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Constituency Development Fund Act, 2018

This section gives the Act its short title and says it starts on a date the Minister appoints by statutory instrument. The Fund must be managed, disbursed, and used according to transparency, accountability, and equity…

accounts and auditallowancesannual reportingbank accountsboard or committee termscommencementcommittee functionscommittee governancecommittee procedurecommunity projectscompensationconfidentialityconstituency development funddisbursement suspensiondisbursementsdisclosure of interesteligibility for supportequipment custodyfinancial administrationfinancial reportingfund administrationfund allocationfund disbursementfund managementfundinggovernment oversightgovernment reportinggrant use restrictionsinformation handlingmeeting governanceoffencespenaltiesprocurement of works and servicesproject approvalproject budgetingproject evaluationproject fundingproject implementationproject monitoringproject oversightproject planningproject proposalsproject reportingpublic administrationpublic appointmentspublic financepublic fundingpublic recordspublic works coordinationrecord keepingrecordkeepingrecordsregulationsreportingstatutory interpretation
Jurisdiction
Zambia
Structure
36 provisions
Citation
Act 11 of 2018
Dates
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01

Purpose and legislative effect

“This section gives the Act its short title and says it starts on a date the Minister appoints by statutory instrument.”

This section gives the Act its short title and says it starts on a date the Minister appoints by statutory instrument. The Fund must be managed, disbursed, and used according to transparency, accountability, and equity principles. The Minister is responsible for implementing the Act, managing the Fund prudently, handling project lists, and receiving and reviewing reports and returns. A Constituency Development Fund Committee must be established in each constituency, with members appointed by the Minister. A Committee must carry out listed functions on constituency records, reports, project lists, and submissions to the local authority.

02

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Short title and commencement

This section gives the Act its short title and says it starts on a date the Minister appoints by statutory instrument.

Section 1

Funds to be retained

Receipts, savings, accruals, and year-end balances must be kept for the purposes of the Fund and constituency account.

Section 11

Cost estimates to be reasonable

The Committee must consult relevant government departments, rank projects by priority, and note unallocated amounts where a constituency budget is below the allocation. The Minister must keep project costs within the constituency alloca…

Section 20

Offences

A person who misappropriates constituency funds or assets, or helps cause them to be misappropriated or used contrary to the Act, commits an offence.

Section 28

Constituency Development Fund

A Committee member is protected from legal action or proceedings for good-faith acts or omissions done while carrying out powers, functions, or duties under the Act.

Section 7

04

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Showing 36 of 36 provisions

Provision 29Short title 2Offence 2Amendment

Part

PART I

§ 1Short title and commencementShort title

This section gives the Act its short title and says it starts on a date the Minister appoints by statutory instrument.

1. This Act may be cited as the Constituency Development Fund Act, 2018, and shall come into operation on the date appointed by the Minister by statutory instrument. Short title and commence- ment 2 In this Act, unless the context otherwise requires— “associate” has the meaning assigned to the word in the Anti- Corruption Act, 2012; “Committee” means the Constituency Development Fund Committee established under section 5; “community” means a geographically defined group of persons or sector of the public with a specific ascertainable common interest; “constituency” has the meaning assigned to the word in the Interpretation Act No. 3 of 2012 Constitution; Cap. 1 “constituency account” means an account maintained for every constituency in accordance with section 9; 242 No. 11 of 2018] Constituency Development Fund Cap. 1 Cap. 1 Cap. 1 Cap. 1 Act No. 3 of 2012 “council” has the meaning assigned to the word in the Constitution; “councillor” has the meaning assigned to the word in the Constitution; “Fund” means the Constituency Development Fund established under Article 162 of the Constitution; “local authority” has the meaning assigned to the words in the Constitution; “project” means a constituency development project and includes a project initiated by a person or a community for the benefit of the community; “relative” has the meaning assigned to the word in the Anti- Corruption Act, 2012; “ward” has the meaning assigned to the word in the Cap. 1 Constitution; and Act No. of 2019 “Ward Development Committee” means the Ward Development Committee established under the Local Government Act, 2019. Principles of management, disbursement and utilisation of Fund Role of Minister relating to Fund PART II THE CONSTITUENCY DEVELOPMENT FUND COMMITTEE
Section 1Verify source

Part

PART II

§ 3Principles of management, disbursement and utilisation ofProvision

The Fund must be managed, disbursed, and used according to transparency, accountability, and equity principles.

