VOLUME 16

CONTENTS

Chapter 281. Local Government Act

Chapter 282. Local Government Elections Act

Chapter 283. Town and Country Planning Act

Chapter 284. Local Authorities Superannuation Fund Act

Chapter 285. Vacant

Chapter 286. Provincial and District Boundaries Act

Chapter 287. Chiefs Act

Chapter 288. District Messengers Act

Chapter 289. Registration and Development of Villages Act

Chapter 290. Markets Act

Chapter 291. Gwembe District Special (Dissolution) Act

Chapter 292. Vacant

Chapter 293. Vacant

Chapter 294. Vacant

CHAPTER 281
THE LOCAL GOVERNMENT ACT

ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY

Section
1. Short title
2. Interpretation
PART II
ESTABLISHMENT OF COUNCILS

3. Establishment of Councils and Management Boards

4. Cities
5. Changes Affecting Districts

PART III
CONSTITUTION OF COUNCILS

6. Incorporation of Councils
7. Corporate name of council
8. Seal
9. Composition of Council
10. Repealed by Act No. 30 of 1995
11. Disqualification of councillors
12. Election of Councillors
13. Tenure of office of councillors
14. Vacation of office by councillor
15. Filling of casual vacancy
16. Election of Mayor, Deputy Mayor, Chairman and Vice
Chairman
17. Tenure of office of mayor, deputy mayor, chairman and
vice-chairman
18. Vacation of office
19. Filling of Casual vacancies of Mayor or Chairman during
vacancy absence
20. Discharge of functions of Mayor or Chairman during vacancy
or absence
21. Validity of discharge of functions

PART IV
PROCEEDINGS OF COUNCILS

22. Ordinary and special meetings

23. Notice of meetings
24. Quorum
25. Presiding in council
26. Voting in council
27. Disability for voting on account of interest in contracts
28. Adjournment of meetings
29. Admission of public to meetings
30. Minutes

PART V
COMMITTEES

31. Standing and occasional committes

32. Membership of committees
33. Proceedings of committees
34. Minutes
35. Delegation of functions of council to committees
36. Reports by committees
37. Sub-committees

PART VI
FINANCE

38. Financial year

39. Estimates of revenues and expenditure
40. General and special funds
41. Arrangements for handling receipts and payments
42. Banking accounts
43. Accounts
44. Investment
45. Government grants and loans
46. Financial regulations
47. Authority to borrow and modes of borrowing
48. Foreign borrowing prohibited
49. Security for borrowing and priorities of securities
50. Suspension of repayment of sums borrowed
51. Lenders relieved from certain inquiries.
52. Appointment and remuneration of auditor
53. Functions of auditor
54. Production of documents and taking of evidence
55. Deposit of accounts and representation thereon
56. Report of auditor
57. Powers of disallowances and surcharges
58. Appeals against disallowances and surcharges
59. Payment and recovery of surcharges
60. Inspections and extraordinary audits

PART VII
FUNCTIONS

61. Power to discharge scheduled functions

62. General provision with respect to discharge of functions
63. Contracts
64. Standing orders
65. Acquisition of land
66. Acceptance of gifts of property
67. Disposal of property
68. Grants and loans by councils
69. Imposition of levies
70. Imposition of other fees and charges
71. Power to pay certain fees, allowances and expenses
72. Pensions and gratuities for officers employees and dependants
73. Aldermen
74. Freemen
75. Power of Minister to confer additional functions on councils

PART VIII
BY-LAWS AND REGULATIONS
 Power to Make By-laws
76. Power to make by-laws
77. Language of by-laws
Conferring of powers on officers and agents of council
Penalties
By-laws not to conflict with other written laws
Notice of by-laws and objection thereto
Confirmation of by-laws
Power of Minister to amend or revoke by-laws
Power to make regulations
Application of regulations
Regulations to prevail over by-laws or standing orders
References in other written laws

PART IX
LOCAL GOVERNMENT ADMINISTRATOR

88. Appointment of Local Government Administrator and

discharge by him of functions of council
89. Revocation of appointment Order

PART X
LOCAL GOVERNMENT SERVICE AND THE LOCAL
GOVERNMENT SERVICE COMMISSION

90. Councils may appoint staff

91. Secondment to another Council
92. Regulations
93. Establishment of Provincial Local Government Appeals
Boards
94. Provisions relating to office of member
95. Allowances
96. Secretary
97. Immunity of members
98. Oath of office
99. Powers of Boards
100. Performance of functions of Boards
101. Offence of supplying false information
102. Certain Communications to be priviledged
103. Unauthorised disclosure of information
104. Offence to influence to attempt to influence Board
105. Repealed by Act No. 30 of 1995
106. Fiat of Director of Public Prosecutions

PART XI
FIRE SERVICE

107. Fire Services

PART XII
MISCELLANEOUS PROVISIONS

108. Authentication of documents and execution of deeds

109. Inspection of documents
110. Public notice
111. Service of documents
112. Legal proceedings
113. Evidence
114. Penalties for obstruction
115. Powers of arrest
116. Protection for officers and employees of council acting in good
faith
117. Validity of discharge of functions by officers and employees
of council
118. Provincial and District Local Government Officers
119. Powers of Minister to approve or determine matters
120. Inquiries

PART XIII
 REPEAL, SAVINGS AND TRANSITIONAL

121. Repeal and Transitional provisions

122. Savings
123. Savings and transitional provisions consequent on the
enactment of Act No. 30 of 1995
FIRST SCHEDULE-Transfer and vesting powers
SECOND SCHEDULE-Functions of councils
THIRD SCHEDULE-Oath of members of commission
FOURTH SCHEDULE-Oath of Secretary and other employees of
council

CHAPTER 281
LOCAL GOVERNMENT ACT

An Act to provide for an integrated three tier local administration Act No.
system; to define the functions of local authorities; to repeal the Local 22 of 1991
Act No.
Administration Act and certain related laws; and to provide for matters 19 of 1992
connected with or incidental to the foregoing. 30 of 1993
[6th September, 1991] 13 of 1994
30 of 1995
22 of 1995
9 of 2004

ENACTED by the Parliament of Zambia. Enactment

PART I

PRELIMINARY

1. (1) This Act may be cited as the Local Government Act. Short title

2. In this Act, unless the contest otherwise requires- Interpretation

"area", in relation to a council, means the District for which the council
has been established under this Act;

"Board" means a Provincial Local Government Appeals Board

established under section ninety-three.
"building" includes any structure, whether of a permanent or temporary
nature, and a part of a building or structure;

"city" means a District for which a city is established under this Act;

"city council" means a city council established under this Act;

"committee" means a committee of a council;

"control" includes, regulate, inspect, supervise and licence;

"council" means a city council, municipal council, or district council;

"councilor" means a person elected under the Local Government

Elections Act as a councillor;

"district council" means a district council established under this Act;

"District" means a District declared under the Provincial and District Cap. 286
Boundaries Act;

"employee" in relation to a council, means a person employed by a local

authority other than an officer;

"erection" in relation to a building, includes the alteration or

enlargement of a building;

"establish" when used relating to the functions of a council, includes

acquire, erect, build, construct, name, hire, equip and furnish;

"financial regulations" means regulations made under section forty-six

of this Act;

"land" shall have the meaning assigned thereto by the Land Act; Cap. 184

"levy" means a levy imposed under this Act;

"maintain," when used in relation to the functions of a council, includes

carry on, manage, operate and keep in repair;

"member" means a member of the Board;

"municipal council" means a municipal council established under this

Act;

"municipality" means a District for which a municipal council is

established under this Act;

"officer", in relation to a council, means a person employed in the

permanent establishment of a council, and includes a person appointed
on probation in such establishment;

"principal officer" means of the Chief Executive Officer of a council

and includes any person for the time being discharging the functions of
the Chief Executive Officer;

"private street" means any street other than a public street;

"property" includes all property, movable and immovable, and all

estates, interest, easements and rights whether equitable or legal;

"the public", when used in relation to meetings of a council or

committee, includes representatives of the Press;

"public street" means-

(a) any street entered in a register of streets and roads compiled and
maintained by a council; and

(b) any street which is taken over by a council and designated as a

public street;

"Secretary" means the Secretary of a Board holding office in accordance

with section ninety-six;

"street" includes any bridge, road, avenue, lane, sanitary lane, footway
or causeway and any pavement of footwalk forming part thereof;
"transfer and vesting order" means a statutory order made under section
five or section one hundred and twenty;

"treasurer", in relation to any council for which no treasurer has been

appointed, means the principal officer of the council;

"water-course" includes a canal and a canoe channel;

"water main" includes conduits, pipelines, valves, valve chambers,

meters, meter-houses, break-pressure tanks, scour chambers, scour
pipes, culverts, cuts, bridges, tunnels and all other things necessary in
connection with any water main;

"waterworks" includes streams, springs, weirs, boreholes, dams,

pumping stations, reservoirs, tanks, sluices, machinery, buildings, lands
and all other works and things necessary for taking, impounding,
discharging, storing, treating and filtering water.
(As amended by Act No. 19 of 1992 and Act No. 30 of 1995)

PART II

ESTABLISHMENT OF COUNCILS

3. For the purposes of local government, the Minister may, by statutory Establishment
order, establish for any District, a city council, municipal council, of councils and
district council, township council or management board as the case may management
be, and the name of the council or management board shall include the boards
name of the District:

Provided that a township council or management board shall be

established under this section only on the recommendation of the
appropriate city council, municipal council or district council.
As amended by Act No. 19 of 1992

4. (1) The President, may by statutory proclamation, confer on any Cities

municipal council established therefor the status respectively of a city
and a city council and shall determine the name by which such city and
city council shall be known.
(2) On and after the date on which a proclamation under this section has
effect, any reference in any written law, contract or other instrument or
document to the name of the municipality or municipal council to which
the proclamation relates shall be constructed as a reference to the name
of the city or city council, as the case may be, as determined by the
proclamation.

5. (1) Whenever as a consequence of any statutory order made by the Changes

President under the Provincial and District Boundaries Act- affecting
Districts
Cap. 286

(a) a new District is established;

(b) the area of any District is altered;

(c) a District ceases to exist;

the Minister may, by statutory order (in this Act referred to as a transfer
and vesting order), make any such provisions as may be in accordance
with the First Schedule for such changes as are necessary or appropriate
as regards the constitution, property, rights, obligation and staff of, and
any other matter relating to, any council affected by a change in its area,
any new council or any council established for a District which ceases to
exist.

(2) Where a District ceases to exist, a transfer and vesting order made in
respect of the council established for that District shall include provision
for the disestablishment of the council.

(3) Where the name of any District is changed, the name of the council
established for that District shall be changed to conform with that of the
District.

PART III

COUNSTITUTION OF COUNCIL
Councils

6. Every council shall be a body corporate with perpetual succession Incorporation of

and a common seal, capable of suing and of being sued in its corporate councils
name, and with power, subject to the provisions of this Act and of any
other written law, to do all such other acts and things as a body corporate
may do by law and as are necessary for, or incidental to, the carrying out
of its functions and powers as set out in this Act.

7. (1) Subject to the provisions of subsections (1) and (2) of section Corporate name
four, the corporate name of a council shall be such name as may be of council
assigned thereto in the statutory order establishing the council.

(2) The Minister may, subject to the provisions of subsection (1) by

statutory order and after consultation with the Council, alter the
corporate name of a council.

8. (1) The common seal of a council shall be such device as may be Seal
prescribed by the Minister by statutory order after consultation with the
council.

(2) A council may use such rubber stamp in lieu of a common seal as the
Minister may approve until such time as a common seal can be
procured.

