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Pneumoconiosis Act, 1950

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Jurisdiction: Zambia
Structure: 100 provisions
Citation: Act 27 of 1950
Dates: Undated source snapshot

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

This section gives the Act its short title: the Pneumoconiosis Act. This section defines key terms used in the Act and says the Chief Inspector of Mines’ decision is final if there is a dispute about whether work was infrequent, occasional, or due to a serious emergency. This section defines who counts as a dependant of a deceased miner. The Minister must appoint a Chairman of the Board. The Chairman of the Board may exercise Board powers, subject to section 17 and excluding certain listed powers. The Public Service Commission may appoint certain medical, technical, clerical, accounting, and other officers needed for the efficient performance of the Board, the Bureau, and the Board of Appeal, subject to any public service law.

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Short title .................................................................................................................................................................................................... 1

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

Section 1

Composition of Board of Appeal ............................................................................................................................................ 10

The Board of Appeal must be made up of specified medical officials and practitioners, and a Government pathologist must be added for appeals about post-mortem findings.

Section 26

Power to correct certiﬁcates of ﬁtness ................................................................................................................................ 19

The Bureau must recall and cancel an incorrect certificate of fitness, issue the correct certificate if the Act requires it, or notify affected people if issuing a certificate is not permitted.

Section 52

Restriction of entitlement to a pension ..................................................................................................................................... 29

A miner is not entitled to a pension in several listed family situations.

Section 76

Repeal and saving ............................................................................................................................................................................ 38

This section repeals the Silicosis (Temporary Arrangements) Act, subject to section 24.

Section 101

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Showing 100 of 100 provisions

Amendment 39Repeal 32Provision 15Commencement 12

Part

Part I – Preliminary

§ 1Short title .................................................................................................................................................................................................... 1Short title

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

1. Short title This Act may be cited as the Pneumoconiosis Act. [As amended by No. 15 of 1955]

Section 1Verify source

§ 2Interpretation ............................................................................................................................................................................................. 1Commencement

This section defines key terms used in the Act and says the Chief Inspector of Mines’ decision is final if there is a dispute about whether work was infrequent, occasional, or due to a serious emergency.

2. Interpretation (1) In this Act, unless the context otherwise requires— "actuary" means an actuary appointed by the Minister for the purposes of this Act under section six; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 1 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed "beneﬁt", when used as a noun, means, according to the context, money which has been paid, or the payment of money, or a claim for the payment of money, to or on behalf of a miner or to or on behalf of a dependant of a deceased miner, under the provisions of this Act, or of the repealed Act, because the miner was found to be or to have been suffering from pneumoconiosis or tuberculosis or from both these diseases, but does not include ﬁnancial assistance which the Board is empowered by sections sixty-ﬁve and sixty-six to give in its discretion; and reference to a beneﬁt under any speciﬁc provision of this Act shall be deemed to include reference to a beneﬁt under the corresponding provision of the repealed Act; "Board" means the Pneumoconiosis Compensation Board established under section seven; "Board of Appeal" means the Medical Board of Appeal established under section twenty-ﬁve; "Bureau" means the Pneumoconiosis Medical and Research Bureau established under section twenty; "certiﬁcate of ﬁtness" means any of the following certiﬁcates issued by the Bureau under this Act: (a) an initial certiﬁcate; (b) an initial (restricted) certiﬁcate; (c) a periodical certiﬁcate; (d) a periodical (restricted) certiﬁcate; (e) a special certiﬁcate; "certiﬁcation" and any part of the verb "certify", in relation to an act by the Bureau, means the issue by the Bureau of a report that there is or are present in any person pneumoconiosis or tuberculosis or both those diseases; "Chairman of the Board" means the Chairman of the Pneumoconiosis Compensation Board appointed under the provisions of section four; "child" means an unmarried son or daughter and includes— (a) an illegitimate child; (b) a posthumous child; (c) a stepchild, which term shall be deemed to include an illegitimate child of the wife of a miner or of any woman with whom the miner was, in the opinion of the Board, living as man and wife at the time of ﬁrst certiﬁcation, if such child was wholly or partly supported by the miner; (d) a child adopted under the provisions of the Adoption Act, or adopted prior to the commencement of that Act or outside Zambia, if the child was in fact adopted prior to the ﬁrst certiﬁcation of the adoptive father by the Bureau; "commencement of this Act" means, in relation to any particular provision of this Act, the date of commencement of that provision: "commonwealth" means— (a) the self-governing members of the Commonwealth; (b) all British colonies; (c) all states and territories under the protection of Her Britannic Majesty through Her Government in the United Kingdom; and (2) For the purposes of the deﬁnition of "miner" in subsection (1), "working" does not include the performance of infrequent inspection or other occasional duties underground or in scheduled places or the performance underground or in a scheduled place of any work or duty necessitated by By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 2 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed and performed during any serious emergency. In the event of any doubt or dispute whether duties are infrequent, occasional or otherwise, or whether any emergency was serious or not, or as to the duration of any emergency, the decision of the person carrying out the duties of Chief Inspector of Mines under the Mines and Minerals Act shall be ﬁnal. [Cap. 213] [As amended by No. 31 of 1951, No. 15 of 1955, No. 42 of 1956, No. 3 of 1957, No. 30 of 1962, No. 76 of 1963, S.I. No. 124 of 1965 and No. 77 of 1965]

Section 2Verify source

§ 3Dependants of miner .............................................................................................................................................................................. 3Repeal

This section defines who counts as a dependant of a deceased miner.

3. Dependants of miner (1) For the purposes of this Act, the following persons shall be deemed to be dependants of a deceased miner: (a) any widow of such miner who did not desert him during his lifetime or who, having so deserted him, bona ﬁde returned to him before his death; or, if there is no such widow, any woman with whom such miner was, in the opinion of the Board, living as man and wife at the time of his death, and any such woman shall, for the purposes of this Act, be deemed to be his widow; (b) (c) the children of such miner, either under the age of eighteen years or, in the opinion of the Board, incapable by reason of ill health or physical or mental inﬁrmity of earning their own living; the children of such miner who, but for the fact that they are over the age of eighteen years, would be deemed to be dependants under the provisions of paragraph (b), who are under the age of twenty-ﬁve years and are attending a full-time educational course: Provided that— (i) the persons speciﬁed in this subsection shall only be deemed to be dependants of the deceased miner so long as they remain unmarried; (ii) a stepchild shall be deemed to be a dependant of the deceased miner only if such child was, in the opinion of the Board, dependent upon such miner before the date upon which such miner ﬁrst became entitled to a pension under the provisions of this Act. (iii) an adopted child shall be deemed to be a dependant of the deceased miner only if such child was, in the opinion of the Board, dependent upon him at the time of ﬁrst certiﬁcation by the Bureau. (2) In default of any dependent of a deceased miner under the provisions of subsection (1), and subject to the provisions of paragraph (c) of subsection (2) of section sixty-eight and of subsection (2) of section seventy-seven, such of the following persons shall be deemed to be dependants of such deceased miner as, in the opinion of the Board, were dependent upon him at the time of his death and who have not contracted a marriage since the death of such miner: (a) his children over the age of eighteen years; (b) his father, mother, stepfather and stepmother; (c) his brother, sister, half-brother, half-sister and any of their children; (d) his grandparents and grandchildren; and (e) any other relation of his by consanguinity or afﬁnity. [As amended by No. 31 of 1951 and No. 77 of 1965] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 3 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed Part II – Administration Appointment of Ofﬁcers

Section 3Verify source

Part

Part II – Administration

§ 4Appointment of Chairman of Board ........................................................................................................................................... 4Amendment

The Minister must appoint a Chairman of the Board. The Chairman of the Board may exercise Board powers, subject to section 17 and excluding certain listed powers.

4. Appointment of Chairman of Board (1) The Minister shall appoint a Chairman of the Board. (2) Subject to the provisions of section seventeen, the Chairman of the Board may exercise all or any of the powers conferred upon the Board by this Act other than— (a) the powers conferred upon the Board by Part VI; and (b) the powers of the Board relating to the borrowing, lending and investment of money, and the realisation of investments. [As amended by No. 1 of 1951, No. 25 of 1952, No. 15 of 1955 and No. 77 of 1965]

Section 4Verify source

§ 5Appointment of medical and other Ofﬁcers ........................................................................................................................... 4Amendment

The Public Service Commission may appoint certain medical, technical, clerical, accounting, and other officers needed for the efficient performance of the Board, the Bureau, and the Board of Appeal, subject to any public service law.

5. Appointment of medical and other Ofﬁcers Subject to the provisions of any law for the time being in force relating to the public service, the Public Service Commission may appoint such medical, technical, clerical, accounting and other Ofﬁcers as may be necessary for the efﬁcient performance of the functions of the Board, the Bureau and the Board of Appeal. [As amended by No. 15 of 1955 and S.I. No. 124 of 1965]

Section 5Verify source

§ 6Appointment of actuary .................................................................................................................................................................. 4Amendment

The Minister must appoint an actuary from time to time.

6. Appointment of actuary The Minister shall from time to time appoint an actuary for the performance of the special duties speciﬁed in Part VI and for the performance of any other duties which the Board or Bureau may desire to refer to such ofﬁcer. [As amended by No. 77 of 1965] Pneumoconiosis Compensation Board

Section 6Verify source

§ 7Establishment of Board ................................................................................................................................................................... 4Commencement

On commencement of the Act, a Board called the Pneumoconiosis Compensation Board is established.

7. Establishment of Board (1) Upon the commencement of this Act there shall be established a Board to be known as the Pneumoconiosis Compensation Board. (2) The Board shall be a body corporate capable of suing and 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 do by law and may be necessary for or incidental to the carrying out of the powers, duties and functions of the Board under this Act. [As amended by No. 3 of 1957]

Section 7Verify source

§ 8Composition of Board ...................................................................................................................................................................... 4Repeal

This section sets out who must make up the Board and how alternate members and some replacements are appointed.

8. Composition of Board (1) The Board shall consist of the Chairman of the Board and the following other members: (a) the Workers' Compensation Commissioner; (b) the Medical Superintendent of the Central Hospital, Kitwe; (c) the Director of the Bureau; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 4 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed (d) one member representing the Minister; (e) one member to be nominated by the Minister responsible for ﬁnance and appointed by the Minister; (f) two members to be appointed by the Minister from persons nominated by the registered trade unions representing the employees of the scheduled mines; (g) one member to be nominated by Mindeco Limited and appointed by the Minister; (h) one member to be nominated by Roan Consolidated Mines Limited and appointed by the Minister; and (i) one member to be nominated by Nchanga Consolidated Copper Mines Limited and appointed by the Minister. (2) For each of the members of the Board other than the Chairman there shall be appointed an alternate member, and the provisions of subsection (3) and of section nine shall apply to alternate members. The alternate members shall be appointed by the Minister, and, in the case of alternate members for the members mentioned in paragraphs (e) to (i) of subsection (1), they shall be nominated in the manner prescribed in the aforementioned paragraphs (e) to (i) before they are so appointed. (3) If any of the persons mentioned in paragraphs (f) to (i) of subsection (1) fails, neglects or refuses to submit a nomination or nominations, as the case may be, pursuant to subsection (1) or (2), the Minister may, in lieu thereof, appoint such person or persons as he may deem ﬁt to be a member or members of the Board. [No. 25 of 1971]

Section 8Verify source

§ 9Terms of ofﬁce of members of Board ........................................................................................................................................ 5Amendment

Board members appointed under the specified paragraphs serve for three years and may be reappointed. The Minister can declare a member’s appointment vacant in certain cases, appoint someone to fill the vacancy, and appoint an acting person when a member is absent. If the chairman is absent at a meeting, the members present must elect a chairman for that meeting.

9. Terms of ofﬁce of members of Board (1) Subject to the provisions of subsection (2), the members of the Board appointed under paragraphs (f) to (i) of subsection (1) of section eight shall hold ofﬁce for three years and shall be eligible for reappointment. (2) The Minister may declare the appointment of any such member to be vacated if he is satisﬁed that such member— (a) has died; or (b) has been absent from three consecutive meetings of the Board without the permission of the Board; or (c) is incapacitated by physical or mental illness; or (d) is otherwise unﬁt or unable to discharge his functions as a member of the Board; and in such case the Minister shall appoint to ﬁll the vacancy a person chosen in the same manner as such member was chosen. (3) If any of the members of the Board appointed under paragraphs (f) to (i) of subsection (1) of section eight is prevented by illness, absence from Zambia or other speciﬁc cause from exercising his functions as a member of the Board, the Minister may appoint any person to act for such member during his absence. The provisions of paragraph (f), (g), (h) or (i), as the case may be, of subsection (1) of section eight, shall apply to the appointment of such a person. (4) If at any meeting of the Board the Chairman of the Board is absent, the members of the Board who are present shall elect as chairman for that meeting one of the members present who is mentioned in paragraph (a), (b), (e) or (f) of subsection (1) of section eight. [As amended by No. 15 of 1955, No. 12 of 1960, No. 77 of 1965 and No. 25 of 1971] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 5 Pneumoconiosis Act, 1950 (Chapter 217)

Section 9Verify source

§ 10Meetings of Board and quorum ................................................................................................................................................ 6Repeal

The Board must meet at least once every three months, five members make a quorum, and the chairman has a casting vote if votes are tied.

10. Meetings of Board and quorum Zambia Repealed (1) Meetings of the Board shall be held as often as may be necessary, but not less frequently than once in any three months. (2) Five members of the Board, of whom one may be the chairman, shall form a quorum at any meeting thereof. (3) The decision of the majority of the members of the Board present at any meeting shall constitute a decision of the Board: Provided that in the event of an equality of votes, the chairman at the meeting shall have a casting vote in addition to his deliberative vote. (4) An alternate member may attend and take part in the proceedings at any meeting of the Board notwithstanding the presence at such meeting of the member to whom he is alternate, but shall not be entitled to a vote unless the member to whom he is alternate is absent. (5) Subject to the provisions of this Act, the procedure at meetings of the Board shall be determined by the Board.

Section 10Verify source

§ 11General powers, duties and functions of Board .................................................................................................................. 6Amendment

The Board must carry out the Act’s benefit and funding provisions, control and administer funds under the Act, decide who is entitled to benefits and what they get, and pay those benefits. It may also make recommendations to the Minister about improving the Act and related regulations.

11. General powers, duties and functions of Board (1) It shall be the duty of the Board generally to carry into effect the provisions of this Act relating to the award of beneﬁts, the obtaining of funds from owners of scheduled mines and such other matters as are provided for in Parts IV, V and VI, and, in particular, the Board shall— (a) control and administer all funds and moneys placed under the control or at the disposal of the Board by or under this Act; and (b) determine what persons are entitled to beneﬁts under this Act and the beneﬁts to which such persons are entitled, and shall pay such beneﬁts from the funds at the disposal of the Board. (2) The Board may from time to time make such recommendations to the Minister as it may deem desirable for the improvement of this Act and of any regulations made thereunder. [As amended by No. 77 of 1965]

Section 11Verify source

§ 12Transfer of assets and liabilities of former Board .............................................................................................................. 6Commencement

Assets and liabilities of the former Board pass to the Board at the start of the Act, and earlier acts of the former Board are treated as acts of the Board for this Act.

12. Transfer of assets and liabilities of former Board (1) All assets and liabilities which at the commencement of this Act were assets and liabilities of the former Board shall devolve upon the Board. (2) For the purposes of this Act all acts performed by the former Board under and in accordance with the provisions of the repealed Act shall be deemed to have been done by the Board under and in accordance with the provisions of this Act.

Section 12Verify source

§ 13Deposit and investment of moneys ......................................................................................................................................... 6Repeal

The Board must deposit all revenue in a Board account at a bank approved by the Minister, cannot pay out money except by a Board-signed order from two designated persons, and may invest Fund money only in the listed investment types.

