MARKETS AND BUS STATIONS ACT: SUBSIDIARY LEGISLATION (CHAPTER 290 )

"development project" includes any proposal, scheme or design of a project intended for the improvement of an existing market, bus station or new bus station;

"Fund" means the National Market and Bus Station Development Fund established under regulation 3;

"local authority" has the meaning assigned to the word in the Act;

"management board" has the meaning assigned to the word in the Act;

"market" has the meaning assigned to the word in the Act;

"Principle Infrastructure Development Officer" means a person appointed as such under regulation 8;

"relative" has the meaning assigned to the word in the Anti-Corruption Act; and

"stallage" means the rental, taxation or fees charged for the holding of a stall in a market.

PART II
THE NATIONAL MARKET AND BUS STATION DEVELOPMENT FUND

3. Establishment of National Markets and Bus Stations Development Fund

(1) There is established the National Markets and Bus Stations Development Fund.

(2) The Fund shall consist of-

(a) such monies as may be appropriated by Parliament for the purpose of the Markets and Bus Stations Development Fund;

(b) the proportion of 30 per centum applied to the markets and bus stations licenses, charges, fees, stallages and levies for the purpose of operating in a market, bus station or market street; and

4. Purpose of application for fund by local authority or management board

A local authority or management board may apply for funds for the purposes of-

(a) construction, maintenance and rehabilitation of markets and bus stations projects;

(b) capacity building in management of markets and bus stations; and

5. Accounts and audit

(1) The Committee shall ensure that prudent controls are established for the Fund relating to-

(a) fiscal controls and accounting procedures governing the Fund; and

(b) reporting procedures for matters relating to the Fund.

(2) The Committee shall cause to be kept proper books of accounts and other records relating to the accounts of the Fund.

(3) The Fund shall be audited annually by the Auditor-General.

(4) The Auditor-General's fees shall be paid by the Ministry responsible for local government.

6. Fund account

The Committee shall open and operate an account for purposes of the Fund at such commercial bank as the Committee may determine, in which the money received for the purposes of the Fund shall be deposited and kept.

7. Disbursement from Fund

(1) Where the Committee approves the funding of a project, there shall be paid from the Fund-

(a) the amount of claims on a contract entered into between a local authority or management board; and

(b) any other expenses incurred in relation to the execution of the contract.

(2) The total amount of monies payable out of the Fund under these Regulations to a local authority or management board shall not exceed an amount lawfully adjudged to be due to the local authority or management board for the purpose of a project.

PART III
ADMINISTRATION OF FUND

8. Establishment of the Markets and Bus Stations Committee

(1) There is established a Markets and Bus Stations Committee which is responsible for administration of the Fund.

(2) The Committee consists the following part-time members appointed by the Minister-

(a) the Permanent Secretary, as Chairperson;

(b) the Director responsible for Housing and Infrastructure Department, as Vice-Chairperson;

(d) Chief Accountant for the Ministry responsible for Local Government;

(e) the representative for the Ministry responsible for Finance;

(f) the representative of the Attorney-General;

(g) the representative of the Local Authorities appointed;

(h) the representative from the Ministry responsible for Transport;

(i) the representative of the Zambia Chamber of Commerce and Industry; and

(j) the Principle Infrastructure Development Officer as Secretary.

(3) The functions of the Committee are to-

(a) administer and manage the Fund;

(b) mobilise resources both locally and externally;

(d) recommend to the Minister on Markets and Bus Stations levies and other user licences, fees and charges, stallages and tariffs as required;

(e) allocate resources for the construction, maintenance and rehabilitation of markets and bus stations based on a percentage of the annual work programme of the markets and bus stations;

(f) in consultation with the Markets and Bus Stations Unit, recommend funding for development of new markets and bus stations; and

(g) undertake such other activities as are connected with or incidental to its functions under the Act.

9. Tenure of office and vacancy

(1) Subject to the other provisions of these Regulations, a member of the Committee, other than the members referred to in regulation 8(2)(a) to (d), shall hold office for a term of three years from the date of appointment and may be reappointed for a further term of three years.

(2) A member shall, on the expiration of the period for which the member is appointed, continue to hold office until a successor is appointed, but in no case shall the further period exceed four months.

(3) The office of a member becomes vacant-

(a) on the member's death;

(b) if the member is adjudged bankrupt;

(c) if the member is absent, without reasonable excuse, from three consecutive meetings of the Committee of which the member had notice, without the prior approval of the Chairperson;

(d) upon the expiry of one month's notice of the member, in writing, to the Minister;

(e) if the member becomes mentally incapable of performing duties as a member; or

(f) if the member is convicted of an offence under these Regulations or any other law and sentenced to imprisonment for a period exceeding six months without the option of a fine.

10. Filling of casual vacancy

The Minister may, where the office of a member becomes vacant before the expiry of the term of office, appoint another member in place of the member who vacates office, but that member shall hold office for the unexpired part of the term.

11. Proceedings of Committee

(1) Subject to the other provisions of these Regulations, the Committee may regulate its own procedure.

(2) The Agency shall meet for the transaction of business at least once every three months at such places and times as the Chairperson may determine.

(3) The Chairperson may, upon giving notice of not less than 14 days, call a meeting of the Committee and shall call a special meeting to be held within 14 days of receipt of a written request to the Chairperson by at least five members of the Committee.

(4) If the urgency of any particular matter does not permit the giving of such notice as is required under subsection (3), a special meeting may be called by the Chairperson, upon giving a shorter notice.

(5) Five members of the Committee, other than the ex officio members, shall form a quorum at any meeting of the Committee.

(6) There shall preside at any meeting of the Committee-

(a) the Chairperson;

(b) in the absence of the Chairperson the Vice Chairperson; or

(c) in the absence of both the Chairperson and the Vice Chairperson, the Director responsible for local government administration.

(7) A decision of the Committee on any question shall be by a majority of the members present and voting at the meeting and in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to the deliberative vote.

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

(9) The validity of any proceedings, act or decision of the Committee shall not be affected by any vacancy in the membership of the Committee or by any defect in the appointment of any member or by reason that any person not entitled to do so took part in the proceedings.

12. Sub-committees

(1) The Committee may, for the purpose of performing its functions under these Regulations, establish such sub-committees as it considers necessary and delegate to any of those sub-committees such of its functions as it considers fit.

(2) The Committee may appoint as members of a sub-committee persons who are or are not members, except that at least one member shall be a member of the Committee.

(3) A person serving as a member of a sub-committee shall hold office for such period as the Committee may determine.

(4) Subject to any specific or general direction of the Committee, a sub-committee may regulate its own procedure.

(5) A sub-committee shall keep minutes of its meetings and shall keep the Committee informed of its activities.

(6) Meetings of a sub-committee shall be held at such times as the Committee may determine or direct.

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