NATIONAL ROAD FUND ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
THE NATIONAL ROAD FUND AGENCY

   3.   Establishment of Agency

   4.   Functions of Agency

   5.   Composition of Agency

   6.   Tenure of office and Vacancy

   7.   Filling of casual vacancy

   8.   Proceedings of Agency

   9.   Committees of Agency

   10.   Allowances of members

   11.   Disclosure of interest

   12.   Prohibition of publication or disclosure of information to unauthorised person

   13.   Seal of Agency

PART III
MANAGEMENT AND STAFF

   14.   Director

   15.   Secretary and other staff

PART IV
THE NATIONAL ROAD FUND

   16.   Establishment of Road Fund

   17.   Application of money of Road Fund

PART V
FINANCIAL AND OTHER PROVISIONS

   18.   Funds of Agency

   19.   Financial year

   20.   Accounts

   21.   Annual Reports

   22.   Regulations

   23.   Dissolution of National Roads Board

   24.   Vesting of assets of National Roads Board

   25.   Registration of property to be transferred by Government

   26.   Legal proceedings

   27.   Terms of service of employees of National Roads Board

AN ACT

to establish the National Road Fund Agency and to define its functions; to establish the National Road Fund; and to provide for matters connected with or incidental to the foregoing.

[31st December, 2002]

Act 13 of 2002,

Act 5 of 2006.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the National Road Fund Act.

2.   Interpretation

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

“appointed date” means the date appointed under section 1;“Agency” means the National Road Fund Agency established by section 3;

“Chairperson” means the person appointed as Chairperson of the Agency under section 5;

“Director” means the person appointed as director under section 14;

“Local Authority” means a city council, municipal council or district council established under the Local Government Act;

“maintenance” means the preservation of roads, including repair of road surfaces, road sides, structures and road furniture necessary for the safe and efficient utilisation of roads;

“member” means a member of the Agency or a committee of the Agency;

“road” has the meaning assigned to it in the Public Roads ActAct No. 12 of 2002.')">1;

“Road Development Agency” means the Road Development Agency established under the Public Roads ActAct No. 12 of 2002.')">1;

“Road Fund” means the National Road Fund established under section 16;

"road furniture” means, accessories of a road that make a road safe for traffic on the road and includes traffic lights, traffic signs, guard rails and rest area facilities;

“Road Transport and Safety Agency” means the Road Transport and Safety Agency established under the Road Traffic ActAct No, 11 of 2002.')">1;

“road user charges” includes fees levied by the Agency under the provisions of this Act for construction, rehabilitation and maintenance of roads;

“traffic” has the meaning assigned to it in the Road Traffic ActAct No, 11 of 2002.')">1;

“traffic sign” has the meaning assigned to it in the Public Roads ActAct No. 12 of 2002.')">1; and

“vehicle” has the meaning assigned to it in the Road Traffic Act.

PART II
THE NATIONAL ROAD FUND AGENCY

3.   Establishment of Agency

There is hereby established the National Road Fund Agency 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 provisions of this Act, to do all such acts and things as a body corporate may by law do or perform.

4.   Functions of Agency

   (1) The functions of Agency shall be to—

      (a)   administer and manage the Road Fund;

      (b)   prepare and publish audited annual accounts of the Road Fund;

      (c)   recommend to the Minister fuel levy and other road user charges and tariffs as required;

      (d)   recommend to the Minister projects for funding;

      (e)   allocate resources—

      (i)   for the construction, maintenance and rehabilitation of roads based on a percentage of the annual work programme of the Road Development Agency; and

      (ii)   for road transport, traffic and safety management based on a percentage of the annual work programme of the Road Transport and Safety Agency;

      (f)   in consultation with the Road Development Agency, recommend funding for development of new roads; and

      (g)   undertake such other activities as are conducive or incidental to its functions under this Act.

5.   Composition of Agency

   (1) The Agency shall consist of part-time members appointed by the Minister as follows:

      (a)   one representative of the Zambia Association of Chambers of Commerce and Industry;

      (b)   one representative of the National Council for Construction;

      (c)   one representative of the Zambia Institute of Chartered Accountants;

      (d)   one representative of the Economics Association of Zambia;

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