Category: Principal Legislation

CHAPTER 21:01CENSORSHIP AND CONTROL OF ENTERTAINMENTS PART IPRELIMINARY 1. Short title 2. Interpretation PART IIBOARD OF CENSORS 3. Establishment of Board of Censors 4. Tenure of office of members of Board 5. Proceedings of Board 6. Functions of Board 7. Committees of the Board 7A. Readers and viewers 8. Remuneration, etc., of Board and committee members, readers and viewers PART IIITHEATRE LICENCE 9. Theatre licences PART IIIAPREMISES LICENCE 9A. Premises licences PART IVCINEMATOGRAPH EXHIBITIONS 10. Certificates of approval 11. Applications for certificates 12. Issue of certificates 13. Classification of and conditions attached to certificates PART VSTAGE PLAYS AND PUBLIC ENTERTAINMENTS 14. Entertainment permits 15. Applications for entertainment permits 16. Issue of entertainment permits 17. Additional entertainment permits required 18. Cruelty to animals PART VITHE MAKING OF CINEMATOGRAPH PICTURES 19. Film permits 20. Applications for film permits 21. Issue of film permits 22. Additional film permits required PART VIIPUBLICATIONS, PICTURES, STATUES AND RECORDS 23. Prohibition of importation, etc., of undesirable publications, pictures, statues and records 24. Power of Board to declare publications, pictures statues and records undesirable PART VIIIGENERAL 25. Duty of owner or manager, etc., of theatre 26. Power of entry 27. Exhibition of posters 28. Private exhibitions, etc., in theatres 29. Board’s power to order surrender of script, etc. 30. Appeals 31. Minister may cancel any certificate, permit or licence 32. Penalties 33. Exemptions 34. Rules 11 of 196824 of 19728 of 19803 of 198139 of 198125 of 19837 of 198622 of 1989 An Act to regulate and control the making and the exhibition of cinematograph pictures, the importation, production, dissemination of undesirable publications, pictures, statues and records, the performance or presentation of stage plays and public entertainments, the operation of theatres and like places for the performance or presentation of stage plays and public entertainments in the interest of safety, and to provide for matters incidental thereto or connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Censorship and Control of Entertainments Act. 2. Interpretation In this Act, unless the context otherwise requires— ‘‘Board’’ means the Board of Censors established under section 3; ‘‘cinematograph exhibition’’ means any exhibition of cinematograph pictures, whether with sound effects or not, presented by means of a cinematograph or other similar apparatus for presenting cinematograph pictures; ‘‘cinematograph picture’’ means any film, picture or other visual image, or part thereof, whether with sound effect or not, made by means of a cinematograph camera or other similar apparatus for recording films, pictures, or visual images, and intended for public exhibition or for sale or hire either within or outside Malawi; ‘‘licensing officer’’ means the Minister or such other person or persons as the Minister may appoint to be a licensing officer, whether for the whole of Malawi or such area thereof as may be specified in the appointment; ‘‘picture’’, for the purposes of Part VII, includes— (a) any drawing, illustration, painting, woodcut or similar presentation; (b) any print, photograph, engraving, lithograph or similar presentation; (c) any object in which a picture is contained; (d) any exhibition for the purpose of advertising, but does not include a cinematograph picture; ‘‘place’’ includes a vehicle, vessel or aircraft; ‘‘play’’, in relation to a record, means to render audible the sounds recorded thereon; ‘‘public’’, in relation to the exhibition of any cinematograph picture, publication, picture or statue, the playing of any record, or the performance or presentation of any stage play or public entertainment, means the exhibition, playing, performance or presentation thereof, as the case may be— (a) in public; or (b) at any place to which admission is obtained— (i) by membership of any association of persons; (ii) for any consideration, direct or indirect; or (iii) by virtue of any contribution towards any fund; ‘‘public entertainment’’ includes any concert, animal or circus performance, zoo, waxworks, puppet performance, dancing exhibition, picture or art exhibition, game of skill or chance, acrobatic or other exhibition of skill, professional wrestling and boxing bout, to which the public are admitted either gratuitously or for reward, but does not include athletic games or sports; ‘‘publication’’ includes— (a) any newspaper, book, periodical, pamphlet, poster, playing card, calendar or other printed matter; (b) any writing or typescript which has in any manner been duplicated or exhibited or made available to the public or any section of the public; ‘‘record’’ means any contrivance or device in or on which sound has been recorded for reproduction; ‘‘stage play’’ includes any tragedy, comedy, play, opera, farce, revue, variety, burlesque, interlude, melodrama, pantomime, dialogue, prologue, epilogue or other dramatic entertainment or any part thereof; ‘‘statue’’ includes any figure, cast, carving, moulding or model; ‘‘theatre’’ means any building, tent or other erection of whatever nature, or any premises, place or open space in which a cinematograph exhibition, stage play or public entertainment is presented or performed…

