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Food Reserve Act, 1995

The Food Reserve Agency is established as a body corporate and may do the acts a body corporate may lawfully do, subject to the Act. The Agency must carry out the functions needed to administer th…

administrationagencyagency administrationagency fundingagricultural commoditiesannual auditasset transferboard compositioncommitteescommodity dealingcommodity designationcommodity gradingcommodity handlingcommodity marketingcommodity processingcommodity purchasecommodity purchasingcommodity salescommodity storagecommodity tradecommodity tradingcomplianceconduct standardsconflicts of interestcorporate recordsdelegationdisclosureemergency powersemergency responseemergency supplyexecution of documentsfee exemptionfeesfinancial recordsfinancial reportingfinancial yearfood reservefood reserve managementfood securityformsgovernancegovernment ownershipgovernment procurementimport controlsinformation disclosureinternal governanceinventory managementinvestmentslien registrationloansmarket informationmarket information systemmarketing informationmeeting procedureoffice tenurepenaltiesprocedureprocessingprocessor registrationproduct standardspublic administrationpublic agency governancepublication requirementsquality controlrecord keepingrecord/report submissionregistrationregistration feesreportingresignationsecured interestssecurity interestsstaffingstatutory instrumentsupply securitytitle registrationtrader registrationtradingtransfer registrationvacancy
Jurisdiction
Zambia
Structure
38 provisions
Citation
Act 12 of 1995
Dates
Legal dates not recorded
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Dates
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01

Purpose and legislative effect

“The Food Reserve Agency is established as a body corporate and may do the acts a body corporate may lawfully do, subject to the Act.”

The Food Reserve Agency is established as a body corporate and may do the acts a body corporate may lawfully do, subject to the Act. The Agency must carry out the functions needed to administer the Act, including managing the national food reserve, operating a market information system, and promoting approved weighing and grading standards. A national food reserve must be administered by the Agency, subject to the Act. The Minister must designate certain agricultural food commodities, including cereals, oilseeds, and stockfeed, by the yearly deadline, and must do so within 30 days for the Act’s first marketing season. The Agency may buy or import designated commodities for the national food reserve, but it must first announce its annual purchase plan and later publish the buying procedure on a yearly timetable.

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(1) A member ofthe Agency, except a member referred to in

A member of the Agency serves a three-year term, may be reappointed for another three years, may resign with one month’s written notice to the nominating organisation and the Minister, and the office becomes vacant on death, certain absences, loss of…

Section 3

04

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Showing 38 of 38 provisions

Provision 27Offence 6Repeal 3Commencement 2

Part

PART I I

§ 3( 1) There is hereby established the Food Reserve Agency,Provision

The Food Reserve Agency is established as a body corporate and may do the acts a body corporate may lawfully do, subject to the Act.

3. ( 1) There is hereby established the Food Reserve Agency, which shall be a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name, and shall, subject to the provisions of this Act, have power to do all such acts and things as a body corporate may by law do or perform. Functions of Agency (2) The provisions of the Schedule shall apply to the Agency.
Section 3Verify source
§ 4(1) The functions of the Agency shall be to do all such thingsProvision

The Agency must carry out the functions needed to administer the Act, including managing the national food reserve, operating a market information system, and promoting approved weighing and grading standards.

4- (1) The functions of the Agency shall be to do all such things as are necessary for the administration of this Act. (2) Notwithstanding the generality of subsection (I) the Agency shall-. ( a) administer the national food reserve; (b) establish and operate a market information system for agricultural food commodities and agricultural inputs; Food Reserve [No. 12 of 1995 151 Act No. 22 ofl993 Act No. 20 of 1994 (c) promote Lhe use of the weighing and grading standards approved under the Weights and Measures Act and tJ1e Standards Act for designated commodities; (d) establish and conduct a programme under which storage facilities owned by the Govcmment may be leased or sold; ( e) establish a programme under which traders and proces­ sors shall register and report, for statistical purposes, infonnation on the stocks of agricultural commodities handled or held by them; (f) asses storage requirements for markeling a designated commodity and plan for their establishmem as needed; and ( g) undenake such other functions as the Minister may assign 10 the Agency. (3) The Agency may by resolution delegate any of the powers and functions of tlle Agency to any person in the Agency or to any commiuee established by the Agency or, with tlle consent of tlle Minister, to any other person. (4) Except for such actions as may be necessary to administer the national food reserve, the Agency shall not purchase, impon, sell, or trade in any agricultural commodity. (5) Notwithstanding any provi. ion of any other law, tlleAgency may enter imo a contract with any person for the purpose of performing any of its functions under this AcL. PART III TIii( NATIONAL FOOD RESERVE
Section 4Verify source

