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Broadcasting Services Act, 2001
April 04, 2001



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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