Export Development Act, 1985
This Act may be cited as the Export Development Act, 1985, and starts on a date the Minister appoints by statutory instrument.
- Jurisdiction
- Zambia
- Instrument
- Act or statute
- Citation
- Act 25 of 1985
- Version
- 31 Dec 1996
- Language
- en
- Official source
- View official record ↗
Statute overview
About this statute
This Act may be cited as the Export Development Act, 1985, and starts on a date the Minister appoints by statutory instrument. This section defines several terms used in the Act, unless the context requires otherwise. This section establishes the Export Council of Zambia and lists its members. The Council must supervise the Act, set and approve national policies to promote exports from Zambia, and handle appeals or complaints under the Act. It may also direct the Board, and the Board must follow those directions. The Council may regulate its own procedure and must follow rules on meetings, quorum, voting, minutes, and who may preside or call meetings.
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Provisions of Export Development Act, 1985
Showing 25 of 25
- 1 Verify source ↗
This Act may ho c•itod as thu Export Devoloprnont Aot,
This Act may be cited as the Export Development Act, 1985, and starts on a date the Minister appoints by statutory instrument.
1. This Act may ho c•itod as thu Export Devoloprnont Aot, 1985, &nd shall Clomo into operatilm on such dl\to as tho l\'linistor may, by statutory instrument, appoint. !:lhort title and oommonO& ment - 2 Verify source ↗
In this Aot, unlea" the context othol'Wise requires
This section defines several terms used in the Act, unless the context requires otherwise.
2. In this Aot, unlea" the context othol'Wise requires- " Board " means the Export Board of Zambia ostabluihe<l protat11rn by section nine: " Council " means the Export Council of Zambia establi shed by section thru; " Deputy Dirootor " means the pe-rson o.ppointad Deputy Diruotor of the Board under section nineteert; " Dirootor " means tho pers1111 u.ppuintod Diroot<Jr of the Board under section nineteen; " Sece-rtary " moaus the person appointed Secretary of the Board under section twenty; Singla oopiu of thi.8 Aol may bs obtained from t1" G011emmimt Prmlef', P.O. Boz 30136, Lu.tflko. P� 20n. 142 No. 25 of 1985J Export Development PART 11 EXPORT COUNCIL Oil' ZAMBIA Establish ment and composition of C-ouncil
Part
PART 11
- 3 Verify source ↗
There is hereby established the Export Council of
This section establishes the Export Council of Zambia and lists its members.
3. There is hereby established the Export Council of Zambia which shall consist of the following members- (11) the Prime Minister, who shall be the Chairman; (b) the Minister responsible for commerce, who shall be the vice-chairman; (c) the :Ministers responsible for indu_stry, finanoo, agricul ture, foreign affairs, co-operatives, mines, tourism and transport; (cl) the Governor of the Bank of Zambia; (e) the Director-General of the Zambia. Industrial and Mining Corporation Limited; (/) the chief executive of the Zambia. Consolidated Copper .Mines Limited; (g) not more than four other members nominated by organisations or associations reoognisod by the Minister responsible for commerce o.s representing exporters and other persons concerned with export trade. - 4 Verify source ↗
( l) The functions of the Council shall be
The Council must supervise the Act, set and approve national policies to promote exports from Zambia, and handle appeals or complaints under the Act. It may also direct the Board, and the Board must follow those directions.
4. ( l) The functions of the Council shall be- (a) to supervise the implementation of this Act; (l1) to formulate and approve national policies aimed at developing, promoting and encouraging export of goo<ls arnl ttervioes from Zambia; (c) to deal with any appeal_s or complaints reoeived by it under this Act. (2) The Council may give to the Boe.rd such gonera.l or specific directions with respect to tho discharge of its functions as i� may consider neceas&ry, and the Boa.rd shall give effoot to such directions. Funct,01111 of Council Prooeedinga of Council - 5 Verify source ↗
(1) Subject to the proviaions of this Aot, the Council 11111y
The Council may regulate its own procedure and must follow rules on meetings, quorum, voting, minutes, and who may preside or call meetings.
