Paged Hide, Skin and Leather Trade Act Cap. 359 - No. 19 ...

LAWS OF KENYA

HIDE, SKIN AND LEATHER TRADE ACT

CHAPTER 359

Revised Edition 2012 [1988]

Published by the National Council for Law Reporting with the Authority of the Attorney-General

www.kenyalaw.org

[Rev. 2012] CAP. 359Hide, Skin and Leather Trade

3 [Issue 1]

CHAPTER 359


ARRANGEMENT OF SECTIONS

PART I – PRELIMINARY

Section 1. Short title. 2. Interpretation.

PART II – BUYER’S LICENCE 3. Repealed. 4. Repealed.. 5. Conditions attached to a buyer’s licence. 6. Repealed.

PART III – EXPORTER’S AND IMPORTER’S LICENCE 7. Restriction on export of hides, etc. 8. Repealed. 9. Repealed.

10. Conditions for exporter’s and importer’s licence. 11. Repealed.

PART IV – REGISTRATION OF PREMISES 12. Premises used for drying to be registered. 13. Period of validity of registration certificate.

PART V – MISCELLANEOUS PROVISIONS 14. Appeals against decision. 15. Powers of inspection, etc. 16. Repealed. 17. Dispute on buyer’s grading. 18. Registration certificate. 19. Offences. 20. Rules. 21. Repeal of Cap. 359.


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CHAPTER 359


[Date of assent: 23rd December, 1987.]

[Date of commencement: 24th December, 1987.]

An Act of Parliament to amend and consolidate the Law relating to the trade in hides, skins and leather; to provide for the co-ordination and control of the trade and development of the hide, skin and leather industry; and for connected purposes

[Act No. 17 of 2006.]

PART I – PRELIMINARY

1. Short title

This Act may be cited as the Hide, Skin and Leather Trade Act, 1987.

2. Interpretation

In this Act, unless the context otherwise requires—

“buyer” means a person who buys, sells or otherwise deals in hides, skins or leather;

“calf skin” means the outer covering of a young or immature bovine animal;

“Director” means the Director of Veterinary Services;

“exporter” means a person who export hides or skins or leather or hides and skins or hides, skins and leather;

“exporters licence” deleted by Act No. 17 of 2006, s. 88;

“green hide” or “green skin” means a hide or skin which is not partly nor wholly dried, salted or tanned;

“hide” means the outer covering of a mature or fully grown bovine, equine, cameline or other domestic or wild animal of the larger kind;

“importer” means a person who import hides or skins or leather or hides and skins or hides, skins and leather;

“inspector” means a person authorized by the Director in writing to act as an inspector for the purposes of this Act or any rules made thereunder;

“leather” means a hide or skin with or without hair or wool which still retains its original fibrous structure more or less intact, and which has been treated so as to be imputrescible even after exposure to water;

“leather goods” means items or articles whose components or parts consist of leather and includes leather footwear;

“licensing officer” deleted by Act No. 17 of 2006, s. 88;

“preparation” includes the process of cleansing, fleshing, salting or drying, and “prepare” shall be construed accordingly;

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“skin” means the outer covering of a goat, sheep, pig, rabbit or any other domestic or wild vertebrate of the smaller kind;

“tanning” means converting putrescible raw hides and skins into leather. [Act No. 17 of 2006, s. 88.]

PART II – BUYER’S LICENCE

3. Repealed by Act No. 17 of 2006, s. 89.


5. Conditions attached to a buyer’s licence

In addition to any conditions which may be prescribed under section 20, every buyer shall—

(a) keep the hides, skins or leather purchased by him free from damage;

(b) buy and sell each hide by grade as well as by weight;

(c) buy and sell each skin by grade as well as by piece;

(d) buy and sell leather by grade as well as by weight or area depending on the tannage and type of leather;

(e) carry out the grading of the hides, skins and leather at the time of purchase to the satisfaction of an inspector; and

(f) keep proper books in English or Kiswahili in the manner prescribed. [Act No. 17 of 2006, s. 91.]


PART III – EXPORTER’S AND IMPORTER’S LICENCE

7. Restriction on export of hides, etc.

No hide or skin or leather shall be exported or imported except through a prescribed port or place.



10. Conditions for an exporter’s or importer’s licence

In addition to any conditions which may be prescribed under this Act, every exporter or importer shall—

(a) equip and maintain his premises to the satisfaction of the Director;

(b) carry out the grading of the hides, skins and leather to the satisfaction of the Director; and

(c) keep proper books in English or Kiswahili in the manner prescribed. [Act No. 17 of 2006, s. 95.]



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PART IV – REGISTRATION OF PREMISES

12. Premises used for drying to be registered

(1) No premises shall be used for the purpose of shade or suspension drying, wet salting, or for any other hides and skins curing methods until they have been approved as suitable for that purpose by an inspector, who, if he so approves, shall issue to the owner or occupier a registration certificate in respect of the premises.

(2) No premises shall be used for the purposes of processing hides and skins into pickled pelts or into any stage of leather tanning or finishing until they have been approved as suitable for that purpose by an inspector who if he so approves shall issue to the owner or occupier a registration certificate in respect of those premises.

(3) An inspector may—

(a) refuse to approve premises if, in his opinion, they are unsuitable for the purpose, or the owner or occupier or the persons employed therein are not capable of satisfactorily preparing hides, skins and leather in the prescribed manner;

(b) cancel or suspend the registration certificate in respect of registered premises if the hides and skins are not being prepared, dried or cured or tanned therein in a manner which is, in his opinion, satisfactory.

(4) A certificate of registration issued under this section shall be in the prescribed form.

13. Period of validity of registration certificate

A registration certificate issued under section 12 shall, unless earlier cancelled or suspended, remain in force until the 31st December of the year in which it is issued.

PART V – MISCELLANEOUS PROVISIONS

14. Appeals against decision

(1) A person aggrieved by the decision of an inspector under section 12 may, in writing, require the inspector to supply him with written reasons for the decision.

(2) Upon receipt of the reasons for the decision under subsection (1), the aggrieved person may appeal to the Minister in such manner as may be prescribed.

[Act No. 17 of 2006, s. 97.]

15. Powers of inspection, etc.

(1) An inspector, or any other person authorized in writing for the purpose by the Director, may at all reasonable times enter any premises in which a buyer or exporter or importer of hides, skins or leather carries on, or in which the inspector or other authorized person suspects him of carrying on, his business, or any premises registered under Part IV, or suspected by any inspector or other


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authorized person of being used for the purpose of preparing hides or skins or tanning leather or manufacturing leather goods for the purpose of ascertaining whether the provisions of this Act or of any rules made thereunder, or the conditions of any licence, are being observed, and may inspect any hides or skins or leather found on those premises and may take the hides, skins or leather as samples for the purpose of instituting any proceedings under this Act or under any rules made thereunder.

(2) A person authorized in writing for the purpose by the Director, if he has reasonable cause to believe that an offence has been committed under this Act or under any rules made thereunder in respect of any hides, skins, leather or leather goods, may take possession of those hides, skins, leather or leather goods or by order in writing, require the person in possession of the hides, skins, leather or leather goods to retain the hides, skins, leather or leather goods, and may inspect any hides, skins, leather or leather goods found in the vehicle or in the possession of that person.


17. Dispute on buyer’s grading

(1) Where the person who produces any hide, skin or leather for sale to a buyer is dissatisfied with the buyer’s grading, the dispute may be referred to a person authorized in writing for the purpose by the Director.

(2) The decision of the person to whom a dispute is referred under subsection (1) shall be final and binding on both parties, and the buyer shall, if he buys the hide, skin or leather pay the price appropriate to the grade as fixed by that person.

18. Registration certificate

No person shall store any hides, skins or leather except in the premises to which the registration certificate relates.

[Act No. 17 of 2006, s. 99.]

19. Offences

(1) No person shall sell or offer for sale, shall be in possession of, purchase, sell or offer for sale, any green or dried hide which is smeared with blood, dung or any foreign substance.

(2) A person who—

(a) for the purposes of sale, treats any hide or skin with any substance which is not specified by the Director by notice in the Gazette;

(b) treats or prepares a sun-dried hide or skin with the object of selling it as a shade or suspension-dried hide or skin;

(c) without the permission of an inspector, prepares, treats or cures any raw hide or skin with the object of selling it as leather or soaks, immerses or in any other way applies liquid to any hide or skin which has been partially or wholly dried;


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(d) without the consent of the Director, or of an inspector authorized for the purpose by the Director, removes, alters or defaces any mark or label made on or attached to a hide, skin or leather in pursuance of this Act or of any rules made thereunder;

(e) makes a statement which is to his knowledge untrue in an application for any licence required under this Act or under any rules made thereunder;

(f) contravenes any of the provisions of this Act or of any rule made, or of any lawful order issued, thereunder;

(g) deleted by Act No. 17 of 2006, s. 100;

(h) obstructs an inspector, or any other authorized person, in the exercise or his powers and duties under this Act or under any rules made thereunder,

shall be guilty of an offence.

(3) Nothing contained in paragraphs (a), (c) and (d) of subsection (2) shall apply to hides used for making harness for yoke oxen or for making thongs for securing domestic animals or for other domestic purposes.

(4) Any person who is guilty of an offence under this Act or under any rules made thereunder shall be liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding two years or to both.

[Act No. 17 of 2006, s. 100.]