Part

PART III

§ 5(1) There shaU be a national food reserve which shall, NationalProvision

A national food reserve must be administered by the Agency, subject to the Act.

5. (1) There shaU be a national food reserve which shall, National subject to this Act, be administered by the Agency. food reserve (2) The purpose of tlle national rood reserve shall be to- (a)ensure a reliable supply of designated commodities forthe country; (b) meet local shortfalls in the supply or a designated com­ modity; (c) meet such other food emergencies caused by drought or nood, or by such other natural disas1er, for the purposes of tllis Act, as may be declared by the President; 152 No. 12 of 1995] Food Reserve (d) correct problems relating to the supply of designated commodities which result from the manipulation of prices or monopolistic trading practices. Designation of com­ modities
Section 5Verify source
§ 6(1) The Minister shall designate, prior to October 3 !st ofProvision

The Minister must designate certain agricultural food commodities, including cereals, oilseeds, and stockfeed, by the yearly deadline, and must do so within 30 days for the Act’s first marketing season.

6. (1) The Minister shall designate, prior to October 3 !st of each year, any cereal, oilseed, stockfeed and any other agricultural food commodity that he considers essential for the food security of the country. (2) In the case of the marketing season in which this Act comes into force, the MinistcrshalJ make the designation referred to in sub­ section (1), not later than thiny days after the coming into force of this Act. Purchase and importation of designated commodities
Section 6Verify source
§ 7(!) Subject to subsection (2), the Agency may purchase fromProvision

The Agency may buy or import designated commodities for the national food reserve, but it must first announce its annual purchase plan and later publish the buying procedure on a yearly timetable.

7. (!) Subject to subsection (2), the Agency may purchase from the domestic market or import any designated commodity for the purposes of the national food reserve. (2) The Agency shalJ not purchase any designated commodity unless it announces in the Gazette and the print media, prior to the I st of May of each year, its plan for purchases of each designated commodity in the following marketing year. (3) The plan referred to in subsection (2) shall include the­ (a) quantity of the designated commodity the Agency plans to purchase; (b) method of procurement and payment for the designated commodity by the Agency; and (c) places at which the Agency plans to make such purchases. (4) The Agency shalJ announce and publish in the Gazette and the print media prior to the 3 I st of October of each year, the procedure to be follows in buying a designated commodity which it needs to impon or when buying localJy for the next twelve months; and different procedures may be published for different areas.
Section 7Verify source
§ 8(1) Subject to subsection (2), the Agency may sell anyProvision

The Agency may sell designated commodities from the national food reserve for local shortages or food emergencies, but must publish the yearly sale procedure in advance.

8. (1) Subject to subsection (2), the Agency may sell any designated commodity in the national food reserve to meet- ( a) local shonfalJs in the supply of the commodity; (b) other food emergencies caused by drought, flood, or othcr natural disaster. (2) Subject to subsection (3), the Agency shall not sell any designated commodity in the national food reserve unless it Sale of designated commodities Food Reserve [No. 12 of 1995 153 publishes in the Gazette and in the print media, prior to the 31st of October of each year, the procedure to be followed during the following twelve months in selling any designated commodity held in the national food reserve; and different procedures may be published for different areas. (3) Whenever a designated commodity is stored as part of the national food reserve, the Agency may sell, quantities of the designated commodity in different places to the extent necessary to properly handle, rotate, distribute, and position the designated commodity as part of the national food reserve. (4) ·subject to subsection (3) any purchase to offset a sale of a designated commodity shall be made as soon as possible following the sale.
Section 8Verify source
§ 9The Agency may receive any designated commodity or anyProvision

The Agency may receive donated designated or non-designated commodities for the national food reserve, may sell non-designated commodities as designated commodities, and must buy designated commodities to keep the reserve rotated, distributed, and positioned properly.

