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VOLUME 23

CONTENTS
Chapter 402. Registered Designs Act
Chapter 403. Weights and Measures Act
Chapter 404. Standardisation of Soap Act
Chapter 405. Merchandise Marks Act
Chapter 406. Copyright and Performance Rights
Act
Chapter 407. Commercial Travellers (Special
Provisions) Act
Chapter 408. Self-Management Enterprises Act
Chapter 409. Scrap Metal Dealers Act
Chapter 410. Disposal of Uncollected Goods Act
Chapter 411. Vacant
Chapter 412. Building Societies Act
Chapter 413. Vacant
Chapter 414. Companies (Certificates
Validation) Act
Chapter 415. Trades Charges Act
Chapter 416. Standards Act
Chapter 417. Competition and Fair Trading Act
Chapter 418. Export Development Act

Chapter 419. Vacant
Chapter 420. Financial Institutions (Validation
of Acts) Act
Chapter 421. Control of Goods Act
Chapter 422. Vacant
Chapter 423. National Savings and Credit Act
Chapter 424. Cheques Act
Chapter 425. Small Enterprises Development Act
Chapter 426. National Savings and Credit Bank
of Zambia (Dissolution)
Chapter 427. Vacant
Chapter 428. Vacant
Chapter 429. Vacant
Chapter 430. Vacant
Chapter 431. Vacant

CHAPTER 402
THE REGISTERED DESIGNS ACT

ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY

Section
1. Short title

2. Interpretation

PART II
ADMINISTRATION

3. Establishment of Designs Office
4. Appointment of officers
5. Seal
6. Register of designs

PART III
REGISTRABLE DESIGNS AND PROCEEDINGS FOR
REGISTRATION

7. Designs registrable under Act
8. Proprietorship of designs
9. Proceedings for registration
10. Registration of same design in respect of other articles, etc.
11. Provisions for secrecy of certain designs
12. Provisions as to confidential disclosure, etc.
13. Convention arrangements
13A. ARIPO industrial designs.

PART IV
EFFECT OF REGISTRATION, ETC.

14. Right given by registration
15. Period of copyright
16. Exemption of innocent infringer from liability for damages
17. Compulsory licence in respect of registered design

PART V
USE OF REGISTERED DESIGNS FOR SERVICES OF

THE STATE

Section
18. Use of registered designs for services of the State
19. Rights of third parties in respect of State use
20. Special provisions as to State use during emergency
21. Reference of disputes as to State use

PART VI
ASSIGNMENTS. CORRECTIONS AND
CANCELLATION

22. Registration of assignments, etc.
23. Power of Registrar to authorise corrections
24. Rectification of register
25. Cancellation of registration

PART VII
FUNCTIONS OF REGISTRAR IN RELATION TO
CERTAIN EVIDENCE, DOCUMENTS AND POWERS

26. Evidence of certain entries and documents
27. Inspection of registered designs
28. Information as to existence of copyright
29. Certificate of registration
30. Copies of certificates of registration
31. Exercise of discretionary powers of Registrar
32. Proceedings before Registrar
33. Power of Registrar to award costs
34. Power of Registrar to fix time and place of sitting, etc.

PART VIII
APPEALS AND LEGAL PROCEEDINGS

35. High Court to hear appeals
36. Repealed by Act No. 16 of 1980

37. Repealed by Act No. 16 of 1980

38. Rules of Court
39. Time for appeals
40. References to High Court by Registrar
41. Certification of validity
42. Infringement action to be heard in High Court
43. Remedy for groundless threats of infringement proceedings
44. Security for costs and taxation
45. Costs of Registrar
46. Appeals to Supreme Court

PART IX
OFFENCES AND PENALTIES

47. Falsification of entries in register
48. Penalty for falsely representing a design as registered
49. Deceiving or influencing the Registrar or an officer
50. Witness giving false evidence
51. Penalties

PART X
MISCELLANEOUS

52. Recognition of agents
53. Lodging and authentication of documents
54. Provisions as to fees
55. Oaths and affirmations
56. Journal
57. Savings

58. Regulations

PART XI
APPLICATION AND TRANSITIONAL PROVISIONS

59. Application of Act and transitional provisions
60. Repealed by Act No. 16 of 1980

CHAPTER 402

REGISTERED DESIGNS
Federal Act
12 of 1958
Government
Notices
187 of 1964
497 of 1964
Statutory
Instrument
175 of 1965
Acts No.
16 of 1980
25 of 1987
13 of 1994

An Act to make provision relating to the registration of designs and for
other purposes incidental thereto.
[1st December, 1958]

PART I
PRELIMINARY

1. This Act may be cited as the Registered Designs Act. Short title

2. (1) In this Act, unless the context otherwise requires-
“article” means any article of manufacture and includes any part of an
article if that part is made and sold separately;
“artistic work” means a work of any of the following descriptions, that is Interpretation
Cap. 400
Cap. 400
Cap. 30

to say:
(a) the following, irrespective of artistic quality, namely, paintings,
sculptures, drawings, engravings and photographs;
(b) works of architecture, being either buildings or models for
buildings;
(c) works of artistic craftsmanship, not falling within paragraph (a)
or (b);
“assignee” means-
(a) the person who has derived his title to the design for Zambia
directly or indirectly from the proprietor thereof or from the latter’s
assignee; or
(b) the legal representative of such person;
“Convention” means the Union Convention of Paris, dated the 20th
March, 1883, for the Protection of Industrial Property, revised at
Brussels on the 14th December, 1900, at Washington on the 2nd June,
1911, at The Hague on the 6th November, 1925, and at London on the
2nd June, 1934, and any revision thereof to which the *former
Federation of Rhodesia and Nyasaland or the former Protectorate of
Northern Rhodesia may have acceded or to which the **Republic may
accede in terms of section seven of the Patents Act;
* Acceded with effect from 1st April, 1958. (F.G.N. No. 39 of 1958.)
** Acceded with effect from 24th October, 1964. (G.N. No. 1751 of
1965.)
“convention country” means a country (including any colony,
protectorate or territory subject to the authority or under the suzerainty
of that country, or any territory over which a mandate or trusteeship is
exercised) which has been declared to be a convention country in terms
of the Patents Act;
“copyright”, in relation to a registered design, has the meaning assigned
to it by subsection (1) of section fourteen;
“corresponding design”, in relation to an artistic work, means a design
which, when applied to an article, results in a reproduction of that work;
“design” means features of shape, configuration, pattern or ornament
applied to an article by any industrial process or means, being features
which in the finished article appeal to and are judged solely by the eye,
but does not include a method or principle of construction or features of
shape or configuration which are dictated solely by the function which
the article to be made in that shape or configuration has to perform;
“Designs Office” means the Designs Office established under section
three; Cap. 400

“legal practitioner” means a person admitted or otherwise entitled to
practise as a barrister and solicitor in terms of the Legal Practitioners
Act;
“legal representative” means-
(a) the liquidator or receiver of a company;
(b) the representative recognised by law of any person who has died,
become bankrupt, assigned his estate, is an infant or a minor, or of
unsound mind, or is otherwise under a disability;
“Patent Journal” means the journal for which provision is made in
section ninety-five of the Patents Act;
“proprietor” has the meaning assigned to it by section eight;
“register” means the register of designs kept under the provisions of this
Act;
“registered proprietor” means the person or persons for the time being
entered in the register as the proprietor of the design;
“Registrar” means the Registrar of Designs appointed under section
four;
“set of articles” means a number of articles of the same general character
ordinarily on sale or intended to be used together, to each of which the
same design, or the same design with modifications or variations not
sufficient to alter the character or substantially to affect the identity
thereof, is applied;

(2) Any reference in this Act to an article in respect of which a design is
registered shall, in the case of a design registered in respect of a set of
articles, be construed as a reference to any article of that set.

(3) Any question arising under this Act whether a number of articles
constitutes a set of articles shall be determined by the Registrar; and
notwithstanding anything in this Act any determination of the Registrar
under this subsection shall be final.
(As amended by G.N. No. 187 of 1964,
S.I. No. 175 of 1965 and No. 16 of 1980)

PART II
ADMINISTRATION

3. There shall be established under the direction of the Minister an
office to be called the Designs Office. Establishment
of Designs
Office

4. There shall be-
(a) a Registrar of Designs who shall exercise the powers and
perform the duties assigned to the Registrar by this Act and shall be
responsible for its administration; and
(b) one or more Deputy Registrars of Designs who shall, subject to
the control of the Registrar, have all the powers conferred by this Act
upon the Registrar; and
(c) such examiners and other officers as may be necessary for
carrying out the provisions of this Act. Appointment of
officers

5. The seal of the Patent Office kept in terms of the Patents Act shall
also be the seal of the Designs Office, and impressions thereof made for
the purposes of this Act shall be judicially noticed. Seal.
Cap. 400

6. (1) There shall be kept at the Designs Office for the purposes of this
Act a register of designs wherein shall be entered all registered designs
with the names and addresses of their proprietors, notifications of
assignments and transmissions, and such other matters relating to
registered designs as may be prescribed or as the Registrar may think fit. Register of
designs

(2) Subject to the provisions of this Act, the register of designs shall, at
all convenient times, be open to inspection by the public, and certified
copies, sealed with the seal of the Patent Office, of any entry in the
register shall be given to any person requiring them on payment of the
prescribed fee.

(3) The register of designs shall be prima facie evidence of any matters
required or authorised by or under this Act to be entered therein.

(4) No notice of any trust, whether expressed, implied or constructive,
shall be entered in the register, and the Registrar shall not be affected by
any such notice.

PART III
REGISTRABLE DESIGNS AND PROCEEDINGS FOR
REGISTRATION

7. (1) Subject to the following provisions of this section, a design may,
upon application made by the person claiming to be the proprietor, his
assignee or legal representative, be registered under this Act in respect
of any article or set of articles specified in the application. Designs
registrable
under Act

(2) Subject to the provisions of this Act, a design shall not be registered
thereunder unless it is new or original and in particular shall not be so
registered in respect of any article if it is the same as a design which
before the date of the application for registration appears on the register
or has been published in the former Federation of Rhodesia and
Nyasaland or, after the 1st January, 1964, the former Protectorate of
Northern Rhodesia or the Republic in respect of the same or any other
article or differs from such a design only in immaterial details or in
features which are variants commonly used in trade.

(3) Regulations made by the Minister under this Act may provide for
excluding from registration thereunder designs for such articles, being
articles which are primarily literary or artistic in character, as the
Minister thinks fit.
(As amended by G.N. No. 187 of 1964
and S.I. No. 175 of 1965)

8. (1) Subject to the provisions of this section, the author of a design
shall be treated for the purposes of this Act as the proprietor of the
design: Proprietorship
of designs

Provided that where the design is executed by the author for another
person for valuable consideration, that other person shall be treated for
the purposes of this Act as the proprietor.

(2) Where a design, or the right to apply a design to any article, becomes
vested, whether by assignment, transmission or operation of law, in any
person other than the original proprietor, either alone or jointly with the
original proprietor, that other person, or, as the case may be, the original

proprietor and that other person, shall be treated for the purposes of this
Act as the proprietor of the design or as the proprietor of the design in
relation to that article.

9. (1) An application for the registration of a design shall be made in the
prescribed form and shall be lodged at the Designs Office in the
prescribed manner. Proceedings for
registration

(2) For the purpose of deciding whether a design is new or original, the
Registrar may make such searches, if any, as he thinks fit.

(3) The Registrar may refuse any application for the registration of a
design or may register the design in pursuance of the application subject
to such modifications, if any, as he thinks fit.

(4) An application which, owing to any default or neglect on the part of
the applicant, has not been completed so as to enable registration to be
effected within such time as may be prescribed shall be deemed to be
abandoned.

(5) Except as otherwise expressly provided by this Act, a design when
registered shall be registered as of the date on which the application for
registration was made, or such other date (whether earlier or later than
that date) as the Registrar may in any particular case direct:

Provided that no proceedings shall be taken in respect of any
infringement of copyright in that design committed before the date on
which the certificate of registration thereof under this Act is issued.

(6) An appeal shall lie from any decision of the Registrar under
subsection (3).

10. (1) Where the registered proprietor of a design registered in respect
of any article makes an application- Registration of
same design in
respect of other
articles, etc.

(a) for registration in respect of one or more other articles, of the

registered design; or

(b) for registration in respect of the same or one or more other
articles, of a design consisting of the registered design with
modifications or variations not sufficient to alter the character or
substantially to affect the identity thereof;
the application shall not be refused and the registration made on that
application shall not be invalidated by reason only of the previous
registration or publication of the registered design:

Provided that the period of copyright in a design registered by virtue of
this section shall not extend beyond the expiration of the original and
any extended period of copyright in the original registered design.

(2) Where any person makes an application for the registration of a
design in respect of any article and either-

(a) that design has been previously registered by another person in
respect of some other article; or

(b) the design to which the application relates consists of a design
previously registered by another person in respect of the same or some
other article with modifications or variations not sufficient to alter the
character or substantially to affect the identity thereof;
then, if at any time while the application is pending the applicant
becomes the registered proprietor of the design previously registered,
the provisions of subsection (1) shall apply as if at the time of making
the application the applicant had been the registered proprietor of that
design.

11. (1) In this section, “competent authority” means the President or the
Minister or Junior Minister, if any, to whom the President may assign
special responsibilities for defence matters. Provisions for
secrecy of
certain designs

(2) Where an application for the registration of a design has been made,
and it appears to the Registrar that the design is one of a class notified to
him by the competent authority as relevant for defence purposes, he may
give directions for prohibiting or restricting the publication of
information with respect to the design, or the communication of such
information to any person or class of persons specified in the directions.

(3) Regulations shall be made by the Minister under this Act for
securing that the representation or specimen of a design, in the case of
which directions are given under this section, shall not be open to
inspection at the Designs Office during the continuance in force of the
directions.

(4) Where the Registrar gives any such directions as aforesaid, he shall
give notice of the application and of the directions to the competent
authority, and thereupon the following provisions shall have effect, that
is to say:

(a) the competent authority shall, upon receipt of such notice,
consider whether the publication of the design would be prejudicial to
the defence of the Republic and unless a notice under paragraph (c) has
previously been given by that authority to the Registrar, shall reconsider
that question before the expiration of nine months from the date of
lodging of the application for registration of the design and at least once
in every subsequent year;

(b) for the purpose aforesaid, the competent authority may, at any
time after the design has been registered or with the consent of the
applicant, at any time before the design has been registered, inspect the
representation or specimen of the design lodged in pursuance of the
application;

(c) if upon consideration of the design at any time it appears to the
competent authority that the publication of the design would not, or
would no longer, be prejudicial to the defence of the Republic, that
authority shall give notice to the Registrar to that effect;

(d) on the receipt of any such notice, the Registrar shall revoke the
directions and may, subject to such conditions, if any, as he thinks fit,
extend the time for doing anything required or authorised to be done by
or under this Act in connection with the application or registration,
whether or not that time has previously expired.

(5) No person ordinarily resident or domiciled in Zambia shall, while in
Zambia, except under the authority of a written permit granted by or on
behalf of the Registrar, make or cause to be made any application
outside Zambia for the registration of a design of any class prescribed
for the purposes of this subsection unless-

(a) an application for registration of the same design has been made
in Zambia not less than six weeks before the application outside
Zambia; and

(b) either no directions have been given under subsection (2) in
relation to the application in Zambia or all such directions have been
revoked.

(6) If any person fails to comply with any direction given under this
section or makes or causes to be made an application for the registration
of a design in contravention of this section, he shall be guilty of an
offence.

(7) Where an offence under this section is committed by a body
corporate, every person who at the time of the commission of the
offence is a director, general manager, secretary or other similar officer
of the body corporate, or is purporting to act in any such capacity, shall
be deemed to be guilty of that offence unless he proves that the offence
was committed without his consent or connivance and that he exercised
all such deligence to prevent the commission of the offence as he ought
to have exercised having regard to the nature of his functions in that
capacity and to all the circumstances.
(As amended by G.N. No. 187 of 1964
and S.I. No. 175 of 1965)

12. (1) An application for the registration of a design shall not be
refused, and the registration of a design shall not be invalidated, by
reason only of- Provisions as to
confidential
disclosure, etc.

(a) the disclosure of the design by the proprietor to any other person
in such circumstances as would make it contrary to good faith for that
other person to use or publish the design;

(b) the disclosure of the design in breach of good faith by any person
other than the proprietor of the design;

(c) in the case of a new or original textile design intended for
registration, the acceptance of a first and confidential order for goods
bearing the design; or

(d) the communication of the design by the proprietor thereof to a
Government department or to any person authorised by the Minister to
consider the merits of the design, or of anything done in consequence of
such a communication.

(2) Where copyright subsists in an artistic work, and an application is
made by, or with the consent of, the owner of that copyright for the
registration of a corresponding design, that design shall not be treated
for the purposes of this Act as being other than new or original by reason
only of any use previously made of the artistic work, unless-

(a) the previous use consisted of or included the sale, letting for hire,
or offer for sale or hire of articles to which the design in question (or a
design differing from it only as mentioned in subsection (2) of section
seven) had been applied industrially, other than articles of a description
specified in regulations made under subsection (3) of section seven; and

(b) that previous use was made by, or with the consent of, the owner
of the copyright in the artistic work.
(As amended by G.N. No. 187 of 1964)

13. (1) Any person who qualifies under Article 2 or 3 of the Convention
and who has applied for protection for any design in a convention
country, or his legal representative or assignee (if such assignee is also
so qualified), may make an application for registration of that design in
priority to other applicants; and the registration shall have the same date
as the date of the application in the convention country or, where more
than one such application for protection has been made, the date of the
first such application: Convention
arrangements

Provided that-

(i) the application for registration is made within six months from
the date of the application for protection in the convention country or,
where more than one such application for protection has been made,
from the date of the first application;

(ii) no proceedings shall be taken in respect of any infringement of
copyright in that design committed before the date on which the
certificate of registration thereof under this Act is issued.

(2) An application for the registration of a design made by virtue of this
section shall not be refused, and the registration of a design on such an
application shall not be invalidated, by reason only of the registration or
publication of the design in the former Federation of Rhodesia and
Nyasaland or after the 1st January, 1964, the former Protectorate of
Northern Rhodesia or the Republic during the period specified in
proviso (i) to subsection (1) as that within which the application for
registration may be made.

(3) Where an applicant referred to in subsection (1) has applied for
protection for any design by an application which, in accordance with
the law of any convention country, is equivalent to an application duly
made in that convention country, he shall be deemed for the purposes of
this section to have applied in that convention country.
(As amended by G.N. No. 187 of 1964
and S.I. No. 175 of 1965)

13A. (1) In this section- ARIPO
industrial
designs

(a) “ARIPO” means the African Regional Industrial Property
Organisation, formerly known as the Industrial Property Organisation
for English-Speaking Africa (ESARIPO), which was established, under
the former name, by an agreement adopted at Lusaka on 9th December,
1976; and

(b) “ARIPO Protocol” means the Protocol on Patents and Industrial
Designs within the Framework of ARIPO, adopted at Harare on 10th
December, 1982.

(2) Where an industrial design has been registered by ARIPO under
section 4 (7) of the ARIPO Protocol and the Registrar has not objected,
under section 4 (3) of the Protocol, to the industrial design having effect
in Zambia, the design shall for all purposes be deemed to have been
registered under this Act.

(3) An industrial design shall not be deemed to have been registered
under this section if, under section 4 (3) of the ARIPO Protocol, the
Registrar objects to its having effect in Zambia.

(As amended by Act No. 25 of 1987)

PART IV
EFFECT OF REGISTRATION, ETC.

14. (1) The registration of a design under this Act shall give to the
registered proprietor the copyright in the registered design, that is to say,
the exclusive right in Zambia to make or import for sale or for use for the
purposes of any trade or business, or to sell, hire or offer for sale or hire,
any article in respect of which the design is registered, being an article to
which the registered design or a design not substantially different from
the registered design has been applied, and to make anything for
enabling any such article to be made as aforesaid. Right given by
registration

(2) Subject to the provisions of this Act, the registration of a design
shall have the same effect against the State as it has against a subject.
(As amended by G.N. No. 187 of 1964
and S.I. No. 175 of 1965)

15. (1) Copyright in a registered design shall, subject to the provisions
of this Act, subsist for a period of five years from the date of
registration. Period of
copyright

(2) The Registrar shall extend the period of copyright for a second
period of five years from the expiration of the original period and for a
third period of five years from the expiration of the second period if an
application for extension of the period of copyright for the second or
third period is made in the prescribed form before the expiration of the
original period or the second period, as the case may be, and if the
prescribed fee is paid before the expiration of the relevant period or
within such further period (not exceeding three months) as may be
specified in a request made to the Registrar and accompanied by the
prescribed additional fee.

(3) Where in the case of a registered design it is shown-

(a) that the design, at the time when it was registered, was a
corresponding design in relation to an artistic work in which copyright
subsisted under the written law relating to copyright.

(b) that, by reason of a previous use of that artistic work, the design
would not have been registrable under this Act but for subsection (2) of
section twelve; and

(c) that the copyright in that work under the written law relating to
copyright expired before the date of expiry of the copyright in the
design;
the copyright in the design shall, notwithstanding anything in this
section, be deemed to have expired at the same time as the copyright in
the artistic work, and shall not be renewable after that time.
(As amended by G.N. No. 187 of 1964)

16. (1) In proceedings for the infringement of copyright in a registered
design, damages shall not be awarded against a defendant who proves
that at the date of the infringement he was not aware, and had no
reasonable ground for supposing, that the design was registered; and a
person shall not be deemed to have been aware or to have had
reasonable ground for supposing as aforesaid by reason only of the
marking of an article with the word “registered” or any abbreviation
thereof, or any word or words expressing or implying that the design
applied to the article has been registered, unless the number of the
design accompanied the word or words or the abbreviation in question. Exemption of
innocent
infringer from
liability for
damages

(2) Nothing in this section shall affect the power of the High Court to
grant an injunction or interdict in any proceedings for infringement of
copyright in a registered design.
(As amended by Act No. 16 of 1980)

17. (1) At any time after a design has been registered, any person
interested may apply to the Registrar for the grant of a compulsory
licence in respect of the design on the ground that the design is not
applied in Zambia by any industrial process or means to the article in
respect of which it is registered to such an extent as is reasonable in the
circumstances of the case; and the Registrar may make such order on the
application as he thinks fit. Compulsory
licence in
respect of
registered
design

(2) An order for the grant of a licence shall, without prejudice to any
other method of enforcement, have effect as if it were a deed executed
by the registered proprietor and all other necessary parties, granting a

licence in accordance with the order.

(3) No order shall be made under this section which would be at
variance with any of the provisions of the Convention.

(4) An appeal shall lie from any order of the Registrar under this
section.
(As amended by G.N. No. 187 of 1964)

PART V
USE OF REGISTERED DESIGNS FOR SERVICES OF
THE STATE

18. (1) Notwithstanding anything in this Act, any Government
department or any person authorised in writing by the Minister may use
any registered design for the services of the State in accordance with the
provisions of this section. Use of
registered
designs for
services of the
State

(2) If and so far as the design has before the date of registration thereof
been duly recorded by or applied by or on behalf of a Government
department, otherwise than in consequence of the communication
thereof directly or indirectly by the registered proprietor or any person
from whom he derives title, any use of the design by virtue of this
section may be made free of any royalty or other payment to the
registered proprietor.

(3) If and so far as the design has not been so recorded or applied as
aforesaid, any use of the design made by virtue of this section at any
time after the date of registration thereof, or in consequence of any such
communication as aforesaid, shall be made upon such terms as may be
agreed upon, either before or after the use, between the Minister and the
registered proprietor with the approval of the Minister responsible for
finance, or as may in default of agreement be determined by the High
Court on a reference under subsection (1) of section twenty-one.

(4) The authority of the Minister in respect of a design may be given
under this section either before or after the design is registered and either

before or after the acts in respect of which the authority is given are
done, and may be given to any person, whether or not he is authorised
directly or indirectly by the registered proprietor to use the design.

(5) Where any use of a design is made by a Government department or
any person authorised by the Minister under this section, then, unless it
appears to the Minister that it would be contrary to the public interest so
to do, the Minister shall notify the registered proprietor as soon as
practicable after the use is begun, and furnish him with such information
as to the extent of the use as he may from time to time require.

(6) For the purposes of this Part, any use of a design for the supply to the
government of any country outside Zambia, in pursuance of any
agreement or arrangement between the Government and the government
of that country, of articles required for the defence of that country shall
be deemed to be a use of the design for the services of the State, and the
power of a Government department or a person authorised by the
Minister under this section to use a design shall include power-

(a) to sell such articles to the government of any country in
pursuance of any such agreement or arrangement as aforesaid; and

(b) to sell to any person any articles made in the exercise of the
powers conferred by this section which are no longer required for the
purpose for which they were made.

(7) The purchaser of any articles sold in the exercise of powers
conferred by this section, and any person claiming through him, shall
have power to deal with them in the same manner as if the rights in the
registered design were held on behalf of the State.
(As amended by G.N. No. 187 of 1964 ,
S.I. No. 175 of 1965 and Act No. 16 of 1980)

19. (1) In this section, “exclusive licence” means a licence from a
registered proprietor which confers on the licensee or on the licensee
and persons authorised by him, to the exclusion of all other persons
(including the registered proprietor), any right in respect of the
registered design. Rights of third
parties in
respect of State
use

(2) In relation to any use of a registered design, or a design in respect of

which an application for registration is pending, made for the services of
the State-

(a) by a Government department or a person authorised by the
Minister under section eighteen; or

(b) by the registered proprietor or applicant for registration to the
order of a Government department;
the provisions of any licence, assignment or agreement made, whether
before or after the commencement of this Act, between the registered
proprietor or applicant for registration or any person who derives title
from him or from whom he derives title and any person other than a
Government department, shall be of no effect so far as those provisions
restrict or regulate the use of the design, or any model, document or
information relating thereto, or provide for the making of payments in
respect of any such use, or calculated by reference thereto; and the
reproduction or publication of any model or document in connection
with the said use shall not be deemed to be an infringement of any
copyright subsisting in the model or document.

(3) Where an exclusive licence granted otherwise than for royalties or
other benefits determined by reference to the use of the design is in force
under the registered design, then-

(a) in relation to any use of the design which, but for the provisions
of this section and section eighteen, would constitute an infringement of
the rights of the licensee, subsection (3) of section eighteen shall have
effect as if for the reference to the registered proprietor there were
substituted a reference to the licensee; and

(b) in relation to any use of the design by the licensee by virtue of an
authority given under section eighteen, that section shall have effect as if
subsection (3) thereof were omitted.

(4) Subject to the provisions of subsection (3), where the registered
design or the right to apply for or obtain registration of the design has
been assigned to the registered proprietor in consideration of royalties or
other benefits determined by reference to the use of the design, then-

(a) in relation to any use of the design by virtue of section eighteen,
subsection (3) of that section shall have effect as if the reference to the
registered proprietor included a reference to the assignor, and any sum

payable by virtue of that subsection shall be divided between the
registered proprietor and the assignor in such proportion as may be
agreed upon between them or as may in default of agreement be
determined by the High Court on a reference under section twenty-one;
and

(b) in relation to any use of the design made for the services of the
State by the registered proprietor to the order of a Government
department, subsection (3) of section eighteen shall have effect as if that
use were made by virtue of an authority given under that section.

(5) Where, under subsection (3) of section eighteen, payments are
required to be made by a Government department to a registered
proprietor in respect of any use of a design, any person being the holder
of an exclusive licence under the registered design (not being such a
licence as is mentioned in subsection (3) of this section) authorising him
to make that use of the design shall be entitled to recover from the
registered proprietor such part, if any, of those payments as may be
agreed upon between that person and the registered proprietor, or as may
in default of agreement be determined by the High Court under section
twenty-one to be just having regard to any expenditure incurred by that
person-

(a) in developing the said design; or

(b) in making payments to the registered proprietor, other than
royalties or other payments determined by reference to the use of the
design, in consideration of the licence;
and if, at any time before the amount of any such payment has been
agreed upon between the Government department and the registered
proprietor, that person gives notice in writing of his interest to the
department, any agreement as to the amount of that payment shall be of
no effect unless it is made with his consent.
(As amended by S.I. No. 175 of 1965
and Act No. 16 of 1980)

20. (1) In this section, “period of emergency” means any period
beginning on such date as may be declared by the Minister by statutory
notice to be the commencement, and ending on such date as may be so
declared to be the termination, of a period of emergency. Special
provisions as to
State use during
emergency

(2) During any period of emergency the powers exercisable in relation
to a design by a Government department or a person authorised by the
Minister under section eighteen, shall include power to use the design
for any purpose which appears to the Minister necessary or expedient-

(a) for the efficient prosecution of any war in which the Republic
may be engaged;

(b) for the maintenance of supplies and services essential to the life
of the community;

(c) for securing a sufficiency of supplies and services essential to
the well-being of the community;

(d) for promoting the productivity of industry, commerce and
agriculture;

(e) for fostering and directing exports and reducing imports or
imports of any classes, from all or any countries and for redressing the
balance of trade;

(f) generally for ensuring that the whole resources of the
community are available for use, and are used, in a manner best
calculated to serve the interests of the community; or

(g) for assisting the relief of suffering and the restoration and
distribution of essential supplies and services in Zambia or any foreign
countries that are in grave distress as the result of war;
and any reference in this Part to the services of the State shall be
construed as including a reference to the purposes aforesaid.
(As amended by G.N. No. 187 of 1964
and S.I. No. 175 of 1965)

21. (1) Any dispute as to- Reference of
disputes as to
State use

(a) the exercise by a Government department or a person authorised
by the Minister of the powers conferred by section eighteen;

(b) the terms for the use of a design for the services of the State
thereunder; or

(c) the right of any person to receive any part of a payment made in
pursuance of subsection (3) of section eighteen; may be referred to the
High Court by any party to the dispute in such manner as may be
prescribed.

(2) In any proceedings under this section to which a Government
department is a party, the Government department may-

(a) if the registered proprietor is a party to the proceedings, apply for
cancellation of the registration of the design upon any ground upon
which the deletion of a design may be ordered by the High Court under
section twenty-four;

(b) in any case, put in issue the validity of the registration of the
design without applying for its cancellation.

(3) If in such proceedings as aforesaid any question arises whether a
design has been recorded or applied as mentioned in section eighteen
and the disclosure of any document recording the design, or of any
evidence of the application thereof, would, in the opinion of the
Government department, be prejudicial to the public interest, the
disclosure may be made confidentially to counsel appearing for the
other party or to an independent expert agreed upon by the parties.