9. (1) A council shall consist of- Composition of

council

(a) the members of Parliament in the district;

(b) two representatives of the Chiefs, appointed by all the Chiefs in

the district; and

(c) all the elected councillors in the district.

(2) After consultation with a council, the Minister may, by statutory

order, alter the number of councillors of which the council consists.
(As amended by Act No. 19 of 1992 and Act No. 30 of 1995)

10. Repealed by Act No. 30 of 1995.

11. No person shall be qualified for election as a councillor who is Disqualification

disqualified from election to a council under the Local Government of councillor
Elections Act.

12. (1) The councillors of a council who are required to be elected shall Election of
be elected in accordance with the provisions of the Local Government Councillors
Elections Act. Cap. 282

(2) A representative of the Chief shall be appointed to hold office under

paragraph (b) of subsection (1) of section nine in such manner, and for
such term, not exceeding three years, as the chiefs in the district shall
determine.
(As amended by Act No. 30 of 1995)

13. Subject to sections fourteen and fifteen, the councillors of a council Tenure of office
shall hold office for the duration of the period prescribed under the of Councillors
Local Government Elections Act.

14. (1) The office of a councillor shall become vacant- Vacation of

office by
councillor

(a) if the holder of the office dies or resigns from his office by notice
in writing addressed to the council; or

(b) if the circumstances arise that, if the holder of the office were not
a councillor would disqualify him for election as such; or

(c) if the holder of the office accepts any remuneration for or on

account of anything done as a councillor, other than a fee or allowance
authorised by or under this Act; or

(d) if, having been elected to office as the endorsed candidate of a

political party, the holder of the office ceases to be a member of that
party; or

(e) if the holder of the office-

(i) being a member of a political party joins a political party other
than the one of which he was an authorised candidate when he was
elected;
(ii) resigns from a political party to become an independent; or
(iii) being an independent, joins a political party;

(f) If the holder of the office is, without leave given at any meeting
by resolution of the council of which he is a councillor absents himself
from three consecutive ordinary meetings of the council.

(2) The resignation of any councillor from his office shall take effect
when the notice signifying the resignation is received by the principal
officer of the council.

(3) Every vacancy occurring in accordance with the preceeding

provisions of this section shall be a casual vacancy in the membership of
a council and the principal officer of the council shall give public notice
thereof.

(4) When a member of Parliament in the district ceases to be a member

of Parliament, his office as a councillor shall be vacant until the
corresponding vacancy in the National Assembly is filled.
(As ammended by Act No. 30 of 1993 and Act No. 30 of 1995)

15. (1) A casual vacancy occurring in the membership of a council shall Filling of casual
be filled in accordance with the provisions of the Local Government vacancies
Elections Act.

(2) A councillor elected to fill a casual vacancy in the membership of a

council shall subject to the provisions of the subsection (1) of section
fourteen hold office until the expiration of the period during which the
councillor whose place he fills would, but for his office becoming
vacant, have continued in office.

Mayor, Deputy Mayor, Chairman and Vice-Chairman

16. (1) There shall be- Election of
mayor, deputy
mayor,
Chairman and
Vice Chairman

(a) for every city or municipal council, a mayor and a deputy mayor;

(b) for every township or district council, a chairman and vice

chairman; who shall be elected by the council from among persons who
are Councillors.

Provided that a councillor who is a member of Parliament or a chief

shall not be eligible for the office of Mayor, Deputy Mayor, Chairman
or Vice-Chairman of the council.

(2) The mayor, deputy mayor, chairman or vice-chairman of a council

shall be elected annually at the first ordinary meeting of council held
after the 1st September in that year.

(3) No person shall hold office as mayor, deputy mayor, chairman or

vice-chairman of a council for more than two consecutive terms and
where a person has held any such office for two consecutive terms he
may not be elected to that office again until after the expiration of two
years from the date on which he last held such office.
(As ammended by Act No. 19 of 1992 and Act No. 30 of 1995)

17. The mayor, deputy mayor, chairman and vice chairman of a council Tenure of office
shall, subject to the provisions of this Act, hold office until his successor of Mayor,
is elected. deputy mayor,
chairman and
vice-chairman

18. (1) The office of the mayor, deputy mayor, chairman or Vacation of
vice-chairman of a council shall become vacant- office

(a) if the holder of the office dies, resigns from his office by notice
in writing addressed to the principal officer of the council; or
(b) if the holder of the office ceases to be a councillor; or

(c) if the holder of the office is removed from office by a resolution

of the council supported by the votes of not less than two-thirds of the
whole number of councillors of which the council consists; or

(d) if the holder of the office is, without the leave of the council,
continuously absent from the area of the council for a period of more
than two months; or

(e) in the case of the office of deputy mayor or vice-chairman, if the

holder of the office is elected to the office of mayor or chairman, as the
case may be.

(2) The resignation of any person from the office of mayor, deputy,
mayor chairman or vice-chairman of a council shall take effect when the
notice signifying the resignation is received by the principal officer of
the council.

(3) Every vacancy occuring in accordance with the provisions of this

section shall be a casual vacancy in the office of mayor, deputy mayor,
chairman or vice-chairman, as the case may be of a council and the
principal officer of the council shall give notice thereof to the council.

19. (1) On a causal vacancy occurring in the office of a mayor, deputy Filling of casual
mayor, chairman or vice-chairman of a council, a successor shall be vacancies of
elected to fill the vacancy not later than the next ordinary meeting of the mayor or
council held after the date on which the vacancy, or, if that meeting is chairman
held within seven days after that date, then not later than the next during vacancy
following ordinary meeting of the council. or absence

(2) A person elected to fill a causal vacancy in the office of mayor,

deputy mayor, chairman or vice-chairman of a council shall, subject to
the provisions of this Act, hold office until the expiration of the period
during which the person whose place he fills would, but for his office
becoming vacant, have continued in office.

20. Whenever the office of mayor or chairman of a council is vacant or Discharge of

the mayor or chairman is absent or is for any other cause prevented from functions of
or incapable of discharging the functions of his office- mayor or
(a) the deputy or vice-chairman of the council; or chairman
during vacancy
(b) if the office of deputy mayor or vice-chairman is vacant or the or absence
deputy mayor or vice-chairman is absent or is for any other cause
prevented from or incapable of discharging the functions of his office, a
councillor elected by the council;
shall discharge the functions of the office of the mayor or chairman of
the council.

21. Any functions discharged by a person purporting to hold or Validity of

discharge the functions of the office of mayor, deputy mayor, chairman discharge of
or vice-chairman of a council shall not be invalidated only by reason of a functions
defect afterwards discovered in the election or qualifications of such
person.

PART IV

PROCEEDINGS OF COUNCIL

22. (1) A council shall hold an ordinary meeting for the transaction of Ordinary and
business not less often than once in every three months at such place, on special
such day and at such time as the council may meetings
appoint:

Provided that the first ordinary meeting of a council newly established

under this Act shall be held at such place, on such day and at such time
as the Minister may appoint.

(2) The mayor or chairman of a council may convene a special meeting

of the council at any time, and shall convene a special meeting within
twenty-one days, or such lesser period as may be prescribed by the
standing orders of the council, after he receives a written request
therefor signed by not less than one-third of the whole number of
councillors of which the council consists and stating clearly the
purposes for which the special meeting is to be convened.

23. (1) The principal officer of a council shall, not less than twenty-four Notice of
hours before the time appointed for the holding of a meeting of a meetings
council, notify every councillor in writing of the place, day and time of
the meeting and of the business proposed to be transacted at the meeting.

(2) No business shall be transacted at a special meeting of a council

other than that specified in the notice relating thereto.

24. (1) Subject to the provisions of this section- Quorum

(a) at an ordinary meeting of a council, one-half of the whole

number of councillors of which the council consists shall form a quorum
etc.

(b) at a special meeting of a council, two-thirds of the whole number

of councillors of which the council consists shall form a quorum.

(2) Where, owing to-

(a) vacancies in the membership of a council; or

(b) the disablement of councillors under section twenty-seven; or

(c) a combination of the circumstances referred to in paragraphs (a)

and (b);
less than two-thirds of the whole number of councillors of which a
council consists are at the same time able to take part in the
consideration or discussion of, or to vote on, any question, the quorum
of the council in any proceedings relating to that question shall be
determined by reference to the number of councillors who actually hold
office on the council and who are not under a disablement imposed by
section twenty-seven instead of by reference to the whole number of
councillors of which the council consists.

25. There shall preside at any meeting of a council- Presiding in

(a) the mayor or chairman. council

(b) in the absence of the mayor or chairman, the deputy mayor or

vice-chairman; or
(c) in the absence of the mayor and the deputy mayor or the
chairman and the vice-chairman, such councillor as the council may
elect for that meeting.
26. (1) Save as otherwise provided by this Act or any other written law, Voting in
any question proposed for decision by a council shall be determined by a council
majority of the votes of the councillors present and voting at a meeting
of the council at which a quorum is present.

(2) At all meetings of a council, each councillor present shall have one
vote on a question proposed for decision by the council and, in the event
of any equality of votes, the person presiding at the meeting shall have,
in addition to a deliberative vote, a casting vote.

27. (1) If a councillor has any pecuniary interest, direct or indirect, in Disability
any contract, proposed contract or of other matter, and is present at a voting on
meeting of the council at which the contract or other matter is the subject account of
of consideration, he shall, at the meeting, as soon as is practicable after interest in
the commencement thereof, disclose the fact, and shall not take part in contracts
the consideration or discussion of, or vote on any question with respect
to, the contract or other matter.

Provided that this section shall not apply to an interest in a contract or

other matter which a councillor may have as an occupier of a house
owned by the council or as a rate payer or inhabitant of the area of the
council or as an ordinary consumer of electricity or water, or to an
interest in any matter relating to the terms on which the right to
participate in any service, including the supply of goods, is offered to
the public.

(2) For the purposes of this section, a person shall be treated as having
indirectly a pecuniary interest in a contract or other matter, if-

(a) he or any nominee of his is a member or director of a company or

other body with which the contract is made or is proposed to be made or
which has a direct pecuniary interest in the matter under consideration;
or

(b) he is a partner, or is in the employment, of a person with whom

the contract is made or is proposed to be made or who has a direct
pecuniary interest in the other matter under consideration:
Provided that-
(i) this subsection shall not apply to membership of, or employment
under, any statutory corporation;

(ii) a member or director of a company or body shall not, by reason

only of his membership or directorship, be treated as being so interested
if he is not beneficially interested in any shares of that company or other
body.

(3) Where a councillor has indirectly a pecuniary interest in a contract

or other matter and would not fall to be treated as having such an interest
but for the fact that he has a beneficial interest in shares of a company or
other body then, if the total nominal value of these shares does not
exceed one-hundredth of the total nominal value of the issued share
capital of the company or body, so much of subsection (1) as prohibits
him from taking part in the consideration or discussion of, and from
voting on any question with respect to, the contract or other matter shall
not apply to him, without prejudice, however, to the duty of disclosure
imposed by subsection (1):

Provided that where the share of the company or other body is of more
than one class, this subsection shall not apply if the total nominal value
of all the shares of any one class in which he has a beneficial interest
exceeds one-hundredth part of the total issued share capital of that class
of the company or other body.

(4) In the case of married persons living together, the interest of one
spouse shall, if known to the other be deemed for the purpose of this
section to be also an interest of that other spouse.

(5) A general notice given in writing to the principal officer of a council

by a councillor to the effect that he or his spouse is a member or director
or in the employment of a specified company or other body, or that he or
his spouse is a partner or in the employment of a specified person, shall,
unless and until the notice is withdrawn, be deemed to be a sufficient
closure of his interest in any contract, proposed contract or other matter
relating to that company or other body or to that person which may be
the subject of consideration after the date of the notice.

