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Zambia legislation

Brands Act, 1913

This section gives the Act its short title: Brands Act. This section defines key terms used in the Act, including brand, Brand Directory, cattle, fees, horse, proprietor, Registrar, and similar brand.…

animal brandinganimal markingapplication processingbrand registrationbrand transfercertificate of registrationcertificatescorporate recordsfeesoffencespenaltiesproofproperty theftpublic registry administrationrecord keepingregistrarregistrar procedureregistrationregistration formsregistry administrationregulation-making
Jurisdiction
Zambia
Structure
15 provisions
Citation
Act 12 of 1913
Dates
As at 31 Dec 1996
More statute details
Dates
As at 31 Dec 1996

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01

Purpose and legislative effect

“This section gives the Act its short title: Brands Act.”

This section gives the Act its short title: Brands Act. This section defines key terms used in the Act, including brand, Brand Directory, cattle, fees, horse, proprietor, Registrar, and similar brand. The Act provides for one or more public officers to perform the functions of the Registrar of Brands for Zambia and, for certain districts or groups of districts, Deputy Registrars subordinate to the Registrar. The Registrar must keep separate registers for brands of horses, cattle, sheep, and goats. An eligible animal owner may pay the prescribed fees and apply in writing to the Registrar to be registered as the proprietor of a brand.

02

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Source record from zambialii.org · As at 31 Dec 1996

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Showing 15 of 15 provisions

Provision 8Repeal 3Short titleInterpretation
§ 1Short title ........................................................................................................................................................................................................... 1Short title

This section gives the Act its short title: Brands Act.

1. Short title This Act may be cited as the Brands Act.
Section 1Verify source
§ 2Interpretation .................................................................................................................................................................................................... 1Interpretation

This section defines key terms used in the Act, including brand, Brand Directory, cattle, fees, horse, proprietor, Registrar, and similar brand.

2. Interpretation In this Act, unless the context otherwise requires— "brand" means the impression of any letter, sign or character branded upon any horse or cattle, and the impression of any letter, sign or mark branded or tattooed on the body of any sheep or goat or made upon the wool of any sheep or goat by pitch, paint, tar or other substance; "Brand Directory" means the list of the brands compiled by the Registrar and published by authority; "cattle" means any bull, cow, ox, heifer, steer or calf, or any domesticated eland or eland hybrid; "fees" means any fees, rates or charges which any person may be liable to pay under this Act or any regulations made in pursuance thereof; "horse" means any horse, mare, gelding, colt, filly, ass or mule, or any domesticated zebra or zebra hybrid; "proprietor" means the registered proprietor of any brand; "Registrar" means the Registrar of Brands appointed for the purposes of this Act and includes any person for the time being lawfully acting in that capacity; "similar brand" means a brand so like another brand as to be likely to be mistaken for it.
Section 2Verify source
§ 3Registrar and Deputy Registrars of Brands ........................................................................................................................................... 1Repeal

The Act provides for one or more public officers to perform the functions of the Registrar of Brands for Zambia and, for certain districts or groups of districts, Deputy Registrars subordinate to the Registrar.

3. Registrar and Deputy Registrars of Brands (1) There shall be a public officer or public officers to exercise under this Act the functions of— (a) the Registrar of Brands for Zambia; (b) Deputy Registrars for certain districts or groups of districts who shall be subordinate to the Registrar for the purposes of this Act. (2) The place or places at which the offices of the Registrar or Deputy Registrars shall be situate shall be as determined from time to time. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 1 Brands Act, 1913 (Chapter 244) Zambia Repealed
Section 3Verify source
§ 4Registers to be kept ....................................................................................................................................................................................... 2Provision

The Registrar must keep separate registers for brands of horses, cattle, sheep, and goats.

4. Registers to be kept The Registrar shall keep separate registers for the registration of brands of— (a) horses; (b) cattle; (c) sheep and goats.
Section 4Verify source
§ 5Application for registration as proprietor of brand ............................................................................................................................ 2Provision

An eligible animal owner may pay the prescribed fees and apply in writing to the Registrar to be registered as the proprietor of a brand.

5. Application for registration as proprietor of brand An owner of such animals as are referred to in the last preceding section may deposit the prescribed fees and make application in writing to the Registrar to be registered as the proprietor of a brand. Such brand may be in respect of any one or more of such classes of animals.
Section 5Verify source
§ 6Receipt of application ................................................................................................................................................................................... 2Provision

The Registrar must send the applicant a certificate of receipt after receiving the application and payment of the prescribed fees.

6. Receipt of application The Registrar, upon receiving any such application and on payment of the prescribed fees, shall send to the applicant a certificate of such receipt.
Section 6Verify source
§ 7Allotment of brand ......................................................................................................................................................................................... 2Provision

A person who needs a brand may apply to the Registrar and pay the prescribed fee to have a brand allotted. A person may also submit a brand of their choice for possible registration if the Registrar accepts it and the fee is paid.

7. Allotment of brand (1) Any person requiring a brand may, on application and on payment of the prescribed fee, have a brand allotted to him by the Registrar. (2) Any person may submit to the Registrar a brand of his selection which, if acceptable to the Registrar and on payment of the prescribed fee, may be registered as the applicant's brand. [No. 49 of 1955]
Section 7Verify source
§ 8Certificate of registration ............................................................................................................................................................................. 2Amendment

The Registrar must send every applicant a certificate of registration once registration is completed.

