National Housing Authority Act, 1971
- Commenced on 2 April 1971
- [This is the version of this document at 31 December 1996.]
Part I – Preliminary
1. Short titleThis Act may be cited as the National Housing Authority Act.
2. InterpretationIn this Act, unless the context otherwise requires—"apparatus" includes sewers, drains, culverts, watercourses, mains, pipes, valves, tubes, cables, wires, transformers and other apparatus laid down or used for or in connection with the carrying, conveying or supplying to any premises of a supply of water, water for hydraulic power, gas or electricity, and the standards and brackets carrying street lamps;"approved" means approved by the Authority;"Authority" means the National Housing Authority established pursuant to section three;"building" includes any structure, whether of a permanent or temporary nature, and a part of a building or structure;"Chief Executive" means the chief executive officer of the Authority appointed pursuant to section fourteen;"city council", "municipal council", "township council" and "district council" have the meanings assigned respectively thereto in section two of the Local Government Act;[Cap. 281]"control" includes regulate, inspect and supervise;"erect", in relation to a building, includes the alteration or enlargement of a building;"house" means any building or part of a building that is so designed and constructed as to be suitable for use as a human habitation, and is so used or intended so to be used, and includes—(a)any part of a building which is used or intended to be used as a separate dwelling; and(b)any yard, garden, outhouses and appurtenances belonging thereto or usually enjoyed therewith;"housing estate" means two or more houses erected or maintained under one management or control on land developed specifically for the siting of such houses in accordance with a comprehensive plan which provides for the laying-out of roads and the furnishing and availability of services essential or ancillary to the use of such buildings as houses; and includes the land on which any housing estate has been or is to be developed;"land" includes any estate or interest in land and any easement or right in, to or over land;"local authority" means—(a)a City Council(b)a Municipal Council; or(c)a Township Council; or(d)a District Council;"manage", when used in relation to the functions of the Authority, includes carry on, maintain, operate, allocate and keep in repair;"member" includes the chairman of the Authority;"person"—(a)includes any company or association or body of persons, corporate or unincorporate;(b)does not include a local authority;"prescribed organisation" means an organisation prescribed by the Minister under the provisions of section nineteen;"property" includes all property, real and personal, and all estates, interests, easements and rights, whether equitable or legal, in, to, and out of property, real and personal;"Register" means the appropriate register established under the provisions of the Lands and Deeds Registry Act;[Cap. 185]"Registrar" has the meaning assigned to it in the Lands and Deeds Registry Act;[Cap. 185]"scheme" means any proposal which is required to be submitted to the Authority pursuant to this Act and which provides—(a)for the construction, alteration or extension of more than one house; or(b)for the laying-out, replanning, subdivision or development of land as a housing estate; or(c)for roads, drains, open spaces, places of worship places of recreation, facilities for trading or any other service ancillary to the provision and servicing of houses; or(d)for any combination of the foregoing.
Part II – Establishment of National Housing Authority
3. Establishment of National Housing AuthorityThere is hereby established the National Housing Authority (hereinafter referred to as "the Authority") which shall by that name be a body corporate with perpetual succession and a common seal and shall be capable of suing and being sued and, subject to the provisions of this Act, of performing all such acts as a body may corporate by law perform.
4. Composition of the Authority
5. Tenure of office of members
6. Acting appointmentsIf the chairman, vice-chairman or any other member of the Authority is unable to exercise or perform the functions of his office by reason of illness, absence from Zambia or any other cause, the Minister may appoint a member or any person who is not disqualified for appointment as a member to act in the place of the chairman, vice-chairman or other member, as the case may be; and the member or person so appointed shall, subject to the provisions of section five, exercise and perform the functions of the person for whom he is appointed to act until that person resumes the exercise and performance of his functions.
7. Filling of vacancyWhen the office of a member becomes vacant, the Minister may appoint another person to fill the vacancy.
8. Procedure and meetings of the Authority
9. Instruments of the AuthorityAny instrument may be entered into or executed on behalf of the Authority by any person generally or specially authorised by the Authority for the purpose.
10. Contracts of the Authority
11. Application of seal of the AuthorityThe application of the seal of the Authority shall be authenticated by the signatures of the chairman of the Authority or some other member of the Authority authorised by it in that behalf, and of the Chief Executive or some other person authorised by the Authority to act in his stead in that behalf.
