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Ethiopia Consolidated laws of Ethiopia; an unofficial
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CONSOLIDATED LA OF ETHIOPIA
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AN UNOFFICIA.L COMPILATION OF NATIONAL LAWS IN EFFECT AS OF SEPTEMBER 10, 1969
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VO.LUME II (Sectio11s 20-33)
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PREPARED IN CO-OPERATION WITH THE OFFICE OF THE PRIME MINISTER IMPERIAL ETH10PIAN GOVERNMENT
by THE FACULTY OF LAW \1
HAILE SELLASSIE I UNIVERSITY 1972
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Project Director WILLIAM H. EWING
Assistant Director BEYEN"E ABDI
120595
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COJJ)1 rjgl1t by Tl1e Faculty of Law Haile Sellassie I U11iversity
1972
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All rigl1ts reservecl, i11cl1tcli11g tl1e rigl1t to reproclt1ce this book
or portions tl1ereof i11 a11y for1n.
Printed flt Addis Ababa, Etl1io1Jia.
Artistic Printers Ltd.
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CONSOLIDATED LA\,VS OF ETHIOPIA SUMMARY OF CONTENTS VOLUME I Introductory Materials
Page 1 � In1perial Preface • • • • • • • • • • • • • • • •• •• 2. Sumn1ary of co11te11ts • • • • • • • • • • • • • • • • • • • 3. Table of Co11te11ts •• •• • •• • • ••• ••• ••• 4. Backgrot111d a11d Metl1od of tl1e Co11so/iclated Laws 5. Acknowledgen1e11ts ••• •• • ••• • ••• • 6. How to Use tl1e Co11solidatecl Lc,�vs ••• •• • 7. List of Abbreviatio11s ... • • • • • • • • • • • ••• •
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1 . T:he Revised CcJ11stitl1tion a11d the Charter of tl1e Organization of African • •• • • • ••• •• • ••• •• Unity • • • • • •• • •• ••• ••• ••• 2. Incorporation of Eritrea • • • • • • • • ., • •• • •• ••• •• • •• • •• :) . Ministerial Orga11izatio11 • • • ••• • ••• 4. Parliament and Elections ... • • • • • • • • • 5. Cotirts and Justice • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • ••• •• • • • • •• • ••• •• ••• 6. Teklay Ghizat Administration • •• •• ••• 7. Local Governn1ent • • • • • • • • • • • • • • • • • ••• • •• •• • ••• • •• ••• ••• ••• • •• •• •••• 8. Public Service • ••• •• • •• ••• ••• • •• • 9. Nationality and Aliens • • • • • • • ••• • •• • ••• ••• •• 10. De·fence and Arn1ed Forces • • • • • • • ••• ••• • •• ••• ••• • •• •• ••• •• ••• 11. Maritime Affairs ••• •• • ••• ••• ••• ••• ••• ••• • • •• •• • •• 12. Internal Security 13. Information and Censorship • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •• •• • • •• ••• ••• •• • ••• • 14. Auditing and Controlling 15. Banking and Currency • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 16. Customs, Import and Export Taxes • • • • • • • • • • • • • • • • • • • • • • • 17. Taxes Other than Customs • • • • • • • • • • • • • • • • • • • • • • • • • • • I 8. Government Borrowing • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 19. Ec@nomic Planning and Development • • • • • • • • • • • • • • • • • • • • • • • • ••
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CONSOLIDATED 1.AWS OF ETI-IIOPIA
VOLl1\1E II Page Pt1blic Works and Power • Tra11sportation and Comml111icat1ons • • • • • • Posts, Telegraphs and Telephones ... • • • • • • Commerce and Industry • • • • • • • • • • • • • • • ••• ••• Agricultt1re • • • • • • • • • • • • • • • ••• •• • •• • ••• Nlining and Conservation Land Reform and Administratio11 • • • • • • Community Develo1Jment and Social Affairs Labour ... • • • • • • • • • • • • • • • • • • • • • • • • Educatio11, Fine Arts and Antiquitie5 • • • • • • Public Health • • • • • • • • • • • • • • • • • • • • • Cht1rch Affairs • • • • • • • • • • • • • • • • • • • • • 32. Private Cl1artered Bodies ... • • • • • • • • • • • • ••• 33. Awards, I-Io11ot1rs a11d Medals •• • •••
20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31.
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I. Explanation of Ethiopian Cale11dar Dates ... • • • • • • • • • • • • II. Implied Repeals a11d Ame11dments in tl1e Co11soliclated Lalvs ... III. List of Implied Repeals of Enti�e Laws IV. List of Obsolete Laws • • • . .. . . . . • • • • • • • • • • • • • • • • • • V. List of Treaty and Loan Procla1-1ations • • • • • • • • • • • • • • e•
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A. B. C. D. E. F. G. H.
Corrige11da ••• • •• ••• • •• ••• Decrees • • • • • • • • • • • • • • • . .. Ge11eral Notices • • • • • • • • • • • • Legal Notices • • • • • • • • • • • • • • • Notices • • • • • • • • • • • • • • • • • • Notices of Parliamentary Action •• • Orders ••• • •• ••• ••• ••• Proclan1atio11s • • • • • • • • • • • • • •
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NOTE:- For llp-to-date inforrnation and Texts of Laws, se e th e Latest Suppleme11t to the Co11solidated La}VS. •
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TABIJE OF CONTENTS Subject or Title of Law and Citation
Legislative 1-Iistory of La,v
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VOLUME II Section 20 PUBLIC WORKS AND POWER A. Government Construction l. Regt1latio11 of Gover11111ent Constrt1ction 24/5 (1964) 0. 38
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2. Government Co11str11ctio11 Regulations 24/19 (1965) L. 307
J1nJJ/. a111d. 25/23 (1966) 0. 46 ... 630
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25/23 (1966) 0. 46 . .. 629
B. Highways 3. In1perial Highway AL1thority 10/5 (1951) P. 115
Ext. to Eritrea 12/2 (1952) P. 129; corr. 14/1 (1954) C. 35 (Amharic 011ly); inipl. a111cl. Rev. Const. 15/2 (1955) P. 149, Civ. C. 19/ 1 Ex. 2 (1960), 25/23 (1966) 0. 46 ... 636 C. Power
4. Electricity 1/6 (1942) P. 20
Amd. 4/9 (1945) P. 76; in1pl. Amel Pe11. C. 16/Ex. 1 (1957) ... 639
5. Ethiopian Electric Light and Power Authority 15/5 (1956) G. 213
Amd. 18/13 (1959) P. 162; See also Civ. C. 19/Ex. 2 (1960) ... ... ... 640 Arts. 1460-1488. Section 21
TRANSPORTATION AND COMMUNICATIONS •
A. Aviation
1. Civil Aviation Order 21/17 (1962) 0. 25
I,npl. amd. 25/23 (1966) 0. 46 ... 644
2. Civil Aviation Decree 21/17 (1962) D. 48
App. 22/9 (1963) N.A. 8; imp!. amd. 25/23 (1966) 0. 46. ... ... 645 ••
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L.ws
Title of Law and Citation
OF ETHJOPIA
Page
Legislative History
3. Registration of Aircra.ft Regulations 24/18 (1965) L. 306
[111pl. a1nd.
25/23 (1966) 0. 46. ... 648
B. Land Transport 4. Road Travel and Transport 27/6 (1967) P. 256
Corr. 27/13 (1968) C. 67, 28/9
(1969) C. 69 (Englisl1 only). . . . 652
5. Vel1icle Size and. Weight Regulations 22/2 (1962) L. 261
Corr. 22/9 (1963) C. 48; a111c!.
23/5 (1963) L. 279, 23/23 (1964) L. 292; i111pl. a111d. 25/23 (1966) 0. 46 ... . . . .. . . . . ... ... 662
6. Transport (An1endment) Reg11lations 23/5 (1963) L. 279
Corr. 23/6 (1963) C. 51; a111c!.
23/20 (1964) L. 290, 28/9 (1969) L. 361; i111pl. a111cl. 25/23 (1966) 0. 46. .. . .. . . .. . .. ... ... 668
7. Road Travel (Co11firmation of Validity Regt11ations) 27/ 10 ( I 968) L. 335 ... . .. ... · · · · · · · · · · · · · ·· · · . 8. Motor Vel1icJe arid Trailer (Ide11tificatio11 Registration and Inspection) Regtilations 28/9 (1969) L. 360 .. . ... · · · ·· · · · · · · · · ·· · · · · ·· 9. Roacl Traffic (Speed Lin1it) Reg11Iations 28/9 (1969) L. 361 ... . .. ••• • •• ••• ··· ··· ... ... IO. Motor Vehicle Operators (Lice11ce) Regulations 28/9 (I 969) L. 362 ... . .. ••• • •• • •• .. . · · · • • • • • • I I . Road Travel (Delegatio n of A11thority) Regulations 28/10 (1969) L. 363 ... ... • • • • • • • • • • • • ••• ••• • •• 12. Special Con1n1ercial Registration RegulatiVeliicle on 28/2 I ( I 969) L. 370 .. . ... ••• •• • ••• ••• · ·· 13· Road Transport Aciministration (CAorr . �2/13 Order (1968) h 27/6 (1967) 0. 49 m ar1c 011ly). .. . I
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TABLE OF CONTENTS
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Title of Lalv and Citation
Legislati,1 e 1Iistory
Page
Section 22 POSTS, TELEGRAPI-IS AND TELEPHONES
I. Post Office 25/22 (1966) P. 240 ... ... • • 2. Postal Rates Regt1latio11s 21/2 (1961) L. 245 3. Postal Rates Reg11latio11s 25/22 (1966) L. 319 ... • 4. I1nperial Board of Telecon1111t1nications 12/5 (1952) P. 131 •
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Corr. 12/7 (1952) C. 31 (Amharic 011ly); a,ncl. 19/10 (1960) P. 170, 26/11 (1967) P. 246; impl. amd. Civ. C. 19/Ex. 2 (1960) ... ... 778 /l111d. 4/9 (1945) P. ·76; imp!. a11,zd. Pe11. C. 16/Ex. 1 (1957) ... 784 A1ncl. 4/9 (1945) P. 76; imp!. a,nd. 12/5 (1952) P. 131, Pe11. C. 16/ .. . ... ... ... 785 Ex. 1 (1957).
Section 23 COMMERCE AND INDUS'l'RY A. Commercial Law (Generally) 1. Commercial Code Proclamation* •• • 19/8 (1960) P. 166 ••• ·:· ... ... ... • • • • • • • • •• ••• ••• 787 2. Business Enterprises Registratio11 Orig. 17/4 (1957) D. 27; amd. 21/3 (1961) P. 184 and renuni. 21/3 (1961) P. 184 ... 787 •
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B. Certain Export and Import Controls 3. Export Control Amd. 4/9 (1945) P. 76 imp/. am.d. Pen. C. 16/Ex. 1 (1957); See 1/3 (1942) P. 15 also 3/4 (1943) P. 43, 25 Consol. L. Eth. 1, 25/7 (1966) P. 229, 29 Consol. L. Eth. 1 . .. ... 792 4. Civet (Export) Regt1lations • • •• ... ... .. . 7 9 2 •• • 21/4 (1961) L. 246 ... . .. • • • • • • • • • Ext. to Eritrea 12/2 (1952) P. 128; 5. Dangerous Drugs amd 4/9 (1945) P. 76; imp/. 2/1 (1942) P. 24 amd. Pen. C. 16/Ex. 1 (1957) . .. 795 ••
6. Unfair Traee Practices 24/19 (1965) P. 228
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* The Code pi:oclaimed by the Proclamation is not printed in the Consolidated Laws fer reasons stated in the i1ntroduction at p. x·xxvii. - JK-
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L.\WS
OF ET£-IIOPJA
Page
Legislative History
Title of Law and Citation
28/7 (A) (I969) L. 358 (A); si1spenclecl 28/14 (1969) L. 366 ...
800
28/7 (A) ( 1969) L. 358 (A); si1s11ended 28/14 (1969) L. 366 ...
803
A111d.
7. Petroleum Prodt1cts Decl1:1ratio11 and Price Co11trol Reg11lations 24/3 (1964) L. 298
A111d.
8. Price Control (Imported Goods) Regulations No. 1 28/7 (1969) L. 355
An,,cf. 28/7 (A) (1969) L. 358 (A); suspe11decl 28/14 (1969) L. 366 ... 805
9. Price Control (1111 ported Goods) Regulations No. 2 28/7 (1969) L. 356 10. Price Control (Locally Mant1factured Goods) Regulatio11s No. 1 28/7 (1969) L. 357
Ar,1d. 28/7 (A) (1969) L. 358 (A); sitspe11ded 28/14 (1969) L. 366 ...
11. Price Control (Locally Mant1fact11red G·oods) Regt1latio11s No. 2 28/7 (1969) L. 358
r.l111d.
12. Price Control St1s1Jension Regu1atio11s 28/14 (I 969) L. 366 . . . ...
806
28/7 (A) (1969) L. 358(A); si1spe11decl 28/14 (1969) L. 366 .. . 810
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D. Ser� Iron 13. Scrap Iron Board 13/4 (1953) G. 168
A,nd. 19/11 (1960) G. 268; i111p/. a,nd. 25/23 (1966) 0. 46. . . . . .. 811
E.· Tobacco, Matches, and Pocket Lighters 14. Tobacco Regie (Creatio11 of State Tobacco Monopoly) 2/2S (1942) P. 30
15. Tobacco Growing and Leaf Purchasing Regt1latio11s 4/5 (1945) L. 70 .. . . . . .. . 16. Tobacco Regie Regt1lations 19/4 (1960) L. 227
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4/9 (1945) P. 76, 17/3 (1957) D. 24 as app. 19/4 (1960) N.A. 2, 19/I (1959) D. 37 as a111d. a11d renu,1-1. 21/3 (1961) P. 182; in·ipl. a,nd. Pen. C. 16/Ex. 1 (1957) ... 814 A111d.
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TABLE OF CONTENTS
Title of Law and Citation
Legislative llistory
Page
F. Standard Time, Holidays and Weights 17. Adoption of New Standard Time 1/6 (1942) G. 6 ... ... ... . .. ...
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Section 24
AGRICUITURE A. Farm Animals and Animal Products I. Control of Cattle Diseases 14/9 (1955) P. 147
Amd. 20/9 (1961) P. 171. ... ... 832
2. Control of Animal Diseases 20/9 (1961) P. 171 ... ... ... . ..
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3. Livestock and Meat Board Order 23/13 (1964) 0. 34
Corr 23/14 (1964) C. 55. ... ... 838
4. Livestock and Meat Board 23/13 (1964) P. 212
Corr. 23/24 (1964) C. 58 (English only). ... ... ... ... 842
5. Livestock and Meat Board Fees Regulations 23/19 (1964) L. 289
Corr. 23/24 (1964) C. 57 (English only). .. . ... ... . .. 846
6. Livestock and Meat Board Export Per1nit Regulations 28/8 (1969) L. 359 ... ...
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B. Grain 7. Control of Flour Mills 3/6 (1944) P. 48
Amd. 4/9 (1945) P. 76; impl. amd. Pen. C. 16/Ex. 1 (1957) ... 848
8. Ethiopian Grain Boaid 9/9 (1950) P. 113
Ext. to Eritrea 12/2 (1952) P. 128; amd. 17/4 (1957) D. 30 as app. 19/5 (1960) N.A. 4; imp!. amd. 10/7 (1951) P. 116, 22/20 (1903) 850 P. 206, Pen. C. 16/Ex. 1 (1�57) ••L
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9. Grai11 Board Reg11latiot1s 10/12 (1951) L. 158 ... ... ... ... 10. Ethiopian Grain Corporatio11 19/8 (1960) 6. 267
12. 13. 14. 15. 16.
Page
Legislative 1-:listory
Title of Law and Citation
11.
OF ETI-IJOPlA
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... 852
An1cl. 23/16 (1964) 0. 35, 27/20 (1968) o. 33. . .. ...
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C. Coffee Ext. to Eritrea 12/2 (1952) P. 128; Coffee (Cleaning a11d Gradi11g) corr. 11/6 (1952) C. 28; a111d. 11 /5 (1952) P. 121 17/4 (1957) D. 29 as app. 19/5 (1960) N.A. 3; i1npl. a,nd. Pen C. I 6/Ex. 1 (1957). .. . ... . .. 863 I1npl. a111d. Pen. C. 16/Ex. 1 Coffee (Cleani11g a11d Grading) (1957). . . . ... ... ... . . . . .. 865 Regt1lations 18/5 (1959) L. 219 Orig. 17 /4 (1957) D. 28, a111d. Natio11al Coffee Board and re11i1111. 21/1 (1961) P. 178; 21/1 (1961) P. 178 i111pl. arr1d. 22/20 (1963) P. 206 ... 869 Natio11al Coffee Board Trade A11thorizatio11 26/4 (1966) L. 323 ... ... ... . .. • • • • • • • • • • • • • • • • • • • • • • • • 873 .rime!. 26/4 (1966) L. 324; i1npl. National Coffee Board a111d. 25/23 (1966) 0. 46. ... ... 874 Regulations 18/5 (1959) L. 218 Coffee Certificates of Origin Regt11atio11s 25/1 (1965) L. 308 ... ... • • • • • • • • • ·· · · · · . . . . . . . . . . . . . . . 8 80 D. Ribber
17. Ra\v Rubber (Prod11ction) Organization 3/6 (1944) P. 47
I,npl. a111cl. 5/10 (1946) D. 6,
Rev. Const. 15/2 (1955) P. 149; Civ. C. 19/Ex. 2 (1960). .. . . .. 885
E. Re5earch 18. I11stitute of Agric11ltural Research ln1pl. a1r1d. 25/23 (1966) o. 46 .. . 888 25/8 (1966) o. 42 Sectim 25
MINING AND CONSERVATION A. Mini11g I. Prohibition of ExiJort (Gold, Silver and Platinlim) 3/4 (1943) P. 43
Ext. to Eritrea 12/2 (1952) P. 128; an 7d. 4/9 (1945) p · 76., 111 • 1]) /. a,11d. P e11. C . 16/Ex. I (1957) .. . 893 - XU. -
TABLE OF CONTENTS
Title of Law and Citation
Legislative History
Page
Ar11cl. 4/9 (1945) P. 76; i111pl. c.·n1d. Pe11. C. 16/Ex. 1 ( 1957) ... 894
2. Co11trol of Traosactio11s in a11d concerning Gold a11d Platint1m 3/11 (1944) P. 67
B. Wild life 3. Preservatio11 of Game 3/9 (1944) P. 61
A.md. 4/9 (1945) P. 76; in1pl. an1d. Pe11. C. 16/Ex. 1 (1957) ... 896 C. Forests
4. State Forest
24/17 (1965) P. 225
•••
• ••
5. Private Forests Co11servation 24/17 (1965) P. 226 ... ...
••
897
•
• ••
901
••
•••
905
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• ••
• ••
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•••
•• •
••
• ••
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••
••
•
•
•
6. Protective Forests
24/17 (1965) P. 227
•••
•••
• • •
• • t
• • I
• • •
• I •
• • •
• • ■
• • •
•
7. Protection of Private Forest
Regulations
28/1 (1968) L. 343
.. .
.. .
.. . . ..
. .. ... . .. . .. ... . ..
... ... 909
8. Protection of State Forests
Regulations
28/1 (1968) L. 344
... ...
... ... ... ... . .. ... . . . ... ... ··· 910
9. Explotiation of State Forests
Regulations
28/1 (1968) L. 345
.. .
. .. ... ... . .. . . .
... ... ... ... ..· ··· 912
10. Exploitatjon of Private Forests
Regulations
28/1 (1968) L. 346
... ... ...
... ...
.. .
··· ··· ··· ··· ··· ··· 914
11. Management of Protective Forests
Regulations
28/1 (1968) L. 347
.. . .. .
. ..
· · · ·.. · ··
· · · ··· · · ·
·· ·
· ·· ··· 916
12. Establishment of Community
Forests Regulations 28/1 (1968) L. 348 .. . ·.. ·· · ·· · 13. Powers of Rangers Regulations 28/1 (1968) L. 349 • • • • • • • • • • • •
• ••
•••
•••
•• •
•••
•••
• ••
•••
918
• ••
• ••
•••
•••
•••
•• •
•••
•••
919
...
...
...
...
...
...
...
�21
14. Powers of Forest Guards
Regl[lations
28/1 (1968) L. 350
. .. . ·· · ··
• • •
• ••
• I•
- X!lllJ. -
CONSOLIDATED "_,AWS OF ETHIOPIA
Title of Law and Citation
Legislative I-listory
15. Trade of Saw Logs and Veneer J..ogs Reg11Jations 28/ I (1968) L. 351 • • • • • • . . . . ' .
...
•••
• ••
•• •
.
Page
.. . ...
. ..
. . . 9 22
• ••
•••
... 925
D. Parks I 6. Awash National Park 28/4 (1969) 0. 54 ... ... ... . . ... ...
· .. ...
•• •
Section 26
LAND REFORIVI AND ADMINISTllATION I. Co11cessior1s to Commemorate tl1e 25tl1 Anniversary of His Imperial Majesty's Coronatio11 16/4 (1956) G. 221
/11111I.
an1d. 22/20 (1963) P. 206...
926
Sect.on 27
COMM.UNITY DEVELOPIVIENT AND SOCIAL AFFAIRS Corr. 16/6 (1957) C. 37 (Englisl1 only); i111pl. a111d: 23/10 (1964) 0. 33, 25/23 (1966) 0. 46 ... ...
1. Establjshme11t of Board of National Community Development 16/5 (1957) 0. 16 2. Co-operative Societies 25/24 (1966) P. 241 ...
••
•
3. Co-operative Societies Regt1latiot1s 27/1 I (1968) L. 337 ... ...
•••
I t t
• ••
t ,o
. .. 928
•• •
• ••
•••
•••
•••
•••
•••
929
···
· ··
·· ·
· ··
·.·
... ... . ..
947
•• •
Section 28
LABOUR I. Slavery (Abolition) 1/6 (1942) P. 22
Imp!. cr111cl. Pen. C. 16/Ex. I (1957). ... . .. . .. ... ... . .. 959
2. Public Employment Administra tion 21/18 (1962) 0. 26
l1np/.
3. Public En1ployment Administra tion Regt1lations No. I 22/5 (1962) L. 267 4. Public Employme11t Administra tion Reg11lations No. 2 25/24 (1966) L. 320 ... ... ...
c1111d.
25/23 (1966) 0. 46 ... 960
l111pl. a111cl. 25/23 (1966) 0. 46 ...
•••
•••
- XlV -
•
••
•
••
•
••
•••
•••
•• •
...
966
966
TABLE OF Col�TEN'fS
Title of Law and Citation
Page
Legislative History
5. Foreign Natio11als En1ployn1ent Reg11lat.ions 23/25 (1964) L. 295
Jn,,pf. ct111cl. 25/23 (1966) 0. 46 ...
967
6. Labo11r Relatio11s 23/3 (1963) P. 210
Orig. 21/18 (1962) D.49; amd. and reni111i. 23/3 (1963) P. 210; corr. 24/5 (1964) C. 59; in11;l. anid. 25/23 (I 966) 0. 46 ... ... . ..
971
7. Minimum Labo11r Co11ditions Regiilations 24/5 (1964) L. 302
Corr. 24/8 (1965) C. 60; imp!. anicl. 25/23 (1966) 0. 46 . .. ...
986
8. Labo11r Ins_pectio11 Service 24/4 (1964) 0. 37
l,11pl. an1cl. 25/23 (1966) 0. 46 ...
991
9. Labour Standards 25/13 (1966) P. 232
• ••
•••
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•• •
•••
•• •
•••
•••
•••
•• •
• ••
•
••
993
Section 29
EDUCATION, FINE ARTS AND ANTIQUITIES 1. Antiquities 25/7 (1966) P. 229
26/15 (1967) C. 63 (English only); imp!. amd. 25/2 (1966) 0. 46 ... ... ... ... ... ... 1002
2. Ethiopian Antiquities Administration 25/17 (1966) 0. 45
1':;orr. 26/15 (1967) C. 64 (English only). .. . ... .. . ... 1004
3. Board of Education and Fine Arts 7/3 (1947) 0. 3
!1npl. amd. 25/9B (1966) 0. 43 .. . ... ... ... ... ... 1007
Corr.
4. Education Expenditure 7/3 (1947) P. 95
... ... ... ... ... ... ... ...
5. Haile Selassie I University Charter 20/8 (1961) G. 284 ... ... ... ..·
··· ··· ·· ·
···
...
... ... ...
·· ·
· ·· ··· ··· 1010
1008
6. University of Asmara Charter 27/19 (1968) 0. 52 ... ... ... ... ... ... ... ... ... ... ... ... 1019 7. Natjonal Commission for Unesco 28/5 ( 1969) 0. 55 ... .. . ... · · · ··· · · · 8. Cen.tre f@r Management Training 28/19 (1969) 0. 58 ... ... ..· ... ·· · ..· -- �v -
· · · · · · · · · ··· · · · · · · •••
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• ••
•• •
THIOPIA E F O S W A L ED AT ID L SO N O C
Page
·Legislative 1-Iistory
Title of La,v and Citation
9. National Co1nn1ission for Ed t1cation 28/18 (1969) 0. 57 ... ... . .. ... . . . .· ·
···
···
···
···
···
· · · I 037
Section 30 PUBLIC I-IEALTI-1
I . Ce11 tral Medical Stores Cor1)oration 6/2 (1946) G. 76
20/6 (1960) G. 280; i111pl. a111d. Con1ro. C. 19/Ex. 3 (1960). ... . .. ... ... ... 1040
2. P t1blic I Iealth 2/2 (1942) P. 26
,4111d.
A111d.
9/5 (1950) P. III, 10/12 (1951) P. 119; i1111J!. a111d. 7/7 (1948) 0. 4, Pe1J. C. 16/Ex. 1 (1957), 25/9B (1966) 0. 43 ... 1046 A111d.
3. P t1blic I-Iealtl1 6/12 (1947) P. 91
4. PubJjc Healtl1 Rules 2/1 I (1943) L. 25
6/12 (1947) P. 91 ... ... 1045
1053
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5. Rabies (Co11trol) Rules 2/1 I (1943) L. 26... . ..
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• ••
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• ••
... ... I 054
•••
7/7 ( 1948) 0. 4, Pen. C. 16/Ex. I (1957). ... ... 1055
6. Qt1ara11ti11e Rt1Ies 7 /1 (1947) L. 104
f111JJ/.
7. M t111icipal Pt1blic I-Iealtl1 Rules 10/1 (1950) L. 145 . .. ... ...
•• •
• ••
8. lvlt1nicipal Public Healtl1 Rt1les (Water Rt1les) 10/1 (1950) L. 146 ... ... ...
• ••
• ••
9. M11nicipal Pt1blic Health Rt1les (Food Rttles) 10/1 (1950) L. 147 ... ... ... . . ... 10. Mu11icipal P t1blic I-Iealtl1 R ttles (Ref t1se Rt1les) 10/1 (1950) L. 148 . . . .. . ... • • • • • 11. Mt1nicipal Public I-Iealtl1 R tiles (Vacci11ation Rt1les) 10/1 (1950) L. 149 .. . ... • ••
• ••
•• •
••
G/1'1(/.
... ...
.. ..
. .. . .. 1060
•
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·. . . . . .. . . .. 1061
• ••
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1062
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1064
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···
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...
. • . J 064
- XVI •'
1
TABLE OF CONTENTS
Title of Law and Citation
Legislative I-Iistory
Page
I 2. M·u11.icipal P11 bl.ic Healt11 R t1les (Dis1Josal of Dead Boclies Rules) 10/1 (1950) L. 150 ... ... ... ... . . . . . . . . •• ... 1065 I 3. Ve11ereal D.isease R11les J,nJJ!. ar11cl. Pe11. C. 16/Ex. 1 I 0/3 (1950) L. 151 (1957). . .. ... ... ... ... ... 1066 14. Public Healtl1 R11les (Con1m1111icable Diseases Rules) 10/12 (1951) L. 156 ... ... ... ... 1068 15. 1v1 unicipal Sanitatio11 Rt1 les 10/12 (1951) L. 157 ... ... • • •• 1072 16. Pharn1ocopeia ln1JJ/. an-,d. 7/7 (I 948) 7/2 (1947) D. 9 0. 4 . . . ... ... .. . . .. ... 1072 17. 1vledical Practitioners' J,11.pl. a,rzd. Pe11. C. 16/Ex I Registration ([957). ... ... ... ... ... ... 1073 8/1 (1948) P. 100 '
•
•
I I •
I O I
I I I
I
I
I
I i
I
I
I
I
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•••
•• •
•
I I I
I I
I I I
I I I
♦ I I
I
I I I
I I I
I
I
I
I
I
I
I
I
I
18. Pharmacy Regulatio11s 23/18 (1964) L. 288
An1d. 24/11 (1965) L. 305 . . . 1078
19. Malaria Eradicatio11 18/6 (1959) 0. 22*
lvnp/. amd. 21/3 (1961) 0. 23 ... 1095
20. Administration of Healtl1 Tax 19/11 (1960) 0. 22*
Amd. 22/22 (1963) 0. 31
•• •
• ••
1098
Section 31
CHURCH AFFAffiS l. Church Adrninistratio11 Regulations 2/3 (1942) D. 2 ... ... ... ... ... ...
2. Regulations for the Establishment of Missions
3/12 (1944) D. 3 .. . ... ... .. . · · ·
··
... ... ... ... ... ... .. . 1100
I I I
I I
I I I
I I I
I I I
I I I
I I I
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•
I
I I
I
♦ I I
I I
I
3. Church Administration
26/9 (1967) 0. 48 .. . .. .
•••
•••
4. Definition of the Powers and Duties of the General Manager Regulations 28/11 ( 1969) L. 364 . . . . . · · · ·
I
1 I I
I +
••
• ••
•
I I I
•••
••
* Due to an error in numbering, two Orders bear the D'Umber 22. ••
- XVll -
I I I
I I I
I I I
1103 1105
. .. ... ... 1107
CONSOLIDATED LAWS OF ETHIOPIA
Page
Legislative History
Title of La,v and Citation
Section 32
MISCELLANEOUS PRIVATE Cl-lARTERED BODIES 1. Chamber of Con1merce 6/8 (1947) G • 90 • • • • • •
•• •
•••
. .. ... ...
•••
. . . .. .
...
...
. . . 1109
2. Ethiopian Red Cross Society 7/2 (1947) G. 99
/1npl. a,nd. 7/7 (1948) 0. 54, 13/3 (1953) 0. 11 ... ... .. . 1112
3. National Etl1iopia11 Sports Confederatio11 8/2 (1948) G. 111
In1pl. a,nd. 22/20 (1963) P. 206, 22/20 (1963) 0. 30 ... ... ... 1118
4. Imperial Ethiopia11 Aero Cl11b 9/10 (1950) G. 133
J,npl. a,1-1d. 21/17 (1962) 0. 25 ... 1121
5. Boy Scout Associatio11 of Ethiopia 9/11 (1950) G·. 135 ... ... ... ... 6. Establishmet1t of You11g Men's Cl1ristiat1 Association of Ethiopia 10/6 (1951) 0. 5 ... ... ... ... ... 7. Constitt1tio11 of Yot1ng Men's Cl1ristian Association of Ethiopia 10/6 (1951) N. 10* 8. Ethiopian Won1en's Welfare Associatio11 13/5 (1953) G. 169
...
... ... ... ... ... ... ... 1122
•••
• ••
... .. .
... I I 23
A111cl. 21/3 (1961) P. 179 ...
... 1124
A111cl.
9. Society for tl1e Protection of Animals 14/2 (1954) G. 187 IO. Ethiopian Horse Racing Club 17/6 (1957) G. 230 ... ... .. . ...
•••
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•••
21/3 (1961) P. 179 ... ... 1132
An1d. 21/3 (I 961) P. 179 . ..
... 1136
•••
... 114 4
•••
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•••
•••
•••
• ••
11. Me11elik II Memorial F1111d 17/5 (1957) G. 229
A111cl. 19/7 (1960) G. 263. See also 18/11 (1959) G. 253, 32 Co11sol. L. Etlz. 12. .. . ... . .. 1147
12. Haile Selassie I Foundatio11 18/11 (1959) G. 253
19/6 (1960) G. 261; i,11pt. a111cl. 19/7 (1960) G. 263, 20/8 (1961) G. 284, 22/20 (1963) P. 207, 25/23 (1966) O. 46. .. . 1152 A111cl.
,:, Due to an error in 11u.n1bering, t,vo Notices I1ave bee11 lltttnbered lO. . ..
-- XVlll -
TABLE OF CONTENTS "'
1 itle of La°\'v a11d Citation
Page
Legislati,1e I-Iistory Section 33
AWARDS, 1-IONOURS AND MEDALS 1. 1936-1941 Ca111paig11 Medals 4/3 (1944) D. 4
.4rncl. 11/6 (1952) D. 11 as corr. l 1/6 (1952) C. 29 (Amharic 011ly) ... . .. ... . .. .. . . .. 1173
2. A \Vard of Decoratio11 to tl1 e Colo11rs of tl1e Grand Ar111y 4/5 (1945) D. 5 ... ... ... ... ... .. . 3. Regl11ations Governi11g Meclals 11/6 (1952) D. 10
...
...
...
...
...
...
. . . 117 5
Corr. 11/6 (1952) C. 29; amd. 11/7 (1952) D. 13, 11/10 (1952) D. 14, 16/10 (1957) G. 225, l6/14 (1957) D. 21, 17/11 (1958) G. 23 8 ... .. . ... ... ... .. . 1176
4. Memorial Medal of Korean War ... ... ... ... J 1/7 (1952) D. 12
•• •
•••
•••
•••
•••
•••
•••
•••
1179
5. Insignia 13/14 (1954) D. 15
•• •
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1180
6. Police Medal 16/14 (1957) D. 21
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1187
•
- XIX -
A111c/. An·1s. AJJp. Art.
C. Chap. Civ. C. Civ. Pro. C. Comm. C. Cont'd. Consol. L. A.A. Co11sol. L. Et/1. Corr. Crim. Pro. C. Ct. D. E.C.
Eff.
Ex.
Ext. Fn. G.
G.C.
In1p. /1111)!. {l/'17d. /111pl. a111s. I111pl. repel. In111l. reps. J. Et/1. L. Mariti111e C. N. N.A. N.D. Neg. Gaz. 0. Orig. P. Pen. C. Para. Pt. Re111,1m. Re11cl. Re11s· Rev. Co11st. S. Scl1ed. Sec. SUJ). Vol.
ABBREVIATIONS /-u11ended by An1e11ds /1.pproved by Parlian1e11t Article Corrigend11ro CL1apter Civil Code Civil Proced11re Code (of 1965) Con1mercial Code Co11ti1111ed
Co11solidated Legislatiotz of Aclclis Ababa Co11so/iclared La�vs of Etl,iopia Corrected by Criroi11al Proced11re Code (of 1961) Court Decree Ethiopia11 Cale11dar Effective as of E'xtraordi11ary Issue of the 1'legarit Gazeta Fxte11ded Footnote Ce11eral Notice Cregoria11 Cale11dar ln1perial I1opliedly a1ne□.ded by Impliedly amends Impliedly repealed b)' In1pliedly repeals Joi1rnc1l of Et/1io11ian LaH, Mariti1ne Code Notice Notice of Approval (by Parlian1ent) Notice of DisapJ)roval (by Parlia1ne11t) 1'-iegarit Gazeta. Crder Crigi11ally appeared as Procla1nation Tonal Code Paragrapl1 P1rt Renumbered as l<.epealed by P-.e1)eals Revised Constit11tio11 of 1955 Suppleme11t &l1edt11e Section &1pren1e \io]11me
-xx-
20-1
Section ZO
PUBLIC WORKS AND POWER A. G·overnn1ent Co11str11ction 24 / s C 1964) o.38:jc AN ORDER TO PROVIDE FOR TI-IE REGULATION OF GOVERNMENT CONSTRUCTION
CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELLA.SSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS, tl1e Ministers (Definition cf Power) Order, 1943 (No. 1 of 1943) vests i n Our Minister of Public Works (hereinafter the ''Minister'') responsibility for the supervision of co11strt1ction contract5 entered into by other Ministries of Our Govem.n1ent; · and WHEREAS, it has become necessary t() set forth more precisely the nature and extent of such supervision and the ,manner in whioh this responsibility shall be discharged; NOW, THEREFORE, in accordance wlth Article 27 of Our Revised Consti tution and on the advice of Our Council of 1\.linisters, We hereby order as follows: CONSOLIDATICN NOTE Imp/. amd. 25 /23 (1966) 0.46 Art. 2 (22), 3 Consol. L. Etlz. 1-2 (22), (splitting the forn1er Ministry of Public Works and Comn1unic.ations into two separate Ministries).
1. This Order may be cited as the ''Regulation of Government Construction Order, 1964''. 2. This Order shall apply to all ministries of Our Government, and to all other Government departments, autonomous agencies and institutions and Public Authorities which receive financial support from Our Government's annual budget. 3. No Ministry, Government departmeat, autonomous a:gency or instiution or Public Authority shall carry out a.ny construction activity ·except in accordance with procedu.res established from time to time by the Mini�ter. 4. Government departments, autonomous agencies and institutions, and Pu blic Authorities excluded from the coverage of this Order by reason of the provi sions of Article 2 h.ereof shall nonetheless b, required to furnish to the Minister prior to commencing construction such tnfornat�on as he may from time to time specify. * INTRODUCT01RY FQO!fNOTE Tmpl. amd. 25 /23 (1966) 0.46.
20-1,2
PIA IO H T E F O S W A L D E T CONSOLIDA
ted na sig de die bo de clu s · ·, ex ion cis de · e iv t· ra t:,t m m ad 5. The Minister may by from the application of tllis Order. . g t · ou ym rr of the ca r tte . . be e tl1 r fo ns io at gul re ue 6. The Minister may iss provisions of this Order. n io at ic in bl e pu th its of te da e th on e rc ) f to in , 7. This Order shall enter Negarit Gazetta. . 64 19 r, be em ec D of day th 30 is th ba e is ba Don at Add A 24 / 19 (1965) L. 307*
REGULATIONS ISSUED PURSUANT TO 'I'HE REGULATIONS OF GOVERNMENT CONSfRUCTION ·ORDER, 1964 I. Issuing A utl1ority : . . . ,. ks pursuant to Wor lic Pub of 1ster: M1n These Regulations are issued by tl1e authority vested in him by Article 6 cf the Regulation of Government Construc tion Order, 1964 (Order No. 38 of 1964) (11ereinafter the ''Order''). CONSOLIDATION NOTE Imp/. amd. 25/23 (1966) 0.46 Art. 2 (22), 3 Consol. L. Eth. 1-2. (22), (splitting the former
Ministry of Public Works and Communications into two separate Ministries).
2. Short Title. These Regulations May be cited as the ''Government Construction Regu lations, 1965''.
3. Defiriitions. As used herein, the following terms shall have the rneanings set forth below: (1) ''Commission for the Review of Tenders for Construction'' shall mean
the Com1nission referred tc in Article 10 l1ereof;
(2) ''Construction Contract'' sliall mean the contract executed with the bidder chosen to construct the Construction Project;
(3) ''Construction Project'' shall. mean any new construction or the trans formation, extension or large-scale repair of existing construction;
concluded between (4) ''Consulting Agreement'' shall mean an aoreen1e11t 0 �e M jnistry an� tecli:1:1ical experts for the rendering of specialised ser vices m connect1011 w1tl1 ary pl1ase of the Construction Project;
(5) ' :Contra�tor'' �·hall mean th� bidder cl1osen to construct the Construe� t1on ProJect with whom the Construction Co11tract is executed; * INTRODUCTORY FOOTNOTE
Imp/. amd. 25/23 (1966) 0.46.
-630 -
20-2
PUBLIC· WORKS AND POWER •
(6) ''Final Project'' shall mean tl1e fnal description of tl1e Constn1ction Projec� agreed· between the Minis:ry. and. the Subject At1thority;
•
(7) ''Governn1ent'' shall mean · tl1e In:perial Ethiopian Govemme11t; (8) ''Minister'' and ''Ministry'' sl1all nean the Minister and Ministry of
Public \\'orks respepctively and �l1all include Departn1ents and offi cials of. the Ministry specifically authorized to carry out activities and . exercise powers. conferred hereunder;
.. ·,
(9) ''Preliminary Programme'' shall mean ·the initial description of :the
.
Construction Project sub1nitted to tl1e Minister;
(10) ''Subject Authority'' shall incl11de tvery Ministry, Department, Agency
and Public Authority of the Governn1ent subject to aipplication of the Order and shall refer specifically �o the entity initiating an individual Construction Pruject;
(11) • ''Tender Documents'' shall mean all documents prep,Lred and distri
buted for the purpose of solicitin� bids for the actual construction of any Construction Project.
.. . .
CONSOLIDATIO:t\ NOTE
•
2 (22), 3 Car.sol-. L. Et/i. 1-2 (22), (former Ministry of ·· · Imp/. amd. 25 /23 (1966) 0.46 Art. . . Pµblic Works and Communications was split into two separate Ministries).
4. Scope of Applicat(on. (1) Every Subject Authoriity shall� in respect of �ny Construction Project
proposed to be undertaken by it, be bound by and follow the proce dures prescribed in these Regulations.
(2) Anything herein to the contrary notwithstanding, the Minister may,
for good cause, exempt any Subject Authority or any specific Cons truction Project from compliance, in whole or in part, with the provi sions hereof.
5. Preliniinary Programme.
•
Each Subject Authority proposing to undertake any Consti:uction Project shall submit to the Minister a Preliminary Frogramme containing· the following particulars: .. . . . . . .. .. ..
..
(1) . A general description of the Construction Projeot, including a state
. . .
. ..
inent· o:f the particular rieeds of the ·subject ·Authority ·and .tlie manner in which the Constnrction Project is· intended to satisfy · these ·needs; •
(2) � detailed stat• epient. of the . me�ru envis�ged for financing the Construction Project. .,,,. . , ..$-:"• _,..
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6. Preparati0n of t,he Ftnal Project.
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(l) Each Prelin1inary Programme shall be review_ed and the _ Final Proj ect prepared jointly by tl1e Ministry and the_ Subject_ Auth? r1ty. The Final Project sl1all contJain such furtl1er particulars, 1ncl�d1ng a s1:1mm�y description of the location, rough sket�hes and d� s1gns and f111anc1al documentation, as are necessary to provide the basis for further expert inves.tigatio11 of the Const1uction Project. (2) The Final Project shall be 1·he basis for the carrying out of any � urther investigation of the Const�uction Project and. for the �reparation . �f the tender documents. The Final Project shall be subJect to mod1fi catio11 at any time up to the co11clusion of the Co11struction Contract, il1 the manner provided in Article 11 hereof. 7. E11·1ploy11ierzt of Consultants. (1) Where approi)riate, at any time after the co111pletio11 of the Final Pro
ject, and i11 co1111ection witl 1 ru1y J)l1ase of tl1e Co11struction Project, the Mi1lister may conclude 011{ or more Co11sulting Agreen1ents with one or n1ore engi11eers, architec:s· or otl1er specialists providing for the per forma11ce of expert service� required in connection with :the Construc tion Project. The draft Consulting Agree1nent, which shall follow ge11era.lly a sta11dard form adopted by the Ministry, shall be endorsed by the St1bject Authority, and st1ch endorsen1ent shall bind the Subject At1thority to tl1e due and timely perforn1ance of all obligations imposed upon it tl1eret1nder and sl1all confirm the authority of the Ministry as its agent in connection the�with.
(2) The Minister may, wl1ere 1ppro,priate, order that the Consultants be
chosen by competitio11, at tl1e national or international level, i n accor dance with the conditions generally applicable to such competitions.
(3) The Minist11' s11a11 oversee :l1e performa11ce of tl1e services of any Con
sultant _e ���ged l1ereunder; provid�d, however, that the professional respons1b1l1t1es of the Co11.,ultant 1n tl1e performance of his services shall in no wa:y be dintinished thereby.
(4) Prior perfonnance of services at any phase of the carrying out of tlie Construction Project s-hall uot be dee111ed a condition for the employ� ment of Consultants for the perfor-mi11g of services at any later phase thereof. 8. Exa1ninatio11 and Endorsen1e11t of Te,zder Doci,,rze,1ts. Up �n completi �n of all tende� �oct1ments, they shall be examined jointly by the Subject Authority a11d the Ministry, and upon agreement being reached thereo11, shall be endorsed by the Subject Autl1ority and the Mitlistry. Such endor sement shall constitute approval of said docu111e11ts i11 tl1ose particulars which con �e � t�1e Subject At1t:hority and tl1e 11inistry, respectively, including, without 11111 tta t1on :
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At1tl1ority: tl1at saicl doct1ments satisfy its needs and j do �?� provide for a Co11str11ction Project exceeding its fi 11a11cial ca pabil1t1es;
(2) for tl1e Ministry: tl1at said clocume11ts provide for reasonable tech11i cal standards and techniqt1es of execution. CONSOLIDATION NOTE The Amharic version of this Article omits [l1e co11junctio11 "a11d" belween tl1e words "Subject Authority" and "Ministry".
9. Opening of Con11Jetition. (1) U,pon endorse1nent of tl1e te11der docuinents, the Ministry shall promp tly req11est the st1b1nissio11 of competitive bids for the construction of tl1e Construction Project a11d shill specify the conditions thereof, in cl11ding, wit, hou.t li111itatio11, tl1e use of such forms and compliance ,vith such conditio11s as the Mmstry 1nay deem most suitable. (2) The Minister may, where he deems such action appropriate, confine the bidding on a.11y Construction Project to a limited number of enter prises selected with reference to the nature and importa11ce of the Pro ject (or may decide to negotiate directly for the conclusion of a Cons truction Contract). (3) As a general rule, the Ministry sh.all, 011 conditions specified in the tender documents, leave to the competitors limited ,possibilities to pro pose variations, particularly witl1 respect to the proposed structure of the Construction Project and the quality and t1se of m.a.terials to be employed therein. 10. Receipt of Bids (I) All bids shall be submitted iJ1 sealed e11velopes to the Commission for the Review of Tenders for Construction appointed by the Minister. The Subject Authority and each bidder may be present at the opening of the bids. (2) Upon opening the bids, tl1e Co1nmission shall determine that they are complete and satisfy the requ.irements of the tender documents. The Commission may reject bids wtjch ,are incomplete or which fail to satisfy the substance or for1n of the requirements established by said tender documents. (3) The Bids accepted by tl1e Commission shall be examined by the Mini stry, togethe.r with a representative of the Commission designated by it and the Consultant, if any, engaged in connection with the Construc tion Project in question. Upon completion of said examination, the Ministry shall prepare a written report setting forth its conclusions and recommendations for presentation to the Commission by the desi gnated representative of said Com.mission and the Consultant, if any.
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Tl1e Subject Autl1ority may sit with the Commission du: ing t•l1e pre sentation and considerat ion of such report. The c oncJus1ons and re commendations of :tl1e Co1nn1ission, together with reasons explaining the same, shall· be promptly thereafter trans�itted to tl.1e Mini ster.
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(4) Prom1Jtly upon receipt and nview thereof,_ the Minister sl1all pr omu� gate the decision of the Conm.ussio11; p , rovided, however, :that the Mi nister may reject tl1e decision of the Commission and require furtl1er consideration of the bids accepted by the Commission. ..
11. Modificatio11 of the Final Projea Prior to Execution of the Construction
Contract. ,vhere, prior to the execution of a Constructio11 Contract, any m odification in the Final Project appears necessacy or c.dvisable for teclmical or financial reasons, the Ministry and the Subje·ct Authority shall proceed as follows: .
(1) Where tl1e Ministry desires tt.e Modification, it shall not ify the Subject Authority of· t, l1e pr oposed n1 o dification in a detailed memorandun1 setting out the reasons tber�for. Withi11 fifteen (15) d,ays following receipt of such mem orandurr, the St1bject Authority 1nay req_uest fur ther explanations on the proposed modification, and sl1all, within fif teen (15) days thereafter, i nf,)nn the Ministry in writi11g of its accep tance or rejection of said prop osed modifications. Failt1re by the Sub ject Authority to co1nply wi th the ·foregoing provis io ns shall constitute acceptance of the modi fication proposed by ·the Ministry. . (2) Where the Subject Authorit5 desires ;the modificati on· , it shall notify t11e Ministry of the prop osed modification in a detailed memorandum setting out the reasons therefo r. Witlun -thirty (30) days following re ceipt of such memorandt11n, the Ministry shall infom1 the Subject Authority of tl1e technical and financial consequences of t.l1e proposed modification. Within fifteen (15) days following receipt- of-. s11ch infor mation, the Subject A·uthoritfi shall i n writing either confii-n:i-' or' witl1draw .the proposed modificat:on. Where the Sttbject Autl1o rity fails to s !-1bmit any confirmation within such period. the proposed m o dification shall be deemed witlJ.drawn. 12. Pre1Jc1ration. and Execution of Construction Co,ztract.
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(1) 1:1- Coi:istruction Contract shaJ be prepared for each Constrt1ction Pro Ject, either by the Ministry u:.ilizing its own personnel, or by a Consul t �t .emplo yed by the Minister and acting under tlie supervi sion of the Mm1stry. (2) Tl1e draft Construc_tion Contract, wl1ich shall foll ow generally a stan �ard f orn1 adopt�d by the_ Mni �try, and its annexes, including, i n par _ ticular,_ any special adIDirust�ative and technical niles and conditions govermng �e performan �e . 1hereof,· shall be e11clorsed by autho rized representat1 ves of the M1rustr)' and the St1bject Authority with the same effect_ as endorsements made pt1rst1ant to Articles 7 (1) and 8 , hereof. - 634 -
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(3) All relevant rules, regulations, adn1irustrative and technical arrange1nents and requirements of ge11era: applicatio11, incl11ding the provisions of the Civil Code of 1960 relating to administrative contracts, shall govern Construction Contracts co11cluded p11rsuant · hereto. (4) Tl �e Constr11ction Contract shall be exec11ted by authorized represen tatives of the Ministry and the C)ntractor. CROSS REFERENCE Civ. C. 19/Ex.2 (1960) Arts. 3131 - 3306.
13. Perforrnance of Constructio11. Contract, Supervision by the Ministry. (1) Tl1e Ministry, the Contractor and J1js autho1·ized sub-contractors shall be the sole .persons charged with performance of the Construction Contract. (2) As ,a general rt1le, an Inspector shall be appointed by the Minister to act for the Ministry in s11pervising and controllit1g performance under the Co11struction Contract, and notice of said appointment shall be com.municated to the Subject Authority, to the Contractor· and to other interested persons. (3) During the period of performance of the Construction Contract, the Ministry and, in particular, the lmpector shall: (a) . direct and control the administration and technical· performance of the Construction Contract, whether by its own personnel or by a Consultant em.ployed by the Minister; (b) verify and endorse stateme1ts and invoices submitted by the Contractor and transmit same to the Subject Authority for payment as follows: (i) within fifteen (15) days following receipt of any statement or invoice, the Ministry shall either agree thereto and transmit same ,to the Subject Auth,Jrity or shall reject and return same to the Contractor with a vrritten explanation for such rejection; (ii) following receipt from the Ministry of any statement or invoice approved by the Ministry, the Subject Authority shall pay the same, in accordance with the tcrtns of the Construction Contract. (c) make provisional and final ac.ceptance of the construction, in the presence of the Subject Authority; provided, however, that during the period between provisional and final acceptance, the Ministry shall continue as herein pro,ided to direct and control all work required of the Contractor. (4) The control e�ericised by the Ministry here·under shall in no way affect or in any way diminish the profession.al responsibilities of the Contrac.. · tor in the performance of his obl�gations.
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. . 14. Pa)1111ent of Costs. . re he ry ist in M e th by ed rm rfo pe ol ntr co d an on isi The functjons of stiperv r pe ch su su to d ate rel es ns pe ex all d an y, st� ini M the by under shall be executed ed, vid pro et; dg bu n ow its of t ou y str ini M the by id pa be all sh vision and control of ce an rm rfo pe or ion rat pa pre the of t ot1 g sin ari however, tl1at all other expenses s ost n. s; fe s' 1t nsu co 7 n: tio ita � lirn � 11t ho vit � , ing lt1d iI1c t, any Co11struction Projec _ ns, tio 1ga est 1nv l soi gs, rm bo s, die stu al hic rap og top as: l1 suc d ns, of research an pla g costs, lin vel tra s; ent cum do of ion uct rod �ep ai1d s die stu ert is, exp y lys tor ana ora lab and other ex1)enses s11ch as costs of general surveys, expropriation costs and costs of indenulification attributable to said C'.onstruction Project shall, unless stipulated it1 the Construction Contract as Cl1a.rgeable to the Contractor, be borne by the Subject Authority. ., IS. Relc1tions of Subject Atttl1ority lvit/1. Co11sultants c1nd Co,itractors. In no case shall the St1bject Authority seek 011t or make -arrangement with any Consultant or Contractor responsible for tl1e 1:>erformance of services in con nection with any Constrt1ction Project :nitiated by it unless specifically so autho rized thereto by the Ministry, a11d no person otl1er tl1an t,hose specifically so autho rized by ,tl1e Mi11istry shall give any i11strt1ction or order to any such Consultant or Contractor. 16. li1et/1ocl of Enclorse1rie11t. All endorsements required. to be n1ade purst1a11t to the requirements hereof sl1all be signified by the initialli11g of the proper persons on each page of at least tl1ree (3) copies of every docu111e11t reqtired to be so endorsed. 17. lnter,ial Regttlations. The Ministry may, b)' internal 1egulation, provide in greater detail for any of the matters covered hereby, and said reg11Iations shall be binding upon all per s011s purported to be affected tl1ereby i!l accorda11ce with their terms. 18. Effective Date. Tl1ese Regulatio11s shall enter into force on tl1e .date of tl1eir publication . 111 tJ1e Negarit Gazeta. • Done a.t Addis Ababa this 3rd daJ of September, 1965.
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B. Highways 10/5 (1951) P. 115*
A PROCLAMATION 1'0 PROVIDE FOR THE CREATION OF THE IMPERIAL IDGHWAY AUTHORITY CONQUERING LION OF THE TRIBE OF JUDAH HAILE S3LLASSIE I ELECT OF GOD, El\1PEROf{ OF ETHIOPIA WHEREAS, it is Ot1r desire to inprove tl1e transportation system of Our En1pire; ancl * IN'fRODUCTORY FOOl'NOTE
E'.xt. to Eritrea 12/2 (1952) P. 129 Ar1 3 ' Corr. 14/ 1 (l954) C. 35 (Amharic only)· 0111d. npl. Rev. Con�t . . 15/2 (1955) P. 149·, Civ. C 19/Ex. 2 (1960), 25/23 (1966) o. it 46,
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WHEREAS, to acco1nplisl1 tl1i.s purpose We l1ave accepted the co-o ·peration of the Intematio11al Bai1k; for Reco11str11ctio11 and Develop111ent; a11cl Wl-IEREAS, to facilitate sucl1 co-01)eratio11 it is necessary to reorganize the administration of Our highway developme11t ,1t1d 111aintenance programme; NOW, THEREFORE, in accordance witl1 Article 34 of Our Constitution We approve the resolutions of Ot1r Se11ate ::111d tl1e Cl1a111ber of Dept1ties and We proclaim as follows :
CONSOl,1D.ATlON NOTE The Constit11tio11 referred to l1ere is tl1e Constitt1tion of 1931. This Constitl1tion was repealed and replaced by the Rev.isecl Constitution of J955, 15/2 (1955) P. 149. The Article of the Revised Constitution parallel to the cited Article of the 1931 Constitution is Article 88.
l. This Procla1nation n1ay be cited as the ''Higl1w::ly Aut]1ority Proclama tion,
1950."
2. There is hereby created an at1to11omous agency of the Imperial Ethiopian Government wllich shall be known as tl1e Imperial Higl1way Authority (hereinafter referred to as the Authority). T.he Autl1ority S•hall have a Board of Commissioners whose members shall be the Minister of Public Works, the Vice-Ministers of Fi nance and Commerce and Industry, and a Director of Highways who shall be a qualified engineer, and one other mem.ber, both of whon1 shall be appointed by Us. The Minister of Public Works shall be chairman. A majority of the Commis sioners shall constitute a quorum, and decisions of the Authority shall be taken by a majority of Commissioners present a.nd voting. The Authority shall make its own rules to govern its meetings.
CONSOLIDATION NOTE Imp/. amd. 25/23 (1966) 0.46 Art. 2 (22), 3 Co,isol. L. Etlz. 1-2 (22), (splitting former 'Mi nistry of Public Works and Communicatio11s, originally referred "to herein, into Min.istry of Public Works and Ministry of Commuoica.tions).
3. The Authority shall have the duty of developing and maintaining the high way s·ystem of Ou.r Empire. All functions, duties and authority heretofore perform ed by 1Jhe Ministry of Public Works with respect to the design, constraction and maintenance of government highways, roads, bridges, culverts an<d highway appur tenances are hereby ira111sferroo to the Authority. To the ex:te1mt that Section 25 of the Min,i-ster's (Definition of Pow�rs) OirdeF, 1943 is m.c0n.sistent witb the provisions of this Proclamation i\t i(s h.e,reby moai1fie0.
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CONSOI-IDATlON NOTE 1,npl. a1nli. 25/23 (1966) 0.46 Art. 2 (2!), 3 Corisol. L. Et/1. 1-2 (22), (spl! tting form� r _Mi _ into l1ere1n, to referred originally M1n1stry nistry of Public Works and Communications, of Public Works and Ministry of Communcations).
4. The Board of Com1nissioners have tl1e po\ver -to: (a) negotiate and enter i11to a contract of employment with the Director of Highways; (b) receive and consicler the reports of the Director of Highways; (c) decide questions of important policy . 5. The Authority sba.11 l1ave the power to: (a) enter into contracts on behalf of the Government �ith either private firms or public authorities, both foreign and domestic, for the purpose of carrying out tl1e provisbns of this Proclamation; (b) receive, hold, deposit with a bank -and expend such moneys as shall be available to it by tl1is or any otl1er laws or by transfer from Our Treasury; (c) act as agent of the Imperial Government for the purpose of drawing ft1nds made available by lending i11stit11tions for l1jghway development expe11cliture; (d) take by eminent don1ain any privately owned lands for public use; (e) require the transfer to it of any officers, employees, equipment or sup plies 110w assigned to or held by tl1e Mi11istry of Public Works; (f) use any lands in the state domain for the construction of workshops, buildings or roads; (g) regulate the safe use of tre l1igl1ways to protect them from abuse or destruction and to issue regulations and orders for these purposes and to carry out the provisions of this Proclan�ation.
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�coill:prehens1velr legislating. �1th regard to exprop':1atioa of immovable property and thus impliedly repealing the prov1 s 1ons of Art. 5 (d) relating _ t<;> the fixing o� compe11satioa), 25 /23 (1966) 0.46 �rt. _2 (22), _3_ Consol. L. Eth. 1-2 (2�). (�pl1tt1ng forn1er M1nisry of Public Works and Commun1ca_t1o�s or1g1nally referred to herewith into Ministry of Public Works and Jvfinis try of Commun1cations) See also Rev. Con�t., 15/2 (1955) P. 149 Art. 4.4_
6. The ft1i1ctions, dttties and authority of tl1e Director of 1-Iighwa ys sI1al l be as follows : •
(a) He shall be the head exeU1tive of tl1e Authority an d sh all direct its management and operations. (b) �e shall e1!3ploy and discbtrge al l personnel an d disp ose of their ser _ v�ces, and, 1� accordar1ce w1tl 1 general policies determined by the Board fix the salaries, wages and allowances of individual employees.
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(c) He shall exercise all povvers vested in the I-1.i.ghway Autl1ority; provid. ed, ho\vever, that l1e shall make a summary report quartely to the Board of Commissioners \vitl1 respect to the activities of the Authority. He sl1all also make a11 annual report wl1ich shall contain a statement of the receipts and expe11dit11res of the Autl1ority audited by persons appointed by tl1e Board of Co1nmissioners. .
_(d) He shall keep the Board of Comnussioners informed of important matters concerning activities of the Authority. •
(e) He may delegate lus a.11thority to sucl1 of his assistants or other em pfoyees ·as he 1nay deem proper for tl1e -eff·ic1ent management ·of the business· of the Authority. .. .
7. [Repd. 26 /14 (1962) P. 249 Art. 2.] •
8. Sections 6� 7, 8 an. d. 9 of tl1e A11nu�l Highwa.y Expenditure Proclamation, 1949, are hereby repealed. AI1y provisions of any proclamation, order or legal notice contrary to the provisions of this P.roclamation are hereby repealed . .
9. There sl1all be included in the annual budget for the years 1951, 1952, 1953 the sum of two million Ethiopian dollars for use and expenditure by the Authority in perfoming its functions as provided herein. The inclusion of such bud.geted amounts in ann11al appropriatio11 proclamations is hereby authorized. CONSOLIDATION NOTE The Englisl1 version of this Article omits the conjunction "and" between 1952 and 1953.
10. [Imp/. repd. Civ. C. 19 /Ex. 2 (1960) Arts. 1460-1488 (which provide for 149 P. (1955) /2 15 Constitution, 44.] Art. expropriation in detail). See also Revised . •.
11. All operations of the A11thority including th.e importation of all or any supplies, equipment or material used in connection therewith shall be exempt from all taxes, duties and customs of the Imperial Etluopian Government or any sub division, mi,nistry of department thereof. 12. This Proclamation sl1all be effective on the 26th January, 1951. .
Done at Addis Ababa th.is 26th day of January, 1951.
C. Power 1 / 6 (1942) P. 20• PROCLAMATION CONCERNING 1'0�: SUPPLY OF ELECTRICAL ENERGY CONQUERING LION OF 'l'HR TRffiE OF JUDAH HAILE SELLASSIE I ELECT OF GOD, EMPEROR OF ETHOPIA •
*INTRODUCT©RY FOOTNOTE Ama. 4/9 (1945) P. 76; impl. amd Pen. C. 16/Ex. I (19S7)"1 ....._ 639-=-
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WE PROCLAIM AS l--;OLLOWS: 1. This Proclamation 1n a y be cite.cl as the Electricity Proclan1ation, 1942.
2. In this Proclamation : erl en ica ctr ele ng lyi pp su ing be e tim the fer 11s rso pe the s an ''company" me gy i11 a 11y part of Our Empire; lch 1na s, ing ild bu s, ne eli pip , ms a d es, lin ply s11p l ica ''works'' include electr cele ply s11p to ed uir 1 req o1 pti cri des er atev wl1 of s ect obj 1 er ot1 s 11ery, insulator and trical energy. 3. (i) Where any tree standi11g or lying near an overhe ad electrical line, or where any structure or otl1er object which 11a s been placed or has fal len near an overl1ea d electric li11e, interrupts or interferes with the con veyance or tra11 smissio11 of electrical energy or the accessibility of any works, the co111.paoy :n1ay ca11se the tree, structure or object to be removed or otl1erwise de alt 'Nitb a s it thinks fit. (ii) For the purpose of tl1is Article, ''tree" sl1 all be deerned to i11clude any sl1rub, hedge, growtl1 or otl1 cr pla11t, whether of a like kind or not. 4. [!111pl. re11d. Pen. C. 16/Ex. 1 (J957) Arts. 631, 644.]
5. [/111.pl. repd. Pe11. C. 16/Ex. I (J957) A.rts. 653-4.]
6. [l11i11l. rep{/. Pen. C. 16 /Ex. 1 (1957) Arts. 433, 544, 794.]
Done at Addis Ababa this 26th dav of August 1942. 15 / 5 (195o) G. 213 *
CHAR TE R ETHIOPIANELECTRICL IGHT AND POWER AUTHORITY CONQUERING LION OF THE TRIBE OF JUDAH l-IAILE SELASSIE I ELECT OF GOD, EM?EROR OF E1�HIOPIA . WI-IEREAS, We d�en1 it desira ble tl1at the ownership and O[)er a tion of the busmess and property l11tl1 erto owned b� the Imperial Ethiopia11 Go,,e rnn1en . t a.nd· ..... as Etl11op1 kno'''n · · an El.ectr1c • L'1g1 1t and Power, be vested 1· 11. a , body corporate ope. rated by a Board of Directors a 1)po1ntec by Us; . NOW� THEREFORE, ,pursuant to Article 27 of Our Revised const't 1 uti' on, We procla11n as follows:
1. Na111e. There is l1ereby cre a ted and cl1a rtered by Iinpe · a l CI a1 , ..t r a body �orporate to be ca lled the ''Ethiopia11 Electric Light and Po · w;: Autll1or1 . �t Y',, (l1ere1nafter called the Authority). *lNTRODUCTORY FOOTNOTE An1d. 18/13 (1959) P. 162. See also Ci,,. C. 19/Ex. 2 (1960) Arts 1460 - 1488.
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2. Head Office. Tl1e Head Office of tl1e At1thority shall be in Addis Ababa and brancl1 offices shall be establisl1ed elesewhere i11 Ot1r Empire as tl1e Board of Directors may direct. 3. Purpose. The purpose of the Authority is to engage in tl1e business of P!O ducing, transnu,tting, distrib.uting and selling electrical energy to the public in Ethiopia and to ca1·ry on any other lawful bt1siness incidental o,r appropriate hereto which is calculated directly ·or indir·ectly to pron1ote tl1e interest of the _ Authority or to e11l1ance the value of its properties. 4. Powers. W;h.itbout in any way derogati11g from ;tJ1e general pov,ers of the Authority to do all lawful tl1ings 11ecessary or appro.priate to further tl1e purposes for which it has been established, tl1e Authority shall have t•he powers: (a) to sue and be sued in irts own nan1e; (b) to buy, lease, occt1py, own,' operate, use, sell the unuseful movable properties, mortgage and pledge movable and in1movable, ta11gible and intangible; (c) to open and maintain bank accounts within the Empire of Ethiopia and elsewhere; to deposit moneys and credits therein and to withdraw the same therefrom; (d) to borrow money, issue bonds; and mortgage the property of the Au1thority as security therefor; (e) to take private lands or casements therein for the lawful purposes of the Authority in the 1nanner provided by Our Revised Constitution; (f) to establish rates, charges rules and regulations for the sale of its services and electrical energy; (g) to contract. However, the decisions of the Authority regarding the sale of its immo vable property, the mortgage and pledge of its movable and immovable property and regarding acts mentioned unde.r (d) above shall require the approval of Our • Minister· of Finance.
CONSOLIDATION NOTE See also Civ. 'C. 19/Ex. 2; (1960) Arts. 1460-1488 (comprehensively legislating with regard
ta expropriation).
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CROSS REFE;RENCE Rev. Const.., 15/2 (1955) P. 149, 1 Cor.sol. L. Eth. 1.
5. Capital. The capi,tal of the Authority shall ·consist of ten million dollars divided into one thousand shares of a ?at" value of ten thousand Ethiopian. dollats each, all of which shall • be issued· to the Imperial Ethiopian Government in full payment for all property · tran.sferred .to · the Authority under ·Article·· 1_ 1 of 'this Charter. ,
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In case of another 'property being transferred to the Authority by the_ Imacd ease incr be l shal ity r ho• t Au . tl1e tal ·of capi tl1e ent, 1 ernm Gov 1 peri.al ·Ethiopia1 . . . .. . cordingly. .. 6. Board of Directors. A Board of· Directors · composed of a Chairn1an and 11ot more than nine additi.onal men1bers appointed by Us 011 tl1e recommendation of Our Minister of Finance . to serve at Our pleasure shall exercise all tl1e po\\,ers . of tl1e Authority.
7. General Manager. A General Mana.ger appointed- by Us on the recom mendation of tl1e Board of Directors submitted to Us by · Our Minister of Finance to serve at Our pleasure sl1all be the chief executive of the Authority and shall conduct the operations of the Autl1ority pursuant to policies, regulations, rules . . ... · , and by-laws laid down by the Board ·of Directors. 8. Fiscal Yecir. The fiscal year of the Auth0rity shall pegin on the · first day . · of Hamle and end on the last day of Sene each year.. .
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Amd. 18/ 13 (1959) P. 162 Art. 2.
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�9. Taxation. �e Aut�o�ty shall be subj�ct to <tll taxes an d customs duties · . by levied the � nal Etl11op1an Government, including Federal: taxes, and . suc h � · local and mumc1pal taxes as shall be approved by the Imperial Et hicpian Government. "I
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10. Reserve a'}d Divide,z.d s.. Five i:er cent of the. net .profits of the A uthonty . . .. each year shall be set as1'de as a leg,l reserve until such legal· ·· ·' , reserye 1s equa1 -642-
20-5
]?UBLIC WORKS AND POWEll
to twenty per ce11t of the capital. In. the event :�_a t sucl1. legal reserve, once esta blished, shall thereafter be diminisl1ed to a ·sum less tl1an twenty ·per cerit of the capital, payment into the legal reserve sh,111 be resumed as before t1ntil the legal reserve again equals t,venty per ce_ nt of. . the capital . '
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The ·Ai.1thority shall estabLish · ' a11d maintain such · other · ·reserves as the · Boa.rd of Directors niay direct or · appropriate· the profits for· the purpose of ex pansion and extension of the bt1siness of the Autl1ority as specified in Article 3 of this Charter. ..
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Dividends may be declared a11d paid by the At1thority only out of the surplt1s of net profits ren1aining ,1fter :1)ayn1ent of all· expenses of operations and segregation of legal a11d other reserves, allowances for depreciation and amounts necessary for the aipproved plans of expa11sio11 and extension of- the business. Di vidends may . be declared and paid by resolt1tion, of the Board of Dife.ctors. '
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However, all net profit sl1all be set aside especially for the purpose of extention and ex _pa11sion of electric works. ' ' . . . .
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Even thc;>�gh · this money · shall· ·be. used. for projecrs . studied and approved by the Authority, it s,hall· not be so used without· the prior approval of Our Coun:. cil of Ministers sul;>mitted by· ·Our Minister· of _Finance. • .
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I I. Transfer of title. All rights, title, and interest in and to all property, rights, privileges, choses in action, contracts, and franchises 'heretofore owned or operated .· . by Ethiopian Electric Light_. and · Power are ·hereby tra11sferred · to . and vested in Ethiopian Electric Light and ·Power Authority, herein chartered, in exchange for Authority and in full payment of the e�tire issue of capi�al. shares of. the. of the . . , . · . · . .. · . nominal values of ten million Ethiopian dollars as provided by Article 5 of this Charter. "J
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12. · Auditors. T�e affairs of the Authority shall be audited annually by audi
tors duiy q-ualified ·10 be appoi11ted by the .Boar'd of �· Directors. The ,accounts of the Authority shall at all times b� ope� for inspection by Our Minister of Finance ,.. or his representatives. . -
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. 13. By-laws. The Board of ·Directors of tl1e · Authority ·shall have ,power to ma. ke rules,. regulations a.ttcl, by-1,aws -not· inconsistent with this·C · hi:trtet for the af·: fairs of the Authority. . :: · · . '
Done at Addis Ababa this · 30th day of January, 1956. .
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21-1
Section 21
TRANSPORTATION AND COMM{JNICATIONS A. Aviation 21 / 17 (1962) 0. 25*
AN ORDER TO PROVIDE FOR THE CREATION OF A CIVIL AVIATION ADMINISTRATION CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS, there is. a need to develop an efficient orga11iza,tion for the technical administration and econon1ic regulation of civil aviation in a manner which ·will most effectively assist tbe economic development of Our Empire; NOW, THEREFORE, in accordarce with Article 27 of Our Revised Consti tution, and on tl1e advice of Our Council of Ministers, We hereby order as follows: 1. This Order may be cited as the "Civil Aviation Order, 1962''. 2. Tl1ere is hereby created and establisl1ed within the Ministry of Com munications an independent Adrpjnistration, to be known as the Civil Aviation Ad111inistration. The Civil Aviation P.dministration sl1all have its own budget a.nd shall act independently under the supervision of Our Minister of Commu nicatio11s. CONSOLIDATION NOTE !111pl. a111d. 25/23 (1966) 0. 46 Art. 2 (13) , 3 Co11s0I. L. Et/1. 1-2 ( 19), (splittin g tl1e i\1inistry of Public Works and Communications, in1o Ministry of Public Works and Ministry of Communications ).
3. The Civil Aviation Administration shall comprise:
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(a) an Admi �strator of_ . Civil A �iation, wl10 shall be responsible for the execut1011 of pol1c1es established by the Civil Aviation Board and the enforce1nent of regulatio11s promt1lgated by Our Minister of Communications . pursuant to tl1is Order and otl1er relevant laws The Administrator of Civil Aviation shall be appointed by Us; Board, consisti11g of not less than five (5) members, (b) a Civil Aviation _ and a _Cha1r111a ? from among these members, all as appointed by Us fr�m. time t?. time. Tl1e Baard shall make recommendations on civil av1at1on ,pol1c1es a �d the administration of civil aviation matters. The Board shall deter��e the �cessary. rt1les for its procedures; and (c) necessary staff and personn:!l. * INTRODUC70RY FOOTNOTE l111pl. atnd. 25/23 (1966) 0. 46.
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'TRANSPORTATION AND COMMUNICAT IONS
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CONSOLIDATION NOTE
J,np . l. a1,1cl. 25/23 (1966) -0··. 46· A 1·t 2 (19), 3 consol • . · . L. Et/1. 1-2 (19), (splitti11g tl1e Ministry of Ptiblic Works atld Co11unu111cat1011s 111to t\vo separate Ministries).
4. Th� Civil Aviatio11 Administrc.ltion shall, in accorda11ce with relevant laws ' . . responsible for: be (a) the establishme11t and enforcen1ent of civil aviation policies and programmes; Cb) the establis!1111e11t of s�ch administrative organization as is necessary and cond.tic1ve to ·the proper execution and administration of all civil aviation policies and programn1es; (c) the P1:eparation and presentation of its budget; and _ (d) the discharging of such additional functions as may be vested in it by law.
5. <?� Minist�r of Commt1nica.tio11s 111ay, upon the recommendation of the . . C1v1l Av1at1on Board, issue st1ch regulations as are 11ecessary and conducive to the proper execution of this Order. CONSOLIDATION NOTE.
Imf?l, c1nzd. 25/23 (1966) 0. 46 Art. 2 (19), 3 Consol. L. Etf1.. 1-2 (19), (splitti11g tl1e Ministry of Public Works and Con1n1t1nications into two separate Mi11istries). .
6. This Order sha.11 come i11to force upon t,he date of its publication in the Negarit Gaze ta. Done at Addis Ababa this 27th day of August, 1962. 21 / 17 (1962) D. 48*
'fRE CIVIL AVIATION DECREE CONQUERING LION OF T$ TRIBE OF JUDAH HAILE SELASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS, it is Our desire to establish conditions which will foster and encourage the development of civil aviation throughout Our Empire and, through such progress to secure the maximum benefits afforded by modem air transporta tion; and WHEREAS, a basic law is required in order to perrnit the regulation a.nd control of civil aviation throughout Our Empire in the international interests; and WHEREAS, there is need to provide for the proper discharging of the obliga tions under various intern.ational agreements and treaties to which Our Empire is. or may become, a party, and particularly under the Convention on International a ich is 4, , wh 194 ber cem 7 on De go ica at Ch re atu sign r fo. ned ope on Civil Aviati part of the Supreme Law of Our Empire as defined. in Ar ti'cle 122 of Our Revised Constitution; · and •
INTRODUCTORY FOOTNOTE App. 22/9 (1963) N.A. 8; Impl. a1nd. 25/23 (1966) 0. 46.
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CONSOLIDATED LAWS - OF ETHIOPIA
21-2
WHEREAS We have ordered the establishment of a Civil Aviat io� Board by Order No. 25 of 1962 to �stablish a11d cletem1i11e civil aviation policies and prograD11nes; and WHEREAS, We have ordered the establishment of a Civil Aviation Board by said Order No. 25 of l_9�2. to _ execute a.nd enforce Civil Avia,tion policies and progran1mes; NOW -THEREFORE ' · in accordance· wfth Article 92 of Our Revised Constincil of :fyfinisters, We hereby decree as tution and upon the -advice of Our C.ou ·· · ·· -� follows : , '
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I. Tl1is Decree may be cited as ·�he ''Ci'vil Aviation Decree, 1962''. ' '
2. (a) The Civil Aviatio11 Adn1inistration of Our Govemme11t ·shall, i11 accor dance with law and under the supervision of Our Ministe r of Communi cations, have tl1e power b control and, regulate the manufacture, possession, use, opera t�on, s1:l!!, tmport f1Ild export of all ai1·craft in or over tl1e territ ory �nd te1:rito�ial w� ·ters 'of Our Empire, and to detenmne t he conditions under whi9h: atrcraft .r�gi_s tered in Our Em1Ji!e rna. y b_ e operated over the l1igh seas or territ ory not witl1in Our Empire. (b)· Without limiting the generality of the foregoing, the Ci.vii Aviatio11 Administration sl1all have, in accordance w�th law, the power to: ••
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(i) license pilots a11d other persons engaged in tl1e 11avi.gation of aircraft, and tq, �uspeud ancl revoke such licenses; •
(ii) register, identify, jnspec:; certify �nd license all aircraft; "
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(iii) license, inspect and.-regul_�te all ·�irpor ts ·and air 11avigation facilities and services; ' •
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(iv_ ) determi�e the condi · · tions u11. der· w-hich· aircraft 111ay be. used or operated; • •
(v) determine tl1e coi1ditioni under · which goods, 111ail a11d passengers may be transported in :ijrcraft;
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(vi) pr?hibit ,navigation -of aircraft over prescribed- area.s within . and _ _ w1th��t Our _ _ E1n1J1re_ , �itb.er at all times or at st1cl1 t unes or on sttcl, cond1t1ons o�y ,is may be specified by regulation, and eitI1er _ abso!�tely or sub3ect to· _ such exceptions or conditio11s · as 1nay be . ·· specified; _ · •
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(vii) dete1:111ine the ar �s within which aircraft co11�i11g. froin a11y p.lac e o�ts1de Our Empir � may land, ancl the conditioris. to· be comp lie d with by a11y such aircraft ; '�•
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(ix)· ·enforce sucl1 · l&ws, rules and regulations as may be enacted or prescribed. with re spect ·to the ·safe and proper navigation of air craft · in or ove:r the territory · or territorial waters of Our Empire, an d of aircraft registere d i11 Our Empire , wl1 erever such aircraft may be;
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· · · (x) . det�r11line the econo1nic requirements with which operators of · ·· vanous . classes · of . aircraft shall comply; (xi) dete1111ine the ter1ns and conditions under which concessions or rigq.ts will be granted to or issued for the commercial op . · .• eration -: .of aircraft; .. (xii) deteri11i11� the rates to be charged for the use of aircraft and . , aeronat1tical facilities a11 d service s provided by or on behalf of the . . , ·.. Imperial. Ethiopian Government, and the rates for the use of such .. . o�er f.· ac�lities, property_ or services in connection with civil aviation as · the Civil Aviation Ad ministration 1nay deem appropriate;
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(xiii) cleter1nine tl1 e rates and tariffs to be �pplied in respect of th e com. mercial operation of aircraft; and .
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(xiv) investigate any acci dent arising ot1t of, or in the course of, air · -navig�tion of any-_ aircraft ·in or over the territory or territorial waters of Our .Empire or of any .aircraft ·registered in Our Empire, wherever located. . .. �
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CONSOLIDA1�10N NOTE Ir11.p/.-an1d. 25/23 (1966) 0. 46 Art. 2 (19), 3 Consol. L. Eth.1-2 (19), (splitting the Mi11istry of Public Works and· Con:u,1L111ications into two separate Mi11istries}.
3. Our Minister of Communications may, upon the recommendation of the Civil Aviation Board, issue ' . . .. reg-u.lations: .. . · (a) to ensure observance of the provisions· of the Conv ention on Interna tional Civil Aviation opened for signature at Chicago on 7 Decembe r, 1944 and of any Anne xes thereto which ar e, or may be from time to time, a�ept�d by Ou� 13,m.pire , and any other International Conv ention or Agre ement relate d · to Civil ·Aviation ·to· which Our Empire is or .· . becomes- .·a· :party; an d (b) gen erally, for the bett e r carrying out of the -provision& hereo�. .
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CONSOLIDATION NOTE /�pf. ;�d... 25/23 (_ 19_66) ·q._ 46 J\_ r.t. 2 (19)�_ _ � Cotisol. L._ Eth. 1-2 ·(19), (�plitting the Ministry of Public Works and Communications into ·two separate Ministries). - . .. • • . . . ze Civil •
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Any regulations jssue<;l und�r Article 3 .hereof may authori the (a) .. 4 . · · ons directi Aviation Adini:. nistration . . with respect to such matters . , . to isstie as may be prescribed in said regulations. . . (b) Without limiting., the- gener-afity ,. of the foregoing, the Ci vii Aviation Administration may be authorized by regulations.: '
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21-2,3
CONSOLIDATED LAWS OF ETHIOPIA
(i) to construct or provide for, establish, maintain and operate airports, air navigation and metreological facilities and all services necessary for the safe, regular and econonucal operation of civil aircraft into or over the territory and territorial waters of Our Empire;
(ii) to collect or arrange for the collection of such charges for the and air navigation facilities and services and _such use of airports . other charges as may be established pursuant to such regulations; and (iii) to establish; collect or arrange for the collection of fees in connec tion with the issuance of licences, certificates and other documents · required by regulations issued ursuant hereto. p
(c) Regulations isst1ed under Article 3 l1ereof shall, if deemed necessary or appropriate by Our Minister of Con1munications upon the recommenda tion of the Civil Aviation Board, be published in the Negarit Gazeta. CONSOLIDATION N01'E ln1P_l, a111d. 25/23 (l966) 0. 46 Art. 2 (19), J Consol. L. Et/i. 1-2 (19), (splitting tl1e Ministry of Public \Vorl<s and Con1111unications i11to two separate Ministries).
5. Any person wl10 violates the provisions of this Decree shall be punished under the provision of the Etbiopia.n Penal Code of 1957. CROSS REFERENCE Pen. C. 16 /Ex. 1 (1957) Arts. 499-502.
6. Tl1is Decree shall co111e into force on· the date of its publication in the Negarit Gazeta. Done at Addis Ababa this 27th day of August, 1962. 24/18 (1965) L. 306*
REGULATIONS ISSUED PURSUANT TO THE CIVIL AVIATION DECREE, 1962 1. Issuing Authority:
"fhese R�gulatio11s are issued by the Minister of Con1munications up n the ? h'Im reco�endat1on of the Civil Aviation Board, pursuant to authority vet d in by Article 3 (b) of the Civil Aviation Decree, 1962 (Decree No. 48 of 1;6e2). CONSOLIDAT10N NOTE I,npl. an1d. 25/23 (1966) 0 46 Art ? (19) JC l L · EI 1 1 (J9), (splitting tl1e Ministry : -� � o ·t nso �o i� · o f Public Works and Con,n,uni cations to t se p a,ra e M1n1s . tnes). * INTRODUCTORY FOOTNOTE !nip/. a111d. 25/23 (1966) b. 46.
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2. Short Title:
These Regulatio11s 111ay be cited as tl1e ''Registration of Aircraft Regulations, 1965''. 3. Register of Aircraft; Requirement of Registration: (1) Th� Ci_vil Aviati?11 Adn1inistration (l1ereinafter tl1e ''Administration'') shall
ma1ntam a Register of Aircraft for all commercial and private aircraft, the major �rtio11 of t-he 11se of wl1icl1 occtirs in Ethiopia.
(2) Any person, v..1het11er 11atural or Juridical, may req11est a deter111.i.nation as to whetl1er or not registration of an aircraft owned, leased or otherwise operated by l1im is regt1ired l1ereunder. (3) In making a.ny determi11,1tio11 pursuant to paragrapl1 (2) of this Article 3, the Adrninistratio11 sh,tll take into account the following: (a) the nationality, donlicile and residence of the person applying for such determinatio11; (b) the nature of tl1e use to whicl1 the aircraft is customarily put; (c) the prior registratio11, if any, of the aircraft in any other jurisdiction; (d) the extent to wl1ich registratio11 in a11y other jurisdiction is required as a condition to tl1e contint1ed operation of the aircraft therein, and the nature of such operation; and (e) the extent to ,vhich the conti11ued operation of said aircraft within Ethiopia requires general acceptance of and compliance with the juris dictio.n of the Administration as rega.rds equipment, airworthiness and similar related matters.
4. .Acts Which Must.. Be Registered: . . All acts, public or private, purporting to establish, transfer, modify, or extinguish the interest of any person or . perso · ns in ah aircraft subject to these Regulations shall be registered in the Register of Aircraft. Without limiting the generality of the foregoing, the following shall be registered: (1) all leases for more than sixty (60) _co�secutive days or for more than one h·undred twenty (120) day� in any one (1) year involving aircraft subject to the provisions of these .Regulation.s; and .
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CONSOLIDATED LAWS OF ETHIOP{A
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S. Persons Responsible for Registration:
t he Adnlinistration t wi d te ec f e � be all � sh n io ra t t l gis na re ) (1 Origi _ sttbJect to the provisions 0tYth��: own er, lessee or operator of a1 aircraft Regulations. (2) Thereafter, tl1e person or perso1s u1 or to who� an ac� ?escribe_d iii Article _ ·• 4 hereof es tablishes, 111odifies or transfers an mterest in an aircraf t shall be responsible for registering that act.
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6. Application for Registration: •
(I) Application for r egi�tration 11ereunder s�all be made t o tl1 e Administratio11 on. forms supplied by said Administ ration. (2) The following information sl1alJ be_ requi� ·e?. in � 01mection with tl1e origina 1 registration of an aircraft \.Vith the Adn11n1strat1on: (a) t he type and description of t he aircraft; - . (b) tl1e name and address of the constructor; (c) tl1e construct or's serial number; (d) the nam e of t he owner (lessee) operator, as appropriate; (e) the address of the owner Oess ee) op erat or, as appropriate; (f) tl1 e na tio11ality of tl1e owner (lessee ) op erator, a� a1Jpropriate; and (g) in addition, said a1Jplication shall be accompa11i ed by tl1e following; •
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(i) a certificate from the Custo1ns Administration · of. the Mi11 istry of Finance tl1at all applicllble taxes and f ees in connec.tion with t he importation of the ·aircraf t int o Etl1iopia have b een paid; and (ii) a statement of airwort[1jness fron1 the country of. export, if tl1e aircraft l1as not e,trlier been register ed in another jttrisd.iction, or from th e country in which prior registration had been effec ted, as · · ap. propriate. . (3) In addition to the infor1nation :;p ecified in paragraph (2) of t11is Article 6, the following information shall b e required for the registration of an act affecting an interest in an aircra.ft : (a) the nature of th e it1terest :11volv ed; (b) the name and address of 1l1e person or·· persons i11 or to wl1om tl1e iI1terest is. established, trans:erred, modified .or extinguisl1ed; (c) the dollar a,n1ount i11volved in the transaction; and (d) the anticipa ted duratio11 of the -in te rest. . . (4) (a) Application for an original registration shall be accom 1Ja11ied by one . hundred Eth1o�iru1 dollars (Etl�. $100.00), to gether wi th adequate evi d enc� to establish the ownersrup of tl1e aircraft st1ch • as a bill of sale • • • • • or prior regist rat ion ce1trf1cate issue� by_ another juris diction. (b) P.i.pplication for registration of an ac t affecting an in te re st in tl1e . a1 rcraf t sh�ll be accompa1 1ied by twenty Ethiopian do lla rs (E th .$20.00), to� ether With -r� sonable proof of tl1 e occt1rrence of th e act and th � e existence of the int erest to ::,e register ed. - 550 •'
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COMMUNICATIONS TRANSPOllTATION AND .. . .
7. Certificate of Registration:
(1) At the time of original registration ,' the Administration shall issue to the� person . registering said air.craft a Certificate of Registration. Said Certificate Aircraft. shall . be deemed �he to to. be a Doct11nent of' Title · ' . . . . . (2) ·1n the case of the registration of any· other act affecting a11 interest · in the aircraft, the Adm.irustratio11 shall enter' tl1e existence of· such act and the i nterest on its records·. . . . · · •
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(3) Simultaneously with . the actioh taken pursuant to paragraph (2) of this Article 7, the A,.dmi11istratio11 shall req.uire the su1·re11der of. �he Certificate · of Registration and shrtll record• tl1e existence of such act and the interest . on said· Certificate. Wl1ere tl1e nature of tlie· act or the jnterest involved· so requires, the Administration silall retain the Certificate of, Registratio n . surrendered and shall issue,. in lieu thereof, two (2) duplicate .originals, marked as .. such, .one of \\7hich sl1all be. delivered to tl1e J)erson-,who initially registered the aircraft, tl1� secoµd of which shall be· delivered to .the -person in \Vhose favour the act or interest involved is being i-eg.istered. Both of to deemed be said duplicate originals shall nts of Title to the Doc111ne be ·· · · · aircraft. · •
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Aircraft: 8. Transfer of Ownership . . .. . . .� • of . .. . .. .. . ,. . .. . . .. . .. Presentation of the Certificate of Registration or, in the case cqv�,red in paragraph (3) of Article 7 hereof, both duplicate originals of tl1e Certificate of Registra tion, and the making of an entry i11 tl1e Register of Aircraft shall be required and shall be a condition to the transfer, by whatever manner, of title to a nd ownership of an aircraft. ·· ,
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4 be shall Reg11lations these of An act required to· be regist�re.d under Article . effective against ·third parties acting in. good fa ith oniy from ·the day when it is . . '. . ·. . entered •in tlie Register of Aircraft.· . · •
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Failure to register an aircraft required to be registered herenuder shall be good cause for the taking by the Administration of all appropriif'fe ·measures, -�eluding the groun.ding �o�; tht?- a_ irGraft,. u111til registr.atio�. }:las _bee1,1..made.: .' . . .. •• •
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. .. .. .. . · tli:e.d�te of their publication in the � �n orc� �to. { · e�te�shall tions These Regula Negarit Gazeta. .. .. .. .. . . . . . ' . r "� . ' . . . ' . . . .. . Done at Addis Ababa this 31st day .of Augnst, ·, 1965: ' - '65'[ ,
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B. Land Transport 27 / 6 (1967) P. 256*
A PROCLAMATION TO PROVIDE FOR THE CONTROL AND REGULATION OF TRAVEL AND TRANSPORT ON THE ROAD CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELASSIE I ELECT OF. GOD, EMPEROR OF ETIDOPIA WI-IBREAS, the rapid economic and commercial development of tl1e Empire requires that measures be taken to facilitate the efficient, rapid and economic movement of goods and passengers on the roads of the Empire; NOW, THEREFORE, in accordance with tl1e provisions of Article 34 and 88 of Our Revised Cons.titt1tio11, we· ap1Jrove the resolutions of Our Chamber of Deputies and Senate and We hereby proclaim as follows: PART I - GENERAL 1. Short Title Tl1is Proclamatio11 may be cited as the ''Road Travel and Transport Procla mation, I 967''. 2. Repeal
The following are l1ereby repealecl and replaced by the present Proclamation: (1) Transport Proclamation, 1943 (Proclamation No. 35 of 1943); (2) Transport (An1endme11t) Proclamation, 1944 (Proclamation No. 59 of 1944); (3) Maintenance of Roads Proclamation, 1944 (Proclamation No. 65 of 1944); (4) Classification of Roads Proclamation, 1944 (Proclan1ation No. 66 of 1944); (5) Federal Transport Proc!a.mation of 1952 (Proclamation No. 129 of 1952); and (6) all legislatio11 previously in force in Eritrea relating to matters provided for herein. 3. Definitions In this Proclam�tion, 11nle �s tl1e context requires otherwise, the following terms shall have the mea.nmgs prescribed bellow: (1) ''Admini �tration'', ''Board'' a11d ''Ad111inistrator'' - established in accor with the 1:{oad _ Transport Admi11istration Order, 1967, publislied dance _ sunultaneously with this Proclamation; * INTRODUCTORY FOOTNO'IE Corr. 27 / 13 (1968) C. 67·, 28 /9 (1969) C. 69 ·(English only).
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(2) ''commercial road tra11sport'' - the carrying by an enterprise, \vhether a uat11ral or juridical perso11, of passengers or goods for hire,. re1n11neration or profit, classified as either p1·ivate or public, as follows: (a) pr·ivate commercial road transport :- if it meets all of the following conditions: •
(i) the vehicle 11sed is owned by tl1e enterprise; (ii) ''motorcycle'' - a 1notor vehicle with less than four (4) wheels, the weight of whicl1, exclusive of any sidecar attached thereto, does not, when u.11.lade11, exceed four h11ndred (400) kilograms; (iii) ''pri,,ate n1otor car'' - a n1otor vehicle 0th.er than a commercial vehicle, a 1notorcycle, ,1 pt1blic service vehicle or a truck tractor; (iv) ''public service ve, hicle'' -- a motor vel1icle used to carry passen gers for l1ire. wl1etl1er or not at separate and distinct fares for their respecti,,e desti11ations, classified as follows: (3) ''driving licence'' - a permit to drive a n1otor vehicle issued in accordance with the provisions l1ereof, including any document deemed to be a driving licence in accordance with Regulations issued hereunder; (4) '.'Minister'' and ''Mi11istry'' - the Minister and Ministry - of Commlinica tions respectively; (5) ''Municipality'' -. any municipailty or township enjoying autonomous status under the law; .
(6) ''passenger'' - any person riding in a vehicle, other than the driver or conductor; (7) ''public commercial road transport· association'' - . an organization duly created and registered hereunder in which enterprises engaged in public commercial road transport joi.I1 togther for the purpose of defending their mutual interest and for the carrying on of activities in common; (8) ''road'' - any roa.d, street, highway or other travelled route within the Empire, other than private roads, customarily used by vehicles; (9) ''vehicle'' - every type and description of wheeled vehicle constructed or adapted for use and used primarily on roads, classified as follows: (a) ''carriage'' - a vehicle other than a bicycle, a motor vehicle, a semi trailer, a trailer a.nd a train; (b) ''bicycle'' - a vehicle propelled by· the motive power of the person operating the same; (c) ''motor veh.icle'' - a vehicle -propelled by mechanical or electrical power, classified as follows: ·
(i) ''commercial vehicle'' - a motor vehicle constructed or adapted for use and used primarily ·for the conveyance of goods of any description, including a truck tractor:
653 -
· CoNSOLiidA;fED LAWS OF ETHIOPIA
214
.
. t
. -.
\ I
. (ii) in the case of goods be:ng transported; . ' sted tru en e be ve h or ise pr ter en e th � by d ne � ow e ar s · od (A) tlle go n by 1t; a nd io at rm sfo n tra or ir a p ·re of re po r pu · e th r o . f it• to t ary en lem mp co d an y r . ss<J. ce ne is s od go aid _ s d. ion t tai r po ns tra (B).the ter en e th by t ou · ed i:r1 ca ity tiv ac ial erc mm co l t o the principa pnse; a re (iii) in the case of passengers being tra11sported, th e passengers employees of the enter?rise and ar� being tr_ansported to or fr_o� e, p1s ter en f the ·o ess s1� bu the m d e gag n e are k or r of wo ce a . their .pl (b) public,·commercial road tr�nsport: all co1nmercial road tr a nsport n ot classified _ a s _priva�e; .. . . .. .. . (A) ''hackney'' __,.. a :p. ublic service vehicle having accommodation for less than se_ven (7) passengers; and ~
•
_• ,•! �
•
•
(B) '-�motor omn_ibus'' .:__ a public service vehicle having accommo
dation for m ore tl�an seven (7.) passengers; (v) "truck tractor'' - a m1)tor vehicle co11structed or adapted . for use and .used primarily ·ror drawing other vehicles, and so constructed ·as· to carry no load.ott.er th an a· part of the .weight of the vehicle · and load being drawn; · . (d) ''semi:trailer'' __..:_ a vel1icle constructed· ·or adapted for use .and used primarily for carrying persons or goods and being dra wn by ·a motor vehicle_, and. so cqnstrttctecJ th�t sqme pa rt of its weight and that of its . •. load rests· upon or is carried by anotl1er vehicle;· • . · . . (e) ''trailer'' - a vehicle whi;, h has n o independent motor power and which . i s· ·c ap able· of being 1ttached to · and drawn by a inotor vehicle, and_ so constr�cted that no part of its weight rests upoR· the motor , v�p.i�le ,by which drawn,.. . b11t sh&ll _not include a sidecar attached 1:o a : · • .· motorcycle;_ · .. • �
�
.
yehicle, constructed or· adapted (f) ''�raiµ_" .- .a. vehicle� includ _ ng a 111otor. p.n1nar1ly for travel· bn the r.ails of a rail way line. f or .11s_e .and :used· .
:CROSS RE.FERENCE .. Road Transport Administration Order, 27 /6 (1967) 0. 49, 21 Co,iso/. .L. Eth.- 8. ' ' 4. Scope of· Applica�on·. ·: .... . . . T.hi � froclamation shall, ill acco1dance witl1 tl1e tern1s hereof apply to all . ds -w1th1n the ·Em roa pire and to all vehicles utilizi11_g said roads.
PART II - SUPERVISION· AND CONTROL OF TRAVEL ON THE ROAD · · . A ...:_ · o·eneral ,•. . .. 5. Responsi�ility of the J\1:�ister . .. . ..' . . . ' :.. · · (1). ·.Ti1e , Minister shall, · i� acco . rc·aq�e wit · h the ·iaw, superv1·se a n d control travel on the road. ' . ' .
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TRANSPORTATION AND COMMUNICATIONS
(2) Without linliting the- generality of the foregoing, and except as may be ·ot11er\vise limitecl by tl1e other provisions hereof, the Minister sl1all have, with the law, the power to: in accor�ance . . .
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.
(a) register and control vehlcles using the road; (b) license and control IJersons clriving ve11icles on tl1e road; (c) establish and coll�ct fees and charges to be paid in connection with , (a) and (b) above; paragraphs (d) fix weigl1t and size· lin1itatio11s of vehlcles using the road; (e) establish rules to gover11 the circulation and movement: of traffic on the road; (f) classify roads a11d deter1ni11e their di111e11sions and characteristics; provided, however, that· tJ1is ft111ction shall, with respect to roads within Municipalities and townshi_ps, be the responsibility of the appropriate · Municipal Authority; (g) provide for the prevention of da1nage to the roads; (h) determi11e the construction of a11d the eqt1ipment to be carried by vehicles using tl1e road; and (i) establish rules regulating lease contracts creating secured interest with respect to vellicles; (j) issue Regulations on -any matter witl1in bis jurisdiction as provided herein. •
., Corr.
CONSOLIDATION NOTE
27/13 (1968).C. 67 (English·only).
••
B. - Registration of Vehicles •
. . •
6. -Requirement of Registration of Vehicles (1) No vehicle except a bicycle shall be driven or operated on any road unless: (a) said vehicle has been registered by the Ministry in accordance with the provisions of this Proclamation and Regulations issued hereunder; and (b) said vehicl� bears the required registration plates or other identification marks displayed in a clearly distinguishable manner. .
(2) The absence of the required registration ·plates or other identification marks sh.all constitute prima facie evidence that the vehicle has not been registered and shall justify the detention of said vehicles by the Police pending the making of appropriate enquiries. c les Engaged in 7� Registration of Vehi. Com�ercial Road Transport ' .
In the case of vehicles to be operated in private or pablie commercial re>ad transport, the following additional requirements shall apply:
655 -
\ 21-4
CONSOLIDATED LAWS OF ETHIOPIA
( 1) vehicles to be operated i11 private o� pub!i� COJTI?1�rcial r� ad_ transport a,n� carryi11g on a major portion of their act1v1ty within the l1m1ts of a Municipality en joying autonomous 3tat�� under the �aw: . Tl1e appropriate Municipal Author1t1es may require that the owner of _ said vehicle obtain a special regist1ation and pay such fee as may be fLXed by law; (2) vehicles to be operated in private or public co111mercial r�a� transport and
carrying on a 1najor portion of their activity outside the l1nnts of any such Municipality; . . . The owner of said vehicle shill obtain a special reg1strat1on from the Administration a11d pay s11ch fee as may be fixed by �e Administration by Regulations; provided, however, that neither any such Municipality nor the Administ�a tion may req,uire, as a condilion to the issuance of any suoh special registration, that any such vel1icle be re-examined or retested. · · C - Issuance of Driving Licences
8. Requirement of IIolding a Driving Licence
No person sl1all drive a n1otor vel1icle on any road, a.nd no owner of any motor vehicle shall k11owingly pern1it any person so to drive unless the driver is tl1e holder of a valid driving licence _i,st1ed by tl1e Ministry authorizing him t o drive tl1e particular type of n1otor velticle; provided, 11owever, that the Minister may prescribe conclitions under whiol1 perso11s not holding a valid driving licence may drive for tl1e purpose of learning; and provided further, that the Minister n1ay provide for tl1e recognition of dri,ing licences issued by other authorities as constituting valid driving licences for the purposes hereof. 9- Authority of Municipalities
Any Municipality may require that any person en1ployed as the driver of a vehicle engaged in private or pt1blic commercial road transport, a n1ajor portion of whose employme11t is carried on \Vi:l1in the limits of the Municipality, obtain a . special lice�ce and pay s11cl) fee as may be fixed by law; provided, however, that no _ �uch. Municipality n1ay requie, as a condition to the issuance of any such dr1v111g licence, that any sucl1 perscn be re-examined or retested. PART ill - SUPERVISION AlID CONTROL OF COMMERCIAL ROAD 1RANSPORT A. - Road TraIJsport Administration 10. Functions, Duties and Powers of t�e Administration
(1) The Admini �tration sh �ll� in acrordance with tl1e law, supervise and control the ownership, operation and JS� of vehicles used and the transport of good � and passengers by enterprises engaged in private and public com mercial road transport. -656 -
TRANSPORTATION AND CoMMUNICA1'IONS
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(2) Without li111it.ing the generality of the foregoing, the Acl1ni11istration shall l1ave, i n accordance with tl1e law, the power to: (a) a.pprove tl1e organization a11d registration of e11terprises, whether juridical or natural persons, engaged in public com1nercial road transport; (b) reg'ister, i11 accorda11ce with Article 7 hereof, vel1icles to be operated in private and public comn1ercial road transport; (c) encourage the formatio11 of public commercial road transport asso ciations and create sucl1 associations where such encouragement proves insufficient; (d) direct and control the operations of any public co111mercial road trans port association that has not assumed full responsibility for its own activities; (e) supervise a11d oversee tl1e operations of any public commercial road transport associatio.n tl1at l1as assun1ed. full responsibility for its own activities; (f) fix and enforce minimum and maximum tariffs to be charged in public
comn1ercial road transpor:t; (g) fix and enforce schedules applicable in public co1nmercial road trans-: port;
(b) when not undertaken by public commercial road transport associations, construct or provide for t11e construction of, establish, maintain and operate necessary auxiliary facilities for the use of the :travelling public and persons shipping goods by public commercial road transport; (i) enforce the provisions of Articles 11 through 14 hereof relating to private commercial road transport; (j) take appropriate measures, including those provided in Article 13 hereof, to ensure .t, hat the number of vehicles engaged in public com mercial road transport does not exceed the dema11d therefor; (k) fix and collect fees and charges to be paid by public commercial road transport associations for the use of facilities provided and services performed by the Administration; (I) fix, on a tonnage capacity or seat available basis, as appropriate, and collect, annual fees to be paid to the Administration by each enterprise engaged in pt1blic commercial road transport; (m) administer the fund established pu.rsuant to Article 21 hereof; (n) generally, take such measures as are necessary or desirable 't o ensure that public commercial road transport is carried on in an efficient and economic manner; (o) specify data and reports to be provided by enterprises engaged in private and pu.blic commercial road transport; and (p) issue Regulations on any matter within its jurisdiction as provided herein. 657 -
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CONSOLIDATED LAWS OF ETHIOPIA
NOTE OF DECISION Lice11si11g Po1vers of Transport Boa�
s ha ard Bo t or sp an Tr tl1e t tha a) ab Ab JS . dd (A ourt Held under the old law by High 1· t• Tru s po we r by d nse 1. rce s use b ger sen pas f t. a n ) i, oper e h powers to set up timetables for t · · . . bl 1c • Neither e pu th o f • st ere int tl1e · 1n e vic ser d gJo insure to 1n order niay be exercised only i"t•ng u.J; Boar d to use its powers as a me an s Of lim 1 the letter nor the spirit of the law allows •'-competition among bus operators. ng with private arrangements b �tween bus A decision of the Transport Board inierferi · · · · · owners, regulating competition between the:n1, was I1e ld to be 1uegal , where sai d arrangements do not upset effective service. ing an exeesive numb�r of The Transport Board may not correct its mistake in grant · · · · · 1 ns amou· nt to virtual 1m1tatio licences, by imposing new limitations on licences, 1f sucl1 deprivation of the licences.
°
.
.
Mesfin Zelellew v. The Ministry of Public Works and Communications. (Higl1 Ct., Addis Ababa, 1963), J. .Eth. L., vol. 2, p. 289.
B - Conlffiercial and Public Service Vehicles 11. Activities of Enterprises Engaged in Private Commercial Road Transport. No enterprise engaged in private co11unercial road transport shall engage in pu_blic comn1ercial road transport. 12. Limitation on Ownership of Enterp-ises Engaged in Public Commercial Road Transport (1) No enterprise engaged in private con1mercial road transport. may be the
legal or beneficial owner of more tl1an twenty pe rcent (20 % ) of any enterprise engaged in public commercial road transport. Any enterprise engaged in private commercial road transport wllicl1 is in violation of tbe provisions of tllis paragra:pl1 (1) as of the date of entry into force l1ereof, shall, within a period of one c1: year from said date, reduce its ownersl:up in the enterprise to tl1e n1axunum established tl1erefor herein.
(2) No more than tl1irty percent (l)%) of the total ownersllip of any enter prises engaged in private commercial road transport may be held, either legally or be11eficially, by enterprises engaged in public co11unercial road transport. Tl1e sharel1olders of a.1y enterprise engaged in public commercial road transport which is � viola1ion of the provisions of this paragraph (2) as of the date_ of entry into force l1ereof sl1all, within ,1 period of one (1) y��r from said date, take all necessary 111easures to comply with tli e pro v1s1ons hereof. CONSOLIDATION NOTE Corr. 28/9 (1969) C. 69 (English only).
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'"fRANSPORTATlON AND CoMMUNICATJONS
. 21-4
13. Import of Vehicles for Use in P11blic Commercial Road Transport The import of vehicles for use i11 public con1 mercial road transport may, wl1en necessary, be regulated b_y tl1e Ad11li11istration 11pon the recon1n1endation of the Road Transport _Board, in accordance with the National Road Transport Pro _ granune, and no import l1ce11ce for any s11ch vehicle sl1all be iss11ed by the compe _ _ te11t ��thor1_aes of ·tl1e �over11me11t after 11otice l1as been given to them by the _ of trat1on dec1s1on to exercise t11e a11tl1ority conferred l1ereby unless the Adn11n1s _ . issuance of said lice11ce l1as bee11 approved by the Administration as being in accordance with said Programme. 14. Restrictions on Use and Transfer of Commercial and Public Service Vehicles No comn1 ercial or p11blic service vel1icle in1 ported for use in private com . mercial road transport shall be sold to or hired by or otherwise used in public comn1ercial road tra11sport witho11t il1e co11sent of tl1e Ad1ui11 istration. 15. Use of Own Vehicle to carry Own Goods Nobhing herein shall be deemed to limit or· restrict the right of a private individual 10 carry his own goods in a11y vel1 icle 0W11ed by him on a casual or intermittent basis. 16. Exclusive Franchises: Exclusive Contracts (1) The Administration may, when it is clearly in the public interest to do so,
grant exclusive or restricted fra11chises to public con1mercial road tra11sport enterprises or to public com1nercial road transport associations. In the case of roads constructed and maintained by funds raised by private contributions as well as local labour, associations organjzed by and com posed of members of the local com111ittees which raised such funds and contributed such labour sl1all be given priority witl1 respect to the granting of such franchises for so long as such roads are exclusively maintained out of such funds and with such local labour, and until responsibility therefor is assumed by the Imperial Highway Authority.
(2) Nothing herein contained shall be deemed to prohibit or restrict the righit of any person sh • ipping goods to conclude exclusive contra.cts therefor with any enterprise engaged in public commercial road transport. C - Public Commercial Road �1;ransport Associations 17. Creation of Public Commercial Road Transport Associations (1) Enterprises engaged in public commercial r? a� transport may create and
join public commercial road transport associations.
(2) No enterprise engaged in public commercial road transport may belong to more than one (1) association at a rtime. - 659 -
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CONSOLIDATED LAWS OF ETI-IIOPIA
(3) No association 1nay be created by less than fifty (50) enterprises eng�g�d in public co1nmercial road tra.nsport; provided, l1owever, that the AdmlilJs tratio11 may reduce this number temporarily for good cause. (4) The Administrator may require that associations be orga11ized on a regional or sectoral basis when this is in the best interests of the most efficient and economic conduct of public commercial road tra.nsport. 18. Legal Status of Associations: Registration (I) The provisions of Articles 404-482 of the Civil Code of 1960 shall apply to . public commercial road transport associations; provided, however, that all responsibilities assigned to the Ministry of the Interior and the Office of Associations by said provisions are, with respect to such associations, hereby transferred to and shall be discharged by the Administration; and provided, further, that to the extent that the provisions of tl1is Section C are inconsistent with the provisions of said Articles 404-482, tl1is Section C shall prevail. (2) Every association shall, promptly upon its creation, file with the Adminis tration its 1nemorandum of association or statutes, as t11e case may be. (3) Tl1e filing of the memorandum of association or statutes with tl1e Admnis tration sl1all constitute an application by tl1e association for registration with the Administrator. T,he Administrator sl1all proceed to register said association unless: (,L) the memorandum or statutes, as the case may be, do not com.ply with the law or with minimum standards established; (b) any otl1er requirement of any applica.ble law is not met; or (c) any policy established by the Administrator a11d t1niformly applied is violated by the association. (4) If the Ad1ninistrator refuses to register the associatio11, l1e shall so notify tl1e association and give his reaso11 therefor. (5) If the Administrator fails to take any actio11 witl1 respect to a.ny applica tion for registration within thirty (30) days of tl1e date on \Vhich made, said association sl1all be deemed registered. (6) When registered with the Administration, tl1e associatio11 111ay engage in all lawful activities. CROSS REFERENCE Civ. C. 19 /Ex. 2 (1960) Arts. 404-482.
19. Scope of Activities of Associations Public commercial road transport associations sl1all have as tl1 eir purpose tl1e promotion of tl1e interests of their members and the pro111otion of th e- most efficient and econon1ic transport of goods and passengers generally, all tl1r'Jugh tl1e follow• 1ng means: - 660 -
TRANSPORTATION AND COMMUNICATIONS
21-4
(l ) the_ es tabl i�hn1e11 t and o�eration of comm on facilities, such as road stations· , . b fre1g t offices and repair yards; · · · · pr ov e is (2) tl1 io n on a co st b asis , · of equipment and D1<lter1al required for the · . . . • . activities of their members, such as spare part s and fuel; and (3) the self-�nforcen1ent a1nong their 111embers of all laws governing public commercial road transport.
20. Initial Direction and Supervision by the Administrator For such initial �er�od as he sl1all determine, and until the public commercial road transport. �s_soc1at1?n has demonstratrated its ability and willingness to a�sun1e resp?1;1s_1b1l1ty for its own directio11, the Administrator n1ay direct and super" v1�e the_ act1v1t1es of any sucl1 association,. and l1e shall have and exercise during this period all of the powers of the association concerned. 21. Public Commercial Road Transport Fund (1) There shall be established a fund, which shall consist of: (a) all fees collected by the Administration from enterprises engaged in public commercial road transport; (b) all fees and cl1arges collected by the Administratio11 from public com" mercial road transport associations; and (c) all other contributions or donations made to the fund. (2) Such fund sl1all be lodged in a separate bank account in the nan1e of the Administration wl1ich shall be responsible for its expenditure to give effect to the objects and punposes of •the Administration in accordance with its annual budget. (3) The Administrator shall keep account of all receipts and disbursements of the fund. (4) The Administrator shall prepare each year a statement of the receipts and djsbursements during the preceding year, which statement shall be published an.nually in the Negarit Gazeta.
PART IV - FINAL PROVISIONS 22. Exemptions from Payment of Fees and Charges The following sh.all be exempt from the payment of fees and charges. o_ther than reasonable amounts designed to cover only the actual cost of goods provided and services rendered, which are levied in connection with the registration of vehicles and the issuance of driving licences : r he t d ns o an sio mi ar s on c d an c ati lom _ ?-1 dip , � ity oc ipr rec . (1) on the basis of _ r ste 1ru M the h ch w ns at1 n1z ga or · d an s on ssi mi � ? al on ati ern int fo·reign an d to , m l sto na cu 1o at tem m by or t en m ee agr by , led tit shall deterinine are en such exemption; and - 661
21-4 '5
CONSOLIDATED LAWS OF El'HIOPIA
(2) enterprises enjoying special 5tatus under Ethiopian law whose operations are exempt from tax. 23. Power of Delegation ste ini M of cil un Co the by ved �s pro ap s ion lat gu Re (1) The Min.ister shall, by in ort se as rs we po � ! h.is te � ega del a zet Ga ri!· ga the Ne d in d she an publi _ es l1t1 1pa n1c Mu ed ect sel to f reo he 5 le tic Ar of d (b) an (a) hs rap (2) rag pa designated in said Regulations. (2) Said Regulations shall prescribe, inter al.ia: (a) that all conditions and rff:Juirements of general application established by the Minister co11cemin 5 tl1e registration of vehicles and the issuance of driving licences s11all be binding upon and shall be applied and enforced by the Mu11 icipalities; (b) the qualifications of tl1e persons autl1orized to approve the registratio11 of vehicles and tl1e issuance of driving licenses; and (c) the met11od and proportioo of tl1e division of fees and charges payable in connection with �l1e 1egistration of vel1icles and the issuance of driving licences bet\.veen the Min.istry a11d the Mtmicipalities so designated. 24. Penal Provisions Any person viola.ting any provision of this Proclamation or any Regulations issued JJUrsua11t hereto shall, 11po11 ronviction, be guilty of an offence and sl1all be punisl1a.ble in accordance with Penal Code, 1957. CROSS REFERENCE The Articles of the Penal Code prin1arily referred to appear to be Pen. C. 16/Ex. I ( 1957) Arts. 354, 364, 499-502, 746, 782-783.
25. Entry into Force This Procla1nation shall enter in10 force fo11r (4) months from tl1 e date of its publication in the Negc1rit Gazeta. Done at Addis Ababa this 5th dcy of December, 1967. 22/2 (1962) L. 261* REGULATIONS ISSUED PURSUANT TO THE TRANSPORT PROCLAIVIATION, 1943 1. These �egulatio�s a:e issued _by tl1e Mi1tister of Co11 1111u11icatio11s pur suant to at �thor1ty vested m hun by Article 59 of tl1e Transport Procl,11nation, 1943 (Proclamat1011 No. 35 of 1943) (hereinafter tl1e ''Proclan1atio11''). CONSOLIDATION N01"'E , _ln1pl. �,ncl. 25/2� (1 ;966) .o. 46 Art. 2 (19) , 3 �0�1sol. L. Et/1. J 2- (19), (creating tl1e 1v!1n1�try of Commun1cat1ons formerly pa,t of tl1e M1n1stry of Public Works and Comn1u n1cat1ons). . * INTRODUCTORY FOOTNOTE Corr. 22/9 (1963) C. 48; a111d. 23/5 (1963 ) L. 279' 23/23 (1964) L · ?-9?-; ,rrzp · /· a,nd· 25 /23 (1966) 0. 46.
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21-5
2 - T h�se Regtilatio11s n1ay be cited as tl1e ''Vehicle Size and Weigl1t Regula , _ 2 6 19 tions, Definitions 3. In tl1ese Regltlations, unless the context otherwise requires: (a) ''Authorized Officer'' shall mean a person dt1ly authorized by tl1e Department of Con1111t1nications for the pt1rpose of enforcing these and st1cl1 other Regulatio11s concerning transport on the higl1ways as 1nay be specified; (b) ''axle loacl'' s,l1all ,n1ea11 the total load transmitted rt:o the higl1way by all wl1�els wl1ose centres are included in a longitudinal interval meast1nng 011e n1etre (1 m.) or less; •
(c) ''co1:ID11ercial vehicle'' shall have tl1e 1neaning specified in tl1e Procla matlon; (d) ''Di:e·ctor of Highway Transport Control'' shall mean the person designated by tl1e Minister of Communications to ensure and supervise the implementation and enforcement of these Regulations; (e) ''highway'' shall include all roads of any kind within the Empire of Ethiopia except private roads; (f) ''motor vehicle'' shall l1ave the meaning specified in the Proclama tion; (g) ''motor omnibus'' shall have the meaning specified in the Proclama tion; (11) ''public service vehicle'' shall have the meaning specified in the Proclamation; (i) ''semi-trailer'' shall mean every vehicle designed for carrying persons or goods and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle; U) ''trailer'' shall mean every vehicle which bas no independent motor power of its own and which is capable .of being attached to and drawn by a motor vehicle and so constructed thrut no part of its weight rests upon the motor vellicle by wh i ich drawn:· (k) ''truck tractor'' shall mean every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and Io�d so drawn. CONSOLIDATION NOTE g the idin ), . (div 1-2 (19 Eth L. sol. Con 3 19), ( 2 . Art 46 0. 66) (19 23 25/ d. l. am J,np Public Works y of istr Min into new s ion cat uni mm Co and rks Wo lic Pub of try nis r Mi me for and Ministry of Communications).
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CONSOLIDATED -_,AWS OF ETI-:lfOPIA
Prohibition to Move or Drive 4. Except as herei11after provided in tl1ese Regul�tio11s, 110 perso11 sl1all drive or move and no owner shall cause or knowingly permit to be driven or n1oved on any highway any vel1icle or vehicles of a size or weigl1t exceeding the limitations laid dow11 in these Regulations. Restriction as t(l Size of Vehicle
5. (a) The total outside width of any motor vel1icle, trailer or semi-trailer, including the load thereon, if any, shall not exceed two point four (2.4) metres. (b) The toal height oi any motcr vehicle, trailer or sen1i-trailer, includi11g the load tl1ereon, shall not exceed three point eigl1t (3.8) metres. (c) TJ1e overall leng-tl1 of a si11gle motor vel1icle, including tl1e fro11t and rear bun1pers or load tl1ereon, if any, sl1all 11ot exceed eleve11 (I I) n1etres a11d no n1otor 011111ibus s·hall be used in combination with any otl1er vehicle, trailer or sen1i-trailer for any purpose wl1.ile carrying passengers. (d) A. con1 binatio11 of truck tractor and semi-trailer, including front and rear bt1111pers or load thereoo, if any, shall 11ot exceed fourteen (14) metres. (e) No co1nbination of n1otor velicles, trailers or sen1i-trailers sl1aJl consist of n1ore tha11 two (2) u11its, and no st1ch combination, including the fro11t and rear bu111•pers or lead thereo11, if a11y, shall l1ave an overall le11gtl1 in excess of eightee11 (18) metres. CONSOLIDATION NOTE
I
An1d. 23/23 (1964) L. 292 Art. 3.
Restrictions as to Weight of Vehicle
6. (a) No axle of a vehicle shall c.irry a gross load 1n excess of eigl1t (8) metric to11s. •
l
(b) _A11 axle, O·!l1 er tl1an. the front or steerin? axle, carrying a gross load 1n excess oi: (6) metric tons shall be equipped witl1 dual tires, a total uf four (4) tyres of identical �ize for each sucl1 axle. (c) Subject to tl1 e provisions of paragraph (a) of tl1is Article 6, the total g oss weigl1t with load imposed o� the l1jgl1war by any 011e (1) group of� two (2) or 1nore axles of a vel11cle or combination of vehicles shall not exceed tl1 e gross weight given i11 tl1e scl1 edt1le to tl1 ese Regulations. ld) In the scheclule l ? tl1ese R!gulations, the dista11ce controlli11 g tlJe gross allowable weights sl1all be n1easured longitt1dinally between tile _ first and last axle of tl1e total group of axles. - 664 -
I
l
TRANSPORTATION AND COMMUNICATIONS
21-5
Permit to Grant for Special Trip c. �or or hj � deput! duly a11tl1orized in writi11g rr1ay gra11t special Dire The _ _ per1:111ss1on m wr!tm� for single tr1ps i11 on.e ( 1) direction only for operation of a ve1 �1cle ?r con1b1nat1on �f �el1icles, trailer or sert1i-trailer l1aving dimensions or w�1gl1ts 1n ex�ess of the l1m1ts herein prescribed, subject to such conditions as the Director or 111s deputy n1ay reasonably prescribe.
?·
Power of Director to Reduce Loads 8. (a) T:h e Director may in hjs discretion reduce the allowable axle and axle g�oup loads fo,r a reaso11able period of time 011 specific highways or sections tl1ereof wl1e11 Ioacls permitted by these Regulations are likely to cause dan1age to tl1e highways or sections thereof. (b) The Director or his dep11ty autl1o·rizecl in writing may limit tl1e gross loa� permitted to pass 011 a11y bridge, ct1lvert or structure. . (c) Notice of any res,triction or lin1itatio11 imposed purs11ant to paragraphs (a) a11d (b) of t'.his Article 8 s11all be posted on the bridge, culvert, structure, lligbway or section thereof affected and. shall take such other n1easures as are appropriate to advise persons likely to be affected of s11ch restriction or limjtation.
Tare and Gross Weights to be Marked on Vehicles 9. Each commercial vehicle, trailer a.nd semi-trailer shall show on both sides the t,1re weight thereof and the gross weigl1t for which the vehicle, trailer or semi trailer is currently licensed in figures and letters easily legible, at least five (5) centimetres high. Restriction on Projection of Loads 10. No load shall extend more than one (1) metre beyond the front of the foremost part of the vehicle and more than two (2) metres beyond the rear of the bed or body of such vehicle, trailer or semi-trailer; provided, however, that the provisions of these Regulations regarding length shall not apply to poles, pipes, or construction material which cannot be dismembered; and provided, further, that no pole, pipe or other material exceeding eightee11 (18) metres in length shall be transported without special permit from the Director. 11 - 13 [Repd. 23 / 5 (1963) L. 279 Art. 3, 21 Consol. L. Eth. 6 (3). ] Exemptions 14. The provisions of sections 4,. 5, 8 a11d 9 of. these Regulations sh� ll not apply to fire apparatus or road machinery temp?rarily 1!1-oved over the h1ghway or to a vehicle moving under the terrns of a special per1n1t. Power to Stop, Inspect, Measu.re or Weigh Vehicles 15. (a) Any police officer in unifor.m, �pecifically design� ted for such purP ? se, or any authorized officer, having reason to bel�eve that any ve�cle, whether laden or unladen, does not comply with these Regulations, may require the driver to stop and produ�e his driv!° g licence and . . submit said vehjcle to measurement, mspect1on and we1gh1ng. -- 665 •
21-5
CONSOLJDATED LAWS OF ETHIOPIA
(b) Weighing such vehicle shill be effected by either portable or stationary scales at the locatio11 where said vehicle has bee11 so stopped.
•
(c) Where an Authorized Officer or any designated police officer upon weiglting a vehicle and its load finds the weight in excess of those prescribed herein, tl1e Autl1orized Officer or designated police officer shall then require the irr.media :te removal in the nearest town of the excess weigl1t to the limit per1nitted by these Regulations. (d) No Authorized Officer or designated police officer shall assume any responsibility for the safe:y of anything to be unloaded. (e) Where a vehicle or con1bi.Jatio11 of vel1icles is found not to comply ,v.itl1 the provisions of tl1ese R�gulatio11s, the Autl1orized Officer or desigi1ated police officer shall in.form tl1e driver of sucl1 vehicle or combina tion of vehicles that he will be prosecuted for a contravention of these Regulations. Such Authorized Office or designated police officer, before allowing tl1e vehiclt or co111bination of vehicles to proceed, shall make a full note of tl1e in5pection, weight or measurement togetl1er witl1 the name of the owner, d:iver and registratio11 number of such vehicle or combination of vehicles. Penalty 16. Any person who contravenes :the provisions of these Regulations or fails to comply with tl1e terms of any permit issued hereunder shall be guilty of an offence and sl1all be liable on co11viction to the penalties prescribed in the Penal Code of 1957. CRO.SE REFERENCE TJ1e Articles of the Penal Code primarily referred to appear to be Pen C. 16/Ex. t (1957) Arts. 354, 364, 499-502, 746, 782-7:3.
17. The�e Regulations sl1all corr.e into force on the date of their publication 1n tl1e Negc1r1t Gazeta. .
SGIBDULE Dista11ce in centimetres between the first and last axle of the groi,p
M axin1.utn loacl I,z kilogra111s on groi,p of a.ties
120
I
I I
14,515
150
14,515
185
14,515
215
14,515
245
14.790 - 666 -
l
I
TRANSPORTATION AND COMMUNICATIONS
275
15,230
305
15,670
335
'
16,105
365
16,545
395
16,975
425 455
17,400 17,875
485
18,250
520
18,670
550
19,085
580
19,500
610
19,915
640
20,320
670
20,730
700
21,135
730
21,530
760
21,930
790
22,325
820
22,720
855
23,110
885
23,495
915
23,880
945
24,265
975
24,645
1005
25,020
1035
25·,395
1065
25,765 26,130
1095
•
1130
26,500
1160
26,860
1190
27,220
1220
27,580 - 667 -
21-5
21-5,6
CONSOLIDATE.D LAWS OF ETHIOPIA
27,930
1250
28,285
1280
28,635
1310 1340
28,980
1370
29,325
1400
29,665
1450
30,175
1500
30,675 CONSOLIDATION NOl�E
Corr. 22/9 (1963) C. 48.
Done at Addis Ababa this 31st daJ of October, 1962. 23 / 5 (1963) L. 279*
REGULATIONS ISSUED PURSUANT TO TH.E TRANSPORT FROCLAMATION, 1943 1. Issuing Authority: Tl1ese Regulations are issued by ilie Minister of Con1munications pursuant to autl1orit)' vested in l1im by Article 59 of the Trans·port Proclan1atioi1, 1943 (No. 35 of 1943), as amended. CONSOLIDATION NOTE /"ip/. an1d. 25/23 (1966) 0. 46 Art. 2 (19), 3 Consol. L. Eth. 1-2 (19), (dividing the former Ministry of Public Works and Comnunications into ne\v Ministry of Public Works and Comn1unications).
2. Short Title: These Regulations may be cited as the ''Tra11sport (A111e11dn1ent) Regulations, 1963''. 3. Repe.al: The following Legal Notices are her�by repealed: (1) Legal Notice No. 16 of 1943; Articles 3, 4, 5, 7, 9, 10-17 in cl tisive; (2) Legal Notice No. 17 of 1943; (3) Articles 20 through 23 inclusive of Legal Notice No. 37 of 19 43 · (4) Article 3 of Legal Notice No. 28 of 1943; (5) Legal Notice No. 38 of 1943; "'INTRODUCTORY FOOTNOTE Corr. 23/6 (1963) C. 51; amcl. 23/20 C.964) L. 290, 28/9 (1969) L. 361; itnJJI. anicl. 25/23 (1966) 0. 46.
- t68 -
TRANSPORTATION AND COMMUNICA'flONS
21-6
(6) Legal Notice No. 39 of 1943·, (7) Legal Notice No. 45 of 1944·,
(8) Lega.I Notice No. 54 of 1944·' (9) Legal Notice No. 57 of 1944·,
(IO) Legal Notice No. 65 of 1944·, (l l)Legal Notice No. 77 of 1945·' (l 2) Lega.I Notice No. 80 of 1945·'
(13 Legal Notice No. 84 of 1945; (14) Legal Notice No. 107 of 1947 a11d (15) Articles 11 througl1 13 inclusive of Legal Notice No. 261 of 1962. CROSS REFERENCE Vehicle Size and Weight Regt1lations, 22/2 (1962) L. 261, 21 Co11sol. L. Etlz. 5.
PART I DEFINITIONS CONTROL OF TRAFFIC GENERALLY
4. De.finitions: In these Regulations, unless the context requires otherwise, the following terms shall h.ave the meanings prescribed below: (1) ''animals'' - all domes,tic animals but not including cats and dogs; (2) ''Board'' - the Transportation Board established by Article 18 of the �ocl�ation; (3) ''Commercial vehicle'' - the meaning specified in the Proclamation; (4) ''dimming of headlights'' - changing the high beam of the headlights to the low beam; g in rv se or g to in ng lo be cle. hi ve a , ce lan bu am an (5) ''emergency vehicle'' · r ed fo us d d an ne sig de cle hi ve a or e lic Po e th or es rc Fo with the Armed its ce of an rm rfo e pe th in ng lli ve tra is it at th on iti firefighting, on cond ht lig ue bl or d t re en itt rm te in an by ied tif en id is d an s emergency dutie a by n ve gi ls na sig ng ni ar w e bl di au by or d/ an nt fro emitted towards the siren o r a bell;
669 -
21-6
CONSOLJDATED LAWS OF ETHIOPIA
(6) ''intersection'' - an area creat�d by the meeting of t�o (2) or more ro�ds and bordered by the actual or imaginary prolongation of the borderlme of these roads� (7) "lane'' - t1.1at part of a roac sufficiently wide to carry one (1) line of vehicles; (8) ''ligh·ting-up time'' - the period of time between sunset and sunris_e and _ any other time when visibility is limited or curtailed by weather cond1t1ons; (9) ''motorcycle'' - the meaning ipecified in the Proclamation;
(10) ''motor omnibus" - the meaning specified in the Proclamation; (1 I) ''motor vehicle" - the meaning specified in the Proclamation; (12) ''municipal area" - the area mder the direct administration of an)' muni cipality or local council; (13) ''municiipal road'' - any road witlrin the bou11dary of a n1unicipal area; (14) "one way street'' - a road on which vehicL1lar traffic is permitted to proceed in one direotion 011ly; (15) ''parking'' - tl1e standing of a vel1icle, whetl1er occupied or not, for any period of time longer than tl1e mini1num required for the loading or un loading or n1erchandise or passengers; '
.
'
(16) ''pedestrian crossing" - that part of the road intended for crossing by pedestrians and indicated as s1cl1 by marking on rt.he surface of the road or by roadsigns; (17) ''proclamation'' - the Tra11sp:>rt Proclan1atio11, 1943 (No. 35 of 1943), as amended; (18) "public service vel1ic]e" - shall 11ave the n1eaning specified in the Procla mation; (19) ''railway crossing" - the inter�ection of a road and a rail,vay line; (20) ''right" and ''left'' - tl1e right s·ide or :left side in relation to the direction
of movement;
(21) ''road" - that part of ,l higl1w,y, secondary road or district road intended for vebicu !ar traffic _ or �hicl1 111s bee11 metalled or otherwise prepared for such traffic or which 1s generally used by vehicular traffic, excluding, however, the sl1oulder of tl1e roadway; (22) '' :oadsign'' � any sign or marti11g, designe � and published by the Road sign Authority, for tl1e purpose of regt1latu1g and directing traffic and advising and warning road use1s; (23) ''Roadsign Aut11ority'' - a con1n1ittee established by the Board wl1icl1 s-hall consist of tl1e following;
-670 -
TRANSPORTA'flON AND COMMUNICATIONS
21-6
(a) in each mtlllicipali,ty and town; a representative of the Minister of Co111111unications; the Mayor or a .representative designated by him; a11d the Chief Police Ofticer or a representative designated by him; (b) in each Teklay Ghizat; a representative of rthe Minister of Cornn1unications; the Governor of the '"fek.lay Ghizat or a representative designated by him; the Chief Police Officer of tl1e Teklay Ghizat or a representative designated by ltim; and the Director of tl1e In1peri,tl I-Iigl1way Autl1ority or a representative designated by l1in1; Eacl1 Roadsign A11tl1ority sl1a.ll be responsible to the Board and shall carry out its activities in accordance witl1 policies established and ins tructions iss11ed by the Board from time to time. The Board may from time to tin1e issue instructions and notices consistent with the provisions hereof which sl1all be binding upon tl1e public and each Roadsign Authority, which instructions ai1d 11otices shall be implemented by the Roadsign Authorities. (24) ''sen1i-trailer'' - every vel1icle designed for carrying persons or goods and for being drawn by a motor vehicle and so constructed that some part of its weigl1t and that of its load rests upon or is carried by another vehicle; (25) ''standing'' - the temporary halting of a vehicle whether occupied or not, for the purpose of loading or unloading merchandise or passengers, and while actually engaging in loading or unloading; (26) ''stopping'' - any halting of a vehicle, even momentarily, whether occupied or not; (27) ''stopping line'' - a marking across a road, bei11g the limit for stopping when ordered or required to do so by a traffic control signal, a stop sign or a policeman on point duty; (28) ''truck tractor'' - every motor vehicle designed and used pr,imarily for drawing other vehicles and not so contsructed as to carry a load other than a part of the weight of the vehicle and load so drawn; (29) ''traffic'' - pedestrians, animals, whether ridden, driven, herded or led, vehicles and other conveyances, either singly or together, while using any road for purposes of travel or locomotion; (30) ''traffic control signal'' - a road sign, operated manually, mechanically or electrically, by which traffic is alterna,tely directed to stop and to proceed; (31) ''trailer'' - every vehicle which has no independent motor power of its own and which is capable of being attached to and drawn by a motor vehicle and so constructed that no part of its weight rests upon the motor vehicle by which drawn; (32) ''train'' - any vehicle or locomotive moving or travelling on the rails of a railway line;
671 -
21-6
CONSOLII)ATED LAWS OF ETHIOJ) IA
(33) "vehicle" - the mear1ing specified in the Proclamation; and (34) ''vel1icle in tow'' - any vehicle not a trailer or semi-trailer being towed by another vehicle. CONSOLIDATION NOTE A,ncl. 2_3/20 (1964) L. 290 Art. 3; impl. amd. 25/23 (1966) 0. 46 Art. 2 (19), 3 Corzsol. L. Eth. 1-2 (19).
5. General Provisions:
(1) Negligent arzd reckless driving: No person shall drive a vehicle on any road: (a) recklessly, or at a speed or in a ma.nner likely to e11 danger the public, taking into consideration all prevailing circumstances, including the quality of the road and the condition and amoU11 t of traffic on it, or the conditio11 and an1ount of traffic that could be reasonably expected, or (b) negligently, witl1ot1t due care a11d attentio11 , or withot1t due conside ration for other road users. (2) General Ri,les for Roacl Users:
A road user shall behave cat1tiot1sly and circumspectly, and in sucl1 a n1 anner that: (a) the right of the public to make 1n,1ximum use of tl1e road is safeguard.ed; (b) no damage is caused. or likely to be caused to life or property; (c) no obstruction is caused or likely to be caused to traffic; and (d) no danger is cat1sed or likely to be caused to tl1e public.
!.
l
(3) Roacl Sig11s; Sig11als Give11 by Police1rze11:
(a) Except as provided in paragrapl1 (b) below, a road user shall obey all directives given by a11d througl1 road signs. (b) A road user shall obey promptly all orders, directives �lnd signals given by a policeman in u11iform, even thougl1 contrary to tl1e provisions of those �egulations or �ny _other . regulations n1ade by tl1e competent autl1or1t1es, or to any d1rect1ves given by or tluougl1 road. signs.
!
(4) Driving by Lice11secl Drivers Onl)1 :
Only a person autl1orized under Article 29 of tl1e Proclan1atio11 n1ay drive a n1otor vehicle. (5) Tl1e Dri11er: No person sl1all drive a vehicle: (a) while tinder tl1e influence of intoxicating drugs or dri r1k; (b) if l1e is unable to drive with reasonable safety due to J1 is pl1ysica1 condition; or (c) if he is t111a�le to drive witl1 reaso11able safety due to l1is mental con dition. (6) Prohibitiori to Dri1 e ci Vel1icle: 1
- 672 -
I
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,.fRANSPORTA'fION AND COMMUNICATIONS
21-6
(a) No _person shall drive a vehicle unless the vebjcle's constrt1ction, eqt1ip ment and condition co11form witl1 the provisions of tl1e Proclamation and tl1ese Regulatio11s and any other regulatio11s issued by the com petent authorities. (b) No person shall drive a vehicle on any road, if J1e, tl1e vel1icle or the road are in a condition likely to prevent or impede: (i) full control of the vel1ic1e; or (ii) clear visibility of the road and of traffic. (7) Obligation to Co11trol tl1e Motion of Vehicular and Animal Traffic:
(a) A driver of a vehicle shall keep bis l1ands on tl1e steering wl1eel or the handlebars as long as tl1e vel1icle is in motion. (b) A person riding, drivi11g, l1erding or leading an animal shall take every precaution to control tl1e motion of the animals on a road.
6. General Traffic Rules: (1) Trciffic on the Right:
Unless otherwise provided in these Regulations, no person other than a pedestrian shall travel on a road otherwise than on tl1e right half of the road and ,1s near as possible to the right edge of tl1e road. (2) Slo111-Moving Ve/1icles:
A vehicle moving slowly in relation to other traffic moving near it and in the same direction s,hall travel at the extreme right edge of the road. (3) Obstri1ctio11 of Visibility:
If visibility is obstructed or of limited range, a driver of a vehicle shall not change the lane in which he is travelling.
(4) Use to be made of Roads:
(a) Wherever there is a road, a driver of a. vehicle sl1all use only the road for the purpose of travel. (b) Where a special lane has been provided for certain type of vehicle, a driver of such a vehicle shall travel only in that lane, and drivers of vehicles of a different type shall not travel in that lane. (5) Divided Road:
(a) w·here a road has been divided lengthwise by curbstones, traffic isla.nds, greenstriips and the like, each half of the road shall be deemed to be a one-way street. (b) Where a road has been divided leng�wise . by an unint�rrupted line of paint, all traffic shall move on the right side of such l1ne and shall not cross it to the left side unless an interrupted line of paint appears at the right side of the uninterrupted line.
- 673 -
CONSOLIDATED LAWS OF ETHIOPIA
21-6 7. Traffic Signals:
(1) The sig11al ''proceed'' shall be given:
(a) by a tra.ffic control signal - by showing a green light or green colour; (b) by a policeman - by stretching out one or both arms in the direction traffic is allowed to proceed, with the palms of the hands open and parallel to that direction. (2) The signal ''stop'' sl1all be gi11en:
(a) by a traffic control signal - by showing a red light or red. colour; (b) by a policeman - by stretching out 011e or both arms across the � e. of traffic to be stopped, with the palms of rt.he hands open a11d pomting to the front. (3) The sig11al ''atte11tiori" s/1.all be given: (a) by a traffic control sigi1al - by showing an amber light or amber colour, or by showing a1nber and red ligl1ts or amber and red colour simulta neously; (b) by a policeman - by stretching 011e arm vertically over rthe head. l4) A sigt1al given by a policeman sl1all be obeyed, even though not given in tl1e exact manner provided herein, if tl1ere is not rea.sonable d.oubt as to tl1e intention of the policeman.
8. Meaning of Traffic Signals: (1) The Signal ''proceed" sl1all 1nearz:
(a) Wl1ether given by a traffic control signal or a policeman: (i) traffic is allowed to proceed straigl1t ahead and to tum right; and (ii) pedestrians may cross tl1e road in the direction in which traffic is proceeding; (b) if given by a traffic con itrol signal: (i) as in paragraph (a) above; (ii) !u �g to �he left is !?rbi?den_, unl�ss there !s no traffic approach � g fr?m the opposite drrect1on, if there 1s such traffic, traffic mtencling to turn to tl1e left sl1all wait for the sicrnal ''attention''· O , and (iii) if a green arrow is sho� n by t�e tr�ffic control sign al, traffic is also allowed to proceed 1n tl1e d1rect1on of tlie arrow· , (c) if given by a policen1an: (i) as in a paragra.pl1 (a) above; and (ii) traffic shall turn to tl1e left only upon an explicit signal by the policeman. (2) The sig1zal ''stop'' s/1all 11·1ea11: - 674 -
i I
l
'
,..fRANSPORT1:\TION AND COMMUNICATIONS
21-6
(a) all traffic shall come to a stop at tl1e stopping line or at t11 e near line of the pedestrai11 crossi11 g. If 110 stoppi11g line 01· pedestrian crossing is marked on tl1e roacl, traffic sl1all stop .in st1cl1 a place as not to impede or obstrt1ct the flow of traffic or pedestrians in the cross\vise direction; and (b) pedestrians n1ovi.11g in tl1e same clirectio11 as tl1 e traffic being stopped may not cross tl1e road. (3) tl1e signal ''attentiorz'' sl1c1/l
111ea11:
(a) if given after ''proceed'' - all traffic not having e11tered tl1e intersection sl1 all stop at the stoppi11 g line. Traffic ,having already entered the inter section shall clear it fortl1 witl1 ; (b) if give11 after ''stop'' - 1nake reacly to IJroceed but do not ·proceed before the ''proceed'' sig11al is give11; (c) pedestrians may not cross tl1 e road; a11d (d) traffic waiti11g to tt1rn to the left shall do so as soon as all other on coming traffic has cleared tl1e i11tersection.
9. Flashing of Intermittent Red or Amber Light: (1) If at any intersection a -traffic control signal is flaslung an intermittent red
light, a driver of a vehicle shall stop l1is vehicle before the stopping line or the pedestrian crossing and s,hall proceed only after having made sure that he can do so without danger to himself and to otl1er road users. If no stopping line or ped.estrian crossing is marked on the road, be shall stop his vehicle before entering the intersection and then proceed as above.
(2) If at any intersection a traffic control signal is flashing an intermittent amber light. a driver of a vehicle shall slow the speed of his vel:licle and proceed with caution.
