Zambia Act or statute

Zambia legislation

African War Memorial Fund Act, 1954

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Jurisdiction: Zambia
Structure: 19 provisions
Citation: Act 37 of 1954
Dates: As at 31 Dec 1996

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Dates: As at 31 Dec 1996

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“This section gives the Act’s short title: the African War Memorial Fund Act.”

This section gives the Act’s short title: the African War Memorial Fund Act. This section defines “the Board” and “the Fund” for use in the Act, unless the context requires otherwise. This section establishes the Board of Trustees for the Fund and gives it power to manage the Fund and deal with land for Act purposes. This section sets the Board’s size, membership makeup, quorum, and who can appoint, replace, dismiss, or chair trustees. The Board may make rules to regulate its proceedings, but only with the Minister’s approval and by statutory instrument.

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Short title ........................................................................................................................................................................................................... 1

This section gives the Act’s short title: the African War Memorial Fund Act.

Section 1

Management of buildings ............................................................................................................................................................................ 2

The Board may take steps it considers necessary to manage certain buildings.

Section 6

Investment of moneys ................................................................................................................................................................................ 3

Money that may be invested under the Act can be placed in the Schedule’s investments, fixed deposits at specified banks, or other Zambia-operating banks approved by the Minister.

Section 10

This provision lists Parliamentary stocks, public funds, and Government securities of the United Kingdom, the Republic of Zambia, or any British Colony.

Section 1

Management of buildings ............................................................................................................................................................................ 2

Stocks, funds or securities authorised under the named UK Act are covered, but only subject to any restriction imposed by that Act.

Section 6

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Source record from zambialii.org · As at 31 Dec 1996

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Showing 19 of 19 provisions

Provision 8Amendment 6Short title 2Interpretation 2

§ 1Short title ........................................................................................................................................................................................................... 1Short title

This section gives the Act’s short title: the African War Memorial Fund Act.

1. Short title This Act may be cited as the African War Memorial Fund Act.

Section 1Verify source

§ 2Interpretation .................................................................................................................................................................................................... 1Interpretation

This section defines “the Board” and “the Fund” for use in the Act, unless the context requires otherwise.

2. Interpretation In this Act, unless the context otherwise requires— "the Board" means the African War Memorial Fund Board of Trustees established under section three; "the Fund" means the African War Memorial Fund.

Section 2Verify source

§ 3Establishment of Board of Trustees ......................................................................................................................................................... 1Commencement

This section establishes the Board of Trustees for the Fund and gives it power to manage the Fund and deal with land for Act purposes.

3. Establishment of Board of Trustees (1) For the purposes of managing the Fund and for the other purposes of this Act, there shall be established a Board of Trustees which shall be a body corporate with the name of "The African War Memorial Fund Board of Trustees", with perpetual succession and power to acquire and hold and sell or otherwise dispose of land. (2) The Fund shall consist of— (a) the moneys and investments forming part of the Fund at the commencement of this Act; (b) such other sums as may, from time to time, be credited to the Fund by the Government or any person for the purposes of this Act. [As amended by No. 31 of 1956 and No. 18 of 1961]

Section 3Verify source

§ 4Constitution of Board .................................................................................................................................................................................... 1Amendment

This section sets the Board’s size, membership makeup, quorum, and who can appoint, replace, dismiss, or chair trustees.

4. Constitution of Board (1) The Board shall consist of nine members appointed from time to time by the Minister. At least ﬁve of the members shall be ex-servicemen. (2) Any member of the Board (hereinafter referred to as "a trustee") shall remain a trustee unless and until— (a) he becomes bankrupt; or (b) he leaves Zambia and remains out of it for a continuous period of more than twelve calendar months; or (c) his period of ofﬁce expires; or By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 1 African War Memorial Fund Act, 1954 (Chapter 178) Zambia (d) he resigns from the Board having given two months' notice of his intention so to do to the Minister; or (e) he is dismissed by the Minister. (3) The trustees shall hold ofﬁce for such period as the Minister may direct. (4) If any vacancy occurs by death, resignation, efﬂuxion of time, or otherwise in the ofﬁce of any trustee, the vacancy shall be ﬁlled by appointment by the Minister who may also appoint an alternate to any trustee who is, by reason of absence from Zambia, illness or other cause, unable for the time being to serve as a trustee. (5) Any person ceasing to be a trustee shall be eligible for reappointment. (6) The powers of the Board may be exercised notwithstanding any vacancy in its number. (7) The Board may appoint one of its members to be the chairman of the Board, who, if present, shall preside at all its meetings. In the absence of the chairman, the trustees present at a meeting shall elect one of their number to preside for the time being in his place. (8) A quorum of the Board shall consist of ﬁve trustees for the purposes of any meeting. [As amended by No. 31 of 1956, No. 18 of 1961 and S.I. No. 53 of 1965]

Section 4Verify source

§ 5Proceedings of Board ..................................................................................................................................................................................... 2Amendment

The Board may make rules to regulate its proceedings, but only with the Minister’s approval and by statutory instrument.

