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NATIONAL ARTS COUNCIL OF ZIMBABWE ACT as amended 2006
23 Registration
(1) For the purposes of registration, an arts organization
shall lodge with the secretary of the District Arts Council in
the district where it operates or, in the case of a new arts
organization, in the district where it is formed, an application
in the prescribed form attaching its constitution thereto.
(2) On receiving an application lodged in terms of subsection (1), the District Arts Council shall, where it is satisfied
that—
(a) the objects of the arts organization are consistent with
the objects of the National Arts Council; and
(b) in all other respects the applicant is fit and suitable for
registration;
recommend to the Board that the arts organization concerned
be registered, and the Board may direct the secretary of the
District Arts Council to register the arts organization
concerned in a register to be kept by him for that purpose.
(3) Subject to the approval of the Minister, and on application made to it, the Board may register an arts organization
or group of arts organizations registered in terms of subsection (2) and operating in more than one province, as a
national arts association on such terms and conditions as the
Board may determine:
Provided that if the national arts association consists of
more than one registered arts organization, each registered
arts organization shall continue to be considered as an
independent arts organization for the purposes of this Act.
24 Cancellation of registration
(1) If it appears to the Board that a registered arts organization has ceased to operate as an arts organization and has
materially changed its objects, the Board may, subject to
subsection (2)—
(a) in the case of an arts organization registered in terms
of subsection (2) of section twenty-three, direct the
District Arts Council concerned to cancel its registration;
(b) in the case of a national arts association registered in
terms of subsection (3) of section twenty-three, cancel
its registration.
(2) The Board shall not take any action under subsection
(1) until—
(a) it has given notice in writing to the arts organization
concerned to show cause, within ninety days of the
date of such notice, why its registration should not be
cancelled; and
(b) it has afforded the arts organization concerned an
opportunity of making representations in the matter.
(3) An arts organization whose registration has been
cancelled in terms of subsection (1) may, on compliance with
the requirements of the Board, reapply for registration, and
section twenty-three shall apply to such an application.
25 Appeals
(1) Any arts organization which is aggrieved by a decision
of the Board or a District Arts Council concerning the
rejection of its application for registration or cancellation of
its registration may appeal to the Minister.
(2) On an appeal being lodged with him in terms of subsection (1), the Minister may, after affording the parties
concerned a reasonable opportunity of making representations to him, confirm, vary or rescind the decision appealed
against and the Board or District Arts Council, as the case
may be, shall comply with the decision of the Minister.
PART VI
FINANCIAL PROVISIONS
26 Funds of National Arts Council
The funds of the National Arts Council shall consist of—
(a) moneys appropriated for the purpose by Parliament;
and
(b) grants, donations or bequests received by the National
Arts Council with the approval of the Minister; and
(c) loans which have been raised with the approval of the
Minister and the Minister responsible for finance; and
(d) the income from time to time accruing from any
investment of any funds of the National Arts Council;
and
(e) such other moneys or assets as may vest in or accrue
to the National Arts Council, whether in the course of
its operations or otherwise.
27 Accounts of National Arts Council
(1) The Board shall keep proper accounts and other records relating thereto in respect of all the operations, transactions, undertakings and property of the National Arts
Council, including such particular accounts and records as
the Minister may direct.
(2) The Board shall prepare a statement of accounts in
respect of each financial year or such other period as the
Minister may direct.
28 Audit of accounts
(1) The Board shall appoint an auditor, who may be the
Comptroller and Auditor-General or, subject to the approval
of the Minister, an auditor who is registered as a public
auditor in terms of the Public Accountants and Auditors Act
[Chapter 27:12], and who shall annually audit the accounts
of the National Arts Council kept in terms of section twentyseven.
(2) The auditor shall make a report to the Board and to
the Minister on the statement of accounts prepared in terms
of subsection (2) of section twenty-seven and such report
shall state whether or not the statement of accounts gives a
true and fair view of the state of the financial affairs of the
National Arts Council.
(3) If in the opinion of the auditor—
(a) he has not obtained the information and explanations
he required; or
(b) the accounts and records relating thereto have not
been properly kept; or
(c) the Board has not complied with this Act;
the auditor shall include in the report referred to in subsection (2) statements to that effect.
29 Powers of auditors
(1) Without derogation from subsection (6) of section 9 of
the Audit and Exchequer Act [Chapter 22:03], the auditor
appointed in terms of section twenty-eight shall be entitled at
all reasonable times to require to be produced to him all such
accounts and other records relating thereto and to require
from any member or person employed by the National Arts
Council such information and explanations as in the opinion
of the auditor are necessary for the purpose of his audit.
(2) Any member or person employed by the National Arts
Council who fails without just cause to comply with a
requirement of an auditor in terms of subsection (1) shall be
guilty of an offence and liable to a fine not exceeding level
four or to imprisonment for a period not exceeding three
months or to both such fine and such imprisonment.