PART Il USE OF ROADS 10. Obstruction of Movement: No person shall, without due legal authority, commit any action, whether intentionally or negligently, which is likely to obstruct, impede, curtail or endanger the general use of a road, to slow down the normal and permissible speed of travel, or to obstruot in any way free movement on the road.
11. Placing Objects on a Road: No person shall, without �ue �ega! authority, place or cause t? be placed on any road any object which 1s likely to cause an �bstru�t1on,_ danger or annoyance to other road users or to har1n them or their . vehicles 1n any way. Any person having inadvertently done so shall forthwith remove or cause to be removed any sucl1 object from the road.
- 675 -
21-6
CONSOLIDATED LAWS OF ETHIOPIA
12. Damage to Roads: No person shall drive or tow a vehicle on a road if its wheeJs, wl1eelrin1s or any other of its parts cause or are likely to cause any damage to _ the road by reason of their construction, faulty co11dition or faulty moun-t1og. 13. Repair of Vehicles on a Road: (1) No person shall repair a vehicle on a road; pro':ided, however, th�t in the event of any minor brea,kdown or fault wh1 cl1 prevents continua tion of travel, necessary repairs may be performed on the spot in order to permit the moving or removing of the vehicle; provided, further, that such repairs do not cause any obstruction or inconvenjence to other road users; and provided, further, that in no event may any such vehicle be left on the same spot for a continuous period of: (a) forty-eight (48) hours, in the case of roads out side a municipal area; and (b) six (6) hours, in the case of roads within a municipal area. (2) If a vehicle subject to this Article 13 is left 011 tl1e same spot for a con tinuous period longer tl1an that specified in paragraph (1) above, the provisions of Article 42 hereof shall apply. (3) Any perso11 who removes a damaged or broken dow11 ve·hicle from a road shall also remove from tl1e road all glass and other material or objects likely to cause da.mage or co1 1stitute a danger to otl1er road users. 14. Gases, Smoke and Oil: No person shall drive or park on a road a11y vehicle whics is exuding or emitting gases, smoke, va.pour, oil or fuel at an an1ou.nt hig.her than that usual for vehicles of the same type in good state of repajr and wl1icl1 is likely to cause annoyance or damage to other road users. 15. Excessive Noise: No person shall drive on a road any vehicle wl1icl1 is causi11g, whether because of the ve �cle's s, tate o! disrepa !l", tl1e poor co11dition of any of its parts or faulty loadmg, more noise than 1s necessary for its norn1al operation. 16. Restrictions on Use of Designated Roads: Th� Roadsign Au�ority may re�trict o: prol1ibit, by regulation, by public notice, or by roads1�,. th� e _nt �y into, exit ot �t of or use of any road or part of any road under its JUr1sd1ction for all vehicles or any type of ve11icle for pedestrians or for anin1als. - 676 -
TRANSPORTATION AND COMMUNICATIONS
21-6
PART III SPEEDS 17 - 18 [Repel. 28 /9 (1969) L. 361 Arts. 3, 4, 21 Consol. L. Eth. 9.] 19. Slowing Down:
A �ri�er of a vehicle shal � slow doy,rn tl1e speed of his vehicle when approaching _ an �nters �ct1�n, a pedes �a� crossmg, a curve, a narrow bridge or the top of a hill or 1ncl1ne, ���n_ dr1 :v1ng on a narrow bridge or on a narrow or winding road, whe�ever v1s1b111ty 1s limited or restrioted, and wl1ere a special danger to pedestrians or other road users exists. PART IV
TRAFFIC RULES 20. Driving Behind Another Vehicle:
Every person driving a vehicle behind another vehicle shall keep a sufficient distance from the vehicle in front as to be able to stop at any given moment without danger of an accident, taking into consideration the speed of both vehicles, the condition of the road, the visibility and the amou.nt and condition of traffic. 21. Convoys:
A person driving a vehicle in a convoy composed of four (4) or more vehicles, outside of a m11oicipal area, shall keep a sufficient distance between Iris vehicles and the vehicle in front of his as to permit any other vehicle to enter into that space without danger; provided, however, that this provision shall not apply to parades or fune·rals. 22. Meeting: (1) If two vehicles, travellin.g in opposite directions, meet on a road which is not wide enough to permit the safe passage of both vehicles without their swerving from their line of travel, both drivers shall slow their speed and turn as far as possible towards the right edge of the road.
(2) A driver of a vehicle descending a hill or incline �hall cede prior�ty to the ascending vehicle; provided, however, that �e driver of �ny vehicle ?�er ty g, on e din pn ced en or asc ing nd sce de er eth wh , all sh us inb om tor mo a n tha to an on coming motor omnibus.
23. Overtaking: . e ly t sid on lef its cle on hi ve r he ot an ke ta e.1T 0V. l al sh e cl hi ve a er of (1) A driv
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CONSOLIDATE£ LAWS OF ETIDOPIA
(2) No driver of a vehicle sl1all o\ertake another vehicle unies� the road ah� ad is clear of oncoming traffic for a sufficient distance to perm!t the overtakmg vehicle to complete tl1e overtaking witl1out danger or hindrance to any oncoming vehicle or to tl1e vehicle overtaken. (3) A driver of a vel1icle shall nol overtake anotl1 er moving vehicle : (a) if visibility is limited or ltis field of vision is restricted or obstructed; (b) when approacl1ing tl1e top of a hill or incline, a bridge, a tunnel or a curve in the road; or (c) witl1in thirty (30) 111etres of a11 intersection or a railwa.y crossi11g. 24. Vehicles Being Overtake11:
A driver of a moving vel1icle being overta.ke11 by another vel1icle shall tum to the rigl1t of tl1e road a11d sl1all 11ot increase speed before the overta.king vehicle has l)assed llim completely a11d 11'-s ret11rned to the right side of the road at a safe distance al1ead of the vel1icle overtaken. 25. Change of Direction: (1) Turning to tl1 e Left: A driver of a vel1icle sl1all not cross to the left of
a road:
(a) if visibility is lin1ited or l1is field of visio11 is restricted or obstructed; (b) whe11 approacl1ing the top of a hill or incline, a bridge, a turu1 el or a
curve in tl1e road;
(c) witl1i11 tl1irty (30) 111etres of an intersection or a railway crossing; or (d) where an uninterrL1pted line of pajnt l1as been marked on a road. (2) Driving Aroi,ncl a Tra.ffic lslc.nd: A l)erson driving a vel1icle around a traffic isla.nd sl1all do so on tl1t rigl1t side of tl1e traffic isla11d only. (3) Road Divided irito La11es: (a) Where a road. has bee11 di'Vided into lanes, a driver of a velt icle shall not change from 011e lane illto anotl1er unless he l1as n1ade certain that l1e c?11 do so \Vi,tho11t e11da:ngeri11g or l1indering oncoming or following traffic. (b) Wl1ere � road l1as bee11 �iv. ?ed into tlrree (3) or five (5) lanes, a driver
of a vehicle sl1all not drive 1n tl1e centre lane 111tless; (i) be is preparing to lurn to the left; (ii) be is overtaki11g a11oili!r vel1icle; or
(iii) tl�e lane is i �te11ded �c marked for one way traffic in tl1e direction _ h1s vehicle 1s travelling. -678 -
TRANSPORTATION AND COMMUNICATIONS
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26. Turning and Reversing: (1) Ti11·rzir1g a11-d C/1a11ging Directiort: No driver of rt vehicle shall turn into
another road, or cl1ange in a11y way tl1e direction in wl1icl1 l1e is travelling, or change the directio11 of l1is stationary vehicle wl1e11 starting to move, unless l1e has 1nade certain tl1at l1e can do so withot1t e11dangering or hindering any onco111i11g or following traffic.
(2) Turning to the RilJtzt: A driver of a vel1icle t11rning to tl1e rigl1t shall do so
only fron1 a positio11 as near as IJossble to t11e rigl1t side of the road and only if no vellicle is travelling on his rigl1t side.
(3) Ti1r11irig to the Left: A driver of a vel1icle turning to the left shall do so from a position as near a.s possible to the ce11tre of the road and only if no vehicle is approaching from tl1e opposite direction. (4) Reversi11g: No driver of a vel1icle s11a.ll reverse unless it is absolutely necessary to clo so, and only to tl1e extent of tl1e necessity, and only after he has taken every precat1tion, considering all the circumstances, to avoid annoyance, hindra11ce, damage or danger to life and property. 27. Railway Crossings: (1) S101-ving Down: Wl1e11 ,1pproa.cl1i11g a railway crossing, ·a driver of a vehicle
shall slow his speed so as to be able to stop on the spot s,hould the need arise, and shall take every precaution to ensure that he can proceed and pass the crossing without any danger or hindrance.
(2) Stoppirzg: When approaching a railway crossing, a driver of a vehicle, whenever any of the following conditions prevail, shall stop his vehicle at a distance of not less tl1an six (6) metres from the nearest rail and shall not proceed u.ntil the railway gates have been opened, or if no gates are installed, until the train has passed : (a) while a sign or a signal warning of a.n approaching train is being given, either by a guard or by any mechanical or electrical signal; (b) while the ga,tes are lowered, or while they are being lowered or lifted; OT (c) while an approaching train can be seen, heard or noticed in any other way. (3) Railway Gates: No person shall pass over, under, through or a.round a railway gate while it is lowered, or while it is being lowered or lifted, while it is being closed, is closed or is being opened. (4) Stopping of Motor Om.riibuses and Vehicles Carrying Dangerous Materials: (a) A driver of a motor omnibus or a vehicle transporting explosive, com b·ustible or inflanunable material or a vehicle carrying more tha.n eight (8) passengers, shall, when approaching a railway crossing, stop bis vehicle at a distance of not less than six ( 6) metres from the nearest rail and shall look and listen in both directions of the railway line in order to ensure that no train is approaching and that no warning signal is being given of an approaching itrain, and be shall proceed only after having made certain that he can do so without any danger from any approaching train.. '
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CONSOLIDATEC LAWS OF ETHIOPIA
(b) Paragraph (a) above shal not apply to a railway crossing within a municipal area. '
(5) Prol1ibition against Cl1angir1g Gear: (a) A driver of a vehicle, wl1en approaching a. railway crossi11g, and before reaching a point six (6) metres from the nearest rail, shall ta.ke all measures so as to be able tJ pass the railway crossiI1g wit11out changing gear as long as the vehicle moves between that point and a point six (6) metres beyond the railvay crossing. (b) No driver of a motor vehicle shall change gear as long as the veJ1icle is witl1in six (6) metres of a 1ailway crossing. 28. Signals:
(I) War11i11g Sig11als before Tur,ziR.g, Slolving or Stoppi,zg: (a) Before turning, cl1anging C:irection, slowing or stoppng, a driver of a vel1icle shall give due warrdng by sign,11, except wl1en tl1ere is reason able justification for not be(ng able to give such a signal. (b) N·o signal shall be deemed to have been give11 u11less it was given in such a 1nanner as to be clearly visible and understandable to other road users i11 tl1e immediate vicin.ity, including traffic following behind. (c) A driver of a vehicle shall give warning signals early enougl1 a.nd at a sufficient distance to allow otl1er road users to perceive then1 and to be on guard accordingly. (2) Means of Signalling:
(a) Warning signals as prescribed in paragraph (I) above shall be given by mecl1anical or electrical appliances. In the event of the failure of such appliance, a driver shall give warning signals by hand. (b) A driver shall be resopnsiJle for the good working condition of tl1e warning applia11ce on l1is vehicle, and tl1e mecl1 a11ical failure of any such appliance shall be no defence for failure to give the required warning signal. (3)
1vfea11ing
of Sig,zals:
(a) Signals give11 by mecl1anical or electrical appliances: (i) Turn or cl1ange of direction to the right: by sl1owing a11 illuminated arr �w or �ndicator on the righ� side of the vel1icle, or by showing an 1ntern11ttent reel or an1ber light on tl1e rigl1t rear and a.11 inter mittent white or an1ber light on the right front of tl1e vehicle. (ii) Tu.rn or change of direction to tl1e left: by sl1 owing an illluminated ?rrow _or indicator on the I �ft side of the vehicle, or by showing an mterm1ttent red or amber light on tl1e left rear and an intermittent white or an1ber light on the left front of the vehicle.
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(iii) Slowing down and stopping: by showir1 g at least one red light, other than the normal ta il ligl1ts, 011 the rear of the vehi cle. (b) Si¥11als given by hand fo r right hand driv ve e hicles: (I) �um or ch ge of direction to the right: by stretching out the � ng ht arm honzontally, with the open palm downwards. .. (11) Tu� or change of direction to tl1e left: by a counterclockwise tur m?g movement of tl1 e right l1a11d and arm. ... (111) Slowing down and stopping: by an up-and-down movement of the outstreched right arn1 with tl1e open palm downwards. (c) Signals given by hand for left hand d.rive vehicles: (i) Turn or change of direction to the right: by a clockwise turning movement of the left l1and ancl ,1rm. (ii) Turn or change of direction to tl1e left: by stretching out the left arm � 1orizontally with the open palm dow11wards. ... (111) Slowing down and stopping: by an up-and-down 1novement of the otrtstretcl1ed left arm with the open palm downwards. (d) Receiving Sig11als: A driver of a vehicle, after having been given a signal according to p , aragraph (3) above by the driver of a vel1icle travelling in front of his vehicle, shall slow down or shall stop when the need arises and shall take every precaution in order to permit the signalling driver to tum, change direction, slow down or stop, as the case may be, without hindrance.
29. Appliances for Audible Warning: Unless expressly provided otherwise in tl1ese Regulations, and unless a due legal per111it has been given by the Board or otl1er competent authority, no driver of a motor vehicle shall give an audible warning signal by means of a siren, whistle or bell, or by an appliance installed in or mounted on the exhaust system of the vehicle, or by any other appliance not legally permitted.
30. Use of Audible Warning: No driver of a vehicle on a m11nicipal road shall give an audible warning . unless absolutely necessa.ry to prevent immediate danger, and unless rthere is no other way to prevent that danger, a11d only on condition that the warning s,hall be as short as possible und.er the circumstances. No person sl1all give an audible warning while the vehicle is stationary.
PART V PRIORITY 31. Approaching and Entering an Intersection: A driver of a vehicle approaching an intersection shall cede priority to cross the intersection to any vehicle that had already entered the intersection. If two or more vehicles are approaching the intersection from different directions at the same time, a driver shall cede priority to a vehicle approaching from the right side. Wherever a traffic circle is installed at an intersection, a driver of a vehicle approaching the circle on any road shall cede priority to all vehicles already circling the traffic circle.
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CONSOLIDA1"ED LAWS OF ETHIOPIA
32. Turning Left at an Intersection: A driver of a vehicle wl�o, havirg ente�ed an inters�ctio , intends to � . �� � to the left, shall cede pr1or1ty to a vehicle approaching from the opp i . direction if the approachi11g vel1ic:e is sufficiently close so that danger of a collision exists. 33. Entering a Priority Road:
(1) A driver of a vehicle approaching an intersecti�n with another r? a� vvhicl1 has been marked as a -prority ro�d by a roads1� shall c�de pr1or1ty _to a vehicle on the priority road .1pproacl1ing tl1e 1nteresect1on from either direction. (2) A Driver of a vehicle approaching an intersection in front o f which a s� op sign has been installed s11all brirrg tl1e vel1icle to a full stop at the stopping line, or at the pedestrian crossing, or at tl1e nearest point giving him a full view of the crossing road, a11d. shall cede priority to a vehicle approachng on that road. 34. Entering a Road from a Private Road:
A driver of a vehicle enteri11g ai1y road fro111 a private road, alley, building exit or plot shall before crossing tl1e sidewalk or the shot1lder of tl1 e road. cede priority to pedestrians and to -vehicles approaching on tl1e road. 35. Approaching a Pedestrian CrossinJ:!:
A driver of a vehicle approaching a pedestrian crossing sl1all slow l1is speed, and if pedestrians are crossing the road at that mo1nent shall stop and permit them to cross the road in safety. For the purpose of tl1is Article 35 ''road'' sl1alI n1ean tllat part of tl1e road i1Jtended for traffic in the direction in whlch said veJ1jcle is travelli11g. 36. Emergency Vehicles:
(1) When an emergency vellicle is a1)JJroacl1ing, all persons 011 tl1e road on which the emergency ve]1icle is approacl1i11g or is due to pass shall act as follows: (a) Drivers of veJ1icles a11d l1 erd!rs of animals shall imn1ediately drive t11eir vellicle or their anin1als to tl1e extreme right edge of tl1e road and as far away fro1n i11tersectioos as possible. Said drivers sl1all thereafter remain stationary ancl shall not proceed until tl1e emergency vehicle l1as passed. (b) Pedestrians 011 tl1e road sl1 all leave the road in1 1nediately. (2) No driver or passenger . i11 any \1 ehicle otl1er -tha11 an en1 ergency vehicle shall emit a red or blue forward ligl1t from said vehicle or give a11y warning signal by siren or bell.
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37. Special Regulations Covering Emergency Vehicles: (1) A driver of a11 e1 11erge11cy vehicle is permitted, while performing his duty, _ bt1t only msofar as tl1e performa11ce of his duty reqt1ires: (a) to stop, sta11d and park wl1en tl1e san1e is otherwise prohibited by these or any other Regulations; (b) to proce�d through a stop sign witl1ot1t stopping but only after having slowed his speed sufficiently in order to enst1re safe passage; (c) to exceed the speed li 111it; and (d) to disregard regt1latio1 1s and ro,1d sigi1s regulati11g direction of traffic _ and turnings. (2) N �twithstanding a11y provision of paragrapl1 (1) of this A.rticle 37, any dnver of a.n emergency vehicle sl1all co111ply with the provisions of Article 4 ( 5) hereof. (3) No person shall drive a vel1icle at a distance of less tl1an one hundred (100) metres behind an emergency vehicle unless l1e is the driver of another emergency vehicle performing t11e same duties a.s the first emergency vehicle.
PART VI PARKING 38. Prohibition of Parking, Standing and Stopping: (1) No driver of a vehicle on any roa.d other than a municipal road shall stop or park his vehicle or lea.ve it standing, whether attended or not, on that part of the road whicl1 is used by tl1e main flow of traffic unless no other part of the road is available for that purpose. (2) No driver of a vehicle shall stop or park his vehicle on a road opposite another vehicle unless the width of the road is more than twelve (12) metres. (3) No driver of a vehicle shall stop or park his vehicle on a road in su.ch a place that a driver of an�ther vehic�e driving on the same. road 'Youl� be unable to see it from a d.1stance of fifty (50) metres from either d1rect1on. (4) This Article 38 shall not apply in circumstances covered by the provisions of Article 13 hereof. 39. Obstruction: No driver of a vehicle shall stop or park bis vehicle in a manner likely: (1) to obstruct or hinder traffic; or (2) to prevent a road sign from being seen clearly and freely by other road users. 683 -
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CONSOLIDATED LAWS OF ETHIOPIA
40. Places Where Parking, Standing aI1d Stopping are Forbidden: No driver of a vehicle shall stop, �tand or park a v� l1i� le. pa� tly or w�olly, in . conflict w1th unmed1ate of the following places, necessary to a voi any u.nless � other traffic or in compliance witl: any other regulations: (1) on the left side of any road except a one way street; (2) on a sidewalk; (3) in an intersection or within twelve (12) metres of the entrance to ,1n intersection; (4) i� the entrance or exit ,to a public or private road, alley. lane or bll!1ding _ _
entrance or exit used by vel1icles, or opposite any such opening 1f the width of the road is less than twelve (12) metres;
(5) within five (5) metres of a marked fire hydrant; (6) in or within twelve (12) metres of a pedestrian crossing; (7) wi-tl1in twleve (12) metres of a stop sign or a traffic control signal; (8) withi11 twelve (12) metres of the nearest rail at a railway crossing; (9) within twelve (12) metres of trre entrance to a fire brigade station or a l1ospital, marked as such, or within twenty-five (25) metres, n1easured fro1n tl1e centre of the entrance, on the opposite side of the road; provided, l1owever, tl1at vehicles may be stopped or parked i11 such IJlaces while carrying sick or injured persons or emergency eqt1ipment to or from any such institutions; (10) alo11gside another vehicle whic:1 is standing or parked at tl1e side of tl1e road; (11) 011 a. bridge or in a tunnel; (12) within fifteen (15) metres in either direction of a bt1s stop, and within thirty (30) metres of a bus stop wl1ich is on t]1e opposite sid.e of the road if the width of the road is less than twelve (12) metres or (13) where tl1ere is only one lane for tra(fic i11 eacl1 direction and tl1e road has been divided lengthwise by a \\bite line of paint. 41. Conditions of Stopping, Standing and ParkiJ1g: (1) No driver of a vehicle sl1all leave tl1e �el1icle sta11dii1g or parked on an)' ro �d unless he has tak �n �ue precautions t o preve11t t11e veliicle from be111g started or moved 111 111s :tbsence. (2) No driver of a motor �ehicle shall leave tl1e vel1icle un:ittended unless he has stopped the engine and locked tl1e ignition, renioved the ignition . hand rtke or any otl1er the engaged appliance provided and ? �ey, and intended to prevent the vehicle from moving or being nioved.
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TRANSPORTATION AND COMMUNICATIONS
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(3) A driver of a motor vehicle standing or parking l1is vehicle 011 a slope, sl1all turn tl1e front wheels of the ,,ehicle towards the 11earest edge of the road. (4) A driver of a vehicle stopping, standing or parking l1is vel1icle on a road :where ct1rbsto�:s are i11stalled shall do so parallel to tl1e curbstone and m such a pos1t1011 that the wheels on the side of the vehicle nearest to the �urbstone are not more than forty (40) centimetres distant therefro,m; provided, however, that this provision shall not apply where the compe tent authorities have pern1itted angle parking and the road is marked accordingly.
42. Power of the Police to Remove Vehicles: (1) A policeman may order tl1e driver or person in charge of a vehicle which is standing or parked iJ.1 a place where standing and parking is forbidden to ren1ove it for-thwith. (2) A policeman n1ay order the driver or person in charge of a vehicle to stand or park the vehicle in any place, or to re1nove the vehicle from the place where it is standing or parked if it is necessary to prevent the causing of an obstruction or to facilitate the normal flow of traffic. (3) In the cases specified in paragraphs (1) and (2) above, if the driver or person in charge of the vehicle refuses or fails to obey such an order, or if he is absent at the time, the policeman may remove or cause the vehicle to be removed. (4) A policeman removing a vehicle under the authority conferred by paragrapl1 (3) of this Article 42 shall remove the same to a garage or other s_afe place provided he takes due precautions for the safety of the vehicle. (5) The provisions of Article 13 hereof shall limit the at1thority conferred by this Article 42. (6) Reasonable costs of any removal and safekeeping carried out pursuant to the provisions of this Article 42 shall be borne by tl1e owner of the vehicle involved.
PART VII TRANSPORT OF PASSENGERS 43. Boarding and Alighting: ( 1) NO person shall board or alight from a vehicle unless the vehicle is at a complete standstill. (2) No person, except the driver, s�all ? oard or al_ight on its right side when the vehicle 1s. on _the right ex.cept 00 its left side when the vehicle 1s on the - 6 '85 -
f:om a vehicle except side �f the road, and left side of the road.
21-6
ETHIOPIA F O S AW L D E 'f A D LI O S N O C
(3) If a special place, door or otl1er e11� rance is provided for tl1e purpose of boarding or alighting from a vehicle, 110 person shall board such a vel1icle or alight from ,it except by tl1at entrance. 44. Carrying of Passengers:
cycle sh�ll permit bi or le yc rc to 1o 1 1 a � an th r l1e ot e cl hi ve (1) No driver of a dn he er l e. T al cl sh hi ve e th of dy bo � e th of e id _ their any person to ride outs d ar ty gu fe fe sa sa to as r ne an m a. ch su in e rid to cause al l passengers and comfort. (2) No driver of a vel1icle shall begin to move or permit bis vehicle to continue to move unless all the doors thereof are closed and securely fastened, and unless he l1 as taken every precaution to ensure th.e safety of all boarding or alighting passengers and of all persons inside or in the near vicinity of the vehicle. (4) No person shall ope11 tl1e door of any vel1icle in motion. No person shall open the door of any vehicle t1.nless he l1as taken every precaution to avoid danger to otl1er road t1sers.
45. Passengers Riding Beside the Driver:
(1) A driver of a n1otor vehicle carrying a passenger beside him in the front seat shall carry l1im on tl1e right part of tl1 e front seat for left-hand drive vehicles, and on the left part of the front seat for rig,ht-band drive vehicles. 011ly one (I) sucl1 1Jasse11ger may be carried, provided, l1 owever, that if tl1e inner widtl1 of the vellicle measure along the back rest of the front seat is more than one 1netre tl1irty-five centirnetres Om.35 cm.), and if the gear cl1anging lever is 1nou11ted 011 the steering colt11nu and the handbrake lever is mounted. eitl1er 11nder the dashboard or nea.r tl1e driver's door, two (2) such passengers may be carried. (2) Only one (1) passenger may be carried in tl1e front seat of a public service vehicle. 46. Carrying Passengers on Commercial Vehicles: (I) No dri�er of a con1 mercial vehicle shall carf)' a11y perso11 on Sllch vehicle
_ except m tl1e driver's cab.
(2) Paragr�ph (1) of �l1j � Art�cle 46 sl1all 11ot apply to persons enlployed b)' the driver, or ass1st111g 111111, or co1mected witJ1 tlie \.\'Ork 011 wllicll the vehicle is emplo)1ed; provided, I1owever : (a) that th e vel1icle is fit a11d equi1J ped to ca' rry sucl1 !)ersons 1n · saftety; (b) that safe sitting acco1nn1 odations are prov1·cted on suel1 ve1uc · Ie; (c) that such persons shall si:t only in such ac ' cornmodat1o · ns; an d
(d ) that the nt1mber of such persons does no t exce ed four (4 ). - 686 -
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(3) No �1ing l1erei ? sl1all li111it the power of the competent lice11sing autl1ority to issue penruts to carry passengers on con1mercial vehicles 011 such terms a11d conditions as n1ay be specified. (4) The provisions of tl1is A .rticle 46 shall not apply to a11y vel1icle of the In1 perial Armed Forces or tl1e Police Force. PART VIII TRANSPORT OF MERCHANDISE 47. Mann·er of Transporti11g Mercha11dise:
(I) No person shall transport or cat1se anotl1er IJerson to transport any goods or materials in or 011 any vel1icle t111less : (a) tl1e vehicle is fit a11d equipped to tra·11s_por-t sucl1 merchandise or goods i n safety; (b) no part of the load being carried protrudes from either side of the vehicles; (c) no part of load being ca.rried extends more than one (1) metre beyond the front of the foremost part of rthe vehicle and more than two (2) metres beyond the rear of the bed or body of the vehicle, trailer or semi-trailer; and (d) the load or its covering does not obstruct the field of vision of the driver to the front or to the side, does not hjnder the safe movement of the driver while driving, and does not hinder or obstruct the free entrance into or the free exit from the driver's cabin. (2) Two (2) vehicles w.hich are joined to each other and are jointly carrying a load that cannot, due to its length, be carried by a single vehicle shall be considered, for the purpose of tl1is Article 47, as a single vehicle. (3) The Chief Police Officer in a Teklay Ghizat or an Awraja, or his duly appointed representative, may, for good cause and on a single trip basis, grant a per111it to carry loads under conditions different from those prescribed in sub-paragraphs (b) - and (c) of paragraph (1) above.
48. Marking of Protruding Loads: Subject to the limitation prescribed in subparagraph (1) (b) of Article 47 hereof the driver of any vehicle carrying a load which protrudes beyond the front or the rear of the vehicle carrying the same shall mar-k the protruding load as follows : (1) during lighting-up time: by a white or amber light at the foremost and of the load protruding to the front and by a red light at the .rear1nost end of the load protruding to the rear; (2) at any other time: by a red flag or a red board, at . least thlrty (30) centimetres square, at the extreme ends of the protruding load.
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49. Loads to be Evenly and Securely Fastened: ad th.ereof is· lo e th ss le un ad ro . y an No person sl1all operate a veh1c1e on g in er v y over co n a d n a d a lo e th t en v re p even1y a11d securely fastened so as to it fron1 becon1ing loose or detache<l. s: le ic eh V ce vi er S c li ub P to le 50. Spec.ial Restrictions Applicab y an load h i� w ad r� a on ed at er op be .Il 1a sl (1) No public service veh.icle ide. s r 1e t1 e1 on s er nd fe e th of tl1ereon extending beyond the line s y od an go ith w ad ro a 1 01 ed at er op . be l al (2) No public service vehicle s•h to the dy bo e th of e id ts ou e th om fr ng di ru ot pr or materia1s suspended or front or to the rear. 51. Transporting of Dust-Creating Marerials: No person sl1all ;transport any 1naterial, such as sand or eartl1, which is likely to give off dust or otl1er sin1ilar particles due to tl1e motion of the vehicle or air draughts u11less l1e l1as covered the load in sucl1 a manner as to prevent any suoh occurrence. 52. Obligation to Remove Material Dropped on Road:
If any portio11 of a load being carried by a vehicle is being or has been dropped 011 a road fro111 the vehi�le, tl1e driver shall stop his vehicle and sl1a1l 1�ot proceed un1ess �e l1as talcn every precatrt.ion to prevent a.ny fu.rtber dro1)p1ng of sucl1 material and mless he bas removed or caused to be ren1oval from the road all n1aterials already so clropped.
53. Authority of Police:
� P?lice�an may order_ t�e driver c-f a vel1icle transporting goods or materials III v1olat1on of_ the prov1s1o�s of t�ese Regulations to stop his vellicle and not to proceed until the regulations being violated are con1pI.ied with.
PART IX
TOWING: PLAY VEHICLES 54. Towing:
(1) When a vehicle is being towed ·))' <a ll ti
. 0:. 01� ve_liicle, th e two vehi?les shall be joine� securely by a rope, a �a��� �:. towing ba r of appro1Jriate . strength, tl1e distance between tb<;. two ve1 11c 1es not to exceed tl 1r ee (3) metres. . . rope, cable or towing bar sl1c'lll be 111arked aod ma.de clearly d1scem1ble (2) The by a coloured flag or board. (3) When a veliicle is towed as in I>-lragra h ( 1) b f ove, a sign shall be affixed to tl1e rear of the vehicle being towed P. 1 manner and place th at it is clearly visible to any driver following 'b����
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TRANSPORTATION AND CorvIMUNICATIONS
21-6
(4) No more tl1an one (1) vel1icle may be towed by a motor vel1icle at the same time.
55. Play vehicles: No person shall drive or ride a vel1icle constructed and i11teded for play and amusement, especially of cl1ilclre11, 011 any road open to any other vel1icular traffic. PART X MOTORCYCLES AND BICYCLES
56. Driving and Riding a Motorcycle: (1) No person sl1all drive a 111otorcycle 011 ,t11y road unless l1e is firmly seated in the saddle fixed on tl1e n1otorcycle and provided and intended for the driver. (2) No person s .hall drive or ride a motorcycle unless l1is rjgl1t and left legs are on tl1e rigl1t and left sides of tl1e motorcycle respectively. (3) No driver of a. n1otorcycle shall carry a passenger except in a saddle or seat provided for tl1at purpose behind the driver or in a sidecar. (4) No driver of a motorcycle sl1all carry more passengers tl1an the motorcycle is equipped and licensed to carry.
57. Riding a Bicycle:
(1) No person shall ride a bicycle unless it is in good and roadworthy mechanical condition. (2) No person shall ride a bicycle unless he is firmly seated on the seat fixed on the bicycle and provided and intended for the rider. (3) No person riding a bicycle shall take his hands off the handlebars or his feet off the pedals while the bicycle is in motion. (4) No person riding a bicycle shall carry any parcel, load or article which prevents or is likely to prevent his full control over the bicycle. The length or widtl1 of any such article shall not exceed seventy (70) centimetres. (5) No person riding a bicycle shall take hold, in any manner, of another moving vehicle, or permit himself or l1is bicycle to be towed, pulled or drawn by another vehicle. (6) No person riding a 'bicycle shall ride on the left side of another moving vehicle except while overtaking. (7) As a general rule, riders of bicycles shall ride in single file only; provided, however, tl1at if they do not obstruct other traffic two (2) bicycle riders only may ride abreast. (8) No person shall ride a bicycle unless it is equipped with a warning bell and an efficient braking device. 689 -
21-6
CONSOLIDATED LAWS OF ETHIOPIA
PART XI - ANIMALS 58. Use of Roads by Animals:
. . . . . le 1s sib pos 1f 1t to d roa a on s al d l or (1) No person shal l drive, l1erd � t�:.�lace exists, the her d er shall take do so at a nother place . 1! no su� � ce to oth er n dra hin d an ffic tra . of n tio uc str ob d o.1. av eve ry pr ecaution to road users. . .reme right e dge of the road. . ext tl1e to als im an p his k (2) A herd er shall ee
59. Vehicles Approaching Animals:
. When a m otor vehicle approaches a illDla1 s on a road the her der shal l do everything in bis power to clear tl1e road for the n1ot.or v' ehic1 e .
60. Herder to Carry Light:
A herde r whose animals are on a 1oad during _lightin� •up time s_hall carry a clearly visible l ight on tl1e sicl e nearest to moving vehicular traffJc. PART XII - PEDESTRIANS 61. Walking on a Road:
(1) No person sha ll walk on a road, exc ept: (a) wl1er e no sidewalk is provided; or (b) for tl1e purpose of crossi11g 1l1at road. (2) A person walking along a road �hall wal k on the extrem e l eft e dge, facing on•c oming traffic. 62. Crossing a Road: (1) No person shall cross a road u11l ess he has observed the amount and
condition of traffic and made certain tl 1at he may cross tl1e road ·without danger to himself or to other ruad users.
(2) A person crossing a road shall co so in a straight, s l 1ort line, with all due caution and witJ1 reasonable sp�ed, and shall not stop or linger on tihe road without good caus e. (3) No person shall cross a r oad fron1 behind a vehicl e o r an y o the r object likely :to bide l1i1n fron1 the view of a driver of a n approacl1ing vehic le. (4) Wherever pedestrian crossings l 1ave b ee 11 p ro v ided a n d marked a s s11cl1, no person shall cross a road except witl1u1 sucl1 m ark e d crossings. (5) �o perso� shall cross a municipal road ex c ep t as near a s possib le to an mteresect1 on . (6) N o person shall cross an intersection diagonally. - 690 -
TRANSPOl{TAT.ION AND COMMUNICATIONS
21-6
63. Standing in a Road: No perso ? sl1all stand iI1 a11y road in order to stop a vehicle, wl1ether to board such_ vehi�l � or for any otl1er p11rpose, unless he does so in the performance of lus official duties. 64. Fenced Sidewalks: Where a fence is installed 011 tl1e edge of ,111y sidew,1lk, no pedestrian shall stand or 1nove on th • e side of tl1e fe11ce nearest tl1e road. 65. Standing on Sidewalks: No i:erson shall stancl, linger or loiter on a sidewalk if by so doing he obstructs traffic or other users of the sidewalk. 66. Prams: Prams and invalid wheelchairs, except engine-driven wheelcl1airs, shall be moved on that part of the sidewalk farthest from the road. 67. Exceptions: Articles 63 and 65 hereof shall not apply to JJersons taking part in a parade, a funeral or a procession. PART XIII - ROAD SIGNS 68. Use of Standard Road Signs: No road sign other than, or different fron1, those prescribed in the annex to these Regulations may be used to regulate traffic by a.ny person, agency or Roadsign Authority. 69. Authority: The Road.sign Authority may: (1) order the installation, marking and location of road signs and the mainte nance and repa.ir thereof; and (2) order the removal of a.ny road sigi;t already installed. 70. Interference with Road Signs: (1) No person, except those authorized b� these Regulations or their_ duly d o or the 1n a or m roa all ark t sup, t pu ll sha , ves ati � � ent _ res rep ed int appo immediate vicinity of a road any road s1�, �arking, sign, ?Oard or any n a ke ely for t be sta to lik Jec mi ob y an or n sig ad ro a to r . ila sim object road sign. y ge ce a wa in or y fa an an de ch e, ov m e, ag m a d. e, ov m re all sh n rso (2) No pe road sign.
691
IOPlA I IT E F O S W A L D E T A CONSOLID
21-6
S T H IG L IV X T R A P
71. Colour of Light:
1 icle, wbicl1 J ve _ cy 11 ge er n e1 11 a. 1 an tl er h ot . No person shall drive a.ny vehicle, ar light or re te hi w a or , or ct le ef -r 1t gl li or shows a red or blue forward light 11 while w 1o sl be ay n1 t gh li ar re e 1 it l w a t 1a tl ligl1t-reflector; provided, however, a motor vehicle is reversiI1g.
72. Lights on Motor Vehicles:
11e p ti1 less gin un ht lig g n ri_ du cle l1i ve or ot 1n � a e iv dr l al 11 . (1) No perso sh d e a11 th l1t e rear ar ht lig il ta d re (1) e on t as le at d an s ht lig ) ad I1e (2 o tw registration plates is well illu11linated. g -up rin ng du hti lig le 1ic vel a rk pa or 11d sta JJ, stO ll sha e icl a veh of (2) No driver tjn. 1 e, unless : (a) on a ,1notor vel1icle, except a n1otorcycle, t\VO (2) front parking lights and at least one (I) red tail ligl1t are lit, or, if a special parkjng ligl1t is provided, tl1e parking light farthest away fro.111 tl1e side of the ro,1d on whicl1 tl1e vehicle is parked is lit; (b ) on all other vehicles, a steady wl1ite ligl1t is sl1own towards the front and a red reflector reflects ligl1t towards the rear.
(3 ) The provisions of para.gra.pl1 (2) above shall not apply to vel1icles wl1icl1 are well illun1inated b)' light sources other tha11 their ow11 lights. 73. Lights on Trailers:
(1) �o .1Jerson .shall drive a !11ot?r �ehicle wit11 trailer attached during . 1 � t1nless a wl11te_ J1gl1_t 1s sl1ow11 on l1ght.�ng�up t111 t11e left top comer of tlie front of the trailer and a red light 1s sl1ow11 on tl1e rear of tlie trajler.
(2) For the purpo�e of this Part XIV, a trailer 11ot attacl1 ed to a 111otor veh · icle shall be considered a motor vehicle.
(3) Fo · r tl1e purpose of this Part XIV ' a sen1·1- trai·1·er sI1a11 be considered an • • 1ntegraI part of tl1e motor vel1icle to w11icli it is att · . acl1ed. A sem1-tr�l1er · not attacl1ed. to a 111otor vehicle sl1all be c onsiaere;'d " ; to be a 111otor vehicle. 74. Lights on Motorcycles:
Para�rapl1 (1) of Article 72 Jiereof sli al l a Jl , . . . y�Ies, exce1Jt 0 111 ot o 1 Y _ tl1at tl1e � showrng and lighting of one (I) headligl f 1 1 1\ � a_tta�!1ed to _tl1e 111otorcycle, 11 0 persoii sii al� � .· be suff1c1e11t. If a sidecar_ is 1iv e su cl 1 a n1otorcycl dur111g e �1ght1ng-up time unless a wliite liglit is 1 . wn tow?rds tl1e fron t and a red ligl1t :;� is sl1ow11 .towards tl1e rear of the sid r tl. extren1e side of tl1e sidecar fartl1 est away r' 1e. l1gl1ts to be mounted o 11 the rom the inotorcycle. - 692-
21-6
TRANSPORTATION AND COtrlMUNICATIONS
75. Special Rules for Motorycles with Three Wheels:
� n1otorcycle of !hree wheels havi11g the axle beari1 1g two wheels n1ounted 111 f �ont of the s111gle wheel sl1all, for the purposes of tl1is Part XIV, be considered to be a 1notor vehicle. 76. Lights on Bicycles:
No person �hal� ride ,t bicycle dt1ri11g lighting-up tin1e t1nless said bicycle shows a wl11te light towards tl1e front, clearly visible from a distance of not less than one hu.ndred (100) 1netres, and a red reflector reflects light towards tl1e rear. 77. Machinery:
No perso11 shaJl drive or tow 1nacl1inery on a road dtuing lighting-up time t111less a. red reflector or a red light is 111ounted on the rear of such machinery. 78. Searchlights:
No driver or passenger of a motor vehicle shall switch on or use a searchlight or spotlight from any vel1icle while the vel1icle is in motion; provided, l1owever, tbat this provision s11all not apply to emergency vehicles. 79. Dimming of Headlights:
A driver of a motor vehicle shall dim tl1e headlights of his vehicles : (a) when driving on a municipal road, except when the lighting of such road is not otherwise sufficient for safe driving; (b) when another vehicle is approaching from the opposite direction, and until such vehicle has passed; (c) when following another motor vehicle at a distance of less than fifty (50) metres; and (d) when his vehicle is not in motion. PART XV - SAFETY 80. Driving Downhill:
•
•
(1) No person shall drive a 1noto� vehicle on any road unless the engine 1s running and one of the gears 1s engaged. (2) The driver of a motor vehicle descending a steep slope shall en.gage such low gear as is appropriate to the gradient of the slope and the type, construc tion and weight of the vehicle.
81. Repairs: No person sbaill rep-air a vihicle on a road i� such a _mann�r that any part �f his body protrudes inito the road � rom the lme of. said vehicle unless there 1s no otner reasenable way of carrymg out the repal[s.
693 -
21-6
CONSOLIDATED LAWS OF EmIOPIA
82. Refueling: (1) No person shall refuel or cause or per1;nit a D;1otor vehicl� to b� refuelIed _ while the engine of sa id motor vehicle 1s runrung. A public service ve11 1cle shall not be refuelled wl1ile containing any passenger.
(2) No person shall refuel a motor vehicle, or ren1ove the cal? or cov�r fr� m the fuel tank, or cause or permit anotl1e r person to do so, if ther� 1s a fire or if a person is smoking in the near vicinity of the motor vehicle. PART XVI - ACCIDENTS 83. Behavior After an Accident: When any road accident has occurred and t11ere is reasonable cause to believe that a person has been killed or ir,jured or property damaged, the following provisions shall apply:
I
I
(1) T11e driver of a vehicle i11volved in the accident sha ll stop his vehicle immediately, on the spot of the accident or as 11ear to it as possible, and, except as provided in p aragraph (2) below, l1e shall not move it from said spot t1ntil l1e has ft1lfilled all l:us obligations as set forth in thjs Article 83 . (2) Every person involved in an a, �c1ctent shall re nder all possible help and assistance to any p erson i11jt1rec in said accident, including transportation to tl1e nearest first aid station, hospital or doctor for medical tre atment, shot1ld tl1e 11eed for s11cl1 trea1ment be apparent or should the injt1red person request st1ch treatment. (3) Any perso11 involved in an accident sl1all give his name and address to ?DY polic �man, to ?DY injt1red ·?erson, to the driver of any other vehicle mvolved 1n the accident and to any passenger of any other vel1icle in the accident. He shall also give to any st1cb person the name and address of the owner of the vehicle he is drivi11g and the name and address of any coi_npa �y wit� wl1icl1 the ,ehicle is insured, and shall produce and . licence to any such person. show his dr1v1ng 84. Notification of Police:
A driver of a vehicl� involv �d i11 a �oad accident shall notify a policeman . on the spot at tl1e trme or, rf tbe:e 1s none, sl1all notify tl1e police station nearest to the place of the accident : (I) i ?,1 ?1edia �ely, or a� soon as possible, when a person has been killed or IDJUred m the accident; or (2) not later tl1an twe11ty-fot1r (24) hours after tl1e a ccident, wheii only pro perty has been damaged. 85. Notification of Driver: · The provisions of Article 84 J1ereof to t11e c ontrary . · notw 1thst 1 dmg, tl1e a1 . . . an acc1.dent w1tl1 an unat driver of a vehicle involved in te nd ed vel11c . I e w h'1cI1 l1as . caused damage to stich vehlcIe sh:t11 stop his vehi.cle im mediately and :
- 694 -
•
ThANSPORTA1"10N AND COMMUNICATIONS
21-6
(1) shall find the driver of the otl1er vel1icle a11d give him his name ancl address and the name and address of tl1e owner of the vehicle he is driving; or (2) if he is unable to locate the driver of the damaged vehicle, he shall leave in a prominent place 011 said vehicle a notification i11 writing giving his name and address, the registration number of the vehicle he is driving and a short outline of tl1e ctcciclent. PART XVII-MISCELLANEOUS
86. Obligations of Owners: Tl1e O\vner of a vehicle i11volved or believed to have been involved in an accident or in a11 offence agai11st tl1ese Regt1la.tions or in an offence against any other law or regt1lation shall give to any policeman, upon request, the name and address of the driver, who, to the best of his knowledge, was driving the vehicle at or 11ear tl1e ti1ne of the accident or offence. Any owner failing, witl1ot1t reasonable justification, to give this information may be held responsible for· the o:ffe11ce con1mitted as iliough he bad. driven the vehicle. 87. Release: The Board of the Roadsign. Authority, by written instrument, may release, any person, in full or in part, permanently or temporarily, from the obliga tions prescribed by these Regulations, and may revoke or cancel such release. 88. Punishment and Penalties: Any person who commits any offence against any of these regulations shall be punishable in accordance with the provisions of the Proclamation. CROSS REFERENCE The provisions of the Penal Code referred to in the Proclamation appear to bo Pen. C. 16/Ex. 1 (1957) Arts. 354, 364, 499-502, 746, 782-783.
89. Effective Date: These Regulations shall come into effect six (6) months following their publi cation in the Negarit Gazeta. Done at Addis Ababa this 11th day of December, 1963. ANNEX TO LEGAL NOTICE ROAD SIGNS Warning Signs: Road in bad condition.
695 -
21-6
CONSOLIDATED LAWS OF ETHIOPIA
Road turns to the left. Road turns to the right.
Road turns first to the left and then to tlle right.
Road tur11s first to the right and the11 to the left.
Road narrows.
Narrow bridge.
Me11 at work on road. Intersection in fou.r direction s. Intersection: straight al1e ad and to the left. Intersection: straigl1t ah ead and to the right. Tnlersection: to the left and to the right, no road straight ahead. Cede priority to traffic on the cros sing road. Railway crossing \Vith gate.
- 696 -
1 I l
TRANSPORTATION AND CorvIMUNlCATIONS
Rajlway crossi11g without gate.
Repeated w,1r11j11g or railway crossing: (a) Railway crossi11g: 250 metres al1 ead. (b) Railway crossing 170 meters al1ead. (c) Railway crossing 100 n1eters al1ead.
RaiJw,1y Crossing.
D,1ngerous slope.
Pedestria11s crossing.
Attention: Children.
Temporary two-way traffic on one-way road.
Sljppery road.
General da.nger.
(2) Prohibitory Signs: Closed to all vehicles including ba11dcart. Closed to all vehicle including handcr,:1ts (one way road).
- 697 -
21-6
21-6
CONSOLIDATED .LAWS OF ETHIOPIA
Turning in direction of arrow forbidde11. No overtalcing of motor vehicles
011
more than two wl1eels.
Closed to motor vehicles on more th.an two wheels.
Closed to motorcycles. Closed to motor vehicles. Closed to commercial vehicles of total weigl1t above t]1e weight indicated on the sign. Closed to vehicles of a total weigl1t above the weight indicated on the sign.
��
Closed to bicycles. Closed to animal-drawn vehicles and to animals. Closed to handcrats.
Close to pedestrians. Closed. to vehicles, where the load on any one axle exceeds tile load indicated on the sign. Closed to vehicles of a total width exceeding that indicated in meters on the sign.
- 698 -
21-6
TRANSPORTATION AND COMMUNICATIONS
Closed to vel1icles of a total height exceeding that indicated i n meters on the sigi1. Area of restricted speed: speeds exceeding that indicated kilometers are forbidden.
011
the sign in
Municipal area.
End of area of restricted speed or end of ¡n1u11icipal area. �
End of area of restriction as indicated
011
sign.
Prohibition of use of audible warning appliances. Stop! All vehicles will be brought to a complete standstill before entering intersection.
No stopping from this sign to the 11ext intersection, or to the next sign of ,this kind with the inscription ''End''. No parking from this sign to the next intersection, or to the next sign of this kind with the inscriptoin ''End''. Cede priority to oncoming vehicles.
Office.
Pass the place so marked on its right side.
- 699 -
21-6,7
l I
l
CONSOLIDATED LAWS OF ETJ.-IIOPIA
l
Pass tl1e place so marked on its left side. Proceed in direction of arrow or arrows marked on s1g11. •
Cede priority to traffic already circli11g traffic circle, ther1 circle traffic circle as indicated by arrows.
3. Markings 011 Roads: Pre-selection n1arki11gs: before reacl1ing an i11tersection, drivers will place their vel1icles in tl1 e la11e n1arked by an arrow pointing i11 tl1e inte11ded direction. I I f
marks: parking permitted only witl1i11 tl1e Parking ..-vv-.Wll lirnits of tl1e 1narki11gs.
__IIL -- ....·-
,··:·r )� 01111111 1% 1
ttilfll
'-.....:
Cl1 a1111elisi11g 111arkings of i11tersections : traffic tt1rni11g to tl1e rigl1t shall re1nai11 on tl1e rigl1t of tl1e line; traffic proceedi11 g straight ahead or tt1r 1 1i11g left 1n,1y cross i11terrupted lines; no crossing of 1111i11terrupted li11es. Cl1 annelising 11 1arki11gs: 110 vel1icles may be drive11 0 1 1 stripe-painted areas.
CONSOLIDATION NOTE Corr. 23/6 (1963) C. 51, (changing the description of 4 road signs).
27 / 10 (1968) L. 335 REGULATIONS "' ISSUED PURSUANT 1 0 1'RF: ROAD TRAVEL AND TRANSPORT PROCLAMATION, 1967
I. lssui11g A1Jt/1ority: These Regulations are issued by tl1e Mi 11ister of Coin1nunications (hereinafter the ''Mi11ister") pursua11 t to autl1 oritv vested in bin, by Article 5 (2) of the Road Travel and Tra1 1sport Proclan1ation 1967 (Proclamation No. 256, of 1967), (hereinafter tl1e ''Proclamatio11''). - 700 -
j
TRANSPORTATION AND COMMUNICATIONS
21-7,8
2. Slzort Title: Tl1ese Regu.latio1 1s 1nay be cited as tl1e ''Road Travel (Co11fir n1atio11 of Validity) Reg11lations, 1968." 3. Regi1lc1tio11s to Co11.tinue in Force: The following Regt1lations shall conti 11ue in force after tl1e effective date of tl1e Proclam,1tio11 as tho11gh isst1ed by the Minister under said Procla111ation: (1) The Vel1icle Size and Weight Regulatio1 1s� 1962 (Legal Notice No. 261 of 1962), as a1ne1 1ded, and (2) Tl1e Transport (A111end111e11t) Regulations, 1963 (Legal Notice No. 279 of 1963) as an1ended. CROSS REFERENCE
Vel1icle Size ancl Weight Regulations, 22/2 (1962) L. 261, 21 Cotisol. L. Et/1 . 5. Transport (An1encln1ent) Regt1lations, 23/ 5 ( 1963) L. 279, 21 Co11sol. L. Et/1 . 6.
4. Entry i,110 Force: Tl1ese Regu.latio11s sl1all enter into force on tl1e date of tl1e entry into force of the Procla111ation. Done at Addis Ababa tl1is 7t11 day of Marcl1. 1968. 28/9 (1969) L. 360 REGULATIONS ISSUED PURSUANT TO THE ROAD TRAVEL AND TRANSPORT PROCLAMATION, 1967 PART I - PRELIMINARY PROVISIONS
1. Issuing Authority These Regulations are issued by the Minister of Communications pursuant to authority vested in him by Article 5 (1) and (2) (a), (c) and (j) of the Road Travel and Transport Proclan1ation, 1967 (Proclamation No. 256 of 1967) [here after the ''Principal Proclamation'']. 2. Short Title These Regulations may be cited as the ''Motor Vehicle a11d Trailer (Identifi cation, Registration and Inspectio11) Regulations, 1969." 3. Definitions In these Regulations, unless the context otl1erwise requires, the terms de·fined in Article 3 of the Principal Proclamation shall have the meanings pre scribed therein, and tl1e following additi.011al terms shall have the meanings prescribed below : (1) ''agent'' - any person who represe11ts anotl1er, the principal, with the authoriiy to perform on the latter's behalf one or several legally binding a.cts; (2) ''dealer'' - any person who engages in the business of buying, selling or exchanging vehicles for profit in the commercial market, at a place of business established for such purpose within the Empire; (3) ''foreign registration'' - any registration of the ownership of a vehicle under the l�tws of any foreig11 state which is recognized by the Imperial - 701
21-8
CONSOLIDATED LAWS OF ETHIOPIA
Ethiopian Governme11t, and whlch on the basis of reciproci�y reco�� s in its own territory the registration of vehicles by the Impenal Eth1op1an Government; (4) ''identification nu1nber'' - the combi11ation of numbers, letters. �nd! or symbols wl1ich the Ministry shall assign to a vehicle upon certification of its title; (5) ''identification number plates'' - the plates upon w1 ?ch is pr�ted the
identification number of a partic1tlar ve·hicle and which are affixed on the vehicle for easy identifica·.ion 011 the road;
(6) ''identifying nun1ber'' - the rrumbers and letters if any; placed on � e body, chassis or engine of a \el1icle by tl1e manufacturer thereof which are designated by tl1e Ministry for the purpose of identifying the vehicle; (7) ''implement of husbandry'' - :1.ny vel1icle designed or adapted primarily for agricultural, horticultural o: livestock raising o, perations or for lifting or carrying such in1plements, a1d in eitl1er case used but occasionally on the road; (8) ''international traffic" - the passage of vehicles across international
boundaries to temporary destinations in sovereign states other than their states of origin, the states i11 �hich they are usually kept when not in use and where they are registered; (9) ''invalid carriage" - any vehicle designed and used solely for the tran sport of invalid persons, wl1icl1 term shall include wheel chairs, tricycles and the like, but which term shall not include vehicles which are designed or adapted primaril)' for the general transport of persons and/ or goods on the road and which have been fitted out but incidentally for operation or use by invalid persons; (lO) "inventory vehicle" - any vehlcle which is part of any manufacturer's, dealer's, rebuilder's or wreckers stock in trade for sale, resale, trade or exchange for profit in tl1e con1mercial market; (11) ''manufacturer'' - any ,perso11 ·engaged i11 tl1e business of construction or assembling vehicles for prcfit in tl1e commercial market at a place of business established for suck purpose witl1in tl1e Empire; (12) ''military vehicl�" � any motcr vehi�le _or trailer, owned by tl1e Armed Forces, tl1e Police Force or tl1e Territorial Am1y of tl1e In1perial Etlrio pian Government, which is used for strictly miJitary purposes; (13) ''non-resident owner/ ownersllip" - owner/ ownersllip under circumstan ces where the vehicle to have it� title certified or to be registered hereunder is sit:uated in �tbiopia, while tl1e person enjoyir1g full rights over it, especially the r1gl1ts of transfer and disposal, resides abroad on ·other than a temporary basis of less tl1an ninety (90) days; (14) ''official records" - the files containing all applicatio11 s, pieces of corresponde�ce, for �s an � other documents r�quired by tl1ese Regulations . for proper title certification and annual registration; (15) ''official register'' � the registry' in which all particulars of title certifica _ _ tion and annual registration are entered;
- 702 -
TRANSPORTATION AND COMMUNICATIONS
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(16) ''poss�ssor'' n y perso11 11avil1g the rigl1t of posse ssion, tl1e legal right a . . e e th Joy d 1m � 1 ate use and control of a t hing, withot1t 11ece ssarily to �n l1avmg the full rights of ownership; (17) ''reb�l der'' .- an y person wl10 engiges in the business of materially �lter1n g ve�t�les from their original co11struction by the re1noval, altera tion or a?d1t1on of essen tial parts, wrether 11ew or used, for profit in the commercial market a t a place of business established for such purpose within the Empire; (18) ''Registration period'' - tl1at a nn ual ?eriod Commencing on tl1e first day of Meskere m and endin g 011 t l 1e last d1y of Yekatit; (19) ''special mobile equjpment'' - any vel1icle not designed or used primarily for the .transportatio11 of perso11s or property and only incidentally operated or moved over a road, inclt1di11g but 11ot li111ited to, ditch digging apparatus, wel l boring apparatt1s, a11cl road construction and maintenance machinery, but not i ncludi ng: l1ouse trai lers, d1mp trucks, truck mounted transit_ mixers, crane s of sl1ovels, or other veticles designed for the transportation of persons or prope rty to wliicl1 machine ry has been attached; (20) ''work or service ve hicle'' - any vehicle owned by an en trepreneur which is not part of hls i nventory stock but which is used by him for the tra ns port of persons or goods in tl1e course of his business; and (21) ''wrecker'' - any p. erson who e nga�s i n t he business of scrapping or destroying vehjcles and/ or salvagin g their reusable parts for profit in the commerc.ial market at a place of bu,iness established. for such purpose within the Empire.
PART II - TITLE CERTIFICATION
4. Title Certificate Book Required The owner of any motor vehicle or trailer in order to drive, operate or use or to have driven, ope rated or used said vehicle on my road of the Empire, shall obtain a title certificat e book for said vehicle from t1e Ministry.
5. Non-resident Owners (1) Any person in possession of a �otor \ehicle or tr_ailer, the owner of which is a non-resident of the Empire, shall forthwith present documentary eviden ce of non -resident ownership and shall make a declaration of said fact by completing the particular_s concerning the description and owner ship of the vehicle on the prescnbed form; (2) The declaration of non-resident ownership shall . be ac�ompanied by an application for a title certificate book whenever said vehicle: (a) is to be driven operated or used on the roads of the Empire after the lapse of ninet; (90) days from the date of its entry into the Empire under a foreign registration; or - 703 -
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(b) bears 1 10 valid for·eign registration, or bears a foreign regi5tration from · nt , or bears · I Etl11·op1·'·�l.n Governme ,1 state not recog n1zed by the I01per1a a foreign registratio11 which bas elapsed or expired; require? fr?m a (3) Wl1ere an application · for a title certificate book is possessor l1ereunder, said possessor s ba11 be deemed to be acting 1n the capacity of an agent for the owner. 6. Vehicles Excepted
In any case no title certificate book need be obtau1ed for: (I) Any vehicle owned by a n1anufactt1rer, dealer, rebuilder or wrecker as part of his inventory or stock in. trade; (2) any vehicie engaged in i11 ternati o1 1a1 traffic, for whicl1 a curre1 1 t valid certificate
(3)
of title has bee1 1 issued in another country;
any 111ili tary vehicle;
(4) a11y in1 ple111 ent of husbandary
(5) any special mobile equipn1 e11t: or (6) a11 y self-propelled invalid carriage.
7. Application for Title Certificate Book
(1) WitJ1i 1 1 tL1irty (30) days following a1 1y transfer of ,1 motor vehicle or trailer foi· use, a1Jplication for a title certificate book therefor shall be made by tl1e tra11 sferee, or in :tl1e proper case by tl1e i·ncot1ntry possessor thereof 0 11 tl1e prescribed form; (2) Said application sl1all be ac:::on11Janied by written docmnentation of ownersl1i p a11d the title certificate book, if any, issued to tl1 e transferor; (3) If the application refers to a vel1icle previously registered in another cou 11try, said application sl1all also contain or be accompanied by; (a) any cerificate of title issued by said other cou1 1try; lD) a1 1y other inforn1ation and/ or documentation tl1 e Ministry n1ay reaso1 1ably require to establ sh tl1e ow11 ersl1ip of tl1e vel1icle; and tc) a certificate fro1n a person autl1orized by tl1e Mi11istry certifying that ll1e identifying nu1nber or 11umbers of tl1e vel1icle have bee11 i nspe cted and found to co11form to the descriptio11 give11 in the application. 8. Transferees Excepted
(1) Wl1e11 ever tl1e transferee is a dealer, rebuilder or wrecker and tl,e vehicle acquired is .incl uded in J1is inver.tory or stock in trade, said transferee shall 11ot be bound by Article 7 above, provided, i11 cases of a transfer of a used veJ1icle, the tra11 sferee is i 11 possession of tl1e transferor's title certificate book and both parties l1 ave prq:>erly co111pleted a11d sigi1ed t]1e transfer of title therein contained; -104 -
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(2)
Wbe11ever t·h e tra11sferee is ,1 resident of a foreig11 cot111try, said tra11sferee shall not 1?e bound by Article 7 above, provided tl1e vel1icle acquired is from the E111t)i1·e within t,hiry (30) days, a11d thereafter said ren1oved . ':eln�le no longer is to be kept, driven, o.perated or 11sed withjn the Empire, except occasio11ally in international traffic.
9. Issue of Title Certificate Book (1) Upon receivi11g an applica:tio11 for a title certificate book, the Ministry shall check the identifyi11g n11111ber or nu1nbers shown therein against its records and listings of stole11 and converted vel1icles, and enter the particu lars of the vel1icle in an official register a11cl file all d ocumentatio11 received i n the official records; (2) When the Mi11istry is sa,tisfied as to tl1e ge11ui11e11ess and regt1larity of the application an.d tl1at applicant is e11titled to tl1e issue of title certification, after tl1e applicant has paid all al Jplicable fee·s authorized. in Schedule A appended l1ereto. tl1e Mi11istry sl1,1ll deliver one ( 1) title certificate book to the applicant.
10. Maintenance of Title Certificate Book (1) (a) Witllin lltirty (30) days following l1is aware11ess of the fact, tne holder of a title certificate book s•hall notify tl1e Min.istry of any error or mistake in the particulars noted in said book, and present said book to the Ministry for correction, an d in addition pay the fee for a change of particulars authorized in Sche d ule A hereof unless the error or mistake was due solely to the fault, carelessness or inadvertence of the Ministry. (b) Within thirty (30) days following its occurrence, :the hold er of a title certificate book shall notify the Ministry of a11y change of facts note d in said book and present said book to the Ministry for cancellation and/ or renotation of the particulars affected, an d in addition pay the fee for a change of particulars authorized i11 Schedule A hereof. (2) (a) If a title certificate book is lost, stolen, 1nutilate d or destroye d or becomes illegible, the holder tl1ereof shall promptly make application for a duplicate; (b) After fumisl1ing infonn·ation satisfactory to the Ministry an d aftex paying the fee for a d uplicate authorized iI1 Schedule A hereof, said applicant shall be provided with a duplicate bearing the legend, ''This is a Duplicate and may Be Subject to the Rights of a Person und er the Original Certificate''. (c) The Ministry shall not issue a new certification of title to a transferee upon application made on a duplicate until thirty (30) days after receipt of t:he application; (d) A person recovering an original certification of title for which a duplicate has been issued Sibal! promptly . surrend er the duplicate to the Ministry for cancellation and destruction. 705 -
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11. Surrender of Title Certificate Bo�k (1) Upon tl1e transfer of ownership of any vehicle whose title has been certified e hereunder, both the :transferor and the transferee shall properly complet ti e cer s titl r ero nsf tra the in d ine ' nta co e rag e tit.l of er and sign the transf ll r sha ero nsf tra tl1e er, aft ere Th . ed ect aff e icl veh the ok for bo ate fic deliver and surre11d,er said title certificate book to tl1e transferee who shall attach said docu1nent to his application for a title certificate book in his 8 le tic r Ar de un sed cu ex s les un e ov ab 7 e ttl Ar ed by trir req own name, as above. (2) Within thirty (30) days followi1g the destruction, scrapping or permanent removal fron1 use 011 tl1e roads of any vehicle whose title has been certified l1ereunder the owner or in-country possessor thereof shall notify the Ministry of said fact, and deliver and surrender the title certificate book for tl1e veJ1icle affected to the Ministry for cancellation.
PART III - IDENTIFICATION NUMBER PLATES A. 3e11eral 12. Identification Number Plates Req11ired
Tl1e owner of any motor velucle or trailer, in order to drive, operate or use, or to have driven, operated or used said vehicle on any road of the En1pire shall obtain for said vel1icle fro111 tl1e Mini5try and display upon said vehicle proper identification number plates. 13. Vehicles Excepted In any case no identification nt1n1ter plates need be obtained for: (1) any vehicle engaged in international traffic \Vl1ich bears currentl>' valid
velticle identificatio11 plates jssted by anotl1er country;
(2) any military vehicle; (3) any implement of l1usbandry; (4) any special mobile equipinent; or (5) any self-propelled invalid carri.1ge. 14. Display of Identification Plates (1) All vehicle ide11 tification nw11btr plates sl1all be affixed and a·ispI ayed as · follows:
(a) �or a motor cycle,: __two (1) identical identification plates shall be displayed, one (I) affIXed on tl1e fro11t 111ud guard on the san1e pI ane . as th. e 'Yl1eeI, an d 011e (1) df1xed at the back at rin511lt ang1es to the long1tudJnal axis of tl1e motc•r cycle. (b) For a motor vel1icle, othe: tl1a n a motor cycle t w o ( 2) "d · 1 entica1 identification plates sl1all be displayed, one (l) at'r·i.xed on the front 7 - 06 -
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elevation tl1ereof, an.cl one (1) aff�"(ed on tl1e back elevation thereof. 1 1:1- both �ases tl1e plates sl1all be affixed at right angles to tl1e longitu• d1nal axis of the vehicle. (c) For a trailer, one (1) ide11tification plate sl1all be displayed, affixed at the back at right angles to the l:>ngitt1dinal axis of tl1e vehicle. (2) All_ i dentification plates shall be affi�ed in a vertical or nearly vertical _ position. (3) All identification plates sl1all be displayed so as to be clearly distinguisable and free from obstructio11.
15. Maintenance of Identification Plates (1) Within tltirty (30) days followjng l1is aware11ess of tl1e fact, the owner or in-country possessor of a ve}1jcle shall notify tl1e Ministry of any error or mistake i11 tl1e significance or n1eani11g of any letter, colour or symbol on tl1e identification plates, as described iI1 Schedt1le B appended hereto, present said plates to the Mi1ustry for exchange and pay the fee for the reissue of identification plates autl1orized in Scl1edule A hereof unles� the error or mistake was due solely t:> the fault, carelessness or inadver tence of the Ministry. (2) Within thirty (30) days followi11g its occurrence, the owner or in-country possessor of a vehicle sl1all notify the Mi11istry of any change of facts which would re11der incorrect or untru� tl1e significance or meaning of any letter, colour or symbol on the identification plates, as described m Sche dule B appended hereto, present said plates to the Ministry for exchange and pay the fee for the reisst1e of identificatio11 plates authorized in Schedule A h ·ereof. (3) If either or both of the identification plates is lost, stole11, mutilated or destroyed or become's illegible, the O;rVner or in-country possessor of the vehicle shall promptly notify tl1e Ministry of said condition, prese11t any remaining plate or pla.tes to the Ministry for exohange, and pay the fee for the reissue of identification pla�es authorized i11 Schedule A hereof.
16. Absence of Identification Plates If a vehicle being driven, operated or used on any road of the Empire does not bear proper identification number plates: (1) The absence of such identification . sh�ll be regarded . �s prinia facie evidence that the vehicle has 11ot had its title properly cert1f1ed. (2) The onus of proving that t�e title of the ve�cle in question l1as be� n · er or in-country possessor of said properly certified sh , all rest with the o w vehicle. (3) The law enforcement au_thority �ay _oetain said vehicle ·� til the facts of ownership and proper title cert1f1catton have been establ1shed; and only after all the vehicle identification ani, documentation required b·y these Regulations have been obtained, restored or replaced and affixed in place shall the vehicle in question be released. - 707 -
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B. Permament Identificatio11 Number Plates 17. Issue of Per1oanent Identification Number Plates (1) Each application for a title certificate book sl1all co11stit11te an application for permanent identificatio11 nun1ber .plates for the vel1icle described t11erein, unless the provisions of Article 20 below apply. (2) When tl1e Ministry has deten:nu1ed that the applicatio11 is entitled to the issue of title certification, and after tl1e applica11t has paid the fee for the issue of perma.ne11t identification 11111nber plates a.uthorized in Scl1edule A hereof, the Ministry shall deliver to the applicant togetl1er \Vith the title certificate book, per111ar1ent identification n11mber plates in such quantity as is required to be displayed 011 the vel1icle accordi11g to the provisions of Article 14 above. (3) However, in the case of a tra11s:er of a used vehicle, it shall not be necessary for tl1e applicant to obtain new permanent identification n11mber plates for said vehicle; (a) after the Ministry l1as first determined; (i) that the plates already affixed on the vel1icle transferred correctly identify the vehicle's owners ,l1ip, use and place where it is to be kept 11sually when not in use, according to the scl1eme outline. d in Sche dule B appended heret0; and (ii) that said plates are in a clearly discernible co11dition; and (b) after the Ministry has noted tl1e change in ownersl1i J) i1 1 its records of identification plates issued. 18. Validity of Permane11t ldentificatio[l Plates The validity of per1nanent identificatio11 nu111ber plates shall co11tin11e from the date of tl1eir issue until: (I) tl1e vehicle thus identified is destroyed, scrapped or pern1a11ently rernoved fron1 use on the roads; or
I
'
(2) the meaning of any letter, colo11r or symbol on the identification plates as described in Sobedule B appended hereto, beco111es incorrect wI1 icl1ever of the two is the sooner. - 7
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19. Surrender of Permanent ldentific�tion Plates (1) Within tl1irty (30) clays followi11g tl1e destruction, scrapping or per1nanent val 111 fro m use on t� 1e roads of ar.y vel1icle beari11g permanent identi � � � f1cat1�n 11u11:ber plates 1sst1ed hereunder the owner or in-country possessor of said vel11cle s11all 11otify tl1e Ministry of said fact, and deliver and stirrender the per1nane11t icle11tification number plates for the vehicle affected to the Ministry for ca11cellatioo. (2) In cases of a cb,111ge of f,1cts rendering incorrect the meaning of any letter, colot1r or syn1bol on the identificatio1 plates, as set fortl1 in Schedule B appende� l1ereto, the OW11er or in-cotrntry possessor of the vehicle affected sl1all deliver a11d surrencler the plates .o tl1e Ministry for exchange.
C. Te111.1Jorar)' Iclentificaticri Ni,mber Plates 20. Issue of Temporary lde11tificatio11 Number Plates (1) At the tin1e of applica.tion for a title eertificate book, when it is unknown or indefinite wl1ere tl1e vel1icle, wl1ose title is to be certified, is to be kept ust1al1y whe11 11ot j11 :use, or wh.en it is ,)therwise impossible for the Ministry to isst1e pern1ane11t identification number plates, the applicant shall be entitled to l1ave issued to lli111 tempo1ary identification number plates for saicl vehicle. (2) Wl1en tl1e Ministry has determit1ed that the applicant is entitled to the isst1e of tit.le certification, and after the applicant has paid the fee for the issue of temporary identification number plates, as authorized in Sche dule A appended hereto, tl1e Minjstry �hall deliver to the applicant, together with the title certificate book, temporary identification plates in such quantity as is required to be displayed on the vehicle according to the provisions of Article 14 above. 21. Validity of Temporary Identification Plates (1) Temporary identification number pl2.tes shall be valid for a period of fifteen (15) days from tl1e date of their isst1e. (2) The validity of suoh plates may be rerewed or extended, •upon presentation of the completed form prescribed by the Ministry and payment of the fee for such renewal or exte11sion aurthorized in Schedule A hereof, for an additiona.l fifteen (15) days period, provided it remains unknown or indeiinite where the vehicle is to be kept usually when not in use, or other circumstances continue rendering it impossible for the Ministry to issue permanent identification number plates. 22. Surrender of Temporary Identification Plates As soon a.s i t becomes known and definite wl1ere the vehicle, for which a 1 tem4Jorary identification 11 1mber plate has been issued, is to be kept usually when not in use, or when other circumstances rendering it impossible for the Ministry to issue perma11ent identification number plates cease, the owner or in-country possessor of said vehicle shall deliver and surrender said temporary plate to the Ministry, declare on the form prescribed where the vehicle is to be kept usually when not in use, unless previously done, and pay the fee for the issue of a permanent identification number plarte as authorized in Sche dule A hereof.
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D. Trarzsferable ldentificatiorz Nuniber Plates
23. Special Uses of Transferable Identification Number Plates (1) Transferable identification n.L1nber plates 1nay be used interchangeably, but only among inventory vehicles belonging to the manufacturer, dealer, rebujlder or wrecker wl10 applied for and obtair1ed then1 . (2) While displaying such plates, s;tid vehicles may be drive11, operated or used on the roads of tl1e Empire fo1 the following purposes only: (a) transfers from port of entry or pl,1ce of acquisition to place or busin.ess; however, i11 cases of new vel:Licles being towed by a dealer's vehicle, itself bearing valid identification 11umber plates, no plates need be displayed on tl1e vehicle being towed; (b) occasional transfers from storage area to show room or retail display area, and vice versa; (c) drives or 11ses for testing purposes only; • (d) de111onstration drives or use) of a total round trip distance not exceeding twenty-five (25) kilo111etres; (e) drives or uses for en1ergency situations; and/ or (f) transfers from place of bu:jness to place of deljvery to a p11rchaser or other transferee. (3) Transfera.ble identificatio11 11t1n1 ber plates n1 ay never be displayed upon or used iI1 connectio11 witl1 wo�l< or service vehicles owned by a manufac t11rer, dealer, rebuilder, worker or tra11sporter.
24. Application for and Issue of Transferable Identification Plates (1) Any motor vehicle or trailer manufacturer, dea.ler, rebuilder or \Vrecker may make application to the Ministry upon tl1e appropriate form for one ; or more transferable identifica::ion pl,1tes. Together with suc]1 application tl1e applicant sl.1all also s11birut s11ch proof of ltis status as a bo11a fide n1anufacturer, dealer, rebuilder or wrecker as may reasonably be req,uired by the Ministry. (2) Whe ? t �e Ministry is satisfied _ as t � tl1e �enuineness and regularity of tl1e appl1cat1on. and ·tiliat the appl1cant 1s entitled to tl1e issue of transferable identi�catio � plates, after the 1pplica11t has paid tl1e fees for such plates authorized u1 Scbeclt1le A l1ereof, tl1e Ministry shall iss11e tl1e requested number of transferable identificatio11 plates . (3) When a partict1lar transferable ide11tification plate or set tl1ereof is issued during the cot1r �e of the year, :l1e aru.1ual fee payable sl1all be reduced by one-twelfth (I/ 12) part for e:1cl1 complete calendar 1nonth which J1as elapsed between tl1e preceedi11 g last day of Pagume and the date of issue of the plate or set tl1ereof. -710 -
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25. Validity of Transferable Ide11tification Plates
(1) Each particttlar transferable identification plate or each set thereof shall be valid from the date on which it is iss11ed 1mtil tl1e following last day of Pagume. (2) The validity of each .particular transferable identification plate or eacl1 set thereof may be renewed 01¡ replaced by a new plate or set thereof, for an additional one (I) year period, upo11 applicant's submission of the proper application prescribed by tl1e Mhustry and his payment of the appropriate fee authorized i n Schedule A hereof. 26. Records of Use of Transferable Identification Plates
Every motor vel1icle or trailer ma11ufact11rer, clea]er, rebuilder or wi¡ecker shall keep a written record, 011 the for111 prescribed by the Ministry, of the vehicles upon which transferable identification plates are used and the time during which each particular plate or each set tl1ereof is used on a partic11lar vehicle, which record sl1all be ope11 for i11spection by ,tny authorized Police Officer or employee of the Ministry. PART IV - ANNUAL REGISTRATION AND INSPECTION 27. Annual Registration Sticker Required
No owner of any motor vehicle or trailer shall drive, operate or use or allow to be driven, operated or used any such vehicle on any road of the Empire unless:
(1) a valid annual registration sticker has been issued with respect thereto and is properly displayed thereon; and
(2) said vehicle is driven, operated or 11sed 011ly for the pu.rpose authorized on the face of said sticker.
28. Vehicles Excepted The following types of vehicles need not be registered: (1) motor vehicles or trailers, the owners or in-country possessors of which have given written notice to the Ministry that they do not intend to drive, operate or use said vehicles for a definite period of at least one (1) year's duration expressly stated in such notice; (2) any vehicle engaged in intemaitional traffic for which a currently effective registration has been issued in another country; (3) any vehicle owned by a manufacturer, dealer. rebuilder or wrecker as part of his inventory or stock in trade; (4) any military vehicle; (5) any implement of husbandry;
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CONSOLIDATED LAWS OF ETI-IIOPIA
6) any special mobile equipment; (7) any self-propelled invalid carriage. 29. Application for Annual Registration Sticker (I) Upon the initial transfer of any motor vel1 icle or trailer for use on tl1 e roads; and (2) ann-ually thereafter, duri1 1g tl1e registration period a1 1d i11 11 0 case later than the last day of Yekatit, application in duplicate for the issue of an an11ual registration sticker shall be made by tl1e owner or jn-cou11try po�s �_ ssor of said vehicle \Vho sl1all duly complete the form prescribed by the Ministry. 30. Presentation of Application (1) Upon receipt of any application for an a.nnt1al registratio11 sticker, the
Ministry sl1all :
(a) co111pare the ap1Jlicatio11 wi-tl1 its official register and records; (b) check tl1e identifyu1g number or nun1bers 011 said application against its list of stole 11 and converted vehicles; and (c) ge11erally satisfy itself that tl1e title of the 111otor ve,hicle or trailer is duly certified and tha.t the applica11t is, in fact, tl1e owner or in-country possessor of the vehicle. (2) Tl1ereafter, the Ministry shall rett1m 011 e (1) COIJY of tl1 e application to tl1e
applicant to accon11Jany the vehicle through its inspectio11.
31. Presentation of Motor Vehicles and Trailers for ·Inspection (1) After presentation of his applicatio1 1 for annual registralio 11, tl1e 0\1/Jler or
in-country possessor of a motor vehicle or trailer shall present said vehicle for inspection at an inspectio11 station named or approvecl by tl1 e Ministry for the class of said vehicle.
(2) However, upon receipt of written petition, the Mit1istry 1nay waive tl1e requirement of i11spection, in cases of extreme i11co1 1ve1 1ie11ce or in1practi cabi1ity, witl1 respect to vehicles ust1ally kept i n ren1ote areas wl1 en not 1n use. 32. Inspection Stations (1) Inspection stations shall be facilities capable of inspecting 111otor vellicles and/ or trailers accordi1 1g to the inspection criteria set fortl1 i11 Article 33 below. (2) Inspection statio11 s may be: (a) either such a facility mai11tained and staffed by tl1 e Mi11istr)'; (b) or, �ter tlle Mi �ist �r has first deter1nined that it is fea.sible, practicable and. m the pu �l1c 1ntere�t to do �o, a1 1y 1notor vehicle a11d/ or trailer service or reparr enterprise to whicl1 l1as been delegated the power so - 712 -
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to i11spect accordi11g to a11y furtl1er conditio11s a11d / or restrictions deemed necessary, all as set fortl1 in a written i11strt11nent of delegation 1u1der the Minister's l1and. (3) However, in no case sl1all a new vel1icle, upon its initial transfer for use on tl1e roads, be inspected by any facility 11ot mai11tained and staffed by tJ1e Ministry.
33. Inspection Criteria Authorized inspectors at inspection statio11s shall inspect eacl1 ve11icle present ed for the purpose of establishing: (I) the authenticity of tl1e IJarticu.lars of identification for the vel1icle as set forth i1.1 its title certificate book and 011 its last a1mual registration sticker, if any; (2) tilie vehicle's ro,1d wortl1i11ess, its ca,pability of performi11g in a safe man11er when engaged for the purposes indicated in the application for annual registration; (3) the vel1icle's con1pliance witl1 the standards set fortl1 in all laws and regul ations relati11g to vehicle construction, equipment, size and weig_l1t . •
34. Issue of Inspection Certificate
When ilie authorized inspector is satisfied that the vehicle has fully met the inspection criteria, after the ow11er or in-country possessor tl1ereof has paid the fee for velucle inspection a-uthorized in Sched11le A hereof, tl1e authorized inspector shall d.eliver one (1) inspection certificate to said person.
35. Nature and Validity of Inspection Certificate The inspection certificate shall constitute documentary evidence of inspection and shall be valid for a period of one year; and during said period the vehicle may not be required to be inspected another time, 11nless the provisions of Article 36 below apply.
36. Special Inspections Any Officer of the Traffic Police, who is properly authorized to do so by the Regulations of the Traffic Police, may require a special inspection at any time with respect to any vehicle obviously: (1) not in a road worthy condition;
(2) not in compliance with the standards set for1lh in the laws and regulations relating to ve.hicle construction, equipment, size and weight; or (3) damaged to a substantial degree in a road accident, provided, such special ins1_1>€ction can be and is conducted at an inspection statioa maintained and staffed by the Ministry, where no fee shall be charged under such circmm stan.ces. - 713 -
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CONSOLIDATED LAWS OF ETIDOPIA
37. Issue of Annual Registration Sticker (1) Wl1en the Ministry is satisfied as to the genuineness and regular·ity of the application and that the vehicle is fully qualified to be driven, operated or used for the purposes to be authorized, as indicated on a valid inspec tion certificate un - less inspection has bee11 waived, and after the applicant has paid the applicable fees autJ1orized in Schedule A appended hereto, the Ministry shall deliver one (I) annual registration sticker to tl1e applicant. (2) However, in cases of registration upon an initial transfer at a time beyond the registration period, the annual fees payable shall be reduced by one twelfth (I/ 12) part for each com.plete calendar month w1hich has elapsed between tl1e preceeding last day of Yekatit and the date of issue of the registration sticker. 38. Display and Possession of Annual Registration Sticker (1) In cases of motor vehicles J1aving windscreens, the annual registration sticker issued for the partict1lar vehicle sl1all be displayed on the right side of tl1e wind-screen in the lower corner. (2) In cases of all other motor vehicles and trailers, the annual registration
sticker issued for tl1e particular vel1icle shall be ca . rried in tl1e vehicle or by the person driving, operating or using the same at all times of its being driven, operated or used on t]1e roads of the Empire.
39. Maintenance of Annual Registration Sticker (1) Wi�l1in thirty (30) days following his awareness of the fact, the hold.er of an annual registration sticker sha11 notify the Ministry of any error or mistake in the particulars noted on said sticker, present said sticker to the Ministry for correction and in addition pay the fee for a change of parti culars authorized in Schedule A hereof, unless the error or mistake was due solely to the fault, careless11ess or inadvertence of the Ministry. (2) With.in thirty (30) days followiIJg its occurrence, the l1older of an a.nnual registration sticker shall notify the Ministry of any change of facts noted on said sticker and present said sticker to tl1e Ministry for cancellation and/ or renotation of tl1e particulars affected and in ad.dition pay •the fee for a change of partict1lars authorized i11 Scl1edule A l1 ereof. •
(3) (a) If an ann �al registra !ion . sticker is lost, stolen, mutilated or destroyed, or �hould 1t_ becon1e 1lleg1ble, tl1e owner or in-country possessor of the velucle registered sl1all JJromptly make application for a duplicate. (b) Aft �r furnisl1ing inforn1at !on satisfactory to the Ministry and after pay 1?g the fee for a d ?pl1cat � autl1orized in Schedule A I1ereof, sa.id �p.pl.1cant _ shall be provided w1-th a duplicate bearing the legend, ''This 1s a Duplicate." - 114 -
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TRANSPOR1'ATION AND COMMUNICATIONS
21-8
--------------- ---- --- ---·
(c) A p�rson recovering an original annual registration sticker for wl1icb a duplicate h �s been issued shall promptly surrender the duplicate sticker . to tl1e M1111stry for cancellation and clestruction.
40. Validity of Annual Registration Sticker Every annual registration sticker shall be valid from its date of issue until the end of the next annual registratio11 period.
41. Absence of Annual Registration Sticker If · the driver, operator or user of a vehicle is t1nable to show or to produce a valid annual registration sticker upon de1na11d by an Officer of tl1e Traffic Police, who is pro,perly autl1orized to make such de1nand by the Regulations of the Traffic Police : (1) The absence of sucl1 vehicle identification shall be regarded as prime, facie evidence that tl1e vehicle has 11ot been properly registered. (2) The onus of proving tl1at the velucle in question has been properly registered rests with the owner or in-country possessor of the vehicle. (3) The law enforcement auiliority may detain st1ch vehicle until the fact of registration has been established; and only after the vehicle identification and documentation required by these Regulations have been obtajned, restored or replaced shall the vehicle in question be released.
PART V - OFFICIAL REGISTER, RECORDS AND LISTS 42. Prima Facie Evidence and Priorities (I) All applications, correspondence forms and documents maintained in the official records and all notations in the official register sl1all constitute prima facie evidence of the facts recorded therein. (2) In the event of competition between or among transferees of ownership with respect to motor vehicles and trailers, priority shall be determined on the basis of the time and date of title certification.
43. Public Use of Official Register and Records (1) Upon request and payment of the fee authorized therefor in Schedule A
appended hereto, both the official register and the official records shall be open fo·r inspection by an interested party, during the office hours of the Ministry.
(2) Upon request and ·payment of the fee authorized therefor in Schedule A appended hereto, the Ministry shall forward to any interested party a certified copy of any document or part thereof contained in either the official records or in the official register. - 715 -
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CONSOLIDATED LAWS OF ETHIOPIA
(3) However, no fees sl1all be charged to any law enforcement authority f_ or whom such inspection or certified copy is necessary for the proper d1 s charge of its duties. 44. List of Vehicles Certified and Registered
(1) The Ministry shall keep and properly maintain a cumulative list. of all vehicles whose titles have been certified and which have been registered for the current year. (2) Periodically, the Ministry shall compile and, tipon request, distribute said list of vehicles to appropriate authorities without fee, and to others for the fee prescribed in Sbedt1le A appended hereto. 45. List of Stolen or Converte Vehicles
(I) The Ministry shall keep and properly n1ainlain a cumulative list of stolen, converted, recovered and/ or unclaimed vel1icles reported to it. (2) Periodically, the Ministry shall compile and, t1pon reqt1 est, distribute said
list of vehicle to appropriate autl1orities w.itl1ot1t fee, a11d to otl1ers for tl1e fee prescribed in Schedule A appended l1 ereto.
(3) The Ministry may also publish sucl1 li.sts in any newspaper as it m.ay deern
fit and proper.
PART VI - FINAL PROVISIONS 46. Violations of These Regulations
Whosoever fails to comply with any provision of tl1ese Regulations, i 11 accor dance with Article 24 of tl1e Principal Proclamation, sl1all be guilty of an offence, and upon conviction thereof shall be liable to the penalities prescribed in the Penal Code. CROSS REFERENCE The Articles of the Penal Code primarily referred to appear to be, Pen. C. 16/Ex. I (1957) Arts. 354, 364, 499 - 502, 746, 782, 783.
47. Documentation Previously Issued
All documentation with respect to title certification and all11t1al registration and -inspection, and all identification plates issued by or 011 bel1alf of tl1 e Ministry before the effective date of these Regulations sl1all conti 11ue in force as tl1ougl1 issued hereunder. 48. Effective Date
These Regulations sl1all come i11to force upon the date of tl1eir l)Ublication in the Negarit Gazeta. - 716 -
I
,-fRANSPORTATION AND COMMUNICATIONS
21-8
SCHEDULE A FEES AND CH.1\RGES.
J. Title Certification
Eth. $
A. Issue of Title Certificate Book I. (a) Motor cycles; (b) three (3) wl1eeled n1otor vebicles with an t1nladed weight not greater tl1an fot1r (4) qui11tals; or (c) light trailers witl1 a maxim11m loaded weight not greater than seven and half (7½) qui11tals . . . . .. . . . ... .. . . . . . . . . .. . .. 4 2. all otl1er vehicles . . . . .. . . . .. . . . . . . . . .. .. . . . . .. . . . . 8 B. Change of Particulars ... • • • • • • • • • • ••• ••• ••• • •• • •• ••• I per item • •
C. Duplicate Title Certificate Book .. . . ..
••
•
•••
•• •
as per original
•••
II. Identification Number Plates A. Issue, Reissue or Renewal of Temporary Plates ...
•• •
•••
•• •
••
•
•••
••
•
•••
•••
•••
•••
5
B. Issue or Reissue of Permanent Plates 1. light trailers with a maximum. lavfully loaded weight not greater than seven and. a half (7½) quintals .. .
. . . . ..
...
. ..
...
.. .
... 5
2. (a) motor cycles; or (b) three (3) wheeled motor vehicles with an unladen weight not greater than four (4) quintals
3. All other vehicles
C. Issue or Renewal of Transferable Plates
m. .Annual
•• •
•• •
.. .
•••
••
•
•••
•••
•••
•••
••
•••
• ••
•• •
•••
•••
•••
•••
•
••
• • •
•• •
•••
• •
•
.. .
••
•
•••
•••
•••
•• •
••
•••
•
•
7
9 25
Vehicle Inspection
A. Annual Inspectio·n and Issue of Inspection Certificate 1. (a) motor cycles; (b) three (3) wheeled motor vehicles wiith an unladen weight not greater than four (4) quintals or
- 717 -
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CONSOLIDATED LAWS OF ETHIOPIA
(c) ligl1t trailers wi,tJ1 a maximum lawfully loaded weight not greater tl1an seve11 a11d a half (7½) quintals • • • • • • • • • • • • . . . .. . 2 2. Private motor cars and public service vehicles having, in addition to tile driver's seat, at n1ost eight (8) seats . . . . . .
. . . .. .
.. .
4
3. (a) commercial vehicles having a ma.xin1u1n lawful]y loaded weight not greater than thirty-five (35) quintals; or (b) public service vehicles having, in addition to tl1e d.river's seat, at 8
.. .
. .. . . .
...
•••
•• •
• ••
•••
• ••
•••
•••
•••
•••
•••
•• •
.. . 15
B. Duplicate of I11spection Certifcate ...
•••
•••
.. .
• ••
•
••
•••
...
most twenty (20) seats ... 4. All other vehicles ...
•••
•••
2
IV. Ann,ml Vehicle Registration
A. Annual Registration and Isst1e of Annual Registration sticker i I. (a) motor cycles; (b) tlrree (3) wheeled motor lel1icles with an t1nladen weight not greater than four (4) quintals or (c) light trailers with a ma:::imum lawfully loaded weight not greater than seve11 and a l1alf (?½) quintals
•••
•••
•••
•• •
•••
. . . 10
2. Private motor cars and putlic service vel1icles having, in addition to the driver's seat: (a) 1 to 6 seats
.. .
••
(b) 7 to 86 seats
••
...
•••
•• •
. ..
•••
••
. ..
•••
•••
(c) 87 and above passenger seats ...
•••
•••
•
•
•
•
... • • • • • • plus 2 per seat
••
.. . • • • • • • • • • plus 2.50 per seat •••
• ••
•••
•••
•••
30
•• •
35 250
3. Commercial vehicles 11aving a quintal Joad capacit)' of: (a) 5 ;to 70 quintals
. .. . . . . . .
(b) 71 to 90 quintals ... (c) 91 or n1ore quinta]s
••• ••
•
•
••
•
••
. . . .. . ... ... • • • • • • .. . 25 plus 2.50 per quintal •••
•• •
••• •
•
•
•• • •••
131 plus 1 per quintal ... 172.50 plus 0.50 per quintal
4. Commercial trailers having any number of qu.intals of load capacity 25 plus 0.60 per quintal - "18 -
21-8
rfRANSPOllTATION AND CotvtMUNICA"flONS
5. Special Mobile Eq11ipn1ent ... B. Change of Particulars ...
•••
• • •
•• •
• ••
•• •
• ••
...
...
•
•••
• ••
•••
• ••
.. .
•••
•••
1
••
per item
C. Duplicate of An11ual Registration
150
• ••
• ••
• • •
•••
Pi,blic Vse of Official Register, Recorcls a11d Lists A. Inspection of Officjal Register, Record a11d Lists
•• •
• •
•
• ••
•
••
••
•
5
•• •
• • •
•• •
•
••
• ••
1
B. Certified Copy of any docu111ent or part tl1ereof contained in the official Register or Records C. Copy of Official Lis.ts
• ••
• •
•
•••
• ••
•
••
•••
•• •
• ••
• ••
• ••
• ••
2
• • •
1
per page or part thereof • •
•
• ••
•• •
•
••
•••
• ••
•••
• ••
•••
•
••
per •page or part thereof
SCHEDULE B MOTOR VEHICLE AND TRAILER IDENTIFICATION PLATES SCHEMES I. Colour Combinations
Colour combinations used on identificaticn plates sl1all identify the ownership and use of the vehicles bearing said plates. The following colour combinations, among otl1ers, shall have tl1e n1eanings prescribed below:
1':olour Co,nbinations: A. White filed, with Black letters A. Ow11ed by any non-military depart ment or agency of the Imperial Ethio and numerals pian Government and used for official purposes.
Meanings:
B. Light Blue field, with Silver B. Owned by the United Nations, the Organization of African Unity, or any (White) letters and numerals. oller international organization orf any agencies tl1ereof, and used for oficial pllrposes. C. White field with Black letters C. Owned by a diplomatic, consular or o:her foreign mission or any agencies and numerals, tltereof, and used for official purposes. Yellow vertical strip on fthe left s.ide. D. Black field, with White letters and numerals.
D. Owned privately by naitural or legal ptrsons, and used for private pur p,)ses.
E. Green field, with White letters and numerals.
E. Owned privately as a hackney, and u;ed for wage or hire.
- 719 -
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CONSOLIDATED LAWS OF ETI-IlOPlA
II. Letter Combinations
s tl1e ing ve an ha 1ne all sh tes pla on ati fic nti ide on Letter combinations us ed prescribed below: r ne the ow te ica ind ll a sb, , ers oth g on am , ns lio ina mb A. The following letter co ship ,md use of the vehicles tearing said plates: Letter Combi11.ations: I. CC
Mec1/1ings:
1.
Owned by a consular mission or any agencies thereof, and used for official purposes.
2.
CD
2.
Owred by a diplon1atic mission or any agencies tl1ereof, and used for official purposes.
3.
UN
3.
Owued by tl1e United Nations or �tny agencies tl1ereof, and used for official purposes.
4.
:J-n(I.. (Taxi)
4.
Ow1:ied privately as a l1ack.ney, and used for wage or hre.
B. Tl1e following letter co111binatio11s shall indicate the Province where the veJ1icles bearing said plates are usually kept wl1en not in use: Letter Combinations: 1.
)',(l.
2. 1,1. 3. 1'}. 4. 1',P'.
5. '1.?°.
6. .�.DI/.
7. ,hl. 8. •101o.
9. 'f:OI/. 10. 1'.i',. 11. ,-,'l'. 12 {JD,,,. 13. ., <I>. 14. �fl..
(Assella) (Gobba) (Gondar) (As1nara) (Arba Minoh) (Debre Markos) (Harar) (Gore) (Jimma) (Addis Ababa) (Awassa) (Mekele) (Nekemte) (Dessie)
Provinces: 1.
-·
?
3. 4. 5. 6 7.
8.
9. IO. 11. 12. 13.
14.
Arussi Province Bale Province Begemder Province Eritrea Province Gemu Gofa Province Godjan1 Province I-Iararge Province Ulubabor Province Kafa Province Sl1oa Province Sidan10 Province Tigre Province Wollega Province Wollo Provi11ce
ill. Special Plates A. Te111porc1r)' lde11tificatio11 Number Plates s/1all: 1. display a Red field, witl1 Wltite letters and nt1merals; and 2. bear the legend:
r lJfl :,. w fl,.'; : B. Tran�ferable Identification Ntinber Plates shall: 1. display a Green field witl1 Yellow letters and numerals; and 2. bear tile legend: �l•f\'l&. : - 720 -
TRANSPORTATION AND 0:>MMUNICATIONS
21-8,9
IV. Other Colour Combinations, letter Combnations and Symbols A- Any private, governmenta.l, foreign or international agency, organization or society, 11ot specific,llly me11tio11ed in this Schedt1le, wisl1i11g to display a colo11r combi11a:tion, letter combin,1tio11 or syn1bol, not s1Jecified herein, may do so 011ly witl1 tl1e written per-mission of tl1e Mi11ister. B. Sucl1 per1nissio11 s,hall be granted only if all tl1e fol]o.wi11g cri,teria are met: 1. There is st1fficie11t neecl for tl1e di)ti11ctive pl,1te design proposed. 2. There is no co11ft1sio11 wi tl1 a11y sc.l1e1ne prescribed l1erein. 3. Tl1e proposed plate desig11 is clear ru1d reasonably discernible to road users. 4. The proposed plate -i11arkings clearly i11dicate tl1e ownership and use of tl1e vehicles wl1icl1 are to bea1 said plates. Done at Addis f\baba 011 tl1is 2211cl da:; of Febr11ary, 1969. 28 / 9 (1969) L. 361
REGULATIONS ISSUED PU'RSU:\NT TO THE ROAD TRAVEL AND TRANSPORT PROCLAMATION, 1967 1. Issuing Authority Tl1ese Regulations are isst1ed. by the Minister of Co1nmunications pursuant to authority vested in him by Article 5 (2) (e) and (j) of the Road Travel and Transport Proclamation, 1967 (Proclam:1tior No. 256 of 1967) (hereinafter the ''Principalďż˝ Proclan1ation'').
2. Short Title These Regulatio11s ma)' be cited as the ''Road Traffic (Speed Lim.it) Regula tions, 1969''.
3. Repeal Articles 17 and 18 of the Transport (Amendn1ent) Regulations, 1963 (Legal Notice No. 279 of 1963), carried over into force by the Road Travel (Confirmation of Validity) Regulations, 1968 (Legal Notice No. 335 of 1966), are hereby repealed. CROSS REFERENCE Tra.nsport (Amendment) Regulations, 23 / 5 (1963) L. 279, 21, Consol. L. Eth. 6. Road Travel (Confirmation of Validity) Regulations, 27/ IO (1968) L. 335, 21 Consol. L. Eth. 7.
4. Definitions In these Regulation.s, unless the context otherwise requires, the terms defined in Article 3 of the Principal Procla.mation sl1all have the meanin.gs prescribed therein, and the following additional terms shall have the meaning prescribed below:
- 721 -
CONSOLIDATED LAWS OF ETfilOPlA
21-9
(1) ''Speed Linut'' - the maximu111 spee d at whjch a motor vehicle may be driven in any given situation: (2) ''In1pleme nt of Ht1sbandry'' - any vehicle �� signed. or adapted pri�. ar_ ily . for agricultural, I1orticultural :>r livestock ra1s1ng operat:Jons, or for lifting, carryi.11g or pulling such ve.hldes; (3) ''Primary Highway'' - any .national road which: (a) connects points in Ethiopii with tra.de and market centres in adjacent countries; (b) connects major cities, provincial capitals, seaports and major boarder points with the Empire's capital; (c) interconne cts main centres of populations; and/or (d) interconnects principal market, production and de velopm ent c entres; (4) ''Seco11dary Highway'' - any naitional road, not qualifying as a Primary Highway, wltioh: (a) interconnects importa11t tows and/ or villages in agricultural, livestock productio11, industrial and marketing regio11s in each Province ; and/or (b) connects seats of subpro\i11cial adiministration with the system of Pri1nary Highways; (5) "Feeder Road'' - any nation1I road, not qualifying as a Primal")' High way or a Secondary Higbwa.y, which: (a) connects farm areas to market points; (b) interconnects sn1all towns and villages; and/or (c) provides access to Primary Highways and/ or Secondary Higl1ways from district and local ce11tr es of agricultural, mining and other pro ductio11; and (6) ''Local Feeder Road'' - any :-oad, which is not designed, constructed or m �intained by, �r under the_ d�rection and supe rvision of the Imperial 1-Iig�way Autl1or1ty, b ?t wh1ct 1s open to the general use of th e public and 1s ,passable to vehicular traffic. 5. General Principles (1) No person sl1all dri:e a _mo�?.r vehicle on any road of the Empire at a spee� . greate. r tl1�n that JUst1f1td by r easonable concern for all r elevant con?.10.ons affect�g th� reasonableness of the speed at wl1icli the motor �e�cle_ may be dnve� m safety, and said co11ditions sl1all inclt1de witl1out li1Il.ltat1on, the followmg : (a ) the surface, width and general condtiion of tihe roa.d; (b) the terrain through whlch tb e road passes , and tlie 11 11,...,,b e r of ct1rves • an d mc · s necess1ta:ted trer eby; · 1me (c ) �1� � xjstence of pr_ ecipitation, fo g or otl1er natural plieno m ena affecting v1s1bility or traction; Ulll,l
-722 -
21-9 -,------------------------------(cl) the cle11si1t y of s.t1rrou11di11g habitation; (e) tl1e density of traffic, actt1ally er resonably to be expected on the road; TRANSPORTATION AN¡o COMMUNICATIONS
(f) tl1e existence of detours, blockades, stalled vehicles, fallen rock a11d other obstacles ;to passage; and (g) any ot!l1er circt1111stances adverse to the driver's ability to maintain full control over tl1e vehicle at all times and to proceed in a safe 1nai1ner. (2) Paragrapl1 (1) hereof 11otwitl1sta11ding, 110 person shall drive a motor vel1icle on any road of t'11e E1npire io excess of the speed limits prescribed in Articles 6 a11d 7 or JJt1rsuant to Article 8 of tl1ese Regulations. (3) No person shall drive a 111otor vehicle on any road of the Empire at s-uch slow speed -as to i1npede tl1e nor111al and reasonable movement of traffic, except wl1ere redt1ced s1)eed is 11ece.;sary for safe operation. (4) Where red11ced SJ)eed is necessary for safe operation, or wl1ere reduced speed is prescribed i11 Articles 6 and 7 or pursu- ant to Article 8 of tl1ese Regt1latio11s, any ,111otor vehlcle mov_ng slowly in relatio.n to other traffic 1noving 11ear it and in the same cireotion shall travel at the extreme right edge of the road.
6. General Speed Limits Outside Municipal Boundaries Outiside the boundaries of Municipalities, no person shall: (I) drive a private motor car or a mo-tor cycle at a speed in excess of: (a) one hundred (100) kilometres pEr l1our on Primary Highways; (b) seventy (70) kilometres per hour on Secondary Highways; or (c) sixty (60) kilometres per hour on Feeder Roads and Local Feeder Roads; (2) drive a commercial velticle or excess of:
,t
:public service vehicle at a speed in
(a) eighty (80) kilometres per :hour on Primary Highways; (b) sixty ( 60) kilometres per hour on Secondary Highways; or (c) fifty (50) kilometres per hour on Feeder Roads and Local Feeder Roads; or (3) drive a combination mo-tor vehicle and trailer, a combination truck tractor and semi-trailer, an implemeoit of husbandry, or any other motor vehicle at a speed in excess of: (a) seventy (70) kilometres per hour on Primary Highways; (b) fifty (50) kilometres ,per hour on Secondary Highways; or (c) forty (40) kilometres per hour -:>n Feeder Roads_ and Local Feeder Roads.
- 723 -
21-9
CONSOLIDATED LAWS OF ETHIOPIA
7. General Speed Limits within Municipal Boundaries Witbi11 tl1 e bo.undaries of Munici_ralities, no person shall: (l ) drive a priv,lte n1otor car or ,1 motor cycle 011 any road at a. speed in excess of sixty (60) kilometres per hour; (2) drive a commercial ve11icle h1ving a 111aximum lawfully loaded weight not greater than tl1ree thousanc. five hundred. (3,500) kilograms or a public service vehicle in excess of forty (40) kilomeitres per l1our; · or (3) drive a con1mercial vel1icle having a 1naximuITT1 lawfully loa.d ed weight greater tl1an three thousand fi� l1undred (3,500) kilograms, ,1 co1nbination motor ve]1icle and trailer, a conbi11atio11 truck-tractor and semi-trailer, an irnplen1ent of b11sba11dry or otl1er motor vel1icle at a speed in excess of tl1irty (30) kilo111etres per hour.
8. Special Speed Limits (1)
all circt1n1stances wl1ere tl1e pt1blic safety so reqt1ires, the speed limits prescribed i11 Articles 6 and 7 above sl1all be redt1ced for any or all classes of motor vel1 icles travelling 011 any partict1lar road or part tl1ereof, over a11y particular bridge. 111
(2) (a) OUJtside tl1e bot111daries of Ylunicipa]jties, res1Jonsibility for the estab
l:isl1111 e11t of speed lin1its at varia11ce wifih those prescribed in Article 6 above is l1ereby delegated to tl1e I111 perial Higl1way Aut11ority; and (b) Witl1i11 tl1e bou11daries of Municipalities, respo11sability for the estab lisl1111ent of speed li1nits at varia11ce witl1 those prescribed in Article 7 above is l1ereby delegated to the local muncipal aut:l1orities to be exercised witl1in their respective jt1risdictions; provided, however, what were sucl1 special s�ed limits are establis-l1ed, notice tl1 ereof s,hall be posted clearly at ;tp1Jropriate reg11lar intervals on tl1e roads or bridges a.ffected tl1ereby.
9. Penal Provisions Wl1osoever drives at1y motor vebide at a speed i11 excess of tl1e speed limits fixed in or pursuant to tl1ese Regt1lati)11s, i11 accordance witl1 Article 24 of the Principal Proclamation, sl1all be guilty )f an offe11ce, and 111)00 conviction t11ereof sl1all be liable to tl1e penalties IJrescrited i11 the Penal Code. CROSS R::FERENCE The Articles of the Penal Code IJrim.irily referred to appear to be, Pen. 1 (1957) Arts. 354, 364, 499-502, 746, 782, 7�3.
c.
16 /Ex.
10. Effective Date Tl1ese Regulations sl1all enter into force on tl1e date of their publication in the Negarit Gazeta. Done at Addis Ababa on this 22rd day of February 1969. - 724 -
TRANSPORTATION AND CO!v11\1UNICATIONS
21-10
28/9 (1969) L. 362
REGULA1IONS ISSUED PURSUANT TO TlIE ROAD TRAVEL AND TRANSPORT PROCLAMATION, 1967 1. Issuing Authority Tl _1ese Regt1l�t:io1�s are isst1ecl by tl1e M.11ister of Comn1unications pursuant to at1thor1ty vested 1n l1 11n by ArtjcJe 5 (2) (b), (c) and U) of the Road Travel and _ _ !ra ?s�ort Proclamat1011, 1967 (Procla111atic11 No. 256 of 1967) [hereinafter the Pr1nc1pal Procla111atio11''].
2. Short Title T11ese Regul,1tio11s may be cited as tl1e ''Motor Vehicle Operators (Licence) Regulations, 1969."
3. Definitions In tl1ese Regula.lions, u11less tl1e context otherwise requires, the terms defined in Article 3 of tl1e Pri11cipal Procla111atioJJ sl1all have the n1ea11i11gs prescribed therein, and the following additional ter1ns sl1all have the 1neanings prescribed below: (1) ''civilian licence'' - any motor vel1jcle operator's lice11ce isst1ed hereu11der by the Ministry of Con1mUI.ucations or by any lawfully authorized agent thereof; (2) ''foreign licence'' - any 1notor vehicle operator's licence or permit, for other than tl1e purpose of learni11g, issued by a11y foreign government recognized by the Imperial Ethiopian Govem.me11t, or by any political subdivision of sa.id foreign govem111ent, or on behalf of any such foreign authority by any dt1ly empowered 1ssociation; (3) ''Government Medical Officer'' - any duly licensed physician in the employment of the Imperial Ethiop:an Government; (4) ''heavy duty vehicle'' - any motor vehicle constructed or adapted for use and used primarily for such purposes as eartl1 moving, road construc tion and bt1ilding, including but not !united to: du1np trucks truck-mounted transit mixers, cranes or shovels, steam rollers and motor vehicles constructed or adapted to pull or ca,rry such equipment; (5) ''international driving permit'' - any motor vel1icle operator's licence issued in accorda11ce with the Uttited Nations Convention on Road Traffic, signed in Geneva, Switzerl-md, on Septen1ber 19, 1949; (6) ''Licensing Officer'' - any person to whom the Minjster has delegated the responsibilities and discretions of said Officer as specified herein, and the authority to grant and to renew motor vehicle operators' licence-s hereunder;
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(7) ''ligl1t trailer'.' - any trailer having a maxim�m lawfully loaded weight not exceeding seven hundred and fifty (750) kilograms; (8) ''military licence" - any motor velticle operator's licence issued by the Minis1ry of Defence pursuant to Article 18 hereof; (9) ''Police Officer" - any me1nber of the Imperial Ethiopian Police Force . authorized by the Regulations of the Police Force to rec1t1est a dnver of a motor vehicle to produce his operator's licence or permit for inspec tion; and (10 ) ''Testing Officer'' - any technicia.n to whom the Minister has delegated the authority and duty to assist the Licensing Officer by administering the tests required under Article 9 hereof, and by certifying the results thereof. 4. General Principle
Except for the pt1rpose of leanling vel1icle person shall drive a 111otor ve.l1icle on a11y road of possessor of a11y sucl1 vel1icle sl1all ki1owingly allow tbe driver is a l1older of a valid operator's lice11ce to drive tl1e parti<?ular type of vehicle operated.
OJJeration and handling, no the Empire, and no owner· or any person so to drive, unless bearing specific autl1orization
5. Conditions for Learning to Drive
For t]1e sole purpose of learning vehicle operation and handling, a person not l1avi11g a 111otor vel1icle operator's licence 1nay; (1) use a n1otor cycle upon any unfreqt1ented road, provided a sig11 bearing t ,he word ''LEARNER'' is affixed at the rear in such a n1anner tl1at it is clearly visible to any driver following behind at a dista11ce of fitfy (50) metres; and (2) drive any other type of 11n.1aden motor vehicle upon any unfrequented road: (a) provided, a sigi1 bearing the word ''LEARNER'' is affixed at the rea � in such a _ manner th�t it is clearly visible to any driver following bel11nd at a distance of fifty (50) 111etres; and (b) provided furt1her, the learner is accompanied by a11 instructor \Vho sl1all: (i) be himself a l1older of a valid operator's licence for tl1 e particular type of vel1icle used; (ii) sit next to the learner at all times of the vehicle's operation; and (iii)� � jointly and severally liable with the learner for a11y damage or tnJury cat1sed by the learner while so driving. - 726 -
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6. Operator's Licences
Motor vel1icle operators' lice11ces shall be issued in the following classes: (1) Fi,·st Class Operator's Licence, whicl1 shall bear aiUtl1orizatio1.1 for tl1e holder to operate on any road of the Empire:
(a) any motor cycle, with or with::>ut a side-car; and (b) any three (3) wheeled n1otor velucle with an unladeii weight not exceeding four hundred (400) ki:ograms. (2) Second Class Operator's Licence, which shall bear authorization for the holder to operate on any road of the Empire: (a) any comn1ercial vehicle l1avi11g a maximu1n -lawfully loaded weight not greater than three tl• 1ot1sa11d five hundred (3,500) kilograms; (b) any private motor car having, in addition to the driver's seat, at most eight (8) searts; and (c) either of the above described types of vehicles coupled witl1 a light trailer. (3) Tliird Class Operator's Licence, which shall bear autl1orizatio11 for the holder to operate on any road of the Empire: (a) any Second Class motor vehicle; as well as (b) any commercial vehicle having a maximu-m lawfully loaded weight from three thousand five l1u1Ldred (3,500) kilogran1s up to five thousand (5,000) kilograms; (c) any public service vehicle havi.t1g, in addition to the driver's seat, at most eight (8) seats; and (d) any of the above described tY?es of vehicles coupled witl1 a light trailer. (4) Fourth Class Operator's Licence, vhich shall bear aruthorization for the holder to operate on any road of 1he Empire: (a) any Second or Third Class motor vehicle; as well as (b) any corn·rnercial vehicle having a maximum lawfully loaded weight of more than five thousand (5,000) kilograms; (c) any public service vehicle havin�, in addition to the driver's seat, more than eight (8) sea1s; and (d) any of the above described types of vehicles colllpled with a light trailer. 1
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(5) Fifth Class Operator's Licence, which shall bear authorization for the holder to operate on any road of th� Empire ,any Second Third or Fourth Class motor vehicle as well as any truck tractor when co11pled with any trailer other than a light trailer. 1
(6) Sixth Class Operator's Licence, which s.ball bear authorization for the holder to operate on any road of tre Empire such specific types of heavy dnt· y vehicles as may be indicated on the licence itself. - 727-
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7. Age and Experience Requirements No licence sl1all be granted hereuJ1der to any person :
(1) Under tl1e age of sixteen (16) years, in cases of First Class Operators' Licences; (2) under tlle a.ge of eighteen (18) years, in cases of Second Class Operators' Licences; (3) under the age of twenty-one (21) years, or witl� I�ss � l1an on� (I) year's driving experience witl1 a Second Class Opera.tor s Licence, 10 cases of Third Class Operators' Licences; and (4) •under tl1e age of twe11ty-ooe i21) years, or with le�s tl1an. one (1) year's driving experie11ce with a Thj1d Class Operator's Licence, 1n cases of: (a) Fottrth Class Operators' L: cences; (b) Fifth Class Oper ators' Licences; or (c) Sixtl1 Cl ass Operators' Licences. 8. Guarantor Required for 1\1inors
(1) At1y applica11t for a First Class Operator's Licence hereunder who has not reacl1ed the a ge of eigh teen (18) years must J1ave 11is application co-signed by a gt1ara11tor wh o has reacl1ed l1is ,m ajority. (2) Any d.amage or injury caused ·Jy the minor while driving s hall be the res po11sibility of said gua ra11tor i:i accorda11ce with tl1e law. (3) Tl1e validity of any lice11ce so obtained shall lapse: (a) at1to111atically upo11 the dea:h of tl1e guarantor; or (b) t1po11 tl1e Mi11is·tr)1 's receipt of a written, signed ar1d dated disclaimer of li ability from the said guara.ntor; however, said l icence may be revived upon signature by al1other such guarantor. 9. Qualification Tests
(I) No licence shall be issued bereunder unless tl1e followi11g tests have been successft1lly passed by th:! applica nt: (a) � Traffic R �les Exam �natiCi11 , wltich sl1all be written if tl1 e applicant 1s able to write, ot �erwise o�al, and wltich sl1all 111easure tl1 e a pplicant's knowledge of traffic rules, t11e 111ea11ings of tl1e variotis traffic n1ark ings, sigi1 s . a nd sigi1a ls, tl1 e. speed li1nits a r1d. any otl1er rules for tl1e s afe opera_t1on of 1uotor _ vet.1cles on the roads, as set fort}1 in any law or regulation ct1rrently 111 force; and (b) a P �actic� Driving Den1 onstration, wl1icl1 shall determine the :11Jpli . to 11andle and o .pe ,tte efficiently a nd safely t11 e type of cant s ab1.l�ty � . motor v�hicl � wh?s � opera:1011 _is to be licensed to be de1nonstrated by appl1cant. s dr1v1ng tl1e vehicle in question i n tlle presence or
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comp,1ny of a Testing Officer wl1) s11all observe and not the following: (i) applicant's control of the vehicle at all ti1nes; (ii) applicant's ability to operate tl1e vehicle s1noothly and confidently; and (iii) applicant's conscientious compliance witl1 all relevant traffic rules, obedie11ce to all road sig11s and sig11als and observance of speed limits. (2) Tl1e Licensing Officer sh::111 dispense wiili botl1 of tl1e above described tests wl1en iss11i11g a11 OJ?erator's lice11ce to a perso11 who, prior to the coming i11to force of tl1ese Regulatio11s, ,ha.s bee11 tl1e ·holder of a licence entitling l1im to operate tl1e type of m . otor vel1icle wl1ose operation is to be licensed. (3) The Lice11si11g Officer sl1all d .ispe11�e with botl1 of tl1e above described
tests wl1e11 iss11i11g a11. operator's lice11ce to a person who is a holder of a valid foreigr1 I ice11ce or inter11atio11al driving permit, provided such co11rtes)1 is reciprocated by the foreigi1. country wl1ich issued said licence or per111it, as deter1ni11ed by tl1e Minister.
(4) For e,1cl1 test take11 the a.pplicant shall pay the fee prescribed in Sche dule A appended l1ereto. (5) Upon applica11t's completi11g any re1,uired test and after his payment of the fee prescribed tl1erefor, ·tl1e Testing Officer shall issue a certificate testif),ing to tl1e test results and coni.aining any restrictions as to the type of motor vel1icle wl1ich t11e applicant has demonstrated l1is qualification to drive. 10. Physical Requirements
No licence shall be iss11ed or renewed h�reunder, unless the Licensing Officer has first satjsfied -himself that tl1e physique, vision, hearing and ge·nera1 health of the applicant are sucl1 as to j.ustify the issue or renewal of the licence, according to tl1e following: (1) Upon every jnitial applicatjon for a licence, the Licensing Of·f.icer shall order a general n1edical exa1nination to be given to the applicant by a Govern1nent Medical Officer. (2) Thereafter, upon application for a renewal of a licence, whenever Licensing Officer has reasonable cause to suspect the existence of physical disease, disability, •handicap or conditio·n inconsistent with safe o p , eration of a motor vehicle, s:1id. Officer shall order; (a) a vision test; or (b) a hea.ring test; or (c) an examination in any otiher relevant particular; or (d) a general medical examination, as appropriate, to be given to applicant by a Government Officer.
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the any the
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CONSOLfDATED LAWS OF ETHIOPIA
(3) In ea.ch case of a test or e�amination ordered un der this Article, the . Gov ernm ent Me dical Officer shall make a re port on the forn1 prescribe d by tl1e Ministry. (4) Tl1e decision of th e Govern□1 ent Medical ?ffic er as . to the pbysic� l fitness or unfitness of the applicant to have issue� � o him a. n operator s licence an d un der what special conditions or restn c t1011s shall be final.
11. Application for Licence (1) All applications for licences aereund_er shall be m� d� in person to the _ Licensing Officer on the form prescribed by the MlDlstr� and th� par� 1culars require d shall, where the applicant is able to write, b e given 1n lus own handwriting. (2) Each application shall b e acwmpanied by all certificat_es issued by a�y T esting Officer and any otl1e� authorized p erso� at� est1ng to . th e appli cant's suc cessful passing of 1be test an d exam.tnat1ons r equired under tl1ese Regulations.
12. Issue of Licence (1) After applica11t's presentation of tl1e application properly completed and
accon1panied by all the certificates required, and after his payment of all fees chargeable according to �chedule A appended h ereto, the Li censing Officer sl1all issue the particular class of licence req,uested, in the form prescrib ed by the Ministry, l1aving ind icated there on any conditions an d /or restrictio11s l1e may have deemed necessary.
(2) All licences shall have attached th ereto a photograph of the hol der wllicl1 sl1all be impress ed with th e o:ficial sta.mp or seal of t11e Minjstry. (3) All licenc es sl1all bear the signature or thumb mark of tl1e 11older.
13. Possession and Maintenance of Licence (1) The proper licen ce shall b e c1trried by the person licensed at all times of his operation of a motor v ehicle on the roads of the E111pire. No person shall drive a motor vehicle if th e proper licence issued to l1in1 is not within his im1necliate possession. (2) Within thirty (30) days following his awareness of tl1e fact, the l1older of a licence sl1all �otify the M �st �y of any error or n1istake in the particu !ars not_ � therem, presen t said lic ence to the Ministry for correction, and 1n addition pay the fee for a cl1ang e of particulars prescribed in Sche duled A appended l1eret ? unless the error or mistake was dtt e solely to vhe fault, carelessness or made\irtence of th e Ministry. (3) Witl1i11 t �rty (30)_ �ays following its occurrence, the }1 older of a licenc e not1fy tl1e �stry of a11y ch�nge of facts noted therein, present said shall _ . the Mlllis r for cancellat1on and/ or renotation of tl1 e particulars l1 c�n�e to �f _ �ffected , and 1n addition pay the fee for a cl1ang e of partioulars prescribed 10 Schedule A h ereto. -730 -
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(4) (a) If a l icence iss �ed �ereunder is lost, stolen, 1n11tilated or clestroyed, _ __ o.r if it be�omes . illegible; the l1older tl1ereof shall promptly make applica tion for a duplicate. (b) Aft �r furnisl1ing infor111atio11 satisfactory to tl1e Ministry and after paying th � fee f ?r a duplicate prescribed in Scl1edule A appended hereto, said applicant shall be · p:ovided with a d11plicate bearing tl1e legend ''THIS IS A DUPLICATE''. (c) Any I?erson recoveriI1g an original licence for which a duplicate l1as been 1ss�ed shall promptly surrender the duplicate to the Ministry for cancellation and destructio11.
14. Duration and Renewals of Licence (1) Eacl1 class of lice11ce sl1all be valid for a period of two (2) years from the date of its isst1e, a11d 111ay be rene,ved for additional two year periods. (2) A licence l1older shall apply for ren.ewal by presenting his licence to a Licensing Officer. (3) After applicant's presentation of tl1e licence to ·be renewed accompanied by proper evidence of his successful passing of any medical tests or exami nations whlcl1 may ,have been req11ired, and upon his payme11t of the fee authorized in Scheduled A appende.j hereto, tl1e Licensing Officer shall stamp the licence renewed for tl1e period set forth in paragraph (1) l1ereof. 15. Discretions of Licensing Officer (1) A Licensing Officer may:
(a) refuse, revoke or suspend for not 1nore than ninety (90) days a licence of any person who, in his opinion, is suffering from a disease or disability likely to render said person's driving of a motor vehicle a source of danger to the public, su·Jject to appeal, within thirty (30) days after receipt of notice of said ,lecision or order, to a Government Medical Officer whose decision shall be final; (b) refuse, revoke or suspend for not 1nore than ninety (90) days an endorsement authorizing any ho1cler of a licence to operate a public service or commercial vehicle if, in his opinion, the conduct or cha.rac ter of said person is such as to render him unfit to drive s.uch vellicles; (c) order a new Traffic Rules Examination and/ or a new Practi� al Driving Demonstration in the case of any holder of any class of licence who appears, in his opinion, to be so deficient in driving ability as to be a source of danger to the public; and if the licence holder fails to pass either or both of said tests, said Officer shall revoke the licence or suspend the sam. e until such tes:s as have been ordered are success fully passed.
(2) A Licensing Officer may at any time cancel or amend any decision or order made by him under this Artide. - 731 -
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'fHIOPIA E F O S W A L D E T A ID L CONSO
ng si en er ic ic L ff y b O de m er r � or � ? ? _ _ (3) Any person aggrieved by a decision 0) s (3 ay ty d ir th 1n after h 1t w r te is in M e th to l ea p ap under this Article may an re rn he te w al pt ate ce ex r, de or or on si ci de id sa his receipt of notjce of in. re he ed id ov pr n ee b s e ha ur ed al oc pe pr ap
16. Driving Offences and Traffic Violations
e nc g fe in of iv dr or a f o t ur co a_ y b d te ic nv co be l _ (1) Any person who shal s ge ar of e to ch th y ilt gu d ea pl l al sh ho \V on tra.ffic violation, and any pers eas shall: pl ch su pt ce ac to ed iz or th au l ia fic of same before any court or such -time as lin itl w e 1c e1 lic id sa e uc od pr , ce en lic lid (,L) if •h e holds a va en em rs of do t e en os rp pu e th r fo ct re di ll .ha s l ia fic of the court or or n; io at ol vi or e 11c fe of e th of s ar ul ic rt pa e th n of thereo in th o (2) wi tw e on ns i . ta ob t bu , ce en lic lid va a of er ld ho t (b) if he is no a g it nin tai so ob er aft ys da (5) e fiv n thi wi ce en lic d sai e uc od , pr ars ye for the purpose of endorsement tl1ereon of th e particulars of the offence or violation. person convicted of a driving offe11ce or traffic violation is declared by ,1 court to be disqualified from holding a licence, said court may retain tl1e licence held by the person so convicted for the duratio11 of tl1e period of disqualification.
(2) Where in accordance witl1 tl1e law,
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17. Foreign Licences or International Driving Permits (1) In ord� r to operate any n. 1otor vel1icle on a.ny road of tl1e Empire, witlun s_even (7) days following his entry into the Empire, a holder of a foreign licence shall present said document to the 11earest Licensing Officer or law enforcement authority. (2) Tl1ereupon,. th� Lice ��ing Officer or law enforceme11t authority sl1all e�1dorse sard licence SEEN AND APPROVED'', after first ascertain n1ng that: (a) tl1e licence is currently valid; (b) the person presenting it is, in fact, tl1e licensee, and (c) on tl1e basis_ of _reci procity, as ?etennined by tlle Minister, the foreign tl1e licence will recognize Etl1iopian licences ?0vermnent w.l11 �l1 1ssued . 111 ca�es of 1?thJopian natio11als who are touri11g or otl1erwise ten1porarily therein. (3) A l1older of a foreig11 licence so endorsed or a 110 Id er of: a valid . 1nterna.· .· 1 . ed to tional drivii1oo- permit sh·:,tll be ent1t operate v e0] 11c • l es of t·h e cI ass or classes autl1orized tll ereon on any road of tl1e E111p1. re until : . . (a) tl1e lapse of ninety (90) <laYs fO II OWl•ilg t. h , e date of his entry into tl1e Empire; or (b) the expiration date of I·11s 1·icence or pern1it whichever of the two is the sooner. - 732 -
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(4) Upon the ternUI1ation of tl1e above described period, said l1older shall apply for and obtai11 tl1e licence r�quired i11 tl1e provisi.011s of t hese tions . Regt1la ..., 18. Military Licences (1) For the operation of 1nilitary 1notor vehicles specifically ide11tified as
st1ch by the proper display of military identific,:1t:io11 number plates, the Ministry of Defe11ce is hereby authcrized a11d empowered to issue and re11ew, cancel a11d suspend motor vel1icle operator's licences for personnel serv.i11g in the Ar.med Forces: (a) provided, all the co11ditio11s a11d requiren1ent s of general application .herei.11 establisl1ecl sl1all be bi11ding upon a11d sl1all be applied and enforced by tl1e perso11nel of the Mi11istry of Defence who are design::1ted to administer said licens.i11g; (b) provided, tl1e Mi11ister of Co11111Junications shall have r.igl1t at any ti111e, and from time to time, to• investigate a11d review the administra t ive processes and records of the Ministry of Defe11ce witl1 respect to said lice11si11g, in order to ensure full compli,1nce with these Regula tions; ,ind (c) pro\1 ided further, a11y licence issu:!d under this Article 18 shall bear on its face the legend: FOR OFFICIAL MILITARY USE ONLY.
(2) (a) Motor vehicle operators' licences issued by tl1e Ministry of Defence under tl1is Article 18 shall be deen:ed to be valid only for the operation of military motor vehicles specific11ly identified as such by the proper display of 11illitar)' identifi.c,1tion rumber plates. (b) In order to operate any motor vehicle not bearing military identifica tion number plates, a bolder of a military licence sba]l obtain the proper class of civilian licence from the Ministry of Communications. 19. Licences Issued Before Effective Date of These Regu.lations (1) Any motor vehicle operator's licence issued by or on behalf of the
Ministry before the effective date of these Regul,1 tions shall be deemed to have been issued l1ereunder and to be valid.
(2) However, said licences shall expire : (a) -upon the expiration date noted or indicated thereon; or (b) upon the lapse of two (2) years 1ollowing �he effective date of these Regulations, whichever of the twc is the sooner. (3) Upon the expiration of said licence, 1he holder ther�of shall present it to a Licensing Officer who shall treat the presentat1on as a request for renewal, and who shall grant, in excha.nge for the former grade of licence, the correspondin.g class of licence according to Schedule B appended hereto. - 733 -
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20. Violations of These Regulations W1hosoever fails to comply with a.ny provision of these Regulations, or a ny order lawfully given hereunder, in accordance with Article 24 of the Principal Proclamatjot1, s· hall be guilty of al offence, and upon conviction thereof shall be liable to the penalities prescribed in the Penal Code. CROSS REFERENCE The Articles of the Penal Code pri n1 ari.y referrecl to appear to be, Pe11. C. 16/Ex.1 ( 1957) Arts. 354, 364, 499-502, 746, 782, 783.
21. Effective Date Tl1ese Regulations shall come
in10
force upon the date of their publication
in the Negarit Gazeta. SCHEDULE A FEES Al-TD CHARGES Eth. $
1) Tests: A. Traffic Rules Examination . . . . .. B. Practical Driving Demonstration : I . First Class . . . . .. . . . . .. . .. • •• ••• ••• 2. Second Class ••• 3. T.hird Class . .. . .. . . . • • • • • • . .. • • • • • • ••• 4. Fourth Class 5. Fifth Class .. . • • • • • • • • • • • • 6. Sixth Class ... • • • • • • • • • • • •
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2) Issue or Renewal of Operato1s' Licences: A. B. C. D. E. F.
First Class . .. ... . . . . .. . .. .. . ••• Seco11d Class • •• ••• •• • ••• ••• ••• Third Class . . . . .. . .. •• Fourth Class ••• ••• ••• ••• Fif tl1 Class .. . • • • • • • • • • • • • • • • Sixtl1 Class .. . • • • • • • • • • • • • • • • •
3) Change of Particulars . .. . .. 4) Du•plicate Operator's Licence ...
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SCHEDULE B RELATIONSHIP BETWEEN FORMER LICENCE GRAD ES AND PRESENT LICENCE CLASSES FORMER LICENCE GRADE pRES�NT LIC.ENCE CLASS (to be exchanged pursuant to Article 19 .of tliese R egulat1011s) First Grade . • • • • • • • • • • • • • • • •• · · · · · · · · · · · · • • • . . . Second Class -734 -
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Second Grade • • • • • • • • • Tlurd Grade • • • . . . • • • Third Grade with Trailer
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Tl1ird Class . . . Fourth Class . . . Fifth Class
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Done at Addis Ababa on this 22nd day of February, 1969. 28/ 10 (1969) L. 363
REGULATIONS ISSUED PURSUt\.NT TO THE ROAD TRAVEL AND TRANSPORT PROCLAMATION, 1967 1. Issuing Authority 'Ehese Regt1lations are issued by tl1e Minister of Commu1tications (hereinafter the ''Minister'') pt1rs11a11t to a11tl1ority vested in hiln by Articles 5 a11d 23 of the ·Road Travel a11d Transport Proclamation. , 1967 (Proclamation No. 256 of 1967) (hereinafter the ''Pri11cipal Proclan1ation'').
2. Short Title These Regulations may be cited as the ''Road Travel (Delegation of Authority) Regulations, 1969."
3. Definitions In these Regulations, unless the context otherwise requires, the terms defined in Article 3 of the Principal Proclamation shall have the meanings prescribed therein, and the following additional ter.ms shall have the meanings prescribed below: (1) ''Delegated powers and duties," thos� functions, authorities and responsi 1 are bilities for which provision for dele�ation is made herein, and which specifically enumerated by the Minister in Regulations issued by him as being delegated to a Designated Municipality named in said Regulations; and which is listed in (2) ''Designated Municipality'', any muni:ipality or townshlp · the schedule appended hereto, and to which the Mini1Ster has, in accordance with the requirements of Article 23 of the Principal Proclamation, delegated any of the powers and duties of the Minister with respect to : (a) The registration and control of vehicles on the road, and (b) the licensing and control of persons driving vehicles on the road.
4. Principles of Delegation (1) Designated Municipalities shall, in principle, but subject to all of the other provisions hereof, apply, administer and enforce on behalf of the Minister the following:
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CONSOLIDATED LAWS OF ETIIIOP1A
(a) '"fhe Motor Vehicle and Trailer (Identificatio11, Registration and Inspectio11) Regulations, 1969 (Lega.l Notice No. 360 of 1969); and (b) The Motor Vehicle Operc:tors (Licence) Regulatio11s, 1969 (Legal Notice No. 362 of 1969) (he:einafter, tl1e two togetb · er shall be referred to as the ''General Regulations"). (2) Nevertheless, tl1e following po�rs and duties are excluded from and shall not be tl1e subject of any delegation 111ade by tl1e Minister to any Desigi1at ed Municipality: (a) The prescribing of t11e forms of all applicatio11s, ·certific_ates, identifica tion and otl1er doct1mentation relating to tl1e title certification, identi fication, registration and inspection of motor vel1icles and trailers, and to the licensing of n1otor vel1icle operators; and (b) tl1e n1alcing of determinatio1s and the ]1earing of appeals relating to tl1e title certification, identifcation, registratio11 or inspection of motor ve.hicles a11d trailers, and tc tl1e licensing of n1otor vehicle operators, whicl1, according to t11e provisions of the General Regulations, are matters dependent upon tl1e at1tl1ority of the Minister. (3) All co11ditio11s and requiren1 e11 ts of general applicatio11 establisl1ed by the Mi11ister relati11g to the title certification, ide11tification, registration or inspectio11 of .n1otor vel1icles and trailers, ,ind to tl1e licensing of moto; vel1icle operators, contained in :he Ge1.1eral Regulatio11s or i11 any amend n1ent to said Regulations, sJ1all be binding upo11 and sl1all be applied and e11forced by the Desigi1ated. Mw1icipalities. (4) Tl1e •powers and duties set fortl1 in the General Regulations and delegatable l1eret111der 111ay be furtl1er 111odified or restricted i11 Reg11Iations issued by the Minister i11 accordance witl1 Paragraphs (2) and (3) of Article 6 below. CROSS RE.:FERENCE l\1olor Vehicle Trailer (ldentificalion, Registration and Inspection Regulaiio11s), 28/9 (1969) L. 360, 21 Consol. L. Et/1. 8. Motor \1ehicle Operators (Licence) Regulations, 28/9 ( 1969) L. 362, 21 Consol. L. Eth. 10.
5. Application for Designation
Ai1y 111unicipality or tow11sl1jp wl1ic1 is listed i11 the scl1edt1le appended hereto and w�1i�h desires to becon1e. a �esign�ted Mt1nicipalit_y l1ereunder sl1all apply to 1t1b1 1t with sa d M1111 st l1e and sl1all er s . ap1Jlication a prepared progran1 n1e for ! � . . 1mplen1entJ11g tl1ese Regulat1ons, wl11ch programme sl1all include. i, 1 ter alia, the · followi11g: (I) The offices to be established; (2) the categories, qt1alifications a11d 11umber or perso11 11el to be appointed or assigned; (3) the _facilities available or to be ?rovided, i11clt1ding inspectio11 stations and test111g centres; and (4) tl1e fee collectio11 arra11ge11 1ents to be established. 6. l\tlinister's Action with Respect to A1>plications
(I) Upon fi11ding that any applicant is fully capable of imple111enting t11 ese Regulations, the Minister shall:
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rfH.ANSPORTt\TION AND Co·MMUNICA'fIONS
(a) S _o notify tl1e n1t1nicipality or towosl1.ip by iss11ing a Letter of Designa tion; a11d (b) ca11se to be publisl1ed i11 the Negarit Gazeta a Legal Notice stating that tl1e municipality or township i11 q11estion. ;has bee·n 11amed a Design ated Mm1icipality. (2) Wl1ere tl�e detailed progra111me is cleet11ed by the Mi11ister to be incon1plete or t111sat1sfactory, the Mi11ister shall: (a) reject the application and provide a clear statement of the reasons for tl1e rejection; or (b) isst1e a. Provisio11al Letter of Delegation embodying s11cl1 special con ditio11s as tl1e Mi11ister 111ay dee1:n 11ecessary, fit and proper to ensure ft.111 con1pliance with t11ese Regt1latio11s; or (c) isst1e a Letter o[ li111ited Delegation wl1en, in the interests of adminis trative efficiency or pt1blic co11venie11ce, the Minister deems such actio11 to be jt1stified, w]1icl1 limitecl delegation sl1all : (.i) Delegate sucl1 of tl1e powers and d11ties set fortJ1 i11 Article 4 above as he deems appro-priate; and (ii) reserve to t]1e Mi1tister sucl1 other powers a11d duties as he shall specifically list therein. (3) In the cases specified in Paragraphs 1:2) (b) and (2) (c) above, the Minister shall cause to be p11blished in the Negarit Gazeta a Legal Notice specify ing the action taken.
7. Investigation ·and Withdrawals of Delegation (1) The Minister shall have the right at any time, and from time to time, to investigate and review tl1e relevant administrative processes a11d records of any designated Municipality in order to ensure full compliance with these Regulations and with all special requirements and lin1itations appli cable to the delegation made by the Minister. '
(2) (a) Where the Minister finds that ser:ous irregularities exist in the exercise of delegated powers and duties, tJ:-.e Minister shall notify the Designated Municipality of tl1e measures to ·Je taken to correct sucl1 irreg1tlarities and inadequacies and to ensure a6ainst their recurrence. (b) I.f, after a reasonable period of time has elapsed, appropriate remedial action 1has not been taken, the 1'1inister may, as l1e deems neccssa.ry, issue to said Designated Municipllity; (i) A Letter of Cancellation revoking the previous delegation in toto; or (ii) a Letter of Partial Cancellation revoking such previously delegated powers and duties as may be �pecified by the Minister therein� said revocations to be effective thirty (30) days after notice thereof has been published in the Negarit Gazeta. During said tl1irty days period 110 new applications with respect to the powers and duties to be cancelled sh.all be accepted or processed by the said Designated Municipality.
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ETIDOPIA P O S W A L ED T A ID L O S N O C
8. Municipal Offices to be Establishtd . r 1at ed Muniig es , D es ti du d 1 a1 s er ow 1 p�r.form1ng a nd e . ecuting dele,ated p , e id os r sa rp fo s u e ic ff ?o e at ar p se x tablis.h and ;aintain a p c1palItJ.es shall eacl1 es l1eaded by an executive who s11al.:
(1) Be responsible for �he overall a�ninistration, executio11 and enforcement of the delegated powers and d.uties; (2) be provided with the a.ssistance of such. staff_ as necessary �o a�inister, execute and enforce tl1 e Genertl Regulations ID full C_?n!ori_nity witl1 _ these ReguJations and witl1 all special requiren1ents and l1m1tat1ons applicable to tl1e delegation 1nade by the Minister; and
(3) l1ave tl1e authority a11cl responsibilities of a Registrati�n Officer an� �f a Licensing Officer as set forth in the General Regulations and as l1m1ted in the delegation made by tl1e Minister. 9. Qualificatio11s of Municipal Persollnel
111 perfor1ning and executing delegated powers and duties, De_signated Mu� cipalities s]1 all eacl1 have the d11 ty to ensure, i.11 so fa r as possible and p racti cable: (I) That tl1e executive appointed o� assigned 11nde r tl1e p rovisions of Article 8 above, l1as : (a) A familiarity witl1 and. an u11 derstanding of tl1 e provisions of: (i) the Princi1)al Proclamation; (ii) tl1e Gene ral Reg11lations; (iii) tl1ese Regulatio11s; and (iv) all other laws and regulations relating to vehicle construction, eqt1ipment, size and weigl1t, and those specifying t raffic rules, the 1neanings of the vario'ls traffic signs a11 d signals, speed limits a1 1d any othe r rules for the safe operato1 1 of motor vel1icles on the road; and (b) an awareness and a.ppreciati)n of traffic safety co1 1ditions on the streets and roads of tl1 e Municipal:ty;
(2) that all vehicle i11spector assisting said executive witl1 respect to vehicle registration and inspection, have: (a) A familiarity \Vit11 and an understandi 11g of the provisions of all laws and regulatio11s relating to vel1icle construction equipn1e 11t. size and \Veight ; a11cl (b) Some appreciable t raining a.- experience as at1tomotive mec]1a1tlcs; and (3) that all testing officers assistinJ said executive with res ect to t11 e issue p of driving licences l1ave: (a) A familiarit1 witl1 a1�d _an tncle rstanding of tl1 e )rovisions of all la,vs l and . reg�lat1ons sl?ecrfymg 1raffic rules, the mea11 i11gs of the various traffic . signs and signal�, speed limits and a1 1y otl1er rules for the safe ope ration of motor vel11cles on the roa d; an d - 738 -
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---------=-:-----(b) son: appr�ciable experi nc in T.RANSPORTA"flON AND COl'vlMUNI CATIONS
e
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the driving a11cl operation of motor ve hicles as, at least, a Fourth Licensee. e
e
10. Records Copies of applications; forms and other :locumentation received· and notifica ti ?n oi: ce rtificates, tit!e. certific� te book;, identification n1umbe;s, registration st1ck �rs a11d operat ?r� l1ce11ces issued b, a Designated Municipality shall, as r e q�1r�d by the M1ruster, be se nt regularly to the Ministry by said Munici.. pal�t � m ord _er that all tl1e J)artict1lars required may be noted properly in tl1e Off1c1al Register and tl1 e necessary st1pp:>rting documents filed in the Official Records.
11. Provisional Title Certification Wh ere \Vith respect to titl e certification, tl1 e General Regulations require that an applicatio11 be cl1eck ed against the o1ficial register, records and/ or listings maintained by the Min.istry: (1) A certified copy of said application shall be forward ed to the Ministry by th.e Designat ed Municipality as soon after its receipt as practicable. (2) Upon re ce ipt of said copy, the Mintstry shall :
(a) Check tl1e particulars against 1he prope r register, records and/ or listings� (b) mark said copy eitl1er ''APPROVED'' or ''DISAPPROVED'', in which latt e r case the reasons for the disapproval shall be stat ed; (c) affix the reto the seal of the Minstry; and (d) return the same to the Designated Municipality whicl1 had forwarded it. (3) Where such checking is required, uatil receipt of the approved copy of the application from the Ministry, a Designated Municipality may issue only provisional title certification, clearly marked ''PROVISIONAL'', which shall be su, bject to cancellatioa · within sixty (60) days upon finding that the issue of said documents was unwarranted. 12. Revenues (1) All applications for document� or renewals tb�reof, required by the
General Regulations, shall contain or be accompanied by a statement from the applicant setting forth the expected_ extent of ve?icular oper��on _or use both within and beyond the bomdar1es of the Designated Muruc1pality nearest to the location where:
(a) In cases of vehici'es title certification or. registration, the vehicle in qu estion is to be kept usually �hen not m use; or (b) in cases of operators' licences, the applicant earns his means of live lihood and/ or resides.