(6) The principal officer of a council shall record in a book to be kept

for that purpose, particulars of any disclosure made under subsection
(1), and of any notice given under sub-section (5), and the book shall be
open at all reasonable times to the inspection of any councillor.

(7) If any person fails to comply with the provisions of subsection (1),
he shall for each offence be liable on conviction to a fine not exceeding
four hundred penalty units, unless he proves that he did not know that a
contract, proposed contract or other matter in which he had a pecuniary
interest was the subject of consideration at the meeting.

(8) No prosecution shall be instituted against any person for an offence

under this section except by or on behalf of the Director of Public
Prosecutions.

(9) The Minister may, subject to such conditions as he may think fit to
impose, remove any disability imposed by this section in any case in
which the number of councellors so disabled at any one time would be
so great a proportion of the whole as to impede the transaction of
business, or in any other case in which it appears to the Minister that it is
in the interests of the inhabitants of the area of council that the disability
should be removed.

(10) In this section, the expression "shares" includes stock and

debentures and the expression "share capital" shall be construed
accordingly.
(As amended by Act No. 13 of 1994)

28. (1) A council may adjourn any meeting of the council from time to Adjournment of
time and from place to place. meetings

(2) If at any meeting of a council a quorum is not present, the

councillors present or, if there are no councillors present, the principal
officer of the council shall adjourn the meeting and may appoint for the
adjourned meeting such place, day and time as may be considered
suitable.

29. (1) Subject to the provisions of subsection (2), all meetings of a Admission of
council shall be open to the public. public to
meetings
(2) A council may, by resolution, exclude the public from a meeting
(whether during the whole or any part of the proceedings) whenever
publicity would be prejudicial to the public interest by reason of the
confidential nature of the business to be transacted or for other special
reasons stated in the resolution and arising from the nature of that
business or of the proceedings.

(3) The provision of this section shall be without prejudice to any power
of exclusion conferred by the standing orders of a council for preserving
order at meetings of the council; and nothing in this section contained
shall be construed as requiring a council to permit the taking of
photographs of any proceedings, or the use of any means to enable
persons not present to see or hear any proceedings (whether at the time
or later) or the making of any oral report on any proceedings as they take
place.

30. (1) A council shall cause minutes to be kept in the English language Minutes
of the proceedings at every meeting of the council and shall cause to be
recorded therein the names of the councillors present at that meeting.

(2) The minutes of the proceedings of a council shall, after amendment

if necessary, be confirmed by the council as a true record of the
proceedings and signed by the person presiding at the same or the next
meeting of the council.

(3) Within one month after the minutes of any proceedings of a council
have been confirmed and signed, there shall be furnished to the Minister
such number of copies thereof as the Minister may determine.

(4) The minutes of the proceedings of a council, other than proceedings

from which the public have been excluded in pursuance of a resolution
adopted under subsection (2) of section twenty-nine, shall, at all
reasonable times, be open to the inspection of any interested person.

PART V

COMMITTEES
31. (1) A council may establish standing and occasional committees Standing and
consisting of such number of members as the council may determine, for occasional
the purpose of examining and reporting on any matter and of committee
discharging any functions of the council delegated to them under this
Act.

(2) A council consisting of more than six councillors shall in the

exercise of the powers conferred by subsection (1), establish a standing
committee (hereinafter referred to as the Finance Committee) for the
purpose of-

(a) advising the council on financial matters; and

(b) discharging such functions of the council relating to finance as

may be delegated to it under this Act or as may be conferred or imposed
upon it by or under any other written law.

(3) A council may abolish any committee, other than the Finance
Committee, established by it under this section.

32. (1) The members of a committee shall be appointed by the council Membership of
from amongst persons who are councillors or are qualified for election committees
as councillors.

Provided that-

(i) no person other than a councillor shall be a member of the

Finance Committee;

(ii) not less than two-thirds of the members of a committee, other

than the Finance Committee, shall be councillors.

(2) A person shall cease to be a member of a committee if-

(a) being a councillor at the time of his appointment, he ceases to be

a councillor; or

(b) not being a councillor at the time of his appointment, he ceases

to be qualified for election as a councillor; or

(c) his appointment is revoked by the council.

(3) There shall be a chairman of every committee, who shall be elected

by the committee from amongst the members of the committee who are
councillors and who shall hold office until such time as-

(a) he ceases to be a member of the committee; or

(b) he is removed from office by the committee:

Provided that, in the exercise of its powers under this subsection, a

committee shall act in accordance with any directions of the council.

33. (1) Meetings of a committee shall be held as required and may be Proceedings of
adjourned from time to time and from place to place. committees

(2) Meetings of a committee shall not be open to the public.

The quorum at a meeting of a committee shall be such number of

members as may be prescribed by the Standing orders of the council or,
if no quorum is so prescribed, two members.

(4) There shall preside at any meeting of a committee-

(a) the chairman; or

(b) in the absence of the chairman, such member of the committee as

the committee may elect for that meeting.

(5) Any question proposed for decision by a committee shall be

determined by a majority of the votes of the members present and voting
at a meeting of the committee at which a quorum is present.

(6) At all meetings of a committee, each member present shall have one
vote on a question proposed for decision by the committee and, in the
event of an equality of votes, the person presiding at the meeting shall
have, in addition to a deliberative vote, a casting vote.

(7) Section twenty-seven shall apply in respect of members of a

committee as it applies in respect of councillors, subject to the following
modifications:

(a) references to meetings of the committee shall be substituted for

references to meetings of the council;

(b) the right of persons who are members of the committee but not
councillors to inspect the book to be kept under subsection (6) of the
said section shall be limited to an inspection of the entries in the book
relating to members of the committee.

34. (1) A committee shall cause minutes to be kept in the English Minutes
language of the proceedings at every meeting of the committee and shall
cause to be recorded therein the names of the members of the committee
present at that meeting.

(2) The minutes of the proceedings of a committee shall, after

amendment if necessary, be confirmed by the committee as a true record
of the proceedings and signed by the person presiding at the same or the
next ensuring meeting of the committee.

(3) Within one month after the minutes of any proceedings of a

committee have been confirmed and signed, there shall be furnished to
the Minister such number of copies thereof as the Minister may
determine.

(4) The minutes of such proceedings at a meeting of a committee as

relate to the discharge of functions delegated to it by the council shall, at
all reasonable times, be open to the inspection of any interested person:

Provided that the provisions of this subsection shall not apply to the
minutes of any proceedings the disclosure of which is deemed by the
committee to be prejudicial to the public interest.
35. (1) Subject to the other provisions of this section, a council may Delegation of
delegate, either absolutely or conditionally, to a committee or to any meetings of
officer of the council the power to discharge any function of the council councils to
on behalf of the council. committee.

(2) A council shall not-

(a) delegate the power to discharge any functions of the council to a

committee which includes persons who are not councillors; or

(b) delegate to any committee the power-

(i) to make and levy a rate; or
(ii) to adopt estimates of the revenues and expenditure of the
council; or
(iii) to borrow money; or
(iv) to impose fees and charges; or
(iv) to make by-laws; or
(vi) in the case of a city council or municipal council, to make
appointments to the dignity of alderman or to admit or annul the
admission of a person to the status of honorary freeman of the
city or municipality.

(3) A council may withdraw or alter any delegation to a committee, but

no such withdrawal or alteration shall affect anything done in pursuance
of any decision lawfully taken by the committee.

(4) Any function discharged by a committee in the exercise of powers

delegated to it under this section shall be deemed to have been
discharged by the council.
(As amended by Act No. 19 of 1992)

36. At one of the next two ordinary meetings of a council held after a Reports by
meeting of a committee, the proceedings at the meeting of the committees
committee shall be reported to the council for its consideration or, in the
case of proceedings which relate to the discharge of functions delegated
to the committee, for its information.
37. (1) A committee may, from amongst its members, appoint Sub-committees
sub-committees for the purpose of examining and reporting on any
matter.

(2) Subject to the provisions of the standing orders of a council, a

sub-committee shall determine its own procedure.

(3) A sub-committee shall not discharge any functions of the council

which have been delegated to the committee by which it was appointed.

PART VI

FINANCE

General

38. The financial year of a council shall be the period of twelve months Financial year
ending on the 31st December in each year.

39. (1) A council shall cause to be prepared and shall adopt estimates Estimates of
(to be called annual estimates) of revenues and expenditure of the revenues and
council and shall, at least sixty days before the commencement of a expenditure
financial year, submit such annual estimates for the approval of the
Minister.

(2) Where in any financial year it appears to a council that expenditure

for a special purpose is desirable and that no provision or insufficient
provision has been made for it in annual estimates for that year, the
council may cause to be prepared and adopt supplementary estimates in
respect thereof for the approval of the Minister.

(3) All annual and supplementary estimates of a council shall be

prepared in such form and contain such information as may be
prescribed by financial regulations.

(4) A council shall not incur any expenditure which is not included in
the annual estimates of the council:

Provided that if the annual estimates of the council have not been
approved by the Minister, the council may continue to incur expenditure
on charges which become due in respect of inescapable commitments.

(5) The annual estimates of a council shall, at all reasonable times, be

open to the inspection of any interested person.

40. (1) All receipts of a council shall be carried to a general fund and all General and
liabilities falling to be discharged by the council shall be discharged out special funds
of that fund.

(2) A council may, in accordance with financial regulations, establish

special funds as part of the general fund, and shall establish any such
fund if required by or under financial regulations to do so.

41. Subject to the provisions of financial regulations, a council shall Arrangements

make safe and efficient arrangements for the receipt of moneys paid to it for handling
and the issue of moneys payable by it and those arrangements shall be receipts and
carried out under the supervision of the treasurer of the council. payments

42. (1) A council shall open and keep in its name a banking account and Banking
may, by resolution open and keep such additional banking accounts as accounts
may be necessary.

(2) Save as otherwise provided by financial regulations, all receipts of a

council shall be paid into the banking account or accounts kept by the
council and all amounts payable by a council shall be paid therefrom.

(3) A cheque drawn upon any banking account kept by a council shall
be signed by such officers of the council, not being less than two in
number, as may be authorised in that behalf by resolution of the council.
(As amended by Act no. 19 of 1992)

43. (1) A council shall cause true accounts of its revenues and Accounts
expenditure to be kept.
(2) The accounts of a council, together with all books, deeds, contracts,
vouchers, receipts and other documents relating thereto, shall at all
reasonable times be open to the inspection of any councillor and of any
interested person.

(3) The accounts of a council shall be made up and balanced for each
financial year of the council and a summarised statement thereof
certified under the hand of the treasurer of the council shall be presented
to the council at a meeting to be held within six months after the end of
the financial year of the council, or within such longer period as the
Minister may determine.

44. A council may invest any moneys not required for immediate use Investment
in such securities as it may by resolution determine and may, as
occassion requires, realise any investment so made:

Provided that no council resolution shall be required for any investment

where maturity period shall not be more than ninety days from the date
of investment.

45. (1) The Minister may, on such terms and conditions as he may Government
determine, make constituency development grants or loans of money to grants and loans
a council for the purposes of the discharge by the council of any of its
functions.

(2) Any constituency development grant or loan made by the Minister

under this section shall be paid out of moneys appropriated by
Parliament for the purpose.

