Volume 24 LAWS OF THE REPUBLIC OF ZAMBIA 1995 Edition (Revised) Volume 24 Contents Chapter 432. Engineering Institution of Zambia Act Chapter 433. Electricity Act Chapter 434. Vacant Chapter 435. Petroleum Act Chapter 436. Energy Regulation Act Chapter 437. Higher Authority for Power (Special Provisions) Act Chapter 438. Quantity Surveyors Act Chapter 439. Vacant Chapter 440. Petroleum (Exploration and Production) Act Chapter 441. Factories Act Chapter 442. Zambia Institute of Architects Act Chapter 443. Vacant REPUBLIC OF ZAMBIA THE ENGINEERING INSTITUTION OF ZAMBIA ACT CHAPTER 432 OF THE LAWS OF ZAMBIA CHAPTER 432 THE ENGINEERING INSTITUTION OF ZAMBIA ACTCHAPTER 432 THE ENGINEERING INSTITUTION OF ZAMBIA ACT
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Volume 24 LAWS OF THE REPUBLIC OF ZAMBIA 1995 Edition (Revised) Volume 24 Contents Chapter 432. Engineering Institution of Zambia Act Chapter 433. Electricity Act Chapter 434. Vacant Chapter 435. Petroleum Act Chapter 436. Energy Regulation Act Chapter 437. Higher Authority for Power (Special Provisions) Act Chapter 438. Quantity Surveyors Act Chapter 439. Vacant Chapter 440. Petroleum (Exploration and Production) Act Chapter 441. Factories Act Chapter 442. Zambia Institute of Architects Act Chapter 443. Vacant REPUBLIC OF ZAMBIA THE ENGINEERING INSTITUTION OF ZAMBIA ACT CHAPTER 432 OF THE LAWS OF ZAMBIA CHAPTER 432 THE ENGINEERING INSTITUTION OF ZAMBIA ACTCHAPTER 432 THE ENGINEERING INSTITUTION OF ZAMBIA ACT
ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation PART II ENGINEERING INSTITUTION OF ZAMBIA 3. Establishment of Engineering Institution of Zambia 4. Functions of the institution 5. Limitation of personal liability 6. Custody and use of seal PART III MEMBERSHIP 7. Classes of membership 8. Member of Institution before commencement of the Act to be member of the Institution and corresponding class 9. Honorary Fellow 10. Fellow 11. Member 12. Associate 13. Student 14. Company membership 15. Right to vote 16. Designation of members 17. Penalty for improper use of title or description 18. Expulsion of members 19. Professional practice
PART IV SECTIONS AND BRANCHES Section 20. Sections of Institution 21. Branches of Institution PART V COUNCIL 22. Constitution of Council 23. Functions of Council 24. Committees of Council 25. Proceedings of Council 26. Immunity of members of Council PART VI ENGINEERS' REGISTRATION BOARD 27. Engineers' Registration Board 28. Proceedings of Engineers' Registration Board 29. Registration of practising engineers 30. Disqualifications for registration 31. Practising certificate 32. Offences relating to practising certificates 33. Exemptions 34. Cancellation of practising certificate 35. Appeals to Disciplinary Committee 36. Offences relating to registration PART VII DISCIPLINARY COMMITTEE Section
37. Disciplinary Committee 38. Functions of Disciplinary Committee 39. Proceedings of Disciplinary Committee 40. Powers of Disciplinary Committee 41. Professional misconduct 42. Penalties to be imposed by Disciplinary Committee 43. Appeals to Council PART VIII MISCELLANEOUS 44. Professional fees 45. Prohibition of publication or disclosure of information to an unauthorised person 46. Offences and penalties 47. Regulations by Council 48. Repeal of Act No. 12 of 1972 CHAPTER 432 ENGINEERING INSTITUTION OF ZAMBIAAct No. 27 of 1992 13 of 1994 An Act to provide for the continued existence of the Engineering Institution of Zambia; to provide for the functions of the Engineering Institution of Zambia; to constitute the Council of the Institution; to provide for the qualification for membership and registration of the Engineers; to provide for the Disciplinary Committee; to repeal the Engineering Institution of Zambia Act; and to provide for matters connected with or incidental to the foregoing. [27th July, 1992] PART I PRELIMINARY 1. This Act may be cited as the Engineering Institution of Zambia Act.Short title 2. In this Act, unless the context otherwise requires-Interpretation "allied discipline" means a discipline prescribed as such by the Council;
"approved" means approved by the Council; "Board" means the Engineers' Registration Board constituted under section twenty-seven; "company members" means membership accorded to a body corporate or a division thereof under section fourteen; "Council" means the Council of the Institution; "financial year" means the period of twelve months ending on 31st March in any year; "Disciplinary Committee" means the Disciplinary Committee of the Institution appointed under section thirty-seven; "engineer" means any person recognised and registered as such under this Act and includes a technical consultant and technical adviser, and engineering shall be construed accordingly; "special resolution" means a resolution passed by not less than a two-thirds majority of the total membership of the Council duly convened with the due notice of the intention to propose such a resolution; "Institution" means the Engineering Institution of Zambia established by section three; "Honorary Secretary" means Honorary Secretary of the Engineering Institution of Zambia; "practising certificate" means a certificate issued under section thirty-one authorising a person to practise as an engineer. PART II ENGINEERING INSTITUTION OF ZAMBIA 3. There is hereby established the Engineering Institution of Zambia which shall be a body corporate having perpetual succession and a common seal and shall, under that name be capable of suing and being sued in its own name and subject to the provisions of this Act, of performing such acts, as a body corporate may by law perform.Establishment of Engineering Institution of Zambia 4. The functions of the Institution are- (a) to promote the general advancement of the science and advancement of engineering and allied disciplines; (b) to maintain and improve the standards of conduct and learning of engineering and allied professions in Zambia; (c) to facilitate the acquisition of knowledge by members of the Institution by the establishment of technical libraries, and the provision of monetary grants, books, apparatus and any other facilities necessary to achieve this end; (d) to hold meetings of the Institution for the reading and discussion of papers for professional interest, to make awards to authors of papers of special
merit and to arrange for other activities of interest or benefit to members; (e) to raise the character and status of the profession of engineering and allied disciplines, to promote honourable and good practice and increase the confidence of the community in those persons practising in the engineering profession and allied discipline; (f) to acquire, hold, take on lease, develop, lease, hire or dispose of properties of all kinds, whether movable or immovable, and to derive capital or income therefrom, for all or any of the foregoing objects; (g) to raise or borrow money for all or any of the foregoing objects in such a manner and upon such security as may from time to time be determined by the Council; (h) to invest and deal with moneys of the Institution not immediately required in such manner as may from time to time be determined by the Council; Provided that this paragraph shall not be construed so as to permit the distribution of any profit of the Institution; and (i) to do all such other things as are incidental or conducive to the attainment of any of the foregoing objects.Function of Institution 5. No member of the Institution shall be personally liable for any action taken by him in good faith in his capacity as a member of the Institution and duly authorised by the Council.Limitation of personal liability 6. The common seal of the Institution shall be kept in such custody and used in such manner as may be prescribed.Custody and use of seal PART III MEMBERSHIP 7. (1) There shall be six classes of membership of the Institution namely, Honorary Fellow, Fellow, Member, Associate, Student and Company Member.Classes of membership (2) Membership of the Institution shall be by election by the Council in such manner as may be prescribed. (3) Every election made under section (2) shall specify the class of membership of the Institution to which the applicant has been elected and the classes shall be determined in accordance with sections nine, ten, eleven, twelve, thirteen and fourteen. (4) A person making any application under sections ten, eleven, twelve, thirteen or fourteen shall produce such evidence of the facts on which he relies as the Council may require. 8. Notwithstanding section seven, any person who immediately prior to the commencement of this Act was an Honorary Fellow, Fellow, Member, Associate, Student or Corporate Member of the Institution shall be deemed as from the commencement of this Act to be an Honorary Fellow, Fellow, Member, Associate, Student or Company Member of the Institution respectively under this Act.Member
of Institution before commencement of the Act to be member of the Institution and corresponding class 9. (1) Any person whom the Institution desires to honour for-Honorary Fellow (a) distinguished work in engineering or allied discipline; (b) exceptional and important services relating to engineering or allied discipline; (c) exceptional and important services rendered to the Institution; or (d) association to the Institution which is beneficial to it; may be elected an Honorary Fellow of the Institution. (2) Notification of the intention to propose a person as an Honorary Fellow shall be made at a meeting of a Council. (3) The proposal of such Honorary Fellow shall be made at a subsequent meeting of a Council of which notice should have been given to all members together with an intimation of the proposal. (4) The election of an Honorary Fellow shall be by the unanimous vote of the members of the Council present at the subsequent meeting held under subsection (3). 10. A person may on application to the Council be admitted as a Fellow if he- (a) is a Member of the Institution or has fulfilled the conditions for such membership; or (b) has attended an appropriate university, college or school and holds a degree or other qualification acceptable to the Council for this class of membership; (c) at, or not more than one year before the time of making his application of admission as a Fellow, he is or has been-Fellow (i) engaged for not less than five years in a position of superior responsibility in the administration, design, execution or operation of such important work as in the opinion of the Council is comprised within the practice of professional engineering or an allied discipline; (ii) in practice as a consultant on his own account for not less than five years and has acquired eminence in his profession; (iii) lecturing or teaching at such university, institute or school in such responsible position and for such length of time of not less than five years; or (iv) engaged in research of an approved nature for not less than five years. 11. A person may, on application to the Council be admitted as a Member if he- (a) (i) has attended an approved university, college or school and holds a degree or other qualifications acceptable to the Council for this class
of membership; orMember (ii) has been educated in the profession for such period and passed such examinations as may from time to time be determined by the Council; and (iii) has proved his educational attainment by the submission to the Council of a thesis, report or technical essay of a standard acceptable to the Council coupled with an oral discussion on the subject matter with members of the Council to their satisfaction; and (b) at, or not more than one year before, the time of making the application for admission as a Member, he is or has been- (i) engaged in the administration, design, execution or operation of professional work; or (ii) employed as a lecturer or teacher; or (iii) engaged in research of an approved nature; and (c) he either- (i) has undergone training acceptable to the Council for a period of at least two years under an approved professional person; or (ii) satisfies the Council that he has other suitable professional training; and (d) he has been after such training, gained relevant experience of at least two years, one of which was in a responsible position considered by the Council to be professional work. 12. (1) A person may, on application to the Council, be admitted as an Associate if he-Associate (a) (i) has attended an approved university, technical college or school or holds a degree, diploma or other qualifications acceptable to the Council for this class of membership; or (ii) has been educated in the profession for such period and has passed such examinations as may from time to time be determined by the Council; and (b) at, or not more than one year before, the time of making an application for admission as an Associate he is or has been- (i) engaged in work of an administrative or technical nature within the profession; or (ii) employed as a lecturer or teacher in an approved institution; or (iii) engaged in research of an approved nature; and (c) has undergone training acceptable to the Council for a period of at least two years; and (d) has had, an aggregate period of two years further experience of such work as, in the opinion of the Council, is appropriate to his particular discipline.
(2) Notwithstanding subsection (1) a university graduate with a degree approved by the Council for the purposes of sub-paragraph (i) of paragraph (a) of section eleven, may apply to be admitted as an Associate if he is at least twenty-one years old and has had at least two years of such practical experience as is acceptable to the Council. 13. A person may on application to the Council be admitted as a Student, if he is a bona fide student at an approved university, institute or school and he is studying engineering or an allied discipline, or undergoing a period of training in industry connected with engineering or allied discipline after graduation.Student 14. A statutory corporation, a company, an association or other body, division, department or section which is directly engaged in engineering activity or is professionally interested in engineering or an allied discipline in Zambia, and which has two or more members of staff who are Members or Fellows, may on application to the Council be admitted as a Company Member.Company membership 15. A Fellow, Member or Associate shall have a vote on any matter arising within the Institution.Right to vote 16. A member shall be entitled to describe and designate himself as follows: (a) "Honorary Fellow" as "Honorary Fellow of the Engineering Institution of Zambia" or by the abbreviation and initials "Hon.FEIZ"; (b) "Fellow" as "Fellow of the Engineering Institution of Zambia" or by the initials "FEIZ"; (c) "Member" as "Member of the Engineering Institution of Zambia" or by the initials "MEIZ"; (d) "Associate" as "Associate of the Engineering Institution of Zambia" or by the initials "AEIZ"; (e) "Student" as "Student of Engineering Institution of Zambia".Designation of members 17. A person using the title or description Honorary Fellow, Fellow, Member, Associate or Student of the Engineering Institution of Zambia or the authorised letters designating these titles, when not so entitled shall be liable on conviction to a fine not exceeding four thousand penalty units or to imprisonment for a period not exceeding twelve months or to both. (As amended by Act No. 13 of 1994)Penalty for improper use of title or description 18. (1) A member of the Institution may be expelled or suspended from the Institution by a special resolution of the Council on the recommendation of the Disciplinary Committee.Expulsion of members (2) No person who has been expelled from membership of the Institution shall be re-admitted without the authority of a special resolution. 19. In all professional relations, members of the Institution shall be
governed by the code of conduct for engineers which shall be prescribed by the Council with the approval of the Minister.Professional practice PART IV SECTIONS AND BRANCHES 20. (1) There shall be as many sections of the Institution as the Council may approve, and each section shall be composed of members whose major interests lie in the particular disciplines with which the sections are concerned.Sections of Institution (2) Subject to the general directions of the Council, a section may regulate its own procedure. (3) The management and control of each section shall be vested in a committee elected annually by that section and the Chairman of the Committee shall be a Fellow or Member. (4) A committee of a section shall be responsible for all matters affecting the section including the receipt and expenditure of moneys relating to its activities other than membership subscriptions. (5) A section of the Institution may be dissolved with the prior approval of the Council. 21. (1) There shall be as many branches of the Institution as the Council may approve according to the number of members in particular geographical areas.Branches of Institution (2) Subject to the general directions of a Council a branch may regulate its own procedure. (3) The management and control of each branch shall be vested in a committee elected annually by that branch and Chairman of a Committee shall be a Fellow or Member. (4) A Committee of a branch shall be responsible for all matters affecting the branch including the receipt and expenditure of moneys relating to its activities other than membership subscriptions. (5) A branch may be dissolved with the prior approval of the Council. PART V COUNCIL 22. (1) There shall be a Council of the Institution which shall be responsible for the management and control of the affairs of the Institution.Constitution of Council (2) The Council shall consist of- (a) a President who shall be a Fellow and who previously served as a member of the Council; (b) a Vice-President who shall be a Fellow;
(c) the immediate past President; (d) an Honorary Secretary and an Honorary Treasurer who shall be Fellows or Members; (e) one Fellow, one Member, one Associate, one student member and four other members; and (f) the Chairman of each branch committee and each section committee; and one committee member nominated by each branch and each section of the Institution. (3) Members of the Council shall be elected annually at the annual general meeting of the Institution. 23. Except as otherwise provided in this Act or in any regulations made thereunder, the functions of the Councils shall be- (a) to maintain a register of the names of all persons who are members of the institution and the class of membership applicable to such persons; and (b) to perform all the functions of the Institution.Functions of Council 24. (1) The Council may for the purpose of performing its functions under this Act establish committees or other bodies consisting of members of the Institution and may, except as otherwise provided in this Act or in any regulations made thereunder, delegate to any such committee or body any of its functions as it considers necessary.Committees of Council (2) Subject to any specific or general direction of the Council a committee or body established under this section may regulate its own procedure. 25. Subject to the other provisions of this Act the Council may regulate its own procedure.Proceedings of Council 26. No action or other proceedings shall lie or be instituted against any member of the Council, any Committee or other body of the Council for, or in respect of, any Act or thing done or omitted to be done in good faith in the exercise or purported exercise of his duties under this Act.Immunity of members of Council PART VI ENGINEERS' REGISTRATION BOARD 27. (1) There shall be an Engineers' Registration Board of the Institution.Engineers' Registration Board (2) The Board shall consist of- (a) the Dean of the School of Engineering of the University of Zambia or his representative; and (b) nine registered engineers, at least one of whom shall be a registered engineering consultant, elected at an annual general meeting: Provided that for the first members of the Board, the term "registered engineer"
shall refer to "Fellow or Member". (3) The Board shall at its first meeting each year elect a Chairman and Vice-Chairman from amongst its members who shall be eligible for election at the expiration of one year: Provided that no member shall hold office as Chairman for more than two years. (4) The members of the Board other than the Chairman or the Vice-Chairman shall hold office for three years and shall, on the expiration of that period, be eligible for re-appointment: Provided that a member shall not serve on the Board for more than six consecutive years. 28. (1) Subject to the other provision of this section the Board may regulate its own procedure.Proceedings of Engineers' Registration Board (2) The Board shall for the transaction of its business meet at least once every year at such places and at such times as the Board may determine. (3) At every meeting of the Board five members shall constitute a quorum. (4) There shall preside at every meeting of the Board the Chairman or in his absence the Vice-Chairman or in their absence such member as the members present may elect for the purpose of that meeting. (5) A decision of the Board shall be by a majority of the members present and voting at a meeting and, in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his deliberative vote. 29. (1) Subject to section thirty-three the Board shall under the general supervision of the Council prepare and maintain a register of engineers categorised on an individual or company basis.Registration of practising engineers (2) The register referred to in subsection (1) shall contain information relating to the registered members as may be prescribed. (3) A person shall be eligible to be registered as a practising engineer if- (a) he is a Fellow or Member of the Institution; (b) he is resident or has an established office or appointment in Zambia as an engineer; and (c) he pays a prescribed application fee. (4) Any person applying for registration as an engineer shall submit documents as required by the Board to support his registration. (5) A registered engineer shall be entitled to use the title "Registered Engineer" the abbreviation "Eng" before his name or "R.Eng" after his name. 30. No person shall qualify to register as an engineer if-
(a) he has been convicted of an offence involving dishonesty; (b) he has been adjudged or otherwise declared to be of unsound mind under any law in force in Zambia; (c) he is an undischarged bankrupt; (d) in the case of a company it is not a Company Member of the Institution.Disqualifications for registration 31. (1) Every engineer or Company Member registered under section twenty-nine shall on the payment of a prescribed fee be issued by the Board with a practising certificate which shall state the category of registration and fields of engineering in which the holder may practice.Practising certificate (2) Every practising certificate issued under subsection (1) shall take effect on the day it is issued and shall continue in force until the 31st December next following: Provided that every practising certificate issued between the 1st January and the 1st February shall have effect for all purposes from the 1st January in that year. 32. (1) Subject to subsection (2) of section thirty-one no person shall without a practising certificate-Offences relating to practising certificate (a) establish a practise as an engineer or be a partner in any such practice; (b) accept any appointment which includes the words "engineer" or "engineering" in its title or functions; (c) teach, practice or offer his services as or hold himself out to be a qualified engineer, engineering consultant or adviser; (d) adopt, use or exhibit the titles "engineer", "registered engineer", "project engineer", "consulting engineer" or any other terms of like description; or (e) do anything likely to lead persons to infer that he is a registered engineer. (2) Any person who acts in contravention of subsection (1) shall be liable upon conviction to a fine not exceeding four thousand penalty units or to imprisonment for a term not exceeding twelve months, or to both. (3) Where an offence under subsection (2) is committed by a body corporate, every director and manager of the body corporate shall be deemed to have committed the offence unless the manager or director proves that the offence was committed without his knowledge or consent. (4) Where a firm does any act which if done by an individual would be an offence under subsection (2) every partner in that firm shall be deemed to have committed the offence unless he proves that the offence was committed without his knowledge or consent. (5) A practising certificate shall be renewed annually upon the payment of fees prescribed in the Schedule and shall be displayed at the place of practice.
(6) Has had its effect. (As amended by Act No. 13 of 1994) 33. Except for heads of department at an Institution approved by the Council, lecturers in engineering subjects, trainee engineers or pupil engineers undergoing training programmes approved by the Council who satisfy the academic qualification for Member and who are under the supervision of a registered engineer shall not be required to comply with the provisions of this Part:Exemption Provided that the exemption under this section shall be in writing and shall contain such conditions as shall be deemed necessary by the Council and provided further that such exemption shall only apply to holders of appointments which include "engineer" or "engineering" in their titles or functions. 34. (1) The practising certificate issued under section thirty-one may be cancelled by the Board if-Cancellation of practising certificate (a) it is proved to the satisfaction of the Board that the registration was obtained through fraud, misrepresentation or concealment of any material fact; or (b) a person ceases to be a member of the Institution. (2) The Board shall before cancellation of a practising certificate under subsection (1) give a registered engineer thirty days' notice of the intention to cancel and require the registered engineer opportunity to show cause why his practising certificate should not be cancelled. (3) The cancellation of a practising certificate under subsection (1) shall be published in the Gazette. 35. A person agrieved by a decision made by or on behalf of the Board may appeal to the Disciplinary Committee within ninety days of such decision.Appeals to Disciplinary Committee 36. Any person who- (a) makes or causes to be made an unauthorised entry, alteration or erasure in a register, practising certificate, or in any copy thereof; or (b) procures or attempts to procure himself or any other person a practising certificate of any matter by means of fraud, misrepresentation or concealment of any material facts; shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding four thousand penalty units or to imprisonment for a term not exceeding twelve months, or to both. (As amended by Act No. 13 of 1994)Offences relating to registration PART VII DISCIPLINARY COMMITTEE
37. (1) There shall be a Disciplinary Committee of the Institution elected at an annual general meeting of the Institution.Disciplinary Committee (2) The Disciplinary Committee shall consist of the following members: (a) a Chairman; (b) a Vice-Chairman; (c) legal practitioner; and (d) not less than three and not more than five other members. (3) The members referred to in paragraphs (a), (b) and (d) shall be registered engineers. (4) Members of Disciplinary Committee shall hold office for two years and may be re-elected upon the expiration of the term of office. (5) There shall preside at every meeting of the Disciplinary Committee the Chairman, or in his absence the Vice-Chairman or in the absence of the Chairman and the Vice-Chairman such member as the members present may elect for the purpose of that meeting. 38. The functions of the Disciplinary Committee shall be to hear and determine- (a) any complaint or allegation against a member of the Institution; (b) any complaint or allegation against a registered engineer; and (c) any complaint or allegation against the Board.Functions of Disciplinary Committee 39. (1) Except as approved in this section the Disciplinary Committee may regulate its own procedure.Proceedings of Disciplinary Committee (2) Four members of the Disciplinary Committee shall form a quorum. (3) A decision of the Disciplinary Committee shall be by a majority of votes of members present and voting; and in the event of an equality of votes the person presiding at the meeting shall have a casting vote in addition to his deliberative vote. (4) All proceedings of the Disciplinary Committee shall be held in camera. (5) The Disciplinary Committee shall cause to be kept a record of all its proceedings. (6) A party to the proceedings before the Disciplinary Committee shall as of right be present throughout the hearing: Provided that any party to a hearing before a Committee may be represented by a lawyer, or with the leave of the Committee of any person authorised by him in that behalf. (7) The party to the proceeding or his advocates if any shall be invited to
cross-examine any person giving evidence before the Committee. (8) The Disciplinary Committee shall, at the close of hearing each case make a ruling which shall be communicated to the parties and to the Council. 40. (1) The Disciplinary Committee may, for purposes of any inquiry hear and receive any evidence and may administer oaths.Powers of Disciplinary Committee (2) Any person summoned to appear before the Disciplinary Committee who, without sufficient cause- (a) refuses or fails to attend at the time and place specified in the summon, or having attended leaves without the permission of a Committee; or (b) having attended refuses to be sworn or to affirm; or (c) refuses without lawful excuse to the best of his knowledge to answer any question lawfully put to him; or (d) refuses to produce any book, record, document or thing which he has been required by summons to produce other than that which he could not be compelled to produce in the trial of action; shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding four hundred penalty units or to imprisonment not exceeding three months, or to both: Provided that no such person shall be compelled to answer any question or produce any book, record, document or thing which he could not be compelled to answer or produce on the trial of an action in the High Court. (As amended by Act No. 13 of 1994) 41. A registered engineer shall be guilty of professional misconduct if, in the course of his practice as an engineer, he- (a) allows a person, other than a registered engineer or trainee engineer in his employment to practice in the name of a registered engineer; (b) unlawfully discloses or uses to his advantage any information which was acquired in the course of his professional engagement with his client; (c) certifies or submits in his name or in the names of his firm a report, document, drawings, statements and related records which have not been made by him, his partner or an engineer employed by his firm; (d) permits his name or the name of his firm to be used in connection with technical specifications, designs or financial calculations contingent upon future transactions in the manner which may lead reasonable people to infer that he vouches for the accuracy of such information; (e) charges for professional work, fees other than the scales approved by the Council; (f) in a report in which his client has interest, fails to disclose or knowingly conceals from such client mis-statements or facts known to himself and the disclosure of which is necessary in order that the report does not mislead;
or gives an opinion in a professional capacity without obtaining sufficient information thereof.Professional misconduct 42. (1) Where the Disciplinary Committee, after due inquiry finds an engineer guilty of professional misconduct as a member of the Institution, it may impose one or more of the following penalties-Penalties to be imposed by Disciplinary Committee (a) order the cancellation of his practising certificate or modify the fields of speciality in which he may practise; (b) recommended to the Council, the expulsion or suspension of any member; (c) censure him; (d) impose a fine not exceeding eight hundred penalty units to be paid to the Institution; (e) order him to pay to the Institution or to any other party to the hearing any costs of, or, incidental to the proceedings; (f) impose any reasonable conditions for the postponement or suspension for a period not exceeding two years of any of the foregoing punishments. (2) In any hearing before the Disciplinary Committee, any decision which is shown to have been made by any court in Zambia shall be conclusive evidence of the facts so found. (3) The Disciplinary Committee shall as soon as practicable after the completion of each hearing submit to the Institution a report of the proceedings together with a copy of the record kept in accordance with subsection (5) of section thirty-nine. (As amended by Act No. 13 of 1994) 43. (1) An engineer who is aggrieved by any decision of the Disciplinary Committee may within thirty days of the notification to him of a decision, appeal to the Council.Appeals to Council (2) The cancellation of any membership for registration ordered by the Disciplinary Committee under paragraph (a) of subsection (1) shall not take effect until after the expiration of the time allowed for lodging an appeal against such order. (3) The Council may, on appeal against the findings and orders of the Disciplinary Committee- (a) confirm, vary or set aside any findings made, penalty imposed or direction given by the Committee; or (b) refer the matter back to the Committee for further consideration. PART VIII MISCELLANEOUS 44. A practising engineer shall for his professional services rendered,
charge fees as the Council may, with the approval of the Minister, by statutory instrument prescribe.Professional Fees 45. (1) No person shall without the consent in writing given by or on behalf of the Council, publish or disclose to any person otherwise than in the course of his duties the contents of any document, communication or information whatsoever which relates to, and which has come to his knowledge in the course of his duties under this Act.Prohibition of publication or disclosure of information to an unauthorised person (2) Any person who knowingly contravenes the provisions of subsection (1) shall be guilty of an offence and shall be liable upon conviction, to a fine not exceeding eight hundred penalty units or imprisonment for a term not exceeding three months or to both. (3) If any person having information which to his knowledge has been published or disclosed in contravention of subsection (1) unlawfully publishes or communicates any such information to any other person, he shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding eight hundred penalty units or to imprisonment for a term not exceeding three months or to both. (As amended by Act No. 13 of 1994) 46. Any person who contravenes any of the provisions of this Act shall be guilty of an offence and where no specific penalty is provided shall be liable upon conviction to a fine not exceeding six hundred penalty units or to a term of imprisonment not exceeding three months or to both. (As amended by Act No. 13 of 1994)Offences and penalties 47. (1) Subject to the approval of the Minister, the Council may by statutory instrument make regulations for the Institution prescribing all or any of the following:Regulations of Council (a) the manner of application for membership to the Institution and transfer of any member from one class to another; (b) entrance fees and annual subscriptions; (c) the manner of election, removal and replacement of the President, Vice-President, the officers and other members of the Council, its committees and of representatives of the Institution or any other body; (d) the regulation of powers exercisable by the Council, its committees and bodies of the Institution; (e) provision for voting by proxy, post and otherwise; (f) the manner of keeping accounts of the Institution and the rendering of reports and accounts; (g) resignation of members of the Institution; (h) the form and manner of summons requiring the attendance of a witness before the production of any book, record, document or thing;
(i) the procedure to be followed and rules of conduct to be observed in proceedings before the Disciplinary Committee; (j) the manner of application for registration as an engineer and fees payable for such registration; (k) the grounds for expulsion or suspension of members from the Institution and procedure relating thereto; (l) the preservation of copyrights of papers, reports of proceedings and discussions of the Institution; (m) the code of conduct to which all members of the Institution shall subscribe; (n) the fixing of fees for professional services and any other fees which are required to be subscribed; and (o) any other matters as may be deemed by the Council to be necessary for the proper conduct and regulation of the affairs of the Institution. 48. (1) Subject to subsection (2) the Engineering Institution of Zambia Act, 1972, is hereby repealed.Repeal of Act No. 12 of 1972 (2) Notwithstanding the repeal of the Engineering Institution of Zambia Act, 1972- (a) any regulation made under that Act; (b) any contract entered into or all assets acquired and liabilities incurred by the Institution; immediately before the commencement of this Act shall continue to have effect or be valid as the case may be and shall be deemed to have been made, entered into, acquired or incurred as the case under this Act. SUBSIDIARY LEGISLATION THE ENGINEERING INSTITUTION OF ZAMBIA ACT THE ENGINEERING INSTITUTION OF ZAMBIA REGULATIONS ARRANGEMENT OF REGULATIONS PART I PRELIMINARY Regulation 1. Title 2. Interpretation
PART II MEMBERSHIP 3. Application for membership 4. Resignation from membership 5. Payment of membership fees, etc. 6. Annual subscription 7. Annual subscription of retired members 8. Default in payment of annual subscription 9. Effect of registration 10. Membership certificate 11. Formation of sections PART III COUNCIL PROCEDURES 12. Council elections 13. Eligibility for elections as President, etc. 14. Tenure of Office of President, etc. 15. Vacancies on the Council 16. Representation of the Council in other professional bodies 17. Co-opted Members 18. Meetings of Council PART IV REGISTRATION BOARD PROCEDURES Regulation 19. Board Elections 20. Casual vacancies on the Board 21. Meetings of the Board 22. Registrar 23. Application for registration as practising engineer 24. Registration fees
25. Practising certificate 26. Fields of competence PART V DISCIPLINARY COMMITTEE PROCEDURES 27. Elections for Disciplinary Committee Members 28. Eligibility for Chairman and Vice-Chairman 29. General vacancies 30. Complaints procedure 31. Meetings of the Disciplinary Committee PART VI SEAL AND MEETINGS OF INSTITUTION 32. Seal of Institution 33. Annual General Meeting 34. Agenda for Annual General Meeting 35. Special General Meeting 36. Minutes of Institution, etc. PART VII FINANCIAL Regulation 37. Funds of Institution 38. Accounts and Audit 39. Revocation of Statutory Instruments No. 43 of 1985 and No. 71 of 1987 FIRST SCHEDULE-Forms SECOND SCHEDULE-Code of Ethics THIRD SCHEDULE-Scale of Fees for Professional Services SECTION 47-ENGINEERING INSTITUTION OF ZAMBIA REGULATIONS Regulations by the Minister Statutory Instrument 125 of 1993 PART I
PRELIMINARY 1. These Regulations may be cited as the Engineering Institution of Zambia Regulations.Title 2. In these Regulations, unless the context otherwise requires-Interpretation "Annual General Meeting" means the Annual General Meeting of the Institution; "branch" means a branch formed by a prescribed number of sections in a prescribed geographical region; "certificate" means practising certificate issued by the Registration Board; "committee" means a committee of the Council; "financial year" means the financial year of the Institution beginning form the 1st April of each year and ending on the 31st March of the following year; "member" means a member of the Institution and "membership" shall be construed accordingly; "membership certificate" means the certificate issued after admission to the membership of the institution; "Secretary" means the Honorary Secretary of the Institution; "section" means a section formed under Regulation 11; "Registrar" means the Registrar of the Registration Board. PART II MEMBERSHIP 3. (1) Application for admission to any class of membership shall be made to the Secretary for-Application for membership (a) any individual in the form set out in Part I of the First Schedule; and (b) any company in the form set out in Part II of the First Schedule. (2) Upon receipt of an application made under sub-regulation (1), the Secretary shall, as soon as practicable, submit it to the appropriate committee, together with his recommendations thereon, and the Committee shall, as soon as practicable approve or reject the application. (3) Any decision of the Committee approving or rejecting an application for membership shall be communicated forthwith to the Council who shall confirm or vary such decision in its discretion, (4) A decision of the Council shall be communicated to the applicant by the Secretary. 4. (1) A member of any class of the Institution may resign his membership upon giving notice in writing through the Secretary to the Council of his intention
to resign.Resignation from membership (2) The resignation of a member shall not take effect until the members has paid all arrears of subscription due up to and including the date of his resignation, and no refund of subscription already paid shall be made to a member who has resigned his membership. (3) A members who has resigned shall forward his certificate of membership to the Secretary who, upon receipt of the certificate, shall remove the name of such member from the register of members. (4) A fully paid-up member who resigns his membership shall be recorded as having resigned in good standing. (5) A member who resigns without paying all arrears of subscription due up to and including the date of his resignation shall have his name struck off the register. 5. (1) Where the Council approves an application for membership, such membership shall commence when the applicant pays to the Institution within sixty days of being notified of such approval-Payment of membership fees, etc. (a) the registration fee; and (b) the membership fee; as set from time to time by the Institution for the class of membership to which he has been admitted. (2) Where a successful applicant fails to pay the registration fee and the membership fee within the period prescribed in sub-regulation (1), his application for membership and the Council's approval thereof shall automatically lapse. 6. (1) On or about the 1st April of each year, each member shall pay to the Institution an annual subscription applicable to the class of membership to which he belongs, as set from time to time by the Institution.Annual subscription (2) Any person who is admitted to any class of membership, or any member who is transferred from class of membership to another, after the 30th September in any financial year shall pay to the Institution half of the annual subscription for that class of membership for that financial year. 7. Any member over the age of 55 years who satisfies the Institution that he has ceased to be engaged in gainful employment may elect to pay each year only one-half of the subscription for that year, or in the alternative, pay an aggregate sum equivalent to five annual subscriptions in lieu of all future annual subscriptions.Annual subscription of retired members 8. Any member who fails to pay his annual subscription for twelve months shall cease to be a member in good standing, and his membership shall lapse automatically:Default in payment of annual subscription Provided that the Council may, in its absolute discretion, reinstate upon payment by such member of all arrears of subscription.
9. (1) Every member shall be a subject to the Code of Ethics set out in the Second Schedule.Effect of Registration (2) Every members, other than a public servant, shall be entitled, in the absence of special authorisation from the Council to the contrary, to receive remuneration for his professional services in accordance with the Council's scale of fees for professional advice, services rendered or other work done, as set out in the Third Schedule. (3) Before engaging in any professional advice, services or other work, every member shall draw the attention of the client to the Council's scale of fees mentioned in sub-regulation (2). 10. (1) There shall be issued to each member a certificate stating his full name, his class of membership and the date upon which he was admitted to that class of membership.Membership certificate (2) Every certificate issued under sub-regulation (1) shall bear the crest of the Institution, and shall be signed by the President or Vice-President and the Secretary. 11. (1) The Council may authorise the formation of a section upon receipt of an application from a proposed section which consists of at least twenty persons form the class of Member or Fellow who are also members of a particular discipline of the profession.Formation of sections (2) For the purpose of sub-regulation (1) the Secretary shall keep and maintain for each section a register of members which shall be open for inspection by the public. PART III COUNCIL PROCEDURES 12. (1) The provisions of this regulation shall apply to election of Councillors under paragraph (3) of section twenty-two of the Act.Council of elections (2) For the purpose of nominating candidates for election as Councillors, there shall be constituted every year a nominations Committee made up of the following: (a) the immediate past President or the most recent past President available; (b) three members nominated by resolution of the Council; and (c) one member nominated by each section and branch. (3) Candidates shall be resident in Zambia at the time of the election. (4) Nominations shall be made by completing a nomination form approved by the Council on which candidates shall sign indicating their willingness to serve on the Council. (5) Not less than ten weeks before the Annual General Meeting, the nominations Committee shall call for nominations by a notice to the Branches and Sections, indicating the number of positions to be contested in each category of the
council composition. (6) Not less than six weeks before the Annual General Meeting, the nominations Committee, shall deliver to the Secretary all valid nominations forms. (7) Not less than two weeks before the Annual General Meeting, the Council shall circulate to all members, the list of valid nominations together with brief details of each candidate. (8) Voting shall be by secret ballot. (9) Each member present shall have one vote in each section. (10) Where in the election of any of the office bearers two or more candidates shall receive the highest number of votes, a second ballot shall be held to decide the winner amongst such candidates. (11) Where in the election of ordinary members two or more candidates shall tie for the last position in a class, a second ballot shall be held to decide the winner amongst such candidates. (12) At the Annual General Meeting, the President shall announce the names of those candidates who have been elected councillors, either as a result of the elections or because no elections were necessary. 13. (1) No member shall be eligible for election as President or Vice-President unless:Eligibility for election as President, etc. (a) he is a Fellow and has previously served as a member on the Council; and (b) has been nominated by three persons who are either Members or Fellows, one of whom shall be the proposer and the other two seconders. (2) For election as Honorary Secretary or Honorary Treasurer, candidates shall be- (a) members or Fellows; (b) nominated by three persons at least one of whom shall be a Fellow, being one proposer and two seconders. (3) For election as ordinary member in the case of Member or Fellow, candidates shall be nominated by three persons who are either Members or Fellow, being one proposer and two seconders. (4) For election as ordinary member in the class of Associate, candidates shall be nominated by three Associates, one of whom shall be the proposer and the other two, the seconders. (5) For election as ordinary member in the class of student, candidates shall be nominated by three students one of whom shall be the proposer and the other two, the seconders. 14. (1) No person shall hold office of President for more than two consecutive years.Tenure of office of President, etc. (2) No person shall hold office as Branch Chairman for more than two
consecutive years. 15. (1) Whenever the office of President is vacant or the President in unable to perform the functions of his office, the Vice-President shall perform such functions.Vacancies on the Council (2) If the office of Vice-President is vacant, the Council shall elect one of its members to fill the vacancy. (3) If the office of Honorary Secretary or Honorary Treasurer falls vacant, the Council shall nominate a Member, Fellow or a member of the Council of the class of Member or Fellow to fill the vacancy. (4) Any other vacancy in the Council shall be filled by a nominee of the Council selected from the class in which the vacancy has occurred. (5) The period during which a person holds the offices of President or Branch Chairman in an acting position shall not form part of the two year period stipulated in Regulation 14. 16. The Council may, on such terms and conditions as it deems fit, appoint any member to represent the Institution on any other professional body.Representation of the Council in other professional bodies 17. The Council may coopt any member to the membership of the Council but such coopted member shall not be entitled to vote on any matter under consideration by the Council.Co-opted members 18. (1) For the transaction of its business, the Council shall meet at such places and at such times, being not less than once every three months as it may determine.Meetings of the Council (2) Upon giving seven days notice a meeting of the Council may be convened by the Secretary at the request of the President, or of any three Councillors: Provide; that if the urgency of any particular matter does not permit the giving of such notice, an extraordinary meeting may be called, upon giving a shorter notice. (3) There shall preside at every meeting of the Council the President or in the absence of the President, the VicePresident, or in the absence of both the President and the VicePresident, such Fellow as the members present may elect for the purpose of that meeting. (4) At any meeting of the Council, five councillors of whom one shall be the President or the Vice-President or a Branch Chairman or Section Chairman, shall constitute a quorum. (5) A decision of the Council on any question shall be by a majority of the members present and voting at a meeting of the Council and in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his deliberate vote. (-) Notwithstanding the provisions of sub-regulation (5), a decision may be made by the Council on any urgent matter by the circulation of relevant papers among the members and by the expression in writing of the views of the majority thereof:
Provided that any member shall be entitled to require that any decision shall be deferred until the matter is considered at a meeting of the Council. PART IV REGISTRATION BOARD PROCEDURES 19. (1) The following shall constitute the nominating colleges from which candidates for the Board shall be elected-Board elections (a) NC 1: Consulting Engineers (b) NC 2: Aeronautical, Aircraft, Automobile, Mechanical Production (c) NC 3: Civil, Environmental, Land surveying, Roads, structural water and sanitation. (d) NC 4: Computer, Electric Power, Electronics, Telecommunications (e) NC 5: Geology, Mining (f) NC 6: Metallurgy, Chemical and Process (g) NC 7: Open (2) One person who shall be qualified in one or more of the areas defined in the college in which he is nominated shall be elected from each of the colleges NC 1 to NC 6. (3) Three persons shall be nominated from the college NC 7; two of whom shall be Fellows of the Institution. (4) Nominations shall be made by completing a nomination form approved by the Council. (5) Candidates shall be nominated by three registered Engineers, one of whom shall be the proposer, and the other two, the seconders, all from the same Nominating college. (6) Candidates shall sign the nominating form indicating their willingness to serve on the Board. (7) Candidates shall be resident in Zambia at the time of the election. (8) Not less than ten weeks before an Annual General Meeting of the Institution, the nominations committee shall call for nominations by a notice to the Branch and Section Committees. (9) Not less than six weeks before the Annual General Meeting all valid nomination forms shall be received by the Honorary Secretary of the Council. (10) Not less than two weeks before the Annual General Meeting, the Council shall circulate to all Registered Engineers the list of valid nominations together with the details of each candidate. (11) Voting shall be by secret ballot.
(12) Each member present shall have one vote in each of the Nominating College. (13) Where in the election of a member from any of the nominating colleges NC 1 to NC 6, two or more of the candidates receive the highest number of votes, a second ballot shall be held to decide the winner amongst such candidates. (14) Where in the election of members from nominating college NC 7, two or more of the candidates shall receive the same number of the votes for the third position, a second ballot shall be held to decide the winner amongst such candidates. (15) The procedure above shall be followed for the election of the first Board of the Council. (16) The nominees and their supporters shall be Members or Fellows of the Institution. 20. If a vacancy falls during the term of a Board, the Council shall select a member to fill the vacancy from the particular Nominating College.Casual vacancies on the Board 21. (1) The Board shall determine the frequency of its meetings, provided that it shall meet at least once a year.Meetings of the Board (2) A member who, without reasonable cause, fails to attend two consecutive meetings of the Board shall cease to be a member and shall be so notified, in writing, by the President of the Institution. 22. There shall be a registrar who shall be the head of the secretariat of the Board.Registrar 23. (1) Application for registration as a practising engineer shall be made in the form prescribed by the Board in the First Schedule Part III and shall be lodged with the Registrar.Application for registration as practising engineer (2) Upon receipt of the application made under Regulation, (1) the Registrar shall, as soon as practicable, submit it for consideration by the Board, together with his recommendation. (3) A decision of the Board on an application for registration shall be notified to the applicant by the Registrar as soon as practicable after such a decision has been made. 24. (1) Where the Board approves an application for registration, the applicant shall pay to the Board, within thirty days of being notified of such approval, the registration fees, as determined by the Council from time to time.Registration fees (2) Where a successful applicant fails to pay the registration fees within the period prescribed in sub-regulation (1), his application shall automatically lapse. 25. An applicant who successfully fulfills the requirements of regulations 23 and 24 shall be issued with a practising certificate by the Board as provided in the First Schedule Part IV which shall specify the field of competence.Practising certificate
26. (1) The Board shall issue certificates in the following fields of competence:Fields of competence (a) Civil Engineering (b) Electrical Electronic Engineering (c) Geology/Hydrogeology (d) Land Surveying (e) Mechanical Engineering (f) Metallurgy (g) Mining (2) The Board may prescribe other fields which, in its view, are not adequately covered by the list in sub-regulation (1). PART V DISCIPLINARY COMMITTEE PROCEDURES 27. (1) The nominations committee of the Council shall nominate members for election to the Disciplinary Committee.Elections for Disciplinary Committee Members (2) Any member so nominated who is willing to stand for election shall, by writing under his hand, delivered forthwith to the nominations Committee, accept such nomination. (3) Not less than ten weeks before the Annual General Meeting of the Institution in any year, the nominations committee shall prepare a list of the nominees who have accepted nominations and deliver such list to the Honorary Secretary of the Institution. (4) No less than six weeks before the Annual General Meeting in any year, the Honorary Secretary shall cause to be delivered to each voting member of the Institution in good standing, a copy of such list of nominees with brief details of each nominee. (5) Any two voting members of the Institution in good standing may, by writing under their hands nominate a member in good standing for election to serve on the disciplinary committee, and shall deliver such nomination, together with the written acceptance of the nominee, to the Honorary Secretary, not less than three weeks before the Annual General Meeting in any year. (6) Not less than two weeks before the Annual General Meeting, the Honorary Secretary shall circulate to all branches and sections the final list of nominations. (7) If at any election the number of nominees shall exceed the number of vacancies on the Disciplinary Committee, the Annual General Meeting shall vote in such manner as prescribed by the Honorary Secretary provided that such voting shall be by secret ballot.
(8) Where, during the election of the Disciplinary Committee any two or more candidates receive the same number of votes, the President shall exercise his discretion to either have a casting vote or call upon the voting members present at the meeting forthwith by ballot to indicate their preference amongst such candidates. 28. The Chairman and ViceChairman shall be Fellows of the Institution and shall not hold office on the Council and shall not be members of a Branch or Section Committee.Eligibility for Chairman and Vice-Chairman 29. (1) If the Office of the Chairman falls vacant during a term, the Council may elect any Member or Fellow to serve on the Committee, provided that a person elected to serve as Vice-Chairman shall be a serving member of the Committee.General vacancies (2) If any other position on the Committee falls vacant during a term, the Council may select any Member or Fellow to serve on the Committee, provided that a person selected to serve as Vice-Chairman shall be a serving member of the Committee 30. (1) All complaints against members of the Institution shall be lodged either directly with the Institution or through branches or sections of the Institution.Complaints procedure (2) The power to adjudicate upon such complaints shall vest exclusively in the Disciplinary Committee. (3) A member of the public desirous of making a complaint against a member of the Institution shall be requested to put his complaint in writing, and in such sufficient detail as will enable appropriate inquiries to be conducted into the complaint by the Disciplinary Committee. (4) After due consideration of a complaint, the Disciplinary Committee may decide. (5) Where, after due consideration of the complaint, the Disciplinary Committee requires the member against whom the complaint is made to submit an exculpatory statement in writing, failure to submit such statement within the period specified by the Disciplinary Committee shall be deemed to constitute confirmation of the allegations contained in the complaint. (6) It shall be the duty of the disciplinary committee to establish all the relevant facts of the case, and to seek from any person any additional information necessary to establish the facts. (7) The parties to the case shall be given equal opportunity to state their case. 31. A meeting of the Disciplinary Committee shall be called by the Chairman at regular intervals to consider and adjudicate upon complaints.Meetings of the Disciplinary Committee PART VI SEAL AND MEETINGS OF INSTITUTION
32. (l) The seal of the Institution shall be kept by the Secretary.Seal of Institution (2) The affixing of the seal of the Institution shall be authenticated by the President or the Vice-President and the Secretary or two other members authorised in that behalf by resolution of the Council. (3) All documents requiring to be signed on behalf of the Institution shall, after the Council has signified its approval thereto, be signed by any two persons from such persons as may be authorised in that behalf by the Council. 33. (1) An Annual General Meeting shall be held within six months of the end of each financial year.Annual General Meeting (2) Notice of the date of each Annual General Meeting shall be given by the Secretary at least seven weeks before the date of such meeting. (3) Notice of an Annual General Meeting or an Extraordinary General Meeting or any other meeting of the Institution may be given by such method as the Council thinks adequate, including by the use of the mass media. 34. The Secretary shall deliver with the written notice of the date of each Annual General Meeting an agreed agenda for such meeting.Agenda for the Annual General Meeting 35. (1) Upon giving to the Council not less than fourteen days' notice a Special General Meeting of the Institution may be requested by twenty Members, of whom at least five shall be Fellows, and seven shall be Members and the agenda for such meeting shall be communicated to the Council at the time of such request.Special General Meeting (2) Upon receipt of such request, the Council shall direct the Secretary to convene a Special General Meeting within sixty days of the request, and to give notice of such meeting, together with the agreed agenda for the meeting. (3) At a Special General Meeting, only such matters as are specified on the agreed agenda shall be voted upon. 36. The Secretary shall cause to be kept minutes of all proceedings and resolutions of the Institution, the Council and any committee or subcommittee of the Council, which shall be circulated to members within twentyone days after the meeting to which they relate.Minutes of Institution, etc. PART VII FINANCIAL 37. All income and other moneys received by and belonging to the Institution shall be applied towards the promotion and furtherance of the aims and objectives of the Institution.Funds of institution 38. (1) The Council shall keep proper books of account and other records relating to its accounts, and shall prepare proper statements of accounts and have them audited prior to the Annual General Meeting of each year.Accounts and Audit (2) The accounts of the Institution shall be audited by an auditor authorised
in that behalf by the Council. PART VIII REVOCATION OF STATUTORY INSTRUMENTS 39. The regulations under statutory instruments No. 43 of 1985 and 71 of 1987 are hereby revoked. Revocation of S.I. No. 43 of 1985 and S.I. No. 71 of 1987 FIRST SCHEDULE (Regulation 3)
PART I Form EIZ I (EIZ CREST) INDIVIDUAL MEMBERSHIP APPLICATION FORM FOR ELECTION/TRANSFER For official use onlyThe Engineering Institution of Zambia, P/O. Box 34730, Lusaka Name Date received Class applied Class approved Date elected Registration No. Section A: Particulars of Applicant: (1) Full Name (2) Address (3) Date of Birth (4) Present class of membership and date elected (5) Name of employer or educational institution (6) Address of (5) (7) Office or course of study (8) Date of commencement of study (9) Proposed end of study (10) Name of secondary school from ............................................ to Address (11) Technical Education
from ............................................ to (12) Degrees, diplomas or other qualifications: Title of AwardField of SpecialisationInstitutionDate of Award (13) Training and experience from ............................................ to (14) Statutory employer or training institution (for students/associates only)
PART II Form EIZ 2 (EIZ CREST) CORPORATE MEMBERSHIP APPLICATION FORM (Regulation 3) The Engineering Institution of Zambia, P/O. Box 34730, LusakaFor official use onlyName Date received Class applied Class approved (1) We (name of company) of (address of company) hereby apply for enrolment in the Engineering Institution of Zambia as a corporate member. (2) Industrial activities of the company connected with engineering (3) (a) List the engineering disciplines appropriate to the activities of the company (b) List not less than two senior members of staff in the category of Member or Fellow responsible for controlling the activities listed above (4) We remit herewith K in total payment for our dues for the year April .................... to March (5) We appoint as corporate Representative: Name Title (6) We hereby declare that we will abide by the fundamental principles and canons enunciated in the Code of Ethics.
(7) This form is completed by Designation Date
PART III ENGINEERING INSTITUTION OF ZAMBIA For Official Use ENGINEERING REGISTRATION BOARD Accepted/Rejected Date Field Registration No. Application Form for Registration as an Engineer (ENG, R. Eng) (Regulation 23) PART A-PARTICULARS OF APPLICANT 1. Full name: 2. Passport/NRC No., place and date of issue 3. Nationality 4. Permanent Residential Address: in Zambia in country of origin 5. Present Postal Address 6. Employer of Business Name Address Office Location Business Activity 7. EIZ Membership Class MEIZ/FEIZ Membership No. 8. Field of competence applied for (see note 2) 9. Have you ever been involved in a disciplinary case? (YES/NO) If yes please explain
PART B-ACADEMIC AND PROFESSIONAL QUALIFICATIONS1. ACADEMIC QUALIFICATIONS Field of SpecialisationInstitution and Address Date of Award 2. PROFESSIONAL QUALIFICATIONS AND MEMBERSHIPInstitution and AddressAward or Class and Address Date of Award PART C-WORK EXPERIENCE Please give the relevant dates and the designations of all posts you have held, the names of your employers, the places of employment and a brief description of your personal duties and responsibilities in chronological order. The Committee needs to know the kind of work in which you have been and are involved especially your personal contribution and the manner in which you have applied your engineering education, training and experience. From To mt/yr mt/yr PART D-DECLARATION I, hereby certify and declare that the particulars given on this form are true to the best of my knowledge and belief and I further declare that I shall abide by the rules and regulations of the Engineering Institution of Zambia (EIZ) and the Engineering Registration Board and code of ethics. Signature of Applicant Date NOTES:
1. Copies of Certificates should be attached. 2. Fields of Competence. Field Code Civil Engineering CE Electrical/Electronic Engineering EE Geology/Hydrogeology GG Land Surveying LS Mechanical Engineering ME Metallurgy MT Mining MG Any other as adopted by the Board.
PART IV THE ENGINEER'S REGISTRATION Insert GraphicBoard of Zambia Insert Graphic Certificate to Practice as an Engineer in Zambia (Regulations 25, 26) Surname ..................................... First Name(s) Maiden Name EIZ Membership Number Registration Number Area(s) of Competence Given on the ...................... day of ........................... in the year Date of Expiry ................................................................................ ..... ................................................................................ ..... Chairman Member, Engineer's Engineer's Registration Board Registration Board Date ............................................................................. Date ...........................................................................
SEAL OF THE INSTITUTION SECOND SCHEDULE (Registration 9(1)) CODE OF ETHICS PART I RESPONSIBILITY OF MEMBER 1. Every member of the Institution shall undertake and subscribe in a prescribed manner to abide by the fundamental principles and canons enunciated herein. 2. Whenever any member has knowledge or reason to believe that any other person or firm has violated any of the Institution's fundamental principles or canons, he shall furnish in writing to the Institution information concerning such violation, and shall co-operate fully with all concerned in furnishing such further information or giving such further assistance as may be required. 3. Whenever any member of the public makes a complaint against a member of the Institution, the Institution shall take all reasonable steps to bring such complaint to the notice of the member against whom the complaint is made. 4. A non-member of the Institution shall be afforded free and unimpeded access to the Institution for making complaints against members of the Institution, but under no circumstances shall a member of the Institution lodge with the Institution a complaint against another member on behalf of a non-member. 5. No member of the Institution shall prevent or attempt to prevent the lodging of a complaint with the Institution against another member in violation of the Institution's fundamental principles and canons. 6. All complaints lodged against members of the Institution, and all investigations carried out into such complaints by the Institution shall be treated as confidential, and shall not be open for public inspection except for the member concerned and the complainant. PART II FUNDAMENTAL PRINCIPLES 7. Every member shall uphold and foster the integrity, honour and dignity of the engineering profession by- (a) using his knowledge and skill for the enhancement of human welfare; (b) being honest and impartial, and serving with fidelity the public, his
employers and clients; (c) striving to increase the competence and prestige of the engineering profession; and (d) supporting the professional and technical societies of his discipline. PART III FUNDAMENTAL CANONS 8. Every member shall- (a) hold paramount the safety, health and welfare of the public in the performance of his professional duties; (b) perform services only in the areas of his professional competence; (c) issue public statements only in an objective and truthful manner; (d) act in professional matters for each employer or client as a faithful agent or trustee, and shall avoid conflicts of interest; (e) build his professional reputation on the merits of his services and shall not compete unfairly with other engineers; (f) associate professionally only with reputable persons or organisations; (g) continue his professional developments throughout his career and shall provide opportunities for the professional development of those engineers placed under his supervision. PART V GUIDELINES OF FUNDAMENTAL ETHICS AND CANONS 9. A members shall- (a) recognise that the lives, safety, health and welfare of the general public are dependent upon engineering judgements, decisions and practices incorporated into structure, machines, products, processes and devices; (b) not approve the seal plans and/or specifications that are not of a design safe to public health and welfare, or in conformity with accepted engineering standards; (c) not affix his signature and/or seal to any engineering plan or document dealing with any subject matter in which he lacks competence by virtue of his education or experience, or to any such plan or document not prepared under his direct supervision or control; (d) do whatever is possible to provide published standards, test codes and quality control procedures that will enable the public to understand the degree of safety or life expectancy associated with the use of the design, products or systems for which he is responsible; (e) conduct reviews of the safety and reliability of the design, products or
systems for which he is responsible before giving his approval to the plans for the design; (f) inform the Institution of any conditions which he believes are likely to endanger public safety, health or welfare; (g) seek opportunities to be of constructive service in civic affairs and work for the advancement of the safety, health and well being of the community in which he lives; (h) be committed to improving the environment so as to enhance the quality of life. 10. A member- (a) shall undertake to perform engineering assignments only in the specific areas of his qualifications and experience, or in the specific technical field in which he is involved. (b) may accept an assignment requiring education or experience outside his field of competence, but only to the extent that his services are restricted to those phases of the project in which he is qualified and all other phases of such projects shall be performed by qualified associates, consultants employees; (c) whose professional judgement is over-ruled under circumstances where the safety, health or welfare of the public is likely to be endangered, shall inform his clients or employers of the possible consequences and shall notify the Institution of the situation, as may be appropriate. 11. A member shall- (a) endeavour to extend public knowledge, and to prevent misunderstanding of the achievements of engineering; (b) be completely objective and truthful in all professional reports, statements or testimony, and shall include all relevant and pertinent information in such reports, statements, or testimony; (c) when serving as expert or technical witness before any court, commission or other tribunal express an engineering opinion only when such opinion is founded upon- (i) adequate knowledge of the facts in issue; (ii) a background of technical competence in the subject-matter; and (iii) an honest conviction of the accuracy and propriety of his testimony; (d) not issue any statements, criticisms or arguments on engineering matters which are inspired or paid for by any interested party without prefacing such statements, criticisms or arguments with an explicit declaration in that behalf, or by disclosing the identity of the party on whose behalf such statements, criticisms or arguments are issued, or by revealing the existence of any pecuniary interest he may have in the matters;
(e) conduct himself in a dignified and modest manner in explaining his work and merit and avoid any act tending to promote his own interests at the expense of the integrity, honour or dignity of the profession. 12. A member shall- (a) in professional matters, act for each employer or client as a faithful agent or trustee, and shall avoid conflicts of interest; (b) avoid all known conflicts of interest with his employers or clients and shall promptly inform his employers or clients of any business association, interests, or circumstances which could influence his judgement or the quality of his services; (c) not undertake any assignments which would create a potential conflict of interest between himself and his employers or clients; (d) not accept financial or other valuable consideration from more than one party for services rendered on the same subject, for services pertaining to the same project, unless the circumstances relating thereto are fully disclosed and agreed to by all interested parties; (e) not solicit or accept financial or other valuable consideration, including free engineering designs, from material or equipment supplies for recommending or specifying their products; (f) not solicit or accept gratuities directly or indirectly from contractors, their agents or other parties dealing with his employers or clients in connection with work for which he is responsible; (g) not, when in public service as member, advisor, or employee of a governmental body or department, participate in considerations or actions with respect to services provided by him or his organisation in private or product engineering practice; (h) not solicit or accept any engineering contract from a government body on which a principal, officer or employee of his organisation serves as a member; (i) so advise his employers or clients if, as a result of his studies, he has reason to believe that a project will not be successful; (j) treat information coming to him in the course of his assignments as confidential, and shall not use such information as a means of making personal profit if such action will adversely affect the interests of his employers or clients, or the general public; and in particular, no member shall- (i) disclose confidential information concerning the business affairs or technical processes of any present or former employer or bidder under evaluation, without his consent; (ii) reveal confidential information or findings of any commission or board of which he is or was a member; (iii) copy for other uses, without the express permission of his clients, any designs supplied to him by such clients for their own exclusive use;
(iv) embark, while in the employ of a particular client, upon promotional efforts or negotiations for work, or make arrangements for other employment as principal, or practice in connection with specific projects, for which he has gained particular and specialised knowledge, without the consent of all interested parties; (k) act with fairness and justice to all parties when administering a construction or other contract; (l) before undertaking work for others in which he is likely to make improvement, plans, designs, inventions, or other records which may justify copyrights or patents, enter into a positive agreement regarding ownership thereof. 13. A member shall- (a) admit and accept his errors when proved wrong, and refrain from distorting or altering the facts to justify his wrongful decisions; (b) not accept professional employment outside his regular work or interest without the consent of his employers; (c) not attempt to attract an employee from another employer by false or misleading representations; (d) not review the work of other engineers, except with the consent of such engineers, or unless the assignments or contractual agreements for the work in question have been terminated: Provided that- (i) a member in governmental, industrial or educational employment may review and evaluate the work of other engineers when so required by his duties; (ii) a member in sales or industrial employment may make engineering comparisons of his products with products of other suppliers; (iii) a member in sales employment shall not offer or give engineering consultation or designs or advise, other than that specifically applying to equipment, materials or systems being sold or offered for sale by him. 14. A member shall- (a) not pay or offer to pay, either directly or indirectly, any commision, political contribution, gift or other consideration as an inducement to secure work, except the securement of salaries positions through an employment agency; (b) negotiate contracts for professional services fairly and only on the basis of demonstrated competence and qualifications for the type of professional services required; (c) negotiate a method and rate of compensation commensurate with the agreed scope of service, (meeting of the minds of the parties to the contract is essential to mutual confidence. The public interest requires that the cost of engineering services shall be fair and reasonable but not the controlling consideration in the selection of individual or firms to provide such services
and this shall apply to the procurement of the services of other professionals by members); (d) not attempt to supplant other engineers in a particular employment after becoming aware that definite steps have been taken towards the employment of those other engineers, or after they have been duly employed; (e) not solicit employment from clients who already have other engineers under contract for the same work; (f) not accept employment from clients who have already engaged other engineers for the same work not yet paid for, unless the performance or payment requirements in the contract are being litigated or the contracted engineer's services have been terminated in writing by either party to the contract; in case of the cessation of litigation, the member, as prospective engineer shall, before accepting the assignment, advise the engineers involved in such litigation; (g) not request, propose or accept professional commissions on a contingent basis in circumstances under which his professional judgements may be compromised, or when a contingency provision is used as a device for promoting or securing a professional commision; (h) not falsify or permit misrepresentation of his or his associates' academic qualifications; nor shall he misrepresent or exaggerate his degree of responsibility in, or for the subject matter of, prior assignments, (brochures or other presentations incidental to the solicitation or employment shall not misrepresent pertinent facts concerning employers, employees, associates, joint ventures, or his past accomplishments with the intent and purpose of enhancing his qualifications or work). 15. A member may advertise professional services only as a means of identification and such advertisements shall be limited to the following- (a) professional cards and listings in recognised and dignified publications, provided they are considered in size and are in a section of the publication regularly devoted to such professional cards and listings; the information displayed must be restricted to firm name, address, telephone number, appropriate symbol or logo, names of principal participants and the fields or practice in which the firm is qualified; (b) signs on equipment, office and at the site of projects for which he renders services, and limited to firm name, address, telephone number and types of services, as appropriate; (c) brochures, business cards, letter heads and other factorial representations of experience, facilities, personnel and capacity to render services provided they are not misleading relative to the extent of participation in the projects cited, and are indiscriminately distributed; (d) listings in the classified section of telephone directories limited to name, address, telephone number and specialities in which the firm is qualified, without resorting to special or bold type. 16. A member may- (a) use display advertising in recognised and dignified business and
professional publications, provided it is factual, and relates only to engineering; it is free from, ostentation, and contains no laudatory expressions or implications; and it is not misleading with respect to the members extent to participation in the services or projects described; (b) prepare for the lay or technical press articles which are factual, dignified and free from ostentation or laudatory expressions or implications, without implying anything other than direct participation in the work described, unless credit is given to others for their share of the work; (c) give permission for his name to be used in commercial advertisements, such as may be published by manufactures, contractors, material suppliers etc, only by means of a modest and dignified notation, acknowledging the extent of his participation in the project or product described: Provided that such permission shall not include public endorsement or proprietary products; (d) advertise for recruitment of personnel in appropriate publications or by special distribution, provided that the information presented is displayed in a dignified manner, restricted to firm name, address, telephone number, appropriate symbol, names of principal participation, the fields of practice in which the firm is qualified and factual descriptions of positions available, qualifications required and benefits available. 17. A member shall- (a) not enter into competitions for designs for the purpose of obtaining commissions for specific projects, unless provision is made for reasonable compensation to be paid for all designs submitted; (b) not maliciously or falsely, directly or indirectly, injure the professional reputation, prospects, practice or employment of another engineer, nor shall he indiscriminately criticise the work of another engineer; (c) not undertake or agree to perform any engineering service free of charge, except for professional services which are advisory in nature for civic, charitable, religious or nonprofit making organisations; and when serving a member of such organisations, a member shall be entitled to utilise his personal engineering knowledge in the service of those organisations; (d) not use equipment, supplies, laboratory or office facilities of his employers to carry on outside practice without his employers' consent; (e) not, in the case of taxfree or taxaided facilities, use student services, at less than the normal rates applicable to other employees of comparable competence, including fringe benefits; (f) not knowingly associate with or permit the use of his name or firm names in business ventures by any person or firm which he knows, or has reason to believe, are engaged in business or professional practices of a fraudulent or dishonest nature; (g) not use his association with nonengineers, corporations or partnerships as cloaks' for unethical acts. 18. (1) A member shall continue his professional development throughout
his career, and shall provide opportunities for the professional development of other engineers placed under his supervision. (2) In particular. a member shall- (a) encourage his engineering employees to further their education; (b) encourage his engineering employees to become registered as members of the Institution at the earliest possible date; (c) encourage his engineering employees to attend and present papers, at professional and technical society meetings; (d) support the professional and technical societies of his discipline; (e) give proper credit for engineering work to those to whom such credit is due, and recognise the proprietary interests of others and whenever possible, he shall name the person or persons responsible for any designs, inventions, writings or other accomplishments; (f) endeavour to extend the public knowledge of engineering and not participate in the dissemination of untrue, unfair or exaggerated statements regarding engineering; (g) uphold the principle of appropriate and adequate compensation for those engaged in engineering; (h) assign to professional engineers duties of a nature which will, so far as is possible, utilise their full training and experience, and delegate lesser functions to subprofessionals or to technicians; (l) provide prospective engineering employees with complete information concerning other working conditions and their proposed status of employment, and keep them duly informed of any changes, in such status after their employment. 19. A practising engineer shall be required to take up appropriate insurance (professional indemnity) in order to protect the client in the event of performance failure. THIRD SCHEDULE (Regulation 9 (2)) SCALE OF FEES FOR PROFESSIONAL SERVICE: FOR DESIGN AND SUPERVISION CONSIDERATION OF WORKS A. PAYMENT FOR NORMAL SERVICES For definition of "Normal Services" refer to appropriate Clauses in the Approved Conditions of Engagement as approved from time to time by the Minister. Cost of Works KFees for design only %Fees for Supervision only
%Fees for design and Supervision %On the first 3,000,000.00 On the next 3,000,000.00 On the next 4,000,000.00 On the next 6,000,000.00 On the remainder9.00 7.50 6.50 5.50 5.004.00 3.75 3.50 3.00 2.7511.00 9.00 8.00 7.00 6.50 NOTES: 1. When functions are combined, the percentage fee payable is shown in the fourth column. 2. Reimbursable-travel and accommodation, plan printing, telephone, telexes, etc., may be charged extra at cost. 3. Additional fees of three and a half per cent of the cost of reinforced concrete portion of the works shall be payable for the preparations of reinforced concrete fixing details and bar bending schedules on the reinforced concrete portion of the works including reinforcement, prestressing tendors and anchorages, formwork, inserts and all labours, together with relevant proportion of "Preliminary and General Items". 4. Design charge shall be payable even when client abandon project except where consultant is replaced in which case expenses shall be agreed or settled with the help of outside parties. 5. All sums due in accordance with these Regulations shall be paid within fourteen days of the submission of accounts thereof, and any sums remaining
unpaid at the expiry of such period of fourteen days shall bear interest, thereafter such interest shall accrue from day to day at the rate of 2 per cent per annum above the current bank overdraft rate. 6. The above Scale of Fees is to be reviewed annually. B. PAYMENT FOR SPECIAL SERVICES Additional service, special equipment site supervision, alterations or modification to design when works are damaged or destroyed, termination or suspension by client or termination by consulting engineer shall be in accordance with the conditions of engagement as approved from time to time by the Minister after consultation with the institution.
