CHAPTER 273
ZAMBIA NATIONAL PROVIDENT FUND ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

   3.   National registration particulars

PART II
ZAMBIA NATIONAL PROVIDENT FUND

   4.   Zambia National Provident Fund established

   5.   Establishment of the Board

   5A.   Guaranteeing of loans

   6.   The Director

   7.   Deputy to the Director

   8.   Arrangement with persons responsible for any savings, social security or pension scheme

   9.   Inspectors

PART III
CONTRIBUTING EMPLOYERS AND ELIGIBLE EMPLOYEES

   10.   Registration of employers

   11.   Eligible employees by Order of the President

   12.   Religious organisations

   13.   Contributing employers to remain contributing employers

   14.   Eligible employees

   15.   Registered employers to notify the Director of all eligible employees

PART IV
CONTRIBUTIONS AND PAYMENTS TO THE FUND

   16.   Statutory contributions

   16A.   Minister to prescribe statutory contributions

   17.   Special contributions

   17A.   Domestic contribution

   18.   Employee’s share

   19.   Supplementary contributions by employers

   20.   Capital sum payment by employer

   21.   Member contributing on his own behalf

   22.   Recovery of contributions from employers and penalty

   23.   Members’ accounts

   24.   Protection of Members’ accounts

PART V
DOMESTIC SERVANTS

   24A.   Registration of domestic servants

   24B.   Membership card

   24C.   Payments of domestic contribution

   24D.   Employee’s share

   24E.   Employee’s share of domestic contributions

   24F.   Voluntary registration of employee

PART VI
BENEFIT

   25.   Amount of benefit

   26.   Actuarial reports on Fund and method of payment of benefit

   27.   Benefit payable on age qualification

   28.   Benefit payable on death

   29.   Benefit payable on disability

   30.   Benefit payable on emigration

   30A.   Benefits payable for home ownership

PART VII
FINANCIAL

   31.   Accounts and audit

   32.   Investment Committee

   33.   Investment of money

   34.   Reserve Account

   35.   Interest on accounts

   36.   Refund of excess contributions

PART VIII
LEGAL

   37.   Criminal proceedings

   38.   Institution of legal proceedings

   38A.   Priority of payments

   39.   Protection of contributions

   40.   Certificates as evidence

PART IX
MISCELLANEOUS

   41.   Existing schemes

   41A.   Accounts for Workers Compensation Fund Control Board

   42.   Repealed

   43.   Prohibition against misuse of information received

   44.   Regulations

   45.   Reciprocal agreements

   46.   Act to bind the Republic

      FIRST SCHEDULE

      SECOND SCHEDULE

AN ACT

to establish a National Provident Fund and to provide for its administration and for the payment of contributions into and benefit out of the Fund; and to provide for matters incidental thereto and connected therewith.

[10th Janaury, 1966]

Act 1 of 1966,

Act 51 of 1967,

Act 30 of 1968,

Act 15 of 1969,

Act 19 of 1973,

Act 29 of 1975,

Act 21 of 1979,

Act 13 of 1994,

Act 17 of 1994,

SI 233 of 1966,

SI 337 of 1967.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Zambia National Provident Fund Act.

2.   Interpretation

   (1) In this Act, unless the context otherwise requires—

“annuitant” means a person who is in receipt of an annuity;

“annuity” means a fixed sum of money payable by monthly instalments in arrear on such conditions as may be specified in the annuity agreement with the Director;

“benefit” means benefit payable under this Act;

“Board” means the Zambia National Provident Fund Board established under section 5;

“casual employee” at any time means an employee other than a domestic servant engaged on adaily contract of service who at that time has been employed by his employer for a continuous period of less than one month:

Provided that the continuity of the employee’s period of service shall not be deemed to have been broken by reason only that the employee was not employed on sundays, public holidays or not more than five other days during the period of one month;

“contributing employer” means an employer who has become a contributing employer by virtue of the provisions of section 10, 11 or 12;

“contribution” includes statutory contribution, domestic contribution, special contribution and supplementary contribution;

“contribution period” means, where wages are paid to an employee—

      (a)   at intervals of more than a fortnight, the month during which wages are paid; or

      (b)   at intervals of more than a week but not more than a fortnight, the fortnight ending with the last day of the week in which wages are paid; or

      (c)   at intervals of a week or less, the week in which wages are paid;

“dependant” means one of the family of a Member who was wholly or in part dependent upon the earnings of that Member at the time of the Member’s death or would, but for the illness of the Member, have been so dependent:

Provided that a person shall not be deemed to be in part dependent upon the earnings of another person unless he was dependent partially on assistance from that other person for the provision of the ordinary necessities of life suitable for persons of his station;

“Director” means the Director of the Fund appointed under section 6;

“domestic contribution” means the contribution payable under section 17A;

“domestic servant” means an employee gainfully employed in domestic duties in or about his employer’s dwelling house, other than for the purpose of the employer’s trade or business;

“eligible employee” means an eligible employee in terms of section 11, 14, 17A or 24F

“employee” means any person who—

      (a)   is employed in Zambia under any contract of service or of apprenticeship with an employer, whether the contract is expressed or implied, is oral or in writing, and whether employed by way of manual labour, clerical work or otherwise; or

      (b)   is ordinarily resident in Zambia and is employed outside Zambia under any such contract of service with an employer in Zambia by whom he is paid;

“employee’s share” means the amount so designated by statutory order of the Minister;

“employer” means, subject to the provisions of sub-section (2), the person with whom an employee has entered into a contract of service or of apprenticeship and who is responsible for the payment of the wages of the employee;

“Fund” means the Zambia National Provident Fund;

“Investment Committee” means the Zambia National Provident Fund Investment Committee;

