National Arts Council of Zambia Act, 1994
An Act to establish and define the functions and powers of the National Arts Council of Zambia; to provide for the registration of, and affiliation to, the National Arts Council of Zambia of all national arts associations; to provide for the establishment of the Arts Development Fund; and to provide for matters connected with or incidental to the foregoing.
Part I – Preliminary
1. Short title
This Act may be cited as the National Arts Council of Zambia Act.
(1)The Societies Act shall not apply to an association or a body registered under this Act.(2)An association or a body registered under the Societies Act shall register under this Act within six months of the coming into force of this Act.
In this Act, unless the context otherwise requires—"associate body" means an associate body referred to in section fifteen;"Chairperson" means the person elected as chairperson of the Council under sub-paragraph (2) of paragraph 2 of Part I of the Schedule;"Council" means the National Arts Council of Zambia established by section four;"Director" means the person appointed as Director of the Council in accordance with sub-paragraph (1) of paragraph 9 of Part II of the Schedule;"member" means a member of the Council;"registrar" means the Registrar of national arts associations appointed under section sixteen;"registered body" means a national arts association registered under section seventeen;"Vice-Chairperson" means the person elected as Vice-Chairperson of the Council under sub-paragraph (2) of paragraph 2 of Part I of the Schedule.
Part II – National Arts Council of Zambia
4. Establishment of Council
(1)There is hereby established the National Arts Council of Zambia which shall be a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name, and with power, subject to the other provisions of this Act, to do all such acts and things as a body corporate may by law do or perform.(2)The provisions of the Schedule shall apply as to the composition of the Council and otherwise in relation thereto.
5. Functions of Council
Subject to the other provisions of this Act the functions of the Council shall be to:
(a)keep itself fully appraised of the policy of the Government in matters concerning arts and to disseminate that policy;(b)serve as the supreme advisory body at national level on policy and decisions on all forms of arts in the country;(c)provide quality artistic leadership in performing and visual arts;(d)develop, promote, regulate and encourage all forms of amateur and professional arts on a national basis in conjunction with the associations and the Government;(e)assist the formation of associations or organisations and encourage them to register as national arts associations so as to represent different groups of associations in Zambia and to encourage the affiliation of those associations to the appropriate international organisations;(f)assist, financially or otherwise, any group or individual in representing Zambia in any artistic activity within or outside Zambia;(g)assist, financially or otherwise, in conjunction with the Government, any citizen of Zambia in obtaining relevant training within or outside Zambia;(h)raise and maintain a fund from such sources and by such means as the Minister may approve to enable the Council to carry out its functions;(i)stimulate, through the registered bodies, the provision, development and maintenance of equipment, instruments and facilities for all kinds of arts and ensure their equitable distribution and proper use;(j)ensure that arts groups at all levels maintain proper accounts and, where considered necessary, to supervise and direct the maintenance of these accounts;(k)regulate and provide modalities for the award of national honours for artistic merit;(l)exercise disciplinary powers in cases of breach of the provisions of this Act;(m)regulate and monitor all national arts programmes presented in Zambia;(n)promote the development and organisation of the arts; and(o)do and perform such other functions as may be conducive to the development and promotion of the arts and to the enforcement of this Act.
6. Powers of Council
Subject to the other provisions of this Act, the powers of the Council shall be—
(a)to employ, control and direct such staff as it may consider necessary;(b)to investigate the accounts and affairs of a registered body; and(c)to make such orders as the Council considers necessary where a report on a matter relating to the affairs of the Council is made to it.
7. Power to appoint committee to inquire into activities of registered body
The Council shall have power to appoint a committee to inquire into the activities of a registered body or into the conduct of an office-bearer or a member, as the case may be.
8. Power to order suspension of activities of registered body
Where the Council has reason to believe that the activities of a registered body are prejudicial to the interests of the arts or to the public interest, the Council has power to order the suspension of the activities of that body.
9. Power to order suspension of office-bearer
Where the Council has reason to believe that any office-bearer or a member of a registered body is or has been acting in a manner, or his further continuance as an office-bearer or member is, likely to be prejudicial to the interests of the arts or the public interest, the Council has power to order the suspension of that office-bearer or member.
10. Provincial arts advisory committee
(1)The Council shall appoint a provincial arts advisory committee in each province to advise and assist the Council in matters concerning the promotion, development and organisation of the arts within the province.(2)Each committee shall consist of a chairperson elected by the committee and not more than one member from each registered body.