8. Certificate of registration The Registrar shall forward to every applicant a certificate of registration as soon as the registration shall be completed. [As amended by No. 49 of 1955]
Section 8Verify source
§ 9Brand Directory ................................................................................................................................................................................................ 2Provision

The Registrar, or another designated public officer, must compile a Brand Directory each year after 31 December.

9. Brand Directory As soon as may be after the 31st December in each year, the Registrar, or such other public officer as may be designated, shall compile a Brand Directory containing a correct and complete list of all registered brands and of names and residences of all proprietors registered up to that date.
Section 9Verify source
§ 10Transfer of brand .......................................................................................................................................................................................... 2Provision

A registered proprietor may transfer a registered brand to another person, but the transfer is only valid if registered by the Registrar and any prescribed fee is paid.

10. Transfer of brand Any registered proprietor may transfer his right to any registered brand to any other person in such form as may be prescribed. Such transfer shall only have validity when registered by the Registrar upon payment of such fee as may be prescribed. Every person receiving such transfer shall, after due registration thereof, be entitled to a certificate thereof under the hand of the Registrar.
Section 10Verify source
§ 11Use of registered brand by unauthorised person ............................................................................................................................. 2Repeal

A person who is not the registered brand owner and lacks the owner’s authority must not put that registered brand on horses, cattle, sheep, or goats.

11. Use of registered brand by unauthorised person Any person, not being the registered proprietor of any brand in any district and not acting with the authority of such proprietor, who shall impose or cause to be imposed upon any horse, cattle, sheep or goat, as the case may be, any such registered brand shall be liable, upon conviction, to a fine not exceeding By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 2 Brands Act, 1913 (Chapter 244) Zambia Repealed three hundred penalty units and, in default of payment, to imprisonment with or without hard labour for any term not exceeding one month. [As amended by Act No. 13 of 1994]
Section 11Verify source
§ 12Evidence of certificate of Registrar ........................................................................................................................................................ 3Provision

In prosecutions for theft or knowing receipt of stolen horses, cattle, sheep, or goats, the prosecution may prove the animal’s brand as evidence, and a Registrar’s certificate is prima facie proof of the registered brand facts.

12. Evidence of certificate of Registrar On the trial of any person for the theft of any horse, cattle, sheep or goat, or for receiving such horse, cattle, sheep or goat or any part or portion thereof, knowing the same to have been stolen, it shall be competent for the prosecution to give evidence that the brand upon the animal alleged to have been stolen is the registered brand of the person alleged to be the owner of such animal, or of some person through or from whom such owner derived his right to such animal, and a certificate under the hand of the Registrar shall constitute prima facie proof of the facts therein stated as to the registration of any brand.
Section 12Verify source
§ 13Burden of proof ............................................................................................................................................................................................. 3Provision

If a person is tried for having possession of an animal with a registered brand, and ownership plus theft are proved, the accused must prove the animal was lawfully or innocently in their possession.

13. Burden of proof On the trial of any such person as aforesaid, who shall have been apprehended in possession of any animal branded with any registered brand, and upon proof being given of the ownership of such animal and that a theft thereof has been committed, the onus of proof that such animal was lawfully or innocently in his possession shall rest upon the accused person.
Section 13Verify source
§ 14Offence and penalty for wrongfully using brands not registered .............................................................................................. 3Commencement

An animal owner must not mark a registrable animal with an unregistered brand after the Act starts; doing so can lead to a fine and, if the fine is unpaid, imprisonment.

14. Offence and penalty for wrongfully using brands not registered Any owner of any animal of a class in respect of which a brand may be registered who shall, after the commencement of this Act, mark any such animal with any brand not duly registered as his brand under the provisions of this Act, shall be liable to a fine not exceeding one hundred and fifty penalty units and, in default of payment, to imprisonment with or without hard labour for any term not exceeding fourteen days. [As amended by Act No. 13 of 1994]
Section 14Verify source
§ 15Regulations ...................................................................................................................................................................................................... 3Repeal

The Minister may make regulations by statutory instrument for carrying out the Act, including forms, notices, brand transfers, brand sizes, fees, and the Registrar’s procedure. Those regulations may also set a penalty of up to 150 penalty units, or imprisonment of up to 14 days if the fine is not paid.

15. Regulations (1) The Minister may, by statutory instrument, from time to time make, amend, alter or repeal such regulations as may be necessary for the proper carrying out of the provisions of this Act and more especially may prescribe— (a) the forms in which applications for and certificates of registration shall be made; (b) the form and manner of giving any notice required but not specially provided for by this Act; (c) the form in which any transfer of the right to any registered brand shall be effected; (d) the size of any brands entitled to registration, the portions of the body on which animals of the several classes shall respectively be branded, and the order in which different brands shall be imposed; (e) the fees to be paid under the provisions of this Act; (f) the system and procedure to be observed by the Registrar in allotting brands. (2) Such regulations may further impose a penalty not exceeding one hundred and fifty penalty units for any breach thereof or, in default of payment of such fine, imprisonment with or without hard labour for any term not exceeding fourteen days. [As amended by G.N. No. 319 of 1964 and Act No. 13 of 1994] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 3
Section 15Verify source

Legislative relationships

3 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

  • Brands (1) There shall be a public officer or public officers to exercise under this Act

    Section 3

  • Brands appointed for the purposes of this Act

    Section 2

N–S

1 instrument

  • such regulations

    Section 15

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  • 31 Dec 1996 · currentEnglish

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