CHAPTER 247 - CONTROL OF DOGS: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Control of Dogs (Inoculation) Regulations
[Section 3]
[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]
Arrangement of Regulations
PART I
PRELIMINARY
Regulation
1. Title
2. Interpretation
PART II
REGISTRATION
3. Application of Part II
4. Power to exempt
5. Application for registration
6. Certificate of registration
7. Collars to be worn
8. Duplicate badge
9. Transfer of ownership of dog
10. Production of dog and certificate
11. Limitation of certificates
12. Prescribed fees
13. Dogs temporarily in area to which Part II applies
14. Destruction of dogs
15. Destruction of stray dogs
PART III
IMPORTATION
16. Introduction of dogs without permit prohibited
17. Application for permit
18. Preservation and production of permit
19. Disposal of dogs introduced without permit
PART IV
PREVENTION OF RABIES
20. Preventive measures
21. Destruction of rabid dog
22. Measures to be taken by owner
23. Suspected rabid dogs
24. Control by Veterinary Officer or Livestock Officer or Veterinary Assistant
25. Disposal of carcass
26. Declaration of infected area
27. Power of Director of Veterinary Services to vary areas
28. Regulations applicable to infected areas
29. Publication in Gazette
PART V
PREVENTION OF TRYPANOSOMIASIS
30. Power to seize and detain
31. Prohibition of movement
PART VI
MISCELLANEOUS
32. Powers of officers
33. Movement from Veterinary Districts
34. Penalties
[Regulations by the Minister]
Act 13 of 1994,
GN 1 of 1933,
GN 26 of 1933,
GN 117 of 1933,
GN 7 of 1935,
GN 27 of 1935,
GN 10 of 1937,
GN 58 of 1937,
GN 127 of 1938,
GN 18 of 1940,
GN 35 of 1940,
GN 31 of 1943,
GN 237 of 1944,
GN 268 of 1947,
GN 239 of 1948,
GN 94 of 1949,
GN 95 of 1949,
GN 193 of 1949,
GN 229 of 1949,
GN 230 of 1949,
GN 99 of 1950,
GN 130 of 1950,
GN 287 of 1950,
GN 332 of 1950,
GN 186 of 1951,
GN 208 of 1952,
GN 261 of 1953,
GN 89 of 1954,
GN 264 of 1957,
GN 278 of 1957,
GN 336 of 1958,,
GN 497 of 1964,
SI 29 of 1964,
SI 57 of 1965,
SI 88 of 1979,
SI 222 of 1979,
SI 119 of 1982,
SI 70 of 1987,
SI 130 of 1989,
SI 170 of 1989.
PART I
PRELIMINARY
These Regulations may be cited as the Control of Dogs Regulations
In these Regulations, unless the context otherwise requires- "Council" shall have a meaning assigned to it in the Local Government Act.
"Director of Veterinary Services" includes a Deputy Director of Veterinary Services;
"officer" includes any Registering Authority, Administrative Officer, Veterinary Officer, police officer of or above the rank of Sub-Inspector, officer of the Department of Wildlife, Fisheries and National Parks, Livestock Officer and Veterinary Assistant;
"outbreak" means any known or suspected case of rabies;
"Registering Authority" means any person specified in the First Schedule;
"valid certificate of inoculation" means a certificate issued by an officer or veterinary surgeon and so endorsed by such officer or veterinary surgeon to indicate that the dog has been inoculated in accordance with regulation 4 of the Control of Dogs (Inoculation) Regulations;
"Veterinary District" shall have the same meaning as in the Stock Diseases Regulations.
[As amended by No. 35 of 1940, No. 31 of 1943, No. 193 of 1949, No. 99 of 1950, No. 278 of 1957, No 36 of 1959, No. 57 of 1965 and No. 130 of 1989]
PART II
REGISTRATION
This Part shall apply to the areas set out in the Second Schedule.
The Minister may, by statutory notice, declare that the provisions of these Regulations or of any Part thereof shall not apply in the case of dogs owned by any specific class of persons, either generally or in any particular area.
[No. 229 of 1949 as amended by No. 319 of 1964]
5. Application for registration
Application for registration of any dog as hereinafter provided shall be made to a Registering Authority in the district in which the applicant is resident, and such application shall be in Form 1 in the Third Schedule.
6. Certificate of registration
(1) Every owner or other person having the custody or control of a dog of the apparent age of three months or over shall register such dog and take out in respect thereof a badge and certificate of registration as hereinafter provided.
