Category: Principal Legislation

CHAPTER 69:08ROADS FUND ADMINISTRATION ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIESTABLISHMENT OF THE ROADS FUND ADMINISTRATION 3. Establishment of the Administration 4. Purpose of the Administration PART IIIBOARD OF THE ADMINISTRATION 5. Composition of the Board 6. Disclosure of interest 7. Board may establish committees 8. Board may co-opt advisors 9. Vacation, etc., of members from office 10. Meetings of the Board 11. Remuneration and expenses of members of the Board PART IVFUNCTIONS AND POWERS OF THE BOARD 12. Functions of the Board 13. Powers of the Board 14. Borrowing powers 15. Board to be accountable to the Minister 16. Board to report to the Minister 17. Inquiries by the Minister PART VESTABLISHMENT OF THE ROADS FUND 18. Establishment of the Roads Fund 19. Purpose of the Roads fund 20. Advances to the Roads Fund PART VIFINANCIAL PROVISIONS 21. Funds of the Administration 22. Holdings of the Roads Fund 23. Financial year 24. Charges on the Roads Fund 25. Annual Road Programme and Annual Expenditure Programme 26. Disbursements from the Roads Fund PART VIIMANAGEMENT 27. Appointment of staff of the Administration PART VIIIOFFENCES AND PENALTIES 28. Offences and penalties PART IXMISCELLANEOUS 29. Inconsistency with other written laws 30. Regulations PART XTRANSITIONAL PROVISIONS 31. Discharge of liabilities and obligations of the National Roads Authority 32. Terms of service of employees of the National Roads Authority 33. Savings An Act to establish a fund to be known as the Roads Fund to finance the maintenance and rehabilitation of public roads; to establish the Roads Fund Administration as the body responsible for the management of the Roads Fund; and for connected purposes 4 of 2006G.N. 26/2006 PART IPRELIMINARY 1. Short title This Act may be cited as the Roads Fund Administration Act. 2. Interpretation In this Act, unless the context otherwise requires— “Administration” means the Roads Fund Administration established under section 3; “Authority” means the Roads Authority established by section 3 of the Roads Authority Act; “appointed date” means the date appointed by the Minister under section 1; “Board” means the Board referred to in section 5; “Minister” means the Minister responsible for finance; “public road” has the same meaning ascribed to it in the Public Roads Act; “road” has the same meaning ascribed to it in the Public Roads Act; “Roads Fund” means the Roads Fund established under section 18; “road agency” has the meaning ascribed thereto under the Roads Authority Act. PART IIESTABLISHMENT OF THE ROADS FUND ADMINISTRATION 3. Establishment of the Administration There is hereby established a body to be known as the Roads Fund Administration (in this Act otherwise referred to as the “Administration”) which shall— (a) be a body corporate with perpetual succession; (b) have a common seal; (c) be capable of— (i) acquiring, holding and disposing of real and personal property; (ii) suing and being sued in its corporate name; and (iii) doing or performing all such acts and things as bodies corporate may by law do or perform. 4. Purpose of the Administration The purpose of the Administration shall be to raise, administer and account for funds for construction, maintenance and rehabilitation of public roads. PART IIIBOARD OF THE ADMINISTRATION 5. Composition of the Board (1) The operations of the Administration shall be managed and controlled by a Board which shall consist of— (a) the following members to be appointed by the Minister— (i) one member nominated by and representing the financial institutions in Malawi; (ii) one member nominated by and representing the Malawi Confederation Chamber of Commerce and Industry; (iii) one member nominated by and representing the National Local Government Finance Committee; (iv) one member nominated by and representing the fuel pricing authority; and (v) one member of the public representing the general interest of the public; (b) the following members ex officio— (i) the Secretary to the Treasury or his designated representative; and (ii) Secretary for Economic Planning and Development or his designated representative. (2) The Board shall elect the Chairman and Vice-Chairman of the Board from amongst their number. (3) A member ex officio of the Board or any person employed in the public service shall not be eligible to be elected Chairman or Vice-Chairman of the Board but shall have the right to vote on any matter at the meetings of the Board. (4) Members of the Board shall not, by virtue only of their appointments to the Board, be deemed to be officers in the public service. (5) The names of all members of the Board, as first constituted and every change in the membership thereof shall be published in the Gazette. (6) A member of the Board, other than a member ex officio, shall hold office for a period of three years from the date of his appointment and shall be eligible for re-appointment…

CHAPTER 8:06FINES (CONVERSION) ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Non-application of Cap. 45:02 PART IICONVERSION OF FINES TO PENALTY VALUES 4. Fines to be converted to penalty values 5. Method of conversion Schedule 10 of 2005 An Act to provide for the conversion of amounts of existing fines for offences expressed in Kwacha or in pounds to penalty values so as to take into account the depreciation of the value of the Malawi currency and to provide for connected matters PART IPRELIMINARY 1. Short title This Act may be cited as the Fines (Conversion) Act. 2. Interpretation In this Act, unless the context otherwise requires— “fine” means an amount of money prescribed in an Act as punishment or penalty for an offence against the Act, but does not include— (a) an amount prescribed by section 21 (e) of the General Interpretation Act or by a provision of any other Act as the amount of a fine that may be prescribed for an offence or a contravention against any subsidiary legislation; or (b) a fine prescribed by any subsidiary legislation for an offence or a contravention against such subsidiary legislation; “penalty value” means the amount in Kwacha ascertained by converting a fine in accordance with section 5. 