3. The management, disbursement from and utilisation of the Fund shall be done in accordance with the following principles: (a) transparency; (b) accountability; and (c) equity.
Section 3Verify source
§ 4Role of Minister relating to FundProvision

The Minister is responsible for implementing the Act, managing the Fund prudently, handling project lists, and receiving and reviewing reports and returns.

4. The Minister is responsible for— (a) the implementation of this Act; (b) ensuring prudent management of the Fund; (c) receipt, review and approval of project lists from Committees; (d) ensuring the compilation of proper records, returns and reports from the constituencies; and (e) receiving and review annual reports and returns from councils. Constituency Development Fund Committee
Section 4Verify source
§ 5Constituency Development Fund CommitteeProvision

A Constituency Development Fund Committee must be established in each constituency, with members appointed by the Minister.

5. (1) There is established a Constituency Development Fund Committee in each constituency. (2) A Committee consists of the following part-time members appointed by the Minister: Constituency Development Fund [No. 11 of 2018 243 (a) two community representatives nominated by the Member of Parliament from the constituency; (b) three councillors in the constituency, two of whom are elected by the councillors in the constituency and one of whom is nominated by the Member of Parliament from the constituency; (c) one representative of a chief where a constituency has one chief, or two representatives of chiefs where the constituency has two or more chiefs, nominated by those chiefs from within the constituency; (d) a representative of the director responsible for planning at the local authority in which the constituency is located; (e) a representative of the director responsible for works or engineering services at the local authority in which the constituency is located; (f) a representative of a civil society organisation operating in the constituency nominated by the Member of Parliament from the constituency; (g) a representative of a religious organisation in the constituency nominated by the Member of Parliament from the constituency; (h) the Member of Parliament from the constituency; and (i) a representative of the director responsible for finance at the local authority in which the constituency is located. (3) The members of the Committee shall elect the Chairperson and the Vice-Chairperson from amongst themselves, except that a member referred to in subsection (2) (b), (d), (e), (h) and (i), does not qualify for election as a Chairperson or Vice-Chairperson. (4) The Directorates of Planning, and Finance in the local authority in a district shall provide the necessary secretarial and accounting services to a Committee to perform its functions under this Act. (5) The provisions of the Schedule apply to a Committee.
Section 5Verify source
§ 6Functions of CommitteeProvision

A Committee must carry out listed functions on constituency records, reports, project lists, and submissions to the local authority.

6. The functions of a Committee are to— (a) ensure the compilation of proper records, returns and reports from the constituency; (b) receive and discuss annual reports and returns from the Functions of Committee constituency; 244 No. 11 of 2018] Constituency Development Fund Constituency Development Fund Constituency account Disbursement from Fund and constituency account (c) receive a project list from the ward development committee within the constituency or proposals for joint projects with other constituencies; (d) deliberate on project proposals from the wards; and (e) develop and submit a project list to the local authority for onward transmission to the Minister. PART III CONSTITUENCY DEVELOPMENT FUND
Section 6Verify source

Part

PART III

§ 7Constituency Development FundProvision

The Fund is made up of money appropriated by Parliament and money received as grants, fees, council contributions, or donations for funded projects.

7. The Fund consists of— (a) monies appropriated by Parliament for the purposes of the Fund; and (b) monies received by way of grants, fees, council contributions or donations for purposes of the Fund specifically intended for funding projects.
Section 7Verify source
§ 8Constituency accountProvision

A local authority must, with finance-ministry approval, open and run a special constituency bank account and keep unutilised funds in it; investments elsewhere are not allowed except for funds for cancelled or discontinued projects.

