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Constituency Development Fund Act, 2023

This section gives the Act its short title and says it starts on a date set by the Minister by statutory instrument. This section defines several terms used in the Act, including “Committee,” “Fund,” “project,” and other…

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Jurisdiction
Zambia
Structure
35 provisions
Citation
Act 1 of 2024
Dates
As at 18 Apr 2024
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Dates
As at 18 Apr 2024

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01

Purpose and legislative effect

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

This section gives the Act its short title and says it starts on a date set by the Minister by statutory instrument. This section defines several terms used in the Act, including “Committee,” “Fund,” “project,” and other related words. The Fund must be managed, disbursed, and used according to transparency, accountability, efficiency, and effectiveness principles. The Constituency Development Fund Committee continues in each constituency, its members are appointed under this section, the committee elects its chairperson and vice-chairperson, and local planning and finance directorates must provide secretarial and accounting support. The Committee must receive, review, recommend, and consider certain project lists and reports.

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

Section 1

Accountability and transparency

The principal officer must manage the local authority’s finances, keep separate books for the constituency bank account, keep quarterly receipts-and-disbursements records for every project, and submit those records to specified local government officials.

Section 18

Joint and incomplete projects

Local authorities must implement projects in a constituency, register project equipment in the local authority’s name, keep certain Fund-funded equipment under local authority custody, and committees must monitor projects; the Minister…

Section 27

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Source record from zambialii.org · As at 18 Apr 2024

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Showing 35 of 35 provisions

Provision 25Offence 4Short title 2Repeal 2

Part

PART I

§ 12Short title

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

1. This Act may be cited as the Constituency Development Fund Act, 2023, and shall come into operation on the date appointed by the Minister by statutory instrument. Short title and commencement
Section 1Verify source
§ 23Repeal

This section defines several terms used in the Act, including “Committee,” “Fund,” “project,” and other related words.

2. In this Act, unless the context otherwise requires— Interpretation “associate” has the meaning assigned to the word in the Anti-Corruption Act, 2012; “Committee” means the Constituency Development Fund Committee continued under section 4; “community”means a geographically defined group of persons or sector of the public with a specific ascertainable common interest; Act No. 3 of 2012 4 No. 1 of 2024] Constituency Development Fund Cap. 1 the Constitution; “constituency” has the meaning assigned to the word in “constituency bank accounts” means bank accounts maintained for each constituency in accordance with section 16; “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; “gross misconduct” has the meaning assigned to the words in the Constitution; “integrated development plan” has the meaning assigned to the words in the Urban and Regional Planning Act, 2015; “local authority” has the meaning assigned to the words in Cap. 1 Cap. 1 Cap. 1 Cap. 1 Act No.3 of 2015 Cap. 1 the Constitution; Act No. 2 of 2019 Act No. 2 of 2019 Cap. 1 Act No. 3 of 2012 Act No.11 of 2018 “principal officer” has the meaning assigned to the words in the Local Government Act, 2019; “project” means a constituency development project and includes — (a) a project initiated by a person or a community for the benefit of the community as specified in the guidelines issued under section 33; and (b) any other project as determined by the Minister; “project list” means a list that contains project proposals from a ward; “Provincial Local Government Officer” means a person appointed as a Provincial Local Government Officer in accordance with the Local Government Act, 2019; “Provincial Minister” has the meaning assigned to the words in the Constitution; “relative” has the meaning assigned to the word in the Anti- Corruption Act, 2012; “repealed Act” means the Constituency Development Fund Act, 2018; Constituency Development Fund [No. 1 of 2024 5 Act No.13 of 2010 Cap. 1 Act No. 2 of 2019 Act No. 6 of 2012 Act No. 16 of 2009 Principles of management, disbursement and utilisation of Fund Continuation of Constituency Development Fund Committee “Unit” has the meaning assigned to the word in the Disaster Management Act, 2010; “ward” has the meaning assigned to the word in the Constitution; “Ward Development Committee” means the Ward Development Committee established under the Local Government Act, 2019; “Zambia Agency for Persons with Disabilities” means the Zambia Agency for Persons with Disabilities established under the Persons with Disabilities Act, 2012; and “Zambia Congress of Non-Governmental Organisations” means the Zambia Congress of Non-Governmental Organisations established under the Non-Governmental Organisations’ Act, 2009.
Section 2Verify source
§ 3Short title and commencementShort title

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

3. The management of, disbursement from, and utilisation of the Fund shall be made in accordance with the following principles: (a) transparency; (b) accountability; (c) efficiency; and (d) effectiveness. PART II THE CONSTITUENCY DEVELOPMENT FUND COMMITTEE AND PROVINCIAL CONSTITUENCY DEVELOPMENT FUND COMMITTEE
Section 3Verify source

Part

PART II

§ 4Continuation of Constituency Development Fund CommitteeRepeal

The Constituency Development Fund Committee continues in each constituency, its members are appointed under this section, the committee elects its chairperson and vice-chairperson, and local planning and finance directorates must provide secretarial and accounting support.

