Non-governmental ion Bill, 2009

8/14/2019 Non-governmental ion Bill, 2009

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THE NON-GOVERNMENTAL ORGANISATIONS BILL, 2009M E M O R A N D U M

The objects of this Bill are toprovide for the registration and co-ordination of non-governmentalorganisations;establish the Non-G overnmental O rganisations Registration B oard andthe Zambia Congress of Non-Governm ental Organisations;

constitute the Council of N on-Governmen tal Organisations;enhance the transparency, accountability and performance of non-

governmental organisations; and(e ) provide for matters connected with or incidental to the foregoing.

M . M A L I L A ,Attorney-General

N.A.B. 21, 200916th June, 2009


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2 No. of 20091on-Governmental OrganisationTHE NON-GOVERNMENTAL ORGANISATION

BILL, 2009A RRAN G E M E N T O F SE CTIO N S

PART IPRELIMINA RY

SectionShort title and commencem entA pplicationA dministration of A ctInterpretation

PA RT I ITHE N O N -G O VERN M E N TAL O RG A N ISATIO N S REG ISTRATIO N BO ARD

Establishment of Non-Governmental OrganisationsRegistration BoardComposition of BoardFunctions of Board

Registrar for Non-Governmen tal Organisations9. Documentation Centre

PA RT 111RE G ISTRATIO N O F N O N -G O VERM E N TAL O RG AN ISA TIO N

Prohibition of operation of unregistered organ isationA pplication for registrationOrganisation deemed to be established in Zam biaCertificate of reg istrationValidity of certificateRefusal of registrationRenew al of certificate of registrationSuspension an d cancellation of certificateL oss of certificateBoard m ay require proof of existence

20. Register N.A.B. 21, 2009


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Non-Governmental Organisation [No. of 2009 3Publication of organisationsA ppealsExempt organisationsNo diplomatic privileges or immunities for non-governmental organisations

P A R T IVDUTIES OF REGISTERED ORGANISATIONS

Chang e of name, objects, etcInformation to be furnished by organisationRegistered OfficeL ist of office bearers to be furnished to R egistrar onchange of office bearers

PA RT VSE LF RE G ULA TIO N BY N O N -G O VE RN M E N TA L O RG A N ISATIO N S

Establishment of C ongressConstitution of CouncilFunctions of CouncilCode of ConductPublication of Code of ConductM embership of interim Council

PA RT VIG E N E RA L PRO VIS IO N S

Transitional periodOffences and pen alties37. Regulations

SCHEDULE

N.A.B. 21, 2009


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Non-Governmental Organisation [No. of 2009 5

GOVERNMENT OF ZAMBIA

A BILLENTITLED

An Act to provide for the co-ordination and registration ofnon-governmental organisations; establish the Non-Governmental Organisations' Registration Board and theZambia Congress of Non-Governmental Organisations;constitute the Council of Non-GovernmentalOrganisations; enhance the transparency, accountabilityand performance of non-governmental organisations; andprovide for matters connected with or incidental to theforegoing.

ENA CTED by the Parliament of Zambia.nactmentP A R T I

P RELIMINARY

This Act may be cited as the Non-Governmentalhort title5Organisations Act, 2009, and shall come into operation on suchndcommencementdate as the M inister may, by statutory instrument, appoint.(1) This A ct does not apply to churches, clubs, political parties,pplicationprofessional groups or organisations, trade unions and religiousorganisations.1 02) The Minister may, by statutory instrument, extend theapplication of this A ct to such other organisations as the M inistermay determine.3. This Act shall be administered and implemented by thedministrationMinistry responsible for community development and social welfare.f Ac tN.A.B. 21, 2009


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6 No. of 2009]on-Governmental OrganisationInterpretation

Establishmentof Non-GovernmentalOrganisationsRegistrationBoard

Compositionof Board

In this A ct, unless the context otherwise requires"Board" means the Non-Governmental Organisations'

