WEIGHTS AND MEASURES ACT

to establish standards of weights and measures based on the metric system; to provide for enforcement of the standards of weights and measures; to repeal the Weights and Measures Act and the Metric Systems Act; and to provide for matters incidental to or connected with the foregoing.

[3rd June, 1994]

Act 22 of 1994,

Act 13 of 1994,

Act 12 of 2003,

Act 13 of 2013.

PART I
PRELIMINARY

1. Short title

This Act may be cited as the Weights and Measures Act.

2. Interpretation

(1) In this Act, unless the context otherwise requires––

“Agency” means the Zambia Weights and Measures Agency established by section 2A;

[Ins by s 2(c ) of Act 12 of 2003.]

“appointed date” means the date appointed by the Minister under section 1;

[Ins by s 2(c ) of Act 12 of 2003.]

…

[“article” rep by s 2(a ) of Act 12 of 2003.]

“assize” , means to examine, verify or test an instrument in accordance with the provisions of this Act or any regulations made under this Act;

…

[“assizer” rep by s 2(a ) of Act 12 of 2003.]

“authorised measure” means unit of weight, length, capacity or volume referred to in section 3;

“authorised unit of measurement” means the international system of measurement by reference to which a trading transaction is authorised to be conducted under this Act;

[Subs by s 2(b )(i) of Act 12 of 2003.]

“automatic instruments” means any instrument in which a special self-acting machinery is employed to effect some or all of the following—

(a) an automatic feed;

(b) the rapid weighing of predetermined quantities;

(d) the measuring and filling of liquids into containers; or

(e) a result similar to any of those set out in paragraphs (a ) to (d);

“Board” means the Zambia Weights and Measures Agency Board constituted under section 2C;

[Ins by s 2(c ) of Act 12 of 2003.]

“Bureau of Weights and Measures” means the International Bureau of Weights and Measures established under the Meter convention at Sevres in France;

[Subs by s 2(b )(ii) of Act 12 of 2003.]

“calibration” means all the operations which are necessary for the purpose of determining the values of the errors of a weight or measure and, if necessary, to determine the other metrological properties of such weight or measure and includes the actual weight or measure; or in some cases of certain principal mathematics only, in relation to the corresponding volume of the quantity to be measured and also in relation to the use of or weight or measure as a standard;

“certificate of competence” means a certificate, issued by the Superintendent Assizer under this Act, declaring that the holder is competent in the repair of instruments;

“Chairperson” means the person appointed as Chairperson of the Board under section 2C;

[Ins by s 2(c ) of Act 12 of 2003.]

“check weighed” in relation to any vehicle, means weighed with its load by means of the nearest suitable available weighing equipment, and weighed again after it has been loaded by means of the same or other suitable weighing equipment;

“committee” means a committee of the Board established under paragraph 5 of the Thirteenth Schedule;

[Ins by s 2(c ) of Act 12 of 2003.]

“commodity” means goods for sale or goods which have been sold or are being carried or delivered for sale;

[Ins by s 2(c ) of Act 12 of 2003.]

“constructional use” in relation to any goods, means the use of those goods in construction work in the course of the carrying on of a business;

“container” means any form of packaging of goods for sale as a single item, whether by way of wholly or partly enclosing the goods or by attaching the goods to or winding the goods around some other article, and includes a wrapper or confining band;

“Derived Unit” means a unit which is derived from the base, or supplementary unit or both;

“Director” means the person appointed as Director under section 2D;

[Ins by s 2(c ) of Act 12 of 2003.]

“document” includes—

(a) any paper or other material on which there is writing or printing or on which there are marks, figures, symbols or perforations having a meaning for persons qualified so to interpret them;

(b) a disc or tape or other article, or any material, from which sounds, images, writings or messages are capable of being reproduced with or without the aid of any other article or device.

“food for human consumption” includes every article used for food or drink;

“General Conference” means the General Conference of Weights and Measures established under the meter convention;

[Subs by s 2(b )(iii) of Act 12 of 2003.]

“International Standard” means the prototype standard sanctioned by the First General Conference of Weights and Measures held in Paris 1889 and deposited at the International Bureau of Weights and Measures;

[Ins by s 2(c ) of Act 12 of 2003.]

“International System of Units” means the system of units referred to in section 3;

“instrument” means a weighing or measuring instrument or any instrument used for ascertaining the number of goods;

“just” means any weight, or measure weighing or measuring instrument which does not have an error greater than the prescribed limits or error;

“license” means a service license issued under section 38;

[Ins by s 2(c ) of Act 12 of 2003.]

“measuring instrument” means any weight, measure, apparatus, device or thing designed or adapted for measuring any length, area, volume or other quantity or dimension, including time;

“member” means a member of the Board appointed under section 2C;

[Ins by s 2(c ) of Act 12 of 2003.]

“metric system” means the supplementary, derived and special or permitted units of the International System of Units;

“metrologist” means a person appointed as a metrologist under section 2E;

[Ins by s 2(c ) of Act 12 of 2003.]

“national standard” means a set of standard weights or measures which is made or manufactured by or on behalf of the Agency for the verification of any secondary standard;

[Subs by s 2(b )(iv) of Act 12 of 2003.]

“net weight” of an article means the weight of the article excluding the weight of its container;

“pre-packed article” , means an article packed or made up in advance ready for sell or kept for or stored for retail sale in a wrapper or container whether open, enclosed or sealed in any way;

“pre-packaged commodity” means a commodity which is packed or made up in advance ready for sale or a commodity which is kept or stored for retail sale in a wrapper or container or which is sealed in anyway;

[Ins by s 2(c ) of Act 12 of 2003.]

“purchaser” includes any person acting on behalf of a purchaser;

“quantity” means any measurement of distance, length, width, height, area, size, volume, capacity, mass, number, electricity or temperature;

[Subs by s 2(b )(v) of Act 12 of 2003.]

“sale by retail” means sale to a person otherwise than for the purpose of resale, but does not include a sale for the purpose of a catering or manufacturing business;

“S.I. Unit” means a unit of the International system of units for the time being approved by the General Conference of delegates of Member States of the Meter convention and which is listed in the Schedule to this Act.

“Secondary Standards” means a set of standard weights or measures which is used for the verification of any working standard;

[Subs by s 2(b )(vi) of Act 12 of 2003.]

“sell” includes offer, advertise, expose, keep, supply, carry, transport, deliver, hold, have in possession or prepare for valuable consideration, and cognate expressions shall be construed accordingly;

“stamp” means a mark which is made on or in relation to any weight or measure to—

(a) certify that such weight or measure conforms to the standards specified by this Act; or

(b) indicate that any mark which was previously made on the weight or measure certifies such weight or measure as conforming to the standards established by or under the Act.

[Ins by s 2(c ) of Act 12 of 2003.]

“standard” means an international standard, national standard, secondary standard or working standard;

[Subs by s 2(b )(vii) of Act 12 of 2003.]

“trade” includes any contract, bargain, sale, dealing and generally any transaction for valuable consideration for the purposes of which goods or articles are weighed, measured or counted, but does not include any contract or bargain for sale of or dealing in land or any interest in land;

“valid” in relation to any weight, measure or weighing or measuring instrument, means bearing a stamp that is still in force and cognate expressions shall be construed accordingly;

“verify” means to weigh, measure, compare, check, test or adjust a weight or measure in order to ensure that it conforms to standards established by or under the Standards Act, and cognate expressions shall be construed accordingly;

[Subs by s 2(b )(viii) of Act 12 of 2003.]

“weight” means a material measure of mass regulated in regard to its physical and metrological characteristics, shape, dimension, material, surface, quality, nominal value or maximum permissible error;

[Subs by s 2(b )(ix) of Act 12 of 2003.]

“Zambia Bureau of Standards” means the Zambia Bureau of Standards established under the Standards Act.

PART IA
THE ZAMBIA WEIGHTS AND MEASURES AGENCY

[Part IA ins by s 3 of Act 12 of 2003.]

2A. Establishment of Agency

(1) There is hereby established the Zambia Weights and Measures Agency 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.

(2) The Thirteenth Schedule shall apply to the Agency.

[S 2A ins by s 3 of Act 12 of 2003.]

2B. Functions of Agency

The functions of the Agency shall be to—

(a) administer the Act and all matters relating to weighing or measuring instruments used in trade;

(b) keep and maintain secondary and working standards and other measuring standards;

(d) test and approve new types of weighing and measuring instruments used for trade which comply with international or national standards;

(e) investigate any alleged breach of the provisions of this Act;

(f) collect and disseminate information on the work of the Agency through publications, seminars, workshops and the print or electronic media;

(g) lease with regional and international metrological organisations and institutions on matters relating to the promotion of metrology in Zambia;

(h) provide a uniform system of trade measurements to ensure traceability to international standards;

(i) establish laboratories and other facilities to improve maintenance, storage and testing of trade measurement standards;

(j) examine candidates for a license to repair, service or install weighing and measuring instruments;

(k) initiate policy formulation and keep under review the working of this Act and, when so required by the Minister or if the Agency otherwise thinks it necessary, draw up and submit to the Minister proposals for amending it; and

(l) undertake such other activities as are conductive or incidental to its functions under this Act.

[S 2B ins by s 3 of Act 12 of 2003.]

2C. Constitution of Board

(1) There is hereby constituted the Zambia Weighs and Measuring Agency Board which shall, subject to the provisions of this Act. perform the functions of the Agency under this Act.