CHAPTER 39:02CAPITAL CITY DEVELOPMENT CORPORATION ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title and commencement 2. Interpretation PART IIESTABLISHMENT AND CONDUCT OF CORPORATION 3. Establishment of the Corporation 4. Membership of Corporation 5. Resignation and vacation 6. Remuneration 7. Meetings 8. Standing orders PART IIIDESIGNATION OF CAPITAL CITY ETC. 9. Designation of Capital City and vesting of land PART IVPURPOSES AND POWERS 10. Purposes of Corporation 11. Power of Corporation PART VFINANCIAL PROVISIONS 12. Conduct of financial affairs 13. Revenue of the Corporation 14. Annual estimates 15. Keeping of accounts 16. Bank accounts 17. Investments 18. Security for loans 19. Audit 20. Report of auditor PART VISTAFF AND AGENTS 21. Employment of officers and staff and their authority 22. Pensions and provident funds 23. Agents PART VIIGENERAL 24. Regulations 25. Power of court to cancel licence or permit 26. Minister may give directions 27. Dissolution of the Corporation 10 of 196830 of 196928 of 19718 of 1980 An Act to provide for the establishment, development and Administration of a Capital City at Lilongwe and for the establishment of a Capital City Development Corporation and to define the functions of that Corporation and for purposes connected therewith and incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Capital City Development Corporation Act. 2. Interpretation In this Act, except where the context otherwise requires— ‘‘Capital City’’ means the area of land designated by the President under section 9 as the Capital City of Lilongwe; ‘‘Chairman’’ means the Chairman of the Corporation designated under section 4 and any person acting as such; ‘‘Corporation’’ means the Capital City Development Corporation established under this Act; ‘‘development’’ includes redevelopment; 30 of 1969 ‘‘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 Corporation. PART IIESTABLISHMENT AND CONDUCT OF CORPORATION 3. Establishment of the Corporation There is hereby established the Capital City Development Corporation which shall be a body corporate by that name with perpetual succession and a common seal, with the power to alter and change the same from time to time and which shall, subject to this Act, be capable in law of suing and being sued, of acquiring, holding, letting and otherwise disposing of land, and of doing and performing such acts and things as bodies corporate may by law do and perform. 4. Membership of Corporation (1) The Corporation shall consist of not less than six and not more than ten members, none of whom shall be a Minister or a member of the Parliament of Malawi. 28 of 1971 (2) Members of the Corporation shall be appointed by the Minister who shall designate one member to be the Chairman and another member to be the Deputy Chairman. (3) No person shall be appointed a member if he— (a) has been adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth and has not been discharged or has made a composition with his creditors and has not paid his debts in full; (b) is certified to be insane or otherwise adjudged to be of unsound mind under any law for the time being in force in Malawi; (c) is under sentence of death imposed on him in a court in Malawi or is under sentence of imprisonment (by whatever name called) imposed on him by such court or substituted by competent authority for some other sentence imposed on him by such court. (4) A member shall hold office for two years from the date of his appointment unless he sooner resigns or his appointment is terminated by the Minister under section 5. (5) The Chairman, Deputy Chairman and all other members shall be eligible for re-appointment at the conclusion of their respective terms of office. (6) No member shall participate in the consideration or discussion of or vote on any decision of the Corporation in respect of any matter in which he has a direct or indirect pecuniary interest. 5. Resignation and vacation (1) A member may at any time by writing, under his hand addressed and delivered to the Minister, resign his membership. (2) A member shall vacate his membership if— (a) any circumstance has arisen which if such person were not a member of the Corporation would cause him to be disqualified for appointment under section 4; (b) such member has been absent from three consecutive meetings of the Corporation without permission of the Chairman; or (c) such member is in the opinion of the Minister unable or unfit to discharge the functions and duties of a member, and such member has been instructed by the Minister to vacate his membership. (3) When the Minister has terminated the appointment…

CHAPTER 40:04AFRICAN DEVELOPMENT BANK ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Malawi’s accession to the Bank Agreement 3. Financial provision 4. Certain provisions of the Bank Agreement to have force of law First Schedule Second Schedule 16 of 1968 An Act to provide for Malawi’s accession to the African Development Bank Agreement, to provide for the carrying out of Malawi’s obligations arising under the agreement and for matters related thereto or connected therewith Whereas at the Conference of African Finance Ministers held at Khartoum in the Sudan in July and August, 1963, there were drawn up Articles of an Agreement (hereinafter referred to as the Bank Agreement which term shall include all subsequent amendments to the Bank Agreement) for the establishment and operation of the African Development Bank (hereinafter referred to as the Bank): And Whereas on the 25th July, 1966, Malawi acceded to the Bank Agreement and acquired full membership status in the Bank with effect from the 1st August, 1966: And Whereas Malawi’s instrument of accession has been deposited with the Secretary General of the United Nations and Malawi has paid to the Bank the first two instalments of its paid-up subscription totalling $150,000. NOW, THEREFORE be it enacted by the Parliament of Malawi as follows— 1. Short title This Act may be cited as the African Development Bank Act. 2. Malawi’s accession to the Bank Agreement The accession of Malawi to the Bank Agreement is hereby ratified, and the payment of the first two instalments of Malawi’s paid-up subscription as set out in the First Schedule is approved. 