(3) The Government shall make specific grants to the council concerned
for-

(a) water and sanitation;

(b) health services;

(c) fire services;

(d) road services;

(e) police services;

(f) primary education;

(g) agricultural services;

(As amended by Act No. 19 of 1992 and Act No. 30 of 1995)

46. The Minister shall, by statutory instrument, make regulations for Financial
the control and management of the finances of councils and in regulations
particular, for-

(a) the keeping of the accounts of councils, including separate

accounts of any undertaking or service established and maintained by
the council, and the form of, and information to be included in, the
account of councils and the summarised statements thereof;

(b) the payment of moneys into and from banking accounts;

(c) the form of, and information to be included in, the annual and
supplementary estimates of councils;

(d) the establishment of special funds and the payment of moneys

into and the withdrawal of moneys from such funds;

(e) the composition or remission of debts due to councils.

(As amended by Act No. 19 of 1992 and Act No. 30 of 1995)

Borrowing

47. A council may, borrow such sums of money as may be required for Authority to
the purpose of discharging its functions in all or any of the following borrow and
ways: modes of
(a) by loan under section forty-five; borrowing

(b) by the issue of stock or bonds;

(c) by mortgage;
(d) by temporary loan or overdrat from a bank or other source;
(e) by loan from any other source.

48. Notwithstanding the provisions of section forty-seven, no council Foreign

shall borrow money or receive any grant of money from a foreign borrowing
government or foreign organisation. prohibited

49. (1) All moneys borrowed by a council shall be charged on the Security for
general fund of the council and all securities therefor shall rank equally borrowing and
without any priority. priorities of
securities

(2) Nothing in this section shall affect any priority existing at, or any
right to priority conferred by a security created before, the
commencement of this Act.

(3) The interests for the time being payable in respect of any moneys
borrowed by a council shall be a first charge on the general fund of the
council.

50. Where any sum of money is borrowed by a council, it shall be Suspension of

lawful for any annual provision required to be made by the council for repayment of
the repayment of the sum so borrowed to be suspended, with the consent sums borrowed
of the lender, for such period (not exceeding five years) as the Minister
may determine.

51. A person lending money to a council shall not be bound to inquire Lenders
whether the borrowing of the money is or was legal or regular, or relieved from
whether the money raised was properly applied, and shall not be certain inquiries
prejudiced by an illegality or irregularity in the matters aforesaid or by
the misapplication of any such money.

Audit

52. (1) The Minister shall, in respect of each financial year of a council, Appointment
appoint a public officer or other person to be the auditor to the council. and
remumeration
 of auditor

(2) There shall be payable by a council in respect of the services of the

auditor to the council such fee as the Minister may determine and that
fee shall be paid into the general revenues of the Republic or, if the
auditor is not a public officer, to the auditor.

53. It shall be the duty of the auditor to a council- Functions of

(a) to audit the accounts of the council for the financial year in auditor
respect of which he is appointed;
(b) to investigate such specific matters, if any, relating to the
accounts of the council for that financial year as the Minister or the
council may direct;
(c) to report to the council on his audit and investigations;
(d) to report to the council any case in which it appears to him that-

(i) any expenditure has been incurred contrary to law;

(ii) any sum has not been duly brought into account;

(iii) any loss or deficiency has been incurred.

54. (1) The auditor to a council may, for the purpose of discharging his Production of
functions- documents and
taking of
evidence

(a) by summons under his hand, require all such persons as he may
think necessary to appear personally before him for examination at a
time and place to be specified in the summons and to produce all such
books, deeds, contracts, vouchers, receipts and other documents relating
to the accounts of the council as may be specified in the summons; and

(b) hear and receive evidence and examine witnesses upon oath or
affirmation, which he is hereby empowered to administer.

(2) Any person summoned to appear before the auditor to a council

who, without sufficient cause-
(a) refuses or fails to comply with the summons; or

(b) having appeared before the auditor, refuses to be examined on

oath or affirmation or to take such oath or affirmation; or

(c) having taken such oath or affirmation, refuses to answer such

questions pertaining to the accounts of the council as are put to him;
shall be guilty of an offence and liable on conviction for every such
refusal or failure, to a fine not exceeding one hundred and sixty penalty
units or to imprisonment for a period not exceeding six months or to
both.
(As amended by Act No. 13 of 1994)

55. (1) Before completing his audit of the accounts of a council, the Deposit of
auditor to the council shall, by notice in writing to the principal officer accounts and
of the council, fix a period commencing at least thirty days thereafter representations
and extending for not less than seven days during which representations thereon.
regarding the accounts of the council may be made to him.

(2) During the period fixed under subsection (1) for the making of
representations and for seven clear days preceding the commencement
of such period, the accounts of the council, together with all books,
deeds, contracts, vouchers, receipts and other documents relating to the
accounts of the council, shall be deposited at all the offices of the
council and shall at all reasonable times be open to the inspection of any
interested person.

(3) The principal officer of a council shall, not less than fourteen days
before the deposit of the accounts of the council, give public notice of-

(a) the deposit of the accounts of the council required by this section
and the right to inspect such accounts;

(b) the period during which representations regarding the accounts

of the council may be made to the auditor to the council; and

(c) the name and address of the auditor to the council.

(4) During the period fixed under subsection (I), any interested person
may make representations regarding the accounts of the council to the
auditor to the council-

(a) in writing; or

(b) by arrangement with the auditor, in person or by his

representative.

56. (1) After completing his audit of the accounts of a council and his Report of
investigations, if any, the auditor to the council shall make his report to auditor
the council in pursuance of paragraphs (c) and (d) of section fifty-three.

(2) Within sixty days after the receipt by a council of the report of the
auditor, the council shall take the report into consideration and shall
transmit to the Minister-

(a) a copy of such report, together with the comments of the council
thereon; and

(b) a copy of the audited summarised statement of accounts of the

council.

(3) The report of the auditor and the audited summarised statement of
accounts of a council shall, at all reasonable times after copies thereof
have been transmitted to the Minister, be open to the inspection of any
interested person.

(4) The Minister may give to a council such directions as he thinks

necessary to ensure that the council acts in conformity with any
recommendations contained in the report of the auditor.

(5) Without limiting the operation of section eighty-eight, where a

council fails to transmit to the Minister, within the time allowed under
subsection (2), the report and statement of accounts referred to in that
subsection, the Minister may, for as long thereafter as the council
continues to fail to transmit them, suspend or withhold grants due to the
council
(As amended by Act No. 30 of 1995)
57. (1) The Minister shall cause any part of the report of the auditor to a Powers of
council made in pursuance of paragraph (d) of section fifty-three to be disallowances
brought to the notice of any councillor or officer or employee of the and surcharges
council who may be affected thereby and shall afford to every such
person an opportunity of furnishing an explanation to the Minister.

(2) After considering any explanation furnished to him under

subsection (1), the Minister shall-

(a) disallow any expenditure which has been incurred contrary to

law;

(b) surcharge the amount of any expenditure disallowed upon the

person or persons responsible for incurring or authorising the
expenditure;

(c) surcharge any sum which has not been duly brought into account
upon the person or persons by whom that sum ought to have been
brought into account;

(d) surcharge the amount of any loss or deficiency upon any person
or persons whose negligence or misconduct the loss or deficiency has
been incurred;

(e) certify the amount due from any person upon whom he has made
a surcharge and cause a copy of the certificate to be furnished to such a
person:

Provided that, if the Minister is satisfied that-

(i) any person upon whom a surcharge might be made under this
subsection acted reasonably by or in the belief that his action
was authorised by law; or
(ii) the act or omission which might have involved the making of a
surcharge under this subsection took place in such circumstances
as to make it fair and equitable that a disallowance or surcharge
should not be made;
the Minister may abstain from making a disallowance or surcharge or
make any such reduction in such disallowance or surcharge as he deems
equitable.
(3) The Minister may direct a council to make such adjustments to its
accounts arising from any disallowances made in pursuance of
paragraph (a) of subsection (2) as he thinks necessary.

58. Any person who is aggrieved by a disallowance or surcharge made Appeals against
by the Minister, where the disallowance or surcharge relates to an disallowances
amount exceeding twenty thousand kwacha, may appeal to the High and surcharges
Court, and may in any other case appeal to the High Court or to a
subordinate court of competent jurisdiction.

(2) The High Court or subordinate court, as the case may be, may, on
such an appeal-

(a) confirm, vary or quash the decision of the Minister;

(b) remit the case to the Minister with such directions as it thinks fit
for giving effect to the decision on appeal;

(c) make such other order as to costs or otherwise as may to it seem

just.

(3) The Chief Justice may, by statutory instrument, make rules

providing for the period within which appeals under this section may be
brought and otherwise regulating such appeals.

59. (1) Subject to the provisions of subsection (2), the amount of every Payment and
surcharge certified by the Minister to be due from any person shall be recovery of
paid by that person to the council within thirty days after a copy of the surcharges
certificate has been furnished to him, or, if an appeal with respect to the
surcharge has been made, within thirty days after the appeal is finally
disposed of or abandoned or fails by non-prosecution thereof.

(2) The Minister may authorise the payment of a surcharge in

instalment:

Provided that if default is made in the payment of any instalment the

balance of the surchage outstanding shall thereupon become payable.
(3) The amount of any surcharge which is not paid shall be recoverable
by the council as a civil debt.

(4) In any proceedings for the recovery of the amount of a surcharge, a

certificate signed by the Minister shall be conclusive evidence of the
facts certified and a certificate signed by the treasurer of the council that
the sum certified to be due has not been paid to him shall be conclusive
evidence of nonpayment unless it is proved that the sum certified to be
due has been paid since the date of the certificate.

60. (1) In addition to the ordinary audit of the accounts of a council Inspections and
required by the foregoing provisions of this part, the Minister may at any extraordinary
time direct that an extraordinary audit of all or any of the accounts of a audits
council be conducted and for that purpose may appoint a public officer
to be the auditor to the council.

(2) The provisions of-

(a) sections fifty-three and fifty-four; and

(b) sections fifty-seven, fifty-eight and fifty-nine;

shall, with the necessary modifications, and subject to the provisions of
this section apply in relation to an extraordinary audit of the accounts of
a council conducted under this section as they apply in relation to an
ordinary audit of such accounts

(3) An auditor shall, after completing an extraordinary audit of the

accounts of a council and his investigations, if any, make his report to
the Minister and shall submit a copy of the report to the council.

(4) The Minister shall, within sixty days of the receipt of the report
under subsection (3), consider the report and shall thereafter take such
action as he may consider appropriate in the circumstances.

(5) The Minister may, at any time, appoint a person to inspect all or any
of the accounts of a council and the provisions of subsection (4) shall
apply accordingly.
(As amended by Act No. 30 of 1995)
PART VII

FUNCTIONS

61. Subject to the provisions of this Act, a council may discharge all or Power to
any of the functions set out in the Second Schedule. discharge
schedule
functions

62. (1) A council may discharge any functions conferred on it by or General

under this Act within the area of the council and unless the context provision with
otherwise requires, a council may, with the, approval of the Minister respect to
discharge any such function outside the area of the council. discharge of
functions

(2) A council may do anything necessary for or incidental to the

discharge of any function conferred on it by or under this Act.

(3) Whenever by or under this Act power is conferred on a council to

establish and maintain an undertaking, service on facility, the council
may-

(a) control the undertaking, service or facility and prohibit use of it

by the public or any class of the public;

(b) join with the Government, another council or any other person or
authority in establishing and maintaining the undertaking, service or
facility;

(c) abolish or discontinue the undertaking, service or facility.

(4) Save as otherwise expressly provided by this Act, a council shall

discharge any function conferred on it by or under this Act subject to
and in accordance with the provisions of any other written law relating
to the discharge of that function by the council.
63. (1) A council may enter into contracts necessary for the discharge Contracts
of any of its functions.

(2) All contracts made by a council shall be made in accordance with

the standing orders of the council and, in the case of contracts for the
execution of works or the supply of goods or materials, the standing
orders shall-

(a) require that, except as otherwise provided by or under the

standing orders, notice of the intention of the council to enter into the
contract shall be published and tenders invited; and

(b) regulate the manner in which such notice shall be published and
tenders invited.