12. Validity of the Authority's acts and decisionsA decision or an act of the Authority shall not be rendered invalid by reason only that there is a vacancy in the membership of the Authority or that a disqualified person acted as a member at the time the decision was taken or the act was done or authorised.
13. Members to declare interest in matters before the Authority
Part III – The Chief Executive and staff
14. Appointment of the Chief Executive
15. Duties of the Chief Executive
16. Employment of staff
17. Protection for officers and employees of the Authority acting in good faith
Part IV – Functions of the Authority
18. Management and controlSubject to any direction given by the Minister, the Authority shall have the sole management and control of the property, income and funds of the Authority and of the affairs and business thereof.
19. General functions of the Authority
20. Functions of the Authority re schemesThe Authority shall, subject to the provisions of this Act and to any general or special directions of the Minister, have power to—
21. Functions of the Authority re housing estates
22. Preliminary planA local authority or person shall not, within the area of a municipal council or township council, initiate detailed planning of any scheme until a preliminary plan of the site of the scheme, showing the proposed development, and a written memorandum explaining the nature of the proposed development, have been submitted to and approved by the Authority.
23. Mode of provision of accommodationThe Authority may provide housing accommodation—
24. Inadequacy of housing in area of local authority
25. Powers of the Authority in respect of section 24
26. Powers of entry and inspection
27. Acquisition of land
28. Powers of the AuthorityIn addition to any other power otherwise expressly or impliedly conferred by this Act the Authority shall, subject to the provisions of this Act, have power to do either by itself or through or jointly with others all or any of the things specified in the Schedule.
Part V – Financial provisions
29. Conduct of financial affairs of the AuthorityIt shall be the object of the Authority so to exercise and perform its functions as to ensure that all its revenues are sufficient to meet all its outgoings properly chargeable to revenue account, taking one year with another; and in general the Authority shall conduct its business on sound commercial lines.
30. Funds of the AuthorityThe funds of the Authority shall consist of—
31. Budget of revenue and expenditure
32. Budget of capital expenditure
33. Special provision for budget in respect of the Authority's first financial yearSections thirty-one and thirty-two shall not apply in respect of the first financial year of the Authority, that is to say, the period commencing on the date of the coming into operation of this Act and ending on the 31st December, 1971, except to the extent that the Minister may otherwise direct, and in that event the said sections shall have effect as if the provisions thereof requiring the estimates therein mentioned to be submitted to the Minister before the commencement of each year were omitted therefrom.
34. DeficitsIf in any financial year the revenues of the Authority, together with any surplus revenue brought forward from any preceding financial year, are found to be insufficient to meet fully any lawful current indebtedness of the Authority or any lawful expenditure incurred by the Authority, the amount of the insufficiency so arising may be met by way of loan or grant made by the Minister out of moneys appropriated for the purpose by Parliament.
35. Additional capital may be provided by GovernmentIn the event of the Authority seeking a capital contribution from the Government, the amount sought to be contributed shall be determined by the Minister, with the concurrence of the Minister responsible for finance, and shall be paid out of moneys appropriated for the purpose by Parliament.
36. Establishment and operation of general reserve, capital reserve and other accounts of the Authority
37. InvestmentsAny moneys set aside by the Authority for a purpose shall, until such time as they are used for the purpose for which they were set aside, be invested in such manner as the Minister, with the concurrence of the Minister responsible for finance, may approve.
39. Securities for borrowings
40. Grants in respect of capital expenditure and guarantees by Government
41. Repayment by the Authority
42. Arrangements for receipts and paymentsThe Authority shall make safe and efficient arrangements for the receipt of moneys paid to it and the issue of moneys payable by it and those arrangements shall be carried out under the supervision of the Chief Executive.
43. Banking accounts
44. Report of the AuthorityIn addition to the annual report mentioned in section fifty-six, the Authority—
Part VI – Loans and grants
45. Loans and grants by the Authority
46. Loans charged on general fundAll loans made by the Authority to a local authority pursuant to this Act shall be charged on the general fund of the local authority.