3. Financial provision (1) There shall be charged on and paid out of the Consolidated Fund without further appropriation than this Act all payments required to be made from time to time by the Government to the Bank under the terms of the Bank Agreement and in accordance with the resolution of the Board of Governors of the Bank relating to the membership of Malawi in the Bank. (2) The payments referred to in subsection (1) include payments of the instalments of Malawi’s paid-up subscription to the Bank, as set out in the First Schedule and all administrative costs arising out of such payments to the Bank. 4. Certain provisions of the Bank Agreement to have force of law The provisions of the Bank Agreement set out in the Second Schedule shall have the force of law in Malawi: Provided that nothing in the Bank Agreement shall be construed as— (a) entitling the Bank to import goods free of customs duty without any restrictions on their subsequent sale in Malawi; (b) conferring on the Bank any exemption from duties or taxes which form part of the price of goods sold; (c) conferring on the Bank exemption from taxes or duties which are in fact no more than charges for services rendered. FIRST SCHEDULE ss. 2 and 3 Instalments of Malawi’s Paid-up Subscription U.S.Dollars First Instalment (already paid) 5 %50,000 Second Instalment (already paid) 10% August, 1967100,000 Third Instalment 15% payable August, 1968150,000 Fourth Instalment 20% payable August, 1969200,000 Fifth Instalment 25 % payable August, 1970250,000 Sixth Instalment 25% payable August, 1971250,000 TOTAL$1,000,000 SECOND SCHEDULE s. 4 Provisions of the Bank Agreement which are to have the force of law in Malawi. ARTICLE 23GENERAL POWERS In addition to the powers provided elsewhere in this Agreement, the Bank shall have power to— (a) borrow funds in member countries or elsewhere, and in that connexion to furnish such collateral or other security as it shall determine, provided always that: (i) before making a sale of its obligations in the market of a member, the Bank shall have obtained its approval; (ii) where the obligations of the Bank are to be denominated in the currency of a member, the Bank shall have obtained its approval; and (iii) where the funds to be borrowed are to be included in its ordinary capital resources, the Bank shall have obtained, where appropriate, the approval of the members referred to in subparagraphs (i) and (ii) of this paragraph that the proceeds may be exchanged for any other currency without any restrictions; (b) buy and sell securities the Bank has issued or guaranteed or in which it has invested, provided always that it shall have obtained the approval of any member in whose territory the securities are to be bought or sold; (c) guarantee or underwrite securities in which it has invested in order to facilitate their sale; (d) invest funds not needed in its operations in such obligations as it may determine and invest funds held by the Bank for pensions or similar purposes in marketable securities; (e) undertake activities incidental to its operations such as, among others, the promotion of consortia for financing which serves the purpose of the Bank and comes within its functions;…

CHAPTER 14:09EXPLOSIVES ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Application 4. Appointment and duties of Inspectors 5. Prohibition on acquisition or possession of explosives without licence or permit 6. Type of licence and permit 7. When storage licence may be issued 8. When dealer’s licence may be issued 9. When permit to possess may be issued 10. When blasting licence may be issued 11. Exemption of employees 12. Exemption of carriers 13. Penalty for acquisition or possession of explosives without licence or permit 14. Burden of proof 15. Manufacture of explosives 16. Destruction of explosives 17. Precaution against and reporting loss of explosives 18. Search of persons, vehicles, vessels and premises 19. Penalty for obstructing Inspector 20. Revocation of permits and licences 21. Appeal against refusal to grant a permit or licence or revocation thereof 22. Penalties for endangering safety or causing loss of life 23. Power to make regulations 61 of 196625 of 19688 of 2002 An Act to provide for the regulation and control of the acquisi­tion, manufacture, sale and use of explosives and for matters incidental thereto and connected therewith 1. Citation This Act may be cited as the Explosives Act. 2. Interpretation In this Act, unless the context otherwise requires— “acquire” includes hire, purchase and accept as an inheritance, gift, loan or on approval; “Chief Inspector” means Chief Inspector of Eplosives appointed under this Act; “explosive” means— (a) nitro-glycerine, dynamite, gun-cotton, blasting powder, gunpowder, and any other substance or mixture capable of being used for the purpose of producing an explosion; (b) any detonating fuse, igniter cord, safety fuse, fuse igniter, detonator or percussion cap and every adaptation or preparation of any explosive; (c) any other substance which the Minister may from time to time, by notice published in the Gazette, declare to be an explosive; “Inspector” means the Chief Inspector of Explosives and an Inspector of Explosives appointed under this Act; “manufacture” includes to make and divide any explosive from or into its component parts by any process, to convert an explosive into an explosive of another kind, and to alter or fit for use any explosive. 3. Application Nothing in this Act shall apply to— (a) the import, storage, acquisition or use of any explosive by the armed forces of Malawi, the Police or any other armed force constituted by or under any written law; (b) any ammunition for which a licence to possess or deal is held under the Firearms Act; (c) the possession or conveyance of any explosive by an Inspector or any other duly authorized person, for the purposes of this Act or any regulations made thereunder, provided that the quantity is not more than is reasonably necessary for the purpose required, and that it is kept and conveyed with all due precaution; (d) any explosive or class of explosives which the Minister may, by notice published in the Gazette, exempt for such special purpose or purposes and in accordance with such conditions as shall be specified in such notice. 