(2) In respect of dogs which are on the 1st January in any year at the apparent age of three months and over, application shall be made for the issue or renewal of a certificate of registration within one month after such date and, in respect of dogs reaching such age between such date and the 31st December next ensuing, application for such certificate shall be made within one month after the dog reaches such age.
(3) Such certificate shall be in Form 2 in the Third Schedule and shall expire on the 31st December of each year and shall be renewed annually, and with such certificate there shall be issued to the holder thereof a metal badge stamped with a number and the year of issue, and such number shall be entered on the certificate.
(4) A separate certificate shall be issued in respect of each dog registered.
(5) Any person applying for a certificate of registration in an area to which the Control of Dogs (Inoculation) Regulations apply shall be required to produce a valid certificate of inoculation in respect of such dog.
[As amended by No. 239 of 1948 and No. 278 of 1957]
Every owner of a dog of the apparent age of three months or over shall cause such dog to wear at all times a collar bearing either the badge issued in respect of such dog or the name and address of the owner.
[No. 130 of 1950 as amended by No. 278 of 1957]
On production by the holder of a valid certificate of registration and on the payment of 1 fee unit, a Registering Authority may issue a duplicate badge in replacement of any badge lost or destroyed.
[As amended by Act No. 13 of 1994]
9. Transfer of ownership of dog
On the transfer of any registered dog from one person to another, the certificate of registration shall be forwarded to a Registering Authority so that the transferee's name may be endorsed on such certificate. A fee of 1 fee unit shall be payable for such endorsement, which endorsement shall be deemed to constitute an issue of such certificate to the transferee.
[As amended by Act No. 13 of 1994]
10. Production of dog and certificate
Every person who has in his possession or custody or under his control a dog in respect of which a certificate of registration is under these Regulations necessary shall, if requested by any officer and within a reasonable time after such request, produce or cause to be produced for inspection any such certificate and the dog in respect of which it was issued.
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11. Limitation of certificates
(1) Except with the written consent of the Registering Authority, not more than two certificates or renewals shall be held at the same time by any one household.
(2) Any member of a household who obtains, or attempts to obtain, any certificate or renewal in excess of the maximum prescribed by sub-regulation (1) shall be guilty of an offence.
(3) For the purposes of this regulation, the members of a household shall comprise-
(a) the person in actual occupation of land or premises without regard to the title under which he holds; and
(b) all other persons residing on such land or premises with the express or implied consent of the occupier.
[No. 239 of 1948 as amended by S.I. No. 29 of 1964]
(1) The fees payable in respect of the issue or renewal of a certificate of registration shall be–
Fee unit (a) In Council areas: Dogs (other than bitches): First Dog 5 Second and subsequent dogs, each Bitches, each 6 Bitches, each 6 (b) In Customary areas:
First dog 4 Second and subsequent dogs, each 5 Bitches, each 5 (c) Outside Council, areas and reserves and trust land:
First Dog 4 Second and subsequent dogs, each 5 Bitches, each 5 (d) Dogs maintained by the Department of National Parks and Wildlife service and certified by an officer of that Department to be maintained for the control of vermin free (e) Where consent has been given to the holding of more than two certificates or renewals under regulations 11 (1) and where it is certified by the Registering Authority that such additional dogs or bitches are being maintained by a farmer for the protection of stock from vermin, such additional dogs or bitches, each 5 (2) Where a dog which has already been registered in one area is brought into another area for which a higher registration fee is prescribed, such dog shall again be registered in the latter area and the higher registration fee paid, subject to a rebate equivalent to the fee first paid. In the event of failure to comply with this sub-regulation, the dog shall be deemed to be unregistered. (3) Fees collected by a rural council shall be paid into the general fund of the rural council. [As amended by No. 35 of 1940, No. 239 of 1948, No. 332 of 1950, No. 336 of 1958, S.I. No. 29 of 1964, S.I. No. 119 of 1982, S.I. No. 70 of 1987, S.I. No. 130 of 1989 and Act No. 13 of 1994]
13. Dogs temporarily in area to which Part II applies The provisions of this Part shall not apply to any dog introduced into any area to which this Part applies with the permission in writing of a Registering Authority until such dog shall have been in such area for a period of fourteen consecutive days, if such dog is led on a leash or chain when in any street or public place.