4. (1) The Constituency Development Fund Committee established in each constituency under the repealed Act is continued as if established under this Act. (2) The Committee in each constituency consists of the following part-time members appointed by the Provincial Minister of the area in which a constituency is located: (a) one representative of the community elected from among the members representing a community in the Ward Development Committee in a constituency or, where the constituency has two or more Ward Development Committees, two representatives of the community nominated by the Member of Parliament from the constituency; (b) three councillors in a constituency, two of whom are 6 No. 1 of 2024] Constituency Development Fund elected by the councillors in the constituency and one 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 director responsible for planning at the local authority in which the constituency is located; (e) a director responsible for works or engineering services at the local authority in which the constituency is located; (f)a director or any person responsible for finance at the local authority in which the constituency is located; (g) a representative of a civil society organisation operating and located in a constituency nominated by the local authority from among the non-governmental organisations located in the constituency in consultation with the Member of Parliament in a constituency; (h) a representative of a religious organisation operating and located in a constituency nominated by the Member of Parliament from the constituency; (i) a Member of Parliament from the constituency; (j) a District Commissioner in a constituency; (k) a representative of the Zambia Agency for Persons with Disabilities nominated in consultation with the Member of Parliament in a constituency; (l) a representative of the youths from a youth organisation operating and located in a constituency nominated by the local authority in consultation with the Member of Parliament in a constituency; (m) a representative of women nominated by a local authority from a women’s organisation operating and located in a constituency in consultation with the Member of Parliament in a constituency; and (n) a person with proven knowledge and experience in matters relating to development and community service nominated by the Member of Parliament in a constituency. Constituency Development Fund [No. 1 of 2024 7 (3) The members of the Committee shall elect the Chairperson and the Vice-Chairperson from among themselves, except that a member referred to in subsection (2) (b), (d), (e), (f), (i) and (j) shall not qualify for appointment as a Chairperson or Vice-Chairperson. (4) The Directorate of planning and finance in the local authority in a district shall provide the necessary secretarial and accounting services, respectively, to a Committee in the performance of its functions under this Act.
Section 4Verify source
§ 5Functions of CommitteeProvision

The Committee must receive, review, recommend, and consider certain project lists and reports.

5. The functions of the Committee are to— (a) receive a proposed — Functions of Committee Tenure of office and vacancy Cap. 1 (i) project list from the Ward Development Committee within the constituency; and (ii) joint project with other constituencies; (b) review the project list received under paragraph (a) from the Ward Development Committee and recommend to a Provincial Local Government Officer a proposed project list; and (c) receive and consider annual reports and returns from the constituency.
Section 5Verify source
§ 6Tenure of office and vacancyOffence

Committee members serve for two and a half years, may be re-appointed once for another two and a half years, and can stay on for up to three months after expiry until a replacement is appointed. The Provincial Minister must appoint a replacement if a seat becomes vacant early.

6. (1) Subject to the Constitution and this Act, a member of a Committee shall, except for the members referred to under section 4 (2) (d), (e), (f), (i) and (j), hold office for a term of two and a half years from the date of appointment and may be re- appointed for a further term of two and a half years. (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 and without the prior approval of the Chairperson, from three consecutive meetings of the Committee of which the member had notice; (d) on the expiry of one month’s notice of the member’s intention to resign, given by the member, in writing, to the Provincial Minister; 8 No. 1 of 2024] Constituency Development Fund (e) if the member becomes legally disqualified from performing the functions of a member; (f) if the member is convicted of an offence under this Act or any other written law and sentenced to imprisonment for a term exceeding six months without the option of a fine; (g) if the member is removed by the Provincial Minister on the grounds of gross misconduct; and (h) if the member ceases to hold the office by virtue of which that member was appointed. (4) The Provincial Minister shall, 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. Proceedings of Committee
Section 6Verify source
§ 7Proceedings of CommitteeProvision

The Committee may manage its own procedure, must meet at least every three months, and must keep minutes. The Chairperson can set meeting times and places, call meetings with at least 14 days’ notice (or shorter notice in urgent cases), and has a casting vote if votes are tied.