(2) The Board shall consist of part time members appointed by the Minister as follows—

(a) one representative of the Zambia Association of Manufacturers;

(b) one representative from the Zambia National Farmers Union;

(d) one representative from the Zambia Consumer Association;

(e) one representative from the Zambia Bureau of Standards;

(f) one representative from the Law Association of Zambia;

(g) the Executive Director of the Energy Regulation Board; and

(h) one representative from––

(i) the ministry responsible for finance; and

(ii) the ministry responsible for commerce, trade and industry.

(2) The Chair person shall be appointed by the Minister.

(3) The Vice-Chairperson shall be elected by the members of the Board from among their number.

(4) A person shall not be appointed as a member of the Board if the person—

(a) is an undercharged bankrupt;

(b) has been convicted of an offence involving fraud or dishonesty; or

(c) has been convicted of an offence under any other written law and sentenced to a term of imprisonment of not less than six months, without the option of a fine.

[S 2C ins by s 3 of Act 12 of 2003.]

2D. Director

(1) The Board shall, with the approval of the Minister, appoint a Director who shall be the Chief Executive Officer of the Agency and, subject to the control of the Board, be responsible for the day to day administration of the Agency.

(2) The Board shall, with the approval of the Minister, determine the terms and conditions of service of the Director.

(3) The Director shall attend meetings of the Board and may attend meetings of any committee of the

Board and may address the meetings, but shall have no vote.

[S 2D ins by s 3 of Act 12 of 2003.]

2E. Secretary and other staff

(1) The Director shall be the Secretary to the Board.

(2) The Board may appoint metrologissts and such other staff of the Agency as it considers necessary performance of its functions unders this Act.

(3) The Board shall determine the terms and conditions of service of the staff of the Agency.

[S 2E ins by s 3 of Act 12 of 2003.]

2F. Duties of metrologists

The Duties of a metrologist shall be to––

(a) carry out verification of weights, measures and weighing and measuring instruments;

(b) care for, and maintain, any standard equipment which may be entrusted to the metrologist's care;

(d) give effect to the directions of the Director; and

(e) generally exercise and perform such powers and duties as may be conferred or imposed on a metrologies by this or any other written law.

[S 2F ins by s 3 of Act 12 of 2003.]

PART II
STANDARD WEIGHTS AND MEASURES

3. Units of measurement

(1) The International System of Units shall be authorised measure by reference to which any measurement in trade in Zambia shall be made.

(2) The International System of Units shall consist of—

(a) the base units set out and defined in the First Schedule;

(b) the supplementary units set out and defined in the Second Schedule;

(d) any special or permitted units that may be used in conjunction with units mentioned in paragraphs (a ) to (c ) as adopted by the General Conference and set out in the Fourth Schedule.

(3) The International System of Units prefixes for multiples and sub-multiples of the units referred to in sub-section (2) are those set out and defined in the Fifth Schedule.

(4) Additional Units of measurement that may be used are set out in the Sixth Schedule.

(5) Units of measurements of length, area, volume, capacity, mass, weight, electricity and time are set out in the Seventh Schedule.

(6) The denominations of physical weights and measures that shall be used for the purpose of trade in Zambia are set out in the Eighth Schedule.

(7) The Minister may, by statutory instrument, from time to time amend any Schedule to this Act.

4. National standards

(1) The Agency shall authorise the use of such standards of weights and measures as the Agency considers necessary.

[S 4(1) subs by s 4(a ) of Act 12 of 2003.]

(2) Every standard referred to in sub-section (1)—

(a) shall be of a denomination equivalent to—

(i) a weight or measure authorised by this Act; or

(ii) a multiple, aliquot pacer sub-multiple of such a weight or measure;

(b) shall be verified––

(i) in the case of a weight or measure authorised by this section; or

(ii) in the case of a weight or measure authorised by such competent institution as the Minister directs; and

(c) shall be made of such materials and in such manner and placed and kept in such a receptacle as affords it, as far as practicable, protection against mechanical and atmospheric agencies and any likely source of error.

(3) A standard of a liter or capacity measurement may, as the Agency thinks fit, be—

(a) provided either as a separate standard or by means of divisions marked on a standard of a larger measure; and

(b) either marked in whole or in part with sub-divisions representing any smaller units of measurement; or

[S 4(3) am by s 4(b ) of Act 12 of 2003.]

(4) Where a standard of weight or measure is about to be brought into use in Zambia the Minister shall, on the recommendation of the Board, by notice published in the Gazette or a newspaper with daily circulation, declare that such standard of weight or measure is about to be brought into use in Zambia and specify in that notice on date on which that standard of weight or measure shall become operative.

[S 4(4) subs by s 4(c ) of Act 12 of 2003.]

(4A) The standard of weight or measure referred to in sub-section (4) shall, upon publication, of the notice referred to in that sub-section, become a national standard of weight or measure and shall, for all purposes, be conclusively deemed to be true and accurate.

[S 4(4A) ins by s 4(d ) of Act 12 of 2003.]

(5) Every national standard shall be accompanied by a certificate of calibration.

5. Periodic verification of national standards

(1) The Agency shall at least once in every 10 years cause every national standard to be verified, and if necessary to be corrected and adjusted or renewed.

[S 5(1) am by s 5(a ) of Act 12 of 2003.]

(2) Where a national standard is sent out of Zambia for verification, the Agency shall cause a corresponding secondary standard to be deposited in such manner as he considers proper, and that secondary standard shall, during such time as the national standard is out of Zambia, be the national standard.

[S 5(2) am by s 5(b ) of Act 12 of 2003.]

6. Custody of national standards

The national standard shall be kept at a laboratory to be set up by the Zambia Bureau of Standards.

7. Secondary standards

(1) The Director shall—

(a) cause to be procured such copies of the national standards as he thinks fit;

[S 7(1)(a ) am by s 6 of Act 12 of 2003.]

(b) provide for the verification of any copies so prepared; and

(2) Every authenticated secondary standard shall, until the contrary is proved, be taken to be as true and accurate as the corresponding national standard.

(3) Once in every two years the Director shall cause each of the secondary standards referred to in sub-section (1) of section 7 to—

(a) be compared with the national standards and if necessary to be corrected and adjusted by the Zambia Bureau of Standards or any other competent authority but such verification should be witnessed by two people to be appointed by the Minister;

(b) bear a certificate of corrections signed by the witnesses and such Institution as may be appointed to carry out the verification;

(4) The Director shall direct that the secondary standard no longer be used as a secondary standard where any deficiency is detected.

8. Working standards

(1) Every Metrologist shall be provided with proper and sufficient working standards of weights and measures which shall be used for verifying or re-verifying of weights or measures or instruments in use for purposes of trade.

[S 8(1) am by s 7 of Act 12 of 2003.]

(2) Once in every 12 months a Metrologist shall compare the working standards, which have been in use during the past 12 months, with the secondary standards, and, if necessary make corrections and adjustments before signing a certificate prescribed in Form B of the Schedule.

(3) The Director may at any time cancel any working standard and direct that it no longer be used.

(4) Judicial notice shall be taken of every working standard and each such standard shall be deemed to be true and accurate until the contrary is proved.

9. Storage of standards

The Director shall cause to be maintained such equipment for safe storage of, and otherwise for use in connection with, standards.

[S 9 am by s 24(c ) of Act 12 of 2003.]

PART III
ADMINISTRATION

[Part III rep by s 8 of Act 12 of 2003.]

10. …

[S 10 rep by s 8 of Act 12 of 2003.]

11. …

[S 11 rep by s 8 of Act 12 of 2003.]

12. …

[S 12 rep by s 8 of Act 12 of 2003.]

13. …

[S 13 rep by s 8 of Act 12 of 2003.]

14. …

[S 14 rep by s 8 of Act 12 of 2003.]

PART IV
TYPE APPROVAL AND VERIFICATION OF WEIGHING AND MEASURING INSTRUMENTS

[Subs by s 9 of Act 12 of 2003.]

15. Certificate in respect of design or pattern of instruments, etc.

(1) Any person may, on payment of the prescribed fee, make a written application to the Director—

(a) for the issue of a certificate in regard to the suitability for use in trade of any instrument of a design or pattern; and

(b) for the amendment of such certificate if that design or pattern is altered in a manner specified in the application without affecting the principle of the instrument.

(2) If on testing the instrument the Director is satisfied––

(a) as to the suitability for use in trade of any instrument of a design or pattern he shall issue a certificate to that effect; or

(b) that the alteration of the design or pattern specified in application does not affect––

(i) the suitability of the instrument for use in trade; or

(ii) the principle of the instrument;

he shall amend the certificate accordingly:

Provided that, the Director may, in and by any such certificate, limit the purpose of trade for which any instrument of that design or pattern may be used, or impose conditions upon the use in trade of any such instrument.

(3) If the Director at any time finds a design or pattern in respect of which a certificate has been issued under this section to have some quality which is likely to render it unsuitable for all or any purpose of trade or to have become obsolete, he may––

(a) cancel the certificate; or

(b) cancel the certificate and, upon the payment of the prescribed fee, issue a fresh certificate in place thereof, specifying the circumstances in which the instrument may be used or impose conditions upon the use of the instrument in trade.

(4) Where proof is tendered that an instrument conforms in all respects with a design or pattern approved by the 'International Organisation for Legal Metrology or by a recognised body on behalf of the European Economic Community, a certificate in terms of sub-section (2) may be issued.

(5) Where any design or pattern of instrument was issued in Zambia or approved by a competent authority prior to the date of coming into operation of this Act, a certificate in terms of sub-section (2) may be issued, unless there is any feature of the present design or pattern which would render it unsuitable for use in trade.

