CHAPTER 195
NATIONAL HOUSING AUTHORITY ACT

Arrangement of Sections

PART I
PRELIMINARY

   Section

   1.   Short title

   2.   Interpretation

PART II
ESTABLISHMENT OF NATIONAL HOUSING AUTHORITY

   3.   Establishment of National Housing Authority

   4.   Composition of the Authority

   5.   Tenure of office of members

   6.   Acting appointments

   7.   Filling of vacancy

   8.   Procedure and meetings of the Authority

   9.   Instruments of the Authority

   10.   Contracts of the Authority

   11.   Application of seal of the Authority

   12.   Validity of the Authority's acts and decisions

   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 control

   19.   General functions of the Authority

   20.   Functions of the Authority re schemes

   21.   Functions of the Authority re housing estates

   22.   Preliminary plan

   23.   Mode of provision of 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 Authority

PART V
FINANCIAL PROVISIONS

   29.   Conduct of financial affairs of the Authority

   30.   Funds of the Authority

   31.   Budget of revenue and expenditure

   32.   Budget of capital expenditure

   33.   Special provision for budget in respect of the Authority's first financial year

   34.   Deficits

   35.   Additional capital may be provided by Government

   36.   Establishment and operation of general reserve, capital reserve and other accounts of the Authority

   37.   Investments

   38.   Borrowings

   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 payments

   43.   Banking accounts

   44.   Report of the Authority

PART VI
LOANS AND GRANTS

   45.   Loans and grants by the Authority

   46.   Loans charged on general fund

   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 loans

   52.   Discharge of security

PART VII
ACCOUNTS AND AUDIT

   53.   Financial year

   54.   Accounts

   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 Authority

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 tax

   62.   Repealed

   63.   Transfer of Government houses to the Authority

PART IX
REGULATIONS AND RULES

   64.   Regulations

   65.   Rules of the Authority

PART X
TRANSITIONAL PROVISIONS

   66.   Repeal of the Housing Act

   67.   Power of Minister to dissolve Housing Board

   68.   Dissolution of the Board

   69.   Vesting of land and personal property in, and transfer of contractual and other rights and liabilities to, the Authority

   70.   Registration upon transfer of registered interests

   71.   Proceedings not to abate

   72.   Completion of acts

   73.   Terms of service of employees of the Board

   74.   Validation of acts done and contracts made before the establishment of the Authority

      SCHEDULE

AN ACT

to make better provisions for the development and control of housing throughout the Republic; to provide for the establishment of a body corporate entitled the National Housing Authority; to provide for its membership; to specify its powers and duties; and to provide for matters connected with or incidental to the foregoing.

[2nd April, 1971]

Act 16 of 1971,

Act 10 of 1972,

Act 13 of 1994.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the National Housing Authority Act.

2.   Interpretation

In 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 3;

“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 14;

“city council”, “municipal council”, “township council” and “district council” have the meanings assigned respectively thereto in section 2 of the Local Government Act;

“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 19;

“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;

“Registrar” has the meaning assigned to it in the Lands and Deeds Registry Act;

“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 Authority

There 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

   (1) The members of the Authority shall be appointed by the Minister responsible for housing (hereinafter referred to as “the Minister”) and shall be—

      (a)   the Commissioner for Town and Country Planning;

      (b)   two members from the Local Government Association of Zambia;

      (c)   one member representing the Ministry responsible for local government;

      (d)   two District Secretaries;

      (e)   one member representing the Zambia National Building Society;

      (f)   one member representing the University of Zambia;

      (g)   one member representing the National Council for Scientific Research;

      (h)   one member from the Zambia Federation of Building Co-operatives; and

      (i)   one other member who is not a public officer.

   (2) The Minister shall designate one member as chairman, and one member as vice-chairman, of the Authority.

   (3) The office of the chairman shall be full time and the chairman shall receive such remuneration from the funds of the Authority as the Minister may determine.