Registration Board established under section five;"certificate" means the ce rtificate of registration issued under

Part III of this A ct;"Congress" means the Zambia Congress of Non-

Governmental Organisations established under sectiontwenty-nine;

"Council" means the Council of Non-GovernmentalOrgan isations established under section thirty;"international non-governmen tal organisation" means a n on-

governm ental organisation with the original incorporationin one or m ore countries other than Zambia;"non - governmental organisation" means a private voluntary

grouping of individuals or associations, whether corporateor unincorporated, n ot established or operated for profit,partisan politics or any comm ercial purposes, and w ho orwhich have organised themselves for the promotion of civiceducation, advocacy, human rights, social welfare,development, c harity, research or other activity or programfor the benefit or interest of the public, through resourcesmobilised from sources within or outside Zambia;

"Register" means the Register of Non-GovernmentalOrganisations; and"Registrar" means the Registrar of non-governmentalorganisations appointed under section eight.

PA RT IITHE NON-GOVERNMENTAL ORGANISATIONS REGISTRATION BOARD

(1) There is hereby established the Non-GovernmentalOrgan isations' Registration Board.The provisions of the Schedule apply to the B oard.

The expenses and cost of the Board shall be paid out offunds appropriated by Parliament for the performance of theBoard's functions under this A ct.

6. (1) The Board shall consist of fifteen parttime members appointed by the M inister.N.A.B. 21, 2009


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(2) The Board shall comprise(a) two mem bers appointed by the M inister by virtue of themembers' knowledge or experience in development an dwelfare m anagement;

5b) one person each from the-M inistry responsible for health;M inistry responsible for home affairs;M inistry responsible for economic planning;Ministry responsible for community

10evelopment; and(v )he M inistry responsible for local government;a representative of the A ttorney - General;seven members elected by the Congress; and(e) the Registrar, as ex-o Icio member.

1 53) The M inister shall, on receiving the name s of the proposedrepresentatives under subsection (2), consider the nominations andmay reject any nom ination:Provided that where the Minister rejects any proposed

representative, the Minister shall direct the organisation or25nstitution which proposed the representative to avail theM inister with the name of another representative.

(3) The Minister shall, in making appointments under thissection, ensure equal gender representation on the Board.

The Chairperson and Vice - Chairperson shall be appointed30 by the Minister from amongst the members.

A person shall not be appointed as a member of the Boardif the personis an undischarged bankrupt;is insane or of unsound mind; or35c) has been convicted of an offence under any law.

(6) The Board may, with the approval of the Minister, co-optsuch number of persons not exceeding three in number to representsuch interests as may be determined by the Board.N.A.B. 21, 2009


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8 No. of 2009]on-Governmental OrganisationFunctions ofBoard

Registrar forNon-GovernmentalOrganisations

7. The functions of the Board are toregister non-governm ental organisations;approve the area of work of non-governmentalorganisations operating in Zambia;maintain a register of national and international non- 5governm ental organisations operating in Zambia, withthe sectors, affiliations and locations of their activities;recomm end the rules and procedures for the audit of theaccounts of non-governmental organizations;

(e ) prescribe rules for the de claration of assets an d liabilities0by officers of non-governmental organisations;receive and discuss the annual reports of non-governme ntal

organisations submitted by the non-governmentalorganisations pursuant to section twenty-six;advise the Government on the activities of the non-5governmental organisations and their role in developmentin Zambia;conduct a regular review of the Register to determine the

consistency of the reports submitted by the non-governmental organisations and the Council;0N provide policy guidelines to non-g overnmental organisationsforharmon izing their activities to the national development planfor Zambia;receive and discuss the reports of the Coun cil and advise 25on strategies for efficient planning and co-ordination ofthe activities of non -governmental organisations; andreceive, discuss and approve the code of conduct preparedby the Council for the self regulation of non-governmentalorganisations and their operations in Zambia.0

