NON-GOVERNMENTAL ORGANISATIONS ACT

Arrangement of Sections

PART I
PRELIMINARY

   Section

   1.   Short title

   2.   Application

   3.   Administration of Act

   4.   Interpretation

PART II
THE NON-GOVERNMENTAL ORGANISATIONS’S REGISTRATION BOARD

   5.   Establishment of Non-Governmental Organisations Registration Board

   6.   Composition of Board

   7.   Functions of Board

   8.   Registrar for Non-Governmental Organisations

   9.   Documentation Centre

PART III
REGISTRATION OF NON-GOVERMENTAL ORGANISATIONS

   10.   Prohibition of operation of unregistered organisation

   11.   Application for registration

   12.   Organisation deemed to be established in Zambia

   13.   Certificate of registration

   14.   Validity of certificate

   15.   Refusal of registration

   16.   Renewal of certificate of registration

   17.   Suspension and cancellation of certificate

   18.   Loss of certificate

   19.   Board may require proof of existence

   20.   Register

   21.   Publication of organisations

   22.   Appeals

   23.   Exempt organisations

   24.   No diplomatic privileges or immunities for Non-Governmental Organisations

PART IV
DUTIES OF REGISTERED NON-GOVERNMENTAL ORGANISATIONS

   25.   Change of name, objects, etc.

   26.   Information to be furnished by organisation

   27.   Registered Office

   28.   List of office bearers to be furnished to Registrar on change of office bearers

PART V
SELF REGULATION BY NON-GOVERNMENTAL ORGANISATIONS

   29.   Establishment of Congress

   30.   Constitution of Council

   31.   Functions of Council

   32.   Code of Conduct

   33.   Publication of Code of Conduct

   34.   Membership of interim Council

PART VI
GENERAL PROVISIONS

   35.   Transitional period

   36.   Offences and penalties

   37.   Regulations

      SCHEDULE

AN ACT

to provide for the co-ordination and registration of Non-Governmental Organisations; establish the Non-Governmental Organisations’ Registration Board and the Zambia Congress of Non-Governmental Organisations; constitute the Council of Non-Governmental Organisations; enhance the transparency, accountability and performance of Non-Governmental Organisations; and provide for matters connected with or incidental to the foregoing.

[28th August, 2009]

Act 16 of 2009.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Non-Governmental Organisations Act.

2.   Application

   (1) This Act does not apply to churches, clubs, political parties, professional groups or organisations, trade unions and religious organisations.

   (2) The Minister may, by statutory instrument, extend the application of this Act to such other organisations as the Minister may determine.

3.   Administration of Act

This Act shall be administered and implemented by the Ministry responsible for community development and social welfare.

4.   Interpretation

In this Act, unless the context otherwise requires—

“Board” means the Non-Governmental Organisations’ Registration Board established under section 5;

“certificate” means the certificate of registration issued under Part III of this Act;

“Congress” means the Zambia Congress of Non-Governmental Organisations established under section 29;

“Council” means the Council of Non-Governmental Organisations established under section 30;

“international Non-Governmental Organisations” means a Non-Governmental Organisations with the original incorporation in one or more countries other than Zambia;

“Non-Governmental Organisations” means a private voluntary grouping of individuals or associations, whether corporate or unincorporated, not established or operated for profit, partisan politics or any commercial purposes, and who or which have organised themselves for the promotion of civic education, advocacy, human rights, social welfare, development, charity, research or other activity or program for the benefit or interest of the public, through resources mobilised from sources within or outside Zambia;

“Register” means the Register for Non-Governmental Organisations; and

“Registrar” means the Registrar for Non-Governmental Organisations appointed under section 8.

PART II
THE NON-GOVERNMENTAL ORGANISATIONS’ REGISTRATION BOARD

5.   Establishment of Non-Governmental Organisations Registration Board

   (1) There is hereby established the Non-Governmental Organisations’ Registration Board.

   (2) The provisions of the Schedule apply to the Board.

   (3) The expenses and cost of the Board shall be paid out of funds appropriated by Parliament for the performance of the Board’s functions under this Act.

6.   Composition of Board

   (1) The Board shall consist of fifteen part-time members appointed by the Minister.

   (2) The Board shall comprise—

      (a)   two members appointed by the Minister by virtue of the members’ knowledge or experience in development and welfare management;

      (b)   one person each from the—

      (i)   Ministry responsible for health;

      (ii)   Ministry responsible for home affairs;

      (iii)   Ministry responsible for economic planning;

      (iv)   Ministry responsible for- community development; and

      (v)   the Ministry responsible for local government;

      (c)   a representative of the Attorney-General;

      (d)   seven members elected by the Congress; and

      (e)   the Registrar, as ex-officio member.

   (3) The Minister shall, on receiving the names of the proposed representatives under sub-section (2), consider the nominations and may reject any nomination:

Provided that where the Minister rejects any proposed representative, the Minister shall direct the organisation or institution which proposed the representative to avail the Minister with the name of another representative.

   (3) The Minister shall, in making appointments under this section, ensure equal gender representation on the Board.

   (4) The Chairperson and Vice - Chairperson shall be appointed by the Minister from amongst the members.

   (6) A person shall not be appointed as a member of the Board if the person—

      (a)   is an undischarged bankrupt;

      (b)   is insane or of unsound mind; or

      (c)   has been convicted of an offence under any law.

   (6)   The Board may invite any person whose presence is in its opinion desirable to attend and to participate in the deliberations of a meeting of the Board but such person shall have no vote.

7.   Functions of Board

The functions of the Board are to—

      (a)   register Non-Governmental Organisations;

      (b)   approve the area of work of Non-Governmental Organisations operating in Zambia;

      (c)   maintain a register of national and international Non-Governmental Organisations operating in Zambia, with the sectors, affiliations and locations of their activities;

      (d)   recommend the rules and procedures for the audit of the accounts of Non-Governmental Organisations;

      (e)   prescribe rules for the declaration of assets and liabilities by officers of Non-Governmental Organisations;

      (f)   receive and discuss the annual reports of Non-Governmental Organisations submitted by the Non-Governmental Organisations pursuant to section 26;

      (g)   advise the Government on the activities of the Non-Governmental Organisations and their role in development in Zambia;

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