5. (1) Subject to the proviaions of this Aot, the Council 11111y regulate its own procedure. (2) The Council shall meet for the transaction of husiness at least twice every twelve month-8 a.t such pla.oos and at such times a.s tho Council chairman may decide. (3) Upon giving notice of not less than twenty-one da.ys, a meeting of the Council ma.y be called by the Council chairman or in his absonoe by the Council vice-chairman: Provided that if the urgency of any particular matter does not permit tho giving of such notice, a special meeting may be called upon giving shorler notice. Ezport Development (No. 25 of 1985 143 (4) Seven Council membors shall form a quorum at any mooting of the Council. (5) There shall prosido at any mcoting of tho Council its chairman or in his absence, its vico-chairman o:r in thoir o.bsenoo, such member as the members presont may oleot for tho purpose of that mooting. (6) A decision of tho Council on any question shall bo by a majority of tho members presont and voting at the mooting and, in tho event of an equality in votes, the person presiding at the meeting shall have a ca.sting vo"t$ in addition to his deliberative vote. (7) The Council may invite any person, whose presence is in its opinion dosira.blo, to attend and to participate in the deliberations of a. meeting of the Council but such 1:>erson shall ha. vo no vote. (8) The validity of any proceedings, act or decision of tho Council shall not bo a.ffectod by a.ny vacancy in tho membership of the Council or by any dofeot in tho appointment of any Council member or by reason that any person not ontitled so to do took part in the proceedings. (9) The Council shall cause minutes to be kopt of tho pro ceedings of every meeting of the Council. (10) The Secretary of tho Board shall be the Socretary to the Council. - 6 Verify source ↗
All expenses incurred by the Council in tho performance Expenaea
The Council’s expenses for carrying out its functions under the Act must be paid from the Board’s funds.
6. All expenses incurred by the Council in tho performance Expenaea of ita functions under this Act shall bQ paid out of the funds of of the Board. Oounoi1 - 7 Verify source ↗
(1) If any person is prooont at a mooting of tho Council :E>illolosure
Council meeting participants with a personal or spousal interest in a matter must disclose it and generally must not join in discussion or voting unless the Council directs otherwise.
7. (1) If any person is prooont at a mooting of tho Council :E>illolosure at which any matter in which such person or hiiJ spouse is of 1n1,41r1;1it directly or indirectly intorostod in a private capacity is tho subject of consideration he shall, as soon as practica.blo aftor the oommencement of the meeting, diaoloso such interost and shall not, unloss the Counoil otherwise directs, tako part in �ny consideration or disouooion of, or vote on, any queation touching such ma.tter. (2) A disclosure of interest made under this seotion !!hall be recorded in the minutes of the meeting at which it is m:\de. 8. No aotion or other proceedings shall lie or be instituted ago.inst any Council mon•ber for or in rcspoct of any o.ct or thing done or omitted to ho dono in good faith in tho o.x:oroise or purported exorcise of his funotions Wlder this Act. Immunity of Cmuir,il member1 144 No. 25 of 1985] Export Development PART ill EXPORT BOARD OF ZAMBIA Establiah• ment of Board
Part
PART ill
- 9 Verify source ↗
Thero is horoby established tho Export Board of Zambia
The Export Board of Zambia is established as a body corporate with perpetual succession and a common seal, and it can sue and be sued in its own name.
9. Thero is horoby established tho Export Board of Zambia whioh shall be a body oorporate with porpotua.1 succession and a common sea.I, capable of suing and of being suod in its corporate name aT\d with power, subject to the provisions of this Aot, to do all suoh acts and things as a body corporate may by law do or perform. Seal of Board - 10 Verify source ↗
(I) The seal of the Boa.rd shall be suoh devico as may bo
The Board controls the form of its seal, the Secretary keeps it, and certain Board officials may authenticate or use documents without the seal in specified cases.
10. (I) The seal of the Boa.rd shall be suoh devico as may bo dot.ermined by the Board and shall bo kept by tho Seorotary. (2) Tho Boa.rd mo.y uso a wafer or rubbor stamp in lieu of tho seal. (3) The affixing of tho soaJ shall bo authentioatod by tho Board chairman or tho Boo.rd vioo-cho.irma.n, and tho Soorotnry or such other porson as may bo a.uthoriso<l by tho Board io Lh1\t bohalf. (4) Any contract or in�trumont which, if onterod into or executed by a por:ion not boing a body corporate, would not bo roquirod to bo unclor seal, ma.y bo ent.orod into or oxocutod without seal on behalf of tho Boa.rd by tho Socretary or any other person genera.Uy or specifically authorised by tho Board in that behalf. (5) Any document purporting to bo a clocumont undor the seal of the Board or issuod on boha.lf of tho Board shall be roooivod in ovidenco and shall bo doomed so oxocutod or issuod, as tho caso may bo, without further proof, unloss the oontro.ry ia proved. C-0mpoeition of Board - 11 Verify source ↗
(1) The Board sho.11 consiit of tho following mombors
The Council appoints the Board chair and other members, and the Board elects a vice-chairman.
