Agricultural Lands Act

Link to law: http://www.parliament.gov.zm/node/948
Published: 1960

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
Printing - The Laws of the Republic of Zambia
The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

REPUBLIC OF ZAMBIA

THE AGRICULTURAL LANDS ACT

CHAPTER 187 OF THE LAWS OF ZAMBIA

CHAPTER 187 THE AGRICULTURAL LANDS ACT

THE AGRICULTURAL LANDS ACT

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

Section

1. Short title

2. Interpretation

3. Existing leases and grants

PART II

AGRICULTURAL LANDS BOARD

4. Establishment of Agricultural Lands Board

5. Tenure of office of members of Board

6. Procedure of Board

7. Remuneration of members

8. Functions of Board

9. Review of decisions of Board

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

PART III

ALIENATION OF AGRICULTURAL LAND

10. Application of Part III

11. Interpretation

12. Manner of alienation

13. Preparation of schemes

14. Preparation and publication of allotment plans

15. Re-alienation of holdings

16. Application of allotment of land

17. Consideration of applications

18. Allotment of holdings

19. Duration of lease

20. Rent of holding

21. Occupation of holding

22. Compensation, etc.

23. Use of timber

24. Restraint on alienation

25. Option to purchase a holding

26. State Grant

27. Option to purchase land comprised in other leases

28. State Grants of land comprised in other leases

29. Existing encumbrances, etc.

30. Renewal of leases

31. Re-entry

32. Debts due under determined or surrendered lease

33. Bankruptcy of leasee

34. Death, etc., of lessee

35. State Grant to be used for agricultural purposes

36. Abandonment of holding

37. Right to enter and inspect

PART IV

TENANT FARMING SCHEMES

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

38. Creation of schemes

39. Interpretation

40. Improvements qualifying for compensation

41. Termination of tenancy

42. Regulations

PART V

GENERAL

43. Valuations

44. Powers of Minister

45. Amendment of Schedules

46. Regulations

47. Execution and validity of documents, etc.

48. Serving of notices

FIRST SCHEDULE-Permanent improvements

SECOND SCHEDULE-Improvements qualifying for compensation

CHAPTER 187

AGRICULTURAL LANDS

An Act to provide for the establishment of the Agricultural Lands Board; to
prescribe the composition and membership thereof; to prescribe its powers
and functions; to provide for tenant farming schemes; and to provide for
matters incidental to or connected with the foregoing.

[23rd December, 1960]

57 of 1960
42 of 1963
13 of 1994
Government Notice
227 of 1964
Statutory Instrument
65 of 1965

PART I

PRELIMINARY

1. This Act may be cited as the Agricultural Lands Act. Short title

2. In this Act, unless the context otherwise requires- Interpretation

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

"agricultural purposes" includes grazing and stock raising;

"Board" means the Agricultural Lands Board established under the provisions of
section four;

"State Grant" means a grant in fee simple made under and subject to the
provisions of Part III;

"State Land" means any land included within State Lands as defined in the Orders
dealing with State Lands other than land which, prior to the 14th March,
1957, had been and which at that date was and thereafter has remained
granted in perpetuity to any person;

App.4

"State Lease" means a lease of State Land and includes any lease granted before
the 24th October, 1964, by the Crown.

(As amended by S.I. No. 65 of 1965)

3. Any lease made or State Grant issued under the provisions of the Agricultural
Lands Acts, Chapter 101 of the 1958 Edition of the Laws, shall be deemed to have been
made or issued under the provisions of this Act and shall have effect accordingly as if this
Act had been in force at the date of such lease or grant:

Existing leases and
grants

Provided that if any conditions imposed upon any such lease or grant by the
provisions of this Act are more onerous than those imposed by the Agricultural Lands Act,
Chapter 101 of the 1958 Edition of the Laws, the conditions imposed by the latter Act shall
continue to attach to such lease or grant in place of the said conditions imposed under this
Act.

PART II

AGRICULTURAL LANDS BOARD

4. (1) As from the commencement of this Act there shall be established a Board to
be known as the Agricultural Lands Board.

Establishment of
Agricultural Lands
Board

(2) The members of the Board shall be-

(a) a chairman appointed by the Minister to be other than a public officer;

(b) three public officers appointed by the Minister;

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(c) two persons selected by the Minister from a panel of not more than four
names submitted to him by the Commercial Farmers' Union;

(d) such additional members, not exceeding five in number, appointed by the
Minister as the Minister may deem desirable:

Provided that at no time shall the Board be so constituted as to have a majority of
public officers.

(3) No person who is a member of the National Assembly may be appointed to be a
member of the Board.

(4) The appointments made under the provisions of paragraphs (a), (c) and (d) of
subsection (2) shall be made by name, but the appointments made under the provisions
of paragraph (b) of subsection (2) may be made ex officio or by name.

(As amended by No. 42 of 1963, G.N. No. 227 of 1964 and S.I. No. 65 of 1965)

5. (1) Subject to the other provisions of this section, the chairman of the Board shall
hold office for such period not exceeding three years from the date of his appointment as
the Minister may fix or, if no period has been fixed, for three years from the date of his
appointment but shall be eligible for reappointment, and the members of the Board
appointed under the provisions of paragraphs (c) and (d) of subsection (2) of section four
shall hold office for a period of two years from the date of their appointment but shall be
eligible for reappointment.

Tenure of office of
members of Board

(2) The office of a member of the Board shall become vacant-

(a) upon his death; or

(b) if he shall be adjudicated a bankrupt or if he shall make a composition with
his creditors; or

(c) if he is absent from three consecutive meetings of the Board without the
special leave of the Board; or

(d) if he gives one month's notice in writing to the Minister of his intention to
resign office and his resignation is accepted by the Minister; or

(e) if the Minister is satisfied that the member has become physically or
mentally incapable of performing his duties as a member; or

(f) if his appointment is terminated by the Minister; or

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(g) if he becomes a member of the National Assembly.

(As amended by G.N. No. 227 of 1964 and S.I. No. 65 of 1965)

6. (1) The Board may meet for the despatch of business, adjourn and, subject to
the provisions of this Act, regulate its meetings as it thinks fit.

Procedure of Board

(2) Four members, of whom at least two are not public officers, shall constitute a
quorum of any meeting of the Board, and all acts, matters or things authorised or required
to be done by the Board shall be decided by resolution of any meeting at which a quorum
is present.

(3) At all meetings of the Board the chairman, or, in his absence, such member as
the members present shall select, shall preside.

(4) At all meetings of the Board the person presiding shall have a deliberative vote
and, in the event of an equality of votes, shall also have a casting vote.

(5) If a member is directly or indirectly personally interested in any matter coming
before any meeting of the Board at which he is present, he shall, at the meeting and as
soon as practicable after the commencement thereof, disclose the fact and shall not be
present in his capacity as a member at the meeting while such matter is being considered
and shall not take part in any discussion or vote on that matter or any question arising
therefrom.

7. (1) Every member of the Board, other than a public officer, shall be paid such
fees and remuneration in respect of his services as such member as may be fixed by the
Minister from time to time.

Remuneration of
members

(2) Every such member shall, in addition, be paid travelling and subsistence
expenses incurred by him while engaged on the business of the Board in accordance with
a tariff framed by the Board and approved by the Minister.

8. (1) The functions of the Board, in addition to the powers and duties specifically
assigned to it under this Act, shall be-

Functions of Board

(a) to keep under review the use that is being made by the President of State
Land outside urban and peri-urban areas and to make such
recommendations to the Minister thereon as it may deem fit;

(b) to carry out such other duties in relation to the alienation of State Land
outside urban and peri-urban areas as the Minister may place upon the
Board;

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(c) to keep under review the general operation of this Act and to make such
recommendations to the Minister thereon as it may deem fit.