13. Deposit and investment of moneys (1) The Board shall deposit all its revenue in an account, in the name of the Board, at a bank or banks approved by the Minister and shall not pay out any money except by means of an order signed by two persons designated by the Board directing such bank or banks to pay the sum or sums in question on behalf of the Board. (2) The Board may invest any moneys belonging to the Fund in any of the following ways: (a) (b) in investments which are trustee investments within the meaning of the British Act known as the Trustee Act, 1925, or any Act amending the same or substituted therefor; in public stock, funds or debentures issued or guaranteed by the Government or of any part of the Commonwealth; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 6 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed (c) on ﬁxed deposit with any bank carrying on business within Zambia; (d) in the Post Ofﬁce Savings Bank; (e) in any stock of a municipal council, or of a public utility corporation, or institution not carrying on business for gain, where such council, corporation or institution is within the Commonwealth; (f) in any other investment approved by the Minister. [As amended by No. 31 of 1951, No. 25 of 1952, G.N. No. 233 of 1964, S.I. No. 124 of 1965 and No. 77 of 1965]

Section 13Verify source

§ 14Power to borrow money .............................................................................................................................................................. 7Amendment

The Board may borrow money, but only with the Minister’s consent.

14. Power to borrow money The Board may, with the consent of the Minister, borrow money for the purpose of any function which the Board is by this Act required to perform. [As amended by No. 77 of 1965]

Section 14Verify source

§ 15Accounts and audit ........................................................................................................................................................................ 7Amendment

The Board must keep full and true accounts, balance and audit them yearly, maintain proper records, and send annual reports and audited statements to the Minister.

15. Accounts and audit (1) The Board shall cause full and true accounts to be kept in respect of the Fund showing— (a) the investments of the Fund; (b) all sums received by or due to the Fund from any source; (c) all moneys paid out by the Board; and (d) all ascertained liabilities of the Fund. (2) The Board shall cause the books and accounts of the Fund to be balanced every year up to the last day of December in such year, and a balance to be made up showing, as at that date, the assets of the Fund, including the investments, and the existing and accruing liabilities thereof. (3) The Board shall cause proper books of account and other records to be kept in relation to its undertakings and property, and shall prepare yearly balance sheets, made up to the 31st December of each year, showing in all necessary detail the assets, liabilities, revenue and expenditure of the Board. (4) All accounts kept by the Board shall be audited by an auditor chosen by the Board and approved by the Minister. (5) The Board shall, as soon as possible after the end of each year ending on the 31st December, furnish to the Minister a report upon its working operations during such year. (6) The Board shall furnish to the Minister, either together with the report referred to in subsection (5) or as soon thereafter as practicable, a balance sheet and a complete statement, duly audited and accompanied by the report of the auditor, of the Board's revenue and expenditure during the year covered by the said report. [As amended by No. 31 of 1951 and No. 77 of 1965]

Section 15Verify source

§ 16Power to summon witnesses and take evidence ................................................................................................................ 7Repeal

The Board may summon witnesses, examine them on oath, and require documents for determining matters before it.

16. Power to summon witnesses and take evidence (1) For the purpose of determining any matter the Board shall, in addition to its other functions and powers, have the same powers as are vested in a subordinate court to summon witnesses and to examine them on oath and to call for the production of documents. (2) A summons for the attendance of a witness or for the production of any book, document or record before the Board shall be signed and issued by the Chairman of the Board, and shall be served in the By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 7 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed same manner as a summons for the attendance of a witness at a criminal trial before a subordinate court. (3) Any person summoned to give evidence or to produce any book, document or record or giving evidence before the Board shall be entitled to the same privileges and immunities as if he were summoned to attend or were giving evidence at a trial before a subordinate court. (4) If any person who has been summoned to give evidence or to produce any book, document or record before the Board fails, neglects or refuses without reasonable excuse— (a) to attend in obedience to such summons; or (b) to be sworn as a witness; or (c) having been sworn, to answer fully and to the best of his knowledge any question lawfully put to him; or (d) to produce any such book, document or record; he shall be guilty of an offence. [As amended by No. 31 of 1951]

Section 16Verify source

§ 17Exercise of powers of Board by Chairman of Board .......................................................................................................... 8Repeal

The Chairman of the Board must report his exercise of Board powers to each Board meeting, and provisional awards can be delayed for written representations if a beneficiary asks within 14 days.

17. Exercise of powers of Board by Chairman of Board (1) The Chairman of the Board shall submit to each meeting of the Board, with such details as the Board may require, a report as to his exercise under subsection (2) of section four, of the powers of the Board since the previous meeting of the Board. (2) The amount and nature and method of payment of every beneﬁt under this Act awarded by the Chairman of the Board in exercise of the powers of the Board shall be provisional, pending conﬁrmation or variation by the Board, and the beneﬁciary concerned or a person acting on his behalf, when notiﬁed of the award of the Chairman of the Board, shall be notiﬁed that the amount, nature and method of payment thereof are provisional and such person shall, in due course, be notiﬁed of the conﬁrmation or variation by the Board of the amount, nature and method of payment of such provisional award. (3) A beneﬁciary or a person acting on his behalf, who, on receipt of notice of a provisional award, desires to make representations concerning any or all of the terms of such provisional award before the Board proceeds to conﬁrm or vary the same shall, within fourteen days of the receipt of such notice, request the Chairman of the Board in writing to delay consideration by the Board of such provisional award until representations with regard to its terms have been received by him in writing. (4) When the Chairman of the Board has received a written request to delay consideration by the Board as provided for in subsection (3), he shall not submit the provisional award in question to the Board for conﬁrmation or variation until the meeting of the Board next following a period of forty days subsequent to the date of service of notice of the provisional award. (5) When notice of a request has been given to the Chairman of the Board under subsection (3), the Chairman of the Board shall, at the meeting of the Board referred to in subsection (4), put the provisional award in question before the Board for conﬁrmation or variation, either with or, if none has been received, without the written representations referred to in subsection (3), and the Board may then proceed to conﬁrm or vary such provisional award. (6) If the Chairman of the Board, when considering any matter relating to the payment to any person of a beneﬁt, deems it expedient not to exercise the powers conferred upon him by subsection (2) of section four, he shall refer the matter to the Board, either at its next meeting or by circulation to all members, and shall inform the person whose beneﬁt is in question that the matter has been so referred. [As amended by No. 15 of 1955 and No. 30 of 1962] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 8 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed

Section 17Verify source

§ 18Finality of Board's decisions ....................................................................................................................................................... 9Amendment

The Board’s findings, opinions, and determinations are final unless another rule specifically says otherwise.

18. Finality of Board's decisions Except where speciﬁcally provided, every ﬁnding, opinion and determination of the Board shall be ﬁnal. [As amended by No. 31 of 1951]

Section 18Verify source

§ 19Recovery by Board of money paid in error ........................................................................................................................... 9Provision

If the Board paid money to or for someone by mistake, it may recover that amount, including by deducting it from benefits due now or later.

19. Recovery by Board of money paid in error Subject to the provisions of section eighty, where the Board has paid to or for the beneﬁt of any person any sum of money which was not due to that person, the Board may recover such sum either directly or by deduction from any beneﬁt to which such person has or will become entitled. Pneumoconiosis Medical and Research Bureau

Section 19Verify source

§ 20Establishment of Bureau ............................................................................................................................................................. 9Commencement

When this Act commences, a Pneumoconiosis Medical and Research Bureau must be established.

20. Establishment of Bureau Upon the commencement of this Act there shall be established a Pneumoconiosis Medical and Research Bureau for the purpose of carrying into effect the provisions of Part III and carrying out the functions of the examining and certifying medical authority under this Act. [As amended by No. 3 of 1957]

Section 20Verify source

§ 21Composition of Bureau ................................................................................................................................................................. 9Amendment

The Bureau must have a director, a deputy director, and any other members appointed by the Minister; all of them must be medical practitioners in Government service.

21. Composition of Bureau The Bureau shall consist of a director, deputy director and such other members as the Minister may appoint. The director, deputy director and other members shall be medical practitioners in the service of the Government. [As amended by No. 15 of 1955, No. 3 of 1957 and No. 7 of 1965]

Section 21Verify source

§ 22Function and control of Bureau ................................................................................................................................................ 9Amendment

The Bureau works under the Director’s control and must work with the Board.

22. Function and control of Bureau The Bureau shall be under the direction and control of the Director of the Bureau and shall work in conjunction with the Board, and on all purely medical questions the advice and decision of the Bureau shall, subject to the provisions of section twenty-eight, be accepted by the Board and by any other person interested under this Act. [No. 15 of 1955 as amended by No. 3 of 1957]

Section 22Verify source

§ 23Conduct of medical examinations and issue of certiﬁcates and reports by Bureau ............................................... 9Repeal

The Bureau must conduct required medical examinations and issue the specified certificates and reports, and approved medical practitioners must send their reports and chest radiographs to the Bureau.

23. Conduct of medical examinations and issue of certiﬁcates and reports by Bureau Except where otherwise speciﬁcally provided, the Bureau shall— (a) conduct all medical examinations required under this Act. In the case of a person who is resident outside Zambia, the Bureau may, in its discretion, and subject to the payment of any expenses involved by the person concerned, authorise the performance of a medical examination by a medical practitioner or medical practitioners approved by the Bureau for the purpose, but the Bureau shall interpret the ﬁndings of such examination and no certiﬁcate or report on any medical matter other than a certiﬁcate or a report by the Bureau or the Board of Appeal shall be valid for any purpose of this Act. Medical practitioners approved as aforesaid shall send to the Bureau a report written on a form to be supplied by the Bureau of the ﬁndings of each examination made together with a radiograph, to the satisfaction of the Bureau, of the chest of each person examined; (b) issue all the certiﬁcates and reports referred to in Part III except those required under the provisions of subsection (1) of section thirty-one. Certiﬁcates and reports issued by the Bureau shall, subject to any ﬁnding of the Board of Appeal, be in accordance with the interpretation by the Bureau of the ﬁndings at examinations carried out in accordance with the provisions of paragraph (a). By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 9 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed

Section 23Verify source

§ 24Validity of examinations, certiﬁcates of ﬁtness and reports issued prior to the commencement of thisCommencement

Earlier medical examinations, certificates of fitness, and reports are treated as if they were issued by the Bureau under this Act.

24. Validity of examinations, certiﬁcates of ﬁtness and reports issued prior to the commencement of this Act All medical examinations and all certiﬁcates and reports which were validated by section forty-eight of the repealed Act, and all medical examinations and all reports and certiﬁcates of ﬁtness performed or issued by the Director of Medical Services, or by the former Bureau in accordance with the arrangements made under the authority of section twenty-three of the repealed Act before the commencement of this Act, shall be deemed to have been performed and issued by the Bureau established under this Act and such reports and certiﬁcates shall be accepted by the Board and by every person interested under this Act in like manner as if they had been issued by the Bureau. Medical Board of Appeal

Section 24Verify source

§ 25Establishment of Board of Appeal ......................................................................................................................................... 10Commencement

A Medical Board of Appeal is to be established when the Act starts, and appeals against Bureau decisions go to it under section 28.

25. Establishment of Board of Appeal Upon the commencement of this Act, there shall be established a Medical Board of Appeal to which appeals against decisions of the Bureau shall lie in accordance with section twenty-eight.

Section 25Verify source

§ 26Composition of Board of Appeal ............................................................................................................................................ 10Amendment

The Board of Appeal must be made up of specified medical officials and practitioners, and a Government pathologist must be added for appeals about post-mortem findings.

26. Composition of Board of Appeal (1) The Board of Appeal shall consist of the Director of Medical Services, who shall be the chairman of the Board of Appeal, the Director of the Bureau, one of the medical staff of the Bureau nominated by the Director of the Bureau and appointed by the Minister, and two medical practitioners in the service of the Government nominated by the Director of Medical Services and appointed by the Minister. (2) When an appeal concerns a report by the Bureau upon the ﬁndings resulting from a post-mortem examination, there shall be added to the Board as a member thereof a Government pathologist, who shall be nominated by the Director of Medical Services and appointed by the Minister. [As amended by No. 15 of 1955, No. 3 of 1957, No. 76 of 1963 and No. 77 of 1965]

Section 26Verify source

§ 27Meetings of Board of Appeal ................................................................................................................................................... 10Provision

The Board of Appeal must meet as often as necessary and must consider appeals made under the Act and questions referred under section 33.

27. Meetings of Board of Appeal The Board of Appeal shall meet as often as may be necessary, and shall consider all appeals which may be made to it in accordance with the provisions of this Act and all questions referred to it under section thirty-three.

Section 27Verify source

§ 28Appeals to Board of Appeal ..................................................................................................................................................... 10Repeal

Miners and certain dependants may appeal Bureau reports to the Board of Appeal within 30 days, subject to conditions and a limited exception.

28. Appeals to Board of Appeal (1) Subject to such conditions as may be prescribed, any miner who is dissatisﬁed with a report of the Bureau on any prescribed examination other than an initial examination, and who has not accepted any beneﬁt under an award made as the result of such report, may, within thirty days after the receipt by him of the Bureau's report on such examination, appeal to the Board of Appeal, whose decision thereon shall, subject to the provisions of section thirty-two, be ﬁnal, and shall not be subject to any further review or appeal. (2) Whenever any dependant of a deceased miner is dissatisﬁed with the report of the Bureau as to the cause of such miner's death, or as to whether such miner did or did not have pneumoconiosis or tuberculosis, or both these diseases, at the time of his death, and if such dependant has not accepted any beneﬁt under an award made by the Board as a result of such report, he may, within thirty days after the receipt by him of the Bureau's report, appeal to the Board of Appeal, whose decision shall, subject to the provisions of section thirty-two, be ﬁnal, and shall not be subject to any further review or appeal: By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 10 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed Provided that the acceptance of any beneﬁt shall not debar a beneﬁciary from appealing to the Board of Appeal if the appeal is based upon any fact of which the appellant was not aware at the time of such acceptance. [As amended by No. 31 of 1951 and No. 15 of 1955]

Section 28Verify source

§ 29Records in custody of Bureau to be available for appeals ........................................................................................... 11Provision

If the Board of Appeal is hearing an appeal against a Bureau decision, the Bureau must make relevant records available to it.

29. Records in custody of Bureau to be available for appeals When the Board of Appeal is considering any appeal against a decision of the Bureau, all radiographic, clinical and other records which are in the custody of the Bureau, and which relate to the subject-matter of the appeal, shall be made available to the Board of Appeal.

Section 29Verify source

§ 30Certiﬁed copies of records in custody of Bureau to be admissible as evidence of contents ............................. 11Provision

Certified copies of certain records held by the Bureau may be used as evidence in court.

30. Certiﬁed copies of records in custody of Bureau to be admissible as evidence of contents Any microﬁlmed or photostat copy of any radiographic, clinical or other similar records in the custody of the Bureau purporting to be certiﬁed as a true copy of any such record by the Director of the Bureau shall be admissible as evidence of the matters contained therein in all proceedings before a court. [No. 77 of 1965]

Section 30Verify source

§ 31Reports on appeals ..................................................................................................................................................................... 11Amendment

After each appeal hearing, the Board of Appeal must issue a report stating its decision.

31. Reports on appeals (1) After the hearing of every appeal under the provisions of this Act, a report stating its decision in respect of the subject of the appeal shall be issued by the Board of Appeal. (2) Any report which is issued under the provisions of subsection (1) shall be sent to the appellant, and a copy of the report shall be sent to the employer or former employer, as the case may be, to the Board and to the Bureau. [As amended by No. 30 of 1962]

Section 31Verify source

§ 32Correction of reports .................................................................................................................................................................. 11Provision

The Board of Appeal may issue a correct report if it later finds the original report was incorrect when issued.

32. Correction of reports (1) When the Board of Appeal has issued a report and subsequently is satisﬁed that at the date of issue such report was incorrect, the Board of Appeal may issue a correct report which shall, subject to the provisions of section eighty, supersede and cancel the incorrect report. (2) When a correct report has been issued under the provisions of subsection (1), the provisions of subsection (2) of section thirty-one shall apply in respect of the issue of such correct report.

Section 32Verify source

§ 33Reference of questions for opinion of Board of Appeal ................................................................................................ 11Repeal

The Bureau may ask the Board of Appeal for medical advice, but its opinion is not binding. It is an offence to employ or work as a miner contrary to certificate-of-fitness rules, including expired, invalid, restricted, or over-hours work limits, subject to a limited continuation exception.