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CONSOLIDATED LAWS OF ETHIOPIA
(2) Wl1ere t:he expected extent of said operation or use wit/1in the boundaries of tl1e Designated Municippality equals or exceeds fifty percent (50%) of the time, then tl1e fee for the issue or renewal of t11e dooumentation shall be allocated according to the following: (a) Seventy-five percent (75%) of the fee shall be allocated to the Designat ed Municipality; and (b) twentfy-five percent (25%) of the fee shall be allocated to the Ministry. (3) Where the expected extent of said operation or use beyond tl1e boundaries of the Designated Mt1nicipality exceeds fifty percent (50%) of the time, then the fee for the issue or renewal of the documentaton shall be allocated according to the following: (a) Seventy-five percent (75 %) of the fee shall be allocated to tl1e Ministry; and (b) Twenty-five percent (25 %) of the fee shall be allocated to tl1e Design ated Municipality. (4) The preceding paragraphs of this Article notwithstanding, aJl incidental fees may be retained by that aut11ority, whether the Ministry or a Design ated Mu1Iicipality, which ad111inisters the functions warranting such fees.
13. Accounts (1) Tl1e offices of both the Ministry and tl1e Designa.ted Municipalities shall keep ft1ll ::111d accurate accounts. (2) Tl1e relevant books and records of each Designated Municipality shaJ1 be open for inspection by the Ministry. 14. Transitional Provision Any municipality or townsltip presently acting for or on behalf of the Ministry witl1 respect to the title certification, identification, registration and/ or inspection of motor vehicles and trailers and/ or with respect to the lice �sing of motor vehi�le operators,. may continue so to act u.ntil the lapse of six (6) n1onths following the effective date of tl1ese Regulations. ' 15. Effective Date Tl1ese Regulations shall enter into force upon tl1e date of their publication in the Negarit Gc,zeta.
SCHEDULE Mt1nicipalities desig11ated hereunder: 1. 2. 3. 4. 5. 6. 7
Addis Ababa Asmara Arba Mincl1 Asella Awassa Debre Markos Dessie
8. Gobba 9. Gondar 10. Gore 11. I-Iarar 12. Jimma 13. Mekele 14 Nekemte Done at Addis Ababa this 24th day of Marcl1, 1969. - 740 -
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28 /21 (1969) L. 370 REGULATIONS ISSUED PURSUANT TO THE ROAD TRAVEL AND TRANSPORT PROCLAMATION 1967 I. lsSltii:g. Ail�l7ority: Tl1ese Reg1, 1lations are issued by the Road Transport Admirustration purs11a.nt to the authority vested in it by Article 10 of the Road Trav�I and Tra11sport Procla1nation, 1967 (Procla.mation No. 256 of 1967) (bere111after the ''Proclamation''). 2. S/101 :t Title:. Tl1e se Reg11lations may bt cited as the ''Special Commercial _ Vehicle Registration Regul,1tions, 1969''. 3. Definiti ?11s: Tl1e defi11itions of terms and phrases used througl1out these Reg1:1l�t1ons sl1all be the same as those incorporated in the Proclamation; in Addrb.on, (1) ''sp_ecial. co111mercial vehicle registration'', or as shortened herein ''special reg1strat10 �' :, sl1 �ll mean the registrc.tion and obtaining of permits from the Adm1n1strat1on by the owners of private or public commercial road transport vehicles in accordance with Articles 7 (2) and l O (2) (j) of the Proclamation. (2) ''articulated vehicle'' shall mea11 any vehicle consisting of a truck tractor, witl1 no carrying capacity of its own, attached to and drawing a semi trailer. (3) ''identification tag'' shall mean tbe registration sticker which when properly attached to a vehicle in the manner provided, indicates that the owner of the said vehicle is the holcer of a special registration issued in relation to that vehicle. (4) Special Conimercial Vehicle Registration: The owner of any vehicle to be used or operated in private or ,public commercial road transport shall obtain, and have renewed annually, a special registration, in accordance with these regulations. Where, however, a major portion of the activity of �ajd ve:lticle is carried on within the limits of any m11nicipality referre.d to in ''Schedule B'' attached hereto, this Article shall not apply. CONSOLIDATIO� NOTE The Amharic version of this Article says, "Schedule" attached hereto.
5. Procedure: (1) Applications to be submitted for special registratio·n, as well as applications for renewal or amendment thereof, shall be duly completed on th.e form prescribed by the AdministJation and shall contain all the information requested therein; including, (a) in the case of a public service 'Vehicle: (i) the route or routes which it is proposed to serve and the number of days per month the vehicle will operate on each route; be to ers ng er sse of pa mb nu the d an d, use be to le hic ve of (ii) the type carried; I 741 -
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(iii) the fare-tables for the tervice it is proposed to maintain. (b) in the case of a11y otl1er commercial vel1icle: (i) the route or routes wh:ch it is proposed to serve and the �umber of days per month tl1 e vehicle will 01Jerate on : ach route, . (ii) tl1e type of vehicle and the load carrying capac1ty of the vehicle to be used. (2) Every application shall also be acc�mp_anied by a proper certificate
issued by the Ministry of 2ommumcat1ons or by other appropriate government authority certifyirg that, (a) the vehicle has been duly exan1ined; . . . (b) it bas been found to be fit for tl1e pt1rpose for wl1 1ch it 1s to be registered; and, (c) it has satisfactorily con1plied with tl1e stan�ard_s set fort? in all re gu _ lations issued by the Ministry of Comn1un1cat1ons relatrng to vehicle safety and to vel1 icle size and weight. (3) Every application, in additiou, sl1all contain all st1p_plen1 entary informa tion needed and req,uested by tl1e Adn1i11.istration to make a proper deter111 i.nation accordi11g to and in connection with Article 6 11erein. (4) Tl1 e application togetl1e.r with all necessary doc11me.nts and information sl1all be submitted to tl1 e Administrator wl10 shall consider the applica tion according to tl1e principles set fortl1 in Article 6 herein, a.nd shall witl1in thirty (30) days from tl1e receiJJt of the application, notify the applica11t that, (a) tl1 e SJJecial registratio1 1 is approved, or (b) the special registration is denied.
(5) Wl1ere special registration ha� been denied, the Adn1inistrator shall set fortl1 tl1e reasons for the denial and sl1all grant to tl1e applicant a11 oppor tunity to appear in person within tl1irty (30) days before tl1 e Administra tor, who may, after st1c] 1 appearance, reconsider t]1e decision rendered earlier on the application. If, tl1 eret1pon, tl1e special registration is still denied, the applicant may, \\itlun thirty (30) days, appeal against the Ad111inistrator's decisio11 by st1Jmitting a.n application to the Board which will reco11sider tl1e application and i11 struct the Adn1inistrator on the course of action to be taken. 6. Co1 1sicle �atiori of AptJlicc1tio11: (1) In co11 sidering a11y application for a special _ reg1strat1on or renewal or amendme11t tl1ereof, tl1e Ad111i11 istrator s11 all have regard to tl1e follo\vi1 1g: (a) the type of _ vel1icle, its passenger or load capacity, and the nature of tl1 e transportation to be undertaken; (b) the proposed ro11te(s) on wl1ich or area(s) in whicl1 tl1e vehicle will be operated; (c) the applica11l's character, fi11 a11 cial ability, and tlie constin1er service and vehicle maintainance fc.cilities available to Itim; (d) in the case of a pt1blic service \1ehicle whicl1 ,vill maiiltain a regular -742 -
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scbedt1Je, the proposed timetab:e fares, and tariffs; and i 11 the case of any other public service vel1icle, the proposed fares and tariffs· and (e) the conditions of service of any person employed by the ap1Jlic;nt. istr�tor ��y refuse to effect, renew or amend a special regis (2) Tl1 � Admi � _ tration 1f, 1n l11s op1n1on; (a) with regard to any of tl1e 111atters set out in st1bsection (1) above, the applicant willl not be able to carry on satisfactorily the transportation to which the application relates; (b) tl1e pr _oposed rot1te(s) or area(�) to wl1ich the application relates is (are) already adeq1t1ately served by rail and/ or road transpport; (c) the special registration woulcl adversely affect existing rail and/ or road transport; (3) The Ad111inistrator sl1al1 not reft1se on any of the grou11ds me11tioned in paragraph 2 (b) or 2 (c) above. (a) to effect or transfer a special registration for a vehicle which is inte11ded to replace a vel1icle or:erated under an existing special regis tra tio11 if st1cl1 vehicle is not, in his opinion, of substantially greater passenger or load capacity than the velucle it is to replace; or (b) to renew a special registration ,)n t:he expiration thereof; or (c) to amend a. special registration by transferring s11ch special registra tion from the holder thereof to another pP,rson. (4) The Ad111inistrator 111ay in relation to a grant of any special registration or any renewal or a1nendment thereof, i1npose such co11ditioos as he n1ay deem d.esirable in regard to any of the matters set ot1t i11 Article (6) (i) above, and in regard to any of the following matters: (a) the exhibition of the scale of f:1.res and ti1ne-tables approved by the Administrator; (b) the exhibition, in the 1nanner pr0vided, of the identification tag issued by the Administration indicat1n6 that a valid special registration bas been made for tb,tt vehicle; and (c) the records to be kept and tI-ie nature of information to be submitted to the Administration fro1n ti1ne to time by the holder of the special registration: Provided however that the Administrator, at any time during the currency of the said special registration may impose con ditions, as be may deem desirable in regard to the submittal of such returns and information. ( 5) The Adu1inistrator, at any time du:ing the currency thereof, may revoke a special registration, or, may re:t1se to renew or amend the special registration in any case where the holder of the said special registration has breached the specific conditions under which the special registration was issued. In such a case, the holder shall have the same rights of appeal, enumerated in Article 5 (5), as when a special registration is denied. (6) With regard to the owner of a truck tractor, which with a semi-trailer attached is an articulated vehicle, the owner shall apply for a separate
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CONSOLIDATED LAWS OF ETHIOPIA
special registration for the t�uck t�actor and the sen1i-tr��er if either _ vehicle is to be operated sepa.1ately, 1 11 wh1c � case, _the �d.m1n1� trator m�y grant, iI1 respect of tl1 e trt1ck tractor,. a special reg1strat1on which pem11� s any semi-traiJer to be drawn ·Jy said truck tracto� so lo�g as such sem1_ traiJer is operated in co11fornity _ with t� 1e � pec1al reg1strat1011 granted to the owner of and relating to said semi-trailer. 7. Other Reqtlire,n.ents: (1) The 11)lder of a special r�g'istratio� sl1all at _all tin1es cau , se such special registra1io11 to be carried 011 th� vehicle to wh1� h it relates and to be kept in suet a manner that all entr1e� there? n rem� 1n legible; and he shall at all ti.n1es .have the identification tag 1ssu�d ! n relation to sucl1 vehicle properly attached to tl1e vel1 icle in the rna11ner 1nd1cated a.nd properly maintained in a legible condition. (2)Tl1e holder of a special registration sl1al1 in addition; (a) jf ]1e cha11ges his permanent address, notify tl1e Adm.ittistrator of his new permanent address wi:l1in tJ1 irty (30) days of such change; (b) notify the Administrator within thirty (30) days, if l1e ceases to operate a vehicle in public conm1ercial road transport and return tl1e special registratio11 held by l1im in relation to tl1e vehicle for cancellation; (c) if l1e proposes to s11spend temporarily operatioos over any route or part of a route or in any area specified i11 l1is speci::il registration first obtain tl1e approval of the Ad1 nin.istrator; (d) if l1e ceases to operate over any rot1te or part of a route or i11 any area specified in ·l1is special registration, retur11 s11ch special registration to tl1e Administrator for amerdment; (e) return the special registration for amendment if he applies for a furtl1er special registration ia respect to the san1e ve11icle; and (f) if a pt1blic service is, for any reason wl1atsoever, t1.nab]e to operate for any period exceeding twtnty-four (24) hours, immediately notify the Administrator witl1in such twenty-four (24) hour period and request any further suspension of service wl1ich may be necessaryr. 8. lssi,ance c111cl Duration of tl1e Specic1l Registration: Tl1e special registration sl1all, upon payn1ent of the fee prescribed i11 ''Sched t1 le A'' attached hereto, 1e Admu1istrator i11 t11e prescribed for 11 1, specifyring tl1e full tl by be issued _ particulars of tl1e l1older and of the ve.l1 icle i11 respect of wl1icl1 it i. s issued, and any co11ditions i111posed b y the Ad-n1 i11istrator and sl1all be valid for a period of one year from tl1e date of issue, t1nJess revoked in accordance with these regulations. 9. P_e11al P:ovisio�s: (1) Any p_erson wl10 shall make a11y state1nent or declara tion wh 1 cl1 to h �� knowledge 1s t �11tr1e i11 any applicatio11 or docun1ent required re �ulat1011s sl1all b � gt1ilty _of a11 offense and t1po11 conviction sliall be by these _ punishable 1n accorda 11 ce w1tl1 Artcle 24 of the Proclan1atio11 . (2) Any p�rson . wl10 violates tl1e provisions of Article 4 or any' otl1er Article hereof 1s gu1Ity_ of a°: offe11se, and sl1all, upon co11victio 1 1, be punishable i11 accordance w 1 tl1 Article 24 of tl1e Procla1uation. CROSS REFERENCE The Articles of the Penal Code primarily referred to appear to be Pen. c. 16 / Ex. 1 ( 1957) Arts. 354, 364, 499-502, 746, 782-783.
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TRANSPORTATION AND Cor..1MUNlCATIONS
1 O. Effective Date: Tl1ese regt1latio11s sl1all con1 e into force on tl1 e date of their pub1icatio11 in tl1e Negarit Gazeta.
S CHE DULE A FEES FOR ISSUANCE, RENEWAL Al'TD AMENDMENT OF SPECIAL REGISTRATION A. TRUCKS: CAPACITY IN QUINTALS ANNUAL FEE 1 to 15 $ 20 ,, ' 22 15 20 ' '' ,, 26 20 30 '' 30 30 ,, 40 ,, 32 40 ,, 50 • • • • • • • • • • •• • • • • • • • • • • • • • • • ,, ,, 36 50 60 ..... .. .... . .. ..... ..... .. 60 '' 70 0 4 $ ,, ,, 42 70 80 ,, '' 46 80 90 '' ' ' 50 100 90 '' '' 100 110 52 ........... ............... ' ' 56 110 '' ........... ............... • • • • • • • • • • •• • • • • • • • • • • • • • • • &
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B. TRAILERS: 1 to 20 20 ,, 40 40 '' 60 60 ,, 70 70 '' 80 ,, 90 80 '' 100 90 100 '' 110 ,, 120 110 120 '' 130 130 '' 140 '' 140 150 150 ,, -
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SEAT CAPACITY I to 10 '' 15 10 15 ,, 20 ,, 25 20 25 ,, 30 30 '' 40 40 '' 50 '' 60 50 60 '' 70 ,, 70
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$ ,, '' '' ,, '' '' '' '' '' '' '' ''
8 10 12 13 14 16 18 20 22 24 26 28 30
ANNUAL FEE $ 20 ,, 26 ,, 30 ,, 32 '' 36 '' 42 ,, 50 , , 52 ' .' 66 '' 75
21-12,13
CONSOLIDATED LAWS OF ETHIOPIA
D. TRUCK TRACTORS: Special Registration without attached .. . . .. . . . •. • E. AMENDMENT of Special Registr:t.tion .. • · · · · · · F. DUPLICATE of Special Registration . . . . . . · · ·
a Trailer ··· ··· ··· ··· · ·· ·· ·
·· · · ·· ···
$ 40 ,, 16 ,, 5
S C H E DUL E B Mu, 11icipa1ities referred to in Article 4 are those M1111icipalit� es to � hich the Minister of Con1munications delegates authority in accordance with Article 23 of the Proclam . ation. Done at Addis Ababa this 21st day of June, 1 969. 27 / 6 (1967) 0. 49* AN ORDER TO PROVIDE FOR THE CREATION OF A ROAD TRANSPORT ADMINISTRATION CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELASSIE I ELECT OF GOD, Elv!PEROR OF ETHIOPIA WIIBREAS, there is a need to develop a11 efficient organization for the control, supervision and development Jf commercial road transport in a manner wl1icl1 will 111ost effectively assist the economic development of tl1e E1npjre; NOW, THEREFORE, in accordance with Article 27 of Our Revised Con stit11tion, a11d on the advice of Our Council of Ministers, We l1ereby order as follows: 1. Short Title Tl1is Order n1ay be cited as tl1e ''Road Transport Administration Order, 1967''. 2. Establishment of Road Transport Administration Tl1ere is hereby created a Road Transport Administration (hereinafter the ''Administr,1tion'') which sl1all be an autonomous P,ublic Autl1ority of the Imperial Etl1io.pian Governme11t. CONSOLIDATION NOTE Cori·. 27 / 13 (1968) C. 68. (Amharic only).
3. Composition of Administration The Administration sl1all compriS!: (1) a Road ! �ansport Board (hereinafter the ''Board"); (2) an Adm1n1strator of Road Transport (hereinafter tl1e ''Ad inistr ator"); ni (3) necessary staff and personnel. 4. Purpose and Duties of the Admini�tration (1) Tl1e principal purpose o� the Administration shall be to cont rol, regwate _ and super�1se the �arryu1g on of .private a11d public com mercial road _ transport 1n Ethiopia. (2) �ithout limiting tl1e ge11erality of tl1e foregoi11g, tl1e Administration shall, . m accorda11ce with the law, be responsible for: *INTRODUCTORY FOOTNOTE Corr. 27 / 13 (1968) C. 68 (Amharic Onl)).
-746 -
TRANSPORTATlON AND C::>MMUNICATIONS
21-13
(a) the establishment and. enforcemeut of policies a11d programmes con cerning Public commercial road transport; . (b) tl1e fostering, supervision, control and directio11 of p11blic road transport associations; (c) the establis·hment of st1ch ad111inistrative org,1n iz,1tion as is necessary and conducive to the proper execution ai1d administration of all policies and progran1mes concernit1g lJublic com tnercial road transport; (d) the ad1ninistratio11, i11 accordance \Vitl1 the law, of any fiunds received by it or placed at its disposal; ,ncl (e) the discharging of such additional fu11ctions as 1nay be vested in it by law.
5. Road Transport Board (1) There is hereby created a Road Transport Board (hereinafter the ''Board''), which sl1all consist of the following n1embers: (a) Our Minister of Con1munications, as Chair.man; (b) the Administrator; (c) representa.tives of the Ministiers of Commerce and Inu11stry, Finance, Interior and Public Works; (d) two (2) members representing enterprises engaged in public commer cial road trans.port; and (e) two (2) members representing shippers. (2) The Board shall meet once each mcnth, and oftener upon tl1e call of the Chairman. (3) The Board shall establish its own rules of procedure. (4) Necessary staff and funds to enable the Board to discharge its respon sibilities shall be provided by the P.dministration and sl1all be contained in its annual budget.
6. Functions and Duties of the Board (1) The prin.cipal function and duty of the Board shall be to establish policies and programmes for the :1.drninistration of all matters falling within its jurisdiction as established by law. (2) Without limiting th , e generality of the foregoing. the Board shall be responsible for the following: - 747 -
I 21-13
CONSOLIDATED LAWS OF ETHIOPIA
(a) the preparation of a11 annual National Board Transport Programme which shall be co-ordinated with all other programmes within the Empire; (b) th e establish1ue11t, in accordance witl1 sa id Programme, of the Passen ger seat and tonnage requirements for the roads of the Empire, and the fixing of the nu.mber of commercial and public service vehicles needed to meet said requiiements; (c) the establishment of the m:nimum and maximum tariffs to be applied in public comn1ercial road transport and the schedules to be operated by enterprises enga.ged the�ein; (d) the e11courage1J1ent of the :ormation of public commercial road tran sport associatio11s, the creation of such associations where such en couragement proves insuffrient and the s11pervision and control of their activities; (e) sucl1 otl1er 1natter falling wtthin the jurisdiction of tl1e Ad1ninistration as may from ti1ne to time be brought before t11e Board. 7. Powers of tl1e Administrator
Tl1e Ad1ni11istrator sl1all be tl1e chief executive officer of the Administration and sl1all, s11bject to tl1e supervision a11d direction of the Board, manage and direct its operatio11s. Tl1e Ad111inistrator shall have full authority to delegate his respon sibilities and duties to subordi11ate officials of the Administration to tl1e extent l1e shall deem necessary. 8. Budget of the Administration
1,he a1mual budget of the Adminiotration s·hall be 1Jrepared by the Adminis� trator and sl1all be s11bmitted to tl1e Ibard for its approval. Stich portion of the budget as is not met by its revenues shall be contained i11 tl1e annual budget of 011r Government. 9. Entry i11to Force
This Order shall enter into force UJJon tl1e date of its public,:1tion in the Negarit Gazeta. Don.e at Addis Ababa tl1is 5th cl,ty of December, 1967. -748 -
22-1
Section 22
POSTS, T1ELEGRAPHS AND TELEPHONES 25 /22 (1966) P. 240
PROCLAMATION No. 240 OF 1966 A PROCLAMATION TO REVISE THE LAW RELATING TO TlIE POSTAL SERVICES CONQUERING LION 01:;- THE T.RIBE OF JUDAH . fIAILE SELASSIE I ELECT OF GOD, EMPEROR O:F ETHIOPIA WHEREAS, tl1e rapid expa11sio11 of eco11on1ic and social activity it1 Etl1iopia requires that legislatio11 relating to the operatio11 of Ethiopia's postal services be revised and an1plified : NOW, THEREFORE, .in accordance witl1 Article 34 a11d 88 of Our Revised Constit11tion, We approve the resolutions of 011r Se.nate and Cba-mber of Deputies and We hereby proclain1 as follows: CHAPTER I - GENERAL PROVISIONS 1. SJzort Title. This Proclamation may be cited as the ''Post Office Procla1nation, 1966''. 2. Definitions. As used in t,his Proclamation, unless the context requires otherwise, the following words shall have the meanings set forth : (1) ''postal article'' shall mean any letter, postcard aerogram, printed matÂ
ter, newspaper or periodical, literature for :the blind, phono-post article, commercial paper, small packet, sample packet, postal or telegraph money order, postal parcel or package or other article whatsoever whjch is transmissible by post whether carried in a sealed majl pouch or loose on board any conveyance for delivery to or through the Post Office;
(2) ''Post Office'' shall mean the Department of the Ministry charged with
principal responsibility for operating the postal service and generally for carrying out the provisions of this Proclamation. The Post Office shall be deemed to include every house, room, vehicle or place where or in which postal articles are received, delivered, sorted, made up, des patched or conveyed, and any other place where other activiities directly connected with the operation of Ethiopia's postal services are carried on or performed;
(3) ''postage'' shall mean. the duty cha1rgeable for th.e transmission. by post of posta!l articles an.cl for special handling services rendeJFed by tthe Pos-t Office to tlle puhlis;
22-1
CONSOLlDATED LAWS OF ETHIOPIA j
(4) ''1uail pouch'' shall 1:nea 11 t1e bag, container_ or any pack�t or covering _ con11noniy used by t•he Post Office and carried o� other� 1.se dealt with as if it contained postal ar:icles, whether or not rt conta1 1 1s any postal article; (5) ''Minister'' shall mean the Minister of Posts, Telegraph.s and Tele pho 11 es; (6) ''Ministry'' sl1all n1ean tl1e Ministry of Posts, Telegraphs and Telepho nes; and (7) ''prescribed'' sl1all mean prescribed by regulations issued under this Proclamation or any other law. 3. Application.. Tl1 e provisions of this Proclamation shall apply equally to domestic a.nd foreig 1 1 mail u111ess otl1erwise provided under the terms of the Universal Postal Union Conventio1.1 or any international agreement to \Vhich Ethjopia is a party. CI-IAPTER II - ORGANIZA.TION OF THE POST OFFICE 4. Establisl11nent of tl1e Post Ofj:ce. The Post Offjce sl1all be an independent Department of the Ministry. As sucl1, it sl1all l1ave separate juridical ·�rsonality and, i n particular, 1he capacity: (1) to contract; (2) to sue and be sued in its own name; and (3) to a.cquire, own, possess and dispose of property. 5. Officials and E11iployees. (1) Tl1e head of the Post Office shall be the Director General of Posts wl10 shall be responsible for the proper carrying out of the activities of the Post Office in accordance with the provisio1.1 s of tl1is Procla mation. (2) All othe! employees of the Post_ Office sl1all be appointed in accor dance with the laws and regt1lat:1ons governil1g tl1 e Public Service. CROSS IBFERENCE Central Personnel Age11cy a11d Public Service Order, 21/3 ( 1961) O. 23 Arts. 12-14, 8 Consol. L. E1h. 2. Public Service Regulations, 22/6 (1962) L. 269, Arts. 8-18, 8 Consol. L. Et/1. 3.
6. Reveni,es: B1.1dget. (1) Tl1e Post _ Office shall collect and shall, subject to the otl1er provisions l1ereof, dispose of all funds collected by it for the performance of services hereunder in acco1dance with an annual b t1 dget prepared by it and approved by the Mruster. -750 -
POSTS, TE.LEGRAPI-IS AND TELEPI-IONES
22-1 ---- --- --- ---- -- -- --- --- ·
(2) T�1e an11ual b·udget of the Mi11istry, after bei11g adopted i1 1 �1ccorcla11ce �1tl1 tl1e law,_ sl1all be financed out of ftmds collectecl and retai11ed by the Post �ff!ce purs11ant to paragraph (1) of tl1is Article 6. Any ba .la1 �ce _ren1a1n1ng 1111committed at tl1e end of eacl1 fiscal year shall be paid into the Ce11tral Treasury of the Government, and a11y deficit sl1all be covered out of tl1e ordinary budget of the Gover11me11t. (3) The Post �ffice shall pay all contributions and fees req11ired to be paid to the Universal Postal Union as well as to a11y regio11al ·1111ion of whlcl1 Etl1iopia may be a. 1nember, and shall pay and collect all ac counts_ tl1at 111ay be due or payable for postal services witl1 other countries.
CHAPTER III - OPERATIONS OF THE POST OFFICE 7. Exclusive Pri1 ilege: Respo11,'iibility of the Post Office. 1
(1) The Post Office, s 11bject to the provisions of Article 8 hereof, s11all l1ave• tl1e exclusive privilege a11d right rto operate t]1e following public services: (a) the transport of postal articles and tl1e performance of all services incidental tl1ereto including, without li1nit;1tion, receiving, collect ing, despatching and delivering of postal articles; (b) the acceptance and remittance of limited swns of money by means of postal money orders; (c) tl1e establisl1ment, management and control of a. Post Office Savings Service; (d) the management and control of a cash-on-delivery (C.O.D.) service of postal packets and parcels; and (e) the maintenance and operation of philatelic a11d related services. (2) Subject to the provisions hereof, the Post Office shall be responsible for the proper receipt, transport, delivery and pay1n.ent of postal articles. (3) Subject to con1pliance with all applicable laws and regulations, the Post Office may carry passengers and otl1er goods in conveyances actually be ing used by it for the carriage of postal articles and shall perform any other service whicl1 the competent authorities of the Government may entrust to it. 8. Li,nitations on Prohibition. (1) Nothing in this Chapter III shall be deemed to prohibit the receipt, transport and delivery by private persons of the following: provided, however, that no remuneration is given or received for receiving, trans porting or delivering any of them; and provided, further, that this pa ragraph (1) shall not, subject to the exception provided in pa,ragraph (2) of this Article 8, be deemed to authorize any driver or any other person employed by any common carrier other than the Post Office to receive, transport or deliver a.ny letter or other packet having no bearing on that carrier's or on ·the goods or persons it carries, whether or not for remuneration: - 751 -
22-1
OPlA HI T E F O S W A L D B T A JD L O CoN-S
· ereof �o! 1 pers ona� identh der hol tlhe g n rvi se ts (a) letters. or docu n!en . In.endation for v1s1t or receipt or ti'f"ication or ev idence or r ecoID e affairs of the sender th g nin cer con ly e sol ger n . se s e 1n letters sent by or receiver tl1ereof; eof or by a friend r the der sen the by d e r1· car ts n e m ocu • d or tt s ) r e b e l ( . . . 1 1e . s son t per to e ry to whom liv d e for vel tra or y e ro · on 1s way, JOU . h • directed; (c) lett ers or documents sent by a Court of 1·ustice or an y Mini stry_ or D epar,·tment of th. e Government and the answer or retur n receipt, if any, thereto; (d) letters or other packets sent by the owner or � anager of a means of transport and ca.rried by an employee spec1f1cally for that pur pose ; and (e) letters or documents co11cern.ing the operatio11 of a tra nsport ser vice carried by t,h e operator. (2) Except as is provided i11 paragraph (1) o� tbjs Article,
no
person may receive, tra11sport or deliver any postal article, wl1etl1er or not for remu neration; provided however, thart tl1is prohibition s hall not apply: (a) to places or areas where no pos tal facilities are provided; or (b) to duly licensed busine sses engaged in local mess enger or delivery services incidental to but not the primary purpose of tl1e business.
9. Use of State Domain Property. The Post Office may, witl1out charge, use land a.nd o,ther property owned by the State for tl1e purpose of carrying out its services here1111der.
10. Use a11cl Expropriatiori of Private Property in Accordc1nce i,vitlz t/1e Law. In carrying out its opepratio11s her eunder, tl1e Pos t Office n1ay apply the provisions of Article 1460 to 1488 inclusive of the Civil Code of 1960. CROSS REFERENCE Civ. C. 19/Ex. 2 (1960) Arts. 1460-1488.
l 1.. Locc1l Arrc1nge11·ients.
The app�opri�te local authorities or other i n ter es ted bodies, in order to pro mote postal services 111 place s where postal servic es do no t exist or are inadequate to meet tl1e l� cal 11eeds, may e1 �ter into special ar ra ng eme11ts witl1 :tlle Post Office for _the establishment or expans1�n of postal se rvices against payn1ent to tl 1e Post Office of all or part of tl1e costs 1nc11rred ther eby. 12. lnter11al Organization of Post Office: f1) Th� Post O�fice shall 1?e divided into su ch number of depart n1e11ts , . regi �ns, d1s tr1ct .I1ead offices, p os t o considered n ece ssary by the Min ffices and postal a0oeilcies as ma)' be ister. - 752-
POSTS, TELl�GRAPlfS AN.D TELEPI-lONES
22-1
(2) A Region sl1all be ad111i11istered by a Regional Director of Posts, a. Dis trict Head Office by a District Postmaster, a Post Office by a Post master and a Postal Age11cy by a Postal Agent. CHAPTER IV - POWERS AND DUTIES OF THE :t-AINISTER 13. Szt/Jervisiori of t/1e Post Office. Tl1e Post Office sl1all exercise its fn11ctions a11d discl1arge its d11ties and responsibilities 1111der the general directio11 ard s11pervision of tl1e Minister. 14. Interna'fior1c1l Dttties. �he Minister sl1all act for c:t11d re1Jrese11t Ethio1Jia i11 all i11temational mat ters relat1ng to tl1e postal service, inclt1di11g all inte.r11atio11al conve11tions, conferen ces and 111eetings or negotiatio11s co11cer11i11g :l1e postal service. 15. Otl1e1· Pott,•ers. (1) In the exercise of tl1e powers of direction a11d sL1pervision of the Post Office vested .i11 hi111 l1ereunder tl1e Minister n1ay prescribe: (a) the 11ature and extent of the services to be provided by the Post Office; (b) tl1e post,1ge and other chcrges for services provided by the Post Office; (c) tl1e forms to be 11sed; (d) tl1e conditions gover1ting the posting, despaptch, delivery, registra tion and · other matters co11cemi11g postal articles, the giving of receipts and the ft1misbing of cer,tificates of posting and delivery; (e) the issuance of postage stamps, stamped covers, postcards and other stamped issues; (f) the procedures governing the disposal of spoiled, unt1sed or misused stan1ps or other postal issueE; (g) the detailed conditions and p1ocedures ito be adopted in relation to postal articles which have been lost, damagecl or wrongly delivered; and (h) any matters concer11ing tl1e proper carrying out of tl1e provisions hereof. (2) All regulations prescribed under tl1is Article 15 shall be published in the Negarit Gazeta.
CHAPTER V - CARRIAGE i)F POSTAL ARTICLES 16. Meth.ads and Conditions of Carriage. (1) Postal articles may be transporte:l by land, sea or air. (2) No carrier may refuse to receive, transport or delive•r postal articles when requested to do so by the Post Office; provided, however, that appropriate payment s.hall be made itherefor. 753 -
22-1
IOPIA H T E F O S W A L D E T A CONSOLID
.. e s shall be agree d U,I)On by l tic ar l sta po . of t or p ns tra (3) The conditions of . . provide d however ' that in defaul t of • . . th e post Office a n d the carri ers , , e referred to the Minister and the b l s er a e 1 t en such a.green1 t, l _in � :hose ·oi nt d ecision shall be final. J Min·ister of Commun1cat100s • of al post n tatio spor tran articles. the to y · orit · pn e giv · 11 a h s (4) All carriers . l y . or ty an of l to du nt e ym pa to e bl lia be t 1 no a h s h es 1 (5) Mail pouc (6) ':ehlc · I es_ which a r marked as property of the Post Office shall be given pnor1_ty_ of· p:ss . a,ge .wh.e n .car. rying postal articles over roads on which the amount of traffic 1s l1n11te d.
n
17. Eniergency Assistarzce. In cases of emergency or 11eed, civil and 111.ilitary authorities shall render assistance to tl1 e Post Office when so reque sted. CHAPTER VI - USE OF POSTAL SERVICES 18. Free A.vailability. (1) Postal services shall be available to all p ersons without preferei1ce and without distinction. (2) Tl1e Posit Office shall, subject to payment of postage and compliance with postal regulations, accept for tra11sport and delivery all postal arti cl es suitable for transmission by post, unless their t ransmission is prol1ibited by law.
19. Restrictio11s on Use. (1) Tl1e Post Office n1ay re turn to tl1e sender or forward to destination any articles posted in contraventio11 of this Proclamation. (2) Damaged postal articles or articles containing perisl1able goods may be opened by tl1e Post Office and repacked in tl1e presenc e of three (3)
members o:f the Post Office staff. Wl1ere such repacking and furtl1er transport cannot be made witl1011t fttrtbe r damage to said goods, tl1ey n1ay be sold and the proceeds tl1ereof, less charges, credited to tl1e sender.
(3) Postal articles wl1ich re111ain 11ndelivered af5ter being retained for one
(1) year n1ay be sold or destroyed. Money and in1portant documents sl1all be kept for the sender for a furtl1er period of one (1) year. After the expiration of tl1e second year, the mo11ey sl1all becon1e t11e property of the Governn1ent ancl the documents may b e d estroyed or otherwise disposed of as prescrib ed. (4) The Post Office may witl1old d elivery of postal articles until cl1arges due have bee11 l)aid. 20. Prohibited Articles. - 754 -
I
I
------------------------------·-· POSTS, T.ELEGI{API·IS <\ND TELEPI-IONES
22-1
(1) The following may not be transnlitted by post:
(a) articles which by tl1eir 11ature or their packiI1g may expose offi _ cials to danger or s_poil or damage other articles; (b) articles subject to customs duty, except upon compliance with all appl�cable import and expo�t regulatio11s; provided, however, that co11s1gnments of seru1ns, vaccines and medicine difficult to obtain a11d t1rgently required sl1all be exempt from compliance with said regulations; (c) samples sent :u1 large qt1ru1ti:ies witl1 the inte11tio11 of avoiding pay n1ent of duty; (d) opi11m, n1or1Jl1ine, cocaine a11d otl1er narcotics unless sent for me dical p11rposes by registered mail or parcel post from and to esta blishme11ts at1tl1orizecl to send a11d receive the same; (e) articles the ii11port, export o� circt1latio11 of whicl1 is expressly pro liibited by law; (f) living animals, except: (i) bees, leeches and silkw)rms; (ii) parasites and destroyers of noxious insects unless from and to establishments authorized to send and receive the same. (iii) singing birds; and (iv) other arumals that may be adrnitted conditionally and as pres cribed: (g) explosives and inflammable articles; (h) radioactive and similar dangerous articles unless sent for medical purposes by registered mail or parcel post in compliance wi•th all applicable regulations from and to establishments authorized to send and receive the same; (i) obscene or imn1oral articles, articles bearing indecent or obscene print, paintings, photograph�, lithographs, engravings or any words or n1arks or designs which are grossly offensive or indecent, ob scene, libellous, seditious or blashphemous; and (j) other articles prohibited by law. 21. Prepaynient of Postage Required. Article being carried as second cl:iss material for which lower postage rates are prescribed shall not be accepted for transport and delivery unless the postage thereon has been prepaid. 22. Detention of Suspected Articles. The Post Office may detain any postal article suspected to contain dutiable or prohibited articles and shall cause it to be examined by the customs or other appropria1e authorities.
23.. Disposal of Prohibited Articles. 755-
22-1
PIA IO H T E F O S W A L D E CONSOLIDAT
d one nti in subpa rame . s icle art the of . . • · y an _ ng (1) Postal articles conta1111 ll be seized and sha eof her 20 e I t· ic r A f o . ) (1 gr&p h s (a), (d), (g), or destroyed. is of th ) (1 rticle 23, ph A ra ag pr pa of ns io is ov pr · e th to e ic (2) Without re ud ed rn be tu re ay m t� of re e tl1 l�e 20 le ic rt A in d ne io it 1 1 e s n postal arrcl� e oy d; tr s �e ovided, r o pr d, e iz .se e� se es dr ad 1e t1 . to d de ar , rw seiider fo f h e m d or 111 in case of e b a s i11 1g or of ce ffi O st Po e tl1 at r, th ve howe 11 seizure or destructio11.
24. Susperzsiori of Service. Anyilhing herein to t11e contrary notwitl1standing, the Post Office may, if the public interest shall so reqt1 ire or for reasons beyond its control, suspend or restrict any Postal service witholit prior notice. CHAPTER VII - PRIVACY OF MAIL
25. Gl1c1rarztee of Privacy.
(1) The privacy of m . ail is l1ereby g11aranteed; provided, 11owever, that censorsl1ip 111ay be imposed i11 tin1es of declared national emergency. (2) No person shall open, read, destroy, hide, or steal any postal article while the same is in the custody of the Post Office, nor shall an ern plo),ee of the Post Office con1municate at any time to any unat1thorized person anything tl1at n1ay have come to l1is knowledge i11 il1e course of l1is duties.
(3) No carrier en:tr11sted with a mail pouch may tamper with it in any way.
26. E.�ceptions.
Notlling in tl1is Chapter VII sl1all proltibit tl1e Post Offjce fron1:
(1) giving information to the sender or ad. dressee of a postal article concerning the same; (2) furnishing the courts or other competent autl1ori-ties \.·vith inforn1ation an d postal articles in accordance witl1 tl1e law·' (3) ope�ng ai1y IJar�el wllich is asst1n1ed to be liable to customs duty, and �penmg any article suspected of falling under tl1 e proJ1 jbitions of Ar ticle 20 hereof; or
(4) ope11i11 g a postal �rticle, otl1er than a letter, so as to deter1 11ine its class and. postage or, �U. . case _of an article posted as bei11g exen1pt fron1 postage, whether 1t 1s entitled to such exemption.
CHAPTER VITI - PUBLIC I-IOU RS 27. Specified Ti1rzes.
The Post Office sha g regar·ct to Iocal reqt11ren1ents, be open for , havin · ll . · . such hours as are prescribed; JJrov1ded, however, tllat e )' ev er sh al Po l O st ff ic e b open for not less than four (4) hours on every worki ng d ay and 11ot 1 ess th · .an t \V o - 756 -
I
j
POSTS, TELEGRAPI-IS <\ND TELEPI-IONES
22-1
(2) bou1-s 011 Sl1.ndays and ,iJubI.ic holidays. 28. Pltblic Dis[Jlay of Hoi,rs. Tl1e ho11rs cluring be prominently dis wl1ich a Post OJfice is open sl1all _ . played in eacl1 Post Office togetl1er with 1he hours of the departure and arrival of mail. CHAPTER IX - COLLECTION OF CUSTOMS AND OTHER NON-POSTAL FEES 29. Powe,· to Collect. The Post Office 111ay collect fro1n the sender or addressee of ,t postal . article tl1e c1 1 st o1ns d11 ty a11cl a.n y otl1er no1-postal charge which may be due on _ such postal article, wl1e11 delegated by the C11stoms Autl1orities. 30. Site of Ci,sto,ns Co· ntrol. The custon1s control in respect of any postal article shall be carried out in the Post Office in tl1e presence of Postal and Customs officials. 31. Assista11ce to Custo1ns. The Post Office shall co-operate with and 'assist the Ct1stoms Administra tion in all matters relating to the import and export of postal articles subject to ct1stoms contTol. CHAPTER X - POSTAGE STAf✓-PS AND POSTAL CHARGES 32. Prepayn1ent. Postage rate and fees, unfess otherwise prescribed, shall be prepaid by the sender and collected either i11 casl1 or :n postage stamps. 33. Can.cellation. Only authorized e1nployees of the Post Office may date-stamp or cancel postage stamps, stamped covers, postcards and other postal issues. 34. Restrictio11s on Sale. (1) No .person shall sell postage stamps, stamped covers, postcards or other postal issues, or manufacture or use any franking machines for prepayment of postage, witho11t a licence from the Post Office approv ed by the Minister. (2) No person shall sell any stamp� or stamped postal forms for purpo ses of prepayment of postage a1 a rate other than that prescribed.
35. Use of Date-Stamps and Seals. (1) The use of Post Office date-stamps and seals shall be prescribed. (2) No person shall falsely mark a�y postal art_icle so as !o lead an�? n:e to believe that it was posted ot-1.er than at its actual iume of posting.
- 757-
,
22-1
lOPIA il T E F O S W A L D E T A ID L CONSO
36. Use of Forgecl ancl Us·ed Postage Stanips.
stage stamp ed po us or , ed rg fo , ed ifi ls fa y 11 a g in ar Any ,postal article be t e rr rs e su de se es dr he ad e th ss le un y � er liv de shal l be detained and witllheld fron1 , pa e s se ar p 111 m _ sta 1 �r p m sta e th t en ev tie � cover to the Post Office forthwith. In _ f ai1 d provide e 1 its le tic ar e th er nd rre su all sh e se es dr ad e bl from the article, the such information as may be required.
3 7. Removal of Sta,nps. No person shall remove fron1 any postal article any stamp affixed thereon with tl1e intent to steal said stan1p. 38. Exe11iption fro11i Postc,ge.
(1) Postal articles despatched by any Post Office to a11other Post Office sl1all be free of postage. (2) Postal articles exempt from postage by virtue of the terms of an inter na.tional postal convention adhered to by Ethiopia shall be subject to such conditions as n1 ay b! prescribed. 39. Deficie,icies in Postage.
If a postal article is posted unpaid or with insufficient posta.ge, the Post Office shall recover fro1n tl1e addressee or the sender a fee twice :the amount of tl1e deficie11cy; provided, however, that: (1) in tl1 e case of a registered instal article, only the exact amount of tl1e deficiency shall be cl1arged; (2) in tl1 e case of an unpaid or inst1fficiently paid charity surcharge, 011ly the exact amount of the de:iciency shall be cl1arged; and (3) in tl1 e case of a locally addri!ssed item which is reforwarded to a place in the same general area, only the difference bet\veen tl1 e local and tl1e general area rates shall be ::barged. 40. Redirection of Mail.
If a postal article is requirea to be redirected or returned to tl1 e sender, the normal postage shall be charged in connection there\vitl1; provided, 110 \.vever, that in the case of letter n1ail there shall be no such additional cl1arge. 41. Charges Excli,si ve.
Only postage cl1 arges prescribed by or under the provisio11s of tl1 is Procla mation shall be imposed for the receipt, transport and delivery of postal articles.
CHAPTER XI - OWNERSHIP OF POSTAL ARTICLES 42. Rights of Sencler.
I
(I) Subject to tl1e provisions l1 ereof, a postal article sI1aII re 111�1 in tl1e pro perty of the sender tmtil it :s delivered to the addressee. - 758 -
POSTS, TELEGRAPI-IS AID TELEPl-IONES
22-1
(2) S11bject ;to tl1e provisions l1ereof, tl1e sender of a l)Ostal article may,
so long as it is in the c11stocly of the Post Office: (a) witl1draw it; (b) 1nodify or cl1ange the ,1ddress thereof· (c) req11ire it to be reforwarded to anoth�r addressee· (d) require it to be delivered free, or cash-on-delivery. �r for a reduced charge; (e) require its return; (f) require it to be sold or destr)yed; or (g) abando11 ownersl1i1) of it.
43. Rights of Aclclressee.
(1) The addressee of a postal article� before taking delivery, may: (a) req11ire it to be forwa1·clecl to l1i111 at another acldress or to be kept for him as prescribect; (b) at1tho rize its delivery to a tl1:rd perso11; (c) require that the sender be advised to ha.ve it delivered to him free or at a reduced charge; (d) 1nake reservations or req11ests for indemnity in the event of its dan1age, rifling or loss; or (e) ref11se to accept its delivery; provided, however, that a court order req11iri11g its delivery shall not be refused. (2) A11 addressee may not require that he examine tl1e contents of any postal article sent cash-on-delivery before making payment. 44. Postal For111s. Parcel despatch notes, money order for-ms, inquiry forms, advices of the arrival or non-arrival of postal articles, together with any postage stamps affixed thereto, and any otl1er postal form, shall remain the property of the Post Office for so long as they remain in its possession. Any person damaging any of the above shall be responsible therefor. CONSOLIDATION NOTE The word "Any" which was omitted from the last sente.nce of the English version in the Negarit Gazeta, has been supplied by translation from the Amharic.
CHAPTER XII - DELI.VERY 45. Restrictions on Delivery. Subject to the provisions l1ereof, a postal article shall be delivered only to the add,ressee, his authorized representative, his guardian or his legal successor. 46. Returned lte,ns. A returned item shall be delivered only to its sender or to the persons mentioned in Article 45 hereof.
47. Postage Due.
Any postage due on a postal article returned to its sender shall be paid by the sender, who shall be required to accept delivery. 48. Refused and Unclaimed Articles.
759 -
C
TfIIOPIA E F O S W A L D E T CONSOLIDA
22-1
_ _ : -: �p-:-o�st=·a.1:--:-a-= rt�icl�-:-e- w-:hic :._.:__ _ __ ---�_ _2-:3:--:-b _ -:- � h-is. _ . , a-:-n.y - .- - of .A- rti· cle f e .. , o r e . . 1e prov1s1 ons S ubJect to ,u n• d ee e b iv ·. t 1· er e d sha.11 o n h s_ a n so a re er th o y n a r ed or wl 1ich fo im d a se r cl o n fu 11 re 1 fo r no 11 -d e1 1very, or shall 1 o as · re 1e tl l1 it \V 1111n1ediate1 y b e ret·u.rned 1o 1· ts seudeJ . . as provided herein. be otherwise dealt wit11
Y IT IL IB S N O P S E R AND CHAPTER XIII_ ENQ1JIRY
49. Ti11ie Li,nits. (1) The Post Office s11a11 e11-t<:rtain enq11irie� regardi11g any postal article up to one (1) year from tre date of postmg. (2) Except where t]1 e se11der llas already paid a special fee for �dvice of delivery, all enquiries shall be subject to pay1nent of tl1e prescribed fee. (3) Where the enquiry l1as bee1 1 necessitarted by a11 error on the part of
the Post Office, tl1e enqt1iry fee sl1aII be refunded.
50. Res1;onsibility for Loss. In the event of the loss, damage or theft of a post,11 article specified in Article 51 l 1ereof, tl1e Post Office sl1all indemnify t.l1e sender or the addressee, in tl1e case of reserved acce1Jta.nce of delivery, in the 111a1111er prescribed. 51. Li111.itc1tions o,i Jnde,nnity. T11e Post Office sl 1all be liab:e to pay inde111 t1ity 011.ly for tl1e loss, da t11age, tl1eft or wrong delivery of a re�istered iten1, postal parcel or mone)' order, �nd 011ly jf an enquiry with respect thereto is 1 11 ade witl1in twel ve (12) n1011tl1s from 1J1e date of posting. 52. Exceptions. No inde111t1ity shall be paid where the loss, da111,1ge, tl 1eft or wro11g delivery of a registered iten1, postal .parcel or money order bas resulted from: .
(1) circumstances beyo11d the cot1 trol of the Post Office or force 111aje11re; (2) tl1e 11eglige11ce of tl1e sender or t11e addressee·, (3) the destr_t1ction or l oss of )fficial records tl1 rougl 1 catises beyond tl1e
�ost Office's _control; provlded, l1owever, tl1at proof of responsibil ity 1s not otl1erw1se establ ishec·,
(4) action take11 i11 accordance \Vitl1 Articl e 23 I1ereof · (5) lo ��, cla1nag�, theft or wrong delivery ,vl 1icl 1 occured wl1il e the postal
art i cl e was 111 _t11_e_ Cttstod)' )f another service or carrier tl1at does 11ot accept respo11s1b1I1ty; or
(6) fail ure to 1nake a11 enqt1iry witlun the ti111e sp�cified iil Articl e 51 hereof. 53. Cc1lclllatiorz of !11de111.1iity. Indirect damages or l oss of benefits restilt· . . loss, clarnage, t•h�ft· fro111 tl1e mg or wrong delivery of tlle J)ostal � rt·ic1.e sh al l not bf' tak n io1 1 e11 co at int ns ide o r i · the amount of ·i nde1IlllI ty paya hle. calculating
-760 -
I I
POSTS, TELEGRAPI-IS Af.D TELEPI-IONES
22-]
54. Loss of Internatio11c1l Pos·tcil Article. · T1 ,lr for t11e 1oss, Uc1.mage, h a11 or eft t 1e i11dem11ity .payable wrong of delivery . _ artic . rnat_1 ?11al postal 1 ion U1 Postal Unjversal the by �e sl1all be as presc1ibed 111te i Co11vent1o 11 ancl by s_pec1al agree111ents co11c t1ded \Vith otl1er countries. 55. Ti11ze of Pc1yn1e11t. I11 deinnity sl1all be paid 11ot late.r tl1t11 six (6) mo11 tl1s following the date of e11qt1iry. 56. ]11cler,-z11ity Reco11erable. AI1y inde11mity :paid ·b)' tl1 e Post Office sl1all be recoverable from the per son or persons responsible for tl1e loss, damage, tl1eft or wro11g delivery giving rise to tl1e san1e. 57. Article Ccztlsing Dc1111ages. The sender of a JJostal ftrticle sh.all be responsible for a11y t1npaid charges as well as for ai1 y clam,1.ge \¥l1 icl1 111 ay be caL1secl by his ,1rticle to other mail or to tl1e carrier or perso11 s t aku1g part in its transportatio.11 , unless the da111age is proved to be dt1e to the 11egligence of the carrier or of tl1e Post Office. 58. Lin1itation of Claims. Unless otl1er\vise IJrescribed, any rights, clai1ns or legal proceedings con cerning fue operations and activities of tl1e postal service shall expire if not exer cised within a period of two (2) years. CHAPTER XIV - ADDITIONAL PROVISIONS 59. Ta.� Exe,nption. The Post Office shall as ftpproved for o,tl1er Ministries, be exempted from payme.nt of all taxes, charges and dt1ties levi�d or collected at the time of or in connection wit,h the import or export of any sipplies, eqttipment or materials used in connection witl1 the ope1·ation of postal services. 60. E1nblem. Tl1e Post Office Emblem, wl1ich shall be tl1e symbol for the Ethiopian Mail, shall be the hand of a postman carrying a bundle of letters in a cleft stick, with the Imperial Crown above it and the inscription ''Ethiopian Mail'' below it. 61. Offences. Any violation of the provisio11s of thi) Proclamatio11, any infringement of the rights of the Post Office as prescribed, or any wilful action taken against a Post Office box, receptacle building or othe� property of the Post Office shall " be pu:nisbable in accordance with the provisions of the Penal Code of 1957. CROSS REFERENCE The Articles of the Penal Code prima.rily referred to herein a.ppear to be, Pen. C. 16/Ex.1 (1957) Arts. 354, 374, 377, 378, 499, 500, 502, 627, 630, 635, 653-654, 733, 740, 810.
-- 761 -
--------------- -----, . IA P DO I T E F O S W A L D CONSOLIDATE
22-1,2
62. Repeal. ) is f 17 o 42 . o 19 N n io at am cl ro (P 42 19 Th e Post Office Proclamaticn, n. io at m , la oc Pr t en es pr e th by ed hereby repealed and replac 63. Entry in.to Force. This Procla,mation shall enter into force as from the date of its publication in the Negarit Gazeta. Done at Addis Ababa this 26th day of July, 1966. 21 /2 (�961) L. 245 *
REGULATIONS ISSUED PURSUANT TO THE 10ST OFFICE PROCLAl\1ATION, 1942 I. These Regulations are issueC: by the Minister of Posts, Telegraphs and Telephones pursua,nt to authority vested in him by Artic]e 2 of tbe Post Office Proclamatio·n No. 17 of 1942). 2. These Regl1latio11 111ay be cited as ;tl1e ''Postage Rates Regulations, 1961". 3. The postage rates set forth :in tl1ese Regulations sl1all be postal charges to be levied by the Post Office. Section 1 Intern[tional Service Chapter 1 L-etter Pos'. - Surface Mail [The original Article 1 was rei:ealed by 25 / 16 (1966) L. 315 Art. 3.) I. Letters: IO
UIJ
Eth. $
to 20 grams
0.30
2° by each additionaJ step of 20 grams or fractio11 tl1ereof
0.20
2. Postcc1rds: IO simple postcards
0.20
2° reply-paid postcards
0.40
NOTE: For picture postcards issued by tl1e Postal Admnis · tra t·ion an additiona.1 fee is charged o[ •
3. San1ples of merchandise, Printed matters: * INTRODUC�fORY FOOTNOTE Anzd. 25/16 (1966) L. 315, 25/22 (19(:6) L. 319, 26/8 (1967) L. 32S.
- 762 -
0.05
I
l
22-2
POSTS, TELEGRAPI-IS AND TELEPflONES
I O up to 50 grams
0.15
2° by each additional step of 50 gran1s or fraction tl1ereof
0.05
3° minimum charge (for commercial p1pers and samples of mer chandise only)
0.30
4. Literatitre for the Blind:
nil (no charge)
5. Nervspapers: redt1ction o.E 50% of tl1e rate provided for printed matters under Article 3 above is granted a11d fixed as follows 1or newspapers printed in Ethiopia: 1° up to 50 grams
0.08
2° by eaoh additional step of 50 grams or fraction thereof
0.03
3 ° minimun1 charge
0.15
6. S111all packets, or '' petits paqtlets'': 1 ° per each 50 grams or fraction thereof
0.15
2° minimum charge
0.65
7. Special rate for small packet delivery: 1° at the post office counter
0.35
2° at the residence of the addressee
0.50 0.35
8. lnterrzatiorzal reply coupons CONSOLIDATION NOTE Re,zz,,n. 25/16 (1966) L. 315 Art. 3; amd. 25/16 (1966) L. 315 Arts. 3-4.
Chapter 2 Fees for Special Services
,
l. Registration fee
0.50
2. Postal Customs Clearance Fee: 1 ° regular fee
d se es dr lly ad cia pe es its lim t igh we g in ed ce ex 20 for ite m s 3. Express Fee 4. Withdrawc,l of mail or alteration of the address -763 -
0.35 0.80 0.50 0.65
22-2
CONSOLIDATED LAWS OF ETHIOPIA
5. [nqi1iries, Reqi,ests for lnformation, or Requests for Return Receipt a.fter the deposit 6. Rate for retilrn receipt when posting an ite11i
0.50 0.35
7. Ad ditiona. l rate for registered iten1s bearing request for delivery to the addressee in person
0.15
8. Charge 011. Llnpaid or under paid rzon-registered corresJJondence: (d.ouble the amount of the deficiency of postage) 9. !1ide1nnity to be paid to the �·e,zder of a lost registered item
20.00
GENERAL NOTE: MAXIMUM WEIGHTS: as established by tl1e UPU Conveotjon: Letters
2 kgs.
Printed matters
3 kgs. or 5 kgs. if one book
Samples of merchandise
0.500 kg.
S1nall letter packets or ''petits paqt1ets''
l kg.
Literatt1re for the bli11d
7 kgs.
CONSO.LlDATION NOTE A,ncl. 25/16 (1966) L. 315 Arts. 3-5.
Chapter 3 Combined Air Mail Rates Name of Territory
Letters
·:ards
Second class (AO)
Aero
or
tJer 10
.Jer
per 20
grao1s
COlllltry
grams
�rams
grams
Et11. $
Eth. $
Etl1. $
Eth. $
5
1. Aden
0.40
0.25
0.20
0.30
2. Afgharustan
0.50
0.30
3. Albania
0.25
0.30
0.50
0.30
4. Algeria
0.25
0.30
0.60
0.35
5. Aleutian Islands
0.30
0.30
0.80
6. Andorra
0.45
0.40
0.55
0.50
7. Angola
0.35
0.30
0.30
0.50
8. Argentina
0.30
0.25
0.30
1.)0
0.55 - 764 -
0.50
0.55
POSTS' TELEGlv\PHS AND TELEP I-IONES
9. Ascension 1.00 10. Al1stra1ia 1.00 l I. Al1stria 0.60 12. Azores 0.60 13. Bahamas 0.80 14. Bahrain 0.50 15. Balearic 0.60 16. Banks and Torres Islands 1.00 17. Barbados 0.80 18. Bas11toland 0.50 19. Bech11ru1aland 0.50 20. Belgium 0.60 21. Ber1n11da 0.80 22. Bijagos Arcl1ipelago 0.60 23. Bismark Arcl1ipelago 1.00 24. Bolivia 1.00 25. Brazil 1.00 26. British West Indies 0.80 27. Brunei 0.80 28. Bulgaria 0.50 29. Burma 0.60 30. Burundi 0.50 31. Cambodia 0.80 32. Cameroon 0.50 0.80 33. Canada 34. Canary Islands 0.60 0.60 35. Cape Verde Islands 1.00 36. Caroline Islands (UK) 1.00 37. Caroline Islands (U.S.A.) 0.80 38. Cayman Island 0.60 39. Central African Republic 0.60 40. Ceylon 1.00 41. Chile 0.80 42. China (Taiwan) 43. China (People's Republic of) 0.80 44. Christmas Islands (Gilbert 1.00 and Ellice Islands) 45. Christmas Island (Australia) 0.80 1.00 46. Cocos or Keeling Islands 0.80 47. Colombia 48. Congo, Rep. of (Leopoldville) 0.40 49. Congo Rep. of (Brazzaville) 0.40 765
22-2
0.55 0.55 0.35 0.35 0.45 0.30 0.35 0.55 0.45 0.30 0.30 0.35 0.45 0.35 0.55 0.55 0.55 0.45 0.45 0.30 0.35 0.30 0.45 030 0.45 0.35 035 055 055 0.45 035 035 055 0.45 0.45
0.50 0.50 0.30 0.30 0.40 0.25 0.30 0.50 0.40 0.25 0.25 0.30 0.40 0.30 0.50 0.50 0.50 0.40 0.40 0.25 0.30 0.25 0.40 0.25 0.40 0.30 0.30 0.50 0.50 0.40 0.30 0.30 0.50 0.40 0.40
0.55 0.55 0.30 0.30 0.55 0.30 0.30 0.55 0.55 0.30 0.30 0.30 0.55 0.30 0.55 0.55 0.55 0.55 0.55 0.30 0.30 0.30 0.55 0.30 0.55 0.30 0.30 0.55 0.55 0.55 0.30 0.30 0.55 0.55 0.55
055 0.45 055 0.45 025 025
0.50 0.40 0.50 0.40 0.20 0.20
0.55 0.55 0.55 0.55 0.30 0.30
22-2
l
IOPIA H T E F O S W A L D E T A ID CONSOL
50. Cook Isla.nds (New Zealand) 1.00 1.00 51. Cook Islands (USA) 0.80 52. Costa R.ica 0.80 53. Cuba 0.80 54. Curacao 0.50 55. Cyprus 0.60 56. Czechoslovak:i,1 0.60 57. Dahomey 0.60 58. Denmark 59. Djibouti (French Soma]iland) 0.40 0.80 60. Dominica Islan.d 0.80 61. Dominican Republic 62. Dutch Antilles 0.80 63. Ecuador 0.80 64. Egypt (UAR) 0.40 65. Eire (Ireland) 0.60 66. El Salvador 0.80 67. Engla.11d 0.60 68. Fa.lkland Islands 1.00 69. Fa.nning Islands 1.00 70. Faroes Islands 0.60 71. Fernando Po Island 0.60 72. Fiji Islands 1.00 73. Finland 0.60 74. France 0.60 75. Gabon 0.50 76. Gamhia 0.50 77. Georgia Islands 1.00 78. Germany, Eastern 0.60 79. Gern1a11y, Western 0.60 80. Gl1ai1a 0.50 81. Gibraltar 0.60 82. Gilbert & Ellice Island 1.00 83. Great Britain & Northern Ireland, United Kingdom (UK) 0.60 84. Greece 0.50 85. Green.I a11d 0.60 86. Granada Island 0.80 87. Guadeloupe 0.80 88. Guam 1.00
0.55 0.55 0.45 0.45 0.45 0.30 0.35 0.35 0.35 0.25 0.45 0.45 0.45 0.45 0.25 0.35 0.45 0.35 0.55 0.55 0.35 0.35 0.55 0.35 0.35 0.30 0.30 0.55 0.35 0.35 0.30 0.35 0.55
0 .5 0 0.50 0.40 0.40 0.40 0.25 0.30 0.30 0.30 0.20 0.40 0.40 0.40 0.40 0.20 0.30 0.40 0.30 0.50 0.50 0.30 0.30 0.50 0.30 0.30 0.25 0.25 0.50 0.30 0.30 0.25 0.30 0.50
0.55 0.55 0.55 0.55 0.55 0.30 .0.30 0.30 0.30 0.30 0.55
0.55 0.55
0.55
0.30 0.30 0.55 0.30 0.55
0.55 0.30 0.30 0.55 0.30 0.30 0.30 0.30 0.55 0.30 0.30 0.30 0.30 0.55
l
l
0.35 0.30 0.35 0.45 0.45 0.55
- 766 -
0.30 0.25 0.30 0.40 0.40 0.50
0.30 0.30 0.30 0.55 0.55 0.55
f
f •
i
I
i lI
'
I'
I
I
POSTS, TELEGllAl>HS AND TELEI'l-LONES
89. Guaten1ala 90. Gt1ia11a, Bri tisl1 91. Guia11a, Netl1er, (St1rj11am) 92. Guiana, French 93. Gt1inec1, Republic of 94. Haiti 95. Holland (Netherlands) 96. I-Iondtiras British 97. Hondt1ras, Rep·ublic of 98. Hongkong 99. Hu11ga1·y 100. Iceland 101. India 102. Indo11esia 103. Iran (Persia) 104. Iraq 105. Ireland (Eire) 106. Israel 107. It,1ly 108. Ivory Coast 109. Jamaica. 110. Japan 111. Jordan 112. Kenya 113. Korea, North 114. Korea, South 115. Kuwait 116. Labuan 117. Laos 118. Lebanon 119. Leeward Islands 120. Liberia 121. Libya 122. Loyalty Islands 123. Luxemburg 124. Macao 125. Madeira Islands 126. Majuro, Marshall Islands 127. Malagasy Republic 128. Malawi 129. Malaysia Federation of 130. Mali Republic
0.80 0.80 0.80 0.80 0.50 0.80 0.60 0.80 0.80 0.80 0.50 0.60 0.50 0.80 0.50 0.50 0.60 0.50 0.50 0.50 0.80 0.80 0.50 0.40 0.80 0.80 0.50 0.80 0.80 0.50
0.80
0.50
0.50 1.00 0.60
0.80
0.45 0.45 0.45 0.45 0.30 0.45 0.35 0.45 0.45 0.45 0.30 0.35 0.30 0.45 0.30 0.30 0.35 0.30 0.30 0.30 0.45 0.45 0.30 0.25 0.45 0.45 0.30
0.45
0.45 0.30 0.45 0.30 0.30 0.55
0.35 0.45
0.40 0.40 0.40 0.40 0.25 0.40 0.30 0.40 0.40 0.40 0.25 0.30 0.25 0.40 0.25 0.25 0.30 0.25 0.25 0.25 0.40 0.40 0.25 0.20 -0.40 0.40 0.25 0.40 0.40 0.25 0.40 0.25 0.25 0.50 0.30
0.40
0.60
0.35
0.30
1.00 0.50 0.50 0.80 fil.60
0.55 0.30 0.30 0.45 0.35
0.50 0.25
7fJ7 -
0.25 0.40 0.30
22-2
0.55 0.55 0.55 0.55 0.30 0.55 0.30 0.55 0.55 0.55 0.30 0. .30 0.30 0.55 0.30 0.30 0.30 0.30 0.30 0.30 0.55
0.55 0.30 0.30 0.55 0.55 0.30 0.55 0.55 0.30
0.55
0.30 0.30
0.55 0.30 0.55
0.30
0.55 0.30 0.30 0.55 Or 30
22-2
131. 132. 133. 134. 135. 136. 137. 138. 139. 140. 141. 142. 143. 144 145. 1.46. 147. 148. 149. 150. 151. 152. I 53. 154. 155. 156. 157. 158. 159. 160. 161. 162. 163. 164. 165. 166. 167. 168. 169. 170. 171. 172.
CONSOLIDATED LAWS O'F ETHIOPIA
Malt.a Marianna Islands Marqu.esas Islands Marshall Isla11ds Martinique Mauritania Mauritius Mexico Midway Islands Monaco Mongolia, People's Republic Montserrat Morocco Mozambique Muscat a11d Oman Mat1rau Island Nepal Netherlands New Caledonia New Gui11ea (A11stralia) New G11inea (Indo11esia) New Hebrides New Zealand Necaragua Niger Nigeria Norfolk Island Norw,1y Pakistan Panan1a, Canal Zone Pa11an1a Republic of Papua Paraguay Persian Gulf Per11 Philippines Phoe11ix Islands Pitcai1n Island Poland Polynesia (Franch) Portugal Portuguese Guinea
0.50 1.00 1.00 1.00 O.ID 0.60 0.50 0.80 1.00 0.6J
0.80 0.80 0.63 0.5) 0.5) 1.0) 0.5) 0.6) 1.0) 1.0) 1.0) 1.0) 1.0) 0.8) 0.5) 0.5) 1.0) 0.6) 0.5) 0.8) 0.8) 1.0) 1.0) 0.5) 1.0) 0.8) 1.0) 1.0) 0.6D 1.03 0.60 0.60
0.30 0.55 0.55 0.55 0.45 0.35 0.30 0.45 0.55 0.35 0.45 0.45 0.35 0.30 0.30 0.55 0.30 0.35 0.55 0.55 0.55 0.55 0.55 0.45 0.30 0.30 0.55 0.35 0.30 0.45 0.45 0.55 0.55 0.30 0.55 0.45 0.55 0.55 0.35 0.55 0.35 0.35
- 768 -
0.25 0.50 0.50 0.50 0.40 0.30 0.25 0.40 0.50 0.30 0.40 0.40 0.30 0.25 0.25 0.50 0.25 0.30 0.50 0.50 0.50 0.50 0.50 0.40 0.25 0.25 0.50 0.30 0.25 0.40 0.40 0.50 0.50 0.25 0.50 0.40 0.50 0.50 0.30 0.50 0.30 0.30
0.30 0.55 0.55 0.55 0.55 0.30 0.30 0.5) 0.55 0.30 0.55 0.55 0.30 0.30 0.30 0.55 0.30 0.30 0.55 0.55 0.55 0.55 0.55 0.55 0.30 0.30 0.55 0.30 0.30 0.55 0.55 0.55 0.55 0.30 0.55 0.55 0.65 0.55 0.30 0.55 0.30 0.30
I
POSTS, TELEGllAPI-IS AND T ELEPI-IONES
l 73. 174. 175. 176. 177. 178. 179. l 80. 181. 182. 183. l 84. 185. 186. 187. 188. 189. 190. 191. 192. 193. 194. 195. 196. 197. 198. 199. 200.
Puerto Rico R . e. u11io11 Rhodesia Roumania Ruanda Sal1ara, Spanish St. Helena Isla11d St. Kitts Island St. Ll1cia Island St. Pierre and Miquelon St. Thomas and Prince Salvador Isla11ds Samoa, American Sa111oa, Western Sandwich Islands San Mari110, Repttblic of Saudi Arabia Senegal Seychelles Isla11ds Sidi Ifni Sierra Leone Singapore Society Islands Solomon Islands Somalia, Republic of Somaliland, French Sotavento Islands South Africa, Republic of
201. South West Africa 202. Spain 203. Spanish Guinea 204. Spanish West Africa 205. Sterles (Barren Islands) 206. Sudan 207. Sourinam 208. Swaziland 209. Sweden 210. Switzerland 211. Syria 212. Tanzania 213. Tcha.d
0.80 0.50 0.50 0.50 0.50 0.60 1.00 0.80 0.80 0.80 0.60 0.80 1.00 1.00 1.00 0.50 0.40 0.50 0.60 0.60 0.50 0.80 1.00 1.00 0.40 0.40 0.60 0.50 0.50 0.60 0.60 0.60 0.50 0.40 0.80 0.50 0.60 0.60 0.50 0.40 0.60
0.45 D.30 0.30 0.30 0.30 0.35 0.55 0.45 0.45 0.45 0.35 0.45 0.55 0.55 0.55 0.30 0.25 0.30 0.35 0.35 0.30 0.45 0.55 0.55 0.25 0.25 0.35 0.30 0.30 0.35 0.35 0.35 0.30 0.25 0.45 0.30 0.35 0.35 0.30 0.25 0.35 769 -
0.40 0.25 0.25 0.25 0.25 0.30 0.50 0.40 0.40 0.40 0.30 0.40 0.50 0.50 0.50 0.25 0.20 0.25 0.30 0.30 0.25 0.40 0.50 0.50 0.20 0.20 0.30 0.25 0.25 0.30 0.30 0.30 0.25 0.20 0.40 0.25 0.30 0.30 0.25 0.20 0.30
22-2
0.55 0.30 0.30 0.30 0.30 0.30 0.55 0.55 0.55 0.55 0.30 0.55 0.55 0.55 0.55 0.30 0.30 0.30 0.30 0.30 0.30 0.55 0.55 0.55 0.30 0.30 0.30 0.30 0.30 0.30 0.30 0.30 0.30 0.30 0.55 0.30 0.30 0.30 0.30 0.30 0.30
IA P IO H T E F O S W A L D E T CONSOLIDA
22-2 214. Thailand (Siam)
0.80
0.45
0.40
0.55
215. Timor
0.80
0.45
0.40
0.55
216. Togo Republic
0.50
0.30
0.25
0.30
217. Tonga Islands
1.00
0.55
0.50
0.55
218. Trinidad and Tobago
0.80
0.45
0.40
0.55
219. Tristan Da Cunha
1.00
0.55
0.50
0.55
220. Tunisia.
0.50
0.30
0.25
0.30
221. Turks and Caicos Islands
O.fO
0.45
0.40
0.55
222. Turkey
0..50
0.30
0.25
0.30
223. Uganda
0.40
0.25
0.20
0.30
O.�O
0.25
0.20
0.30
225. Upper Volta, R.epublic of
O.fO
0.35
0.30
0.30
226. Uruguay
I.CO
0.55
0.50
0.55
227. U11ion of Soviet Socialist Republic (U.S.S.R.)
0.00
0.45
0.40
0.55
228. U.S. of America (USA)
O.ID
0.45
0.40
0.55
229. Vatican City
0.50
0.30
0.25
0.30
230. Venezuela
O.ID
0.45
0.40
231. Vietnam, North
0.55
O.ID
0.45
232. Vietna,1n, South
0.40
0.55
0.89
0.45
233. Villa Cisneros
0.40
0.55
0.60
0.35
0.30
0.30
0.8)
235. Virgin Islands (U.S.A.)
0.45
0.40
0.55
0.8)
236. Wake Island
0.45
0.40
0.55
1.0)
237. Wind\vard Isla11ds
0.55
0.50
0.8)
0.55
238. Yemen
0.45
0.40
0.4·)
0.55
239. Yugoslavia
0.25
0.51 )
0.20
0.30
0.30
0.25
0.50
0.30
0.30
0.25
0.30
224. United Arab Republic (UAR)
234. Virgin Islands (British West Indies)
240. Zambia
CONSOLIC·ATION NOTE Amd. 25/16 (1966) L. 315 Art. 6. •
-770 -
Posrs, TELEGRAPI-IS AND TELEPI-IONES I l I I
!
II
f
22-2
Cl1a.pter 4 Parcel Post I. Ethiopic111 Postal Ad111inistration
Transit Parcel C/1arges:
Gold Francs
Et/1. $
0.40
0.33
0.50
0.41
0.60
0.49
1.30
1.06
For parcels fro111 10 to 15 kgs. weight
1.90
1.55
For parcels fro111 15 to 20 kgs. weigl1 t
2.50
2.04
For parcels up to 1 kilogram of weight For parcels from 1 :to 3 kgs. weigl1t For parcels from 3 to 5 kgs. weigl1t For parcels from 5 to 10 kgs. weight
2. Ethiopian Postal Acl111inistration Ter,ninal Parcel Charges: For parcels weigl1i11g up to 1 kg.
1.80
1.47
For parcels weighing from
1 to 3 kg.
2.45
2.00
For parcels weighing from 3 to 5 kg.
3.15
2.57
For parcels weighing from 5 to 10 kg.
5.50
4.49
For parcels weighing from 10 to 15 kg.
8.20
6.70
For parcels weighing from 15 to 20 kg.
10.90
8.90
3. Postal custo111s clearance fee
0.80
4. Parcel re-packing fee
0.40
5. (a) Parcel Storage fee $0.20 per day for each day after the tenth day of storage. 8.00
(b) Maximum Storage fee 6. Express parcel fee
0.65
7. Non-delivery advice fee
0.35
8. (a) Parcel insurance fee: per each 200 gold francs (i.e. Eth. $ 165) of value declared (b) Maximum ins�ance amount js fixed at: 9. Return receipt (advice of delivery) fee. (a) if requested when parcel is being posted (b) if requested after deposit 10. Inquire fee 11. Withdawal or request for modification of change of address - 771 -
0.40 800.00 0.35 0.50 0.50 0.65
HIOPIA T E F O S W A L D E T A ID L O CONS
22-2
12. Urgent parcel rates are double those fjxed for the ordinary ones. 13. Fragile and bulky parcel rates a .re equal to those fixed for the ordinary ones increased by 50 % . 14. Rates charged on the public for transport of parcels conveyed by sur face include, in addition to t11ose indicated under above articles, the transit and the terminal parcel shares wl1ich are due rto the transit countries and services. They are made out in separate tables and are subject to modifications issued by the Postal Administration. 15. Rates charged on the public for trans_port of air parcels, in addition to those indicated in the precedi11g Article, include tl1e air conveya11ce costs involved. CONSOLIDATION NOTE Amd. 25/16 (1966) L. 315 Art. 7.
Section 2 Inland Postal Services Cl1apter 5 Letter Mail 1. Letters:
Eth. $
(a) Local area: 1° up to 20 grams
0.10
2° by additional step of 20 grams or fraction thereof
0.05
(b) General area:
1° up to 20 grams
0.15
2° by additio11al step of 20 grams or fraction thereof
0.05
2. Postcards: (a) local area: 1 ° simple postcards
0.05
2° reply-paid -postcards
0.10
(b) General area : 1° simple postcards
0.10
2° reply-paid postcards
3. Coniniercial pc1pers:
0.20 - 772 -
I
POSTS, TELEGRAPI·IS .\ND TELEPI·IONES
1 o per each 50 grams of weigl1t or :raction thereof 2° 111i11i1n11m cl1arge 4. Prirzted Matters:
22-2
0.05 0.10
1 ° General Rate :
per each 50 grams of weigl1t or fraction thereof
0.05
2° Special redt1ced rate for books, brochures and pampl1lets sent by editors or scl1ools, per each 50 gra111s of weigl1t or fractio11 :hereof
0.03
3 ° Special redt1ced rate for manuscripts ancl sheets of m11sic: IJer eacl1 50 grams of weight or fraction tl1ereof
0.03
4° Special red11ced rate for pupils' correspondence sent tl1rot1gl1 the inter1nedia.rv of schools: per eacl1 50 grams of weight or fraction thereof
0.03
5° Special reduced rate per each printed advertise ment slip or i11 pamphlet form: per each 50 grams of weigl1t or fraction thereof, wl1en posted for local area service without add.ress
0.03
6° Special rates for newspapers ,nd periodicals (when registered wit·h tl1e Ministry and prepaid in cash): (a) per each 50 grams or fraction thereof
0.03
(b) for enclosures or annexes th�reto, per each 50 grams of weigl1t or fractiorr thereof
0.05 (Free of charge)
5. Literature for tlze blind 6. Sa,nples of n1erchanclise: 1 ° per eacl1 50 grams of wejght or f�action thereof
0.05
2° minimum charge
0.10
7. Small letter packets, or ''petits paquets'': 1° per each 50 grams of weight or fraction thereof
0.10
2° minimum c.harge
0.30
Additional fees for spepcial services 0.25
8. Registration Fee 9. Charge on unpaid 01· 11nderpaid non-registered correspondence (double 1the amo11nt of the deficiency of postage) - 773 -
THIOPIA E F O S W A L D E T A ID L O S CON
22-2
(Free of charge)
10. Redirection of articles 11. Express fee : 1° for the local delivery area
0.50
2° per each additional 5 kilometres outside the local _ delivery area an additional fee 1s charged of
0.50
12. Rate for return receipt (AR): l O at the n1oment of posting
0.25
2° when requested after the deposit
0.50
13. Special rate for withdrawal of n1ail or for alteration of tl1e address: 1 ° if requested is to be made by mail
0.40
2° if request is to be made by telegram, in addition to cost of telegram
0.40
14. Rate applied for change of re)idence of tl1e addressee Nil (no charge) 15. Post Box rentals : I O s111all size box
12.00 per year
2° medium size box
18.00 _per year
3° large size box
24.00 per year
4° cl1arge for each extra key
2.00
5° charge for modification of Jock if key is lost
8.00
16. Rate applied for inqt1iry or request for infor111ation a bout a postal item
0.30
17. Air letters
0.10
I 8. Postal power of attorney fee
3.00
19. Licence fee for -tl1e use of Frar.king Macl1ine 20. Indemnity to be paid to tl1e sender of a lost registered jtem
25.00 per year 5.00
GEN.ERAL NOTES: (A) MAXIMUM WEIGI-ITS: as establisl1ed in tl1e UPU Co11ve11tio : n Letters
2 kgs.
Com mercial papers .
2 kgs. - 774 -
,
l
7
22-2
POSTS, TELEGRAPI-IS AND TELEPI-IONES
Printed matters
3 kgs. or 5 kgs., if one book
Literature for the blind
7 kgs.
Sa1nples of mercl1andise
0.500 kg.
Sn1all letter packets or ''petits paquets" 1 (B) Iitla �d n1ail shall .be co1�veyed either by air or by land or by botl1, whichever rotzte ens11re earlier delivery of mail. CONSOLIDAT[ON NOTE 1\ 111 d. 25/16 (1966) L. 31.5 Art. 8; aclclecl a,1cl rer1i111-i. 26/8 (1967) L. 325 Art. 3.
Chapter 6 Postal Money Orcler Service l . M cixirr1i1nz a111ount allolvecl: per Olle postal money order
500.00
2. Rates JJroportio11ate to the arr1ount ren1itted: tip to 25 dollars
0.25
fro1n 26 dollars to 50 dollars
0.50
from 51 dollars to 100 dollars
1.00
per each additional 100 dollars or part thereof
1.00
Chapter 7 Parcel Post 1. Surface service: For purposes of surface Parcel Post tariffs Ethiopia shall be divided into three zones as provided l1ereunder: (a) First
zone:
Provinces of Sl1oa, Arussi, Kaffa, Sidamo, Wollega, Gojam, Wollo and Hararge.
(b) Second zone: (c) Third
zone:
Provinces of Begemdir, Tigre, Illubabor and Bale. Eritrea and Gemu Gofa.
2. The rates to be charged on .parcels sent by surface post between places in the same zone shall be as indicated in the schedules for the first zone, .Provided that parcels exchanged between Eritrea and Gamt1-Gofa will be subject to the rates of the third zone. 3. The charges to be levied on parceJs exchanged between places of the first and the second zones, or between the second and third zones, shall be as provided in the schedules for the second zone. -- 775 -
•
22-2
CONSOLIDATED LAWS OF ETIIIOPIA
4. The charges to be levied on parcels which are exchanged between places of the first and the third zones shall t,e as provided in the schedules for the third zone. 5. Any returned or redirected parcel sl1all be cl1arged as if the offjce of return or redirection were the office of origin 6. Urgent pa.reels are charged dou ble rate. 7. Fragile and bulky parcel rates are equal to those provided for the ordinary ones increased by 50 % . 8. The ''express'' and ''return receipt'' fees, when sucl1 service be required, shall be as provided under Chapter S, Articles 11 and 12 of these Regulations. 1 9. Special fees for wit11drawal, or ateratio11 of the address, or for an inquiry n1ade on the official form shall be a� pnvided u11der terms of Cha.pter 5, Articles 13 and 16 of tl1ese Regulations.
10. Parcel repacking and parcel storage fees sl1all be cl1arged as provided in Cl1apter 4, Articles 4 and 5. 11. (a) Insured parcels shall be liable to a11 insurance fee equal to $ 0.40 per each 200 Eth. or f:ra.ction thereof. (b) Maximum insurance amomt is fixed at Eth. $ 800. I. Sclzedules koo·
I kg.
3 kg.
5 kg.
10 kg.
15 kg.
?0 -
I zone:
$ 0.75
$ 1.00
$ 1.50
$ 2.50
$ 3.50
$ 4.50
II zorze:
$ 1.00
$ 1.50
$ 2.00
$ 3.00
$ 4.50
$ 6.00
III zone:
$ 1.25
$ 2.00
$ 2.50
$ 4.50
$ 6.50
$ 8.50
Up to
•
12. Air Parcels:
For the purpose of Air Parcel Post tariffs there sl1all be two zones : (a) First zo11e shall include any places connected bj' a direct air service, ( b) Second zone sl1all comp· r1·se places w I1ere t here is 110 direct air connection.
II. &l1edules Up to
1 kg.
3 kg.
5 kg.
10 kg.
I zone:
$ 1.50
$ 2.00
15 kg.
20 kg.
$ 3.00
I zone:
$ 6.00
$ 1.50
$ 8.00
$11.00
$ 2.00
$ 3.00
II zone:
$ 6.00
$ 2.00
$ 8.00
$11.00
$ 3.50
$ 5.50
$10.00
$15.00
$20.00
-776 -
I I
POSTS, �fELEGitAPI-IS lND TEL EPlIONES
13. Air arzcl SLtrfc1ce co111bined service: Parcels fo r \vl1ic b a comb111e . · c l · air an d st1rface transport may be req111red . w 1,at-ever t_.1 1e P1 ace of origin and destination, sl1a ll su be bj ec t to charges as set i� b f i tl1e o l owing sc ed ules :
III Schech,les
Up to
I kg.
3 kg.
5 kg.
10 kg.
15 kg.
20 kg.
$ 1.50
$ 2.50
S 4.00
$ 7.00
$10.00
$14.00
Air and st1rface serv1ce
. 14. TI1e i11den111ity to be !)aid by tl1e Post Office j11 tl1e event of loss, rrfle o_r damage of a parcel shall be pro·port onate to tl1e real value of the articles lost, rifled or da1naged, b11t i11 no way 1nore than: (a) for 11on-.ins11red p,1rcels: Etih. S 1 per eacl1 blogram of weight or part thereof. (b) for insured parcels: not 111ore thin tl1e amount of tl1e value insured. 15. Tl1ese Regulations shall come into force on the date of their publication in the Nega,·it Gazeta. Done at Addis Ababa this 30tl1 day of September, 1961. 25/22 (1966) L. 319
REGULATIONS ISSUED PURSUANT TO rfHE POST OFFICE PROCIAMATION, 1966 1. T,hese Regulations are issued by tbe Minister of State for Posts, Tele graphs and Telephones pursuant to authority vested in him by Article 15 of the Post Office Proclama.tion, 1966 (Proclamation. No. 240 of 1966) (hereinafter called the ''Proclamation''). 2. These Regulations may be cited as the ''Postal Rartes Regulations, 1966''. 3. Legal Notices No. 245 of 1961 and :15 of 1966 shall remain in full force and effect a,s if issued under the Proclamation. CROSS REFERENCE Postage Rates Regulations, 21 /2 (1961) L. 2i5, 22 Co11.sol. L. Et/1. 2. Postage Rates (Amendment) Regulations, 25 /16 (1966) L. 315.
4. The Regulations shall e11ter into force a.s of the date of the entry into force of the Proclamatio11. Done at Addis Ababa this 26th day of July, 1966. - 777 -
I
I
22-4
I-IIOPIA T E F O S W A L D E T A ID CONSOL
12/5 (1952) P . 131 * T N E M H IS L B A T S E E H T A PROCLAMATION FOR F O D R A O B L IA R E P IM OF THE IA P IO H T E F O S N IO T A IC N TELECOMMU CONQUERING LION QF THE TRIBE OF JUDAH HAILE SELASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS, it is Our desire to improve the telecommu11ication system of Our Empire; and WHEREAS, to accomplish this pilrpose We have accepted tl1e co-operation of the I11ternational Bank for Reco11struction and Development; and WHEREAS, to facilitate such co-Jperation it is necessary to reorganize the adntlnistratiot1 of Ou.r telecommunica.t.ion systen1; a.11d WHEREAS, .it 11as see1ned fitting pJisl1 this end;
10
Us to create a cor1)orate body to accom
In accorda11ce witl1 Artie.le thirty four of Our Constitution, We approve the resolutio11s of Our Senate and the Ciamber of Deputies and We accordingly procJai111 as follows: CONSOLIDATION NOTE The Constitution referred to here is tle Constitution of 193 I. This Constitution was repealed and replaced by the Revised Constitution of 1955, 15/2 (1955) P. 149, I Consol. L. Etl1. 1. TJ,e Article of tl1e l<evisecl Consti tu tb11 parallel to tl1e cited Article of tl1e 1931 Con stitution is Article 88.
I. There shall be a body politic and corporate i11 11a1ne and deed by the
11ame of the Imperial Board of Tel1.;com1nu11ications of Etl1iopia (herei11after relerred to as the ''Board'') wltiol1 sball l1ave a commo11 seal \V]J ich may be adopted, changed or varied at tl1e plea�11re of tl1e Boa.rd and witl1 furtl1er powers a11d a11t:l1orities, subject to tl1e following conditions and decl::1rations in t11is Pro clamartion contained. 2. "fhe term ''telecon1munica.tion'' as used l1erein inclucles tl1e transn1ission and reception of 1nessages, co11versatiGns a11d broadcast programs by electrical n1eans. * INTRODUCl'ORY FOOTNOTE Corr. 12/7 (1952) C.31 (Amharic only); amd. 19/ 10 (1960) P. 170, 26/ 11(1967) P. 246; imp/. a111d. Civ. C. 19 /Ex.2 (1960).
- 778 -
I
!
r
I·
I
POSTS, TELEGRAPI·IS AND TELEPJ-IONES
22-4
3._ Tl1e Boar? shall have the exclusive rigl1t to engage in tl1e construction, oper, �t1011 and . 1na1nte11a11ce of teleconnnunica!tion other tha11 111ilitary telecon1n1u nicat1on; provided, tl1a.t the Board ma.y in its discretio11 e11ter i11to arra11ge111e11ts vvit �1 otl1e � p�rsons, public or private, for the operation of specified teleconununi c,1t1on fac1l1-t1es. 4. The princi:pal off!i.ce and place of bt1siness of tl1e Board are to be at Addis Ababa, Etlliopia, but brancl1 offices 1nay be establisl1ed at o,ther places. 5. Tl1e ·pt1rposes of tl1e Board. are to reh,1bilitate, extend, repair a11d mai111tain th� teleco11�11t1?ioation facilities of Ethiopia and to engage in tl1e business of [elecon1mt1:111cat1on for profit a11d to act as agent for itl1e Lmperial Etl1iopian Go vemm�nt _ 111 all 111atters relating to the provision of teleco111munication services i11 Etl �1?p1a an�l elsewl1ere, and to establis1h appropriate training procedures and a Tra1n111g Institute for prese11t 01.1d £t1t1 t1re board perso1111el. 6. Tl1e Board is hereby i11 vested wi•tl1 a.utbority to execute ,111 the purposes and functions set fortl1 i11 Article Five of tl1is Proclamation. 7. Withot1t any restrictio11 of jts autl1ority as set forth in Article Six, the Board is authorized: (a) to act for a11d to ,participate witl1 o,tl1ers in any similar e11terprise and to co11solid:1te or merge with other similar concerns in any manner a11d on any terms and generally to exercise a11y and all rights and ft1nctions proper to the accomplishn1ent of tlh.e purposes set fortl1 in Article Five hereof; (b) to negotiate and enter into contracts with foreign governments or fo reigi1 o-perating companies for the establishment of international tele con1n1,unication circuits; (c) to represent the Imperial Ethiopian Government in all international matters relating to telecommunication (01ther tha11 mili1 tary telecom munication) including representation at all internatio11al conferences affecting telecommunications; (d) to assign and authorize the use of frequencies which have been allo cated for the use of t!he Ethiopian Empire; (e) to negotiate and enter into contracts with private firms or public · authorities, foreign or domestic, for the purpose of carrying out the provisions of this Proclamation; (f) to act as agent of the Imperial Ethiopian �ov�rnJ?en_t for the purpose _ of drawing fu.nds made available by lending 1nstrtut1ons for telecom munication development expenditures; (g) compulso;rily to acqiui_ire any privately owned lands for public use in accordance with the law; (h) at any time or from time to time, to require the �ansfer to it of �y officers, employees, s0truotu.res, land�, .plant, eqt11pment or su;pplies now assigned to or held by Our :Mirnstry of Posts, Telegraphs and Telephones; - 779 -
l
22-4
CONSOLIDATED LAWS OF ETI-IIOPIA
on of cti o1ntru ec ns tel co e th r fo in ma Do te Sta e th · n 1 s e us o d I t an any ) l. ( n1unication facilities; eration of t elecommunication facilitie s op e th e s en 1·c d 1 t e t an e 1 o a gu (j) th to msure · e order1 y use of freciue 11cies and. to protect such facilities � from abuse or deStructl·on·, to 1·ss,ue regulations •anpd ord ers f· or tihese ,purposes a.nd to ca.rry out the provisions of thi� . ro�Iamat101:1, pro_ t with the vided, tha, t sucli regulations and orders are no � mcons1sten provisions of international treaties an d conventions; (k) to procure and train persons for the operation and n1-aintenance of all telecomm11rucation facilities; and (l) to provide and operate such additio_nal fa�iti_e s or services as the Board may propose and the Imperial Ethiop1an Govern.ment may approve ; (1n) to borrow funds require d for the operation a1:d expansion of _its acti
vities; provided, how ever, tl1at the amot1.nt of 1.ndebtedness wbicl1 :nay be outstanding at any 011e time sl1all in no event e�ceed thr ee (3) !1mes tl1e amount of capital stock of the Board authonzed and subs�bed; and JJrovided, further, that in no event shall any indebtedness b e incur red by the Board without Our prior consent. CONSOLlDATION NOTE
A111rl. 19/ 10 (1960) P. 170 (adding Subarticle (m)); imp/. aind. Civ. C. 19/Ex.2 (1960) Arts. 1460-1488 (comprel1ensivel)1 legislating \\1ith regard to expropriation and thereby in1plie dly repealing provisions in Art. 7 (g) hereof dealing with fixing of co1npensation). See also liev. Const. 15/2 (1955) P. 149 Art. 44, J Con,sol. L. Erlz. 1.
8. All n1atters of policy, particularly tl1 ose affectiJ1 g the security of the En11)ire or involving tl1 e responsibility of the Government sl1all be determined a11d established by a Board of Directors consisting of not less than five and not more than seven to be appointed by Us and wl10 sl1all serve at Our Pleasure. Tl1 e President of tl1e Board of Directors s·hall be Our Minister, or i n tl1e absence of 01tr Miruster, Our Vice-Mruster for Posts, Telegrapl1 s and 1"'elephones. A Vice-President shall be designarted by Us fron1 an1ong the n1 e111bers of the Board of Directors. All corporate powers shall be exercised b j' tl1e Board of Directors. Tl1e Directors shall serve witl1 out remt1.neration. Tl1 e General 11a11ager of tl1e Board shall attend all meetings of tl1e Board of Directors and shall oarticipate in all discussions. 9. Regular meetings of -tl1e Board of Directors shall be l1eld at s11cl1 time and such place or JJlaces as the Preside11t ma)' fro111 time to tin1e detern1ine. l\ n1inimum of six regular meetings shall be l1 eld annually. Speci;.11 meetino-s ma\1 be c alled by O any two Men1bers of the Board of . Directors. \\1 ritte11 notice of s� cial nieetings of not less than tl1ree days sl1all be g1ven by tl1e Secrelar)' of the Bo3rd of Directors to eacl1 men1ber and to tl1 e General Manager ur1less sucl1 11otice is "·ai\red in \\'rit ing. A 1najority of tl1e �o�rd of Directors sl1all consLitt1te 3 qt1ortu11 . a11d decisions may be ta.ken by a •maJonty of the n1 embers prese11t and \1 oting. - 780 -
I
I
POSTS, TELEGRAPI-IS A:�D TELEI)l-lONES
22-4
10. Tl:e Board of Direotors shall 11e15otiate ,ind enter i11 to a contract or . �rson for tl1e pro\1isio11 of a Ge11eral contracts witl1 a.11 orgaitization, agency or p Ma.11ager for the Board of Telecon11111111icatia1s. Tl1e functions, dtities a11d a11tl1ority of t,he General Manager sl1all be as follows : (a) He sl1all _be �1e I-lead Executive for the Board, and sub , ject to the general d1rect1on of tl1 e Boa,rd of Directors s11all direct its 111anage1nent and 01Jerations. (b) In accorda11ce vvit11 general policies deter1nined by tl1e Board of Di rec �ors, 11 � sl1all e111 ploy and di�c}1arge all en1ployees and dispose of _ tl1e1r se1v1ces, and fix tl1e salari�s, wages a11d allowances of all offi cers and en1ployees. (c) He sl1a� make 111011tllly writter re1Jorts to the Board of Directors concen1 1�1� ft111ds dravvn for the 3oard fron1 le11ding institutions illnder ilie prov1s1011s of Article 7 (f) of thls Procla.mation. (d) He shall s11bn1it i n \Vriting quartely fina11cial and operati11g reports to the �card of Directors stating the tecl111ical and operating results accomplished a11d plans to be eicecuted during che following quarter. (e) He sl1all present plans of all major projects and all major expenditu res to the Board of Directors for its agreement. At the same time that tl1e General Manager calls for bids, he sl1all present tl1e specifications of t11 ose bids to the Board of Directors. (f) He m , ersons employed , a.y delegate 1his authority to s11cl1 person or p by the Board as he may deem appropria.te for the efficient manage ment of tl1e bt1siness of tl1e Board, provided, tl1at any person serving · as Deputy General Manager sl1all be approved by the Board of Directors. •
11. The fiscal year of the Board shall be from 1st January to 31st December. The Board of Directors shall s11bmit to Us annually on the first day of July a report on the operations of the Board, which report shall be p�epared under the supervision of tihe General Manager. Such :eport shall contain statements show ing the financ{al condition a11d results of operation of the Board· aiu<l.ited by such person or persons as tlhe Board of Directors shall select. The annual balance sheet and profit and loss account shall be p11blis·hed in the Negclrit Gazetci. 12. At any time or from time t? _time all or any of the functions, duties, authority and responsibility of 01rr Mm1� ter of Posts: Telegraphs a11d Telephones _ with respect to the constr·uction, operab.on and maintenance of telecommumca tion facilities shall be transferred to the Board. Any such transfer shall be effected by adoption by the Board of Directors of a resolution specifying the functio� s, duties, authority and responsibility to be so transferr�d, a?-d the date on w!11�h _ suoh traiisfer shall take 1 place. To 1he extent that section s1xty-f1ve of the MIIDs-
- 781 -
22-4
CONSOLIDA'fED LAWS OF ETHIOPIA
ter's (Definilio11 of Powers) Order, 1943, is or sha ll by virtue of a11y such tra.nsfer becon1e i11cousistent witl1 the provisiom of this Proclamation it sl1a ll be deemed to be n1odified. 13. Tl1e Boa rd will carr·y out its activities in accordance. with tl1e_ conven tions of tl1e I11ternational Teleco1nm1u1ication Unio11, all treaties affect111g co1n n1unica tion, and any loan aigreements to wl1ioh the En1pire of Etl1iopia is a sigi1a tory. The Board shall, on bebalI of the I111perial Ethiopia.n Government, pa), all contributions and fees required to be paid to the Inter11ational Telecommunication Union. 14. Wireless freque11cies registered by the Imperial Ethiopian Governn1ent witl1 tl1e Inter11ationa.l Telecomn1tinicat:on Union sl1all be a,t tl1e disposal of tl1e Board. 15. [I111pl. repl. Civ. C. 19 /Ex.2 (1]60) Arts. 1460-1488 (comprehensively le gislati11g with regard to expropriation c ,f in11novable property and thus impliedly repeali11g all provisio11s on tl1 e san1e subject). See also Rev. Const., 15 /2 (1955) P. 149 Art. 44, I Consol. L. Etli. J.] 16. The autl1orized caipital stock o: the Board shall be twenty mi llion Etl1io IJian dollars (Eth. $ 20,000,000) divid!d. ·into twenty tl1ousand (20,000) shares i . $ 1,000) eacl1. J1a vi11g a par vaJue of 011e tho11sand Etl:iopian dollars (Eth
A111cl.
CONSOLID.c\TION NOTE 19/10, 1960, P. 170 Art. 2, 26/11 (1967) P. 246 Art. 2.
I 17. (a) Capital stock of the par v a .lue of six and three-qt1a rter million. EtlJ.io pia� d?llars (Eth. $ 6,750,0)0) is l1ereby subscribed by tl1e In1perial Ethiopian Government, payment therefore to be 111ade u11der tl1e fol lowing conditions: (i) An amo �nt of one �lion Ethiopi a n. dollars (Eth. $ 1,000,000) repres�nt �ng pa�nent Ill ft1ll for one thousand (1,000) sl1ares sJ1all be pa id 11n1ned1ately in casl1. (ii) An a 1no �mt of one 1 �ilio11 Ethiopian dollars (Et·h. $ 1,000,000) repres�11tmg pay1nent 111 fuJI for one thosusa11d (1,000) s11ares shall be 1· ?a 1d 11ot later tl1an cne (1) J'ear fron1 tl1e date of t11 is Procla mation. (iii) An amo1 !11t of one n �iUion Etl1iopian dollars (Etl1. $ 1,000,000) repres�11t1ng pa.yment 111 ft1ll for one thousand (1,000) s11ares shall be pa1� 11ot later tl1an two (2) years from the date of tlle Pro clan1at1011. - 782 -
POSTS, TELEGRAPI-1S AND TELEPI-IONES
22-4
(iv) The bala11ce of the s11bscription of bhe stock shall be paid. as follows: Whenever �1ny amo11nt sh�ll be withdrawn, as provided in Arti . . cle 7 (f) oc . tl1e Proclamation, from tl1e loan accou11t opened by 1k t1onal Ba the Inter11a Reconstruction for the Development, and _ � _ _ eq,u1vale11t 111 Etl11op1a11 dollars of the amount so \Vitl1drawn sl1all be credited to !11� I111perial Etl1iopian Goverru11e11t as a payment cha11ges cl or subscr1pt1011. cl1ange of conseque11ce a as If, ?11 s 11 ! _ _ in otf1c1al rates of excl1a11ge, subsequent to tl1e date of this Procla mation, any an1ou11t i11 excess of or less than tl1e balance of suoh s11bscriptio11 shall be so credited, •tl1e authorjzed caoital stock of tl1e Board sl1all be acljtlsted by an a1nou11t eq11ivalent to SlICh dif ference a11d sl1all be subscribed by tl1e I1nperial Etl1iopian Go vern.111e11t accordi11gly. (b) Capital stock of the p,1r value of twelve millio11 two l1 undred ninety tl1ousand Ethiopian dollars (Eth. $ 12,290,000) is hereby subscribed by tl1e Imperial Etl1iopia11 Gover111nent, and payment tl1erefor shall be 1nade ,lt s11oh ti111e and i11 sucl1 ,1nanner as shall be agreed between tl1e Governn1e11t and t11e Board. CONSOLIDATION NOTE r1111cl. 19/10 (1960) P. 170 Art. 20 c.), 26/11 (1967) P. 246 Art. 2.
18. The sl1areholder shall not be liable for the debts of the Board except to the am.ou.nt of tl1e capital stock subscribed. 19. The Bo,1rd of Directors shall establish such reserves as they deem appro priate for the purpose of exppansion and debt service. After the deductio11 of suoh reserves, the Board of Directors n1ay declare a1.1d. pay dividends on S!hares out of the remaining profits. 20. In the event of the liquidation oI tl1e Board all plant and property handed over to the Board by the I111perial Ethiopian Government under the provisions of Art-icle 12 and acquired u.nder the provisions of Article 15 of this Proclama tion during tl1e period of its operation, shall be handed over to an agency designated by the Imerial Ethiopian Government without claim and in satisfactory operat ing condition. 21. The Board of Directors, following consultation with the Ge11eral Manager, sha]J make and issue all necessary regulations on matters of policy not jnconsis tent with this Proclamation for the purpose of carrying out its diuties or exer cising its authority under this Proclamation. 22. All operations of the Boa.rd, inc�uding the �mport of all or any supplies, equipment or materials used in conne�on t �er� w1th, s1hall be exempt fro1:1 all . taxes, duties and customs of the Imper1al Ethiopian Government or any pol1t1cal sub-division, Ministry or Department thereof. Done at Addis Ababa this 15th day of October, 1952. - 783 -
22-5
CONSOLIDATED LAWS OF
E1·moPIA
3 / 8 (:944) P. 5 5 *
A PROCLAl\1ATI01' TO PROVIDE FOR Tl-IE DECLARATIO� OF TELEPHONES CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELASSIE I ELECT OF GOD, EMPEROR OF ETI-llOPIA 1. This Procla,mation 1nay be ci;ed as the ''Declaration of Telepl1ones Pro clamation, 1944''. 2. In this Proclamation, ''Ministzy'' 111eans the Ministry of Posts, Telegraphs and Telephones, a11d ''Board'' means the Imprial Board of Telecommunications of Ethiopia. 3. Any perso11 having in llis possession or charge a telepbo11e in respect of wl1 ich no agreement for lure exists witl1 the Ministry or tl1e Board shall witl1in tllirty (30) days of tl1e publication of tlLis Proclamatio_n declare the same in writing to the Mimstry. 4. No person may possess a telephone or any n1aterial or apparatt1s, tlJe property of the Ministry or the Board witl1out the consent of tl1e Ministry or tl1 e Board as the case may be. CONSOLIDATION NOTE Tl1e An1l1aric version of this Article reads, "telepl1one and telephone n1aterials".
5. Any employee of the Ministry or tl1e Board a.t1tl1orized in that behalf may enter any premises in which he has good reason to believe there is an underclared telephone or any material or apparatu� the property of the Ministry or tl1e Board respectively and searcl1 for and remove such telepl1one, n1aterial · or apparatus. 6. Any person who obstructs an en1Jl0)1ee of the Ministry or tl1e Board in the exercise of bis powers under Article 5 of this Proclamation or wl1 0 contravenes tl1e provisions of tl1is Proclamation is gt1itly of an offence a11d sl1all be liable on con viction to ,pt1nisl1ment in accordance winhin the provisions of tJ1 e Penal Code. CONSOLIDATION NOTE A111d. 4/9 (1945) P. 76 Sched. C. Art. t _(�), 15 Consol. L. E1h. J; ;111pf. a,nd. Pen. C. 16/Ex. 1 (1?57) Arts. �51, 36�, 433, 740 �prcvtd1ng penalties for acts n1ade punishable by the present Article and this impliedly amending present provision thereof).
Done at Addis Ababa tl1is 29th Day of April, 1944. * INTRODUC"ORY FOOl�NOTE 1111d. 4/; (1945) P. �6; i1npl. a111cl. 12/5 (195�) P. 131, _Pen. c. 16/Ex. I (1957) P. 1 58. B� �-/5 (195_) P. 131, 2- Consol. � Eth. I, various functions formerly performed by the �el M1n1stry of _Po�ts, Telegraphs and I �pho_1es were transferred to the lnlperial Board of _ . _ Telecommun1cations ?f EU11op1a. Th e implied amet1dments \vhicb t11 ese tran effect in sfer s Pro clamation hav e not been noted i11dividually 11erein. tJ1e present - 784 -
I
I
POSTS, TELEGI�APf-1S AND TELEPHONES
22-6
9/11 (1950) ·P. 114 *
A PROCLAI\1ATION PROVIDING FOR THF: MAINTENANCE OF TELEPIIONE SERVICES CONQUERING LION OF THE TRIBE OF JUDAH rIAILE SELASSIE I . ELECT OF GOD, EMPEROR OF ETHIOPIA In accordance with Article 34 of 011r Constitutio11 We approve the resolu tions of Our Se11ate a11cl the· Cha111ber of Deputies and We accordingly proclajm as follows : CONSOLIDATION NOTE Tl1e Constitution referred to here is tl1e Constitution of 1931. This Constitution was repealed and replaced by the Revised Constitution of 1955, 15/2 (1955) P. 149, J Consol. L. Eth. l. ·The Article of the Revised Constitution parallel to tbe cited Article of the 1931 Constitution is Article 88.
l. This rocla.n1ation may be cited as the ''Maintenance of Telephone Ser vices Procl,1matio11, 1950'', and shall come into operation as from tl1e 28th of J tily, 1950. 2. In tllis Proclamation: ''telepl1one services'' shall mean telepl1one lines, poles, insulators, ma1 chinery and otl1er objects of whatever description owned by and in th • e services of the Ministry of Posts, Telegraphs a.nd Telephones or the Imperial Board of Telecom m1mications of Etlliopia (hereinafter referred to as the ''Board''); ''tree'' shall mean a11d include any slrrub, undergrowth, hedge or other pla11ts wl1etl1er of a like kind or not. 3. No person shall either connect, remove, discontinue, transfer or extend any works of the telephone services possessed by ilie Ministry of Posts, Tele graphs and Telepl1ones or the Board. 4. No -person shall inj-ure or obstruct, or divert, or alter, or tamper with any works of the telepl1one services owned by the Ministry of Posts, Telegraphs and Telephones or the Board. 5. Any person who, in the capital, town, provinces or rural districts, desir ing to erect, construct or demolish buildings or shades or demolish or build walls a11.d fences, djg ditches or lay down trees must, before undertaking any of the works, apply to the Board for a11thorization assuring him that the building or demolishing work will not cause dam . age to the telephone services. In case of any damage or accident due to failure to get such authorjzation such person shall be fully responsible for any such damage . .
* INTRODUCTORY FOOTNOTE Amd. 4/9 (1945) P. 76; imp/. amd. 1�/5 (1952)_ P. 131, Pen. C. 16/Ex. 1 (1957). B� !2/5 , formed by the M1n1stry1 (1952) P. 131, 22 Co11sol. L. Eth. 4, vanous functions formerly � of Posts, Telegraphs and Telephones were transferr� d to the Impenal Boa.rd of Telecommuot cation of Ethiopia. The implied arnen�ments wh1� h these transfers effect _1n the present _ herein. Proclamation have not been noted ind1V1dt1ally
- 785 •
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22-6
HIOPIA T E F O S W A L D E T A D LI O S N O C
Plaiitations in the vicinity of telephone services and otl1er installations thereat are prohibited. The erection of buildings and construction of walls. fences shales, etc., s1houJd never come closer thm two (2) meters to the telephone services. 6. Where in the opinion of the Board any trees are doing harm to the tele phone services, the Board shall, by notice to be delivered to the Woreda Court, require the o,wner to remove such trees. If the person so notjfied fails to comply, the Board shall have authority to have their own person.nel fell or lay down the trees. NOTE OF DECISION Imperial Boctrd of Telecommu,iications• right to fell trees which interefere with telep/zone service. The HigJ1 Court (Addis Ababa) held that no compensation is payable when the Ministry of Posts, Telegraphs and Telephrnes after having given notice to the owners through the Woreda Court exercises its righ:s to fell trees \Vbich interefere \Vith telephone service. The Ministry bas no right to carry a.way the felled trees. The felling of trees does not constitllte a deprivation of property \Vitl1011t due process of law contrary to Rev. Const. Art. 43. The due process of law in this case is the enactment of 9/11 (1950) P. 114, which does not provide for payment of compensaticn.
Lij, Araya Abebe v. In1perial Board of ·relecommunicatio11 (1-Iigh Ct., Addis Ababa, 1964), /. Eth. L., vol. 2, p. 303.
7. Whenever telephone services are being installed the Board shall have the rigl1t to erect sucl1 services 11pon any land or estate of whatever nature; and in the same way if the telephone lines are essentially to pass upon buildings the Boa.rd may install the services in such manner tl1at such installation sl1all in no way damage such buildings. 8. The maintenance and operatio11 personnel of the Boa.rd sl1all have the rigl1t of access to and the passage througl1 a place witl1out doing any damage to such place. 9. Any person wl10 hinders the wotlc of the Board or contravenes the provi sions of Article 5, 6 a11d 7 of this Procltn1ation shall be gt1ilty of an offence and sl1all on conviction be liable to punishment in accordance with tl1e provisions of the Penal Code. CONSOLIDATION N01"E An1d. 4/9 (1945) P. 76 Scl1ed. C. Art. 4 (a), 15 Consol. L. Et/1. J ,· 1mp · L . amc. i. p en. c. . 16/Ex. 1 (1957) Arts. 354, 364, 740, 758 (prcviding pen , s for tt1e off ·atu·e · ·ences d escr1·b ed ln · . the present Article and thus impliedly an1ead :ng the penal provision thereof.
Done at Addis Ababa this 28th day of July, 1950. - 7&6 -
I
23-1,2
Section 23
COMMERCE AND INDUSTRY A. Commercial Law (Generally) 19/8 (1960) P. 166*
THE COMMERCIAL CODE PROCLAMATION OF 1960 CONQUERING LION OF THE TRIBE O'F JUDAH HAILE SELASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS, the progress of Our Empire in the field of con1merce requires the codification of Our commercial laws; and WHEREAS, a Commercial Code has been prepared under Our supervision and has received the approval of Our Senate and Chamber of Deputies; NOW, THEREFORE, in accordance with Article 34 and 88 of Our Revised Co11stitution, We approve the resol11tions of Our Senate and Chamber of Deputies and We hereby proclaim as follows: I. This Proclamation may be cited as the ''Commercial Code Proclamation. I 960''. 2. The Commercial Code of 1960, as published in a separate volume appearing as ,Extraordinary Issue No. 3 of 1960 of the Negarit Gazeta, shall come into force on the 11th day of September, 1960. 3. The Bankruptcy Law and the Company Law of the 12th July, 1933. are hereby repealed as from the 11th day of September, 1960. Done at Addis Ababa tl1is 5th day of May, 1960. 21 / 3 (196J) P. 184**
A PROCLAMATION TO PROVIDE FOR REGISTRATION OF BUSINESS ENTERPRISES CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS, on October 31, 1957, the Business Enterprises Registration Decree was promulgated as Decree No. 27 of 1957; and WHEREAS said Decree was thereafter duly transmitted to Parliament for consideration pu�suant to �ticle 92 of Our Revised Constitution; and •INTRODUCTORY FOOTNOTE The Comn1 e,-c·ial Cocle, 19/Ex. 3 (1960), is not include in the Consolidated Laws. **INTRODUCTORY FOOTNOTE Orig. 17/4 (1957) D. 27, amd. and renum. 21/3 (1961) P. 184
- 787 -
23-2
DOPIA I T E F O S W A L D E T A ID J� O S CON
WHEREAS, Parliament has j 11trcducecl certain a1ne11dments ir1to said Decree a11d approved a. revised text of Ja.w; N·ow, THEREFORE, in accordance with Articles 34 and 88 of Our Revi_s_ed Constitutoin, We approve tJ1e resoluticns of Our Senate and Chamber of Deputies and We l1ereby proclaim as follows: ARTICLE I Short Ti:le: Definitions 1. This Proclamation n1ay be cited as tl1e ''B11siness E11terprises Registration Proclamation, 1961 ''. CONSOLIDATION NOTE Orig. 11 /4 (1957) D. 27, amd. 21 /3 (1961) P. 184 Art. 2.
2. In this Proclamatio11 unless t:1e co11text otherwise requires: ''Company'' sl1all include all part11erships, corporations, limited companies, and associations organized for profit. ''Domestic company'' shall n1ec11 any con1pany organized or existi11g under and by virtue of the law of Etl1iopia. ''Foreigi1 Co1npany'' shall n1ea1 a11y company orgarrized or existing under ancl by virtue of the law of a.ny state other tl1an Etl1iopia. ''Individual Enterpriser'' sl1all mean any person enga.ged in business for profit, wl1ose busi11ess is not i11cl11ded in the definition of ''Compa11y'' as defined above. "Autl1orized legal representative'' sl1all n1ean a partner, a manager, a 1nanag.ing director, a presiden� a vice-president, an attorney in fact of a company, an individual enterpriser and l1is attorney in fact. ARTICLE Il Domestic Companies may attain jt1ridical existence and perso1 1ality b _y ies 1 pa.1 1. . Doi_nestic com _ _ . reg 1sterrng 111 tl1e M1n1stry of Comn1erce a11d Ind11stry in tl1e manner as follows, the of of to-wit: The au �l1orize� legal 111embers all and com1)aD)' �ep:�sentative _ _ the co 1npany with 11nlun1ted liab1l 1ty (1f a11y) s]1all: (a) File in tl1e Ministry of Commerce and Industry, a sigi1ed copy of tl1e statutes of tl1e company ir A1nl1aric or EnglisI1. (b) file in the Min!stry of_ Commerce and Indt1stry, a staten1er1t 1 nade u11der penalty of perJury disclosing: (1) The nan1e of tl1e company; (2) The legal form of the :::ompany; (3) The address of the main office of the co mpany in Ethiopia;
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COMMERCE AND INDUSTRY
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(4) The name, nationality and domestic of the manager; (5) The principal business in wli:icl1 the con1pany will e11gage m Ethiopja; (6) Tl1e 11ames, nationality a t1d domicile of tl1e first directors; (7) The amount of aut11orized capital of tl1e co1npany; (8) The a1nount of paid up capital of the company; (9) T.he na1nes, nationality and iomicile and amount of capital supplied by n1en1bers (if any) with u11li1nited liability; (10) The date of signing of the 111emorandun1 of association or pre incorporatio11 agreement; (11) Dt1ration of tl1e com1)any; (12) Powers of the manager of tl1e company; (13) Metl1od of distribt1tion of profits; (14) Interest (if any) to be paid on the capital. (c) Pay a fee of Eth. $1 on each Eth. $1,000 or fraction thereof of the authorized capital of the company, but in no event less than Eth. $10.2. An amended statement must be filed in the same manner as tl1e original statement described above whenever a11 original or amended statement does not reflect the true status of tl1e company in Ethiopia. ARTICLE III Foreign Companies
1. No foreign company shall do bus:ness in Etl1iopia without first having been registered in tl1e Ministry of Con1m,erce and Industry in the manner as follows, to-wit: The authorized legal representative of the company shall: (a) File in the Ministry of Commerce and Industry a copy of the statutes of the company. Such stat11te) may be in the language in which originally written; (b) File in the Ministry of Commerce and Industry satisfactory proof of the registration and juridical e�istence of the company in the country of domicile. (c) File in the Ministry of Commerce and Industry a statement made under penalty of prejury, disclosing: (1) The name and domicile of the company; (2) The legal form of the company; (3) The address of the main office of the company in the country of domicjle; (4) The address of the main office of the company in Ethiopia;
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23-2
CONSOLIDATED LAWS OF ETHIOPIA
ge ill w ga en ny in pa m co e th ch hi w in s es sin (5) The principal bu Ethiopia; . . . . 1 d J 1a 1ze ut or op l11 Et 1n ny pa m co � e th of t en _ to (6) The name of the ag y accept service of process on be h�lf _of the company ,n an act1011 or proceeding against it in Etl11op1a; . (7) The amount of capital to be employed in the company's operation in Ethiopia; t ereof �f the o cti ra or 0 � ,00 $1 � h. Et � h eac on $1 h. (d) Pay a fee of Et _ t p1a bu h1o Et m . no m n tio era op 's ny pa rom e th in d ye capital emplo event less than Eth. $10.2. An amended statement must be filed in the same manner as tl1e original statement described above whenever an original or amended statement does not reflect the true status of the company in Ethiopia. ARTICLE IV Individual Enterprisers 1. No individual enterpriser shall do business i11 Etl1 iopia without first having registered in the Ministry of Commerce and Industry or in any of its branch offices establisl1ed in Teklay Ghizat, Awraja Ghizat, Woreda Ghizat or Mek.itl Woreda Ghizat in the manner as follows, to-wit: The individual enterpriser or his attorne)' in fact sl1all: (a) File in the Ministry of Corrmerce and. Industry a. staten1ent made under penalty of perjury disclosiug: (1) The name, nationality and domicile of tl1e enterpriser; (2) The denomination, if any other than his own nan1e, u11der wl1icl1 the enterpriser engage� in business in Ethiopia; (3) The address of the enterpriser's main office i11 Etl1iopia; (4) The principal bt1siness n which tl1e e11terpriser enga.ges in Etl1iopia; (5) The amount of capital employed in tl1e enterpriser's business. (b) Pay a fee of Eth. $1 on each Etl1. $1,000 or fraction tl1ereof of tl1e capital employed in the e1terpriser's business in Etl1iopia, but in no event less than Eth. $10.2. An amended statement n1ust be filed in tl1e same n1a1111er as the original statement described above wl1enever an original or an1ended statement does not reflect tl1e true status of tl1e individutl enterpriser in Etl1io1Jia. CONSOLIDATION NOTE Orig. 17/4 (1957) D. 27 Art. 2, a111cl. 21/3 (1961) P. 184 Art. 2, 23 Co,1 sol. L. Eth. 2.
ARTICLE V General any or individua:l erterpriser sl1all be e11titled to maintain any c n1 No 1. � � _ . �tct1 �n m Eth1op1a upon any contract �ad: ?Y it in EtJ1iopia unless before tl1e making of such contract st1cl1 company :Jr 1nd1v1dual enterrJriser sllall liave registered -790 -
COMMERCE AND !NDUSTR Y
23-2
in the Ministry of Co1nmerce and Industry as provided in this Pro�lamatio11. Tl1is prohibition sl1all likewise apply to any successor it1 title of such con1pany or individual enterpriser, to any person claiming under such successor, or under either of them. 2. If any company or individual enterpriser. (a) shall engage in business witl1out havjng registered in the Ministry of Commerce a11d Industry of the Imperial Etl1iopian Government, or (b) having registered shall engage in business not autliorized, is gt1ilty of an offence and shall be liable upo11 conviction at a competent court to a punisl1n1ent in accordance with tl1e provisions of the Penal Code of 1957. In addition the Court may order such co.mpany or individual enterpriser to stop such 11nautl1orized. b11siness. This action shall not prevent the Ministry of Co1nmerce and. Industry to authorize such company or individual enterpriser to engage in business later. 3. Proof of registration in the Ministry of Commerce and Industry of the Imperial Ethiopian Government or in any of its branch offices established in Teklay Gbizat, Awraja Ghizat, Woreda Ghizat or Mekitl Woreda Ghizat sl1all be a condition precedent to the licensing of any E.tbiopian or foreign company, or individual enterpriser to engage in business in any municipality in Etl1iopia. 4. The Ministry of Commerce and Industry of the Imperial Btl1iopian Government shall have power to make regulations and to prescribe forms for the administration of the provisions of this Proclamation. Such forms may reqt1ire disclosure of other facts concerning the b11siness of tl1e company or individt1al enterpriser seeking registration. 5. This Proclamation shall not affect or impair any act done, offe11ce com mitted or right, accrued or acquired, or liability, penalty, or forefeiture or punish ment incurred, prior to the time this Proclamation takes effect. 6. All previous provisions not consistent with tllis Proclamation are hereby repealed. 7. This Proclamation shall talce effect from and a.fter its publication in the Negarit Gazeta CONSOLIDATION NOTE Orig. 11/4 (1957) D. 27, an1d. 21/3 (1961) P. 184 Art. 2. CROSS REFERENCE Pen. C. 16/Ex. 1 (1957) Arts. 354, 428, 758.
Done at Addis Ababa this 20th day of October, 1961. CONSOLIDATION NOTE The date given here is the date of the publication of the Proclamation 184 in the Negaril Gazeta. D. 27 was published on the 31, October 1957.
- 791
23-3,4
PIA UO IT E F O S W A L D E T A ID L CONSO
ls o tr n o C rt o p Im d n a rt o p x E B. Certain 1/3 (1942) P . 15*
A PROCLAMATION TO RESTRICT AND REGULATE EXPORTS CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WE PROCLAIM AS FOLLOWS: 1. Thi s Proclan1a tion ma y be cited a s the ''Export Control Procla mation, 1942''. 2. (i) The Minister of Commerce and Industry may, if l1e thinks fit, from time to time by order published in the Negarit Gazeta prohibit, restrict or regulate the exporta tion fron1 Our Empire or from any area or pla ce therein, of any goods or cla s se s of goods. (ii) An order 11nder this Article 2 may specify any good s or classes of goods, either gener ally or in any p articular n1anner, and may prol1ibit, restrict or regulate the expo,rtation either to all place s or to any particular country or place. 3 . Any person who contravenes or attempts to contra vene the provisions of a.n order n1ade un . der this Proclamation shall be lia ble on conviction to punisl1n1ent in accordance witl1 the provisions of the Penal Code. In addition to a ny otl1er penalty a Court may order that a ny goods in regard to which a conviction is had shall be forfeited to the Imperial Govemn1e11t. CONSOLIDATION NOTE A111cl. 4/9 (1945) P. 76 Scl1ed. C. Art. 4 (a), 15 Consol. L. Et/1.. 1, Sclied. C. Art. 4 (a); . 1rnpl. arnd. Pen. C. 1 6/Ex. (1957) Arts. 364-65 (\vhich impose penalties for violation of pro visions related to the restriction and control of exports).
Done at Addis Ababa. thi s 19th day of J11ne, 1942. 21/4 (1961) L. 246
REGULATIONS ISSUED PURSUANT TO T'-RI( EXPORT CONTROL PROCLAMATION, 1942 1. These Re�ulations �re �ssued by tl1e Mi11.ister of Co1nmerce an J11dt1stry d pursuant to auth�r1ty vested 111 l11m by Article 2 of tl1e Exi)ort Cont Proclai oi1. ro na l ti 1942 (Proclama tion No. 15 of 1942), as amen.ded. 2. These Re�ulations n1ay be cited as the ''Civet (Exp ort) R eg ulatio11s, 1961 ". 3. Legal Notice No. 5� of 1944, Legal Notice N o. 101 of 1947. Legal Notice No. 113 of 1948, Lega l Notice No. 133 of 1949 a nd Legal ·N 0t··ice ·No. - l 3 :,'" o•f 191i9 are hereby repe aled. * INTRODUCTORY FO OTNOTE
A111cl. 4/9 (1945) P. 76. inipl. and Pen C � 16 /E . x. 1 (1957). See also 3/•t (1943) P. 4), · c· 25 Co,zsol. L. Eth. J, 25/7 (1966) p· 229 , 29 onso1. L. Eth. I.
- 792 -
. C011MERC.E
AND INDUSTRY
23-4
4. As used herein, the followi11g ter1ns shall have tl1e meaning ascribed below: (a) ''auth �ri �ed laboratory'' means an.y laboratory wl1ich is designated by tl1e !"f1n1ster of Commerce and Indt1stry as authorizecl to analyse civet destmed for export and to issue the certificate referred to herei11; (b) ''civet'' means tl1e fatty, t111ctuous st1bsta11ce, yellow to brown colour, .secreted by the civet cat (Viverra Civetta. L. Viverides); (c) ''civetone'' means the organic compound of tl1e cyclo-heptada.ceous group found in civet and for1ning its absolute effective component; (d) ''exporter'' n1eans any person wl10 is registered in the Ministry of Commerce ancl Indt1stry under tl1e provisions of Proclamatio11 No. 184 of 1961 (A Proclama.tio11 to Provide for the Registratio11 of Business Enterprises) wl10 bas been granted a licence by said Ministry to engage in foreign commerce. CROSS REFERENCE Business Enterprises Registration Proclamation, 21/3 (1961) P. J 84.
5. No civet may be exported from the Empire of Ethiopia u11less: (a) it has been ana.lysed, packed and sealed ir1 tl1e n1anner prescribed herein; (b) the civetone control of said civet is found by analysis to be at least forty percent (40%); and (c) a certificate i n the forn1 an11exed hereto as Schedule B is a.011exed to tl1e Customs Declaration sub1nitted by the exporter thereof. 6. Tl1e Customes Administration of the Ministry of Finance shall not p · ass any civet for export 11nless the provisions of Article 5 hereof sl1all have been co1nplied with. 7. (a) Any exporter who desires to export any civet from the Empire of Ethiopian shall submit tl1e entire lot _thereto to an authorized laboratory for analysis. Said laboratory shall subject representative samples of said civet to the tests provided in Schedule A annex eel hereto and sha 11 classify said civet according to its civetone content. (b) Civet containing over fifty percent (50%) of civetone s·hall be classified as first class. Civet containing bet�een forty percent (40%) and fifty percent (50%) of civetone shall be classified as secon.d class. Civet containing less than forty percent (40%) of civetone shall be rejected and returned to the exporter. (c) Civet passed for e;{port by the authorized l�boratory shall be packed in sp ,ecial contai11ers and placed in nylon bags at said laboratory, which bags shall be marked for identification. Said bags shall then be sealed by said laboratory and deposited by it in a bonded warehouse against receipts. (d) The authorized laboratory perfor111ing tl1e analysis sh.all issue a certificate in quintuplicate for each lot of civet passed by it. The laboratory shall retain one (1) copy thereof and s.hall deliver the original and three (3) copies to the exporter. The exporter sl1all retain one ( l ) copy for bi>S records, and shall transmit the original to the imp>0rfier - 793 -
IA P IO H T E F O S W A L D E T A ID L SO CON
--------· --------------
23-4
ts. _The remaining en m cu do ng pi ip sh r he ot th wi er th ge to er _ or his bank 1st s 1n m to dm n us A tio C ra e th to ted witl1 en es pr be l al sh ) ies two (2 co·p . er rt po ex 1e tl by ted it bm su n tio ra la ec s D m theCusto
: to t e ed fe no ce ex a. ge ar ch ay m ry to ra bo la d ize or ) th ch 8. (a Ea au (i) Eth. $30.00 for each lot of civet up to 20 kgs; s t les bu s., than 30 kgs: kg 20 er ov et civ of lot ch ea for 0 0.0 $4 h. (ii) Et (iii) Eth. $45.00 for each lot of civet over 30 kgs., analysed by it.
(b) The containers and bags referred to in Article 7 hereof shall be provided by the laboratory and paid for by the exporter . 9. Each exporter or his duly authorized representative shall have tl1e rigl1t to be present while any lot of civet submitted by 11im to an authorized laboratory is being examined. 10. These Regulations sl1all come into force on tl1e date of tl1eir publication in tl1e Negarit Gazeta. SCHEDULE
A Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lot No............ . Submitted by
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •• • • • • • •• • • • • •
•
•
• • •
• • •• • •
1. General appearance ........................................... . . .. . . . . . . .... . . . 2. Microscopic analysis .... ..................................................... 3. Analysis before freezing the sample: a. Saponification No. .................... . . . . . . ... .. . . . . . . . . . . . . . . . . . . . . . . . b. Acidity No. ................• • • • • • • • • • • • • • • • • . . ... ... . . . . . . . . . . . . . . . . . . . . . .
c. Ester No.
••••••••••••••
d. Acetone No.
•••••• •••
•
• ••• •• ••• • ••• • ••• • • • • • •
•••••••••••••••••••••••••• ••••• ••••••••
4. Analysis after freezing the sample: a. Saponification No. .........• • • • • •
•
••• •••
•
b. Acidity No. . ............ • • • • • • • • • • • • • • • • • • •
• •
•
•
• •
••
•
•
•
•• ••• •••• •
,
.. . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . .. . . ... . ... . ...... . ...
.. . . .. .. .... . . . c. Ester No. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • · · · · · · · · · · · · · · · · · · · · · · · · · · •• • • d. Acetone No. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • · · · · · · · · · · · · · · · · · · · · · · · · 5. Content of civetone • • • • • • • • • • • • • • • • • • • • • • • • • •
6. Classification
••••••••••••••• ••
•••
•
•
•
•••• • • • •••• • • • •
•• ••••••••••••••• ••
•
•
•••• •••• •
•
•
•
••• •• • • • •••• • • •• ••• ••
- 794 -
• • • • • • •• • • • • • •• • •• ••
•
•••
23-4,5
CoM�IERCE AND INDUSTRY
S CH E DUL E B Certificate of Fitness for Export I, · · · · · · · · · · · · · · · · · · · · · · · · · . . . . . . . . . . . . . . . . . • • • • • •' • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • o·f (name) (title) · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · • • • • ........................, do hereby certify that the lot of c�v �t describe� belo 'Y h �s been a11alysed and classified by me or u11der my su1Jer v1s1on, that said lot 1s fi t for export, ancl that said lot is classified as follow: Civetone content: Classification
•
•
•• •• • ••• •••••
• • • • • •• • • • • •
••••
•
•••••• • ••••••
•••
•
••• ••• •• ••• ••• • •• •
• • • • • • • • • • • • • • • • • • • • • • • •• • • •
•••
• • • •• • •• • •
Description of lot: (weight, number of bag, ide11tifying marks, etc.) • ••• •
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . date name Done at Addis Aha.ha this 9th day of November, 1961.
••
••
•••
•••••
•• •• •••••
••
•••••
••
•
••
•
2/ 1 (1942) P. 24*
A PROCLAMATION GOVERNING 1'HE SALE AND IMPORTATION OF CERTAIN DRUGS CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELASSIE I . ELECT OF GOD, EMPEROR OF ETHIOPIA WE PROCLAIM AS FOLLOWS: 1. This Proclamation may be cited as the ''Dangerous Drugs Proclamation, 1942''. 2. No person shall import opium, coca, canabis indica or datura, or any of their alkaloids or derivatives, or heroin, without a permit issued by the Minister of Commerce and Industry on the advice of the Director of Medical Services. 3. None of the drugs mentioned in Article 2 hereof shall be offered for sale except in a phar1nacy or drugstore which is licensed according to the law. 4. No person shall sell any of the drugs mentioned in Article 2 hereof unless they have been prescribed by a medical practitioner who is registered and licensed according to the law.
5.
Any person who contravenes the provisions of this Proclamation is gujlty of an offence and shall be liable on convict ion to punishment in accordance with the provisions of the Penal Code. • INTRODUCTORY FOOTNOTE Ext. to Eritrea, 12/2 (1952) P. 128; amd. 4/9 (1945) P. 76; imp[. an1d. : Pen. C. 16/Bx. (1957).
- 795 -
23-5,6
CoNSOLTDATED LAWS OF ETHIOPIA
CONSOLJDATION NOTE .. 1, ?ched. C. Art. 4 (a); Eth L. l. riso Co 15 , (a) 4 t. Ar A111d. 4/9 (1945) P. 76 Scl1ed. C. icl1 impose pen�lties for (wh 7 0, 51 -5, 364 � , �54 s Art � 7) (195 i1npl. arncl. Pen. C. 16/Ex. 1 _ : t1on a11d con ti ol of imports tr1c res e violation of provisions related to tl1 of drugs).
811 cl
unautl1 or1zed sale
Done at Addis Ababa this 13th day of September, 1942-
C. Price Control 24/19 (1965) P. 228*
UNFAIR TRADE PRACTICES PROCLAMATION . CONQUERING LION OF THE TRIBE OF JUDA H HAILE SELASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS, on Septen1ber 2, 1963, The Unfair Trade practices Decree was promulgated as Decree No. 50 of 1963; and WHEREAS, said Decree was thereafter duly transn1itted to Parliament for consideration p11rsuant to Article 92 -of Our Revised Constitution; and WI-IEREAS, Parliament has introduced certain amendments into said Decree and approved a revised text of law; NOW, THEREFORE, in accordance with Articles 34, and 88 of Our Revised Constitution, We approve the resolutio11s of Our Senate and Cbau1ber of Deputies and We hereby proclaim as follows: 1. This . Proclamation may be cited as tl1e ''Unfair Trade Practices Proclan1a tion 1965''. 2. The following laws are hereby repealed: (a) The Imported Goods Price Control Proclan1ation No. 38 of 1943, as amended by Proclamation No. 46 of 1944 and all Legal Notices, Orders and Regulatio11s made tl1ereunder; (b) Tl1e Locally Produced Goods Price Control Proclan1ation No. 53 of 1944 and all Legal Notices and Orders made tl1ereunder; (c) The Locally Rendered Services Price Control Proclan1ation No. 132 of 1952. CONSOLlDATION NOTE Orig. 22/22 (1963) D. 50; a,nd. 24/ 19 (1965) P. 228 Art. 2. * INTRODUC1�0RY FOOTNO TE Orig. 22/22 (1963) D. 50; amd. and re11i11n. 24/ 19 (1965) p 22
cc " d "Deer"" 8 T h I • . 11s l 1e \Vor • ,, 1e and ted tl w I ord "Proe1 amanon \Vas substi' ttited was d e e all tl1e way t1roug I h.
- 796 -
COMMERCE AND INDUSTRY
23-6
3. In tl1is Proclamation, unless the context otherwise requires: (a) ''Minister'' shall mea11 the Minister of Commerce and I11dustry; (b) �'dealer'' shall mean any 1Jatural or jurid.ical person wlJo is engaged 1n any commercial activity tinder Article 5 of the Com111ercial Code or in rendering any services; (c) ''importer'' sl1all n1ea11 any dealer who brings or causes to be brought any goods into Our Empire; (d) ''wholesaler'' shall mean any dealer who sells or otl1erwise disposes of a11y goods to any retailer; (e) ''retailer'' shall n1ean any dealer who sells or otherwise disposes of any goods to any consumer; (f) ''goods'' shall mean any 1naterials, commodities or articles whetl1er imported or locally produced; (g) ''services'' shall mean any activity for wl1ich con1pensation otl1er t11a11 wages or salaries is paid for; (h) ''unfair trade practices'' shall mean the act of any one person or of several persons by way o·f actual or tacit agreement, arrangement or informal understanding having or designed to have tl1e direct or indirect effect of restraining or injuring trade or the free competitio11 thereon; or any monopolistic, profiteering or discriminatory activities which operate or are likely to operate against the interest of the public whether consumers, producers, dealers or others; (i) ''short supply'' shall mean a supply of goods wl1icb does not correspo11d to the normal demand for such goods and might lead to unfair trade practices; (j) ''declared article'' shall mean any goods or services declared to be so by the Minister. 4. (a) The Minister upon sat· isfaction that any goods or classes of goods or services are in short supply or are made tl1e subject of unfair trade practices, may: (i) declare by written order such goods or classes of goods or classes of "' goods or services as declared articles to be subject to price control, and (ii) issue orders in writing fixing the maximum prices at which such declared articles shall be sold by manufacturers, importers, whole salers, or retailers or notify the formula whereby the prices of such declared articles shall be computed. (b) Where any goods have been made a declared article, the Minister. or any person authorized by him in writing may order all dealers holding stock of such declared article to render to him a full return of all such
- 797 -
23-6
CONSOLIDATED LAWS OF ETHIOPIA
s re su ar ea m or in g nd m pe te te ria op pr ap r ibe cr es pr ay l? m d s an ld ck he sto · g ch in of su os sp di of stocks er nn ma • the d an turn receipt of suo1.i.1 re after the receipt of suc.h returns. (ii) of· this Article (a) h ap gr ra pa in to ed t:rr ref ula rm fo d pnces an · c ( \1 Th e • . · I 1a f ec o sp a o e e tte v1c m1 a e th on up r ste ini � M e � th by ed � fix be all 4 sh · · by r rs Ou ste 1n1 ed M mt po of ap are as s 1.. mem vu . h c· . f su o smg pn com of Commerce and Industry and of Finance. 1 e special co1n1ni'ttee tl d ai;. r ste · ini M the la mu , for d an . s ·ce ·d In f·ixing · sa1 pr1 . . . . rs• cto ng fa wi llo fo shall take into consideration, ir,ter alza, the (i) cost of production; (ii) cost of transportation; (iii) turn-over; (iv) losses of perishable goods; (v) losses through obsoles::ence; (vi) the skill, intellectt1al activity and time required to accomplisl1 the service; and (vii) fair profit to tl1e selle1 or to the perso.n who renders the service. (d) Where any dealer fails to co:nply with any order issued under paragraph (a) (ii) of this Article 4 or i:aragraph (b) of Article 5 or hoards of fails to dispose of his stocks cf declared articles in tl1e normal way of business and in accordance with the order issued u.nder tl1is Proclama tion, the Minister may order the seizure of sucl1 stocks and make sucl1 arrangements for the disposal of sucl1 stocks and n1ay, in additio11, order the suspension of any trading licence of such dealer until a court verdict is rendered 011 the subject matter. (e) Where the stocks of the decl1red articles have bee11 disposed of pursuant to the provisions of paragraph (d) of tl1is Article 4 tl1 e Minister shall order that payment be made to tl1 e dealer of the proceeds realized 011 their sale less any expenses incurred i11 connection witl1 tl1eir seizure and sale. 5. (a) No dealer shall: (i) buy u �, l1oard, divert from 11orn1al trade charn1els or i11 a.ny other way withhold any goocs from norn1al use or consumptio11; (ii) engage in or becon1e ?arty to an unfair trade practice; (iii) -sell any declared artic:e a t a price exceeding tl1 at fixed by or i11 a manner ordered by the Minister. (b) Where_ a_ny dealer has sold any declared article above the fixed price, the Minister or any person authorized by hlI11 iii writii1g may order su�h seller to repay to the purchaser the amount J)aid in excess of sucl1 pnces. -798 -
COMMERCE AND INDUSTRY
23-6
(c) No whoIesaler resale any declared article for or retailer purchase shall _ at a price e �ceeding th _at fixed by tl1e Minister. where lie purcl1ases any s.uc � article above tl1e fixed price, he sl1all be prest1med to have bought 1t at the 11ormal price . (d) No dealer sh�ll_ sell or transact any declared article of pL1rity or quality below the m1n1mum standard laid down by the Minister. 6. (a) Every dealer wl10 is no-t a retailer as such s11,:111: (i) keep a register of purchases and sales i11 respect of all goods acquired or held by him and make accurate dajly entries therein; (ii) deliver an invoice in respect of all goods sold by 11.im and sihall receive one in respect of all goods ,purchased by him, and preserve all such invoices; (iii) display prominently tl1e sale prices of all goods. (b) Tl1e Minister may by regulations subject certain classes of, or all retailers, to all or some of the provisions of paragraph (a) of this Article 6. 7. When the maximu.m selling price of a.ny goods or services cannot be ascertained, the Minister or any official authorized by him, may by a written order and ta.king into consideration, inter alia, the factors stated in paragraph (c) of Article 4, fix the maximum price at which such goods may be sold or rervices rendered. 8. The Minister, in issuing written orders under Article 4 hereof, shall isst1e all or a- ny order through the Official Gazette, or through circulars directly com municated to the persons concerned. Such orders shall come into force and shall remain in force from the period and for a period of time specified in the Officia] Gazette or in the circulars. 9. (a) Any official authorized by the Minister may at all reasonable times enter into premises where goods are sold or services rendered tc ins-pect whether or not the provisions of this Proclamation are be·ing complied with, and (b) Every person in charge of such premises shall, when called upon to do so, produce all domcuments, papers, letters, records, invoices an.d registers for inspection by the authorized official and shall render to him every assistance. 10. The Minister may issue regulations: (a) regarding the establishment of the offices necessary for the proper administration of this Proclamation in general; (b) prescribing purity and quality standards for declared articles; and (c) generally for the better carrying into effect of the purpose of this Proclamation. - 799 -
23-6,7
IA P IO H T E F O S W A L D E T A D I CONSOL
at m 1 l:: :3 oc o1 Pr is or of a11y th of } s on isi ov p� e tl1 s 11. Wl1osoever contrave11e . ion ict nv on co be liabl e all, sh er nd eu er th ed ib cr es pr es tic no ns rs tio or de or ula reg · · · ate . ' . · Code of l 957 f the Pe11al · O s on 1s1 ov pr pn pro ap to pun1sl1ment under the as an1ended. CROSS F.EFERENCE Pen. C. 16/Ex. I (1957) Arts. 354, 716, 745.
11 io in e at ic th bl pu Ne,garit its 1 o1 up e rc fo o int e 111 co l al sh n 12. This Proclamatio Gazeta. Done at Addis Ababa this 3rd day of September, 1965. CONSOLIDATION NOTE The date givet1 lt ere is the date of t11e publication of tl1e P1: oclnn1ation in tl1e 1Vegarii Gazeta. The original Decree ,,,as publisl1ed on tl1e 2 Se1Jte111ber 196.J.
