CHAPTER 170 – THE NATIONAL ARTS COUNCIL OF ZAMBIA: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
National Arts Council of Zambia Regulations
National Arts Council of Zambia Rules
NATIONAL ARTS COUNCIL OF ZAMBIA REGULATIONS
[Section 31]
Arrangement of Regulations
Regulation
PART I
PRELIMINARY
1. Title
2. Allowances
3. Cultural officers
4. Suspended registered body
5. Books of account
6. Register of Members
7. Contracts of service
8. Tours
9. Application for affiliation
10. Administrative and scrutiny charge
SI 128 of 1995.
[Regulations by the Minister]
PART I
PRELIMINARY
These Regulations may be cited as the National Arts Council of Zambia Regulations.
(1) A member of the Council or of any committee established under the Act shall be paid the allowances set out in the First Schedule for each sitting.
(2) The allowances referred to in sub-regulation (1) shall be paid from the funds of the Council and shall accrue to each member with effect from the date of appointment as member.
(1) The Department of Cultural Services shall recruit, as cultural officers, persons who are professionally qualified and competent in various specialised aspects of the arts.
(2) The role of a cultural officer shall be to–
(a) complement the efforts of the Council in carrying out its functions under the Act; and
(b) provide such necessary data and information on all aspects of the arts as may be required by the Council and facilitate research into the arts.
(3) A provincial cultural officer shall facilitate the work of the Council in the provinces where provincial arts advisory committees have not been established, and after these committees have been established, the provincial cultural officers shall become ex-official members of the committee.
4. Suspension of registered body
(1) Where an executive committee of a registered body is suspended, the Council shall immediately appoint, in writing, an interim committee to take over the management of the registered body so suspended.
(2) The chairman of the interim committee shall be a member of the Council, but shall not be a member of the Executive Committee of the registered body suspended.
(3) The Council shall prescribe in the appointment the powers of the interim committee and duration of the appointment.
(1) A registered body shall keep and maintain such books of account as shall be necessary to maintain correct records of all its financial matters, so as to enable auditors to audit the books.
A registered body shall keep and maintain a register containing information relating to all its members and affiliated members and the register shall be available for inspection by the Council.
A registered body shall send, for approval by the Council, draft contracts of service of professional artists in its specialised art form.
(1) A registered body shall, with the approval of the Council, determine the manner in which national or representative arts groups shall represent Zambia on tours or at international gatherings.
(2) A registered body shall apply to the Council for any financial assistance, or otherwise, for a national or representative arts group to undertake any artistic activity within or outside Zambia.
(3) An application under sub-regulation (2) shall be lodged with the Council at the beginning of each year and shall outline the financial requirements of the registered body for that year.
9. Application for affiliation
(1) An associate body other than a provincial arts advisory committee shall apply to the Council for affiliation in the form prescribed in the Second Schedule.
(2) An associate body shall when applying for affiliation pay the affiliation fees prescribed in the Third Schedule.
10. Administrative and scrutiny charge
Every associate body making an application under sub-regulation (1) of regulation 10 shall pay an administrative and scrutiny charge prescribed in the Fourth Schedule.
[Regulation 2 (1)]
Allowances per sitting
Chairman
K25,000
Member
K20,000
[Regulation 9 (1)]
National Arts Council of Zambia
Application for affiliation as associate body
The Director
P.O. Box
Lusaka
1. We hereby apply for affiliation as an associate body of: (full names of institutional arts association) ............................................
2. Full address, telephone and tele numbers ............................
3. Founded: (Day, Month and Year) ..............................................
4. We attach hereto the following documents–
(a) two copies of the current constitution of the association;
(b) A memorandum duly signed by the Chairman and the Secretary giving the following–
(i) full names and addresses of the office-bearers;
(ii) the funds available and sources of revenue;
(c) list of names and addresses of any arts institutions or organisations already affiliated to;
(d) minutes of the previous meeting at which the association resolved to apply for affiliation.
Chairman
Secretary
Full name: .......................
Full name: ................
Signature: ....................
Signature: ....................
Date of application: ...............