(2) In the exercise of its functions under this Act, the Board shall comply with any
general or special directions of policy given by the Minister.

(3) In the exercise of its advisory duties, the Board shall through its chairman
communicate its advice and recommendations to the Minister.

(4) In the exercise of any powers of decision conferred upon the Board by this Act or
by the Minister, the Board shall communicate its decision to the Permanent Secretary,
who shall cause such decisions to be carried out subject to the provisions of this Act and
of any other written law.

(5) No member of the Board shall communicate any advice, recommendation or any
decision whatsoever of the Board to any person who is not a member of the Board except
when authorised so to do by the Minister, or the Permanent Secretary.

(As amended by G.N. No. 227 of 1964 and S.I. No. 65 of 1965)

9. (1) Subject to the provisions of this section, the decision of the Board shall be
final in respect of any matter on which the Board is by or under this Act empowered to
decide.

Review of decisions of
Board

(2) Any person aggrieved by a decision of the Board may at any time, but not later
that twenty-eight days after the service upon him of formal notice thereof, appeal to the
Minister against the decision on any of the following grounds but not otherwise:

(a) that the decision is contrary to the provisions of this Act;

(b) that the decision is contrary to public policy or to the public interest;

(c) that the decision is an improper exercise of a discretion entrusted to the
Board;

(d) that the decision is against the weight of the evidence submitted to the
Board.

(3) The Minister may, upon an appeal under subsection (2) or of his own instance,
review any decision of the Board on any of the grounds set out in subsection (2), or on the
ground that such decision is contrary to any directions of policy given by the Minister to
the Board.

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(4) When exercising his powers under this section, the Minister may make such
order as in the circumstances he may consider just, and such order shall be final.

PART III

ALIENATION OF AGRICULTURAL LAND

10. (1) The Minister may, by statutory notice, delare any State Land and, with the
consent of the registered owner thereof, any freehold land to be subject to the provisions
of this Part and may at any time, by like notice, declare that any such land that has not
been alienated under the provisions of this Part shall cease to be subject thereto.

Application of Part III

(2) The provisions of this Part shall not apply to any land other than land in respect
of which a declaration under subsection (1) is for the time being in force.

(As amended by G.N. No. 227 of 1964 and S.I. No. 65 of 1965)

11. In this Part, unless the context otherwise requires- Interpretation

"allotment plan" means a plan for the allotment of land prepared by the Board
under the provisions of this Part;

"beneficial occupation" has the meaning assigned to it by subsection (2) of section
twenty-one, and "beneficially occupy" shall be construed accordingly;

"declared land" means land in respect of which a declaration made under
subsection (1) of section ten is for the time being in force;

"holding" means a holding into which any land has beend divided in accordance
with, and for the purpose of alienation under the provisions of this Part or of
Part III of the Agricultural Lands Act, Chapter 101 of the 1958 Edition of the
Laws;

"lessee" means the lessee of a holding;

"permanent improvements" means the improvements specified in the First
Schedule.

(As amended by S.I. No. 65 of 1965)

12. (1) Declared land may be alienated by the President in any of the following
ways but not otherwise:

Manner of alienation

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(a) by State Grant in accordance with the provisions of this Act;

(b) by the lease of holdings in accordance with the provisions of the suceeding
sections of this Part;

(c) by any other State Lease or tenancy.

(2) Unless a contrary intention appears, the provisions of this Part, other than the
provisions of this section, shall not apply to State Leases or tenancies, other than the
lease of holdings.

(As amended by S.I. No. 65 of 1965)

13. (1) Whenever any land is, in the opinion of the Minister after consultation with
the Board, suitable for alienation under the provisions of this Part, the Minister may direct
the Board to prepare proposals for the alienation of the land in economic agricultural units
and for matters connected therewith or incidental thereto.

Preparation of
schemes

(2) When so ordered under the provisions of subsection (1), the Board shall cause
proposals to be prepared accordingly and shall submit them as a scheme to the Minister,
and such proposals may extend to any other matters whatsoever, including the
improvement of the land and the phasing of allotment and alienation, that the Board may
consider should be incorporated in a scheme for the alienation of the land.

(3) There shall be annexed to any submission made by the Board under subsection
(2), a financial statement giving estimates of the expenditure that will be involved in
carrying out the proposals made in the submission.

(4) After considering the proposals submitted by the Board, the Minister may give
such directions to the Board thereon as he may deem fit and may then, or at any time
thereafter, order the Board to prepare allotment plans for the land concerned or for any
part of it.

(5) The Minister may reserve from allotment any portion of any land when he deems
it desirable that such portion should be reserved for public purposes or for common
pasturage.

14. (1) When so ordered by the Minister and before any declared land is alienated,
the Board shall prepare allotment plans under which the land that is the subject of the
Minister's order may be allotted to applicants, and subject to the terms of the order, the
Board may prepare a single allotment plan for the whole area or may prepare separate
allotment plans for separate portions of the area.

Preparation and
publication of
allotment plans

(2) Every allotment plan-

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(a) shall show the boundaries of the holdings into which the land concerned will
be divided for the purposes of allotment and subsequent alienation;

(b) shall have annexed thereto or recorded thereon a statement of the
approximate area of each such holding; and

(c) shall have annexed thereto a statement of any improvements that have
been made or that it is proposed to make on any such holding, the
estimated capital value of the various holdings, the terms and conditions of
alienation and the minimum qualifications that the Board will require of
applicants.

(3) When an allotment plan has been approved by the Minister, copies of it shall be
made available for public inspection during the normal hours of public business at the
office of the Commissioner of Lands and at such other public offices, if any, as the Board
may decide, and notice that the plan has been prepared and approved and is available for
public inspection shall be given by the Board by publication of such notice in the Gazette
and in at least one newspaper published in Zambia.

(4) The notice published under subsection (3) shall invite applications for allotment
of holdings and shall state-

(a) the general location of the land that is the subject of the allotment plan and
the number of holdings into which the land has been divided;

(b) the places where the allotment plan can be inspected;

(c) the manner of application for the allotment of holdings shown on the
allotment plan; and

(d) a date before which the Board will not proceed to allot any such holdings.

(5) Nothing in this section shall be deemed to prohibit the consideration of
applications received after the date stated under paragraph (d) of subsection (4), but,
subject to the provisions of subsection (6) and of section fifteen, no allotment of any
holding shall be made unless an allotment plan in which such holding is included has been
prepared and notified before the said date.

(6) Where the Minister is of the opinion that any area of land, which does not form
part of a scheme prepared under the provisions of section thirteen, should be dealt with as
a single holding, he may order the Board to prepare a plan in respect thereof, and such
plan-

(a) shall show the boundaries of such holding and the area thereof;

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(b) shall have annexed thereto a statement setting forth-

(i) the estimated capital value of such holding;

(ii) any improvements which have been made, or which it is proposed to
make, on such holding;

(iii) the terms and conditions upon which the holding will be alienated;

(iv) the minimum qualifications which the Board will require of applicants
for the allotment of such holding;

and when such plan has been prepared, the provisions of subsections (3), (4) and (5)
shall, mutatis mutandis, apply thereto as they apply to allotment plans.

(As amended by S.I. No. 65 of 1965)

15. (1) The provisions of sections thirteen and fourteen shall not apply to the
allotment of holdings that have previously been leased but which have reverted to the
President and which the Board considers should be re-alienated without substantial
alteration of the boundaries of the holding.