(3) A person entering into a contract with a council shall not be bound to
inquire whether the standing orders of the council which apply to the
contract have been complied with, and all contracts entered into by a
council, if otherwise valid, shall have full force and effect
notwithstanding that the standing orders applicable thereto have not
been complied with.

64. (1) Subject to the provisions of this Act, a council may make Standing orders
standing orders-

(a) for regulating the proceedings and business, and for preserving
order, at meetings of the council, a committee or a
sub-committee;

(b) for regulating the entering into of contracts by the council.

(2) Standing orders under this section may make provision for the
exclusion of a councillor or member of a committee or sub-committee
from a meeting of the council, committee or sub-committee-

(a) if it is necessary for preserving order at the meeting; or

(b) whilst any contract, proposed contract or other matter in which

the councillor or member has any pecuniary interest, direct or
 indirect, is under consideration.

65. (1) A council may acquire any land by agreement whether by way Acquisition of
of purchase, lease, exchange or gift. land

(2) Where the acquisition by a council of any land under the powers Cap. 189
conferred by subsection (1) is being hindered by reason of the inability
of the parties to agree on the terms thereof or any other cause, the
President may, on application by the council and on being satisfied that
the land is land to which the Lands Acquisition Act applies and that its
acquisition by the council is necessary or expedient-

(a) in the interests of public safety, public order, public morality,

public health or town and country planning; or

(b) in order to secure the development or utilisation of that or other

land for a purpose beneficial to the inhabitants of the area of the
council acquire the land under the powers conferred by that Act.
All expenses and compensation thereby incurred shall be paid by
the council into the general revenues of the Republic and, upon
such payment being made, the estate of any land so acquired by
the President shall be transferred to the council at the cost of the
council.

66. (1) A council may accept, hold and administer any gift of property Acceptance of
for any local public purpose, or for the benefit of the inhabitants of the gifts of property
area or any part of the area of the council, and may execute any works
(including works of maintenance or improvement) incidental to or
consequential on the exercise of the powers conferred by this section.

(2) Where the purposes of the gift are purposes for which the council is
empowered to expend money raised from a rate, the council may,
subject to any condition or restriction attaching to the exercise of that
power defray expenditure incurred in the exercise of the powers
conferred by subsection (1) out of money so raised.

67. (1) Subject to the provisions of this section, a council may sell, let Disposal of
or otherwise dispose of any property of the council. property

Provided that, where the council intends to sell a council asset, the
council shall, before conducting the sale, cause a valuation of the asset
to be carried out by the department of the Government responsible for
property valuations or by a valuer approved by the Minister.

(2) A council shall not sell, let for a period of fourteen years or more,
or otherwise dispose of, any land or building except with the approval
of the Minister.
(As amended by Act No. 30 of 1995)
67A. Notwithstanding anything to the contrary contained in any Restriction
written law, where any judgment or order has been obtained on
execution
against a council, no execution or attachment or process of any against
nature, shall be issued against the council or against any property property
of the Council, but the Town Clerk or Council Secretary, as the of council
case may be, shall cause to be paid out of the revenue of the
council such amounts of money as may, by the judgment or order,
be awarded against the council to the person entitled to the money.
(As amended by Act No. 9 of 2004)

68. (1) A council may, with the approval of the Minister, make grants Grants and
or loans of money- loans by
councils

(a) towards the establishment or maintenance of the institutions

hereinafter mentioned, not being of a private character, that is to
say:
(i) hospitals, libraries, art galleries, museums and musical or
scientific institutions;
(ii) universities, colleges and schools;
(iii) institutions providing accommodation for the aged, destitute or
infirm, or for orphans;
(iv) such other institutions as the council may determine;

(b) to persons for educational purposes;

(c) to officers or employees of the council for such purposes as the

Minister may determine.

(2) A council may make grants of money to any association of local

authorities formed for the purposes of consultations as to the common
interest of those authorities.
(3) A council may, with the approval of the Minister, make loans of
money-

(a) to another council;

(b) to any person or authority for the erection purchase and

maintenance of buildings for use as dwellings or clubs and,
where it is in the public interest, for use for business or
professional purposes.

69. (1) A council may, make by-laws imposing all or any of the Imposition of
following levies: levies

(a) a levy on leviable persons owning or occupying property or

premises situated within the area of the council;

(b) a levy on leviable persons carrying on a business, trade or

occupation within the area of the council;

(c) a levy on the purchase or sale of a commodity within the area of

the council.

(2) By-laws imposing a levy may-

(a) make different provision with respect to different classes of property

or premises, different classes of businesses, trade or occupations and
different classes of commodities;

(b) make provision for-

(i) specifying the manner and times at which and the persons by
whom a levy shall be paid and collected;
(ii) exemptions from a levy;
(iii) suspending a levy, in whole or in part.

(3) The proceeds of a levy shall accrue to the council.

(4) The amount of any levy which is not paid shall be recoverable by the
council as a civil debt.

(5) For the purpose of this section, "leviable person" means-

(a) any person apparently of or above the age of eighteen years; and

(b) any body of persons, corporate or unincorporate.

70. (1) A council may impose fees or charges payable to the council- Imposition of
other fees and
charges

(a) for any licence or permit issued under any by-law or regulation
made under this Act;

(b) for any service or facility provided or goods or documents

supplied by the council in pursuance of or in connection with the
discharge of any function of the council.

(2) All fees and charges imposed by a council under the section shall be
regulated by by-law or, if not so regulated, may be imposed by
resolution of the Council:

Provided that a council shall not impose any fees or charges in respect of
owners rates and personal levy without the prior approval of the
Minister.
(As amended by Act no 19 of 1992)

71. (1) A council may, with the approval of the Minister- Power to pay
certain fees,
allowances and
expenses

(a) pay fees to councillors;

(b) pay allowances to councillors, officers and employees of the

council in respect of travelling, subsistence and out-of pocket expenses
incurred by them on the business of the Council.
(c) pay allowances to the spouse of the mayor or chairman and of
the principal officer of the council in respect of travelling, subsistence
and out-of pocket expenses incurred by the spouse in attending, by
invitation, a conference or function of national or local importance;

(d) pay expenses incurred in undertaking public hospitality.

(2) A council may, with the approval of the Minister, pay to the mayor
or chairman of the council during his year of office such allowance as it
thinks reasonable.

Provided that whenever the functions of the mayor or chairman of the

council are discharged in any continuous period not being less than
thirty days, by the deputy mayor or the vice-chairman of the council a
proportionate part of the allowance under this section shall be paid for
such period to the deputy mayor or vice-chairman of the council.

72. (1) A council may, with the approval of the Minister establish, Pensions and
maintain, control and contribute to any pension, provident or benevolent gratuities for
fund intended for the benefit of its officers and their dependants and officers,
may, from any such fund, grant, pensions and gratuities to its officers on employees and
their retirement from the service of the council and to the dependants of dependants
deceased officers.

(2) Where no fund referred to in subsection (1) has been established or

in cases where no benefit accrues from any such fund which has been
established, a council may, with the approval of the Minister, grant from
its general fund pensions and gratuties to officers on their retirement
from the service of the council and to the dependants of deceased
officers.

(3) Where any officer or dependant of a deceased officer is in receipt of

a pension from a fund referred to in subsection (1), a council may, with
the approval of the Minister, from its general fund grant to such officer
or dependant an additional or increased pension or gratuity in respect of
any service of the officer or deceased officer in relation to which no
pension or gratuity is payable from the fund:

Provided that the aggregate of the pension payable from the fund and the
additional or increased pension or gratuity payable under this subsection
shall not exceed the amount which would have been payable had the
whole service of the officer or deceased officer been service in relation
to which a pension or gratuity was payable from the fund.

(4) For the purpose of this section "officer" means an officer or

employee of council.

73. (1) Subject to the provisions of this section, a city council or Aldermen
municipal council may-

(a) appoint to the dignity of alderman any person who has held
office as a councillor of that council for a period or periods amounting in
the aggregate to not less than ten years;

(b) if it considers that a person appointed to the dignity of alderman

has subsequently ceased to be worthy of the dignity, revoke the
appointment.

(2) During any time when the number of councillors who are aldermen
equals or exceeds one third of the whole number of councillors of which
a council consists, no further appointment of aldermen may be made
from persons who are councillors.

(3) An alderman shall be entitled whether or not he is a councillor, to

retain the title of alderman.

(4) Every person who immediately before the first of January, 1981,
was an alderman of a city council or municipal council shall be deemed
to have been appointed to that dignity under this Act.

74. (1) Subject to the provisions of this section a city council or a Freeman
municipal council may-

(a) admit to the status of honorary freeman of the city or

municipality persons of distinction and persons who have rendered
eminent services to the city or municipality;

(b) if it considers that a person admitted to the status of honorary

freeman of the city or municipality has subsequently ceased to be
worthy thereof, annul the admission of the person to such status.

(2) The power of admitting or annulling the admission of a person to the

status of honorary freeman of a city or municipality shall not be
exercised except by resolution of the city or municipal council
supported by the votes of not less than two-thirds of the whole number
of councillors.

(3) The principal officer of a municipal council shall keep a list, to be

styled the honorary freemen's roll, in which shall be inscribed the names
of all persons admitted to the status of honorary freeman of the
municipality and from which shall be removed the name of any person
whose admission to that status has been annulled.

75. The Minister may, by statutory order confer upon any council Power of
power not otherwise conferred upon such council by this Act or any minister to
other written law, which the Minister considers necessary or desirable, confer
in the interests or for the well-being of the inhabitants in, or for the good additional
rule and government of, the area of such council, for such council to functions on
have. council

PART VIII

BY-LAWS AND REGULATIONS

Power to make by-laws

76. (1) Subject to the provisions of this Act, a council may make Power to make
by-laws for the good rule and government of its area and, more by-laws
particularly-

(a) for controlling any of the things which, and any of the persons
whom, it is empowered by or under this Act to control;

(b) for prohibiting any of the things which it is empowered by or

under this Act to prohibit;

(c) for requiring or compelling the doing of any of the things which
it is empowered by or under this Act to require or compel;

(d) for providing for the issue or supply of licences permits,

certificates and other instruments and documents.

(2) A by-law made by a council under this Act may make different
provisions with respect to different parts of the area of of the council,
different classes of persons, different classes of things and different
circumstances.

77. Every by-law made by a council under this Act shall be in the Language of
English language: by-laws

Provided that nothing in this section shall be construed as precluding the

use of another laguage as well as English to bring the content of any
such by-law to the notice of any person concerned.

78. A by-law made by a council under this Act may- Conferring of

powers on officers
(a) require acts or things to be performed or done to the satisfaction and agents of
of an officer or agent of the council and may empower an officer or council
agent of the council to issue directions to any person requiring acts or
things to be performed or done, imposing conditions and prescribing
periods and dates upon, within or before which such acts or things shall
be performed or done or such conditions shall be fulfilled; and
(b) confer on the officers and agents of the council such powers of
entry, inspection, inquiry and execution of works as may be reasonably
necessary for the proper carrying out or enforcement thereof.

79. (1) A by-law made by a council under this Act may prescribe Penalties
penalties for any contravention of such by-law, not exceeding-

(a) a fine of eighty penalty units or imprisonment for a period of six

months, or both; and

(b) in the case of a continuing contravention of such by-law, a fine

of sixteen penalty units for every day during which the contravention
continues.
(2) A by-law made by a council under this Act may provide that in
addition to or in substitution for any penalty prescribed for a
contravention of such by-law, any expenses incurred by the council in
consequence of such contravention or in the execution of any work
directed by or under such by-law to be executed by any person and not
executed by him, shall be paid by the person committing the
contravention or failing to execute the work.

