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Broadcasting
Services Act, 2001
April 04, 2001
Contents
PART
VII
Broadcasting
Fund
28. Interpretation
in Part VII
29. Establishment
and vesting of Broadcasting Fund
30. Objects
of Fund
31. Moneys
of Fund
32. Levies
33. Holding
of Fund
34. Financial
year of Fund
35. Accounts
and audit of Fund
28 Interpretation
in Part VII TOP
In this Part—
"community
centre" means any school, railway station, police station and
other location providing a service to the community;
"disabled
person" means a person who is substantially and permanently
handicapped by any physical or mental disability;
"Fund"
means the Broadcasting Fund established by section 29;
"under-serviced
area" means any area that is not, in the opinion of the Authority,
adequately provided with broadcasting services.
29 Establishment
and vesting of Broadcasting Fund TOP
(1) There is hereby
established a fund to be known as the Broadcasting Fund.
(2) Subject to
this Part, the Fund shall be vested in and administered by the Authority
as trustee.
30 Objects
of Fund TOP
The objects of the
Fund shall be—
(a) the standardisation
of broadcasting services and the maintenance of high standards of quality
in the provision of such services; and
(b) to make grants
to local authorities or their appointed agents for the purpose of assisting
needy persons to obtain access to broadcasting services; and
(c) to finance
or assist in financing the extension of broadcasting services to under-serviced
areas and community centres within or outside such areas; and
(d) to assist
in the training of persons in the provision of broadcasting services;.
and
(e) to promote
or contribute towards research and development in the field of broadcasting
services; and
(f) to promote
and contribute towards the expenses of the adaptation or facilitation
of the use of broadcasting services for the benefit of disabled persons;
and
(g) to encourage
and facilitate, for the benefit of Zimbabwe, the transfer of broadcasting
technology from foreign providers of such technology; and
(h) to provide
grants to encourage the growth of the Zimbabwean creative arts industry
for the purpose of enabling the film and music industry to supply material
to meet the local content obligations of broadcasting licensees; and
(i) to provide
financial assistance to deserving persons for their training in broadcasting
or the creative arts;
in accordance with
an annual implementation plan prepared by the Authority in consultation
with licensees.
31 Moneys
of Fund TOP
The Fund shall consist
of—
(a) such monies
as may be raised by contributions imposed in terms of section 32;
and
(b) such moneys
as may be payable to the Fund from moneys appropriated by Act of Parliament
for the purpose of the Fund; and
(c) any surplus
of income over expenditure at the end of the Authority’s financial year
appropriated in terms of paragraph 3 of the Fourth Schedule; and
(d) any other
moneys to which the Fund may be lawfully entitled.
32 Levies
TOP
(1) Every licensee
shall pay the prescribed annual levy to the Fund.
(2) The dates on
which the levies to the Fund become payable and the manner in which they
shall be paid shall be as prescribed.
(3) Any person
who fails to pay a levy due to the Fund shall in addition to any other
penalty imposed for non-compliance with this Act, be liable to—
(a) the suspension
of his licence; or
(b) pay to
the Fund an amount equivalent to double the levy due.
33 Holding
of Fund TOP
(1) All moneys
received on behalf of the Fund shall be paid into a banking account and
no money shall be withdrawn therefrom except by means of cheques signed
by such persons as are authorised on its behalf by the Authority.
(2) Any part of
the Fund not immediately required for the purposes of the Fund may be
invested in such manner as the Minister may determine:
Provided that such
moneys shall not be invested directly in any securities issued by a licensee
that is a corporate body.
34 Financial
year of Fund TOP
The financial year
of the Fund shall be the period of 12 months ending on the 31st December
in each year.
35 Accounts
and audit of Fund TOP
(1) The Authority
shall cause proper books of accounts of the Fund to be kept, together
with adequate financial and other records in relation thereto and, within
three months after the end of the financial year to which the accounts
relate, shall submit the accounts for auditing by the person appointed
in terms of subsection (2) and to the Comptroller and Auditor-General.
(2) The accounts
of the Fund shall be audited by a person approved by the Minister who
is registered as a public auditor under the Public Accountants and Auditors
Act [Chapter 27:12].
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