7. (1) Subject to the other provisions of this Act, a Committee may regulate its own procedure. (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. (3) A meeting of the Committee may be called by the Chairperson on giving notice of not less than fourteen days or where one-third or more of the members so 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) Eight of the members of a Committee 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. Constituency Development Fund No. 1 of 2024 9 (7) The members referred to under section 4 (2) (d), (e) and (f) shall have no vote at a meeting of the Committee. (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) Where a member is for any reason unable to attend any meeting of the Committee, the member may, in writing, nominate another person from the same institution or organisation to attend such meeting in that member’s stead and such person shall be deemed to be a member for the purpose of that meeting. (10) The Committee shall cause minutes to be kept of the proceedings of its meetings. (11) The Committee may for purposes of performing its functions constitute sub-committees and delegate to such sub- committees any of its functions.
Section 7Verify source
§ 8Allowances of membersProvision

Committee members are entitled to sitting allowances, which the Emoluments Commission determines.

8. (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. Allowances of members Declaration of interest (2) The sitting allowances referred to in subsection (1), shall be categorised into rural and urban based allowances for the constituencies.
Section 8Verify source
§ 9Declaration of interestCommencement

A person at a Committee meeting must declare a private interest quickly and must not join the discussion or vote unless the Committee allows it.

9. (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 the 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 subsection (1) shall be recorded in the minutes of the meeting at which the disclosure is made. (3) A person who contravenes subsection (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 both. 10 No. 1 of 2024] Constituency Development Fund Prohibition of publication or disclosure of information to unauthorised person Immunity Functions of Provincial Local Government Officer
Section 9Verify source
§ 10Prohibition of publication or disclosure of information to unauthorisedOffence

A person must not publish or disclose certain information learned through duties under the Act unless the Committee gives written consent.

10. (1) A person shall not, without the consent, in writing, given by or on behalf of the Committee, publish or disclose to a 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. (2) A person who contravenes subsection (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 subsection (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 10Verify source
§ 11ImmunityProvision

Members of the Committee or a sub-committee are protected from legal proceedings for acts or omissions done in good faith while carrying out their Act-based powers, functions, or duties.

11. An action or other proceeding shall not lie or be instituted against a member of a Committee or sub-committee of the 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.
Section 11Verify source
§ 12Functions of Provincial Local Government OfficerProvision

The Provincial Local Government Officer must review project lists, approve or reject project proposals under the guidelines, submit project reports, and consolidate project-status returns for the Permanent Secretary.

12. The functions of Provincial Local Government Officer are to — (a) receive and review project lists from a Committee and approve or reject the project proposals as specified in the guidelines; (b) submit a report of projects to the Permanent Secretary in the ministry responsible for local government; and (c) receive and consolidate returns on the status of approved projects from local authorities for submission to the Permanent Secretary in the ministry responsible for local government. Constituency Development Fund [No. 1 of 2024 11 PART III CONSTITUENCY DEVELOPMENT FUND
Section 12Verify source

Part

PART III

§ 13FundProvision

The Fund is made up of specified public and other monies, and funding under the Act is for a project or a defined phase, unit, or element of a project.

13. (1) The Fund consists of— (a) monies appropriated by Parliament for the purposes of the Fund; (b) monies received by way of grants, fees, or council contributions; Fund (c) monies received by way of donations from any source, with the approval of the Minister; (d) monies as may vest in, or accrue to, the Fund; and (e) monies as may, by or under any law, be payable to the Fund. (2) Subject to section 14, the funding under this Act shall be for a project or a defined phase, unit or element of a project.
Section 13Verify source
§ 14Purpose of FundProvision

Fund money must be used only for approved constituency projects and permitted administrative expenses, and must not be used for political or unrelated purposes.

14. (1) There shall be paid from the Fund monies for an approved project in a constituency. Purpose of Fund (2) The monies of the Fund shall be used for — (a) constituency projects approved by a Provincial Local Government Officer; and (b) the payment of administrative expenses of the Fund not exceeding an amount prescribed by the Minister. (3) A project funded under this Act shall be— (a) developmental and may include costs related to planning and design or other technical input for purposes as may be prescribed; and (b) community-based for the benefit of a broad cross section of the community of a particular area. (4) The Fund shall not be used for — (a) any purposes other than disbursements to constituency bank accounts to meet costs of approved projects; (b) supporting political activities; or (c) for any other purpose not related to a project. 12 No. 1 of 2024] Constituency Development Fund Administration of Fund Constituency bank accounts
Section 14Verify source
§ 15Administration of FundProvision

The ministry responsible for local government must manage and administer the Fund for the purposes set out in the Act.