11. District arts advisory committees
(1)The provincial arts advisory committee in each province shall appoint members of district arts advisory committees which shall consist of a chairperson and not more than one member from each registered body.(2)The functions of a district arts advisory committee shall be to advise the provincial arts advisory committee on matters concerning the promotion, development and organisation of the arts within the district.
12. Conditions applicable to members of committees
The Council shall determine, with the prior approval of the Minister—
(a)the tenure of office of the members of a committee of the Council, a provincial arts advisory committee and a district arts advisory committee;(b)the allowances payable, and other terms and conditions applicable, to committee members; and(c)the frequency of meetings of provincial arts advisory committees and district arts advisory committees, their procedure and all other matters affecting or incidental to the functioning of those committees.
13. Prohibition of publication or disclosure of information to unauthorised persons
(1)A person shall not, without the consent in writing given by or on behalf of, the Council, publish or disclose to any other person, otherwise than in the course of that person's duties, the contents of any document, communication or information whatsoever, which relates to, and which has come to that person's knowledge in the course of, that person's duties under this Act.(2)A person who knowingly contravenes subsection (1) shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding thirty thousand penalty units or to imprisonment for a term not exceeding three years, or to both.(3)If any person having information which to that person's knowledge has been published in contravention of subsection (1) unlawfully publishes or communicates the information to any other person, that person shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding thirty thousand penalty units or to imprisonment for a term not exceeding three years, or to both.
14. General matters relating to committees
The Council shall, with the approval of the Minister, determine—
(a)the tenure of office of the members of a provincial arts advisory committee, a district arts advisory committee and a committee that may be appointed under paragraph 8 of Part I of the Schedule;(b)the allowances payable to the members of the committees;(c)the conditions applicable to the committees;(d)the procedure at a meeting of a committee; and(e)all other matters affecting the committees.
15. Associate bodies
The following shall be associate bodies of the Council:
(a)all institutional arts associations; and(b)all provincial arts advisory committees.
Part III – Registration of National Arts Associations
There shall be a Registrar of National Arts Associations who shall be a public officer and appointed by the Minister.
17. Registration of national arts associations
(1)The Registrar shall establish and maintain in the prescribed form a register where he shall register an association or organisation as a national arts association.(2)An association or organisation shall be registered as a national arts association under this section within thirty days of its formation.
18. Effect of non-registration
(1)An association or organisation which is not registered under section seventeen shall not be recognised as a national arts association.
19. Application for registration
(1)An application for registration as a national arts association shall be submitted to the Registrar in the prescribed form.(2)On receipt of an application under subsection (1), the Registrar may, within thirty days, carry out any investigation, or require any further information to be submitted to him, as he considers necessary.(3)An application for registration as a national arts association shall be accompanied by—
(b)a copy of the constitution of the association or organisation which shall contain among other particulars—
(i)the objectives and functions of the association or organisation;(ii)the names and address of its office-bearers;(iii)the funds available to it and its sources of revenue; and(iv)its principal and other places of operation.(4)Upon registration, the Registrar shall issue an association or organisation with a certificate of registration.
20. Grounds for refusing to register national arts association
(1)The Registrar shall refuse to register any association or organisation as a national arts association if he is satisfied—
(a)that the association or organisation does not exist;(b)that the registration of the association or organisation would be against the public interest;(c)that the name under which the association or organisation wishes to be registered is identical, or similar, to the name of any existing national arts association or any society or body registered, or exempted from registration, under the Societies Act; or(d)the constitution or rules of the association or organisation are in his opinion repugnant to, or inconsistent with, the provisions of any law for the time being in force in Zambia.
21. Notification of grounds
(1)Where the Registrar refuses to register an association or organisation as a national arts association the Registrar shall make and furnish to the association or organisation concerned a notice giving the reasons for such refusal.
