Income Tax (Special Provisions) Act, 1988
This section gives the Act’s short title and defines key terms used in the Act.
- Jurisdiction
- Zambia
- Instrument
- Act or statute
- Citation
- Act 16 of 1988
- Version
- 22 Apr 1988
- Language
- en
- Official source
- View official record ↗
Statute overview
About this statute
This section gives the Act’s short title and defines key terms used in the Act. The Zambia National Broadcasting Corporation is established as a body corporate with perpetual succession and a common seal. A Board of Directors must control the Corporation, the Minister appoints the Chairman and other directors, the directors elect a Vice-Chairman, and public officers may serve as directors, but no more than three may do so at once. A director serves a three-year term, may be reappointed, may stay on briefly until a successor is appointed, and must disclose specified interests to the Minister within seven days of appointment. The Corporation must provide broadcasting services in Zambia and may also provide other services; the Minister may issue directions to the Board, and the Board must follow them.
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Provisions of Income Tax (Special Provisions) Act, 1988
Showing 57 of 57
Part
PART I
- 1 Verify source ↗
This 'Act niay b'e cited as the Zaoibia National Broad
This section gives the Act’s short title and defines key terms used in the Act.
1. This 'Act niay b'e cited as the Zaoibia National Broad- casting Corporation AcJ, 1987. �- In this Act, unless the ·context otherwise requires- . " Board " weaiis the, Bo,¥,q of Directors of the Corporation e_stabHshed by sectipnfour; cc broadcaster ,, .m.eans-:-- (a) the Corporation; or (b) o. pt1rs<?l\ licen.se!l, to c�rry on a broadcasting servic� up.<;ier sectio.n_t_wenty-six; Short title Interpro tation "hi-oii.dcn.sting . Service,, means o. radiocommunication serv-ice for reception by members of the general public and the word ," •broadca.st " shall be construed ar.corq.ingly.; • ; . , . . , , . 76 No. 16 of 1987) Zambia N aJ.ional Broadcasting Corporation "Corporation " means the Zambia National Broad casting Corporation established by section three; " dealer " means-- (a) a person who carries on a trade, business or industry in which receivers are assembled, manufactured, imported, bought, sold, exchanged, or offered or expo::;ed fur sale or exchange; (b) a person who deals in motor vehicles which are fitted with receivers; or (c) an auctioneer of receivers; and cognato expres sions slrnll be construed by ref0renco, inter alia., to transactions or operations such as are carriccl 011 by pt1rsons referred to in paragraph (a.) of this dcfiuitiou; " diffusion service " means- (a) the dissemination by means of wires, otherwise than within the precinct.s of a single private residence, of the whole 01· any pa.rt of a broad casting service; or (b) the dissemination of music or speech by means of loudspeakers wirrui connecting two or more which- (i) are installed in a specific building or within the precincts of a specified building; or (ii) a.re permanently fixed, otherwise than within 1;1. single specified building, in a motor vehlcle, aircraf1,, ship or railway train, for purposes not ancillary or incidental to or connected with anv exhibition, performance, including a per formance by a circus, contest, game or sport, such as-- A. the running of any horse race; or B. the holding of any concert or the production of any play, opera, ballet, pageant or the like; or C. the showing of ci.nematograpb film; or D. the holding of any agricultural, horticultural, industrial or com mercial show or any dance, cabaret, garden party, fete, fair, gynikhima or the like; and" d.i.fl'uso "shall be construed accordingly: Zambia National Broadcasting Corporation [No. 16 of 1987 " director " means a member of the Board and includes the Chairman and the Vice-Chairman; " inspector " means an inspector of the Corporation appointed under s�ction thirty-two; ·" listener " means a person who has in his possession a receiver otherwise than as (a) a broadca,iter; or (b) a dealer; or (c) an operator of a diffusion service; or (d) a police officer or a member of the Defence Force acting in the co:urse of his duty; "' Posts and Teleqo:qi.munications Corporation " means the Posts and Trlecommunications Corporation esta- blished by section foul- of the Posts and Telecommu- Cap. 795 nications Act; .,, tadiocommunicatioy. __ service '' means the transmission of writing, signs, si�i,als, pictures and sounds of all descriptions whatsoever, wholly or partly by means of electromagnetic wav1s of frequences between ten kilohertz and three million megahertz; '" receiver " means an apparatus in respect of which no licence is re,1uired in terms of the Radiocommunications Cap. 796 Act, which is designed to be used for the reception of a broadcasting service; " specified building " means a building used for indu strial plll']_Joses or such other purposes as the Minister may, by statutory notice, specify. PART II ZAMBIA NATIONAL BROADCASTING CORPORATION
Part
PART II
- 3 Verify source ↗
There is hereby established the Zambia National Broad
The Zambia National Broadcasting Corporation is established as a body corporate with perpetual succession and a common seal.
3. There is hereby established the Zambia National Broad <iasting Corporation, which shall be a body corporate with perpetual succession and a common seal, capable of sueing and of being sued in its corporate name and with power, ;iubject to the provisions of this Act, to do all such acts and things as a body corporate may by law do or perform and .as are necessary for, or incidental to, the carrying out of its .functions and powers as set out in this Act. Establish ment of Corporation - 4 Verify source ↗
(1) There shall be a Board of Directors which shall
A Board of Directors must control the Corporation, the Minister appoints the Chairman and other directors, the directors elect a Vice-Chairman, and public officers may serve as directors, but no more than three may do so at once.