20. Rules

The Minister may make rules generally for the purposes of improving the quality of hides, skins, leather and leather goods produced, prepared or sold in, or exported from Kenya, and without prejudice to the generality of the foregoing, for all or any of the following purposes—

(a) deleted by Act No. 17 of 2006, s. 101;

(b) requiring returns to be made by buyers, importers, exporters, leather tanners, and leather goods manufacturers and prescribing the person to whom, and the form in which the returns shall be made;

(c) regulating the grading and classification of hides, skins and leather, and defining the grades and classes thereof;

(d) regulating the manner and method of marking or labelling hides, skins and leather for export or denoting the grade, type and district of origin of the hides, skins and leather;

(e) prohibiting or controlling the movement of hides, skins, leather and leather goods—

(i) from one part of Kenya to any other part of Kenya; or

(ii) from any part of Kenya to any neighbouring country; or

(iii) from any neighbouring country through Kenya to any port or place of export;

(f) prohibiting, regulating and controlling the offering for sale or the buying or the export or import of any kind of hide, skin, leather or leather goods or any hide, skin or leather not prepared in the


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prescribed manner, or which is not in a prescribed condition, or which has been so mutilated by brand marks or damaged in any other way as to render it in the opinion of an inspector unfit or unsuitable for sale, purchase or export or import;

(g) providing for the imposition of a cess or tax on hides, skins, leather and leather goods, either generally or on any specified grade or class or type of hides, skins or leather or leather goods;

(h) prescribing the conditions under which a person may deal in green hides and skins and regulating and controlling the issue of, and prescribing the conditions to be attached to, any licence for buying or dealing in green hides and skins;

(i) regulating the prices to be paid to producers for the various grades and types of hides, skins and leather;

(j) regulating the relationship between the prices to be paid for the various grades of hides, skins and leather;

(k) prescribing, regulating and controlling the methods which may or may not be used in preparing hides and skins;

(l) defining the meaning of shade or suspension dried hides and skins;

(m) prescribing the method to be employed in the treatment of hides and skins with the object of preserving them or of improving their general quality, either before or after they are dried;

(n) requiring buyers, exporters and importers in specified areas to—

(i) keep registers;

(ii) preserve the registers for a period of not less than five years from the date of the last entry therein; and

(iii) produce the registers for inspection when called upon to do so by an inspector;

(o) prescribing the ports or places through which the export and import of hides or skins or leather or leather goods shall be permitted;

(p) prescribing the method to be employed for the marking or labelling of shade and suspension dried or salted hides or skins indicating the actual place of origin.

(q) prescribing the condition under which a person may deal in semi-processed and finished leather, and regulating and controlling the issue of, and prescribing the conditions to be attached to any licence for buying or dealing in semi-processed or finished leather;

(r) prescribing anything required under this Act to be prescribed;

(s) providing for the establishment of an advisory body to oversee matters incidental to the processing of and trade in hides, skins, leather and leather goods;

(t) generally for the better carrying out of the provisions of this Act.

21. Repeal of Cap. 359.

The Hide and Skin Trade Act is repealed.


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CHAPTER 359


SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

Page

1. Hide, Skin and Leather Trade Rules, 1990 ................................................ 13 2. Hide, Skin and Leather Trade (Amendment) Rules, 1995 .......................... 45 3. Hide, Skin and Leather Trade (Leather Development Council) Rules, 2010 47


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HIDE, SKIN AND LEATHER TRADE RULES, 1990

ARRANGEMENT OF RULES

Rule 1. Citation. 2. Interpretation. 3. Suspension drying. 4. Hanging of hide or skin. 5. “Wet salted” hides and skins. 6. “Dry salted” hides and skins. 7. Green-hide or skin. 8. Flaying, cleaning and trimming. 9. Slaughterman’s licence.

10. Cover-up or disguise of scratch, sore, brandmark, etc. 11. Application for buyer’s licence. 12. Conditions for issue of a buyer’s licence. 13. Equipment and maintenance of buyer’s licence premises. 14. Opening of buyer’s premises. 15. Purchase of green hide or skin. 16. Issue of buyer’s licence for green hide or skin. 17. Employment of staff. 18. Protection from insect damage. 19. Marking of hide or skin. 20. Storage of hide or skin. 21. Transporting of dried hide or skin. 22. Despatch note. 23. Application of disinfectant or bacteria agent. 24. Grading note. 25. Conditions of buyer’s licence. 26. Specification of licensed premises in licence. 27. Display of licence. 28. Application for exporter’s or importer’s licence. 29. Exporter’s or importer’s premises. 30. Stack or pile of hide or skin or leather. 31. Duties of exporter or importer. 32. Exporter’s certificate. 33. Trading. 34. Exporter’s or importer’s books. 35. Exporter’s or importer’s report. 36. Registration certificate. 37. Register of licences. 38. Retention of books by exporter or importer. 39. Consignment of hides, skins or leather to persons in Kenya. 40. Inspection of consignment of hide, skin or leather. 41. Penalties.


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SCHEDULES

FIRST SCHEDULE – APPLICATION FOR BUYER’S LICENCE

SECOND SCHEDULE – BUYER’S LICENCE

THIRD SCHEDULE – LICENCE FOLDER

FOURTH SCHEDULE – GRADING NOTE

FIFTH SCHEDULE – BUYER’S/IMPORTER’S/EXPORTER’S REGISTER

SIXTH SCHEDULE – APPLICATION FOR EXPORTER’S/IMPORTER’S LICENCE

SEVENTH SCHEDULE – EXPORTER’S/IMPORTER’S LICENCE

EIGHTH SCHEDULE – EXPORTER’S CERTIFICATE

NINTH SCHEDULE – APPLICATION FOR A REGISTRATION OF PREMISES CERTIFICATE

TENTH SCHEDULE – REGISTRATION OF PREMISES CERTIFICATE

ELEVENTH SCHEDULE – APPLICATION FOR THE TRANSFER OF A BUYER’S/EXPORTER’S/IMPORTER’S LICENCE FROM THE LICENSED PREMISES TO ANY OTHER PREMISES

TWELFTH SCHEDULE – DESPATCH NOTE

THIRTEENTH SCHEDULE – HIDES AND SKINS EXPORTER’S AND IMPORTER’S MONTHLY PURCHASE RETURNS CATTLE, CALF SKINS, GOAT SKINS, HAIR SHEEP SKINS AND WOOL SHEEP SKINS

FOURTEENTH SCHEDULE – LEATHER TANNERS, HIDES AND SKINS PURCHASES AND MONTHLY INPUT RETURNS CATTLE, GOAT SKINS, HAIR SHEEP SKINS, WOOL SHEEP SKINS PURCHASE

FIFTEENTH SCHEDULE – APPLICATION FOR A SLAUGHTERMAN’S LICENCE

SIXTEENTH SCHEDULE – LICENCE FOLDER

SEVENTEENTH SCHEDULE – APPLICATION FOR THE TRANSFER OF A SLAUGHTERMAN’S LICENCE FROM ONE DISTRICT TO ANOTHER

EIGHTEENTH SCHEDULE – MARKING OF HIDES AND SKINS

NINTEENTH SCHEDULE – IMPORTER’S CERTIFICATE

TWENTIETH SCHEDULE – LICENCE AND REGISTRATION OF PREMISES FEES


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HIDE, SKIN AND LEATHER TRADE RULES, 1990 [L.N. 55/1990.]

[Rules 11(15) and 28(8)]

1. Citation

These Rules may be cited as the Hide, Skin and Leather Trade Rules, 1990.

2. Interpretation

In these Rules, unless the context otherwise requires—

“brine solution” means an aqueous solution of salt;

“buyer” means the holder of a buyer’s licence issued under the Act;

“completely dried” means a suspension dried hide or skin which, when protected from rain and freely suspended under an impervious roof for twenty-four hours, will not loose more than 3 percent of its weight, at the time of suspension, by evaporation of water;

“cured hide or skin” means hides or skins preserved by physical and chemical means and excludes green or tanned hide or skin;

“despatch note” means the note authorized by these Rules in the form set out in the Twelfth Schedule, obtainable from an inspector authorized by the Director in that behalf;

“Director” means the Director of Veterinary Services;

“dry salted hide or skin” means a hide or skin which has been treated in the manner prescribed in rule 6;

“examiner” means any person authorized by the Director in writing under section 15 of the Act;

“flaying” means the opening of and the separating of the hide or skin from its attachments;

“grading note” means a selection note in the form set out in the Fourth Schedule;

“knife” means a cutting implement with a curved or straight blade not less than fifteen centimetres long and sharpened on the convex or straight edge, with the blade curved upwards from the handle and ending in a rounded or pointed extremity;

“licensing office of an area” means the veterinary officer in an administrative district or an inspector or any other officer authorized in writing by the Director to carry out licensing duties in the area;

“original owner in relation to a hide or skin” means the owner of the animal from which the hide or skin is taken at the time of slaughter;

“pickling” means preserving a hide or skin by treatment with a solution of acid and salt;

“prepared” means treated in the manner prescribed in these Rules;

“preserving” means treating a and skin chemically or physically in order to render it less putrescible;

“processing” means subjecting a prepared or preserved or skin to any chemical or mechanical treatment, preliminary to or including tanning;


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“protected” means protected from insect damage in the manner prescribed in these Rules;

“salt” means normal commercial sodium chloride containing no more that 4 percent of moisture and 100 per million of iron and not less than 56 percent of chloride (estimated as chloride) to which may be added not more than 2 percent of sodium silicofluoride;

“suspension dried hide or skin” means a or skin which has been treated in the manner prescribed in rule 3;

“tanning” means treating a or skin in order to convert its substance into leather;

“transport” means move or convey or cause to be moved or conveyed;

“transporter” means a person authorized in writing by a buyer to transport hides or skins on behalf of the buyer;

“wet salted hide or skin” means a or skin which has been treated in the manner prescribed in rule 5.

