NGO Act 2009

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Non-Governmental Organisations' [No . 16 o f 20 09 183

T H E N O N - G O V E R N M E N T A L O R G A N I S A T I O N S '

A C T , 2 0 0 9

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

Section

I . Short t i t le and comm encem ent.2 . Application3 . Administration of Act4. Interpretation

PART II

THE NON-GOVERNMENTAL ORGANISATION'S REGISTRATION BOARD

5. Establ ishment of Non-Gov ernmental Organisat ionsRegistration Board

6. Com position of Board7. Func tions of Board8. Regis t rar for Non-Go vernmen tal Organ isat ions '9 . Docum entat ion Centre

PART III

REGISTRATION OF NON-GOVER MENTA L ORGANISATIONS

10. Prohibition of operation of unregistered organisationI I . Application for registration12 . Organisation deemed to be established in Zambia13 . Certificate of registration14. Validity of certificate15. Refusal of registration16 . Renewal of certificate of registration17 . Suspension and cancellation of certificate18 . Loss of certificate19 . Board may require proof of existence2 0. Regis ter

Single co pies o f this Act may be obtained from the Govern ment Printer,P.O. Box 30136, 10101 Lusaka. Price Kl0,000 each

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.184 N o. 16 of 20 09 ] Non-Governmental Organisations'

2 1 . Publication of organisations2 2 . Appeals2 3 . Exempt organisations2 4 . No diplomatic privileges or imm unities for non

governmental organisations

2 5 . Change of name, objects, etc2 6. Information to be furnished by organisation2 7. Registered Office2 8. List of office bearers to be furnished to Registrar on

change of office bearers

SELF REGULATION BY NON-GOVERNMENTAL ORGANISATIONS'

2 9. Establ ishment of Congress3 0. Constitution of Council3 1 . Functions of Council3 2 . Code of Conduct3 3 . Publication of Code of Conduct34. Membership of interim Council

PART IV

DUTIES OF REGISTERED ORGANISATIONS

PART V

PART VI

GENERAL PROVISIONS

3 637

Transitional periodOffences and penaltiesRegulations

S C H E D U L E

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G O V E R N M E N T O F Z A M B I A

A C TN o. 16 of 200 9

Date of Assent : 2 6th August , 20 09A n A c t to p r o v i d e f o r t h e c o - o r d i n a t i o n a n d r e g i s t r a t i o n

o f n o n - g o v e r n m e n t a l o r g a n i s a t i o n s ; e s t a b l i s h t h eN o n - G o v e r n m e n t a l O r g a n i s a t i o n s ' R e g i s t r a t i o nB o a r d a n d t h e Z a m b i a C o n g r e s s of N o n -G o v e r n m e n t a l O r g a n i s a t i o n s ; c o n s t i t u t e t h e C o u n c i lo f N o n - G o v e r n m e n t a l O r g a n i s a t i o n s ; e n h a n c e t h et r a n s p a r e n c y, a c c o u n t a b i l i t y a n d p e r f o r m a n c e o f n o ng o v e r n m e n t a l o r g a n i s a t i o n s ; a n d p r o v i d e f or m a t t e r sc o n n e c t e d w i t h o r i n c i d e n t a l t o t h e f o r e g o i n g .

[28th August, 2009

ENACTED by the Par l iament of Zambia. E n a c t m e n t

P A R T 1

PRELIMINARY

1. T h i s A c t m a y b e c i t e d as t h e N o n - G o v e r n m e n t a lOrganisat ions 'Act , 2009, and shal l come into operat ion on suchdate as the Minister may, by statutory instrument, appoint.

2. (1) This Act does not apply to church es, clubs, political parties,professional groups or organisations, trade unions and religious

organisations.(2) The Minis ter may, by s ta tutory ins t rument , extend the

application of this Act to such other organisations as the Ministermay de te rmine .

3. This Act shall be administered and implemented by theMinistry responsible for community development and social welfare.