Re-alienation of
holdings

(2) Whenever it intends to allot a holding under the provisions of this section, the
Board shall give notice of its intention so to do.

(3) A notice under subsection (2) shall be published in the Gazette and in at least
one newspaper published in Zambia and shall state-

(a) the general location of the holding;

(b) a place where a plan showing the situation and area of the holding may be
inspected;

(c) the manner of application for the allotment of the holding;

(d) a date before which the Board will not proceed to allot the holding.

(4) Nothing in this section shall be deemed to prohibit the consideration of
applications received after the date stated in terms of paragraph (d) of subsection (3), but
no allotment shall be made before such date.

(5) The Minister may, on the recommendation of the Board, declare in writing that
any land that was leased prior to the 14th March, 1957, or prior to the date when such
land was declared to be "agricultural land" under the provisions of the Agricultural Lands
Act, Chapter 101 of the 1958 Edition of the Laws, shall be deemed to be a holding for the
purposes of this section.

(As amended by S.I. No. 65 of 1965)

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

16. Every application for the allotment of a holding shall be made in writing to the
Board in the prescribed form.

Application for
allotment of land

17. (1) The Board shall not be obliged to approve any application made under the
provisions of section sixteen.

Consideration of
applications

(2) In the consideration of applications for holdings, the Board shall have regard to-

(a) any direction of general policy given to it by the Minister;

(b) the age of the applicant;

(c) the character of the applicant;

(d) whether the applicant is willing to make a declaration affirming his intention
personally to occupy the holding and to work and develop it exclusively for
the benefit of himself and the members of his family, if any;

(e) whether the applicant possesses the capital necessary to ensure the
beneficial occupation of the holding;

(f) whether the applicant possesses the qualifications necessary for beneficial
occupation of the holding;

(g) any other facts which, in the opinion of the Board, are relevant to the
individual application or to the holding.

(3) The Board shall not approve any application for a holding made on behalf of a
limited company unless such company-

(a) is incorporated under any law applicable to Zambia relating to companies;
and

(b) undertakes that it will occupy the holding through the agency of a manager
to be approved by the Board under the provisions of section twenty-one,
who will himself reside on the holding and develop and beneficially occupy it
to the satisfaction of the Board; and

(c) is legally competent to hold and farm land within Zambia; and

(d) possesses or is able to raise capital which, in the opinion of the Board, is
sufficient to ensure the beneficial occupation of the holding.

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(4) In making any decision approving an application for the allotment of a holding,
the Board shall decide which holding or choice of holdings should be offered to the
applicant or whether the applicant should be placed on a waiting list.

(5) All applicants shall be informed by written notice of the decision of the Board on
their applications and informed that the Board will make allotments after the expiry of not
less than twenty-eight days from the date of that notice.

(As amended by S.I. No. 65 of 1965)

18. (1) Holdings shall be allotted to applicants by the Board, and thereafter
alienated by the President.

Allotment of holdings

(2) In allotting any holding the Board shall, all other things being equal, give
preference to an applicant who is not already the owner of agricultural land.

(As amended by S.I. No. 65 of 1965)

19. The term of any lease granted in respect of any holding under the provisions of
this Part shall be thirty years.

Duration of lease

20. (1) The yearly rent payable in respect of a holding which when allotted is
unimproved agricultural land shall be such percentage of the value of the holding as the
Minister, after consultation with the Board, may prescribe and shall be payable annually in
arrear.

Rent of holding

(2) The yearly rent payable in respect of a holding which when allotted is improved
agricultural land shall be such percentage of the value of the holding as the Minister, after
consultation with the Board, may in each case determine and shall become due and
payable annually in arrear.

(3) Notwithstanding the provisions of the preceding subsections, the rent for the first
year of occupation of any holding shall be payable in advance.

(4) For the purposes of this section, improved agricultural land means agricultural
land upon which one or other of the improvements set out in paragraph (1) of the First
Schedule has been effected.

21. (1) Every lessee shall take up effective personal residence on his holding within
six months after the date of commencement of his lease, or within such longer period as
may be approved by the Board, and shall beneficially occupy his holding.

Occupation of holding

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(2) Beneficial occupation in respect of any holding shall mean-

(a) from the date of taking up effective personal residence as required by
subsection (1)-

(i) in the case of an individual lessee, personal residence on the
holding, and in the case of a company, personal residence on the
holding by a manager who is in charge of farming operations and
who is approved for that purpose by the Board;

(ii) the practice of sound methods of good husbandry;

(iii) the proper care and maintenance of all improvements effected on
the holding;

(b) before the expiration of a period of three years after the date of the lessee
taking up effective personal residence as required by subsection (1)-

(i) the annual cultivation of such proportion of the area of the holding
as may be laid down by the Board;

(ii) the maintenance of stock as laid down by the Board;

(iii) the provision for the numbers of stock maintained under the
provisions of subparagraph (ii) of dipping or stock spraying facilities,
paddock fencing or ring fencing and water supplies, in each case
considered adequate by the Board;

(iv) the provision of a habitable house and such farm buildings as may
be reasonably necessary for the purposes of the proper working of
the holding;

(v) the provision of permanent improvements, whether required by or
under the preceding provisions of this section or not, valued by the
Board at not less than such sum as may have been laid down by the
Board.

(3) The requirements, if any, of the Board under sub-paragraphs (i), (ii) and (v) of
paragraph (b) of subsection (2) shall be laid down in each case by the Board before the
lease is granted, shall be incorporated in the lease and shall not thereafter be varied
without the consent of the lessee.

(4) The Minister may, in special circumstances on the recommendation of the
Board, permit any lessee to depart from the requirements of sub-paragraph (i) of
paragraph (a) of subsection (2).

(5) A lessee shall use his holding primarily for agricultural purposes, for purposes
ancillary thereto and for the personal residence of himself and his family and necessary
staff and for no other purpose, save with the prior consent of the President.

(As amended by S.I. No 65 of 1965)

22. (1) On the determination of his lease by effluxion of time or otherwise, but
subject to the provisions of sections thirty-three and thirty-four, no compensation shall be
payable to a lessee in respect of buildings improvements effected on his holding:

Compensation, etc.

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

Provided that in any particular case the Minister, on the recommendation of the
Board, may authorise an ex gratia payment to a lessee in respect of such buildings or
improvements, or, if the lessee has not exercised any right granted under the provisions of
subsection (3), there shall be paid to such lessee, not being a lessee who has failed
substantially to comply with the provisions of this Part, or any of them, an amount
equivalent to the sum received from the disposal of the said holding, less the
administration expenses incurred. Nothing in this subsection shall be deemed to require
the President to dispose of the said holding.

(2) In considering whether to make a recommendation to the Minister under the
provisions of subsection (1), the Board shall have regard to-

(a) the value of the buildings or improvements concerned and the date of the
termination of the lease;

(b) the economic state of the agricultural industry in the area in which the
holding is situate at such date;

(c) the value of any payments made from public funds towards the cost of
permanent improvements on the holding.

(3) The power to accept and receive an ex gratia payment under the provisions of
this section, or any right given by the Minister, on the recommendation of the Board, to
remove buildings and improvements at the lessee's own cost, shall be deemed to have
been assigned to the holder of any mortgage or charge, whereby the holding is made the
security for the payment of money, existing immediately before the date of determination
of the lease:

Provided that, from any payment made under this section, there shall be deducted-

(i) the amount of any rent due in respect of the holding;

(ii) any amount outstanding on any loan made to the lessee by the
Government, or by any other person with a guarantee of the loan by the
Government, for which the holding has been made security.