3. Suspension drying

(1) Where hides or skins are dried by suspension drying, the following methods shall be employed—

(a) after the hide or skin has been flayed and cleaned, and within six hours of its removal from the carcass, it shall be fleshed on a smooth surface, and shall be suspended for drying by—

(i) lacing the hide or skin to a frame of such dimensions that the hide or skin is freely suspended within its perimeter under light and even tension, so that no part of the hide or skin is in contact with any solid object other than that used for lacing it to the frame or distending the hump; or

(ii) hanging the hide or skin, flesh side uppermost along the line of the back bone, over a taut rope, wire or other means of support, and by using thin twigs or straws to open any folds that may develop in the hide or skin which is so suspended, but in the case of hides two taut ropes or wires, not less than thirty centimetres apart shall be fixed not less than thirty centimetres below the method of support, and the sides of the hide or skin shall hang over the ropes, wire or other means of support;

(b) the frame or rope, wire or other means of support referred in paragraph (a) shall be—

(i) placed or fixed inside a well ventilated shed or verandah; or

(ii) fixed in the open, so that the plane of the hide or skin lies from east or west and so that, in the case of a frame, the plane of the hide does not vary more than 23º from the vertical;

(c) the surface of any hide or skin dried by the method prescribed in this rule shall, when suspended for drying, be separated from the surface of any other hide or skin by a free interval to be determined by an inspector.

4. Hanging of hide or skin

No person shall cause, permit or allow any hide or skin, when being dried by suspension drying to be hung over any support which is more than one half of a centimetre in width or diameter.


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5. ”Wet salted” hides and skins

The term “wet salted” shall be applied to hides and skins which have been treated in the following manner—

(a) have been washed free of blood, dung or other foreign matter, trimmed, fleshed and drained for a minimum of twenty-five minutes;

(b) after such draining, have been piled flesh side uppermost one on top of each other with at least 30 percent of their weigh of salt sprinkled on the flesh side of each hide or skin for at least twenty-one days;

(c) have, after being removed from the pile, been shaken so as to remove any surplus salt.

6. ”Dry salted” hides and skins

The term “dry salted” shall be applied to hides and skins which have been treated in the manner prescribed in paragraphs (a), (b) and (c) of rule 5 and have been suspended for drying thereafter.

7. Green-hide or skin

(1) No person shall sell or offer for sale any green hide or skin unless he is the original owner of the or skin.

(2) No person shall purchase or offer for resale any hide or skin which has not been prepared in the manner prescribed under rules 3, 5 and 6.

(3) Any person other than a trader or tanner licensed to deal in green hides or skins under rule 16, who contravenes or fails to comply with provisions of this rule shall be guilty of an offence.

8. Flaying, cleaning and trimming

The following method shall be employed for flaying, cleaning and trimming a hide or skin—

(a) every hide or skin shall be opened by cutting with a sharp knife—

(i) an incision through the hide or skin in a straight line along the centre of the belly commencing from the middle line of the under-side of the chin and finishing at the middle line on the under-side of the anus;

(ii) two incisions commencing from points at the centre of the inner side of either knee joints to points on either side of the central line of the belly at the highest point of brisket in the bovine and at the fore and of the breast bone in sheep and goats;

(iii) two incisions commencing from points at the centre of the back of each hock joint on either side of the centre line of the belly following the natural curve to a point midway between the anus and the scrotum or udder which is twenty centimetres from the scrotum and ten centimetres from the udder in the bovine;

(b) flaying shall be performed by cutting the connecting tissues between the hide or skin and the body with a sharp curved knife or by separating such tissues from the body with the human hand or with a machine or a blunt instrument in such a manner as to leave the flesh side of the hide or skin as free as possible from fat or meat and from cuts or other injury;

(c) every hide or skin shall, immediately after it is flayed, be washed with water so as to free such hide or skin from blood, dung, dirt or other material and such hide or skin shall be placed on a smooth surface and all fat and meat shall be removed from it by such means as does not cause injury to its flesh side;


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(d) every completely dried hide and skin shall be trimmed by the removal of any portions which covered the head, the shanks below the knee and hock joints and that part of the tail which is more than twenty centimetres from the junction of the tail with the hide or skin.

9. Slaughterman’s licence

(1) No person shall, whether on his own account or on behalf of any other person, engage in the process of flaying hides or skins in a commercial slaughter premises unless he is in possession of a valid slaughterman’s licence issued to him in the form prescribed in the Sixteenth Schedule.

(2) Any person who contravenes or fails to comply with the provision of this rule shall be guilty of an offence.

(3) An inspector may, at any time during the duration of a slaughterman’s licence, recommend its suspension or cancellation to the licensing officer, if in his opinion the licensee’s efficiency in flaying in commercial slaughterhouses as prescribed in rule 8 has deteriorated.

(4) Every application for a slaughterman’s licence shall be in the form prescribed in the Fifteenth Schedule and shall be addressed to the licensing officer of the area in which the applicant intends to operate.

(5) An application under subrule (4) shall be accompanied by—

(a) the requisite fee prescribed in the Twentieth Schedule; and

(b) four unmounted photographs of the head and shoulders of the applicant which shall be approximately three-and-a-half centimetres by four-and-a-half centimetres in size one of which shall be signed in the back by the applicant and the signature attested by a person known to the licensing officer and considered by him to be reputable.

(6) Upon receipt of the application, the licensing officer may, if he is satisfied that all the requirements have been met, issue the applicant with a licence in the form prescribed in the Sixteenth Schedule.

(7) An application for a transfer of a slaughterman’s licence from the district to which such licence relates to any other district shall be made to the licensing officer of the new district in the form prescribed in the Seventeenth Schedule and shall be accompanied by the licence intended to be transferred.

(8) A slaughterman’s licence shall be transferred to a new district once only during the period in which it is valid except with the written consent of the Director.

10. Cover-up or disguise of scratch, sore, brandmark, etc.

No person shall cause, permit or allow any prepared hide or skin to be bought or sold, or offered for sale or for export, which has been treated in such manner as to cover up or disguise any scratch, sore, brandmark, disease, lesion or other blemish:

Provided that the provisions of this rule shall not apply to hide for making harness for yoke oxen or for making thongs for securing domestic animals, or for other domestic purposes.

11. Application for buyer’s licence

(1) Every application for a buyer’s licence shall be made in the form in the First Schedule to the licensing officer of the area in which the applicant’s premises are situated and shall be in the English or Swahili language.


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(2) Every such application shall be accompanied by the fee prescribed in the Twentieth Schedule and unmounted photographs of the head and shoulders of the applicant, which shall be approximately three-and-a-half centimetres by four-and-a-half centimetres in size, one of which shall be signed on the back by the applicant, whose signature shall be attested by a person of standing known to the licensing officer and considered by him to be a reputable person.

(3) There shall be separate fees for traders dealing only in green hides and skins or cured hides and skins or leather.

(4) Every buyer shall be issued with two copies of buyer’s licences one of which shall be in the form prescribed in the Second Schedule and the other in the form prescribed in the Third Schedule.

(5) An application for transfer of a buyer’s licence from the premises to which such licence relates to any other premises shall be made in the form in the Eleventh Schedule and shall be accompanied by the licence.

(6) An application for transfer of a buyer’s licence shall be made to the licensing officer of the area in which the new premises are situated.

(7) A buyer’s licence shall be transferable to new premises once only during the period in which it is valid, except with the written consent of the Director.

12. Conditions for issue of a buyer’s licence

A licensing officer shall not issue a buyer’s licence unless—

(a) an inspector has certified that the premises in respect of which an applicant has applied for such licence are suitable, having regard to the volume and nature of the trade which may reasonably be expected in such premises and to the district in which they are situated;

(b) the medical officer of health for the area concerned or some person authorized by him in writing in that behalf has certified that such premises are suitable having regard to the interest of public health.

13. Equipment and maintenance of buyer’s licence premises

(1) Every buyer, or if he is an employee his employer, shall—

(a) equip and maintain the premises to which his licence relates to the satisfaction of an inspector and ensure that such premises conform with the requirements of the Act;

(b) provide and maintain in such premises the following facilities, material and equipment for marking hides and skins—

(i) such light, natural or artificial as will permit a clear and detailed observation of the surface of hides and skins;

(ii) a smooth level surface measuring at least one metre square made of cement, wood or metal on which hides or skins shall be placed for punching or marking;

(iii) a sufficient supply of marking or punching irons, together with provision for their safe custody;

(c) store hides, skins and leather in a manner and place which will keep them free from avoidable damage; and

(d) maintain in such premises suitable facilities for weighing hides, skins and leather and for measuring area of leather.

(2) Every marking or punching iron shall be of a type approved by the Director and shall not be worn or damaged and shall be kept in safe custody when not in use.