4. (1) There shall be a Board of Directors which shall. subject to the provisions of this Act, control the operation� ,of the Corporation. Boa.rd of Directors (2) The Board shall consist of- (a) a Chairman appointed by the Minister on such terms and conditions as the Minister thinks fit; and 78 No. 16 of 1987] Zamhia National Broadcasting Corporation (b) not less than six nor more than nine other directors appointed by the Mimster on such terms and condi tions including remuneration and allowances as. he thinks fit. . (3) The directors shall elect a Vice-Chairman from amongst themselves. (4) A public officer may be appointed a director but not more, than three public officers shall be directors at any one time. Tenure of office and vacancy - 5 Verify source ↗
(1) Subject to the provisions of this section, a director
A director serves a three-year term, may be reappointed, may stay on briefly until a successor is appointed, and must disclose specified interests to the Minister within seven days of appointment.
5. (1) Subject to the provisions of this section, a director shall hold office for a period of three years and may be re appointed at the expiry of his term. (2) On the e)fpiration of the period for which a director is. appointed, he shall continue to hold office until his successor has been appointed but in no case shall such further period. exceed three months. (3) Tho office of a director shall become vacant- (a} upon resignation in accordance "'.ith subsections (4} and (5); (b) if the Minis.ter is satisfied by reason of a director's- (i) failure to comply with the terms and conditions. of his office; or (ii) connection with a company or firm referred to- in section six; that it would be detrimental to the interests of tli, Corporation or otherwise inex:pedient for the direobor to continue to hold office; and tb.e provisions of this paragraph shall apply mutatis mutandis to the, . Chairman;. (c) if he is absent, without the permission of the Cb.airman, from three consecutive meetings of the Board of wb.icb. · he has liad notic� ; (d) ifheis adjudged bankrupt; or (e) if, subject to the provisi�ns of subsection (4) of section. four, at the date of this appointment he did not ho I<!, an office of emolument under the Republic, he is. thereafter appointed to an office of emolument under the Republic; (f) if he is adjudged or otherwise declared to be, of UI\ sound mind; (g) if he is sentenced to a term.of imprisonment exc eeding· six months, or if he is -convicted of any offence, involving dishonesty. Zambia National Broadcasting Corporation [No. 16 of 1987 79 ( 4) A director may resign from office upon giving not less than three months' notice in writing to the Minister and may be removed by the Minister at any time. r. Director to deolare conneotioo Funotiona of Corporation Powers of Corporation Committees ofBoM'd · 6. Within seven days of the date of his appointment as Chairman or director as the case may be, the Chairman or director shall submit to the Minister a statement in writing of any directorship, office, post, shareholiling or financial interest, ilirect or indirect, held or acquired by him or his spouse in a company or firm which carries on a radiocoinmuni cation sef".lce or operates a diffusion service or deals in receivers or manufactures, assembles, imports or sells apparatus or equipment for use in radiocommunication or diffusion services. - 7 Verify source ↗
(1) The functions of the Corporation shall be
The Corporation must provide broadcasting services in Zambia and may also provide other services; the Minister may issue directions to the Board, and the Board must follow them.
7. (1) The functions of the Corporation shall be- ( a) to carry on broadcasting services for the information, education and entertainment of listeners in Zambia; and (b) subject to the directions of the ·Minister, to carry on broadcasting services for such purposes as the Minister may specify for reception by listeners outside Zambia; and ( c) to carry on or opero.te: (i) such other services including iliffusion services; and (ii)' such undertakings which, in the opinion of the Board, are incidental or conducive to the in this exercise of the functions specified section; as the Board may consider expedient. (2) The Minister may .give to the Board such general or specific directions with respect to the carrying out of the functions of the Corporation under this Act as he may consider necessary and the Board shall give effect to such directions. - 8 Verify source ↗
The Corporation shall have power, subject to .the pr�
The Corporation has power to do Schedule items, and the Board may manage committees, meetings, quorum, and minutes.
8. The Corporation shall have power, subject to .the pr� visions of this Act, to do all or any of the matters and things specified in the Schedule . . 9. (1) The Board may, for tlie purpose of performing the Corporation's functions under this Act, establish committees and may delegate to any such committee such of its functions as it thinks fit. (2) The Board may appoint as members of a committee established under subsection (1) persons who are or are not members of the Board and such persons shall serve for such period as the Board may determine. (3) Subject to any specific or general directions of the Board any committee established under subsection (l) ipay regulate its own procedure, 80 No. 16 of 1987] Zambia National · Broadcasting Oorpr>ration Proceedings of Board 10, (1) Subject to the provisions of this section, the Board may regulate its own procedure. (2) The Board shall hold its first meeting on such date and at such place and time as the Minister may determine; and thereafter the Board shall meet for the transaction of business at such places and at such times as the Board may determine. (3) The Chairman of the Board may at any timo and shall, at the request of three directors, convene a special meeting of the Board. , (4) A notice convening a special meeting of the Board shall state the purposes for which the meeting is to be convened. (5) Where the Chairman of the Board is prevented by illness, absence from Zambia or other cause from exercising his functions on the Board, the Vice-Chairman shall exercise the powers and fulfil the duties and functions of the Chairman. (6) Where the Chairman and the Vice-Chairman are absent from any meeting of the Board there shall preside at that meeting such director as tho directors present may elect for the purpose of that meeting. (7) The quorum at a meeting of the Board shall be one-half of the total number of directors. (8) All acts, matters or things authorised or required to be done by the Boa.rd may be decided by resolution of a meeting at which a quorum is.present. (9) The Boa.rd shall ca.use minutes to be kept of the pro ceedings of every meeting of the Boa.rd and of every meeting of any committee established by the Boa.rd. - 11 Verify source ↗
If it is not practicable to hold a meeting of the Board for
If a Board meeting for urgent business is impracticable, the Chairman must handle the business personally, consult the Minister and practicable directors, and then consult the Board for ratification within 7 days.