   (4) The Authority may exercise its powers and discharge its functions notwithstanding any vacancy in the membership thereof.

   (5) A retiring member shall, unless disqualified, be eligible for reappointment.

   (6) No person shall be appointed to be a member of the Authority—

      (a)   while he is an undischarged bankrupt; or

      (b)   while he is serving a sentence of imprisonment.

5.   Tenure of office of members

   (1) Subject to the provisions of this Act, a member of the Authority—

      (a)   shall hold office on such terms and conditions and for such period; and

      (b)   shall be paid out of the funds of the Authority such remuneration and allowances, if any;

as the Minister in his case may determine at the time of appointment.

   (2) Where no period of appointment is determined under paragraph (a) of sub-section (1), a member shall hold office until such time as his appointment is terminated under paragraph (h) of sub-section (4).

   (3) No remuneration or allowance shall be paid under this section to a member who is a public officer.

   (4) The office a member shall become vacant—

      (a)   upon his death;

      (b)   if he is adjudged bankrupt;

      (c)   if he is convicted of an offence and sentenced to imprisonment without the option of a fine;

      (d)   if the Minister, who is hereby empowered so to do, removes him from office for improper conduct as a member or for failure to comply with the terms and conditions of his office or to perform efficiently the functions of his office, whether due to infirmity of body or mind or any other cause;

      (e)   if he is absent without the permission of the Authority from three consecutive meetings of the Authority of which he has had notice;

      (f)   if the Minister is satisfied at any time that the private interests of the member conflict with his duties as a member and he is so notified in writing by the Minister;

      (g)   upon the expiry of one month's notice in writing of his intention to resign his office given by him to the Minister; or

      (h)   upon the expiry of one month's notice in writing given to him by the Minister.

6.   Acting appointments

If 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 5, 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 vacancy

When the office of a member becomes vacant, the Minister may appoint another person to fill the vacancy.

8.   Procedure and meetings of the Authority

   (1) The Authority shall hold its first meeting on such date and at such place as the Minister may specify, and thereafter meetings of the Authority shall be held at such places and times as the chairman of the Authority may determine.

   (2) Subject to the provisions of this Act and to any directions given to the Authority by the Minister, the Authority shall meet for the dispatch of business and otherwise regulate its meetings and procedure as it may determine.

   (3) The chairman of the Authority may at any time and shall, at the request in writing of two members, convene a special meetings of the Authority.

   (4) A notice convening a special meeting of the Authority shall state the purpose for which the meetings is to be convened.

   (5) There shall preside at any meeting of the Authority—

      (a)   the chairman; or

      (b)   in the absence of the chairman, the vice-chairman; or

      (c)   in the absence of the chairman and vice-chairman, such member as the members present may elect for that meeting.

   (6) Not less than five members shall form a quorum at a meeting of the Authority.

   (7) Any question proposed for a decision by the Authority shall be determined by a majority of the votes of the members present and voting at a meeting of the Authority at which a quorum is present; each member present shall have one vote on a question proposed for decision by the Authority and, in the event of an equality of votes, the person presiding at the meeting shall have, in addition to a deliberative vote, a second vote.

   (8) As soon as practicable after each meeting of the Authority, a copy of the minutes of such meeting shall be forwarded to the Minister.

   (9) All documents, other than those required by law to be under seal, made by, and all decisions of, the Authority may be signified under the hand of the chairman.

9.   Instruments of the Authority

Any 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

   (1) Contracts on behalf of the Authority may be made in the manner following:

      (a)   a contract which, if made between private persons, would, by law, be required to be in writing and signed by the parties to be charged therewith, may be made on behalf of the Authority in writing, signed by any person acting under its authority, express or implied; and

      (b)   a contract which, if made between private persons, would, by law, be required to be made in writing and under seal may be made on behalf of the Authority under the common seal of the Authority.

   (2) A contract made under sub-section (1) shall be effectual in law and shall bind the Authority and its successors and all other parties thereto.

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