REPUBLIC OF ZAMBIA THE ELECTRICITY ACT CHAPTER 433 OF THE LAWS OF ZAMBIA CHAPTER 433 THE ELECTRICITY ACTCHAPTER 433 THE ELECTRICITY ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation PART II ELECTRICITY GENERATION, TRANSMISSION, DISTRIBUTION AND SUPPLY 3. With certain exceptions, undertaking to comply with law 4. Establishment of undertakings 5. Increase or decrease of rated generating capacity 6. Duties of operator of undertaking as to supply 7. Charges for supply 8. Variations and alterations of charges 9. Contract of supply must be carried out 10. Failure to carry out contract of supply 11. Revocation of licences 12. Maintenance of undertakings 13. Supply within area of local authority PART III ACQUISITION OF LAND AND RIGHTS OVER LAND 14. Acquisition of land for electricity purposes
15. Wayleaves over Land 16. Rights of entry 17. Trees and buildings interfering with transmission lines 18. Obstruction of lines by buildings, etc. 19. Breaking up of streets 20. Compensation for damage in the exercise of powers PART IV OFFENCES AND PENALTIES Section 21. Interference with supplies and apparatus 22. False information 23. Contraventions of Act 24. Penalties PART V GENERAL 25. Entry and inspection 26. Operator's powers of entry and inspection 27. Information and records 28. Notice of accidents 29. Serving of notice 30. Regulations 31. Repeal of Cap. 811 CHAPTER 433 ELECTRICITYAct No. 15 of 1995 An Act to regulate the generation, transmission, distribution and supply of electricity; and to provide for matters connected with or incidental to the foregoing. [28th April, 1995] PART I
PRELIMINARY 1. This Act may be cited as the Electricity Act.Short title 2. In this Act, unless the context otherwise requires-Interpretation "Board" means the Energy Regulation Board established by the Energy Regulation Act;Cap. 436 "contract of supply" means a contract between the operator of an undertaking and any other person for the supply of electricity to that person; "consumer" means a person to whom electricity is supplied under a contract of supply; "generating station" means any station for generating electricity including any building, plant and machinery used for the purpose and all accessories necessarily incidental thereto, together with the site thereof, and any site intended to be used for such a station; "land" includes any land under whatever tenure held and any easement, servitude, right or privilege in or over land or water; "local authority" means a council established under the Local Government Act;Cap. 281 "owner"- (a) in relation to State Land, means the President, Minister or other authority who is authorised to deal with matters relating to State Land; (b) in relation to land other than State Land, includes- (i) the person known to be representative in Zambia of the owner of the land; (ii) the liquidator or receiver of a company that owns land; and (iii) the representative recognised by law of any owner who has died or become bankrupt, is an assignee of an estate, or is a minor or of unsound mind or otherwise under a disability; "rated generating capacity", in relation to installed generating plant, means the designed maximum continuous output of the plant; "State Land" has the meaning assigned to it in the Lands Act;Cap. 184 "street" means any road or highway or any part of a road or highway, whether or not it has been at any time declared or rendered such by some competent authority, and includes bridges over which a street passes and any drift in the line of a street and all approaches, cuttings, embankments, subways, culverts, sluits, drains, dams, kerbs, fences, parapets, guards, grid-iron tracks, and other work or thing forming part of, or connected with, or belonging to, such street, and includes any sanitary lane or private street; "transmission line" means any cable or overhead line for the transmission or reticulation of electricity from one undertaking to another or from an
undertaking to a consumer, together with any transformers, switchgear and other works necessary to, and used in connection with, such cable or overhead line, and the buildings such part thereof as may be required to accommodate such transformers, switchgear and other works; "undertaking" means any undertaking for the generation, transmission, distribution or supply of electricity, and includes such an undertaking that generates, transmits, distributes or supplies electricity solely or mainly in the interests of a group of associated companies for the purpose of the businesses of those companies, whether or not any excess electricity is supplied to any other consumer who is not part of the group. PART II ELECTRICITY GENERATION, TRANSMISSION, DISTRIBUTION AND SUPPLY 3. (1) Subject to subsection (2) and the Energy Regulation Act, no person shall establish or carry on any undertaking unless in accordance with this Act and the Energy Regulation Act.With certain exceptions, Undertaking to comply with law Cap. 436 (2) Subsection (1) shall not apply to an undertaking the plant of which is rated at the site where it is installed at a capacity of less than one hundred kilowatts and which is a company of less than one hundred kilowatts and which is used solely for the generation, transmission, distribution or supply of electricity for an operator's own use. 4. (1) Any person who wishes to erect and establish any generating station works-Establishment of undertakings (a) the plant of which will be rated at the site where it is to be installed at a capacity of hundred or more kilowatts, for generating, transmitting, transforming, converting or distributing electricity; or (b) the plant of which is rated at the site where it is installed at a capacity of less than one hundred kilowatts and which is used for the generation, transmission, distribution or supply of electricity for the use of any other person, whether or not it is for an operator's own use; shall do so in accordance with regulations made under this Act, and shall comply with any requirement of the Minister or the Board for the purpose of facilitating co-ordination with existing or future undertakings. (2) The Minister may, by statutory instrument, declare any transmission line to be a common carrier for the purposes of this Act. (3) A transmission line that is declared, under subsection (2), to be a common carrier may, subject to any regulations made under this Act and any requirements made by the Minister or the Board under subsection (1), be used for the purposes of an undertaking on such terms and conditions as may be agreed between the operator of the undertaking and the owner or person in control of the line concerned or, in default of such agreement, as may be determined by the Board with the consent of the Minister. 5. (1) If any undertaking wishes to increase or decrease its rated generating capacity, or its contractual rights to purchase power from outside Zambia, it
shall apply to the Minister for approval and shall submit to the Minister a full report on its proposals.Increase or decrease of rated generating capacity (2) The Minister shall, in considering any application under this section, have regard to the terms of any relevant international agreement. (3) The Minister may, after considering a report submitted under this section, approve or refuse the application; and the decision by the Minister shall be final, subject only to a right of appeal to the High Court on a point of law. 6. (1) Subject to the terms and conditions of a licence issued in accordance with the Energy Regulation Act, every operator of an undertaking shall supply electricity to every consumer who is in a position to make satisfactory arrangements for payment under a contract of supply with that operator.Duties of operator of undertaking as to supply Cap. 436 (2) Where an operator of an undertaking unduly delays or refuses to supply any applicant with electricity, the consumer may appeal to the Board, which shall determine the conditions under which the operator shall undertake such supply. (3) A person who is supplied with electricity from an operator of an undertaking shall not be entitled to a standby supply of electricity from the operator in respect of any premises unless that person has agreed to pay, and has given security to pay, such minimum annual sum as will give to the operator a reasonable return on any capital expenditure and any other standing charges which may be incurred in meeting the maximum demand for the premises. 7. Subject to section eight, the charges made by an operator of an undertaking that supplies electricity to the public shall be determined in accordance with the licence governing the undertaking.Charges for supply 8. (1) Subject to other provisions of this section, an operator of an undertaking that supplies electricity to the public may, with due regard to any or all of the following circumstances:Variations and alterations of charges (a) the amount of electricity consumed; (b) the uniformity or regularity of demand; (c) the time when or during which the electricity is required; (d) the expenditure of the operator of the undertaking in furnishing supply; (e) any other circumstances approved by the Board; vary prices in respect of the supply of electricity to a particular consumer either above or below the charges specified in the licence governing the undertaking and may, from time to time, alter the charges so varied. (2) If an operator considers it expedient to vary or alter charges in respect of any supply of electricity, the operator shall give notice to the consumer of the proposal to vary or alter those charges, as the case may be. (3) If the consumer does not make any application under subsection (4) within thirty days of the date of notice referred to in subsection (2), the variation or alteration, as the case may be, shall, unless the operator of the undertaking
and the consumer otherwise agree, come into effect thirty days after the date of that notice or from such later date as the operator may in that notice fix. (4) The Board shall, on an application by a consumer, review a proposal referred to in subsection (2), taking into consideration any submissions made by the consumer. (5) Any application made under subsection (4), together with any objection of the operator to that application, shall be submitted to the Board. (6) Any consumer who makes an application under subsection (4), or the operator of any undertaking who objects to such an application, may, either by themselves or by their legal practitioner, appear before the Board and lead evidence in support of the application or objection, as the case may be. (7) After considering the application referred to in subsection (4) and any objection thereto, the Board may- (a) confirm the proposed variation or alteration, as the case may be, to which the application relates; (b) order that the proposed variation or alteration, as the case may be, to which the application relates shall not be made; or (c) order the operator of the undertaking to make such other variation or alteration, as the case may be, as the Board considers fit. 9. Except for causes beyond the control of the operator of an undertaking, and subject to any regulations made under this Act, no operator shall lessen or discontinue the supply of electricity stipulated in any contract of supply unless- (a) the consumer has failed to pay charges lawfully due in terms of the conditions of supply or the agreement, as the case may be; or (b) the consumer has failed to comply with conditions of supply or the regulations and failed to remedy the default within seven days of receiving, by registered post from the operator of the undertaking, a notice calling upon the consumer to do so.Contract of supply must be carried out 10. (1) If any operator of an undertaking wilfully or without reasonable cause lessens or discontinues the supply of electricity stipulated in any contract of supply, or if a person operates an undertaking in such a manner as is, in the opinion of the Board, detrimental to the public interest, the Board may, after affording the operator an opportunity to be heard on the matter, suspend the licence and authorise any person appointed by the Board to enter upon the undertaking and forthwith to take all such action as that person may consider necessary for the maintenance and continuation of the supply of electricity from the undertaking.Failure to carry out contract of supply (2) The person appointed under subsection (1) shall operate the undertaking for, and on account of, and at the risk and expense of, the operator thereof, and shall, after deducting such amount, in payment of the reasonable costs and expenses of operating the undertaking, as the Board may approve, render the balance of the net revenue derived from the undertaking to such operator. (3) Any entry made under this section shall not prejudice or affect the
security of any debenture holder or mortgage or the right of enforcing such security. (4) Where the Board takes action under subsection (1), the Board shall not remove the suspension of the licence until the Board is satisfied that the causes for which the licence was suspended have been removed. (5) Notwithstanding the foregoing provisions of this section, if the estate of the operator of an undertaking has been the subject of a receiving order made under any law relating to bankruptcy, the undertaking shall not, save with the consent of the receiver or trustee, as the case may be, be operated for a period longer than ninety days and the taking over of control of the undertaking under the provisions of the section shall not deprive such receiver or trustee of the right to dispose of the undertaking for the benefit of the creditors. 11. (1) Where the operator of an undertaking fails to remove the causes for which the licence authorising the undertaking was suspended within ninety days of the suspension, the operator shall be deemed to be in default for the purposes of section fifteen of the Energy Regulation Act, and the Board may, after affording the operator an opportunity to be heard on the matter either directly or through a legal practitioner, revoke the licence in accordance with the provisions of this Act.Revocation of licences Cap. 436 (2) In the event of a licence being revoked under this section, the Board may authorise any person appointed by the Board to enter upon the undertaking of the person concerned and operate it in accordance with the provisions of this Act, but no such entry shall prejudice or affect the security of any debenture holder or mortgage or the right of enforcing such security. 12. Any person who operates an undertaking the plant of which is rated at the site where it is installed at a capacity of one hundred or more kilowatts shall submit to the Minister and the Board details of the plant and installation of the undertaking in such manner and form as may be prescribed, and any such undertaking shall be maintained in accordance with regulations made under this Act, and shall comply with any requirement of the Minister or the Board for the purpose of facilitating co-ordination with existing or future undertakings.Maintenance of undertakings 13. (1) A licence under the Energy Regulation Act authorising any person to supply electricity within the area under the jurisdiction of a local authority shall not be issued without the consent of that local authority.Supply within area of local authority Cap. 436 (2) Any person who considers that the consent of the local authority has been unreasonably withheld may appeal to the Board who shall, after hearing the parties, make such decision as it may consider fair and reasonable. PART III ACQUISITION OF LAND AND RIGHTS OVER LAND 14. (1) The President may, by order, authorise the acquisition by compulsion of so much land, including State Land, as the President may consider necessary for any purpose associated with the generation, transmission, distribution or supply of electricity by an operator of any undertaking and any acquisition in
terms of this section shall be completed in accordance with such directions as the President may give in that or any other order.Acquisition of land for electricity purposes (2) Before making an order under subsection (1), the President shall be satisfied that- (a) the operator concerned has taken all reasonable steps to acquire the land intended to be used on reasonable terms by agreement with the owner of the land and has been unable to do so; and (b) the acquisition of such land is necessary for the purposes of the undertaking carried on by the operator concerned. (3) The President may, under such conditions as the President may consider necessary, including conditions requiring the reimbursement of compensation paid under subsection (4), permit the use by the operator of any undertaking of any land which the President has acquired under subsection (1): Provided that- (a) the land shall not be used by that operator for any purpose other than the purpose for which it was acquired under subsection (1); and (b) the land or such part of it as the President may determine shall revert to the use and absolute control of the President if it or any part of it is used for any purpose for which it was acquired under subsection (1). (4) Adequate compensation shall, from moneys appropriated for the purpose by Parliament, be paid to any person who suffers loss or damage through the exercise of the powers conferred by this section in accordance with the provisions of the Lands Acquisition Act.Cap. 189 (5) An application for an order under this section shall be made in the manner prescribed, and a copy of each application shall be served on the owner of the land and on any person lawfully occupying it if such owner or person is, at the time of the application, resident within Zambia. (6) If the owner of, or any person lawfully occupying, any land to be acquired under this section is temporarily absent from Zambia at the time when an order is made, any person authorised by the President so to act may enter upon, take possession of, and use, such land, leaving all questions as to the compensation to be paid for such land to be settled afterwards in accordance with subsection (4). (7) Where any rights over land have been acquired by the operator of an undertaking, whether by agreement or under this Part, then, notwithstanding the fact that those rights may not have been registered against the title to the land to which they relate in accordance with the written law relating to registration of title, those rights shall be binding on the owner of such land and on the successor in title or representative in interest. 15. (1) Notwithstanding section fourteen, the operator of an undertaking may, subject to the provisions of this section, place transmission line, whether above or below ground, into, out of, or across, any land including State Land, other than land covered by buildings.Wayleaves over land
(2) Before placing any line in position in accordance with subsection (1), the operator shall serve on the owner of the land and any person lawfully occupying it or, in the case of a street, on the local or other authority concerned, notice of the intention to erect a line, together with a description of the lines proposed to be placed: Provided that if the owner or such person is not resident or has no representative within Zambia, no such notice need be served. (3) If, within twenty-eight days after the service of a notice under subsection (2), the person to whom such notice has been given objects, or attaches to the consent any terms or conditions to which the operator of the undertaking objects, the operator may refer the matter to the Minister for decision, and the Minister may make such order as may be necessary: Provided that any question as to an amount of compensation shall, with any necessary modifications, be decided in accordance with subsection (4) of section fourteen. (4) Nothing contained in this section shall authorise or empower the operator of an undertaking to lay down or place any transmission line into, through, or against any building, or in any land above which a building is erected, without the consent of the owner and lawful occupier thereof: Provided that any overhead line and any support, stay or strut required for the sole purpose of supporting an overhead line may be placed on or above any land or building with the consent of the Minister if, in the minister' opinion, the consent of the owner or person lawfully occupying the land, as the case may be, is being unreasonably withheld, and the Minister shall fix the amount of compensation or of annual rental, or of both, which shall be paid to such owner or such person by the operator. (5) If the owner of, or person lawfully occupying, any land on or over which any transmission line has been placed, or in the case of a street, the local or other authority concerned, requires the position of such line to be changed, the Minister may, by notice in writing, order the operator to alter the position of such line, subject to such conditions as failing agreement between the parties, may be specified by the Minister. 16. (1) When, in accordance with the provisions of this Part, the operator of an undertaking has been permitted to use any land or has placed a transmission or distribution line in position, the operator shall be entitled to reasonable access to such land or line for the purpose of carrying on the operations authorised by his licence on such land or maintaining, removing, repairing or replacing such line.Rights of entry (2) When the operator of any undertaking has acquired any land or rights over land under the provisions of any law relating to power or light, the provisions of subsection (1) shall apply, with necessary modifications, to access to such land, and any person entitled to exercise them, subject to the conditions applicable to them under the provisions of the law at the time when they were required. 17. (1) Where on any land, including State Land, trees or undergrowth obstruct or interfere with the construction, working or maintenance of any transmission line, the operator concerned may give to the owner or lawful occupier of the
land upon which such trees or undergrowth are situated not less than fourteen days' notice of intention to enter upon the land and cut down or trim the trees or undergrowth in question and, after expiry of such notice, may enter upon land and carry out such intention:Trees and buildings interfering with transmission lines Provided that, after receiving notice in terms of this subsection, the owner or lawful occupier upon whom it was served may, at his own expense and at any time before the expiry of the notice, cut down or trim the trees or undergrowth in question to the extent indicated by the operator. (2) Not withstanding subsection (1), if immediate action is imperative to protect any transmission line from damage by any trees or undergrowth on any land, including State Land, the operator concerned may, without any notice to the owner or lawful occupier, enter upon such land and cause such trees or undergrowth to be cut down or trimmed in such manner as may be necessary to prevent the damage. 18. (1) Except with the permission of the operator of the undertaking who has control of the transmission line in question, no person shall erect any building or structure in such a position or manner as to be likely to interfere with the supply of electricity through any transmission line.Obstruction of lines by buildings, etc. (2) If, after a transmission line has been constructed, any person erects any building or structure in such a position or in such a manner as to be likely to interfere with the supply of electricity through the transmission line in question, the operator of the undertaking who controls such transmission line may request the person concerned to remove or adjust the building or structure as may be necessary, and the person concerned fails to comply with the request, the operator may apply to the Minister for an order for the removal or adjustment of the building or structure and, after due inquiry, the Minister may make such order as may be necessary. 19. (1) Where a person who operates an undertaking has acquired the right to place or replace a transmission line across, under, or along any street or has so placed a transmission line in accordance with this Act or any law relating to power and light, that person may break up any street in respect of which such rights have been acquired and may, from time to time, repair, alter, or remove any such lines.Breaking up of streets (2) Before exercising any power conferred by this section, the operator of an undertaking shall give to the local authority or other authority concerned such notice, in writing, as it may require, not exceeding twenty-eight days, of the operator's intention to do so, except in cases of emergency, when the operator shall give notice thereof to that authority as soon as possible after the emergency has arisen, and shall likewise give notice to the owner of water pipes, telephone cables, or other installations likely to be affected by the exercise of such power. (3) Except in cases of emergency, the powers conferred by this section shall be exercised under the superintendency of the local or other authority concerned and according to such specifications and such plan showing the route approved by that authority or, if any difference arises respecting the specification, plan or route, then as may be approved by the Minister: Provided that, if the authority concerned fails to exercise the powers of
superintendency herein conferred after such notice has been given, the operator may exercise those powers without such superintendency. (4) Whenever the operator of any undertaking carries out any work authorised under this section, the operator shall comply with the by-laws and regulations of the local or other authority concerned, and shall complete that work with reasonable despatch, and shall reinstate and make good the street opened or broken up and remove the rubbish occasioned thereby, and shall, while the street is opened or broken up or obstructed, cause the works to be all times fenced and guarded and to be lit during the night. (5) If the operator of an undertaking fails to carry out any duty imposed by subsection (4), the local or other authority concerned may cause any work delayed or omitted to be executed at the expense of the operator. (6) The operator of an undertaking shall pay to the local or other authority concerned costs reasonably and necessarily incurred by it in exercising any necessary superintendency under this section, or in reinstating and making good any street opened or broken up by the operator. 20. In the exercise of powers in relation to the execution of works given under this Act, an operator of an undertaking shall cause as little detriment and inconvenience and do as little damage as possible, and shall make full compensation to all local and other authorities and other persons who have sustained damage, for all damage sustained by them by reason or consequence of the exercise of such powers and, in default of agreement between the parties, the amount and application of such compensation shall be determined by Arbitration in accordance with the provisions of the Arbitration Act and for that purpose the parties shall be deemed to be parties to a submission in which the reference is to two arbitrators.Compensation for damage in the exercise of powers Cap. 41 PART IV OFFENCES AND PENALTIES 21. (1) Any person who, without legal right, abstracts or causes to be abstracted, or diverts or causes to be diverted, any electric current, or consumes or uses any such current, knowing the same to have been wrongfully or unlawfully abstracted or diverted, shall be guilty of an offence.Interference with supplies and apparatus (2) Any person who, without legal right, cuts, injures or interferes with any apparatus for generating, transmitting or distributing or supplying electricity, or maliciously extinguishes or damages any lamp or other electric apparatus provided for the convenience of the public, shall be guilty of an offence. 22. Any person who, in giving information, making any application or claim, or giving any notice for the purpose of any provision of this Act, makes any statement that the person knows to be false in a material particular, shall be guilty of an offence.False information 23. Any person who carries on an undertaking in contravention of this Act, or any person who fails to carry out any order or decision of the President, the Minister or the Board under this Act shall be guilty of an offence.Contraventions of Act
24. Any person who is guilty of an offence under this Act shall be liable in respect of each offence to a fine not exceeding one hundred thousand penalty units, or to imprisonment for a period not exceeding five years, or to both.Penalties PART V GENERAL 25. The Minister, the Board or any person authorised in writing by the Minister or the Board may, at all reasonable times, enter the premises of any undertaking for the purpose of ascertaining whether the provisions of this Act or the conditions of any licence are being complied with.Entry and inspection 26. The operator of an undertaking and any person authorised in writing by the operator may at all reasonable times enter any premises to which electricity is or has been supplied by the operator in order to inspect transmission lines, fittings, meters, and apparatus and for the purpose of ascertaining the quantity of electricity consumed or, where a supply is no longer required or such operator is authorised to cut off the supply from such premises, for the purpose of removing any transmission lines, fittings, meters, and apparatus belonging to such operator and any damage caused by such entry, inspection, or removal shall be repaired and made good by the operator.Operator's powers of entry and inspection 27. The Minister or the Board may, for purposes of this Act, require the operator of an undertaking to provide information relating to the activities and operations of the undertaking, including such records, documents and agreements relating to the purchase and sale of electricity as the Minister or the Board may require.Information and records 28. (1) The operator of an undertaking shall send to the Board notice of any accident of such a kind as to have caused, or to have been likely to have caused, loss of life or serious personal injury which has occurred in any part of such operator's works or transmission lines, together with notice of any loss of life or serious personal injury occasioned by any such accident and any such operator who fails to send such notice as soon as possible after the occurrence of the accident has become known to him shall be guilty of an offence.Notice of accidents (2) Nothing contained in subsection (1) shall absolve the operator of an undertaking from the need to comply with the provisions of any other written law relating to the reporting of accidents. 29. Any notice or other document required or authorised to be given under this Act may be given- (a) by delivering it to the person to whom it is directed; (b) by leaving it at the usual or last known place of abode of that person; (c) by sending it in a prepaid registered letter addressed to that person at the person's usual or last known place of abode, place of business or postal address; (d) in the case of a company, by delivering it to the Secretary of the
company at its registered or principal office, or by sending it in a prepaid registered letter addressed to the secretary of the company at that office; or (e) where-Serving of notice (i) the notice is to be given to a person in the person's capacity as the holder of any interest in land; and (ii) it is not practical, after reasonable inquiry, to ascertain the person's name or address; by addressing the notice to the person having that interest in the premises (specifying the premises and the interest concerned) and by delivering it to some person on the premises, or if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises. 30. (1) The Minister may, by statutory instrument, make regulations for the better carrying out of the provisions of this Act.Regulations (2) Without derogating from the generality of subsection (1), regulations may provide for the following matters: (a) the maintenance of security of supply of electricity within Zambia; (b) the standards with which buildings, machinery, transmission lines, and other works of whatever description, which are required to generate or supply electricity must comply; (c) the construction, installation, quality, alteration, operation, control, protection and inspection and testing of works, plant, machinery, apparatus, appliances, and equipment for or incidental to the generation, transmission, distribution, connection, installation and use of electricity, whether on the premises of the operator of an undertaking or a consumer; (d) securing the safety of the public from personal injury or damage to property arising from the generation, supply, or use of electricity; (e) prescribing anything to be prescribed under this Act. (3) Regulations made under this Act may provide that persons offending against the regulations shall be liable to a fine not exceeding one hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both. (4) In exercise of the power conferred by this section, the Minister may provide for different regulations to apply to different undertakings or consumers or to different classes of undertakings or consumers. 31. The Electricity Act is hereby repealed. Repeal of Cap. 811 of the 1971 Edition. SUBSIDIARY LEGISLATION ELECTRICITY
SECTION 38-THE ELECTRICITY (ACQUISITION OF LAND) REGULATIONS Regulations by the Minister Federal Government Notices 119 of 1956 Government Notices 34 of 1964 497 of 1964 1. These Regulations may be cited as the Electricity (Acquisition of Land) Regulations.*These Regulations made under the repealed Act are continued in operation by section fifteen of the Interpretation and General Provisions Act (Cap. 2).* *These Regulations made under the repealed Act are continued in operation by section fifteen of the Interpretation and General Provisions Act (Cap. 2).Title 2. An application for an order of the President for the acquisition of land in accordance with the provisions of section twenty-two of the Act shall be made to the Minister and shall set out- (a) full particulars concerning the land which the authorised undertaker wishes to acquire; (b) the reasons why the acquisition of the land in question is necessary for the purposes of the undertaking carried on by the authorised undertaker concerned; (c) full particulars of the steps taken by the authorised undertaker to acquire the land by agreement with the owner; and (d) any other particulars which the Minister may require. (As amended by G.N. No. 34 of 1964)Application for order for acquisition of land SECTION 38-THE ELECTRICITY (ANNUAL RETURNS) REGULATIONS Regulations by the Minister Federal Government Notices 120 of 1956 336 of 1962 Government Notice 34 of 1964 1. These Regulations may be cited as the Electricity (Annual Returns) Regulations.*These Regulations made under the repealed Act are continued in operation by section fifteen of the Interpretation and General Provisions Act (Cap. 2).* *These Regulations made under the repealed Act are continued in operation by section fifteen of the Interpretation and General Provisions Act (Cap. 2).Title 2. In these Regulations, unless the context otherwise requires-Interpretation "licence" means a licence issued, or deemed to have been issued, in accordance
with the provisions of the Act; "licensee" means a person to whom a licence has been issued, or has been deemed to have been issued, in accordance with the provisions of the Act; "scheduled prices" means a schedule of standard prices contained in a licence. 3. Every local authority and licensee shall, within six months of the close of the financial year of his undertaking, submit to the Electricity Council a copy of the audited balance sheet and accounts of his undertaking made up to the end of that financial year, together with any report of the auditor thereon:Submission of audited accounts to Electricity Council Provided that, if a local authority or a licensee cannot within such period submit a copy of such audited balance sheet on the grounds that his accounts have not by that time been audited, he shall within six months of the end of such financial year submit a copy of his balance sheet and accounts certified by the accountant or treasurer responsible for those accounts and shall thereafter, as soon as they are available, submit copies of such audited accounts to the Electricity Council. (As amended by G.N. No. 34 of 1964) 4. The Electricity Council may at its discretion permit a local authority or licensee to submit the returns required in accordance with the provisions of regulation 3 within a longer period than that laid down in that regulation.Extension of period 5. Every local authority, licensee and every private undertaker who has contracted to supply electricity to any other person shall, within six months of the close of the financial year of his undertaking, submit to the Electricity Council a return setting out the following information with regard to his undertaking in respect of that financial year: (a) the number of units generated; (b) the number of consumers of various classes supplied; (c) the number of units of electricity sold to each class; (d) the prices charged; (e) the following particulars relating to consumers who have been supplied with electricity at prices above or below the scheduled prices in accordance with the provisions of section twelve of the Act:Submission of returns to Electricity Council (i) the names of the consumers; (ii) the amount of electricity supplied; (iii) the prices charged for electricity; (f) such other information as may be required by the Electricity Council. (As amended by F.G.N. No. 336 of 1962 and G.N. No. 34 of 1964)
6. Any person who contravenes or fails to comply with any provision of these Regulations with which it is his duty to comply shall be guilty of an offence and liable to a fine not exceeding one thousand five hundred penalty units. (As amended by Act No. 13 of 1994)Offences and penalties SECTION 38-THE ELECTRICITY AUTHORITY (MEMBERSHIP AND PROCEEDINGS) REGULATIONS Regulations by the MinisterFederal Government Notice 116 of 1956 Government Notice 34 of 1964 Statutory Instrument 157 of 1965 1. These Regulations may be cited as the Electricity Authority (Membership and Proceedings) Regulations.*These Regulations made under the repealed Act are continued in operation by section fifteen of the Interpretation and General Provisions Act (Cap. 2).* *These Regulations made under the repealed Act are continued in operation by section fifteen of the Interpretation and General Provisions Act (Cap. 2).Title 2. In these Regulations, unless the context otherwise requires-Interpretation "authority" means the Electricity Council. (As amended by G.N. No. 34 of 1964) 3. These Regulations shall apply to all members of the authority appointed, or deemed to have been appointed, under the provisions of the Act. (As amended by G.N. No. 34 of 1964 and S.I. No. 157 of 1965)Application 4. (1) Notwithstanding the conditions of his appointment, a member of the authority shall cease to be a member- (a) on conviction under the provisions of the Act; (b) on conviction by any court accompanied by sentence of imprisonment without the option of a fine; (c) on being declared bankrupt; (d) on being absent without the approval of the chairman of the authority from four consecutive meetings of the authority; or (e) when, in the opinion of the Minister, he is prevented by disability of body or mind from properly performing his functions as a member.Tenure of office (2) A member of the authority who wishes to resign his membership shall give written intimation to the Minister of his wish to resign, and his resignation shall become effective only upon its acceptance by the Minister. (As amended by G.N. No. 34 of 1964 and S.I. No. 157 of 1965)
5. If a member of the authority has any direct interest, whether pecuniary or otherwise, in any business connected with the generation supply, purchase or sale of electricity or electrical appliances. he shall, at the time of his appointment as such member, disclose in writing to the Minister the fact and nature of his interest and shall make a similar disclosure from time to time of any acquisition of or any change in such interest and, unless the Minister otherwise directs, shall take no part in any deliberation or decision of the authority which relates to any such business. (As amended by S.I. No. 157 of 1965)Member to declare interest 6. No meeting of the authority shall be open to the press or to the public unless the authority shall otherwise decide in respect of any particular meeting or part thereof.Publicity 7. The authority shall normally meet on occasions decided by its chairman and, whenever the Minister, the chairman or not less than half of the appointed members of the authority require a meeting, the secretary of the authority shall, on being duly instructed, summon a meeting of the authority in such a manner that its members shall in normal circumstances receive notification of the meeting at least fortyeight hours before the time of the meeting. (As amended by S.I. No. 157 of 1965)Holding of meetings 8. (1) At every meeting of the authority, the chairman appointed by the Minister shall, if present at the meeting, be chairman of the meeting. If the chairman appointed by the Minister is absent from the meeting, a member appointed by the Minister to act as chairman or, failing such appointment by the Minister, elected by members present at the meeting, shall act as chairman.Procedure at meetings (2) All acts, matters or things authorised or required to be done by the authority shall be decided by resolution of a meeting at which a quorum is present. (3) Every question for decision by the authority shall be decided by a majority of votes and, subject to the provisions of regulation 5, each member present at a meeting shall record his vote. (4) If at any meeting of the authority the voting is equal on any matter for decision by the authority, the chairman or member acting as such shall have a casting vote in addition to his deliberative vote. (5) Not less than half the members of the authority shall constitute a quorum of any meeting of the authority. (6) The chairman or member acting as such shall declare the result of any decision of the authority and such declaration shall be final. (As amended by S.I. No. 157 of 1965) 9. (1) Minutes shall be kept of the proceedings of every meeting of the authority. The minutes of the proceedings of a meeting of the authority shall be submitted at the next ensuing meeting and, if they are passed as correct. shall be signed by the chairman or the member acting as such. and the signed record of the proceedings of a meeting shall be prima facie evidence in all courts and
circumstances that the proceedings as recorded were the proceedings of the meeting. Within fourteen days of their being signed, the chairman of the authority shall cause two copies of the signed minutes of each meeting to be sent to the Minister.Minutes of meetings (2) Any member of the authority who has recorded a minority vote may have it recorded in the minutes that he dissented from any resolution and also, briefly, his reasons for such dissent. (3) No motion or discussion shall be allowed on the minutes except as to their accuracy. (As amended by S.I. No. 157 of 1965) SECTION 38-THE ELECTRICITY (INQUIRIES INTO ACCIDENTS) REGULATIONS Regulations by the Minister Federal Government Notice 109 of 1957 Government Notices 34 of 1964 497 of 1964 Statutory Instrument 157 of 1965 Act 13 of 1994 1. These Regulations may be cited as the Electricity (Inquiries into Accidents) Regulations.*These Regulations made under the repealed Act are continued in operation by section fifteen of the Interpretation and General Provisions Act (Cap. 2).* *These Regulations made under the repealed Act are continued in operation by section fifteen of the Interpretation and General Provisions Act (Cap. 2).Title 2. In these Regulations, unless the context otherwise requires-Interpretation "assessor" means an assessor appointed in terms of regulation 3 (3); "board" means a board of inquiry appointed in terms of regulation 3 (1). 3. (1) Whenever, in accordance with the provisions of section thirtyfive of the Act, the Minister has ordered an inquiry to be held into the circumstances of an accident of which notice has been sent to him in terms of section thirtysix of the Act, he may appoint a board of inquiry which he may direct to answer such specific or general questions in relation to the accident as he may think proper in the public interest.Appointment of boards of inquiry (2) A board shall consist of such members as the Minister may appoint and, if it consists of more than one member, the Minister shall nominate one of the members as the chairman of the board. (3) To assist a board, the Minister may appoint one or more assessors possessing special skill or knowledge relating to the questions to be investigated by the board. (4) If any member of a board is, or becomes, unable or unwilling to act, or
dies, the Minister may appoint another member in his place and, if such firstmentioned member was chairman, may nominate another member of the board as chairman. 4. A board shall sit at such times and at such places as it may fix and shall hold its inquiry in public except in so far as it is of the opinion that it is necessary, for any of the reasons set out in Article 18 (II) of the Constitution, that any part of the evidence given before it and any argument relating thereto should be heard in camera. (As amended by S.I. No. 157 of 1965)Sittings and procedure Cap. 1 5. If the members of a board are in a any case equally divided on any question that arises during the proceedings of the board, the chairman of the board shall have a second or casting vote.Chairman to have casting vote 6. A board shall have power to inspect, or authorise any person to inspect, any electrical installations concerned in an accident which is the subject of its inquiry and to enter and inspect any premises of any undertaking, including any generating station or transmission line, where the entry and inspection thereof appears to the board to be necessary for the purpose of its inquiry.Rights of entry and inspection 7. If any person at any sitting of the board wilfully insults any member of the board or any assessor or wilfully interrupts the proceedings of the board or otherwise wilfully disturbs the peace or order of such proceedings, he shall be guilty of an offence and liable to a fine not exceeding one thousand five hundred penalty units or, in default of payment, to imprisonment for a period not exceeding six months. (As amended by Act No. 13 of 1994)Offences and penalties 8. Any person who is in any way implicated or concerned in the matter under inquiry by a board shall be entitled to be represented by a legal practitioner at the whole of the inquiry, and any other person who may consider it desirable that he should be so represented may, by leave of the board, be represented in the manner aforesaid.Legal representation 9. (1) The Minister may direct what remuneration, if any, shall be paid to the members of a board and any assessor and may direct the payment of any other expenses attendant upon the carrying out of the board's functions.Remuneration of members (2) Any sums payable in terms of this regulation shall be paid out of moneys appropriated for the purpose by Parliament. (As amended by G.N. No. 34 of 1964) SECTION 38-THE ELECTRICITY (INQUIRIES INTO DISPUTES PROCEDURE) REGULATIONS Regulations by the Minister Federal Government Notice 141 of 1962 Government Notices 34 of 1964
497 of 1964 Statutory Instrument 157 of 1965 Act 13 of 1994 1. These Regulations may be cited as the Electricity (Inquiries into Disputes Procedure) Regulations.*These Regulations made under the repealed Act are continued in operation by section fifteen of the Interpretation and General Provisions Act (Cap. 2).* *These Regulations made under the repealed Act are continued in operation by section fifteen of the Interpretation and General Provisions Act (Cap. 2).Title 2. In these Regulations, unless the context otherwise requires-Interpretation "board" means a board of inquiry appointed in terms of regulation 5; "dispute" means a difference referred to in regulation 5 (2) of the Supply Regulations or in regulation 5 of the Wiring Regulations; "inspector" means a person appointed in terms of regulation 5 for the purpose of inquiring into and determining a dispute; "Supply Regulations" means the Electricity (Supply) Regulations; "Wiring Regulations" means the Electricity (Wiring) Regulations. 3. Whenever in accordance with the provisions of section thirty five of the Act the Minister directs an inquiry to be held into a dispute, such inquiry shall be conducted in accordance with the provisions of these Regulations.Conduct of inquiry 4. An application for an inquiry shall- (a) be made to the Minister in writing by one of the parties to the dispute; and (b) contain full details of the dispute which has arisen.Application for inquiry 5. (1) If, after considering an application referred to in regulation 4, the Minister is of opinion that the dispute should be inquired into and determined, the Minister shall appoint- (a) a person who is an electrical inspector as defined in the Supply Regulations; or (b) a board;Appointment of inspector of board of inquiry for the purpose of inquiring into and determining such dispute and the inspector or the board shall make such order determining the dispute as such inspector or board shall think fit. (2) Subject to the provisions of sub-regulation (3), an order made by an inspector or a board in terms of sub-regulation (1) shall be final and binding
on the parties to a dispute. (3) Any party to a dispute who is dissatisfied with an order made in terms of sub-regulation (1) may, within twentyeight days from the making of such order, appeal to the Minister against such order and shall state in detail the grounds of his appeal. (4) The Minister shall consider the appeal and all relevant circumstances relating thereto and shall make such order as he shall think fit which shall be final and binding on the parties to a dispute. 6. (1) An inspector or the members of a board and any assessors appointed to assist a board may enter premises owned or occupied by any party to a dispute and thereon inspect and test electrical works, installations and meters concerned in a dispute.Rights of entry and inspection (2) An undertaker involved in a dispute shall- (a) permit an inspector or the members of a board to use any testing equipment of his undertaking for the purpose of examining or testing any instrument or thing concerned in the dispute; and (b) produce to an inspector or the members of a board for examination all records, books and documents relating to a dispute. 7. (1) A board shall consist of not less than two or more than five members. The Minister shall nominate one of the members as chairman of the board and shall fix the number of members necessary to form a quorum at a meeting of the board.Membership (2) To assist a board the Minister may appoint one or more assessors possessing special skill and knowledge relating to the matters to be investigated by the board. (3) If any member of a board is, or becomes, unable or unwilling to act, or dies, the Minister may appoint another member in his place and, if such firstmentioned member was chairman, may nominate another member of the board as chairman. 8. A board shall sit at such times and at such places as it may fix and shall hold its inquiry in public except in so far as it is of the opinion that it is necessary, for any of the reasons set out in Article 18 (eleven) of the Constitution, that any part of the evidence given before it and any argument relating thereto should be heard in camera. (As amended by S.I. No. 157 of 1965)Sittings and procedure Cap. 1 9. If the members of a board are in any case equally divided on any question that arises during the proceedings of the board, the chairman of the board shall have a second or casting vote.Chairman to have casting vote 10. If any person at any sitting of the board wilfully insults any member of the board or any assessor or wilfully interrupts the proceedings of the board or otherwise wilfully disturbs the peace or order of such proceedings, he shall be guilty of an offence and liable to a fine not exceeding one thousand five hundred penalty units or, in default of payment, to imprisonment for a period
not exceeding six months. (As amended by Act No. 13 of 1994)Offences and penalties 11. Any party to a dispute which is being investigated by a board shall be entitled to be represented by a legal practitioner at the whole of the inquiry, and any other person who may consider it desirable that he should be so represented may, by leave of the board, be represented in the aforesaid manner.Legal representation 12. (1) The Minister may direct what remuneration, if any, shall be paid to the members of a board and any assessor and may direct the payment of any other expenses attendant upon the carrying out of the board's functions.Remuneration of members (2) Any sums payable in terms of this regulation shall be paid out of moneys appropriated for the purpose by Parliament. (As amended by G.N. No. 34 of 1964) SECTION 38-THE ELECTRICITY (LICENSING) REGULATIONS Regulations by the Minister Federal Government Notice 117 of 1956 Government Notice 34 of 1964 Statutory Instrument 157 of 1965 Act 13 of 1994 1. These Regulations may be cited as the Electricity (Licensing) Regulations.*These Regulations made under the repealed Act are continued in operation by section fifteen of the Interpretation and General Provisions Act (Cap. 2)* *These Regulations made under the repealed Act are continued in operation by section fifteen of the Interpretation and General Provisions Act (Cap. 2)Title 2. In these Regulations, unless the context otherwise requires-Interpretation "applicant" means a person who has applied or is applying, in accordance with the provisions of the Act, for the issue or review of a licence, or an amended licence, or for the cession, transfer, surrender or substitution of a licence; "licensee" means a person to whom a licence has been issued, or has been deemed to have been issued, in accordance with the provisions of the Act. 3. An application for a licence in terms of section seven of the Act, an application for the review of a licence in terms of paragraph (a), (b) or (c) of subsection (1) of section nine of the Act, and an application for the cession, transfer, surrender or substitution of a licence in terms of subsection (2) of section nine of the Act may be made at any time and shall be addressed to the Secretary of the Electricity Council. (As amended by G.N. No. 34 of 1964)Applications for licences
4. (1) An application made in terms of section seven of the Act or of paragraph (c) of subsection (1) of section nine of the Act or of subsection (2) of section nine of the Act shall be in Form 1 in the First Schedule and shall be accompanied by the appropriate fee as set out in the Second Schedule, and by a plan of the area of supply, and by particulars concerning the following matters where applicable: (a) the situation and extent of the land which the applicant desires to use as sites for generating stations; (b) if the ownership of the site is not vested in the applicant, the name and address of the owner; (c) the source of the water supply and the usual quantity used or required: (d) full particulars of land or any rights over land which it is proposed to acquire either by agreement or in accordance with the provisions of the Act; (e) full particulars regarding the type of current, frequency and pressure to be used. (f) full particulars of the proposed undertaking, including the maximum quantity of electricity which will normally be generated and the maximum installed capacity of the plant; (g) the estimated cost of the undertaking; (h) the point or points at which it is proposed to receive any supply of electricity in bulk; (i) a schedule of charges; to be made to consumers; (j) an estimate of the number of probable consumers within the area of supply and their estimated consumption of electricity; (k) such further particulars and information as may be required by the Electricity Council or the Minister.Fees and particulars required (2) In addition to the information required under sub-regulation (1), an applicant shall submit to the Electricity Council a draft advertisement containing the following particulars where appropriate: (a) the description and address of the applicant; (b) the object of the application; (c) the proposed area of supply; (d) the site and capacity of the proposed generating station; (e) any further particulars which the Electricity Council may require to be included; (f) a statement to the effect that plans and documents of the applicant's proposals, together with details of the tariffs which it proposes to charge, are available for view by the public at a suitable and convenient place within the
area of supply; (g) a statement to the effect that any consumer or proposed consumer within the area covered by the application may object to the approval of the application in accordance with the provisions of regulation 6. (3) An applicant who wishes to include in his area of supply all or part of the area under the jurisdiction of a local authority shall attach to his application a consent of such local authority or a decision of the Minister, as the case may be, given or made in terms of section nineteen of the Act. (As amended by G.N. No. 34 of 1964) 5. On receipt of an application made in terms of regulation 4, the Electricity Council shall, if satisfied that the applicant has complied with the provisions of the Act and of these Regulations and that the draft advertisement contains the necessary particulars, cause the advertisement to be inserted at the applicant's expense in the Gazette and in a newspaper circulating in the proposed area of supply. (As amended by G.N. No. 34 of 1964)Advertisement of application 6. Any objection to the grant of an application which has been made in terms of regulation 4 shall be made in Form 2 in the First Schedule and shall be lodged with the Electricity Council within twentyone days of the appearance in the Gazette of the relevant advertisement published in terms of regulation 5. Any objection made against the granting of an application shall contain the reasons for the objection and copies of any objections so made shall be lodged with the applicant. (As amended by G.N. No. 34 of 1964)Notice of objection to grant of application 7. The Electricity Council shall arrange for the hearing of an application made in terms of regulation 4, and any objection thereto made in terms of regulation 6, at a suitable time and place and shall give notice of such hearing to the applicant and to every objector not less than ten days before the date fixed for the hearing:Hearing of application Provided that, if there are more than twenty objectors to any one application, the Electricity Council may, by advertisement in a newspaper circulating in the area of supply covered by the application, give notice of the hearing of the application and objections thereto, and the appearance of such advertisement shall be regarded as the giving of notice to every objector in terms of this regulation (As amended by G.N. No. 34 of 1964) 8. When the Electricity Council has heard an application made in terms of regulation 4 and any objections thereto, it shall make its recommendations to the Minister on the application in accordance with the provisions of the Act, and its recommendations shall include the terms and conditions which should be described in the licence.Electricity Council to make recommendations to Minister 9. If a number of consumers or a local authority wish the Minister to review a licence in terms of paragraph (a) or (b) of subsection (1) of section nine of the Act, they shall make application to the Electricity Council for the issue by the Minister of an amended licence to the licensee concerned and shall send a
copy of such application to such licensee. An application made in terms of this regulation shall be in Form 3 in the First Schedule. (As amended by G.N. No. 34 of 1964)Application for review of licence 10. (1) A number of consumers seeking the review of a licence in terms of regulation 9 shall, at the time of making application, satisfy the Electricity Council that they represent the aggregate consumption required by paragraph (a) of subsection (1) of section nine of the Act, and the Electricity Council shall not consider any such application unless so satisfied.Consumers to represent requisite consumption (2) A licensee shall give to consumers who wish to seek the review of his licence in terms of regulation 9 such information as may be necessary for those consumers to satisfy the Electricity Council in accordance with the provisions of sub-regulation (1). (As amended by G.N. No. 34 of 1964) 11. An application made in terms of regulation 9 shall contain the following information: (a) details of the amendments to the licence which the applicants seek; (b) the reasons for seeking the amendments; (c) any other information which may be required by the Electricity Council. (As amended by G.N. No. 34 of 1964)Particulars required 12. On receipt of an application made in terms of regulation 9, the Electricity Council shall arrange for the hearing of the application at a suitable time and place and shall give an opportunity to representatives of the licensee and of any other applicant concerned to appear and to lead evidence in accordance with the provisions of subsection (4) of section nine of the Act. (As amended by G.N. No. 34 of 1964)Hearing of application 13. Having heard the application made in terms of regulation 9, the Electricity Council shall make its recommendations to the Minister as to the provisions and conditions to be included in the licence. (As amended by G.N. No. 34 of 1964)Electricity Council to make recommendations to Minister 14. If the Electricity Council proposes to recommend in terms of paragraph (d) of subsection (1) of section nine of the Act that the Minister shall review a licence, it shall notify the licensee in writing of the alterations in the licence which it proposes to recommend.Notification of licensee 15. On receipt of a recommendation from the Electricity Council made in terms of paragraph (d) of subsection (1) of section nine of the Act, the Minister shall insert in the Gazette and in a newspaper circulating in the licensed area an advertisement setting out the changes proposed in the licence, which shall include a statement to the effect that the licensee or any consumer or proposed consumer in the licensed area may lodge his objection with the Minister.
(As amended by G.N. No. 34 of 1964)Advertisement of proposed changes in licence 16. Any objection made in terms of regulation 15 against the approval by the Minister of a recommendation received from the Electricity Council in terms of paragraph (d) of subsection (1) of section nine of the Act shall be made in Form 2 in the First Schedule and shall be lodged with the Minister within twentyone days of the appearance in the Gazette of the relevant advertisement published in terms of regulation 15. Any objection made against the approval of such a recommendation shall contain the reasons for the objections and copies of any objections so made shall be lodged with the Electricity Council and with the licensee. (As amended by G.N No. 34 of 1964 and S.I. No. 157 of 1965)Notice of objection 17. Before making a decision on any recommendation of the Electricity Council made in terms of paragraph (d) of subsection (1) of section nine of the Act, the Minister shall, if so requested by any objector or by the Electricity Council, arrange for a hearing of the recommendation to be conducted, mutatis mutandis, in accordance with the provisions of regulation 12 (As amended by G.N. No. 34 of 1964)Hearing 18. (1) An application made in terms of these Regulations shall be accompanied by the appropriate fees set out in the Second Schedule. If by any reason of inquiries into the affairs of the licensee additional expense is necessarily incurred by the Minister or the Electricity Council as the result of an application made in terms of these Regulations, the Minister may direct that all or part of the additional expense so incurred shall be paid by the applicant, so, however, that in the case of an application made in terms of paragraph (a) or (b) of subsection (1) of section nine of the Act, no additional expenses shall be payable by the applicant if as the result of that application an amendment to the licence is made.Fees (2) The issue of a licence or of an amended licence, as the case may be, shall be conditional upon the payment of such amounts as may be payable by the applicant in terms of this regulation . FIRST SCHEDULE PRESCRIBED FORMS
FORM 1 (Regulation 4) APPLICATION FOR THE ISSUE OF A LICENCE OR OF AN AMENDED LICENCE To the Secretary, Electricity Council. Application is hereby made under the provisions of the Electricity Act- *for the issue of a licence *for the issue of an amended licence *for the cession/transfer/surrender/substitution of a licence in the following manner: Attached hereto are the fees and statements of information and particulars as required in terms of the Regulations. Dated this day of 19 . Signature of Applicant Address *Insert as appropriate. (As amended by S.I. No. 157 of 1965)
FORM 2 (Regulations 6 and 16) NOTICE OF OBJECTION TO THE ISSUE OF A LICENCE OR OF AN AMENDED LICENCE To the Secretary, *Electricity Council. *The Permanent Secretary, Ministry of Power, Transport and Works. Objection is hereby made to- *the issue of a licence *the issue of an amended licence. *the cession/transfer/surrender/substitution of a licence in respect of the undertaking in the terms contained in Gazette Notice No. of 19 . The grounds for objection are Dated this day of 19 . Signature of objector Address *Insert as appropriate. (As amended by S.I. No. 157 of 1965)
FORM 3 (Regulation 9) APPLICATION FOR THE REVIEW OF A LICENCE To the Secretary, Electricity Council. Application is hereby made to the Minister of Power, Transport and Works under the provisions of the Electricity Act, for the review of the licence issued to undertaking. Attached hereto are statements setting out details of the amendments to the licence for which application is made, and setting out the reasons for seeking those amendements. Also attached are the fees payable with this application in terms of the Regulations. Dated this day of 19 . Signature of Applicants Addresses ............................................................ ............................................................ ............................................................ ............................................................ ............................................................ ............................................................ (As amended by S.I. No. 157 of 1965)
SECOND SCHEDULE (Regulation 18) FEES TO ACCOMPANY APPLICATIONS IN CONNECTION WITH LICENCES Fee units With an application for the issue of a licence in accordance with the provisions of section 7 of the Act . . . . . . . . . . . . 1500 With an application for the review of a licence in accordance with the provisions of paragraph (a) of subsection (1) of section 9 of the Act . . . . . . . . . . . . 300 With an application for the review of a licence in accordance with the provisions of paragraph (b) of subsection (1) of section 9 of the Act . . . . . . . . . . . . 600 With an application for the review of a licence in accordance with the provisions of paragraph (c) of subsection (1) of section 9 of the Act . . . . . . 400 With an application for the cession or transfer of a licence in accor- dance with the provisions of subsection (2) of section 9 of the Act . . . . . . 750 With an application for the substitution of a licence in accordance with the provisions of subsection (2) of section 9 of the Act . . . . . . . . 150 With an applicaton for the surrender of a licence in accordance with the provisions of subsection (2) of section 9 of the Act . . . . . . . . Nil (As amended by Act No. 13 of 1994) SECTION 38-THE ELECTRICITY (NON-STANDARD CHARGES) REGULATIONS Regulations by the Minister Federal Government Notice 312 of 1959 Government Notice 34 of 1964 1. These Regulations may be cited as the Electricity (Non-Standard Charges) Regulations.*These Regulations made under the repealed Act are continued in operation by section fifteen of the Interpretation and General Provisions Act (Cap. 2).* *These Regulations made under the repealed Act are continued in operation by section fifteen of the Interpretation and General Provisions Act (Cap. 2).Title
2. In these Regulations, unless the context otherwise requires-Interpretation "applicant" means a consumer referred to in subsection (4) of section twelve of the Act, and "application" shall be construed accordingly; "the right to appear and lead evidence" means the right to appear and lead evidence conferred by the provisions of subsection (6) of section twelve of the Act. (As amended by G.N. No. 34 of 1964) 3. (1) An application shall be in writing.Particulars required (2) In an application the applicant shall state- (a) the reasons for his application; and (b) whether or not he wishes to exercise the right to appear and lead evidence. 4. The applicant shall submit his application to the Electricity Council forwarding at the same time a copy of his application to the licensee. (As amended by G.N. No. 34 of 1964)Submission of application 5. (1) If the licensee wishes to object to the application, he shall lodge a notice of his objection in writing with the Electricity Council within thirty days of the receipt by him of the copy of the application forwarding at the same time a copy of his objection to the applicant.Notice of objection (2) A licensee who lodges a notice of objection referred to in sub-regulation (1) (hereinafter called an objector) shall state in the objection whether or not he wishes to exercise the right to appear and lead evidence. 6. (1) The Electricity Council may require an applicant or licensee, whether or not he is an objector, to furnish such information which in its opinion is relevant to the application and any objection thereto as it may consider necessary for the proper consideration of the application and any objection thereto.Particulars of objection required (2) The applicant and the licensee shall furnish such information as they may be required to furnish in terms of sub-regulation (1). (3) The Electricity Council shall furnish the objector with copies of information obtained from the applicant and the applicant with copies of information obtained from the objector. 7. In addition to the power to require an applicant or licensee to furnish information conferred upon it by regulation 6, the Electricity Council may institute such inquiries and obtain such other information which in its opinion is relevant to the application and any objection thereto as it may consider necessary for the proper consideration of the application and any objection thereto.Further inquiries 8. If an applicant or an objector wishes to exercise the right to appear and lead evidence, the Electricity Council shall arrange a suitable time and place
for that purpose and give notice to him and the other party, if any, not less than ten days before the date so arranged. Right to appear and lead evidence SECTION 38-THE ELECTRICITY (PRIVATE UNDERTAKINGS' CONTRACTS) REGULATIONS Regulations by the Minister Federal Government Notice 122 of 1956 Government Notice 34 of 1964 Act 13 of 1994 1. These Regulations may be cited as the Electricity (Private Undertakings' Contracts) Regulations.*These Regulation made under the repealed Act are continued in operation by section fifteen of the Interpretation and General Provisions Act (Cap. 2).* *These Regulation made under the repealed Act are continued in operation by section fifteen of the Interpretation and General Provisions Act (Cap. 2).Title 2. Any person operating a private undertaking who, in accordance with the provisions of section eighteen as read with subsection (3) of section thirtynine of the Act, requires the consent of the Minister before contracting to supply electricity to any other person shall submit his application for the Minister's consent to the Electricity Council. (As amended by G.N. No. 34 of 1964)Submission of application 3. Every application submitted to the Electricity Council in terms of regulation 2 shall include the following information: (a) the type, pressure and quantity of current to be supplied to any other person under the proposed contract; (b) the name and address of any person to whom it is proposed to supply electricity under the proposed contract; (c) the price to be charged under the proposed contract; (d) the provisions to be included in the proposed contract which relate to the termination of the agreement; (e) a copy of the proposed contract; and (f) any other information which the Electricity Council may require. (As amended by G.N. No. 34 of 1964)Particulars required 4. Having considered the application, the Electricity Council shall submit to the Minister full details of the application and its recommendation thereon.Recommendation of Electricity Council 5. The Minister shall thereupon notify his decision to the private undertaker and, if the Minister gives his consent in terms of section eighteen of the Act,
the private undertaker shall lodge with the Electricity Council a copy of the signed contract. (As amended by G.N. No. 34 of 1964)Minister's decision 6. The terms of a contract to which consent has been given by the Minister in terms of section eighteen of the Act shall not be varied by a private undertaker without the consent of the Minister. If a private undertaker wishes to obtain the consent of the Minister to a variation of contract already approved by him, he shall submit an application in accordance with the provisions of regulation 3 and thereafter the Electricity Council and the Minister, respectively, shall deal with such application in accordance with the provisions of regulations 4 and 5. (As amended by G.N. No. 34 of 1964)Variation of contract SECTION 38-THE ELECTRICITY (REGISTRATION OF PRIVATE UNDERTAKINGS) REGULATIONS Regulations by the Minister Federal Government Notice 123 of 1956 1 These Regulations may be cited as the Electricity (Registration of Private Undertakings) Regulations.*These Regulations made under the repealed Act are continued in operation by section fifteen of the Interpretation and General Provisions Act (Cap. 2).* *These Regulations made under the repealed Act are continued in operation by section fifteen of the Interpretation and General Provisions Act (Cap. 2).Title 2. Every person who, on the 27th April, 1956, operated a private undertaking the plant of which is rated at the site where it is installed at a capacity of one hundred or more kilowatts, whether for his own use or for supply to other persons, either wholly or partly, shall before the 1st October, 1956, submit to the Minister the following particulars in respect of the plant and installation: (a) the name and address of the owner; (b) the place where it is operated; (c) the rated capacity, type of prime mover and current, systems, frequency and voltage; and (d) any further relevant particulars required by the Minister.Particulars required in respect of existing undertakings 3. Every person who, after the 27th April, 1956, begins to operate a private undertaking as described in regulation 2 shall, within six months after so beginning to operate it, submit to the Minister the particulars set out in that regulation in respect of the plant and installation in question.Particulars required in respect of new undertakings 4. Any person who fails to comply with the provisions of these Regulations shall be guilty of an offence and shall be liable to a fine not exceeding seven hundred and fifty penalty units. (As amended by Act No. 13 of 1994)Offences and penalties
THE ELECTRICITY (SUPPLY) REGULATIONS ARRANGEMENT OF REGULATIONS PART I PRELIMINARY Regulation 1. Title and commencement 2. Interpretation PART II ADMINISTRATION AND GENERAL 3. Chief Electrical Inspector and electrical inspectors 4. Application 5. Procedure as to settlement of disputes 6. Declared method of supply to new consumers 7. Declared method of supply to existing consumers 8. Undertaker to provide constant supply 9. Undertaker may lessen or discontinue supply 10. Undertaker shall not permanently connect 11. Undertaker not compelled to commence supply 12. Discontinuance of supply 13. Disconnection of works in certain circumstances 14. Connection of system with earth 15. Protection of telegraphs 16. Access to undertaker's works 17. Guidance and instructions 18. Inspections and tests 19. Availability of Regulations PART III CONSTRUCTION OF UNDERTAKERS' WORKS
20. Design and protection of works 21. Switchgear 22. Fuses 23. Automatic circuit-breakers Regulation 24. Joints and connections 25. Isolating and protective devices 26. Switchboards 27. Buildings for electrical purposes 28. Outdoor substations 29. Earthing of metal-work 30. Earthing of consumer's installation 31. Earth electrodes 32. Leakage to earth 33. Arc suppression coils 34. Service lines on consumer's premises PART IV CABLES 35. Construction and installation of cables 36. Metallic protection for high-voltage cables 37. Identification and testing PART V OVERHEAD LINES 38. Application of Part V 39. Constructional requirements 40. Materials 41. Minimum heights and clearances 42. Overhead lines crossing railway tracks 43. Different voltages in proximity
44. Loading conditions and factors of safety 45. Periodic testing and inspecting 46. Warning notices 47. Unauthorised climbing PART VI PROTECTIVE MULTIPLE EARTHING Regulation 48. Description 49. Consent 50. Limitations 51. Connections at transformer 52. Use of cables 53. Use of overhead lines 54. Use of cables and overhead lines 55. Overall resistance 56. Neutral to be unbroken 57. Consumer's earthing PART VII STANDARDS OF MEASUREMENT 58. Fundamental electrical units 59. Derived electrical units of energy 60. Measurement of electricity PART VIII OFFENCES AND PENALTIES 61. Offences and penalties FIRST SCHEDULE-Prescribed forms SECOND SCHEDULE-Section clearances THIRD SCHEDULE-Minimum heights of overhead lines
FOURTH SCHEDULE-Minimum heights of overhead lines crossing railway tracks FIFTH SCHEDULE: Part I-Fundamental units Part II-Denominations of standards Part III-Limits of accuracy Part IV-Derived electrical unit of energy SECTION 38-THE ELECTRICITY (SUPPLY) REGULATIONS Regulations by the Minister Federal Government Notice 404 of 1961 Government Notice 34 of 1964 Statutory Instrument 157 of 1965 Act 13 of 1994 PART I PRELIMINARY 1. These Regulations may be cited as the Electricity (Supply) Regulations*These Regulations made under the repealed Act are continued in operation by section fifteen of the Interpretation and General Provisions Act (Cap. 2).* and shall be deemed to have come into operation- *These Regulations made under the repealed Act are continued in operation by section fifteen of the Interpretation and General Provisions Act (Cap. 2). (a) in respect of Parts I, II, IV, V, VI, VII and VIII on the 1st December, 1961; (b) in respect of Part III on the 1st January, 1963.Title and commencement 2. In these Regulations, unless the context otherwise requires-Interpretation "bulk supply" means a supply of electricity to be used for the purposes of redistribution; "cable" means an insulated conductor or an assemblage of such conductors enclosed within a common sheathing; "conductor" means a bar, tube, wire or line used for conducting electricity; "consumer" means a person, other than an undertaker, who is supplied or who has made application to be supplied with electricity by an undertaker; "consumer's installation" means the consumer's electrical wiring together with any electricity consuming device connected with such installation;
"dead" means at or about earth potential or zero voltage and not connected to a live conductor or live part of a system; "earthed" and "connected with earth" mean connected with the general mass of earth in such manner as will ensure at all times an immediate and efficient discharge of electricity, and cognate expressions shall be construed accordingly; "electric line" means a cable, overhead line or other means used or intended to be used for the purpose of conveying, transmitting or distributing electricity together with any casing, coating, covering, tube, pipe or insulator enclosing, surrounding or supporting the same, or any part thereof, or any apparatus connected therewith for the purpose of conveying, transmitting or distributing electricity; "electrical inspector" means a person referred to in regulation 3; "failing load" means a load on a support which, if exceeded, will result in the conductor not being supported in accordance with these Regulations; "form" means the appropriate form prescribed in the First Schedule; "high voltage" means normal operating voltage exceeding 650 volts; "insulated conductor" means a conductor covered with insulation suitable for the normal operating voltage; "insulation" means non-conducting material enclosing, surrounding, or supporting a conductor or any part thereof; "line conductor" means a conductor of an overhead line; "Lines Protection Regulations" means the General Post Office (Lines Protection) Regulations;Cap. 795 of the 1971 edition of the laws "live" means electrically charged; "low voltage" means normal operating voltage exceeding 30 volts alternating current or 50 volts direct current but not exceeding 250 volts; "main" means an electric line through which electricity may be supplied or is intended to be supplied by the undertaker to a service line; "medium voltage" means normal operating voltage exceeding 250 volts but not exceeding 650 volts; "metal armouring" means metal wire or metal tape completely covering a cable and manufactured as an integral part of the cable; "metal sheathing" means a continuous and watertight metal sleeve surrounding a cable manufactured as an integral part of the cable; "metal-work" means any metal-work other than- (a) a conductor and its associated live parts; or (b) an earth conductor;
"overhead line" means a conductor erected above ground and in the open air and includes any pole-mounted substation associated therewith; "pole-mounted substation" means transformer equipment, high-voltage switchgear or high-voltage apparatus mounted on a support and associated with the operation and control of an overhead line; "service line" means an electric line through which electricity may be supplied or is intended to be supplied by the undertaker to a consumer either from a main or directly from the premises of the undertaker; "supply terminals" means the end of a service line at which the supply of electricity is delivered from such line to the consumer; "support" means a structure or pole for supporting an overhead line and includes any stay or strut associated therewith; "telegraph" or "telegraph line" means a telegraph or telegraph line as defined in section two of the Posts and Telegraphs Act;Cap. 795 of the 1971 edition of the laws "undertaker" does not include a person operating a plant which is rated at the site where it is installed at a capacity of less than one hundred kilowatts for the generation and supply of electricity solely for his own use or for use on his own premises; "voltage" means the electro-motive force existing between any pair of live conductors forming part of a common supply of electricity or between any part of either of such conductors and earth and, in the case of alternating current, means the virtual voltage or root-mean-square value as determined by the square-root of the mean or average value of the squares of the instantaneous values of the voltage during one complete cycle; "Wiring Regulations" means the Electricity (Wiring) Regulations. PART II ADMINISTRATION AND GENERAL 3. (1) There shall be a Chief Electrical Inspector and such electrical inspectors as may be considered necessary.Chief Electrical Inspector and electrical inspectors (2) Subject to the directions of the Minister, the Chief Electrical Inspector shall administer these Regulations. (3) No person shall be appointed- (a) as the Chief Electrical Inspector unless he is a Chartered Electrical Engineer with experience in the electricity supply industry to the satisfaction of the Minister; or (b) as an electrical inspector unless he has had experience in the electricity supply industry to the satisfaction of the Minister. (As amended by G.N. No. 34 of 1964)
4. (1) Subject to the provisions of sub-regulations (2) and (3), these Regulations shall apply to every undertaker.Application (2) Parts III, IV and V shall not apply- (a) to the construction, installation, quality, alteration, operation, control, protection, inspection and testing of the parts of an undertaker's works which are used exclusively for mining or factory purposes at a mine or factory where such parts comply with the electrical provisions of any written law or regulations relating to such construction, installation, quality, alteration, operation, control, protection, inspection and testing at a mine or factory; (b) to the construction, installation and quality of an undertaker's works, or any part thereof, installed or erected, or for the installation or erection of which an agreement was entered into, before the commencement of Part III or Parts IV and V, as the case may be, until such works or part thereof are altered or replaced after such commencement. (3) Regulation 27 shall not apply to the construction of a building by an undertaker for the accommodation, of any of his works where such building complies with any written law or by-law relating to its construction. (As amended by G.N. No. 34 of 1964 and S.I. No. 157 of 1965) 5. (1) Where an undertaker in pursuance of these Regulations declines- (a) to connect a consumer's installation or any part thereof with the undertaker's electric lines; or (b) to give or continue to give a supply of electricity; or (c) to recommence a supply of electricity after it has been disconnected;Procedure as to settlement of disputes the undertaker shall give notice to the consumer On Form No l stating the reasons for so declining. (2) Where a difference arises- (a) between a consumer and an undertaker- (i) with reference to a notice given in terms of sub-regulation (1) or (2) of regulation 11; or (ii) with reference to a consumer's installation to which the provisions of regulation 10 apply; or (iii) concerning the measurement of electricity; or (iv) in the application of these Regulations generally; or (b) between one undertaker and another in connection with these Regulations; the Minister may order an inquiry to be held in terms of section thirtyfive of
the Act. 6. (1) Subject to the provisions of sub-regulation (4), before giving a supply of electricity to a consumer the undertaker shall declare in writing to that consumer the standard type of current and number of phases, the standard frequency and the standard voltage at which the undertaker proposes to deliver the electricity to the supply terminals.Declared method of supply to new consumers (2) Subject to the provisions of sub-regulation (4), for the purposes of sub-regulation (1)- (a) the standard type of current and number of phases shall be alternating current, one or three phases; (b) the standard frequency shall be fifty cycles per second; (c) the standard voltage shall be- (i) 225 volts phase to neutral for a single-phase supply; or (ii) 390 volts phase to phase for a three-phase supply. (3) Subject to the provisions of sub-regulation (4), the standards referred to in paragraphs (a), (b) and (c) of sub-regulation (2) shall be constantly maintained subject to a permissible variation- (a) of frequency, between a lower limit of 48.75 cycles per second and an upper limit of 51.25 cycles per second (b) of voltage- (i) between a lower limit of 210 volts phase to neutral and an upper limit of 240 volts phase to neutral in the case of a single-phase supply; (ii) between a lower limit of 365 volts phase to phase and an upper limit of 415 volts phase to phase in the case of a three-phase supply. (4) Departures from the provisions of sub-regulation (1), (2) or (3) may be made by an undertaker- (a) by agreement with a consumer to whom it is intended to give an individual supply of electricity from a distributing main to be used solely for the purposes of that one consumer; or (b) by agreement with each consumer in a group of consumers to whom it is intended to give a supply of electricity from a common distributing main for the group; or (c) in giving a supply of electricity at high voltage in terms of a published tariff; or (d) in giving a special supply of electricity for purposes outside the terms of the undertaker's published tariffs: Provided that a departure made in terms of this sub-regulation to a consumer shall not adversely affect any other consumer.
(5) Before giving a supply of electricity to a consumer in accordance with the provisions of sub-regulation (4), the undertaker shall declare in writing to that consumer the type of current and, if alternating current, the number of phases and frequency and the voltage at which the undertaker proposes to deliver the electricity to the supply terminals. (6) Where a supply of electricity is given in terms of sub-regulation (4), it shall be constantly maintained as declared in sub-regulation (5) subject to a permissible variation- (a) of frequency, if alternating current, not exceeding two and one-half per centum above or below the declared frequency; (b) of voltage, not exceeding ten per centum above or below the declared voltage except where the special agreement for the supply stipulates a different permissible voltage variation. (7) Before giving a bulk supply of electricity to another undertaker for redistribution, the supplying undertaker shall declare in writing to the receiving undertaker the type of current and, if alternating current, the number of phases and frequency and the voltage at which it is proposed to deliver the electricity: Provided that where the bulk supply is alternating current intended for redistribution to consumers to whom the provisions of sub-regulations (1), (2) and (3) apply- (i) the declared frequency shall be fifty cycles per second; (ii) such frequency shall be constantly maintained subject to the permissible variations set out in paragraph (a) of sub-regulation (3); (iii) any limits to voltage variation agreed between the two undertakers shall be such as will not adversely affect any consumer in respect of the provisions of paragraph (b) of sub-regulation (3). (8) Except for causes beyond the control of the undertaker and subject to the provisions of regulation 8- (a) any permissible variation provided for in this regulation to a declared frequency of fifty cycles per second shall be conpensatorily adjusted to give a mean frequency of fifty cycles per second as far as practicable in each continuous period of twenty-four hours; (b) any permissible variation provided for in this regulation to a declared voltage may be exceeded during control operations on the system for a period not longer than ten consecutive minutes. (9) Subject to the terms and conditions of a contract of supply between an undertaker and a consumer entered into on or after the 1st December, 1961, nothing in this regulation provided shall prevent such undertaker and consumer by agreement terminating the contract of supply made in terms of sub-regulations (1), (2) and (3) and substituting therefor a new contract of supply made in terms of sub-regulations (4), (5) and (6), or vice versa, provided that no other consumer is adversely affected thereby.
7. (1) Where an undertaker continues to give a supply of electricity to a consumer on and after the 1st December, 1961, in accordance with a contract or verbal agreement to supply existing at but made before such date, the provisions of this regulation shall apply to the declared method of supply.Declared method of supply to existing consumers (2) The supply of electricity under an existing contract or verbal agreement which requires the undertaker to deliver the electricity to the supply terminals- (a) as alternating current, one or three phases; (b) at a frequency of fifty cycles per second; (c) at a voltage of- (i) 220 volts or 230 volts phase to neutral for a single-phase supply; or (ii) 380 volts or 400 volts phase to phase for a three-phase supply; shall, in the absence of an agreement to the contrary, be constantly maintained subject to the permissible variations set out in sub-regulation (4) and shall continue to be the declared method of supply for such period of time as is determined by sub-regulation (6). (3) The supply of electricity under an existing contract or verbal agreement which requires the undertaker to deliver the electricity to the supply terminals at values differing from those set out in paragraphs (a), (b) and (c) of sub-regulation (2) shall be constantly maintained subject to the permissible variations set out in sub-regulation (5) and shall continue to be the declared method of supply for such period as is determined in the manner set out in sub-regulation (7). (4) There shall be a permissible variation for the purposes of sub-regulation (2)- (a) of frequency, between a lower limit of 48.75 cycles per second and an upper limit of 51.25 cycles per second; (b) of voltage- (i) between a lower limit of 210 volts phase to neutral and an upper limit of 240 volts phase to neutral in the case of either a 220 volts or a 230 volts single-phase supply; (ii) between a lower limit of 365 volts phase to phase and an upper limit of 415 volts phase to phase in the case of either a 380 volts or 400 volts three-phase supply. (5) Except where the existing contract or verbal agreement to supply includes specific terms for permissible variations which shall prevail during the continuation of the contract or verbal agreement, there shall be a permissible variation for the purposes of sub-regulation (3)- (a) of frequency, if alternating current, not exceeding two and one-half per centum above or below the normal frequency;
(b) of low voltage or medium voltage, not exceeding six per centum above or below the normal voltage; (c) of high voltage, not exceeding ten per centum above or below the normal voltage. (6) The declared method of supply to a consumer set out in sub-regulation (2) shall continue in force until- (a) termination of the existing contract or verbal agreement to supply or permanent discontinuance of supply to that consumer; or (b) there is an agreement made between the undertaker and the consumer to terminate the existing contract or verbal agreement to supply and to substitute therefor a new contract of supply which shall be subject to the provisions of regulation 6; or (c) the 1st December, 1966; whichever is the earliest. (7) The declared method of supply to a consumer set out in sub-regulation (3) shall continue in force until- (a) termination of the existing contract or verbal agreement to supply or permanent discontinuance of supply to that consumer; or (b) there is an agreement made between the undertaker and the consumer to terminate the existing contract or verbal agreement to supply and to substitute therefor a new contract of supply which shall be subject to the provisions of regulation 6; whichever is the earlier. (8) Before the date referred to in paragraph (c) of sub-regulation (6), except where there has been a prior termination of the existing contract or verbal agreement in terms of paragraph (a) or (b) of that sub-regulation, the undertaker- (a) shall serve on each consumer affected by the provisions of that sub-regulation a notice declaring the new method of supply; or (b) shall declare the new method by publication in a newspaper circulating in the area affected. (9) On and after the date referred to in paragraph (c) of sub-regulation (6), except where there has been a prior termination of the existing contract or verbal agreement in terms of paragraph (a) or (b) of that sub-regulation, each consumer affected by the provisions of that sub-regulation and of sub-regulation (8) shall be deemed to be a consumer to whom the provisions of regulation 6 apply: Provided that the permissible variation referred to in sub-regulation (3) of regulation 6 shall only apply in the absence of an agreement to the contrary. (10) Subject to any terms of a contract of supply between the undertaker and another undertaker existing at but made before the 1st December, 1961, the
provisions of sub-regulation (7) of regulation 6 shall apply, mutatis mutandis, to such existing contract during its continuation. (11) The provisions of sub-regulation (8) of regulation 6 shall apply, mutatis mutandis, to permissible variations of frequency and voltages referred to in this regulation. 8. (1) Subject to the provisions of sub-regulation (2), from the time an undertaker begins to supply electricity through a distributing main or service line, he shall maintain a supply of electricity in terms of the agreement sufficient for the use of each consumer entitled for the time being to be supplied therefrom and that supply shall be constantly maintained to each consumer without change- (a) in the declared method of supply set out in regulation 6 or 7 except as provided for therein; (b) in the relationship between the neutral conductor and earth or between the neutral conductor and any phase conductor; (c) in the phase rotation;Undertaker to provide constant supply except by agreement in writing between an undertaker and a consumer provided that no other consumer is adversely affected thereby. (2) An undertaker shall not lessen or discontinue a supply which is required to be constantly maintained in terms of sub-regulation (1) except- (a) where permitted by the provisions of section fourteen of the Act; or (b) where required or permitted by the provisions of these Regulations. 9. (1) An undertaker may temporarily lessen or discontinue a supply of electricity referred to in regulation 8- (a) without prior notice to a consumer likely to be affected-Undertaker may lessen or discontinue supply (i) where such action is necessary to prevent danger to life or damage to property; or (ii) in an emergency, from whatsoever cause arising including any political cause, to ensure the proper working of the undertaking or of any other undertaking with which it is interconnected; or (iii) by the automatic operation of a protective device installed to disconnect a supply of electricity in fault conditions; or (iv) by the automatic or hand operation of a device installed to disconnect a supply of electricity in terms of the conditions or agreement to supply; or (b) on giving not less than twentyfour hours' notice- (i) for the purposes of making alterations or additions to a system; or (ii) for normal maintenance work; or
(iii) for testing a device referred to in subparagraph (iii) or (iv) of paragraph (a). (2) The normal supply of electricity shall be resumed as soon as it is safe and expedient to do so after a temporary lessening or discontinuance referred to in sub-regulation (1). (3) The notice required in terms of paragraph (b) of sub-regulation (1) shall state the period during which the supply may be affected and shall- (a) be served in accordance with the provisions of section thirtyseven of the Act; or (b) be published in a newspaper circulating in the area affected. (4) In temporarily lessening or discontinuing a supply of electricity in the circumstances set out in sub-paragraph (ii) of paragraph (a) of sub-regulation (1), the undertaker, unless all his consumers are affected thereby, may select which consumer or group of consumers shall have a supply so lessened or discontinued. 10. (1) An undertaker shall not permanently connect a consumer's installation or part thereof with his low-voltage or medium-voltage electric lines if he or a person authorised by him is aware that the connection, if made, would cause a dangerous leakage of electricity from such installation or part thereof.Undertaker shall not permanently connect (2) An undertaker shall not permanently connect a consumer's installation or part thereof with his high-voltage electric lines unless he or a person authorised by him is satisfied that the high-voltage portion of the consumer's installation is of a standard of construction and safety not less than that required for an undertaker's high-voltage works in terms of these Regulations. (3) Where an undertaker does not permanently connect a consumer's installation or part thereof under the provisions of sub-regulation (1) or (2), he shall give immediate notice to the consumer on Form No. 1 stating the reasons therefor. 11. (1) An undertaker may refuse to give or, subject to the provisions of regulation 12, to continue to give a supply of electricity to a consumer's installation or part thereof unless the undertaker or a person authorised by him is reasonably satisfied that such installation or part thereof- (a) complies with the Wiring Regulations; or (b) in the case of an installation used for mining purposes, has been subjected to an insulation resistance test and the undertaker or a person authorised by him is satisfied with the result of such test; or (c) had been connected with the undertaker's lines and had been supplied with electricity before the 1st December, 1961, and-Undertaker not compelled to commence supply (i) such installation had continued to function satisfactorily up to the present time; (ii) the installation is to be or is being continued in use only within the limits of the maximum power for which it was originally intended;
(iii) there are no grounds for supposing that the installation will fail to continue to function satisfactorily for a further reasonable period without risk of danger. (2) Where an undertaker does not give or continue to give a supply of electricity under the provisions of sub-regulation (1), he shall give immediate notice to the consumer on Form No. 1. stating the reasons therefor. 12. (1) Where an undertaker in giving a supply of electricity has reasonable grounds for supposing that a consumer's installation or part thereof- (a) does not comply with the provisions of sub-regulation (1) or (2) of regulation 10; or (b) does not comply with the provisions of paragraph (a), (b) or (c) of sub-regulation (1) of regulation 11; or (c) is being operated in such a way as to endanger any person or as to cause or as is likely to cause damage to property; or (d) is interfering with or is likely to interfere with the efficient supply of electricity to any other consumer;Discontinuance of supply the provisions of this regulation shall apply. (2) Where the undertaker is satisfied that immediate action is justified in the consumer's interests or in the public interest as a result of any of the circumstances set out in paragraphs (a), (b), (c) and (d) of sub-regulation (1), he may forthwith discontinue the supply of electricity without prior notice. (3) Where an undertaker has discontinued a supply of electricity in terms of sub-regulation (2), he shall give immediate notice to the consumer on Form No. 1 stating the reasons therefor. (4) Where the undertaker is not satisfied that immediate action is justified in terms of sub-regulation (2), he may arrange to make a detailed inspection and test of the consumer's installation either- (a) by verbal agreement with the consumer; or (b) where verbal agreement is impossible, by serving written notice on the consumer requiring the consumer to permit the undertaker or a person authorised by him to make such inspection and test. (5) Where the undertaker- (a) makes the inspection and test referred to in sub-regulation (4) and is satisfied that the provisions of paragraph (a), (b), (c) or (d) of sub-regulation (1) apply to the consumer's installation or part thereof; or (b) is unable to make such inspection and test because of the failure or refusal of the consumer to permit such inspection and test; the undertaker shall, unless he has to take immediate action in terms of sub-regulation (2), give notice to the consumer on Form No. 1 specifying the defect or default.
(6) Where the consumer fails to remedy a defect or default within seven days of receiving the notice referred to in sub-regulation (5), the undertaker may discontinue the supply of electricity forthwith on giving notice to the consumer on Form No. 1 stating the reasons for such discontinuance. (7) The undertaker may restrict any discontinuance in the supply of electricity made in terms of this regulation to that portion of the consumer's installation which the undertaker considers to be defective, provided that the sound portion of the consumer's installation has been segregated therefrom and is capable of operating safely. (8) Subject to the settlement of the dispute in terms of regulation 5, an undertaker shall not recommence a supply of electricity to a consumer's installation or part thereof which has previously been discontinued under the provisions of this regulation until the defect or default which led to the discontinuance has been remedied to the undertaker's satisfaction and in accordance with the requirements of regulation 10. 13. (1) Every section of an undertaker's works, including cables and overhead lines, which is in such a faulty condition as to have caused or as to be likely to cause death or injury to any person or damage to any property shall, on such condition becoming known to the undertaker or to a person authorised by him to operate the section, be disconnected from the supply of electricity forthwith and shall not be reconnected until the faulty condition of the section has been remedied.Disconnection of works in certain circumstances (2) Every section of an undertaker's works, including cables and overhead lines, which, because of a faulty condition, is causing interference with the use of a telegraph line shall, on the faulty condition becoming known to the undertaker or to a person authorised by him to operate the section, be disconnected from the supply of electricity and shall not be reconnected until the faulty condition of the section has been remedied. (3) Nothing in sub-regulation (1) or (2) provided shall prevent the temporary reconnection of a section referred to therein to a supply of electricity for testing purposes where such temporary reconnection can be made without risk to life or property. 14. (1) No undertaker shall, without the consent in writing of the Postmaster-General given in terms of regulation 11 of the Lines Protection Regulations- (a) except in the case of a conductor used solely for earthing purposes, connect with earth a conductor of an electric line which is connected to an alternating current system: Provided that-Connection of system with earth. Cap. 795 of the 1971 Edition of the Laws (i) the star or neutral point of a generator or transformer; or (ii) one pole of a generator or transformer directly connected to a single-phase, two-wire, low-voltage or medium-voltage electricity supply line; may, without such consent, be connected with earth at the point of
generation or transformation; or (b) connect with earth a conductor of an electric line which is connected to a direct-current system; or (c) use the general mass of earth as part of the return of a circuit connected to an electric line, other than the return necessary to operate protective devices on that line. (2) On a single-phase two-wire or three-phase four-wire distribution system operating at low voltage or medium voltage, at least one generator or transformer winding directly supplying that voltage shall have one pole or its neutral point if single phase or its neutral point if three-phase earthed: Provided that where precautions are taken against a breakdown of insulation, the neutral point need not be earthed on a low-voltage or medium-voltage system used in an undertaker's works where such system does not supply a consumer. (3) Where a high-voltage system is designed for operating with an earthed neutral, the neutral of the generator or transformer winding shall be earthed at the point of generation or transformation: Provided that where the generator or transformer feeds a remote transformer, via a transmission line, the neutral of the generator or transformer need not be earthed if the neutral of the remote transformer is earthed at the point of the remote transformation. (4) On a high-voltage system designed for operating with an insulated neutral- (a) provision shall be made to indicate a displaced neutral; (b) precautions shall be taken against a breakdown of insulation. (5) Save for operational purposes on a high-voltage system, a conductor which is connected to earth in terms of this regulation shall be uninterrupted by a fuse, switch, circuit breaker, link or other means whilst any phase conductor of the system remains live. (6) Where an electrode boiler is installed, the provisions of the Wiring Regulations relating to the earthing of electrode boilers shall apply. 15. An undertaker shall comply with the provisions of the Lines Protection Regulations where- (a) a cable laid by him crosses or is in close proximity to an underground telegraph line; or (b) an overhead line installed by him crosses or is in close proximity to an overhead telegraph line.Protection of telegraphs 16. Subject to the provisions of section thirty-two of the Act, an undertaker shall restrict access to his works to himself and to persons authorised to have access to such works.Access to undertaker's works 17. (1) For the guidance of a person authorised by the undertaker to operate, control or work on the undertaker's works, whether under supervision or otherwise, where high voltage may be present the undertaker shall issue general
instructions regarding the working procedure to be followed to ensure maximum safety.Guidance and instructions (2) The general instructions referred to in sub-regulation (1) shall, where the person is engaged in inspections, tests, cleaning, repairs, painting or maintenance work near live high-voltage conductors or live high-voltage parts, require that person to observe the section clearances set out in the Second Schedule. 18. (1) A consumer shall not be relieved of any liability or responsibility for inspecting, testing or maintaining in a safe condition his own installation by virtue of any obligation to inspect or test placed on an undertaker, a person authorised by him or an electrical inspector by these Regulations.Inspections and tests (2) For the purposes of sub-regulation (2) of regulation 10 or sub-regulation (1) of regulation 11, the undertaker may, in lieu of an inspection or test by himself or by a person authorised by him, accept from a consumer a certificate on Form No. 2 given on behalf of the consumer by some other person whom the undertaker considers competent to make such statement that the consumer's installation or part thereof has been inspected and tested in a manner approved by, and with results satisfactory to, the undertaker. 19. An undertaker shall retain a copy of these Regulations at each office, depot or service centre attached to his undertaking.Availability of Regulations PART III CONSTRUCTION OF UNDERTAKERS' WORKS 20. (1) The undertaker's works shall- (a) be sufficient in size and rating to perform their intended functions; (b) be designed, constructed, installed, protected where necessary and of such quality to prevent danger; (c) be specially designed and constructed or additionally protected where exposed to-Design and protection of works (i) the weather; or (ii) wet conditions; or (iii) vermin; or (iv) corrosion; or (v) inflammable surroundings; or (vi) dust; or (vii) explosive atmosphere; so as to prevent danger from such exposure. (2) Conductors and live parts, except as otherwise provided for in Part IV or
V, shall- (a) be fully insulated and mechanically protected where necessary to prevent danger; or (b) be so placed and safeguarded as to prevent danger. (3) High-voltage conductors and high-voltage live parts, unless completely surrounded and protected by earthed metal, shall have the minimum section clearances set out in the Second Schedule or shall be so guarded by a protective barrier as to prevent inadvertent touching or dangerous approach by a person standing on any floor-level, walkway, stairway or working platform. 21. A switch, fuseswitch, circuit-breaker or isolating link shall- (a) be accurately adjusted to make and maintain good contact; (b) be provided with an operating handle which shall be insulated from the electrical conductors; (c) be arranged so that it cannot accidentally reclose from the open position; (d) be arranged to make and break all live poles of the supply simultaneously except in the case of fuses or where an isolating link is intended for use on a circuit not carrying load; (e) be designed or constructed so that in breaking a live circuit an arc is not maintained.Switchgear 22. A fuse shall be designed, constructed, installed and protected in such a manner that- (a) it effectively interrupts the circuit current under fault or abnormal overload conditions; (b) the fusible portion may be readily removed or replaced without danger.Fuses 23. An automatic circuit-breaker shall be designed, constructed, installed and protected in such a manner that- (a) it effectively interrupts the circuit current under fault or abnormal overload conditions; (b) there is no danger from overheating or arcing or the scattering of hot oil when it operates;Automatic circuit-breakers (c) where arranged for manual closing, the operating mechanism provides trip-free operation. 24. An electrical joint or connection shall be designed, constructed, installed and protected in such a manner that- (a) electrical conductivity is maintained satisfactorily; (b) its insulation, where insulation is necessary, is suitable for the normal
operating voltage; (c) its mechanical strength is suited to its location and environment.Joints and connections 25. (1) Isolating and protective devices- (a) for disconnecting all voltages from any part of a system; (b) for starting and stopping every motor; shall be provided to prevent danger.Isolating and protective devices (2) Every part of a system shall be protected from excess current except a control or other circuit where such protection may be undesirable or unnecessary. 26. (1) A switchboard shall be designed, constructed, installed and placed in such a manner that- (a) parts which have to be handled or adjusted are readily accessible from the working platform; (b) measuring instruments and indicators are observable from such platform:Switchboards Provided that where such handling, adjustment or observation is made from another position, such additional precautions as are necessary to prevent danger shall be taken. (2) A low-voltage or medium-voltage switchboard which has bare conductors normally so exposed that they can be touched shall- (a) be located in an area specially provided or be suitably fenced or enclosed; or (b) have a working platform or passageway that has- (i) a firm and even floor; (ii) adequate means of access free from danger; (iii) a clear headroom of not less than 2.1336 metres; (iv) a clear width of not less than 1.2192 metres measured from any bare conductor or a clear width of 2.4384 metres between bare conductors arranged in switchboards on opposite sides of the same passageway. 27. (1) A building constructed by an undertaker for the accommodation of any of his works shall- (a) be substantially constructed and designed for its intended purposes; (b) be so arranged as to prevent as far as practicable access thereto except by a doorway or gateway; (c) enclose such works in such a manner that they cannot readily be
interfered with from outside; (d) be ventilated, kept dry and made vermin-proof as far as practicable; (e) have fixed outside each entrance a notice of durable material inscribed with the word "DANGER" in red letters at least 3.175 centimetres in height together with a red danger-symbol all on a white background; (f) have fixed inside printed instructions as to the proper first-aid treatment of persons suffering from electric shock.Buildings for electrical purposes (2) A building referred to in sub-regulation (1) below ground level shall- (a) have adequate means of access by a door or trapdoor with a staircase or ladder securely fixed and so placed that no live part of a system or conductor shall be within reach of a person thereon; or (b) where a person is to be regularly employed therein and high voltage is present, have the access referred to in paragraph (a) by door and staircase only. 28. (1) Any part of the undertaker's works for the transformation, control, regulation or switching of electricity in the open air shall, except as otherwise provided for in Part IV or V- (a) be completely enclosed in a metal casing connected with earth at all points below a height of 3.048 metres from the ground; or (b) be mounted on the supports of an overhead line; or (c) be enclosed by a fence not less than 1.8288 metres in height fitted with a suitable anticlimbing device for the purpose of preventing access not authorised by the undertaker.Outdoor substations (2) A notice of durable material inscribed with the word "DANGER" in red letters at least one and a 3.175 centimetres in height together with a red danger-symbol all on a white background shall be fixed to the metal casing, supports or fence referred to in paragraph (a), (b) or (c) of sub-regulation (1). 29. (1) Metal-work attached to or forming part of a metal or reinforced concrete support and a metal transformer case or metal switch handle mounted thereon shall be connected with earth.Earthing of metal-work (2) Metal-work attached to or forming part of a wooden support which is liable to become dangerous because of leakage across or failure of the insulation shall- (a) be connected with earth if the metal-work is within 3.048 metres of the ground; or (b) where the metal-work is not connected with earth and is more than 3.048 metres above the ground, have effective secondary insulation sufficient to withstand the voltage to earth. (3) Notwithstanding the provisions of sub-regulation (2), where mounted on a
wooden support- (a) a metal transformer case together with its associated metal-work and a metal switch handle shall be connected with earth; (b) a high-voltage switch shall have inserted in the operating rod between the switch handle and the switch an insulator capable of withstanding the normal operating voltage where such switch handle is within 3.048 metres of the ground. (4) A metal cradle or a stay-wire shall- (a) be connected with earth; or (b) have inserted insulation capable of withstanding the normal operating voltage. (5) Metal armouring or metal sheathing, except sheathing intended for use as a concentric neutral conductor at earth potential, shall- (a) be connected with earth; (b) have earth continuity maintained by a separate earth conductor across any joint-box or terminal enclosure associated with the cable; (c) where the joint-box or enclosure referred to in paragraph (b) is of metal, be bonded thereto. (6) Save as is otherwise provided in these Regulations, any metal-work associated with or forming part of the undertaker's works, unless isolated from and not likely to come into contact with live parts or with earthed metal-work, shall be connected with earth. 30. (1) Where an undertaker provides protective multiple earthing in accordance with the provisions of Part VI, he shall, before supplying a consumer with electricity therefrom, interconnect with his own earthing arrangements the main earthing conductor of the consumer's installation.Earthing of consumer's installation (2) In a case other than that set out in sub-regulation (1), the undertaker may, before supplying a consumer with electricity, permit an interconnection between his own earthing arrangements and the main earthing conductor of the consumer's installation, subject to such conditions as the undertaker considers necessary. 31. An earth electrode of the undertaker shall be so installed that no voltage gradient shall be maintained at ground-level which may cause danger to life.Earth electrodes 32. Where metal-work is earthed, the associated earthing system shall be so designed, constructed and maintained that the leakage resulting from contact of negligible resistance between a live conductor or live part and any metal-work connected with earth shall be sufficient to operate the protective device which shall be installed to make that conductor or part dead.Leakage to earth 33. Nothing in regulation 32 provided shall prevent the use of an arc-suppression coil inserted between the transformer or generator neutral and earth in such a manner as to ensure that in the event of a live conductor or
live part coming into contact with earth or with any metal-work connected with earth an arc between that conductor or part and earth shall be immediately suppressed and the voltage of that conductor or part shall be so reduced as to prevent as far as reasonably practicable the risk of accident therefrom.Arc-suppression coils 34. (1) A service line shall have a suitable fusible cut-out or circuit-breaker as a protective device placed as near as practicable to the supply terminals on the consumer's premises.Service lines on consumer's premises (2) A protective device referred to in sub-regulation (1) shall- (a) be supplied and installed by the undertaker or, in the event of agreement between him and the consumer, by the consumer; (b) be of adequate rupturing capacity, suitably enclosed and of fire-resisting construction; (c) be placed at a position to be selected by the undertaker after consultation with the consumer; (d) be inserted in each live conductor and not in any neutral conductor permanently connected with earth. (3) Where a supply of electricity is to be provided at high voltage, provision shall be made whereby- (a) the protective device referred to in sub-regulation (1) can be isolated from the service line; (b) the consumer can cut off all voltage at or after the supply terminals without danger. (4) Where the consumer installs an unmetered service line or service main on his premises or where a part of the consumer's installation is to be solely operated and controlled by the undertaker, the undertaker shall ensure that such service line, or service main or such part of the installation- (a) is suitable for its intended purpose; (b) is installed to prevent as far as practicable leakage of electricity to adjacent metal. (5) A line, main or part referred to in sub-regulation (4) shall be subject to the provisions of regulations 10, 11, 12, 13 and 32 and the undertaker shall- (a) provide for any disconnection required thereunder; (b) advise the consumer of any remedial measures necessary to correct any defect, deficiency, or faulty condition which may exist. PART IV CABLES 35. (1) A cable shall be fully insulated for the normal operating voltage and shall be of a type and construction and shall be laid or installed in a manner
suited to its particular environment and having regard to- (a) the provisions of paragraphs (a), (b) and (c) of sub-regulation (1) of regulation 20; (b) the normal usage of the ground in which any part of it is to be laid; (c) foreseeable risk of damage to the cable and danger to persons, property and to other electrical services, water, gas, sewerage and telegraph services, railways and constructional works at or below ground-level.Construction and installation of cables (2) A component used with a cable shall be of a type and construction and shall be laid or installed in a manner suited to that cable and having regard to the provisions of- (a) sub-regulation (1); (b) regulation 24 where a joint or connection is necessary. 36. (1) A high-voltage cable shall be so laid or installed that it is completely surrounded and protected by earthed metal as provided- (a) by its own metal sheathing or metal armouring; or (b) by an extraneous metallic covering.Metallic protection for high-voltage cables (2) A joint, connection or termination of a high-voltage cable shall be surrounded and protected by earthed metal. (3) Notwithstanding the provisions of sub-regulation (1) or (2), the surrounding and protecting by earthed metal referred to therein may be omitted in a power station, substation, switch-room or similar premises designed for electrical purposes, provided that where it is omitted, the high-voltage cable, joint, connection and termination shall- (a) have the section clearances required in terms of sub-regulations (3) and (4) of regulation 20; or (b) be so guarded by a protective barrier as to prevent inadvertent touching or dangerous approach by a person standing on a normal floor-level, walkway, stairway or working platform. 37. (1) A neutral conductor of a cable shall, at its termination, be permanently identified so that it is readily and uniformly distinguishable from other conductors.Identification and testing (2) Where two or more cables forming part of different circuits terminate at adjacent positions, each circuit shall- (a) be permanently labelled on its exterior or on its terminating box or component; or (b) have other means of identification; so that it is readily distinguishable from other circuits.