(3) Where any person is convicted of contravening any condition

subject to which a licence or permit has been issued to him under any
by-law or regulation made under this Act, the court which convicts him
may in addition to or in substitution for any penalty prescribed for a
contravention of such by-law or regulation, revoke the licence or permit
in respect of which the offence was committed.
(As amended by Act No. 13 of 1994)

80. Nothing in this Act contained shall be construed as empowering a By-laws not to
council to make any by-law which is in conflict with or derogates from conflict with other
written laws
the provisions of any other written law; and to the extent that any by-law
conflicts with or derogates from the provisions of any other written law,
it shall be void.

Procedure for Making By-laws and Powers of Minister

81. (1) For at least thirty days before application is made to the Minister Notice of by-laws
for confirmation of a by-law, a copy of the by-law shall be deposited at and objection
thereto
the offices of the council and shall, at all reasonable times, be open to
the inspection of any interested person.

(2) The principal officer of a council shall, at least thirty days before
application is made for confirmation of a by-law, give public notice of-

(a) the intention to apply for confirmation of the by-law;

(b) the deposit of the by-law required by this section and the right to
inspect such by-law;

(c) the procedure for lodging objections to the by-law.

(3) Any interested person may, at any time before application is made
for confirmation of the by-law, lodge an objection in writing to the
by-law with the principal officer of the council and shall furnish a copy
of his objection to the Minister.

82. (1) No by-law made by a council under this Act shall have the force Confirmation of
of law until it has been confirmed by the Minister. by-laws

(2) An application by a council for the confirmation of any by-law by

the Minister shall be accompanied by-

(a) three authenticated copies of the by-law;

(b) an authenticated copy of the minutes of the meeting of the

council at which the by-law was made;

(c) a certificate, signed by the principal officer of the council, that

the provisions of section eighty-one have been complied with;
and

(d) the comments of the council on any objections lodged.

(3) Before confirming any by-law made by a council, the Minister shall
take into consideration any objections lodged and the comments of the
council thereon.

(4) The Minister may refuse to confirm any by-law submitted to him or
may confirm the by-law in whole or in part, or with such modifications
as appear to him to be advisable and not opposed to the true spirit and
intent of the by-law.

83. (1) Subject to the provisions of this section, the Minister may, by Power of Minister
statutory order, amend or revoke any by-law by a council under this Act. to amend or revoke
by-laws

(2) Before exercising the powers conferred by subsection (1), the

Minister shall give the council reasonable notice of his intentions and
shall afford the council an opportunity of making representations to him
thereon.

Regulations

84. (1) The Minister may, by statutory instrument, make regulations for Power to make
any purpose for which, and to the same extent to which a council is regulations
empowered by or under this Act to make by-laws or standing orders.

(2) Regulations made under subsection (1) shall have the force of law
only in the areas to which they are applied in pursuance of section
eighty-five and, if any regulations so applied to any area are amended or
revoked by subsequent regulations made under subsection (1), the
subsequent regulations shall have the force of law in that area only to the
extent that they are applied thereto in pursuance of section eighty-five.

85. After consultation with a council, the Minister may, by statutory Application of
order- regulations

(a) apply all or any regulations made under section eighty-four to

the whole or any part of the area of the council;
(b) withdraw the application of any regulations so applied.

86. In so far as regulations made under section eighty-four which apply Regulations to
in the area of a council conflict with or derogate from the provisions of prevail over
by-laws or
any by-laws or standing orders made by the council under this Act, the standing orders
regulations shall prevail.

87. Any reference in any other written law to by-laws or standing Reference in other
orders made by a council under this Act shall, unless the context written law
otherwise requires, be construed as including a reference to regulations
made under section eighty-four which apply in the area of the council.

PART IX

LOCAL GOVERNMENT ADMINISTRATOR

88. (1) Whenever, by reason of the refusal, failure or inability of a Appointment of

council adequately to discharge all or any of its functions, the Minister Local Government
Administrator and
considers it necessary or expedient in the interest of local administration
to do so, he may, by statutory order- discharge by him
of functions of
council

(a) appoint a public officer to be the Local Government

Administrator for that council; and

(b) notwithstanding anything contained in this Act-

(i) suspend all councillors of the council from performing all of

their functions as councillors and empower the Local
Government Administrator to discharge all the functions of the
council; and

(ii) after due inquiry held under section one-hundred and twenty,
dissolve the council after receiving prior approval of the
President, and direct the holding of elections within ninety days
from the date of the dissolution.

(2) Any functions of the council discharged by a Local Government

Administrator under subsection (1) shall be deemed to have been
discharged by the council in accordance with this Act.

(3) The Local Government Administrator shall relinquish office upon

the lifting of the suspension or the election of a new council, as the case
may be.

(As amended by Act No. 30 of 1995)

89. (1) An order made under section eighty-eight shall, unless sooner Revocation of
revoked, expire after ninety days from the date of making thereof: appointment order

Provided that the Minister may, if he considers it desirable in the interest

of local administration, extend the order for further periods of ninety
days at a time.

(2) On the revocation of the order appointing the Local Government

Administrator made under section eighty-eight the Local Government
Administrator shall cease to discharge the functions of the council, and
such functions shall be invested in and discharged by the council as
constituted in accordance with section nine.
PART X

SERVICE WITH COUNCILS AND PROVINCIAL

LOCAL GOVERNMENT APPEALS BOARDS

90. Subject to regulations made under this Part, a council shall have Councils may
power to- appoint staff

(a) appoint officers and other employees for the purpose of assisting
the council in carrying out its functions;
(b) discipline any officer or employee.

(As amended by Act No. 30 of 1995)

91. (1) A council may, upon receiving a request from another council, Secondment to
second an officer to that council for such period and on such terms and another council
conditions as may be agreed between the council and the council
requesting the secondment.

(2) A council may, in accordance with regulations issued by the

Minister, make arrangements with any Ministry or statutory corporation
for the secondment to the council of an officer of the civil service or of
any such corporation.

(As amended by Act No. 30 of 1995)

92. (1) The Minister may, by statutory instrument, make regulations Regulations
governing service with a council and the powers and duties of councils
with regard to their officers and employees.

(2) Without prejudice to the generality of subsection (1), regulations

made under this section may provide for-

(a) the creation or abolition of any post in a council;

(b) the terms and conditions of appointment, promotion, transfer,

dismissal, discharge and discipline of officers and employees;
(c) the qualifications for appointment to any post in a council;

(d) a right of appeal to a provincial local government appeals board

by an officer or employee and the procedures to be followed for
such appeals;

(e) the establishment of a council secretariat under the supervision

of the principal officer of the council, the other members of the
secretariat, and their functions; or

(f) the training of employees and officials of a council and the

standards for promotion.

(3) Regulations under this section may make different provisions for
different categories of councils and different categories of officers or
employees.

(As amended by Act No. 30 of 1995)

93. (1) The Minister may, by statutory order, establish a provincial Establishment of
local government appeals board in each Province which shall consist of provincial local
government
a Chairman and not less than three nor more than seven other members. appeals boards

(2) The members of a board shall be appointed by the Minister and shall
serve on a part-time basis.

(3) A person shall not be qualified for appointment as a member of a

board if-

(a) he holds the office of President of the Republic;

(b) he is a member of the National Assembly;

(c) he is a councillor;

(d) he is employed in any council;

(e) he is a member of any staff association of a council, a trade

 union or any other similar organisation;

(f) he is, under any law in force in Zambia, adjudged or otherwise

declared to be of unsound mind;

(g) he has been sentenced to a term of imprisonment exceeding six

months; or

(h) he is an undischarged bankrupt, having been adjudged or

otherwise declared bankrupt, under any law in force in Zambia.

(4) One of the members of the board shall be appointed by the Minister
as Chairman of the board.

(As amended by Act No. 30 of 1995)

94. (1) Subject to the other provisions of this section- Provisions relating
to the office of
member

(a) a member of a board shall hold office for a term of two years and
shall be eligible for re-appointment for such term, and shall serve on
such terms and conditions, as the Minister may determine;

(b) the office of a member shall become vacant-

(i) at the expiry of the term for which he was appointed or
re-appointed;
(ii) if any circumstances arise that, if he were not a member, would
cause him to be disqualified for appointment as such;
(iii) if he dies; or
(iv) if he resigns his office as such.

(2) A member may be removed from office by the Minister only for
inability to discharge the functions of his office, arising from infirmity
of body or mind or any other cause, or for misbehaviour.

(3) If the office of the Chairman is vacant or if the person holding that
office is for any reason unable to perform the functions of that office,
then, until a person has been appointed to, and has assumed the
functions of, that office or until the person holding that office has
resumed those functions, as the case may be, those functions shall be
performed by such one of the other members as may be designated in
that behalf by the Minister.

(4) A member shall not be eligible for appointment to any post in the
service of a council for a period of twelve months after he has ceased to
be a member.

(5) A member may resign from office by notice in writing addressed to

the Minister, and the resignation shall take effect when it is accepted by
the Minister.
(As amended by Act No. 30 of 1995)

95. A member shall be paid such allowances as the Minister may Allowances
determine.
(As amended by Act No. 30 of 1995)

96. The Provincial Local Government Officer shall be the secretary of Secretary
the provincial local government appeals board.
(As amended by Act No. 30 of 1995)

97. No action or other proceedings shall be brought against any Immunity of

member of a board for or in respect of any act done or omitted to be done members
in good faith in the exercise or purported exercise of his powers under
this Act or any regulation or rule made thereunder.
(As amended by Act No. 30 of 1995)

98. (1) Every member of a board shall, on appointment but before Oath of office
assuming office, take an oath in the form set out in the Third Schedule.

(2) Where any person is required to take an oath under this section and-

(a) he has no religious belief; or

(b) the taking of an oath is contrary to his religious belief;

he may take and subscribe a solemn affirmation in the form prescribed
by subsection (1) substituting the words "solemnly and sincerely declare
and affirm" for the word "swear" and omitting the words "SO HELP ME
GOD".
(As amended by Act No. 30 of 1995)

99. (1) The functions of a board shall be to- Powers of boards

(a) hear grievances from officers relating to promotions or

demotions;

(b) review disciplinary cases from the council relating to officers

and employees of that council; and

(c) hear appeals on disciplinary matters from officers and

employees of such councils.

(2) The decision of a board shall be binding upon the council and the
officer or employee, subject to an appeal to a court of competent
jurisdiction.
(As amended by Act No. 30 of 1995)

100. (1) Any decision of a board shall require the support of a majority Performance of
vote of all the members present at that meeting of the board: functions of boards

Provided that-

(a) if upon any question the votes of the members are equally
divided, the Chairman shall have a casting vote;

(b) whenever it considers it expedient for the proper discharge of its

functions, a board may invite any person to advise the board
upon any matter being considered by the board, but the board
shall not be bound to accept such advice.

(2) The quorum of a board shall be not less than one-half of all the
members.

101. Any person who, in connection with the exercise of any function of Offence of
supplying false
a board, wilfully gives to a board or any member thereof, any information
information which he knows to be false or misleading in any material
particular shall be guilty of an offence and shall be liable upon
conviction to a fine not exceeding six thousand penalty units or to
imprisonment for a term not exceeding two years, or to both.
(As amended by Act No. 30 of 1995)

102. Notwithstanding anything to the contrary in any other written Certain

law, no person shall in any legal proceedings be permitted or compelled communications to
be privileged
to produce or disclose any communication, written or oral, which has
taken place between a board or any member of a board or officer of the
board, or any council or any person employed by a council, or between
the members or officers or employees of the council in exercise of, or in
connection with the exercise of, any of the functions of a board, unless
the Minister has consented in writing to such production or disclosure.
(As amended by Act No. 30 of 1995)

103. (1) No person shall, without the consent in writing given by or on Unauthorised
behalf of a council or a board, publish or disclose to any person, disclosure of
information
otherwise than in the course of his duties, the contents of any document,
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 subsection (1) shall be

guilty of an offence and shall be liable upon conviction to a fine not
exceeding six thousand penalty units or to imprisonment for a term not
exceeding one year, or to both.

