CHAPTER 119 - SOCIETIES ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Societies (Application) Order

Societies (Non-Application to Clubs) Order

Application

Societies Rules

SOCIETIES (APPLICATION) ORDER

[Section 2]

Arrangement of Paragraphs

   Paragraph

   1.   Title

   2.   Declaration

      SCHEDULE

[Order by the Minister]

GN 147 of 1958,

GN 140 of 1964,

GN 121 of 1983.

 

1.   Title

This Order may be cited as the Societies (Application) Order.

 

2.   Declaration

The associations of persons described in the Schedule are hereby declared not to be societies for the purposes of the Act.

SCHEDULE

[Paragraph 2]

SOCIETIES DECLARED NOT TO BE SOCIETIES FOR THE PURPOSES OF THE SOCIETIES ACT

1. All schools registered or established under the provisions of the Education Act, which are intended to provide or further a general, vocational, or technical education.

2. All statutory education authorities, advisory boards, school councils or committees and all committees appointed for educational purposes—

      (a)   by the Permanent Secretary to the Ministry of Education either before or after the 1st January, 1964; or

      (b)   by the Secretary to the former Federal Ministry of Education before the 1st January, 1964.

3. All societies within any school aforesaid which have been approved by the principal or head-teacher of such school and have not been disapproved—

      (a)   by the Permanent Secretary to the Ministry of Education either before or after the 1st January, 1964; or

      (b)   by the Secretary to the former Federal Ministry of Education before the 1st January, 1964.

[Am by GN 140 of 1964.]

SOCIETIES (NON-APPLICATION TO CLUBS) ORDER

[Section 2]

Arrangement of Paragraphs

   Paragraph

   1.   Title

   2.   Non-application of Act to Clubs

[Order by the Minister]

SI 121 of 1983.

 

1.   Title

This Order may be cited as the Societies (Non-Application to Clubs) Order.

 

2.   Non-application of Act to Clubs

A club registered under the Clubs Registration Act is hereby declared not to be a society for the purposes of this Act.

APPLICATION

[Section 30]

[Declarations by the Minister]

GN 83 of 1959,

GN 84 of 1959,

GN 497 of 1964,

SI 197 of 1972.

It is hereby declared that the provisions of sub-sections (1) and (2) of section 30 of the Act shall apply to the Northern, Luapula, Copperbelt, Eastern, Central, Southern, North-Western and Western Provinces of Zambia.

SOCIETIES RULES

Arrangement of Rules

   Rule

   1.   Title

   2.   Interpretation

   3.   Books of account to be kept by registered societies

   4.   Register of members to be kept by registered societies

   5.   Application for registration or exemption

   6.   Issue of Certificate of Registration

   7.   Issue of Certificate of Exemption

   8.   Notice of refusal to register

   9.   Notice of rescission of exemption

   10.   Notice of cancellation of registration

   11.   Notice of change of name of society

   12.   Notice of change in constitution of society

   13.   Notice of alteration of objects of society

   14.   Notice of change of address of society

   15.   Notice of change of office-bearers

   16.   Annual returns

   17.   Amendment of particulars in register

   18.   Appeals

   19.   Furnishing of additional information and documents

   20.   Signing of returns, etc.

   21.   Penalties

   22.   Prescribed fees

      FIRST SCHEDULE

      SECOND SCHEDULE

[Rules by the Minister]

Act 13 of 1994,

GN 119 of 1958,

GN 328 of 1958,

GN 307 of 1962,

GN 314 of 1964,

GN 497 of 1964,

SI 295 of 1969,

SI 6 of 1972,

SI 110 of 1982,

SI 11 of 1992,

SI 25 of 1994,

SI 138 of 1998,

SI 71 of 2002,

SI 64 of 2004.

 

1.   Title

These Rules may be cited as the Societies Rules.

 

2.   Interpretation

In these Rules, unless the context otherwise requires—

“the register” means the register of societies to be kept by the Registrar under section 10(1) of the Act.

 

3.   Books of account to be kept by registered societies

   (1) Every registered society which receives money from any source, whether by way of subscription, donation or otherwise, shall keep one or more books of account in which shall be entered details of all money received and payments made by the society.