9. The Agency may receive any designated commodity or any commodity not designated under thisActas part of the national food reserve donated by any person, body, Government or institution: Provided that the Agency may sell any commodity not desig­ nated under this Act as a designated commodity and shall purchase quantities of the designated commodity to properly rotate, distribute and position the designated commodity as part of the national food reserve. PARTIV MARKEi' INFORMATION SYSTEM FOR DESIGNATED COMMODITIES Receipt of designated commodity and non­ designated commodity
Section 9Verify source
§ 10(1) There shall be a market information system for each MarketProvision

The Agency must operate a market information system for each designated commodity market.

10. (1) There shall be a market information system for each Market designated commodity operated by the Agency for the benefit of the consumer and any person engaged in the production, marketing, and processing of that commodity. information system (2) The Agency in establishing the market information system, shall consult with and obtain the advice of, a representative of the consumer, producer, trader, processor, and any person, engaged in the production, marketing and processing of a designated commodity.
Section 10Verify source
§ 11The Agency shall collect and disseminate marketing CollectionProvision

The Agency must collect and share marketing information about a designated commodity, including domestic and export sales.

11. The Agency shall collect and disseminate marketing Collection information, including information on domestic and export sales of and a designated commodity, for the purpose of of meeting the require- dissemina­ ments of the consumer, producer, trader, processor and any other tion of person engaged in the production, marketing and processing of such market commodity. information PARTY WEIGHING AND GP.ADING STANDARDS FOR DESIGNATED COMMODITIES
Section 11Verify source
§ 12The Agency shall consult the Zambia Bureau of Standards,Offence

The Agency must consult the Zambia Bureau of Standards when developing and improving standards for a designated commodity.

12. The Agency shall consult the Zambia Bureau of Standards, as provided for under the Weights and Measures Act and Standards Act, in developing and improving standards of quality, condition, quantity and grade of a designated commodity, so as to encourage uniformity and consistency. Standard of designated commodity Act No. 22 of!993 Act No. 20 ,..flOOLI. 154 No. 12 of 1995] Food Reserve Offence and • penalty for misrepresent- ing grade
Section 12Verify source
§ 13(!) Any person who knowingly misrepresents the grade ofOffence

A person who knowingly misrepresents the grade of a designated commodity against established standards commits an offence and may be fined up to one thousand penalty units.

13. (!) Any person who knowingly misrepresents the grade of a designated commodity contrary to established standards shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding one thousand penalty units. (2) Any person who fails to pay the fine under subsection (1) shall in addition to that penalty be prohibited from participating in the marketing or processing of any_ designated commodity for a period not exceeding three years. PART VI REGISTRATION OF TRADERS AND PROCESSORS Registration as a dealer
Section 13Verify source

Part

PART VI

§ 14(]) Every trader and processor shall register annually as.aProvision

Traders and processors must register each year as dealers in a designated commodity, and the Agency must keep a register of traders and processors.

14. (]) Every trader and processor shall register annually as.a dealer in a designated commodity. (2) The Agrncy shall keep a register of traders and processors. Registration fees
Section 14Verify source
§ 15(]) A trader and a processor shall pay such annual registra­Provision

Traders and processors must pay annual registration fees set by the Minister by statutory instrument.

15. (]) A trader and a processor shall pay such annual registra­ tion fees as the Minister may, by statutory instrument, prescrib�. (2) Notwithstanding any other law to the contrary, the registration fees collected by the Agency shall form part of the revenue of the Agency. Standards of conduct of traders and processors Reports by traders and processors
Section 15Verify source
§ 16The Minister may, by statutory instrument, and after con­Provision

The Minister may make rules and regulations, after consulting the Agency, about conduct standards for registered traders and processcir dealing in designated commodities.

16. The Minister may, by statutory instrument, and after con­ sultation with the Agency, establish rules and regulations regarding the standards of conduct of every registered trader and processcir in relation to the trade in any designated commodity.
Section 16Verify source
§ 17(!) A trader or a processor registered as a dealer in aProvision

A registered trader or processor dealer in a designated commodity must give the Agency price and stock information for that commodity for the period the Agency designates, and submit a report in the prescribed form, approved by the Minister, within the time the Agency prescribes.