3. Non-application of The Decimal Currency Act shall not apply in respect of the conversion of fines. PART IICONVERSION OF FINES TO PENALTY VALUES 4. Fines to be converted to penalty values Where a provision in an Act prescribes a fine and the fine is stated as— (a) an amount in Kwacha or in pounds; or (b) a rate specified as an amount in Kwacha or in pounds, the amount shall be converted to a penalty value by a calculation in accordance with section 5 and the provision in the Act shall, for the purposes of the Act or of any other written law, be read as if the amount were instead stated as the penalty value so ascertained, and such penalty value shall apply in substitution of the stated amount. 5. Method of conversion If a fine or the rate of a fine— (a) is expressed in Kwacha and was last varied, or, if never varied was prescribed by an Act which was passed, in the year specified in Column 1 of Part I of the Schedule, the penalty value of the fine shall be ascertained by multiplying the amount stated in the Act by the multiplier number specified in relation to such year in Column 2 of that Part; Schedule Part I (b) is expressed in pounds, the penalty value of the fine shall be ascertained by multiplying the amount of the fine stated in the Act by the multiplier number specified in Part II of the Schedule. Schedule Part II s. 5 SCHEDULE PART IMULTIPLIER NUMBERS FOR FINES EXPRESSED IN KWACHA Column 1Column 2 Year in which fine or rate of a fine was prescribed or last varied Multiplier number From: 1971 to 1981100 1982 to 198675 1987 to 199250 1993 to 199540 1996 to 200020 2001 to 200410 20051 PART IIMULTIPLIER NUMBER FOR FINES EXPRESSED IN POUNDS The multiplier number for fines expressed in pounds is 1,000.

CHAPTER 42:02VALUE ADDED TAX ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Application of this Act to partnerships 4. Application of this Act to unincorporated organizations 5. Application of this Act to groups of companies 6. Application of this Act to Government agencies PART IIIMPOSITION OF VALUE ADDED TAX 7. Imposition of Value Added Tax 8. Persons liable to pay Value Added Tax 9. Rate of Value Added Tax PART IIITAXABLE PERSON 10. Taxable person 11. Registration as taxable person 11A. Use of information technology 11B. Registration as user of Value Added Tax computerized system 11C. Cancellation of registration 11D. Supply, operation and service of electronic fiscal devices 12. Register and particulars of taxable persons 13. Change in business 14. Cancellation of registration PART IIIA 14A. PART IVSUPPLY OF GOODS AND SERVICES 15. Supply of goods 16. Supply of services 17. Mixed supplies 18. Supply by agent PART VTAXABLE SUPPLIES 19. Taxable supply 19A. Taxable person in mining project 20. Exempt supply 21. Zero-rated supply 22. Exempt import 23. Relief supply PART VITIME AND PLACE OF SUPPLY 24. Time of supply 25. Issue of an electronic fiscal device generated tax invoice or a tax invoice 26. Place of supply PART VIITAXABLE VALUE 27. Value of taxable supply 28. Taxable value for determining Value Added Tax on imported goods 29. Adjustments PART VIIIDEDUCTION OF INPUT TAX AND REFUNDS 30. Credit for deductible input tax 31. Refund or credit of excess tax paid 32. Deductible tax for mixed taxable and exempt supply 33. Time for payment of refund PART IXTAX RETURNS, RECORDS AND ASSESSMENT 34. Submission of tax return and date of payment of Value Added Tax 35. Records to be kept for purposes of Value Added Tax 36. Assessment of Value Added Tax and correction of return PART XRECOVERY OF DUE VALUE ADDED TAX, INTEREST AND OTHER LIABILITIES 37. Recovery of Value Added Tax due 37A. Manner of paying Value Added Tax 38. Payment of interest on outstanding Value Added Tax 39. Garnishment 40. Distraint for liability 41. Recovery in respect of a person under liquidation 42. Payment of Value Added Tax into Consolidated Fund PART XIAPPEALS 43. Appeal to decision of an officer other than the Commissioner General 44. Appeal to court PART XIIOFFENCES AND PENALTIES 45. Failure to register 45A. Unlawful use of Value Added Tax computerized system 45B. Falsification, damage or impairment of record or information 46. Failure to issue a tax invoice 46A. Failure to use electronic fiscal device 46B. Fraudulent use of electronic fiscal device 46C. Tampering with electronic fiscal device and software 46D. Failure to comply with any obligation as a user or supplier 46E. Failure to demand or keep a fiscal receipt 46F. 47. False or misleading statement 48. Falsification and alteration of documents 49. Evasion of Value Added Tax payment 50. Failure to maintain proper records 51. Obstruction etc., of officer of the Authority 51A. Obstruction etc., of a customer 52. Offences relating to officers 53. Protection of officers 54. Relationship of the Authority and other public services 55. Taking of samples 56. Power of inspection and warrants 57. Power to seal off premises 58. Provision of information 59. Penalty for unauthorized collection of Value Added Tax 60. General penalty 61. Compounding of offences PART XIIIMISCELLANEOUS 62. Evidence in proceedings 63. Regulations 64. Directives and other powers of the Commissioner General 65. Consequential amendments and savings 66. Repeal and savings FIRST SCHEDULE—Exempt Supplies SECOND SCHEDULE—Zero-rated Supplies THIRD SCHEDULE—Relief Supplies FOURTH SCHEDULE—Apportionment of Input Tax FIFTH SCHEDULE—Warrant of Distress relating to or incidental to Value Added Tax 7 of 200511 of 20066 of 200710 of 200815 of 200930 of 201023 of 20117 of 201218 of 201220 of 201312 of 201410 of 201524 of 201625 of 201727 of 201832 of 201915 of 20205 of 20217 of 202218 of 202314 of 2024G.N. 12/2006 An Act to provide for the imposition and collection of Value Added Tax; and to provide for matters relating to or incidental to Value Added Tax PART IPRELIMINARY 1. Short title This Act may be cited as the Value Added Tax Act. 2. Interpretation In this Act, unless the context otherwise requires— 23 of 2011 18 of 2012 10 of 2015 27 of 2018 7 of 2022 “appropriation to own use”, in relation to goods, means applying the goods to personal use, including personal use by a relative or any other non-business use; “Authority” means the Malawi Revenue Authority established under section 3 of the Malawi Revenue Authority Act; “bank lending rate” means the rate of interest which the Reserve Bank of Malawi charges interest on its loans to commercial banks; 10 of 2015 “betting” means risking money or other property in forecasting the outcome of some event; 27 of 2018 “business” means the carrying on of any form…