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14. Opening of buyer’s premises

Every buyer shall keep his premises open at all reasonable times during the day.

15. Purchase of green hide or skin

No person shall, whether on his own account or on behalf of any other person, purchase for resale, export or tanning any green hide or skin—

(i) unless he is in possession of a valid buyer’s licence enabling him to purchase green hides and skins in the prescribed form issued to him by a licensing officer; and

(ii) except in accordance with any conditions prescribed under the provision of the Act.

16. Issue of buyer’s licence for green hide or skin

A licensing officer shall not issue a buyer’s licence for purchasing green hides or skins unless the applicant possesses a valid registration of premises certificate granted under section 12 of the Act.

17. Employment of staff

(1) Every buyer shall, to the satisfaction of an inspector, employ in the premises to which his licence relates persons sufficient in number and ability to carry out adequately the labour and grading involved and to keep the books containing a record of every transaction carried out by such buyer;

(2) The records referred to in paragraph (1) shall be in the form prescribed in the Fifth Schedule.

18. Protection from insect damage

Every buyer and exporter or importer shall protect every hide or skin from insect damage in the case of prepared hides and skins as soon as may be after purchase, and in the case of green hides and skins as soon as may be after they have been prepared for sale, and, in any case before such prepared hides or skins are stored in the premises to which his licence relates in the curtilage thereof, by treating each hide or skin with one of the following preservatives, which shall be applied in the form of a liquid dip or spray or as a powder in a sufficient quantity to both sides of such hide or skin—

(a) pyrethrum in powdered form;

(b) benzene hexachloride in powdered form; containing not less than 0.5 per cent of gamma;

(c) sodium silico-flouride in the form of a powder containing not less than 40 per cent of pure sodium silico-flouride;

(d) pirimiphos methyl;

(e) permethrin;

(f) any preparation containing one or more of these compounds; provided that where a preparation consists of a mixture of one or more of such compounds, such compounds shall contain the minimum concentration required by this rule where such minimum is specified.

19. Marking of hide or skin

(1) The first buyer of a hide or skin shall mark or punch every such and skin with letter “K” and the letter, number, or letter and number, or other symbol alloted by the Director by notice in the Gazette, to the area in which such buyer’s premises are situated.


[Subsidiary]

21 [Issue 1]

(2) Such letters, number or other symbols shall be marked or punched on the flesh side of each or skin, and the size of each such mark shall be two centimetres in height.

(3) Such letters, numbers or symbols shall be marked or punched on the right fore shank; and each punch or mark shall be cited not more than two-and-a-half centimetres from the outer margin of each such shank:

Provided that, if any such fore shank is so mutilated that an alternative site is required for marking or punching the left fore shank shall be used in the same manner.

20. Storage of hide or skin

No person shall mark or punch any hide or skin with the letters, numbers or symbols alloted by the Director under paragraph (1) of rule 19 of these Rules unless such hide or skin has been prepared or stored by a buyer in the premises to which his licence relates.

21. Transporting of dried hide or skin

Every buyer or original owner, while transporting completely dried hides or skins shall—

(a) provide adequate covering against rain;

(b) tie the hides or skins into firm bundles;

(c) stack such bundles in the transport vehicles in such manner as will prevent damage caused by rubbing; and

(d) provide reasonable protection against dust.

22. Despatch note

(1) It shall be a condition that any person moving or conveying hides or skins for sale or whatever other purpose outside the administrative district in which the registered premises, store, warehouse or slaughterhouse is situated shall be in possession of an original completed dispatch note; in the form in the Twelfth Schedule relating to such hides and skins.

(2) Once issued a dispatch note will be valid for a period not exceeding five days from the date of issue.

(3) Any person conveying hides and skins under the provisions of this rule shall—

(a) be a licensed buyer, exporter, importee, holder of a registration certificate issued under section 12 of the Act or an original owner;

(b) cause each hide or skin be marked or punched in the manner prescribed in rule 19 of these Rules;

(c) cause each consignment of hides and skins to be inspected by an inspector;

(d) be issued with a dispatch note for each consignment by the inspector who if satisfied with the inspection, shall also sign and stamp the note and copies thereof: Provided that the inspector may refuse to issue the dispatch note if he considers that such movement of hides and skins is undesirable having regard to animal health requirements; and

(e) show on demand the despatch note to an inspector or any other person authorized in writing for the purpose by the Director or a police officer.

(4) Any person conveying green hides and skins under the provisions of this rule shall ensure that such hides and skins are conveyed in containers—

(a) the walls, ceiling and floor of which are made of smooth, crack- and corrosion-resistant material which is impermeable to water and is easily cleaned; and


[Subsidiary]

[Issue 1] 22

(b) whose doors and lids are fitted so that the whole container is dustproof and water tight at all times during transport.

(5) Any person who contravenes or fails to comply with the provisions of this rule shall be guilty of an offence.

23. Application of disinfectant or bacteria agent

(1) It shall be a condition that any person moving or conveying green hides and skins for sale beyond a radius of sixty kilometres of or two hours travelling from a slaughterhouse where slaughtering has taken place shall dip, spray or otherwise apply to or cause to be dipped, sprayed or otherwise applied to such hides and skins a suitable disinfectant agent.


24. Grading note

Every buyer shall submit a grading note in the form in the Fourth Schedule to these Rules with every parcel of hides or skins purchased by him from another buyer, exporter or importer, providing that the Director may accept a grading note which is not in the form in the said Schedule if he is satisfied that it contains the particulars therein required.

25. Conditions of buyer’s licence

It shall be a condition of every buyer’s licence that the licensee shall—

(a) buy and sell each hide by grade as well as by weight;

(b) buy and sell each skin by grade as well as by piece;

(c) buy and sell leather by grade as well as by weight or area depending on the tonnage and type of leather;

(d) pay the following price differentials when purchasing hides and skins—

(i) basic price to be paid for grade one;

(ii) eighty per centum of grade one price to be paid for grade two;

(iii) sixty per centum of grade one price to be paid for grade three; and

(iv) thirty per centum of grade one price to be paid for grade four.

26. Specification of licensed premises in licence

Every buyer’s licence shall specify the premises to which it relates and shall not be valid except in relation to such premises or at any other hide or skin market specified in such licence.

27. Display of licence

Every buyer shall display a copy of his licence in the form in the Second Schedule to these Rules in a prominent place on the premises to which such licence relates and shall when engaged in transporting hides or skins for sale carrying and display on his person a copy of his licence in the form in the Third Schedule to these Rules.

28. Application for exporter’s or importer’s licence

(1) Every application for an exporter’s or importer’s licence shall be in the form in the Sixth Schedule to these Rules, and shall be made to the Director.

(2) The fee for an exporter’s or importer’s licence shall be as prescribed in the Twentieth Schedule.


[Subsidiary]

23 [Issue 1]

(3) If the applicant is a corporation, the application shall be made by the managing director or by the secretary or by a local representative duly authorized in writing by the corporation in that behalf, and the names of all the directors of the corporation shall be stated in the application.

(4) If the applicant is a firm, the application shall be made by one of the partners or by the local representative duly authorized in writing in that behalf, and the names of all the partners of the firm shall be stated in the application.

(5) It shall be a condition of every exporter’s or importer’s licence issued to a corporation or firm that any change in the directors of a company or the partners of a firm be notified in three months to the Director.

(6) The Director shall not issue an exporter’s or importer’s licence unless—

(a) an inspector has certified that the premises in respect of which an applicant has applied for such licence are suitable, having regard to the volume and nature of the trade which may reasonably be expected in such premises and to the district in which they are situated; and

(b) the medical officer of health for the area concerned or any other person authorized by him in writing in that behalf, has certified that such premises are suitable, having regard to the interest of public health.

(7) The exporter’s or importer’s licence shall be in the form prescribed in the Seventh Schedule.

29. Exporter’s or importer’s premises

Every warehouse, godown or other premises used by an exporter or importer for preparing, protecting from insect or bacterial damage, sorting or otherwise treating hides and skins shall—

(a) have floors of concrete or some other impervious material;

(b) have a water-tight roof;

(c) have minimum floor space of two hundred and eighty square metres where it is used for hides only and two hundred and thirty square metres where it is used for skins only and for both hides and skins four hundred and sixty square metres;

(d) have the facilities, materials and equipment for marking hides and skins prescribed in paragraph (b) of subrule (1) of rule 13 of these Rules;

(e) have the facilities, materials or equipment for protecting hides or skins in the manner prescribed in rule 18 of these Rules; and

(f) conform with the requirements of other written laws.

30. Stack or pile of hide or skin or leather

In every warehouse, shed, godown or other premises used by a buyer or exporter, the base of every stack or pile of loose hides or skins or leather shall be at least fifteen centimetres above the level of the floor.

31. Duties of exporter or importer

Every exporter or importer shall—

(a) keep every baling press used by him for baling hides or skins in good and proper condition;

(b) use a baling press capable of compressing one tonne of hides or skins into a space not greater than two cubic metres;


[Subsidiary]

[Issue 1] 24

(c) take all necessary precautions to prevent such hides or skins from being damaged during transit; and

(d) prevent any cutting, tearing, cracking or staining of such hides and skins during the process of baling or thereafter.

32. Exporter’s certificate

(1) No exporter shall export any consignment without certifying that the hides and skins or leather contained in such consignment have been prepared and otherwise conform to the provisions of the Act; such certificate shall be in the Eighth Schedule and shall be stamped and initialled by an examiner or an inspector.