Short t i t lean dcommencement

A p p l i c a t i o n

Administrationof Act

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186 N o . 16 o f 200 9] Non-Governmental Organisations

Interpretation

Establishmentof Non-GovernmentalOrganisationsRegistrationBoard

C o m p o s i t i o nof Board

4. In this Act, unless the context otherwise requires" B o a r d " m e a n s th e N o n - G o v e r n m e n t a l O r g a n i s a t i o n s '

Registration Board established under sectionfive;

"certificate" means the certificate of registration issued underPart 111 of this Act;

" C o n g r e s s " m e a n s t h e Z a m b i a C o n g r e s s o f N o n -Governmental Organisat ions es tabl ished under sect iontwenty-nine;

" C o u n c i l " m e a n s t h e C o u n c i l o f N o n - G o v e r n m e n t a lOrganisations established under sectionthirty;

"international non-governmental organisation" means a nongovernm ental organisation with the original incorporationin one or more countries other than Zambia;

"non - governmental organisation" means a private voluntarygrouping of individuals or associations, wheth er c orporateor unincorporated, not established or operated for profit ,partisan polit ics or any com merc ial purpos es, and who orwhich have organised themselves for the promotion of civice d u c a t i o n , a d v o c a c y, h u m a n r i g h t s , s o c i a l w e l f a r e ,development, charity, research or other activity or program

for the benefit or interest of the public, through resourc esmobilised from sources within or outside Zambia;

" R e g i s t e r " m e a n s t h e R e g i s t e r f o r N o n - G o v e r n m e n t a lOrganisations; and

"Regis t ra r " means the Reg i s t ra r fo r Non-Governmenta lOrganisations appointed under sectioneight.

PART II

THE NON-GOVERNMENTAL ORGANISATIONS' REGISTRATION BOARD

5. (1) There i s he reby es tab l i shed the N on-Go vernm enta l

Organisations' Registration Board.(2) The provision s of the Schedu le apply to the Board.(3) The expenses and cost of the Board shall be paid out of

funds appropria ted by Par l iament for the performance of theBoard's functions under this Act.

6. (1) The Board shall consist of fifteen part-time membersappointed by the M inister.

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Non-Governmental Organisations [No . 16 o f 20 09 187

(2) The Board shall com prise(a) two members appointed by the Minister by virtue of the

members' knowledge or experience in development andwelfare management ;

(b ) one person each from the

(i) Ministry responsible for health;

(ii) Min istry responsible for hom e affairs;

(ii i) Ministry responsible for econom ic planning;

( i v ) M i n i s t r y r e s p o n s i b l e f o r c o m m u n i t ydevelopment ; and

(v) the Ministry respon sible for local govern men t;

(c ) a representative of the Attorney - General;

(d ) seven members elected by the Congress; and

(e ) the Registrar, as ex-officio member.

(3) The Minister shall , on receiving the nam es of the proposedrepresentatives un der subsection (2), consider the nomination s andmay reject any nomination:

Provided that where the Minister rejects any proposed

representative, the Minister shall direct the organisation orinstitution which proposed the representative to avail theMinis ter wi th the name of another representat ive .

(3) The Minis ter shal l , in making appointments under thissection, ensure equal gender representation on the Board.

(4) The Chairperson and Vice - Chairperson shall be appointedby the Ministe r from am ongst the mem bers.

(5) A person shall not be appointed as a me mbe r of the Boardif the person

fa) is an undisch arged bankrup t;

(b ) is insane or of unsound mind; or

(c ) has been convicted of an offence under any law.

(6) The Board may invite any person wh ose presence is in i tsopinion d esirable to attend and to participate in the deliberations ofa meeting of the Board but such person shall have no vote.

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Funct ions ofBoard

Registrar forN o n -GovernmentalOrganisations

DocumentationCent re

7. The functions of the Board are to (a ) register non-governmental organisations;(b ) a p p r o v e t h e a r e a o f w o r k o f n o n - g o v e r n m e n t a l

organisations operating in Zambia;(c ) maintain a register of national and international non

governmental organisations operating in Zambia, withthe sectors, affiliations and locations of their activities;

(d ) recommend the rules and procedures for the audit of theaccounts of non-governmental organizations;

(e ) prescribe rules for the declaration of assets and liabili t ies

by officers of non-governmental organisations;(j) receive and discuss the annual reports of non-governmental

o rgan i sa t ions submi t t ed by the non-g overn me nta lorganisations pursuant to section twenty-six;

