Schedule (Section 4 (2))
Part I – The Council
1. Seal of Council
(1)The seal of the Council shall be such device as may be determined by the Council and shall be kept by the Registrar.(2)The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and one other person authorised in that behalf by the Council.(3)Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal may be entered into or executed without seal on behalf of the Council by the Registrar or any other person authorised in that behalf by the Council.(4)Any document purporting to be a document under the seal of the Council or issued on behalf of the Council shall be received in evidence and shall be deemed to be a document so executed or issued, as the case may be, without further proof, unless the contrary is proved.
2. Composition of Council
(1)The Council shall consist of—(a)two members appointed by the Minister;(b)the Director of Cultural Services;(c)one member to be appointed by each registered body; and(d)one member appointed by the Ministry responsible for—(ii)information and broadcasting;(iii)science, technology and vocational training; and(2)The Chairperson and the Vice-Chairperson shall be elected by members of the Council from amongst themselves, subject to ratification by the Minister.
3. Tenure of office and vacancies
(1)A member shall hold the office of member for a period of four years from the date of appointment, but shall be eligible for reappointment.(2)Notwithstanding subsection (1) the office of member shall become vacant—(a)upon the death of a member;(b)if a member is adjudged or otherwise declared to be of unsound mind;(c)if a member is adjudged or otherwise declared bankrupt;(d)if a member is lawfully detained or the member's freedom of movement is restricted under any law in force in Zambia;(e)if a member is sentenced to a term of imprisonment exceeding six months;(f)if a member is absent from three consecutive meetings of the Council without reasonable cause; or(g)upon the expiry of not less than one month's notice in writing of that member's intention to resign given by the member to the Chairman.(3)Notwithstanding subsection (1) the Minister may, at any time, remove a person from the office of member if the Minister is satisfied that the continuance of that person in the office of member will be prejudicial to the interests of the arts.
4. Filling of casual vacancy
(1)Subject to subsection (2), whenever the office of a member becomes vacant before the expiry of the term of office specified in paragraph 3, the Minister, or, if the member who vacated the office was appointed by any of the bodies referred to in paragraph 2, that body, may appoint another person to be a member in place of the member who vacates the office.(2)The person appointed under subsection (1) shall hold office only for the unexpired term of office of the person who vacated that office.
5. Proceedings of Council
(1)Subject to the other provisions of this Act, the Council may regulate its own procedure.(2)The Council shall, for the transaction of business, meet at least twice in every calendar year at such places and times as the Chairperson may determine.(3)One half of the total number of members shall constitute a quorum at any meeting of the Council.(4)Subject to paragraph 5 the Chairperson shall, upon giving notice of not less than fourteen days, call a special meeting of the Council if not less than five members so request in writing.(5)If the urgency of any particular matter does not permit the giving of the notice referred to in sub-paragraph (4), a special meeting may be called upon giving shorter notice.(6)There shall preside at a meeting of the Council the Chairperson or, in the absence of the Chairperson, the Vice-Chairperson or, in the absence of both the Chairperson and the Vice-Chairperson, such member as the members present may elect for the purpose of that meeting.(7)A decision of the Council on any question shall be by a majority of the members present and voting at the meeting and in the event of an equality of votes the person presiding at the meeting shall have a casting vote in addition to that person's deliberative vote.(8)Where any member referred to in paragraph (a) to (d) of paragraph 2 is unable to attend any meeting of the Council, the Ministry or organisation, as the case may be, which that member represents may, in writing, nominate another person to attend that meeting in that member's stead and that person shall be deemed to be a member for the purpose of that meeting.(9)The Council may invite any person whose presence is in its opinion desirable, to attend and to participate in the deliberations of a meeting of the Council, but such a person shall have no vote.(10)The validity of any proceedings, act or decision of the Council shall not be affected by any vacancy in the membership of the Council or by any defect in the appointment of any member.(11)The Council shall cause minutes to be kept of the proceedings of every meeting of the Council and of every meeting of any committee established by the Council.