8. (1) A local authority shall, subject to the approval of the Ministry responsible for finance, open and operate a special bank account in the name of each constituency for the purposes of the Fund at a commercial bank that the local authority may determine, in which the money received for the purposes of the Fund shall be deposited and kept. (2) A local authority shall retain unutilised funds in the constituency account and investments shall not be permitted elsewhere, except for funds meant for a project that is cancelled or discontinued.
Section 8Verify source
§ 9Disbursement from Fund and constituency accountProvision

A local authority must manage the constituency account, disburse constituency funds according to Minister-approved projects, and send spending records to the Minister within 30 days after the financial year ends.

9. (1) There shall be paid from the Fund monies for approved projects in a constituency. (2) A disbursement from the Fund shall be made to the constituency account maintained and managed by the local authority as the spending agency. (3) A local authority shall disburse funds from the constituency account based on projects approved by the Minister. (4) The local authority shall disburse funds from the constituency account within the first quarter of each financial year or soon thereafter as soon as returns are received from the constituency showing an equivalent amount expended from the constituency account. (5) The local authority shall submit a record of the amounts received by a constituency and a record of expenditure of the amounts so received to the Minister within thirty days after the close of the financial year together with a copy of the relevant bank statements. Constituency Development Fund [No. 11 of 2018 245
Section 9Verify source
§ 10Accountability and transparencyProvision

The principal officer must keep separate constituency accounts, maintain monthly receipts-and-disbursements records for each project, and submit those records to specified local government and parliamentary officials.

10. (1) The principal officer is responsible for the finances of the local authority in which a constituency is located and shall maintain separate books of accounts for the constituency account. Accountabi- lity and transparency (2) The principal officer under subsection (1) shall compile and maintain or cause to be compiled or maintained a record showing receipts and disbursements on a monthly basis in respect of every project under this Act. (3) The principal officer shall submit the record referred to in subsection (2) to the Provincial Local Government Officer, and copies to the Permanent Secretary responsible for local government and Member of Parliament for that constituency.
Section 10Verify source
§ 11Funds to be retainedProvision

Receipts, savings, accruals, and year-end balances must be kept for the purposes of the Fund and constituency account.

11. All receipts, savings and accruals to the Fund and the constituency account, and the balance of the Fund and the constituency account at the end of each financial year shall be retained for the purposes for which the Fund and the constituency account is established. Funds to be retained
Section 11Verify source
§ 12Prohibition of use of Fund for non-Fund purposesProvision

The Fund must not be used for purposes other than disbursements to constituency accounts, approved project costs, and administrative expenses up to five per cent of the Fund.

12. The Fund shall not be used for any purposes other than disbursements to constituency accounts to meet costs of approved projects and administrative expenses not exceeding five per cent of the Fund. Prohibition of use of Fund for non-Fund purposes
Section 12Verify source
§ 13Accounts and AuditProvision

The Minister must put prudent controls and proper accounting records in place for the Fund, the Fund must be audited every year, and the Ministry must pay the auditor’s fees.

13. (1) The Minister shall ensure that prudent controls are established for the Fund relating to— Accounts and audit (a) fiscal controls and accounting procedures governing the fund; and (b) reporting procedures for matters relating to the Fund. (2) The Minister shall cause to be kept proper books of account and other records relating to the accounts of the Fund. (3) The Fund shall be audited annually by the Auditor-General or an auditor appointed by the Auditor-General. (4) The auditor’s fees shall be paid by the Ministry.
Section 13Verify source
§ 14Annual reportProvision

The Minister must submit an annual report to the National Assembly within 90 days after its first sitting, and the finance minister must not make certain constituency-account disbursements while the report remains unsubmitted.