(g) advise the Government on the act ivi t ies of the nongovernmental organisations and their rcle in developmentin Zam bia;

(h ) conduct a regular review of the Register to determine thecons i s t ency o f the repor t s submi t t ed by the nongovernmental organisations and the Council;

(i) provide policy guidelines to non-governm ental organisationsf or h a r m o n i s i n g t h e i r a c t i v i t i e s t o t h e n a t i o n a l

development plan for Zambia;(j) receive and discuss the reports of the Council and advise

on strategics for efficient plan ning and co-ordination ofthe activities of non-governmental organisations; and

(k ) receive, discuss and approve the code of conduct preparedby the Council for the self regulation of non-governmentalorganisations and their operations in Zambia.

8. (1 ) There sha ll be a Reg i s t ra r for No n-G ove rnm enta lOrg anisa tions wh o shall be a public officer appo inted by the PublicService Commission.

(2) The office of the Registrar shall be a depa rtmen t in the

Ministry responsible for community development and social welfare.(3) The Public Service Com mission shall appoint such other

officers as are necessary for purposes of this Act.

9. The Board shall establish and maintain a documentationcentre on non-governmental organisations and their activities inZambia and such other information as may be necessary for theu n d e r s t a n d i n g a n d p r o m o t i o n o f t h e c o n t r i b u t i o n o f n o ngovernmental organisations to national development.

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Non-Governmental Organisations' [ N o . 16 o f 20 09 189

PART III

REGISTRATION OF NON-GOVERNM ENTAL ORGANISATIONS

1 0 . (1) Subject to sectioneleven, a person shall not operate anon-gov ernm ental organisation tha t is not registered in accordan cewith this Act.

(2) An international non-g overnm ental organisatio n shall notoperate in Zambia without registration under this Act.

(3) A person wh o contrav enes subsection (1) or (2) comm itsan offence and is l iable, upon conviction, to a fine not exceedingthree hundred thousand penalty units or to imprisonm ent for a termnot exceeding three years, or to both.

(4) Any person who is convic ted of an offence under this Actshall be disqualified from holding office in any non-governmentalorganisation for a period often years from the date of conviction.

11 . (I ) A non-gove rnmental orga nisation shall, within thirty daysof i ts formation or of i ts adoption of a constitution, apply to theRegistrar for registration under this Act.

(2 ) A non-governmen tal organisation that submits an application

for registration under sub-section (1) may operate until a decisionis made by the Board on its application.

(3) An app l icat io n for regis t ra t ion shal l be m ade to theRegistrar, in the prescribed m anner and form, upon paym ent of theprescribed fee.

(4) An

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190 No . 16 o f 200 9] Non-Governmental Organisations

(6) An app licatio n for regist ration under this section shall beaccompanied by a certified copy of the constitution of the proposednon-governmental organisation and such other information as theMinister may prescribe by statutory instrument.

Organisation 12. (1) A non-go vernm ental organisation shall be deem ed toes tabHshed '31 ' ' 3 e estab lished in Za mb ia althoug h it is organ ised and has itsin Zam bia headquarters or chief place of business outside Zambia, if any of

its officer-bearers or members reside in Zambia or are presenttherein, or if any person in Zambia manages or assists in themanagement of such organisation or solicits or collects money orsubscriptions on itsbehalf.

(2) A non-gov ernm ental organisation shall not be deem ed tobe esta blish ed in Za mb ia if

(a ) i t is organised and is operating outside Zambia;(b ) no office, place of bus ines s or plac e of me etin g is

maintained or used in Zambia by the non-governm entalorganisation or by any person on itsbehalf;

(c) no register of all or any of the members of the nongovernmental organisation is kept in Zambia;

(d ) no subscriptions are collected or solicited in Zambia bythe organisation or by any person on itsbehalf; an d

(e) it is not registered under this Act.

13 . (1 ) The Registrar shall, upon registering a non-governmentalorganisation under this Act, issue the organisation with a certificateof registration in the prescribe d form on such term s and cond ition sas the Board may determine.

(2) A certificate of registration shall be conclusiv e evidenc eof authority of i ts holder to operate throughout Zambia or suchparts of the country as are specified therein.

