Category: Principal Legislation

CHAPTER 58:04LANDS ACQUISITION AND COMPENSATION ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIACQUISITION 3. Power to acquire land 3A. Acquisition of customary land by a private developer 4. Preliminary investigation 5. Notice of intention to acquire 6. Notice to yield up, and power to take, possession 7. Service of notices, etc. 8. Acquisition of portion of house or other building PART IIACOMPENSATION 9. Compensation 10. Assessment of compensation 10A. Matters to be taken into consideration in assessing compensation for alienated land 11. Effect of payment of compensation PART IIIREVERSION 12. Reversion to the Government 13.–14. PART IVMISCELLANEOUS 15. Minister may withdraw from acquisition 16. Service of notice not an admission 17. Penalty for hindering or obstructing 18. Regulations 21 of 19705 of 19719 of 201714 of 2022G.N.63/201728/2022 An Act to provide for the acquisition of land and compensation; and for incident matters PART IPRELIMINARY 1. Short title This Act may be cited as the Lands Acquisition and Compensation Act. 2. Interpretation In this Act, unless the context otherwise requires— “court” means a court of competent jurisdiction; “customary estate” has the meaning assigned thereto in the Customary Land Act; “customary land” has the meaning assigned thereto in the Land Act; “injurious affection” means the reduction in the market value of a remaining piece of land caused by the acquisition of land, or by the construction of works on the acquired land, or use of the acquired land for construction works; “land” has the meaning as ascribed to that term under section 2 of the Land Act; “private developer” means any person, organization or body corporate other than a Government entity; “public land” has the meaning ascribed to that term by the Land Act; “severance” means the act of severing a piece of land from a larger tract of land, resulting in the loss of market value of the severed land; and “transfer” includes convey, assign, surrender or otherwise alienate or dispose of and “transfer” and “transferor” as nouns shall be correspondingly construed. PART IIACQUISITION 3. Power to acquire land Subject to the provisions of this Act, the Minister may acquire land for public utility either compulsorily or by agreement, and pay compensation therefor as may be agreed or determined under this Act. 3A. Acquisition of customary land by a private developer Subject to any written law, where a private developer acquires customary land or a customary estate, the private developer shall— (a) pay compensation, to be assessed by a valuer appointed by the Minister; and (b) pay the costs of the valuer. 4. Preliminary investigation (1) Where there is need to acquire land under this Act for public utility, it shall be lawful for any person authorized by the Minister under section 3 in that behalf, and for his servants and agents to— (a) enter upon any land in question or any land in the vicinity thereof and survey and take levels; (b) dig or bore under the subsoil; (c) do all other acts necessary to ascertain whether the land is or may be suitable; or (d) clear, set out and mark the boundaries of the land proposed to be acquired and the intended line of work, if any, proposed to be done on it. (2) Any entry upon land under this section shall be preceded by a notice of not less than seven days to the occupier. (3) The Minister shall pay for any damage done by persons entering any land pursuant to this section. 5. Notice of intention to acquire (1) If the Minister resolves that it is desirable or expedient compulsorily to acquire any land under this Act, he shall serve notice upon the persons who are possessed of an interest in the land or upon such of those persons as are after reasonable enquiry known to him. (2) Every notice under this section shall with all reasonable dispatch be published in the Gazette. (3) Every notice under this section shall invite any person claiming to be entitled to any interest in the land to which the notice relates to submit particulars of his claim to the Minister within two months of the date of the publication of such notice in the Gazette. 6. Notice to yield up, and power to take, possession (1) The Minister may by notice under section 5 direct the persons upon whom such notice is required to be served by that section, or may by any subsequent notice direct such persons, and any other persons believed by him to be in possession of the land to which the notice in question relates, to yield up possession of such land upon the expiration of the period specified in the notice which period shall not be less than two months from the date of the service of the notice: Provided…

CHAPTER 58:05ADJUDICATION OF TITLE ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY AND APPLICATION 1. Short title 2. Interpretation 3. Application PART IIOFFICERS 4. Appointment and general powers of officers PART IIICLAIMS AND DEMARCATION 5. Adjudication sections 6. Notices by Adjudication Officer 7. Staying of land suits 8. Claims and attendance 9. Safeguarding of rights of absent persons and minors 10. Notice of demarcation and recording 11. Indication of land claimed 12. Special powers of Demarcation Officer 13. Duties of the Survey Officer 14. Duties of the Recording Officer 15. Disputes PART IVPRINCIPLES OF ADJUDICATION AND PREPARATION OF ADJUDICATION RECORD 16. Principles of adjudication 17. Rules to be followed in adjudication 18. Adjudication Record 19. Notice of completion of Adjudication Record PART VOBJECTIONS AND FINALITY 20. Objection to the Adjudication Record 21. Procedure in hearing objections 22. Correction of Adjudication Record 23. Finality of Adjudication Record PART VIAPPEALS 24. Appeals PART VIIMISCELLANEOUS 25. Fees 26. Offences 27. Indemnity of officers 28. Regulations An Act to provide for the adjudication of rights and interests in land, other than customary land, and for matters connected therewith and incidental thereto 18 of 197126 of 1988 PART