33. Reference of questions for opinion of Board of Appeal The Bureau may refer any medical questions for the opinion of the Board of Appeal, but when such reference is made by the Bureau, the opinion of the Board of Appeal shall not be binding upon the Bureau in respect of any decision arrived at, or to be arrived at, by the Bureau. Part III – Medical examinations, certiﬁcates of ﬁtness and reports General 34. No employment without, or in breach of, a certiﬁcate of ﬁtness Any person who— (a) employs as a miner any person who is not the subject of a valid certiﬁcate of ﬁtness; or By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 11 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed (b) employs as a miner any person who is the subject of an initial (restricted) certiﬁcate or a periodical (restricted) certiﬁcate otherwise than in accordance with the restrictions set out in such certiﬁcate; or (c) employs as a miner any person who is the subject of a special certiﬁcate for more than an aggregate of one hundred hours in any period of thirty days; or (d) works as a miner without being the subject of a valid certiﬁcate of ﬁtness; or (e) being the subject of an initial (restricted) certiﬁcate or periodical (restricted) certiﬁcate, works as a miner otherwise than in accordance with the restrictions set out in such certiﬁcate; or (f) being the subject of a special certiﬁcate, works as a miner for more than an aggregate of one hundred hours in any period of thirty days; shall be guilty of an offence: Provided that when a miner is or is to be presented for examination under section forty-one, the continuation of his working or employment as a miner up to ﬁfteen days or for such longer period as the Bureau may authorise in writing with reference to him, after the validity of his certiﬁcate of ﬁtness has expired, shall not constitute an offence against the provisions of this Act. [As amended by No. 30 of 1962]

Section 33Verify source

Part

Part III – Medical examinations, certiﬁcates of ﬁtness and reports

§ 35Method of obtaining certiﬁcate of ﬁtness .......................................................................................................................... 12Amendment

To get a certificate of fitness, the person must undergo the prescribed examination.

35. Method of obtaining certiﬁcate of ﬁtness (1) In order to obtain a certiﬁcate of ﬁtness, the person concerned shall undergo the appropriate examination prescribed by this Act as hereinafter provided. (2) Any employer or prospective employer desiring to present any person for a prescribed examination shall do so at a date and time to be arranged between the Bureau, or medical practitioner outside Zambia authorised by the Bureau under paragraph (a) of section twenty-three, and such employer or prospective employer. (3) Any person not employed as a miner or having no deﬁnite offer of employment as a miner, who desires to undergo a prescribed examination, shall apply to the Bureau in person or in writing and shall attend for examination at the date and time ﬁxed by the Bureau for the purpose. [As amended by No. 30 of 1962]

Section 35Verify source

§ 36Application forms for prescribed examinations ................................................................................................................ 12Repeal

Before a prescribed examination, the form must be completed and delivered to the Bureau; depending on the case, the employer or the person being examined must fill in and sign the form. Knowingly making or causing a false statement is an offence, and failure to return a fitness certificate when required can lead to a fine.

36. Application forms for prescribed examinations (1) Before any prescribed examination is carried out, the ﬁrst part, that is to say, the statement as to the nature of the examination, personal particulars, occupational history and declaration as to the truth of the particulars given, of the appropriate form supplied by the Bureau shall be completed and delivered to the Bureau at the same time as the person concerned presents himself, or is presented, for examination. (2) In the case of a miner in employment as such, or a person presented by an employer for engagement as a miner, such required particulars shall be entered on the form by the employer or prospective employer, and the declaration that the particulars are correct shall be signed by such employer or prospective employer and by such miner or person presented for engagement as a miner, as the case may be. (3) In all other cases the person to be examined shall enter or cause to be entered on his behalf such required particulars on the form and shall, as the Bureau may require, sign, or afﬁx his thumbprint to, the declaration that the particulars are correct. (4) Any person who knowingly makes a false statement on such form, and any person who knowingly leads any other person to record a false statement on any such form, shall be guilty of an offence. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 12 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed (5) When any person is convicted of an offence under subsection (4) the court convicting him may, if it is satisﬁed that the Bureau has issued to or in respect of the convicted person any certiﬁcate of ﬁtness or report which, but for the false statement, would not have been issued, direct that such certiﬁcate or report shall forthwith be cancelled and the person having custody of any such certiﬁcate of ﬁtness shall forthwith return the same to the Bureau for cancellation. (6) Any person who fails to return a certiﬁcate of ﬁtness to the Bureau in accordance with subsection (5) shall be guilty of an offence and liable to a ﬁne of three hundred penalty units. [As amended by No. 31 of 1951, No. 30 of 1962 and Act No. 13 of 1994]

Section 36Verify source

§ 37Existing, expired or expiring certiﬁcates of ﬁtness to be delivered to Bureau at every examination ............. 13Repeal

At each prescribed examination, the miner’s certificate of fitness must be delivered to the Bureau before the new examination is done; the Bureau may still proceed if the missing certificate was lost or destroyed.

37. Existing, expired or expiring certiﬁcates of ﬁtness to be delivered to Bureau at every examination (1) On the occasion of every prescribed examination of a person who is in employment as a miner, the employer having the custody of the miner's certiﬁcate of ﬁtness shall cause such certiﬁcate to be delivered to the Bureau before the new examination may be performed. (2) On the occasion of every prescribed examination of a person who is not at the time of examination in employment as a miner but in respect of whom any certiﬁcate under this Part or under the repealed Act has been issued and has not been returned to the Bureau, such certiﬁcate shall, whether valid or expired, be delivered to the Bureau before the new examination may be performed. (3) Notwithstanding the provisions of subsections (1) and (2), the Bureau may, if satisﬁed that a certiﬁcate not delivered as required has been lost or destroyed, proceed with an examination and issue a certiﬁcate appropriate to the case, having regard to the Bureau's records of previous examinations and certiﬁcates in respect of the person concerned.

Section 37Verify source

§ 38Stages of pneumoconiosis ........................................................................................................................................................ 13Repeal

The Bureau must examine a person and certify the stage of pneumoconiosis if the medical criteria for that stage are met.

38. Stages of pneumoconiosis (1) Upon any prescribed examination, after both clinical and radiological examination of the person examined, and having regard to the occupational history of such person and to any other factor considered by the Bureau to be relevant— (a) if the Bureau is satisﬁed that pneumoconiosis is present in the lungs of such person and that such pneumoconiosis shows— (i) radiological evidence of nodulation accompanied by no, or only very slight, incapacity; or (ii) no radiological evidence of nodulation but is accompanied by moderate incapacity; the Bureau shall certify that such person is suffering from pneumoconiosis in the ﬁrst stage; or (b) if the Bureau is satisﬁed that pneumoconiosis is present in the lungs of such person and is accompanied by deﬁnite and appreciable incapacity, the Bureau shall certify that such person is suffering from pneumoconiosis in the second stage; or (c) if the Bureau is satisﬁed— (i) that pneumoconiosis is present in an advanced stage in the lungs of such person; and (ii) that such pneumoconiosis is accompanied by serious incapacity; the Bureau shall certify that such person is suffering from pneumoconiosis in the third stage; and, subject to any appeal entered under the provisions of section twenty-eight, any such certiﬁcate of the Bureau shall be conclusive evidence for the purposes of this Act that such person is suffering from the stage of pneumoconiosis speciﬁed in such certiﬁcate. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 13 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed (2) For the purposes of this section, "incapacity" means physical incapacity, attributable to pneumoconiosis, for his work on the part of the person concerned. [No. 15 of 1955] Initial examinations

Section 38Verify source

§ 39Initial examinations and issue of initial, initial (restricted) and special certiﬁcates ........................................... 14Repeal

People seeking miner employment may be sent for an initial medical examination, and the Bureau must issue the proper certificate if the person qualifies.

39. Initial examinations and issue of initial, initial (restricted) and special certiﬁcates (1) A person desiring employment as a miner who does not hold a valid certiﬁcate of ﬁtness and who is not eligible for a periodical examination— (a) (b) if he has been offered such employment, shall be presented by his prospective employer to the Bureau for examination; and if he has no deﬁnite offer of such employment, may himself make application to the Bureau for examination. (2) A medical examination performed by the Bureau under the provisions of this section or the interpretation by the Bureau of the ﬁndings of a medical examination performed for a like purpose by an approved medical practitioner in the case of a person resident outside Zambia under paragraph (a) of section twenty-three, as the case may be, shall be known as an initial examination and shall be so described on the prescribed form of application. (3) At every initial examination the candidate shall be clinically and radiologically examined, and upon such examination the Bureau may ﬁnd either— (a) (b) (c) that he is free from tuberculosis and any other respiratory disease and is in every way physically suitable for work as a miner in occupations involving exposure to harmful dust, and entitled accordingly to the issue of an initial certiﬁcate; or that he does not conform to the standard laid down in paragraph (a) but is nevertheless free from tuberculosis and from pneumoconiosis in the third stage and is, in the opinion of the Bureau, medically ﬁt for work as a miner at a particular scheduled mine in some particular occupation or occupations, and eligible accordingly for the issue of an initial (restricted) certiﬁcate; or that he does not conform to the standard laid down in paragraph (a) but is nevertheless free from tuberculosis and from pneumoconiosis in the third stage and is, in the opinion of the Bureau, medically ﬁt for work as a miner for an aggregate of not more than one hundred hours in any one period of thirty days, and is eligible accordingly for the issue of a special certiﬁcate; or (d) that he is not ﬁt for work as a miner at the time of examination but may present himself or be presented for further examination after the expiration of such period as the Bureau may specify; or (e) that he is not ﬁt for work as a miner in any circumstances. (4) Notwithstanding the provisions of section forty, the re-examination for continued employment of a person who has been employed as a miner by virtue of his having been the holder of a special certiﬁcate shall be deemed to be an initial examination, and the provisions of this section shall apply accordingly. (5) Where a person has been examined by the Bureau under this section and has been found to be entitled to or eligible for the issue of a certiﬁcate of ﬁtness as provided in subsection (3), the Bureau shall forthwith issue the appropriate certiﬁcate in the prescribed form: Provided that the Bureau shall not issue an initial (restricted) certiﬁcate or a special certiﬁcate unless it is satisﬁed that suitable employment is or will be available for the candidate. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 14 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed (6) Where a person— (a) is presented for examination by a prospective employer under this section; or (b) applies for examination under this section and satisﬁes the secretary of the Bureau that he genuinely intends to take up employment as a miner; the examination shall be free, but in any other case the examination shall not be performed until the prescribed fee has been paid. All fees payable under this subsection shall be received by the secretary of the Bureau and paid into the general revenues of the Republic. (7) The decision of the Bureau under this section shall be ﬁnal and shall not be subject to review or appeal, and the Bureau shall be under no obligation to reveal to any person the grounds upon which a candidate for mining employment was found to be unﬁt for a certiﬁcate, but may in its discretion do so in any particular case. [As amended by No. 15 of 1955 and S.I. No. 124 of 1965] Periodical examinations

Section 39Verify source

§ 40Periodical examinations ............................................................................................................................................................ 15Amendment

People with a certificate of fitness may be sent to the Bureau for examination, and those not working as miners may apply themselves.

40. Periodical examinations Subject to the provisions of section forty-two, every person, whether in employment as a miner or not, in respect of whom a certiﬁcate of ﬁtness has been issued— (a) if he is in employment as a miner, may be presented to the Bureau by his employer; and (b) if he is not in employment as a miner, may himself apply to the Bureau; for examination for the purpose of ascertaining— (i) whether he is suffering from tuberculosis or pneumoconiosis and, if he is suffering from pneumoconiosis, the stage in which that disease is; or (ii) if he is such a person as is mentioned in the proviso to section forty-two, whether his ﬁtness for work as a miner has been seriously impaired by any disease or by old age. Such examination shall, subject to the provisions of subsection (4) of section thirty-nine, be known as a periodical examination and shall be so described on the prescribed form of application for examination. [As amended by No. 15 of 1955]

Section 40Verify source

§ 41Employer to arrange examination on expiry of certiﬁcate of ﬁtness ........................................................................ 15Provision

An employer who holds a certificate of fitness must arrange, with the Bureau, for the miner to undergo an examination within 15 days before or after the certificate expires.

41. Employer to arrange examination on expiry of certiﬁcate of ﬁtness An employer having the custody of a certiﬁcate of ﬁtness shall, within ﬁfteen days before or after the date of expiry of the validity of such certiﬁcate, arrange with the Bureau for the miner concerned to undergo a periodical examination or, in the case of a person to whom subsection (4) of section thirty-nine applies, the examination prescribed by that subsection.

Section 41Verify source

§ 42Persons eligible for periodical examination ...................................................................................................................... 15Repeal

A person is not eligible for a periodical examination unless the section’s timing, application, medical, and employment conditions are met.

42. Persons eligible for periodical examination No person shall be eligible for a periodical examination— (a) save as otherwise expressly provided in this Act or as may be required by the Bureau or the Board, prior to a date ﬁfteen days before the date of the expiry of the validity of his certiﬁcate of ﬁtness; and (b) unless the application for a periodical examination is made within one year and six months from the date of expiry of the validity of the last certiﬁcate of ﬁtness issued under this Act or under the repealed Act; and By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 15 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed (c) unless at the date of his last examination by the Bureau or former Bureau he was found to be free from tuberculosis and from pneumoconiosis in the third stage; and (d) where his last issued certiﬁcate of ﬁtness was an initial certiﬁcate, unless, during the period of validity of such certiﬁcate, he has been employed as a miner: Provided that paragraph (b) shall not apply in the case of a person who has a deﬁnite offer of employment as a miner and who has worked as a miner at one or more of the scheduled mines for a total of ﬁve years or longer and who has, since he last so worked, not worked in any occupation which, in the opinion of the Bureau, would expose him to the risk of inhaling harmful dust. [As amended by No. 25 of 1952, No. 6 of 1954 and No. 15 of 1955]

Section 42Verify source

§ 43Issue of periodical certiﬁcates of ﬁtness ............................................................................................................................ 16Amendment

At each periodical examination, the Bureau must examine the candidate and decide whether to issue a periodical certificate, a restricted certificate, or refuse issue in specified cases.

43. Issue of periodical certiﬁcates of ﬁtness (1) At every periodical examination the candidate shall be clinically and radiologically examined, and if upon such examination the Bureau ﬁnds that the person examined is free from tuberculosis and from pneumoconiosis in the third stage, the Bureau shall either— (a) issue a certiﬁcate of ﬁtness, to be known as a periodical certiﬁcate; or (b) (c) if the previous certiﬁcate of ﬁtness issued in respect of the person examined is either an initial (restricted) certiﬁcate, or a periodical (restricted) certiﬁcate, issue a certiﬁcate of ﬁtness, to be known as a periodical (restricted) certiﬁcate, which shall contain restrictions of a like nature to those contained in the previous certiﬁcate; or in the case of a person admitted to a periodical examination under the proviso to section forty-two, refuse to issue a periodical certiﬁcate, unless, in addition to freedom from tuberculosis and pneumoconiosis in the third stage, the Bureau ﬁnds that ﬁtness for work as a miner has not been seriously impaired by any disease or by old age. (2) When, at the time of any periodical examination, the Bureau cannot forthwith determine with certainty the presence or absence of tuberculosis, the Bureau may— (a) suspend the validity of an existing certiﬁcate of ﬁtness for the remaining period of its validity or any portion thereof; and (b) withhold the issue of a periodical certiﬁcate for any period not exceeding thirty days. [As amended by No. 15 of 1955] Discharge examinations

Section 43Verify source

§ 44Examination of miners before leave or discharge ........................................................................................................... 16Repeal

Employers must notify the Bureau before certain miners go on leave or stop working, and may have to arrange a Bureau examination.

44. Examination of miners before leave or discharge (1) Every employer shall inform the Bureau— (a) when any miner, whose existing certiﬁcate of ﬁtness when issued was valid for one year and whose total service as a miner is ﬁve years or more, is about to proceed on leave for a period exceeding ninety days or to cease to be employed by such employer: Provided that this paragraph shall not apply to any case in which such miner has been examined within one hundred and eighty days of the date of his proceeding on leave or ceasing to be employed, as the case may be; and (b) when any miner, whose existing certiﬁcate of ﬁtness when issued was valid for less than one year, is about to proceed on leave for a period exceeding thirty-one days or to cease to be employed by such employer. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 16 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed (2) The employer shall, so far as is practicable, supply the information required by subsection (1) not more than fourteen days and not less than seven days before the date on which such miner is due to proceed on leave or to cease to be employed, as the case may be. (3) The Bureau shall, after an examination of its records as to the health of such miner, inform the employer whether such miner is required to present himself for examination. (4) If the Bureau, acting in accordance with subsection (3), requires the examination to be performed, the employer shall instruct and arrange for the miner concerned to present himself for examination by the Bureau and such miner shall so present himself. [No. 31 of 1951 as amended by No. 30 of 1962]

Section 44Verify source

§ 45Description of examination ...................................................................................................................................................... 17Amendment

An examination under section 44 must be called a discharge examination.