24/3 (1964) L. 298*
REGULATIONS ISSUED PURSUANT TO THE UNFAIR TRADE PRACTICES DECREE OF 1963 1. These Regulatio11s are issued by the Minister of Commerce and Industry pursuant to Authority vested in hjn1 by Article 4 of tl1e Unfair Trade �ractices _ Decree 1963 (Decree No. 50 of 1963), upon reco1nmendat1011 of t]1e special com n1ittee created pursuant to Article 4 ol said Decree. CONSOLIDATION NOTE The Unfair 'frade Practices Decree 22/22 (1960) D. 50 \Vas an1endecl and renumbered a.nd prom11lgated as U11fair Trace Practices Proclamation, 24/ 19 (1965) P.228 wi�out effect on the present Legal Notice.
2. These Regulations may be cited as tl1e ''Petroleum Products Declaration and Price Control Regulations, 1964''. 3. The Imported Goods (petrole1m prod·ucts) Price Control Order, 1960 (Legal Notice 234 of 1960) is upon the approval of tl1e Co11ncil of Miitisters, ]1ereby repealed. 4. The Petroleum products enumerated in tl1e attacl1ed scl1edule are hereby desi�ated to co �stitute Decl�red Articles and no sucl1 Co1ru11odity shall be sold at pnces exceedmg the maximum rettil prices fixed i11 tl1e said scl1edule. Said prices were established after having fixed tl1e pun1J) holders Co111mission at a minim11m of Eth. $0.02 per litre. 5. The maxin1 �� retail price o� sJper Benzine (Octa11e Nun1ber ltigl1er than _ enumerated m the attacl1ed scliedule s11aI1 be Etl1. $0.0 4 9 ?) m all the localit1es_ _ l11gher than the price fixed for Regula1 Benzine in ea.ell loca.lit)'. 6. Whe?ever new pump stations are established at loc,t hose lit ie s ot th l1e an r t enumerated m the scl1edule tl1e owner of sucI1 !)Ump stat · c ·10n s I 1a.11 I 1ave the reta , il . price approved b y tlie M"truster of Comn1erce an d Indu _ stry J)rior to con1mencement of operations. . �'INTRODUC10llY FOOTN OTE A11'zcl. 28/7A (1969) L. 358A; sitspericled 28/14 (1969) L . 366. .
-800 -
'
23-7
COMMERCE AND INDUSTRY
7. Tl1ese Reg11lations s11all co111e into force 11po11 their p11blication in tl1e Negarit Gazeta. Location
Regular
Lighing
Gas and
l. Ex-Massa\va
Gasoline
Kerosene
Diesel Oil
1. Massawa
37
33.5
33.5
2. Ghinda
37
33.5
33-5
3. Asmara
38
34.5
34.5
4. Keren
39.5
36.0
36.0
5. Agordat
39.5
36.0
36.0
6. Barentu
41.5
37.5
37.5
7. Tesseenei
41.5
37.5
37.5
8. Adi Ugri
39.5
36.0
36.0
9. Adi Quala
39.5
36.0
36.0
10. Adua
39.5
36.0
36.0
11. Axu.m
39.5
36.0
36.0
12. Saganeiti
39.5
36.0
36.0
13. Endasellassie
40.0
36.5
36.5
14. Adi Alaay
41.5
37.5
37.5
15. Gondar
42.5
39.0
39.0
16. Bahr Dar
45.0
41-5
41.5
17. Decamere
39.5 m
36.0
36.0
18. Adi Caieh
39.5
36.0
36.0
19. Senafe
39.5
36.0
36.0
20. Adigrat
39.5
36.0
36.0
21. Quiha
41,5
37.5
37.5
22. Makale
41.5
37.5
37.5
23. Maichew
41.5
37.5
37.S
24. Quorem
41.5
37.5
37.5
801 -
THIOPIA E F O S W A L D E T A ID L O S CON
23-7 Location II. Ex-Assab
1. Assab " Dessie 3. Tendaho 4. Batie 5. Combolcha 6. Karakore 7. Debre Berhan ,I;,â&#x20AC;˘
Location Ex-Dire Dawa
1. 2. 3. 4. 5.
Dire Dawa Harar J'ijjga C11elenco Badenno 6. Asbe Tefferi 7. Miesso Location Ex-Addis Ababa
Regular GasoLne
37 41.5 39.S 40.D 40.0 41.5 42.) Regul1r Gasoline
40 42 42 44 44 44 44 Regular Gasoline
Lighting Kerosene
33.5 37.5 36.0 36.5 36.5 37.5 38.5 Lighting Kerosene
36.5 38.5 38.5 40.5 40.5 40-5 40.5 Lighting Kerosene
Gas and Diesel Oi l
33.5 37.5 36.0 36.5 36.5 37.5 38.5 Gas and Diesel Oil
36-5 38.5 38.5 40.5 40.5 40.5 40.5 Gas and Diesel Oil
1. Addis Ababa
42
38.5
38.5
2. Akaki
42
38.5
38.5
3. Debre Zeit
42
38.5
4. Mojjo
38.5
42
38.5
5 Nazareth
38.5
42
38.5
6, Shasl1amene 7. Yirgalem
38.5
44
40.5
44
40.5
8. Wollamo Soddo
40.5
46
40.5
9. Wonda
42.5
45 46 46 46 42 42
42.5
41.5 42.5 42.5 42.5 38.5 38.5
41.5 42.5 42.5 42.5 38.5 38.5
10. 11. 12. 13. 14.
Dilla Adola Neghelli Addis Alem Ambo
-802 -
COMMERCE 15. l 6. 17. 18. 19. 20. 21. 22. 23. 24. 25.
23-7,8
AND INDUSTRY
Bako Nekemte Gimbi Dembi Dolo Wollisso Wolkite
45 41.5 45 41.5 46 42.5 46 42.5 42 38.5 42 38.5 Jirnrna 45 41.5 Agaro 46 42.5 Mattu 46 42.5 Fitche 42 38.5 Debre Markos 45 41.5 Done at Addis Ababa this 25th day of November, 1964.
41.5 41.5 42.5 42.5 38.5 38.5 41.5 42-.5 42.5 38.5 41.5
D. ·Scrap Iron 28 /7 (1969) L. 355*
REGULATIONS ISSUED PURSUANT TO 'I'HE UNFAIR TRADE PRACTICES PROCLA1\1IATION OF 1965 1. These Regulations are issued by the Minister of Commerce & Industry pursuant to authority vested in him by Article 4 (a) of the Unfair Trade Practice Proclamation (Proclamation No. 228 of 1965.) 2. The Regulations may be cited as "Price Control (Imported Goods) Regulations No. 1 of 1969." 3. The goods listed in coJumn 1 of the schedule attached to these Regulatjons shall be ''declared articles'' and subject to price control. 4. These maximum retail selling price at the point of entry into Ethiopia of the ''declared articles'' listed in column 1 of the scl1edule attached to these Regulations shall not exceed the ba,sic costs defined in 5 below plus the maximum percentage of gross profit margin on the basic costs, indicated again.st each item in colu.mri 2 of this same schedule. 5. For the purpose of these Regulations basic costs of the ''declared a.rticles'' shall mean the CIF price at the point of entry into Ethiopia plus customs duty and taxes paid in respect of the ''declared articles'' at the time of importation. 6. To maximum retail selling price so deter1nined for the ''declared articles'' at the point of entry into Ethiop · ia there shall be added the cost of transport, to be confirmed by the Minister, for the distribution of these goods in different parts of the Empire. 7. Within one month of the date of issue of these Regulations in the Negarit Gazeta importers of the ''declared articles'' listed in �olumn 1 � f . the Schedule attached to these Regulations shall calculate a. n d subm1t to the M1n1stry of Com merce & Industry a price list showing, separately for each ite·m, the maximum * INTRODUCTORY FOOTNOTE Amd. 28/7A (1969) L. 358; suspended 28/ 14 (1969) L. 366.
- 803 -
23-8
CONSOLIDATED LAWS OF ETHIOPIA
retail selling price at the point of entry jnto Etlli�pia of all the ''decla�ed article '' � im1JOrted by them determined iJ1 acccrda11ce with the formula provided for m Article 4 of these Regulations. 8. The price list referred to l1erein above in Article 7 sl1all be accompanied. by manufacturer's invoice, payrnent r�ceipts for customs duty � d t� es paid at the tin1e of importation, tl1e maximum percentage of gross profit ma�� to _be cl1anged on basjc costs and the anticirated tra.nsport charges for the d1str1but1on of these goods in different parts of the Empire. 9. The maxin1um retail selling price of tl1e ''declared articles'' to be charged by retilers, in all parts of the Empire, shall not exceed the �rice list calculated by the importer in accordance witl1 Article 4 of these Regulations plus transport charges to be proposed by the importer and confirn1ed by the Minister. ' 10. Retailers in all parts of the Empi.fe, selling ''declared article'' listed in column 1 of the Schedule attached to t1ese Regulations shall prominently display the maximum retail selliI1g prices of the said ''declared articles'' by affixing the IJrice to eacl1 article, where practicabl�, and displaying a price list of all such goods at a conspicious place jn their premises where it is clearly visible to persons purchasi11g such goods. 1 1. Tl1e maximum percentage of g1oss profit margin permitted over the basic costs shall be divided equitably between t11e importer and tl1e retailer. Any dispute arising out of tl1e sl1aring of tl1e gross profit margin between the jmporter and the retailer shall be referred for tl1e d,�cision of tl1e Minister of Commerce and Industry. Tl1e Minister after l1aving received the advice of the special committee appointed in accordance wit11 Article 4 (c) of the Proclamation No. 228 of 1965 shall decide on the dispute. 12. Cl1anges in any of tl1e basic costs res,ulting in an increase or decrease ?f tl1e . maximu1n retail �elling price Et tl1e point of entry into Etlliopia s11 all 1mn1ed1ately be con1mun1catecl to the Ministry of Commerce and Industf)' by importers of the ''declared ,1rticles." 13. These Regulations sl1,all. not ent�r into force until furtl1er notice. CONSOLID.'\.TION NOTE A111d. 28/7A (1969 ) L. 358A Art. 3 (ddaying effective date until 8 April 1969), 28/ 14 ( 1969) L. 366 (suspe11d1ng the present Legal Notice "until furtl1er notice").
!
I
! I
II
f
I
SCHEDULE ATTACHED TO LEGAL NOTICE No. 355 of 1969 IMPORTED GOODS PRICE CONTROL REGULATIONS No. 1 (1) "Declared Articles"
1. Motor Vehicles all kinds 2. Tractors and Catterpillars 3. Tyres and tubes
(2) l\1aximu� Percentage of Gross Profit Margin Pernlitted on Basic Costs
13% 20% . 16.50%
Done at Addis Ababa this 7tl1 day of February, 1969. - :�04 -
I
COMMERCE AND INDUSTRY
23-8,9
28 /7 (1969) L. 356*
REGULATIONS ISSUED PURSUANT TO THE UNFAIR TRADE PRACTICES PROCLAlVIATION OF 1965 1. These Reg �atio11s a �e i �sued by tl1e Minister of Commerce & Industry 111 h1m by A rticle 4 (a) of tl1e Unfair T rade Practices pursuant to_ autho rity vested _ Procla mation (Proclan1at 1011 No. 228 of 1965.) 2. !hes, e R·egt1la tions 111a.y be cited as ''Price Control (Imported Good s) Regulations No.• 2 of 1969." 3. The good s listed i n colunu1 1 of the scl1edL1le a ttached to these Regulations s11a]l be ''declared a rticles'' an. d s11bject to price control. 4. T �e m a �u1n re tail selling price in all parts of tl1e Empire of the ''declared . articles ,, listed m colu mn 1 of the schedule attached to these Regulations shall not excee� the b �sic co sts defined in 5 below pl us the maximum percenta ge of gross p rofit margin on the basic costs, indicated against each item in column 2 of this same schedule. 5. Fo r the purpose of these Regulations basic costs of the ''declared articles'' shall mean the CIF price at t he point of entry into Ethiopia plus customs duty and taxes paid in r espeot of the ''declar ed articles'' at the time of importation. 6. Within one montl1 of the date of i sst1e of the se Regulations in the Nega.rit Gazeta importers of the ''declared articles'' listed in column 1 of the Schedule attached to these Regula tions shall ca�culate and st1bmit to the Ministry of Commerce & Industry a price list showing, separately for each item, the maximu m retail selling price in all parts of the Empire of all tl1e ''decla red artiol� imfijrt� by them dete r1nj_ned in a ccordance with the formula provided forJlfll Artic1e.�d of in :ifnn(trt"t' these Regulations. 11:J!) ,'
i.
,_,r,,,·1
7. The p rice list refe r red to herein above in Article 6 shall be a ccompanied by manufaot u rer's invoice, payment receipts for customs duty and taxes paid at the time of importation and the maximum percentage of gross profit margin chaliged on basic cost s. 8. The maximum retail selling price of the ''decla:ired.taiiitles'' to be charged by retailers in all parts of the Empire shall not exceed the price list calculated by the importer in accordance with Article 4 0�1 th�se i:Rregul�tj:0tis. ':,-:-Ytl l . 1 ;. 1 rt r11 t�:.,:, , 1J 11 t1 rI , :,i A o ! ! n J� , ·,, ( 9. Retailers in all parts of the Empi�� s�JJ.ing{ , )'i'i<r�l�r,e�t{ ��J�R, i }isfi� in column 1 of the Schedule attacl1ed to �es� Regulations sh�ll promine· ntly display the maximum retail selling prices o�tl}¢ �aidffftleda�ee. )1�£t'i'��es1· '� affixiqg the price to each article, where practicab�e, a.id l-1y1: ru�plaj,'i ngr1�& � tice"-J 11st -�fu.. m)_ goods at a conspicious pla ce in their pr�mi�rs iW: \:\�r� Jf;f� ! Rle� 1}¥.,,� '.�fpl;Jf P.tt!sons pur chasing such goods. : f �J·•� 11 c,,_, --�---- _ .. . .._.______ _____ 1
l
(tjt4t>fE· - • INTRODUCF0R¥ '-po ' 6 11/ 1,0£A) T, J ?2� � 0 ,Li,'..7'&,8,:1'4 Amd. 28/1A (1969) L. 358A; suspenaed ,)iq .1/J':'
- 805-
' I, f'l( >->, \. ,u,
I C:, (.'' ·,.; ' ,- ' r. (
1--.'1r
IA P IO H T E F O S W A L D E CONSOLIDAT
23-9.,10
itt er r1n ov pe n gi e ar th m t fi ro basic � s os gr of ge ta en � rc IO. The maximum pe r. e ile th ta d re ny dispute an A r rte po e th n ee tw be y bl ta � _ between tl1e _ costs shall be divided equi rte po n im g1 ar r and n1 1t of pr s os gr e th of arising out of the sharing er of Comme rce and ist in M e th of 11 sio ci de e th r fo ed rr tl1e retailer shall be refe e special committee tl1 of ce vi ad e th ed iv ce re 11g vi ]1a r te Industry. The Minister af n o. io N 8 at 22 m la oc of 1965 Pr e th of ) (c 4 cle rti A th wi ce appointed in accordan shall decide on tl1e dispute. 11. Chan.ges in any of the basic costs resulting in an increase or d·ecrease of the maximu.m retail selling price at the point of entry into Ethiopia s?all immediately be communicated to the Ministry of Commerce and Industry by lillporters of the ''declared articles''. 12. These Regulations shall not enter into force until further notice. CONSOLIDATION NOTE A111d. 28/7A (1969) L. 358A Art. 3 (delaying effective date until 8 April 1969), 28/14 (1969) L. 366 (suspending the JJrese11t Legal Notice "u11til fttrther notice").
SCHEDULE ATTACHED TO LEGAL NOTICE No. 356 of 1969 IMPORTED GOODS PRICE CONTROL REGULATIONS No. 2 (1)
(2) Maxin1un1 Percentage of Gross Profit Margin Permitted on "Basic Costs"
"Declared Articles" •
I
I ti
1
I.,,.
�. $p�, re parts of Vehicles of all kinds i.
'
2. Ph'atm'.aceutical Products
I-
l.'
••
.J
'
/ " • .'
1 .. •1
I
•J.•
lL
.
.
., j,jfi�
.t,•...,;..)•! JI. 1 .:
40%
February, 1969. of day 7th tl1is Ababa Done at Addis ·
•
.
25%
l'
-·
···~ ., �:
28/7 (1969) L. 357*
J
1r1 r,
1
,,
REG?LA!IONS ISSUED PURSUANT TO TI-IE UNFAIR TRADE .•. i·, •• ! 'P�CTICES PROCLAMATION OF 1965 'I
,.J
·,
.:. •
.-
I
,
:·
..
•
\
f; •
..
' ,I
'
1. These Regulations , are; issued by tl1 · · ter of. Con1n1erce & Industry · e MlllIS pursuant to autl1ority vested 1.n · h"tm by A rt1. cle 4 (a) of tl1e Unfau . Trade prac t·ices Procla�ation:_ (P �ocl_amation :�o:· 228 of 1965)_ _ ;' I f , . ' I. J ·' ' ' ./ .. (Locally Ma11ufactured t •:;, 2. ;,l)lesY: �Yg':}latioAs · n1�y -�e cjted as ''P rice Coi1trol qpqds) ..�egt J�a.tign� �o,. _I, ,of ,,1969_;' . · ... , 3 .. The: ·following'/ articl�s. s1-iall be - ''declare d articles'' and subject to price control: I
* INTRODU�tORY FOOTNOTE . Amd. 28/?A (1969) L. 358A; suspended 28/ 14 (1969) L. 366.
- 806 -
I l
CO�IMJIRCE AND INDUSTRY
23-10
(a) Ga�va nized_ co·rrugated and pl,ai n iron sheets. Tl1e maximum retail selling price of corrugated and plain iron sheets of the size 3' x 2m, a nd corn1gation 10/3'' and size 1 m x 2m and corrt1gation 11/3'' gaug � 11t11nber, zi.t1c coati11g, number of sl1eets per ton, and of tl1e _ . weights spec1f1ed in colu1nns 1 , 2, 3, and 4 of Schedule one (A) and (B) at�acl1ed to tl1ese Reg11latons sl1all not exceed tl1e prices stated against _ _ each item 1n the fiftl1 colt1mn of this same Sched11le in all parts of the Empire. (b) Gunn,y bags made from co11rse fibres or mixtures tl1ereof. The maxim11m retail selling price of gunny bags of tl1e types, capacity and weights specified in co1ttmns, 1, 2 and 3 of Scl1edule Two att ached to these Regulations shall not exceed tl1e prices stated against eacl1 item in the fourth colun1n of this same Scl1ed 11le in all parts of tl1e Empire. 4. The maximum price detern1ined in 3 above incl11des all costs ir 1cide11tal r to the production of galvanized, corugated a nd plain iron sheets and gunny bags, payment of taxes and gross profits to the producer, wbolest1ler ttnd ret ailer of the above goods. Any dispute arising out of the sh aring of tl1e gross profit margin among the producer, wholesaler and retailer shall be referred to the Minister of Commerce and Industry. The Minister after having received the advice of tl1e special committee appointed in accordance with Article 4 (c) of the Proclamation No. 228 of 1965 shall decide on the dispute. 5. Producers of galvanized corrugated and pla in iron sheets and gt1nny bags made from course fibres or mixt1rres tl1ereof selling other types and qualities of products of specification not covered in Scl1edules One and Two of these Regulations shall not offer them for sale to consumers without getting the 1n a xjmum prices thereof f�ed by the Minister. 6. These Reg11latons sl1all not enter into force u11til further notice. CONSOLIDATION NOTE Amd. 2B/7A (1969) L. 358A Art. 3 (delaying effective date t111tiI 8 April 1969), 28/14 (1969) L. 366 (suspending the present Legal Notice "t1ntil further 11otice").
SCHEDULES ATTACHED TO LEGAL NOTICE NO. 357 OF 1969 PRICE CONTROL LOCALLY MANUFACTURED GOODS REGULATIONS NO. 1 OF 1969 SCHEDULE ONE (A) .MAXIMUM RETAIL SELLING PRICES OF GALVANIZED CORRUGATED OR PLANE SHEETS PER SHEET SIZE 3' x 2 M CORRUGATION: 10/3'' 1 Gauge No.
USG 38
37
36
2 Zinc Coating
0.6 0.6 0.6
3
No. of Sheets
Per ton
408 385 365
- 807 -
4 Weight per Sheet in kg.
2.450 2.600 2.740
5 Maximll:m Retail Price per Sheet in Eth. $
1.85 1.95 2.05
23-10
PIA IO H T E F O S W A L D E T CONSOLIDA
-
3.010
2.25
35
0.6
332
34
0.6
303
3.300
2.50
33
0.6
279
3.580
2.60
32
0.6
258
3.870
2.90
30
0.6
221
4.730
3.55
0.7
209
4.790
3.60
0.8
207
4.840
3.65
1.00
202
4.960
3.70
0.7
169
5.920
4.45
5.980
4.50
''
0.8
167
1.00
164
6.090
4.60
''
1.25
L60
6.230
4.70
26
0.8
141
7.110
5.30
139
7.220
5.40
''
1.00 1.25
L35
7.360
5.55
24
105
9.510
7.15
''
1.00 1.250
l04
9.640
7.20
BWG 32
0.600
289
4.460
2.60
'' ,, ''
28 ''
,,
I
SCHEDULE ONE (B) MAXIMUM RETAfL SELLING PRICES OF "' GALVAN'IZED CORRUGA1 ED OR PLANE SHEETS PER SHEET SIZE 1 Mx2 M CORRUGATION: 11 /3'' ?
1 Gauge No.
Zinc Coating Oz. Per Sg. Ft.
,.,.)
No. of Sheets ?er ton
4
Weight per Sl1eet in kg.
)
Maxim11m Retail Price per Sheet in Eth. $
USG 38
0.6
�.73
37
0.6
2.680
2.00
352
36
0.6
2.840
2.15
333
35
0.6
3.000
304
2.25
3.290
2.50
- 308 -
I
I
COMMERCE AND INDUSTRY
23-10
33
0.6
255
BWG 32
2.920
2.95
0.6
265
3.780
USG 32
2.85
0.6
236
4.240
31
3.20
0.6
220
4.550
3.40
30
0.6
193
5.180
3.90
29
0.7
171
5.850
4.40
28
0.8
153
6.540
4.90
26
1.25
124
8.060
6.05
24
1.25
94
10.600
7.95
SCHEDULE TWO MAXIMUM RETAIL SELLING PRICES OF GUNNY BAGS FROM COURSE FIBRES AND MIXTURES THEREOF 1
2
Type
Content of a bag in kgs.
3
Weight per bag in kgs.
4
Maximtlill Retail Price in Eth. $
For sugar, cereals, flour
100
1.100
1.60
For sugar, cereals, flour
50
700
1.05
For oil seeds of all kinds
100
1.100
1.60
For oil seeds of all kinds
80
800
1.20
100
750
1.10
80
650
1.00
For coffee
80
900
1.35
For coffee
60
720
1.10
For salt
50
520
0.80
Standard
80
880
1.30
For oil cakes, maccaroni, and similar products For oil cakes, maccaroni, and similar products
NB. The weight of a bag may vary by 10% without changing the price. Done at Addis Ababa this 7th day of February, 1969. •
- so, -
•
23-11,12
TfllOPIA E F O S W A L D E T A ID L CONSO
28/7 (1969) L. 3.58* IR A F N E U 'H O l T T N A U S R U P REGULATIONS ISSUED 65 19 F O N IO T A M A L C O R P S E IC TRADE P R A C T 1. These Regulations are issued by the . Mh1ister of Comn� erce and Industry pursuant to authority vested in him by Article 4 of the Uiifair Trade Practices Proclamation, 1965 (Proclamation No. 228 of 1965). 2. These Regulations may be c :ted as ''Price Control (locally ma11ufactured goods) Regulations No. 2 of 1969''. 3. Crystalized sugar produced ir the Empire of � thiopia shall ? e a "declared article'' under Article 4 (a) of the Unfair Trade Practtces Proclamation, 1965, and shall be subject to price control. 4. The maximum retail selling p:ice of 100 Kg. of crystalized sugar, including the container, shall not exceed Eth. �65 (SL'{ty-five Etlliopian dollars) i11 all parts of the Empire. 5. The maxim11m price determined in 4 above incltides all costs incidental to the production or sugar, payment of taxes a11d gross 'profits to the produ c er, wholesaler and retailer of sugar. Any disp11te arisi11g ot1t of sl1aring of the gross profit margin among the producer, wholesaler and retailer shall be referred to tl1e Minister of Commerce and Industry. The Minister after 11avi11g received the advice of the special committee appointed in accordance with Article 4 (c) of the Proclama tion No. 228 of 1965 shall decide on the dispt1te. 6. Tl1ese Regulations shall not enter into force until furtl1er 11otice. Done at Addis Ababa this 7tl1 cay of Februar)', 1969. 28/ 14 (1969) L. 366
REGULATIONS ISSUED PURSUANT TO THE Ul\1FAIR TRADE PRACTICES PROCLAMATION, 1965 �· Tl1ese regulations are issued by tl1e Minister of Commerce, I11dustry and Tot1r1sm pursuant to authority vested in him b)' Article 4 (a) of the Unfair Trade Practices Proclamation, 1965 (No. 22& of 1965). Regulations may be cited as ''The Price Control Susi·)ension RegulaThe se 2. . tions, 1969''. . 3. Legal N �tices No. 355, 356, 357 and 358, as amended. are l1ereby suspended until further notice. CROSS REFERENCE 28/7 (1969) L. 355; 28/7 (1969) L. 3:,6; 28/7 (1969) L. 357; 28/? (l969) L. 358.
· These Regulations sl,all enter into force on tl1e date of tl1eir public ation 4 .m .h· e egar,t. G azeta. t N Done at Addis Ababa this 8tt1 day of April, 1969_ *
1N1�RODUC1�0RY 1:.-00TNO ' fE . 1\111cl. 28/7A (1969) L. 358A A ·t 3 (d . 4 1 Y _effe g t1,, elate ttntil 8 (1969 .1\1Jri ), l 28/ � � � (1969) L. 366 (suspending the pres��t Leg f �ot ice until ft1rtl1er notice").
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I
COMMERCE AND INDUSTRY
23-13
D. Scrap Iron 13 / 4 (1953) G. 168* Tl1e followjng Charter is published for Ge11eral Information:
CHARTER OF SCRAP IRON BOARD . CONQU'ERING LION OF THE TRIBE OF JUDAH HAILE SELASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS, it is Our desire to establish a Scrap Iron Board for the purpose of collecting, purchasing, selli11g and exporting all scrap iron and non-ferrous metal available in Our Empire; and '
WHEREAS, it has seemed fitting to Us that the said Board sho11ld be in corporated by Our Imperial Charter; NOW, THEREFORE, We of Our special grace, certain k:nowledge and ·mere motion, do by this Our Imperial Charter for Us and 011rselves and Our Imperial Successors grant and ordain that the Scrap Iron Board shall be one body politic and corporate in name and deed and shall have perpetual s11ccession with a com mon seal which may be by the directors of the said Board changed or varied at their pleasure and with the further powers and authorities but s11bject to the con ditions and declarations in tl1is Our Imperial Charter contained; and WE do hereby accordingly grant, ordain, appoint and declare as follows: l. The name of the Board, hereby incorporated shall be tl1e_ Serap Iron Board, and is hereafter referred to as ''tl1e Board''. 2. The functions .of the Board s.hall be as follows: (a) collection of scrap iron as defined in Article 8 below, found in the Empire; (b) the purchase, sale of scrap iron in ?tbiopia a�d the export of such scrap iron which is of no more use m the Empire; (c) the smelting and processing of all metals from scrap iron; (d) decide questions of policy; (e) enter into contracts with private firll:1s or private authorit�es, foreign or domestic, for the purpose of carry1ng out any of the obJects of the Board; (f) to receive, hold, deposit with a Banlc and expend such moneys as shall be available to the Board; * INTRODUCTORY FOOTNOTE Amel. 19 / 11 (1960) G. 268; imp/. amd. 25 /23 (1966) 0.46.
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CONSOLIDATED LAWS OF ETHIOPIA
(g) employ or dismiss a secretary; (h) to negotiate and enter into contracts in �ny manner an� on any te rms ns tio pro �e� to nc fu ;1d a1 s ht rig all d an y n a. ise and generally to exerc e th t ou provisions mg rry ca of se rpo pu the t d the accomplishmen an of this Charter.
I
l
3. The functions of the Board shall be managed by a committee comprising of seven persons chosen in the following manner: (a) fiv e members shall be appointed by Our Minister of Mines and two by the Board; (b) for the accomplishments of the obje.cts ll!enti�ned in tl1e p_resent Article, Our Minister of Mines sl1all afford fmane1al, secretarial and other assistance as may be required. CONSOLIDATION . NOTE A1nd. 19 / 11 (1960) G. 268 Art. 2; inipl. amd. 25 /23 (1960) 0. 46 Art. 2 (21), 3 Consol. L.
Et/1. 1-2 (21), (rena111iJ1g the for1ner Ministry of Mines a11d State Domain, as Ministry of Mines).
4. The Chairma11 and three official 1nembers of the Board. or in the absence of the Chairman, four official members of the Board, shall constitute a quorum. 5. All decisions of the Board sl1all be by majority vote; in case of a tie, the vote of the Chairman shall be decisive. 6. Meetings of the Board shall be conve11ed by tl1e Chairman or by written conID1unication signed by two of the members thereof. 7. The Board shall have full power and a11thority to enter into all necessary contracts and arrangements, and to take all necessary steps to accomplish the purposes set forth in A.rticle 2 above, and for the fu.rtherance of the above ends. However, Our Minister of Mines shall l1ave the authority to prohibit any enter tained action or activity contrary to the policies of tl1e Imperial Government. I I
CONSOLIDATION NOTE Anicl. 19/11 (1960) G. 268 Art. 2, i1npl. a1ncl. 25/23 (1966) 0. 46 Art. 2 (21), 3 Consol. L. Etli. 1-2 (21), (renami11g tJ1e forn1er Ministry of l\1Iines and State Don,ai i1, as Ministry of Mines).
8. In this Charter, scrap iron means: (i) scrap iron, (ii) U1111sable spare parts, n1otors and. other machine parts; (iii) non-ferrous metal, left behind by the Italian army or Italian authorities, or �b�ndoned and fou11d on property belonging to the Imperial E �l1 �op�an Government, or w�ch, any department of the Imperial Ethiopian Government n1ay wish to dispose of as scrap. - 812 -
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23-13
9 . All scrap iron abandoned by the Italian a11ny or Italian autl1orities in . . Etl11op1a as well as all sc1·ap iron fotmd abandoned on any of the property belong i �g to t �e Imperial Ethiopia.n Government or any scrap iron that may� from tune t? time, be abandoned by tl1e Imperial EthiOJ?ian Army, Navy, Air Force or Pol1ce �r any otl1er Govern111e11t Dep,1rtment, shall automatically beco·me under the aut�orrty of tl1e Board herein co11stituted and shall not be dealt with by any person m any n1anner wJ1a tsoever witl1out prior written authorization from the . . Board to that effect.
.·
10. From the date of tl1is Cl1arter, no administration in Our Empire shall. collect, purchase, sell or eXJ)Ort scra1) iro11, as clefi.J1ed in Article 8 above, without autl1orization from the Board to tl1at effect. 11. Irrespective of anything contained in tl1is Charter, tl1e provisions thereof sl1all not apply to any firm in Eritrea, wl1icb may have the right to salvage and export scrap iron and which right was retained by such firtn by International Agreement confirmed by Our Government. 12. Otrr M.i.nister of Mines may issue s·uch by-laws and regulations not .inconsistent with this Charter to regulate: (a) the internal administration of tl1e Board and subcommittees thereof; (b) the collection, sale and purchase of scrap; (c) any matters coming within the Board's competence; (d) the export of scrap iron or non-ferrous metals not required for use within Our Empire. CONSOLIDATION NOTE A11'zcl. 19/11 (1960) G. 268 A1·t. 2; imp!. a,ncl. 25/23 (1966) 0. 46 Art. 2 (21), 3 Consol. L. Etlz. 1-2 (21), (renaming the forn1er Ministry of Mines and State Domain, as Ministry of Mines).
13. The Principal Office of the Board shall be in Addis Ababa, but branch offices may be established at otl1er places. Meetings of the Board shall be held at Our Ministry of Mines. CONSOLIDATION NOTE
. Amd. 19 / 11 (1960) G. 268 Art. 2; if1!,P_l. amd. 25 /_23 (1966) 0. 46 Art. � (21), 3 �o.nsol L. Et/1• 1-2 (21), (renaming the forn1er Ministry of Mines an.d State Domain., as M101.st.ry of Mines).
14. The Board shall �ubmit to Our Minister of Mines a�o.ually on the 1st day of February a report on the operations of t�e Board, conta.101ng statemen�� as to the financial conditions, results and operations of the Board, duly audited by such person or persons as the Board shall select.
CONSOLIDATION NOTE ol. ), f· t. !15 ) J 46 (21 . 66 Ar (lo 0 (19 / 23 25 � d. am , :P_l i1 2; t. Ar 8 26 . G ) . 1 60 (19 1 /1 19 d. 1-lm in, as M1rustry ef te ma d Sta Do es an n. Mt of y str 1n1 M r me for the ng mi Etli . 1-2 (21), (rena tvlines).
Done at Addis Ababa this 31st day of October, 1953. 813 -
•
lOPIA I-l T E F O S W A L D E T A CONSOLID
23-14
s r te h ig L t e k c o P d n a s, e h tc a E. Toba.cco, M 2/2S (1942) P. 30*
A PROCLAMATION TO ESTABLISH A STATE MONOPOLY IN RESPECT OF TOBACCO, MATCHES AND POCKET LIGHTERS CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WE PROCLAIM AS FOLLOWS:1. This Proclamation may be cited as the ''Tobacco Regie Pro�la�ation, 1942'', and shall come into operation fifteen (15) days after the publication of this Proclamation in the Negarit Gazetc,. 2. In this Proclamation:- ''tobac:o'' means the various plants classified as ''nicotjnia'', tl1e leaves of which are irepared for smoking, chewing and snuffing and includes all by-products of tobacro:''match'' means any stick or wax taper tipped with a composition that bursts into flame when rubbed on a rough or specially prepared surface; ''monopolized articles'' includes tobacco, matcl1es, pocket lighters and parts thereof, paper for the manufacture of cigarettes and phials for containing petrol to fill pocket lighters and flints for pocket lighters; ··person'' includes any con1p·any or as,ociation or body of persons, corporate or incorporate; ''pocket ligl1ter'' means an apparatus s_pecially designed to produce fire for lighting cigarettes, cigars and pipes and adapte.f for carriage in a pocket; ''prescribed'' means prescribed by rules made under t.I1is Proclamation. 3. There is hereby established a State Monopoly (l1ereinafter referred to as "the Regie'') in respect of the following matters:..
(a) the purchase, prepar�tion, manufacture, sale, import and export of t �bacco, _wh�ther m its natural form or in tl1e sl1ape of cigarettes or cigars, cigarillos, snuff or chewing and all derivaties of the manu factu.re of tobacco; (b) t �e manufacture, possession and trade i11 IJaper for- tlie preparation of cigarettes; (c) the ma.n11facture, possession and trade of 1nacl1i11ery and detached pices of machinery for machines serving in tl1e 111a1111facture of tabacco; * INTRODUCTORY FOOTNOTE 4/9 (1945) P. 76, 17/3 (1957) �- 24 as app. 19/4 (1960) N.A. 2, 19/1 (1959) D. 37 as amd. and renuni. 21/3 (1961) P. 182; in1[1. amd. Pen. c. 16/Ex. 1 (!957). A111d.
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COMMERCE AND INDUSTRY
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--
(d) the manufacture, possession and trade of matches, pocket lighters, detache� parts. of pocket lighters, petrol phials serving for the 11se of pocket l1ghters a11d flints for pocket lighters. -· 4. (i) ·Tl1ere is hereby established a 1 obacco Monopoly Board -(l1ereinafter · referred to as ''tl1e Board'') which shall consist of three (3) members to be appointed by Our MiI1ister of Finance; .
.
(ii) Our Minister of Finance appoit1t one (1) of the three (3) members to be tl1e Chairman of the Board;
·
·
·
(iii) The Chairman and one (1) member of the Boa.rd s·hall constitute a quoru1n at any 1neeting of the Board; (iv) Ali acts, matters and things aL1tl1orized and required to be done by the Board shall be decided by resolution of any meeting at which a quorum is present; and the Cl1airman shall, in addition to his deliberative vote as a 1nember of tl1e Board, have a casting vote. 5. The Board may, at such salary and 11pon such conditions as it may deter n1rne, appoint a manager and st1cl1 other staff as may be necessary for conducting the business of the Regie. 6. The Board may give to any person who assists in exposing persons who contravene the provisions of tl1is Proclamation a reward not exceeding twenty perecent (20 % ) of the value of any article seized. •
7. The salary and allowances of the staff of the Regie and all other expend iture incurred by the Regie shall be paid out of its funds. 8. All deeds, instruments, contracts, cheques and other documents shall be deemed to be duly executed by or on behalf of the Board if signed by tl1e Chairman and one other member of tl1e Board. 9. Subject to the provisions of this Proclamation and to the general directions of the Ministry of Finance the objects and business of the Board shall be: (a) to ma.nage the Regie; (b) to make all arrangements which it may deem necessary to promote the marketing of tobacco grown within Our Empire; (c)· to issue licences for the importation, exportation, sale, . prepa.ration and manufacture of monopolized articles unless the power . to issue said licences shall be delegated to other authorities designated on th.e recom mendation of the Board by Our Minister of Finance by regulation; · (d) to organize the sale of all monopolized a.rticles and to pay discount to agents of the Board.
(e) [Repd. 19 / 1 (1959) D. 37 Art. 2.] CONSOLIDATION NOIB Amd. 19/1 (1959) D. 37 Art 2, as amd. and reni1ni. 21/3 (1961) P. 182.
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10. The Ministry of Finar1ce may, subject to sL1cl1 conditjons as tl1e Minister
of Finance shall impose:(i)
advance to the Board a sum not exceeding fifty tl1ousand Ethiop ian dollars (Eth. $5 0, 000);
(ii) permit a reserve fund to be created by the Board not exceeding one hundred thousand Ethiopian dollars (Etl1. $1 00, 000).
A111d.
CONSOLlDATION NOTE 4/9 (1945) P. 76 Sched. C. Art. � (a), 15 Consol. L.
£1/1.
1 Scl1edi1le C. Art. 4 (a).
11. Within fifteen (15) days of the co111i11g into force of tl1is Proclamation
every person who possesses a.ny mooopolized article s]1all declare sa.me to the Board and sl1all pay the prescribed tax; provided, that no declaration shall be necessary in the case of a person who possesses not more tl1an: •
cigarettes cigars tobacco matcl1es
100 25 1/2 kilogram 200
12. The following taxes shall be payable on the monopolized items enumerated below:(I) On i111JJOrted tobacco lea.f, cigarettes, cigars, pipe tobacco, snuff and other tobacco products, per net weight kilogram Eth. $ 10.00 (II) On matches: Per box containing not more than fifty (5 0) ordinary wooden matches Per box containing more than fifty (50) but not more than one l1undred (100) ordinary woode11 matches Per box containing more than one hundred (100) ordinary wooden matches Per box or . paper or ca�dboard folder containing not more than fifty (50) wax taper n1atches Per b �x or paper or cardboard folder containing n1ore than frfty (50) wax taper 1natcl1es Per b?x or paper or cardboard folder containing n1 ore than fifty (50) but 11ot mo�e tl1a11 one l1u11dred (100) wax taper matcl1es Per box or paper or cardboard folder co11tainir1 g 1nore t11an one hundred (100) "ax taper 1na.tcl1es (III) On cigarette paper: Per eacl1 ten (1 0) sl1eets of cigarette paper imported by pe �sons other than tl1e Tobacco Monopoly Board for use 1n its factory (IV) On pocket ligl1ters Per lighter
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.02 .04 .06 . 03 .03 .06 .09
.01 1. 00
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COMMERCE AND INDUSTRY
23-14
CONSOLlDATJON NOTE Amd. 19/ I (1959) D. 37 Art. 2, as a111d . and re11u11i. 21/ 3 (196 I) P. I82.
13. The tax prescribed · in Article 12 Jiereo:f sJ 1a11 not · be 1ev1a b e ciga on l rs . not · . _ cee din · g f'f. ex 1 ty (50) u1 nt11n.ber cigarettes not ex ceeding ·one l1t1ndred (100) in nt1n1ber and tobacco 11ot exceeding two ht1ndred fif ty (250) gra·ms, if carried for personal use by a passenger entering Etl1iopia. CONSOLJDATION NOl-E A 11·1 cl. 17/3 (1957) D. 2"� Art. 2, as aJJIJ, l9/4 (1960) N.,�. 2; 19/1 (1959). D. 37 Art. 2 (cl) , n s c1111cl. a 11 cl re11 LI 111. 2 I / 3 ( .I 9 6 I ) p. 1 s2 .
14. No perso11 shall: (a) import. export, prepare or 111a11ufacture, or sell any 1nonopolized ·article
except tinder licence issued by the Board or by such other at1th6rities as n1ay be designated by Ot1r Minister of Finance by regulation, or
(b) possess, bt1y or sell any 1nonopolized. artjcle with respect to wl1ich tl1e · prescribed tax has 11ot been paid unless he be a perso11 with respect to wllicl1 a11 exen1ption from pa.yment of s,1id tax l1as been granted by Our Mi11ister of Fit1ance. CONSOLIDATION NOTE Am.d. 19/ I (1959) D. 37 A.rt. 2, as arncl. a11d rer1ur11. 21/3 (1961) P. 182.
14A. (a) Mo11opo.lized articles whicl1 are exported from Ethiopia, or which a.re imported for the purpose of re-ex1Jorta tion by tl1e Board or by any perso11 acting under licence issued pLtrsuant to Article 9 (c) ]1ereof, shall · be free of all taxes, duties and charges jmposed or collected , at tl1e time of or in con11ection witl1 tl1e exportation of such articles. (b) If any t:1x, duty or cl1arge referred to in sL1b-paragraph (a) above shall al:rea.dy J1ave been paid with res1Ject to any. mo11opolized article, the amount tl1ereof shall be refunded, upon ex.portation, to the Board or to the person or persons ,1/ho paid tl1e same. Said refund sL1aJJ be made within thirty (30) days of presentation to the at1thorities desigt1ated by Our Minister of fin,1nce· by regulatio11 of tl1e relevant customs documents and bill of ·lading. CONSOLIDATION NOTE
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Acldecl 19/1 (1959) D. 37 Art. 2, as a111d. and ren.u111. 21/3 (1961) P. 182.
Our Mi1lister of Finance by 15. Any officer o:f tl1e autbor� ties de�ignate� by _ _ l1e bas good reason to believe regulation may seize a11y monopolized article �h1c.h _ will be the subject of a conviction under this Proclamat1on. He may hold the article so seized untii a.n order for its disposal l1as been· made by a coa:ra: of competent jurisdiction.
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CONSOLIDATED LAWS OF ETHIOPIA
CONSOLIDATION NOTE ;\111cl. 19/1 (1959) D. 37 Art. 2 (g), as Cl'1'tcl. ancl.
re11u111.
21/3 (1961) P. 182.
16 Any person who acts in contravention of or who fails to comply wit11 the provisions of this Proclan1ation or with the conditions of any licence issued there under is guilty of an offence and shall be liable on conviction to punisl 1ment in accordance witl1 the provisions of tl1e Penal Code. In addition to any other penalty a court shall order that the articles in respect of wl1icl1 a conviction is had be forfeited to the Imperial Government. CONSOLIDATION NOTE A,1,,cf. 4/9 (1945) P. 76 Scl1ecl. C. Art. 4 �a); 15 Consol. L. Eth. 1 Sched. E. Art. 4 (a); i11ipl. an1d. Pen. C. 16/Ex. 1 (1957) Arts. 354, 356, 360, 364, 365 (\vhich deal with offences against tl1e State 1no11opolies and refusal to ray public taxes).
17. Our Mi11ister of Finance 1nay make regt1lations:(a) designatin.g the autl1orities tc collect the tax prescribed in. Article 12 hereof; (b) designating tl1e autl1orities to isst1e licence J)ursuant to Article 9 (c) hereof, and to collect tl1e fees to be charged for such licences; (c) prescribing the fees to be cl1arged for licences jssued pursuant to Article 9 (c) hereof; (d) prescribing the tin1 e within wiich and the maimer in which the money payable under Article 12 l1ereof shall be paid; (e) prescribing the n1anner in whi�h licences issued pursuant to Article 9 (c) hereof shall be issued and fe�s cl1arged therefor shall be paid.; (f) designating the autl1orities a11thorized to exercise tl 1e powers conferred by Article 15 l 1ereof; (g) prescribing tl1e manner in \Vhicl1 tl1e accou11ts of the Boa.rd shall be kept; and (h) generally for the better carrying out of tl1e provisions hereof. CONSOLIDA'IION NOTE A1ncl. 19/1 (1959) D. 37 Art. 2, as amd. ind
re11u111.
21/3 (1961) P. 182, Art. 2.
·Done at Addis Ababa tlris 31st day o: October, 1942. 4 I 5 (1945) L. 70
REGULATIONS ISSUED PURSUANT TO THE TOBACCO REGIE PROCLAMATION, 1942 These Re?Ulations are issued by the Minister of Finance J)tlrsuant to atithority vested by Articles 9 (b) and 17 of the Tobacco Regie Proclamation, 1942 (Pro _ clamat1on No. 30 of 1942). - 813 -
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COMMERCE AND INDUSTRY
I. _Tl1ese Reg �lations �ay be cited as the ''Tobacco , GrowiI1g and Leaf . Purchasmg Regt1lat1ons 1945 , ancl sl1all be deemed to have come into force as from the date of this Notice :2. �he !0bacco Monopoly Boa rd n1ay issue notices specifying the n1ethods und �r wluch tobacco may be. grown and tl1e prices tl1at will be paid by the Tobacco Reg1e for tobacco leaf grow11 witl1in tl1e Empire. Done at Acldis Ababa tl1is 29tl1 day of Ja11u,1ry, 1945. 19/4 (1960) L. 227*
REGULATIONS ISSUED PU.RSUANT TO 'fHE TOBACCO REGIE PROCLAMA1'ION, 1942 AS AMENDED 1. These Regulations are issued by the Minister of Finance pursua.nt to authority ve sted in him by Article 17 of the Tobacco Regie Proclamation, 1942, as ame nded (l1ereinafter the ''Proclamation''). 2. These Regt1lations may be cited .as the ''Tobacco Regie Regulations, 1959''. 3. The Tobacco Regie Rules, 1943 (Legal Notice No. 15 of 1943) and the Tobacco (Licence to Sell) Rules, 1943 (Legal Notice No. 31 of 1943) ar e her eby repealed. 4. ''All licences issued pursuant to Article 9 (c) of the Principal Proclamation sl1all be issued by tl1e Tobacco Monopoly Board (hereinafter the ''Board''). Provided that as regards wholesales and retail .sales of monopolized articles the Board 1n.ay authorize Provincial, District or Sub-District offices of the. Ministry of F . inance to issue licences and to collect fees thereon under tl1e autho rity of the Board." CONSOLIDATION NOTE Arnd. 25/ 17 (1966) L. 316 Art. 3, 23 Co11sol L. Eth. 12-3.
5. The fees for licences to sell monopolized articles shall be the following:(a) to sell at wholesale
Eth. $20.00 per ha]f year;
(b) to sell- at retail in major u·rb�� areas designated as such by the Mtrust� r of Finance upon the recommendation of the Board (c) to se. ll at retail in all other areas
Eth. $ 6.00 per half year; Eth. $ 2.00 per h.alf year:
Licence f ees shall be paid to. the authorities issuing the same before or at the time of issuance. A wholesale licence shall also confer the right to sell at retail. * INTRODUCTORY" FOOTNOTE Amd. 25/17 (1966) L. 316.
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CONSOLJDA'fED LAWS OF ETHIOPIA
CONSOLJDA1.-ION NOTE Renunz. 25/ J7 (1966) L. 316 Art. 3.
6. The taxes prescribed in Article 12 of the Proclamation shall be collected by the following authorities: (a) in the case of articles imported into Etl1iopia, by tl1e Customs Adminis tration at the point of entry; (b) in all other cases, by tl1e Excise Taxes Ad1ninistration prior to the time at which such articles are mad.e available for sale. CONSOLIDAT10N NOT.E Re1·1un1. 25/ 17 (1966) L. 316 Art. 3.
7. The taxes prescribed in Article 12 of the Proclan1ation sl1all be paid in the following manner:(a) in the case of imported tobacco leaf, cigarettes, cigars, pipe tobacco, snuff and other tobacco products, by payn1ent to tl1e Ct1stomes Adminis tration agai11st issuance of a receipt therefore; in addition a mark or a label shall be affixed 011 packets or otl1er containers, as it may be decided by the Board, of the said prod11cts to certify that tl1e)1 have been in1ported either by tl1e _Board or u11der licence of the Board; (b) in tl1e case of 1natcl1es, by the J)urcl1ase of reven11e labels in denomina tions to be fixed by tl1e Board w.lticb sl1all be affixed Lo packages cont:1ining ten to twelve boxes of .matches, said labels sl1all be sold by the Customs Adn1inistratio11, iI1 tl1e case of i111ported matches, and by tl1e Excise Taxes Ad111inistratio11 in all otl1er cases; (c) in the case of cigarette paper, by payment to tl1e Ct1stoms Administra� tion against iss11ance of a receipt therefore; (d) in the case of pocket ligthers, by pay1nent to tl1e Customs Adnmtistra tion against issuance of a receipt tl1erefore. CONSOLIDATION NOTE Re11um. 25/17 (1966) L. 316 Art. 3.
8. Any refund to . be made p�rs11 �nt to Article 14A of the Decree for any ta.x, duty or charge paid on 1nater1als JffiJ)Orted for use i n the local nianufacture of cigarettes �l1all be calcula �ed upon tl1e ba �is of the qua.ntities prescribed for their 1nanufacture 1 n the app�opr1ate n1anufacturrng form11la. CONSOLIDATION NOTE Renu,n. 25/17 (1966) L. 316 Art. 3.
9. These Regulations, witl1 tl1e exceptio11 of Article 6 J1ereof shall come into force ?n the date of tl1eir publication in the Negarit Gazeta. Arti�le 6 hereof shall mto force on 1st Megabit 1952 (IO March 1960). come . - 820 -
I
I i
COMMERCE AND INDUSTRY
Re,111111.
23-16, 1 7, 18
CONSOLIDATION NOTE 25/17 (1966) L. 316 Art. 3.
Do11e at Addis Ababa, this 1st dtt y of January, 1960.
F • Standard Ti1ne, 1-Iolidays and Weights and Measures l /6 (1942) G. 6
ADOPTION OF NEW STANDARD rfIME IN ETHIOPIA. NOTICE IS HERE �Y GIVEN that as from Mid11ight on the 17th day of Atigust, 194 � .. sta11dard t1n1e in Etl1iopia will be advanced 15 niinutes, makjng it tl1ree l1ours u1 advance of Greenwich Mean Time. Done at Addis Ababa this day of At1gust, 1942. 15/9 (1959) P. 151*
PUBLIC HOLIDAYS AND SUNDAY OBSERVANCE PROCLAMATION. CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELLASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA Purs11a11t to the provisions of Article 34 and 88 of Our Constitution, We approve the resol11tions of Our Senate and Chan1ber of Deputies and :proclaim as follows:!. This Proclamation may be cited as the ''Public Holidays and Sunday Observance Proclamation, 1956''. 2. Proclamation No. 9 of 1942 entitled Pt1blic Holidays Proclamation is hereby repe�led a11d reissued in the form of this Proclamation. 3.· All public holidays listed iJ.1 the attached Schedule shall be days of peace and rest. No person shall be e11gaged or be employed in any profitable (remunerative) work or profession of wl1atsoever nat11re on ·such days except to provide services esse11tial for life, or essential public services. · 4. For the ptirposes of this Proclamation ''services essential for life or essential public services'' shall inclt1de the sale or provisions of food and drink, essential labour for the mainte.nance of agriculture, the provision of public entertainment, phar111aceutical, medical and nursing services, transport services, and activities of a similar essential nature. 5. Any person violating the ter1ns of this Proclamation shall be guilty of ,1n offence and upon conviction in a court of law shall be liable to punishment in accordance with the provisions of the Penal Code. CONSO'LIDATION NOTE J,npl. fimd. Pen. C. 16 /.Ex.. 1 (1957) Art. 772 (which pr? vides for penalties for con� tTavening regulations concer11ing observance of compt1lsory bol1days).
. * INTRODUCTORY FOOTNOTE . lrnpl. amfl. Pen: C. 16/Ex. l (1957). -
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23-18,19
CONSOLIDATED LAWS OF ETHIOPIA SCHEDULE
Every Sunday in the year New Year's Day and Eritrean Reunion Day (11th September). The Feast of the Finding of the True Cross (27th September). The Coronation Day of His Majesty the Emperor (2nd November). Christmas Day (7th January). The Feast of the Epiphany (19th Ja.nu:iry). The Feast of Saint Micha.el the Archrngel (20th January). Ethiopian Martyrs' Day (20th Febn1a1y). Commemoration of the Battle of Adua (1st March). Good Friday. Easter Sunday. Easter Monday. Return of His Majesty tl1e Etnperor to Addis Ababa (5th May). The Birthd,1y of His Majesty tl1e Em�ror (23rd July). Tl1e Feast of tl1e Assun1ption (22nd August). Done at Addis Ababa this 29t11 day of !vfay, 1956. 22/21 (1963) P. 208
A PROCLAMATION TO PROVIDE FOR THE ESTABLISHMENT OF UNIFORM STANDARDS DF WEIGH'f AND MEASURES . CONQUERfNG LION OF THE TRIBE OF JUDAH HAILE SELASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS, it bas seemed appropriate to Us to provide for the establisbn1enl of uniform standards of weigl1ts a11d meisures to be applied tl1rougl1out t]1e Empire of Ethiopia; and
WHEREAS, Our Se11ate and Cl1amber of Deputies l1ave approved a law for tl1e establishment of sucl1 11nifom1 stand1rds; NOW, THEREFORE, i11 accordaoce with Articles 34 and 88 of Our Revised Constitution We approve tl1e resolutio11s of Our Se11ate and Cl1an1ber of Deputies and We hereby proclaim as follws: -822 -
CoMM.ERCE AND INDUSTRY
23,19
I. GENERAL PROVISIONS 1 · �h}s -Proclamation 1uay be cited. ,ls tl1e ''Weights and Mea sures Proclama, _ tio11, 1 96 .., 2. In this Proclan1ation, t1nless the co11text otherwise requires: (a) ''Ins�ector'' shall n1ean the Inspector and ,1ny Assistant ·Inspector appointed p11rst1ant to Article 11 l1ereof; (b) ''Minister'' shall 111ean the Minister of Commerce and Industry;
(c) ''person'' sl1all n1ean a11y natural or juridical person; (d) ''petty trader'' sl1all mea.11 a.11y perso.u engag ed i I1 small trade or com111erce on a n1iI10.r scale wl10 is clesig11ated as sucl1 ill regulations issued by tl1e Mi11ister; ( e) ''trad e r'' sl1all n1ean any person e·o.gaged :in trade or commerce and witl1 permane11 t busines establisment, but does not include petty traders.
II. ADOPTION AND APPLICABILITY
OF METRIC SYSTEM; USE OF EXISTING TRADl'I'IONAL UNITS 3. The m etric system is hereby adopted as the legal system of weigl1ts. and me ,tstrres for tl1e Empire of Ethiopia, and shall hereafter be applied throl1g]Jout said Empire in accordance with the provisions of this Proclamation. 4. T .be metric system shall, to the maximum extent possible, from and afte1· th.e effective date of this Proclamation, be utilized, followed and app.lj ed in a11 tra11sactions to whicl1 the Imperial Ethiopian Gover·nment or any Ministry, Cl1artered Governm ent agency or other Public A.uthority shall be a party, and it shall be the policy of the Imperial Ethiopian Govermnent to secure increasing use and acceptance of saiq. system througl1 011t the Empire of Ethiopia.. 5. (a) The following tr·aditional units of weights and measures which are now lawh111y in use throughout the Empire of Ethiopia are hereby fix ed at the following equivalents in the metric system. Equivalent in Metric Syste1n
Traditional Unit
28 grams woket 450 grams neter 17 kilograms frasoulla 50 centimetres kend (b) After a date and in localities which. shall be fixed by the Minister: (i) any person using or having under his c_o�trol a �eighing � easuring in.strument fixed in terms of the traclit1onal units of we1g,hts and measures refe.rred to in paragrapl1 (a) of this Article 5 sb.all ee 823 -
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23-19
CONSOLIDATE'D
Liws OF ETHIOPIA
? in f gh o ei �e w _ s or ea n1 t, gh e� :V id sa at tl1 � ng ri responsible for insu t en al iv 1c u ed t1 x eq 1e fi n e th s ie sf ti sa d n a ts ee n1 t measur. ing j 11strt1 men in said paragraph (a); and 1d su ts a1 ea gh m ei s w re of 1 s !t 1 u al 1 � io it ad tr Je t] ch l1i w j (ii) al l transactions 11 b � use�. sl1�ll l �l sh 5 _ le ic rt A 11s t] f o ) (a h ap gr referred to in para d 1n said xe s fi 1t 11n id sa r fo s nt le va ui eq c ri conforn1 to the 111et paragraph (a). e no'Y in use ar 1 cl hi w s re su ea m d an ts ih ei w of its l un 6. All otl1 er traditio11a said En1pire, in tl1 wi ed us be to 1 ue i1 nt co ' a) m ia op hi Et tl1 rougl1out the E rnpire of ed, ; id ov eto pr er th ]y pp a all sl1 n io at lam oc Pr s tl1i of s and 11one of tl1 e provision l1owever, that: (a) i11 every tra11saction where ore of the parties is a trader: (i) tl1e litre sl1all be used if Ii:iuid is involved; y dit mo er com oth y an or l a e, cer if d. t1se be all 1 sl e _1 1 1 1 ran og (ii) tl1e kil designated for tl1 is pt1rpose by tl1e �,1i11 ister is involved; a11d . ree1 nent ,ts to weigl1t .in a11y transaction wl1ere neither (b) i11 case of disag J)arty is a trader and in wl1 ich tl1e units ''kL111 11a'' or ''dawulla'' are used: (i) kt11111a shall mean 5 kilogrammes; and
(ii) dawt1lla sl1 all mea11 100 kJogrammes.
7. After a date and in localities wl1 icl1 sl1all be fixed by the Minister: (a) every trader and petty trader usi11g or l1avjug under his control a weigl1t, n1easure or weigl1 i11 g or me�1�t1ri11g instrt1n1ent fixed in ter1us of tl1 e metric systen1 sl1 all be responsible for inst1rj11g tl1at said weigl1t, meas11re or weigl1ing or meas11ring instrument is eqt1ivalent to tl1e sta11 darcls for such weight, n1easure or weigl1ing or n1eas11ring i11strt1 me11t prescribed for a.11d em·ployed i 11 said system; ancl (b) no trader and �ett� trader t1siog _or �aving under l1 is control a weig11 t, 1neas_ure or we 1gl11 ng or n1ea;11rtng mstr11me11t fixed i 1 1 terrns of t11 e metric �yste!n may t1se or pennit sa.id weigl1t, n1 easure or weigL1ing or �easurmg 111 str11n1e11t to be used 11ntil he I1 ,1s t11e saine registered, inspected and approved by an I11spector. 8. No person sl1all (a) alter, obliterate, detacl1, obsct1re or con s eaI , s ·a111p t · cea' l a11y · or mark • · 111· 11g · d, att. ..ached. or impressed up on a11 aff.1 xe · y we igl lt . , meast1re or we1g . me asu rmg 1nstru1nent w1 tl1011t th e prior wr. itten co11scn or "" t of. an Inspector; (b) neglect, fail or ref11se to prodtce and exllib't • 011 any we1gl1t 1 • f : or . · , Lnsp ect1 • 11 .1ng or i11easuring instrt11ne . ea s11 we or re 1g . sub.Ject to . pec nt wl11 li is � ins . t 1on as l)rovicled i11 tltis Procla111ation t1pon deina11� b e.111g n1ade tl1eref()r : by an Inspector· for ptirr)ose of 1n • s1)ect1on; o r (c) obstruct, hinder or molest a11 Inspector u1 ti1e perfonn • s. . dutie ance of his 1: ·
- 824 -
COMMERCE AND INDUSTRY
23-19
III. STANDARD WEIG.HTS AN . D MEASURES .
9. The �inister sbal � proct1re, acq11ire, ,111d 11ave custody of standard weigl1ts and meas11r �s in tl1e metr.1.c system wluch sl1all · be used in determining a .nd fixing standard we1gl1ts and n1easures tl1ro11gl1ot1t. tl1e Empire of Etl1iopia. 10. Tl1e sta1�dard weigl1ts a11d meast1res helcl in the c11stody of the Minister pursua11t to Article 9 of tl1is Proclamation shall be conclusive evidence on. a11 : quest1ons con�ering any \veigl1t� 1neas11re o[ weigl1ing or me:1st1ring inst1�11ments witl1 respect to wl11c.l1 any clisp11te may arise. . IV. INSPECTORATE OF WEIGHTS. AND MEASUR.ES 11. (a.) TJ1ere is hereby established i n tl1e Mjnistry of Con1merce a11d I·ndt1stry an I11spectorate of Weigl1ts ancl Meas11res. (b) Tl1e I11s1Jectorate of Weights and Meast1res shall be uncler the Minister \Vho shall appoint tl1e Inspector a.nd Assistant Inspectors. (c) Tl1e Inspettor shall perform sucl1. d11ties a11d f1111ctions in carrying out the provisio11s of tl1is Proclamatio11 as may be prescribed in regulat.io.ns issued by the Minister. (d) Without limiti11g tb.e generality of tJ1e foregoing, every Insp_ector may, at all reasonable tin1es, enter a11y sl1op, store, warehouse, stall, yard or otl1er place used for trade witl1in the district assigned t o his jurisdiction wl1ere he bas reason to believe that goods are bougl1t, sold, exposed or kept tor sale or weighed or mea.s11red for conveyance or carriage,. and. ·may require the production of any, �ay inspect all weights, measures. and weighing and measuring instruments iI1 use in such place. If, upo11 such exa111i11ation, sa.id Inspector ]1as reason to believe tha.t any weight, measure or. weighing or measuring instrt1ment does not comply with tl1e provisions of this Proclamation he may carry away and detain, or order the owner to st1bmit the· same to the ·· Ministry or to tl1e 11earest branch of the Ministry fo'r tl1e purpose of comparison w�tb a standard. , (e) Eacl1 Inspector sl1all ·maintain a record of all, weights, measures and weighing instru1nents inspected, whicl1 record shall show the article ins·pected, the nan1e a11d address of the owner or person using the same, . · the date of inspectio11 and wl1ether or not the article complied with the provjsions of this Proclamation. 12. (a) Prosecutions for violations of ·the provisions of this Proclan1ation ancl the regulations made thereunder shall not be instituted unless with prior sanction of the. Inspector. (b) All breaches, violations or contraventions of this Proclamation or of the regulations made tl1ereunder shall be punishable in accoi:dance with the relevant provisions of the Pen.al Code of Ethiopia. CROSS· 'REFERENCE Pen. C. 16 /Ex. 1 (1957) Arts. 375, 736.
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23-19,20
PIA O HI T E F O S W A L D E T CONSOLIDA
S N IO T A L U G E R F O E C V. ISSUAN . N IO T A M A L C O R P IS H T UNDER n io at m la oc cr is Pr es tl1 pr r de un ibin g: ns io lat gu re ue iss 13. The Miiiister may (a) the fees, wl,ich sliall not be less than twenty five cents (Etl1. $0.25) and not more than ten Ethiopian dollars (E� b. $10: 00) to be collected by the I11spector for inspecting and approving weights and measures and weighing and measu.ring instruments; (b) the duties to be performed a�d t� e pro�edL1res and fo� alities �o be followed by the Inspector Ill mspectmg and appyovmg weights, measures, weighing and measuring instruments under this Proclamation; (c) the tests to be applied by tl1e Inspector in inspecting and a J)proving weights and measures and weighing a11d measuring instruments under tltis Proclamation; (d) the ran.ge tolerance of all weighing and 111easuring instruments; (e) tl1e d.ates upon which and the localities in w11ich tl1e provisions of Article 5 (b) a.nd 7 of this Proclan1ation shall become effective; (f) tl1e definition of petty trai, ers, the manner and the date upon wl1ich tl1ey shall become subject to the provisions of tltis Proclamation; (g) tl1at with respect to certaln categories of commerce or industry, all tra11sactio11s conducted therein witl1i11 the Empire of Ethiopia after a : date a11d in localities fixed by the Mi11ister, be in terms of the n1etric system; and (11) generally for tl1e better carrying into effect of tl1e pt1rposes of tl1is Procla1nati011. VI. EFFEC:'.TIVE DATE 14. TJ1is Proclamation shall come into force upo11 tl1e date of its publication . _ 111 the Negarit Gazeta. Done at Addis Ababa tl1is 31st day of August, 1963. 27 / 5 (1�67) L. 333
WEIGHTS AND l\IBASURES REGULATIONS ISSUED UNDER THE WEIGHTS AND MEASURES PROCLAMATION OF 1963 (No. 208 of 1963)
1. These Regt1lations are iss�ed pt1rsua11t to autllority the Minister ve ste in d of. Commerce and Industry by Article l3 of the ''Wei·ghts and , ,roelan1a easures M p . . '' . t1on, 1963 ,, (No. 208 of 1963) heremafter refer·red to as tl · an1at1on 1e ''ProeI - 826 -
I l l I
I
l '' I
l I 1 I
COMMERCE AND lNDUS�fRY
23-20
2. Tl1ese Reg11latio11s may be cited as tl1e ''Weights and Measures Regulations, l 967''. 3. In tl1ese Reg11lations, unless tl1e co11text otl1erwise req11ires:(a) ''Meas11ring instrument'' sl1all i11clude any weigl1t, scale, linear, or volumetric 111easuring i11strt11ne11t; (b) ''Use1.·'' sl1all n1ea11 ,t11y person who 11ses any measuring instru.ment in tl1e course of trade or · I1as any 111easuring instrument used for sucl1 • 1)11r pose u11der ]tis control, but sl1all not include a householder or a l1ouse-wife usi11g any s11cl1 meas11ri11g i11strume.nt for domestic use; (c) ''Ins_pectorate'' shall n1ean tl1e Inspectorate of Weights and Measures in tl1e Ministry of Co1nmerce and Industry establisl1ed by Article 11 of the Proclamation; (d) ''Minister'' or ''Ministry'' s11,111 1nean respectively the Minister o-r tl1e 11inistry of Commerce and Industry; (e) ''Inspector General'' shall mean tl1e perso11 designated by the Minister to be the Inspector General of Weights and Measures and performing sucl1 of the duties and functio11s of the Minister under the Proclamation, as are delegated to him; (f) ''Certificate of Verification'' sl1all mean the certificate iJ.1 the form prescribed in Schedule II to t}1ese Rgtllations, issued by the Inspector General to the user of meast1ring instruments in respect of s11ch measur ing instrt1ments certifying then1 as having been verified as '1:ccurate; . ean a value fixjng the limit of allowable error or (g) ''Tolerance'' shall m departure from true performance; (h) ''Registration Number'' shall mean the serial number allotted to a person i n the commercial register maintained in the Ministry under the Commercial Code, as being the identifying number under which the person or the business organizatjon has been registered as a trader or a comme.rcial entity as the case may be; (i) ''Refere11ce Standards'' shall mean standard weights and measur�:s acquired by the Minister and deposited in the office of the Inspecto·rate i n the custody of the Inspector General, -to be referred to as conclusive evidence in all qeustions concerning a.ny measuring instrument with respect to any dispute in connection therewith; (j) ''Working Standards'' shall include any n�� ber of sets of stand�rds measuring instruments proc11red by the M1n1ster from any recognized standards institute a.nd used by Inspectors of weights and measures for the purpose of checking and determining the accu.racy of measuring instruments -in Ethiopia. CROSS REFERENCE Comm. C. 19 /Ex. 3 ( 1960) .Art. 98.
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23-20
HIOPIA T E F O S W A L D E T A CONSOLID
ons, Manuti eg e la R es f t e rc � fo 1 to � i1 ? g in m co 4 . (a) With effect fron1 t11e ts _ shall not sell en m ru st m ng ri su ea m of rs lle se . ters an , d . _ factt1 rers 1n1por · . 1 ts �o a �y per o11 e1 ru st 111 g 1n 1r st ea n1 1 � cl sn � y 1 a1 or otherwise transfer r te fo ra to ec sp msp· ection• In e th to ed itt • bm Sll . . un1ess sa1ne bave been . l e 1a bl f1c em of e m. A t th ith w ed av gr 1 er or l ec a11 d l1 ave been ·11npress • , d tl1is i11 itial verification, 11 0 rees sl1 all be cl1arge 1 g instruments shall ri1 s11 ea m of rs lle se d 11 a rs rte po (b) A.11 matllifactures, im t file at lea.st once every year with tl1 e Ios1Jector Ge n�ra l statemen s of all, nieastiring instrtiments p:>ssessed, sold or otl1 erw1se tra11sferred by them, and shall also keep a record of sucl1 sales and/ or transfers.
1 east1r in n of t 11 g in i u air rep of ess si11 bt1 _ tl1e � � in � e s. No person slJall e11 ga.g 1 1z1ng 111ents ttnless be J1as obtained from tl1e Inspector General a permit aut1or l1in1 to engage in such trade. 6. All users of 1ne�tst1ri11g iJ1 strtu1:ents witl1 i11 the l ocality notified by tl1e 11u1ister u11der Article 7 of the Proclan1 atio11 , sl1all immediately after the issue of saicl notification, apply to the I11spector General for additional i11 spection and verifi.catiot1 of tl1 eir n1east1ri11g i11 strL1111en1s, specifying tl1 e 11 ature and. tl1 e number of suc 11 ir1strt1n1ents. 7. Tl1e I11spector Ge11eral. sl1 all 11 otify users witlU11 the locality, of the date, tin1 e a11d place wl1 e11 i11spection will be e,1rried ot1t by the Inspector. 8. Worki11g Standarcfs shal.l be t1sed for the purpose of c]1 ecking a11 d inspecting of meast1ring i11 stru1nents submitted for inspection to tl1e Inspector. 9. Tl1 e I11spector carrying out i115Pection, sl1a11 record j11 the register of verifications kept by l1im, t:l1e na111 es, addresses and registration 11umbers, if any, of the t1sers submitting tl1e instrume11 ts for i11 spectio11, as well as tl1 e types and nu1nber of tl1 e n1easuri11g i 11strume11ts s0 sub111itted and inspected, and shall sign eac}1 enf)' witl1 respect to eacl1 user. 10. Measuring instrt1ments detern1i 1 1:d to be acct1rate sl1 all be in1 pressed or engraved witl1 the official emblem, a11d tl1e year of verificatio11 , by tl1 e Inspector. 11. Measuri11g instrt1.1nents fot1ncl lo be i11 acct1r,1te after tl1 e issua11 ce of certificate of verification shall cat1se to be co11fiscated, l)rovided, ]1 owever, t]1at in ca tis � of the inacct1 racy ?ei1 1g w�tl1iJ1 a tJlera11 ce ra11 ge of 3 % , tl1e Inspector sl1all reqt11re tl1e 11 ser to rectify tl1 e 111 acct1raey witl1i11 five days a11d s11 all forbid tl1e t1se of tl1e inaccttrate meast1re by sticki11 g a 11 otice on tl1e instrun1 ent declaring it to be t1nfit for use. If, witl1i11 the s _1)eci:ied J)eriod tl1 e i11 acct1racy is 11 ot rectified, the Inspector shall cat1se to be conf1scat�d tl1 e meast1rii1 g i11 struiner1 t. 12. When the 111easuring instrt1n1ents l1 ave bee11 verified to be accurate the I11 specto� shall prep _ are the certificate cf ,1erification referred to ju Schedule II under his ?w11 signature and s �1all l)re�ent it to tJ1e J11s Jector General or to a . 1 J n de s1g11ated by the Minister for his final ap )roval co I erso unter _ signature 1 and affixing of the seal of tl1e Ministry.
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COMhtIERCE AND INDUSTRY
23-20
.. · 1_3. _ Tl1e certific,1 !e. referrecl_ to in Scl1edt1le II l1ereof sl1a11 be prepared iI1
tr 1pltcate, and tl1e or1gtnal bearing tl1e seal of the I11spectorate shall be delivered �o th� user. The Ins_pector shall file 011e copy in tl1e Ministry's central arcl1ive c1i1d tlie other sl1 a11 be kept for recorcl i1 1 tl1e office of fl1e Inspectorate. 14. (a) It �l �all . be tl1e cl11ty of tl1e I11spector carryi.ng out i11spectio11 and ver1f1ca t1on to e1 1sure tl1at tl1e certjfic,ite of verification is clelivered to tl1e user or .his leg::1lly a11tl1orized agent; (b) The t1ser sl1all _pro111ii1e11tly display tl1e certificate in l1is premises; (c) If tl1e origi11al certificate is lost or destroyed, the user shall, on his ,1pplicatio11, be issued a d111Jlicate 011 pay.1nent of half the prescribed fee. 15. At tl1e time of inspectio11 at1d before verification of the measuring instrt1menis by the Inspector, tl1e user sh::111 p:1y to tJ1e Inspector for the instrl11nents to be inspected, tl1e fees presc1·ibed i11 Scl1ed11le I hereof, a,nd tl1e I1 1spector sl1all issue a legal receipt for tl1e a1nou11t received by hi1n. 16. Whe.n a notice u1 1der Article 5 (b) of the Procl::1111ation l1as been iss11ed and · tl1e time specified for traditional me,tst1ri11g inslr11rnents to be bro11ght in· conformity wit11 metric equi,1ale11ts b.as expired, the provisions of Articles 6 to 14, (inclusive) and Articles 16 to 18 (inclusive) of tl1ese Regl1lations shall apply mutatis n1utandis. 17. If, after the expiry of the period s1Jecified in Article 7 of the Proclamation, tbe Inspector discovers ,1ny unverified n1east1ring i11strl 1n1e.nts. tl1e Inspector may seize s11cb measuring instr11me11ts a11d IJrevent the1n from being 11sed .in the trading transactions ·until after verification. Suc11 cases shall be reportecl by tl1e Inspector to the Inspector Gener,11 wl10 may, after h· eari11g the clefaulting user, impose a penalty not exceedj11g tl1e scale of fees prescribed in Sched11le I hereof for each unverified measur.ing instrument in addition to the prescribed fee payable for sucl1 n1eas11ri11 g instrument, or may order prosec·ution. 18. Reference Standards shall be concl11sive evidence .in all disputes if a user challenges the correctness of tl1e working sta.nda.rds. 19. At the time of inspection, the Inspector may allow for every measuring instrument a maximum toler,1.nce of 1 �� error w.hile determining the accuracy or otherwise of a measuring instrume·nt. 20. (a) Any user who in any business tra.nsaction uses a n1easuriug instrument not officially stamped or engraved shall be guilty of an offence and shall be p11nisbable under the relevant provisions of the Penal Code; (b) Whoever sells any measuring instrW?-ent witbo.ut securing its prior
verification and impressing or engravmg of the seal by the Inspector of weights and measures, shall be guilty of an offence under the Pena) Code a.nd shall on conviction by the court be punishable witn fil:Iie or arrest, without prejudice to confiscation;
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IOPIA I-! T B F O S W A 1D E T A D LI SO CON
23-20
1 ts an d Measures sh al l stam p , l eig W of r to <:c sp In 1 a1 an tl1 r , he er (c) Whoev ot 1 me11t with th e official e1nl1Iem, trt ins ng uri as ne 1 1 y a1 e i 111 press or engrav · cto an by spe d In rve ga en r, and or d sse pre in1 ed mp g sta tin if no s a. de wl 1oever knowingly shall 1nake l1se of suc]1 f alsely stamped impressed or engraved instruments sl1 a]l be guilty of an offe11ce under the Penal Code.
CROSS REFERENCE Pen. C. 16/Ex. 1 (1957) Arts. 354, 375, i36.
21. These Regulations shall come i1to force on and from the date of thei.r publication in the Negarit Gazetc,. SCHEDULE I
l
.,
1 able of Fees Payable for Verifications of Measures Any person l1sii1g 1netric 1neasures fur bt1si11ess trans action must pay the fees set out hereto, at the time of verifica.tioo. 1. Linear Measures Up to 1
.. .
•••
•••
•••
•••
Eth. $ 0.50
Over 1 m up to 10 m ...
•••
• ••
•••
Eth. $ 1.00
Over 10 m up to 50 rn ...
•••
•••
•••
Eth. $ 3.00
Over 50 meter.
•••
• ••
•••
Eth. $ 5.00
Ill
•••
•••
...
2. Scales Of a capacity up to 5 kg.... . . . .. , '' '' '' over 5 lg. up to 50 kg '' '' ,, over 50 kg.... • • • • • •
Etl1. $ 4.00
Up to 1 kg.
Eth. $ 7.00 Etl1 . $10.00
3. Weights •••
•••
•••
to 10 kg. • • •
Etl1. $ 0.25
...
•••
Over 10 kg. up to 50 kg. • • •
Eth. $ 0.50
•••
•
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COMMERCE AND INDUSTRY
4. Capacity lVIeasures Of a capacity tip to 25 litres Of a capacity over 25 litres up to 100 L Of a capacity over I 00 L... ... ...
Et11. $ 3.00 Etl1. $ 5.00 Eth. $10.00
5. Automatic Measures For all al1ton1atic or serni-automatic measures Eth.. $10.00 SCHEDUL E II MINISTRY OF COM11ERCE & INDUSTRY INSPECTORATE OF WEIGHTS & MEASURES
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24-1,2
Section 24 AGRICULTURE A. Farm A.nimals and Animal Products 14/9 (1955) P. 147 A PROCLAMATION TO PROVIDE FOR THE CONTROL OF INFECTIOUS DISEASES OF CATILE CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELA.SSIE I ELECT OF GOD, EMPER.OR OF ETHIOPIA WHEREAS. it is Our desire fl1rther to extend the prograrnn1e for the control of infectious dis�ases of cattle witl1i11 Our E1npire; and WHEREAS, a progra111n1e of free vaccination ag�tinst cattle disease \\rill im prove tl1e value of Etl1iopia11 cattle a11d increase the eX:port of meat and cattle products fro1n Our E111pire; NOW, THEREFORE, in accordance with Article 34 of Our Constitution, on tl1e J?fOIJOsal of Our Mi11ister of Agriculh1re and witl1 the approval of Our Se11ate and Chamber of Deputies, We proclain1 as follows : CONSOl�lDATlON NOTE 1~11e Constitution referred to here is the Constitution of 1931. Tl1is Constitution ,vas repealed and replaced by the Revised Constitution of 1955, 15/2 (1955) P. 149, J Consol. L. Et/1. 1. Tl1e Article of tl1e Revised Constitt1tion parallel to the cited Article of the 1931 Conslitutio11 is Article 88.
I. T .lus Procla1nation 1nay be cited as tl1e ''Proclamation for tl1e Control of Cattle Diseases 1955'', and is substituted for and replaces tl1e Proclamation witl1 the san1e title, of 1949. 2. The vacci11ation against co11tagious bovi11e plel1ropnet1n1onia and cattle pl,1gue (ri11derpest) is l1ereby made free of cl1arge. A111cl.
CONSOLIDATION NOTE 20/9 (1961) P. 171, Art. 2.
3-8. [Repd. 20 /9 (1961) P. 171 Art. 2. 24 Co11sol. L. Eth. 3-2.]
Do11e at Addis Ababa, tl1is 28tl1 da)' of May. 1955.
20/9 (1961) P. 171 A PROCLAMATION TO PRO.VIDE FOR THE CONTROL OF ANIMAL DISEASES "'
CONQUERING LION OF TI-IE 1 RIBE OF JUDAH HAILE SELASSIE I ELECT OF GOD. EMPEROR OF ETHIOPIA WHEREAS, it is essential that prompt and effective measures be taken to elin1inate fron1 Ot1r Empire diseases wl1ich i11fect livestock and otlier animals; and WHEREAS, Our Se11ate and Cl1amber of Deputies liave passed resolution for tl1is pttrpose; - 832 -
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AGRICULTURE
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�ovy, TI-IEREFORE, in accordance with Articles 34 ancl 88 of 0 11 r Revised
Constitlttio.n, We appr ?ve the resolt1tion. of -O t1r Sen,lte a.nd Cl1amber of Deputies and We l, 1ereby proclaim as follows: I. GENERAL 1. Short Title Tllis Procla1natio11 1nay be cited as the ''A11i1nal Diseases Control Pro• c]a1nation, 1961''. 2. R.epeal of E�tisti11.g La1rv
vac• charge With of tl1e free except on of the provides for provision that j _ . . cmation aga1n�t co�tag 1011s bovi11e ple11.ropne,umo11ia a.rid cattle pla,gue (rinder pest), t.he Proclamation for the Control of Cattle Diseases, 1955, (Proclamation No. 147 of 1955) is b·ereby repealed. CROSS REFERENCE Control of Cattle Diseases P.rocla1uation, 14-/9 (1955) P. 14-7, 24 Consol. L. Et-!'l . 1
3. Definitions
•
As used in this Proclamation, unless the context otherwise requires, the following terms shall have the mea11ings set fortl1 below: (a) ''a11j1uals'' means cattle, sheep, goats, beasts of ·burden, camels, swine, pottltry and similar livestock, and any other a.nimal which Our Minister of Agriculture may declare by Legal Notice to be included in the term ''animals'' for the purposes of this Proclamation; (b) ''ani1nal diseases'' mean.s cattle plag11e (rinderpest), foot and mouth disease, contagious bovine pleuropneumonia, anthrax, black quarter, bovine tuberclosis, horse glanders, rabies, undule11t fever, sheep pox, goat scab, swine fever, swine. erysipelas, mange (scabies), stomach worm disease of sheep and goats, and any other disease of any infec tious or contagious nature which Our Minister of Agriculture may declare by Legal Notice to be included within the term ''disease'' .for the purposes of this Proclamation; (c) ''carcase'' means the meat, bones, hide, skin, hooves, horns, wool, offal, or an_y other part of the carcase of an animal; (d) ''custodian'' mea11s any perso? :"ho is the sole or p� rt owner of any animal and any person who 1s m charge of such an1mal; (e) ''Director of Veterinary Services'' means the official of the Ministry of Agriculture appointed as su,ch; (f) ''fodder'' means hay, grain or any other substance commonly used for feeding of animals; (g) ''litter'' means straw or any other �ubst�nce commonly used for a-ad ding or otherwise for or about arumals, - 833 ,
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CONSOLIDATED LAWS OF ETI-ilOPlA
(h) ''Stock lilspector'' means a.�y veterinary inoculator a11d � eludes a.ny . _ person appointed by Our Mlillster of Agriculture as sucb, (i) ''Veterin,try Officer'' means. ai1y 9- u�lified veteri� ::1ry st1rgeon autho rized to practice J1i.s profession w1tl1tn Our Empire.
II. MEASURES FOR CHECKING THE SPREAD OF ANIMAL DISEASES 4. Action to be Taken by Custodian of an A11inzal upo11. Discovery of Animal Disease. The custodian of any animal affected or s·uspected of. being af-fected with _ any animal disease sl1all, as soon as the same s11all come to his attention: (a) give notice thereof to the Governor of .t11e Awraja, 'Yoreda or. Mektel _ Woreda nearest to hi1n; provided, however, that 1f the animal ID question is travelling by sea, said noti�e sl1all �e giv� n to th� oustoms _ authorities at the port of arrival, and 1f the a.n1mal m question 1s tra velling by land, said notice shall be given to the nearest police officer; and (b) keep suoh animal separated from all otl1er animals not affected or
suspected of being affected with an animal disease.
5. Notification to be Given upon Oi,tbreak of Disease The Governor of an Awraja, Woreda or Mektel Woreda, on being sa tisfied of the existence within the area under J1is jurisdiction of animal djsease, sl1all promptly cause notice thereof to be given to all balabats and custodians of a11imals within said area. 6. Veterirtary Officer to be Notified of Disease Any head of village, ballabat, Municipal Officer, Go,,ernor of an A\vraja, Woreda or Mektel Woreda who is notified that a11 auin1al is affected or suspect ed of being affected with disease sl1a.ll pron1ptly notify the nearest Veterinary Of ficer, wl10 shall give such directions and take sucl1 steps as may be necessary for tl1e ptrrp·ose of ascertai1li11g tl1e existence a11cl nature of said disease and who, on being satisfied that such disease exists, sl1all IJron1ptl)' n1alce a report to the Director of Veterinary Services. 7. Slai1gl1ter of Disecrsed Animals Any Veterinary Officer may cause: (a) to be slaughtered any a.nimal affected witl1 a11thrax, bovine tuberct1losis, horse glanders or rabies; a11d (b) the seclusion for a temporary 1Jeriod of any animal which has been in contact _ wit? an anin1al affected or suspected of being affected with any of said diseases. - 834 -
AGRICULTURE
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III. POWERS OF OFFICERS 8. Dispose,/ of C'arca,'Ses of Disec,secl r1.ni1nals In any case in wllich ,1n ani1nal dies of an a11imal disease, the Governor o _f a11y A �ra3a, Woreda or Mektel Woreda, or any Mun icipal Authority, Vete rinary (?fficer o� Stock Inspector, n1ay give instructio11s with reference to bt1rial, destruct1011 or dispos al of the carcase, litter, dung or fodder of said animal. 9. Exan1irzation, /11oculation and Disinfectio11 Any Veterinary Ofiicer 111ay at any time require any animal to be exa111ined, inoculated, sprayed, d.ipped, washed or other\.vise disinfected or to undergo a period of qua.ranti11e if l1e s.l1a ll consider the san1e necessary in order to prevent tl1e spread of anima l dise ase. 10. Powe,· to Carry 0LJ.t Tests Any Vete rinary Officer may, for tl1e .purpose of. detecting or diagnosing animal disease, t ake blood smears from any animal or apply su · ch other tests as l1e may consider necessary. l 1: Power to Prohibit Exl1ibition, Sale c111cl SlaLlgl1ter of Anin1als The Director of Veterinary Services may, if he considers it necessary in order to prevent the spread of animal dise ase, prol1j.bit the holdi11g in any pl ace of any exhibition of animals, tl1e sale of anim als in open m arkets or i11 private sale-yards, or the slaughter of a11imals for food and the sale of meat or carcases or any p art there of. 12. Power of En.try (a) Tl1e Governor of any Awraja, Woreda, Mektel Woreda, or any Mu nicip al Au. tl1ority, Veterinary Officer or Stock Inspector may· e.nter any l and, bt1ilding, shed, place or vehicle containing or suspected to contain any animal carcase, litter, dung or fodder a�d may examine the same for tl1e animal disease, or for tl1e purpose of ascertaining whether· any animal therein is suffering from any a nim�l disease , or for the purpose of ascertaining whether the provisions of this Pro clam ation or instructions issued pursuant to it in respect of cle aning a nd disinfecting are 'being properly carried out. (b) The owner of a ny anim al c arcase, litter, dung or fodder shall produce the same for inspection when ca lled upon to do_ so pursu ant to para grap11 ( a) of this Article 12. 13. Power to Carry Out Reqi,irements · ation � promulgat l or on egu ati lam oc Pr . · � is th by ed uir req is . If any person ed or instructions issued pursuant heret o to do any �ct or th111g but f ails to comply a� Woreda or Mektel Woreda raJ Aw ny a f o . or rn ve Go e h t, nt, e with such requirem e of ns pe ex the ne at be do . to ime sa e th e us a c ay m er fic . or any Veterinary Of said person. - 835 .
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CONSOLIDATED LAWS OF ETI-IIOllJA
IV. INFECTED AREAS 14. Po1vers to Declare an Area to be Cln Infectecl Area . . Our Minister of Agriculture may at any tin1e, by Legal Notice, design ate any area within the Empire of Ethiopia as an infected area for the purposes of this Proclamation. 15. Notice to be Given to Occupants of ari Infected Area Any Veterinary Officer, when satisfied that � n animal. disease exists, or has, within tl1e period of incubation of a.ny �nin1al �1sease, existed in an� place shall forthwith serve a notice on the ocoup1er, or 1f tl1ere be no occupier, on the owner of said place, declaring said place to be an infected a�ea. T�e noti7e sl1all specify the site and the li1nits of the infected area and the a? Imal disease m _ _ respect of which it is declared to be iniected. Copies of said notJ.ce sl1all be for warded to the Governor of tl1e appropriate Awraja, Woreda or Mektel Woreda and to tl1e Officer in cl1arge of the police of ilie A,vraja concerned who shall, witl1out clelay, cause copies of said notice to be affixed to tl1e ·police boards and to the notice boards of all courts in the Awraja. Said notice ,may also, upon the recomm.endation of the Director of Veterinary Services, be published in the Ne garit Gazeta by Our Minister of Agriculture. 16. Mariner of Declaring I,ifected Area to be Free fro11z A1zinial Disease An area wl1icl1 has been declared to be an infected a.rea JJt1rsuant to the provisions of Article 14 or 15 hereof sl1all not be considered to be free from ani mal disease -u11til a declaration i n writing is made to t11at effect by tl1e appropriate Veterinary Officer. Said notice shall be delivered to the owner or occupier of the •pre111ises or of the area concerned and shall, in addition, be published in the same n1a11ner in wl1ich publication was made pursuant to said Article 14 or 15.
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17. Special Notice to be Given iri Certain Circitt11stcinces If tiliere shall ocour in any area anthrax, foot and mouth disease, glanders, bovine tuberculosis, rabies, undt1lent fever or any ot11er disease which Our Mi nister of Agriculture may by Legal Notice declare to be a disease tra.nsmissible to the inhabita.nts of said area, tl1e Veterinary Ofiicer sl1all promptly notify the Medical Officer of Health of the Awraja and send a copy of such notice to Our Minister of Public Health.
18. Provisions to Apply to /1zfectecl Areas �he following p�ovisions sh �ll, in the absence of other provisions made by rules 1sst1ed under _ tl11s Proclamation, apply to any infected area designated as sucl1 pursuant to Article 14 or 15 hereof: (a) no animal shall be removed from st1ch area witl1out the \Witten per mission of tl1e Veterinary Officer; (b) all animals in st1ch area shall be herded as far as possible from public roads; (c) (i) the ?irector of Veterinary Services or a Veteririary Ofiicer may req,urre tl1at tl1e owner of any anin1al within such area isolate said animal from otl1er anj111als in tl1e area or remove said. a11imal within a stated period to such other place as 11e 111ay direct; - 836 ''
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Stock In�pector n1ay require tl1at tl1e owner of any animal witl1 in such area isolate said animal f1·om other animals in tl1e area tintil st1cl1 time as he may comm1111icate his diagnosis to tl1e Veterinary Officer;
(d) A Veterinary Officer or Stock Inspector may cause any animal therein to be branded witl1 s11cb mark as be deen1s appropriate; and (e) carcases of anin1als dying from disease within said a.rea sl1all either
be buried at a deptl1 of 11ot less than one and one-half ( l¼) metres below the surface of the grot111cl or b11rned, at tl1e ex.pense. _of the owner. V. REGULATIONS
19. 01,1r Mi11ister of Agriculti,re Autl1orized to Issue Regulations Our Minister of Agriculture may make regulations hereunder for carry ing 011t the pttrposes and provisions of this Proclamation: (a) regarding the control, examination, detention, inoculation, disinfection, ,.. removal, branding, dipping, testing or slaughter of animals affected or suspected of being affected with any djsease, or of any animals ex posed to infection or especially liable to become infected with any disease; (b) reg11Jating the destruction, burial, disposal or treatment of carcases, fodder, litter, utensils, dung or other things being in an infected place or area, or removed therefrom; (c) Prohibiting or regulating the digging up of carcases which have been buried; (d) prohibiting or regulating tl1e movement of anin1als, carcases, litter, dung or fodder witliin the Empire of Ethiopia; (e) prescribing measures to be taken for the quarantine of animals impor ted into, or exported from the Empire of Ethiopia; (f) prescribing measures to be taken for the quarantine of diseased ani mals or animals which have been in contact with animals suffering from disease or especially liable to become infected with disease; (g) prohibiting or regulating the importation into or exportation from the Empire of Ethiopia of animals, fodder or litter, and prescribing the conditions under which importation or exportation may take place; .
(h) prescribing measures to be taken for the cleansing and disinfenction of buildings and places wherein animals have been or are stalled or kept, and of public markets, private sales yards, railway premises or vehicles wherein a.ny animal s·hall have been place_d, kept or carried; (i) prescribing meas,ures to be ta.ken for the disinfection of persons and
their clothing and personal effects which have come into contact with or are used in contact with an.imals suffering from or suspected to bv
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i; e, ar ed ct f in an in g i be or e as � se di a g om rin fr � suffe _ (j) prohibitin .g or regulating the 1mportat1on in t_o, or the. n1anufacture within, the Empire of Ethiopia, of any veter1?ary vacc111e or serum of the virus of cattle plague or of any other disease; (k) prescribing the duties of local .authorities under this Proclan1ation; and O) generally for the prevention of the spread of disease of ,tnin1als and for giving effect to the pu1poses of tl1is Proclamation. 20. Pun.ishment (a) Any person who violates the provisions of this Proclamation shall be punished under the provisiJns of the Penal Code. (b) Whenever it shall be reported to a Court that any ani1nal or thing bas been seized and detained under tl1e preceeding section but that the person who is alleged to have co1nmitted an offence in respect thereof is unknown or ca.nnot be found, tl1e Court may, if satisfied that there is reason to believe tl1at such offence has been com1nitted, order the animal or thing to be forieited in accordance with tl1e provisions of tl1e Penal Code; provided, :1owever, that no order shall be 1nade unless the owner (if his name ard whereabouts are known) shall have had an opportunity of appearing before the Court to show cause why such order should not be made. CROSS REFERENCE Pen. C. 16/Ex. I (1957) Arts. 354, 50'-, 507, 785.
21. Effective Date This Proclamation shall co1ne into force on the date of its publication in the Negarit Gazeta. •
Done at Addis Ababa this 4th day of March, 1961. 23 / 13 (:964) 0. 34 *
AN ORDER TO PROVIDE FOR THE ESTABLISHMENT OF TIJE LIVESTOCK AND MEAT BOARD CONQUERING LION OF THE TRIBE OF JUDAI-I HAILE SELASSIE I ELECT OF GOD, E¼PEROR 01:;- ETHIOPIA WHEREAS, it is_ k11own tl1at the large livestock population of Our E1npire forms a valuable national resource; ard HE �EAS, in tl1e .interest o� tte economy of Our Empire, the quality of � . livestock prod11cts and. l11des should be improved and tlleir production 1vestock, ! increased; and ,:, fN'rRODUCfORY F001'NOTE
Corr. 23/14 (1964) C. 55.
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WI-IERE.AS, it is necessary for these purposes to provide guidance and assis ta11ce to prod �� ers, tr�?�rs ,lnd processors, to facilitate and encourage the establish111 ent of req111s1te fac1l1t1es and to provide regulations for their efficient operation; and �HEREAS, it is deemed that tl1ese p11r1Joses can best be acJ1ieved by the creat1011 of ::ln orga11ization possessed of st1cl1 powers as sl1all be conferred by la¥.1; NOW, Tl-lEREFORE, in accordance with Article 27 of Ot1r Revised Cons titutio11, ,111d 011 tl1e advice of tl1e Council of Ministers, We hereby order as follows_: 1. Slzort Title
This Order n1ay be cited as tl1e ''Livestock a11d Meat Board Order, 1964''. 2. Establisf1111e11t of tlze Board There is l1ereby created an independent body, to be known as the '·Live stock a11d Meat Board'' (hereinafter referred to as the ''Board'') which sl1all act through the Board of Directors and General Manager as prov.ided herein and in other relevant laws. 3. Definitio11s Whe11 used in this Order, unless the context shall reql1ire otherwise; (1) ''by-product'' sl1all mean everything of value produced from the slaughter of livestock other than the meat, bt1t shall not include milk; (2) ''hide'' shall mean the outer covering of bovine and camels; (3) ''livestock'' shall mean bovine, sheep, goats, camels, horses, donkeys, mules and similar animals; (4) ''meat'' shall mean the flesh of bovine, sheep, goats, camels, poultry and similar animals produced for food; (5) ''poultry'' shall mean domestic birds which serve as a source of food; (6) ''processor'' shall mean any person involved in the operation of con verting livestock, poultry and eggs, meat and b·y-products into a sa leable form; · (7) ''producer'' shall mean a farmer of lives1:ock _ and ·poultry; (8) ''skin'' shall mea.n the outer covering of a sheep or goat; (9) ''trader'' shall mean a merchant in livestock, poultry, meat. eggs and by-products. 4. Objects and Purposes of the Board The Board a.hall have the following objectives and purposes: - 839 __,
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d an y th 1 gl al hi l1e of g tin qua. ke ar m d an n tio 11c od pr e (1) to enco11rag tJ1e ; ts 1c d1 ro -p by d an gs eg t, ea m y, tr , lit)' livestock poul tio uc e od tl1 n, pr to g in at pro re n io at n1 or � i]f e at in em ss (2) to collect ancl di , t, try ea ul m po , ck to eggs es liv of ng eti ark 11-i d . an ng rti cessing, transpo and by-products; (3) to promote the establishmert and s11pervision of improved stock rou tes, watering points and marketing facilities;
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(4) to stimulate researcl1 on an/ aspect of livestock and poultry produc tion, transporting, processit1g and marketing; (5) when requested, and in acccrd�1nce with such request, to assist in an d facilitate the carrying 011t by the Veterinary Services of tl1e Govern ment of their vaccination a11:1 related services and to co-operate in the · expansion and a.pplication of veterinary standards and requirements; and (6) to promote tl1e sale of livestock, meat, poultry, eggs a u. d by-products by advertising a t l101ne and abroad and by participating in interna tional trade fairs. 5. Responsibilities Tl1e Board shall, i11 accordance with relevant laws, be responsible for:
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(1) tl1e establisl1ment and enfocement of such policies and programmes a.s are necessary for the attainment of the objects and purposes stated hereunder; (2) tl1e establis ?ment of such administrative organization as is necessary and conducive to tl1e proper execution and administration of its policies and programmes; (3) the preparation of its b11dget; and (4) the discl1arging of such addi:ional functions as may b e vested in it by law. 6. Orga,zization The Board shall be comprised cf: (1) Board of Directors: (a) .all of t11e powers of tl1e Board sl1all be vested in a Board of Di rectors; (b) tl1e B�ard of Direct�r� shall be composed as follows: a Cha1r1na?, the Mrn1ster of Agrict1lture or his du.I , authorized ) representative. Members: one representative of eacl1 of the Ministries of Public Healtl1, Commerce an·d It1dustry, F1·nan ' ce and Nat·1onaI. comn111n1ty . J? evelopment and Social Affairs, designated by tlle respective Mlllisters;
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One represe11tative of eacl1 of the traders, processors f111d produ cers, designated by the Minister of Agrict1lture after consultation wit]1 re1Jrese11tative boclies of tl1es� sections of tl1e indt1stry. The representatives of the traders, processors and proclucers shall serve for t1vvo (2) years and sl1al.l be eligible for designation again, (c) the Board of Directors sl1all make its ow11 rules of procedure. (2) General Ma11ager : there sl1all be a General Manager appointed by Us upon the reco1111ne11da tion of tl1e Board of Directors for such period as We sl1all cleter11 1iI1e. He sl1all be the Head Exec11tive of tl1e Board and, subject to tl1e general direction of the Board of Directors, he shall direct the Managen1ent and operations of the Board. T he Gene ral Ivlanager 111ay delegate su· ch of his functio11s, d11ties and authority ' to s11ch J>ersons employed by the Board as he may deem appropriate for tl1e efficient n1anagement of the business of the Board. (3) Staff: The Board 1nay employ officers and staff necessary for the car r)1i11g 011t of its 01Jeration, subject to the Ce11tral Personnel Agency Public Service Order (Order No. 23 of 1961, as amended) and regu lations iss11ed thereunder. Corr. 23/14 (1964) C. 55.
CONSOLIDATION NOIB
CROSS REFERENCE Ce11tral Persoru1el Agency a11d Public Service Orcler, 21/3 (1961) 0. 23, 8 Consol. L.
Et/1. 2.
7. Annual Report T11e Board sl1all publish an Annual Report of its activities and the prog ress that it l1as made in ac.bieving the objectives and pur·poses of this Order within three (3) 1nontl1s after the end of each year, and shall s11brrrit a programme of work for the co111ll1g year within three (3) months before the end of the year to the Minis try of Agricult11re.
8. Regillations Our Minister of Agriculture may, upon the recom,1nendation of the Board, issue Regulations for the better carrying out of the provisions hereof.
9. Repeal Unless otherwise expressly provided in this Order, all Orders or Regu la.tions previously in force concerning matters provided for .in tl1is Order, whether written or custo1nary are hereby repealed.. 10. Effective Date Th.is Order shall enter into force on the date of its p11blication in the
Negarit Gazeta. Done at Addis Ababa this 14th day of March, 1964. 841 -
CONSOLIDATED LAWS Of•
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E1'H10PIA
23/ 13 (1964) P. 212 *
LIVESTOCK AND MEAT BOARD PROCLAMATION CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELASSIE I ELECT OF G·OD, EMPEROR OF ETI-IIOPIA WHEREAS, We have ordered tl1e establish111ent of tl1e Livestock and Meat Board; and WHEREAS, it is necessary that the said Board be conferred with such pov.1ers as are 11ecessa.ry for the attainment o f its object and purposes; NOW, THEREFORE, in accordance with Article 34 and 88 of Our Revised Constitt1tion, We approve tl1e resolutio11s of Our Senate a.nd Chamber of Deputies a11d. We hereby }Jrociaim as follows:
I. Short Title This Procla1natio11 n1ay be cited as the ''Livestock and 1ifeat Board Pro cla111ation, 1964." 2. Defin.itio11s wise:
Wl1ere l1sed i11 tl1is Proclamation, unless tl1e co11text shall require other-
(1) ''Board'' sl1all mean the Livestock and Meat Board; (2) ''by-product'' shall mean everything of value produced from the slaugl1ter of livestock otl1er than the meat, but shall not il1clude nrilk ; (3) ''fee'' shall mean a charge fixed in accordance with tl1e provisio11s of the present Proclamation; (4) ''lude'' shall mean t11e 011ter covering of bovine a11d ca111els; (5) ''livestock'' shall 111ean bovine, s11eep, goats, ca111els, l1orses, donkeys, 111ules and similar animals; (6) ''meat'' sl1all mea11 the flesh of bovine, sl1eep, goats, camels, poultry and similar animals produced for food; (7) ''poultry'' shall mean domestic birds which serve as sources of food; (8) ''pr �cess?r'' shall mean any IJerson involved in the operation of con verting livestock, po11ltry and eggs, meat and by-prodt1cts into a sa leable form; (9) ''prodt1cer'' shall n1ean a farmer of livestock and poultry; (10) ''ski11'' shall mean the ot1ter covering of a sl1eep or goat; .--------* INTRODUCTORY FOOTNOTr::
(
I
Corr. 23/24 (1964) C. 58 (English only).
- 842 i,
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.AGilICULTURE
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(11) ''trader'' shall mea11 a mercl1ant in livestock, potiltry, meat, eggs and by-products. 3. Power of the Boarcl: TI1� Boa.rel shall l1ave and exercise such power to control .a11d regulate tl1 e prodtict1.on, use, possession, move111ent, sale, jmport and export of all livestock, potiltry, meat, eggs ancl by-proclucts as may be 11ecessary to carry out its objects and purposes, inclt1ding a11d without limitation the power: (I) to co11str11ct, ow11, lease and operate farms, warehouses, markets, mar
ket places, compounds a11d stock ponds, in places where such ·faci lities are required but have 11ot bee11 provided through i11itiative of private enterprise and to encot1rage the establishn1ent in such places of adequate processi11g facilities;
(2) to borrow, le11d, n1ortgage, pledge and dispose of moveable a11d im
moveable property;
(3) to designate and direct livestock and poultry markets; (4) when requested and in accordance witl1 sucl1 request by the Veteri nary Services, to organize and operate the quarantine stations for use i11 the export and import of livestock, poultry, meat, eggs and by
products;
(5) to demarcate and establish livestock routes with watering points and reserved grazing area to enable livestock to be moved from prin1ary markets to processing facilities and central transportation, points, jn the best possible condition; (6) to introd1uce measures designed to expand and improve tl1e livestock, poultry, meat . and egg industries generally, and in particular, but without .limitation, to recommend to the Government to protect pro d11cers and processors from excessive taxation or other impositions which tend to stifle and impede the expansion of trade in these com modities; (7) to propose to the Government to fix livestock, poultry, meat, eggs and by--products floor prices when considered necessary for the na tional economy; (8) to draw 11p and establish reliable weighting procedures and grade spe cifications for livestock, poultry, meat, eggs, and by-products and en force the same; (9) to fix, impose and collect fees on all livestock, meat, poultry, eg.gs and by-products processed in or exported from Ethiopia� provided. however, -chat in no event shall such fees excee·d th:e following rates� - 843 -
•
IA P IO H T E F O S W A L D E T A ID L O S N CO
24-4
Hides
Cattle
Skins
Sheep & Goats Pigs
$ 0.20 p•eir l1ide $ 0.08 IJer skin
Live
$ 1.50 per ]1ead
Sla11ghtercd
$ 1.50 per hec1d
Live
$ 0.40 i?er l1ea.d
Sla11gl1tertd
$ 0.40 per ]1ead
Live
$ 1.50 per bead
Slaugl1tered
$ 1.50 per head
Camels
$ 1.50 per l1ead
Horses
$ 1.50 per head
Mules
$ 1.50 per l1ead
Do1tlceys
$ 1.50 per head
Po11ltry Eggs
Live
$ 0.02 pe:r h·ead
Slaughtered
$ 0.02 per l1ead
f
$ 0.01 per dozen
(10) to fix, impose and collect fees on all livestock and poultry using facilities of any sort provided by the Board, whether livestock and po11ltry markets, water sui.=ply centres, stock routes and ponds, qua rantine station, slaughterhouses and other processing facilities; provid ed, however, that such fees shall be fixed upo11 a lioiform basis and shall reflect, as nearly as possible, the cost and valL1e of tl1e services and the facilities being provided to the users tl1ereof, having due regard to the need to expand and finance the expansion, maintenance and improve1nent of such services and facilities; and (11) generally take s11ch measures a11d recommend sucl1 regulations as shall seem appropriate to realize the p11rposes of tl1e present Proclamation. CONSOJJIDATION NOTE Corr. 23 /24 (1964) C. 58 (Englisl1 only).
4. Fu11d (1) There sl1all be establisl1ed a. fund which shall consist of: (a) all monies collected fron1 fees cl1arged on all livestock, poultf)', meat, eggs and by-proC:ucts; -844 -
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AGRICULTURE
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(b) contribt1tio11s or clo11ations as may, from ti1ne to ti111e be made to the ft1ud; and (c) any s11bsidy !Jtovided by .tlJe Govern1nent. (2) Such ftmd sl1all be lodged witl1 the Natio11al Bank of Ethio1Jia in a separate de1Josit acco11nt in tl1e 11ame of the Board,. wl1ich shall be responsible for the expendit11re of the f11.nd to effect the objects and p11rposes of tl1is Procla1nation in accorda11ce with an Ann11a.l Budget. (3) Tl1e Board shall keep an acco1rnt of receipt and disbursement; and shall render s11ch state111ents of reven-11e and expenditure as Our Audi· tor General 111ay require. (4) Within ·three (3) 111011ths after the expiration of each year, the Boa.rd shall prepare a state111ent of receipts and disburse111ents during the previous year. Every such statement shall be sub ject to audit and sl1all be publisl1ed in tl1e Negarit Gazeta. 5. Regi,lations Our Minister of Agriculture may, upon the recommendation of the Board, issue regulations for the better carrying out of the provisions hereof. 6. Penalty Any person wl10 violates tl1e provisio_ns of this Proclamation or of any regulations iss11ed in accordance with it, sl1all be p11nished i11 accorclance with the provisions of the Ethiopian Penal Code of 1957. CROSS REFERENCE Pen. C. 16 /Ex. 1 (1957) Arts. 354, 360.
7. Repeal Unless otherwise exppressly provided in this Proclamation, all Proclama tions, decrees or regulations previously in force concerning matters provided for . in this Proclamation, whether written or customary, are hereby repeale d. 8. Effective Date This Proclamation shall enter into force on the date of its Publication in the N egarit Gazeta. - . Done at Addis Ababa this 14tl1 day of March, 1964. - 845 -
PJA lO l IT E F O S W A L D E T CoNSOLlDA
24-5
23 / I 9 (1964) L. 289
*
E H T O T T N A U S R U P D E U S S I ' S REGULATION D R A O B T A E M D N A K C O T S I.JIVE PROCLAMATION, 1964 1. TJ1ese Regulations are issued by the Minister of Agricullure pursuant to authority vested i11 him by Article 5 of tl1e Livestock a11d Meat Board Proclama tion, 1964 (Proclamation No. 212 of 1964) and in accordance with the recommen dations of the Board. 2. These Regulations n1ay be cited as the ''Livestock and Meat Board Fees Regulations. 1964''. 3. There is J1ereby in1posed on all livestock, meat, poultry, eggs and by-pro ducts processed i11 or exported frorn Etl1iopia fees at tJ1e following rates: (a)
(b)
I. Hides 2. Skins 3. Cattle (live) 4. Sheep & Goats (live) 5. Pigs (live) 6.. Camels 7. Horses 8. Mules 9. Dorlkeys 10. Poultry (live) 11. Eggs
1. 2. 3. 4.
Cattle (slaughtered) Sheep & Goats (slaugl1tered) Pigs (slaugl1tered) Poultry (slaughtered)
$ $ $ $ $ $
$
$
$
•
$
$
0.15 per hide 0.06 per skin 1.00 per 11ead 0.20 per head 0.75 per head 1.00 per head 1.00 per head 1.00 per head 1.00 per l1 ead 0.01 per l1ead 0.005 _per dozen
$ 0.75 J)er l1ead $ 0.20 per l1ead $ 0.75 per l1ead $ 0.01 per l1 ead
4. The fees as i11 dicated iI1 (a) sl1all be pajd by tl1e processors and exporters at the tin1 e of eXJ)Ort to tl1 e Ct1stoms Department. a11d tl1 e fees as indicated in (b) shall be paid by tl1e {Jrocessors and exporters to tl1 e Li\'estock and Meat Board Officers, and these fees shall be dealt witl1 a11d accou11ted for in tI1e manner set out in Article 4 of the Livestock and Meat Board Procla111ation, J 964. CONSOLIDATION NOTE Corr. 23 /24 ( 1964) C. 57 (English only).
,:, IN'fRODUCTOitY FOOTNOTE Corr. 23 /24 (1964) C. 57 (English 0111)').
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AGRICULTURE
24-5,6
5 . '"fhe Regttlation shall co1ne into force on tl1e date of its publication jn the 1Vegar1t. Gazeta. Done at Addis Ababa this 19tl1 day of June, 1964. 28/8 (1969) L. 359
REGULATIONS ISSUED PURSUANT TO THE LIVESTOCI{ AND MEAT BOARD PROCLAMATION, 1964
1. lssi1i11g Authority: Thes � Regulations are iss11ed by the Minister of Agriculture upon the �eco?lmendat1�n of the Livestock and Meat Board pursuant to authority vested rn h.llll by Article 5 of the Livestock and Meat Board Proclamaion, 1964 (Procla n1ation No. 212 of 1964) (the ''Proclamation''). 2. Sl1ort Title: These Regulations may be cited as the ''Livestock and Meat Board Export Per1nit Regulations. 1969''.
3. Defi11itio11s: In these Regulations unless the context otherwjse requires, the words Board, by-product, fee, hide, livestock, meat, poultry, processor, skin and trader shall have the meaning as set forth in Article 2 of the Livestock and Meat Board Proclamation No. 212 of 1964.
4. Export - Perniit: No person shall export from Ethiopia any livestock, poultry, meat, eggs (i11 sl1ell, liquid or dried), hides, skins or other by-products rmless such person is in possession of ,1 valid Export Permit isst1ed by the Livestock an.d Meat Board. 5. Issuance of Export - Permit: (I) Subject to sub-paragra.ph (3) hereunder the issue of every Export Per mit under Article 4 of these Regulations shall be ait the discretion of the Board and subject to such conditions and restriction.s as the Board may from time to time determine, and m.ay i· nclude inter alia, the deli mitation of areas in which export permit holders may operate. (2) Every Export Permit issued under Article 4 of these Regulations shall be valid for two (2) years and may be renewed at the discretion of the Board. An Export Per1nit already granted or renewed may, in accordance with sub-paragraph (3) hereunder, be withd.rawn, canGelled, revoked o ·r modified. (3) Conditions for issuing and withdrawing or cancelling of Exp·ort Per mits shall be as follows: - 847 -
'
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24-6,7
TI-llOPIA E F O S W A L D E T A ID L CONSO
ct od 1 tl pr al or he d/ y an d � ng � au ti ke ar m e th of t en em g . ra ·(a) Encou , es ins and other id sk h , gs eg t, ea m y, tr 11l po k, oc st hig]1 quality live by-proclucts. y tr n in ul ai po rt ce d an k oc st areas. ve li of n io et (b) Protection from depl les, regulations a11ct ru e th of er ad tr d an r so es oc pr (c) Observa11ce by p d d an ar al tu Bo nc he t y pa by e 1 l is � bl ta es � d an ed standards issu : ce an ith rd w e co th ac 1J1 d 1e sl 1 Probl ta es es fe ed ib cr rnent of pres cla1nation. (4) Every person required to be provided witl1 a11 Export Permit under these Regttlations shall produce the san1e on tl1e d. emand of an autho rized officer of the Board. 6. Any person \.Vho exports from Etl1iopia any of the prod11cts enumerated i11 Article 4 hereof witho11t being in possession of a valid Export Permit shall be subject to punishn1ent iI1 accorda11ce with the provisions of Article 6 of the Proclamation. 7. These Regulations shall co1ne into force after three montl1s from the date of tl1eir publication in the Negarit Gazeta. Done at Addis Ababa this 11th day of February, 1969.
B.. G·rain 3 I 6 (1944) P. 48*
A PROCLAMATION TO PROVIDE FOR THI➔: REGISTRATION OF FLOUR MILLS Al\1-:0 TIIE PROPER SCREENING OF GRAIN CON.QUERING LION OF TI-:IE TRIBE OF JUDAl{ HAILE SELLASSIE I "' ELECT OF GOD, EMPEROR OF E1 I-IIOPIA le 34 of Our Constittrt1·011 we a1Jprove tbe resoIu· In accordance ,vith Artic · . . . s o f enate and the Chamber of Deputies and w e procl aim ur t1ons o · as .f·o11.ows: CONSOLIDATION NOTE · • · The Constitution refen·ed to l1ere is the Constittltion · of 193 I. This Constitution ,vas re1Jealed and re1Jlaced by tl1e Revised Co st"t . l o f 1955 15 i tOi .. 149, 1 Cons�!. P ) 55 (�9 /2 , ·_ u� i1 . utio L. Eth. 1. Tl1e Article of tI1e Ilevi sed co:st1t pai allel to tl1e cited Article of tl1e 19J 1 Co11stitt1tion is Article 88.
1. This Proclamation may be cited as the , 'Reiristra tio11 and Control of ..., ot1r .. M ills Proclamation, 1944''. Fl 2. In this Proclamation . . ''flour mill'' does not incltlde a liancl mill or. a flot1r llllll wh1cl1 does not produce flour for sale. ''.' INTRODUCTORy FOOTNOTE A,ncl. 4/9 (1945) P. 76; 1111pl· an1cl· Pen· C · 16/E�x. I ( 1957).
- 848 -
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AGRICULTURE
3.
24-7
(i) Every owner, occupier and• lessee of a flour mill shall register his flour n1ill within 30 da.ys of the coming jnto force of this Procla1nation by depositing- with tl1e Minister of Collll11erce and Industry the completed form set 011t in the Scl1ed1tle to this Proclamation. (ii) A fee of Etl1. $ 10.00 shall be chargeable on registration.
CONSOLIDATION NOTE 1-lnzd. 4/9 (1945) .P. 76, Scl,ecl. C. Art. 4 (a), 15 Corzsol. L. Eth. 1, Sched. C. Art. 4 (a).
4. N· o person shall grind flour fron1 grain wl1ich contains more than 18 seeds of lolium per 300 seeds of grain or which contains da11gerous quantities of other substances known to be noxious. 5.
(i) Any person authorized in writing in that behalf by the Director-Ge neral of Medical Services 1nay enter a11y flour mill at all reasonable times for the purpose of ascertaining wl1ether the provisions of this Proclamation are being contravened. (ii) Such person may, at any time, take for analysis sufficient samples of any grain which he suspects to contain lolium or other noxious subs tances. (iii) Any person who refuses to permit such an inspector after production of Iris authority to enter any flour mill or obstructs such an inspector in the discharge of his functions shall be liable on conviction to the penalty provided in the Penal Code.
CONSOLIDATION NOTE Al'rzd. 4/9 (1945) P. 76, Sched. C. Art. 4 (a), 15 Corzsol. L. Etfz. 1, Sched. C. Art. 4 (a); inipl. anid. Pen. C. 16/Ex. 1 (1957) Art. 433, (which provides for penalty for resisting a public servant in the exercise of his official duties).
6. Any person who contra·venes the provisions of this Proclamation is g uilty of an offence and shall be liable on conviction to punishment in accordance with the provisions of the Penal Code. CONSOLIDATION NOTE
A1nd. 4/9 (1945) P. 76 Sched. C., Art. 4 (a), 15 Consol. L. Eth. 1, Sched. C, Art. 4 (a) i111pl. amd. Pe11. C. 16/Ex. 1 (1957) Art. 428, (wltlcl1 provides for penalties for infraction of rules co11cerning compulsory registration) and Art. 511 (which provides penalties for the manu facture of food which contains injurious or damaged ingredients).
SCHEDULE REGISTRATION FORM 1. Name of owner, lessee or occupier of the mill. 2. Where mill is situated. 3. Type of machinery used in the mill. 4. By what power driven.
5. What provisions for screening exists. - 849 -
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24-7,8
T1·110P1A E F O S W A L D E T A ID L CONSO
y er in ev t respect an d ec rr co e ar s ar ul ic rt pa e ov ab e I iiere .b · Y certJ.··f.� that th. . . 1· a content of less than itl w lr Ot two fl e duc pro tl1at tl1e above- 1 11ent1oned mill \Vtll per ce11t (2 %) of Iolium by weigl1t. Done at Addis Ababa this 29th day of February, 1944. 9 /9 (1950) P. 113 *
A PROCLAMATION TO CREATE AN ETIDOPIAN GRAIN BOARD CONQUERJNG LION OF THE TRIBE OF JUDAH HAILE SELLASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA In accorda11 ce with Article 34 of Ottr Constitu1tion We approve the resolu tions of Our Senate a11d. tl1e Chamber of Dept1-ties a11d We accordingly proclaim as follows: CONSOI�lDATION NOTE The Constitution • referred to l1ere is the Constitutio11 of 193 J. This ConsLitution was re1Jealed and replaced by tl1e Revisecl Co11 stitt1tio11 of 1955, 15/_2 (1955� P. 149, 1 Co11sol. L. Et/1. 1. Tl1e Article of tl1e Revised Constitutio11 JJarallel to tl1e cited 1\rt1cle of the 1931 Cons titution is Article 88.
1. This Proclamation shall be cited as tl1e ''Etlliopian Grain Board Pro cla111aition., 1950'', ,tnd shall come into operation fron1. tl1e date of its publication. 2. Tl1ere is l1ereby created an autonom.ot1s agency of t11 e Ethiopian Imperial G·overn1ne1 1t, wl1ich ,sl1 all be known as tl1 e Etl1iopian Grain Board whicl1 sha.ll l1ave as its 1 11embers the Ministers of Agrict1lt11re, Co 111 111erce and Industry, a.nd Fjnance, tl1e Goven1or of tl1e National Bank of Ethiopi,1, ·and tl1 e Managing Di rector of the Development Ba11k of Etl1iopia, who sl1aJl be 1ne1nbers ex-officio, and two other 1nembers to be appointed by Us. The Minister of Commerce and Ind11stry shall be cl1airman. Decisio11s of tl1e Board sl1all be taken by a n1ajority vote of all tl1e members including the chairman. CONSO.LlDATJON NOT.E ln1pl. a111_d . 10/7 (1951)_ P. 116 f\rt. 15, 15 Co1.7sol. L. Et/ 1 . 2, (creating Develo1.Jn1ent Bank
as successor to for1ner Agr1cultt1re a11d Co111 n1 erc1al Ban.k, of \Vl1icl1 tl1e governor served on _ tl1e . G1 :a1 n Board); 22/20 (19 �3) P. 206,_ 15 Consof. L. Et/1. 4, creati11g tl1e Natio1 1al Ban]( of . of the State Bank of Etl1 iopia of ,vhich Etl1 101J1 1:1 to take ?�er tl1e national banl< 1 11g functions the Gover11or or1g1nally served 011 tl1e Grain Board).
3. Tl1e purpose for which tl1e Etl1io1Jia 1 1 Grain Board is created and tl1e objectives toward wl1ich its JJowers shall be 11tilized are: (a) To _111a_xi1nize tl1e e �port of grai 1 1s, flot1r, ptilses a1 1d oil seeds from _ Eth1op1a at econon1 1c pric es. (b) To protect tl1e foreign excl1a 11ge position of tl1 e nation. (c) To in1 prove tl1e quality and grac1e of grai 11 s, flotir pulses a 11 d oil seeds exported fro1n Etl1iopia. ---------* INTRODUCTORY FOOTNOTE Ext. to Eritrea 12/2 (19j2) P. 128; a111cl. 17/4 (1957) D. 30 as aJJP 19/5 (1960) N.A. 4: in111l. an1cl. 10/7 (1951) P. 116, 22/20 (1963) P. 206, Jlen c. 16/Ex. 1 (1.957) .
- 850 -
•
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24-8
AGRICULTURE
4. Tl1e Ethiopia11 Grai11 Board is ]1ereby empowered to: (a) Regulate the _prices i11 Etl1iopi,1n dollars at wl1ich grain, flour and oil seeds may be purcl1ased. and sold for export or for don1estic con st1mption. (b) Designate co11ntries to wl1icl1 grai.11 and oil seeds 1nay or may 11ot be exported. '
.
(c) Cou11se] witl1 the Mi11ister of Agric11lture witl1 respect to the advice to be gi ve11 by the Ministr·y of Agric1tlture to grajn, pulses and oil seeds producers co11cer11i11g quantity and types of seeds to be planted a11d general pla1rting ,111d marketi11g problem.s. (d) To license qua]ified applica:nts to clea11 and grade grain, flour, pulses a11d oil seeds and to charge and collect for such licences jnitial fees for first year of operation under each of sucl1 licences and annual renewal fees thereafter as follows: /11itial fee
Anni,al fee
In Addis Ababa
$ 1,000
$ 75.00
Elsewhere in Ethiopia
$
500
$ 75.00
Power to license shaJl include the power to fix tl1e terms and condi tions of the licence; to refuse to licence, and to cancel, modify and revoke such licences. CONSOLIDATION NOTE Amd. 17/4 (1957) D. 30 Art. 2, as app. 19/5 (1960) N.A. 4.
5. Issue regul::1tions necessary to carry out the provisions of this Proclama tion, including, but not limited to, the following: (a) To establish minimum standards applicable to grain� flour, pulses and
ojJ seeds to be exported from Ethiopia, including, but · not limited to standards of cleanliness, quantity, types and specific gravity.
(b) For the establishment, maintenance and operation of facilities for the cleaning and grading of grains, flour, pulses and oil seeds. (c) Requring the certification by an agency, corporation. firm, person or assocation of grains, flour, pulses and oil seeds for export pursuant to regulations and licence issued by t�e Ethiopian Grain Board. (d) Fixing the fees or charges to be made for the services rendered pur suant to reg,ulations issued hereunder.
- 851 -
24-8,9
TI·UOPIA E F O S W A L D E T A ID L O S CON
6. The export of grains, flour or oil seed� fr?m Et�opia is hereby pro�ibited except pursuant to licence issued by the Ethio:p1an Gram �oard. The ��ropian Grain Board n1ay grant to any person, corpor_ation_ agency, firm or asso�1at1on a11 exclusive, partially exclusive or non exc1us1ve licence. to_ export_ gram or oil seeds from Ethiopia to any foreign country as the Eth1op1an Gram Board may decide. 7. No person, corporation, agency, fi11n _or asso_ciation sha�l _ clean _and/or grade grains, pulses or oil seeds for compensat1on, or issue � certifi� ate with res pect to grains or oil seeds for export except pursuant to licence issued by the Ethiopian Grain Board. 8. Any person, corporation, firm or association who violates the provisions of this Proclamation is guilty of an offense and s11all on conviction be liable to punishment in accordance with the provisions of the Penal Code. CONSOLIDATION NOTE 1111.pl. c111id. Pen. C. 16/Ex. 1 (1957) Arts. 364-65, (wl1ich provide penalties for violation of provisions concerning the exportation of products subject to licence).
Done at Addis Ababa this 29th day of May, 1950. 10/ 12 (1951) L. 158
REGULATIONS ISSUED PURSUANT TO THE GRAIN BOARD PROCLAMATION, 1950 T �ese Regulations _ are issued by the Ethiopian Grain Board pursuant to ,tuthonty vested by Article 5 of the Grain Board Proclamation, 1950 (Proclama tion No. 113 of 1950). 1. These Regulations may be cited as the ''Grain Board Regulations, 1951''. 2. �en �sed in these Regulations or in any rulings, orders, licences or . 1nterpretat1ons issued by the Board: (a) ''License � Grain _ Cleaner'' means any person, natural or juridical, who holds a licence issued by the Board to clean grains, oilseeds, pulses, or cattlefeed; (b) ''Licensed :exporter" 1neans any person, natural or j11ridical, who holds _ a licence issue� �y the Board to export grains, oilseeds' pulses or flour from Ethiopia; (c) �Licens7d Miller'' means any person, nat11ral or j11ridica1 \.Vl10 holds a cence issued by the Board to certify flour for export; (d) ''Board'' means the Ethiopian Grain Board•,
(e) ''grains'' shall include wheat, barley, maize and durrah·
(f) ''oilseeds'' shall inclu �e niger (neug), sesaine, sunflower, rape (colza) castor, mustard and linseeds·, - 852 -
I l
AarucuumE
�9
(g) ''p?lses '' shall include p eas, h . aricot beans, I1orseberu1s , lentils and chickpeas ; (h) ''flour'' sl1all i11clude flour or meal ground from any grain or pulse; (i) ''cattle feed'' means infested, rej ected or otherwise defective grains _ and p11lses s1utable 011ly for animal consun1ption; , , (j) ''sampI e means : (i) with respect to grain s , oilseecls, pulses or cattle feed, a one kilo gram representative quantity drawn jointly by the owner and the Licensed Grain Cl eaner for analysis purposes from the bulk lot �f . any grain, oilseeds, p11lses or cattle feed for which the impu r1t1 es are to be comput ed by spearing at random ten percentum of the bags cleaned; (ii) witl 1 res pect to flour, a 500 gram representative quantity drawn for analysis purposes from the bulk of any flour to be analysed by spearing at random ten percentum of the bags . 3. All rulings, orders, regulations, licences, instn1ctions or interpretations issu ed pursuant to the powers granted by the Ethiopian Grain Board Proclama tion, 1950, shall be issued in the name of the Board over the signature of its chair man and shall become effective upon signature unless a diff erent effective date is specified in the document. Such documents, e xcept those pertaining to particl1lar transactions, or particular p ersons, shall be printed in the Negarit Gazeta. 4 All Licensed Grain Cleaners are required to apply the following definitions and s tandards in cleaning and certifying all grains, oilseeds, pulses and cattle feed; (a) Wheat
•
In computing the percentage of impurities in any lot of wheat, only 50 % of farinaceous foreign matter in the sample shall be regarded as impurities; however the full weight of non farinaceous fore ign matter in the sample shall be regarded as impurities. For the pu.rpose of this su, bsection (a): (i) ''farinaceous foreign matter'' shall include any grain (other than wheat) or pulses capable of being ground into :flou.r; (ii) ''non farinaceous foreign matter'' shall include lolium temulentum and other weed seeds as well as stones, earth, sticks, straw, dirt, dust or other material not capable of being ground into flour. (b) Oilseeds
.
In computing the percent�ge of impurities_ in any Io� of oilseed�, only fifty p er cent of the- ·we1ght ?f all_�leagmous foreign matte r _ in the sample shall be. reg�ded as 1mpur1ties; however, the full weight of non oleaginous foreign matter ID: the sa�ple shall be regarded as impurities. For the purpose of thts subs.ection (b): (i) ''oleaginous foreign matter'' sh?-11 in�lude oilseeds of a type other than that of the oilseeds contamed m the bulk of the lot;
- 853 -
THIOPIA E F O S W A L D E T A 1D L O CONS
24-9
. all include any material s otller sl1 er'' uatt 1 gn forei us 1no (ii) non o1eag r h , um '' 11t ule m iu tem lol d an s, lse pu ot ins . a gr e tha11 oilseeds, su ch as ' · earth, st.·1cks, s traw, ct·irt· or dust. weed seeds as well as stones, (c) Other grains and pulses · lot of any in i11s gra s itie pur in1 of (other e tag cen per e th g coin 1 0 . putm n fari of aceous foreigi1 ght wei t11e of 01 50 only s se ul , 1° p or ) eat h . than w • • • . · . r, the , 1 1 t1es ur1 eve mp ow 1 as . th ed ard reo full matter 111 e sample shall be � • we1· ght of non f,r: ,L 111aceous foreign matter m• the sa 1np I e s haI I be regarded a.s impurities. For tl1e purpose of this subsect ·ion ( c) : (i) '' farinaceous foreign 111atter'' shall include any �a in ?r pulse of a type other t11an that o� the grain o_r pul�e c�nta1 ned 1n the bulk of the lot ca pable of being ground int o flo ur, (ii) ''non farinaceous foreign matter'' shall include Joi� L11n temulent�m and otJ1er weed seeds as well as stones, earth, sticks, straw, dirt, du , st or other material 11ot capable of being grot1nd into flour.
(d) Cattle feed
111 con1puti11g the percent�ge of i1np11rities in an)' lot of cattle feed, onl y n.on farinaceous foreign matter in tl1e sample such as stones, earth, sticks.. dirt, dt1st or otl 1er material not suitable for animal co11su1nptio11 sl1all be regarded as impurities. 5. Every Lice11sed Grai11 Cleaner is required to issue for every separate lot or grain: oilseeds, pul ses or cattle feed cleaned by him a certificate in tl1e fonn provided i11 Scl1edule A (Export Certificate), if for export, or in the form provided in Schedule B (Don1estic Certificate), jf for domestic consun1ption. 6. Ever)' Lice11sed Mill er is required to issue for every separate lot of fl our 111illed by l1jm for ex port a certificate in the form provided in Scl1edule C (Export Certificate). Srucl1 certificate shall conform to an analysis of sa111ple n1ade by a qualified cl1emist i11 accorda11ce with standard analytical procedt1res. 7. Lice11sed Grain Cl eaner are required to clean all grains, oilseeds, pulses and cattlefeed. offered for that pt1rpose by the pt1blic. Lots offered for cleaning shall be clea11ed in tl1e order i11 wl1ich tl1ey are delivered to the Lice11sed Grai1 1 Cl eaner. 8. Each Export Certificate sl1al l be iss11ed in six duplicate for distribution as follows: (a) the original. �nd first copy shall be delivered by tl1e Licensed Grain Cleaner or L1ce11sed Mil ler in tl1e first instance to tJ1e owner of the grains, ?�seeds, pt1_lses, c,1ttle feed or flour or I1is autl1orized age11t. Such or1g�al a?d first copy s11::tll tl1er.eafter be transferred to tl1e b11yer or tl1e g�a111, oilseeds pulses, cattle feed or flottr covered thereby and sl!all ult1matel_y �e tra11sferred to tl1e purcliaser abroad or his banker w1tl1 other sl11pp111g docw11ents such as the Ocean Bill of Lading; (b) the second copy sl1al l be retained by the Licensed Graiii Clea.ner or Licensed Mill er; - 854 -
I
24-9
AGllICULTURE
{c) tl1e _third copy sl1all be delivered i11 the first insta1 1ce by tl1e Licensecl Cleaner or Lice11sed Millerr •to tI1e owner or 11is at1thorized Grain : age �t ; th�reaft�:r, st1cl1 tl1ird copy s11,111 be tra11sferred to the buyer . . of tl1e g:a1ns, oils eeds, pulses, cattle feed or flot1r covered thereby and. sl1all t1lt1n1ately be re tained by the person who cat1ses st1cl1 grains, oil seeds, pt1ls es, cattle feed or flour to be exported from Ethiopia; (ct) t�e fot1rth ancl fiftl1 copies shall be delivered i11 the first instance by L1ce11secl G.rai11 Cle aner or Licensed Miller to the owner or l1is autho rized age nt _; tl1ereafte.r, such copies shall be transferred to the bt1yer of the gra111s, oilseecls, pt1lses, cattle feed or flot1r covered thereby and shall t1ltimately be pr ese1 1ted to c11s to1ns at t11e ti1ne of export. 9 .. Each domestic certificate sl1c:1ll be issued i11 duplicate. Tl1e original shall be delivered to the ow11er a11d tl1e copy shall be reta.ined by the Lice11sed Grain Cleaner of Licensed i\1iller. 10. All gr,1ins, oilseeds, pulses, cattle feed or flot1r for which 1:1:n EXJ)Ort Cer tificate is issued sl1all be placed in bags wl1ich slia.11 be sealed witl1 a 1netallic seal or plate, wl1icl1 sl1all bear the name of the Lice11sed Grain Clea11er or Licen sed Miller and the number of tl1e certificate. The thread u · sed for closing any part of the bag shall b e all of one piece. Special arrangen1e11ts mt1st ·be made with the Board wl1er e it is desired to export grains, oilseeds, pulses or catt] e feed in bulk. 11. Except pL1rsuant to special permission granted by the Board, grai11s, oil .seeds, pulses and cattle. feed shall be .bagged to prod11ce tl1e following standard g·ross w eights : grains, puls es, cat tlefeed oilse e ds (o t her than niger and castor) njger and castor see ds decorticated groundnL1ts
101 91 86 81
Kilogra,nmes Kilogrammes Kilogrammes Kilogrammes
per per per pe r
bag ·bag bag bag
Special pernlissions to bag grains, oilsee ds, pulses or cattle f ee d in larger amounts may b e obtained from the Board wher e the laws of a n intended import ing country allow la•rger quan1ities' to be placed in a single ba g. 12. Licensed Grain Cleaners are authorized and require d to destroy all lo liuro of other noxious weed seeds extracted from grai11s, oi!see ds, pttlses or cattle f eed cleaned by them. .
13. The maximum f ee or charg e for cleaning grains, oilsee ds, pulses or cattle feed be those shown in Schedule D. 14. Custo1ns officials are hereby aiuthorized and directed to prohibit tl1e exporta tion of any grains, oilseeds, .�ulses, cattl� feed. or flot 1r not covered by an authentic copy of the export certificates prov1ded 1n Paragrapl1 5 and 6 and Schedule A and C hereof. 15. Appropriately designated r epresentatives of the E tl1.iopian Grain Bo· ard are hereby authorized to inspect ancl control at any reasonable time and place - 855 -
24-9
CONSOLIDATED LAWS OF ETHIOPIA
any grains, oilseeds, pulses, cattle feed or flour certifie� by a Licensed Grain Cleaner or Licensed Miller as conforming to these Regulations. 16. The pena1ties provided in the Ethiopian Grain Board P!oclamation, 1950, are applicable to any violation of the provisions of these Regulations.
SCHEDULE A Certificate No. . .............
EXPORT CERTIFICATE OF CLEANLINESS OF ETHJOPIAN GRAINS, OILSEEDS PULSES OR CATTLEFEED I/We, ....................................................................... a Licensed G·rain cleaner under the provisions of the Ethiopian Grain Board Proclamation, 1950. hereby certify that the lot of ................................ ..... ..... .............. . described below ha.s been cleaned and has been determjned to contain not more than .............................. impt1rities. Description : BAGS No. •
•
•
•
•
I • •
•
o
e
o
•
•
0
•
♦
•
•
•
I
Weight •
•
•
•
•
•
•
0
•
•
•
•
•
•
•
•
•
•
•
• •
•
•
•
•
•
•
♦ 0
•
Marked
•
(date) • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •• • • • • • • •• • • •
• •
• •••••••• •••• ••••
Licensed Grain Cleaner
• ••
Licence No. ............. CROSS REFERENCE Pen. C. 16/Ex. 1. (1957) Arts. 364-65, 428, 511, 512.
SCHEDULE B Certificate No. ............. .
DOMESTIC CERTIFICATE OF CLEANLINESS OF ETHIOPIAN GRAINS, OILSEEDS, PULSES OR CATTLE FEED I/We, · · · · · · · · · · · ·· · ·· · · · · · · · · · · · · · ·· · · · • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • a L1· censed Gram· Cleaner under the provisio11s ·or tl1e Etl1iopian Grain Board Proclaination, 1950, he r,eby ceirtify that tl1e lot of ...... ..... . ..... .... ..... .... . ... . . ..... .. . . ... . . .. . . . . . described below has bee11 cleai1ed a11d '11as been detem1i11ed to contain 110t more •
•
- 856 -
AGRICULTURE
24-9
tl1an • • • • · · ·: · ·: • • • · · • • • • • • ........ impurities an d has a specific gravity of ................... Descr1ptlon : BAGS Weight
No.
Marked .
•
♦
•
♦
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•
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(date)
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#
•
Licensed Grain Cleaner Licence No. .............. .
SCHEDULE C EXPORT CERTIFICATE FOR FLOUR I/We, ..................................................................... a Licensed Miller under the provisions of the Ethiopian Grain Board Proclamation, 1950, hereby certify that the lot of . ... ... .. .... . ....... ..... ...... ............... ... ... ............. described below has been determined to contain moisture not in excess of ....................... . Percent, ashes not in excess of ................................................................. . percent and gluten of not less than ........................ Description :
BAGS
\
Marked
Weight
No.
. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .
(date)
• • • • • • • • •• • • • • • • • • • • • • • • • • • •• •
• ••
•••••••••• •••
Licensed Miller
•••••••• ••• ••••••••
•
Licence No. .............. .
- 857 --
24-9
CoNSOLJDATED LAWS OF ETHIOP1A
SCHEDUL,E D CLEANING AND GRADING FEES
Maximu1n Rates
Ethiopian dollars per quintal
Grains Grains wheat barley maize durrah
1.00
Pulses : peas haricot beans horse beans lentils chickpeas
1.00 1.00 1.00 1.00 1.00
Oil Seeds : 11iger (neug) sesame lineseeds s11nflower rape (colza) castor n1ustard
1.00 1.00 1.00 1.00 1.00 1.00 1.00
0.75 1.00
1.00
ETHIOPIAN GRAIN BOARD GENERAL LICENCE No. 2 Pt1rsuant to the powers granted to Etbiopia11 Grai 11 Board b)' the Ethiopian Grain Board Proclamation, 1950, and subject to tl1e Regulations issued tl1ereunder from time to time: (1) General Licence No. I, dated June 29. l 950� is l1ereb)' re,,oked. (2) Except as hereinafter provided i11 paragrapl1 (3), only tl1e folloViring n1ay be exported from Ethiopia; (a) wl1eat containing i111prurities not in excess of 3 �6; (b) oilseeds (other tha 11 castor seeds) containing in1pt1rities not in excess of 3%; (c) castor seeds containi11g 'i111purities 11ot in excess of I%; (d) other grains and pulses co 11taining i 1 11pt1 rities not i1 1 excess of 3 %; and - 858 -
AG.RI CULTUR'E
24-9,10
(e) cattle fe�d co 1;1taining i111pt1rities not in excess of 5% ; provided tl1at such gra111s, oilseeds, pulses and cattle feed l1ave bee11 certified for �x port by a Licensed Grai11 Cleaner in accor dance with regulatio11s 1ssued by the Board . (3) No� w .itl1sta11di11g t:he provisions of JJaragrapl1 (2) l1ereof, tl1e following gra1��' pulses, or cattle feed 1nay be exJJorted fron1 Etl1iopia witl1ot1t being cert1f1ed for export by a Licensed Grai11 Cleaner: (a.) grains, oilseeds, p11Ises or cattlefeecl produced in the region of and exported from, Acligrat, Adua a11d Dire Dawa on or before October 31, 1951; (b) grains, oilseeds, pt1Jses or cattle feed P . resented for export in perfor mance of a co11tract of sale (i) entered into prior to tl1e date on wl1ich thjs Ge11eral Lice11se becon1es effective and (ii) wl1icl1 does not contain ,1 .recj procal clause granting a proportional premium to the seller for grai11s, oilseecls, pulses or cattle feed tl1e analysis of wl1ich indicates a percentage of in1p11rities less than that specified in the contract. The existence of condition (i) and (ii) shall be verified. in each instance by tl1e Exchange Controller wl10 shall be authorized to certify to ct1sto111s tl1at no certificate of a License d Grain C.lea11er is required. ETHIOPIAN GRAIN BOARD GENE.RAL LICENCE No. 3 Pursuant to tl1e powers granted to the Etl1iopian Grain Boar d by tl1e Ethiopian Grain Board Proclamation, 1950, a11d subject to the Regulations issued thereunder from time to time, flo11r witl1 a hun1id ity not iJ1 excess of 12.5 % and ashes not in excess of 0.7% may be exported fro111 Ethiopia by licensed exporters provided that such flour l1as been certified for export by a Licensed Miller in accord ance witl1 regulations issued by the Board. Done at Addis Ababa this 27th day of August, 1951. THE ETHIOPIAN GRAIN BOARD (signed) By the Chairman 19 /8 (1960) G. 267 *
CHARTER · OF THE ETHIOPIAN GRAIN CORPORATION CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELLASSIE I · E.LECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS it is of the labours �f the world prices through
essential to provide an assured market where the products farmers of Our Empire can find ready sale at prevaili11g t,he establish111ent of a purcl1asing organizatio11; and * INTRODUCTORY FOOTNOTE
Amel. 23/16 (1964) 0. 35, 27/20 (1968) 0. 53.