IPRELIMINARY AND APPLICATION 1. Short title This Act may be cited as the Adjudication of Title Act. 2. Interpretation In this Act, except where the context otherwise requires— “adjudication area” means an area to which this Act has been applied under section 3; “Adjudication Officer” means an Adjudication Officer appointed under section 4; “Adjudication Record” means the Adjudication Record prepared in accordance with the provisions of section 18 in respect of an adjudication section; “adjudication section” means an adjudication section declared under section 5; “charge” bears the meaning ascribed to that word by the Registered Land Act; “Deeds Registrar” bears the meaning ascribed to that term by the Deeds Registration Act; “Demarcation Map” means a demarcation index map prepared under section 13 in respect of an adjudication section; “Demarcation Officer” means a Demarcation Officer appointed under section 4; “easement” bears the meaning ascribed to that term by the Registered Land Act; “guardian” means any person (whether under customary law or otherwise) responsible for protecting the interests of any person who is under a disability, whether by reason of age, unsoundness of mind or any other cause; “interest in land” means any right or interest in or over land which is capable of being recorded under the provisions of this Act; “land” includes land covered with water, all things growing on land, buildings and other things permanently affixed to land; “piece” means a piece of land separately shown on a Demarcation Map and thereon given a number; “profit” bears the meaning ascribed to that word by the Registered Land Act; “Recording Officer” means a Recording Officer appointed under section 4; “the register”, “to register”, “registered” and “registration” bear the meanings ascribed to those terms by the Registered Land Act; “Registrar” bears the meaning ascribed to that term by the Registered Land Act; “Survey Officer” means a Survey Officer appointed under section 4. 3. Application (1) Whenever it appears expedient to the Minister that the adjudication and registration of rights and interests in land, not being customary land, in any area, should be effected the Minister may, by Order published in the Gazette, declare that this Act shall apply to that area and thereupon that area shall become an adjudication area. (2) Any Order under this section shall define the situation and limits of the adjudication area to which it relates either by means of a plan or by a description, or by both, and the Minister may at any time, by Order published in the Gazette, vary the limits of the adjudication area. PART IIOFFICERS 4. Appointment and general powers of officers (1) Whenever an Order made under section 3 is published, the Minister shall appoint an Adjudication Officer for the adjudication area it declares and such Demarcation Officers, Recording Officers and Survey Officers as may be necessary for performing the duties and exercising the powers imposed and conferred upon them by this Act in relation to such area. (2) The Adjudication Officer shall, subject to the directions (whether general or special) of the Minister, be in charge of the adjudication under this Act of rights and interests in land in the area for which he is appointed and may issue such general or special directions as he thinks necessary to the other officers appointed under subsection (1) for such area, and may himself perform and exercise all or any of the duties given under this Act to Demarcation Officers and Recording Officers. (3) The Adjudication Officer shall be competent to administer oaths and take affidavits in any inquiry made by him and to issue summonses, notices or orders requiring the attendance of such persons or the production of such…

CHAPTER 44:04THE STANDARD BANK LIMITED AND BARCLAYS BANK D.C.O. ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Transfer of the undertakings of The Standard Bank Limited and Barclays Bank D.C.O. 4. Trust property 5. Contracts, etc. 6. Banking business 7. Wills 8. Legal proceedings, etc. 9. Employees and pension schemes 10. Evidence of books, documents, etc. 11. Registration of transfers 12. Exemption from stamp duty, etc. 13 of 1971G.N. 146/1971 An Act to make provision to give effect to the intention of The Standard Bank Limited and Barclays Bank D.C.O. to transfer the assets and liabilities of the said Banks relating to their businesses in Malawi to the National Bank of Malawi, a new local commercial banking company of which the said Banks are to be members; and for purposes connected therewith and incidental thereto 1. Short title This Act may be cited as the Standard Bank Limited and Barclays Bank D.C.O. Act. 2. Interpretation In this Act, unless the context otherwise requires— ‘‘appointed day’’ means the day appointed as the date of commencement pursuant to section 1; ‘‘Barclays Bank D.C.O.’’ means Barclays Bank D.C.O., a company incorporated in England with limited liability, carrying on the business of banking in Malawi; ‘‘customer’’ includes any person having an existing banking account or other dealing, transaction or arrangement with The Standard Bank Limited or with Barclays Bank D.C.O., as the case may be, in the course of business; ‘‘excluded employee’’ means any person who, not being a citizen of Malawi, is, immediately before the appointed day, employed in the undertaking of The Standard Bank Limited or Barclays Bank D.C.O., as the case may be, and who has entered into a contract of service which requires him to serve The Standard Bank Limited or Barclays Bank D.C.O., as the case may be, in Malawi or elsewhere if called upon to do so; ‘‘existing’’ means existing and in force immediately before the appointed day; ‘‘liabilities’’ includes duties and obligations of every description; ‘‘Minister’’ means the Minister for the time being responsible for finance; ‘‘the new bank’’ means the National Bank of Malawi, a company incorporated in Malawi for the purpose of carrying on the business of