(4) In determining under this section any dispute between a
Government department and any person as to terms for the use of a
design for the services of the State, the High Court shall have regard to
any benefit or compensation which that person or any person from
whom he derives title may have received, or may be entitled to receive,
directly or indirectly from any Government department in respect of the
design in question.
(As amended by S.I. No. 175 of 1965
and Act No. 16 of 1980)

PART VI
ASSIGNMENTS. CORRECTIONS AND
CANCELLATION

22. (1) Where any person becomes entitled by assignment,
transmission or operation of law to a registered design or to a share in a
registered design, or becomes entitled as mortgagee, licensee or
otherwise to any other interest in a registered design, he may apply to
the Registrar in the prescribed manner for the registration of his title as
proprietor or co-proprietor or, as the case may be, of notice of his
interest, in the register. Registration of
assignments,
etc.

(2) Without prejudice to the provisions of subsection (1), an application
for the registration of the title of any person becoming entitled by
assignment to a registered design or a share in a registered design, or
becoming entitled by virtue of a mortgage, licence or other instrument to
any other interest in a registered design, may be made in the prescribed
manner by the assignor, mortgagor, licensor or other party to that
instrument, as the case may be.

(3) Where application is made under this section for the registration of
title of any person, the Registrar shall, upon proof of title to his
satisfaction-

(a) where that person is entitled to a registered design or a share in a
registered design, register him in the register as proprietor or
co-proprietor of the design, and enter in that register particulars of the
instrument or event by which he derives title; or

(b) where that person is entitled to any other interest in the
registered design, enter in that register notice of his interest, with
particulars of the instrument, if any, creating it.

(4) Subject to any rights vested in any other person of which notice is
entered in the register of designs, the person or persons registered as
proprietor of a registered design shall have power to assign, grant
licences under, or otherwise deal with the design, and to give effectual
receipts for any consideration for any such assignment, licence or
dealing.

(5) Except for the purposes of an application to rectify the register under
the provisions of this Act, a document in respect of which no entry has
been made in the register under subsection (3) shall not be admitted in

any proceedings as evidence of the title of any person to a registered
design or share of or interest in a registered design unless the High Court
or the Supreme Court otherwise directs.
(As amended by G.N. No. 187 of 1964
and Act No. 16 of 1980)

23. (1) The Registrar may authorise the correction of any clerical error
or omission or error in translation in any application for the registration
or in the representation of a design, or any error in the register. Power of
Registrar to
authorise
corrections

(2) A correction may be made in pursuance of this section, either upon a
request in writing made by any person interested and accompanied by
the prescribed fee, or without such a request.

(3) Where it is proposed to make a correction otherwise than upon such
a request, the Registrar shall give notice of the proposal to the registered
proprietor or the applicant for registration of the design, as the case may
be, and to any other person who appears to him to be concerned, and
shall give any such person an opportunity of being heard before the
correction is made.

24. (1) The High Court may, on the application of any person
aggrieved, order the register to be rectified by the making of any entry
therein or the variation or deletion of any entry therein. Rectification of
register

(2) The High Court may determine any question which it may be
necessary or expedient to decide in connection with the rectification of
the register.

(3) Repealed by Act No. 16 of 1980.

(4) A notice of any order made by the High Court under this section
shall be served on the Registrar in the prescribed manner, and the
Registrar shall, on receipt of the notice, rectify the register accordingly.
(As amended by Act No 16 of 1980)

25. (1) The Registrar may, upon a request made in the prescribed Cancellation of

manner by the registered proprietor, cancel the registration of a design. registration

(2) At any time after a design has been registered, any person interested
may apply to the Registrar for the cancellation of the registration of the
design on the ground that-

(a) the design was not, at the date of the registration thereof, new or
original;

(b) the design, at the time when it was registered, was a
corresponding design in relation to an artistic work in which copyright
subsisted under the written law relating to copyright;

(c) by reason of a previous use of that artistic work, the design
would not have been registrable under this Act but for subsection (2) of
section twelve; or

(d) the copyright in that work under the written law relating to
copyright has expired;
or on any other ground on which the Registrar could have refused to
register the design; and the Registrar may make such order on the
application as he thinks fit.

(3) An appeal shall lie from any order of the Registrar under subsection
(2).
(As amended by G.N. No. 187 of 1964)

PART VII
FUNCTIONS OF REGISTRAR IN RELATION TO
CERTAIN EVIDENCE, DOCUMENTS A
ND P OWERS
Evidence of
certain entries
and documents

26. (1) A certificate purporting to be signed by the Registrar and
certifying that any entry which he is authorised by or under this Act to
make has or has not been made, or that any other thing which he is so
authorised to do has or has not been done, shall be prima facie evidence
of the matters so certified.

(2) A copy of any entry in the register or of any representation,

specimen or document kept in the Designs Office or an extract from the
register or any such document, purporting to be certified by the
Registrar and to be sealed with the seal of the Patent Office, shall be
admitted in evidence without further proof and without production of
the original.

27. (1) Subject to the provisions of this section and to any regulation
made by the Minister in pursuance of subsection (3) of section eleven,
the representation or specimen of a design registered under this Act shall
be open to inspection at the Designs Office on and after the day on
which the certificate of registration is issued. Inspection of
registered
designs

(2) In the case of a design registered in respect of an article of any class
prescribed for the purposes of this subsection, no representation or
specimen of the design lodged in pursuance of the application shall,
until the expiration of such period after the day on which the certificate
of registration is issued as may be prescribed in relation to articles of
that class, be open to inspection at the Designs Office except by the
registered proprietor, a person authorised in writing by the registered
proprietor, or a person authorised by the Registrar, the High Court or
Supreme Court:

Provided that where the Registrar proposes to refuse an application for
the registration of any other design on the ground that it is the same as
the first-mentioned design or differs from that design only in immaterial
details or in features which are variants commonly used in the trade, the
applicant shall be entitled to inspect the representation or specimen of
the first-mentioned design lodged in pursuance of the application for
registration of that design.

(3) In the case of a design registered in respect of an article of any class
prescribed for the purposes of subsection (2), the representation or
specimen of the design shall not, during the period prescribed as
aforesaid, be inspected by any person by virtue of this section except in
the presence of the Registrar or of an officer acting under him; and
except in the case of an inspection authorised by the proviso to that
subsection, the person making the inspection shall not be entitled to take
a copy of the representation or specimen of the design or any part
thereof.

(4) Where an application for the registration of a design has been

abandoned or refused, neither the application for registration nor any
representation or specimen of the design lodged in pursuance thereof
shall at any time be open to inspection at the Designs Office or be
published by the Registrar.
(As amended by Act No. 16 of 1980).

28. On the request of any person furnishing such information as may
enable the Registrar to identify the design and on payment of the
prescribed fee, the Registrar shall inform him whether the design is
registered, and, if so, in respect of what articles, and whether any
extension of the period of copyright in relation to that design has been
granted and shall state the date of registration and the name and address
of the registered proprietor. Information as
to existence of
copyright

29. The Registrar shall grant a certificate of registration in the
prescribed form to the registered proprietor of a design when the design
is registered. Certificate of
registration

30. The Registrar may, in a case where he is satisfied that the
certificate of registration referred to in section twenty-nine has been lost
or destroyed, or in any other case in which he thinks it expedient, furnish
one or more copies of the certificate. Copies of
certificates of
registration

31. Without prejudice to any provisions of this Act requiring the
Registrar to hear any party to proceedings thereunder, or, to give to any
such party an opportunity to be heard, the Registrar shall give to any
applicant for registration of a design an opportunity to be heard before
exercising adversely to this Act. the applicant any discretion vested in
the Registrar by or under this Act. Exercise of
discretionary
powers of
Registrar

32. (1) Subject to the provisions of section fifty-five, evidence in any
proceedings before the Registrar under this Act shall be given by
affidavit, so, however, that the Registrar may, if he thinks fit in any
particular case, take oral evidence on oath in lieu of or in addition to
such evidence as aforesaid and may allow any witness to be
cross-examined on his affidavit or oral evidence. Proceedings
before Registrar

(2) The powers, rights and privileges of the Registrar in proceedings
before him under this Act shall be the same as those conferred upon
commissioners by the Inquiries Act and the provisions of that Act shall, Cap. 41

mutatis mutandis, apply in relation to the hearing and determination of
any matter before the Registrar under this Act and to any person
summoned to give evidence or giving evidence before him.
(As amended by G.N. No. 187 of 1964)

33. In all proceedings before the Registrar under this Act, the Registrar
shall have power to award to any party such costs as he may consider
reasonable and to direct how and by what parties they are to be paid, and
any costs so awarded shall be taxed by the High Court and payment
thereof may be enforced in the same manner as if they were costs
allowed by the High Court.
(As amended by Act No. 16 of 1980) Power of
Registrar to
award costs

34. The Registrar may in any proceeding held before him decide the
hours, times and places at which he will sit and he may adjourn any
proceedings for such time and to such place as he may think fit. Power of
Registrar to fix
time and place
of sitting, etc.

PART VIII
APPEALS AND LEGAL PROCEEDINGS

35. Where this Act provides for an appeal from a decision of the
Registrar, such appeal shall be made to the High Court.
(As amended by Act No. 16 of 1980) High Court to
hear appeals

36. Repealed by Act No. 16 of 1980.

37. Repealed by Act No. 16 of 1980.

38. The Chief Justice may, by statutory instrument, make rules
regulating the practice and procedure relating to appeals or references to
the High Court or the Supreme Court, as the case may be, as to-
(a) the time within which any requirement of the rules is to be
complied with;
(b) the costs and expenses of an incidental to any proceedings;
(c) the fees to be charged in respect of such proceedings; Rules of court

(d) the summary determination of any appeal which appears to the
High Court or the Supreme Court, as the case may be, to be frivolous or
vexatious or to be brought for the purpose of delay.
(As amended by Act No. 16 of 1980)

39. Appeals under this Part, whether from decisions of the Registrar or
orders or decisions of the High Court, shall be brought within three
months after the date of the decision or order in question, or within such
further time as the High Court or Supreme Court may allow upon
application by the appellant concerned. Time for
appeals

40. When any matter to be decided by the Registrar under this Act
appears to him to involve a point of law or to be of unusual importance
or complexity, he may, after giving notice to the parties, refer such
matter to the High Court for a decision and shall thereafter, in relation to
such matter, act in accordance with the decision of the High Court or
any decision substituted therefor on appeal to the Supreme Court.
(As amended by Act No. 16 of 1980) References to
High Court by
Registrar

41. In any legal proceeding in which the validity of the registration of a
design is contested and is decided in favour of the registered proprietor
of the design, the High Court or Supreme Court may certify to that effect
and, if it is so certifies, then, in any subsequent legal proceeding in
which the validity of the registration comes into question, the registered
proprietor of the design, on obtaining a final order or judgment in his
favour, shall have his full costs, charges and expenses as between
solicitor and client, unless in that subsequent proceeding the High Court
or Supreme Court directs that he ought not to have them.
(As amended by G.N. No. 187 of 1964
and Act No. 16 of 1980) Certification of
validity

42. Any action or legal proceeding relating to the infringement of
copyright in a registered design shall be brought in the High Court.
(As amended by G.N. No. 187 of 1964) Infringement
action to be
heard in High
Court

43. (1) Where any person (whether entitled to or interested in a
registered design or an application for registration of a design or not) by
circulars, advertisements or otherwise threatens any other person with
proceedings for infringement of the copyright in a registered design, any
Remedy for
groundless
threats of
infringement

person aggrieved thereby may bring an action against him in the High
Court for any such relief as is mentioned in subsection (2). proceedings

(2) Unless in any action brought by virtue of this section the defendant
proves that the acts in respect of which proceedings were threatened
constitute or, if done, would constitute, an infringement of the copyright
in a registered design, the registration of which is not shown by the
plaintiff to be invalid, the plaintiff shall be entitled to the following
relief, that is to say:

(a) a declaration to the effect that the threats are unjustifiable;

(b) an injunction or interdict against the continuance of the threats;
and

(c) such damages, if any, as he has sustained thereby.

(3) For the avoidance of doubt, it is hereby declared that a mere
notification that a design is registered does not constitute a threat of
proceedings within the meaning of this section.

(4) The defendant in any such action as aforesaid may apply, by way of
counter-claim in the action, for any relief to which he would be entitled
in a separate action in respect of any infringement by the plaintiff of the
design to which the threats relate.
(As amended by G.N. No. 187 of 1964)

44. (1) When a party to proceedings before the Registrar is resident
outside Zambia, the Registrar may order such party to give security,
within such time as may be directed, for the costs of the proceedings. Security for
costs and
taxation of costs

(2) If the party ordered to give security for costs fails to do so within the
time directed, the Registrar may treat the proceedings as abandoned.

(3) Where a bond is to be given as security for costs, it shall, unless the
Registrar otherwise directs, be given to the party requiring the security.
(As amended by Act No. 16 of 1980)

45. In all proceedings before the High Court under this Act, the costs
of the Registrar shall be in the discretion of the High Court, but the
Registrar shall not be ordered to pay the costs of any of the other parties.
(As amended by Act No. 16 of 1980) Costs of
Registrar

46. Any party to any proceedings before the High Court may appeal in
accordance with rules made under this Part from any order or decision of
that Court to the Supreme Court.
(As amended by Act No. 16 of 1980) Appeals to
Supreme Court

PART IX
OFFENCES AND PENALTIES

47. Any person who makes or causes to be made a false entry in the
register, or a writing falsely purporting to be a copy of an entry in the
register, or who produces or tenders or causes to be produced or
tendered in evidence any such writing, knowing the entry or writing to
be false, shall be guilty of an offence. Falsification of
entries in
register

48. (1) Any person who- Penalty for
falsely
representing a
design as
registered

(a) falsely represents that a design applied to any article sold by him
is registered in respect of that article; or

(b) after the copyright in a registered design has expired, marks any
article to which the design has been applied with the word “registered”,
or any word or words implying that there is a subsisting copyright in the
design, or causes any such article to be so marked;
shall be guilty of an offence and liable to a fine of one thousand five
hundred penalty units or, in default of payment, to imprisonment for a
period not exceeding six months, or to both.

(2) For the purposes of this section, a person who sells an article on
which he has, or has caused to have, stamped, engraved or impressed or
to which he has, or has caused to have, otherwise applied the word
“registered”, or any other word expressing or implying that the design is
registered, shall be deemed to represent that the design applied to the
article is registered in respect of that article.
(As amended by Act No. 13 of 1994)

49. (1) Any person who- Deceiving or
influencing the
Registrar or an
officer

(a) for the purpose of deceiving the Registrar or any other officer of
the Designs Office in the execution of the provisions of this Act; or

(b) for the purpose of procuring or influencing the doing or omission
of anything in relation to this Act or any other matter thereunder;
makes or submits a false statement or representation, whether orally or
in writing, knowing the same to be false, shall be guilty of an offence.

(2) Any person who, having innocently made a false statement or
representation, whether orally or in writing, for the purpose of procuring
or influencing the doing or omission of anything in relation to this Act or
any matter thereunder and who on becoming aware that such statement
or representation was false fails to advise the Registrar forthwith of such
falsity, shall be guilty of an offence.

50. Any person who, after having been sworn or having in lieu thereof
made an affirmation or declaration, wilfully gives false evidence before
the Registrar concerning the subject-matter of the proceeding in
question, knowing such evidence to be false or not knowing or believing
it to be true, shall be guilty of an offence. Witness giving
false evidence

51. Save where otherwise provided in this Act, any person who is
guilty of an offence under this Act shall be liable to a fine not exceeding
fifteen thousand penalty units or to imprisonment for a period not
exceeding three years, or to both.
(As amended by Act No. 13 of 1994) Penalties

PART X
MISCELLANEOUS

52. Where by this Act any act has to be done by or to any person in
connection with a design or any procedure relating thereto, the act may
under and in accordance with the regulations or, in particular cases, by
special leave of the Registrar, be done by or to an agent of that person
duly authorised in the prescribed manner. Recognition of
agents

53. (1) Any application, notice or document authorised or required
under this Act to be lodged, made or given at the Designs Office or to
the Registrar or to any other person may be delivered by hand or sent by
registered post. Lodging and
authentication
of documents

(2) No authentication shall be required in respect of any document
lodged in the Designs Office under the provisions of this Act.
(As amended by Act No. 16 of 1980)

54. (1) Where under the provisions of this Act- Provisions as to
fees

(a) a fee is payable in respect of the performance of any act by the
Registrar, the Registrar shall not perform that act until the fee has been
paid;

(b) a fee is payable in respect of the doing of any act by any person
other than the Registrar, the act shall be deemed not to have been done
until the fee has been paid; or

(c) a fee is payable in respect of the lodging of a document, the
document shall be deemed not to have been lodged until the fee has been
paid.

(2) All fees shall be paid at the Designs Office in such manner as the
Registrar, with the approval of the Minister, may accept.

55. Any person who is required under the provisions of this Act to take
any oath or swear to the truth of any affidavit may, in lieu thereof, make
an affirmation or declaration in accordance with the written law relating
to affirmations or declarations.
(As amended by G.N. No. 187 of 1964) Oaths and
affirmations

56. The Minister may direct the publication by the Registrar in the
Patent Journal of any reports of cases on designs and other relevant
matters as the Minister may deem fit. Journal

57. (1) Nothing in this Act shall be construed as authorising or
requiring the Registrar to register a design the use of which would, in his
opinion, be contrary to law or morality. Savings

(2) Nothing in this Act shall affect the right of the Government or of any
person deriving title directly or indirectly from the Government to sell
or use articles forfeited to the President under the provisions of any
written law.
(As amended by G.N. No. 187 of 1964
and S.I. No. 175 of 1965)

58. (1) The Minister may, by statutory instrument, make regulations
prescribing anything which under this Act is to be prescribed and
generally for the better carrying out of the objects and purposes of this
Act or to give force or effect to its provisions or for its better
administration. Regulations

(2) Without derogation from the generality of the provisions of
subsection (1), regulations made by the Minister may provide for-

(a) the form of applications for registration of designs and of any
representations or specimens of designs or other documents which may
be lodged at the Designs Office, and for requiring copies to be furnished
of any such representations, specimens or documents;

(b) the procedure to be followed in connection with any application
or request to the Registrar, or any proceeding before him, and the
authorising of the rectification of irregularities of procedure;

(c) the service of notices and other documents required to be served
in connection with proceedings under this Act;

(d) the conduct of the business of the Designs Office;

(e) authorising the publication and the sale of copies of
representations of designs and other documents in the Designs Office.

(3) The Minister may prescribe a tariff of the fees which shall be
payable in respect of any application, registration or other matter under
this Act and the fees shall be payable as so prescribed.

PART XI
APPLICATION AND TRANSITIONAL PROVISIONS

59. Any design which immediately before the commencement of this
Act was registered in the United Kingdom under any enactment relating
to registered designs and was protected in the former Protectorate of
Northern Rhodesia under the United Kingdom Designs (Protection)
Act, Chapter 206 of the 1948 Edition of the Laws, shall be deemed to be
registered under this Act and the copyright in that design shall subsist in
Zambia while copyright therein subsists in the United Kingdom.
(As amended by G.N. No. 187 of 1964
and S.I. No. 175 of 1965) Application of
Act and
transitional
provisions

60. Repealed by Act No. 16 of 1980.

SUBSIDIARY LEGISLATION

REGISTERED DESIGNS

SECTION 3-THE DESIGNS OFFICE
(ESTABLISHMENT) ORDER
Order by the Minister Statutory
Instrument
327 of
1968

1. This Order may be cited as the Designs Office (Establishment)
Order. Title

2. The Designs Office is hereby established at the place described in
the Schedule. Establishment
of Designs
Office

SCHEDULE
(Paragraph 2)

That part of the building known as “Kwacha House”, Cairo Road, Lusaka, set apart for the
Designs Office.

THE REGISTERED DESIGNS REGULATIONS
[ARRANGEMENT OF REGULATIONS]

PART I
PRELIMINARY

Regulation
1. Title
2. Interpretation

PART II
APPLICATION FOR
REGISTRATION OF DESIGNS

3. Form of application
4. Endorsement as to novelty
5. Application for registration under section 10
6. Representations or specimens to be furnished with application
7. Preparation of representations
8. In certain cases representations to be furnished in place of
specimens
9. Portraits, armorial bearings, etc.
10. Designs excluded from registration under section 7 (3)
11. Convention applications

PART III
PROCEDURE ON RECEIPT OF
APPLICATION FOR
REGISTRATION

OF A DESIGN AND EXTENSION
OF PERIOD OF COPYRIGHT

12. Registrar’s objections
13. Decision of Registrar
14. Procedure on appeal from decision of Registrar
15. Certificate of registration
16. Non-completion
17. Death of applicant
18. Extension of period of copyright

PART IV
ASSIGNMENTS AND
COMPULSORY LICENCES

Regulation
19. Application for registration of title under section 22
20. Copies of documents
21. Particulars to be stated in application
22. Application for compulsory licence
23. Opposition
24. Hearing

PART V
REGISTER OF DESIGNS

25. Alteration of entries in register
26. Correction of errors
27. Cancellation of registration
28. Costs
29. Searches

30. Certified copies of entries, etc.
31. Copy of certificate of registration
32. Designs not open to public inspection

PART VI
MISCELLANEOUS

33. Prescribed fees
34. Prescribed forms
35. Size, etc., of documents
36. Address for service
37. Method and proof of service
38. Lodging of documents
39. Power of Registrar to fix time and place of proceedings
40. Agency
41. Signature of documents
42. Amendment of documents
43. Power of Registrar to waive requirements
44. Extension of time
45. Excluded days
46. Days and hours of business
47. Copy of application to High Court to be served on Registrar
48. Order of High Court or Supreme Court
49. Publication of order of High Court or Supreme Court

FIRST SCHEDULE-Fees payable to the Office

SECOND SCHEDULE-Prescribed forms

SECTIONS 7 AND 58-THE REGISTERED DESIGNS
REGULATIONS
Regulations by the Minister Federal
Government
Notices
273 of 1958

58 of 1960
Government
Notice
497 of 1964
Statutory
Instruments
40 of 1981
7 of 1984
145 of 1990
55 of 1995
Act No.
13 of 1994

PART I
PRELIMINARY

1. These Regulations may be cited as the Registered Designs
Regulations. Title

2. In these Regulations, unless the context otherwise requires- Interpretation

“agent” means an agent duly authorised to the satisfaction of the
Registrar;

“Office” means the Designs Office;

“section” means a section of the Act;

“specimen” means an article with the design applied to it;

“textile article” means textile piece goods, handkerchiefs and shawls,
and includes such other classes of articles of a similar character as the
Registrar may from time to time decide.

PART II
APPLICATION FOR

REGISTRATION OF DESIGNS

3. (1) An application for the registration of a design shall be signed by
the applicant or his agent. The application shall be in Form No. 1 or No.
2 or, in the case of a design to be applied to a set of articles, in Form No.
3 or No. 4, as the case may be. Form of
application

(2) Where it is desired to register the same design in respect of more
than one article, a separate application shall be made in respect of each
article. In that case each application shall be numbered separately and
shall be treated as a separate and distinct application.

(3) Every application shall state the article to which the design is to be
applied and that the applicant claims to be the proprietor thereof.

(4) Except in the case of an application to register a design to be applied
to a textile article, to wallpaper or to lace, the application shall further be
accompanied by a statement of the features of the design for which
novelty is claimed.

4. The applicant shall, if required by the Registrar in any case so to do,
endorse on each of the representations or specimens a statement
satisfactory to the Registrar of the novelty claimed for the design. Endorsement as
to novelty

5. If the application is for the registration of a design which has already
been registered in respect of one or more articles, or consists of a
registered design with modifications or variations not sufficient to alter
the character or substantially to affect the identity thereof, and it is
desired to claim the protection of section ten for such application, it shall
contain the number or numbers of the registration or registrations
already effected. Application for
registration
under section
10

6. (1) There shall be furnished in connection with an application to
register a design four identical representations of the design, in a form
satisfactory to the Registrar, or four specimens. Where representations
are supplied, the Registrar may at any time before registration require
specimens or additional representations. Representations
or specimens to
be furnished
with application

(2) There shall be furnished in connection with an application for the
registration of a design to be applied to a set of articles four identical
representations of the design, in a form satisfactory to the Registrar, or
four specimens.

(3) The representations of the design to be applied to a set of articles
shall show the design as applied to each different article included in the
set.

7. (1) Each representation of the design, whether to be applied to a
single article or to a set of articles, shall be upon paper of the size
prescribed by regulation 35 and not on cardboard and shall appear on
one side only of the paper. The figure or figures shall be placed in an
upright position on the sheet. When more figures than one are shown,
these shall where possible be on one and the same sheet, and each shall
be designated perspective view, front view, side view, plan or otherwise,
as the case may be. Preparation of
representations

(2) When the representations furnished are drawings or tracings, they
shall be in ink, and if on tracing cloth or tracing paper shall be mounted
on paper of the size prescribed by regulation 35.

(3) Where words, letters or numerals appear in the design but are not of
the essence of the design, they shall be removed from the
representations or specimens; where they are of the essence of the
design, the Registrar may require the insertion of a disclaimer of any
right to their exclusive use.

(4) Each representation of a design which consists of a repeating surface
pattern shall show the complete pattern and a sufficient portion of the
repeat in length and width, and shall not be of less size than 7 inches by
5 inches.

8. When specimens are furnished and are not, in the Registrar’s
opinion, of a kind which can be conveniently mounted in a flat position
by means of an adhesive upon paper, or by stitching on linen-backed
sheets of paper of the size prescribed by regulation 35 and stored
without damage to other documents, representations shall be furnished
in place of specimens. In certain cases
representations
to be furnished
in place of
specimens

9. (1) Where a portrait of H.E. the President or Her Britannic Majesty
or of any member of the British Royal Family, or a reproduction of the
armorial bearings, insignia, orders of chivalry, decorations or flags of
any country, city, borough, town, place, society, body corporate,
institution or person appears on a design, the Registrar, before
proceeding to register the design, shall, if he so requires, be furnished
with a consent to the registration and use of such portrait or reproduction
from such official or other person as appears to the Registrar to be
entitled to give consent, and in default of such consent he may refuse to
register the design. Portraits,
armorial
bearings, etc.

(2) Where the name or portrait of a living person appears on a design,
the Registrar shall be furnished, if he so requires, with consent from
such person before proceeding to register the design. In the case of a
person recently dead, the Registrar may call for consent from his legal
representative before proceeding with the registration of a design on
which the name or portrait of the deceased person appears.

10. There shall be excluded from registration under the Act designs to
be applied to any of the following articles, namely:
(a) works of sculpture other than casts or models used or intended to
be used as models or patterns to be multiplied by any industrial process;
(b) wall plaques and medals; and
(c) printed matter primarily of a literary or artistic character,
including bookjackets, calendars, certificates, coupons, dressmaking
patterns, greetings cards, leaflets, maps, plans, postcards, stamps, trade
advertisements, trade forms, and cards, transfers and the like. Designs
excluded from
registration
under section 7
(3)

11. (1) An application for registration under section thirteen shall
contain a declaration that the application in a convention country upon
which the applicant relies is the first application made in a convention
country in respect of the design, whether by the applicant or by any
person of whom he claims to be the legal representative or assignee, and
shall specify the convention country in which such foreign application
was made, or is to be deemed under subsection (3) of section thirteen to
have been made, and the official date thereof. Convention
applications

(2) In addition to the representations or specimens lodged with every
convention application, there shall be lodged with the application or

within three months thereafter a copy of the representation of the design
filed or deposited in respect of the first application in a convention
country, duly certified by the official chief or head of the Designs Office
of the convention country, or otherwise verified to the satisfaction of the
Registrar.

(3) If any certificate or other document relating to the application is in a
foreign language, it shall be accompanied by a translation thereof in the
English language verified to the satisfaction of the Registrar.

(4) Save as provided by the provisions of this regulation, all
proceedings in connection with a convention application shall be taken
within the times and in the manner prescribed by these Regulations.

PART III
PROCEDURE ON RECEIPT OF
APPLICATION FOR
REGISTRATION
OF A DESIGN AND EXTENSION
OF PERIOD OF COPYRIGHT

12. If the Registrar objects to an application for the registration of a
design, he shall inform the applicant of his objections in writing and,
unless within two months the applicant applies for a hearing or makes a
considered reply in writing to those objections, he shall be deemed to
have withdrawn his application. Registrar’s
objections

13. If the applicant applies for a hearing, the decision of the Registrar
at such hearing shall be communicated to the applicant in writing. Decision of
Registrar

14. If the applicant desires to appeal from the Registrar’s decision, he
shall within one month from the date of the decision apply to the
Registrar in Form No. 5, requesting him to state in writing the grounds
of, and the materials used by him in arriving at, his decision. Upon
receipt of such application, the Registrar shall send to the applicant such Procedure on
appeal from
decision of
Registrar

statement as aforesaid in writing, and the date when such statement is
sent shall be deemed to be the date of the Registrar’s decision for the
purpose of an appeal.

15. The certificate of registration of a design shall be in Form No. 6,
No. 7, No. 8 or No. 9, whichever is applicable, and may be modified as
directed by the Registrar. Certificate of
registration

16. The time prescribed for the purposes of subsection (4) of section
nine, which relates to non-completion of an application, shall be twelve
months from the date of the application: Non-completion

Provided that the application may be completed at any time after twelve
months but within fifteen months of the date aforesaid, if a request for
an extension of time is made in Form No. 10 bearing the prescribed fee.

17. In case of the death of any applicant for the registration of a design
after the date of his application, and before registration of the design has
been effected, the Registrar may, on being satisfied of the applicant’s
death, enter in the register, in place of the name, address and nationality
of such deceased applicant, the name, address and nationality of the
person owning the design on such ownership being proved to the
satisfaction of the Registrar. Death of
applicant

18. (1) An application for extension of the period of copyright for a
second period of five years shall be made in Form No. 11, and an
application for extension of the period of copyright for a third period of
five years shall be made in Form No. 12. Extension of
period of
copyright

(2) An application for extension of the period of copyright in a design
registered by virtue of section ten shall be made before the expiration of
the period of copyright in the original registered design current at the
date of lodging the application under section ten.

(3) Where an application is made for registration of a design by virtue
of section ten and the period of copyright in the original registered
design, current at the date of lodging the said application, expires before
the completion of that application, registration shall not be effected until
the copyright in the original registered design has been extended for a

further period and an application has been lodged for the extension of
the period of copyright in the design to be registered.