4. Appointment and duties of Inspectors (1) There may be appointed a Chief Inspector of Explosives and as many public officers to be Inspectors of Explosives as is deemed necessary. (2) It shall be the duty of the Chief Inspector of Explosives and Inspectors of Explosives to control the purchase, sale, dealing in, storage, use and disposal of explosives so as to minimize the danger of accidental explosion and damage to the public or to persons handling, storing or using explosives. (3) Every Inspector of Explosives shall, in the excercise of his powers and performance of his duties under this Act, be subject to any general or special directions of the Chief Inspector of Explosives. (4) The Chief Inspector of Explosives and every Inspector of Explosives shall in the exercise of every power and duty conferred upon them under any provision of this Act be at all times subject to the general or special directions of the Minister. 5. Prohibition on acquisition or possession of explosives without licence or permit Except as may otherwise be provided under this Act, no person shall acquire or have in his possession or use any explosive unless he holds a valid licence or permit in respect thereof issued under this Act by the Chief Inspector, or by an Inspector authorized by him in writing in that behalf. 6. Type of licence and permit (1) The Chief Inspector or an Inspector authorized by him in writing in that behalf may, in relation to explosives issue— (a) a storage licence; (b) a dealer’s licence; (c) a permit to possess; (d) a blasting licence, for such period and subject to such conditions as he may consider appropriate in the circumstances. (2) A storage licence shall authorize the holder thereof to store explosives in the premises…

CHAPTER 1:02REVISION OF THE LAWS ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Commissioner: Law Revision Officer 4. Duties of Commissioner and Law Revision Officer 5. Publication of the Laws of Malawi 6. Periodical revision of Laws of Malawi 7. Laws of Malawi to constitute sole and proper version of laws 8. Contents of Laws of Malawi 9. Power to omit certain laws from the Laws of Malawi 10. Validity of laws not included in the Laws of Malawi 11. Powers in respect of preparation of pages 12. No power to make amendments of substance 13. Construction of reference to repealed, etc., written law 14. Power of Minister to rectify errors by order 15 of 196851 of 19719 of 197720 of 197811 of 1989 An Act to provide for revisions of the Laws of Malawi and for matters connected therewith 1. Short title This Act may be cited as the Revision of the Laws Act. 2. Interpretation In this Act unless the context otherwise requires— “Commissioner” means the Law Revision Commissioner appointed by the Minister under section 3 (1); “in force” in relation to an Act, means enacted and brought into operation, and in relation to subsidiary legislation, means made and brought into operation; “Law Revision Officer” means the Law Revision Officer designated as such pursuant to section 3 (2); “Law Revision Order” means an order made by the Minister under section 5; “revision date” in respect of the first edition of the Laws of Malawi prepared and published under this Act, means, for Acts, the 1st January, 1968, and for subsidiary legislation, the 4th August, 1967, and in respect of subsequent revisions of the Laws of Malawi, means the 1st January in each year, or such other date, in any year, as the Minister may, by order, appoint as a revision date. 3. Commissioner: Law Revision Officer (1) The Minister may, from time to time, appoint a Commissioner for the purposes of this Act, who shall be known as the Law Revision Commissioner. (2) There shall be a Law Revision Officer who shall be a public officer designated as such by the Minister. 4. Duties of Commissioner and Law Revision Officer (1) It shall be the duty of the Commissioner, in accordance with this Act, to prepare and publish, or cause to be prepared and published, an edition to be known as the Laws of Malawi, containing all the written laws required to be contained therein. (2) It shall be the duty of the Law Revision Officer from time to time, as directed by the Attorney General, to maintain and revise the Laws of Malawi. 5. Publication of the Laws of Malawi (1) The Laws of Malawi shall be published in looseleaf form, or such other form as the Commissioner may determine, and shall comprise only such pages as may be authorized to be included therein by the Minister under subsection (2). 9 of 1977 (2) The Minister shall, by order, give authority for the inclusion in the Laws of Malawi of each and every page to be comprised therein, and may similarly authorize the replacement of pages therein and the removal of pages therefrom, and no page shall be deemed to form part of the Laws of Malawi until or unless it is so authorized. (3) Every page comprised in the Laws of Malawi shall bear a reference to the Law Revision Order by which its inclusion therein was authorized: 9 of 1977 Provided that where pursuant to section 83 (1) of the Customs and Excise Act, any Order is made prescribing complete new tariffs under the said Act, and such Order is published in the Gazette as a separate Supplement thereto in a looseleaf or other form approved by the Commissioner, and the said separate Supplement is, by a Law Revision Order, made at any time after such publication, incorporated in its published form into the Laws of Malawi as a separate Supplementary Volume of such Laws of Malawi, the provisions of this subsection shall not apply to any pages comprised in such Supplementary Volume on the date of its said incorporation under such Law Revision Order, but shall apply to any pages included therein under the authority of any later Law Revision Order. (4) A Law Revision Order may authorize the inclusion in the Laws of Malawi of pages on which are reproduced a written law although such written law may not have been in force on the last preceding revision date, provided that an instrument bringing that written law into operation has been published prior to the publication of such Law Revision Order. 6. Periodical revision of Laws of Malawi (1) As soon as practicable after the 1st January, 1969, and after each subsequent revision date the Laws of Malawi shall be revised…

