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Arrangement of Sections
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THE HIDE, SKIN AND LEATHER TRADE RULES
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THE HIDE, SKIN AND LEATHER TRADE RULES
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1. Citation
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2. Interpretation
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3. Suspension drying
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4. Hanging of hide or skin
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5. "Wet salted" hides and skins
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6. "Dry salted" hides and skins
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7. Green-hide or skin
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8. Flaying, cleaning and trimming
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9. Slaughterman’s licence
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10. Cover-up or disguise of scratch, sore, brandmark, etc.
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11. Application for buyer’s licence
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12. Conditions for issue of a buyer’s licence
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13. Equipment and maintenance of buyer’s licence premises
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14. Opening of buyer’s premises
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15. Purchase of green hide or skin
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16. Issue of buyer’s licence for green hide or skin
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17. Employment of staff
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18. Protection from insect damage
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19. Marking of hide or skin
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20. Storage of hide or skin
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21. Transporting of dried hide or skin
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22. Despatch note
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23. Application of disinfectant or bacteria agent
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24. Grading note
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25. Conditions of buyer’s licence
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26. Specification of licensed premises in licence
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27. Display of licence
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28. Application for exporter’s or importer’s licence
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29. Exporter’s or importer’s premises
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30. Stack or pile of hide or skin or leather
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31. Duties of exporter or importer
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32. Exporter’s certificate
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33. Trading
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34. Exporter’s or importer’s books
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35. Exporter’s or importer’s report
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36. Registration certificate
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37. Register of licences
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38. Retention of books by exporter or importer
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39. Consignment of hides, skins or leather to persons in Kenya
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40. Inspection of consignment of, skin or leather
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41. Penalties
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FIRST SCHEDULE [r. 11(1)]
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SECOND SCHEDULE [rr. 11(4), 27]
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THIRD SCHEDULE [rr. 11(4), 27]
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FOURTH SCHEDULE [r. 24]
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FIFTH SCHEDULE [rr. 17, 34]
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SIXTH SCHEDULE [r. 28(1)]
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SEVENTH SCHEDULE [r. 28(7)]
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EIGHTH SCHEDULE [r. 32]
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NINTH SCHEDULE [r. 36(2)]
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TENTH SCHEDULE [r. 36(3)]
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ELEVENTH SCHEDULE [rr. 11(15), 28(8)]
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TWELFTH SCHEDULE [rr. 2, 22, 39(4)]
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THIRTEENTH SCHEDULE [r. 35(1)]
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FOURTEENTH SCHEDULE
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FIFTEENTH SCHEDULE
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SIXTEENTH SCHEDULE [r. 9]
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SEVENTEENTH SCHEDULE [r. 9(8)]
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EIGHTEENTH SCHEDULE [r. 19(1)]
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NINETEENTH SCHEDULE [r. 40]
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TWENTIETH SCHEDULE [rr. 9, 11, 28 & 36]
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HIDE, SKIN AND LEATHER TRADE (AMENDMENT) RULES
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THE HIDE, SKIN AND LEATHER TRADE (CESS) RULES
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THE HIDE, SKIN AND LEATHER TRADE (CESS) RULES
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THE HIDE, SKIN AND LEATHER TRADE RULES
ARRANGEMENT OF RULES
| 4. |
Hanging of hide or skin
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| 5. |
"Wet salted" hides and skins
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| 6. |
"Dry salted" hides and skins
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| 8. |
Flaying, cleaning and trimming
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| 9. |
Slaughterman’s licence
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| 10. |
Cover-up or disguise of scratch, sore, brandmark, etc.