(3) If any person having information which to his knowledge has been
published or disclosed in contravention of subsection (1) unlawfully
publishes or communicates any such information to any other person, he
shall be guilty of an offence and shall be liable upon conviction to a fine
not exceeding six thousand penalty units or to imprisonment for a term
not exceeding one year, or to both.
(As amended by Act No. 30 of 1995)

104. Any person who otherwise than in the course of his duties directly Offence to
or indirectly by himself or by any other person in any manner influence or
attempt to
whatsoever influences or attempts to influence any decision of a board influence board
shall be guilty of an offence and shall be liable upon conviction to a fine
not exceeding ten thousand penalty units or to imprisonment for a term
not exceeding two years, or to both:

Provided that nothing in this section shall prohibit any person from
giving a certificate or testimonial to any applicant or candidate for any
office or prohibit any person from supplying any information or
assistance upon formal request made by a board.
(As amended by Act No. 30 of 1995)

105. Repealed by Act No. 30 of 1995.

106. No prosecution shall be instituted in respect of any offence under Fiat of Director of
section one hundred and four or section one-hundred and five except by, Public
Prosecutions
or with the consent of, the Director of Public Prosecutions.

PART XI

FIRE SERVICES

107. The Minister may, by statutory instrument- Fire services

(a) establish a fire authority for any area;

(b) alter the area of any fire authority;
(c) require a council to carry out the functions of a fire authority;
(d) require a fire authority to enter into arrangements with other fire
authorities or other organisations for mutual co-operation and
assistance;
(e) prescribe the powers and functions of a fire authority;
(f) regulate the operations of any fire brigade;
(g) regulate the standards for providing, maintaining and operating
by any person of-
(i) adequate fire-fighting equipment;
(ii) fire-prevention equipment or service;

(iii) fire-escape facilities in any premises;

(h) provide for the inspection of any premises by fire inspectors or
 fire officers;
(j) provide for the qualifications for appointment, powers and
functions of fire inspectors or fire officers, and for their names to
be notified in the Gazette; and
(i) provide for such matters as to him appear necessary for the
purposes of ensuring adequate fire services in any area.

PART XII

MISCELLANEOUS PROVISIONS

108. (1) A document requiring authentication by a council shall be Authentication of

sufficiently authenticated if signed by the principal officer of the council documents and
execution of deeds
or any other officer of the council authorised in that behalf by resolution
of the council.

(2) A deed shall be deemed to have been duly executed by the council if
the common seal of the council be affixed thereto in the presence of, and
attested by, one councillor and either the principal officer of the council
or any other officer of the council authorised in that behalf by resolution
of the council.

(3) Any document purporting to be a document duly authenticated or

executed by or on behalf of a council shall, unless the contrary is proved,
be deemed to be a document so executed or authenticated.

109. (1) Whenever, by or under this Act, it is provided that a document Inspection of
shall be open to the inspection by any person or class of persons. documents

(a) any such person may, without payment, take copies thereof or
make extracts therefrom;

(b) the council may supply a copy thereof or any extract therefrom
to any such person on payment of such charge, if any, as may be
imposed under this Act.

(2) A document shall be deemed to be open to the inspection of any

person or class of persons at all reasonable times if it is open to such
inspection at the offices of a council during the normal office hours of
the council.

110. A public notice required to be given by a council or by an officer Public notice

of a council shall be given by publication of the notice in a newspaper
circulating in the area of the council or in such other manner as the
Minister may approve.

111. (1) Where this Act or any other written law authorises or requires Service of
any document to be served upon a council, such document shall be documents
deemed to have been effectively served if served-

(a) personally upon the principal officer of the council or any other
person empowered by the principal officer of the council to
accept service on behalf of the council; or

(b) by post addressed to the principal officer of the council.

(2) Where this Act or any other written law authorises or requires a
council to serve any document on any person such document shall be
deemed to have been effectively served if served-

(a) personally upon such person, any agent of such person

empowered to accept service on his behalf or any adult of the
family of such person;

(b) by post addressed to the person at the last address known to the
council; or

(c) by affixing a copy of the document on some conspicuous part of

any premises or land to which it relates or in connection with
which it is authorised or required to be served; or

(d) where for any reason it is not possible to effect service of the
document in any of the manners described in paragraphs (a), (b)
and (c) by publication of a copy of the document in the Gazette
and in at least one newspaper circulating in the area of the
council.

112. (1) A council may institute criminal proceedings against any Legal proceedings
person before a subordinate court in respect of a contravention of this
Act within its area, or any by-law of the council, alleged to have been
committed by that person.

(2) Where a council deems it expedient for the promotion or protection

of the interests of the inhabitants of its area, it may institute or defend
any civil proceedings.

(3) A council may by resolution authorise any officer of the council,

either generally or in respect of any particular matter, to institute or
defend on its behalf proceedings before any subordinate court or to
appear on its behalf before a subordinate court in any proceedings
instituted by it or on its behalf or against it; and any officer so authorised
shall be entitled to institute or defend any such proceedings and to
conduct any such proceedings although he is not a legal practitioner.

(4) For the purposes of this section "subordinate court" means any court Cap. 28
established or recognised under the Subordinate Courts Act or the Local Cap. 29
Courts Act.

113. (1) The minutes of a meeting of a council or committee purporting Evidence

to be signed as provided by this Act, and any copy of or extract
therefrom duly authenticated shall be prima facie evidence in any
proceedings of the facts set out therein without proof of-

(a) the signature of the person presiding at the meeting; or

(b) the meeting to which the minutes refer having been duly
convened or held; or

(c) the person attending such meetings having been councillors or

members of the committee as the case may be.

(2) The books and registers of a council and any copy of or extract
therefrom duly authenticated shall, in any proceedings for the recovery
of any amount alleged to be due to the council, be prima facie evidence
of the amounts so due.

114. Any person who- Penalties for

 obstruction
(a) wilfully obstructs any officer, employee or agent of a council in
the discharge of his functions; or
(b) being the occupier of any premises, prevents the owner of such
premises from executing any work which he is required by or
under this Act to execute, or otherwise prevents the owner of
such premises from complying with any of the lawful
requirements of a council or of an officer, employee or agent of a
council; or
(c) being the occupier of any premises, on demand made by an
officer, employee or agent of a council, refuses or wilfully
mistakes the name of the owner of such premises;
shall be guilty of an offence and liable, on conviction, to a fine not
exceeding eighty penalty units or to imprisonment for a period not
exceeding six months, or to both.
(As amended by Act No. 13 of 1994)

115. (1) Any police officer may arrest without warrant any person upon Power of arrest
reasonable suspicion of his having committed a contravention of this
Act.

(2) Any officer of a council who is authorised thereto by the council

with the approval of the Inspector General of Police, may, when wearing
such uniform or bearing such visible badge of office as the council may
determine, arrest without warrant any person upon reasonable suspicion
of his having committed a contravention of this Act within the area of
the Council and may detain such person until he can be delivered into
the custody of a police officer to be dealt with according to law.

(3) No person shall be arrested or detained without warrant under this

section unless reasonable grounds exist for believing that, except by the
arrest of the person, he could not be found or made answerable to justice
without undue delay.

116. An officer or employee of a council shall not be personally liable Protection for
in respect of any act done by him in the execution or purported officers and
employees of
execution of this Act or any other written law and within the scope of his council acting in
employment, if he did that act in the honest belief that his duty under this good faith
Act or that written law required or entitled him to do it:
Provided that nothing in this section shall be construed as relieving a
council from any liability in respect of acts of its officers or employees.

117. Any function discharged by a person purporting to be an officer Validity of

or employee of a council shall not be invalidated only by reason of a discharge of
functions by
defect afterwards discovered in the appointment or qualifications of officers and
such officer or employee. employees of
council

118. (1) There shall be appointed for each Province a public officer Provincial and
styled the Provincial Local Government Officer and there may be District Local
Government
appointed for any District a public officer styled the District Local Officers
Government Officer.

(2) A Provincial Local Government Officer and a District Local

Government Officer shall within the Province or District for which he is
appointed-

(a) discharge such functions of the Minister under Statutory

Functions Act and this Act as may be delegated to him; and

(b) discharge such other functions as may be conferred or imposed

upon him by or under any written law.

119. (1) Whenever the Minister is authorised to approve, confirm or Powers of Minister
determine any matter for the purposes of this Act, then unless the to approve,
confirm or
context otherwise requires, the Minister may- determine matters

(a) approve, confirm or determine the matter generally or specially

and subject to such conditions and limitations as may be
specified in the approval, confirmation or determination;

(b) withdraw or alter any approval, confirmation or determination

so given or made;

Provided that no such withdrawal or alteration shall affect anything

lawfully done in pursuance of the approval, confirmation or
determination.
(2) Any approval, confirmation or determination of the Minister for the
purposes of this Act shall be signified-

(a) by statutory order; or

(b) by notice in writing addressed to the principal officer of the

council concerned;
and the withdrawal or alteration of any such approval, confirmation or
determination shall be signified in like manner.

120. (1) The Miniter may, for the better discharge of any of his Inquiries
functions under this Act, appoint a person or persons to inquire into any
matter relating to the discharge of those functions and, on the
completion of the inquiry, to report and make recommendations thereon
to the Minister.

(2) The provisions of the Inquries Act shall apply in relation to any
person appointed under this section as if those persons were
commissioners appointed by a commission issued under that Act and
references in that Act to commissioners and a commission shall be
construed accordingly.

(3) Nothing in this section shall be construed as requiring the Minister,

in the discharge of his functions under this Act, to give effect to any
recommendations made to him under subsection (1).

PART XIII

REPEAL, SAVINGS AND TRANSITIONAL

121. (1) Parts IX, X, XI, XII and XIII of the Local Administration Act Repeal and
are hereby repealed. transitional
provisions Act No.
15 of 1980

(2) On the establishment of a council for a District under this Act the
remaining provisions of the Local Administration Act shall cease to
have effect in or in relation to that District as if they had been repealed in
relation thereto; and when a council has been established under this Act
for every District in Zambia the Minister shall, by statutory order
declare the remaining provisions of the Local Administration Act to
have expired.

(3) Where a council is established for a District under this Act, the
Minister shall, by a transfer and vesting order, make such provisions as
may be, made in accordance with the First Schedule as is necessary and
appropriate for the vesting in the new council the property, rights and
obligations of the council established for that District by the Local
Administration Act, for the transfer of staff and for any other matter as
may be necessary or expedient for winding up the affairs of the council
established under the Local Administration Act and its succession as the
local government authority of the council established by this Act.

(4) A transfer and vesting order under this section may be made in
respect of any one council established by this Act or in respect of any
class or classes of such councils.

(5) Where as a consequence of any statutory order made by the

President under Provincial and District Boundaries Act-

(a) a new District is established;

(b) the area of any District is altered;

(c) a District ceased to exist, the Minister may, by statutory order (in
this Act referred to as a transfer and vesting order), make any
such provision as may be made in accordance with the First
Schedule for such changes as are necessary or appropriate as
regards the constitution, property, rights, obligations and staff of
and any other matter relating to, any council affected by a
change in its area, any new council or any council established for
a District which ceases to exist.