5. Proceedings of Board The Board may, with the approval of the Minister, by statutory instrument, make rules for regulating the proceedings of the Board. [As amended by S.I. No. 53 of 1965]

Section 5Verify source

§ 6Management of buildings ............................................................................................................................................................................ 2Provision

The Board may take steps it considers necessary to manage certain buildings.

6. Management of buildings The Board may take such steps as it considers necessary to provide for the management of any building erected on land which is vested in the Board or of any building erected with funds allocated by the Board under the provisions of this Act. [No. 18 of 1961]

Section 6Verify source

§ 7Powers and duties of Board ........................................................................................................................................................................ 2Amendment

The Board controls and manages the Fund and may handle, invest, and spend its money for the purposes set out here.

7. Powers and duties of Board The Board shall have the general control and management of the Fund and for that purpose shall hold the moneys and investments forming part of the Fund and may— (a) permit the moneys referred to to remain in the present state of investment or at its absolute discretion sell, call in or convert into money the same or any part thereof; and (i) (ii) subject to the provisions of section eight, expend the net proceeds or any part thereof thereby produced for all or any of the purposes referred to in section eight; or invest the net moneys or any part thereof thereby produced in accordance with the provisions of section ten; (b) expend the twenty thousand kwacha previously allocated for the provision of an Old Soldiers' Home for elderly indigent African ex-servicemen on the provision of one or more such homes as may be considered desirable by the Board: Provided that, with the consent of the Minister, such allocation may be increased if the Board considers the increase necessary; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 2 African War Memorial Fund Act, 1954 (Chapter 178) Zambia (c) hold the moneys allocated for the Old Soldiers' Home in investment until such a home is required, meanwhile devoting the income thereof— (i) to meet any costs incidental to the management of buildings under section six; (ii) to the provision of bursaries under the provisions of section eight. [As amended by No. 31 of 1956, No. 18 of 1961 and S.I. No. 53 of 1965]

Section 7Verify source

§ 8Bursaries and grants ...................................................................................................................................................................................... 3Amendment

The Board must keep the remaining Fund balance and may use it for bursaries, grants, and related educational assistance for African ex-servicemen and their families, with a limited power to assist other Africans once applicants’ needs are met.

8. Bursaries and grants (1) The Board shall hold the balance of the Fund remaining, after any moneys set aside under paragraph (b) of section seven have been deducted, for the purposes— (a) of providing bursaries for African ex-servicemen and the sons, daughters or other dependants of African ex-servicemen, taking into consideration any recommendations made by the African Bursaries Committee or such other body as the Minister may from time to time appoint, and paying such other sums as, in the opinion of the Board, may be necessary for the educational advancement of any such African within or outside Zambia; (b) of providing from time to time such sums as the Board may think ﬁt for grants to African ex- servicemen or their families as may to the Board appear justiﬁed; (c) of providing funds for any purpose whatsoever, whether similar to the foregoing or not, which, in the opinion of the Board, is for the beneﬁt of African ex-servicemen or their families, whether severally or collectively. (2) If at any time, in the opinion of the Board, the reasonable requirements of all applicants for assistance under subsection (1) have been met, the Board may provide assistance of a nature similar to that mentioned in paragraph (a) of subsection (1) to Africans other than those mentioned therein. (3) The Board may sell, call in or convert into money any investment made under the provisions of sub- paragraph (ii) of paragraph (a) of section seven and expend the net proceeds thereby produced for all or any of the purposes referred to in subsections (1) and (2): Provided that the amount so expended, together with any amount expended under the provisions of sub-paragraph (i) of paragraph (a) of section seven, shall not exceed in total an amount of ﬁfty thousand kwacha unless the Minister shall have given his consent to any expenditure in excess of such amount. [As amended by No. 31 of 1956, No. 18 of 1961 and S.I. No. 53 of 1965]

Section 8Verify source

§ 9Discretion of Board ........................................................................................................................................................................................ 3Provision

The Board has absolute discretion to decide whether a person should receive assistance under section 8.