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| 11. |
Application for buyer’s licence
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| 12. |
Conditions for issue of a buyer’s licence
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| 13. |
Equipment and maintenance of buyer’s licence premises
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| 14. |
Opening of buyer’s premises
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| 15. |
Purchase of green hide or skin
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| 16. |
Issue of buyer’s licence for green hide or skin
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| 18. |
Protection from insect damage
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| 19. |
Marking of hide or skin
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| 20. |
Storage of hide or skin
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| 21. |
Transporting of dried hide or skin
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| 23. |
Application of disinfectant or bacteria agent
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| 25. |
Conditions of buyer’s licence
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| 26. |
Specification of licensed premises in licence
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| 28. |
Application for exporter’s or importer’s licence
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| 29. |
Exporter’s or importer’s premises
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| 30. |
Stack or pile of hide or skin or leather
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| 31. |
Duties of exporter or importer
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| 32. |
Exporter’s certificate
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| 34. |
Exporter’s or importer’s books
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| 35. |
Exporter’s or importer’s report
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| 36. |
Registration certificate
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| 38. |
Retention of books by exporter or importer
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| 39. |
Consignment of hides, skins or leather to persons in Kenya
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| 40. |
Inspection of consignment of, skin or leather
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SCHEDULES
| FIRST SCHEDULE [r. 11(1)] — |
APPLICATION FOR BUYER'S LICENCE
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| SECOND SCHEDULE [rr. 11(4), 27] — |
BUYER’S LICENCE
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| THIRD SCHEDULE [rr. 11(4), 27] — |
BUYER'S LICENCE
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| FOURTH SCHEDULE [r. 24] — |
GRADING NOTE
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| FIFTH SCHEDULE [rr. 17, 34] — |
BUYER'S/IMPORTER'S/EXPORTER'S REGISTER
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| SIXTH SCHEDULE [r. 28(1)] — |
APPLICATION FOR EXPORTER’S/IMPORTER’S LICENCE
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| SEVENTH SCHEDULE [r. 28(7)] — |
EXPORTER'S /IMPORTER'S LICENCE
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| EIGHTH SCHEDULE [r. 32] — |
EXPORTER'S CERTIFICATE
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| NINTH SCHEDULE [r. 36(2)] — |
APPLICATION FOR A REGISTRATION OF PREMISES CERTIFICATE
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| TENTH SCHEDULE [r. 36(3)] — |
REGISTRATION OF PREMISES CERTIFICATE
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| ELEVENTH SCHEDULE [rr. 11(15), 28(8)] — |
APPLICATION FOR THE TRANSFER OF A BUYER’S/EXPORTER’S/IMPORTER’S* LICENCE FROM THE LICENSED PREMISES TO ANY OTHER PREMISES
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| TWELFTH SCHEDULE [rr. 2, 22, 39(4)] — |
DISPATCH NOTE
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| THIRTEENTH SCHEDULE [r. 35(1)] — |
HIDES AND SKINS EXPORTER’S AND IMPORTER’S MONTHLY PURCHASE RETURNS CATTLE, CALF SKINS, GOAT SKINS, HAIR SHEEP SKINS AND WOOL SHEEP SKINS
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| FOURTEENTH SCHEDULE — |
LEATHER TANNERS, HIDES AND SKINS PURCHASES AND MONTHLY INPUT RETURNS CATTLE, GOAT SKINS, HAIR SHEEP SKINS, WOOL SHEEP SKINS PURCHASE*
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| FIFTEENTH SCHEDULE — |
APPLICATION FOR A SLAUGHTERMAN’S LICENCE
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| SIXTEENTH SCHEDULE [r. 9] — |
LICENCE HOLDER
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| SEVENTEENTH SCHEDULE [r. 9(8)] — |
APPLICATION FOR THE TRANSFER OF A SLAUGHTERMAN’S LICENCE FROM ONE DISTRICT TO ANOTHER
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| EIGHTEENTH SCHEDULE [r. 19(1)] — |
MARKING OF HIDES AND SKINS
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| NINETEENTH SCHEDULE [r. 40] — |
IMPORTER’S CERTIFICATE
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| TWENTIETH SCHEDULE [rr. 9, 11, 28 & 36] — |
LICENCE AND REGISTRATION OF PREMISES FEES
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THE HIDE, SKIN AND LEATHER TRADE RULES
| 1. |
Citation
These Rules may be cited as the Hide, Skin and Leather Trade Rules, 1990.
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| 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;
"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.
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| 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; |
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| (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; |
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| (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.
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| 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;
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| (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;
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| (c) |
have, after being removed from the pile, been shaken so as to remove any surplus salt.
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| 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.
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| 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.
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| (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.
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| (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.
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| 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; |
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| (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;
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| (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.
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| 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.