14. A certificate shall , unless cance lled, be valid for a periodof five yea rs from the date of issue.

15. (1) The Board shall reject an application for registrationof a non-go vernm ental orga nisation if

(a) the p roposed ac t iv i t i e s o r p ro ced ures o f the nongovern men tal organisation are not in the public interest;

(b) the certificate previously held by the non-go vernm entalorganisation has been revoked by the Board;

(c) the applicant submits false information in relation to therequirements under subsection (5) of sectioneleven;

Certif icate ofregistration

Validity ofcertificate

Refusal ofregistration

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Non-Governmental Organisations' [N o. 16 of 2 00 9 19.1

(d ) the Board is satisfied, on the recommendation of theCoun cil , that the application should not be approved ;

(e ) the terms of the constitution or rules of the organisationare repugnant to, or inconsistent with, the provisions ofany law;

(f ) the application d oes not comply w ith the provisions of thisAc t ;

(g ) t h e B o a r d i s s a t i s fi e d t h a t t h e n o n - g o v e r n m e n t a lorganisation does not exist; or

(h ) the name unde r which then o n - g o v e r n m e n t a l o r g a n i s a t io nis to be registered(i) is identical with that of anothe r existing non

governmental organisation;( i i ) r e s e m b l e s t h e n a m e o f a n o t h e r n o n

governmental organisat ion and is l ikely todeceive the public; or

(ii i) is repugn ant or otherw ise unde sirable.

(2 ) Th e Boa rd shall, wher e it rejects an app licatio n, notify theapplica nt in writing of the rejection of the application and shallstate the reasons therefor.

( 3 ) N o t h i n g in t h i s A c t p r e c l u d e s a n o n - g o v e r n m e n t a lorganisation whose application for registration is rejected undersubsection (1) from making a fresh application for registration.

16 . (1) A non-governmental organisation may, at least threemonths before the expiry of i ts certificate, apply to the Board forthe renewal of the certificate.

(2) The Board may, wh ere an appl ic at ion is ma de undersubsection (1), issue a certificate to take effect from the date ofexpiry of the applica nt 's previous certificate.

(3) The Board may, on the issue of a new certificate u nderthis section, vary the terms and cond itions attached to the certificate.

17 . (1) T he Board m ay suspend or cancel a certificate of anon-governmental organisat ion where

(a) the non-governmental organisation violates the terms orconditions attached to the certificate;

(b) the non-governmental organisation fails to submit theannual reports or the accounts or returns referred to inparagraphs (d ) and (e) of section twenty-six;

Renewal ofcertif icate ofregistration

S u s p e n s i o nan dcancellationof cert if icate

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192 N o . 16 o f 200 9] Non-Governmental Organisations'

(c) the o ff i ce r s o r me mb ers o f the n on-g ove rnm enta lorganisation misappropriate or misapply the funds of theorganisation;

(d ) the non-gov ernm ental organisa t ion contrav enes anyprovision of this Act or the Code of Conduct;

(e) the constitution of the non-governmental organisation isinconsistent with the provisions of any law;

(j) the Council recommends the suspension or cancellationof the certificate of the non-governm ental organisation;

(g ) the organisation alters i ts objects or pursues objects otherthan its declared objects; or

(h ) the non-governmental organisation has ceased to exist .

(2) The Board shal l serve a not ice of the suspen sion orcancellation of a certificate and the reasons therefor on the nongovern men tal organisat io n who se cer t i f icate is cance l led orsuspend ed and the suspens ion o r canc e l l a t ion o f the nongovernmental organisation, as the case may be, shall take effectfourteen days from the date of that notice.

(3) The Board shall , prior to the suspension or cance llation of acertificate, give the non-governm ental organisation an oppo rtunityto submit reasons why the certificate should not be suspended orc a n c e l l ed .

(4) Upon the suspension of a certificate, the Board shall specify,in writing the period of the suspension and during that period, thecertificate so suspended shall be of no legal force or effect andshall be surrendered to the Registrar.

(5) Upon the cancellation of a certificate under subsection (1),the Board shall notify the non-go vernm ental organisation w hosecertificate is cancelled , in writing of the cancellation and from thedate of the notic e, the certificate so cancelled shall no longer be ofany legal force or effect and shall forthwith be surrendered to theRegistrar.