16. Assize of instruments

A Metrologist shall at such times and places as may be fixed and, on payment of the prescribed fee, assize or re-assize every instrument brought to him for the purpose.

[S 16 am by s 24(b) of Act 12 of 2003.]

17. Re-assize of instruments

(1) At least once in every 12 months a Metrologist may at any time, by notice in writing, request any person to submit to him at such time and place as the Metrologist may specify any weight, measure, weighing instrument or measuring instrument which is used or intended to be used for trade:

Provided that, there shall be an interval of at least 14 days between the date of publication of the notice and the last day on which the instrument is to be produced:

(1) Notwithstanding sub-section (1), a Metrologist shall, subject to the direction of the Agency, at least twice in every 12 months by notice in writing request any person who has in their possession or charge any fuel dispenser, bulk flow meter or fuel master meter for use in trade to submit to the Metrologist, at such time and place as the Metrologist may specify, such fuel dispenser, bulk flow meter or fuel master meter for re-verification.

[S 17(1A) ins by s 10(a ) of Act 12 of 2003.]

(2) Subject to the provisions of sub-section (3) any person who fails to comply with a notice referred to in sub-section (1) or sub-section (1A) shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding five thousand penalty units or to imprisonment for a period not exceeding six months, or to both.

[S 17(2) am by s 10(b ) of Act 12 of 2003.]

(3) A person on whom a notice has been served under sub-section (1) or sub-section (1A) who has—

[S 17(3) am by s 10(c )(i) of Act 12 of 2003.]

(a) an instrument which—

(i) is fixed;

[S 17(3)(a )(i) am by s 10(c )(ii) of Act 12 of 2003.]

(ii) has a weighing capacity exceeding 250 kilograms;

(iii) is of delicate construction; or

(iv) is in the opinion of an assizer liable to damage or derangement if submitted in accordance with sub-section (1); or

(b) an instrument which is ordinarily kept at a place which is not within 40 kilometers of any place specified in that notice, shall not be guilty of an offence under this section if upon the publication of the notice he forthwith, in writing, notifies the Metrologist by whom that notice was published of the particulars of the instrument and the place where it is ordinarily kept and requests that the instrument be assized at that place.

(4) An assized measure or capacity made of clear glass, earthen ware or enameled metal, or an assized measure of length, need not be re-assized unless—

(a) the Metrologist has reasonable grounds for believing it has materially altered since it was last assized; or

(b) the verification stamp has been defaced or become illegible.

[S 17(4)(b ) am by s 10(d ) of Act 12 of 2003.]

(5) A Metrologist may request any person producing or submitting an instrument for re-verification under this section to—

(a) cause it to be taken sufficiently apart to enable the Metrologist to examine it;

(b) provide auxiliary material necessary for the re-verification of any instrument;

(c) provide transport or labour for the proper and expeditious handling of the standards or any material which is to be used for the re-verification of the instrument; or

(d) cause it to be cleaned where necessary.

[S 17(5) ins by s 10(e ) of Act 12 of 2003.]

(6) Where a Metrologist makes a request under sub-section (5) and the person so requested fails or declines to comply with the request, the metrologist may refuse to re-verify the instrument and shall submit a report on the matter to the Director.

[S 17 am by Act 13 of 1994; s 17(6) ins by s 10(e ) of Act 12 of 2003.]

18. Verification of instruments

A Metrologist who on test finds an instrument to be just and in compliance with the provisions of this Act and any regulations made under this Act shall stamp or mark it in the prescribed manner and, if appropriate, seal or lock the instrument to prevent its unauthorised adjustment.

[S 18 am by s 11 of Act 12 of 2003.]

19. Rejection of certain instruments

(1) A Metrologist who on test finds an instrument to be false, unjust, defective, or not in compliance with the provisions of this Act or any regulations made under this Act shall—

(a) reject it;

(b) mark it with the prescribed mark; and

Provided that, the Metrologist may in his direction––

(i) adjust it;

(ii) return it to the owner for adjustment; or

(iii) retain it with a view to proceedings being taken for its forfeiture.

[S 19 renumbered as s 19(1) by s 12(a ) of Act 12 of 2003.]

(2) A person who mends or repairs a verified or rejected instrument shall obliterate permanently the verification stamp or the rejection mark on that instrument and shall, before such instrument is used for trade, cause it to be verified by a Metrologist within 14 days of such mending or repair.

[S 19(2) ins by s 12(b ) of Act 12 of 2003.]

(3) Where the Metrologist is unable to verify the repaired or mended instrument submitted to the Metrologist under sub-section (2) within the period specified in that sub-section the person who has in their possession or charge the mended or repaired instrument may apply to the Metrologist for written authority to use the unverified instrument for trade.

[S 19(3) ins by s 12(b ) of Act 12 of 2003.]

(4) The Metrologist may, on application being made under sub-section (3) and upon payment of the prescribed fee and submission of a report on the instrument by the applicant, issue a written authority for the use of such unverified instrument for a period of 21 days pending verification of such instrument.

[S 19(4) ins by s 12(b ) of Act 12 of 2003.]

20. Illegal stamping or sealing

A Metrologist shall not stamp with the prescribed stamp of assize or seal any instrument—

(a) which is unjust;

(b) which does not comply with the provisions of this Act or any regulations made under this Act;

(d) without testing it by comparison with the appropriate working standards.

PART V
SALE OF PACKAGED COMMODITIES AND USE OF TRADE MEASURES

[Subs by s 13 of Act 12 of 2003.]

21. Contracts to be made by reference to authorised units

(1) Every contract, bargain, sale or dealing made or had after the commencement of this Act whereby any work, thing, ware, merchandise or other thing is or are to be, sold, delivered, carried, measured, computed, paid for or agreed for by weight or measure, shall be made or had according to one of the relevant units of measurement specified in the First, Second, Third, Fourth, Sixth, Seventh and Eighth Schedules to this Act or to some multiple thereof.

(2) A person who contravenes or fails to comply with this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding six months or to both.

22. Exceptions

Nothing in this part shall apply to the sale of food for human consumption on or at the premises of the seller:

Provided that, the Director may, by order, vary the quantity of goods to be sold.

[S 22 proviso am by s 14 of Act 12 of 2003.]

23. Provision and operation of assized instruments

(1) Where a person has in his possession any goods for sale or delivery, or any goods in respect of which any representation of weight or measure is made for the purposes of sale or any other trade purpose, he shall––

(a) provide an assized instrument capable of weighing or measuring such commodity; and

[S 23(1)(a ) am by s 24(a ) of Act 12 of 2003.]

(b) keep and operate the same in such a place and manner so that the weighing or measuring and the weight indicated or measure determined, as the case may be, are clearly visible to the purchaser at all times.

(2) In any case where an automatic instrument is used in the packing for sale of commodities not exceeding 50 kilograms in weight or 25 liters in capacity, the person responsible for that packing shall cause to be kept and used near the automatic instrument such assized instrument as would enable the verification of the correct operation of the automatic instrument.

[S 23(2) am by s 24(a ) of Act 12 of 2003.]

24. Price lists, etc.

(1) Subject to the provisions of sub-section (2), a person shall not print, publish, make or circulate, or cause to be printed, published, made or circulated, any price list, catalogue or document containing a statement of current prices of commodities for sale by weight or measure in which measures of the weight, length or capacity of these commodities are expressed otherwise than by reference to an authorised measure or denote or imply a greater or lesser measure or weight, length or capacity than is denoted or implied by an authorised measure.

(2) This section shall not apply to any price list, catalogue or document emanating from outside Zambia which––

(a) clearly shows that reference to measures of weight, length or capacity contained therein are not applicable to Zambia; or

(b) bears a statement showing the accurate equivalent by reference to an authorised measure, of any measure contained in that price list, catalogue or documents.

24A. Sale of commodity by weight or net content

(1) Subject to the provisions of this section a person who sells any commodity by weight shall sell it by net weight or net content.

(2) A person who sells any commodity referred to in sub-section (1) shall not deliver, or cause to be delivered, the commodity to a purchaser unless there is in respect of such commodity an invoice or delivery note showing the net weight or measure of such commodity:

Provided that, where a weight has been prescribed for a sack, bag or pocket, it shall be sufficient for the invoice or delivery note to contain only the number of sacks, bags or pockets sold.

[S 24A ins by s 15 of Act 12 of 2003.]

24B. Sale of prepackaged commodity by weight or measure

(1) A person shall not sell any pre-packaged commodity by weight or measure unless the net

weight or measure is marked on the wrapper or container of the commodity in the prescribed manner in accordance with an authorised measure.

(2) A person who purchases a pre-packaged commodity which is sold by weight or measure may require the seller to verify, in the presence of the purchaser, the net weight or measure of the commodity.

(3) a person who fails to comply with a request made under sub-section (2) commits an offence and is liable, on conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding 12 months, or to both.

(4) The provisions of this section shall apply to any commodity in respect of which weight or measure is used to designate the grade or class of such commodity.

[S 24B ins by s 15 of Act 12 of 2003.]

PART VI
OFFENCES AND PENALTIES

25. Prohibition of use of unapproved pattern of instrument

Any person who either, directly or indirectly, uses an approved pattern of any instrument for trade shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding six months, or to both.