banking in association with The Standard Bank Limited and Barclays Bank D.C.O.; ‘‘property’’ means real and personal property of every description and includes securities and powers and property held in trust; ‘‘security’’ includes a mortgage or charge, whether legal or equitable, a debenture, bill of exchange, promissory note, guarantee, lien, pledge, whether actual or constructive, hypothecation, indemnity or undertaking or any other means whatsoever of securing the payment or discharge of a debt, liability or obligation, whether present or future, actual or contingent; ‘‘The Standard Bank Limited’’ means The Standard Bank Limited, a company incorporated in England, with limited liability, carrying on the business of banking in Malawi; ‘‘the undertaking of Barclays Bank D.C.O.’’ means the business of, and all of the property vested in, or belonging to, or held by Barclays Bank D.C.O. in Malawi immediately before the appointed day, and includes all such property, wherever situate, then so vested in, belonging to and held by Barclays Bank D.C.O. in respect of, or attributable to, its Malawi banking operations, and all of the liabilities to which Barclays Bank D.C.O. was subject in respect of its banking business in Malawi immediately before the appointed day, but does not include any property which by agreement between the Minister and Barclays Bank D.C.O. with the concurrence of The Standard Bank Limited, shall be excluded from the provisions of this Act, and which excluded property is specified by the Minister in a Notice published in the Gazette within seven days after notice of commencement of this Act is given pursuant to section 1; ‘‘the undertaking of The Standard Bank Limited’’ means the business of, and all of the property vested in, or belonging to, or held by The Standard Bank Limited in Malawi immediately before the appointed day, and includes all such property, wherever situate, then so vested in, belonging to and held by The Standard Bank Limited in respect of, or attributable to, its Malawi banking operations, and all of the liabilities to which The Standard Bank Limited was subject in respect of its banking business in Malawi immediately before the appointed day, but does not include any property which by agreement between the Minister and The Standard Bank Limited with the concurrence of Barclays Bank D.C.O., shall be excluded from the provisions of this Act, and which excluded property is specified by the Minister in a Notice published in the Gazette within seven days after notice of commencement of this Act is given pursuant to section 1; ‘‘will’’ includes codicil and any other testamentary writing. 3. Transfer of the undertakings of The Standard Bank Limited and Barclays…

CHAPTER 45:02DECIMAL CURRENCY ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title and commencement 2. Interpretation PART IIDECIMAL CURRENCY BOARD 3. Establishment of Board 4. Constitution of Board 5. Secretary and officers 6. Meetings and procedure 7. Powers of the Board 8. Delegation 9. Committees 10. Disclosure of interest in agreements etc. 11. Finance 12. Accounts and returns 13. Abolition of Board 14. Regulations PART IIICONVERSION TO THE DECIMAL CURRENCY SYSTEM 15. References to former currency after prescribed date 16. Payments made after prescribed date 17. Conversion in respect of several amounts etc. 18. Minister empowered to declare day or days for closure of ­financial institutions 30 of 1970G.N. 193/1970 An Act to provide for the introduction of and conversion to the decimal currency system and for matters connected therewith and incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Decimal Currency Act. 2. Interpretation In this Act, unless the context otherwise requires— ‘‘Board’’ means the Decimal Currency Board established by section 3; ‘‘Chairman’’ means the Chairman of the Board; ‘‘decimal currency system’’ means the system of currency provided for by Part III; ‘‘Deputy Chairman’’ means the Deputy Chairman of the Board; ‘‘existing currency system’’ means the system of currency in force in Malawi immediately before the date of commencement of Part III; ‘‘former currency’’ means currency expressed in pounds, shillings and pence in accordance with the existing currency system; ‘‘member’’ means a member of the Board; ‘‘new currency’’ means currency expressed in Kwacha and tambala in accordance with the decimal currency system; ‘‘prescribed machine’’ means a machine or instrument, designed to be used in connexion with the existing currency system or any similar system of currency, and used or intended for use solely or principally for the purpose of calculating or recording amounts of money (including an accounting machine, an adding machine or any similar machine, a machine for franking postal articles, a cash register, a price-computing scale and a price-computing petrol pump), which is declared by the Minister, by notice published in the Gazette, to be a prescribed machine for the purposes of this Act. PART IIDECIMAL CURRENCY BOARD 3. Establishment of Board (1) There is hereby established a Board, to be known as the Decimal Currency Board, which shall be a body corporate with perpetual succession and a common seal, with power to acquire, hold, charge and dispose of property, movable and immovable, to borrow money and to do or perform all such things and acts for the purpose of carrying out its functions as a body corporate may lawfully do. (2) The Board may sue and be sued in its corporate name and may for all purposes be described by such name. 4. Constitution of Board (1) The Board shall consist of not more than eight members appointed by the Minister and holding office during the Minister’s pleasure. (2) The Minister shall appoint one of the members of the Board to be Chairman and the members of the Board shall elect one of their number to be Deputy Chairman. (3) Any member who is absent for more than three successive meeting of the Board without permission from the Chairman, or who, in the opinion of the Chairman, is for any cause incapacitated so as to be unable to take a proper part in the affairs of the Board, may have his membership of the Board terminated by the Minister. (4) Any member may, by notice under his hand addressed to the Chairman, resign from his membership of the Board and such resignation shall be effective from the date specified therein or 7 days after receipt of the notice by the Chairman, whichever is later. (5) Members shall be entitled to such fees and allowances, if any, as the Board may, with the approval of the Minister, determine. 