6. Committees of Council
The Council may appoint such committees as it may consider necessary for the performance of its functions.
7. Disclosure of interest
(1)If any person is present at a meeting of the Council at which any matter in which that person or that person's spouse is directly or indirectly interested in a private capacity is the subject of consideration, he shall, as soon as practicable after the commencement of the meeting, disclose that interest and shall not, unless the Council otherwise directs, take part in any consideration or discussion of, or vote on, any question touching that matter.(2)A disclosure of interest made under subparagraph (1) shall be recorded in the minutes of the meeting at which it is made.
8. Immunity of members and staff
An action or other proceeding shall not lie or be instituted against any member, member of a committee of the Council or of the Board or member of staff of the Council for, or in respect of, any act or thing done or omitted to be done in good faith in the exercise or purported exercise of his duties under this Act.
Part II – Administration
9. Director and Deputy Director
(1)There shall be a Director of the Council who shall be appointed by the Council after the approval of the Minister.(2)The Director shall be the Chief Executive Officer of the Council and shall be responsible for the administration of the affairs of the Council.(3)The Council may appoint a Deputy Director to assist the Director.(4)The Director may, by directions in writing and subject to such terms and conditions as the Director thinks fit, delegate to the Deputy Director any of the functions of the Director under this Act.(5)The Director, or in his absence the Deputy Director, shall attend meetings of the Council and the Board and may address such meetings, but shall not vote on any matter;Provided that the person presiding at any meeting of the Council may, for good cause, require the Director or Deputy Director, as the case may be, to withdraw from the meeting.
The Council may appoint, on such terms and conditions as it may determine, such other staff and agents as it considers necessary for the performance of the functions of the Council.
Part III – Financial and other provisions
11. Funds of Council
(1)The funds of the Council shall consist of—(a)such sums as may be appropriated by Parliament for the purpose of the Council;(b)such sums as may be paid to the Council as donations, contributions, subscriptions, fees or gifts, but the Council shall not raise money from outside Zambia without the prior approval of the Minister; or(c)such other moneys or assets as may accrue to, or vest in, the Council as a result of the investments made, or transactions entered into, in the course of its operations.(2)The Council—(a)shall cause to be kept full and correct books of account of all moneys received and expended by it;(b)may invest its funds in such manner and to such extent as the Council may consider fit;(c)shall after the approval of the Minister and subject to such conditions as the Minister may impose, borrow money from any source within Zambia.
12. Arts Development Fund
The Council shall establish and administer a fund to be known as the Arts Development Fund from which it may lend funds to any registered body.
13. Financial year
The financial year of the Council shall be the period of twelve months ending on 31st December in each year.
The Council shall cause to be kept proper books of account and other records relating to its accounts.
15. Power to call for accounts
(1)The Council may, at any time, by notice of the Director, order a registered body to submit to the Council, within such time as the Council may specify in the order, duly audited accounts of the body.(2)The notice referred to in subsection (1) shall be for a period of not less than thirty days from the date on which the notice is served on the registered body.(3)Where a registered body fails to comply with the notice referred to in subsection (1), or the Council discovers any irregularities in the accounts of the body, the Council may take such action against the body as the Council may consider fit.
16. Annual report
(1)The Council shall, after 31st December in each year, but not later than six months from that date, submit to the Minister a report of its activities during the previous year and containing such other information as the Minister may direct.(2)The annual report of the Council shall, among other things, include a report on the financial affairs of the Council.(3)There shall be appended to the report referred to in subsection (2)—(a)an audited balance sheet;(b)an audited statement of income and expenditure during the year; and(c)a report of the auditors on the accounts.(4)The Minister shall, not later than seven days after the first sitting of the National Assembly next after the receipt of the report referred to in subsection (1), lay it before the National Assembly.