[(Regulation 9 (2)]
Affiliation fees
Fee units
Primary Schools
50
Secondary Schools
100
Universities and Colleges
500
[Regulation 10]
{mprestriction ids="2,3,5"}
Affiliation and Scrutiny Charge
Fee units
All affiliated bodies:
100
NATIONAL ARTS COUNCIL OF ZAMBIA RULES
[Section 30]
Arrangement of Rules
PART I
PRELIMINARY
Rule
1. Title
PART II
REGISTRATION, FEES AND CHARGES
2. Application for registration
3. Fees and Charges
PART III
CODE OF CODUCT
4. Activities outside Council
5. Prohibition of provision of information to press
6. Prohibition of abuse of funds, etc., of Council
7. Prohibition of representation without authority
8. Standards
9. Promotion of artists
PART IV
COMPETITIONS, HONOURS AND AWARDS
10. Furnishing of rules to Council
11. Approval of presiding Judge
12. Publicity for competition
13. Adjudicators guidelines
PART V
LICENCES
14. Prohibition of promotion of artistic activity without licence
15. Application for licence as promoter
16. Details on application
17. Licences not transferable
18. Replacing of licence
19. Waive payment
20. Suspension or cancellation of licence
21. Temporary licence
22. Conditions of temporary licence
23. Application for temporary licence
24. Refund
PART VI
FOREIGN ARTISTS UNDERTAKING ACTIVITIES IN ZAMBIA
25. Application for clearance
26. Artists from outside Zambia
27. Conditions of clearance
28. Endorsement on application
29. Reasons for refusal
30. Appeal to Minister
31. Cancellation of clearance
32. Clearance fee
33. Cultural exchanges
PART VII
GENERAL
34. Voting powers
35. Inspection of accounts
36. Validity period
37. Offences and penalties
SI 129 of 1995,
SI 29 of 2001.
[Rules by the Minister]
PART I
PRELIMINARY
These Rules may be cited as the National Arts Council of Zambia Rules.
PART II
REGISTRATION, FEES AND CHARGES
2. Application for registration
An application for registration as a registered body shall be submitted to the Registrar in NAC Form 1 set out the First Schedule.
Every registered body shall pay to the Council the fees or charges prescribed in the Second Schedule.
PART III
CODE OF CONDUCT
A member of the Council shall not engage in any activities outside the Council which may cause discredit to the Council.
5. Prohibition of provision of information to press
A member of the Council shall not provide information to the press on the activities of the Council without obtaining prior authorisation from the Council.
6. Prohibition of abuse of funds, etc., of Council
A member of the Council shall not abuse funds, premises and property of the Council.
7. Prohibition of representation without authorisation
A member of the Council shall not represent the Council at public artistic gatherings inside or outside Zambia, without prior authorisation from the Council.
Every registered body shall maintain high standards in its respective speciality in the performing and visual arts.
PART IV
COMPETITIONS, HONOURS AND AWARDS
The Council shall promote local and international artistic performances and exhibitions and assist registered bodies in training, research and publications.
Every registered body shall, within two months of registration and prior to the holding of any competition, furnish the Council, for approval, with the rules relating to the adjudication of competitive exhibitions and performance of members organisations within the registered body.
11. Approval of presiding judge
The Council shall approve the person to preside as Judge in every adjudication of competitive exhibitions or performance by the registered bodies.
Every registered body shall give adequate publicity whenever it holds any competitions or adjudication in order to ensure that there is wide participation of all members of that registered body.
The Council shall in carrying out competitions under these Rules follow guidelines set out in the Third Schedule.
PART V
LICENCES
14. Prohibition of promotion of artistic activity without licence
A person shall not promote any activity unless he is licensed by the Council.
15. Application for licence as promoter
An application for a licence, or renewal of a licence, as a promoter shall be in NAC Form 2 prescribed in the First Schedule and shall be lodged with the Council.
Every application for a licence or renewal of a licence shall be accompanied by the appropriate fee and a detailed account of the applicant's previous promotions, if any.
(1) A licence granted under these Rules shall be personal to the applicant and shall not be transferable.
(2) A holder of a licence under these Rules shall give written notice to the Council of–
(a) any proposed alteration to; or
(b) the occurrence of any event which he knows affects or may affect in any material respect any matter in respect of which he was required to supply information to the Council in the course of his application for that licence.
(3) A holder of a licence shall obtain the consent of the Council before–
(a) implementing any alteration referred to in paragraph (a) of sub-rule (2).
(b) taking an action resulting from any event referred to in paragraph (b) of sub-rule (2).
(4) A licensee shall not carry on, nor hold himself out, as carrying on any promotions other than that permitted by his licence.
Where the Council is satisified that a licence has been inadvertently lost, destoyed or defaced, the Council shall replace the licence on payment by the licence of the prescribed fee.
Where the Council considers it appropriate in exceptional circumstances the Council may wiave payment of all or part of the fee which would otherwise be payable under these Rules.
20. Suspension or cancellation of licence
(1) The Council may suspend, or cancel a promotor'slicence if the promoter violates any of the provisions of the Act or these Rules or is in breach of the terms of the contract with the artist he is promoting.
(2) Where the Council suspends or cancels a promoter's licence, the Council shall outline the conditions of the suspension or cancellation in the letter communicating the suspension or cancellation to the promoter.
(3) A promoter who is aggrieved with the Council's decision to suspend or cancel his licence may appeal to the Minister within seven days.
The Council may grant a temporary licence to a charitable organisation or a similar insitution or to an individual for purposes of promoting an artistic activity for a specified period of time, if the Council is satisfied that such a promotion will not result into pecuniary gain to the promoter.
