Zimbabwe National Family Planning Council Act
- Commenced on 1 August 1985
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
Part I – Preliminary
1. Short titleThis Act may be cited as the Zimbabwe National Family Planning Council Act [Chapter 15:11].
2. InterpretationIn this Act—“appointed member of the Board” means a member of the Board referred to in paragraph (e), (f), (g), (h), (i), (j), (k), (l) or (m) of subsection (2) of section four;“Board” means the Zimbabwe National Board of Family Planning referred to in subsection (1) of section four;“Council” means the Zimbabwe National Family Planning Council established by section three;“Executive Committee” means the Executive Committee of the Board referred to in subsection (1) of section five;“Executive Director” means the Executive Director of the Council appointed in terms of subsection (1) of section twenty;“member” means a member of the Board, and includes an alternate member appointed and acting in terms of subsection (5) of section four;[definition inserted by section 2 of Act 19 of 2004]“Minister” means the Minister of Health and Child Welfare or any other Minister to whom the President may, from time to time, assign the administration of this Act;“Provincial Branch” means a Provincial Branch of the Council referred to in subsection (1) of section twenty-four.“Provincial Committee” means a Provincial Committee of the Board referred to in subsection (1) of section twenty-five.
Part II – Zimbabwe National Family Planning Council and Zimbabwe National Board of Family Planning
3. Establishment of Zimbabwe National Family Planning CouncilThere is hereby established a council, to be known as the Zimbabwe National Family Planning Council, which shall be a body corporate capable of suing and being sued in its corporate name and, subject to this Act, of performing all such acts as bodies corporate may by law perform.
4. Zimbabwe National Board of Family Planning
5. Chairperson and Vice-chairperson of Board
6. Committees of Board[heading amended by section 8 of Act 19 of 2004]
7. Disqualifications for appointment to BoardThe Minister shall not appoint a person as a member of the Board and no person shall be qualified to hold office as a member of the Board who—
8. Tenure and conditions of office of appointed members of Board
9. Vacation of office by appointed member of BoardAn appointed member of the Board shall vacate his office and his office shall become vacant—
10. Minister may require appointed member of Board to vacate officeThe Minister may require an appointed member of the Board to vacate his office if the Minister is satisfied that the member—
11. Minister may suspend from office member of BoardThe Minister may suspend from office any member of the Board against whom criminal proceedings are instituted for an offence in respect of which a sentence of imprisonment without the option of a fine may be imposed, and whilst that member is so suspended he shall not perform any functions as a member of the Board.
12. Filling of vacancies on BoardOn the death of, or the vacation of office by, an appointed member of the Board, the Minister shall appoint a person to fill the vacancy until the expiry of the period during which the appointed member of the Board would, but for his death or the vacation of his office, have continued in office:Provided that—
13. Meetings and procedure of Board
14. Meetings and procedure of committees of the Board
15. Minutes of proceedings of Board and committees
16. Validity of decisions and acts of Board and of committeesNo decision or act of the Board or of any committees of the Board or act done under the authority of the Board or any committees of the Board shall be invalid by reason only of the fact that there was a vacancy in the membership of the Board or any committees of the Board or that a disqualified person purported to act as a member thereof at the time the decision was taken or the act was done or authorized.[section amended by section 8 of Act 19 of 2004]
17. Execution of contracts and instruments by CouncilAn agreement, contract or instrument approved by the Board may be entered into or executed on behalf of the Council by any person or persons generally or specifically authorized by the Board for that purpose.
18. Remuneration and allowances of members of Board and of committeesA member of the Board or any committees of the Board shall be paid from the funds of the Council—
Part III – Patron, Executive Director and staff of Council
19. Patron of Council
20. Executive Director of Council
21. Staff of Council
Part IV – Functions of Council and special responsibilities of Board
22. Functions of Council
23. Special responsibilities of BoardFor the performance of the functions of the Council in terms of section twenty-two, the Board shall have special responsibility—
Part V[Part V (sections 24 – 26) repealed by section 6 of Act 19 of 2004]
24. ***[section 24 repealed by section 6 of Act 19 of 2004]
25. ***[section 25 repealed by section 6 of Act 19 of 2004]
26. ***[section 26 repealed by section 6 of Act 19 of 2004]
Part VI – Financial provisions
27. Funds of Council
28. Financial year of CouncilThe financial year of the Council shall be the period of twelve months endings on the 31st December in each year or on such other date as the Minister may, with the approval of the Minister responsible for finance, direct.[section amended by section 8 of Act 19 of 2004]
29. Accounts of CouncilThe Board shall cause to be kept proper accounts and other records relating thereto in respect of all the operations, undertakings and property of the Council, including such particular accounts and records as the Minister may direct, and shall cause to be prepared and submitted to the Minister a statement of accounts in respect of each financial year of the Council or such other period as the Minister may direct.
30. Audit of accounts of Council
31. Powers of auditors
32. Reports by Council
Part VII – General provisions
33. Minister may give directions to BoardThe Minister may, if he considers that the public interest so requires, give to the Board directions of a general character, which are not inconsistent with this Act, relating to the exercise of the functions of the Council.
34. Exemption of Council from liabilityNo liability shall attach to the Council or to any employee or agent of the Council or to the Board or to a member of the Board or of the Executive Committee or any other committee of the Board for any loss or damage sustained by any person as a result of the bona fide exercise by an employee or agent of the Council or by the Board or by a member of the Board or of the Executive Committee or any other committee of the Board of any function or power conferred upon the Council by this Act:Provided that this section shall not be construed so as to prevent any person from recovering by action in any competent court compensation for any loss or damage sustained by him which was caused by negligence.
35. Preservation of secrecyAny person who discloses, except—
36. RegulationsThe Minister may by regulation provide for all matters which by this Act are required or permitted to be prescribed or which, in his opinion, are necessary or convenient to be provided for, in order to carry out or give effect to this Act.
History of this document
01 August 1985