8. (1) There shall be a Registrar for Non-GovernmentalOrgan isations who shall be a public officer appointed by the PublicService Commission.The office of the Registrar shall be a department in theM inistry responsible for community development and social welfare. 35The Public Service Com mission shall appoint such other

officers as are necessary for purposes of this A ct.Documentation. The Board shall establish and maintain a documentationCentreentre on non-governmental organisations and their activities inZambia and such other information as may be necessary for the 40understanding and promotion of the contribution of non-governmental organisations to national development.N.A.B. 21, 2009


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Non-Governmental Organisation [No. of 2009 9PA RT HI

R E G I S T R A T I O N O F N O N - G O V E R N M E N T A L O R G A N I S A T I O N S

10. (1) Subject to section eleven, a person shall not operate arohibitionnon-governmental organisation that is not registered in accordancef operationof5 with this Act.nregisteredA n international non-governmental organisation shall notrganisationoperate in Zambia without registration under this A ct.A person who contravenes subsection (1) or (2) comm itsan offence and is liable, upon conviction, to a fine not exceeding10 three hundred thousand penalty units or to imprisonment for a term

not exceeding three years, or to both.(4) Any person who is convicted of an offence under this Act

shall be disqualified from holding office in any non-governm entalorganization for a period of ten years from the d ate of conviction.1 51. (1) A non-governm ental organisation shall, within thirty days

of its formation or of its adoption of a constitution, apply to theRegistrar for registration un der this Act.A non-g overnm ental organisation that submits an applicationfor registration under sub-section (1) may operate until a decision25 is made by the B oard on its application.An application for registration shall be made to theRegistrar, in the prescribed manner and form, upon payment of theprescribed fee.An application shall not be deemed to have been made30 un til it is received by the R egistrar.A n application for registration shall be made

by an officer of the proposed non-govern mental organisation andshall specifyin a list attached to the app lication, the office bearers of35he non-governmental organisation;the head office and postal address of the orga nisation;the sections of the proposed operations;

the districts, divisions and locations of the proposedactivities;40e) the duration of the ac tivities;0 all proposed sources of funding;the national and international affiliation and the relevantcertificates of incorporation; andsuch other information as the M inister may, by statutory

45nstrument, prescribe. ApplicationforregistrationN.A.B. 21, 2009


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10 No. of 2009]on-Gov ernm ental OrganisationOrganisationdeemed to beestablishedin Zambia

Certificate ofregistration

Validity ofcertificateRefusal ofregistration

(6) An application for registration under this section shall beaccompa nied by a ce rtified copy of the con stitution of the proposednon-governm ental organisation and such other information as theM inister may prescribe by statutory instrument.

12. (1) A non-governmental organisation shall be deemed to 5be established in Zambia although it is organised and has itsheadquarters or chief place of business outside Zamb ia, if any ofits officer-bearers or members reside in Zambia or are presenttherein, or if any person in Zambia manages or assists in themana gemen t of such organisation or solicits or collects money or 10subscriptions on its behalf.

(2) A non-governmental organisation shall not be deemed tobe established in Zambia ifit is organised and is operating outside Zambia;

no office, place of business or place of meeting is 15maintained or used in Zambia by the non-governm entalorganisation or by any person on its behalf;

no register of all or any of the members of the non-governmental organisation is kept in Zambia;no subscriptions are collected or solicited in Zambia by 20the organisation or by any person on its behalf; and( e ) it is not registered under this Aet.

13. (1) The Registrar shall, upon registering a non-governm entalorganisation under this A ct, issue the organisation with a certificateof registration in the prescribed form on suc h terms and cond itions 25as the Board may determine.(2) A certificate of registration shall be conclusive evidenceof authority of its holder to operate throughout Zambia or suchparts of the country as are specified therein.A certificate shall, unless cancelled, be valid for a period 30of three years from the date of issue.