22. Conditions of temporary licence
The Council may, in granting a temporary licence under rule 21, attach to the licence the terms and conditions to be fulfilled by the promoter taking into account the nature and purpose of the promotion, and any fees to be paid, if any, and the monitoring of the promotion by the Council.
23. Application for temporary licence
An application for a temporary licence shall be in NAC Form 3 prescribed in the First Schedule.
Where it appears to the Council that owing to the exceptional cirumstances of a particular case, the retention by the Council of a fee which has been paid by a promoter would be inequitable, the Couincil may refund all or part of the fee to the promoter.
PART VI
FOREIGN ARTISTS UNDERTAKING ARTISTIC ACTIVITIES IN ZAMBIA
(1) Every promoter from outside Zambia who seeks to promote an artist or art dealer, in Zambia shall apply to the Council for clearance not less than three calendar months prior to the holding of any artistic activity.
(2) The application referred to in sub-rule (1) shall be in NAC Form 4 prescribed in the First Schedule.
26. Artists from outside Zambia
(1) An artist or art dealer from outside Zambia shall not undertake any artistic activity, or the public promotion of that activity, without a clearance certificate issued by the Council.
(2) The artist or art dealer referred to in sub-rule (1) shall apply to the Council in NAC Form 4 prescribed in the First Schedule.
Where the Council decides to give clearance to a promoter, artist or art dealer, it may attach such conditions as it considers necessary and may include the following–
(a) that a representative of the Council may be present at some public artistic activities;
(b) that a local artist or artistic group may accompany the artist from outside Zambia during the public artistic activities; and
(c) that the artist from outside Zambia may be requested to conduct workshops, clinics or training sessions for local artists to help promote the artistic excellence of local artists.
28. Endorsement on application
Every application for clearance shall be endorsed by two representatives of the appropriate registered body supporting such appliction.
(1) On receipt of the application for clearance the Council shall without undue delay give or refuse to give clearance to the promoter.
(2) Where a Council refuses to give clearance it shall furnish reasons for such refusal.
An applicant whose application has been rejected by the Council may appeal to the Minister within twenty-one days.
During the artistic activities of an artist from outside Zambia, the Council shall, in consultation with the appropriate registered body reserve the right to cancel the clearance of the artist if the continuation of the artistic activity is, in the opinion of the Council, repugnant to, or inconsistent with, the provision of any law for the time being in force in Zambia or that the artistic activity is contrary to public interest.
A promoter of the artist from outside Zambia shall pay a clearance fee to the Council calculated as ten per centum of the expected income or five thousand fee units whichever is the less before the clearance certificate is issued.
All artistic activities which are non-commercial and are promoted on a cultural exchange basis between the Government of the Republic of Zambia and foreign governments shall be cleared by the Council and no fee and such clearance shall be on condition that to the artist, or promoter does not realise any income as a result of the artistic activity.
PART VII
GENERAL
Every member of the Council shall have one vote in all meetings of the Council or a committee created by the Council.
All books of account and financial records of registered bodies shall be subject to inspection by the Council or any auditor appointed by the Council to carry out such inspection.
Every clearance certificate, licence or any authorisation given by the Council shall specify the period of validity.
Any person who contravenes any of the provisions of these rules shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding five thousand penalty units.
[Rule 2]
NATIONAL ARTS COUNCIL OF ZAMBIA NAC
FORM 1
APPLICATION FOR REGISTRATION AS REGISTERED BODY
To:
The Register of National Arts Associations
P.O. Box
Lusaka
1. We hereby apply for registration of: (Full names of Association) ..........
2. Full address, telephone number and location of the headquarters of the Association: .............................
3. Founded: Day, (Month and Year) ..................................
4. Current affiliated Provincial Associations: ..........................
5. Other affiliated Associations: ...............................................
6. Current number of affiliated clubs: ..............................
7. We attach hereto the following documents–
(a) Two copies of the current constitution of the association or organisation;
(b) A memorandum duly signed by the Chairman and Secretary giving the following information–
(i) the names and addresses of the office bearers of the association or organisation;
(ii) the funds available and the sources of revenue;
(iii) the principal and other places of operation;
(iv) details of past activities, future plans and budgetary requirements for current and subsequent years.
(c) A list of names and addresses of all International arts federations to which the Association is affiliated;
(d) A list of names and addresses of all clubs affiliated to the Association;
(e) Minutes of the previous annual general meeting of the Association at which the association resolved to apply for registration;
(f) Statement on the programme of action, both short and long term.