(2) The examiner or inspector shall stamp the certificate referred to in paragraph (1) after examining at least 5 percent of every consignment of hides or skins or leather and being satisfied that—

(a) the bales or pallets are clearly labelled with the shipper marks, such marks having been registered with the Director; and

(b) the hides and skins or leather are marked in the prescribed manner; and

(c) the hides are prepared protected against insect damage, completely dried and otherwise in a fit condition for export; and

(d) the hides, skins or leather are correctly classified either as suspension dried, dry salted, wet salted, pickled, half tanned or finished; and

(e) any cess or export tax payable under any law for the time being in force has been paid.

33. Trading

No person shall—

(a) export any hides or skins except through the port of Mombasa or Kisumu, or the airport of Nairobi or Mombasa;

(b) buy, import or export any skin under two hundred and thirty grammes;

(c) buy, import or export any hides or skins which are so badly damaged by marks, disease lesions or other defects that in the opinion of an examiner or inspector they are unfit for sale, export or import except under the designation of glue stock, all hides or skins purchased under such designation shall be cut into halves.

34. Exporter’s or importer’s books

(1) Every exporter’s or importer’s books shall contain record of every transaction carried out by him relating to the purchase, sale and export or import of hides, skins and leather in the form in the Fifth Schedule.

(2) Where the Director is satisfied that any exporter or importer keeps books in a manner sufficient to enable any inspector to obtain the information contained in the Fifth Schedule, he may exempt such exporter from keeping his books in the form in that Schedule.

35. Exporter’s or importer’s report

(1) Hides, skins and leather exporters and importers shall be required to submit monthly reports to the Director showing details, of their monthly purchase in the form in the Thirteenth Schedule.

(2) Leather tanners shall be required to submit monthly reports to the Director showing details of their monthly hides and skins purchases and the monthly hides and skins processed in their tanneries in the form in the Fourteenth Schedule.


[Subsidiary]

25 [Issue 1]


36. Registration certificate

(1) Every application for the issue of a registration certificate under section 12(1) of the Act shall be made in writing to an inspector and shall be accompanied by the fee prescribed in the Twentieth Schedule.

(2) Every application for the issue of a registration certificate under section 12(2) of the Act shall be made in the form prescribed in the Ninth Schedule to these Rules and shall be accompanied by the fee prescribed in the Twentieth Schedule.

(3) Such certificate shall be in the form in the Tenth Schedule.

37. Register of licences

(1) Every licensing officer shall keep a register in respect of buyer’s and slaughterman’s licences issued by him.

(2) The Director shall keep a register in respect of exporter’s or importer’s licences issued by him.

(3) The register under this rule shall contain particulars of the licensee’s name, the area to which the licence relates and the number of the licence.

38. Retention of books by exporter or importer

Every buyer and exporter or importer shall retain the books kept by him under the Act for a period of not less than five years from the date of the last entry therein, and shall produce such books when called upon to do so by an examiner or inspector.

39. Consignment of hides, skins or leather to persons in Kenya

(1) No hides or leather originating in any place outside Kenya may be consigned to any person in Kenya unless sush hides or skins or leather—

(a) are consigned in transit for export to the ports of Mombasa or Kisumu or the airports of Nairobi or Mombasa; or

(b) subject paragraph (2) of this rule, are consigned to any person or company in Kenya for the purpose of preserving processing, pickling, tanning, retaining, or finishing in Kenya either for use in Kenya or for export:

Provided that if any hides or skins or leather so imported are found to be unsuitable for preserving, processing, pickling, tanning, retaining or finishing they may be exported if with prior approval of an inspector they have been marked or punched with the letter “P” on the left fore shank or at any other place to be determined by the inspector.

(2) Any person intending to import hides, skins or leather under the provision of the rule 38(1) of these Rules shall apply in writing to the Director for permission, giving full details of the hides and skins or leather he intends to import and stating their country of origin.

(3) The Director may, if he considers such importation undesirable having regard to animal health or leather and leather-goods manufacturer’s requirements, refuse to grant such permission.

(4) All such imported hides, skins or leather shall be inspected by an inspector or examiner at the port of entry who, if satisfied as to the accuracy of the description of the goods, shall sign and stamp the document describing the goods and issue a dispatch note in the form prescribed in the Twelfth Schedule.


[Subsidiary]

[Issue 1] 26

40. Inspection of consignment of, skin or leather

(1) Every importer of hides or skins or leather to be inspected by an inspector or examiner and shall provide information in the form prescribed in the Nineteenth Schedule to these Rules.

(2) The inspector or examiner shall, if he is satisfied with the information provided, stamp and initial the certificate unless—

(i) the bales, pallets or bundles are not clearly labelled with the shipper marks; or

(ii) the leather is not correctly classified either as wet blue chrome tanned, chrome tanned crust, vegetable tanned crust, dyed or finished; or

(iii) any cess or import tax payable under any law for the time being in force has not been paid; or

(iv) any other such condition as the Director may from time to time specify in a Gazette notice has been satisfied.

41. Penalties

Any person found guilty of an offence under these Rules shall be liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding two years or to both.

FIRST SCHEDULE [Rule 11(1).]

HIDE, SKIN AND LEATHER TRADE [Cap. 359.]

APPLICATION FOR BUYER’S LICENCE

To: The Licensing Officer, ......................................................................................................... (area)

I, the undersigned, hereby apply for a buyer’s licence to be issued to me under the Hide, Skin and Leather Trade Act. I enclose the prescribed fee of ...............................................................................

shillings and four identical copies of my photograph.

Full name and nationality of applicant ..................................................................................................

Does the applicant intend to buy hides or skins or leather on his own behalf? ....................................

...............................................................................................................................................................

Name and address of employer or principal, if any: .............................................................................

...............................................................................................................................................................

Occupation of applicant: .......................................................................................................................

Address of the premises to which the licence will, if granted, relate ....................................................

...............................................................................................................................................................

Does the applicant hold or has he held previously, a licence to buy hides, skins and leather in Kenya or elsewhere? If so, give the number of licence, place and date of issue: ................................

...............................................................................................................................................................

What previous experience of the and skin or leather trade does the applicant possess? ...................

...............................................................................................................................................................

Has the applicant’s knowledge of trade been certified as being sufficient by an inspector? ................

...............................................................................................................................................................

If yes, state place and date of examination by the inspector: ...............................................................

...............................................................................................................................................................

...............................................................................................................................................................


[Subsidiary]

27 [Issue 1]

FIRST SCHEDULE—continued

Has the applicant been convicted within the last five years, of any criminal offence in Kenya or elsewhere—

(a) under any provision of the, Skin and Leather Trade Act or any Rules made thereunder: ...........

......................................................................................................................................................

......................................................................................................................................................

(b) involving fraud or dishonesty .......................................................................................................

and if so, when and by what court ...............................................................................................

......................................................................................................................................................

is the applicant an undischarged bankrupt? .........................................................................................

I have read and understood the conditions laid in the Act and in the, Skin and Leather Trade Rules.

Date: ................................................................... .............................................................................

Signature of Applicant

The premises to which this application relates are suitable having regard to the volume and nature of, skins and leather trade which may reasonably be expected in such premises and to the district in which they are situated.

.............................................................................

Inspector

The premises to which this application relates are suitable having regard to the interest of public health.

.............................................................................

Medical Officer of Health or person authorised by him

Note.—The application should be submitted in duplicate, in English or Kiswahili, to licensing officer of the area in which the premises are situated.

Copies of the, Skin and Leather Trade Act and Rules made thereunder may be purchased from the Government Printer.

SECOND SCHEDULE [Rules 11(4) and 27.]


[Cap. 359.]

BUYER’S LICENCE

Licence No. ...........................................................................................................................................

............................................................................................................................. is hereby licensed to

buy green/cured hides and skins/leather* for the purposes set out in section 3 of the Act on behalf of .......................................................................................... in the ................................................ area.

This licence is issued in respect of the following premises: L.R. No. ...................................................

and it will operate in the following markets: ..........................................................................................

...............................................................................................................................................................

...............................................................................................................................................................

...............................................................................................................................................................

...............................................................................................................................................................


[Subsidiary]

[Issue 1] 28

SECOND SCHEDULE—continued

4.5 cm.

3.5 cm.

Date: ................................................................... .............................................................................

Signature of Licence Holder

.............................................................................

Licensing Officer

............................................................................ (area) *Delete where not applicable

THIRD SCHEDULE [Rules 11(4) and 27.]

HIDE, SKIN AND LEATHER TRADE ACT [Cap. 359.]

LICENCE FOLDER

Buyer’s Licence

Licence No. ...........................................................................................................................................

............................................................................................... is hereby authorized to buy hides, skins

and leather specified on page 2 of this licence for the purposes set out in section 3 of the Act on behalf of ........................................................................... in the ................................................ area.

This licence is issued in respect of the following premises: L.R. No. ...................................................

and it will operate in the following markets: ..........................................................................................

...............................................................................................................................................................

4.5 cm.

3.5 cm.

Date: ................................................................... .............................................................................

Signature of Licence Holder

.............................................................................

Licensing Officer for

............................................................................. (area)


[Subsidiary]

29 [Issue 1]

THIRD SCHEDULE—continued

Page 2

Hides, skins and leather for which licence is valid.