45. Description of examination An examination under section forty-four shall be known as a discharge examination and shall be so described upon the prescribed form of application delivered to the Bureau. [As amended by No. 30 of 1962]

Section 45Verify source

§ 46Offence ............................................................................................................................................................................................. 17Amendment

An employer or miner commits an offence if they contravene or fail, without reasonable excuse, to comply with any provision of section 44.

46. Offence Any employer or miner who contravenes or fails without reasonable excuse to comply with any provision of section forty-four shall be guilty of an offence. [As amended by No. 31 of 1951 and No. 30 of 1962] Suspect examinations

Section 46Verify source

§ 47Miners suspected of compensable disease to be examined ......................................................................................... 17Amendment

A doctor employed at a scheduled mine must tell the employer if a miner may have pneumoconiosis or tuberculosis, and the employer must arrange an examination by the Bureau.

47. Miners suspected of compensable disease to be examined When a medical practitioner employed by the owner of a scheduled mine has reason at any time to suspect that any person employed as a miner at such mine may be suffering from pneumoconiosis or tuberculosis, the medical practitioner shall so inform the employer who shall arrange for such miner to be examined by the Bureau. Such examination shall be known for the purposes of this Act as a suspect examination and shall be so described on the prescribed form of application delivered to the Bureau. [As amended by No. 15 of 1955] Beneﬁt examinations

Section 47Verify source

§ 48Examination for beneﬁts ........................................................................................................................................................... 17Repeal

Eligible former miners may apply for and receive a medical examination from the Bureau.

48. Examination for beneﬁts Any person who— (a) was formerly but is no longer employed as a miner; (b) is not the holder of a valid certiﬁcate of ﬁtness; (c) is not qualiﬁed for a periodical examination; and (d) has not, within the twelve months immediately preceding his application, been examined by the Bureau under this section or under arrangements operating under any provision of the repealed Act; may apply for and shall be entitled to receive a medical examination with a view to ascertaining whether he is suffering from a disease which may make him eligible for a beneﬁt under this Act. Such examination shall be known as a beneﬁt examination and shall be so described upon the prescribed form of application for examination delivered to the Bureau. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 17 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed Additional examinations

Section 48Verify source

§ 49Additional examinations of miners on request ................................................................................................................ 18Provision

Miners who meet the stated conditions can request an extra Bureau examination each calendar year, and the Bureau must arrange and perform it.

49. Additional examinations of miners on request (1) A person who is employed as a miner who— (a) believes that he is or may be suffering from respiratory disease which might entitle him to beneﬁt under this Act; (b) (c) submits to the Bureau a written request to be specially examined by the Bureau together with the prescribed form of application for examination; submits with such request a certiﬁcate signed by a registered medical practitioner to the effect that he considers the request and the belief which led to the request to be reasonable; and (d) has informed his employer that he intends to submit a request as aforesaid; shall be entitled to be examined by the Bureau once in any calendar year in addition to any other prescribed examination during that year. Such examination shall be known as an additional examination and shall be so described upon the prescribed form of application for examination delivered to the Bureau. (2) The Bureau shall arrange and perform all additional examinations. Additional examinations shall be both clinical and radiological. Certiﬁcates of ﬁtness

Section 49Verify source

§ 50Particulars to be shown on certiﬁcates of ﬁtness ........................................................................................................... 18Repeal

Certificates of fitness must be in the prescribed form, show required details, and be signed or thumb-printed; a certificate is not valid without the Director’s or Secretary’s signature.

50. Particulars to be shown on certiﬁcates of ﬁtness (1) Every certiﬁcate of ﬁtness shall be in the prescribed form and shall show the nature of the certiﬁcate, the date of its expiry, and the name and Bureau number of the person in respect of whom it was issued, and such person shall place his signature or thumb-print upon the face of the certiﬁcate. No certiﬁcate shall be valid unless it bears upon its face the signature or stamped facsimile signature of the Director or Secretary of the Bureau. (2) In addition to the particulars required by subsection (1) to be given on every certiﬁcate, an initial (restricted) certiﬁcate and a periodical (restricted) certiﬁcate shall show the fact that the validity is restricted and the occupation or occupations in which and the scheduled mine or scheduled mines at which the certiﬁcate is valid. (3) In addition to the particulars required by subsections (1) and (2), every periodical certiﬁcate whether restricted or unrestricted shall state— (a) that the person in respect of whom it was issued is free from tuberculosis; and (b) that he does not suffer from pneumoconiosis or that he suffers from pneumoconiosis in the ﬁrst or second stage, as the case may be. (4) In addition to the particulars required by subsection (1) to be given on every certiﬁcate, every special certiﬁcate shall show that it is not lawful for the person in respect of whom such certiﬁcate was issued to work as a miner for longer than one hundred hours in any period of thirty days. [As amended by No. 25 of 1952, No. 15 of 1955 and No. 3 of 1957] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 18 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed

Section 50Verify source

§ 51Period of validity of certiﬁcates of ﬁtness ......................................................................................................................... 19Amendment

A certificate of fitness normally lasts one year, but the Bureau can set a shorter period for medical reasons, and some certificates become invalid if the Bureau reports certain tuberculosis or pneumoconiosis conditions.

51. Period of validity of certiﬁcates of ﬁtness Subject to the provisions of subsection (2) of section forty-three, the period of validity of a certiﬁcate of ﬁtness shall be one year: Provided that— (i) the Bureau may, in any case in which it is deemed desirable for medical reasons, make the validity of a periodical or periodical (restricted) or special certiﬁcate such lesser period as may to the Bureau seem appropriate; and (ii) whenever a report issued by the Bureau certiﬁes tuberculosis with or without pneumoconiosis or pneumoconiosis in the third stage to be present in a person examined, any certiﬁcate of ﬁtness which may be extant in respect of such person shall forthwith become invalid, and the person in whose custody the certiﬁcate is shall forthwith return it to the Bureau for cancellation. Any person who fails to return such certiﬁcate shall be guilty of an offence. [As amended by No. 15 of 1955]

Section 51Verify source

§ 52Power to correct certiﬁcates of ﬁtness ................................................................................................................................ 19Offence

The Bureau must recall and cancel an incorrect certificate of fitness, issue the correct certificate if the Act requires it, or notify affected people if issuing a certificate is not permitted.

52. Power to correct certiﬁcates of ﬁtness (1) When the Bureau has issued a certiﬁcate of ﬁtness and subsequently becomes satisﬁed that, at the date of issue, such certiﬁcate was incorrect in any respect, the Bureau shall recall and cancel the incorrect certiﬁcate. (2) If on the facts known to the Bureau at the date of recall of the incorrect certiﬁcate, the issue of a certiﬁcate is required by any provision of this Act, the Bureau shall, on receipt of the incorrect certiﬁcate for cancellation, issue the appropriate certiﬁcate, particulars whereon shall be such as they would have been had such facts been known to the Bureau at the date of issue of the incorrect certiﬁcate. (3) If on the facts as aforesaid the issue of a certiﬁcate is not permissible under the provisions of this Act, the Bureau shall so inform every person who was informed of the issue of the incorrect certiﬁcate. (4) Any person who refuses or neglects to return to the Bureau any certiﬁcate recalled under the provisions of this section shall be guilty of an offence.

Section 52Verify source

§ 53Issue and custody of certiﬁcates of ﬁtness ........................................................................................................................ 19Repeal

The Bureau must send certificates of fitness to the employer, prospective employer, or examined person depending on the miner’s employment status, and employers must keep and later return those certificates in specified cases.

53. Issue and custody of certiﬁcates of ﬁtness (1) Where any person is entitled to the issue of a certiﬁcate of ﬁtness under the provisions of this Act— (a) (b) if the person examined is in employment as a miner or is presented to the Bureau by a prospective employer for examination with a view to his engagement as a miner, the certiﬁcate shall be sent by the Bureau to the employer or prospective employer, as the case may be; if the person examined is neither in employment as a miner nor presented for examination by a prospective employer, the certiﬁcate shall be sent by the Bureau to the person examined, who shall, when being engaged for work as a miner, deliver such certiﬁcate into the custody of his employer. (2) Every employer shall keep in his custody each certiﬁcate received by him in accordance with the provisions of subsection (1) during the period of validity of such certiﬁcate and during the period of employment as a miner by him of the person in respect of whom it was issued. (3) When a miner ceases to be so employed the employer shall deliver to him the certiﬁcate of ﬁtness which has been in the employer's custody: Provided that in the case of any miner ceasing to be employed as such but continuing to work for the same employer in an occupation other than that of a miner, the employer shall continue to keep By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 19 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed such person's certiﬁcate of ﬁtness in his custody and shall instruct and arrange for such person to present himself for periodical examination by the Bureau in accordance with the provisions of section forty-one. (4) Any employer who contravenes or fails without reasonable excuse to comply with any provision of subsection (2) or (3) shall be guilty of an offence. [As amended by No. 31 of 1951 and No. 30 of 1962]

Section 53Verify source

§ 54Lost or destroyed certiﬁcates of ﬁtness .............................................................................................................................. 20Amendment

The Bureau may replace a lost or destroyed certificate of fitness if the required application, validity, identity checks, and fee payment are satisfied.

54. Lost or destroyed certiﬁcates of ﬁtness (1) The Bureau may in its discretion replace a certiﬁcate of ﬁtness which has been lost or destroyed where— (a) application for replacement is made in person or in writing to the secretary of the Bureau by the person responsible under this Act for the custody of the missing certiﬁcate at the time its loss or destruction was discovered; (b) at the time of application for replacement the certiﬁcate was still valid; (c) the secretary of the Bureau is satisﬁed— (i) that the certiﬁcate has in fact been lost or destroyed; and (ii) that any applicant for replacement of a certiﬁcate issued in respect of himself is in fact the person in respect of whom the certiﬁcate lost or destroyed was issued; and (d) a fee of eight fee units, which shall be paid into the general revenues of the Republic, has been paid to the secretary of the Bureau by the applicant. (2) A new certiﬁcate issued in accordance with subsection (1) shall be identical in its particulars with the certiﬁcate lost or destroyed. [As amended by S.I. No. 124 of 1965 and Act No. 13 of 1994]

Section 54Verify source

§ 55Bureau to issue reports ............................................................................................................................................................. 20Repeal

The Bureau must issue a report after each prescribed examination and send copies to specified recipients, including the examined person in some cases.

55. Bureau to issue reports Reports (1) After every prescribed examination, the Bureau shall issue a report of its ﬁndings in the prescribed form. (2) The original of each report issued in accordance with subsection (1) shall— (a) in the case of a person presented by an employer or prospective employer for examination, be sent by the Bureau to the employer or prospective employer and, where the Bureau certiﬁes the presence of pneumoconiosis or tuberculosis in the person examined, a copy of such report shall be sent to such person; (b) in the case of any other person— (i) if he is a miner, be sent by the Bureau to such person and a copy of such report shall be sent to the mine secretary of the mine at which such person was last employed; (ii) if he is not a miner, be sent by the Bureau to such person. (3) Whenever a report issued under this section certiﬁes pneumoconiosis or tuberculosis to be present in the person examined, a copy of such report shall be sent by the Bureau to the Board and to— (a) the Pneumoconiosis Board and Pneumoconiosis Bureau of the Republic of South Africa; or (b) the Pneumoconiosis Compensation Board and Pneumoconiosis Medical Bureau of Zimbabwe; or By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 20 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed (c) the Pneumoconiosis Board and Bureau of the Republic of South Africa and the Pneumoconiosis Compensation Board and Medical Bureau of Zimbabwe; if the person reported on has worked in either or both of those countries, as the case may be, in an occupation deemed by the Bureau to involve exposure to risk of pneumoconiosis. (4) Subject to the provisions of section eighty, when the Bureau has issued a report and subsequently becomes satisﬁed that at the date of issue such report was incorrect, the Bureau shall issue a correct report which shall supersede and cancel the incorrect report. [As amended by No. 6 of 1954, No. 15 of 1955, No. 3 of 1957 and No. 30 of 1962] Post-mortem examinations

Section 55Verify source

§ 56Post-mortem examinations ....................................................................................................................................................... 21Amendment

Medical practitioners who perform a post-mortem must send the deceased’s heart and lungs to the Bureau, with a health report, if tuberculosis is found with a miner history or if pneumoconiosis is found.

56. Post-mortem examinations (1) Every medical practitioner who carries out a post-mortem examination upon the body of a person shall— (a) if he ﬁnds tuberculosis to be present in the lungs of the deceased and if he has reason to believe that the deceased had at any time been employed as a miner; or (b) if he ﬁnds pneumoconiosis to be present in the lungs of the deceased; send the heart and lungs of the deceased to the Bureau accompanied by such report as he may be able to supply as to the health of the deceased during the thirty days prior to death. (2) Any medical practitioner who fails to comply with the provisions of subsection (1) shall be guilty of an offence and shall be liable to a ﬁne not exceeding seven hundred and ﬁfty penalty units. [As amended by No. 31 of 1951, No. 15 of 1955 and Act No. 13 of 1994]

Section 56Verify source

§ 57Bureau may direct post-mortem examination ................................................................................................................... 21Amendment

The Bureau may order a post-mortem examination when a miner dies and this is needed to determine the cause of death or related lung disease, or when certain qualifying dependants request it.

57. Bureau may direct post-mortem examination (1) Where a miner has died and the Bureau deems it necessary for the proper determination of the cause of death or of the presence or absence of tuberculosis or pneumoconiosis or the stage of the latter if present, the Bureau may direct that a post-mortem examination of the body of the deceased shall be carried out. (2) Where a miner who has worked as such at a scheduled mine for not less than ﬁve years has died within Zambia, and a dependant of such miner transmits to the Bureau a written request for a post- mortem examination, the Bureau may, in its discretion, direct that a post-mortem examination shall be carried out. (3) A post-mortem examination may, for the purposes of this section, be made by any registered medical practitioner in accordance with arrangements made by the Bureau. [As amended by No 15 of 1955] Part IV – Beneﬁts and other forms of assistance

Section 57Verify source

Part

Part IV – Beneﬁts and other forms of assistance

§ 58Cessation of former pensions and payment of pensions to dependants of a deceased miner who died beforeCommencement

Former pensions stop on commencement, and the Board must pay qualifying people a monthly pension under the amended Act.