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| (2) |
Any person who contravenes or fails to comply with the provision of this rule shall be guilty of an offence.
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| (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.
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| (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.
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| (5) |
An application under subrule (4) shall be accompanied by—
| (a) |
the requisite fee prescribed in the Twentieth Schedule; and
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| (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.
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| (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.
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| (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.
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| (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.
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| 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.
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| 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.
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| (3) |
There shall be separate fees for traders dealing only in green hides and skins or cured hides and skins or leather.
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| (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.
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| (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.
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| (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.
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| (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.
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| 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;
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| (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.
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| 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;
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| (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; |
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| (c) |
store hides, skins and leather in a manner and place which will keep them free from avoidable damage; and
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| (d) |
maintain in such premises suitable facilities for weighing hides, skins and leather and for measuring area of leather.
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| (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.
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| 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. |
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| 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.
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| 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;
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| (2) |
The records referred to in paragraph (1) shall be in the form prescribed in the Fifth Schedule.
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| 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;
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| (c) |
sodium silico-flouride in the form of a powder containing not less than 40 per cent of pure sodium silico-flouride;
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| (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.
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| 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.
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| (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.
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| (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.
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| 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.
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| 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;
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| (b) |
tie the hides or skins into firm bundles;
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| (c) |
stack such bundles in the transport vehicles in such manner as will prevent damage caused by rubbing; and
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| (d) |
provide reasonable protection against dust.
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| 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.
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| (2) |
Once issued a dispatch note will be valid for a period not exceeding five days from the date of issue.
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| (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;
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| (b) |
cause each hide or skin be marked or punched in the manner prescribed in rule 19 of these Rules;
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| (c) |
cause each consignment of hides and skins to be inspected by an inspector;
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| (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
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| (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.
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| (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
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| (b) |
whose doors and lids are fitted so that the whole container is dustproof and water tight at all times during transport.
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| (5) |
Any person who contravenes or fails to comply with the provisions of this rule shall be guilty of an offence.
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| 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.
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| (2) |
Any person who contravenes or fails to comply with the provisions of this rule shall be guilty of an offence.
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| 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.
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| 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;
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| (b) |
buy and sell each skin by grade as well as by piece;
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| (c) |
buy and sell leather by grade as well as by weight or area depending on the tonnage and type of leather;
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| (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.
|
| (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;
|
| (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;
|
| (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
| (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.
|
| (3) |
Any person who contravenes or fails to comply with the provisions of this rule shall be guilty of an offence.
|
|
| 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.
|
|
| 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 [r. 11(1).]
HIDE, SKIN AND LEATHER TRADE
APPLICATION FOR BUYER’S LICENCE
SECOND SCHEDULE [rr. 11(4) and 27.]
HIDE, SKIN AND LEATHER TRADE ACT
THIRD SCHEDULE [rr. 11(4) and 27.]
HIDE, SKIN AND LEATHER TRADE ACT
FOURTH SCHEDULE [r. 24.]
HIDE, SKIN AND LEATHER TRADE ACT
FIFTH SCHEDULE [rr. 17 and 347.]
HIDE, SKIN AND LEATHER TRADE ACT
BUYER’S/IMPORTER’S/EXPORTER’S REGISTER
SIXTH SCHEDULE [R. 28(1).]
HIDE, SKIN AND LEATHER TRADE ACT
APPLICATION FOR EXPORTER’S/IMPORTER’S LICENCE
SEVENTH SCHEDULE [r. 28(7).]
HIDE, SKIN AND LEATHER TRADE ACT
EXPORTER’S/IMPORTER’S LICENCE
EIGHTH SCHEDULE [r. 32.]
HIDE, SKIN AND LEATHER TRADE ACT
NINTH SCHEDULE [r. 36(2).]
HIDE, SKIN AND LEATHER TRADE ACT
APPLICATION FOR A REGISTRATION OF PREMISES CERTIFICATE
TENTH SCHEDULE [r. 36(3).]
HIDE, SKIN AND LEATHER TRADE ACT
REGISTRATION OF PREMISES CERTIFICATE
ELEVENTH SCHEDULE [rr. 11(15) and 28(8).]