1. Green hides and skins ...................................................................................................................

2. Cured hides and skins* ..................................................................................................................

........................................................................................................................................................

........................................................................................................................................................

3. Leather† ..........................................................................................................................................

........................................................................................................................................................

........................................................................................................................................................

........................................................................................................................................................

........................................................................................................................................................

Page 3

No. .............................

This licence expires on the 31st December, .........................................................................................

Received this .................................................................. day of .........................................................

Receipt No. ...........................................................................................................................................

Date ......................................................................................................................................................

Date .................................................................... .............................................................................

Licensing Officer

............................................................................. (area)

Page 4

TRANSFER TO OTHER PREMISES

This licence is hereby transferred to the following premises ................................................................

...............................................................................................................................................................

...............................................................................................................................................................

...............................................................................................................................................................

...............................................................................................................................................................

...............................................................................................................................................................

Date: .................................................................... .............................................................................

Licensing Officer

............................................................................. (area)

* Specify whether suspension dried, wet salted, dry salted or pickled.

† Specify whether finished, wet blue chrome tanned, vegetable tanned crust, chrome tanned trust, dyed crust, etc.


[Subsidiary]

[Issue 1] 30

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[Subsidiary]

31 [Issue 1]

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[Subsidiary]

[Issue 1] 32

FIFTH SCHEDULE [Rules 17 and 34.]


BUYER’S/IMPORTER’S/EXPORTER’S REGISTER

NAME OF FIRM.............................................................

*Ground dried * * Delete as necessary.

Suspension dried

Wet salted

Dried salted

† Specify whether wet, blue chrome, chrome crust, vegetable crust, dyed crust, etc.

†Half tanned

Finished

Cattle Camel Sheep Goat Game

Date Origin

Destination (District)

Export Import

(Country)

No. of Pieces

Weight of Area

Kg./Ft.2/M2Grade Unit Value

Value (F.O.B.)

A separate form should be used for each class of hides, skins or leather.

SIXTH SCHEDULE [Rule 28(1).]


APPLICATION FOR EXPORTER’S/IMPORTER’S LICENCE

To: The Director

I, the undersigned, hereby apply for an exporter’s/importer’s licence to export/import hides and skins/leather* and enclose the prescribed fees of KSh. .......................................................................

Full name of applicant ..........................................................................................................................

Address of applicant .............................................................................................................................

Nationality of applicant .........................................................................................................................

Occupation of applicant ........................................................................................................................

Address of premises to which licence, if granted, will relate ................................................................

...............................................................................................................................................................

Does the applicant hold, or has he held previously, an exporter’s/importer’s licence to export/import* hides and skins/leather* in Kenya? If so, give the number of the licence and date of issue ................

...............................................................................................................................................................

Has a licence to export/import hides and skins/leather* previously related to the premises to which the licence, if granted, will relate? If so, give particulars or such licence .............................................

...............................................................................................................................................................

...............................................................................................................................................................


[Subsidiary]

33 [Issue 1]

SIXTH SCHEDULE—continued

What previous experience of the hide and skin/leather trade does the applicant possess ..................

...............................................................................................................................................................

...............................................................................................................................................................

What staff of selectors and supervisions will be employed and what previous experience of the, skin or leather trade have they had? (Give their full names, and registration numbers under Registration of Persons Act) .....................................................................................................................................

...............................................................................................................................................................

...............................................................................................................................................................

What is the floor area of the premises? ................................................................................................

State the number of presses in the premises, their type and capacity .................................................

...............................................................................................................................................................

...............................................................................................................................................................

Has the premises been condemned under any Act or by-law? ............................................................

Has the applicant been convicted, within the last five years, of an offence in Kenya or elsewhere? ...

...............................................................................................................................................................

(a) Against any of the provisions of the, Skin and Leather Trade Act or any Rules made thereunder ...................................................................................................................................

......................................................................................................................................................

(b) involving fraud or dishonesty? .....................................................................................................

and if so, when and by what court? .............................................................................................

Is the applicant an undischarged bankrupt? ................................................................................

To be completed where the application is made on behalf of a Corporation or Firm:

What is the registered capital of the applicant? ....................................................................................

I am the managing director/secretary/local manager/partner* of the applicant corporation/firm.

The director of the corporation/partners of the firm are (give names and address):

...............................................................................................................................................................

...............................................................................................................................................................

...............................................................................................................................................................

The corporation/firm is solvent.

I declare the above particulars are correct and I am fully aware of the penalties which may be imposed should I be convicted of any false statement in the above application.

Date: .................................................................... .............................................................................


The premises to which this application is related are suitable, having regard to the volume and nature of the hide and skin trade which may reasonably be expected in such premises and to the district in which they are situated.

.............................................................................

Inspector

The premises to which this application relates are suitable having regard to the interest of public health.

.............................................................................

Medical Officer of Health or Person Authorised by him

Note.—The application should be submitted in duplicate, in English or Kiswahili. If the applicant is a corporation or firm, the questions concerning convictions and bankruptcy should be answered with reference to every director of the corporation or partner of the firm; each director or partner, as the case may be, being an applicant for this purpose.


[Subsidiary]

[Issue 1] 34

SIXTH SCHEDULE—continued

In the case of a corporation, the managing director or secretary or local representative, duly authorized to do so, should sign on behalf of the company; in the case of a firm, a partner or local representative duly authorized so to do, should sign on behalf of the firm.

Copies of the, Skin and Leather Trade Act and Rules thereunder may be purchased from the Government Printer.

*Delete where not applicable.

SEVENTH SCHEDULE [Rule 28(7).]


EXPORTER’S/IMPORTER’S LICENCE

Licence No. ...........................................................................................................................................

............................................................................................................................. is hereby licensed to

export/import .........................................................................................................................................

This licence is issued in respect of the following premises ..................................................................

...............................................................................................................................................................

...............................................................................................................................................................

...............................................................................................................................................................

...............................................................................................................................................................

...............................................................................................................................................................

...............................................................................................................................................................

Date: .................................................................... .............................................................................

Director of Veterinary Services

Name and qualifications of the tanners employed in the tannery:

1. ........................................................................................................................................................

2. ........................................................................................................................................................

3. ........................................................................................................................................................

4. ........................................................................................................................................................

5. ........................................................................................................................................................

6. ........................................................................................................................................................

What is the method of effluent treatment used? ...................................................................................

...............................................................................................................................................................

...............................................................................................................................................................

Has the applicant been convicted, within the last five years, of an offence in Kenya or elsewhere—

(a) against any of the provisions of the, Skin and Leather Trade Act or any Rules made thereunder? .................................................................................................................................

(b) involving fraud or dishonest? .......................................................................................................

and if so, when and by what court? .............................................................................................

......................................................................................................................................................

Is the applicant an undischarged bankrupt? .........................................................................................

...............................................................................................................................................................

To be completed where the application is made on behalf of a corporation or firm:

What is the registered capital of the application? .................................................................................


[Subsidiary]

35 [Issue 1]

SEVENTH SCHEDULE—continued

I am the managing director/secretary/local manager/partner* of the applicant corporation/firm.

The directors of the corporation/partners of the firm are (give names and address):

...............................................................................................................................................................

...............................................................................................................................................................

...............................................................................................................................................................

...............................................................................................................................................................

The corporation/firm is solvent.

EIGHTH SCHEDULE [Rule 32.]


[Cap. 359.]

EXPORTER’S CERTIFICATE

CERTIFICATE No. ...............................................................................................................................

*Ground dried * Cattle

Suspension dried Hides Game

Wet salted Camel * Delete as necessary.

Dried salted or Sheep

Pickled Goats

†Half tanned Skins † Specify whether wet blue, chrome crust, vegetable crust, etc.

Finished Leather Others

Port of Exit and Date

Number of Bales, Parcels, Pallets, Pieces

Grades Weight of Area

Kg./Ft2/M2 F.O.B. Value

Shipping Marks

I certify that the details of the goods listed above are correct and conform to the provision of the, Skin and Leather Trade Act and of the Rules made thereunder.

.............................................................................

Inspector/Examiner

A separate form should be used for each class of or skin or leather.


[Subsidiary]

[Issue 1] 36

NINTH SCHEDULE [Rule 36(2).]


APPLICATION FOR A REGISTRATION OF PREMISES CERTIFICATE

To: The Inspector, ............................................. (area).

I, the undersigned, hereby apply for a Registration of Premises Certificate to be issued to me under the, Skin and Leather Trade Act. I enclose the prescribed fee of KSh. ................................................

...............................................................................................................................................................

Full name, nationality and occupation of the applicant: ........................................................................

...............................................................................................................................................................

Name and address of the company: .....................................................................................................

...............................................................................................................................................................

Address of the premises for which the registration certificate is to be issued (street, L.R. No): ...........

...............................................................................................................................................................

Number of the registration certificate issued last year: .........................................................................

Have the premises been declared unsuitable under any Act or by law? Yes/No.* If yes, which law and why: ...............................................................................................................................................

...............................................................................................................................................................

Have you been issued with a buyer’s licence under the Act? Yes/No.* If no, how will the tannery get hides and skins? ...................................................................................................................................

...............................................................................................................................................................

If yes, what are the particulars of the licence? .....................................................................................

...............................................................................................................................................................

What is the source of water? (borehole, river, dam, etc.) .....................................................................

...............................................................................................................................................................