11. If it is not practicable to hold a meeting of the Board for the transaetion of business of an urgent nature, t4e Chairman shall, after consulting the Minister and such other directors as is practicable in the circumstances, deal with the business himself and not later than sPven days thereafter consult the Board for ratification. 12. No decision or act of the Board or act done under the authority of the Board shall be invalid by reason only of the fact that there is a vacancy in the membership of tho Board or that a disqualified person acted as a director, at the time the decision was taken or the act was done or autho rised. Tmnsaotion of business of an urgent nature Validity of Board's deoisione Contraots •nd lnatruments - 13 Verify source ↗
Any agreement, contra.ct or instrument may be entered
The Board may authorize people to sign or make agreements, contracts, or other instruments for the Corporation.
13. Any agreement, contra.ct or instrument may be entered into or executed on behalf of the Corporation by any person or persons generally or specially authorised by the Board for that purpose. Zambia National Broa,Jcasting Corporation [No. 16 of 1987 81 - 14 Verify source ↗
(I) The seal of the Board shall b e such device as may
The Board controls its seal, the Director-General keeps it, and certain Board officers may authenticate seal use or execute some documents without the seal.
14. (I) The seal of the Board shall b e such device as may be determined by the Board and shall be kept by the Director Gcneml. Seal of Board (2) The Board may use a wafer or rubber stamp in lieu of the seal. (3) The affixing of the seal shall be authenticated by the Chairman or the Vice-Chairman and the Director-General or one other person authorised in that behalf by a resolution of the Board. (4) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required' to be under seal, may be entered into or executed without seal on behalf of the Board by the Director-General or any other person generally or specifically authorised by the Board in that behalf. (5) Any document pttrporting to be a document under the seal of the Board or issued on behalf of the Board shall be received in evidence and shall be deemed so executed or issued, as the case may be, without further proof, unless the contrary is proved. - 15 Verify source ↗
(I) If any person is present at a meeting of the Board
A Board meeting participant with a personal or spousal interest in the matter must disclose it promptly and must not take part in discussion or voting unless the Board directs otherwise.
15. (I) If any person is present at a meeting of the Board at which ,my matter in which such person or his spouse is directly or indirectly interested in a private capacity is the subject of consideration he shall, as soon as practicable after the commencement of the meeting, disclose such interest and shall not, unless the Board otherwise directs, take part in any con�ideration or discussion of, or vote On1 any question touching such matter. (2) A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which it is made. Disclosure of interest 16. No action or other proceedings shall lie or be instituted against any Board member for or in respect of any act or thing done or omitted to be done in good faith in the exercise or purported exercise of his functions under this Act. Imm.unity of members - 17 Verify source ↗
(I) For the better exercise of the functions of the
The Board must appoint a Director-General, and it cannot appoint or end the Director-General’s service without the Minister’s approval. The Board may also appoint other staff it considers necessary.
17. (I) For the better exercise of the functions of the Corporntion contained in section seven, the Board shall- (a) subject to the provisions of p.iragraph (b), and on such terms and conditions as it may determine, appoint a Director-General of the Corporation who, subject -to the control of the Board, shall be respo nsible for the management of the business of the Corporation ; and (b) not appoint or terminate the services of the Director • General without the approval of the llfinister. Appoint ment of Director General and other staff 82 No. 1.6 of 1987] Zamhia National Broadcasting Corporation (2) The Board may appoint, on such terms and conditions as.it _may determiµe, such other staff as it considers necessary for)he performance of its functions under this Act. PART ill FINANCIAL PROVISIONS Establish ment a.nd operation of general fund Establish� ment and operation of general reserve account Charges to revenue account of Corporation nnd investment of monies in sinking funds
Part
PART ill
- 18 Verify source ↗
The Corporation shall establish a general fund
The Corporation must establish a general fund and use it for monies received and payments made by the Corporation.
18. The Corporation shall establish a general fund- (a) into which all monies received by the Corporation shall be paid in the first instance; and (b) out of which all payments made by the Corporation shall be paid. - 19 Verify source ↗
(1) The Corporation may establish a general reserve
The Corporation may set up a general reserve account and use money in it, but only with Board approval for the amounts and Minister approval for the use.
19. (1) The Corporation may establish a general reserve account to which may be appropriated from any surplus of revenue over expenditure such sums as the Board may approve. (2) Sums appropriated to the general reserve account in terms of subsection (1) may, -with the approval of the M;nister, be used for such purposes as the Corporation may consider expedlent for the proper exercise of its functions and the development of its services and undertakings. - 20 Verify source ↗
(1) The Corporation shall charge to its revenue account
The Corporation must charge proper business charges to its revenue account and make adequate annual provision for loan costs, asset depreciation, and loan redemption; money in sinking funds is to be vested as the Board thinks fit in consultation with the Minister.
20. (1) The Corporation shall charge to its revenue account all charges which in the normal conduct of a business are regarded as proper to be made to a revenue account and in so doing shall make adequate annual provision, whether by sinking fund or other proper means, for- (a) interest and all other charges and expenses incurred in connection with loans; (b) the depreciation or diminution in value of assets; and (c) the redemption of loans at due times to the extent that the annual provision exceeds the amount to be provided under paragraph (b). (2) Money in sinking funds established in terms of sub section ( 1) shall be vested in such manner as the Board acting in consultation with the Minister may think fit. Funds of Corpoi'ation - 21 Verify source ↗
The funds of the Corporation shall consist of such
The Corporation’s funds consist of money payable under the Act, money appropriated by Parliament for the Corporation, grants or donations, and money that vests in or accrues to the Corporation.
21. The funds of the Corporation shall consist of such moneys as may- (a) be payable to the Corporation in terms of this Act; (b) be appropriated by Parliament _for the purposes of the Corporation; (c) be paid to the Corporation by way of grants or don ations; and Zambia National BroadcMting Corporation [No; 16 of .. 1«:!87 83 (d) vest in or aooure to the Corporation. - 22 Verify source ↗
The Corporation shall cause to be kept proper
The Corporation must keep proper books of account and other records relating to its accounts.