(1) The Board shall reject an application for reg istrationof a non-governmental organisation ifthe proposed activities or procedures of the non-governm ental organisation are not in the public interest; 35the certificate previously held by the non-governm entalorganisation has been revoked by the Board;( c ) the applicant submits false information in relation to therequirements under subsection (5) of section eleven;

N.A.B. 21, 2009


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Non-Governmental Organisation [No. of 2009 11the Board is satisfied, on the recommendation of the

Coun cil, that the application should not be approved;the terms of the con stitution or rules of the organ isation

are repugnan t to, or inconsistent with, the provisions of5ny law;09 the application does not com ply with the provisions of thisAc t ;

(g) the Board is satisfied that the non-governmentalorganisation does not exist; or1 0h) the nam e under w hich the non-governmental organisation

is to be registered-is identical with that of another existing non-governmental organisation;resembles the name of another non-

1 5overnmental organisation and is likely todeceive the public; or(iii) is repugn ant or otherwise u ndesirable.The Board shall, w here it rejects an application, n otify the

applicant in writing of the rejection of the application and shall25 state the reasons therefor.Nothing in this Act precludes a non-governmentalorganisation whose application for registration is rejected undersubsection (1) from making a fresh application for registration.

(1) A non-governmental organisation may, at least three30 months before the expiry of its certificate, apply to the Board forthe renewal of the certificate.(2) The Board may, where an application is made under

subsection (1), issue a certificate to take effect from the date ofexpiry of the applicant's previous certificate.353) The Board may, on the issue of a new certificate underthis section, vary the terms and conditions attached to the certificate.(1) The Board may suspend or cancel a certificate of anon-governmental organisation wherethe non-govern mental organisation violates the terms or40onditions attached to the certificate;the non-governmental organisation fails to submit the

annual reports or the accounts or returns referred to inparagraphs (d ) and (e ) of section twenty-six;

Renewal ofcertificate ofregistration

Suspensionan dcancellationof ce rtificate

N.A.B. 21, 2009


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12 No. of 2009]on-Gov ernm ental Organisationthe officers or members of the non-governmental

organisation m isappropriate or m isapply the funds of theorganisation;the non-governm ental organisation or any of its officerscontravenes any provision of this Act or the Code of 5Conduct;( e ) the constitution of the non-g overnmen tal organisation isinconsistent with the provisions of any law;

0 the Council recommends the suspension or cancellationof the certificate of the non-governmental organisation;0the organisation alters its objects or pursues objects otherthan its declared objects; or

the non-governm ental organisation has ceased to exist.The Board shall serve a notice of the suspension orcancellation of a certificate and the reasons therefor on the non-5governmental organisation whose certificate is cancelled orsuspended and the suspension or cancellation of the non-governmental organisation, as the case may be, shall take effectfourteen days from the date of that notice.

The B oard shall, prior to the suspension or cancellation of a 20certificate, give the non-governmental organisation an opportunityto submit reasons why the certificate should not be suspended orcancelled.

Upon the suspension of a certificate, the Board shall specify,in writing the period of the suspension and during that period, the 25certificate so suspended shall be of no legal force or effect andshall be surrendered to the Registrar.

Upon the can cellation of a certificate under subsection (1),the Board shall notify the non-governme ntal organisation whosecertificate is cancelled, in writing of the can cellation and from the 30date of the notice, the certificate so cancelled shall no longer be ofany legal force or effect and shall forthwith be surrendered to theRegistrar.

Loss of8. (1) Where a non-governmental organisation losses acertificateertificate, the non-governmental organisation shall inform the5Registrar within fourteen days of the loss and shall, after a furtherperiod of fourteen day s, in the prescribed manner an d form, applyto the Board for the issuance of a duplicate certificate.(2) The Board shall, where an application is made undersubsection (1), issue a duplicate certificate.0

N.A.B. 21, 2009


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35


19. (1) The Board may, where it has reasonable grounds tobelieve that a registered non-governmental organisation has, forany reason, ceased to exist, publish in the Gazette a notice callingupon such non-governmental organisation to furnish it, within a

5 period of thirty days from the date of the notice, with proof of itscontinued existence.