(4) A request for an enlargement of time for payment of any fee payable
for an extension of the period of copyright shall be made in Form No.
13.

PART IV
ASSIGNMENTS AND
COMPULSORY LICENCES

19. (1) An application for the registration of the title of any person
becoming entitled by assignment, transmission or operation of law to a
registered design or to a share in a registered design, or becoming
entitled as mortgagee, licensee or otherwise to any interest in a
registered design, shall be made- Application for
registration of
title under
section 22

(a) in the case of an application under subsection (1) of section
twenty-two by the person becoming so entitled in Form No. 14; and

(b) in the case of an application under subsection (2) of section
twenty-two by the assignor, mortgagor, licensor or other party
conferring the interest in Form No. 15.

(2) Application may be made in Form No. 16 for entry in the register of
notification of any other document purporting to affect the
proprietorship of a registered design.

20. (1) A copy of any document which is referred to in an application
under regulation 19, duly certified to the satisfaction of the Registrar,
shall be produced to the Registrar with the application. Copies of
documents

(2) Unless the Registrar otherwise directs, the original of any other
document so referred to shall be produced to him with the application,
and a certified copy of any such document shall be lodged therewith,
and such original document shall be returned to the person who
produced it.

21. (1) An application under regulation 19 (1) shall contain the name,
address and nationality of the person claiming or stated to be entitled
together with full particulars of the instrument, if any, under which title
is claimed or given. Particulars to be
stated in
application

(2) Where the name of a person is entered in the register as mortgagee
or licensee, such person may, on making an application for the purpose
in Form No. 17, have a note entered in the register that he no longer
claims to be mortgagee or licensee, as the case may be.

22. An application for the grant of a compulsory licence under section
seventeen shall be made in Form No. 18. Such application shall be in
duplicate and accompanied by a statement in duplicate setting out fully
the nature of the applicant’s interest and the facts upon which he bases
his case. Copies of the application and the statement of case shall be
transmitted by the Registrar to the registered proprietor. Application for
compulsory
licence

23. (1) If the registered proprietor desires to oppose the application he
shall, within such time as the Registrar may allow, file a statement fully
setting out the grounds on which the application is to be opposed and
shall deliver to the applicant a copy thereof. Opposition

(2) The applicant shall, within such time as the Registrar may allow, file
evidence in support of his case and shall deliver to the registered
proprietor a copy thereof.

(3) Within such time as the Registrar may allow, the proprietor may file
evidence in answer and shall deliver to the applicant a copy thereof; and
within such time as the Registrar may allow, the applicant may file
evidence confined to matters strictly in reply and shall deliver to the
proprietor a copy thereof.

(4) No further evidence shall be filed by either party except by leave or
on direction of the Registrar.

(5) If any person fails to file in terms of this regulation any statement or
evidence within the time allowed by the Registrar for the purpose, he
shall be deemed to have abandoned his right to file such statement or

evidence.

24. (1) On completion of the evidence, or at such other time as he may
see fit, the Registrar shall appoint a time for the hearing of the case and
shall give the parties at least fourteen days’ notice of the appointment. Hearing

(2) After hearing the party or parties desiring to be heard or, if none of
the parties desires to be heard, then without a hearing, the Registrar shall
decide the matter and notify his decision to the parties.

PART V
REGISTER OF DESIGNS

25. (1) A request by the registered proprietor of a design for the
alteration of a name, nationality, address or address for service entered
in the register in respect of his design shall be made in Form No. 19 or
No. 20, as the case may be. Alteration of
entries in
register

(2) Before acting on a request to alter a name or nationality, the
Registrar may require such proof of the alteration as he may think fit.

(3) If the Registrar is satisfied that the request may be allowed, he shall
cause the register to be altered accordingly.

26. Where an applicant for registration or the registered proprietor of a
design desires, under the provisions of section twenty-three, to correct
an error, he shall make the application in Form No. 21. Correction of
errors

27. (1) Where the registered proprietor of a design desires to cancel his
registration under subsection (1) of section twenty-five, he shall make
application in Form No. 22. Cancellation of
registration

(2) An application for the cancellation of the registration of a design
under subsection (2) of section twenty-five shall be made in Form No.
23, and shall be accompanied by a copy thereof and a statement in
duplicate setting out fully the nature of the applicant’s interest and the

facts on which he relies. A copy of the application shall be sent by the
Registrar to the registered proprietor and thereupon the provisions of
regulations 23 and 24 shall apply.

28. In the event of an application for the grant of a compulsory licence
or for the cancellation of the registration of a design being uncontested
by the proprietor, the Registrar, in deciding whether costs should be
awarded to the applicant, shall consider whether proceedings might
have been avoided if reasonable notice had been given by the applicant
to the registered proprietor before the application was lodged. Costs

29. (1) Where any person desires to obtain the information which he is
entitled to obtain under section twenty-eight and can furnish the
registration number of the design, he shall apply in Form No. 24 and the
Registrar shall thereafter furnish him with the information aforesaid. Searches

(2) Where the applicant is unable to furnish the registration number of a
design, he shall apply in Form No. 25 and furnish in duplicate to the
Registrar a representation or specimen of the design applied to an article
and the Registrar shall thereupon make such search among designs
applied to such articles as may be possible, and shall furnish such
information as can properly be given.

(3) The Registrar shall, upon application for the purpose made in Form
No. 26, accompanied in duplicate by a representation or specimen of a
design applied to an article, cause a search to be made among registered
designs and state whether the design as applied to that article appears to
be identical with, or closely to resemble, any registered design applied
to such article of which the copyright is still existing.

30. Copies of any entry in the register, or copies of, or extracts from,
designs, representations, specimens and other public documents in the
Office, or of or from registers and other records kept there, certified by
the Registrar, may be furnished by the Registrar upon receipt of a
request therefor in Form No. 27 from any person who, if the Registrar
thinks fit so to require, can show an interest in the entry, matter or thing
to his satisfaction. The Registrar shall not be obliged to include in the
certificate a copy of any representation or specimen, unless he is
furnished by the applicant with a copy thereof suitable for the purpose. Certified copies
of entries, etc.

31. An application under section thirty for a copy of a certificate of
registration shall be made in Form No. 28 and shall be accompanied by
evidence setting out fully and verifying the circumstances in which the
original certificate of registration was lost or destroyed or cannot be
produced. Copy of
certificate of
registration

32. (1) Where the Registrar has given a direction under subsection (2)
of section eleven prohibiting or restricting the publication of a design,
the representation or specimen of the design shall not be open to public
inspection while such direction remains in force. Designs not
open to public
inspection

(2) The period under subsection (2) of section twenty-seven during
which a design shall not be open to inspection, except as provided in that
section, shall be, as regards designs to be applied to textile articles, three
years and as regards designs to be applied to wallpaper and lace, two
years from the date of the registration thereof.

PART VI
MISCELLANEOUS

33. The fees to be paid in respect of the registration of designs and
applications therefor, and in respect of other matters relating to designs
arising under the Act, shall be those prescribed in the First Schedule. Prescribed fees

34. The forms set out in the Second Schedule shall be used in all cases
to which they are applicable and may be modified as directed by the
Registrar. Prescribed
forms

35. Subject to any directions that may be given by the Registrar, all
applications, notices, statements, papers having representations affixed,
or other documents authorised or required by the Act to be made, left or
sent at or to the Office, shall be written, typewritten, lithographed or
printed in the English language upon strong paper, in dark, indelible ink
and, except where otherwise required, on one side only, of a size
approximately 13 inches by 8 inches, and shall have on the left-hand
part thereof a margin of not less than 1 1/2 inches. Size, etc., of
documents

36. Every person concerned in any proceedings to which these
Regulations relate, and every registered proprietor, shall furnish to the
Registrar an address for service in Zambia and that address may be
treated for all purposes connected with such proceedings or design as
the address of the person concerned in the proceedings or the registered
proprietor. Address for
service

37. (1) Where any notice, application or other document is required to
be served on any person under the provisions of the Act, such service
may be effected by the delivery of a copy thereof- Method and
proof of service

(a) at the address for service furnished to the Registrar in terms of
these Regulations; or

(b) to such person personally, or to his duly authorised agent; or

(c) at his residence or place of business or employment, to some
responsible person there residing or employed.

(2) Service effected by any person in accordance with the provisions of
this regulation shall be proved by a certificate made in Form No. 29 and
such certificate shall be filed with the Registrar.

38. Any notice, application or other document sent to the Office by
post shall not be deemed to have been given, made or lodged until it is
actually received in the Office. Lodging of
documents

39. The Registrar may in any proceedings held before him decide the
hours, times and places at which he will sit and he may adjourn any
proceedings for such time and to such place as he may think fit. Power of
Registrar to fix
time and place
of proceedings

40. (1) Any application, request or notice which is required or
permitted by the Act or these Regulations to be made or given to the
Registrar, and all other communications between an applicant or a
person making such request or giving such notice and the Registrar, and
between the registered proprietor of a design and the Registrar or any
other person, may be signed, made or given by or through an agent. Agency

(2) Any such applicant, person making request or giving notice, or
proprietor may appoint an agent to act for him in any proceedings or
matter before or affecting the Registrar under the Act and these
Regulations by signing and sending to the Registrar an authority to that
effect in Form No. 30 or in such other written form as the Registrar may
deem sufficient. In case of such appointment, service upon the agent of
any document relating to the proceedings or matter shall be deemed to
be service upon the person so appointing him, all communications
directed to be made to such person in respect of the proceedings or
matter may be addressed to such agent, and all attendances upon the
Registrar relating thereto may be made by or through such agent. In any
particular case the Registrar may require the personal signature or
presence of an applicant, opponent, proprietor or other person.

(3) The Registrar shall not be bound to recognise as such agent any
person-

(a) who has been proved to him to have been guilty of conduct
discreditable to an agent; or

(b) who has been convicted of a criminal offence and sentenced to
imprisonment without the option of a fine; or

(c) who has been suspended from practice as a legal practitioner or
whose name has been struck off the roll of legal practitioners; or

(d) who has been adjudged guilty of conduct discreditable to a
patent agent; or

(e) who has been suspended from practice as a patent agent, or
whose name has been erased from the register of patent agents kept
under the provisions of the Patents Act, and not subsequently restored. Cap. 400

41. (1) A document purporting to be signed for or on behalf of a
partnership shall contain the names of all the partners in full and may be
signed by a partner or by any other person who satisfies the Registrar
that he is authorised to sign the document. Signature of
documents

(2) A document purporting to be signed for or on behalf of a body
corporate shall be signed by a director or by the secretary or other

principal officer of the body corporate, or by any other person who
satisfies the Registrar that he is authorised to sign the document.

42. Any document lodged in any proceedings before the Registrar
may, if the Registrar thinks fit, be amended, and any irregularity in
procedure may be rectified on such terms as he may direct. Amendment of
documents

43. (1) Where, under these Regulations, any person is required to do
any act or thing, or any document or evidence is required to be produced
or lodged, the Registrar may, upon the production of such evidence and
subject to such terms and conditions as he may think fit, modify or
dispense with the doing of the act or thing or the production or lodging
of the document or evidence if he is satisfied that it is reasonable so to
do. Power of
Registrar to
waive
requirements

(2) The Registrar may allow an application for a design, although not in
accordance with these Regulations, to be left on such terms and
conditions as he may think fit. In any such case the Registrar shall
require the applicant to comply with these Regulations within the time
specified by him. Until the prescribed requirements are complied with,
no further action shall be taken by the Registrar in respect of the
application.

44. (1) If in any particular case the Registrar is satisfied that the
circumstances are such as to justify an extension of the time for doing
any act or taking any proceedings under these Regulations, not being a
time expressly provided in the Act or prescribed by regulation 11 (2), he
may extend the time upon such notice to other parties, and proceedings
thereon, and upon such terms as he may direct, and the extension may be
granted though the time has expired for doing the act or taking the
proceeding. Extension of
time

(2) At any stage of any proceedings before the Registrar, he may direct
that such documents, information or evidence as he may require shall be
lodged, and may fix the period for the lodging thereof.

45. Whenever the last day fixed by these Regulations for doing any act
or thing at the Office shall fall on a day when the Office is not open, such
day shall be an excluded day for the purpose of these Regulations, and it
shall be lawful to do the act or thing on the first day following such Excluded days

excluded day which is not an excluded day.

46. The Office shall be open to the public and the register shall be open
to inspection on payment of the fee specified in the First Schedule every
weekday, except Saturday, between the hours of nine and one, and two
and half-past three; except on public holidays. Days and hours
of business

47. A copy of every application made to the High Court under the Act
shall be served on the Registrar. Copy of
application to
High Court to
be served on
Registrar

48. (1) Where an order relating to a design has been made by High
Court or Supreme Court the person in whose favour such order has been
made shall forthwith file at the Office a certified copy of such order
together with an application in Form No. 31. Order of The
Supreme Court
to the High
Court

(2) The specimen or representation of a design shall thereupon be
amended or the register rectified or the purport of such order shall
otherwise be duly entered in the register, as the case may be.

49. Whenever an order is made by the High Court or by the Supreme
Court under the Act, the Registrar may, if he thinks fit that the order
should be made public, require the applicant or the the order should be
made public, require the applicant or the appellant, as the case may be,
to publish it in the Patent Journal.
(As amended by F.G.N. No. 58 of 1960) Publication of
order of Court
or Tribunal

FIRST SCHEDULE
(Regulation 33)

TARIFF OF FEES PAYABLE TO THE REGISTRAR OF REGISTERED DESIGNS
WITH EFFECT FROM 1ST MAY 1995

The following fees shall be paid in respect of applications, registrations and other matters
under the Act. Such fees must in all cases be paid before or at the time of doing the matter in
respect of which they are to be paid.
Amount Amount
Payable by Payable by
Local Foreign Corre-
Firms, Firms, spond-
Corpora- Corporations ing
tions and and Form
Item Matter or Proceeding Individuals Individuals No.
Fee units US$
1. (a) On application to register
one design to be applied
to a single article-
(i) not being textile articles 150 50.00 1 or 2
(ii) if made of lace 120 50.00 1 or 2
(b) On application to register
one design to be applied to
a set of articles-
(i) not being textile articles 185 70.00 3 or 4
(ii) if made of lace 155 50.00 3 or 4
(c) On application to register
one design to be applied to a
textile article 150 50.00 1 or 2
2. On application to Registrar to
state grounds of decision and
materials used under regulation 14 205 90.00
3. On request for extension of time
within which an application, for
registration of a design may be
completed, where the extension
requested-
(i) does not exceed one month 20 10.00 10

(ii) exceeds one month but
does not exceed two months 40 15.00 10
(iii) exceeds two months 70 20.00 10
4. On application for extension of 11 or
copyright under section 15 (2) 150 50.00 12
For the second period of five 11 or
years 200 100.00 12
For the third period of five 11 or
years 250 150.00 12
5. On request for enlargement of
time for payment of fee for
extension of copyright, where
the enlargement-
(i) does not exceed one
one month 20 10.00 13
(ii) exceeds one month but
does not exceed two months 40 15.00 13
(iii) exceeds two months 70 20.00 13
6. On request to enter subsequent
proprietorship, etc., under
regulation 19-
(i) if made within six months
from date of acquisition of
proprietorship, etc., in 14 or
respect of one design 100 35.00 15
(ii) if made after six but
within twelve months
from date of acquisition
of proprietorship, etc., 14 or
in respect of one design 50 15.00 15
(iii) if made after expiration
of twelve months from
date of acquisition of
proprietorship, etc., in 14 or
respect of one design 70 20.00 15
AND on application covering
more than one design, for each 14 or
additional design similarly acquired 20 10.00 15
7. On application for entry of
notification of document in the
Register-

(i) if made within six months
from date of document, in
respect of one design 70 15.00 16
(ii) if made after six but
within twelve months from
date of document, in
respect of one design 100 25.00 16
(iii) if made after expiration
of twelve months from
date of document, in
respect of one design 80 15.00 16
AND on application covering
more than one design, for
each additional design referred
to in the same document as
first design 20 10.00 16
8. On application by mortgagee,
licensee or other person for
entry that he no longer claims
an interest, in respect of one
design 20 10.00 17
AND for each additional design
referred to in the application 20 10.00 17
9. On application for compulsory
licence under section 17 60 15.00 18
10. On application to enter change
of name or nationality of
registered proprietor in the
Register, in respect of one
design 20 20.00 19
AND for each additional design
referred to in the application 20 15.00 19
11. On application for alteration of
address for service in the
Register, in respect of one
design 20 15.00 20
AND for each additional design
referred to in the application 20 15.00 20
12. On application under section 23
to correct error 100 30.00 21
13. On application by proprietor

for cancellation under section
25 (1) 40 10.00 22
14. On application for cancellation
of registration under section
25 (2) 40 10.00 23
15. On application for search under
section 28 when the registration
number is supplied 50 25.00 24
16. On application for search under
section 28 when the registration
number is not supplied 70 35.00 25
17. On application for search under
regulation 29 (3) 60 30.00 26
18. On application for certified copy
of entries, etc., under
regulation 30 35 15.00 27
19. On application for copy of
certificate of registration under
regulation 31 35 15.00 28
20. On every authorisation of an
agent 20 10.00 30
21. On application for entry of court
or tribunal order 20 10.00 31
22. For inspection of the Register 40 15.00
23. For certifying office copies,
MSS., or photographic or
printed matter-
(i) under seal 70 25.00
(ii) other 60 15.00
24. For inspecting and making
copies of documents, in respect
of each application or design 20 10.00
25. For typewritten copy of any
document, for every 100 words 50 16.00
26. For photographic copy of any
document or drawing, per sheet (Price as fixed by the
Minister from time to time)
(As amended by S.I. No. 55 of 1995
and Act No. 13 of 1994)

SECOND SCHEDULE
(Regulation 34)

PRESCRIBED FORMS

Corresponding
Form Matter Fee Item No.
1. Application for registration of design (non-Convention)1 (a) or (c)
2. Application under section 13 of the Act for registration
of design (Convention) .. .. .. 1 (a) or (c)
3. Application for registration of design to be applied to a
set of articles (non-Convention) .. .. .. 1 (b)
4. Application under section 13 of the Act for registration
of design to be applied to a set of articles (Convention) 1 (b)
5. Application for statement of grounds of decision under
regulation 14 .. .. .. .. 2
6. Certificate of registration of design .. .. –
7. Certificate of registration of design .. .. –
8. Certificate of registration of design .. .. –
9. Certificate of registration of design .. .. –
10. Request for extension of time within which an applica-
tion for the registration of a design may be completed 3
11. Application for extension of copyright in design for a
second period of five years .. .. .. 4
12. Application for extension of copyright in design for a
third period of five years .. .. .. 4
13. Request for enlargement of time for payment of fee for
extension of copyright in design .. .. .. 5
14. Application under regulation 19 by assignee, mortgagee
or licensee to enter subsequent proprietorship or
interest in design in the register .. .. .. 6
15. Application under regulation 19 by assignor, mortgagor,
licensor, etc., to enter subsequent proprietorship or
interest in design in the register .. .. .. 6
16. Application for entry of notification of document in
register.. .. .. .. 7

17. Application by mortgagee or licensee under regulation
21 (2) for entry in register of note that he no longer
claims such interest .. .. .. .. 8
18. Application for the grant of a compulsory licence under
section 17 of the Act.. .. .. .. 9
19. Application to enter alteration of name or nationality of
registered proprietor of design in register .. .. 10
20. Application for alteration of address or address for
service in register .. .. .. .. 11
21. Request under section 23 of the Act for correction of
error .. .. .. .. 12
22. Application by registered proprietor of design to cancel
registration .. .. .. .. 13
23. Application for cancellation of registration under section
25 (2) of the Act .. .. .. .. 14
24. Request for information under section 28 of the Act
when registration number is supplied .. .. 15
25. Request for search under section 28 of the Act when
registration number is not supplied .. .. .. 16
26. Request for search under regulation 29 (3) .. .. 17
27. Request for general certificate of the Registrar (in-
cluding certificate of registration of a design) .. .. 18
28. Application for copy of certificate of registration of
design .. .. .. .. 19
29. Certificate of service .. .. .. –
30. Form of authorisation of agent.. .. .. 20
31. Application for entry of order of Court or Tribunal .. 21

REPUBLIC OF ZAMBIA
Designs Form No. 1
Section 9
Regulation 3

THE REGISTERED DESIGNS ACT
Fee: 1 (a) or (c)

APPLICATION FOR REGISTRATION OF DESIGN (NON-CONVENTION)

Application is hereby made for registration of the accompanying design in the name of

(1)

of

who claim(s) to be the proprietor(s) thereof.
The design is to be applied to (2)

(1) State full
name and
address of
applicant(s)
(2) Here state
the article to
which the
design is to be
applied as
shown in the
representations

(3) The design has been previously registered for one or more other articles under
No. ……………………………………………………………………………..
(4) The design consists of the design previously registered under No.
with modifications or variations not sufficient to alter the character or substantially to
affect the identity thereof.
Dated this day of ……………………………………, 19 …………… (3) and (4)
Delete one
or both
paragraphs,
if
inapplicable

(5)

My/Our address for service in Zambia:
(5) To be
signed by
the
applicant(s)
or his/their

The Registrar,
The Designs Office,
Lusaka,
Zambia.
NOTE.-Four identical representations or specimens of the design should accompany this
form, and, except in the case of an application in respect of a design to be applied to a
textile article, to wallpaper or to lace, it should further be accompanied by a statement of
the features of the design for which novelty is claimed.
agent

REPUBLIC OF ZAMBIA
Designs Form No. 2
Sections 9 and 13
Regulations 3 and 11

THE REGISTERED DESIGNS ACT
Fee: 1 (a) or (c)

APPLICATION UNDER SECTION 13 OF THE ACT FOR REGISTRATION OF
DESIGN (CONVENTION)

Application is hereby made for the registration of the accompanying design in the name
of (1)

of

being a national/nationals of (1) State
full name
and address
of
applicant(s)

who claim(s) to be the proprietor(s) thereof (2)

(2) If the
applicant
is not the
person
whom
made the
application
in the
convention
country,
the words
“by virtue
of”
followed
by
particulars
of the
instrument
under
which he
claims,
should be
inserted

The design is to be applied to a (3)

(4) The design has been previously registered for one or more other articles under
No …………………………………………………………………… (3) Here state
the article to
which the
design is to be
applied as
shown in the
representations

(5) The design consists of the design previously registered under No.
with modifications or variations not sufficient to alter the character or substantially to
affect the identity thereof.
Application for protection of the design has been made in the following country (4) and (5)
Delete one
or both
paragraphs,
if
inapplicable

(6)
on the following official date (7)
numbered (8) Such application was the first application
made in a convention country in respect of the relevant design, whether by the applicant(s)
or by any person of whom he/they claim(s) to be the legal representative(s) or assignee(s),
and the applicant(s) in the above-mentioned country qualify/qualifies under (9) Article 2/3
of the Convention by reason of being (9) a national(s) of/domiciled in/having a place of
business in a member state, namely (6) Here
insert the
name of
the
convention
country in
which the
first
application
was made
(7) Here
insert the
official
date of the
first
application
in a
convention
country
(8) Here
insert
official
number of
first
application
in
convention
country

This application is made on the ground that I/we qualify under the said (9) Article 2/3 by
reason of being (9) a national(s) of/domiciled in/having a place of business in a member (9) Delete
whichever

state, namely
and that to the best of my/our knowledge and belief there is no lawful ground of objection
to the registration of the design and that I/we request that the design may be registered as
of the date (7)
Dated this day of ……………………………………, 19 …………… does not
apply

(10)

My/Our address for service in Zambia:

The Registrar,
The Designs Office,
Lusaka,
Zambia.
NOTE.-Four identical representations or specimens of the design should accompany this
form, and, except in the case of an application in respect of a design to be applied to a
textile article, to wallpaper or to lace, it should further be accompanied by a statement of
the features of the design for which novelty is claimed.
(10) To be
signed by
the
applicant(s)
or his/their
agent

REPUBLIC OF ZAMBIA
Designs Form No. 3
Section 9
Regulation 3

THE REGISTERED DESIGNS ACT
Fee: 1 (b)

APPLICATION FOR REGISTRATION OF DESIGN TO BE APPLIED TO A
SET OF ARTICLES (NON-CONVENTION)

Application is hereby made for registration of the accompanying design for a set of

articles in the name of (1)

of

who claim(s) to be the proprietor(s) thereof. (1) State
full names
and
addresses
of
applicant(s)

The design is to be applied to (2)

(2) Here state
the set of
articles, and
also the trade
description of
each of the
articles
comprised in
the set to
which the
design is to be
applied as
shown in the
representations

(3) The design has been previously registered for one or more other articles under
No. ……………………………………….
(4) The design consists of the design previously registered under No.
with modifications of variations not sufficient to alter the character or substantially to
affect the identity thereof.
Dated this day of ……………………………………, 19 …………… (3) and (4)
Delete one
or both
paragraphs,
if
inapplicable

(5)

My/Our address for service in Zambia:

The Registrar,
The Designs Office,
Lusaka,
Zambia.
NOTE.-Four identical representations or specimens of the design should accompany this
form, and, except in the case of an application in respect of a design to be applied to a
textile article, to wallpaper or to lace, it should further be accompanied by a statement of
the features of the design for which novelty is claimed.
(5) To be
signed by
the
applicant(s)
or his/their
agent

REPUBLIC OF ZAMBIA
Designs Form No. 4
Sections 9 and 13
Regulations 3 and 11

THE REGISTERED DESIGNS ACT
Fee: 1 (b)

APPLICATION UNDER SECTION 13 OF THE ACT FOR REGISTRATION OF
DESIGN TO BE APPLIED TO A SET OF ARTICLES (CONVENTION)

Application is hereby made for the registration of the accompanying design in the name

of (1)

of
being a national/nationals of (1) State
full name
and address
of
applicant(s)

who claim(s) to be the proprietor(s) thereof (2)

The design is to be applied to a (3)

(2) If the
applicant
is not the
person
who made
the
application
in the
convention
country,
the words
“by virtue
of”,
followed
by
particulars
of the
instrument
under
which he
claims,
should be
inserted
here

(4) The design has been previously registered for one or more other articles under
No. …………………………………..
(5) The design consists of the design previously registered under No.
with modifications or variations not sufficient to alter the character or substantially to
affect the identity thereof.
Application for protection of the design has been made in the following country
(6)
on the following official date (7)
numbered (8) Such application was the first application
made in a convention country in respect of the relevant design, whether by the
applicant(s) or by any person of whom he/they claim(s) to be the legal representative(s)
or assignee(s), and the applicant(s) in the above mentioned country qualify/qualifies
under (9) Article 2/3 of the Convention by reason of being (9) a national(s)
of/domiciled in/having a place of
business in a member state, namely (3) Here state
the set of
articles, and
also the trade
description of
each of the
articles
comprised in
the set, to
which the
design is to be
applied as
shown in the
representations

This application is made on the ground that I/we qualify under the said (9) Article 2/3 by
reason of being (9) a national(s) of/domiciled in/having a place of business in a member
state, namely
and that to the best of my/our knowledge and belief there is no lawful ground of objection
to the registration of the design and that I/we request that the design may be registered as
of the date (7)
Dated this day of ……………………………………, 19 ……………
(4) and (5)
Delete one
or both
paragraphs,
if
inapplicable

(10)

My/Our address for service in Zambia:

The Registrar,
The Designs Office,
Lusaka,
Zambia.
NOTE.-Four identical representations or specimens of the design should accompanying
this form, and, except in the case of an application in respect of a design to be applied to a
textile article, to wallpaper or to lace, it should further be accompanied by a statement of
the features of the design for which novelty is claimed.
(6) Here
insert the
name of the
convention
country in
which the
first
application
was made
(7) Here
insert the
official
date of the
first
application
in a
convention
country

(8) Here
insert
official
number of
first
application
in
convention
country
(9) Delete
whichever
does not
apply
(10) To be
signed by
the
applicant(s)
or his/their
agent

REPUBLIC OF ZAMBIA
Designs Form No. 5
Section 9
Regulation 14

THE REGISTERED DESIGNS ACT
Fee unit: 1

APPLICATION FOR STATEMENT OF GROUNDS OF DECISION UNDER
REGULATION 14

Application for Design No
Application is hereby made under regulation 14 of the Registered Designs Regulations
for a statement in writing of the grounds of the decision dated the
day of , 19 ……………. after the hearing on the …………………………
day of , 19 …………. and the materials used in arriving at such
decision.
Dated this day of ……………………………………, 19 ……………

(1)

My/Our address for service in Zambia:

The Registrar,
The Designs Office,
Lusaka,
Zambia. (1) To be
signed by
the
applicant(s)
or his/their
agent

REPUBLIC OF ZAMBIA
Designs Form No. 6
Regulation 15

THE REGISTERED DESIGNS ACT

CERTIFICATE OF REGISTRATION OF DESIGN

Number of Registration
This is to certify that, in pursuance of and subject to the provisions of the Registered
Designs Act, the design, of which a representation is annexed, has been registered in the
name of

as of the day of ……………………………………….., 19 …………,
in respect of the application of such design to

Sealed at my direction, this day of ………………………………..,
19 ………….

Registrar
The Designs Office,
Lusaka,
Zambia.
NOTE.-Subject to the provisions of the Act, copyright in this design will subsist for five
years from the first above-mentioned date, and may be extended for two further periods,
each of five years.

REPUBLIC OF ZAMBIA
Designs Form No. 7
Regulation 15

THE REGISTERED DESIGNS ACT

CERTIFICATE OF REGISTRATION OF DESIGN

Number of Registration
This is to certify that, in pursuance of and subject to the provisions of the Registered
Designs Act, the design, of which a representation is annexed, has been registered in the
name of
as of the
day of , 19 ………….., in respect of the application of such
design to
The period of copyright conferred by the registration of this design does not extend beyond
the expiration of the original and any extended period of copyright in registered
design No
Sealed at my direction, this day of
……………………………………………., 19 …………

Registrar
The Designs Office,
Lusaka,
Zambia.
NOTE.-Copyright in this design will normally expire on the
but may, on application made in the
prescribed manner, be extended for two further periods, each of five years, provided that
the period of copyright in design No. be similarly extended.