17. (!) A trader or a processor registered as a dealer in a designated commodity shall provide to the Agency information regarding the price and stock of a designated commodity handled or held by him during the period designated by the Agency. (2) A report under this section shall be- ( a) in such form as may be prescribed by the Agency; (b) approved by the Minister; and (c) submitted by a trader or a processor within such time as may be prescribed by the Agency.
Section 17Verify source
§ 18(I) A trader or a processor who fails to register, or who, ifOffence

Traders and processors must register and, if registered, comply with standards of conduct set by the Minister; breaches are offences punishable by a fine of up to one thousand penalty units.

18. (I) A trader or a processor who fails to register, or who, if registered, fails to comply with the standards of conduct established by the Minister shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding one thousand penalty units. (2) Any person who fails to pay the fine under subsection (!) shall in addition to that penalty be prohibited from participating in the marketing or processing of any designated commodity for a period not exceeding three years. Penalty for failing to register or comply with standards of conduct Food Reserve [No. 12 of 1995 155
Section 18Verify source
§ 19Subject to the Agricultural Credit Act, the Agency shall,Provision

Before buying a designated commodity, the Agency must inspect relevant records to check for prior pledges, charges, or liens under the Agricultural Credit Act.

19. Subject to the Agricultural Credit Act, the Agency shall, prior to purchasing a designated commodity, inspect all relevant records to determine if the trader or processor selling the designated commodity has previous pledged the commodity as security or whether a charge or lien has been registered under that Act. Power to inspect records Cap. 349
Section 19Verify source
§ 20Any registered trader and processor who sells anyOffence

A registered trader or processor must not sell a designated commodity in disregard of a registered charge or lien on that commodity.

20. Any registered trader and processor who sells any designated commodity in disregard of a registered charge or lien on the designated commodity referred to in section nineteen shall be guilty of an offence and shall be liable to a penalty under the Agriculture Credit Act. Penallies for disregarding registered charge or lien Cap. 349 PART Vil NATIONAL FOOD EMERGENCY
Section 20Verify source

Part

PART Vil

§ 21The President may declare a national food emergency if, inProvision

The President may declare a national food emergency if there is, in his opinion, a major shortfall in the domestic production or availability of a designated commodity.

21. The President may declare a national food emergency if, in his opinion, there is a major shortfall in the domestic production or availability of a designated commodity. Declaration of national food emergency
Section 21Verify source
§ 22(1) Subject to subsection (2), whenever the PresidentProvision

If the President declares a national food emergency, the Minister takes over the Agency’s powers, consults the Agency on bidder selection, and the Agency becomes advisory.

22. (1) Subject to subsection (2), whenever the President declares a national food emergency under section twenty-one, the powers of the Agency under this Act shall vest in the Minister. Vesting of Agency functions (2) The Minister shall exercise the powers of the Agency, during the existence of the national food emergency and for not more than thirty days after the end of the emergency as declared by the President; and shall consult the Agency in the selection of bidders for the supply of a designated commodity purchased forthe national food reserve. (3) Where the Minister exercises the powers referred to in subsection (2), the Agency shall, after the appointed date be an advisory committee to the Minister. PART VII] GENERAL
Section 22Verify source

Part

PART VII]

§ 23The Minister may exercise the powers of the Agency underProvision

The Minister may exercise the Agency’s powers under the Act until the Agency’s members are appointed.

23. The Minister may exercise the powers of the Agency under this Act until such time as the members of the Agency are appointed. Transitional period
Section 23Verify source
§ 24( 1) On the appointed date, there shall be transferred to, andRepeal

The Minister must make a statutory instrument to transfer specified property, rights, liabilities, or obligations to the Agency, and those items vest in the Agency when the instrument takes effect.