Board mayrequire proofof existence

The proof given under subsection (1) shall be accompaniedby an authenticated recommendation by the Coun cil.The Board shall strike off the Register any non-

10 governmental organisation which fails to provide proof of itsexistence within the period stipulated under subsection (1 ) or if theCouncil report does not confirm the existence of the non-governmental organisation.

(4) The Council shall, where it has reasonable grounds to15 believe that an organisation has ceased to exist, recommen d to theBoard the manner of distributing the assets and liabilities of theorganisation and the reasons therefor.

20. (1) The Reg istrar shall keep a Register in which the Registraregistershall enter all the particulars and other inform ation relating to non-25 go vernmen tal organizations registered under this A ct.A person may, upon paym ent of the prescribed fee, inspectthe Register during the u sual office hours.A ny docum ent purporting to be an extract of any entry inthe Register and to be certified under the hand of the Registrar30 shall be received in evidence as to the matters stated therein in anyproceeding under the provisions of the A ct.21.The Reg istrar shall publish annu ally, in the Gazette--ublicationofevery registration effected under this A ct;rganisations

every suspension or canc ellation of registration under thisA ct; and(c ) every refusal to register a non-governm ental organisation

under this Act.22. (1) A non-governmental organisation which is aggrieved

by any decision of the Board made under this Part may, within40 sixty days from the date of the decision, appeal to the M inister.(2) On request from the M inister, the Board shall provide writtencommen ts on any m atter over which an appeal has been submittedto the M inister under this section.

Appeals

N.A.B. 21, 2009


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14 No. of 2009]on-Governmental OrganisationExemptorganisations

Nodiplomaticprivileges orimmunitiesfor non-governmentalorganisationsCap. 20

The Minister shall issue a decision on the appeal withinthirty days from the date of the appeal.A ny person aggrieved by the decision of the

M inister may within thirty days of receiving the decision from theM inister, appeal to the High Court.

The M inister may, on the recommendation of the Board,by notice in the Gazette, exempt any non-governmental organisationfrom registration under this A ct as the M inister may determine.

A non-governm ental organisation registered under this A ctshall not be entitled to diplomatic or consular privileges or immun ities0granted under the Diplomatic Immun ities A ct or any other writtenlaw.

PA RT IVD UTIES OF R EGISTERED N ON-G OVERNMENTAL O RGANISATIONS

Change ofname,objects, etc.

Informationto befurnished byorganisation

25. (1) A registered non-governmental organisation which5changes its name, its constitution or rules;alters its objectives;(c) becomes a branch of or affiliated to or connected withany organisation or group of whatever nature establishedwithin or outside Zambia;0shall notify the Registrar, in writing, within fourteen days thereof.

(2) Any office bearer of a registered non-governmentalorganisation who contravenes subsection (1) comm its an offenceand is liable, upon conviction, to a fine not exceeding e ighty thousandpenalty units or to imprisonment for a period not exceeding three 25months, or to both.

26. (1) The Registrar may request any registered non-governmental organisation to furnish within such period as theRegistrar may determine

a true copy of the constitution and rules of the non- 30governmental organisation;

the source of funding for the non-governmentalorganisation;

(c) a list of the office bearers of the non-governmentalorganisation or any committee or governing body of the 35non-governmental organisation;

N.A.B. 21, 2009


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Non-Governmental Organisation !No. of 2009 15the annual reports of the organ isation; an dsuch accounts, returns and other information as the M inister

may, by statutory instrument, prescribe.(2) A person who fails to furnish information in accordance

5 with subsection (I) comm its an offence and is liable, upon conviction,to a fine not exceeding eighty thousand penalty units or toimprisonment for a period not exceeding three months, or to both.