5. Secretary and officers The Board shall on such terms and conditions as it thinks fit and with the approval of the Minister appoint a Secretary who shall be the chief executive officer of the Board, and may similarly appoint or employ such other officers or persons as may be necessary for the efficient performance of its functions. 6. Meetings and procedure (1) The Board shall meet at such times and places as may be necessary or expedient for the transaction of the business of the Board. (2) Meetings shall be convened by the Chairman, or in the event of his absence or of a vacancy in his office, by the Deputy Chairman. (3) The Chairman shall preside at all meetings of the Board at which he is present, but in the event of his absence from a meeting the Deputy Chairman shall preside at that meeting and in the absence of both the Chairman and the Deputy Chairman from any meeting, the members…

CHAPTER 67:04FERTILIZERS, FARM FEEDS AND REMEDIES ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Restriction on sale, etc., of remedies 4. Use of sterilizing plant 4A. Security of supply 5. Invoices required in the case of sale of fertilizers and farm feeds 6. Minister may exclude any fertilizer, farm feed or remedy from the Act 7. Appointment of registering officer 7A. Committees 7B. Composition of committees 7C. Committees may co-opt persons to attend meetings 7D. Tenure of office of committee members 7E. Allowances payable to members 7F. Meetings of the committee 7G. Non-liability of members of the committee 7H. Members to declare interests 8. Registration of remedies and sterilizing plants 9. Cancellation of registration 10. Appeal against decision of registering officer 11. Appointment of inspectors and analysis 12. Powers of inspector 13. Offences and penalties 14. Procedure and evidence 15. Special defences in case of prosecution 16. Regulations 17. Publication of returns 18. Compensation for injury arising from use of farm requisite 12 of 19709 of 19918 of 1996G.N. 34/1989 An Act to provide for the registration of sterilizing plants and certain remedies; to provide for the establishment of committees for fertilizers, farm feeds and remedies; to regulate and restrict the sale of fertilizers, farm feeds and certain remedies, and substances of animal origin intended for the manufacture of fertilizers or farm feeds and to provide for matters incidental to the foregoing 23RD AUGUST, 1973—FARM FEEDS, 1ST MAY, 1989—REMEDIES 10TH MAY, 1991 1. Short title This Act may be cited as the Fertilizers, Farm Feeds and Remedies Act. 2. Interpretation In this Act, unless the context otherwise requires— “advertisement” includes any statement, picture, design or device— (a) published in any newspaper or public print; or (b) contained in any handbill, circular or other matter which is distributed to members of the public through the post or brought to the notice of the public in any other manner whatsoever; “analyst” means a person appointed to be an analyst under section 11; “brand” means the impression or representation of any letter, number, geometrical figure, mark, sign or symbol and includes any combination of such impressions or representations; “committee” means any committee established under section 7A; “compost” means vegetable matter or mixed vegetable and animal matter so decomposed as to form an organic manure; “farm feed” means— (a) (i) any substance obtained by a process of crushing, gristing or grinding or by the addition to any substance the removal therefrom of any ingredient; (ii) any condimental feed or mineral substance which possesses or is alleged to possess nutritive properties; or (iii) any substance of animal origin, which is intended or offered for the feeding of poultry, domestic animals or livestock; (b) any stock lick or substance which can be used and is used as a stock lick, whether or not such stock lick or substance possesses medicinal properties; (c) any substance declared by the Minister, by notice published in the Gazette, to be a farm feed for the purposes of this Act, but does not include straw, chaff, unground hay, silage, cereal in the grain, or any substance which falls within this definition but which has been crushed, gristed or ground for a farmer in accordance with his directions for own use, unless such substance has been declared to be a farm feed under paragraph (c); “farmer” means a person who devotes his attention to farming in Malawi, either exclusively or together with some profession, business or other occupation; “farming requisite” means any fertilizer, farm feed or remedy, or any substance used in the manufacture of a fertilizer, farm feed or remedy; “fertilizer” means any substance which is intended or offered for improving or maintaining the growth of plants or the productivity of the soil, but does not include farmyard or stable manure, kraal manure, compost, wood ash, gypsum, town refuse or night soil when sold in its original condition and under its name; “inspector” means a person appointed an inspector under section 11; “registrar” means the person appointed under section 7; “remedy” means any substance which is intended or offered— (a) for the destruction of any noxious plant or insect;or (b) in regard to poultry, domestic animals, livestock or plants, for the prevention, treatment or cure of any disease, infestation or other unhealthy or unfavourable condition, or for the maintenance of health, but does not include any substance prescribed by a veterinarian for a specific patient or group of patients; “sell” includes to offer, advertise, keep, expose, transmit, convey, deliver or prepare for sale or exchange, or to dispose of for any consideration whatever, or to transmit, convey or deliver in pursuance of a sale, exchange or disposal as aforesaid; “sterilizing plant” means a plant used for the sterilizing of bones or other substances derived from an animal carcass. 3.…