CHAPTER 48:10CONSUMER PROTECTION ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIGENERAL PRINCIPLES OF CONSUMER PROTECTION 3. Consumer rights 4. Undertaking of the Government 5. Responsibilities of the Local Authorities 6. Obligations of a supplier or trader 7. Responsibility of the consumer 8. Beneficial interpretation 9. Pyramid selling or betting prohibited PART IIIADMINISTRATION 10. Establishment of the Consumer Protection Council 11. Vacation of office of members 12. Filling of vacancies 13. Invited persons 14. Chairman and Vice-Chairman 15. Remuneration of members of the Council or committees 16. Meetings of the Council 17. Non-liability of members of the Council or of committees PART IVFUNCTIONS AND POWERS OF THE COUNCIL 18. Functions of the Council 19. Powers of the Council 20. Committees of the Council 21. Disclosure of interest PART VFINANCIAL PROVISIONS 22. Funds, accounts and audit 23. Reimbursement of expenses of members of the Council, etc. 24. Annual reports 25. Progress reports PART VICONTRACTUAL PROTECTION 26. Standard form contracts 27. Relief against unfair consumer contracts 28. Financial transactions 29. Consumer credit contracts 30. Right of retraction 31. Implied contract terms 32. Cancellation and variation of contracts 33. Supplier’s or trader’s liability 34. Standards and support service 35. Consumer information on standards 36. Supplier or trader to provide consumer with receipt, invoice, etc. 37. Price to be displayed on goods, etc. 38. Particulars or labels on goods to be in official language, etc. 39. Certain words to be used to indicate warranty 40. Warning about harmful technology and goods 41. Remedies for harmful technology and goods 42. Offence and penalty PART VIIADVERTISING 43. Supplier or trader to provide true information 44. Advertisement to be truthful 45. Abusive advertising prohibited 46. Duration of advertisement necessary in promotional sales, etc. 47. Consumer to be compensated 48. Offence and penalty PART VIIIMEASURES FOR CONSUMER REDRESS AND MECHANISMS 49. Representative consumer or class actions 50. Subordinate courts to have jurisdiction over consumer claims 51. Funding for the subordinate courts 52. Remedies and sanctions 53. Jurisdiction in respect of persons and causes of action 54. Relationship between this Act and other laws PART IXMISCELLANEOUS PROVISIONS 55. Offence and penalty 56. Regulations 14 of 2003G.N. 27/2004 An Act to protect the rights of consumers, address the interests and needs of consumers, establish a Consumer Protection Council, provide an effective redress mechanisms for consumer claims and provide for other matters incidental thereto or connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Consumer Protection Act. 2. Interpretation In this Act, unless the context otherwise requires— “abusive clause” means a clause which is or appears to be imposed on a consumer by a supplier or trader who has economic power over the consumer and which gives the supplier or trader an unfair, unconscionable or excessive advantage over the consumer; “abusive advertising” refers to abusive, unfair or discriminatory advertising which incites or is likely to incite violence, evokes fear or exploits profits from children, infringes environmental values or is capable of leading consumers to behave in a manner detrimental or hazardous to their health or safety; “advertiser” includes a supplier or trader of technology, goods or services who has commissioned the publication of an advertising message; “appropriate laboratory” means a laboratory or organization recognized by Government and includes any such laboratory or organization established by or under any law for the time being in force for carrying out analysis or test of any goods with a view to determining whether such goods have any defect; “business records” include— (a) accounts, balance sheets, vouchers, records, minutes of meetings, contracts, files, instructions to employees, invoices, import documents and other instruments; and (b) any information recorded or stored by means of a pen, typewriter, computer or other device whatsoever and any material subsequently derived from information so recorded; “Chairman” means the Chairman of the Council appointed under section 14; “competent authority” means a body that has power or jurisdiction, derived from any written law, over a particular issue or entity; “complainant” means a consumer or any consumer association who or which, as the case may be, makes a complaint; “complaint” means any allegation in writing or orally made by a complainant that— (a) as a result of any unfair trade practice adopted by a supplier or trader, the complainant has suffered loss or damage; (b) the goods or technology mentioned in the complaint had one or more defects; and (c) the services mentioned in the complaint suffer from deficiency in any respect; “consumer” means a person who— (a) purchases or offers to purchase technology, goods or services otherwise than for resale; but does not include a person who purchases any technology, goods or services for the purpose of using them in the production or manufacture of any other technology, goods or services for sale; (b)…