HIDE, SKIN AND LEATHER TRADE ACT
APPLICATION FOR THE TRANSFER OF A BUYER’S/EXPORTER’S/IMPORTER’S*
LICENCE FROM THE LICENSED PREMISES TO ANY OTHER PREMISES
TWELFTH SCHEDULE [rr. 2, 22 and 39(4).]
HIDE, SKIN AND LEATHER TRADE ACT
THIRTEENTH SCHEDULE [r. 35(1).]
HIDE, SKIN AND LEATHER TRADE ACT
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 [r. 35(2).]
HIDE, SKIN AND LEATHER TRADE ACT
A. LEATHER TANNERS, HIDES AND SKINS PURCHASES AND MONTHLY INPUT RETURNS CATTLE, GOAT SKINS, HAIR SHEEP SKINS, WOOL SHEEP SKINS PURCHASE*
FIFTEENTH SCHEDULE
HIDE, SKIN AND LEATHER TRADE ACT
APPLICATION FOR A SLAUGHTERMAN’S LICENCE
SIXTEENTH SCHEDULE [r. 9.]
HIDE, SKIN AND LEATHER TRADE ACT
SEVENTEENTH SCHEDULE [r. 9(8).]
HIDE, SKIN AND LEATHER TRADE ACT
APPLICATION FOR THE TRANSFER OF A SLAUGHTERMAN’S LICENCE FROM ONE DISTRICT TO ANOTHER
EIGHTEENTH SCHEDULE [r. 19(1).]
HIDE, SKIN AND LEATHER TRADE ACT
MARKING OF HIDES AND SKINS
NINETEENTH SCHEDULE [r. 40.]
HIDE, SKIN AND LEATHER TRADE
(Including goods off-loaded while in transit)
TWENTIETH SCHEDULE [rr. 9, 11, 28 and 36.]
HIDE, SKIN AND LEATHER TRADE
LICENCE AND REGISTRATION OF PREMISES FEES
THE HIDE, SKIN AND LEATHER TRADE RULES
| 1. |
Citation
These Rules may be cited as the Hide, Skin and Leather Trade Rules.
|
| 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 lose 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;
"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 hide or skin which has been treated in the manner prescribed in rule 3;
"tanning" means treating a hide 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
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.
|
| 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;
|
| (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.
|
| (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.
|
|
| 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;
|
| (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.
|
| (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
|
| (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.
|
| (2) |
Any person who contravenes or fails to comply with the provisions of this rule shall be guilty of an offence.
|
|
| 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.
|
| (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;
|
| (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;
|
| (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
| (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.
|
| (3) |
Any person who contravenes or fails to comply with the provisions of this rule shall be guilty of an offence.
|
|
| 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.
|
|
| 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 [r. 11(1)]
APPLICATION FOR BUYER'S LICENCE
|
HIDE, SKIN AND LEATHER TRADE ACT
|
|
(CAP. 359)
|
|
|
|
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 hide 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: ...........................................................................................................................................................................................
|
|
Has the applicant been convicted within the last five years, of any criminal offence in Kenya or elsewhere—
|
|
(a) under any provision of the Hide, 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 Hide, 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 hide, 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 orperson authorized by him
|
|
|
|
Note.—The application should be submitted in duplicate, in English or Kiswahili to the licensing officer of the area in which the premises are situated.
|
|
Copies of Hide, Skin and Leather Trade Act and Rules made thereunder may be purchased from the Government printer.
|
|
|
SECOND SCHEDULE [rr. 11(4), 27]
BUYER’S LICENCE
|
THE HIDE, SKIN AND LEATHER TRADE ACT
|
|
(CAP. 359)
|
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: ..................................................
.....................................................................................................
|
Date: .................................................
|
...................................
|
|
|
|
|
Signature of Licence Holder
|
|
|
|
|
.........................................
|
|
|
|
|
Licensing Officer
|
|
|
|
|
....................................... (area)
|
|
*Delete where not applicable
|
THIRD SCHEDULE [rr. 11(4), 27]
BUYER'S LICENCE
|
LICENCE HOLDERTHE HIDE, SKIN AND LEATHER TRADE ACT(CAP. 359)
|
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: .............................................
|
Date: ........................................................