24. ( 1) On the appointed date, there shall be transferred to, and shall vest in and be owned by the Government without further assurance all property, rights, liabilities and obligations, excluding fertilizer; transferred under the repealed Act which, immediately before the appointed date, where the property, rights, liabilities and obligations of the Company or.Federation by virtue of the repealed Act. Vesting of assets and transfer of liabilities 156 No. 12 of 1995] Food Reserve RcgisLration or property to be transferred Legal Proceedings (2) The Minister shall by statutory instrument provide for the transfer of any property, right, liability or obligation to the Agency without further assurance on such terms and conditions as may be specified in the statutory instrument. (3) The property, rights, liability or obligation,specified in the statutory instrument made under subsection· (2) shall, on the coming into force of the statutory instrument , vest in or, as the case may be, subsists against the Agency. (4) The provisions or section twenty-five shall apply, with the necessary modifications, to the Agency on the coming into force of the statutory instrument.
Section 24Verify source
§ 25(I) Whenever in pursuance of this Act any property, right,Provision

If a transfer to the Government must be registered under another law, the Government must apply in writing for registration, and the registration officer must make the necessary register entries; no registration fees or duty are payable for such transfers.

25. (I) Whenever in pursuance of this Act any property, right, l iabilities or obligations, of the Federation or Company are trans­ ferred to the Government in respect of which transfer a written law provides for registration, the Government shall make an application in writing to the proper officer or the appropriate registration authority for t11c registration of the transfer. (2) The officer rercrrcd to in subsection (]) shall make such entries in the appropriate register as shall give effect to the transfer and, where appropriate, issue the transferee concerned with a certificate of Litle in respect of the property or make necessary amendments to the register, as the case may be, and shall make endorsement on the deeds relating to the title, right or obligation concerned. (3) No registration Ices or duty shall be payable in respect of any transfer effected under this Part.
Section 25Verify source
§ 26( 1 ) Wilho_ul prejudice to the other provisions of this Act,Commencement

The section keeps certain rights, liabilities, and obligations effective after commencement, and allows pending proceedings or applications to continue against or by the Government or Agency.

26. ( 1 ) Wilho_ul prejudice to the other provisions of this Act, where any right, liability or obligation vests in the company or Federation by vinuc of the repealed Act, the Government or Agency, as the case may be, and all other persons shall, as from the commencement of !his Act, have the same rights, powers and remedies (and in particular the same rights as to the instituting or defending or legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforc­ ing those rights, liabilities or obligations as they would have had if it had at all times been a right, liability or obligation of the Government or the Agency under the repealed Act. (2) Any legal proceedings or application to any authority pend­ ing immediately before the commencement of this Act by or against Food Reserve [No. 12 of _1995 157 the Federation or Company in relation Lo Lhe assets transferred to the Government or the Agency, as Lhc case may be, may be continued by or against the Government or Agency. (3) After the commencement or this Act proceedings in respect of any right or obligation which was vested in, held, enjoyed, Regulations incurred or suffered by the Federation or Company may be instituted by, or against the Government or Agency.
Section 26Verify source
§ 27The Minister may, by statutory instrument, and in consul­Repeal

The Minister may, by statutory instrument and after consulting the Agency, make rules about prescribed matters, forms, fees, and different procedures for different areas.

27. The Minister may, by statutory instrument, and in consul­ tation with the Agency, prescribe- ( a) anything which by Lhis Act is require or permitled Lo be prescribed; (b) any forms for Lhe purposes of this Act; (c) any fees payable in respect of any service provided by the Agency; (d) any other matters as arc necessary or conducive to Lhc bencr carrying out of the purposes of this Act. ( e) Lo describe different procedures for different areas. Repeal of Act, No. 19 of 1989
Section 27Verify source
§ 28The National Agricultural Marketing Act is herebyRepeal

This section repeals the National Agricultural Marketing Act.

28. The National Agricultural Marketing Act is hereby repealed. • SCHEDULE (Section 3(2)) PART I ADMINISTRATION OF AGENCY Seal of Agency
Section 28Verify source

Part

PART I

§ 1This Act may be cited as the Food ReseIVe Act, 1995, andProvision

The Agency’s seal is to be a device the Agency decides, kept by the Secretary, and its use or related documents may be authenticated or authorized by specified officials.