15. The Fund shall be managed and administered by the ministry responsible for local government for the purposes specified under this Act.
Section 15Verify source
§ 16Constituency bank accountsProvision

A local authority must open and run a constituency bank account for each constituency and deposit fund monies into it; the local authority may choose the commercial bank, and the Minister may determine additional constituency bank accounts.

16. (1) A local authority shall open and operate a constituency bank account in the name of each constituency at a commercial bank that the local authority may determine, in which the monies received for the purposes of the fund shall be deposited and kept. (2) The following constituency bank accounts shall be opened for the purposes of subsection (1): (a) the general constituency development fund account; (b) the constituency development fund loan revolving account; and (c) any other constituency bank account that the Minister may determine. Disbursement from Fund and constituency account
Section 16Verify source
§ 17Disbursement from Fund and constituency accountProvision

A local authority must use the constituency bank account for approved projects and send quarterly records and bank statements to the Permanent Secretary, with copies to the Provincial Local Government Officer.

17. (1) A disbursement from the Fund shall be made to the constituency bank account maintained and managed by the local authority as the spending agency. Accountability and transparency (2) A local authority shall disburse funds from the constituency bank account for projects approved by a Provincial Local Government Officer. (3) A local authority shall submit a record of the amounts received by a constituency and a record of expenditure, together with a copy of the relevant bank statement, to the Permanent Secretary within the ministry responsible for local government within ten days after the end of each quarter, and copies to the Provincial Local Government Officer.
Section 17Verify source
§ 18Accountability and transparencyProvision

The principal officer must manage the local authority’s finances, keep separate books for the constituency bank account, keep quarterly receipts-and-disbursements records for every project, and submit those records to specified local government officials.

18. (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 bank account. (2) The principal officer shall compile and maintain or cause to be compiled or maintained a record showing receipts and disbursements on a quarterly basis in respect of every project under this Act. (3) The principal officer shall submit the record referred to in subsection (2) to the Permanent Secretary within the ministry responsible for local government, and copies to a Provincial Local Government Officer. Constituency Development Fund [No. 1 of 2024 13
Section 18Verify source
§ 19Funds to be retainedProvision

A local authority must keep unutilised funds in a constituency bank account at each financial year end and use those funds only for the purposes of the Fund and the constituency bank accounts.

19. A local authority shall retain unutilised funds in a constituency bank account at the end of each financial year and those funds shall be utilised for the purposes for which the Fund and the constituency bank accounts are established. Funds to be retained
Section 19Verify source
§ 20Accounts and auditProvision

The ministry must set up prudent controls for the Fund, the Minister must ensure proper accounting records are kept, and the Fund must be audited annually; the ministry also pays the auditor’s fees.

20. (1) The ministry responsible for local government 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 responsible for local government.
Section 20Verify source
§ 21Annual reportProvision

The Minister must prepare and submit the Fund’s annual financial report to the Auditor-General, the Auditor-General must review it and give an opinion, and the Minister must then table the report and opinion before the National Assembly.

21. (1) The Minister shall, within three months after the end of each financial year, prepare and submit to the Auditor- General the financial report of the Fund in respect of the preceding financial year. (2) The Auditor-General shall, within two months of receipt of the financial report, examine the financial report and express an opinion on the report. (3) The Minister shall, within one month after the receipt of the Auditor-General’s opinion, lay the financial report, with the Auditor-General’s opinion, before the National Assembly. (4) The financial report shall include information on — (a) the statement of receipt and payments; (b) the statement of comparison of budget and actual amounts received for the Fund; and (c) other information that the Minister may determine. Annual report
Section 21Verify source
§ 22Variation of fundsProvision

Project fund variations must follow the Public Finance Management Act, 2018.

22. The variation of funds of a project shall be performed in accordance with the Public Finance Management Act, 2018. Variation of funds Act No. 1 of 2018 14 No. 1 of 2024] Constituency Development Fund Invitation for project proposals PART IV CONSTITUENCY DEVELOPMENT PROJECTS
Section 22Verify source

Part

PART IV

§ 23Invitation for project proposalsProvision

Local authorities must invite community project proposals, and the Ward Development Committee must prepare and submit a proposed project list after receiving proposals.