(3) A cable shall be subjected to an insulation test after being laid or installed before being connected to a supply of electricity but it shall not be so connected if the connection would result in an electrical leakage which might be a danger to persons or property. (4) No cable shall be permanently connected to a supply of electricity unless tests have been made- (a) to ensure compliance with the provisions of these Regulations; (b) to establish electrical continuity of conductors. PART V OVERHEAD LINES 38. The provisions of this Part shall apply to overhead lines other than- (a) an overhead crane wire or trolley wire; (b) an overhead line consisting entirely of insulated conductors enclosed in earthed metal sheathing or earthed metal armouring; (c) a conductor used above ground and in the open air as a fence specially designed for the control of movement of animals; (d) an overhead telegraph line; (e) an overhead line and pole-mounted or other substation within a fenced enclosure specially erected by the undertaker operating such line and substation for the purpose of prohibiting entry not authorised by him where such fence is not less than 1.8288 metres in height and is fitted with a suitable anti-climbing device.Application of Part V 39. The constructional requirements of an overhead line shall comply with- (a) the provisions of sub-regulation (1) of regulation 20; (b) any specific provisions of this Part.Constructional requirements 40. (1) Line conductors and earth conductors shall be of copper, cadmium copper, steel-cored copper, aluminium, steel-cored aluminium, aluminium alloy, copper-clad steel, galvanised steel, stainless steel or any compatible combination of these materials.Materials (2) Cradle supporting wires and stay-wires shall be of stranded galvanised steel or be of material of not less than equivalent strength and durability. (3) A support shall be of wood, metal or reinforced concrete or a combination of these materials and where wood or metal is used in the construction of a support, such wood or metal shall be protected against decay or corrosion as far as is reasonably practicable. The diameter of a wooden support at a point 1.524 metres from the butt shall be not less than 15.24 centimetres. (4) Supports and the foundations thereof shall be constructed and placed having regard to the characteristics of the ground in which they are embedded and to
the load which they are to carry. (5) Insulators shall- (a) be of durable materials; (b) be designed to withstand the mechanical loading and electrical stresses of normal operating conditions. 41. (1) A line conductor near a building or other permanently raised position existing at the time of erection of the line shall- (a) if operating at low voltage or medium voltage, be insulated at all places within a distance of 2.088 metres. from any part of such building or raised position; or (b) if operating at high voltage, unless completely surrounded and protected by earthed metal, shall have the section clearance or protective barrier referred to in sub-regulation (3) of regulation 20 between it and any part of such building or raised position.Minimum heights and clearances (2) Service lines in the terminal span of a connection between an overhead line and a building or in a span between one building and another building shall be insulated conductors. (3) The point of attachment of a service line shall- (a) where connected to an overhead line, be at a support except for vertical service connections not exceeding 3.048 metres in length; (b) where connected to a building, be at a terminating device securely fixed to the building. (4) Subject to the provisions of regulations 15, 20 and 42, the height above ground of a line conductor shall be not less than the appropriate height set out in the Third Schedule: Provided that the height above ground of a low-voltage or medium-voltage insulated line conductor shall be not less than- (i) where a service line is used in the terminal span of a connection between an overhead line and a building or in a span between one building and another building, 3.048 metres at any point up to and including the point of attachment to the building where the line does not cross over a road normally accessible to vehicular traffic; (ii) where the line does cross over a road normally accessible to vehicular traffic, 4.2672 metres. (5) Subject to the provisions of regulations 15, 20 and 42, the height above a road surface of earth conductors, stay-wires and cradles fitted between supports shall be not less than 5.4864 metres over roads normally accessible to vehicular traffic. (6) The minimum height or clearance required by these Regulations shall be maintained under any conditions of loading and temperature likely to occur in the area concerned.
(7) A conductor, other than an earth conductor, leading to or from a transformer or other apparatus at a pole-mounted substation shall, at all points below a height of 3.6576 metres from the ground, be insulated and, in the case of a high-voltage conductor, shall have earthed metal sheathing or screening. 42. Where an overhead line crosses a permanent railway track having a gauge of not less than 9.144 centimetres, the following conditions shall apply: (a) the height above the rail of an earth conductor, stay-wire or cradle shall be not less than 7.0104 metres and of a line conductor shall be not less than the appropriate height set out in the Fourth Schedule; (b) there shall be no joints in the crossing span; (c) a crossing shall be made at right angles or as near thereto as practicable: Provided that where the angle of crossing is less than 70 degrees, such crossing shall be the subject of a special agreement with the authority responsible for the operation of the railway; (d) the length of span at a crossing shall be as short as is reasonably practicable; (e) notwithstanding the provisions of sub-regulation (4) of regulation 44, conductors used at a crossing shall be stranded and be not less than 0.1613 square centimetres cross-sectional area copper or its equivalent conductivity.Overhead lines crossing railway tracks 43. (1) Where a high-voltage overhead line crosses a low-voltage or medium-voltage overhead line or where line conductors forming part of such different systems are erected on the same supports, provision shall be made to guard against the lower voltage system being charged above its normal voltage by the higher voltage system.Different voltages in proximity (2) Where a pilot circuit is installed and operated as part of an overhead line system, the provisions of sub-regulation (1) shall apply and such pilot circuit shall be installed and operated with due regard to any dangers which may arise from its use. 44. (1) In calculating the strength of the various constituent parts, including supports, of an overhead line, the following basic design conditions shall be assumed: (a) a minimum temperature of 30 degrees Fahrenheit; (b) the wind pressure acting on the projected area of line conductors and supports not exceeding 12.192 metres in height shall be not less than 5.4 kilograms per square metre and of those exceeding 12.192 metres but not exceeding 36.576 metres in height shall be not less than 6.75 kilogramms per square metre. In the case of conductors, earthwires and round, elliptical or hexagonal poles used as supports, the area on which the pressure acts shall be taken as 60 per centum of the projected area and in the case of lattice or composite structures as one and a half times the projected area of the constituent parts on one side. In the design of spans of over 121.192 metres,
the assumed wind load on conductors and earthwires may be reduced to 70 per centum of the calculated load. In the design of conductor spans, due regard shall be given to the possibility of injurious conductor vibration by wind effects.Loading conditions and factors of safety (2) A support shall be designed so that the failing load under operating conditions shall be not less than the resultant of simultaneous horizontal and vertical loads calculated in accordance with these Regulations, multiplied by the following factors: (a) where the support is of metal, 2.5; (b) where the support is of concrete, 2.5; (c) where the support is of wood, 3.5. (3) The load in a line conductor, earth conductor, insulator, joint or cradle component or an associated fitting under operating conditions shall not exceed 50 per centum of its ultimate breaking load. (4) Notwithstanding the provisions of this regulation, the minimum permissible size for a single line conductor shall be such as to have an ultimate breaking load of not less than 359.55 kilogramms and shall be not less in gauge than No. 10 British Standard Wire Gauge. 45. (1) Where a protective device is installed in terms of regulation 32 to make a line conductor dead, the earthing system of the overhead line with which the system is associated shall be tested at at least one point by the undertaker or by a person authorised by him- (a) before commissioning such overhead line; (b) thereafter at intervals of not more than six years; and repaired if necessary.Periodic testing and inspecting (2) The purpose of a test made in terms of sub-regulation (1) shall be to ensure that the leakage resulting from contact of negligible resistance between a line conductor and any metal-work connected with earth is sufficient to operate the protective device. (3) An overhead line, pole-mounted substation, outdoor substation and support shall be inspected from ground level or above by the undertaker or by a person authorised by him- (a) within six years after the 1st December, 1961, if erected before that date; (b) before commissioning, if erected on or after that date; (c) in all cases thereafter at intervals not exceeding six years after the date of inspection referred to in paragraph (a) or (b); and repaired if necessary. (4) A test or inspection made in terms of this regulation shall be recorded by the person making the test or inspection and such record shall be retained by
the undertaker until the next test or inspection is made. 46. There shall be fixed in a prominent position at every pole-mounted substation a notice of durable material inscribed with the word "DANGER" in red letters at least 3.175 centimetres in height, together with a red danger-symbol all on a white background.Warning notices 47. In order to prevent as far as is reasonably practicable climbing which has not been authorised by the undertaker, an anti-climbing device shall be fitted- (a) at every support for a pole-mounted substation; (b) at every support which has broken surfaces within 3.048 metres of the ground.Unauthorised climbing PART VI PROTECTIVE MULTIPLE EARTHING 48. On any part of his system where an undertaker is satisfied that more than one connection with earth of a pole or neutral point referred to in sub-regulation (2) of regulation 14 is necessary in order to improve the general factor of safety in relation to earthing of metal-work, the method of providing any additional connections shall- (a) be in accordance with the provisions of this Part; (b) be known as protective multiple earthing or P.M.E.Description 49. Before providing protective multiple earthing, an undertaker shall obtain the consent in writing of the Postmaster-General in terms of regulation 11 of the Lines Protection Regulations.Consent Cap. 795 of the 1971 edition 50. Protective multiple earthing shall- (a) only be applied to mains and associated service lines operating at low voltage or medium voltage; (b) when so applied, extend to every such main and line of a group supplied with electricity from a common transformer at the said voltage: Provided that no such main, line or group shall be directly interconnected in a permanent manner with any other main, service line or group supplied with electricity from any part of another system not similarly earthed.Limitations 51. A transformer which is to supply the low voltage or medium voltage to a main or service line provided with protective multiple earthing shall be so arranged that- (a) an earthing connection is taken from the metal core or metal-work closely associated with the higher voltage winding to an earth electrode; (b) another earthing connection is taken from the neutral point on the low-voltage or medium-voltage winding to the same earth electrode or to another earth electrode with its own resistance area.Connections at transformer
52. (1) Where a cable is used in a main or service line provided with protective multiple earthing and is laid underground, such cable shall- (a) have a neutral conductor of the same material as, and be of a cross-sectional area not less than, any phase conductor; (b) have metal sheathing or metal armouring.Use of cables (2) The metal sheathing or metal armouring or, if the cable has both metal sheathing and metal armouring, the metal sheathing and the metal armouring and the neutral conductor referred to in sub-regulation (1) shall be bonded together and also bonded to- (a) the earthing connection referred to in paragraph (b) of regulation 51 at the transformer position; (b) an earth electrode installed- (i) by the undertaker at points at or near the end of each distributing main or service line; or (ii) by the consumer at or on his premises by arrangement with and to the satisfaction of the undertaker; or (iii) by the undertaker and the consumer in accordance with the provisions of sub-paragraphs (i) and (ii). 53. (1) Where an overhead line is used in a distributing main or service line provided with protective multiple earthing, such line shall- (a) have a neutral conductor of the same material as, and of a cross-sectional area not less than, any phase conductor; or (b) have two neutral conductors of the same material as, and each of a cross-sectional area not less than one-half, that of any phase conductor.Use of overhead lines (2) The neutral conductor or the two neutral conductors referred to in paragraph (a) or (b) of sub-regulation (1) shall be bonded to- (a) the earthing connection referred to in paragraph (b) of regulation 51 at the transformer position; (b) earth electrodes installed- (i) by the undertaker at regular intervals as far as practicable along the route of the line, at branching points and at the final pole of each main or service line remote from the supply transformer; or (ii) by the consumer at or on his premises by arrangement with and to the satisfaction of the undertaker; or (iii) by the undertaker and the consumer in accordance with the provisions of sub-paragraphs (i) and (ii). 54. (1) Where an underground cable and an overhead line are used in association with each other in a main or service line provided with protective
multiple earthing, the provisions of regulations 52 and 53 shall apply respectively to such cable and line except that the bonding to the earth connection at the transformer position referred to in paragraph (a) of sub-regulation (2) of regulations 52 and 53 may be omitted in the case of- (a) an underground cable which starts at a position remote from the transformer if such cable is fed from an overhead line; or (b) an overhead line which starts at a position remote from the transformer if such line is fed from an underground cable:Use of cables and overhead lines Provided that the overhead line referred to in paragraph (a) or the underground cable referred to in paragraph (b) has such bonding to the earth connection at the transformer position. (2) At every point where an underground cable and an overhead line referred to in sub-regulation (1) are connected with each other, each neutral conductor of the said cable and line and the metal sheathing or metal armouring of the cable shall be bonded together. 55. The provisions of regulation 51, 52, 53 or 54 shall not have been complied with until it has been established that the overall resistance to earth of a neutral conductor- (a) is such that the fuse, circuit-breaker or other protective device on the high-voltage side of the transformer will operate safely in the event of a breakdown between the transformer windings; (b) does not exceed ten ohms; (c) is such that the provisions of regulation 32 relating to electrical leakage or of regulation 33 relating to arc-suppression coils where applicable can be complied with efficiently.Overall resistance 56. No fuse, switch, circuit-breaker, link or other means for interrupting continuity, other than a bolted link, shall be inserted in a neutral or earth conductor used for protective multiple earthing purposes.Neutral to be unbroken 57. In complying with the provisions of sub-regulation (1) of regulation 30 and subject to the provisions of regulation 18, the undertaker shall first satisfy himself in regard to the consumer's installation that- (a) metal-work enclosing, supporting, or in proximity to or likely to come into contact with the electrical wiring is bonded together by one or more earth-continuity conductors; (b) the overall resistance to earth of the consumer's earthing system and the associated earthing system is such that the provisions of regulation 32 relating to earth leakage can be complied with efficiently; (c) the provisions of regulation 56 have been complied with on the consumer's side of the supply terminals.Consumer's earthing PART VII STANDARDS OF MEASUREMENT
58. (1) The fundamental electrical units of measurement shall be- (a) the ohm; (b) the ampere; (c) the volt;Fundamental electrical units and the value of each shall be as set out in Part I of the Fifth Schedule. (2) Denominations of standards for the fundamental electrical units referred to in sub-regulation (1) shall be as set out in Part II of the Fifth Schedule. (3) Limits of accuracy attainable in the use of standards denominated in sub-regulation (2) shall be as set out in Part III of the Fifth Schedule. 59. The electrical unit for the measurement of electricity shall be the kilowatt-hour and the value of such unit shall be derived from the fundamental units referred to in regulation 58 and shall be as set out in Part IV of the Fifth Schedule.Derived electrical units of energy 60. (1) The amount of electricity supplied by the undertaker shall, except where otherwise agreed between the consumer and the undertaker, be ascertained by means of an appropriate meter or meters to be supplied by the undertaker.Measurement of electricity (2) In addition to a meter which may be placed upon the premises of a consumer to ascertain the amount of the supply, the undertaker may place upon those premises such meter or other apparatus as he may desire for the purpose of ascertaining or regulating the amount of electricity supplied to the consumer, the number of hours during which the supply is taken, the maximum rate of supply taken by the consumer or any other quantity or time connected with the supply. (3) A meter used by an undertaker for measuring a supply to a consumer of electricity in kilowatt-hours shall have permissible limits of error in registration not exceeding three per centum above nor three per centum below a true and precise registration of kilowatt-hours. (4) If a dispute arises between a consumer and the undertaker with reference to the measurement of electricity, the provisions of regulation 5 shall apply to such dispute. PART VIII OFFENCES AND PENALTIES 61. (1) Subject to the provisions of paragraphs (a) and (b) of sub-regulation (2) of regulation 4 and of sub-regulation (3) of that regulation, an undertaker or a person authorised by him who erects or operates electrical works for or in connection with the generation, transmission, distribution, connection, installation and use of electricity, whether on the premises of the undertaker or the consumer or elsewhere, where such works are constructed, operated, maintained, repaired, tested or inspected otherwise than in accordance with the provisions of these Regulations shall be guilty of an offence.Offences and penalties (2) Any person who is guilty of an offence in terms of sub-regulation (1) shall
be liable to a fine not exceeding three thousand penalty units or, in default of payment, to imprisonment for a period not exceeding twelve months. (As amended by Act No. 13 of 1994) FIRST SCHEDULE (Regulation 2) PRESCRIBED FORMS
FORM NO. 1 (Regulations 5, 10, 11 and 12) THE ELECTRICITY ACT NOTICE FROM UNDERTAKER TO CONSUMER Notice to a consumer from an undertaker declining a supply of electricity. From (1) (1) Here state full name and address of undertaker To (2) (2) Here state full name and address of consumer IT is hereby declared that a supply of electricity to your premises at- (3) (3) Here state relevant address (a) was not permanently connected; (b) was not commenced; (c) was discontinued; (d) will be discontinued; (a), (b), (c), (d) Delete the words which are not appropriate. (i) to the whole of; (ii) to a part of; (i), (ii) Delete the words which are not appropriate. your electrical installation, in terms of section 14 of the Act, and of (e) regulations of the Electricity (Supply) Regulations, because- (e) Add number of regulation (4)
(4) Here state full reasons It is recommended that- (5) (5) Here state recommendations The supply of electricity will not be connected or resumed until the defects have been safely remedied. (6) Signed (6) To be signed and dated by a responsible officer at Date .................................. for and on behalf of (7) (7) Here state name of undertaker FORM NO. 2 (Regulation 18) THE ELECTRICITY ACT NOTICE FROM CONSUMER TO UNDERTAKER Notice to an undertaker from a consumer certifying the condition of the consumer's electrical installation. From (Name and address of consumer)
To (Name and address of undertaker) I attach hereto a certificate in respect of the condition of my electrical installation . Signed Date ........................... (Consumer's signature) I (Name and address of certifier) of (Name and address of firm or company) am a/an (Occupation, trade or profession) and I hereby declare that I am competent to make and sign this certificate and do hereby certify as follows: 1. That the electrical installation in entirety/in part comprising (Description of part) at (Address of premises) (a) was installed by me/by ; and (Name and address of contractor or other person) (b) was inspected and tested by me; fully in accordance with the recommendations contained in an edition current at the date of this certificate of the Safety Code for the electrical wiring of premises issued by the Standards Association of Zambia in respect of those sections of the installation falling within the scope of the Safety Code. 2. That to the best of my knowledge and belief the said electrical installation in entirety/in respect of the part described- (a) complies with the Wiring Regulations;
(b) is in a fit and proper condition to operate safely if connected to the intended supply of electricity; (c) can be so connected without risk of a dangerous electrical leakage occurring, Signature of Certifier Witness Date at on ............................................ 19...................
SECOND SCHEDULE (Regulations 17 and 20) SECTION CLEARANCES Minimum clearance from any point on Normal operating voltage or about the permanent equipment between bare line conductors where a man may be required to stand (measured from the position of the feet)- To the nearest part not at earth To the nearest potential of an unscreened live insulator conductor in air supporting a live conductor metres metres 1. Not exceeding 15,000 volts . . 2.62128 2.4384 2. Exceeding 15,000 volts but not exceeding 33,000 volts . . 2.7432 2.4384 3. Exceeding 33,000 volts but not exceeding 44,000 volts . . 2.92608 2.4384 4. Exceeding 44,000 volts but not exceeding 66,000 volts . . 3.048 2.4384 5. Exceeding 66,000 volts but not exceeding 88,000 volts . . 3.23088 2.4384 6. Exceeding 88,000 volts but not exceeding 110,000 volts . . 3.3528 2.4384 7. Exceeding 110,000 volts but not exceeding 132,000 volts . . 3.53568 2.4384 8. Exceeding 132,000 volts but not exceeding 165,000 volts . . 3.84048 2.4384 9. Exceeding 165,000 volts but not exceeding 220,000 volts .. 4.2672 2.4384 10. Exceeding 220,000 volts but not exceeding 275,000 volts .. 4.572 2.4384 11. Exceeding 275,000 volts but not exceeding 330,000 volts .. 5.1816 2.4384
NOTES (a) The above provisions concern the means of access for works which are permanently available, such as fixed ladders or platforms attached to structures. The means of access shall also comprise the structures themselves and the tops of circuit breakers of transformers if a man is required to stand on them to carry out work. The provisions do not apply to portable ladders, cradles or similar equipment, the use of which is governed by the general instructions issued by the undertaker in terms of regulation 17. (b) Portable ladders and platforms specially designed for specific maintenance work, and so arranged that they cannot readily be employed in any way other than that intended, shall be considered as permanent means of access for the purpose of safety clearances. THIRD SCHEDULE (Regulation 41) MINIMUM HEIGHTS OF OVERHEAD LINES In any position Normal operating voltage between Over roads normally except where line conductors accessible to otherwise specified vehicular traffic in these Regulations 1. Not exceeding 650 volts . . 5.4864 metres 4.8768 metres 2. Exceeding 650 volts but not exceeding 33,000 volts . . 5.7912 metres 5.1816 metres 3. Exceeding 33,000 volts but not exceeding 88,000 volts . . 6.096 metres 6.096 metres 4. Exceeding 88,000 volts but not exceeding 132,000 volts . . 6.7056 metres 6.7056 metres 5. Exceeding 132,000 volts but not exceeding 275,000 volts . . 7.0104 metres 7.0104 metres 6. Exceeding 275,000 volts . . 7.3152 metres 7.3152 metres FOURTH SCHEDULE (Regulation 42) MINIMUM HEIGHTS OF OVERHEAD LINES CROSSING RAILWAY TRACKS
Minimum height Normal operating voltage between line conductors above rail 1. Not exceeding 33,000 volts . . . . . . . . . . . . 7.62 metres 2. Exceeding 33,000 volts but not exceeding 88,000 volts . . . . 7.9248 metres 3. Exceeding 88,000 volts but not exceeding 132,000 volts . . . . 8.5344 metres 4. Exceeding 132,000 volts but not exceeding 275,000 volts . . . . 8.8392 metres 5. Exceeding 275,000 volts . . . . . . . . . . 9.144 metres FIFTH SCHEDULE (Regulations 58 and 59) PART I FUNDAMENTAL UNITS The fundamental electrical units are the units agreed as such at an international conference on electrical units and standards held in London in October, 1908 (the magnitude thereof being determined on the electromagnetic system of measurement, with reference to the centimetre as the unit of length, the gram as the unit of mass and the second as the unit of time), and comprising- (a) the ohm, the unit of electrical resistance, the value thereof being one thousand million in terms of the centimetre and the second; (b) the ampere, the unit of electrical current, the value thereof being onetenth in terms of the centimetre, the gram and the second; (c) the volt, the unit of electromotive force, the value thereof being one hundred million in terms of the centimetre, the gram and the second. PART II DENOMINATIONS OF STANDARDS 1. Electrical Resistance. A standard of electrical resistance denominated one ohm, agreeing in value with the limits of accuracy specified in Part III with that of the fundamental unit in paragraph (a) of Part I, and being the resistance between the copper terminals of the instrument marked "Board of Trade
Ohm Standard Verified 1894 and 1909" to the passage of an unvarying electrical current, when the coil of insulated wire forming part of the instrument aforesaid is in all parts at a temperature of fourteen decimal nine degrees centigrade. 2. Electrical Current. A standard of electrical current denominated one ampere, agreeing in value within the limits aforesaid with that of the fundamental unit in paragraph (b) of Part I, and being the current which is passing in and through the coils of wire forming part of the instrument marked "Board of Trade Ampere Standard Verified 1894 and 1909" when, on reversing the current in the fixed coils, the change in the forces acting on the suspended coil in its sighted position is exactly balanced by the force exerted by gravity in Teddington in the United Kingdom upon the iridioplatinum weight marked A and forming part of the said instrument. 3. Electrical Pressure. A standard of electrical pressure denominated one volt, agreeing in value within the limits aforesaid with that of the fundamental unit in paragraph (c) of Part I, and being onehundredth part of the pressure which, when applied between the terminals forming part of the instrument marked "Board of Trade Volt Standard Verified 1894 and 1909 and 1948", causes that rotation of the suspended portion of the instrument which is exactly measured by the coincidence of the sighting wire with the image of the fiducial mark A before and after the application of the pressure, and with that of the fiducial mark B during the application of the pressure, these images being produced by the suspended mirror and observed by means of the eyepiece. 4. The coils and instruments referred to herein are deposited at the National Physical Laboratory at Teddington, Middlesex, in the United Kingdom. PART III LIMITS OF ACCURACY The limits of accuracy attainable in the use of the standards denominated in Part II are- (a) for the ohm, within onehundredth part of one per centum; (b) for the ampere, within onetenth part of one per centum; (c) for the volt, within onetenth part of one per centum. PART IV DERIVED ELECTRICAL UNIT OF ENERGY The derivation of the kilowatthour as the lawful electrical unit for the measurement of electricity shall be from the fundamental units described in Part I. Thus one watt (the practical unit of power) shall be equal to the amount of energy expended per second by an unvarying current of one ampere with a steady applied voltage of one volt. For the purpose of expressing watts in terms of voltage and resistance, or current and resistance, the steady voltage applied to a constant resistance shall be equal to the unvarying current in amperes multiplied by the value of the resistance in ohms. In an alternating-current circuit the product of the instantaneous value of the amperes and the volts represents the instantaneous value of the power and
the algebraic mean value of the instantaneous values over one second shall be the power in watts provided that the frequency is fifty cycles per second. One watt-hour shall be equal to the energy expended in one hour when the power is one watt, and a kilowatt-hour shall be equal to one thousand watt-hours. THE ELECTRICITY (WIRING) REGULATIONS ARRANGEMENT OF REGULATIONS PART I PRELIMINARY Regulation 1. Title and commencement 2. Interpretation PART II GENERAL 3. Administration 4. Application 5. Procedure as to settlement of disputes 6. Prior notification to undertaker 7. Accommodation to be provided 8. Meter panels and connections 9. Custody of undertaker s property 10. Disconnection in certain circumstances 11. Connection of neutral with earth 12. Protection of telegraphs 13. Guidance and instructions 14. Certificate of inspection and test PART III CONSTRUCTION OF CONSUMERS' INSTALLATIONS 15. Design and mechanical protection 16. Electrical protection 17. Isolation and control position
18. Earthing of metal-work 19. Protection against earth leakage 20. Arc-suppression coils 21. Earthing of installation 22. Electrode boilers Regulation 23. Auto-transformers 24. Capacitors 25. Substations 26. Outdoor substations PART IV UNDERGROUND CABLES 27. Construction and installation 28. Joints and connections 29. Metallic protection for high voltage cables 30. Identification and testing PART V OVERHEAD LINES 31. Application of Part V 32. Constructional requirements 33. Minimum heights and insulation 34. Unmetered service lines 35. Overhead lines crossing railway tracks 36. Different voltages in proximity 37. Loading conditions and factors of safety 38. Periodic testing and inspecting 39. Danger notices 40. Unauthorised climbing of supports PART VI
PROTECTIVE MULTIPLE EARTHING 41. Provision of protective multiple earthing 42. Consent of Postmaster-General 43. Limitations 44. Connections at transformer 45. Use of cables 46. Use of overhead lines Regulation 47. Use of cables and overhead lines 48. Overall resistance 49. Neutral to be unbroken 50. Separate installation PART VII PRIVATE GENERATION AND SUPPLY 51. Private ownership 52. Protection of generators 53. Fire precautions 54. Plant rooms 55. Protection of batteries 56. Installation of batteries 57. Labelling 58. Interconnection PART VIII OFFENCES AND PENALTIES 59. Offences and penalties FIRST SCHEDULE-Minimum section clearances SECOND SCHEDULE-Certificate of inspection and test THIRD SCHEDULE-Minimum heights of overhead lines
FOURTH SCHEDULE-Minimum heights of overhead lines crossing railway tracks FIFTH SCHEDULE-Minimum requirements for protection of private generators SECTION 38-THE ELECTRICITY (WIRING) REGULATIONS Regulations by the Minister Federal Government Notice 405 of 1961 Statutory Instrument 157 of 1965 Act 13 of 1994 PART I PRELIMINARY 1. These Regulations may be cited as the Electricity (Wiring) RegulationsThese Regulations made under the repealed Act are continued in operation by section fifteen of the Interpretation and General Provisions Act (Cap. 2).* and shall be deemed to have come into operation on the 1st December, 1961. * These Regulations made under the repealed Act are continued in operation by section fifteen of the Interpretation and General Provisions Act (Cap. 2).Title and commencement 2. In these Regulations, unless the context otherwise requires-Interpretation "cable" means an insulated conductor or an assemblage of such conductors enclosed within a common sheathing; "conductor" means a bar, tube, wire or line used for conducting electricity; "consumer" means a person, other than an undertaker, who is supplied or who has made application to be supplied with electricity by an undertaker; "consumer's installation" means the consumer's electrical wiring together with any electricity consuming device connected with such installation; "danger notice" means a notice of durable material inscribed with the word "DANGER" in red letters at least one and one-quarter inches in height together with a red symbol illustrating a skull and crossbones all on a white background; "earthed" and "connected with earth" mean connected with the general mass of earth in such manner as will ensure at all times an immediate and efficient discharge of electricity, and cognate expressions shall be construed accordingly; "electric line" means a cable, overhead line or other means used or intended to be used for the purpose of conveying, transmitting or distributing electricity together with any casing, coating, covering, tube, pipe or insulator enclosing, surrounding or supporting the same, or any part thereof, or any apparatus connected therewith for the purpose of conveying, transmitting or distributing electricity;
"electrical inspector" means a person referred to in regulation 3 of the Supply Regulations; "extra-low voltage" means normal operating voltage not exceeding 30 volts alternating current or 50 volts direct current; "failing load" means a load on a support which, if exceeded, will result in the conductor not being supported in accordance with these Regulations; "high voltage" means normal operating voltage exceeding 650 volts; "insulated conductor" means a conductor covered with insulation suitable for the normal operating voltage; "insulation" means nonconducting material enclosing, surrounding, or supporting a conductor or any part thereof; "line conductor" means a conductor of an overhead line; "Lines Protection Regulations" means the General Post Office (Lines Protection) Regulations;Cap. 795 of the 1971 Edition "live" means electrically charged; "low voltage" means normal operating voltage exceeding 30 volts alternating current or 50 volts direct current but not exceeding 250 volts; "main" means an electric line through which electricity may be supplied or is intended to be supplied by the undertaker to a service line; "medium voltage" means normal operating voltage exceeding 250 volts but not exceeding 650 volts; "metal armouring" means metal wire or metal tape completely covering a cable and manufactured as an integral part of the cable; "metal sheathing" means a continuous and watertight metal sleeve surrounding a cable and manufactured as an integral part of the cable; "metal-work" means any metal-work other than- (a) a conductor and its associated live parts; or (b) an earth conductor; "overhead line" means a conductor erected above ground and in the open air and includes any pole-mounted substation associated therewith; "pole-mounted substation" means transformer equipment, high-voltage switchgear or high-voltage apparatus mounted on a support and associated with the operation and control of an overhead line; "private owner" means a person operating a plant which is rated at the site where it is installed at a capacity of less than one hundred kilowatts for the generation and supply of electricity at a voltage in excess of extra-low voltage solely for his own use or for use on his own premises;
"protective multiple earthing" means more than one connection with earth of the pole or neutral point earthed in terms of sub-regulation (2) of regulation 11; " service line" means an electric line through which electricity may be supplied or is intended to be supplied by the undertaker to a consumer either from a main or directly from the premises of the undertaker; "Supply Regulations" means the Electricity (Supply) Regulations; "supply terminals" means the end of a service line at which the supply of electricity is delivered from such line to the consumer; "support" means a structure or pole for supporting an overhead line and includes any stay or strut associated therewith; "telegraph" or " telegraph line" means a telegraph or telegraph line, as the case may be, as defined in section two of the Posts and Telegraphs Act;Cap. 795 of the 1971 Edition "voltage" means the electro-motive force existing between any pair of live conductors forming part of the common supply of electricity or between any part of either of such conductors and earth and, in the case of alternating current, means the virtual voltage or root-mean-square value as determined by the square-root of the mean or average value of the squares of the instantaneous values of the voltage during one complete cycle. PART II GENERAL 3. Subject to the directions of the Minister, the Chief Electrical Inspector referred to in regulation 3 of the Supply Regulations shall administer these Regulations.Administration 4. (1) Subject to the provisions of sub-regulations (2) and (3) and of regulation 51, the provisions of these Regulations shall apply to every consumer and every private owner.Application (2) The provisions of Parts III, IV and V shall not apply to- (a) the construction, installation, quality, alteration, operation, control, protection, inspection and testing of the parts of a consumer's or private owner's installation which are used exclusively for mining or factory purposes at a mine or factory where such parts comply with the electrical provisions of any written law or regulations relating to such construction, installation, quality, alteration, operation, control, protection, inspection and testing at a mine or factory; (b) the construction, installation and quality of a consumer's or private owner's installation, or any part thereof, installed or erected, or for the installation or erection of which an agreement was entered into, before the 1st December, 1961, until such installation or part thereof is altered or replaced after that date. (3) The provisions of regulation 25 shall not apply to the construction of a substation by a consumer or private owner for the accommodation of a high-voltage part of his installation where such substation complies with any
written law or by-law relating to its construction. (As amended by S.I. No. 157 of 1965) 5. Where a difference arises between a consumer and an undertaker in the application of these Regulations, the Minister may order an inquiry to be held in terms of section thirty-five of the Act.Procedure as to settlement of disputes 6. (1) Before any work is commenced on a new installation or on any alteration or extension to an existing installation, the consumer or the prospective consumer, as the case may be, shall- (a) advise the undertaker in writing with reference to-Prior notification to undertaker (i) the purpose, type and extent of the proposed work; (ii) the electrical loading of equipment for which the supply or additional supply, as the case may be, of electricity is required; (b) obtain from the undertaker in writing details of- (i) the type of current, number of phases and frequency, if alternating current, and voltage, at which the undertaker proposes to deliver electricity to the supply terminals; (ii) the undertaker's property which is to be accommodated in terms of regulation 7; (iii) the meter panel and connections required in terms of regulation 8; (iv) any omission of the consumer's main fuse or circuit-breaker; (v) earthing requirements; (vi) proposed tariff arrangements. (2) Where the work referred to in sub-regulation (1) is commenced- (a) it shall not thereafter be changed in relation to its purpose, type, extent and electrical loading except as may be agreed with the undertaker; (b) it shall be executed to suit the undertaker's stated details referred to in paragraph (b) of sub-regulation (1). 7. (1) A consumer requiring a supply of electricity, or a consumer receiving a supply of electricity who requires an alteration in the terms of his original electricity supply agreement involving a change in the undertaker's metering arrangements, shall, unless otherwise agreed in writing with the undertaker, provide all necessary accommodation on his premises for such of the undertaker's property as is necessary to provide the said supply or change in metering arrangements, as the case may be.Accommodation to be provided (2) Accommodation referred to in sub-regulation (1) shall be located at a position to be agreed between consumer and undertaker and be of a type, design and size required by the undertaker.
(3) Where the accommodation referred to in sub-regulation (1) is not inside a building, it shall be fully weatherproof and have no means of access other than a lockable door. (4) Where the accommodation referred to in sub-regulation (1) is located in a substation, switchroom or similar compartment designed solely for electrical purposes, such place shall have a lockable door and shall not be used for purposes other than accommodating the undertaker's property. (5) Where a group of shops, offices, flats, tenements or workshops is to be erected for occupation by separate tenants or a building is to be converted for such use, and it is intended that each tenant shall have an individually metered supply of electricity, the owner of the building shall- (a) provide such accommodation at one or more places as may be required by the undertaker for his meters and other property; and (b) ensure that each tenant has- (i) free access to the meter registering the tenant's supply of electricity for checking and inspecting purposes; and (ii) a main switch and fuses or a circuit-breaker necessary for controlling the tenant's supply of electricity situated in that part of the building occupied by the tenant. 8. Unless otherwise agreed in writing with the undertaker, a consumer providing accommodation in terms of regulation 7 shall- (a) supply and fix in a manner and at a position to be agreed between consumer and undertaker a meter panel of the size, type, design and construction required by the undertaker; (b) supply and fix such additional component parts as may be required for the operation of transformer metering where such metering is to be used; (c) supply all necessary meter loops and line and load connections; (d) where the service line to be used is an overhead line, supply and fix at a position to be agreed between consumer and undertaker internal service mains and roof shackles.Meter panels and connections 9. (1) A consumer shall take all reasonable steps necessary to ensure the safe custody of the undertaker's property installed on the consumer's premises for or incidental to the supply of electricity.Custody of undertaker's property (2) Accommodation provided by a consumer under the provisions of these Regulations for the undertaker's property shall be maintained by the consumer in a fit and proper state. (3) A consumer on whose premises is situate property belonging to an undertaker for or incidental to the supply of electricity shall not, in relation to the said property- (a) permit access thereto to a person other than-
(i) the undertaker; (ii) a person authorised by the undertaker; (iii) an electrical inspector; (b) unless permitted by the undertaker- (i) remove or attempt to remove the property from its position; (ii) remove or attempt to remove any lock or seal attached to the property; (iii) connect thereto or disconnect therefrom a consumer's installation or other electrical circuit; (iv) alter, adjust, handle, operate, tamper or interfere with the property in any way. 10. (1) Any part of a consumer's installation which is in such a faulty condition as to have caused, or as to be likely to cause, death or injury to any person or damage to any property shall, on such condition becoming known to the consumer or to a person authorised by him to operate the installation- (a) subject to the provisions of sub-regulation (2) of regulation 34, be immediately disconnected by that consumer or person from the supply of electricity; and (b) subject to the provisions of sub-regulation (3), not be reconnected until the faulty condition of the said part has been remedied.Disconnection in certain circumstances (2) Any part of a consumer's installation which due to a faulty condition is causing interference with the use of a telegraph line shall, on the faulty condition becoming known to the consumer or to a person authorised by him to operate the installation- (a) subject to the provisions of sub-regulation (2) of regulation 34, be disconnected by that consumer or person from the supply of electricity; and (b) subject to the provisions of sub-regulation (3), not be reconnected until the faulty condition of the said part has been remedied. (3) Any part of an installation disconnected in terms of sub-regulation (1) or (2) may be reconnected to a supply of electricity for testing purposes where such temporary reconnection can be made without risk to life or property. 11. (1) No consumer shall, without the consent in writing of the Postmaster-General in terms of regulation 11 of the Lines Protection Regulations- (a) except in the case of a conductor used solely for earthing purposes, connect with earth a conductor of an electric line which is connected to an alternating current system: Provided that-Connection of neutral with earth. Cap. 795 of the 1971 Edition
(i) the star or neutral point of a generator or transformer; or (ii) one pole of a generator or transformer directly connected to a single-phase two-wire low-voltage or medium-voltage electricity supply line; may, without such consent, be connected with earth at the point of generation or transformation; or (b) connect with earth a conductor of an electric line which is connected to a directcurrent system; or (c) use the general mass of earth as part of the return of a circuit connected to an electric line, other than the return necessary to operate protective devices on that line. (2) On a single-phase twowire or three-phase four-wire consumer's installation operating at low voltage or medium voltage supplied from the consumer's own generator or transformer, one generator or transformer winding directly supplying that voltage shall have- (a) if single-phase, one pole or its neutral point earthed; (b) if three-phase, its neutral point earthed. (3) Where a consumer's installation operates at a high voltage and is designed for operating with an earthed neutral, the neutral of the generator or transformer winding shall be earthed at the point of generation or transformation: Provided that where the generator or transformer feeds a remote transformer, via a transmission line, the neutral of the generator or transformer need not be earthed if the neutral of the remote transformer is earthed at the point of the remote transformation. (4) On a consumer's installation which is high voltage and designed for operating with an insulated neutral- (a) provision shall be made to indicate a displaced neutral; (b) precautions shall be taken against a breakdown of insulation. (5) Save for operational purposes on a consumer's high-voltage installation, a conductor which is connected to earth in terms of this regulation shall be uninterrupted by a fuse, switch, circuit-breaker, link or other means whilst any phase conductor of the installation remains live. 12. A consumer shall comply with the provisions of the Lines Protection Regulations where- (a) a cable laid by him crosses or is in close proximity to an underground telegraph line; or (b) an overhead line installed by him crosses or is in close proximity to an overhead telegraph line.Protection of telegraphs 13. (1) For the guidance of a person authorised by the consumer to operate, control or work on or near the consumer's installation, whether under
supervision or otherwise, where high voltage may be present the consumer shall issue instructions regarding the working procedure to be followed to ensure maximum safety.Guidance and instructions (2) The instructions referred to in sub-regulation (1) shall, where the person is engaged in inspection, testing, cleaning, repairs, painting or constructional or general maintenance work in proximity to live high-voltage conductors, require that person to observe the minimum section clearances set out in the First Schedule. 14. A consumer who wishes to supply a certificate for the purposes of sub-regulation (2) of regulation 10 or sub-regulation (1) of regulation 11 of the Supply Regulations, as read with sub-regulation (2) of regulation 18 of those Regulations, that his installation or part thereof has been inspected and tested shall furnish such certificate in the form set out in the Second Schedule.Certificate of inspection and test PART III CONSTRUCTION OF CONSUMERS' INSTALLATIONS 15. (1) The consumer's installation- (a) shall have conductors-Design and mechanical protection (i) sufficient in size and power for the purposes for which the supply of electricity is to be used; (ii) constructed, installed and protected so as to prevent, so far as is reasonably practicable, danger to person or property; (b) shall not be temporarily or permanently added to unless- (i) it has been ascertained that the current rating and condition of the existing installation which will have to carry the additional load and the earthing arrangements are adequate for the increased loading; (ii) the provisions of regulation 6 have been complied with. (2) Where the consumer's installation or any part thereof is exposed to weather, corrosive atmosphere or other adverse conditions, the installation or that part shall be so constructed and, additionally or alternatively, protected as to prevent danger to person or property arising from such exposure: Provided that, where the conditions comprise exposure to inflammable surroundings or an explosive atmosphere, the consumer's installation shall be- (i) protected by a flameproof enclosure of an appropriate standard of construction; or (ii) be of such construction as to prevent danger; or (iii) have intrinsically safe characteristics as to prevent danger to person or property. (3) Conductors and live parts of a consumer's installation shall be-
(a) insulated and further effectively protected where necessary; or (b) so placed and safeguarded; as to prevent, so far as is reasonably practicable, danger to person or property. (4) Medium-voltage conductors and medium-voltage live parts of a consumer's installation shall be- (a) completely enclosed in earthed metal which is electrically continuous and adequately protected against mechanical damage; or (b) so constructed, installed and protected as to prevent, so far as is reasonably practicable, danger to person or property. (5) Subject to the provisions of regulation 29, high-voltage conductors and high-voltage live parts of a consumer's installation shall- (a) be completely surrounded and protected by earthed metal; or (b) have the minimum section clearances set out in the First Schedule; or (c) be so guarded by a protective barrier as to prevent inadvertent touching or dangerous approach by a person standing at floor-level or on a walkway, stairway or working platform. 16. (1) Every distinct circuit of a consumer's installation shall be protected against excess current by means of a suitable fuse or automatic circuit-breaker- (a) of adequate breaking capacity; and (b) suitably located and of such construction as to-Electrical protection (i) prevent danger from overheating, arcing or the scattering of hot metal when it comes into operation; (ii) permit the ready renewal of the fusible metal without danger to person or property. (2) No fuse, non-linked switch or non-linked circuit-breaker shall be inserted in a conductor connected with earth. (3) A single-pole switch may only be inserted in a live conductor. 17. (1) Except in the case of an unmetered service line, effective means suitably placed for ready operation shall be provided so that all voltage may be cut off from every part of a consumer's installation as may be necessary to prevent danger, and such means shall include a fireman's emergency switch on the exterior of a building where necessary to disconnect a high-voltage discharge-lamp installation or an electrified barrier.Isolation and control position (2) An electricity consuming device which requires operation or attention in normal use shall be so installed that adequate means of access and working space are afforded for such operation or attention.
(3) An electric motor shall be controlled by an efficient switch or switches for starting and stopping and the said switch or switches shall be so placed as to be readily accessible to and easily operated by the person in charge of the motor. 18. (1) Metal-work of a consumer's installation enclosing, supporting or otherwise associated with conductors operating at a voltage in excess of extra-low voltage shall, where necessary to prevent danger, be connected with earth.Earthing of metal-work (2) Metal-work attached to or forming part of a metal or reinforced concrete support and any metal transformer case or metal switch handle mounted thereon shall be connected with earth. (3) Subject to the provisions of sub-regulation (4), metal-work attached to or forming part of a wooden support which is liable to become dangerous because of leakage across or failure of the insulation shall- (a) if the metal-work is not more than 3.048 metres above the ground, be connected with earth; (b) where the metal-work is more than 3.048 metres above the ground, be connected with earth or have effective secondary insulation sufficient to withstand the voltage to earth. (4) Where mounted on a wooden support- (a) a metal transformer-case together with its associated metal-work and any metal switch handle shall be connected with earth; (b) a high-voltage switch with a switch handle not more than 3.048 metres above the ground shall have inserted in the operating rod between the switch handle and the switch an insulator capable of withstanding the normal operating voltage. (5) A metal cradle or stay-wire shall- (a) be connected with earth; or (b) have inserted insulation capable of withstanding the normal operating voltage. (6) Metal armouring or metal sheathing, except sheathing intended for use as a concentric neutral conductor at earth potential, shall- (a) be connected with earth; (b) have earth continuity maintained by a separate earth conductor across any joint-box or terminal enclosure associated with the cable; (c) where the joint-box or enclosure referred to in paragraph (b) is of metal, be bonded thereto. (7) Save as is otherwise provided in these Regulations, any metal-work associated with or forming part of the consumer's installation shall, unless isolated from and not likely to come into contact with live parts or with earthed metal-work, be connected with earth.
19. (1) Every circuit of a consumer's installation shall be protected against the persistence of earth leakage currents liable to be a danger to person or property.Protection against earth leakage (2) Where metal-work is earthed in accordance with the provisions of these Regulations, the associated earthing system shall- (a) incorporate a protective device which makes any live conductor or live part dead when there is leakage such as is referred to in sub-regulation (1) between that live conductor or live part and any metal-work connected with earth; and (b) be so designed, constructed and maintained that the leakage referred to in paragraph (a) is sufficient to operate the protective device. 20. In addition to the protective device referred to in paragraph (a) of sub-regulation (2) of regulation 19, an arc-suppression coil may be inserted between the transformer or generator neutral and earth in such a manner as to ensure that, in the event of a live conductor or live part coming into contact with earth or with any metal-work connected with earth, an arc between that conductor or part and earth shall be immediately suppressed and the voltage of that conductor or part shall be so reduced as to prevent, as far as reasonably practicable, danger to person or property.Arc-suppression coils 21. (1) Where an undertaker operates a protective multiple earthing system in accordance with the provisions of Part VI of the Supply Regulations and interconnects with his own earthing arrangements the main earthing conductor of the consumer's installation, before supplying a consumer with electricity therefrom an earth electrode or electrodes shall be installed by the consumer at or on his premises by arrangement with and to the satisfaction of the undertaker and shall also be interconnected with the said earthing arrangements.Earthing of installation (2) Save as is provided in sub-regulation (1), where there is an interconnection between the earthing arrangements of the undertaker and the main earthing conductor of the consumer's installation, the consumer shall comply with the conditions considered necessary by the undertaker in terms of sub-regulation (2) of regulation 30 of the Supply Regulations. (3) Where there is no interconnection between the earthing arrangements of the undertaker and the main earthing conductor of the consumer's installation, the consumer shall provide and install his own earthing arrangements to ensure compliance with the provisions of these Regulations. (4) An earth electrode of a consumer shall be so installed that no voltage gradient is maintained at ground level which may cause danger to life. 22. (1) In this regulation-Electrode boilers "electrode boiler" includes an electrode type waterheater. (2) Before connecting an electrode boiler to a supply of electricity, the consumer shall obtain the consent in writing of the Postmaster-General in terms of regulation 11 of the Lines Protection Regulations.Cap. 795 of the 1971 Edition
(3) An electrode boiler shall- (a) be used only on alternating current; (b) have an isolating and protecting circuit-breaker. (4) The circuit-breaker referred to in paragraph (b) of sub-regulation (3) shall- (a) be of the multi-pole linked type arranged to disconnect the supply from all electrodes simultaneously; (b) have an over-current protective device for each electrode; (c) have a locking-off device to prevent the electrode boiler inadvertently being made live whilst a person is working thereon; (d) if arranged for direct hand operation from a position near to the boiler, be readily accessible and visible to a person using the boiler; (e) if not arranged for direct hand operation from a position near to the boiler, have remote control by a hand-operated switch or pushbutton- (i) with a lamp or other instrument to provide visual indication of the "ON" and "OFF" condition of the electricity supply fixed at or near the boiler; and (ii) readily accessible and visible to a person using the boiler; (f) where the boiler is to be operated at high voltage, have automatic tripping in the event of phase currents becoming unbalanced to the extent of ten per centum of the full load current of the boiler: Provided that- (i) the margin may be increased to fifteen per centum where the higher setting is essential to ensure operational stability; (ii) an inverse time-element device may be associated with the automatic tripping to prevent unnecessary tripping where the unbalance is momentary or of short duration. (5) The earthing system of an electrode boiler shall, in addition to complying with the provisions of regulations 18 and 19, include- (a) the bonding together of- (i) the metallic shell and other metal-work of the boiler; (ii) any water pipes or steam pipes of metal in metallic contact with the said shell or other metal-work; (iii) any metal armouring or metal sheathing of a cable providing a supply of electricity to the said boiler; (b) the connection of bonded metal-work referred to in paragraph (a) to the neutral conductor and to the main earthing terminal of the consumer's installation.
(6) In the case of an electrode boiler the neutral conductor, main earthing conductor and bonding and the connections to such bonding shall have a current-carrying capacity not less than that of any live or phase conductor at all points except in a subsidiary tripping-circuit where the current-carrying capacity shall be in accordance with the designed tripping-circuit current. (7) An electrode boiler of a type other than a three-phase three-electrode balanced-load type shall not be connected to a supply of electricity otherwise than by means of a double-wound transformer situated within the same building as the said boiler or as close thereto as is practicable and on the same premises. 23. (1) An auto-transformer shall not be fed from a circuit operating at a voltage exceeding low voltage unless such auto-transformer is used- (a) in motor starting or control-gear; or (b) in conjunction with and installed adjacent to a capacitor which is employed for improving the power factor; or (c) in a high-voltage discharge-lighting circuit.Auto- transformers (2) An auto-transformer shall not be used to supply- (a) a socket-outlet; (b) a portable appliance unless the auto-transformer is contained therein; (c) an electric toy or model; (d) earthed concentric wiring; (e) an extra-low-voltage circuit. (3) An auto-transformer shall- (a) if used for step-up purposes- (i) be supplied only from a system in which the neutral conductor is earthed; (ii) have the neutral conductor connected to the common pole of the primary and secondary windings; (b) if used for step-down purposes, have the secondary winding insulated for the maximum voltage likely to be applied to the primary winding. (4) Where an auto-transformer is used for step-up purposes means of isolation required in terms of regulation 17 shall be arranged to disconnect all primary supply conductors simultaneously. 24. Save in the case of a capacitor- (a) incorporated in apparatus for the sole purpose of radio interference suppression; or (b) so small that no risk of electric shock can arise therefrom;Capacitors
a capacitor shall have a high resistance leak or other means for the prompt and automatic discharge of electricity immediately the supply thereto is disconnected. 25. (1) Subject to the provisions of sub-regulation (3) of regulation 4, a substation constructed by a consumer for the accommodation of a high-voltage part of his installation shall- (a) be substantially constructed and designed specifically for its intended purposes; (b) be so arranged-Substations (i) as to prevent, as far as practicable, access thereto except by a doorway or gateway; (ii) that no hinged door opens inwards; (c) enclose the said part of the installation in such a manner that it cannot readily be interfered with from outside; (d) be ventilated, kept dry and made vermin-proof, as far as practicable; (e) have fixed outside each entrance a danger notice; (f) have prominently displayed inside printed instructions as to the proper first-aid treatment of persons suffering from electric shock. (2) Subject to the provisions of sub-regulation (3) of regulation 4, a substation referred to in sub-regulation (1) constructed below ground level shall- (a) have adequate means of access by a door or trap door with a staircase or ladder securely fixed and so placed that no live part of a system or conductor is within reach of a person thereon; or (b) where a person is to be regularly employed therein, have the access referred to in paragraph (a) by door and staircase only. 26. (1) Any part of the consumer's installation for the transformation, control, regulation or switching of electricity in the open air shall, save as is otherwise provided for in Part IV or V- (a) be mounted on the supports of an overhead line; or (b) be enclosed by a fence not less than six feet in height fitted with a suitable anti-climbing device for the purpose of preventing access not authorised by the consumer; or (c) where the provisions of paragraph (a) or (b) are not complied with, have all parts below the height of ten feet from the ground completely enclosed in a metal casing.Outdoor substations (2) A danger notice shall be fixed to the supports, fence or metal casing, as the case may be, referred to in paragraph (a), (b) or (c) of sub-regulation (1). PART IV
UNDERGROUND CABLES 27. (1) An underground cable shall be fully insulated for the normal operating voltage and shall be of a type and construction and shall be laid or installed in a manner suited to its particular environment and having regard to- (a) the provisions of regulation 15; (b) the normal usage of the ground in which any part of it is to be laid; (c) foreseeable risk of damage to the cable and danger to persons, property and to other electrical services, water, gas, sewerage and telegraph services, railways and constructional works at or below ground level.Construction and installation (2) A component used with an underground cable shall be of a type and construction and shall be laid or installed in a manner suited to that cable and having regard to the provisions. (a) sub-regulation (1); (b) regulation 28 in circumstances whenever a cable joint or connection is necessary. 28. An electrical joint or connection associated with an underground cable shall be designed, constructed, installed and protected in such a manner that- (a) electrical conductivity is maintained satisfactorily; (b) its insulation, where insulation is necessary, is suitable for the normal operating voltage; (c) its mechanical strength is suited to its location and environment.Joints and connections 29. (1) Subject to the provisions of sub-regulation (3), a high-voltage underground cable shall be so laid or installed that it is completely surrounded and protected by earthed metal as provided by- (a) its own metal sheathing or metal armouring; or (b) an extraneous metallic covering.Metallic protection for high-voltage cables (2) Subject to the provisions of sub-regulation (3), a joint, connection or termination of a high-voltage underground cable shall be completely surrounded and protected by earthed metal. (3) In a power station, substation, switchroom or similar premises designed for electrical purposes, it shall not be necessary for a high-voltage cable, joint, connection or termination to be completely surrounded and protected by earthed metal where the cable, joint, connection or termination has the minimum section clearances or is guarded by the protective barrier required in terms of sub-regulation (5) of regulation 15. 30. (1) A neutral conductor of an underground cable shall, at its termination,
be permanently identified so that it is readily and uniformly distinguishable from other conductors.Identification and testing (2) Where two or more underground cables forming part of different circuits terminate at adjacent positions, each circuit shall- (a) be permanently labelled on its exterior or on its terminating box or component; or (b) have other means of identification; so that it is readily distinguishable from other circuits. (3) An underground cable shall be subjected to an insulation test after being laid or installed and before being connected to a supply of electricity, and it shall not be so connected if the connection would result in an electrical leakage which might be a danger to person or property. (4) No underground cable shall be permanently connected to a supply of electricity unless tests have been made- (a) to ensure compliance with the provisions of these Regulations and in particular of sub-regulations (l) and (2) and of regulation 19; and (b) to establish that there is electrical continuity of conductors. PART V OVERHEAD LINES 31. The provisions of this Part shall apply to overhead lines other than- (a) an overhead crane wire or trolley wire; (b) an overhead line consisting entirely of insulated conductors enclosed in earthed metal sheathing or earthed metal armouring; (c) a conductor used above ground and in the open air as a fence specially designed for the control of the movement of animals; (d) an overhead telegraph line; (e) an overhead line and substation within a fenced enclosure specially erected by the consumer operating such line and substation for the purpose of prohibiting entry not authorised by him where such fence is not less than 1.8288 metres in height and is fitted with a suitable anti-climbing device.Application of Part V 32. (1) Line conductors and earth conductors shall be of copper, cadmium copper, steel-cored copper, aluminium, steel-cored aluminium, aluminium alloy, copper-clad steel, galvanised steel, stainless-steel or any compatible combination of these materials.Constructional requirements (2) Cradle supporting wires and stay-wires shall be of stranded galvanised steel or a material of a strength and durability not less than that of stranded galvanised steel.
(3) A support shall be of wood, metal or reinforced concrete or a combination of these materials and, where wood or metal is used in the construction of a support, such wood or metal shall be protected, as far as is reasonably practicable, against decay or corrosion. (4) The diameter of a wooden support at a point 1.524 metres from the butt shall be not less than 15.24 centimetres. (5) Supports and the foundations thereof shall be constructed and placed having regard to the characteristics of the ground in which they are embedded and to the load which they are to carry. (6) Insulators shall- (a) be of durable materials; (b) be designed to withstand the mechanical loading and electrical stresses of normal operating conditions. 33. (1) A line conductor near a building or other permanently raised position existing at the time of erection of the line shall- (a) if operating at extra-low voltage, low voltage or medium voltage, be insulated at all places within a distance of 1.8288 metres from any part of such building or raised position; (b) if operating at high voltage, be completely surrounded and protected by earthed metal or have the minimum section clearances or protective barrier required in terms of sub-regulation (5) of regulation 15 between it and any part of such building or raised position.Minimum heights and insulation (2) Service lines in the terminal span of a connection between an overhead line and a building or in a span between one building and another building shall be insulated conductors. (3) The point of attachment of a service line shall- (a) where connected to an overhead line, be at a support: Provided that a vertical service connection may be made elsewhere if it does not exceed 3.048 metres in length; (b) where connected to a building, be at a terminating device securely fixed to the building. (4) A conductor, other than an earth conductor, leading to or from a transformer or other apparatus at a pole-mounted substation shall, at all points below a height of 3.6576 metres from the ground, be insulated and, in the case of a high-voltage conductor, shall have earthed metal sheathing or earthed screening. (5) The height above ground of a line conductor, other than an extra-low-voltage, low-voltage or medium-voltage insulated line conductor, shall be not less than the appropriate height specified in the Third Schedule or such greater height as may be required either for compliance with regulation 12 or 15 or in terms of regulation 35.
(6) Subject to the provisions of regulation 35, the height above ground of an extra-low-voltage, low-voltage or medium-voltage insulated line conductor shall be not less than- (a) where the line is above a road normally accessible to vehicular traffic, 5.4864 metres; (b) save as is provided in paragraph (c), where the line is not above a road normally accessible to vehicular traffic, 4.2672 metres; (c) in the case of a service line in the terminal span of a connection between an overhead line and a building or in a span between one building and another building, ten feet at any point where the line is not above a road normally accessible to vehicular traffic. (7) Where an earth conductor, stay-wire or cradle fitted between supports crosses a road normally accessible to vehicular traffic, the height thereof above the road surface shall be not less than 5.4864 metres. (8) Any minimum height or clearance required by these Regulations shall be maintained under any conditions of loading and temperature likely to occur in the area concerned. 34. (1) Where a consumer installs an unmetered service line on his premises or where a part of the consumer's installation is to be solely operated and controlled by the undertaker, and where the undertaker in terms of the Supply Regulations is required to ensure that such service line or such part of the installation- (a) is suitable for its intended purpose; and (b) is installed to prevent, as far as practicable, leakage of electricity to adjacent metal;Unmetered service lines the consumer shall comply with the directions of the undertaker in relation to the design and construction of such line or part. (2) Where the consumer has no effective means of cutting off the voltage to a line or part referred to in sub-regulation (1), he shall, if a disconnection is required, immediately notify the undertaker that it is required. (3) Where an undertaker has advised the consumer of any remedial measures necessary to correct any defect, deficiency or faulty condition which may exist in a line or part referred to in sub-regulation (1), the consumer shall take such measures to the satisfaction of the undertaker after the said line or part has been disconnected from the supply of electricity for the purpose. 35. Where an overhead line crosses a permanent railway track having a gauge of not less than 15.24 centimetres, the following conditions shall apply: (a) the height above the rail of-Overhead lines crossing railway tracks (i) a line conductor, shall be not less than the appropriate height specified in the Fourth Schedule; (ii) an earth conductor, stay-wire or cradle fitted between supports, shall
be not less than 7.0104 metres; (b) there shall be no joints in the crossing span; (c) the crossing shall be made at right angles or as near thereto as practicable and shall be not less than 70 degrees unless permission in writing therefor has been obtained from the authority responsible for the operation of the railway; (d) the length of span at the crossing shall be as short as is reasonably practicable; (e) notwithstanding the provisions of sub-regulation (6) of regulation 37, line conductors used at the crossing shall be stranded with not less than 0.1613 square metres cross-sectional area copper or its equivalent conductivity. 36. (l) Where a high-voltage overhead line crosses an extra-low-voltage, low-voltage or medium-voltage overhead line or where line conductors forming part of such differing systems are erected on the same supports, provision shall be made to guard against the extra-low-voltage, low-voltage or medium-voltage system being charged above its normal voltage.Different voltages in proximity (2) Where a pilot circuit is installed and operated as part of an overhead line system, the provisions of sub-regulation (1) shall apply thereto and such pilot circuit shall be installed and operated with due regard to any dangers which may arise from its use. 37. (1) In calculating the strength of the various constituent parts, including supports, of an overhead line, the following basic conditions shall be assumed: (a) a minimum temperature of 30 degrees Fahrenheit; (b) the wind pressure acting on the projected area of line conductors and supports not exceeding 12.192 metres in height shall be not less than 5.4 kilogramms per square metre and of those exceeding 12.192 metres but not exceeding 36.576 metres in height shall be not less than 6.75 kilogramms per square metre; (c) in the case of conductors, earth wires and round, elliptical or hexagonal poles used as supports, the area on which the pressure acts shall be taken as 60 per centum of the projected area and in the case of lattice or composite structures as one and one-half times the projected area of the constituent parts on one side.Loading conditions and factors of safety (2) In the design of spans of over 121.92 metres, the assumed wind load on conductors and earth wires may be reduced to 70 per centum of the calculated load. (3) In the design of spans, due regard shall be given to the possibility of injurious conductor vibration by wind effects. (4) A support shall be designed so that the failing load under operating conditions shall be not less that the resultant of simultaneous horizontal and vertical loads calculated in accordance with the provisions of this regulation multiplied by the following factors:
(a) where the support is of metal or concrete, 2.5; (b) where the support is of wood, 3.5. (5) Subject to the provisions of sub-regulation (6), the load in a line conductor, earth conductor, insulator, joint or cradle component or an associated fitting under operating conditions shall not exceed 50 per centum of its ultimate breaking load. (6) The minimum permissible size for a single line conductor shall be such as to have an ultimate breaking load of not less than 359.55 kilogramms and shall be not less in gauge than No. 10 British Standard Wire Gauge. 38. (1) Where metal-work is required to be earthed in accordance with the provisions of regulation 18, the earthing system of the overhead line with which it is associated shall be tested at at least one point by the consumer or by a person authorised by him- (a) before commissioning such overhead line; (b) and thereafter, at intervals of not more than six years; and repaired if necessary.Periodic testing and inspecting (2) The purpose of a test made in terms of sub-regulation (1) shall be to ensure that the leakage resulting from contact of negligible resistance between a line conductor and any metal-work connected with earth is sufficient to operate the protective device installed in terms of regulation 19 to make that line conductor dead. (3) An overhead line and its supports and any outdoor substation shall be inspected from ground level or above by the consumer or by a person authorised by him- (a) if erected before the 1st December, 1961, within six years of that date; (b) if erected on or after the 1st December, 1961, before commissioning; (c) and thereafter, at intervals not exceeding six years after the date of inspection referred to in paragraph (a) or (b), as the case may be; and repaired if necessary. (4) A test or inspection made in terms of this regulation shall be recorded by the person making the test or inspection and such record shall be retained by the consumer until the next test or inspection is made. 39. There shall be fixed in a prominent position at every pole-mounted substation a danger notice.Danger notices 40. In order to prevent, as far as is reasonably practicable, climbing which has not been authorised by the consumer, an anti-climbing device shall be fitted- (a) at every support for a pole-mounted substation; (b) at every support which has broken surfaces within 3.048 metres of the
ground.Unauthorised climbing of supports PART VII PROTECTIVE MULTIPLE EARTHING 41. Where a consumer operates or is about to operate a transformer supplying low voltage or medium voltage to a single-phase two-wire or three-phase four-wire installation and is satisfied that protective multiple earthing is necessary in order to improve the general factor of safety in relation to earthing of metal-work, he may provide protective multiple earthing in accordance with the provisions of this Part.Provision of protective multiple earthing 42. Before providing protective multiple earthing, a consumer shall obtain the consent in writing of the Postmaster-General in terms of regulation 11 of the Lines Protection Regulations.Consent of Postmaster-General. Cap. 795 of the 1971 Edition 43. Protective multiple earthing shall- (a) only be applied to the consumer's electric lines operating at low voltage or medium voltage; (b) when so applied, extend to every such line of a group supplied with electricity from a common transformer at the said voltage:Limitations Provided that no such line shall be directly interconnected in a permanent manner with any other line supplied with electricity from any part of another system not similarly earthed. 44. A transformer which is to supply the low voltage or medium voltage to an electric line provided with protective multiple earthing shall be so arranged that- (a) an earthing connection is taken from the metal-core or metal-work closely associated with the higher voltage winding to an earth electrode; (b) another earthing connection is taken from the neutral point on the low-voltage or medium-voltage winding to the same earth electrode or to another earth electrode with its own resistance area.Connections at transformer 45. (1) Where a cable is used as an electric line provided with protective multiple earthing and is laid underground, such cable shall- (a) have a neutral conductor of the same material as, and be of a cross-sectional area not less than, any phase conductor; and (b) have metal sheathing or metal armouring.Use of cables (2) The metal sheathing or metal armouring or, if the cable has both metal sheathing and metal armouring, the metal sheathing and metal armouring and the neutral conductor referred to in sub-regulation (1) shall be bonded together and also bonded to- (a) the earthing connection referred to in paragraph (b) of regulation 44 at the transformer position; and
(b) an earth electrode or electrodes installed at points at or near the end of each line. 46. (1) Where an overhead line is used as an electric line provided with protective multiple earthing, such line shall- (a) have a neutral conductor of the same material as, and of a cross-sectional area not less than, any phase conductor; or (b) have two neutral conductors of the same material as, and each of a cross-sectional area not less than one half that of, any phase conductor.Use of overhead lines (2) The neutral conductor or the two neutral conductors referred to in paragraph (a) or (b) of sub-regulation (l) shall be bonded to- (a) the earthing connection referred to in paragraph (b) of regulation 44 at the transformer position; and (b) earth electrodes installed at regular intervals, as far as practicable, along the route of the line, at branching points and at the final pole of each line. 47. (1) Where an underground cable and an overhead line are used in association with each other as an electric line provided with protective multiple earthing, the provisions of regulations 45 and 46 shall apply respectively to the cable and the overhead line except that the bonding to the earth connection at the transformer position referred to in paragraph (a) of sub-regulation (2) of regulation 45 or 46, as the case may be, may be omitted in the case of- (a) an underground cable which starts at a position remote from the transformer if that cable is fed from an overhead line which has such bonding to the earth connection at the transformer position; (b) an overhead line which starts at a position remote from the transformer if that line is fed from an underground cable which has such bonding to the earth connection at the transformer position.Use of cables and overhead lines (2) At every point where an underground cable and an overhead line referred to in sub-regulation (1) are connected with each other, each neutral conductor of the said cable and line and the metal sheathing or metal armouring of the cable shall be bonded together. 48. The provisions of regulation 44, 45, 46 or 47 shall not have been complied with until it has been established that the overall resistance to earth of a neutral conductor- (a) is such that the fuse, circuit-breaker or other protective device on the high-voltage side of the transformer will operate safely in the event of a breakdown between the transformer windings; (b) does not exceed ten ohms; (c) is such that the provisions of regulation 19, and of regulation 20 where applicable, can be complied with efficiently.Overall resistance
49. No fuse, switch, circuit-breaker, link or device, other than a bolted link, for interrupting continuity shall be inserted in a neutral or earth conductor used for protective multiple earthing purposes.Neutral to be unbroken 50. Where a supply of electricity is delivered from an electric line provided with protective multiple earthing to a separate installation, and whether such installation is to be operated and used by the consumer or by another person, the consumer, before providing an earth connection thereto, shall satisfy himself in regard to the separate installation that- (a) metal-work enclosing, supporting or in proximity to, or likely to come into contact with, any live conductor or live part is bonded together by one or more earth-continuity conductors; and (b) the overall resistance to earth of the earthing system is such that the provisions of regulation 19 can be complied with efficiently; and (c) the provisions of regulation 49 have been complied with.Separate installation PART VII PRIVATE GENERATION AND SUPPLY 51. (1) Subject to the provisions of sub-regulation (2) of regulation 4, the provisions of this Part shall apply to every private owner.Private ownership (2) The provisions of Parts II, III, IV, V, VI and VIII shall, mutatis mutandis, apply to a private owner and to his electrical installation as they apply to a consumer and a consumer's installation. 52. (1) A private owner shall erect and maintain a switchboard for each generator to control supply therefrom and shall fit to each switchboard, as a minimum requirement- (a) the appropriate supply controls and protective apparatus specified in Part I of the Fifth Schedule; (b) where two or more private generators are to be operated in parallel-Protection of generators (i) if it is a two-wire system, a reverse-current trip in series with the live conductor of each generator; (ii) if it is a three-wire system, a reverse-current trip in series with each outer conductor of each generator; (iii) if they are compound generators, an equaliser connection by means of- A. a single-pole switch from each generator to an equaliser bus-bar so arranged that each switch is interlocked so that it must be closed before the main switch is closed and opened after the main switch is opened; or B. a multi-pole linked-switch arranged and interlocked to perform the same sequence of operations as described for single-pole switches;
with the operating coil of a circuit-breaker connected to a pole other than that to which the equaliser connection is made; (c) where a direct-current generator is connected in parallel with a secondary battery- (i) a reverse-current trip, which may be of the cut-out type, connected between the generator and the battery; (ii) safe means for isolating the battery from the generator; (iii) protection for the battery by means of a fuse or circuit-breaker against excessive charge or discharge currents; (iv) an ammeter to measure the current supplied by the generator; (v) an ammeter with a mid-point zero or so switched as to measure separately the charge and discharge currents of the battery; (vi) a voltmeter arranged to measure separately the voltage of the generator and of the battery; (d) where compound generators are operated in parallel, an ammeter connected to the pole other than that to which the equaliser connection is made; (e) where a direct-current generator operates a three-wire system, an arrangement to prevent the balancer being disconnected whilst the outer conductors are live; (f) the appropriate instruments specified in Part II of the Fifth Schedule; (g) where an alternating-current generator is operated- (i) a speed indicator for the prime-mover, or a frequency indicator; (ii) if two or more generators are to be operated in parallel, a synchronising device. (2) Where an instrument fitted to the switchboard in terms of sub-regulation (1) is required to make more than one measurement, provision for this shall be made by a suitable switch or plug. (3) If the generator of a private owner is arranged for automatic starting or for remote control, the prime-mover shall have local over-riding control for stopping the prime-mover and for preventing automatic starting- (a) fixed nearby; and (b) indelibly labelled with operating instructions. 53. A private owner shall- (a) where liquid or gaseous fuel for the generating plant is piped from outside the plant room, provide a quick-acting valve to cut off the supply of fuel with the valve-Fire precautions
(i) fixed near the door to the plant room in a conspicuous position; and (ii) indelibly labelled with operating instructions; (b) arrange to trap or drain and disperse safely any leaking or surplus fuel and ensure that none is permitted to enter any sewer. 54. (1) A private owner shall ensure that any room in which his generating plant is to be erected and maintained- (a) is of such size that the plant can be easily and adequately serviced and maintained; (b) is adequately ventilated; (c) is provided with the exhaust pipes or ducts necessary to discharge exhaust fumes from the room to the outside air and clear of any window, door or fresh air intake of any building.Plant rooms (2) A plant room described in sub-regulation (1) shall have adequate artificial lighting in addition to any natural lighting, and discharge-lighting shall not be used in a position where it may cause rotating machines to appear to be stationary. 55. (1) A private owner whose generator is connected with a secondary battery installation shall erect and maintain a switchboard for that installation and shall fit to the switchboard, as a minimum, requirement- (a) safe means-Protection of batteries (i) for isolating the battery from the load or from the charging circuit or simultaneously from both; (ii) where the charging circuit is arranged to share the load, for isolating the charging circuit from the battery and from the load; (b) a suitable fuse or circuit-breaker with overload trip to protect- (i) the battery from excess charge and discharge currents; (ii) the charge circuit from excess charge currents; (c) where the circuit is not a rectifier circuit which prevents a reversal of current, a reverse-current trip, which may be of the cut-out type, connected between the charging circuit and the battery; (d) an ammeter with a mid-point zero or so switched as to measure separately the charge and discharge currents; (e) a voltmeter with an "off" position to prevent continuous discharge and to indicate- (i) battery terminal voltage; (ii) where the charging circuit has no cut-out, the voltage of the charging circuit separately from the battery terminal voltage;
(f) where the charging circuit shares the load with the battery, an ammeter to measure the current output of the charging circuit. 56. (1) A battery in a battery installation connected with the generator of a private owner shall- (a) have insulated supports for each cell of glass or vitreous-porcelain which is part of the container; (b) have insulated battery stands; (c) have connecting bolts-Installation of batteries (i) of a non-corrosive type; or (ii) coated with petroleum jelly; (d) have spray arresters on open cells; (e) if not portable, contain no celluloid in its construction; (f) if portable and with celluloid in its construction, have suitable safeguards at the charging location to prevent ignition of the celluloid and the spread of fire. (2) A room containing a battery in a battery installation connected with the generator of a private owner shall- (a) be adequately ventilated to the outside air; (b) where sulphuric acid is used as an electrolyte, have its construction and fittings- (i) of non-corrosive material; or (ii) painted with acid-resisting paint. 57. All machinery, switchgear and instruments associated with the generation and supply of electricity of a private owner shall be indelibly labelled so as to indicate their functions and ratings.Labelling 58. The plant of a private owner shall not be interconnected, either directly or indirectly, with the electrical works, lines or cables of an undertaker or other person unless- (a) there is an agreement in writing for such interconnection between the private owner and the owner of the said works, lines or cables; and (b) adequate safeguards are installed to prevent accidental or uncontrolled interconnection.Inter-connection PART VIII OFFENCES AND PENALTIES 59. (1) Subject to the provisions of sub-regulations (2) and (3) of regulation 4, a consumer or a private owner who erects or operates an electrical
installation for or in connection with the generation, transmission, distribution, connection, installation and use of electricity, whether on his premises or elsewhere, where such installation is constructed, operated, maintained, repaired, tested or inspected otherwise than in accordance with the provisions of these Regulations shall be guilty of an offence.Offences and penalties (2) Any person who is guilty of an offence in terms of sub-regulation (1) shall be liable to a fine not exceeding three thousand penalty units or, in default of payment, to imprisonment for a period not exceeding twelve months. (As amended by Act No. 13 of 1994) FIRST SCHEDULE (Regulations 13 and 15) MINIMUM SECTION CLEARANCES Minimum clearance from any point on Normal operating voltage or about the permanent equipment between bare line conductors where a man may be required to stand (measured from the position of the feet)- To the nearest part not at earth To the nearest potential of an unscreened live insulator conductor in air supporting a live conductor metres metres 1. Not exceeding 15,000 volts 2.62128 2.4384 2. Exceeding 15,000 volts but 2.7432 2.4384 not exceeding 33,000 volts 3. Exceeding 33,000 volts but 2.92608 2.4384 not exceeding 44,000 volts 4. Exceeding 44,000 volts but 3.048 2.4384 not exceeding 66,000 volts 5. Exceeding 66,000 volts but 3.23088 2.4384 not exceeding 88,000 volts 6. Exceeding 88,000 volts but 3.3528 2.4384 not exceeding 110,000 volts 7. Exceeding 110,000 volts but 3.53568 2.4384 not exceeding 132,000 volts
8. Exceeding 132,000 volts but 3.84048 2.4384 not exceeding 165,000 volts 9. Exceeding 165,000 volts but 4.2672 2.4384 not exceeding 220,000 volts 10. Exceeding 220,000 volts but 4.572 2.4384 not exceeding 275,000 volts 11. Exceeding 275,000 volts but 5.1816 2.4384 not exceeding 330,000 volts For the purposes of this Schedule- (a) the above provisions concern the means of access for works which are permanently available, such as fixed ladders or platforms attached to structures. The means of access shall also comprise the structures themselves and the tops of circuit-breakers or transformers if a man is required to stand on them to carry out work. Subject to the provisions of paragraph (b), the provisions do not apply to portables ladders, cradles or similar equipment, the use of which is governed by the general instructions issued by the consumer in terms of regulation 13; (b) portable ladders and platforms specially designed for specific maintenance work, and so arranged that they cannot readily be employed in any way other than that intended, shall be considered as permanent means of access for the purpose of safety clearances. SECOND SCHEDULE (Regulation 14) THE ELECTRICITY ACT CERTIFICATE OF INSPECTION AND TEST Notice to an undertaker from a consumer certifying the condition of the consumer's electrical installation. From (Name and address of consumer) To (Name and address of undertaker)
I attach hereto a certificate in respect of the condition of my electrical installation. Signed Date ................................... (Consumer's signature) _________________________ I (Name and address of certifier) of (Name and address of firm or company) am a/an (Occupation, trade or profession) and I hereby declare that I am competent to make and sign this certificate and do hereby certify as follows: 1. That the electrical installation in entirety/in part comprising (Description of part) at (Address of premises) (a) was installed by me/by (Name and address of contractor or other person) and (b) was inspected and tested by me; fully in accordance with the recommendations contained in an edition current at the date of this certificate of the Safety Code for the electrical wiring of premises issued by the Standards Association of Zambia in respect of those sections of the installation falling within the scope of the Safety Code. 2. That to the best of my knowledge and belief the said electrical installation in entirety/in respect of the part described-
(a) complies with the Wiring Regulations; and (b) is in a fit and proper condition to operate safely if connected to the intended supply of electricity; and (c) can be so connected without risk of a dangerous electrical leakage occurring. Signature of Certifier Witness Dated at on .................................................., 19 ............ THIRD SCHEDULE (Regulation 52) MINIMUM HEIGHTS OF OVERHEAD LINES In any position Normal operating voltage between Over roads normally except where line conductors accessible to otherwise specified vehicular traffic in these Regulations 1. Not exceeding 650 volts . . 5.4864 metres 4.8768 metres 2. Exceeding 650 volts but not exceeding 33,000 volts . . 5.7912 metres 5.1816 metres 3. Exceeding 33,000 volts but not exceeding 88,000 volts . . 6.096 metres 6.096 metres 4. Exceeding 88,000 volts but not exceeding 132,000 volts . . 6.7056 metres 6.7056 metres 5. Exceeding 132,000 volts but not exceeding 275,000 volts . . 7.0104 metres 7.0104 metres 6. Exceeding 275,000 volts . . 7.3152 metres 7.3152 metres FOURTH SCHEDULE (Regulation 35) MINIMUM HEIGHTS OF OVERHEAD LINES CROSSING RAILWAY TRACKS
Minimum height Normal operating voltage between line conductors above rail 1. Not exceeding 33,000 volts . . . . . . . . . . . . 7.62 metres 2. Exceeding 33,000 volts but not exceeding 88,000 volts . . . . 7.9248 metres 3. Exceeding 88,000 volts but not exceeding 132,000 volts . . . . 8.5344 metres 4. Exceeding 132,000 volts but not exceeding 275,000 volts . . . . 8.8392 metres 5. Exceeding 275,000 volts . . . . . . . . . . 9.144 metres FIFTH SCHEDULE (Regulation 52) MINIMUM REQUIREMENTS FOR PROTECTION OF PRIVATE GENERATORS PART I SWITCHBOARD SUPPLY CONTROLS AND PROTECTIVE APPARATUS Number of poles to be broken by Position of circuit-breaker circuit-breaker System of supply or switch or fuse 1. Two-wire alternating current or 1 In non-earthed direct current, earthed at either pole. conductor. 2. Two-wire, alternating current or 2 In each conductor. direct current, not earthed at either pole. 3. Three-wire, single-phase, alternating 2 In each outer current or direct current. conductor 4. Three-wire, three-phase, alternating 3 In each non- current or four-wire, three-phase, earthed conductor. alternating current. PART II
INSTRUMENTS FOR A SWITCHBOARD Type of system One generator only More than one generator 1. Two-wire, alternating (a) an ammeter; and (i) an ammeter for each current or direct current generator: and (b) a voltmeter (ii) a voltmeter to measure the voltage of any generator; and (iii) if generators are paralleled, a voltmeter to measure the bus-bar voltage. 2. Three-wire, single- (a) an ammeter to (i) an ammeter for each phase, alternating measure the cur- generator to measure current or direct rent in each outer the current in each current conductor; and outer conductor; and (b) two voltmeters (ii) two voltmeters each each connected connected between between an outer an outer conductor conductor and and neutral of the neutral bus-bars: and (iii) if generators are paralleled two voltmeters, each connected between an outer conductor and neutral, to measure the voltage of any generator. 3. Three-wire, three- (a) an ammeter to (i) an ammeter for each phase, alternating measure the current generator to measure current or four-wire, in each phase; and the current in each three-phase alternating phase; and current (b) a voltmeter to (ii) a voltmeter to measure the line measure the line voltage voltage of each generator; and (iii) if generators are paralleled, a voltmeter to measure the bus- bar voltage.