22. The Corporation shall cause to be kept proper -of account o.nd other records relating to its acc�unts. ., - 23 Verify source ↗
(1) For the purpose of o.uditing its accounts, the Board
The Board must appoint registered public accountants as auditors, the Corporation must provide them with its books and records, and the auditors may require information from directors and employees.
23 .. (1) For the purpose of o.uditing its accounts, the Board ,shall appoint Auditors from amongst persons who, or organ isations whlch, are registered as public accountants to examine the accounts of the Corporation not less than once io each nno.ncio.l yeo.r. ,books Accounts Appointment or auditors (2) The Corporation shall produce a,nd lay before the .auditors a.II books and accounts of the Corporation, with all Youchers in support thereof and all books, papers a,nd writings :in its possession or control relating thereto. (3) The auditors shall be entitled to require from all directors and all employees of the Corporation such information and ,explanations as may be necessary for the performance . of their duties as auditors. ( 4) All expenses in connection with or incidental to an audit · ,shall be borne and,paid by the Corporation. - 24 Verify source ↗
(I) As soon as practical]le, but not la.ter than six months Annual
The Corporation must give the Minister an annual report within six months after the financial year, with specified financial information attached. The Minister must then table the report in the National Assembly within seven days after the next first sitting following receipt.
24. (I) As soon as practical]le, but not la.ter than six months Annual .after such financial year, the Corporation shall submit to the report .Minister o. report concerning its activities during.such financial :year. (2) The report r eferred. to in subsection (I) sha.ll include information on the financial affa,irs of the Corporation and · there shall be appended thereto- ' (a) a be.la.nee sheet; (b) an audited statement of revenue and expenditure; and (c) such other information a.s the Minister·may·require. , (3) The Minister shall, not later than seven da.ys after the -first sittiog of the Na.tiona.l Assembly next a.fter the' receipt of the report referred to in subsection (I), lay it before the :National .Assembly. PART IV LIOENOES
Part
PART IV
- 25 Verify source ↗
(I) Subject to the provisions of this Act, no person
Most people may not operate a broadcasting service in Zambia unless they do so under a licence from the Minister and pay any prescribed fees; broadcasters must also follow specified conventions and regulations.
25 . (I) Subject to the provisions of this Act, no person -other than the Corporation shall operate a brae.doe.sting servi\)8 in Zambia otherwise than i n accordo.noe with the terms and -00:nditions of a licence issued. by the Minister and on payment . -of such fees as the Minister, after consultation with the Board, .ma,y prescr!be. · L!omising of broadoastere 84 No. 16 or t 987] za;n,bia National Broailcasting Oorporation Licensing of-oP,erator of diffueion service (2) In fixing the terms and conditions of a licence to operate ,. broadcasting service in Zambia the Minister may have regard to the provisions of any agreement between the applicant, for the licence and the Corporation. (3) A broadcaster shall comply with the provisions of any convention and any regulations annexed thereto which may be, specified from time to time by the Minister by statutory order .. - 26 Verify source ↗
(I) Subject to the provisions of this Act no person,
Most persons may not operate a diffusion service in Zambia unless they comply with a Minister-issued licence and the prescribed fees; the Minister can exempt operators by statutory notice.
26. (I) Subject to the provisions of this Act no person,. other than the Corporation or a. person exempted under sub-· section (3) shall operate a diffusion service in Zambia otherwise• than in accordance with the terms and conditions of a licence· issued by the Minister and on payment of such fees as the Minister, after consultation with the Board may prescribe. (2) In fixing the terms and conditions of a licence to operate· a. diffusion service in Zambia the Minister may have regard. to the provisions of a.ny agreement between the applicant for the licence a.nd the Corporation. � (3) The Minister may by statutory notice exempt any· opera.tor or a class of operators of a diffusion service from. compliance with the provisions of subsection (I). Power to prohibit broadcast of certain matter - 27 Verify source ↗
If the Minister is of the opinion that a broadcast is
The Minister may ban a broadcast if it is considered defamatory, blasphemous, obscene, or seditious, and the Corporation must obey the notice.
27. If the Minister is of the opinion that a broadcast is. defamatory, blasphemous, obscene or seditious he may, by notice in writing delivered at the principal office of the Corporation, prohibit the Corporation from making such. broadcast and the Corporation shall comply with any such.: notice. Powers of President in times of emergenoy. Cap. I - 28 Verify source ↗
(I) Where there is in force a proclamation of a state
The President may order the takeover and control of broadcasting services during a state of public emergency, and affected owners, controllers, and workers must comply.