REPUBLIC OF ZAMBIA
Designs Form No. 8
Regulation 15

THE REGISTERED DESIGNS ACT

CERTIFICATE OF REGISTRATION OF DESIGN

Number of Registration
This is to certify that, in pursuance of and subject to the provisions of the Registered
Designs Act, the design, of which a representation is annexed, has been registered in the
name of

as of the day of ………………………………………., 19 …………
being the date on which application was made for protection of the design in a convention
country, viz
in respect of the application of such design to

Sealed at my direction, this day of ………………………………….,
19 …………….

Registrar
The Designs Office,
Lusaka,
Zambia.
NOTE.-Subject to the provisions of the Act, copyright in this design will subsist for five
years from the first above-mentioned date, and may be extended for two further periods,
each of five years.

REPUBLIC OF ZAMBIA
Designs Form No. 9
Regulation 15

THE REGISTERED DESIGNS ACT

CERTIFICATE OF REGISTRATION OF DESIGN

Number of Registration
This is to certify that, in pursuance of and subject to the provisions of the Registered
Designs Act, the design, of which a representation is annexed, has been registered in the
name of

as of the day of …………………………………………, 19 …………..
being the date on which application was made for protection of the design in a convention
country, viz.
in respect of the application of such design to

The period of copyright conferred by the registration of this design does not extend beyond
the expiration of the original and any extended period of copyright in registered
design No. ……………………………………………
Sealed at my direction, this day of ………………………………,
19 …………….

Registrar
The Designs Office,
Lusaka,
Zambia.
NOTE.-Copyright in this design will normally expire on the ,
but may, on application made
in the prescribed manner, be extended for two further periods, each of five years, provided
that the period of copyright in design No. be
similarly extended.

REPUBLIC OF ZAMBIA
Designs Form No. 10
Section 9 (4)
Regulation 16

THE REGISTERED DESIGNS ACT
Fee: 3

REQUEST FOR EXTENSION OF TIME WITHIN WHICH AN APPLICATION
FOR THE REGISTRATION OF A DESIGN MAY BE COMPLETED

I/We hereby apply for , month’s extension of time
within which the application No. for the registration of a
design may be completed.
Dated this day of …………………………………., 19 ………….

(1)

The Registrar,
The Designs Office,
Lusaka,
Zambia.
(1) State
name and
full
address to
which
receipt is
to be sent

REPUBLIC OF ZAMBIA
Designs Form No. 11
Section 15 (2)
Regulation 18

THE REGISTERED DESIGNS ACT
Fee unit: 1

APPLICATION FOR EXTENSION OF COPYRIGHT IN DESIGN
FOR A SECOND PERIOD OF FIVE YEARS

I/We hereby apply for the extension of the period of copyright in design No.
for a second period of five years.
Dated this day of ………………………………….., 19 ……………

(1)

The Registrar,
The Designs Office,
Lusaka,
Zambia. (1) State
name and
full
address to
which
certificate
is to be
sent

(This part of the form to be filled in at the Designs Office)

CERTIFICATE OF EXTENSION OF COPYRIGHT IN DESIGN FOR
THE SECOND PERIOD OF FIVE YEARS

This is to certify that
did on the day of ………………………………………., 19 …………
make application and pay the prescribed fee for the extension of copyright in design
No. and that the copyright is hereby extended
for a second period of five years until the day of
…………………………………………… 19 ………..
Sealed at my direction, this day of …………………………………,

19 ……………

Registrar
The Designs Office,
Lusaka,
Zambia.

REPUBLIC OF ZAMBIA
Designs Form No. 12
Section 15 (2)
Regulation 18

THE REGISTERED DESIGNS ACT
Fee unit: 1

APPLICATION FOR EXTENSION OF COPYRIGHT IN DESIGN
FOR A THIRD PERIOD OF FIVE YEARS

I/We hereby apply for the extension of the period of copyright in design No.
for a third period of five years.
Dated this day of ………………………………….., 19 …………..

(1)

The Registrar,
The Designs Office,
Lusaka,
Zambia. (1) State
name and
full
address to
which
certificate
is to be
sent

(This part of the form to be filled in at the Designs Office)

CERTIFICATE OF EXTENSION OF COPYRIGHT IN DESIGN FOR
THE THIRD PERIOD OF FIVE YEARS

This is to certify that
did on the day of ……………………………………….., 19 …………,
make application and pay the prescribed fee for the extension of copyright in design
No. and that the copyright is hereby extended for
a third period of five years until the day of
………………………………………………, 19 …………..

Sealed at my direction, this day of ………………………………..,
19 ……………

Registrar
The Designs Office,
Lusaka,
Zambia.

REPUBLIC OF ZAMBIA
Designs Form No. 13
Section 15 (2)
Regulation 18 (4)

THE REGISTERED DESIGNS ACT
Fee

REQUEST FOR ENLARGEMENT OF TIME FOR PAYMENT OF
FEE FOR EXTENSION OF COPYRIGHT IN DESIGN

I/We hereby request months’s enlargement of time
within which payment of the fee of K for the extension of
the copyright in design No. may be made.
Dated this day of ………………………………….., 19…………..

(1)

The Registrar,
The Designs Office,
Lusaka,
Zambia. (1) State
name and
full
address to
which
receipt is
to be sent

REPUBLIC OF ZAMBIA
Designs Form No. 14
Section 22 (1)
Regulation 19 (1) (a)

THE REGISTERED DESIGNS ACT
Fee

APPLICATION UNDER REGULATION 19 BY ASSIGNEE, MORTGAGEE OR
LICENSEE
TO ENTER SUBSEQUENT PROPRIETORSHIP OR INTEREST IN DESIGN IN THE
REGISTER

I/We (1)

hereby request that you will enter my/our name(s) in the register as proprietor(s)/
mortgagee(s)/licensee(s) of the design No.
I am/We are entitled to the said design (or to a share or an interest in the said design) in (1) State
full name
and
address

pursuance of (2)

Dated this day of ……………………………………, 19 …………. (2) Insert
full
particulars
of the
instrument,
if any

(3)

My/Our address for service in Zambia:

The Registrar,
The Designs Office,
Lusaka,
Zambia. (3) To be
signed by
the
applicant(s)
or his/their
agent

NOTE.-The instrument under which the applicant claims should accompany this form.

REPUBLIC OF ZAMBIA
Designs Form No. 15
Section 22 (2)
Regulation 19 (1) (b)

THE REGISTERED DESIGNS ACT
Fee unit: 1

APPLICATION UNDER REGULATION 19 BY ASSIGNOR, MORTGAGOR,
LICENSOR, ETC.,
TO ENTER SUBSEQUENT PROPRIETORSHIP OR INTEREST IN DESIGN IN THE
REGISTER

I/We (1)

(1) State
full name
and
address

hereby request that you will enter the name(s) of (2)

in the register as subsequent proprietor(s)/mortgagee(s)/licensee(s) of the design
No …………………………………………………………
He is/They are entitled to the said design (or to a share or interest in the said design) by (2) Here
insert
name,
address
and
nationality
of
assignee,
etc.

virtue of (3)

The address for service in Zambia of the subsequent proprietor, mortgagee or licensee, (3) Insert
full
particulars
of the
instrument,
if any

etc., is (4)

Dated this day of ………………………………………, 19 ………….. (4) Here
insert the
address for
service in
Zambia of
the
subsequent
proprietor,

mortgagee,
licensee,
etc.

(5)

The Registrar,
The Designs Office,
Lusaka,
Zambia. (5) To be
signed by
the
applicant(s)
or his/their
agents

REPUBLIC OF ZAMBIA
Designs Form No. 16
Section 6 or 22
Regulation 19 (2)

THE REGISTERED DESIGNS ACT
Fee unit: 1

APPLICATION FOR ENTRY OF NOTIFICATION OF DOCUMENT IN REGISTER

I/We transmit herewith an attested copy of (1)

relative to design No as well as the original document for
verification, and I/we apply that a notification thereof may be entered in the register.
Dated this day of ……………………………………, 19 ……………. (1) Here
insert a
description
of the
nature of
the
document,
giving its
date and
the names
and
address of
the parties
thereto

(2) (2)
Signature

(3)

The Registrar,
The Designs Office,
Lusaka,
Zambia.
(3) Here
insert full
address of
the party
benefiting
under the
document

REPUBLIC OF ZAMBIA
Designs Form No. 17
Section 22
Regulation 21 (2)

THE REGISTERED DESIGNS ACT
Fee unit: 1

APPLICATION BY MORTGAGEE OR LICENSEE UNDER REGULATION 21 (2) FOR
ENTRY IN REGISTER OF NOTE THAT HE NO LONGER CLAIMS SUCH INTEREST

Design No.
Name of registered proprietor

Place of business

I/We, the undersigned,
of
apply for entry in the register that I/we no longer claim to be mortgagee(s) or licensee(s)
in respect of design No.
Dated this day of …………………………………, 19 ………….

(1)

The Registrar,
The Designs Office,
Lusaka,
Zambia. (1) To be
signed by
the
applicant(s)
or his/their
agent

REPUBLIC OF ZAMBIA
Designs Form No. 18
Section 17
Regulation 22

THE REGISTERED DESIGNS ACT

Fee unit: 1

APPLICATION FOR THE GRANT OF A COMPULSORY LICENCE UNDER
SECTION 17 OF THE ACT

Design No.
I/We

of
hereby apply for the grant of a compulsory licence in respect of design No.
on the ground that the design is not applied in Zambia by any industrial process or means to
the article in respect of which it is registered to such an extent as is reasonable in the
circumstances of the case.
Dated this day of …………………………………., 19 ……………

(1)

My/Our address for service in Zambia:

The Registrar,
The Designs Office,
Lusaka,
Zambia.
NOTE.-The application must be accompanied by a copy thereof and and a statement of
case in duplicate.
(1) To be
signed by
the
applicant(s)
or his/their
agent

REPUBLIC OF ZAMBIA
Designs Form No. 19
Section 6
Regulation 25

THE REGISTERED DESIGNS ACT
Fee: 10

APPLICATION TO ENTER ALTERATION OF NAME OR NATIONALITY OF
REGISTERED PROPRIETOR OF DESIGN IN REGISTER

I/We

hereby apply, in respect of design No , that my/our name(s)
or nationality in the register may be altered to (1)

There has been no change in the actual proprietorship of the said design.
Dated this day of …………………………………….., 19 …………..

(2)

My/Our address for service in Zambia:

The Registrar,
The Designs Office,
Lusaka,|Zambia. (1) Here
insert
particulars
of
alteration

REPUBLIC OF ZAMBIA
Designs Form No. 20
Section 6
Regulation 25

THE REGISTERED DESIGNS ACT
Fee: 11
APPLICATION FOR ALTERATION OF ADDRESS OR ADDRESS FOR SERVICE IN
REGISTER
Design No
I/We

of

the registered proprietor(s) of the design numbered as above apply that my/our address or
my/our address for service in the register may be altered to
Dated this day of …………………………………….,19 ………….

(1)

The Registrar,
The Designs Office,
Lusaka,
Zambia.
(1) To be
signed by
the
applicant(s)
or his/their
agent

REPUBLIC OF ZAMBIA
Designs Form No. 21
Section 23
Regulation 26

THE REGISTERED DESIGNS ACT
Fee unit: 1
REQUEST UNDER SECTION 23 OF THE ACT FOR CORRECTION OF ERROR
I/We hereby request that the following error

in the (1)

of design No may be corrected as follows: (1) Here state
whether in
application,
representation
or entry in
register

(2)
Dated this day of ……………………………………….19 ………… (2) Here
state what
correction
should be
made

(3)

My/Our address for service in Zambia:

The Registrar,
The Designs Office,
Lusaka,
Zambia. (3) To be
signed by
the
applicant(s)
or his/their
agent

REPUBLIC OF ZAMBIA
Designs Form No. 22
Section 25 (1)
Regulation 27 (1)

THE REGISTERED DESIGNS ACT
Fee unit: 1

APPLICATION BY REGISTERED PROPRIETOR OF DESIGN TO CANCEL
REGISTRATION

Design No
Name of registered proprietor

Address
I/We, the undersigned,
of
apply that the registration of design No may be cancelled.
Dated this day of ……………………………………, 19 …………

(1)

The Registrar,
The Designs Office,
Lusaka,
Zambia.
(1) To be
signed by
the
applicant(s)
or his/their
agent

REPUBLIC OF ZAMBIA
Designs Form No. 23
Section 25 (2)
Regulation 27 (2)

THE REGISTERED DESIGNS ACT
Fee Unit: 1

APPLICATION FOR CANCELLATION OF REGISTRATION UNDER
SECTION 25 (2) OF THE ACT

Design No.
I/We
of
hereby apply for cancellation of the registration of design No.

on the ground that (1)

Dated this day of …………………………………, 19 ………… (1) Here
state
ground(s)
on which
cancellation
is requested

(2)

My/Our address for service in Zambia:

The Registrar,
The Designs Office,
Lusaka,
Zambia.
NOTE.-The application must be accompanied by a copy thereof and a statement of case in
duplicate. (2) To be
signed by
the
applicant(s)
or his/their
agent

REPUBLIC OF ZAMBIA
Designs Form No. 24
Section 28
Regulation 29 (1)

THE REGISTERED DESIGNS ACT
Fee unit: 1

REQUEST FOR INFORMATION UNDER SECTION 28 OF THE ACT
WHEN REGISTRATION NUMBER IS SUPPLIED

I/We hereby request that I/we may be given such information as I/we may be entitled to
under section 28 with respect to the design registered under No.
Dated this day of ………………………………………, 19 ………….

(1)

Address:

The Registrar,
The Designs Office,
Lusaka,
Zambia.
(1) To be
signed by
the
applicant(s)
or his/their
agent

REPUBLIC OF ZAMBIA
Designs Form No. 25
Section 28
Regulation 29 (2)

THE REGISTERED DESIGNS ACT
Fee unit: 1

REQUEST FOR SEARCH UNDER SECTION 38 OF THE ACT WHEN
REGISTRATION NUMBER IS NOT SUPPLIED

I/We hereby request that a search may be made in respect of the design (a representa-
tion or specimen of which is annexed hereto in duplicate) applied to (1)

and that I/we may be given such information as I/we may be entitled to under section 28.
Dated this day of ……………………………………, 19 …………… (1) Here
insert
name of
article

(2)

Address:

The Registrar,
The Designs Office,
Lusaka,
Zambia. (2) To be
signed by
the
applicant(s)
or his/their
agent

REPUBLIC OF ZAMBIA
Designs Form No. 26
Section 28
Regulation 29 (3)

THE REGISTERED DESIGNS ACT
Fee unit: 1

REQUEST FOR SEARCH UNDER REGULATION 29 (3)

I/We hereby request that a search may be made and that I/we may be informed whether the
design (a representation or specimen of which is annexed hereto in duplicate) to be

applied to (1)

appears to be identical with or closely to resemble any registered design applied to such
article of which the copyright is still existing.
Dated this day of ……………………………………., 19 …………..
(2)

Address:

The Registrar,
The Designs Office,
Lusaka,
Zambia.
(1) Here
insert
name of
article

REPUBLIC OF ZAMBIA
Designs Form No. 27
Section 6 (2)
Regulation 30

THE REGISTERED DESIGNS ACT
Fee unit: 1

REQUEST FOR GENERAL CERTIFICATE OF THE REGISTRAR

Design No. , registered in the name of ………………………………..
I/We

of

hereby request the Registrar to furnish me/us with (1) his certificate that (2)

(1) a certificate of registration of the design (1) for use in obtaining registration abroad.
Dated this day of …………………………………….., 19 …………… (1) Delete
words that
are not
applicable
(2) Here
set out the
particulars
which the
Registrar
is
requested
to certify

(3)

The Registrar,
The Designs Office,
Lusaka,
Zambia. (3) To be
signed by
the
applicant(s)
or his/their
agent

REPUBLIC OF ZAMBIA
Designs Form No. 28
Section 30
Regulation 31

THE REGISTERED DESIGNS ACT
Fee unit: 1

APPLICATION FOR COPY OF CERTIFICATE OF REGISTRATION OF DESIGN

I/We have to inform you that the Certificate of Registration of Design No.

has been (1) …………………………………………………….

(1) Here state
whether
“lost” or
“destroyed”
or “cannot be
produced”, as
the case may
be, and state
in full the
circumstances
of the case
which must
be verified by
affidavit

I/We therefore apply for the issue of a copy of such certificate (2)

Dated this day of …………………………………….., 19 …………… (2) Here
state the
interest
possessed
by
applicant(s)
in the
design

(3)

Address:
(3) To be
signed by
the
applicant(s)
or his/their

The Registrar,
The Designs Office,
Lusaka,
Zambia.
agent

REPUBLIC OF ZAMBIA
Designs Form No. 29
Regulation 37 (2)

THE REGISTERED DESIGNS ACT

CERTIFICATE OF SERVICE

I/We (1)

(1) State
name and
address

hereby certify that at (2)

on the day of ……………………………., 19 ……….., at ……………………
o’clock in the noon, I/we served the following documents

upon (2) State
precisely
where
service
was
effected

by (3)

Dated this day of ……………………………………, 19 …………. (3) Here
describe
the method
of service

(4)
The Registrar,
The Designs Office,
Lusaka,
Zambia. (4) To be
signed by
the person
effecting
service

REPUBLIC OF ZAMBIA
Designs Form No. 30
Section 52
Regulation 40

THE REGISTERED DESIGNS ACT
Fee unit: 1

FORM OF AUTHORISATION OF AGENT

I/We (1)

(1) The full
names of all
the partners
in a firm
must be
inserted, and
the kind and
country of
incorporation
of bodies
corporate
stated

have appointed (2)
of
(2) Here
insert
name and
address of
agent

to act as my/our agent for (3)

No. ………………………………..
and request that all notices, requisitions and communications relating thereto may be sent to
such agent at the above address.
I/We hereby revoke all previous authorisations, if any, in respect of the same matter or
proceeding.
Dated this day of …………………………………….., 19 …………. (3) Here
state the
particular
matter or
proceeding
for which
the agent is
appointed,
giving the
reference
number, if
known

(4)
Address: (5) (4) To be
signed by

(To be deleted if the person appointing the agent desires his own
address to be treated as the address for service after registration.) person
appointing
the agent

I/We also authorise the said (2)
to complete the entry of an address for service as part of any registration obtained under the
above authorisation.
Dated this day of ………………………………………, 19 ………..
(4)
Address: (5)

The Registrar,
The Designs Office,
Lusaka,
Zambia.
(5) Here
insert full
trade or
business
address of
the person
appointing
the agent

REPUBLIC OF ZAMBIA
Designs Form No. 31
Regulation 48

THE REGISTERED DESIGNS ACT
Fee unit: 1

APPLICATION FOR ENTRY OF ORDER OF COURT OR TRIBUNAL

I/We (1)

in respect of Registered Design/Design Application No.
hereby transmit a certified copy of an order by the High Court for Zambia/by the Tribunal (1) State
name and
address of
applicant(s)

with reference to (2)

Dated this day of ………………………………………, 19 …………. (2) Here
state
purport of
the order

(3)

My/Our address for service in Zambia:

The Registrar,
The Designs Office,
Lusaka,
Zambia.
(As amended by Act No. 13 of 1994) (3) To be
signed by
the
applicant(s)
or this/their
agent

THE REGISTERED DESIGNS (HIGH COURT) RULES
[ARRANGEMENT OF RULES]

PART I
PRELIMINARY

Rule
1. Title
2. Interpretation

PART II
APPEALS

3. Entry of appeal
4. Application for an extension of time in which to appeal
5. Notice of hearing
6. Evidence
7. Attendance of witnesses
8. Security on appeal
9. Abandonment or failure to prosecute appeal
10. Frivolous or vexatious appeals

PART III
APPLICATIONS

11. Dispute as to State use
12. Rectification of register

13. Hearing of applications
14. Evidence by affidavit
15. Costs

PART IV
TAXATION OF COSTS

16. Registrar of High Court to be Taxing Officer
17. Necessary and proper costs to be allowed
18. Scale of fees to be followed
19. Witnesses’ charges and allowances
20. Taxation of costs
21. Review of decision of Taxing Officer
22. Reference to Judge in Chambers

PART V
GENERAL

23. Adjournment of proceedings
24. Place of hearing
25. Prescribed forms
26. Prescribed fees
27. Endorsement of fee on document chargeable
28. Oath to be taken by assessors appointed under section 37
29. Remuneration of assessors

FIRST SCHEDULE-Prescribed forms

SECOND SCHEDULE-Prescribed fees

SECTION 38-THE REGISTERED DESIGNS (HIGH
COURT) RULES
Federal
Government
Notice

Rules by the Minister
274 of 1958
Government
Notice
497 of 1964
Act No.
13 of 1994
Statutory
Instrument
55 of 1995

PART I
PRELIMINARY

1. These Rules may be cited as the Registered Designs (High Court)
Rules. Title

2. In these Rules, unless the context otherwise requires- Interpretation

“Office” means the Designs Office;

“section” means a section of the Act.

PART II
APPEALS

3. (1) Any person who desires to appeal to the High Court from a
decision of the Registrar of Designs in any matter in which a right of
appeal is given under the Act shall, within three months after the date of
the decision, file with the registrar of the High Court a notice in Form
D.T. No. 1. Entry of appeal

(2) A notice of appeal shall state the nature of the decision appealed
against and whether the appeal is from the whole or part only and, if so,
what part of the decision, and shall be accompanied by a statement in
writing of the appellant’s grounds of appeal.

(3) The appellant shall send a copy of the notice of appeal to the
Registrar of Designs and to any person or persons who appeared or gave
notice of opposition in the proceedings before the said Registrar.

(4) The appellant shall be responsible for the preparation of the record
which shall be certified by the Registrar of Designs as correct in terms of
sub-rule (7).

(5) The Registrar of Designs as well as the parties or their legal
practitioners shall endeavour to exclude from the record all documents
(more particularly such as are purely formal) that are not relevant to the
subject-matter of the appeal, and generally to reduce the bulk of the
record as far as practicable, and to avoid the production of unnecessary
exhibits, taking special care to avoid the duplication of documents and
the unnecessary repetition of headings, and furnish merely the formal
particulars of documents; but the documents omitted to be copied shall
be enumerated in a list to be placed after the index or at the end of the
record.

(6) The Registrar of Designs, after consultation with the registrar of the
High Court shall direct the number of copies of the record to be
prepared, having regard to whether or not one or more assessors are
likely to sit upon the hearing of the appeal.

(7) After the completion of the preparation of the record, the Registrar
of Designs shall certify the record to be correct and forward it to the
registrar of the High Court together with such copies thereof as he has
directed to be prepared in terms of sub-rule (6).

4. (1) Any application for an extension of time in which to appeal shall
be in Form D.T. No. 2 and shall state briefly the grounds upon which the
application is based and, where facts are alleged, such facts shall be
verified by affidavit. Application for
an extension of
time in which to
appeal

(2) The application accompanied by supporting documents shall be
delivered to the registrar of the High Court and copies shall forthwith be
served by the appellant on the Registrar of Designs and on any person or
persons who appeared or gave notice of opposition in the proceedings
before the said Registrar.

(3) The respondent shall be entitled to file an affidavit in reply within
fourteen days from the date of service or within such longer period as
may be ordered by the High Court, and the Tribunal may permit further

affidavits to be filed. Copies of such affidavits shall be served on the
Registrar of Designs and on the appellant or the respondent, as the case
may be, immediately after the affidavits are filed.

5. (1) The registrar of the High Court shall, after obtaining directions
from the High Court, give to the Registrar of Designs, to the appellant
and to any opposing party not less than fourteen days’ notice of the time
and place appointed for the hearing of the appeal, unless the president of
the Tribunal directs that shorter notice shall be given. Notice of
hearing

(2) In any case where the setting down of the hearing of an appeal has
been delayed, any party may apply to the registrar of the High Court to
fix a date for the hearing, and thereupon the registrar of the High Court,
after consulting any other party and the High Court, shall set down the
appeal for hearing after having given to the Registrar of Designs and to
any other party not less than fourteen days’ notice or such shorter notice
of the time and place appointed for the hearing of the appeal as directed
by the High Court.

(3) If in the opinion of the registrar of the High Court an appeal is not
being prosecuted timeously, he may lay the matter before the High
Court for directions and, if the High Court is satisfied that the parties do
not intend or are unable to proceed with the appeal, he may direct that
the parties attend before him to show cause why the appeal should not be
dismissed.

6. Subject to the provisions of subsection (6) of section thirty-five, the
evidence used on appeal to the High Court shall be the same as that used
before the Registrar of Designs, and no further evidence shall be given
except with the leave of the Court. Evidence

7. The High Court may, at the request of any party, order the
attendance at the hearing for the purpose of cross-examination of any
person who has given evidence in the matter to which the appeal relates. Attendance of
witnesses

8. (1) Subject to the provisions of section forty-four, any party may, at
any time before the hearing of an appeal, apply to the High Court for an
order that any opposing party shall, within such time, in such amount
and in such manner as the High Court directs, give security for the
payment of any costs which such opposing party may be ordered to pay. Security on
appeal

(2) The party applying for an order for security for costs shall serve
upon the opposing party a copy of the notice of the application for
security at least seven days before the date of the hearing thereof.

(3) Any party ordered to give security for costs in terms of this rule may
apply to the High Court for an order extending the time within which
any security is to be given, and shall give not less than four days’ notice
of such application to the other party.

(4) In the event of the security not being given or being only partly
given within the time directed by the High Court or any extension
thereof, all proceedings in the appeal shall be deemed to be stayed,
unless the High Court otherwise orders, and the appeal shall be set down
for such order, whether of dismissal or otherwise, as the High Court may
think fit.

9. (1) An appellant may at any time abandon his appeal by giving
notice of abandonment in Form D.T. No. 3 to the registrar of the High
Court and, upon such notice being given, the appeal shall be deemed to
have been dismissed by the High Court. Abandonment
or failure to
prosecute
appeal

(2) The appellant shall serve a copy of the notice of abandonment on the
respondent and on the Registrar of Designs.

(3) The respondent may, upon receipt of such notice, apply to the High
Court for an order in respect of any costs incurred by him.

10. If it appears to the High Court that any notice of appeal against a
decision of the Registrar of Designs discloses grounds of appeal which
are frivolous or vexatious and that the appeal can be determined without
a hearing, the High Court may dismiss the appeal summarily without
calling on any person to attend the hearing of such appeal. Frivolous or
vexatious
appeals

PART III
APPLICATIONS

11. (1) Any reference to the High Court under section twenty-one by a
party to a dispute (hereinafter referred to as “the claimant”) shall be
made in Form D.T. No. 4 and shall be filed with the Registrar of
Designs. Dispute as to
State use

(2) The claimant shall by affidavit verify the facts upon which he relies
and shall state fully the nature of his interest in the matter in dispute and
the relief which he seeks.

(3) The claimant shall serve a copy of his claim and of the relevant
affidavit upon the other party to the dispute.

(4) The other party shall within two months from the date of receipt of
such copy deliver to the Registrar of Designs a counter-statement,
verified by affidavit, setting out fully the nature of his interest and the
facts upon which he relies, and shall at the same time serve upon the
claimant a copy of the counter-statement and of such affidavit.

(5) Proof of service shall be furnished to the satisfaction of the Registrar
of Designs.

(6) When the provisions of this rule have been complied with to the
extent herein required, the Registrar of Designs shall hand all relevant
papers to the registrar of the High Court.

(7) Any party to the dispute may at any time during the proceedings
under this rule make application to the Tribunal for an order for the
hearing of oral evidence, and the Tribunal shall make such order as it
deems fit.

12. An application for the rectification of the register under section
twenty-four shall be made to the Tribunal in Form D.T. No. 5 and a copy
thereof shall be served on the Registrar of Designs and on any other
person appearing from the register to be interested in the design. Rectification of
register

13. (1) When the registrar of the Tribunal has received from the
Registrar of Designs the papers or written proceedings in relation to any Hearing of
applications

application or other matter made to the High Court under the provisions
of the Act, he shall, after taking directions from the High Court, appoint
a time and place for the hearing of the case, and shall give the parties at
least fourteen days’ notice of the appointment.

(2) After hearing the party or parties desiring to be heard or, if none of
the parties desires to be heard, then without a hearing, the High Court
shall decide the case and notify its decision to the parties.

14. (1) All evidence shall be by affidavit unless otherwise directed by
the High Court. Evidence by
affidavit

(2) Whenever a time is specified in this Part within which any act or
thing is to be done, the Registrar of Designs may, on application made to
him in writing, extend the time either before or after its expiration or
within any extended period.

15. If the applicant notifies the High Court that he does not desire to
proceed with an application, the High Court in deciding whether costs
should be awarded to the other party shall consider whether proceedings
might have been avoided if such other party had given reasonable notice
to the applicant before the application to the High Court was filed. Costs

PART IV
TAXATION OF COSTS

16. The registrar of the High Court shall be the Taxing Officer for the
purpose of taxing a bill of costs of a legal practitioner, and in the
taxation of costs shall comply with such instructions as may from time
to time be given to him by the High Court for that purpose. Registrar of
Tribunal to be
Taxing Officer

17. (1) With a view to affording the party who has been awarded an
order for costs a full indemnity for all costs reasonably incurred by him
in relation to his application or opposition, and to ensure that all such
costs shall be borne by the party against whom such order has been
awarded by the High Court, the Taxing Officer shall on every taxation
allow all such costs, charges and expenses as appear to him to have been Necessary and
proper costs to
be allowed

necessary or proper for the attainment of justice or for defending the
rights of any party, but, save as against the party who incurred the same,
no costs shall be allowed which appear to the Taxing Officer to have
been incurred or increased through over-caution, negligence or mistake,
or by payment of a special fee to counsel, unless the High Court
otherwise orders, or special charges and expenses to witnesses or other
persons or by other unusual expenses.

(2) Upon the taxation of costs the Taxing Officer may, in determining
the remuneration to be allowed, have regard to the skill, labour and
responsibility involved, If, on having regard to the said matters, the
Taxing Officer considers that there are special reasons why costs in
excess of those prescribed in the Second Schedule should be allowed, he
may, in respect of any particular application made or business done,
allow such costs as seem to him reasonable and shall certify his decision
in writing.

(3) Any person aggrieved by the charges made by any legal practitioner
in respect of work performed by him under the provisions of the Act
may refer such charges to the Taxing Officer for taxation.