(As amended by S.I. No. 65 of 1965)

23. (1) A lessee shall have the right to cut down and use such indigenous trees on
his holding as he may from time to time require for his own farming and domestic
purposes, but he shall not be entitled, except with the prior written approval of the
President, to sell or remove any timber from the holding.

Use of timber

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(2) Any lessee who sells or removes any timber in contravention of the provisions of
subsection (1) shall be guilty of an offence and shall be liable to a fine not exceeding three
thousand penalty units.

(As amended by S.I. No. 65 of 1965 and Act No. 13 of 1994)

24. (1) A lessee shall not- Restraint on alienation

(a) assign, sublet, mortgage, charge or in any manner whatsoever encumber,
or part with possession of his holding or any part thereof or interest therein
or concerning the same; or

(b) attempt so to assign, sublet, mortgage, charge, encumber or part with
possession; or

(c) enter into any partnership for the working of his holding;

without the prior written consent of the President, and every application for such consent
shall be made in writing to the Board. Any contravention of the provisions of this
subsection shall be deemed to be a failure to comply with a requirement of this Act.

(2) Nothing in this section shall be construed to prevent a lessee from incurring any
debt or any charge upon his holding under the provisions of the Natural Resources Act or
of any other written law under the provisions of which debts or charges may be imposed
upon a landholder without his consent.

(As amended by S.I. No. 65 of 1965)

Cap. 197

25. (1) A lessee whose lease was granted by virtue of paragraph (b) of subsection
(1) of section twelve shall be entitled to obtain an option to purchase his holding where all
the following conditions have been fulfilled:

Option to purchase a
holding

(a) not less than seven years have elapsed since the date of commencement
of his lease;

(b) all the provisions of this Act which are applicable to him and all the terms
and conditions of his lease have been complied with;

(c) permanent improvements valued by the Board at not less than K20,000
have been effected on his holding:

Provided that, where the holding is less than 1,000 acres in extent, the minimum
value of the permanent improvements for the purposes of this paragraph
shall be K10,000 or such amount as bears the same proportion to K20,000
as the hectareage of the holding bears to 1,000, whichever is the greater.

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(2) A lessee who wishes to obtain an option to purchase his holding under the
provisions of this section shall make application to the Board in the prescribed form.

(3) In this section and in sections twenty-six, twenty-seven and twenty-eight, the
expression "the date of commencement of his lease" means the date upon which the
lessee or his predecessors in title entered into possession of the land comprised in the
lease, whether by virtue of such lease or by virtue of an immediately earlier lease or
agreement for a lease in respect of the same land.

26. A lessee who has acquired an option to purchase the land comprised in his
lease under the provisions of section twenty-five shall be entitled to obtain a State Grant
of his holding where all the following conditions have been fulfilled:

(a) not less than ten years have elapsed since the date of commencement of
his lease;

(b) the lessee has continued, since the grant of the option to purchase, to
maintain the permanent improvements required under paragraph (c) of
subsection (1) of section twenty-five and to comply with the provisions of
this Act and the terms and conditions of his lease;

(c) the whole of the purchase price, which shall be the value of the holding as
determined for the purpose of section fourteen, the survey fees and the
cost of preparation and registration of the title deed have been paid to the
President:

State Grant

Provided that a lessee who has acquired, by way of assignment, a lease of a holding
shall not be entitled except with the special consent of the Minister granted on the
recommendation of the Board, to obtain a State Grant of such holding unless he has
beneficially occupied such holding in accordance with the provisions of this Act and to the
satisfaction of the Board for a period of not less than three years.

(As amended by S.I. No. 65 of 1965)

27. (1) Subject to the provisions of subsection (4) of section twenty-eight, a lessee
of declared land under a State Lease for a period of not less than ninety-nine years or for
a lesser period when the lease confers upon the lessee a right to be granted a lease for a
period of not less than ninety-nine years upon the survey of the land, shall be entitled to
obtain an option to purchase the land comprised in such lease where all the following
conditions have been fulfilled:

Option to purchase
land comprised in
other leases

(a) not less than seven years have elapsed since the date of commencement
of his lease;

(b) all the terms and conditions of his lease and the provisions of
sub-paragraphs (ii) and (iii) of paragraph (a) of subsection (2) of section
twenty-one have been complied with, notwithstanding that this Act had not
been enacted at the time that the lease was granted;

(c) such permanent improvements have been effected to the land comprised in
the lease as will satisfy the requirements of paragraph (c) of subsection (1)
of section twenty-five.

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(2) In all cases where two or more parcels of declared land formerly held under
separate leases have been consolidated into one parcel of land, and where the lessee has
under one or more of such leases qualified in time for an option to purchase the land
comprised therein, the Board may in its discretion grant an option to purchase the
consolidated parcel of land, notwithstanding that the lessee may not have qualified in time
under each separate lease, but provided he has qualified in all other respects in regard to
the consolidated parcel of land.

(3) Subject to the provisions of subsection (4) of section twenty-eight, a lessee of
land under a State Lease whose lease was granted with the sole purpose of combining
with a contiguous freehold property, of which he is the registered owner, to create a single
economic unit of agricultural land, and whose lease is for a period of not less than
ninety-nine years or for a lesser period, shall be entitled, if the Board so recommends, to
obtain an option to purchase the land comprised in such lease where all the following
conditions have been fulfilled:

(a) not less than seven years have elapsed since the date of commencement
of his lease;

(b) all the terms and conditions of his lease have been complied with;

(c) such permanent improvements have been effected on the land comprised
in the freehold property and the State Lease as will satisfy the requirements
of paragraph (c) of subsection (1) of section twenty-five;

(d) the land comprised in the freehold property and the State Lease are
declared land.

(4) A lessee who wishes to obtain an option to purchase under the provisions of this
section shall make application to the Board in the prescribed form.

(As amended by S.I. No. 65 of 1965)

28. (1) A lessee who has acquired an option to purchase the land comprised in his
lease under the provisions of subsection (1) or (2) of section twenty-seven shall be
entitled to obtain a State Grant of his holding where all the following conditions have been
fulfilled:

State Grants of land
comprised in other
leases

(a) not less than ten years have elapsed since the date of commencement of
his lease;

(b) the lessee has continued, since the grant of the option to purchase, to
maintain the permanent improvements required under paragraph (c) of
subsection (1) of section twenty-five, and to comply with the provisions of
this Act and the terms and conditions of his lease;

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(c) the whole of the purchase price, the survey fees and the cost of preparation
and registration of the title deed have been paid to the President:

Provided that a lessee who acquires a lease by way of assignment shall not be
entitled, except with the special consent of the Minister granted on the recommendation of
the Board, to obtain a State Grant of the land comprised in such lease unless he has
beneficially occupied such land in accordance with the provisions of this Act and to the
satisfaction of the Board for a period of not less than three years.

(2) A lessee who has acquired an option to purchase the land comprised in his
lease under the provisions of subsection (3) of section twenty-seven shall be entitled to
obtain a State Grant of the land comprised in his lease and in his contiguous freehold
property where all the following conditions have been fulfilled:

(a) not less than ten years have elapsed since the date of commencement of
his lease;

(b) the lessee has continued, since the grant of the option to purchase, to
comply with the terms and conditions of his lease and to maintain the
permanent improvements required under paragraph (c) of subsection (1) of
section twenty-five, whether such permanent improvements have been
effected on the land comprised in his freehold property or on the land
comprised in his lease;

(c) he has conveyed to the President the whole extent of the declared land
comprised in his freehold property and surrendered to the President the
land comprised in his lease;

(d) the whole of the purchase price of the land comprised in his lease, all
survey fees and the cost of preparation and registration of all necessary
documents of title have been paid to the President.