Loss of 18. (1 ) Wh ere a non-g overn men ta l o rgan i sa t ion losses acertificate certificate, the non-governmental organisation shall inform the

Registrar within fourteen days of the loss and shall, after a furtherperiod of fourteen da ys, in the prescribed m anne r and form, applyto the Board for the issuance of a duplicate certificate.

(2) The Board shal l , where an appl icat ion is mad e undersubsection (1 ), issue a duplica te certificate.

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19. (1) The Board may, where it has reasonable grounds tobelieve that a registered non-governmental organisation has, forany reason, cea sed to exist , publish in theGazette a notice callingupon such non-governmental organisation to furnish it , within aperiod of thirty days from the date of the notice, with proof of i tscont inued exis tence.

(2) The proof given under subsection (1) shall be accompaniedby an authent icated recomm endat ion by the Counci l .

(3 ) Th e Boa rd sha l l s t r ik e o ff the Re g i s t e r any non

governmental organisat ion which fa i ls to provide proof of i t sexistence w ithin the period stipulated under subsection (1) or if theCou nc i l r ep or t does no t conf i rm the ex i s t e nce o f the nongovernmental organisation.

(4) The Cou ncil shall , wh ere it has reaso nab le groun ds tobelieve that an organisation has ceased to exist , recommend to theBoard the manner of distributing the assets and liabili t ies of theorganisation and the reasons therefor.

20. (1) The Reg istrar shall keep a Register in which the Reg istrarshall enter all the particulars and othe r information relating to nongovernmental organisations registered under this Act.

(2) A person may, upon payment of the prescribed fee, inspectthe Register during the usual office hours.

(3) Any docum ent purporting to be an extract of any entry inthe Register and to be certified under the hand of the Registrarshall be received in eviden ce as to the matte rs stated therein in anyproceeding under the provisions of the Act.

2 1 . The Registrar shall publish annually, in theGazette

(a) every registration effected under this Act;

(b ) every suspension or cancellation of registration under thisAct; and

(c ) every refusal to register a non-go vernm ental organisationunder this Act.

22 . (1) A non-g overn me ntal organisa tion which is aggrievedwith any decision of the Board made under this Part may, withinsixty days from the date of the decision, appeal to the Minister.

(2) On request from theM inister, the Board shall provide writtencomments on any matter over which an appeal has been submittedto the Minister under this section.

Board mayrequi re proofof ex is tence

Regis te r

Publ ica t iono forganisa t ions

A p p e a l s

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E x e m p torganisa t ions

dip lomat ic

privileges orimmunitiesfor nongovernmentalorganisa t ions

2 0ap.

Change ofname,objects, etc.

Informationto be

furnished byorganisation

(3) The Minister shall issue a decision on the appeal withinthirty days from the date of the appeal.

(4) Any person aggrieved with the decision of the Ministe rmay within thirty days of receiving the decision from the Minister,appeal to the High Court.

2 3 . The Minister may, on the recommendation of the Board,by notice in theGazette, exempt any non-governmental organisationfrom registration under this Act as the Minister may determine.

2 4 . Anon-governmental organisation registered under this Actshall not be entitled to diplomatic or consular privileges or immunitiesgranted under the Diplomatic Immunities Act or any other writtenlaw.

PART IV

DUTIES OF REGISTERED NON-GOVERNMENTAL ORGANISATIONS

25 . (1) A registered non-go vernm ental organisation which(a) changes its name, i ts constitution or rules;(b) alters i ts objectives;(c) becomes a branch of, or affiliated to, or connected with

any organisation or group of whatever nature establishedwithin or outside Zambia;

shall notify the Registrar, in writing, within fourteen daysthereof.

(2) Any off ice bearer of a regis tered no n-go vernm entalorganisation who contravenes subsection (1) commits an offenceand is liable, upon conv iction, to a fine not exceeding eighty thousandpenalty units or to imprisonment for a period not exceeding threemonths, or to both.