58. Cessation of former pensions and payment of pensions to dependants of a deceased miner who died before the date of commencement (1) All former pensions shall cease to be payable on the date of commencement and thereafter every person entitled to a former pension immediately prior to the date of commencement shall, subject to the provisions of the amended Act, be paid a monthly pension which shall be assessed by the Board in every respect as if the amended Act had been in force when such former pension was assessed. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 21 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed (2) Notwithstanding the provisions of subsection (1), the total monthly amount of any pension or pensions payable in pursuance of subsection (1) to a miner or the dependants of a deceased miner shall not exceed the earnings of such miner and, where the pension or pensions, as so assessed, exceed such earnings, the pension or pensions shall be reduced in such manner as the Board may consider necessary to ensure that the provisions of this subsection are complied with: Provided that the pension payable to a miner shall not be less than his former pension; and the pension payable to a dependant of a deceased miner shall not be less than the former pension received by such dependant. (3) Where any person, in pursuance of subsection (1), receives a pension which exceeds the amount of the former pension received by such person, the Board shall, in such manner and over such period as it may determine, pay to such person the difference between such pension and such former pension calculated on the period from the 1st January, 1961, or the date when such former pension ﬁrst became payable, whichever is the later, to the date of commencement. (4) Where, prior to the date of commencement, a payment under the provisions of section seventy- one was made or was due to the dependants of a deceased miner who died on or after the 1st January, 1961, the Board shall assess the pension, if any, which would have been payable under the provisions of the amended Act, if such miner had died on the date of commencement and thereafter the pension so assessed shall be paid in accordance with and subject to the provisions of the amended Act: Provided that the amount of a pension so assessed in respect of a deceased miner shall not exceed the earnings of such miner. (5) In assessing a pension in pursuance of subsection (4), the Board shall, for the purpose of determining who are the dependants of a deceased miner, have regard to the position pertaining at the date of commencement and determine who are the dependants accordingly. (6) For the purpose of assessing a pension in pursuance of subsections (1) and (4), the earnings of a miner shall be treated as being the earnings which, in the opinion of the Board, he would have received if he had performed the duties which he was last employed as a miner to perform throughout the month of January, 1961, or if he was employed as a miner throughout the said month, the earnings which he received in such month: Provided that where the earnings of a miner as so assessed are in excess of two hundred kwacha they shall be treated as being two hundred kwacha. (7) For the purposes of this section— "date of commencement" means the 1st December, 1962; "former pension" means a pension payable under the Act immediately prior to the date of commencement; "the amended Act" means the Act as amended by Act No. 30 of 1962; "the Act" means the Pneumoconiosis Act in force immediately prior to the date of commencement. [No. 30 of 1962 as amended by S.I. No. 124 of 1965]

Section 58Verify source

§ 59Limitation on the amount of any pension or pensions to be paid ................................................................................... 22Repeal

Pensions under sections 61, 62, or 68 paid to a miner or a deceased miner’s dependants must not exceed the miner’s earnings; if they do, the Board reduces them. Section 58 pensions are excluded.

59. Limitation on the amount of any pension or pensions to be paid (1) Notwithstanding any other provisions contained in this Act, the total monthly amount of any pension or pensions payable under section sixty-one, sixty-two or sixty-eight to a miner or the dependants of a deceased miner shall not exceed the earnings of such miner and, where the pension or pensions assessed under any of the said sections exceed such earnings, the pension or pensions shall be reduced in such manner as the Board may consider necessary to ensure that the provisions of this section are complied with. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 22 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed (2) For the purposes of this section, the earnings of a miner shall be assessed in the manner set out in subsection (1) of section sixty-nine: Provided that where the earnings of any miner as so assessed are in excess of two hundred kwacha, the earnings of such miner shall be treated as being two hundred kwacha. (3) The provisions of this section shall not apply to any pension assessed in pursuance of the provisions of section ﬁfty-eight. [No. 30 of 1962]

Section 59Verify source

§ 60Beneﬁts for pneumoconiosis in the ﬁrst stage ........................................................................................................................ 23Provision

A miner certified by the Bureau for the first time as having first-stage pneumoconiosis, and not tuberculosis, is entitled to a benefit calculated from 1,200 kwacha in proportion to earnings.

60. Beneﬁts for pneumoconiosis in the ﬁrst stage When the Bureau certiﬁes for the ﬁrst time that a miner who has not previously been entitled to any beneﬁt is suffering from pneumoconiosis in the ﬁrst stage but is not suffering from tuberculosis, the miner shall be entitled to such sum as bears the same proportion to one thousand two hundred kwacha as his earnings bear to one hundred and sixty kwacha. [No. 30 of 1962]

Section 60Verify source

§ 61Beneﬁts for pneumoconiosis in the second stage .................................................................................................................. 23Amendment

A qualifying miner with second-stage pneumoconiosis, and not tuberculosis, is entitled to a monthly pension; the amount depends on earnings, and extra amounts may apply for a wife and each child under 18.

61. Beneﬁts for pneumoconiosis in the second stage (1) When the Bureau certiﬁes for the ﬁrst time that a miner who has already become entitled to a beneﬁt under section sixty and who has not previously become entitled to any other beneﬁt is suffering from pneumoconiosis in the second stage but is not suffering from tuberculosis, the miner shall be entitled to a monthly pension of— (a) in respect of himself, such sum as bears the same proportion to thirty-two kwacha as his earnings bear to one hundred and sixty kwacha; and (b) where the miner has a wife, in respect of such wife such sum as bears the same proportion to ten kwacha as the miner's earnings bear to one hundred and sixty kwacha; and (c) where the miner has a child or children, in respect of each child under the age of eighteen years such sum as bears the same proportion to ﬁve kwacha as the miner's earnings bear to one hundred and sixty kwacha. (2) When the Bureau certiﬁes for the ﬁrst time that a miner who has not previously been entitled to any beneﬁt is suffering from pneumoconiosis in the second stage but is not suffering from tuberculosis, the miner shall be entitled to a beneﬁt in accordance with the provisions of section sixty and, in addition thereto, to a monthly pension in accordance with the provisions of subsection (1). [As amended by No. 6 of 1954, No. 15 of 1955 and No. 30 of 1962]

Section 61Verify source

§ 62Beneﬁts for pneumoconiosis in the third stage ...................................................................................................................... 23Repeal

If the Bureau first certifies that a miner has third-stage pneumoconiosis and no tuberculosis, the miner is entitled to a monthly pension, with amounts also payable for a wife and for each child under 18.

62. Beneﬁts for pneumoconiosis in the third stage (1) When the Bureau certiﬁes for the ﬁrst time that a miner who has already been entitled to a beneﬁt under section sixty or sixty-one is suffering from pneumoconiosis in the third stage but is not suffering from tuberculosis, such miner shall be entitled to a monthly pension of— (a) in respect of himself, such sum as bears the same proportion to seventy-six kwacha as his earnings bear to one hundred and sixty kwacha; and (b) where the miner has a wife, in respect of such wife such sum as bears the same proportion to twenty kwacha as the miner's earnings bear to one hundred and sixty kwacha; and (c) where the miner has a child or children, in respect of each such child under the age of eighteen years such sum as bears the same proportion to nine kwacha as the miner's earnings bear to one hundred and sixty kwacha. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 23 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed (2) When the Bureau certiﬁes for the ﬁrst time that a miner who has not previously been entitled to any beneﬁt is suffering from pneumoconiosis in the third stage but is not suffering from tuberculosis, the miner shall be entitled to a beneﬁt in accordance with the provisions of section sixty and, in addition thereto, to a monthly pension in accordance with the provisions of subsection (1). [As amended by No. 6 of 1954, No. 15 of 1955 and No. 30 of 1962]

Section 62Verify source

§ 63Beneﬁts in respect of tuberculosis ............................................................................................................................................... 24Amendment

A miner certified by the Bureau as having tuberculosis and meeting the work-history conditions may be entitled to benefits, and in some cases a monthly pension.

63. Beneﬁts in respect of tuberculosis (1) When the Bureau certiﬁes for the ﬁrst time that a miner who, throughout a period of one year or longer or periods amounting in the aggregate to one year or longer, but less in either case than ten years, has worked as a miner at a scheduled mine, is suffering from tuberculosis with which he was, in the opinion of the Bureau, already affected within the twelve months immediately succeeding the date on which he last worked as aforesaid, but is not suffering from pneumoconiosis, the miner shall be entitled to a beneﬁt in accordance with the provisions of section sixty. (2) When the Bureau certiﬁes for the ﬁrst time that a miner who, throughout a period of ten years or longer or periods amounting in the aggregate to ten years or longer, has worked as a miner at a scheduled mine, is suffering from tuberculosis with which he was, in the opinion of the Bureau, already affected within the twelve months immediately succeeding the date on which he last worked as aforesaid, but is not suffering from pneumoconiosis, the miner shall be entitled to a beneﬁt in accordance with the provisions of section sixty and, in addition thereto, to a monthly pension in accordance with the provisions of section sixty-two. (3) For the purpose of subsections (1) and (2), no person shall be deemed to have worked as a "miner" throughout the period of one year or ten years unless he has, throughout the period of one year or ten years, as the case may be, performed work underground or in scheduled places amounting on the average, either— (a) (b) to such work on more than twenty days per calendar month irrespective of the number of hours worked per month; or to an aggregate of more than eighty hours per calendar month irrespective of the number of days in the month over which the work was distributed. [As amended by No. 31 of 1951 and No. 15 of 1955]

Section 63Verify source

Part

scheduled mine, is suffering from tuberculosis with which he was, in the opinion of the Bureau,

§ 64Beneﬁts in respect of tuberculosis combined with pneumoconiosis ............................................................................... 24Amendment

If the Bureau first certifies that a miner has pneumoconiosis and tuberculosis, the miner is entitled to pension or benefits under section 62.

64. Beneﬁts in respect of tuberculosis combined with pneumoconiosis (1) When the Bureau certiﬁes for the ﬁrst time that a miner who has already been entitled to a beneﬁt under section sixty or under subsection (1) of section sixty-three and who has not become entitled to a monthly pension under section sixty-two or subsection (2) of section sixty-three is suffering from both pneumoconiosis and tuberculosis, the miner shall be entitled to a monthly pension in accordance with the provisions of subsection (1) of section sixty-two. (2) When the Bureau certiﬁes for the ﬁrst time that a miner who has not previously been entitled to any beneﬁt is suffering from both pneumoconiosis and tuberculosis, the miner shall be entitled to the beneﬁts provided for in subsection (2) of section sixty-two. [As amended by No. 15 of 1955]

Section 64Verify source

§ 65Discretionary payments in addition to pension ...................................................................................................................... 24Repeal

The Board may pay for special medical care or treatment for certain miners, and the Bureau may refund some outside-Zambia medical exam costs if conditions are met.

65. Discretionary payments in addition to pension (1) When the physical condition of a miner to whom a pension has been awarded or who has become entitled to a beneﬁt under the provisions of subsection (1) of section sixty-three is such that, in the opinion of the Board, special medical care or treatment is necessary for or in connection with that condition, the Board may, in its discretion, defray the costs of or incidental to such special care or treatment as the Board deems to be appropriate. The payments made by the Board under the By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 24 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed authority of this section shall not in the aggregate exceed one thousand kwacha in respect of any beneﬁciary. (2) Notwithstanding the provisions contained in section twenty-three, the Bureau may refund to a miner the whole or a part of the amount paid by him to a medical practitioner for medical examination performed upon him outside Zambia if the following conditions are satisﬁed: (a) the medical examination outside Zambia was duly authorised by the Bureau; and (b) the miner has already been entitled, or becomes entitled as a result of such medical examination, to the beneﬁts laid down in section sixty or sixty-one. [As amended by No. 52 of 1960 and No. 25 of 1971]

Section 65Verify source

§ 66Contribution towards funeral expenses of a deceased miner ............................................................................................ 25Amendment

The Board may, at its discretion, contribute up to 50 kwacha toward a deceased miner’s reasonable funeral expenses if the section’s conditions are met.

66. Contribution towards funeral expenses of a deceased miner When a miner who has been entitled to any beneﬁt has died, or when the Bureau certiﬁes, after the death of a miner who has not, during his life, been entitled to any beneﬁt, that he was at the time of his death suffering from pneumoconiosis or tuberculosis which would, in the opinion of the Board, have entitled him to a beneﬁt if the Bureau had so certiﬁed before his death, the Board may, in its discretion, contribute a sum, not exceeding ﬁfty kwacha, towards his reasonable funeral expenses. [As amended by No. 25 of 1952 and No. 15 of 1955]

Section 66Verify source

§ 67Certain beneﬁts to be deemed to have accrued before death to a deceased miner ................................................... 25Commencement

A deceased miner may be treated as having become entitled to a benefit before death if the Bureau certifies after death that he had pneumoconiosis or tuberculosis, subject to a special condition for tuberculosis without pneumoconiosis.

67. Certain beneﬁts to be deemed to have accrued before death to a deceased miner When a miner who has not, during his life, been entitled to any beneﬁt has died after the commencement of this Act, and the Bureau certiﬁes after his death that at the time of his death the deceased miner was suffering from pneumoconiosis in any stage, or from tuberculosis with or without pneumoconiosis, the deceased miner shall be deemed to have become entitled before his death to a beneﬁt in accordance with the provisions of section sixty: Provided that such certiﬁcation after death of tuberculosis without pneumoconiosis shall not confer a beneﬁt under this section unless the Board is satisﬁed that a like certiﬁcation by the Bureau would have conferred a beneﬁt under section sixty-three if the miner had been alive at the date when such certiﬁcation was made. [As amended by No. 15 of 1955]

Section 67Verify source

§ 68Pensions for dependants of deceased miners .......................................................................................................................... 25Commencement

Dependants of a deceased miner may qualify for a monthly pension, with the Board setting or increasing the amount in some cases.

68. Pensions for dependants of deceased miners (1) The dependants of a deceased miner who died after the commencement of this Act and who— (a) was entitled to a monthly pension thereunder; or (b) had not been entitled to any beneﬁt by way of pension during his life but with regard to whom the Bureau certiﬁes after his death that, at the time of death, he was suffering from— (i) pneumoconiosis in the ﬁrst stage, which caused or contributed to his death; or (ii) pneumoconiosis in the second or third stage; or (iii) pneumoconiosis combined with tuberculosis; or (iv) tuberculosis with regard to which the Board is satisﬁed that the same certiﬁcation, if made during the deceased's life, would have entitled him to a pension under subsection (2) of section sixty-three; shall, as from the day following the day upon which the miner died or, in the case of a posthumous dependant, as from the date of that dependant's birth, be entitled to or eligible for the award of the appropriate monthly pension in accordance with the provisions of subsection (2). By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 25 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed (2) The monthly pension to which a dependant of a deceased miner shall be entitled shall be— (a) (b) in the case of a widow of such miner, such sum as bears the same proportion to forty kwacha as the miner's earnings bear to one hundred and sixty kwacha; in the case of each child of such miner under the age of eighteen years and subject to the provisions of subsection (3), such sum as bears the same proportion to sixteen kwacha as the miner's earnings bear to one hundred and sixty kwacha; (c) in the case of any person who may be deemed to be a dependant of such miner under the provisions of subsection (2) of section three, such sum, if any, as the Board may award: Provided that pensions awarded by the Board under this paragraph shall not amount in the aggregate to more than ﬁfty kwacha per month in respect of all the dependants of such miner. (3) In the case of any child of a deceased miner who becomes entitled to a monthly pension under the provisions of this section and who has no natural or adoptive parent living, the Board may, in its discretion and notwithstanding the provision of paragraph (b) of subsection (2), pay to or for such child such increased pension, but not exceeding ﬁfty kwacha per month, as the Board may deem appropriate. [As amended by No. 1 of 1951, No. 6 of 1954, No. 15 of 1955, No. 30 of 1962, S.I. No. 124 of 1965 and No. 77 of 1965]

Section 68Verify source

§ 69Assessment of earnings for the purposes of sections 60, 61, 62 and 68 ....................................................................... 26Provision

This section sets how a miner’s earnings are assessed for certain other sections, with special rules for miners certified or dying and minimum and maximum treated amounts of 35 and 200 kwacha.

69. Assessment of earnings for the purposes of sections 60, 61, 62 and 68 (1) For the purposes of sections sixty, sixty-one, sixty-two and sixty-eight, the earnings of a miner shall be assessed as follows: (a) (b) in the case of a miner not employed as such when he is certiﬁed or dies, the earnings which, in the opinion of the Board, he would have received if he had performed the duties which he was last employed to perform as a miner throughout the month of January, 1961, or, if he was employed as a miner after the said date, the earnings which he received in respect of the last full month in which he worked as a miner; or in the case of a miner employed as such when he is certiﬁed or dies, the earnings which he received for the full month in which he is certiﬁed or dies, or, if he did not work as a miner for the full month in which he is certiﬁed or dies, the earnings which, in the opinion of the Board, he would have received had he so worked. (2) Notwithstanding the provisions of subsection (1), where the earnings of a miner, as assessed in accordance with the provisions of subsection (1), are— (i) (ii) less than thirty-ﬁve kwacha, the earnings of such miner shall be treated as being thirty-ﬁve kwacha; in excess of two hundred kwacha, the earnings of such miner shall be treated as being two hundred kwacha. (3) The provisions of this section shall not apply to any pension assessed in pursuance of the provisions of section ﬁfty-eight. [No. 30 of 1962]

Section 69Verify source

§ 70Gratuity to widow of deceased miner on remarriage ............................................................................................................ 26Repeal

If a widow’s miner pension stops because she remarries, she is entitled to a lump sum equal to 24 times her monthly pension.