CHAPTER 69:05MALAWI ROAD TRANSPORTERS AUTHORITY ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Establishment of the Authority 4. Constitution and proceedings of Authority 5. Appointment, etc., of staff 6. Legal proceedings 7. Funds of the Authority 8. Functions of the Authority 9. Transfer of assets, etc., of Malawi African Road Transporters Association Ltd. 10. Regulations 11. Saving 5 of 19708 of 1980 An Act to provide for the establishment of the Malawi Road Transporters Authority; to vest in the Authority certain assets and liabilities; to confer or impose powers and duties on the Authority; and to provide for matters incidental to or connected with the foregoing 1. Short title This Act may be cited as the Malawi Road Transporters Authority Act. 2. Interpretation In this Act, unless the context otherwise requires— “approved transporter” means a Malawi African road transport operator, approved by the Authority for the purposes of this Act, and registered in the books of the Authority as an approved transporter; “Authority” means the Malawi Road Transporters Authority established under section 3. 3. Establishment of the Authority (1) There is hereby established a body to be known as the Malawi Road Transporters Authority, which shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name, and, subject to this Act, of purchasing, holding, acquiring and disposing of movable and immovable property and doing all such acts and things as corporate bodies may by law do and perform. (2) In the exercise of its powers or the performance of its functions under this Act the Authority shall be subject to any special or general directions of the Minister. 4. Constitution and proceedings of Authority (1) The Authority shall consist of the following members who shall be appointed by the Minister for a term of two years and be eligible for reappointment— (a) a Chairman; (b) a Deputy Chairman; (c) two members appointed by the Minister in his discretion; (d) a representative of the Malawi Development Corporation; (e) a representative of the Agricultural Development and Marketing Corporation; (f) a representative of the Ministry; and (g) two members to represent approved transporters. (2) At any meeting of the Authority the Chairman shall preside, but if at any meeting the Chairman is not present, the Deputy Chairman shall act as Chairman, or if the Deputy Chairman is also not present the members present and forming a quorum shall elect one of their number to act as Chairman for that meeting. (3) The Authority shall meet at such times and at such places as may be necessary or expedient for the transaction of business. (4) At any meeting of the Board any five members thereof shall form a quorum. (5) Decisions of the Authority shall be decided by a majority of the members present and voting on the matter in question, and in the event of an equality of votes the Chairman at that meeting shall have a casting vote in addition to his deliberative vote. (6) Minutes in proper form of each meeting of the Authority shall be kept and shall be confirmed by the Authority at the next meeting and signed by the Chairman of such next meeting. (7) The Authority may in its discretion invite any person to attend a meeting of the Authority, and such person may, with the consent of the Chairman of that meeting, speak but shall have no power to vote. (8) Any member of the Authority may at any time resign by giving notice in writing to the Minister, and from the date specified in the notice, or from the expiration of seven days after receipt of the notice by the Minister, whichever is the later, he shall cease to be a member of the Authority. (9) Subject to this section and any special or general directions given by the Minister the Authority may regulate its own procedure. (10) No member of the Authority, in his capacity as such, shall be personally liable for anything done, or omitted to be done, by him in good faith under this Act. 5. Appointment etc. of staff (1) The Authority shall, with the approval of the Minister, appoint a General Manager who shall be responsible for the day to day running of the business of the Authority, and appoint or employ such other persons as may be necessary for the proper conduct of the Authority’s business. (2) The General Manager and other persons appointed or employed under this section shall be paid from the funds of the Authority such remuneration and allowances, and shall be subject to such conditions of employment, as the Authority, with the approval of the Minister, shall determine. (3) The power to dismiss or discipline the General Manager and other persons appointed…