26. Forgery of stamps on instruments

(1) Any person who, in the case of any instrument used or intended to be used for trade—

(a) not being a Metrologist or a person acting under the instructions of a Metrologist, marks in any manner any plug or seal used or designed for use for the reception of a stamp;

(b) forges, counterfeits or, except as permitted by or under this Act, in any way alters or defaces any stamp;

(d) makes any alteration in the instrument after it has been stamped so as to make it false or unjust;

shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding 12 months, or to both.

(2) Paragraphs (a ) and (b ) of sub-section (1) shall not apply to the destruction or obliteration of any stamp, plug or seal in the course of adjustment or repair of an instrument by a person holding a service license.

[S 26(2) am by s 16 of Act 12 of 2003.]

(3) Any person who uses for trade, sells or exposes or offers for sale any instrument which to his knowledge––

(a) bears a stamp which is a forgery or counterfeit, or which has been altered or defaced otherwise than as permitted under this Act; or

(b) is false or unjust as a result of an alteration made in the instrument after it has been stamped;

shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding 12 months, or to both.

26A. Prohibition of employment of foreign technician, fitter, contractor etc.

Any person who employs a local or foreign technician, fitter or contractor, who does not have a service license issued by the Director under section 38, to carry out any installation works or to service or repair any weighing or measuring instrument, commits an offence and is liable, on conviction, to a fine not exceeding one hundred thousand penalty units, or in default to imprisonment for a term not exceeding five years.

[S 26A ins by s 17 of Act 12 of 2003.]

27. Prohibition of use of certain instruments, etc

(1) Any person who uses or has in his possession for use in trade any instrument––

(a) the use of which for such trade is not authorized by this Act;

(b) the use of which for such trade is in contravention of the provisions of this Act or any regulations made under this Act; or

shall be guilty of an offence and shall be liable on conviction, to a fine not exceeding five thousand penalty units or to imprisonment for a period not exceeding six months, or to both.

[S 27 am by Act 13 of 1994.]

28. Lawful use of certain unassized instruments

(1) Any person who has in his possession or charge for use in trade any unassized instrument shall, without undue delay––

(a) cause such instrument to be assized or re-assized; or

(b) obtain a written authority for the use in trade of such instrument from an assizer in terms of sub-section (2).

(2) A Metrologist may, upon receipt of—

(a) the prescribed fee; and

(b) a written statement by the holder of a service license that an assized instrument is correct and assizeable;

[S 28(2)(b ) am by s 18 of Act 12 of 2003.]

issue a written authority to any person to use that instrument in trade during such period, and subject to such conditions, if any, as the Metrologist may therein specify.

(3) A person who uses in trade or has in his possession or charge for use in trade an unassized instrument—

(a) in respect of which there is in force an authority issued under sub-section (2); and

(b) in accordance with the conditions, if any, specified in that authority,

shall not be liable to criminal proceedings under this part in respect of such use or possession of that instrument.

29. Use of false or unadjusted instruments

Any person who uses or has in his possession for use in trade, or hires out, permits or condones the use in trade of any instrument which is false or unjust shall be guilty of an offence and shall be liable, on conviction to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding six months, or to both.

[S 29 am by Act 13 of 1994.]

30. Sale of unstamped instruments

(1) A person who sells, exposes for sale or has in his possession for sale any instrument which does not bear a current valid stamp or seal of assize shall be guilty of an offence and shall be liable on conviction liable to a fine not exceeding five thousand penalty units or to imprisonment for a term of six months, or to both:

Provided that, this section shall not apply to an instrument which when made was not intended or designed for use for trade and which was permanently and clearly marked on a conspicuous part thereon with the words “NOT FOR TRADE USE”.

[S 30 am by Act 13 of 1994.]

31. Fraud in use of instruments

Where fraud is committed in the use of an instrument, the persons committing the fraud shall be liable to a fine not exceeding ten thousand penalty units or to 12 months imprisonment or both.

[S 31 am by Act 13 of 1994.]

32. False statements as to weight, measure, etc.

(1) Any person who, directly or indirectly––

(a) makes a false or incorrect declaration or statement as to the weight, length, width, gauge, area, capacity, volume or number of any commodity in connection with its purchase, sale, weighing or measuring;

(b) sells or causes to be sold anything by weight or measure short of the quantity demanded by the purchaser or represented by the sellers;

(c) sells or causes to be sold any article required to be sold in prescribed quantity, measure or number, in a lesser quantity, measure or number; or

(d) sells or causes to be sold any article in relation to which a unit price is quoted at a price otherwise than in accordance with such unit price.

shall be guilty of an offence and liable to a fine not exceeding ten thousand penalty units or to imprisonment for 12 months or to both.

32A. Payment of fine without appearing in court

(1) Where in respect of an offence under this Act––

(a) any person is informed by the Director or Metrologist that there is intention to institute criminal proceedings against that person for a particular offence; and

(b) the Director or Metrologist has reasonable grounds to believe that the court which shall try the person referred to in paragraph (a ) for the offence shall, on conviction, impose a fine exceeding two thousand penalty units;

the person may sign and submit to the Director or Metrologist a document admitting guilt to the offence and pay to the Director or Metrologist such amount as the Director or Metrologist may determine but not exceeding two thousand penalty units.

(2) The document referred to in sub-section (1) when signed and submitted under that section shall forthwith be transferred to the clerk of the court before which such person would otherwise have been charged and tried and shall be entered into the records of the court.

(3) Any Director or Metrologist who fails to remit the admission of guilt fees to the court commits an offence and shall be liable, on conviction, to imprisonment for a term not less than six months but not exceeding three years without the option of fine.

[S 32A ins by s 19 of Act 12 of 2003.]

33. Sale by unauthorised denominations

Any person who sells or exposes for sale any goods in a denomination of weight or measure other than the denominations of weight or measure authorised under this Act shall be guilty of an offence.

34. Offences due to default of third party

(1) A person (in this section called “the original defendant”) against whom proceedings are brought for an offence under this Act shall, upon information laid down by him and on giving the prosecution not less than three clear days notice of his intention to avail himself of the provisions of this sub-section, be entitled to have brought before the court in those proceedings any other person to whose act or default he alleges the commission of the offence was due; and if after the offence has been proved, the original defendant proves that–

(a) the Commission of the offence was due to an act or default of that other person; and

(b) he exercised all due diligence to avoid the commission of the offence by him or any other person under this control;

the original defendant shall be acquitted of the offence.

35. General penalty

(1) A person who contravenes the provisions of this Act or regulations made under this Act for which no specific penalty is provided shall be liable, on conviction––

(a) in the case of a first offence; to a fine not exceeding five thousand penalty units or to imprisonment for a period of six months, or both; and

(b) in the case of a second or subsequent offence, to a fine not exceeding ten thousand penalty units or to imprisonment for a period not exceeding 12 months, or to both.

(2) Where a person is convicted of any offence against this Act and the court by which he is convicted is of the opinion that such offence was committed with intent to defraud, such a person shall be liable in addition to or in lieu of any penalty to imprisonment for a term not exceeding three years.

[S 35 am by Act 13 of 1994.]

36. Offences by bodies corporate

If a body corporate is convicted of any offence under this Act or any regulations made under this Act, every person––

(a) who is a director of the corporation; or

(b) who is concerned in the management of the corporation;

shall be deemed to have committed the same offence if he knowingly authorised or permitted the act or omission constituting the offence.

PART VII
MISCELLANEOUS

37. Power of inspection and entry

(1) A Metrologist may at all reasonable times––

(a) enter into any place, vehicle, aircraft or ship where he has reasonable cause to believe there is an instrument which is used in trade and may inspect any such instrument and cause it to be compared with appropriate standards;

[S 37(1)(a ) am by s 20(a ) of Act 12 of 2003.]

(b) seize and detain any instrument or part of any instrument which he has reasonable cause to believe is used contrary to the provisions of this Act; and

(c) close, lock or otherwise seal any instrument which he finds to be used contrary to the provisions of this Act until such time as it can be repaired or adjusted and re-assized or the conditions imposed by the Metrologist are met.

(2) A Metrologist may at all reasonable times—

(a) enter any place, vehicle, aircraft or ship in or from which he has reasonable cause to believe any articles are sold or kept for delivery and may inspect and weight or measure any article found therein;

(b) order any person carrying or delivering any commodity apparently in the course of trade to stop, and may inspect, weight or measure any such commodity;

(c) for the purpose of paragraph (a ) or (b ), use any assized instrument at the place or vehicle where the commodity is inspected;

(d) order the seller of any article to produce for inspection and, if he thinks it necessary, seize and detain, any invoice, delivery note or other record kept by the seller relating to the weighing or measuring of the commodity;

(e) seize and detain any commodity in respect of which he has reasonable cause to believe that an offence has been committed under this Act; and

(f) order any person mentioned in paragraph (b ) or in charge of any place or vehicle mentioned in paragraph (a ) to––

(i) provide labour for the handling and weighing or measurement, in terms of this section, of any commodity;

(ii) give the name and address of his employer, if any.

(2A) A Metrologist may, if required to do so by any person on whose premises or property the metrologist has entered in exercise of powers under this section, produce to such person a written authority to enter the premises or property duly issued by the director for purposes of this section.

[S 37(2A) ins by s 20(b ) of Act 12 of 2003.]

(2B) A Metrologist may when entering upon any place or property be accompanied by such assistants as the metrologist may require and shall carry such equipment and tools as the metrologist may require for the performance of functions under this section.

[S 37(2B) ins by s 20(b ) of Act 12 of 2003.]

(3) Where a person has any goods in his possession for sale or delivery he shall, if required by an assizer for the purposes of sub-section (5), break open or permit the Metrologist to break open any wrapper or container in which the goods are packed.

