CHAPTER 2
INTERPRETATION AND GENERAL PROVISIONS ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Application

PART II
GENERAL PROVISIONS OF INTERPRETATION

   3.   Interpretation

   4.   Grammatical variations, gender and number

   5.   Service by post

   5A.   Names of Provinces, Districts, etc.

PART III
GENERAL PROVISIONS REGARDING WRITTEN LAWS

   6.   Acts, Applied Acts and Ordinances to be public Acts or Ordinances

   7.   Citation

   8.   Citation of Acts of the Parliament of the United Kingdom

   9.   Schedules and tables to be part of written laws

   10.   Subdivision of written laws

   11.   Repealed written law not revived

   12.   Repeal of amended law to include amendments

   13.   Repeal and substitution

   14.   Provisions with respect to amended written law and effect of repealing written law

   15.   Effect of repeal of written law on statutory instrument made under it

   16.   Construction of amending written law with amended written law

   17.   Effect of expiry of written law

PART IV
STATUTORY INSTRUMENTS

   18.   Publication of statutory instruments

   19.   Commencement of statutory instruments

   20.   General provisions relating to statutory instruments

   21.   Reference to written law to include statutory instruments

   22.   Rules to be laid before the National Assembly

PART V
POWERS AND DUTIES

   23.   Exercise of power between publication and commencement of Act

   24.   Time for exercise of power

   25.   Implied power

   26.   Power to appoint includes power to remove

   27.   Power to appoint alternate or temporary members

   28.   Power to appoint chairman, etc.

   29.   Appointment by name or office

   30.   Reference to holder of office includes a person discharging functions of office

   31.   Power of majority

   32.   Law officers

   33.   Powers of board, etc., not affected by vacancy, etc.

   34.   Affixing of common seal

PART VI
GENERAL PROVISIONS REGARDING TIME AND DISTANCE

   35.   Computation of time

   36.   Provision where no time prescribed

   37.   Construction of power to extend time

   38.   Measurement of distance

PART VII
GENERAL PROVISIONS REGARDING LEGAL PROCEEDINGS

   39.   Ex-officio proceedings not to abate on death, etc.

   40.   Imposition of a penalty no bar to civil action

   41.   Provisions as to offences under two or more laws

   42.   Amendment of penalty

   43.   Penalties prescribed may be maximum penalties, but may be cumulative

   44.   Disposal of forfeits

   45.   Disposal of fines and penalties

   46.   Evidence of signature of Attorney-General or Director of Public Prosecutions

PART VIII
GENERAL MISCELLANEOUS PROVISIONS

   47.   Deviation from forms

   48.   Gazette, etc., to be prima facie evidence

   49.   Evidence of Applied Acts

   50.   Provision in statutory instruments relating to fees

   51.   Savings of rights of the Republic

   52.   This Act to bind the Republic

AN ACT

to amend and consolidate the law relating to the construction, application and interpretation of written law; to provide for the exercise of statutory powers and duties; and to provide for matters incidental to or connected with the foregoing.

[24th October, 1964]

Act 60 of 1964,

Act 13 of 1965,

Act 27 of 1965,

Act 29 of 1965,

Act 39 of 1965,

Act 58 of 1965,

Act 69 of 1965,

Act 40 of 1967,

Act 9 of 1968,

Act 4 of 1970,

Act 43 of 1970,

Act 47 of 1970,

Act 51 of 1970,

Act 20 of 1971,

Act 4 of 1989,

Act 13 of 1994.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Interpretation and General Provisions Act.

2.   Application

   (1) The provisions of this Act shall apply to every written law passed or made before or after the commencement, unless a contrary intention appears in this Act or in the written law concerned.

   (2) The provisions of this Act shall apply to this Act as they apply to an Act passed after the commencement.

PART II
GENERAL PROVISIONS OF INTERPRETATION

3.   Interpretation

The following words and expressions shall have the meanings hereinafter assigned to them respectively, that is to say—

“Act” and “Act of Parliament” mean an enactment of Parliament;

“act”, used with reference to an offence or civil wrong, includes a series of acts, and words which refer to acts done extend to illegal omissions;

“Administrative Officer” means, a District Secretary and an Assistant District Secretary;

“Appeal Judge” means a Judge of the Supreme Court or a High Court judge when exercising appellate jurisdiction;

“Applied Act” means an enactment of the Legislature of the former Federation of Rhodesia and Nyasaland in force in the Republic by virtue of the provisions of the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963;

“area” in relation to a City Council, Municipal Council, Town Council or District Council, has the meaning assigned thereto by section 2 of the Local Government Act;

“Assistant District Secretary” means a public officer appointed as such and, in relation to any District, means an Assistant District Secretary for the time being exercising and performing his functions in that District;

“Attorney-General” means the Attorney-General of Zambia;

“Auditor-General” means the Auditor-General for Zambia;

“British Act” means an Act of the Parliament of the United Kingdom extended or applied to the Republic;

“Cabinet” means the Cabinet established by the Constitution;

“Chief Justice” means the Chief Justice of Zambia;

“Christian name” means any name prefixed to the surname whether received in Christian baptism or not;

“coin” means any coin legally current in Zambia;

“commencement”, used in or with reference to any written law, means the date on which the same came or comes into operation;

“commissioner for oaths” means a person appointed as a commissioner for oaths by or under the Commissioners for Oaths Act;

“Common Law” means the Common Law of England;

“Constitution” means the Constitution of Zambia as by law established;

“contravene” in relation to any requirement or condition prescribed in any written law or in any grant, permit, lease, license or authority granted under any written law, includes a failure to comply with that requirement or condition;

“coroner” means a person empowered or appointed to hold inquests under the Inquests Act;

“council” means a City council, Municipal council, Town council or District council;

“court” means a court of competent jurisdiction for Zambia;

“customs officer” means an officer as defined in section 2 of the Customs and Excise Act;

“definition” means the interpretation given by any written law to any word or expression;

“Deputy Speaker” means the Deputy Speaker of the National Assembly;

“District” means any one of the administrative districts into which Zambia is divided by the President in exercise of powers conferred on him in that behalf under any written law;

“District Executive Secretary” in relation to a District Council means the chief Executive of a Council, and includes any person for the time being discharging the functions of the Chief Executive;

“document” includes any publication and any matter written, expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, which is intended to be used or may be used for the purpose of recording that matter;

“export” means to take or cause to be taken out of Zambia;

“financial year” means the period of twelve months ending on the 31st December in any year;

“functions” includes powers and duties;

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