70. Gratuity to widow of deceased miner on remarriage Where a pension to a widow of a deceased miner ceases under the provisions of subsection (1) of section seventy-seven on account of her remarriage, she shall be entitled to a sum equal to twenty-four times the amount of her monthly pension. [As amended by No. 30 of 1962 and No. 77 of 1965] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 26 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed

Section 70Verify source

§ 71Pension payable to a miner married under a system permitting of polygamy ............................................................. 27Amendment

A miner’s pension is calculated as if he had only one wife, and widows may share the pension if the miner dies leaving two or more widows.

71. Pension payable to a miner married under a system permitting of polygamy (1) The pension payable to a miner or to the dependants of a miner married under a system permitting of polygamy shall be calculated as if there was only one wife or on his death one widow. (2) In the case of a deceased miner who leaves two or more widows, such widows shall be entitled to share between themselves such pension as would be payable to a single widow of the deceased miner jointly or in such proportions as the Board in its discretion may decide. [No. 30 of 1962 as amended by No. 77 of 1965] Part V – Provisions governing the payment and receipt of beneﬁts

Section 71Verify source

Part

Part V – Provisions governing the payment and receipt of beneﬁts

§ 72Exclusion from certain rights of persons resident outside the Commonwealth .......................................................... 27Amendment

A miner’s or miner-dependent’s benefit is put on hold while they live outside the Commonwealth, unless the Board decides it is practical and convenient to pay it.

72. Exclusion from certain rights of persons resident outside the Commonwealth (1) Where any miner or any dependant of a miner who, at the time of becoming entitled to any beneﬁt or after he has become entitled to any beneﬁt, is or becomes resident in any country outside the Commonwealth, his right to receive such beneﬁt shall be in abeyance for the whole of the period of residence outside the Commonwealth unless the Board decides in any particular case that it is reasonably practicable and convenient to pay such beneﬁt. (2) If any question arises in connection with the application of subsection (1) as to whether a person was, on any date or for any period, resident outside the Commonwealth, such person shall be deemed to have been resident outside the Commonwealth on that date or for that period unless the contrary is proved to the satisfaction of the Board. [As amended by No. 77 of 1965]

Section 72Verify source

§ 73Application for beneﬁts and date at which awards become effective ............................................................................ 27Amendment

A benefit under the Act does not take effect until the Board awards it, usually on an application with the prescribed form and information.

73. Application for beneﬁts and date at which awards become effective (1) A right to any beneﬁt under this Act shall not become effective until the beneﬁt has been awarded by the Board on an application made by the person concerned or by any other person acting on his behalf on the prescribed form and accompanied by the prescribed information: Provided that the Board may award any beneﬁt even though no application has been made therefor. (2) When the Board has awarded a pension, the award shall have retrospective effect— (a) as from the date upon which the beneﬁciary concerned became entitled to the pension if the application therefor reached the Board within a period of one year from such date; or (b) as from the date upon which the application reached the Board if such date is more than a year later than the date upon which the beneﬁciary became entitled to the pension: Provided that if an application reached the Board on a date which is more than a year after the date upon which the beneﬁciary concerned became entitled to the pension, the Board may, in its discretion, award the pension from a date not earlier than one year before the date on which the application reached the Board. [As amended by No. 30 of 1962]

Section 73Verify source

§ 74Pneumoconiosis contracted outside scheduled mines .......................................................................................................... 27Repeal

The Board must assess how much of a miner’s pneumoconiosis is attributable to mine dust, and affected miners or dependants may receive a corresponding share of benefits; in some cases the Board may award a larger share.

74. Pneumoconiosis contracted outside scheduled mines (1) If a miner is suffering or if a deceased miner was suffering from pneumoconiosis in any stage which, in the opinion of the Board, is not or was not wholly or partially attributable to mineral dust inhaled while working as a miner at a scheduled mine, he shall be deemed for the purposes of this Part not to be or to have been suffering from pneumoconiosis: By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 27 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed Provided that the provisions of this subsection shall not apply to a miner who or whose dependants became entitled to any beneﬁt under the repealed Act. (2) If a miner is suffering or if a deceased miner was suffering from pneumoconiosis in any stage, without tuberculosis, which, in the opinion of the Board, is or was only partly attributable to mineral dust inhaled as aforesaid, the Board, in consultation with the Bureau, shall determine to what extent, expressed as a fraction or percentage, the pneumoconiosis is or was so attributable, and thereupon the miner or his dependants, as the case may be, shall be entitled to a corresponding fraction or percentage of the beneﬁt for which provision is made in Part IV in relation to the stage of pneumoconiosis from which the miner is or was suffering. (3) If a miner is suffering or if a deceased miner was suffering— (a) (b) from pneumoconiosis in any stage which, in the opinion of the Board, is or was only partly attributable to mineral dust inhaled as aforesaid; and from tuberculosis in respect whereof he did not become entitled to a beneﬁt under subsection (2) of section sixty-three; the provisions of subsection (2) shall apply in relation to him as if he were or had been suffering from pneumoconiosis in the third stage and as if he were not and had not been suffering from tuberculosis. (4) In the case of a miner who or whose dependants would, under the provisions of this section, be entitled to a fraction or percentage of the beneﬁts provided by Part IV and who— (a) has worked as a miner at a scheduled mine before it was established that pneumoconiosis could be acquired at such mine in that occupation, that is to say, before the 15th December, 1943; and (b) has worked as a miner at a scheduled mine for an aggregate of not less than ten years; and (c) at the date of the earliest certiﬁcation of pneumoconiosis by the Bureau was either working as a miner at a scheduled mine or had not, since he last so worked, been employed in any other occupation likely, in the Board's opinion, to cause pneumoconiosis; the Board may, in its discretion, award to the beneﬁciary or beneﬁciaries concerned a larger proportion of the beneﬁts provided by Part IV than the fraction or percentage assessed in accordance with subsection (2), and the Board shall, in assessing such larger proportion, take into account any compensation in respect of pneumoconiosis which the miner or dependants concerned may have received or may be entitled to receive from any source other than the Board. [As amended by No. 15 of 1955 and No. 30 of 1962]

Section 74Verify source

§ 75Pensions not to be duplicated ....................................................................................................................................................... 28Repeal

A person cannot receive two separate pensions under this Act at the same time.

75. Pensions not to be duplicated (1) When a miner who is entitled to pension under any provision of this Act becomes entitled to a greater pension under any other provision of this Act, such ﬁrst-mentioned pension shall lapse. (2) No person shall be entitled simultaneously to two separate pensions under the provisions of this Act. (3) Where the Bureau has certiﬁed the presence in any miner of pneumoconiosis in any stage or of tuberculosis without pneumoconiosis, or of both pneumoconiosis and tuberculosis, and such miner has received or is entitled to receive under the law of another country the full beneﬁt which under the law of such country is payable in respect of a like certiﬁcation made there to a person who has worked only in such country as a miner, labourer or worker, no beneﬁt shall be payable under this Act. [As amended by No. 31 of 1951, No. 15 of 1955 and *No. 42 of 1956] [*These amendments shall be deemed to have come into force on 1st January, 1953.] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 28 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed

Section 75Verify source

§ 76Restriction of entitlement to a pension ..................................................................................................................................... 29Amendment

A miner is not entitled to a pension in several listed family situations.

76. Restriction of entitlement to a pension A miner shall not be entitled to a pension— (a) in respect of a wife— (i) who is living apart from him and whom he is under no obligation by agreement or by order of a court to maintain; or (ii) whom he married on or after the date upon which he ﬁrst became entitled to a pension in respect of himself; [*These amendments shall be deemed to have come into force on 1st January, 1953.] (b) in respect of a legitimate child— (i) who was born of a marriage contracted on or after the date upon which he ﬁrst became entitled to pension in respect of himself; or (ii) who has been adopted by another person; (c) in respect of a child whom he adopted on or after he became entitled to his ﬁrst beneﬁt; (d) in respect of a step-child— (i) who became his step-child on or after the date mentioned in sub-paragraph (ii) of paragraph (a); or (ii) whose mother has ceased to be the miner's wife or whose mother the miner is not obliged by agreement or court order to maintain, unless in either case the step-child is living with and is wholly or partly supported by the miner; in respect of an illegitimate child who was born more than ten months after the date upon which he ﬁrst became entitled to a pension in respect of himself; in respect of any person, other than the miner's wife, who is or has been married or has been adopted by a person other than the miner. (e) (f) [As amended by No. 25 of 1952]

Section 76Verify source

§ 77Cessation of pensions awarded to dependants ........................................................................................................................ 29Repeal

A dependant’s pension stops on marriage, or when a non-widow dependant who was under 18 at the miner’s death turns 18, unless the Board keeps it going because of incapacity or full-time education under age 25.

77. Cessation of pensions awarded to dependants (1) A pension awarded to a dependant of a deceased miner shall cease— (a) when the person concerned marries; or (b) if the person concerned, not being the widow of such miner, was under the age of eighteen years at the time of the death of the miner in question, when such person attains such age: Provided that such pension shall continue so long as the Board is satisﬁed that the person concerned is either— (i) incapable by reason of ill health or physical or mental inﬁrmity of earning his own living; or (ii) attending a full-time educational course and is under the age of twenty-ﬁve years. (2) If any beneﬁt has been awarded in respect of the death of a deceased miner, to a person speciﬁed in subsection (2) of section three, and thereafter any dependant of such deceased miner under subsection (1) of that section establishes a right to any beneﬁt as such dependant, the award to such ﬁrst-mentioned person shall be cancelled, but any payment made under the award prior to such cancellation shall be valid, and be deemed to have been made to such last-mentioned dependant. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 29 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed (3) When a dependant of a deceased miner who is entitled to a pension thereafter becomes entitled to a pension in respect of another deceased miner and the Board has, on an application made by or on behalf of such dependant, awarded such last-mentioned pension to him, his right to the ﬁrst-mentioned pension shall lapse as from the date upon which the later pension award takes effect, and the Board shall set off against the new pension any amount which has been paid as an instalment of the lapsed pension in respect of any period after such date.

Section 77Verify source

§ 78Withholding of payments in certain circumstances ............................................................................................................... 30Amendment

The Board may withhold benefit payments in certain cases, and it may later revive the right to receive the benefit if the lapse reason no longer exists.

78. Withholding of payments in certain circumstances (1) When the whereabouts is unknown of any person who is entitled to receive any beneﬁt under this Act, the Board may withhold any payment due to such person. (2) When the Board has reason to believe that any person may have ceased to be entitled to a beneﬁt, the Board may withhold the payment of such beneﬁt. (3) Where the Board, in the exercise of the powers conferred upon it by subsection (1) or (2), has withheld payment of any beneﬁt for a period of three years or where the right to receive a beneﬁt has been in abeyance for a period of three years under the provisions of section seventy-two, the right of the person concerned to receive any beneﬁt or the unpaid balance of any beneﬁt to which he was formerly entitled shall lapse: Provided that the right to receive or to continue to receive a beneﬁt shall be revived by the Board within three years of such lapse on its being satisﬁed that the reason for the lapse of the right no longer exists. (4) No interest shall be payable by the Board on any moneys the payment of which is withheld, or the right to which lapses and is revived in accordance with the provisions of this section. [No. 31 of 1951 as amended by No. 15 of 1955 and No 77 of 1965]

Section 78Verify source

§ 79Disqualiﬁcations and penalties resulting from prohibited work ....................................................................................... 30Repeal

This section limits or reduces pension and benefit payments when a miner works in breach of the Act, especially where the Board becomes aware of the breach.

79. Disqualiﬁcations and penalties resulting from prohibited work (1) Any work as a miner at a scheduled mine which any person has performed in contravention of the provisions of this Act shall, for the purpose of determining whether such person or any dependant of his is entitled to a beneﬁt and for the purpose of determining the amount of any beneﬁt, be deemed not to be work as a miner. (2) When a person who is suffering from pneumoconisosis or tuberculosis and who has been so informed works as a miner in contravention of this Act and such person thereafter becomes entitled to a pension or to a greater pension than formerly, the Board may reduce the amount of such pension or greater pension to an extent which, in the opinion of the Board, is proportionate to the extent to which, the work in question is likely to have caused or contributed to the aggravation of the condition as a result of which he becomes entitled to such pension or greater pension. (3) (4) If a miner who has become entitled to a pension under this Act works in contravention of the provisions of this Act on any day in any calendar month, he shall not be entitled to payment of his pension in respect of the month in question. If it becomes known to the Board that a person who is in receipt of or has become entitled to a pension under the provisions of this Act is working as a miner in contravention of the provisions of this Act, or has so worked since he became entitled to a pension, the Board shall not make to him any further monthly payment of such pension until satisﬁed that the person in question has ceased to work as a miner in contravention of the provisions of this Act. (5) Any part of a beneﬁt to which a person has become entitled and of which he has been deprived under the provisions of this section shall lapse irrevocably to the Board. [As amended by No. 15 of 1955] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 30 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed

Section 79Verify source

§ 80Adjustment of beneﬁts on correction of incorrect medical report ................................................................................... 31Amendment

Corrected medical reports can change benefit awards, but overpaid benefits from an earlier incorrect report are not recoverable or repayable, and the section cannot be used to benefit someone whose report was obtained improperly.

80. Adjustment of beneﬁts on correction of incorrect medical report (1) When the Bureau, acting under subsection (4) of section ﬁfty-ﬁve, or the Board of Appeal, acting under subsection (2) of section thirty-two, has issued a correct report which is more advantageous to a beneﬁciary under this Act than was the incorrect report, or which makes eligible for an award under this Act a person who was not made eligible therefor by the incorrect report, the correct report shall be deemed to have been issued on the date on which the incorrect report was issued and an award of beneﬁts shall be made in accordance with or shall be adjusted to conform to the correct report. (2) When the Bureau, or the Board of Appeal, acting as aforesaid, has issued a correct report which is less advantageous to any individual in respect of the payment of beneﬁts to him than was the incorrect report— (a) no part of any beneﬁt which, at the date of the correct report, has already been paid out by the Board by reason of the incorrect report shall be recoverable by the Board or repayable by the beneﬁciary; and (a) as from the date of issue of the correct report, such correct report shall supersede the incorrect one. [Please note: numbering as in original.] (3) No provision of this section shall be applied to the advantage of any person in relation to any report which was obtained by any improper means. [As amended by No. 30 of 1962]

Section 80Verify source

§ 81Board's power to deal with beneﬁts awarded to miners ..................................................................................................... 31Amendment

The Board may decide how to pay a miner’s awarded benefit, including paying it to the miner, certain related persons, or in instalments, and may keep it at interest.

81. Board's power to deal with beneﬁts awarded to miners (1) The Board may pay any beneﬁt which has been awarded to a miner— (a) to the miner himself; or (b) to any person who would be his dependant if he had died immediately before the payment was made, or to his wife, if the preceding provisions of this paragraph do not apply to her and if she has not deserted him; or (c) to any other person for the beneﬁt of the miner and of all or any such persons as are mentioned in paragraph (b); or (d) partly to the miner and partly to any person mentioned in paragraph (b) or (c); as the Board may, in its discretion, deem desirable in the interests of the miner or of any such person as is mentioned in paragraph (b). (2) In addition to the discretionary powers which the Board may exercise under the provisions of subsection (1) and under subsection (1) or (2) of section eighty-two in respect of the persons to whom payments may be made, the Board may pay any beneﬁt in such instalments and at such intervals as it may deem desirable in the interests of the beneﬁciary concerned or may retain at interest the whole of any beneﬁt until such time as the Board may deem it to be in the interests of the beneﬁciary concerned to pay such beneﬁt in full or by instalments. [As amended by No. 31 of 1951 and No. 30 of 1962]

Section 81Verify source

§ 82Board's powers in relation to payments after the death of a miner ................................................................................ 31Repeal

The Board may use its discretion to handle benefit and pension payments for dependants after a miner’s death.