CHAPTER 30:04MALAWI NATIONAL EXAMINATIONS BOARD ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIESTABLISHMENT OF MALAWI NATIONAL EXAMINATIONS BOARD 3. Establishment of Board 4. Execution of documents, etc. PART IIICONSTITUTION OF BOARD AND PROCEDURE 5. Constitution of Board 6. Executive Secretary 7. Procedure of Board 8. Committees PART IVFUNCTIONS AND POWERS OF THE BOARD 9. Functions and Powers of the Board PART VFINANCIAL PROVISIONS 10. Finance 11. Investment 12. Borrowings 13. Accounts and audit PART VIOFFENCES AND PENALTIES 14. Offences and Penalties Schedule 12 of 196930 of 196912 of 19768 of 19809 of 19869 of 198730 of 199410 of 2004 An Act to make provision for the establishment, constitution, control and administration of the Malawi National Examinations Board and for matters incidental thereto and connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Malawi National Examinations Board Act. 9 of 1987 2. Interpretation In this Act, unless the context otherwise requires— 9 of 1987 ‘‘Board’’ means the Malawi National Examinations Board established under section 3 (1); ‘‘Centre’’ means the Regional Testing Resource and Training Centre, an international organization established by agreement dated the 26th day of June, 1969, made between the respective Governments of Malawi, Swaziland, Lesotho, Botswana and the United States Agency for International Development, having its principal office in Malawi and now in the course of dissolution; ‘‘Chairman’’ means the Chairman of the Board as provided under section 5; ‘‘committee’’ means a committee of the Board appointed under section 8; ‘‘financial year’’ means such year or other period as the Minister may, from time to time, by notice published in the Gazette, determine to be the financial year of the Board. PART IIESTABLISHMENT OF MALAWI NATIONAL EXAMINATIONS BOARD 3. Establishment of Board (1) There is hereby established a Board, to be known as the Malawi National Examinations Board which shall be governed and administered in accordance with the provisions of this Act. 12 of 1976 9 of 1987 (2) The Board shall be a body corporate with perpetual succession and a common seal, with power to acquire, hold, charge and dispose of property, movable and immovable, to borrow money and to do or perform all such things and acts for the purpose of carrying out its functions as a body corporate may lawfully do. (3) The Board may sue and be sued in its corporate name and may for all purposes be described by such name. 4. Execution of documents, etc. All documents, other than those required by law to be under seal, made by, and all decisions of, the Board may be signified under the hand of the Chairman or any member or officer of the Board authorized in that behalf by the Chairman. PART IIICONSTITUTION OF BOARD AND PROCEDURE 5. Constitution of Board (1) The Board shall consist of— 12 of 1976 8 of 1980 9 of 1987 (a) The Vice-Chancellor of the University of Malawi, who shall be Chairman; (b) four members nominated by the Senate of the University of Malawi, appointed by the Minister; (c) four members appointed by the Minister in his discretion; (d) four members, representing post primary institutions, other than those institutions mentioned in this section, providing full time recognized courses, to be recommended at a meeting of all members appointed under paragraphs (a), (b) and (c), appointed by the Minister; (e) the Secretary for Education and Culture or his representative; (f) one member representing the Malawi Institute of Education, appointed by the Minister; (g) four members representing primary schools, appointed by the Minister from amongst headmasters of primary schools; (h) four members representing secondary schools, appointed by the Minister from amongst headmasters of secondary schools; (i) two members representing primary school teacher training colleges, appointed by the Minister from amongst principals of those colleges; (j) one member representing the Christian Council, appointed by the Minister; (k) one member representing the Special Education, appointed by the Minister; (l) one member representing the Catholic Secretariat, appointed by the Minister; (m) one or more members representing and recommended by external examining bodies, appointed by the Minister; and (n) two members actively engaged in commercial pursuits in Malawi, appointed by the Minister from amongst persons so engaged. (2) The members of the Board shall elect one of their number to be Vice-Chairman who shall, in the absence or temporary incapacity of the Chairman, act as Chairman. (3) The members of the Board, other than the Chairman, shall hold office for two years. (4) Any member of the Board shall be eligible for re-appointment for any number of terms of office. (5) Any person who is absent for more that three successive meetings of the Board without permission from the Chairman, or who, in the opinion of the Chairman is for any cause incapacitated so as…

CHAPTER 42:01CUSTOMS AND EXCISE ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Goods subject to customs control 4. Time of importation and exportation 5. Entered goods PART IIADMINISTRATION 6. Appointment and duties of Controller 7. Delegation 8. Prescriptions and appointments by Minister 9. Appointments by Controller 10. Licensed private sidings and air freight licensees 11. Conditions in respect of customs areas 12. Hours of service PART IIIGENERAL POWERS OF OFFICERS 13. Powers in respect of persons 14. Powers in respect of packages 15. Powers of entry etc. of proper officers 16. Powers in respect of conveyances etc. 17. Power to patrol freely 18. Power to take samples 19. Power of arrest 20. Damage to premises etc. resulting from exercising of powers PART IVIMPORTATION 21. Prohibited and restricted imports 22. Arrival of aircraft and vessels 23. Boarding of aircraft or vessels 24. Declaration of master 25. Controller may dispense with declaration 26. Retention and unloading of cargo 27. Arrival of trains 28. Arrival of vehicles other than trains 29. Arrival of persons 30. Imported goods 31. Unloading and removal of goods 32. Entry of goods 33. Exceptions to removal and entry requirements 34. Entry in absence of documents 35. Responsibility for imported goods and duty 36. Temporary importation PART VSTATE WAREHOUSES 37. Application Part 38. Goods deposited in state warehouses 39. Sale of goods 40. Goods deemed to be in a state warehouse PART VIBONDED WAREHOUSES 41. Licensing of bonded warehouses 42. Transfer of licence 43. Revocation or non-renewal of licences 44. Licensees to provide facilities, and keep records etc. 45. Entry for warehousing 46. Operations in bonded warehouse 47. Entry of warehoused goods 48. Sampling of warehoused goods PART VIICARRIAGE COASTWISE 49. Carriage coastwise PART VIIIEXPORTATION 50. Prohibited and restricted exports 51. Entry for exportation 52. Loading of goods 53. Failure to export 