Full name Full Name
Signature Signature
Chairman Secretary
NATIONAL ARTS COUNCIL OF ZAMBIA NAC
FORM 2
APPLICATION FOR A LICENCE AS A PROMOTER (Rule 15)
To: The Director of the Council
P.O. Box
Lusaka
1. Full name and promotional name, if any, or promoter: ............................
2. Full address, telephone number and telefax numbers of promoter: .................................................
3. Full physical address of business premises: ........................................
4. Full name and address of bankers (for reference purposes): .........................
5. Type of artistic activity expected to be promoted during the validity of licence: ......................................
6. Venue or venues and proposed dates (where known) for artistic activity: ........................................
7. List of previous major promotions, if any, and dates when the took place; ...........................................
8. Endorsement by two representatives of the appropriate registered body–
(a) Name of registered body; ......................
(b) Name of official: ................
Designation: ...................
Signature: ............................
(c) Name of official: ..................
Designation: ..................
Signature: .......................
(d) Date of endorsement: ...................
9. Name of applicant: ...................................
10. Signature of applicant: ................................
11. Date of application: .................................
NATIONAL ARTS COUNCIL OF ZAMBIA NAC
FORM 3
APPLICATION FOR A TEMPORARY LICENCE AS A PROMOTER
[Rule 21]
To:
The Director of the Council
P.O. Box
Lusaka
1. Full name and promotional name, if any: ..........................................
2. Full name, telephone and telefax numbers of promoter: ......................
3. Full physical address of the business premises: ............................
4. Type of artistic activity to be promoted: ....................................
5. Venue or venues and proposed dates for the artistic activity: ....................................
6. Endorsement by two representatives of the appropriate registered body–
(a) Name of registered body; ..........................
(b) Name of official: .........................................
Designation: ..................................................
Signature: ...................................
(c) Name of official: ..................................
Designation: .......................................
Signature: ......................................
(d) Date of endorsement: ...................................
7. Name of applicant: .....................
8. Signature of applicant: ............................
9. Date of application: .....................................
NATIONAL ARTS COUNCIL OF ZAMBIA NAC
FORM 4
APPLICATION FOR CLEARANCE FOR FOREIGN ARTISTS
[Rule 25]
(to be received not less than 3 months prior to the activity)
To: The Director of the Council
P.O. Box
Lusaka
1. Full names of foreign promoter:/artist/art dealer: .........................
2. Full address, telephone and telefax numbers of foreign promoter: .......................... artist/art dealer:
3. Full names of local counterpart promoter: ...........................
4. Full address, telephone and telefax numbers of local counterpart promoter: ................................
5. Full names and address of the main artist and promotional name, if any, of the artist to be promoted in Zambia and country or countries of origin: ..................................
6. Full names and address of agent or manager of the foreign artists: ......................................
7. Full list of all individual members of the entourage together with their individual details of passport numbers, issuing authorities and dates of expiry: ....................................................................
8. Proposed dates of entry into and exit from Zambia:
9. List of proposed venues for the artistic activity: ..............................
10. Full list of equipment, instruments, materials, to be temporarily imported into Zambia for the artistic activity and to be exported after the artistic activity has been completed: ....................................
11. List of items intended to be sold in Zambia, and their values during or after the artistic activity: .........................................................
12. The application is to be accompanied with–
(a) a copy of a valid local counterpart promoter's licence;
(b) a copy of a contract between the artist/agent/manager and the promoters with details of payment arrangements;
(c) a non-refundable administrative and scrutiny charge.
(N.B. The clearance fee of ten per cent of the estimated gross income of the artistic activity shall be paid when the Council approves the application).
13. Endorsement by two representatives of the appropriate registered body–
(a) Name of registered body: .............................
(b) Name of official: .............................................
Designation: ...................................
Signature: .............................
(c) Name of official: ............................
Designation: ............................
Signature: ...........................
(d) Date of endorsement: ......................
14. Name of applicant: ................................
15. Signature of applicant: .......................
16. Date of application: .............................
Please note that no promotion of the artistic activity, by advertisement or otherwise, outlined in this application is allowed to be undertaken in any manner before a clearance certificate is obtained from the Council, and failure to comply with this Council Rule may render the application invalid.
[Rule 3]
[Second sch subs by reg 2 of SI 29 of 2001.]
FEES AND CHARGES
Fee Units
1. Registered as a registered body
278
2. Replacement of certificate of registration
139
3. Annual subscription to the Council
2,778
4. Licence as a Promoter (individual/promotional Organisations)
2,778
5. Licence as a Promoter (Tourist Establishment)
1,944
6. Licence as a Promoter (Tourist Establishment)
5,556
7. Replacement of licence
2,778
8. Clearance Certificate for foreign artists
4,167
9. Administrative and scrutiny charges for all applications to the Council
278
NATIONAL ARTS COUNCIL OF ZAMBIA
[Rule 13]
ADJUDICATORS GUIDELINES
N.B. The NAC should look at the existing Adjudicators Guidelines and incorporate them in this Schedule with inclusions, if any, or those forms of the arts not already included.{/mprestriction}