1. (1) The seal of the Agency shall be such device as may be determined by the Agency and shall be kept by the Secretary. (2) The affixing of Lhe seal shall be authenticated by the Chair­ person or the Vice-Chairperson or any other person authorised in that behalf by a resolution of the Agency. (3) Any contract or instrumcnl 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 ,Jr executed without seal on behalf of the Agency by Lhe Secretary or any other person authorised by the Agency in that behalf. (4) Any document purporting Lo be undcrthc seal of the Agency or issued on behal f of the Agency shall be received in evidence and shall be deemed Lo be so executed or issued, as the case mi be, without further proof, unless the contrary is proved. ComposiLion of Agency
Section 1Verify source
§ 2I n this Act, unless the context otherwise requiresProvision

This section sets out who makes up the Agency, how some members are nominated, and who may not be elected Chairperson or Vice-Chairperson.

2. ()) The Agency shall consist of the following members who shall be appointed by Lhc Minister: 158 No. 12 of 1995] Food Reserve ( a) a senior official from the Ministry responsible for­ (i) agricullure; (ii) commerce; and (iii) finance. (b) a representative of- (i) small-scale farmers; (ii) commercial farmers; (iii) p�rsons engaged in the processing of agricultural food commodities; and (iv) the Bankers' Association of Zambia; (c) one person associated with the transportation and haulage of agricullural commodities; and (d) two other persons from the private sector. (2) The members referred to in clause (b) of subparagraph (1) shall be nominated by their respective organisations. (3) The Chairperson and the Vice-Chairperson shall be elected by the Agency from amongst ils members: Provided that the members re(erred lo in clause ( a) of subparagraph (1) shall not be elected as Chairperson or Vice-Chairperson.
Section 2Verify source
§ 3(1) A member ofthe Agency, except a member referred to inProvision

A member of the Agency serves a three-year term, may be reappointed for another three years, may resign with one month’s written notice to the nominating organisation and the Minister, and the office becomes vacant on death, certain absences, loss of representative status, or bankruptcy.

3. (1) A member ofthe Agency, except a member referred to in clause ( a) of subparagraph (I) of paragraph 2- ( a) shall hold office for a period of three years from the date of appointment and shall be eligible for re-appointment for a further term of three years; (b) may resign upon giving one month's notice, in writing, Lo the organisation which nominated him and to the Minister. (2) The office of a member, shall become vacant­ (a) upon his death; (b) if he is -absent, without reasonable excuse, from three consecutive meetings of the Agency of which he has had notice; ( c) on ceasing to be a representative of the organisation which nominated him; or Tenure of office and vacancy Food Reserve [No. 12 of 1995 159 (d) i f he is an undischarged bankrupt.
Section 3Verify source
§ 4(1) Subject to the other provisions of this Act, the AgencyProvision

This section sets the Agency’s meeting rules, including the Chairperson’s powers, quorum, voting, and the rule that invited guests have no vote.

4. (1) Subject to the other provisions of this Act, the Agency may regulate its' own procedure. Proceedings of Agency • • (2) The Agency shall meet fonhe transaction of business at least once every three months at such places and times as the Chairperson may determine. (3) The Chairperson may at any time call a meeting or the Agency and shall call a special meeting to be held within founccn days of receipt of a written request addressed to him by at least live members of the Agency. (4) If the urgency or any panicular matter docs not permit the giving of such notice as is required under subparagraph (3), a special meeting may be called by the Chairperson, upon giving a shoner notice. (5) Two-thirds or the members shall fo1m a quorum at any meeting o f the Agency. (6) There shall preside al any meeting of the Ageney­ (a) the Chairperson; ( b) in the absence of the Chairperson the Vice-Chairperson the Vice-Chairperson: or (c) in the absence of both the Chairperson and the Vice­ Chairperson, such member as the members present may elect for the purpose or that meeting. (7) A decision of the Agency on any question shall be by a majority oflhe members present and voting at the meeting and in the event o f an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his deliberative vote. (8) The Agency may invite any person, whose presence is in its opinion desirable, to attend and to panicipate in the deliberations of the meeting of the Agency, but such person shall have no vote. (9) The validity of any proceedings, acts or decisions of the Agency shall not be affected by any vacancy in the membership of the Agency or by any defect in the appointment of any member or by reason that any person not entitled to do so took pan in the proceedings.
Section 4Verify source
§ 5(!) The Agency may, for the purpose of performing its CommiuccsProvision

The Agency may create committees, appoint their members, and delegate functions to them, subject to rules on committee composition and Ministerial approval for allowances.