28. (I) Where there is in force a proclamation of a state of public emergency or threatened public emergency under· Article 30 (I) of the Constitution the President may make an. order authorising an officer or a.n authority to- (a) take over a.II broadcasting stations or a.riy particular . broadcasting station in Z1>mbia; and (b) control a.nd direct all broadcasting services from the, broadcasting stations or broadcasting station to which.: the provisions of paragraph (a) relate for so long!as, the President considers it expedient ; and in so doing m1>y require the exclusive services of the persons. employed in working, maintaining or carrying on the so.me. (2) When an officer or an authqrity is authorised to take· over a broadcasting station in terms of subsect/on {I), the, person owning or controlling the broadcasting statiqn shliH. give up possession to the President or the officer or authority, · and the persons employed i n working or maintaining- the- . Zambia N a_tional Bri>a4casting Oor:poration ° [No, 16 of 1987 85 broadcasting station or in carrying on ·bmadcasting service from the broadcasting station shall, if the President in terms of that subsection requires their exclusive services, diligently and faithfully obey, during the period the broadcasting station is in possession of the officer or authority, all such orders and other directions as the officer or authority may give in con nection with the working or maintenance of the broadcasting station or the carrying on of broadcasting services from the broadcasting station. (3) Reasonable compensation shall be paid from monies appropriated for the purpose by Parliament to a person who suffers loss or damage through the exercise of the powers conferred by this section in such amount as may be agreed between the person and the Minister. (4) If a dispute arises as to the amount of compensation payable in terms of subsection (3), the Minister or any person claiming. to be entitled to compensation may refer such dispute to the National Assembly which shall by resolution determine the amount of compensation to be paid. (5) In determining the amount of any compensation (in cluding costs or expenses) payable under this section, the National Assembly, the. Court and every other person shall have due regard to the fact that the take-over has been neces sitated by a state of public emergency. (6) The provisions of this section shall, mutatis mutandis, apply in relation to diffusion services, the premises, apparatus, equipment and wires required. in connection therewith and the persons employed in working, maintaining ,or operating the same. Inspeotora� unit 29, (I) In order to ensure compliance with the provisions of this Act, the Corporation may establish an inspectorate unit and may appoint such inspectors as may be necessary for the performance of its functions. (2) Every inspector shall be provided with a certificate of appointment which shall be :prima facie evidence of the in spectors appoitment as such. (3) Any inspector carrying out any function under this Act shall, on demand by any person affected thereby, produce for inspection the certificate referred to in subsection (2). - 30 Verify source ↗
In the performance of his duties, an inspector shall
An inspector may enter and inspect premises where a dealer carries on business if authorised in writing by a magistrate.
30. In the performance of his duties, an inspector shall have power- Powers or lnapectom '(a) if authorised in writing by a magistrate to enter at and inspect any premises� (i) on which a dealer carries on business; or - 8 Verify source ↗
6 No, 16 of 1987J
The text refers to inspection of a dealer’s books, records, returns, reports, and other required documents, in connection with a suspected offence under the Act.
8.6 No, 16 of 1987J Zambia National BroadcasUng_ Corporation (ii) on which he has reasonable cause to believe an offence against this Act has been committed ; (b) to inspect all boojrs, records, retums, reports and other documents required to be kept by a dealer under the provisions of this Act. Cancellation -or refusal of 'broadcasting ,smd diffm3ion Ucenoea - 31 Verify source ↗
( 1 ) The Mhiister may at any time cancel or refuse to
The Minister may cancel, refuse to issue, or refuse to renew certain licences if satisfied after due inquiry that it is in the public interest.
31. ( 1 ) The Mhiister may at any time cancel or refuse to issue a licence or to renew a licence issued to a broadcaster or operator of a diffusion service in terms of this Act, if he is satisfied, after due inquiry, that the cancellation or the refusal to issue or renew the licence is justified in the public interest. (2) Withou't prejudice to the generality of subsection (1) the Minister may cancel or refuse to renew a licence if he is satisfied that the broadcasting statfon or the receiver or the apparatus or equipment used in connection with the' broad casting service or, as the case may be, the diffusion service- (aj prevents tl\e erection or installation of plant, post apparatus or equipment of the Posts and Tele communicatjons Corporation ; or (b) injures or interferes with the working of a radio station or the carrying on of radiocommunication. telephone or telegraph services established by the Posts and Telecommunications Corporation either before or after the date of the issue of the licence; or (c) is likely to injure or interfere with apparatus, equip ment, circuits, instruments, wires and the like in stalled, erected or operated by the Post and Tele co=unication Corporation either before or after the date of the issue of the licence. (3) The Minister shall not be liable to refund to a broadcaster or operator of a diffusion service whose licence is cancelled in terms of this section the fee or any portion of the fee paid on the issue of the licence. Restriction on use of name of Corporation 32, No person shall, after the commencement of this Act, assume for the purposes of business or be registered under the Companies Act, under- Cap. 686 (a) the name " Zambia National Broadcasting Corpor ation " (b) a name which includes with the word " broadcast " or " broadcasting .,, or " diffusion " or " rediffusion " the word " National ", " Zambia ", " Zambian ", " state " or " Corporation ". Regulatory powers of Minister - 33 Verify source ↗
(1) The Minister may by statutory instrument prescribe
The Minister may make statutory instruments or regulations to prescribe matters needed to carry out the Act, including dealer registration, licences, records, returns, and related fees.
33. (1) The Minister may by statutory instrument prescribe all- matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be pre scribed for carrying <,mt the provisions of this Act. Zambia ;Nalional Broadcasting Oorporalion (�o. 16 of 1987. 87· (2) Without prejudice . to the generality of .subsection (1), the Minister may by regulation provide for- (a) the registration of dealers with the Corporation and the information to be supplied to the Corporation in connection with applications for registration; (b) the keeping of books, records and documents, the furnishing of returns and the supply of information to the Corporation relating to dealings in receivers; (c) the form and manner in which applications for licences are to be made and the information to be supplied in connection therewith ; (d) the circumstances in which and the terms and con ditions subject to which licences shall be issued; (e) the form of licences, the terms and conditions to be contained in licences and the periods for which licences shall remain 'in force; (i) receivers ; or (ii) apparatus for carrying on diffusion services; which are used by such persons or classes of institutions as the Minister may on the recommendation of the Board specify; (f) the circumstances ih which and the conditioi1s including· the payment of a fee subject t-0 which copies of, · licences may be obtained. - 34 Verify source ↗
(1) A person who
A person commits an offence if they fail to register when required, do not provide required returns or information, give false information, obstruct an inspector, or breach licence or related requirements.