11. (1) The Board sho.11 consiit of tho following mombors - (a) the chairman ivho shall bo appointod by tho Council; (b) not loss thau five but not moro than nino other membors appointed by tho Council from among persons who have had e).-porionoo in industry, trooo and fini.nco or any other fiold connected with O:\.-port development and promotion; and at least half of such members shall be chosen from the business sector. (�) Thero shall bo a vice-chairman elocted by the Board from amongst its membard. Tenure o( office and vacancy l2. (1) A membor shall hold office for a poriod of three yoord from tho date of his a.ppointmont and may be ro-appoint.ed upon the expiration of such t.erm. ----------=------=-----� Export Devel<>J.Jment [No. 25 of 1985 145 (2) A member moy resign upon giving one month's notice in writing to the Council and may be removed by the Council upon giving like notico. (3) The offico of a. mombor shall become vacant (a) if he is declared to be of unsound mind; (b) if ho is adjudged bankrupt; (c) if ho is detain.ad, or his freedom of movement is restricted, under any law in force in Zambia. for a period in. exccAs of six months; (d) if he is sentenced to a torm of imprisonmont of not less than six months; (e) if he is convicted of any offonoo involving dishonesty; (/) upon the expiration of not loss than one month's notice given in writing by the member to the Council of tho mombor's intention to resign from tho Board; (g) if ho ic! absent from three consecutive mootings of the Boa.rd without reasonable cause; or (li) upon tho expiration of not less than one month's notice given in writing to the member by the Council. - 13 Verify source ↗
A mumber other than a public offioor shall be pa.id suoh
A member other than a public officer is to be paid remuneration or an allowance, and the Council may decide the amount from time to time.
13. A mumber other than a public offioor shall be pa.id suoh remunoration or allowanoo as the Council may from time to time detormi.n.o. - 14 Verify source ↗
(I) The functions of the Board shall be to do all such
The Board must take necessary steps to develop, promote, and encourage exports of goods and services from Zambia, and it may also carry out several export-support functions.
14. (I) The functions of the Board shall be to do all such acts and things as are necessary to develop, promote and encourage, in accordance with tho policies approved by tho Council, tho export of goods and services from Zambia. Remunera t.iou and allowauoea ofmembe1'11 Functiona of Board (2) Without prejudice to the gonorality of subsection (I), the Board ma.y- (a) recommend for the approval of the Counoil- (i) policies relating to tho development, promotion, o.nd encouragement of oxport of goods and aorvico:. from Zambia.; (ii) policies rolating to tho adoption, entering into or ratification of multi-lateral and bi-lateral agrooment.<J which a.ffoct exports from Zambia; (iii) measures aimed at improving existing laws, systems and programmes with a view to maxim.ising expoi ts from Zambia; (b) complement the efforts of exporters in Zambia by (i) collecting and disseminating in.formation, statistics and other relevant data relating to markets or potential markets abroad; (ii) assisting them to benefit from incentives, credits, crodit guarantee schemes, export guarantee schemes, oto. i 146 No. 25 of 1985] E.vport Development (iii) providing technical lmow-how and specialised assistance ; (iv) advising them on acquiring inputs for manu facturing goods for oxport ; (v) co-ordinating the organisation of, and partici pation in, trade affairs in Zambia; (vi) adming them on maintaining the quality, supply a.nd pricos of goods and services for oxport; (c) promote e>q>ort trado by- (i) pa.rt icipa.ting in trade affairs a.broad and assisting and co-ordinating Zu.mbian exporters to so participate ; (ii) disseminating abroad information on Zambia, Zambian goods and services with a. view to developing markets for Zambian exports; (iii) liaising with orgarosations abroad with a viow to developing roa.rkots for Zambian exports ; (iv) liaising with Zambian missions a.broad and foreign missions in Zambia to co-ordinate efforts to promote Zambian e1tports; (v) a sisting and co-ordinating trade delegations to and from Zambia ; and (d) organise training program.mos, seminars and workshops on activities connected with exports from Zambia. (3) The Boa.rd may, in accordance with regulations made by statutory instrumont, establish a revolving export fund denominated in a foroign currency and out of such fund may loud any foreign exchange for the purpose of securing imported inputs required to fill exports orders of non-traditional products in excoss of tho quantities, if any, exporLod by that enterpriso in ·ts procod'.ng financial yoor. (4) The Boa.rd may, by directions in writing and subject to such terms and conditions as it thinks fit, delegato to the Direct.or, any momber or the Secretary a.ny of its functions under this Act. ?J'OOMdlnaa of Board - 15 Verify source ↗
(1) Subject to the provisions of this Act, the Board may
The Board may regulate its own procedure, and it must hold meetings, keep minutes, and follow rules on notice, quorum, presiding, and voting.