- 859 -.
24-10
CONSOLIDATED LAWS OF ETHIOPIA
WHEREAS, it is desirable to encJurage the cultivation and export of cereals, grains, pulses, oilseeds and similar agricultural produce and the products there of; and WHEREAS, it is necessary to assist the farmers in improving the qualities and increasing the q1Uantities of thei1 produce by assuring to them fair prices for the same; NOW, THEREFORE, We hereb} order as follows:
I. Creation of the Ethiopian Grc.in Corporation: There is hereby created a coxporation with limited liability, which shall be known as the Ethiopian Gra.in C, Jrporation (hereinafter called the ''Corpo ration''). CONSOLIDATION NOTE Anicl. 23/16 (1964) 0. 35 Art. 2.
2. Object of the Corporation : The object of the Corporation is to encourage tl1e increased production of a.griculuural products throughout Ou1 Empire by stabilizing the market, improv ing the quality of agricultural products and by exporting agricultural products. CONSOLIDATION NOTE Anid. 23/16 (1964) 0. 35 Art. 2.
3. Powers of the Corporc1tion : The Corporation shall have all of the powers requisite and necessary to the achievement of its objective, inclucing, without limiting the generality of the foregoing power : (a) to organize, establish, administer and operate purchasing stations located at suitable places \'\ithin Our Empire; (b) to purchase agricultural products; (c) to sell for export agricultu�al products to other persons, co111paoies, corporations or agencies; (d) to export agricultural prod'lcts or to sell tI1e same in the domestic market; (e) to invest and ex�end money, goods, and otlier forms of capital, in t11e _ purchasmg, gradrng, pro �essing, milling, transporting, storing, selling _ and, g�nerally, engaging lil commerce, whether for profit or otherwise, of agncultural products; - 860 -
AGRICULTURE
24-10
c �ase, l10Id, sell, assign, transfer, n1o�tgage, pledge, lease, ex ����� r . any _ other man�er wl1atsoever dispose of land, leaseholds O . _ � d an �ny interest, estate a11d r1gl1ts, in real property situated within Our Emprre; (g) to sue and be sued; (f)
(h) t? enter_ into, make and perform contracts of every kind and descrip
tion W.tth any governme11t or any agency or sub-division thereof, or an y natural or juridical person;
•
(i) to 1?orrow money of any natural or juridical person and, from time to time, to dra �, make accept, endorse, execute and issue promissory notes, drafts, bills of excl1ange,. debentures and otl1er negotiable or 11on-negotiable i11struments and evidences of indebtedr1ess of all kinds, wl1ether secured or unsecured; (j) to buy, sell an d hold equipment, materials, supplies and services of
whatsoever nature; and
(k) to construct, equip and maintain buildings, works silos, storage fa cilities, grain elevators and other structures and machinery. CONSOLJDATION NOTE Anid. 23/16 (1964) 0. 35 Art. 2.
4 .. Pri11cipal Office of the Corporation:
(a) The· Corporation shall have its seat and principal place of b11siness in Addis Ababa. (b) The Corporation may have branch offices and purchasing, saJes and distribution facilities in such other parts of Our Empire and abroad as may be designated by the Board of Directors. 5. Capital of. t/1e Corporation: The capital of the Corporation shall be Eth. $ 15,?00,000 (Fifteen mj1lion Ethiopian dollars) consisting of 150,000 (one hundred . fif�y thousand) common shares with a ·par value of Eth. $ 100 (one hundred Ethiopian dollars) per share. The shareholders of the Corporation and tl1e amounts allocated to each of them shall be as follows : Shareholder 1. Ministry of Finance 2. Commercial Bank of Ethiopia 3. Ethiopian Investme.nt Conp.
No. of Shares Subscribed
Total Value of Share Eth. $
105,000 30,000 15,000
10,500,000 3,000,000 -1,500,000
CONSOLIDATION NOTE A1nd. 23/16 (1964) 0. 35 Art. 2, 27/20 (1968) 0. 53 Art. 2.
- 861 -
1
(
TI1IOP1A E F O S W A L D E T A CONSOLID
24-10
6. Boarcl of Directors of the Corporation: e e rd th D in oa B ed st of ve be ir l al sh c (a) All powers of tl le Corporation tors. .,
1 11e Board shall be con1posed as follows : (i) Chairman : to be elected by tl1e Board of Directors from a1nong themselves. (ij) Members: one representative of eacl1 �f the Ministries of Fi nance, Planning and Developn1ent, Agr1cul ture, Commerce and Industry, National Community Devel_opment, Con1mercia] Bank of Ethiopia a11d Invest111 ent Corporation. (b)
(i) The meetings of tl1e Board shall be convened by tl1e Chairman
a11d he shall preside over all meeti11gs at wl1icl1 he is present. In tJ1e abse11ce of the Cl1airman, the members shall elect a Chair111an for the meeting.
(ii) Four members of the Board sl1all constitute a quorun1. (iii) All decisions of tl1e Board shall require the af{ir1native vote of tl1e majority of n1embers present. In tl1e case of a tie, the Chair man s1,all have a second or casti11g vote. (c) Witl1out li1niting tl1e ge11erality of the foregoing, the Board of Direc tors is expressly authorized: (i) to make, alter and repeal tl1e by-laws of the Corporation� (ii) to adopt a con1mon seal for the Corporatio11 a11d to change or vary tl1 e same; (iii) to fix tl1e fiscal year of the Corporation; (iv) to a:ppoint and disn1iss the manager and to fix tl1e salaries and remunerations of all officers and employees of t11 e Corporation; and (v) to fix the amount of the annt1al dividends and tl1e date and 1nai111er of payme11t of the same. CONSOLIDATION NOTE A111cl. 23/ 16 (J 964) 0. 35 Art. 2, 27/20 (1968) 0. 53 Art. 2.
7. A[Jplicc1tion of Ge11eral Ethiopian. Legislatiori : Unless a pr?visio11 of •this CJ1arter shall be inconsistent therew ith and _ sl1all otl1 erw1se rec1u1re, the Corporation' its by-law ' s and oi)erat'ions s1 1a11 1n ..1 · a1· cases con· (orn1 and be sub'Ject to tl1e applicat ' ion o·f• pert·111ent l eg1s 1n · force · · 1 at1on j11 Our Empire. CONSOLIDATION NOTE J�er1.i1111. 23/ 16 ( 1964) O. 35 Art 2f, (the fort11er Art . 7 was reJ)ealed by 23/16 (1964) 0. 35 Art. 2f)
8. CorfJOration Si,bject to Rules arzcl Regt,lat1•011.s · of· tl1e Etlziopia11 Gra111. Board.
- 862 •
I �
AGRICULTURE en ":11d �ll operatio11s carried out by tl1e Corporation here All action ak � _ _ .1 under, nclu?.mg. without l11rutrng the generality of tl1e foregoing, the pLtrcl1ase a.nd sale _of agr1cultural products witl1i11 Ot1r E1npire and th e ex1Jorting fron1 Our _ e of E1np1r said _pro?uct �, sl1al] at all times remai11 subject to rules a1 1d regulations of �e11eral appl1cat1on 1sst1ed ·by t11e Etltiopia11 Grain Board purst1a11t to Procla mat1011 No. 113 of 1950, as a1ue11ded by Decree No. 30 of I 957.
Re1zi1111.
co·NsOL.lDATION NOIB 23/16 ( l964) 0. 35 Art. 2.
CROSS RErc.llENCE Etl1io1)ia11 Grai11 Boarcl Proc]an1ation, 9/9 (1950) P. l 13, 24 Co11sol. L,. l3;th. 8. Grai11 Board (A111e11dment) ., 17/4 (1957) D. 30 24 Co11sol. ]_., .Et/1 . 8.
9. Effecti\1e Date: Tl1is Ge. neral Notice sl1all come iI1to force, a11d the Corporation sl1all be deen1ed to acqt1 ire juridical existence, on the date of its publication in tl1e Negarit
Gazeta.
CONSOLIDATION NOTE
Re11itm.
23/16 (1964) 0. 35 Art.2.
Done at Addis Ababa tl1is 5th day of May, 1960.
C. Coffee 11/5 (1952) P. 121 * A PROCLAI\1ATION TO PROIDBIT EXPORT OF UNCLEANED AND UNGRADED COFFEE CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELLASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA In accordance with Article 34 of 011r Constitution We approve the Resolu tions of Our Senate and the Chamber of Deputies and We accordingly proclaim as follows : CONSOLIDATION NOTE
The Constitution referrecl to I1ere is the Co11stitt1tion of 1931. This Constitution was repealed and replaced by tl1e Revised C�11s�itutio11 of 1955, 15/_ 2 (1955� P. 149, I Corzsol. L. Et/1. J. The Article of tl1e Revised Const1t1t1on parallel to tl1e cited Article of tl1e 1931 Cons titution is Article 88.
1. This Proclamation may be cited as the ''Coffee (Cleaning and Grading) Proclamation, 1952''. * INTRODUCTORY FOOTNOTE E:-ct. to Eritrea 12/2 (1952) P. 128, Corr. 11/6 (1952) C. 28; an1cl. 17 /4 (1957) D. 2-9 as app. 19/5 (1960) N.A. 3; imp!. a,nd. Pen. C. 16/Ex. l (1957).
863 -
IOPIA H T E F O S W A L D E T A ID L O CONS
24-11 2. Definitions :
n who holds a rso pe y an an me all sh ' er' ad gr d an er an ed cle (a) ''Lice11s y str d du an In rce me under the m Co of y str ini M e th licence iss,ued by provisions of Section 4. (b) ''cleaned and graded coffee'' shall mean coffee w]lich has been clean ed and graded by a licensed coffee cleaner and grader and whic11 meets the specifications established by the Mi11istry of Commerce and Industry in regulations pron1ulgated by legal notice or circular from time to time. The specifications established by the Minister of Com merce and Industry shall be such as to raise the quality of Ethio pian Coffee and increase tlie demand therefor. . 3. After the effective date of this Proclan1atio11, no coffee shall be exported from Our Empire 11.nless it l1as been certified to be cleaned and graded coffee by a licensed co·ffee cleaner and grader; provided, that tl1e provisions of this Procla1natio11 shall not prohibit the export of coffee cleaned through experience in traditional methods, on licence, without n1echanical help . .
4. Tl1e Minister of Commerce and industry is hereby authorized and empowered to license qualified applicants to clean and grade coffee and to cha.rge and collect for such licences initial fees for tlie first year of operation under each of such licences and a.nnual renewal fees thereafter as follows: Initial fee In Addis Ababa
Annual fee
Eth. $ 1,000.00
Etl1. $ 75.00
500.00
75.00
Elsewhere in Ethiopia
Power to license shall include the power to fix tl1e terms and conditions of the license, to reft1se to license, and to cancel. modify and revoke such licenses. CONSOLIDATION NOTE Corr. 11/6 (1952) C. 28; a111d. 17/4 (1957) D. 29 as app. 19/5 (1960) N.A. 3.
5. A lic �nsed coffee cleaner and grader is a.uthorized and required to issue __ a certificate m tl1e form approved by tl1e Minister of Conunerce and Industry to the owner cleaned and graded coffee wltich has been cleaned and graded by him. 6. The Minister of Commerce and Industry 1 · · s aut] 1or1ze · d ,to i ssue regula. . . uons by Legal Notice or circular for th e carryr·ng out of th of this · e prov1s1ons · · . ProeI a.ma·ti on. - 864 -
'
t
AGRICULTURE
?· Any person wl10 _ �xports, or attempts to export coffee, not �ccoictance wilh �e proy1s io ns of thjs Proclam ations shall be liable to in_ accord ance _ WI!h the pr ovi si? ns of th e Penal Code and ;to having se1 zed. Coffee seized u11der this P roclamation may be cleaned and sold for tl1e acco unt of the Imperial Ethiopian Governme11 t.
24-11,12 certi;;ed in. punishment such coffe e graded and
CONSOLIDATION NOTE
I1r · , • 1 (1957) A 1·ts • .:> · x · ·1 011 of .,.6 4 65 • • zpl. a111d Pen.• C. 16/E ( • 1 I · J w d I , viola or ties 1a 1 pe e IJrov1c 1 11c t f. • proVIsions concern111 g the exportation of products s11bject to licence· or contro l.)
D one at Addis Ababa tl1 is 30tl1 day of January, 1952. 18 / 5 (1959) L. 219*
REG.ULATIONS ISSUED PURSUANT TO COFFEE (CLEANJNG AND GRADING) PROCLAMATION, 1952 1. These Regul ation s are issued by ;the Minist er of Commerce and Industry ptus11ant to authority vested in him by Article 6 of the Coffee (Cleaning.., and Grading) Pro clam ation, 1952 (Procla n1a tion No. 121 of 1952).
2. These Re gulations 111ay be cited as th e ''Coffee Oea ning a nd Grading Regul ations, 1959''. 3. All licensed coffee clean ers and graders are hereby required to apply the classificatio n sy ste m provided in Sch edule A hereof in cleani ng and gradi n g coffee. 4. Every lic ensed coffee cleaner and grader is required to issue for e ver y separate lot of coffee cleaned and gr ad ed by him a ce rtificate in the fo11n pr o vided in Schedule B (Expo r t Certificate), if for export, or in tl1e fo1m provided in Schedule C (Domestic C ertificate), if for domestic consumption. 5. Each Expor,t C ertificate shall be issu e d in six duplic ate for distribution as follows: (a) The original and first copy shall be de livered by tl1e lic ense d coffee cleaner a.nd grader in the first instanc e to the owner of the coff ee or his autl1orized agent. Such original and first copy shall there aiter be transferr ed to the buyer of the coffee cove red the reby and shall ultin1ately be forwarded to tl1 e purchaser abroad or his banker with other shipping documents such as tl1e oc ean bill of la.ding. (b) The second copy shall be reta ine d by the license d coffee cleaner and grade r. (c) The third copy shall be delivered in the first instance by the licens ed coffee cl ean er a.nd grad e r to the owner of the coffee or �s authorize d ag ent; thereaft er such third copy shall be tran�ferred to the b:1yer of the lot of coffee covered thereby and shall ultimately be retam ed by the ,p erson who caused such lot of coffee to be exported from Ethiopia. Impl.
a1r1d.
* INTRODUCTORY FOOTNOTE Pen. C. 16/Ex. 1 (1957)
.,
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lA P IO I·I T F E O S W A L D E 'f A CoNSOLlD
fi e r st instance to th in er l iv de be l l a . � sh s the ie op (d) The fourth and fifth c l 1c nsed coffee cleaner and e h 1. by t en ag � ed iz owner or his author l 1 copies sh all be tr ft . fi d an th ur fo ch su �sferred to r, gra der ; thereafte ll d 1a n a� ely be y sl a· eb t1m er ul th d re ve co e ffe co of l ot e tli of tlle buyer . la ration at th e time of c de s m to us C e th iith w s om preseiited to Cust export. 1 duplica te. The original shall be i1 d ue iss be all sh te ica tif c 6. Domesti cer del ivered to the owner and the copy shall be retained by the licensed c offee clea11 er and grad.er .
7. All coffee for which an export certifi�ate is issued shall be placed in bags. which shall bea r the Grade of Coffee contained therein and the number of the cer tificate. Such coffee shall be for war ded forthwitl1 to the customs station specified by tl1e owner. If the coffee is not under consignen1ent to a pu,rcl1aser abroad, it shall be placed in a bonded warehouse to awaiit exportation. 8. E ach licensed coffee cleaner and gra der is hereby authorized upon surren der of all copies of a ny certificate issued by him to isst1e new cer tifica tes for an equal a111ount and equivalent grade but in such ammou11ts as the owner sha ll specify. 9. Each licensed coffee clea ner and grader is l1ereby autl1orized upon sur render of all copies of any certificate issued by him to regrade a ny previously graded coffee in order to produce any grade specified by tl1e owner . •
10. Customs officials are hereby authorized to pr ohibit the expor tation of any coffee not covered by an at1thentic copy of tl1e export certificate provided in Paragraph 5 and Schedule B hereof. 11. Appropriately designated representa tives of tl1e National Coffee Board of Ethiopia are hereby authorized to inspect and control a t any reasonabl e time or place any coffee which has been certified by a licensed coffee cleaner and grader as conforming to these Regula tions. 12. The penalties provided in the Pe11al Code are applicable to a ny violations of tl1e Provisions of these Regulations. CONSOLIDATION NOTE lniJJ!. a111cl. Pe11. C. 16/Ex. 1 (1957) Arts 35t� , ,55 364·65 I· 11 prO\'t'de f·or l)enaIt·1es fo1· · _, , , ( \V.11c . . breach of regulations concer1 11ng the co11trol of ex , por·ts , �,·1 ncl f or \'10 · 1at1011s · · · 011s · of prov1s1 . . co11cerrung the exportation of J)roducts subject to licei 1 se).
13. Legal Notices Nos. 161 of 1952 a11d 196 of 1955 ar e 11ereby annulled. 14. These Regulations sl1all come into force 011 tile date of their publicatio ns in the Negarit Gazetc, - 866 -
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AGRICULTURE
SCI-IEDU .LE A StJecificc1tions for ''Clec1ned and Gracled Coffee'' 1. No coffee sl1all be certified to be ''Cleaned and GradedCoffee'' unless it contains less tl1an eleven a11d 011e half per cent (11.5 %) of 111oisture by weigl1t. 2. No coffee shall be certified to be''Cleaned and GradedCoffee'' unless it has bee11 cleaned and graded according to tl1e grading table hereinafter provided. 3. No coffee shall be certified to be ''Cleaned and Graded Coffee'' unless it is free of n1ould, noxious fermentation and tl1e effects thereof. 4. All coffee certified to be''Cleaned and GradedCoffee'' shall be classified according to origin a11d grade as follows: (a) Origin shall be designated accordi11g to the usages of the trade as ' Nekemte''. ''Harar'', ''Sidamo'', '' Jimma'' or ' (b) T11ere sl1all be eight grades, which s11all be determined by the 1111mber of defects found in a three h11ndred (300) gram sample according to the following table. Grade I
• •••
Grade 2
• ••••••
•
•
••
•
••
••• ••• •
••• ••
• • • • • • •• • • •
• • • • • • • • • • • ••
••• ••• ••• ••• ••
••• ••• ••• •
•
•
• •••
0-
3 defects
4 - 12 defects
Grade 3 . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 - 25 defects Grade 4
••••••••••••••••••••••••••••••••••••••••••
Grade 5
••••••• •••• ••• ••• ••••• •••
•
•••••• •••• ••• •••
26 - 45 defects 46 - 100 defects
The above five (5) grades ma.y be described as U.G.Q. (Usual Good Quality) but no coffee containing more than 100 defects may be described as U.G.Q. Grade 6
••••••••••••••••••••••••••••••••••••••••••
Grade 7
•• • ••••••••••• ••• ••••••••••• ••• •
•• •••
••• ••
101 - 153 defects 154 - 340 defects
Grade 8 S.S. (Sub-Standard grade) over 340 defects 5. Defects shall be counted as follows: Counts I defect ,, 1 ,, '' 1 ''
I black or whiite bean 1 cherry (djaffal)
5 green (soft) beans
,,
10 pieces of broken beans
,,
1 empty cherry skin, small
,,
1 empty cherry skin, big I piece of earth, small (aipprox. 2mm. diameter)
867 -
,,
1
1 2 3
''
,, ''
''
CONSOLIDATED LAWS OF
24-12
I 1 I I I I 1
EnnoPIA
stone, small (approx. 2 mm. diameter) piece of wood up to approx. 5mm. length piece of earth, medium (approx. 4mm. diameter) stone, medium (approx. 4n1m dia1neter) piece of wood up to (approx. 10mm length) piece of earth, big (approx. 7mm diameter) stone, big (approx. 7mm diameter) piece of wood up to aipprox. 20mm lengtl1 red bean wanza seed
'' '' '' ''
''
3 3
5 5 5
'' 10 '' 10 ,, 10
,, 10 '' 10
,, ,, ,, ,, '' '' '' '' '' ''
S CHEDULE B Certificate of Cleanliness and Grade of Ethiopian Coffee for Export. I, .................................................................., a licen.sed Coffee Cle.aner and Grader, holding Licence No................ under the provisions of tl1e Coffee (Clea.ning a11d Grading) Proclamation, 1952, of the Imperial Ethiopian Govern ment hereby certify under the penalties i n said Proclamation and Regulations provided that the lot of coffee described below has been cleaned a.nd graded by me or under my supervision; that the same is clean, well dried and free of moulds and noxious fern1entation and effects thereof; that it contain.s less than eleven and one-half percent (11.5 %) of moisture by weight and t]1at said lot of coffee is classified and graded as follows : . . 0ngin
t t
t • t t
I
t
I
t t t
I
I
I
t
I
I
t
t
t
I
t t t t
I
t t t t t
I
t t t
I
t
t
Grade ....................................... Description of Lot. (include weight, number of bags, marks, dait:es and otl1er marks of identi fication). Signature
• • • • • • • • • • • • • • • • • • • • • • • • •• • • • • • • •
Licence No. ............... SCHEDULE C Certificate of Cleanli11ess ancl Grade of Ethiopian Coffee for Do,nestic Consi,mption I, · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · • • • • . . . . . . . . . . . . . . . . . . . . . . . . . , a licensed Coffee Cleaner and Grader, holding Licence No................ under the provisions of the Coffee (Cleaning an d Grading) Proclamation, 1952, of the ImperialEtlliopi,ln Government - 868 -
l f
AGRICULTlfRE
-
24-12,13
--:�------------------·
:---
here�y certify under the pen _ alties in said Proclamation and Regulations provided that tl1e lo� ?f cofiee described below ha.s beet1 cleaned and graded by me o•r under my superVIs1o_n; that the same is clean, well dried and free of moulds and noxi ous fermentation and effects tl1ereof; that it contains less than eleven and one-half percent (11.5 %) of moisture by weight and that said lot of coffee is classified and graded as follows : o-tn 0r1.. 0...........
.............. . •••• ., •••••••••••••••• •••
Grade
• • • • • •• • • • • •
• •• • • • • •• • • ••• • ••• • •••• • • • •
Description of Lot. (Include weight, number of bags, marks, dates and otl1er marks of identifica tion). Signature
• ■ • ■ ■ ■ ■ ■ I • ■ • ■ ■ ■ • f ■ ■ � e • e I ■ e I ■ ■ ■ ■ ■ ■
L'1cence No. .............. . Done at Addis Ababa this 29th day of January, 1959. 21 / 1 (1961) P. 178 *
A PROCLAMATION TO PROVIDE FOR 'I'BF: ESTABLISll1\1ENT OF 'I'BF: NATIONAL COF'FEE BOARD CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELLASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS, on October 31, 1957, :the National Coffee Board Decree was promulgated as Decree No. 28 of 1957; and WHEREAS, said Decree was thereafter duly transmitted to Parliament for consideration pursuant to Article 92 of Our Revised Constitution; and WHEREAS, Parliament has introduced certain amendments in said Decree and approved a revised text of law; NOW, THEREFORE, in accordance with Article 34 and 88 of Our Revised Constitution, We approve the resolutions of Our Senate and Chamber of Deputies and We hereby proclaim as follows: 1. This Proclamation may be cited as 1he ''National Coffee Board Procla, mation, 1961''. CONSOLIDATION NOTE Orig. 17/4 (1957) D. 28; a1nd. and renum. 21/1 (1961) P. 178 Art. 2. * INTRODUCTORY FOOTNOTE Orig. 17 /4 (1957) D. 28; amd. and renum. 21/: (1961) P. 178; impl. amd. 22/2 0 (1963�) P. 206.
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THIOPIA E F O S W A L D E T A ID CONSOL
e · e d er r oa (h 1 � e e f_ of C ft l na a n. io er at N a r 2. (I) There is hereby establisl1ed s1x ( 6 ) n1em bers to be se ri p m co ll a sh h ic h w ) '' rd a o ''B . ferred to as th e n tio of da en m ur m O co re e t11 1 Minis 01 -ch ea ) (1 e on s, u · appo·111ted by . . e and of Innc of na Fi , re tu ul ic gr A of y , str du In d an • ters of CommerCe ce of Addis Aba· er m m Co of r be · am Ch e · th e:f · nt de . i es Pr L e tenor, and '<+b . . a. p1 1o tl1 of E k an B t en m op el ev D e th of ba and the Chairman (2) The chairma.n of t11e Board shall be appointed by Us fron1 amon.gst the members. (3) Tl1e n1embers shall bold ::>ffice during Our pleasure. (4) There shall be an Executive Secretary appointed by Us on the recom mendations of tl1e Board 1nade through Ot1r Minister of Commerce and Industry. (5) Tl1e Board shall make its own rules of procedure. (6 ) The Board .sl1all be ,1 body corporate by the name of ''Tl1e National Coffee Board'' having perpetual succession and a con1mon seal with power to hold land for tbe purpose of this Proclamation. 3. It sl1all be tl1e duty of tl1e Eoard: (a) to take such steps as wi] ensure that the p.rovisions of tl1e Coffee (Cleanjng and Gradi11g) Proclamation, 1952 are carried out and to take such action as is necess�ry to ensure that this legislation is made fu.Ily effective; (b) to keep tinder constant review all legislation dealing witl1 coffee and
n1ake recommendations to our Minister of Commerce and Industry as to how legislation in connection wi ,th the coffee trade and• industry may be strengthened;
(c) to consult the producers, traders and exporters of coffee witl1 a vie\v to ascertaining what legi;lative and ad·mi1tistrative steps should be taken to i111prove the standard of coffee produced in Etl1iopia; (d) to take sucl1 steps as are necessary by educatio11al a11d experin1ental schemes, pu?lc�ty, advice or otl1erwise, to in1prove tl1e quality of coffee bo_th m tbe don�est!c 1narket and for export witl1 special refe re11ce to 11nproved cult1vation and l1arvesti11g methods; (e) to collect and pt1blisl1 sucl1 n1arket information a11d statistics as may be useful to the coffee trade·' (f) to stimulate co�operative production and marketing of coffee; and (g) to make reco1nmendations for tl1e imposition by law of a cess. - 870 -
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4. In order -to can·y ot1t their duties u11 der Article 3 of tl1is Proclamation tl1e Board shall l1 ave the following powers: (a) to exercise all tl1 e powers of tJ1e Minister of Con1 1nerce and Industry tind�r t.he coffee (Clea11i11g and Grading) Proclamation, 1952 and all . subs1d1ary legislation 111 ad e tl1 ere1111der otl1er tl1 an the power to make · regulations; (b) to lease, possess, 11se and sell 111ovab]e a11 d i1111novable •property neces sary and appro_priate fo r its activities; (c) �o constr11ct, ope rate o r lease warel1ouse, coffee processing and clean ing. plants, 111a rket places and con1poL111d, experimental and research stations a11d 1111rseries; (d) to borrow 111oney and ble property;
111 ortgage
or IJledge its 111ovable ai1 d imn1ova
(e) to carry out research into cultivation a11 d harvesting methods and ai1y activity co11 cerned with coffee growing, proce·ssing and marketing; (f) to engage staff (inclu.ding qualified coffee clea.ners, graders and ins pectors); (g) to designate, establish, opera1e and co11trol coffee n1arkets at Addis Ababa and at provincial n1arket places in coffee 1Jrod11ci11 g areas, and establjsl1 at sucl1 points adeq11ate facilities for processing a11 d storing coffee, and fo r coffee trading; and (h) to establish a Coffee Exchange at Addis Ababa. 5. (1) It shall be lawful for Our Minister of Co111me rce ai1d Ind11stry, on the recomme11datio.ns of the Board and with the co11sent of Our Council of Mjnisters fro111 time to time by regulatio11 s, to impose a cess on all coffee produced in and exported from Etlliopia with effect from a date specified in such regulations (hereinafter referred to as the ''ma teri.al date''); provided, that s11cb cess shall in no event exceed the rate of three Ethiopian dollars (Eth. $ 3.00) per quintal. (2) As from tl1e material date no coffee prodt1ced in Ethiopia shall be exported from Etl1iopia unless the cess bas been paid in respect of such coffee to tl1e Customs and any person wl10 exports or attempts to export any such coffee from Ethiopia in contravention of this Sub article (2) shall be gui1 ty of an offence. 6. (1) There shall be established a fund which shall consist of: (a) all monies collected from the cess ?n coffee at the rate for the _ being in force under this Proclamat1on; and (b) such other contributions or donations as 1nay from time to time be made to the fund. .. - 871
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IA P IO H T E F O S W A L D E T A CONSOLID
nk B of l iopia and na th io E at e th ith � � w ed dg lo be l al sh (2) Such fund e t th e of the un m co na ac s1t po de te ra pa 1:° se a to ed ac shall be pl re tu _ the _ fund to d1 of en p _ ex e th r fo le sib on sp re be l al sli Board which n io ?c at Pr is am th of ! m accor es os rp pu nd , ,1 ts jec ob e th to give effect er ist of in m r M O Co by ed ov pr ap merce et � dg u b' l a nu an , dance with an rts pa e wo n m o_ ed m fra deali ng be � all sh et dg bu ch Su y. and Industr e l th ta th wi pi r ca l1e ot e th expend an re itu nd pe ex nt rre cu with the re diture. (3) If approval of the bud.get h�s. not been given within one (1) mon1:h after its submission to Our Mrmster of Commerce and Industry for his approval, the budget shall be � eemed to have been approved insofar as it relates to recurrent expenditures. (4) The Board shalJ keep account of the receipts and disbursements in connection with the fund and shall render such statements or revenille and expenditure as Our Minister of Commerce and Industry shall requue. (5) Within a reasonable time after the expiration of each year the Board shall cause to be prepared a statement of the receipts and disbursements d11ring the previous year, a.nd every such statement shall be subject to audit and shall be published in the Negarit Gazeta. CONSOLIDATION NOTE I1n11l. anid. 22/20 (1963) P. 206, Art. 12, 15 Con.sol. L. Eth. 4, (en1powering the National Bank of Etl1iopia to be the official depository of tl1e Government).
7. (1) Where exceptional circumstances arise which require that the Board should actively participate in the coffee trade, the followin.g powers shall, with the approval of Our Council of Ministers, be exercised by the Board: (a) ito buy, clean, decorticate, process, store, sell and export coffee, and (b) lend money against coffee warehouse receipts issued by the Board. (2) Such approval shall be notified by notice published in the Neoarit Ga zeta and sl1all continue in force for one (1) year from the dat� of such notice and shall then expire. 8. The Executive Secretary shall be the chief executive and adn:unistrative offi_ �er of tl1e Board and shall exercise such powers as may be delegated to llin1 in writing by the Board and shall perform such duties as the Board sI1ail direct. 9. �y person who_ is convict�d of an _ offence under Article 5 (2) of this Proclamation shall be liable to pun1shme11t 1n accordance with the provisions of the Penal Code of 1957. CONSOLIDATION NOTE � Orig._17/� �(19�7) D. 28; an?d. 21/1 _(1961) P. 178 Art. 2; irtipl. at11.d. Pen. C. 16/Ex. 1 ( 19�7) Ar ts. J:,4, j64-365, (wh1cl1 p1:ov1de for J?e11alties concerning offer 1ces against the National Economy a11cl State Mono1Jol1es, exportat1 o11, co11 trol lic t or e sp ce , an tr n t an orage s , d . of products).
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IO. The Board sl1all publish an an.nuaI report of it · s act1v1t · · 1e · s and the progress . . 1 t 1· t h s n 'ld� 1n acl11eving the obje:ts and purposes .�� t11is Proclamation � of f � . i s a s u mit such report to Us �ithin one (1) month after the end of each year. 11. Our Minister of Coilllnerce and Indu,try may make regulations; (a) for the better carrying out of the purposes of this Proclamation;
(b) for the i 1:11position of a cess in accordance with Article 5 of this Proclamation;
(c) for establishing and controlling J1arkets and a Coffee Exchange at Addis Ababa.
12. Any person v�ol�tin� the terms of this Proclamation shall be guilty of an offence and upon conviction m a court of law sl1all be liable to punisl1ment in accor dance with the provisions of the Penal Code of 1957.
CONSOLIDATIOtf NOTE Orig. 17/4 (1957) D. 28; amcl. 21/1 (1961) P. 178 Art. 2; imp[. a1nd. Pe11. C. 16/Ex. 1 ( 1957) Art. 354, (whicl1 J)rovides for penalties co11cer11j11g offe11ces agai11st tl1e National Economy and State !vlonopolies).
Done at Addis Ababa this 25tl1 day of �ptember, 1961. CONSOLIDATION NOTE The date given l1ere is the date of publication ,Jf the Procla111atio11 . The original Decree was published on 31st day of October, 1957.
26/4 (1966) L. 323
REGULATIONS ISSUED PURSUANT TO THE NATIONAL COFFEE BOARD FROCLAMATION, 1961 (1) These Regulations are issued by the Minister of Commerce and Industry pursuant to auth , ority vested in him by Article 11 of the National Coffee Board Proclamation, 1961 (Proclamation No. 178 of 1961) (the ''Proclamation''), and in accordance with paragraph (2) of Article 7 of said Proclamation.
(2) The Council of Minister s of the Imperial Ethiopian Government having found that exceptional circumstances exist wruch require that the National Coffee Board should actively part icipate in the coffee-trade, and said Council of Ministers having given the approval required by paragraph (1) of Article 7 of the Proclama tion, the National Coffee Board is hereby autlorized to ·exercise all of the powers specified in s aid paragraph (1) of said Article '!.
(3) These Regulations shall enter into effect on the date of their publication .in the Negarit Gazeta and the authorization g·ranted l1ereby shall be valjd for a period of one (1) year from said date. Done at Addis Ababa this 29th day of Decmber, 1966. - 873 -
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I-UOPIA T F E O S W A L D E T CoNSOLlDA
l8/5 (1959) L. 218 *
REGULATIONS E H T O T T N A U S R U P ISSUED , 1957 E E R C E D D R A O B E E F F O NATIONAL C . r of Co mm e rce, I11dustry and e nist Mi tlie by ued · iss re e R egulations � s I. he T . the of . 11 National Article by him Coffee m d . · ste ve ty on th au Planmng pursuant to Board Decree, 1957 (Decree No. 28 of 1957). CONSOLIDATION NOTE The National Coffee Board Decree, 17 /4 (1957) D. 28 tu1der whicl1 tl1 :se ReguJ�ti? ns are · sol. L. Eth. 1J. The M1n1stry or issued was amended and renum. 21/1 (1961) P · 178, 24 Co11 . . .o has been split into ll1e M1111stry of Commerce and Industry Commerce, In dustry and Plan.nl·ncr . and tl1e Ministry of Pla1111ing a11d De,,elopment, 25/23 (1966) 0. : 6: 3 Consol. L. Eth. 1-2, (24, 33). TI1e autliority described l1erei11 is now ,,ested in tl1e l\.1i111stry of Commerce and Industry.
II. Tl1ese Regulations may be cited as the ''National Coffee Board Regula tions, 1959''. III. Un.less the context otherwise requires: ''pulping station'' means any factory or othe r place where coffee is pulped by wet-process, f ern1entation or otl1erwise treated for the preparation of coffee in parchment. ''coffee'' means the fruits or p,1rts thereof of coffee species and includes ''clean coffe e''. ''parchment coffee'', ''jenfel'', and ''roasted coffee''. ,
''Export'' means export from the Empire of Ethiopia to a place outside the territory of the Empire. ''Coffee dealer'' means a person who purcl1ases coffee either lumself or on behalf of a principal residing inside or outside the lin1its of the territory of tl1e Empire and includes a ,person who so purchases for tl1e purpose of re-selling. ''Drying sta1ion�' includes any place, l1ous e, tenement, sl1op, factory, ,1ebjcle, compound or other premises wl1ere coffee is dried by any mea11s. ''Inspector'' means a11y person appoi11 ted by the Board to be an inspector for the purpose of these Regulations. ''Cleaner '' and ''grader'' means any p erso11 wl10 ha s be en Iice11sed to clean and grade coffee under !ihe Coffee (Cleaiting and Gradi ng) Proclan1 ation, 1952 (Proclamation No. 121 of 1952) as a mended. * INTilODUCTORY F001'NOTE A111cl. 26/4 (1966) L. 324; in1pl. an1cl. 25/23 (1966) o. 46.
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AGRICULTURE
24-15
''G rower'' means a 1and owner, tenant or sub-tenant on whose land coffee is growing . and shall include a partner, company manager or lawfully authorized representative. hereto.
''Market'' shall mean a market as designated in the Scl1edule attached
''Vehicle'' shall mean any mechanically propelled road transport used for tl1e carriage and tra.11sport o'f goods, and having a carrying capacity of one half to11 or more of weigiht, and shall i11 clude a trailer. ''Warel1ouseman'' sl1a]l 1nean a perso11 who owns or maintains premises in wllicl1 coffee is stored. ,' ¡
CONSOLIDATION NOT.E Ar11cl. 26/4 ( 1966) L. 324 Art. 3.
IV. ( 1) Every grower shall ma.intain the coffee trees on his land and arrange
for the picking of l1is coffee crop when it is ripe. (2) No person shall:
(a) pick or permit the picking of coffee which is unripe; (b) dry coffee on the gro,und or permit coffee when drying to be in contact with any noxious substance; (c) use artificial 1heat for rthe .purpose of drying coffee unless it be in a manner acceptable to the Board; (d) hold or store coffee except under such conditio11s as will maintain it in good condition and prevent its deterioration. (3) Except as is otherwise provided in (2) (c) a:bove, coffee shall be dried: (a) on raised tables or trays which per1nit of air passing freely through the coffee; or (b) on a cement or stone floor which is kept absolutely clean. V. No person shall purchase, sell, deal in, export_, operate any pulping or drying station, engage in the business of coffee cleaning and grading, store, transport by vehicle or otherwise transact any business in coffee unless he is licensed in this behalf by the Board; provded, however, that: (1) no retailer of provisions shall require a licence for:
(a) the purchase of coffee from a licensed coffee dealer or a grower; or (b) the storage of coffee so purchased; or (c) the sale of such coffee in retail quantities not exceeding three �0grams (3 kgs.) in weight sold to any one purchaser at any one time;
- 875 -
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IOPIA TH E F O S W A L D E T A ID L O S CON
(2) No grower who maintains an.d operates a pulping station or a d rying _ sitation only fo.r his own produce or �ho stores, clea� s or grade !us � of the own coffee shall be required to obtam a1;1-y Licences specified under paragraphs (3), (4), (5) or (6) of Article VI hereof. CONSOLIDATION NOTE A1nd. 26/4 (1966) L. 324 Art. 3.
VI. The Board may issue licenses of the followin.g descriptions: (1) ''Coffee Dealer's ''A'' Lic!nce'', which shall authorize the licencee to deal in coffee and to export the same; (2) ''Coffee Dealer's ''B'' Licence'', which shall autl1or�ze the licencee to purchase coffee in a market and to sell but not to export uhe same; (3) ''Pulping Station ''C'' Licence'', which shall authorize the licencee to maintain and operate a pu]ping station and a drying station; (4) ''Drying Station ''D'' Licence'', which shall authorize the licencee to maintain and operate a drJing station. (5) ''Cleaner and Grader ''E'' Licence'', which shall authorize the licencee to engage in the business o: coffee cleaning and grading in accord.ance with the Coffee (Cleaning and Grading) Proclamation of 1952 (Procla mation No. 121 of 1952) a� amended; (6) ''Warehouseman's ''F'' Licence'', which shall authorize the licencee to
maintain premises for the �toring of coffee;
(7) ''Vehicle's ''G'' Licence'', which shall authorize the owner of any vehicle which is otl1erwise duly licensed to carry and transport coffee. CONSOLIDATION NOTE Pa.r. (6) and (7) were added by 26/4 (1966) L. 324 Art. 3. A provision \vltlcl1 previously appeared at the end of tl1is Article was su�rceded by new Art. V (2), as an1 d. 26/4 (1966) L. 324 Art. 3 (2).
CROSS IBFERENCE Coffee (Clea.ning a11d Gradi11g) ProclanEtion. 11/5 (1952) P. 121, 24 Co,1sol. L. Et/1 . 11 as aniended by 17/4 D. 39.
VII. (1) The issue of every licence under Article VI of these Regulations shall be at the discretion of the Board and subject to such conditions and restrictions as the Board may from time to time determine and may include, inter alia, tl1e deli.nitatio11 of areas in whicli licen� holders may operate. (2) Every lic �nce issued �der Article VI of these Regulations shall specify the ?rellllses upon which tl1' business specified in the licence is to be earned on. -876 -
r
AGRICULTURE
24�15
----::=--=-� ------------- -· (3) Ev�ry licence issued 11nder Arttcle VI of these Regulat ions shall be _ v�l1d for one (1� year and shall be renewed annually at ohe discretio n �f the Board. L1ce11ces already granted or renewed may, at the discre tion o f the Board, be cancelled, revoked or modified. (4) No licence iss11ed under Article '{I of these Reg11lations shall authorize the holder tl1ereof to conduct aJJy business other than that specified in the licence. (5) The Board may, in con11ectio11 witl1 tl1e issuance or renewal of a ''Clea ner an� Grader ''E'' Licence," charge tl1e fees set fortl1 in the Coffee (Cleanmg and Grading) Proclarnation of 1952 (Proclamation No. 121 of 1952) as amended. No fees shall be charged for the issuance of other licences l1ereunder. (6) Every person required to be proYided with a licence under these Regu lations shall produce the same on the demand of an Inspector.
CROSS REFERENCE Coffee (Cleaning and Grading) Proclan1atio11, 11/5 (1952) P. 121, 24 Consol. L. Eth. 11, as a111e1zded by 17 /4 (1957) D. 29.
VIII. (1) No person may re-wet coffee which has once been dried. (2) No person ma.y possess undried coffee; provided, however, that this paragraph (2) shall not apply: (a) to a coffee grower who is irJ possession of undried coffee pending preparation for market or delivery to a pulping or drying station; or (b) to a licensee of a pulping or drying station who may be in pos session of undried coffee for the purpose of pulping or drying the same. (3) No person may adulterate or aret the adulteration of coffee with any substance. (4) No person may contaminate or i:er1nit the contamination of coffee with any noxious substance. IX. The Board may appoint Inspectors who shall be empowered and authorized to enter upo n the premises of all licence holders granted licences under Article VI hereof to determine if any violation of thes� Regulations has taken place and to inspect stocks of coffee in the possession of the licence holders. X. (1) The Board may direct that any or all coffee in the po�session o f a grower, a licensed dealer or a warehouseman shall be delivered to any stated address for the purpose oi inspection, treatment and/ or sale. (2) The Board may dra w inspection :tnd sales samples from any lot of cof fee as it sh a. ll require. r fION NOTE A ID CONSOL An1d. 26/4 (1966) L. 324 Art. 3.
- 877 -
llOPlA Tf B F O S AW L ED AT D LI SO N O C
24-15
XI. (1) Any person who adulterates or per1nits the adulteration of coffee in such a way as to endanger public health is punishable in accor dance with the provisio11s of Article 511 of the Penal Code of the Empire of Ethiopia of 1957, and any coffee so adulterated may be confis cated pursuant to the applicable provisions of said Pen.al Code and no claim therefore or for the value tl1ereof shall lie. (2) Violation of any of the otl1er provisions of these Regulations is punish able in accordance with the provisions of Article 354 a,nd 355 of the Penal Code of the Empire of Ethiopia of 1957. CROSS REFERENCE Pen. C. 16/Ex. l (1957) Arts. 354-65, 511.
XII. These Regulations s11all come into force on tl1e date of their publication in the Negarit Gazeta. SCHEDULE OF COFFEE MARKETS Shoa Province
Addis Ababa
Fichie
Wolkitie
Wolisso Harar (Hararguie) Province
Harar
Dire Dawa
Deder
Asbe-Teferi
Hirna Guelemso
Beddessa tvfetcl1ara
Biyokeraba
Girawa
Beddeno
Fugna11bira
Leguemite
G'11in11ir (Balie) Kaffa Province
-¡ jimma
Agaro
Bonga
Suntu
Maji - 878 -
Toba
AGRICULTURE
24-15
Guimbi
S11abie
Seka
Kol,t (Konta)
Coma
Yasi
Guenet
Ayto
Cosa
Babou
Atinago
Siara
Silalu
Seriko
Wobba
Debre Work Shebe Sidamo Province
Yirgalem
Dilla
Wondo
Wonago
Yirga-Tchefie
Hagere-Selam
Tchelelektu
Sodo (Wolamo) Masslo Illubabour Province
Gore
Metou
Nopa
Hurumou
Sube
Doreni
Yayo
Gambella Kurmouc Wollega Province
Nekemte
Gimbi
Dembidolo
Anfilo
Gidami - 879 -
24-15,16
HIOPIA T E F O S W A L D E CONSOLIDAT •
e c m v o r P a f o G u o m e Gu Tcl1encha
Gu:idolai
Bacco
Bulchi Aroussi Province
Shashemaoie
Arba-Gougou
Alaba
Hassen-Usman Gojam Province Zeghie Beghemedir Province Gondar Do11e at Addis Ababa this 29th day of January, 1959. 25 / I (1965) L. 308
REGULATIONS ISSUED PURSUANT TO •
THE NATIONAL COFFEE BOARD PROCLAMATION OF 1961 1. These Regulations are issued by the Minister of Comn1erce and Industry pursuant to authority vested in him by Article 11 of the National Coffee Board Proclamation, 1961 (Proclamation No. 178 of 1961). 2. These Regulations may be cited as the ''Coffee Certificates of origin Regulations, 1965''. 3. In these Regulations unless the context otl1erwise requires: ''Coffee'' means the beans and berries of the coffee tree, wl1ether par cli ment, green or roasted ancl includes Grot1nd, decaffeinated, Jjquid and soluble coffee; ''Certificate of Orjgin'' means a Certificate of Origin in Form A in the
Schedule to these Regulations isst1ed by the appropriate certifying agency;
''Certificate of Re-export'' means a Certificate of Re-export in Form B in the Schedule to these Regt1lations issued by the appropriate Certifying Agenc y; - 880 -
AGRICULTURE
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''Certifying Agency'' means an agency for issuing Certificates of Origin or of Re-export and designated in accord-ance with Article 44 (1) of the International Coffee Agreement; Agency.
''Certifying Officer'' means the Officer so appointed by the Certifying
4. All coffee grown in tl1e territory of the Empire of Ethiopia and destined abroad shall be covered by a Certifica.te of Origin duly comJJleted according to the instructions in Schedule A l1ereof. No certificate of Origi11 is required for: (a) coffee for cons·umption on ships, aeroplanes and other international carriers; and (b) samples and parcels to the limit of 60 kgs. net of green coffee, 50.4 kgs. of roasted coffee; 20 kgs. of soluble or liquid coffee; 120 kgs. of coffee berries; 75 kgs. of parcl1ment coffee. 5. All coffee imported into the Empire of Ethiopia and subsequently destined abroad in a condition or quantity otl1er than that in wl1icl1 it was imported into Ethiopia shall be covered by a Certificate of Re-export duly completed according to the instructions in Schedule B hereof. No Certificate of Re-export is required for: (a) coffee for consu1nption on ships, aeroplanes and other international carriers; and (b) samples and parcels to the limit of 60 kgs. net of the green coffee, 50.4 kgs. of roasted coffee; 20 kgs. of soluble or liq11id coffee; 120 kgs. of coffee berries; 75 kgs. of parchment coffee. 6. No coffee shall be imported into the Empire of Ethiopia without a Certi ficate of Origin or a Certificate of Re-export. 7. Certificate of Origin for coffee grown in Ethiopia and Certificates of Re export for coffee grown 011tside Ethiopia but re-exported from Ethiopia shall be issued only by the National Coffee Board of Ethiopia or any other agency so ap pointed by the Board subject to such terms and conditions as it may tl1ink fit. 8. No Certificates of Origin or of Re-export may be issued for coffee unless the sales agreements under which such shipments are to be effected are registeroed with the Board. - 881 -
.. PIA IO H T E F O S W A L D E CONSOLIDAT
24-16
ny t e , th om fr rd ng oa i B it w in al r n io er iss a 9. N o erson shall, without perm . rt po ex eR of te ca fi ti er C y Certificate of Origin or an e �m er v · o n ia G nt p o_ t� B al al sh l stam ri pe [m e th of ity or th 10. The Customs au h� le ic s of rt 7 on A s ! re ov he pr � e th . of th �i T all Certificates issued in accordance po d of an -ex Re n r 1g, rt for coff ee Or ?f tes a _ fic rti Ce all ct lle Customs' Officials shall co f e th to e am ad He h atc sp d s fic Of i th w1 rth e fo all o sh d imported into Ethiopia an the National Coffee Board in Addis A·Jaba. 11. Every exporter sha ll submit to the Board one copy of a Certificate of Origin or a Certificate of Re-export, as the case may be, stamped by the Cust oms author�ty together with a copy o� _non-negoti��le bill of lad_i�g relating to any coffee m respect of which the Certificate of Or1gm or the Certificate of Re-export as the case may be, was issued within fourteen (14) days of that coffee. 12. The price of each Certificate o1 Origin or Re-export shall not exceed seven Ethiopian dollars (Eth. $ 7.00). 1� .. Any pe_rson who contravenes the provi�ions of the�e. Regulations s_ hall upon conv1ct1on be liable to penalty under tl1e applicable prov1s1ons of the Penal Code of 1957.
I
CROSS REFERENCE Pen. C. 16/Ex. J (1957) Arts. 354 364-365.
Regula _14. sl1all Thes� tions come iota force upon the date of their publicatio n . . 10 tJ1e Negar,t Gazeta. SCHEDULE FORM A
CERTIFICATE OF ORIGIN (To be issued by Producing Members only) Producing Country
• •• •
•
... . . .. ... .... Reference No. ....... ......... •• • ••• •• . . ' (To be filled in by t11e Certifying Agency a11d cited in correspondence)
I hereby certify that the green, :oasted solt1bl e described or otl1er coffee below bas been produced in the above cou ntry' . Per S.S. (or other carrier) ................ . • ••••• ••••••
From : .............. .•• • • • • • • • • • •• • • •• •• · . (Name of port or country
-�f· e· n· ..b· ·a· r·k· · a· ·t1·:o· n· ·)
.... ...... : .... To . .... · · · · · · � (Name of port or c���� y 0 f o O o O o
O • o I o o o
· ·· .. ·. : · · :· · · ·· · · d cstmat1on)
-882 -
(
24-16
AGRICULTURE
Via : ..........................• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • On or about : ............... • • • • • • • • • • • • • • • • • • • • • Date • • •• • • • • • • • • • • • • • • • • •
••••• ••
•••••••
Roasted
Green • •• • •
••
•••••••
••• ••••• ••
••••• •••
••
••••• ••• ••
••
• •• • • •
•••
Soluble
•• •
•••••••••
····· ················ Other (specify)
• • • •• •
0 ♦ 0 ♦ ♦ ♦ ♦ ♦ I ♦ 0 I O ♦ ♦ ♦ ♦ t t
••
••••
♦ 0 ♦ ♦ ♦ ♦ 0 0 o O o
♦ 0 0
♦ 0 0 ♦ o o ♦ o o I O O o o o O O ♦
(Mark X in appropriate space above) •• •••• •••
••••••• ••
•••
••••••••
• ••
••••
••
• • • • • • • • • • • •• • ••
Shipping Marks or otl1er Identification
•••••••••••••••••••••••••••••••••••••••••••••••••••••
Unit of Weight
Weig11t of Shipment Gross
Kgs. or Lbs. ••••••••
•••••••••••
••••• ••••
••
• • ••
•
•
••••••••••••••
♦ ♦ 0 ♦ 0 0 ♦ ♦ 0 0
Number(s) of Certificate(s) of Origin : Observations
• • • • • •
• •
• • • • • • • • • • •
• • • • • I e •
• • •
0 o o
♦ 0 0
♦ ♦ 0
o I ♦
♦ 0 0
o o ♦
o o o
O O O
Net
o O O •
0 ♦ 0 0
0 o O
O O �
0 o O
O ♦ o I
O 0
••••••••••• • • • ••••••••• •••••••••••••••••••••••••••••••
• • •
• • • ♦ • •
• • •
• •
• • • •
• • •
• •
• • • •
• ♦ •
e • •
• • • •
• • • • • • • • • o • •
• • • • • • • •
Custom's Stamp of Producing Country and Date of Stamping I
•••••• •••••••••••••••••••••••• ••••••••••••
Signature of Certifying Officer
Certifying Agency
•
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . Date
This Certificate is made pursuant to the International Coffee Agreement. The Original of this certificate must be submitted with export documents, a.nd will be reqt1ired for export (and import) clearance. SCHEDULE FORM B CERTIFICATE OF RE-EXPORT (To be issued by Producing Members only) . .. ... ... ... ... . No ce en fer Re . . . . . . . . . . . . . . . . . . try . . . un Co . .. ... . .. Re-exporting Country (To be filled in by the Certifying Agency and cited in co·rresp0adenee) - 883 -
24-16
CONSOLIDATED LAWS OF ETHIOPIA
I hereby certify that the green, roasted, soluble or other coffee described below has been re-exported from the above country. Per, S.S. (or other carrier) .............................. From:...............................................................
(Name of port or other point of embarkation)
To : ................................................................. .
(Name of port or country of destination)
Via :............................................................ On or about : ....................................
Date
a t • ■ e
■ •
e ♦ t t t e e t t e t t t • t t t e t t t e t • t t
Green
t e t t •
• t t
t t t • ■ t t e t t t • t t ■ e ■ t t t e
t t t t
t t t t e ■ t
• t t
t t •
• • t • • •
e • • ♦ e t t ♦ t t t t e
(specify)
Other
Soluble
Roasted
t t t t t t t I e •
...........................................................................................,• ................
(Mark X in approriate space above) Shiping Marks or other Identification
Unit of Weigl1t
\Veig.ht ot Shipment
Gross
Kgs. or Lbs. ■ • ■ e • • • ■ • • • e ■ ■ • • ■ ■
••
• •••••••••
■
I
■
e
■
I ■ ■ • • ■ I
■
■ • ■ ■ ■ ♦ •
••••• ••••• ••• •••••••••••
■ ■
■ ■ • ■
•• •••
• • • ■ ■
■ ■ ■ ■
•••••••••••••••••• • • • • • • • • • • • • • • • • • • • • •••••••••••••
••••• ••• • ••••• ••••• •• •• •• •
Number(s) of Certificate(s) of Origin: Observations:
■ ■ ■ ■
Net
•
• • •• • ••• ••• •
••••••••••••••••••••••••••
• • • • • • • • • • • • • • • • • • • • • • • • • •• • • • • • • • • • • • • • • • • • • • • • • • • • • •
•••••••••
•••••••
• • • •• •• •• • ••• • •
•••• •• •
• • ••••• •• • • ••
•• •
•• • • • •
•• ••
••• ••• • •••••• •
•
••• •• •
•
••• •• •
Customs' Stamp of Producing Country and Date of Stamping ••••••••••••••••••••••••••••••••••••••••••
Signature of Certifying Officer
.. • • • • •• • • • • • • •• • • • •
•
••••••••••••••••••••••
Certifyi11g Agency ••••••••••••••••••••••
•
• •••• •• • •
Date - 884 -
•
• •••••• ••
AGRICULTURE
24-16,17
--:-----------�� ·--::-:--:::--.-::---:--: his Cert fica te
i m a de pursua nt to th e Interna ! ! � tional Coffee Agreement. The . . . Or1g�al of th 1s certif1cat� must be submitted witl1 export doc11ments, a wi nd be ll requir ed for export (and import) cleara nce. Done a t Addis Ababa this 25th da y of September 1965. •
D. Rubber 3/6 (1944) P. 47 *
A PROCLAMATION TO REGULATE 'I'HE COLLECTION, TREATMENT AND EXPORT OF RAW RUBBER CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELLASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS, it is ne cessa ry and desirable that the maximum output of rubber from Our Empire be ma de a vail a ble for the war effort of the United Nations; AND WHEREAS, it is necessary to establish and regulate an organization for the collection, tre a tment and export of raw rubber; In a ccordance with Article 34 of Our Constitution We aprove tl1e resolutions of Our Senate and the Chamber of Dep11ties and We proclaim as follows: CONSOLIDATION NOTE The Constitution referred to here is t.i1e Constitution of 1931. Tl1is Constitution was repealed and replaced by the Revised Constitution 'of 1955, 15/2 (1955) P. 149, 1 Consol. L. Eth. 1. The Article of tl1e Revised Constitution parallel to tl1e cited Article of tl1e 1931 Cons titution is Article 88.
PART I Gener a l 1. This Proclamation may be cited as the ''Raw Rubber (Production) Org anization Pro clamation, 1944''. 2. In this Procla mation ''Provincial Authority'' includes a Governor General, a Governor and Woreda Governors. CONSOLIDATION NOTE Jmpl. amd. 5/10 (1946) D. 6 Art. 1, 6 Consol. L. Eth. 1, (substituting Woreda Ghizat for mislenie).
·---------
* INTRODUCTORY FOOTNOTE lmpl. amd. 5/10 (1946) D. 6, Rev. Const. 15/2 (1955) P. 149, Civ. C. 19/Ex. 2 (1960).
-885 -
24-17
CONSOLIDATED LAWS OF ETHIOPIA
PART II Establishment and Management of the Raw Rubber Organization 3.
(i) There is hereby established an Organization under the name of the ''Raw Rubber (Production) Organization'' (hereinafter referred to as ''the Organization''), which shall be administered and managed as in this Proclamation is provided. (ii) The Organization shall, under the said name, be· capable of suing an d being sued.
4.
(i) The Organization shall be controlled by a Board of Management (here inafter referred to as ''the Board'') wl1ich shall consist of the Director of tl1e Organization and not less than two other members appointed by Us. (ii) The Director may, subject to the general directions of the Board, exer cise the powers of the Board, and all acts done by him in tl1e exercise of tl1ese powers shall be deemed to l1a ve been done by the Board.
5. The Board may employ such persons as it considers necessary. PART III Objects of the Organization 6. Subject to tl1e provisions of this Proclamation, the objects of the Orga.niza tion shall be : (a) to make all arrangements for the tapping, collection, treatment and export of raw rubber: (b) to deal generally in, and export, raw rubber; (c) to train unskilled labour in the tapping, collectio11 a11d treatment of raw rubber. CONSOLIDATION NOTE Imp/. ar11d. Rev. Const. Art. 130, 1 Corisol ..L. Et/1. 1-130, (\.vhicl1 declares all 11atural re sources of the Empire a State Domain, to be exploited in accordance ,,ritl1 the pi--inciples of conservation established by I1nperial law).
7. No person other than tl1e Board shall purcl1ase raw rubber unless he is i11 possession of a p . ermit to buy issued by the Board. - 886 -
'
AGRICULTURE
24-17
PART IV Powers of the Board 8. The Boarcl may, in agree1ne11t with tl1e Provincial Autl1ority: (a) do all things necessa.ry to accomplisl1 the objects of the Organization; (b) establish and construct camps and experimental stations; (c) cut timber for tl1e constr·uction of such buildings as may be required for the Organization; · (d) construct and maintain roads, patl1s, bridges, culverts, and water sup plies necessary for the carrying out of the purposes of the Organization; (e) enter forests privately owned and remove raw rubber therefrom. Pay ment shall be made by the Board for the raw rubber so removed. CONSOLIDATION NOTE J111pl. at11cl. l{ev. Co11 st. Art. 44, 1 Consol..L. Et/1.. 1-44, (,vhicl1 provides
no one n1ay be deprived of l1 is property except upon a finding by Ministerial Order issLtecl pL1r sua11t to tl1e reqL1ire1nents of a special expropriatio11 law).
9.
tl1at
(i) Where in the exercise of the powers conferred under this Part of this PJ"oc!amation damage is done to priv·ate property, compens, ation shall be paid for the disturbance of growing crops, rubber vines, trees and buildings. (ii) Compensation shall be assessed by the Board in consultation with tl1e Provincial Authority. Any person aggrieved at the amount of compen sation •awa:rded under thls Subarticle may appeal to a court of co ;m petent jurisdiction, and such appeal shall be final. CONSOLIDATION NOTE
Jmpl. an1d. Rev. Co11 st. Art. 44, 1 Consol. L. Eth. 144, Civ. C. 19/Ex. 2 (1960) Arts. 1460-1488, (providing for the pay1nent of just compensation, in the absence of agreement, by judicial procedures and comprehensively legislating with respect to expropriation of im movable property).
10. The Board may delegate any of the powers conferred on it by this part of this Proclamation to any employee of the Organization. 11. The Ministers of Interior and Agriculture are charged with the execution of this Proclamation. Done at Addis Ababa this 29th day of February, 1944. - 887 -
CONSOLIDATED LAWS OF ETHIOPIA
24-18
E. Research 25/8 (1966) o. 4 2 *
AN ORDER TO PROVIDE FOR THE ESTABLISID1ENT OF 1HE INSTITUTE OF AGRICULTURAL RESEARCH CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELLASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA .
WHEREAS, the development of Ethiopia's agricultural poten� ial is essential to the overall economic development of the nation and to the prosperity and welfare of the Bth:iopian people; and WHEREAS, said developn1ent requires the instigation of scjentific research to determine appropriate means to enhance and improve the quality and quantity of agricultural, livestock and forest produ, ;tion in Ethiopia and tl1e establishment of coordinated plans, programn1es and delices to ensure tl1e effective application of the knowledge derived from such resea1ch; and WHEREAS, said research and planning will be most effectively served by the establishment of an i11dependent public a11tl1ority which shall be charged with the conduct and coordination thereof; NOW, THEREFORE, in accordai:ce with Article 27 of 011r Revised Consti tution and on the advice of Our Council of Ministers, We hereby order as follows: 1. Short Title
1966' '.
This Order may be cited as the ''Institute of Agricultural Research Order,
2. Establishment of Institute There is hereby establisl1ed the Institute of Agricultural Research (herein after the ''Institute'') as an autonomous public authority of the In1perial Ethiopian government. 3. Pu.rposes and Responsibilities (I) The Institute shall l1ave as i:s principal purposes: (a) tl1e formulation of a national agricultural research poliC)' designed �o ftirther tl1e gr?wt !1 and ?e �elop111ent of agricult11ral, livestock and forestry product1on m Etl:uop1a and conceived withir1 tl1e fra1nework _ of overall national devel)pn1ent pla.nning; and (b) th e implementation o� such policy throt1gl1 th e conduct of applied re� earcli programme� m such specific subject areas as it 1nay determme to be appropriate. * INTiiODUCTORY FOOTNOTE
lnipl. a111d. 25/23 (1966) 0. 46.
- 888 -
AGRICULTtJRE
24-18
(2) I� �tl �herance of said principal p11rpo ses the Institute shall, witl1out l1m1tat1on, b e resonsible for: (a) the study of soil management and production techniq11es for food, cash and hortict1ltural crops, including the study of crop varieties _ and �otat1on, and the t1se of fertilizer, irrigation, and cultivation practices; (b) the stu �y of �he l?roduction atd use of fodder crops and pasture in connect1011 with livestock production; (c) the study of the breeding of livestock for meat and dairy purposes; (d) the veterinary investigation of the prevalent livestock diseases in Ethiopia; (e) the study of the production of forest trees for fuel, timber and such other purposes as water and foil conservation; (f) the study of the application in the vario11s regions of Etl1iopia of
research in the same and related subject areas carried on in other countries and to this end, tl1e maintenance of a collection of mate rials, literature and scientific data relating thereto;
(g) the conduct of all such other scientific research as it may deem to be useful or necessa.ry in futherance of the development of the Ethiopian agricultural, livestoi�k and forest industries or as may be recommended for such purpose by the Advisory Council; (h) the trajning of personnel in srecialised research methods; (i) the preparation and disse1nimtion through reports, publications and other appropriate media in Ethiopia and abroad of the res11lts of the studies and investigations carried on pursuant hereto and the communication of such result� and analysis and recommend.ations derived therefrom to the Mini�ter of Agriculture, to the Advisory Council and to other appropriate authorities of the Imperial Ethio pia.n Government; and (j) the co-ordination of its activities carrried out hereunder with similar activities carried on by other authorities of the Government a11d the rendering to such authoritits of co-operation and assistance as appropriate to ensure the efficient and effective achievement of said purposes.
4. Board of Directors (1) The activities of the Institut_e sha.:1 be under !he g� neral supervision , ,, of a Board of Directors (heremafter the Board ) which shall be comp rised of the following persons: - 889 -
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ed iz or th representative ' ly au du s bi or , re tu ul ic gr A of r te (a) the Minis who shall serve as Chair1nan of the Board; (b) the Director of the Institute; (c) n.ot fewer than three (3) or more than five (5) additional persons possessing appropriate qualifications appoint�d by the M�ister of Agriculture for a term of three (3) years, subJect to reappo1ntme11t. (2) All the powers of the Institute as herein elsewhere enumerated shall
be vested in the Board, and the Board may delegate the exercise of such powers to tl1e Director and other employees of the Institute to the extent necessary to secure the effective ad.ministration thereof.
5. Director There shall be Director of the Institute wl10 sl1all be appointed by the Board on recommendation of the Minister of Agriculture and shall serve as chlef executive officer of the Institute. He shall be responsible for the management and direction of the activities of the Institute in accordance with the general supervision of the Board. He shall exercise such portion of the powers of tl1e Institute as may be delegated to him by the Board and ma.y, in turn, delegate his functions, duties and authority to other employees of the Institute to the extent necessary to secure the effective administ' r,a.tion tl1ereof. 6. Advisory Council (1) There sl1all be an Advisory Council to the Institute (l1ereinafter the ''Council'') which sl1all meet under the cl1airmanship of t11e Minister of Agriculture or his duly appojnted representative and sl1all be com prised of tl1e following additional persons: (a) tl1e Director who shall also serve as Secretary of tl1e Council; (b) one (1) represe11ta.tive from each of the following six (6) orga nizations: (i) the Ministry of Finance; (ii) the �inistry of National Community Development and Social Affaus; (iii) the Ministry of Commerce and Industry; (iv) the Haile Sellassie I University; (v) the National Coffee Board·' (vi) the Ministry of Planning and Developn1e11t; (c) Sucl1 a.dditional representatives, experts a11d advisors as the Council may approve as members and observers or to supply inform11tion, - 890 -
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advice or assistance, inc · Iud.1ng, as n1embers, appropriate represent. atives of private enterprises engaged in ag ricultural, livestock and forestry activities. (2) The Cotincil sl1all advise tl1e Institute in the formtilation of a national agrictiltural researcl1 policy. It shall assist the Instittrte in tl1e co-ordina tio11 of its activities with tl1ose of otl1er Governn1e11t a11tl1orities and in securing the co-0peratio11 of sucl1 otl1er authorities, to ensure the effec tive discl1arge of tl1e Institute's responsibilities l1ereunder. 1
CONSOLIDATION NOTE I,rzpl. a,ncl. 25/23 (1966) 0. 46. Art. 2, (16, 33) addi11g "ancl Social Affairs" to title of former l\tli11istry of Natio11al Con1mt1nity Developme11t a11d estab]isl1ing the Ministry of Plan ing a11d Developn1ent.
7. Powers The Institute shall have a.nd may exercise all powers necessary to tl1e acl1iev n1ent of its purposes and the discl1arge of its responsibilities. In particular, a11d with out limitation, of tl1e ge11erality of the foregoing, the Institute shall have power to: (1) buy, lease, own, 1nortgage a11d otherwise obtai11 utilise and dispose of movable and immovable property; (2) sue and be sued; (3) enter into contracts and arra11geme11ts witl1 private, governmental and semigovernmental persons and agencies in Ethiopia and abroad, inclt1ding special arra.ngen1e11ts for the administration, management and supervision of its activities; (4) establish and maintai11 an administrative and technical organization as necessary or conducive to the effective performance of its functions; (5) carry on all such measures of scientific research and investigation as may be useful or necessary to the achievement of its purposes; ( 6) sell the produce from its activities and retain and expend the proceeds derived therefrom; (7) apply for and hold letters patent in respect of inventions and discover ies made by persons employed by the Institute, license the use of such inventions and discoveries and charge and receive appropriate fees for such licences; (8) administer any funds received by it or placed at its disposal; and (9) prepare and disseminate tl1rough appropriate n1edia the results and information derived of research and investigation carried on by it. - 891 -
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CONSOLIDATED LAWS OF ETIITOPIA
8. Financial Arrangements (1) There sl1all be establisl1ed a fund whicl1 shall consist of: (a) all contributions and dorations made to the Institute; (b) all sums received by the Institute fro� the sal� of pr� d11ce derived by its research activities and from licences issued m respect of letters patent held by tre Institute; (c) any other monies received by the Institute as a result of activities carried on by it hereunder; (d) an annual Government subsidy based on ·an �stimate pre� ared bj' the Director and appro�d by the Board, which shall be mcluded as a separate sub-head under the Ministry of Agriculture in the annual budget of the Government. (2) Such fund shall be lodged in the National Bank of Ethiopia in a sepa rate deposit account in the n1me of the Institute whjch shall be respon sible for the expenditure of the fund in furtherance of the purposes thereof. (3) The Institute shall set aside and hold as reserve for such purposes as the Board may determine any portion of the fl.ind which remains uncommitted at the end of a fiscal year. (4) The Institute shall keep ful and accurate accounts and records and shall within three (3) months after the end of each fiscal year prepare a statement of revenue and ex?enditure showing a true and fair view of the financial position of tl1e Institute. Such staten1ent shall be submitted to ilie Auditor General and 1D the Minister of Finance. 9. Annual Report and Other Publications (1) The Institute shall prepare ard publish an annual report of its activities showing ilie progress it has made during the preceding fiscal year in the achievement of its purpo�s and the discharge of its responsibilities. Such report shall be submitted to tl1e Advisory Cotmcil. (2) The Institute shall also prepare and pt1blish such additio11al reports, bu11etins, and other public s:ate1nents arising out of the work of the Institute as the Board may cee1n appropriate. (3) Persons employed by the Institute sl1all be encouraged to publish tl1e results of their research in �cientific, teclmical and otl1er appropriate journals and I?ub �ications, p1ovided, however, that l)rior approval for any such publ1cat1on shall be secured fron1 tl1e Director. 10. Effective Date. This Order shall enter into force on the date of its publication in the Negarit Gazeta. Done at Addis Ababa, this 23rd day of February, 1966. - 892 -
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Section 25
MINING AND CONSERVATION A. M1ning 3 / 4 (1943: P. 43 *
A PROCLM1ATION ro PROIDBIT THE EXPORT OF GOLD, SILVER AND PLATINUM FROM OUR EMPIRE CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELASSIE I ELECT OF GOD, EMP3ROR OF ETHIOPIA In accordance ,vitl1 Article 34 of Ot1r Constitution We approve the Resolutions of 011r Senate and Chamber of Deputies a1d We accordingly Proclaim as follows: 1. This Proclomation may be cited as the ''Prohibition of Export (Gold, Silver and Platin11m) Proclamation, 1943''. 2. No person shall export, send or take out of Our Empire gold, silver or platinum in any form except in accordaLce with the terms and conditions of a licence issued by Our Minister of Finance or a person authorized by him; provided, however, that the provisions of this Ar1icle shall not be deemed to apply to watches, rings and other similar articles of utility or personal adornment made wholly or partly of gold, silver or platinum and which are worn by any person leaving Our Empire. CONSOLIDATlON NOTE The original text of the Amharic version in the Negarit Gazeta reads "of a licence issued by Our Ministry of Finance''.
3. Any person who contravenes the ?rovisions of this Proclamation or fails to comply with the terms or conditions of any licence issued hereunder is guilty of a.n offence and shall be liable on convi:!tion to punishment in accordance with the provisions of Articles 357,358 or 741 of the Penal Code. In addition to any other penalty a Court may order that the gold, silver or platinum in respect of which a conviction is had be forfeited to t'.Je Imperial Government. Done at Addis Ababa this 31st day of December, 1943.
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* INTRODUCTOR.r' FOOTNOTE Ext. to Eritrea 12/2 (1952) P. 128; amd. 4/9 (1945) P.76 Sched. C. Art. 4 (a), 15 Consol. L. Eth. J; impl. amd. Pen. C. 16 /Ex. 1 (1957) Arts. 357, 358, 741 (providing punishment for prohibited traffic in precious metals).
The Constitution referred to in the Preamble of this law is the Constitution of 1931. This Constitution was repealed and replaced by the Revised Constit11tion, 15 /2 (1955) P.14.9, I Consol. L. Eth. J. The Article of the Revis..=-d Constitution parallel to the cited Article at the 1931 Constitution is Article 88.
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PIA IO H T E F O S W A L D E CONSOLIDAT
3/11 (1944) P. 67*
L O R T N O C O T N IO T A M A PROCLA G IN N R E C N O C D N A IN S N IO T TRANSAC E IR P M E R U O IN M U IN T A L GOLD AND P H A D F JU O E IB R T E H T F O N CONQUERING L IO HAILE SELASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS, an Imperial Decree of the 18th April_, 1928, provides that ''All wealtl1 of the sub-soil of Ethiopia is state property and � conse9 u�nce beyon� the power of disposal of the land-owner'' and tl1at there . are ass1m1lat� d to mines, from tl1e point of view of the decree, tl1e. beds of 1�111! eral or f? ss1l substances _ susceptible of special use, with the exception of bu1ld1ng n1ater1als which may be freely disposed of by the la11d-owi1er'' and that ''Tl1e exploration for_ all min� rals i11 tl1eir 11att1ral beds is permitted 011ly to those persons or co111pan1es provided witl1 a 'pern1it of exploration' granted by the Etltlopia11 Government''; and WHEREAS, an In1perial Decree of the 29th Nove1nber, 1929, prohibits the ex1Jloratio11 of the 1nineral resources in Etl1iopia without authorization from the Department of Mines of the I111perial Ethiop.ia11 Government; and WHEREAS, an Imperial Decree of the 5th December, 1929, provides that ''tl1e prospecting for, the search, excavating, extraction and collection of plantini ferous or auriferous substances i n the sub-soil as well as on the surface, in the form of metals, or of 111inerals, or gems, or precio·us stones, are prohibited througl1 the territory of tl1e Empire to every person not supplied with a regular authorization granted by the Departme11t of Mines of tl1e Imperial Government'' and tl1at witl1out a certificate of autl1orization froin the Department of Mi11es, ''the export of planti11iferous and auriferous subsitances in tl1e form of metals, minerals, gems of precious stones is pro11ibited''; and ria1 Decree of tl1e 7tl1 Nove111ber, 1931, provides that Imp a11 WHEREAS, � _ . ,,With tl1� excep�1011 of_ m111�ed mo11ey and bars of bt1llion bearing the sta1111J of a recognized r �fu1er, m wh1cl � case the trade and exportatio11 shall take place persons not or of the in stones possession freely_, tl1e precious metals, m1nerals, _ supplied with a regular author1zatio11 of ilie Department of Mines sl1all be presumed to be the prod,t1ct of an illicit exploitatio11 of tl1e 1ni11eral wealili of the country''; and WHEREAS, it is essential that the n1ineral wealtl1 of the En1pire be adequately conserved; NOW, THEREFORE, WE PROCLAIM AS FOLLOWS: 1. ,. �liis �roclamation may be cited as tl1e ''Proclamatior1 for tl1e Control of Tra11sact1ons u1 and concerning Golcl. and Platinu1n, J 944''. ,:, INTRODUCTOl�Y FOOTNOTE Ar11d. 4/9 (1945) P. 76; in1pl. c1111cl. Pen. C. 16/Ex.l (1957).
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-------------------------- -· MINING AND CONSERVATION
2. All gold a11d platin11 m i n Etl1iopia in tl1eir nat11ral state are hereby declared to b e ,the property of the Empi1re of Ethiopia, wl1ether on the surface, i1 1 tl1e sub soil, or in or under strean1s, rivers, lakes or otl1er bodies of water .
3. The possession or custdoy of raw or refined gold or IJlatinun1, or gold or . m nuggets, o es, or bulli.011, exceedi1g te11 ounces, except as specifically plat1n � � at1 thor1zed by the Minister of Fina11ce, sl1all constitute an offe11ce. 4. Tl1e transport, import, or export of, tl1e trading in, or tl1e co11tracting for gold or platinun1 i11 whatever forn1, knowing the sa1ne to be gold or platinum, ,:1nd. \Vit.l1out special autl1orizatio11 therefor fro1n tl1e Minister of Finance, shall constitute a violati.011 of t11e present law. 5. Tra11sactio11s in Gold or Platinum being prohibited anyo11e who possesses gold or platinun1 sl1all sell srune to the Govem111ent and ca11 purchase from tl1em gold or plati.uun1 needed for tl1e n1a11ufacture of jewelry. 6. Tl1e concealn1ent of gold or platinum, wl1ether raw or refined or gold or platinun1 nuggets, ores, or bullion, exceeding ten ounces, in any .merchandise or other substance, or in vehicles or other me�ns of transport, shall be prima facie evidence that the ow11er or ow11ers of the said m erchandise or vehicle or otl1er means of transport have committed an offeoce against the provisions of this Pro clamation and shall justify the seizure and confiscatio.n of the said gold or platinum, -and of the vehicle or othe: r means ,)f transport in which tl1e said gold or platinum may be found. 7. Officials of tl1e Ministry of Finance siall have the right at all times to ins pect stocks and shipments for the purpose of the enforcement of the present ]aw. 8. All gold or platinum held in violation of the present law shall be subject to seizure and confiscation without instituting forfeiture proceedings of any charac ter. Any one violating the provisions of this Proclamation shall be liable to punish ment in accordance with the provisions of Articles 357, 358 or 741 of tl1e Penal Code. One half of any fine recovered n1ay be paid to the perso·n or persons giving information leading to sucl1 recovery, except that no payment for giving informa tion shall be made to any officer or employee of the Imperial Govern1nent of Ethiopia without special permission of the 1[inister of Finance. CONSOLIDATI01'. NOTE Amd. 4/9 (1945) P. 76 Sched. C. Art. 4 (a), 15 Consol. L. Etli. 1; i1npl. a111.d. Pen. C. 16/Ex. I (1957) Arts. 357, 358, 741 (providing purishment for prohibited traffic in precious metals).
9. Provided always that nothing in this Proclamation shall affect the rigb1 of any person to possess personal jewelry o� articles of adornment of which gold or platinum for1n a part, or shall affect the r1�ht of any pe� son to buy or sell such _ articles, so long as they retain the quality of 1ewerly o� articles of adornment. and so long as they are not converted into scraps or bullion. •
Done at Addis Ababa this 28th day of July, 1944. - 895 -
2s..3
CONSOLIDATED LAWS OF ETHIOPIA
B. Wild Life 3 /9 ( 1944) P. 61 *
A PROCLAMATION TO MAKE PROVISION FOR THE PRESERVATION OF GAME CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WE PROCLAIM AS FOLLOWS: I. This Proclan1ation may be cited as the ''Game Proclamation, 1944''. 2. ''animals'' includes birds, fish, and the young thereof, and the eggs of birds and fish; ''ga1ne'' means any animal wl1ich •has been scheduled by regulations mad.e under this Procla.mation; ''trophy'' 1neans any tooth, tusk, bone, claw, hoof, hide, l1orn, hair, feather or sinew of an y scheduled animal and includes an egg of any scheduled bird. 3. No person may hunt, capture or photograph game 11n1ess he is in possession of a licence issued to him by o·ur Minister of Agriculture. 4. Our Minister of Agricultu.re may make regulations providing for: (a) the scheduling of certain anin1als and. protectir1g them from unauthorized hunting; (b) the prolribition of the use of certain weapons in hunting animals; (c) the restriction of hunting and capturing game; (d) the definition and control of game reserves; ( e) tl1e restriction or the prohibition of the hunting of certain animals; (f) tl1e prol:tibition, restriction and control of the sale, purchase, possession and acquisition of game troplues; ( g) the proltibition, control and restriction of the importation and export of animals and trophies; (11) the schecluling of dangerous animals wlricl1 ma)' be hunted without licence; (i) the ex�mption of certain persons and tribes fro111 the provisions of any regulation made under this Procla1natio11. (j) providing, in accordance with tl1e provisons of Article 97 of tl1e Penal Code, for confiscation of weapons used in unautl1orized bunting.
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•.
• '� INTRODUCTORY F001'NOTE Amd. 4/9 (1945) P. 76; in1pl. a,nd. Pen. C. 16/Ex. I (1957).
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CONSOLIDATION NOTE 1\11·1cl. 4/9 (1945) P. 76 Scl1ecl. C. Art 4 (a' ) 1- co11s� l· L. Et/1. 1;_11111;!· cuncl. Pe11. C. 16/Ex.l (1957) Arts. 97, 354 (restricting Minis ter'� p0 ver f� prov i d e for conf1sc�t1on _and providing tl?at pt1nishm ent for breach of a wide range of r: t� l �ti o s sl1a ll �e dete rmined 10 accordance ,v 1tb _ � s f ormer the Penal Code, thereby impliedly repeal·10g -tr_1n1ster power to provide for penalties).
5. A �Ol)Y °.£ all �eg1tla.tio11s n1ade wider this Proclamation sl1all be given to every applicant_ £01_ a -.lice11ce to ht111t, ca.putre or photograp:11 aniinals. r
CONSO,LIDA fION NOTE I1r11Jl. c1111cl. 15/2 (1957) P. 1·�9 Art. 88.
Done at Addis Ababa tltis 29th day of May, 1944.
C. Forest 24/17 (1965) P. 225
PROCLAl\1ATION No. 225 of 1965 STATE FOREST PROCLA.l\1ATION CONQUERING LION OF TI-IE TRIBE OF JUDAH HAILE SELLASSIE I '" ELEC f OF GOD, EMPEROR OF ETHIOP.IA WHEREAS, certain forest within Our Empire comprise a portion of the State Domain; and WHEREAS, said forests are within tl1e excl,usive control of the State and should be protected, conserved, developed and utilized in accordance with modern scientific principles so as to pro111ote the economic developme11t of Our En1pire and to ensure a continuous supply of forest produces for tl1e benefit of tl1e present and succeecling generatio11s of tl1e Ethiopian people; and WHEREAS, conservation of said forests is also necessary to protect the soil of Our Empire from erosion, deflation and desiccation an.d to ba'iance the water regjme thereof, thereby to preserve tl1e natural beauty and fertjlity of Our Empire; and WHEREAS, Article 130 of Our Revised Constitution provides tl1at the Governn1ent shall take necessary and proper measures for the conservation of natural resources and that none of said resources shall be exploited in violation of the principles of conservation established by Imperial Law; NOW, THEREFORE, in accordance with Articles 34 and 88 of Our Revised Constitution, We approve the resol11tions of 011r Senate and Chamber of Deputies a11d We hereby procl,1im as follows :
1. Short Title , ''. on 65 ati t 19 lam res oc Fo Pr e tat ''S e th as ed cit be y ma n tio na la1 oc Thjs Pr 2. Repeals all er nd on reu ati he lam oc is Pr th in d ide ov pr sly es pr ex (a) Unless otherwise rs tte ma ing ern nc co rce fo in sly iou ev pr ns tio ula reg d an legislation, orders - 897 -
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provided for in this Proclamation, whether written or customary are hereby repealed and replaced by this Law. (b) The provisions of paragrapl1 (a) Df this Article 2 shall not affect the Game . Proclamation, J 944 (No. 61 of 1944) and regulations thereunder. CROSS REFER.ENCE Game Procla111ation, 3/9 (1944) P. 61, 2:. Co11sol. L. Et/i. 3.
3. Definitions 111 this Proclamation, u.nless the con:ext otherwise requires: ''Forest'' shall mean any land stocked with forest trees; ''Forest tree'' shall mean a11y woody plant including bamboo, indigenous or exotic and regardless Df its age, size and species, provided that such plant 11or111ally attains a height of ten (10) meters and shall incJu.d·e 01r exclt1de such plants as may be specified jn regulations hereunder; ''Forest product'' shall mean rou11d wood, sawn wood or otherwise primarily processed wood, fuelwood or pulpwood or any forest tree or part thereof such as a stump, root, branch, twig, bark, leaves, resin or tann.in a.nd a1y other product obtai_ned from a forest including grass. ''Minister'' shall mean the Minister of Agriculture. ''Mi11jstry'' sl1all 1nea11 tl1e Mi11istry of Agriculture. ''Person'' sl1all mean any natural or !uridical person; ''Wildlife'' sl1all include ''game'' and ''trophies'' as tl1 ose ter1ns are defined in the Gan1e Proclamation, 1944 (No. 61 of 1944). CROSS REFERENCE Ga.me Proclamation, 3/9 (1944) P. 61, 25 Co11sol. L. Etli. 3.
·4. Designation and Administration of Stite Forest All forests presently or i n future: (a) owned by or on bel1alf of the Gover11me11t·' (b) not owned or possessed by or on behalf of ,1ny person, are hereby designated state forests and �l �all b e_ protected, conserved, developed and utilized in accordance v1tl1 this Procla111ation and regulations bereu11der. 5. Title to and possession of State Forest (a) Title to all forests owned by o: �n . behalf of tl1e State (includjng foresls owned by o � on behalf of a.ny lllin1stry, dep,1runent, agencj' or indepen ?ent a �thorrty of tl1e Gov �r �ent) sl1all be transferred to tlie tvlinistry 1 �0.1ed1ately upo11 tl1e �on1mg tnto force of this Proclainatio11 or imine d1a.tely upo11 tJ1e creat1011 or acquisitio11 of sucJ1 forest, whichever is sooner.
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(b) A11y person i !1 posse�sio11 of a state forest may be pern1itted to retai11 su�h. possess1011 until otl1erwise 11otified by tl1e Minister, and the l\1t111ster n1ay at his discretio11 for a valid purpose confer such posses sion _on. any person; provided, l1owever, th at any such person sh all be requ1red to protect, conserve and maintain such state forest in accor dance with the law a11d shall. perform sucl1 fttnctions and discharge st1ch duties i11 respect to tl1e adn1i11istratio11 tl1ereoc as would otherwise be perfor111ecl or disch arged by the Minister pursuant hereto, except tl1at 110 sucl1 person sl1all re111ove, 11tilize, process or destroy any forest product fro1n a state forest with out the specific aut11orization of tl1e Minister. (c) Notl1111g contai11ed i11 tl1is Article 5 shall be deemed to authorize the grant of forest exploitation co11cessi.011s i11 respect of state forests; provided, 110\vever, that all such concessions entered i11to by tl1e Gov er11n1ent prior to the con1ii1g into force h ereof are l1ereby confirmed st1bject to renegotiatio11 as provided in Article 7 (11) thereof. CONSOLIDATION NOTE The Amharic version of Subarticle {a) has an additional sentence, vvhich provides: "However, if the forest contains n1inerals and these minerals are needed, the administration \:Vhich has the po\1/er over minerals shall not be prohibited from t1sing the forest."
6. Inalienability of State Forests
No state forest shall be aliented, either jn whole or in part. 7. Powers of the 1\1inister
Except as otherwise expressly provided in tl1is Proclan1ation, the Minister shall be the sole a11th ority ch arged with the conservation, protection, manage ment and utilization of state forests and in particular, but without limitation; shall: (a) arrange for th e delimitation of all state forests by the placing of bou.ndary markers; (b) arrange for the registrati�n of all stat� �orests in th� Re�s_ter ?f J.mmovab1e Property established by t he C1v1l Code and, 10 addition, 111 ,1 Central Forest Cadastral Register to be established wit h in t h e Ministry to include all ini:ormation concerning such forest w11ich he may deem relevant; (c) arrange for the conser�ation, manag�me?� and_ u� ilization of all state forests in accordance with modem sc1ent1f1c pr1nc1ples so as to ensure a continuous and lasting supply of forest products; (d) establis h and supervise institution� � d facilities for forest re� earch _ and administration and for t h e trallllng of forest e�perts, tec.�n1c1ans, guards and other personnel necessary for the effective protection ancl administration of forests;
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b e ta tl1 is es g in d . t of a cl en in �m s re su ea m � ? l ga le er op pr at (e ) ensure th 1 p d ,1t es rv an 11 of state o t1 e ot pr e � � th r � fo � n � ke ta e ar e ic rv . ife tl1ere1n 1ncl, 1dtng forest se 1 il w d an d! special ts uc od pr st re fo e tli d forests an t , es eft, encroachm ent, as se d1 st � re fo e, fir to t ec sp re ith w s measure ind; k y f an o e ag m da d 11e te ea 1r t] d an n io at ri m,isapprop ts uc od ing to a pr st rd re co fo ac of le sa by on iti os sp i cl e th r e fo i1g ra ar (f) e system of tender in cases where tl1e value of th pro�ucts_ to be sold exceeds one thousand dollars (Eth.$1000) and by auct1011 m all otl1e r cases; n tio inc ext the of adverse for gs din cee pro n tio ria rop exp al te leg (g) initia rights held or exercised in respect of state forests; 01) re11egotjate existing concession in respect of state forests to bring such concessions into confor1nity witl1 the requirements of this Proclamation; (i) pron1ote and arrange for the constr11ction of access roads to or tlirough state forests; (j) establisl1 within state forests under administratio11 of tl1e Ministry or of perso11s to whom be may grant concessions for such pu.rpose public recreational facilities including parks, wildlife reservations, resthouses, cam1Jing areas a11d the like; and (k) ta.ke all such otl1er legal n1easures as may be necessary a.nd proper to realise the purposes of this Procla.mation. CROSS REFERENCE Civil Code, 19/Ex. 2 (1960) Arts. 1553-66.
8. Penal Any person who: (a) removes, destroys, damages or falsifies in any manner any boundaf)' 111arked out pursuant to Article 7 (a) hereof; (b) r�m�,,es, utilises, processes .or destroys a11y forest product fron1 or w1tl11n a state forest except 1n accordance with Article 7 (f) l1ereof or as may otl1erwise be permitted or a11tl1orized by the Mi11ister or bis duly delegated representative i11 accordaµce witl1 tl1e purJJose of tl1is Proclamation; (c) damages state fores� by grazing a11i111als, enteri11g a forest 11ursery or y_oung forest plantall?n therejn, propagating forest parasites, settiI1g a _ fire or any other s1nular act; (d) con�ra:.enes th� provisions of regulatio11s hereunder respecting the _ ec ro tio n, ..11?-amtenance and preservation of state parks or otl1er � � s11111lar fac1l1t1es; or (e) interfe�es with or obstructs the in1pleineutation of Pr th oc 1 ation or is la n regulations hereunder shall be guilty of an · · 10n of f t conv1c ence an 11pon d . . acc shall be liable tO purus11n1e11t. 1n orda11ce w it h tl1e IJrovisions of tl1e P ena1 Code . C R O S S REFERENCE . The Art1cle of tl1e Penal Code referred t . e . . e p r o 1 n Arts. 364, 433-35, 488, 492' 505 ' 630'. 6 35• 649o a.55p, a7 33t b pr1 ar1ly Pen. C. 16/Ex. I (1957) , 740, 803-0 7.
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l
MINING AND CONSERVATION
25-4,5
9. Implementing Regulations The Mi11ister 111ay iss11e regt1lations for the i1nplementation of tl1e purposes of this Proclamation 10. Effective Date Tl1is Proclamation sl1all come into force on tl1e date of its pt1blication in the Negarit Gazeta. Done at Addis Ababa tl1is 27th day of August, 1965. 24 / 17 (1965) P. 226 PROCLAMATION No. 226 of 1965 PRIVATE FOREST CONSERVATION PROCLAlVJATION CONQUERING LION OF TI-IE TRIBE OF JUDAH HAILE SELLASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS, the forests of Our Empire should be protected, conserved, developed and tttilized in accordance with modern scientific principles so as to promote the econo111ic develop111ent of Ot1r Empire and to ensure a continuous s11pply of forests products for the benefit of the present and succeeding genera tions of the Etl1io 1Jian people; and WHEREAS, conservation of said forests is also necessary to protect the soil of Ot1r En1pire from erosion, deflatio11 and desiccation and to balance the water regime thereof, thereby to preserve the nat11ral beauty a.nd fertility of Our Empire; and WHEREAS, Article 130 of Our Revised Constitution provides that the Government shall talce necessary and proper measures for the co11servation of natural resources and that none of said resources shall be exploited in violation of the principles of conservation established by Imperial Law; NOW, THEREFORE, in accordance with Articles 34 and 88 of Our Revised Constitt1tion, We approve the resolutions of Our Senate and Chamber of Deputies and We hereby proclaim as follows: 1. Short Title This Proclamation may be cited as the ''Private Forests Conservation Pro clamation, 1965''. 2. Repeal (a) Unless otherwise expressly provided in this Proclamation hereunder, all legislations, orders and regulations previously in force concerning matters .provided for in this Proclamation whether written or custo mary, are hereby repealed and replaced by this Law. (b) The provisions of paragraph (a) of tltls Article 2 shall not affect the Grune Proclamation, 1944 (No. 61 of 1944) and regulatio,ns thereunder, the State Forest Proclamation, 1965 (No. 225) all of wl1ioh shall remain in full force and effect. - 901 -
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CONSOLIDATED LAWS OF ETHIOPIA
CROSS REFERENCE Gan1e Proclan1atio11, 3/9 (1944) P. 61, 25 Co11sol. L. Eth. 3. State Forest ProcJan1atio n ' 2t�/17 (1965) P. 225, 25 Co11s0!. L. Etl1. 4.
3. Definitions
'
In this Proclamation, u11less tl1e co11text otherwise requires: ''Forest'' sl1all mea11 any land stocked with forest trees; ''Forest tree'' shall mean a11y· woody plai1t, including bamboo; indigenous or exotic, and regard.less of age, size and species, provided that such plant normally attains a 11eigbt of te1;1 �10) meters and shall include or exclude such plants as the M1 n1ster may by regula tions specify; ''Forest product'' shall mean round wood, sawn wood or otherwise primarily processed wood, fuelwood or pulpwood or any forest tree or part thereof, sucl1 �1s a stump, root, bra11cb, twig, bark, leaves, resin or tannin and any otl1er product obtained from a forest including grass and such sto11es or minerals as are not within the scope of any law regulating the exploitation or working of minerals; ''Minister'' sl1,tll n1ea11 tl1e Mi 11ister of Agriculture. ''Ministry'' shall n1ean the Ministry of Agriculture. ''Person'' sl1all mean a11y 11atural or juridical perso11; "Wildlife'' sl1aJl i11c]ude ''game'' and ''tropl1ies'' as t11ose terms are defined in tl1e Ga1ne Proclamatio11, 1944 (No: 61 of 1944). CROSS REFERENCE Ga111e JJ roclan1atio11, 3/9 (1944) P. 61, 25 Co11s0!. L. Et/1. 3. CONSOLlDATION NOTE The Amharic version of tl1e definition of "Forest Prod11ct" lacks t11e phrase " ... and sucl1 stones or minerals as are not \.Vithin the scope of any law regulating tl1e exploitation or \.Vorking of minerals".
4. Private Forests All forests not owned by t11e State are tl1e property of the owner or
ow11ers tl1ereof and 1nay be jointly ow11ed as provided by the Civil Code but shall not be subject to divisio1 1 as otl1erwise pern1itted thereby. CONSOLIDATION NOTE Tl1e Amharic version of this Article seen1s to say: "Private forest n1eans forest that has an o\.vner and that is sit11ated on land on which tax has been paid, ,vl1icl1 is tl1e property of tJ1e ov.,ner or O\"lners". CROSS REFERENCE Civ. C. 19 /Ex. 2 (1960) Arts. 1257-77.
5. Exploitation Permit
(a) No ·person.shall remove, t1tilize, process or destroy �1ny forest product fro1n a private forest unless lie sl1all first have obtai11ed from tl1e Mi1tlster a per1nit tl1ereof (hereinafter a ''forest exploitation permit''); _ provided, l1owever, that 110 st1cl1 pern1it sl1all be required for tl1e taki11g - 902 -
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by the owner of any sucl1 forest and his agents and te11ants, for t'hejr own use on lands within or i111mediately adjacent to such forest, of sn1all amounts of firewood and wood for fe11cing a11d construction and of reaso11able quantities of otl1er forest products for domestic p11rposes. Moreover 110 person wi11 be reqt1ired to secure a per1nit to exploit any forest product fro111 l1is own IJla11tation, except for 11atural forest and forest plantatio11s for co1nn1ercial purposes. (b) Applicatio11 for a forest exploitatio11 permit shall be 1nade in writing a11d shall co11tain s11ch particulars as n1ay be· required by reg11lations iss11ed accordi11g to tl1is Law hereu11der. (c) The Minjstry sl1all grant or deny any application for a forest exploita tion per111it as s0011 as possible following receipt tbereo[. (d) Denial of a forest exploit,ltion permit shall be in writing ,1nd shall state tl1e reasons thereof. No s11cl1 denial shall be made except in cases where maintenance of tl1e forest in question is necessary for: i. conservation of tl1e soil a,nd its protection from erosion, deflation or desiccation; ii. the protection a11d co11ti11ued existence of springs and watercourses; iii. protection of sand-hills and sea-shores from sea erosion or the spreading of sand; iv. purposes of na,tional defence; or v. purposes of public health; (e) The grant of a forest exploitation permit may be made conditional upon preservation within the area concerned of reserves of forest trees sufficient for the purposes set out under paragraphs on this Article 5 and the reforestation of such area; (f) Person submitting an application for forest exploitation permj.t shall receive reply from the Ministry within a minimum period of thr, ee 111onths from the date of receipt of the application; if reply to s11ch an application is not given within the specifie� three months, appli cation shall be considered as approved for perm1t. CONSOLIDATION NOTE The Amharic version of St1barticle (£) refers. to a "maximum" rather than "minimum" period of three months.
6. Powers of the Minister The Minister shall control and reg ,ulate the afforestation, conservation, management and utilization of all private forests and, in particular, but without limitation, sh· all : (a) require the owners of priva�e forests to mark out the bounda1ries theEe(i)j in accordance with regulations hereunder;
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CONSOLIDATED LAWS OF ETIIlOPIA
(b) require t11e registrc1tion of p1ivat� �or�sts in the _ Regis�e. � of Imn1 ovab]e _ Property established tinder ilie C1v1l C?de and? 11;1 add1t10�, _in a central Forest Cadastral Register to be established w1th1n t�e M1mstry and to include all infor:mation concernjng such forests which he may deem relevant; (c) on the base of this Law prescribe � eg11latio� s ju accordance with . 111odern scientifjc principles JD the basis of which private forests shall be afforested, conserved, ma11aged and ,utilized so as to ensure a con tinuous and lasting supply cf forest products; (d) prescribe appropriate measures to regulate the sale or other disposition of forest prodt1cts; (e) ensure that appropriate leg:11 meast1res are taken for the protection and preservatio11 of private forests a11d the forest products and wildlife tl1erein including s•pecial n1easures witl1 respect to fire, forest d.iseases , theft, encroachment, misappropriation a. n d thereatened d.amage of any kind; (f) on tl1e basjs of th.is Procla1mtion the Minister can: i. charge $0.15 per kilomet:e for tb.e t1se of ca.r, roundtrips, from 1l1e place of authorization to tl1e forest area; ii. charge not more t11an Eth. $20.00 for daily allowances of three persons, the expert, assis:a11t expert and d.river, all to be paid by tl1e owner of the forest fr)m tl1e sales of his forest wealth. (g) generally take st1ch other legal meast1res as 1nay be necessary and proper in ft1rtherance of the purposes of this Proclamation. CROSS REFERENCE Civil Code, 19 /Ex. 2 (1960) Arts. 1553-6i.
7. Penal Any person who : (a) ren1oves, destroys, dan1ages or falsifies i11 any manner any boundary marked out p11rs1i::1nt to Article 6 hereof; (b) re �oves, utilizes, pr�cesses or destroys any forest product from a private forest except 1n accordance with Article 5 l1ereof · (c) dan1ages private forests by grazing anin1als, enterino forest nurseries or yo11ng forest pla.ntations, propagating forest para;ites setting fires or any other similar acts; (d) interferes . with or obstrt1cts the im1Jlementation of tllis Proclamation or regulations l1eret1nder; shall be q11ilty o( a11 offense and upon conviction sl1all be liable to pun.isbment in accordance wi'.h the provisions of tl1e Pei1al Code. CROSS REFERENCE Tl1e Articles of tl1e Penal Code referrecl tc ap1)ear to be 1)ri 1narily Pen. c. 16/Ex. 1 (1957) Arts. 364, 428, 430, 433-35, 488, 492, 505, 630, 635, 649-55, 733, 740, 758, 760, 803-07.
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8. bnplementing Regulations '11ep MiniSler_may issue re gl1latio1s for the i1npleme11tatio11 of the purposes '! of t_1 11s roe1 an1at1on.
9. Effective Date Tl1is Proclan1ation sl1all co111e i1to force on the date of its publication in tl1e Negarit Gazeta. Done at Addis Ababa t11is 27th clay of Al1gust, 1965 24 / 17 (1965) P. 227
PROCLAMATIO� No. 227 of 1965 PROTECTIVE FORESTS PROCLAMATION CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELLASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS, t]1e co11servation of soil and water is necessary to restore, improve and preserve the 11atura1 beal1ty a11d fertility of land within Our Empire; and WHEREAS, such conservation should prevent the erosion, deflation and desiccation of the soil of Our Empire and balanc e tl1e water regi1ne th ereof and may best be secured by the creation and maintenanc e of forest cover in critical zones; and WHEREAS, Article 130 of Our F.evised Constitution provides that the Government shall take necessary and pnper measures for the conservation of natural r esol1rces and that none of said reso1rrces shall be exploited in violation of the principle s of co11servation established by Imperial Law; NOW, THEREFORE, in accordance with Articles 34 and 88 of Our Revised constitution, We approve tl1e resolutions of Our Senate and Chamber of Deputies and We hereby proclaim as follows:
1. Short Title This Proclamation may be cited a. s the ''Protective Forests Proclamation, 1965''. 2. Repeal (a) Unless otherwise expressly provi� ed in tlri� Procl_amation hereun�er, all legislation, orde rs and regrlat1ons, . previously 1n �orce conce.rru.ng matters provided for i n this P1oclamat1on whether written or custom ary, are herby repealed and replaced by this Law.
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lOPIA fl T E F O S W A L D E T A ID L O CONS
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(b) Tl1e provisions of paragraph (a) of this Article 2 shall not affe ct of 194 the Ga.me Procla1nation, 1944 (No. 61. �). the State F ores t Proclamatioii 1965 (No. 225 of 1965) and the Private Forests Conser _ vation Procla�ation, 1965 (No. 226 of 1965) all of wh1cb shall remain in f ttll force and effect. CROSS REFERENCE Game Proclan,ation, 3/9 (1944) P. 61, 25 Consol. L. Eth. 3. St� te Forest Pro clamation, _ 24/17 (1965) P. 225, 25 co,1sol. L. Eth. 4. Private Forests Conservation Proclan1at1on, 24/17 (1965) P. 226, 25 Co11s0/. L. Etli. 5.
3. Definitions
In this Procla1nation, unless the context otl1erwise requires: ''Forest product'' sha.ll mean round wood, saw11 wood or other.wise primarily processed wood, fuelwood or pulpwood . or any tree or part thereof such as stl1mps, root, branch, tw1g, bark, leaves, resi11 or tannin and a11y other product obtained from a protective forest includjng l1oney, wax, grass and such stones or minerals as are not within tl1e scope of any law regulating tl1e exploita tion or working of mineral; ''Minister'' shall 1nea11 the Mi.njster of Agriculture; ''Ministry'' shall mean the Ministry of Agriculture; ''Perso11'' shall n1ean any natt1ral or juridical . Person; ''Wildlife'' shall i11cl·ude ''game'' and ''trophies'' as those tern1s are defi1 1ed 'i11 the Ga1ne Proclan1ation, 1944 '(No. 61 of 1944). CONSOLIDATION NOTE The An1haric version of the definition. of "Forest Product" lacks the tern1s "honey" and "'rvax." and tl1e phrase " ... and such stones or n1inerals as are not \vithin the scope of any law regulating the exploitation or working of mineral". CROSS REFERENCE Ga1ne Proclan1ation, 3/9 (1944) P. 61, 25 Corzsol. L. Et!-i. 3.
4. Declaration of Protective Forests
Any l �nd 11pon which the creation and 111aintenance of per111anent vegetative cover 1n the form of trees, shr11bs or other plants is deemed by tl1e Minister to be i11dispensable to ensure: (a) the co11serva.tion of tl1e soil a11d its pro · tection fron1 erosion' deflatio11 or desiccation; (b) the co� servation and tl1e improvement of the water regin1e tl1rough the protection or develop1nent of w,1tershed, catchine11t areas, springs water courses and water reservoirs·' (c) the control of floods; or (d) the pr?tectio11 of sa11d-l1ills a1 1d sea shores fro111 sea erosion or tl1e �,pread1n_g of san � ,s . may, regardless of ownerslup, can be declar�d 1Jr? tect1\ e forest ,n ,1ccordance with tJ1e proced ure set fortl1 1 n Article 5 hereof. 1
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MINING AND CONSERVATION
5. Notice of Decision to constitute Land as Protect ive Forest
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(a) O n t �e . recommendation of the Minister upon decision of the Cot111cil of M1n1 s !e �s to c o11stih1te certain lands as protective forest, n otice of sucl1 dec1s1on s�all be co111n1unicated by regstered mail to all known persons_ �h ose r.1ghts may i11 a11y w,1y be affected by st1ch decision and � .a �dition shall be po sted n1 Government offices i11 the general v1c1n1ty of sucl1 la11ds . (b) �tic? notice shall specify with :ill possible precision the situatio11 a11d l1m1t s_ of t �e la11d s constituted as protective forest; based on part (a) of . �1s Art �cl�, tl1e o w11er of such lands shall submit hi s reply to the M11!1st�y wr�lun a pe riod of 01e (I) year from the date w·he11 such no�1ce 1 s ma1l �d - or posted; if a�reement ca11not be reached on compen sat1on th e M.1111st er may exectte the case through legal p rocedures. 6. Consideration of Complaints
Tl1e Minister sl1 all consider complaints concerning classification of land as prote ctive forest within ni11ety (90; days aft er the receipt tl1ereof by tl1e official d esignated pursuant t o Article 5 (b) hereof, and shall c onsult with the complainant and shall offer him fair c,)mpensation for the injury to his rigl1ts j or sl1all initiate expropriation proceed n_gs in respect of such rigl1 ts in accor dance witl1 the provi sions of the Civ:l C ode. CROSS .REFER.ENCE
Civ. C., 19/Ex. 2 (1960) Arts. 1460-88.
7. Administration and Utilization of Protective Forests
Protective forests sl1all be adn1inistered and utilized under the general supervisio n of the Minister and no p�rson shall remove, utilize, proce ss or destroy any forest product from a .protective f orest except in acc ordance witl1 the relevant provisions of th:is Law and regulations to be issued; if the owner of s uch fo re sts utilize hereunder the fores t wealth in accordance with the directive i ssued by the Mi nister, he s:1all n ot be prohibited from exploiting and utilizing the forest wealth. 8. Powers of the Minister The Minister shall control and regulate the afforestaton, c onservation ma nagement a nd utilizatio n of protective forstes and, in particular but without limitation, shall: (a) require the owners of �rotective �orests to mark out the boundaries thereof in accordance with regtlations hereunder and arrange for tl1e marking out of boundares of protective forests owned by the State; (b) require the registration of protective forests in the Register of Immo vable Property established lln: der the Civil Co_de and,_ i� additio�, !D a Central Fore st Cadastral Register to be establi shed within the Mmilstcy and to include all information C1)ncerning such protectiive fores •t� which be may deem relevant;
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e� scientifi c principles od ith w e nc da co ac in � � (c ) prescrjbe regulations v , e st re be r fo af ns ll co 1a s sr � st e re fo ed, ve t1 on the basjs of which prote-e es 1s os of th rp pu e th la oc Pr of e nc ra he rt mafu jn d ze ilj ut d d man.age an tion; er es nd rv re se r fo d id by pa the �� be � to s ge ar ch d an e es ib fe cr ) e-s (d pr r ch . ro su 1 d a1 en ces or ,lic sts re fo e tiv ec ot pr of t ec sp re ry in ist Min _ r; . e d n. eu er h 1s 01 t1 la gu re by ed ir qu permits as may b e re t of on isi a qu ac e protective j r f t� gs din ee oc pr � n tio (e) initiate expropria e er ein wh er th the owner s ht r1g m rta ce of on cti tin ex e forest or for th s f ht s to comply rig il. h uc s of r lde bo � e th or st re fo e of such protectiv _ on ati lam oc or regula s Pr thi of n tio nta me ple im e th ,vith or obstructs tions hereunder in sucl1 way that Government control over such pro tective forest is necessary to ensure enforcement of this Proclamation or suc-h regulations; (f) generally t.ak . e such other legal measures as may be ne-cessary and proper in furtherance of the purposes of this Proclamation. CROSS REFERENCE Civ. C. 19/Ex. 2 (1960) Arts. 1553-66.
9. Penal person who : (a) removes, destroys, damages or falsifies in any manner any boundary n1arked out pursu.ant to Article 8 (a) hereof; (b) removes, _ u..tilizes, processes or destroys any forest product from a protectJ,,e rorest except pursuant to Article 7 he-reof; (c) damages protective forest b}r grazing animals, entering forest nurseries or young forest plantations, propagating forest parasites,. setting fires or an}' other simlar acts; or (d) interle�es with or obstructs the implementation of this Proclamation o r reguJat:Ions l1ereunder; t punishmen o offence a� to guilty be liable beshall convction on p t1_ d hall � a_n � _ � 1n ac'-'ordance with the prov1ston.s of the Penal Code. An}•
CROSS REFERENCE
· The Articles of the Penal Code referred to aope r t O b"' · ,. Ex. 1 (1957) o/ C. l n. Pe nly ma pn _c_ � � .., ,.\rts. 364• 427, 428 ' 433-35, 488 • 49 2, 50) -, 6-'0 , 63 .:i, 649-.).), 733, 74-0.. 757. 758,. 803-07, '
10. Implementing .Regulations
jst n1a er y iss ue re gttlations to i111pletilerit u1e pu.rpos.es of this Procla. ���� 11. Effective Da.te
• 1l1e . . m . • " f · " o,, ·t This proclamation shall con1e into "or'--c t lt, date of 1.ts pl1bl1c:in on 'f\Tegarit Gazeta. Done at ..A...ddis Ababa tlris 27tl1 cI::i,r �
· _,{].). "l'l"t �� ·"'tl gl.. � � iu - 908 -l) f
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28 / 1 (1968) L. 343
REGULATION ISSUED PURSUANT TO THE PRIVATE FOREST CONSERV.t\TION AND PROTECTIVE FORESTS PROCLAMATJON OF 1965. 1. Issuing A11thority T �1ese Reg11 !ati �ns a1·e iss11ed by tl� Minister of Agric11Iture pursua11t to a11tl �or1ty vested 111 111111 by Article 6 (e) of the Private Forest Conservation Procla111at1011 No. 226 of 1965 a11d Article 8 (f) of the Protective Forests Proclamation No. 227 of 1965.
2. Short Title These Regulations may be cited a.s the ''Protection of Private Forests Regu lations, 1968." 3. Definitions
In these Regulations unless the contex1 otherwise requires, tl1e words: ''forest'', ''forest tree'', ''forest product'', ''Mi11ister", ''Ministry'', ''person'' and ''wildlife'' sl1all have the 1ueaning as set forth i11 ArJ.cle 3 of the Private Forests Conserva tion Proclamation No. 226 of 1965 and Article 3 of the Protective Forests Procla mation No. 227 of 1965. 4. Precautions Regarding the Kindling of Fires
No person shall kindle any fire in or near any forest, brush la11d or land containing tree growth except as provided for below: (I) Without funitation to tl1e power cf the Ministry to prohibit fire kindl111g during any season of tl1e year and in any part of Ethiopia, forest inJ1abi tants and persons working in forests may kindle fires to the extent that such fires shall be necessary and provided that all inflammable materials have been removed and reasonable precautions have been taken to prevent any spreading of same. Persons described in this paragraph shall not leave any such fire .until extinguished. (2) Any railroad company operating steam or electric locomotives passing thro11gh forests or in areas a.djacent to forests shall take all reasonable and necessary precautions for the prevention of forest fires. To this end, any such company sl1all install on tl1e locomotives devices for the preven tion of escaping sparks and shall keep a sufficient area on both sides of the railroad clean of vegetation and infla.mmable materials.
S. Fire Extinguishing In case of a forest fire, police and aci· m·inistrative authorities of the Woreda, Awraja or the Gover11orate �eneral, as_ may be n:cessary, may � ake � 11 nec�ssary a.nd appropriate steps including requesting the assistance of the inhabitants m the ext.inguislling of such fires.
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IlOPlA JT E F O S W A L D E T A ID L O CONS
6. Forest Insects and Diseases Any pers on owning a private forest shall t� ke appr?p �iate m easures for the _ preventatio11 of harmful insect s and forest tree d1 s� ases w1thm the forest and upon ::111y appearance or occurrence of such il1sects. or diseas� s�all re� ort to th� nearest fores t ranger or extention agent and s hall abide by their instruction s or directives. 7. Other Threatening Damages (I) No person shall bark, ha ck an d lo p fo rest trees. (2) No cutting of trees shall be carried out in a m,1nner that ma y imperil the normal regeneration of the forest. (3) Hauling of forest products shall be don e through' the established routes and paths and in a ma.oner that causes the least damage to the soil and the youn.g trees. 8. Penal Any pers on who contrav enes tl1e provis ion s of these Regulations or commits any offence under Article 7 of the Private Forest Conservation Proclamation No. 226 of 1965 or Article 9 of the Protective For ests Procla.mation No. 227 of 1965, shall be guilty of an offence and. sl1all upon conviction be punished in accordance with tl1e Pe11al Code. CROSS REFERENCE Pen. C. 16/Ex.l (1957) Arts. 364, 428, 430, 433-35, 488, 492, 505, 630, 635, 649-55, 733, 740, 758, 803-07.
9. Effective Date These Regulations shall enter into force on the date of tl1eir publication in the Negarit Gazeta. Don e at Addis Ababa tl1is 30th day of September 1968.
28 / I (1968) L. 344 REGULATIONS ISSUED PURSUANT TO 1'HE STATE FORSET AND PROTECTIVE FORESTS PROCLAMATION OF 1965 1. Issning Authority T�ese �egu�ations are is�ued by the Ministe r of Agriculture purs tiant to _ authority vested ! 0 him by Article 7 (e) of the State Fore st Procla1nation No: 225 of 1965, and Article 8 (f) of the Protective Forests Procl�iination No. 227 of 1965. 2. Short Title These Regulations ma·y be cited as tl1e ''Protect10 -· 11 of· St::tte Forests Regulations, !968''.
3. Definitions In thes e Regulatio11s unless the context otherw· se . . ,, ,, e qu1res, the word s : forest ' . i � . ,, ' . ' . ter '' Mlillstry'' '' aforest tree '' ''forest product ', '' Mmis per s on'' and '' wildl'1_fe" , ha e the shall v meaning as set forth iI1 Ar tic . 1e State Forest Proclan1at1on _.' le 3 of tl _ No. 225 of 196 5 and Article 3 of the protect1v e Forests Proclamation No. 227 of 1965.
- 910 -
MINING AND Co:�SERVATION
25-8
4. Precautions Regarding the Kindling of fires
�o. person sl1 all ki11dle a11 y fire in or 11ear ,my forest, brush la11d or land co11ta1n111g tree growtl1 except as J)rovided for below: (1) Wi �ho11t limitation to tl1e power of t11 e Mi11istry to 1)rol1ibit fire kindli11g d11r1ng any season of the year and i11 a11y part of Etl1iopia, forest inhabitants and persons worki11g in forests may kindle fires to tl1e extent tl1at such fires shall be necessary a11cl provided tl1a: all inflatnrnable 111aterials have been removed a11d reaso11able l)recautions have been t:1ken to preve11t any spread ing of same. Persons describecl in tl:is paragraph s1,all not leave any s11ch fire until extinguisl1 ed. (2) Any railroad co111pa11y operati11g steam or electric locomotives passing tbrot1gh forests or i11 areas adjacent ·.o forests sl1all take all reasonable and necessary precautio11s for tl1e prevention of forest fires. To tl1is end. any such company sl1all install 011 the locon1 otives devices for the prevention of esca.ping sparks a11d sl1all keep a suff:cient area on botl1 sides of the railroad clean of vegetation and inflammable materials. 5. Fire Extinguishing
Iii case of a forest fire, police and administrative authorities of tl1e Woreda, Awraja or the Govemor,1te General, as ma)· be necessary, may take all necessary and appropriate steps including requesting the assistance of the i11l1abitants in tl1e exting11ishing of such fires. 6. Other Threatening Damages Including Grazing
(1) No person shall bark, hack and lop forest trees. (2) No owner of cattle, sheep, goats or other domestic animals shall Jet such animals graze in forest nurseries, young forest plantations and regenerating forests. (3) Grazi11g Per111it (a) No person shall allow his livestock: in state and protective forests unless he bas previously obtained � grazing permit. (b) Provincial Agricultural offices. �hall issue g:a�ing permits, in accor dance with instructions to be given by the Minister. (c) Each grazing permit shall specify the parts of the forest where grazing _is allowed and the number of cattle allowed _to graze under s11ch permtt. It shall likewise specify the pericd of grazmg. (d) No such permit shall be giveD: in respect of forests in which gr�1zing may_ imperil the nor�al regeneration of the forest . (4) Ctltting ond Hauling (a) No cutting of trees shall be carr:ed out in a man.ner that may imperil the normal regeneration of the forest. - 911 -
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25-8,9
CONSOLIDATED LAWS OF ETHIOPIA
(b) Haulin.g of forest prodt1cts shall be don� tlirou�h the est�blished out � es tl1e least causes damage to the soil and and patlls and in a ma11ner tl1at the young trees.
7. Penal Any person wl10 contrave·nes tl1e provisions of t�ese. �.egula.tio�s or commit� any offence under Article 8 of the State Forest Proclamation No. 225 of _ 1965 or Article 9 of the Protective Forests Proclamation No. 227 of 1965 sliall be guJJty of an offence and shall upo� conviction be punished in accordance witl1 the Penal Code. CROSS REFERENCE Pen. C. 16/Ex. I (1957) Arts. 364, 430, 433-35, 488, 492, 505, 630, 635, 649- 55, 733, 740, 758, 803-07.
8. Effective Date These Regulations shall enter into force on the date of tl1eir publication in the Negc1rit Gazeta. Done at Addis Ababa tltis 30t11 day of September 1968. 28/1 (1968) L. 345
REGULATIONS ISSUED PURSUANT TO THE STATE FOREST PROCLAMATION No. 225 of 1965 1. Issuing Authority These Regulations are issued by the Minister of Agriculture pursuant to autl1ority vested in l1.i111 by Article 7 of tl1e State Forest Proclamation No. 225 of 1965. 2. Short Title These Regulations n1ay be cited as the ''Exploitation of State Forests Regt1lations, 1968." 3. Definitions In these Regulations unless tl1e context otl1er\vise req11ires, tl1e words: ''forest'', ''forest tree'', ''forest product'', ''Minister'', ''Ministry'', '' person'' and ''wildlife'' sl1all have the meaning as set fortl1 in Article 3 of tl1e State Forest Procla111ation No. 225 of 1965. 4. Forest Operation Plan e plo l stat No sl1a forest d �1lless i11 co1nfor111it)' witl1 a11 O!Jeration plan te be � � � � . or 1n _except1?nal cases 1n conforilllty with a . preliminary workiiig sclie111e, a.pproved a-?d issued 1n resp �ct o � st1ch fo �est by tl1e Mi11istry, provided, J1owever, that villagers and local in11ab1tants e11utled to JJtlrchase forest IJroducts tinder Article 6 (2) below are exempted from the provisions of tl1.is paragrapI1. 5. Marking the Trees for Cutting No tree sl1a]l be cut 11nder tl1e operation plan t1nless previotisly 1narked by the . _ Ministry. - 912 -
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i I
MINING ANb CONSERVATION
25-9
6. Methods of Exploitation Explojtation of sta te forests can be carried 011t
011 1y:
_
(a) by tl1e Mi11.istry; (b) by villagers a nd local inJ1abita11ts e11titled to p11rcl1ase state forest prodt1cts u11der paragrapl1 (2) of tl1is Article 6; 1 accorda11ce w .ith a sales contract sjgned in accordance j1 (c) b � co11cessio.u�jres _ wrtl1 the prov1sto11s of paragra1Jl1 (3) of tl1is Article 6.
(l) EX[Jloitatiorz by tile Mi11 istry Tl1e Mi11istry ca11 e11gage in the exploitation of state forests at a11y ti111e and onl� f �r the p11rpose of better pron1 oti11g the tim.ber resources of tl1e Etnpire of Etluop1a and to tl1e e�tent 11ecessary a11d proper to realize the purposes of the State Forest Procla111at1011 of No. 225 of 1965. (2) PLlrcl1ase by Villagers a11 cl Local lrzl1abitants of Stc1te Forest Prodz,cts In accordance witl1 instr11ctions to be issued by the Minister the Provincial Agrioultural Officer m.ay jss11e cutting per1nits to villagers and local i11l1abita11ts to exploit state forests in an amount that is necessary to satisfy tl1e ordinary domestic 11eeds of s11ch villager or local inhabitant, s11ch amo1u1t not to exceed i11 any 011e year the value of one thousand Etl1iopian Dollars (Eth. $1,000). A cutting permit sl1all be gra11ted to a me1nber of a. village comrn11njty provided suc11 111ember of a village co1nm11ru.ty is tl1e highest bidder followj11g a11 a11ctio11. (3) Exploitation by Con.cessionaires Exploitatjon of state forests by concessions c,111 be ca rried 011t only pursl1a11t to a sales contract between tl1e co11cessio11aire a11d the Ministry. The form of sucl1 sales contract shall be prescribed by the Minjstry. 7. Marketing All persons selling forest products acquired under an expl? itation. permit or under a sales contract shall iss11e to the purchaser proper receipts which sl1ould indicate the number of such exploitation permit or sales contract and the kind and a1nou.11t of forest products sold. No person shall utilise, process or possess forest products witl1011t receipts which indicate the nt1mber of exploitatio·n permit or sales contract. 8. Rules for Auction or Tender (1) Sales of forest products shall be according to a system of t� nd�r in cases where the value of the products exceeds one thousand Eth1op1an dollars (Eth. $1,000) and by a11ction in all other cases. (2) Su.ch sale shall be wi�ely advertised . i11 a �aily newspaper or by means of posters or otherwise f�r a period of- 110� less �.ban one moD:th prior to the date of the openmg of th� tender ?r the auction. The advert1s ment shall contain all the necessary 1nformat1on. - 913 -
25-9,10
IOPIA H T E F O S W A L D E T A ID L CONSO
ll �e conducted by a coinmitte e a . sh rs de ten of g . in (3) Auction sales or open . e rch Th a se shall be pu r. ste in1 M the by ted oin pp a of three personS ·to be . 1 no 'tt· b su i m o t•he highest or 1 b'd t es gh hi e th g rin fe of awarded to the person tender.
9. Penal Any person violating the provisions of these �egula tion_s o� commit s any offence under Article 8 of the State FoJest Proclama,t1?n N�. 225 of 1965 s�all be guilty of an offen.ce and sha ll upon conviction be pt1n1shed 1n a ccordance with the Penal Code. CROSS REFERENCE Pen. C. 16/Ex. I (1957) Arts. 364, 433-35, 488, 492, 505, 630, 635, 649-55, 733, 740, 803-07.
10. Effective Date These Regulations shall enter into force on the date of their publication in the Negarit Gazeta. Do11e at Addis Ababa this 30th day of Septen1ber, 1968. 28 / 1 (1 S68) L. 346
'
REGULATIONS ISSUED PURSU.lliT TO 1'0 F: PRIVATE FORESTS CONSERVATION PROCLAMATION No. 226 of 1965 1. Issuing Authority Tl1ese Regulations a re issued by tl1e Minister of Agriculture pursuant to autl1ority vested in him by Article 5, 6 and 8 of the Private Forest Conservation Procla111ation No. 226 of 1965 2. Short Title TJ1ese Regulations may be cited Regulations, 1968''.
as
the ''Exploitation of Private Forests
3. Definition In these Regulations unless the conext otl1erwise requires the \Vords: ''forest",
''forest tree'', ''forest prodt1ct'', ''Minis1er'', ''Ministry'', ''person'' a nd ''wildlife" sha ll have the meaning as set forth in Article 3 of the Private Forest Co11servation No. 226 ?f 1965. '' �epartment'' shall n1ean the Forestry Department n �roclamati ? _ 1n the M1n1stry of Agnculture acting under the authority of the Mi11ister of Agri culture. 4. Application for Forest Exploitation Permit 1) Any pers �n required to have a forest exploitation permit under Article 5 of the Private Forests Conservation Proclan1::1tio11 No. 226 of 1965 shall first submit an app]icatio11 to the Provjncial Agricultural Office. tion of documents by acco1upanied be sl1all above (1) der 2) The applic � � _ own�rslup 1ssu �d 1-?- accord ; ance wi,tl1 Article 1195 of t1 1e Civil Code of tl1e Empire of Ethiopia of 1960. - 91.4 -
MINING AND CONSERVATION
25-10
CROSS REFERENCE Civ. C. 19/Ex. 2 (1960) Art. 1195.
5. Operation Plan l) No private fo,r _est sl1all be 11tilized except j11 confor1 1nity witl1 ·a11 ope11ation plan pre·pared 10. forest of sucl1 specilic forest •and approved by tl1e Ministry. 2) Upo11 a11 applicatio11 beiJ.1g s11b111itted 1111der Article 4 above the Forestry Department shall c::1rry 011 a11 iJ1spectio11 of the forest ,md collect tl1e field data necessary for the preparation of the o_peration plan. 6. Obligation to Reforest (1) No operational plan sl1all be issued before the IJerson applying for a forest exploitation pern1it l1as IJrevio11sly Lndertake11 an obliga:tio11 to reforest tl1e area to be exploited and to maintain tl1e plantation. (2) Any person not complyi11g with his undertaking under Article 6 (1) above shall be obliged to surrender his existi11g cutting permit. He shall, jn additio11, 1101 entitled to anotl1er cutti11g pern1it. 7. Exploitation Permit T11e Department shall issue the forest exploitation permit simultaneously with the approval of tl1e operatjon plan and upon the applicant having undertaken to reforest the area to be exploited and mai11tain the plantation. Sucl1 exploitation pernut shall specify -parts of the forest to be exploited every y·ear and the amount and types of forest products to be re1noved. 8. Marking the Trees for Cutting Trees standing on tl1e area for which an operation plan has been approved and a cutting permit issued, can be cut only atter they have been marked by the Forestry Department of the Ministry. 9. Marketing All vendors of forest products selljng such products under an exploitation permit shall issue to the purchaser proper receipts which should indicate the nu:mber of the exploitation permit, and the kind and amount of forest products sold. No person shall utilise, process or possess Eorest products without receipts which indicate the number of the exploitation pernit. 10. Inspection of Cutting Operations The Forestry Department shall carry or periodical inspections of the cutt ing operations. 11. Records te -da e -to d rat an up cu an ac eep k all sh . est for te iva pr a g tin An y person explo record of such exploitation.
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25-10,11
PIA 10 1-t T E F O s w A L D E T A C0Nso1,10
12. Penal or ns tio commits any la gu Re e es . .· th of s on isi ov h e t An)' person __v1.olatin · 6 . n tio ma ala oc Pr on No ati erv ns Co � 22 ts res Fo � pl? · offence under Article 7 of -tl1e ri ate be punished in accor iction conv upo11 ll 1a 1. s d an ' e nc fe of of 1965 shall be guilty of an dance with the Penal Code. CROSS REFERENCE
Jlen. C. 16/Ex. 1 ( l 9S7) Arts. 364, 428, 430, 433-35, 488, 492, 505, 630, 63_ 5, 649-55, 733,
740, 758, 803-07.
13. Effective Date These Regulations shall enter into force on the date of their publication in tl1e Negarit Gazeta. Done at Addis Ababa this 30th d.ay of September, 1968. 28/1 (1968) L. 347
REGU LATIONS ISSUED PURSUANT TO THE PROTECTIVE FORESTS PROCLAMATION No. 227 of 1965 1. Issuing Authority These Regulations are isst1ed by the Minister of Agriculture pursuant to authority vested in l1im by Article 8 (a) of the Protective Forest Proclamation No. 227 of 1965. 2. Short Title These Regulations 111ay be cited as the ''Management of Protective Forests Regulations, 1968''. 3. Definitions In these Regulations unless the context otherwise requires, the words: ''forests'', ''forest tree'', ''forest product'', ''Minister'', ''Ministry'', ''person" and ''wildlife'' sl1all ba,ve the 1neani11g as set fort11 in Article 3 of tl1e Protective Forests Procla1nation No. 227 of 1965. 4. Management Plan Utilization, conservation or afforestation of a IJrotective forest, regardless of ownership, area and type of vegetative cover shall be i11 conformity with a manage n1ent p]a11 officially approvecl and issued by tl1e Mi 11 istry i11 respect of st1ch forest.
5. Utilization (1) No person shall utilize any protective forest unless tl1e n1 etl1od of utilization is 1noderate, selective cutting in conformity with tl1e n1a11agement plan approved and issued by the Ministry in respect of sucl1 forest in accorda nce witl1 Article 4 above.
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MINING AND CONSEI{VATJON
25-11
(2) No tree i n a protective forest for wh.ich a cutting pern1it I1as been issued. sl1 �I� be c11t -under the n1anagement pla11 w1less previously marked by the M1n1stry. (3) No person shall clear stt1mps or roots in protective forests. (4) Hau1.ing of forest prod11cts shall be i11 a n1anner wl1ich does not tend to create waterholes and. erosio11 and sl1all co11form to the management plan. (5) No owner of a protective forest sl1all utilize s11cl1 forest without first obtain in � a.n exploitation perm.it in co11for111ity with Article 7 of Exploitation of Private Forests Regulations No. 346 of 1968. CROSS REFERENCE Exp]oitation of Private Forests Regi1lations, 28/1 (1968) L. 346, 25 Corzsol. L. Eth. 12.
6. Marketing All vendors of forest products selling sruch products under an exploitation permit s,hall issue to the purchaser proper receipts wl1ich should indicate the nun1ber of the exploitation permit and the kind and amount of forest products sold. No person shall utilize, process or possess forest products without a receipt which indicates the number of the exploitation permit.
7. Afforestation (I) Any land bearing little or no vegetation and classified as protective fores1:
under Article 4 of the Protective Forests Proclamation No. 227 of 1965 shall be afforested in conformity with the management plan. (2) Afforestation expenses of State-owned protective forests shall be borne by the Imperial Ethiopian Government. Privately owned protective forests shall be afforested by the owner.
8. Penal Any person violating the provisions of these Regulations or commits any offence under Article 9 of tl1e Protective Forest Procla.mation No. 227 of 1965 shall be guilty of an offence and shall upon conviction be punisl1ed in accordance with Penal Code. CROSS REFERENCE Pen. C. 16/Ex. 1 (1957) Arts. 364, 428, 430, 433-35, 488, 492, 505, 630, 635, 649-55, 733, 740, 758, 803-07.
9. Effective Date These Regulations shall enter into force on the date of their publication in the Negarit Gazeta. Done at Addis Ababa this 30th da.y of September, 1968.
- 917 -
25-12
IOPIA H T E F O S W A L D CONSOLIDATE
28/ 1 (1968) L. 348 E F T A IV E S R E P R T O O T H S T T N A U S R U P D E U S IS S REGULATION 5 f 6 6 . o 2 9 o 2 1 N N IO T A M A L CONSERVATION PROC
I. Issuing Authority These Regulations are issued by the Mi�ister of Agriculture �ursua nt t o au.tbority vested in him by Article 6 (c) of -the Private Forests Co11servation Procla mation No. 226 of 1965. 2. Short Title The Regulations may be cited as ''Establishment of Community Forests Regulations, 1968''. 3. Defintions In these Regulations unless the context otherwise requjres, the words: ''fores'', ''forest product'', ''Minister'', ''Ministry'' and ''person'' shall have the mean ing as set forth in Article 3 of tl1e Private Forests Conservation Proclam.ation No. 226 of 1965. ''Departn1ent'' sl1all mea11 the Forestry Department of the Mi11istry of Agriculture acting under the authority of the M.injster of Agriculture. 4. Community Forest Commission Tl1e Department is hereby authorized .in consultation with other Ministries or orgarlizations to establish in Forest Commissions which shall be composed of the following:
(1) the Woreda governor; (2) tl1e l1ead of tl1e Agricultural Section of the area; (3) the local school director;
(4) three local elders; (5) the forest comn1issionaire of tl1e respective province; (6) the representative of the Ministry of Natio11al Comn1unitv Development and Social Affairs. 5. Functions of Community Forest Commission
(1) WitlJin 30 d�ys of its est:iblisl11nent, tl1e Forest Conuniss.ion shall n1eet and select a �1te of an area of not less tl1an 20 J1ectares to be dedicated for tl1e con1n1un1ty forest. (2) Tl1e Commission 1na.y, as it deems fit, establisli stich common funds necessary for the develop1nent of con1111u11ity fore envi saged herein. sts (3) In selecting · tlJe com1nuruty forest site, tlle c far so m· 11 h s a omm1ss1 , on · pract1cable, .· · t 1s as 1: select st1cl1 ]ands wliicli are suitable fo r effective affo re station. - 918 -
MINING AND CONSERVATION
25-12,13
wl1?se �ands have been taken shall upo11 verification be given. (4) �n dividuals _ fair co?1 p�n�at1on 111 adva11ce from the community fund. I.ndividt1als who not willing to s �1rrender their rigl1ts in accordance witl1 these Regula are _ tions sl1all l1ave tl1e1r Ia11d expropriated i1 1 accordance with the law. (5) State lands fot1nd witl1in or i11 the vicinity of tl1e community may be gra11ted for sucl1 purpose. (6) Tl1e Co1ru11t1_nity Forest Co1nmission shall decide what species of trees are to be pla11ted a11cl prescribe tl1e manner of planting them. (7) Tl1e Co1111n.ission 1nay req11est seedlings and other technical assistance from the nearest agrict1ltt1ral station of the Ministry. (8) Pla11ting of the con1mu1lity forest shall be under tl1e supervision of the Commission. 6. Management of the Community Forest (1) Tl1e land. included in the con1mt1nity forests, including all forest and forest products fo11nd tl1ereon, sl1all remain tl1e property of the commu.nity and sl1all be conserved, ma11aged, protected and utilized in accordance with the Regulations of the Privat•e Forests Conservatio11 Proclama:tio-n No. 226 of 1965. ,
(2) The Commission shall in accordance witl1 forest laws and regulations, prescribe rules and principles for the distrib-ution of forest products from the com1nunity forest.
7. Penal Any person violating the provisions of these regulations or commits any offe11ce under Article 7 of the Private Forest Conservation Proclamation No. 226 of 1965 of Article 9 of the Protective Forest Proclamation No. 227 of 1965 shall be guilty of an offence and shall upon conviction be punished in accordance with tl1e Penal Code. CROSS REt'ERENCE Protective Forests Proclamation, 24/ 17 (1965) P. 227, 25 Consol. L. Eth. 6, Pen. C. 16/Ex. 1 (1957) A.rts. 364, 428, 430, 433-35, 488, 492, 505, 630, 635, 649-55, 733, 740, 758, 803-07.
8. Effective Date These Regulations shall enter into force on the date of their publication in the Negarit Gazeta. Done at Addis Ababa this 30th day of September, 1968. 28 / I (1968) L. 349 REGULATIONS ISSUED PURSUANT TO 'I'BE: STATE FOREST PROCLAMATION No. 225 of 1965
1. Issuing Authority These Regulations are issued by the Minister of Agriculture pursuan't t© """ laim st Proo · a the State Fore of (k) and (e) (d), 7 cle Arti by him in authority vested tion No. 225 of 1965,
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TL·IIOPIA E F O S W A L D E T A lD CoNSOL
25-13
2. Sb ort T itle rs a . ge ul an eg R R of n, s tio er ow ''P e th 1968" as d . te h c,· · be T ese R eguI at.Ions may 3. Definitions
se requjres, tl1e word s: i rw 11e ot t ex nt co e th In t·he se Regu1at'1ons unless . rson'' a11d ''wildl'f ' pe e 1 J , M er · t '' s s ' mi ' JalJ '' t'', ' uc od pr t res . ''fo ''forest'' ''forest tree'' tate Forest Proclamation No. 2? S · e th -5 · of ' 3 le ic rt A 11 th have th'e mearung set f or 1 of 1965.
4. Establishment of Forest Ranger Service 'Iihere is hereby establisI1ed a forest ranger service . for the protectio11 of forests and the implementation of forestr y laws and regulat1011s. 5. Duties and Powers of Forest Rangers. Subject to instructions to be issued by the Minister fro111 time to tin1e, Forest Range rs shall have the duty and power to:
(1) mark forest trees suitable for exploitatio11; (2) e ns11re tl1at exploitation of forest products is car·ried out in accordance wj th cutting p ermits and/ or co11cession a.gree111ents; (3) issue certificate of origi11 for forest products bei11g 11tilized, removed or possessed i11 accordance with forestry laws ru1d regulations; (4) e11s11re th.at the exploitation of forest products is carrie d out in accordance witl1 forest o_peration pla11s; (5) S11pervise the execution of afforestation and reforesta tion schemes; (6) measure and control forest products being utilized, remove d or possessed in accordance witl1 forestry laws and regi1lations; (7) r e port ge neral forest conditions to the Provincial Agricultural Office; (8) require any person found in possession of forest products to produce valid certificates of origin; (9) take over possession of forest products as well as the vehicle or animals,
if any, on which tJ1ey are loaded, from any person found in possession of fore st products without valid certificates of origin. A11 � forest ranger who has occasion to t ake action as provided in Article 5 (8) or 5 (9) above shall report to tl1e nearest Agricultural office.
6. Uniforms and Arms. F� rest rangers s11�1�, while on duty, wear su cl 1 tmifo rms a11d ar111s as sl1all be deterlillned by tl1e M1ruster. 7. Penal. Any p erson violating tl1e provisio11· s o f tlie se ReguI at·1ons sl1a II b e g111·1t· y of . a1 1 o fience an d 11po11 conv1•ct1o n b e p1111isl1ed j 11 accordai1ce w itli tlie Penal Code. CROSS REFERENCE
Pen. C. 1'.5/Ex.1 (1957), Arts. 364, 433, 733, 803_04_
� 920 -
MINING AND CONSERVAT ION
25-13, 14
8. Effective Date These Regulatio11s shall enter into force · on tl1e date of tl1eir _ · bl . 1011 m pu ica t·· Negarzt Gazeta. tl1e Done at Addis Ababa tl1is 30t11 day of Se pten · ,ber, 1968.
28/1 (1968) L. 350 REGULATIONS ISSUED PURSUANT TO THE STATE FOREST PROCLAMATION No. 225 of 1965 1. Issuing Authority T �ese Regu�ati�11s are issued by tl1e Minister of Agrict1lture purst1ant to at1tl1or1ty vested 111 h1n1 by Article 7 (d), (e) and (k) of the State Forest Proclama tion No. 225 of 1965.
2. Short Title These Reg1llations may be cited as tl1e ''Powers of Forest Guards Regcla tions, 1968''. 3. Definitions In these Regulations unless the conitext otherwise reqti ires, tl1e words: ''forest'', '·forest tree'', ''forest product'', ''Minister'', ''Ministry'', ''person'' a11d ''wildlife'' shall have the meaning as set forth in Article 3 of tl1e State Forest Proclamatio11 No. 225 of 1965. 4. Establishment of Forest Guard Service There is hereby established a forest g·uard service for the protectjon of forests ,and the implementation of forestry laws ·and [egttlations. 5. Duties of Forest Guards Forest G11ards shall have the following duties: (1) to gua.rd and protect State forests; (2) to ensure that the removal, utilization, processing and possession of forest products, whether from a State forest or a private forest is carried ot1t in accordance with forestry laws and regulations; (3) in accordance with directive to be issued by the Minister and regulations. to ensure the implementation of forest laws. 6. Steps to be taken by Forest Guards Forest Guards shall have the following powers: (1) to require any person found in possession of forest products to produce valid certificates of origin; (2) to take possession of forest products as well as the vel1icle: or anim� ls, if any, upon which they are l�aded, . �om any pe7:s� n fotmd 1n possessJon of forest products without valid certificates of or1g1n. Any forest guard who has occasion to take action as provided in Atrtiicle
- 921 ,
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PIA IO J-l T E F O S W A L D E T A ID L O CONS
e. ic l ff ra O tu ul ic gr A t es ar ne e th to rt 6 (1) or 6 (2) above shall repo
7. Uniforms and Arms d s a11 ms rm ar ifo as shall be u11 ch su ar we ty, du on ile Forest guards shall, wh determined by the Minister. 8. Penal s ion sh�ll be guilty of lat gu Re ese th of s on isi ov pr . the ing . Any person violat ance w1tl1 Penal Code. aJl offence ruid shall upon conviction be punished 1n accord CROSS REFERENCE Pen. C. 16/Ex.1 (1957) Arts. 364, 433, 733, 803-04.