Is any pre-treatment of water required? Yes/No.* If yes, please specify: .............................................

...............................................................................................................................................................

The capacity of the tannery is:

(i) Wet blue chrome tanned leather ................................................................ kg.

(ii) Crust tanned leather ................................................................................... kg./sq. ft.

(iii) Finished leather .......................................................................................... kg./sq. ft.

I declare the above particulars are correct and I am fully aware of the penalties which may be imposed should I be convicted of any false statement in the above application.

Date: ................................................................... .............................................................................


The premises to which this application relates are suitable, having regard to the volume of hides and skins processed or tanned which may reasonably be expected in such premises to the method used and type of effluent treatment constructed and the area in which they are situated.

.............................................................................

Inspector

The premises to which this application relates are suitable, having regard to the interests of public health.

.............................................................................

Medical Officer of Health or person authorised by him

Note:—The application should be submitted in duplicate, in English or Kiswahili. If the applicant is a corporation or firm the question concerning conviction and bankruptcy should be answered with reference to every director of the corporation or partner of the firm, each director or partner, as the case may be, being an applicant for this purpose.


[Subsidiary]

37 [Issue 1]

NINTH SCHEDULE—continued

In the case of a corporation, the managing director, secretary or local representative, duly authorized to do so should sign on behalf of the company; in the case of a firm, a partner or local representative duly authorized so to do should sign on behalf of the firm.

Copies of the, Skin and Leather Trade Act and Rules made thereunder may be purchased from the Government Printer.

TENTH SCHEDULE [Rule 36(3).]


REGISTRATION OF PREMISES CERTIFICATE

The premises situated at ......................................................................................................................

and occupied by ...................................................................................................................................

have been inspected by me, and I hereby approve them as being suitable for the purpose of suspension drying/wet salting/tanning*. I also certify that the owner/occupier* of such premises and the persons employed therein are capable of satisfactorily preparing/processing* hides and skins in the prescribed manner. The premises have been given the following Registration Number.

...............................................................................................................................................................

Date: ................................................................... .............................................................................

Inspector

*Delete whichever is not applicable.

ELEVENTH SCHEDULE [Rules 11(15) and 28(8).]


APPLICATION FOR THE TRANSFER OF A BUYER’S/EXPORTER’S/IMPORTER’S* LICENCE FROM THE LICENSED PREMISES TO ANY OTHER PREMISES

To the ...................................................................................................................................................

I, ............................................................................................................................................................

the holder of ............................................................ licence No. .........................................................

issued at ...............................................................................................................................................

on the .................................................................. day of .................................................. , 20 .............

in respect of the premises situated at ...................................................................................................

hereby apply to have the above licence transferred so that it shall relate to the premises ..................

...............................................................................................................................................................

and declare that the previous licensed premises will not be used by me after .....................................

I further declare that no previous application for the transfer of ...........................................................

licence No. ........................................................................................... has been made on my behalf.

Date: ................................................................... .............................................................................


*Delete as necessary.


[Subsidiary]

[Issue 1] 38

TWELFTH SCHEDULE [Rules 2, 22 and 39(4).]


[Cap. 359.]

SERIAL NUMBER ................................................................................................................................

Original

Duplicate

Triplicate

DESPATCH NOTE

I certify that I have inspected the consignment listed below and found the details entered to be correct. These hides and skins may therefore be transported from .....................................................

market/town in ............................................................ district to .........................................................

market/town in ............................................................................................ district in accordance with

regulations 22 and 40(3) of the Hide, Skin and Leather Trade Rules, 1988.

Name of Buyer ......................................................................................................................................

Original Owner ......................................................................................................................................

Licence no. ...........................................................................................................................................

Address .................................................................................................................................................

...............................................................................................................................................................

...............................................................................................................................................................

Make and registration number of vehicle ..............................................................................................

Intended destination .............................................................................................................................

Name of driver ......................................................................................................................................

QUANTITY AND GRADES

I II III IV

Pieces Kg. Pieces Kg. Pieces Kg. Pieces Kg.

Hides Air-dried

Wet-salted

Ground- dried

Other*

Goat Skins Air-dried

Wet-salted

Ground-dried

Other*

Hair-Sheep Air-dried

Wet-salted

Ground- dried

Other*


[Subsidiary]

39 [Issue 1]

TWELFTH SCHEDULE—continued

QUANTITY AND GRADES

I II III IV

Pieces Kg. Pieces Kg. Pieces Kg. Pieces Kg.

Wool-Sheep Air-dried

Wet-salted

Ground- dried

Other*

Date .................................................................... Signed ................................................ Inspector

District .................................................................

*Please specify Designation .........................................................

NOTE.—Duplicate of this despatch note shall be sent to the District Veterinary Office of the intended destination of the hides and skins being transported.

THIRTEENTH SCHEDULE [Rule 35(1).]


[Cap. 359.]

HIDES AND SKINS EXPORTER’S AND IMPORTER’S MONTHLY PURCHASE RETURNS CATTLE, CALF SKINS, GOAT SKINS, HAIR SHEEP SKINS AND WOOL

SHEEP SKINS*

[*Delete as necessary]

ORIGIN GRADE I GRADE II GRADE III GRADE IV TOTAL

Country Province Pieces Kg. Pieces Kg. Pieces Kg. Pieces Kg. Pieces Kg. Value

A separate form should be used for each class of hides or skins.


[Subsidiary]

[Issue 1] 40

FOURTEENTH SCHEDULE [Rule 35(2).]


A. LEATHER TANNERS, HIDES AND SKINS PURCHASES AND MONTHLY INPUT RETURNS CATTLE, GOAT SKINS, HAIR SHEEP SKINS, WOOL SHEEP SKINS

PURCHASE*

[*Delete as necessary]

GRADE I GRADE II GRADE III GRADE IV TOTAL ORIGIN/PROVINCE

Pieces Kg. Pieces Kg. Pieces Kg. Pieces Kg. Pieces Kg. Value

A separate form should be used for each class of hides or skins.

B. Monthly Leather Production

GRADES Leather Type Total Weight in Kg. Total Area in Sq. ft.

I—III IV, V, VI

Wet blue hides ........................

Wet blue goat skins ................

Wet blue sheep skins .............

Crust bovine mineral tanned ...

Crust bovine vegetable tanned .....................................

Crust goat skins mineral tanned .....................................

Crust sheep skins vegetable tanned .....................................

Crust sheep skins mineral tanned .....................................

Finished bovine vegetable tanned .....................................

Finished sheep leather tanned

Other types of leather .............

FIFTEENTH SCHEDULE


APPLICATION FOR A SLAUGHTERMAN’S LICENCE

To: The Licensing Officer, ......................................................................................................... (area)

I, the undersigned, hereby apply for a slaughterman’s licence to be issued to me under the, Skin and Leather Trade Act. I enclose the prescribed fee of ........................................................................

and four similar copies of my photograph.


[Subsidiary]

41 [Issue 1]

FIFTEENTH SCHEDULE—continued

Full name and nationality of applicant: .................................................................................................

...............................................................................................................................................................

Address of applicant: ............................................................................................................................

District in which applicant intends to operate: ......................................................................................

What previous experience of slaughtering does the applicant possess: ..............................................

...............................................................................................................................................................

...............................................................................................................................................................

Has the applicant’s efficiency been certified as being sufficient by the inspector? ..............................

If yes, state place and date of examination by the inspector: ...............................................................

...............................................................................................................................................................

...............................................................................................................................................................

Has the applicant been refused a licence under rule 9 of the, Skin and Leather Trade Rules: ...........

...............................................................................................................................................................

I have read and understood the conditions laid down in rule 9 of the, Skin and Leather Trade Rules.

I declare that the above particulars are correct and an fully aware of the penalties which may be imposed should I be convicted of any untrue statement in the application.

Date: ...................................................................

.............................................................................


.............................................................................

Inspector

SIXTEENTH SCHEDULE [Rule 9, page 1.]


[Cap. 359.]

LICENCE HOLDER

Serial No. ..............................................................................................................................................

........................................................................................................... is hereby licensed to operate as

a slaughterman in .................................................................................................................... District.

Date .................................................................... .............................................................................

Licensing Officer

................................................................... (area)

PAGE 2

4.5 cm.

.............................................................................

3.5 cm. Signature of Licence Holder


[Subsidiary]

[Issue 1] 42

SIXTEENTH SCHEDULE—continued

PAGE 3

ANNUAL LICENSING

This licence expires on the 31st December, 20..........................

Received this ...................................................... day of .................................................. , 20 ............

Receipt no. .......................................................

.............................................................................

Licensing Officer

.................................................................. (area)

PAGE 4

TRANSFER TO OTHER DISTRICTS

The holder of this licence is hereby permitted to operate in .................................................... District.

.............................................................................

Licensing Officer

................................................................... (area)

SEVENTEENTH SCHEDULE [Rule 9(8).]


APPLICATION FOR THE TRANSFER OF A SLAUGHTERMAN’S LICENCE FROM ONE DISTRICT TO ANOTHER

To the ...................................................................................................................................................

I, ............................................................................................................................................................

holder of Slaughterman’s Licence No. ..................................................................................................

issued at ............................................ do hereby apply to have the above licence transferred so that

I shall be able to operate in .................................................. District and declare that I shall cease to

operate in the previous district with effect from ....................................................................................

Date: ................................................................... .............................................................................