54. Departure of aircraft and vessels 55. Departure of vehicles and persons 56. Procedure to a foreign port 57. Attempts to export PART VIIIAEXPORT WAREHOUSES 57A. Licensing of Export Warehouses 57B. Transfer of Licence 57C. Revocation or non-renewal of Licence 57D. Licenses to provide facilities, keep records 57E. Goods for warehousing 57F. Entry of warehoused goods for exportation PART IXSTORES 58. Entry of goods for use as stores 59. Surplus stores PART XTRANSIT 60. Goods in transit 61. Transit without entry 62. Security for goods in transit PART XIEXCISE MANAGEMENT 63. Minister may make regulations 64. Excise licence 65. Licences, issue, conditions etc. 65A. Renewal of licences 66. Entry of premises etc. 67. Marking of rooms etc. 68. Accommodation etc. 69. Excise bond 70. Name of licence holder to be exhibited 71. Security of building, etc. 72. Tables 73. Stores and excise warehouses 74. Prohibitions in respect of excisable goods 75. Stock books, etc. 76. Liability to excise duty 77. Excise return and payment of excise duty 77A. Order to pay duty etc., and request for information 77B. Levy of distress 77C. Excise tax stamps 78. Samples 79. Responsibility for losses, etc. 80. Procedure upon termination of licence 81. Keeping of stills PART XIIDUTIES 82. Duties payable 83. Tariffs to be prescribed 84. Procedure for prescribing or amending tariff 85. Investigations as to dumping 86. Payment of dumping duties 87. Seller under contract and recover any increase and purchaser may deduct any decrease of duty 88. Rate of duty in relation to time of importation, exportation or entry 89. Rebates in respect of the specified countries 90. Sellers of goods to produce proof of payment of duty 91. Short levy or erroneous refund 92. Liens and preferences 93. Payment of fines and duty by instalments 94. Provisions relating to collection of duties 94A. Manner of paying duty and other payments 95. Re-imports 96. Suspensions, rebates, remissions and refunds of duty 97. Drawback 98. Remission of duty on goods exported 99. Remission or refund of duty upon loss, etc., of goods 100. Refund of moneys paid to Department 101. Refund of cash deposits 102. Goods returned for destruction or further manufacture 103. Deficiencies in goods subject to customs control 104. Surpluses in goods subject to customs control 105. Destruction of goods subject to customs control 106. Bringing into force and publication of agreements 107. Duties under agreements may be suspended, etc. 108. Agreements to prevail 109. Burden of proof in respect of claims 110. Classification of goods PART XIIASURTAX PART XIIIVALUE, QUANTITY AND ORIGIN 111. Value of imported goods 112. Appeals against valuation 113. Rate of exchange 114. Valuation of exported goods 115. Weights and measures 116. Strength of spirits 117. Origin of goods 118. 119. Burden of proof of origin PART XIVDISPUTES AS TO AMOUNT OF DUTY PAYABLE 120. Appointment of Special Referee 121. Determination of disputes 122. Procedure PART XVSECURITIES 123. Controller may require security 124. Securities generally 125. Provisions relating to…

CHAPTER 43:01STAMP DUTIES ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Application of Act 4. Appointment of Commissioners of Stamp Duties PART IIPROVISIONS APPLICABLE TO INSTRUMENTS GENERALLY Charge of Duty upon Instruments 5. Liability to stamp duty 6. Time of stamping and liability for stamping 7. Duties, how to be paid 8. How instruments are to be written and stamped 9. Instruments to be separately charged in certain cases 10. Facts and circumstances affecting duty to be set forth in instruments 11. Mode of calculating ad valorem duty in certain cases 12. Instruments to be in English Use of Adhesive Stamps 13. General directions as to cancellation of adhesive stamps 14. Penalty for frauds in relation to adhesive stamps Denoting Stamps 15. Denoting stamps Adjudication Stamps 16. Adjudication 17. Persons dissatisfied may appeal Production of Instruments in Evidence and Instruments not duly stamped 18. Non-admissibility of unstamped instruments in evidence; and penalty 19. Stamping out of time 20. Certain improperly stamped instruments 21. Effect of non-compliance in case of certain bills of exchange 22. Instruments executed out of Malawi Miscellaneous 23. Refund where instrument erroneously assessed 24. Splitting 25. Penalty for evasion of duty by splitting 26. Stamp where value of subject-matter is indeterminate Recovery of Stamp Duty 27. Recovery of stamp duty 28. Stay of execution pending appeal PART IIIREGULATIONS APPLICABLE TO PARTICULAR INSTRUMENTS Agreements 29. Certain mortgages of stock to be chargeable as agreements 30. Hire purchase or instalment sale agreement to be stamped Bills of Exchange and Promissory Notes 31. Meaning of ‘‘bill of exchange’’ and ‘‘promissory note’’ 32. Provisions as to stamping foreign bills and notes 33. As to bills and notes purporting to be drawn abroad 34. Penalty for issuing, etc., any unstamped bill or note 35. One bill only of a set need be stamped Conveyance on Sale 36. Meaning of ‘‘conveyance on sale’’ 37. How ad valorem duty is to be calculated in respect of stock and securities 38. How consideration consisting of periodical payments to be charged 39. Conveyance on sale with further covenant 40. How conveyance in consideration of a debt, etc., to be charged 41. Direction as to duty in certain cases of conveyances, mortgages and settlements 42. Certain contracts to be chargeable as conveyances on sale 43. As to sale of an annuity or right not before in existence 44. Principal instrument how to be ascertained 45. Duty on gifts inter vivos Conveyances on any Occasion except Sale or Mortgage 46. What is to be deemed a conveyance on any occasion not being a sale or mortgage Leases and Licences 47. Agreements to be charged as leases 48. Duty on leases in other cases 49. Duty on leases granted in perpetuity 50. Leases, how to be charged in respect of produce, etc. 51. Directions as to duty in certain cases 52. Duty on leases granted