27. (1) A non-governmen tal organisation shall have a registeredoffice and postal address to w hich all commun ications and notices

10 sent under, or for the purposes of, this Act may be addressed.Notice of the situation of the registered office of a non-governmental organisation and of any change thereof or of the

postal address of the non-governm ental organisation shall be givento the Registrar within seven days from the date of the change an d15 the Registrar shall enter the particulars in the R egister.A ny non-governmental organisation which(a ) operates without having a registered office or without

giving notice of the situation of such office as requiredunder subsection (2);

25b) operates at any place to which its registered office mayhave been removed without having given notice of thechange of situation thereof to the Re gistrar; or(c ) fails to give notice to the Registrar of any change in its

postal address as required under subsection (1);30 commits an offence and is liable, upon conviction, to a fine not

exceeding one thousand penalty units for each day during whichsuch non-governmental organisation so operates or fails to givenotice of the change.

28. (1) A non-govern mental organisation which changes office35 bearers shall, within thirty days of such change, notify the Registrar

in writing of the change an d the Registrar shall enter the particularsof the new officer bearers in the Register.(2) Any person that contravenes subsection (1) commits anoffence and is liable, upon conviction, to a fine not exceeding on e40 thousand penalty units for each day during which the organisation

operates without furnishing the list of its office bearers or fails togive notice of the change to the Reg istrar.

Registeredoffice

L ist of officebearers to befurnished toRegistrar onchange ofoffice bearers

N.A.B. 21, 2009


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16 No. of 2009]on-Governmental OrganisationPART V

S E L F - R E G U L A T I O N B Y N O N - G O V E R N M E N T A L O R G A N I S A T I O N SEstablishmentof Congress

Constitutionof Council

Functions ofCouncil

Code ofConduct

(1) There shall be established a Zambia Cong ress of Non-Governm ental Organizations which shall be a collective forum ofall organizations registered under this A ct.(2) The Congress shall adopt its own structure, rules andprocedures for the efficient administration of its activities.

(1) There shall be a Council of Non-GovernmentalOrganisations which, subject to the direction of the Congress, shallbe responsible for the man agem ent and con trol of the affairs of the0Congress.The Council shall consist of twelve members who arerepresentatives of non-governmental organisations registered underthis A ct.M embers of the Council shall be elected at an annual general5meeting of the C ongress and shall hold office for such period andon such terms and conditions as the Congress may determ ine.

31. The functions of the Council are todevelop, adopt and administer the Code of Conduct forNon-Governmental Organisations;0facilitate and coordinate the work of non-g overnmen talorganisations operating in Zam bia; and

(c ) perform any other functions relevant for purposes of thisA ct as the Congress may determine.32. (1) The Council shall facilitate self-regulation by the non- 25governmental organizations on matters of activities, funding,

programmes, foreign affiliations, training, the development ofnational human resource, institution building, scientific andtechnological development and any other matters taking into accountnational security and the public interest.0

The Code of Conduct shall be adopted by a resolution at ameeting of the Congress, attended by not less than two-thirds ofthe registered organisations and supported by not less than three-quarters of the voting m embers present.

The Code of Conduct shall be subject to approval by the 35Board.(4) The Congress shall prescribe the responsibilities of non-governm ental organisations which, once approved by the Board,shall be construed as obligations under this A ct.N.A.B. 21, 2009


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Non-Governmental Organisation [No. of 2009 17(5) The Board shall ensure that the Code of Conduct is

consistent with the national development plan and the laws ofZambia.

(1) The Board shall cause the approved Code of Conduct5 to be published in the Gazette.(2) The C ode of Conduct shall, upon publication in the Gazette,be binding upon the non-governmental organisations.

The first twelve non-governmental organizations to beregistered by the Board under this Act shall comprise an interim10 Council competent to develop the Code of Conduct under this Part.P A R T V

Publicationof Code ofConduct

Membershipof interimCouncil

Transitionalperiod

G ENERAL P ROVISIONS35. (1) There shall be a transitional registration period, notexceeding ninety days from the date of the commencem ent of this15 A ct, for the registration of non-governm ental organisations whichare in existence at the commencement of this Act.