   (2) Every office-bearer and every person managing or assisting in the management in Zambia of a registered society in respect of which the provisions of this rule are not complied with shall be guilty of an offence against these Rules and shall be liable on conviction to a fine not exceeding six thousand penalty units or to imprisonment not exceeding one year, or to both, unless he establishes to the satisfaction of the court that he exercised due diligence and that the failure by the society to comply with this rule was due to reasons beyond his control.

[Am by Act 13 of 1994.]

 

4.   Register of members to be kept by registered societies

Every registered society shall keep a register of its members in which shall be entered—

      (a)   the full name and address of each member;

      (b)   the date on which each member was admitted to membership;

      (c)   the date on which each member ceases to be a member.

 

5.   Application for registration or exemption

   (1) Every application for registration or for exemption from registration of any society shall—

      (a)   be made in quadruplicate in the form set out as Form S.O.1 in the First Schedule;

      (b)   be signed by all office-bearers of the society in the presence of the Registrar of the district in which the society has its registered office;

      (c)   be sent to the Registrar of the district in which the society has its registered office;

      (d)   be accompanied by three copies of the constitution and rules of the society;

      (e)   be accompanied by a remittance for thirteen fee units.

[Am by SI 110 of 1982; Act 13 of 1994.]

   (2) The remittance referred to in paragraph (e) of sub-rule (1) shall not be returnable to the society whether or not such society is granted, or exempted from, registration.

   (3) Where the constitution or rules of the society were not made in the English language, there shall be attached to the application three copies of a translation of the said constitution or rules into the English language, in addition to the three copies of the said constitution or rules in the language in which they were made.

[Am by SI 295 of 1969; 6 of 1972.]

 

6.   Issue of Certificate of Registration

On the registration of any society, the Registrar shall issue to the society a Certificate of Registration in the form set out as Form S.O.2 in the First Schedule.

 

7.   Issue of Certificate of Exemption

On granting any society exemption from registration, the Registrar shall issue to the society a Certificate of Exemption in the form set out as Form S.O.3 in the First Schedule.

 

8.   Notice of refusal to register

Where the Registrar refuses to register a society, he shall send to the society notification of his refusal in the form set out as Form S.O.4 in the First Schedule.

 

9.   Notice of rescission of exemption

Where under the provisions of section 12(1) of the Act the Registrar rescinds any exemption from registration granted to any society, he shall give notice to the society of such rescission in the form set out as Form S.O.5 in the First Schedule.

 

10.   Notice of cancellation of registration

Where under section 13(2) of the Act the Registrar cancels the registration of any society, he shall give notice to the society of such cancellation in the form set out as Form S.O.6 in the First Schedule.

 

11.   Notice of change of name of society

Every registered or exempted society which changes its name in accordance with section 17(1)(a) or 18(1) of the Act shall notify the Registrar of the change in the form set out as Form S.O.7 in the First Schedule.

 

12.   Notice of change in constitution of society

Every registered society which changes any of the provisions of its constitution or rules shall notify the Registrar in the form set out as Form S.O.7 in the First Schedule.

 

13.   Notice of alteration of objects of society

Every registered and exempted society which adds to or decreases or otherwise varies its objects shall notify the Registrar in the form set out as Form S.O.7 in the First Schedule.

 

14.   Notice of change of address of society

Where any registered or exempted society changes the situation of its registered office or changes its postal address, it shall, within fourteen days, send to the Registrar notice thereof on one of the forms set out as Form S.O.7 in the First Schedule, whichever may be appropriate.

 

15.   Notice of change of office-bearers

   (1) Where any office-bearer of a registered society ceases to hold office or any person is appointed to be an office-bearer of a registered society, such registered society shall, within fourteen days, send to the Registrar notice thereof in the form set out as Form S.O.8 in the First Schedule.

   (2) If any registered society fails to comply with the provisions of this rule, then such society and every office-bearer thereof shall be guilty of an offence and shall be liable to a fine not exceeding three thousand penalty units

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