REPUBLIC OF ZAMBIA CHAPTER 435 THE PETROLEUM ACTCHAPTER 435 THE PETROLEUM ACT ARRANGEMENT OF SECTIONS Section 1. Short title 2. Interpretation 3. Regulations 4. Extension of regulations 5. Penalty CHAPTER 435 PETROLEUM An Act to make provision for regulating the importation, conveyance and storage of petroleum and other inflammable oils and liquids; and to provide for incidental matters. [12th December, 1930]28 of 1930 13 of 1994 8 of 1995 Government Notice 202 of 1964 1. This Act may be cited as the Petroleum Act.Short title 2. In this Act, unless the context otherwise requires-Interpretation "crude petroleum" means any petroleum found in naturally formed liquid deposits and obtained as a raw material for the purpose of being refined into its many petroleum finished products or derivatives; "petroleum" means crude petroleum and petroleum derivatives; "petroleum derivatives" means any naturally occurring or manufactured petroleum hydrocarbon. (As amended by Act No. 8 of 1995) 3. The Minister may, by statutory instrument, make regulations for all or any of the purposes following: (a) prohibiting the importation or exportation of petroleum except at such ports or places and in such quantities and subject to such conditions as may be prescribed; (b) regulating the transport of petroleum whether by railway, road or inland
navigation; (c) regulating the quantity and quality of, mode of storage of, and the receptacles in which petroleum may be carried in any vessel, cart, truck, or other vehicle, and the quantities and qualities to be contained in such receptacles; (d) prescribing the form of construction and type of materials used in all equipment, vessels, vehicles, tanks and receptacles that are used in the processing, transport, storage and sale of petroleum by establishing and enforcing the required codes for such, and the licensing of the operators; (e) prescribing the safety and environmental requirements for the operation of all equipment, vessels, vehicles, trucks, and receptacles used in the processing, storage and sale of petroleum by establishing and enforcing the required codes for such, and licensing of the operators; (f) prescribing the powers and duties of officers appointed for the purposes of this Act; (g) providing for the search and inspection of any ship, vessel, vehicle, building or place in which petroleum is stored or carried or in which there may be reason to believe that petroleum is stored or carried; (h) prescribing the fees to be paid for any licence or permit issued or examination or other thing done under this Act; (i) generally for carrying out the purposes of this Act. (As amended by G.N. No. 202 of 1964 and Act No. 8 of 1995)Regulations 4. The Minister may, by statutory notice- (a) declare that all or any of the regulations under this Act, with or without such modification as may be determined, shall apply to any inflammable oil or liquid; (b) declare that any ship, equipment, tank, vehicle, vessel and receptacle or place shall be exempted, either conditionally or absolutely, from all or any of the regulations under this Act. (As amended by G.N. No. 202 of 1964 and Act No. 8 of 1995)Extension of regulations 5. Every omission or neglect to comply with and every act done or attempted to be done contrary to the provisions of this Act or of any regulations made thereunder, or in breach of the conditions and restrictions subject to or upon which any licence or permit has been issued, shall be deemed to be an offence against this Act and for every such offence not otherwise specially provided for, the offender shall be liable to a fine not exceeding one hundred thousand penalty units or to imprisonment with or without hard labour for a period not exceeding ten years, or to both, and any article in respect to which an offence shall have been committed shall be liable to be forfeited and any subsisting licence or permit shall be liable to be cancelled. (As amended by Act No. 13 of 1994
and Act No. 8 of 1995)Penalty PETROLEUM THE PETROLEUM (GENERAL) REGULATIONS ARRANGEMENT OF REGULATIONS Regulation 1. Title and application 2. Interpretation 3. Issue of licences 4. Storage sheds 5. Soldering of filled tins 6. Inspection of premises 7. Application for licences to possess dangerous petroleum 8. Expiration of licence 9. Possession of valid licence required 10. Liability for expenses incurred through breach of Regulations 11. Renewal of licences 12. Prescribed fees 13. Prescribed forms 14. Revocation of licences 15. Transport of dangerous petroleum 16. Transport of dangerous petroleum in bulk 17. Powers of police and road traffic inspectors 18. No relief from liability for damage SCHEDULE-Prescribed forms SUBSIDIARY LEGISLATION SECTION 3-THE PETROLEUM (GENERAL) REGULATIONS Regulations by the Minister Government Notices 48 of 1932 108 of 1932 63 of 1939 88 of 1948
281 of 1958 156 of 1959 375 of 1961 69 of 1963 202 of 1964 481 of 1964 497 of 1964 Statutory Instruments 33 of 1965 446 of 1969 Act No. 13 of 1994 1. These Regulations may be cited as the Petroleum (General) Regulations, and shall apply to all areas other than those to which the Townships (Petroleum) Regulations, the Livingstone Municipal By-laws or the Ndola Municipal By-laws have been applied. (As amended by No. 63 of 1939)Title and application Cap. 281 2. In these Regulations, unless the context otherwise requires-Interpretation "council" means a township council or a rural council; "dangerous petroleum" means the following brands of petroleum: Atlantic, Atlas, Benzol, B.P., Natalite, Pegasus, Pratts, R.O.P., Shell, Texaco; and any other brand of petroleum which may be declared by the Minister, by statutory notice, to be dangerous petroleum; "licensing officer" means any person authorised in that behalf by resolution of a council to issue licences under these Regulations; "petroleum in bulk" means petroleum in quantities exceeding two thousand five hundred litres contained in any one receptacle; "premises" means any land or any building together with the land on which the same is situated and any adjoining land used in connection therewith for the storage of dangerous petroleum in excess of two hundred litres otherwise than in bulk; "protected works" include buildings in which persons dwell or assemble, docks, wharves, timber yards, public roads and any other place not forming part of an installation which the Minister may by notification declare as protected works, it being understood that the timekeeper's or administrative office of an installation does not come under the classification of "protected works"; "storage shed" means a building used for the storage of dangerous petroleum in excess of two hundred litres otherwise than in bulk. (As amended by No. 108 of 1932, No. 88 of 1948, No. 202 of 1964 and No. 446 of 1969) 3. Licences for keeping dangerous petroleum exceeding two hundred litres may be issued by a council, and shall ordinarily be granted only when the premises
intended to be used for the storage of such petroleum fulfil the conditions of regulation 4:Issue of licences Provided that a council, with the approval of the Minister, may, for special reasons to be recorded in writing before granting such licence, dispense with any or all of the said conditions, and such licence shall be endorsed accordingly. (As amended by No. 88 of 1948, Nos. 202 and 481 of 1964 and No. 446 of 1969) 4. (1) The following conditions shall apply to the construction, maintenance and operation of storage sheds:Storage sheds (a) licences may be granted for any quantity of dangerous petroleum to be stored in any one building, if the plot on which the storage shed is erected is so situated or is large enough to ensure a clear space of one thousand five hundred and twenty four metres in width around the shed or sheds. A clear space of at least ninety-one metres in width must be left between storage sheds on the same plot; (b) the storage shed shall be constructed either- (i) entirely of non-inflammable material; or (ii) of inflammable material specially approved by a council; (c) adequate ventilation shall be provided; (d) every person managing or employed on or in connection with a storage shed shall abstain from any act whatsoever which tends to cause fire and which is not reasonably necessary, and shall prevent any other person from doing such act; (e) no smoking shall be permitted in a storage shed or adjacent thereto, and suitable notices to this effect shall be conspicuously posted on the plot; (f) no fire or naked lights shall be permitted in or adjacent to a storage shed; (g) supplies of sand or dry earth (not less than three thousand nine hundred and two kilogrammes) shall be kept available for use in case of fire, and, in addition, at least one extinguisher of a type approved by the authorised officer in the Ministry of Energy; (h) no vessel containing dangerous petroleum shall be opened and no petroleum shall be drawn from any vessel within the building in which the dangerous petroleum is stored; (i) if a council requires the holder of the licence, by notice in writing, to execute any repairs to any part of the installation which may be necessary for the safety of the premises in respect of which the licence is granted and of adjacent premises, the holder of the licence shall execute the same within such period as may be fixed by the notice; (j) no artificial light other than a filament electric lamp may be used on the plot on which a storage shed is erected;
(k) no aircraft engine shall be run on the plot; (l) all grass, bushes and scrub must be cut short to the satisfaction of a council, and no cultivation shall be allowed on the plot; (m) such other conditions as may be prescribed by a council. (2) The following conditions shall apply to dangerous petroleum stored upon premises other than in a storage shed:Storage other than in storage sheds (a) the area within which dangerous petroleum is or is intended to be stored shall be fenced to the satisfaction of a council, and the plot on which the fenced area lies shall be so situated or large enough to ensure a clear space of 15.24 metres in width around the fenced area; (b) paragraphs (d), (e), (f), (h), (i), (k), (l) and (m) of sub-regulation (1) shall apply, mutatis mutandis, to such fenced area. (No. 108 of 1932 as amended by No. 281 of 1958, No. 156 of 1959, No. 375 of 1961, No. 481 of 1964 and No. 446 of 1969) 5. The soldering of any tin shall not be carried out on the premises.Soldering of filled tins 6. A licensing officer or any officer deputed by him for the purpose or any police officer of or above the rank of Sub-Inspector may, at any reasonable hour, enter any premises in respect of which a licence for the possession of dangerous petroleum has been granted, for the purpose of inspecting the same. (As amended by No. 69 of 1963, No. 481 of 1964 and No. 446 of 1969)Inspection of premises 7. (1) Every application for a licence to possess dangerous petroleum shall be in writing and shall be accompanied by a plan drawn to scale, showing the site of the installation and the design of the storage shed (if any), in all respects in sufficient detail to enable the project to be fully understood. The application shall be submitted to a licensing officer.Application for licenses to possess dangerous petroleum (2) Applications for licences for the possession of dangerous petroleum shall specify- (a) the description and quantity of dangerous petroleum which the applicant desires to keep, and the manner in which it is proposed to store it; (b) the name and position of the premises in which it is proposed to keep the dangerous petroleum, and whether the said premises fulfil the conditions required by regulation 4 in so far as they are applicable to such storage. (As amended by No. 481 of 1964 and No. 446 of 1969) 8. Every licence for the possession of petroleum shall expire on the 31st December of the year in which it is issued.Expiration of licence 9. No person, unless he is in possession of a valid licence issued under these Regulations, shall on any premises store dangerous petroleum exceeding two
hundred litres; and no person shall store dangerous petroleum for which a licence is required under these Regulations except in the manner prescribed in these Regulations and endorsed on the licence. (As amended by No. 88 of 1948)Possession of valid licence required 10. In addition to any penalty prescribed by the Act, a person convicted under these Regulations may be required to pay any expenses incurred by a council in consequence of any breach of these Regulations or of the conditions of any licence issued under these Regulations committed by such person, or in consequence of the failure by him to execute any work directed in accordance with these Regulations to be executed by him. (As amended by No. 481 of 1964 and No. 446 of 1969)Liability for expenses incurred through breach of Regulations 11. Every application for the renewal of a licence for the possession of dangerous petroleum shall be made in the same manner as an application for an original licence, except that a plan need not be submitted if it is certified that no alteration has been made to the premises described on the original plan submitted.Renewal of licences 12. The following fee units shall be charged per annum or for any lesser period for licences for the possession of dangerous petroleum, namely: (a) when the quantity to be stored exceeds two hundred litres, but does not exceed twenty two thousand seven hundred and thirty litres, thirty fee units; (b) when the quantity to be stored exceeds twenty two thousand seven hundred and thirty litres, thirty fee units for each twenty two thousand seven hundred and thirty litres to a maximum of seventy five fee units. (As amended by No. 88 of 1948 and Act No. 13 of 1994)Prescribed fees 13. Licences granted under these Regulations shall be in the forms prescribed in the Schedule.Prescribed forms 14. Every licence granted under these Regulations may be revoked at any time by the Minister or by the officer who granted it, on its being established to the satisfaction of the Minister or of such officer that the licensee or any person in his employ has infringed any of the conditions of the licence or any provision of these Regulations. (As amended by No. 202 of 1964)Revocation of licences 15. Dangerous petroleum shall be transported only if it is packed in airtight tins or other vessels not easily broken, or is contained in bottles securely corked and carefully packed so as to avoid risk of breakage.Transport of dangerous petroleum 16. (1) No dangerous petroleum in bulk shall be conveyed by road vehicle to or from any store except in substantial and securely closed vessels of a suitable type, and no goods of an explosive or inflammable character shall be carried in the vehicle at the same time that dangerous petroleum is being so conveyed; such vehicle must be certified by a vehicle examiner as being fit for such transport.Transport of dangerous petroleum in bulk
(2) No dangerous petroleum in bulk shall be transported by road except in accordance with a licence issued by the Road Traffic Commissioner: Provided that motor tank lorries used exclusively for the transport of petroleum may lawfully transport dangerous petroleum if licensed by the Road Traffic Commissioner under this proviso. Such licence shall expire on the 31st December of the year in which it is issued. A charge of seventy-five fee units shall be made for a licence under this proviso, which sum shall be additional to any licence fee payable under any other written law for the time being in force. (As amended by No. 481 of 1964 and Act No. 13 of 1994) 17. Any police officer or road traffic inspector in uniform may at any time require the driver of a vehicle in which dangerous petroleum is being conveyed by road to stop and may inspect the vehicle for the purpose of ascertaining whether the provisions of these Regulations are being complied with. (No. 33 of 1965)Powers of police and road traffic inspectors 18. Nothing in these Regulations shall be deemed to relieve any person from liability for damage caused by dangerous petroleum.No relief from liability for damage SCHEDULE PRESCRIBED FORMS (Regulation 13)
FORM 1 LICENCE TO POSSESS DANGEROUS PETROLEUM No............................................................................. Fee Licence is hereby granted to , for the storage in the premises described below of litres of dangerous petroleum, subject to the conditions prescribed by the Petroleum (General) Regulations. This licence shall expire on the 31st December next following the date of issue hereof, and may be renewed on application being made for this purpose. Description of premises above referred to: ............................................................................. Date of issue Licensing Officer This licence is issued subject to the provisions of the Petroleum (General) Regulations, of which the holder admits cognizance. (As amended by No. 481 of 1964 and No. 446 of 1969)
FORM 2 LICENCE TO TRANSPORT DANGEROUS PETROLEUM No ................................................................................ ....... Fee Licence is hereby granted to for the transport of............................... litres of dangerous petroleum from to............................., subject to the conditions prescribed by the Petroleum (General) Regulations. This licence shall expire on the 31st December next following the date of issue hereof, and may be renewed on application being made for this purpose. ............................................................................. Date of issue Road Traffic Commissioner This licence is issued subject to the provisions of the Petroleum (General) Regulations, of which the holder admits cognizance. (As amended by No. 481 of 1964)
REPUBLIC OF ZAMBIA THE ENERGY REGULATION ACT CHAPTER 436 OF THE LAWS OF ZAMBIA CHAPTER 436 THE ENERGY REGULATION ACTCHAPTER 436 THE ENERGY REGULATION ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation PART II THE ENERGY REGULATION BOARD 3. Establishment of the Board 4. Staff of the Board 5. Inspectors 6. Functions of the Board 7. Delegation PART III LICENSING OF CERTAIN UNDERTAKINGS 8. Undertakings to be licensed 9. Applications for licences 10. Objections to licence applications 11. Determination of applications 12. Conditions of licences 13. Duration of licences 14. Licences not transferable except with Board's consent 15. Revocation of licence or refusal of renewal
16. Appeal PART IV OTHER POWERS OF THE BOARD 17. Direction to cease operation of unlicensed undertaking 18. Powers of inspectors 19. Obstruction of inspector PART V FINANCIAL PROVISIONS Section 20. Funds of the Board 21. Application of licence fees, etc. 22. Financial year 23. Accounts 24. Annual report PART VI MISCELLANEOUS 25. Unauthorised publication or disclosure of information 26. Serving of notice 27. Regulations 28. Savings and transitional provisions 29. Repeal of Act No. 13 of 1980 and Cap. 813 of the old edition CHAPTER 436 ENERGY REGULATION16 of 1995 An Act to establish an Energy Regulation Board and to define its functions and powers; to provide for the licensing of undertakings for the production of energy or the production or handling of certain fuels; to repeal the National Energy Council Act and the Zambia Electricity Supply Act; and to provide for matters connected with or incidental to the foregoing. [28th April, 1995]
PART I PRELIMINARY 1. This Act may be cited as the Energy Regulation Act.Short title 2. In this Act, unless the context otherwise requires-Interpretation "Board" means the Energy Regulation Board established under section three; "common carrier" means- (a) an electricity transmission or distribution line; (b) a pipeline for the conveyance of crude oil, petroleum products or natural gas; and (c) any other facility, installation or structure, used for the processing, storage or conveyance of energy or fuel, that the Minister, by statutory instrument, prescribes; "energy" means- (a) electrical energy, however produced; (b) nuclear, solar and wind energy; and (c) energy produced by any other means that the Minister, by statutory instrument, prescribes; "fuel" means- (a) petroleum and petroleum products; (b) coal and its derivatives; (c) firewood, charcoal and other wood derivatives; (d) uranium or other nuclear fuel; "inspector" means a person appointed under section four to be an inspector for the purposes of this Act; "undertaking" means any commercial undertaking, whether public or private, for- (a) the production, generation, transmission, distribution or supply of energy; (b) the manufacture, refining, transportation, storage or supply of fuel; or (c) the manufacture, distribution or supply of equipment used for any activity mentioned in paragraph (a) or (b), other than any such equipment- (i) designed for ordinary household use; (ii) of a design or type prescribed by the Minister by statutory instrument; or
(iii) designed or used for a purpose, or in such circumstances, as may be so prescribed; but does not include an undertaking which the Minister, by statutory instrument, declares not to constitute an undertaking for the purposes of this Act. PART II THE ENERGY REGULATION BOARD 3. (1) There shall be an Energy Regulation Board, which shall be a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name, and with power, subject to the provisions of this Act, to do all such acts and things as a body corporate may by law do or perform.Establishment of the Board (2) The provisions of the Schedule shall apply in respect of the Board and its members. 4. The Board may engage, on such terms and conditions as the Board may determine, such other staff as is necessary for the exercise and performance of the powers and functions of the Board under this Act.Staff of the Board 5. (1) In order to ensure compliance with the provisions of this Act, a sufficient number of persons shall be appointed under section four as inspectors for the purposes of this Act.Inspectors (2) Every inspector shall be provided with a certificate of appointment containing such particulars as the Board may determine, and in the exercise of any powers of the inspector under this Act, the inspector shall produce the certificate for inspection by any person reasonably requiring its production. 6. (1) The Board shall-Functions of the Board (a) monitor the efficiency and performance of undertakings, having regard to the purposes for which they were established; (b) receive and investigate complaints from consumers on price adjustments made, or services provided, by any undertaking, and regulate such adjustments and services by the attachment of appropriate conditions to licences held by undertakings; (c) receive and investigate complaints concerning the location or construction of any common carrier or any energy or fuel facility or installation or the carrying out of any works by any undertaking, and regulate such location and construction by the attachment of appropriate conditions to licences held by undertakings; (d) in conjunction with the Zambia Competition Commission established by the Competition and Fair Trading Act, monitor the levels and structures of competition within the energy sector with a view to promoting competition and accessibility to any company or individual who meets the basic requirements for operating as a business in Zambia;Cap. 417 (e) in conjunction with the Zambia Standards Bureau established by the Standards Act, design standards with regard to the quality, safety and
reliability of supply of energy and fuels;Cap. 416 (f) in conjunction with other Government agencies, formulate measures to minimise the environmental impact of the production and supply of energy and the production, transportation, storage and use of fuels and enforce such measures by the attachment of appropriate conditions to licences held by undertakings; and (g) make recommendations to the Minister as to the measures to be taken through regulations to be made under this Act. (2) The Board shall have and may exercise and perform such other powers and functions as are conferred or imposed on it by or under this Act or any other written law. 7. The Board may, by instrument in writing, delegate to a person for the time being holding or acting in a specified position in the staff establishment of the Board, or to any committee of the Board, the exercise of such of the functions of the Board as are specified in the instrument.Delegation PART III LICENSING OF CERTAIN UNDERTAKINGS 8. (1) A person shall not establish or operate an undertaking except in accordance with this Act and under the authority of a licence issued under this Act.Undertakings to be licensed (2) A person who establishes or operates an undertaking in contravention of this section shall be guilty of an offence and shall be liable, upon conviction, to a penalty not exceeding five hundred thousand penalty units. 9. (1) Any person may apply to the Board for a licence to establish and operate an undertaking.Applications for licences (2) A licence application shall be made in such form as may be prescribed by the Minister by statutory instrument, and shall be accompanied by the application fee so prescribed. (3) The Board shall first determine whether, in its opinion, there is any reason why the application should, in the public interest, be rejected without further proceedings under this section. (4) Except where the Board decides to reject the application in the public interest, the Board shall cause a notice to be published in the Gazette- (a) indicating the receipt of each licence application and giving a description of the nature and location of the proposed undertaking; (b) informing members of the public that the application may be inspected at the offices of the Board; and (c) inviting any member of the public who objects to the granting of the licence, whether on personal, environmental or other grounds, to lodge an objection with the Board within a time, being not less than thirty days, limited by the notice.
(5) The Board shall allow any person to inspect, or furnish any person with a copy of, an application for a licence, on payment by the person of such fee as may be prescribed by the Minister by statutory instrument in respect of the costs of such inspection or the production of such a copy. 10. (1) An objection to the grant of a licence shall be made in such form as may be prescribed by the Minister, by statutory instrument, and shall be accompanied by the objection fee so prescribed.Objections to licence applications (2) An objector shall be entitled to lodge such written submissions and evidence as the objector desires to furnish in support of the objection. (3) The objection, and any supporting documentation, shall be rejected if it is not lodged within the time allowed by the notice published under section nine in relation to the application: Provided that the Board, at any time before granting a licence in pursuance of the application, may at its discretion entertain an objection made out of time. (4) The Board shall furnish the applicant for the licence with particulars of any objection made to the grant of the licence, and the applicant may, if he or she so desires, reply to the objection in writing addressed to the Board. 11. (1) In determining any application for a licence, the Board shall take into account-Determination of applications (a) the extent to which the public interest will be served by the undertaking to which the application relates; and (b) the merits of any objection made to the grant of a licence in pursuance of an application. (2) The Board may, if it thinks fit, convene a meeting with the applicant and any objectors to discuss the application; and if the number of objectors is large, or if the Board considers that the circumstances warrant such action, the meeting so convened may be opened to the public, but in either case the procedure at any such meeting shall be as the Board may, in its absolute discretion, determine. (3) The Board may grant or refuse to grant the licence; and where it decides to grant the licence, the Board shall notify the applicant of the conditions intended to be attached to the licence. 12. (1) A licence is subject to such conditions as may be imposed by the Board and specified in the licence when it is granted or when it is varied in accordance with subsection (3).Conditions of licences (2) The conditions of a licence may include conditions- (a) requiring the payment to the Board of a fee on grant of the licence and of annual or other periodic licence fees: Provided that no such fee shall exceed one-half of one per centum of the annual turnover of the undertaking, except with the consent of the Minister; (b) making provision with respect to the fees and and charges imposed in
respect of energy, fuel or any service to be proved in the course of the licensed undertaking, and the adjustment of such fees and charges; (c) requiring the publication by the licensee of notices specifying the method of calculating or otherwise determining any charges referred to in paragraph (b); (d) requiring the licensee or any other person concerned in the undertaking authorised by the licence to furnish to the Board, in such manner and at such times as the Board may reasonably require, documents, accounts, returns, estimates and other information that the Board requires for the purposes of exercising or performing its powers and functions under this Act; (e) requiring the licensee not to show undue preference to, or exercise undue discrimination against, particular persons or persons of any class or description (including persons in rural areas) as regards any aspect of the provision of energy, fuel or any service under the licence; (f) requiring the licensee to consult the Board with respect to the location and construction of common carriers, facilities, plant or installation to be used for the purposes of the undertaking or other specified matters; (g) requiring the licensee to refer specified matters to the Board for determination; (h) requiring the licensee to comply with directions given by the Board from time to time in relation to specified matters; (i) providing for arbitration of disputes arising in connection with the terms and conditions of, or otherwise concerning, the licence; and (j) requiring and regulating the payment of fines and penalties by the licensee for breaches of any or any specified terms and conditions of the licence. (3) Where a licensee has on repeated occasions contravened the conditions of the licence, or has been the subject of such complaints by the consumers of any commodity or service provided by the licensee in the course of its undertaking as in the opinion of the Board, to warrant action under this section, the Board by notice in writing to the licensee, may vary the conditions of the licence or attach new conditions to the licence. 13. Subject to this Act, a licence remains in force for the period specified in the licence and may be renewed on its expiry on payment to the Board of such fee as may be determined by or under the conditions of the licence or, in default of such determination, as the Minister may, by statutory instrument prescribe.Duration of licences 14. (1) Any purported transfer of a licence shall be void and of no effect unless the consent thereto of the Board was first obtained.Licences not transferable except with Board's consent (2) The Board shall consent to any such transfer unless it has reason to believe that the public interest is likely to be prejudiced by the transaction. (3) In this section "transfer" means any sale, lease mortgage, charge or other assignment, demise or encumbrance.
15. (1) For the purposes of this section, a licensee is in default if the licensee-Revocation of licence or refusal of renewal (a) has on repeated occasions contravened the provisions of this Act or conditions of the licence; (b) has at any time contravened a condition of the licence that is expressed in the licence to be a condition whose contravention may result in revocation or suspension of the licence; or (c) has been the subject of such complaints by the public as in the opinion of the Board, to warrant action under this section. (2) Where a licensee is in default, the Board, with the consent of the Minister, may- (a) by notice in writing to the licensee, revoke the licence; or (b) refuse to renew the licence on its expiry. (3) The Board may, with the consent of the Minister, refuse to renew a licence if the Board is of the opinion that the service provided under the licence is no longer necessary in the public interest. (4) A licence shall not be revoked, nor shall its renewal be refused, without giving the licensee an opportunity to be heard. 16. (1) Any person aggrieved by the revocation of a licence, or by the Board's refusal to renew, or approve a transfer of, a licence, may appeal to the Minister within a time and in the manner prescribed by the Minister by statutory instrument.Appeal (2) Due lodgement of an appeal shall stay any revocation against which the appeal is brought, pending the outcome of the appeal, and in the case of a refusal of renewal, the licence if expired shall be deemed to have been renewed on the same terms and conditions pending that outcome. (3) The Minister's decision on an appeal shall be final, subject only to an appeal to the High Court on a point of law. PART IV OTHER POWERS OF THE BOARD 17. (1) Where an undertaking is being operated in contravention of this Act, the Board may, by notice served on the operators of the undertaking, direct them to take, within a reasonable time limited by the notice, all necessary steps to cease operations, and to dismantle, to the satisfaction of the Board, any plant and equipment used for the purposes of the undertaking.Direction to cease operation of unlicensed undertaking (2) Where a direction given under this section is not complied with, the Board by its servants or agents may enter into the place where the undertaking is being operated and so cause the direction to be carried out. (3) The costs to the Board of any action under subsection (2) are recoverable,
as a debt due to the Board, in any court of competent jurisdiction. 18. (1) For the purposes of this Act, an inspector may, at any reasonable time, enter any area, place or premises that the inspector reasonably believes is used for the purposes of, or in connection with, an undertaking, including any area, place or premises believed to be used only for the storage of equipment or for the keeping of any accounts, documents or records relating to such an undertaking:Powers of inspectors Provided that this section shall not be taken to authorise entry into any premises or part thereof that is being used as a private dwelling except with the consent of the occupant or under the authority of a warrant issued in accordance with law. (2) An inspector who enters an area, place or premises under this section shall have full and free access to any plant, equipment storage area and facility therein. (3) The owner or person in charge of any area, place or premises referred to in subsection (1) and any person found there shall give an inspector reasonable assistance for the purpose of the exercise of the inspector's powers under this Act. (4) Without limiting the generality of the foregoing provisions of this section, the inspector may- (a) direct the person in charge to produce for inspection any substance or articles manufactured, produced or stored on the premises, or any books, accounts or records kept there; (b) take samples of any such substance or articles, and make copies of or take extracts from any such book, account or record; (c) inspect machinery, equipment, appliances, meters, fittings, and apparatus; and (d) inspect any common carrier, facility, plant or installation. 19. A person who- (a) wilfully delays or obstructs an inspector in the exercise or performance of the inspector's powers and functions; (b) refuses to give an inspector such reasonable assistance as the inspector may require for the purpose of the exercise of the inspector's powers under this Act; or (c) knowingly or negligently gives an inspector false or misleading information in answer to any inquiry made by the inspector; shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding five years, or to both.Obstruction of Inspector PART V FINANCIAL PROVISIONS
20. (1) The funds of the Board shall consist of such moneys as may-Funds of the Board (a) be appropriated by Parliament for the purposes of the Board; (b) be paid to the Board by way of grants or donations; and (c) vest in or accrue to the Board. (2) The Board may- (a) accept moneys by way of grants or donations from any source in Zambia and, subject to the approval of the Minister, from any source outside Zambia; (b) subject to the approval of the Minister, raise by way of loans or otherwise such moneys as may be required for the discharge of the functions of the Board; and (c) charge and collect fees in respect of programmes, seminars and other services provided by the Board. (3) There shall be paid from the funds of the Board- (a) grants which have been received by the Board for the purposes of any particular organisation or any branch of any organisation; (b) allowances of the members of the Board; (c) salaries of the full-time members of the Board; (d) salaries, loans and other costs of the staff of the Board; and (e) any other expenses incurred by the Board in the performance of the Board's functions. 21. (1) Amounts payable as fees under this Act shall be paid to the general revenues of the Republic.Application of licence fees, etc. (2) Moneys paid to the general revenues under this section shall be applied to the development of the energy sector in Zambia. 22. The financial year of the Board shall be the period of twelve months ending on 31st December in each year.Financial year 23. (1) The Board shall cause to be kept proper books of account and other records relating to its financial affairs.Accounts (2) The accounts of the Board for each financial year shall be audited by auditors appointed by the Board with the approval of the Minister. 24. (1) As soon as practicable, but not later than six months after the expiry of each financial year, the Board shall submit to the Minister a report concerning the activities of the Board during that financial year.Annual report (2) The report shall include information on the financial affairs of the Board, and there shall be appended to the report-
(a) an audited balance sheet; (b) an audited statement of income and expenditure; and (c) such other information as the Minister may require. (3) The Minister shall, not later than twenty-one days after the first sitting of the National Assembly next after the receipt of the report, lay it before the National Assembly. PART VI MISCELLANEOUS 25. (1) Except as required by law, or with consent in writing given by or on behalf of the Board, a person shall not publish or disclose to any other person the contents of any document or communication, or any other information, which relates to, and which has come to the person's knowledge in the course of, the performance by the person of any duty under this Act.Unauthorised publication or disclosure of information (2) A person having information that has been published or disclosed to the person in contravention of this section shall not publish or communicate it to any other person. (3) A person who contravenes the provisions of this section shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding twenty thousand penalty units or to imprisonment for a term not exceeding three years, or to both. 26. Any notice or other document required or authorised to be given under this Act may be given- (a) by delivering it to the person to whom it is directed; (b) by leaving it at the usual or last known place of abode of that person; (c) by sending it in a prepaid registered letter addressed to that person at the person's usual or last known place of abode, place of business or postal address; (d) in the case of a company, by delivering it to the secretary of the company at its registered or principal office, or by sending it in a prepaid registered letter addressed to the secretary of the company at that office; or (e) where-Serving of notice (i) he notice is to be given to a person in the person's capacity as the holder of any interest in land; or (ii) it is not practical, after reasonable inquiry, to ascertain the person's name or address; by addressing the notice to the person having that interest in the premises (specifying the premises and the interest concerned) and by delivering it to
some person on the premises, or if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises. 27. (1) The Minister may, by statutory instrument, make regulations for or with respect to any matter that by this Act is required or permitted to be prescribed, or that is necessary or expedient to be prescribed for carrying out or giving effect to this Act.Regulations (2) Without limiting the generality of subsection (1), regulations may provide for the following matters: (a) the form and manner of making applications for licences and of objections thereto and the fees payable on any such application or objection; (b) standards with regard to the quality, safety and reliability of supply of energy and fuels and related installations; (c) securing the safety of the public from personal injury or damage to property arising from the production, transmission, transportation, transformation, storage, distribution, supply or use of energy or fuel; (d) reporting of and inquiries into accidents involving the operation of any undertaking or associated plant, equipment or vehicles: Provided that, in the application of any regulations under this section to an undertaking for the generation, transmission, distribution or supply of electricity, such regulations shall have effect subject to the provisions of the Electricity Act, and the regulations made thereunder.Cap. 433 (3) Regulations made under the provisions of this Act may provide that persons offending against the regulations shall be liable to a fine not exceeding one hundred thousand penalty units. (4) In exercise of the powers conferred by this section, the Minister may provide for different regulations to apply to different undertakings or consumers or to different classes of undertakings or consumers. 28. (1) Any undertaking that was lawfully being operated-Savings and transitional provisions (a) immediately before the commencement of this Act, under a statutory licence or other statutory authority that was issued in pursuance of an application made before the date referred to in paragraph (b); or (b) immediately before the date on which the Bill for this Act was introduced into the National Assembly; may continue to be operated after this Act comes into force without a licence under this Act: Provided that: (i) where, before the commencement of this Act, the undertaking was operated under a statutory licence or other statutory authority, that licence or authority shall be deemed to be a licence under this Act; and
(ii) where, before the commencement of this Act, the undertaking was lawful without any licence or authority, the undertaking may be operated without a licence under this Act only for so long as it remains in the same ownership. 29. (1) The National Energy Council Act, 1980 is hereby repealed.Repeal of Act No. 13 of 1980 and Cap. 813 of the old edition (2) The Zambia Electricity Supply Act is hereby repealed. SCHEDULE (Section 3) THE BOARD AND MEMBERS OF THE BOARD 1. (1) The Board shall be a permanent body consisting of three full-time members and four part-time members appointed by the Minister. (2) Of the full-time members- (a) one shall be a person who, in the opinion of the Minister, has adequate knowledge and qualifications relating to the electricity industry; (b) one shall be a person who, in the opinion of the Minister, has adequate knowledge and qualifications relating to the petroleum industry; and (c) one shall be a person who, in the opinion of the Minister, has adequate knowledge and qualifications relating to the supply of other forms of energy and fuels. (2) A person shall not be appointed as a member of the Board if he or she- (a) is an undischarged bankrupt; (b) has been convicted of an offence under this Act; (c) has been convicted of an offence involving fraud or dishonesty; (d) has been convicted of any other offence and sentenced to a term of imprisonment of not less than six months; or (e) is the holder of a licence or has any interest in a licence or in a partnership or corporation that is the holder of a licence. (3) One of the part-time members shall, in and by the terms of the member's appointment or otherwise in writing signed by the Minister, be appointed as Chairman of the Board.Constitution of the Board 2. (1) A member of the Board shall, subject to the provisions of this Schedule, hold office for a term of not more than three years. (2) A member of the Board shall be eligible for re-appointment upon the expiry of the original term of office. (3) Upon the expiration of the term for which a member is appointed, the member shall continue to hold office until a successor has been appointed, but in no case shall any such extension of the term exceed three months.
(4) The office of a member shall be vacated- (a) upon the member's death; (b) if the member is adjudged bankrupt; (c) if the member is absent from three consecutive meetings of the Board without the prior approval of the Board; (d) upon the expiry of one month's notice of the member's intention to resign from office, given by the member in writing to the Minister; (e) upon the expiry of one month's notice of the member's removal given to the member in writing by the Minister; (f) if the member becomes mentally or physically incable of performing the duties of a member of the Board; (g) if the member is convicted of an offence under this Act; (h) if the member is convicted of an offence under any other written law and sentenced therefor to imprisonment for a term of six months or more; or (i) if the member becomes the holder of a licence or acquires any interest in a licence or in a partnership or corporation that is the holder of a licence.Term of office and vacancy 3. (1) Subject to the other provisions of this Act, the Board may regulate its own procedure. (2) The Board shall meet as often as necessary or expedient for the conduct of its business and its meetings shall be held at such places, times and days as the Board may determine. (3) The Chairman may at any time call a meeting of the Board and shall call a special meeting to be held within seven days of receipt of a written request for that purpose addressed to him by any two members of the Board. (4) The Chairman shall preside at any meeting of the Board, or in the Chairman's absence from any meeting, such member as may be elected by the members present to preside at the meeting. (5) The decision of the Board shall be by a majority of votes; and in the event of an equality of votes, the Chairman or person presiding at the meeting shall have, in addition to a deliberative vote, a casting vote. (6) Four members of the Board shall form a quorum. (7) Minutes of each meeting of the Board shall be kept and shall be confirmed as soon as practicable thereafter at a subsequent meeting.Business of the Board 4. (1) The Board may, for the purpose of performing its functions, establish committees. (2) The Board may appoint a person as a member of a committee whether or not the person is a member of the Board, and any person so appointed shall hold
office for such period as the Board may determine. (3) Subject to any specific or general direction of the Board, a committee may regulate its own procedure. (4) Each committee shall keep minutes of its meetings and shall keep the Board informed of its activities and shall conduct its proceedings in such manner as the Board may direct. (5) Meetings of a committee shall be held at such times and places as the committee may determine or as the Board shall direct.Committees 5. A full-time member of the Board shall be paid such salary, allowances and other benefits as may be determined by an agreement governing the terms of the member's appointment.Remuneration 6. A part-time member of the Board and a member of any committee of the Board shall be paid such travelling and subsistence allowances as the Board, with the approval of the Minister, may determine.Allowances 7. A person who is present at a meeting of the Board or any committee of the Board and who is directly or indirectly interested in a matter that is the subject of consideration at the meeting shall, as soon as is practicable after the commencement of the meeting, disclose the interest and shall not, unless the Board or the committee otherwise directs, take part in any consideration or discussion of, or vote on, any question touching that matter.Disclosure of interest 8. No action or other proceeding shall lie or be instituted against any member of the Board or a committee of the Board, or any member of the staff of the Board, for or in respect of any act or thing done or omitted to be done in good faith in the exercise or performance, or purported exercise or performance, of any of their powers or functions under this Act.Immunity of Board and staff 9. Any contract or instrument which the Board desires to enter into or make shall be executed under the hands of the Chairman and one other member authorised by the Board. Authentication of documents REPUBLIC OF ZAMBIA THE HIGHER AUTHORITY FOR POWER (SPECIAL PROVISIONS) ACT CHAPTER 437 OF THE LAWS OF ZAMBIA CHAPTER 437 THE HIGHER AUTHORITY FOR POWER (SPECIAL PROVISIONS) ACTCHAPTER 437 THE HIGHER AUTHORITY FOR POWER (SPECIAL PROVISIONS) ACT ARRANGEMENT OF SECTIONS Section 1. Short title
2. Interpretation 3. Constitution of Higher Authority 4. Certificate under hand of Minister 5. Act to cease to have effect CHAPTER 437 HIGHER AUTHORITY FOR POWER (SPECIAL PROVISIONS)41 of 1970 An Act to provide for the membership of the Higher Authority for Power constituted by the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963. [1st October, 1970] 1. This Act may be cited as the Higher Authority for Power (Special Provisions) Act.Short title 2. In this Act, unless the context otherwise requires-Interpretation "the amending Order" means the Southern Rhodesia (Higher Authority for Power) Order, 1970, an Order in Council of the United Kingdom of Great Britain and Northern Ireland, made on the 12th June, 1970; "the Higher Authority" means the Higher Authority for Power constituted by the principal Order; "the principal Order" means the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963.App. 1 3. (1) For so long as this Act is in force and notwithstanding anything to the contrary contained in the principal Order, the Higher Authority shall consist of four members of whom two shall be Ministers of the Government of Zambia appointed by the Government of Zambia and two shall be persons appointed under the amending Order.Constitution of Higher Authority (2) The persons appointed under the amending Order shall hold office upon such terms and for such period as may be provided by or under the amending Order. 4. A certificate under the hand of the Minister certifying that any person named therein is, or was on any specified date, a member of the Higher Authority shall be received in all proceedings as conclusive proof of the matters certified therein.Certificate under hand of Minister 5. (1) The provisions of this Act shall cease to have effect upon such date as the Minister may, by statutory instrument, notify.Act to cease to have effect (2) The provisions of section fourteen of the Interpretation and General Provisions Act shall apply when this Act ceases to have effect as they apply when a written law repeals another written law.Cap. 2 REPUBLIC OF ZAMBIA
THE QUANTITY SURVEYORS ACT CHAPTER 438 OF THE LAWS OF ZAMBIA CHAPTER 438 THE QUANTITY SURVEYORS ACTCHAPTER 438 THE QUANTITY SURVEYORS ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation PART II QUANTITY SURVEYORS REGISTRATION BOARD 3. Establishment of Board 4. Seal of Board 5. Functions of Board 6. Composition of Board 7. Appointment of members of Board 8. Tenure of Office 9. Remuneration and allowances 10. Proceedings of Board 11. Chairman and Vice-Chairman 12. Committees of Board 13. Disclosure of interest PART III REGISTRATION OF QUANTITY SURVEYORS 14. Registrar 15. Application for registration as a quantity surveyor 16. Issue of certificate
17. Register 18. Qualification for registration as a quantity surveyor 19. Certificate of registration 20. Effect of registration 21. Effect of non-registration 22. Change of address 23. Annual subscription PART IV DISCIPLINARY PROCEEDINGS 24. Reprimand, suspension or expulsion 25. Procedure before reprimand, suspension or expulsion 26. Circumstances when registered quantity surveyor deemed to have ceased to be registered quantity surveyor 27. De-registration of quantity surveyors 28. Surrender of certificate 29. Appeals PART V GENERAL 30. Regulations CHAPTER 438 QUANTITY SURVEYORSAct No. 37 of 1995 An Act to establish a Quantity Surveyors Registration Board; to provide for the registration of quantity surveyors and to provide for matters connected with or incidental to the foregoing. [29th December, 1995] PART I PRELIMINARY 1. This Act may be cited as the Quantity Surveyors Act.Short title 2. In this Act, unless the context otherwise requires-Interpretation
"Board" means the Board established by section three; "Chairman" means the Chairman appointed under section eleven; "committee" means a committee of the Board; "foreign firm" means a firm in which the majority of the partners are non-Zambian; "Institute" means the Surveyors Institute of Zambia registered under the Societies Act;Cap. 119 "member" means a member of the Board or a committee; "registered quantity surveyor" means a person registered as a quantity surveyor under this Act; "Registrar" means the Registrar appointed under section fourteen; and "Vice-Chairman" means the Vice-Chairman elected under section eleven. PART II QUANTITY SURVEYORS REGISTRATION BOARD 3. There is hereby established a Quantity Surveyors Registration Board which shall be a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name and with power, subject to the provisions of this Act to do all such acts and things as a body corporate may by law do or perform.Establishment of Board 4. (1) The seal of the Board shall be such device as the Board may determine and shall be kept by the Registrar.Seal of Board (2) The affixing of the seal shall be authenticated by the Chairman or the Vice-Chairman and the Registrar or one other member authorised in that behalf by a resolution of the Board. (3) Any document purporting to be a document under the seal of the Board or issued on behalf of the Board shall be received in evidence and shall be deemed to be executed or issued, as the case may be, by the Board without further proof, unless the contrary is proved. 5. The functions of the Board shall be to- (a) maintain and improve the status of quantity surveyors in Zambia; and (b) consider allegations of conduct contrary to the profession of a quantity surveyor.Functions of Board 6. (1) The Board shall be composed of the following members:Composition of Board (a) three registered quantity surveyors employed by the Government; (b) three registered quantity surveyors in private practice;
(c) two registered quantity surveyors employed by a contractor; and (d) a representative of the Attorney-General, who shall be nominated by the Attorney-General. (2) In this section "contractor" means a company which, or an individual who, carries out the construction of structures such as buildings, bridges, roads and such other similar infrastructures. 7. The members of the Board except the member referred to in paragraph (d) of subsection (1) of section six, shall be nominated by the Institute and shall be appointed by the Minister.Appointment of members of Board 8. (1) A member shall hold office for a period of three years from the date of his appointment and shall be eligible for re-appointment for further period of three years.Tenure of office (2) A member may resign from the Board upon giving one month's notice, in writing, to the Minister. (3) The office of a member shall become vacant- (a) upon the member's death; (b) if the member is absent without reasonable excuse from three consecutive meetings of the Board of which the member has had notice; (c) on ceasing to be a registered quantity surveyor; or (d) if he is declared bankrupt. 9. A member shall be paid such remuneration or allowances as the Board may determine.Remuneration and allowances 10. (1) Subject to the other provisions of this Act, the Board may regulate its own procedure.Proceedings of Board (2) The Board may invite any person whose presence is in its opinion desirable, to attend and to participate in the deliberations of a meeting of the Board, but such person shall have no vote. (3) The validity of any proceedings, act or decision of the Board shall not be affected by any vacancy in the membership of the Board or any defect in the appointment of any member or by reason that any person not entitled so to do took part in the proceedings. (4) The Board shall cause to be kept minutes of the proceedings of every meeting of the Board and of every committee established by the Board. 11. (1) There shall be a Chairman who shall be appointed by the Minister from amonst the members.Chairman and Vice-Chairman (2) There shall be a Vice-Chairman who shall be elected by the Board from amongst its members. (3) The Board shall meet for the transaction of business at least four times in
any calendar year at such places and times as the Chairman may determine. (4) A meeting of the Board may be called by the Chairman upon giving notice of not less than fourteen days and shall be so called if not less than three members of the Board so request, in writing: Provided that if the urgency of any particular matter does not permit the giving of such notice, a special meeting may be called, upon giving shorter notice. (5) Five members shall form a quorum at any meeting of the Board. (6) There shall preside at any meeting of the Board- (a) the Chairman; or (b) in the absence of the Chairman, the Vice-Chairman; or (c) in the absence of both the Chairman and Vice-Chairman, such member as the members present may elect from amongst themselves for the purpose of that meeting. (7) A decision of the Board on any question shall be by a majority of the members present and voting at the meeting and, in the event of an equality of votes, the person presiding shall have a casting vote in addition to his deliberative vote. 12. (1) The Board may, for the purpose of performing its functions under this Act, establish committees and delegate to any committee established such of its functions as it considers fit.Committees of Board (2) The Board may appoint as members of a Committee established under subsection (1), persons who are, or are not, members of the Board and such persons shall hold office for such period as the Board may determine. (3) Subject to any specific or general direction of the Board, any committee established under subsection (1), may regulate its own procedure. 13. (1) If any person is present at a meeting of the Board or a committee at which any matter is the subject of consideration and in which matter that person or his spouse is directly or indirectly interested in a private capacity, he shall as soon as practicable after the commencement of the meeting, disclose such interest and shall not, unless the Board otherwise directs, take part in any consideration or discussion of, or vote on, any question touching the matter.Disclosure of interest (2) A disclosure of interest made under subsection (1) shall be recorded in the minutes of the meeting at which the disclosure is made. PART III REGISTRATION OF QUANTITY SURVEYORS 14. There shall be a Registrar of Quantity Surveyors who shall be appointed by the Board.Registrar 15. (1) An application for registration as a quantity surveyor shall be submitted to the Registrar in the prescribed form.Application for registration
as a quantity surveyor (2) On receipt of an application under subsection (1) the Registrar may, within thirty days, carry out any investigation, or require any further information to be submitted to him, as he considers necessary. (3) An application for registration as a quantity surveyor shall be accompanied by- (a) a registration fee; and (b) a certificate of the relevant academic qualifications. (4) A foreign firm may operate in Zambia if it is registered by the Board, in joint venture with a Zambian quantity surveying firm. 16. The Board shall issue a person with a certificate of registration as a quantity surveyor.Issue of certificate 17. (1) The Registrar shall keep a register in which the name of a person who registers his name under section fifteen shall be entered.Register (2) The register referred to in subsection (1) shall show against the name of the person whose name is entered in it such particulars as the Board considers necessary, and the Board shall enter in the register all changes in relation to those particulars. 18. (1) A person shall not be registered as a quantity surveyor unless he- (a) is at the date of his application for registration, resident in Zambia; (b) has attained the age of twenty-one years; and (c) holds a Bachelor of Science Degree in quantity surveying, building economics and measurement or other equivalent qualifications approved by the Board; or (d) has completed at least five years of a professional course from a university recognised by the Commonwealth Association of Surveying and Land Economy (CASLE).Qualification for registration as a quantity surveyor (2) in addition to the qualifications referred to in subsection (1), a person shall- (a) have completed two years of post graduate practical experience in full-time employment under the supervision of a registered quantity surveyor, one year of which shall be in private practice or Government employment and has been keeping a diary on a day-to-day basis on the person's work which diary shall be signed by the supervising registered quantity surveyor; or (b) hold qualifications equivalent to those in paragraph (c) of subsection (1), have had not less than three years' working experience as a quantity surveyor outside Zambia, and have worked for a period of not less than twelve months in Zambia under the supervision of a registered quantity surveyor in private practice or Government. (3) Where a firm is registered by the Board, that firm shall file with the
registrar, a memorandum of practice signed by all the partners stating- (a) the names and qualifications of each partner; (b) the nationality of partners; (c) the name of the firm; and (d) the address of the registered office, the postal address, the telephone and facsimile number of the firm. 19. The Board shall issue a certificate of registration to every person registered under this Act.Certificate of registration 20. Every person registered under this Act shall be entitled to use the title "registered quantity surveyor" or the abbreviation "RQS" after his name.Effect of registration 21. (1) A person who is not registered under this Act shall not be entitled to use the title "registered quantity surveyor" or hold himself out as a registered quantity surveyor.Effect of non-registration (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding fifty thousand penalty units. 22. Where a registered quantity surveyor changes his address, he shall immediately inform the Registrar, in writing, of that change.Change of address 23. Every registered quantity surveyor shall on or before the 1st July each year pay such annual subscription as the Board may determine.Annual subscription PART IV DISCIPLINARY PROCEEDINGS 24. A registered quantity surveyor who conducts himself in a manner contrary to his profession, or engages in any occupation which is consistent with his profession shall be liable to reprimand, suspension or expulsion.Reprimand, suspension or expulsion 25. (1) Where the Registrar finds that a registered quantity surveyor has conducted himself in a manner contrary to his profession, the Registrar shall prefer that charge against that registered quantity surveyor and shall sign the charge.Procedure before reprimand, suspension or expulsion (2) The Registrar shall immediately after signing the charge referred to in subsection (1), lay the charge before the Board. (3) The Board shall examine the charge and if, in its opinion, there is a prima facie case against the registered quantity surveyor concerned, it shall send a copy of the charge, by registered post to the registered quantity surveyor concerned and shall require him to answer to the charge. (4) The registered quantity surveyor referred to in subsection (3) shall appear in person or through a legal practitioner before the Board.
(5) Where a registered quantity surveyor who is required to appear before the Board fails to do so, or if the Board is not satisfied with his answer to the charge, the Board may order that the registered quantity surveyor concerned be- (a) reprimanded; (b) suspended for such period as the Board may determine; or (c) expelled. (6) The Board shall not order a reprimand, suspension or expulsion unless it is made by a decision of not less than four members of the Board present at a meeting of the Board. 26. A registered quantity surveyor whose address is unknown to the Registrar or whose annual subscription is at least one year in arrear, shall be deemed to have ceased to be a registered quantity surveyor and- (a) his name shall be cancelled from the Register; and (b) his certificate of registration shall be cancelled immediately.Circumstances when registered quantity surveyor deemed to have ceased to be registered quantity surveyor 27. (1) The Board may de-register a registered quantity surveyor if that quantity surveyor is found guilty of an offence under this Act.De-registration of quantity surveyors (2) A registered quantity surveyor who is de-registered under subsection (1) shall not be re-registered as a quantity surveyor except after the expiration of a period of not less than three years. 28. Any registered quantity surveyor who is suspended, resigns or whose name is cancelled, from the register shall upon demand from the Board, immediately surrender his certificate of registration to the Board and the Board shall, in the case of a person who- (a) is suspended, retain his certificate during the period of suspension of that person; or (b) resigns, or whose name is cancelled or ordered to be cancelled from the register, cancel that person's certificate.Surrender of certificate 29. (1) Any person aggrieved with a decision of the Board may within 90 days appeal to the Minister.Appeals (2) If after appealing to the Minister a person is aggrieved with the decision of the Minister, he may appeal to the High Court. PART V GENERAL 30. The Minister may, by statutory instrument and on the recommendation of the Board, make Regulations for all or any of the following purposes- (a) the determination of conduct which is contrary to the profession of a
quantity surveyor and the determination of methods of inquiry into, and dealing with, such conduct and the penalty which may be imposed where a member is found guilty of each conduct; (b) the determination of the scale of fees to be charged by quantity surveyors for professional services rendered; (c) prescribing fees to be paid for registration and the annual subscriptions to be paid by registered quantity surveyors; and (d) the suspension and de-registration of quantity surveyors. Regulations REPUBLIC OF ZAMBIA THE PETROLEUM (EXPLORATION AND PRODUCTION) ACT CHAPTER 440 OF THE LAWS OF ZAMBIA CHAPTER 440 THE PETROLEUM (EXPLORATION AND PRODUCTION) ACTCHAPTER 440 THE PETROLEUM (EXPLORATION AND PRODUCTION) ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation 3. Title to petroleum PART II PETROLEUM COMMITTEE 4. Establishment of Committee and functions 5. Composition of Committee 6. Tenure of office 7. Vacancies 8. Proceedings of Committee 9. Secretary 10. Disclosure of interest 11. Immunity of members
PART III ADMINISTRATION 12. Administration of Act 13. Delegation of Minister's powers 14. Petroleum register 15. Inspection of register 16. Information of contracts to be submitted to Provincial Councils PART IV GRANT OF RIGHTS TO CONDUCT PETROLEUM OPERATIONS 17. Right to conduct petroleum operations 18. Authority to contract 19. State participation 20. Qualifications to contract 21. Prohibitions 22. Bids 23. Blocks PART V TYPE AND NATURE OF CONTRACTS 24. Conditions of contract 25. Contents of contract 26. Obligations of contractor 27. Term of contract 28. Relinquishment 29. Transfers and assignments 30. Termination 31. Duty to indemnify 32. Conservation and work practices PART VI
AREAS OF OPERATION AND SURFACE RIGHTS 33. Areas closed to petroleum operations 34. Restricted areas 35. Surface rights and compensation 36. Other minerals PART VII GOVERNMENT REVENUES 37. Income Tax 38. Employee taxation 39. Royalty or production payment 40. Surface rentals 41. Other fees, charges and levies 42. Exemptions PART VIII GENERAL PROVISIONS Section 43. Immunity of public officers 44. Prohibition of publication or disclosure of information to unauthorised persons 45. Disputes between State and contractor 46. Disputes between contractor and others 47. Revocation 48. Effect of revocation 49. Penalty 50. Regulations 51. Non-application of the Mines and Minerals Act CHAPTER 440 PETROLEUM (EXPLORATION AND PRODUCTION) ACT
An Act to regulate petroleum exploration, development and production in Zambia; to provide for title to and control of petroleum in Zambia; to provide for the establishment of a Petroleum Committee; to define the functions and powers of the Committee; to regulate contracts relating to petroleum operations; and to provide for matters connected with or incidental to the foregoing. [12th April, 1985]Act No. 13 of 1985 1 of 1993 13 of 1994 15 of 1996 PART I PRELIMINARY 1. This Act may be cited as the Petroleum (Exploration and Production) Act.Short title 2. In this Act, unless the context otherwise requires-Interpretation "Chairman" means the person designated Chairman of the Committee by section five; "Commercial discovery" means a discovery of petroleum which can be exploited commercially in accordance with accepted practices in the international petroleum industry; "Committee" means the Petroleum Committee established by section four; "Contract" means any agreement between the State and a contractor entered into pursuant to this Act for the conduct of petroleum operations in the Republic; "Contractor" means any person with whom the State enters into a contract; and includes his agents, representatives and assignees; "Contract Area" means a geographical area which is covered by a contract; and includes the whole of, or such part or parts of, the original area awarded to a contractor as shall remain at the disposal of such contractor from time to time pursuant to the terms of the contract; "Crude oil" means petroleum which is in liquid state at the well head or gas/oil separator or which is extracted from natural gas, including any distillate or condensate; "Development and production period" shall be construed in accordance with section twenty-seven; "Exploration period" shall be construed in accordance with section twenty-seven; "Member" means a member of the Committee; "Minerals" shall have the meaning assigned thereto in the Mines and Minerals Act; but shall not include petroleum;Cap. 213 "Natural gas" means all petroleum which at atmospheric conditions of temperature and pressure is in a gaseous state; and includes wet mineral gas, dry mineral
gas, wet gas and residue gas remaining after the extraction, processing or separation of liquid petroleum from wet gas, as well as non-petroleum gas or gases produced in association with liquid or gaseous petroleum; "Petroleum" means all natural organic substances composed of carbon and hydrogen; and includes crude oil and natural gas, and all other mineral substances, products, by-products and derivatives that are found in conjunction with petroleum; "Petroleum operations" means the operations related to the exploration, development, extraction, production, field separation, transportation, storage, sale or disposal of petroleum; but does not include any transportation or other operations- (i) beyond the point of export; or (ii) in the case of petroleum which is processed within Zambia, beyond the point of entry into a refinery or liquefaction or natural gas treatment plant; "Register" means the petroleum register maintained pursuant to section fourteen of this Act; "Vice-Chairman" means the person designated Vice-Chairman of the Committee by section five. 3. (1) The entire property in and control over all petroleum and accompanying substances, in whatever physical state, located on or under the territory of the Republic is vested exclusively in the President on behalf of the State.Title to petroleum (2) Notwithstanding the provisions of subsection (1), a contract may provide for a person to acquire property in, title to or control over any petroleum within the Republic. (3) The provisions of subsections (1) and (2) shall have effect notwithstanding any rights which any other person may possess in or over the soil on or under which petroleum is discovered. PART II PETROLEUM COMMITTEE 4. There is hereby established the Petroleum Committee which shall be responsible for the formulation of policies relating to petroleum and its development in Zambia and shall perform such other functions as are provided for under this Act.Establishment of Committee and functions 5. The Committee shall consist of the following members: (a) the Minister responsible for mines, who shall be Chairman; (b) four Ministers appointed by the President, one of whom shall be designated Vice-Chairman; (c) the Governor of the Bank of Zambia or in his absence the Deputy Governor; (d) not more than three other persons who shall be appointed by the President
on such terms and conditions as he may think fit.Composition of Committee 6. (1) A member appointed under paragraph (d) of section five shall hold office for a period of three years from the date of his appointment and may be re-appointed upon the expiration of such term.Tenure of office (2) A member referred to in subsection (1) may resign upon giving one month's notice in writing to the President and may be removed by the President at any time. 7. (1) A member shall vacate his office if he is absent from two consecutive meetings of the Committee without reasonable cause.Vacancies (2) Whenever the office of a member becomes vacant before the expiry of the term specified in section six, the President may appoint another person to be a member: Provided that such other person shall hold office only for the unexpired term of the person who vacates such office. 8. (1) Subject to the other provisions of this Act, the Committee may regulate its own procedure.Proceedings of Committee (2) The Committee shall meet, as often as is necessary to carry out its functions, at such places and at such times as the Chairman may decide. (3) Upon giving notice of not less than five days, a meeting of the Committee may be called by the Chairman and shall be called if not less than five members so request in writing: Provided that if the urgency of any particular matter does not permit the giving of such notice, a special meeting may be called upon giving shorter notice. (4) Five members shall form a quorum at any meeting of the Committee. (5) There shall preside at any meeting of the Committee- (a) the Chairman; or (b) in the absence of the Chairman, the Vice-Chairman; or (c) in the absence of the Chairman and the Vice-Chairman, such member as the members present may elect for the purposes of that meeting. (6) A decision of the Committee on any question shall be by a majority of the members present and voting at the meeting and, in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his deliberative vote. (7) The Committee may invite any person, whose presence is in its opinion desirable, to attend and to participate in the deliberations of a meeting of the Committee but such person shall have no vote. (8) The validity of any proceedings, act or decision of the Committee shall not be affected by any vacancy in the membership of the Committee or by any defect in the appointment of any member or by reason that any person not entitled so to do took part in the proceedings.
(9) The Committee shall cause minutes to be kept of the proceedings of every meeting of the Committee. 9. (1) The Permanent Secretary in the Ministry responsible for mines shall be the Secretary to the Committee.Secretary (2) The Secretary shall be responsible for the day to day affairs of the Committee under the general supervision of the Chairman. 10. (1) If a member is present at a meeting of the Committee at which any matter is the subject of consideration and in which matter the member or his spouse is directly or indirectly interested in a private capacity, he shall, as soon as practicable after the commencement of the meeting, disclose such interest and shall not, unless the Committee otherwise directs, take part in any consideration or discussion of, or vote on, any question touching such matter.Disclosure of interest (2) A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which it is made. 11. No action or other proceedings shall lie or be instituted against any member for or in respect of any act or thing done or omitted to be done in good faith in the exercise or purported exercise of his functions under this Act.Immunity of members PART III ADMINISTRATION 12. Subject to the provisions of section four the Minister shall be responsible for the administration of this Act.Administration of Act 13. The Minister may delegate to any public officer any of his functions under this Act:Delegation of Minister's powers Provided that the Minister shall not delegate his power to enter into and terminate or revoke any contract. 14. (1) The Minister shall cause to be maintained a register which shall contain the following information:Petroleum register (a) in respect of each contract entered into, the names of all persons with whom the contract is made, the names of any assignee of any rights under such contract and a brief description of the duration of the exploration period, and of the contract area for such contract; (b) copies of all instruments of approval of contracts entered into pursuant to subsection (1) of section eighteen of this Act; (c) the contractor's office address in the Republic and the name of its resident representative along with a copy of the powers of attorney establishing such representative's authority to act on behalf of the contractor; (d) instruments evidencing the termination, revocation or expiration of contracts;
(e) a map of the Republic illustrating those areas currently under contract and those which remain available for award in accordance with this Act; (f) instruments evidencing- (i) the nature and extent of any areas relinquished or surrendered by a contractor; (ii) the establishment of a commercial discovery of petroleum, the date of declaration thereof, the delimitation of the areas involved and the duration of the development and production period; and (iii) the grant of extensions to the exploration period pursuant to the terms of the contract; and (g) such other information as the Minister may determine. (2) Registration shall not cure any defect in any document registered or confer upon it any effect or validity which it would not otherwise have had. 15. The Minister shall, on application and upon payment of the prescribed fee, allow inspection of the register at all reasonable times and shall, upon request, give copies or extracts from any entry in such register.Inspection of register 16. The Minister shall forward, in such form and manner as he may determine, details of every contract and of any instrument transferring, approving or terminating any contract or any interest therein, as may be entered in the register, to the Provincial Council in whose area the contract area in question is situated.Information of contracts to be submitted to Provincial Councils PART IV GRANT OF RIGHTS TO CONDUCT PETROLEUM OPERATIONS 17. (1) The State reserves the right to carry out petroleum operations either on its own or by means of contracts with any qualified person.Right to conduct petroleum operations (2) No petroleum operations shall be conducted in the Republic by any person other than the State unless such person has entered into a contract in accordance with this Act. 18. Subject to the other provisions of this Act, the Minister may issue invitations for bids and, following the approval of the Committee as to his selection of bidders for negotiations, may conduct negotiations and enter into contracts:Authority to contract Provided that- (i) such contracts shall not become effective until the written approval thereto of the Committee is obtained; and (ii) the terms and conditions embodied in such contracts shall not be contrary to or inconsistent with the provisions of this Act. 19. The Minister may, with the approval of the Committee, provide for the
State's participation, directly or indirectly, in some or all stages of the petroleum operations and such participation may include the right to participate in the rights and obligations set out in a contract.State participation 20. (1) A contract shall only be entered into with persons who demonstrate a proven ability to contribute the necessary funds, assets, machinery, equipment, tools and technical expertise necessary for the effective performance of the terms and conditions of the proposed contract.Qualifications to contract (2) For the purpose of establishing the ability of a particular person as described in subsection (1), the Minister may require the submission of documentation demonstrating the expertise and technical and economic capability of such person. 21. (1) Except as a nominee of the State, no member, employee or representative of the State or public service shall, directly or indirectly, acquire or hold any right or interest under any contract and any instrument purporting to confer such right or interest on any such person shall be null and void.Prohibitions (2) No person shall acquire by transfer, assignment or any other means any right or interest under any contract which he is otherwise barred from obtaining in his own behalf under the provisions of this Act. 22. (1) Except as otherwise provided in subsection (3), the selection of contractors shall be carried out through public competitive bidding or such other competitive procedures as may be determined by the Minister.Bids (2) The Minister shall publish in the Gazette a description of the areas for which bids are to be solicited along with the procedures and rules relating to the submission of such bids. (3) Notwithstanding the preceding subsections, the Minister may, with the approval of the Committee, select contractors other than through competitive bidding procedures in the following cases- (a) where the technical or economic circumstances make it advisable; or (b) where he determines that the circumstances so require. 23. For the purposes of this Act, the territory of the Republic, or parts thereof, shall be divided into blocks, according to a grid system, in accordance with regulations to be prescribed by the Minister.Blocks PART V TYPE AND NATURE OF CONTRACTS 24. (1) Subject to the other provisions of this Act and to any other condition as may be specified in a contract, a contractor shall be entitled for the duration of such contract to the exclusive right to carry out petroleum operations in a contract area, and to freely lift, dispose of and export the petroleum to which he is entitled under such contract.Conditions of contract (2) Except as may otherwise be provided in a contract, the contractor shall take upon himself all the risks inherent in petroleum operations and shall commit himself to supply exclusively for his account, the technology, capital,
equipment, machinery and all other investments required for petroleum operations in the contract area: Provided that- (i) in the fulfilment of this obligation the contractor shall not have recourse to bank credit from institutions, companies or enterprises operating in the Republic; and (ii) in the case of termination of a contract due to non-discovery of petroleum, the State shall not be obliged to make any reimbursement to the contractor with respect to the investments made. 25. Each contract shall include the following:Contents of contract (a) the procedures for management and control by the State of petroleum operations; (b) the duration of the contract; (c) the investment and other obligations of the contractor; (d) the requirement that a letter of guarantee be submitted by the contractor to secure the fulfilment of the exploration obligations undertaken; (e) provisions regarding the sharing of revenues between the State and the contractor, and terms as to the recovery of expenditures made by the contractor, as applicable to the particular contract; (f) a description of the contract area on the effective date of the contract; and (g) the procedure for determining the existence of a commercial discovery and for delimiting the area involved. 26. In addition to the provisions of section twenty-five, every contract shall require the contractor to undertake the following obligations:Obligations of contractor (a) to employ and train Zambian nationals to the fullest extent possible with a view to the replacement of foreign personnel as soon as may be practicable; such training and employment to be carried out in accordance with a programme approved by the Minister; (b) to maintain, and furnish to the Minister, periodic reports, records, returns, samples and data concerning petroleum operations; (c) to keep current financial and cost accounting records of petroleum operations, with pertinent records and vouchers, during the term of the contract, in accordance with normal accounting practices in the international petroleum industry; (d) to permit the State or its authorised representatives reasonable inspection and audit rights over all petroleum operations and over all records, reports and returns maintained or submitted to the Minister; (e) to purchase Zambian goods and services, if, in terms of price, quality
and availability, such goods and services are within such margins of competitiveness with imported goods and services as may be agreed in the contract; (f) to expend a minimum amount and carry out certain minimum work in the contract area during the exploration period; (g) to present annually to the Minister, complete work programmes and budgets for petroleum operations to be conducted for each year; (h) to report immediately to the Minister any discovery of petroleum, and supply a sample thereof to the Ministry within a reasonable time after the date of such discovery; (i) in the case of a commercial discovery of petroleum, to delimit the area involved, develop the discovery and commence production with due diligence; (j) to appoint, in cases where the contractor is a person who is not resident in the Republic or whose head office is elsewhere than in the Republic, a representative, and in his absence a replacement therefor, with full powers to represent the contractor in all matters relating to petroleum operations, including the obligations imposed by this Act; and (k) to supply to the State out of any petroleum to which he is entitled pursuant to the contract such quantity of petroleum as may be required to meet the requirements of the Republic for internal consumption: Provided that the quantity of petroleum to be so supplied by any contractor shall be determined on a basis that does not discriminate against any individual contractor and that the price therefore shall be fair and reasonable. 27. (1) The term of a contract shall be divided into an exploration period and a development and production period.Term of contract (2) The exploration period shall not exceed ten years in duration: Provided that under exceptional circumstances such duration may be extended for such period and upon such terms and conditions as may be specified in a contract, or as may be approved by the Committee. (3) Where no commercial discovery is made during an exploration period the contract shall terminate. (4) Where a commercial discovery is made the development and production period, relating to such discovery, which shall not exceed twenty-five years in duration, shall thereupon commence. 28. Every contract shall provide for the relinquishment of part or parts of the contract area at such time or times as shall be prescribed therein:Relinquish-ment Provided that the obligation to relinquish part or parts of the contract area shall not apply to any part of the contract area encompassing the area of a commercial discovery. 29. Except with the prior approval of the Minister, no contractor shall assign, encumber or transfer any contract, or any rights or obligations arising
out of a contract; and any such transfer, assignment or encumberance shall be null and void.Transfers and assignments 30. Every contract shall stipulate the terms and conditions upon which the contract may be terminated by the State or the contractor and the effects of such termination:Termination Provided that the termination of any contract, for whatever reason, shall not affect in any way any liability incurred by a contractor before such termination. 31. Each contractor shall at all times indemnify the State and its representatives and agents against all and any claims made by third parties in respect of any injury, damage or loss caused by an act or omission of the contractor, his contractors, his sub-contractors or his agents, employees or representatives in the course of the conduct of petroleum operations.Duty to indemnify 32. (1) In the conduct of petroleum operations, each contractor, in accordance with generally accepted practices in the international petroleum industry, shall-Conservation and work practices (a) carry out petroleum operations using the most reliable, modern and efficient techniques; (b) take steps to obtain the maximum efficient level of production, determined in accordance with the terms and conditions of the contract, compatible with the nature and extent of the petroleum reservoirs discovered; (c) control the flow and prevent the waste or escape of petroleum, water, drilling fluids, or any mixture thereof; (d) generally adopt the necessary measures for the protection of flora, fauna and other natural resources; (e) avoid the pollution or contamination of water, atmosphere or land; (f) maintain in good condition and repair all structures, equipment and other property used in petroleum operations; (g) carry out petroleum operations in a proper, safe and workmanlike manner; (h) take all steps necessary to secure the safety, health and welfare of persons engaged in petroleum operations; (i) upon the termination of the contract, carry out all clean-up operations and render the contract area safe; and (j) at any time completely remove any structure or facility which has ceased to be used. (2) The procedures for the application and enforcement of such conservation and work practices shall be prescribed in the regulations and may be developed in the contract. PART VI
AREAS OF OPERATION AND SURFACE RIGHTS 33. The Minister may, with the approval of the Committee, declare certain areas of the Republic to be closed to some or all petroleum operations:Areas closed to petroleum operations Provided that- (i) such closure shall be without prejudice to existing rights to conduct petroleum operations in the areas concerned; and (ii) the Minister may, with the approval of the Committee, permit petroleum operations to be carried out therein, subject to such terms and conditions as he may determine. 34. (1) No person shall, without the written consent of the President, carry out petroleum operations-Restricted areas (a) upon any land dedicated as a place of burial; (b) upon any land containing any ancient monument or national monument as defined in the National Heritage Conservation Commission Act;Cap. 173 (c) upon any land which is the site of or is within one hundred metres of any building or dam owned by the Republic; (d) upon any land forming part of a Government aerodrome as defined in the Air Navigation Regulations;Cap. 444 (e) upon any land occupied as a village; or (f) upon any land forming part of a defence establishment. (2) No person shall, without the written consent of the owner or legal occupier thereof or his duly authorised agent, carry out any petroleum operations- (a) upon any land which is the site of or which is within two hundred metres of any inhabited, occupied or temporarily unoccupied house or building; (b) within fifty metres of any land which has been cleared or ploughed or otherwise bona fide prepared for the growing of farm crops or upon which farm crops are growing; (c) upon any land from which, during the twelve months immediately preceding, farm crops have been reaped; (d) upon any land which is the site of or is within one hundred metres of any cattle dip, tank, dam or any private water as defined in the Water Act; orCap. 198 (e) upon any land forming part of an aerodrome, other than an aerodrome referred to in subsection (1)(d): Provided that where consent is unreasonably withheld, the President may authorise the conduct of petroleum operations in such areas subject to such terms and conditions as he may determine.