CHAPTER 6:02LIMITATION ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIPERIODS OF LIMITATION FOR DIFFERENT CLASSES OF ACTION 3. Part II to be subject to provisions of Part III relating to disability, acknowledgment, fraud, etc. Actions of Contract and Tort and certain other Actions 4. Limitation of actions of contract and tort and certain other actions 5. Limitation in case of successive conversions and extinction of title of owner of converted goods. Actions to recover Land and Rents 6. Limitation of actions to recover land 7. Accrual of right of action in case of present interests in land 8. Accrual of right of action in case of future interests 9. Provisions in case of settled land and land held on trust 10. Accrual of right of action in case of forfeiture or breach of condition 11. Accrual of right of action in case of certain tenancies 12. Right of action not to accrue or continue unless there is adverse possession 13. Cure of defective disentailing assurance 14. Limitation of redemption actions 15. No right of action to be preserved by formal entry or continual claim 16. Extinction of title after expiration of period 17. Limitation of action to recover rent Actions to recover Money secured by a Mortgage or Charge or to recover Proceeds of the Sale of Land 18. Limitation of actions to recover money secured by a mortgage or charge or to recover proceeds of the sale of land Actions in Respect of Trust Property or the Personal Estate of Deceased Persons 19. Limitation of actions in respect of trust property 20. Limitation of actions claiming personal estate of a deceased person PART IIIEXTENSION OF LIMITATION PERIODS IN CASE OF DISABILITY, ACKNOWLEDGMENT, PART PAYMENT, FRAUD AND MISTAKE Disability 21. Extension of limitation period in case of disability Acknowledgment and Part Payment 22. Fresh accrual of action on acknowledgment or part payment 23. Normal provisions as to acknowledgments and part payments 24. Effect of acknowledgment or part payment on persons other than the maker or recipient Fraud and Mistake 25. Postponement of limitation period in case of fraud or mistake PART IVGENERAL 26. Application of Act and other limitation laws to arbitrations 27. Provisions as to set-off or counterclaim 28. Acquiescence 29. Application to registered land 30. Application to proceedings by or against the Government 31. Miscellaneous savings 32. Saving for other limitation laws 33. Provisions as to actions already barred and pending suits 34. Transitional provisions 17 of 1967 An Act to provide for the Limitation of certain actions and Arbitrations and for matters incidental thereto and comnected therewith PART 1PRELIMINARY 1. Short title This Act may be cited as the Limitation Act. 2. Interpretation (1) In this Act, unless the context otherwise requires— “action” includes any proceeding in a court; “arbitration agreement” has the meaning assigned to that expression in the Arbitration Act; “award” means an award of an arbitrator under the Arbitration Act or a foreign award within the meaning of the Arbitration Act; “land” includes corporeal hereditaments and rent charges, and any legal or equitable estate or interest therein, including an interest in the proceeds of the sale of land held on trust for sale, but save as provided in this definition does not include any incorporeal hereditament; “officer”, in relation to the Government, includes the President, a Minister and any servant of the Government; “personal estates” and “personal property” do not include chattels real; “personal injuries” includes any disease and any impairment of a person’s physical or mental condition; “rent” includes a rent charge; “rent charge” means any annuity or periodical sum of money charged upon or payable out of land, except interest on a mortgage of land; “trust”, “trustee” and “trust for sale” have the same meanings respectively as in the Trustee Act. (2) For the purposes of this Act, proceedings by or against the Government shall include proceedings by or against any Government department or officer of the Government as such. (3) (a) For the purposes of this Act, a person shall be deemed to be under a disability while he is a minor, or of unsound mind. (b) For the purposes of paragraph (a) but without prejudice to the generality thereof, a person shall be conclusively presumed to be of unsound mind while he is detained in pursuance of any written law authorizing the detention of persons of unsound mind or criminal lunatics. (4) A person shall be deemed to claim through another person, if he became entitled by, through, under or by the act of that other person to the right claimed: Provided that a person becoming entitled to any estate or interest by virtue of a special power of appointment shall not be deemed to claim through the appointer. (5) References in this Act to…