Any dog over the apparent age of four months, if found without a badge issued in respect of such dog, or without a collar bearing its owner's name and address, may be forthwith destroyed by any officer or by the owner or occupier of a farm on which such dog is found straying. [No. 193 of 1949 as amended by No. 130 of 1950 and No. 278 of 1957]
(1) Notwithstanding that a dog is registered, if it is found by an officer to be so diseased or so severely injured or in such a physical condition that it should be destroyed, it shall be lawful for the officer to destroy the dog– (a) if the owner of the dog is present and his consent to the destruction is obtained; or (b) if the owner is absent and his presence cannot be obtained without undue delay, the consent to the destruction of some relative or other representative of full age of the owner is obtained; or (c) if, on such consent as aforesaid being unobtainable by reason of the refusal of the owner, or the absence or refusal of all his relatives or other representatives of full age- (i) a veterinary surgeon, or if no veterinary surgeon be within reasonable distance, some other officer, having duly examined the dog, gives a certificate that the dog is in his opinion so diseased or so seriously injured or in such physical condition that it is cruel to keep it alive; or (ii) if, no veterinary surgeon or other officer being within reasonable distance, the presence of one or more of the following persons is obtained as a witness: a chief; a councillor of a rural council; a village headman; a district messenger; a scout of the Department of Wildlife, Fisheries and National Parks; a game guard; a veterinary assistant; a veterinary orderly; a forest ranger; a forest guard; a dispensary assistant; or a rural council kapasu. (2) Any officer who destroys any dog or causes or procures it to be destroyed under the provisions of this regulation shall ensure that the carcass of such dog is buried. (3) Any expenses which may be reasonably incurred by any officer in carrying out the provisions of this regulation may be recovered from the owner as a civil debt. [No. 332 of 1950 as amended by No. 186 of 1951] PART III
16. Introduction of dogs without permit prohibited (1) No person shall introduce or cause to be introduced into Zambia any dog except under a permit in writing issued by or under the direction of the Director of Veterinary Services and in accordance with such conditions as may be endorsed on such permit. (2) The issue or withholding of such permit shall be entirely at the discretion of the Director of Veterinary Services.
All applications for permits for the importation of dogs shall be made at the office of the Director of Veterinary Services or of an officer.
18. Preservation and production of permit The permit issued under regulation 16 must accompany a dog upon its introduction into Zambia and thereafter be preserved for a period of not less than six weeks. Any such permit shall upon demand be produced to any officer.
19. Disposal of dogs introduced without permit Any dog introduced into Zambia without a permit under these Regulations, or dealt with in violation of any condition endorsed on any such permit, may be seized and placed in quarantine or destroyed or otherwise dealt with by any officer as the Director of Veterinary Services shall direct. PART IV
Any person knowing or suspecting that any dog- (a) has bitten any person without any apparent cause; or (b) is infected with or suffering from rabies; or (c) has been in contact with any dog or other animal known or suspected to be infected with or suffering from rabies; shall immediately notify the nearest officer. Such officer, if other than a Veterinary Officer or Livestock Officer or Veterinary Assistant, shall immediately convey such notification to the nearest Veterinary Officer or Livestock Officer or Veterinary Assistant and to the Director of Veterinary Services.
(1) Any person knowing that a dog is suffering from rabies may destroy such dog (2) The owner or person in charge of a dog known to be suffering from rabies shall immediately destroy such dog.
22. Measures to be taken by owner. The owner or other person in charge of a dog which- (a) has bitten any person without any apparent cause; or (b) is suspected of being infected with or to be suffering from rabies; or (c) is suspected of having been in contact with any dog or other animal known or suspected to be infected with or suffering from rabies; shall either destroy such dog or shall secure and confine and keep secured and confined such dog, so as effectively to prevent it having access to any person, dog or other animal and to prevent any dog or other animal or any person (other than the owner or person in charge) having access to it.
Any person having reasonable suspicion that any dog is suffering from rabies may, if such dog is not secured and confined as provided for in these Regulations, destroy such dog.
24. Control by Veterinary Officer or Livestock Officer or Veterinary Assistant A Veterinary Officer or Livestock Officer or Veterinary Assistant may at any time take control of any dog if, in his opinion, it is advisable to do so for the purpose of close observation of any dog suspected of rabies or for the prevention of rabies, and may, in his discretion, destroy or order the destruction of such dog.
The carcass of any dog destroyed under this Part shall be thoroughly burnt and the ashes buried at a depth of not less than 1220 millimetres. Provided that any officer may himself preserve or direct the preservation of any parts of such carcass under proper precautions for scientific investigation.
