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CHAPTER 58 - ADMINISTRATOR-GENERAL ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Interest on Administrator-General's Investments Rules

Administrator-General (Fees) Rules

INTEREST ON ADMINISTRATOR-GENERAL’S INVESTMENTS RULES

[Sections 19 and 33]

[Rules by the Minister]

Act 13 of 1994,

GN 105 of 1950.

WHEREAS the Administrator-General has at all times in his hands moneys standing to the credit of various estates, being temporary cash balances awaiting distribution or investment:

AND WHEREAS in cases where moneys have so stood to the credit of an estate and the Administrator-General has deemed it impracticable or not for the benefit of the estate to keep the moneys separate and earn interest thereon, it has been his practice to pay such moneys until required into an account at a certain bank in accordance with section 19(2) of the Administrator-General's Act:

AND WHEREAS the Administrator-General has from time to time invested in securities issued by the Governments of the former Protectorate of Northern Rhodesia and of Southern Rhodesia and in the Post Office Savings Bank, and on fixed deposit with certain banks, the cash balance standing to the credit of the said account which in his opinion was in excess of that required for the time being to answer demands in respect of beneficiaries, creditors and other persons:

AND WHEREAS he has credited from time to time to the various estates under his administration the interest which in his opinion a private executor or administrator could have obtained and was under a duty to obtain for the benefit of each estate:

AND WHEREAS it is expedient to legalise the said dealings by the Administrator-General with the moneys as aforesaid and to provide for the payment into general revenue of the balance of the dividends and interest not so credited to individual estates by the Administrator-General:

NOW WHEREAS, the following Rules have been made:

1. These Rules may be cited as the Interest on Administrator-General’s Investments Rules.


{mprestriction ids="2,3,5"}

2. The said dealings by the Administrator-General with the moneys aforesaid shall be deemed always to have been lawful.

3. The Administrator-General shall pay into general revenue the dividends and interest at present held by him which in his opinion are not required to be credited to individual estates as aforesaid.

4. The Administrator-General may continue to invest in securities issued by the Government and in the Post Office Savings Bank, and place on fixed deposit with approved banks, the cash balance standing to the credit of the said account which in his opinion is in excess of that required for the time being to answer demands as aforesaid, and may in his sole discretion continue to credit interest to individual estates as aforesaid and shall annually pay into general revenue such dividends and interest as in his opinion are not required therefor.

ADMINISTRATOR-GENERAL (FEES) RULES

[Sections 23 and 33]

[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]

Arrangement of Rules

   Rule

   1.   Title

   2.   Interpretation

   3.   Prescribed fees

   4.   Time for payment

   5.   Waiver, reduction or increase of fees

[Rules by the Minister]

GN 95 of 1950.

 

1. Title

These Rules may be cited as the Administrator-General (Fees) Rules.

 

2. Interpretation

In these Rules, unless the context otherwise requires—

“gross value of the estate” means the gross value at the date of death of all property which vests in the Administrator-General and shall include the increase in value of any particular item which may occur on its realisation by him.

 

3. Prescribed fees

Where the Administrator-General is acting as executor, administrator or trustee in any estate, the following fees shall be charged:

      (a)   upon the gross value of the estate, according to the following scale:

 

Fee units 

where the gross value does not exceed K50 

45 

where the gross value does not exceed K100 

60 

where the gross value does not exceed K150 

75 

where the gross value does not exceed K200 

90 

where the gross value exceeds K200: 

 

   5 per centum on the first K2,000 

 

   4 per centum on the next K2,000 

 

   3 per centum on the next K2,000 

 

   2 per centum on the next K2,000 

 

   1 per centum on the next K12,000 and 

 

   1/2 per centum on the remainder; and 

 

      (b)   upon all income received and accounted for by the Administrator-General, 5 per centum; and

      (c)   upon every K200 or part thereof available for dividend in an insolvent estate, the sum of 60 fee units.

[Am by Act 13 of 1994.]

 

4. Time for payment

Such fees shall be payable on completion of the administration of the estate, but where, prior to the completion of an administration, accounts are submitted to beneficiaries, a pro rata proportion of the fees shall then be payable. On payment thereof, the Administrator-General shall make and initial or cause to be made and initialed a note on his account showing the fee paid and the number of the receipt recording the payment.

 

5. Waiver, reduction or increase of fees

Where it appears to the Administrator-General that the circumstances of an administration are such as to render his duties in relation thereto—

      (a)   exceptionally simple or otherwise are of an exceptional character, he may remit all or any part of the above fees; or

      (b)   exceptionally onerous, he may charge a special fee in addition to the above fees. In such estate the total of fees to be charged will be those which a solicitor would be entitled to charge under the High Court Rules, if a solicitor had been appointed executor and had been authorised to charge for his services.{/mprestriction}