47. Repayment of loans to the Authority by a local authority or person
48. Powers of local authorities
49. Loans by local authorities
50. Repayment to a local authority
51. Security for loansEvery loan made pursuant to this Part to a person shall be secured by a first mortgage or charge on the land upon which the house, housing estate or scheme is situate or is to be constructed, together with such further or other security as may be required by the Authority or the local authority, as the case may be.
52. Discharge of security
Part VII – Accounts and audit
53. Financial year
55. Appointment and remuneration of the auditor
56. Annual report
57. Application of sections 11, 12 and 13 of the Finance (Control and Management) Act to employees of the AuthorityThe provisions of sections eleven, twelve and thirteen of the Finance (Control and Management) Act shall apply, mutatis mutandis, to any employee of the Authority alleged to be guilty of any act of wilful default or gross neglect of duty as they apply to any public officer, subject to the following modifications:
Part VIII – Miscellaneous
58. Powers of Minister to give directions to the Authority
59. Non-application of the Town and Country Planning Act
60. Exemption from local by-laws, etc., of approved house, housing estate and scheme
61. Exemption from income taxThe Authority shall be exempt from the payment of income tax or any similar tax on profits or capital accretions earned or gained in the course of the discharge of its functions under this Act.
62. ***[Repealed by No. 10 of 1972]
63. Transfer of Government houses to the Authority
Part IX – Regulations and rules
65. Rules of the Authority
Part X – Transitional provisions
66. Repeal of the Housing ActThe Housing Act, Chapter 426 of the Revised Edition, is hereby repealed with effect from such date as the *Minister may, by statutory order, appoint.*1st November, 1972, appointed by S.I. No. 223 of 1972.
67. Power of Minister to dissolve Housing BoardThe *Minister, at any time after the commencement of this Act, but prior to the making of an order pursuant to section sixty-six, may, by statutory order, dissolve the Zambia Housing Board established pursuant to section three of the Housing Act, Chapter 426 of the Revised Edition (hereinafter referred to as "the Board" in this Part).*See the Zambia Housing Board (Dissolution) Order (S.I. No. 147 of 1971)
68. Dissolution of the BoardUpon the making of an order pursuant to section sixty-seven, the Board shall be dissolved and shall cease to exist for all purposes except for the purpose of performing any act or executing any transfer or document necessary to implement any of the provisions of this Part, and for such purpose the Minister may, by statutory order, nominate any person to perform any such act or to execute any such transfer or document on behalf of and in the name of the Board, and such act, transfer or document so performed or so executed by such person shall be deemed to be the act, transfer or document of the Board.
69. Vesting of lands and personal property in, and transfer of contractual and other rights and liabilities to, the AuthorityUpon the dissolution of the Board pursuant to section sixty-eight—
70. Registration upon transfer of registered interestsIn the case of any property, real or personal, transferred to and vested in the Authority under the provisions of this Part in respect of the transfer of which any written law provides for registration, the Authority shall, within one year from the date of the dissolution of the Board pursuant to section sixty-eight, make written application to the proper officer of the appropriate registration authority for the registration of each such transfer, and it shall be the duty of that officer to make such entries in the appropriate register as shall give effect to such transfer and, where appropriate, to issue to the Authority a Certificate of Title in respect of the said property or to make the necessary amendments to the Register, as the case may be, and, if presented therefor, to make endorsements on the deeds relating to the title, right or obligation concerned; and no registration or other fees or other duties shall be payable in respect thereof.
71. Proceedings not to abateWhere, upon the dissolution of the Board pursuant to section sixty-eight, any legal proceeding is pending to which the Board is a party, the Authority shall be substituted in each such proceeding for the Board, and such proceeding shall not abate by reason of such substitution.
72. Completion of actsWhere anything has been commenced by or under the authority of the Board prior to the date of its dissolution pursuant to section sixty-eight and such thing was done in relation to any of the lands, personal property, deeds or other rights or liabilities transferred by virtue of this Part to the Authority, such thing may be carried on and completed by the Authority instead of the Board in like manner and to the same extent as such thing might have been carried on and completed, but for the provisions of this Part, by the Board.
73. Terms of service of employees of the Board
74. Validation of acts done and contracts made before the establishment of the Authority
History of this document
31 December 1996 this version
02 April 1971