(3) No person shall, without the written consent of the President carry out petroleum operations upon any land- (a) reserved for the purposes of any railway track or within fifty metres of any railway track; (b) used as a forest, nursery or plantation or as a timber depot, sawmill or other installation for working a forest; (c) used as a street, road or highway; and no contractor shall carry out petroleum operations upon any land- (d) declared to be a National Forest or a Local Forest, as defined in the Forests Act without complying with the provisions of sections sixteen and twenty-four of that Act;Cap. 199 (e) in a National Park, without complying with section thirty of the National Parks and Wildlife Act.Cap. 201 (4) Every person carrying out petroleum operations shall, when so requested, produce evidence of the right to carry out such operations to the legal owner or occupier of the land upon which such operations are being carried out, or to the duly authorised agent of such owner or occupier, and in default of such production such person may be treated as a trespasser. 35. (1) Subject to the provisions of this Act or the terms and conditions of any contract, and any other law which prohibits, regulates or restricts the entry into any area of the Republic, the contractor may enter into, occupy and carry out activities necessary for the conduct of petroleum operations in the contract area and whilst engaged therein may:Surface rights and compensation (a) within the contract area erect temporary or permanent houses, buildings, engines, machinery, plant and other works, and acquire in the prescribed manner such rights of way, easements and other rights of access as may be necessary for the proper execution of petroleum operations; (b) take and use water for domestic use and for the purposes of petroleum operations in accordance with the provisions of the Water Act;Cap. 198 (c) subject to the provisions of the Roads and Road Traffic Act and the Aviation Act, construct, maintain and operate all such airfields, roads, bridges, communication systems and conveniences as may be necessary;Cap. 464 Cap. 444 (d) subject to the provisions of the Water Act, lay water pipes and make water courses and ponds, dams and reservoirs, lay drains and sewers and construct and maintain sewage disposal plants;Cap. 198 (e) subject to the prior approval of the Minister- (i) construct, reconstruct, alter and operate pipelines, pumping stations and other necessary facilities incidental thereto; and (ii) operate and maintain at any place within the Republic such other facilities and works as may be necessary for carrying out petroleum operations.
(2) The rights conferred by subsection (1) shall be exercised reasonably so as not to affect adversely the interests of any legal owner or occupier of the land on which such rights are exercised to any greater extent than is necessitated by the reasonable and proper conduct of the operations concerned. (3) Where the contract area includes an area of land which is owned by or vested in the State, such land shall, subject to the other provisions of this Act, be at the disposal of the contractor to the extent required for petroleum operations by virtue of the existence of the contract. (4) (a) Subject to the provisions of the Lands Act, where the contract area includes an area of land over which any person other than the State has a lawful interest or the land is in use by the State, the contractor shall negotiate with such person or the State, as the case may be, for the grant of a right-of-way, easement or such other right of access as may be necessary for the conduct of petroleum operations thereon;Cap. 184 (4) (b) Where there is no agreement between such person and the contractor concerning the grant of a right-of-way, easement or such other right of access, the contractor may apply, through the Minister, to the President to have the said area compulsorily acquired under the provisions of the Lands Acquisition Act:Cap. 189 (4) (b) Provided that all compensations due for such rights compulsorily acquired by the President on behalf of the contractor shall be borne by the contractor. (5) The acquisition of rights-of-way, easements or other rights of access by a contractor over land outside the boundaries of the contract area for the purpose of petroleum operations shall be made in accordance with the regulations made hereunder and any other applicable law. (6) Any and all rights acquired or conferred pursuant to this section shall automatically expire when the contract to which they relate is terminated. (7) Without prejudice to the preceding subsections of this section, the contractor shall, on demand being made by any person having a lawful interest in land upon or under which petroleum operations are being carried out, pay to such person fair and reasonable compensation for any disturbance of his surface rights, and for damage done to the surface of the land, or to any livestock, crops, trees, buildings or works as a result of petroleum operations. The amount of compensation payable shall be determined by agreement between the parties or, if the parties are unable to reach agreement or the agreed compensation is not paid, either party may refer the matter to the Minister who shall deal with the same as if the matter had arisen under the provisions of the Mines and Minerals Act.Cap. 213 36. (1) Without prejudice to the provisions of sub-section (1) of section twenty-four the State shall have the right to grant to persons, other than a contractor, licences pursuant to the Mines and Minerals Act for the prospecting and exploration for, and mining of, substances other than petroleum within the contract area. In such event, the contractor shall afford safe passage for the licensee to that portion of the contract area in which such licensee proposes to carry out its operations:Other minerals Cap. 213 Provided that the operations of such licensee shall in no way hinder petroleum
operations. (2) If any historical objects, fossils or minerals of economic interest or capable of development are discovered by a contractor during the course of petroleum operations, the contractor shall report such discovery and shall supply, in the case of a discovery of minerals, a sample thereof to the Minister. PART VII GOVERNMENT REVENUES 37. A contractor, his contractors and sub-contractors shall be liable for the payment of income tax in accordance with the Income Tax Act with respect to income deriving from petroleum operations.Income tax Cap. 323 38. (1) The income of individuals who are employed by contractors, their contractors and sub-contractors, or who hire their services out to such organisations, shall be subject to payment of income tax in accordance with the Income Tax Act.Employee taxation Cap. 323 (2) A contractor, his contractors and sub-contractors shall be obliged to withhold and pay to the State any income tax assessed on the taxable income of such individuals in accordance with and as required by the Income Tax Act. (As amended by Act No. 1 of 1993)Cap. 323 39. (1) The Minister shall require a contractor to pay to the State a royalty or production payment in cash or in kind, at the option of the State, upon the gross value or volume, as the case maybe, of crude oil produced and saved in the contract area after deducting the amount of crude oil used and consumed in the conduct of petroleum operations.Royalty or production payment (2) The Minister may require a contractor to pay to the State a royalty or production payment based on the gross value or volume, as the case may be, of natural gas produced, saved and sold from the contract area after deducting the amount of natural gas used and consumed in the conduct of petroleum operations. (3) The amount of such royalties may be prescribed by the regulations or in individual contracts. 40. Every contract shall require the contractor to make annual surface rental payments in respect of the contract area, and the amount of such surface rental shall be prescribed in the regulations.Surface rentals 41. Provision may be made in the regulations or in individual contracts for the payment by the contractor of fees, charges or other levies to the State in connection with the carrying out of petroleum operations pursuant to this Act.Other fees, charges and levies 42. (1) A contractor shall be granted exemptions from customs duties, levies or imposts as may be prescribed by any other law, on the exportation of petroleum which such contractor is entitled to export pursuant to his contract.Exemptions
(2) A contractor, his contractors and sub-contractors may be granted, upon approval by the Minister responsible for the administration thereof, relief from the following- (a) any tax or customs duties payable on the importation and subsequent exportation of machinery, equipment, materials and other items required for petroleum operations; and (b) any tax or customs duties payable on the importation and subsequent exportation of reasonable quantities of household goods and personal effects by non-Zambian employees of such contractor, his contractors and sub-contractors. (As amended by Act No. 15 of 1996) PART VIII GENERAL PROVISIONS 43. The provisions of section eleven shall apply mutatis mutandis to any public officer.Immunity of public officers 44. (1) No person shall, without the consent in writing given by or on behalf of the Minister, publish or disclose to any person, otherwise than in the course of his duties, the contents of any document, communication or information whatsoever, which relates to, and which has come to his knowledge in the course of, his duties under this Act.Prohibition of publication or disclosure of information to unauthorised persons (2) No person having information which to his knowledge has been published or disclosed in contravention of sub-section (1) shall publish or communicate any such information to any other person. 45. Contracts may provide for arbitration of disputes arising thereunder between the State and the contractor in accordance with rules issued and administered by recognised international bodies.Disputes between State and contractor 46. If any dispute, controversy or difference arises between two or more contractors or between a contractor and any person holding mining rights pursuant to the Mines and Minerals Act or between a contractor and any other person, the parties to such dispute, controversy or difference may jointly or individually apply to the Minister to investigate and resolve the same pursuant to and in accordance with the provisions of of the Mines and Minerals Act.Disputes between contractor and others. Cap. 213 Cap. 213 47. (1) Where any contract is entered into and it is subsequently found that such contract was entered into as a result of any false or fraudulent representation or in consequence of any incorrect information, the Minister may give written notice to the contractor requiring him to show cause within a specified time why such contract should not be revoked.Revocation (2) Where any contractor is in breach of any provision of this Act, the Minister may give written notice to the contractor requiring him to show cause within a specified time why his contract should not be revoked.
(3) If the contractor fails to comply with a notice given pursuant to subsection (1) or (2) within the time specified or if the cause shown be deemed inadequate, such contract may thereupon be revoked by the Minister, with the approval of the Committee. (4) Notice of such revocation shall be published in the Gazette and shall be entered upon the register. A copy of such notice shall be sent to the contractor at his registered address in the Republic. 48. (1) The revocation of a contract pursuant to section forty-seven shall entail the immediate cessation of all rights and privileges conferred on the contractor by virtue of such contract, the devolution to the State of the contract area and the automatic forfeiture of any guarantees submitted by the contractor to secure the fulfilment of the obligations undertaken.Effect of revocation (2) Revocation under section forty-seven shall not in any way affect the liability of any person concerned arising out of such breach before such revocation, and shall not be a bar to any legal proceedings relating thereto. 49. Any person who contravenes any of the provisions of this Act, and such contravention is not an offence under any other written law, shall be guilty of an offence and shall upon conviction be liable to a fine not exceeding twenty five thousand penalty units or to a term of imprisonment not exceeding three years, or to both. (As amended by Act No. 13 of 1994)Penalty 50. The Minister may make regulations for the better carrying out of the purposes of this Act.Regulations 51. Except as otherwise specifically provided in or under this Act, the provisions of the Mines and Minerals Act shall not apply to petroleum or petroleum operations.Non-application of the Mines and Minerals Act. Cap. 213 SUSIDIARY LEGISLATION THE PETROLEUM (EXPLORATION AND PRODUCTION) REGULATIONS ARRANGEMENT OF REGULATIONS PART I PRELIMINARY Regulation 1. Title 2. Interpretation PART II BLOCKS 3. Graticulation and constitution of blocks
4. Closed areas PART III BIDS 5. Information to be submitted by bidders 6. Bid proposals 7. Criteria for selection of bidders 8. Rejection of bids PART IV PETROLEUM OPERATIONS 9. Exploration period 10. Extensions to exploration period 11. Development and production operations 12. Mandatory and voluntary relinquishment 13. Transfers and assignments PART V WORK PRACTICES 14. Work practices and directions 15. Drilling practices and abandonment 16. Construction of pipelines and related facilities 17. Measurement PART VI RETURNS, RECORDS, PLANS, ETC. 18. Notice of commencement 19. Quarterly reports 20. Annual work programme 21. Annual report 22. Periodic reports
23. Records, accounts, etc., to be maintained 24. Final reports 25. Modification of duties 26. Confidentiality 27. Power of entry and inspection PART VII FINANCIAL PROVISIONS 28. Fees and rentals 29. Royalty or production payment SCHEDULE SECTION 50-PETROLEUM (EXPLORATION AND PRODUCTION) REGULATIONSStatutory Instrument 88 of 1985 165 of 1989 75 of 1990 PART I PRELIMINARY 1. These Regulations may be cited as the Petroleum (Exploration and Production) Regulations.Title 2. In these Regulations unless the context otherwise requires-Interpretation "development and production operations" means operations for or in connection with the production of petroleum; "drilling" means operations for or in connection with the perforation of the earth's surface, whether the hole is vertical, inclined or horizontal; and includes all operations for preventing the collapse of the sides of the hole or for preventing the hole from becoming filled by extraneous materials (including water) and the fitting of wellheads, or coring or logging, and any operations incidental thereto; "exploration operations" means operations for or in connection with exploration for petroleum; "field" means an area, as determined pursuant to the terms of a contract, in which a commercial discovery of petroleum has been made; "graticular section" means a graticular section referred to in regulation 3; "well" means any opening in the ground made or being made by drilling or boring, or in any other manner, in connection with exploration operations or development and production operations, other than a seismic hole.
PART II BLOCKS 3. (1) For the purpose of establishing the blocks referred to in section twenty-three of the Act, the surface area of the Republic shall be deemed to be divided into graticular sections by reference to meridians of longitude which are five minutes apart measured from the meridian of Greenwich and by reference to parallels of latitude which are five minutes apart measured from the Equator.Graticulation and constitution of blocks (2) Each graticular section shall be bounded by part of two meridians of longitude which are five minutes apart and by part of two parallels of latitude which are five minutes apart. (3) Where a portion of a graticular section includes land in the Republic and land outside the Republic, only that portion of the land in the Republic shall constitute a graticular section for purposes of these regulations. (4) Each block awarded to a contractor shall be defined by reference to graticular sections. 4. For the purposes of section thirty-five of the Act, the areas declared closed to some or all petroleum operations shall be defined by reference to blocks comprised of graticular sections.Closed areas PART III BIDS 5. (1) Every bidder when responding to an invitation for bid shall submit, inter alia, the following information:Information to be submitted by bidders (a) the name, address and nationality of the bidder; (b) in the case of a corporate bidder- (i) the bidder's place of registration or incorporation, its principal place of business, its board of directors and senior management, the domicile and nationality of the members of the board of directors and its capital structure; (ii) the form of organisation of the bidder, including information concerning the bidder's relationship with its parent company, if any, and other affiliated companies; and (iii) the financial structure of the bidder and its parent company, if any, including annual reports, audited balance sheets and profit and loss statements for the past three years, and any reports which the bidder or its parent company may have filled with government agencies responsible for securities regulation during that period; (c) how exploration and development activities would be financed if the bid is successful and how performance would be guaranteed; and (d) the bidder's previous experience in petroleum exploration, development, production, refining and marketing.
(2) Where a bid is submitted by a group of two or more persons, the information referred to in sub-regulation (1) shall be submitted for each person in the group. (3) Where, following the submission of the information referred to in sub-regulation (1), but prior to the selection of the successful bidder, there has been any change in the information so submitted, the bidder shall forthwith inform the Minister, specifying all particulars of the change. 6. (1) Each bid that is submitted in response to an invitation for bids shall include, inter alia, the following:Bid proposals (a) a description of the block or blocks for which the bid is submitted; and if the bid is made in respect of more than one block, the priority assigned to each block; (b) a detailed description of the exploration programme proposed for the block or blocks for which the bid is submitted; (c) the minimum work and expenditure obligations to be undertaken during the exploration period; (d) proposals with respect to the training of Zambian personnel and expenditures to be incurred therefor; (e) proposals with respect to the sharing of net revenues or production between the bidder and the Government as indicated in the invitation for bids; and (f) such other matters as may be required by the invitation for bids or which the bidder wishes the Minister to consider. (2) Additional information on all matters referred to in the preceding sub-regulation shall be promptly supplied by the bidder, if so requested by the Minister at any time after the bid has been submitted. 7. The following shall be the criteria for the evaluation of bids and selection of bidders for negotiations: (a) the technical competence and experience of the bidder with respect to petroleum operations; (b) the financial resources available to the bidder to fulfil the petroleum exploration, development and production obligations under a contract; (c) the extent to which the bidder will provide advanced technology and skills to the Zambian petroleum industry; and (d) the specific contents of the bid received.Criteria for selection of bidders 8. No rights of any kind shall be created in favour of any bidder by virtue of the submission of a bid proposal; the Minister reserves the right to accept or reject any or all of the bids without assigning any reason therefor.Rejection of bids PART IV
PETROLEUM OPERATIONS 9. (1) The exploration period shall be comprised of-Exploration period (a) an initial period not exceeding four years in duration; and (b) upon extension in the prescribed manner, two further periods not exceeding three years each in duration. (2) Notwithstanding the provisions of sub-regulation (1), the exploration period may, under exceptional circumstances, be extended for a period in excess of any period specified in such sub-regulation where the terms and conditions of a contract so provide or the prior approval of the Committee has been obtained. 10. (1) A contractor may not later than ninety days prior to the expiration of the then current period, apply to the Minister for an extension to the initial period or to the first or subsequent extension periods, referred to in regulation 9.Extensions to exploration period (2) An application for an extension shall be made in writing to the Minister and shall be accompanied by- (a) particulars of the work carried out and the amount expended in the contract area during the initial period, or, where the application is for a second or subsequent extension to the initial period, during the preceding period of extension, up to and including the date of application; (b) proposals concerning the work to be carried out and the amount to be expended during the period of extension for which application is made; (c) such other matters as may be required under the contract or which the contractor may wish the Minister to consider. (3) No extension shall be granted to a contractor unless- (a) the contractor has fulfilled his obligations under the contract for the then current period; and (b) the proposals accompanying the application pursuant to sub-regulation (2) (b) in respect of work and expenditure for the period of extension are consistent with his commitments therefor under the contract. 11. (1) In the event that a discovery of petroleum is made in a contract area, which the contractor considers to be commercial, the contractor shall, prior to the commencement of development and production operations, submit to the Minister the following:Development and production operations (a) a description and map of the area containing such discovery which the contractor proposes to delineate as a field defined by reference to graticular sections; (b) a detailed report accompanied by supporting data and all analyses and interpretations thereof, which demonstrates that the area described in paragraph (a) contains, alone or in conjunction with other areas, as the case may be, a commercial discovery;
(c) full information as to the contractor's current financial status, technical competence and experience; (d) detailed proposals for the construction, establishment and operation of all facilities and services for and incidental to the development, extraction, production, storage, transportation, sale and other disposal of petroleum; and a proposed timetable for the commencement of petroleum production; (e) a detailed forecast of capital investment requirements, operating costs and sales revenues and the anticipated type and source of financing; and (f) such other matters as may be required under the contract or as the Minister may reasonably require. (2) No development and production operations may be commenced by a contractor unless- (a) the proposals of the contractor referred to in sub-regulation (1) ensure the most efficient, beneficial and timely use of the petroleum resources concerned consistent with accepted practices in the international petroleum industry; (b) the contractor has adequate financial resources, technical and industrial competence and experience to carry out effective development and production operations; and (c) the contractor has fulfilled his obligations under the contract and is willing and able to comply with the terms and conditions of the contract thereafter. 12. (1) A contractor shall, at such times and in such manner as may be provided in the contract, relinquish such part or parts of the contract area as provided therein and shall notify the Minister in writing not less than ninety days prior to the effective date of any such relinquishment of-Mandatory and voluntary relinquishment (a) the description of the part or parts of the contract area to be relinquished; and (b) the description of the contract area remaining. (2) A contractor may, at such times and in such manner as may be provided in the contract, relinquish all or any part of the contract area by giving to the Minister not less than ninety days' notice in writing of his intention to so relinquish and such notice shall, in the case of a relinquishment of part or parts of the contract area, include- (a) a description of the part or parts to be relinquished; and (b) a description of the contract area remaining. (3) The description of any area relinquished, or of the contract area remaining following such relinquishment, as referred to in sub-regulations (1) and (2), shall be made by reference to graticular sections. (4) Any notice of relinquishment given pursuant to sub-regulations (1) or (2)
shall be accompanied by- (a) full particulars of the petroleum operations carried out in the area to be relinquished; (b) an undertaking by the contractor that, prior to the effective date of such relinquishment, he shall carry out all clean-up operations and render the area safe and in a condition which is in accordance with accepted practices in the international petroleum industry; and (c) such other information as the Minister may reasonably require. (5) Where the entire contract area is relinquished pursuant to this regulation, the contract relating thereto shall terminate. (6) The relinquishment of all or any part of the contract area made pursuant to sub-regulation (1) or (2) shall be without prejudice to any liabilities or obligations incurred by the contractor in relation to the area so relinquished prior to the effective date of relinquishment. 13. (1) An application for approval to assign, encumber or transfer any contract, or any rights or obligations arising out of a contract, shall be made in writing to the Minister; and every such application shall include-Transfers and assignments (a) the name and nationality of the proposed assignee or transferee, and, in the case of a corporate assignee or transferee, the place of its incorporation and principal place of business; (b) evidence of the proposed assignee's or transferee's technical and financial ability to assume and undertake the work obligations and other commitments set forth in the contract concerned; (c) an unconditional written undertaking by the assignee or transferee to assume all the obligations assigned and transferred by the transferror or assignor under the contract; and (d) such other particulars as the Minister may reasonably require. (2) In addition to any information required under sub-regulation (1), the contractor may be requested, before the application is disposed of, to submit further relevant information within a specified reasonable time; and where such further information is not supplied within the time specified, the application shall be deemed to have been withdrawn. (3) The assignment, encumbrance or transfer of any contract or interest therein shall not affect any liability of the transferor or assignor incurred before the date upon which such assignment, encumbrance or transfer takes effect; nor, unless a contract otherwise provided, shall it relieve the transferor or assignor from liability for the performance by the transferee or assignee of the obligations undertaken by the transferor or assignor at the time the contract was entered into. PART V WORK PRACTICES
14. (1) Every contractor shall, in carrying out petroleum operations, always act in accordance with generally accepted practices in the international petroleum industry.Work practices and directions (2) Where the Minister considers that a contractor has not acted in accordance with such practices and in particular, with the conservation and work practices as provided for in section thirty-two of the Act, he may notify such contractor in writing accordingly and require him to show cause, within such reasonable time as the Minister shall specify, why he has failed to act in accordance with such practices. (3) Where, within the time specified in any notice issued under sub-regulation (2), the contractor fails to satisfy the Minister that he has acted in accordance with such practices or that his failure to so act is justified, the Minister may direct the contractor to take such steps as may be necessary to ensure compliance therewith. (4) Any contractor who fails to comply with a direction given under sub-regulation (3) shall be guilty of an offence and liable on conviction to a fine not exceeding twenty-five thousand penalty units. (5) Where proceedings are instituted for an offence under sub-regulation (4), it shall be a sufficient defence if the contractor satisfies the court that he forthwith took all reasonable steps in accordance with accepted practices in the international petroleum industry to comply with such direction. (6) Where a contractor fails to comply with a direction given to him under sub-regulation (3), the Minister may cause to be done all or any of the things required by such direction. (7) Any cost or expenses reasonably incurred by the Minister under sub-regulation (6) shall be a debt due to the State by the contractor to whom the direction was given and shall be paid into the general revenues of the Republic. (8) Nothing in this regulation or in any direction given thereunder shall be construed as requiring any contractor to do anything which is not, or to refrain from doing anything which is, in accordance with generally accepted practices in the international petroleum industry. (As amended by Act No. 13 of 1994) 15. (1) Every contractor shall ensure that his well design and conduct of drilling operations, including his casing, cementing, well spaced plugging operations, are in accordance with generally accepted practices in the international petroleum industry.Drilling practices and abandonment (2) Every well shall be identified by name, number and geographic co-ordinates which shall be shown on maps, plans and similar records which a contractor is required to keep; and the Minister shall at once be notified in writing of any change of the name or identification number of a well. (3) Before commencing any work on or drilling any well, or recommencing work on any well on which work has been discontinued for more than six months, a contractor shall give the Minister seven days' notice in writing and shall include in such notice-
(a) the official name and number of the well; (b) a description of its precise location by reference to geographical co-ordinates; (c) its elevation above sea level; (d) a detailed report on the drilling technique to be employed, an estimate of the time to be taken and depth objective, the material to be used, and the safety measures to be employed, in the drilling of the well; and (e) a summary of the geological and geophysical data, and any interpretations thereof, upon which the contractor made his decision to drill the well in the particular location. (4) Where any work or drilling relating to any well is discontinued for a period exceeding thirty days, a contractor shall notify the Minister in writing to that effect. (5) Before recommencing any work on or drilling with respect to any well on which work has been discontinued for more than thirty days but for less than six months, a contractor shall give forty-eight hours' notice in writing of his intention so to do. (6) Except with the approval of the Minister, no contractor shall drill a well from any surface area within the contract area which is less than one thousand metres from a boundary of such contract area. (7) No well shall be drilled from within a contract area through any vertical boundary of such contract area. (8) A directional well drilled under a contract area from a surface location on nearby land not within such contract area shall be deemed to have the same effect for all purposes of the Act as a well drilled from a surface location within such contract area and, in such circumstances, the production of petroleum from the contract area through a directional well surfaced on nearby land, or drilling or reworking of any such directional well, shall be considered production, drilling or reworking operations, as the case may be, in the contract area. (9) Nothing contained in sub-regulation (8) shall be construed to grant to a contractor any leasehold interest, licence, easement, right-of-way or other right which such contractor is required to acquire under the Act or any other written law. (10) Before abandoning any well, the contractor shall give, in the case of a producing well, not less than thirty days, and, in the case of any other well, not less than twenty-four hours' written notice to the Minister of his intention to abandon and such notice shall be accompanied by a satisfactory programme for the abandonment and plugging of the well identified in the notice. (11) Subject to the terms and conditions of a contract, a contractor may, upon the expiration of the relevant period of notice or upon receipt by the contractor of the written approval of the Minister of the programme submitted pursuant to the preceding sub-regulation, whichever is earlier, commence the abandonment operations in relation to such well:
Provided that in all cases- (i) the contractor shall undertake to securely plug such well to prevent pollution and possible damage to the deposit, and shall, except as the Minister may otherwise direct or his contract may otherwise provide, remove all equipment, materials and facilities relating thereto; (ii) cemented strings or other forms of casing shall not be withdrawn without the prior written approval of the Minister; and (iii) the contractor shall permit a representative of the Government to observe such operations. 16. (1) Each contractor shall, prior to commencing the construction, alteration or operation of a pipeline, pumping station, storage facility or any other related facilities for the conveyance or storage of petroleum from a contract area, apply in writing to the Minister for authorisation.Construction of pipelines and related facilities (2) The written application submitted pursuant to sub-regulation (1) shall be accompanied by particulars of- (a) the proposed design and construction of the pipeline, pumping station, storage facility or other related facilities; (b) the proposed work programme and budget and the technical and financial resources available to the contractor for the construction, alteration or operation of the pipeline, pumping station, storage facility or any other related facilities; and (c) the proposed route to be followed by the pipeline and the location of any pumping station, storage facility or other related facilities to be constructed, altered or operated. (3) Subject to any conditions which may have been agreed in a contract and the provisions of sub-regulation (4), and upon receipt of the Minister's written approval, a contractor may commence the construction, alteration or operation of the pipeline, pumping station, storage facility or related facilities. (4) Nothing contained in this regulation is intended, or shall be construed, to grant any leasehold interest, licence, easement, right-of-way or other right which the contractor is required to acquire lawfully under the Act or any other written law. 17. (1) Each contractor shall supply, operate and maintain equipment for measuring the volume and quality of any petroleum produced and saved pursuant to his contract, including gravity, density, temperature and pressure measuring devices and any other devices that may be required; and all such equipment and devices shall, prior to their installation or usage be approved by the Minister and following such installation or usage shall not be replaced or altered without the prior approval of the Minister.Measurement (2) Measurement equipment and devices shall be available for inspection and testing at all reasonable times by any person authorised by the Minister: Provided that any such inspection or testing shall not interfere with the normal operation of the facilities involved.
(3) Each contractor shall measure the volume and quality of the petroleum produced and saved pursuant to his contract, consistent with generally accepted practices in the international petroleum industry, with the frequency and according to procedures which shall be approved by the Minister. (4) Each contractor shall give to the Minister timely notice of his intention to conduct measuring operations and the Minister shall have the right to be present at and supervise, either directly or through authorised persons, such operations. (5) If it is determined, following an inspection or test carried out by an authorised person, that the equipment, devices or procedures used for measurement are inaccurate and exceed the permissible tolerances, which shall be established by agreement prior to the installation and usage of such equipment, devices or procedures, and such determination is verified by an independent surveyor acceptable to the Minister and the contractor, such inaccuracy shall be deemed to have existed for one-half of the period since the last such inspection or test, unless it is proved that the inaccuracy has been in existence for a longer or shorter period; and appropriate adjustments covering such period shall be made within thirty days from the date of such determination. PART VI RETURNS, RECORDS, PLANS, ETC. 18. (1) Every contractor shall, prior to the commencement of petroleum operations, or recommencement of petroleum operations which have been discontinued for a period exceeding ninety days, give the Minister not less than forty-eight hours' notice in writing of his intention to commence or recommence such operations.Notice of commencement (2) Any notice given pursuant to sub-regulation (1) shall include the name and address of the local resident manager under whose supervision such operations are to be carried out. 19. (1) Every contractor shall submit to the Minister, on or before the 30th day of January, April, July and October, a report in respect of the preceding quarter containing or showing-Quarterly reports (a) a description of the results of all petroleum operations carried out by the contractor; (b) in the case of exploration operations, a summary of all geological and geophysical work carried out by the contractor, including a summary of all drilling activities; (c) a list of maps, reports and other geological and geophysical data prepared by, or on behalf of, the contractor in respect of the period concerned; (d) in the case of development and production operations, the gross volume and quality of all pertoleum produced, saved, sold or otherwise disposed of from his contract area, the consideration accrued or received the quantity disposed of and identity of the person; to whom such quantity was disposed, and the balance of stocks on hand at the end of the period concerned; (e) the average number of persons employed in the Republic, in terms of
Zambian and expatriate personnel, in connection with the petroleum operations carried out; (f) the amounts disbursed in the Republic in respect of wages, overtime, allowances or other emoluments or benefits; (g) the amounts disbursed in the Republic and externally, for the purchase of fuels, stores, foodstuffs or other materials, equipment or services; (h) the total operating and capital expenditures incurred, both in the Republic and externally, in respect of the petroleum operations carried out, determined in accordance with his contract; (i) any other relevant information which may be required by his contract or which the Minister may reasonably require. (2) With respect to paragraphs (f), (g) and (h) of sub-regulation (1), when the precise amount is not ascertainable by the date upon which the report is due, figures which are the best possible approximation shall be given. 20. Every contractor shall submit to the Minister, on or before the 30th day of September of each year, a complete programme of work to be carried out during the following year, together with a detailed budget of the expenditures to be incurred.Annual work programme 21. On or before the 31st day of March of each year every contractor shall submit to the Minister an annual report in respect of the preceding year containing- (a) the information required by sub-regulation (1) (a) to (i) of regulation 19 for the entire year; (b) estimates (if available) of economically recoverable reserves of crude oil and natural gas at the end of the year concerned; (c) a surface plan of the contract area at a scale not smaller than 1:250 000 showing-Annual Report (i) the boundaries of the contract area; (ii) the total surface area of the contract area in square kilometres; (iii) the location of any wells drilled by the contractor during that year; and (iv) the location or routing of any buildings, roads, powerlines, pipelines and similar permanent installations. 22. (1) During the conduct of drilling operations, every contractor shall be required to submit daily drilling reports to the Minister describing the progress and results of such operations.Periodic reports (2) Every contractor shall within one hundred and eight days of the completion of any survey, test or drilling operations, or, in the case of data that cannot reasonably be obtained or compiled in that period, as soon as possible thereafter, submit to the Minister the following data including any interpretations thereof:
(a) geological data including- (i) surface or photogeological and subsurface maps of the area explored; (ii) stratigraphic data, including measured stratigraphic surface sections, lithological groups, information relating to the porosity and the permeability of petroleum bearing zones; (iii) lithologic and/or paleontologic samples; and (iv) summary reports of the geological data including references to the survey and processing techniques utilised; (b) geophysical data including- (i) seismic data, including- A. short-point and elevation maps; B. interpretive contour maps on critical or outstanding mapping horizons; C. seismic record sections; D. location and elevation survey notes; and E. summary reports of the seismic data including references to the survey and processing techniques utilised; (ii) gravimetric data, including- A. gravity station location and elevation maps; B. observed gravity value contour maps and any derivative maps; C. gravimetric survey notes; and D. summary reports of the gravimetric data including references to the survey and processing techniques utilised; (iii) magnetic data, including- A. station and/or flight line base maps; B. total intensity value maps and any derivative maps; and C. summary reports of the magnetic data including references to the survey and processing techniques utilised; (c) well completion reports including- (i) engineering data; (ii) geological data; (iii) drill stem/production test results;
(iv) all wireline logs (at recommended scales of 1:1000, 1:500 and 1:200); (v) samples and sample descriptions; and (vi) core samples, core descriptions and laboratory analyses of the same; and (d) such other data as the Minister may, by written notice to the contractor, reasonably require him to so submit. 23. (1) Every contractor shall in respect of his contract area keep at his registered office in the Republic accurate records containing full particulars of the following matters:Records, accounts, etc., to be maintained (a) the drilling, operation, deepening, plugging or abandonment of wells; (b) the strata and subsoil through which wells are drilled; (c) the casing inserted in wells and any alteration to such casing; (d) any petroleum, water and other economic minerals encountered; (e) the areas in which any geological or geophysical work has been carried out; (f) accurate geological maps and plans, geophysical records, representative geological samples and test results, and all interpretations thereof; and (g) such other matters as may be provided in his contract or as the Minister may reasonably require by notice in writing to the contractor. (2) Every contractor shall keep at his registered office in the Republic accurate accounts containing full particulars of the following: (a) the gross quantity of any crude oil and natural gas produced and saved from the contract area; (b) the grades and gravity of any crude oil produced and the composition of any natural gas produced; (c) any quantities of crude oil, natural gas and sulphur, in any form, or any other minerals, gases, liquids or solids disposed of by way of sale or otherwise, the consideration received, the quantity disposed of and the name of the person to whom any such quantity was disposed; (d) the quantity of crude oil, natural gas and other liquids or gases injected into a formation; (e) the quantity of crude oil and natural gas consumed for drilling and other development and production operations (other than quantities reported under paragraph (d)) and consumed in pumping to field storage, refineries in the Republic or the point of export; (f) the quantity of crude oil refined by or for the contractor in the Republic; (g) the quantity of natural gas treated in the Republic by him or on his
behalf for the removal of liquids and liquified petroleum gases and the quantity of butane, propane and any other liquids, gases or any solids obtained; (h) the quantity of natural gas flared; and (j) such further information as may be required by his contract or as the Minister may reasonably require. 24. Prior to the termination of a contract, or upon the relinquishment of any part of a contract area, the contractor shall forthwith submit to the Minister, in relation to the contact area or part thereof, copies of- (a) all records which the contractor maintained pursuant to this Part; (b) all plans or maps of such area which were prepared by or on behalf of the contractor; (c) all tapes, diagrams, profiles and charts which were so prepared; and (d) such other documents or materials as the Minister may, by notice given to the contractor, reasonably require the contractor to so submit.Final reports 25. The Minister may, on application made to him in writing by a contractor, by notice in writing, dispense with or modify any of the requirements of regulations 19 to 24 to the extent and on such conditions as may be stated in the notice.Modification of duties 26. (1) All returns, reports, plans, data and other information submitted under these Regulations shall be treated as confidential by the Government and shall not, unless otherwise provided in a contract, be disclosed to third persons prior to the relinquishment of the area to which they relate, or prior to the end of the exploration period if such area is not sooner relinquished:Confidentiality Provided that- (a) any topographical and surface geological maps and interpretations may be utilised at any time by the Government departments concerned for incorporation into official maps; (b) annual statistical information may be published at any time by the Government in a form which does not disclose the operations of any particular contractor; and (c) the Government may make such returns, reports, plans, data and other information available at any time to professional consultants, legal counsel, accountants, underwriters, lenders and such Government entities as may need to be made aware thereof. (2) No contractor shall, unless otherwise provided in a contract, disclose any returns, reports, plans, data, records and other information compiled, received, maintained or submitted pursuant to these Regulations or the terms and conditions of a contract without the prior written approval of the Minister: Provided that- (a) a contractor may make such returns, reports, plans, records and other
information available, without the approval of the Minister, to professional consultants, legal counsel, accountants, underwriters, lenders, companies in which a contractor maintains a controlling interest and such Government entities as may need to be made aware thereof or have the right to require such disclosure; and (b) any disclosure made by a contractor to third parties pursuant to this sub-regulation shall only be made on terms which ensure that the information so disclosed is treated as confidential by the recipient. 27. (1) Any authorised person may at all times-Power of entry and inspection (a) enter any area, building, structure, vehicle, vessel or aircraft or examine or have examined by a qualified person any machinery or equipment, which has been, is being or is to be, used in connection with petroleum operations; (b) take or remove samples of petroleum, water or other substances for the purpose of testing or analysis; (c) inspect, make copies of or take extracts from, any document, book or data relating to petroleum operations; and (d) make such examinations and enquiries and carry out such functions as may be necessary to ensure that the provisions of the Act or the terms and conditions of a contract are being complied with. (2) Where there is a person present who is or appears to be in charge of the area, building, structure, vehicle, vessel, aircraft, machinery, equipment or matter or thing in respect of which any of the powers under sub-regulation (1) are to be exercised, any authorised person shall, before exercising any such power, identify himself to that person and shall, if so requested by that person, produce evidence of his authority. (3) In exercising his power under sub-regulation (1), an authorised person shall not unduly interfere with any petroleum operations being carried out. (4) Any person who is an occupier or person in charge of an area, building or structure, or the person in charge of any vehicle, vessel, aircraft, machinery, equipment or matter or thing referred to in sub-regulation (1), shall provide the authorised person with all reasonable facilities and assistance for the effective exercise of his functions under these Regulations. PART VII FINANCIAL PROVISIONS 28. (1) The fees and surface rentals set out in Part I of the Schedule shall be payable in respect of the matters specified therein.Fees and rentals (2) All fees and surface rentals payable under these Regulations shall be paid into the general revenues of the Republic in advance and without demand. 29. (1) A royalty or production payment shall be payable at the rates prescribed in Part II of the Schedule in respect of the annual gross production of-Royalty or production payment
(a) crude oil produced and saved in each year from a contract area; and (b) natural gas produced, saved and sold in each year from a contract area. (2) The royalty or production payment due shall be payable quarterly within thirty days of the end of each quarter. SCHEDULE PART I FEES AND SURFACE RENTALS Column A Column B Fee units US $ 1. Fees for inspection of the Register: -for general search and examination of the Register 12 5.00 -for the supply of a copy of and entry on the Register . . . . . . . . . . . . 24 10.00 2. Surface rentals: -annual surface rentals for a contract area during the exploration period (per square kilometre or part thereof) . . . . . . . . . . . . 12 5.00 -annual surface rentals for surface area of a field (per square kilometre or part thereof) . .. . . . 2,400 1,000.00 NOTE: In the case of foreign nationals or foreign companies (or persons or entities under effective foreign control) the fees and surface rentals set out in Column B shall be paid in United States dollars or any other currency acceptable to the Minister. PART II ROYALTY OR PRODUCTION PAYMENT 1. Crude Oil: at a rate of not less than ten percent (10%) of the wellhead value. 2. Natural Gas: at a rate of not less than five percent (5%) of the wellhead value.
NOTE: "Wellhead value" for the purpose of this Part shall mean the net realised price received by a contractor at the point of export or other agreed delivery point from the sale or other disposition of crude oil or natural gas, as the case may be, less such costs as the Minister may reasonably allow in respect of handling and transportation from the wellhead to such point of export of other agreed point of delivery. (As amended by S.I. No. 165 of 1989, No. 75 of 1990, and Act No. 13 of 1994) REPUBLIC OF ZAMBIA THE FACTORIES ACT CHAPTER 441 OF THE LAWS OF ZAMBIA CHAPTER 441 THE FACTORIES ACTCHAPTER 441 THE FACTORIES ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Definition of "factory" 3. Interpretation 4. Application of Act PART II ADMINISTRATION 5. Delegation of powers of Commissioner 6. Appointment of inspectors 7. Powers of inspectors 8. Duty to assist inspector 9. Obstructing inspector 10. Inspectors not to disclose information or source of complaints PART III
REGISTRATION OF FACTORIES 11. Register of factories 12. Registration of existing factories 13. Registration of new factories 14. Notification of change in registered particulars 15. Drawings of factories PART IV APPEALS 16. Establishment of Appeals Board 17. Appeals to Board 18. Powers of Board PART V HEALTH: GENERAL PROVISIONS Section 19. Cleanliness 20. Overcrowding 21. General ventilation 22. Lighting 23. Sanitary conveniences 24. Enforcement of provisions of section 23 by local authority 25. Duty of inspector as to sanitary defects remediable by local authority 26. Medical supervision PART VI SAFETY: GENERAL PROVISIONS 27. Prime movers 28. Transmission machinery 29. Other machinery 30. Provisions as to unfenced machinery
31. Construction and maintenance of fencing 32. Construction and supply of machinery 33. Vessels containing dangerous substances 34. Self-acting machines 35. Training and supervision of inexperienced workers 36. Floors, steps, stairs, passages and gangways 37. Safe means of access and safe place of employment 38. Precautions in places where dangerous fumes are liable to be present 39. Precautions with respect to explosive or inflammable dust, gas, vapour or substance 40. Prevention and fighting of fire 41. Means of escape and warning in case of fire 42. Testing and examination of fire warning 43. Fire drills 44. Regulations for means of escape 45. Regulations for fire prevention 46. Regulations for special safety arrangements for the prevention of accidents PART VII SAFETY: LIFTING MACHINERY 47. Hoists and lifts 48. Hoists and lifts used for carrying persons 49. Teagle openings and similar doorways 50. Hoists and lifts: supplementary provisions and exceptions 51. Chains, ropes and lifting tackle 52. Cranes and other lifting machines 53. Register of chains, ropes and lifting tackle and lifting machines PART VIII SAFETY: STEAM BOILERS, ETC. 54. Steam boilers: attachments and construction
55. Steam boilers: maintenance, examination and use 56. Steam boilers: restriction on entry 57. Steam receivers and steam containers 58. Air receivers 59. Notification before use of steam or air receivers 60. Notification of proposed modifications to pressure parts 61. Exceptions as to steam boilers, steam receivers and containers and air receivers 62. Interpretation of terms in Part VIII PART IX WELFARE: GENERAL PROVISIONS 63. Drinking water 64. Washing facilities 65. Accommodation for clothing and change rooms 66. Facilities for sitting 67. First-aid 68. Welfare regulations PART X HEALTH, SAFETY AND WELFARE: SPECIAL PROVISIONS AND REGULATIONS Section 69. Removal of and prevention of inhalation of dust or fumes 70. Meals in certain dangerous trades 71. Protective clothing, appliances and screening 72. Lifting excessive weights 73. Power of inspector to require certificate of fitness for work 74. Power to make regulations for safety and health 75. Power to take samples PART XI
NOTIFICATION AND INVESTIGATION OF ACCIDENTS, DANGEROUS OCCURRENCES AND INDUSTRIAL DISEASES 76. Notice of accidents 77. Notification of dangerous occurrences 78. Industrial diseases 79. Regulations extending scope of sections 76 and 78 PART XII SPECIAL APPLICATIONS AND EXTENSIONS 80. Tenement factories 81. Parts of buildings let off as separate factories 82. Building operations and works of engineering construction 83. Mines 84. Power to extend application of provisions of Act PART XIII MISCELLANEOUS 85. Posting of abstract of Act, regulations and notices 86. General register 87. Periodical return of persons employed 88. Preservation of registers and records 89. Duties of persons employed 90. Prohibition of deductions from wages PART XIV OFFENCES, PENALTIES AND LEGAL PROCEEDINGS Section 91. Offences 92. General penalty 93. Penalty on person actually committing an offence for which other person is primarily liable 94. Person primarily liable may exempt himself from liability on conviction of actual offender
95. Proceedings against persons not primarily liable 96. Owner of machine liable in certain cases instead of occupier 97. Prosecution of offences 98. Special provisions as to evidence 99. Power of court to order cause of contravention to be remedied 100. Service, etc., of documents 101. Power of High Court to modify agreements 102. Power of High Court to apportion expenses 103. Power of Chief Inspector of Factories in relation to dangerous or defective factory PART XV GENERAL 104. Penalties 105. Regulations FIRST SCHEDULE-Dangerous occurrences SECOND SCHEDULE-Industrial diseases CHAPTER 441 FACTORIES2 of 1966 49 of 1968 Acts 20 of 1974 24 of 1975 13 of 1994 An Act to make further and better provision for the regulation of the conditions of employment in factories and other places as regards the safety, health and welfare of persons employed therein; to provide for the safety, examination and inspection of certain plant and machinery; and to provide for purposes incidental to or connected with the matters aforesaid. [1st May, 1967] PART I PRELIMINARY 1. This Act may be cited as the Factories Act.Short title 2. (1) Subject to the provisions of this section, the expression "factory" means any premises in which, or within the close or curtilage or precincts of which, persons are employed in manual labour in any process for or incidental to
any of the following purposes, namely:Definition of "factory" (a) the making or assembling of any article or of part of any article; (b) the altering, repairing, ornamenting, finishing, cleaning or washing or the breaking-up or demolition of any article; or (c) the adapting for sale of any article; being premises in which, or within the close or curtilage or precincts of which, the work is carried on by way of trade or for purposes of gain and to or over which the employer of persons employed therein has the right of access or control. (2) Whether or not such premises are factories by virtue of subsection (1), the expression "factory" also includes the following premises in which persons are employed in manual labour, that is to say: (a) any premises in which the business of sorting any articles is carried on as a preliminary to the work carried on in any factory or incidentally to the purposes of any factory; (b) any premises in which the business of washing or filling bottles or containers or packing articles is carried on incidentally to the purposes of any factory; (c) any laundry carried on as ancillary to another business, or incidentally to the purposes of any public institution; (d) any premises in which the construction, reconstruction or repair of locomotives, vehicles or other plant for use for transport purposes is carried on as ancillary to a transport undertaking or other industrial or commercial undertaking; (e) any premises in which printing by letterpress, lithography, photogravure, or other similar process, or bookbinding is carried on by way of trade or for purposes of gain or incidentally to another business so carried on; (f) any premises in which articles are made or prepared incidentally to the carrying on of building operations or works of engineering construction, not being premises in which such operations or works are being carried on; (g) any premises in which persons are regularly employed in the generating, transforming or controlling of electrical energy for supply by way of trade or for supply for the purposes of any industrial or commercial undertaking; (h) any premises in which mechanical power is used for the purposes of or in connection with a public water supply; (i) any sewage works in which mechanical power is used and any pumping station used in connection with any sewage works; and (j) any premises in which the refrigeration of any article is carried on by way of trade or for purposes of gain, except where such refrigeration is incidental to the conduct of a business engaged mainly in the sale of goods by retail.
(3) Any line or siding, not being part of a railway, which is used in connection with and for the purposes of a factory, shall be deemed to be part of the factory; and if any such line or siding is used in connection with more than one factory belonging to different occupiers, the line or siding shall be deemed to be a separate factory. (4) A part of a factory may, with the approval in writing of the Commissioner, be taken to be a separate factory and two or more factories may, with the like approval, be taken to be a single factory. (5) Any workplace in which, with the permission of or under agreement with the owner or occupier, two or more persons carry on any work which would constitute such workplace a factory if the persons working therein were in the employment of the owner or occupier shall be deemed to be a factory for the purposes of this Act, and, in the case of any such workplace not being a tenement factory or part of a tenement factory, the provisions of this Act shall apply as if the owner or occupier of the workplace were the occupier of the factory and the persons working therein were persons employed in the factory. (6) Where a place situate within the close, curtilage or precincts forming a factory is solely used for some purpose other than the processes carried on in the factory, that place shall not be deemed to form part of the factory for the purposes of this Act, but shall, if otherwise it would be a factory, be deemed to be a separate factory. (7) Premises shall not be excluded from the definition of a factory by reason only that they are open air premises. (8) Any premises belonging to or in occupation of the Republic or any local or other public authority shall not be deemed not to be a factory, and building operations or works of engineering construction undertaken by or on behalf of the Republic or any such authority shall not be excluded from the operation of this Act, by reason only that the work carried on thereat is not carried on by way of trade or for purposes of gain. 3. (1) In this Act, unless the context otherwise requires- "article" includes any solid, liquid or gas, or any combination thereof; "bodily injury" includes injury to health; "boiler book" means a book kept in accordance with the provisions of subsection (11) of section fifty-five; "building operation" means the construction, structural alteration, repair or maintenance of a building (including repainting, redecoration and external cleaning of the structure), the demolition of a building, and the preparation for and laying the foundation of an intended building, but does not include any operation which is a work of engineering construction within the meaning of this Act; "child" means a person under the apparent age of fourteen years; "class or description", in relation to factories, includes a group of factories described by reference to locality; "Commissioner" means the Labour Commissioner;
"competent person", in relation to any particular duty or function, means a person who has had adequate training and experience to enable him to perform that duty or function; "driving-belt" includes any driving strap or rope; "electricity substation" means any premises, or part thereof, in which no person is regularly employed and in which electrical energy is transformed or converted to or from pressure above medium pressure if such premises or part thereof are large enough for a person to enter after the apparatus is in position; "fume" includes gas and vapour; "general register" means a register kept under the provisions of section eighty-six; "harbour" includes any harbour properly so called, whether natural or artificial, and any estuary, navigable river, pier, jetty or other works in or at which craft can obtain shelter, or ship or unship goods or passengers; "inspector" means the Chief Inspector of Factories or any other inspector appointed under the provisions of section six; "machinery" includes any driving-belt; "magistrate" means a magistrate empowered under the Subordinate Courts Act to hold a subordinate court of the first or second class; "maintained" means maintained in an efficient state, in efficient working order and in good repair; "medium pressure" means a difference of electrical potential between any two conductors, or between a conductor and earth, in a system normally exceeding 250 volts but not exceeding 650 volts at the point where the electrical energy is used; "occupier" means the person or persons in actual occupation of a factory, whether the owner or not; "owner" means the person for the time being receiving the rents or profits of the premises in connection with which the word is used, whether on his own account or as agent or trustee for any other person, or who would so receive the same if the premises were let; "plant" includes any equipment, gear, machinery, apparatus or appliance, or any part thereof; "prime mover" means every engine, motor or other appliance which provides mechanical energy derived from steam, water, wind, electricity, the combustion of fuel or other source; "process" includes the use of any locomotive; "railway" means any railway used for the purpose of public traffic, whether passenger, goods or other traffic, and includes any works of the railway company or railway authority connected with a railway;
"sanitary convenience" includes a privy, urinal, pail closet, pit closet, earth closet, chemical closet and water closet; "standard specification" means a specification of construction approved from time to time by the British Standards Institution, and includes a specification which, in the opinion of the Commissioner, in any case, is equivalent to a specification approved by that Institution; "tenement factory" means any premises where mechanical power from any prime mover within the close or curtilage of the premises is distributed for use in manufacturing processes to different parts of the same premises occupied by different persons in such manner that those parts constitute separate factories; "transmission machinery" means every shaft, wheel, drum, pulley, system of fast and loose pulleys, coupling, clutch, driving-belt or other device by which the motion of a prime mover is transmitted to or received by any machine or appliance; "work of engineering construction" means the construction of any railway line or siding, otherwise than upon an existing railway, the construction of any road, and the construction, structural alteration, repair (including repointing and repainting) or demolition of any dock, harbour, inland navigation, tunnel, bridge, viaduct, waterworks, reservoir, pipeline (for whatever purpose required), aqueduct, sewer, sewage works or gasholder, and includes such other works as the Minister may by regulation specify; "young person" means a person who has attained the apparent age of fourteen years but who has not attained the apparent age of eighteen years.Interpretation Cap. 28 (2) A woman, child or young person who works in a factory, whether for wages or otherwise, either in a process or in cleaning any part of the factory used for any process, or in cleaning or oiling any part of the machinery or plant, or in any other kind of work whatsoever incidental to or connected with the process or connected with the article made or otherwise the subject of the process therein, shall, save as is otherwise provided by this Act, be deemed to be employed therein for the purposes of this Act or of any proceedings thereunder. (3) A young person who works in a factory, whether for wages or otherwise, in collecting, carrying or delivering goods, carrying messages or running errands shall be deemed to be employed in such factory for the purposes of this Act or of any proceedings thereunder. (4) For the purposes of this Act, an apprentice shall be deemed to be a person employed. (As amended by Act No. 24 of 1975) 4. (1) Save as in this Act otherwise expressly provided, the provisions of this Act shall apply only to factories as defined by this Act but shall, except where the contrary intention appears, apply to all such factories.Application of Act (2) The provisions of this Act shall apply to any factories belonging to or in occupation of the Republic and to building operations and works of engineering construction undertaken by or on behalf of the Republic.
PART II ADMINISTRATION 5. The Commissioner may delegate to any other public officer in writing and subject to such restrictions, reservations, exceptions and conditions as he may think fit, all or any of the powers conferred upon him by or under this Act.Delegation of powers of Commissioner 6. (1) There shall be appointed as public officers a Chief Inspector of Factories and such other inspectors as shall be necessary for the proper administration of this Act.Appointment of inspectors (2) Every inspector shall be furnished with a certificate of appointment in the prescribed form, and when visiting a factory or place to which any of the provisions of this Act apply shall, if required, produce such certificate to the occupier of or other person holding a responsible position of management at the factory or place. (As amended by Act No. 24 of 1975) 7. An inspector shall, for the purposes of this Act, have power- (a) to enter, inspect and examine, by day and night, any factory, and every part thereof, when he has reasonable cause to believe that any person is employed therein, and to enter, inspect and examine by day any place which he has reasonable cause to believe to be a factory and any part of any building of which a factory forms part and in which he has reasonable cause to believe that explosive or highly inflammable materials are stored or used; (b) to take with him a police officer if he has reasonable cause to apprehend any serious obstruction in the execution of his duty; (c) to require the production of the registers, certificates, notices and documents required under the provisions of this Act to be kept and to inspect, examine and copy any of them; (d) to make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act are complied with in respect of any factory and of any persons employed therein; (e) to require any person whom he finds in any factory to give such information as it is in his power to give as to who is the occupier of the factory; (f) to examine, either alone or in the presence of any other person, as he thinks fit, with respect to matters under this Act, the occupier, or any person whom he finds in a factory or whom he has reasonable cause to believe to be or to have been within the preceding three months employed in a factory, and to require every such person to be so examined and to sign a declaration of the truth of the matters respecting which he has been so examined:Powers of inspectors Provided that no person shall be required under this paragraph to answer any question or to give any evidence tending to incriminate himself;
(g) in the case of an inspector who is a medical practitioner, to carry out such medical examinations as may be necessary for the purposes of his duties under this Act; and (h) to exercise such other powers as may be necessary for carrying this Act into effect. 8. The occupier of every factory and his agents and servants shall furnish the means required by an inspector as necessary for an entry, inspection, examination, inquiry, the taking of samples, or otherwise for the exercise of his powers under this Act in relation to that factory.Duty to assist inspector 9. (1) No person shall obstruct an inspector in the execution of his duties under this Act.Obstructing inspector (2) If any person wilfully delays an inspector in the exercise of any power under this Part, or fails to comply with the requisition of an inspector in pursuance of this Part, or to produce any register, certificate, notice or document which he is required by or in pursuance of this Act to produce, or wilfully withholds any information as to who is the occupier of any factory or conceals or prevents, or attempts to conceal or prevent, a person from appearing before or being examined by an inspector, that person shall be deemed to obstruct an inspector in the execution of his duties under this Act. (3) Any person who obstructs an inspector shall be guilty of an offence and liable on conviction to a fine not exceeding three hundred penalty units or to imprisonment for a period not exceeding one month. (As amended by Act No. 13 of 1994) 10. (1) No inspector shall, save in the performance of his duty, publish or disclose to any person the details of any manufacturing, commercial or working process which may come to his knowledge in the course of his duties.Inspectors not to disclose information or source of complaints (2) Unless authorised by the complainant, an inspector shall not divulge to any person the source of any complaint bringing to his notice any defect or breach of the provisions of this Act and shall give no intimation to any owner, occupier or employer or a representative of such owner, occupier or employer that a visit of inspection was made in consequence of the receipt of such a complaint. (3) Any inspector who contravenes the provisions of subsection (1) or (2) shall be guilty of an offence. PART III REGISTRATION OF FACTORIES 11. The Commissioner shall maintain a register of factories, in which he shall cause to be entered such particulars in relation to every factory as may be prescribed.Register of factories 12. (1) Every person who on the commencement of this Act occupies a factory shall within three months thereafter apply to the Commissioner, by written notice containing the particulars prescribed under section eleven, for the registration of the factory.Registration of existing factories
(2) Upon receipt of an application under subsection (1), the Commissioner shall cause the factory to be registered and shall issue to the occupier thereof a certificate of registration. 13. (1) No person shall occupy or use as a factory any premises which were not so occupied or used on the commencement of this Act and in respect of which a certificate of registration under this section has not been issued.Registration of new factories existing (2) Upon written application supported by the particulars prescribed under section eleven being made to the Commissioner for the registration of any premises to which subsection (1) refers, the Commissioner shall- (a) if he is satisfied that the premises comply with the provisions of this Act or any orders or regulations made thereunder, cause the premises to be registered and a certificate of registration to be issued; or (b) if he is not so satisfied, refuse to register the premises and shall state in writing the grounds for such refusal. 14. The occupier of any factory registered under this Part shall forthwith notify the Commissioner in writing of any material change in the particulars last notified in relation to that factory under section twelve or thirteen.Notification of change in registered particulars 15. (1) No building shall be erected or converted for use as a factory and no extension shall be added to any existing factory save in accordance with drawings showing plans and sections of the proposed erection, conversion or addition which have been approved by the Commissioner under subsection (2).Drawings of factories (2) Upon written application supported by such particulars as may be prescribed being made to the Commissioner for the approval of any drawings described in subsection (1), the Commissioner shall- (a) if he is satisfied the drawings provide for suitable premises for use as a factory of the type proposed, issue a certificate of approval of such drawings; or (b) if he is not so satisfied, refuse to issue any certificate of approval of the drawings and shall state in writing the grounds for such refusal. PART IV APPEALS 16. (1) For the purpose of hearing and determining appeals in accordance with the provisions of this Part or any proceedings incidental thereto or connected therewith, there is hereby established an Appeals Board (hereinafter in this Part called "the Board").Establishment of Appeals Board (2) The chairman and members of the Board shall be appointed from time to time by the Judicial Service Commission for such period as the said Commission may think fit. 17. (1) Any person aggrieved by a decision of the Commissioner under the
provisions of section thirteen or fifteen may appeal to the Board therefrom.Appeals to Board (2) Every notice of appeal shall be in writing stating the grounds of the appeal and shall be lodged with the chairman of the Board who, on receipt of such notice, shall appoint a day and place for the hearing of the appeal and shall notify the parties accordingly. (3) The procedure for the institution and hearing of appeals to the Board shall be in accordance with the provisions of this Part and any rules which may be made by the Chief Justice, by statutory instrument, under this section for the purpose of regulating such procedure. (4) On the hearing and determination of any appeal under this Part- (a) the Commissioner shall be a party to the proceedings; (b) any party to the proceedings may appear in person or by counsel or any agent thereunto authorised by him in writing. 18. (1) The Board may confirm, vary or reverse the decision of the Commissioner with which the appeal is concerned.Powers of Board (2) The Board shall not make any order as to costs unless it considers the decision of the Commissioner to have been unreasonable or the grounds of appeal to have been frivolous. (3) Any decision by the Board under this Part shall be final and shall not be challenged in any proceedings whatsoever. PART V HEALTH: GENERAL PROVISIONS 19. (1) Every factory shall be kept in a clean state, and free from effluvia arising from any drain, sanitary convenience or nuisance.Cleanliness (2) Without prejudice to the generality of subsection (1)- (a) accumulations of dirt and refuse shall be removed daily from the floors and benches of workrooms, and from the staircases and passages; (b) the floor of every workroom shall be cleaned at least once in every week by washing or, if it is effective and suitable, by sweeping or other method; (c) where any process is carried on in circumstances which render the floor liable to be wet to such an extent that the fluid is capable of being removed by drainage, effective means shall be provided and maintained for draining off the fluid; (d) all inside walls and partitions, and all ceilings or tops of rooms, and all walls, sides and tops of passages and staircases shall- (i) where they have a smooth impervious surface, at least once in every period of fourteen months be washed with hot water and soap or other suitable detergent or cleaned by other suitable method;
(ii) where they are kept painted in a prescribed manner or varnished, be repainted in a prescribed manner or revarnished at such intervals of not more than seven years as may be prescribed, and shall at least once in every period of fourteen months be washed with hot water and soap or other suitable detergent or cleaned by other suitable method; (iii) in all other cases, be kept whitewashed or colourwashed and the whitewashing or colourwashing shall be repeated at least once in every period of fourteen months. (3) Where it appears to the Commissioner that in any factory or class or description of factory or parts thereof any of the foregoing provisions of this section are by reason of special circumstances inappropriate or unnecessary, he may, if he thinks fit, by order direct that those provisions shall not apply to that factory or to factories or parts of factories of that class or description, or shall apply as varied in the order. 20. (1) A factory shall not, while work is carried on, be so overcrowded as to cause risk of injury to the health of the persons employed therein.Overcrowding (2) Without prejudice to the generality of subsection (1), the number of persons employed at a time in any workroom shall not be such that the amount of cubic space allowed for each is less than twelve cubic metres. (3) In calculating for the purposes of this section the amount of cubic space in any room, no space more than four metres from the floor shall be taken into account and, where a room contains a gallery, the gallery shall be treated for the purposes of this section as if it were partitioned off from the remainder of the room and formed a separate room. (4) Every workroom shall not be less than three metres in height measured from the floor to the lowest point of the ceiling or, where there is no ceiling, to the lowest point of the roofing material. (As amended by No. 20 of 1974) 21. Effective and suitable provision shall be made, by natural or artificial means, for securing and maintaining by the circulation of fresh air in each workroom the adequate ventilation of the room, and for rendering harmless, so far as practicable, all such fumes, dust and other impurities generated in the course of any process or work carried on in the factory as may be injurious to health.General ventilation 22. (1) Effective provision shall be made for securing and maintaining sufficient and suitable lighting, whether natural or artificial, in every part of a factory in which persons are working or passing.Lighting (2) All glazed windows and skylights used for lighting of workrooms shall, so far as practicable, be kept clean on both the inner and outer surfaces and free from obstruction: Provided that this subsection shall not affect the whitewashing or shading of windows and skylights for the purpose of mitigating glare or heat. 23. Sufficient and suitable sanitary conveniences for the persons employed in the factory shall be provided, maintained and kept clean, and effective provision shall be made for lighting the conveniences and, where persons of both
sexes are or are intended to be employed, the conveniences shall afford proper separate accommodation for each sex.Sanitary conveniences 24. The provisions of section twenty-three shall, in such areas of Zambia as the Minister may by order direct, be enforced by such local authority as may be specified in such order.Enforcement of provisions of section 23 by local authority 25. Where an inspector finds any act or default in relation to any drain, sanitary convenience, water supply, nuisance or other matter in a factory which is liable to be dealt with by a local authority by reason of any order made under section twenty-four or under any written law relating to public health, he shall give notice thereof in writing to the local authority.Duty of inspector as to sanitary defects remediable by local authority 26. (1) Where it appears to the Minister-Medical supervision (a) that in any factory or class or description of factory- (i) cases of illness have occurred which he has reason to believe may be due to the nature of a process or other conditions of work; or (ii) by reason of changes in any process or in the substances used in any process, or by reason of the introduction of any new process or new substance for use in a process, there may be risk of injury to the health of persons employed in that process; or (iii) young persons are or are about to be employed in work which may cause risk of injury to their health; or (b) that there may be risk of injury to the health of persons employed in a factory- (i) from any substance or material brought to the factory to be used or handled therein; or (ii) from any change in the conditions of work or other conditions in the factory; he may make regulations requiring such reasonable arrangements to be made for the medical supervision (not including medical treatment other than first-aid treatment and medical treatment of a preventive character) of the persons, or any class of the persons, employed at that factory or class or description of factory as may be specified in the regulations. (2) Where the Minister proposes to exercise his powers under this section in relation to a particular factory and for a limited period, he may exercise those powers by order instead of by regulations, and any such order shall, subject to subsection (3), cease to have effect at the expiration of such period as may be specified in the order. (3) The Minister may by subsequent order or orders extend the said period, but if the occupier of the factory by notice in writing to him objects to any such extension, the original order shall cease to have effect as from one month after the service of the notice, without prejudice to the making of regulations in relation to the factory.
PART VI SAFETY: GENERAL PROVISIONS 27. (1) Every flywheel directly connected to any prime mover and every moving part of any prime mover, except such prime movers as are mentioned in subsection (3), shall be securely fenced, whether the flywheel or prime mover is situated in an engine-house or not.Prime movers (2) The head and tail race of every water wheel and of every water turbine shall be securely fenced. (3) Every part of any electric generator, motor and rotary converter, and every flywheel directly connected thereto, shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced. 28. (1) Every part of any transmission machinery shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced.Transmission machinery (2) Efficient devices or appliances shall be provided and maintained in every room or place where work is carried on by which the power can promptly be cut off from the transmission machinery in that room or place. (3) Every machine intended to be driven by mechanical power shall be provided with an efficient starting and stopping appliance, the control of which shall be in such a position as to be readily and conveniently operated by the person operating the machine. (4) No driving-belt when not in use shall be allowed to rest or ride upon a revolving shaft which forms part of the transmission machinery. (5) Suitable striking gear or other efficient mechanical appliance shall be provided and maintained and used to move driving-belts to and from fast and loose pulleys which form part of the transmission machinery, and any such gear or appliances shall be so constructed, placed and maintained as to prevent the driving-belt from creeping back on to the fast pulley. (6) The Commissioner may, subject to any conditions therein specified, issue a certificate of exemption from compliance with any of the requirements of subsections (2), (4) and (5) in any case where he is satisfied that compliance with the requirement is unnecessary or impracticable. 29. (1) Every dangerous part of any machinery, other than prime movers and transmission machinery, shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced.Other machinery (2) Any part of a stock-bar which projects beyond the head-stock of a lathe shall be securely fenced unless it is in such a position as to be as safe to every person employed or working on the premises as it would be if securely fenced. (3) Where the Commissioner is satisfied that there is available and suitable for use in connection with machinery of any class any type or description of
safety device, he may by order direct that that type or description of device shall be provided for use, either instead of or in addition to any fencing, in connection with such class of machinery as may be specified in the order. 30. (1) Subject to the provisions of subsection (2), in determining, for the purposes of the foregoing provisions of this Part, whether any part of machinery is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced-Provisions as to unfenced machinery (a) no account shall be taken of any person carrying out, while the part of machinery is in motion, an examination thereof or any lubrication or adjustment shown by such examination to be immediately necessary, if the examination, lubrication or adjustment can only be carried out while the part of machinery is in motion; and (b) in the case of any part of transmission machinery used in any process with respect to which the Commissioner has certified in writing that owing to the continuous nature of such process the stopping of that part would seriously interfere with the carrying on of the process in such factory, no account shall be taken of any person carrying out, by such methods and in such circumstances and subject to such conditions as may be specified in the certificate, any lubrication or any mounting or shipping of belts. (2) Subsection (1) shall only apply where- (a) the examination, lubrication or other operation is carried out by a male person who- (i) has attained the apparent age of eighteen years; (ii) has been appointed by the occupier of the factory, by prescribed certificate attached to the general register, to carry out such examination, lubrication or other operation, and has been furnished by the occupier with a signed copy of such certificate; (iii) has been sufficiently trained for the purposes of the work entailed by, and is acquainted with the dangers of moving machinery arising in connection with, such examination, lubrication or other operation; and (iv) has been provided by the occupier with and is wearing a close-fitting single-piece garment in good repair, which is fastened by means having no exposed loose ends and has no external pockets other than a hip-pocket; (b) another person, instructed as to the steps to be taken in case of emergency, is immediately available within sight or hearing of any person carrying out such examination, lubrication or other operation; and (c) any ladder in use for the carrying out of such examination, lubrication or other operation is securely fixed or lashed or is firmly held by a person standing at the foot of the ladder. 31. All fencing and other safeguards provided in pursuance of the foregoing provisions of this Part shall be of substantial construction, and constantly maintained and kept in position while the parts required to be fenced or safeguarded are in motion or use, except when any such parts are necessarily exposed for examination and for any lubrication or adjustment shown by such
examination to be immediately necessary and all conditions imposed by or under section thirty are complied with.Construction and maintenance of fencing 32. (1) Every prime mover and other machine, being a machine intended to be driven by mechanical power, shall be so constructed that the following parts of such prime mover or machine are securely fenced or are in such a position or are of such construction as to be as safe as they would be if they were securely fenced:Construction and supply of machinery All revolving shafts (including journal ends), flywheels, couplings, toothed gearing, friction gearing, belt and pulley drives, chain and sprocket drives, cams, crank arms and slide blocks and all projecting screws, bolts or keys on any moving part: Provided that the foregoing requirements shall not apply to a pulley, coupling or other part of a prime mover or machine intended for connecting to the prime mover or machine means of transmitting motion from the prime mover or from or to the machine, as the case may be, other than means of transmitting motion from the prime mover to the machine where the prime mover and machine are constructed as a combined unit appliance. (2) Every prime mover and other machine, being a machine intended to be driven by mechanical power, shall be so constructed that every lever, handle, switch or other device whose accidental movement or displacement is liable to cause danger, shall, where practicable (unless it is so placed or the appliance is so constructed as to prevent accidental movement or displacement) be provided with a suitable spring or other locking or shrouding arrangement to prevent the accidental movement or displacement. (3) Any person who, after the expiry of a period of two years from the commencement of this Act, sells or lets on hire, or as agent of the seller or hirer causes or procures to be sold or let on hire, for use in a factory in Zambia, any prime mover, or other machine intended to be driven by mechanical power, which does not comply with the requirements of subsections (1) and (2) shall be guilty of an offence and liable to a fine not exceeding one thousand five hundred penalty units. (4) Nothing in this section shall be deemed to relieve the occupier of a factory of any responsibility placed on him under this Act in relation to any machinery used in that factory. (5) The Minister may by regulations extend the provisions of subsection (3) to plant which does not comply with such requirements of this Act or of any regulations made thereunder as may be specified in the regulations, and any regulations made under this subsection may relate to plant in a specified process. (6) An offence under subsection (3) or (5) shall, where necessary for the purpose of conferring jurisdiction on any court to entertain proceedings for the offence, be deemed to have been committed in the place where the machine or, as the case may be, the plant, is for the time being. (As amended by Act No. 13 of 1994) 33. (1) Every fixed vessel, structure, sump or pit of which the edge is less than one metre above the highest ground or platform from which a person might fall into it shall, if it contains any scalding, corrosive or poisonous liquid,
or any molten metal, either be securely covered or be securely fenced to at least one metre above that ground or platform, or where by reason of the nature of the work neither secure covering nor secure fencing to that height is practicable, all practicable steps shall be taken by covering, fencing or other means to prevent any person from falling into the vessel, structure, sump or pit.Vessels containing dangerous substances (2) Every such vessel, structure, sump or pit as is mentioned in subsection (1) shall be clearly indicated by a warning notice bearing in red letters in English and in at least one vernacular language commonly used by the employees in the factory, the word "DANGER". (3) Where any fixed vessel, structure, sump or pit contains any scalding, corrosive or poisonous liquid or any molten metal, but is not securely covered, no ladder, stair or gangway shall be placed above, across or inside it which is not- (a) at least five hundred millimetres wide; and (b) securely fenced on both sides to a height of at least one metre and securely fixed. (4) Where any vessels, structures, sumps or pits adjoin and one or more of them contains any scalding, corrosive or poisonous liquid or any molten metal, and the space between them, clear of any surrounding brick or other work, is less than five hundred millimetres in width or is not securely fenced on both sides to a height of at least one metre, secure barriers shall be so placed as to prevent passage between them. (5) For the purposes of this section, a ladder, stair or gangway shall not be deemed to be securely fenced unless it is provided with sheet fencing or with an upper and a lower rail and toe-boards, or, where appropriate, with suitable safety hoops or cages. (6) The Minister may by regulations extend any of the provisions of this section so as to make them applicable- (a) to a vessel or structure which is not fixed; or (b) to a vessel, structure, sump or pit containing a substance which is not a liquid; and, in relation to any substance which is not a liquid, the expression "scalding", in a provision extended under paragraph (b), shall be taken to mean "likely to cause burns" (7) The Minister may by order exempt from the requirements of this section any class of vessel, structure, sump or pit in the case of which he is satisfied that the requirements are unnecessary or inappropriate. (As amended by No. 20 of 1974) 34. (1) No traversing part of any self-acting machine and no material carried thereon shall, if the space over which it runs is a space over which any person is liable to pass, whether in the course of his employment or otherwise, be allowed on its outward or inward traverse to run within a distance of five hundred millimetres from any fixed structure not being part of the machine.Self-acting machines
(2) All practical steps shall be taken by instructions to the person in charge of the machine and otherwise to ensure that no person employed shall be in the space between any traversing part of a self-acting spinning mule and any fixed part of the machine towards which the traversing part moves on the inward run, except when the machine is stopped with the traversing part on the outward run. (As amended by No. 20 of 1974) 35. No person shall be employed at any machine or in any process, being a machine or process liable to cause bodily injury, unless he has been fully instructed as to the dangers likely to arise in connection therewith and the precautions to be observed, and- (a) has received a sufficient training in work at the machine or in the process; or (b) is under adequate supervision by a person who has a thorough knowledge and experience of the machine or process.Training and supervision of inexperienced workers 36. (1) All floors, steps, stairs, passages and gangways shall be of sound construction and properly maintained and shall, so far as is reasonably practicable, be kept free from any obstruction and from any substance likely to cause persons to slip.Floors, steps, stairs, passages and gangways (2) For every staircase in a building or affording a means of exit from a building, a substantial hand-rail shall be provided and maintained, which if the staircase has an open side, shall be on that side, and in the case of a staircase having two open sides or of a staircase which, owing to the nature of its construction or the condition of the surface of the steps, or other special circumstances, is specially liable to cause accidents, such a hand-rail shall be provided and maintained on both sides. (3) Any open side of a staircase shall also be guarded by the provision and maintenance of a lower rail or other effective means. (4) All openings in floors shall be securely fenced, except in so far as the nature of the work renders such fencing impracticable. (5) All ladders shall be soundly constructed and properly maintained and shall, where liable to slip, be properly secured or fitted with effective devices to prevent skidding, or be firmly held by a person stationed at the foot of the ladder. 37. (1) There shall, so far as is reasonably practicable, be provided and maintained safe means of access to and egress from every place at which any person has at any time to work, and every such place shall, so far as is reasonably practicable, be made and kept safe for any person working there.Safe means of access and safe place of employment (2) Sufficient clear and unobstructed space shall be maintained at every machine while in motion to enable work to be carried on without unnecessary risk to any person. (3) Where any person has to work at a place from which he will be liable to fall a distance exceeding two metres then, unless the place is one which affords secure foothold and, where necessary, secure handhold, means shall be provided,
so far as is reasonably practicable, by fencing or otherwise, for ensuring his safety. (As amended by No. 20 of 1974) 38. (1) The provisions of subsections (2) to (7) shall have effect where work in any factory has to be done inside any chamber, tank, tank-wagon, vat, pit, pipe, flue, or other confined space in which dangerous fumes are liable to be present to such an extent as to involve risk of persons being overcome thereby.Precautions in places where dangerous fumes are liable to be present (2) The confined space shall be provided with adequate means of egress. (3) Subject to subsection (4), no person shall enter or remain in the confined space for any purpose unless he is wearing a suitable breathing apparatus and has been authorised to enter by a responsible person, and, where practicable, he is wearing a belt with a rope securely attached and a person keeping watch outside and capable of pulling him out is holding the free end of the rope. (4) Where the confined space has been certified by a responsible person as being, for a specified period, safe for entry without breathing apparatus and the period so specified has not expired, the aforementioned provisions of this section shall not apply, but no person shall enter or remain in the space unless he has been warned when that period will expire. (5) A confined space shall not be certified under subsection (4) unless- (a) effective steps have been taken to prevent any ingress of dangerous fumes; (b) any sludge or other deposit liable to give off dangerous fumes has been removed and the space contains no other material liable to give off dangerous fumes; and (c) the space has been adequately ventilated and tested for dangerous fumes and has a supply of air adequate for respiration; but no account shall be taken for the purposes of paragraph (b) of any deposit or other material liable to give off dangerous fumes in insignificant quantities only. (6) There shall be provided and kept readily available a sufficient supply of suitable breathing apparatus, of belts and ropes, and of suitable reviving apparatus and oxygen, and the apparatus and belts and ropes shall be maintained and shall be thoroughly examined by a competent person at least once a month. (7) A sufficient number of persons employed shall be trained and practised in the use of the apparatus mentioned in subsection (6) and in a method of restoring respiration. (8) The Commissioner may by certificate grant, subject to any conditions specified in the certificate, exemption from compliance with any of the requirements of the foregoing provisions of this section in any case where he is satisfied that compliance with those requirements is unnecessary or impracticable. (9) No person shall enter or remain in any confined space in which the proportion of oxygen in the air is liable to have been substantially reduced unless either-
(a) he is wearing a suitable breathing apparatus; or (b) the space has been and remains adequately ventilated and a responsible person has tested and certified it as safe for entry without breathing apparatus. (10) No work shall be permitted in any boiler-furnace or boiler-flue until it has been sufficiently cooled by ventilation or otherwise to make work safe for the persons employed. 39. (1) Where, in connection with any grinding, sieving or other process giving rise to dust, there may escape dust of such character and to such an extent as to be liable to explode on ignition, all practicable steps shall be taken to prevent such an explosion by enclosure of the plant used in the process, and by removal or prevention of accumulation of any dust that may escape in spite of the enclosure, and by exclusion or effective enclosure of possible sources of ignition.Precautions with respect to explosive or inflammable dust, gas, vapour or substance (2) Where there is present in any plant used in any such process as aforesaid dust of such a character and to such an extent as to be liable to explode on ignition, then, unless the plant is so constructed as to withstand the pressure likely to be produced by any such explosion, all practicable steps shall be taken to restrict the spread and effects of such an explosion by the provision, in connection with the plant, of chokes, baffles and vents or other equally effective appliances. (3) Where any part of a plant contains any explosive or inflammable gas or vapour under pressure greater than atmospheric pressure, that part shall not be opened, except in accordance with the following provisions: (a) before the fastening of any joint of any pipe connected with the part of the plant or the fastening of the cover of any opening into the part is loosened, any flow of the gas or vapour into the part or into any such pipe shall be effectively stopped by a stop-valve or otherwise; (b) before any such fastening as aforesaid is removed, all practicable steps shall be taken to reduce the pressure of the gas or vapour in the pipe or part of the plant to atmospheric pressure; and if any such fastening has been loosened or removed, no explosive or inflammable gas or vapour shall be allowed to enter the pipe or part of the plant until the fastening has been secured, or, as the case may be, securely replaced: Provided that this subsection shall not apply to plant installed in the open air. (4) No plant, tank or vessel which contains or has contained any explosive or inflammable substance shall be subjected- (a) to any welding, brazing or soldering operation; (b) to any cutting operation which involves the application of heat; or (c) to any operation involving the application of heat for the purpose of
taking apart or removing the plant, tank or vessel or any part of it; until all practicable steps have been taken to remove the substance and any fumes arising from it, or to render them non-explosive or non-inflammable; and if any plant, tank or vessel has been subjected to any such operation, no explosive or inflammable substance shall be allowed to enter the plant, tank or vessel until the metal has cooled sufficiently to prevent any risk of igniting the substance. (5) The Commissioner may by certificate grant, subject to any conditions specified in the certificate, exemption from compliance with any of the requirements of subsections (3) and (4) in any case where he is satisfied that compliance with the requirement is unnecessary or impracticable. 40. (1) In every factory there shall be provided and maintained appropriate means for fighting fire, which shall be so placed as to be readily available for use, and persons trained in the correct use of such means shall be present during all working periods.Prevention and fighting of fire (2) The Minister may by regulations prescribe for any class or description of factory or part thereof specified means for fighting fire, and any such regulations may provide for the testing or examination of the means so specified and for the recording of particulars of the tests or examinations and of any defects found and action taken to remedy the defects. (3) The Minister may make regulations requiring means to be provided in any class or description of factory for notifying the fire brigade in case of fire and requiring employed persons to be made familiar with their use. (4) Regulations made under this section may provide, as regards any of their provisions, that some other person or persons shall be responsible for a contravention thereof instead of or as well as the occupier. (5) Any requirement imposed by regulations made under subsection (2) may be so imposed either in substitution for or without prejudice to the general requirements of subsection (1). (6) The Minister may by order grant exemption from the requirements of subsection (1) and any such order may apply to any particular factory or part of a factory or any class or description of factory. (7) All stocks of highly inflammable substances shall be kept either in a fire-resisting store or in a safe place outside any occupied building: Provided that no such store as aforesaid shall be so situated as to endanger the means of escape from the factory or from any part thereof in the event of a fire occurring in the store. (8) No fire, flame, open light or other agency likely to ignite any volatile inflammable substance shall be permitted in any part of a factory in which such substance is used or is likely to be present. (9) No person shall be allowed to smoke in any part of a factory where any volatile inflammable substance is used, and a notice prohibiting smoking shall be posted in a conspicuous place in every such part of the premises. 41. (1) Every factory shall be provided with adequate means of escape in case
of fire for the persons employed therein, and all such means shall be properly maintained and kept free from obstruction.Means of escape and warning in case of fire (2) The contents of any room in which persons are employed shall be so arranged or disposed that there is a free passage-way for all persons employed in the room to a means of escape in case of fire. (3) Where any person is within a factory for the purpose of employment or meals, the doors of the factory, and of any room therein in which the person is, and any doors which afford a means of exit for persons employed in the factory from any building or from any enclosure in which the factory is situated, shall not be locked or fastened in such a manner that they cannot be easily and immediately opened from the inside. (4) Any doors opening on to any staircase or corridor from any room in which more than ten persons are employed, and in the case of any factory constructed or converted for use as a factory after the commencement of this Act, all other doors affording a means of exit from the factory for persons employed therein, shall, except in the case of sliding doors, be constructed to open outwards. (5) In any factory constructed or converted for use as a factory before the commencement of this Act in which more than ten persons are employed in the same building above the ground floor, any door, which is not kept continuously open, at the foot of a staircase affording a means of exit from the building, shall, except in the case of sliding doors, be constructed to open outwards. (6) Doors giving access to stairways shall not open immediately on to a flight of stairs, but on to a landing of adequate width. (7) Every window, door or other exit affording means of escape in case of fire or giving access thereto, other than the means of exit in ordinary use, shall be distinctively and conspicuously marked by a notice printed in red letters of adequate size. (8) Every hoistway or liftway inside a building constructed after the commencement of this Act shall be completely enclosed with fire-resisting materials, and all means of access to the hoist or lift shall be fitted with doors of fire-resisting materials: Provided that any such hoistway or liftway which is not provided with a vent at the top shall be enclosed at the top only by some material easily broken by fire. (9) The Commissioner may by certificate grant, subject to any conditions specified in the certificate, exemption from compliance with any of the requirements of subsection (8) in any case where he is satisfied that compliance with those requirements is inappropriate or undesirable. (10) Where in any factory more than twenty persons are employed in the same building or explosive or highly inflammable materials are stored or used in any building in which persons are employed, effective means, capable of being operated without exposing any person to undue risk, shall be provided and maintained for giving warning in case of fire, which shall be clearly audible throughout the building or, where the factory is part only of the building, in every part of the building which is used for the purposes of the factory.