9. Effective Date These Regulations shall enter into force on the date of their publication in tl1e Negarit Gazeta. Don·e at Ad.dis Ababa this 30tl1 d.aj' of September, 1968. 28/1 (1968) L. 351
REGULATION ISSUED PURSUANT TO TOE STATE FOREST AND PRIVATE FORESTS CONSERVATION PROCLAMATION OF 1965 1. Issuing Authority These Regulations are issued by the Minister of Agriculture purst1ant to authority vested in him by Article 7 (k) of the State Forest Proclamation No. 225 of 1965 and 6 (g) of the Private Forests Conservation Proclamation No. 226 of 1965. 2. Short Title These Regulations n1ay be cjted as tl1e ,,�frade of Sc1w Logs and Veneer Logs Regulations, 1968''. 3. Definitions ! ', t ''fores the context otherwise requires, the words: In these Regulations unless ''forest tree'', ''forest product'', ''Minister'', ''Ministry'', ''person'' ruid ·'wildlife" sl1all have the mea11:ing as set forth in Article 3 of tl1e State Forest Proclamation, 1965. 4. Report Ev �ry person opeprating a sawmill, ve11eer mill, plywood factory, or any plant processing forest products, �hether fro111 a state forest or private forest shall annually b11t not later tl1an thuty (30) days after the 30tl1 of Sene of eacl1 year, sub1nit to tlJe Ministry a report whicl1 shall include all inforn1ation as to: (1) tl1e ownership of tl1e plant; (2) the location, capacity and mecl1a1tlcal descri1Jtion of t11e plant; a11d (3) the vol11me of prod11ction for the year. The report sl1all be submitted in three (3) copies and in the form attached hereto as Annex. - 922 --
i
MINING AND CoNSERVATTON
25-15
5. Penal A11y person req11ired to sub111it a report 11nder Article 4 above and failing to submjt s11cl1 report witl1in the tin1e a11d i11 the form prescribed sl1all be guilty of an offence a11d shall upon convinction be p1111isl1ed in accordance with the provisions of tl1e Penal Code. CROSS REFERENCE Pen. C. 16/Ex.l (1957) Art. 758.
6. Effective Date Tl1ese Regu]atio11s shall enter inlo for,�e 011 the date of their publication in the
Negarit Gazeta.
ANNEX TO THE LEGAL NOTICE No. 351 of 1968 Trade of Saw Logs and Veneer Logs Regulations l. O\vner of t be pl,111t ....................... ...... (If tl1e plant is Government owned, state tl1e name of the Manager� Concessionaire or the Ten:1nt). 2. Locatio11 .................................................. . 3. Capacity (state the volume of saw logs and veneer logs processed in tl1e course of the last year) .................. 4. Principal machines (fran1e sa.ws, circular saws, peeling or cutting machines, etc.) ................................................ 5. N1m1ber of employees (Ethiopian and Foreign) ............... 6. Trade in forest products : A. Stocks in the beginning of the period covered by this report: Veneer Logs Species number volume
Saw Logs Species number volume
B. During tb.e period covered by the present report: B.1.1. Purchased from .................. ..... Permit No. ............... (state only the quantities brought to the plant) Ven�er Logs Species number volume
Saw Logs Species number volume
- 923 -
CONSOLIDATED LAWS OF ETl-UOPIA
25-15
B. 1.2. Purcl1as.ed from ................ ........ Permit No ..•·•••···••· (state only tl1e quantities brought to the pla.·nt) Veneer Logs Saw Logs Species number volume Species nun1ber volume
B.1.3. Purcha.sed from .. ...................... Permit No. ........... . (state only the quantities brought to the plant) Veneer Logs Species number volume
Saw Logs Species number volu.me
B.2.2. Own production in the state/private forest Pernlit No. ......... ... (state only the quantities brought to the plant)
• ••• •• •••• ••
Ven.eer Logs Species 11umber vo111□1e
Saw Logs Species number volume
Date
Signature
(name of the person responsible for the credibility of tl1e quoted figures). B.2.3 Own production in t11e state/private forests .............. . Permit No. • • • • • • • • • • • • (state only the quantities brought to the plant) Saw Logs Species number volume
B.3. Total (B.l.
+
Veneer Logs .... Species number volun1e
B.2.)
Saw Logs Species number volume
\1eneer
Logs Species number volume -- 924 -
MINING AND CONSERVATION
25-15,16
Done at Addis Ababa t'bis 30th day of September, 1968. D. Parks 28 / 4 (1969) 0. 54 AN ORDER TO PROVIDE FOR THE ESTABLISHM.ENT OF THE AWASH NATIONAL PARK CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS, the preservatio11 of Ethiopia's wild life reqt1ires that national parks be created. within wl1ich adequate protection will be afforded to these natural ricl1es of the nation; and WHEREAS, jt ap-pears to Us appropriate that sucl1 a park be established in tl1e vicinity of Awash Stat.ion in the Province of Sl1oa: NOW. THEREFORE, in accordance with Article 130 of Ot1r Revised Consti tution and on the advice of Our Council of Ministers. We hereby order as follows: 1. Short Title: T]l.is Order may be cited as the ''Awash National Park Order, 1969''. 2. Establishment: There is hereby established, within the Prov·ince of Shoa, the Awasl1 NationaJ Park. to be composed of tl1e area defined by Geographical Longitude ,md Latitude in degrees and minutes. A.
Commencing from:
B C D. to:
LO. LT. LO. LT. LO. LT. LO. LT.
8 °' 39 ° ' 9°' 39 ° , 9 °, ° 40 ' 8 °, 40 ° ,
56' ' 58 ' 45 07, 06' 08' 58' 58'
N E N E N E N E
3. Administration: The Awash National Park shall be administered in accordance with all appli cable laws and regulations by the department of Our Government thereunto duly authorized. 4. Effective Date: This Order sl1all come into force on the date of its publication in the Negarit Gc1zeta. Done at Addis Ababa ffllis 6tl1 day of January, 1969. - 925 -
26.. 1
Section 26
LAND REFORM AND ADMINISTRATION 16 / 4 (1956) G. 221* Tl1 e following is published for General I1 1forn1ation CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS, it has always been Our duty to promote the agriculture and co·mmerce of Our people in order to advance their prosperity and well being; a11d WHEREAS, on tl1e 23rd Tekemt 1945 upon Our own motion We granted in full ownership one-third of a gasha. of land to those v;,ho were then in occupation of Maderia land; and WHEREAS, We are miI1ded to exercise Our prerogative of mercy in respect of certain persons detained in Our Prisons; NOW, THEREFORE, on this occasion of the Silver Jubilee of the twenty-fifth A11 11iversary of 011r Coro11ation, We order as follows: 1.
(i) We do l1ereby terminate all services sucJ1 as monthly special constable duties wl1ich are rendered by th.ose wl10 a.re in occupation of Maderia land a.nd WE DO NOW HEREBY GRANT an extension of Our grant of the 23rd Tekemt 1945, in respect of tl1e re11 1aining two-thirds of Maderia land of the occupants thereof to enjoy i11 ftill ownersl1ip for them as rist (freehold land). (ii) Those persons to whon1 these grants are hereby made sl1all pay full taxes on the basis of rist (freehold land) as from the day of 1st Meskerem, 1949. Tl1ose who are rendering services as special constables shall continue to do so w1til s11cl1 time as their duties can be taken over by Our Police Force. (iii) And \ve do hereby order that Our Mi11ister of lI1terior slJall i 11 accordance wit]1 the Rules in force provide salaries for tl1e services so rendered by Our special constables until sucl1 time as tl1e Regular Police Force sl,all take over these duties. (iv) We do hereby order that 011r Minister of I11terior a11d Our Minister of Finance do register in the Governn1e11t Land Register with effect fron1 this d �y of Our Proclamation tl1e deeds of title ii; full ownersl1ip of tl1e Mader1a land hereby granted u_pon pay1ne11t of a registration fee of one Ethiopian dollar.
CONSOLIDATION NOTE Toe Amharic version of Article 1 (ii) says, "Tl1ose lJersons to \,Vhon1 tl1ese grants are 11.ereby made sh �11 pay full taxe � on the basis of rist (freeli old land) beginning fron1 Meskerem, 1949. , It cloes not specify the 1st day of Mekerem, 1949.
- 926 -
LAND REFORM AND AD!vIINISTRATION
26-1
2. We do l1ereby order a review of baJtk loan interest cl1arges with a view to red11ction by the National Ba11k. of Et11iop a 011 all loa• ns today ol1tstanding and on a11 loa11s i11 tl1e fut11re to be granted. We f11rther order t]1at co11sidera.tion b:! given to the openil1g of otl1er banks in Etl1iopia. CON,SOLIDt\JJON NOTE !111.pl. a111cl. 22/20 (1963) P. 206 Art. 17, 1� Consol. L. Eth. 4-17, (which authorized the National Bank of Ethiopia to fix 1ninin1un1 and maximun1 rates of interest which banks may
charge on loans.)
3.
(i) By virtl1e of Our prerogrative We l1ereby gra11t pardo11 and order tilie release fro111 c11stody of any penon who before or during the invasion and occ11pation of Our Em_pire, tJ:. at is, fro1n the 3rd day of October, 1935 to t11e 5th day of May, 1941: (a) was convicted of homicide 01 who hereinafter shall be charged with hon1icide in respect of the aforesaid period; provided that any perso11 sentenced to deatlh who is pardoned by virtue of this proclamation shall not reside within the ;'Woreda Ghizat'' (District) wl1ere tl1 e crime was committed, unless he s·hall have first reco11ciled witl1 the l1e.irs of tl1e victim in respect of whom he was sentenced to death; (b) was convicted or shall hereafttr be charged of arson, robbery or oilier offences agai11st property. (ii) We do l1ereby commute every sentence of life imprisonment for
homicide, arson, robbery e>r other offences against property to 20 years' imprisonment to be calculated from the date of ilie arrest of the convicted person.
(iii) We do hereby grant recuction of sentences to all persons at present undergoing terms of imprisonm , ent as follows: (a) six months on senten:es of from one to five years; (b) two yea.rs on sentences of from five to ten yea.rs; · (c) th.ree years on sentences of more than ten years. 4. We do hereby release from the obligatjon to pa.y the pr�oribed fines that may be imposed hereafter for the nonpayment of land tax, exc1se tax and other tax, provided the same be paid prior to the close of the year of 1948 (10th September,
1955). Done at Addis Ababa this 3rd day of November, 1955. *INTRODUCTORY FOO'INOTE Imp/. amd. 22/20 (1963) P. 206.
- 927-
27-1
Section 27
COMMUNITY DEVELOPMENT AND SOCIAL AFFAIRS 16/5 (1957) 0. 16*
AN ORDER TO ESTABLISH THE BOARD OF NATIONAL C0l\1MUNITY DEVELOPMENN'T CONQUERING LION· OF THE TRIBE OF JUDAH HAILE SELASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA Having observed Our Order No. 15 of 1957, to establisl1 tl1e Ministry of Natio11al ConJmlllnity Development; NOW, THEREFORE, in accordance witl1 Article 27 of Our Constiution, We order as follows : l. Tl1ere js l1ereby establisl1ed tl1e Board of Natjona.l Community Develop ment. 2. The membership of the Board shall be comprised of the Mjnister of National Community Developme11t and Social Affairs and the following members to be appointed by Us: 011e .me1nber from the Mi11istry of Public Healtl1; one rr1ember from ll1e Ministry of Education and Fine Arts; one member fro111 the Ministry of Interior; one me1nber frorn tl1e Ministry of Agriculture; one Bisl1op; and one me1nber to be appointed by Us. 3. The Minister of Na.tional Community Develop1nent and Social Affairs will be the President of the Board, and. one of the n1embers sl1al.l be appointed as V1ce President by Us. 4. It sl1all be the duty of the Board to make deliberatio11s and. decisions in respect to tl1e co-ordination of the activities of the vario11s Ministries as provided. for in Article 5 of Order No. 15 of 1957 as an1ended, and to\vards better achievements. The Board is res1Jo11sible to Us for its decisions. 5. Our Minister of National Com1nunity Development and Social Affairs shall submit to Us the decisions of the Board reacl1ed by 1nniorit)' votes a11d execute them with Ot1r approval. 6. The Board shall establish the 11ecessary rt1Ies and regt1latio11s for its pro· cedure. Done at Addis Ababa this 29th day of J a1111ary, 1957. •
* INTRODUCTORY FOOT·NOTE
After tl1e present Order \\'as issuecl, 14-/3 (1954) O. 15 ,:vas an1e11decl by 25/23 (1966) 0. 46, _cl1anging tl1e 1�an1e of tl1e Mirtistry of National Con1n1u11ity DeveloiJnlent to .i\ �inistry of Na!1011al C<;>1�1111t1n1t)1 Develo1J111ent a11cl Social Affairs, a11d tlltts iinJJliedly amench ng t11e operattve prov1s1ons of tl1e present Order to tl1at effect. TI1ese changes 11ave not been noted individ11ally. Corr. 16/6 (1957) C.37 (English only).
- 928 -
r
COMlvlUNITY DEVEf�OPlvlENT AND SOCIAL AFl:;-AJRS
27-2
25/24 (1966) P. 241
CO-OPERATIVE SOCIETIES PROCLA1\1ATION CONQUERING LION OF TI-IE TRIBE OF JUDAI-I fI1-\ILE SELASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WfIEREAS, Ot1r People l1ave understood tl1e useful11ess of co-operative activities a11d it is expe11die11t to provide a proper basis for the formation of Co operative Societies wl1icl1 sl1aJl pro111ote tl1rift mutual l1elp and self-help amo11g perso11s sl1ari11g co111n1011 11eeds a11cl des.ires; NOW, THEREFORE, in accorda11ce with A1·ticles 34 a11d 88 of Our Revised Co11stilt1tio11, We approve the resolutions of Our Cha111ber of Deputies and Senate and We l1ereby procl,1i111 as follows: C O N T E N T S PART I - PRELIMINARY I. 2. 3. 4. 5. 6. 7. 8. 9. 10.
11. 12. 13.
Sl1ort Title Repeal Definitions Pt1rposes a11d Objects of Co-operative Societies Registr,1r . PART II - FORMATION AN: D REGISTRATION OF SOCIETIES Types of Societies Name of Society Forn1atio11 of Society Application Registration Society to Have Juridical Personality A1nend.ment of Rules Change of Liability, Transfer of Assets and Liabilities, Division or Amalgamation . PART III - MEMBERS OF SOCIETIES AND THEIR RIGHTS AND OBLIGATIONS
14. Persons who May Become Members 15. Nominal Men1bers 16. Register of Me1nbers l 7. Member 11ot to Exercise Rights Till Due Payment Made l8. Voting 19. Restriction on Holdin.g Shares 20. Restrictions on Transfer of Shares or Interest 21. Transfer of Interest on Death of Me111ber 22. Liability of Past or Deceased Member
- 929 -
27-2
CONSOLIDATED LAWS OF ETI-IIOPJA
PART IV - ORGANS OF SOCIETIES 23. 24. 25. 26. 27. 28.
Supreme Authority in Socjety Ordinray General Meeting Special General M.eeting Executive Committee Supervision of Executive Committee Securing Possession of Books and Records PART V - PRIVILEGES OF SOCIETIES
-
29. 30. 31. 32.
Priority of Claims by Society Charge a.nd Set-off in Respect of Sh,1res or Interest of Members Shares or Interest Not Liable to Attach1nent or Sale Government Aid and Exemption from Taxes PART VI - PROPERTIES AND FUNDS OF SOCIETIES
33. 34. 35. 36. 37.
Funds Not to be Divided Disposal of Net Profits Investment of Fu.nds Restrictions on Borrowings Restrictions on Loans PART VII • ·- AUDIT, INQUIRY AND INSPECTION
38. 39. 40. 41. 42.
Audit Inquiry Inspection Powers in Respect of Audit, Inquiry and Inspection Suroharge PART VIII - ARBITRATION
43. Disputes to be Referred to Arbitration 44. Settlement of Disputes PART IX - DISSOLUTION AND WINDING-UP OF SOCIETIES 45. 46. 47. 48.
Dissolution Liquidator Powers and Duties of Liquidator Cancellation of Registration - 930 -
COMM1JNITY DEVELOPME1'T AND SocJ,..\L AFFAIRS
27-2
'"
PAR f X - DECISION, APPEAL AND EXECUTION 49. 50. 51. 52. 53.
Pri11ciples of Decision Co-operatives Tribtmal 1-\ppeal Perso11s to }lave Powers of Civil CGt1rt Execution
,
PART XI - MISCELLANEOUS 54. 55. 56. 57. 58. 59. 60. 6 l.
--
Use of 1 er111 ''Co-operative'' Address of Society Proclamation, Regt1latio11s a11d Rules to be Open to Inspection Service of Docu1nents Acts of Societies not to be Invalidated by Certain Defects Con1n1ercial Code Not Applicable Regtllations Effective Date PART I - PR3LIMINARY
I. S/1ort Title
This Proclamation may be cited as tre ''Co-o,perative Societies Proclamation ' 1966''. 2. Repeal
The Fann Workers' Co-operative Decree, 1960 (Decree No. 44 of 1960) is hereby repealed.
3. Definitions In tJhis Proclamation, unless the conteict otherwise requires: ( l ) ''amendment'' shall 1nean an amerdment of the rules and shall include a new rule and the rescision of a rule; (2) ''Executive Committee'' shall mean th.e directing body of a society e11trusted with the management of such society; (3) ''legal representative'' sl1all mean a person so declared under the provisions of the Civ¡il Code of 1960 by a cJ, mpetent court; (4) ''member'' shall mean any physical or juridical person who is a member of a society and shall include a 1omin¡al member; (5) ''Minister'' and ''Ministry'' shall mean, respectively, the Minister and Ministry of National Community Development and Social Affairs; (6) ''officer'' shall mean a president, vi;;e-president, secretary, manager, member of an Ex.ecutive Committee, trea.surer, administrator or liquidator ofi a
- 931-
CONSOLIDATED LAWS OF ETHIOPIA
27-2
society and sllall in.elude any o �he r J?erson empowered under t�e re� ula. tions or tlle r,ules to give direct1011s m regard to the conduct Ot b11s111ess of a society; (7) ''prescribed'' sl1all mean prescribed by regulations; (8) ''Registra.r'' shall mean a person appointed under Article 5 he�e of and shall j 11clude any perso11 when exe1cising sucl1 powers of tl1e Registrar as may be d.elegated to him; (9) ''regulations'' shall mean regulatio11s issued under this Proclamation by the Mi1tister; (10) ''rules'' shall mean the r11les of a society and sl1all include all amendments thereto; (11) ''society'' shall mean a Co-opetrative Society registered u11der this Procla• 111ation; (12) ''society witl1 limited liabiltiy" shall n1ean a society whose me1nbers are, i11 tl1e event of its bei11g wo111Jd up, liable for such society's obligations to tl1e extent of any amount still owing on account of sl1ares held. by them and, i11 additio11 to a11y multi?le of tb.e value of s11ch shares as pro\1ided i11 tl1e rules of sucl1 society; (13) ''society witl1. u111imited liability'' shall mean a society \Vl1ose n1embers are, in ilie event of its bei11g wound up, personally joi11tly, severally and fully liable for such society's obligations; and (14) ''s1)ecial resolution'' s,hall mean a resolution passed by a 111ajorit)1 of two· tl1irds (2/3rds) or such l1igl1er quorum or 111ajority as n1ay be specjfied in the rules. 4. Purposes
a11d
Objects of Societie�
Societies organized under tl1is Proclamatio11 sl1all l1ave as tl1eir principal purposes a11d. objects tl1e pro1notion, in accordance witl1 co-operative principles and the requiren1e11ts of social jt1stice, of better livi11g, better busi11ess and better 1nethods of prod11ctio11 by sucl1 111ea.ns as : (1) reducin.g tl1e cost of credit; (2) redt1cing the cost of goods and services for productio11 and const1n1ption; (3) mi11imizir1g and redt1ci11g tl1e individual impact of risks a11d u11certainties; (4) spreading knowledge of pract:cal teclmical i1nprove111e11ts; or (5) n1ay otl1erwise contribute to ,1cl1ieve tl1e above-111entio11ect purposes a11d objects. 5. Registrar (1) A �e �istr�r of Co-operative for t11e effective Societies a11d, if 11ecessary _ 1 e Registrar as set 1011 admjn1stra )011sibilities of t] ut1es a.nd res of tl1e � � 1 _ fortl1 111 tlus Procla111at1on or �s n1ay be prescribed. a Dep11ty Registrar of
-932 -
COMMUNITY DEVELOPMENT AND SOCIAL AFFAIRS
27-2
Co-operati:'� Societies sl1all appointed by Us t1pon tl 1e recommendation. be _ _ of �11� �rnist�r. Tl1e M1111ster 1nay appoint a11 Assista11t Registrar or Assistant Registrars of Co-operative Societies as necessary. All of these sl1all_ be perso11s of _ l ?11g experience in tl1e pubtic service a11 d, wl1ere possible, 111 tl1e ad1n1n.1stration of societies. (2) TJ1e Dept1ty Registrar and. any Assistant Registrars shall exercise sucl1 ��wers of t]1e Registrar and discl1a.rge st1ch of l1is dt1ties a11d res1Jonsibi l1t1es as n1ay be prescribed. PART II - FORMATION .AND REGISTRATION OF SOCIETIES 6. Ty/Jes of Societies Societies shall be of two (2) categories: (1) primary societies, wl1icl1 shall be comprised of not less than ten (10) individt1al me1nbers; and (2) secondary societies wl1icl1, in addition to other mem.bers w110 may be either pl1ysical or juridical perso11s, sl1all be comprised of at least one (1) 111ember wl1ich is a11otl1er society a11d sl1all in all cases possess limited liability.
7. Na,rze of Society (I) The word ''co-operative'' shall appear in the name of every society. (2) The word ''limited'' shall appear in the name of every society with limited liability. (3) TI1e na1ne of every society shall be conspicuously affixed o·n any place in which the business of tl1e society is carried out and shall ap·pear in all notices, advertisements correspondence and other publications of the society and on all negotiable instruments purporting to be signed by o·r on behalf of the society.
8. Form.c1tion of Society (1) The formatio11 of a society shall be initia.ted through a general meeting of promters wllich shall take all decisions necessary for the formation and registration of ·the proposed society and shall in particular; (a) adopt the proposed rules; and (b) prepare the application for registration. (2) The rules shall confor1n with sruch requirements as may be prescribed and may follow such model rules as may be prepared by the Ministery.
9. Application (1) Application for registration of a society_ shall be submitte? to the Registrar in the form specified by him and shall mclude the following: (a) the name, objects and area of operations of the proposed society; (b) whether the liability of the proposed society is limited or unlimited; (c) the names of the applicants, wl10_ s b. a� not be fe":'er than t�n (10) where the application relates to the reg1strat1on of a pnmary society, togehter
- 933 -
CONSOLIDATED LAWS OF ETI-OOPIA
---:-�-�---. ----------27-2
with suc11 pa.rticulars as are necessary to_ establis.h that sucl1 applic ants are qua]jfied for membership under Article 14 hereof;
(d) two (2) copies of the proposed rules; and (e) such other particulars as may be prescribed.
(2) Tl1e application sl1all be signed by ea�h _i� dividual appli� ant _ and by th_e duly authorized representative of any 1ur1d1cal person wb1ch is an appli cant. (3) The Registrar ma.y require the appljcants to furnish to h}n1 additional
information relating to the economic background and potential of the pro posed society.
I 0. Registration (1) Where the Registrar is satisfied that an applicat�on conforms _with the requirements set forth in this Proclamation and 1n the. reg11lat1ons a�d that the proposed. society will serve the purposes and obJects set f ortb 1n Article 4 l1ereof, he sl1all register such society and its rules and shall issue to tl1e applicants a registra.tion certificate signed by him and showing the date of such registration. (2) A registration certificate issued pursuant to paragraph (1) of this Article 10 shall, unless the registration of the society bas been ca.ncelled, be con cl11sive evidence t11at the society therein mentioned is a societ:)1 duly registered under this Proclamation. 11. Society to I-Ia. ve Juridical Personality A society shall become and be a juridical person as of the date of registration thereof. ,· 12. A111e. nclment of Rules (1) A society may an1end its rules on such conditions as are provided in this Proclamation and as may be prescribed or specified in tl1e rules. (2) No such amendn1ent sl1all be valid until it has been regis .... tered l1ereu11der, for which purpose two (2) copies of a11y proposed amendment sl1all be forwarded to the Registrar who shall register same wl1en l1e deter1nines that the effect thereof will be consistant with tl1e p11rposes and objects set forth in Article 4 hereof and sl1all there11pon issue to tl1e society a copy of such amendment dated and certified by him wlticl1 sl1all be conclusive evidence of the fact such an1endme11t has been approved a11d l1as on such date been d11ly registered. 13. Cl1an.ge of Liability, Trc111.sfer of Assets and Liabilities, Divisiori or A111alga111.ation (1) A so�iety 1nay b � a. specia1 resolt1tion containing all the particulars regardmg tl1e c �rry1ng into effect of sucl1 resolution and upon registration of sucl1 resol11t1on pursuant to paragrapl1 (3) of this Article 13 : (a) cha11ge the nature or extent of liability of its me111bers;
- 934 -
CorvJMUNJTY
DEVELOPMENr AND SOCIAL AFFAIRS
27-2
(b) transfer all or part of its assets and liabilities to anotl1er society; (c) divide into two (2) or 1nore societies; or (d) arna]ga111ate witl1 one (1) or mo�e societies to for111 a new society. (2) A society shall ca11se sucl1 resolutio11 to be served on its creditors and on s11ch of its me:mbers as clid 11ot attend the meeting at wl1 icl1 the resolution was passed and shall i11form tl1em that tl1 ey will be deemed to have agreed thereto l1n1ess tl1ey state tl1eir disagreement within forty-five (45) days from tl1e date of s11ch service. (3) The Registrar sl1al1 register such resol11tion when he determi11es that: (a) all t11e 111en1bers a11d creditors l1ave either specifically or .in1pliedly agreed thereto; or (b) a11y dissenti11g rne1nbers l1ave ·Nithdrawn from the society and l1ave been paid off or tl1e payment of any such dissenting members or creditors has been guaranteed to the satisfactio11 of tl1e Registrar.
(4) Upon registration of such special 1esolution: (a) any transfer to be undertaken •pJrsuant to sub-paragraph (1) (b) of this Article 13 shall be effected au1omatically; (b) the registration of the tra.nsferr.ing society or of the former society or societies, as the case may be, shall, if appropriate, be cancelled and sucl1 society or societies shall thereupon cease to exist; and (c) tl1e Registrar sl1all, where appr,}priate, issue to the society a copy of such special resol11tion dated and certified by l1in1, which shall be conclusive evidence of the fact that such special resolutjon was on such date duly passed in accordance with the law. PART III - MEMBERS OF SOCJETIES AND THEIR RIGHTS AND OBLIGATIONS
14. Persons who May Beco,ne Mem.bers No person other than :
(1) a physical person as defined in the Civil Code o·f 1960; (2) another society; or (3) a Ministry, cbarterecl, Governm�nt agency or other public authority, may become •a member of a soc1rety.
15. Nominal Members
inal a nom as on l pers dica juri or l sic:t phy any m.it d a' y ma (1) A society member. r be ei:n �l m in , m a les no e in ru �or n re he ed id ov pr . . : 2) Exce t as otherwise d, 1de �v er, pr mb a as me es it1 b1l l1a d m s tie du s, 11t . rig ( ha11 )iave the same llil any e, ar y sh an to led tit be en t no all sh r be em m . er, tha·t a nominal ..hs owev , e t · ct so e y h t f o ts ofi pr or ts se as e th for111 whatever, of
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16. Register of Mernbers Every soci�ty shall keep a register to be called tl1e ''Register of Members" wJ1erein shall be entered: (1) the name, a.ddress and occupation of eacl1 n1ember; (2) the date on which any persor. becan1e a 1nember or ceased to be a men1ber; (3) the share i11 tl1e society held by such member; and (4} any other details tl1at 1nay be S?ecified. in tl1e rules. 17. Member riot to Exercise Riglits till Due Pclyment Made No member shall exercise the rights of a men1ber unless l1e l1as made such payments to the society in respect of membershi or l1as acquired such interests i11 the society as may be specified i11 the r·ules. 1p
18. Votirig ( 1) Every member sl1all, regardlefs of the number of sl1ares owned or controlled by l1in1, .have one (1) vote at meeti11gs of the society; provided, 11owever, that: (a) a nominal member shall l1ave no vote; (b) a juridical person sl1all have such 11un1ber of votes as is specified in the rules of the society •and sl1all appoint an equivalent number of representatives to exercise its voting rig11ts. (2) Except as provided. in sub-par�.graph (1) (b) of this Article 18 and in Article. 23 hereof, all members shall vote i11 person. 19. Restriction 011 Holding Shares No member of a primary society sl1all hold more th,m one-fift}1 (1 / 5th) of the total pajd up share capital of such society. 20. Restrictio,zs on Transfer of Shares or Interest (1) No transfer by a member of his fhare or interest i11 a society sl1all be valid unless: (a) the n1ember has I1eld suc]1 share or interest for at least one (1) year; (b) the transfer is 1nade to a n1ember; and (c) the transfer is approved by tre Exect1tive Com1nittee. (2) Transfer of any sl1are or interes1 i n a primary society sl1all be subject to the restriction set fort11 in Article 19 hereof. 21. Transfer of Interes·t on Death of Me111ber (l) On the ?eatl� of a member, l1is share or interest shall be tra1 1sferred to one of his l1eirs wl10 l1as bee11 s�cifically n1entioned to inlierit suc11 share or interest iI1 tl1e will of tl1e dece)ed, or, failing s11cl1 mention · to the heir . at-law, wl1ere sucl1 l1eir is a. men1ber or is admitted as a n1ember. (2) W11 �re s11ch heir is not a me1nber a11d. does not \Visl1 to beco111e or is not admitted as a member, he sl1a]l be paid tl1e value of tJ1e sliare or interest of the deceased men1ber.
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(3) Wl1ere i.I.1 pt1rsu,1nce of the provisions of th1·s Art1·c1e 21 a n1e1n ber's sI1are' . . . . . . 0r 1nterest �xceeds tl1e l1n11ts laid dow11 in Article 19 l1ereof, sucl1 member s 1 1a1 l be paid the valt1 e of tl1e exce:;s. (4) AI1y tra11sfe.� or pay111ent 1nade u11der this Article 21 shall be valid a11d effecttial against any de111and made 011 the society by any tl1ird party.
22. Liabilit)1 of Pctst or Deceasecl Mernber T11e liability of a past 111e1nber or of the estate of a deceased member for the debts or obligatio11s of a society as of the d1te of his ceasi.ng to be a member or of l1is death shall co11ti11ue for two (2) years fro1n such d,)te unless: (1) a11 order for tl1e dissolt1tion of the society is isst1ed witbi11 said period of two (2) years, in which case suc l liability s11all co11ti11ue until tl1e ·wind ing-up proceedings are corn_pleted; or (2) th e first at1dit of the socie ty's accounts after suc11 date sl1ows a credit balance in favour of tl1e society, in •;vhich case such liability sl1all forthwith termiI1ate. PART IV - ORGANS OF SOCIETIES
23. Supre111e Ai,thority in Societ), The sttpreme authority in a society slall rest in the general meeting of the members tl1ereof; provided, l1owever, that where the rules allow for tl1e constiution of a smaller body consisting of delgates of m embers, sl1ch body shall exercise such delegated powers as may be S•pecified in the rules.
24. Orcli11ary General Meeting (I) An ordjnary general meeting of the m embers sh,aJI be held at least once annually and shall: (a) consider the annual report and the author's report; (b) de cide 011 the allocation of the net profits; (c) examine and approve the program of the activities of the society prepared by the Execurtiv e Committee for tl1e coming year; (d) elect the members of the Executive Committee; and (e) decide a.ny other matter that rr.ay be submitted to it in accordance with the rules. (2) Other ordinary general m eetings oi the members n1ay be called by the Exe cutive Committee as necessary.
25 Special General Meeting (1) The Exectuiv e Committee shall call a spe cial genera] mee ting within one (1 ) month from having been �equired in writing so to do by the Registrar or by su ch number or p1oportion of the members as may be spe cified in the rules. (2) Where the Executive Committee fails to call a special gene·ral meeting in accordance with paragraph (1) of this Article 25, such meeting shall 15e
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called by the Registrar and shall in such case be deemed to have bee11 called by the Executive Committee. 26. Execi,tive Co1111nittee (1) In every society, there shall be an Executive Committee con1prisi�� such number of members and elected in such manner as shall be specified in the rules. (2) The Executive Committee sl1all n1eet at such ti1n.es a1Jd shall proceed in such n1anner as shall be specified in the rules. (3) The Executive Committee shall 11ave such powers and d? ties as shall be specified u1 the rules and sl1all, in particular, be responsible for: (a) keeping records of its manageme11t and meeti11gs; (b) keeping books and accounts in the n1anner to be prescribed; (c) preparing annually a report 011 the society's operatio11s a11d a_ program for tl1e coming year and sub1nitt.ing same to the general meetu1g; (d) convening meeti11gs in accorda11ce \Vith the rules; (e) setti11g up a reserve f11nd and such otl1er funds as are provided for in Article 34 hereof, in tl1e reg11lations and in the r11les; a11d (f) carrying out all decisio11s of the ge11eral meeting. 27. Su1Jer\1isio11. of Execti,ive Co11i1nittee (1) Where the Registrar bas reason to believe that a11 Executive Con1mittee
l1as persistently failed or is unable satisfactorily to perform its duties, or is acting in a manner inconsistent with the objectives and purposes set forth in Article 4 hereof or otherwise appears by its a.ctio11s to be endan gering the interests of tl1e society, he n1ay order a l1eari11g to be held to which tl1e members of s11cl1 Executive Committee or tl1eir representative sl1all be su1nmoned, and s11cl1 members or representative s11all be required to testify and to present books and records to explain tl1e situation whicl1, gave rise to such hearing. (2) Where the Registrar l1as •reason to believe tl1at the assets or general welfare of a society would sufier serious or irreparable damage as a result of any delay 11ecessary to carry out tl1e l1earing reqttired 11nder pa.ragraph (1) of this Article 27, he may without formal hearing as otherwise required under Article 49 hereof iss11e a temporary order restraining all or a11y of the members of the Exec11tive Co111n1ittee fron1 furtl1er exercise of their powers as su.cl1 111embers and providing for their replacen1ent in acordance with paragrapl1 (3) of tl1is Article 27 pendi11g a fi11al detern1i11ation in said hearing. Upo11 completion of said heari11g such te111porary order shall be confirmed, 1nodified or vacatecl in accordance witl1 the determination of tl1e Registrar pursuant to saicl paragrapl1 (3); provided, I1owever, tl1at in the event s11cl1 temporary order is eitl1er confim1ed or modified a 11ew order shall be issued p11rsuant to said paragrapl1 (3) a11cl tlie J)eriod specified in s11ch new order in accordance witl1 paragraph (4) of this Article 27 s11all run from the date of such temporary order. - 938 -
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(3) W he re tl1e Regist rar deterinines as r� Su1t of tl�e J1�aring called pursua11t to paragrap h (1) of tltis Article ·27 t� �t such �ctio�1 1s necessary to ensure tl1e co11tin uecl successf ul O e.rat�o� of a society 1n accordance with tl1e . � pt1rposes and ob ·ectives se for th LU Art1cle 4 hereof, l1e s11,111 order the removal fro111 office f a �l or . any of the 11 1e111 bers of tl1e Executive � 1acement by othe r me Con1n1ittee and tl1e.1 r rep n1bers of the society in such ntimber as h e sba11 fix, ancl/ or on� (1) or more administrator s ;ho need 110t b e me 1nbers of t11e society. (4) Where an admji1is :tra_ �or or _admini&rators are appointed pursuant to para
graph (2) or (�) o.[ tl11s Article 27 , il1ey and any such member or members of the Execut1�e Co1n111it�e a s remai.n thereon or l1ave been placed t11ereon pursua1;1t to e1th�r of said paragraphs sl1all be deemed to co11stitute an Exec�1t1ve Committee as tl1ot1gl1 elected by the g�ne.ral meeting and shall exercise. the !Jowers of suc_h Committe subject to tl1e general supervision of t�e �eg1strar for sucl1 J?er1od !1ot e_J.ceeding two (2) years as sl1all be speci fied 1n the order . me11t!�11ed 1n said paragrapl1 (3) and as may thereafter bj' ft1rther order 1n. w r1t1_11g be_ extended by the Registrar; provided, bo,v ever, that sucl1 period, 1nclud111g all extensio11s tl1ereof, shall not exceed four (4) years.
(5) On expiration of the period 1nentiooed in paragraph (4) of this Article 27, the Executive Committee deemed constituted p11rsua11t thereto shall call a general meeting to elect a 11ew Executive Committee in accordance with the rules. 28. Seci1ring Possession of Books c1nd Records
Whenever the me1nbers or pas,t members of an Exect1tive Committe or an e1nployee of a. society refuse or fail within a reasonable time to hand over to the proper person o r person� the books and records of the society, the possession of such books and records shall be secured in accorda .nce with the law.
PART V - PRIVILEGES OF SOCIETIES 29. Priority of Claims by Society Notwitbsta11ding any provision to the contrary in wl1atever law contained, any debts owed to a society by a member or past men1ber or the estate of a deceased member, in respect of such membership, shall take precedence over all other debts of such person, except debts o·Ned to t'he Governn1ent. 30. Charge and Set-off in Respect of Shares or Interest of Men1.bers
A Society shall have a charge upon tl1e shares or interest in the capital and on the deposits of a member, past member or deceased member, and upon any divi dend, bonus or profits payable to a member or past_ member or to the estate �f a deceased member in respect of any debt or ot1tstand1ng demand due to the soc!ety from such member or past member or estite a nd may set-off any sum cre�ted or payable to a member or past member ,Jr estate of a deceased member 1n or towards payment of any sucl1 debt or outstanding demand.
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CONSOLIDATED LAWS OF ETI-IJOPIA
31. Shares or /n.terest Not Lic1ble to Attachmen.t or Sale Except as provided in Article 30 11ereo�, . tl1e sl1a�es or interest of a 1ne1nber in the capjtal of a society shall 11ot be liable to attac�m�n_.t o� sale under any judgn1e11t or order· of a court in respect of any debt or l�abil1ty incurred by such member and 11either ms tr11stee in bankruptcy nor a receiver duly ::1.ppointed shall be e11titied to, or have any cl,1in1 011, sucb sl1are or interest. 32. Goverri,11.ent A.id an.cl Exemption fro,n Taxes
(1) Income of a society earned through operati?11s c_oodt1c{ed with.in the scope of this Proclamation shall be exen1pt fron1 income tax. (2) Tl1e appropriate administrative autl1orities shall have power in accorda11ce with tl1e law to: (a) give to any society a11y kind of financial assista11ce and, in particular, give Joans, advances, subsidies or acl hoc grants to a society and guarantee the payment of share capital of a society and dividends thereon, at sucl1 r,1tes as n1a.y be prescribed; a11d (b) allot govemn1ent la11d to any society in such manner as shall be [)rescribed.
CONSOLIDATION NOTE TJ1e An1hari.c version of Subarticle (2) (b) of this Article says that "tbe appropriate administrative authorities shall have power in accordance \.Vith tl1e la\v to ... allot govern n1ent land to a11y society i11 sucl1 a manner as sl1all be prescribecl by tl1e Mi11isler".
PART VI - PROPERTIES AND FUNDS OF SOCIETIES 33. Fu11cls Not to be Dividecl No •part of the funds other than the net prof its of a society shall be paid br way of bont1s or dividend or otherwjse distributed a111ong its members; pro vided, however, that a member n1ay be pa.id re1n11neratio11 on st1cl1 scale as may be specified. in the rules for any services rendered by I1i111 to tl1e society. 34. Disposc1l of Net Profits
(1) A society shall, out of its net profits in any year:
(a) transfer not less _th�n twenty-five per cent (25 %) of such profits to a reserve ft1nd 11ntil 1t an1ot111ts to st1cb percent,1oe of the sliare capital 0 as may be IJrescribed; and (b) create suc11 other fund or ft1nds as may be prescribed; (2) The reserve . fu�d. �reated pt1rs11ant to sub-1)ara.graiJll (1) (a) of tl1 is Article �4 � hall be 1nd1v1s1ble a11d no n1en1ber shall be entitlecl to clai111 any sl1are t Ill I .. (3) Tl1e balanc � �f tl1 e 11et profi.ts over �11d above the ainotirits to be employ ed pursuant to para�raph (I) of this Article 34 may be utilized for all or any of tl1e following pu.rposes: - 940 -
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COMMUNITY DEVELOPMENT AND SOCIAL AFFAIRS
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(a) p::lymen t �f divicle �ds to 1ne1nbers 011 t]1 eir paid up sl1are capital at a rate not exc eedi ng t e11 per ce11t (10%) of sucl1 sl1are capital pet . an11t1m,
(b) pa y:11ent of bonuses to men1 bers, based on tl1e an1ou11t or volum e oE busin ess tra11s�cte� by tl1e1n wit]1 tl1e society, to the extent and in e tl1 _ m,1011er specrf1 ed 111 tl1e rt1le s; (c) co11stit11tio11 of or conlribt1tio11 to s11ch special ft1nds as 1nay be speci fied i11 tl1e rules·' (d) don�tion of amounts 11ot excee ding te11 per cent (10%) of sucl1 net profits for a11y charitabl e purpose or co1n111011 good fund; and (e) pa.yme11t of bo11uses to employees of the society to tl1e exte11t and in t11e 1nanr1er sp ecified i11 the r11les.
35. lnvest111ent of Fu11ds A society sl1all invest or deposit its funds 011ly in such manner as shall be prescribed. 36. Restriction.s orz Borrowings A society shall receive deposi t and loans only to such extent and on such conditions as may be prescribed or as may be specified in the rules.
37. Restrictio,1. on Loans A society shall not make a loan to an. y perso11 other tl1a11 a member; pro vided, however, tl1at a socie ty may make loans to ,1not]1er society with the approval of the Registrar or to a depositor on the security of his deposit. PART VII - AUDIT, INQUIRY AND INSPECTION 38. Audit (1) The Registrar shall require the accou nts of every society to be audited at least once a nnually by st1ch person as he shall appoint, and, if justified and n ecessary, he may determine the charges to be paid by the society concerne d towards the cost of such audit. (2) The audit con ducted pursuant to paragraph (1) of this Article 38 shall include examination of overdue debts, if any, verification of cash balance and securities and valuatio11 of the assets and liabilities of the society. (3) The auditor's repo!it shall be served on the Executive Co.mmittee in the prescribed manner. CONSOLIDATION NOTE The Ama.ric version of S11barticle (2) of this Aliticle has a� addition al �entence that _ _ provides "the auditing is not li1ni tee{ to the procedure meot1011ecl 1n the Article
39. Inquiry
all he as so ch er su ?Y ld he be to e �� us ca � � or ld ho ay m ar str (1) The Regi . _ n , workmg and f1nano1al conditio11 1o tut st1 n co e th o t in y ll!ir inq appojnt an
of a society.
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.PJA IO J-I T E F O S W A L D E T A ID CONSOL
--:--::-��--. ------ -------parag raph (l ) of this Article 39 (2)- An i11quiry of the nature re�e�r� d ,to ii� _ y• b f eo er th on t1 ca l1 pp 1 a 01 11 ke ta l er shal b e L111d d 11e er is nc a 111e1nber; co ty cie so e th h ic wh of ty cie so y (a) a secoildar ; ee itt e m m tiv cu or Co xe E e th of rs be em m e tli (b) a inajority of (c) not less than one-third (1 / 3) of the total number of members.
40. lns/Jection (1) Tlle Registrar n1ay of his own motion inspect or ca� se to be inspected by such person as he sl1all appoint tl1e books of a society. (2) An inspectio11 of the natu.re referred to in paragraph ( I) of this Article _ of the society 40 shall be undertaken on application therefor by a creditor where such applica11t: (a) satisfies the Registrar that tte debt is exigible a11d tl1at he has demanded received satisfaction \Vithi11 a reasonable time; and pa.ymeut but l1as not . (b) deposits witl1 the Registrar sucl1 su1n as security for the costs of the proposed .inspection as the Registrar may require. 41. Porvers irz Res1Jec1 of Az,dit, Inquiry Clnd ]11spection A11y person acting i11 pursuance of Article 38, 39 or 40 hereof shall l1ave such powers and shall carry out sucl1 duties as are set fortl1 in Article 52 hereof and as may be prescribed. 42. Si,rcharge (1) If in tl1e course of an a.udit, inqt1iry, inspectio11 or tl1e winding up of a societ)', it is found tl1at any person who i s or was entrusted with the orgainization or management o: such society or w110 is or I1as at any time been an officer or a11 e1nploy�e of tl1e society had made any payment contrary to this Procla1nation, tbe regulations or tl1e rules or has caused any d.eficiency in the assets of the society b y breacl1 of trust or wilful negligence or ha·s misappropriated or £raudt1lently retained a11y n1oney or other pro1Jerty belonging to s1.:ch society, the Registrar ma)', of his own motio11 or on tl1e application of the Executive Committee, liquidator or a11y creditor, i11quire himself or direct any person at1tl1orized by hin1, by an order in writing in bis bel1alf to i11quire into tl1e co11duct of sucl1 person: (2) Where an inquiry is made under paragraJJh (1) of t11is Article 42 the Registrar n1ay, after givi11g the person concer11ed an op1Jortunity of being l1eard, n1ake an order reqt1iring 11im to repay or restore tI1e money or pro perty or any part thereof, witl1 interest at stich rate or to pay contri b11t1on and costs or compensation to st1ch exte11t as tl1e Registrar may consider just and equitable. PART VIII - ARBI1,RATION 43. Disputes to be Referred to Arbitration ( 1) Wher � a di�pute regarding tl1e constitution, manageme11t or operations of a society anses between : -- 942 -
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(a) n1en1bers, l )ast 1ne1nbers a11d perso11s clai 1niJ.1g thro11gl1 memb ers, past n1e111bers or deceased n1en1bers; o� (b) ,l men1ber, past 111ember or person clai111i 11g tl1rough a member, past 1 11ember or deceased 111e 1 11ber a 11d tl1e society, its Exec11tive Comn1ittee or any officer, age11t or employee of the society; or (c) tl1 � society or !ts Executive Committee a11d any past Executive Co1 n1 111 ttee, any officer, age 1 1t or employee, or any past officer, past agent or past e 1 11p�oyee or tl1e 110111i11ee, l1eirs or legal representatives or any deceased officer, deceasecl agent or deceased en1ployee of the society; or (d) tl1e society ancl a11y otl1 er society, s1 1 cl1 disp11te shall be referred to the Registrar for decision. (2) For p11rposes of paragrapl1 (1) of this Article 43 tl1e ter.m ''dispute'' shall be deen1ed to include, iI.1 partic1 1lar but witl1out li1nitation, the following: (a) a clain1 by the society for a11y debt or de1nand due to it from a member or th.e nom.inee ]1eirs or legal represe11tatives of a cleceased member; (b) a claim by a surety against the p1incipal debtor wl1ere the society has recovered fro111 the surety a 1 1y amount in r, espect of any debt or demand d11e to it from tl1e pri11cipal debtor as :1. res11lt of the defa1 1lt of the princjpal debtor; and (c) any dispute arising in con 11ection with the election of any officer of the society. 44. Settle,nerzt of Disputes ( l) On a disp1 1te being referred to th� Registrar p11rsui1nt to Article 43 l1ereof, he may: (a) decide the dispute himself; or (b) refer it for disposal to one or more arbitrators whom he shall appoi 11 t. (2) Tl1e Registrar may revoke. any appointm� nt mad� purs·u�nt to sub paragraph (1) (b) of t11is Article 44 and decide tl1e dtsp11te himself. 45. Dissolution (1) A society shall be dissolved pursuant to paragraph (3) of this Article 45 where: (a) it passes a special resolution to this effect; or (b) it is a primary society and the number of its members falls below ten (10). (2) A society niay be dissolved pursuan1 to paragrap , h (3) of this Article 45 where : t n a. rs y, el pu iv , ct ed pe re ct du on n � tio ec sp in � or y � (a) following audit, inquir y et ci so e s th at e . th 1n rm te de ar tr is eg R e th , of re he to Article 38, 39 or 40 should b e dissolved; or - 943 -
PIA IO II T E F O S W A L D E T CONSOLIDA
27-2 _ _ _ _ _ _ a_ � � _ _ n � _ � � _ _ m_ � �k _ __ o _ n _ _ _ ·_ _ _ ( r i n e o th i w _ _ _ o l ) ye r from g_ ---- _ _ ha_ s_ n ot co1 menc o w (b) tbe society . rk o w to d e s a ce S ,t ll r o n the date of i1ts registratio e l su al is s� ar a· r tr w. i t i eg R n order te e th , d_ e v ol ss di e � b to is ty ci e a so r e (3) Whe _ rovide �, however, tl1at such p , rm fo d e ib cr es pr e 1 tJ in for such dissolution et10 of _ tl1e windi ng m co I e th _ re e fo b e tim up � � _ order 01ay be revoked. at any n t1o e ua th s1t at tl1 so es in rm e war ants. t e d r ra ist eg R e tll e ler wl s, proceediiJg J� ap ) of tl1i� Articl e gr _(3 ra pa o to nt ua 1rs pt o u iss ion lut so dis oi r de (4) An or e co11d1t1ons mention ed in th of e r on of e c en r , cu oc 45 b) ' reason of tI1e ect from the date of suc 11 eff e tak all sh 45 e l tic Ar s thi of h r pa agrap (1) order. (5) An order of djssolutio11 issued pursuant to paragr�pl1 (3) of _this A�ticle 45 by reason of the occurrence of one of tl1e condt1ons 1ne11 i1oned rn para graph (2) of tllis Article 45 shall be subj ect to appeal_ p�rsuant to Article 51 (1) hereof, and where no st1ch appeal 1s presented w1thin two (2) months fron1 tl1e date of such order, the order shall take effect upon expiration of such period. Wl1er e an appeal is prese nted witl1in such period, the order shall not take effect t1nless it is confirmed. 46. Liqi,idator
(1) Upon issuing an order pursu,ant ;to Article 45 (3) l1ereof, tl1e Registrar shall app oint a liquidator and, if necessary, fix bis remuneration which shall be paid ot1t of the funds of tl1e liquidated society.
(2) A liqt1idator sl1all, on appoint1nent, take into his custody or under ms control all the books, records and doct1n1 ents of tl1e society and all tl1e property, effects and actionable claims to wl1icl1 the society is or appears to be entitled and shall take st1ch steps as he may dee1n necessar)' or expedient to prevent loss or deterioration of or damage to such propetry, effects or claims. .
(3) Where a11 order for dissolution is set aside on appeal tl1e books, docu ments, records, property, effects and actionabl e claims of tl1e society s11all revest in tl1e society. 47. Powers and Dltties of Liquiclator (1.) The liquidator shall," tinder the gt1idance and co11trol of tI1e Registrar, liave �uc? powers and _carry out such dt1ties as are necessa ry to con1plete the winding-up proceed111gs, a11d in partict1lar, but witl1ot1t limitation, sl1 all: (a) investigate all clain1s against ,tl1e society a11 ct. decide 011 priority of payme11t a1nong tbern; (b) determine tl1e �ontribution to b e 111ade by 111 enlbers of past niembers or by tbe :state or legal representati\'es of decettsed members or by any officers or f ormer officers to tl1e assets of tl1e society; (c) collect tl1 e ,1ssets of tl1e society; d ove appr oil (d) distribute s?ch assets in accordance witli a plc.l.Il of liquidati by the Registrar;
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(e) �arry 011 t]1e_ bL �srn �ss of tl1e socE �Y in so far as may be necessary for. tl1e proper l1qu1clat1on of tl1e afJa1rs of the society; (f) represent tl1e society in legal proceedings; (g) deter1u.i11e whetl1er a11y perso11 is a 111e111 ber, past 111e1nber or 11onU11ee of a deceased. 111e1nber; and (h) call s11cl1 meetin �s of tl1 e members as n1ay be necessary for the proper _ _ condt1ct of the liq L11clat1on. (2) Upo11 con1 _ pletion of tl1e w.indi11g-up proceedings the liquidator sl1all make a re1Jo.rt to tl1e �egistrar a11d deposit tl1e recorcls of tl1e society in such place as t.he Registrar 1nay direct.
48. Cc111cellatiorz of Registration When tl1e wi11di.ng-u1J proceedi11gs are c,)n1pleted the certificate of registration sh,tll be st11·rendered to the Registrar who shall cancel tl1e registration of the society, and t11e society sl1all llpon sucl1 ca11cellation be dissolved and cease to exist.
49. Princi/Jles of Decision Except as otherwise expressly provided in tl1is Proclamation, every decisio11, order or award3 whetl1er resolvi11g a dispute or otherwise of a judicial or arbitral nature, required to be made l1eret1nder shall be 1nade on tl1e basis of a proper hearing conducted in accordance witl1 the Civil Proced11re Code. .
50. Co-01Jeratives Tribun,al (1) There shall be established within the Ministry a Co-operatives Tribw1al (]1ereinafter called the ''Tribunal''). (2) Tl1e Tribunal shall have its principa: office at Addis Ababa bt1t n1ay l1old sittings at such other places as it dee1ns appropraite. (3) The Tribunal sl1all consist of tl1ree (3) members appointed by Us upon the recomn1endation of tl1e Minister. One (1) of the members shall be designated as Cl1airman of the Tribunal. (4) Men1bers of the Tribunal shall be p· ersons of high reputation and in1par tiality and with legal experience, preferably in the field of societies. (5) Members of· the Tribunal shall be appou1ted for a term of three (3) years; provided; however, that the initial 2ppointn1ents to the Tribunal shall be for term.s of one (1), two (2) and three (3) years, respectively, so that the terin of not more than one (1) member then serving sl1all expire in each subsequent year. A retiring member sl1all be eligible for re-appointment. (6) The Minister may recommend the witl1drawal of a-?- ap� ointment of a member in case of negligence of duty or malfeasa11ce 1n office. (7) Any vacancy in the me1nbership of t�e Trib11nal shall be filled in accor dance with paragraph (3) of this Article 50. (8) The Trib11nal shall conduct its hearing and fu.lfill its duties in accordanoo
with the Civil Procedure Code.
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A PI lO l 'rI E OF S AW .L ED AT D L1 SO oN C
- -----------------------, tl1e ers of 111b me Tribunal shall t!-1� to id pa be to fee n or tio (9) The remunera
be decided, from time to time, by th e Minister. , (10) The Minister shall assign such staff to the Tribu�1aI as may be necessary for its proper functioning. Such staff sl1all be carried on the payroll of the Ministry.
51. Appeal (1) An appeal may be taken ito the Tribu.nal from a decisi�n made by the Registrar under Article 10, 12, 13, 27, 42, 45, or 47 �f this _Proclamation; provided, however, that no appeal may be take. n to the Tribunal from a decision of subordinate official made under Article 10, 12, 13, 27, 42, 45, or 47 l1ereof unless it is first reviewed by the Registrar. (2) A special section of the Supreme Imperial C? urt consisting of the Afa Negus or Vice Afa Negus and four (4) other Judges shall have appellate and final jurisdiction in all matters of appeal and proceedings in error which may be taken from a decision, order or award of the Registrar made under Article 44 of this Proclamation and from clecisions of the Tribunal made under paragraph (1) of this Article 51 in all matters of law, fact or equity. where the rules of law or the prjnciples of equity appear from the files, exlubits •or records of the Tribunal or Registrar to have been erroneusly determined; provided, l1owever, that no appeal may be taken to the Supreme Impe'fial Court from a decision, order or award made under Article 44 (1) (b) hereof unless it is first reviewed by the Registrar. (3) When.ever it is deemed necessary, the special section of tl1e Supreme I1nperial Court established under tl1is Proclamation 111ay hold its sittings in any place in tl1e Empire where societies have been formed. 52. Person.s to Have Powers of Civil Court
Every authority required to make a decisio11, order or award under thls Proclamatio11 shall have the same powers as a civil court witl1 regard. in particular, but without li1niation, to the summoni11g of witnesses, the productio11 of evidence, the conduct of the proceedings and the making of injunctions. 53. Execution Any decision, order or award made under tl1is Procla111ation sl1all, wl1ere appropriate, be executed as though made by a civil cot1rt, and t11e courts of tl1e Em_pire sh.all 11ave jurisdiction to order tl1e e11forcement of any st1cl1 decision, order or award. PART XI - 1YIISCELLANEOUS 54. Use of 1'er,n ''Co-operative'' No person otl1er tl1an a society sl1all carry on busi11ess under a 11y name or title of wl1ich the word ''co-operative society'' is a part. 55. Adclress of Society Every society shall have an add.ress registered in the prescribed manner wl1ere service of process shall be made and to whicl1 all 11otices and con11nunications shall - 946 -
COMMUNITY DEVELOPMENT AND SOCIAL AFFAIRS
-::---�-:-�-:--:- -:-- -----
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-----�
be sent and sll,tll inform the Registrar of a11y cl1a11ge in s11ch address witlli11 thirty (30 ) d ays. 56. Procla111atiori, Regitlatiorzs a11cl Rules to be Operz to /nspectiorz Every society sl1all _keep � copy of tl1i) Procla111ation and of -tl1e regulations and the rules open to mspect1on free of cl1arge at all reasonable times at the registered address of tl1e society. 57. Service of Doc1,tn1erzts Any decisio11 or otl1er docun1ent reqt1ired to be served 1111der this Proclamation sl1all be served i n accordance witl1 the provisions of tl1e Civil Procedure Code.
58. Acts of Societies Not to be lrivc1liclatec. by Certairz Defects No act of a society or of any Exec11t:ve Corn.mittee or officer of a society shall be dee.n1ed to be invalid by reason only of tl1e existence of any defect in the con1position of such Executive Con1mittee or in tl1e appointment or election of st1cl1 officer or on tl1e ground tl1at sucl1 0fficer was not properly qualified for sucl1 office unless sucl1 defect directly involves or affects tl1e substance of such act . .'>9. Co11111iercial Code Not Ap/Jlicable Tl1e provisions of the Con1n1ercial Cocie of 1960 sl1al.l not apply to societies except in so far as such provisions are consistent with the purposes and provisions of this Proclamation, and, in particular but without lin1itatio11, societies shall not be subject to any requirement of organizatioo, registration or internal management otherwise applicable to trades or busi11ess organizations under tl1e Commercial Code. CROSS REFERENCE Commercial Code, 19 /Ex. 3 (1960).
60. Regulations The Minister may issue regulations for the better carrying into effect of the provisions hereof. 61. Effective Date This Procla1nation shall enter into force on the date of its publication in the Negarit Gazeta. Done at Ad.dis Ababa this 3rd day of September, 1966. 27/11 (1968)L. 337
REGULATIONS ISSUED PURSUANT TO 1'HE; CO-OPERA'flVE SOCIETIES PROCLAMATION, 1966 A rticle 1 Issuing Authority 2 Short Title 3 Scope of Application 4 Definitions
Tit:e
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Page
27-3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33
CONSOLIDATED LAWS OF ETIIIOPlA
Subject Matter of Rules .Application of Registration Registration Certificate Register of Societies A1nendment of Rules Admission of Membership Disqualificai tion for Membership Adn1ission of Members Before tl1e General Meeti11g Is Held Disabilities of a Defaulti11g Member Non1ination of an Heir General Meeting Voting at a Meeting Electio11 of Members of the Executive Committee Vacancies on the Execu t; ive Co1n111ittee Djsqualificaion for Memershjp of the Execuive Committee Reserve Fund Disposal of Reserve Fund on Wincfu1g-up of a Society Co-operati,1e Edt1catio11 Fund Disposal of Unai ppropriated Profits Invest1nent of Funds Borrowings Accounts and Other Books to be Maintained by Societies Power of Registrar to Direct Accounts and Books to be Written up Statements and Returns to be Ft1misl1ed by Societies Certifying Copies of Entries i11 Books Inspection of Docu1nents Government aid to Societies Change of Address of a Society Effective Date Scl1edule
(1) Fom1 1 - Application for Registration of a. Co-operative Society (2) Form 2 - Registation Certificate of a Co-operative Society (3) For1n 3 - Notificatio11 of A1nendment of Rt1les I. Issuing Auth.ority These Regulations are isst1ed by tl1e Minister of Natio11aI Coininunity Develop¡ 1e tl of 60 t pursuan fairs A to Social at1tl1ority Article vested . and 1 } i11 � by 1 11 i ment _ _ . Co-opera,t1ve Soc1et1es Proclan1at1on 1966 (Procla1natio11 No. 241 of 1966). - 948 -
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2. Sl1ort Title ;,hese Regulations may be cited as the ''Co-operative Societies Regulations , 1968
3. Scope of Ap[Jlication tion.
These Regulations sl1all apply to all societies register u1 ed 1der the Proc]ma
4. Definitions:
When used in these Regt1Iatio11s, 11n.less the context sl1all req11ire otl1erwise: (1) ''Civil Procedure Code'' sl1all n1ean the Civil Procedure Code of the Empire of Etl1io,pia of 1965; (2) ''Co-operative year'' shall n1ean the �riod from Ham]e 1st to Sene 30th; (3) ''Executive Com1nittee'' shall mean the directi11g body of a society entrusted with t11e management of s,11ch societ); (4) ''liquidator'' shall mean a person :tppointed by the Registrar under Article 46 of fue Proclamation; (5) ''1nember'' shall mean any physical or juridical person who is a member of a society and sl1all include a not]inal member; (6) ''Ministry'' shall mean the Minjstry o: National Cominunity Development and Social Affairs; (7) ''net profit'' shall mean the residt1al share of the reven11e of a society accruing to the me111bers thereof after al] payments have bee11 made; (8) ''Proclamation'' shall mean 1he Co-oi:erative Societies Proclamation, 1966 (Procla1nation No. 241 of 1966); (9) ''Registrar'' sl1all 111ean a perso11 appointed t111der Article 5 of the Procla mation and shall inclt1de any person w.he.n exercising s11ch powers of the Registrar as may be delegated to him; (10) ''rules'' shall mean the rt1les of a society a11d shall include all amendments thereto; and (11) ''Society'' sl1all mean a Co-operative Society registered under Article 10 of the Proclamation. CROSS REFERENCE Civil Proced.ure Code, 25 /Ex. 3 (1965) D. 52.
5. Subject Matter of Rilles
(1) The rules of a society shall provide fo� the following matters: (a) the name and address of the society; (b) the a.rea of its operations; (c) the objects of the society;
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I-IJOP!A T E F O S W A L D E T A ID L CONSO
(d) the manner in which funds may be raised; s; er b em e m th f o y it il ab li e th of (e) th e n ature and extent n (f) the extent to wh.ich the society may borrow fti ds an d the rates of i11terest which 1na.y be paid on sucl1 fttnds; ; rs be om em fr m ed ct lle co be to es fe er tl1 (g) 1he entrance an d o
(h) the purpose for wb.ich its funds may be applied; (i) the terms and conditions for adtniss.ion of men1bers and tl1eir rights and liabilities; (j) tl1e procedure for the expulsion
of
members;
(k) the mode of holding meetings an d _issuing notices; O) the mode o f appointn1en t and ren1oval _of tl1e men 1bers of the Execut�ve Committee and otl1er officers, the duties and powers of the Executive Committee and such other officers, and their term; (m) the mode of condu.cting business, purchase, sale, stock takin g, lending, borrowi ng and other all ied matters; (n) the disposal of 11et profits; (o) tl1e preparatio11 and subn1ission Registrar;
of
the sta tements specified by the 1
(p) the constitution of an 'Education Fund'; a11d (q) the authorization of an officer or officers to si gn documents and to institute and defend suits and other legal proceedings on behalf of the society; (2) The rules of a society may provide for t11e following 1uatters : (a.) the ci rcu1nstan ces under wl1icl1 withdrawal fron1 men1bersl1i p may be permitted; (b) tl1e procedures to be followed in cases of withdrawal, in eli gibility and death of members; (c) the condi tions under whi cl1 the transfer of the sl1ares or i nterest of a member may be permitted;· (d) tl1e _metl10? of recruitme11t, the condi tio11s of service aiid the autl1ority to fix, revise or regul�t· e tl1e pa.y and allowa11ces of paid o ffi cers and e1:11pioyees of _ t} !e . society and tl1e procedtire to be followed in the d1sposal of d1sc1pl1nary cases against tl1en1; the to paid the and manner t extent the be wI1icJ o 1 boilllses inay (e) n1embers and t]1e en1ployees of tl1e society; (f) the maru1e_r aud th_e exten t to which re111t1neratio11 1nay be paid to a member of the society for sen,ices rendered by llim to tlle society;
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COMMUNITY DEVEJJOPMEN T AND SOCIAL AFFAIRS
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(g) the fixing o f a maJ·ority or quoru . . · m for spec1a1. reso1ut1. 011s regardmg a n 1e. 11 dm·e11t of r11Ies, the a1v1 · · s1o · n, amalgamati. on or d1. ssolut1. on of the soc� e �y and st1cl1 otl1·e r matters as may require special resolution for dec1s1on; (h) 111e c?nditio�1s on wl1icl1 loa11s and aclvances may be made to members, and m part1c11lar: (i) the p11rposes for wl1icl1 s11cl1 loa11s or advances may be made ; (ii) tl1e 1naxim11111 a1no11nt wl1ich may be l ent to a member or, in the case of advances ::1gai11st prcduce, the maximum percentage at the local val11e wl1ich may be so adva11ced, or the maxim·um total which 1nay be so lent and 1dvanced · (iii) tl1e rate of i11terest on loans to m embers; and (iv) tl1e penalties for mjsapplicalion of loans a11d advances; (i) the extensio11 of the term and tl1e renewal of loans and advances; (j) tl1e mann er in wliich pe·nalties nay be imposed on a member who is found guilty of breacl1es of the rules; (k) the consequences of default iI1 payment of any sum due to the society. (3) The ,rule s of a society may provide for s11ch additional matters which are not specifi ed in paragraphs (1) and (2) oE this Article 5 as are incidental to the organization of tl1e society and the management of its business.
6. Application for Registration An application for registration shall be made to 1.he Registrar on C.S. Form 1 set forth in Schedule A to these Regulations. 7. Registration Certificate On registration, the Registrar shall issce to the society a certificate of regis tration on C.S. Forn1 II set forth in Schedule B to these Regulations.
8. Register of Societies (1) The Registrar shall keep or cause to be kept art his office a register called the ''Re·gister of Societies'' wherein shall be entered particulars relating to the registration of soci eti es and their rules. (2) All original entries in the Register of Societies shall be ma.de by, or under the direction of, the Registrar and shall be signed by him. (3) Every alteration, interlineation or e1asure in the Register of Societies shall be initialled by the Registrar. 9. Amendment of Ri,les (1) A society may, subject to all of the. provisions of the Proclamation, these Regulations, and its rules, amend its rules. (2) Two copies of each such amendme11t shall be forward_ed to the �egisti:ar within fifteen (15) days from the date of the meet1ng at wh1oh such amendment was app.roved, together with a certificate on C.S. From ll set forth in Schedule C to these Regu1itions.
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CONSOLlDATED LAWS OF ETI-IlOPlA
(3) A.I1 amendment to t11e rules of a society shall only be made by a spec ial . resolution adopted at a general meeting of the society. 10. Ad111iss·io11, to Me111bersliifJ No society shall without sufficient cause refuse ,1d1nissi�n to men1berslup to any person duly qualified ti.oder Article 14 of the Proclamation a11d the society's rules. 11. Disqualificatiotz for Me,nbership (1) No person shall be eligible _for a��1iss_ion to 11��� b�rship in � s� ciety if . he is subject to any o:f the d1squal1f1cat1ons spec1f1ed 1n tl1e society s rules. (2) If a men1ber, after his admissio11, becomes subject to any of the disquali fications specified in tl1e society's rules, be shall be deeme� to have ceased to be a metnber from tl1e date upon wl1ich he became subJect to such dis qualification. 12. A.d111ission of Mer11bers before the General Meeting Held N'o society sl1all admit n1embers cluring tl1e fiftee11 (15) day period prior to the date of its annl1al general 1neeting. 13. Disabilities of a Defaitltin.g Member (1) No 111ember of a society \.Vho, with respect to ru.1y loan or advance, is in -' period as is specified in the society s rules arrears to tl1e society for such or for three (3) months, whicl1ever is tl1e lesser, sh,111 be appointed to the Exect1tive Comittee of th.e society, or to represent the society in any other society. (2) If a n1ember of a society wl10 is appointed to a position described in paragraph (1) above falls in arrears as described in said paragraph (1) subseque11t to J1is appointrnent, l1e shall cease to hold sucl1 position as of the date on which he so fell in arrears. 14. Non1ination. of arz Heir (1) A 1nen1ber of a society may nominate a11 heir or l1eirs to v,1bo1n, in the event of his deatl1, his share or interest i n t11e capital of tl1e society shall be tran �ferred or tl1e �alue tl1ereof or any otl1er moneys due to l1in1 from the society shall be paid. St1cl1 member may, fron1 tin1e to ti111e revoke or vary such nomi11ation. (2) The number of l1eirs wl10 1nay be non1i11ated by a11y n1einber sl1all 11ot exceed the number of sha•res l1eld by said me111ber. (3) To be v3;1id, s,ucl1 no1ni11ation sha.11 be made j 11 writing by tlie men1ber, shall be_ signe ? by lu.m in. presence of at least two (2) wit11esses, and shall be registered m the books of tl1e society kept for the ptirpose. 15. Genercrl Meeti11g (1) _Tl1e first general n1eeti11g of members sha11 have all of tile powers set fortl1 ID paragraphs (1) (c), (I) (d) and (1) (e) of Article 24 of tl1e Procla1nation•
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(2) The a1111ual m . · e eting under. para.grap•h ( l ) of Article 24 of the Proclamation slJall be co�vei1e d as soo11 as th e re port on. the audit of the accounts of . . t11e society is re ceived by tl1e Exec11ti v e Committee. (3) _At leas t fifte ei1 (15) days' notic e sl1all be gi ve11 before a gene ral meeting 1s convened. (4) Tl1e qtior11m _ at a ge11er,:1I 111 ee tir1g of a society shall be as specified in its r�les; prov1decl, 11ow ever, tl1a.t in tl1e case of a meeting called by the Regis _ trar, tl1e 111 e mb ers prese11t at s11ch meeting sl1all be deen1ed to constitute a q11orun1. 16. Voti11g at a M eeti,zg Any n1atte r s11b1nitted to tl1e decisio11 of the 1nen1bers present at a meeting shall, unl ess otl1e rwise provid ed in tl1e Proclamation, tl1ese Regulations or tl1 e society's r11l es, be d ecided by the majority vote of t11e n1embers present. In case of a tie tl1 e pre sidi11g officer s]1all be entitled to a casting vote. 17. Election. of Me11ibers of the Executive Co11i111.ittee (1) A society may, for the purpose of el ectio11 of 1ne1nbers to its Execi1tive Con1mittee, divide its m embership into different groups on a territorial or ot11er basis. (2) Tl1e r1tles of sucl1 ,1 society may specify tl1e member or proportion of the members of the- Executiv e Committee who may be elected· to re present eacl1 such group on the Executive Com · mittee and may specify further that such representatives may be elected. (a) by all the men1bers of the so society; or (b) only by that partict11ar group of rnen1bers to whicl1 e ach such re presen tative belongs. 18. Vacc1ncies on the Executive Comniittee If a vacancy occurs on the Executive Committee, the Committee shall have the power to co-opt a me mber who shall hold office 11ntil the 11e xt general mee·ting.
19. Disqualification for a Men1.bership of the Execi1tive Committee (1) No person shall be eligible for appoi11tment as a me111ber of an Executive Committee, if (a) he is in arrears to the society as described in paragraph (1) of Article
13 thereof; or
(b) li e l1as, directly or indirectly, any interest in any existing contract � ade with the socie ty, or in any property sold or p11rchased by the society, or in a.ny other transaction of the society, e xecept when dealing as a member. (2) A member of the Executive Committee shall _c�a,s� to hold _ such position _ _ if he becomes subject to any of the d1squal1f1cat1ons ·provided 1n para,.. graph (1) of this Article 19.
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CONSOLIDATED LAWS OF ETHIOPIA
20. Reserve Fi,ncl A society shall, out of its net profits for eacl1 year, trans�er not less than twenty-five percent (25%) of such profits to a r�serve fund u! itil the an1ount of such fund becon1es equal to the paid-up sl1are cap1 ,ta.� of the society or such greater amount as may be specified in tl1e rules of the society. 21. Disposal of Reserve Fund on Wincli11g�i,p of a Society (1) On the winding-up o. f a society, the reserve fu11d, together with otl1er funds constituted by the society in acrorda11ce witl1 its rules, shall be applied by the liquidator to the discharge of sucl1 liabilities of the society as n1ay ren1ain undiscl1arged after application thereto of all other assets of the society in the following order: (a) the debts of the society; (b) the paid-up share capital; (c) divide11ds upon sl1are capital at a rate 11ot exceeding that prescribed in Article 34 of tl1e Proclaruation. (2) Any surplt1s ren1aining after the payments described in paragraph (1) of this Article 21 have been 1nade shall be 11tilized for purposes of public utility or contribt1ted to tl1e reserve fund of another society as approved by the members of the society being wound-up at a ge.neral meeting.
22. Co-operative Education Fund Every society shall establish a Co-operative Education Fund and shall con tribute such amount, not exceeding fi'Ve percent (5%) of its net profits for each year, to said ft1nd, as may from time to time be directed by the Registrar. The Fund shall be administered by the Nati1)nal Co-operative Council, or, if tl1ere is no sucl1 cot1ncil, by a Co-operative Educa'..ion Committee appointed by the Registrar. 23. Disposal of Unappropriated Profi1s Any profit not appropriated in the manner specified i n the Proclamation, these Regulations and its rttles shall b� transferred by each society to its reserve fund. 24. Invest,nertts and De[JOsits (1) Wherever banking facilities are available a society shall deposit its funds,
including its reserve ftmd, in £ bank. (2) A society n1ay invest its ft1nds, including its reserve fu11d, only in the following: (a) shares or sect1rities of any ,)tber society· md (b) Government securities fttlly gt1aranteed as 10 principal a11d interest.
25. Borrowirig (1) Eve �y soci�ty . �ha �, from tir1e to ti1ne, fix ,1 t a. geiieral meeti11g the _ u .
max1mun1 l1abil1ty 1t may incr 111 loans or deposits wl1 ether fron1 n1en1· bers or no11-n1embers.
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(2) �o socie�y shall receive lo ans o� deposits in excess of tl1e maximum . _ l1ab1lity f 1 xed ,p11rsuant to paragr aph (1) of this Article 25. 26. Accot1nts and Otl1er Books to be Maintained by Societie s Ev�ry society sl1a� keep sucl1 acco·u11tf, books and registers in connection with the b11s1ness of the soc1ety as tl1e Registrar may from time to time require.
27. Po1rver of Registrar to Direct Accoil111S and Books to be 1rvritten Up The Registrar may, by order in writin6, direct any society to have any or all of the accounts, books and registers req11ired to be kept by it under Article 26 hereof 'rVritten up to sucl1 date, in Sll.1ch fon11 a11d witlun sucl1 time as lie may direct. In case tl1e society sl1all fail to do so, tl1e Registrar may depute an officer subordinate to l1i1n to write up the accounts, books ruid registers. In s11ch case, the Registrar may fix, based upon the time involved in the work and the emoluments of the officer dep11ted to it, tl1e cl1arges which the society concerned shall pay to the Ministry and sl1a]l direct the society to make such pay·ment. 1
28. Statements a11d Retur11s to be Furnished by Societies (1) Every society sl1all prepare for e:1cl1 co-operative year in suc.h for111 as may be specified by the Registrar; (a) a statement showjng t,he recei?ts and disbursen1ent for the year; (b) a profit and loss account; (c) a: balance sheet; (d) its budget for the next financial year; and (e) Stuch otl1er statements and returns as may be specified by the Registrar. (2) (a) Every society shall submit to the Registrar each year, within such time as he ma.y direct, a copy of the statements a.nd returns specified in paragraph (I) of •this Article 28. (b) The auditor shall, to the extert practicable verify the statem.ents and returns and grant his audit certificate within one (1) year of receipt of such statements and returns. (c) The society shall publish _the audit certifica�e and sue� of the state ments and returns as the Re�strar may direct and 1n the manner speci'fied by him. (3) Ever y society shall, in a�dition to rthe. statements a!ld returns s·pecified in paragraph (1) of this Article 28, sn 1?m1t to the Re�1strar any st�tement or return in such form, within such time, and covenng such penod as the Registrar may specify. (4) In case any society shall fail t? S'llb�t any s�at� ent o_ r return _sp ecified in paragraphs (1) and (3) of �s Article 2� within th� time spec1f1ed, the Registrar may depute an off1ce1 subordmate to 1?m to pr� are the necessary statement or r� turn. In such case, the Reg1strar may fix ba:secl upon the time involved m the . work and _ the emoluments of the off1c�r deputed to do it, the � barges whic_h the society concerned should pay to the Ministry and s.hall direct the society to make such payment.
-- 955 -
TFIIOPJA CoNSOLTDA'fED LAWS OF E
27-3
29. Certified CopieJ' of Book Enlries · · of a society regularJy kept in tl1e cou rse · the books . 1n ( 1) A copy o·f an entry of bl1siness shall bear �he society's seal and sha11 b e certi•·r·1.e d·• (a) by the President or Secretary of the society; or (b) by the liquidator, wl1en a liquidator of t_he society bas been appointed pursuant to Article 46 of t11e ProcJaii1atiOil. (2) Tlie fees payable in co11 1 1ect��n with th� ft1rnis_�1ing of certifie� copies of book entrjes sl1all be spec1fted from t1n1e to t1111e by tl1e Registrar. 30. lt1S/Jectiori of Documents: Any 1neinber of a society and any me�1ber of the. public may .inspect t�e following doou 1ne11ts in the office of the Registrar _free of charge and may obtain certified copies tl1ereof on payn1ent of the following fees: Dollars (1) applicaotion for registratio11 (2) certificate of registratjo11 (3) rules (4) ame11 dement of rules (5) order of cancellation of registration (6) audit 1nemorand11m (7) annual balance-sheet (8) order for surc]1arge 1111der Article 42 of the Proclamation 31.
Gover11111e11t
0
Cents
0 0 0 1
25 00 50 50 50 50 00
1
00
0
each eacl1 per page per page each per page
Aicl to Societies:
(1) The Ministry may, it tl1ey deem it appropria.te: (a) guarar1tee the repayn1ent of 11 p to seve11ty five perce11t (75%) of the share capital and accr11 ed. dividends o·f a societ)'; (b) extend fina11cial assistance iI1 tl1e for111 of grants-i1 1-aid, s11bsidies, advances and loans to a society whicl1 l1as great prospects for render ing efficie11t and reasonably cheap service to its n1e1nbers; (c) ,purchase redeemable shares in ,t society wl1icl1 will be retired by tl1e society either in part or in wl1ole as a11d wl1en tl 1e society deen1s appro priate; and (d) take appropriate steps to provide to a society wl1ic11 renders efficient and reaso�a_bly cl1eap service to its 111en1 bers land placed at the disposal of tl1e M1n1stry or otl1er govern.n1ent-o\\rned Janel. be may 31 1 �t rsua°:t to provided Article l1 p JJaragra_ (I) land (d) tllis of �ny (2) either sold at a nominal price or given witl1out cl1arge to t11e society. - 956 -
COMMUNITY DEVELOPMENT AND SOCIAL A.FFAlRS
27-3
----- ----------- ---- ----- --· (3) An la11d provid
� �d to a society p11rsuant to paragr::1phs (1) ancl (2) of this Article 31 sl1all 111 no way constitute a part of tl1e assets of tl1e society. No sucl1 land may be pledged as sec11rity by tl1e society for an>' loan or _ otl1er borrowmg. Upou tl1e dissol11tiou of tl1e society, tl1e land shall be retransferrecl to tl1e Gover11ment, against repayn1e11t of any a111ount paid to the Govern111ent by tl1e society as p · 11rc]1ase price.
32. CJ1ange of Adclress of a Society (1) Every so-ciet>' sl1all co111n1unicate i11 writing to the Registrar any change in its registered aclclress a11d sl1all f11rnish to tl1e Registrar a copy of tl1e resolution aclopti11g tl1e new address witl1in tl1irty (30) days of the date 11po11 wl1 icl1 saicl resoltttion was ado1Jted. (2) Upon receipt of a11y co1111111111ication fro111 tl1e society purs11a11t to para grapl1 (1) of tl1is Article 32, the Registrar sl1all register tl1e 11ew address as notifiecl by tl1e society a11d i11for1n tl1e society of s11cl1 registration. (3) AI1y cl1ange i11 tl1e address of a society sl1all 11ot be considered as regis tered 111tless sucl1 cha11ge is notified to tl1e Registrar as provided in para.graph (1) of tl1is Article 32. 33. Effective Date These Regulations shall enter into force on tl1e date of their publicatio11 in tl1e Negarit Gazeta. SCHEDULE A (C.S. Form
n
APPLICATION FOR R.EGISTRATION OF A CO-OPERATIVE SOCIETY 1. 2. 3. 4. 5. 6. 7. 8. 9-
Nau1e of proposed society: .................................... Address of tl1e proposed society: ........................... Area of opera tion : ............................................ . Liability: ..................... (Limited) ............ (Unlimited) . . . . . . . . . . . . Occ11pation of n1embers: ......................................................... Registration fee: Etl1. $ ......................................................... Va.l11e per sl1are: Etl1. $ ......................................................... ObJ ·ects ·. • • • • • • • • • • • • • • • • • • • • • • • • · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · D,1te of submission of application: ........................................... .......... .
We, the undersigned, having applied fo� registration_ �s a .co-oP<:rative society and having provided all req11ir�d information . as spec1f1ed 1n Art1cle 9 of the Co-operative Societies Proclamation (Proclamation No. 241 of 1966�. , req11est th�t _ of Article 10 of said a Registration Certificate be is'sued purst1ant •t o paragraph (2) Proclamation. We subtnit, attached hereto, two ( �) copies o_f t� e rules o ! the proposed society' ,and. we certify iliat all partic·ulars Ill t11e appl1cat1on for registtra tion and the rules of our society are true a.nd · correct. - 957 -
IA P O II IT E F O S W A L CONSOLIDATED
27..3 Ser. No.
Applicant's Age Name
Occttpation
Teklay Ghizat
Awraja
Woreda
Mektel Woreda
Village Sig .
-
1 •
---- ---
4
5 6
.
8
9 10
Scl1edule B
(C. S. Form I.n Registration No. ............................... • • • • • • • • · · · · · ·
A co-operative society with (Ii1nitec) (unlimited) liability, under the name of ''. . . . . . . . . . . ." has Jeen duly registered in accordance witl1 Article 10 of tl1e Co-operative Societies Proclamatio11 1966 (Proclamation No. 24 1 of 1 966), on this ............... .. .... . ..... ... day of ..................... , I 9 .................. Registrar Scl1edule C (C.S. Form III) ,. NOTIFICATION OF Alll:ENDMEN f OF RULES We the President a11d tl1e Secretary of the (Na111e of co-oper,1tive society) do l1ereby certify that: amen ed al dmen (1) the attach t (s) of rule Gene r ...... (wa. s ) a at (were adop ) ted _ Meetmg held on ...... (2) on that date there were ...... meinbers jn tl1e Society. of wl1om .....: ,:vere present at the meeting; and (3) ...... members voted for said amendn1e11t (s); and (4) notice of the meeting and tl1e l)roposed ameiidinent was iss11ed to all members of tl1e society on (date : by (officer of society). · . • . ...... President . . . . . . . . . . . . . . . . . . . . . . . · , . . . . .. . . ..... . . . . . . . . . . . . . . ......... Secretary '' Date Done at Addis Ababa this 25tl1 day of Marcl1, 1968.
- 958 -
28-1
Section 28
LABOUR I/6 (1942) P. 22*
A PROCLAMATION rl'O PROVIDE FOR THE ABOLITION OF 'l'HE LEGAL STATUS OF SLAVERY Al'D CERTAIN OTHER MATTERS CONQUERING LION OF TI-IE TRIBE O.F JUDAH HAILE SELLASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA i11
WHEREAS, it has always been Our dtsire to abolisl1 tl1e institution of slavery Our En1pire; a11d
WHEREAS, by Our Proclamations of the 22nd day of Megabit, 1916 and the 8th day of Hamle, 1923, We proclaimed that all slaves who wisl1ed to ·be free co11ld becon1e free by asserti11g tJ1eir freedom before a judge; and WHEREAS, We furtl1er provided for tl1e punishme11t of perso11s wl10 bougl1t and sold slaves or wl10 sougl1t to prevent slaves from asserting their freedom; NOW, THEREFORE, We desire to provide for the abolition of the legal stat11s of slavery throughout Our Empire; AND WE PROCLAIM AS FOLLOWS: l. Tltis Proclamation may be cited as the ''Slavery (Abolition) Proclamation. 1942''. 2.
In this Proclamation, unless the conte:c,t otherwise requires: ''legal status'' means a stat11s recognized by law; ''slavery'' is tl1e condition or status c� a person ?ver wl1om any or all the rights atta.ching to the rigl1t of ownerslt1p are exercised.
3.
The legal status of slavery is abolished.
4.-6. [Impl. repd. Pen. C. 16/Ex. I (1957) Art. 565 (providi11g penalities for enslavement).] 7. The provisions of Our Procla.mation oi th� 22nd day of Megabit 1�16 an� the 8th day of Hamle 1923 are hereby re-enacttd 1n so far as they are not 111co�s1stent _ with the provisio11s of tl1is Poclamat1on. Done at Addis Ababa this 26th day o :· Augu.st, 1942. *lN fRODUCTOF.Y FOOTNOTE r
lmpl. amd. Pen. C. 16/Ex.l (1957).
- 959-
I-I(OPJA T E F O S W A L D E T A CONSOLID
28-2
21 J 1s (1962) o. 26*
AN ORDER TO PROVIDE FOR THE ESTABLISIIMENT OF A PUBLIC El\1PLOYMENT ADMINISTRATION . CONQUE RING LION OF THE TR.IDE OF JUDAH HAILE SE'LLASSIE I '" ELECT OF GOD, EMPEROR OF E fHIO:PIA d ar 11d sta of living and 1er igl l1 of ce an ten j1J ma d an ion ot WHEREAS, the prom _ be Our perma11en1 growing soci,11 l1armo11y of Our beloved people continues to desire; and WHEREAS, tl1e acltlevement of these objectives can be obtained only by making maximum use and taking ft1Il adva.ntage of all natural resources of Our Empire, includjng its labo11r force; and WHEREAS, We are strongly desiro11s of affordi11g Our people better oppor tunities to obtain. employ1nent accordi11g to their indvidual desires and capabilities; NOW, THEREFORE, i11 accordance witl1 Article 27 of Our Revised Consti tution and upon the ,Ldvice of 011r Council of Ministers, We l1ereby order as follows: TITLE I - GENERAL I. Sliort Title Tl1is Order 1nay be cited as tl1e ''Pt1blic En1ployn1ent Administration Order, 1962''. 2. Repeal
Unless otl1erwise expressly provided i n tl1e Order or in subsidiary legislation issued 1111der Artic]e 18 hereof, all regulatio11s or orders previous!)' iI1 force concern i11g 1natters provided for in thls Order, whetl1er written or customary, are hereby repealed. 3. Scope of App/icatio,-i
This Order sl1all apply to all private ind11stria], con1n1ercial, agricultural and otl1er e111ployn1ent activities. 4. Defiriitio,i of ''E111.ployer''
(a) �nless expressly otl1erwise regulated i11 tl1is Order or i11 stibsidiary ligisla � 10�,. the tern1 ''employer'' as used J1erei11 sl1all 1uean any pl1ysical or JUr1cl1 ��l person or b ?dy of persons witl1ot1t separate juridical perso11a1ity, prom1s1ng remu11eratJon under a co11tract . of einplo)'Ine11t as defined in Article 2512 of the Civil Code, 1960. '�INTRODUCTORY I•OOTNOTE �/. 25/ 23 (1966� 0. 46, Art. 2. ('J 6), J Co1 1sol..L. Etlz. 1-16. (1,1,is Order chang ed _ _
]nip/. ;� .the �1a1ne Jvl1111ster of Nat1o�al C 111�11u111ty De,,eloJ)n1e,,t " to "Jvli_1iister of Natio nal Com� n1un1 y Dev } 01? n1 nt an So_c al Af:f�1rs". 011 tli! s basis "lvii ist il � � er of National Con1n1un\t) Jop1ne � , ; " 11 1s re1J1 a�e ,v1t 1 M 1111ster of National Con1111lttlity De,,elopn,e and SocHl 1 D ev� nt Affa irs" tl1rougl1ot1t tl11s la,v; tl1e se cl1a nges l1a,,e 11ot bee11 11oted individua lly). 111
1
- 960 -
•
LABOUR
28-2
(b) For the purposes of tic les 10 to 14 -l1ereof, a person employed as � _ . ma�ag e�, Dn:ec�or, Supe mte11dent, or a representa tive of a.n employer, or : perfor111mg s1n11lar fl1nct1ons, shall be co11siclered as an employer. CROSS REFERENCE Ci v. C. 19/Ex.2 (1960) Art. 2512.
TITLE II Tl-IE PUBLIC EMPLOYMENT ADMINISTRATION Cl1a1Jter I. Orga,zizatio11s
5. Establis111ent A Public Employment Ad11tinistration is hereby created to carry out the functio11 set forth in this Order. The Public Employme11t Administraton shall be under the direcetion and supervision of the Minister of National Community Develop1nent and Social Affairs.
6. Co1n1Jositio11 Tl1e Public EmplO)'ment Administration s·hall consist of: (a) a Central Employment Office to be established at Addis Ababa; (b) Provincial and Local Employment Offices, to be established by subsidiary
legislation wider Article 18 hereof, according to the necessities of the employment situation. Chapter II. Funations
7. Fi,nction.s of the Central Em.ployment Office (a) The Central Employment Office shall determine the distribution of func tions within tl1e Provincial and Local Employment Offices, determine the geog.raphical areas of their jurisdiction, and organize, direct and supervise their work. (b) The Central Employment Office shall prepare, and present proposals for the budget of the Public Employme11t Administration to the Minister of Natio·nal Community Development and Social Affairs and shall, subject to the provisions of the Central Personnel Agency and Public Service Order (Order No.23 of 1961), be responsible for the personnel of the Public Employment Administration. CROSS REFERENCE Centr al Persoi1nel Agency and Public Service, 21/3 (1961) 0. 23, 8 Consol. L. Eih. 2
- 961 -
28-2
CONSOLIDATED LAWS OF ETI·IIOPIA
Cli .apter Ill. Co-operation with other Institi1tions
8. E1111Jlo)1111.ent Advisor)' Co111.11iittees (a) The Minister of National Con1munity Development a11d Social Affairs may by subsidiary legislation issued under Article 18 hereof, establish Employment Advisory Committees at the Central E1nployment Office and each Provincial and Local En1ployment Office. Registered associations of employers or employees may nonlinate appropriate persons for member ship upon the request of the head of the respective Public Employment Office. 1
(b) The head of the relevant Public Employment Office may ask the Empoly
ment Advisory Committee for advice with regard to the duties and respon.sibilities enumerated in Articles 10 and 11 hereof.
(c) The head of each Public Employment Office n1ay establisl1 such special committees as be deems necessary, according to the principles laid down in paragraph (a) of this Article 8. 9. Co-operation witli Other Public Ai1thorities (a) Each Public Employment Office shall, in all of its activities hereunder, co-opera.te closely with: (i) Public Authorities responsible for plamting and/ or economic develop
ment 11aving an impact on the employment sitt1ation;
(ii) Public A11thorities responsible for health and education; (iii) Other Public Authorities and private enterprises, the activities of which are relvant witl1 regard to the employment situation. (b) The Authorities and private enterprises n1entioned above sl1all assist the
Public Employment Office to the n1aximum extent possible. Chapter IV. Objectives ancl Purposes of the Pi,blic E11z1;loy11'Lent Administratio11
IO. Objective of th.e Public E111plo)11ne11.t Acl 111 inistratio11
The objective of the P·ublic Employn1e11t Aclministration sJ1 all be to facilitate the obta.ining of en1ployment of presons seeking tl1e san1e according to their individual desires and capabilities. In a.chieving this objectives, t11e Public Employ ment Administration, may, in accordance with the law, an. d upo11 the direction of the Minister of National Commu11ity Development a11d Social Affairs take all measures calculated to this end. 1
- 962 -
I
LABOlR
' 28-2
I I. Activities of t/1.e Pi1blic ErriplO)'r11e11t .4.d,1 1.inistration Without limitjng the objective set fortl1 in Article 1 O he reof , the Public Emp. loyment Ad1ni11 istr,1tion may, llpon the direction of tl1e Minister of National Commu11ity Developn1ent and Social Affairs, do any or all of the follo\-ving: .
(a) continuol1sly study and review �l1e em.ployment situation in tl1e E.mpire; (b) reconunend to tl1e Minister of National Conm1unity Developn1ent and Social Affairs and otl1er appropriate officials measures designed to meet difficulties existing i11 the employment field; (c) collect and publish inforn1ation anri statistics relating to the employment situation in the Empire; (d) assist en1ployers in finding suitable manual and non-manual workers; (e) provide appropriate facilities for bringing together en1ployers and persons seeking employment; .
(f) assist persons able and willing to work to obtain appropriate emp , loyment;
(g) provide guidance with respect to vocational training or retraining; (h) provide vocational guidan.ce, particularly to young persons, and assist in the realization of vocational plans, wherever feasible; (i) advise and assist handicapped persons by means of rehabilitation pro grammes; (j) stimulate and co-operate with approipriate Public Authorities and private
enterprises and organizations .in economic and other plam1iog appropriate to promote tl1e creation of additi ional employment, especially in areas where unemployment constitutes a particula,r problem;
(k) propose measures to facilitate the vollliltary transfer of workers from one occupation or region to another wh�n the employment situation requires or justifies such action; (1) propose measures to deal with conc�ntrations of un.employment in urban areas; and (m) maintain records of employed persots, vacancies and unemployed pe·rsons within the professional branches. 12. G,eneral Working Principles In carrying out its duties, the Public Employment Administration shall adhere to the following general principles: (a) non-discrimination against any enterprise or person; (b) subject to Cl1apter VI o,f �bis 0Fder: freedom of choice oii occupatien ly by app1icant1 s and of employees by employers; and (c} neutr�iity and n0n1-interference in labour clisputi es. - 961 --
CONSOLIDATED LAWS OF ETI-UOPIA
28-2 Cliapter
v.
Notifications by Employers and Employees·
13. Notification by Employers Every e1nployer shall notify the competent Public Employment Office without delay: (a) if he uitends ,to establish new industrial or con101ercial enterprises with more than ten (10) employees, or if lie inten.ds to exte11d existing enter prise analogously; (b) if he intends to alter rhe economic character of the enterprise or its location, to suspend j;ts operations temporarily, or to close the enterprise permanently; (c) of any imminent or actual collective labour dispute which may lead or has already led to a strike, lock-out, or any other general ter1nination of work; (d) if he intends to· employ in i].dustrial undertaking any person or group of persons from rural areas. 14. Notification by En1ployees An employee wl10 inten ds to resign from his employment or to whom notice of ter111ination l1as been given or wl1a;e employment has already terminated, by whatever reason, incll1ding mea.sures described llnder Article 13 hereof, may notify the compete11t Public Employment Office
Chapter VI, Em.ploy111en.t of Foreign Nationals 15. Work Permits (a) No foreign national may be employed within Etliiopia in any private i11dustrial, commercial, agricul!Jl.1ral or other employn1ent activity unless he is in a possession of a valid Work Permit i sst1ed by the Public Employ ment Administration. (b) Subject to Article 17 hereof, tbe Public E1nployme.nt Admiitistration shall isst1e Work Permit in accordance witl1 regulations appro\'ed by the Council of Ministers and issl1ed. by the Ministry of National Cominunity Develop ment and Social Affairs pl1rsua.nt to Article 18 Jiereof. Said regulations shall provide inter cilia: (i) fo � �he automatic issuance of Work Permits when reque sted by any Mlfilstry or Department of Our Government witl1 respect to any person to be en1ployed in any private enterprise pursuant to a Govern ment agreement or to any international treaty or convention; -964 -
LABOUR
28-2
(ii) itl1at preference sh.all b e gi· ven . . . to Etb i?p1.. a11 �at1onals possessing ilie . ' . necessary skills, in tl1 e absence of any 1nternat1011al treaty, co11ventio . l n _ o r governmenta authority requiring otherwise; and (iii) for consultatio11 with the appropriate Ministries and Departments of Otrr Government in order to ensll.1re tl1at ,111 information ,pertinent to each req �i :st for a Work Pemlit has been given ci1.1e considerartion prior to a dec1s1on being taken t·l1ereon. (c) Work Permits shall be initially issued by tl�e Public Employment Admin istration for a periocl not to exceed three (3) years and 111ay thereafter be renewed for an indefinite nurnber of periods not to exceed tl1ree (3) years. TITLE III. TRANSITIONAL AND GENERAL PROVISIONS
16. Private Labour Exclianges (a) Private Labol1r Exchanges shall, before commencing their activities obtain a licence from the Ministry of National Co1n1nunity Development and Social Affairs. Existing Private Labour Exchange shall apply for such licence within a period <;>f three (3) months from the date of e11try into force hereof. (b) The terms and conditions governing the issuance of s11ch licences shall be fixed by the Minister of National Community Development and Social Affairs in subsidiary legislation issued pursua11t to Article 18 hereof.
17. Issilance of Work Permits to Foreign Nationals Presently in Ethiopia Work Pemlits shall be issl1ed to foreign national who are presently in Ethio pia and who hold valid Foreign Nationals' Identity Cards in accordance with with directives issued by 1he Council of Ministers and notified to the Public Employment Administration through the Ministry of National Community Develop ment and Social Affairs.
18. Subsidic1ry Legislation The Minister of National Community Development and Social Affairs may, obtaining advice, w11en arppropriate, from the Employment Advisory Commi•ttee(s) issue regulations for the bertter carrying oot of the provisions hereof.
19. Entry into Force This Order shall enter into force not later than 1st Tahsas, 1955 (December 10th, 1962). Done at Addis Ababa this 5th day of September, 1962. - 965 -
•
28-3,4
ETHIOPIA F O S W A L D E T A ID L O S N O C
22 /5 (1962) L. 267* REGULATIONS ISSUED PURSUANT T O THE PUBLIC EMPLOYMENT ADMINISTRATION ORDER, 1962 of N� tion�l Commu nity Develop 1. These Regulations are issued by tl1e Minister _ _ me.nt and Social Affruirs pursuant to a'Ulthon1y vested 1n lum by Art1cle 18 of the Public Em.ployment Administration Order, 1962 (No. 26 of 1962). CONSOLIDATION NOTE fm/Jl. clmcl. 25/23 (1966) O. 46 Art. 2 (16), 3 Consol..L: Eth. 1-2 (1?), (renamit1g the Ministry of National Com1nunity Development as the M1rustTy of National Community Development ancl Social Affairs).
These Regulations may be cited as the ''Public Employment Administration Regulations No.l, 1962''. 3. There are hereby established: (a) a Local E1nployn1e11t Offic.e in Addis Ababa for the City of Addis Ababa; (b) a Provincial Employment Office in Dire Dawa for the Teklay Ghizat of Harar. 4. Until further notice, geographical areas not covered by Article 3 hereof shall remain under the jurjsdiction of the Central Employment Office. 5. There are herby established Employment Advisory Committees: (a) at the Central Employment Office in Addis Ababa; (b) at the Provincial Employment Office in Dire Dawa. 6. TJ1ese Regulations sl1all enter into force on �he date of their publicatio11 in the Negarit Gazeta. Done at Addis Ababa this 10th day of December, 1962.
2.
25 /24 (1966) L. 320 REGULATIONS ISSUED PURSUANT TO THE PUBLIC EMPLOYMENT ADMINISTRATION ORDER, 1962 1. These Regulations are issued by the Minister of National Comn1u nity Developme11t and Social Affair� pursuant to Autl1ority vested in Jiim bJ' Articles 6 (b), 8· (a) and 18 of the Public Employment Adnunistration Order, 1962 (Order No. 26 of 1962). 2. These Regulations may be cited as tl1e ''Public EnlplO)'Tilent Administra.tio ns Regulations No. 2. 1966''. 3. TI1ere are l1ereby establisl1ed. (1) a Provincial Employme11t Office in Asn1ara for th Te klay Ghizat of e Eritrea; and (2) local employment offices it1 Agordat, Assa.b, Ker en aiid Massa wa. * INTRODUCTORY FOOTNOTE
/nipl. an1d. 25/23 (1966) 0. 46.
- 966--.
LABOUR
4. !l1�re is l1ereby established an Employ ment Advisory Committee at the Prov1nc1al E1n,ployment Office in Asmara. 5. T11ese �egulations sl1all enter into force on the date of· their publication iI1 tl1e 1Vegar1 t Gazeta. Done at Addis Ababa this 3rd day of September, 1966. 23 /25 (1964) L. 295*
REGULATIONS ISSUED PURSUANT TO THE PUBLIC El\1IPLOYMENT ADMJNISTRATION, ORDER 1964 PART I. GENERAJ _, I. Issi,irig Autliority Tl1ese Re?ulation� are iss11ed by tl1e Minister of National Community Develop ment �nd Social . Af �a1rs, after approval by th·e Council of Ministers, 1pursuant to a11thonty vested u1 ·111111 by Article 15 (b) and 18 of the Public Employment Admin istration Order, 1962 (No. 26 of 1962) (the ''Order''). CONSOLIDATION NOTE Ir11pl. a1- r1ci. 25/23 (1966) 0. 46 Art. 2 (16), J Consol . L. Etli. 1-2 (16), (renaming tl1e Ministry of Natio11al Comn1unity Developn1ent as the Ministry of National Community Developn1ent ancl Social Affairs).
2. Short Title These Regulations may be cited as the ''Foreign Nationals Employment Regulations, 1964''. 3, Repeal All regulations previously in force concerning any matter provided for here in are repealed by the prese11t Regulations. 4. Scope of Application These Regt11ations shall apply to foreign national arriving in Ethiopia after the entry init o force of tl1e Order; provided, however, that no Work Permit shall be required in the case of a foreign national who comes to Ethiopia for the express purpose of rendering services: (1) wi•tiliin the framework of the Imperial Ethiopian Government (the ''Government''), to any Ministry, Department, Municipality or similar Pu1blic Authority: or (2) as a member or en1iployee of any diplomatic or counsular mission or any internation.a l organization. 5. Definitions
: s ire qu ise re rw he ot t ex nt co e th ss Je un , ns tio la In these Regu *
INTRODUCTORY FOOTONTE
Jmpl. amd. 25/23 (1966) 0. 46
.- 967 --
•
HlOPJA T E F O S W A L D E T A ID L CONSO
---------- physical or jur��-----:--:�--idi�a! person or bo�y of perso
28-5
ns _ (I) ''employer'' s'llall mean any u m att o1;1 under a g re er in is m pr ty 1 al on r pe � � al ic rid ju _ te � _ of the _ v1 C witho t1t separa C1 l 12 le e ic 25 rt A od ed m f1n de of as t en m oy contract of empl 1960; . . . . yin 1iop1an natio nall g Et 3o en t no n rso pe y an n ea m all sh l'' (2) ''foreign nationa ity according to la.w; and n l Ce ra e th plo n ea Em m all sh yment � '' o11 ati str ini m ad t en ym lic plo (3) ''pub em dis A in Ad ba ba n tio tra nis mi Ad t en ym plo Em c bli Pu Office of the _ le or any. t to Artic 6 (b) of an rsu pu d he lis ab est ice off t en ym plo other Public Em the Order.
CROSS REFERENCE Civ. C. 19/.Ex.2 (1960) Art. 2512.
PART II. PRINCIPLES 6. Auto,natic Issuance of Work Per111.its T,be Pt1blic Employment Administration shall issue a Work Permit automati c,1lly on request by any Ministry or Department of the Government with respect to any person to be employed: (1) in a11y private enterprise pt1rsuant to a Government agreement; (2) pursuant to any international treaty or convention; (3) by any enterprise operated, controlled and administered, whether directly or indirectly, by the Government; (4) by any non-profit seeking organization, wl1ether pt1blic or private, the main purpose of which is the promotion of culture, edt1cation, health, happiness and pro&perity, or any similar c11aritable purpose; or (5) on the basis of an investment project approved by the Investment Com mittee establisl1ed by Article 4 of the Investment Decree, 1963 (No. 51 of 1963). CROSS REFERENCE l11vestment Decree, 23/1 (1963) D. 51 Art. 4, 19 Consol. L. Eth. 34 (a1nd. and renu,n. 26/2 (1966) P. 242).
7. Conditio11s for lssi,ance of Work Per111.its Generally (1) Except as is otherwise provided in Article 6 l1ereof, the P t1blic Emplo)'· me11t Administratio11 shall isst1e a Work Per1nit for tl1e employment of a foreign national only wl1ere it determines that: (a) the proposed e1nployment will contribute essentially to tlJe promotion �nd / or strengtl1eni11g of tl1e Ethiopian eco11 on1y or to son1e other important aspect of national developn1ent; and tl1at (b) an Ethiopia11 national with tl1e 11ecessary skills to meet the require� me11ts of the proposecl employment is not a,,ailable therefor. (2) In IJ?,aki11g a detem1i11ation under paragraJ)ll 1 (a) of tl1.is Article 7, the Public Employment Administration shall assess all available faots and sl1 �l be gt1ided by !he p �bli� interest and especially by the principles a�d . developed 1n legislation pol1c1es and in the ctiltural economic and social planning tmdertaken by or on bel1alf of tl1e Govern�ent. - 968 -
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CONSOLIDATION NOTE Tl1e A111.haric �ersio11 ?f tl1is f\rticl e 7 (1) (b) says that vvorl< pern1it (for for eigners) _
111ay be issued 01,Iy if tl1ere 1s 110 "Etl1io1Jia11 National with tl1e 11ecessary sl<ill a11d experie11ce".
8. Training of Etlziopiarz Natio,zals Tl1e Public E111ployment Ad 1ninistration may, in appropriate cases, condition the � ant of a Work �ermit on an undertaking by tl1e en1ployer to ensure tl1at s1Jec1al programmes will be u11dertaken to train Ethio,pian natio11als in the skills required in tl1e enterprise a11d 'thus take maxi1num aclvantage o,f the potential represe nted by tl1e Ethio1Jia11 labour s·upply. PART III. PROCEDURAL PROVISION'S
9. Si1bn'1issiorz of Applicatioti Application for a Work Pernlit sl1ali be submitted to tl1e Public Employment Administration b)' �very employer who seeks to employ a foreign national. I 0. !1zfor111ation Reqitired (1) In applying for Work Penni1 for a foreign national, the e1nployer concern ed shall supply all information a11d data 11ecessary to enable the Public Employment Admirustration to make a determination in accordance witl1 Article 7 ]1ereof including b11t without limitatio11, the following: (a) the full name, age, sex and nationality of the foreigt1 national and of his dependents, if any; (b) a detailed description of the employment in questio11 including the monthly salary to be paid therefor and the expected duration of the employment; (c) a description of the employment experience of the foreign national; (d) the address, site, juridical character and econo111ic activities of the enterprise; (e) reason why a perso11 to undertake the employment in question cannot be supplied from the Ethiopian labour market; (f) the number and the proportion, in relation to the enterprise's total number of employees, of foreign national already employed in the enterprise and in the particular branoh thereof wl1ere it is intended to employ the adrutional foreign national;. (g) appropriate reference to approval of any investme.nt project; (h) plans, if any, for the training of Ethiopian nationals to undertake the employment in question; (i) a statement by the employer that all infor�ation contained in !he application is true and accurate to the best of h1s knowledge and belief. CONSOLIDATION NOTE The 1-\inJ,aric Versio11 of 10 (i) lacks the phrase ''to t11 e best of his knowledge ancl belief"
11. Use of Forms; A dditio11al Informatiori (1) Information sumbitted pursuant t.� Article 10 hereof s�a� J be ? n so.ch forms as may be supplied by the Public Employment Admm1strat1on.
- 969 •
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_ ____ ___ ______ ________ (2) Upon receipt of an applicatim th.e Pt1blic E�1�ployn!ent Ad1;11-inistration PIA IO I IT E F O S AW L ED T A ID L CONSO
_..;..._
may require the employer to sub1nit st1cih add1 t1on.al �nformat1on as 01 ay be necessary to enable s�lid Administration to make its determi11atio n in accordance with Article 7 hereof.
12. Consultation 1-vitli Other Ailthorities The Public Employment Ad1n.i11ist1a-tion s� all in ap�r?priate_ case consul� with such Ministries, Departments and other Publ1c Author1t1es _w111ch possess rnfor n1ation or data relevant to any employnent in respect of wh1c11 a Work Permit is sought. 13. Communication of Deter1nination: Issuance (1) A determi11ation under Article 7 hereof shall be made in writing and shall i11clude a statement of the facts in support thereof and the reasons, based on the facts, supporting sucl1 determination. (2) Such determination shall be comm11nicated to the employer, and, jn the case of a positive decision, to the Ministry of Foreign Affairs and tl1e Immigra tion Depa.rtment of tl1e Ministry of Interior. (3) Tl1e Work Permit shall be isst1ed directly to the foreign national in respect of whom the application was nade. 14. Renewal of Work Permit (1) Application for renewal of a Work Pennit shall be submitted by the employer not later tl1an three months prior to tl1e date of expiration thereof. (2) The employer shall apply for renewal of a Work Permit Vlhenever he intends to change the nature of the employment of tl1e foreign national who is the subject thereof. PART IV, WSCELLANEOUS 15. Proof of Co,npliance 111ith Obligat:ons (1) The Pt1blic Employment Administration may, at a11y time, require an employer to supply st1ch infoonation as ma)' be necessary to prove com pliance with a11y declaration n1ade or obligations undertaken by such employer i n connection witl1 th� isst1ance of a Work Pen11.it. (2) Where the emiployer reft1ses tJ s11pply st1ch infom1ation or w11ere such information reveals his failure to co111ply witl1 sucl1 declaration or obliga tions, the Public Employment Adnunistration may revoke ithe Work Permit in question. (3) Such order of revocatio11 sl1all be 111,1de in Vlri.ting and shall include a
statement of the facts in suppo1t tl1ereof and the reasons based on the facts, st1pporting st1cl1 cancella,tion. (4) Su:h cancellation shall be comn1t1nicated to the employer, to the foreign national conc �rne �, to tl1e Mi11:stry of Foreig11 Affairs, and to the Depart mynt of Imm1grat1 on of the Mi1istry of Interior.
�970 --
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16. Appeal
Any employer _ �11 0 i� 11ot satisfied witl1 a determination or order of the Public En1 pl �y�nen -t �d i:r"° :1strat1011 reft1sing or revoking a Work Pern1it may appeal to the �I1 n 1ster w1t �11:1 two (2) weeks after such deternlin ation l1as been co1nmunicated to l111n. Tl1e dec1s1011 of th e Mi11ister shall be l1andecl dow11 witl1in one (1) month of tl1 e date of sucl1 appeal a11cl shall be final. 17. Entry into Force �1ese Regulations sbaJJ e11ter into force on tl1e date of their p,ublication in the Negc1r1t Ga.zeta. Don e at Addis Ababa tl1is 31st day of August, 1964. 23/3 (1963) P. 210*
THE LABOUR RELATIONS PROCLAMATION, 1963 CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS, the promot· ion of a higher standard of livi11 g for 01111" people is greatly dependent upo11 the l1armo1uous and voluntary co-operation of labour and enterprise; WHEREAS, sucl1 co-opera1ion should have as its objectives the creation of prosperous labour conditions in all e nterprises an d the settlen1e nt of labo11r dis putes througl1 collective bargaining between employers a11d emplo-yees or the,ir lawfully established representatives; and WHEREAS, the establishment of principles to gover n relations be tween labour and employers and the creation of an institutional framewor·k withi n which these pri nciples may be applied are essential to the attainment of these objectives; and WHEREAS, it is essential that said institutional framework be established as a matter of urgent necessity; NOW, THEREFORE, in accordance wjth Articles 34 and 88 of Our Revised Constitution, We approve the resolutions of Our Senate and Chamber of Deputies and We hereby proclaim as follows:
Article I This Proclama:tion ma.y be cited as the ''Labour Relations Proclamation, 1963''. CONSOLIDATION NOTE Orig. 21/18 (1962) D. 49; amd. 23/3 (1963) P. 210. * INTRODUCTORY FOOTNOTE Orig. 21/18 (1962) D. 49; anid. and reni,�11,. 23/3 (1963� P. 210; corr. 24/5 (196� ) C. 59_; , in1p/. anicl. 25/23 (1966) O. 46. The amending _ Pr� clamat1011 replacecl the word Decr:ee throughout th.is law with th.e word "Proclamation_., ; these changes h_a'Ve not beell: n�ted _ Proclamation have and been comb11ileo 1n Consel1clat1011, individtta1ly. The preambles to Decree
� 971-.
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IA P IO H T E F O S W A L D E T CONSOLIDA
Section J. Definition.s Article 2.
l require otl1erwise: al sh t ex nt co e th ss le un n, io at m la oc Pr Wbeii used in tl1js ns io d at el ar R r Bo ou in ab L e th of settle n io cis de y an n . ea m l al '' sh rd ) wa (a ''a ment of a labour dispute; d te un ea re cr rd l1e oa B ns d. er; io at el R ur bo La e th n ea m (b) ''Board'' shall g tin t ec sp en o re e1n lab n? ra ar u.r con y an . an me all sh ' nt' me ree e ag tiv (c) ''collec r de the un , ed terms hereof, nz tho au es rti pa n ee tw be o int ed ter ditions en to engage in collective bargai1ring; o11 ati oti of � neg which prece ces pro the an me ll sha g'' nin gai bar e tiv llec ''co (d) nt; n1e ree ve ag cti lle co a of n tio ica dif mo or ion lus nc co the s de (e) ''conciliation'' shall mean the activity carried on by tl1e Board or any other tltlrd party for the purpose of bringing together the parties to a labour dispute and attempting to arrange settlement between tl1em; (f) ''employee'' shall mea.n any physical person bot1nd under a contract of employ1nent as defined in Article 2512 of the Civil Code, 1960, and. shall include any person wl1ose work has ceased as a consequence of, or in con nection with, any labO'l1r dispute or t1nfair labour practice carried on by an employer and wl10 has not obtained any otl1er regi1lar and substantially equivalent employment, but shall not inclt1de any persons employed as: (i) a manager, director, superintende11,t or representative of an employer or a person performing si1nilar duties on behalf of an employer; (ii) a domestic serva.nt; (iii) an agricttltural or pastoral employee 011 a farm having less than ten (10) permanent employees other than persons whose \Vork is of a seasonal nature; (iv) a Public Servant as defined in Article 3 of the Central Personnel Agency and Public Servants Order, 1961; provided, however, th at persons employed by any industrial, commercial or other profit making enterprise administered by tl1e Government or its administra tive _or technical departments s·hall not, for t11e pur-poses l1ereof, be considered a. Public Servant . (g) ''en1pl�yer'' sl1a� n1ean any person wl10 I1as \Vork doiie by an employee as d_efined_ l1ere1n, and shall inclr1de any i11d11strial, con1mercial or otl1er prof1�-n1aking ent_erprise administered by t11e Government or its admin1str�t1�e o te_cl �1ca� departments or any perso11 acting, wlietlier directly � or 1nd1rectly, 1n the interests of or as an age11t of mi employer; (b) ''e1nPI�yers ' . assoCia · tion' ' s.11 �11 rnean an orga11ization d11ly registered bereunder ill wl11.�� emJ?loyers JOu:1 and participate fo r tl1e purp ose of regulating labour cond1t1o _ ns 1n enterprises covered b)' this law as well as for tl1e �tudy, prote�t1on and development of tile econ and moral so om cia ic l interests of its members; ' (i) ''labour llnion'' sli�� mean an organization n i de r n he du re ly re u gi st er ed · which emp 1 oyees Jorn a'nd part1· c1p ate for the p11rpose of dealin g wit· b - 972-
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empl?�ers concernin� existing grievances or tl1e improve1nent of labo11; c �nd1Lion �, an d sl1all include a gro11p of 1mion s co11fe derated 011 a country w ide basis; U) ''general labo 11r 11nio11'' shall mean a unio11 the n1en1bersl1ip of whicl1 is not limited to the en1ployees of a single e11terprise; (k) ''labot1r conditions'' shall n1ean tl1e entire fielcl of relations between en1ployers a11d e1nployees rela.ting to tl1e co11ditions of employ1uent s11ch as wages , a11y form of con1pensatio11, vacation a11 d sick leave, rest perio ds, saf �ty n1eas11�·e s, co1111Je11satio11 to victims of IJrofessio11al diseases and acc1de11 ts, so cial welfare conclitions and the like; (1) ''la.bour clisp11te'' sl1all mea11 a11y co11troversy concer11ing: (i) the te1·ms or te11ure of labo11r conclitions; or (ii) the eligibility or a 1: 1tl1ority of persons clain1.ing the rigl1t to represent eitl1er employers or empl oyees in negotiating, arranging, fixing, main taini11g or rnod ifying tl1e terms of labo11r con ditions: (m) ''lockout'' shall n1eai1 the temporary ref11sal of an en1ployer to give work to all or a grou1J of his employees in order to con1pel tl1 e accepta11ce of c ertain labo11r conditio ns; (n) ''Minister'' and ''Mi ni s try'' shall mean the Minister of National Comn1u11ity Development and Social Affairs an.d the Ministry of National Con1n111nity Development and Social Affairs respectively; (o) ''orga11ization'' shall mean botl1 employers' associations and labour un ions; (p) ''provident fund'' shall ,mean any fu nd established by a11y employer or any orga nization having as its purpose tl1e aid an d relief of its n1e 111bers in time of need; (q) ''strike'' shall mean any temporary cessation of work by the concerted action of a gro11p of e1nployees taken in connection with a11d inten de d as a means of i nf]uenci11g an e xisting labour dispute; (r) ''similar activity'' when used in conjunction with ''strike'' shall mean any slowd own of work a nd any otl1er concerted action taken by a gr oup of em ployees with tl1e inte ntio11 o f han1pering t]1 e normal operation of an e nterprise; and (s) ''unfair labour practice'' shall mean: (i) as regards an employee or labo11r union: (1) a ny failure or refusal to discharge, or comply with any duty or obligation imposed hereunder; of a strike or similar activity ct u nd· o c the or to nt me cite n i y n a ) (2 which is: A. initiated, organized or, conducted by any person or grot1p other than a labour u nion; B. outside the scope of the lawful activities of a labour un-ion; c. initiated arbitrarily or without willingness to negotiate in good faith; - 973 -
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CONSOLIDATED LAWS OF ETI-IIOPlA
D. initiated prior to the s·ubmission of the �ab�ur di8.pute in_ ques tion to the Board an .d before the exp1rat1011 of a penod of sixty (60) days following such submission; E. initiated, organized or co11d.ucted in violation of or agains t a fi11,1l decision or award of the Board; F. Accompanied by violence, threats of force or unlawful publicity; G. likely, by reason of the vital public nature of. the e�terprise concerned or the essential character of the services bemg ren dered, such as, without limjtation, the provisio11 of electricity, water and other public utility services, telephone and telegrapltic communications and transportation services, to produce serious public injury. (ii) as regards an employer or employers' association : (1) any failure or refusal to discharge or comply with any duty or obliga tion imposed hereunder; (2) any incitement to or use of a lockout or s1nilar activity which is: A. initiated arbitrarily or witho11t willingness to negotiate in good faith; B. initiated prior to tl1e submission of tl1e labour dispute i n q·ues tion to the Board and before the expiration of a period of sixty (60) days following such s11bmission; C. initiated, organized or conducted in violation, of or against a final decision or award of the Board; D. accompanied by violence, threats of force or unlawful publicity; E. likely, by reason of the vital public nature of the enterprise concerned or the essential cl1aracter of tl1e services being ren dered, sucl1 as, without limitation, the provision of electricity, water and other public utility services, telepl1one and telegraphic co1nrnunications and transportation services, to prod11ce serious public injury; provided, however, tl1a:t no lockout or similar activity shall be considered an unfai _r labour: p�actice �l?en it is under1aken by an e111ployer in response to a strike or similar act1v1ty conducted by employees or a labour u11ion wbicl1 itself constitutes an unfair labour practice. CONSOLIDATION NOTE J111pl_. a,rzcl. 25/23 (1966) 0. 46,_ � Co11sol. L. Et/1. 1, (renan1i 11g tJ 1 e J\tlii1 istry of National
Community Development as the M1n1stry of National Comn1unity Developn1ent and Social Affairs).
CROSS REFERENCES Civ. C. 19/Ex.2 (1960) Art. 2512. Central Personnel Agency and Public Service Order, 21/3 (1961) 0. 23 Art. 3, 8 Co11sol. L. Eth. 2.
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NOTE OF DECISION Labour Disprtte J-lelcl b)' Supren1e lxnperial Court (one Judge djssenting) that, where the Labour Relations _ that one employee was di �n1issed because of his n1embership in a labour found had d r a Bo _ _ employees who \.Vere d1sn1issed were entitled to compensation from the union and that _other ?mplo ,yer, th � d�spttte,,bet,veen t!1e e�11Jloyer and his en1ployees as to tl1e employees' disn1issal 1s � labotII dispute concerning Jabou r conditions" witl1in the meaning of the present 1\rt1cle.
Sera Jvli/,;,crel Briclc r:c1ctor)1 v. T/1e flssocic1tio11. of Det11issie Esfzete et al. (Sup. ln1p. Ct. 1964), /. l:,t/1.. I�. ,,01. 3, p. 13.
1Vote: �he abov� deci�io11 was basecl 011 21/18 (1962) D. 49, whicl1 \Vas st1bseque11tly enacted by �arltainent \V1th n1111or amendme11ts, rent1mberecl ancl promulgated as the present Procla n1ahon.
Sectiori 2. Po1-vers of the Minister Article 3. - Fi,nctions of tl1e Mi11ister The Minister shall have the power to impleme11t the provisions l1ereof a11d, inter alia, the power to: (a) verify the observa11ce by en1ployers, employees and their respective organ izations of the requirements hereof; (b) establish, whe11 necessary, in different parts of 011r Empire, by Legal Notice publis·hed in the 1Vegarit Gazeta, Boards additional to the Labour Relations Board and assign to tl1em st1ch powers and duties equivalent to t11ose assigned to the Labour Relations Board here tinder as he shall determine; (c) to declare any collective a.greement, decision or award, in whole or in pa.rt, binding upon persons who were not represe11ted in the collective bargaining wltich preceded the conclusion of said collective agreement or in the hearing preceding the handing down of said declaration or award and to extend any such collective agreement, decision or awa.rd to additional enterprises; (d) to submit, on ltis own initiative, any Iabo11r dispute or case of unfair labour practice to t•he Board; (e) to prepare model n1en1oranda of association for e1nployers' associations and labour unions; (f) to receive applications from em.ployers' associations and labour unions for registra, tion and to register s.uch organizations; (g) to petition the courts to dissolve employers' associatons or labour ,unions in accordance with Article 461 of the Civil Code, 1960; (h) to prepare model collective agreements covering general or s;pecific labour conditions for voluntary adoption; (i) to fix labour conditions, in general or in specific cases, whether in the absence of a collective a.greement or notwithstanding the provisions of any S'l.lch agreement; provided, however, tl1at in no case shall labour_ condi�ons as so fixed be less favourable to the employees affected than 1s provided. in the Civil Code. 1960; and
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CONSOLIDATED LAWS OF ETI-lIOJ) JA
(j) to prescribe rules for t11e prop� administra�ion of provident funds whe n _
• ever established
i11
any enterpnse or organ1zat10.n.
CROSS F.E FERENCE : Civ. C. 19/Ex. 2 (1960) Aris. 461, 2512-2609. NOTE OF DECISION Authority of Minister to Fix Labour Co11di:io11s. Supreme Imperial Cotirt interpreted this A!t�cle, i11 co1n?inalio11 with � rticle 37 of the present Proclamation, as granting po,:ver to M1n1st� r. of Nat:Ion�l Con:munity Develop ment _ and Social Affairs to issue regulations whicl1 alter C1v1l Code by increasing employee s , rights. Yesttrbavara Jesopie v. Gas]1aw Bezza .Zerfu (Sup. Imp. Ct., 1965), J. Eth. L., vol. 3, p.32.
CHAPTER II. THE LABDUR RELATIONS BOARD
Section. J. Es·tablish,nerzt and Co,nposition Article 4. - Establis/1111ent (a) There is hereby established witlJin the Mjnistry ,t Labour Relations Board. (b) The Board s-hall have its princ:pal office in Addis Ababa but may hold sittings at such otl1er places as it may deem appropriate. Article 5. - Co1111Josition (a) The Board shall consist of five (5) members appointed by Us upon the recon1n1endation of the Minister, one of whon1 s.hall be designated as Chairman. An adequate 1111mber of deputy 111en1bers sl1all also be ap pointed. (b) Members and deputy members of the Board shall be persons of high reputation, dignity and impartality, and preference sl1all be given to persons with experience in the labour filed. Employer's associations and labot1r unions sh.all be invited. to nominate candidates for appointment as me1nbers and deputy membe1s of the Board. (c) Members a11d deputy n1embers of the Board shall serve on a pa.rt time basis witl1out remuneration; provided, l1owever, that the Minister may fix fees for attendance at meetings of the Board. (d) Members and deputy members of the Board shall be appointed for a term . of three (3) years; proviced, l1owever. that iI.1 1naking the initial appointments : �he terms of one (�). two (2) and three (3) years, respectively, _ shall be spec1f1ed, so that m eac11 s11bseqt1ent year tl1e terms of not more than 011e-third (I /3) of tl1e me:nbers and de[lltty 1 11en1bers then serving shall expire in a.ny one calendar year. Men1bers a11cl dep11ty n1embers shall be eligible for re-appointment. (e) The Ministe � ma.y recon1mend 1l1e withdrawal of an appoi11tn1ent only jn case of negligence of d11ty or malfeasance in office of sucli 111en1ber. In such case, he sl1all recomme11d a s11bstitute appointn1ent for tl1e balance of the unexpired term. CONSOLIDATION NOTE Orig. 21/18 (1962) D. 49; a111cl. 23/3 (1963) P. 210.
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Article 6. - Stc,ff Tl1e Mi11ister shall a1)point ,l Secreta�y and assign st1cl1 otl1 er staff to the Boa �d as may be 11ecessary for its pro1)�r fu11ctio11i11g. Saicl persons sl1all be ca1T1ed 011 Lhe pay roll of tl1 e Ministry.
Section 2. Ritles of Proceclure Article 7. - Meetirzgs (a) The Chair1nan or, i11 his abse11ce, a11otl1er member of the Board designated by him as Acti11 g Cl1air1nc111, shall preside over rneetings of the Board. In case no n1e1nber is so desig.nata:I, the member with greatest seniority on tl1e Board sl1all serve as Acting Cl1airn1a11. (b) In the case of tl1e a.bse11ce of a 1nember at al1 y meetu1g of tJ1e Board , the person servjng as cl1air1nan may designate cl deputy men1ber to replace the absent 1nen1ber at such rneeting. A deputy 1nember so designated sl1all be deemecl a member for the meeting for wl1icl1 designated .
Article 8. - Quorzc11i Three (3) members or deputy members designated as 111embers of the Board shall constitute a quort1m at any meeting.
Artcile 9. - Votirzg Decisions of tl1e Board sl1all be taken by 1najority vote of the members and deputy members designated as members pr�se11t. I11 case of a tie, the Ch.airman shall have a second or casting vote.
Article 10. - Signature of Decisions Each decision of the Board shall be sig1ed by all members.
Article II. - Certification of Minutes Minutes of meetings, after approval by t11e Board, shall be certifjed by the Secretary and shall thereafter constitute the official record of said meetings.
Section. 3. Powers of the Board Article 12. (a) The Board shall l1ave the power : (i) to consider, conciliate and arb:trate labour . disputes, �cludin.g the power to decide upon tem,porary measll!fes, 1f appropr1ate, prior to final settlement, and to issue decisions and awards; , to prohibit any int of. unfair lab?ur practice (ii) to consider any con1pla _ 1 such practice and, in connect10� therewith, to drrect named persons, refrom; the m sta ab to s on ati niz ga or or ps ou o-r r::, • (iii) to enforce its decisions and aw,rds by appropnate means; a. n d s. on atJ niz ga ion of or lut so dis e 1 t; r ste ini M the to nd me (iv) to recom - 977 -
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(b) Decisio1Js and awards issued by the Bo ard shall be legally binding upo n
ll be enforcea ble by the sha and ly app ms ter ir tlie om wh s to tlie person compotent authorities. NOTES OF DECISIONS
Power of Laboitr Relatio11s Board to Gra11t Ext�11sio11 fo� _E,ifo_rceme,zt_. of Order. Althougl1 the Labottr Relations Board e_xerc1ses qu�s1-1ud1c1al �u1Jct101�s a�d as _ s uch is invested vvitl1 the same inlJerent powers which. the ordi_oary courts exercise, _1ncl_ud1ng the �ent debt, when 1t finds good power to allow a judgn1ent debtor tin1e to s_ a� 1sfy t�e Judg _ reason for so doing, nevertheless,. wl1e11 exerc1�111 � this . �1scret1�11ary . P0';� r, tl1�. Board_ �ust give reasons for making an excepi1on to tl1� pnoc1ple of immediate �xe�ltlOD of 1t� dec1s1ons, and therefore held by the Supreme Imperial Cot1rt tl1at the Board s fa1lt1 re to give reasons for an extension of time constitutes a serious procedt1ral fat1lt a11d the case must be returne d to the Board with a directive to give a reasoned decision.
Fogstad Woodworks Labour Unio11 v. Jakob Fogstad (Sup. Imp. Ct., 1963), /. Eth. L., vol. 1, p. 185. E11.forcen1ent of decisions a1·1d a»1ards.
Held by Supreme In1perial Court that decisions of a Labour Relations Board require quick enforcement. WI1enever a Board's decision is sent_ to the it1d�ement execution office, tl1e latter shall follo,v the same procedure as whe11 executing a cotirt Judgn1ent. Tl1e Court 1nay, upon reqt1est, issue furtl1er orders if the execution office encounters difficulties it1 e11forcing judgme11t. Sera Mikael Brick Factory v. Tl1e Associatio11 of Demissie Eshete et al (Sup. I1np. Ct., 1964), /. Etli L., vol. 3, p. 13. Note: Tl1e above decisio11s were based on 21/18 (1962) D. 49, ,vhich ,vas subsequently enacted by Parliament with minor amendments, rent1mbered and promulgated as the present Proclamation.
Article 13. - Measures Available to the Board
In order to fulfil its duties, the Board may: (a) appoint committees to carry out such duties as tl1e Board may assign to tl1em; (b) assign one (1) or more members or deputy members of the Board or members of the Board's sta.ff to carry out any oi: the functions described und.er paragraph (c) tl1rougl1 (f) of this Article 13; (c) require any person, enterp. rise or organization to st1bnut all information, documents and other evide11ce in their possessio11 req-uired by t11e Board for the carrying out of its duties; (d) require parties and witnesses to appear an d testif)' at }1earings; (e) administer oaths and J or take tl1e affinnation of perso11s appearing befor e the Board and examme a.ny sucl1 persons upon such oath or affirn1ation; (f) dur�g workjng hours, �nter the premises of any enter prise in order to _ ob�am rele �a11t 1�ormat1on, ·bear witnesses or obtai11 docun1ents or other articles for �1spect1011 fro m a11y person 011 tlie preinjses; provided hov;ie er, , y _ that exce �t m case of emergency, the person in posses t11e premises of sio n shall be given reasonable advance notice before any stic}1 entry ; · (g) mak� !egul�tions govemi11g tl1e details of its internal th pr e oc an ed d tir e adID1n1strat1on of the Board. - 978 -
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Section 4. Hec,rings Article 14. - Notice of Hearings (a) Befo:� taking a�Y decision on_ a11y 111atter, the Board sl1all notjfy and _ permit_ sucJ1 _ part1e � as �ay be 1 �1volved to be l1eard. For tJ1js p·urpose, it shall g1 �e sa 1d par �1es written notice 11ot less tl1an tl1ree (3) days in advance _ co11cer111ng tl1e date, l1our a11d place where tl1e l1eari1 1g is to be held. (b) 111 fi�ii1g the li111e and. place of hearings, the Board shall give due consi deration to tl1e need and desirability of enst1ring that tl1e parties shall l1ave adeqt1ate opportt1nity to be l1eard by tl1e Board. (c) Parties appea �ing before t�e Board may be aocompanied by such counsel and ot11er advisors and ass1sta11ts as the Board may determine.
Article 15. - Faili,re of Party to Ap11ear (a) If an)' ?f tl �� parties or ,111y otl1er person properly sumn1oned to appear and ·des1rab1J1ty of settlir1g 1abo11r disputes as speedily as possible. 1nay nevertheless proceed witl1 the hearing, a.nd no appeal may be taken by reason thereof. (b) If tl1e failure to appear was not tl1e fault of tl1e person involved, the Board shall endeavour to afford said person a seco.nd opportunity to appear before it.
Article 16. - Conciliation The Board shall endeavour to settle by agreement all labour disputes sub mitted to it, and to this end it sl1all employ a11d ma.ke use of all such means of conciliation as it deems approp1·iate.
Article 17. - Consicleration of Cases (a) The Board, in its deliberations, shall give due consideration to the need and desirability of settling labour dispute as speedily as possible. (b) In reaching any decision. or award, the Board shall take into account and consider all testimony of persons who appeared before the Board, statements submitted to the Board, pertinent and relevant docume,nts and sucl1 otl1er information and evidence as is appropriate in order to assure that its decision or award takes full account of all facts relevant to the case.
Article 18. - Awards Wl1enever an atten1 pt to settle a labour dispute by conciliation fails, the Board may hand down an award. The Board s�all report such award, for informa _ tion, with detailed reasons thereof, to the M1n.1ster, and shall serve a co·py thereof on the parties involved without delay. Article 19. - Appeal (a) Any party involved who is not satisfied_ with the �o� rd's decis� on or award may appeal to the Supreme Imperial Court w1th1n the period of thirty (30) days after the decision or award of the Board has been served
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s ion est c1u 011 of law ouly, en tak be y 1na al pe ap An s. rtie pa upon the _ ll be conclusive aucl s11a ard Bo the by ned erm det s a. t fac an d findings of i bindu1g upon the Court. (b) If the Court : (i) finds that the Board erred on a question of law; or (ii) finds that tl1e Board's procedtue violated the l�w; . the Court shall return the cise to the Board for fu1al action. The Court may, at the same time, gi'\e binding directives on question of law to the Board. (c) In the absence of a finding by the Court tinder pa� agraph (b) of this Article 19, the decision or award sl1all be deemed confirmed. (d) Anything herein to the contrary notwithstanding, the Court ma y not itself modify or amend a decision 01 award of tl1e Board. CONSOLIDATION NOTE Orig. 21/18 (1962) D. 49; a,nd. 23/3 f. 210. NOTE OF DECISION Procedural Fault of Labour Relations Board's decision Altl1ougl1 tl1e Labour Relatio11s Board �xercises quasi-jt1d.icial fu11ctio11s and as such 1s in,,ested ,vith tl1e san1e i11l1ere11t powers whicl1 tl1e orcli11ary courts exercise, including the discretionary lJower to allow a judg111ent debtor ti111e to satisfy tl1e juclgment debt, ,vl1e11 it fi11ds good reason for so doi11g, 11everthelefs wl1e11 exercisi11g tltls discretionary po"rer, tl1e Board 111ust give reaso11s for n1aki11g an ex:eptio11 to tl1e principle of in1n1ediate execution of its decisio11s, a11d tl1erefore held by the :iupren1e I1nperial Cot1rt tl1at the Board's failure to give reasons for a11 exte11sio11 of tin1e constitutes a serious procedural f atilt a11d the case n1ust be retur11ed to tl1e Boad witl1 a directive to give a reaso11ed decision. Fogstad \Xloodwork Labour U11ion ,,. J,kob Fogstacl (Sup. In11). Ct., 1963), /. Et/1. L., vol. 1, p. 185. •
Note: The ab ?ve decisi_o11 \V�s based on 2l/18 (1962) D. 49, ,vllicl1 vvas subseque11tly cor rected by . Parl1a111e11t ,v1tl1 1n111or an1e11d1nents, re11u111berecl a11d promulgated as tl1e present Procla1nat1on.
CHAPTER III EMPLOYERS' ASSOCIA1,IONS; LABOUR UNIONS Article 20. - Rights of Associatiori (a) Employers . may cr��te and j0in employers' associations and en1ployees may esta�li �l1 ancl Join labour t111ions. Said organizatioi1s, when registered by the Minister, may engage in all lawful a ctivities. (b) No e!n1� loyer or e1nployee may belong to 111ore tl1an one (1) employers ' assoc1at1on or labo11r t1nion, re,pectively, at tl1e sa ine time. -980 -
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(c) �o labotir union may be created in an enterpprise employi.i1g less than fifty �5 �) persons; provided, however, that en1ployees of sucl1 e11terprises 1nay Join general labow· unions. (d) Tl1e Nlinister n1a.)1 , i11 exceptional circ11n1s ta11ces, waive t11e provisions of paragrapl1s (b) and (c) of tl1is Article 20.
Article 21. - Registratiori its t1nion sl1all, promptly upon on and labour (a) Every en �ploy�rs' associat ! _ _ cre a_ �1on, file with tl1� �1n1stry tl1e follow111g, all duly certified by a senior off1c1al of the organ1zat1on: (i) two (2) copies of its constitution, by-laws and any otl1er documents regt1lating tl1e rights and duties of its me1nbers or tl1e administration and procedure of tl1e organization; (ii) two (2) copies of a list of the names a11d addresses of the members of the organization; (iii) two (2) copies of a list naming the persons wl10 organized or acted as founding members of the organization; (iv) two (2) copies of a statement setting fortl1 tl1e irutiation and member ship fees and assessments and any other financial contributions required from its members; (v) two (2) copies of a list of the names and addresses of the officers of the organization. (b) After any election or appointme11t of officers or representatives of the organization, tl1e organization shall promptly s11bmit to the Min.istry two (2) copies of a revised list of the names and addresses of the officers or repre sentatives, duly certified by a senior official of t1Je orga11ization. (c) The filing of the documents set forth in paragraph (a) of thls Article 21 shall constitute an application by the organization for registration with the Minister. The Minister shall, unless he finds the documents submitted incomplete, inadequate or in violation of any provjsion of this Proclama tion, proceed to register said organization. (d) If the Minister refuses to register the organization, he shall notify the organization of this fact and shall give his reasons therefor. (e) If the Minister fails to take any action with respect to any application for registration within thirty (30) d.ays following t?e date of the. submis�ion _ of the documents set forth in paragraph (a) of tl11s Article 21, said organiza tion shall be deemed registered. s thi (e) of s or (d) aph agr par der u s ion zat ani org of on ati ? istr reg e of tic (f) No _ (g) h rap ce th rag an wi pa rd co ac 1n ted ec eff s ion lut so dis of d Article 21 an of Article 3 hereof shall be published by the Ministry in a neWSJ?aper 0f general circulation. - 981 -
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4rticle 22. - Scope of Activity of Organization ve ha a]l as eir th ion n u. r � ou lab purp ose d � an � ns tio cia so rs' as ye (a) Emplo ve d e co es h 1t1 tiv ac d an s on iti : nd co � reby, as well r ou lab n of the regulatio ,c, om on e ec social and mor al th of nt me lop ve de d an on as the study, protecti interests of their members. (b) Such organization shall, in particular, ?� gotiat� freely. and voluntarily on matters in the field of labour cood1t1ons with a view to achieving increased economic and social progress. (c) Employers' associations and labour unions sl1all not pursue political aims or engage in any political activity whatsoever. (d) Employers' associations a.nd labour unions shall be required to settle labour disputes by peaceful means whenever possible. Said organizations shall be encouraged to engage in voluntary conciliation as an essential part of collective bargaining, a.nd to include a requirement of voluntary concilia tion in collective agreements to which they are parties. (e) Employers' associations and labour unions shall have the right to submit any labour dispute or a.ny case of unfair labour practice to the Board. (f) Employers shall have the right to establish an-d 1naintai11 provident funds. Such funds shall be segregated and maintained separately from all other fu.nds of the organization, and shall not be reached in bankruptcy for any debts of the organization, Articles 968 et seq. of the Comn1ercial Code to tbe contrary notwithstanding. CHAPTER IV. COLLECTIVE BARGAINING
Section 1. Collective Barganing and Collective Agreements CONSOLlDATION NOTE
Corr. 24/5 ( 1964) C. 59 (inserting the ,vord "Bargaini11g").
Article 23. - Parties Only the following .persons shall be eligible to act as representatives in the collective bargaining: (a) persons acting for an employer or grol.ip of enlployers or en1 ployers' associations; rity majo a acting for one or 1nore represeilting persons labour unions (b) of the employees in the enterprise involved; or tee mit com a (c) � the absence of any such l,1bour union, the representatives of the of ty majori of employe�s elected an� d�ly authorized to represe11t a employees 1n the enterprise involved.