A non-governmental organisation which is registered underthe provisions of the Societies Act or any other written law shall, Cap. 119within the period specified in subsection (1) or such extended period

25 as the Minister may allow for the registration of the non-governmental organisation, apply for a certificate in accordancewith the provisions of this A ct.

Notwithstanding anything contained in this Act, no non-governmental organisation shall be deemed to be an unlawful

30 organisation until the period or extended period for registration underthis section has lapsed.36. (1) A person commits an offence whomakes, signs or utters a false statement or declaration in

support of an application or for a request for any35xemption under this Act; forges, defaces or alters acertificate;

on being required to do so, fails or refuses to produce tothe Registrar a certificate, constitution or other relevantdocument or information relevant for the purposes of

40his A ct;(c) knowingly or recklessly gives false or incompleteinformation for the purpose of obtaining a certificate orother requirement;

Offences andpenalties

N.A.B. 21, 2009


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18 No. of 2009]on-Governmental OrganisationRegulations

and is liable, upon conviction, to a fine not exceeding on e hundredthousand penalty units or to imprisonment for a period not exceedingsix months, or to both.

A ny person convicted of an offence under this section shallbe disqualified from holding office in any non-governmental 5organization for a period ofthree years.

On the conviction of an officer of a non-governmentalorganization under this section, the Board may de-register thatorganisation.0

37. (1) The M inister may, on the recommendation of the Board,by statutory instrument, make regulations for the better carryingout of the provisions of this A ct.

(2) Without prejudice to the generality of subsection (1),regulations und er that subsection m ay5make provision

for the procedure and forms to be used, and the feespayable, for registration, the declaration ofassets and liabilities and other matters under this A ct;

the information to be supplied in every application for 20registration and in the declaration of assets and liabilities;

for the format of the reports and returns to be submittedby the non-governmental organizations;

for the submission of ann ual and other periodical returnsrelating to the constitution, objects and m embership of 25registered non-governmental organisations;

for the terms and procedure for the Council of Non-Governm ental Organizations; and(g) for anything required to be prescribed under this A ct.

N.A.B. 21, 2009


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Non-Governmental Organisation [No. of 2009 19SCHEDULE(Section 3)

ADMINISTRATION OF BOARD(1) The seal of the Board shall be such device as may beeal of Board5 determined by the Board with the approval of the Minister andshall be kept by the Registrar.(2) Any document purporting to be a document under the sealof the Board or issued on behalf of the Board shall be received in

evidence and shall be executed or issued, as the case may be,10 without any further proof, unless the contrary is proved.(1) Subject to the other provisions of this Act, a member of

the Board shall hold office for a period of three years from thedate of appointment and may be re-appointed for a further likeperiod.

1 52) The office of a member becomes vacantupon the member's death;if the member is adjudged bankrupt;if the member is absent from three consecutive m eetings

of the Board of which the member has had notice,25ithout the prior approval of the Board;

upon the expiry of one month's notice of the member'sintention to resign, from office given by the m ember inwriting to the Board;

(e ) if the member becom es mentally or physically incapable30f performing the duties of a member of the Board;if the member is convicted of an offence under this Act;

or(g ) if the member is convicted of an offence under any otherwritten law and a sentenced therefor to imprisonment35or a term of six months or m ore.

3. (1) Subject to the other provisions of this Act, the Boardroceedingsmay regulate its own procedure.f Board(2) The Board shall meet for the transaction of business, atleast once in every three months at such places and times as the40 Board may determine. Tenure ofoffice ofmember andvacancyN.A.B. 21, 2009


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20 No. of 2009]on-Governmental OrganisationUpon giving notice of not less than fourteen days, a meetingof the Board m ay be called by the Chairperson and shall be called

if not less than one third of the members so request in writing:Provided that if the urgency of any particular matter doesnot permit the giving of such notice, a special meeting may be 5called upon a shorter notice given by three members of the

Board.The quorum at any meeting of the Board shall be six of themembers.