82. Board's powers in relation to payments after the death of a miner (1) Where, after the death of a miner, a beneﬁt is deemed under the provisions of section sixty-seven to have accrued to such miner before his death, the Board shall have, in respect of payment of such beneﬁt in the interests of the dependants, all the discretionary powers conferred upon the Board by section eighty-one in respect of the payment of beneﬁts awarded to a living miner. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 31 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed (2) The Board may pay any pension which has been awarded to a dependant of a deceased miner to the dependant himself or to any other person for the beneﬁt of the dependant, or partly to the dependant and partly to such other person, as the Board may deem desirable in the interests of the dependant. [As amended by No. 30 of 1962]

Section 82Verify source

§ 83Disposal by Board of rights lapsing on death of beneﬁciary ............................................................................................. 32Amendment

Some benefit rights lapse when the beneficiary dies, and the Board must reaward the benefit or balance to dependants in specified cases.

83. Disposal by Board of rights lapsing on death of beneﬁciary (1) Any right to a beneﬁt, other than a beneﬁt or part of a beneﬁt left in the custody of the Board under the provisions of section eighty-ﬁve or subsection (1) or (2) of section eighty-seven, to which a miner or a dependant of a deceased miner is entitled, shall lapse on the death of the beneﬁciary concerned except in so far as any part of the beneﬁt was paid out by the former Board or by the Board to or for the beneﬁt of the beneﬁciary before his death. (2) When a right to a beneﬁt other than a pension has lapsed as provided for in subsection (1), the Board shall award the beneﬁt in question or the balance thereof— (a) if the right lapsed on the death of a miner, to his dependants; or (b) if the right lapsed on the death of a dependant of a miner, to the other dependants or to any one or more of them as the Board may deem desirable, and the provisions of subsections (1) and (2) of section eighty-one shall apply mutatis mutandis in connection with any money awarded under the provisions of this paragraph. (3) Where a miner, or the dependant of a deceased miner to whom a pension has been awarded, has died, he shall, for the purposes of this section, be deemed to have become entitled before his death to payment of the pension or periodical payment in respect of the period from the date on which the last payment of the pension or periodical payment became due to him to the date of his death, and the Board shall deal in accordance with the provisions of subsection (2) with the pension or periodical payment in respect of such period and with any money which is due to the deceased as an instalment or part of an instalment of the pension or periodical payment in respect of a period prior to the ﬁrst-mentioned period, but which for any reason remained in the custody of the Board. (4) If the Board, because of non-existence of a dependant, is unable to deal, under subsection (2), with any beneﬁt the right whereto has lapsed, no person shall have any right to such lapsed beneﬁt, but the Board may, in its discretion, award that beneﬁt or any part thereof to any relative by consanguinity or afﬁnity or adoption of the person to whom the right to the beneﬁt accrued or was deemed to have accrued before it lapsed, or to any creditor in payment or part payment of any claim which he has against the estate of such person. [As amended by No. 31 of 1951 and No. 30 of 1962]

Section 83Verify source

§ 84Board's powers to retain part of pension when beneﬁciary is in institution ................................................................ 32Provision

The Board may keep part of a pension when the beneficiary is in a prescribed institution, but only to the extent not needed for maintenance costs.

84. Board's powers to retain part of pension when beneﬁciary is in institution When a miner or a dependant of a deceased miner to whom the Board has awarded a pension has become an inmate of a prescribed institution, the Board may, in its discretion, retain so much of such pension as is not needed to defray the cost of maintaining the person concerned or any person for whose maintenance he is responsible.

Section 84Verify source

§ 85Certain beneﬁts may be left in custody of Board ................................................................................................................... 32Repeal

A beneficiary or someone acting for them may leave a qualifying benefit with the Board, and the Board must keep it available for the beneficiary or, after death, the personal representative.

85. Certain beneﬁts may be left in custody of Board When the Board has awarded to a miner or to a dependant of a deceased miner any beneﬁt other than a pension, the beneﬁciary concerned or a person acting on his behalf may leave the beneﬁt or any part thereof amounting to not less than ten kwacha in the custody of the Board, which shall keep it at the disposal of the beneﬁciary or, after his death, at the disposal of his personal representative. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 32 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed

Section 85Verify source

§ 86Interest on beneﬁts other than pension left in custody of or retained by Board ........................................................ 33Commencement

The Board must credit interest on certain money it holds or retains, but only under the section’s rules and exclusions.

86. Interest on beneﬁts other than pension left in custody of or retained by Board The Board shall credit the person concerned with interest calculated at a rate determined for each ﬁnancial year by the Board after consultation with the actuary, and compounded half-yearly as at the last day of June and as at the last day of December, on any money— (a) which has been left in the custody of the Board under section eighty-ﬁve; or (b) which constitutes the unexpended part of a beneﬁt other than a pension which the Board has retained under subsection (2) of section eighty-one: Provided that the Board shall not credit any such person with such interest in respect of— (i) a period preceding the commencement of this Act; (ii) any money which has remained in the custody of the Board during a period of less than thirty days; (iii) any part of a beneﬁt other than a pension retained by the Board and from which payments by the Board to the beneﬁciary are being made by instalments; or (iv) any part of any award which remains in the custody of the Board in accordance with the provisions of section seventy-eight. [As amended by No. 31 of 1951]

Section 86Verify source

§ 87Pensions left in custody of or retained by Board and interest on the same .................................................................. 33Amendment

A pensioner who is a miner may leave at least ten kwacha of each monthly pension payment with the Board while working as a miner; the Board must add interest twice a year and keep the money available to the beneficiary or, after death, the personal representative.

87. Pensions left in custody of or retained by Board and interest on the same (1) When the Board has awarded a pension to any person in accordance with the provisions of section sixty-one, such person, if he was working as a miner when the pension was awarded to him and continues so to work, may leave the whole or any part, not being less than ten kwacha, of each monthly pension payment to which he is entitled in the custody of the Board while he continues to work as a miner. (2) If a person to whom a pension has been awarded under section sixty-one resumes working as a miner after having ceased to work in that capacity he may, on such resumption of work as a miner and for the period of the duration of such work, leave in the custody of the Board the whole or any part, not being less than ten kwacha, of each monthly pension payment to which he is entitled. (3) When on the 30th June or the 31st December in any year, on account of the exercise by a miner of his right under subsection (1) or (2) to leave his pension or part of it in the custody of the Board, or on account of the exercise by the Board in respect of a miner's pension of its powers under subsection (2) of section eighty-one or under section eighty-four, there is in the custody of the Board to the credit of a miner or a dependant of a miner any sum of money, the Board shall, on that date, credit the miner or dependant concerned with interest calculated at the rate referred to in section eighty-six on any sum which has been in the custody of the Board on his behalf since the preceding 1st January or 1st July respectively. (4) Any money which is left in the custody of the Board in accordance with the provisions of subsection (1) or (2) shall be kept by the Board at the disposal of the beneﬁciary concerned or, after his death, at the disposal of his personal representative. [As amended by No. 31 of 1951]

Section 87Verify source

§ 88Discretionary powers of Board in connection with moneys in custody of Board ........................................................ 33Repeal

The Board may use its discretionary powers to decide how to pay money it holds for a person under the specified sections.

88. Discretionary powers of Board in connection with moneys in custody of Board In respect of any money which is, on behalf of any person, in the custody of the Board in accordance with the provisions of subsection (2) of section eighty-one or of section eighty-four, the Board shall have all the discretionary powers as to payment of such money as are provided by section eighty-one in respect of the payment of beneﬁts. [As amended by No. 77 of 1965] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 33 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed Part VI – Compensation Fund, levies and outstanding liabilities

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Part

Part VI – Compensation Fund, levies and outstanding liabilities

§ 89Establishment of Compensation Fund ........................................................................................................................................ 34Amendment

The Board must establish the Pneumoconiosis Compensation Fund.

89. Establishment of Compensation Fund The Board shall establish a fund to be known as the Pneumoconiosis Compensation Fund which the Board shall credit with all assets and debit with all liabilities which devolve upon it under subsection (1) of section twelve and into which it shall pay all moneys received in connection with scheduled mines and from which it shall make all payments required by this Act to be made by the Board. [As amended by No. 15 of 1955]

Section 89Verify source

§ 90Levies from mine owners ................................................................................................................................................................. 34Provision

The Board must levy money from owners of scheduled mines, consult the actuary, apportion and recover each owner’s share, notify affected owners in writing, and owners must pay by the due date.

90. Levies from mine owners The Board shall from time to time, at such intervals as it deems desirable, levy from all owners of scheduled mines such sums of money as the Board, in its opinion, is likely to need to meet the liabilities payable under this Act and shall pay the amounts so levied into the Fund. (2) Before estimating the amount of any sum referred to in subsection (1), the Board shall consult the actuary. (3) The Board shall, in consultation with the actuary, and subject to any regulations prescribing the basis upon which the Board shall make an apportionment or the factors which it shall take into consideration in making an apportionment, apportion to, and recover from, every owner of a scheduled mine such a share of the total amount of a levy imposed under subsection (1) as the Board deems equitable and, in making such an apportionment, the Board may differentiate between individual owners of scheduled mines if, in the opinion of the Board, after consultation with the actuary, there are factors which make such a differentiation desirable: Provided that the Board shall, at the request of any such owner against whom any such differentiation has been made, inform him of the grounds therefor. (4) If the period in respect of which the Board has imposed such a levy as aforesaid is longer than three months, the share of the levy apportioned to each owner of a scheduled mine shall be payable in such instalments and on such dates as the Board may determine. (5) Whenever the Board has imposed a levy in respect of any period, it shall send notice in writing to every owner of a scheduled mine affected by the levy— (a) of the fact that the levy has been imposed; (b) of the amount of the levy and of the period in respect of which it has been imposed; (c) of the share of the levy which has been apportioned to him; and (d) of the instalments in which he shall pay that share and of the due date of each instalment, if the levy is payable by instalments. (6) Every owner of a scheduled mine who has received such a written notice shall pay to the Board his share of the levy or every instalment of such share not later than the date upon which the same is due.

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Part

scheduled mine such a share of the total amount of a levy imposed under subsection (1) as the

§ 91Assessment and apportionment of outstanding liabilities .................................................................................................. 34Commencement

The actuary must estimate and apportion outstanding liabilities for scheduled mines, and the Board must notify owners; owners can request the actuary’s details and timely consultation.

91. Assessment and apportionment of outstanding liabilities (1) The actuary shall estimate as soon as may be— (a) after the commencement of this Act as on the day prior to the commencement of this Act; and By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 34 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed (b) in any ﬁnancial year thereafter in which the Board shall call upon him to do so as on the last day of the last preceding month of December; the sum of money which the Board would need if every scheduled mine had, on that day, ceased to be a scheduled mine, in order to enable the Board to pay from time to time all amounts which it will be obliged, or entitled and likely, to pay under this Act out of the Fund at any time after the day on which the estimate is made. (2) From the sum estimated under the provisions of subsection (1) the actuary shall deduct the amount of the value of all assets which appertained to the former Board or to the Fund, as the case may be, on the day prior to the commencement of this Act or the last day of December to which the estimate in question relates, and the balance of the sum so estimated after such deduction shall be the aggregate of the outstanding liabilities of all owners of scheduled mines as from the day succeeding the day as on which the estimate is based up to the day on which the next succeeding estimate is based, inclusive. (3) When the actuary has so determined the aggregate of the outstanding liabilities for the ﬁnancial period ending on the prescribed day, or for any ﬁnancial year thereafter, he shall, subject to the provisions of subsection (5), apportion to the owner of each scheduled mine on the day of the commencement of this Act or on the ﬁrst day of the ﬁnancial year, as the case may be, such a share of such aggregate in respect of each such mine of which he is the owner on such day as is, in the opinion of the actuary, reasonable in view of all known factors which will or are likely to affect the amount of all future payments out of the Fund in connection with the particular mine in question. The actuary in making such apportionment may make adjustments as between the owners of scheduled mines concerned in respect of all sums paid to the Government or to the former Board by such owners under Part VI of the repealed Act up to and including the day prior to the commencement of this Act. (4) The amount of the share of the aggregate of the outstanding liabilities which the actuary has so apportioned to the owner of a scheduled mine in respect of a particular mine shall, for the purposes of this Act, be his outstanding liability in respect of that mine for the ﬁnancial period ending on the prescribed day, or for the ﬁnancial year in which the apportionment was made, as the case may be: Provided that when a person who has been, at any time after the commencement of this Act, the owner of a scheduled mine, has ceased to be such an owner, the outstanding liability in respect of that mine and every obligation of an owner of that mine in connection with the outstanding liability shall attach to such person and, if any other person becomes the owner of such mine, the outstanding liability in respect thereof and any such obligation as aforesaid shall attach to such owner and to the former owner jointly and severally unless the Minister by notice in writing releases the former owner from such liability. (5) The Board shall, at the request of the owner of any scheduled mine, inform him of the name and address of the actuary, and when such an owner has, within a month from the date of the commencement of this Act or in the month of December in any year, requested the actuary in writing to consult with an actuary named in the request for the purposes of this subsection, the actuary shall not apportion to the owner concerned his share of the aggregate of outstanding liabilities for the ﬁnancial period ending on the prescribed day, when the request was made within a month from the day of the commencement of this Act, or for the ﬁnancial year immediately following upon the month of December in which the request was made, as the case may be, unless he has afforded the actuary named in the request a reasonable opportunity to consult with him in regard to the share of such aggregate which is to be so apportioned to the mine owner concerned. (6) When the actuary has, in the ﬁnancial period ending on the prescribed day or in any ﬁnancial year thereafter, completed his duties under the preceding provisions of this section, he shall inform the Board in writing of his determination of the aggregate of the outstanding liabilities under subsections (1) and (2) and of his apportionment under subsection (3) in respect of every owner of a scheduled mine, and the Board shall thereupon inform every such owner in writing of the aggregate By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 35 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed of the outstanding liabilities as so determined and of his outstanding liability as so apportioned in respect of every scheduled mine of which he is the owner. [As amended by No. 31 of 1951, No. 3 of 1959 and G.N. No. 233 of 1964]

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Part

scheduled mine, and the Board shall thereupon inform every such owner in writing of the aggregate

§ 92Payment of outstanding liability ................................................................................................................................................... 36Repeal

If a mine is removed from the First Schedule, the former owner must pay the outstanding liability to the Board, with interest, and may have to provide security if the Board demands it.

92. Payment of outstanding liability (1) When the Minister has, under the provisions of section ninety-six, caused the name or description of a mine to be removed from the First Schedule, the person who was the owner of that mine on the day of such removal shall be obliged to pay to the Board the whole of the outstanding liability in respect of such mine for the ﬁnancial period ending on the prescribed day, if the removal took place within such period, or for the ﬁnancial year in which the removal took place, with, in each case, interest on the amount of that liability as from the date of the removal to the date on which the liability is paid, at the rate of interest which the actuary adopted in determining that liability: Provided that— (i) (ii) if the name or description of the mine was removed from such Schedule before the actuary apportioned the outstanding liability in respect of that mine for the ﬁnancial period or year in question, as the case may be, the mine owner shall, pending such apportionment, be obliged to pay the outstanding liability in respect of that mine for the ﬁnancial period ending on the prescribed day, where such ﬁnancial period immediately preceded the ﬁnancial year in which the removal took place, or the last ﬁnancial year for which the actuary has apportioned the outstanding liability, as the case may be; if the amount of the outstanding liability as thereafter apportioned by the actuary for the current ﬁnancial year is greater than the amount of the outstanding liability for the ﬁnancial period ending on the prescribed day, or the last ﬁnancial year for which the actuary has apportioned the outstanding liability, as the case may be, the owner of such mine shall be obliged to pay to the Board a sum equal to the difference between the two such amounts, in addition to the smaller amount; and if, conversely, the amount of the outstanding liability for the current ﬁnancial year is less than the amount of the outstanding liability for the ﬁnancial period ending on the prescribed day, or for the last ﬁnancial year for which the actuary has apportioned the outstanding liability, as the case may be, and the owner of such mine has paid the greater of the two amounts, the Board shall refund to him a sum equal to the difference between the two amounts with interest thereon since the date of payment at the rate which the actuary adopted in estimating the aggregate of the outstanding liabilities for the current ﬁnancial year. (2) If, in such a case as is mentioned in proviso (i) to subsection (1), the actuary is of the opinion that the amount of the outstanding liability in respect of the mine in question for the current ﬁnancial year may, when apportioned, exceed the amount of the outstanding liability in respect of such mine for the ﬁnancial period ending on the prescribed day, where such ﬁnancial period immediately precedes the current ﬁnancial year, or for the last ﬁnancial year for which the actuary has apportioned the outstanding liability, as the case may be, he shall, at the request of the Board, provisionally estimate the possible difference between the two amounts, and the Board may thereupon demand from the owner of such mine that, in addition to paying that liability in accordance with the provisions of such proviso, he shall furnish security, to the satisfaction of the Board, for the payment of a sum equal to the difference as estimated by the actuary, should he become liable for the payment of an additional sum under the provisions of proviso (ii) to subsection (1); and if the Board's demand is not met forthwith the Board may recover from such owner a sum equal to the amount of such estimated excess, in addition to the outstanding liability for the ﬁnancial period ending on the prescribed day, or the last ﬁnancial year for which the actuary has apportioned the outstanding liability, as the case may be, but subject to the subsequent application, mutatis mutandis, of proviso (ii) to subsection (1). [As amended by No. 3 of 1959 and G.N. No. 233 of 1964] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 36 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed

Section 92Verify source

§ 93Board may demand security for outstanding liability or recover payment .................................................................... 37Amendment

The Board may require a scheduled mine owner to give security for an outstanding liability, and if that is not provided, the Board may demand immediate payment.