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Article 24. - DLtration of Collective Agreements (a) Unless its _ter1 �s shall expressly pr,)vide otl1erwise, a collective agreement, after t;nter1ng _ 1n!o force, may not be challenged by any employer, em ployer s �ssoc1at1011, en1ployee, lal:our t1nion or committee of employees for a per1od of three (3) years. (b) Tl1 � Board may waive the provi::io11s of paragrapl1 (a) of this Article 24 1n the event of a major change iI1 eco.nomic conditions. (c) Anyth �ng herein to tl1e contrary notwithstanding, both parties to the collective agreement 111ay at any time jojntly agree to its amendment or modification.
Article 25. - For,11 of Collective Agreen1eats (a) Collective agreements shall be made in writing and shall be signed by the representatives of tl1e bargaining pa.rties. (b) T\vo (2) copies of eacl1 collective agreernent sl1all, promptly upon execution, be transmitted to the Minister tl1rot1gh tl1e Board for registration in the register maintained by the Ministe1 for this purpose. Section 2. DL1ties of Emr,loyers and Employees Article 26. - Negotiation in Good Faith Each party engaged in collective bargaining shall be required to recognize all of tl1e other ,parties tl1ereto and to negotiate with them in good faith. Article 27. - Peaceful Attitude , Parties engaged in collective bargaining shall use all available means to ensure that the persons or organizations thait they represent abstain, during the bargainin.g period, from all activities which might disturb the collective bargaining or which are calculated to influence the other . Parties thereto in their negotiatio·ns.
CHAPTER V. FORBIDDEN PRACTICES Article 28. - Unfair Labour Practice Unfair labour practices a.re hereby prchlbited. Article 29. - Forbidden Soliciting Practic� No person shall : (a) use intimidation, th.reats or u� due influence . in a.n attempt to induce any other person to become, refra.m from becoming or cease to be, a member of an employers' association or labour 11nicn; (b) except with the consent of the employer invol�ed, in tl! e name or on behalf of a Jabour union, convene employees dunng workmg hours or on the employers' premises to solicit them to join said. labour u·nion. Article 30. - Discrimination by Employert
No employer shall :
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ETHlOPIA OF LAWS D CONSO LIDATE
s n io it n d o n co e r u th o b la to gr as nd es ou ye lo p , em n ee w t . . • te be (a) d1scr1mma . un· 1 on ac1v1t1 labour of se t· · u a c b e · r o n io es; n u r u o b la a ip in of membersh . mployment members of Jabour u11io11s in preference (b) empIoy or reta11. 1 1n e to non-1nembers or vice versa; be e of us em ca m be p hi rs on rs pe in a y an of t en m oy pl em e te tl1 (c) termin.a labour union; r ion ou u1t lab a of or interf ere ion at rm fo e th ce en flu in to (d) belong to or seek in any labour union activities; le tic 30 ll sha s thi ed i11_ v pre � nta co ent ng thi no � t tha , ver ed, we ho provid . an employer from suspendin.g, dismissing, d1schargmg or transferring any employee for good and sufficient cause. NOTES OF DECISIONS
Labour dispitte, Membersl1ip in Labo1,, r U11io11.
Wl1 ere a preside 11 t of a Labot1r Unio11 \vas dis1niss_ed becat1se of. hi� 111e1nbers_hlp in the unio11, a decision b)' the Labour Relations Board, hold1ng tl1 at tl1e d1sn1 1ss�l ,:vas illegal and ordering reinstatement of said worker, was 11pl1eld by the Supreme Imperial Court. Sera Mikael Brick Factor}' v. Tl1e Associc1tion of Demissie Esl1ete et al (Sup. In1p. Ct., 1964), J. E1!1. L., vol. 3, p 13.
Nole: Tl1e above decision was based on 21/18 (1962) D. 49 which \\1as subsequently enacted by Parlian1ent with minor amendments, renumbered and promulgated as the present Procla111atio11. Laboi,r Dispute
Tl1e Labour Relations Board decided on the basis of documents and evidence produced by the employer-defendant and witl1ot1t reqt1iring evidence from the employee, who claimed that be "vas dismissed becat1se of bis membership in a labour union, that there ,vas no good cause for t11e en1plo)1ee's dismissal (J. Eth. L., vol. 2, p. 348.) On appeal by the employer. wl10 based his a1)peal only on the procedt1ral ground, that tl1e Board erred in failing to require evidence from tl1e employee, the St1preme Imperial Cot1rt l1eld that tl1ere was no miscarriage of jt1stice that reqt1ired reversal of the Board's decision. Jos. I-ia11sen & Soe/1ne (EtJ1iopia) Ltd. v. Mesfi11 Dernissie (Sup. In1p. Ct., 1964), J. Eth. L., vol. 2, p. 259.
Article 31. - Activities Di,ring Pendency of Laboi1r Dispi,tes
�e a labour dispt1te_ is _ pending, neither party tl1ereto n1 ay effect a unilateral cha.i1ge m the statt1s of ex1stmg Iabo1.1r co11ditions to the detriment of any other party thereto. CHAPTER VI. GENERAL Sectiorz 1. Penal Provision Article 32. - Application of Penal Code
The Penal Code of 1957 sl1all ap, 1)ly to all violatioiis of tile provisioi1s hereof. CROSS ltEFERENCE
1 Code primarily referred to appear to be Pen. C. 16/Ex.1 (1957) e o t ��i�� �7 i �:6��1� �; 8 Arts
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Sectio11, 2. Special Provisio11s Article 33. - Incliviciual Rig/its of E111ployees N othing l1erein co�lained sl1all be deemed to prevent a11y employee from _ tl1e tenns o! l11s c?11tract before the appropriate courts or bodies so long , enforcing as sue � �nforcement 1s not 111consistent .with tl1e ter111s of any collective agreement or dec1s1011 or award of the Board then in effect. J11risdictio1 z of Labo1,r Disp11tes
NOTE OF DECISION
Held by the Higl1 �otirt (Adclis Ababa) that tl1e Labour Relations Decree (later amended a?d _ re- �11acte?. by Parl1ame11t as tl1e present Proclamation) was enacted to deal with general b�tween e111ployer and employee. Tl1e scope of the Decree was interpreted d1ff1cult1es ar1s1ng _ to_ extend, 1n�er al1a, to progress of vvork, advancement, and expeditious settlen1ent of m1stmderstand1ngs.. It does not, however, restrict the employee's right to claim, through the Courts, compensat1011 for wrongful dismissal tinder the provisions of the Civil Code. Yi11berberit v Yirgit Abebe (High Ct., Addis Ababa, 1963), J. Eth. L., vol. 1, p. 36.
1\1a111n10
Article 34. - Ji,dicial OrRanization Our Minister of Justice shall, in accordance with tl1e law, arrange for the establishment of labo11r divisions within the courts in order to ensure the effective and expeditio11s ba·ndling of cases brought before the courts 11nder this Proclamat1on. Article 35. - Binding Effect of Collective Agreements a11cl Boarcl Decisions (a) Collective agreements and Board decisions and awards shall be binding upon all persons to wl1om their terms apply. (b) If any collective agreement or decision or award of the Board contains
terms more favo11rable to employees than any legislation on the same sub ject matter then in force, tl1e ter1ns of said collective agreement or decision or award shall apply in perference to said legislation.
Article 36. - Repeal Unless otherwise expressly provided in this Proclamation, all legislation, regulations or orders previo11sly in force concerning matters provided for herein, whether written or c11stomary, are hereby repealed. Article 37.
Subsidiary Legislation
The Minister sl1all issue regulations for the better ca.rrying out of the provisions hereof. NOTE OF DECISION Autl1ority of Minister to isszte regi,lations Supreme Imperial Court interpretecl this Az:rl� le, in comb�nation with A� ticle 3 (i) of the present Procla.matio•n, as granting po\ver to M1n1st� r of Nat1on11;l CoI1'1;mun1ty Development . _ _ and Social Affairs to isstie regulations which al,ter C1v1l Code by 1ncreastng employees, ngl1ts, Yesi,rbvara Jesopie v. Gashaw Bazza Zer/1,t (SttIJ, Imp. Ct., 1965), J. Eth. L., vol. 3, p. 32.
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Article 38. - Entry irito Force Tbjs Proclamation shall enter i11to force on 1st Tekemt, 1955 (October 11 , 1962). CONSOLIDATION NOTE The date given here is that of the entry in�o �orct: of Decree � 0- �9- Proclamation No. 210 came into effect on the date of its publ1cat1on tn the Negartt Ga-'-eta (see belo\v).
Done at Addis Ababa, tllis 1st day of November, 1963. E11d
CONSOLIDATIONS NOTE
of Proclamation
The date given }1 ere is t11e date of publication of the Proclamation. 1�11e origina l Decree, 21/18 (J.962) D. 49, v. as published on 5th September, 1962. 1
24/5 (1964) L. 302* REGULATIONS ISSUED PURSUANT TO THE LABOUR RELATIONS PROCLAMATION, 1963 1. Issuing Autlzority Tl1ese Regulations are issued by the Minister of Natjonal Community Development and Social Affairs, ·pursuant to authority vested in l1im by Article 37 of the Labour Relations Procla•rnation, 1963 (Procla1nation No. 210 of 1963). CONSOLIDATION NOTE Int/Ji. anicl. 25 / 23 (1966) 0. 46 Art. 2 (16), 3 Corzsol. L. Et/1. 1-2 (16), (renaming ihe Ministry of National Community Development as tl1e Ministry of National Community Development and Social Affairs).
2. Short Title Tl1ese Regulations may be cited as the ''Minimu1n Labour Conditions Regu lations, 1964''. 3. Definitions As used in these Regulations, unless the context otl1erwise requires: (1) ''emplo·yee'' shall mean any physical person bound under a contract of employment as defined in Article 2512 of the Civil Code, 1960, and shall include any person whose work has ceased as a consequence of, or in connection witl1, any labour dispute or unfair labour practice carried on by an employer and has not obtained any other regular and substantially equivalent en1ployme11t, but shall not juclude any person employed as: (a) a manager, director, st1perintendent or representative of an en1ployer of a person performi11g si11lilar duties on bel1alf of an employer; (b) a domestic servant; (c) an agricult1.1ral or pastoral en1ployee 011 a far111 l1aving Jess tl1an ten (10) per1nanent employees other than those whose work is of a seasonal nature; * INTRODUCTORY FOOTN01�E Corr. 24 /8 (1965) C. 60 ; i1rzpl. an1cl. 25 /23 (1966) O. 46.
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(d) a Public Servant as defi11ed in Article 3 of the Central Personnel Agency and P11blic Serva11ts Or:Ier, 1961, provided, however, that per sons e1 ?ployed . b_Y any ind11stri1l, commercial or otl1er profit-making enterpnse adi111n1stered by tl1e Government or its administrative or technical depart1nents shall not, for the purpose hereof, be. considered as Public Servants; (2) ''empl�yer'' sh,1 �1 mea11 any perso11 w,ho ha.s work done by an employee as defined herein, and s-hall i11clt1de any industrial, commercial or other profit-n1aking enterprise aclrninistered. by the Govermnent or its admini strative or teclmical clepart111ents or any person acting whether directly or jndirectly, in the i11terests of or agent of an employer; •
(3) ''intermittent work'' sl1all mean work performed only at intervals but requiring the continuous presence of the employee at his work place or at a place wl1ere tl1e eqwp1nen: witl1 which lie works is situated; (4) ''legal arrangements'' shall mean alJ legislation, registered collective agree ments, and arbitral and judicial :1wards and decisions of the Labot1r Relations Board relating to labour eond.itions; (5) ''ordinary hot1rly rate'' shall n1ean the average wage per hour, excluding overtime payments, received by or due to an employee in respect of the last ten (10) working days during which he has been in the servjce of bis p, resent e1nployer, or in cases wlere an employee ha.s not yet completed ten (10) working da.ys in the service of his present employer then in respect of such number of working days as he has in fact cornpleted in such service. CROSS REFERENCE
Civ. C. 19/Ext. 2 (1960) Art. 2512. Central Perso11nel Agency and Public Service Order, 21/3 (1961) 0. 23 Art. 3, 8 Consol. L. Et/1. 2-3.
4. Scope of Applications Except as otherwise expressly provided, herein, these Regulations sha.11 apply to all employees engaged in industrial, c? rnmercial and o� her profit-seeking enter prises; provided, however, that only _Article 5: 6, 9_ and_ 10 h�reof shall apply to homeworkers engaged in the enterpnses dcscnbed m th1s Article 4.
5. Anni,al Leave (1) The provisions of Article 2562 of the Ciyil Co�� of 1960 to the contr�ry notwithstanding, an employee shall receive m1n1mu.m annual leave wtth pay as follows : (a) fourteen {14) consecutive days p�r year when he has been in the service of the employer for at lea.st one (1) year; e vic en n ser the be s ha en be wh r yea per � ys da e tiv cu nse co ) (16 (b) sixteen of th e employer fo r mo re than th.ree (3) and less than five ( 5) years; e vic e ser th en s in be l1a l1e en wh ar ye r pe ys da ive ut (c) twenty (20) consec ) (iO ten an s th les s d ar an ye (5) e fiv ar th e or m r fo er oy pl of the em years; and - 987-
ETHIOPIA OF LAWS TED CoNSO LIDA
28-7
when he year has · per been days ve in tli e t 1 cu se n co 5) (2 e iv (d) twenty-f s. ar 0) ye (1 n te an th e r o m r o f er service of the employ l u n , t e. de to in y tb m pl �r p a. l al e sh n a 0 96 1o of I (?) Artic1 e 2563 of the Civil Code n l 1s rt1 tb to A 11t l ua e rs cl pu 5 ee oy pl po , em .., of annua1 1eave due to an . t en in y lo p em f o ct a tr n co is l1 n o f ti o a termin d; be itte all r1n sh pe ve lea vi al nu pro · an of ded t en em on stp • • po or on di v1s1 o (3) N . · ' · y b ma e ve lea 1de al d1v d mto however, that in exceptional cases a-11uu e on (1) n ar ye tha by mutual re mo t no for ed on stp po or nts me three (3) seg agreement of tl1e employer an d employee. (4) For tl1e purposes of this Article 5, an e1nployee's absence from work for the following reasons : (a) sickness, accident or maternity; (b) d.eatb or marriage of family members; (c) tl1e exercise of civil rigl1ts a. n d duties; and (d) the exercise of duties arising from labour union obligations as established by law shall not be counted as an interruption of continued service nor deducted from days of annual leave otherwise due to the employee purst1ant to Article 2564 (1) of the Civil Code of 1960; provided, however, that no e111ployee shall be paid for the period of st1cl1 absence days except pursuant to applicable legal arrangements; and provided, f11rther, tl1at notice of such absence shall in appropriate cases be comn111nicated to the employer at the earliest possible moment and, wherever possible, in advance of such absence. (5) Payment to an employee in respect of annual leave shall be at a rate per day not less tha.11 l1is average wage per day, excl11cling overtin1e pa.yments b11t including any an1011nts deducted because of absence due to ca11ses specified in paragraph (4) of Article 5 l1ereof, received by or due to J1jn1 in res1Ject of the last six (6) periods of payn1ents durinCY which he bas been in the service of his present employer and reoardles: of tl1e manner 0 in W•hicl1 his wages are ordinarily calculated. CROSS REFERENCE
Civ. C. 19 /Ex.2 (1960) Arts. 2562"2564.
6.
Public Holidays
(1) Witho11t prejt1clice to .tl1e provisions of t11e Ptl blic Holiday and Sunday Observance Pr�clamat1on. (Proclamation No . 151 of 1956), an employee who bas been 1n the_ service of. his prese11t e111 ployer for at least two (2) months shall be .entitled to s1� (6) paid ptiblic holida)'S lJer year fro�1 an1ong tb_e fotirteen (14) hol1da.ys specified in tl1e Schedule to said Proclamation by name, tl1e l1olidays in questioi1 to be agreed bet\vee11 tl1e �mployer ..ancl employee inclivid11ally, or, where Stich exist, to be fixed u1 c_ollect1ve agree1ne11ts establishing the terillS of tlle employn1ent; provided.. howev�r, that for the purpose of tl1ese Reg1tlations, Sundays shall not be considered as paid public holidays . . - 988 -
LABOUR
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(2) Every employee paid _ on tl1e basis of a pay period sl1orter tl1an one (1) �11ontl1 , and every piece worker or hon1 e\vorker, sl1all be e11 titlecl to receive, 111 respec � of _ eacl1 paid p11blic l1oli:la.y, tl1e average vvage received by or du� to l11m 111 res 1:ect of each of tl1e last ten (10) worki11 g days during wl1 1cl1 •he l1as bee11 111 tl1e service of his present e111 ployer. (3) No e111 p , loy�e _pctid on tl1e basis of a pay IJeriod ot: one (1) month or more sl1all be e11t1tled to a11y additio11al c01npe.nsation i11 respect of a paid Public l1olida.y, irrespeclive of whetl1 er l1e works 011 s11cl1 l1oliday or not. · orter tl1an one (1) (4) Ever)' en1ployee paid 011 ilie basis of a pay period sh 11 1011tl1, and every piece worker, woo works on a pL1blic l1oliday, whether co11 siderecl as p,1icl or unpaicl, sl1all be re.m11naerated for such work at the rate of one a11d 011e-l1alf (1-}) tin1es l1is ordinary l1011rly rate. (5) Every em1)loyer paid on the basis of a pay period of less than one (1) montl1 , a11 d every piece worker, who works less than three (3) l1ours 011 a public l1oliday, wl1etl1er co11siderecl as paid o•r unpaid, sl1all be paid for not less than rl1ree (3) hours at Ilis ordinary l1ourly rate regardless of the 1111mber of l1ot1rs he bas actually worked. (6) An e1nployer may reject any clairr for pay which may arise under tl1is Article 6 \Vhe11ever tl1 e e1nployee asserting such claim bas been absent wiiliout valid reason on the working day before or after a paid public holiday without the employer's co11Sent. CROSS REFERENCE Pt1blic 1-Jolidays and Su11days 01)serva11ce, :S/9 (1956) P. 151, 23 Consol. L. Etfi. 18.
7.
Regular Hours of Wo,·k. (1) The regular hours of work for an1 employee shall not exceed eigl1t (8) hours per day nor for· ty-eight (48) :tours per week. (2) Where work in any enterprise is perfor·med in shifts, the regular l1ours of work fo-r any employee may be exte11ded to 11 ine (9) hours per day; provided, however, ·that the averaJe number of regi.1lar hours of work for any such e111iployee over a period of three (3) weeks shall not exceed eig11t (8) hours per day nor forty-e:ght (48) l1ours per week. (3) Working tin1e in excess of the regu:ar lhou.rs of work as set � orth in para graphs (1) and (2) of this Article 7 shall be regarded as ove·rt:Jme. (4) Tl1e provisions of paragrapl1 (3) of this Article 7 shall not aJ?ply lo inter mittent wo,rk; provid.ed, bowev·er, that any person en1ployed m sucl1 work shall 0,rdinarily be granted a mininum of ten (10) hours of continuous rest in every twenty-four (24) hour pe7 iod; and provided,_ further, tb� t. in the case of a person e111ployed as a_ driver or . cl1at1ffe11r, h1s actual dr1v1ng time shall not exceed 11ine (9) hours m any period of twenty-four (24) bo11rs.
8. C'ompensation for overtime. (1) For overtime work performed befa:re ten o'clock i_11 the evening (10: 00 p.m.) an employee . sl1all ? e entitled _to compensation at a rate of one and one-quarter (I¼) times his duly ordinary hourly rate.
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28-1
1A 1' l0 f lT £ F O S W A L D E T A JD l O S N CO · lock it1 the even�n o'c ten een tw be ed rm o rf· pe �g k wor . (2) Fo-r overt:1111e .) an a.m 00 y (6: plo em ng ro1 n1o ee shall the in k . loc o'c s·x (lo. 00 p.n1.) and 1 •s • e 1 e( ia lf 1 oo 1 d an e on f O ttm te h ra s 2J a _i be entitled compe11satio1J at ordinary hourly rate. e la w on any of the th tl1 wi ce an rd co ac i!1 ed rm rfo pe rk e wo tim r er (3) Fo ov _ ra rag h to pa t (1) an rsu of pu Article p paid public holidays a.s determined n t1o nsa at a rate of n1pe co to ed titl en be all sh yee plo em 6 hereof, an ly rate. ur 1 ho ry na di or is h es tim two and one-half (2¼) -
9.
Severa.rice Pay. . ploy (1) Where an employer, without good cause, ter1nj11ates a contract of em ment which l1a:s lasted for more than one (1) year, the employee shall be entitled to compens�on equal to thirty. (30) t�es � e average daily y preceedin g wage received by or due to him during the six . ( 6) mnnediatel _ _ periods of payments du.ring which h e has been 10 the sefVlce of his present employer. (2) Severance pay shall be increased by twenty-five per cent (25 %) for each yea.r of continuous employment in the service of bis present employer after the first year; , provided, however, thart in 110 case sba.11 such severance p·ay exceed o·ne l1undred eighty (180) ti.I11es said avera.ge daily wage. (3) The provisions of this Article 9 shall replace and supersede the provisions of Articles 2573 and 2574 of the Civil Code of 1960.
CONSOLIDATION NOTE Tl1e An1haric ,,ersio11 of Subarticle 9 (1) lacks the worcl "daily" vvhich appears in the English. CROSS REFERENCE Civ. C. 19 /Ex.2 (1960) Arts. 2573-2574.
NOTE OF DECISION .
Com.per1satio11 for employee 11,/10 Ii.as worked for employer for less 1l1a11 one year. Supreme In1perial Court upheld a decision of a Labour Relations Board, awarding co111pen sation to an en1ployee ,vl10 had been disn1issed ,vithot1t adeqt1ate cause, even tl1ough he bad \Vorked for tl1e employer for less than one year. Tl1e pt1rpose of 24 /5 ( 1964) L.302 is to grant e111ployees greater rigl1ts than tl1ose previously give11 by Civil Code Arts. 2573-74 and it ,vould be i �1co11sist�11t with t)1is 1Jur1Jose to inter1Jret Art. 9 as restricti11g rigl1ts to con1pensation previously given by C1v.C., to employees \Vho have vvorked for t11eir employer for at least one year. Yesitrbyara JesoJJie v. Gc1sha1-V Bezza Zerfu (Su1J. ln1p. Court, 1965), /. Etl-i. L., Vol. 3, P. 32.
JO. More Fc,vourable Co,ulitions.
No_thing contained i11 t �es� _Regu . latious sl1::1ll be dee111ed ir1 any way to limit or rest �1ct the terms of any 1nd1VIdual contract oz e111plO)'lllent, st,1 ff rule, registered collective ag�eement, awa,rd, or any o>ther legal arrangenietlts presently or l1ereafter to be established wl1ereby labot1r conditio11s 111ore favourable to emplo)rees tl1an tl1ese herein provided are secured. l,l. Effective Date. of te da the sl1all enter Regulations into after force tliree These (3) montlis their publication i11 tl1e Negarit Gazeta. - 990 -
LABOUR
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CONSOLIDATION NOTE _Corr. 24/8 ( 196 �� C. 60 (p �stpo11i11g tl1e e11tr ?7 i11to force of these Regulations to 3 n1011ths . _ tl1e Negarit Gctzeta). . tl1e11. tJt1bl1cnt1011 . of date 111 tl1c afte1
D011e at Addis Ababa, this 30tl1 day of December, 1964. 24 I 4 (1964) o. 37*
AN ORDER TO PROVIDE FOR THE ESTABLISHMENT OF A LABOUR INSPECTION SERVICE CONQUERING LION OF THE TRIBE OF JUDAH 1-IAILE SELLASIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS, tl1e importance of the labour force as a factor i11 ,the social and econon1ic develop1nent of tl1e E111pire is constantly iJ1creasing; a.i1d WHEREAS, all wl10 assist i11 the developn1e11t of the Em,pire by doing useful \VOrk are deserving of especial care and consideration; and WHEREAS, it has seemed fitting and appropria,te for this pt1rpose .to establish a Labour Inspection Administration; NOW, THEREFORE, u1 accorda11ce with Article 27 of Our Revised Con stitution and upon the advice of Our Council of Ministers, We 11ereby order as follows: Ch. apter I. - General
1. Short Title : This Order may be cited as tJ1e ''Labour Inspection Service Order, 1964''.
2. Definitions:
J
In this Order, unless the context otherwise req11.ires: (1) ''employee'' shall n1ean any pl1ysical person bound tinder a co11tract of e1nployment as defined in Article 2512 of tl1e Civil Code, but sl1all not include any person employed as: (a) a domestic servant; (b) an a.gricultural or pastoral employee of a �arm, but sl1all �nclude _ an agricultural or pa.storal employee of an agricultural enterpnse earned on in conjunction with an ind11strial enterprise e11gaged in the •process ing or transformation of crops grown by said agricultural enterprise, if the agricultural enterprise has more than ten (10) permanent em ployees other than persons whose work is of a seasonal nature; (c) a Public Servant a.s defined in Article 3 of th� Central Perso1mel Agency and Public Service O� der, 1961; _provided, l1owe_ver, t �at persons employed by any industrial, commercial or otl1er profit makmg *INTRODUCTORY FOOTNOTE /11'1/Jl. c11nd. 25/23 (1966) 0. 46.
- 991 -
> JA 1 ro r 1T E F O S W A CONSOLIDATED L
its r t s ini t e e clm : a, o rn m raive the G by red ste � ini . m � � ad or se pri ter en _ reo1, be cons idered se he rpo pu the for t, 11o ll sl1a 1 ts 1e1 rtn pa de l ica hn tec a Public Servant; (2) ''Employer'' sl1 all 1nea11 any perso11 who �,is wo� k done by 8;11 employee as defined herein and shall in.clL1de any 1ndustr1al, comn1erc1al or otlier profit n1aking enterprise ad,ministered by the Gover� unent or its admini strative or technical departmen.ts or a.ny person actu1g, whetl1er directly or indirectly, ir1 tl1e interests of or as an ,igent of an employer; (3) ''labour conditions'' shall mean tl1e entire !!�Id of relations between em ployers and e1nployees relatin5 to the cond1t1ons �f en1 ploymen;t such as wages, any form of compensa tion v�ca_tion a� 1d s1ck �eave, r�st periods, safety measures, co,n1pensation to v1ct1n1s o_ r professional diseases and accidents, social welfare conditions and t11e l1ke; (4) ''legal arrangeme11ts'' sl1all n1ean all legislation, registered collective agree ments, arbitral and judicial awards, and decisio11s of the Labour Relations Board relating to labot1r co11ditions; and (5) ''Minister'' and ''Minist1-y'' shall mean, resp, ectively, the Mi.11jster and Ministry of National Community Development and Social Affairs. CONSOLIDATION N01�E In1JJ/. a,ncl. 25/23 (1966) 0. 46 Art. 2 (16), 3 Corisol. L. Etli. 1-2 (16), (re11aming the Ministry of National Commt111ity Developne11t as the Ministry of National Community Develo1)111ent and Social Af fajrs). CROSS REFERENCE Civ. C. 19/Ex. 2 (1960) Art. 2512. Central Person11el /.\ge11cy and Public Service Order, 21/3 (1.961) 0. 23, 8 Co11sol. L. Eth. 2-3.
Cl1apter II Labcur Il1·spection Service 3. Establisl1nie11t ancl Co,nposition of tl1e Laboi,r I11spections Service:
(1) There is �e!eby. created and establisl1ed witl1in the Ministry an indepen dent adm1n1strat1on, to be knowi1 a.s t11e ''Labour II1spection Service". (2) !he Labo11r Inspection Servict shall 11�1 ve its ow11 bl1dget and sball act mdependently und.er t11e st1peivision of tl1e Mi11ister. (3) The Labot1r �spection Service sl1all co1111)rise tbe fol lo\ving: _ (a) an Adnu1:11strator of Labour Ins1Jectio11, wl1o sl1 all be respo11sible for tl1e carry11�g 011t of tl1e ac:ivities of tl1e Service and the enforcemen t of appropriate laws and regulatio11s a11d w11o sI1ail be appoi11ted by Us; (b) _an adequate �u�ber of qt1alified labot1r I11spectors, \Vl10 shall be _ . 1sst1ed a�propr1ate �redent1:tls b>' the Minister a.nd w110 shall perfonn and eof her 4 fm1ct1ons and d1scl1arge the the dLtties set fortll in Article s11ch other as may be delegited to the111 by tlle Minister; a11d (c) necessary staff and persomel. -992 -
LABOUl
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CONSOLIDAT1•)N N-OTE 11111!. c11rzd. �5/23 (1966) O_. 46 Art. 2 (16), 3 Corzsol. L. Etfi. J-2 (16), (renan1i11g tl1e _1 . of National ComJ11t1n1ty Developn1ent as the Ivlinistry of National Community ivl1rustry Development and Social 1\ffairs).
4. Res1Jonsibilities of the Laboi,r lnspectiort Service:
The Labour I11spectio11 Service sl1all, ill accordance witJ1 relevant laws: (1) ensure the observation by e111ployers of legal arra11gements relating to labour condtions ru1d e1nploymelllt, and iI1 partict1lar, to provisions of such legal arrange1nents co11ceruing safetJ, health, welfare, I1ours of work, over time, night work, arn1ual leave, leave for sickness and maternity, rest periods, employme11t of young persons and wo1nen, regularity of pay, insurance, accide.nts and professional diseases and compensation therefor, work permits, and co111pliance with reqt1irements for tl1e training of Ethio pian nationals; (2) supply tecb.n.ical advice and inforn:Btion to en1ployers and employees in order to aid them in determining the most effective means of complying \.Vith existing legal arrangements, and in particular, p.rovide such advice and information in advance of •the planned establishment, alteration or expansion of any enterprise; and (3) bring to the notice of the competent authority defects, or abuses not spe cifically covered by existing legal a-rangements; Chapte[ III. - Final 5. /111plenienting Regulations:
The Minister may, upon the recomnendatio11 of the Labour Inspection Service, issue regulations for the better carrying out of tl1e provisions hereof. 6. Entry i11to Force: This Order sl1all enter iI1to force on the date of its pt1blication in the Negarit Gazeta. Done at Addis Ababa this 4th day of December, 1964.
25 / 13 (1966) P. 232 A PROCLAMATION TO PROVIDE FOR THE ESTABLISHMENT AND ENFORCEMENT OF LABOUR STANDARDS CONQUERING LION OF T:-IB TRIBE OF JUDAH HAILE SELLASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS in order to safeguard the llie, physical integriJty, health and moral standing of the 'workers of tl1e Empire, it is necessary to set forth and define labour standards;
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CONSOLIDATED LAWS OF ETI-UOPlA
NOW, THEREFORE, in accordance with Articles 34 a�d 88 o! Our Revised Constitution, We approve the resolutions of Our Ch.amber of Deputies and Senate and We l1ereby ,proclai1n as follows: Chapter I. - General 1. S/1ort Title This Proclamation may be cited as tl1e ''Labour Standards Proclamation, 1966''. 2. Repeal
The Factories Proclamations, 1944 (Proclamation . No. 58 _of 1? 44) and alJ otl1er laws previously in force concerning mavters provided fo: m this Proclama tion, whether written or customary, are hereby rep��led; prov1d�d. ' however, that this Article 2 shall not be deemed to repeal any provision of tl1e C1v1l Cod e of 1960. CROSS REFERENCE
Civ. C. 19/Ex. 2 (1960).
•
3. Definitions In this Proclamation, unless the context otherwise requires: (1) ''accident'' shall mean a sudden or unexpected occurrence arising as a consequence of or in connection with employment and resulting in the death of an employee or in such injury to an employee that be is unable to continue employment in his previous capacity for a period of five (5) or more consecutive days; (2) ''Board" sl1all n1ean tl1e Labour Standards Advisory Board established pursuant to Article 6 l1ereof; (3) ''d.angero11s trade'' shall mean any enterprise which, by virtue of its specific attributes or operations, or because orf the condition or arrangement of any builcli11g, premise, pla11t, insta1lation, n1acl1 inery, equipment, instru . ment or material on, ju or witl1 Wthicl1 it is perfor1ned, or because it involves perilous activities or methods, exoose to ,unusual risks tl1e life, physical integrity or l1ealtl1 of persons en1ployed therei11; (4) ''en1ployee'' shall mean any physical person bound under a contract of e111ployment as define d in Article 2512 of the Civil Code, 1960, but sl1all not include any person employed as: (i) a domestic servant; (ii) an a.gricultural or pastor;:11 e1nployee of a11 agricult:11ral enterprise cover ed by paragrap11 2 of AI·ticle 4 l1ereof, havi11g less than ten (10) perrnanent en1ployees and persons wl1ose work is of a seasonal natu re; (iii) a Public Serva11,t as defined i11 Article 3 of t11e Central Perso nnel Agency and PL1 blic Service Order, 19 61 (Order No. 23 of 1961, as _ a1? ended); pro�1d ed, howe\1er, that persons employed by any indu s trial, commercial or other profit 1naking enter prise administered by the Governn1ent or its ad n1inistrative or teclm ical departments shall not, for tl1e purposes hereof, be considered a Public Servant; - 994 -
LABOUR
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(5) ''empl�yer'' S·ha�l mean a11y perso11 who bas work done by an en1ployee as �efined. here111, and sl1all include any ind,ustrjal, commercial or other profit 1nak1ng enterprise ad1Jli11istered by tl1e Government or its Ad 111.injs tra�ve_ or tec?11ical _departments or any person acting, whether directly or 1ndireotly, 1n tl1e interests of or as an agent of an employer; (6) ''industrial e11terprise'' sl1all 111ean any business establishment in whic11 electricity, steam, \Vater or oitl1er mechanical power is used in tl1e manu faoture, prod11ction, processing, assen1bly, reiJair or transformartion of goods or services; (7) ''labo11r conditions'' sl1all mean the entire field of relations between e111ployers and employees relating to the conditions of employment such as wages, any forn1 of co 111pe1 1satio11, vacation and sick leave, rest periods, safety n1e,1s11res, co111pe11sa:tion to victims of professional diseases and accidents, social welfare conditions and the like; (8) ''legal arrangen1ents'' sl1all mean all legislation, registered collective agree n1ents, and arbitral and judicial awards and decisions of the Labour Relations Board relating to labour conditions; (9) ''Minister'' shall mean the Minister of National Community Development and Social Affairs; (10) ''Order'' sl1all n1ea.11 the Labour Inspection Service Order, 1964 (Order No. 37 of 1964); (11) ''nlinor'' shall mean a person of either sex who has not attained the full age of eighteen (18) years; and (12) ''Proclama:tjon'' sl1all mean the Labour Relations Proclamation. 1963 (Proclamatio.n No. 210 of 1963). CROSS REFERENCE Civ. C. 19/Ex. 2 (1960) Art. 2512. Ce11tral Persoru1el Agency a11d Public Service Order, 21/3 (1961) 0. 23 Art. 3, 8 Consol. L. Eth. 2-3. Labotir l11spectio11 Service Order, 24/4 (1964) 0. 37, 28 Co11sol. L. Et/1. 8. Labour Relatio11 Proclamation, 23/3 (1963) P. 210, 28 Consol. L. Et/1. 6.
4. Scope
This Proclamation s,hall apply to the following: (1) industrial enterprises, as that term is defined herein; (2) agricultural enterprises, to the extent that t�ey a.re carrie? on in conjuc tion with an industrial. enterprise eng.aged 10 the processing or transfor mation of crops grown by said agricultural enterprises; (3) construction work; (4) any other enterprise, with respect to which legal arrangements are in force; and (5) such other classes of enterprises as the Minister may from time to time . designate by regulations published in the Negarzt Gazeta.
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HIOPIA T E F O S W A L D E T A ID L O S N CO
r te e is th in of 1'1 s ie ut D d an s er ow P . · Chapter JI 5. Powers and Duties of the Minister The Minister Shall: (1) stipervise and direct ,the activities of the Labour Inspection Service; (2) establish lists of professional dis�ases, ,, whi�h _diseas�s, u� � 1?e�g so classified, shall be deemed ,t o constitute professional diseases withm the meaning of Article 2552 of the Civil Code; (3) prescribe measures to protect the health of � d �void di� ease and injury to employees in enterprises subject to the application of this Proclamation; (4) classify as dangerous trades those undertakings. or categories of under takings which come within the meaning of Article 3 (3) hereof, which trades, upon bei.J.1g so classified, shall be deemed to have the same con sequences as a professional disease in accordance with Articles 2552 et seq. of the Civil Code: (5) regulate the use of any dangerous material by any enterprise and the use, hire, exhibition and sale of dangerous machinery by, in or to any enterpnse; (6) impose appropriate administrative sanctions where necessary to enforce the provisions of tl1e Order, olf this Proclamation, or of regulations issued hereunder; (7) seek in the cot1rts appropriaite measures for the enforcement of Jthe pro visions of this Proclamation and of such sanctions of this Proclamation and of such sanctions as 111ay be required by any decision of the Labour Inspection Service rendered i11 the course of or as a consequence of its lawful a.ctivities; (8) plan, supervise and carry out public relations and trajning prograrnn1es including: (a) informational campaigns i11 botl1 urban and rural areas and instruction
in educational institt1tions to acquaint the public with risks and dangers arising from technical or industrial matters includino scientific advance s and to advice the public of 1Jrotective n1east1res ;ith respect tl1ereto; and (b) safety and healtl1 training l)rogrammes for employees and particularly for those who are employed i.J.1 a dangerous trade; i cond labour and maintain searcl1_ r erform 9) statistics to with respect ( � � tions and 1n particular, bt1t without limitation; (a) keep reco :d of a�ci?ents and professional diseases and analyse, evaluate and publish statis,tics relating thereto; and (b) up�n the basis of social and technical developm ate opr i app r tak e ent s _ action to acl11eve the raising of the standards of labour conditio11s; an d - 996 -
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(10) provide forins to b� t1sed by employers and employees in co nn ec tion with. reports to be subm1Jtted and records to be maintai ned hereunder. CROSS REFERENCE Civ. C., 19/Ex. 2 (1960) Arts. 2552 et. seq.
6. Estc1blisl1ments, Compositiori ancl Functions of the Laboz,r Stanclards Advisory Board (1) Tl1ere is hereb _y created and established within the Ministry a Labour Standards Adv�sory Board (hereinafter the ''Board'') to be composed of not less_ _t11an five . (5 � and not more than nine (9) members appointed by the M1ruster cons1st1ng of person nominated by employers' associations and labour unions, and s11ch experts as the Minister may deem necessary. The Minister, may, in addition, from time to •time appoint a.dditional temporary members to ,the Board. (2) The members of the Board shall be appointed for a ter1n of three (3) years; provided, however, that in making the initial appointments, the terms of one (1) two (2) and three (3) years, respectively, shall be specified, so that in each subsequent year the te1ms of not more than one-third (1 /3rd) of the members then serving shall expire in one calendar year. Members shall be eligible for reappointment. (3) The Bo·ard shall be res•ponsible to the Minister, through the competent authorities in the Ministry as designated by the Minister, for rendering advice and making recommendations on general or specific issues relating to .labour conditions. Chaper ID. - Powers and Duties of the Labour Inspection Service 7. Powers and Duties of Labour Inspectors In carrying out the responsibilities set forth in Article 4 of the Order, Inspec tors of �e Labour Inspection Service sh·all have power to : (1) enter freely and without ·previous _ notice at � ny ho�r of the day or night any premises where employment 1s then bemg carried on; (2) carry out any examination, ,tes•t or inquiry which is necessary to deter1nine, whether legal arrangements are being properly observed, and, in particular hurt without limitation, to: (a) interrogate alone or in th.e presence �f witnesses _any employer or em ployee o n any matter relating to the lll1plemenitat1on or enforcement of any legal arrangement; (b) inspect and copy or take extra � from any bofks, register or other documents required to be ke pt m accordance with an y legal arrangement; !b ing e nt ui: me req ge an al arr leg of s on isi ov pr e th er (c) deterntlne wheth . t ing en be 1s ym plo ere em wh ses renu in es tic no ed ifi ec sp i: of ng sti po _ with; and carried on ar e being complied
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IOPIA H T F E O S W A L D E T A ID L O S CON
t en m e oy er pl is wh em s ise ing �rn be i:r y an carried om fr e ov m (d) take or re , s ed ce us le tan bs nd su ha of d or prese nt . s ial ter ma of es i t' tl an • . on sma11 qu ......., · h th e er w suo h 1ne erm . mate rials or det to er ord in , ses mi at such pre on effect ees; provided em1)loy l harmfu any have · may ces an t b ' · su s h 1n t e event of each such · d 1e 1 ·f · not be all b s. yer plo em the t tha r, boweve . b t to . h t sen e pre g 1 r_ h e t 1n person or e hav ll sha and l ova rem taking or ._ . of e re m ti he t , e tl1 at t en es pr e tiv ta en es pr re to have a
8. Enforcement by Labour Inspector; (1) Where a Labour Inspec�or observe? that the�e is present, on_ or in the premises, plant, installauons, machmery, equ1pmen,t or _n1aterial o� _any enterprise, or iii the working methods bemg followed therein any cond1ti ons which constitute a threat to the health, safety or welfare of the employees of such, enterprise, the following steps shall be taken to correct such conditions : (a) the Labour Inspector shall instruct the employer to take the necessary steps to correct such condi:ion; (b) upon failure of the emplo_yer to stake sucl1 steps within a. reasonable time after receiving such i115tr11ction, said Labour Inspector shall issue to s11cl1 employer a.n order requiring: (i) that alterations in existi,1g labour conditions which may be necessary to ren1ove tl1e tl1reat to tl1e l1ealtl1, safety or welfare of the employees be completed within a stated period of time; and (ii) that any measures wl1i::l1 may be 11ecessary to prevent imminent danger to tl1e safety or health of the en1ployees be taken imme diately; (c) wl1ere the Labour Inspector is in doubt about the technical or legal aspects of a11y particular ca.se he shall report thereon to tbe Admini strator requesting that appropriate deternlinations be made and orders issued accordingly. (2) Any employer affected by an instruction or order of a Labour Inspector issued pursuant to paragraphs (1) (a) or (b) of this Article 8 sl1all have a righ� of in1mediate appeal to the High Co11rt; provided, l1owever, that �xec�t1on of measures ordered pu.rsuant to paragraph (1) (b) (ii) to prevent 1rnm111ent d.a11ger to tihe safety or health of emplO)'ees sl1all not be stayed pe nding su'Ch appeal. (3) The 1:finister of Justice shall, in accordance with the law, arrange for the establ1shn1ent of labour divisions withi11 tl1e courts in order to ensure the effective and. expeditous handling of cases bro11gl1 befor tl1e courts t e under this Proclan1ation. 9. Restrictio11s on Activities of Labour /11.spertors
r impa out the Labour carried aotivities of Inspection Service shall be (1) All r thei in bias abour tial!� and � Inspectors 5hall scru1)ulously avoid any but ns, atio organiz relations w_rfu emplo-yees, e111ployers and tl1eir respective any by made &hall take into account all reas-Jnable advice and suggestions such persons or groups.
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1 (2 ) Labour .Inspectors shall absta1· n _ro n 1 1nterfere11ce or involvement in . . I abour d1sput es and colleot1ve b arg,.r·ini• ng and · ·. a sb ll not act as conc1l1ators or arbitra tors in such · a·1sput·es. · · · · (3) No Lab. o11r. Inspector sh· 'all be ass1gc · n of any e d to 1ns pect1011 or superv1s1o . ent erprise 1 n whic.h l1e poss esses ny a proprietary or other interest. (4) No Labour Inspector shall at an•, . tim e , wbetlie r d ur111g . 1s or aft er h' · emPloY111en t as a Labo11r I11spec tor, reve a l to any oth er oerso any sec et r n _ · · · I or otl1 er worki ng proc m. a11uf actur1 n g coinmerc1,t ess wl1ich 1nay come to . . � . his a tteiit1on, 1n tl1e course of pe rfcr manc e of his duties l1ereunder. (5) No La�ou r �SJ..?ector sl� all r eve l to any other person the source of any � complamt brrngmg to h�s atte11t1on a supposed defect or breach of le gal ?11"r_a1 1g� e11t and, p a rt1cula.r, no Labour Inspector shall giv e any � ntimat! on t? _a ny employ er or any 1epres enta tiv e of a n employer that his 1nspect1on v1s11 was made i n ·r espo11se to a complaint filed with tl1e Labour I11spection service.
(6) A Labour I? spector sl1all in all c ases notify an employe r of hjs presence
on th e preI111ses where en1ploy1ne nt i3 be ing conducted, tinless be co11sjd ers that such notification may be prejudicial to th e performance of his duties. Chap ter IV. - Employer's Responsjbilities
10. Gerieral Principles Every employ er shall, du e conside ratio:i being give n to rt:b e speci al circum stances of his enterprise and t he p a.rticular c1tegories of employment ther ei n, take all necessary measures to safeguard the ph}sical in tegrity, health and well-being of his employe es an d, · in ,particular, burt wiithout limitation , s,hall : (1) arrange the buildi ngs a nd pre mises ·Nber ei n employme11t is carried on in
with all legal arra ngemen:s r elating thereto an. d provid e therein all safety, welfar� and hea lth protection me asures a nd devic es required to be m aintaine d or normally found in similar e nterprises; (2) provide srp ecial c ar e and protection to avoid injury to minors, women and disabled persons employed by him; (3) assist a nd co-operate with the Labour Inspection Service and any other authority charge d with the enforce ment of legal arrangements for the pro tection of employe e s; · (4) co-o-p erate and work closely with employees_ and,.� app�op:i ate, labour u nions to impr ove safe-ty, welfare ani, h ealth conditions within the enterpnse; (5) take app r opri ate steps, including the appointment o� �- saftey officers,. to ensure that regular instruction on �eneral a nd specific matters relating to occupa tional safety an d healith is provided for employe es, and i n pa rti on-employe es �ho fre quently n for ry ssa ece a s d an es, ye plo e em n w � cular _ reason of their work or as e nter up on the premises of b1s enterprise by members of the families of employees; and accordance
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CoNSOLIDATJ�D LAWS OF ETHIOPIA
(6) post clear warning 11otices in conspicous places on o� near all dang� rous machinery within his enterprise ru1d n1ay copy for this purpose specrmen notices prepared by the Labour I11sp, ectio11 Service.
11. Notice of Accident arzd Professional Diseases Every accident O'r occ11rr,ence of a p·rofessiona1 disease sl1all be notified i•mn1ediately by the employer· to tl1e Labour Insp , ection Service, which notification shall inc· lude su.oh details as the Labour Inspection Service may detennine 10 be necessary.
12. Co,npulsory Liability Insurance The Ministry may from time to time, as sufficient data is developed to justify such action, by 1regulations publisl1ed in the Negarit Gazeta, require that em ployers in specified categories of enrterprises purchase or otherwise maintain insurance to provide a.gainst any liability which might arise against them pursuant to Article 2548 through 2559 inclu.sive of tl1e Civil Code. Such policy of insurnce shall meet suoh requirements as the Minister may specify in said regulations. CROSS REFERENCE Civ. C., 19/Ex. 2 (1960) Arts. 2548-2559.
Chapter V. - Special Protection 13 E,nployment of Minors (I) No person u.nder fourteen (14) years df age shall be employed in industrial
enterprises in which persons other than members of his im.mediate family are employed. (2) No person more than fourteen (14) years of age and less than eighteen (18). years of age shall be employed : (a) without the express written consent of his parent or guardian; (b) in a.ny employment classified as a dangerous tra.de; (c) at night, which s·hall mean: (i) in the case of minors under sixteen (16) years of age, the period between the hours of ten O'clock in the evening (1 O : 00 p.m.) and six O'clock in the morning (6 : 00 a.m.); and (ii) � the case of minors ?etween the ages of sixteen (16) and eighteen (18) years, a period. of more than seven (7) consecutive hours between the hours of te11 O'clock in the evening (10: 00 p.m.) and seven O'clock, in the morning (7: 00 a.m.); (d) for more than eight (8) l1ours per day or forty eight (48) hours per week; and (e) on piece work or an assembly line. (3) �very employee u11der eighteen (18) years of age shall be afforded sufficient t1me off to e�able h 01 to participate i11 compulsory training activities in accordance with applicable legal arrangements. - 1000 -
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(4) Ever � en:iployer sl1 �1l, at l1is own expense, provide appropriate medical exam1nat1on for minors prior to employing same and thereafter shall provide such examination at such regular intervals after commencement of _emplo�ment as may be prescribed by tl1e Minister with respect to van ?t1s lcinds of employment. No minor determined physically unfit for a k 1 �d of employment shall be employed or co,ntinue to be employed therem. (5) Every employee shall keep a register of all minors employed by him and shall inclt1de tl1erein s, uch information relating to such minors as may be deemed necessary by the Labour Inspection Service to en.sure adequate supervisio11 of the employment of ,mi11ors. (6) Subject to consultation witl1 the Board, the Minister shall have power to grant exemptions from compliance with the requirements of paragraphs (I) and (2) of tl1is Article 13. 14. E11·zployment of Women Employers shall provide equal remuneration for work of equal quality regard less of the sex of em:ployees. Chapter VI. - Miscellaneous 15. More FavoiJ.rable Conditions Nothing l1erein contained shall be deemed in any way to limit or restrict the terms of any individual contract of employment, staff rules, registered collec tive agreement, aiward or any other legal arrangement presently hereafter in for� e establishing labour conditions more favoura·ble to employees than those herem provided. 16. lmple,rzenting Regulations The Minister may issue regulatio11s for the better carrying out of the pro visions hereof. 17. Penal Provisions Any person who violates any prov�sions . hereof or of any regulatio� s issued _ . hereunder shall upon conviction be p t1rushed m accordance with the prov1s1ons of Penal Code. CROSS REFERENCE Pen. C. 16/Ex. 1 (1957).
18. Effective Date This Proclamation sha,1 1 enter into force on the date of its •publication in the Negarit Gazeta. Done at Addis Ababa this 6th day of May, 1966. - 1001 -
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Section 29
EDUCATION, FINE ARTS AND ANTIQUITIES 25 /7 (1966) P. 229 *
A PROCLA1\1ATION TO PROVIDE FOR THE PROTECTION AND PRESERVATION OF ANTIQUITIES CONQUERING LION OF THE TRIBE OF JUDAH . HAILE SELLASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS, tl1e ancient n1onuments, written documents ,111d other relics which exist i11 Ethiopia bear witnesses to the history a11d tradition of Our Country a.nd its people and constitute the heritage and birthright of all Etl1iopians; and WHEREAS, it is essential that provisions be made for tl1e discovery, protec tion, preservation and study of such ancient monuments and relics; NOW, THEREFORE, in accordance witn Article 34 and 88 of Our Revised Constitution, We approve tl1e resolutions of O,ur Senate a11d Chamber of Deputies a. n d We l1ereby proclaim as follows: 1. This Proclamation may be cited as the ''Antiquities Proclan1ation, 1966". 2. In this Proclamation, unless the context �therwise requires: (a) ''antiquity'' shall mean any construction or any product of l1uman acti vity, or any object of historical or arcl1aeological i11terest, having its origin prior to 1850 E.C.; (b) ''Administering Authprity'' shall mean the l1ead of the Office of Ar chaeology; (c) ''person'' shall mean any physical or juridical person, including any Cht1rch and any otl1er organization.
STATE OWNERSIDP OF ANTIQUI1'IES 3. (a) A:Jl antiquities, whether movable or immovable, existi11g witllin Etl1io p1a on the date of coming into force of this Proclamation, are l1ereby declared to be the property of the State, to be adrni11istered i11 the n1an ne� here�af.ter set _f�rth. The Admi1tiste1ing Autl1ority, sl1all, in consul tation :with �he. �1rustry of Public Works, repair, reconstruct and res tore said _an�19-ru1t1es and _sl1all administer, supervise, protect and preserve �l1ese ant1q111t1es at the time and in tlie manner herein specified. INTRODUCTORY FOOTNOTE Corr. 26/15 (1967) C. 63 (English only); imp!. a,1id. 25/23 (1966) o. 46. fJ
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29-1 ------------ -· �� ---::-:--:::-(b) Th
e respon�ibi�i�y for tl1e administration and possession of custody an d � ver all ant1qu1 �1es and, within the limits prescribed by this Pr oclama b.on, fo_r the takmg �fall necessary s,teps with respect to tl1eir dis ery cov , pro tect �on , ,preservation and study, is hereby vested i11 the Adminis ering t Authority.
CONSOLIDATION NOTE _J, _11pl. a !1-z _cl. 25/23 (19 _66) 0. 46, Art. 2 (15, 19, 22), 3 Consol. L. Et/1. 1-2 (15, 19, 22), (spl1tt1ng M1n1stry of PLtblic Works and Con1mL111icatio11s into two Ministries).
4. Any pe rson who discovers, acquires, or is in possession of any antiquity on _or after the . d �te ?11 wl1icl1 this Proclamrution enters into force shall promptly notify the Adn1m1ster1ng Autl1ority tl1 ereof.
DISPOSITION OF ANTIQUITIES 5. A ny person \Vl10 is in possession of any antiquity on the date on which this Proclamation enters i nto force may re1nain in possession of such antiquity until he is notif1ed to transfer said antiquity to the AdmiI1 istering Authority in ac cordance with the provision s of Article 7 l1ereof, subject to l1is submitting to the Ad.Ininisterin g Authority a detailed list of antiquities in ]1is possession. 6. No antiquity may be sold, bartered, transferred or exported as a gift or otherwise, except undera permit issued by the Administering Authority or a subor clinate authority or office e stablished pursuant to regulations issued in accordance with Article 10 hereof. Any person wl10 sells, barters, transfers or exports or who assists in the sale, barter, transfer or export of any antiquity without said permit shall be punished as pro vid ed in Article 11 here of. 7. The Ad1ninistering Authority may from time to time, pursua nt to regula tions issu ed pursuant t o Article 10 hereof : (a) register and supervise all histori'cal objects which may exist in any Church witl1out, howe ver, the rigl1t to reqt1ire t11e transfer of possession of same; (b) require the transfer and surrender of antiquities now in the p ossession of privat, e individuals or those which n 1ay be discovered hereafte r; provided, howeve r, that no ·private person shall be r e-quired to make such transfer and surren der except in accordance and upon compliance with the requirements of Article 44 of Our Revised Co nstitution. CROSS REFERENC'E Revised Constitution, 15/2 (1955) P. 149 Art. 44, - 1 Corzsol. L. Eth. 1.
. ay, in acc ordan. ce witl1 Article 44 of the Revised 8. The Council of Ministers m i oric �es �d � Constitution, designate certain dist#cts, places and. b�dings as hist . monuments, a nd the same shall ther eafter be ad1Il1Dlstered by the Ad1TIImster1ng -· Authority. CONSOLIDATION NOTE Corr. 26/15 (1967) C. 63 (English only). CROSS REFERENCE Revised Constit1.1tion, 15/2 (1955) P. 149' Art. 44, 1 Consol. L. Et/1,. 1
EXPLORATION FOR ANTIQUITIES 9. No person shall carry on archaeological exploration activiities within _Ethio pia, whether on private or on Government lands, unless h e bolds a permit dru.Iy - 1003 -
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d ue in c iss ac iils tio la gu n re cla to 0r t €e an rsu pu y rit ho l:lt A g in er ist ued by e in th Adm iss with Article 10 hereof. AU'IHORITY TO ISSUE REGULATIONS 10. The Administering Authority may issue regulations: (a) prescribing the basis upon which archaeolog!cal exp�or� tion permits shall be issued, the time and manner of making applicat1ons therefor and fees chargeable with respect thereto; (b) prescribing mbe manner in which archaeological exploration operations shall be carried out by persons to whom such permits have been issued; (c) requiring persons in possession of certain types of antiquities to give notice of their possession thereof to said Administering Authority; (d) prescribing the basis upon which permits to sell, barter, transfer and export antiquities from Ethiopia shall be is·sued, the time and manner of making applications therefor and the fees chargeable with respect thereto, and any subordinate authori1ies or offices empowered to issue such ,permits; and 11. Any person who violates any of the provisions of this Proclamation or any regulation issued pursuant hereto shall be p11nished in accordance with the relevant provisions, of the Penal Code of 1957. CROSS REFERENCE Tl1e Articles of tl1e Penal Code referred to appear to be pri1narily Pen. C. 16/Ex. l (1957) Arts. 364, 428, 740.
12. Effective Date
Thls Proclamation shall enter into force on the date of its publication in the Negarit Gazeta. Done at Addis Ababa this 29th day of January, 1966. 25 I 11 (1966) o. 45 *
AN ORDER TO PROVIDE FOR THE CREATION OF AN ETHIOPIAN ANTIQUITIES ADMINISTRATION CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELLASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA to est responsible to be ion t Ad1ninistra. an ablish �REAS, it is necessary _ _ for the discovery, protection, preservation and study of Ethiopian antiquities; in accordance with Article 27 of Our Revised Consti NOW, THEREFORE, _ . tution and on the advice of Our Council of Ministers, We hereby order as follov.1s: 1. Short Title This Order may be cited as the ''EthiotJian Antiquit1· es Adn1inistra tion Order, 1966''. * INTRODUCTORY FOO,.fNOTE Corr. 26/15 (1967) C. 64 (English only).
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2. Establish111ent
Th ��-e is �e�eby �st �?lisl1ed the Ethiopian·Antiquities Administration (here. . .111af ter tl1e Adm1n1strat1on ) as an autonomous Public Authority of the Imperial _ . Eth1op1an Goven1ment. 3. Purposes a11cl Objectives !he Administration s �1all have aJtd s1 hall pursue and discl1,1rge in accor dance with tl1e law the follow111g purposes and objectives: (1) tl1e taking generally of all sucb mea.sures as may be useful or necessary to promote or effect the disccvery, protection, preservation and study of ancient mo11uments, written docu111ents and other historic relics in Ethiopia; (2) the promotion and facilitation J· f the custody, repair, reconstJ.'luction and restoratio11 of Etl1iopian antiqr1ities; (3) the maintenance of records concerning the discovery, location and possession of Etlliopian antiquities; (4)· the establishment of policies :oncerning the issuance of licences and per1nits for tl1e barter, transfe: or export of Ethiopian antiquities and the issuance of s·uch licence and permits; (5) the conduct, and the iss11ance of permits authorizing the conduct by other persons, of a.rchaeological exploration activities; and (6) the encouragement of research. and publicity concerning, and the stimu lation of popular interest in, Ethiopian antiquities. 4. Corporate and Administrative Po,-vers The Administration shall have a1d may exercise, through its organs of management and subject to the restrictions imposed by law, all corporate and administrative powers necessa.ry to the accomplishment of its purposes and object ives. In particular, and without lin1itation, the Administration shall have power to: (1) enter into contracts in its own na.me; (2) sue and be sued; (3) acquire, own, possess, manage and dispose of movable and immovable property; (4) borrow money and receive credits as authorized by law; (5) solicit and receive grants and con•tributions; (6) charge, collect, receive and retain fees for admission of the public to historic sites and monuments; (7) administer in accordance with :he law the funds received by it or placed at its disposal; and (8) genera.lly, do all s�oh oth�r lawful acts and things as may be necessary or incidental to the exercise of any of the powers enumerated above or otherwise conferred upon it bJ law. CONSOLIDA'TION NOTE Corr. 26/25 (1967) C. 64 (EngJisl1 only).
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CloNSOLJDA'ifE.D
LAWS
OF E1!HIOPIA
5. Executive Board
n io is rv of a pe su al ne ge th r de un !1 Exe ! be l al sh n tio ra �, (1) The Adrr.rinist l s be al pn sh m h co ic ed of wh ) rd oa ''B tre r fte na ei er cutive Board (h the following members : (a) His Imperial Highness the Crown Prince, who sl1all serve as Chair man o·f the Boa.rd; and (b) not less fuan four (4) nor more th� eight (8) other_persons appo�t ed by Us to serve for a t�rm of five (5) years, subJect to reappoint ment. (2) Tl1e Board sl1all be respon�ible generally for tl1e formulation of the policies and programmes of the Administratio11. (3) The Board shall meet at least once annt1ally and on such ot11er occa sions a.s may be determined in accordance witl1 such internal rules a.nd procedures as it may establish. Half the 111embers of the Board shall constitute a quorum. All de:;isions thereof sl1all be by majority vote. Tl1e ohairman sl1a]l have a casting vote.
6. Director of Antiquities There sl1all be a Director of Attiquities who sh,tll be the cluef executive officer of the Admirustration and who mall be respo.11sible for the conduct of all its activities a11d the discharge of its resi:onsibilities in ,tccordance with tl1e general policies and progra1nmes established by the Board. 7. Fina11cial Arrangen1ents (1) Tl1ere shall be establisl1ed a fund which shall consist of:
(a) all grants, contributions and donations n1ade to tl1e Ad111inistratio11; (b) sucl1 other revenues as miy accr11e to the Administration as a result of any of its activities, including admissio11 fees to J1istoric 111onu ments; and (c) � annual ?ove:11 ��nt subsidy based on a budget prepared by tl1e Director 01 Ant1qu1t1es a1d approved by tl1e Board. (2) Such fund s �all be dep�sitec i11 the Natio11al Bank of Etl1iopia or ii1 ot11er authonzed banks 1n a separate accou11t in the 11a1ne of tl1e Ad ministratio11 wl1ich shall be r�sponsible for the .lawful management and administration of tl1e fund ir pursuance of its purposes and discl1arge of its responsibilities. (3) The Ad111inistration shall keep full and accurate accoLIIlts and records relating to its activities a11d shall within tliree (3) n1ont11s after tl1e _ end of each fiscal year preµire and subniit a financial report to the . Board, to the Auditor Ge11eral an d to the Minister of Fina11ce. ,
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A.Rrs
AND ANTIQUITIES
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8. !111plemerzting Regulation.s Tl1e Ad111inistration shall l1,1ve p:>wer to issue regulatio ns for the better carryi11g out of tl1e provisio11s of tl1is Orrer. 9. Effective Dc1te Tl1is Order sl1all enter into fore.� on tl1e date of its pttblication in the Negarit Gazeta. Done at Addis Ababa tl1is 2211d day of June, 1966. 7 /3 (1947) 0. 3 *
ESTABLISIIMENT OF BOARD OF EDUCATION CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELLASSIE I ELECT OF GOD. EMPEROR OF ETHJOPIA WHEREAS, it js Our desire that E 1iucation shall grow in Our Empire and tl1at Our .people shall progress tl1rot1gh education and arts and reacl1 a h. igh stan dard of knowledge; and WHEREAS� to this end, it has seemed fitting to Us to establish a Board of Education and Fine Arts which shall functio11 in direct contact witl1 Us and shall be under Our own direction; NOW, THEREFORE, in accordance with Article l l of Our Constitution, We l1ereby order and appoint as follows: CONSOLIDA':'ION NOTE Tl1e Co11stitution referrecl to here is tl1e Constitution of 1931. Tl1is Constitution was repea]ed and replaced by the Revised Constitution of 1955, 15/2 (1955) P. 149, 1 Consol. L. Et/1. 1. Tl1e Article of the Revised Constitt1tion parallel to tl1e cited Article of the J 931 Cons titution is Article 27.
I. Th. e direction, adminis:tratio11, supervision and guid.ance of all functions and controls of Ot1r lI11perial Governme11t, relating to education, fine arts and religious and cultural instruction, within Our Empire, sihall come under Our exclu sive control. CONSOLIDA1ION NOTE I,n.pl. cuncl. 25/9B (1966) 0. 43, Ar�. _ 66, 7 Consol. L. Eth. J-66, (whicl1 transfers Govern _ of tl1e AwraJa). ment elementary schools to Local Adm1111strat1cn
2. A Boad of Education and Fine Arts is hereby established of whicl1 there shall be a President and seven members. 3. The definition of ,the .powers and duties of the Board of Education and Fine Arts and the regulations for the administration of education in general ap proved by Us shall be published in the Ncgarit Gazeta. Done at Addis Ababa this 30th day of November, 1947.
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* INTRODUCTOF.Y FOOTNOTE
!1npl. a111d. 25/9B (1966) 0. 43.
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CONSOLIDATED LAWS OF ETHIOPIA
7 /3 (1947) P. 95 A PROCLAMATION TO PROVIDE FOR EDUCATION EXPENDITURE CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELLASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS, it has been Our incessant consideration to obtain widespread education for Our Subjects; and WHEREAS, the time has come for Our Subjects to share in local education; WE PROCLAIM AS FOLLOWS: 1. This Proclamation may be cited as the ''Education Expenditure Procla� mation. 1947'', and shall come into operation on the date of its publication in tl1e Negcuit Gazeta 2. There is hereby constituted in each Teklay Ghizat a Local Education Board whicl1 shall, subject to the Provisions of Article 3 and. 4 hereunder, �onsist of the following members : (i) one member from each mt1nicipal council .in the Teklay Ghizat to be elected by secret ballot by the members of tl1e municipal council; (ii) one men1ber from each Woreda of tl1e Teklay Gl1izat to be elected by the procedure used for parliamentary elections, such elections to be l1eld every year on the 23rd day of Tekemt (October). The first elec tion sl1all be held not later than six (6) months after the coming i11to operation of this Proclamation. '
CONSOLIDATION NOTE Tl1e Amharic versio11 of Subarticle (a) of this Article provides t11at 111embers to the Local Education Board from the n1u11icipal council shall be elected by "lot ,vhicl1 ,vill be secretly perforn1ed".
3. The Governor-General of the Tek:lay Ghizat shall be ex-officio member of the Local Education Board and shall preside at all Board meetings. In the ab sence of the Governor-General, the Director-General of the Teklay Gl1izat and in tl1e latter's absence the Secretary General of the Teklay Ghizat shall preside at meeting of the Local Education Board. 4. The Head Master of the Principal scl1ool in tl1e capital of the Teklay Ghizat and the senior education officer in the Teklay GI1.izat sl1all be ex-officio memb ers of the Local Education Board. 5. The members of the Local Educatio11 Board sl1all, with tl1e exception of the Governor and those Head Masters wl10 are e.,--c-officio members, be persons wl10 have attained the age of 21 years and who have resided in tl1e Teklay Ghizat wlrich they represent, for not less than five years. CONSOLIDATION NOTE The Amharic version of this Article says, " ... JJersons w)1 o J1ave attained tl1e age of 25 yea!·s . . . ,,.
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-----------------------. ----:--:--:-::-�� 6. One-half of tJbe membe 29-4
rs of the Local Ed11catio11 Board sl1all reti ev re ery tlue e_ years and inay offer t�1emselves for re-election provided tl1 at at tl1e first th 1neet1ng ? f e Local Education Board l1eld after the first elec tio tl 1 e 1nen1bers 11 de sl1all cide by lo t \Vl10 sl1all retire the tl1ird year, and tJ1e sixth ye re ar spectively. 7. Tl1e d11ties of the Local Edt1catio11 Board shall be as fo llows:
(i) to meet at least once every si x months and at such o; tl1er times as tl1e 1nen1bers in co1111nittee sl1all decide·' (ii) to familiarize tl1en1selves with local educatio11 in the prov ince wllich they represe11t a11cl to make recomme11datio11s a11d suggestio con ns _ ce.r11mg elementary and hig11er educatio11 to tl1e Minister of Education; (iii) ;to exa111ine the balance sheet to be sub1nitted to tJ1em an.nually by the Minister of Fina11ce or his authorized age11t under Article 8 of this Proclamation and to satisfy the1nselves that all Education Tax col lected in the Teklay Ghizat wl1ich tl1ey represent has been expended on elementary education in that Teklay Ghizat and to make any sugges tions or reccon1mendations concerning st1cl1 expenditure to tl1 e Mil1is ter of· Education.
CONSOLIDATION NOTE The Anlharic text says "Mi11istry of Education".
8.
(i) The Local Education Tax collected pt1rsuant to the Land Tax Procla mation of 1944 and the amendments thereto shall be expended only for the purposes of elementary education in the Teklay Ghizat from wbicl1 tl1e said tax was collected. (ii) The Minister of Finance or his aiutl1orized agent shall not earlier than t11e first day of Tabsas or later than the 30th day of Megabit (March) i11 each year submit to the Local Education Board a balance sheet showing the amou.nt of Local Education Tax collected in the Teklay Ghizat which they represent and the items of expenditure for elementary education in such Teklay Ghizat.
CONSOLIDATION NOTE Subarticle (b) of this Article in tl1e Aniliaric version starts, "The Mi11istry of Finance ... '' CROSS REFERENCE Land Tax Proclamatio11, 4/2 (1944) P. 70, 17 Consol. L. Etl1. 11.
9. From the coming into force of this Proclamation the Minister of _ Education shall with the approval of the Board cl� ssify every school and educational esta. blishment in Our Empire under the headings of: (i) Elementary Schools; or , e ies lud rsit all ll inc ive sl1a Un m ter ich wh s ool Sch n tio tica Ed (ii) Hi?her · t ram1ng cou·eges, Technical Schools, Seconc·lary Schools and all other educational establisl1 ments with the exception of El ementary sc.hoo1 s, an d Police and Military Tra:ining Schools. CONSOLIDATION NOTE .10n ". . . a t Ed f uc " u· s try o The AmJ1ar1c version says, t. he "M11
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CONSOLIDATED LAWS OF ETJ-IlOPlA
29-4,5 10.
(i) All expenses in connection with schools cl�ssified as ele� entary schools under Subsection (i) of Section 9 shall, with tl1 e exception of ele1ne11. tary schools situated in Addis Aba� a, b� bor� 1e by th , e Lo: al Educa tion Tax collected in the Teklay Ghizat 111 which they are situated. (ii) All expenses in connection with schools classed as Higher Education Schools ood.er 5'1.lbsection (ii) of Sectio1 1 9 sl1all be borne b)' the Central Treasury of Our Imperial Governn1ent.
Do11e at Addis Ababa this 30th day of November, 1947. 20 / 8 (1961) G. 284
.
CHARTER FOR HAILE SELLASSIE I UNIVERSITY
CONQ UERING LION OF THE TRIBE OF JUDAH HAILE SELLASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS, iit is Our desire to establisl1 a University in wl1icl1 Ot1r students a.nd students from other countries n1ay acquire all forms of l1 igl1 er educ,1tioo, in cludi11 g post graduate studies, of a standard equivalent to tl1at of other universities elsewl1ere in tl1e world; and WHEREAS, it seems fitting to Us that s.aid University should be incorporated by Ot1r In1perial Cl1arter; NOW, TI-IEREFORE, We of Ou[ special grace and certain kno,vledge and Our own n1 otion do by this Our Imperial Charter for Us and. Ot1rself a11d Our Ii11perial successors gra11t and ordain that said University s11all be 011 e body politic and corporate in na.n1e and deed by the nan1e of the HajJe Sellassie I University of Etl1iopia, and sl1all have perpetual existence with a comn1on seal whicl1 may be adopted, changed, or varied at the pleasure of tl1e 1-iaile Sellassie I University, and w.itl1 further powers and autl1orities but s11bject to tl1 e co11clitioos and declara tions in tl1is Our Irnperial Cl1arter contained. AND WE DO 11ereby accordingly grant, ordain, appoi11t and declare as fol lows: l. Short Title
This Charter may be cited as the ''Haile Sellassie I U11iversity CI1arter". 2. Interpretation In this Charter, t1nless the context otl1erwise requires : ''Academic Co1nmission'' n1eans the Academic Co111mission of eacl1 faculL y established under Art. 29 o'f tlus Charter; 1 rsit) Un.ive Board tl1e of means Governors of the Haile Sellassie I ''Board'' of Etl1io1)ia establisl1ed under Art. 4 of this Charter·, - 1010 -
EDUCATION, FINE ART S AND ANTIQUITIES WWW
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''Ce11tre '' ineans a. brai1cl1 of tl1e U11iversity 11ot on tl1e mai11 cam1)t1s in f\ddis Ababa;
''Committee'' n1eax1s the Advisory Com mittee on higher educatio11; ''Council'' 111eans tl1e Faculty Cot1ocil o f th e University; ''!acultr'' n1ea11s a departn1ent of tl1e University which provides COltrses of st11dy 1n wh1cl1 a degree n1ay be obtained; • ''fiscal )'ear'' mea11s the BU1iopian fiscal year; ''lligher education�' mea11s educati0n beyond the second ary school level, . and 1nclt1des post graduation teacl1er trairri.:1g and external U11iversit)' courses; ''President'' n1ea11s tl1e President oi tl1e University; ''staff'' incl11des teaclling and adininistrative staff; ''teacl1jng st �ff'' includes professor;, associates professors, assista11t pro fessors, lecturers, assistant lectt1rers, guest lectt1rers, research fellows and all otl1ers engaged in the work of teaching or giving instruotio11 in tl1e University; ''University'' means the Haile Sellassie I University of Ethiopia; ''Vice-President'' 1neans a Vice-Pres:dent of the University appoi 11 ted under tl1e provisions of Art. 23 of this Charter. CONSOLIDATIJN NOTE The Aml1aric versio11 reads: "Centre" means branches of the University located both and outside the 1nain campus in Addis Ababa.
011
3. Powers The University shall have the following duties a11d powers wl1ich sl1all be exercised by the Board established under Art. 4 of this Charter : (a) to co-ordinate, supervise and administer all units and agencies of higl1er education assigned to it; (b) to acquire, take, accept, and receive by grant, pt1rchase, lease, gif.t, bequest or otherwise, all property both movable and i1nrnovable, mo11ey, shares and securities as it deems advisable to possess, hold, t1se and enjoy· the same; (c) to sell, exchange, lease, n1ortgaee or otherwise deal with or dispose of all or any of its movable and jmmovable property ai1d any right, , title or interest it may have in, to or out of the same, and to make and execute all instruments and dccuments and do all acts, matters or things requisite or necessary 10 �arry the same into effect; (d) to invest all or any su.ms of money belonging to _it, or �eld by it in trust a.nd to lend all or any suns of money belonging to 1t or hel d by it in trust; (e) to erect and construct all s'llch ·Juilding� as _it may de� m � ecessa.ry or convenient for the purposes of the Un1vers1ty,. to ma1ntam an� keep jn proper order and condition, and to alter, ,repair, renovate and 1mpro- 1011 -
JA P IO H T E F O S W A L D E T A ID CDNSOL
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ve all University grounds and buildings, with tl1eir apurtenances; and to expend the money required f? T �y of . th?se pt1rposes and for the . Umvers1ty funlishing and equjpm bu1Jd111gs, ent of : (f) to borrow · all sums of money, within its b� dget� ry lirn! ts, requ.ired to m.eet the ordinary expenditures of. the Un1vers1ty until the revenues for the current fiscal year are available; (g) ,to contract or enter into any financial a�r �ngen1ents, with a11y. autho rities, public, private, governmental, mumc1pal, local or oth�rw1se that may be conducive to the attachment of tb.e purposes and obJects of tl1e University, or any of them, and to obtain fro1n any such autl1ority any rights, privileges and concessions which a.re desirable to be obtaine d and to carry out, exercise and comply with any such arrangements, rights privileges and concessions; (h) to do all such other things as are incidental or conducive to tl1e attain me11t of the purposes and objects and the exercise of the powers of the University. 4. The Board of Governors
There is l1ereby established a Board of Governors which sl1all consist of tl1e following members: (a) Ex-officio niember:
The President. (b) Nomir1ated n1embers:
Eigl1t (8) men1bers to be nominated by Us, tl1ree (3) of whom shall be representatives of the MiI1istries of Edt1cation, Agriculture and Pt1blic Health respectively. (c) Elected 111e1nbers: Where the graduate members of the U1liversity 1111mber two -hundred, (200) the graduates sl1all be entitled to elect a 111ember to tl1e Board. "'
CONSOLIDATION NOl E The Amh�ric version reads "Thr� e 1ne111bers fron1 tlie l\1inistries of Ecltication, Agricul . l IJe ap1Jo1n ture and Public I-Iealtl1 wil ted, a11d i11 addition fi,,e 111en 1bers ,viii be appointed
by Us."
5. No J:>Crmanent m�mb� r of the staff other tha11 the Presideil shall be eligi t ap ble for pointment, nommat1on or election as a meniber of the Board. 6. (a) The men1bers of the Bo�rd shall elect froiu ainoii 1ei r 1nerobe rs a gs _ tJ t Chairman who s.hall preside at all 1neetings o.f tl1e Board. (b) In 1tl1e abse�ce of the Cl1airman at any meetin g of the Board the roero � ers present shall. elect from amongst tl1eir 1ne111bers a 1ne111ber to pre side at such meetrng. - 1012 -
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EDUCATION, FINE ARTS AND A NTIQUITIES
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-�------------- -· -=-=:---� 7. In addition t
? the d:1ties and powers invested in it under Art. 3 the Board shall have tl1e following d11t1es and powers:
(a) to provide for th e regulations and conduct of its 111eetin gs; (b) t? est�blish an d detennine the general policy botJ1 academ ic and admi rustratton of the University; (c) to reco�nmend to Us t?e n me of a suitable person for appointment � as President of tl1e Un1verstty and to reco1runend tl1e terms and con ditions of his appointment_; (d) to ?PPr ?ve tl1e terms and conditions of appointment of the stafi of the Un1vers1ty; (e) to establish and maintain. st1cl1 ce11tres, departments and institutes as it may deem necessary; (f) to provide facilities for research work and where desirable to pt1blish tl1e results of sucl1 research; (g) to cause a coat of arms and crest for the use of the ·university to be prepared; (h) to reco1nmend for approval by the Chancellor ,the btrdget for each fiscal year prepared in accodance with Art. 22 of this Charter. The budget in its final form shall be submitted to tl1e Chancellor for approval not later than the first of Yekatit in the year preceding the fiscal year to which it applies; (i) to fix and determine the fees and charges to be paid to tl1e University; (j) to hear a.ppeals from person aggreived by any decision of any member of the staff, body or universi-ty organization in relation to a 11niversity matter; (k) to call for a state1nent regarding the financial state of affairs and accounts of the University at a.ny time; O) to consider disciplinary cases involving the expl1lsion of students; (m) to recommend after consultation with the Cou11cil the award of honorary degrees; (n) to approve the appropriate affiliation of any existing institu,tion asking for sillch affiliation; (o) to approve the making of appropriate_ academic �gr�ements witl1 other educational co-operations, either foreign or Eth1op1an; (p) to determine general policy in regard to salaries, wages and allowances;
e 1 int er icl the art wh s Ch thi th wi t ten sis on in t no s ng thi er oth (q) to do all � rests of the University req111re. ar ye ch ea d ar e Bo of th gs tin ee m ) (6 six an th ss Je t 8. (a) There shall be no . rm e te on y an in ) (2 o tw an th ss and not le
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CONSOLIDATED LAWS OF ETHIOPIA
(b) The Chairman of uhe Board shall fix the time of all meetings and may
call a meeting at any time l1e thinks necessary. (c) He shall call a meeting when so requested by not less than three mem bers of the Board.
(d) Notice of every meeting shall be given in writing to each member of the Board at least three (3) days before the date fixed for such meeting. 9. (a) Three-fifth of the total membership of the Board sl1all constitute a quorum at any meeting of the Board. (b) All decisions to be taken by the Board shall be decided by a simple majority vote of the members present. In ithe event of an equality of votes the Cl1airman shall have a casting vote in addition to ltis deli berative vote. (c) All decisio11s of the Board shall be recorded i11 a minute book by the Secretary of the Board and shall be signed by the Chairman and the Secretary. 10. No salary shall be paid to members of the Bo,trd but payn1ent of reaso11able expenses incurred by men1bers of the Board o·n t1niversity work may with tl1e approval of tl1e Board be paid. 11. (a) T1l1ere is l1ereby establisl1ed. an Advisory Con1mittee on Higher Edu cation wl1ich sl1all consist of such nu111ber of 1nembers appointed by Us as We shall think fit. (b) From amongst the men1bers We shall appoint a Chairman who shall be responsible for summoning meetings of the Committee. (c) The functions of tl1e CoID1nittee. shall be: (1) to advise Us and the President on all 1natters concen1ing higl1er education; (2) to do all things necessary to increase the prestige of tb.e University and the advancement of higl1er educatio11 in Etltiopia. 12. There is hereby establisl1ed a Faculty Co1111cil of tl1e University whicl1 shall be composed of: (a) (b) (c) (d) (e)
tl1e President; the Vice-Presidents the Deans of each faculty; the Dean of Students; the directors of depart111ents where such departme11t is not a part of a. faculty; (f) the directors of centres arid iI1stitt1tes where sucl1 ce11tres and institu tes are not a part of a faculty; (g) three (3) me;111bers of eacl1 fact1lty elected by tl1e ft1ll tin1e men1b ers of the teaching staff of eacl1 fact1lty at a 111eetino witl1 tl1e dean as chairman to be l1eld in the second week of the acade111ic year. -- 1014 -
EDUCATION, FINE AR1s AND ANTIQUITIES
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13. '!'he �reside �t shall act a� CI1air1:1an of the Cou11cil ex-officio and the _ _ e -Prest e t n 1.c ex-off1c10 as \iice-Cl1airman. Eacl1 year at the first ? acca�em1.c_ y meetrng of the Council a se cretary shall be elected. 14. (a) Tl1e Cotincil s .hall me et \Vitl1i11 tie first four (4) weeks of each acade111ic term a11d a.t sucl1 ti111e as th e Chainnan sh: all decide. (b) The CI1air1nan shall call a m�eting wl1en so requ ested by 11ot J ess than tlire e (3) me1nbers of tl1e Co11ncil. (c) Three-fiftl1s of the members of the Council sl1all co11stitt1te a quorw11. 15. S11bject to any general or special di:ection of the Board, the Cou11cil may: (a) provide for the regulation and cond11ct of its meetings; (b) establish and mai11tain, within b e established faculties, centres, depart n1e nts and institutes, such chai1s and courses of instruction as it n1ay deem necessary; (c) determine tl1e degrees, diplomas and certificates of profici e11cy to ·be grant ed by the University and the l)ersons to whom tl1ey shall be gra11t ed , and to grant such degrees, diplomas and ce rtificates; (d) recomme nd to the Board the establishment of fac11lt.ies, cent.res, depart ments and institutes and to determin e the courses of study, the regula tions and all matters relating thereto for such faculties, centres, de part ments and insti tute s; (e) make with the approval of the Board appropriate acaden1ic a.g1·e e me nts with other educational corporalions eithe r foreign or Etl1iopian; -(f) make with the approval of the Board appropriate affiliation of any e xisting institution asking for such affiliation; (g) determine the g eneral requirem�nts for ad1nissio11 of st11de11ts to the University; (h) determine the general methods and conditions for examinations and the gen eral standard for granting degre·es, diplomas and c ertificat es; (i) settle disciplinary problems in general or for particular cases, fine or suspend any stiudent for disciplinary reasons or reco-mmend to the Board his expulsion; (j) discuss and determine the internal ,policy of the University in ge� eral and ,hear any compla'.ints by any member of _ the staff, body or un1ver sity organization with respect to any acadeIDic matters. 16. (a) All decisions t o be taken by the Council shall be decided by a s�mple majority vote of the members prese�t. In the_ event_ ?f an equal1� of te m add1t1on to h1s del1bevo g tin cas a ve ha ll sha n ma air Ch the es vot rative vote. (b) AJI decisions of the Council sball b e rec�rded in a minut � book by n d na an d arn ne the Ch sig by be l l a. sl1 d an cil un Co the of y tar cre Se the the Secretary. - 1015 -
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T H E CH.ANCBDLOR
17. (a) Tihere shall be a Chancellor of the University appointed by Us where We do not assume the office of Chancellor. (b) There shall be a Vice-Chancellor appointed by Us who shall carry out the duties and functions of the Cha11cellor where for any reaso n the Chancellor is unable to carry out such duties and functions. 18. The Cha,ncellor shall preside over tl1e convocatio11 during which any degree, cliploma and certificate of any kind shall be given, and shall confer all degrees. 19. T11e Board shall settle the terms and conditions of employn1ent of the person approved by Us to be President. 20. (a) The President shall be the chief executive of the University. (b) All 1nembers of tl1e staff shall be subordinate to him and shall carry out his direction and instructions wl1et]1er given directly by him or tl1rough members of the staff to whom he l1as delegated responsibilirty. 21. The President, after consultation with the Council and with the approval of nhe Board, shall em,ploy and fix the terms and conditions of employment of all staff. 22. (a) The President, after cons11ltation with the Co11ncil shall prepare a draft annual b11dget for each fiscal year for submission to the Board, such draft budget shall be submitted to the Board not later rthan the 30th Ter in the year preceding the fiscal year to which it applies. (b) The President shall be responsible for t,he proper application of all bud.getary provisions. (c) The President shall submit annually to the Board a full report on the activities of the University. (d) The President shall cause the accounts of the U11iversity to be audite d annually by a fjr1n of auditors appointed by the Board. THE VICE-PRESIDENTS 23. (a) Tl1er � shall be two Vice-Presidents of ;the University ,1/ho sl1all be appointed by Us upon their nomination by the President and approval of the Board. Cb) One Vi�e-Presi �ent shall be responsible for acaden1ic affairs and the other V1ce-Pres1dents sl1all be respo11sible for btisii1ess and develop ment. 24. Where �ere is a vacancy in tl1e office of the Presideiit or the President ent resid unabl 1s c to e reason "\Tice-P out rry his any duties for and furictions tlie � _ _ l1 of ns affairs acaderruc for shall e t functio carry ns1ble atld out the duties resp? President. - 1016 -
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ACADEMIC· ORGANIZATION 25. The University shall ' be composect o.f faculties, centres, depa rtm an en d ts tes . institu FACULTIES 26. (a) '".Dhe Un�versity �l�all be divided into faculties with the responsibility of teacl11ng spec1f1ed subjects in which the students in the University may proceed to the taku1g of a degree. (b) �t least t\vo-thirds of the teaching staff i11 any faculty shall be full time n1embers of tl1e teaching staff. 27. A fact1lty shall be composed of: (a) A D_eari who . sh�ll be head of the faculty a.nd who sl1a]l be responsible for its orgaruzation; (b) Professors: the rank of Professor shall be gra11ted only to a fulltime member of the teaching staff who has more tl1an ten (10) years of distinguished academic experience or who has an establis]1ed reputation among scholars in his specialized subject. The Professor shall normally have a doctor's degree· or the appropriate equivalent. �r11e title of Pro fessor shall be granted by the Council with the approval of the Board. The rank of Professor shall be retained only during his service with the University; (c) Associate Professor: an Associate Professor shall be a fulltime mem ber of the teaching staff, shall normally have a dootor's degree or the appropriate equivalent and shall have not less tl1an seven (7) years of effective academic ex,perience or shall have established a reputation among scholars in his specialized subject. The title of Associate Pro fessor shall be granted by the Council; (d) Assistant Professors: an Assistant Professor shall be a fulltime mem ber of the teaching staff who has shown distinction in teaching by three (3) years of academic experience and who has at least a bachelor's degree in the specialized subject which he is teaching; ( e) Lecturers: A Lecturer shall be a full time member of the teaching staff and shall have the minimum qualifications of a bachelor's degree in the specialized subject which he is teaching; (f) Assistant Lectures: an Assistant Lecturer s�all be a f�l�im� member _ of the teaching staff and sh�ll. have t�e m1n1� t1m � ualifrca�rons of a bachelor's degree in the spec1al1zed s11bJect which he 1s teaching. 28. No person sliall be appointed to the teaching staff . of the_ 1:Jniv� rsity un �ess he is fully qualified in the subject he is engaged � o teach, 1s proficient 1n tea h1ng, � is capable of doing research work and is of the highest character and reputation.
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PIA IO H T E F O S W A L D E T A ID L CONSO
ch f n r ea io iss c fa nm o1 C ulty of ic m de ca A an � ed ish bl ta es · 29. There is hereby _ shall be composed of. the University. The Academic Com.mission ... (a) the Dean who shall be chairman; (b) five (5) members to be elected by the fulltime men1bers of the teach_ing staff of the faculty. 30. The Academic Commission may: (a) d.etermine the programme of studies for tl1e faculty and make any cl1ange in tl1e progra.mme but not so as to affect the general academic policy of the University; (b) lay down the annual and final examinations to be taken in the faculty; (c) recommend to the Cou.ncil th.e gra11t to successful st11dents of degrees, diplomas or certificates and the class they have been awarded in the examinations; (d) recommend students to the Council for pron1otion; (e) settle any academic problems whic11 concern the fac11lty. 31. (a) There shall be not less tl1an five (5) meetings of the Academic Commis sion in each term. (b) Meetings shall be held: (1) within two (2) weeks from the beginning of a term; (2) wit11in ten (10) days before the start of the a11n11a1 examinations for students proceeding to graduation. At this meetiI1g the list of can didates for the exan1ination and the examination papers shall be a.pproved; (3) to decide, after the annual examinations are completed, wl1ich stu dents have passed such examinations; (4) to settle, within seven (7) days before tl1e final exan1ina.tions, tl1e examination papers; (5) to d�cid�, when the examinatio11s l1ave been. con1pleted and tl1e exannnat1on papers corrected, what action shall be taken. (c) The Chairman may call a meetu1g of the Acade11iic Co111mission at any time he thinks fit and shall call a meeting when so req11ested by thre e members of the Academic Commission. (d) Not less than tl1ree-fifths of the members of the Academic Comnussio n shall form a quor11m at any·meeting. (e) All decisions to be taken by the Acadenuc Commission sl1all be decided by a �imple n1ajority vote of the members present. In tl1e event o!. an equ �l1ty �f vot�s tl1e Chairman sl1all I1ave a casting vote in add1t1on to his del1berat1ve · vote. - 1018 -
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(f) A !l decisions of the Acade1nic Con 1mission sl1all be recorcled in a. min� te book by _the Secretary of t11e A cademic Commissio11 and sl1all b e signed b y the Chairman and the Secr etary. 32. Where t wo-thirds or more of the members of the Board. are of opinion that . Cl1arter be amended, t11e Board 1nay petition Us to an1end this Charter. th1s Done at Addis Ababa tl1is 28tl1 day of February, 1961. 27 / 19 (1968) o. 52
CHARTER FOR TIIE UNIVERSITY OF ASMARA CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELLASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS, the University of Asmara was instituted by the Congregation ''Piae Matres Nigritiae'' on the 20th December 1958, and officially inaugurated by Us on the 26th January 1967; and WHEREAS, it is our desire to stimulate and encourage private initiative in the field of education to supplement the efforts and activities of Our Governn1ent; NOW, THEREFORE, We hereby grant and declare this Imperial Cl1arter as follows : 1. Short Title: This Charter may be cited as the ''University of Asm.ara CJ1arter''. 2. Definitions: In this Charter the use of the masculine pronoun shall refer to persons of both sexes and, unless the context otherwise requires: (1) ''Academic Authorities'' shall mean the Academic Authorities of the University listed 11nder Article 7 of this Charter; (2) ''Academic Conmussion'' shall �eaI!- the Aca�emic Commissi�n of each Faculty or College of the Un1vers1ty esta�l1shed under Article 1 5 of this Charter; (3) ''Board'' shall mean the Boar� of Governors of the University esta blished under Article 13 of this Charter; (4) ''Congregation'' shall mean the Congregation ''Piae Matres Nigritiae''; (5) ''Contributing Members'' shall mean private socie�es or ·individuals �o nating to the University the sum of not less than Fifty Thousand Ethiopian Dollars (Eth. $ 50,000) per annum; (6) ''Faculty Council'' shall mean . the Faculty . Council of the University of _ Asmara established under Article 15 of tl11s Charter, - 1019 -
; 1A F (Q©NSOLID:Ali\BID LAWS O'F 1E1'1HIO
----=-----, -------("fl) ''Fulltime Teaehin.g Staff'' shall consist ?f !Jh?se members of !he teach \'
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ing staff who are employed by the Un1vers1ty to the exclus10n. of all non-University employment; (8) ''Minister'' and ''Ministry'' shall mean tl1e Minister and Ministry of Education and Fine Arts, respectively; (9) ''President'' shall mean the President of the University of Asmara;
(10) ''Presid.ent's Council'' shall mean the President's CouncjJ of the Uni versity established under Article 16 of tliis Charter; (11) ''Staff'' shall include teaching and administrative staff; (12) ''Tea.ching Staff'' shall incl'ude professors, associate professors, assistant professors, lecturers, assistant lecturers, visiting professors, guest lectu rers, research fellows and all others engaged in the work of teaching or giving instruction in the University of Asmara; (13) ''University'' shall mean the University of Asmara in Ethiopia; (14) ''Vice-President'' shall mean a Vice-President of the University appoint ed under the provisions of Article 11 of this Charter. 3. Establishment: The University of Asmara is hereby establisl1ed as a body politic and cor porate in name and deed, to have perpetual existence with a common seal which n1ay be adopted, changed or varied at the pleasure of University of Asmara, to exer cise the powers and authority and to be subject to the conditions and declarations herein contained. 4. Purposes and Objects: (1) The University is established for the purposes of contributing to tl1e
development of education and of prepari.I1g youth to acquire academic degrees in the liberal, scientific, and administrative professions. (2) The University, although primarily for Ethiopian students, is open to students of both sexes of any nationality, independent of tl1eir religion, ethnic origin or creed, provided tl1ey possess tl1e required qualifications.
5. Duties and Powers: obliand as a legal pe ty Univers sonality rights The and as all as sucl1 } 1 � ! : _ . gations consistent with its nature, whicl1 rights and obljgations s11all be exercised t o witl1 gove g body, but j?inti competent !ts u and Ii1 severally. particular, y � r � _ of laws foregoing, th U1uvers1ty th releva11t to on shall be subject to all lnn1tat � � _ � Eth1op1a and this Charter, havmg the following duties and powers: (1) to confer academic certificates, diplo1nas and degrees, eamecl a11d J1ono rary; (2) to open such Faculties, Colleges, Schools a11ct Instittites considered ne cessary by the Board of Governors; - 1020 -
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(3) to determine tl1e ge11eral and pirtict1lar rules and regulations; (4) t ? acqtii �e, t,1ke, accept, and r:ceive by grant, transfer, purcl1ase, lease, . gift, devise, bequest or_ otherwise, any property whether incorporeal or corporeal, movable or 1mn1ovab[e, as it cleems ,tdvjsable; (5) to sell, excl1a�1ge, lease, mortgage or otl1erwise deal witl1 or dispose of all or any . of its property and any right, title or interest it may have in, to or out of tl1e same, and to 1nake and execute a.ll instruments and do cuments a?d do a.ll acts, 111atters or t]1ings requisite or 11ecessary to carry t.l1e same mto effect. ( 6) !o _invest . or �encl all or any sums of money belo11ging to it or held by 1t m a f1dt1c1ary capacity; (7) to borrow any and all sums o: money as may be necessary to meet tl1e ordi11ary a11d capital expenditures of the University; (8) to contract or enter into any ar:angement, or agreement wit11 any phy sical or legal person, or persons, including any aut]1ority, whether public or private, th.at may be conduc:ve to the achievement of the purposes and objects of the University; (9) to do any and a.II other acts that are incidental or conducive to the attainment of the purposes and objects and the exercise of the powers of the University. 6. Responsibilities of the Minister: The Minister, as tl1e official of Ou� Government generally responsible for tl1e conduct of educational activities throLighout Ethiopia, shall be empowered to oversee the activities and operations of the University, and, in particular, but without limitation, the power, autl1ority and responsibility to insure: (1) that national standards established by the Ministry with respect to the curriculum offered at tl1e Unive:sity are adhered to and satisfied; (2) that national standards established by· the Ministry for the granting of academic certificates, diplomas End degrees are adl1ered to and satisfied; (3) that the Teaching Staff of tl1e University meet and satisfy the standards and qualifications laid dow11 b5 the Ministry for University Staff; (4) that the standards for admissior of students followed by the Unjversity are in accordance with tl1e standards followed elsewl1 ere througl1out Ethiopia for such institutions; (5) that the fees and charges to �e paid to the University are within the _ national limits set by the Mm1ster. 7. Governing Bodies: The governing bodies of the University shall consist of the following individuals and collective organs: - 102] -
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(1) Individuals: (a) The Chancellor; (b) The Vice-Cl1ancellor; (c) Tl1e President; (d) The Vice-Presidents; (e) Tl1e Deans of the Faculties a. n d Colleges. (2) Collective organs: (a) (b) (c) (d)
The The The The
Board of Governors; Faculty Council; Academic Commissions; President's Cou.11cil.
8. Chancellor; Powers: (1) There shall be a Chancellor of the University appointed by Us where We do not assume tl1e office of Chancellor. (2) The Chancellor shall have tl1e following powers: (a) to preside over the convocation during which degrees, diplomas and certificates are given, and confer degrees; (b) to give his consent for the establishment and abolition of faculties, colleges, schools and institutes; (c) to give bis consent of the appointn1ent of the President of the Uni versity; and (d) to appoint two members to the Board of Governors. 9. Vice-Cl1ancellor; Duties and Respo:nsibiljties: (1) There shall be a Vice-Chancellor who sl1alJ be tl1e Superior General of the Congregation. (2) 1:he Vice-Chancellor shall have the followi.ng duties a.nd responsibili ties; (a) to appoint the President subject to the Ch,1ncellor's consent;
(b) to appoint the various deans; (c) to give approval for tl1e establishment or abolition of faculties, colleges, schools and institutes whose establisl1111ent or abolition shall be done with the prior consent of the Chancellor; s; cer offi ative (d) to give approval for the appointment of all adrninistr an d e t]J in ded (e) to give approval for all extraordinary expenses not inclu annual budget as recommended by the Board. - 1022 -
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10. Presid ent; Powers: (1) TJ1ere shall �e a Pre sident of tl1e University a1Jpointecl by the Vice Cl1ancel.lor w1tl� t]1e consent of the Cl1ancellor. The President 1nust have _legal and e ffective residence in Etl1iopia. sl1all be the cl1ief executive of tl1e ·university and as such (2) !h e President _ 1s :e sp �11s1ble for tl1e efficient a11cl appropriate functioni.ng of the Uruvers1ty. (3) All membe rs of tl1e University staff and students shall be subordinat e to the Presiclent and sl1all carry out his directions ancl instructions whe tl1e r giv en directly by 11.im or thro11gl1 members of l1is staff ·to whom h e has delegated authority. ( 4) I:1 additio11 to tl1e powers enumerated in paragrapl1 (3) above, the Pre sident sl1all have tl1e following powers: (a) to appoint the two Vice -Pre sidents with the consent of the Faculty Council; (b) to appoin.t all administrative officers with the approval of the Vice Cl1ancellor; (c) to norni11ate Deans for appointment by the Vjce-Chancellor; (5) The Vice -Pre sident, the administrative officers and t]1e deans shall l1old office at tl1e pleasure of tl1e President. 11. Vice -Presidents; R esponsibilities: (1) Tl1ere sl1all be two Vice-Pr esidents of the University appointed in ac cordance witl1 the provisions of paragraph (4) of Articl e 10 hereof. (2) One Vice-President shall be responsible for academic ,tffairs and the other shall be re sponsible for business and financial affairs and control of accounts. (3) Where ther e is a vacancy in tl1e office of th� President o� the Presi�ent _ for any reason is unable to carry out his duties and functions, the Vice Pre sident r esponsible for acaden1ic affairs shall carry 011t the d11ties ancl functions of the President. 12. Deans; Re sponsibilitie s: ege, who shall be l col or fa a 1!1ty of e ad as e an d a ? be � ll sha ere Th (1) e prov1s1ons of paragraph (2) (b) of th th wi e c an rd co ac n i ed int po ap Article 9 hereof. (2) Each of the Deans shall be responsible for the academ.ic and clisci� Ii nary matters concerning his fac11lty or college p11rsuant to the resp ective faculty or college r egulations. ers: ow P d an es ti 11 D s; or ern ov G rd . of 13 Boa g e mbe rs: in m ow ll e fo th of t is ns co l al sh s or ern (1) T h e Board of Gov r; o ll e n a h C 1 tl y b d te in o p p a � � (a) two m e mbers ee; m m o n is h r o n ti ca u d E f o � . . (b) tl 1e Minister , n o ti a g re g n o e C th y b d te m o p a (c) fi ve m e mbers to be - 1023 -
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I-llOPlA T E F O S W A L D E T A ID CONSOL
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(g)
; y it rs e iv 11 U e th f o t n e d si the Pre the two Vice-Presidents; a period of two for y Council lt u c a F 1e tl y b d te c le e r e one memb years; two of tlle contributing n1embers desi� nated by the_ Vice-Chancellor an d approved by the Cl1ancellor, servu1g for a peri od of two years.
(2) (a) the members of the Board shall elect fro1? a.mongst tl1eir members a chairman who shall preside at all meet ings of the Boa.rd. (b) In the absence of the Chairma11 at any mee�ing of tl1e Board the members present shall elect from amongst thei r members a member to preside at such meeting. (c) The Board sl1all meet in ordinary session three times a year. (d) The Chairman of the Board shall fix the time of all meetings and may call a meeting at any time he thinks necessary. (e) The Chairman shall call a meeting when so requested by not less than tlrree (3) members of the Board. (3) Tl1e Board is provided with the most ample powers for the realization of the aims of the University, and without liI1litation to the foregoing_, and subject to .all of the other provisio11s hereof, the Board shall have the following duties and powers: (a) to establish and determine the general policies both academic and administrative of the University; (b) to establish develoment plans for tl1e University; (c) to lay down the internal regulatio11s of the University, which shall be proposed by tl1e Faculty Council or the Academic Commission pertaining to their respective jurisdiction; (d) to institute or abolish d egree courses in alread y existing faculties, and to recommen.d to the Vice-Chancellor the establishment or abolition of faculties, colleges, schools and i11stitutes; (e) to institute or abolish on the proposal of the Academic Commission, d epartments and sections; (f) to approve the terms and conditions of appointments for each cate gory of staff, both academic and admi11istrative, of the University; (g) t? fix a_ n � determ�e the fees and cl1arges to be paid to the Univer sity within the national lin1its set by the Minister of Education; (h) o.n _the proposal of the President. every acad emic year to fix the ordmar_y and extraordinary budget aiid a [JpoiJlt a firm of auditors to �udit the acco�n !s of the University, sucl1 audits to be m �de available to the Miruster of Educatio11 no t later than the beginnmg of the fourth month of the followi11g fiscal year. Tl1e extraordin arY budget shall be approved by th e Vice-Cha11cello r; (i) to do �ll ?ther �hings no t inconsistent wi s law e th or th this Charter of Eth1op1a which the interests o f the Un iversity require. - 1024 -
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14. Faculty Cot1ncil; Duti es and Powers: (1) The Faculty Cou11cil sl1all. consist of the fo11 ow111 . g 111e1n bers; (a) The President; (b) The Vice-Presidents· (c) T he d eans of each fact1lty and colleg e ; (d) tl1e he ad s of scl1ools, and i11stitutes, where s11cl1 scho a11 in ols d stitu, tes ar e not part of a faculty; . bers of eacl1 faculty and college elected by their respective (e) two me m Academic Comrnissio11s·' (2) (a) Tl1e President sl1all act as Chairman of the Council and the Acade mic Vice-Presid ent as Vice-Chairman. (b) �l1e Council sh,111_ meet in ordinary session twice a year and at such tune as the Cl1a1.rman shall decide; (c) The Cl1airman shall call a meeting wl1en so re quested by not less tl1a11 three (3) members of th e Faculty Council. (3) Subj ect to any general policy directives from the Board, and to all of the oth er provisions l1ereof, the Faculty Councjl shall l1ave the follow ing duties and powers; (a) to examine and co-ordinate the cal endar of each faculty at1d to de termin.e tl1e general calendar of the University; (b) to approve the pla.ns of studies for acquiring the various certifica tes, diplomas and degrees and decide on the conferrin.g of earned and honorary degrees; (c) to take decisions regarding teaching and disciplinary matters; (d) to give its opinion regarding any matter that the Pr esident may s11bmit for its consideration; (e) to approve tl1e appointment of the Vice-Presidents, and on the pro posal of the President's Council, to approve all promotions in aca d emic rank within the University; (f) every two y ears to elect one member to the Board; and (g) to ex ercise any other powers conferr ed upon it by tl1e g eneral and special rules concerning the proper administration of the University.
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15. Academic Commissions; Duties and Powers:
(I) Ea ch faculty or college shall have an Academic Commission. (2) The Academic Commission shall consist of: ; an m l be air al sh Ch o wh ge lle Co or lty cu Fa e th of (a) th e De an tant professors, d sis an as rs, so es of pr te cia so s a. rs, sso e of pr e th all (b) _ e acl11:ng staff of the faculty or t · e th of rs be em m e im llt fu e ar wh o college. eets iI1 ordinary session four times m n io iss m om C ic m (3) (a) E ac h Acade · · a y ear. . at n .1o ss 1 1 m 1c c · d . om em ca e A tb of g tm ee m a (b) T he Chairman may call - 1025 -
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IOPIA I IT E F O S W A L D E T A ID L O S CON
g en etin wl1 me a l so cal ll sl1a reqtiest ed . ai1d fit ks thin . h e e 1n1 . . any .1 n. o s1 1s m . C om 1c n1 de ca A e th of rs be em by three m (4) Tile Acadetliic Commissions shall have the following duties and powers: (,t) to prepare the progr� m.me of studies which are necessary for obtain :
ing of certificates, d1plo1nas and de� rees ofiered by the Facu.lty or College, and the timetable for tl1e different courses; (b) to make suggestions relative to changes in teacl1ing n1ethods; (c) to decide on matters of academic and disciplinary character with respect to the faculty or college; (d) to recommend to the President's Council_ th� names of tl1e t�ach�rs who shall be appointed, promoted or d1sm1ssed by the University for tl1e faculty or college; (e) to decide on tl1e standard of stude' nts to be accepted from other uni versities or institutes; and (f) to give an opinion on any 1natter that the Dean shall submit for its consideration. L6. President's Council; Duties and Powers: (1) The President's Council shall consist of the following members:
(a) Tl1e President, wl10 shall be tl1e Chairman; (b) Tl1e Vice-Presidents; (c) The Deans; (d) Otl1er officers as the President shall appoint per111anently or tem porarily. (2) (a) Tl1e President's Council meets in ordinary session every two months. (b) The Chairrr1an may call a meeting at any time }1e tl1inks fit and shall call a meetjng when so req11ested by three (3) me1nbers of tl1e President's Council. (3) Tl1e_ �resid_ent's Cou·ncil in addition to assisting the President in the _ adm1n1strat1on of the Un.iversity, shall be responsible for the co-ordm a tion and execution of tl1e decisions of the Board, tlie Faculty Council and the Academic Commissions. In particular, witl1ot1t limitation to the foregoing, the President's Cou.ncil shall have tl1e following duties and powers: (a) to implement or delegate to other committees the decisions taken by the Board, the Faculty Council and the Academic Com missions; (b) to examine and _co-ordinate the proposals of the Faculty Council and of the Academic Commission to be presented for approval to the �oard a.nd to propose to the President the extraordinary convoca tion of the same; - 1026 -
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before its st1?mission to the Board for approval (c) to revie� tl1e budget _ a11 � be . 1espons1ble for tl1e ac.m111istratio11 of tl1e property of the Uruvers1ty; and (d) o � t �e proposa.I of tl1e Academic Commissio11s, to appoint, promote, d1sm1ss or accept tl1e resignaticn of tl1e various staff members.
17. Meetings a11d Voting Procedt1res of Collective Organs: Subject to _the following provisions and otl1er relative provisions of this Charter, tl1e collective organs of tl1e University shall provide for the regulation and conduct of their meetings: (I) Every discussion and decisio11 1nu;t be recorded i.n a minute book by a secretary elected by each collective organ and tl1e minutes shall be signed by the Chairman a11d the Secretary. (2) Aru1 ouncement of every meeting of tl1e collective organs shall be give11 in writing to each member at least tl1ree (3) days before the date fixed for s11cl1 meetings. (3) Half of the total membership of �ach collective organ plus one sl1all constitute the quorum at any meeting. (4) All decisions shall be taken by absolute majority of votes of tl1ose pre sent, and in the event of an equaliy of votes, tl1e Chairman sl1 all have a casting vote in addition to his deliberative vote.
18. Academic Orga nization and Languag�s: (1) (a) The University shall be divided into faculties and colleges, scl1ools, institutes, departments, and sections. (b) Tl1e faculties sl1all have the re�ponsibility of teaching specified sub� jects in which the student in the University may proceed to tl1e taking of a degree. (c) The colleges shall have the r�ponsibility of preparing stmdents in the University during the first two (2) years of studies in the Uni versity, prior to joining a faculty. (2) Several sections of the same branch of instruction or similar bran ches shall constitute a department; and several depa.rtments related to the same general field of instruction shall co11s titute a faculty. (3) A school or an institute shall be resonsible . f� r p_ reparing . center� in which a student can cond11ct resea�ch or specialize m a particular field of academic endeavour, such school or institute can either be attached to a faculty or 1nay be created independently. (4) (a) The official language of the t:niversity shall be Amharic. (b) The language of instruction of the University shall be principally Amharic and/ or English.
19. Academic Ranks and Teachin.g Staff:
. Besides a Dean, each faculty and coD.ege sl1 all have professors, a�soc1ate profess ors, assistant professors, lecturers and assista11t lecturers. The academic rank of such teaching staff shall be as follows:
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CoNSOLfDATED LAWS OF ETHIOPIA
(1) A professor n1ust ha,ve a do_ctor�s d�gr�e or its q�valent �rom a _r�co � gnized u11�versity or a ranking mstrtut:Ion, must give proof of original research or achieveme11t and must have at least ten (iO) years of distin guislied acadeniic experie11ce or au establisl1ed reputation among scho lars in his specialized subjects. (2) An associate professor must l1ave a doctor's degree or its equivalent, must J1ave shown interest in original researcl1 and must have at least seven (7) years of distinguisl1ed academic experience or an establisl1ed reputation amo11g scl1olars in l1is specialized s11bject. (3) An assistant professor must have a Master's Degree or a Bachelor's Degree with honours in the subject he is teaching and must have at least three (3) years of academic experiences. (4) A lecturer n1ust have a Bachelor's Degree in the subject be is teaching and at least one (1) year of academic experience. (5) An assistant lectu.rer must have a Bachelor's Degree in the subject he is teaching. 20. Disiplinary Action: Disciplinary actjons to be taken against staff and students of the University shall be exercised by tl1e President or l1is delegate, subject to any general policy directives issued by the Board. Any staff, subject to any disciplinary measures, or student subject to expulsion for disciplinary reasons, shall have tl1e rigl1t to appeal to the Boa,rd, whose decision sh.all be final. 21. Regulation: The Board may issue internal regulations for the better ca.rrying out of this Charter. 22. Amendments: Where two-tl1irds or more of the members of the Board are of the opinion th.at this Charter be amended, tl1e Board may petition Us to amend this Charter. 23. Entry into Force: This C.harter shall enter into force on the d,1te of its publication in the Negarit Gazeta. Done at Addis Ababa this 17th day of Jt1ly, 1968. 28 / 5 (1969) 0. 55 CHARTER OF THE ETIIIOPIAN NATIONAL C0l\1MISSION FOR THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION .
CONQUERING LION OF THE TRIBE OF JUDAH HAIL.E SELLASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA
the g brin to h it b en e s �ur consistent purposes and intentio11 WHEREAS, � _ for e peopl Our contr1but1ons m education, science and culture to world's valuable the enlightenment and enricl1ment of their lives, and in like purpose, systematicallY - 1028 -
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AND ANTIQUITIES
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to collect, preserve and dissemi11ate information concer·n·mg Eth· · , · 1op • • ia s educat1onaI. · an d c1 1c 1 It 11r tif· · sc1en aI act1v1t1es to the world; and . WHE�AS, We de�m it appropriate to create _ a Natio 11al Co1nmission for the 1 U 1ten d N �� ons Ed11c,1t1011al, Scientific and C11lt11ral Organizatio n (hereinafter " UN ESC 0 ) f: or t.hese p11rposes; NOW, 1:HER�FORE, on the advice of 011r CoL1ncil of Ministers, and in accordance w1tl1 Article 27 of Our Constitution, We l1ereby order as follows : I. TITLE
1. Short Title 1969''.
Tl1is Order n1ay be cited as the ''Nat o11al Con1mission. for UNESCO Order, II. CREATION
2. Crec1tion There is hereby created an autono1n)us bocly \Vhich shall depe11d fron1 the Ministry of Education and Fine Arts to be kI1own as tl1e National Con1mission for UNESCO (hereinafter the ''Commission''). III.
PURPOS ES AND FUNCTIONS
3. Pitrposes The p11rposes of the Commission shall be : (1) the promotion and enco11ragement of educ,ttional, scientific a.nd cultural activities witl1in Ethiopia i n close co-operation with UNESCO; and (2) the development and facilitating of educational, scie11tific and cultural exchange between the people of Ethiopia a11d the people of the world. 4. Functions (1) To realize its purposes and ob�ctives the Con1mission shall, acting through its appropriate organs: (a.) initiate s1udies in all areas oE competence and publish the results thereof; (b) co-ordinate and promote edtcational, scientific and cultillral acti vities within Etl1iopia that are linked wjtl1 UNESCO ; (c) co-operate with and advise Governmental and private agencies in the country concerning their dealings and relations with UN ESCO; (d) stu.dy ways and means of developing programmes with UNESCO to fulfill its own objectives and :ollow up the systematic execution of UNESCO programmes within Ethiopia; (e) ensure that UNESCO's techn.bal and financial assistance to Ethio pia a,nd any other assistance provided through UNESCO is duly obtained;
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CONSOLJDATED LAWS OF ETHIOPIA
(f) supply the UNESCO Secretariat, �he Nati? nal Com� issi? ns of mem ber countries and other related mternat1onal bodJes w1th required informatio11 and data; (g) inform the Etlriopian ,p·ublic. througl1_ ap_p!opriate media concem ing the Commission's educational, scientific and cult�ral activities related to UNESCO and that of other member countries and trans mit information on educational, scie11tific and cultural affairs to UNESCO and member countries; (11) ensure that Ethiopian delegation to UNESCO Conferences and other meetings in relailed areas are appropriately informed and advised; (i) participate i11 the implementation of UNESCO programmes in co operation with the UNESCO Secretariat; and (j) establish policies concerning the acceptance of gifts, bequests and subsidies from private sources. (2) To facilitate the carrying out of its fu11ctions, the Commission may
create subsidiary bodies or committees.
IV. ORGANS 5. Principc1l Organs
•
Tb.e Comm.ission sl1all have three major orga11s: (1) the Exec11tive Council; (2) the General Assembly; and (3) the Permanent Secretariat; V. EXECUTIVE COUNCIL 6. Composition (1) Th. e Executive Council shall be composed of seven (7) members as follows: (a) The Minister of Education and Fine Arts, or his pern1anent designe e, a.s an ex-officio member a.nd President; (b) one (1) representative of the Ministry of Educatjon and Fine Arts, as an ex-officio member; (c) one (1) representative of the Haile Selassie I University as an ex-officio member; the of rs membe elected member ex-officio from among the (d) one (1) General Assembly; (e) three (3) members elected from an1ong tl1e individual n1emb ers of tl1e General Assembly. (2) The elected members of the Executive Counci1 sl1all serve for two years and until their successors are elected. - 1030 -
EDUCATION, FINE ARTS AND ANTIQUITIES
29-7
7. Fu11ctions arzd Powers T�e Executive <:ouncil sl1all be the supreme organ of the Con1mission. As s�oh , tt shall deter111J_ne the policies and direct the operations, and ensure the carrying 011t of the funct1011s of the Con1mission.
8. Meeti1igs; Procedttre (1) The Executive Council shall meet at stated intervals fixed by it or, in case of urgency, u1po11 tl1e call of tl1e Cba.irma11 or the Secretar,, General. (2) The Executive Council sl1all adopt its own rules of procedures. VI. GENERAL ASSEMBLY
9. Composition The General Assembly shall consist of the following: (1) The Minister of Education and Fine Arts, or a senior official delegated by him, as President. (2) Eleven (11) ex-officio members listed below, who shall represent their own respective organizations in the General Assembly or shall delegate senior officials of their organizations to represent them at tl1 e meetings. Officials so designated shall be persons with deep civic, educational, scientific and culrural interests, a11d shall serve for two (2) years. The The The The The The The The The The One One
Minister of Agricultu1re Minister of Commerce an.d Industry Minister of Finance Minister of Foreign Affairs Minister of Information and Tourism Minister of Mines Minister of National Community Development and Social Affairs Minister of Planning and Development Minister of Public Health President of the Haile SeJa,ssie I University (1) representative of the Prime Minister's Office. (1) representative of the Ministry of Ed11cation and Fine Arts.
(3) Twelve (12) individual members,_ �ho_ shall be residents of Et1:iopia possessing adequate perso��l q�al1ficat1ons a.s _ well as deep educational, scientific, cultural and c1v1c mterests. Ind1v1dual members shall be appointed by the President of the General Ass�n:i biy and shall serve fol" _ two (2) years, individual members shall be eligible for reappointment. (4) At any time and from ti1ne 10 time the Pre_sident may increa.se the membership of the General Assembly; provided, however, that any
- 1031 -
Z9-7
CONSOLIDATED LAWS OF ETHJOPlA
such increase shall provide for the addition of the same number of ex-officio and inclividual me1:11bers.
10. Vice-President The General Assembly shall elect fron1 among the iI1dividual members of tl1e Commission a Vice-President to serve for a ter·n1 of two (2) years. The Vice President sl1all be eligible for re-election. 11. Furictions a11.d Duties
The General Asse1nbly shall l1a ve tl1e following functions and powe:rs: (1) It s.hall receive and approve the an11ual report Oi the Executive Council. (2) It sl1all receive and approve the draft annual bt1dget of the Commission. (3) It n1ay recommend to the Executive Co.uncil proposals for programmes to be -mnd.ertaken by tl1e Commission and other n1easures to enhance the work of the Commission. (4) It may recommend to the Executive Council the creation of su.bsidiary bodies and comn1ittees. 12. Meetings; Procedures
(1) The General Assen1bly shall 111eet at least twice eacl1 year and oftener on the request of tl1e 111ajority of its 1nembers or upon the call of the President. The First meeting shall be held within two (2) months of the effective date hereof. (2) The General Assembly s]1all adopt its own rules of procedure. VII. PERMANENT SECRETARIAT 13. Coniposition.; Responsibility (1) The Permanent Secretariat shall consist of t11e Secretary General a:nd
such staff as the fu,nctions of the Commission require. (2) The Perman.ent Secreta.riat shall report and be directly responsible to the Executive Council. 14. Secretary G(!neral (1) T ?e Secretary G �neral, w�o sl1all be a qualified and capable individual with long and wide educational, programmincr ru1d adn1inistrative expe rience an� with deep civic, educationai, scie;tific, and cultural interest and experience, shall be appointed by Us upon the recomme11dation of the President of the General Assembly. (2) The Secretary Ge.neral s.hall be the Cl1ief Administrative Officer of the Commission. (3) Th� Secreta� General shall act as Administrative Officer for the Exe cutive CotJ?ctl and �eneral Assembly. He sllall attend all meetings of the Executive Council and the General Assembly but shall not be enti tled to vote thereat. - 1032 -
EDUCATION, FINE Al�T S AND ANTIQUITIES
15. Staff
29-7
Tlle S_ta fc of the Pern1ane11t Secretariat sh all be selected a11d appointed in accord a11ce w1th th.e Central Perso11nel A!!"t1cy and PLi bt,·c s erv.ices Order, 1961 ... >· (Order No. 23 of 1961, as a1ne11ded). CROSS REFJ::�ENCE Ce 11 tral Perso 11 nel Agency �111d Public Service� Order, 21/3 (19 61) O. 23, 8 Con. L. Eth. 2.
16. Fi,nctions The pern1aneot Secretariat shall perform the follow.iI1g functions: (1) Prepare the a11nual progra1nn1e ,1nd bL1dget of the Comnlission and sub mit tl1e sa1ne to t11e Executive Cot1ncil. (2) Propose the agenda date, time and place of n1eetiugs of tl1e Executive Council and General Assembly and 11otify all members of the same. (3) Keep records of all n1eetings and proceeding o[ the Executive Cou.ncil and General Assembly. (4) Initiate studies and collect, analy�e and disse111i11ate educational, scien tific and c11l1tural i1Iformatio11, in accordctnce with UNESCO program mes and the overall policy directives of the Commission. (5) Prepare its ow11 rules of procedrue a11d internal reg11lations for submis sion to a.nd ap1Jroval by tl1e Executive Cotu1cil. (6) Follow-up and ensure the system1tic execution of UNESCO program mes in the cou11try a.nd keep reccrds of tl1e same. (7) Assist, co-ordinate and promote tl1e ftctivities of subsidiary bodies and co1ID11ittees of the Commission. (8) Maintain contact with and co-ordin�1te the work of the Office of tl1e · Ethiopian Permanent Delegate to UNESCO. (9) Maintain contact with National Commissions of member countries and with the UNESCO Secretariat. (10) Prepare tl1e annual report of th� Executive Council to the General Assembly. (1 I) Perform such other duties as n1ay be reqtiired by the Executive Council.
VIII. FINA�CE 17. Source The activities of the Co1nmission sl1all be financed out of the budget of �he Imperial Ethiopian Government; �rovided, ho'Yeve�, that to assist in me�ti;11g its financial requirements ithe Comm1ss1on ma; receive grfts, beq111.ests and subs1d1es from other sources. - 1033 -
29�7,8
CONSOLIDATED LAWS OF ETHIOPIA
18. Budget. (1) Th.e Secretary Ge11eral in co11sultatjon with the Executive Council shall prepare the d.raft annual budget and programme. (2) After being approved by the Executive Cou.ncil that portion of the budget to be met out of the budget of the Gov�rnment_ shall be presented to the Government for approval and appropnate action. IX. FINAL PROVISION 19. Effective Date This Cha.rter shall come i11to force Negarit G·azeta.
011
th.e date of its publication in the
Done at Addi.s Ababa this 31st day of January, 1969. 28 / 19 (1969) 0. 58 AN ORDER TO PROVIDE FOR TBF: ESTABLIS.HMENT OF CENTRE FOR MANAGEMENT TRAINING CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELLASSIB I ELECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS, the training, development and promotion of new and existing 1nanagers is essential for fostering and facilitating effective parti_cjpaition by Our people in the overall economic and social development of the Empire; an.d WHEREAS, said training, development and promotio11 shall be most effecti vely and rapidly assisted by ithe establishment of an independent public authority charged with the rendering and co-ordination of such services; NOW, THEREFORE, in accordance with Article 27 of Our Revised Consti tution and on the advice of Our Council of Ministers, We hereby Order as follows: I. Short Title 1969''.
This Order may be cited as the ''Centre for Managen1e11t Training Order,
I
2. Definitions In this Order unless the context otherwise requires : in and under shall mean the ''Board'' Executive (a) Board established accordance with Article 6 hereof; ager Man l anager'' sl1all Genera ''General mean (b) the office appointed ,lS � under and m accordance with Article 7 hereof; and in and r unde (c) ''Council'' sh�ll mean the National Council establi_sl1ed accordance with Article 8 hereof. - 1034 -
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EDUCATlON, FINE ARTS AND ANTIQUITIES
3. Establis/1111.ent
29-8
There i � hereby establisl1ed a Ce11tre for Managen1ent Traioi11g (hereinafter referred to as �l1e .''Centre'') as an at1tonomous agency of the 1:Uperial Ethiopian Govemn1e11t \V1th its Head quarters in Addis Ababa. 4. 0 b jectives The objectives of tl1e Ce11tre are to foster and facilitate, tl1rougl1 direct assistan �e and_ exten�ion services. increasingly effective participation of Our Na _ tionals � the 1nd �str1a1 and economic development of the E1npre, with particular _ emphasis on prov1dmg: (a) Practical _ training, consulti11g and advisory services for existing and prospective entrepreneurs in sn1all scale undertak ings; (b) Advisory services in management and enterpreneurship to institutions providing extension services and otl1er forms of assistance to entre preneurs; (c) Management training for managerial staff working in larger enterprises, both public and private, including public services a11d utilities. 5. Agreements In developing its services and in working towards t11e ft1lfillment of its ob jectives, the Centre may imple1nent any bilateral or multilateral agreements con cluded or that may be conclt1ded by the Imperial Ethiopian Government in connec tion with the Centre's activities. 6. Board (a) The activities of the Centre shall be under the ge11eral supervision of an Executive Board which shall be comprised of the following men1bers: (1) The Minister for National Community Development and Social Affairs, who sl1all serve as Chairman; (2) The Minister for Commerce, Industry ru1d Tourism; (3) The Minister for Agriculture; (4) Tl1e Minister for Education and Fine Arts; and (5) The General Manager of the Centre. (b) All powers of the Centre as enumerated herei11 below shall be vested in the Board, and the Board ma.y delegate the exercise of sucl1 po"Yer to the General Manager to the extent necessary to secure the effective administration thereof; (1) Subject to the Central Personnel Agency and Pu�lic S�rvice Order (Order No. 23 of 1961 as amended) and regulations issued tl1ereunder: (i) to recrt1it aI1d employ such personnel as may be req,uired for the proper functioning of the Centre;
- 1035 -
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CONSOLIDATED LAWS OP ETI-DOPlA
(ii) to terminate the employment of said perso11nel; (iii) to approve employme11t and dismissal of suom key personnel of the Centre; (2) to approve internal rules and regulatio11s; (3) to initiate and request through the proper ch.an11el external assistance from multilateral, bilateral or other sources; (4) to charge appropriate fees for services rendered by the Centre. (5) to approve a11nual progran1mes and budgets of the Centre. (6) in particular, without limiting the ge11erality of the foregoing and in accordance with the law: (i) to buy, own and otherwise dispose of movable and jm1nova.ble property; (ii) to borrow, lease or mortgage 111ovable or imn1ovable property; (iii) to enter into contracts with any parties; and (iv) ,t o sue and be sued. (c) T11e meetings of the Board shall be convened by the Cl1airn1an once. every three (3) months during each fiscal year and at sucl1 other times as the business of tl1e Centre may require. CROSS REFERENCE
Ce11tral Personnel A,ge11cy and Public Service Order, 21/3 (1961) 0. 23, 8 Con. L. Eth. 2.
7. Ge11eral Manager There shall be a General Manager of the Centre wl10 shall be appointed by Vh.e Board on recommendation of the Minister for National Con 1mu.nity Develop ment & Social Affairs and shall serve as chief executive officer of the Centre. He shall be responsible for the prope·r operation, adininistra.tioo and direction of t11e activities of the Centre u.nder the general supervision of tl1e Board. He sh.all exer cjse such powers of the Board as may be delegated to hi 1n and may, in trurn delegate part of his functions, duties and authority to other key personnel of the Centre to the extent necessary to secure the effective administration thereof.
8. National Council (a) There shall be a National Council of the Centre com1Jrisii 1g of tl1e fol lowing members : (1) The Minjster for National Community Development and Social
Affairs;
(2) (3) (4) (5) (6)
The The The The The
Minister for Minister for Minister for President of President of
Commerce, Industry and Tourism; Agriculture; Education and Fine Arts; the Haile Sellassie I Universi�y; the Chamber of Commerce; - 1036 -
I
f
EDUCATION, FINE ARTS AND ANTIQUITIES
(7) The Presiclent of the Federalio11 of Etnployment of Ethiopia; (8) The Presicle11t of the Confederation of Etl1iopia11 Labour U11jo11 s; (b) Th � Council s.hall n1eet under the Chairma11shio of tbe :Mirnster for • National Com1n11nity Developme1 1t and Social Affairs; (c) The Ge11eral Manager of tl1e Ce1tre sl1 all. serve as the Executive Secre tary of the Co11ncil; (d) The Cou11 cil shall be responsible for evolvi11 g a 11 d determi11 ing tl1e over all policy of the Centre. 9. Reverzues The revent1es of the Centre s]1all be derived fron1 : (a) Contributio11 s fron1 tl1e Governrne11t; (b) Contribt1tions, donations and subscriptio11s m,1de to tJ1e Centre; by private, public, and other multilateral, and/or bilateral sources; (c) Fees received in payment for services provided by tl1e Centre; and (d) Any otl1er monies received by :.he Centre. 10. Non-Tra11seference The fund.s accun111lated uncler Article 9 of this Order shall be deposited in the National Bank or a Bank desig11ated by tl1e National Baok to the Credit of the Centre and sl1all be witl1draw11 by the Centre for st1cl1 pt1rposes as may be decided by tl1e Board from time , to time. 11. An11i1al Plc1ns and Reports (a) The General Manager shall prepare and submit to the Board a plan of the ensuing year's activities of the Centre. (b) At the end of each fiscal year the General Manager shall prepare and submit to the Board an annual report of the Centre's activities. 12. This Order shall enter into force on the date of its publication in the Negc1rit Gazeta. Done a t Addis Ababa, this 17th day of Jttne, 1969. 28 / 18 (1969)
o.
57
AN ORDER TO PROVIDE FOR THE ESTABLISHMENT OF A NATIONAL COMMISS[ON FOR EDUCATION CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELLA.SSIE I ELECT OF GOD, EMPEP._OR OF ETHIOPIA WHERE.AS, Ethjopia is a cotmtry with an ,1ncient civilization and a long established educational system; uce d dern e id. rod !o mo int has dec i,1 op Eth era t sen pre the g rin du S, EA : WHER . of rds nda se tl1e sta rai and e t11r its cul ich enr to er ord in y log nc hno scie e and tec living of its people; - 1037 -
CONSOLIDATED LAWS OF ETI-flOPIA
29-9
ily e ad ov ste pr iin ich wh as it pas set s a. t 1eu 1a1 r11 pe a is o11 WHE.RBAS, edticati ses on to successive generatio11s, and is an ideal 111eans of e11rich:ing social life and cementing the u.nity of the Nation, w·bi]e at the same time ensu.ring econo·mic and •
social developn1ent; and
WHBR.EAS, We deem it necessary to establish a..National Co1nmission for Education to study Ethiopia's educational needs and submit its views thereupon; NOW, THEREFORE, in accordance with Article 27 of Our Revised Consti tution and on tbe a.dvice of Our Council of Ministers, We hereby order as follows: 1. Short Title This Order 1nay be cited as tl1e ''National Commission for Education Order, 1969''.
2. Establishnient There is hereby established a National Commission for Education (here inafter referred to as the ''Commission'') to carry out. the functions specified herein. The Commission shall be directly responsible to Our Prime Minister. 3. Functions The Com1nission sl1all carry out the following fu11ctions : (a) to study and recommend tl1e aims and o·bjectives to which Ethiopian education should be oriented by combi11iJ1g what is best from the old heritage and from tl1e new tre11ds of thot1ght with a view of enrich.ing the Nations both materially and spiritually; •
(b) to study and propose ways and. mea11s of n1aking av,iilable to all the
people, in accordance with the needs and tl1e capacity of the Nation, a uniform and comparable educational opportunity, from the points of view of both qua1 lity and quantity; (c) to study and propose ways and mea11s of adopting ,lnd assjn1ilating the objectives of elementary, secondary and higl1er education to tl1e need s of the country and obtaining the expected results therefrom; and - 1038 -
•
EDUCATION, FINE ARTS AND ANTIQUITIES
29-9
(d) to study and propose ways a 11d J].eans of co-orcli 11ati1 1g acaden1ic, tecl1 11ical a11d vocational as well as work-oriented ad 11lt ed t1cation; of inte grating the same into the social structure; and of educating the public _ of tl1e importance and benefits of eacl1 of tl1ese forms of edt1cation ancl trai11ing with a view of accelerating National development. 4. Mc1n11.er of Execi1ti1,e Ft,nctio11s
Tl1e Commission sl1all carry ot 1t its functions in accorda 11ce wit11 provisions of the followi11g paragrapl1s: (a) In ft1rtl1erance of its functions, tle Commission 1nay, where necessary, request either orally or i 1 1 writing any person or organization about any matter related to education. (b) Where special reports requiring expertise are called for, the Commis sion sl1all, from time to ti1ne, give directives and cause stt1dies to be carried out. (c) The Commission may excl1ange ideas with and, \vhere necessary, seek the assistance of, various educat:onal organizations. (d) At least once every year, tl1e Ccmmission shall submit to Our Prime Minister a report on its activities. (e) The Commission may establish its own rules of procedure. 5. Ad,ninistration (a) The Commission shall consist of not more tl1an twenty-one (21) mem bers appointed by Us. The Chairman and the Deputy Chairman of the Commission sl1all be appointed by Us from among the members. (b) The Commission sl1all have a s�cretariat with adequate staff, to be directed by a Secretary General.
6. Budget The Commission shall have an annuaJ budget allocated by the Government.
7. Effective Dc,te T.hjs Order s]iall enter into force Negarit Gazeta.
01
the date of its pt1blication in tlJe
Done at Addis Ababa this 7th day of June, 1969. - 1039 -
30-1
Section 30
PUBLIC HEALTH 6 /2 (1946) G. 76 *
CHARTER OF THE CENTRAL MEDICAL STORES CORPORATION WHEREAS, it is Our desire to establish. a11d to provide for the operation of the Govemme11t Corporation to be known as the Cen�ral Medical St?res Corpo ration Ltd., with full and all manner of powers to acq111re, hold and dispose of all stocks and supplies of medical, surgical and pl1 arn1,1ceutical supplies, drugs and equipment in Ethiopia and elsewhere; and WHEREAS, it has seemed fitting to Us that tl1e said Ce11tral Medical Stores Corporation Ltd., should be i11corporated by Our Imperial Cl1arter; NOW, THEREFORE, WE, of Our especial grace, certain knowledge and 111ere 111otio11 , do by tl1is Our In1perial Charter for Us and Ot1rselves and Our In1pBrial Successors grant and ordain that tl1 e said. Medical Stores Corporation shall be on:e body politic a 11d corporate in name and deed by tl1 e 11 a1ne of tl1e CENTERAL MEDICAL STORES CORPORATION LTD., and sl1all l1ave perpetual succession witl1 a common seal which may be by tl1e Board of Directors of the said Corpora tion cl1 a11ged or varied at their •JJleasure a11 d witl1 the f11rtl1er powers and authorities but subject to the conditio11s and declarations in tl1 is Our I111perial Charter co1 1tained: AND WE DO l1ereby accordingly grant, ordai11 , appoint and declare as fol lows, that is to say. 1. The name of the Corporatio11 is CENTRAL MEDICAL STORES COR PORATION hereinafter designated as the Corporation. 2. Tl1e Principal office and place of b11siness of the Corporation are to be located at Addis Ababa, Etl1iopia, Central Medic,11 Stores B11ild.ing, Patriots Road. The Corporatio11 shall ren1 ain at all times of Ethiopia11 nationaljty. 3. Tl1e natur� of the b11siI1 ess and tl1e objects a11d purposes to be transa cted, promoted and carried on by the Corporatio11 are as follows: nt act �gen as To for t and i nme ?�h alf of tl1e Gov I1 er 1 1per ial EtJ1 jopi an � . 1n a� matters_ relating to tl1e acq� 1s1t1on, possessio11, a11ct ctisiJosal of any a11? �11 medical, surgical and. pharmace1�t1cal supplies, drugs a 11ct equipn1 e11t in Etl1 1op1 a a11d �lse be�e; to ac9u. 1 re, 1101�, dispose of by sale or otl1 erwise, ,to borrow, to le ase a_nd other�1se to gain possess�on of a?-y a11d all n1 ectical, stirgical a11ct pl1arn1a ce� t1c al supplies, drugs a11d equ1p1nent 111 Etl1 iotJia aiid elsewhere; to acqt1ire, grun A111d.
,:, INTRODUCTORY FOOTNOTE
!
20/6 (1960) G. 280; in1pl. an1d. Co111111 • C. 19/Ex. 3 (1960).
- 1040 -
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PUBLIC HEALTI-I
30-l
possession_ o � and di �pose �f by sale or otl1erwise of aJl:)' a11d all real estate property, fixtures �a11g1ble ?r 1ntang1b �e, or otl1er properties appropriate for tl1e carrying 011 to e11ter into all 11ecessary co11tracts i11 Etl1io1Jia of tl1e aiore111ent1oned f ��ct1ons; _ abroad for the acqu1s1t1011, sale a11d disposal of 111edical, surgical and pharma and _ _ drt1gs and eqttipn1e11t; to acquire, l1old a11d dispose or avail of, ceutical supplies, buy a �1d sell, l1an?le 011 co111m.ission or otl1erwise deal witl1 property tangible or intangible appropr1,1te to the exercise of the afore111e11tio11ed ft111ctions; to tl1e extent ?Y 1noney, now or l1e �eafter pen11itted lend to aw, creclit or property, to guarantee l _ _ or asst1n1e interests 10 or obl1gat1011s of and to aid in a11y otl1er 111anner corporations, joint sto�k c ?�pa1iies,. t7.�sts, fir111s, associatio11s, pt1blic organizations or persons engaged in s11n1lar act1v1t1es; to do all things desig·ned to protect or enhance the value of any obligations or interest ow11ed by the Corporation or in which it may l1ave any be11eficial interest; to borrow money, credit or property; to n1ake con tracts; to inc•t1r negotiable or non-11egotiable obligat_ions and to secure the san1e, if deemed advisable, by mortgage or pledge or tl1rougl1 lien upon any part of its assets or frai1chises whetl1er tl1en owned or thereafter acqt1ired; to act for a11d to parti cipate witl1 others i11 any si1nilar enterprise in any ma11ner and on any terms and generally to exercise any and all rights and functions proper to tl1e accomplisl1 1nent of the foregoing. 4. Tl1e Corporation may condt1ct business and have offices it1 the Empire of Ethiopia and abroad and is hereby invested with all manner of power and autl10rity to accomplish and execute all of the aforen1 entioned objects, purposes a11d functions i11cluding the power and autl1ority to act as agent for and in bel1alf o[ the Imperial Ethiopia11 Government jo the acquisition, possession, and disposal of any and all medical, surgical and pharrnaceutical supplies, drugs and equipment in Ethiopia. and elsewl1ere. 5. The total number of sl1ares of stock which tl1e Corporation shall have authority to issue is 10,000 (ten tl1ousand) shares of 100 (011e hundred) Ethiopian dollars eacl1 or the equivalent thereof. Said shares of stock 1na:)1 be .issued against legal tender for which payn1ent shall be made at par or ,1gainst the delivery of and assignment over in full title and property of capital, goocls, stocks, equip1nent, lands, etc., of the Imperial Etl1iopian Government against and authorized inventory provided by tl1e Board of Directors of the Corporation and certified by the Minister of Public Health of tl1e Imperial Ethiopian Government. For the total value of the capital goods thus contributed to the Corporation there sl1all be i� sued shares ? f stock equal in number to the total value of such go� ds and properttes expressed rn Ethiopian dollars and divided by one hundred. Said shares shall be transferab!e only by and upon registration of the names of tra�sferors and the transferees 1n the appropriate books and records of the Corporation. The minimum amount of capital with which tl1e Corporation will commence business is 100,000 (one hundred tl1ous�d)_ Ethiopian dollars. Said_ min!mum sh�ll _ be certified by tl1e National Bank of Eth1op1a as �av1ng been deposited rn a spec1al account in said Ba·nk. in favour of the Corporation. CONSOLIDATION NOTE · a were divided between iopi of Eth k Ban e Stat · tl1e by 1ed ot·n per·f ei·ly n1 or f Tl1e f t1nct1ons . . . P. 206, ) 63 0 /2 (19 22 1a by 1op the National Bank of Ethiopia ancl the Con11nercial Bank of Eth 15 Consol. L. Et/1. 4.
- "1041 -
JA P IO I-J T E F O S W A . L D E T A ID CONSOL
6. Th.e Corporation is to have perpetual � xistence..I_ t _may, h9wever, be aay time dissolved according rt:o law by unanimous decision of the Board at . of Directors. and after approval of Our Minister of Public Health. CONSOLIDATION NOTE
Am.d. 20/6 (1960) G. 280 Art. 2.
7. The property of the stockholders shall not be subject to the payment of corporate debts to any extent whatsoever beyond the shares of stock held by them. 8. The following additional provisio11s a.re inserted for the management of tl1e business and for the co1 1duct of the affairs of the corporation and creating, defining, limiting and regulating the powers of the Corporation, the directors and the stockholders: (i) The Board of Directors may vote remunerations to said directors for their functions as directors and officers of the Corporation. (ii) The Board of Directors shall draw up the by-laws of ilie Corpora tion. The Corporation shall have a corporate seal which shall be affixed to every document sent in original to any of .:ice of the Impe rial Ethiopian Government and to all documents engaging the liabi lity of the Corporation beyond the sum of 1,000 (one thousand) Ethi opian Dollars. .