18. In the taxation of costs the Taxing Officer shall be guided, as far as
the circumstances of each particular case will permit, by the scale of fees
prescribed in Part IV of the Second Schedule. In addition to these
charges, all disbursements shall be separately charged and shall be
allowed by the Taxing Officer when reasonable. Scale of fees to
be followed

19. (1) Witnesses requiring payment shall be paid for their attendance
and travelling in accordance with the tariff prescribed in Part II of the
Second Schedule. Witnesses’
charges and
allowances

(2) The charges for witnesses as fixed by tariff are to be considered as
payable to the witness by the party who summoned or produced him
and, in the event of any such party being awarded his costs against any
other party, the said charges shall be allowed against such other party in
the taxation of costs.

(3) Any person applying to the registrar of the Tribunal for the issue of a
subpoena to compel the attendance of any witness shall by endorsement
of such subpoena give an undertaking that all expenses due to the

witness shall be tendered to such witness upon service of the subpoena,
failing which no subpoena shall issue. If upon service of the subpoena
all expenses due to such witness have not been paid the subpoena shall
have no force and effect.

(4) In the taxation of costs between party and party, no amount shall be
allowed for any witness whether for attendance or travelling expenses
unless there is produced to the Taxing Officer proof that such amount
has already been paid or tendered to or claimed by such witness.

(5) In the taxation of costs between party and party, nothing shall be
allowed for any witness not examined unless upon proof that his
evidence might reasonably have been believed to be material and
necessary.

(6) If the number of witnesses summoned, or if the number of affidavits
filed, is manifestly greater than is reasonably necessary, there shall only
be allowed against the other party the charges for such witnesses or
affidavits as were reasonably necessary.

(7) In the taxation of costs between party and party, no amount shall be
allowed for any witness in respect of personal attendance or travelling
expenses if the fact or facts which such witness is subpoenaed to prove
have, before the issue of such subpoena, been admitted to the party
taking out the subpoena by the opposite party:

Provided that such admission shall be in writing, signed by the party
making it or his legal practitioner acting on his behalf.

(8) When the same person is a witness in more cases than one heard on
the same day, he shall be entitled to no more than one fee for personal
attendance and one allowance for travelling expenses, which shall be
equally divided between such cases.

20. (1) In all cases where a notice of taxation is necessary, seven days’
notice together with a copy of the bill of costs shall be given by the legal
practitioner on behalf of the party whose costs are to be taxed to the
other party or to the legal practitioner of such other party. Taxation of
costs

(2) When the dwelling-house or place of business of the party against
whom costs are to be taxed is more than thirty-six miles from the seat of
the High Court, the time for the service of such notice shall be extended
to fourteen days.

(3) In the taxation of costs, the notice of taxation with a copy of the bill
of costs may be transmitted by registered post to the party appearing in
person.

21. Any party aggrieved by the decision of the Taxing Officer may
apply to the High Court within four weeks after the taxation to review
such taxation. Copies of the application shall be served on the Taxing
Officer and on the opposite party. The application shall specify the items
forming the subject of the grievance but the grounds upon which such
items are sought to be reviewed shall not require to be verified by
affidavit. Review of
decision of
Taxing Officer

22. The Taxing Officer may, without filing any formal documents,
submit any point arising at a taxation for decision by a Judge in
Chambers, and it shall be competent for the Taxing Officer and for the
legal practitioners who appeared at the taxation to appear before the
High Court respecting such point. Reference to
president of
Tribunal in
chambers

PART V
GENERAL

23. The hearing of any application or other matter before the High
Court may from time to time be adjourned upon such terms as the High
Court thinks fit. Adjournment of
proceedings

24. (1) Except as provided in sub-rule (2), every hearing before the
High Court shall be in Lusaka. Place of hearing

(2) One or more of the parties may, not later than fourteen days before
the date approved for the hearing, apply to the High Court to conduct the
hearing at some other place in Zambia. The High Court may, in its

discretion and subject to such conditions as to notice and costs as it
thinks fit, conduct the hearing at the place named in the application.

(3) Where an application under sub-rule (2) is not made by all the
parties to the proceedings, the High Court shall not decide the
application without giving the parties an opportunity to be heard.

25. The forms set out in the First Schedule shall be used in all cases to
which they are applicable and may be modified as directed by the High
Court. Prescribed
forms

26. The High Court fees prescribed in Part I of the Second Schedule
shall be paid to the Registrar of Designs at the Office. Prescribed fees

27. (1) Upon receipt of any document chargeable with any fee payable
in terms of these Rules, the Registrar of Designs shall endorse upon the
original of such document the amount of the fee paid and the date of
payment. Endorsement of
fee on
document
chargeable

(2) The Registrar of Designs shall refuse to accept any document in
respect of which a fee is payable under these Rules, unless the
appropriate fee accompanies such document.

28. The form of oath to be taken by assessors appointed under section
thirty-seven shall be as follows: Oath to be taken
by assessors
appointed under
section 37

I, ……………………………………………………. hereby declare that I will to the
best of my ability faithfully and diligently discharge any duties as
assessor without favour, fear or prejudice.

29. The remuneration of any assessor appointed under section
thirty-seven shall be as prescribed in Part III of the Second Schedule. Remuneration
of assessors

FIRST SCHEDULE
(Rule 25)

PRESCRIBED FORMS

Form D.T. No. 1
Sections 35 and 39
Rule 3 (1)
THE REGISTERED DESIGNS ACT
Fee units: 8
NOTICE OF APPEAL TO THE TRIBUNAL

IN THE MATTER of an application (1)

and (1) State
nature of
application
or
proceedings,
the name of
the
applicant(s)
and the
number of
the
application
for
registration
of design

IN THE MATTER of an opposition by (2)

(2) State
the name of
the
opponent(s)
if the
application
is opposed

I/We (3)
of
(3) State
full name
and address
of
appellant(s)

hereby give notice of appeal to the Tribunal from (4)

of the Registrar of Designs, dated the
day of , 19 …………… whereby he (4) Here
insert “the
decision”
or “that
part of the
decision”,
as the case
may be

(5)

Dated this day of ……………………………………, 19 …………. (5) Here
insert
“refused
application
for
registration
of a design”
or “refused
(or granted)
application
for
compulsory
licence” or
otherwise,
as the case
may be

(6)

My/Our address for service in Zambia:

The Registrar of the Patents Tribunal,
Lusaka,
Zambia.
(6) To be
signed by
the
appellant(s)
or his/their
practitioner

Form D.T. No. 2
Section 39
Rule 4 (1)
THE REGISTERED DESIGNS ACT
Fee units: 8

APPLICATION FOR AN EXTENSION OF TIME IN WHICH TO APPEAL

IN THE MATTER of an application (1)

(1) State
nature of
application
or
proceedings,
the name of
the
applicants
(s) and the
number of
the
application
for
registration
of design

and

IN THE MATTER of an opposition by (2)

(2) State
the name of
the
opponent(s)
if the
application
is opposed

I/We (3)
of

hereby make application for an order of the Tribunal extending the time in which to appeal (3) State
the full
name and
address of
appellant(s)

from (4)
(4) Here
insert “the
decision”

or “that
part of the
decision”,
as the case
may be

of the Registrar of Designs on the following grounds (5)

Dated this day of ……………………………………., 19 ………….. (5) Here
state
briefly the
grounds
upon
which the
application
is based,
and where
facts are
alleged
such facts
shall be
verified by
affidavit

(6)

The Registrar of the Patents Tribunal,
Lusaka,
Zambia.
(6) To be
signed by
the
appellant(s)
or his/their
legal
practitioner

Form D.T. No. 3
Rule 9 (1)
THE REGISTERED DESIGNS ACT
Fee units: 12

NOTICE OF ABANDONMENT OF APPEAL

IN THE MATTER of an application (1)

(1) State
nature of
application
or
proceedings,
the name of
the
applicant(s)
and the
number of
the
application
for
registration
of design

and

IN THE MATTER of an opposition by (2)
you are hereby notified that the above-named appellant(s) hereby abandon(s) all further
proceedings in the above matter.
Dated this day of ……………………………………., 19 …………. (2) State
the name of
the
opponent(s)
if the
application
is opposed

(3)

The Registrar of the Patents Tribunal,
Lusaka,
Zambia.
(3) To be
signed by
the
appellant(s)
or his/their
legal
practitioner

Form D.T. No. 4
Section 21
Rule 11 (1)
THE REGISTERED DESIGNS ACT
Fee units: 12

REFERENCE TO THE TRIBUNAL UNDER SECTION 21 OF THE ACT

IN THE MATTER of a reference by (1)

(1) State
the name
of
claimant(s)
and nature
of matter
in dispute

against

(2)
(2) State
name of
other party
to dispute

I/We (3) (3) State
full name
and
address of
claimant(s)

hereby refer for the determination of the Tribunal my/our claim against (4)

The following are the grounds on which I/we base my/our claim: (4) State
full name
of
respondent

(5)

Dated this day of ……………………………………, 19 …………. (5) Here
state
briefly the
nature of
the
grounds

(6)

My/Our address for service in Zambia:

The Registrar,
The Designs Office,
Lusaka,
Zambia.
NOTE-The claim must be accompanied by an affidavit verifying the facts and stating fully
the nature of the interest in the matter in dispute and the relief sought.
(6) To be
signed by
the
claimant(s)
or his/their
legal
practitioner

Form D.T. No. 5
Section 24
Rule 12
THE REGISTERED DESIGNS ACT
Fee units: 4

APPLICATION FOR RECTIFICATION OF REGISTER OF DESIGNS

I/We (1)

hereby apply in respect of Design No. that the register (1) State
name and
address of
applicant(s)

may be rectified in the following manner (2)

The grounds upon which I/we base this application are as follows: (2) State
manner in
which
register is
to be
rectified

(3)

Dated this day of ……………………………………, 19 …………. (3) State
briefly the
grounds

(4)

My/Our address for service in Zambia:

The Registrar,
The Designs Office,
Lusaka,
Zambia.
(As amended by Act No. 13 of 1994) (4) To be
signed by
the
applicant(s)
or his/their
legal
practitioner

SECOND SCHEDULE
(Rules 18, 19, 26 and 29)

PRESCRIBED FEES

PART I

TRIBUNAL FEES
ITEM MATTER AMOUNT
FEE UNITS
1. On every appeal to the Tribunal from decision or order of the
Registrar of Designs-inclusive fee . . . . . . . . . . 75
2. On a reference to the Tribunal under section 21 . . . . . . 75
3. On application for rectification of register of designs . . . . . . 30
4. On every search . . . . . . . . . . . . . . 4
5. For typewritten copies of judgements or records, for additional
copies of orders or for copies of documents or proceedings
furnished upon direction of the registrar of the Tribunal:
The first copy for each folio of 100 words or part thereof . . . . 3
Additional copies for each folio of 100 words or part thereof . . 1
6. On certifying any document as an office copy . . . . . . 8
7. Transcript of shorthand writer’s notes . . . . . . . . Such fee as
may be
determined
by the
Minister

PART II

SUBSISTENCE AND TRAVELLING ALLOWANCES
PAYABLE TO WITNESSES
Witnesses attending the High Court shall be paid subsistence and travelling allowances at
the rates prescribed in Part III of the First Schedule to the Supreme Court Rules.

PART III

REMUNERATION OF ASSESSORS
An assessor shall be remunerated at the rate of K2.10 per hour or part thereof, but his
remuneration shall not exceed K10.50 per day, unless the Minister, with the approval of the
Minister responsible for finance, otherwise directs. An assessor shall in addition be paid a
travelling allowance at the rates prescribed in Part III of the First Schedule to the Supreme
Court Rules.

PART IV

LEGAL PRACTITIONERS’ FEES
Legal practitioners’ fees in any appeal, application, opposition or other matter heard before
the High Court shall be in accordance with the tariff of fees prescribed in Part II of the
Second Schedule to the Supreme Court Rules, save as hereinafter provided-
Persual of any necessary documents- Fee units
For the first 10 folios-per folio . . . . . . 4
For each subsequent folio . . . . . . . . 2
(As amended by Act No. 13 of 1994)

SECTION 38-REGISTERED DESIGNS (APPEALS)
RULES

Rules by the Chief Justice Statutory
Instrument
7 of 1984

1. These Rules may be cited as the Registered Designs (Appeals)
Rules. Title

2. Subject to any specific provisions of the Act, the High Court
(Appeals) (General) Rules, 1984, shall apply to any appeal to the High
Court brought pursuant to the provisions of the Act. Appeals to High
Court. S.I. No.
6 of 1984

3. Subject to any specific provisions of the Act, the Supreme Court
Rules shall apply to any appeal to the Supreme Court pursuant to the
provisions of the Act. Appeals to
Supreme Court.
Cap. 25

CHAPTER 403
THE WEIGHTS AND MEASURES ACT

ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY

Section
1. Short title
2. Interpretation

PART 1A
THE ZAMBIA WEIGHTS AND MEASURES AGENCY

2A. Establishment of Agency

2B. Functions of Agency

2C. Constitution of Board

2D. Director

2E. Secretary and other staff

2F. Duties of metrologists

PART II
STANDARD WEIGHTS AND MEASURES

3. Units of measurement
4. National standards
5. Periodic verification of National Standards
6. Custody of National Standards
7. Secondary standards
8. Working standards
9. Storage of standards

PART III
ADMINISTRATION
(Repealed by Act No. 12 of 2003)
10.
11.
12.
13.
14.

PART IV
TYPE APPROVAL AND VERIFICATION OF
WEIGHING AND MEASURING INSTRUMENTS

15. Certificate in respect of design or pattern of instruments, etc.
16. Assize of instruments
17. Re-assize of instruments
18. Verification of instruments

19. Rejection of certain instruments
20. Illegal stamping or sealing

PART V
SALE OF PACKAGED COMMODITIES AND USE OF
TRADE MEASURES

Section
21. Contracts to be made by reference to authorised units
22. Exceptions
23. Provision and operation of Assized instruments
24. Price lists, etc.
24A. Sale of Commodity by weight or net content

24B. Sale of prepackaged commodity by weight or measure
PART VI
OFFENCES AND PENALTIES

25. Prohibition of use of unapproved pattern of instrument
26. Forgery of stamps on instruments
26A. Prohibition of employment of foreign technician, fitter,
contractor etc.
27. Prohibition of use of certain instruments, etc.
28. Lawful use of certain unassized instruments
29. Use of false or unadjusted instruments
30. Sale of unstamped instruments
31. Fraud in use of instruments
32. False statements as to weight, measure, etc.
32A. Payment of fine without appearing in court
33. Sale by unauthorised denominations
34. Offences due to default of third party
35. General penalty
36. Offences by bodies corporate

PART VII
MISCELLANEOUS

37. Power of inspection and entry
38. Certificate of competence
39. Burden of proof
40. Recovery of fees
41. Evidence of possession
42. Judicial notice
43. Forfeiture
43A Vesting of assests of Assize Department
43B. Registration of property to be transferred by Government
43C. Legal Proceedings
43D. Terms of Service of employees of Department
44. Regulations
45. Repeal of Caps. 697, 710

SCHEDULES

FIRST SCHEDULE-Base units of S.I.

SECOND SCHEDULE-Supplementary units of S.I.

THIRD SCHEDULE-Derived units of S.I.

FOURTH SCHEDULE-Units used with International system

FIFTH SCHEDULE-S.I. prefixes of multiples and sub-multiples from
S.I. units

SIXTH SCHEDULE-Additional limits

SEVENTH SCHEDULE-Measurement of length, area volume,
capacity, weight and electricity

EIGHTH SCHEDULE-Physical weights and measures lawful for use in

trade

NINTH SCHEDULE-(1) Form A Certificate of verification of
Secondary Standards

TENTH SCHEDULE-Manner in which certain goods are to be sold

ELEVENTH SCHEDULE-Quantity in which certain goods are to be
sold

TWELFTH SCHEDULE-Goods requiring statement of weight or
measure

THIRTEEN SCHEDULE-The Zambia Weights And Measures Agency

CHAPTER 403
THE WEIGHTS AND MEASURES ACT Acts No.
22 of 1994
13 of 1994
12 of 2003

An 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]

PART I
PRELIMINARY

1. (1) This Act may be cited as the Weights and Measures Amendment)
Act, 2003 and shall be read as one with the Weights and Measures Act,
in this Act referred to as the principal Act.
(2) This Act shall come into operation on such date as the Minister may,
by Stautory instrument, appoint.
Short title and
commencemnet

2. (1) In this Act, unless the context otherwise requires-
“Agency” means the Zambia Weights and Measures Agency established
by section two A;
Interpretation
Cap. 416

“appointed date” means the date appointed by the Minister under section
one;
“assize”, means to examine, verify or test an instrument in accordance
with the provisions of this Act or any regulations made under this Act;
“authorised measure” means unit of weight, length, capacity or volume
referred to in section three;
“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;
“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;
(c) the registration and summation of loads;
(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 two C;
“Bureau of Weights and Measures” means the International Bureau of
Weights and Mearsures established under the Metre convention at
Sevres in France;
“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 two C;
“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;
“commodity” means goods for sale or goods which have been sold or are
being carried or delivered for sale;
“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 two D;
“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 metre convention;
“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;
“International System of Units” means the system of units referred to in
section three;
“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;
“licence” means a service licence issued under section thirty-eight;
“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 two C;
“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
two E;
“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;
“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-packed 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;
“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;
“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 Metre 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;
“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.
“standard” means an international standard, national standard,
secondary standard or working standard;
“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 Standrads Act, and cognate expressions shall
be construed accordingly;
“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;
“Zambia Bureau of Standards” means the Zambia Bureau of Standards established under
the Standards Act.
(Amended by Act No. 12 of 2003)

PART 1A

THE ZAMBIA WEIGHTS AND MEASURES AGENCY

2A. (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.
Establishment
of Agency

2B. 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 secobdary and working standards and
other measuring standards;

(c) verufy measuring instruments used in domestic and
international trade;

Fucntions of
Agency

(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) liase 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 licence 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.

2C. (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;

Constitution of
Board

(c) one representative from the Truckers Association;

(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 Chairpersonshall 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 amember of the Board if
the person-

(a) is an undischarged 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.

2D. (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.
Director

2E. (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.
Secretary and
other staff

2F. 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 equipmentbwhich may
be entrusted to the metrologist’s care;

(c) keep records and make such reports as the Director may
require;

(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 metrologist by this or any
other written law.
Duties of
metrologists

(Amended by Act No. 12 of 2003)

PART II
STANDARD WEIGHTS AND MEASURES

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

(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;

(c) the derived units set out in the Third Schedule; and

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

(2) Every standard referred to in subsection (1)-

(a) shall be of a donomination 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 litre 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

(c) multiples or sub-multiples of such a unit, or have no such
markings.

(4) Where a standard of weight or measure is about to be brought into
use in Zambia the Minister shall, on the reccomendation 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.

(4A) The standard of weight or measure referred to in subsection (4) shall, upon
publication, of the notice referred to in that subsection, become a national standard of
weight or measure and shall, for all purposes, be conclusively deemed to be true and
accurate.
(5) Every national standard shall be accompanied by a certificate of
calibration.

(Amended by Act No. 12 of 2003)
5. (1) The Agency shall at least once in every ten years cause every
national standard to be verified, and if necessary to be corrected and and
Periodic
verification of
national standards

adjusted or renewed.
(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.

(Amended by Act No. 12 of 2003)
6. The national standard shall be kept at a laboratory to be set up by the
Zambia Bureau of Standards.
Custody of
national standards

7. (1) The Director shall-
Secondary
standards

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

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

(c) cause the verified copies to be authenticated as secondary
standards.

(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 subsection (1) of section seven 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.

(Amended by Act No. 12 of 2003)
8. (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.
Working standards
(2) Once in every twelve months a Metrologist shall compare the
working standards, which have been in use during the past twelve
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.

(Amended by Act No. 12 of 2003)
9. The Director shall cause to be maintained such equipment for safe
storage of, and otherwise for use in connection with, standards.
(As amended by Act. No. 12 of 2003)
Storage of
standards

PART III
ADMINISTRATION

(Repealed by Act No. 12 of 2003)

PART IV
TYPE APPROVAL AND VERIFICATION OF
WEIGHING AND MEASURING INSTRUMENTS
(Amended by Act No. 12 of 2003)
15. (1) Any person may, on payment of the prescribed fee, make a
written application to the Director-
Certificate in
respect of design or
pattern of
instruments, etc.

(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 subsection (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 subsection (2) may be
issued, unless there is any feature of the present design or pattern which
would render it unsuitable for use in trade.
(As amended by Act. No. 12 of 2003)

16. 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.
Assize of
instruments

(As amended by Act. No. 12 of 2003)
17. (1) At least once in every twelve 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:
Re-assize of
instruments

Provided that there shall be an interval of at least fourteen days between
the date of publication of the notice and the last day on which the
instrument is to be produced.
(1A) Notwithstanding subsection (1), a Metrologist shall, subject to the
direction of the Agency, at least twice in every twelve months by notice
in writing request any person who has in their possession or charge any
fuel dispenser, bulkflow 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;
(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 subsection (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.
(3) A person on whom a notice has been served under sub-section (1) or
subsection (1A) who has-
(a) an instrument which:
(i) is fixed;
(ii) has a weighing capacity exceeding two hundred and fifty
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 subsection (1); or

(b) an instrument which is ordinarily kept at a place which is not
within forty kilometres 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
enamelled 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.
(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 aoart to enable the Metrologist to
examine it;
(b) provide auxillary 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.
(6) Where a Metrologist makes a request under subsection (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.

(As amended by Act No. 13 of 1994 and Act No. 12 of 2003)

18. 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.
Verification of
instruments

(As amended by Act. No. 12 of 2003)
19. (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
Rejection of
certain instruments

(c) issue to the person in charge of the instrument a written
statement to the effect that it has been rejected:
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.
(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 sna shall, before such instrument is used for trade, cause
it to be verified by a Metrologist within fourteen days of such mending
or repair.
(3) Where the Metrologist is unable to verify the repaired or mended
instrument submitted to the metrologist under subsection (2) within the
period sepcified in that subsection 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.
(4) The metrologist may, onapplication being made under subsection (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 twenty-one days pending
verification of such instrument.
(As amended by Act. No. 12 of 2003)
20. 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;
(c) which is not of the denomination of a weight or measure
specified in Eighth Schedule; or
(d) without testing it by comparison with the appropriate working
standards.
(As amended by Act. No. 12 of 2003)
Illegal stamping or
sealing

PART V
SALE OF PACKAGED COMMODITIES AND USE OF
TRADE MEASURES

21. (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.
Contracts to be
made by reference
to authorised units

(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.
(As amended by Act No. 13 of 1994)

22. Nothing in this Part shall apply to the sale of food for human
consumption on or at the premises of the seller:
Exceptions
Provided that the Director may, by order, vary the quantity of goods to
be sold.
(As amended by Act. No. 12 of 2003)
23. (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-
Provision and
operation of
calibrated
instrument

(a) provide an assized instrument capable of weighing or measuring
such commodity; and
(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 fifty kilograms in weight or
twenty-five litres 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.
(As amended by Act. No. 12 of 2003)
24. (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
Price lists, etc .

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.
(As amended by Act. No. 12 of 2003)
24A. (1) Subject to the provisions of this section a person who sells
any commodity by weight shall sell it by ne weight or net content.

(2) A person who sells any commodity referred to in subsection (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.
Sale of
commodity
by weight
or net
content

24B. (1) A person shall not sell any pre-packaged commodity
by wieght 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
subsection (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 twelve 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.

Sale of
prepackaged
commodity by
weight or
measure

(As amended by Act. No. 12 of 2003)

PART VI
OFFENCES AND PENALTIES

25. 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.
Prohibition of use of
unapproved pattern
of instrument

26. (1) Any person who, in the case of any instrument used or intended
to be used for trade-
Forgery of stamps on
instruments

(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;
(c) removes any stamp and inserts it into any other such instrument;
or
(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 twelve months, or to both.
(2) Paragraphs (a) and (b) of subsection (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
licence.
(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 twelve months, or to both.

(As amended by Act. No. 12 of 2003)
26A. Any person who employs a local or foreign technician, fitter or
cintractor, who does not have a service licence issued by the Director
under section thirty-eight, 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.
(As amended by Act No. 13 of 1994 and by Act. No. 12 of 2003))

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

27. (1) Any person who uses or has in his possession for use in trade
any instrument-
Prohibition of use of
certain instruments,
etc.

(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
(c) which is false or not correct, or which is not stamped with the
prescribed stamp or seal of assize;
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.
(As amended by Act No. 13 of 1994)

28. (1) Any person who has in his possession or charge for use in trade
any unassized instrument shall, without undue delay-
Lawful use of certain
unassized
instruments

(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 subsection (2).
(2) A Metrologist may, upon receipt of-
(a) the prescribed fee; and
(b) a written statement by the holder of a service licence that an
assized instrument is correct and assizeable,
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
subsection (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.
(As amended by Act. No. 12 of 2003)
29. 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.
(As amended by Act No. 13 of 1994)
Use of false or
unadjusted
instruments

30. (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:
Sale of unstamped
instruments

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”.
(As amended by Act No. 13 of 1994)

31. 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 twelve months imprisonment or both.
(As amended by Act No. 13 of 1994)
Fraud in use of
instruments

32. (1) Any person who, directly or indirectly-
False statements as to
weight, measure, etc.

(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 twelve months or to both.
(As amended by Act. No. 12 of 2003)

32A. (1) Where in respect of an offence under this Act-
(a) any person is infromed 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 subsection (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.
(As amended by Act No. 13 of 1994 and by Act. No. 12 of 2003)

Payment of fine
without appearing in
court

33. 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.
Sale by unauthorised
denominations

34. (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
Offences due to
default of third
party

provisions of this subsection, 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. (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-
General penalty
(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 twelve 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.
(As amended by Act No. 13 of 1994)

36. 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 know-ingly
authorised or permitted the act or omission constituting the offence.
Offences by bodies
corporate

PART VII
MISCELLANEOUS

37. (1) A Metrologist may at all reasonable times-
Power of inspection
and entry

(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;
(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.
(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

perfornance of functions under this section.
(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 subsection (v),
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 obstracts a Metrologist’s functions under this section; or
(c) impersonates a Metrologist;
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.
(As amended by Act No. 13 of 1994 and by Act. No. 12 of 2003)

38. (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 licence issued by the Superintendent Assizer authorising
such person to do so.
(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 licence issued by the Director.
Service Licence

(2) Every licence 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
(c) may contain such conditions and restrictions as may be
determined by the Director and specified in the licence.
(2A) Any person who contravenes subsection (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.
(As amended by Act. No. 12 of 2003)
39. (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.
Burden of proof
(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. The Attorney-General may by action in a court recover the amount
of a fee payable in terms of this Act.
Recovery of fees
41. 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.
Evidence of
possession

42. 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.
(As amended by Act. No. 12 of 2003)
Judicial notice
43. 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. (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-
Forfeiture

Vesting of assets of
Assize Department

(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
thereunder 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 subsection, have effect as from the date of the
asignment 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 subsection (2), documents, other than
those referred to therein, which refer specifically or generally to the
assize Department shall be construed in accordance with subsection (2)
as far as apllicable.
(As amended by Act. No. 12 of 2003)
43B. (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 repect of which transfer a written
law provides for registration, the Agency shall make an apllication in
writing to the appropriate authority for registration of the transfer.
(2) The registration authority referred to in subsection (1) shall make
such entries in the appropriate register as shall give effect to each
transfer and, where apllicable, issue to the trabsferee concerned a
certificate of title in respect of the property or make necessary
amendments to the register, as the case maybe, and shall make

Registration of
property to be
transferred by
Government

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.
(As amended by Act. No. 12 of 2003)
43C. (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 ascetaining,
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 rspect of the Assize Department may
be instituted by or against the Agency.
(As amended by Act. No. 12 of 2003)
43D. (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 perfomance 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 thirty-nine
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 subsection (2) shall be
retained by the Government and shall-
(a) be redeployed in the service of the Government; or

Legal Proceedings

Terms of service of
employees of
Department

Act No. 35 of 1996

(b) be retired under section thirty-nine of the Public Service Pensions
Act.