34. (1) A person who- {a) fails or refuses to. register as a dealer with the Cor poration when required to· do so under this Act; or Offences and penalties . . {b) fails or refuses to furnish.a return or to supply infor mation to the corporation in the manner and in the time prescribed; {c) furnishes, a false or incomplete return or incomplete information to the Corpoiation; or (d) on being required to do so, failswr refuses to produce to an inspector a licence issued under this ·Act, or a book. record or document relating to receivers which is in his possession or under his control; or {e) wilfully delays or obstructs an inspector of the Cor poration in the exercise of the powers conferred upon him by or under this Act; or (f) fails or refuses, without reasonable cause, to give information to an inspector of the Corporation in the exercise of the po_wers conferred upon him by or under this .Aot; or 88 No. 16 of 1987] Zambia National Broa<Zcasting Corporation (!) fails or refuses, without reasonable cause, to do any thing when required to do so by an inspector in terms of section thirty ; or (g) fails to comply with the terms and conditions of a licence issued to him in terms of this Act ; or ,h) for the pw·pose of obtainiJ1g, whether for hi mself or another person, t,he issue of a licence hi terms of this Act. makes a <leclara.tion or statement which he knows to be fabe in any matcda.l particular or docs not know or believe• to be true, or kno";ngly makes use of a declaration or statement or document con taining tho same ; or (i) conLra.venes or fails to comply with the prodk!ions of subsection ()) or (3) of section twenty-five subsection ( 1 ) of section twenty-six subsection (2) of seC'lion twenty-tight, or a prnvision of reguliitions, orders or notices made or is.�uecl under this Act or ru1 order or direction made or given under the proYisions of this Act or of reguliitiom;, orders or notices made or issued under this Act : shall be guilty of an offence and lhLble; (i) for a contravention of subsertion ( 1 ) of section twenty five or subsection (2) of section twe11ty-eight- A. on fast conviction, to a fine of twenty thousand kwacha or to imprisonment for :{ term not exceeding two years, or to both sueh fine and imprisonment; B. on the second or a subseque11t conviction to a fine not exceeding fift,y thoufland kwacha or t o imprisonment for a term not, exceeding five years, or lo boLh such fine and imprisonmrnt ; (ii) for an offence not referred Lo in sub-paragraph (i)- A. On fu·st conviction, to a fine not exceeding l.w"° hundred kwac·ha or to imprisonment, for n period not exceeding one mouth, or to hol.h such fine and impr�onment ; B. on th<' second or a sub8equcnt, conviction, to a fine not exceeding flvc hundred kwacha oi- lo imprisonment for a period not exccccling three months, or to both such fmc iU1d imprisonmeJ1t. (2)!A court convicting a por,;on of an offcncr of muking a declaration or stat.ement such as is referred io in paragraph (b) of subsection ( 1 ) or making use of such a <ledarat,ion or statement or document, conLaining the same may, on th<' application of the pro8ecutor a,nd in addition to any penalty in favour which it may impose, give summary jurlgmcnt Zambia National Broadcasting Corporation [No. 16 of 191}7 of the Corporation for the amount of the appropriate licence fee or, as the case may be, an amount equal to the difference between the fee actually paid by the person and the appro priate licence fee. (3) On the hearing of an application referred to in subsection (2) a court shall, for the purpose of determining the amount of the appropriate licence fee and, in the case of a prosecution for an offence referred to in paragraph (b) of that subsection, the accused's liability to pay the same, refer to the proceedings .and evidence of the trial and consider such further evidence, whether oral or documentary, as may be tendered by the prosecutor and the accused. (4) A judgment given by a court in terms of subsection (2) ,ihall have the same force and effect and may be executed in the same manner as if the judgment had been given in a civil action instituted in such court. - 35 Verify source ↗
The Minister may by civil action in a competent court
The Minister may bring a civil action in a competent court to recover a licence fee amount payable under the cited section(s).
35. The Minister may by civil action in a competent court recover the amount of a licence fee payable in terms of section .twenty-five or twenty-•ix. Recovery of licence foes - 36 Verify source ↗
Nothing in this Act shall be construed as exempting
This section says certain broadcasting-related people are not exempt from complying with the Radiocommunications Act and related regulations.
36. Nothing in this Act shall be construed as exempting .a broadcaster, operator of a diffusion service, dealer, listener or other person from compliance with the provisions of the Radiocommunications Act, or of the subsidiary legislation made thereunder, which relate to- Act not to affect Radio Communion. tions Act� Cap. 796 (a) the establishment of radio transmitting stations and the erection of radio apparatus at sites approved by the Posts and Telecommunications Corporation; (b) the allocation of frequencies by the Posts and Tele communications Corporation; (o) the approval by the Posts and Telecommunications Corporation of- (i) the mode of transmission to be used in connect ion with radio transmitting stations and the power to be radiated therefrom; (ii) the classes, types and standards of radio receiving stations and radio and other a ppa ratus to be used in connection with diffusion s�rvices; and (iii) the classes, types and standards of radio stations, radio apparo.tus, apparatus used for operating diffusion services; (cl) the prevention ofho.rmful interference; 90 No. 16 of-1987] · Zambia Natianal Broadcasting Oorporation Contraots entered into prior to the commence ment of this Aot (e) . (f) the making of distress calls, messages and signals; the. manner of carrying on radiocommunication serv\ces governed by the provisions of a Convention; and (g) the inspection and testing of radio stations, radio apparatus, used for opera.ting diffusion services and premises used in connection therewith. - 37 Verify source ↗
(1) Where, before the commencement of this Act, any
Some broadcasting employees who previously worked under government contracts are treated as employed by the Board unless they give written notice within three months that they do not want to transfer.