(4) Any person who—

(a) fails to comply with any order or requirements under this section;

(b) hinders or obstructs a Metrologist's functions under this section; or

commits an offence and is liable, on conviction, to a fine not exceeding twenty thousand penalty units or in default to imprisonment for a term not exceeding two years.

[S 37 am by Act 13 of 1994; s 37(4) subs by s 20(c ) of Act 12 of 2003.]

38. Service License

(1) A person shall not make, manufacture, repair or sell, or offer, expose or possess for repair or sale, any instrument unless he holds a valid service license issued by the Superintendent Assizer authorising such person to do so.

[S 38(1) am by s 21(a ) of Act 12 of 2003.]

(1A) A foreign technician, fitter or contractor shall not carry out any installation, service or repair works of any weighing or measuring instrument unless such technician, fitter or contractor holds a valid service license issued by the Director.

[S 38(1A) ins by s 21(b ) of Act 12 of 2003.]

(2) Every license issued under this section—

(a) shall be—

(i) in such form;

(ii) issued on payment of such fees; and

(iii) valid for one year, as may be prescribed by regulation;

(b) may be renewed; and

(2A) Any person who contravenes sub-section (1) or (1A) commits an offence and is liable on conviction to a fine not exceeding twenty thousand penalty units or in default to imprisonment for a term not exceeding two years.

[S 38(2A) ins by s 21(c ) of Act 12 of 2003.]

39. Burden of proof

(1) In any proceedings under this Act in which it is necessary, in order to establish the charge against a person, to prove that a notice or any other means under this Act (1), in respect of any instrument, has been complied with to such instrument, shall be presumed unless the contrary is proved, at all relevant times to have used in trade by that person in the area to which the notice in question relates.

(2) Where any goods are found on any premises, or in any vehicles, used by any person for trade, the goods shall, unless the contrary is proved, be deemed for the purpose of this Act to be on or in the premises or vehicle for sale.

40. Recovery of fees

The Attorney-General may by action in a court recover the amount of a fee payable in terms of this Act.

41. Evidence of possession

Where any instrument is found––

(a) in the possession of a person carrying on trade; or

(b) on premises used for trade by any person whether or not such premises are a building or in the open air, and whether or not such premises are open or enclosed;

that person shall be deemed for the purposes of this Act to have such instrument in his possession for use for the purpose of trade.

42. Judicial notice

A document purporting to be signed by a Metrologist and certifying that a weighing or measuring instrument specified therein was inspected or examined and compared with the standard by him on a specified date, and stating the finding of his examination or inspection, shall be received in any court on production by any person, as prima facie evidence of the facts therein stated.

43. Forfeiture

Where a person has been convicted of an offence under this Act, the court may, if it thinks fit, either in addition to or without inflicting any other penalty, order that any instrument, stamp or other article in respect or by means of which the offence was committed be forfeited to the Republic.

43A. Vesting of assets of Assize Department

(1) On or after the appointed date, there shall be transferred to, and vest in, or subsist against, the Agency by virtue of this Act and without further assurance––

(a) the affairs of the Assize Department; and

(b) subject to this Act, all property, rights and obligations which immediately before the appointed date were the property, rights and obligations of the Assize Department.

(2) Except as provided in this Act, every deed, bond and agreement (other than an agreement for personal service) to which the Government was a party immediately before the commencement of this Act in respect of the Assize Department, whether in writing or not, and whether or not of such a nature that rights, liabilities and obligations there under could be assigned, shall, unless its subject-matter or terms make it impossible that it should have effect as modified in the manner provided by this sub-section, have effect as from the date of the assignment thereof as if––

(a) the Agency had been a Party thereto;

(b) for any reference to the Government there were substituted, as respects anything falling to be done on or after the appointed date, a reference to the Agency; and

(c) for any reference to any officer of the Assize Department not being a party thereto and beneficially interested therein there were substituted, as respects anything falling to be done or after the commencement of this Act, a reference to such officer of the Agency as the Agency shall designate.

(3) Subject to the provisions of sub-section (2), documents, other than those referred to therein, which refer specifically or generally to the assize Department shall be construed in accordance with sub-section (2) as far as applicable.

[S 43A ins by s 22 of Act 12 of 2003.]

43B. Registration of property to be transferred by Government

(1) Where under this Act, any property, rights liabilities and obligations of the Government through the assize Department are deemed transferred to the Agency in respect of which transfer a written law provides for registration, the Agency shall make an application in writing to the appropriate authority for registration of the transfer.

(2) The registration authority referred to in sub-section (1) shall make such entries in the appropriate register as shall give effect to each transfer and, where applicable, issue to the transferee concerned a certificate of title in respect of the property or make necessary amendments to the register, as the case maybe, and shall make endorsement on the deeds relating to the title, right or obligation concerned, and no registration fees, stamp duty or other duties shall be payable in respect thereof.

[S 43B ins by s 22 of Act 12 of 2003.]

43C. Legal Proceedings

(1) Without prejudice to the other provisions of this Act, where any right, liability or obligation vests in the Agency by virtue of this Act, the Agency and all other persons shall, as from the commencement of this Act, have the same rights, powers and remedies (and in Particular the same rights as to the instituting or defending of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting that right, liability or obligation as they would have had if it had at all times been a right, liability or obligation of the Agency.

(2) Any legal Proceedings or applications of any authority pending immediately before the commencement of this Act by or against the Government in respect of the Assize Department may be continued by or against the Agency.

(3) After the commencement of this Act, proceedings in respect of any right, liability or obligation which was vested in, held, enjoyed, incurred or suffered by the Government in respect of the Assize Department may be instituted by or against the Agency.

[S 43C ins by s 22 of Act 12 of 2003.]

43D. Terms of Service of employees of Department

(1) On after the appointed date, the agency shall on such terms and conditions as it may, with the approval of the Minister, determine, appoint as officers of the Agency such public officers from the Assize Department as may be necessary for the performance of the functions of the Agency.

(2) Where an officer from the Public Service is appointed to the service of the Agency––

(a) the terms and conditions of service with the Agency shall not be less favourable than those the officer enjoyed in the Public Service; and

(b) the officer shall be deemed to have retired under section 39 of the Public Service Pensions Act.

(3) On or after the appointed date employees of the Assize Department who are not engaged by the agency under sub-section (2) shall be retained by the Government and shall––

(a) be redeployed in the service of the Government; or

(b) be retired under section 39 of the Public Service Pensions Act.

[S 43D ins by s 22 of Act 12 of 2003.]

44. Regulations

The Minister, on advice of the Board may by Statutory Instrument make regulations prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or expedient to the proper carrying out of the purposes of this Act.

[S 44 am by s 23 of Act 12 of 2003.]

45. Repeal of Caps. 697, 710Section 45 is repealing the Weights and Measures Act and the Metric Systems Act (this can be inferred from the Preamble of this Act). However, exact content of section 45 can not be traced.[sic]

FIRST SCHEDULE

BASE UNIT OF SI

The Base Units of the SI are defined as follows

Physical Quantity

Name of Unit

Unit Symbol

Definition

1. Length

Meter

The meter is the length of the path travelled by light in vacuum during a time interval of 1/299 792 458 of a second

2. Mass

Kilogram

The kilogram is the unit of mass; it is equal to the mass of the international prototype of the kilogram. Note: This international proto- type is made of platinum, iridium and is kept at the International Bureau of Weights and Measures, Scores, Paris, France.

3. Time

Second

The second is the duration of 9192631770 periods of the radiation corresponding to the transition between the two hyperfine levels of ground state of the caesium-133 atom.

4. Electrical

Ampere

The ampere is that constant current which, if maintained in two straight parallel conductors of infinite length, of negligible circular cross-section, and placed one meter apart in vacuum, would produce between these conductors a force equal to 2 x 10 newton per meter.

5. Thermo-

Kelvin

The Kelvin, unit of thermodynamic dynamic temperature, is the fraction 1/273.16 temperature of the thermodynamic temperture of the triple point of water.

6 Luminosity

Candela

The candela is the luminous intensity, in a given direction, of a source that emits monochromatic radiation of frequency 540 x 1012 hertz and that has a radiant intensity in that direction is 1/683 watt per steradian.

7. Amount

Mole

Mol

The mole is the amount of substance of substance of a system which contains as many elementary entities as there are atoms in 0.012 kilogram of carbon 12. Note: When the mole is used, the elementary entities must be specified and these may be atoms, molecules, ions, electrons, other Particles or specified groups or such Particles.

SECOND SCHEDULE

SUPPLEMENTARY UNITS OF SI

The supplementary units of the SI are defined as follows-

Physical Quantity

Name of Unit

Unit Symbol

Definition

1. Plane

Radian

Rad

The radian is the plane angle between two radii of a circle which cut off on the circumference an arc equal in lengths to the radius.

2. Solid

Steradian

The steradian is the solid angle which, having its vertex in the centre of sphere equal to that of a square with sides of length equal to the radius of the sphere.