(11) The Minister may by regulations apply the provisions of subsection (10) to any class or description of factory. (12) The Minister may by order grant exemption from or modify the requirements of subsection (10) in any case where it appears to him that those requirements are unnecessary or, as the case may be, would, unless modified, be unreasonable; and any such order may apply to any particular factory or part of a factory or any class or description of factory. 42. (1) There shall be tested and examined at least once in every period of three months and whenever an inspector so requires every means for giving warning in case of fire which is required to be provided by or under this Act.Testing and examination of fire warning (2) The Minister may by regulations provide that, in relation to any class or description of appliance or in relation to any class or description of factory, subsection (1) shall have effect with the substitution for the period of three months of such period as may be specified in the regulations. (3) The Minister may by regulations prescribe the nature of the test or examination to be carried out in pursuance of this section. (4) There shall be entered in or attached to the general register the date of every test or examination carried out in pursuance of this section and particulars of any defect found and the date and particulars of any action taken to remedy any such defect. 43. (1) Where in any factory more than twenty persons are employed in the same building above the first floor or more than six metres above the ground level, or explosive or highly inflammable materials are stored or used in any building where persons are employed, effective steps shall be taken to ensure that all the persons employed are familiar with the means of escape in case of fire and their use and with the routine to be followed in case of fire.Fire drills (2) The Minister may by regulations apply the provisions of subsection (1) to any class or description of factory. (3) The Minister may make regulations as to the steps to be taken for the purposes of subsection (1) in factories to which that subsection applies, or any class or description thereof. (As amended by No. 20 of 1974) 44. The Minister may make regulations as to the means of escape in case of fire to be provided in factories or any class or description of factory.Regulations for means of escape 45. (1) The Minister may make regulations as to the measures to be taken to reduce the risk of fire breaking out in any factory or of any such fire or smoke therefrom spreading in any factory, and such regulations may, among other things, prescribe requirements as to the internal construction of a factory and the materials used in the construction.Regulations for fire prevention (2) Regulations made under this section may provide, as regards any of their provisions, that some other person or persons shall be responsible for a contravention thereof instead of or as well as the occupier.
46. Where it appears to the Minister that, in view of the number and nature of accidents occurring in any factory or class or description of factory, special provision ought to be made at that factory or at factories of that class or description to secure the safety of persons employed therein, he may make regulations requiring the occupier to make such reasonable provision by arrangements for special supervision in regard to safety, investigation of the circumstances and causes of accidents, and otherwise as may be specified in the regulations.Regulations for special safety arrangements for the prevention of accidents PART VII SAFETY: LIFTING MACHINERY 47. (1) Every hoist and lift shall be of good mechanical construction, sound material and adequate strength, and consistent with a relevant standard specification, and shall, together with all gates, interlocking or other devices required by this section to be fitted, be properly maintained.Hoists and lifts (2) Every hoist or lift shall be thoroughly examined by a competent person at least once in every period of six months, and a report of the result of every such examination in the prescribed form shall be signed by the person making the examination and shall, within fourteen days, be entered in or attached to the general register. (3) Every hoistway or liftway shall be efficiently protected by a suitable enclosure fitted with gates, being such an enclosure as to prevent, when the gates are shut, any person falling down the way or coming into contact with any moving part of the hoist or lift. (4) Any such gate as aforesaid shall be fitted with efficient interlocking or other devices to secure that the gate cannot be opened except when the cage or platform is at the landing and that the cage or platform cannot be moved away from the landing until the gate is closed. (5) If, in the case of a hoist or lift constructed or reconstructed before the commencement of this Act, it is not reasonably practicable to fit it with such devices as are mentioned in subsection (4), it shall be sufficient if the gate- (a) is provided with such arrangements as will secure the objects of that subsection so far as is reasonably practicable; and (b) is kept closed and fastened except when the cage or platform is at rest at the landing. (6) Every hoist or lift and every such enclosure as is mentioned in subsection (3) shall be so constructed as to prevent any part of any person or any goods carried in the hoist or lift being trapped between any part of the hoist or lift and any fixed structure or between the counterbalance weight and any other moving part of the hoist or lift. (7) There shall be marked in a conspicuous place on every hoist or lift the maximum working load which it can safely carry and no load greater than the maximum working load shall be carried on any hoist or lift. 48. (1) The following additional requirements shall apply to hoists and lifts used for carrying persons whether together with goods or otherwise:Hoists and
lifts used for carrying persons (a) efficient automatic devices shall be provided and maintained to prevent the cage or platform overrunning; (b) every cage shall on each side from which access is afforded to a landing be fitted with a gate, and in connection with every such gate efficient devices shall be provided to secure that, when persons or goods are in the cage, the cage cannot be raised or lowered unless the gate is closed, and will come to rest when the gate is opened; and (c) there shall be marked in a conspicuous place on every such hoist or lift the maximum number of persons which the hoist or lift is designed to carry. (2) In the case of a hoist or lift constructed or reconstructed before the commencement of this Act in connection with which it is not reasonably practicable to provide such devices as are mentioned in paragraph (b) of subsection (1), it shall be sufficient if- (a) such arrangements are provided as will secure the objects of that paragraph so far as is reasonably practicable; and (b) the gate is kept closed and fastened except where the cage is at rest or empty. (3) In the case of a hoist or lift used as mentioned in subsection (1) which was constructed after the commencement of this Act, where the platform or cage is suspended by rope or chain, there shall be at least two ropes or chains separately connected with the platform or cage, each rope or chain and its attachments being capable of carrying the whole weight of the platform or cage and its maximum working load, and efficient devices shall be provided and maintained which will support the platform or cage with its maximum working load in the event of a breakage of the ropes or chains or any of their attachments. 49. Every teagle opening or similar doorway used for hoisting or lowering goods, materials, or plant, whether by mechanical power or otherwise, shall be securely fenced and shall be provided with a secure hand-hold on each side of the opening or doorway, and such fencing shall be properly maintained and shall, except when the hoisting of goods, materials, or plant is being carried on at the opening or doorway, be kept in position.Teagle openings and similar doorways 50. (1) For the purposes of sections forty-seven and forty-eight, no lifting machine or appliance shall be deemed to be a hoist or lift unless it has a platform or cage the direction of movement of which is restricted by a guide or guides.Hoists and lifts: supplementary provisions and exceptions (2) Subsections (3) to (7) of section forty-seven and section forty-eight shall not apply in the case of a continuous hoist or lift, and in such a case subsection (2) of section forty-seven shall have effect as if for the reference to six months there were substituted a reference to twelve months. (3) Subsections (4) and (5) of section forty-seven and section forty-eight shall not apply in the case of a hoist or lift not connected with mechanical power; and in such a case- (a) subsection (2) of section forty-seven shall have effect as if for the reference to six months there were substituted a reference to twelve months; and
(b) any gates to be fitted under subsection (3) of section forty-seven shall be kept closed and fastened except when the cage or platform is at rest at the landing. (4) If it is shown to the satisfaction of the Commissioner that it would be unreasonable in the special circumstances of the case to enforce any requirement of this section or of section forty-seven, forty-eight or forty-nine in respect of any particular hoist, lift, hoistway, liftway or teagle opening or similar doorway, he may by certificate grant exemption from compliance with such requirement. 51. (1) The following provisions shall be complied with as respects every chain, rope or lifting tackle used for the purpose of raising or lowering persons, goods, materials or plant:Chains, ropes and lifting tackle (a) no chain, rope or lifting tackle shall be used unless it is of good construction, sound material, adequate strength, suitable quality and free from patent defect; (b) a table showing the safe working loads of every kind and size of chain, rope or lifting tackle in use, and, in the case of a multiple sling, the safe working load at different angles of the legs, shall be prominently displayed on the premises, and no chain, rope or lifting tackle not shown in the table shall be used; (c) no chain, rope or lifting tackle shall, save for the purpose of testing, be used for any load exceeding the safe working load; (d) all chains, ropes and lifting tackle in use shall be thoroughly examined by a competent person at least once in every period of six months, or at such greater intervals as the Commissioner may by order direct; (e) no chain, rope or lifting tackle, except a fibre rope or fibre rope sling, shall be taken into use in any factory for the first time in that factory unless it has been tested and thoroughly examined by a competent person and a certificate of the test and examination specifying the safe working load and signed by the person making the test and examination has been obtained and is kept available for inspection: Provided that the provisions of this paragraph shall not apply to any chain, rope or lifting tackle in respect of which there has been obtained, and is kept available for inspection, a certificate of test and thorough examination issued by the manufacturer of the chain, rope or lifting tackle. (2) Paragraph (b) of subsection (1) shall not apply in relation to any lifting tackle if its safe working load or, in the case of a multiple sling, the safe working load at different angles of the legs is plainly marked on it. (3) An inspector may, in writing addressed to the occupier, direct that wrought iron chains or lifting tackle in use in any factory be annealed or otherwise treated by heat at such specified intervals as he considers necessary. (4) In this section, "lifting tackle" means chain slings, rope slings or similar gear, and rings, links, hooks, plate clamps, shackles, swivels or eye bolts.
52. (1) All parts and working gear, whether fixed or movable, including the anchoring and fixing appliances, of every lifting machine shall be of good mechanical construction, sound material, adequate strength and free from patent defect, and shall be properly maintained.Cranes and other lifting machines (2) All such parts and gear shall be thoroughly examined by a competent person at least once in every period of fourteen months. (3) All rails on which a travelling crane moves and every track on which the carriage of a transporter or runway moves shall be of proper size and adequate strength and have an even running surface; and any such rails or track shall be properly laid, adequately supported or suspended, and properly maintained. (4) There shall be plainly marked on every lifting machine the safe working load or loads thereof: Provided that, in the case of a jib crane so constructed that the safe working load thereof may be varied by the raising and lowering of the jib, there shall be attached thereto either an automatic indicator of safe working loads or a table indicating the safe working loads at corresponding inclinations of the jib, or corresponding radii of the load. (5) No lifting machine shall, except for the purpose of a test, be loaded beyond the safe working load. (6) No lifting machine shall be taken into use in any factory for the first time in that factory unless it has been tested, and all such parts and working gear of the machine as are specified in subsection (1) have been thoroughly examined by a competent person, and a certificate of the test and examination specifying the safe working load or loads of the machine and signed by the person making the test and examination has been obtained and is kept available for inspection: Provided that the provisions of this subsection shall not apply to any lifting machine in respect of which there has been obtained, and is kept available for inspection, a certificate of test and thorough examination issued by the manufacturer of the machine. (7) If any person is employed or working on or near the wheel-track of an overhead travelling crane in any place where he would be liable to be struck by the crane, effective measures shall be taken to ensure that the crane does not approach within six metres of that place. (8) If any person is employed or working otherwise than mentioned in subsection (7) but in a place above floor level where he would be liable to be struck by an overhead travelling crane, or by any load carried by such a crane, effective measures shall be taken to warn him of the approach of the crane, unless his work is so connected with, or dependent on, the movements of the crane as to make a warning unnecessary. (9) In this section, "lifting machine" means a crane, crab, winch, teagle, pulley block, gin wheel, transporter or runway. (As amended by No. 20 of 1974) 53. A register, containing the prescribed particulars, shall be kept in
respect of all chains, ropes or lifting tackle (except fibre rope slings) to which section fifty-one applies, and in respect of all lifting machines to which section fifty-two applies.Register of chains, ropes and lifting tackle and lifting machines PART VIII SAFETY: STEAM BOILERS, ETC. 54. (1) Subject to subsection (3), every steam boiler, whether separate or one of a range-Steam boilers: attachments and construction (a) shall have attached to it the devices mentioned in subsection (2); (b) shall be provided with means for attaching a test pressure gauge; (c) shall, unless the subject of a written exemption by an inspector, be provided with a suitable fusible plug or an efficient low-water alarm; and (d) shall have at least one reliable feed apparatus capable of maintaining an ample supply of water to the boiler: Provided that- (i) where the feed apparatus is an injector, a second means of feeding consisting of a power or hand-pump shall be fitted; and (ii) for the purposes of this paragraph, two or more boilers combined for joint working shall be deemed to be one boiler. (2) The devices referred to in subsection (1) are- (a) a suitable safety-valve, separate from any stop-valve, which shall be so adjusted as to prevent the boiler being worked at a pressure greater than the maximum permissible working pressure and shall be fixed directly to, or as close as practicable to, the boiler; (b) a suitable stop-valve fixed directly to, or as close as practicable to, such boiler, and connecting the boiler to the steam pipe; (c) a correct steam pressure gauge connected to the steam space and easily visible by the boiler attendant, which shall indicate the pressure of steam in the boiler in bars, and have marked on it in a distinctive colour the maximum permissible working pressure; (d) at least one water gauge of transparent material or other type approved by the Commissioner to show the water level in the boiler, together, if the gauge is of the glass tubular type and the working pressure of the boiler normally exceeds 2,500 bars, with an efficient guard provided so as not to obstruct the reading of the gauge; (e) where the boiler is one of two or more boilers, a plate bearing a distinctive number which shall be easily visible. (3) Paragraph (b) of subsection (2) shall not apply with respect to economisers, and paragraphs (c), (d) and (e) of that subsection and paragraphs (b) and (c) of subsection (1) shall not apply with respect to either economisers
or superheaters. (4) For the purposes of the foregoing provisions of this section, a lever-valve shall not be deemed a suitable safety-valve unless the weight is secured on the lever in the correct position. (5) Every part of every steam boiler shall be of good construction, sound material and adequate strength, and free from patent defect and consistent with a relevant standard specification. (As amended by No. 20 of 1974) 55. (1) Every steam boiler attendant shall be properly instructed as to his duties.Steam boilers: maintenance, examination and use (2) Every steam boiler and all its fittings and attachments shall be properly maintained. (3) Every steam boiler and all its fittings and attachments shall be thoroughly examined by an inspector or other person authorized by the Commissioner at intervals not exceeding eighteen months and also as soon as practicable after any extensive repairs. (4) The occupier of a factory shall notify an inspector in writing whenever- (a) general retubing, renewal of furnaces or flues, affixing of new rivets, plates or patches, replacement of stays or gussets, the building up of wasted areas by any welding process or any other such major repairs are to be executed to a steam boiler; (b) major repairs as described in paragraph (a) have been executed to a steam boiler; (c) he ceases permanently to use a steam boiler; (d) a steam boiler is to be removed from his factory for use elsewhere or is to be resited within the factory; and (e) a steam boiler is damaged. (5) Any examination carried out in accordance with the requirements of subsection (3) shall include- (a) an examination of the boiler when it is cold which shall not be carried out until the interior and exterior of the boiler have been prepared in such manner as the person who is to make the examination may require; and (b) except in the case of an economiser or superheater, an examination when the boiler is under normal steam pressure which examination may, with the approval of the person carrying out the examination when cold, be carried out by some other person. (6) The examination under pressure in accordance with paragraph (b) of subsection (5) shall be made on the first occasion when steam is raised after the examination when cold, or as soon as possible thereafter, and the person making such examination shall ensure that the safety-valve is so adjusted as to prevent the boiler being worked at a pressure greater than the maximum
permissible working pressure. (7) A report in the prescribed form of every examination made under the provisions of subsection (3) shall, as soon as practicable after the completion of the examination, be attached to or entered in the boiler book, and each such report shall be signed by the person making the examination. (8) No steam boiler which has previously been used shall be taken into use in any factory for the first time in that factory until it has been examined and reported upon in accordance with the provisions of this section. (9) No new steam boiler shall be taken into use until an inspector has been supplied with- (a) the manufacturer's complete specifications which shall include full details of the chemical composition and physical properties of the material of all rivets, plates, sections, tubes, bars and electrodes used for pressure parts; (b) dimensioned drawings of the complete boiler, showing the thickness of plates, details of all rivetting, the thickness of plates and the position and extent of all welds; and (c) the manufacturer's test certificate. (10) Where the report of any examination made under the provisions of this section specifies conditions for securing the safe working of a steam boiler, such boiler shall not be used except in accordance with those conditions. (11) In respect of every steam boiler in a factory, the occupier of such factory shall keep a boiler book in the prescribed form in which shall be entered- (a) the dates on which such boiler is brought into and taken out of commission; (b) the dates on which such boiler is cleaned, examined or tested; and (c) the dates and details of any alterations or repairs to such boiler. (12) This section shall not apply to any steam boiler which belongs to and is used by Zambia Railways or to the boiler of any ship. 56. No person shall enter or be in any steam boiler which is one of a range of two or more steam boilers unless- (a) all inlets through which steam or hot water might otherwise enter such boiler from any other part of the range are disconnected from that part; or (b) all valves or taps controlling such entry are closed and securely locked, and, where such boiler has a blow-off pipe in common with one or more other steam boilers or into a common blow-off vessel or sump, the blow-off valve or tap on each such boiler is so constructed that it can only be opened by a key which cannot be removed until the valve or tap is closed and is the only key in use for that set of blow-off valves or taps.Steam boilers: restriction on entry 57. (1) Every steam receiver not so constructed as to withstand with safety
the maximum permissible working pressure of the boiler with which it is connected or the maximum pressure which can be obtained in the pipe connecting the receiver with any other source of supply of steam shall be fitted with-Steam receivers and steam containers (a) a suitable reducing valve or other suitable automatic appliance to prevent the safe working pressure being exceeded; (b) a suitable safety-valve so adjusted as to permit the steam to escape as soon as the safe working pressure is exceeded, or a suitable appliance for cutting off automatically the supply of steam as soon as the safe working pressure is exceeded; (c) a correct steam pressure gauge, which shall indicate the pressure of steam in the receiver in bars; and (d) a suitable stop-valve; and (e) except where only one steam receiver is in use, a plate bearing a distinctive number which shall be easily visible. (2) The safety-valve and pressure gauge required by the provisions of subsection (1) shall be fitted either on the steam receiver or on the supply pipe between the receiver and the reducing valve or other appliance provided to prevent the safe working pressure being exceeded. (3) For the purposes of the provisions of subsection (1), except paragraph (e) thereof, any set of receivers supplied with steam through a single pipe and forming part of a single machine may be treated as one receiver, and for the purpose of the said subsection except paragraphs (d) and (e) thereof, any other set of receivers supplied with steam through a single pipe may be treated as one receiver: Provided that this subsection shall not apply to any such set of receivers unless the reducing valve or other appliance provided to prevent the safe working pressure being exceeded is fitted on the said single pipe. (4) Every part of every steam receiver shall be of good construction, sound material, adequate strength and free from patent defect and consistent with a relevant standard specification. (5) Every steam receiver and its fittings shall be properly maintained and shall be thoroughly examined by an inspector or other person authorised by the Commissioner, so far as the construction of the receiver permits, at intervals not exceeding three years. (6) The examination specified in subsection (5) shall not be carried out until the interior and exterior of the steam receiver have been prepared in such manner as the person who is to make the examination may require. (7) A report in the prescribed form of the result of every examination made under the provisions of this section (including particulars of the safe working pressure) shall, as soon as practicable after the completion of the examination, be attached to or entered in the boiler book and each such report shall be signed by the person making the examination. (8) Every steam container shall be so maintained as to secure the outlet is at
all times kept open and free from obstruction. (As amended by No. 20 of 1974) 58. (1) Every air receiver-Air receivers (a) shall have marked upon it so as to be plainly visible the safe working pressure; (b) if it is connected with an air compressing plant, shall either be so constructed as to withstand with safety the maximum pressure that can be obtained from the compressor, or be fitted with a suitable reducing valve or other suitable appliance to prevent the safe working pressure of the receiver being exceeded; (c) shall be fitted with a suitable safety-valve so adjusted as to permit the air to escape as soon as the safe working pressure is exceeded; (d) shall be fitted with a correct pressure gauge indicating the pressure in the receiver in bars; (e) shall be fitted with a suitable appliance for draining the receiver; (f) shall be provided with a suitable manhole, handhole, or other means which will allow the interior of the receiver to be thoroughly cleaned and inspected; and (g) in any case where more than one receiver is in use in any factory, shall bear a distinguishing mark which shall be easily visible. (2) For the purposes of subsection (1) relating to safety-valves and pressure gauges, any set of air receivers supplied with air through a single pipe may be treated as one receiver: Provided that, where a suitable reducing valve or other suitable appliance to prevent the safe working pressure being exceeded is required to be fitted, this subsection shall not apply unless the valve or appliance is fitted on the said single pipe. (3) Every air receiver and its fittings shall be of sound construction consistent with a relevant standard specification and be properly maintained. (4) Every air receiver shall be thoroughly examined at intervals not exceeding three years: Provided that, if it is so constructed that the internal surface cannot be thoroughly examined, a suitable hydraulic test of the receiver shall be carried out in lieu of internal examination. (5) The examination specified in subsection (4) shall not be carried out until the interior and exterior of the air receiver have been prepared in such manner as the person who is to make the examination may require. (6) Every examination and test mentioned in subsection (4) shall be carried out by an inspector or other person authorised by the Commissioner and a report in the prescribed form of the result of every such examination and test (including particulars of the safe working pressure) shall be entered in or attached to the
general register and the report shall be signed by the person making the examination or test. (As amended by No. 20 of 1974) 59. No steam receiver or air receiver shall be taken into use until an inspector has been notified in writing of the make, type, year of manufacture and safe working pressure of such receiver, and, in the case of a steam receiver or air receiver which has previously been used, the full name and address of the former user.Notification before use of steam or air receivers 60. No modification to any pressure part of any steam boiler, steam receiver or air receiver not in accordance with instructions from the manufacturer shall be made until an inspector has been notified in writing of the proposed modification.Notification of proposed modifications to pressure parts 61. The Commissioner may by certificate except from any of the provisions of this Part any class or type of steam boiler, steam receiver, steam container or air receiver to which he is satisfied that such provision cannot reasonably be applied. Any such exception may be unqualified or may be subject to such conditions as may be contained in the certificate.Exceptions as to steam boilers, steam receivers and containers and air receivers 62. In this Part, unless the context otherwise requires-Interpretation of terms in Part VIII "air receiver" means- (a) any vessel (other than a pipe or coil, or an accessory, fitting or part of a compressor) for containing compressed air and connected with an air compressing plant; (b) any fixed vessel for containing compressed air or compressed exhaust gases and used for the purpose of starting an internal combustion engine; (c) any fixed or portable vessel (not being part of a spraying pistol) used for the purpose of spraying by means of compressed air any paint, varnish, lacquer or similar material, or an insecticide; or (d) any vessel in which oil is stored and from which it is forced by compressed air: Provided that the provisions of paragraph (e) of subsection (1) of section fifty-eight shall not apply to any such vessel as is mentioned in paragraph (c) or (d) of this definition; "maximum permissible working pressure" means, in the case of a new steam boiler, that specified in the certificate referred to in subsection (9) of section fifty-five and, in the case of a steam boiler which has been examined in accordance with the provisions of the said section, that specified in the report of the last examination; "safe working pressure" means- (a) in the case of a new steam receiver, that specified by the maker and, in the case of a steam receiver which has been examined in accordance with the provisions of section fifty-seven, that specified in the report of the last
examination; and (b) in the case of a new air receiver, that specified by the maker or that determined by an inspector from the maker's test certificate and dimension sheet for that air receiver and, in the case of an air receiver which has been examined in accordance with the provisions of section fifty-eight, that specified in the report of the last examination; "steam boiler" means any closed vessel in which for any purpose steam is generated under pressure greater than atmospheric pressure, and includes any economiser used to heat water fed to any such vessel, and any superheater used for heating steam; "steam container" means any vessel (other than a steam pipe or coil) constructed with a permanent outlet into the atmosphere or into a space where the pressure does not exceed atmospheric pressure, and through which steam is passed at atmospheric pressure or at approximately that pressure for the purpose of heating, boiling, drying, evaporating or other similar purpose; "steam receiver" means any vessel or apparatus (other than a steam boiler, steam container, a steam pipe or coil, or a part of a prime mover) used for containing steam under pressure greater than atmospheric pressure. PART IX WELFARE: GENERAL PROVISIONS 63. (1) There shall be provided and maintained at suitable points conveniently accessible to all persons employed an adequate supply of wholesome drinking water.Drinking water (2) A supply of drinking water which is not laid on shall be contained in suitable vessels, and shall be renewed at least once in each working day, and all practicable steps shall be taken to preserve the water and vessels from contamination; and a drinking water supply, whether laid on or not, shall be clearly marked "DRINKING WATER" in English and in at least one vernacular language commonly used by the employees of the factory. 64. (1) There shall be provided and maintained for the use of employed persons adequate and suitable facilities for washing which shall include a supply of soap and suitable means of cleaning or drying; and the facilities shall be conveniently accessible and shall be kept in a clean and orderly condition.Washing facilities (2) The Commissioner may, by certificate, exempt from any of the requirements of subsection (1) any factory where, by reason of the difficulty of obtaining an adequate supply of water, or of the fact that accommodation is restricted and adequate and suitable washing facilities are otherwise conveniently available, or by reason of such other special circumstances as may be specified in the certificate, the application of the requirement would in his opinion be unreasonable. 65. (1) There shall be provided and maintained for the use of employed persons adequate and suitable accommodation for clothing not worn during working hours.Accommodation for clothing and change rooms (2) Where protective clothing is provided in pursuance of section seventy-one,
a suitable place or places shall be provided for the storage of such protective clothing. (3) Adequate change rooms shall be provided and maintained for the use of employed persons in any factory in which the Minister considers such rooms necessary and by order so directs. 66. (1) Where any employed persons have in the course of their employment reasonable opportunities for sitting without detriment to their work, there shall be provided and maintained for their use suitable facilities for sitting sufficient to enable them to take advantage of those opportunities.Facilities for sitting (2) Where a substantial proportion of any work can properly be done sitting- (a) there shall be provided and maintained for any employed person doing that work a seat of a design, construction and dimensions suitable for him and the work, together with a foot-rest on which he can readily and comfortably support his feet if he cannot do so without a foot-rest; and (b) the arrangements shall be such that the seat is adequately and properly supported while in use for the purpose for which it is provided. (3) For the purposes of subsection (2), the dimensions of a seat which is adjustable shall be taken to be its dimensions as for the time being adjusted. 67. (1) There shall be provided and maintained so as to be readily accessible a first-aid box or cupboard containing such equipment as may be prescribed and, where more than one hundred persons are employed, an additional box or cupboard for every additional hundred persons.First-aid (2) For the purposes of subsection (1), the number of persons employed in a factory shall be taken to be the largest number of persons employed therein at any one time, and any fraction of one hundred shall be reckoned as one hundred. (3) Nothing except appliances or requisites for first-aid shall be kept in a first-aid box or cupboard. (4) Each first-aid box or cupboard shall be under the charge of a responsible person who shall, in the case of a factory where more than fifty persons or such similar number as may be prescribed, are employed, be trained in first-aid treatment, and the person in charge shall always be readily available during working hours. (5) A notice shall be affixed in every workroom stating the name of the person in charge of and the location of the first-aid box or cupboard provided in respect of that room. (6) For the purposes of subsection (4), a person shall not be deemed to be trained in first-aid treatment unless he satisfies the prescribed conditions. (7) Where a contravention of subsection (4) is committed through a failure to comply with so much thereof as requires the person in charge of a first-aid box or cupboard to be trained in first-aid treatment, it shall be a defence in any proceedings for the contravention to prove that the accused made all reasonable efforts to secure compliance but was unable to do so.
(8) If an ambulance room or dispensary is provided at any factory and arrangements are made to ensure the immediate treatment there of all injuries occurring at the factory, the Commissioner may, by certificate, exempt the factory from the requirements of this section to such extent and subject to such conditions as he may specify in the certificate. (9) Every first-aid box or cupboard shall be plainly marked "FIRST-AID". 68. (1) Where it appears to the Minister that, owing to the conditions and circumstances of employment or the nature of the processes carried on, provision requires to be made in relation to any of the matters to which this section applies for securing the welfare of the persons employed or any class of them, he may make regulations requiring such reasonable steps to be taken in connection therewith as may be specified in such regulations, either in addition to, or in substitution for, or by way of extension or variation of, any of the foregoing provisions of this Part.Welfare regulations (2) This section applies to the matters dealt with in this Part; to arrangements for preparing or heating, and taking, meals; to the supply of protective clothing; to ambulance and first-aid arrangements; to the supply and use of seats in workrooms; to rest rooms; and to arrangements for the supervision of persons employed. (3) Regulations under this section may be made for a particular factory or for factories of any class or description and may impose duties on owners and employed persons as well as on occupiers. (4) The Minister may by regulations extend the matters to which this section applies so as to include other matters affecting the welfare of employed persons or any class of them. PART X HEALTH, SAFETY AND WELFARE: SPECIAL PROVISIONS AND REGULATIONS 69. (1) In every factory in which, in connection with any process carried on, there is given off any dust or fume or other impurity of such a character and to such extent as to be likely to be injurious or offensive to the persons employed, or any substantial quantity of dust of any kind, all practicable measures shall be taken to protect the persons employed against inhalation of the dust or fume or other impurity and to prevent its accumulating in any workroom, and in particular, where the nature of the process makes it practicable, exhaust appliances shall be provided and maintained, as near as possible to the point of origin of the dust or fume or other impurity, so as to prevent it entering the air of any workroom.Removal of and prevention of inhalation of dust or fumes (2) No stationary internal combustion engine shall be used in any room unless provision is made for conducting the exhaust gases from the engine into the open air. 70. Where in any room any poisonous or other injurious substance is so used as to give rise to any dust or fume, no person shall be permitted to partake of food or drink in that room.Meals in certain dangerous trades 71. (1) Where in any factory persons are subject to excessive exposure to any poisonous or other injurious or offensive substance or to any heat, cold or wet,
suitable protective clothing and appliances shall be provided and maintained for the use of such persons.Protective clothing, appliances and screening (2) Suitable goggles or effective screens shall be provided to protect the eyes of persons employed in the dry grinding of metals, in the welding or cutting of metals by means of an electrical, oxy-acetylene or similar process or in any other process likely to entail injury to the eyes. (3) Where in any factory electric arc welding is carried on, effective provision shall be made, by screening or otherwise, to prevent any person being exposed to the electric arc flash. 72. (1) A person shall not be employed to lift, carry or move any load so heavy as to be likely to cause injury to him.Lifting excessive weights (2) The Minister may make regulations prescribing the maximum weights which may be lifted, carried or moved by persons employed in factories; and any such regulations may relate either to persons generally or to any class of persons or to persons employed in any class or description of factory or in any process. 73. Where an inspector is of opinion that the employment of any young person in a factory or in any particular process or kind of work in a factory is prejudicial to the health of such young person or to the health of other persons, he may serve written notice on the occupier of the factory requiring that the employment of such young person in the factory or in the process or kind of work, as the case may be, be discontinued after such period as may be specified therein, not being less than one nor more than seven days after the serving of the notice, and if such occupier continues after the period specified in the notice to employ such young person he shall be guilty of an offence unless, after the service of the notice, such young person has been examined by a medical practitioner and certified by such practitioner to be fit for employment in the factory or in the process or kind of work, as the case may be.Power of inspector to require certificate of fitness for work 74. (1) Where the Minister is satisfied that any manufacture, plant, process or description of manual labour is of such a nature as to cause risk of bodily injury to the persons employed, or any class of those persons, he may, subject to the provisions of this Act, make such regulations as appear to him to be reasonably practicable and to meet the necessity of the case.Power to make regulations for safety and health (2) Regulations made under this section may, among other things- (a) prohibit the employment of, or modify or limit the hours of employment of, all persons or any class of persons in connection with any manufacture, plant, process or description of manual labour; (b) prohibit, limit or control the use of any material or process; or (c) modify or extend with respect to any class or description of factory any provisions of Part V, VI, VII, VIII or this Part, being provisions imposing requirements as to safety and health; and may impose duties on owners, employed persons and other persons, as well as on occupiers. (3) Regulations made under this section may apply to all factories or to any specified class or description of factory and may provide for the exemption of any special class or description of factory either absolutely or subject to
conditions. 75. (1) An inspector may, at any time after informing the occupier or, if the occupier is not readily available, a foreman or other responsible person in the factory, take for analysis sufficient samples of any material or substance used or intended to be used in a factory, being a material or substance in respect of which he suspects a contravention of any regulation made under section seventy-four, or which he thinks is likely or may prove on analysis to be likely to cause bodily injury to the persons employed.Power to take samples (2) The occupier or the foreman or other responsible person may, at the time when a sample is taken under this section, require the inspector to divide the sample into three parts, to mark and seal or fasten up each part in such manner as its nature permits, and- (a) to deliver one part to the occupier or the foreman or other responsible person; (b) to retain one part for future comparison; (c) to submit one part to the analyst; and any analysis under this section shall, if so required, be carried out by a Government department. (3) A certificate purporting to be a certificate by a Government chemist as to the result of an analysis of a sample under this section shall in any proceedings under this Act be admissible as evidence of the matters stated therein, but either party may require the person by whom the analysis was made to be called as a witness. (4) It shall not be lawful for any person, except in so far as is necessary for the purposes of a prosecution for an offence under this Act, to publish or disclose to any person the results of an analysis made under this section, and if any person acts in contravention of this subsection he shall be guilty of an offence. PART XI NOTIFICATION AND INVESTIGATION OF ACCIDENTS, DANGEROUS OCCURRENCES AND INDUSTRIAL DISEASES 76. (1) Where an accident in a factory-Notice of accidents (a) causes loss of life to a person employed in that factory; or (b) disables any such person for more than three days from earning full wages for the work for which he was employed; the occupier shall forthwith send written notice of the accident in the prescribed form to an inspector. (2) Where an accident causing disablement is notified under this section, and after notification thereof results in the death of the person disabled, the occupier of the factory shall as soon as the death comes to his knowledge send notice in writing of such death to an inspector.
(3) Where any accident to which this section applies occurs to a person employed and the occupier of the factory is not the actual employer of the person killed or injured, the actual employer shall, if he fails to report the accident to the occupier immediately, be guilty of an offence. 77. The provisions of section seventy-six requiring notice of an accident occurring in a factory to be given to an inspector shall extend and apply to the classes of occurrences specified in the First Schedule whether death or disablement is caused or not.Notification of dangerous occurrences 78. (1) Written notice of every case of any disease specified in the Second Schedule occurring in a factory shall forthwith be sent by the occupier to an inspector in the prescribed form; and the provisions of this Act with respect to the notification of accidents shall apply to any such case in like manner as to any such accident as is mentioned in those provisions.Industrial diseases (2) Every medical practitioner who attends any patient whom he believes to be suffering from any disease specified in the Second Schedule contracted as a result of his employment in a factory shall forthwith report the matter to an inspector, and shall be entitled in respect of every report sent in pursuance of this section to a fee of four fee units. (3) If, in contravention of the provisions of this section, any medical practitioner fails to send any report in accordance with the requirements thereof, he shall be guilty of an offence and liable on conviction to a fine not exceeding sixty penalty units. (As amended by Act No. 13 of 1994) 79. The Minister may by regulations- (a) apply the provisions of section seventy-six to any dangerous occurrence not specified in the First Schedule; (b) apply the provisions of section seventy-eight to any disease not specified in the Second Schedule.Regulations extending scope of sections 76 and 78 PART XII SPECIAL APPLICATIONS AND EXTENSIONS 80. The Minister may by regulations allocate to the owners instead of the occupiers of tenement factories the responsibility for the contravention of any provision of this Act which but for this section would lie with such occupiers.Tenement factories 81. (1) Where a part of a building is let off as a separate factory but is not part of a tenement factory-Parts of buildings let off as separate factories (a) the provisions of this Act specified in paragraphs (a) and (b) of subsection (2) shall apply to any part of the building used for the purposes of the factory but not comprised therein; (b) subject to subsections (4) and (5), the owner of the building shall be responsible for any contravention of the provisions specified in the said paragraph (a) as so applying; and
(c) subject to subsection (5), the owner of the building shall be responsible, instead of the occupier, for any contravention as respects the factory, of the provisions specified in paragraph (c) of subsection (2). (2) The said provisions are- (a) the provisions of Part V with respect to cleanliness and lighting, the provisions of Part VI with respect to prime movers, transmission machinery, the construction and maintenance of floors, passages and stairs, the keeping free from obstruction and slippery substances of floors, steps, stairs, passages and gangways, the provisions of Part VII with respect to hoists and lifts, chains, ropes and lifting tackle, cranes and other lifting machines and the provisions of Part VIII with respect to steam boilers, steam receivers and steam containers, and air receivers; (b) the provisions of Part XIV with respect to the power of a subordinate court of the first or second class to make orders as to dangerous conditions and practices or as to safety of factory premises; and (c) the provisions of Part V with respect to sanitary conveniences and the provisions of Part VII with respect to hoists and lifts. (3) For the purposes of the provisions applied by the foregoing provisions of this section, lifting machines attached to the outside of the building, and chains, ropes and lifting tackle used in connection with those machines, shall be treated as being in the building, but any lifting machine not used for the purposes of the factory, and any chains, ropes or lifting tackle not used in connection with a lifting machine so used, shall be disregarded. (4) For any contravention (whether as respects the factory or otherwise) of the provisions of Part VII or VIII with respect to chains, ropes and lifting tackle, cranes and other lifting machines, steam boilers, steam receivers and steam containers, and air receivers- (a) the occupier of the factory shall be responsible if it is a contravention with respect to any plant belonging to or supplied by him; and (b) the owner of the building shall be responsible in any other case; except that the owner shall not be responsible for a contravention of those provisions in so far as they relate to matters outside his control, and for any such contravention as respects the factory the occupier shall be responsible. (5) The owner shall be responsible by virtue of this section- (a) for the cleanliness of sanitary conveniences only when used in common by several tenants; and (b) for a contravention of the provisions relating to hoists and lifts only so far as those provisions relate to matters within his control. (6) Any reference in the provisions applied by the foregoing provisions of this section to the general register shall, in relation to matters in respect of which the owner of the building is responsible, be construed as a reference to a register to be kept by him, and subsection (3) of section ninety-eight shall apply in relation to that register as if the owner were the occupier of the
factory. 82. (1) Save as otherwise in this section provided, provisions of this Act specified in subsection (2) shall apply to building operations and works of engineering construction undertaken by way of trade or business, or for the purpose of any industrial or commercial undertaking, and to any line or siding which is used in connection therewith and for the purposes thereof and is not part of a railway or tramway.Building operations and works of engineering construction (2) The said provisions are- (a) Part I; (b) Part II; (c) sections twenty-three, twenty-four and twenty-five; (d) Part VIII; (e) sections sixty-eight, seventy-four, seventy-five and seventy-seven; (f) Part XIII; and (g) Part XIV. (3) No order made under the provisions of this Act with respect to the power of a court to make orders as to dangerous conditions and practices and no special regulations made under Part X shall operate so as to interfere with the design of any works of engineering construction or with the adoption in the execution of those works of any method not inconsistent with the safety of the works or of the persons employed, prescribed in the specification or in any signed plans issued, or written directions given by the consulting engineer or the engineer in charge. (4) The provisions of this Act in their application to building operations or to works of engineering construction shall have effect as if any place where such works are carried on were a factory and any person undertaking any such operations or works to which this Act applies were the occupier of a factory, and with such other adaptations and modifications as may be made by regulations made by the Minister. (5) The provisions of this Act requiring general registers to be kept and copies of the prescribed abstract of this Act and of regulations or the prescribed abstract of such regulations to be kept posted up on the premises shall be deemed to be complied with as respects building operations and works of engineering construction if the general register is kept at an office of the person undertaking the operations or works and copies of the abstract of this Act and of the regulations or abstract thereof are kept posted up at each office, yard or shop of the person undertaking the operations or works at which persons employed by him on the operations or works attend, and in a position where they can easily be read by such persons. (6) The application of this Act to any building operations or works of engineering construction by virtue of the foregoing shall not be excluded by reason of the fact that they are undertaken on premises to which the Act applies apart from those provisions; and nothing in this section shall be taken as
prejudicing the application of this Act to these premises apart from this section. 83. (1) The application of the provisions of this Act in relation to-Mines (a) premises forming part of a mine; (b) premises which, though not forming part of a mine, are occupied by the owner of a mine and used solely for the purpose of the provision or supply for or to a single mine or jointly for or to more than one mine, of services or electricity; and (c) machinery or apparatus situated partly in a mine and partly in a factory; shall be in accordance with the provisions of section one hundred and thirty-one of the Mines and Minerals Act.Cap. 213 (2) For the purposes of this section, "mine" shall have the meaning given to it in the Mines and Minerals Act. 84. The Minister may be statutory order, subject to such conditions as may be specified in the order, extend the application of all or any of the provisions of this Act to any of the following classes of premises, processes or operations, that is to say: (a) any premises (not being premises forming part of a factory) in which a hoist or lift is used; (b) any premises (not being premises forming part of a factory) in which a steam boiler is used; (c) warehouses not forming part of a factory; (d) docks, wharves and quays, including warehouses used in connection therewith; (e) any work carried out in a harbour or wet dock in constructing, reconstructing, repairing, refitting, painting, finishing or breaking up a ship or in scaling, scurfing or cleaning boilers (including combustion chambers and smoke boxes) in a ship, or in cleaning oil fuel tanks or bilges in a ship or any tank in a ship last used for oil of any description carried as cargo; (f) electricity substations.Power to extend application of provisions of Act PART XIII MISCELLANEOUS 85. There shall be kept posted in a prominent position in every factory- (a) such abstract of this Act as may be prescribed; (b) a notice of the address of the nearest inspector and labour officer; (c) printed copies of any regulations which are for the time being in force in the factory, or such abstract of such regulations as may be prescribed; and
(d) every other notice and document required by this Act to be posted in the factory.Posting of abstract of Act, regulations and notices 86. (1) The occupier of every factory shall cause to be kept a register in the prescribed form called the general register, and there shall be entered in or attached to that register-General register (a) the certificate of registration of the factory; (b) every other certificate issued in respect of the factory by the Commissioner under the provisions of this Act; (c) the prescribed particulars as to the washing, whitewashing or colourwashing, painting or varnishing, of the factory; (d) the prescribed particulars as to every accident, case of industrial disease or dangerous occurrence occurring in the factory of which notice is required to be sent to an inspector; (e) all reports and particulars required by any other provisions of this Act to be entered in or attached to the general register; and (f) such other matters as may be prescribed. (2) The occupier of a factory shall send to an inspector such extracts from the general register as the inspector may from time to time require for the purpose of the execution of his duties under this Act. 87. (1) The occupier of every factory shall, if so required by the Commissioner by notice in writing or in the Gazette, send to the Commissioner, at such intervals and on or before such days as may be specified in the notice, a correct return-Periodical return of persons employed (a) showing with respect to such day or days, or such period as may be specified in the notice, the number of persons employed in the factory; and (b) giving such particulars as to such other matters as may be specified in the notice. (2) The Commissioner may, for the purpose of facilitating the rendering of returns by occupiers under the provisions of this section, arrange for the consolidation of these returns with any other returns required from occupiers under the provisions of any other law for the time being in force. 88. The general register and every other register or record kept in pursuance of this Act shall be preserved and shall be kept available for inspection by any inspector for at least two years after the date of the last entry in the register or record.Preservation of registers and records 89. (1) No person employed in a factory shall wilfully interfere with or misuse any means, appliance, convenience or other thing provided in pursuance of this Act for securing the health, safety or welfare of the persons employed in such factory and, where any means or appliance for securing health or safety is provided for the use of any such person under this Act, he shall use that means or appliance.Duties of persons employed (2) No person employed in a factory shall wilfully and without reasonable cause
do anything likely to endanger himself or any other person. 90. Save as otherwise expressly provided in any written law, the occupier of a factory shall not, in respect of anything to be done or provided by him in pursuance of this Act, make any deduction from the sum contracted to be paid by him to any person employed, or receive or allow any person in his employment to receive any payment from any such person.Prohibition of deductions from wages PART XIV OFFENCES, PENALTIES AND LEGAL PROCEEDINGS 91. (1) In the event of any contravention in or in connection with or in relation to a factory of the provisions of this Act or of any order, regulation or lawful requirement made thereunder, the occupier, or (if the contravention is one in respect of which the owner is by or under this Act made responsible) the owner of the factory shall, subject to the following provisions of this Part, be guilty of an offence.Offences (2) In the event of a contravention by an employed person of the provisions of section eighty-nine, that person shall be guilty of an offence and the owner or occupier, as the case may be, shall not be guilty of an offence by reason only of the contravention of the provisions of the said section, unless it is proved that he failed to take all reasonable steps to prevent such contravention; but this subsection shall not be taken as affecting any liability of the occupier or owner in respect of the same matters by virtue of some provision other than the provisions aforesaid. (3) If the owner or the occupier of a factory avails himself of any special exception allowed by or under this Act and fails to comply with any of the conditions attached to the exception, he shall be deemed to have contravened the provisions of this Act. (4) If any persons are employed in a factory otherwise than in accordance with the provisions of this Act, there shall be deemed to be a separate contravention in respect of each person so employed. (5) Where an offence under this Act committed by a company, co-operative society or other body of persons is proved to have been committed with the consent or connivance of, or to have been facilitated by any neglect on the part of, any director, chairman, manager, secretary or other officer of the company, co-operative society or other body of persons, he, as well as the company, co-operative society or other body of persons, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. 92. (1) Subject to the following provisions of this Part, any person guilty of an offence under this Act for which no express penalty is provided shall be liable-General penalty (a) if he is an employed person, to a fine not exceeding three hundred penalty units; (b) in any other case, to a fine not exceeding one thousand five hundred penalty units; and if the contravention in respect of which he was convicted is continued after
the conviction, he shall (subject to the provisions of section ninety-nine) be guilty of a further offence and liable in respect thereof to a fine not exceeding three hundred penalty units for each day on which the contravention is so continued. (2) In relation to a contravention which was likely to cause the death of, or bodily injury to, any person, subsection (1) shall have effect as if for the references in paragraphs (a) and (b) to three hundred penalty units and one thousand five hundred penalty units there were respectively substituted references to one thousand two hundred penalty units and six thousand penalty units. (As amended by Act No. 13 of 1994) 93. (1) Where an act or default for which any person is liable under this Act is in fact the act or default of some other person, that other person shall be guilty of an offence and liable, subject to subsection (2), to the like fine as if he were the first-mentioned person.Penalty on person actually committing an offence for which other person is primarily liable (2) The fine that may be imposed under subsection (1) on an employed person where the offence is one for which no express penalty is provided by this Act shall be that specified in section ninety-two in relation to employed persons, notwithstanding that the person primarily liable is not an employed person. 94. (1) A person charged with an offence under the provisions of this Act shall be entitled, upon information duly laid by him and on giving to the prosecution not less than three days' notice in writing of his intention, to have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the first-mentioned person proves to the satisfaction of the court-Person primarily liable may exempt himself from liability on conviction of actual offender (a) that he had used all due diligence to enforce the execution of this Act and of any relevant order or regulation made thereunder; and (b) that the said other person had committed the offence in question without his consent, connivance or wilful default; that other person shall be convicted of such offence, and the first-mentioned person shall not be guilty of the offence, and the person so convicted shall, in the discretion of the court, be also liable to pay any costs incidental to the proceedings. (2) The prosecution shall have the right in any such case to cross-examine the first-mentioned person if he gives evidence and any witnesses called by him in support of his charge, and to call rebutting evidence. (3) When it is made to appear to the satisfaction of an inspector at the time of discovering an offence- (a) that the person who would be proceeded against apart from this subsection has used all due diligence to enforce the execution of this Act; (b) by what person the offence has been committed; and
(c) that such offence has been committed without the consent, connivance or wilful default of the first-mentioned person and in contravention of his orders; the inspector shall proceed against the person whom he believes to be the actual offender without first proceeding against the first-mentioned person. 95. Where, under this Act, any person is substituted for another with respect to any provisions of this Act, any order, summons, notice or proceeding which for the purpose of any of those provisions is by or under this Act required or authorised to be served on or taken in relation to that other person, is hereby required or authorised, as the case may be, to be served on or taken in relation to the first-mentioned person.Proceedings against persons not primarily liable 96. Where in a factory the owner or hirer of a machine or implement moved by mechanical power is some person other than the occupier of the factory, such owner or hirer shall, so far as respects any offence under this Act committed in relation to a person who is employed in or about or in connection with that machine or implement, and is in the employment or pay of such owner or hirer, be deemed to be the occupier of the factory.Owner of machine liable in certain cases instead of occupier 97. (1) In any proceedings under this Act it shall be sufficient to allege in the charge or information that the factory is a factory within the meaning of this Act and to state the name of the ostensible occupier of such factory, or, where the occupier is a firm, the title of such firm.Prosecution of offences (2) Where, with respect to or in consequence of any accident in a factory, a report is made by any authority appointed to hold a formal investigation under any written law, or a coroner's inquest is held and it appears from such report or from the proceedings at such inquest that any of the provisions of this Act, or any orders or regulations made thereunder, were contravened at or before the time of the accident, proceedings against any person liable to be proceeded against in respect of such contravention may be commenced at any time within three months after the making of such report or the conclusion of such inquest. (3) Where any offence is committed under this Act by reason of a failure to make an examination, enter a report, or do any other thing, at or within a time specified by this Act or any order or regulation made thereunder, the offence shall be deemed to continue until the examination is made, or the report entered, or other thing done, as the case may be. 98. (1) If a person is found in a factory at any time at which work is going on or the machinery is in motion, except during the intervals for meals or rest, he shall, until the contrary is proved, be deemed for the purposes of this Act to have been then employed in such factory:Special provisions as to evidence Provided that this subsection shall not apply to a factory in which the only persons employed are members of the same family dwelling there. (2) Where in any proceedings under this Act with respect to a young person it appears to the court that such young person is apparently of or below the age alleged by the prosecutor, it shall lie on the accused to prove that the young person is not of or below that age. (3) Where any entry is required by this Act or by any order or regulation made thereunder to be made in the general register or in any other register or record, the entry made by the occupier of a factory or on his behalf shall, as against him, be admissible as evidence of the facts therein stated, and the fact
that any entry so required with respect to the observance of any provision of this Act or of any order or regulation made thereunder has not been made, shall be admissible as evidence that the provision has not been observed. 99. Where the occupier or owner of a factory is convicted of an offence under this Act, the court may, in addition to or in lieu of a fine, order him, within such time as may be specified in the order, to take such steps as may be so specified for remedying the matters in respect of which the contravention occurred, and may, on application, enlarge the time so specified, and where such an order is made, the occupier or owner shall not be liable under this Act in respect of the continuation of the contravention during the time allowed by the court, but if, after the expiration of that time as originally specified or enlarged by subsequent order, the order is not complied with, the occupier or owner, as the case may be, shall be liable to a fine not exceeding three hundred penalty units for each day on which the non-compliance continues. (As amended by Act No. 13 of 1994)Power of court to order cause of contravention to be remedied 100. (1) Any document or order required or authorised to be served under this Act may be served-Service, etc., of documents (a) on any person by delivering it to him or by leaving it at, or sending it by registered post to, his residence or place of business; (b) on any firm by delivering it to any partner of the firm, or by leaving it at, or sending it by registered post to, the office of the firm; (c) on the owner or occupier of a factory in any such manner as aforesaid, or by delivering it, or a true copy thereof, to the manager, foreman or other responsible person at the factory. (2) Any document mentioned in subsection (1) may be addressed, for the purpose of the service thereof on the occupier of a factory, to "the occupier" at the proper postal address of the factory, without further name or description. (3) The foregoing provisions of this section shall apply with the necessary modifications to documents required or authorised under this Act to be sent to any person, firm, owner or occupier, and to the sending, addressing and delivery of such documents. 101. If, by reason of an agreement between the owner and the occupier of premises, the whole or any part of which has been let as a factory, the owner or occupier is prevented from carrying out any structural or other alterations in the premises which are necessary to enable him to comply with the provisions of this Act or or any order or regulations made thereunder, or in order to conform with any standard or requirement imposed by or under this Act, he may apply, in accordance with any rules of court which may be made by the High Court in that behalf, to the High Court, and that Court, after hearing the parties and any witnesses whom it may desire to call, may make such an order setting aside or modifying the terms of the agreement as the Court may consider just and equitable in the circumstances of the case.Power of High Court to modify agreements 102. Where, in any premises the whole or part of which has been let as a factory, any structural or other alterations are required in order to comply with the provisions of this Act or any order or regulation made thereunder, or
in order to conform with any standard or requirement imposed by or under this Act, and the owner or occupier alleges that the whole or part of the expenses of the alterations ought to be borne by the occupier or owner, as the case may be, such owner or occupier may apply, in accordance with any rules of court which may be made by the High Court in that behalf, to the High Court, and that Court, after hearing the parties and any witnesses whom it may desire to call, may make such an order concerning the expenses or their apportionment as the Court considers just and equitable in the circumstances of the case, regard being had to the terms of any contract between the parties, or in the alternative the Court may, at the request of the owner or occupier, determine the lease.Power of High Court to apportion expenses 103. (1) If in the opinion of the Chief Inspector of Factories any building, part of a building, machine, plant, matter, thing or practice in a factory is dangerous or defective so as to constitute a threat to health or safety of any person, the Chief Inspector of Factories-Powers of Chief Inspector of Factories in relation to dangerous or defective factory (a) shall send a written notice to the owner or occupier of the factory requiring such building, part of the building, machine, plant, matter, thing or practice to be vacated, repaired, removed, remedied or stopped, as the case may be, either forthwith or within such time as may be specified in such notice; (b) may order work in such factory to be suspended until the requirements of the notice given under paragraph (a) have been complied with to the satisfaction of the Chief Inspector of Factories. (2) Any owner or occupier of a factory who receives a notice or order given under subsection (1) shall comply therewith unless he intends to object thereto under subsection (3), in which case, he shall cease to use the building, part of the building, machine, plant, matter, thing or practice to which the notice or order relates and shall forthwith withdraw all persons from the danger or defect until the case has been determined by the Commissioner in accordance with subsection (3): Provided that the Chief Inspector of Factories may, if he is of the opinion that there is no immediate danger to any person, grant written permission for work in such factory to continue for such period and upon such conditions as he may specify in such permission. (3) Any owner or occupier of a factory who feels aggrieved by a notice or order given under subsection (1) may, immediately upon receipt of such notice or order, submit his objection thereto in writing to the Commissioner who shall thereupon determine the case and communicate his decision in writing. (4) Any owner or occupier of a factory who is aggrieved by a decision of the Commissioner given under subsection (3) may, not later than seven days from the date of the receipt of such decision, request the Commissioner in writing to refer the case to the Minister and the Commissioner shall refer the case to the Minister whose decision thereon shall be given in writing and be final. (5) Pending a decision by the Minister under subsection (4), the owner or occupier of the factory concerned shall not use the factory or any part, machine or plant thereof or any matter, thing or practice therein unless the prior written permission of the Commissioner has been granted. (6) Any owner or occupier of a factory who, save as is provided in this
section, fails to comply with any notice, order or decision given under this section shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding six thousand penalty units and, in the case of a continuing offence, to a further fine not exceeding one thousand five hundred penalty units for each day or part thereof during which such offence is continued. (As amended by Act No. 24 of 1975 and Act No. 13 of 1994) PART XV GENERAL 104. Any regulations made under the provisions of this Act may prescribe penalties for the contravention thereof not exceeding the penalties specified in section ninety-two.Penalties 105. The Minister may, by statutory instrument, make regulations- (a) prescribing anything which under any provision of this Act is to be or may be prescribed; and (b) prescribing the fees to be paid and the method of payment of such fees in respect of any examination or test carried out under the provisions of this Act by any inspector.Regulations FIRST SCHEDULE (Section 77) DANGEROUS OCCURRENCES The following occurrences, if accidental, are scheduled for the purposes of section 77: 1. Bursting of a revolving vessel, wheel, grindstone or grinding wheel moved by mechanical power. 2. Collapse or failure of a crane, derrick, winch, hoist, or other appliance used in raising or lowering persons, goods, material, plant or any part thereof, or the overturning of a crane. 3. Explosion or fire due to ignition of dust, gas or vapour. 4. Electrical short circuit or failure of electrical machinery, attended by explosion or fire, or any damage to an underground electrical system caused by excavation or otherwise. 5. Explosion or fire affecting any room in which persons are employed and causing suspension of ordinary work. 6. Explosion of a receiver or container used for the storage at a pressure greater than atmospheric pressure of any gas or gases (including air) or any liquid or solid resulting from the compression of gas. 7. Explosion from a steam boiler or steam receiver. SECOND SCHEDULE
(Section 78) INDUSTRIAL DISEASES 1. Lead poisoning 2. Phosphorus poisoning 3. Arsenical poisoning 4. Mercurial poisoning 5. Anthrax 6. Carbon bisulphide poisoning 7. Aniline poisoning 8. Chronic benzene poisoning 9. Manganese poisoning 10. Compressed air illness 11. Cyanide poisoning 12. Toxic jaundice: that is, jaundice due to tetrachlorethane or nitro- or amido-derivatives of benzene or other poisonous substance. 13. Epitheliomatous-ulceration: that is, ulceration due to tar, pitch, bitumen, mineral oil or paraffin, or any compound, product or residue of any of these substances. 14. Chrome ulceration: that is, ulceration due to chronic acid or bichromate of potassium, sodium or ammonium or any preparation of any of these substances occurring in a factory. 15. Toxic anaemia: that is, pathological manifestations due to- (a) radium or any other radio-active substances; or (b) X-rays. SUBSIDIARY LEGISLATION SECTION 17-THE FACTORIES (APPEALS TO THE BOARD) RULES Rules by the Chief JusticeStatutory Instruments 382 of 1968 1. These Rules may be cited as the Factories (Appeals to the Board) Rules.Title 2. On any appeal under section seventeen of the Act, the parties may adduce evidence.Evidence
3. The Board may in its discretion receive evidence on affidavit either in addition to or in substitution for oral evidence.Affidavit THE CONSTRUCTION (SAFETY AND HEALTH) REGULATIONS ARRANGEMENT OF REGULATIONS PART I PRELIMINARY Regulation 1. Title and application 2. Interpretation 3. Notice of commencement of construction work 4. Exemption PART II SCAFFOLDS AND MEANS OF ACCESS 5. Provision of scaffolds and means of access 6. Supervision of work and inspection of materials 7. Construction of scaffolds 8. Support and stability of scaffolds 9. Travelling scaffolds 10. Gear for suspension of scaffolds 11. Maintenance of scaffolds 12. Cantilever, jib, etc., scaffolds 13. Suspended scaffolds 14. Skips, buckets, boatswain's chairs, etc. 15. Trestle scaffolds 16. Ladder scaffolds 17. Inspection of scaffolds 18. Scaffolds used by workmen of more than one employer 19. Overloading of scaffolds PART III
WORKING PLATFORMS, WORKING PLACES, GANGWAYS ETC. 20. Working platforms 21. Boards and planks in working platforms, etc. 22. Guard-rails and toe-boards at working places 23. Construction of gangways and runs Regulation 24. Guard-rails, etc., for gangways, etc. 25. Platforms, etc., to be unobstructed 26. Ladders and step-ladders 27. Communication ladders 28. Openings left in roofs, walls, floors, etc. 29. Sloping roofs and fragile materials 30. Lighting of working places PART IV LIFTING MACHINERY 31. Construction and maintenance 32. Support, anchoring and stability 33. Travelling or slewing motion 34. Erection and dismantling 35. Drums and pulleys 36. Brakes and controls 37. Restriction on use of cranes 38. Marking of safe working load 39. Load not to exceed safe working load 40. Precautions when raising or lowering 41. Testing and thorough examination 42. Weekly inspections 43. Thorough examinations 44. Testing of anchorage or ballasting
45. Safe means of access 46. Operation and signalling PART V HOISTS 47. Safety of hoistways 48. Hoists used only for goods, plant or material 49. Safety devices 50. Hoists carrying persons 51. Winches 52. Safe working load of hoists PART VI LIFTING TACKLE AND PLANT Regulation 53. Construction, testing, examination, safe working load 54. Hooks 55. Slings 56. Secureness of loads 57. Carriage of persons 58. Records and exceptions PART VII EXCAVATIONS, SHAFTS AND TUNNELS 59. Inspection of excavations, etc. 60. Inspection and supervision of timbering 61. Excavations which reduce stability 62. Fencing of excavations 63. Safeguarding edges of excavations 64. Open face excavations 65. Means of entry and exit
66. Hard hats 67. Explosives PART VIII DEMOLITION 68. Avoidance of danger from electric cables, fire and water 69. Overloading of floors, etc. 70. Removal of steelwork 71. Shoring to prevent collapse 72. Supervision PART IX TRANSPORT 73. Rails and rail tracks 74. Maintenance of locomotives, etc. 75. Clearance Regulation 76. Gantries 77 Warning of movement 78. Riding on vehicles 79. Loading of vehicles 80. Mechanically propelled vehicles and trailers 81. Inclined tracks 82. Vehicles near edge of excavation, etc. PART X HEALTH 83. First-aid, ambulance and ambulance room 84. Drinking water 85. Shelters, accommodation for clothing, accommodation for meals 86. Sanitary conveniences 87. Inhalation of dust or fumes
88. Protection of eyes 89. Ventilation of confined spaces 90. Lead compounds and other poisonous substances PART XI MISCELLANEOUS 91. Projecting nails and loose material 92. Construction of temporary structures 93. Avoidance of danger from collapse of structure 94. Prevention of drowning 95. Safety nets, sheets and belts 96. Generation of steam, smoke and vapour 97. Protection from falling material 98. Returns 99. Guarding of machinery 100. Electricity 101. Duties of contractors and employers of workmen 102. Duties of persons employed 103. Notice of accidents Regulation 104. Mining operations and premises 105. Penalties FIRST SCHEDULE-Inspection of scaffolds SECOND SCHEDULE-Ambulance room equipment SECTIONS 68, 74 AND 82-THE CONSTRUCTION (SAFETY AND HEALTH) REGULATIONS Regulations by the Minister Statutory Instrument 420 of 1967 90 of 1974 PART I
PRELIMINARY 1. These Regulations may be cited as the Construction (Safety and Health) Regulations, and shall apply- (a) to building operations; (b) to works of engineering construction; as defined in section three of the Act, and undertaken by way of trade or business or for the purpose of any industrial or commercial undertaking, or by or on behalf of the Government or any local or other public authority.Title and application 2. In these Regulations, unless the context otherwise requires-Interpretation "construction work" means any building operation or work of engineering construction; "employer" means any person who, in connection with any construction work, employs or provides employment for or permits any other person in any manner whatsoever to assist in or about any construction work; "hoist" means a lifting machine, whether worked by mechanical power or not, with a platform, carriage, cage, skip, bucket or other receptacle, the direction of movement of which is restricted by a guide or guides; "ladder" does not include a step-ladder; "ladder scaffold" means a scaffold with a working platform which is supported directly or by means of a crutch or bracket on a rung or rungs of a ladder; "lifting machine" means a crab, winch, pulley block or gin wheel used for raising or lowering, and a hoist, crane, sheer legs, excavator, drag line, piling frame, aerial cableway, aerial ropeway or overhead runway; "lifting tackle" means chain slings, rope slings or similar gear, and rings, links, hooks, plate clamps, shackles, swivels or eye bolts; "scaffold" means any temporary structure on or from which persons perform work in connection with any construction work, and any temporary structure which enables persons to obtain access to or which enables materials to be taken to any place at which such work is performed, and includes any working platform, gangway, run, ladder or step-ladder (other than an independent ladder or step-ladder which does not form part of such a structure) together with any guard-rail, toe-board or other safeguards and all fixings, but does not include a lifting machine or a structure used merely to support such a machine or to support machinery or plant; "suspended scaffold" means a scaffold suspended by means of ropes or chains, and capable of being lowered or raised by such means, but does not include a boatswain's chair or similar appliance; "trestle scaffold" includes a scaffold in which the supports for the platform are step-ladders, tripods or similar movable contrivances; "working platform" includes a working stage;
"workman" means any person who is employed or permitted to assist in any manner whatsoever in or about any construction work; "work of engineering construction", as defined in section three of the Act, is hereby extended to include- the construction, structural alteration or repair (including repointing and repainting) or the demolition of all or any of the following: (a) any steel or reinforced concrete structure other than a building; (b) any airfield; (c) any lake defence works or river works; and (d) any other civil or constructional engineering works of a similar nature to any of the foregoing works. 3. (1) Any person undertaking any construction work which he has reasonable grounds for believing will not be completed within a period of less than six weeks shall, immediately upon the commencement thereof, give to the Commissioner written notice stating the name and address of such person, the place and nature of the construction work, and whether or not any mechanical power is to be used therein and, if so, its nature:Notice of commencement of construction work Provided that no such notice shall be required in the case of any construction work which is to be undertaken upon a site where other construction work, in respect of which such a notice has been given, is in progress. (2) Notwithstanding the provisions of sub-regulation (1), the Commissioner may, by statutory order, require the giving of notice in respect of any class of construction work as may be specified in such order, even though the work is to be completed within a period of less than six weeks. (3) Any notice given under the provisions of this regulation shall be given to the Commissioner through the inspector in the District in which the construction work concerned is to be carried out or, if no such inspector has been appointed, to the Commissioner direct. 4. If the Commissioner is satisfied that, in the case of any particular class or description of plant or of any special description or method of work, the application of any requirement of these Regulations is, in any class or description of circumstances, not necessary in the interests of safety or not reasonably practicable, he may by certificate in writing (which he may at his discretion revoke at any time) grant an exemption from that requirement, subject to such conditions as may be specified in the certificate.Exemption PART II SCAFFOLDS AND MEANS OF ACCESS 5. Suitable and sufficient scaffolds shall be provided and erected for all construction work which cannot safely be done on or from the ground, or from part of a permanent structure, or from a ladder, or from other available means of support, and sufficient safe means of access shall be provided, so far as is
reasonably practicable, to every place at which any person has at any time to work.Provision of scaffolds and means of access 6. (1) No scaffold shall be erected, or be substantially added to or altered or be dismantled, otherwise than under the immediate supervision of a competent person, and so far as possible by competent workmen possessing adequate experience of such work.Supervision of work and inspection of materials (2) All materials for use in any scaffold shall be inspected by a competent person on each occasion before being taken into use. 7. (1) Every scaffold and every part thereof shall be of good construction, of suitable and sound material, and of adequate strength for the purpose for which it is used.Construction of scaffolds (2) Sufficient material shall be provided for and shall be used in the construction of scaffolds. (3) Timber used for the construction of scaffolds shall be of suitable quality, be in good condition, have the bark completely stripped off, and not be painted or treated in any way so that defects cannot easily be seen. (4) Metal parts used for scaffolds shall be of suitable quality and be in good condition and free from corrosion or other patent defect likely to affect their strength materially. 8. (1) Every scaffold shall be securely supported or suspended and shall where necessary be sufficiently and properly strutted or braced to ensure stability.Support and stability of scaffolds (2) All structures and appliances used as supports for scaffolds shall be of sound construction, have a firm footing or be firmly supported, and shall where necessary be sufficiently and properly strutted or braced to ensure stability. (3) Standards and uprights of scaffolds shall be, where practicable, vertical or slightly inclined towards the building or structure and be sufficiently close to ensure stability. Displacement of the foot of any standard shall be prevented by sinking into the ground or by placing the standard on a suitable plank or base plate, or by other adequate arrangements to prevent slipping. (4) No part of a building or structure shall be used as support for part of a scaffold unless it is sufficiently strong and stable to afford safe support. (5) Putlogs shall be straight or approximately straight. Putlogs having one end supported by a wall shall have a flat supporting surface at that end. Distances between putlogs shall be fixed with due regard to the nature of the platform and the load it will bear. 9. Any travelling scaffold or scaffold which can be moved on wheels or skids shall, unless it is a suspended or slung scaffold, be- (a) constructed with due regard to stability and, if necessary for stability, adequately weighted at the base; (b) used only on a firm and even surface, not so sloping as to involve risk of instability of the scaffold or any load thereon;
(c) adequately secured to prevent movement when any person is working upon it; (d) moved only by the application of force at or near the base.Travelling scaffolds 10. (1) Chains, ropes and lifting gear used for the suspension of scaffolds shall be of sound material, adequate strength and suitable quality, and in good condition.Gear for suspension of scaffolds (2) No rope other than a wire rope shall be used for the suspension of a scaffold: Provided that this sub-regulation shall not apply in the case of a suspended scaffold which is raised or lowered otherwise than by means of winches, nor in the case of equipment used in lieu of a suspended scaffold in accordance with the provisions of regulation 14. (3) Chains, ropes and metal tubes used for the suspension of a scaffold, other than a suspended scaffold, shall be properly and securely fastened to safe anchorage points and to the scaffold ledgers or other main supporting members, and shall be so positioned as to ensure stability of the scaffold, and shall be approximately vertical and be kept taut. (4) Every scaffold suspended by means of ropes or chains shall be secured so as to prevent undue horizontal movement while it is used as a working platform. 11. All scaffolds shall be properly maintained and every part shall be kept so fixed, secured or placed in position as to prevent, so far as is practicable, accidental displacement.Maintenance of scaffolds 12. (1) No cantilever or jib scaffold shall be used unless it is adequately supported, fixed and anchored on the opposite side of the support, has outriggers of adequate length and cross-section, and is, where necessary, sufficiently strutted or braced to ensure rigidity and stability.Cantilever, jib, etc., scaffolds (2) No figure or bracket scaffold supported or held by dogs, spikes or similar fixings liable to pull out of the stonework or brickwork in which they are gripped or fixed shall be used. 13. No suspended scaffold shall be used unless it complies with the following requirements: (a) the platform shall be at least 500 millimetres wide and of adequate strength: (b) the outriggers or other means of support are properly constructed, of adequate length and strength and properly installed and secured: (c) the platform shall be provided with a suitable guardrail and toe-board or other efficient means to prevent the fall of persons or articles from the platform. (As amended by S.1.No. 90 of 1974)Suspended scaffolds 14. (1) A skip, bucket, basket, boatswain's chair or similar equipment shall
not be used in lieu of a suspended scaffold, except in special circumstances where the work to be performed therefrom is of such short duration as to make the use of a suspended scaffold unreasonable, or where the use of a suspended scaffold is not reasonably practicable, and such equipment shall only be so used under the supervision of a responsible person.Skips, buckets, boatswain's chairs, etc. (2) No equipment as is mentioned in sub-regulation (1) shall be used in lieu of a suspended scaffold unless- (a) the equipment, including all the suspension ropes or chains and their means of support, are of good construction, sound material, adequate strength and free from patent defect, and the ropes or chains are securely attached; and (b) suitable measures are taken to prevent spinning or tipping and to prevent any occupant from falling therefrom. (3) No skip, bucket or basket shall be used in lieu of a suspended scaffold unless it is- (a) at least 800 millimetres deep; and (b) either constructed wholly of suitable metal or carried by two strong bands of suitable metal which are properly fastened and continue round the sides and bottom. (As amended by S.1. No. 90 of 1974) 15. (1) No trestle scaffold shall be used-Trestle scaffolds (a) if constructed with more than three tiers; or (b) if it has a working platform more than 4,500 metres above the ground or floor or other surface upon which the scaffold is erected. (2) No trestle scaffold shall be erected on a scaffold platform unless- (a) the width of the platform is such as to leave sufficient clear space for the transport of materials; and (b) the trestles or uprights are firmly attached to the platform and adequately braced to prevent displacement. (3) No trestle scaffold shall be erected on a suspended scaffold. (As amended by S.1. No. 90 of 1974) 16. Ladder scaffolds shall be of adequate strength and used only for light work.Ladder scaffolds 17. Scaffolds in use, together with all fittings and connections, shall be inspected at least once a week by a competent person deputed by the employer, and a record in the form set out in the First Schedule shall be kept of all such inspections.Inspection of scaffolds 18. Where a scaffold or part thereof is to be used by or on behalf of an employer, other than the employer for whose workmen it was first erected, the
first-mentioned employer shall, before such use, and without prejudice to any other obligations imposed upon him, take express steps, either personally or by a competent agent, to satisfy himself that the scaffold or part thereof is stable, that the materials used in its construction are sound, and that the safeguards required by these Regulations are in position.Scaffolds used by workmen of more than one employer 19. Scaffolds shall not be overloaded and materials shall not be kept thereon unless needed within a reasonable time.Overloading of scaffolds PART III WORKING PLATFORMS, WORKING PLACES, GANGWAYS, ETC. 20. (1) Every working platform from which a person is liable to fall more than 2 metres shall be-Working platforms (a) closely boarded, planked or plated; (b) at least 500 millimetres wide if the platform is used as a footing only and not for the deposit of any material; (c) at least 1 metre wide if the platform is used for the deposit of material; (d) at least 1,250 metres wide if the platform is used for the support of any higher platform: Provided that- (i) the requirements of paragraphs (b) and (c) shall not apply in the case of a platform of a suspended scaffold, or in the case of a platform not less than 500 millimetres wide being the platform of a ladder scaffold or of a trestle scaffold where the work is of such a light nature and the material required for the work is such that a platform less than 1 metre wide can be used with safety, and the platform is not used for the support of any higher platform; (ii) the requirements of paragraphs (b) and (c) shall not apply in the case of a platform of a scaffold which has to be placed in a confined space, where these requirements are impracticable and the platform is as wide as practicable. (2) No working platform resting on bearers let into a wall at one end and without other support shall be used unless the bearers are of adequate strength, pass through the wall and are securely fastened on the other side. (3) Loose bricks, drainpipes, fuel drums or other unsuitable material shall not be used for the construction or support of scaffolds save that bricks or small blocks may, if they provide a firm support, be used to support a platform not more than two feet above the ground or floor. (As amended by S.I. No. 90 of 1974) 21. (1) All boards or planks forming part of a working platform, gangway or run shall be of such thickness and so supported as to prevent undue or unequal sagging and also so supported or secured as to prevent tipping or spreading.Boards and planks in working platforms, etc.