9. Discretion of Board The Board shall have absolute discretion in deciding whether, under the provisions of section eight, any person should or should not receive assistance from the Board.

Section 9Verify source

§ 10Investment of moneys ................................................................................................................................................................................ 3Amendment

Money that may be invested under the Act can be placed in the Schedule’s investments, fixed deposits at specified banks, or other Zambia-operating banks approved by the Minister.

10. Investment of moneys Any moneys liable to be invested under the terms of this Act may be invested in or upon any of the investments mentioned in the Schedule or may be placed on ﬁxed deposit with the Standard Bank Limited or Barclays Bank D.C.O. or any other Bank operating within Zambia which may be approved by the Minister, and the Board may, from time to time at its absolute discretion, vary or transpose any such investments for or into such authorised investments. [As amended by S.I. No. 53 of 1965] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 3 African War Memorial Fund Act, 1954 (Chapter 178) Zambia

Section 10Verify source

§ 11Investment of funds .................................................................................................................................................................................... 4Provision

Fund money and investments must be held and invested in the Board’s name.

11. Investment of funds All moneys and investments, from time to time forming part of the Fund, shall be held and invested in the name of the Board.

Section 11Verify source

§ 12Staff and expenses ...................................................................................................................................................................................... 4Provision

The Board may appoint a secretary or clerk, pay reasonable remuneration and expenses from the Fund, and dismiss the person when necessary. The secretary or clerk may make small cash disbursements from the Fund when reasonably needed for the Board’s business and correspondence.

12. Staff and expenses The Board shall have the power to appoint a secretary or clerk to assist in its work and to record the minutes of its meetings, and to pay him reasonable remuneration and expenses from the Fund, and to dismiss him if and when necessary. It shall be lawful for the secretary or clerk to make such small disbursements of cash from the Fund as may from time to time be reasonably necessary for the conduct of the business and correspondence of the Board.

Section 12Verify source

§ 13Opinion of majority of the trustees to be binding on the minority ........................................................................................... 4Provision

If the trustees are not unanimous, a majority decision binds the dissenting minority.

13. Opinion of majority of the trustees to be binding on the minority In case the trustees shall not be unanimous upon any matter arising in or out of the business of the Board, the decision of the majority of the trustees present and voting, in the case of a matter to be decided at any meeting or in any other case, the decision of the majority of all the trustees shall bind the dissenting minority, and the acts of the majority in execution of the powers hereby given to and reposed in the Board shall be as valid as if they had acted in such matter unanimously.

Section 13Verify source

§ 14Annulment of Trust Deed and validation of acts ............................................................................................................................. 4Provision

The specified Trust Deed is annulled, but valid acts done under it are treated as having been done under this Act.

14. Annulment of Trust Deed and validation of acts The Trust Deed numbered Miscellaneous 1044 in the Registry of Lands and Deeds, under the authority of which the Fund has hitherto been administered, is hereby annulled: Provided that any act or thing validly and properly done under the provisions of the said deed shall be deemed to have been done under the provisions of this Act. Schedule (Section 10) Investment of moneys

Section 14Verify source

Part

Schedule (Section 10)

This provision lists Parliamentary stocks, public funds, and Government securities of the United Kingdom, the Republic of Zambia, or any British Colony.

1. Any of the Parliamentary stocks or public funds or Government securities of the United Kingdom, the Republic of Zambia or any British Colony.

Section 1Verify source

This provision refers to securities whose interest is currently guaranteed by the Parliament of the United Kingdom.

2. Any securities the interest of which is for the time being guaranteed by the Parliament of the United Kingdom.

Section 2Verify source

This section concerns real or heritable securities within the Republic of Zambia.

3. Real or heritable securities within the Republic of Zambia.

Section 3Verify source

This provision defines certain railway-company debentures, debenture stock, or shares as instruments with a fixed or minimum guaranteed interest or dividend rate.

4. Debentures, or debenture stock or shares of any railway or other company a ﬁxed or minimum rate of interest or dividend on which is guaranteed by the Parliament of the United Kingdom or by the Government of the Republic of Zambia or any British Colony.

Section 4Verify source

Stocks, funds or securities authorised under the named UK Act are covered, but only subject to any restriction imposed by that Act.

6. Stocks, funds or securities authorised under the Colonial Stock Act, 1900, of the United Kingdom, or any Act extending the same, but subject to any restriction thereby imposed. [As amended by No. 18 of 1961 and S.I. No. 53 of 1965] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 4

Section 6Verify source

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Trustees for the Fund and gives it power to manage the Fund and deal with land for Act
Section 3

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