(3) When a State Grant is acquired under this section, one of the following
provisions shall apply:

(a) if the previous lease was one which was subject to the payment of premium
in one or more instalments together with a rental calculated at one ngwee
per hectare pre annum, all payments made by the lessee by way of
instalments of premium shall be deemed to be instalments of the purchase
price, and the total purchase price of the land comprised in the lease shall
be the total premium payable under the lease plus a sum calculated at the
rate of twenty ngwee per hectare of such land;

(b) if the previous lease was one which was subject to the payment of only one
amount by way of consideration or premium together with an annual rental
calculated at a percentage of the valuation of the land, the total purchase
price of the land comprised in the lease shall be a sum calculated at twenty
times such annual rental of such land over and above rentals already paid
under the lease;

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(c) if the previous lease was one which was not subject to the payment of any
consideration or premium, the total purchase price of the land comprised in
the lease shall be a sum calculated at the rate of twenty ngwee per hectare
of such land.

(4) The rights conferred upon lessees of agricultural land by this section and by
section twenty-seven shall expire on the 13th March, 1977, or upon the thirtieth
anniversary of the date of commencement of the lease if that anniversary occurs after the
13th March, 1977.

(As amended by S.I. No. 65 of 1965)

29. Immediately upon the issue of a State Grant, the land comprised therein shall
be subject to all encumbrances, powers, rights and easements of whatsoever kind as are
registered against the lease which the State Grant replaces.

(As amended by S.I. No. 65 of 1965)

Existing
encumbrances, etc.

30. (1) Where any lease, granted in respect of any holding under the provisions of
this Act, expires by affluxion of time, the President, on the recommendation of the Board,
may renew such lease upon the terms and conditions generally applicable to leases of
holdings at the time of such renewal.

Renewal of leases

(2) The President shall not unreasonably withhold the renewal of a lease under the
provisions of subsection (1), but any failure on the part of the lessee to comply with any
requirement of the provisions of this Act, or any of the terms and conditions of the original
lease, shall be deemed to be sufficient reason for the withholding of such renewal.

(3) Where the lessee had obtained an option to purchase in respect of the original
lease, but had not exercised such option at the date of the expiry of such lease, any
renewal of such lease under the provisions of this section shall contain an option to
purchase.

(As amended by S.I. No. 65 of 1965)

31. (1) If any lessee has made any false statement which was material in support of
the application upon which his lease was granted, he shall, without prejudice to any other
proceedings which may be taken against him, be guilty of an offence and shall be liable
upon conviction to a fine not exceeding three thousand penalty units, and upon such
conviction the President shall have power to re-enter upon the land and the lease shall
thereupon determine.

Re-entry

(2) If a lessee fails to comply with any provision of this Act which is applicable to him
or to fulfil any of the terms or conditions of his lease, the Board may cause written notice
to be served upon such lessee calling upon him to remedy any default within such period
as the Board may consider just and reasonable, and if such lessee fails to remedy such
default within such time, the President shall have power to re-enter upon the land and the
lease shall thereupon determine.

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(3) The provisions of section 14, other than subsection (1), of the Conveyancing and
Law of Property Act, 1881, of the United Kingdom, shall apply to any re-entry under the
provisions of subsection (2), and in such application the word "lessee" in the said section
14 shall be deemed to include any mortgage or other encumbrancer of the holding
concerned.

(4) Upon the re-entry upon a holding under the provisions of this section, the
Commissioner of Lands shall have the right to take possession of and occupy the holding
on behalf of the President together with all improvements thereon, and no compensation
shall be made for any improvements made on or materials annexed to the holding by the
lessee, whether or not they were made or annexed with the knowledge of the Board.

(As amended by S.I. No. 65 of 1965 and Act No. 13 of 1994)

32. The determination of a lease under the provisions of this Act or the surrender
of a lease shall not extinguish any debt due from the lessee to the President under such
lease, and, upon such determination or surrender, there shall forthwith become due and
payable by the lessee to the President the difference between the total amount paid by the
lessee and the total rent due under the provisions of section twenty from the date of
commencement of the lease to the date of determination or surrender:

Debts due under
determined or
surrendered lease

Provided that if the Minister is satisfied that such determination or surrender was
caused by drought, flood, tempest, locusts, lack of water, failure of crops, disease of stock
or other adverse farming or domestic conditions which were not the fault of the lessee, he
may, after consultation with the Board, waive the whole or any part of the amount which
has or would, under the provisions of this section, become due and payable as a result of
such determination or surrender.

(As amended by S.I. No. 65 of 1965)

33. (1) In the event of a lessee's being adjudged bankrupt, or any assignment by a
lessee for the benefit of his creditors, or any sale by a mortgagee of a holding in the lawful
exercise of any power of sale, the trustee in bankruptcy or assignee, as the case may be,
of his estate or the mortgagee may assign the lease to any person who is approved in
writing by the Board. In considering any application for the approval of any proposed
assignee, the Board shall apply the provisions of subsections (1) to (3) of section
seventeen.

Bankruptcy of lessee

(2) The Board may require any such trustee or assignee as aforesaid by written
notice to assign the lease within such period as the Board may fix by such notice, and the
Board may, at its discretion, from time to time extend the period fixed by such notice. If
such trustee or assignee, as the case may be, shall fail to assign the lease within the
period specified in such notice, or any extension thereof fixed by the Board, then the said
lease shall forthwith determine and such trustee or assignee shall be entitled to be paid for
the permanent improvements made on the land at the lessee's own expense such
compensation as the Minister, after consultation with the Board, may decide, less any rent
due and any other moneys lawfully owing in respect of the holding to the President or the
Organisation, whether the holding has been made security for the repayment of such
other moneys or not:

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

Provided that no compensation shall be payable under the provisions of this section
in respect of improvements-

(a) not connected with the use of the holding for farming purposes; or

(b) not calculated to increase the value of the holding for farming purposes.

(3) On the determination of any lease under the provision of subsection (2), the
Board shall cause to be registered in the Registry of Deeds a certificate of such
determination in the prescribed form.

(4) If a lessee which is a company is wound up on the ground that it is unable to pay
its debts, the provisions of this section relating to a trustee or assignee shall apply to the
liquidator of the company.

(As amended by S.I. No. 65 of 1965)

34. (1) If a lessee dies or is detained as a mentally disordered or defective person
under the provisions of any written law relating to mental disorders, or is declared
incapable of managing his own affairs by order of a competent court, the legal
representative of such lessee, including any person empowered by law to administer or
give directions as to the administration of the estate of such lessee, may, subject to the
provisions of this section, assign the lease to any person who is approved in writing by the
Board or may continue the lease on behalf of the estate, and, in considering any
application for the approval of a proposed assignee, the Board shall apply the provisions
of subsections (1) to (3) of section seventeen.

Death, etc., of lessee

(2) Pending the assignment of the lease or during the period the legal
representative continues the lease on behalf of the estate under the provisions of
subsection (1), the provisions of this Act applicable to the lease and the terms and
conditions of the lease shall be fulfilled by the legal representative of the estate or on his
behalf by a person nominated by him and approved in writing by the Board.