14. (1) The Minister shall, not later than ninety days after the first sitting of the National Assembly lay a report before the National Assembly. Annual report (2) The report referred to in subsection (1) shall include information on the value for money of the project and the financial affairs of the Fund, and there shall be appended to the report— (a) an audited statement of financial position; (b) an audited statement of comprehensive income; 246 No. 11 of 2018] Constituency Development Fund (c) a statement regarding the purpose and impact of the project and value for money; and (d) other information that the Minister may require. (3) The Minister responsible for finance, on recommendation by the Minister, shall not make a disbursement into a constituency account for the financial year following the financial year in respect of which a report referred to in subsection (1) remains unsubmitted, until that report is submitted. PART IV CONSTITUENCY DEVELOPMENT PROJECT PROPOSALS Submission of proposed projects by Committee
Section 14Verify source

Part

PART IV

§ 15Submission of proposed projects by CommitteeProvision

The Committee must submit a proposed project list and estimated costs to the Minister each March, and the Minister must review, approve, publish, and fund approved projects within the stated timelines.

15. (1) Subject to section 6 (e), a Committee shall submit to the Minister a proposed project list and the estimated costs of the proposed projects before the end of the month of March in each year in the prescribed manner and form to ensure timely release of funds. (2) The Minister shall ensure that the projects on the proposed project list comply with the provisions of this Act. (3) Subject to subsection (2), the Minister shall approve a proposed project list within thirty days of receipt of the proposed project list. (4) The Minister shall, on approval, publish in the Gazette, the project list, except that the requirement to publish shall not affect the implementation of an approved project. (5) A project that is approved by the Minister shall be funded and the implementation of the approved project shall be completed within the agreed contractual period.
Section 15Verify source
§ 16Submission of project proposals to Minister by CommitteeProvision

The Committee must invite the ward development committee to submit proposals before sending a proposed project list to the Minister, and then approve or reject a proposal within 14 days. Wards and ward development committees also must prepare project lists for submission.

16. (1) A Committee shall, prior to the submission of a proposed project list to the Minister, invite a ward development committee to submit proposals during the first quarter of every year preceding the year in which a project is proposed to be implemented by way of an advertisement, open meeting and fixing of a poster in conspicuous place. (2) A ward shall come up with a project list to be submitted to the ward development committee. (3) A ward development committee shall identify and prepare a proposed project list for submission to a Committee before receipt of funds. Submission of project proposals to Minister by Committee Constituency Development Fund [No. 11 of 2018 247 (4) A Committee shall within fourteen days of receipt of a proposal, approve or reject the proposed project.
Section 16Verify source
§ 17Project listProvision

The section sets rules for project lists, including how many projects may be included, how unfinished projects are treated, and when joint constituency projects need approval and coordination.

17. (1) The number of projects that may be included in a project Project list list shall be as prescribed. (2) An uncompleted project from a previous financial year shall remain on the project list, for purposes of the total number of projects. (3) Project activities of a similar nature in different parts of a constituency may be considered as one project for purposes of subsection (1). (4) Constituencies may share costs for joint projects provided that the decision for such joint projects shall first be approved by the Committee of each of the participating constituencies and shall be reflected on the project lists for each of the participating constituencies. (5) Where constituencies have a joint project, the respective constituencies shall jointly coordinate that project.
Section 17Verify source
§ 18Projects to be community-basedProvision

Projects under this Act must be community-based and serve a broad cross section of the local community.

18. (1) A project under this Act shall be community-based for the benefit of a broad cross section of the community of a particular area. Projects to be community- based (2) The funding under this Act shall be for a complete project or a defined phase, unit or element of a project. (3) A project funded under this Act shall be developmental and may include costs related to studies, planning and design or other technical input for the project as may be prescribed. (4) The funds provided under this Act shall not be used for the purpose of supporting political activities or for any other purpose not related to the community development under this Act.
Section 18Verify source
§ 19Community initiatives to be eligibleProvision

A community project may be eligible for support if it is submitted with the other projects and complies with the Act’s requirements. A community may also elect a committee to represent its interests during and after project implementation.