(2) Suitable measures such as the provision of adequate bevelled pieces shall be taken to reduce to a minimum the risk of tripping and to facilitate the movement of barrows where boards or planks which form part of a working platform, gangway or run overlap each other or are not of reasonably uniform thickness where they meet each other or, owing to warping or for some other reason, do not provide an even surface. 22. (1) Subject to the provision of sub-regulations (3), (4) and (5), every side of a working platform or working place, being a side thereof from which a person is liable to fall a distance of more than 2 metres, shall be provided with a suitable guard-rail or guard-rails of adequate strength, to a height of at least 1 metre above the platform or place and above any raised standing place on the platform or place, and with toe-boards up to a sufficient height, being in no case less than 205 millimetres, and so placed as to prevent so far as possible the fall of persons, materials and tools from such platform or place.Guard-rails and toe-boards at working places (2) The guard-rails and toe-boards used on a working platform or working place shall be placed on the inside of the uprights, and the space between any toe-board and the lowest guard-rail above it shall not exceed 700 millimetres. (3) It shall not be necessary to have a guard-rail up to 1 metre above the platform or place where this is impracticable on account of the nature or special circumstances of the work- (a) if there is a guard-rail up to a height of at least 700 millimetres; or (b) if, where a guard-rail up to a height of 700 millimetres is impracticable, secure handholds are provided for persons endangered by the absence of a guard-rail up to that height. (4) Guard-rails and toe-boards required by sub-regulations (1) and (2) may be removed or remain unerected for the time and to the extent necessary for the access of persons or the movement of materials. (5) The requirements of sub-regulations (1) and (2) shall not apply- (a) in respect of toe-boards, to the platform of a ladder scaffold or a trestle scaffold, or where and so far as the provision of a toe-board is impracticable on account of the nature or special circumstances of the work; (b) in respect of guard-rails, to the platform of a ladder scaffold if a secure handhold is provided for the full length of such platform, nor to the platform of a trestle scaffold when the platform is supported on folding trestles or step-ladders; (c) to a platform provided with suitable guard-rails which is on a sloping surface; (d) to a temporary platform which is used only by erectors of structural steelwork or ironwork for the purposes of bolting-up, rivetting or welding work of such short duration as to make the provision of a platform with guard-rails and toe-boards unreasonable, so long as- (i) the platform is at least 1 metre wide; and (ii) there is adequate handhold; and
(iii) the platform is not used for the deposit of tools or materials otherwise than in boxes or receptacles suitable to prevent the fall of the tools or materials from the platform. (As amended by S.I. No. 90 of 1974) 23. (1) Every gangway or run from any part of which a person is liable to fall a distance of more than 2 metres shall-Construction of gangways and runs (a) be closely boarded, planked or plated: Provided that this paragraph shall not apply to a gangway or run which is part of the fixed equipment of a structure and the boards, plates or planks of which are so secured as to prevent their moving and so placed that the space between adjacent boards, plates or planks does not exceed 25 millimetres, and there is no risk of persons below such gangway or run being struck by tools or other objects falling through such gangway or run; (b) be at least 500 millimetres wide. (2) No gangway, run or working platform shall be used for the passage of materials unless it affords a clear passage-way which is adequate in width for the passage of the materials without the removal of the guard-rails or toe-boards and in any case is not less than 700 millimetres wide. (3) No gangway or run shall be used the slope of which exceeds one vertical to three horizontal. (4) Where the slope of any gangway or run renders additional foothold necessary, and in every case where the slope exceeds one vertical to four horizontal, there shall be provided proper stepping laths which shall- (a) be placed at suitable intervals; and (b) be the full width of the gangway or run, except that they may be interrupted over a width of not more than 100 millimetres to facilitate the movement of barrows. (As amended by S.I. No. 90 of 1974) 24. All gangways, runs and stairs from which a person is liable to fall a distance of more than 2 metres shall be provided with- (a) suitable guard-rails of adequate strength to a height of at least 1 metre above the gangway, run or stair; (b) except in the case of stairs, toe-boards up to a sufficient height, being in no case less than 205 millimetres and so placed as to prevent so far as possible the fall of persons, materials and tools; the space between any such toe-board and the lowest guard-rail above it shall not exceed 700 millimetres:Guard-rails, etc., for gangways, etc. Provided that the provisions of this regulation shall not apply to a temporary gangway which is used only by erectors of structural steelwork or ironwork for the purposes of bolting-up, rivetting or welding work of such short duration as to make the provision of a gangway with guard-rails and toe-boards unreasonable.
(As amended by S.I. No. 90 of 1974) 25. (1) Every platform, gangway, run or stair shall be kept free from any unnecessary obstruction, or projections, material or rubbish and from any projecting nails.Platforms, etc., to be unobstructed (2) If any platform, gangway, run or stair becomes slippery, appropriate steps shall, as soon as is reasonably practicable, be taken to remedy the defect. 26. (1) Every ladder and step-ladder shall be of good construction, sound material and adequate strength for the purpose for which is it used.Ladders and step-ladders (2) Ladders or step-ladders shall have a level and firm footing and shall not stand on loose bricks or other loose packing. (3) Every ladder shall be properly placed and secured so that it cannot move from its position, and if it cannot be so secured it shall be secured as far as is practicable; if the ladder is supported but not securely fixed at the base a person shall, if practicable, be stationed at the base of the ladder to prevent slipping. (4) No ladder shall be used which has- (a) a missing or defective rung; or (b) any rung which depends for its support solely on nails, spikes or other similar fixing. (5) No wooden ladder shall be used unless it is constructed with- (a) uprights of adequate strength; (b) rungs made of straight grained wood free from defect and mortised or securely notched into the uprights; (c) reinforcing metal ties if the tenons are not secured by wedges. 27. (1) Where a ladder, other than a crawling ladder, is used as a means of communication or as a working place, the ladder shall rise, or an adequate handhold shall be provided, to a height of at least 1 metre above the place of landing or the highest rung to be reached by the feet of any person working on the ladder, as the case may be, or, if that is impracticable, to the greatest practicable height.Communication ladders (2) Every ladder or run of ladders rising a vertical distance of over 9 metres shall, if practicable, unless fitted with a safety cage or safety hoops, be provided with an intermediate landing place or places so that the vertical distance between two successive landing places shall not exceed 9 metres. (As amended by S.I. No. 90 of 1974) 28. Every accessible opening left in a roof, wall or floor of a building or structure, or in a working platform, gangway or run, through which any person is liable to fall a distance of more than 2 metres, shall be provided with suitable guard-rails and toe-boards or coverings to prevent the fall of persons or
materials or articles through the opening, except where and when access is required for workmen or for the movement of materials, or for the completion of the building or permanent filling in of the opening. (As amended by S.I. No. 90 of 1974)Openings left in roofs, walls, floors, etc. 29. (1) Where any person is employed in connection with any construction work to which these Regulations apply, on a sloping roof without adequate footholds or handholds and having a pitch of more than 10 degrees, suitable and sufficient crawling ladders or duck-boards shall be provided and used, and such ladders or duck-boards shall be secured to prevent their slipping,Sloping roofs and fragile materials (2) Where all the work cannot be done from secured crawling ladders or duck-boards and where the sloping roof has a pitch of more than 30 degrees or the covering of the roof has a slippery surface, and where a person is liable to fall a vertical distance of more than 2 metres from the edges or the eaves, a parapet or barrier shall be provided at the lower edges or eaves of the roof, so as to prevent any person falling off the roof. (3) Without prejudice to the foregoing provisions, no person shall pass across, or work on or from material which is liable to fracture and is so situated that he would be liable to fall a distance of more than 2 metres, unless suitable and sufficient ladders, crawling ladders or duck-boards are provided, secured, and used. (4) Prominent warning notices shall, except where the material is glass, be affixed at the approaches to fragile material. (As amended by S.I. No. 90 of 1974) 30. Every working place and approach thereto connected with any construction work shall be adequately lighted.Lighting of working places PART IV LIFTING MACHINERY 31. (1) Every lifting machine and every part thereof including all working gear and all other plant or equipment used for anchoring or fixing such machinery shall be of good mechanical construction, sound material, adequate strength and free from patent defect, and shall be properly maintained.Construction and maintenance (2) No crane which has any timber structural member shall be used. (3) Every part of the framework of every crab or winch, including the bearers, shall be of metal. (4) Every platform for the person or persons driving or operating a crane, or for any signaller, shall be- (a) of sufficient area for the persons employed thereon; (b) close planked or plated; (c) provided with safe means of access;
(d) provided with guard-rails and toe-boards where necessary to prevent danger. (5) Every travelling jib crane on rails shall be provided with guards to remove any loose material from the track. (6) The rail track on which a travelling crane moves shall be of sound construction, properly laid, maintained in good condition, as level as far as practicable, and provided with effective stops at the ends. (7) Every travelling crane shall be fitted with effective brakes. (8) Every travelling crane shall be fitted with an effective whistle or other warning device. 32. (1) Every lifting machine shall be adequately and securely supported.Support, anchoring and stability (2) The anchoring or fixing arrangements of every lifting machine shall be adequate and secure. (3) Every temporary attachment or connection of a rope, chain or other plant or equipment used in the erection or dismantling of any lifting machine shall be adequate and secure. (4) No mobile lifting machine shall be used on a soft or uneven surface or on a slope in circumstances in which the stability of the machine is likely to be affected, unless adequate precautions are taken to ensure its stability. (5) No fixed crane shall be used unless it is securely anchored or adequately weighted by suitable ballast properly placed on the crane structure so as to ensure stability. (6) Where the stability of a crane is secured by means of removable weights, a diagram or notice indicating the position and amount of such weights shall be affixed on the crane where it can readily be seen. 33. On every stage, gantry or other place where a lifting machine having a travelling or slewing motion is used, an unobstructed passageway not less than 610 millimetres wide shall be maintained between any part of the machine liable so to move and any guard-rails, fencing or nearby fixtures:Travelling or slewing motion Provided that if at any time it is impracticable to maintain such a passage-way at any place or point, all reasonable steps shall be taken to prevent the access of any person to such place or point at any time. (As amended by S.I. No. 90 of 1974) 34. (1) A crane shall not be erected or dismantled except under the supervision of a competent person.Erection and dismantling (2) The jib of a scotch derrick crane shall not be erected between the back stays of the crane. (3) Effective measures shall be taken to prevent the foot of the king post of
any scotch derrick crane from being lifted out of its socket or support whilst in use. 35. (1) Every drum or pulley round which the chain or wire rope of any lifting machine is carried shall be of suitable diameter and construction for the chain or rope used.Drums and pulleys (2) Every chain or rope which terminates at the winding drum of a lifting machine shall be properly secured thereto, and at least two turns of such chain or rope shall remain on the drum in every operating position of the machine. 36. (1) Every crane, crab and winch shall be provided with an efficient brake or brakes or other safety device which will prevent the fall of the load when suspended and by which the load can be effectively controlled whilst being lowered.Brakes and controls (2) On every lifting machine, every lever, handle or wheel provided for controlling the operation of any part of the machine shall, where practicable, be provided with a suitable locking device to prevent accidental movement or displacement of the lever, handle or wheel, unless it is so placed or constructed as to prevent such accidental movement or displacement, or unless the machine is so constructed that such accidental movement or displacement will not affect the machine in a manner liable to cause danger. (3) Every lever, handle, wheel, switch or other device provided for controlling the operation of any part of a lifting machine shall have upon or adjacent to it clear markings to indicate its purpose and mode of operation: Provided that this sub-regulation shall not apply to rotating handles for raising or lowering the load in the case of a winch or non-derricking jib crane not operated by mechanical power. (4) The rotating handle of any hand operated crane shall be removed when lowering the load on the brake. (5) Every machine used for raising and suspending a pile driving hammer which operates by gravity shall be provided with adequate means of control, including efficient brakes and there shall be suitable scotches or stops for every such hammer. (6) On every crane having a derricking jib operated through a clutch, there shall be provided and properly maintained an effective interlocking arrangement between the derricking clutch and the pawl sustaining the derricking drum, which shall ensure that the clutch cannot be disengaged unless the pawl is in effective engagement with the derricking drum, and the pawl cannot be disengaged unless the clutch is in effective engagement with the derricking drum: Provided that this sub-regulation shall not apply to any crane in which- (i) the hoisting drum and the derricking drum are independently driven; or (ii) the mechanism driving the derricking drum is self-locking. 37. (1) Without prejudice to sub-regulation (2), the hoisting mechanism of a crane shall not be used for any purpose other than raising or lowering a load vertically, unless no undue stress is imposed on any part of the crane structure or mechanism, and the stability of the crane is not thereby endangered and
unless such use is supervised by a competent person.Restriction on use of cranes (2) A crane with a derricking jib shall not be used with the jib at a radius exceeding the maximum radius at which the jib may be worked and which is required to be plainly marked upon the crane by regulation 38. 38. (1) The safe working load or safe working loads and a means of identification shall be plainly marked upon every crane, crab or winch and upon every pulley block, gin wheel, sheer legs or derrick pole or mast used in the raising or lowering of any load.Marking of safe working load (2) Every crane with a derricking jib shall have plainly marked upon it the safe working loads at various radii of the jib, and the maximum radius at which the jib may be worked, and be fitted with an accurate indicator clearly visible to the driver, showing the radius of the jib at any time and the safe working load corresponding to that radius. 39. A crane, crab, winch, pulley block, gin wheel, sheer legs, derrick pole, mast or any part of such machine shall not be loaded beyond the safe working load, provided that for the purpose of making tests of any such machine the safe working load may be exceeded by such amount as a competent person appointed to carry out the tests may authorise.Load not to exceed safe working load 40. (1) Where there is lifted on a crane, crab, winch (other than a piling winch), sheer legs or aerial cableway, a load which is equal to or slightly less than the relevant safe working load and which is not already sustained wholly by the machine, the lifting shall be halted after the load has been raised a short distance and before the operation is proceeded with.Precautions when raising or lowering (2) Where more than one lifting machine is required to raise or lower one load- (a) the plant or equipment used shall be so arranged and fixed that no such lifting machine shall at any time be loaded beyond its safe working load or be rendered unstable in the raising or lowering of the load; and (b) a competent person shall be specially appointed to supervise the operation. 41. No crane, crab, winch, hoist, pulley block, gin wheel or sheer legs shall be used for the first time unless it has been tested and thoroughly examined by a competent person or certified by the manufacturer of the machine. A certificate of the test and examination specifying the safe working load or loads shall be kept available for inspection.Testing and thorough examination 42. Every lifting machine and all plant or gear used for anchoring or fixing such machine shall, as far as the construction permits, be inspected for patent defects by a competent person at least once in every week.Weekly inspections 43. No lifting machine shall be used unless it has been thoroughly examined by a competent person within the previous fourteen months, or, in the case of a hoist, within the previous six months, and following any substantial alteration or repair.Thorough examinations 44. (1) The whole of the appliances for the anchorage or ballasting of a crane shall be examined by a competent person on each occasion before the crane is erected.Testing of anchorage or ballasting
(2) After each erection of a crane on a construction site and after each removal of a crane about or to such a site, or any adjustment to any member of a crane, being a removal or adjustment which involves changes in the arrangements for anchoring or ballasting the crane, the security of the anchorage or the adequacy of the ballasting, as the case may be, shall, before the crane is taken into use, be tested by a competent person, by the imposition either- (a) of a load of twenty-five per centum above the maximum load to be lifted by the crane as erected at the positions where there is the maximum pull on each anchorage; or (b) of a less load arrangement to provide an equivalent test of the anchorage or ballasting arrangements. 45. Where any person engaged on the examination, repair or lubrication of any lifting machine is liable to fall a distance of more than 2 metres there shall, so far as is reasonably practicable, be provided and maintained safe means of access to the place at which the person has to work, with, where necessary, adequate footholds and handholds. (As amended by S.I. No. 90 of 1974)Safe means of access 46. (1) A lifting machine shall not be operated except by a person trained and competent to operate that machine, except that it shall be permissible for such machine to be operated by a person who is under the direct supervision of a qualified person for the purpose of training.Operation and signalling (2) Where the person operating a lifting machine (other than a hoist subject to Part V) has not a clear and unrestricted view of the load, or, where there is no load, of the point of attachment for a load, and of its vicinity, throughout the operation, except at any place where such a view is not necessary for safe working, there shall be- (a) appointed and suitably stationed one or more competent persons as may be necessary to give the necessary signals to the operator; or (b) effective apparatus or devices provided and used to give sound, light or colour signals to the operator. (3) Every signal for the movement or stopping of a lifting machine or its load, as required by subsection (2), shall be of a distinctive character and such that the person to whom it is given is able to see or hear it easily. (4) Devices or apparatus used for giving sound, light or colour signals shall be efficient and properly maintained and signal wires shall be adequately protected from accidental interference. PART V HOISTS 47. Accessible parts of the hoistway of every hoist shall be efficiently protected to prevent any person falling down the hoistway or coming into contact with any moving part of the hoist or falling from a hoist platform at rest at a landing or loading place.Safety of hoistways
48. (1) The installation arrangements of every hoist shall at any one time be such that it can be operated from only one position.Hoists used only for goods, plant or material (2) If the person operating a hoist has not a clear and unrestricted view of the platform, carriage, cage, skip, bucket or other receptacle throughout its travel, except at points where such view is not necessary for safe working, then effective arrangements shall be made for signals for operating the hoist to be given to him from each landing place at which the hoist is used and to enable him to stop the platform, carriage, cage, skip, bucket or other receptacle at the appropriate level. (3) No person shall ride upon the platform or in the receptacle of a hoist intended only for the carriage of goods, materials, plant or equipment, and there shall be a readily legible notice on the platform or receptacle or at each landing place at which the hoist is used stating that the carriage of persons is prohibited. 49. (1) In connection with every hoist there shall be provided and maintained efficient devices which will support the platform, carriage, cage, skip, bucket or other receptacle together with its safe working load in the event of failure of the hoist rope or ropes or any part of the hoisting gear.Safety devices (2) In connection with every hoist there shall be provided and maintained efficient automatic devices which will ensure that the platform, carriage, cage, skip, bucket or other receptacle does not overrun the highest point to which it is for the time being constructed to travel. 50. (1) Every hoist used for carrying persons shall be provided with a cage which is so constructed as to prevent any person carried from falling out, or from being trapped between any part of the cage and any fixed structure or any moving part of the hoist, or from being struck by articles or material falling down the hoistway.Hoists carrying persons (2) Every cage of a hoist used for carrying persons shall be suspended by means of at least two ropes, each rope and its attachments being such as to carry with safety the whole weight of the cage and its safe working load. (3) In connection with every hoist used for carrying persons, there shall be provided suitable efficient automatic devices which will ensure that the cage comes to rest at a point above the lowest point to which the cage can travel. (4) Every hoist in which any person is being carried shall be operated from the cage of the hoist only. 51. Where a hoist is operated by means of a winch, the winch shall be so constructed that the brake is applied when the control lever, handle or switch is not held in the operating position, and the winch shall not be a winch fitted with a pawl and ratchet gear on which the pawl has to be disengaged before the platform, carriage, cage, skip, bucket or other receptacle can be lowered.Winches 52. The safe working load shall be plainly marked on every hoist platform, carriage, cage, skip, bucket or other receptacle. In the case of a hoist used for carrying persons, the maximum number of persons to be carried at any one time shall also be so marked, and a greater number of persons shall not be so carried.Safe working load of hoists
PART VI LIFTING TACKLE AND PLANT 53. (1) The following provisions shall be complied with as respects every chain, rope or lifting tackle used in raising or lowering or as means of suspension:Construction, testing, examination, safe working load (a) no chain, rope or lifting tackle shall be used unless it is of good construction, sound material, adequate strength, suitable quality and free from patent defect; (b) a table showing the safe working loads of every kind and size of chain, rope or lifting tackle in use and, in the case of a multiple sling, the safe working loads at different angles of the legs shall be posted in the store in which the chains, ropes or lifting tackle are kept and in prominent positions on the site of the construction work, or, alternatively, in relation to any lifting tackle, the safe working load thereof, or, in the case of a multiple sling, the safe working load at different angles of the legs, shall be plainly marked upon it; (c) no chain, rope or lifting tackle shall be used for any load exceeding the safe working load, except for the purpose of making tests; (d) the safe working load of any chain, rope or lifting tackle shall be that determined by a competent person or by the makers thereof in so far as such information from the makers is available; (e) all chains, ropes and lifting tackle in use shall be thoroughly examined by a competent person at least once in every period of six months. 54. Every hook used for raising or lowering or as means of suspension shall be of such design as to reduce as for as possible the risk of displacement of the sling or load from the hook.Hooks 55. (1) Every chain sling or rope sling used for raising or lowering on a lifting machine shall be securely attached to the machine, and the method of attachment shall not be a method likely to result in any damage to any part of the sling or to any lifting tackle supporting it.Slings (2) No double or multiple sling shall be used for raising or lowering if- (a) the upper ends of the sling legs are not connected by means of a shackle, ring or link of adequate strength: or (b) the safe working load of any sling leg is exceeded as a result of the angle between the sling legs. (3) Adequate precautions shall be taken by the use of suitable packing or otherwise to prevent the edges of the load from coming into contact with any sling, rope or chain, so as to cause danger. 56. (1) Every part of the load shall be securely suspended or supported whilst being raised or lowered and shall be adequately secured to prevent danger from slipping or displacement.Secureness of loads
(2) Where by reason of the nature or position of the operation a load is liable, whilst being moved on a lifting machine or lifting tackle, to come into contact with any object so that the object may become displaced, special measures shall be adopted to prevent the danger so far as is reasonably practicable. (3) Every container or receptacle used for raising or lowering stone, bricks, tiles, slates or similar objects shall be so enclosed, constructed or designed as to prevent the accidental fall of such objects: Provided that this requirement shall not apply to a grab, shovel or similar excavating receptacle if effective steps are taken to prevent any person being endangered by a fall of objects therefrom. (4) Goods or loose material shall not be placed directly on a platform of a hoist unless such platform is enclosed or other effective precautions are taken where necessary to prevent the fall of any such goods or material. (5) No truck or wheelbarrow shall be carried on a hoist platform unless it is effectively scotched or secured on the platform. (6) No loaded truck or wheelbarrow shall be carried on the open platform of a hoist unless the truck or wheelbarrow is so loaded that no part of the load is liable to fall off. (7) No load shall be left suspended from a lifting machine unless a competent person is actually in charge of the machine. (8) No person shall be raised, lowered or carried by a crane except on the driver's platform. 57. (1) No person shall be raised, lowered or carried by a power-driven lifting machine except-Carriage of persons (a) on the driver's platform in the case of a crane; or (b) on a hoist; or (c) on a suspended scaffold of a type approved by an inspector; or (d) as permitted by sub-regulation (2). (2) A person may be raised, lowered or carried by a power-driven lifting machine otherwise than in accordance with the provisions of sub-regulation (1) only- (a) in circumstances where the use of a hoist or of an approved suspended scaffold is not reasonably practicable and the requirements of sub-regulation (3) are complied with; or (b) on an aerial cableway or aerial ropeway provided that the requirements of paragraphs (b) to (d) of sub-regulation (3) are complied with. (3) The requirements referred to in sub-regulation (2) are- (a) that the machine can be operated from one position only;
(b) that any winch used in connection with the machine shall comply with regulation 51. (c) that no person shall be carried except- (i) in a suitable chair or cage; or (ii) in a suitable skip or other receptacle at least 1 metre deep; and any such chair, cage, skip or other receptacle shall be of good construction, sound material, adequate strength and properly maintained, and shall be provided with suitable means to prevent any occupant falling out and shall not contain material or tools liable to interfere with his handhold or foothold or otherwise endanger him; and (d) that suitable measures shall be taken to prevent the chair, cage, skip or other receptacle from spinning or tipping in a manner dangerous to any occupant. (As amended by S.I. No. 90 of 1974) 58. (1) A report of the result of any test, examination or inspection required by regulations 41, 42, 43, 44 and 53 shall, as soon as practicable after the completion of such test, examination or inspection, be supplied by the competent person to the person undertaking the construction work.Records and exceptions (2) The Commissioner may from time to time specify the particulars which shall be entered in any register to be kept under the provisions of this regulation by the person undertaking construction work. (3) A register kept under the provisions of this regulation shall be kept either at the site of the construction work to which it applies or, where this is not practicable, at the office of the person undertaking such construction work. (4) All reports, certificates and other documents kept in the register and required by these Regulations shall at all reasonable times be open to inspection by an inspector. The person keeping any such report, certificate or other document shall send to any inspector such extracts therefrom or copies thereof as the inspector may from time to time require for the purpose of the execution of his duties under the Act. (5) If it is shown to the satisfaction of the Commissioner that it is unnecessary or unreasonable in the special circumstances of a case or class of lifting machine, hoist, lifting tackle or plant subject to Parts IV, V and VI to enforce any of the requirements, he may by certificate grant exemption from compliance with such requirements. PART VII EXCAVATIONS, SHAFTS AND TUNNELS 59. (1) Every part of any excavation, shaft, earthwork and tunnel where persons are employed shall be inspected by a competent person at least once every day during which persons are employed and at the beginning of every shift. The competent person shall keep a record of such inspections which shall be kept available at the site for any examination by an inspector.Inspection of excavations, etc.
(2) An adequate supply of timber of suitable quality or other suitable material shall where necessary be provided and used to prevent, so far as is reasonably practicable and as early as is reasonably practicable in the course of the work, danger to any person employed from a fall or dislodgement of earth, rock or other material forming the side or roof of or adjacent to any excavation, shaft, earthwork or tunnel:Timbering Provided that- (i) this regulation shall not apply where the competent person has certified that the work can be carried out in safety, having regard to the nature and slope of the side of the excavation or earthwork and other circumstances, and that no fall or dislodgement of earth or other material so as to bury or trap a person employed, or so as to strike a person employed, is liable to occur; (ii) this regulation shall not apply in relation to a person actually engaged in timbering or other work which is being carried out for the purpose of compliance with this regulation, if appropriate precautions are taken to ensure his safety as far as circumstances permit. 60. (1) No timbering or plant used to retain or support any part of an excavation, shaft, earthwork or tunnel shall be erected or be substantially added to, altered or dismantled except under the direction of a competent person.Inspection and supervision of timbering (2) No person shall be employed in any part of any excavation, shaft, earthwork or tunnel after any unexpected substantial fall of earth or rock or other material in the vicinity of such part until the sides and, where necessary, the roof, have been inspected by a competent person and such person has certified that the operations may be carried out in safety. (3) This regulation shall not apply to persons carrying out inspections required by this regulation or actually engaged in timbering or other work for the purpose of making a place safe, if appropriate precautions are taken to ensure their safety as far as circumstances permit. 61. No excavation, shaft, earthwork or tunnel which is likely to reduce, so as to endanger any person employed, the security or stability of any part of any structure, whether temporary or permanent, shall be commenced or continued unless adequate steps are taken before and during the progress of the work to prevent danger to any person employed from the collapse of the structure or the fall of any part thereof.Excavations which reduce stability 62. Every accessible part of an excavation, shaft, pit or opening in the ground into or down the side of which a person employed is liable to fall a vertical distance of more than 2 metres shall be provided with a suitable barrier to a height of at least 610 millimetres and as close as is reasonably practicable to the edge, or shall be securely covered:Fencing of excavations Provided that the foregoing requirement shall not apply to any part of an excavation, shaft, pit or opening while (and to the extent to which) the absence of such barrier and covering is necessary for the access of persons or for the movement of plant or materials or while (and to the extent to which) it has not yet been practicable to erect such barrier or covering since the formation of that part of the excavation, shaft, pit or opening.
63. (1) Materials shall be cleared to a distance of at least 1,550 metres from the edges of an excavation, shaft, pit or opening in the ground so as not to endanger persons employed below.Safeguarding edges of excavations (2) No load shall be placed or moved near the edge of any excavation, pit or shaft where it is likely to cause a collapse of the side of the excavation, pit or shaft and thereby endanger any person. (As amended by S.I. No. 90 of 1974) 64. In the open face working of any excavation no undercutting shall be allowed and no vertical face shall, so far as is reasonably practicable have a height of more than 1,550 metres but such open face shall be worked in terraces or at an angle of safety. All debris and other loose matter or stones on the surface shall be cleared to a distance of at least 1,550 metres from the edge of the working. (As amended by S.I. No. 90 of 1974)Open face excavations 65. Every excavation, shaft or tunnel shall have safe and reliable means of entry and exit for persons employed and, as far as is reasonably practicable, the means of entry and exit shall be provided at intervals not exceeding 15 metres. (As amended by S.I. No. 90 of 1974)Means of entry and exit 66. All persons working in shafts, tunnels and in other construction work, where there is a similar risk of head injuries, shall be provided with suitable protective hard hats, which shall be worn by the persons concerned.Hard hats 67. (1) Explosives at construction sites shall not be handled or used except by or under the immediate control of a competent person with adequate knowledge of the dangers connected with their use, and steps shall be taken to see that, when a charge is fired, persons employed are in positions in which, so far as can be anticipated, they are not exposed to risk of injury from the explosion or from flying material.Explosives (2) In addition to the above requirement, the use of explosives in construction work will be subject to any regulations controlling the use of explosives which are enforced by the Chief Inspector of Mines. PART VIII DEMOLITION 68. Before demolition is commenced and also during the progress of the work- (a) no electric cable or apparatus which is liable to be a source of danger, other than a cable or apparatus used for the operation, shall remain electrically charged;Avoidance of danger from electric cables, fire and water (b) all practicable steps shall be taken to prevent danger to persons employed- (i) from risk of fire or explosion through leakage or accumulation of gas or vapour; and
(ii) from risk of flooding from water mains, sewers or culverts. 69. No floor, roof or other part of a building shall be so overloaded with debris or materials as to render it unsafe.Overloading of floors, etc. 70. Before any steelwork or ironwork is cut or released, precautions shall be taken, so far as is practicable, to avoid danger from any sudden twist, spring or collapse.Removal of steelwork 71. Before demolition is commenced, and also during the progress of the work, precautions shall, where necessary, be taken by adequate shoring or otherwise to prevent, as far as practicable, the accidental collapse of any part of the building or any adjoining building, the collapse of which may endanger any person employed.Shoring to prevent collapse 72. All demolition and operations incidental thereto shall be specifically placed under the supervision of a competent person experienced in demolition operations.Supervision PART IX TRANSPORT 73. (1) All rails forming a rail track and every gantry or elevated structure carrying rails on which trucks, wagons or any other conveyances are moved by a locomotive or other form of mechanical haulage, shall be properly constructed, adequately supported and maintained so as to ensure the stability of any locomotive, truck, or wagon, etc., on the track.Rails and rail tracks (2) Every rail track shall be provided at each end with adequate stop blocks, buffers and, where practicable, automatic braking devices. 74. Every locomotive, wagon and truck used for transport purposes shall be properly maintained.Maintenance of locomotives, etc. 75. On every level on which mechanical haulage is employed, adequate clearance shall be maintained between the sides of the level and the trucks unless suitable recesses are provided at intervals of not more than 30 metres. All reasonable steps shall be taken to avoid or obviate low clearance and overhead obstructions. (As amended by S.I. No. 90 of 1974)Clearance 76. Every gantry or elevated structure carrying rails on which a locomotive, truck or wagon moves shall be properly constructed and maintained and, at every part along which persons employed have to pass on foot, shall be provided with a suitable and adequate footway.Gantries 77. Every locomotive or other type of mechanical haulage shall be fitted with an effective whistle or other warning device. It shall be the duty of the person in charge of any locomotive, truck, or train of trucks to ensure that such locomotive or truck or the leading unit of a train of trucks has an adequate light affixed to the front of it when in motion in the dark.Warning of movement 78. No person shall be required or permitted to ride on a buffer or on a running board or in any other insecure position on any locomotive, truck, wagon or other vehicle, except where adequate handholds and footholds are
provided.Riding on vehicles 79. No person shall be required or permitted to remain on any truck, wagon or other vehicle during the loading or unloading of loose materials by means of a grab, excavator or similar appliance, if he is endangered by so remaining.Loading of vehicles 80. A mechanically propelled vehicle or a mechanically drawn trailer-vehicle if owned or used by, or hired by and operated under the control of, a contractor or employer of workmen at any construction site to which these Regulations apply and used for conveying workmen, goods or materials for the purpose of such operations shall, when being moved at a site where such construction work is carried on (whether or not workmen, goods or materials are actually being conveyed on the vehicle at the time)- (a) be in an efficient state, in efficient working order and in good repair and not be used in an improper manner; and (b) not be loaded in such a manner or to such an extent as to interfere with the safe driving or operation of the vehicle. This regulation shall not apply to locomotives, trucks or wagons on lines of rails.Mechanically propelled vehicles and trailers 81. On every inclined track where trucks are worked, attached to a rope or chain, adequate safety devices shall be provided to prevent danger from runaway trucks.Inclined tracks 82. Where any vehicle is used for tipping material into any excavation or pit or over the edge of any embankment or earthwork, adequate measures, such as the provision of suitable stop blocks, shall be taken where necessary so as to prevent such vehicle from over-running the edge of such excavation, pit, embankment or earthwork.Vehicles near edge of excavation, etc. PART X HEALTH 83. At every site where persons are employed in operations to which these Regulations apply- (a) (i) a sufficient number of first-aid boxes or cases shall be available in readily accessible positions while work is going on;First-aid, ambulance and ambulance room (ii) in the case of a site where more than one hundred persons are employed, there shall be provided and available suitable stretchers and a vehicle capable of efficiently carrying an injured person on a stretcher: Provided that this sub-paragraph shall not apply if specific arrangements have been made for obtaining an ambulance and stretchers promptly, when required, from a hospital or other place in the immediate vicinity of the site; (iii) a suitable sling stretcher or other appliance for raising injured persons shall be readily available where work is being carried on in an excavation, shaft or other place, the proper removal from which of a seriously
injured person is liable to call for the use of such an appliance; (iv) nothing except appliances or requisites for first-aid shall be kept in a first-aid box or case; (b) every first-aid box or case shall- (i) contain such equipment as by law provided which shall be kept clean and in good condition; (ii) be placed under the charge of a responsible person who shall be capable of giving first-aid and be readily available; (c) in the following cases, namely: (i) in the case of a site where more than five hundred persons are intended to be or have been employed at any one time and the number so employed is for the time being more than two hundred and fifty; and (ii) in the case of a site at which more than two hundred and fifty persons are intended to be or have been employed and which is more than sixteen kilometres from a hospital and at which the number so employed is for the time being more than one hundred; there shall be provided a properly constructed ambulance room with equipment at least up to such standards as prescribed in the Second Schedule, The room shall be in the charge of a suitably qualified person and a record shall be kept of all cases of sickness or accident treated at the room. 84. An adequate supply of wholesome drinking water shall be provided at a convenient point or points and clearly marked "Drinking Water".Drinking water 85. There shall be provided, if an inspector so directs, at or in the immediate vicinity of any site where persons are employed in operations to which these Regulations apply- (a) conveniently accessible and suitable accommodation for taking shelter during interruptions owing to bad weather; (b) conveniently accessible and suitable accommodation for changing clothing; (c) adequate and suitable accommodation for taking meals.Shelters, accommodation for clothing, accommodation for meals 86. Sufficient and suitable sanitary conveniences for all persons employed at a construction site shall be provided by the main contractor or employer of workmen undertaking the operations.Sanitary conveniences 87. Where in connection with any grinding, cleaning, spraying or manipulation of any material, there is given off dust or fume of such a character and to such an extent as to be likely to be injurious to the health of persons employed, suitable respirators or otherwise shall be provided to prevent inhalation of such dust or fume.Inhalation of dust or fumes 88. Where the following processes are carried on, that is to say:
(a) dry grinding of surfaces of metal, stone, concrete or similar materials by means of a wheel or disc driven by mechanical power; (b) cutting, dressing or carving of stone, concrete or similar materials by means of a portable tool driven by mechanical power; (c) chipping or scaling of painted or corroded metal surfaces or wire-brushing of such surfaces by mechanical power; (d) cutting out and cutting off of cold rivets from any structure or part thereof; and (e) welding or cutting of metals by means of an electrical, oxy-acetylene or similar process; suitable goggles or screens shall be provided to protect the eyes of persons employed in the process.Protection of eyes 89. Effective steps shall be taken to secure and maintain the adequate ventilation of every working place in any excavation, pit, hole, adit, tunnel, shaft, caisson, or other enclosed space so as- (a) to maintain an atmosphere which is fit for respiration; and (b) to render harmless all fumes, dust or other impurities which may be dangerous or injurious to health.Ventilation of confined spaces 90. Where any persons are employed in a process in which a lead compound or other poisonous substance is used, there shall be provided for the use of the persons liable to come into contact with such compound or substance adequate and suitable facilities for washing, which shall include nail brushes, soap and towels.Lead compounds and other poisonous substances PART XI MISCELLANEOUS 91. No timber or materials with projecting nails shall be used in any work in which they are a source of danger to persons employed or be allowed to remain in any place where they are a source of danger to such persons.Projecting nails and loose material 92. Any temporary structure erected for the purpose of operations to which these Regulations apply, not being a scaffold or a structure to which any other regulation applies, shall be of good construction, sound material and adequate strength and stability, having regard to the purpose for which it is used.Construction of temporary structures 93. All practicable precautions shall be taken, by the use of temporary guys, stays, supports and fixings or otherwise where necessary, to prevent danger to any person employed through the collapse of any part of a structure during any temporary state of weakness or instability of the structure or part thereof before the structure is completed.Avoidance of danger from collapse of structure 94. (1) Where on or adjacent to the site of any operations to which these Regulations apply there is water into which a person employed is in the course of his employment liable to fall with risk of drowning, suitable rescue equipment shall be provided and kept ready for use and steps shall be taken to arrange for the prompt rescue of any such person in danger of
drowning.Prevention of drowning (2) Where appropriate and reasonably practicable, secure fencing of not less than 1 metre in height shall be erected near the water to prevent such fall. (As amended by S.I. No. 90 of 1974) 95. If the special nature or circumstances of any part of the work renders impracticable compliance with the provisions of these Regulations designed to prevent the fall of any persons engaged on construction work, then those provisions shall be complied with so far as practicable and, except for persons for whom there is adequate handhold and foothold, either there shall be provided- (a) suitable safety nets or safety sheets; or (b) safety belts or other contrivances which will so far as practicable enable such persons who elect to use them to carry out the work without risk of serious injury.Safety nets, sheets and belts 96. Measures shall be taken to prevent, so far as practicable, steam, smoke or other vapour from being generated on the site of operations to which these Regulations apply and obscuring any part of the work, scaffolding, machinery or plant where any person is employed.Generation of steam, smoke and vapour 97. Scaffold materials, tools and other objects and material (including waste material) shall not be thrown, tipped, or shot from a height where they are liable to cause injury, but shall be properly lowered; in any place where proper lowering is not practicable and also where any part of a structure is being demolished or broken off, adequate steps shall be taken, where necessary, to protect persons employed from falling or flying debris.Protection from falling material 98. Every employer shall submit such returns and reports and keep such records as the Commissioner may from time to time require, and any employer who fails to render any such return or report or keep such record, or knowingly makes any false statement in any such return, report or record, shall be guilty of an offence.Returns 99. All parts of machinery as may be a source of danger to any person at a construction site subject to these Regulations shall be securely fenced and guarded.Guarding of machinery 100. (1) Before any construction work to which these Regulations apply is commenced, and also during the progress thereof, all practicable steps shall be taken to prevent danger to persons employed from any live electric cable or apparatus which is liable to be a source of danger, either by rendering such cable or apparatus dead or otherwise.Electricity (2) Where any electrically charged overhead cable or apparatus is liable to be a source of danger to persons employed during the course of any construction work to which these Regulations apply, whether from a lifting machine, or the use or handling of any plant, equipment or building materials, all practicable precautions shall be taken, either by the provision of adequate and suitably placed barriers or otherwise, to prevent approach to the danger area in the vicinity of the overhead cables or apparatus.
(3) All electrical apparatus and conductors used in construction work shall comply with the relevant requirements of the Factories (Electricity) Regulations. 101. It shall be the duty of every contractor and every employer of workmen undertaking any construction work to which these Regulations apply- (a) to comply with such regulations which affect him or any workmen employed by him: Provided that the requirements of the said regulations shall be deemed not to affect any workman if and so long as his presence in any place is not in the course of performing any work on behalf of his employer and is not expressly or impliedly authorised or permitted by his employer; (b) to comply with such regulations as relate to any work, act or operation performed or about to be performed by any such contractor or employer of workmen; (c) to comply with such regulations as relate to the erection or alteration of scaffolds and to the erection, dismantling, installation, working or use of any machine, appliance or other plant or equipment by any such contractor or employer of workmen; (d) to keep readily available a copy of these Regulations for use on the site of any construction work.Duties of contractors and employers of workmen 102. It shall be the duty of every person employed to comply with the requirements of such of these Regulations as relate to the performance of or the refraining from an act by him and to co-operate in carrying out these Regulations and, if he discovers any defect in the machinery, plant or equipment, to report such defect without unreasonable delay to his employer or foreman, or to a person appointed by the employer as safety supervisor.Duties of persons employed 103. (1) Whenever an accident occurs in any construction work which either-Notice of accidents (a) causes loss of life to a person employed in that construction work; or (b) disables any such person for more than three days from earning full wages at the work at which he was employed; the employer shall forthwith send written notice of the accident to an inspector. (2) In addition, in case of death, the employer shall forthwith send notice of the accident in writing, and also where practicable by telegraph or telephone, to an inspector. (3) Whenever death ensues as a consequence of an accident which has already been notified, the employer shall immediately send notice of such death to an inspector. 104. These Regulations shall not apply to construction work undertaken within the boundary of a mine, or to premises used for refining metals or ores which are under the control of a mining company or authority.Mining operations and
premises 105. Any person guilty of an offence to which section ninety-one of the Act applies, or in respect of these Regulations or any lawful requirement made thereunder, shall be liable to the penalties prescribed by section ninety-two of the Act.Penalties FIRST SCHEDULE (Regulation 17) INSPECTION OF SCAFFOLDS 1. Location and description of scaffold inspected. 2. Date of inspection. 3. Result of inspection. Enter details of any defects. If no defects enter "In good order". 4. Signature of person who made the inspection. 5. Date of entry in record book. SECOND SCHEDULE (Regulation 83 (c)) AMBULANCE ROOM EQUIPMENT The ambulance room shall contain at least: 1. A glazed sink with hot and cold water always available. 2. A table with a smooth impermeable top. 3. Means for sterilising instruments. 4. A supply of suitable dressings, bandages and splints. 5. A couch. 6. A stretcher. 7. Blankets and hot water bottles. 8. A foot bath. 9. A suitable cupboard for instruments, etc. 10. Any special equipment which the Director of Medical Services may, in any particular case, consider necessary. REGULATION 58 OF THE CONSTRUCTION (SAFETY AND HEALTH) REGULATIONS-REGISTER OF HOIST, LIFTING MACHINES AND LIFTING TACKLEStatutory Instrument 119 of 1968
Notice by the Labour Commissioner It is hereby specified that the particulars to be entered, for the purposes of the Construction (Safety and Health) Regulations, in a register to be kept by employers or contractors undertaking construction work shall be as follows: 1. Name and office address of employer or contractor. 2. Distinguishing number or mark and description sufficient to identify each hoist, lifting machine or lifting tackle. 3. Date and number of the report of each thorough examination of hoists subject to regulation 43 and lifting tackle subject to regulation 53. 4. Date and number of the report of each test or thorough examination of lifting machines subject to regulations 41 and 43. 5. Date and number of the report of each examination and test of the anchorage or ballasting of a crane subject to regulation 44. 6. Particulars of any defect found at any examination required by regulation 42 or specified in paragraphs 3, 4 and 5 above and affecting the safe working load and the steps taken to remedy such defect. 7. Date and number of the certificate relating to any test and thorough examination made under regulation 41 of each crane, crab, winch, hoist, pulley block, gin wheel or sheer legs before being taken into use for the first time and the name, signature and address of the person who issued the certificate. THE FACTORIES (ELECTRICITY) REGULATIONS ARRANGEMENT OF REGULATIONS Regulation 1. Title 2. Interpretation 3. Application of Regulations 4. Exemptions 5. Safety of installations 6. Conductors 7. Control gear 8. Switches and circuit-breakers 9. Fuses and automatic circuit-breakers 10. Joints and connections
11. Cutting off pressure and protection from excess current 12. Placing of single-pole switches 13. Earthing of bare neutral conductors 14. Means of cutting off pressure from motors, etc. 15. Switches for control of electric motors 16. Portable apparatus 17. General arranagement of switchboards 18. Enclosure of switchboards 19. Placing of switchboard apparatus, etc. 20. Switchboard working platforms and passage-ways 21. Switchboards for high or extra high pressure 22. Protection of high and extra high pressure apparatus 23. Precautions against accidental charging above normal working pressure 24. Precautions against accidental charging of metal other than conductors 25. Precautions against accidental charging of apparatus 26. Provision of insulating stands or screens 27. Provision and use of portable insulating devices 28. Safe working space and means of access 29. Lighting 30. Protection against exposure 31. Only authorised persons, etc., to undertake certain work Regulation 32. Instructions as to treatment for electric shock 33. Construction, etc., of substations 34. Control of substations 35. Means of access to substations 36. Penalties SECTIONS 74 AND 82-THE FACTORIES (ELECTRICITY) REGULATIONS
Regulations by the Minister Statutory Instrument 254 of 1967 91 of 1974 Act No. 13 of 1994 1. These Regulations may be cited as the Factories (Electricity) Regulations.Title 2. In these Regulations, unless the context otherwise requires-Interpretation "apparatus" means electrical apparatus in any undertaking, and includes all apparatus, machines and fittings in which conductors are used or of which they form a part; "authorised person", in respect of any duties incidental to the generation, transformation, distribution or use of electrical energy in any undertaking, means- (a) the person responsible for such undertaking if a competent person; and (b) any electrical contractor under contract with the person responsible for such undertaking; and (c) any competent person authorised by the person responsible for the undertaking concerned or by such undertaking as aforesaid; "bare" means not covered with insulating material; "circuit" means an electrical circuit forming a system or branch of a system; "conductor" means an electrical conductor arranged to be electrically connected to a system; "covered with insulating material" means adequately covered with insulating material of such quality and thickness that there is no danger when the matter so covered is live; "danger" means danger to health or danger to life or limb from shock, burn or other injury to persons employed in an undertaking, or from fire, attendant upon the generation, transformation, distribution or use of electrical energy; "dead" means at or about zero potential and disconnected from any live system or part thereof; "earthed" means connected to the general mass of earth in such manner as will ensure at all times an immediate discharge of electrical energy without danger; "extra high pressure" means a pressure in a system normally exceeding 6,600 volts at the point where the electrical energy is used or supplied; "high pressure" means a pressure in a system normally above 650 volts but not exceeding 6,600 volts at the point where the electrical energy is used or supplied;
"insulating", in respect of any clothing, material or thing, means such clothing, material or thing of such size, quality and construction that, having regard to all the circumstances of its use by any person, in connection with electrical energy, such person is by reason of such use, adequately protected from danger; "live" means electrically charged; "low pressure" means a pressure in a system normally not exceeding 250 volts at the point where the electrical energy is used; "medium pressure" means a pressure in a system normally above 250 volts but not exceeding 650 volts at the point where the electrical energy is used; "person responsible" means- (a) in respect of a factory, the occupier thereof; (b) in respect of any building operations or work of engineering construction, any person undertaking such operations or work whether as employer, contractor or sub-contractor; "pressure" means the difference of electrical potential between any two conductors, or between a conductor and earth, as read by a hot wire or electrostatic voltmeter; "public supply" means the supply of electrical energy by a person authorised thereto by a licence granted under the provisions of any law; "substation" means any premises, or part thereof, in which electrical energy is transformed or converted to or from pressure above medium pressure if such premises, or part thereof, are large enough for a person to enter after the apparatus is in position: Provided that where such transformation is made solely for the purpose of working instruments, relays or similar auxiliary apparatus, such premises shall not be deemed to be a substation; "switchboard" means a collection of switches, fuses, conductors and other apparatus in connection therewith, used for the purpose of controlling the current or pressure in any system or part of a system; "switchboard passage-way" means any passage-way or compartment large enough for a person to enter and used in connection with a switchboard when live; "system" means an electrical system in an undertaking in which all the conductors and apparatus are electrically connected to a common source of electromotive force; "undertaking" means any factory, building operation or work of engineering construction. 3. These Regulations shall apply to the generation, transformation, distribution and use of electrical energy in any undertaking.Application of Regulations 4. (1) Nothing in regulations 6 to 8, 11 (a), 12 to 14, 18 to 20, 24 to 29, 31, 33 and 34 shall apply-Exemptions
(a) to any system in which the pressure does not exceed 250 volts direct current or 125 volts alternating current; or (b) in any generating station, to any system in which the pressure between it and earth does not exceed low pressure: Provided that where, on account of any special circumstances, the Commissioner is of opinion that the exemption granted by this sub-regulation should not apply to any particular factory,he may give written notice to the occupier of such factory that the provisions of this sub-regulation shall not apply thereto, and the said exemption shall cease to apply to such factory from such date, not being less than twenty-eight days from the date of such notice, as the Commissioner may specify. (2) Nothing in these Regulations shall apply to any service lines or apparatus other than apparatus contained in any substation of a public supply between the output terminals of the supply station and the supply side of a consumer's terminals, or to any chamber containing such service lines or apparatus: Provided that no live metal shall be exposed in such service lines or apparatus so that it may be touched. (3) If the person responsible for any undertaking can show, to the satisfaction of the Commissioner, that with regard to any requirement of these Regulations the special conditions of the undertaking are such as adequately prevent danger, that requirement shall be deemed to be satisfied in respect of such undertaking for so long as such conditions remain substantially unaltered. (4) The Commissioner may, by statutory order, direct that any class of special conditions defined in such order shall be deemed, for the purposes of all or any of the requirements of these Regulations, adequately to prevent danger, and the Commissioner may at any time amend or revoke any such order. (5) Nothing in these Regulations shall apply to any process or apparatus used exclusively for electro-chemical or electro-thermal or testing or research purposes: Provided that any such process is so worked and any such apparatus is so constructed and protected and special precautions are taken as may be necessary to prevent danger. (6) The Commissioner may, if satisfied that safety is otherwise secured in a practical manner, by statutory order, exempt from the operation of all or any of these Regulations, any premises to which any special regulations as to the generation, transformation, distribution or use of electrical energy, made under the provisions of any law, apply, and the Commissioner may at any time amend or revoke any such order. 5. All apparatus and conductors shall be sufficient in size and power for the work which they are called upon to do, and be so constructed, installed, protected, worked and maintained as to prevent danger so far as is reasonably practicable.Safety of installations 6. All conductors shall either be covered with insulating material and further efficiently protected where necessary to prevent danger, or they shall be so placed and safeguarded as to prevent danger so far as is reasonably practicable.Conductors
7. Every switch, switch fuse, circuit-breaker, and insulating link shall be- (a) so constructed, placed or protected as to prevent danger; (b) so constructed and adjusted as accurately to make and maintain good contact; (c) provided with an efficient handle or other means of working insulated from the system and so arranged that no person can inadvertently touch live metal; (d) so constructed or arranged that it cannot accidentally fall or move into contact when left out of contact.Control gear 8. (1) Every switch intended to be used for breaking a circuit and every circuit-breaker, and each pole of double-pole or multi-pole switches or circuit-breakers, shall be so constructed that it cannot with proper care be left in partial contact.Switches and circuit-breakers (2) Every switch intended to be used for breaking a circuit and every circuit-breaker shall be so constructed that an arc cannot be accidentally maintained. 9. (1) Every fuse, and every automatic circuit-breaker used in lieu of such fuse, shall be so constructed and arranged as effectively to interrupt the current before it so exceeds the working rate as to involve danger.Fuses and automatic circuit-breakers (2) Every fuse, and every automatic circuit-breaker used in lieu of such fuse, shall be of such construction or be so guarded or placed as to prevent danger from over-heating or from arcing or the scattering of hot metal or other substance when it comes into operation. (3) Every fuse shall be either of such construction or so protected by a switch that the fusible metal may be readily renewed without danger. 10. Every electrical joint and connection shall be of proper construction as regards conductivity, insulation, mechanical strength and protection.Joints and connections 11. Such efficient means as may be necessary to prevent danger shall be provided and suitably located- (a) for cutting off all pressure from every part of a system; and (b) for protecting every part of a system from excess current.Cutting off pressure and protection from excess current 12. Where one of the conductors of a system is connected to earth, no single-pole switch, other than a link for testing purposes or a switch for use in controlling a generator, shall be placed in such conductor or any branch thereof:Placing of single-pole switches Provided that a switch or automatic or other cutout may be placed in the connection between the conductor and earth at the generating station for use in testing or in emergency only.
13. Where one of the main conductors of a system is bare and uninsulated, no switch, fuse or circuit-breaker shall be placed in that conductor or in any conductor connected thereto, and any such conductor shall be earthed:Earthing of bare neutral conductors Provided that switches, fuses or circuit-breakers may be used to break the connection with the generators or transformers supplying the power if the connection of any bare conductor with earth is not thereby broken. 14. Every motor, converter and transformer shall be protected by efficient means, suitably placed and so connected that all pressure may thereby be cut off from the motor, converter or transformer, as the case may be, and from all apparatus connected therewith:Means of cutting off pressure from motors, etc. Provided that where one point of the system is connected to earth, it shall not be necessary to disconnect on that side of such system which is connected to earth. 15. (1) Every electric motor shall be controlled by an efficient switch or switches for starting and stopping, so placed as to be easily worked by the person in charge of such motor.Switches for control of electric motors (2) In every place in which machines are being driven by an electric motor, there shall be means at hand for either switching off the motor or stopping the machines if necessary to prevent danger. 16. (1) Every flexible wire for any portable apparatus shall be connected to the system concerned either by efficient permanent joints or connections or by a properly constructed connector.Portable apparatus (2) In all cases where a person handling any portable apparatus or pendant lamps with switches would be liable to get a shock, through a conducting floor or conducting work or otherwise, if the metal-work of such apparatus became live, such metal-work shall be efficiently earthed and any flexible metallic covering of the conductors shall be itself efficiently earthed and shall not be the only earth connection for the metal of the apparatus. (3) No lampholder shall be in metallic connection with the guard or other exposed metal-work of a portable lamp. (4) All portable apparatus and all flexible wire connected thereto shall be controlled by efficient means suitably located, and capable of cutting off the pressure thereto, and the metal-work of such apparatus shall be efficiently earthed independently of any flexible metallic cover of the conductors, and any such flexible covering shall itself be independently earthed. (5) The provisions of this regulation shall not apply in any case where the apparatus, lamp or wire concerned is connected to a system in which the pressure is direct current not exceeding 150 volts. 17. The general arrangement of switchboards shall, so far as is reasonably practicable, be such that- (a) all parts which may have to be adjusted or handled are readily accessible;
(b) the course of every conductor may, where necessary, be readily traced; (c) conductors not arranged for connection to the same system are kept well apart and can, where necessary, be readily distinguished; (d) all bare conductors are so placed or protected as to prevent danger from accidental short circuit.General arrangement of switchboards 18. (1) Every switchboard having bare conductors normally so exposed that they may be touched by any person shall, if not located in an area or areas set apart for the purposes thereof, be suitably fenced or enclosed.Enclosure of switchboards (2) No person, other than an authorised person or a person acting under his immediate supervision, shall have access to any switchboard mentioned in sub-regulation (1). 19. All apparatus appertaining to a switchboard and requiring handling shall, so far as is practicable, be so placed or arranged as to be operated from the working platform of the switchboard, and all measuring instruments and indicators connected therewith shall, so far as is practicable, be so placed as to be observed from such platform, and if any such apparatus is worked or observed from any place other than such platform, adequate precautions shall be taken to prevent danger.Placing of switchboard apparatus, etc. 20. (1) Adequate means of access, free from danger, shall be provided for every switchboard passage-way.Switchboard working platforms and passageways (2) Where at the working platform of any switchboard or in any switchboard passage-way there are bare conductors exposed or arranged to be exposed when live so that they may be touched by any person on such platform or in such passage-way, there shall be left a clear and unobstructed passage of ample width and height, with a firm and even floor, on such platform or in such passage-way. (3) The following provisions shall apply to all such platforms and passage-ways as are mentioned in sub-regulation (2), unless the bare conductors on such platform or in such passage-way, whether overhead or at the sides thereof, are otherwise adequately protected against danger by divisions or screens or other suitable means: (a) any such platform or passage-way constructed for a low pressure or medium pressure switchboard shall have a clear height of not less than 2.250 metres, and a clear width, measured from any bare conductor, of not less than 1 metre; (b) any such platform or passage-way constructed for a high pressure or extra high pressure switchboard, other than operating desks or panels working solely at low pressure, shall have a clear height of not less than 2.500 metres, and a clear width, measured from any bare conductor, of not less than 1.250 metres; (c) bare conductors shall not be exposed on both sides of any such switchboard passage-way unless either- (i) the clear width of such passage-way measured between such bare conductors is not less than 1.250 metres in the case of low or medium pressure and not less than 2.438 metres in the case of high and extra high pressure; or (ii) the conductors on one side of such passage-way are so guarded that they
cannot accidentally be touched. (As amended by S.I. No. 91 of 1974) 21. In every switchboard for high pressure or extra high pressure- (a) every high pressure or extra high pressure conductor within reach from the working platform or in any passage-way shall be so placed or protected as adequately to prevent danger; (b) the metal cases of all instruments working at high or extra high pressure shall either be earthed or completely enclosed with insulating covers; (c) all metal handles of high and extra high pressure switches and, where necessary to prevent danger, all metal gear for working such switches, shall be earthed; (d) when any work is done on any such switchboard the switchboard shall be made dead unless-Switchboards for high or extra high pressure (i) the section of the switchboard on which the work is to be done (hereinafter referred to as the relevant section) is made dead and every other section which is live is either- A. so separated from the relevant section by permanent or removable divisions or screens as not to be a source of danger to persons working on the relevant section; or B. in such a position or of such construction as to be as safe as if so separated as aforesaid; or (ii) the switchboard itself is so arranged as to secure that work is done without danger without taking any of the precautions aforesaid. 22. All parts of generators, motors, transformers or other similar apparatus which are at high or extra high pressure and which are within reach from any position where a person employed in the undertaking may require to be, shall, so far as is reasonably practicable, be so protected as to prevent danger.Protection of high and extra high pressure apparatus 23. Where a high or extra high pressure supply is transformed for use at a lower pressure, or energy is transformed up to above low pressure, suitable provision shall be made to guard against danger by reason of the lower pressure system becoming accidentally charged above its normal pressure by leakage or contact from the higher pressure system.Precautions against accidental charging above normal working pressure 24. Where necessary to prevent danger, adequate precautions shall be taken either by earthing or by other suitable means to prevent any metal other than a conductor from becoming electrically charged.Precautions against accidental charging of metal other than conductors 25. Adequate precautions shall be taken to prevent any conductor or apparatus from being accidentally or inadvertently electrically charged when persons are working thereon.Precautions against accidental charging of apparatus 26. Where necessary adequately to prevent danger, insulating stands or
screens shall be provided and kept permanently in position, and such stands or screens shall be maintained in sound condition.Provision of insulating stands or screens 27. Portable insulating stands or screens or insulating boots or gloves, or other suitable means, shall be provided and used when necessary adequately to prevent danger, and any such articles shall be periodically examined by an authorised person.Provision and use of portable insulating devices 28. Adequate working space and means of access, free from danger, shall be provided for all apparatus that has to be worked or attended to by any person.Safe working space and means of access 29. All those parts of any undertaking in which apparatus is placed shall be adequately lighted to prevent danger.Lighting 30. All conductors and apparatus exposed to the weather, wet, corrosion, inflammable surroundings or explosive atmosphere, or used in connection with any process or for any special purpose other than for lighting or power, shall be so constructed or protected, and such special precautions shall be taken, as may be necessary adequately to prevent danger in view of such exposure or use.Protection against exposure 31. (1) No person other than an authorised person, or a competent person acting under his immediate supervision, shall operate any apparatus where technical knowledge or experience is required for such operation in order adequately to avoid danger, and no person shall work alone in connection with any system or apparatus in any case where the Commissioner has directed that he shall not.Only authorised persons, etc., to undertake certain work (2) No person other than an authorised person, or a competent person over the apparent age of twenty-one years acting under his immediate supervision, shall undertake any repair, alteration, extension or cleaning of any apparatus and no one shall do such work unaccompanied. (3) Where a contractor is employed in any undertaking, and the danger to be avoided is under his control, such contractor shall appoint the authorised person for the purposes of this regulation, but if the danger to be avoided is under the control of the person responsible for the undertaking, such person shall appoint such authorised person. 32. Printed instructions as to the proper first-aid treatment of persons suffering from electric shock shall be affixed in a prominent place in all undertakings where electrical energy is generated, transformed or used above a pressure of 125 volts alternating current or 250 volts direct current.Instructions as to treatment for electric shock 33. (1) Every substation shall be substantially constructed, and shall be so arranged that no person can obtain access thereto otherwise than by a proper entrance or can interfere with the apparatus or conductors therein from outside.Construction, etc., of substations (2) Every substation shall be provided with efficient means of ventilation, be kept dry, and made vermin proof as far as practicable. (3) At the entrance to every substation shall be posted a suitable warning notice of danger.
34. Every substation shall be under the control of an authorised person, and none but an authorised person, or a person acting under his immediate supervision, shall enter any part of any substation where there may be danger.Control of substations 35. Every underground substation not otherwise easily and safely accessible shall be provided with adequate means of access by a door or trap door, with a staircase or ladder securely fixed and so placed that no live part of any switchboard or any bare conductor shall be within reach of a person thereon:Means of access to substations Provided that the means of access to any such substation shall be by a doorway and staircase- (i) if any person is regularly employed therein otherwise than for inspection and cleaning; or (ii) if the substation is not of ample dimensions and there is therein either moving machinery, other than ventilating fans, or high or extra high pressure. 36. Any person guilty of an offence under the provisions of section ninety-one of the Act in respect of these Regulations or any lawful requirement thereunder shall be liable to the penalties prescribed by section ninety-two of the Act.Penalties SECTIONS 74 AND 82-THE FIRST-AID BOXES REGULATIONS Regulations by the Minister Statutory Instrument 251 of 1967 93 of 1974 1. These Regulations may be cited as the First-aid Boxes Regulations, and shall apply to factories, building operations and works of engineering construction.Title and application 2. In these Regulations, unless the context otherwise requires-Interpretation "adhesive wound dressing" means a dressing which consists of a pad fixed to a piece of plaster, waterproof or otherwise, as centrally as possible so as to leave an adequate margin of adhesive surface all round; "approved", in relation to- (a) an adhesive wound dressing, means an adhesive wound dressing packed and kept in accordance with, and of a type prescribed by, these Regulations; (b) eye ointment, means eye ointment packed and kept in accordance with, and of a type prescribed by, these Regulations; "eye ointment" means the eye ointment referred to as Sulphacetamide Eye Ointment in the British Pharmacopoeia, 1958, containing not less than six per centum and not more than ten per centum sulphacetamide sodium, or sulphacetamide eye ointment of similar strength in a suitable water miscible base; "eye-pad" means a pack containing a sterilised pad with a long bandage attached;
"first-aid box, case or cupboard" means a first-aid box, case or cupboard required to be kept, maintained or made available in terms of section sixty-seven of the Act or regulation 83 of the Construction (Safety and Health) Regulations. 3. (1) Every first-aid box, case or cupboard in any factory or at the site of any building operations or works of engineering construction shall contain the items specified in relation to such factory, building operations or work of engineering construction site in the Schedule.Contents of first-aid boxes or cases (2) The Commissioner may, in any particular case, vary or add to the list of items set out in any Part of the Schedule by giving notice thereof in writing to a factory occupier or manager or an employer of persons engaged in building operations or works of engineering construction, as the case may be, and the contents of any first-aid box, case or cupboard in any such factory or at the site of any such building operations or works of engineering construction shall thereupon be made to conform to such variation or addition: Provided that such variation or addition shall in no way diminish the effectiveness of such items. 4. All materials for dressings contained in any first-aid box, case or cupboard shall be those designated in, and of a grade or quality not lower than the standards specified by, the British Pharmaceutical Codex or any supplements thereto.Requirements as to dressings 5. (1) Every adhesive wound dressing shall be packed in an individual sealed pack marked clearly to indicate the contents and shall be kept in a tin or other suitable dust-proof container.Dressing containers (2) The pad and margin of adhesive surface of every adhesive wound dressing shall be protected by muslin or other suitable material for removal before use. (3) The pad of every adhesive wound dressing shall be- (a) a piece of unmedicated absorbent lint or other suitable material; or (b) a piece of absorbent lint or other suitable material containing any one of the following substances of not more than the strength specified: Boric Acid . . . . . . 5 per centum Aminacrine Hydrochloride. . . . . . . . 0.1 per centum Chlorhexidine Hydrochloride . . . . . . 0.1 per centum Euflavine . . . . . . 0.15 per centum Domiphen Bromide . . . . . . 0.15 per centum Bismuth Subgallate . . . . . . 2.5 per centum. 6. (1) All eye ointment shall be packed in sterilised collapsible opaque tubes in accordance with sub-regulations (2) and (3).Eye ointment (2) Every tube containing eye ointment shall be fitted with a nozzle and cap and shall contain four grams of the ointment. (3) There shall be clearly marked on each such tube- (a) the words "Sulphacetamide Eye Ointment"; and
(b) the content of sulphacetamide sodium. (4) The sulphacetamide sodium contained in the eye ointment shall conform to the standard prescribed in the British Pharmacopoeia, 1958. (Amended by S.I. No. 93 of 1974) 7. Any person guilty of an offence under the provisions of section ninety-one of the Act in respect of these Regulations or any lawful requirement thereunder shall be liable to the penalties prescribed by section ninety-two of the Act.Penalties SCHEDULE (Regulation 3) CONTENTS OF FIRST-AID BOXES, CASES OR CUPBOARDS PART I FACTORIES IN WHICH THE NUMBER OF PERSONS EMPLOYED DOES NOT EXCEED TEN OR BUILDING OPERATIONS OR WORK OF ENGINEERING CONSTRUCTION SITES WHERE THE NUMBER OF PERSONS EMPLOYED DOES NOT EXCEED TWENTY-FIVE 1. A sufficient number (not less than six) of small unmedicated sterilised dressings for injured fingers. 2. A sufficient number (not less than three) of medium-sized unmedicated sterilised dressings for injured hands or feet. 3. A sufficient number (not less than three) of large unmedicated sterilised dressings for other injured parts. 4. A sufficient number (not less than twelve) of adhesive wound dressings of an approved type and of assorted sizes. 5. A sufficient number (not less than two) of suitable triangular bandages. 6. A sufficient supply of adhesive plaster (at least one spool 25 millimetres 1 metre and one spool 12.500 5 metres. 7. A sufficient supply of absorbent, preferably sterilised, cotton wool in 28 grams packets (at least two packets). 8. A rubber bandage, pressure bandage or tourniquet. 9. Safety pins. 10. A one per centum solution of Cetrimide. 11. A sufficient supply of approved Sulphacetamide Eye Ointment in a container of approved type and size. 12. Two eye pads with bandages. 13. A bottle of sal volatile, already mixed in the proportion of 3.500
millilitres to each 56 millilitres water; marked "Stimulant" and having dose and mode of administration indicated on the label. 14. A copy of the leaflet giving advice on first-aid treatment issued by the Department of Labour. (As amended by S.I. No. 93 of 1974) PART II FACTORIES IN WHICH THE NUMBER OF PERSONS EMPLOYED EXCEEDS TEN BUT DOES NOT EXCEED FIFTY 1. A sufficient number (not less than twelve) of small unmedicated sterilised dressings for injured fingers. 2. A sufficient number (not less than six) of medium-sized unmedicated sterilised dressings for injured hands or feet. 3. A sufficient number (not less than six) of large unmedicated sterilised dressings for other injured parts. 4. A sufficient number (not less than twenty-four) of adhesive wound dressings of an approved type and of assorted sizes. 5. A sufficient number (not less than four) of suitable triangular bandages. 6. A sufficient supply of adhesive plaster (at least one spool 25 millimetres 1 metre and one spool 12.500 millimetres 5 metres. 7. A sufficient supply of absorbent, preferably sterilised, cotton wool in 28 gram packets (at least three packets). 8. A rubber bandage, pressure bandage or tourniquet. 9. Safety pins. 10. A one per centum solution of Cetrimide. 11. A sufficient supply of approved Sulphacetamide Eye Ointment in a container of approved type and size. 12. Four eye pads with bandages. 13. A bottle of sal volatile, already mixed in the proportion of 3.500 millilitres to each 56 millilitres water; marked "Stimulant" and having dose and mode of administration indicated on the label. 14. A copy of the leaflet giving advice on first-aid treatment issued by the Department of Labour. (As amended by S.I. No. 93 of 1974) PART III FACTORIES IN WHICH THE NUMBER OF PERSONS EMPLOYED EXCEEDS FIFTY OR BUILDING OPERATIONS OR WORK OF ENGINEERING CONSTRUCTION SITES WHERE THE NUMBER OF PERSONS
EMPLOYED EXCEEDS TWENTY-FIVE 1. A sufficient number (not less than twenty-four) of small unmedicated sterilised dressings for injured fingers. 2. A sufficient number (not less than twelve) of medium-sized unmedicated sterilised dressings for injured hands or feet. 3. A sufficient number (not less than twelve) of large unmedicated sterilised dressings for other injured parts. 4. A sufficient number (not less than thirty-six) of adhesive wound dressings of an approved type and of assorted sizes. 5. A sufficient number (not less than eight) of suitable triangular bandages. 6. A sufficient supply of adhesive plaster (at least two spools 25 millimetres 1 metre and two spools 12.500 millimetres 5 metres). 7. A sufficient supply of absorbent, preferably sterilised, cotton wool in 28 grams packets (at least six packets). 8. A supply of suitable splints and cotton wool or other material for padding. 9. A rubber bandage, pressure bandage or tourniquet. 10. Safety pins. 11. A one per centum solution of Cetrimide. 12. A sufficient supply of approved Sulphacetamide Eye Ointment in a container of approved type and size. 13. Eight eye pads with bandages. 14. A bottle of sal volatile, already mixed in the proportion of 3.500 millilitres to each 56 millilitres water; marked "Stimulant" and having dose and mode of administration indicated on the label. 15. A copy of the leaflet giving advice on first-aid treatment issued by the Department of Labour. (As amended by S.I. No. 93 of 1974) THE WOODWORKING MACHINERY REGULATIONS ARRANGEMENT OF REGULATIONS Regulation 1. Title 2. Interpretation 3. Application of Regulations
4. Machine control 5. Working space 6. Floors 7. Lighting 8. Circular saws 9. Plain band saws 10. Planing machines 11. Vertical spindle moulding machines 12. Chain mortising machines 13. Maintenance of guards, etc. 14. Alternative guards 15. Training 16. Duty of employees 17. Penalties SECTIONS 74 AND 82-THE WOODWORKING MACHINERY REGULATIONS Regulations by the Minister Statutory Instrument 253 of 1967 94 of 1974 1. These Regulations may be cited as the Woodworking Machinery Regulations.Title 2. In these Regulations, unless the context otherwise requires-Interpretation "circular saw" means a circular saw working in a bench, including a rack bench, for the purpose of ripping, deep cutting or cross cutting wood, but does not include a swing or other saw which is moved towards the wood; "plain band saw" means a band saw, other than a log saw or band re-sawing machine, the cutting portion of which runs in a vertical direction; "planing machine" includes a machine for overhand planing or for thicknessing or for both operations; "undertaking" means any factory, building operations or work of engineering construction; "woodworking machine" means a circular saw, plain band saw, planing machine, vertical spindle moulding machine or chain mortising machine operating on wood. 3. These Regulations shall apply to woodworking machines in any
undertaking.Application of Regulations 4. Every woodworking machine shall be provided with an efficient stopping and starting appliance, the controls of which shall be situated in such a position as to be readily and conveniently operated by the person in charge of the machine.Machine control 5. Sufficient clear and unobstructed space shall be maintained at every woodworking machine while such machine is in motion to enable work to be carried on without unnecessary risk.Working space 6. The floor surrounding every woodworking machine shall be maintained in good and level condition and, as far as practicable, free from loose material, and shall not be allowed to become slippery.Floors 7. Sufficient and suitable lighting, whether natural or artificial, shall be secured and maintained at every woodworking machine, and any means of artificial lighting shall be so placed or shaded as to prevent the direct rays of such lighting from striking the eyes of any person operating such machine.Lighting 8. When any circular saw is in motion- (a) that part of the saw below the bench table shall be protected by two plates of metal, one on each side of and parallel to the saw and not more than 150 millimetres apart, which shall extend to a distance of not less than 50 millimetres beyond the teeth of the saw in every direction; and (b) behind, and in a direct line with the saw, there shall be a riving knife which shall have a smooth surface, shall be strong, rigid and easily adjustable, and which shall also conform to the following conditions:Circular saws (i) the edge of the knife nearer the saw shall form an arc of a circle having a radius not exceeding the radius of the largest saw used on the bench; (ii) the knife shall be maintained as close as practicable to the saw, having regard to the nature of the work being done at the time, and, at the level of the bench table, the distance between the front edge of the knife and the teeth of the saw shall not exceed 12 millimetres; (iii) for a saw of a diameter of less than twenty-four inches, the knife shall extend upwards from the bench table to within 25 millimetres of the top of the saw, and for a saw of a diameter of 610 millimetres or over, shall extend upwards from the bench table to a height of at least 220 millimetres; and (c) the top of the saw shall be covered by a strong and easily adjustable guard, with a flange at the side of the saw farthest from the fence, which shall extend from the top of the riving knife to a point as low as practicable at the cutting edge of the saw, and which shall be kept so adjusted that the said flange shall extend below the roots of the teeth of the saw; and (d) where such saw is fed by hand, a suitable push-stick shall be kept available for use at the bench table to enable the work to be carried on without unnecessary risk. (As amended by S.I. No. 94 of 1974) 9. When any plain band saw is in motion-
(a) the front of the top pulley shall be covered with sheet metal or other suitable material; and (b) both sides of the bottom pulley shall be completely encased by sheet metal or other suitable material; (c) all portions of the blade, other than that between the bench table and the top guide, shall be enclosed or otherwise securely guarded.Plain band saws 10. (1) No planing machine which is not mechanically fed shall be used for overhand planing unless it is fitted with a cylindrical cutter block.Planing machines (2) Every planing machine used for overhand planing shall be provided with a bridge guard capable of covering the full length and breadth of the cutting slot in the bench and so constructed as to be easily adjustable both in a horizontal and vertical direction. (3) The feed roller of every planing machine used for thicknessing shall be provided with an efficient guard. 11. (1) The cutter of every vertical spindle moulding machine shall, when practicable, be fitted with a guard which is, having regard to the nature of the work which is being performed, the most efficient for preventing injury to any person.Vertical spindle moulding machines (2) Where the work being performed at a vertical spindle moulding machine cannot be efficiently performed when a guard is fitted to the cutter, the wood being moulded in such machine shall, if practicable, be held in a jig or holder of such construction as to reduce as far as possible the risk of injury to any person. (3) A suitable spike or push-stick shall be kept available for use at the bench of every vertical spindle moulding machine. 12. The chain of every chain mortising machine shall be provided with a guard which shall, as far as is practicable, enclose the cutters of such machine.Chain mortising machines 13. The guards and appliances required by these Regulations shall be maintained in an efficient state, and shall, unless the nature of the work being done at any particular time renders the use of such guards and appliances impracticable, be kept in position whilst the machinery concerned is in motion and so adjusted as to enable the work to be carried on without unnecessary risk.Maintenance of guards, etc. 14. The provisions of these Regulations relating to circular saws, plain band saws and planing machines shall not apply in any case where it can be shown to the satisfaction of the Commissioner that other safeguards are provided and maintained which render the machines equally as safe as they would be if guarded in the manner prescribed by these Regulations.Alternative guards 15. No person shall be employed at a woodworking machine unless he has been sufficiently trained to work that type or class of machine, or unless he works under the adequate supervision of a person who has been so trained, and every person employed at a woodworking machine shall be fully instructed as to the
dangers which may arise in connection with such machine and the precautions to be observed in that regard.Training 16. Any person employed on a woodworking machine shall- (a) use and maintain in proper adjustment the guards provided in accordance with the provisions of these Regulations; or (b) use, in the appropriate case, any appliance so provided; except when, owing to the nature of the work being done, the use of the guards or appliances is rendered impracticable.Duty of employees 17. Any person guilty of an offence under the provisions of section ninety-one of the Act in respect of these Regulations or any lawful requirement thereunder shall be liable to the penalties prescribed by section ninety-two of the Act.Penalties SECTION 84-THE FACTORIES ACT (APPLICATION EXTENSION) ORDER Order by the Minister Statutory Instrument 326 of 1967 89 of 1974 1. This Order may be cited as the Factories Act (Application Extension) Order.Title 2. The Parts of the Act and the Regulations in the Schedule shall apply to all farm premises in which a steam boiler is used in connection with agricultural operations, including dairy farming.Extension to farm premises SCHEDULE (Paragraph 2) EXTENSION TO FARM PREMISES The Factories Act, Parts VIII and XIV. The Factories (Prescribed Particulars and Forms) Regulations. The Plant Inspection and Examination Fees Regulations. CERTIFICATE OF EXCEPTION BY THE LABOUR COMMISSIONER I HEREBY CERTIFY that in accordance with section 61 of the Factories Act, steam boilers which are used solely for the purposes of "steaming" tobacco at farm premises shall be excepted from the following provisions of the Act: (a) that part of section 54 (5) which requires the construction of steam boilers to be consistent with a relevant standard specification; and (b) from the provisions of section 55 (3); subject to the following conditions: (i) An excepted steam boiler shall comply with all the provisions of Part
VIII of the Act apart from the specified exceptions. (ii) An excepted steam boiler and all its fittings and attachments shall be thoroughly examined by an inspector or other person authorised by the Commissioner at intervals not exceeding three years and also as soon as practicable after any extensive repairs. (iii) An excepted steam boiler shall not be worked at a pressure exceeding 0.600 bars per 25.4 square millimetres, until it has been thoroughly examined by an inspector, and the prescribed report obtained, which includes particulars of the safe working pressure. (iv) Oil drums or similar vessels shall not be used for generating steam under pressure greater than atmospheric pressure. (v) This Certificate of Exception, or any condition, may be revoked by the Commissioner at any time. (As amended by S.I. No. 89 of 1974) SECTION 105-THE FACTORIES (CLEANLINESS OF WALLS AND CEILINGS) REGULATIONS Regulations by the Minister Statutory Instrument 153 of 1967 1. These Regulations may be cited as the Factories (Cleanliness of Walls and Ceilings) Regulations.Title 2. In these Regulations, unless the context otherwise requires-Interpretation "walls and ceilings" means all inside walls and partitions, all ceilings and tops of rooms, and all walls, sides and tops of passages and staircases; "washed" means washed with hot water and soap or other suitable detergent, or cleaned by such other method as may be approved by an inspector. 3. For the purposes of subsection (2)(d)(ii) of section nineteen of the Act, the manner of painting and of repainting walls and ceilings shall be the application of a suitable paint in such manner as to produce over the whole of the treated surface a compact continuous film capable of being washed.Manner of painting and repainting 4. For the purposes of subsection (2)(d)(ii) of section nineteen of the Act, walls and ceilings- (a) which are painted shall be repainted at intervals not exceeding seven years; (b) which are varnished shall be revarnished at intervals not exceeding seven years:Intervals for repainting or revarnishing walls and ceilings Provided that the whole part of the surface of walls and ceilings shall be repainted or revarnished, as the case may be, as often as may be necessary to maintain over the whole surface a compact continuous film capable of being washed.