(3) If the legal representative of the estate-

(a) notifies the Board of his intention to surrender the lease; or

(b) fails, within six months of the date of the grant of probate of the will or of
letters of administration of the estate of the deceased lessee, or of the date
of the order of the court appointing a committee of the estate of a mentally
disordered or defective person or of a person declared to be incapable of
managing his own affairs, to notify the Board in writing that he intends to
assign or continue the lease; or

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(c) having notified the Board of his intention to assign the lease, fails to assign
it within such period as may be fixed by the Board;

the lease shall determine and thereupon the legal representative shall be entitled to be
paid for the permanent improvements made on the land at the lessee's own expense such
compensation as the Minister, after consultation with the Board, may decide, less any rent
due and any other moneys lawfully owing in respect of the holding to the President or the
Organisation, whether the holding has been made security for the repayment of such
other moneys or not:

Provided that no compensation shall be payable in respect of improvements-

(i) not connected with the use of the holding for farming purposes; or

(ii) not calculated to increase the value of the holding for farming purposes.

(4) If, pending assignment of the lease or during the period the lease is continued
on behalf of the estate, the legal representative or the person nominated by him and
approved by the Board fails to comply with any requirement of this Act which was
applicable to the lessee or fails to fulfil any term or condition of the lease, the provisions of
sections thirty-one and thirty-two shall apply.

(As amended by S.I. No. 65 of 1965)

35. (1) Any person holding land under a State Grant issued under this Part shall
use such land primarily for agricultural purposes, for purposes ancillary thereto and for the
personal residence of himself and his family and necessary staff and for no other purpose,
save with the prior written consent of the Board.

State Grant to be used
for agricultural
purposes

(2) If any person fails to comply with the requirements of subsection (1), the Board
may, by notice in writing, require such person to cease such other use within such period
as may be prescribed in such notice, and, if such person fails to comply with the
requirements of such notice within the specified time, he shall be guilty of an offence, and
shall be liable to a fine not exceeding three thousand penalty units, and the court by which
such person is convicted may, in addition to any penalty imposed, make an order requiring
such person to comply with the said notice.

(As amended by S.I. No. 65 of 1965 and Act No. 13 of 1994)

36. (1) For the purposes of this section, land comprised in a State Grant shall be
deemed to have been abandoned if the owner fails-

Abandonment of
holding

(a) for a period exceeding three years, to maintain occupation of the land in
person or through a tenant or manager; or

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(b) for a period exceeding three years, to maintain on the land, to the
satisfaction of the Board, a reasonable standard of agricultural production,
having regard to the character, extent and situation of the land and the
general level of agricultural production being maintained at the time on
agricultural holdings of similar character in the neighbourhood.

(2) In the event of the abandonment of any land comprised in a State Grant, the
Board may serve notice on the owner thereof requiring such owner within such period, not
being less than twelve months from the date of the notice, as may be specified in such
notice, to reoccupy or arrange for the reoccupation of such land, and such notice shall
state in detail the steps which the owner is required to take in order to comply therewith.

(3) If any holder of a State Grant issued under the provisions of this Act fails, on two
or more separate occassions within any one period of three years, to comply with any
orders issued under the provisions of the Natural Resources Act, the Board may serve
notice on such holder requiring him within such period, not being less than twelve months
from the date of the notice, to comply with the orders concerned, or any of them, or, if the
work specified in any such order has been carried out by the Natural Resources Board
under the provisions of the said Act, requiring the holder, within such period as aforesaid,
to repay to the Natural Resources Board the costs incurred by such Board in carrying out
such work.

Cap. 197

(4) Any owner aggrieved by a notice served upon him under the provisions of this
section may lodge an appeal against such notice with the Minister within a period of three
months from the receipt thereof.

(5) Upon receipt of an appeal duly lodged under the provisions of subsection (4), the
Minister shall appoint three persons (hereinafter referred to as referees), one of whom
shall be a person holding legal qualifications who shall act as chairman, for the purpose of
hearing such appeal.

(6) The Board shall furnish to the referees a full statement of the facts which led to
the service of the notice appealed against.

(7) The referees, after hearing the appellant and considering the statement of the
Board and after having obtained any other report and after hearing such further evidence
as may appear to them to be necessary to enable them to make a proper determination,
shall make a report to the Minister embodying their decision and the reasons therefor, and
the Minister shall thereupon decide whether the notice shall stand or be withdrawn, and
such decision of the Minister shall be final.

(8) If a notice served under the provisions of this section is not withdrawn and the
owner of the land concerned fails within the specified period to comply with such notice,
the Minister shall have power to acquire the land on behalf of the President:

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

Provided that, before so acquiring such land, the Minister shall have regard to the
economic state at that time of the agricultural industry in the area in which such land is
situated,

(9) If the Minister, after consultation with the Board, decides to proceed with the
acquisition of any land, he shall make an offer in respect thereof in writing within a period
of six months from the date of expiry of the notice served under the provisions of this
section, and failure to make such offer within such period shall be deemed to be an
abandonment of the intention to acquire the land.

(10) In default of agreement between the owner of any land which is to be acquired
under the provisions of this section and the Minister as to the valuation of such land, a
summons may be taken out in the High Court as if the matter were one for the
determination of the amount of compensation due under the provisions of section nine of
the Public Lands Acquisition Act, Chapter 87 of the 1958 Edition of the Laws, and
thereafter the matter shall be governed, mutatis mutandis, by the provisions of the said
Act:

Provided that, in determining the valuation of such land, the High Court shall have
regard only to its value as agricultural land including the value of permanent
improvements effected thereon for farming purposes.

(As amended by S.I. No. 65 of 1965)

37. (1) Any public officer thereunto either generally or specially authorised in writing
by the Minister or by the Board may, at all reasonable times, enter and inspect any holding
or land comprised in a lease or a State Grant issued under the provisions of this Act, and
ascertain by such means as he may think fit whether or not the lessee or owner has
occupied and is occupying his holding or land in accordance with the provisions of this
Act.

Right to enter and
inspect

(2) Before exercising the powers conferred upon him by subsection (1), the public
officer concerned shall, whenever reasonably practicable, either obtain the consent of the
lessee or owner of the holding or land or give the said lessee or owner not less than
forty-eight hours' notice in writing of his intention to enter and inspect the holding or land,
and unless such consent has been obtained or such notice given, the officer shall not, in
exercise only of the powers conferred by this section, enter into any enclosed building or
dwelling-house.

(3) Any person who hinders or obstructs any public officer mentioned in subsection
(1) in the exercise of any of the powers conferred by subsection (1) shall be guilty of an
offence and shall be liable to a fine not exceeding seven hundred and fifty penalty units.

(As amended by S.I. No. 65 of 1965 and Act No. 13 of 1994)

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

PART IV

TENANT FARMING SCHEMES

38. The Minister may, after consultation with the Board, make schemes for the
settlement of tenant farmers on the land.

(As amended by G.N. No. 227 of 1964)

Creation of schemes

39. In this Part, unless the context otherwise requires- Interpretation

"holding" means a holding allotted to a tenant farmer under the provisions of a
scheme;

"scheme" means a scheme for the settlement of tenant farmers on the land
approved under the provisions of section thirty-eight;

"tenant" means a person holding land under the provisions of a scheme, and
"tenancy" shall be construed accordingly.

40. (1) A tenant who proposes to effect at his own expense any of the
improvements set out in the Second Schedule shall seek the prior approval of the Board
which shall consider whether such improvements are reasonably required for the
management, improvement or development of the holding.

Improvements
qualifying for
compensation

(2) When a tenancy expires by effluxion of time or is determined under the
provisions of section forty-one, there shall be paid by the President to the outgoing tenant
such sum as represents the value, at the date of such expiry or determination, of all
improvements effected by the tenant and approved by the Board under the provisions of
subsection (1), including improvements effected by the President and subsequently paid
for by the tenant.