CHAPTER 50:01TOURISM AND HOTELS ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Establishment of Board 4. Policy 5. Licences 6. Functions of the Board 7. Conditions under which the licence shall be granted 8. Transfer of licence 9. Cancellation of licence 9A. Closure of premises and seizure of food, etc. 9B. Forfeiture, cancellation and other orders 10. Classification or re-classification of hotels 11. Right to be heard 12. Appeals 12A. Appeals committee 12B. Powers of appeals committee 13. Power to obtain information 14. Register of guests 15. Power to make regulations 16. Application of Act, etc., to other enterprises 17. Saving 51 of 196518 of 196937 of 197011 of 19718 of 198039 of 19811 of 2003 An Act to provide for the control and management of hotels, the establishment of a Tourism and Hotels Board and other matters incidental thereto 1. Short title This Act may be cited as the Tourism and Hotels Act. 2. Interpretation In this Act, unless the context otherwise requires— “Board” means the Tourism and Hotels Board established under section 3; “hotel” includes a boarding-house and any other building or premises used for the accommodation of the public in which lodgings are provided and provisions are supplied by the keeper or manager thereof, but does not include any hostel or any school or any other premises or class of premises exempted from this Act by the Minister; “hotel-keeper” means any person to whom a licence to keep or manage an hotel has been issued under section 5, and includes any person to whom a licence has been transferred under section 8; “licence” means a licence issued under section 5; “member” includes the Chairman of the Board; “register” means the register kept by an hotel-keeper in accordance with section 14 (1). 3. Establishment of Board (1) There is hereby established a board to be known as the Tourism and Hotels Board. (2) The Board shall consist of a chairman and not less than five other members appointed by the Minister. (3) Subject to a power or revocation of appointment by the Minister, every member shall hold office for a period of two years from the date of his appointment but shall be eligible for reappointment. (4) Four members shall constitute a quorum at any meeting of the Board. In the absence of the chairman the members present shall elect one of the number to act as chairman. (5) The chairman at any meeting shall, in addition to his deliberative vote as a member of the Board, have a casting vote. 4. Policy The Board may, where necessary, seek the general direction of the Minister on the manner in which it is to carry out its duties under this Act. 5. Licences (1) No person shall use any premises as an hotel unless he has previously obtained a licence from the Board authorizing that the premises be used as an hotel. (2) No person shall keep or manage an hotel unless he has previously obtained a licence from the Board authorizing him to keep or manage an hotel. (3) Every licence shall commence on the day on which it is expressed to commence and, unless previously cancelled or otherwise determined, shall expire on the thirty-first day of December next following the date of its commencement. (4) Any person who keeps or manages an hotel without a valid licence, or who, not being the holder of a valid licence, publicly uses, or permits to be used, the word “hotel” in relation to any premises of which he is the owner or occupier, shall be guilty of an offence and liable to a fine of K20,000 and to imprisonment of one year. (5) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and liable to a fine of K50,000 and to imprisonment for two years. 6. Functions of the Board (1) The functions of the Board shall be to control and regulate the tourism industry. (2) Without prejudice to the generality of subsection (1), the Board shall— (a) grant licences under section 5; (b) consent to transfer of licences under section 8; (c) vary, cancel or suspend licences under section 9; and (d) classify or reclassify hotels under section 10. 7. Conditions under which the licence shall be granted (1) No licence shall be granted by the Board unless the applicant satisfies the Board that the conditions specified in this section are fulfilled. (2) The conditions to be fulfilled for the purposes of this section are that— (a) the applicant is of good character and is a person capable of keeping or managing an hotel; (b) the premises in respect of which the application is made are structurally adapted for use as an hotel, and are in all respects suitable for such…

CHAPTER 31:01NATIONAL LIBRARY SERVICE ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Establishment of Board 4. Functions of Board 5. Report by Board 6. Appointment of Executive Secretary and other staff 7. Funds of Board 8. Investment 9. Accounts and audit 10. Execution of documents 11. Regulations Schedule 31 of 196730 of 19699 of 1986G.N. 15/1979 An Act to provide for the control and regulation of the National Library Service, to establish the National Library Service Board and to provide for matters incidental thereto and connected therewith 1. Short title This Act may be cited as the National Library Service Act. 2. Interpretation In this Act, unless the context otherwise requires— ‘‘Board’’ means the National Library Service Board established by section 3; ‘‘Executive Secretary’’ means the Executive Secretary of the National Library Service appointed under section 6; 9 of 1986 ‘‘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. 30 of 1969 3. Establishment of Board (1) There is hereby established a Board, which shall— (a) be a body corporate by the name of the National Library Service Board, with perpetual succession and a common seal; (b) in its corporate name be capable of suing and being sued; and (c) be capable of holding, purchasing and otherwise acquiring, and disposing of any property, moveable or immoveable, for the purposes of, or in the course of, the carrying out of its functions. (2) The Schedule shall have effect as to the constitution and proceedings of, and otherwise in relation to, the Board. (3) The Minister may, on the advice of the Board, by Order amend the Schedule. 