THIRD SCHEDULE

(1) DERIVED UNITS OF SI

A derived unit means a unit derived only from the base units set out and defined in the First Schedule or the Supplementary Units set out and defined in the Second Schedule or both by the process of multiplication or division or both without the introduction of any co-efficients. The derived units of SI are defined as follows-

Quantity

Name

Symbol

Area

Square meter

Volume

Cubic meter

Speed Velocity

meter per second

m/s

Acceleration

meter per second squared

m/s2

Wave number

1 per meter

m-1

Density, mass density

kilogram per cubic meter

kg/m3

Specific volume

cubic meter per kilogram

m3/kg

Current density

ampere per square meter

A/m2

Magnetic field Strength

ampere per meter

A/m

Concentration (of amount of substance)

mole per cubic meter

mol/m3

Luminance

candela per square meter

cd/m2 (2) SI DERIVED UNITS WITH SPECIAL NAMES

Quantity of Units

Name

Symbol

Expression in terms of other SI Units

Expression in terms of SI base

Frequency

Hertz

S-1

Force

Newton

m kg S-2

Pressure Stress

pascal

N/m2

m-1 kg S-2

Energy work quantity of heat

Double

m2 kg S-2

Power, radiant, flux

Watt

J/S

m2 kg S3

Electric charge quantity of electricity

coulomb

SA Electric

potential difference, electro- motive force

Volt

W/A

m2 kg S-3 A-1

Capacitance

Farad

C/V

m2 kg s-1 S4A2

Electric resistance

Ohm

V/A

m2 kg s-3 A-2

Electric Conductance

Siemens

A/V

m-2 kg-1 s3 A2

Magnetic flux

Weber

V/s

m2 kg s-2 A-1

Magnetic flux

Tesla

Wb/m2

kg s-2 A-1

Inductance

Henry

Wb/A

m2 kg s-2 A-2

Celsius temperature degree

Degree

Luminous flux

Lumen

cd sr (b )

Illuminance

Lux

lm/m2

m-2 cd sr (b )

Activity (of a radio-nuclide)

becquerel

s-1

Absorbed dose, specific energy

Grey

J/kg

m2 s-2

Imparted, kerma absorbed dose index dose equivalent index

Sievert

J/kg

M2 S-2

(3) SI DERIVED UNITS EXPRESSED BY MEANS OF SPECIAL NAMES

Quantity

Name

Symbol

Expression in terms of SI base units

Dynamic viscosity

pascal second

Pas

m1 kg s-1

Moment of force

newton meter

m2 kg s-2

Surface tension newton per meter

kg s-2

Heat flux density, irradiance

watt per square meter

W/m2

kg s-3

Heat capacity, entropy

joule per Kelvin

J/K

m2 kg s-2 K-1

Specific head capacity, specific entropy

joule per kilogram kelvin

J/(kg K)

m2 s-2 K-1

Specific energy

joule per kilogram

J/kg

m2 s-2

Thermal conductivity

watt per meter Kelvin

W/(mK)

m kg s-3 K-1

Energy density

joule per cubic meter

J/m3

m-1 kg s-2

Electric field strength

volt per meter

V/m

m kg s-3 A-1

Electric charge density

coulomb per cubic meter

C/m3

m-3 s A

Electric flux density

coulomb per meter square

C/m

m-2 s A

Permittivity

farad per meter

F/m

m-3 kg-1 s4 A2

Permeability

henry per meter

H/m

m kg s-2 A-2

Molar energy

joule per mole

J/mol

m2 kg s-2 mol-1

Molar entropy, molar heat

joule per mole Kelvin

J/(mol K)

m2 kg s-2 K-1 mol-1

Exposure (X and Y rays)

Kilogram

C/kg

kg-1 sA

Absorbed dose

gray per second

Gy/s

m2 s-3 (4) SI DERIVED UNITS FORMED BY USING SUPPLEMENTARY UNITS

Quantity

Name

Symbol

Angular velocity

radian per second

rad/s

Angular acceleration

radian per second squared

rad/s2

Radiant density

watt per steradian

W/sr

Radiance

watt per square meter

Electric

Steradian

W m-2 sr-1 (5) SI UNITS TEMPORARY ACCEPTED

Name

Symbol

Approximate Value

Angstrom

1A degree = 1010m

Barn

1b = 10-28m

Curie

1ci = 3.7 x 10-10s-1 (exactly)

Gal

1Gal = 10-10m s-2

Metric Carat

1CM = 2 x 10-4 kg

Rad

1rd = 10-2J kg-1

Roentgen

1R = 2.58 x 10-4C kg-1

Quintal

1q = 100 kg

Standard atmosphere

Atm

1 atm = 101 325 pa

Are

1a = 1 dam2 = 102 m2

Hectare

1 ha = 1hm2 = 104 m2

Nautical mile

1 nautical mile = 1852m

Knot

1 knot = 1 nautical mile per hour

FOURTH SCHEDULE

Units, used with international system, whose values are obtained experimentally.

Name

Symbol

Approximate Value

Electron volt

1.602 19 x 10-19J

Unifical atomic mass

1.660 57 x 10-27 kg

Astronomical unit

1AU = 149 597 870 x 106m

Parsec

1 pc = 206 265 AU = 30857 x 1012m

FIFTH SCHEDULE

SI prefixes for multiples and sub-multiples

Factor

Prefix

Symbol

1018

Cxa

1015

Peta

Factor

Prefix

Symbol

1012

Tera

109

Giga

106

Mega

103

Kilo

102

Hector

101

Deca

10-1

Deci

10-2

Centi

10-3

Milli

10-6

Micro

10-9

Nano

10-12

Pico

10-15

Femto

10-18

Atto

A * Not applicable to the base unit “kilogram” but applicable to the thousandth sub-multiple thereof, namely the “gram”

SIXTH SCHEDULE

These are internationally agreed units which are deviations from strict SI. They are permitted either because of their practical importance or because of their use in specialised scientific fields. The Units may be used together with SI units and their multiples and submultiples.

The names of the permitted units, the physical quantities they represent, their symbols and definitions are listed hereunder:-

Physical Quantity

Name of Unit

Symbol

Definition

1. Time

Minute

min

1 min = 60s

Hour

1h = 60 min

Day

1d = 24h

Week

1wk = 7d

Calendar

Year

1 yr = 365 dys or 366 (leap yr)

2. Plane angle

Degree

1 degree = (II/180) radian

Minute

1 minute = (1/60) degree

second

“

1 inch = (1/60) minute

3. Volume or capacity

Liter

11 = 1 dm3

4. Mass

Tone

1t = 1000 kg

5. Pressure

Bar

1bar = 100, 000 pa

Standard atmosphere

Atm

1 atm = 101325 pa

6. Area

Are

1 are = 100m2

Hectare

1hectare = 10000 m2

7. Temperature

degree Celsius

ºC

1 degree C = 273 K

8. Marine and aerial

nautical mile

1 nautical mile = 1852m

9. Aerial Navigation Knot

Knot

1 Knot = 1 nautical mile per hour

SEVENTH SCHEDULE

PART I
MEASUREMENT OF LENGTH

Kilometer

1000 meters

Meter

as defined in the First Schedule

Decimeter

1/10 meter

Centimeter

1/100 meter

Millimeter

1/1000 meter

PART II
MEASUREMENT OF AREA

Hectare

100 are

Decare

10 are

Are

100 square meters

Square meter

a superficial area equal to that of a square each side of which measures one meter

PART III
MEASUREMENT OF VOLUME

Cubic meter -

A volume equal to that of a cube each edge of which measures one meter

Cubic decimeter -

1/1000 cubic meter

Cubic centimeter -

1/1,000,000 cubic meter

PART IV
MEASUREMENT OF CAPACITY

Liter

The capacity equal to that of a cube each edge of which measures one decimeter

Deciliter -

1/10 liter

Centiliter -

1/100 liter

Milliliter -

1/1000 liter

PART V
MEASUREMENT OF MASS OR WEIGHT

Metric ton or tonne -

1000 kilogram

Quintal -

100 kilogram

Kilogram -

Unit of mass as defined in the First Schedule

Hectogram -

1/10 kilogram

Gram -

1/1000 kilogram

Carat (metric)

1/5 gram

Milligram

1/1000 gram

PART VI
MEASUREMENT OF ELECTRICITY

The following units of measurements, that is to say—

(a) The Ampere (as the unit of measurement of electrical current);

(b) The Ohm (as the unit of measurement of electrical resistance);

(d) The Watt (as the unit of measurement of electrical power):

shall have the meanings from time to time respectively assigned by order by the Minister, being the meaning appearing to the Minister to reproduce in English the international definition of the Ampere, Ohm, Volt or Watt as the case may be, in force at the date of making of the order.

1 kilowatt -

1 000 Watts

1 megawatt -

1 000,000 watts

PART VII

Hour -

60 minutes

Minute -

60 seconds

Second - as defined in the First Schedule

EIGHT SCHEDULE

Physical weights and measures lawful for use for trade

1. Capacity measures of:

10 liters

5 liters

2.5 liters

2 liters

1 liter

500 milliliters

250 milliliters

100 liters

50 milliters

25 milliters

20 milliliters

10 milliliters

5 milliliters

1 milliliter

2. Weights of:

20 kilograms

10 kilograms

5 kilograms

2 kilograms

1 kilogram

500 grams

200 grams

100 grams

50 grams

20 grams

10 grams

5 grams

2 grams

1 gram

500 milligrams

200 milligrams

100 milligrams

50 milligrams

20 milligrams

10 milligrams

5 milligrams

2 milligrams

1 milligram

3. Metric carat weights of:

500 carats

200 carats

100 carats

50 carats

20 carats

10 carats

5 carats

2 carats

1 carat

0.5 carat

0.2 carat

0.1 carat

0.05 carat

0.02 carat

0.01 carat

0.005 carat

4. Linear measures of:

50 meters

30 meters

20 meters

10 meters

5 meters

3 meters

2 meters

1.5 meters

1 meter

0.5 meter

0.1 meter

0.01 meter

5. Square measures of, or any multiple of, 1 square decimeter

6. Cubic measures of, or any multiple of, 0.1 cubic meter

NINTH SCHEDULE

FORM A

FORM OF CERTIFICATE OF VERIFICATION OF SECONDARY STANDARDS

We hereby certify that the several secondary standards

...................................................................................................................................................

have been this day, duly compared in our presence and found to agree with the national standard.