19. (1) A project initiated by a community is eligible for support under this Act where that project is submitted with the other projects in conformity with the requirements of this Act. Community initiatives to be eligible (2) A community may, for the purposes of subsection (1), elect a committee to represent the interests of that community during and after the implementation of the project.
Section 19Verify source
§ 20Cost estimates to be reasonableAmendment

The Committee must consult relevant government departments, rank projects by priority, and note unallocated amounts where a constituency budget is below the allocation. The Minister must keep project costs within the constituency allocation and send back non-compliant project lists for amendment and re-submission.

20. (1) A Committee shall ensure that appropriate consultations with the relevant Government departments are undertaken to ensure that cost estimates for the projects are reasonable. Cost estimates to be reasonable 248 No. 11 of 2018] Constituency Development Fund (2) A Committee shall rank the projects in order of priority and whenever, in the opinion of the local government officer responsible for the province, the total cost of the projects listed exceeds the allocation for a particular constituency, then the order in which they are listed shall be taken as the order of priority for purposes of allocation of funds, except that ongoing projects shall take precedence over all other projects. (3) A Committee shall, where the proposed budget for projects in a constituency is less than the allocation, indicate the difference as an unallocated amount against that particular constituency on that list. (4) A Minister shall ensure that the total cost of a project does not exceed the allocation for the particular constituency. (5) If the project list submitted for funding is in contravention of subsection (4), the Minister shall refer the submission back to the Committee for amendment and re-submission. Implementa- tion of projects
Section 20Verify source
§ 2122. Procurement of services and worksProvision

The council must implement projects under the Act, and a Committee may allow equipment to be used for another constituency despite the general exclusive-use rule.

21. (1) A project under this Act shall be implemented by the council, and where necessary with the assistance of a relevant department of the Government in the district in which the constituency is located. (2) Subject to subsection (3), where a project in a constituency involves the purchase of equipment, that equipment shall remain for the exclusive use of that constituency and in the event of disposal of that equipment the amount realised shall be paid into the account of that constituency. (3) Despite subsection (2), a Committee may authorise the use of equipment for the benefit of another constituency. (4) The equipment purchased from the Fund shall be kept in the custody and management of the council in that constituency. (5) A Committee or its agents shall monitor the project implementation on a monthly basis or as often as necessary depending on the nature and stage of the projects. (6) The evaluation— (a) of the project shall be carried out by a Committee which may include officers from an appropriate Government department; and (b) exercise shall be done on completion of the project but before the disbursement of the following year’s funds. Constituency Development Fund [No. 11 of 2018 249
Section 21Verify source
§ 22Procurement of services and worksProvision

The Public Procurement Act, 2008 applies to projects under this Act for works and services.

22. The provisions of the Public Procurement Act, 2008, apply to a project under this Act with respect to works and services.
Section 22Verify source
§ 23Provincial Local Government OfficerProvision

The Provincial Local Government Officer must oversee provincial projects, keep records of fund disbursements and project progress, and monitor project implementation.

23. (1) The Provincial Local Government Officer shall oversee projects in the Province and shall keep and maintain records of the disbursements of funds and progress of the projects funded under this Act. (2) The Provincial Local Government Officer shall monitor the implementation of projects at the provincial level. Procurement of services and works Act No. 12 of 2008 Provincial Local Government Officer
Section 23Verify source
§ 24Returns for projectsProvision

The local authority must keep a monthly record of receipts and disbursements for every project under the Act.

24. The local authority shall compile and maintain a record showing receipts and disbursements on a monthly basis in respect of every project under this Act . Returns for projects
Section 24Verify source
§ 25Guidelines for approved projectsProvision

The Minister may issue guidelines about payment of funds for approved projects or specialised works, and about what kinds of projects may be undertaken.

25. The Minister may issue guidelines on the— (a) payment of funds for approved projects or specialised Guidelines for approved projects works; and (b) nature of projects to be undertaken. PART V GENERAL PROVISIONS
Section 25Verify source

Part

PART V

§ 26Records of meetingProvision

A Committee must keep a record of proceedings and provide copies of the minutes to the local authority.

