RURAL ELECTRIFICATION ACT

Arrangement of Sections

    Section

PART I
PRELIMINARY PROVISIONS

    1.    Short title

    2.    Interpretation

PART II
RURAL ELECTRIFICATION AUTHORITY

    3.    Continuation of Rural Electrification Authority

    4.    Seal of Authority

    5.    Functions of Authority

    6.    Authority not subject to direction or control of other person

    7.    Board of Authority

    8.    Functions of Board

    9.    Tenure of office and vacancy of member

    10.    Proceedings of Board

    11.    Committees of Board

    12.    Allowances

    13.    Disclosure of interest

    14.    Director, Secretary and other staff

PART III
RURAL ELECTRIFICATION FUND

    15.    Continuation of Rural Electrification Fund

    16.    Purpose of Fund

    17.    Management and administration of Fund

    18.    Control of use of Fund

    19.    Books of accounts

    20.    Auditing of Fund

    21.    Annual report of Fund

PART IV
FINANCIAL PROVISIONS

    22.    Funds of Authority

    23.    Financial year

    24.    Accounts

    25.    Annual report

PART V
GENERAL PROVISIONS

    26.    Immunity

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

    28.    Execution of judgment

    29.    Regulations

    30.    Repeal of Act No. 20 of 2003

        SCHEDULE

AN ACT

to promote and enhance rural electrification; continue the existence of the Rural Electrification Authority and redefine its functions; constitute the Board of the Authority and provide for its functions; continue the existence of the Rural Electrification Fund; repeal and replace the Rural Electrification Act, 2003; and provide for matters connected with, or incidental to, the foregoing.

[18th April, 2023]

Act 5 of 2023.

PART I
PRELIMINARY PROVISIONS

1.    Short title

This Act may be cited as the Rural Electrification Act.

2.    Interpretation

In this Act, unless the context otherwise requires—

    "Authority" means the Rural Electrification Authority continued under section 3;

    "associate" has the meaning assigned to the word in the Anti-Corruption Act, 2012;

    "Board" means the Board of the Authority constituted under section 7;

    "Chairperson" means the person appointed as Chairperson under section 7;

    "citizen" has the meaning assigned to the word in the Constitution;

    "city" has the meaning assigned to the word in the Local Government Act, 2019;

    "Director" means the person appointed as Director under section 14;

    "Economics Association of Zambia" means the Economics Association of Zambia registered under the Societies Act;

    "emoluments" has the meaning assigned to the word in the Constitution;

    "Emoluments Commission" means the Emoluments Commission established under the Constitution;

    "Energy Regulation Board" means the Energy Regulation Board established under the Energy Regulation Act, 2019;

    "Engineering Institution of Zambia" means the Engineering Institution of Zambia established under the Engineering Institution of Zambia Act, 2010;

    "Fund" means the Rural Electrification Fund continued under section 15;

    "legally disqualified" means the absence of legal capacity as provided under section 4 of the Mental Health Act, 2019;

    "municipality" has the meaning assigned to the word in the Local Government Act, 2019;

    "non-governmental organisation" has the meaning assigned to the word in the Non-Governmental Organisations' Act, 2009;

    "relative" has the meaning assigned to the word in the Anti-Corruption Act, 2012;

    "repealed Act" means the Rural Electrification Act, 2003;

    "rural area" means an area that is not declared a city or established as a municipality under the Local Government Act, 2019;

    "Secretary" means the person appointed as Secretary under section 14;

    "smart subsidy" means a one-off financial support, in cash or in kind, provided by the Authority for the purposes of the initial capital expenditure of a rural electrification project;

    "State institution" has the meaning assigned to the words in the Constitution; and

    "Vice-Chairperson" means the person appointed as Vice-Chairperson under section 7.

PART II
RURAL ELECTRIFICATION AUTHORITY

3.    Continuation of Rural Electrification Authority

The Rural Electrification Authority established under the repealed Act is continued as if established under this Act and is a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name and with power, subject to the provisions of this Act, to do all acts and things as a body corporate may, by law, do or perform.

4.    Seal of Authority

    (1) The seal of the Authority shall be a device that may be determined by the Board and shall be kept by the Director.

    (2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Director or any other person authorised in that behalf by a resolution of the Board.

    (3) A contract or instrument which, if entered into or executed by a person not being a body corporate, is not required to be under seal, may be entered into or executed without seal on behalf of the Authority by the Director or any other person authorised in that behalf by a resolution of the Board.

    (4) A document purporting to be a document under the seal of the Authority or issued on behalf of the Authority shall be received in evidence and shall be considered to be so executed or issued, without further proof, unless the contrary is proved.

5.    Functions of Authority

    (1) The functions of the Authority are to—

    (a)    promote the utilisation of available rural electrification technological options to enhance the contribution of electricity for the development of social and economic activities in rural areas;

    (b)    develop mechanisms for the procurement of grid extension networks, on-grid and off-grid systems, for rural electrification;