22. Cancellation of registration
Subject to section twenty-three the Registrar may, at any time, cancel the registration of any registered body if the Registrar is satisfied that it is expedient to do so on the ground that—
(a)the constitution or rules of the registered body are, in the opinion of the Registrar repugnant to, or inconsistent with, the provisions of any law for the time being in force in Zambia;(b)the registered body is operating in a manner contrary to the public interest;(c)the Registrar has reason to believe that the registered body has ceased to exist as a national arts association; or(d)the registered body has changed its name and the new name it has adopted—
(i)is identical to that of any other existing national arts association;(ii)so nearly resembles the name of the registered body as, in the opinion of the Registrar, is likely to deceive the public or the members of either association; or(iii)is, in the opinion of the Registrar, repugnant to, or inconsistent with, the provisions of any law in force in Zambia or is otherwise undesirable.
23. Notification of intended cancellation
(1)Before the Registrar cancels the registration of a registered body, the Registrar shall make and furnish the registered body concerned with a notice giving reasons for the intended cancellation and require the association to show cause as to why the registration should not be cancelled.(2)If the Registrar is not satisfied with the explanation given by the affected registered body he shall cancel the registration.
24. Appeal against refusal to register association or cancellation of registration
(1)An association or organisation which has been served with the notice referred to in section twenty-one or a registered body whose registration is cancelled under section twenty-two may appeal to the Minister within thirty days of the receipt of the notice against the refusal or cancellation, and the Minister shall hear the appeal within thirty days.(2)Where an appeal is made under subsection (1), the Minister may give such directions to the Registrar as the Minister considers necessary to enable him to detemine the appeal.(3)Where an appeal is made under subsection (1), the Minister may confirm, set aside or vary the decision of the Registrar.(4)Any association or organisation which is aggrieved by the decision of the Minister may appeal to the High Court.
25. Affiliation to Council of registered body
(1)A registered body may be affiliated to the Council through such procedure as may be prescribed by the Council.(2)A registered body may form subsidiary bodies in provinces and these bodies shall be affiliated to the Council by virtue of the affiliation of the registered body.
Part IV – General provisions
26. Independence of registered and associate bodies
Except as provided in this Act, the Council shall not interfere with the day-to-day administration or internal affairs of a registered body or an associate body.
27. Appeals to Minster
(1)A registered body or any person aggrieved by a decision of the Council may, not later than thirty days from the receipt of that decision, appeal to the Minister.(2)Where a registered body or a person appeals to the Minister under subsection (1), the Minister may confirm, reverse or vary the decision, or make such other order as the Minister considers fit, and the Minister shall decide within thirty days.
28. Directions by the Minister
Subject to the other provisions of this Act, the Minister may give directions to the Council in matters of policy to be followed in pursuance of its objects and the performance of its functions.
29. Dissolution of registered body
(1)In order to allow orderly dissolution, a registered body shall not dissolve itself except with the written approval of the Registrar.(2)A registered body shall apply to the Registrar for approval to dissolve the association and shall—
(a)state in the application the reason for the proposed dissolution; and(b)submit to the Council the application together with the agenda and minutes of the meeting of the body at which the decision to dissolve the body was taken.(3)Where a registered body is dissolved, the assets and liabilities of the body shall be disposed of in accordance with the direction of the Council.
The Council may after the approval of the Minister, and in consultation with the relevant registered body, make rules concerning—
(a)the activities of the registered bodies;(b)the conduct of the members and office bearers of the registered bodies;(c)the maintenance of proper accounts and records by the registered bodies;(d)the annual subscription fees to be paid to the Council by the registered bodies;(e)the standards to be attained and the method and procedure to be followed by a body of persons desirous of entering a competition in Zambia; or(f)the procedure to be followed by a registered body or individual from outside Zambia for entering a competition or undertaking any artistic activity in Zambia.
The Minister may, by statutory instrument, and in consultation with the Council, make Regulations for the better carrying into effect of the provisions of this Act, and, in particular and without prejudice to the generality of the foregoing power, such Regulations may—
(a)prescribe the fees, allowances or remuneration to be paid under any provision of this Act;(b)prescribe the role of cultural officers and the relationship between those officers and the Director;(c)provide for the management of the affairs of a registered body when it is under suspension;(d)prescribe the forms to be used for the purpose of this Act;(e)prescribe the books, registers, accounts and other documents to be kept by a registered body, and provide for the inspection of the books, registers, accounts and other documents;(f)prescribe the particulars to be included in the contracts of service of professional artistes;(g)provide for the status of national and representative groups;(h)prescribe the manner and form in which application for the award of national artistic honours shall be made; and(i)provide for the procedure for becoming an associate body of the Council.