...................................................................................................................................................

……………………………………………………………………………........... Wardens of the secondary standards.

...................................................................................................................................................

Dated this .....................day of ....................................................................................19…......

FORM B

CERTIFICATE OF EXAMINATION OF WORKING STANDARDS

I hereby certify that the several working standards at Weights and Measures office viz.,

.................................................................................................................................................

have been this day duly compared by me and found to agree with the secondary standards

Dated this .........................day of.............................................................................. 20........

................................................................................

Assizer of Weights and Measures

TENTH SCHEDULE

The manner in which certain goods shall be sold:

PART I:
BY WEIGHT

1. Aerosol products.

2. All food stuffs, other than those specified elsewhere in this Schedule.

3. Animal and pet food.

4. Cement.

5. Cleaning and scouring powder, soap flakes, soap powder, detergents (other than liquid detergents and exceeding 5 liters).

6. Dentifrices.

7. Liquid petroleum gas.

8. Lubricant greases.

9. Nails.

10. Sisal.

11. Solid fertilisers, agricultural material and agricultural salt.

12. Solid fuel.

13. Solid insecticides and solid fungicides.

14. Solid polishes and dressings analogous to solid polishes.

15. Tobacco (including snuff).

16. Cotton.

PART II:
BY WEIGHT OR NUMBER

1. Cassava root.

2. Cigars.

3. Cigarettes.

4. Eggs in shell.

5. Fresh fruits.

6. Maize on the cob.

7. Stationery and envelopes.

8. Sweetening tablets and soft drink tablets.

PART III:
BY CAPACITY MEASURE

1. Castor oil.

2. Cream (not exceeding 1 liter).

3. Edible oil (not exceeding 1 liter).

4. Intoxicating drinks.

5. Liquid fuel excluding liquid petroleum gas; lubricating oil (not exceeding 20 liters); any mixture of liquid fuel and lubricating oil.

6. Liquid fungicides and liquid insecticides.

7. Liquid polishes and liquid dressings analogous to polishes.

8. Liquid soap; liquid detergents (not exceeding 5 liters).

9. Milk (not exceeding 5 liters).

10. Perfumes and toilet waters.

11. Soft drinks and mineral waters.

12. Squashes and fruit juices.

13. Thinners.

14. Vinegar.

15. Shoe polish.

PART IV:
BY WEIGHT OR CAPACITY MEASURE

1. Charcoal.

2. Distemper.

3. Lubricating oil (exceeding 20 liters).

4. Maize grain.

5. Milk (exceeding 5 liters).

6. Paint, varnish lacquer and paint remover.

7. Sand and ballast.

8. Strainers.

9. Toilet preparations.

PART IV:
BY WEIGHT OR LINEAR MEASURE

1. Bias binding.

2. Elastic.

3. Fencing wire.

4. Knitting and sewing thread.

5. Ribbon.

6. Rope.

7. Sisal twine.

8. String.

9. Tape.

10. Fabrics.

ELEVENTH SCHEDULE

QUANTITIES IN WHICH CERTAIN GOODS SHALL BE PRE-PACKED

(a )

(b )

Quantity when packed in rigid containers of glass, plastic or metal

Quantity when packed in containers other than rigid containers of glass, plastic or metal

1. Bacon and sausage

100g, 200g, 250g, 300g 400g, 500g, 1kg, there-after by steps of 1kg.

100g, 200g, 250g, 300g 400g, 500g, 1kg there-after by steps of 1kg.

2. Barley

100g, 200g, 250g, 300g 400g, 500g, 1kg, there- after by steps of 1kg.

3. Beans, peas

250g, 500g, 1kg, there- after by steps of 1kg up to 10kg.

250g, 500g, 1kg, there-after by steps of 1kg up to 10kg.

4. Beer

250ml, 300ml, 375ml, 400ml, 500ml, 600ml, 750ml.

5. Biscuits

50g, 100g, 150g, 200g, 300g, 400g, 500g, 1kg, thereafter by steps of 500g.

50g, 100g, 150g, 200g 300g, 400g, 500g, 1kg, thereafter by steps of 500g.

6. Butter

100g, 200g, 250g, 300g, 400g, 500g, 1kg, there- after by steps of 1kg.

250g, 500g, 1kg

7. Cashew nuts (in shell)

80kg

8. Cassava flour

500g, 1kg, 2kg, 4kg, 5kg, 60kg.

9. Castor oil

100ml, then by multiples of 100ml to 1 liter thereafter by steps of 1 liter.

100ml, then by steps of 100ml to 1 liter.

10. Castor seed

65kg

11. Cement

50kg

12. Coffee, tea (other than tea in chests), cocoa powder, chicory mixture

50g, 100g, 250g, 500g, 1kg, thereafter by steps of 1kg.

13. Cooking fat including dripping, lard and shredded suet.

100g, 250g, 500g, 1kg, thereafter by steps of 1kg.

14. Custard Powder

50g, 100g, 250g, 500g, 1kg, thereafter by steps of 1kg.

50g, 100g, 250, 500g, 1kg, thereafter by steps of 1kg.

15. Charcoal

30kg.

16. Cream (not exceeding 1 liter)

100ml, 200ml, 300ml 400ml, 500ml, 1 liter

100ml, 200ml, 300ml, 400ml, 500ml, 1 liter.

17. Edible oil

100ml, thereafter by steps of 100ml up to 1 liter; 2 liters, 2.5 liters; 3 liters, thereafter by steps of 1 liter.

100ml, thereafter by steps of 100ml to 1 liter.

18. Flour of oats, rice, beans, self-raising Flour

100g, 250g, 500g, 1kg, thereafter by steps of 1kg.

19. Ghee

500kg, 1kg, 2kg, 3kg, 4kg, 18kg.

500g, 1kg,

20. Jam, Marmalade honey, jelly

100g, 200g, 250g, 300g, 400g, 500g, 1kg, there- after by steps of 1kg.

21. Liquid fuel

250ml, 500ml, 1 liter, then by steps of 5 liters to 100 liters; thereafter by steps of 10 liters.

22. Liquid Fungicides and liquid Insecticides

250g, 500g, 1 liter thereafter by steps of 1 liter.

23. Liquid polish

100ml, then by steps of 100ml up to 500ml, thereafter by steps of 1 liter.

24. Liquid soap; liquid of Detergents (not exceeding 5 liters)

100ml, then by steps 100ml up to 500ml, 1 liter, thereafter by steps of 1 liter, 20kg in 20 liter tin, thereafter by steps of 10kg.

25. Lubricating oil, excluding grease (not exceeding 20 liters)

250 ml, 500ml, 1 liter and

thereafter by steps of

1 liter to 5 liters, 10

liters, 15 liters, 20

liters.

26. (a ) Maize

1kg, thereafter by steps of 1 kg up to 10kg, 25kg, 50kg, 90kg.

(b ) Maize grain

1kg, thereafter by steps of 1kg up to 10kg, 20kg, 25kg, 50kg, 90kg.

(c ) Maize bram

50kg, thereafter by steps of 5kg.

27. Margarine and mixture of margarine and butter

100g, 250g, 500g, 1kg

100g, 250g, 500g, 1kg.

and thereafter by

steps of 1kg to 5kg,

20kg, 180kg.

28. Milk (not exceeding

100ml, 200ml, 250ml,

500ml, 1 liter,

500ml, 1liter

5 liters Excluding Evaporated unsweetened condensed milk

thereafter by steps

of 1 liter except

of 1 liter

tinned milk in 100ml,

200ml, 300ml, 400ml,

500ml.

29. Milk powder Including milk food and milk food substitutes for feeding infants

100g, 250g, 500g, 1kg,

thereafter by steps

of 1kg.

30. Millet, Sorghum, groundnuts

90kg

31.Molasses, treacle and syrup

100g, 200g, 300g, 400g,

500g, 1kg, thereafter by steps of 1kg.

32. Paint and Distemper

125ml, 250ml, 500ml,

1 liter, 2 liters, 2.5 liters, 5 liters, 20 liters.

33. Rice

250g, 500g, 1kg, 2kg,

2.5kg, 3kg, 4kg, 5kg, and thereafter by steps of 5kg.

34. Rice bram

50kg and thereafter by steps of 5kg.

35. Rice paddy

75kg.

36. Salt

100g, 250, 500g, 1kg,

100g, 250g, 500g, 1kg,

2kg.

2kg, 25kg, 50kg, 100kg.

37. Soap

25g, 50g, 100g, 150g,

200g, 300g, 400g,

500g, 800g, 1kg,

1.25kg, 1.5kg, 2kg,

2.25kg, 2.5kg, 3kg,

and thereafter by

steps of 1kg.

38. Soft drinks and mineral waters

100ml thereafter by

steps of 10ml to 1 liter

39. Shoe polish

15ml, 30ml, 40ml, 100ml.

40. Solid polish (other than shoe polish)

15g, 20g, 40g, 100g,

then steps of 100g to

1 kg thereafter by steps

of 1 kg.

41. Spices

5g, 10g, 20g, 30g,

40g, 50g, 60g, 100g,

200g, 300g, 400g,

500g, 1kg, thereafter

by steps of 1kg.