Act No. 35 of 1996
(As amended by Act. No. 12 of 2003)
44. 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.
Regulations
(As amended by Act. No. 12 of 2003)

FIRST SCHEDULE

BASE UNIT OF SI

The Base Units of the SI are defined as follows
Physical Name of Unit Definition
Quantity Unit Symbol
1. Length metre m The metre 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 kg 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, Scures, Paris, France.
3. Time Second S 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 A 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 metre apart in vacuum,
would produce between these conductors a force equal to 2 x
10 newton per metre.
5. Thermo- Kelvin k 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 cd 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 substanceof 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 Name of Unit Definition
quantity unit Symbol
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 lengthz to the radius.
2. Solid steradian sr 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 Nazme Symbol
Area Square metre m
2
Volume Cubic metre m 3
Speed Velocity metre per second m/s
Acceleration metre per second squared m/s
2
Wave number 1 per metre m -1
Density, mass kilogram per cubic metre kg/m 3
density
Specific volume cubic metre per kilogram m
3/kg
Current density ampere per square metre A/m
2
Magnetic field ampere per metre A/m
strength
Concentration
(of amount of
substance) mole per cubic metre mol/m
3
Luminance candela per square metre cd/m 2

(2) SI DERIVED UNITS WITH SPECIAL NAMES

Quantity Name Symbol Expression Expression
of in terms of in terms of
Units other SI Units SI base
Frequency hertz Hz S
-1
Force newtor N m kg S -2
Pressure
Stress pascal pa N/m2 m
-1 kg S -2
Energy work
quantity of
heat Double J Nm m
2 kg S -2
Power,
radiant,
flux watt W J/S m
2 kg S 3
Electric

charge
quantity of
electricity coulomb C SA
Electric
potential
difference,
electro-
motive
force Volt V W/A m
2 kg S -3 A -1
Capacitance farad F C/V m 2 kg s -1 S4A2
Electric
resistance ohm V/A m
2 kg s -3 A -2
Electric
Conductance siemes S A/V m
-2 kg -1 s3 A 2
Magnetic
flux weber Wb V/s m
2 kg s -2 A -1
Magnetic
flux tesla T Wb/m2 kg s
-2 A -1
Inductance henry H Wb/A m2
kg s-2
A-2
Celsius
temperature degree degreeC K
Luminous
flux lumen lm cd sr (b)
Illuminance lux lx lm/m2 m-2
cd sr (b)
Activity (of
a radio-
nuclide) becquerel Bq s-1
Absorbed dose,
specific
energy grey Gy J/kg m2
s-2
Imparted,
kerma
absorbed
dose index
dose
equivalent
index sievert Sv 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 m-1
kg s-1
Moment of
force newton metre Nm m2
kg s-2
Surface
tension newton per metre Nm kg s-2
Heat flux
density, watt per square
irradiance metre W/m2 kg s-3
Heat capacity,
entropy joule per kelvin J/K m2
kg s-2
K-1
Specific head
capacity,
specific joule per kilogram
entropy kelvin J/(kg K) m2
s-2
K-1
Specific
energy joule per kilogram J/kg m2
s-2
Thermal watt per metre
conductivity kelvin W/(mK) m kg s-3
K-1
Energy joule per cubic
density metre J/m3 m-1
kg s-2
Electric field
strength volt per metre V/m m kg s-3
A-1
Electric
charge coulomb per cubic
density metre C/m3 m-3
s A
Electric flux coulomb per metre
density square C/m m-2
s A
Permittivity farad per metre F/m m-3
kg-1
s4
A2
Permeability henry per metre H/m m kg s-2
A-2
Molar energy joule per mole J/mol m2
kg s-2
mol-1
Molar
entropy, joule per mole
molar heat 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 radian per second
acceleration squared rad/s2
Radiant density watt per steradian W/sr
Radiance watt per square metre
Electric steradian W m-2
sr-1

(5) SI UNITS TEMPORARY ACCEPTED

Name Symbol Approximate Value
Angstrom Ao 1A degree = 1010
m
Barn b 1b = 10-28
m
Curie ci 1ci = 3.7 x 10-10
s-1
(exactly)
Gal Gal 1Gal = 10-10
m s-2
Metric Carat CM 1CM = 2 x 10-4
kg
Rad rd 1rd = 10-2
J kg-1
Roentgen R 1R = 2.58 x 10-4
C kg-1
Quintal q 1q = 100 kg
Standard atmosphere atm 1 atm = 101 325 pa
Are a 1 a = 1 dam2 = 102 m2
Hectare ha 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 eV 1.602 19 x 10-19
J
Unifical atomic mass u 1.660 57 x 10-27
kg
Astronomical unit AU 1AU = 149 597 870 x 106m
Parsec pc 1 pc = 206 265 AU = 30857 x 1012m

FIFTH SCHEDULE

SI prefixes for multiples and sub-multiples
Factor Prefix Symbol
1018
cxa E
1015
peta P
Factor Prefix Symbol
1012
tera T
109
giga G
106
mega M
103
kilo k
102
hecto h
101
deca da
10-1
deci d
10-2
centi c
10-3
milli m
10-6
micro m
10-9
nano n
10-12
pico p
10-15
femto f
10-18
atto a
* Not applicable to the base unit “kilogram” but applicable to the thousandth submultiple
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 Name of Symbol Definition
Quantity Unit
1. Time Minute min 1 min = 60s
Hour h 1h = 60 min
Day dy 1d = 24h
Week wk 1wk = 7d
Calendar
year yr 1 yr = 365 dys or
366 (leap yr)
2. Plane angle Degree 0 1 degree = (II/180) radian
minute ‘ 1 minute = (1/60) degree
second ” 1 inch = (1/60) minute
3. Volume or litre 1 11 = 1 dm3
capacity
4. Mass tonne t 1t = 1000 kg
5. Pressure bar 1bar = 100, 000 pa
Standard atm 1 atm = 101325 pa
atmosphere
6. Area are a 1 are = 100m2
hectare ha 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

Kilometre – 1000 metres
Metre – as defined in the First Schedule
Decimetre – 1/10 metre
Centimetre – 1/100 metre
Millimetre – 1/1000 metre

PART II

MEASUREMENT OF AREA

Hectare – 100 are
Decare – 10 are
Are – 100 square metres
Square metre – a superficial area equal to that of a square each
side of which measures one metre

PART III

MEASUREMENT OF VOLUME

Cubic metre – A volume equal to that of a cube each edge of
which measures one metre
Cubic decimetre – 1/1000 cubic metre
Cubic centimetre – 1/1,000,000 cubic metre

PART IV

MEASUREMENT OF CAPACITY

Litre – The capacity equal to that of a cube each edge
of which measures one decimetre
Decilitre – 1/10 litre
Centilitre – 1/100 litre
Millilitre – 1/1000 litre

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 resistence);
(c) The Volt (as the unit of measurement of electrical potential); and
(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 litres 5 litres 2.5 litres
2 litres 1 litre 500 millilitres

250 millilitres 100 litres 50 millitres
25 millitres 20 millilitres 10 millilitres
5 millilitres 1 millilitre
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 metres 30 metres 20 metres
10 metres 5 metres 3 metres
2 metres 1.5 metres 1 metre
0.5 metre 0.1 metre 0.01 metre
5. Square measures of, or any multiple of, 1 square decimetre
6. Cubic measures of, or any multiple of, 0.1 cubic metre

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 ……….19 ……..
……………………………………………………………………..
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 litres).
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 litre).
3. Edible oil (not exceeding 1 litre).

4. Intoxicating drinks.
5. Liquid fuel excluding liquid petroleum gas; lubricating oil (not exceeding 20 litres);
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 litres).
9. Milk (not exceeding 5 litres).
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 litres).
4. Maize grain.
5. Milk (exceeding 5 litres).
6. Paint, varnish lacquer and paint remover.
7. Sand and ballast.
8. Stainers.
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 Quantity when packed
in rigid containers of in containers other
glass, plastic or metal than rigid containers of
glass, plastic or metal
1. Bacon and 100g, 200g, 250g, 300g 100g, 200g,
250g, 300g
sausage 400g, 500g, 1kg, there- 400g, 500g, 1kg there-
after by steps of 1kg. after by steps of 1kg.
2. Barley – 100g, 200g, 250g, 300g
400g, 500g, 1kg, there-
after by steps of 1kg.
3. Beans, 250g, 500g, 1kg, there- 250g, 500g,
1kg, there-
peas after by steps of 1kg after by steps of 1kg
up to 10kg. up to 10kg.
4. Beer 250ml, 300ml, 375ml, –
400ml, 500ml, 600ml,
750ml.
5. Biscuits 50g, 100g, 150g, 200g, 50g, 100g,
150g, 200g
300g, 400g, 500g, 1kg, 300g, 400g, 500g, 1kg,
thereafter by steps of thereafter by steps of
500g. 500g.
6. Butter 100g, 200g, 250g, 300g, 250g,
500g, 1kg
400g, 500g, 1kg, there-
after by steps of 1kg.
7. Cashew nuts – 80kg
(in shell)
8. Cassava flour – 500g, 1kg, 2kg, 4kg,
5kg, 60kg.
9. Castor oil 100ml, then by multi- 100ml, then by
steps
ples of 100ml to of 100ml to 1 litre.
1 litre thereafter by
steps of 1 litre.

10. Castor seed – 65kg
11. Cement – 50kg
12. Coffee, tea 50g, 100g, 250g, 500g, 50g, 100g,
250g, 500g,
(other than 1kg, thereafter by 1kg, thereafter by
tea in steps of 1kg. steps of 1kg.
chests), cocoa
powder,
chicory
mixture
13. Cooking fat 100g, 250g, 500g, 1kg, 100g, 250g,
500g, 1kg,
including thereafter by steps thereafter by steps
dripping, of 1kg. of 1kg.
lard and
shredded suet.
14. Custard 50g, 100g, 250g, 500g, 50g, 100g, 250,
500g,
powder 1kg, thereafter by steps 1kg, thereafter by steps
of 1kg. of 1kg.
15. Charcoal – 30kg.
16. Cream (not 100ml, 200ml, 300ml 100ml, 200ml,
300ml,
exceeding 1 400ml, 500ml, 1 litre 400ml, 500ml, 1 litre.
litre)
17. Edible oil 100ml, thereafter by 100ml,
thereafter by
steps of 100ml up to steps of 100ml to 1
1 litre; 2 litres, litre.
2.5 litres; 3 litres,
thereafter by steps of
1 litre.
18. Flour of oats, 100g, 250g, 500g, 1kg, 100g, 250g,
500g, 1kg,
rice, beans, thereafter by steps thereafter by steps
self-raising of 1kg. of 1kg.
flour
19. Ghee 500kg, 1kg, 2kg, 3kg, 500g, 1kg,
4kg, 18kg.
20. Jam, 100g, 200g, 250g, 300g,
marmalade 400g, 500g, 1kg, there-
honey, jelly after by steps of 1kg.

21. Liquid fuel 250ml, 500ml, 1 litre,
then by steps of 5
litres to 100 litres;
thereafter by steps of
10 litres.
22. Liquid 250g, 500g, 1 litre
fungicides thereafter by steps of
and liquid 1 litre.
insecticides
23. Liquid polish 100ml, then by steps
of 100ml up to 500ml,
thereafter by steps of
1 litre.
24. Liquid soap; 100ml, then by steps
liquid of 100ml up to 500ml, 1
detergents litre, thereafter by
(not exceed- steps of 1 litre, 20kg
ing 5 litres) in 20 litre tin,
thereafter by steps of
10kg.
25. Lubricating 250 ml, 500ml, 1 litre and
oil, exclud- thereafter by steps of
ing grease 1 litre to 5 litres, 10
(not exceed- litres, 15 litres, 20
ing 20 litres) litres.
26. (a) Maize – 1kg, thereafter by
steps of 1 kg up to
10kg, 25kg, 50kg, 90kg.
(b) Maize – 1kg, thereafter by
grain steps of 1kg up to
10kg, 20kg, 25kg,
50kg, 90kg.
(c) Maize – 50kg, thereafter by
bram steps of 5kg.
27. Margarine 100g, 250g, 500g, 1kg 100g, 250g,
500g, 1kg.
and and thereafter by
mixture of steps of 1kg to 5kg,
margarine 20kg, 180kg.
and butter
28. Milk (not 100ml, 200ml, 250ml, 100ml, 200ml,
250ml,

exceeding 500ml, 1 litre, 500ml, 1 litre
5 litres thereafter by steps thereafter by steps
excluding of 1 litre except of 1 litre.
evaporated tinned milk in 100ml,
unsweetened 200ml, 300ml, 400ml,
condensed 500ml.
milk
29. Milk powder 100g, 250g, 500g, 1kg, 100g, 250g,
500g, 1kg,
including thereafter by steps thereafter by steps
milk food of 1kg. of 1kg.
and milk food
substitutes
for feeding
infants
30. Millet, – 90kg.
Sorghum,
groundnuts
31. Molasses, 100g, 200g, 300g, 400g,
treacle and 500g, 1kg, thereafter
syrup by steps of 1kg.
32. Paint and 125ml, 250ml, 500ml,
distemper 1 litre, 2 litres,
2.5 litres, 5 litres,
20 litres.
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 100ml thereafter by
and mineral steps of 10ml to 1 litre
waters
39. Shoe polish 15ml, 30ml, 40ml, 100ml.
40. Solid polish 15g, 20g, 40g, 100g,
(other than then steps of 100g to
shoe polish) 1 kg thereafter by steps
of 1 kg.
41. Spices 5g, 10g, 20g, 30g, 5g, 10g, 20g,
30g,
40g, 50g, 60g, 100g, 40g, 50g, 60g, 100g,
200g, 300g, 400g, 200g, 300g, 400g,
500g, 1kg, thereafter 500g, 1kg, thereafter
by steps of 1kg. by steps of 1kg.
42. Squashes and 100ml thereafter by 100ml
thereafter by
fruit juices steps of 10ml up to steps of 10ml up to 1 litre.
1 litre. Multiples Multiples of 1 litre.
of 1 litre.
43. Stout 250ml, 300ml, 500ml, 750ml. –
44. Sweets (sugar 100g, 250g, 500g, 1kg, there- 100g,
250g, 500g, 1kg,
confectionery). 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 – 250g, 500g, 1kg,
and wheat thereafter by steps
grain of 1kg to 10kg; 20kg,
50kg, 90kg.
49. Wheat – 50kg thereafter by steps
pollard of 25kg.
50. Bread in any – 100g, 250, 500g,
form 800g, 1kg.

51. Opaque beer – 500ml, 1 litre, 2
(Chibuku) litres, 2.5 litres,
5 litres, 10 litres,
20 litres.
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 litre).
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 litres).
32. Liquid polish.
33. Lubricating oil excluding grease (not exceeding 20 litres).

34. (a) Maize flour.
(b) Maize grain.
(c) Maize bran.
35. Margarine and mixture of butter and margarine.
36. Milk (not exceeding 5 litres) 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.

APPENDIX
(Section 25)

THIRTEENTH SCHEDULE
(Section 24)

PART I
THE ZAMBIA WEIGHTS AND MEASURES
AGENCY

1. (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. (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
Seal of Agency

Tenure of
office and
vacancy

three consecutive meetings of the Board of which the member
has had notice;

(c) on ceasing to be a representative of the organisation which
nominated the member;

(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. 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. (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
fourteen days, call a meeting of the Board and shall call a special
meeting to be held within fourteen 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 subsection (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

Filling of casual
vacancy

Proceedings of
Board

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. (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. 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. (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 subsection (1) shall be
recorded in the minutes of the meeting at which it is made.

8. (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
subparagraph (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.

Committees of
Board

Allowances for
members

Disclosure of
interest

Prohibition of
disclosure of
information

PART II
FINANCIAL PROVISIONS

9. (1) The funds of the Agency shall consist of such moneys 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 fees, levy, loans, grants or
donations; and

(c) vest in or accrue to the Agency.

(2) The Agency may-

(a) accept moneys by way of grants donations from any source
in Zambia and subject to the approval of the Minister, from any
source outside Zambia; and

(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.

(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

(c) any other expenses incurred by the Agency in the
performance of its functions.

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

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

(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. (1) As soon as practicable, but not later than ninety 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 subsection (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

(c) such other information as the Minister may require.

(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 subparagraph (1), lay the report before the
National Assembly.

Financial year

Accounts

Annual report

SUBSIDIARY LEGISLATION

WEIGHTS AND MEASURES
THE WEIGHTS AND MEASURES (ASSIZE)
REGULATIONS [ARRANGEMENT OF REGULATIONS]

PART I
PRELIMINARY

Regulation
1. Title
2. Interpretation

PART II
GENERAL

3. Exemptions from the Act
4. Stamp of assize
5. Seal of assize
6. Rejection mark
7. Marking of capacity or denomination
8. Graduations
9. Improper use of instruments, weights or measures
10. Conditions for refusal to assize

PART III
WEIGHING INSTRUMENTS

11. Testing of weighing instruments
12. Limits of error and sensitiveness
13. Poises
14. Counterpoise weights
15. Knife edges and bearings
16. Balance
17. Automatic weighing machines
18. Beam scales
19. Counter machines
20. Crane machines
21. Deadweight machines
22. Platform machines and weighbridges
23. Self-indicating weighing instruments
24. Spring balances
25. Steelyards and wall beams

PART IV
WEIGHTS

26. Weights
27. Weights not assizable

PART V
MEASURES

28. Dry measures of capacity
29. Liquid measures of capacity
30. Measures of length
31. Vehicle tanks

PART VI
MEASURING INSTRUMENTS

32. Bulk flowmeters
33. Fabric-measuring instruments
34. Liquid measuring devices
35. Petrol pumps
36. Automatic measuring instruments

FIRST SCHEDULE-Tables showing limits of error and sensitiveness:

Table I Beam scales-Class 1

Table II Beam scales-Class 2

Table III Beam scales-Class 3

Table IV Counter machines

Table V Crane machines and weighbridges

Table VI Deadweight machines

Table VII Platform machines, bench platform machines, dormant
platform machines, steelyards and wall beams

Table VIII Weights

Table IX Metric carat weights

Table X Measures of length

Table XI Measures of capacity

Table XII Graduated glass measures

SECOND SCHEDULE-Abbreviations of denominations

THIRD SCHEDULE-Denominations of masses and measures which are
permitted for use in trade:

Part I Masses

Part II Measures

SECTION 27-THE WEIGHTS AND MEASURES
(ASSIZE)
REGULATIONS*
Regulations by the Minister
*These Regulations are continued in operation by virtue of section 15 of the
Interpretation and General Provisions Act (Cap. 2). Reference to a Section of
an Act in these regulations means reference to the Repealed Act.
Statutory
Instrument
175 of
1971

PART I
PRELIMINARY

1. These Regulations may be cited as the Weights and Measures
(Assize) Regulations. Title

2. In these Regulations, unless the context otherwise requires- Interpretation

“approved” means approved by the Minister;

“assize” includes to re-assize;

“automatic measuring instrument” means a measuring instrument for
the automatic measuring and filling of liquids into containers;

“automatic weighing machine” means a weighing instrument in which
special self-acting machinery is used to effect all or some of the
following:

(a) an automatic feed;

(b) the rapid weighing of pre-determined quantities;

(c) the registration and summation of loads;

or other similar purposes;

“beam scale” means an equal-armed weighing instrument, the pans of
which are below the beam;

“bulk flowmeter” means a measuring instrument designed to measure
liquid for individual deliveries of 500 litres or more, whether or not
individual deliveries of less than 500 litres may also be made by means
of the same instrument;

“capacity” means-

(a) in relation to a weighing instrument, the maximum load which it
is constructed to weigh as marked on such instrument in accordance
with the provisions of regulation 7;

(b) in relation to a measure or measuring instrument, the maximum
volume, quantity or length which it is constructed to contain or measure,
as the case may be;

“compartment”, in relation to a vehicle tank, means a subdivided portion
of that tank;
*These Regulations are continued in operation by virtue of section 15 of
the Interpretation and General Provisions Act (Cap. 2). Reference to a
Section of an Act in these regulations means reference to the Repealed
Act.

“counter machine” means an equal-armed weighing instrument of a
capacity not exceeding 30 kg, the pans of which are above the beam;

“crane machine” means-

(a) a suspended unequal-armed compound lever weighing
instrument fitted with a loadhook suspended from knife edges, and
provided with poises moving over graduated scales to indicate weight;

or

(b) a suspended self-indicating hydraulic or spring-actuated
weighing instrument;

which has a capacity of not less than 1,000 kg;

“deadweight machine” means an equal-armed weighing instrument of a
capacity exceeding 50 kg, the pans or platform of which are above the
beam;

“difference chart”, in relation to a weighing instrument, means a chart
on which, by means of a pointer or other indicator, excess or deficiency
from a pre-determined weight is indicated;

“error”, in relation to an instrument, means the extent to which such
instrument indicates in excess or deficiency of standard weight or
measure;

“fabric-measuring instrument” means a measuring instrument designed
and constructed to measure and to indicate the length of fabric or other
material passed through it;

“liquid measuring device” means a measuring instrument provided with
a measuring chamber or chambers designed for filling barrels, bottles,
drums or other containers with pre-determined quantities of liquid or for
dispensing liquids in small quantities from bulk;

“petrol pump” means a measuring instrument provided with either a
meter or one or more measuring chambers, designed to measure liquid
fuel or lubricating oil for individual deliveries of less than 500 litres,
whether or not individual deliveries of more than 500 litres can also be
made by means of the same instrument;

“platform machine” means an instrument other than a weighbridge used
for determining the mass of a load supported on a platform not
exceeding 3 m by 2 m in size and 5,000 kg load capacity, and shall
include any instrument prescribed by the Minister as a platform
machine;

“repaired”, in relation to an instrument, means that the instrument has,
since it was last assized, had an addition, replacement, repair or

adjustment made to a part which is essential to the use of such
instrument;

“self-indicating weighing instrument” means a weighing instrument
other than a spring balance on which the whole or a part of the weight of
the goods weighed is indicated by means of a pointer moving over a
chart, or by means of a chart moving in relation to a fixed pointer, and
shall include any instrument prescribed by the Minister as a
self-indicating weighing instrument;

“sensitiveness”, in relation to a weighing instrument, means the actual
weight which causes the beam or steelyard to turn;

“spring balance” means a weighing instrument having a capacity of less
than 1,000 kg in which weight indications are dependent on the
extension of springs and which is so constructed that the load is below
the springs and is suspended directly from them;

“steelyard” means-

(a) a suspended unequal-armed single-lever weighing instrument,
the shorter arm of which carries a loadhook suspended from knife edges,
whilst the longer arm is provided with a poise moving over a graduated
scale to indicate weight;

(b) a steelyard provided on a platform machine, weighbridge or
other similar weighing instrument;

as the context requires;

“Table” means the appropriate table of allowances prescribed in the
First Schedule;

“vehicle tank” means a measure mounted on a motor vehicle or trailer
and used for the measurement of liquid fuel;

“vibrating weighing instrument” means a weighing instrument so
constructed that the beam or steelyard returns to or oscillates about the
position of equilibrium when disturbed therefrom;

“wall beam” means an unequal-armed multi-lever weighing instrument

designed to be affixed to a wall, having a loadhook suspended from
knife edges on the lower lever, and provided with poises moving over
graduated scales to indicate weight;

“weighbridge” means an instrument for determining the mass of a load
carried by a vehicle for transport on a highway or railway, such load and
vehicle being supported on a platform, or on rails fitted to a system of
levers or load cells and indicating the mass by means of a steelyard, a
spring or pendulum device or a digital counter, or printing mechanism
which may be supplemented by a remote read-out or print-out
mechanism in addition to any indicator at the actual weighbridge site,
and shall include any instrument prescribed by the Minister as a
weighbridge.

PART II
GENERAL

3. The provisions of the Act shall not apply to-
(a) electricity meters;
(b) gas meters;
(c) taxi-meters;
(d) water meters;
(e) instruments used for grading or testing agricultural produce by
weight. Exemptions
from the Act

4. The stamp of assize shall be a stamp incorporating the eagle of the
Armorial Ensigns of Zambia, the letters “GRZ” and a stamp bearing a
number signifying the year of assize. Stamp of assize

5. (1) The seal of assize shall be a lead seal bearing a stamp
incorporating the eagle of the Armorial Ensigns of Zambia, the letters
“GRZ” and a letter of the alphabet. Seal of assize

(2) Where use is made of a seal or seals of assize in terms of these
Regulations, the removal of any such seal from an assized instrument
shall be deemed to render that instrument unassized.

6. (1) The rejection mark shall be a mark of six-pointed star design. Rejection mark

(2) For the purposes of section fourteen of the Act, an assizer shall
reject an instrument, weight or measure-

(a) if such instrument, weight or measure bears a stamp of assize, by
obliterating such stamp with a rejection mark;

(b) if such instrument, weight or measure does not bear a stamp of
assize, by stamping the rejection mark in a suitable position thereon;

(c) if such instrument bears a seal of assize, by the removal or
defacing of such seal.

7. (1) The capacity of a weighing instrument shall be clearly and
conspicuously stamped on the beam or steelyard or on a metal plate
permanently secured to some prominent part of the instrument. Marking of
capacity or
denomination

(2) The capacity of a fabric-measuring instrument shall be clearly and
conspicuously stamped thereon.

(3) The denomination of a weight shall, except where the small size of it
renders it impracticable, be clearly and conspicuously stamped on an
upper surface of the weight.

(4) The capacity of a measure shall, unless otherwise prescribed, be
clearly and conspicuously stamped on the outside of the measure or on a
metal plate permanently secured thereto.

(5) When an instrument, weight or measure is marked with its capacity
or denomination, as the case may be, the denomination of weight or
measure shall be stated in full or, in respect of a denomination specified
in the first column of the Second Schedule, in full or in the abbreviated
form specified opposite thereto in the second column of the Second
Schedule.

8. (1) The graduations on an instrument or measure shall- Graduations

(a) be indelible, clear, distinct and legible;

(b) except in respect of a graduated glass measure, be uniformly
spaced;

(c) in the case of denominated graduations, be distinguished by
longer lines than the intermediate graduations.

(2) The graduations on a steelyard shall-

(a) consist of notches or incised or embossed lines so defined that
the position of the poise with respect thereto is clearly indicated;

(b) be cut, incised or embossed in one plane, at right angles to the
steelyard and parallel to each other.

9. (1) No person shall use in trade an instrument which is erected or
placed upon an unsuitable or insufficiently strong or stable base or
foundation. Improper use of
instruments,
weights or
measures

(2) No person shall use in trade a platform machine or weighbridge to
ascertain the weight of any vehicle or other article unless such
instrument-

(a) has a platform or platforms or a rail or rails, as the case may be,
of sufficient size to support completely such vehicle or other article; and

(b) is of sufficient capacity to permit of the weighing of such vehicle
or other article when so supported on the platform or platforms, or rail or
rails, as the case may be:

Provided that nothing shall prevent the use of any weighbridge to
weigh one or more axles of a vehicle for the purposes of administering
any law relating to road traffic.

(3) A person shall not use a counter machine or a self-indicating

weighing instrument provided with a sliding or tare weight otherwise
than for factory use.

(4) A person shall not use in trade a spring balance which is not of a
type approved in accordance with section twelve of the Act.

(5) Where a person uses in trade a dry measure of capacity for the
measurement of any article, he shall ensure that the article is neither
heaped nor pressed in the measure, but is level with the brim.

(6) Where two or more measures of length are attached to a counter, no
person shall use in trade such measures unless they are contiguous or are
not less than one metre apart.

(7) Where a person in a shop or other place sells by retail by weight any
article which is weighed in the sight and presence of the purchaser and
delivered to him immediately thereafter, he shall use for such weighing
a weighing instrument which is so sited that the weighing and the weight
indicated by the instrument are clearly visible to the purchaser at all
times.

(8) No person shall use in trade, for the sale of liquid fuel, a bulk
flowmeter for other than the liquid indicated thereon in accordance with
regulation 32 (1) (f):

Provided that a bulk flowmeter marked “C” or “Diesel” may be used for
paraffin or petrol or a prescribed liquid and a bulk flowmeter marked
“B” or “Paraffin” may be used for petrol or a prescribed liquid.

(9) No person shall use or keep for use in trade any type of instrument
made or sold for domestic, educational or health purposes and all such
instruments imported into, manufactured or assembled in, Zambia shall
be clearly marked “ILLEGAL FOR USE IN TRADE”.

(10) No person shall supply any new or repaired instrument unless it has
been assized:

Provided that any instrument which cannot be assized for any reason

shall be clearly marked “ILLEGAL FOR USE IN TRADE”.

10. (1) An assizer shall refuse to assize an instrument, weight or
measure which- Conditions for
refusal to assize

(a) is not properly constructed or when, in his opinion, its material
or mode of construction or any part thereof or its nature or condition
appears likely to render it unsuitable for use in trade;

(b) has unusual or novel features, unless it is of a design or pattern in
respect of which a certificate has been issued in terms of section twelve
of the Act;

(c) is not sufficiently strong to withstand the wear and tear of
ordinary use in trade;

(d) is not complete in itself;

(e) is not in a clean state;

(f) bears a manufacturer’s or other mark which might be mistaken
for the stamp of assize.

(2) An assizer shall refuse to assize an instrument which-

(a) has interchangeable or reversible parts, unless the interchange or
reversal does not affect the accuracy of the instrument;

(b) has removable parts, the removal of which would affect the
accuracy of the instrument, unless the parts are such that the instrument
cannot be used without them.

(3) An assizer shall refuse to assize a weighing instrument which-

(a) has a scoop, pan, plate or other part which is essential to its
operation broken;

(b) has a scoop, pan or plate of such size or shape as may lead to
incorrect weighing either through its fouling the housing of the scale, or

because proper contact between the knife edge and bearings is
disturbed;

(c) has a goods-plate which is readily absorbent on account of faulty
glazing or on account of the extent to which it is cracked or chipped;

(d) has a friction plate, stay, hook or loop which is not of hardened
steel or an approved material;

(e) has packing at the knife edges which, in the opinion of the
assizer, is either excessive as to the number of pieces or is in other
respects unsuitable for the purpose.

(4) An assizer shall refuse to assize an accelerating weighing
instrument, other than an accelerating deadweight machine.

(5) An assizer shall refuse to assize-

(a) a petrol pump driven by means of an electric motor unless the
supply of electricity to such motor is controlled by switches, fuses or
cut-out devices isolated from the pump and locked securely to prevent
unauthorised use or interference;

(b) a bulk flowmeter fitted with gravity and power delivery systems
if the change-over valve leaks any quantity in excess of 0.5 litre when
set in any position.

(6) An assizer shall refuse to assize and on inspection shall reject any
instrument alleged to conform to an international specification until
such specification is approved.

PART III
WEIGHING INSTRUMENTS

11. (1) Subject to the provisions of this regulation, a weighing
instrument shall be tested by the direct application of standard weights. Testing of
weighing
instruments

(2) An automatic weighing machine shall be tested-

(a) where practicable, by the direct application of standard weights;
and

(b) by comparing the load delivered against standard weights.

(3) Subject to the provisions of sub-regulation (5), a weighbridge shall
be tested by the direct application-

(a) of standard weights; or

(b) of test weights provided by the owners, contractors or the
Government.

(4) Subject to the provisions of sub-regulation (5), a weighing
instrument kept in stock for sale which is tested on the premises of a
dealer in or repairer of scales shall be tested by the direct application-

(a) of standard weights; or

(b) of test weights provided by the dealer or repairer, as the case
may be.

(5) When a weighing instrument is tested and sufficient standard or test
weights are not available, auxiliary material may be used to make
weight.

12. (1) A weighing instrument shall be tested for error by ascertaining
the weight required to overcome the error in that instrument. Limits of error
and
sensitiveness

(2) A vibrating weighing instrument shall be tested for sensitiveness by
loading the instrument to its capacity, or as near thereto as is practicable,
with the beam or steelyard in a horizontal position and ascertaining that
the addition of the amount shown in the appropriate table for an
instrument of that class and capacity causes the beam or steelyard to

turn.

(3) An accelerating deadweight machine shall be tested for acceleration
by loading the instrument to its capacity, or as near thereto as is
practicable, with the beam at the extremity of its travel, and ascertaining
that the subtraction of the amount shown in the third column of Table VI
for an instrument of that capacity causes the beam to return to its initial
position.

(4) The limit of error allowed and the sensitiveness required in a
weighing instrument of a particular class shall be-

(a) in the case of a new or repaired instrument, the appropriate limit
of error and sensitiveness prescribed in this Part;

(b) in the case of a weighing instrument, other than an automatic
weighing or measuring instrument, which is not new or repaired, twice
the appropriate limit of error and sensitiveness prescribed in this Part.

(5) The limit of error allowed and the sensitiveness required in a
weighing instrument of a capacity not specified in the appropriate table
shall be the limit of error and the sensitiveness which bear the same
proportion to the capacity of that instrument as the limits of error and
sensitiveness for a similar instrument of the next lower capacity
specified in the table bear to the capacity of such latter instrument.