(3) No compensation shall be payable for any other improvements effected by the
tenant, whether or not they were effected with the knowledge of the President or the
Board.

(As amended by S.I. No. 65 of 1965)

41. (1) A tenancy may be terminated immediately by the President if the tenant
becomes mentally or physically incapable of carrying out the conditions of his tenancy or
of continuing his operations as a farmer, and thereafter the President may, in his
discretion and subject to such conditions as he thinks fit, grant a new tenancy of the
holding to the spouse, father, mother or any one child of the tenant.

Termination of tenancy

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(2) If a tenancy is terminated under the provisions of this section and no new
tenancy is granted to the tenant's spouse, father, mother or child, any rent owing to the
President shall immediately become due for payment, and the President shall have the
right to deduct any rent from any compensation or crop proceeds due to the tenant.

(3) In this section, "child" includes a child who is an adopted child for the purposes
of the Adoption Act.

(As amended by S.I. No. 65 of 1965)

Cap. 54

42. (1) The Minister may, by statutory instrument, make regulations for the
purposes of carrying out schemes.

Regulations

(2) Without prejudice to the generality of the foregoing, such regulations may-

(a) prescribe standard covenants, terms, conditions and other provisions that
shall be deemed to be incorporated in tenancies;

(b) provide for the enforcement of such convenants, terms, conditions and
other provisions;

(c) provide for the setting up of a fund or funds into which moneys appropriated
by Parliament for the purpose and moneys received as rent from tenants
may be paid and for the administration and expenditure of such fund or
funds.

(3) Such regulations may be of general application to all schemes or may be
restricted in application to specified schemes.

(4) If any conflict shall arise between the provisions of any regulations made under
the provisions of this section and the provisions of the Agricultural Holding Act, 1908, of
the United Kingdom, in its application to Zambia, the provisions of the regulations shall
prevail.

(As amended by G.N. No. 227 of 1964 and S.I. No. 65 of 1965)

PART V

GENERAL

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

43. If any dispute shall arise relating to-

(a) the amount of any compensation not being an ex gratia payment;

(b) any valuation for an option to purchase a holding;

(c) any valuation for a State Grant;

such dispute may be referred to arbitration under the provisions of the Arbitration Act.

(As amended by S.I. No. 65 of 1965)

Valuations
Cap. 40

44. (1) The Minister may, by statutory instrument, make rules providing for any or
all of the following matters:

Powers of Minister

(a) the annual rent and other charges to be paid on leases issued under the
provisions of Part III;

(b) the percentage of the aggregate value of a holding and the improvements
thereon which a tenant under the provisions of Part IV shall pay by way of
rent;

(c) the length of term, the form of lease and the detailed conditions of
tenancies issued under the provisions of Part IV;

(d) the forms to be used for the purposes of this Act.

(2) The powers conferred upon the Minister by this section shall, in relation to Part
IV, be exercised subject to the provisions of any regulations made under the powers
conferred by section forty-two.

(As amended by G.N. No. 227 of 1964)

45. The Minister may, from time to time, by statutory notice, amend, alter or add to
any Schedule to this Act.

(As amended by G.N. No. 227 of 1964)

Amendment of
Schedules

46. The Minister may, by statutory instrument, make regulations to give force or
effect to the provisions of this Act or to provide for its better administration.

(As amended by G.N. No. 227 of 1964)

Regulations

47. (1) State Leases, tenancies and grants shall be executed on behalf of the
President by the Commissioner of Lands or any other public officer thereunto authorised
by the Minister.

Execution and validity
of documents etc.

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(2) In any matter arising from or connected with State Leases, tenancies or grants
or any of the terms or conditions thereof (including terms and conditions imparted by
operation of law), the signification of a decision expressed to be made on behalf of the
President by the Commissioner of Lands or other authorised officer shall be deemed for
all purposes to be complete and to have been taken by the proper authority, whether
under the provisions of this Act or otherwise.

(As amended by G.N. No. 227 of 1964 and S.I. No. 65 of 1965)

48. (1) Any notice authorised or required to be served by this Act shall be served in
writing.

Serving of notices

(2) Any notice authorised or required to be served by this Act shall be sufficiently
served-

(a) by delivering it personally to the person to be served; or

(b) by delivering it to the last known place of abode or business in Zambia of
the person to be served; or

(c) by affixing it or leaving it on the land affected by it; or

(d) by sending it by registered letter to the person to be served addressed to
his last known postal address or place of abode or business in Zambia,
provided such letter is not returned through the post office undelivered, and
that service shall be deemed to have been made at the time at which the
registered letter would in the ordinary course be delivered.

FIRST SCHEDULE

(Sections 11 and 20)

PERMANENT IMPROVEMENTS

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(1) Housing of permanent materials for the lessee and his employees.
Other farm buildings of permanent materials, not being stores required to be licensed under the provisions of the

Trades Licensing Act.
Dips and spray races of permanent materials.
Dams, weirs, boreholes, reservoirs and other fixed works in connection with the development and use of water on a

holding.
Fencing.
Soil conservation and irrigation works.
Land developed for cultivation or improvement of pasture.
Firebreaks.
Orchards and plantations, including planted windbreaks.
Access roads.
(2) The improvements mentioned in paragraph (1) shall only be deemed to be permanent improvements-

(a) if they are effected at the cost and expense of the lessee; or

(b) if constructed under the provisions of a Regional Plan approved by the Natural Resources Board, to such
extent as they are effected at the cost and expense of the lessee; or

(c) if they have been effected prior to the allotment of the holding to the lessee; and

(d) in the case of housing, to a value not exceeding twenty-five per centum of the total value of other permanent
improvements.

(As amended by G.N. No. 242 of 1964)

Cap. 40

SECOND SCHEDULE

(Section 40)

IMPROVEMENTS QUALIFYING FOR COMPENSATION

Erection, alteration and enlargement of buildings.
Formation of silos, dip tanks, spray races and stock handling facilities.
Making of works of irrigation.
Making or improvement of roads or bridges.
Making or improvement of water-courses, ponds, wells, or reservoirs, windmills, bore holes or any other works for the

application of water power or for supply of water for agricultural or domestic needs.
Planting of orchards or fruit bushes.
Soil or water conservation works.
Stumping and clearing of land.
Afforestation.
Drainage.
Making of permanent fences (subject to the provisions of the Fencing Act).
Making of firebreaks.

Cap. 19

SUBSIDIARY LEGISLATION

AGRICULTURAL LANDS Statutory Instruments
201 of 1966
27 of 1968
200 of 1974
81 of 1975

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

SECTION 10-THE AGRICULTURAL LANDS (DECLARATION) NOTICE

Declaration by the Minister

1. This Notice may be cited as the Agricultural Lands (Declaration) Notice. Title

2. It is hereby declared that the areas of State Land described in the Schedule
hereto shall be subject to Part III of the Act.

Application of Part III
of Act

3. The Agricultural Lands (Declaration) Notice, 1974, is hereby revoked. Revocation of S.I. No.
200 of 1974

SCHEDULE

AREA AL.1-LIVINGSTONE

The following farms: Nos 1492, 1964, 1965, 1966, 2224, 3069, 3072, 3214, 3234, 3256, 3374.

AREA AL.2-SENKOBO

The following farms: Nos 422a, 431a, 426a, 433a, 856, 1944, remaining extent of 2937, 3061,
remaining extent of 3106, 3335, 3382, 3622, 3623, 3624, 3625.