26. A Committee shall maintain a record of the proceedings and copies of the minutes shall be availed to the local authority.
Section 26Verify source
§ 27Record of disbursements to be keptProvision

The Town Clerk or Council Secretary must keep and update a monthly accurate record of disbursements for projects in each constituency.

27. The Town Clerk or Council Secretary shall keep and update monthly, an accurate record of disbursements made for projects in each constituency.
Section 27Verify source
§ 28OffencesOffence

A person who misappropriates constituency funds or assets, or helps cause them to be misappropriated or used contrary to the Act, commits an offence.

28. A person who misappropriates funds or assets from the constituency, or assists or causes any person to misappropriate or apply the funds otherwise than in the manner provided in this Act, commits an offence and is liable, on conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a term not exceeding five years, or to both. Records of meeting Record of disburse- ments to be kept Offences
Section 28Verify source
§ 29Provisions of the Act complementaryProvision

This provision says the Act works alongside other government or agency development activities, and funded projects under the Act do not exclude an area from other development programmes.

29. (1) The provisions of this Act shall be complementary to any other development activities by the Government or any other agency, and nothing in this Act shall be taken or interpreted to mean that an area may be excluded from other development programmes by the Government or any other agency. Provisions of Act compleme- ntary (2) For the avoidance of doubt, normal government development allocations shall continue alongside the projects funded under this Act. 250 No. 11 of 2018] Constituency Development Fund Regulations
Section 29Verify source
§ 30RegulationsProvision

The Minister may make regulations by statutory instrument to better carry out the Act.

30. (1) The Minister may, by statutory instrument, make regulations for the better carrying out of the provisions of this Act. (2) Without limiting the generality of subsection (1), regulations made in accordance with subsection (1) may— (a) provide for the identification, prioritisation and classification of projects; (b) provide for the manner of accessing funds from the constituency account; (c) provide for the manner of payments to the contractors; (d) set out general conditions and requirements for release of funds; (e) provide for the administrative costs to be used for administration purposes; and (f) provide for the proper administration of the Fund. Constituency Development Fund [No. 11 of 2018 251 SCHEDULE (Section 5 (5)) CONSTITUENCY DEVELOPMENT FUND COMMITTEE
Section 30Verify source

Part

SCHEDULE

§ 1Short title and commencementShort title

Committee members serve for 2.5 years, may be reappointed once for another 2.5-year term, and can stay in office for up to 3 months after expiry until a replacement is appointed.

1. (1) Subject to the Constitution and other provisions of this Act, a member of a Committee shall hold office for a term of two and a half years from the date of appointment and may be reappointed for a further term of two and a half years. Tenure of office and vacancy Cap. 1 (2) A member shall, on the expiration of the term for which the member is appointed, continue to hold office until another member is appointed, but in no case shall an extension of the period exceed three months. (3) The office of a member becomes vacant— (a) on the member’s death; (b) if the member is adjudged bankrupt; (c) if the member is absent, without reasonable excuse, from three consecutive meetings of the Committee of which the member had notice, without the prior approval of the Chairperson; (d) on the expiry of one month’s notice of the member’s intention to resign, given by the member, in writing, to the Minister; (e) if the member becomes functions of a member; incapable of performing the (f) if the member is convicted of an offence under this Act or any other written law and sentenced to imprisonment for a period exceeding six months without the option of a fine; and (g) if the member ceases to hold the office by virtue of which that member was appointed.
Section 1Verify source
§ 2InterpretationInterpretation

The Minister may appoint a replacement member if a seat becomes vacant before the term ends, and the replacement serves the rest of the unexpired term.

2. The Minister may, where the office of a member becomes vacant before the expiry of the term of office, appoint another member in place of a member who vacates office, but that member shall hold office for the unexpired part of the term. Filling of casual vacancy
Section 2Verify source
§ 3Principles of management, disbursement and utilisation ofProvision

This section sets rules for Committee meetings, including frequency, notice, quorum, voting, invited attendees, and minutes.