CHAPTER 37:01PUBLIC AUDIT ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Purpose of this Act PART IITHE AUDITOR GENERAL 4. Auditor General 5. Appointment, qualifications, tenure, removal and salary of the Auditor General 5A. Filling of vacancy 5B. Acting Auditor General 6. Duties of the Auditor General 7. Powers of the Auditor General 8A. Employees of the National Audit Office 8. Power to summon 9. No civil liability 10. Contracting out audits and purchasing services 11. Conduct of audits 12. Incompatible functions 13. Procedures PART IIIREPORTING 14. Reporting 15. Annual reports 16. Auditor General may communicate with the President and others 17. Budget and business plan PART IVTHE PUBLIC ACCOUNTS COMMITTEE 18. Purposes and objectives 19. Functions of the Committee 20. Powers of the Committee 21. Sittings to be in public except in certain cases 22. Evidence before the Committee 23. Reports of the Committee 24. Assistance generally PART VMISCELLANEOUS 25. Confidentiality 26. Reference to relevant Bills 27. Fees for audits 28. External audit 29. Offences 30. Regulations 31. Transitional 32. Repeal and savings 6 of 200310 of 20185 of 2023G.N.44/200374/2019 An Act to reform the law relating to Public Audit PART IPRELIMINARY 1. Short title This Act may be cited as the Public Audit Act. 2. Interpretation In this Act, unless the context otherwise requires— “agency” includes an office or instrument of the Government, other than a Ministry, Government Department or statutory body; “Appropriation Act” means an Act of Parliament the principal purpose of which is the application of public moneys for such goods and services as are specified in the Act; “Auditor General” means the person appointed as Auditor General under section 184 (3) of the Constitution, and this Act, and is head of the National Audit Office; “books and accounts” or “books or accounts” includes all books, accounts, rolls, files, vouchers, receipts, cheques, records, registers, papers, documents, photographic plates, microfilms, photo-static negatives, prints, tapes, disks, computer reels, diskettes and hard disk, perforated rolls, and any other type of written or electronic record whatsoever, and also includes all papers and other records relating to accounting operations and practice; “Chairperson” means the Chairperson of the Committee; “Committee” means the Public Accounts Committee of the National Assembly referred to under Part IV; “Controlling Officer” means any person appointed by the President who is— (a) the head or principal person in charge of a Ministry or Department; and (b) charged with a duty to, or who actually does, collect, receive, disburse or deal in any way with any public money, or a person who is charged with the purchase, receipt, custody, or disposal of, or the accounting for, any public resources or public securities; “document” means a document in any form, and includes— (a) any writing, printing or images on any material; or (b) any information recorded or stored by means of any tape-recorder, computer, diskette, tape or other device, and any material subsequently derived from information so recorded or stored; or (c) any label, marking, or other writing that identifies or describes anything of which it forms part, or to which it is attached by any means; or (d) any book, map, plan, graph, or drawing; or (e) any photograph, film, negative, tape, or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced; “Estimates” means the statement of the proposed public revenue and expenditure during any financial year, as approved by the National Assembly, through the passing of an Appropriation Act; “generally accepted auditing practice” means— (a) approved auditing standards as determined by the international community, and in particular those promulgated by the International Organization of Supreme Audit Institutions for application to the public sector and in so far as those standards apply in the application of this Act; and (b) in relation to matters for which no provision is made in approved auditing standards, and which are not subject to any applicable rules of law, auditing policies, concepts or principles which may be regarded as appropriate in relation to the application of this Act and having the authoritative support of the auditing profession; “Government contract” means any contract concerning the use of public resources or for the supply of goods, services or the execution of any works in consideration of any payment of public money or any money, and includes any sub-contract made in relation to such contract, whether or not the contract or sub-contract has been wholly or partly performed or executed; “Ministry” means a Ministry of Government, and includes a Government Department, or branch or division within a Ministry or Department, whether established by a written law or otherwise; “National Assembly” means the National Assembly established under Part VI of the Constitution; “National Audit…

CHAPTER 36:03GOVERNMENT HEALTH SERVICE ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIESTABLISHMENT OF GOVERNMENT HEALTH SERVICE AND GOVERNMENT HEALTH SERVICE COMMISSION 3. Establishment of Government Health Service 4. Establishment and composition of the Government Health Service Commission 5. Appointment of members of the Commission 6. Tenure of office of members of the Commission 7. Remuneration and allowances of members of the Commission PART IIIPOWERS AND FUNCTIONS OF THE COMMISSION 8. Powers and functions of the Commission 9. Delegation 10. Consultation PART IVMISCELLANEOUS 11. Application of Cap. 1:03 12. Regulations 13. Transitional SCHEDULE 14 of 2002G.N. 38/2023 An Act to provide for the establishment of a Government Health Service; the establishment of the Government Health Service Commission to regulate the appointment, and terms and conditions of service, of persons employed in the Government Health Service; the functions and powers of the Commission; and further to make provision for matters connected therewith or incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Government Health Service Act. 2. Interpretation In this Act, unless the context otherwise requires— “Assembly” has the meaning ascribed thereto in the Local Government Act; “Civil Service Commission” means the Civil Service Commission established under section 186 of the Constitution; “Commission” means the Government Health Service Commission established under section 4; “Government Teaching Service Commission” means the