|
....................................................Signature of Licence Holder
|
|
|
|
|
....................................................Licensing Officer for
|
|
|
|
|
......................................... (area)
|
|
________________________________________________________________________________________________Page 2
|
|
|
Hides, skins and leather for which licence is valid.
|
|
1. Green hides and skins ........................................................................................
|
|
2. Cured hides and skins* .....................................................................................
|
|
3. Leather† ..........................................................................................................
|
|
____*
|
____________________________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.
|
|
|
|
_______________________________________________________________________________________________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)
|
|
|
|
FOURTH SCHEDULE [r. 24]
GRADING NOTE
|
THE HIDE, SKIN AND LEATHER TRADE ACT(CAP. 359)
|
FIFTH SCHEDULE [rr. 17, 34]
BUYER'S/IMPORTER'S/EXPORTER'S REGISTER
|
THE HIDE, SKIN AND LEATHER TRADE ACT(CAP. 359)
|
SIXTH SCHEDULE [r. 28(1)]
APPLICATION FOR EXPORTER’S/IMPORTER’S LICENCE
|
THE HIDE, SKIN AND LEATHER TRADE ACT
|
|
(CAP. 359)
|
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 ...................................................................................
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 hide, 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 Hide, 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/secretaary/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 ..............................................
|
..............................................
|
|
|
Signature of Applicant
|
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 Authorized 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.
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 Hide, Skin and Leather Trade Act and Rules thereunder may be purchased from the Government Printer.
*Delete where not applicable.
SEVENTH SCHEDULE [r. 28(7)]
EXPORTER'S /IMPORTER'S LICENCE
|
THE HIDE, SKIN AND LEATHER TRADE ACT(CAP.359)
|
|
|
|
|
Licence No. .................. is hereby licensed to export/import ...............................
This licence is issues 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 Hide, 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? ........................................................
I am the managing director/secretary/local manager/partner* of the applicant corpora-tion/firm.
The directors of the corporation/partners of the firm are (give names and address):
........................................................................................................
........................................................................................................
The corporation/firm is solvent.
|
EIGHTH SCHEDULE [r. 32]
EXPORTER'S CERTIFICATE
|
THE HIDE, SKIN AND LEATHER TRADE ACT(CAP.359)
|
NINTH SCHEDULE [r. 36(2)]
APPLICATION FOR A REGISTRATION OF PREMISES CERTIFICATE
|
|
|
|
|
THE HIDE, SKIN AND LEATHER TRADE ACT(CAP. 359)
|
|
|
|
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To: The Inspector, ....................................... (area).
I, the undersigned, thereby apply for a Registration of Premises Certificate to be issued to me under the Hide, Skin and Leather Trade Act. I enclose the prescribed fee of KSh. ............................................................................................
Full name, nationality and occupation of the applicant:
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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: .........................
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The capacity of the tannery is:
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(i)
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Wet blue chrome tanned leather ........................................................
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kg.
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(ii)
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Crust tanned leather .......................................................................
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kg./sq. ft.
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(iii)
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Finished leather .............................................................................
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kg./sq. ft.
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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.
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Date ..............................
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Signature of Applicant
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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.
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......................................
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(Inspector)
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The premises to which this application relates are suitable, having regard to the interests of public health.
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....................................................
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(Medical Officer of Health
or Person Authorized by Him
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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 bank-ruptcy 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.
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 Hide, Skin and Leather Trade Act and Rules made thereunder may be purchased from the Government Printer.
TENTH SCHEDULE [r. 36(3)]
REGISTRATION OF PREMISES CERTIFICATE
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THE HIDE, SKIN AND LEATHER TRADE ACT(CAP. 359)
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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:.........................................................................................................................................
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..........................................................................................................................................
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Date: ........................................................
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........................................................
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Inspector
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*Delete whichever is not applicable.
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ELEVENTH SCHEDULE [rr. 11(15), 28(8)]
APPLICATION FOR THE TRANSFER OF A BUYER’S/EXPORTER’S/IMPORTER’S* LICENCE FROM THE LICENSED PREMISES TO ANY OTHER PREMISES
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THE HIDE, SKIN AND LEATHER TRADE ACT(CAP. 359)
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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.
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Date: ....................................
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Signature of Applicant
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*Delete as necessary.