26. Declaration of infected area (1) As soon as an officer knows of an outbreak, he may exercise within the Veterinary District under his control all or any of the following powers: (a) declare any area to be an infected area; (b) prohibit the movement of dogs from any place or area to any other place or area; (c) issue such order as to movement, prohibition of movement, quarantine or isolation of dogs as he may consider necessary to prevent the spread of the disease. (2) Every declaration, prohibition or order shall be in writing under the hand of the officer making or issuing the same, and such officer shall take immediate steps to make known such declaration, prohibition or order to all persons affected thereby. [No. 31 of 1943]
27. Power of Director of Veterinary Services to vary area It shall be lawful for the Director of Veterinary Services at any time to cancel, vary or extend any infected area, and such cancellation, variation or extension shall be notified in the same manner as provided in regulation 26 to the persons affected thereby.
28. Regulations applicable to infected areas (1) As soon as any area shall have been declared an infected area, the following regulations shall immediately apply to such area and shall continue in force until such area is declared by the Director of Veterinary Services to be no longer infected: (a) such animals included in the expression "dog" as shall be specified by the Director of Veterinary Services or any officer declaring an infected area, either at the time or subsequent to the time of such declaration, shall be secured by the owner so as effectively to prevent any such animal having access to any person or to any dog or other animal and to prevent any dog or other animal or any person (other than the owner or person in charge) having access to it: Provided that the Director of Veterinary Services may, in his discretion, order that in substitution for such securing as aforesaid any dog shall be effectively muzzled; (b) any such animal as specified not secured or muzzled as provided for in paragraph (a) may be destroyed by or under the direction of any officer; (c) no person shall introduce or cause to be introduced into or remove or cause to be removed from an infected area any dog: Provided that the Director of Veterinary Services may grant a permit for the transit by rail of any dog through an infected area on condition that such dog is not detrained at any point within an infected area. (2) For the purposes of this regulation, "owner" includes any person, not being a servant of the owner, in charge of a dog. [As amended by No. 208 of 1952]
In addition to such notification as is prescribed in these Regulations, every declaration as to an infected area shall be published in the Gazette. PART V
Wherever at any place within Zambia any dog is found affected or reasonably suspected of being affected with trypanosomiasis, any officer may, by written order under his hand, direct that such dog shall be seized and detained at such place or be removed for detention to any other place for such period as may be deemed necessary to prevent the spread of the disease, or may direct that such dog be destroyed or otherwise dealt with in any manner necessary for preventing the removal of such dog to other places or the spread of the disease. [No. 31 of 1943]
(1) As soon as an officer knows of any case or of any suspected case of trypanosomiasis, he may exercise within the Veterinary District under his control either or both of the following powers: (a) prohibit the movement of dogs from any place or area to any other place or area; (b) issue such order as to movement, prohibition of movement, quarantine or isolation of dogs as he may consider necessary to prevent the spread of the disease. (2) Every prohibition or order shall be in writing under the hand of the officer making or issuing the same, and such officer shall take immediate steps to make known such prohibition or order to persons affected thereby. [No. 31 of 1943] PART VI
An officer issuing any prohibition or order under the provisions of these Regulations may himself carry out the same or cause it to be carried out if the party to whom it was given does not comply with the terms of the prohibition or order. [No. 31 of 1943]
33. Movement from Veterinary Districts No dog may be moved into or out of such Veterinary Districts as the Minister may specify by Gazette notice, unless a permit in writing has first been obtained from the Veterinary Officer who may, in his discretion, at any time cancel, vary, amend or refuse to issue such permit. [No. 31 of 1943 as amended by No. 319 of 1964]
Any person contravening any of the provisions of these Regulations, or refusing or failing to comply with the requirements of any notice or lawful order or direction of any officer issued hereunder, shall be liable to a fine not exceeding three thousand penalty units. [As amended by No. 237 of 1944, S.I. No. 170 of 1989 and Act No. 13 of 1994] [Regulation 2] REGISTERING AUTHORITIES (1) The Town Clerk in municipalities. (2) All Administrative Officers in any area outside a municipality or township in respect of which a township council has been established pursuant to the provisions of section 7 of the Local Government Act. (3) Rural councils in respect of dogs within the area of their control. (4) All township councils. [No. 239 of 1948 as amended by No. 264 of 1957] [Regulation 3] AREAS TO WHICH THE PROVISIONS OF PART II APPLY All areas of the Republic [As amended by S.I. No. 222 of 1979] PRESCRIBED FORMS GOVERNMENT OF ZAMBIA THE CONTROL OF DOGS REGULATIONS FORM 1 [Regulation 5] APPLICATION FOR REGISTRATION I hereby apply for a Certificate of Registration for one dog hereunder described for which I enclose the sum of fee units ............... Dated this ................................................................................................ day of ............................................. 