Government Teaching Service Commission established under section 3 of the Government Teaching Service Commission Act; “health professional” means any person registered under any of the laws specified in Part I of the Schedule as any of the categories of professionals specified in Part II of the Schedule; Schedule Schedule “health worker” means health professional, administrative, scientific and support staff employed in the health service and designated by the Commission in consultation with the Civil Service Commission or an Assembly: “Judicial Service Commission” means the Judicial Service Commission established under section 116 of the Constitution; “Public Appointments Committee” means the Public Appointments Committee established under section 56 (7) of the Constitution. PART IIESTABLISHMENT OF GOVERNMENT HEALTH SERVICE AND GOVERNMENT HEALTH SERVICE COMMISSION 3. Establishment of Government Health Service (1) There is hereby established a service to be called the Government Health Service (in this Act otherwise referred to as the “Government Health Service”). (2) The public officers who constitute the Government Health Service are the following categories of persons in the public service— (a) health professionals; and (b) such administrative, scientific and support staff as may be appointed by the Commission or an Assembly for the efficient administration, management and delivery of health services in Malawi. 4. Establishment and composition of the Government Health Service Commission There is hereby established a Commission to be known as the Government Health Service Commission (in this Act otherwise referred to as the “Commission”), which shall have the powers and functions conferred upon it by this Act, and which shall consist of a Chairperson and not less than six nor more than ten other members. 5. Appointment of members of the Commission (1) Members of the Commission shall be appointed by the President, and the appointment shall be confirmed by the Public Appointments Committee. (2) A person shall not be qualified for appointment as a member of the Commission if that person— (a) is a Minister or Deputy Minister, a Member of Parliament or an officer in the Government Health Service; (b) is an undischarged bankrupt; (c) has, within the three years immediately preceding, been convicted of any offence by a court and sentenced therefor to a term of imprisonment of six months or more without the option of a fine; or (d) has, within the seven years immediately preceding, been convicted of an offence involving fraud or dishonesty. 6. Tenure of office of members of the Commission (1) Subject to subsections (3) and (4), a member of the Commission shall hold office as such member for such period not exceeding three years from the date of his or her appointment, as may be specified in the instrument of appointment. (2) Any retiring member of the Commission, other than a member who is disqualified under section 5 (2), shall be eligible for re-appointment. (3) The office of a member of the Commission shall be vacated— (a) upon his or her death; (b) if, save through illness, he or she is absent from three consecutive meetings of the Commission without the permission of the Minister or of the Commission; (c) upon the expiry of one month’s notice in writing of his or her intention to resign given by him or her to the Minister; (d) if he or she becomes physically or mentally unfit, and the Minister and the Commission are of opinion that by reason of such unfitness, he is no longer capable of performing his duties as…

PESTICIDESCHAPTER 35:03PESTICIDES ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIESTABLISHMENT, FUNCTIONS AND POWERS OF THE PESTICIDES CONTROL BOARD 3. Establishment of Pesticides Control Board 4. Composition of the Board 5. Meetings of the Board 6. Allowances of members of the Board 7. Non-liability of members of Board, etc. 8. Technical committees 9. Secretariat of the Board 10. Appointment of Registrar and other staff 11. Functions of the Board PART IIIFINANCIAL PROVISIONS 12. Funds of the Board 13. Levy 14. Books and other records of accounts and audit 15. Annual reports 16. Financial year PART IVREGISTRATION OF PESTICIDES 17. Registration of pesticides 18. Application for registration of pesticides 19. Consideration of applications 20. Importation of unregistered pesticides 21. Duration of registration and renewal of registration 22. Cancellation and suspension of registrations and permits PART VLICENSING OF MANUFACTURE, IMPORT, STORAGE FOR SALE, AND DISTRIBUTION OF PESTICIDES 23. Prohibition on manufacture, sale, etc., of pesticides without licence 24. Licence to manufacture pesticides 25. Licensing of premises to store for sale and sell of pesticides 25A. Pesticide storage 25B. Containment, storage and transportation of pesticides and requirement to notify the Fire Department and the Board 26. Licensing of commercial applicators 27. Suspension and cancellation of licences PART VIPRESENTATION OF PESTICIDES 28. Pesticides containers 29. Labels 30. Advertising of pesticides PART VIIHEALTH AND ENVIRONMENTAL MATTERS 31. Control of pesticide residues in food 32. Duty of care when selling food and animal feed 33. Inspection and sampling 34. Duties of employers 35. Notification of death, ill-health or injury 36. Inquiries 37. Disposal of pesticides and use of used pesticide containers PART VIIIENFORCEMENT 38. Designation of inspectors 39. Powers and duties of inspectors 40. Record keeping PART IXANALYSIS 41. Procedure for taking samples of pesticides 42. Analysis 43. Certificate of analysis PART XOFFENCES AND PENALTIES 44. Offences 45. Fixed penalties 46. Personal liability of directors, partners and managers 47. Evidence 48. Closure of premises and seizure of pesticides, etc. 49. Forfeiture, cancellation and other orders PART XIMISCELLANEOUS 50. Appeals 51. Exemptions for government activities 52. Pest emergencies 53. Regulations 12 of 20008 of 2018G.N. 14/200286/2018 An Act to provide for the control and management of the import, export, manufacture, distribution, storage, disposal and use of pesticides; the