42. Squashes and fruit juices

100ml thereafter by

steps of 10ml up to

steps of 10ml up to 1 liter.

1 liter.multiples

Multiples of 1 liter.of 1 liter.

43. Stout

250ml, 300ml, 500ml, 750ml.

44. Sweets (sugar confectionery).

100g, 250g, 500g, 1kg, there-

100g, 250g, 500g, 1kg,

after by steps of 1kg.

thereafter by steps of 1kg.

45. Sugar

100g, 250g, 500g, 1kg,

thereafter by steps of 1kg to 10kg, 50kg, 100kg.

46. Toilet paper

200, 300 leaves per roll of 140 to 160 sq. cm.

per leaf.

47. Wheat bran

250g, 500g, 1 kg, thereafter by steps

of 1kg to 10kg, 20kg 50kg, 90kg.

48. Wheat flour and wheat grain

250g, 500g, 1kg,

thereafter by steps

of 1kg to 10kg; 20kg,

50kg, 90kg.

49. Wheat pollard

50kg thereafter by steps

of 25kg.

50. Bread in any form

100g, 250, 500g,

800g, 1kg.

51. Opaque beer (Chibuku)

500ml, 1 liter, 2

liters, 2.5 liters, 5 liters, 10 liters, 20 liters.

52. Spirits

35ml or its multiples.

TWELFTH SCHEDULE

GOODS REQUIRING STATEMENT OF WEIGHT OR MEASURE

DESCRIPTION OF GOODS

1. Paint (excluding paint packed in tubes, jars or boxes commonly sold as artists or children's paints).

2. Varnish.

3. Distemper.

4. Thinner.

5. Enamel paint.

6. Lacquer.

7. Strainer.

8. Sewing, knitting and embroidery cotton.

9. Bacon and sausages.

10. Barley.

11. Beans, gram peas.

12. Beer.

13. Biscuits.

14. Butter.

15. Cashew nuts (in shell).

16. Cassava.

17. Castor oil.

18. Castor seed.

19. Cement.

20. Coffee, tea (other than tea in chests) cocoa powder, chicory mixture.

21. Cooking fat including dripping lard and shredded suet.

22. Custard powder.

23. Charcoal.

24. Edible oil.

25. Cream (not exceeding 1 liter).

26. Flour of oats, rice, beans, rye, soya beans, self-raising flour.

27. Ghee.

28. Jam, marmalade, honey, jelly.

29. Liquid fuel.

30. Liquid fungicides and liquid insecticides.

31. Liquid soap, liquid detergent (not exceeding 5 liters).

32. Liquid polish.

33. Lubricating oil excluding grease (not exceeding 20 liters).

34. (a ) Maize flour.

(b) Maize grain.

35. Margarine and mixture of butter and margarine.

36. Milk (not exceeding 5 liters) excluding evaporated unsweetened milk and sweetened condensed milk.

37. Milk powder including milk food and milk food substitutes for feeding infants.

38. Millet, groundnuts and sorghum.

39. Molasses, treacle and syrup.

40. Rich bran.

41. Rice.

42. Salt.

43. Rice paddy.

44. Soft drinks and mineral waters.

45. Soap.

46. Solid polish (other than shoe polish).

47. Shoe polish.

48. Squashes and fruit juices.

49. Spices.

50. Sweets (sugar confectionery).

51. Stout.

52. Sunflower seed.

53. Sugar.

54. Wheat bran.

55. Toilet paper.

56. Wheat pollard.

57. Wheat flour and wheat grain.

THIRTEENTH SCHEDULE

[Section 24]

[Thirteenth Sch subs by s 25 of Act 12 of 2003.]

PART I
THE ZAMBIA WEIGHTS AND MEASURES AGENCY

1. Seal of Agency

(1) The seal of the Agency shall be such device as may be determined by the Board and shall be kept by the Secretary.

(2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Secretary or any other person authorised in that behalf by a resolution of the Board.

(3) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed without seal on behalf of the Board by the Secretary or any other person generally or specifically authorised by the Board in that behalf.

(4) Any document purporting to be a document under the seal of the Agency or issued on behalf of the Agency shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved.

2. Tenure of office and vacancy

(1) Subject to the other provisions of this Act, a member of the Board shall hold office for a period of three years from the date of appointment and shall be eligible for re-appointment for one further term of three years:

Provided that, the first member shall be appointed for periods ranging from two to three years in order to facilitate retirement by rotation.

(2) A member may resign upon giving one month’s notice, in writing, to the organisation which nominated the member and to the Minister.

(3) The office of the member shall become vacant—

(a) upon the member’s death;

(b) if the member is absent without reasonable excuse from three consecutive meetings of the Board of which the member has had notice;

(d) if the member becomes mentally or physically incapable of performing the duties of a member of the Board; or

(e) if the member is declared bankrupt.

(4) On the expiration of the period for which a member is appointed the member shall continue to hold office until a successor has been appointed but in no case shall the further period exceed four months.

3. Filling of casual vacancy

Whenever the office of a member becomes vacant before the expiry of term of office, the Ministry may appoint another member in place of the member who vacates office but that member shall hold office only for the unexpired part of term.

4. Proceedings of Board

(1) Subject to the other provisions of this Act, the Board may regulate its own procedure.

(2) The Board shall meet for the transaction of business at least once every three months at such places and times as the Chairperson may determine.

(3) The Chairperson may, upon giving notice of not less than 14 days, call a meeting of the Board and shall call a special meeting to be held within 14 days of receipt of a written request to the Chairperson by at least five members of the Board.

(4) If the urgency of any particular matter does not permit the giving of such notices as is required under sub-section (3), a special meeting may be called by the Chairperson, upon giving a shorter Board.

(5) Five members of the Board shall form a quorum at any meeting of the Board.

(6) There shall preside at any meeting of the Board—

(a) the Chairperson;

(b) in the absence of the Chairperson, the Vice-Chairperson; or

(c) in the absence of the Chairperson and the Vice-Chairperson such member as the members present may elect 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 at the meeting shall have a casting vote in addition to the deliberative vote.

(8) The Board may invite any person, whose presence is in its opinion desirable, to attend and to participate in the deliberations of the meeting of the Board but such person shall have no vote.

(9) The validity of any proceedings, act or decision of the Board shall not be affected by any vacancy in the membership of the Board or by any defect in the appointment of any member or by reason that any person not entitled to do so took part in the proceedings.

5. Committees of Board

(1) The Board may, for the purpose of performing its functions under this Act, constitute such committees as it considers necessary and may delegate to any committee such of its functions as it considers fit.

(2) The Board may appoint as members of a committee, persons who are, or are not, members of the Board, except that at least one member of a committee shall be a member of the Board.

(3) A person serving as a member of a committee shall hold office for such period as the Board may determine.

(4) Subject to any specific or general direction of the Board a committee may regulate its own procedure.

6. Allowances for members

The members of the Board or any committee shall be paid such allowances as the Board may, with the approval of the Minister, determine.

7. Disclosure of interest

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

(2) A declaration of interest made under sub-section (1) shall be recorded in the minutes of the meeting at which it is made.

8. Prohibition of disclosure of information

(1) A person shall not, without the consent in writing given by, or on behalf of, the Agency, publish or disclose to any person otherwise than in the course of duties, the contents of any document, communication, or information which relates to, and which has come to the person’s knowledge in the course of the person’s duties under this Act.

(2) Any person who knowingly contravenes the provisions of sub-paragraph (1) commits an offence and shall be liable, upon conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a period not exceeding three months, or to both.

PART II
FINANCIAL PROVISIONS

9. Funds of Agency

(1) The funds of the Agency shall consist of such money as may––

(a) be appropriated to the Agency by Parliament for the purposes of the Agency;

(b) be paid to the Agency by way of loans, grants or donations; and

[Thirteenth Sch. para 9(1)(b ) am by s 2(a ) of Act 13 of 2013.]

(2) The Agency may––

(a) accept money by way of grants 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 money as it may require for the discharge of its functions; and

(c) any fees, fines and penalties charged and collected under this Act shall form part of the general revenues of the Republic.

[Thirteenth Sch. para 9(2)(c ) ins by s 2(b ) of Act 13 of 2013.]

(3) There shall be paid from the funds of the Agency––

(a) salaries, allowances, loans, gratuities and pensions of staff of the Agency and other payments for the recruitment and retention of staff;

(b) such reasonable travelling and subsistence allowances for members and members of any committee of the Board when engaged in the business of the Board and at such rates as the Board may, with the approval of the Minister, determine; and

(4) The Agency may, with the approval of the Minister, invest in such manner as it thinks fit such of its funds as it does not immediately require for the discharge of its functions.

10. Financial year

The financial year of the Agency shall be the period of 12 months ending on 31st December of each year.

11. Accounts

(1) The Agency shall cause to be kept proper books of account and other records relating to its accounts.

(2) The accounts of the Agency shall be audited annually by independent auditors appointed by the Agency, subject to the approval of the Minister.

(3) The auditor’s fees shall be paid by the Agency.

12. Annual report

(1) As soon as practicable, but not later than 90 days after the end of the financial year, the Agency shall submit to the Minister a report concerning its activities during the financial year.

(2) The report referred to in sub-section (1) shall conclude information on the financial affairs of the

Agency and there shall be appended to the report––

(a) an audited balance sheet;

(b) an audited statement of the income and expenditure; and

(3) The Minister shall not later than seven days after the first sitting of the National Assembly next after receipt of the report referred to in sub-paragraph (1), lay the report before the National Assembly.

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