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PROVINCIAL COUNCILS AND ADMINISTRATION ACT (CHAPTER 29:11)

 

CHAPTER 29:11

PROVINCIAL COUNCILS AND ADMINISTRATION ACT

Acts 12/1985, 8/1988 (s. 164), 18/1989 (s. 36), 11/1991 (s. 26), 20/1998, 22/2001 (s.4).

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

  1. Short title.

PART II

PROVINCES AND PROVINCIAL GOVERNORS

  1. Declaration, alteration and abolition of provinces.
  2. Appointment of provincial governors.
  3. Qualifications for appointment as provincial governor.
  4. Term of office of provincial governors.
  5. Oaths of loyalty and of office to be taken by provincial governors.
  6. Vacation of office by provincial governors.
  7. Conditions of service of provincial governors.
  8. Functions of provincial governors.

PART III

ESTABLISHMENT, NATURE, FUNCTIONSANDMEMBERSHIP OFPROVINCIAL COUNCILS

  1. Establishment and naming of provincial councils.
  2. Provincial councils to be bodies corporate.
  3. Functions of provincial councils.
  4. Membership of provincial councils.
  5. Appointment of first members after establishment of provincial council.
  6. Terms of office of members of provincial councils.
  7. Filling of vacancies on provincial councils.
  8. Notification to provincial governor of appointment of members of provincial councils.

PART IV

MEETINGSAND PROCEEDINGS OFPROVINCIAL COUNCILS

  1. Presiding officer at meetings of provincial councils.
  2. Meetings and special meetings of provincial councils.
  3. Quorum at meetings of provincial councils.
  4. Attendance at meetings of provincial councils.
  5. Meetings of provincial councils to be open to public.
  6. Minutes of proceedings of provincial councils. 25. Validity of proceedings of provincial councils.

PART V

COMMITTEES OF PROVINCIAL COUNCILS

  1. Establishment and membership of provincial development committees.
  2. Chairmen of provincial development committees.
  3. Functions of provincial development committees.
  4. Meetings and quorum of provincial development committees.
  5. Joint meetings of provincial councils and provincial development committees.
  6. Other committees of provincial councils.
  7. Application of other provisions of Act to committees of provincial councils.

PART VI

STAFFOF PROVINCIAL COUNCILS

  1. Assignment of staff to provincial councils.
  2. Delegation of powers to assigned employees.

PART VII

POWERS OF PROVINCIAL COUNCILS 35. Conferring of powers on provincial councils.

PART VIII

ABOLITION ANDALTERATIONOF AREASOF PROVINCIAL

COUNCILS

  1. Abolition of provincial councils.
  2. Effect of abolition or alteration of areas of provincial councils.

PART IX

GENERAL

  1. Exemption of members, assigned employees and other persons from liability.
  2. Copy of Act and regulations to be available for inspection.
  3. Minister to be furnished with reports and information.
  4. Inquiries by Minister and appointment of investigators.
  5. Minister’s power to direct certain actions.
  6. Minister may rectify omitted acts.
  7. Execution and authentication of documents.
  8. Obstruction and impersonation.

AN ACT to provide for the declaration of provinces within Zimbabwe and the appointment of provincial governors for such provinces; to provide for the establishment and functions of provincial councils; and to provide for matters connected with or incidental to the foregoing.

[Date of commencement: 29th March, 1985.]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Provincial Councils and Administration Act [Chapter 29:11].

                       2    Interpretation

In this Act—

“assigned employee” means a member of the Public Service assigned to the service of a provincial council in terms of section thirty-three;

“local authority” means a municipal council, town council, local board or rural district council;

“Minister” means the Minister of Local Government, Rural and Urban Development or any other Minister to whom the President may from time to time assign the administration of this Act;

“Ministry” means the Ministry the administration of which has been assigned to the Minister;

“province” means an area declared to be a province in terms of paragraph (a) of section three and, in relation to any provincial governor or provincial council, means the province for which the provincial governor has been appointed or the provincial council established, as the case may be;

“provincial administrator”, in relation to any province, means a member of the Public Service— (a)          who holds the post of provincial administrator in the Ministry for the province concerned; or

(b) if there is no person referred to in paragraph (a), who is designated by the Minister as provincial administrator for the province concerned;

“provincial assembly of chiefs” means a provincial assembly constituted in terms of section 16 of the Chiefs and Headmen Act [Chapter 29:01];

“provincial council” means a provincial council established in terms of section eleven;

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