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TWELFTH SCHEDULE [rr. 2, 22, 39(4)]
DISPATCH NOTE
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THE HIDE, SKIN AND LEATHER TRADE ACT(CAP. 359)
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SERIAL NUMBER ...........................................................................................
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OriginalDuplicateTriplicate
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DESPATCH NOTE
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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.
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Name of Buyer ................................................................................
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Original Owner .................................................................................
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Licence No. ........................................................................................
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Address ...............................................................................................
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Make and Registration Number of Vehicle .............................................
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Intended Destination ...........................................................................
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Name of Driver ...................................................................................
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Date .....................................
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Signed ................................
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Inspector ............................................
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District ...................................................
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Designation ..............................
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*Please specify
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NOTE.—Duplicate of this despatch note shall be sent to the District Veterinary Office of the intended destination or the hides and skins being transported.
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THIRTEENTH SCHEDULE [r. 35(1)]
HIDES AND SKINS EXPORTER’S AND IMPORTER’S MONTHLY PURCHASE RETURNS CATTLE, CALF SKINS, GOAT SKINS, HAIR SHEEP SKINS AND WOOL SHEEP SKINS
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THE HIDE, SKIN AND LEATHER TRADE ACT(CAP. 359)
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FOURTEENTH SCHEDULE
LEATHER TANNERS, HIDES AND SKINS PURCHASES AND MONTHLY INPUT RETURNS CATTLE, GOAT SKINS, HAIR SHEEP SKINS, WOOL SHEEP SKINS PURCHASE*
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THE HIDE, SKIN AND LEATHER TRADE ACT(CAP. 359)
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FIFTEENTH SCHEDULE
APPLICATION FOR A SLAUGHTERMAN’S LICENCE
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THE HIDE, SKIN AND LEATHER TRADE ACT(CAP. 359)
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To: The Licensing Officer, ..................................................... (area).I, the undersigned, hereby apply for a slaughterman's licence to be issued to me under the Hide, Skin and Leather Trade Act. I enclose the prescribed fee of ........................................... and four similar copies of my photograph.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 Hide, Skin and LeatherTrade Rules: ...........................................................I have read and understood the conditions laid down in rule 9 of the Hide, Skin and Leather Trade Rules.I declare that the above particulars are correct and am fully aware of the penalties which may be imposed should I be convicted of any untrue statement in the application.
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Date: ................................
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Signature of Applicant
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Inspector
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SIXTEENTH SCHEDULE [r. 9]
LICENCE HOLDER
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THE HIDE, SKIN AND LEATHER TRADE ACT(CAP. 359)
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Serial No. ................................................................................ is hereby licensed to operate as a slaughterman in .......................................... District.
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Date ..........................................................
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Licensing Officer
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.............................................. (area)
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______________________________________________________________________________________
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PAGE 3
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ANNUAL LICENSING
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This licence expires on the 31st December, 20 ..........................
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Received this .................... day of ................................... 20 ........................
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Receipt No. ...........................................................
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Licensing Officer
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.................................................... (area)
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______________________________________________________________________________________
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PAGE 4
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TRANSFER TO OTHER DISTRICTS
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The holder of this licence is hereby permitted to operate in ........................................... District.
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Licensing Officer
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......................................... (area)
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SEVENTEENTH SCHEDULE [r. 9(8)]
APPLICATION FOR THE TRANSFER OF A SLAUGHTERMAN’S LICENCE FROM ONE DISTRICT TO ANOTHER
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THE HIDE, SKIN AND LEATHER TRADE ACT(CAP. 359)
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To the .....................................................................................................................I, ........................................................................................ holder of Slaughterman's Licence No. ...............................................................issued at ..................................... do thereby apply to have the above licencetransferred so that I shall be able to operate in .......................................... Districtand declare that I shall cease to operate in the previous district with effect from
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Date ..........................................
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Signature of Applicant
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EIGHTEENTH SCHEDULE [r. 19(1)]
MARKING OF HIDES AND SKINS
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THE HIDE, SKIN AND LEATHER TRADE ACT(CAP. 359)
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Numbers, Letters and Symbols
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Area
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NY
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Nyanza Province.
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WE
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Western Province.
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RV
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Rift Valley Province.