5. (!) The Agency may, for the purpose of performing its Commiuccs functions under this Act, establish such committees as it considers of Agency 160 No. 12 of 1995) Food Reserve necessary and delegate LO any of those commiLLecs such of its functions as iL considers Iii. (2) Subject to sub-paragraph (3), the Agency may appoint as members of a com mince, persons who arc, or arc not, members of the Agency, except that at least one mcmbcrof a committee shall be a member of the Agency. (3) A committee established for the purpose of purchasing designated commodities for the national food reserve under Part III of lhe Act shall be composed entirely of members of the Agency. (4) A person serving as a member of a committee shall hold office for such period as the Agency may determine. (5) Subject to any specific or general direction of the Agency, a commillee may regulate its own procedure. (6) A member of a committee shall be paid such allowances for the member's necessary travel and other expenses when actually engaged in the performance of such duties as the Agency may determine with the approval of the Minister.
Section 5Verify source
§ 6(1) If any person is present al a meeting of the Agency oranyCommencement

People at an Agency or committee meeting who have a private interest in a matter must declare it promptly and usually must not join the discussion or vote unless the Agency or committee allows it.

6. (1) If any person is present al a meeting of the Agency orany committee at which any matter is the subject of consideration and in which mailer that person or his spouse is directly or indirectly interested in a private capacity, that person shall as soon as is practicable after the commencement of the meeting, declare such interest and shall not, unless the Agency or the comm ittcc otherwise directs, Lake part in any consideration or discussion of, or vote on, any question touching that matter. (2) A declaration of interest made under this section shall be recorded in the minutes of the meeting at which i t is made. Disclosure of interest Financial disclosure report
Section 6Verify source
§ 7(1) A member shall within Lhirty days ofbecoming a memberOffence

Members must file financial disclosure reports with the Minister, update them if their interests or liabilities change, and the Minister must make submitted reports available for public inspection.

7. (1) A member shall within Lhirty days ofbecoming a member submit a financial disclosure report to the Minister. (2) The report referred LO in subsection (I) shall disclose- ( a) the income earned by Lhe mcm bcr from crop production, marketing, processing or financing, during lhe year before his appointment; (b) the personal liabilities owed by the member in relation to crop production, marketing, processing or financing before his appointment; and (c) such other information as the Minister may require. • - Food Reserve [No. 12 of 1995 161 (3) A member shall file a supplementary financial disclosure report with the Minister if during any calendar year there is any change in the member's linancial interests or personal liabilities. (4) The Minister may grant -such extension of time for the submitting of reports underthis section as he considers appropriate. (5) The Minister shall within fifteen days after a report is submitted under this section, make the report available for inspec­ tion by members of the public at reasonable hours. (6) A person who knowingly falsilies any information or fails to submit a report as required under this section shall be guilty of an offence and shall be liable upon conviction to a line not exceeding one thousand penalty units.
Section 7Verify source
§ 8ProvisionProvision

The Agency must appoint a Director, may appoint a Secretary and other necessary staff, and the Director and Agency employees are not to be treated as public officers.

8. ( ] ) The Agency shall, on such terms and conditions as it may Staff of determine, appoint a Director who shall be the Chief Executive Agency Officer of the Agency, and who shall be responsible for the administration of the Agency and the implementation of the deci- sions of the Agency . (2) There shall be a Secretary to the Agency who shall be appointed on such terms and conditions as the Agency may deter­ mine. (3) The Secretary shall be responsible for the day-today affairs of the Agency under the general supervision of the Director. (4) The Agency may appoint on such terms and conditions as it may determine, such other staff as it considers necessary for the performance of its functions under this Act. (5) Notwithstanding any other law, the Director or the employees of the Agency shall not be considered as public officers.
Section 8Verify source
§ 9(]) No person shall, without the consent in writing given by,Offence

People must not publish or disclose certain information from the Act unless they have written consent from the Agency or are acting in the course of their duties.