(6) Where a weighing instrument is tested at graduations below the
capacity of that instrument, the limit of error allowed shall be-

(a) below one-quarter of the capacity, one-quarter of the prescribed
limit of error;

(b) one-quarter of the capacity or over but not exceeding
three-quarters of the capacity, one-half of the prescribed limit of error;

(c) above three-quarters of the capacity, the prescribed limit of
error.

13. (1) Where lead is used for adjusting purposes on any poise, it shall Poises

not come into contact with the beam or steelyard.

(2) A poise shall be provided with an adjusting hole of such size, shape
and design as to permit readily of necessary adjustment.

(3) A poise shall be so constructed that no part thereof can be detached
without the use of a mechanical appliance.

14. (1) A counterpoise weight shall be marked in equivalents of 5 kg,
10 kg, 20 kg, 25 kg, 50 kg, or 100 kg. Counterpoise
weights

(2) A counterpoise weight used, or intended for use, on a platform
machine used for weighing corrosive articles, including hides and skins,
shall be made of brass, nickel-steel, or other corrosion-resisting metal.

(3) A counterpoise weight shall have only one undercut adjusting hole
containing fixed lead sufficient to cover adequately the bottom of such
hole, and with room to permit future adjustments.

(4) A counterpoise weight of an actual weight of 100 grams or less shall
be made of brass.

(5) Subject to the provisions of sub-regulation (6), where more than one
platform machine, provided with counterpoise weights, is kept or used
by any person on any premises or on a public market, each such
counterpoise weight shall be identified with the weighing instrument to
which it belongs by-

(a) a number conspicuously and indelibly marked and
corresponding to a number similarly marked on the pillar and on the
counterbalance of the instrument; or

(b) a band of paint, of a colour in distinct contrast to the colour of the
weight, on the edge of the weight, corresponding to a band of paint of
the same colour on the pillar and on the counterbalance of the
instrument.

(6) The provisions of sub-regulation (5) shall not apply to any

counterpoise weight adjusted to a ratio of 50:1 or 100:1 precisely.

(7) A counterpoise weight of metric denomination shall be distinctly
different from any other counterpoise weights in shape or in colour.

15. (1) Knife edges shall- Knife edges and
bearings

(a) be firmly secured in position;

(b) be in true parallelism; and

(c) bear throughout the entire length of the parts designed to be in
contact with the bearings.

(2) Knife edges and bearings shall be of hardened steel, agate or an
approved material and the load-carrying parts shall not show scratches
when tested by means of the application of a superfine smooth file.

16. (1) A weighing instrument shall be in balance- Balance

(a) when unloaded; and

(b) where a loose receptacle or frame is used in conjunction with
such instrument, when the receptacle or frame is attached thereto.

(2) Balance shall be indicated-

(a) in the case of a vibrating weighing instrument, by the beam or
steelyard returning to the position of equilibrium when disturbed
therefrom;

(b) in the case of a self-indicating weighing instrument or a
weighing instrument provided with a graduated indicating plate or a
difference chart, by the pointer coming to rest at the position of
equilibrium or zero graduation with the bubble of any spirit level
provided in its true position;

(c) in the case of a counter machine constructed on the Beranger
principle, by two pointers, each attached to a subsidiary beam, coming
to rest directly opposite each other;

(d) in the case of an accelerating deadweight machine, by the beam,
on being released from the stop under the weights-pan, falling gently to
the stop under the goods-pan.

(3) Balance shall not be affected when the load is removed from the
instrument.

(4) Where a weighing instrument is provided with a balance box or a
balance or gravity ball, such device shall be capable of adjustment only
by the use of a mechanical appliance.

17. (1) An automatic weighing instrument shall be- Automatic
weighing
machines

(a) if of a pattern brought into use after the 30th October, 1959,
certified by the Minister in terms of section twelve of the Act;

(b) securely fixed in the position in which it will operate;

(c) tested in situ with the material or produce it is intended to weigh;

(d) fitted with seals to protect all adjusting devices or have all such
devices operable only with a special detachable key;

(e) marked with clear marks of identification on all parts that require
to be dismantled for any purpose whatsoever, such marks to give a clear
indication of the parts which are to match on reassembly;

(f) provided with suitable means of extracting from any hopper or
conveyor such loads or sample deliveries as the assizer may require for
his tests;

(g) tested by taking, subject to the provisions of regulation 11 (2),
not less than twenty sample deliveries either at random or in sequence,

such test to be repeated as many times as the assizer considers
necessary;

(h) marked with a stamp of assize upon a lead plug in a conspicuous
place on the beam, main body or frame of the instrument.

(2) Subject to the provisions of regulation 12, the limits of error allowed
on an automatic weighing machine shall be-

(a) for instruments in excess of 100 grams capacity-
(i) maximum error in excess of the amount purported to be
delivered-one-half per centum in any article of the twenty or more
samples;
(ii) maximum error in deficiency of the amount purported to be
delivered-one-quarter per centum;
(iii) such that the average error of a sample of twenty or more
deliveries does not exceed one-quarter per centum in excess only;

(b) for instruments of 100 grams or less in capacity, the errors
allowed shall be double those specified in paragraph (a).

18. (1) Beam scales shall be classified as follows: Beam scales

(a) Class 1, comprising precision balances provided with means for
relieving all the knife edges and bearings and including single pan
balances, optical projection balances and balances with weight-loading
devices;

(b) Class 2, comprising cream test beams and beam scales, other
than Class 1 beam scales, used for weighing chemicals, drugs, fine seeds
or precious metals or stones;

(c) Class 3, comprising beam scales other than Class 1 or Class 2
beam scales.

(2) A new or repaired Class 2 or Class 3 beam scale shall be stamped
“Class 2” or “Class 3”, as the case may be.

(3) Any device for adjusting the balance of a beam scale shall be

permanently secured and so attached that it cannot readily be tampered
with:

Provided that a Class 1 or Class 2 beam scale may be fitted with-

(i) threaded balancing screws at the extremities of the beam;

(ii) flags; or

(iii) an approved balancing device.

(4) In a beam scale provided with a pointer moving across a graduated
indicating plate or difference chart, the pointer shall travel beyond the
extreme graduation on each side of the point of equilibrium or zero
graduation; if the chart is graduated on the heavy side only, the pointer
shall travel beyond the extreme graduation on that side and for a
corresponding distance on the ungraduated side.

(5) A beam scale shall be tested-

(a) with the pan loaded to half the capacity of the scale, and any
difference in the accuracy of the instrument resulting from moving the
knife edges or bearings laterally, or backwards or forwards, within the
limits of movement, shall not exceed half the limit of error prescribed in
sub-regulation (6);

(b) at capacity.

(6) Subject to the provisions of regulation 12, the limit of error allowed
and the sensitiveness required in a Class 1, Class 2 or Class 3 beam scale
of a capacity specified in the first column of Table I, II or III, as the case
may be, are those specified opposite thereto in the second column of
Table I, II or III, as the case may be.

(7) On a beam scale the stamp of assize shall be stamped upon a lead
plug inserted in the beam immediately under or over the fulcrum knife
edge or as near thereto as is practicable or, where the beam is totally
enclosed in a housing, upon a lead plug securely fitted in a cup riveted to
that housing.

19. (1) In a counter machine- Counter
machines

(a) the supports for the pans shall be of rigid structure;

(b) the centre fork shall be so secured that it cannot twist or get out
of place.

(2) A counter machine constructed on the Beranger principle shall, if it
is-

(a) a closed Beranger, have-
(i) its working parts totally enclosed in a housing;
(ii) pans which, if interchangeable, do not affect the balance when
interchanged;

(b) an open Beranger, have-
(i) a capacity not exceeding 15 kg;
(ii) a number stamped on any loose pan and on the frame or beam,
such number commencing with the final two digits of the year in which
it was manufactured;
(iii) the weights-pan of integral construction or securely fixed to its
cross by means of two or more rivets;
(iv) the support for the goods-pan of welded or riveted construction
and without holes in its upper surface;
(v) a frame of cast iron or mild steel, which stands level upon a level
plate without rocking;
(vi) in the case of a steel frame, not less than three spreaders between
the two sides to stiffen them;
(vii) if it is provided with anchor links, such links irremovable
without the use of a mechanical appliance, and hardened taper pins as
guard pins for securing such links;
(viii) pans of such shape that no tipping of the pan occurs when
weights equal to half the capacity of the machine are placed in any
position on either pan.

(3) Material used for balancing purposes shall be contained in a balance
box which is-

(a) securely fixed to the under surface of a fixed weights-pan or of
the support for a weights-pan;

(b) capable of containing lead to a weight not exceeding one per
centum of the capacity of the machine.

(4) On a counter machine the travel of the beam each way from the
horizontal position shall be, where the capacity of the machine is-

(a) not over 2 kg, not less than 6 mm;

(b) over 2 kg and not over 5 kg, not less than 7 mm;

(c) over 5 kg and not over 10 kg, not less than 8 mm;

(d) over 10 kg and not over 20 kg, not less than 10 mm;

(e) over 20 kg, not less than 12 mm.

(5) A counter machine shall be tested-

(a) with the pan loaded to half the capacity of the machine and any
difference in the accuracy of the instrument resulting from moving the
knife edges or bearings laterally, or backwards and forwards, within
their limits of movement, shall not exceed half the limit of error
prescribed in sub-regulation (6);

(b) with a weight or weights equal to half the capacity of the
machine placed on the goods-pan anywhere within a distance from the
centre equal to one-third the greatest length of the pan, or, if the pan has
a vertical side, against the middle of that side, and a similar weight
placed in any position on the weights-pan, and the machine shall
indicate the same weight within half the limit of error prescribed in
sub-regulation (6);

(c) at capacity with the weights placed centrally on each pan, unless

the goods-pan is in the form of a scoop in which case half the total
weight shall be placed against the middle of the back of the scoop and
the other half in any position on the scoop.

(6) Subject to the provisions of regulation 12, the limit of error allowed
and the sensitiveness required in a counter machine of a capacity
specified in the first column of Table IV are those specified opposite
thereto in the second column of Table IV.

(7) The stamp of assize shall be stamped upon a lead plug inserted in a
conspicuous and easily accessible part of the beam:

Provided that in the case of a closed Beranger it may be stamped upon
the housing or upon a lead plug inserted therein.

20. (1) In a crane machine the range of balance shall not exceed two per
centum of the capacity of the machine. Crane machines

(2) A crane machine shall be tested at as many numbered graduations as
the assizer considers necessary.

(3) Subject to the provisions of regulation 12, the limit of error allowed
and the sensitiveness required in a crane machine of a capacity specified
in the first column of Table V shall be double those specified opposite
thereto in the second column of Table V.

(4) The stamp of assize shall be stamped upon a lead plug inserted in a
conspicuous part of the steelyard or, where the machine has no
steelyard, of the housing.

(5) An assizer shall refuse to assize a crane machine not constructed on
the lever principle unless it is of a design or pattern in respect of which a
certificate has been issued in terms of section twelve of the Act.

21. (1) In a deadweight machine- Deadweight
machines

(a) any goods platform shall not exceed in length the length of the
beam and in width double the width of the beam and shall not be fitted
with folding wings which increase such dimensions by more than
one-third in either direction;

(b) any platform shall be made of metal or an approved material.

(2) Material used for balancing purposes shall be contained in a balance
box securely fixed to the under surface of a platform.

(3) The travel of the beam from the horizontal position shall be not less
than-

(a) in the case of an accelerating deadweight machine, 20 mm;

(b) in the case of a deadweight machine which is not an accelerating
deadweight machine, 15 mm either way.

(4) A deadweight machine shall be tested-

(a) with weights equal to half the capacity of the machine placed
successively at the middle of the front and of the back of each platform
and centrally over the knife edges on each side, and the machine shall
indicate the same weight within half the limit of error prescribed in
sub-regulation (5);

(b) at capacity, and the weights shall be distributed evenly on the
platforms.

(5) Subject to the provisions of regulation 12, in a deadweight machine
of a capacity specified in the first column of Table VI-

(a) which is an accelerating deadweight machine, the limit of error
allowed and the weight required to bring the beam back from its position
of maximum displacement are those specified opposite thereto in the
second and third columns respectively of Table VI;

(b) which is not an accelerating deadweight machine, the limit of

error allowed and the sensitiveness required are those specified opposite
thereto in the second column of Table VI.

(6) The stamp of assize shall be stamped upon a lead plug inserted in a
conspicuous and easily accessible part of the beam.

22. (1) In a platform machine or weighbridge- Platform
machines and
weighbridges

(a) the upper surface or edge of the steelyard shall be in a straight
plane from the zero graduation to the nose end;

(b) there shall be no readily removable parts other than the
counterbalance to support the counterpoise weights;

(c) adequate stops shall be provided to prevent any poise from
travelling behind the zero graduation;

(d) provided with a load-carrying rail or rails, such rail or rails shall
be distant from any other rail or rails not less than 10 mm: where such
load-carrying rails overlap or have a bridging piece, a gap of 5 mm shall
be maintained between such overlapping parts.

(2) A weighbridge shall have-

(a) provision for adequate drainage and the pit kept free from any
accumulation of water, mud or debris;

(b) its approaches smooth, straight and level for a distance not less
than the length of the platform at each end of such weighbridge;

(c) the building housing the chart or steelyard so constructed that the
operator has a clear and unobstructed view of the entire platform or
platforms;

(d) the platform so protected as to allow vehicles to pass on and off
the platform at the ends only;

(e) foundations of adequate strength to support, without change of
position, both the mechanism and a load equal to the capacity of the
weighbridge;

(f) provision for adequate reinforcement in any concrete work to
resist any point loading in any direction to the satisfaction of a
competent civil engineer.

(3) Where a platform machine or weighbridge is not provided with a
tare-beam, the weight of any loose receptacle or frame used in
conjunction with the instrument shall be accurately compensated for by
means of a counterpoise weight distinctive in shape from any of the
ordinary counterpoise weights belonging to the instrument; such
compensating weight shall have the words “TARE WEIGHT” legibly
and conspicuously stamped on its edge.

(4) The range of balance-

(a) in a platform machine, shall not exceed one-half per centum of
the capacity of the machine and shall be not less than one-eighth per
centum of such capacity each way from the centre of travel of the ball;

(b) in a weighbridge, shall be double the range permitted in a
platform machine.

(5) The travel of the steelyard each way from the horizontal position
shall be not less than-

(a) in a platform machine, 10 mm;

(b) in a weighbridge, 12 mm.

(6) A platform machine or weighbridge shall be tested-

(a) with a load which is equal to, or is as near as is practicable to,
one-quarter of its capacity, and the machine shall indicate the same
weight within half the limit of error prescribed in sub-regulation (7),
whether the load is placed on the middle or near the ends or corners of
the platform;

(b) at as many numbered graduations of the steelyard or chart as the
assizer considers necessary, and also each individual counterpoise
weight, drop weight, tare bar, weigh bar, or any other device used to
increase the capacity of the machine shall be tested;

(c) at capacity, with the weights and materials evenly distributed on
the platform;

(d) and the instrument shall be correct whether the test is forward or
backward;

(e) in the case of a dormant platform machine, weighbridge or
overhead weigher, in situ, and it shall be correct when the load is run on
or off the platform or load-carrying rail, as the case may be;

(f) and it shall, if fitted with a locking handle or relieving gear, be
correct when the machine is put slowly out of and into action.

(7) Subject to the provisions of regulation 12, the limit of error allowed
and the sensitiveness required are-

(a) in the case of a platform machine of a capacity specified in the
first column of Table VII, those specified opposite thereto in the second
column of Table VII;

(b) in the case of a weighbridge of a capacity specified in the first
column of Table V, those specified opposite thereto in the second
column of Table V.

(8) The stamp of assize shall be stamped upon a lead plug inserted in a
conspicuous and easily accessible position on the instrument and the
official date stamp shall be stamped upon the lead in the adjusting hole
of any counterpoise or tare weight.

(9) An assizer shall refuse to assize-

(a) an instrument of the type known as Union scales;

(b) a platform machine having counterpoise weights which, when
added to the full value of the steelyard reading, represent a weight
greater or less than the capacity of the machine.

23. (1) In a self-indicating weighing instrument- Self-indicating
weighing
instruments

(a) in which weight indications are dependent on the extension of a
spring or springs, such spring or springs shall be iso-elastic or a
temperature compensating device shall be incorporated;

(b) other than a dormant platform machine, weighbridge, suspended
self-indicating weighing instrument or a self-indicating weighing
instrument specifically designed for use in an out-of-level position, a
circular spirit level or cross spirit level shall be provided;

(c) error due to parallax shall not exceed the value of the smallest
subdivision;

(d) the indicating wire or the extremity of the indicating pointer
shall not exceed in width or thickness the width of any graduation, and
the extremity of the pointer shall meet but not obscure the graduations;

(e) which is new or repaired and is provided with a cylindrical or
revolving chart, any indicating wire shall be a single wire;

(f) in which the chart is partly enclosed, the aperture through which
the indications are read shall be sufficiently large to permit the next
lower numbered graduation to be read.

(2) The graduations on the chart shall-

(a) in the case of a platform machine or weighbridge-
(i) not exceed 0.8 mm or 1.5 mm in width in a platform machine or
weighbridge respectively; and
(ii) be not less than 3 mm apart, measured from centre to centre,
whether or not they are on opposite sides of a dividing line;

(b) in the case of a self-indicating weighing instrument other than a

platform machine or weighbridge-
(i) not exceed 0.4 mm in width;
(ii) be not less than 1.5 mm apart, measured from centre to centre,
whether or not they are on opposite sides of a dividing line:

Provided that a lens or other approved device may be fitted to the
instrument for the purpose of magnifying the graduations so as to bring
them into conformity with the provisions of this sub-regulation.

(3) The weight value of the smallest subdivision of the chart shall,
where the capacity of the chart is-

(a) not over 1 kg, not exceed 5 g;

(b) over 1 kg and not over 10 kg, not exceed 10 g;

(c) over 10 kg and not over 15 kg, not exceed 20 g;

(d) over 15 kg and not over 25 kg, not exceed 50 g;

(e) over 25 kg and not over 50 kg, not exceed 100 g;

(f) over 50 kg and not over 100 kg, not exceed 200 g;

(g) over 100 kg and not over 250 kg, not exceed 500 g;

(h) over 250 kg and not over 500 kg, not exceed 1 kg;

(i) over 500 kg and not over 1,000 kg, not exceed 2 kg;

(j) over 1,000 kg and not over 2,000 kg, not exceed 5 kg;

(k) over 2,000 kg and not over 5,000 kg, not exceed 10 kg;

(l) over 5,000 kg and not over 15,000 kg, not exceed 20 kg;

(m) over 15,000 kg, not exceed 50 kg.

(4) Paragraphs (a) to (m) shall apply to the value of steps in any digital
or printing mechanism fitted to a self-indicating instrument, but where
no dial is fitted to the instrument, weight values of half the amounts
shown in this Part may be allowed in accordance with any certificate of
pattern issued pursuant to section twelve of the Act.

(5) A self-indicating weighing instrument shall be tested-

(a) to ensure that the graduations indicating value in money are in
alignment with those indicating weight, and a sufficient number of
computations shall be checked to establish their accuracy;

(b) at as many graduations as the assizer considers necessary, and
the instrument shall be correct whether the test is forward or backward;

(c) to ensure that the instrument, if fitted with two charts indicating
weight, shows the same indication on both;

(d) if it is specifically designed for use in an out-of-level position,
with the instrument in a level position and again with the instrument in
an out-of-level position.

(6) Where a self-indicating instrument is designed to print tickets or
provided with a digital read-out, any indication at zero shall show either
a true zero or, if the balance is incorrectly set, then a false balance shall
be indicated or printed, as the case may be.

(7) All self-indicating ticket printing instruments shall have an efficient
stop fraud device to prevent the printing operation being performed
before the indicator has come to rest or to prevent the printing of a ticket
showing a weight that does not correspond with the weight indicated.

(8) Subject to the provisions of regulation 12-

(a) the limit of error allowed on a self-indicating weighing
instrument is the weight corresponding to one-half of the smallest
subdivision on the chart;

(b) the error on a self-indicating ticket printing or digital read-out

shall not exceed plus or minus one division of the chart, one step of the
printing series or one increment of the digital read-out, as the case may
be.

(9) The stamp of assize shall be stamped upon a lead plug inserted in a
conspicuous and easily accessible part of the instrument.

24. (1) In a spring balance- Spring balances

(a) the chart shall-
(i) be clearly and idelibly marked “TRADE SPRING BALANCE”
or “FOR TRADE USE”;
(ii) bear a statement of the weight value of the smallest sub-division;
(iii) be made of white enamel, polished brass, or an approved
material so protected that the graduations and other markings are clearly
visible;

(b) the graduations on the chart shall not-
(i) exceed 0.8 mm in width; and
(ii) be less than 3 mm apart, measured from centre to centre, whether
or not they are on opposite sides of a dividing line;

(c) where a temperature compensating device or isoelastic spring or
springs is incorporated, it shall be capable of compensating temperature
variations of 10 degrees Celsius in balance and at load;

(d) any ball-bearing unit shall be protected against dust and dirt;

(e) the extremity of the indicating pointer shall not-
(i) exceed in width or thickness the width of any graduation; and
(ii) be more than 2 mm from the chart;

(f) a suitable balancing device capable of adjustment only by the
use of a mechanical appliance shall be provided;

(g) back-balanced for use with a bag, sack, pan or other means of
loading, such fact shall be clearly stated on the chart.

(2) The weight value of the smallest subdivision of the chart shall,
where the capacity of the chart is-

(a) under 1 kg, not exceed 5 g;

(b) 1 kg or over and under 5 kg, not exceed 10 g;

(c) 5 kg or over and under 10 kg, not exceed 20 g;

(d) 10 kg or over and under 20 kg, not exceed 50 g;

(e) 20 kg or over and under 50 kg, not exceed 100 g;

(f) 50 kg or over, not exceed one-half per centum of such capacity.

(3) The range of balance shall not exceed one per centum of the
capacity of the spring balance.

(4) A spring balance shall be tested-

(a) at as many graduations as the assizer considers necessary, and it
shall be correct whether the test is forward or backward; and

(b) the assizer may test the balance for efficiency or ability to
recover by leaving on the pan or hook a load equal to the capacity of the
balance for a period not exceeding twenty-four hours, and after the
expiration of a further four hours testing for accuracy.

(5) Subject to the provisions of regulation 12, the limit of error allowed
on a spring balance is the weight corresponding to one-half of the
smallest subdivision.

(6) The stamp of assize shall be stamped upon a lead plug inserted in the
chart, or in a prominent position on the instrument.

25. (1) In a steelyard or wall beam- Steelyards and
wall beams

(a) the steelyard shall be made of wrought-iron, steel or an approved
metal and shall be perfectly straight;

(b) a stop to prevent excessive oscillation of the steelyard shall be
provided;

(c) any loadhook shall be securely attached to the instrument;

(d) end fittings to prevent the pose-carrier riding off the steelyard
shall be securely attached;

(e) any poise shall move freely without risk of injury to the notches
and there shall be a stop to prevent it travelling behind the zero
graduation.

(2) In a wall beam-

(a) the frame and bracket shall be of adequate strength to support,
without deflection, both the wall beam and a load equal to the capacity
of the wall beam;

(b) on a swivel bracket, the steelyard shall be level in all positions;

(c) the range of balance shall not exceed one-half per centum of the
capacity of the wall beam.

(3) The travel of the steelyard of a wall beam each way from the
horizontal position shall be not less than 10 mm.

(4) A wall beam or steelyard shall be tested at as many graduations as
the assizer considers necessary, and the instrument shall be correct
whether the test is forward or backward.

(5) Subject to the provisions of regulation 12, the limit of error allowed
and the sensitiveness required are-

(a) in the case of a steelyard of a capacity specified in the first
column of Table VII, double those specified opposite thereto in the

second column of Table VII:

(b) in the case of a wall beam of a capacity specified in the first
column of Table VII, those specified opposite thereto in the second
column of Table VII.

(6) The stamp of assize shall be stamped upon a lead plug inserted in a
conspicuous and easily accessible part of the instrument and a date
stamp shall be stamped upon the lead in the adjusting hole of the poise.

(7) An assizer shall refuse to assize-

(a) a counter steelyard;

(b) a steelyard of a capacity of less than 50 kg;

(c) a steelyard with three hooks.

PART IV
WEIGHTS

26. (1) A weight shall- Weights

(a) be free from flaws and, except for the marking of the
denomination and the maker’s name, be smooth on all its surfaces;

(b) if it is a new iron weight, be galvanised, oxidised, painted or
protected by an approved process.

(2) If a weight is marked with the marker’s name or any property mark,
code or symbol, the size of the letters thereof shall not exceed one-half
the size of the letters marking the denomination.

(3) A weight shall be hexagonal, rectangular bar, cylindrical or, in the
case of weights of 500 mg or less, may be in the form of wire.

(4) The adjusting hole of a weight shall-

(a) be undercut, on the under surface of the weight, and shall not
extend to the upper surface of the weight:

Provided that in the case of a cylindrical weight the assizer may accept
arrangements for adjusting and stamping by means of a hole in the knob
of the weight;

(b) be plugged with lead which, in the case of an iron weight, is not
less than 3 mm thick.

(5) A weight shall be tested on an assizer’s balance or beam scale
against a standard weight.

(6) The limit of error allowed-

(a) on a weight of a denomination specified in the first column of
Table VIII-
(i) which is made of iron, is that specified opposite thereto in the
second column of Table VIII;
(ii) which is not made of iron, is that specified opposite thereto in the
third, fourth or fifth column, as the case may be, of Table VIII;

(b) on a metric carat weight of a denomination specified in the first
column of Table X, is that specified opposite thereto in the second
column of Table X.

(9) The stamp of assize shall be stamped-

(a) if the weight is provided with an adjusting hole, upon the lead in
that hole;

(b) if the weight is not provided with an adjusting hole, upon the
under surface of the weight.

27. An assizer shall refuse to assize- Weights not
assizable

(a) a weight made of solder, tin or any other soft metal;
(b) a weight made of aluminium or any other metal of low density of
over 1 g denomination;
(c) a cased weight or weight made of two or more unalloyed metals;
(d) a weight marked with a trade mark other than a marker’s name;
(e) an iron weight under 100 g;
(f) an iron weight with a removable or split ring;
(g) a new ring weight;
(h) a weight provided with more than one adjusting hole;
(i) a weight of a denomination not specified in Part I of the Third
Schedule.

PART V
MEASURES

28. (1) A dry measure of capacity- Dry measures
of capacity

(a) shall be made of aluminium, brass, bronze, copper, nickel, sheet
iron, steel, tin plate, or an approved material;

(b) may be protected by electro-plating, galvanisation, or an
approved process;

(c) of 50 litres or under, shall be cylindrical in form with the internal
diameter not differing by more than five per centum from the depth.

(2) The capacity of a dry measure of capacity shall be defined by the
brim of the measure.

(3) A dry measure of capacity shall be tested either with water or in the
following manner with fine seed:

(a) the standard shall be filled with seed passed through a hopper, a
distance of 150 mm being left between the bottom of the hopper and the

top of the standard;

(b) the seed in the standard shall then be passed through the hopper
into the measure being tested, a distance of 150 mm being left between
the bottom of the hopper and the top of the measure.

(4) The limit of error allowed in a dry measure of capacity of a capacity
specified in the first column of Table XI is that specified opposite
thereto in the second column of Table XI.

(5) The stamp of assize shall be stamped near the brim of the measure
directly above the position where the capacity is marked.

(6) An assizer shall refuse to assize a dry measure of capacity of a
capacity not specified in paragraph 1 of Part II of the Third Schedule.

29. (1) A liquid measure of capacity- Liquid
measures of
capacity

(a) shall be made of glass, aluminum, brass, bronze, copper, nickel,
pewter, sheet iron, silver, steel, tin plate, white metal, or an approved
material;

(b) may be protected by anodising, electro-plating, enamelling,
galvanisation, tinning or an approved process;

(c) made of brass, bronze or copper shall have the inside surfaces
well tinned;

(d) which is electro-plated shall be uniformly coated and shall show
no signs of peeling;

(e) shall not have a strengthening rib or ring which might be
mistaken for a graduation;

(f) shall not have a false bottom;

(g) made of metal shall not have a bottom rim of a depth greater than

is necessary to protect the bottom of the measure;

(h) shall not be provided with a lip or retaining edge which increases
the capacity of the measure by more than ten per centum;

(i) shall drain completely when tilted to an angle of one hundred
and twenty degrees from the vertical.

(j) if provided with a tap shall drain completely without a prolonged
dribble when the tap is open and the measure is in a level position;

(k) shall have its capacity stamped on the upper part of the body of
the measure or on a metal plate permanently secured to such part;

(l) made of glass which has its capacity defined by a line, shall have
its capacity stamped near that line.

(2) The capacity of a liquid measure of capacity shall be clearly
defined-

(a) if the measure is provided with a lip or retaining edge, by the
bottom of the lip or retaining edge;

(b) if the measure is in the form of a milk can, by the bottom of the
neck of the measure;

(c) if the measure is a glass measure other than a graduated glass
measure, by-
(i) the brim of the measure; or
(ii) an indelible line not less than 50 mm in length and distant not
less than 15 mm and not more than 40 mm from the brim;

(d) if the measure is a measure not referred to in paragraph (a), (b)
or (c), by the brim of the measure.

(3) A metal dipping measure of capacity shall-

(a) be of circular or elliptical section with vertical sides;

(b) be provided with a long handle;

(c) have sides the height of which do not differ by more than ten per
centum from one and a half times the mean dimension of its section;

(d) not exceed one litre in capacity.

(4) A graduated glass measure shall-

(a) be of conical or cylindrical form;

(b) have a level base at right angles to the axis of the measure;

(c) have graduations which are-
(i) parallel to the base of the measure;
(ii) not less than 1.5 mm apart;
(iii) in the case of back graduations, coincidental with the front
graduations when the measure is standing in a level position.

(5) A liquid measure of capacity shall be tested against a standard
measure; when testing a glass measure, the capacity of which is defined
by a line, the level of the water shall be taken at the bottom of the
meniscus.

(6) The limit of error allowed on a liquid measure of capacity is-

(a) in the case of a graduated glass measure with an internal
diameter, at the graduation tested, of approximately that specified in the
first column of Table XII, that specified opposite thereto in the second
column of Table XII;

(b) in the case of a measure other than a graduated glass measure of
a capacity specified in the first column of Table XI, that specified
opposite thereto in the second or third column of Table XI, as the case
may be.