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CE
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Central Province.
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EA
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Eastern Province.
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NE
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North-Eastern Province.
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CO
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Coast Province.
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NA
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Nairobi Province.
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NINETEENTH SCHEDULE [r. 40]
IMPORTER’S CERTIFICATE
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THE HIDE, SKIN AND LEATHER TRADE ACT(CAP. 359)
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TWENTIETH SCHEDULE [rr. 9, 11, 28 & 36]
LICENCE AND REGISTRATION OF PREMISES FEES
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THE HIDE, SKIN AND LEATHER TRADE ACT(CAP. 359)
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I-Licences
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1. Buyer's Licence:
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Sh.
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(a) Green hides and Skins ...............................................
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200
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(b) Cured hides and skins:
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(i) Rural areas ...............................................
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200
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(ii) Urban areas ............................................
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500
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(c) Leather .....................................................................................
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500
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2. Exporter's and importer's licence:
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(a) Exporter ........................................................................................
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2,000
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(b) Importer .........................................................................................
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2,000
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3. Slaughterman's licence ..................................................................
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100
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II—Registration of Premises
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1.Hides and skins curing premises
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2.Tannery:
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(a) Rural ............................................................................................
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100
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(b) Commercial ...................................................................................
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500
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HIDE, SKIN AND LEATHER TRADE (AMENDMENT) RULES
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These Rules may be cited as the hide, Skin and Leather Trade (Amendment) Rules, 1995.
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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:
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(a)
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Suspension dried hides, wet-salted hides, dry-salted hides, raw cattle hides, calf skins, sheepskins, woollen heep skins and goats skins
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two percent
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(b)
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Hides and skins processed to we-blue chrome tanned leather form
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one percent.
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(c)
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Hides and skins processed to pickled form
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two percent.
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(d)
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Hides and skins processed to vegetable crust form
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one percent.
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(e)
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Hides and skins processed to chrome crust or any other minerals crust leather form
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one percent.
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(f)
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Hides and skins processed to finished leather form
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0.5 percent.
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[Corr. No. 41/1995.]
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THE HIDE, SKIN AND LEATHER TRADE (CESS) RULES
ARRANGEMENT OF RULES
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Revocation of L.N. 144 of 2014
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SCHEDULES
THE HIDE, SKIN AND LEATHER TRADE (CESS) RULES
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Citation
These Rules may be cited as the Hide, Skin and Leather Trade (Cess) Rules, 2017.
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| 2. |
Rate of cess
The cess payable on hides, skins, leather and leather goods shall be a percentage of the free on board values at the rate set out in the Schedule hereto.
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| 3. |
Revocation of L.N. 144 of 2014
The Hide, Skin and Leather Trade (Cess) Rules, 2014 (L.N. 144/2014) are revoked.
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SCHEDULE
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Description of item
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Rate of Cess
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Suspension dried hides, wet-salted hides, raw cattle hides, calfskins, sheepskins, wool sheepskins, goat skins, donkey skins, crocodile skins and camel hides.
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1%
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Hides and skins processed to wet blue state.
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0.75%
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Hides and skins processed to pickle form.
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1%
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Hides and skins processed to crust form.
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0.5%
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Hides and skins processed to finished leather.
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0.5%
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THE HIDE, SKIN AND LEATHER TRADE (CESS) RULES
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Citation
These Rules may be cited as the Hide, Skin and Leather Trade (Cess) Rules.
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| 2. |
Rate of cess
The cess payable on hides, skins, leather and leather goods shall be a percentage of the free on board values at the rate set out in the Schedule hereto.
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| 3. |
Revocation of L.N. 144 of 2014
The Hide, Skin and Leather Trade (Cess) Rules, 2014 (L.N. 144/2014) are revoked.
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SCHEDULE
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Description of item
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Rate of Cess
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Suspension dried hides, wet-salted hides, raw cattle hides, calfskins, sheepskins, wool sheepskins, goat skins, donkey skins, crocodile skins and camel hides.
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1%
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Hides and skins processed to wet blue state.
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0.75%
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Hides and skins processed to pickle form.
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1%
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Hides and skins processed to crust form.
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0.5%
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Hides and skins processed to finished leather.
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0.5%
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