Public Stores Act

This section says the Act may be cited as the Public Stores Act.

Jurisdiction: Malawi
Instrument: Act or statute
Citation: Act 16 of 1966
Version: 31 Dec 2014
Language: en
Official source: View official record ↗

definitions government property ownership proof public stores rulemaking schedule amendment store marking

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This section says the Act may be cited as the Public Stores Act. This section defines “Government property,” “property of the Government,” and “stores” for the Act unless the context requires otherwise. Marks in the First Schedule may be used on listed stores to show government property, but anyone who applies those marks without lawful authority or excuse commits a misdemeanor and may be imprisoned for two years. In proceedings, proof that stores bear certain Schedule marks is prima facie evidence that the stores belong to the Government. A person must not remove, destroy, or obliterate marks on certain government property with intent to conceal that property.

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Provisions of Public Stores Act

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1
Short title
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This section says the Act may be cited as the Public Stores Act.

1. Short title This Act may be cited as the Public Stores Act.
2
Interpretation
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This section defines “Government property,” “property of the Government,” and “stores” for the Act unless the context requires otherwise.

2. Interpretation In this Act, unless the context otherwise requires— “ Government property ” and “property of the Government” means any property of the Government of Malawi; “ stores ” includes all goods and chattels and any single store or article.
3
Marks in First Schedule appropriated for public stores
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Marks in the First Schedule may be used on listed stores to show government property, but anyone who applies those marks without lawful authority or excuse commits a misdemeanor and may be imprisoned for two years.

3. Marks in First Schedule appropriated for public stores (1) The marks set forth in the First Schedule may be applied in or on stores therein described in order to denote the property of the Government in stores so marked. (2) Any person who, without lawful authority or excuse, (the proof of which authority or excuse shall lie upon the person accused) applies any of the said marks on any stores described in the First Schedule shall be guilty of a misdemeanor and shall be liable to imprisonment for two years.
4
Marks in Schedules to be prima facie proof of ownership by Government
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In proceedings, proof that stores bear certain Schedule marks is prima facie evidence that the stores belong to the Government.

4. Marks in Schedules to be prima facie proof of ownership by Government Where in any proceedings, whether under this Act or under any other law and irrespective of whether such proceedings be of a criminal or of a civil nature, it is proved that any stores which are the subject matter of such proceedings have had applied thereto any of the marks described in the First or the Second Schedule, such proof shall be prima facie evidence that such stores are the property of the Government.
5
Obliteration with intent to conceal
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A person must not remove, destroy, or obliterate marks on certain government property with intent to conceal that property.

5. Obliteration with intent to conceal Any person who, with intent to conceal the property of the Government in any stores , takes out, destroys or obliterates, wholly or in part, any mark described in the First or the Second Schedule shall be guilty of a felony and shall be liable to imprisonment for seven years.
6
Power to amend First Schedule
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The Minister may, by notice in the Gazette, add to or remove items from the First Schedule.

6. Power to amend First Schedule The Minister may, by notice published in the Gazette , add to or delete from the stores and marks set forth in the First Schedule. First schedule Marks appropriated for public stores Stores Marks Manilla Rope A green coloured thread laid up with the yarn Any stores other than those enumerated above The letters “MG” Second schedule MG, NG, RNG, the coat of arms of the former Federation of Rhodesia and Nyasaland, the coat of arms of the former Nyasaland Protectorate.

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Public Stores Act

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