37. (1) Where, before the commencement of this Act, any contract of employment relating to broadcasting in the country was entered into by or on beha.1£ of the Government of the Republic of Zambia and any person, such person shall, from the commencement of this Act, be deemed to ha.ve been employed by the Board in pursuance of the provisions of section seventeen of this Act a.nd the said contract shall be enforceable in every respect as though it had ;_been entered into by the Board and such person. (2) A person to whom subsection (I) applies shall be deemed to have been employed by the BoarJ unless within three months from the commencement of t-his Act he gives notice in writing to the Government with 11 copy to the Corporation sta.ting his intention not to transfer from the services of the Gove=ent to the Corporation. SCHED=E (Section 8) POWERS OF CoJU>ORAnoN I. To acquire, establish and coDBtruct broadco.sting stations, studios, offices and other premises necessary or convenient for the purposes of the undertakings of the Corporotion, and for this purpose, to buy, take on leBSe or in exohange hire or otherwise acquire immovable property" within Zambia and interests therein and rights over the same and concessions, grants, ri�ts, powers and privilegos,in rospoot thereof, and to act in that oonnootion either abSolutely or conditionally and either solely or jointly �vith others. - 2 Verify source ↗
To buy, take in exchange, hire or otherwise acquire vehicles, machinery,
The Corporation may buy, exchange, hire, or otherwise acquire movable property it needs or finds convenient for its functions or undertaking.
2. To buy, take in exchange, hire or otherwise acquire vehicles, machinery, plant, appatatus and other movable property necessary or convenient for tho exercise of the functions of the Corporation, or for the purposes of the µndertaking!;l of the Corporation, and to act in that connection either abso lutely or conditionally and either solely or jointly with others. - 3 Verify source ↗
To maintain, alter and improve property acquired by the Corporation
The Corporation may maintain, alter, and improve property it has acquired.
3. To maintain, alter and improve property acquired by the Corporation. - 4 Verify source ↗
To apply for, buy or otherwise acquire-
The Board may acquire certain copyrights, rights, patents, licences, concessions, information, or processes, and may use or license them if they appear useful or beneficial to the Corporation.
4. To apply for, buy or otherwise acquire- (a) copyrights001dperformingrights; and (b) patents, licences, concessions or the like: conferring an exclusive or non-exclusive or limited right to use information or a process which mo.y seem to the Board capable of being used for the pur poses of the Corporation or tho acquisition of which may seem to the Board calculated, directly Or indirectly, to benefit the CQrporation, and to use; exercise, develop o.nd grant licences in respect of or otherwise turn to account rights, information and prooossos so acquired. - 5 Verify source ↗
To establish orchestras, bands and choirs, engage artists RD.d·performers
This provision concerns establishing orchestras, bands and choirs, engaging artists and performers, and organising, providing or subsidising public concerts, lectures and other performances or entertainment.
5. To establish orchestras, bands and choirs, engage artists RD.d·performers and organise, provide or subsidise public conoerte,. leoturee RD.d other per- formances or entertainment. Zambia N atirmal Broadcasting Corporation [No. 16 of 1987 91 - 6 Verify source ↗
To cause descriptions of or oommentariCs on current events to be broad�
This section concerns causing descriptions or commentaries on current events to be broadcast or diffused away from where the events are happening.
6. To cause descriptions of or oommentariCs on current events to be broad� cast or diffused from the locality where they are faking place. - 7 Verify source ↗
To broadcast or difTURe roJigious services and acldressoR
Section 7 refers to broadcasting or diffusing religious services and addresses.
7. To broadcast or difTURe roJigious services and acldressoR. - 8 Verify source ↗
To oolleot and collate news from any source and enter into agreements
The provision says news may be collected and collated from any source, and agreements may be entered into to supply news to the Corporation for broadcasting or diffusing it.
8. To oolleot and collate news from any source and enter into agreements foi- the supply to the Corporation of newi=i for the purpose of broadcasting. or diffusing the same. - 9 Verify source ↗
'.ro obtain from or grant. to a governm_ent opera.tor of' a diffusion service,
This provision appears to prohibit a person from obtaining from or granting to a government operator, or other person, rights or concessions connected with broadcasting or diffusion.
9. '.ro obtain from or grant. to a governm_ent opera.tor of' a diffusion service, or other person whatsoever, whether within or outside Zambia and gratuit ously o.r otherwise, rights or conces�ions in oonnol!tion with the broadcasting or diffusion by the Corporation or programme broo.dcast or diffused by the Corporation or, as the case mo.y be, the government, broadcaster, opera.tor orotherperson. - 10 Verify source ↗
To compile, print, publish and distribute, with or without charge,
This provision concerns compiling, printing, publishing, and distributing certain publications, including without charge.
10. To compile, print, publish and distribute, with or without charge,. publicatiom1 relating wholly or partly to the brol\dcasting or diffusion services of the Corporation or to the undertakings of the Corporation. - 11 Verify source ↗
To enter, with tho o.pproval of the Minister, into sgreements with
A person may enter into agreements with other persons for the operation of diffusion services, but only with the Minister’s approval.
11. To enter, with tho o.pproval of the Minister, into sgreements with. persons in connection with the operation of diffu<�ion services. - 12 Verify source ↗
To can-y on or operate, with the approval of the Minister, broad
Broadcasting and diffusion services may be carried on or operated with the Minister’s approval.
12. To can-y on or operate, with the approval of the Minister, broad casting and diffusion services in conjunction or association with other persons� - 13 Verify source ↗
To broadcast or diffuse advertisements for periods w},ich do not
Advertisements in a broadcast service are limited to 15% of daily broadcast time and 10 minutes per hour, unless the Board approves longer time limits.
13. To broadcast or diffuse advertisements for periods w},ich do not-- (a) in the aggregate amount to more than fifteen per centum or the time each day during which the !'lervice in which the advertisements. are included is broodca_st or diffused ; ancl (b) in ea.ch hour during which tho service in which the advertisements. are included is broadcast or diffmied amount to more than ten minutes; or for such longer period or, as tho oaso may be, periods the Board, with the approval of the :Minister, may, by varying one or other or both of the time limits specified in this pare.graph, determine. - 14 Verify source ↗
To sell, exchange, lease, mortgage, dispose of, turn to account or
The Board may deal with the Corporation’s movable assets, and may deal with immovable assets only with the Minister’s approval and if they are not needed for the Corporation’s purposes.