15. (1) Subject to the provisions of this Act, the Board may regulate its c,wn procod ure. (2) The Board shall meet for tho transaction of business at lea.at once every month at such placea and at iUch times as the Chairman may decide (3) Upon giving notice of not loss than fourteen days, a. meeting of the Boa.rd may be called by the Chairman and shall be called if not less than five member� so request in writing: Pro, idcd that if the urgency of any particular matter does not pormit tho giving of Huch notice, a special meeting may be called upon giving a shorter notice. ExpO'l't Development [No. 25 of 1985 147 (4) The particuJa.rs of any busino� to bo transacted at a meeting of the Board imall be circulated to tho mombers with the notice of tho meeting. (6) Five mombors shall form a quorum at any mooting of tho Boa.rd. (6) Thoro shall preside at any mcoting of tho Boa.rd its Chairman or in his ab.;once, its Vico-Cha.irma.n or in their absence, such mombor as the membors prosont may olect for the purp<.so of that meeting. (7) A decision of tho Boa.rd on any quostion shall bo by a majority of the mombors present and Yoting at tho mooting and, in tho evont of an equality of votes, tho person prosicling at the meeting shall havo a co.sting vote in addition to his dolibora.tivo vot,o. (8) Tho Board may invite any parson, whoso presence is in it.8 opinion dosira.blo, to attend nnd to participato in tho delibe rations of a mooting of the Boa.rd but such poraon shall lla.vo no vote. (9) The validity of any procoodings, a.ct or deoision of tho Board shall not bo affected by n.ny vo.oancy in tho mombc1,ghip of tho Board or by any defoct in tho a.ppointmont of any mombor or that any por:mn not 011,titlod so to do took pa.rt in tho procooclir\gs. (10) Tho Boa.rd shall causo minutes to bo kopt of the proceedings of every meeting of tho Boa.rd a.nd of ovory mooting of any committee ostablishod by tho Board. - 16 Verify source ↗
(1) Tho Board mny, for the pt1rposo of porforming itci
The Board may create committees, delegate functions to them, appoint committee members, and committees may set their own procedure subject to Board directions.
16. (1) Tho Board mny, for the pt1rposo of porforming itci functions under this Aot, establish committoos whose Chairman shall be a Boa.rd member and may dologa.to to any auch com mittee such of its functions as it thinks fit. Oommi.ioes of Boord (2) Tho Board may o.ppoint a.s members of a. committee esta.blishod nndor subsection (1), porson!! who aro or aro not mombors of tho Boa.t·d and such peraona shall hold oflioo for such period os tho Board may dotormine. (3) Subjoct to any specific or genera.I direction of tho Boord, any committee established undor subsection (1) ma.y rogula.to its own prooeduro. - 17 Verify source ↗
Tho provisions of section seven shnll apply mutatis
Section 7 applies, with necessary changes, to Board members and members of any Board committee.
17. Tho provisions of section seven shnll apply mutatis mulandis to mornbors of the Board and to members of any oommittoo of the Boa.rd. DisolosUN of interest - 18 Verify source ↗
Tho provisions of section eight shall apply mutatis
Section 8 applies, with necessary changes, to Board members and members of any Board committee.