23. (1) A local authority shall, in consultation with a Committee, invite project proposals for submission to the Ward Development Committee from a community within the period specified in the guidelines issued under section 33. (2) A local authority shall, invite project proposals by way of public awareness, meetings, fixing of posters in public places, public address systems and through local authority websites, social media platforms and other electronic media. (3) A Ward Development Committee shall, on receipt of the project proposals from a community in accordance with subsection (1) prepare and submit a proposed project list to the Committee within a period specified in the guidelines issued under this Act. (4) The Ward Development Committee shall, in preparing and submitting a proposed project list under subsection (3), ensure that the proposed project list is in line with the integrated development plan and any other planning document in the area where the constituency is located. Review of proposed project list by Committee
Section 23Verify source
§ 24Review of proposed project list by CommitteeProvision

The Committee must review proposed project lists and estimated costs, check that estimates are reasonable, rank projects by priority, and show any shortfall as an unallocated amount.

24. (1) A Committee shall, on receipt of a proposed project list from a Ward Development Committee under section 23, review the proposed project list and estimated costs of the proposed projects. (2) A Committee shall, in consultation with relevant government departments, ensure that the cost estimates for the proposed projects are reasonable in accordance with the guidelines issued under this Act. (3) A Committee shall, in considering the proposed project list submitted by a Ward Development Committee, rank the proposed projects in order of priority and whenever the total cost of the projects listed exceeds the allocation for a particular constituency, the order in which the proposed projects are listed shall be taken as an order of priority for purposes of allocation of funds, except that ongoing projects may take precedence over other projects. (4) 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 the proposed project list. Constituency Development Fund [No. 1 of 2024 15
Section 24Verify source
§ 25Submission of proposed project list to Provincial Local GovernmentProvision

The Committee must recommend approval of the proposed project list to the Provincial Local Government Officer, and the Officer must decide on it within 14 days, handle rejections, keep costs within the constituency allocation, and publish approved lists.

25. (1) A Committee shall, after a review of the proposed project list under section 24, recommend the approval of the proposed project list to a Provincial Local Government Officer within the period specified in the guidelines, in a prescribed manner and form to ensure timely release of funds. Submission of proposed project list to Provincial Local Government Officer (2) A Provincial Local Government Officer shall, within fourteen days of the receipt of a proposed project list under subsection (1), approve or reject the proposed project list. (3) A proposed project list shall be deemed to have been granted where the Provincial Local Government Officer fails to inform the Committee of its decision within the period specified under subsection (2). (4) A Provincial Local Government Officer shall, where the Provincial Local Government Officer rejects a proposed project list under subsection (2), inform the Committee of the rejection, stating the reasons for the rejection, and refer the proposed project list back to the Committee for re-consideration and re- submission within fourteen days of the receipt of the Provincial Local Government Officer’s decision. (5) A Provincial Local Government Officer shall ensure that the total cost of the projects on a project list does not exceed the allocation for a particular constituency. (6) Subsections (2) and (3) shall apply to the consideration of a proposed project list that is referred back to the Committee under subsection (4). (7) A Provincial Local Government Officer shall cause to be published the approved project list in the Gazette and any other electronic media platform, except that the requirement to publish shall not affect the implementation of an approved project in accordance with the criteria set out in the guidelines. (8) A project approved by a Provincial Local Government Officer shall be completed within the period set out in a contract entered into for the execution of the works.
Section 25Verify source
§ 2627Provision

Constituencies may share costs for joint projects, but the joint-project decision must first be approved by each participating constituency’s Committee; joint projects must also be coordinated by the constituencies.

26. (1) An incomplete project from a previous financial year shall remain on the project list for purposes of the total number of projects. Joint and incomplete project (2) Constituencies may share costs for joint projects, except that the decision for the 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. 16 No. 1 of 2024] Constituency Development Fund Implementation of projects Procurement of services and works Act No. 8 of 2020 Implementation of disaster related projects (3) Where constituencies have a joint project, the respective constituencies shall jointly coordinate that project.
Section 26Verify source
§ 27Joint and incomplete projectsProvision

Local authorities must implement projects in a constituency, register project equipment in the local authority’s name, keep certain Fund-funded equipment under local authority custody, and committees must monitor projects; the Minister may set evaluation intervals.