2 6 . (1 ) The Reg i s t ra r may reques t any reg i s t e red nongovernmental organisation to furnish within such period as theRegis t rar may determine

(a) a true copy of the constitution and rules of the nongovernmental organisation;

(b) t h e s o u r c e o f f u n d i n g f o r t h e n o n - g o v e r n m e n t a lorganisation;

(c) a l is t of the off ice bearers of the non-governmentalorganisation or any comm ittee or governing body of thenon-governmental organisation;

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(d) the annual reports of the organisation; and(e) such accounts, returns and other information as the Minister

may, by statutory instrument, prescribe.(2) A person who fails to furnish information in acco rdan ce

with subsection (1) commits an offence and is liable, upon conviction,to a f ine not exceeding eighty thousand penal ty uni ts or toimprisonment for a period not exceeding three months, or to both.

2 7 . (1) A non-g overn men tal organisation shall have a registeredoffice and postal address to which all communications and noticessent under, or for the purposes of, this Act may be addressed.

(2) Notice of the situation of the registered office of a non

governmental organisation and of any change thereof or of thepostal address of the non-governm ental orga nisation shall be givento the Registrar within seven days from the date of the change andthe Registrar shall enter the particulars in the Register.

(3) Any non-gov ernm ental organisation which(a ) operates without having a registered office or without

giving notice of the situation of such office as requiredunder subsect ion (2 ) ;

(b ) operates at any place to which its registered office mayhave been removed without having given notice of thechange of situation thereof to the Registrar; or

(c ) fails to give notice to the Registrar of any change in itspostal address as required under subsection (1);

commits an offence and is l iable, upon conviction, to a fine notexceeding one thousand penalty units for each day during whichsuch non-governmental organisation so operates or fails to givenotice of the change.

2 8 . (1) A non-gOvernmental organisation which change s officebeare rs shall, within thirty days of such chan ge, notify the R egistrarin writing of the change and the Registrar shall enter the particularsof the new officer bearers in the Register.

(2) Any person that contra vene s subsection (1) com mits anoffence and is liable, upon conviction, to a fine not exceeding onethousand penalty units for each day during which the organisationoperates without furnishing the list of its office bearers or fails togive notice of the change to the Registrar.

Regis te redoffice

List of officebearers to befurnished toRegis t ra r onchange ofoffice bearers

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196 N o . 16 o f 2009 ] Non-Governmental Organisations

PART V

Establishmentof Congress

Cons t i tu t ionof Counci l

Funct ions ofCounci l

C o d e o fC o n d u c t

SELF-REGULATION BY NON-GOVE RNMENT AL ORGANISATIONS

29 . (1) There shal l be es tabl ished a Zamb ia Congress ofN on-Gov ernm ental Org anization s which shall be a collective forum ofall organiza tions registered under this Act.

(2) The Congre ss shall adopt i ts own structure, rules andproced ures for the efficient adm inistration of i ts activities.

3 0 . ( 1 ) T h e r e s h a ll b e a C o u n c i l o f N o n - G o v e r n m e n t a lOrganisation s which, subject to the direction of the Congress, shallbe responsible for the man agem ent and con trol of the affairs of theCongress .

(2) The Counci l shall consis t of twelve membe rs who arerepresentatives of non-governmental organisations registered un derthis Act.

(3) Mem bers of the Counc il shall be elected at an annual generalmeeting of the Congress and shall hold office for such period andon such terms and conditions as the Con gress may d eterm ine.

3 1 . The functions of the Council are to

(a ) develop, adopt and administer the Code of Conduct forNon-Governmental O rganisat ions;

(b ) facili tate and coordinate the work of non-governmental

organisations operating in Zambia; and(c) perforin any other functions relevant for purposes of this

Act as the Congress may determine.

32. (1) The Cou ncil shall facilitate self-regulation by the nongovernmental organisat ions on mat ters of act ivi t ies , funding,programmes, foreign affil iations, training, the development ofnat ional human resource, ins t i tu t ion bui lding, sc ient i f ic andtechnological developm ent and any other matters taking into accountnational security and the public interest.

(2) The Code of Con duct shall be adopted by a resolution at ameeting of the Congress, attended by not less than two-thirds ofthe registered orga nisations and supported by not less than three-quarters of the voting members present.

(3) The Code of Con duct shall be subject to approva l by theBoard.

(4) The Con gress shall prescribe the responsibili t ies of nongovernmental organisations which, once approved by the Board,shall be construed as obligations und er this Act.

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(5) Th e Board shal l ensur e that the Cod e of Co ndu ct isconsistent with the national development plan and the laws ofZambia.