4. Functions of Board (1) The functions of the Board shall be to promote, establish, equip, manage, maintain and develop libraries in Malawi. (2) The Board shall have power for the purpose of carrying out its functions to do all such acts as appear to it to be necessary, desirable, advantageous or convenient for or in connexion with the carrying out of its functions or to be incidental or conducive to their proper discharge, and may carry on any activities in that behalf either alone or in association with any other person or body (including the Government or a local authority). (3) For the avoidance of doubt it is hereby declared that the powers of the Board referred to in subsection (2) relate only to its capacity as a body corporate and nothing in that subsection shall authorize the disregard by the Board of any written law. 5. Report by Board The Board shall, within six months after the end of each financial year, make a full report to the Minister on the conduct of its business during that year, and the Minister shall lay a copy thereof before the National Assembly. 6. Appointment of Executive Secretary and other staff (1) Subject to subsection (2), the Board may appoint an Executive Secretary of the National Library Service who shall be the chief executive officer of the Board and who shall be entitled to be present and to speak, but not to vote, at meetings of the Board. 9 of 1986 (2) The appointment of the Executive Secretary and his terms and conditions of service shall be subject to the approval of the Minister. (3) The Board may from time to time appoint, on such terms and conditions as it thinks fit, such officers, clerks and servants as it considers necessary for carrying out its functions under this Act. (4) The Board may appoint from among its members a working committee, of such composition and with such powers as the Board may determine, for the purpose of assisting or advising the Executive Secretary in his day to day administration of the National Library Service. 7. Funds of the Board The funds and resources of the Board shall consist of— (a) such sums as may be provided by Parliament for the purposes of this Act; (b) any sums or property which may in any manner become payable to or vested in the Board in respect of any matter incidental to the carrying out of its functions; (c) any sums or property which may be donated to the Board: Provided that the Board shall not be obliged to accept a donation for a particular purpose unless it approves of the terms and conditions attached to such donation. 8. Investment (1) The Board may, with the approval of the Minister and subject to such conditions as he may impose, invest such part of its funds as are not for the time being required for the purposes of its business. (2) The powers of the Minister under this section shall be exercised with the concurrence…

CHAPTER 44:03POST OFFICE SAVINGS BANK ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Establishment of Savings Bank 4. Establishment of Board 5. Functions of Board 6. Management of Savings Bank 7. Reserve Fund and Accumulated Deficit Fund 8. Security of moneys deposited and expenses 9. Investment of moneys 10. Interest 11. Accounts not operated on for fifteen years 12. Books, accounts, records and reports 13. Determination of disputes 14. Regulations 15. Remittances to and from other savings banks 16. Disclosure of information 17. Exemption from stamp duty 18. Liability of Government etc. 19. Authorization of payment for loss 40 of 19671 of 196944 of 197119 of 1993 An Act to provide for the establishment and administration of a Post Office Savings Bank and for matters incidental thereto 1. Short title This Act may be cited as the Post Office Savings Bank Act. 2. Interpretation In this Act, unless the context otherwise requires— ‘‘account’’ means an account in the Savings Bank; ‘‘Board’’ means the Post Office Savings Bank Board established under section 4; ‘‘officer’’ means any person employed or assigned in connexion with any business of the department responsible for postal services; ‘‘principal office’’ means the principal Office of the Savings Bank situated in such place as the Postmaster-General may by notice, from time to time, specify; ‘‘Savings Bank’’ means the Post Office Savings Bank deemed to be established under section 3; ‘‘Savings Bank year’’ means the period of twelve months beginning on the 1st January in any year and ending on the 31st December next following. 3. Establishment of Savings Bank (1) The Post Office Savings Bank of Malawi, hereinafter referred to as the former Savings Bank, subsisting immediately before the commencement of this Act by virtue of the Post Office Savings Bank Ordinance (now repealed), hereinafter referred to as the repealed Ordinance, shall be deemed to be the Post Office Savings Bank established and constituted under this Act. (2) Any person who, immediately before the commencement of this Act, had money in an account with the former Savings Bank shall be deemed to have such money in an account in the Post Office Savings Bank under this Act. (3) The Post Office Savings Bank established and constituted under this Act shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its own name and which, subject to this Act, may acquire, hold or dispose of moveable and immoveable property for the purpose of its functions. 4. Establishment of Board (1) There is hereby established a Post Office Savings Bank Board which shall consist of the following members— (a) the Secretary to the Treasury or his representative, who shall be Chairman; (b) the Governor of the Reserve Bank of Malawi or his representative; (c) the Postmaster-General or his representative; and (d) two other members appointed by the Minister and holding office at the Minister’s pleasure. (2) The Chairman and any two other members shall constitute a quorum at any meeting of the Board, and unless otherwise provided or determined by the Board, the decision of the majority of the members present and voting at any meeting shall constitute a decision of the Board. The Chairman shall have a deliberative vote and, in addition, in the event of an equality of votes, a casting vote. (3) Meetings of the Board shall be called by the Chairman and shall be conducted in such manner as the Board may, from time to time, determine. (4) No act or proceeding of the Board shall be invalidated merely by reason of the existence of a vacancy or vacancies among the members, and all bona fide acts or proceedings of the Board shall be valid notwithstanding any defect that may afterwards be discovered in the appointment of any member of the Board. (5) The Chairman may invite any person to attend a meeting of the Board, and any such person attending a meeting of the Board shall have the right to address the Board but not to vote on any matter before the Board. 