for inadequate consideration 53. Duty where consideration cannot be fixed with accuracy 54. Licences Marketable Securities 55. Meaning of marketable securities for charge of duty and foreign and Commonwealth share certificate 56. Meaning of marketable security transferable on delivery and instrument to bearer Mortgages, etc. 57. Meaning of “mortgage” and “equitable mortgage” and provisions in relation to equitable mortgages 58. Direction as to duty in certain cases 59. Security for advances, how to be charged Partitions 60. Partitions Policies of Insurance 61. Meaning of “policy of insurance”, “policy of life insurance” and “policy of insurance against accident” 62. Penalty for not making out policy or making, etc., any policy not duly stamped 63. Assignment or surrender of policy of life insurance to be stamped Receipts 64. Provisions as to duty upon receipts 65. Obligation to give receipt in certain cases, and penalty for offences in relation to receipts Settlements 66. As to settlement of policy or security 67. Settlements, when not to be charged as securities 68. Where several instruments one only to be charged with ad valorem duty PART IVALLOWANCES FOR STAMPS IN CERTAIN CASES 69. Allowance for spoiled stamps 70. Conditions upon which application under section 69 shall be granted 71. Allowance for misused stamps 72. Allowance for spoiled or misused stamps, how to be made PART VMISCELLANEOUS 73. As to discontinuance of duties 74. Conditions and agreements as to duty void 75. Compounding duty on cheques 76. The Commissioners may call for, and refuse to proceed without, evidence 77. Registers, books, etc., to be open to inspection 78. Search 79. Penalty for enrolling, etc., instrument not duly stamped 80. Responsibility for loss of or damage to instrument 81. Commissioners may administer oaths 82. Power to reward informers PART VICRIMINAL OFFENCES AND PROCEDURE 83. Penalty for not drawing full number of bills purporting to be in sets 84. Penalty for post-dating bills and for other devices to defraud…

CHAPTER 50:04SLAUGHTER OF CATTLE ARRANGEMENT OF SECTIONS SECTION 1. Short title and application 2. Interpretation 3. Prohibition against slaughter of immature and female cattle 4. Grounds for authorizing slaughter 5. Authority to slaughter cattle 6. Powers of entry 7. Order forbidding slaughter 8. Appeal to Minister 9. Penalty 6 of 1969G.N. 16/1970 An Act to provide for control of the slaughter of cattle and for matters incidental thereto and connected therewith 1. Short title and application (1) This Act may be cited as the Slaughter of Cattle Act. (2) Part I shall apply in such areas of Malawi and to such types or classes of cattle as the Minister may, from time to time, by notice specify. (3) Part II shall apply throughout Malawi. 2. Interpretation In this Act, unless the context otherwise requires— “cattle” includes bulls, cows, oxen, heifers and calves; “C brand” means a mark in the shape of a half circle, the diameter of the circle being not less than 2 inches or more than 2½ inches; “immature cattle” means male or female cattle having less than six permanent incisor teeth; “Inspector” means any Veterinary Officer, Livestock Officer, Assistant Livestock Officer, Marketing Officer, Assistant Marketing Officer, or any other person authorized in writing by the Director of Animal Health and Industry for the purposes of this Act. PART I 3. Prohibition against slaughter of immature and female cattle In any area to which this Part applies, any person who slaughters any immature or female cattle, unless such slaughter is authorized by an Inspector in accordance with this Act, shall be guilty of an offence. 4. Grounds for authorizing slaughter An Inspector shall not authorize the slaughter of any immature or female cattle unless he is satisfied that it is desirable or necessary on humanitarian or economic grounds or in the interests of cattle breeding in Malawi. 5. Authority to slaughter cattle (1) Where an Inspector authorizes the slaughter of any immature or female cattle he shall mark or cause to be marked such cattle with a C brand on the right cheek. (2) The presence of a C brand on the right cheek of any immature or female cattle shall be prima facie evidence that the slaughter of such cattle has been authorized by an Inspector. (3) Any person, other than an Inspector or a person so authorized by an Inspector, who marks any immature or female cattle with a C brand on the right cheek shall be guilty of an offence. PART II 6. Powers of entry For the purposes of this Act, any Inspector may, at all reasonable times, enter any land or premises where cattle are kept for slaughter or offered for sale and any abattoir or slaughter house or other place where cattle are slaughtered, and may inspect any cattle or carcasses found therein and may seize and remove any carcass or part of any carcass which would afford evidence of a contravention of this Act. 7. Order forbidding slaughter Where an Inspector is of the opinion that the slaughter of any immature or female cattle in an area to which Part I has not been applied, is undesirable in the interests of cattle breeding in Malawi, he may issue to the owner of such cattle an order in writing forbidding the slaughter of such cattle without the authority of an Inspector, and thereafter any person who slaughters or causes the slaughter of such cattle, unless the slaughter is authorized by an Inspector in accordance with this Act, shall be guilty of an offence. 8. Appeal to Minister Any person aggrieved by the refusal of an Inspector to authorize the slaughter of any immature or female cattle, or by the issue by an Inspector of an order forbidding the slaughter of any immature or female cattle, may apply to the Minister to review such refusal or issue, and the Minister’s decision thereon shall be final and shall not be questioned in any court. 9. Penalty Any person guilty of an offence under this Act shall be liable to a fine of one hundred pounds and to imprisonment for six months.