3. (1) Subject to the other provisions of this Act, the Committee may regulate its own procedure. Proceedings of Committee (2) A Committee shall meet for the transaction of business at least once in every three months at such places and times as the Chairperson may determine. 252 No. 11 of 2018] Constituency Development Fund (3) A meeting of the Committee may be called by the Chairperson on giving notice of not less than fourteen days, and shall be called by the Chairperson if one-third or more of the members request in writing, except that if the urgency of any particular matter does not permit the giving of such notice, a special meeting may be called on giving a shorter notice. (4) Six members shall constitute a quorum at a meeting of a Committee. (5) There shall preside at a meeting of the Committee— (a) the Chairperson; (b) in the absence of the Chairperson, the Vice-Chairperson; and (c) in the absence of the Chairperson and the Vice- Chairperson, another member that the members present may elect for the purpose of that meeting. (6) A decision of the Committee on any question shall be by a majority of the members present and voting at the meeting and in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to that person’s deliberative vote. (7) A Committee may invite a person whose presence is in its opinion desirable to attend and to participate in the deliberations of the meeting of the Committee, but that person shall have no vote. (8) The validity of any proceedings, acts or decisions of the Committee shall not be affected by any vacancy in the membership of the Committee or by any defect in the appointment of any member or by reason that any person not entitled to do so, took part in the proceedings. (9) The Committee shall cause minutes to be kept of the proceedings of its meetings. Allowances of members
Section 3Verify source

Part

part in the proceedings.

§ 4Role of Minister relating to FundProvision

Committee members are entitled to sitting allowances when performing Committee duties, and the Emoluments Commission determines those allowances.

4. (1) The members of a Committee shall, in carrying out the duties of the Committee, be entitled to sitting allowances as may be determined by the Emoluments Commission. (2) The sitting allowances referred to in subparagraph (1), shall be categorised into rural and urban based allowances for the constituencies. Constituency Development Fund [No. 11 of 2018 253 Disclosure of interest
Section 4Verify source
§ 5Constituency Development Fund CommitteeCommencement

A person at a Committee meeting who has a private interest in a matter must declare it promptly and must not take part in discussion or voting unless the Committee directs otherwise.

5. (1) A person who is present at a meeting of a Committee at which any matter is the subject of consideration and in which matter that person or that person’s relative or associate is directly or indirectly interested in a private capacity shall, as soon as is practicable after the commencement of the meeting, declare interest and shall not, unless the Committee otherwise directs, take part in any consideration or discussion of, or vote on, any question relating to that matter. (2) A disclosure of interest made under subparagraph (1) shall be recorded in the minutes of the meeting at which it is made. (3) A person who contravenes subparagraph (1) commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both.
Section 5Verify source
§ 6Functions of CommitteeOffence

A person must not disclose protected information to an unauthorised person without written consent from or on behalf of the Committee.

6. (1) A person shall not, without the consent, in writing, given by or on behalf of the Committee, publish or disclose to an unauthorised person, otherwise than in the course of duties of that person, the contents of a document, communication or information whatsoever, which relates to, or which has come to the knowledge of, that person in the course of that person’s duties under this Act. Prohibition of publication or disclosure of information to unauthorised person (2) A person who contravenes subparagraph (1) commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both. (3) A person who, having any information which to the knowledge of that person has been published or disclosed in contravention of subparagraph (1), unlawfully publishes or communicates the information to another person, commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both.
Section 6Verify source
§ 7Constituency Development FundProvision

A Committee member is protected from legal action or proceedings for good-faith acts or omissions done while carrying out powers, functions, or duties under the Act.

7. An action or other proceeding shall not lie or be instituted against a member of a Committee in respect of an act or thing done or omitted to be done in good faith in the exercise or performance, of any of the powers, functions or duties conferred under this Act. Immunity 254
Section 7Verify source

Legislative relationships

3 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

1 instrument

  • Act complementary This provision says the Act

    Section 29

G–M

1 instrument

  • Minister relating to Fund The Minister is responsible for implementing the Act

    Section 4

N–S

1 instrument

  • Public Procurement Act, 2008

    Section 22

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