33. (1) The Board shall cause the approved Code of Conductto be published in the Gazette.

(2) The Code of Conduc t shall , upon publication in theGazette,be binding upon the non-governmental organisations.

34 . The f i rs t twelve non-governmental organisat ions to beregistered by the Board under this Act shall comprise an interimCouncil co mpe tent to develop the Code of Conduct under this Part.

Publ ica t ionof Code ofC o n d u c t

M e m b e r s h i pof interimCounci l

PART V

GENERAL PROVISIONS

35 . (1) T here shall be a transitional reg istration period, no texceeding ninety days from the date of the commencement of thisAct, for the registration of non-governmental organisations whichare in existence at the commencement of this Act.

(2) A non-governmen tal organisation which is registered underthe provisions of the Societies Act or any other written law shall ,within the period specified in subsection (1 ) or such extended period

as the M in i s te r may a l low fo r the reg i s t ra t ion , o f the n ongovern men tal organ isation, apply for a certificate in accordan cewith the provisio ns of this Act.

(3) No twith stand ing anyth ing contained in this Act, no nongovernmental organisation shall be deemed to be an unlawfulorganisation until the period or extended period for registration underthis section has lapsed.

36 . (1) A person commits an offence w ho (a) makes, signs or utters a false statement or declaration in

support of an appl icat ion or for a request for anyexemption under this Act, forges, defaces or alters acertificate;

(b) on being required to do so, fails or refuses to produce tothe Registrar a certificate, constitution or other relevantdocument or information relevant for the purposes ofthis Act;

(c) knowing ly o r r eck less ly g ives fa l se o r incomple teinformation for the purpose o f obtaining a certificate o rother requirement ;

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and is l iable, upon conviction, to a fine not exceeding one hundredthousand penalty units or to imprisonmen t for a period not exceed ingsix months, or to both.

(2) Any person convicte d of an offence under this section shallbe disqual i f ied f rom h olding off ice in any non-g overnm entalorganisation for a period of three years.

(3) On the convictio n of an officer of a non-gov ernm entalorganisation under this section, the Board may de-register thatorganisation.

Regulations 37 . (1) The Minister may, on the recomm endation of the Board,by statutory instrument, make regulations for the better carryingout of the provisions of this Act.

(2) Without prejudice to the general i ty of subsect ion (1) ,regulations under that subsection may make provision

(a) for the procedure and forms to be used, and the feespayab le, for registration, the declaration of assets andliabili ties and other m atters under this Act;

(b) for the information to be supplied in every application forregistration and in the declaration of assets and liabilities;

(c) for the format of the reports and returns to be submittedby the non-governmental organisations;

(d) for the submission of annual and other periodical returnsrelating to the constitution, objects and membership ofregistered non-governmental organisations;

(e) for the terms and procedure for the Council of Non-Governmental Organisations; and

(f) for anything required to be prescribed under this Act.

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S C H E D U L E

(Section 3)

ADMINISTRATION OF BOARD

1. (1) Subject to the other provisions of this Act, a mem ber ofdie Board shall hold office for a period of three years from thedate of appointment and may be re-appointed for a further l ikeperiod.

(2) The office of a mem ber becom es vacant

(a ) upon the member 's death;

(b ) if the mem ber is adjudged bank rupt;

(c ) if the mem ber is absent from th ree consec utive mee tingsof the Board of which the member has had not ice ,without the prior approval of the Board;

(d ) u p o n t h e e x p i r y o f o n e m o n t h ' s n o t i c e o f t h e m e m b e r ' s

intention to resign, from office given by the member inwriting to the Board;

(e ) i f the memb er becom es mental ly or physical ly incapableof performing the duties of a member of the Board;

(f ) if the member is convicted of an offence under this Act;or

(g ) if the me mb er is convicte d of an offence under any otherwritten law and a sentenced therefor to imprisonmentfor a term of six months or more.

2. (1) Subject to the other provisions of this Act, the Board P r o c e e d i n g smay regulate i ts own procedure. of Board

(2) The Board shall mee t for the transaction of busine ss, atleast once in every three months at such places and times as theBoard may determine.