establishment of a Pesticides Control Board; and further to provide for matters incidental thereto or connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Pesticides Act. 8 of 2018 2. Interpretation In this Act, unless the context otherwise requires— “active ingredient” means the biologically and chemically active part of a pesticide present in a formulation; “advertising” means the promotion of the sale and use of pesticides by print and electronic media, signs, displays, gift, demonstration or word of mouth; 8 of 2018 “banned pesticide” means a pesticide for which all uses have been prohibited by the Pesticides Control Board in order to protect human or animal health, or the environment; and includes a pesticide that has been refused approval for the first time use or has been withdrawn from use by the Pesticides Control Board where there is clear evidence that such action has been taken in order to protect human or animal health or the environment; “Board” means the Pesticides Control Board established under section 3; 8 of 2018 “commercial pesticide applicator” means a person who applies pesticides to crops, plants, soil, water, animals or the environment at large as a trade or for gain as licensed by the Board under section 11 of the Act; “common name” means the name assigned to a pesticide active ingredient by the International Standards Organization to be used as a generic or non-proprietary name for that particular active ingredient only; 8 of 2018 “container” means any portable device in which material can be stored, handled, treated, transported, recycled, or disposed of; 8 of 2018 “disposal” means any operation to recycle, neutralize, destroy or isolate pesticide waste, used container and contaminated materials; 8 of 2018 “distribution” means the process by which pesticides are supplied through trade channels to local or international markets; 8 of 2018 “distributor” means any natural or legal person who makes a pesticide available on the market, including wholesalers, retailers, vendors and suppliers; “environment” means the physical factors of the surroundings of the human being, including land, water, atmosphere, climate, sound, odour, taste and the biological factors of fauna and flora, and includes the cultural, social and economic aspects of human activity and the natural and built environment; “formulation” means the combination of various ingredients designed to render the product useful and effective for the purpose claimed; “inspector” means an inspector designated as such under section 38; “label” means the written, printed or graphic matter on, or attached to a pesticide, or its immediate container and the outside container or…

CHAPTER 35:03PESTICIDES ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIESTABLISHMENT, FUNCTIONS AND POWERS OF THE PESTICIDES CONTROL BOARD 3. Establishment of Pesticides Control Board 4. Composition of the Board 5. Meetings of the Board 6. Allowances of members of the Board 7. Non-liability of members of Board, etc. 8. Technical committees 9. Secretariat of the Board 10. Appointment of Registrar and other staff 11. Functions of the Board PART IIIFINANCIAL PROVISIONS 12. Funds of the Board 13. Levy 14. Books and other records of accounts and audit 15. Annual reports 16. Financial year PART IVREGISTRATION OF PESTICIDES 17. Registration of pesticides 18. Application for registration of pesticides 19. Consideration of applications 20. Importation of unregistered pesticides 21. Duration of registration and renewal of registration 22. Cancellation and suspension of registrations and permits PART VLICENSING OF MANUFACTURE, IMPORT, STORAGE FOR SALE, AND DISTRIBUTION OF PESTICIDES 23. Prohibition on manufacture, sale, etc., of pesticides without licence 24. Licence to manufacture pesticides 25. Licensing of premises to store for sale and sell of pesticides 25A. Pesticide storage 25B. Containment, storage and transportation of pesticides and requirement to notify the Fire Department and the Board 26. Licensing of commercial applicators 27. Suspension and cancellation of licences PART VIPRESENTATION OF PESTICIDES 28. Pesticides containers 29. Labels 30. Advertising of pesticides PART VIIHEALTH AND ENVIRONMENTAL MATTERS 31. Control of pesticide residues in food 32. Duty of care when selling food and animal feed 33. Inspection and sampling 34. Duties of employers 35. Notification of death, ill-health or injury 36. Inquiries 37. Disposal of pesticides and use of used pesticide containers PART VIIIENFORCEMENT 38. Designation of inspectors 39. Powers and duties of inspectors 40. Record keeping PART IXANALYSIS 41. Procedure for taking samples of pesticides 42. Analysis 43. Certificate of analysis PART XOFFENCES AND PENALTIES 44. Offences 45. Fixed penalties 46. Personal liability of directors, partners and managers 47. Evidence 48. Closure of premises and seizure of pesticides, etc. 49. Forfeiture, cancellation and other orders PART XIMISCELLANEOUS 50. Appeals 51. Exemptions for government activities 52. Pest emergencies 53. Regulations 12 of 20008 of 2018G.N. 14/200286/2018 An Act to provide for the control and management of the import, export, manufacture, distribution, storage, disposal and use of pesticides; the establishment of a Pesticides Control Board; and further to provide for matters incidental thereto or connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Pesticides Act. 8 of 2018 2. Interpretation In this Act, unless the context otherwise requires— “active ingredient” means the biologically and chemically active part of a pesticide present in a formulation; “advertising” means the promotion of the sale and use of pesticides by print and electronic media, signs, displays, gift, demonstration or word of mouth; 8 of 2018 “banned pesticide” means a pesticide for which all uses have been prohibited by the Pesticides Control Board in order to protect human or animal health, or the environment; and includes a pesticide that has been refused approval for the first time use or has been withdrawn from use by the Pesticides Control Board where there is clear evidence that such