5. Functions of Board In addition to any functions conferred on it by this Act or any regulations made thereunder, the Board shall be responsible for the policy and general administration of the Savings Bank, and with regard to these matters the Postmaster-General shall, in the exercise of his functions under this Act or any regulations made thereunder, be subject to any special or general directions of the Board. 6. Management of Savings Bank (1) Subject to this Act and any regulations made thereunder, the Postmaster-General shall be responsible for the day to day management and control of the Savings Bank and may take such steps as may be necessary or desirable for the encouragement of thrift, for the proper management…

CHAPTER 18:09MALAWI RED CROSS SOCIETY ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Establishment and constitution of Society, etc. 4. Incorporation of Society 5. Objects of Society 6. Recognition of Society as a voluntary aid society 7. Independence of Society to be respected 8. Protection of emblems, etc., offences and penalty 9. Council of Society 10. Rules Schedule 51 of 1966 An Act to Provide for the Incorporation of the Malawi Red Cross Society and for Matters Incidental Thereto and Connected Therewith 1. Short title This Act may be cited as the Malawi Red Cross Society Act. 2. Interpretation In this Act, unless a contrary intention appears— “Branch” means the Malawi Branch of the British Red Cross Society that was in operation before the commencement of this Act; “rules” means administrative rules made under section 10; “Scheduled Conventions” means the conventions specified in the Schedule; “Society” means the Malawi Red Cross Society. 3. Establishment and constitution of Society, etc. On the commencement of this Act— (a) there shall be established and constituted the Malawi Red Cross Society which shall be the sole national Red Cross Society in Malawi; (b) all the assets and liabilities of the Branch shall be transferred to and be vested in the Society by virtue of this section and without further assurance, and the Society shall have all the powers necessary to take possession of, recover and deal with such assets and discharge such liabilities; (c) all deeds, bonds, instruments and contracts subsisting immediately before the day on which this Act comes into operation to which the Branch is a party shall be of as full force and effect against or in favour of the Society and enforceable as fully and effectually as if, instead of the Branch, the Society were a party thereto; (d) officers of the Branch shall hold corresponding appointments in the Society until other provision is made in accordance with rules made under this Act, and Life Associates and Associates of the Branch shall become corresponding Life Associates and Associates of the Society, but subject to any provision contained in the aforesaid rules. 4. Incorporation of Society The Society shall be a body corporate under the name of the Malawi Red Cross Society, having perpetual succession and a common seal, with power to sue and be sued, purchase, acquire, hold, manage and dispose of movable and immovable property, and to enter into any such contracts as it may consider to be necessary or expedient for the purpose of performing its functions or achieving its objects under this Act. 5. Objects of Society (1) The objects of the Society shall be— (a) to furnish volunteer aid to the sick and wounded in time of war and to non-belligerents and to prisoners of war and civilian sufferers from the effects of war; (b) in the case of catastrophes or public disasters, to provide the victims thereof with relief; (c) in time of peace or war to carry on and assist in work for the improvement of health, the prevention of diseases and the mitigation of suffering throughout the world; (d) to promote the Junior Red Cross movement among the youth of all races; and (e) to propagate the ideals and the humanitarian principles of the Red Cross with a view to developing a feeling of solidarity and mutual understanding among all men and all nations. (2) In pursuing the objects referred to in subsection (1) the Society shall not make any adverse distinction founded on sex, race, nationality, religion or faith, political opinions or any other similar criteria and shall act in accordance with the spirit and principles of the Scheduled Conventions. 6. Recognition of Society as a voluntary aid society The Society is hereby recognized by the Government as a voluntary aid society auxiliary to the public authorities both for the purpose of the Scheduled Conventions and otherwise, and shall have the right in conformity with the Scheduled Conventions to use the heraldic emblem of a red cross on a white ground, formed by reversing the Swiss Federal colours, and the words “Red Cross”. 7. Independence of Society to be respected The independent and voluntary nature of the Society shall at all times be respected in accordance with the resolution relative to National Red Cross Societies adopted by the General Assembly of the United Nations on the 19th November, 1946. 8. Protection of emblems, etc., offences and penalty (1) No person, other than a person so authorized under the Scheduled Conventions, shall use for any purpose whatsoever any of the following emblems or designations— (a) the emblem of a red cross with vertical and horizontal arms of the same length on, and completely surrounded by, a white ground, or the designation “Red Cross” or “Geneva Cross”; (b) the emblem of a…