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(3) Upon giving notice of not less than fourteen day s, a mee tingof the Board may be called by the Chairperson and shall be calledif not less than o ne third of the me mb ers so request in writing:

Provided that if the urgency of any particular matter doesnot permit the giving of such notice, a special meeting m ay becalled upon a shorter notice given by three members of theBoard.

(4) The quorum at any mee ting of the Board shall be six of themembers .

(5) There shall preside at any me eting of the Board

fa) the Chairperson;

(b) in the absence of the Chairperson, the Vice - Chairperson;an d

(c) in the absence of both the Chairperson and the Vice-Chairperson, such member as the members present mayelect from amongst themselves for the purpose of thatmeeting.

(6) A decision of the Board on any question shall be by amajority of votes of the mem bers present and vo ting at the m eetingand, in the event ofan equality of votes, the person presiding at the

meeting shall have, in addition to a deliberative vote, a casting vote.

(7) W here a mem ber is for any reason unable to attend anymeeting of the Board, the member may, in writing, nominate anotherperson from the same organisation to attend such meeting in thatmember's stead and such person shall be deemed to be a memberfor the purpose of that meeting.

(8) The Board may invite any person whose presence in itsopinion is desirable to attend and to participate in the deliberation sof a meeting of the Board but such person shall have no vote.

(9 ) T h u v a l i d i t y vCu n y p r v v w d i n g a , u u l u i d v ib i

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\

3. (1) The Board m ay, for the purpose of perfom iing its functionsunder this Act, constitute any committee and delegate to any suchcom mitte e such of i ts functions as it thinks fit .

(2 ) The Board may appo in t a s mem bers o f a commi t teeconst i tuted under sub-paragraph( 1 ) , persons who are or are notm em bers of the Board and such persons shall hold office for suchperiod as the Board may determine.

4. Th ere shal l be paid to mem bers of the Boa rd or anycommittee of the Board such allowances as the Board may, withthe approval of the Minister, determine.

5 . (1) If any person is present at a me eting of the Board or acommittee of a Board at which any matter, in which that person orany mem ber of the perso n's imm ediate family is directly or indirectlyinterested in a private capacity, is the subject of con sideration, thatperson shall , as soon as practicable after the commencement ofthe meeting, disclose that interest and shall not, unless the Board orthe committee otherwise directs, take part in any consideration ordiscussio n of, or vote on any question relating to, that matter.

(2) A disclosure of interest made under this paragrap h shall berecorded in the minutes of the meeting at which it is made.

6. (1) A person shall not, withou t the conse nt in writing givenby or on beha lf of the Boa rd, publish or disclose to any unautho rizedperson, otherwise than in the course of duties of that person, thec o n t e n t s o f a n y d o c u m e n t , c o m m u n i c a t i o n o r i n f o r m a t i o nwhatsoever, which relates to or which has come to the knowledgeof that person in the course of that person's duties under this Act.

(2 ) Any person who con t raven es the p rov i s ion s o f subparagraph (1) comm its an offence and is l iable, upon conv iction, toa fine not exceeding one hundred thousand penalty units or toimprisonment for a term not exceeding two years, or to both.

(3) I f any per son, having any inform at ion w hic h to theknowledge of that person has been publ ished or disclosed in

con t raven t ion o f sub-paragraph (1 ) , un lawfu l ly p ub l i shes o rcommunicates the information to any other person, the personcommits an offence and is l iable, upon conviction, to a fine notexceeding one hundred thousand penal ty uni ts or to imprisonmentfor a term not exceeding two years, or to both.

7. An action or other proceeding shall not l ie or be institutedagainst any member of the Board or a committee of the Board, orany me m ber of staff of the Bo ard, for or in resp ect of any act orthing done or omitted to be done in good faith in the exercise orperformance, or purported exercise or performance, of any of thepowers, functions or duties conferred under this Act.

C o m m i t t e e sof Board

A l l o w a n c e so f m e m b e r s

Disc losure ofin teres t

P r o h i b i t i o no fp u b l i c a t i o nof, ord isc losure ofi n f o r m a t i o ntou n a u t h o r i z e dp e r s o n s

I m m u n i t y o fm e m b e r s o fB o a r d a n dstaff


NGO Act 2009

Documents

Transcript of NGO Act 2009