action has been taken in order to protect human or animal health or the environment; “Board” means the Pesticides Control Board established under section 3; 8 of 2018 “commercial pesticide applicator” means a person who applies pesticides to crops, plants, soil, water, animals or the environment at large as a trade or for gain as licensed by the Board under section 11 of the Act; “common name” means the name assigned to a pesticide active ingredient by the International Standards Organization to be used as a generic or non-proprietary name for that particular active ingredient only; 8 of 2018 “container” means any portable device in which material can be stored, handled, treated, transported, recycled, or disposed of; 8 of 2018 “disposal” means any operation to recycle, neutralize, destroy or isolate pesticide waste, used container and contaminated materials; 8 of 2018 “distribution” means the process by which pesticides are supplied through trade channels to local or international markets; 8 of 2018 “distributor” means any natural or legal person who makes a pesticide available on the market, including wholesalers, retailers, vendors and suppliers; “environment” means the physical factors of the surroundings of the human being, including land, water, atmosphere, climate, sound, odour, taste and the biological factors of fauna and flora, and includes the cultural, social and economic aspects of human activity and the natural and built environment; “formulation” means the combination of various ingredients designed to render the product useful and effective for the purpose claimed; “inspector” means an inspector designated as such under section 38; “label” means the written, printed or graphic matter on, or attached to a pesticide, or its immediate container and the outside container or…

CHAPTER 72:04IRRIGATION ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY PROVISIONS 1. Short title 2. Interpretation PART IINATIONAL IRRIGATION POLICY AND DEVELOPMENT STRATEGY 3. Policy to rank paramount 4. Publication and revision of Policy PART IIIESTABLISHMENT OF THE MALAWI IRRIGATION BOARD 5. Establishment of the Malawi Irrigation Board 6. Composition of the Board 7. Tenure of office and vacancies 8. Allowances and expenses of members 9. Policy directions 10. Proceedings of the Board 11. Committees of the Board 12. Minutes of meetings 13. Disclosure of interests by members 14. Protection of members 15. Invited persons 16. Oath of secrecy 17. Prohibition of publication or disclosure of information by unauthorized persons PART IVFUNCTIONS AND POWERS OF THE BOARD 18. Functions of the Board 19. Powers of the Board PART VTHE SECRETARIAT OF THE BOARD 20. Secretariat of the Board 21. Executive Secretary of the Board 22. Other employees 23. Disclosure of interests by employees, etc. 24. Functions of the Secretariat of the Board PART VIIRRIGATION FUND 25. Establishment of the Irrigation Fund 26. The Fund to vest in the Minister 27. Advances to the Fund 28. Objects of the Fund 29. Application of the Fund 30. Books and other records of accounts, audit and reports of the Fund 31. Holdings of the Fund 32. Financial year 33. Levy PART VIILOCAL COMMUNITY PARTICIPATION 34. Purpose of this Part 35. Irrigation management agreement 36. Minister may make rules 37. Incentives to farmers 38. Rectification order PART VIIIREGISTRATION OF IRRIGATION CONSULTANTS 39. Restriction on engagement of irrigation consultants 40. Register 41. Qualification for registration as an irrigation consultant 42. Striking out 43. Unauthorized entry, etc., in the Register 44. Remuneration not recoverable by unregistered persons PART IXOFFENCES AND PENALTIES 45. Wilful damage, etc., of canals 46. Destructive practices 47. Setting or permitting fire 48. Encroachment prohibited 49. Applying prohibited chemicals and substances PART XMISCELLANEOUS PROVISIONS 50. Secrecy to be observed 51. Failure to comply with directives, etc. 52. General penalty 53. Appeals 54. Keeping of records 55. Regulations 16 of 2001G.N. 2/2013 An Act to make provision for the sustainable development and management of irrigation, protection of the environment from irrigation related degradations, establishment of the National Irrigation Board and for matters connected therewith or incidental thereto PART IPRELIMINARY PROVISIONS 1. Short title This Act may be cited as the Irrigation Act. 2. Interpretation In this Act, unless the context otherwise requires— “Board” means the National Irrigation Board established under section 5; “Chairman” means the Chairman of the Board who is elected under section 6 (3); “committee” means a committee of the Board established under section 11; “drainage” means removal of excess surface and ground water from agricultural land; “existing Government smallholder irrigation scheme” means a smallholder irrigation scheme specified in the Schedule; “Executive Secretary” means the Executive Secretary of the Board who is appointed under section 21; “farm” includes garden, plot or any other agricultural holding; “farmer” means an owner or subsector of an agricultural holding or a tenant; “Fund” means the Irrigation Fund established under section 25; “immediate family member”, in relation to any person, means that person’s spouse, child, parent, brother, sister, grandchild or grand parent; “irrigation” means application of water, confined in time and space, enabling satisfaction of water requirements of a crop at a given time of its vegetative cycle or to bring the soil to the desired moisture level outside the vegetative cycle and, in the case of a field, includes one or more water applications per season; “irrigation consultant” means any person engaged to carry out civil works related to irrigation and drainage; “irrigation management authority” means any local community organization established for the purpose of promoting local participation in the development and management of irrigation and includes any irrigation scheme, club, cooperative or association; “irrigation scheme” means a systematic and orderly irrigation programme covering a defined area of land regardless of the type