Zambia Educational Publishing House Act, 1971 (Chapter 145)
Zambia
Zambia Educational Publishing House Act, 1971
Chapter 145
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Commenced on 2 April 1971
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This Act may be cited as the Zambia Educational Publishing House Act. In this Act, unless the context otherwise requires—"assistant secretary" means the person appointed to that office pursuant to section thirteen;"financial year" means the financial year of the Publishing House pursuant to section fourteen;"Publishing House" means the Zambia Educational Publishing House constituted by section three;"member" means a member of the Publishing House by virtue of section four;"secretary" means the officer appointed to that office pursuant to section thirteen.[As amended by Act No. 29 of 1992] There is hereby constituted the Zambia Educational Publishing House which shall by that name be a body corporate with perpetual succession and a common seal capable of suing and being sued and, subject to the provisions of this Act, of doing all such acts as a body corporate may by law perform.[As amended by Act No. 29 of 1992] The Publishing House shall consist of the Minister responsible for education (hereinafter referred to as "the Minister") as Chairman, and three other members who shall be appointed by the President and shall hold office as members at the President's pleasure.[As amended by No. 36 of 1974 and Act No. 29 of 1992] The objects of the Publishing House shall be—(a)to encourage an increasing use of local, human and material resources in the production of buildings, works, materials and skills required for the advancement of education in Zambia;(b)to contribute towards the efficient operation and the extension of educational services in Zambia.[As amended by Act No. 29 of 1992] The Publishing House shall have power to do anything, and to enter into any transaction, which in its opinion is calculated to facilitate the advancement of its objects under section five or which is incidental or conducive thereto, including, in particular, but without prejudice to the generality of the foregoing, power to—(a)purchase, take on lease, or otherwise acquire any real or personal property;(b)accept any gift, whether or not subject to any special trust;(c)solicit from any source, within or outside Zambia, contributions towards the funds or other assets of the Publishing House;(d)sell, let on lease or on hire, mortgage, pledge, dispose of by gift, or otherwise deal with all or any part of any property of the Publishing House;(e)borrow or otherwise raise money;(f)invest any moneys of the Publishing House which are not immediately required for other purposes;(g)undertake any agency business;(h)construct, maintain and alter buildings or works;(i)print and publish newspapers, periodicals, books or leaflets;(j)manufacture, buy, sell, supply, distribute and deal in goods of any kind;(k)make provision for the emoluments and other conditions of service, including superannuation benefits, of the servants of the Publishing House;(l)establish and operate, or participate in the establishment and operation of, public or private companies and acquire an interest in any public or private company;(m)establish and maintain, or assist in the establishment or maintenance of, or give financial or other support to, any institution, society or other association;(n)provide for scholarships and other financial aid to individuals and institutions, as the case may be. The funds of the Publishing House shall consist of—(a)such sums as may be paid to the Publishing House from moneys appropriated by Parliament;(b)such sums as may be paid to the Publishing House by way of grant or donation; and(c)such other moneys as may accrue to the Publishing House in the exercise of its powers.[As amended by Act No. 29 of 1992] Notwithstanding anything to the contrary contained in this Act or any other law—(a)no customs or excise duty shall be charged, levied, collected or paid in respect of any goods imported into, or manufactured or produced within, Zambia by or in the name of or on behalf of the Publishing House;(b)the income of the Publishing House from whatever source shall be exempt from any tax payable under any written law for the time being in force relating to taxes on income and profits.[As amended by Act No 29 of 1992] A member who is in any way directly or indirectly interested in anything done or proposed to be done by the Publishing House shall disclose the nature of his interest at a meeting of the Publishing House and shall take no part in any deliberations or decision of the Publishing House with respect thereto.[As amended by Act No 29 of 1992] The committee shall discharge such functions as may be delegated to it by the Publishing House.[As amended by Act No 29 of 1992] For the purposes of this Part—"the appointed time" means the time at which the resolution described in section sixteen is expressed to take effect;"the company" means the company registered under the Companies Act as the Zambia Educational Publishing House Company Limited;[Cap. 388]"undertaking" means any undertaking carrying on any commercial, industrial, mining or agricultural operations.[As amended by Act No. 29 of 1992] The company may, by resolution passed at an extra-ordinary general meeting convened to determine the question, resolve that the provisions of sections seventeen and eighteen shall have effect in relation to the company. At the appointed time—(a)there shall be transferred to, and vested in, the Publishing House by virtue of this Act and without further assurance—(i)the undertaking of the company; and(ii)subject to the provisions of this Part, all property, rights, liabilities and obligations which immediately before the appointed time were property, rights, liabilities and obligations of the company; and(b)the company shall cease to exist.[As amended by Act No. 29 of 1992] Any written law which provides for the registration of transfers of property of the kind transferred by virtue of this Act to the Publishing House shall, so far as it provides for alterations of a register (but not for the avoidance of transfers, the payment of fees or any other matter), apply with the necessary modifications to the transfer of the said property; and it shall be the duty of such officer as the Publishing House may appoint to furnish the necessary particulars of the transfer to the appropriate officer of the registration authority, and of that officer to register the transfer accordingly.[As amended by Act No. 29 of 1992]Part I – Preliminary
1. Short title
2. Interpretation
Part II – Objects and powers of the Publishing House
3. Establishment of Publishing House
4. Composition of Publishing House
5. Objects of Publishing House
6. Powers of Publishing House
7. Funds of Publishing House
8. Exemption from customs and excise duty and tax
9. Duty of members to disclose interest
10. Procedure and meetings of Publishing House
Part III – Executive committee of the Publishing House
11. Establishment and proceedings of executive committee
12. Functions of committee
Part IV – Appointments
13. Appointment of Secretary and Assistant Secretary
Part V – Accounts and audit
14. Accounts and audit
Part VI – Transitional provisions
15. Interpretation of terms in Part VI
16. Resolution by company
17. Vesting of assets and liabilities
18. Transitional provisions
19. Registration of transfers