(7) The stamp of assize shall be stamped-

(a) if the measure is a metal measure provided with a lip or retaining
edge, at the bottom of the inside of the lip or retaining edge;

(b) if the measure is not a metal measure provided with a lip or
retaining edge, near the position where the capacity is marked.

(8) An assizer shall refuse to assize a liquid measure of capacity of a
capacity not specified-

(a) in the case of a graduated measure, in paragraph 1 of Part II of
the Third Schedule;

(b) in the case of a measure other than a graduated glass measure, in
paragraph 2 or 3 of Part II of the Third Schedule.

30. (1) A measure of length shall- Measures of
length

(a) be made of brass, hardwood, ivory, steel, woven tape or an
approved material;

(b) if it is a rigid measure, be straight and free from flaws;

(c) if it is a wooden measure, have both ends capped with metal and
the tips riveted, or fixed by an approved method;

(d) if it is provided with hinges or sliding or caliper arms, have no
more play than is required for easy movement.

(2) A measure of length shall not be subdivided otherwise than into
decimetres, centimetres and millimetres.

(3) A measure of length shall be tested-

(a) against a standard measure;

(b) in the case of a tape measure, whilst supported as far as
practicable throughout its entire length on a plane and even base and

subjected-
(i) in the case of a tape measure made wholly of metal, to 5 kg;
(ii) in the case of a tape measure not made wholly of metal, to 1 kg;

tension or pull.

(4) The limit of error allowed on a measure of length shall be as
specified in Table X.

(5) The stamp of assize shall be stamped-

(a) if the measure is a tape measure, upon a metal label or disc
securely fixed thereto;

(b) if the measure is not a tape measure, near the zero graduation.

(6) An assizer shall refuse to assize a measure of length of a
denomination not specified in paragraph 5 of Part II of the Third
Schedule.

31. (1) A vehicle tank or compartment shall- Vehicle tanks

(a) be of cylindrical or elliptical section;

(b) be fitted with a fixed-quantity indicator or provided with a
dipstick by means of which the liquid can be measured;

(c) if of elliptical section, have the length of the major axis of the
section not more than one and a half times the length of the minor axis of
the section;

(d) have a delivery outlet, pipe and valves which are completely
separate from any other delivery outlet, pipe and valves on the same
motor vehicle or trailer;

(e) have the delivery piping connected thereto of such design and
construction that when the motor vehicle or trailer on which it is
mounted is standing in a level position the tank or compartment can be

completely drained;

(f) be effectively ventilated to prevent the formation of air-pockets;

(g) if it is new, have the filler opening of such size and construction
as to permit of internal inspection.

(2) In a vehicle tank or compartment fitted with a fixed-quantity
indicator-

(a) the marking of the capacity on the tank or compartment shall be
preceded by the word “CAPACITY” and followed by the words “TO
INDICATOR”;

(b) the tank or compartment shall be stamped with a number which
corresponds to a number similarly stamped on the delivery outlet so as
to identify it with that outlet;

(c) the indicator shall-
(i) be made of metal;
(ii) be fixed rigidly so as to indicate on the longitudinal axis and
under the dome centrally situated on the top of such tank or
compartment;
(iii) clearly and distinctly indicate, by means of a disc of at least 50
mm in diameter, the height to which the tank or compartment must be
filled in order to contain its marked capacity;
(iv) be adjustable and so constructed that it can be sealed so as to
prevent any change in its position without the seal being broken.

(3) In a vehicle tank or compartment provided with a dipstick-

(a) the tank or compartment shall have a guide tube for the dipstick,
fixed centrally so that the dipstick indicates on the longitudinal axis;

(b) such dipstick shall be-
(i) made of metal;
(ii) graduated to indicate the actual contents of the measure in
centimetres, an appropriate table of capacity being carried on the vehicle
and identified with the vehicle tank concerned;

(iii) indelibly stamped with a number which corresponds to a number
similarly stamped on the tank or compartment so as to identify it with
that tank or compartment;
(iv) suspended from the upper rim of the guide tube by a metal
crossbar, collar, or hilt.

(4) The volume of a vehicle tank or compartment shall exceed the
marked capacity of such tank or compartment by not less than one and
one-half per centum of such capacity.

(5) A vehicle tank or compartment shall be tested-

(a) with the tank or compartment in a level position;

(b) against standard measures or with a bulk flowmeter assized
immediately prior to the testing of the vehicle tank or compartment;

(c) if it is provided with an emergency valve for closing the delivery
outlet, with such emergency valve open.

(6) The limit of error allowed on a vehicle tank, compartment or
dipstick is one-half per centum of its capacity at the indication tested.

(7) The stamp of assize shall be stamped-

(a) if the tank or compartment is fitted with a fixed-quantity
indicator; upon a lead seal attached to the indicator;

(b) if the tank or compartment is provided with a dipstick upon the
metal at the top and bottom of the dipstick.

(8) An assizer shall refuse to assize a vehicle tank or compartment
provided with a dipstick unless an accurate chart of the capacity
identified with the tank or compartment and with the dipstick has been
supplied to him.

(9) An assizer shall refuse to assize a vehicle tank or compartment

which is deformed, dented, or otherwise damaged.

(10) An assizer shall refuse to assize a dipstick which strikes the bottom
of the tank or guide tube.

PART VI
MEASURING INSTRUMENTS

32. (1) In a bulk flowmeter- Bulk
flowmeters

(a) an air separator shall be provided which-
(i) prevents air passing through the meter to such an extent as to
affect the accuracy of delivery; and
(ii) ensures non-registration when the supply of liquid fuel or oil
fails;

(b) there shall be no leakage;

(c) the figures on any indicator shall be indelible, clear and legible;

(d) the maker’s name shall be stamped on the instrument;

(e) the maximum and minimum rates of flow in litres, dekalitres or
cubic metres per minute shall be shown;

(f) an indication engraved on a metal plate of the liquid fuel the
meter is adjusted to deliver consisting of-
(i) the name in full of the liquid fuel; or
(ii) one of the following code letters:
“A” Petrol;
“B” Paraffin or turbine fuel;
“C” Diesel or other fuel oil;

shall be fixed to the body of the meter.

(2) A bulk flowmeter shall be tested-

(a) after any dry hose has been flushed and the instrument reset to
zero;

(b) to ensure that whenever the instrument is reset to zero, the
indicating pointer is in alignment with the zero indication;

(c) by passing the appropriate liquid through the meter into a
standard measure in as many deliveries and of such quantities as the
assizer considers necessary, or by comparison of the indication of the
meter under test with the indication of an approved master meter or
proving loop;

(d) with varying heads of liquid or with varying bore by
manipulation of the delivery valve so far as is practicable.

An assizer may require these tests to be carried out using
different liquids.

When for any reason a bulk flowmeter is tested with a liquid
other than that indicated on it in accordance with sub-regulation (1) (f),
such meter, if adjusted for diesel fuel and tested with petrol, shall deliver
not less than 0.3 per centum in excess of the quantity purported to be
delivered or, if tested with paraffin, not less than 0.2 per centum in
excess of the quantity purported to be delivered.

A meter adjusted for paraffin and tested with petrol shall
deliver not less than 0.1 per centum in excess of the quantity purported
to be delivered.

In any event the meter shall be correct within the allowances
prescribed by these Regulations.

(3) The limit of error allowed on a bulk flowmeter is one-half per
centum of the quantity tested, in excess only.

(4) The stamp of assize shall be stamped upon a lead plug inserted in a
conspicuous and easily accessible part of the meter; a seal of assize shall

be affixed where necessary to prevent access to the working parts or
adjusting device without the seal being broken.

33. (1) In a fabric-measuring instrument- Fabric-measuring
instruments

(a) the measuring rollers shall, when in position for measuring, be in
true parallelism;

(b) a braking device shall be fitted which ensures non-registration
when the supply of fabric fails;

(c) the rollers shall be free when the instrument is reset;

(d) the chart or charts shall, when the instrument is reset, return to
zero either automatically or by the operation of a special handle or
device provided for that purpose;

(e) the indications shall be by means of graduations not less than-
(i) 20 mm apart in the case of graduations of a length value of 100
mm;
(ii) 3 mm apart in the case of graduations of a length value of 25
mm;

or by counters.

(2) A fabric-measuring instrument shall be tested-

(a) by passing the standard or the fabric normally measured by that
instrument through the instrument at right angles to the axis of the
measuring rollers;

(b) and if it is necessary to remove the standard or fabric during the
test, this shall only be done when an integral number of metres of the
standard or fabric has passed through the instrument and the standard or
fabric shall be re-inserted at the zero or initial graduation of the standard
or fabric;

(c) and the instrument shall be correct whether the test is forward or
backward;

(d) to ensure that-
(i) the instrument, if fitted with two charts, shows the same
indication of length on both;
(ii) any totalising meter functions properly and correctly;
(iii) the parts work freely throughout the range of the instrument;
(iv) there is no back-lash in the mechanism;
(v) any overrun brake fitted shall bring the indicator to a halt
immediately the standard or fabric used for the test leaves the measuring
roller.

(3) The limit of error allowed on a fabric-measuring instrument is, for
each metre or portion thereof indicated, 2 mm in deficiency and 4 mm in
excess.

(4) The stamp of assize shall be stamped upon a lead plug inserted in a
conspicuous and easily accessible part of the instrument; a seal of assize
shall be affixed where necessary to prevent access to the working parts
or adjusting device without the seal being broken.

34. (1) In a liquid measuring device- Liquid
measuring
devices

(a) adequate provision to prevent the formation of airlocks shall be
made;

(b) there shall be no leakage;

(c) any valve shall work freely.

(2) A liquid measuring device shall be tested-

(a) after the device and any delivery hose or measure used in the test
has been flushed;

(b) in the case of each separate measuring chamber-

(i) by passing the liquid from the chamber into a standard measure
or, where this is not practicable, into the barrel, bottle, drum or other
container and then into a standard measure;
(ii) where it is not practicable to test the liquid with a standard
measure, by ascertaining the net weight of the liquid delivered and
converting such weight into volume, basing the computation on the
specific gravity of the liquid.

(3) The limit of error allowed on a liquid measuring device is one-half
per centum of the quantity purported to be delivered, in excess only:

Provided that the limit of error allowed on a 35 ml dispensing or
measuring tap is 0.5 ml, in excess only.

(4) The stamp of assize shall be stamped-

(a) upon a lead plug inserted in a conspicuous and easily accessible
part of the device; and

(b) if the device is provided with a metal displacer or displacers to
alter the capacity of a measuring chamber, upon such displacer or
displacers.
A seal of assize shall be affixed where necessary to prevent access to the
working parts or adjusting device without the seal being broken.

35. (1) In this regulation-
“price indicator” means an indicator showing the value in money of the
liquid fuel or oil delivered;
“volume indicator” means an indicator showing the volume of liquid
fuel or oil delivered. Petrol pumps

(2) A petrol pump shall-

(a) be constructed to deliver liquid fuel or oil at one outlet only;

(b) be provided with a clear and legible volume indicator;

(c) not have a counting or totalising device which may be confused
with the volume indicator;

(d) not leak at any point;

(e) not, unless written permission from an assizer has been obtained,
be fitted with a delivery hose exceeding 5 metres in length.

When measuring the length of a delivery hose-
(i) the length of the nozzle shall be included;
(ii) the length of any swing or radial arm shall be excluded;
(iii) which is retractable, the hose shall be measured from the point
where it emerges from the housing and when fully extended;

(f) if it is of fixed type-
(i) be securely mounted on a solidly constructed, level base;
(ii) be so sited as to permit the purchaser to have a clear and
unobstructed view of the volume indicator and any price indicator or
measuring chamber provided;
(iii) be so sited that the adjusting mechanism and the plug for the
stamp of assize are readily accessible;

(g) if it is used to measure oil, have a delivery hose which is
permanently filled to the nozzle.

(3) A petrol pump provided with a meter shall-

(a) be incapable of operation until the volume indicator and any
price indicator are reset to zero;

(b) if it is used to measure liquid fuel, be-
(i) provided with a sight glass which clearly shows whether the
delivery hose is completely filled before, during and after delivery; and
(ii) conspicuously marked “THIS GLASS MUST BE FULL
BEFORE AND AFTER DELIVERY”;

(c) not be fitted with a swing arm unless such arm-
(i) has a radius of swing not exceeding 2 metres;

(ii) is provided with a sight glass of an approved pattern at the
highest point of the swing arm or extension pipe immediately before the
connection to the flexible hose;

(d) have a clear indication on the housing or dial of the position of
the lead seals and the plug for the stamp of assize;

(e) be provided with an air separator or cut-off valve which ensures
non-registration when the supply of liquid fuel or oil fails;

(f) be provided with a delivery hose which is permanently filled to
the nozzle.

(4) A petrol pump provided with one or more measuring chambers
shall-

(a) have any measuring chamber clearly visible and made of clear
glass;

(b) have the delivery hose so positioned as to allow complete
discharge of the liquid measured from the delivery outlet of the pump;

(c) if it has more than one measuring chamber, be provided with a
valve to prevent the liquid flowing from one chamber into another;

(d) have each measuring chamber denominated.

(5) In a petrol pump provided with a price indicator, the indicator shall
incorporate a device which clearly indicates the price per litre and
regulates the registration on such indicator.

(6) A petrol pump shall be tested-

(a) if it is provided with one or more measuring chambers, after
passing at least 5 litres of liquid through the delivery hose to prevent
undue absorption during the test;

(b) by passing the liquid into a standard measure in as many
deliveries and of such quantities as the assizer considers necessary;

(c) if it is provided with a meter, by a slow test which does not
exceed a time limit of thirty seconds per 5 litres on any quantity
delivered;

(d) to ensure that-
(i) back-drainage does not exceed 25 ml per hour;
(ii) it is correct, whether the pump is operated rapidly or slowly;
(iii) the indications on the volume indicator are in agreement with
those on the price indicator and with the price per litre indicated by the
device referred to in sub-regulation (5), and a sufficient number of
computations shall be checked to establish their accuracy;
(iv) if it is fitted with a nozzle control valve, no liquid fuel or oil is
delivered when such valve is open and the pump is at rest;
(v) if it is fitted with two volume indicators, after delivery it shows
the same indication of volume on both such indicators;
(vi) if it is fitted with two price indicators, after a delivery it shows
the same indication of value in money on both such indicators.

(7) The limit of error allowed on a petrol pump is one-half per centum
of the quantity purported to be delivered, in excess only:

Provided that in a petrol pump used to measure lubricating oil, where a
quantity of one litre or less is indicated, the limit of error allowed is 2 per
centum of the quantity purported to be delivered, in excess only.

(8) The stamp of assize shall be stamped upon a lead plug inserted in a
conspicuous and easily accessible part of the pump. A seal of assize
shall be affixed where necessary to prevent access to the working parts
or adjusting device without the seal being broken.

36. (1) An automatic measuring instrument shall be- Automatic
measuring
instruments

(a) certified by the Minister in terms of section fifteen of the Act;

(b) securely fixed in the position in which it will operate;

(c) tested in situ with the liquid it is intended to measure;

(d) fitted with seals to protect all adjusting devices or have all such
devices operable only with a special detachable key;

(e) marked with clear marks of identification on all parts that require
to be dismantled for any purpose whatsoever, such marks to give a clear
indication of the mating parts which are to be matched on reassembly;

(f) tested at various heads and rates of delivery where these are not
uniform;

(g) tested by taking not less than twenty samples either at random or
in sequence;

(h) marked with the stamp of assize upon a lead plug on a
conspicuous part of the instrument on the main body of the machine.

(2) The limits of error allowed on an automatic measuring instrument
shall be-

(a) maximum error in excess of the amount purported to be
delivered into the container-one per centum;

(b) maximum error in deficiency of the amount purported to be
delivered into the container-0.5 per centum;

(c) such that the average error of a sample of twenty or more
deliveries does not exceed 0.5 per centum in excess only.

(3) The provisions of regulation 12 (4) (b) shall not be applied to
automatic weighing or measuring instruments.

FIRST SCHEDULE

(Regulation 2)

TABLES SHOWING LIMITS OF ERROR AND SENSITIVENESS

TABLE I

BEAM SCALES: CLASS 1

Error allowed
Capacity and sensitiveness
10 g 1 mg
20 g 2 mg
50 g 3 mg
100 g 4 mg
200 g 5 mg
500 g 6 mg
1 kg 12 mg
2 kg 25 mg
5 kg 50 mg
10 kg 70 mg
20 kg 100 mg
Application of the sensitiveness allowance to a Class 1 beam scale in equilibrium shall
cause a change of rest point of not less than 5 divisions of the scale.

TABLE II

BEAM SCALES: CLASS 2

Error allowed
Capacity and sensitiveness
50 g 15 mg
200 g 25 mg
500 g 30 mg
1 kg 60 mg
2 kg 120 mg
5 kg 250 mg

10 kg 350 mg
20 kg 500 mg
50 kg 1 g
Application of the sensitiveness allowance to a Class 2 beam scale in equilibrium shall
cause a change of rest point of not less than 5 divisions of the scale.

TABLE III

BEAM SCALES: CLASS 3

Error allowed
Capacity and sensitiveness
500 g 200 mg
1 kg 300 mg
2 kg 400 mg
5 kg 600 mg
10 kg 800 mg
20 kg 1,000 mg
50 kg 1,500 mg
Above 50 kg capacity add to the above 400 mg for each 20 kg of additional capacity.
Application of the sensitiveness allowance to a Class 3 beam scale shall cause a change of
rest point of not less than 10 mm shown by the end of the indicator.

TABLE IV

COUNTER MACHINES

Error allowed
Capacity and sensitiveness
1 kg 2 g
2 kg 4 g
5 kg 5 g
7 kg 5 g
10 kg 10 g
15 kg 10 g
20 kg 15 g
30 kg 20 g
Application of the sensitiveness allowance to a counter machine shall show a change of
position of the scales of not less than 10 mm or the full fall or travel specified in regulation
19 (4).

TABLE V

*CRANE MACHINES AND WEIGHBRIDGES

Error allowed
Capacity and sensitiveness
1,000 kg 400 gk
2,000 kg 800 gk
5,000 kg 1,500 gk
10,000 kg 2 kg
20,000 kg 4 kg
50,000 kg 6 kg
100,000 kg 8 kg
200,000 kg 15 kg
*The error allowed and sensitiveness for lever type crane machines are double the amounts
shown above.

TABLE VI

DEADWEIGHT MACHINES

Error and
Capacity sensitiveness Recovery
50 kg 20 g 50 g
100 kg 40 g 100 g
200 kg 80 g 200 g
500 kg 120 g 300 g
Deadweight machines include single lever coal scales and scales formerly known as “bob
up” scales.
Recovery is the weight required to bring the beam back, from its position of maximum
displacement, to the horizontal.

TABLE VII

PLATFORM MACHINES, BENCH PLATFORM MACHINES, DORMANT
PLATFORM MACHINES, STEELYARDS AND WALL BEAMS

Error allowed
Capacity and sensitiveness

50 kg 20 g
100 kg 40 g
200 kg 50 g
500 kg 100 g
1,000 kg 200 g
2,000 kg 400 g
5,000 kg 800 g
Steelyards commonly used as butchers’ steelyards are allowed double the amounts shown
above.

TABLE VIII

WEIGHTS

FOR GENERAL USE PRECISION WEIGHTS
Denomination Errors in excess only Errors in excess or deficiency
Iron weights Others Class I Class II
20 kgi 3 gm 1.5 gm 100 mg 500 mg
10 kgi 2 gm 1 gm 50 mg 250 mg
5 kgi 1 gm 500 mg 25 mg 125 mg
2 kgi 600 mg 300 mg 10 mg 50 mg
1 kgi 400 mg 200 mg 5 mg 20 mg
500 gm 200 mg 100 mg 2.5 mg 10 mg
200 gm 100 mg 50 mg 1.0 mg 10 mg
100 gm 40 mg 20 mg 0.5 mg 5.0 mg
50 gm – 15 mg 0.25 mg 2.0 mg
20 gm – 10 mg 0.1 mg 1.0 mg
10 gm – 5 mg 0.05 mg 0.5 mg
5 gm – 5 mg 0.05 mg 0.5 mg
2 gm – 5 mg 0.05 mg 0.5 mg
1 gm – 2 mg 0.05 mg 0.5 mg
500 mg – 2 mg 0.05 mg 0.5 mg
200 mg – 2 mg 0.05 mg 0.5 mg
100 mg – 2 mg 0.05 mg 0.5 mg
50 mg – 2 mg 0.02 mg 0.2 mg
20 mg – 1 mg 0.02 mg 0.2 mg
10 mg – 0.5 mg 0.02 mg 0.2 mg
5 mg – 0.2 mg 0.02 mg 0.2 mg
2 mg – 0.2 mg 0.02 mg 0.2 mg

1 mg – 0.1 mg 0.02 mg 0.1 mg
NOTE-Class I precision weights comply with NPL. 1961 Spec.
Class II precision weights comply with old NPL. Class B Spec.
Errors above 100 g for precision weights are extrapolated. Weights below 10 mg
will be tested only as parts of complete sets by special arrangement.

TABLE IX

METRIC CARAT WEIGHTS

Denomination Error in excess only
500 CM (=100 g) 10 mg
200 CM 5 mg
100 CM 2 mg
50 CM (=10 g) 2 mg
20 CM 1.0 mg
10 CM 1.0 mg
5 CM (=1 g) 1.0 mg
2 CM 1.0 mg
1 CM 1.0 mg
0.5 CM (=0.1 g) 0.5 mg
0.2 CM 0.5 mg
0.1 CM or under 0.2 mg
NOTE-This series of weights is limited and should be used only when precision metric
weights are not suitable.

TABLE X

MEASURES OF LENGTH

End Measures Line Measures
Denomination Long Short Long Short
100 mm – – 20 mm 20 mm
50 mm – – 15 mm 15 mm
30 mm – – 10 mm 10 mm
20 mm – – 7.5 mm 7.5 mm
10 mm – – 5.0 mm 5.0 mm
5 mm – – 2.5 mm 2.5 mm
3 mm 3 mm 1.5 mm 1.5 mm 1.5 mm
2 mm 2 mm 1.0 mm 1.0 mm 1.0 mm

1 mm 1 mm 0.5 mm 0.5 mm 0.5 mm
500 mm 0.8 mm 0.4 mm 0.4 mm 0.4 mm
The above errors are to apply to metal measures. Other measures shall have double the
above allowances.

TABLE XI

MEASURES OF CAPACITY

Errors in excess only
Capacity Conical Metal Others Metal
100 litres or over 0.1% of capacity 0.2% of capacity
50 l 65 ml 125 ml
20 l 50 ml 100 ml
10 l 40 ml 75 ml
5 l 25 ml 50 ml
2 l 12.5 ml 25 ml
1 l 7.5 ml 15 ml
500 ml 5.0 ml 10 ml
200 ml 2.5 ml 5 ml
100 ml 1.5 ml 2.5 ml
50 ml 1.25 ml 2.0 ml
35 ml 1.00 ml 1.5 ml
25 ml 0.65 ml 1.5 ml
20 ml 0.5 ml 1.0 ml
10 ml 0.25 ml 0.5 ml
Measures other than metal measures may have an error in excess only of 5 times the
allowance for conical metal measures shown above.

TABLE XII

GRADUATED GLASS MEASURES

Approximate internal Error allowed in excess
diameter or deficiency
100 mm 1 ml
90 mm 1 ml
80 mm 0.8 ml
70 mm 0.8 ml
60 mm 0.6 ml
50 mm 0.6 ml

40 mm 0.4 ml
30 mm 0.3 ml
20 mm 0.15 ml
10 mm 0.05 ml
Burettes, pipettes, measuring flasks and cylinders shall conform to tolerances not less
severe than an approved international standard specification.

SECOND SCHEDULE

(Regulation 7 (5))

ABBREVIATIONS OF DENOMINATIONS

Denomination Abbreviation

MASSES

Kilogram kg
Gram g
Decigram dg
Centigram eg
Milligram mg
Metric Carat C.M.

MEASURES

Litre l
Decilitre dl
Centilitre cl
Millilitre ml
Metre m
Decimetre dm
Centimetre cm
Millimetre mm
Cubic centimetre c.c. or c3
Cubic metre cu.m or m3

THIRD SCHEDULE

(Regulations 27, 28 (6), 29 (8) and 30 (6))

DENOMINATIONS OF MASSES AND MEASURES WHICH ARE
PERMITTED FOR USE IN TRADE

PART I

MASSES

20 kilograms 5 grams
10 kilograms 2 grams
5 kilograms 1 gram
2 kilograms 0.5 gram
1 kilogram 0.2 gram
500 grams 0.1 gram
200 grams 0.05 gram
100 grams 0.02 gram
50 grams 0.01 gram
20 grams 0.005 gram
10 grams 0.002 gram
0.001 (=1 mg)
500 metric carats 1 metric carat
200 metric carats 0.5 metric carat
100 metric carats 0.25 metric carat
50 metric carats 0.2 metric carat
20 metric carats 0.1 metric carat
10 metric carats 0.05 metric carat
5 metric carats 0.02 metric carat
2 metric carats 0.01 metric carat
0.005 metric carat

PART II

MEASURES

1. GRADUATED GLASS MEASURES
2 litres 25 millilitres
1 litre 20 millilitres
500 millilitres 10 millilitres
250 millilitres 5 millilitres

200 millilitres 2 millilitres
100 millilitres 1 millilitre
50 millilitres
2. MEASURES OF CAPACITY OTHER THAN GRADUATED MEASURES OF
GLASS
20 litres 50 millilitres
10 litres 35 millilitres
5 litres 25 millilitres
2 litres 20 millilitres
1 litre 10 millilitres
0.5 litre or 500 ml 5 millilitres
0.2 litre or 200 ml 2 millilitres
100 millilitres 1 millilitre
3. MEASURES OF CUBIC CAPACITY OR VOLUME
1 cubic metre or multiples of 1 cubic metre
500 cubic decimetres
200 cubic decimetres
100 cubic decimetres
50 cubic decimetres
20 cubic decimetres
10 cubic decimetres

4. MEASURES OF AREA
1 square metre or multiples of 1 square metre
1 square decimetre or multiples of 1 square decimetre
1 square centimetre or multiples of 1 square centimetre

5. MEASURES OF LENGTH
1 metre and an integral number of metres not exceeding 100 metres.
1 decimetre and an integral number of decimetres not exceeding one metre.
1 centimetre and an integral number of centimetres not exceeding one metre.
1 millimetre and an integral number of millimetres not exceeding one metre.

SECTION 44-THE WEIGHTS AND MEASURES
(ASSIZE FEES) REGULATIONS.
Regulations by the Minister Statutory
Instrument
1 of 1996

1. These Regulations may be cited as the Weights and Measures
(Assize Fees) Regulations. Title

2. In these Regulations, unless the context otherwise requires- Interpretation

“applicant” means a person referred to in section fifteen of the Act who
having an instrument, weight or measure for use in trade, or in his
possession or charge for use in trade notifies the Assizer in writing of the
particulars of such instrument, weight or measure and the place where it
is kept and requests that such instrument, weight or measure be assized
at that place; and includes any person notifying an Assizer of the said
particulars in a request for the assize of an instrument, weight or
measure in advance of a notice published in terms of section seventeen
of the Act;

“assize station” means a place or an area specified in a notice where
persons called upon must produce any instrument in use or possession or
charge for use in trade for the purpose of its being assized;

“special applicant” means a person, other than an applicant, who notifies
the Assizer of the particulars of an instrument or measure and requests
that such instrument or measure be assized at the place where it is kept;
and shall include an instrument maker, repairer or seller.

3. Subject to regulation 5, there shall be charged in respect of the
assizing or rejection of instruments the fees prescribed in the First
Schedule. Testing fees

4. Subject to the provisions of regulation 5 there shall be charged in
respect of-
(a) the adjustment of weights and measures, the fees prescribed in
Part I of the Second Schedule;
(b) the miscellaneous services mentioned in Part II of the Second
Schedule, the fees prescribed in that Part. Adjusting and
services fees

5. Subject to paragraphs (a) and (b) of regulation 4, where an
instrument is assized or rejected for an applicant at a place other than-
(a) an assize office; or
(b) an assize station;
the appropriate fees chargeable in terms of regulations 3 and 4 shall be
the appropriate fee increased by the attendance fee prescribed in Part III
of the Second Schedule. Attendance fees

6. (1) Where an Assizer tests an instrument on the premises of a special
applicant, there shall be charged, in respect of each journey made by the
assizer to the premises- Travelling and
subsistence fees

(a) where the journey is made by motor vehicle, a fee at the rate of
0.25 fee units per kilometre or part thereof in respect of the distance
between the premises and the assize office at which the Assizer is
stationed; or the attendance fees specified in Part III of the Second
Schedule, whichever is the greater;

(b) where the journey is made by air, road or rail, a fee equal to the
cost of a return economy air fare, or first class return bus or train fare
from the assize office at which the Assizer is stationed to the airport, bus
station or railway station nearest to the premises, plus any costs incurred
by the Assizer in travelling from the airport, bus station or railway
station, as the case may be, to the premises; or

(c) a fee of 500 fee units or the cost of accommodation, whichever is
the greater, where the Assizer obtains sleeping accommodation away
from the situation of the assize office at which the aforesaid Assizer is
stationed.

(2) The fee prescribed in paragraph (a) or (b) of sub-regulation (1) shall
not be charged where the special applicant provides suitable transport
for the journey.

(3) When two or more special applicants are dealt with in one journey
the fees laid down in sub-regulation (1) may be apportioned between
such applicants.

7. Where an assizer with standard weights provided and carried by the Fees for the use

government, tests a weigh-bridge, on the premises of an applicant or
special applicant, there shall be charged in addition to any other fee
prescribed in these Regulations-
(a) the total transportation costs of moving the standard weights to
and from the premises of the applicant or special applicant and this shall
include the cost of fuel, lubricants, subsistence allowances for the
assizer and driver and mileage at the rate of 5 fee units per kilometre; or
(b) a fee equal to the current daily pay and overtime for the truck
crew. and transport of
test weights
provided by
Government

8. (1) Where any testing is carried out for the mutual benefit of the
owners or users of an instrument on one hand and the Assize
Department, on the other hand, other than upon request made by the
applicant, the testing fees, travel and subsistence fees and fees for
carriage of standards set out for the applicants and special applicants
may be charged. Fees to be
charged in other
cases

(2) Where any person uses standard weights to test an instrument other
than a weigh-bridge the fees shown in regulation 7 (a) and (b) shall be
charged.