(iii) The Directors shall set aside 50 (fifty) percent of all net profits of tl1e Corporation in order to establish and maintain reserves until such time as such reserves shall attain a su.m 'equal to one-fifth of the ca pital of the Corporation. Subject to the foregoing, the Board of Directors may freely determine and allocate dividends for distribu tion to ithe shareholders of all outstanding shares of stock. The incor porators shall receive no remu11eration for their services in that capacity. (iv) The quorum for all meetings of the Board of Directors sh.all be one half of tl1e members thereof and all decisions shall be by majority vote. I n case of tie, tl1e vote of tl1e president shall be decisi.ve. (v) The va�ue of the net assets of the Corporation sl1all be estin1ated and determrned by tl1e Board of Directors fro111 tin1e to time wl1ene ver any necessity therefore exists, which estimate and determination shall be con�lus�ve and binding on all perso11s i 11terested. I t1 1naking such determ1nat1�11s no allowance shall be 1nade .for good-will and the Bo�rd of Directors shall value assets at c11rrent n1,1rket value s where �vailable? a1;1� _shall estimate a.nd adjust the liabilities (including con trngent l1ab1lit1e� ) and prepaid ex..penses in accord,tnce with proper _ accountrng practice for a going concern. 111 connectio with any fea n tu.re of s•uch dete:mination the Board of Directors m ay accept and act upo� the advice of any public accountan (inclu g a fir n1_ o r t di n corporation) approved by the Board of Directors. Such Public ac countant may, but need not, be the ll A n. ra tio auditor of the corpo - 1042 �
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per ?�ns sl1all be f11lly IJrotectec i11 and t1nder 110 liability or respon sab1l!t Y ?r wl1atsoever for acce;,ting as conclusive proof of such de ter1lllnat1on the certifica te of the preside11t or of tl1e treast1rer or of tl1e secretary of the corporation, and in acting t hereo11. . (vi) The Corporation rnay enter into one or more contracts for tl1e 1na nagen1en t ancl supervision of all or any part of its business by any . otl1er cor1)oratton or a11y joint stock company, trt1st, firm, association. (vii) Except as otl1erwise provided l11 this certificate of incorporation or by tl1e by-laws of ilie Corpo!fation, as from time to time amended, the bu�iness of tl1e corporation shall be managed by its Board of Directors wh1cl1 sl1all l1ave a11d may exercise all the powers of tl1e Corporation. Tl1e B oard of Directors of tl:e Corporatio11 is hereby specifically _ at1tl1or1zed and en1powered from time to time in its discretion: (a) to ma.ke and alter by-laws of tl1e Corporation, except as sucl1 power may be limited by any one or more by-laws of the Corpo ration made by tl1e stockholders; (b) to determine for any purpo;e and in any manner not inconsistent with o ther provisions of this certificate of incorporation tl1e amou11t of tl1e gross assets, of tl1e liabilities, of the net assets or of the net profits of the Ccrporation a11d to set out apart of any funds of the Cor:poratio11 available for working capital; (c) to cause t he corpora tion to pay any expenses, including stoc.k transfer taxes, incident to the creation or continuance of any vot ing trust which a majority of tl1e whole Board of Directors of the Corporat ion shall de:ermine to be of benefit to tl1e Corpo ration or any expenses incjdent to tl1e dissolution of a11y voting trus t ; (d) to de term.ine the extent, if a.ny, to whicl1 t he time and place at which, and. the conditions 11nder whicl1, a11y s tockholder of the Corporation may examine books and records of the Corporation, o ther than the original or dt1plicate stock ledger and any other books now or hereafter required by sta t ute to be kept open for inspection of stockholders of the Corpora tion. No s tockholder may examine any books or records of the Corpora tion unless either a right to make such examination shall be expressly con ferred by s tatute or permission ;to n1ake such examination shall have been given by resolution of the Board of Directors or vote of the stockholders of the Corporation. (viii) The Corporation may enter mto cont�acts _an� ot�erwise tra�sact business as vendor, ,purchaser or otherwise with its directors, officers and stock]1olders and with coq:orations, joint stock companies, trusts, firms and associa tions in whic1 tl1ey are or may be or become inte rested as directors, officers, sbareholders, members, trustees, benefi ciaries or otherwise as freely a� though such adverse int� rest does _ not exist even t hough the vote, acti::>n or presence of such director, officer - 1043 -
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n e e th a at or lig rp ob Co u ti o n y ar ss t ce ne be ? po or stockholder may ct or ra t nt ac co ns tra cl1 �u no d ion shall an 11; tio ac i1s tra or t ao such contr r lde ho ck sto or r ice shall be held off , tor ec dir ch su no d an be avoided liable to account to the Corporation, by reason of such adverse interest nor by reason of any fiduciar� relati_o�ship ol such clirector, officer or stockholder to the corporation ans111g out of such office or stock ownership; provided (in the case. of direct_ors and offjc ers but not in the case of any stockholder who rs not a director or ofiice r of the Corporation) the nature of tile in!erest of such director or officer be known by or disclosed to the directors. Ownership or be11eficial interest in a. minority of the stock or secu rities of anotl1er corporation, joint stock co·mpany, trust, firm or as sociation shall not be deemed to constitute a.n interest adverse to this Corporation. (ix) The terms and conditions upon· which a sale or exchange of all the property and assets, including the good will and corporate franchises of the Corporation, is voted may include payment therefore in whole or in part in prope.rty consisting of sl1ares, notes, bonds or other cer tificates of interest in or indebtedness of any corporation, joint stock company, trust, firm or association. (x) A.ny vote or votes authorizing liquidation of the Corporatio.n or pro ceedi11gs for its dissolution 111ay provide, subject to the rigl1ts of cre ditors and preferred stockholders, for the distribution pro rata among the stockl1olders of tl1e Corporation of the assets of Corporation, wholly or i11 part in kind, whether such assets be in casl1 or other property, ai1d may authorize the Board of Directors of the Corpora tion to determine for tl1e purpose of sucl1 liq'liidation and ma.y autho rize the Board of Directors to divide such assets or any part thereof among the stockholders of the Corporation, in such manner that every stockholder shall receive a proportionate arnou11t in v,:1lue (determi �ed. as �foresaid)_ of cash or property of the Corporation upon such l1qu�dat1on ?r dissolution even though each stockl1older may not receive a strictly proportionate part of each such asset. CONSOLIDATION NOTE The Amharic versio11 of Subarticle (vi) begins wit]1 tlie JJlirase "A fter receiving the " payme11 t ...
9. The me111ora �dum and articles of association and all operation and func. o Cod shall all at Corporation tin1es e f i i the Con,merc.ial conform witl of the ons t 1960. f111JJ!. c1111d.
CONSOLIDAT ION NOTE
Comm. C. 19/Ex. 3 (1960).
Done at Addis Ababa tl1is 31st day of October, 1946_ - 1044 -
PUBLIC HEALTI-1
2/2 (1942) P. 26 * A PROCLAMATION TO REGULATE MATTERS CONCERNING PUBLIC HEALTH CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELASSIE I ELECT OF GOD, EMPEROR OF .ETHIOPIA WHEREAS �E �onsider it 11ecessary for the protection of the health of Our people and tl1e sarutat1on of the cities of Our Empire� ON TH E ADVICE of Our Minister of Interior WE PROCLAIM AS FOLLOWS: 1. Tl1is Proclamation may be cited as ithe Public Health Proclamation 1942. 2. [Repd. 6/ 12 (1947) P. 91 Art. 17, 30 Consol. L. Eth. 3-17.] 3. [Repd. 6/ 12 (1947) P. 91 Art. 17, 30 Co11sol. L. Eth. 3-17.] 4. No building shall be erected in the towns where a Medical officer of Health is appointed without the consent in writing of tl1e Medical Officer of Health and the Director of the Municipality. NOTE OF DECISION I i1c/icial review of niuriicipal orders to cle1nolish bi,ilcli11gs coristri1ctecl without prior
co11sent.
Where an Inspector-General of the Municipality orclered the Arada vVoreda office to demolish a l1ouse, which had been constn1cted withot1t obtaining prior consent as required by Art. 4, tl1e order for demolition was declared illegal and set aside. Tl1e l-Iigl1 Court (Addis Ababa) held that tl1e proper interpretation of Art. 5 of P. 26 is that the Director of a Muni cipality may order the owner of a building, \Vhich 11as been erected in contravention of Art. 4, to demolish it. A practice whereby an Officer of the Municipality orders a district at1thority to demolish any building, without notifying the owner, was l1eld to be contrary to provisions of Art. 5 and therefore void. Where the Ia,v empowers tl1e Director of the Municipality to order the demolition of a building, this power can be validly exercised only by the Director and may not be delegated to anyone else. Orders of the Municipality are subject to the control of the Courts. w·here the legislature intends to give powers to public officers, ,vhich cannot be challenged in the Courts, this intention has to be abundantly clear. In defat1It of any specific provision to this effect, powers exercised by a Public Officer are subject to the control of the Courts. Ayalew Meles v. Municipality of Addis Ababa (High Ct., Addis Ababa, 1958), ]. Eth. L., vol. 3, p. 38.
5. If any building is ereoted in contravention of Article 4 of this Proclama tion, the Director of the Municipality may make an order of demolition. No com pensation shall be payable in the case of any such order being made. * INTRODUCTORY FOOTNOTE An1 d. 6/12 (1947) P. 91. (The English version of the Public Health Proclan1ation, 6/12 (1947) P. 91 Art. 17 says that the Public Health Proclamation, 2/2 (1942) P. 26 is repealed but the Amharic version excepts Arts. 4-5 thereof from the repeal.)
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NOTE OF DECISION Judicial review of Mitnicipal orders to de111olis!i biiilding constri1cted 1,vitlioi.tt prio r consent. Wl1ere an Inspector-Ge11eral of the Munici1 Jality ordered the Arada Woreda office to demolis.h a l1ouse, which had been constructed witl1out obtaining prior consent, as required by Art. 4, th.e order for den1olition was declared illegal a11d set aside. The High Court (Addis Ababa) held that the proper interpretation of Art. 5 of P. 26 is, tl1at tl1e Director of a Muni cipality may order the owner of a building, which has been erected in contravention of A.r t. 4 to demolish it. A practice whereby a.n Officer of tl1e Municipality orders a district authority to demolish any building without notifying the owner, was held to be co11trary to provisions of Art. 5 and therefore void. Where tl1e law empowers the Director of the Mu11iciJJality to order the demolition of a building, this power can be validly exercised only by the Director and 111ay not be delegated to anyone else. '
Orders of th.e Mu.nicipality are subject to the co11trol of the Courts wl1ere tl1e legislature intends to give powers to Public Officers, ,vhich cannot be cl1allenged in the Courts, this intentio.n has to be abundantly clear. In defattlt of any specific provision to tl1is effect, powers exercised by a Public Officer are subject to the control of tl1e CoLtrts. Ayalew Meles v. Mt1nicipality of Addis Ababa (High Ct., Addis Ababa, 1958), /. Etli. L., voJ. 3, 38.
6. [ReJ_Xl. 6/12 (1947) P. 91 Art. 17, 30 Consol. L. Eth. 3-17.] Done at Addis Ababa this 31st day of October 1942. 6/12 (1947) P. 91 * A PROCLAMATION REGULATING MAITERS CONCERNING l'HE PU.BLIC HEALTH IN :ETHIOPIA CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA In accordance with Article 34 of Our ConstitL1tion We approve the resolutions of Our Senate and the Chamber of Deputies and We accordi11gly proclai111 as follows: CONSOLIDATION NOTE The Constitution referred to here is the Constitt1tion of 1931. Tllis c011stitutio 11 \\,as repea led and replaced by the Revised Constitution of 1955, 15/2 (1955) P. 149, 1 Consol. L. Eth. 1. Tl1e Article of the Revised Constitution parallel to the cited Article of tli e 1931 Constitution is Article 88.
I. This Proclamation ma.y be cited as the ''PLiblic Health Procla :1tion, 1947". in:
----------
•.
* INTRODUCTORY. FOO rrNOr f E Amd. 9/5 (1950) P. 11 1, lQ/12 (1951) P. 119; iinJJl. an 1 cf. 7;7 (1948) O · 4, l). en C · t6/Ex .. l (1957), 25/9B (1966) 0. 43.
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PART I Interpretation of Ter1ns 2. Except as may be oLherwise expressly stated, 111 tl1is Proclamation: (i) ''public l1ealth" 111ea11s the maintenance and furtherance of the general even _ tenor of hea1t11 in the Empire of Ethiopia, ru1d includes the Pu blic Health Services; (ii) ''Pt1bl �c I-Iealth Services'' mea11s tl1e comprehe11sive services v,1hich are organ1zed to prevent, protect and control the occurrence of diseases which may impair t11e pu.blic health and includes sarutation and medical services; (iii) ''sanitation'' includes the surveillance of food stuffs a.nd beverages, buildings and factories, and of the methods employed for the water. wells, drainage, garbage and sewerage systems; (iv) ''Medical Services'' means all the technical services wl1ich include the preventive, diagnostic and ct1rative services as well as medical educa tion, research and professional discipline; (v) ''improvement of national diets'' rrieans: (a) the study of the relationship between malnutrition and impaired bodily vigour; and in particul�r, investigation of the role of ina dequate food consumption in the causes of, and n1ortality from, all those diseases whioh constitute the most serious health problem; (b) the study of healtl1 and well-being and of the nutritional and related factors which are necessary to sect1re and n1aintain them; (c) considerartion of the most effective means of disseminating know ledge of correct feeding among a.II sections of the population; (vi) '''the Minister'' means Our Minister of Public Health. CONSOLIDATION NOTE lmpl. an1cl. 7 /7 (1948) 0. 4, 3 Consol. L. Et/1.. 1. (The Minister which originally meant the Minister of Interior, was impliedly a.mended to read Minister of Public Health.)
PART II Central Ad11iinistration 3 • • The Minister shall be responsible for the care and promotion of Public Health in the Empire of Ethiopia. 4. (i) Fo r the purposes of rtlris Proclam�tion �he Minister shall esta?lish a consultative and advisory body which will express the expert v1ew on matters specified in Article 5 of t� is Pr�clamatio1;1 and on _ �Y �eneral · aspect of the Public Health Services, either on rts own rrut1at1ve, or when it is specifically consulted.
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(ii) Such body shall be known as the General Advisory Bo�rd of Health (hereinafter referred to as ''the Board''), and s�� ll consist ot not less than eleven persons to be appointed by the Mtn1ster by notice in the Negarit Gazeta. (iii) The Board shall have discretion to co-opt as many experts as may be necessary for the conduot of its business. (iv) The Minister shall issu.e special standing orders regulating the proce dure of the meehtings of the Board. 5. The Minister, in ad.dition to his regular and general consultations with the Board, shall refer to the Board the following matters for expert recommendation: (i) public health policy a.nd special measures aga.inst e111ergencies; (ii) (iij) (iv) (v) (vi)
public health legislation; en.gagement of professional and specialis•t staff; budgetary estimates; staff training and medical and sanitary education; a11d professional discipline.
6. The Moister shall carry out his d1uties under this Proclamation through an executive body whicl1 shall be known as tl1e ''Ministry of Public Health''. The Minister shall issue, from time to time, special standing orders, in consultation with the Board, and with the approval of the Ministers Council, defining the organization, powers and duties of the individual 11nits of the Ministry of Public Health. CONSOLIDATION NOTE Imp/. an1d. 7/7 (1948) 0. 4, 3 Consol. L. Eth. 1, (creating tl1e Ministry of Public Health which discharges the fu.nctions of the former ''Department of Health").
7. The duties of the Ministry of Public Health shall include: (i) the study of the state of the public healt:Jh and of the sanitary concli tion throughout Our En1pire and 1.he devisiJ1g of measures for the promotion of healthy standards of living; (ii) the general administration, supervisio11 and control of Public HealtJ1 units and the maintenance in them. of professional discipline; (iii) the transmission as soon as practicable, to the Minister and the Board of infor1nation on all •matters whioh affect the public l1ealtl1; (iv) the taking in �n emergency of all such meastires as may be a.dequate for the protection of the public health; (v) th� supervision a.nd �ontrol of the enforcement of public I1ealtl1 legis lation, unless otherwise expressly stated; (vi) th� regis�ation, according to the law, of medical practitioners, dentists, pl1armacist• s and druggists; (vii) �� supervision an d control of t�e activities of philaJlthr ic instit� op tions or any other bo�y or private individ,ual enga i11 public , ge d health work, and autl1or1zed by the Minister ac cording to the Jaw: - 1048 -
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(viii) :the �ollection and compil ation of such statistical data as n1ay be required by the Board o r by the International Health Organizatio ns . and tlle maintenance of corre spo11dence witl1 sucl1 organizations; (ix) the transmj �sion to the professio nal staff of ii 1fo rmation 011 all advan ces o n medical and all ied sciences; o 11 of 111edical a11d sanitary educatio11 and the issuing (x) the org�i:3izati : of q11al1f1cat1011 certificates·'
(xi) th� preparation of a yearly repo �t and the submission thereof to the M1n1ster .and to tl1e Board, in acGordance with standing orders wl1ich shall be issued by tl 1e Minister on the advice of the Board. CONSOLI.DATION NOTE Jn1pl. a1·11cl. 7 /7 (1948) 0. 4, 3 Consol. L. Eth. 1, (creating tl1 e Minist1:y of Public Healtl1 \Vhich clischarges tl1e ft1nctions of the former "Department of Healtl1 "), 25/9B (1966) 0. 43 Art. 66, 7 Co,1s0/. L. Et/1. 3-66 (transferring all government health stations and health centers ,vithin any A,vraja to the local administration i11 such Awraja).
PART III Provi11cic1l and Local Ad,ninistration
8. Each Go verno r Ge11eral s]1all be respo1sible to the Minister for the public health in his Prov·ince. Each Go vernor Genertl shall be assisted by a, Pr ovincial Health Officer and a Provincial Adviso ry Health Council. 9. The duties of a Go vernor General under this Proclamation shall include: (i) without prejudice to 1he duties of the Ministry of Public Health, the
enforcement of Pubic Health legi�l ation;
(ii) the implementing of all direc tions and instructions relating to public health, whether of a ge neral or energenc y nature; (iii) the undertaking of all exec utive measures for the safeguarding of the
publ ic health;
(iv) the annual preparation, in c ollabo:ation with Provincia l Hea lth Offi cer, of proposals and draft budgetary estimates; and (v) the supervision and
co 11trol
of the expenditure of funds.
CONSOLIDATION NOTE Imp/. antd. 7 /7 (1948) O. 4, J Corzsol. .l. EtI1. 1, (creating the Ministry of Public Health \vhich discharges the functions of the former Departn1ent of Health).
10. The duties of the Provincial Hec1l-th _ Officer shall include withi11 the Pro vince where h e is posted: (i) the study of the state of the publlc •healtl1 and the advising of mea sures;
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(ii) the transmission to the Governor Gen.era} and the .Mi� istry of Public , the public Health of information relating to all matters arfectmg health; (iii) the advising, in an emergency, of such measu.res as may be necessary for the protection of the public health; (iv) the supervision of the enforcement of Public Health. legislation; (v) the direction and control of· the technical r_es_po11sibilities,. in accor dance with instruction received from tl1e Mm1stry of Public Health, of Government and non-Government Pu,blic Health units and of pro fessional staff; (vi) the administration and co11trol, under the direction of the Governor General, of the fund.s allocated •to the Province for Public Health Ser vices; and (vii) the preparation and submission to the Ministry of Public Health of all such statistics, reports and returns as may be required. CONSOLIDATION NOTE ll'nJJ/. amd. 7 /7 (1948) 0. 4, 3 Corisol. L. Eth. 1, (creating the Ministry of Public Health whicl1 discharges the functions of tl1e for1ner Department of Health.)
11.
(i) Each· Governor Gen.era! shall convene a Provincial Advisory Health Council (hereinafter referred to as ''the Council''); of which the follow ing sl1all be members : The Provincial Health Officer; The Director of the Province; The Kantiba or Town Officer of tihe Provincial Headquarters; An engineer if possible experienced in sanitation; and A health officer to be appointed as hereinafter provided. (ii) The duties of the Council will be the same as those of the Board unless otherwise directed by the Minister. The manner in wl1ich business will be transacted shall be regulated by the Minister in separate standing orders for each of the individual provinces. (iii) Th, e Secretary to tl1e Council shall be appointed by the Governor General.
12.
(i) The M11nicipal Public Health Services shall be organized in such towns
as the Minister shall decide on tl1e recomn1endation of the Governor General of the Province in which the town or towns is or are situated .
(ii) When the M.unicipal Public Health Services are administered by the Kantiba or Town Officer, tl1e Governor· Ge11eral shall 011 the advice of the Provincial Health Officer, ap.point a Health Offi�er for the pt1r· pose of co-ordinating and admirustering sucl1 services. (iii) Unless Municipal Public Health Services are placed under the Kantiba or Town - Officer, for administration, the Provincial Health Officer shall be responsible for their administration. - 1050 -
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PU.BLIC HEALTI-I
13. Tl1e duties of_ the antib� ?r Town Officer shal in l clude, without !< po an w er d d1 th s 1t 1es of t,l1e M1111 stry of Publc Heac ltl1 an to e d ·the Governor (i) tbe enforcement of Pt1blic Healtl1 le gislation; (ii) tl1e inlplementing of all directio11s a11d instructions relati11g health, wbetl1er of a ge11eral or emergency character;
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. pre ·udice J raI: G ene to public
(iii) the. adopto11 and _carryi11g out of �111 111easures wl1ich, in the opinion of the Healt11 Officer, are necessary for the safeguarding of the public l1ealtb; and
(iv) the . general co-operatio11 witl1 tl1e Municipal Co1nmittee on social services for tl1e promotion and prolectio11 of the public health.
CONSOLJDATION NOTE Jr11pl. an1cl. 7/7 (1948) 0. 4, 3 Co11sol. J., , Eth. 1, (creating 1l1e 1\ilinistry of Pt1blic 1-Iealth ,vhich discharges tl1e functions of tl1e for111er "Departn1ent of I-Iealtl1").
14. It shall be tl1e duty of the l{ealth Officer within t_he tow11 area: (i) to keep himself inforn1ed on tl1e state of t.qe public health and to advise the adoption of n1easures for the strict observance of Public Hea)th legislation; (ii) to keep the Provincial Health Officer infor111ed of all developments concerning the public l1ealth; . . (iii) to advise the Kantiba or Tow11 Of[icet -of any meas11res as n1ay be necessary for the protection of the p11blic health i11 cases of emer gency; (iv) to control and direct the teohnical respo11sibilities, under the Provin cial Health Officer, of Mu11icipal Healtl1 Services and of the personnel thereof; (v) to administer and control, under tl�e �antiba or Town Officer, tl1e funds allocated to Municipal Public Healt11 Services.
PART IV General and Transitor)1 Prov;sions 15.
(i) The Minister, assisted by the Board, may make such rules_ and -prescribe suc l1 fees, as he ma y think fit for all or any of the f9llowmg purposes: W,hereas on the· basis of tl1e Municipalities' Proclamation, 1945 (Pro clan1atio11 No. 74 of 1945) the Mi11�stry of .Public Health shall no t col lect the fees entitled to the Municip�ity,_ but shall _give s11ggestion_s to the Municipality for th e following purposes: (a) the organization and administration of Public Health Service and · their units; ; es as on of se ssi di re pp s11 d a11 11 tio ica tif no n, tio en ev pr e (b) th e (c) the control of epiden1ic and endemic diseas �; (d) sanitation and housing; - 1051
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(e) the prevention and destruction of disease vector animals and insects; (f) cemeteries and burial services; •
(g) the control an.d regulation of prostitutes and brothels;
(h) the adoption of emergency measures; (i) th.e control, regulation and administration of special institutions,
governmental or private, including hospitals, clinics, settlements, . sanatoria, asylums, homes and other institutions which further and safeguard the .public health;
(j) (1) We authorize our Minister of Public Health to prescribe pe nalties by Legal Notice for persons contravening sanitation rules. (2) The police and sanitation officers are charged with the execu tion of sanitation rules made by the Ministry of Public Health, by Legal Notice. under this Proclamation. (k) to seize, prevent tJhe sale, eating or drinking of any food or drink
offered for sale or otherwise, when it appears dangerous to public health; and if necessa.ry cause them to be thrown out. burned or destroyed otherwise.
(ii) Any person who contravenes the provision of any rule made under
this Proclamation is guilty of an offence and shall, on conviction, be liable to ,punishment in accorda.nce with the provisions of the Penal Code.
CONSOLIDATION NOTE Amd. 9/5 (1950) P. 111, 10/12 (1951) P. 119, impl. a1nd. Pe11. C. 16/Ex. 1 (1957) Arts. 508, 785, 792 (which provides for penalties for infringement of preventive and protective public health measures, for violating rules concerning ce11tral of tJublic l1ealth and regtdation of burials). CROSS REFERENCE Municipality Proclamatio11, 4/7 (1945) P. 74, 7 Co11sol. L. Elli .
J.
16. Any authority or body, public or private, shall, 011 matters affecting publi c health, comply with this Proclamation and with any rules thereunder. that d, provide Procla Health m tion, Public 1942 is The repealed; hereby 17. , � all rules made thereunder shall continue to be in. force ur1 Iess rescinded by a rule or rules made under this Proclamation. CONSOLIDATION NOTE The Englisl1 versio11 of this Article say that tlie Pttblic Healtli Proclaiiiation, 2/2 ( t 942) P. 26 is repealed, bu t the Amharic version excepts Arts. 4-5 th ereof from tlie repeaJ.
Done at Addis Abab• a this 27th da y of August, 19 47. - 1052 -
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2/ 11 (1943) L. 25 *
RULES ISSUED PURSUANT TO THE PUBLIC HEALTH PROCLAMATION, 1942 These Rt1_Ies are issued by �he Mi11ister of Interior purst1a11t to ,1utl1ority vested _ . 111 h11n by Article 3 of tl1e Pt1bl1c Health Proclamation.- 1942 (Pr · · 26 , oclamation No of 1942 ). 1. Tl1ese Rules m,ty be cited as ''the Public .Healtl1 Rules, 1943''. 2. A_ ine?ical officer of · healtlt or any person authorized by hin1 may enter any premises 1n the performance of his duty.
Wells 3. A medical officer of health may ·require any well to be closed if, in his opinion, such well is or is about to become dangerous to public health. 4. Any p·ublic authority required by a medical officer of health to close a well shall comply with such req.uirement.
Seizure of Foodstuffs 5. A medical officer of health 1nay require the seizure of any foodstt1fis wluoh, in his opinion, would be dangerous to public health if constimed. 6. Any public authority required by the medical officer of healtl1 to seize foodstuffs shall comply with such requirement and shall destroy such foodstuff.
Disinfestation and Vaccinc,tion 7. A. medical officer of health may order the disinfestation or disinfection of any premises or any article whicl1 in his opinion, is liab1e to harbour or spread disease. 8. A medical officer of health may order any person whom he considers to be suffering from or to have been in contact with, any infectious disease, to receive medical treatment and to have his body disinfested and to be isolated. 9. A medical officer of health may order any person to be vaccinated against smallpox, typhoid, paratyphoid and typhus. IO. Any person who fails to comply with the order of a medic�tl officer of health under Pules 7, 8 and 9 hereof is guilty of an offence. *
INTRODUCTORY FOOTNOTE
. Art 47) 2 P. 17. 1 d. (19 6/1 . rep Art 3, 26 P. � 42) (19 2/2 , tion ma cla Pro h Public Healt The repealing Article explicitly provided that rules made under the repealed Art1.cle shot1ld remain in force. t_io_n, but this was obviously ma cla Pro th of 2 le tie Ar to � ed err ref y all gin ori e ble Th Pream . a misprint, since it is Article 3 of P: 26 w �1ch autl1or1zes t�e M1n1ster to n1ake rules. b) d me rly for Jth me per l1ea for lic ub t ard reg th wi s 011 ct1 fun ?p _ c Health. Under 7 /7 (1948) o. 4, the bl1 Pt1 of r ste ini M w the Minister of Interior were transferred to the ne
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CONSOLIDATED
LAWS
OF ETI-IIOPJA
Disposal o f Refuse
11. The occupier of all builclings �id _p remises shall cause dotuestic refuse to be placed in a receptacle especially 111a1nta1ned for that purpose. 12. No occupier of any building or premises shall tl1row, depo�it, burn or _ ca11se to be thrown, deposited or burned 1n or upon any street or public place any dirt, refuse, garbage or other noxious matters. 13. The mu, nicipality may require the occupier of any building or premises to n1ake sucl1 arrangements as he may consider 11ecessary for tl1e removal oc night soil. 14. Tl1e occupier of any building or pren1ises shall notify the municipality of the deatl1 of a]J horses, mules, donkeys, cattle, sheep, goats, dogs or pigs in such building or premises or in the grounds thereto within twenty-four hours of such death. 15. No person shall throw or deposit, or permit or cause to be thrown or deposited, any corpse or carca.se upon any street or public place, or into any drain, lake, river or water-course. 16. Ru.Jes 11 to 15 inclt1sive l1ereof shall on.Iy apply in mt1nicipalities. Done at Addis Ababa this 31st, day of July, 1943. 2/11 (1943) L. 26*
RULES ISSUED PURSUANT TO THE PUBLIC IIEALTH PROCLAMAT.ION, 1942 Tl1ese Rules are issued by the Minister of Interior pursuant to authority vested in him by Article 3 (k) of the Public Health Proclamation, 1942 (Proclamation No. 26 of 1942). (i) These Rules may be cited as tl1e ''Rabies (Coi1trol) Rules, 1943". (ii) These Rules shall apply to the town oc Addis Ababa. 2. For t1he purpose of these Rules, ''dog'' u1cludes bitcl1 a11d puppy. 3 : Any dog wit?out a mark of �dentificatioo or any dog with a 111ark of ide11. . but appearing to be suffenng fro111 rabies fo'L1nd in a public place n1ay t1f1cat1on be seized a.nd destroyed �y .any police officer or any otl1er perso11 autl1orized i11 that behalf by the Comm1ss1oner of Police. Done at Addis Ababa this 31st, day of :r t1 ly, 1943. 1.
* INTRODUCTORY FOO"fNOTE i on, 2 (2 _(1942) P. 26 Art. 3 (k), repd. 6/12 (1947) P. 91 Art. 17. m.a� 1.Procl t1blic_Healt � � � expl1c1tly e p1ov1cled tl1at rules 111 ade Utl cler the repealecl Article sl1ould Articl g alin Tl1e -� ep� re m a111 111 force. Unde: !/1 (1948) O_. �, th � functio11s with regard to publi c llealtll fortilerly 1Jerfor n1ed _ _of I11t�r101 were_ tran sferred to tl1e new Minister of Public I-Iealth . M1rnste1 the by Tl1e A111l1ar1c version of this Legal Notice lack.s Su bartic] e (ii) of Article t.
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7 I l (1947) L. 104 * RULES
ISSUED PURSUANT TO THE PUBLIC HEALTH PROCLAMATION, 1947
.
:I1ese Rtil�s are isstted by the Minister of Interior pursuant to authority vested
1n him by Article 3 (b) of tl1e Pt1'blic Hea]tl1 Proclamation, 1942 (Proclamation No. 26 of 1942).
CROSS REFERENCE
Public I-Iealtl1 Procla1natio11, 2/2 (1942) P. 26 Art. 3 (b), re1Jc/. 6/12 (1947) P. 91,Art. 17. Tl1e repea]i11g Article explicitly J)rovided that rules made under the repealed Article should re1nain in force. Under 7/7 (1948) 0. 4, tl1e functions with .r!gard to public health formerly performed by the Mi11ister of I11terior were transferrecl to tl1e new Minister of Public I-Iealth.
PART [
Genera; I. These Rule s may be cited as the ''Quarantine Rule s, 1947''. 2. In tl1ese Rules , unless the context o1h erwis e requires: ''authorized customs stations at Garnbela, and such to time, declare by newspaper to be an
place of entry'' for tl1e purposes of these rules s l1all n1ean the Addis Ababa, Addi Gr1t, Bati, Aisl1 ,1, Carramerra, Moya.le, other places a s rtl1e Mini,ter of Public Health may, from time simple notice published in the Negarit Gc1Zeta or in a local ''authorized. place of entzy'';
''infe cted area'' means any area out,ide Ethiopi�1 which the Mini s ter of, Public Health may, by simple notice, publ sh in a local newspaper, declare to be an ''infected are a''; ''observation'' means the isolation of persons wl1ether on board a vehicle or in a sanitary station or in premises under the direct control of the quarantine autl1ority; ''quarantine authority'' means the Miristry of Public H ealth of tl1e Imperial Ethiopian Government and shall include any me dical or sanitary public health of ficer appointed by the said Minis try for the p.irposes of these Rules; ''surveillance'' means that persons are not isolated, but they are required, in the several place s whe ther they are found, to report in person to the nearest dis trict n1edical officer of the Ministry of Pu.blic Health as directed by the qua rantine authority in order that their state of health m.ay be ascertaiI1ed; * INTRODUCTORY POOTNOTE Imp/. amd. 7/7 (1948) O. 4, Pen. C. 16/Ex. 1 (1957) Art. 508.
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M!OPJA T E F O S W A L ED T A ID L O S N CO
''valid healtll certificate'' shall mea11 a certificate issued in tl1e name of agai11st cl10Iera the person. to the effeot that such person has been vaccinated · within tl1e period of the previous six montl1s excludi11g t,lle l,lst six days of the date of the certificate; ''vehicle'' shall mean and include aircraft of every description, railways and all other means of transportation. CONSOLIDATION NOTE Imp/. an1d. 7/7 (1948) O. 4, J Consol. L. Eth. 1. (The tern1 "Vice Mi.11ister of Public Health" and "Public Health Departn1e1Jt" which were originally used in tl1is Proclan1at1on were implie dly amended to read "Minjster of Public Health" a11d "Minis□·)' of Public Health" respectively).
PART II Quarantine of Perso1is 3. No person or vebjc}e shall enter Ethiopia by any other route but by an authorized place of entry. 4. Until the measures under these Rules have been properly put into effect, and a n.otice for that purpose is issued in a loc,11 newspaper by the Minister of Public Healoh no perso·n or vehicle coming from an infected area shall be allowed to enter Ethiopia. CONSOLIDATION NOTE l111p/. c1111d. 1 /7 (1948) 0. 4, 3 Consol. L. Etli. 1. (The tern1 "Vice Mi11ister of Public Health" originally used in this Article was in1p]jedly amended to reacl M i11ister of Pt1blic Health).
5. (1) The person in charge of a. vehicle sha]I on arrival at the authorized place of entry : (a) prevent all communication of p�issengers fron1 t11e vehicle witl1 those outside or any discharge of cargo, until tl1 e vehicle has been inspected and allowed to proceed; (b) obey the orders of the quarantine aL1thority, and; (c) produce to t,he quarantine authority all papers, a11swer questions on oath and give all information withi11 his knowledge necessary for securing public health. (2) The crew and passengers of such vehicle 1nay be subjected to questio ning and ma y be required to answer questio11s on o,1tl1. if tl1is is dee med necessary by the quara,ntine authority. 6. Quarantine restrictions against arrivals shall be 01aintained. or h ealt 1 1 a of vehicle case the arriving witllottt a proper bill of (a) in w,hose bill of l1ealth is irregular, and - 1056 -
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PUBLIC HEALTI-l
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(b) in case of a . �erson arriving witbou , t a valid healti, certificate or wl1ose healtl1 certrf1cate is irregular. 7. (1) 111 Et�iopia tl1 e bill of l1ealtb sl1all be clelivered by tl1e quara11tine authority. (2) Tl1e bill of l1ealth 111ay be described either as ''clean'' or ''infected'' and shall be described as ''cleru1'' w,hen it states tl1e absence of cholera in tl1e c�t• �try of cleparture, and/ or in the country fron1 whicl1 the vehicle as or1g1n, and/ or at which it bas called and sh.all be described as ''infected'' when it states the prese11ce of cholera. in any of the coun tries above mentio11ed. 8. (1) Tl1e quara11tine autl1ority shall inspect eaoh vehicle about to depart for abroad before deliverin.g tl1e bill of healtl1 and take tl1e necessary steps to deal with the condition of tl1e vehicle if found unsatisfactory. (2) The quarantine authority shall take measures to prevent the embarka tion of persons showing syn1ptoms of cl1olera, a.nd of persons in such relations with the sick as to render them 'liable to transmit tl1e disease of cl1olera. (3) The quarantine authority sl1all take steps to prevent export of 111er cha.ndise or goods wl1ich are considered to be possibly infected and which have not bee11 disinfected on arrival under the supervision of the quarantine authority. . 9. The measu.res prescribed in Sections 7 and 8 of these Rules, shall be adopted when cases of cholera form a foyer. A foyer exists whe11 the occurrence of new cases outside the immediate su.rroundings of tl1e first case proves that the spread of tl1e disease has 11ot been limited to the place where it bega11. 10. (1) The fees and dues in respect of quarantine services sl1all be fixed by the Minister of Public Health. (2) All expenses of disinfection and handling of the vehicle or cargo in this con.nection shall be payable by the person in charge of the vehicle. (3) The expenses of observation, food, medicines and attendance on per sons under observation shall be borne by the individual. CONSOLIDATION NOTE Jmp!. ctind. 7 /7 ( 1948) O. 4, 3 Consol. L. Eth.. 1. (The term "Vi� e :"'1i11ister of P�blic Health" otiginally ttsed ill this Article was impliedly amendecl to read M1n1ster of Public Health).
11. (1) In all cases when these R u · les provi�e ��r ''surveillanc�'' the quarant �e authority may substitute ''observation as an exce�t1onal measure 1n the case of persons wl10 do not offer adequate sa.rutary guarantees or . those who do not fu.mish the quarantine authority with the following particulars required to effect surveillance:
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CONSOLIDATED LAWS OF ETIDOPIA
Name, age, place fron1 whic� tourneying, d.ate 0£ 0eipart �1Fe, exact . addiess of destination in Ethiopia, _and furth€r ?estma· t1on 1f lea ving Ethiopia within the period of surveillance prescnbed. (2) Persons under observation or �ur':eilla11ce_ shall give _faeilities for all clinical or bacteriological invest1gat1ons which are col1ls1de,red necessary by the quarantine autlhority. (3) If a fresh case or a suspicious case of cholera breaks out among persons isolated during the period oi observation a further period of observation shall be imposed on ;the liemaining 1persons or those in contact with the fresh case.
PART ID Quarantine of Merchandise and Baggage
12. (1) Su.bject to the provisions of Section 3 of these Rules entry of mer
chandise and baggage arriving by land or by air for import or for tran sit, shall not be prohibited nor shall merchandise and baggage be de tained at frontiers or ports longer th.an is necessary to carry out disin fection. (2) Body linen and wearing a.pparel recently worn and beddin� which has been in recent use shall be subjected to disinfection; provided, that the importation of fresh fish, shell-fish and vegetables o· r any other article for human consumption specified by the quarantine authority may be prohibited unless they have undergone a treatment calculated to destroy cholera vibrios. 13. Such treatment and disinfection shall be carried out in suoh manner and in such place as the qu.arantine authority shall consider suitable but in such a manner as to inJure articles as little a.s possible. 14. The quarantine authority may, if it considers necessary, destroy by fire clothes and other articles of small value including rags not carried as merchandise in bulk. 15. (1) The Minister of Public Health shall decid.e whether compensation shall be payable for any damage caused by disinfection or other treatment or by the destruction of the articles referred to in Section 14 of these rules, and shall decide the amount of sucl1 compensation and the deci sion of the Minister of Public Health shall in these matters be final. (2) When . mer�handise or baggage has been subjected to the measures prescr1 �d Ill these Rules_, the quarantine authority shall, if requested by any mterested party, issue a free certificate showing the measures that have been taken. (3) The fees to be charged for disinfection and other treatment shall be fixed by the Minister of Public Health. CONSOLIDATION NOTE Impl. amcl. 1 /1 (1948) 0. 4, 3 Consol. L. Etli. J. (The term "Vice Minister of Public I-Iealfb" originally us ed in this Articl e \Vas impliedly amended to read Minister of Public Heal th).
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PUBLIC liEALTl-l
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PART f✓ Miscellaneous 6. Cases presenting tl1 � clinical sy111ptcms of cholera, in which no cholera � . v1br1os have been _ . fotmd or 1n which vibrios t1ot strictly conforming to the charac ter of cholera v1br1os have been found, sl1al1 re subjected to all measures required in the case of cholera. 17. Germ carriers discovered on arrival of a vel1icle shall be submitted after arrival to sucl1 rules of s11rveillance or observations as tl1e quarantine authorities may decide. . 18. Infected vel1icles sl1all t1ndergo the following measures: (a) medical inspection; shall be immediately isolated; (b) tl1e sick . (c) ilie crew and passengers may be eiilier kept tinder observation or sub mitted to surveillance during a period not exceeding five days reckoned from the date of arrival of the veiicle; provided, that the persons hold ing a valid health certificate may be siubjected to surveillance, but not to observation; (d) bedding which has been used, soiled linen, wearing apparel and other articles, including foodstuffs, wh:ch, in tl1e opinion of the quarantine authority of the authorized place of entry have been recently contami nated, shall be disinfected; (e) the vehicle that has been occupied by persons infected with cholera or that the quarantine authority regc.rd as infected shall be disinfected; (f) unloading shall be carried out urder the supervision of the quarantine authority which shall take all measures necessary to prevent the infec tion of the staff engaged in unlo:tding; this staff shall be subjected to observation or to surveillance -which may not exceed five days from the time they ceased unloading; (g) when the drinking water stored on vehicles is suspected, it shall be emptied out after disinfection and replaced after disinfection of the tanks, by a supply of wl1olesome drinking water. 19. The crew and passengers of a chole1a suspected vehicle may be subjected to surveillance during a period which shall n1Jt exceed five days reckoned from �he _ date of arrival of the vehicle and the crew shall be prevented dunng the same penod from leaving the vehicle or the place allotted to the·m by the quarantine authority. 20. In the event of any person or persons arri�ing in Ethiopia �heth�r by land or air from an infected area who can prodtce evidence to the sat1sfact1on of the quarantine authority that they have been subjected to anti-choler� vaccination, the quarantine a,uthorities may, at their cliscretioa., grant suc;1i exemptions as they may think fit from the restrictive measures in fo�ce at the time.
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CONSOLIDATED LAWS OF iE'FIDOPIA
21. '"Fhe Minister e>f Public Heallth may, witlto ut preJudiee t© rJ..te !PF©iVisi0n.s 0f fille pnecedling rl:lile.s, take such special measure� as he may thi, n, k fit _to esta1hlish atr au,thoiized places of entry sanitr ary s�atio11s equ�pped to ensuJje survetl[aince and the 0bserva1tli0n,, i'f necessacy, of persons, merchandise and bagga�e a� well a.s for uhejr me·dioal examinations, d·isin:Eection, d·isinsectisation and vacc1n.afi1on. CONSOLIDATION NOTE Impl. amd. 7 /7 (1948) 0. 4, 3 Consol. L. Eth. 1. (The term ''Vi�e !'-'llnister of P� h>tic Iiealthv originally used in trus Article was impliedly amended to read M1n1ster of Publ1e Health).
22. Where considered nece,,5sary, the quarantine authority may take measures to disinfect all drinking water carried through on trains and other vehicles and also take such mea.sures as they consider necessary to ensure that clea.n drinking water is carried. 23. Any person who contravenes a.ny of the provisions of these Rules or any lawful o:rder made thereunder, shall be guilty of an offence and shall be liable to punishment in accordance with the provisions of the Penal Code. CONSOLIDATION NOTE I1npl. a,nd. 16/Ex. I (1957) Arts. 508, 785 (which pliovides for penalties for capable in fringement of preventive and protective public health measures and control of public Health).
Don.e at Addis Ababa this 29th day of September, 1947. 10 / 1 (1950) L. 145 RULES ISSUED PURSUANT TO 'I'HE PUBLIC HEALTH PROCLAMATION, 1947 These Rules are issued by the Minister of Public Health pursuant to authority vested in him by Article 15 (i) of the Public Health Proclamation, 1947 (No. 91 of 1947). I. This Legal Notice may be cited a.s the ''Municipal Public Health Rule.s, 1950''. 2. These Rules will app.ly within those towns where mwlicipal public health services have been organized by th.e Minister and other towns where 1nedical and sa�tary supervision ca? be a.rranged to the satisfaction of the provincial healt� officer, and shall come mto effect upon the date of their ptiblication in the Negarrt Gazeta. It shall b� the duty of the public health officer in cha.rge of the municipal public health services to see that tl1ese Public Health Rules are enforced. under the dll.'ection of th e Kantiba, town officer or provincial health officer. a of ol contr �- A public _health officer duly appointed to the direction and lt he of shall have �erv1ce, the officer health h a powers assi public gned to a medical h¥ Legal Not1ce No. 25 of 1946, published in the Negarit Gazeta 31 July, 1946.
?·
CROSS REFERENCE Public Health Rttles, 2/11 (l 943) L. 25, 30 Consol. L. Eth. 4.
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PUBLIC HEALTI-l
30-7,8
5. . Tlie Municipal public �eal th officer or his representative shall make an i �spect1on _ of any bar, thea1er, cinema, �ancing hall, l1ot el, res tauran t, tej bar, pen sion , l odging house, club , _ garage, benzine station, butcher shop, slaughter house , stall, �hop or otl1er e s tabl ishment, dealing with the pu blic, which shall b e newly e�t�bl1shed , ?r proposed t_ o b e ne wly establisl1ed, within the municipality; the mu n1c1p �l pt1bl1c healt� offi cer sh all 111ake a report covering thjs inspection to the Kan t 1ba or to\vn office � of the m11nicipality. If t l1e municipality public health offi ce: reports to. the Kant1ba ?r to wn officer that any conditi on exists or is likely t o . gerous to th e public l1ealt l1, n o �x1st up on �l11s new e st�bl 1sl1n1ent, whi ch is dan licence to this n . ew establ1sh1nent sl 1all be gran ted by the n1u11icipality. 6. Ever·y pers on having a vacant plot of land shall fence it in acc orda.nce with instructions given b y the municipality. 7. Th e mu.nicipal public l1ealth officer or his representative may make an i11specti on of an y bar, theatre s, cinema, · dancing hall , hotel, restauran.t, tej-bar, pension., l od ging house, cl11b, garage, benzine station, butcher sho p, slaughter house , sl1op, stall o r other establis hment dealing with the public already l icenced by the municipality and may make a report concerning this inspection to the Kan tiba or town officer of the municipalit y. If the rnunicipal pubic health offic er repor ts to the Kanti ba or town officer t hat any conditio n whicl1 is dangerous to th e pu blic . remi se s of an es tabli shment already licenced by the muni health exists upon the p cipality an extension or renewal of the licence of this establishment sh all not be granted by t he municipality. Done at Addis Ababa thi s 30th day of September, 1950. 10 / 1 {1950) L. 146
RULES ISSUED PURSUANT TO THE PUBLIC HEALTH PROCLAMATION, 1947 These Rules are i ssued b y the Minister of Public Health �urs uant to a,uthori ty vested in him by Articl e 15 (i) of the Public Health Proclamat ion, 1947 (No. 91 of 1947). 1. This Legal N otice may be cited as the ''Municipal Public Health Rules 1950, issued with regard to water''. 2. No person shall offer to the public f or d� ink}-ng a.ny ��safe water or ��ter from an unsafe sour ce or water from a source which m the op1n1on of the murucrpal public health officer is liable to become un saf_e. ''Unsafe water� ' 4efined as water which can b e demonstrated to be po lluted with human or animal excrement or with poisono us substances. 3. No person shall urinate or defacate in any place other than a pro.� r1y constructed fly-proof latrine. No .per son sh all _ expose. any h11man excrement to fil es or rats or permit such to be expose d upon his preilllse s. 4. No person shall expose any human excrement either in his compound o r elsewhere. - 1061 -
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J(b8,9
IA P IO I IT F E O S W A L D E CONSOLIDAT
! ra tu na ��ter courses cr� s�in� e th to in � ag w se e rg ha sc di 5. No person shall in d tly Jo de e� b� the M�ntCipal lll: m co re t r.rru pe a_ of ce an s u is r te _ the town, except af a l Engi;,1-�rtng Sect1on and ici tin M e th of ief Ch e th � d an , ewage 18 Public Health Officer d or � � nt ea e � tli By the wate r r. ce ffi O n w To or a tib an e signed by th K 1 shm�nt, su ch permits for the l tab es r he ot or op h s e, us dis ho : carried wastes of a n g th� tow ssm cro may _be revo ked e� urs co ter wa ral u t na the charge of sewage into ty days written notic e thi er aft er fic Of wn To or ba nti � Ka the n of tio cre dis at the r. ce ffi lth O ea H ic bl Pu l pa ici 11n M e th of n tio da en on the recomm
6. No person shall discharge sewage into any cesspool or abandoned well more than ten meters deep, or otherwise cause or allow the c�ntamination of the natu ral ground water at a depth of ten meters or more. Done at Addis Ababa this 30th day of September, 1950. 10 / 1 (1950) L. 147
RULES ISSUED PURSUANT TO THE PUBLIC HEALTH PROCLAMATION, 1947 These Rules are issued by the Minister of Public Health p ursuant to .authority vested in him by Article 15 (i) of the Public Health Proclamation, 1947 (No. 91 of I 947). I. This Lega] Notice may be cited as the ''Municipal Public Health Rules, 1950, issued with regard to food''.
2. No person shall offer to the public for eating any food unsafe or unfit for human consumption. 3. Vegetables irrig·ated with water containing human excrement shall be con sidered unsafe for h, u man consumption. �- Irrigation of vegetables with water containi11g hu man excrement shall be considered as dangerou s to public health and unsafe for consumption. 5. Meat for sale not bea�ing the stamp of a.pproval of the Public Muni cipal Slaughter House shall be considered unsafe for human consumption. ng urati supp or 6. Milk from an_imals having tuberculosis, infectiou s abortion, wounds shall be considered unsafe for huma.n consu111ption. tb wi are decl 7. Other foods which the Municip, al Public Health Officer may ere si con so be to or unsafe reason, t d d. unfit for human consump ion sliall be good �- No restaura ?t, bar, tej-bar, grocer's shop, butcher's shop or any other s�op off�nng foo� or drink to the public shall sell in the same shop food matenals unfit or no t mtended for human consumpt ion. . .. 9 .. The �unicipal Public Health Officer or his representat e shall hav e th : iv a uthonty to seize �amples of reasonable size fron1 su spected food . or drink for th puripose of analysis. - 1062 -
PUBLIC HEALTI-I
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10. No person suffering from anY· f orm of infe · ctio · us or contagious disease . . . or venereal di. sease 1n a contagious stage sh • all be empIoyed or engaged 1n or about . any shop sellmg or manufactunnoo food or drink f or human consumption. · 11. No restaurant, bar, tej-bar or other shop offermg food or d rink to the . · · or on a container p,ubl1 c shall serve such food or drink • · 1n not properly washed . . since its la�t use. No restaurant, bar, tej-bar, or other shop offering food or drink to the public shall serve with such food or drink , any kn . .i'fe, ·f ork , spoon, or other . . utensil used for eating or drinking which has not been p. roperIy wash ed smce · its · . last use. No co�tamer or utensil for food or drink shall be considered to be properly washed unless 1t has been subjected to at least the following treatment : (a) washing in hot water containing enough soap or alkali to saponify the grease, (b) rinsing in hot water, (c) draining and drying in air. .
12. No re�taur�t, bar, tej-bar or other shop offering food or drink to the public shall serve - or prepare such fo�d or· drink in or on, a.ny cohtainer of such material or so constructed that it cannot be easily cleaned . 13. All restaurants, hotels, bars, tej-bars, and other shops offering food or drink to the public shall prevent ,the access of flies; roaches and rats to meat, butter, cheese, previously prepared foods and other foods easily contaminated. 14. All butchers shops sha}l be so constructed and maintained that the shop is free of flies, roaches and rats. All meat shall be stored only in fly proof containers. 15. Counters, tables, carts, trays or other equipment on which meait is carried or displayed in butcher's shops shall be smooth, impervious material which can be easily cleaned (galvanized iron, zinc, stainless steel, glass and smooth tile are such materials). 16. All counters, tables, carts, trays, knives, dishes, grinders or other equip ment used to handle meat i1J. butcher's shops shall be thoroughly cleaned and scaleded with boiling water ·daily. .
-
us s r rio rd fo va da an up st aw l dr al sh r ce ffi O lth ea 17. The Municiipal Public H to k in d od dr g an fo rin fe of s op sh r he ot d an s ar j-b te grades or restaurants, bars, , n up aw s s dr ha e rd -h da an e st th to g in rd co ac the public, shall grade such shops h ac n. E n s ve ee gi ha 'b e it ad gr e th g in· at st _ te ca ifi rt and shall issue ,to each shop a ce te ca ifi y rt its la ce sp tly di en in om pr l al sh iq bl pu e th shop offering fo od and drink to of grade fo r th e infor1nation of the public. . 0 , 5 er 19 b m te ep S f o y a d th 0 3 Done a t Addis Ababa th is - 1063 -
'
30-10,11
THIOPIA E F O S W A L D E T A ID L O S N O C
10 /1 (1950) L. 148 RULES ISSUED PURSUANT TO THE PUBLIC HEALTH PROCLAMATION, 1947 These Rules are issued by the Minister of Public Health pu� suant to ,luthority vested in him by Article 15 (i) of the Public Health Proclamation, 1947 (No. 91, I 947). 1. This legal Notice ,may be cited as the ''Municipal Public Health Rules 1950, issued with regard to refuse''. 2. All persons, shops and establishments shall either deposit their garbage daily in the municipal garbage and refuse bins, or shall store such garbage upon their premises in containers until it is collected by the n1unicipal garbage collectors. Containers for stori11g garba.ge shall be of a smootl1 impervious material which is easy to m.aintain in a clean and sanitary condition and sl1all be so maintained. Con tainers for storing garbage shall have tightly fitting lids. Both contai.ners and lids shall be so constructed as to exclud.e flies and rats from the garbage. Garbage is defined 10 include wastes fron1 the preparation and consu1nption of foods. 3. No person shall permit the accumulation upon •his premises of any putre scible material which may breed flies. Done at Addis Ababa this 30th day of September, 1950. 10/1 (1950) L. 149
RULES ISSUED PURSUANT TO THE PUBLIC HEALTII PROCLAMATION, 1947 These Rules are issued by the Minister of Public Healtl1 pursuant to autl1ority vested in him by Article 15 (i) of the Public Health Proclamation, 1947 (No. 91 of 1947). 1. This Legal Notice may be cited as the ''Municipal P t1 blic Healtl1 Rt1les 1950, regarding vaccinations'' . 2. children having a 1nunicipal public J 1e,:1lth service shall in those to Al:1 s W'1:1 . be 1mmun1ze� free of charge against small pox before they reach the age of one yea.r, and again every fou.�tl1 ye �r. The father, the mother, tJ1e legal guardian and the head of the l1ousehold _ 1n which the �hild resides are all responsible, i11 tl1e order nam��· for the_ presentation . of the cl11ld at the public clitlics 111aiiitained by the mun1c1pal public health service for tl1e immunization, and tlle v,tccinatio11 shall be p�t on record. �y person_ wis,hing to have his child immwiized against small pox pr1v �t �ly may �1scharge his _obligations under this Article 2 by presenting to the mun1c1pal �bl1c heal�h officer a certificate of sticcessful immtinization against small pox, signed by licenced medical practitioner. Done at Addis Ababa tl1i� 30th day of September. 1950. - 1064 -
PUBLIC HEALTH
10/1 (1950) L. 150
30-12
RULES ISSUED PURSUANT TO THE PUBLIC IIEALTH PROCLAMATION, 1.947 bt the Minister of Public Health pursuant to autl1ority T.l1_ese �11les are iss11ed _ vested m h1m by Article 15 (1) of tl1e Public Health Proclamation, 1947 (No. 91 of
1947). 1._ This L:egal Notice may be cited as the ''Municipal Pt1blic Health Rules
1950, issued with regard to the Disposal of Dead Bodies''.
2. The Kantiba or Town Officer - after approval of the Ministry of Public Health - shall by publication desig11ate certain areas within the Mt1nicipality whicl1 may be used as cemeteries or b11rial places. No person shall bury or cause to be buried within the Municipality the body of a11y deceased person except in an offi cially designated cemetery or burial place. 3. It is the duty of the surviving near relations living with a deceased perso11 at tl1e time of his death to have the body buried with decency before it shows any signs of decaying but not sooner than twelve I1ours after death. If the surviving relatives fail in this duty, it falls upon the householder upon whose premises the body lies. If all these fail to bury tl1e body, it shall be buried by the Municipality. 4. Responsible for proper burial at the cemetery is the cemetery officer who has the following duties: (a) He shall allocate burial places to the public and see that the burial regulations are followed. (b) H e shall see that each bt1rial place allotted is at least two meters by 0.80 meters i n area and that the grave itself witl1in each burial place shall be at least two meters deep and wide enough to allow the coffin or dead body to lie horizontally at the botton1 of the grave. (c) He shall keep a register giving the following i11formation: The name of the deceased person buried, tl1e name of the person responsible for burial, the da.te and ho11r of tl1e burial, the location or number or other identification of the grave place. This register shall comply with the form given in these Rules. . dy hing wis to charge such anybo of free place burial a e provid He sl1all (d) a place. On such a place no monu�ent may be erected and the place can be used again but not before an 1nter_ val of seven ��ars has elapsed, and not then if the graveyard is kept m good cond1t1on. After seven years the dead body can be removed to a different place. (e) He shall sell burial places at a schedule of fees to be fixed b� the Kane ll t com no sha into effect s fee of le edu sch s thi t bu r ice off wn t t·b o 1 �l1 � ias be en approved by the Municial Public Health Officer, the alth. On such lic 1b He of P1 ry ist in M e th d an er fic Of th al He l cia vi� 0 �� d. te ec er be ay m ts en 11m on m es ac al ri pl bu . I1e lations of the if t_ re s, av gr e th g di to . ts � en em ng ra ar e ak l m al e sh (f) H by t se l be al ice sh rv se is th r fo es fe e th t ec sp re · · · , 1 deceased fat·1 1n th's - 1065 -
IA P fO H T E F O S· W A L ED 1i A ID L O CoNS
------· --:---:--:----:--�� -=-------------ce--ToWlil Offi .r, but tbti.is schedule of f�es shail[ not come
3�[2,13
th .e Kantiba or . int© effect until it has been approved by the M u.ntcil?a� Public Health try the n'ls d Mt: an r fice of Publi c Of h alt He l cia :vin Pre the er, fic Of Health.
Done at Addis Ababa this 30th day of September, 1950. 10/3 (1950) L. 151 * RULES ISSUED PURSUANT TO THE PUBLIC HEALTH PROCLAMATION, 1947 These Rules are issued by the Mini�ter of Public Health pursuant to autho.rity vested in him by Article 15 of the Public Health Proclamation, 1947 (Proclamation No. 91 of 1947). 1. These Rules may be cited as the ''Venereal Diseases Rules, 1950''. 2. In these Rules unless the context otherwise requires: '-'Medical Authority'' means any physician or other person appointed by the Minister of Public Health for the purposes of· these Rules. '"'venereal diseases'' means .infectious syphilis, gonorrhea (including Belnor,, rhoea), chancrotd and other infectious venereal diseases so designated by the Mi nister of Public Health from time to time by notice in the Negarit Gazeta,· pro vided, that the venereal disease shall, in the case of pregnant women, infants and minors include syphilis, gonorrhea and chancroid whether infectious or not; ''public place'' includes any way, building, place or conveyance to which for the time being,, the public is entitled or permitted to have access, with or without payment; ''p.rostitute'' means a woman who habitually offers her body for pros titution; ''prostitution'' means indiscriminate sexual intercourse for gain, whether in money or kind.
OBL.IGATORY TREATMENT OF VENEREAL DISEASES, FRBE OF CHARGE 3. (i) �he Imperial Ethiopian Government shall provide for free exaroina t1on and tr�atment of persons who are suffering from or suspec�ed to be suffering from venereal diseases. Treatment under this sectton shall include free medicines and drugs and if necessary admission of a person to hospital or other medical institution a.s an in-patient. (ii) -yenereal diseases shall �e treated only by qualified medical practi tioners or under superv_1s1on of such persons. (iii) It shall be an offence to advertise cures for venereal diseases . . ·
*
INTRODUCTORY FOOTNOTE l1npl. amd. Pe11. C. 16/Ex. 1 (1957).
- 1066 -
PUBLIC HEALTH
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(iv) T.h e :esponsibility for providing facilitie s as prescribed in subsection _ (1 ) a ove, shall be vested 10 the Ministry of Public H ealth. (v) Tl1e .1':1-inis�ry of Public Health n1ay autl1orize pro vincial or local admrnistrations to execute such services for venereal disea ses control as may be deemed necessary, provided. that the Ministry shall furnish fre� . ?f cl1arge tl1e necessary medicines and diagnostic la bora·tory fac1l1t1es. 4. Hospitals, clinics, dispensaries or medical i.nstitutions other than those mentioned ��der section _3 of these Rules, which have, on application, received from the Mrn1stry of Public Healtl1 a grant in a.id or their expenses 'for examination and/or treatment of ve?er�al diseases or received supplies of medicines tl1erefor shall afford free exam10at1on and/or treatment and/or medicines, as th.e case may be. 5. (i) If a person who is found to be infected or suffering from a venereal disease does not comply with the treatment prescribed and he cannot satisfy the medical authority concerned that h·e has received satisfac tory treatment, the medical authority may have such person removed, i f necessa.ry, by force, to a medical institution for examination and/or treatment. . . (ii ) The responsibilities for fulfilling the duties of the patient under this section shall in the case or· minor, i.e., ,L person who js, or appears to be under eighteen years of age, vest in the father or mother or guardian of such minor. (iii) A medical authority 111ay req11est police assistance in removal of persons under this section. 6. The medical authority may prohibit a person suffering from a communi cable venereal disease to be employed in occupations preparing or handling food stuffs or beverages for human consumption, or in any other profession where the disease can be transmitted to other persons, particularly anybody taking care of children. 7. No individual suffering from a communicable venereal disease shall have sexual intercourse with any other person or otherwise expose such person to the disease. This includes that no person shall marry, if suffering from or suspected to be suffering from venereal disease before tie can produce a doctor's cert_ifi�ate that the disease no longer is in an infectious stage. 8. In the combat of venereal diseases special attention should be given to such diseases in pregnant women. 9. All medic;1l practitioners, governmental hosp� tals or other �edical insti tutions shall weekly submit statistical reports regarding venereal d1se�ses to the public health autl1orities, in the manner and on the forms to be prescr1bed by the Ministry of Public Health, special emphasis being placed on the reporting of new infectious cases. . . � d � �n e G · bl� tur he �f na _pu the o� inf l wi h alt He c bli Pu of y . 10 The Ministr the dangers of venereal diseases. The Mirustry will prov1d� edu�t10!1al ma� terials y for this purpose (pamphlets,. pos�ers, etc.) _and may co-op_ erate ·with vo untar ic. bl e n th pu io at of uc ed ch su 1n d ste re te in ns tio za ni th heal and welfare orga - 1067 -
30-13,14
JOPIA fI T E F S O W A L D E T A ID L O CONS
l l . [Imp/. repd. Pen. c. J 6/Ex. I (1957) Art. 800 (whicl1 provides penalties for rmmoral soliciting an debauchery).] 12. A prostitute shall not have sexual intercourse with young men under the age of twenty years. 13. (i) No prostitute shall practice prostitution in tl1e immediate vici. nity of public worship, a church or a sacred place or a school or any other public place. (ii) No prostitute shall practice prostitution on premises or places where intoxicating liquors are sold or consumed or on any premises con nected therewith. 14. [lmpl. repd. Pen. C. 16 /Ex. 1 (1957) Art. 604 (which provides penalty for h.abjtual exploitation for pecuniary gain).] 15. Any person who acts in contraventio11 of, or fails to comply with, tlie provisions of tl1ese Rules shall be liable, on conviction, to the penalties and pro ceedings in section 15 of the Public Health Proclamation, 1947. Done at Addis Ababa tl1is 30th day of November, 1950. 10/ 12 (1951) L. 156
RULES I.SSUED PURSUANT TO THE PUBLIC HEALTH PROCLAMATION, 1947 These Rules are issued by the Minister of Public Health pt1rsuant to a.utl1ority vested in him by Article 15 (i) of the Public Health Proclamation, 1947 (Procla mation No. 91 of 1947). PART I General
1. This Legal Notice may be cited as the ''Public Healtl1 Rules of 1951, with regard to Communicable Diseases''. 2. In this Legal Notice communicable diseases sl1,1ll be divided i11to two classes. The following are communicable diseases of the Ist class : Plague Cholera Yellow Fever Small Pox Typhus The following re commt1nicable disease � s of tl1e 211d class : Malana Relapsing Fever Dengue � 1068 -
PUBLIC HEALTH
30-14
Leisl1maniasis Filiariasis Tryponosomiasis Dysentery Bacc.illary Dysentery An1ebic Typhoid ai1d Paratyphoid Ac _ ute Cat,i_rrhal Jaundice (Acute infective Hepatitis) Hemorrhagic Jaundice Meningitis Epedemic Diphtheria Polioe11cephalis Scarlet Fever Whooping cougl1 Measles Chicken Pox Mu.mps In£luenza Yaws (Framboesia) Weils disease Encephalitis Tuberculosis Trachoma Leprosy Rabies Tetanus Anthrax Brucellosis and _any othe: disease which the Mi11istry of Public Health on the advice of the 1'!ed1cal Advisory Board may from time to time declare to be a co1nmu.nicable disease under these Rules. 3. �11� communica?le diseas�s of tl1� 1st class sl1all be notified by telegram to the Mm1stry of Public Health 1mmeda1tely at occurrence of the first case and shall later be reported weekly explaining their conditions. All communicable diseases sl1all be notified weekly to the Ministry of Pu blic Health according to notification form issued by the Ministry. Tl1ese notifications of communicable diseases are compulsory for all me dical practitioners. The directors of hospitals are responsible for the reports. To avoid double reports, cases remitted to hospitals or specialists s·hall be reported by the doctor or institution responsible for the treatment. 4. The Ministry of Public Health shall pay special attention to the occur rence of communicable diseases in the Empire, and it shall on the recommendation of the Medical Advisory Board take proper measures for the preventing of any such diseases from developing or spreading. le si on sp ar re fic rs of n e ? to th o ns w to � e th � o � � The governors and Kantibas � e tiv ec sp r re ei rn th as es se le d1 ab 1c m m co st am �� _ . for such government measures ag oPr e th lth or ic ea bl H Pu of r te is in M e th by areas as m ay b e delegated to them vincial Public Health Officer. - 1069 -
PIA IO H T E F O S W A L D E CONSOLIDAT
30-14
ent, vaccinatio n, tm ea tr n, io at in am ex y or ls pu 1 n co .t · for th e pt1rpose o 5. By th.1s Lega 1 Not'1ce any .· f . ou d . 1e •es e th rr · ca · , 11 10 at · eg gr · se n 'o at z t t · 1 c 1 d' 1 s1 n e c smse . , d. · f t'ion., Ru les shall be free of charge. es th as se le di e ist ab in ic M u n . ry of n ffil co e tl1 of ng i ad re sp e t th 6. T o preven ca u se to ?e tak en by a medical or e k ta. to r we po the Public Health shall have : es ng os rp w1 pu llo fo e th r fo ps ste y a11 , ive at practitioner or his represent (a) in.spection and examination of persons and the segreg� tion in hospitals, _ or otherwise, of persons i nfected, or s uspected of bei ng mfected with communicable disease; (b) inspection and visitation of houses; (c) tl1e inspection of any premises and all installations therein, water works, wells, latrines, u rinals and cesspits and any measures for sani tation, or destruction, if in his opinion such meas ures are necessary for the prevention of the occurrence or spread of communjcable diseases; (d) provision of medical aid and accomm odati on for the .people suffering or s uspected of suffering from communicable "diseases; (e) the control and restriction of movements of foreign persons travelling within Ethiopia; (f) tl1e contr ol and restriction of movements of foreign persons entering and leaving Ethiopia shall follow the rules laid down in the Interna tional Sanitary Convention ; (g) disinfection, djsinsectization, deratiza.tion a1 1d vaccinati on; (h) funerals and disposal of dead bodies; (i) a.ny other action as m ay seem to the Ministry of Public Health to be expedient, incl uding sendi ng persons to com bat or control the com municable di seases. 7. Whenever a
comm unicable
disease among animals occurs, w11ich may be c�mmunicated to h �m an beings, �e Ministry of Agricu lture, being aware of the diseas � s_hall forthwith send a n�t1ce thereof to tl1e Min.istry of Public Health and the Ministry shall co-operate with tl1e Ministry of Agric ulture in combating the disease. PART II Special Provisions for i11fected areas ,
8.
(i) When at any tim e the Minister of P L1blic l{ealtJ1 i s satisfied tJ1at any part of the Empire is visited by, or tl1reate11ed ·wit11 an outbreak of dange�ous communicable disease, he may by notice published i? t11e Negar1t Gazeta or a local newspaper declare sucI1 part to be an �f�c ted area and tl1e m easures prescribed in these Ru.Jes sl1all immediately be adopted for such an area. (ii) The .Mini�t � of Public Health shall: appoint an epidemic Authori ty - s or Author1 t1e f or such an affecte d area. - 1070 -
PUBLIC HEALTfI
30-14
9. Tl1e noti��ati.011 of _ a da11gero11s commwticable disease is comp11lsory and the perrso11s hereafter 13:1e11t.1oned, as soo11 as tl1 ey respectively become aware of tl1e case, s�all sen� notice thereof to the epidemic autl1ority of tl1 e area o r to the 11earest police stat1011: (a) the medical [)ractitio11er, if any, attencling the person suffering; (b) the perso11 suffering, if an adult, i.e., a person over eighteen years of age; (c) the l1ead of the family witl1 whon1 s11cl1 person is residing; (d) .the manager of any lodging establisl1rnent at whicJ1 s11ch person is residing. 10. The commanding officer of any army post, any police officer, nurse, mid wife, dentist, chemist, pharn1acist, sanitary officer, or person in cl1 arge of a dispen sary who gets inf ormation about the occurrence of a dangero us communicable disease shall immediately infor1n the Epidemic Autl1ority in the. area concerned. 11.
(i) If anybody has been declared to be suffering from, or suspected to be suffering from a dangerous communicable disease by a medical practitioner or an epidemic authority, the epidemic authority shall decide if tl1e person shall be subject to special treatment in a l1ospjtal, or to be segregated in a proper place of reception, in a hospital, o r to live elsewhere under special arrangements. (ii) The epidemic authority shall keep the Miruster of Public Health continuously informed of any measures taken tinder sub-section (i) abo ve.
12 If a medical practioner or epidemic authority is satisfied that a person is sufferi g from, or is suspected to be suffering from a dangerous communicable n disease, they may have such person removed to a hospital or kept segregated in a place of reception until discharged by the o fficer in cha.rge thereof. 13. A medical practitioner or epidemic authority may call upon any police officer to assist him in removal of a person under section 12 and in guardin,g segre gation hospitals or places of reception. PART III Miscellaneous the of es any ven tra con h r o wit ly mp o c o t s use ref 0 wl1 n o s per 14. (a) Any provisions of these rules; o-r c bli r Pu of ste M the by ue iss er rd � o ful ? law y an es lat vio y ull llf wi (b) _ r these de ity un or th c au m1 1de ep an or er ion tit ac pr al dic me a h, alt He rules; or t ority o r in th � execu e au th on tin ac on rs pe � y an ts u:; str ¥ (c) willfully ob t e o bl d lia be an ce fen of an f o y ilt gu be all sh er rd o ch f any su t· o n nalties prescribed under Article 15 of the Public Health Prot�e :e ). 47 19 of 91 o. N n io at am cl ro (P n io clamat . 51 t, 19 11s 11g A f o ay d th 27 is th a Done at Addis Abab . - 1071 -
PIA IO H T F E O S W A L D E T A CONSOLID
30-15,16
10/12 (1951) L. 157
RULES ISSUED PURSUANT TO THE PUBLIC HEALTH PROCLAMATION, 1947 These Rules are issued by the Minister of Public Health pursuant to authority _ vested in him by Article 15 (i) of the Public Health Proclamat1on� 1947 (Procla mation No. 91 of 1947). 1. This Legal Notice may be cited as tJ1e ''Municipal Sanitation Ru]es of 1951''. 2. No person shall urinate or d�fec� te in any plac� ex�ept in ,1 prope�ly cons tructed latrine. Any person found urmatmg and defecatmg m a place not intended for this purpose, will be liable to a fine of Eth. $ 0.25 twenty-five cents or impri sonment of twelve l1ou.rs if be is not able to pay. This Legal Notice will be enforced by tl1e Sanitary Officers and Police Cons tables. Done at Addis Ababa this 27th day of August, 1951. 7 /2 (1947) D. 9 *
DECREE FOR THE l\1AINTENANCE AND ADMINISTRATION OF MEDICINE CONQUERING LION OF THE TRI.BE OF J'UDAH HAILE SELASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS, there are in Our Empire natio11als a11d citizens of several countries who are workin.g in Etl1iopia as pl1arr11acists and cl1e1nists selling to tl1e sick or other persons who require medicine for healtl1 purposes; and WHEREAS, the methods of mixing medicine of differe11t countries vary; and WHEREAS, We require tl1at the health of O t1 r people be mai 11 tait1ed under a · unified system; NOW, THEREFORE, in accordance with Article l l of Our Constitution We decree a.s follows: CONSOLIDATION NOTE The Constitu t ion referred to. here is tl1e Constitulion 3 1. Tliis co,1 stit ulion ,vas of 19 1�epea led a nd rep laced by tl1e �ev1sed C?11s�itutio11 of 1955, 15/2 (1955) Jl. 149, J C �11sol . L: E_tli .. 1. �he A� t1cle of the Revised Const1tt1 tion paralle l to tlle c ited Artic le of the t9Jl Cons t1t ut 1on 1s Article 27. ,:, INTRO DUCTORY FOOTN OTE lmpl. amd. 7 /7 (1948) 0. 4
- 1072 •
J) UBLIC HIALTI·J
30-16,l 7
1. _This Decree may b� �ited as tbe ''Decree relating to tl1e Pharmac o pe fo ia ; _ 1 the Maintenance and Adm1111strat1on of Medicine, 1947 '. CONSOLIDATION NOT.E This Decree is erroneously cited as a "Proci 1 mation".
2. Until �ucl1 time as it �ill be possible to prepa.re and publish in Am.haric a pbam1aco_pe.1a f �r �ur E?1 p1re, We have in tl1e meanwhile adopted the U.S. A. Phar-?1a.cope1_a, wl11ch 1� �ev1sed and pt1bli�l1_ ed . every five years and which is at pre sent m its thirteenth ed1t1on, to be the off1c1al pharmacopeia of Our Empire. CONSOLIDATION NOTE !111pl. a111cl. 7/7 (1948) 0. 4, 3 Consol. L. Etli 1, (establishing a Ministry of Public Health).
We have, therefore, cl1arged our Minister of Public Healtl1 to fulfill and have the provisions of this Decree fulfilled. Done at Addis Ababa this 31st day oJ October, 1947. 8 / 1 (1948) P. 100 *
A PROCLAMATION RELATING TO THE REGISTRATION OF MEDICAL PRACTITIONERS CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA In accordance with Article 34 of Our Constitution We approve the resolutions of Our Senate and the Chamber of Deputies and We accordingly proclaim as fol lows: CONSOLIDATI1)N NOTE The Constitution referred to here is the C·Jnstitution of 1931. This Constitution was repealed and replaced by tl1e Revised Constitutioo of 1955, 15/2 (1955) P. 149, 1 Consol. L. Eth. J. The Article of the Revised Constitution parallel to the cited Article of the 193 l Cons titution is Article 88.
1. Th.is Proclamation may be cited as the ''Medical Practitioners Registration Proclamation, 1948 ''. 2. In this Proclamation, unless the context otherwise requires: ''Board'' means the General Advisc,ry Board of Heal,th established tmder the Public Health Proclamation, 1947. ist, , nt n o· de ge n, ur ia ic ys ph a es ud cl in d an � ns ea m r'' ''medical practitione he t _ t to lf ou se s h1 ld bo o wh on rs pe r h� ot °:1 y n a. d an pharmacist, midwife and nurse sp or di e r ib fo cr es , pr at tre , se no ag di e, in am ex to public as being able o·r prepared ense for, patients for gain. * INTRODUCTORY FOOTNOT'E Inipl. a,nd. Pen. C. 16/Ex. 1 (1957).
- 1073 -
30.-17
OPIA l ff T E F O S W A L D E T A ID CONSOL
. b lt ea H c li b u P f o r te is in M '"Ministe r'' means the CROSS R E F E R E N C E 3. h. Et . L . ol is ot C 30 , 91 P. 7) 94 (1 12 l)ublic Health Proclatnation, 6/
3. (a) No person shall carry on t�e pro fession or busine ss �f a. medica! prac titioner unless h e holds a licence granted under Se ction 5 of thIS Pro clamation. (b) [I,npl. repd. P.C. 16/Ex. 1 (1957) Art. 518 (4), providing that certain practices a.ccording to indigenous methods shall not be unlawful.] 4. (a) Application for a licence t o practise as m e dical practitioner shall be made to the Minister in the form set out in Schedule A to this Procla mation and shall be accompanied by the fee prescribeci in Schedule C to this Proclamation and such diplomas, ce rtificates or othe r documents as may prove the applicant's degrees and/ or qualifications for his profession. (b) The Min ister shall submit tl1 e application and the documents attached thereto to the Board which shall expr ess its opinion in a written state ment to th e Ministe r. 5. (a) The Minister may, on the re commen datio n of the Board, grant the application if l1e is satisfied tha t the a pplicant: (i) is of good. character; (ii) is qualified t o carry on his profession; (iii) is an Ethiopian citizen or h as re ce ive d permission to remajn in the Em pire. (b) The lic ence shall be granted in the f orm se t out in Schedule B to this Proclam ation and b e issued on th e paym e11t of a fe e prescribed in Sche d ule C t o this Proclamati on. �- . T�e licen ?e shall only. entitle the hol der thereof to carry on the profession (specified m the �cence), prov1 ?ed that e very person lice.nsed, as a . pliysician or sur geon shall be entitled to pra ctic e dentistry and n1idwife ry. 7. The �inister shall caus � to b e ke pt a Re gister of person.s licensed in tl1e f orm set out 1n Schedul e B to this Proclamation. 8- (a) If �y me dical practitioner licensed under this Procl�1n1ation ba.s been convi cted of any cri �al offence, or shall, after due inquiry by the _ Board, be de emed by 1t to ha ve been guilty of unprofessional or �nfa· nt mous con�uct, or have prove d lige neg y hii ns gro e lf ssl inc or a p a ble _ _ m tbe perfo�ance of h1•s professional d uties, tl1e Minister may, on tbe r�commendation of the Boa· rd, cancel the li ce11ce or suspend it for SUCh t1IDe as may be fixed by him. - 1074 -
.PUBLIC HEALTH
30-17
(b) Upo � the issue of an order of cancellation or suspension, tl1e h . older of tl1e licence sl1all deliver l1is licence to tl1e Minister. 9. (a) Tl1e Minister s11all cause to be publisl1ed i11 tl1e Negarit Gazeta or i 11 01 1e or .more local 11ewspapers next followiJ1 g the date of registration the name, address and profession of every person to wl1om a licence is gra �ted or whose liceI1ce is cancelled or suspended under this Procla• mat1on. (b) The Minister shall cat1se to be pt1blished i11 the Meskerem issue of tl1e Negarit Gazeta in eacl1 year a list containing the names of all medical practitioners remaining on the register at tl1e close of the previous year togetl1er with their addresses and professions. CONSOLIDATION NOTE The lists of registered 111edical practitioners, \vl1ich are to be published annually in tl1e Meskerem issue of tl1e Negarit Gazeta, are not included in tl1e Consolidation because of their transient nature.
l 0. (a) No person, other tl1an those wl1 0 are holders of licences to practice
under this Proclamation, shall use the title of physician, surgeon, dentist, pharmacist, midwife or nurse or any similar title, whether expressed in words or by letter implying his qualifications as a medical practitioner.
(b) No l1 older of a licence under this Proclamation shall take or use or fix to, or use in connection with, his premises, any title or description rea• sonably calculated to suggest that he possesses any professional status or qualification, other than that in respect of which he has been licensed. 11. Medical practitioners may employ under their persona.I supervision dres• sers, attendants and apprentices in connection with their professional practice, but shall not permit sucl1 unlice11sed persons to attend, treat or perform operations upon, or prepare or dispense medicine to, patients iI1 respect of matters requiring profes• sional discretion or skill. 12. The Minister or l1is authorized representative may enter at any reasonable hour upon the professional premises of a medical practitioner for the purpose of inspection. 13. (a) Any person who: (i) wilfully makes any false representation or declaration in his appli• cation for a licence, or (ii) acts in contravention of, or fails to comply with the provisions of this Proclamation, or of any rule or order lawfully made thereunder, is guilty of an offense and shall on_ �onviction, �e liable to punjsh• me nt in accorda.nce with the prov1s1ons of Articles 518, 738 an.d 789 of the Penal Code. he r de or ay on m cti t se his r de un c en f of y an ! of g � (b) The Court convictin _ :1ch wh e of nc fe e es of th 11t t1t ns co ch hi w of e us e th s confiscation of article the offender is convicted. - 1075 -
1A i> 1o nt E F O S W A L t> CoNsotJDATB
30�[7
(c) The Court shall notify the Mi� ister of any_ judgement delivered in any proceed.ings brought under this Proclamat1om. CONSOLIDATION NOTE
Imp[. an1d. Pen. c. 16/Ex. 1 (1957) Arts. 518, 738, 78� (wJ1icl1 provide for � enalties for
unlawful exercise of the Medical or Public Health professions, �raudulent securing and use of degrees and certificates and continuing regulations of the Medical and TheJJapeutic profes. sions).
14. The Minister may make rules for the ca:rrying out of the provisions a.nd pur poses of this Proclamation. Such rules may include the control of th.e sale of medicine. 15. Every person who is at th.e date of the com m . encement of this Procla.mation, the h.older of a licence to practice as a physician, surgeon or dentist under the Me di.cal Registration Proclamation, 1942, or a pharmacist and d,ruggist under the Phar macist and Druggist Proclamation, 1943, shall after such d1ate , be deemed to be holder of a licence to practice under this Proclamation and shall be subject to all its provisions. 16. This Proclamation shall come into operation from the date of its publi catio.n. 17. The Medical Registration Proclamation (Proclamation No. 27 of 1942), and the Pharmacist and Dru.ggist Proclamation (Proclamation No. 34 of 1943) are hereby repealed. SCHEDULE A Applica.tion for a licence to practice as a medical practitioner under the Me dical Practitioners Registration Proclamation, 1948. The Minister of Public Health ' Addis Ababa.
To:
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hereby apply for a license to practice as a 2. My professional qualifications are
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3. I am registered as ..................................... (3) ................................. by . . ... .. • ... • ....... ... ...• • • • • • • • • • • on the • . . . . . . .. ... . .. (4) . .................. • • • • • • • • • I have neve� been . di�qualified from practising as a medical practitioner, 4. . neither abroad nor 1n Ethiopia. 5. I attach to this application the following documents: ••••••••••••••••••••••••• ••• • • •• ••• ••• •••• • ••
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- 1076 -
PUBLIC HEALTI-1
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6. I declare that the above particulars are .true and accurate in every respect. Date: . . . . . . . . . . . . . . .
Place: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signature of Applicant • • • • • • • • • • • • • • • • • • • • • • • • • • •• • • • • • • • • • • • • • • ••••••••••••••••• •••••••••••••••••••••••••••••••••••••••••••••••••••••••• •••••••••••••••••••••••••••••••••••
(1) Insert full name, address and nationality. (2) State all degrees, exams, diplomas, certificates or other documents tl1e applicant will refer to. (3) State the registered profession, the registration authority and date of registration. SCHEDULE B Licence Under Section 5 of The Medical Practitioners Registration Proclamation, 1948 THIS rs TO CERTIFY THAT ............ : ............................................ whose signature has been written below is hereby licensed and registered as a ......... ♦
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and authorized to practise as such in the Empire of Ethiopia, in accordance with the provisions of tl1e Medical Practitioners Registration Proclamation, 1948. Given at Addis Ababa this .................. day of ... . ..... ... ... 19 ..... . ••••
• • • • • • • •• • • • • • • • • • • • • • • • • • •• • • • • • • • • • • • • • • • •
SIGNATURE OF THE LICENCE HOLDER
Reg. No......................... Fee: Eth. Dollars ..............................
MINISTER OF PUBLIC HEALTH (seal)
SCHEDULE C Fees Under Section 5 of The Medical Practitioners Registration Proclamation, 1948 Fee for a licence as: Eth.$ 300.00 a physician, surgeon or dentist Eth.$ 200.00 a pharmacist Eth.$ 100.00 a midwife Eth.$ 50.00 a nurse Done at Addis Ab�ba this 30th day of September, 1948. - 1077 -
HIOPIA T E F O S W A L D E T A LD L O CONS
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23/18 (1964) L. 288 * REGULATIONS ISSUED PURSUANT TO THE MEDICAL PRACTITIONERS R.EGISTRATION PROCLAMATION, 1948 CHAPTE.R I General
1. Authority These Regulations are issued by the Minister of .Public Health pursuant to authority vested in rum by Article 14 of the Medical Practitioners Registration Proclamation, 1948 (Proclamation No. 100 of 1948) (l1ereinafter referred to as the ''Proclamation''). 2. Short Title These Regulations may be cited as the ''Pharmacy Regulations, 1964''. 3. Definitions As used in these Regulations, unless the context otherwise requires: (I) ''Board'' shall mea.n the General Advisory Board of Health established under tb.e Public Health Proclamation, 1947 (Proclamation No. 91 of
1947);
(2) ''Chief Pharmacist'' shall 111ean the pharmacist in charge of the Phar ma.cy and Laboratory Department in the Ministry; (3) ''Cosmetic'' sl1all m.ean any substance intended to be rubbed, poured. sprinkled, or sprayed on, introduced into or otherwise applied to the human body or any part thereof for cleansing, beautifying, pron1oting the attractiveness or altering the appearance thereof, including denti frices, medicatated soaps, toilet articles and iten1s intended for use as components of any such substa11ce; (4) ''drug'' shall mean any substance, including all narcotics, used as a me dicine, or in making medicines, and shall include, witl1out limitati on, all medicines and preparations recognized in the International Pbar macopeia for internal or external 11se and all otl1er medicines and pre parations recognized by law for such use within Etl1iopia; (5) ''druggist'' shall mean any person wl10 satisfies tl1e requirem ent for registration �s a druggist and is licenced and registered as such pur suant to Article 8 of these Regulations; to sale for shop'' shall mean ''dr: u ggist an establishment whicl1 ofiers ( 6) th � public _ such medicinal preparations, cosn1etics, nursing and sanitary t tha for ed art���es, dietetic products and otl1er articles as are approv
.----------
*
INTRODUCTORY FOOTNO"fE ·. ·
Amd. 24/11 (1965) L. 305.
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PUBLIC HEALTI-I
(7)
(8) (9)
(10)
30-18
purpose . by the Ministry but does not engage in the compounding, preparat1011 or manufacture of any medicinal preparation; ''manufacturing laboratory'' shall mean an establishment other tl1an a JJharmacy or dru�gist shop wltich manufactures, prepares or repacks (exc �pt under_ Article 68 11ereof) medicinal preparational cosmetics or medical st1ppl1es for eventual sale or distribution to the public; ''medical practitioner'' shall n1ean a physician, surgeon, dentist, veteri nary or other person authorized and licenced to exan1ine, diagnose, treat or prescribe for patients; ''medicinal preparation'' sl1all mean any drug biological product or parenteral medication and any combination of such items i11tended for use in the diagnosis, t.reatment or prevention of disease in men or animals; ''medical supplies'' shall mean medicinal preparations, ab.sorbent cotton, bandages, gauze, sutures, compacts, compresses, surgical dressings of all kinds and descriptions, and all other products and preparations, other than foods, used in the diag11osis, treatment or prevention of dise·ase :in men or animals, including :instruments, appliances or devices used by medical practitioners in the pursuit of their professional activities;
(11) ''Minister'' shall mean the Minister of Public Health; (12) ''Minis.try'' shall mean the Ministry of Public Health;
(13) ''narcotic'' shall mean any drug classified as a narcotic under such inter
national narcotics conventions as are binding on Etlriopia and included in the current revised ''List of Narcotic Drugs under International Con trol'' as issued by the Permanent Central Opium Board (sometimes also referred to as the International Narcotics Control Board);
(14) "pharmacist'' shall mean any person who satisfies t11e requirements for registration as a pharmacist and is licensed and registered as such pur suant to Article 7 l1ereof; (15) ''pharmacy'' shall mean any store, shop or other place in which medici _ nal preparations are compounded or prepared and dispensed or sold to the public; (16) ''pharmacy technician'' shall mean any perso1: who sati�fie� the requi _ rement•s for registration as a pharmacy techn1c1an and 1s l1censed and registered as such pursuant to Article 9 hereof; and (17) ''prescription'' shall mean an o� der for the dispen�ing of d1:11 gs or rr1ed.i cinal preparations written and s! gned by a person mcluded m the _current list circulated pursuant to Article 71 hereof of persons authonzed by law to write prescriptions. CONSOLIDATION NOTE Amel. 24/11 (1965) L. 305 Art. 3. CROSS REFERENCE Public Health Proclamation, 6/12 (1947) P. 91, 30 Consol. L. Etfi. 3.
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4. Pharmacy and Laboratory Department There shall be established within the Ministry under the � upervision of the Chief Pharmacist a Pharmacy and Laboratory Depart11!ent whtch sha� perfon n such functions and discharge such duties as are set foryh_ tn these Regulation s or as may be provided in the internal regula tions of the Mm1s try • •
CHAPTER II
Registration and Licensing
5. R egisters Th.e Phar1r1acy and Laboratory Department shall: ( 1) maintain separate registers of pharmacist s, druggis ts, pharmacy tech• nicians, retail and hospital phar1nacies, druggist shop s and manufac. turing laboratories in accordance with these Regulations and shall in scribe in the appropriate register the name, address and otl1er infor• mation wl1ich may be relevant concerning each person entitled to be registered pursuant to these Regulation s ; (2) i ssue registration certificates, licen ses and permits in accordance with these Regulation s ; (3) keep the aforementioned registers up to date and complete by: (a) ensuring th at every communication of change of address by a regis• tered per son is duly noted and the proper register duly a.mended; (b ) seeking all reasonable means to communicate with registered per• sons whose current address is in doubt and reporting to the Board any case in which it appears that the person .named in a particular regi ster no longer engages in the profession for which he is regis• tered.
6. Display of Licences Any person who i s registered and licensed pursuant to the Proclamation and those Regul �tions shall at all times di splay bis license i11 a conspicous place wherever he carries on the trade or profession for wl1ich the licence wa s granted. 7. Phartnacists A certificate of registration as a pharmacist and a licence to engage in tlie practice of pharmacy shall be granted to any person who: (1) ba s secured his pharmaceutical education in a sc}1ool or college of pharmacy approved by the Board. (2) is n�t le ss than twenty-one (21) years of ,lge fies the sati s ot]l erw and ise · · · · requirements of the Proclamation· a (3) � as not at _an�_ time- in any I?lace been convicted \'io l ria l ma te of any . t1on of legislat1on dealmg w�th the practice· of phar macy·;- an. d
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PUBLIC HEAT.TH
(4) sub �its t]1e registration fee set by the Minister and an application for a licence pursuant to the requirements of the Proclamation and is approved by the Board. 8. Druggists A cer tificate of registratio11 as a druggist and a licence to engage in tl1e activities of a druggist shall be granted to any person who: (1) satisfies such educational requirements as the Board may prescribe; (2) is not less than twenty-one (21) years of age; (3) has not at any time in a11y place been convicted of any material viola tion of legislation deali11g with the practice of pharmacy; and (4) st1bmits the registrati on fee set by the Minister and an application for a licence pursuant to the requirements of the Proclamation and is flpproved by tl1e Board. 9. Pharmacy Technicians Any person shall be registered as a pharmacy technician and shall be gran ted a licence to engage in the activities of a pharmacy technician who: (1) is not less than eighteen (18) years of age; (2) has not at any time in any place been convicted of any material viola tion of law; and (3) has attained a passing grade in the qualifying examination given by the Mini stry upon completion of a pharmace·utical tra ining and intern ship period in accordance with the requirements of the Board. 10. Rights and Duties of Pharmacy Technicians A pharmacy technician shall be employed in a hospital or similar institu tion approved by the Ministry. He sha11 at all times be under the supervision of ,t registered pharmacist or the medical prac titioner in charge of the institution wb () shall prescribe his duties. After completing five (5) years of such employment in a full time capacity he may apply for registra tion and licensing a s a druggist and, shall be deemed to have satisfie.d the ed11cational requirements therefor. -·
11. Rural Medicine Vendors
Any person _may be registered a s a rural medicine vendor and shall be ljcen sed as such who:· (1) is recommended by the Chief Pharmacist; (2) is at least twenty-one (21) yea.rs of age and h.as not been convicted of any material breach of the law; (3) satisfies such other requirements as may from time to time be esta blished by the Ministry; and . . (4) pays the registration fee set by th·e Minister.
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CONSOLlDATBD LAWS OF ETHIOPIA
12. Scope of Activity of Rural Medicine Vendors ns rso d pe fi� al! as rural medi qu of on ati istr reg the The Board may cine vendors wh o shall be authorized to sell to the public in those areas where suf ficient druggist shops and pharmacies are not available, such standardized pre p acked m.edicinal preparatio·ns as may be listed for such purpose by the Minis try. a pprove
CHAPTER III Business per1nits PART A - PHARMACIES 13. Requirement of Permit
No person shall establish, operate or maintain a pharmacy or in any way prepare, sell or distribute to the public medicinal preparation s, narcotics or poisons or other dangerous drug s included in the list referred to in Article 39 (1) hereof except pursuant to a permit for the operation of a pharmacy issued under Article 14 hereof; provided, however, that nothing in this Article 13 shall be deemed to restrict such limited activity in respect of m.edical supplies as is authorized by any other licence or permit issued un.der the se Regulations. 14. Conditions of Issuing Permit
The Minister shall issue a permit for the e stablishment, operation and ma nagement of a pharmacy on receiving satisfactory evidence that: (1) the pers on applying for the permit i s a pharmacist and will be the responsible manager of the pharmacy, free, in the administration of the technical aspects of the pharmacy, of the influence of persons who are not ph armacists ; provided, however, that where more than one phar ma.cist is to be employed in any one phar1nacy, the permit for that phannacy shall be issued to the pha.rmacist who has the greatest owner ship righ·ts in the pharmacy or, if such rights are equally distributed, to the pharm acist recognized by the Ministry a s senior, but such action sl1all not diminish the professional privileges and respo11sibilities of tl1e remaining phar1naci sts; (2) establishment of the pharmacy at the location proposed by tl1e applicant will _serve t?� _pu�lic interest in the development of adequate pharma ceutical fac11it1es m all parts of Ethiopia; (3) the ph_arrnacy will confor1n to specifications and requiren1 ents for equjp prescr1bed pursuant to these Regulations; and (4) the pharmacy will possess as a minimum stock all tl1e drugs named ilie by se pt1rpo t�e appropriate on_ list to be promulgated for this M101stry. PART B Druggist shops
d an s 15: The provisions of Article 13 and 14 hereof shall apply to druggist druggist s hops an alogous ly . as they do to pharmacists a nd plia_rmacies . ,
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PART C Rural medicine vendors 16. Rural medicine vendor permits, annually renewable, shall be granted -by tl1e Ministry according to rules established by tl1e Minister.
PART D l\rlanufacturing laboratories 17. Requirement of Permit
No person sl1all establish, operate or maintain a manufactt1ring laboratory unless he shall first l1ave obtained a permit therefor pursuant to Article 18 l1ereof. 18. Conditions of Issuing Permit Tl1e Ministry sha.11 issue a permit to a qualified person to establish, operate or maintain a manufacturjng laboratory, on receiving satisfactory evidence that: (I) tl1e person to whom the permit is issued will be in technical charge of the laboratory and is either a registered pharmacist possessing sufficient experience in tl1e manufacture of cosmetics or medical supplies or is approved by the Board as qt1alified by scientific and technical training and experience to perform such duties of supervisio11 as tl1e public well-being may require; the scope of the manufacturin.g activities permitted may be limited in sucl1 permit to accord with the extent of the supervisory qualifications of tl1e applicant; (2) the Board has investigated and approved the loc,ttion of the laboratory witl1 respect to cleanliness and sanitation, its proposed management. physical facilities, equipme11t for manufacturing and for cl1emical analyses, types of products proposed to be n1anufactured, personnel control procedures and sucl1 other details as the Minister may suggest; and. (3) the medical suppl�es to be manufactured or repackaged at the laboratory are likely to prove useful in the diagnosis, treatment or prevention of disease, and the cosmetics to be man.ufactured or repackaged therein are not likely to prove l1armf1tl in their use or application. CROSS REFERENCE .
llt1blic Health Proclamation, 6/12 (1947) P. 91, 30 Consol. l.J. Etfi. 3.
CONSOLIDATION NOTE Anicl. 24/11 (1965) L. 305 Art. 3.
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CON.SOLID�TED ifLAWS ©F BTf.11 l'@PIA
PART E Import of medical supplies 19. iRr'eqnirement of Rer,111it
No ]_!)erson shall imf)O , rt any medical _supply unl(}SS he sh·all first have obtamed the appropriate permit pursuant to Article 20 heFeof. CON'SOLUDATION NOTE Amd. 24/11 (1965) L. 305 Art. 3.
20. CoJ1ditions of Issuing Permits (1) The Minis�er shall issue a permit for the import of medical supplies to aay
person· who:
(a) submits to the Ministry a list of the medieal s·upplies €lr categ0ries · oJl medical supplies which he intends to import; (b) submits to the Ministry, in respect to e ach of the items referred to in subparagraph (a) above, a certificate from an appro·priate body in the country or origin of such item to the effect that such item is freely sold in said country of origin; (c) pays
a
fee set by the Minister;
(cl) complies with such other requirements as 1nay be imposed by law or by any international conve:ntion to which Ethiopia is a party; (2) Every permit issued pu.rsuant to this Article 20 shall incorporate as a part th.ereof a list of the na.rcotics or other medical supplies or categories thereof allowed to be imported thereunde.r. CONSOLIDATION NOTE Anid. 24/11 (1965) L. 305 Art. 3.
21. Restrictions The Minister may at any time withdraw or restrict or amend a permit for the import of medical supplies in respect of cert ain items if he is satisfied tl1at such items are no longer regularly imported under such per1nit. CONSOLIDATION NOTE Amd. 24/11 (1965) L. 305 Art. 3.
,
22. Additions
The Min_ister may at a�y tim� after th.e issuance of a per1nit for the import . of ��1cal _supplies ad� to the 11st of items allowed to be imported thereunder such add1t1onal items as satisfy the requirements set forth in. Article 20 hereof.
I
CONSOLIDATION NOTE Amd. 24/11 (1965) L. 305 Art. 3.
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PUBLIC HEALTH
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PART F Wholesalers of Medical Supplies 23. Requirement of Permit No person shall sell i � qua11tity 111 edica1 supplies ma11u£actured or imported by another, e�cept as otherwise authorized by licence or permit issued pursuant to these �egulat1on �, unless he shall first l1ave obtained a permit to act as a wholesaler of medical supplies purstiant to Article 24 hereof. CONSOLIDATION NOTE An·zcl. 24/11 (1965) L. 305 Art. 3.
24. Condition of Issuing Permit The Minister shall issue a permit to act as a wholesaler of medical supplies to a.ny person wl10 gives sufficient evidence of his reliability and pays a fee set by the Minister. CHAPTER IV Conduct of Pharmacies
25. Forbidden Sales Tl1e Minister may forbid the sale in pharmacies of any specified article or category of articles the sale of which would not be compatible with tl1e proper conduct of a pharmacy. 26. Supervision At all times when the dispensing or compounding of medicinal preparations is carried on, a pharmacy shall be under the personal supervision of a pharmacist who shall remain on tl1e premises; except that, when no· pharmacist is available on the premises, a pharmacy may, with the approval of the Ministry, be conducted as druggist shop under the supervision of a druggist for a limited specified period of time. CONSOLIDATION NOTE An1cl. 24/11 (1965) L. 305 Art. 3.
27. Hours The hours and times when any retail pharmacy shall be open or closed to the public shall be laid down by the Minister, havin.g regard to the public need in the particular area in which each pharmacy is situated. 28. Identification Each retail pharmacy shall have a clearly legible sign on the outside of the building as near to the main entrance as is practicable, stating in both Amharic and English the name of the Phar1nacy.
29. Referral Each retail pharmacy shall display at all hours when closed a clearly legible sign, illuminated at night, indicating the names, addresses a.nd telephone numb�rs of the nearest pharmacies which are open and on dt1ty at such time to provide Ph.armacy services to the public. - 1085 -
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C0Nsot1DA'BBD LAWS OF ETHIOPIA
30. Anangement ( �) A J.Dharmacy sh.a.ti be divided into a sales ,1rea me dicin.al ,reparations compounding area, storage area, and such other areas as are consistent wi�h the nequirements of the business. (2.) T�e section where m edicinal preparations com. pounding and dispensing is done shall lDe suitrubly sep1rated from the rest of the pharn1acy. (3) If a phar111acy maintains a laboratory, such laboratory shall be located in a room or rooms entirely separated from the place wher e retail sales are conducted.
I
(4) No part of a pharmacy shall be used for living or sleeping quarters. CONSOLIDATION NOTE Amd. 24/11 (1965) L. 305 Art. 3.
3 1. Fixtures The installation and fixtures of a pharmacy shall at all times conform to the specifications set out fFom time to time by the Ministry. 32. Equipment The Minister shall from time to tim.e prescribe tl1e minimum of professional and t echnical equipment, includ.iI1g the htest edition of the International Pharm.a copeia, which every pharmacy must possess. 33. Prescriptions All prescriptions shall be numbe red consecutively, dated an.d otherwise m.arked for ide nhification and retain.ed :in a separate file for a period of not less tha.n two (2) years with th.e exception of repeat prescriptions of eacl1 of whicl1 onl)1 a single copy need be retained. A copy of a prescription shall be given to the pur chaser if he so d emands. 34. Dispensing of Narcotics (1) No pharmacy shall dispenre a medicinal preparation containing a narcotic, except according to a prescription. (2) No prescription for or inclucii1g any 11arcotic s h. aJl be met which d.oes n.ot fulfil the following requirements: (a) it shall have been legibly written and signe d by a person included in the current list circulated pursua11t to Article 71 hereof of persons authorized by la·;v to write prescriptions, whose name and address shall b e printed Dr l egibly written on the prescription. (b) it shall b ear the name, aie· and address of the patient; and he t of y qualit e dat of r a be· all sh th. (c) it _ � prescribing, the stren.gth and med1caments prescnbed a.nd clear directions for use. - 1086 -
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PUBLIC HEALTH
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(3) A sep�r�te prescription must be presented 011 each occasio11 on wl1 ich. a. med1c1na 1 preparation containing a narcotic is requested. ( 4) All _prescriptions for 11ttrcotics shall be retained i 11 a separate file for not less than_ five .\?) Y_ears and shall be properly numbered, dated and marked for 1dent1f1cat1on. No copy of any such prescription shall be made. \
CONSOLIDATION NOTE
1-1111cl. 24/11 (1965) L. 305 Art. 3.
35. Purchases and Records of Narcotics (1) No pharmacy shall obtain narcotics from any source other than the Central Medical Stores Corporation. (2) Every pharmacy shall keep a record of all narcotics taken into stock and retain all invoices for narcotics in a chronological file for not less than five (5) years. CONSOLIDATION NOTE
A111cl. 24/11 (1965) L. 305 .Art. 3.
36. Storage of Narcotics All narcotics shall be stored in a strong locked metal container, the key to which shall at all times remain in the possession of a pharmacist. 37. Inventory of Narcotics All pharmacies shall on forms provided by the Ministry submit to tl1e Ministry an inventory of narcotics in their possession at .iJ1 tervals set by the Ministry. 38. Disposition of Narcotics on Cessation of Business Whenever a pharmacy ceases to operate as a business, dispositio·n of ,tll records and files relating to narcotics and a.ll stocks of narcotics shall be made in accordance with the directions of the Ministry. 3 9. Dispensing and Storage of Poisons and Other Dangerous Drugs (1) No pharmacy shall dispense a preparation containing any poison or other dangerous drug which may be specified in a list prepared from time to time by the Ministry for this purpose and circulated to all pharmacies except according to a prescription or such regulations governing the sale of poisons or other dangerous drugs as may be issued by the Minister. (2) The list referred to in paragraph (1) of this Article 39 may stipulaie that certain poisons or othe.r drugs therein n,tmed shaill be stored in a locked cabinet. - 1087 -
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J I:A I'IJOJ CONSOLIDATED LAWS OF ET
CHAPTER V Conduct of druggist shops
40. For.bidden Sales The Mmister may forbid the sale in druggist shops of _aimy sl? eeified article or category of articles the sale of which would not be compatible Wiltn tbe proper conduct of a druggist shop. 41. Scope of Activjties No person employed or present in a druggist shop shall be permitted to compound a medicinal preparation according to a prescr�ption, nor to prcepare, ma nufacture or prepackage any medicinal preparation or poison; provided, ho\vev er, that :nothing in �Iris Article 41 sha ll be deemed to limit the right of a druggist to d1spense such part of any prescription as shall specify a prepackaged, unopen.sed medicin.al pre:(i)aration. CONSOLIDATION NOTE Amd. 24/11 (1965) L. 305 Art. 3.
42. Supervision A druggist shop shall at all times when open for business be under tl1e personal supervision and management of a druggist who shall remain on the prennses.. 43. Hours, Identification and Referral Articles 27.,29 inclusive hereof shall apply analogously to druggist shops. 44. Arrangement No pa.rt of a druggist shop shall be used for living or sleeping quarters. 45. Narcotics No narcotics s11.all be possessed, handled, stocked or sold by or in a druggist shop. CONSOLIDATION NOTE A,n.d. 24/11 (1965) L. 305 Art. 3.
46. Dispensing and Storage of Poisons and Other Dangerous Drugs Subject to the limitation imposed under Article 41 hereof, the provisions of Article 39 hereof shall apply �a1ogously to druggist shops a11d prescriptio.ns filled pursu a nt thereto shall be kept m accordance with Article 33 I1ereof.
CHAPTER VI Conduct of Manufacturing Laboratories
4 7. Supervision A m�ufactu�g laboratory shall in all matters pertaining to the_ . n1anufac � (Jf tll n v1s1o its kagmg of products c be under the management and super ture or pa -- 1088 -
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per�on �o wl1om a permit is i�sued pt1rsuant to Article 18 l1ereof. Such perso11 sl1 all ord�arily b e pr �sent at all t1rnes wl1e11 manufacturing or packaging activities are carried . on; prov1cled, l1owe ver, tl1at in tl1e ev ent of l1is absen.ce sucl1 activities shall b e carried on on]y tinder the supervision of a qualifie d and approved st1pervisor. CONSOJ.,IDATION NOTE . ;\1r1cl. 24/11 (1965) L. 305 Art. 3.
48. Biological Preparations Any ·manufactt1ring laboratory whicl1 engages in the manufacture of biological preparations sl1all be subject to such special regulations concerning the productio11, storage, l1a11dling a11d distribution of biological preparations as the :Minister 1nay issue. 49. Sterile Products All sterile medicinal preparations sl1all . be manufactured a.nd sealed into ampules or vials in a se parate solution roo1n reserved solely for the manufacture of such preparatio11s, ,ind all sterile medical st1ppli es such as sterile surgical dressings shall be simila rly pre_pared and packaged under conditions sufficient effectively to guard the.n1 against contamination. CONSOLIDATION NOTE A1ncl. 24/11 (1965) L. 305 Art. 3.
50. Manufa.cture of Narcotics T11e Ministry n1ay a.uthorize an establishment to manufa.cture specified medicinal preparations of limited narcotics content subject analogously and insofar as relevant to tl1e provisions of Articles 35-38 inclusive her eof. CONSOLIDATION NOTE Arne/. 24/11 (1965) L. 305 Art. 3.
51. Prohibition of Certain Manufactured Preparations The Minjster may from time to time forbid the manufacture for use, sale or distribution of any medicinal preparation on recommendation of the Pl1armacy and Laboratory Department that such preparation is or is likely to prove injurious or l1armful. . CHAPTER VII Standards
PART A - DEFINITION 52. TI1e standards of quality in all medicinal _preparations shal� in the p11blic interest be tl1ose of the latest editio.n of the International Pl1armacope1a or any other specified pharmacopeia or formul? rly insofar as, sue�. other pharmacopeia or for,mulary l1as been approved for this purpose by the M1mster. - 1089 -
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CONSOLIDATED LAWS OF ETI-1 IOPIA
PART B - LABELS AND LABELLING 53. Requirement Every medicinal preparation manufactured, prepared, compoun.ded, dispen s ed or sold shall bear a distinctive label on its container. 54. Prescriptions The label of any medicinal preJ_llration dispe11sed according to a prescrip tion shall bear th.e name and address of the dispensing pharmacy, the date of dispensin.g, the patient's name, the directions for use and the prescriber's name. The directions shall be typed or legibly haniwritten in either Amharic or English as may be appropriate. 55. Extemporaneous Preparations The label on th.e container of any medicinal preparation which has been prepared extem,poraneously shall bear, in Amharic or English as may be appro priate, the name of the preparation or cf its ingredients and the amounts of such ingredients. 56. Prepared Items The label on a drug or medicinal preparation which is in its original container and is sold to the public withc,ut prescription must bea.r the name and address of the establishment at which it is sold, the name of the pre_paration, the active ingredients and their amounts and directions for use. 57. Nomenclature The nomenclature used in any label on any medicinal preparation shaJJ includ.e the name or names set out for tle preparation in the pharrnacopeia in use pu,rsuant to Articles 32 and 52 11ereof. 58. Prohibition No person shall manufacture, prepare, sell, package or possess with irttent to sell a.ny cosm.etic or medical supply which is adulterated or mislabelled. CONSOLIDATION NOTE Amd. 24/11 (1965) L. 305 Art. 3.
59. Adulteration For the purpose or Article 58 hereof, an item shall be deemed adulterated if: (1) it contains any . substance not authorized in tl1e pharn1acopeia in use pursuant to Articles 32 and 52 hereof; or (2) It is a medicinal preparation and any substa11ce has bee11: (a) mixed or placed therewitl so as to reduce its quality or strengtl1 as stipulated on the label; or (b) substituted wholly or in part therefor. 60. Mislabelling if: d elle Article of 58 mislab purpose hereof, the an item shall be deemed Fo.r - 1090 -
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e, or label, or any written, prjnted or graphic matter upon such label or any of its containers or acco1npanying such item bears any statement, design or device regarding st1ch iten1 or any ingredie11t or su�stan�e therein contained which is false or misleading or makes false claims 1n respect of sucl1 ite1n, ingredie11t or substance; (2) i t is falsely labelled as to tl1e cot111try where it was mant1facturi.!d or produced; or (3) i t is an inferior imitation of or is offered for sale t1nder the name of another iten1.
PART C - ADVERTISING 61. (l) The MiJ.1ister shall from time to ti111e in tl1e pt1blic interest devise and publish standards for advertisements concerning medical supplies. (2) No person shall cause any advertisement concerning a medical stipply to be publisl1ed, whether in writing, print or by word of mouth, direct or reproduced, wl1ich deviates fron1 standards set out pursuant to paragrapl1 (1) of this Article 61 or which is in any way rnisleadi11g to tl1e public as to t11e value or effect of sucl1 medical supply.
PART D - EXAMINATION AND PROHIBITION OF MEDIClN-,\r_J PREPARATIONS 62 . TJ1e Ministry shall have the right to examine any medicinal preparation, regard.less of its country of origin, and to forbid tl1e sale or distribution of any sucl1 preparation wl1ich fails to conform with the standard of quality set out on tl1e label thereof or falls short of a11y standard of quality wl1ich the Minister may establish pursuant to Article 52 hereof, or wl1icl1 fails to accord witl1 any declarations made by a seller of such preparations with respect to tl1e properties thereof, or is adulterat ed or mislabelled.
PART E - NEW AND EXPERIMENTAL 1'IEDICINAL PREPARATIONS CONSOLIDATION NOTE A111cl. 24/11 (1965) L. 305 Art. 3 (Parts D, E a11cl F are redesig11atecl as parts C, D and E respectively a11d the title of Part E is replaced).
63. Definition of New lVledicinal Preparation ''New Medicinal Preparation'' shall mean a.ny medicinal preparation which was neither imported into nor manufactured in Ethiopia prior to the entry into force of tl1ese Regulations. CONSOLIDATION NOTE A111d. 24/11 (1965) L. 305 Art. 3.
64. Authorization to Use The Minister shall upon the advice of the Board authorize recogn.ized experts to investigate the safety and therape�ti� eff� ct � f new � e�icinal p�epa� atio� s prior to their being offered for sale or d� stnbut1?n !-n Ethiopia. Nothing 1n �1s Article 64 shall be deemed to limit the ethical obligat1ons of any such expert usmg or proposing to t1se such new medicinal preparations. CONSOLIDATION NOTE A1nd. 24/11 (1965) L. 305 Art. 3.
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CONSOLIDA.TED LAWS OF ETI-IIOPIA
CHAPTER VIII STORAGE OF MEDICAL SUPPLIES 65. Separate Facilities No medical supply sl1all be stored in any storeroom in wh�cl1 a11y article or articles are stored which are not deemed suitable for sale or h,1ndl1ng by a pharm acy or druggist sl1op pursuant to these Regulations. 66. Special Conditions of Storage All 111edical supplies for which special conditions of storage are set out by the manufacturer shall at all times be stored under such conditions. 67. Inspection of Storage Facilities An inspector appointed pursuant to Article 70 hereof may at any time inspect any ·storage facilities for n1edical supplies and report to the Ministry regarding defects in sucl1 facilities, botl1 in failure to meet specific requirements for the sto rage of pa,rticular medical supplies and in failure to provide sufficient protection against tl1e weather, animal pests, or tampering with sucl1 supplies by unauthorized persons. The Mi11ister sl1all, in accordance with the law, take all steps necessary to bring about an elimin.ation of such defects. CONSOLIDATION NOTE A111d. 24/11 (1965) L. 305 Art. 3.
CHAPTER IX MISCELLANEOUS 68. Repacking of Medical Supplies Except as is otherwise provided in these Regulations, no person sl1all open or permit a.n)' container of medical supplies to be opened for the purpose of repacking such sL1pplies in otl1er containers save in the presence and tinder the supervision of a pharmacist, and no repacking of sucl1 sup1)lies into new containers shall be undertaken save in tl1e presence and under the supervision of a pl1armacist. 69. Samples of l\1edical Supplies All medical supplies im1)orted for distribution free, as san1ples, and for wl1icb exemption from import tax . duties is granted on this ground, sl1,lll bear in Englis11 and Amharic the legend ''N OT FOR SALE'', and no· l )erson sl1,1ll release or deliver to any other person any such sample wlticl1 does not bear suc11 legend. 70. Inspection For tl1e purpose of enforci11g these Regulations, the Minister sl1all appoint a duly qualified p�rson or person. _ s to carry ot1t inspections of phar1uacies, drt!�gi5l sl1ops, manufacturrng laboratories and all other establishments in a11y way auxiliary to tl1e _ ultim �te sale or djst �ibt1tion of medical supplies. The extent and nature of such mspectrons shall be 1n accordance with these Regulations and such other rules as may be established by the CJ1ief Pl1armacist and published by the Ministry. CONSOJ.,IDATION NOTE An1cl. 24/11 (1965) L. 305 Art. 3.
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71. List of Persons Authorized to Prescribe
On or bef �re the 15th of September in each year the Ministry shall circulate to .all pharI?a�1es and druggist shops a jst of all persons autl1orized by law to wr.1te prescr1pt1ons. 72. Control of Narcotics
Anything herein to_ th � contray notwithstanding, the growing, manufacture and movement of 11arcot1c� 1n Ethiopia, in::luding the import, distribution, sale and s_hall ?e s11bJect to such measures of control as the Minister may �se thereof, _ impose m sat1sfact1on of the req11irement5 o:f the Single Convention on Narcotic Drugs, 1961. CONSOLIDATION NOTE f\c/dec/. 24/ 11 (1965) L. 305 Art. 3.
CHAPTER X SUSPENSION AND REVOCATIO� OF LICENCES AND PERMITS 73- Grounds
Any licence or permit issued pursuant to these Regulations may be suspended, revoked or restricted by the Minister 11pon recommendation of the Board where: (1) the licence or permit is proved to lave been obtained by fraudulent means; (2) the person concerned is convicted by a co1npetent court of violating the provisions of these Regulations; (3) the Board determines that the per�on concerned has been guilty of unpro fessional or infamous conduct; (4) the person concerned represents a danger to the public in the course of practising his profession or perfonning other activities pursuant to these Regulations, either by reason of any physical defect or a state of mental ill-health, whether permanent or periodic, either arising from disease naturally occurring or due to intemperance in the use of alcohol, narcotics, barbiturates or other substances, or by reasons of manifest professional incompetence; (5) the person concerned atteml? ts in any_way to practis_e_medicJ? e by diagnos ing, prescribing for or treating any disease or condition or m a.ny way by injection or otherwise administers_ any narcotic or me�icinal preparati?n; provided, however, that no genu!Ile attempt to p �� v1de emergency first aid shall be considered an attempt to practice medicine; or (6) the person concerned prepares and sells any medicinal preparation which is found by the Board to have beeJ adulterated or mislabelled or to have been the subject of false or misletding claims. CONSOLIDA T:ON NOTE Renu111. 24/11 (1965) L. 305 Art. 3.
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CONSOLIDATED LAws OF ETHIOPJA
74. Procedure
(I) Any co.mplaint raised under Article 73 hereof shall be heard and deter mined by the Board, if the P1armacy and. Laboratory Department so recommends following an investigation. (2) Any person against whom such a complaint is raised shall be notified of the charges against him when tle investigation is undertaken but in any event at least thlrty (30) days before the Board is first scheduled to hear the case. (3) Where the Minister, on recommendation of the Pharmacy and Laboratory Department, considers that the rontinued practice or professional activity of the person against whom a complaint has be raised constitutes, prima facie, an imminent danger to tre public, he may summarily suspend or restrict any relevant registration, licence or permit issued to such person pursuant to these Regulations, until such time as the Board can meet to hear the complaint but in no event for more th.an thirty (30) days. Such suspension or restriction may be reinstated or extended by the Board as from the time it first meets to heir the complaint and ma.y remain in force until conclusion of deliberations by the Board bt1t in no event for more than thiry (30) days following commencement of the hearing. (4) If the. person against whom a complaint has been raised should fail to appear before the Board on the date scheduled for its first meeting to hear the. complaint, the Board sl1all set a second date for such a hearing to take place not less than ten (10) days nor more than thirty (30) days after the first date scheduled for such hearing a.nd sl1all again notify such person and may order continu1ation or reinstatement of any summary suspen sion or restriction imposed by the Minister for the interim. (5) If the person against whom a complaint has been raised fails to appear before the Board on the second chte on which a hearing of such complaint has been scheduled, the Board s:1all proceed to hear and detertnine such complaint in his absence. CONSOLIDA110N NOTE Renum. 24/11 (1965) L. 305 Art. 3; an1d. 24/11 (1965) L. 305 Art. 3.
CHAP1ER XI FINAL 75. Penal
Any person who acts in contraventicn of tl1ese Regulations sl1all be guilty of an offense and upon conviction by a conpete11t court shall be subject to punish ment in accordance with the Penal Code or Article 13 of tl1e Proclamation. Rerit1n1..
CONSOLIDATION NOTE 24/11 (1965) L. 305 Art. 3.
CROSS REI:.-ERENCE Medical Practitione�s Registration Proclaniation, 8/1 (1948) 1). 100 Art. 13. 'fl1e Articles of t11e Pe11al Code referred to appeai- to be prin1arily' Pen. c. 16/Ex.l (1957) Arts. 428, 508, 510, 518 - 519, 738, 785 - 786.
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76. Application of Regulations to Existing Licences
Any licence . or pe :mit provided for lll these Regt1lations a11d issued p11rsua11t to the Proclamation prior to the coming into force 11ereof shall remain in full force and effect and shall be subject to tl1e p�ovisions of these Regulations as though issued pursuant hereto. CONSOLJDf\.TION N01"E Re11.i1111. 24/11 (.1965) L. 305 Art. 3.
77. Entry into Force Tl1ese Regulations shall enter into force upon tl1e date of their publication in tJ1e Negarit Gazeta, except that persons engaged as of sucl1 date in activities for which the requirement of licence or permit is imposed for the first time by these Regulations shall have ninety (90) days from such date in which to obtain such licence or per1nit. CONSOLIDATION NOTE J�e,1un1. 24/11 (1965) L. 305 Art. 3.
Done at Addis Ababa this 17th day of June, 1964.
18 / 6 (19:9) 0. 22* AN ORDER TO PROVIDE FOR THE ERADICATION OF MALARIA IN ETIDOPIA CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS, malaria is a disease which is prevalent in many pa.rts of Ethio pia, and the health and efficiency of maDy of Our people is seriously undermined thereby; and WHEREAS, the results of the scientific surveys which have been made have demonstrated that total eradication·of mEla.ria is possible if the fullest use is made of modern equipment and trained persomel; and WHEREAS, the eradication. of malaria is a matter of great national impor tance; NOW, THEREFORE, in accordance with Article 27 of Our Revised Consti tution,. and upon the advice of Our Council of Ministers. We hereby order as follows: • INTRODUCTORY FOOTNOTE I,npl. amd. 21/3 (1961) 0. 23.
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I. This Order may be cited as the ''Malaria Eradication Order, 1959''. 2. There is her6by e s~ tablished in the Ministry of Public Health a Malaria Eradication Service which shall be under the direction of the Minister of Public Health. The Malaria E.radication Service shall comprise: (a) a Director General. appointed by Us, who shall be directly responsible to the Minister for the execution of policies and enforcement of the regulations approved and promulgated by tl1e Minister pursua.nt to this Order; (b) an Advisory Board, consisting of not less than five (5) members appointed by Us, wl10 shall provide advice on policies and administra tion of the Malaria Eradication Service; each international agency participating in the Malaria Eradication Programme shall be repre sented by one (1) member on the Advisory Board; and (c) a staff, directed by the Director General, subject to supervision by the Minister, which shall provide administrative and enforcement services for tl1e proper carrying out of policies and regua.ltions; such employees sl1all be employed for definite terms. 3. The Malaria Eradication Service shall: (a) institute a malaria eradication programme with the object of eradicating malaria from Ethiopia within the shortest practical period of time; (b) prepare an annual budget to defray the expenses of tl1e Programme; such budget shall be in such amount as to eliminate any possibility of an interruption of the execution of the Programme; (c) take such steps as are necessary to insure the availability of st1fficiently trained personnel to carry out the Programme; ·a.nd (d) take appropriate steps to persuade Our people living in infected areas to co-operate fully in the implementation of tl1e Programme. 4. Our Minister of Public Health shall have power to: (a) recruit the staff of the Malaria Eradication Service; 11e shall have power to hire and discharge all staff personnel, and for this purpose may fix emoluments and conditions of employment. (b) accept contributions from all sources, including governments and inter national organizations, whether in cash. kjnd or personnel service, for the ptrrpose of carrying out the Programme, and to negotiate, for approval by the Government, agreements in connection therewitl1; (c) commit the budget of the Mala.ria Eradication Service for supplies, equipment and services, and to cause funds to be disbursed in payment therefor; and - 1096 -
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(d) delegate his powers and authority, or a part of them, wl1ether derjved fron1 this Order or from agreements entered into by tl1e Malaria Era dication Service or tl1e Govern1nent i11 carryjng out tl1e purposes of tl1is Order. CONSOLIDATION NOTE ltnJJl. cuncl. 21/3 (1961) 0. 23 Arts. 9, 26, 8 Cotzsol. L. Eth. 2-9, 26. (The power of tl1e to l1ire and cliscl1arge staff for the Malaria Eradication Service Mi11ister of Public I Iealtl1 ,vas i111pl. a111cl. by tl1e creatio11 of the Ce11tral Persoru1el Agency. Under the ne,v law no appoi11tn1e11t or l)Oro111otion to a11d belo\.v the rank of Assistant Minister s11 all be made ,vitl1out the co11sent of tl1e Agency. Disn1issals., on grounds of inefficiency must be made by a forn1al procedure).
5. For tl1e purpose of eradicating malaria in Ethiopia, employees of tl1e Malaria Eradication Service, wl1en properly at1thorized by the Minister of Public Health or l1is autl1orized deputy, may enter, without liability, any premises in Ethiopiďż˝. 6. Every individual in Ethiopia shall have the duty to permit properly aut11orized representatives of tl1e Malaria Eradication Service to take blood films and to accept treatment for malaria . 7. Every individual withiq Etl1iopia who suspects or knows of the existence of a case of malaria shall notify tl1e Malaria Eradication Service or the police witl1 respect thereto. 8. Our Minister of Public Healtl1, upo11 the recommendation of the Advisory Board, and through appropriately at1tl1orized e1nployees of tl1e Malaria Eradication Servjce, is empowered to take all measures fo11nd necessary for the eradication of malaria and, in particular, to (a) declare particular areas to be 111alaria-infectecl; to submit to within a malaria-infected area (b) require all or any persons . exami11ation and treatment as prescribed or provided by the Malaria Eradication Service; (c) remove a person from _a malaria-infected area for_ treatment elsewhere; .
(d) drain swamps, pits, ponds, lakes or other bodies of water for the purpose of eliminating breeding places for malaria-carrying mosquitoes; . (e) spray with insecticide l1 ouses and buildings and any area likely to harbour malaria-carrying mosquitoes; and (f) take other meas11res calculated to destroy n1alaria-carrying mosquitoes and their larvae.
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CONSOLIDATED LAWS OP ETHIOPIA
9. Our Minister of Public Hea1th shall have power by regulation or by order require the occupant of any premises to carry out on the premises occupied by him the measures for malaria eradication referred to in sub-sect, ion (d), (e) and (f)• of Aliticle 8 hereof. 10. Any person who violates any provisions of this Order or regulations or orders issued thereunder is punishable in accordance with the provisions of Article 785 of the Penal Code of Ethiopia of 1957. CROSS REFERENCE Pen. C. Ex. 1 (1957) Art. 785.
11. This Order shall come into fcrce upon the date of its publication in the Negarit Gazeta. Done at Addis Ababa this 28th d.iy of February, 1959. 19 / 11 (1960) 0. 22*
AN ORDER TO PROVIDE FOR THE ADMINISTRATION OF THE HEALTH �AX CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELASSIE I ELECT OF GOD, EJvIPEROR OF ETHIOPIA WHEREAS, it is necessary to make provision for the administration of the public health services to be established and maintained with revenues derived from the health tax; NOW, THEREFORE, in accordance with Article 27 of Our Revised Con stitution, and on the advice of Our Council of Ministers, We hereby order as follows: I. This Order may be cited as the ''Health Tax Adn1i r1 istration Order, 1960". 2. The health taxes collected by tl1e Ministry of Finance and appropriated to the Ministry of Public Health shall be expended by said Ministry for the purpose of expanding and improving public he,lth facilities throughout Our Empire. 3. (a) There is hereby constituted an Advisory Bo,ard o:f Health (hereinafter the ''Board'') which shall consist of Our Minister of Pt1bljc Health and five (5) persons appointed by Us. The Board. shill meet at least 011 ce each montl1 under the chairrr1ansl1ip of Our Minister of Public Healtl1. The Board sl1all adopt rules gov erning iits procedures. r
* IN fRODUC10RY FOOTNOTE A;111d. 22/22 ( 1963) 0 • 31. Otte to an error in 11umberi11g _ Malaria Erad1cat1on appea.rs at 18/6 (1959), 30 Consol. L. Eth.
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(b) The principal f11nction of the Board shall be to prepare, review and approve programn1es _for tl1e expa11di11g and i m proving of public 11ealtl1 facilities through?ďż˝ t Our Emp1re_ and for tl1e expenditure of healtl1 taxes appropria ted to Our M1111stry of Public Health in the manner most calculated to achieve the purpose of this Order. The Board sl1 all have authority to co-opt such experts as may be necessary for the discl1argiI1g of fits functions. 4. Tl1e _Provinci al Advisory I-Iealth Cou11cils created pursuant to Article 11 of Proclamation No. 91 of 1947, as amended, shall be responsible for the reviewing of prog!ammes by the Board and for the preparation and submission to the Board for review and a pproval by i t of programmes designed to expand and improve public 11ealth facilities in their respective provinces. CROSS REFERENCE Public' 1-Jealth Procla111ation, 6/12 (1947) P. 91 Art. 12, 30 Consol. L. Eth 3-11.
5. (a) For the purposes of this Order, the members hip of each Provincial Advisory Heal th Council shall be increased by one member to be selec ted by the members of the Chamber of Deputies, to represent that Teklay Ghizat from which s11cl1 Deputies are selected pursuant to Proclamation No. 152 of 1956, as amended. (b) The m ember of each Council selec ted purs uant to paragraph (a) of this Article 5 shall serve for fo11r (4) years an shall be eligible for selection again. CONSOLIDATION NOTE An1cl. 22/22 ( 1963) 0. 32 Art. 2. Tl1e text refers to Proclamatio11 156, bt1t the reference is clearly to Chamber of Deputies La,v, 15/12 (1956) P. 152, which was repealed by 28/15 (1969) P. 264, 4 Co11sol. L. Etli. 1.
6. For the purposes of this Order, the duties of each Governor General and each Provincial Health Officer shall be those set forth in Articles 9 and IO of Proclamation No. 91 of 1947, as amended. CROSS REFERENCE Public Health Proclamation, 6/12 (1947) P. 91 Arts. 9-10, 30 Consol. L. Eth. 3, 9-10.
7. OuT Minister of Publiďż˝ Heal-th is autorized to issue regulations concerning the establishment and administration of the public health organization created here.under and, generally, for the better ca rrying ou t of the provisions of this Order. 8. This Order shall come into force on the date of its publication in the
Negarit Gazeta.
Done a t Addis Ababa this 28th day of July, 1960.
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Section 31
CHURCH AFFAIRS 2 /3 (1942) D. 2 A DECREE ESTABLISHING REGULATIONS FOR THE ADMINISTRATION OF THE CHURCH CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS, We have in mind Article XI of O,ur Constitutio11; AND WHEREAS, We have noted and approved the proposals which the Ecclesiastical Council has considered and put forward concerning the adminis tratio11 of the Church; We hereby promulgate the attached Regulations concerning the administration of the Church. CONSOLIDATION NOTE The Constitt1tion referred to here is the Constitution of 1931. This Constitution was repealed and replaced by the Revised Constitution of 1955, 15/2 (1955) P. 149, 1 Consol. L. Eth. 1. The Article of the Revised Constihttion parallel to the citec1 Article of the I 93 l Consti tution is Article 127.
ARTICLE 1 Scl1edule of the Landed Properties of tlze Cl1urch There are many kinds of landed properties and fiefs of the Church. There is landed property called ''Ri,11'' or ''Qalacl'' which was given to tl1e clergy for the service of the Church. There is landed property known as ''Gebar'', ''Melke11.girzat" or ''Qalad'', which was given as fiefs to the ''Alaqas'' a11d ''Gabazes''. Tl1ere are landed properties w,hich belonged to officials, ladies and. other people wl1icl1 have been transferred with the approval of the Government and become the landed property of the Churcl1. These and such like properties are grou1Jed together and are called the landed properties and fiefs of the Church: accordingly as prescribed in Article 2, the tax wl1ich is payable on them shall be used for the maintenance of the Chu.rcb. ARTICLE 2 The Tax to be paicl
011
the Landed Properties of tl1e Chi,rcli
'fhose who own landed properties, whether ''Rist''. fief or ''Melkengi11at", in 1the capacity of ''Alc1qa'', ''Gabaz'', ''Priest'', ''Deac·on'', ''Debtera'' or holder of a.ny other different office of this nature by which the Chu,rch is served, are to pay money to the Church, wltile the land and fiefs are in their possession, accord� ing to the rate of tax a·ssessed by the Government. - 1100 -
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ARTICLE 3 Fiefs 1-vl1icli have bee11. grc11itecl by the Governme11t to tl1e CJ1urch As prescribed i n Article 2, tl1e tax on land which was granted for any reason to the 1 e clergy, shall be \v�atsover Churcl1 the possession of , t l and l1as come into _ pa1d into the Cht1rcl1 Treast1ry and not be spent outside the Church. The money sl1all be spent for the extensio11 of the Cl1urch, for scl1ools and other charitable works. ARTICLE 4 TJ1e I nco111e fro111. tl1e fiefs of "Gabazes'' The ''Gabazes'' wl10 own fiefs sha.11 cease to provide feasts on tl1e Eve of Saints' Days 011ce or twice a year and to take thought for tapers, incense, offerings and all gifts of tl1is nature to the CJ1urch, and shall, while the fiefs are in their possession, pay tax to the Cl1urch at tl1e rate assessed by the Govem:ment for owners of fiefs. In like manner those wl10 own fiefs or ''Melkenginat'' charged with the expenses of providi11g feasts shall cease to provide feasts and shall pay to tl1e Church at the rate of tax assessed by the Gover11ment for the owners of fiefs. ARTICLE 5 ''Gabazes'' From tl1 e date on which these regulations come into force, the ''Gc1bazes'' who are owners of fiefs, wllile paying to tl1e Church at tl1 e rate assessed by the Govern ment for owners of fiefs as prescribed i n Article 3, sl1all ren1ain simply owners of their fiefs; tl1ey sl1all have no responsibility for the money paid in the nature of vows to tl1e Ark of the Covenru1t, for giving orders about and dividing tnt offerings given at memorial services for the dead, and for the key of the treasury. They are not to give orders to tl1e clergy jn consequence of their office. In the matter of the appointment to the office of ''Gabaz'', ''Alaqa'' of a ''Debir'', after receiving proposals from the Co11ncil, is authorized to select and appoint from the clergy a man of ability. ARTICLE 6 The Aclmi11istrc1tion of the Clergy The clergy who serve the Church shall be selected as having good character and ability; they shall be appointed in fixed numbers to each Church according to its requirement and shall be assigned � ork of which they are capable and shall . be provided with pay. They shall be reqt11red to comply with the following rules: (a) Clergy wl10 are assigned the servi�e of a Churcl1 shall serve only in tl1e ''Debir" to which they are assigned; (b) They are not allowed to undertake outside work of any kind; (c) T·hey can only be transferred to other _ parts with the appro��l of �; . Head of the Clergy, and cannot be assigned to two or three Deb1rs .
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ARTICLE 7 T/1e Allocation of Pay s fir the in , lass being rk wo f o ss cla � the tc � ng rdi co ac d Pay shall be allocate _ principal officers and teachers, in the second, pr1ests_ a11d_ oth er �n1sters who shall receive according to the characte1 of the place tn which they I1ve, whether town or count1 ry, high or lowlands.
ARTICLE 8 Th.e Custocly of the Landed Properties arzd Money of the Church The ''Alaqa of the Debir'' shal] be responsible for the collection of the money wluch is paid into the treasury of a consecrated Church for the Church as the result of vows, from donations, from offerings at memorial services for the dead and from every source of this n.ature, and for all other n1oney which the Church shall obtain from property- la.wfully inherited or which it receives by way of rent or produce from land and sites whic11 it has obtained by gift or purchase or any other n1eans or fron shops and dwelling places. This money shall be paid into the Church Treasury and shall be used for the administration of the Church. ARTICLE 9 All tl1e money which is received under Article I, 2, 3, and 4, above shall be deposited, as it is collected, in full in a treasury established by the Government especially for the Church. The officials shall be proposed by the Ecclesiastical Council a.nd appointed with the approval of the En1peror. ARTJCLE 10 Legal Jurisdictiorz The Cl1urcb bas a private jurisdiction over tl1e congregatio11 11nder whic11 it can deal with the members by way (}f confession a11d inflict penalties. Also it l1as power of order over the clergy who are members of its I1ot1sel1old, to keep peace by spirituaJ monitions. But in tJe matter of civil (temporal) jt1risdiction, the judges appointed by the Government sl1,1II gt1ard and maintain order. Tl1e Ecclesiastical Council may propose rren who are capable of (te111poral) civil jurisdiction, but ,fl1ey shall be appointed by tJ1e Emperor. NOTE OF DECISION Jurisdictio,i of religioi,s autl1ori1ies to dissolve religio11s marriages.
The Supreme Imperial Court affirmed a decision of t11e High Cotirt that a petition for di vorce by a person \Vho has entered into a religiot1s n1arriage must be referred to the religious authori ties. The pl1rase "Tl1e Cl1urch J1as a private jurisd iction over the congrega tion" was interpreted to inclttde iss11es relating to eccl es iastical marriages. Sl1ewa.n Giza\v Ingida Work v; Nigatt1 Yimer (Sttp. Imp. Ct., 1966), J. Eth. L., vol. 3, p. 390.
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ARTICLE 11
Appointment h � E:;clesiasti al Cou cil sh all select 1:' a nd IJropose men for appointment in � " De s , Gc,clan7s'� , b,r and Gattars" for the offices of. ''Alaqc1" , Teachers and . "Mcirz·oy 0 e 1a,, , and t.1le ap . po111tn1ent shall be made witl1 the approval of the Emperor.
ARTICLE 12
T/1e Establisl1111ent of t/1e New Regulations. ,.fh ese n e w Regulati o11s n1ade for tl1e adminis tratio11 of the Church shall be respected and carried out i n all th e Cl1urcl1es of the Ethiopian Empire. Th e Churcl1 is alwa.ys one Ch urch . Done at Addis Ab ab a this lOtl1 day of March, 1942. 3 / 12 (1944) D. 3
REGULATIONS FOR ESTABLISHMENT OF MISSIONS CONQUERING LION OF THE TRIBE OF JUDAH HAILE SELASSIE I ELECT OF GOD, EMPEROR OF ETHIOPIA WHEREAS, it is necessary to define cle arly the policy to be pur sued towards Miss ions s o as to effec t th e closest possible collaboration between this Government and Mi ss ions; and WHEREAS, it is the desi re of this Government that Missions should not dire ct th eir acti vi ties towards convertin.g Ethiopi an nationals from their own form of Christianity wh ich has exist, ed from the beginni ng of tl1e Christian era , but rather ttllat they sho·u ld conce11trate on non-christian elements of the population; and WHEREAS, it is desirable that the benefic ent effects of Missionary enter prises should be as wide spread as possible, while at the same time avo iding the overlappi ng in the same a.rea by Miss ions of different denominati ons ; THEREFORE, W e publish and proclaim the att, .acl1ed regulat ions concerning missionary activities i n Our Empire . 1. The present regulations shal l apply to all forei,g11 nlissions, whether or not already established in Ethiopia at the date of these regulati ons. 2. A Committee on Missions is hereby established under the presidenc y of the Minis ter of Edu cation and Fine Arts and consisti ng of the Mi nisters of Education and F ine Arts , Interior and Foreign Affairs or their duly designated repre sen tatives. Tl1e Minister of Ed,ucati on and Fine A11ts shall be guided in the execution of the prese nt regulations by the aforementioned Committee. 3. Every applica tion on behalf o� a_ Mi ssi?�ry Society for permission to_ �nter Ethiopi a for the purpose of establ1shmg M1ss1�ns .should be _s�nt to the M ��stry of Foreign Affai rs, which shall refe r s uch application for dec1s1on to the M1n1stry of Education and Fine Arts. - 1103 -
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4. (a) The Minister of Education and Fine Arts shall co11sider every such applica tion wltich he may in his e11tire iliscretion allo� o� ref use. When the Mi nister of Eduction and Fine APts allows an application he shall specify the area or the areas to wltich the applicant Missionary Society shall c onfine its activities. (b) In granting or refusing sucl1 applications, the Minister of Education and Fine Arts will consider whether or not any such applicant is a recognized or an established Missionary Society. (c) For the purposes of the present regulations a recognized Missionary Society is one enjoying an acquired experience and reputation in various parts of the world as well as adequrute financial mearis and staff. (d) An established Missionary Society is one established in Ethiopia before 1935 or subsequent to June 1, 1941. However, a Missionary Society which., althougl1 admitted to work in Ethiopia before 1935, acquired property during the period 1st Sept,ember, 1935 to 1st June 1941, shall not be considered established. 5. Within thirty d.ays of the date of the present Decree, every Missionary Society which already bas Missions es(ablisihed in Ethiopia shall tra11smit to the Minister of Education and Fine Arts full particulars of such Missions including the number of Missiona, ries en1ployed, together with their names, ages and nationalities, the area or areas iI1 which their Missions operate and the natL1re of their activities. 6. T'he Committee on Missions shall establisl1 regulations defining the areas in which Missions may operate or from which they are debarred. Such .areas will be known as ''Open Areas'' and ''Ethopian Church Areas''. 7. In establishing regulations under the preceding Article, the committee will be guided by tl1e following considerations : (a) Ethiopian Church Areas consist of those areas in which the inhabitants ad11ere predonlinantly to the Ethiopian Church faith; (b) Open Areas consist oE these areas of Ethiopia in which tl1e inhabitants are predominantly non-Christian; u (c) where the nature of the poplation makes it desir::1ble to do so, the Com mittee may establish Ethiopian Church Areas withi11 Open Areas and Open Areas within Ethiopian Churcl1 Areas. 8. Missions n1ay not be established in an Etltiopian Churcl1 Area for tl1e purpose of proselyting although they may be per11 titted to establish hospitals or non denominational schools therein. 9. Religions instntction in a Mission scl1ool or hospital i11 a11 Ethiopian Churcl1 Area shall be confined to tl1e p rinciples of Christianity commo11 to all Chris�an Churches. Sucl1 scl1ool or hos,p1tal ma. y be required by tile Minister of Edu ca tion of qual ers ified to ad�t teach , t o ples teach Cl1ri princ stian i ity acco rdin the g to . _ the Eth1op1an Church for such hours and at such times as the Minister may think fit. if in bis o:pinion such teachers are ne-eessary. 10. Missi� naries wl1o�e 1nissions l1ave adl1 ererits in an Ethiopian Church Area 1e tl ng hav� t�1e r1g�t of enter1ng such area for prea chi tl1e purp ose and of ;teaching _ Christian faith of their own denominatio11 to stich adhereiJts but may not engag e ' in proselyting. - 1104 -
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