(5) There shall preside at any meeting of the Board0the Chairperson;in the absence of the Chairperson, the Vice - Chairperson;

an d(c) in the absence of both the Chairperson and the Vice-

Chairperson, such member as the members present may 1 5elect from among st themselves for the purpose of thatmeeting.

(6) A decision of the Board on any question shall be by amajority of votes of the members present and voting at the meetingand, in the even t of an equality of votes, the person presiding at the 20meeting shall have, in addition to a deliberative vote, a c asting vote.

Where a member is for any reason unable to attend anymeeting of the Board, the mem ber may, in writing, nominate anotherperson from the sam e organisation to attend such meeting in thatmem ber's stead and such person shall be deemed to be a mem ber 25for the purpose of that meeting.

The Board may invite any person whose presence in itsopinion is desirable to attend an d to participate in the deliberationsof a meeting of the B oard but such person shall have no vote.

The validity of any proceedings, act or decision of the Board 30shall not be affected by any vacancy in the membership of theBoard or by any defect in the appointment of any member or byreason that any person not entitled so to do, took part in theproceedings.

The Board shall cause minutes to be kept of the proceedings 35of every meeting of the Board and every meeting of any com mitteeestablished by the Board.

N.A.B. 21, 2009



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(1) The Board may, for the purpose of performing its functions Committeesunder this Act, constitute any committee and delegate to any such of Boardcommittee such of its functions as it thinks fit.(2) The Board may appoint as members of a committee5 constituted under sub-paragraph (1), persons who are or are not

mem bers of the Board and such persons shall hold office for suchperiod as the Board m ay determine.There shall be paid to members of the Board or any Allowancescommittee of the Board such allowances as the Board may, with of members

10 the approval of the M inister, determine.6. (1) If any person is present at a meeting of the Board or a Disclosure ofcommittee of a Board at which any matter, in which that person or interestany m ember ofthe person's imm ediate family is directly or indirectly

interested in a private capacity, is the subject of consideration, that15 person shall, as soon as practicable after the commencement ofthe meeting, disclose that interest and shall not, unless the Board orthe comm ittee otherwise directs, take part in any consideration ordiscussion of, or vote on any question relating to, that matter.(2) A disclosure of interest made under this paragraph shall be25 recorded in the minutes of the meeting at which it is made.7. (1) A person shall not, without the consent in writing givenby or on behalf ofthe Board, publish or disclose to any unau thorizedperson, otherwise than in the course of duties of that person, thecontents of any document, communication or information30 whatsoever, w hich relates to or which has come to the kn owledgeof that person in the course of that person's duties under this A ct.

Any person who contravenes the provisions of sub-paragraph (1) commits an offence and is liable, upon conviction, toa fine not exceeding one hundred thousand penalty units or to35 im prisonment for a term not exceeding two years, or to both.If any person, having any information which to theknowledge of that person has been published or disclosed incontravention of sub-paragraph (1), unlawfully publishes orcommunicates the information to any other person, the person40 commits an offence and is liable, upon conviction, to a fine notexceeding one hundred thousand penalty un its or to imprisonmentfor a term not exceeding tw o years, or to both.

8. An action or other proceeding shall not lie or be institutedagainst any m ember of the Board or a comm ittee of the Board, or45 any member of staff of the Board, for or in respect of any act orthing done or omitted to be done in good faith in the exercise orperformance, or purported exercise or performance, of any of thepowers, functions or duties conferred under this A ct.

Prohibitionofpublicationof, ordisclosure ofinformationtounauthorizedpersons

Immunity ofmembers ofBoard andstaff

N.A.B. 21. 2009


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Non-governmental ion Bill, 2009

Documents

Transcript of Non-governmental ion Bill, 2009