27. (1) A project under this Act shall be implemented by a local authority in a constituency, 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 subsections (3) and (4), where a project in a constituency involves the purchase of equipment, that equipment shall be registered in the name of a local authority in a constituency and remain for the 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) Equipment purchased in a constituency from the monies of a Fund shall be kept in the custody and management of a local authority in that constituency. (4) A local authority in a constituency may, in consultation with a Committee in a constituency, authorise the use of equipment for the benefit of another constituency subject to the agreement of all the relevant parties. (5) A Committee or its agents shall monitor the project implementation on a quarterly basis or as often as necessary depending on the nature and stage of the projects. (6) The evaluation of a project shall be undertaken during the implementation of the project at intervals that the Minister may determine, and on completion of the project.
Section 27Verify source
§ 28Procurement of services and worksProvision

The Public Procurement Act, 2020 applies to projects under this Act for works and services.

28. The provisions of the Public Procurement Act, 2020, shall apply to a project under this Act with respect to works and services.
Section 28Verify source
§ 29Implementation of disaster related projectsProvision

The Minister must develop guidelines for implementing disaster-related projects in a constituency, after consulting the Unit.

29. Despite sections 23 to 24, the Minister shall, in consultation with the Unit, develop guidelines on the manner and procedure of implementing disaster related projects in a constituency arising from a disaster or emergency caused by natural occurrences. Constituency Development Fund [No. 1 of 2024 17 PART V GENERAL PROVISIONS (1)
Section 29Verify source

Part

PART V

§ 30AppealsProvision

A person or committee aggrieved by a Provincial Local Government Officer’s decision may appeal to the Minister within 14 days, and the Minister must hear and determine the appeal within 14 days of receiving it.

30. A person or Committee aggrieved with a decision of a Provincial Local Government Officer may, within fourteen days of receipt of the decision, appeal to the Minister. (2) The Minister shall, within fourteen days of receipt of an appeal under subsection (1), hear and determine the appeal.
Section 30Verify source
§ 31OffencesOffence

A person who misappropriates constituency funds or assets, or helps cause that misuse, commits an offence and can be penalized under the Public Finance Management Act, 2018.

31. 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 penalty as specified in the Public Finance Management Act, 2018.
Section 31Verify source
§ 32Provisions of the Act complementaryOffence

This section says the Act works alongside other government or agency development activities and should not be read as excluding an area from other development programmes.

32. (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. (2) Subject to subsection (1), normal Government development allocations shall continue alongside the projects funded under this Act. Appeals Offences Act No. 1 of 2018 Provisions of Act complementary
Section 32Verify source
§ 33GuidelinesProvision

The Minister may issue guidelines about projects, including how they are started, identified, prioritised, classified, implemented, monitored, and evaluated.

33. The Minister may issue guidelines on — Guidelines (a) the initiation and nature of projects to be undertaken; (b) the identification, prioritisation and classification of projects; (c) the manner of implementing, monitoring and evaluating projects; and (d) any other matter that the Minister may determine.
Section 33Verify source
§ 34RegulationsProvision

The Minister may make Regulations by statutory instrument to better carry out this Act.

34. The Minister may, by statutory instrument, make Regulations for the better carrying out of the provisions of this Act. Regulations
Section 34Verify source
§ 35Repeal of Act No. 11 of 2018 and savings and transitional provisionsCommencement

This section repeals the Constituency Development Fund Act, 2018 and sets transitional rules for Committee members and projects.

35. (1) The Constituency Development Fund Act, 2018, is repealed. Repeal of Act No. 11 of 2018 and savings and transitional provisions 18 No. 1 of 2024] Constituency Development Fund (2) Despite subsection (1), a person who immediately before the commencement of this Act held office as a member of the Committee shall continue to hold office as a member for a period of three months, after which the Provincial Minister shall appoint the members of the Committee in accordance with this Act. (3) Projects approved and implemented in accordance with the repealed Act shall be considered to have been approved under this Act and shall, on commencement of this Act, be implemented in accordance with this Act. (4) A proposed project list pending approval under the repealed Act shall, on commencement of this Act, be approved in accordance with this Act.
Section 35Verify source

Legislative relationships

5 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

3 instruments

  • Act complementary This section says the Act

    Section 32

  • Committee in accordance with this Act

    Section 35

  • Fund not exceeding an amount prescribed by the Minister. (3) A project funded under this Act

    Section 14

N–S

2 instruments

  • Non-Governmental Organisations established under the Non-Governmental Organisations’ Act, 2009

    Section 2

  • Public Procurement Act, 2020

    Section 28

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  • 18 Apr 2024 · currentEnglish

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