14. To sell, exchange, lease, mortgage, dispose of, turn to account or otherwise deal with o.ny movable o.ssets of tho Corporation or any part thoreoi and, with tho approval of the Mini.."lter, any immovable BSSets of the Corporation or cmy part thereof, wbioh o.re not required for tho purposes of the Corporation. for such consideration a.s tho Boord moy determine. - 15 Verify source ↗
To draw, make, accept, endorse, discount, execute and isAue pro
This section concerns the drawing, making, accepting, endorsing, discounting, executing, and issuing of promissory notes, bills of exchange, bills of lading, and other transferable instruments.
15. To draw, make, accept, endorse, discount, execute and isAue pro missory notes, bills of exchange, bills of lnding nnd other negotiable and transferable instruments. - 16 Verify source ↗
To insure against losses, damages, risks and liabilities which the
The Corporation may insure against losses, damages, risks, and liabilities it may incur.
16. To insure against losses, damages, risks and liabilities which the Corporation may incur. - 17 Verify source ↗
To make controots and to enter into suretyships or give guarantees,
The Corporation may make contracts, enter into suretyships or guarantees, and modify or rescind them.
17. To make controots and to enter into suretyships or give guarantees, in connection with the exercise of the functions of the Corporation or the undertakings of the Corporation and to modify or rescind such contracts. and to modify or rescind such suretyship9 or guarantees. - 18 Verify source ↗
To inve9t monies of the Corporation not immediately required by
The Board may invest Corporation monies that are not immediately required, but only with the Minister’s approval, and it may later vary or realise those investments.
18. To inve9t monies of the Corporation not immediately required by the Corporation in such manner as the Board may, with the opproval of" the Minister, determine and to vary or realise investments so made. - 19 Verify source ↗
'l'o raise monies, temporarily or otherwise, by way of loans or by
This section allows money to be raised, temporarily or otherwise, by loans or bank overdraft for purposes approved by the Minister.
19. 'l'o raise monies, temporarily or otherwise, by way of loans or by bank overdraft for such purposes ns tho Minister may approve� - 20 Verify source ↗
To pay a person in the employment of tho Corporation such remu
The Corporation may pay employees remuneration and allowances, grant leave under their service terms, and give gifts or bonuses with the Minister’s approval.
20. To pay a person in the employment of tho Corporation such remu neration and e.llowances as may be fixed in terms of subsection (3) of section Seventeen and to grant a person in the employment of the Corporation such periods of leave as are stipulated or in respect of which provision is made in his tonns and conditions of service and, ,vith the approval of the Minister, to make gifts, bonuses and tho like to a person jn tho employment of tho Corpora.tion, - 21 Verify source ↗
To provide pecuniary benefits for persons in the employment of the
The Corporation may provide employee benefits for retirement, death, termination of service, sickness, injury, or dependants.
21. To provide pecuniary benefits for persons in the employment of the Corporation on their retirement, death or termination of service or in th& e\•(mt of their siolmoss or injury or for their dependants, n.nd for this purpose to oiT�ot polioios, of insurance, establish pension or provident fonds or moko 92 No. 16 of 1987] Zambia National Broadcasting Corporation ,suoh othor provision BS may be neoos.sory to secure for persons in the employ ment of the Corporation any or a.U of the pecuniary benefits to which the :Provisions of this paragraph relate. - 22 Verify source ↗
To purohnse, leaso or otherwise acquire dwelling houses for oooupo.tion
This provision is about acquiring dwelling houses for occupation or for leasing to persons employed by the Corporation.
22. To purohnse, leaso or otherwise acquire dwelling houses for oooupo.tion ,by or lense to persons in the omploymont of the Corporation. - 23 Verify source ↗
To construct dwelling houses for occupation by or lease to porsons
This provision is about building dwelling houses for people employed by the Corporation and acquiring land for that purpose.
23. To construct dwelling houses for occupation by or lease to porsons ·in tho employment of the Corporation on land vested in the Corporation .and to purchase, lease or otherwise acquire land for the.t purpose. - 24 Verify source ↗
To lend money to persons in the employment of the Corporation
The Corporation may lend money to employees who must travel in the course of their duties so they can buy vehicles.
24. To lend money to persons in the employment of the Corporation ,vho are required to travel in tho course of their duties, for tho purpose of purchasing vehicles. - 25 Verify source ↗
To ant.er with the approval of the Minister, into agreements wit,h
Agreements connected with collecting licence fees may be made with the Minister’s approval.
25. To ant.er with the approval of the Minister, into agreements wit,h persons, associat.fons and companies in connection with the collection of licence fees. - 26 Verify source ↗
To produce, mWlufacture, purchase or otherwise acquire gramophone
The section refers to producing, manufacturing, purchasing, or otherwise acquiring gramophone records, tapes, materials, and apparatus for use in broadcasting services.
26. To produce, mWlufacture, purchase or otherwise acquire gramophone .and other meohcmioal records, tapes, ma.terials and apparatus for use in ,connection with broadcasting services. - 27 Verify source ↗
To provide faoilities for training and advancing of the skills of persons
Provide facilities for training and improving the skills of persons in its employment.
27. To provide faoilities for training and advancing of the skills of persons :in its employment. - 28 Verify source ↗
Generally to do all such things as are incidental or oonduoivo to
The Corporation may do things that are incidental or conducive to carrying out its functions and powers, and to improving or developing its services, undertakings, property, or rights.
28. Generally to do all such things as are incidental or oonduoivo to 'the exercise of the functions of tho Corporation or aro incidental to the powers <Speoifled in thi:J Scheclulo or which tl.re oa.loula.tod, directly to enhance the value of or render profitable or develop the services, undertakings, property or rights of the Corporation.
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Income Tax (Special Provisions) Act, 1988
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