EIGHTEENTH SCHEDULE [Rule 19(1).]


MARKING OF HIDES AND SKINS

Numbers, Letters and Symbols Area

NY Nyanza Province.

WE Western Province.

RV Rift Valley Province.

CE Central Province.


[Subsidiary]

43 [Issue 1]

EIGHTEENTH SCHEDULE—continued

Numbers, Letters and Symbols Area

EA Eastern Province.

NE North-Eastern Province.

CO Coast Province.

NA Nairobi Province.

NINETEENTH SCHEDULE [Rule 40.]

HIDE, SKIN AND LEATHER TRADE [Cap. 359.]

IMPORTER’S CERTIFICATE

(Including goods off-loaded while in transit)

CERTIFICATE no. ................................................................................................................................

*Ground dried * Cattle

Suspension dried Hides Game

Wet salted Camel * Delete as necessary.

Dried salted or Sheep

Pickled Goals

†Half tanned Skins Others

† Specify whether wet blue, chrome crust, dyed crust, vegetable crust, etc.

Finished leather

Port and

Date of Entry

Grades No. of Pieces

Quantity Area of

Kg./Ft,2/M2

Total F.O.B. Value

Destination Town/

Location of Off-loading

Destination Abroad

Expected Date and

Port of Exit

Shipping Marks

Certified that the details of the goods listed are correct and conform to the provisions of the, Skin and Leather Trade Act and of the Rules made thereunder.

.............................................................................

Inspector/Examiner

A separate form should be used for each class of hides or skins or leather.


[Subsidiary]

[Issue 1] 44

TWENTIETH SCHEDULE [Rules 9, 11, 28 and 36.]

HIDE, SKIN AND LEATHER TRADE

[Cap. 359.]

LICENCE AND REGISTRATION OF PREMISES FEES

I – LICENCES

1. Buyer’s Licence: Sh.

(a) Green hides and skins ........................................................................................ 200

(b) Cured hides and skins:

(i) Rural areas ................................................................................................. 200

(ii) Urban areas ................................................................................................ 500

(c) Leather ............................................................................................................... 500

2. Exporter’s and importer’s licence:

(a) Exporter .............................................................................................................. 2,000

(b) Importer .............................................................................................................. 2,000

3. Slaughterman’s licence .............................................................................................. 100

II – REGISTRATION OF PREMISES

1. Hides and skins curing premises

2. Tannery:

(a) Rural ................................................................................................................... 100

(b) Commercial ........................................................................................................ 500


[Subsidiary]

45 [Issue 1]

HIDE, SKIN AND LEATHER TRADE (AMENDMENT) RULES, 1995 [L.N.200/1995, Corr. No. 41/1995.]

1. These Rules may be cited as the hide, Skin and Leather Trade (Amendment) Rules, 1995.

2. The cess imposed by the Hide, Skin and Leather Trade Rules, 1995 shall be at the following percentage rates of the f.o.b. values:

(a) Suspension dried hides, wet-salted hides, dry-salted hides, raw cattle hides, calf skins, sheep skins, woollen heep skins and goat skins two percent.

(b) Hides and skins processed to we-blue chrome tanned leather form one percent.

(c) Hides and skins processed to pickled form two percent.

(d) Hides and skins processed to vegetable crust form one percent.

(e) Hides and skins processed to chrome crust or any other minerals crust leather form one percent.

(f) Hides and skins processed to finished leather form 0.5 percent.

[Corr. No. 41/1995.]


[Subsidiary]

47 [Issue 1]

HIDES, SKIN AND LEATHER TRADE (LEATHER DEVELOPMENT COUNCIL) RULES, 2010

ARRANGEMENT OF RULES

Rule 1. Citation. 2. Interpretation. 3. Establishment and composition of the Council. 4. Functions of the Council. 5. Staff of the Council. 6. Removal from office. 7. Meetings and procedure of the Council. 8. Disclosure of interest. 9. Allowances.


[Subsidiary]

[Issue 1] 48

HIDES, SKIN AND LEATHER TRADE (LEATHER DEVELOPMENT COUNCIL) RULES, 2010

[L.N. 65/2010.]

1. Citation

These Rules may be cited as the Hides, Skin and Leather Trade (Leather Development Council) Rules, 2010 and shall come into effect on the 1st July, 2010.

2. Interpretation

In these rules, unless the context otherwise requires—

“Council” means the Leather Development Council established by rule 3; and

“Minister” means the Minister for the time being responsible for livestock development.

3. Establishment and composition of the Council

(1) There is established a council to be known as the Leather Development Council.

(2) The Council shall be an unincorporated body consisting of—

(a) a chairperson, who shall not be an ex officio member, appointed, subject to paragraph (3), by the Minister from among members of the Council in consultation with the Council;

(b) the Permanent Secretary of the Ministry for the time being responsible for livestock development or the representative;

(c) the Permanent Secretary of the Ministry for the time being responsible for trade or the representative;

(d) the Permanent Secretary of the Ministry for the time being responsible for industry or the representative;

(e) the Permanent Secretary of the Ministry for the time being responsible for finance or the representative;

(f) ten members appointed by the Minister of which—

(i) one shall be a representative of Kenya Livestock Marketing Council;

(ii) one shall be a representative of Slaughter House Association;

(iii) one shall be a representative of Kenya Hides and Skins Traders and Tanners Association;

(iv) one shall be a representative of Tanners Association of Kenya;

(v) one shall be a representative of Kenya Footwear Manufacturers Association;

(vi) one shall be a representative of Kenya Leather Goods Manufacturers;

(vii) one shall be a representative of informal leather manufacturers;

(viii) one qualified representative from institutions of higher learning associated to leather development; and

(ix) two shall be persons with knowledge or experience in matters relating to leather industry or environmental matters.


[Subsidiary]

49 [Issue 1]

(3) A person shall not be appointed a chairperson under paragraph (2)(a) unless that person—

(a) holds a university degree or its equivalent related to leather industry with at least five years experience; or

(b) has at least ten years experience in leather industry or its equivalent.

(4) A member of the Council, other than ex officio member, shall hold office for a period of three years and is eligible for re-appointment for one further term.

4. Functions of the Council

(1) The principal function of the Council is to oversee and advice the Minister generally on the matters relating to the processing of and trade in hides, skins, leather and leather goods and shall in particular but without prejudice to generality of the principal function—

(a) promote, direct, co-ordinate and harmonize all activities in the leather subsector;

(b) oversee the licensing of the leather subsector;

(c) guide the implementation of the Council’s policies and strategies;

(d) advice the Minister on national strategies and policy in respect of leather subsector;

(e) undertake research and development activities;

(f) organize and supervise capacity building in the leather subsector;

(g) set standards and enforce compliance in collaboration with other relevant institutions;

(h) collect, store, analyze and disseminate data on leather subsector;

(i) mobilize technical and financial support for the leather subsector;

(j) enhance internal and external marketing strategies; and

(k) perform any other function as the Minister may consider necessary.

(2) The Council may establish committees consisting of members of the Council or non-members or both to carry out any of its functions.

5. Staff of the Council

The secretary and any other staff of the Council shall be seconded to the Council from the staff of the Ministry of Livestock Development or of any other public institution.

6. Removal from office

A member of the Council may—

(a) at any time, by notice in writing addressed to the Minister, resign from office;

(b) be removed from office if that member—

(i) has been absent from three consecutive meetings of the Council without permission of the Chairperson;

(ii) is adjudged bankrupt or enters into a composition or scheme of arrangement with his creditors;

(iii) is convicted of fraud, forgery, uttering a forged document, or for any offence under the Anti-Corruption and Economic Crimes Act;

(iv) is convicted of criminal offence and sentenced to imprisonment for a term exceeding six months, or to a fine exceeding ten thousand shillings;


[Subsidiary]

[Issue 1] 50

(v) is incapacitated by prolonged physical or mental illness; or

(vi) is unable or unfit to discharge the functions of a member of the Council;

(c) cease to be a member under rule 8(2).

7. Meetings and procedure of the Council

(1) The Council shall meet at least four times in every financial year.

(2) Unless three quarters of the members of the Council agree, at least fourteen days written notice of a meeting shall be given to every member.

(3) The quorum at the meeting of the Council is seven members of the Council.

(4) The Chairperson shall convene and preside at meetings of the Council or in the absence of the Chairperson, by the Vice-chairperson or in both their absence, by a member of the Council elected by the members present from among their number.

(5) Matters before the Council shall be decided by a majority of the members present and voting and in the event of equality of votes, the person presiding shall have a casting vote.

(6) At the first meeting of the Council, the members shall elect a vice-chairperson, not being an ex officio member, from among themselves.

(7) The proceedings of the Council shall not be invalidated by reason of a vacancy among the members.

(8) The Council shall cause minutes of all proceedings of the Council to be entered in books kept for that purpose.

8. Disclosure of interest

(1) A member of the Council or a person present at the meeting of the Council who has interest in a matter for consideration by the Council shall disclose in writing the nature of that interest and is disqualified from participating in deliberations of the Council in respect of that matter unless the Council decides otherwise.

(2) A member who contravenes paragraph (1) ceases to be a member.

9. Allowances

Members of the Council shall be paid allowances approved by the Minister in consultation with the Minister responsible for finance.

Paged Hide, Skin and Leather Trade Act Cap. 359 - No. 19 ...

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