SECTION 105-THE FACTORIES (FIRST-AID) (PRESCRIBED STANDARD OF TRAINING) REGULATIONS Regulations by the Minister Statutory Instrument 152 of 1967 1. These Regulations may be cited as the Factories (First-aid) (Prescribed Standard of Training) Regulations.Title 2. For the purposes of subsections (4) and (6) of section sixty-seven of the Act, a person shall be deemed not to be trained in first-aid treatment unless- (a) he is a fully registered nurse, registered in accordance with the provisions of the Nurses and Midwives Act; or (b) he is a fully registered medical assistant registered in accordance with the provisions of the Medical and Allied Professions Act; or (c) he is a nurse trained to a standard laid down by the Department of Health and his name is duly entered upon a roll kept at that Department; or (d) he is the holder of a certificate in first-aid issued within the immediately preceding period of three years by, or is otherwise recognised as being trained in first-aid treatment by, a first-aid training organisation specified in the Schedule.Standard of training in first-aid-treatment Cap. 300 Cap. 297 3. In factories where the persons in charge of the first-aid boxes or cupboards are required under subsection (4) of section sixty-seven of the Act to be persons trained in first-aid treatment, the following particulars shall be entered in or attached to the general register in respect of every such person: (a) his name; (b) the nature and date of his qualification as a person trained in first-aid treatment; and (c) the date on which evidence of his being so trained was inspected by the occupier.General register SCHEDULE (Regulation 2) FIRST-AID TRAINING ORGANISATIONS The Council of St. John in Zambia. Zambia Red Cross Society. THE FACTORIES (PRESCRIBED PARTICULARS AND FORMS) REGULATIONS ARRANGEMENT OF REGULATIONS
Regulation 1. Title 2. Interpretation 3. Certificate of appointment of inspector 4. Register of factories 5. Registration of existing factories 6. Registration of new factories 7. Drawings of factories 8. "Machinery attendants" certificate 9. Report of result of examination of hoist or lift 10. Register of chains, ropes and lifting tackle and lifting machines 11. Report of result of examination of steam boiler 12. Boiler book 13. Report of result of examination of steam receiver 14. Report of result of examination of air receiver 15. Notification of factory accident 16. Notification of dangerous occurrence 17. Notification of industrial disease 18. Abstract of Act to be kept posted in factory 19. General register SCHEDULE-Prescribed particulars and forms SECTION 105-THE FACTORIES (PRESCRIBED PARTICULARS AND FORMS) REGULATIONS Regulations by the Minister Statutory Instrument 154 of 1967 92 of 1974 1. These Regulations may be cited as the Factories (Prescribed Particulars and Forms) Regulations.Title 2. Unless the context otherwise requires, expressions used in these Regulations shall have the same respective meanings as in the Act.Interpretation 3. A certificate of appointment of an inspector furnished under subsection (2) of section six of the Act shall be in the form and shall contain the
particulars specified in Part I of the Schedule.Certificate of appointment of inspector 4. The register of factories maintained by the Commissioner in accordance with the requirements of section eleven of the Act shall contain the particulars specified in Part II of the Schedule.Register of factories 5. The written application for a certificate of registration required by subsection (1) of section twelve of the Act to be made to the Commissioner by every person who on the commencement of the Act occupies a factory shall contain the particulars specified in Part II of the Schedule.Registration of existing factories 6. The written application for a certificate of registration required by subsection (2) of section thirteen of the Act to be made to the Commissioner by any person who intends to occupy or use as a factory any premises which were not so occupied or used on the commencement of the Act shall contain the particulars specified in Part II of the Schedule.Registration of new factories 7. The written application required by subsection (2) of section fifteen of the Act to be made to the Commissioner for approval of drawings relating to the erection or conversion or extension of a factory shall contain the particulars specified in Part III of the Schedule.Drawings of factories 8. The certificate of appointment required to be furnished by an occupier under subsection (2) (a) (ii) of section thirty of the Act (which provides that no person shall lubricate, examine or adjust any unfenced dangerous part of machinery or lubricate transmission machinery or mount or ship any belt that is in motion unless, in addition to the other precautions or conditions specified in the aforesaid section, he is appointed by the occupier by prescribed certificate attached to the general register to carry out such examination, lubrication, adjustment or other operation and he has been furnished by the occupier with a signed copy of such certificate) shall be in the form set out in Part IV of the Schedule."Machinery attendants" certificate 9. A report of the result of every examination of a hoist or lift made under subsection (2) of section forty-seven of the Act shall be in the form set out in Part V of the Schedule and shall contain the particulars therein specified.Report of result of examination of hoist or lift 10. The register kept for the purposes of section fifty-three of the Act in respect of all chains, ropes or lifting tackle (except fibre rope slings) to which section fifty-one of the Act applies and in respect of all lifting machines to which section fifty-two of the Act applies shall contain the particulars specified in Part VI of the Schedule.Register of chains, ropes and lifting tackle and lifting machines 11. A report of the result of every examination of a steam boiler under subsection (7) of section fifty-five of the Act shall be in the form set out in Part VII of the Schedule and shall contain the particulars therein specified.Report of result of examination of steam boiler 12. The boiler book kept for the purposes of subsection (11) of section fifty-five of the Act shall be in the form set out in Part VIII of the Schedule and shall contain the particulars therein specified.Boiler book 13. A report of the result of every examination of a steam receiver under
subsection (7) of section fifty-seven of the Act shall be in the form set out in Part IX of the Schedule and shall contain the particulars therein specified.Report of result of examination of steam receiver 14. A report of the result of every examination of an air receiver under subsection (6) of section fifty-eight of the Act shall be in the form set out in Part IX of the Schedule and shall contain the particulars therein specified.Report of result of examination of air receiver 15. Written notice of an accident in a factory given under section seventy-six of the Act shall be in the form set out in Part X of the Schedule and shall contain the particulars therein specified.Notification of factory accident 16. Written notice of a dangerous occurrence in a factory given under section seventy-seven of the Act shall be in the form set out in Part X of the Schedule and shall contain the particulars therein specified.Notification of dangerous occurrence 17. Written notice of any case of industrial disease given under section seventy-eight of the Act shall be in the form set out in Part XI of the Schedule and shall contain the particulars therein specified.Notification of industrial disease 18. The abstract of the Act required by section eighty-five of the Act to be kept posted in a prominent position in every factory shall be in the form set out in Part XII of the Schedule.Abstract of Act to be kept posted in factory 19. The general register required by section eighty-six to be kept in respect of every factory shall be in the form set out in Part XIII of the Schedule and shall contain the particulars therein specified.General register SCHEDULE PRESCRIBED PARTICULARS AND FORMS PART I (Regulation 3) REPUBLIC OF ZAMBIA, DEPARTMENT OF LABOUR IDENTITY CERTIFICATE No. This is to certify that ................................ ................................................................. PHOTOGRAPH who is a .................................................. OF DATE ................................................................. HOLDER STAMP is an officer in the Department of
Labour. ............................................ Labour Commissioner ......................................... Signature of Holder This card must be handed in on leaving the Department. PART II (Regulations 4, 5 and 6) PARTICULARS OF A FACTORY WHICH ARE- TO BE ENTERED IN A REGISTER OF FACTORIES MAINTAINED BY THE LABOUR COMMISSIONER; OR TO BE SUBMITTED TO THE LABOUR COMMISSIONER BY THE OCCUPIER OF AN EXISTING FACTORY IN AN APPLICATION FOR REGISTRATION WITHIN THREE MONTHS OF THE COMMENCEMENT OF THE ACT; OR TO BE SUBMITTED TO THE LABOUR COMMISSIONER BY THE INTENDING OCCUPIER OF A NEW FACTORY IN AN APPLICATION FOR REGISTRATION OF THE PREMISES BEFORE THEY ARE OCCUPIED OR USED AS A FACTORY: 1. Name of the occupier, or intending occupier of the factory (including trading name-if any). 2. Postal address and situation (i.e. number in and name of street, road, etc., or plot number) of the factory. 3. Nature of the work carried on, or proposed to be carried on, in the factory. 4. Whether mechanical power is used or intended to be used and, if so, its nature. 5. Whether steam boilers are used or intended to be used and, if so, the following particulars in respect of each such boiler: (a) type, description and distinctive number; (b) country and year of manufacture; (c) date of last thorough examination and name of person by whom the examination was made; (d) the maximum permissible working pressure in bars. 6. (a) Total number of persons employed, or intended to be employed, in the factory.
(b) Where persons are employed, or intended to be employed, in shifts, the maximum number employed, or intended to be employed, at any one time. (As amended by S.I. No. 92 of 1974) PART III (Regulation 7) PARTICULARS TO BE SUPPLIED WITH, OR TO BE SHOWN ON, DRAWINGS (i.e. PLANS AND SECTIONS) OF- (1) NEW FACTORY BUILDINGS; (2) CONVERSION OF EXISTING BUILDINGS FOR USE AS A FACTORY; AND (3) EXTENSIONS OF EXISTING FACTORY BUILDINGS. 1. Materials to be used in the building; 2. Materials to be used in the roofing; 3. Provision for ventilation; 4. Provision for drainage; 5. Provision for natural and artificial lighting; 6. Provision of means of escape in case of fire; and 7. The particulars specified in Part II of this Schedule.
PART IV (Regulation 8) Labour Form F/17 Certificate No. ................. REPUBLIC OF ZAMBIA THE FACTORIES ACT (Section 30) THE FACTORIES (PRESCRIBED PARTICULARS AND FORMS) REGULATIONS (Regulation 8) CERTIFICATE OF APPOINTMENT AS A MACHINERY ATTENDANT .is hereby appointed a "machinery attendant" and authorised to carry out examinations or other operations at unfenced machinery in accordance with the provisions of section 30 of the Factories Act. Signature of Factory Occupier or Agent Date Name and postal address of Occupier Address of Factory
PART V (Regulation 9) Labour Form F/18 Report No. ................ REPUBLIC OF ZAMBIA THE FACTORIES ACT (Section 47 (2)) THE FACTORIES (PRESCRIBED PARTICULARS AND FORMS) REGULATIONS (Regulation 9) FORM PRESCRIBED FOR THE REPORT OF THOROUGH EXAMINATION OF HOIST OR LIFT AT INTERVALS NOT EXCEEDING SIX MONTHS (See Note on Legal Requirements and space for continuation of entries overleaf.) 1. Name and postal address of occupier 2. Address of factory or other premises where hoist or lift is situated 3. (a) Type of hoist or lift and identification number or description (b) Date of construction or reconstruction (if available) 4. DESIGN AND CONSTRUCTION. Are all parts of the hoist or lift of good mechanical construction, sound material and adequate strength (so far as ascertainable)? NOTE.-Details of any renewals or alterations required should be given in 7 below. 5. MAINTENANCE.
Are the following parts of the hoist or lift properly maintained and in good working order? If not, state what defects have been found. A separate answer is required for each part. (a) Enclosure of hoistway or liftway (b) Landing gates and cage gate(s) (c) Interlocks on the landing gates and cage gate(s) (d) Other gate fastenings (e) Cage or platform and fittings, cage guides, buffers, and interior of the hoistway or liftway (f) Over-running devices (g) Suspension ropes or chains, and their attachments (h) Safety gear, i.e. arrangements for preventing fall of platform or cage (i) Brakes (j) Worm or spur gearing (k) Other electrical equipment (l) Other parts 6. What parts (if any) were inaccessible? 7. Repairs, renewals or alterations required to enable the hoist or lift to continue to be used with safety- (a) immediately; (b) within a specified time, the said time to be stated (Continue entry overleaf if necessary) NOTE.-If no such repairs, renewals or alterations are required the word "NONE" is to be entered. 8. Defects (other than those specified at 7 above) which require attention (Continue entry overleaf if necessary)
9. Maximum safe working load subject to repairs, renewals or alterations (if any) specified at 7 10. Other observations (Continue entry overleaf if necessary) I/We (full name(s) in BLOCK CAPITALS) certify that on I/we thoroughly examined this hoist or lift and that the foregoing is a correct report of the result. Signature(s) Date ............................................. Qualifications Address(es) If employed by a Company, Firm or Association give your position in the Company, etc., and their name and address NOTE-This report is to be attached to the general register. (As amended by S.I. No. 92 of 1974) PART VI (Regulation 10) REGISTER OF CHAINS, ROPES AND LIFTING TACKLE, AND LIFTING MACHINES 1. Name of the occupier of the factory. 2. Postal address and situation (i.e. number in and name of street, road, etc., or plot number) of the factory. 3. Distinguishing number or mark and description sufficient to identify the chain, rope or lifting tackle, or the lifting machine. 4. Date (if after 1-5-67) when the chain, rope or lifting tackle, or the lifting machine, was first taken into use in the factory. 5. Date and number of the report of each thorough examination of a chain, rope or lifting tackle made under section 51 (1) (d) of the Act at least once in every period of six months, and the name, signature and address of the person by whom it was carried out. 6. Date and number of the report of each thorough examination of all parts and working gear whether fixed or movable, including the anchoring and fixing appliance, of a lifting machine made under section 52 (2) of the Act at least once in every period of fourteen months, and the name, signature and address of the person by whom it was carried out. 7. Particulars of any defect found at any examination specified in 5 and 6
above and affecting the safe working load, and of the steps taken to remedy such defect. 8. Date and number of the certificate relating to any test and thorough examination made under section 51 (1) (e) of the Act of a chain, rope or lifting tackle (except a fibre rope or fibre rope sling) before being taken into use, and the name, signature and address of the person who issued the certificate. 9. Date and number of the certificate relating to any test and thorough examination made under section 52 (6) of a lifting machine and its working gear before being taken into use, and the name, signature and address of the person who issued the certificate. 10. Date of annealing or other heat treatment of wrought iron chains or lifting tackle required by an inspector under section 51 (3) of the Act. PART VII (Regulation 11) Labour Form F/1 In all correspondence please quote this REPUBLIC OF ZAMBIA THE FACTORIES ACT (Section 55) THE FACTORIES (PLANT INSPECTION AND EXAMINATION FEES) REGULATIONS THE FACTORIES (PRESCRIBED PARTICULARS AND FORMS) REGULATIONS (Regulation 11) FORM PRESCRIBED FOR REPORT OF EXAMINATION OF STEAM BOILER, SUPERHEATER OR ECONOMISER WHEN COLD A fee of ................................................................. is due in respect of this examination. 1. Name of occupier . . . . . .2. Address of factory where boiler, superheater or economiser is situated . . . .3. Description and distinctive number of boiler, superheater or economiser . . . .4. Country and year of manufacture5. Fittings and attachments: (a) Are there proper fittings and attachments? . . . . . . (b) Are all fittings and attachments in in satisfactory condition (as far a ascertainable when not under pressure)? . . . . . .(a)6. Heating surface or grate
area(b)7. Date of last hydraulic test (if any) and pressure applied . .8. Boiler, superheater or economiser: (a) What examinations and tests were made? . . . . . . . . (b) Condition of boiler, superheater or economiser . . . . . . (c) What parts were inaccessible at this examination? . . . . . . (a) (b) External: (c) Internal: 9. Repairs (if any) required, and period within which they should be executed, and other conditions which the authorised inspector thinks it necessary to specify for securing safe working . . . . . .10. Other observations . . . . . .11. Maximum permissible working pressure calculated from dimensions and other data ascertained by the present examination, due allowance being made for conditions of working if unusual or exceptionally severe Where repairs affecting the working pressure are required, state the maximum permissible working pressure: (a) Before the expiration of the period specified in 9 . . . . . . (b) After the expiration of such period if the required repairs have not been completed . . . . . . . . . . . . (c) After the completion of the required repairs . . . . . . (a) (b) (c) I (full name in BLOCK CAPITALS) hereby declare that I am a duly authorised Inspector and that, subject to the reservation (noted
above) of certain points for examination under steam pressure, on 19 ....... the boiler above described was sufficiently scaled, prepared and (so far as its construction permits) made accessible for thorough examination and for such tests as were necessary for thorough examination, and that on the said date I thoroughly examined this boiler, including its fittings and attachments. I certify that the above is a true report of the result. ............................................................................. Signature of Authorised Inspector Date ................................................................................ .... Address ......................................................................... INVOICE Dr. to: THE GOVERNMENT OF THE REPUBLIC OF ZAMBIA Name: Address: Cheques or Postal Orders CROSSED "ACCOUNT PAYEE ONLY" for the amount indicated below made payable to the GOVERNMENT OF THE REPUBLIC OF ZAMBIA should be forwarded to the PERMANENT SECRETARY, MINISTRY OF LABOUR, P.O. Box, LUSAKA. This invoice must accompany your remittance. K Basic fee.. . . . . . . . . . . . . . . . . Additional fee for hydraulic test . . . . . . . . . . . . Additional fee for mileage, i.e., vessel not within 10 kilometres of prescribed boundaries . . Additional fee in respect of waiting time, i.e. ............. hours at 60 fee units per hour or part thereof as vessel was not prepared at appointed time . . . . . . . . ________ TOTAL AMOUNT DUE . . . . ________ General Receipt Number .............................................. dated ....................... 19 ......... attached. NOTE FOR OFFICIAL INFORMATION OF ACCOUNTANT ONLY: (i) The General Receipt Number must be quoted. (ii) The Invoice must be returned with Original General Receipt to the Addressee. (As amended by S.I. No. 92 of 1974 and Act No. 13 of 1994)
PART VIII (Regulation 12) BOILER BOOK Date commenced steamingDate discontinued steamingDates cleanedDates and nature of examinationsDetails of alterations or repairsSignature of person in charge of plant PART IX (Regulations 13 and 14) Labour Form F/2 In all correspondence please quote this REPUBLIC OF ZAMBIA THE FACTORIES ACT (Sections 57 and 58) THE FACTORIES (PLANT INSPECTION AND EXAMINATION FEES) REGULATIONS THE FACTORIES (PRESCRIBED PARTICULARS AND FORMS) REGULATIONS (Regulations 13 and 14) FORM PRESCRIBED FOR THE REPORT OF EXAMINATION OF STEAM RECEIVER OR AIR RECEIVER A fee of ....................................................... is due in respect of this examination. 1. Name of occupier . . . . . . . . . . 2. Address of factory where receiver is situate d . . . . 3. Description and distinctive number of receiver and type . . 4. Country and year of manufacture . . . . . . . . 5. Date of last hydraulic test (if any) and pressure applied . . 6. Maximum pressure of steam/air at source of supply to receiver 7. Receiver: (a) What parts (if any) were inaccessible? . . . . . . (b) What examinations and tests were made?.. . . . .
(c) Condition of receiver (state any defects materially affecting the maximum permissible working pressure or the safe working of the receiver). . . . . . . . (a) (b) (c) External: Internal: 8. Fittings: Is the receiver so constructed as to withstand with safety the maximum pressure of steam/air at source of supply? If not, are the required fittings and appliances provided in accordance with the Act? Are all fittings and appliances properly maintained and in good condition?. . . . . . . . 9. Repairs (if any) required, and period within which they should be executed, and any other conditions which the authorised inspector thinks it necessary to specify for securing safe working . . . . . . 10. Maximum permissible pressure calculated from dimensions and other data ascertained by the present examination, due allowance being made for conditions of working if unusual or exceptionally severe .. Where repairs affecting the working pressure are required, state the maximum permissible working pressure: (a) Before the expiration of the period specified in 9 . . . . . . . . (b) After the expiration of such period if the required repairs have not been completed . . (c) After the completion of the required repairs . . . . . . . . . . (a) (b)
(c) 11. Other observations . . . . . . . . . . . . . . . . I (full name in BLOCK CAPITALS) hereby declare that I am a duly authorised Inspector for the purposes of section 7 of the Factories Act and that, subject to the reservation (noted above) of certain points for examination under steam/air pressure, on 19 ....... I thoroughly examined, so far as the construction of the receiver permits, the steam/air receiver above described. I certify that the above is a true report of the result. .............................................................................. Signature of Authorised Inspector Date ................................................................................ Address .......................................................................... INVOICE Dr. to: THE GOVERNMENT OF THE REPUBLIC OF ZAMBIA Name: Address: Cheques or Postal Orders CROSSED "ACCOUNT PAYEE ONLY" for the amount indicated below made payable to the GOVERNMENT OF THE REPUBLIC OF ZAMBIA should be forwarded to the PERMANENT Secretary, Ministry of Labour, P.O. Box, Lusaka This Invoice must accompany your Remittance K Basic fee . . . . . . . . . . . . . . . . Additional fee for hydraulic test . . . . . . . . . . . . Additional fee for mileage, i.e., vessel not within 10 kilometres of prescribed boundaries . . Additional fee in respect of waiting time, i.e. ..................... hours at 60 fee units per hour or part thereof as vessel was not prepared at appointed time . . . . . . ________ TOTAL AMOUNT DUE . . . . ________ General Receipt Number .................................... dated .................................... 19 ....... attached.
NOTE FOR OFFICIAL INFORMATION OF ACCOUNTANT ONLY: (i) The General Receipt Number must be quoted. (ii) The Invoice must be returned with Original General Receipt to the Addressee. (As amended by Act No. 13 of 1994)
PART X (Regulations 15 and 16) Labour Form F/6 REPUBLIC OF ZAMBIA THE FACTORIES ACT (Sections 76 and 77) PRESCRIBED FORM OF WRITTEN NOTICE OF ACCIDENT OR DANGEROUS OCCURRENCE IN A FACTORY FOR OFFICIAL USEDistrict and date of receipt.NOTE.-For accidents occurring on building operations or works of engineering construction use Labour Form F/10.M.R. GROUP Ref. to 1. OCCUPIER OR EMPLOYER (a) Name of occupier of premises (b) Actual employer of injured person if other than above: Name Address 1. Serial No 2. M.W.B.G 3. Age Group 4. F.N.F.D.O. 2. PREMISES Situation and postal address of works where accident or dangerous occurrence happened: 4. (a) 4. (b) 5. Process 3. INDUSTRY Nature of industry 6. S.I.C 7. (a) Causation 4. EXACT PLACE
Exact place in the works where the accident or dangerous occurrence happened 7. (b) 7. (c) 5. INJURED PERSON (a) Injured person's full names (b) National Registration Number (c) Address (d) Age ................. (e) Sex ............... (f) Occupation (g) Hour at which person started work on day of accident 7. (d) 7. (e) 7. (f) 7. (g) 7. (h) 6. ACCIDENT OR DANGEROUS OCCURRENCE, DETAILS (a) Date ..................................... (b) Time (c) Full details of how accident or dangerous occurrence happened and what injured person was doing at the time. If a fall of a person, materials, etc., state height of fall (if necessary continue overleaf) 7. (j) 7. (k) 7. (l)
8. Occupation 9. Injury Nature I Site 10. 11. 12. 13. (d) If due to machinery, state- (i) Name and type of machine and name of part causing accident (ii) Whether in motion by mechanical power at the time (iii) If caused by crane or other lifting machine, and specify type 7. NATURE AND EXTENT OF INJURIES Details (e.g. fractured left leg, scalded right arm followed by sepsis, etc.) 8. RESULT OF ACCIDENT (a) Did accident result in death? (b) If not fatal, was injured person disabled for more than three days from* earning full wages at the work at which he was employed? *NOTE.-Even if injured person has been paid full wages while off work, or while working on a lighter job than his usual work, he has not earned those full wages and the accident should be reported on the fourth day after its occurrence. 9. Has accident (or dangerous occurrence) been entered in the- General Register? Signature of Occupier, Employer or Agent................................. Date ........................................................
PART XI (Regulation 17) Labour Form F/9 REPUBLIC OF ZAMBIA THE FACTORIES ACT (Section 78) FORM OF REPORT ON INDUSTRIAL DISEASE TO BE SENT BY OCCUPIER OF FACTORY TO AN INSPECTOR OF FACTORIES 1. Name of occupier 2. Situation and postal address of factory 3. Nature of industry 4. Nature of disease 5. Particulars of person: (a) Full names (b) National Registration Number (c) Address (d) Age .......................... (e) Sex.................... (f) Occupation 6. Nature of person's employment at time disease was contracted 7. By whom diagnosed and on what date Date................................................................ Signature ................................................................................ .................
PART XII (Regulation 18) Labour Form F/30 REPUBLIC OF ZAMBIA THE FACTORIES ACT (Section 85) ABSTRACT OF THE ACT IN FORM PRESCRIBED BY THE MINISTER (To be kept posted in a prominent position in every factory) INSPECTOR OF FACTORIES (To whom communications relative to the Act should be addressed) Address Telephone LABOUR OFFICER Address .Telephone Name of Occupier Postal Address HEALTH 1. Cleanliness. Every factory must be kept clean. In particular, accumulations of dirt and refuse must be removed daily from floors and benches; the floor of every workroom must be cleaned at least once a week and, where wet processes are carried on, adequate means for draining the floor must be provided. All inside walls, partitions and ceilings must-(i) if they have a smooth impervious surface, be washed with hot water and soap or cleaned by other approved method every 14 months, or (ii) if kept painted in a prescribed manner or varnished, be repainted or revarnished at least once every 7 years and washed with hot water, etc., every 14 months, or (iii) in other cases, be whitewashed or colourwashed every 14 months (Section 19). The prescribed particulars must be entered in the General Register (Sections 19 and 86). 2. Overcrowding. A factory must not be overcrowded. There must be in each workroom at least 12 cubic metres of space for every person employed, not counting space more than 4 metres from the floor.
3. Every workroom must not be less than 3.048 metres in height, measured from the floor to the lowest point of the ceiling or, where there is no ceiling, to the lowest point of the roofing material (Section 20). 4. Ventilation. Adequate ventilation of workrooms must be secured by the circulation of fresh air. All practicable measures must be taken to protect workers against inhalation of dust, fumes or other impurities likely to be injurious or offensive, and local exhaust ventilation must be provided and maintained where practicable (Sections 21 and 69). 5. Lighting. There must be sufficient and suitable lighting in every part of the factory in which persons are working or passing (Section 22). 6. Sanitary Conveniences. Sufficient and suitable sanitary conveniences, separate for each sex, must be provided. The conveniences must be maintained and kept clean and effective provision must be made for lighting them (Section 23). 7. Meals in Certain Dangerous Trades. A person must not partake of food or drink in workrooms where any poisonous substance is so used as to give rise to dust or fume (Section 70). 8. Protective Clothing, Appliances and Screening. Suitable protective clothing and appliances including, where necessary, suitable gloves, footwear, goggles and head coverings, must be provided and maintained for the use of workers employed in any process involving excessive exposure to heat, cold or wet or to any poisonous or other injurious or offensive substance. 9. Suitable goggles or effective screens must be provided to protect the eyes of persons employed in any process likely to entail injury to the eyes and screening or other effective provision must be made to protect the eyes of any person exposed to electric arc welding flash (Section 71). 10. Lifting Excessive Weights. No one must be employed to lift, carry or move any load so heavy as to be likely to cause injury (Section 72). 11. Notification of Industrial Diseases. Cases of poisoning by lead, phosphorus, arsenic, mercury, carbon bisulphide, manganese, cyanide or aniline; chronic poisoning by benzene; compressed air illness; anthrax; toxic jaundice due to tetrachlorethane or nitro- or amido- derivatives of benzene or other poisonous substance; toxic anaemia, epitheliomatus ulceration, and chrome ulceration must forthwith be reported to an Inspector of Factories and entered in the General Register (Section 78). SAFETY 12. Fencing. Every part of the transmission machinery and every dangerous part of other machinery, and all parts of electric generators, motors, rotary converters, and flywheels directly connected to them, must be securely fenced unless in such a position or of such construction as to be as safe to every person employed or working on the premises as if securely fenced; and any part of a stock-bar which projects beyond the head-stock of a lathe must be securely fenced unless it is in such a position as to be as safe to every such person as if securely fenced. A male person over 18 may, however, approach unfenced machinery in motion in certain strictly limited contingencies and subject to the strict conditions specified in the Act (Sections 27 to 30).
13. Moving parts of other prime movers, and flywheels directly connected to them, and the head and tail race of a water wheel or water turbine, must be securely fenced irrespective of their position (Section 27). 14. Fixed vessels, pits, etc., containing scalding, corrosive or poisonous liquids, or any molten metal must, unless the edge is 1 metre above the adjoining ground or platform, be securely fenced to at least that height or be securely covered; where this is impracticable, other precautions, so far as practicable, must be taken. Where any such vessel is not securely covered, no ladder, stair or gangway may be placed above, across or inside it which is not at least 500 millimetres wide and securely fenced to a height of at least 1 metre and securely fixed. Where any such vessels adjoin each other, and the space between them is either less than 500 millimetres or is not securely fenced to at least 1 metre, barriers must be placed so as to prevent passage between them. Every vessel, pit, etc., must have a clear warning notice bearing in red letters in English and in at least one vernacular language commonly used by the employees, the word "DANGER" (Section 33). 15. All fencing must be of substantial construction and be maintained in an efficient state (Section 31). 16. Further Requirements in Connection with Transmission Machinery. Devices or appliances for promptly cutting off the power from the transmission machinery must be provided in every room or place where work is carried on. Every power-driven machine must be provided with an efficient starting and stopping appliance, the control of which must be readily accessible to the person operating the machine. Efficient mechanical appliances must be provided to move driving belts to and from fast and loose pulleys. Driving belts must not rest or ride on revolving shafts when the belt is not in use (Section 28). 17. New Machines. New power-driven machines must not be sold, let on hire, or used unless certain parts are effectively guarded (Section 32). 18. Self-acting Machines. Precautions are required to ensure that persons are not trapped between moving parts of a self-acting machine and any separate fixed structure or between moving and stationary parts of the machine (Section 34). 19. Training and Supervision of Inexperienced Workers. A person must not work at any dangerous machine or in any dangerous process unless-(i) he has been fully instructed as to the dangers and precautions, and (ii) he has received sufficient training in the work or is under adequate supervision (Section 35). 20. Construction of Floors, Stairs, etc. Floors, steps, stairs, passages and gangways must be soundly constructed, properly maintained and, so far as is reasonably practicable, kept free from obstruction and any substance likely to cause persons to slip. Handrails must be provided for stairs. All ladders must be soundly constructed and properly maintained and be properly secured to prevent slipping, have effective anti-skid devices, or be firmly held by a person stationed at the foot. Openings in floors shall, wherever practicable, be securely fenced (Section 36). 21. Safe Means of Access and Place of Work. So far as is reasonably practicable- (i) there must be provided safe means of access to every place at which any person has at any time to work, (ii) every such place must be made and kept safe for anyone working there, (iii) fencing or other means must be
provided to ensure the safety of any person who is to work at a place from which he would be liable to fall more than 2 metres and which does not afford secure foothold and, where necessary, secure handhold (Section 37). 22. Precautions Against Gassing or Lack of Oxygen. Special precautions are laid down for work in confined spaces where men are liable to be overcome by dangerous fumes or by lack of oxygen in the air (Section 38). 23. Explosion or Fire of Inflammable Dust or Gas. Precautions against explosion or fire are laid down for certain processes and for welding or soldering of (or other operations involving the application of heat to) containers which hold or have held any explosive or inflammable substance (Section 39). 24. Fire. Appropriate means for fighting fire must be provided and maintained and kept readily available in every factory irrespective of the number of persons employed. Persons trained in the correct use of such means must be present while work is going on in the factory. All highly inflammable substances must be stored in a fire-resisting store or in a safe place outside any occupied building. No fire, flame, smoking or other agency likely to ignite volatile inflammable substances is to be permitted where it may ignite such substances. 25. Adequate means of escape in case of fire must be provided in every factory. The contents of workrooms must be so arranged that there is a free passageway to the means of escape. While any person is in any factory for the purpose of employment or meals, doors must not be so locked or fastened that they cannot be easily and immediately opened from the inside. Any door which opens on to a staircase or corridor from any room in which more than 10 persons are employed must open outwards unless it is a sliding door. Exit doors at the foot of staircases must open outwards unless they are sliding doors. Adequate landings must be provided at doors giving access to stairways. All fire exits must be distinctively and conspicuously marked by a notice printed in red letters of adequate size. Hoistways and liftways inside buildings constructed after the 1st May, 1967, must be completely enclosed with fire-resisting materials and the means of access to them must be fitted with fire-resisting doors except that the top of unvented hoistways and liftways must be enclosed by material easily broken by fire. 26. Where more than 20 persons are employed in the same building effective fire alarms must be provided and maintained. Effective alarms must also be provided where explosive or highly inflammable materials are stored or used even if less than 20 persons are employed in the building. Alarms must be tested and examined every three months and a report entered in or attached to the General Register (Section 86). In factories employing more than 20 workers in the same building above the first floor or more than 6 metres above ground level, effective steps must be taken to ensure that all workers are familiar with the means of escape and their use and the routine to be followed in case of fire. These precautions must also be taken where explosive or highly inflammable materials are stored or used even if less than 20 persons are employed in the building (Sections 40 to 45). 27. Hoists or Lifts. Every hoist or lift must be of good mechanical construction, sound material and adequate strength and must be properly maintained. It must be thoroughly examined every six months by a competent person whose report must be entered in or attached to the General Register.
28. Every hoistway or liftway must be efficiently protected by a substantial enclosure and landing gates with efficient interlocking or other devices. The safe working load must be marked conspicuously on each hoist. Additional safeguards (e.g. devices to prevent over-running, interlocking gates for cages and devices to support the platform or cage if hoisting ropes or attachments should break) must be provided on hoists or lifts used for carrying persons, whether with goods or otherwise. The requirements are somewhat less stringent in the case of hoists or lifts constructed before the 1st May, 1967; hoists not connected with mechanical power, and continuous hoists. 29. Every teagle opening or similar doorway used for hoisting or lowering goods must be fenced (except when the hoisting or lowering is going on at that opening) and be provided with a secure handhold on each side of the opening (Sections 47 to 49). 30. Chains, Ropes and Lifting Tackle. No chain, robe or lifting tackle used for raising or lowering persons, goods, materials or plant may be used unless it is of good construction, sound material, adequate strength, suitable quality and free from patent defect. Tables of safe working loads must be posted in the stores and elsewhere, but need not cover any lifting tackle the safe working load of which is marked on the tackle itself. No tackle shall be used for any load exceeding its stated safe working load (except when being tested by a competent person). Chains, ropes and lifting tackle must be thoroughly examined by a competent person every six months, and must not (excepting fibre ropes and fibre rope slings) be taken into use for the first time in the factory unless they have been tested and certified. 31. An Inspector of Factories may require wrought iron chains or lifting tackle to be annealed or otherwise treated by heat at specified intervals. 32. A register of all chains, etc., and also the certificates of tests and reports of examinations must be kept (Sections 51 and 53). 33. Cranes and Other Lifting Machines. All parts and working gear (including anchoring appliances) of cranes and other lifting machines must be of good mechanical construction, sound material, adequate strength and free from patent defect, and must be properly maintained. A thorough examination of all such parts and gear by a competent person must be made every 14 months. A lifting machine must not be taken into use for the first time in the factory unless it has been tested and certified. A register of examinations and tests must be kept. The safe working load or loads must be shown on every lifting machine: in the case of cranes with a derricking jib, an automatic indicator or a table of safe working loads must be attached to the crane. No lifting machine shall be loaded above its stated safe working load (except when being tested by a competent person). 34. Rails and tracks of travelling cranes and transporters must be of proper size and construction. If any person is working near the wheel track of an overhead travelling crane, steps must be taken to ensure that the crane does not approach within 6 metres of the person. Effective measures must be taken to give warning of the approach of such a crane to anyone working above floor level and liable to be struck by it or its load (Sections 52 and 53). 35. Steam Boilers, Steam Receivers, etc. Every part of every steam boiler and steam receiver must be of good construction, sound material, adequate strength and free from patent defect. Detailed requirements are laid down as to the valves and other fittings. The outlet of every steam container must at all
times be kept open and free from obstruction. 36. Steam boilers and steam receivers and their fittings must be properly maintained and must be thoroughly examined by a Government Inspector or other person authorised by the Labour Commissioner, in the case of boilers every 18 months and after extensive repairs, and in the case of steam receivers every 36 months. New boilers must have manufacturers' certificates. A report of each examination of a steam boiler or a steam receiver must be attached to the Boiler Book. 37. Every steam boiler attendant must be properly instructed in his duties. 38. No modification, unless sanctioned by the manufacturer, must be made to any pressure part of any steam boiler or steam receiver until an Inspector has been notified in writing (Sections 54 to 57 and 60). 39. Air Receivers. Every air receiver and its fittings must be of sound construction and properly maintained. Detailed requirements are laid down as to the fittings. 40. Air receivers must be thoroughly cleaned, and be examined or tested by a Government Inspector or other person authorised by the Labour Commissioner every 36 months, and a report entered in or attached to the General Register (Sections 58 and 86). 41. No modification, unless sanctioned by the manufacturer, must be made to any pressure part of any air receiver until an Inspector has been notified in writing (Section 60). 42. Notification of Accidents and Dangerous Occurrences. Accidents causing loss of life or disabling a worker for more than three days from earning full wages at the work at which he was employed must be reported forthwith to an Inspector of Factories and entered in the General Register. 43. Certain dangerous occurrences must also be reported whether disablement is caused or not, e.g., the bursting of a revolving vessel, wheel, grindstone or grinding wheel moved by mechanical power, the collapse or failure of a crane, hoist or other lifting appliance or any part thereof, or the overturning of a crane; and explosions or fires in certain circumstances (Sections 76, 77 and 86). WELFARE 44. Drinking Water. An adequate supply of wholesome drinking water must be provided (Section 63). 45. Washing Facilities. Adequate and suitable washing facilities and suitable means of drying must be provided and maintained in a clean and orderly condition (Section 64). 46. Accomodation for Clothing. Adequate and suitable accommodation for clothing not worn during working hours, and for protective clothing, must be provided and maintained. 47. The Minister may by order direct that adequate change rooms shall be
provided and maintained in any factory where he considers such rooms are necessary (Section 65). 48. Facilities for Sitting. Where any employed persons (irrespective of sex) have in the course of their employment reasonable opportunities for sitting without detriment to their work, there must be provided for their use suitable facilities sufficient to enable them to take advantage of those opportunities. There are detailed requirements as to seats and sitting arrangements for work of which a substantial proportion can properly be done sitting (Section 66). 49. First-aid. In every factory there must be provided a first-aid box or cupboard of the prescribed standard, containing nothing except first-aid requisites, and in charge of a responsible person who must always be readily available during working hours. In every workroom a notice must be affixed stating the name of the person in charge of the box or cupboard provided in respect of that room. Where more than 100 persons are employed at one time, an additional box or cupboard for every additional 100 persons or fraction of that number is required. 50. In factories where more than 50 persons are employed the responsible person in charge of the first-aid box or cupboard must satisfy prescribed conditions as to training in first-aid treatment (Section 67 and Regulations). GENERAL 51. Registration. Before any premises are occupied or used as a factory, a Certificate of Registration must be obtained from the Labour Commissioner (Sections 11 to 15). 52. Special Regulations for Safety, Health and Welfare made for particular factories, industries, processes, plant, etc., must be observed, and printed copies of all such regulations, or prescribed abstracts thereof, in force in any factory must be kept posted in the factory (Section 85). 53. General Register. The occupier must keep a General Registry in the prescribed form (Section 86). 54. Duties of Persons Employed. A person employed must not wilfully interfere with or misuse any means, appliance, convenience or other thing provided in pursuance of the Act for securing health, safety or welfare and he must use any means or appliance for securing health or safety provided for his use under the Act. He must not wilfully and without reasonable cause do anything likely to endanger himself or others (Section 89). 55. These special duties supplement the general duty of employed persons not to commit breaches of the Act even though the employer may be primarily responsible for seeing that they are observed: where an act or default for which a factory occupier or owner is liable under the Act is in fact the act or default of some other person (e.g., an agent or worker) that person can be prosecuted and is liable to the same fine as the occupier or owner (Section 93). 56. Inspection. Inspectors have power to enter, inspect and examine every part of a factory by day or by night. They may require the production of registers, certificates and other papers. They may examine any person found in the factory, either alone or in the presence of any other person as they think fit, and may require him to sign a declaration of the truth of the matters about which he is examined. They may also exercise such other power as may be
necessary for carrying the Act into effect, including certain powers of taking samples for analysis. Every person obstructing an Inspector is liable to a penalty (Sections 7, 8, 9 and 75). (As amended by S.I. No. 92 of 1974) PART XIII REPUBLIC OF ZAMBIA THE FACTORIES ACT (Section 86) THE FACTORIES (PRESCRIBED PARTICULARS AND FORMS) REGULATIONS (Regulation 19) GENERAL REGISTER FOR FACTORIES This register must be kept available for inspection by Inspectors of Factories for two years after the date of the last entry therein SECTION A. GENERAL. Name of occupier (In the case of a firm which is not a Limited Company, the names of each proprietor or partner should be entered) Postal address of factory Registered office address (If different from above) Situation of factory (i.e., number in, or plot number, and name of street, road, etc.) Nature of work carried on. REPORTS AND CERTIFICATES REQUIRED TO BE ATTACHED TO THE GENERAL REGISTER CERTIFICATE OF REGISTRATION OF THE FACTORY No. of Certificate ................................................................ Date of issue
Such documents should be attached to the gummed slips at the beginning or end of this Register, or if the space is insufficient, they may be kept, apart from other papers, in a separate cover attached to this Register. When a new Register is taken into use, reports and certificates still current or in operation should be transferred to the new Register. }Other Certificates issued by the Labour Commissioner or Chief Inspector of Factories (Indicate nature of certificate) Date of Certificate
Name(s) of person(s) (if any) appointed under section 30 of the Factories Act to carry out examinations or operations at unfenced machinery in accordance with the provisions of that section. (The certificate(s) of appointment must be attached to this Register and a signed copy furnished to each person so appointed) Date of appointment Signature of occupier ................................................................................ .. Date 19 ........ SECTION B. WASHING, PAINTING, WHITEWASHING, ETC. DatesParts washed, whitewashed or colourwashed, painted, varnished, or otherwise treated on the dates specified in columns (1) to (3) Name and address of the person by whom the work specified in columns (4) and (5) was done (6) Day (1) Month (2) Year (3) Parts of factory treated (4)Full particulars of treatment given (5)
SECTION C. TESTING OR EXAMINATION OF FIRE WARNING SYSTEMS Description of warning system (1) Date of test or examination (2) Particulars of defects found (3)Particulars of action taken to remedy defects (4) Date action taken (5) Signature of person making examination (6)
SECTION D. ACCIDENTS AND DANGEROUS OCCURRENCES Date of accident or occur- rence (1)Date of notice sent on Form F/6 to Inspector of Factories (2) Name of person injured (3) Sex (4) Age (5) Usual employment (6) Precise occupation at time of accident (7) How caused e.g. whether by machinery in motion and by what part of such machinery (8) Nature of injury and whether fatal or not (9) Period of disablement (10)
SECTION E. CASES OF INDUSTRIAL DISEASEDate of notice sent on Form F/9 to Inspector of Factories (1)Person affected Occupation (5) Name of disease (6) Name of examining medical practitioner (7) Period of incapacity; if fatal, state "FATAL" (8) REMARKS (9) Name (2) Sex (3) Age (4)
SECTIONS 74 AND 105-THE FACTORIES (PLANT INSPECTION AND EXAMINATION FEES) REGULATIONS.Statutory Instrument 61 of 1997 Act No. 13 of 1994 1. (1) These Regulations may be cited as the Factories (Plant Inspection and Examination Fees) Regulations.Title and application (2) These Regulations shall apply to factories, building operations and works of engineering construction. 2. Every steam boiler, steam receiver and air receiver shall be inspected periodically as stipulated under Part VIII of the Act.Times of inspection 3. When any steam boiler, steam receiver or air receiver is inspected or examined by any inspector or other person authorised by the Commissioner, the appropriate fee specified in Part I and II of the Schedule to these Regulations shall be paid in respect of each inspection or examination.Fees payable on inspection of steam boiler, steam receiver or air receiver 4. When any steam boiler, steam receiver or air receiver is due for inspection or examination by an inspector or any person authorised by the Commissioner, the owner or user of any such vessel or the occupier of the premises in which such vessel is used shall be notified by a registered letter of the date and time when such inspection or examination shall be carried out and any such letter shall be sent to the owner, user or occupier, as the case may be, at least ten days before the proposed date of inspection.Notification of intended inspection 5. Where an inspector or any person authorised by the Commissioner has arranged to inspect or examine a plant on a date and a time specified in a registered letter but is unable to carry out the inspection or examination at the prescribed time because of lack of preparation on the part of the owner, user or occupier, such owner, or user or occupier shall be liable to the following surcharges: (a) where preparations may be made to allow the plant to be inspected or examined within one hour of the prescribed time, a surcharge of K25,000.00 per hour or pro rata shall be added to the basic fee chargeable for the inspection or examination; (b) where preparations cannot be made to allow the inspection or examination to be carried out within one hour of the prescribed time, a surcharge equal to the basic fee shall be chargeable whether or not the inspection or examination is carried out immediately after the expiry of one hour; or (c) where an inspection or examination cannot be carried out for any reason whatsoever, the inspector shall in addition to the surcharge, issue an Inspection Report showing a "Nil" entry against "Maximum Permissible Pressure" in respect of the steam boiler, steam receiver or air receiver to be inspected or examined and such Inspection Report shall remain in force until such time as further arrangements can be made to inspect or examine such steam boiler, steam receiver or air receiver.Surcharge payable when steam boiler, etc, is not prepared for examination at specified time
6. The Factories (Plant Inspection and Examination Fees) Regulations, 1995 are hereby revoked.Revocation of S.I. No. 124 of 1995 SCHEDULE (Paragraph 3) PART I BASIC FEE 1. Steam Boilers (1) Boiler having a grate area of (or evaporation Fee units rate of steam per hour) K (a) less than 1 square metre (1000 kg or less) . . . . . 1139 (b) not less than 1 square metre but less than 2 square metres . . . . . . . . . . 1139 (c) 2 square metres or more (2000 kg or more) . . . . . . 1167 (2) Boilers having no normal grate, in the case of a boiler with heating surface of- (a) less than 25 square metres (less than 5000 kg) . . . . . . 1222 (b) not less than 25 square metres but less than 55 square metres (more than 5000 kg but less than 10,000 kg) . . . . . . . . . . 1278 (c) 55 square metres or more (10,000 kg or more) . . . . . . 1389 (3) Each economiser, each super-heater (when carried out separately from the boiler examination) . .. . . . . . . . 1167 (4) Each steam tube oven or steam tube hot plate . . . . 1139 2. Electrically heated boilers Boilers having a diameter of- (a) less than 1 square metre (less than 100 litres) . . . . 1139 (b) not less than 1 square metre but less than 2 square metres (more than 1000 litres but less than 2000 litres or more) . . . . . . . . . . 1222
(c) Steam Receivers receivers having a diameter of- (i) less than 450 mm (less than 1000 litres) . . . . . . . . 1139 (ii) more than 450 mm (but less than 1500 litres) . . . . . . 1194 (iii) 750 mm or more (1500 litres or more) . . . . . . . . 1222 3. Steam Receivers Receivers having a diameter of- (a) more than 450 mm (less than 1000 litres) . . . . . . 1139 (b) more than 450 mm less than 1500 litres . . . . . . . . 1194 (c) 750 mm or more (1500 litres or more) . . . . . . . . 1222 4. Air Receivers Receivers having a diameter of- (a) less than 450 mm (less than 1000 litres) . . . . . . . . 1139 (b) more than 450 mm but less than 750 mm (more than 1000 litres but less than 1500 litres) . . . . . . 1194 (c) 750 mm or more (1500 litres or more) . . . . . . . . 1222 PART II Fee units K 1. Each hydraulic test of a steam boiler, steam receiver or air receiver. . . . . . . . . . . 25 per centum of the appropriate basic fee 2. Each inspection or examination of steam boiler, steam receiver or air receiver under normal pressure (when carried out at the request of the owner, user or occupier) . . . . 10 per centum of appropriate basic fee 3. Each inspection or examination of steam boiler, steam receiver or air receiver other than inspections or examinations arranged out by registered letters (when carried out at the request of the owner, user or occupier) . . . . . . 100 per centum of appropriate basic fee
4. Each inspection or examination carried out anywhere in Zambia, except within a radius of 10 kilometres of an established factories . . . . . . . . 25 per centum of the appropriate basic fee (As amended by Act No. 13 of 1994) SECTION 74-THE FACTORIES (BENZENE) REGULATIONS Regulations by the Minister Statutory Instrument 179 of 1978 158 of 1993 1. These Regulations may be cited as the Factories (Benzene) Regulations, and shall apply to all factories where benzene or products containing benzene are manufactured, handled or used.Title and application 2. In these Regulations, unless the context otherwise requires-Interpretation "benzene" means the aromatic hydrocarbon benzene C6H6; "products containing benzene" means products the benzene content of which exceeds one per cent by volume. 3. Whenever harmless or less harmful substitute products are available, such products shall be used instead of benzene or products containing benzene.Restriction on use of benzene 4. The provisions of regulation 3 shall not apply to- (a) the production of benzene; (b) the use of benzene for chemical synthesis; (c) the use of benzene in motor fuel; or (d) analytical or research work carried out in laboratories.Exceptions 5. In any factory where persons are exposed to benzene or products containing benzene, the concentration of benzene in the air in such factory shall not exceed twenty-five parts per million (80 mg/m3).Restriction on concentration of benzene in air 6. All necessary measures shall be taken to prevent the escape of benzene vapour into the air in work rooms where benzene or products containing benzene are manufactured, handled or used.Prevention of escape of vapour 7. (1) Work processes involving the use of benzene or products containing benzene shall be carried out in an enclosed system.Work to be carried out in enclosed area (2) Where it is not practicable for the work processes to be carried out in an enclosed system as stated in sub-regulation (1), efficient means shall be provided to ensure the removal of benzene vapour. (As amended by S.I. No. 158 of 1993)
8. Any person who may have skin contact with benzene or products containing benzene shall be provided with adequate means of personal protection against the risks of absorbing benzene through the skin.Protection against skin contact 9. Any person who for special reasons may be exposed to concentration of benzene in the air which exceeds the maximum referred to in regulation 5 shall be provided with adequate means of personal protection against the risks of inhaling benzene vapour.Protection against benzene vapour 10. Every person exposed to benzene or products containing benzene shall be provided with suitable protective clothing which, together with the means of protection referred to in regulations 8 and 9, shall be cleaned and maintained by the employer.Protective clothing 11. Every person supplied with means of personal protection or protective clothing shall use them at all times during working hours.Use of protective clothing 12. No food shall be taken into or consumed in work rooms in which benzene or products containing benzene are manufactured, handled or used.Prohibition of consumption of meals in work rooms 13. All factories where benzene or products containing benzene are manufactured, handled or used shall be equipped with- (a) sufficient and suitable washing facilities; (b) suitable accommodation for taking meals, unless appropriate arrangements exist for meals to be taken elsewhere; and (c) change rooms where work clothes can be stored separately from the ordinary clothes.Washing and eating facilities 14. (1) Every person employed in processes involving exposure to benzene or products containing benzene shall undergo- (a) a pre-employment medical examination for fitness which shall include a blood test; and (b) periodical re-examination at intervals not exceeding twelve months which shall include biological and blood tests.Medical examinations (2) The medical examinations referred to in sub-regulation (1) shall be carried out during working hours under the supervision of a qualified physician. (3) Such medical examinations shall not involve the employed person in any expense. 15. Any woman medically certified as pregnant and any nursing mother shall not be employed in work processes involving exposure to benzene or products containing benzene.Employment of pregnant and nursing mothers 16. Young persons under the age of eighteen years shall not be employed in work processes involving exposure to benzene or products containing benzene except where they are undergoing education or training and are under adequate technical and medical supervision.Employment of persons under age
17. Benzene or products containing benzene shall only be brought into work rooms in containers which are of suitable material and of adequate strength and so designed and constructed as to prevent any leakage or escape of vapours.Benzene containers 18. The word "Benzene" shall be clearly labelled and be visible on any container holding benzene or products containing benzene.Labelling of containers 19. Persons employed in factories where benzene or products containing benzene are manufactured, handled or used shall receive appropriate training and instructions on measures to safeguard health and prevent accidents as well as taking necessary action in case of benzene poisoning.Training of employees 20. In factories where benzene or products containing benzene are manufactured, handled or used, notices shall be displayed in prominent positions indicating- (a) the hazards which are likely to happen; (b) preventive measures to be taken; (c) protective equipment to be used; and (d) first-aid measures to be taken in case of benzene poisoning.Display of notices 21. Any person who contravenes any of the provisions of these Regulations shall be guilty of an offence and be liable on conviction to the penalties prescribed in section ninety-two of the Factories Act.Offences and penalties REPUBLIC OF ZAMBIA THE ZAMBIA INSTITUTE OF ARCHITECTS ACT CHAPTER 442 OF THE LAWS OF ZAMBIA CHAPTER 442 THE ZAMBIA INSTITUTE OF ARCHITECTS ACTCHAPTER 442 THE ZAMBIA INSTITUTE OF ARCHITECTS ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation PART II THE ZAMBIA INSTITUTE OF ARCHITECTS
3. Establishment of Institute 4. Functions of Institute 5. Classes of Membership 6. Corporate member 7. Honorary member 8. Life member 9. Foreign member 10. Student member 11. Designation of members 12. Member of Institute before commencement of Act to be member of Institute in corresponding class 13. Subscription fees PART III COUNCIL OF THE ZAMBIA INSTITUTE OF ARCHITECTS 14. The Council of Zambia Institute of Architects 15. Functions of council 16. Committees 17. Registration Committee 18. Functions of Registration Committee 19. Membership Committee 20. Functions of the Membership Committee 21. Disciplinary Committee 22. Functions of Disciplinary Committee 23. Powers of Disciplinary Committee 24. Proceedings of Committees 25. Professional misconduct 26. Penalties to be imposed by Disciplinary Committee 27. Appeals from Disciplinary Committee PART IV
REGISTRATION OF ARCHITECTS 28. Registration of architects 29. Qualification for registration of architects 30. Disqualification of architects 31. Exemption from registration 32. Practising certificate and seal 33. Cancellation of practising certificate 34. Appeals 35. Offences relating to practising certificate 36. Offences relating to registration PART V MISCELLANEOUS 37. Professional fees 38. Regulations 39. Savings 40. Repeal of Cap. 825 FIRST SCHEDULE THE COUNCIL 1. Functions of Council 2. Composition of Council 3. Election of Members 4. Tenure of office and vacancy 5. Seal of Council 6. Proceedings of Council 7. Disclosure of interest 8. Staff of Council SECOND SCHEDULE SAVINGS AND TRANSITIONAL PROVISIONS 1. Interpretation
2. Former registered members to be members of Institute 3. Staff of former Board 4. Liabilities and obligations 5. Proceedings 6. Conditions of engagement CHAPTER 442 ZAMBIA INSTITUTE OF ARCHITECTSAct No. 36 of 1995 An Act to provide for the establishment of the Zambia Institute of Architects; to provide for the functions of the Institute; to constitute the Council of the Zambia Institute of Architects; to provide for the qualifications for membership and registration of architects; and to provide for matters connected with or incidental to the foregoing. [29th December, 1995] PART I PRELIMINARY 1. This Act may be cited as the Zambia Institute of Architects Act.Short title 2. In this Act, unless the context otherwise requires-Interpretation "allied professional" means landscape architects, interior designers, urban designers or project or building managers; "committee" means a committee of the Council established under section sixteen; "Council" means the Council of the Zambia Institute of Architects constituted by section fourteen; "Disciplinary Committee" means the Disciplinary Committee established under section twenty-one; "foreign firm" means an architectural firm registered outside Zambia; "Honorary-Secretary" means a person elected Honorary-Secretary under paragraph two of the First Schedule; "Honorary-Treasurer" means a person elected Honorary-Treasurer under paragraph two of the First Schedule; "Institute" means the Zambia Institute of Architects established under section three;
"Past President" means a person who has held the office of President before the commencement of this Act; "practising certificate" means a certificate issued under section thirty-two authorising a person to practise as an architect; "President" means a person elected President of the Council under paragraph two of the First Schedule; "Vice-President" means the person elected as Vice-President of the Council under paragraph two of the First Schedule; "profession" means the architectural and allied profession; and "registered architect" means a person registered under section twenty-eight and engages in the planning or supervision of, and erection or alteration of a building exceeding one hundred and twenty square metres. PART II THE ZAMBIA INSTITUTE OF ARCHITECTS 3. There is hereby established the Zambia Institute of Architects which shall be a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name, and with power, subject to the provisions of this Act, to do all such acts and things as a body corporate may by law do or perform.Establishment of Institute 4. The functions of the Institute shall be to- (a) promote the general advancement of architecture and to facilitate the acquiring of knowledge in architecture and the allied professions; (b) provide for the registration of architects; (c) promote good architectural practice; (d) maintain and improve the standards and conduct of architects; (e) consider allegations of professional misconduct of architects; and (f) do all other things incidental, or conducive, to the attainment of the functions of the Institute.Functions of Institute 5. There shall be five classes of membership of the Institute namely, corporate, honorary, life, foreign and student member.Classes of Membership 6. (1) A corporate member shall be a person who qualifies to be registered as an architect under section twenty-nine;Corporate member (2) A corporate member shall vote and may contest for any Council position at a General Meeting. 7. The President shall nominate any person to be an honorary member and that person shall be approved by the Council if he has- (a) distinguished himself in the architectural or allied professions; or
(b) rendered exceptional and important services relating to the architectural or allied profession.Honorary member 8. A life member shall be- (a) a retired corporate member; and (b) a person who has made outstanding contributions to the profession.Life member 9. A foreign member shall be a person who decides to practise the profession outside Zambia and, except for subsection (a) of section twenty-nine, qualifies to be a corporate member.Foreign member 10. (1) A person may on application to the Council be admitted as a student member if he is undergoing a postgraduate period of training in any industry connected with architecture or an allied profession.Student member (2) A registered architect supervising a student member shall keep a record of the performance of the student member. (3) A student member referred to in subsection (1) shall keep a diary which shall be signed on a daily basis by the registered architect supervising him. 11. A member of the Institute shall be entitled to describe and designate himself as follows: (a) "Corporate Member" as "Member of the Zambia Institute of Architects or by the abbreviation 'MZIA' "; (b) "Honorary Member" as "Associate of the Zambia Institute of Architects or by the abbreviation 'AZIA' "; and (c) "Life Member" as a "Fellow of the Zambia Institute of Architects or by the abbreviation 'FZIA' ".Designation of members 12. Notwithstanding section five any person who immediately before the commencement of this Act was a corporate member, honorary member, life member, foreign member, or student member, of the Institute, shall be deemed from the commencement of this Act to be a corporate member, honorary member, life member, foreign member or student member, respectively, under this Act.Member of Institute before commencement of Act to be member of Institute in corresponding class 13. (1) Every member of the Institute shall pay such annual subscription fees as may be approved by the Council and confirmed at a General Meeting.Subscription fees (2) Notwithstanding subsection (1), an Honorary and life member shall not pay the annual subscription fees. PART III THE COUNCIL OF THE ZAMBIA INSTITUTE OF ARCHITECTS 14. (1) There is hereby constituted the Council of the Zambia Institute of
Architects.The Council of the Zambia Institute of Architects (2) The First Schedule shall apply to the Council.Institute of Architects 15. Notwithstanding the generality of section four, the council shall- (a) exercise the functions of the Institute; (b) issue membership certificates to approved applicants; and (c) ratify decisions of the Disciplinary Committee.Functions of council 16. (1) Subject to subsection (2), the Council may for the purpose of performing its functions under this Act establish committees consisting of members of the Institute and may, except as otherwise provided for in this Act, delegate to any such committee any of its functions as it considers necessary.Committees (2) All committees of the Council shall refer all their decisions to the Council for final decision. (3) Notwithstanding subsection (1), there shall be the following committees of the Council: (a) the Registration Committee; (b) the Membership Committee; and (c) the Disciplinary Committee. 17. (1) The President shall appoint the Chairperson of the Registration Committee.Registration Committee (2) The Registration Committee shall consist of the following members: (a) the Vice-President; (b) the Honorary-Secretary; (c) two Past Presidents and fully paid up corporate members of the Institute; (d) the Chairperson of the Membership Committee; and (e) a senior Corporate Member nominated by the President and approved by the Council. 18. (1) The functions of the Registration Committee shall be to-Functions of Registration Committee (a) consider applications for registration of architects; (b) prepare programmes of training including acquiring of acceptable practical experience for trainees and graduates of architecture for registration as architects; (c) liaise with approved institutions of architecture on practical training for architects and monitoring and working out modalities of the diary; and
(d) to conduct examinations or interviews for professional competence at such times and places as the Council shall determine. (2) The quorum of the Registration Committee shall be four members, one of whom shall be a Past President. 19. (1) The Honorary-Secretary shall be the Chairperson of the Membership Committee.Membership Committee (2) The Membership Committee shall consist of the following members: (a) the Honorary-Secretary; and (b) four members of the Council nominated by the President and approved by the Council. 20. (1) The functions of the Membership Committee shall be to-Functions of Membership Committee (a) process applications for all categories of membership and make recommendations to the Council; (b) keep a register of various classes of membership; (c) recommend subscription fees for approval by the Council; and (d) do all other things that the Council may direct the Committee to do. (2) The quorum of the Membership Committee shall be three. 21. (1) The Vice-President shall be the Chairperson of the Disciplinary Committee.Disciplinary Committee (2) The Disciplinary Committee shall consist of the following members: (a) the Vice-President; (b) a representative of the Attorney-General; (c) a representative of the allied profession; and (d) three members nominated by the President and approved by the Council. (3) The Vice-Chairperson shall be elected from amongst the members. (4) The members referred to in paragraphs (a) and (c) shall be registered architects. 22. (1) The functions of the Disciplinary Committee shall be to-Functions of Disciplinary Committee (a) hear and determine any complaint or allegation against a member of the Institute; (b) hear and determine any complaint or allegation against a Committee of the Council; and
(c) do all such things as are incidental or conductive to the attainment of the functions of the Committee. (2) The quorum of the disciplinary Committee shall be three. 23. (1) The Disciplinary Committee may, for purposes of any inquiry, hear and receive any evidence.Powers of Disciplinary Committee (2) Any person summoned to appear before the Disciplinary Committee shall be guilty of an offence if he refuses- (a) or fails to appear before the Disciplinary Committee at the time and place specified in the summons, or having attended, leaves without the permission of the Committee without cause or excuse; (b) without lawful excuse to answer any question lawfully put to him; or (c) to produce any book, record, document or thing which he has been required by summons to produce other than that which he could not be compelled to produce in the trial of an action in court. (3) A person shall be guilty of a disciplinary offence under subsection (2) and shall be liable, upon conviction, to a fine not exceeding five hundred penalty units or to imprisonment for a period not exceeding three months, or to both. 24. (1) Except as provided in this section, and subject to the other provisions of this Act, a committee may regulate its own procedure.Proceedings of Committees (2) A decision of a committee shall be by a majority of the votes of the members present and voting, and in the event of an equality of votes the person presiding at the meeting shall have a casting vote in addition to his deliberative vote. (3) A committee shall cause to be kept a record of all its proceedings. (4) A party to the proceedings or the legal practitioner, if any, shall be entitled to cross examine any person giving evidence before the Committee. (5) A party to the proceedings before the Disciplinary Committee shall be present throughtout the hearing: Provided that any party to a hearing before the Disciplinary Committee may be represented by a legal practitioner, or with the leave of the committee by any person authorised by him in that behalf. (6) The Disciplinary Committees shall, at the close of hearing the case, make a ruling which shall be communicated to the Council for ratification and to the parties concerned. (7) All proceedings of the Disciplinary Committee shall be held in camera. 25. A registered architect shall be guilty of professional misconduct if, in the course of his practice, he- (a) allows any person, other than a registered architect or trainee architect
in his employment to practise in the name of a registered architect; (b) unlawfully discloses or uses to his own advantage, any information which was acquired in the course of his professional work on behalf of his client; (c) certifies or submits in his name or in the names of his firm a report, document, drawing, statement and related records which have not been made by him, his partner or an architect employed by his firm; (d) permits his name or the name of his firm to be used in connection with technical specifications, designs or financial calculations which are not accurate; (e) charges for professional work and fees other than the scales approved by the Council (f) fails to disclose or knowingly conceals from his client information or facts, which may mislead his client; or (g) gives incorrect or insufficient professional advice.Professional misconduct 26. (1) Where the Disciplinary Committee, after due inquiry finds an architect guilty of professional misconduct, it may impose one or more of the following penalties:Penalties to be imposed by Disciplinary Committee (a) order the cancellation of his practising certificate; (b) recommend to the Council, the- i(i) suspension of any member and impose any reasonable conditions for the postponement or suspension for a period not exceeding two years; (ii) expulsion; or (c) censure him. (2) The Disciplinary Committee shall as soon as practicable after the completion of each hearing, submit a report of the proceedings, together with a copy of the record kept to the Council. 27. (1) An architect who is aggrieved by any decision of the Council may within thirty days of the notification to him of the decision, appeal to the Minister.Appeals from Disciplinary Committee (2) The cancellation of any membership or registration ordered by the Council shall take effect after the period specified in subsection (1) expires. (3) The Minister may, on appeal against the findings or orders of the Council- (a) confirm, vary or set aside any findings made, penalty imposed or direction given by the Council; or (b) refer the matter back to the Council for further consideration. PART IV
REGISTRATION OF ARCHITECTS 28. (1) A person shall apply to the Honorary-Secretary for registration.Registration of architects (2) A foreign firm may operate in Zambia if it is registered by the Council, in joint venture with a Zambian architectural firm. (3) The Honorary-Secretary shall keep a register of persons registered by the Council. (4) The register referred to in subsection (3) shall show such particulars as the Honorary-Secretary may consider necessary and the Honorary-Secretary shall register all changes that may occur after registration. 29. (1) A person shall not be registered as an architect unless he-Qualification for registration of architects (a) is a resident in Zambia; (b) has attained the age of twenty-one years; (c) holds a bachelor of architecture degree or its equivalent recognised by the Council; (d) has passed at least two years of post-graduate practical full-time employment under the supervision of a registered architect; (e) has passed the professional competence examination conducted by the Council; and (f) has paid the registration and membership fees prescribed by the Council. (2) Where a firm is registered by the Council, that firm shall file with the Registrar, a memorandum of practice signed by all the partners stating- (a) the names and qualifications of each partner; (b) the nationality of the partners; (c) the name of the firm; and (d) the address of the registered office, the postal address, the telephone and the facsimile number of the firm. 30. A person shall not qualify to be registered as an architect if- (a) he has been convicted of an offence involving dishonesty; (b) he has been adjudged or otherwise declared to be of unsound mind under any law in force in Zambia; (c) he is an undischarged bankrupt; or (d) in the case of a firm, the firm is not registered with the Institute.Disqualification of architects
31. Except for heads of departments at an institution approved by the Council, the following shall not be required to comply with this Part: (a) lecturers; and (b) persons undergoing training at a university or institute and approved by the Council.Exemption from registration 32. (1) The Council, on the recommendation of the Registration Committee, shall issue a practising certificate to every architect or company registered under section twenty-eight.Practising certificate and seal (2) Every practising certificate issued under subsection (1) shall take effect on the day it is issued and shall continue in force until the 30th of June next following the date of issue. (3) The Council shall issue a seal to every registered architect or company issued with a practising certificate. (4) A practising certificate shall be renewed annually upon payment of such subscription fees as may be prescribed. 33. (1) The Council may, after recommendation of the Registration Committee, cancel a practising certificate issued under section thirty-two if-Cancellation of practising certificate (a) it is proved to the satisfaction of the Registration Committee that the registration was obtained through fraud, misrepresentation or concealment of any material fact; or (b) the person ceases to be a member of the Institute. (2) The Council shall before cancelling the practising certificate under subsection (1), give the registered architect, or firm, thirty days notice of the intention to cancel the practising certificate and give the registered architect an opportunity to show cause as to why his practising certificate should not be cancelled. (3) The Council shall, after cancelling the practising certificate issued under subsection (1) publish a notice of cancellation in the Gazette. (4) A registered architect whose practising certificate is cancelled shall surrender his seal to the Council. 34. A person aggrieved by a decision made by the Council under this Part may within thirty days appeal to the Minister.Appeals 35. (1) A person not registered by the Council, shall not-Offences relating to practising certificate (a) establish a practice as an architect or be a partner in any architectural firm; (b) practise or offer his services as, or hold himself out to be, a qualified architect, consultant or advisor; (c) adopt, use or exhibit the titles "architect", "registered architect",
"project architect", "consulting architect" or any other term of similar description; or (d) do anything likely to lead persons to infer that he is a registered architect. (2) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding twelve months, or to both. (3) Where an offence under subsection (2) is committed by a body corporate, every director and manager of the body corporate shall be deemed to have committed the offence, unless the manager or director proves that the offence was committed without his knowledge or consent. (4) Where a firm does any act which if done by an individual would be an offence under subsection (2), every partner in that firm shall be deemed to have committed the offence, unless he proves that the offence was committed without his knowledge or consent. 36. (1) A person shall be guilty of an offence if he-Offences relating to registration (a) makes or causes to be made an unauthorised entry, alteration or erasure in a register, practising certificate, or in any copy thereof; or (b) procures or attempts to procure for himself or any other person a practising certificate by means of fraud, misrepresentation or concealment of any material fact. (2) A person guilty of an offence under subsection (1) shall be liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding twelve months, or to both. PART V MISCELLANEOUS 37. A registered architect shall charge for professional services rendered at such rates as may be prescribed by the Minister, upon recommendation by the Council, by statutory instrument.Professional fees 38. The Minister may, upon recommendation by the Council, make Regulations- (a) setting out-Regulations (i) the code of professional ethics and conduct; and (ii) the conditions of engagement of an architect; and (b) for the better carrying out of the provisions of this Act. 39. The savings and transitional provisions in the Second Schedule shall apply in respect of the Institute, Council and other matters.Savings 40. The Architects and Quantity Surveyors Act is hereby repealed.Repeal of
Cap. 825 of the 1971 edition FIRST SCHEDULE (Section 14) THE COUNCIL 1. The functions of the Council shall be to- (a) register names of members of the Institute; and (b) perform all the functions of the Institute.Functions of the Council 2. (1) The Council shall consist of the following members: (a) the President; (b) the Vice-President; (c) the Honorary-Secretary; (d) the Honorary-Treasurer; (e) a representative of the Attorney-General; and (f) not more than seven other members. (2) Except for the member referred to in subsection (e), the members referred to in paragraph (1) shall be elected at the Annual General Meeting. (3) The President shall not serve more than two consecutive terms of one year each.Composition of Council 3. The members of the Council shall be elected by secret ballot at an Annual General Meeting.Election of Members 4. (1) A member of the Council shall hold office for two years and may be re-elected for two more years. (2) Upon the expiration of the term for which a member is elected he shall continue to hold office until his successor has been elected, but in no case shall any extension of one term exceed three months. (3) The office of member shall become vacant- (a) upon the member's death; (b) if he is adjudged bankrupt; (c) if he is adjudged or otherwise declared to be of unsound mind under any law in force in Zambia; (d) if he is absent, without prior approval of the Council from three consecutive meetings of the Council of which due notice was given to him; or (e) upon the expiry of not less than one month's notice, in writing, of that
member's intention to resign given by the member to the President.Tenure of office and vacancy 5. (1) The seal of the Council shall be such device as may be determined by the Council and shall be kept by the Honorary-Secretary. (2) The affixing of the seal shall be authenticated by the President or the Vice-President and one other person authorised in that behalf by the Council. (3) Any document purporting to be a document under seal of the Council shall be received in evidence and shall be deemed to be a document so executed or so issued, as the case may be, without further proof, unless the contrary is proved.Seal of Council 6. (1) Subject to the other provisions of this Act, the Council may regulate its own procedure. (2) The Council shall, for the transaction of business, meet at least twice in every calendar year at such places and at such times as the Chairperson may determine. (3) The quorum of the meeting of the Council shall be seven. (4) Subject to paragraph 5, the President shall, upon giving notice of not less than fourteen days, call a special meeting of the Council if not less than five members so request in writing. (5) If the urgency of any particular matter does not permit the giving of the notice referred to in sub-paragraph (4), a special meeting may be called upon giving shorter notice. (6) There shall preside at a meeting of the Council the President or, in the absence of the President, the Vice-President or, in the absence of both the President and the Vice-President, such member as the members present may elect for the purpose of that meeting. (7) A decision of the Council on any question shall be by a majority of the members present and voting at the meeting and in the event of an equality of votes the person presiding at the meeting shall have a casting vote in addition to that persons's deliberative vote. (8) The Council may invite any person whose presence is in its opinion desirable, to attend and to participate in the deliberations of a meeting of the Council, but such a person shall have no vote. (9) The validity of any proceedings, act or decision of the Council shall not be affected by any vacancy in the membership of the Council or by any defect in the appointment of any member. (10) The Council shall cause minutes to be kept of the proceedings of every meeting of the Council and of every meeting of any committee established by the Council.Proceedings of Council 7. (1) If any person is present at a meeting of the Council at which any matter in which that person or that person's spouse is directly interested, he shall, as soon as practicable after the commencement of the meeting, disclose that interest and shall not, unless the Council otherwise directs, take part in
any consideration or discussion of, or vote on, any question touching that matter. (2) A disclosure of interest made under sub-paragraph (1) shall be recorded in the minutes of the meeting at which it is made.Disclosure of interest 8. The Council may appoint, on such terms and conditions as it may determine, such other staff as it may consider necessary for the performance of the functions of Council.Staff of Council SECOND SCHEDULE (Section 39) SAVINGS AND TRANSITIONAL PROVISIONS 1. In this Schedule- "the former Board" means the Architect and Quantity Surveyors Board established under the Repealed Act; andInterpretation "the repealed Act" means the Architect and Quantity Surveyors Act. Cap. 825 of the old edition 2. A person who, immediately before the commencement of this Act, held office as one of the members of the former Board referred to in paragraphs (a) and (b) of subsection (1) of section three of the repealed Act, shall hold office, subject to this Act, as members of the Institute until replaced by persons elected for the purpose of paragraph two of the first Schedule to this Act.Former registered members to be members of Institute 3. Nothing in this Act affects the rights of any person employed by the former Board immediately before the commencement of this Act.Staff of former Board 4. On the commencement of this Act, all property assets, rights, liabilities and obligations of the Zambia Institute of Architects as registered under the Societies Act shall vest in the Institute established by this Act.Liabilities and obligations Cap. 119 5. Any proceeings or cause of action instituted or pending by or against the Zambia Institute of Architects as registered under the Societies Act, immediately prior to the commencement of this Act, shall continue as if instituted under this Act.Proceedings Cap. 119 6. Any architectural projects commissioned prior to the commencement of this Act under the conditions of engagement and scale of fees subsisting under the amended Act shall continue to apply until the projects are completed.
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