(6) Where a District ceases to exist, a transfer and vesting order made in
respect of the council established for that District shall include provision
for the disestablishment of the council.

(7) Where the name of any District is changed, the name of the council
established for that District shall be changed to conform with name of
the of the District.

122. Notwithstanding that the Local Administration Act shall have Savings
ceased to have effect in, or in relation to a District, or its repeal-
(a) any regulations, by-laws, rules or orders made or deemed to have
been made under the said Act and having force and effect
immediately before the commencement of this Act or, as the
case may be, before the establishment of a council under this Act
for the relevant District, shall, in so far as they are not
inconsistent with this Act and subject to their amendment or
revocation by a comparable authority under this Act, continue in
force and effect within the same territorial limits, and shall be
deemed to have been made by the successor, or a comparable,
authority under this Act;
(b) any standing orders regulating the duties and procedure of a
council established under the Local Administration Act or the
staff of such a council and having force and effect as provided in
paragraph (a), shall subject to their amendment or revocation by
a council established under this Act for the same District council
established under this Act for the same District, be deemed to the
standing orders of the council established under this Act;
(c) any licence or permit issued by, or any registration affected by, a
council established under the Local Administration Act under
any written law and having force and affect as provided in
paragraph (a), shall be deemed to have been issued, or affected
by the council for the same District established under this Act.

123. (1) The amendment of section nine by the Local Government Savings and
(Amendment) Act, 1995, shall not discontinue or otherwise affect the transitional
provisions
existence of any council, or affect the tenure of any councillor holding consequent on the
office immediately before that Act came into operation; and any such enactment of Act
councillor shall, on the commencement of that Act, be deemed to hold No. 30 of 1995
office under paragraph (c) of subsection (1) of that section, as amended
by that Act.

(2) The abolition of the Local Government Service Commission by the

Local Government (Amendment) Act, 1995 shall not affect, in any
manner, the employment of any person with a council.
(As amended by Act No. 30 of 1995)
FIRST SCHEDULE
(Section 5 and 121)

TRANSFER AND VESTING ORDERS

1. In this Schedule- "predecessor: means, as the case may require, a council established
under the Local Administration Act, or a council established under this Act for a District
which has ceased to exist or whose area has been decreased by changes in the area of the
District, and
"Successor" means, as the case may require, a council established under this Act for the
same District as a council established under the Local Administration Act or for a District
which has ceased to exist or whose areas has been increased by changes in the area of the
District.
2. A transfer and vesting order may make provisions for-
(a) the transfer to the successor of the funds, accounts investments and other property of the
predecessor;
(b) the transfer to the successor of any rights, liabilities and obligations of the predecessor;
Provided that in any case where an order is made as a result of a change in the areas of the
predecessor and the successor, any transfer of the kind mentioned in paragraph (a) or (b)
shall be commensurate with the changes involved;
(c) the substitution of the successor for the predecessor in any legal proceedings;
(d) in any case in which both predecessor and successor are continuing councils, the
payment of compensation, or of any contribution, by the successor to the prodecessor, or
the giving of guarantees by the one to the other;
(e) the transfer of staff and provisions for the transfer of superannuation benefits:-
(f) the preservation and transfer into proper custody of the record of a council.
3. In the case of a transfer and vesting order made under section five the order may also-
(a) provide for the alteration of the constitutions of councils concerned; and
(b) where any council ceases to exist, make the like provision as is made in section one
hundred and twenty-two.
SECOND SCHEDULE
(Section 61)

FUNCTIONS OF A COUNCIL

1. To establish and maintain offices and buildings for the purpose of transacting the General
business of the council and for public meetings and assembles. administration
2. To insure against losses, damages, risks and liabilities which the council may incur.
3. To maintain law and order and ensure national security and the good administration of
the council.

4. To prohibit and control the erection and display of advertisements and advertising Advertisements
devises in, or in view of, streets and other public places.

5. To establish and maintain farms and allotment gardens. Agriculture

6. To take and require the taking of measures for the-
(a) storage, market and preservation of agricultural produce;
(b) conservation of natural resources, and
(c) prevention of soil erosion, including the prohibition and control of cultivation.
7. To take and require the taking of measures for control of grass weeds and wild vegetation
and for the suppression and control of plant and insect pests and diseases.
8. To maintain, protect and control local forests and woodlands.
9. To control the keeping and movement of livestock.
10. To establish and maintain ponds.
11. To establish and maintain grazing grounds.
12. To take measures for the destruction and control of bees and of dangerous animals and
reptiles.
13. To control the slaughtering of animals the meat of which is intended for human
consumption; to control the sale of such meat; and to require the disposal of diseased
animals and carcasses and of meat which is unfit for human consumption.
14. To establish and maintain abattoirs, cold storage facilities and plans for the processing
of by-products from abattoirs.
15. To control the movement of the carcasses of animals.
16. (a) to establish and maintain roads;
(b) to exercise general control, care and maintenance of all public roads, streets, avenues,
lanes, sanitary lanes and footwalks forming part thereof, bridges, squares, ferries and water
courses and to remove all obstacles therefrom;
(c) to close or divert any public road street or throughfare;
(d) to close or divert ferries and water courses;
(e) to declare a street or road to be a public street or road;
(f) to compile and maintain a register of all public streets and roads;
(g) to make up to tarmacadamised standard any private street and to charge the statutory
leaseholders or occupiers of the land abutting on such streets in proportion to frontage and
to recover the costs as a civil debt; and
17. To prohibit and control the erection and laying in, under or over, and the removal from,
streets and other public places of-
(a) posts, wires, pipes, conduits, cable and other apparatus;
(b) temporary platforms, seats and other structures;
(b) street decorations.
18. To control traffic and the parking of vehicles and, for that purpose to establish and
maintain parking meters and premises for the parking of vehicles.
19. To take measures for the promotion of road safety.

20. To prepare and administer schemes for the encouragement of and participation in, Community
community development. development
21. To establish and maintain a system of lighting in streets and other public places.
22. To establish and maintain firefighting and prevention services, and to take and require
the taking of measures for the protection of life, property and natural resources from
damage by fire.
23. To control persons and premises engaged in or used for the manufacture, preparation,
storage, handling, sale or distribution of items of food or drink.
24. To brew beer.
25. To establish and maintain premises for the sale, of and to sell therefrom, items of food
and drink (including beer and other intoxicating liquor) for consumption on or off the
premises.
26. To establish and maintain catering services.
27. To erect, purchase and maintain buildings used as dwellings or clubs and, where it is in
the public interest, for use for business or professional purposes.
28. To erect, purchase and maintain buildings and facilities and encourage the erection of
dwellings needed for the accommodation of persons residing within the area of the council
29. To prohibit and control the development and use of land and buildings and the erection
of buildings, in the interests of public health, public safety, and the proper and orderly
development of the area of the council.
30. To control the demolition and removal of building and to require the altering demolition
and removal of buildings which-
(a) do not conform to plans and specifications in respect thereof approved by the council;
and or
(b) are a danger to public health or public safety.
31. (1) To require the statutory leaseholder or occupier of land to do any of the following
acts-
(a) to remove, lower or trim to the satisfaction of the council any tree shrub or hedge
over-hanging or interfering with traffic in any street or with any wires, or with works of the
council.
(b) to remove any dilapidated fence or structure abutting on any public street or place.
(c) to paint, distemper, whitewash or colourwash the outside walls or roof of any building
forming part of the premises;
(d) to tidy the premises; and
(e) to remove from the premises any unsightly debris, including derelict vehicles.
(2) To provide space no which debris and derelict vehicles may be deposited.
(3) To prohibit, control and require the fencing of land to control the use of barbed wire and
other dangerous materials for fencing.
(4) In the event of the statutory leaseholder or occupier failing to comply with a notice from
the council requiring him to perform any of the acts specified in sub-paragraph (1), to
undertake the work and charge the statutory leaseholder or occupier with the cost thereof.
32. To assign names to localities and numbers to premises and to require the number
assigned to any premises to be displayed thereon.

33. To establish and maintain parks, zoos, gardens, pleasure grounds, camping grounds, Public
caravan sites and open spaces. amenities
34. To plant, trim and remove trees, shrubs and plants in streets and other public places; and
to prohibit and control the planting, camping, destruction and removal of trees, shrubs, and
plants in streets and other public places.
35. To establish and maintain swimming baths and bathing places.
36. To establish and maintain art galleries, libraries, museum and film services.
37. To establish and maintain social and recreational facilities and public entertainments.

38. To establish and maintain a public transport service. Education

39. To establish and maintain colleges, schools and day nurseries.

40. To establish and maintain environmental health services. Public

(As amended by Act No. 22 of 1995) Health
41. To establish and maintain cremeteries, cremetoria and mortuaries and otherwise to
provide for and control the burial of the dead, and destitute persons who die in the area of
the council.
42. To control the manufacture, storage, sale and use of petroleum, fireworks, gas and other
combustible or dangerous substances; and to establish and maintain magazines and other
facilities for the storage thereof.
43. To take and require the taking of measures for the preservation and improvement of
public health and the prevention and abatement of nuisances including measures for the
extermination of mosquitoes and other insects rats, mice and other vermin.

44. To control persons, premises and land engaged in or used for the holding of any fair, Public
circus, fete or other entertainment, recreation or assembly to which the public are entitled or Order
permitted to have access, whether on payment or otherwise.
45. To prohibit or control the collection of money from door to door and in streets and other
public places.
46. To preserve public decency.
47. To prevent damage and trespass to property, whether public or private.
48. To establish and maintain public information services; and to advertise and give
publicity to the advantages and amenities of the area of the council.

49. To provide for and maintain- Registration

(a) the enumeration and registration of persons or property for any purpose connected with
the administration of the area of the council;
(b) the registration of births, marriages and deaths;
(c) the registration of clubs; and
(d) the registration of such transactions in connections with land charges as may be
prescribed in any written law relating to land charges.

50. To establish and maintain sanitary convenience and ablution facilities, and to require, Sanitation
whenever necessary, the establishment and maintenance of such facilities. and
51. To establish and maintain sanitary services for the removal and destruction of, or drainage
otherwise dealing with, all kinds of refuse and effluent, and compel the use of such
services.
52. To establish and maintain drains, sewers and works for the disposal of sewerage and
refuse.
53. To take and require the taking of measures for the drainage of water.
54. To require and control the provision of drains and sewers and to compel the connection
of any drains and sewers established by the council.
55. To prohibit and control the carrying on of offensive, unhealthy or dangerous trade.
56. To establish and maintain weighing machines.
57. To sell products and by-products resulting from the carrying on of any of the
undertakings or services of the council.
58. To establish and maintain the business of-
(a) manufacture;
(b) wholesale; and
(c) retailer.
59. To undertake mining operations.
60. To provide and maintain supplies of water and, for that purpose, to establish and
maintain waterworks and water mains.
61. To take and require the taking of measures for the conservation and the prevention of
the pollution of supplies of water.
62. With the consent of the Directors of Postal and Telecommunication Services, and
subject to such conditions as they may impose, to establish and maintain postal services.
63. To establish and maintain twin-town contacts.
THIRD SCHEDULE
(Section 98(1))

OATH OF MEMBERS OF BOARD

I,
having been appointed as Chairman\member of the Provincial Local Government Appeals
Board do swear that I will, without fear or favour, affection or ill will, discharge the
functions of the office of Chairman\member of the Provincial Local Government Appeals
Board, and that I will not, directly or indirectly reveal any matters relating to such functions
to any unauthorised person or otherwise than in the course of my duties.

SO HELP ME GOD
Sworn\Declared before me this day of ....................................
...........................19...........

Judge