93. Board may demand security for outstanding liability or recover payment If the Board is of opinion that it might ﬁnd it impossible or difﬁcult to recover from the owner of a scheduled mine the whole of his outstanding liability in respect of that mine in the event of the removal of its name or description from the First Schedule, the Board may call upon such owner to furnish the Board with security, to the Board's satisfaction, for the payment of the outstanding liability when it becomes due, and if such owner fails to furnish such security or to make any other arrangement satisfactory to the Board with a view to meeting his outstanding liability when it becomes due, the Board may demand from such owner immediate payment of the outstanding liability in respect of the mine in question, and thereupon the provisions of section ninety-two shall apply, mutatis mutandis, as if the Board's demand were the removal under paragraph (e) of subsection (2) of section ninety-six of the name or description of the mine in question from the First Schedule: Provided that the payment of the sum demanded by the Board shall not exempt the mine owner concerned from the provisions of subsection (3) of section ninety-one in respect of the mine in question while its name or description remains on the First Schedule. [As amended by No. 77 of 1965]

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Part

scheduled mine the whole of his outstanding liability in respect of that mine in the event of the removal of

§ 94Interest on debts due to Board ..................................................................................................................................................... 37Provision

If a scheduled mine owner owes money to the Board, the Board may recover it with 7% yearly interest from the date it became due.

94. Interest on debts due to Board Whenever the owner of a scheduled mine owes the Board any sum of money under any provision of this Part, the Board may recover that sum from him with interest thereon at the rate of seven per centum per annum as from the date when such sum of money became due: Provided that the Board may from time to time waive or reduce any such interest in respect of any period.

Section 94Verify source

§ 95Priority of Board's claims ................................................................................................................................................................. 37Provision

If a scheduled mine owner or former owner is insolvent or being wound up and owes the Board money under this Part, the Board’s claim for that money and any interest takes priority over other claims, except lien-secured claims and claims with bankruptcy priority under the referenced Act.

95. Priority of Board's claims In the event of the winding up or insolvency of the owner or former owner of a scheduled mine who owes the Board any money under any provision of this Part, the Board's claim for the payment of that money and of any interest due thereon shall, notwithstanding any conﬂicting provision in any other law contained, have priority over every other claim (whether secured or unsecured) against the debtor or estate in question except over a claim which is secured by a lien or over that part of a claim which has priority by virtue of the provisions of the Preferential Claims in Bankruptcy Act. [Cap. 83]

Section 95Verify source

§ 96Regulations ............................................................................................................................................................................................ 37Repeal

The Minister may make regulations by statutory instrument to carry the Act into effect.

96. Regulations Part VII – General (1) The Minister may, by statutory instrument, make regulations for carrying this Act into effect. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may— (a) prescribe the time, place, nature of and procedure in connection with medical examinations to be made under the provisions of this Act, and the conditions subject to which appeals may be made to the Board of Appeal, and provide for the administration of the Bureau; (b) prescribe the forms to be used for certiﬁcates and reports to be issued under this Act, the forms to be used in keeping records required by this Act to be kept, and the form of any other document necessary for carrying out the provisions of this Act; (c) provide for the provision of transport by the Bureau or the payment by the Bureau of transport expenses necessarily incurred by a miner employed in that capacity when presented by his employer for a prescribed examination or when summoned by the Chairman By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 37 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed of the Board to attend at his ofﬁce for interview in connection with the payment of beneﬁt under this Act; (d) provide for the payment by the employer of basic wages which would normally be earned in respect of the time during which a miner is necessarily absent from work on account of having to undergo a prescribed examination or when summoned by the Chairman of the Board to attend at his ofﬁce for interview in connection with the payment of beneﬁt under this Act; (e) delete any item from, vary or add any item to, any Schedule; (f) subject to any speciﬁc provision of this Act, prescribe the fees for any act, matter or thing under this Act to be done or observed; (g) prescribe any other matter which is required to be prescribed under the provisions of this Act. [As amended by No. 31 of 1951, No. 15 of 1955, No. 30 of 1962 and G.N. No. 233 of 1964]

Section 96Verify source

Part

Part VII – General

§ 97Beneﬁts not to be assigned, charged or attached .................................................................................................................. 38Provision

Benefits paid or payable under this Act cannot be assigned, charged, attached by court order, or set off against an order for payment.

97. Beneﬁts not to be assigned, charged or attached No beneﬁt paid or payable under the provisions of this Act shall be capable of being assigned or charged nor shall such beneﬁt be attached by the order of any court, and the right to a periodical payment to a beneﬁciary shall not pass by operation of law to any other person, and no claim shall be set off against an order for such a payment.

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§ 98Republic to bear cost of administering this Act ...................................................................................................................... 38Amendment

The Republic must pay the costs of administering the Act, unless the Act specially provides otherwise.

98. Republic to bear cost of administering this Act Except where otherwise specially provided in this Act, all expenditure incurred in giving effect to any provision of this Act shall be defrayed from the general revenues of the Republic. [As amended by S.I. No. 124 of 1965]

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§ 99Notices by registered letter ............................................................................................................................................................ 38Provision

A notice is treated as properly given if it is sent by post in a properly addressed registered letter.

99. Notices by registered letter Any notice for which provision is made in this Act shall be deemed to have been properly given if it was sent by post in a properly addressed registered letter, and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

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§ 100Penalties ............................................................................................................................................................................................... 38Amendment

A person who commits an offence under the Act, where no special penalty is provided, may be fined up to 1,500 penalty units, imprisoned for up to 6 months, or both.

100. Penalties Any person who commits an offence against this Act for which no special penalty is provided shall be liable to a ﬁne not exceeding one thousand ﬁve hundred penalty units or to imprisonment for a term not exceeding six months, or to both. [As amended by Act No. 13 of 1994]

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§ 101Repeal and saving ............................................................................................................................................................................ 38Commencement

This section repeals the Silicosis (Temporary Arrangements) Act, subject to section 24.

101. Repeal and saving Subject to the provisions of section twenty-four, the Silicosis (Temporary Arrangements) Act, Chapter 189 of the 1948 Edition of the Laws, is hereby repealed. First Schedule (Section 2 and 96) Scheduled Mines For purposes of this act the following are the Scheduled Mines; (1) The Roan Antelope Copper Mine, operated at the commencement of this Act by Roan Antelope Copper Mines Limited, from the 1st March, 1962, by the Roan Division of Rhodesia Selection Trust Limited; from By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 38 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed the 1st April, 1968, by Luanshya Mines Limited, from the 15th August, 1970, by the Luanshya Division of Roan Consolidated Mines Limited, from the 1st April, 1981, by the Luanshya Division of Zambia Consolidated Copper Mines Limited. (2) The Mufulira Copper Mine, operated at the commencement of this Act by Mufulira Copper Mines Limited; from the 15th December, 1967, by the Mufulira Division of Mufulira Copper Mines Limited, from the 15th August, 1970, by the Mufulira Division of Roan Consolidated Mines Limited; from the 1st April, 1981, by the Mufulira Division of Zambia Consolidated Copper Mines Limited. (3) The Nkana Copper Mine, including the Mindolo section thereof, operated at the commencement of this Act of Rhokana Corporation Limited; from the 26th June, 1970, by the Rhokana Division of Ndranga Consolidated Copper Mines Limited; from the 1st April, 1981, by the Rhokana Division of Zambia Consolidated Copper Mines Limited and also any open-pit operated by the Rhokana Division of the last- named company. (4) The Nchanga Copper Mine, operated at the commencement of this Act by Nchanga Consolidated Copper Mines Limited; from the 26th June, 1970, by the Chingola Division of Nchanga Consolidated Copper Mines Limited; from 1st April, 1981, by the Chingola Division of Zambia Consolidated Copper Mines Limited; also any open (illigible words) from the 21st January, 1956, by Nchanga Consolidated Copper Mines Limited; from the 26th June, 1970, by the Chingola Division of the last-named company; from 1st April, 1981, by the Chingola Division of Zambia Consolidated Copper Mines Limited. (5) The Chibuluma Mine, operated from the 16th October, 1951, by Mufulira Copper Mines Limited; from the 1st May, 1952, by Chibuluma Mines Limited; from the 15th August, 1970, by the Chibuluma Division of Roan Consolidated Copper Mines Limited; from the 1st April, 1981, by Chibuluma Division of Zambia Consolidated Copper Mines Limited. (6) The Bancroft Mine, operated from the 19th January, 1954, by Bancroft Mines Limited; from the 26th June, 1970, by the Konkola Division of Nchanga Consolidated Copper Mines Limited; from the 1st April, 1981, by the Konkola Division of Zambia Consolidated Copper Mines Limited. (7) The Broken Hill Mine, operated from the 9th September, 1957, by Rhodesia Broken Hill Development Company Limited; from the 3rd April, 1965, by Zambia Broken Hill Development Company Limited; from the 26th March, 1971, by the Broken Hill Division of Nchanga Consolidated Copper Mines Limited; from the 1st April, 1981, by the Broken Hill Division of Zambia Consolidated Copper Mines Limited. (8) The Chambishi Mine, and any open-pit operated, from the 21st January, 1963, by Chambishi Mines Limited; from the 1st December, 1957, by the Chambishi Division of Mufulira Copper Mines Limited; from the 15th August, 1970, by the Chibuluma Division of Roan Consolidated Mines Limited; from the 1st April, 1981, by the Chibuluma Division of Zambia Consolidated Copper Mines Limited. (9) The Bwaua Mukubua Mine and any open-pit operated from March, 1968, by the Rokana Division of Nchanga Consolidated Copper Mines Limited; from 1st April, 1981, by the Rokana Division of Zambia Consolidated Copper Mines Limited. (10) The Kalengwa Mines and any open-pit operated from 1978 by the Chibuluma Division of Roan Consolidated Copper Mines Limited; from 1st April, 1981, by Zambia Consolidated Copper Mines Limited. (11) The Maamba Coal Mine and any open-pit operated by Maamba Collieries Limited. (12) The Nampandwe Mine operated from 1970 by the Broken Hill Division of Nchanga Consolidated Copper Mines Limited; from the 1st April, 1981, by the Broken Hill Division of Zambia Consolidated Copper Mines Limited. (13) The Kansanshi Mine, and any open-pit operated from August, 1977, by the Kankola Division of Nchanga Consolidated Copper Mines Limited; from 1st April, 1981, by Kankola Division of Zambia Consolidated Copper Mines Limited; (14) The Kansanshi Mine and any open cast working operated, at the date of its addition to this Schedule, by the Copper Mining Enterprises Trust Limited (COMET). By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 39 Pneumoconiosis Act, 1950 (Chapter 217) Zambia Repealed (15) Ndola Lime Quarry and Plant operated at the date of its addition to this Schedule by Ndola Lime Company. [Note: In this Schedule "open-pit" means the surface beneath the original surface of the ground which earlier mentioned surface of this ground which (illegible words) to exist due to the mining of metalliferous (illegible words) but does not match any trench or other description of pit.] [As amended by G.N. Nos. 257 of 1951, 22 of 1954, 57 of 1956, 228 of 1957, 40 of 1958, 72 of 1962, 18 of 1963, S.I. Nos. 246 of 1965, 165 of 1983, No. 142 of 1993 and No. 63 of 1996] Second Schedule (Sections 2 and 96) Scheduled places (1) The following are the working places at any scheduled mine which are situated above the surface of the ground, wherein work for the purpose of the deﬁnition of "miner" in section two ranks in the same fashion as work below the natural surface of the ground: (a) any silica-bearing rock crushing plant, silica-bearing rock screening plant, silica-bearing rock loading and tipping point or bell conveyor plant within and forming an integral part of such rock-crushing or rock-screening plant or rock-loading or tipping point including the immediate surroundings of any such plant or point; (b) any plant for the treatment of refractory copper ores (also known as the "TORCO" plant) and the immediate surroundings of such plant; (c) any roasting, sintering or other similar plant used for the conservation of sulphide ores to oxides and the immediate surroundings of any such plant; and (d) any weightbridge; (e) any rock drill sharpening shop used by miners (2) The following are the coal crushing plant and coal pulverising plants are scheduled places: (a) (b) the main coal crushing plant and coal pulverizing plant, at the Roan Antelope Copper Mine operated at the commencement of this Act by the Roan Antelope Copper Mines Limited; from the 1st March, 1962, by the Roan Antelope Division of Rhodesian Selection Trust Limited; from the 1st April, 1968, by Luanshya Mines Limited; from the 15th August, 1970, by the Luanshya Division of Roan Consolidated Mines Limited; from the 1st April, 1981, by the Luanshya Division of the Zambia Consolidated Copper Mines Limited; the receiving bins, crushers and all conveyor belts forming part of the coal preparation system, up to and including the belt above the power station bunkers serving the smelter and the receiving bins, and all conveyor belts or the reﬁnery, but excluding the coal pulverizing plant of the reﬁnery, at the Mufulira Copper Mines, operated at the commencement of this Act by Mufulira Copper Mines Limited; from the 15th December, 1967, by the Mufulira Division of Mufulira Copper Mines Limited; from the 15th August, 1970, by the Mufulira Division of Roan Consolidated Mines Limited; from the (3) The following, situated above the surface of the ground at the Maamba Coal Mine and involved in the crushing of coal or any other minerals, are scheduled places: (a) any plant, together with the immediate surroundings thereof; (b) any station on the aerial rope-way, together with the immediate surroundings thereof; and [Note: In this Schedule "immediate surroundings", in relation to any building, installation, plant or other speciﬁed place, means an area bounded by a line ﬁve metres from the perimeter of any such building, installation, plant or place or, as the case may be, such greater or lesser area as the Director of the Bureau may, after consultation with the Chief Health Inspector of Mines, determine.] [As amended by G.N. Nos. 38 of 1953, 352 of 1959, 72 of 1962, S.I. Nos. 246 of 1965 and 165 of 1983] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 40

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Legislative relationships

16 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

14 instruments

Adoption Act
Section 2
Appeal is to be established when the Act
Section 25
Appeal must meet as often as necessary and must consider appeals made under the Act
Section 27
Appeal shall be valid for any purpose of this Act
Section 23
Board (1) It shall be the duty of the Board generally to carry into effect the provisions of this Act
Section 11
Board (1) Upon the commencement of this Act
Section 7
Board for this Act
Section 12
Board may exercise all or any of the powers conferred upon the Board by this Act
Section 4
Board to attend at his office for interview in connection with the payment of benefit under this Act
Section 96
Board. (2) The amount and nature and method of payment of every benefit under this Act
Section 17
British Act
Section 13
Bureau by the person responsible under this Act
Section 54
Bureau shall be conclusive evidence for the purposes of this Act
Section 38
Bureau Upon the commencement of this Act
Section 20

N–S

2 instruments

Preferential Claims in Bankruptcy Act
Section 95
Silicosis (Temporary Arrangements) Act
Section 101

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Pneumoconiosis Act, 1950

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