(3) For the purposes of this section interest shall be allowed at such rate, being not less than three per centum
per annum, as the Minister may from time to time determine, and in so determining the Minister may allow
different rates in different cases.
99 Master to control moneys in hands of agents for person whose whereabouts are unknown
(1) Every person, other than a deposit-receiving institution referred to in section one hundred, carrying on
business within Zimbabwe shall in January in each year prepare as hereinafter provided a detailed statement of all
moneys amounting to one hundred dollars and upwards which were in his hands or in the hands of an agent on his
behalf within Zimbabwe on the 31st December last past, which were not his property or subject to any valid lien
and which have remained unclaimed for a period of five years or more by the rightful owner.
(2) That statement shall as far as practicable set forth the full name and last known address of each of the
owners aforesaid and shall be signed by the person carrying on business as aforesaid or some responsible person
on his behalf, and shall be supported by an affidavit in the form contained in the Third Schedule.
(3) Such statement and supporting affidavit shall, not later than the 31st January in each year, be forwarded
to the Master, together with all moneys detailed therein; and all such moneys shall be held by the Master in t he
Guardian’s Fund for account of the rightful owners.
(4) The Master may, by notice, call upon any person so carrying on business to prepare such statement and
affidavit and to file the same within a period of one month from the date of such notice; and if such person, when
so called upon, fails to comply with the requirements of such notice, the Master shall have the right of
examination of all books and records of such person, either himself or by any person duly appointed by him.
(5) If any person fails to furnish the statement and affidavit mentioned in this section or to pay into the
Guardian’s Fund any moneys which under this section ought so to be paid, as and when the same ought
respectively to be furnished or paid, then every person having the custody or control of such moneys or, in the
case of an association of persons other than a partnership, the secretary and every director thereof within
Zimbabwe or, in the case of a partnership, every member thereof within Zimbabwe, shall be guilty of an of fence
and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding one year or to both
such fine and such imprisonment.
[Section amended by section 4 of Act 22 of 2001.]
100 Deposit-receiving institutions
(1) In this section—
“deposit-receiving institution” means—
(a) the Post Office Savings Bank; or
(b) any commercial bank, accepting house, discount house or finance house registered under the
Banking Act [Chapter 24:20];
[Definition amended by section 82 of Act 9 of 1999.]
(c) any building society registered under the Building Societies Act [Chapter 24:02].
(2) Every deposit-receiving institution shall, during January of each year, cause to be drawn up a list of all
amounts of one hundred dollars or more which that deposit-receiving institution has held for the account of
depositors as at the immediately preceding 31st December and which are not subject to any valid lien or set -off
and in respect of which accounts the depositor concerned has not for a period of ten years or more—
(a) conducted any operations by deposit or withdrawal; or
(b) presented the pass-book, if any, to the institution for the inclusion of interest or for verification; or
(c) notified the institution that he is aware of the account.
(3) During January of each year, every deposit-receiving institution shall send to the last-known address of
each depositor whose name appears on the list prepared in terms of subsection (1) a letter and shall publish in the
Gazette a notice—
(a) notifying the depositor of the existence of the account; and
(b) calling on the depositor to notify the institution whether he wishes to continue the account and to send to
the institution for verification any passbook he has in respect of the account; and
(c) advising the depositor that, if he fails to reply to the letter before the 15th April of that year, the amount
held in the account will be forwarded to the Master as unclaimed money.
(4) After the 15th April and before the 1st May in each year, the deposit-receiving institution shall, after
deleting from the list prepared by it in terms of subsection (2) those accounts in respect of which the depositor
concerned has done any of the things specified in paragraph (a), (b) or (c) of subsection (2) or replied to the letter
sent in terms of subsection (3), forward to the Master—
(a) a statement in accordance with subsection (5) indicating the accounts remaining on the list which shall
be in two parts, the first dealing with accounts amounting to one hundred dollars or more but less than
two hundred and fifty dollars and the second with accounts amounting to fifty dollars or more; and
(b) the amount stated to be held in respect of each account referred to in the statement mentioned in
paragraph (a);
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