AREA AL.3-KALOMO/ZIMBA

The following farms: Nos 620, 810, 816, 1753, 1754, 1755, 1756, 1757, 1758, 1759, 1760, 1762,
1764, 1769, 1770, 1849, 1850, 1853, 1856, 1857, 1897, 1898, 1899, 1900, 1901, 1910, 1913, 1914,
1915, 1921, 1922, 1924, 1928, 1932, 1933, 2015, 2067, 2219, 2220, 2321, remaining extent of 2328,
2501, 2725, 2726, 2754, 2815, 2946, 2947, 2998, 3018, 3019, 3020, 3021, 3055, 3064, 3065, 3159,
3160, 3162, 3181, 3182, 3199, 3200, 3220, 3226, 3237, 3239, 3240, 3241, 3242, 3270, 3271, 3275,
3276, 3277, 3355, 3356, 3377, 3523, 3565, 3566, 3567.

AREA AL.4-CHOMA

The following farms: Nos 345a, remaining extent of 1512, 1618, 1619, 1620, 1621, remaining
extent of 1622, 1623, 1624, 1625, 1626, 1628, 1629, 1630, 1631, 1633, 1634, 1635, 1636, 1638,
1639, remaining extent of 1640, 1641, 1644, 1645, 1647, 1648, 1812, 1813, 1814, 1817, 1945, 2036,
2055, 2101, 2106, 2107, 2136, 2139, 2142, 2144, 2145, 2153, 2170, 2216, 2250, 2259, 2282, 2295,
2300, 2324, 2498, 2551, 2552, 2580, 2587, 2588, 2589, 2590, 2813, 2820, 2874, Subdivision A of
3049, 3190, 3191, 3201, 3284, 3359, 3561, 3569, 3570.

AREA AL.5-PEMBA

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

The following farms: Nos 256a, 257a, 258a, 259a, 260a, 262a, 274a, 571, 573, 1497, 3118,
3418, 3419, 3420, 3421.

AREA AL.6-MAGOYE/NEGA NEGA

The following farms: Nos 108a, 140a, 141a, 278a, 336a, 537, 574, 606, 607, 608, 650, 1076,
1548, 1989, 2003, 2147, 2148, 2149, 2163, 2210, 2289, 2325, remaining extent of farm No. 2549,
2570, 2612, 2613, 2830, 2831, 2832, 2833, 2856, 2961, 3008, 3009, 3010, 3071, 3140, remaining
extent of 3211, 3223, 3231, 3304, 3389, 3588.

AREA AL.7-KAFUE

The following farms: Nos 198a, 3370.

AREA AL.8-LUSAKA WEST

The following farms: Nos 524, 525, 593, 672, 690, 692, 744, 752, 754, 755, 765, 899, 1015,
1940, 1941, 1942, 1958, 1959, 1960, 1962, 2000, 2835, 3156, 3546.

AREA AL.9-LUSAKA EAST

The following farms: Nos 2021, 2658, 2885, 3153, 3233.

AREA AL.10-KARUBWE

The following farms: Nos 695, 1137, 1145, 1148, 1158, 1514, 2005, 2007, 2008, 2009, 2010, 2011,
2012, 2013, 2014, 2029, 2058, 2059, 2060, 2061, 2063, 2064, 2152, 2441, 2503, 2599, 2618, 2665,
2783, 2946, 3137, 3238, 3358, 3368.

AREA AL.11-CHISAMBA

The following farms: Nos 882, remaining extent of 889, remaining extent of 890, 1159, 1499,
remaining extent of 1594, 1596, 1597, 1598, 1600, 1601, 1602, 1603, 1604, 1605, 1607, 1655, 1836,
1837, 1838, 1840, 1841, 1842, 1843, 1887, 1888, 1891, 1892, 1894, 2031, 2080, 2084, 2105, 2110,
2130, 2140, 2146, 2157, 2159, 2161, 2237, 2240, 2256, 2270, remaining extent of 2291, 2343, 2433,
2435, 2563, 2582, 2583, 2616, 2747, 2760, 2761, 2779, 2836, 2878, 2956, 3207, 3267, 3268, 3297,
3298, 3299, 3300, 3301, 3302, 3333, 3342, 3360, 3367, 3388, 3426, 3430, 3514, 3527, 3528, 3529,
3531, 3532, 3539, 3541, 3542, 3574, 3575, 3593.

AREA AL.12-KABWE

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

The following farms: Nos 797, 1088, 1168, 1440, 1443, 1444, remaining extent of 1445, 1447,
1450, 1452, 1453, 1454, 1455, 1474, 1530, 1531, 1534, 1535, 1536, 1537, remaining extent of 1539,
1540, 1541, 1542, 1543, 1818, 1819, 1820, 1822, 1824, 1826, 1827, 1828, 1829, 1830, 1831, 1833,
1835, 1871, 1872, 1873, 1874, 1875, 1876, 1877, 1978, 1980, 2023, 2086, 2112, remaining extent of
2113, 2114, 2115, 2116, 2123, 2243, 2248, 2298, 2315, 2316, 2339, 2445, 2446, 2447, 2597, 2598,
2767, 3090, 3095, 3167, 3204, 3224, 3235, 3236, 3244, 3245, 3255, 3264, 3272, 3278, 3288, 3331,
3332, remaining extent of 3343, 3427, 3428.

AREA AL.13-MKUSHI

The following farms: Nos 1672, 1673, 1677, 1678, 1679, 1680, 1681, 1694, remaining extent of
2358, 2359, 2380, 2388, 2644, 2872, 2891, 2897, 2898, 2899, 2907, 2909, 2910, 2913, 2914, 1915,
1916, 1917, remaining extent of 2918, 1922, 2924, 2936, 2972, 2973, 2975, 2977, 2982, 2987, 2990,
3004, 3059, 3060, 3073, 3074, 3076, 3082, 3083, 3087, 3088, 3143, 3144, 3145, 3148, 3150, 3151,
3152, 3168, 3169, 3170, 3171, 3216, 3217, 3225, 3265, 3266, 3269, 3280, 3281, 3283, 3290, 3291,
3292, 3307, 3308, 3309, 3310, 3311, 3312, 3313, 3314, 3315, 3316, 3317, 3318, 3319, 3320, 3321,
3322, 3323, 3324, 3325, 3326, 3327, 3328, 3329, 3340, 3349, 3350, 3351, 3352, 3362, 3363, 3364,
3372, 3373, 3394, 3395, 3482 3483, 3544.

AREA AL.14-COPPERBELT

The following farms: Nos 1418, 1952, 2028, 2050, 2068, 2078, 2103, 2171, 2206, 2310, 2470,
2511, 2516, 2520, 2521, 2525, 2529, 2690, 2860, 2954, 3027, 3029, 3068, 3125, 3197, 3369.

AREA AL.17-SOLWEZI

The following farm: No. 2945.

AREA AL.18-CHIPATA

The following farms: Nos D124, D125, D129, D130, D131, D192, D193.

AREA AL.19-CHADIZA

The following farms: Nos D47, D48, D50, D53, D93, D94, D97, D119, D142.

AREA AL.20-KATETE

The following farms: Nos D136, D137, D138, D139, D140, D144, D147, D149, D151, D152, D153,
D155, D189.

(As amended by S.I. No. 81 of 1975)

SECTION 44-THE AGRICULTURAL HOLDING (RENT) RULES

Rules by the Minister

Government Notice
105 of 1961

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

1. These Rules may be cited as the Agricultural Holdings (Rent) Rules. Title

2. The annual rent to be paid for a lease of an agricultural holding issued in
accordance with the provisions of Part III of the Act shall be four and one-half per centum
of the value of the unimproved land comprised in the holding.

Annual rent