9. (]) No person shall, without the consent in writing given by, or on behalf of, the Agency, publish or disclose to any person otherwise than in tbe course of his duties, the contents of any documents, communication, or information which relates to, and which has come to his knowledge in the course of his duties under this Act. (2) Any person who knowingly contravenes the provisions of subsection (]) shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding five hundred penalty units. PART II FINANCIAL PROVISIONS Prohibition of disclosure of informa­ tion
Section 9Verify source

Part

PART II

§ 10(I) The funds of the Agency shall consist of such moneys as Funds ofProvision

The Agency’s funds come from appropriations, grants or donations, and money that accrues to it. The Agency may accept grants or donations, borrow money (with Ministerial approval for funds from outside Zambia), charge fees for services, and invest unused funds with Ministerial approval. Its financial year runs for 12 months ending 31 March each year.

10. (I) The funds of the Agency shall consist of such moneys as Funds of Agency may- ( a) be appropriated by the National Assembly for the purposes of administering the national food reserve; 162 No. 12 of 1995] Food Reserve (h) be paid to the Agency by way of grants or donations; and (c) vest in or accrue to the Agency. (2) The Agency may- (a) accept money by way of grants or donations; (b) raise by way of loans or otherwise from any source in Zambia, and subject to the approval of the Minister, from any source outside Zambia, such money as it may require for the discharge of its functions; ( c) charge and collect fees in respect of programmes, publica­ tions.seminars, consultancy and other services provided by the Agency. (3) There shall be paid from the funds of the Agency- ( a) salaries, allowances, loans, gratuities and pensions of staff or the Agency and other payments for the recruitment and retenLion of staff; (b) such reasonable travelling and subsistence allowances for members or any commince of the Agency when engaged on the business of the Agency and at such rates as the Agency may dctcnnine; and ( c) any other expenses incurred by the Agency in the perfor­ mance of its functions. (4) The Agency may afterthe approval of the Minister invest in such manner as it .thinks lit such of its funds as it docs not immediately require for the discharge of its functions. Financial year Accounts 1 1. The financial year or the Agency shall be the period of twelve months ending on 3 1 st March in each year.
Section 10Verify source
§ 12(1) The Agency shall cause lo be kept proper books ofProvision

The Agency must keep proper accounting records, include three separate account categories in those records, have its accounts audited annually by independent auditors approved by the Minister, and pay the auditors’ fees.

12. (1) The Agency shall cause lo be kept proper books of account and other records relating to its accounts. (2) The books and the records referred to in sub-paragraph (I) shall contain three separate accounts of- ( a) the Agency 's administration of the national food reserve; (h) the Agency's administration of the lease or sale of storage facilities and the maintenance, repair, rehabilitation or construction or any storage facility; and (c) the Agency's other operations. Food Reserve [No. 12 of 1995 163 (3) The accounts of the Agency shall be audited annually by independent auditors appointed by the Agency, subject to the approval of the Minister. (4) The Auditors' fees shall be paid by the Agency.
Section 12Verify source
§ 13(1) As soon as practicable, but not later than ninety days AnnualProvision

The Agency must send the Minister a report on its activities for the financial year within 90 days after year-end, and the Minister must table it in the National Assembly within 7 days after the first sitting following receipt.

13. (1) As soon as practicable, but not later than ninety days Annual after the end of the financial year, the Agency shall submit to the report Minister a report concerning its activities during the financial year. •. (2) The report referred to in subsection (!) shall include information on the financial affairs of the Agency and there shall be appended to the report- ( a) an audited balance sheet; (b) an audited statement of the income and expenditure; (c) information on the marketin� of any designated commodity; and ( d) such other information as the Minister may require. (3) The Minister shall ·not later than seven days after the first sining of the National Assembly next after recript of the report referred to in sub-paragraph (!), lay the report before the National Assembly.
Section 13Verify source

Legislative relationships

7 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

4 instruments

  • Agency shall be to do all such things The Agency must carry out the functions needed to administer the Act

    Section 4

  • Agency under The Minister may exercise the Agency’s powers under the Act

    Section 23

  • Agency under this Act

    Section 22

  • Company or.Federation by virtue of the repealed Act

    Section 24

G–M

1 instrument

  • Government or the Agency under the repealed Act

    Section 26

N–S

2 instruments

  • National Agricultural Marketing Act

    Section 28

  • of Act

    Section 27

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