“Member” means a person eligible for registration as a Member of the Fund or for whom the Director is required to maintain an account in the Fund

“minor child” means a person who has not yet attained the age of twenty-one years;

“one of the family” means—

      (a)   when used in relation to a person not generally subject to customary law, the wife, husband, father, mother, grandfather, grandmother, stepfather, stepmother, child, grandchild, brother, sister, half-brother or half-sister of such person; and

      (b)   when used in relation to a person generally subject to customary law, any one of such persons as are recognised under customary law as comprising his family;

“paid” means paid in money or money’s worth and, where it has reference to a date of payment, means the date on which the payment was made in cash or, as the case may be, the bill of exchange or promissory note was met;

“Reserve Account” means the Reserve Account of the Fund;

“special contribution” means the special contribution payable under section 17;

“statutory contribution”, in relation to any employee, means the amount so designated bystatutory order of the Minister;

“supplementary contribution” is the supplementary contribution payable under section 19;

“wages” means remuneration in money paid to an employee under his contract of service or apprenticeship, as the case may be, and whether agreed to be paid at fixed or determinable intervals of time—

      (a)   in respect of normal periods of work performed by the employee; or

      (b)   where payment is calculated in relation to set tasks, in respect of the number of tasks completed by the employee; or

      (c)   where payment is calculated in relation to the volume of work done, in respect of the volume completed by the employee,

and includes any allowance paid by the employer to the employee, either directly or by implication, in respect of the cost of living and any payment of wages in lieu of notice of termination of employment.

   (2) Where a person enters into a contract whereby some other person is to provide employees for any lawful purpose of the first-mentioned person and it is not clear from the contract which of the two persons is the employer, then, unless the Board otherwise requires, the first-mentioned person shall be deemed, for the purpose of this Act, to be the employer of those employees.

[S 2 am by Act 51 of 1967, 19 of 1973, 29 of 1975.]

3.   National registration particulars

For the purposes of this Act—

      (a)   the date of birth of any person registered under the National Registration Act shall be determined by reference to his particulars recorded under that Act and, where no date of birth has been so recorded in respect of the said person, he shall, in the absence of evidence to the contrary, be deemed to have been born on the first day of the apparent month of birth so recorded, or on the 1st January in the apparent year of birth so recorded, as the case may be; and

      (b)   a national registration card issued in accordance with the provisions of the National Registration Act shall, in the absence of evidence to the contrary, be accepted as proof of the correctness of the particulars recorded thereon.

PART II
ZAMBIA NATIONAL PROVIDENT FUND

4.   Zambia National Provident Fund established

   (1) There is hereby established the Zambia National Provident Fund into which shall be paid all contributions and other money required or permitted by or under this Act to be so paid.

   (2) There may from time to time be paid out of the Fund such benefits and other payments, including payments in respect of the expenses of administration, as are authorised by or under this Act.

5.   Establishment of the Board

   (1) There is hereby established a Board to be called the Zambia National Provident Fund Board in which the Fund shall be vested and which shall, subject to the provisions of this Act, be responsible for administering the Fund and advising the Minister on any matters in connection therewith, and the provisions of the First Schedule shall have effect as respects the constitution of the Board and its proceedings.

   (2) The Board shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of suing and being sued and, subject to the provisions of this Act, of purchasing or otherwise acquiring, holding, charging and alienating real or personal property, and of doing or performing such acts or things as bodies corporate may by law do or perform.

   (3) The Board may appoint, on such terms and conditions as it sees fit, such persons as are in its opinion necessary for the administration of the Fund.

   (4) The Board shall render annual reports to the Minister; and the Minister shall, as soon as may be after the receipt of any such report, lay a copy thereof before the National Assembly:

Provided that the first report to be rendered under this sub-section may cover such period ending not later than two years after the commencement of this Act as the Board, with the approval of the Minister, may determine.

[S 5 am by Act 19 of 1973.]

5A.   Guaranteeing of loans

The Board may guarantee loans made to employees of the Fund to assist them to acquire housing accommodation.

[S 5A am by Act 21 of 1979.]

6.   The Director

   (1) There shall be a Director of the Fund who shall be appointed by the Minister on such terms and conditions of service as may be determined by the Board and whose remuneration shall be paid from the Fund.

   (2) The Director shall be the Chief Executive Officer of the Fund and shall, subject to the provisions of this Act and to the general directions of the Board, be responsible for the direction of persons appointed by the Board under this Act and for the management of the Fund and in particular—

      (a)   for the assessment of contributions and payments under this Act, for their collection, and for their payment into the Fund;

      (b)   for the payment out of the Fund of benefits and claims under this Act and of the expenditure necessary for the administration of the Fund;

      (c)   for the investment of surplus funds from time to time; and

      (d)   for accounting for all money received, paid out or invested under this Act.

   (3) The Director may, in writing and subject to the general or special directions of the Board and such restrictions, reservations, exceptions and conditions as he may think fit, delegate to any person employed by the Board any of the powers or functions conferred upon him by or under this Act:

Provided that the Director may at any time in writing vary and revoke any delegation under this section and such delegation, while in force, shall not prevent the exercise by the Director of the powers delegated.

[S 6 am by Act 19 of 1973.]

7.   Deputy to the Director

   (1) The Board may at any time nominate as the deputy to the Director any person appointed by it for the administration of the Fund.

   (2) On the occurrence from any cause of a vacancy in the office of Director (whether by reason of death, resignation or otherwise) and in the case of illness, absence or temporary incapacity of the Director (from whatever cause arising), and so long as such vacancy, illness, absence or temporary incapacity continues, the deputy shall have and may exercise all the powers, duties and functions of the Director.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.