or system of irrigation employed; “member” means a member of the Board; “Policy” means National Irrigation Policy and Development Strategy; “public watercourse” means a public watercourse which is commonly used for irrigation; and “Register” means the register kept by the Board under section 40. PART IINATIONAL IRRIGATION POLICY AND DEVELOPMENT STRATEGY 3. Policy to rank paramount Every public officer and any authority in Malawi exercising or performing powers, duties or functions in connexion with or concerning the commitment of the Government in development and management of irrigation in Malawi as declared in the National Irrigation Policy and Development Strategy (in this Act otherwise referred to as the “Policy”) shall, in the exercise of his powers or the performance of his duties or functions, consider and treat the Policy as ranking paramount in the business of the Government and shall further consider it to be his paramount duty to act with all due diligence and dispatch…

CHAPTER 53:04VETERINARY AND PARA-VETERINARY PRACTITIONERS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IITHE BOARD OF VETERINARY SURGERY 3. Establishment of the Board 4. Composition of the Board 5. Tenure of office and vacancies 6. Allowances of members 7. Functions of the Board 8. Policy directions 9. Proceedings of the Board 10. Committees of the Board 11. Minutes of meetings 12. Disclosure of interest 13. Protection of members 14. Co-opted persons 15. Oath of secrecy 16. Prohibition of publication or disclosure of information by unauthorized persons PART IIIMANAGEMENT 17. Appointment of Registrar and other staff PART IVFINANCIAL PROVISIONS 18. Funds of the Board 19. Levy 20. Financial year 21. Accounts 22. Annual reports 23. Progress reports PART VREGISTRATION 24. Application for registration 25. Unregistered persons prohibited from practising veterinary surgery 26. Register 27. Persons eligible to be registered as veterinary surgeons and para-veterinary surgeons 28. Qualifications for registration 29. Registration 30. Annual publication of list of veterinary surgeons and para- veterinary surgeons 31. Removal of name from Register 32. Use of title 33. Persons registered entitled to practice and recover charges 34. Certificates to be signed by veterinary surgeons 35. Authority for re-registration PART VIPRIVATE PRACTICE 36. Licence for private practice 37. Issue, etc., of licences to be published in the Gazette 38. No fees recoverable unless practitioner licensed for private practice PART VIIDISCIPLINARY PROVISIONS 39. Disciplinary Committee 40. Function of Disciplinary Committee 41. Taking of evidence by Disciplinary Committee 42. Exercise of disciplinary powers on conviction of offence 43. Board to refer cases to Disciplinary Committee 44. Exercise of disciplinary powers 45. Appeal to High Court 46. Publication of result of disciplinary proceedings 47. Board or Disciplinary Committee not to be liable 48. Improper or disgraceful conduct PART VIIIOFFENCES AND PENALTIES 49. Offences and penalties PART IXREGULATIONS AND SAVINGS 50. Regulations 51. Repeal and savings Schedule 7 of 2001GN. 27/2001 An Act to Provide for the establishment of the Board of Veterinary Surgeons; the registration and disciplining of veterinary surgeons and para-veterinary surgeons; the licensing of private practice of veterinary surgery and generally for the control and regulation of the practice of veterinary surgery and veterinary medicine in Malawi and for matters incidental to or connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Veterinary and Para-Veterinary Practitioners Act. 2. Interpretation In this Act, unless the context otherwise requires— “Board” means the Board of Veterinary Surgery established under section 3; “Director” means the Director of Animal Health and Industry; “para-veterinary surgeon” means a person registered as such under section 27; “practice of veterinary surgery” includes the practice of veterinary medicine and the performance of any operation and the giving of and providing of any treatment, test, advice, diagnosis or attention such as is usually performed, given or provided by veterinary surgeons; “Register” means the Register of Veterinary Surgeons provided forunder section 26; “to register” means to enter in the Register the particulars required under section 29; “Veterinary surgeon” means a person registered as such under section 27. PART IITHE BOARD OF VETERINARY SURGERY 3. Establishment of the Board There is hereby established a body to be known as the Board of Veterinary Surgery (in this Act otherwise referred to as the “Board”) which shall be a body corporate with perpetual succession and a common seal capable of suing and being sued in its corporate name, and with power, subject to this Act, to do or perform all such acts and things as a body corporate may by law do or perform. 4. Composition of the Board (1) The Board shall consist of— (a) the following members ex officio— (i) the Director of Animal Health and Industry or his designated representative; (ii) the Solicitor General or his designated representative; (b) three registered veterinary surgeons appointed by the Minister; and (c) two registered para-veterinary practitioners nominated by the Veterinary Assistants Association of Malawi and appointed by the Minister. (2) A designated representative of a member ex officio referred to in subsection (1) shall be designated by, or on behalf of, the member ex officio by a notice in writing to the Board to attend the meetings of the Board, and upon such designation such designated representative shall not attend to the business of the board by representation. (3) The Chairman shall be elected by the Board from among its members: Provided that no member appointed under paragraph (a) of subsection (1) shall be elected as Chairman. (4) The names of all members as first constituted and every change of membership shall be published in the Gazette. (5) A member shall not be in the employ of the Board nor serve on full time basis. 5. Tenure of office and vacancies (1) A member, other than a member ex officio, shall hold office…