18. Tho provisions of section eight shall apply mutatis mutandi8 to tho mombora of tho Boo.rd o.nd to mombors of u.ny committoo of tho Board. Immuni�.T of mcmbe,a 148 No. 25 of 1985] ------- ____ ...;:... ___ ___;: __________ _ Jt.i1,01·t DcvelopmP11t Director and Deputy Dirootor PART IV ADMINISTRATION
Part
PART IV
- 19 Verify source ↗
(1) Subjoct to tho o.pproval of tho Council, tho Board
The Board appoints the Director, with Council approval, and may also appoint a Deputy Director.
19. (1) Subjoct to tho o.pproval of tho Council, tho Board shall appoint, on such torms and condiLions 1l.s it mo.y dotormino, a Director who shall bo the chiof oxocutivo omcor of tho Board and who, subjoct to tho control of tho Boa.rd, shall bo responsible for tho overall mana�emont and tho administration of the affairs of tho Board ancl tho Board may in Wm mannor, appoint a. Doputy Diroctor to o.ssfat tho Diroctor. (2) Tho Doputy Dit-octor shall di�obargo tho functi ons of tho Director whonovor tho offico of Director is vacant or tho Director is absent or is for any othor causo una.blo to disohargo tho funotionf'! of his ollice. (3) Tho Director, or in his ab3onco tho Doputy Diroctor, shall attend mootingR of tho Board and nrny attoncl meetings of any comrnittoo establishod by tho Boo.rd and mo.y a.ddross such mootings, but shall not vote on any matt-Or : Provided that tho person prosiding at any such mooting, may for good cause, roquiro tho Diroctor or tho Deputy Diroctor, as tho caso may bo, to withd.rMv from tho mooting. (4) Tho provisionf'! of sootion seven shall apply mutatis mulandis to tho Director ancl tho Deputy Director. Sooretary llild other staff - 20 Verify source ↗
(1) Thoro shall bo o. Soorota.ry of tho Board who shall
The Board appoints the Secretary and any other staff, and the Secretary runs the Board’s day-to-day affairs under the Director’s supervision.
20. (1) Thoro shall bo o. Soorota.ry of tho Board who shall bo appointed by tho B oard on such torrns o.nd conditions as tho Boo.rd may dotormino. Prohibition of publication or di.icleauro of information to unauthorised persons (2) 'fho Socrotary shall oo.rry out tho dt\y-to-day affairs of tho Board widor tho Ruporvision of tho Diroctor. (3) Tho Board may o.ppoint, on such torm11 l\Ud conditions as it may clotormino, such othor staff o.s it con$iclorl! nocossMy for tho porfornrnnoo of its functions. - 21 Verify source ↗
( 1 ) No 1>0cson 11hall, wit.hout tho consent ir\ writing
A person must not publish or disclose confidential information obtained through duties under the Act without written consent from or on behalf of the Board.
21. ( 1 ) No 1>0cson 11hall, wit.hout tho consent ir\ writing givon Ly or on bohalf of tho Bo:ml, publish or clholol\c to nny peri-on, othorwii,o tho.n in tho conrao of hfa dutio.➔, tho cont.outs of any <locumor\t, communication or information wha�oo\·cr, which rolato.-i to, and which has como to his kn.owlodgo in tho cowso of his duties under this Act. (2) Any porson who knowingly contravonos tho provisions of subsection (1) shall bo guilty of an offonco and shall bo lia.blo, upon conviction, to o. fino not oxcoo<ling fivo thousand kwacha or to impri:mnmont for a term not oxcooding tb.roo yea.rs, or to both snob fino and imprit;onmont. (3) If o.ny porson having information which to his knowlo<lgo has boon published or cfuclosocl in contravention of subsection ( l ) Wl.lawfolly publishes or oonunuaicatos any Ruch information Export Development -------- ---='---------'::.......-------'---- [No. 25 of 1985 149 to any othor pordon, ho shall bo guilty of an offol\CO and shall bo lit•blo, upon co:wiction, to a fme not excoocling five thousand kwa<'ha c,r to imprisonment for a. torm not exooocling three yoard, or to both such fino a.nd imprisonment. PART V Fn.A�CIAL AND OTHER PROVISIONS
Part
PART V
- 22 Verify source ↗
( l ) The funds of the Boord shall consIBt of such moneys
The Board’s funds come from appropriations, grants or donations, and money that vests in or accrues to it. The Board may accept grants or donations, raise money, and charge fees, with some actions needing Council approval. The Minister may direct surplus funds to be paid into the Republic’s general revenues.
