Emergency (Essential Supplies and Services) Regulations, 1988

This section gives the Regulations their short title.

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Jurisdiction: Zambia
Instrument: Statutory instrument
Citation: SI 38 of 1988
Version: 19 Feb 1988
Language: en
Official source: View official record ↗

commodity pricing compliance confiscated property confiscation deportation disposal of goods dispute resolution enforcement government payment licence revocation possession and control premises entry property acquisition rulemaking search powers territorial scope

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About this statute

This section gives the Regulations their short title. These Regulations apply throughout the Republic, and a non-citizen whose Trades Licensing Act licence has been revoked by the President may be deported. The Republic may acquire or take possession or control of certain property or undertakings other than land, and the President may authorize a person to enter and take possession or control on behalf of the Republic. A person authorised by the President may, without warrant, enter and search premises linked to a revoked licence. Goods or commodities found on regulated property or undertakings, and belonging to a person or company whose licence has been revoked, may be confiscated and then disposed of as the President directs.

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Provisions of Emergency (Essential Supplies and Services) Regulations, 1988

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1
These Regulations may be cited ai;; the Emergency
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AI-assisted research summary: This section gives the Regulations their short title.

1. These Regulations may be cited ai;; the Emergency (Essential Supplies o.nd Services) Regulations, 1988. Title Application Deportation of certain non-citizenA. Cap. 707 Power to acquire property Cap. 707
2
These Regulations shall apply to the whole of the
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AI-assisted research summary: These Regulations apply throughout the Republic, and a non-citizen whose Trades Licensing Act licence has been revoked by the President may be deported.

2. These Regulations shall apply to the whole of the Republic. 3 Any person who is not a citizen of Zambia and whose licence undor the Trades Licensing Act has boon revoked by the President may be deported from the Republic.
4
(1) It is hereby authorised that any properby 01 under
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AI-assisted research summary: The Republic may acquire or take possession or control of certain property or undertakings other than land, and the President may authorize a person to enter and take possession or control on behalf of the Republic.

4. (1) It is hereby authorised that any properby 01 under taking, other than land, belonging to- (a) any person referred to in regulation 3; or (b) any person or company whose licence has boon revoked by the President under tho Trades Licensing Act: may be acquired or possession of, or control over, such propert.y or undertaking may be taken or acquired, by the Republic. (2) In exercise of the powers contained in sub-regulation (1), tho President may authori1:1e any pernon to enter any properby or undertaking and take pcssession of, or control on behalf of the Republic of. such property or unde1·taking, and exercise any powers contained in those Regulations in respect of such property or underta1dng notwithstanding that no compensation has yet bern agreed or paid.
5
A persoa authorised by the President (hereinafter
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AI-assisted research summary: A person authorised by the President may, without warrant, enter and search premises linked to a revoked licence.

5. A persoa authorised by the President (hereinafter referod to as an "autho1ised person") may at any time, without warrant, enter and search a.n.v pTomises belonging to any pArson or company whoso licence has been revoked by the President under tho Ti.a.des Licensing Act. Entry and search Cap. 707 Copies of this Statutory lnatrwncnt can be olitained from the Governmem Printer ' P.O. Boe :J•llJ6, Lusaka, Price 2-ln well. 108 Dispoijo.l of goods and <'ommodities Co.p. 690 Compensa• tion to be paid Dispute.a Procodure in National Assembly Offences and penaltie� Statutory Instruments 19th Februr.17, 1988
6
(1) Any good,, or commodities found on any property
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AI-assisted research summary: Goods or commodities found on regulated property or undertakings, and belonging to a person or company whose licence has been revoked, may be confiscated and then disposed of as the President directs.

6. (1) Any good,, or commodities found on any property or undel'taking wltich is the subject of regulation 4 and be longing to, any person or company whose licence has been revoked according to regulations 3 and 4 (I) (b) respectively may be confiscated and tboreaftor disposed of as the President may direct. (2) In these Regulations the words ·' goods " and " com modities " have the moaning assigned to them in the Control of Goods Act.
7
Where any of tho powers contained in regulation 6 are
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AI-assisted research summary: If the powers in regulation 6 are exercised, the Minister responsible for finance must pay on behalf of the Republic, using different prices depending on whether the goods or commodities were bought under a wholesale or retailer's licence.

7. Where any of tho powers contained in regulation 6 are exercised, the Minister responsible for finance shall, on behalf of the Republic, pay- (a) in the case whc,c the goods or commoditiei-i were purchased on a. wholesa.lo licence, tho ma.nufactnror's price; (b) in a. case whcro the goods or commoditie,; were pur 1·etailors licence, tho wholesaler's chased on a. price.
8
(1) ,vhero any dispute arises as to the amount of com
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AI-assisted research summary: If a compensation amount is disputed and not settled within six months, the Attorney-General or claimant may refer it to the National Assembly, which decides the amount by resolution.

8. (1) ,vhero any dispute arises as to the amount of com pensation, the Attorney-General or auy porson claiming compen<Jation may, 1f such dispute is not settJod within six months. rnfer the dispute to tho National Asc::cmbly which shall by resolution dete1mine the amount of compensation to be paid. (2) No compensation determined by the Natioual AsRembly under these Regulations 1-!hall be called in question in any Court on tho grounds that it is not adequate. (3) Tho exiRtenco of any dispute shall not affect tho right of the President and persons authorised by him to take possession of, or control of, any property or dispose of any goods or commodities confiscated.
9
Where a dispute as to the- amount of compensation is
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AI-assisted research summary: If a compensation dispute is referred to the National Assembly and either party wants to give evidence, a select committee must hear that evidence.

9. Where a dispute as to the- amount of compensation is referred to tho National Assembly and either party wishen to adduce ovidsncc, such evidence shall be heard by a select committee of the National Assembly. The powers, duties and proceeding<: of such select committee shaH be governed by the Standing Orders of the National Assembly for the time being in force.
10
Any person who wilfully fails to comply with an order
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AI-assisted research summary: Any person who wilfully disobeys an order to yield possession or obstructs an authorized person commits an offence and may be fined or imprisoned.

10. Any person who wilfully fails to comply with an order to yield up possession, or who wilfully hinders or obstructs any duly authoriRcd person taking po!.Re.,<iion of, or control of. any undertaking or property in terms of these Regulations or exorcising any rights or performing anv functions unde� these Regulatiom shall be guilty 0f an offence and liable on conviction to a fine not exceeding t,en thousand kwacha or to imprisonment for a. term not exceeding two years, or to both. 19th Februa.ry, 1988 Statutory Instrwnents 109
11
The 11'Iinister responsible for <·ommorce may, by statutory Ordet·
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AI-assisted research summary: The Minister responsible for commerce may make orders by statutory instrument to better carry out these Regulations.

11. The 11'Iinister responsible for <·ommorce may, by statutory Ordet· iustrument, mako order'3 fo1· the bettor carrying out of tho provision.'3 of these Regulation'!. LUSAKA 1 !lth F<'hruary, 1988 KENNJ;;TH D. KAUNDA, Pre8ident

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Emergency (Essential Supplies and Services) Regulations, 1988

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