20.............. Signature ................................................................................................................................ Description of Dog. Breed .............................................................................................................................. Sex ................................................................................................................................. Colour, markings, etc., for purpose of identification ....................................................... GOVERNMENT OF ZAMBIA THE CONTROL OF DOGS REGULATIONS FORM 2 [Regulation 6] CERTIFICATE OF REGISTRATION Certificate No. ................................................................................................................. This is to certify that one dog hereunder described, the property of ..................................................,. has been registered for the year ending 31st December, 20.............., and that Badge No. ................... has been issued. Dated this ......................................................... day of ............................................. 20.............. Signature ................................................................................................................................ Title ........................................................................................................................................ Station .................................................................................................................................... Description of Dog. Breed .................................................................................................................................. Sex ................................................................................................................................ Colour, markings, etc., for purpose of identification ........................................................... CONTROL OF DOGS (INOCULATION) REGULATIONS [Section 3] [RETAINED AS PER S.15 OF INTERPRETATION AND GENERAL PROVISIONS ACT] [Regulations by the Minister] Arrangement of Regulations Regulations 1. Title and application 2. Interpretation 3. Notification of inoculation centres, etc. 4. Inoculation of dogs 5. Prescribed fees 6. Production of certificates 7. Penalty Act 13 of 1994, GN 108 of 1953, GN 198 of 1953, GN 224 of 1954, GN 286 of 1954, GN 60 of 1955, GN 168 of 1956, GN 279 of 1957, GN 218 of 1958, GN 37 of 1959, GN 53 of 1959, GN 160 of 1960, GN 135 of 1959, GN 37 of 1961, GN 130 of 1963, SI 162 of 1971.
These Regulations may be cited as the Control of Dogs (Inoculation) Regulations, and shall apply to the areas set forth in the Schedule.
In these Regulations, unless the context otherwise requires- "Director" means the Director in Charge of Veterinary Services; "dog" means any animal of the canine species which is over the apparent age of three months; "inoculation" means inoculation with a rabies vaccine approved by the Director, and "inoculated" and "re-inoculated" shall be construed accordingly; "officer" includes any Registering Authority, Administrative Officer, Veterinary Officer, police officer, officer of the Department of Wildlife, Fisheries and National Parks, Livestock Officer and Assistant Livestock Officer; "valid certificate of inoculation" means a certificate issued by an officer or veterinary surgeon and so endorsed by the said officer or veterinary surgeon as to indicate that the dog has been inoculated in accordance with the provisions of regulation 4. [As amended by No. 193 of 1953, No. 279 of 1957 and No. 37 of 1959]
3. Notification of inoculation centres, etc. (1) The Director may notify- (a) the places; (b) the dates; and (c) the times; at or upon or within which inoculation of dogs shall take place in any area to which these Regulations apply or in any part of such area. (2) Notification under the provisions of this regulation shall be given, at least fourteen days before inoculation is to take place, by publication in the Gazette and by advertisement in some newspaper circulating in the area concerned, and in any other manner which the Director may think fit.
Every person having, within an area to which a notification given under regulation 3 applies, the ownership, custody or control of any dog- (a) which has not been inoculated; or (b) which has been inoculated on attaining the age of three months but which has not been re-inoculated after an interval of six months from primary inoculation irrespective of the age of the dog at primary inoculation; (c) which has not been re-inoculated within three years of a second or subsequent inoculation. shall present such dog for inoculation or re-inoculation, as the case may be, at one of the places and within the dates and times specified in such notification. [As amended by No. 286 of 1954, No. 279 of 1957 No. 37 of 1961 and S.I. No. 162 of 1971]
For every inoculation or re-inoculation of any dog there shall be paid such fee as the Director may prescribe.
Every person who has in his possession or custody or under his control a dog in respect of which a certificate of inoculation is necessary under these Regulations shall, if requested by any officer and within seven days after such request, produce or cause to be produced for inspection any such certificate and the dog in respect of which it was issued. [No. 198 of 1953 as amended by No. 279 of 1957]
Any person who refuses or fails to comply with any of the provisions of these Regulations shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding seven hundred and fifty penalty units. [As amended by Act No. 13 of 1994] [Regulation 1] AREAS TO WHICH THE CONTROL OF DOGS (INOCULATION) REGULATIONS APPLY
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