22. ( l ) The funds of the Boord shall consIBt of such moneys as may- Funda of Board (a) bo appropriatod by Parliament for tho purposes of tho Board ; (b) be paid to tho Board by way of grants or cloMtions ; and (c) vc:,t in or accrue to tho Bon.nl. (2) Tho Boa.rd may- (a) accept moneys by way of grants or donations from nny source in Zambia. and, subjoct to tho appro,·a.l of tho Council, from. any source outi:nde Zambia ; (b) subject to tho approval of tho Council, rai'le by way of loans or otherwise, such monoys as it may require for tho (ligcharge of its fw1otions ; and (c) oho.rgo and collect foos in roopoot of progranunos, Rom.inarn, con!!ultancy serricos, and other sorvioos prondod by tho Board. (3) Thoro shnll he p:-1icl from tho funds of tho Board- (a) all oxponsos incurrotl by tho Council in tho porformnnco of its function'! wldor this Act; (b) tho solarios, allowancoo and loans of tho staff of tho BoMd ; (c) such roasonnblo trin·olling, tmnsport and subsist.once allowanoos for mornbors or momborti of u.ny committoo of tho Boa.rel whon engaged on tho business of tho Board, at such ratos as tho Council may determine; a.n<l (cl) any othor oxponsos incurred by tho Board in tho porform�noo of its functions. (4) Tho 1',,linistor may, from time to timo, cliroct tho Board to pay into the gonornl revonuos of tho Ropublio such portion of its surplus funds as ho shall cleterm.ino. - 23 Verify source ↗
Tho fin:moiol yoar of the Bol\rd shall bo tho poriod of Fi111Lnci!IJ
The Board’s financial year is a 12-month period ending on 31 December each year.
23. Tho fin:moiol yoar of the Bol\rd shall bo tho poriod of Fi111Lnci!IJ twel\"o months ending on the 31st Docombor in i,aoh year. yoar · - 24 Verify source ↗
(l) The Board shall cause to be kopt proper books of Aooounts
The Board must keep proper accounting books and related records, and receive a comprehensive accounts report at least every three months.
24. (l) The Board shall cause to be kopt proper books of Aooounts account and othor records relating to its accounts. (2) Tho Board shall rocoivo a oomprohonsivo report relating to its accounts at lea.st once in every throe months. 150 -------- No. 25 of 19S5] Export Development Annual reporc Appeala to Council Regulabiorut - 25 Verify source ↗
(1) As soon t1s practicable, but not lo.ter than six months
The Board must send an annual activities report to the Council within six months after each financial year ends, and the Minister must table that report in the National Assembly within seven days after the first sitting following Council receipt.
25. (1) As soon t1s practicable, but not lo.ter than six months after tho expiry of oo.ch financial year, tho Board shall submit to the Council a report concerning its activities during such financial year. (2) Tho report roforred to in subsection ( 1 ) shall include information on the financial affairs of tho Boo.rd and there shall bo appended thoreto- (a) a balanco shoot ; (b) an audited sto.tomont of income o.nd oxpondlturo; and (c) such other information as tho Council may require. (3) The Minister shall, not later than sovou days after tho ftrst sitting of tho Nationnl Assembly next after the receipt by tho Council of tho report roferred to in subsection (1), lay it boforo the National Assombly. - 26 Verify source ↗
(1) Whoro o.ny person is aggriovod by any decision made
A person aggrieved by a government-related export decision may appeal to the Council within 30 days.
26. (1) Whoro o.ny person is aggriovod by any decision made by tho Board or any other person acting for or on bohalf of the Government, relating to the export of goods a.nd services from Zambia, he may, within thirty days of such decision, appeal to the Council. (2) Tho Council may confirm, altor, vary, nmend or rescind any dooision appealed against, stating reasons for its decision. - 27 Verify source ↗
On the rocomroondation of tho Council, the Minister
The Minister may make regulations by statutory instrument, but only on the Council’s recommendation.
27. On the rocomroondation of tho Council, the Minister may, by statutory u\strume1,t, make regulations prescribing anything whioh by this Act is roquirod or permitted to be prescribed, and for tho bettor carrying out of the purposes of this Act.
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