The Constituency Development Fund Act, 2024

THE CONSTITUENCY DEVELOPMENT FUND ACT, 2024
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY PROVISIONS
Section
1. Short title and commencement
2. Interpretation
3. Principles of management, disbursement and utilisation of Fund
PART II
THE CONSTITUENCY DEVELOPMENT FUND COMMITTEE AND PROVINCIAL
CONSTITUENCY DEVELOPMENT FUND COMMITTEE
4. Continuation of Constituency Development Fund Committee
5. Functions of Committee
6. Tenure of office and vacancy
7. Proceedings of Committee
8. Allowances of members
9. Declaration of interest
10. Prohibition of publication or disclosure of information to unauthorised
person
11. Immunity
12. Functions of Provincial Local Government Officer
PART III
CONSTITUENCY DEVELOPMENT FUND
13. Fund
14. Purpose of Fund
15. Administration of Fund
16. Constituency bank accounts
17. Disbursement from Fund and constituency account
18. Accountability and transparency
19. Funds to be retained
Constituency Development Fund [No. 1 of 2024 1
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K36.00 each.

elopment Fund [No. 1 of 2024 1
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K36.00 each.

20. Accounts and audit
21. Annual report
22. Variation of funds
PART IV
CONSTITUENCY DEVELOPMENT PROJECTS
23. Invitation for project proposals
24. Review of proposed project list by Committee
25. Submission of proposed project list to Provincial Local Government
Officer
26. Joint and incomplete projects
27. Implementation of projects
28. Procurement of services and works
29. Implementation of disaster related projects
PART V
GENERAL PROVISIONS
30. Appeals
31. Offences
32. Provisions of the Act complementary
33. Guidelines
34. Regulations
35. Repeal of Act No. 11 of 2018 and savings and transitional provisions
2 No. 1 of 2024] Constituency Development Fund

33. Guidelines
34. Regulations
35. Repeal of Act No. 11 of 2018 and savings and transitional provisions
2 No. 1 of 2024] Constituency Development Fund

An Act to provide for the decentralisation of the
management, disbursement, utilisation and
accountability of the Constituency Development Fund;
continue the existence of the Constituency
Development Fund Committee and re-define its
functions; revise the composition of the Constituency
Development Fund Committee; establish the Provincial
Constituency Development Fund Committee; repeal
and replace the Constituency Development Fund Act,
2018; and provide for matters connected with, or
incidental to, the foregoing. [18th April, 2024
ENACTED by the Parliament of Zambia. PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Constituency Development
Fund Act, 2023, and shall come into operation on the date
appointed by the Minister by statutory instrument. 2. In this Act, unless the context otherwise requires—
“associate” has the meaning assigned to the word in the
Anti-Corruption Act, 2012;
“Committee” means the Constituency Development Fund
Committee continued under section 4;
“community”means a geographically defined group of
persons or sector of the public with a specific
ascertainable common interest;
Constituency Development Fund [No.

ns a geographically defined group of
persons or sector of the public with a specific
ascertainable common interest;
Constituency Development Fund [No.

1 of 2024 3
Enactment
Short title and
commencement
Interpretation
Act No. 3 of
2012
GOVERNMENT OF ZAMBIA
ACT
No. 1 of 2024
Date of Assent: 16th April, 2024

2024 3
Enactment
Short title and
commencement
Interpretation
Act No. 3 of
2012
GOVERNMENT OF ZAMBIA
ACT
No. 1 of 2024
Date of Assent: 16th April, 2024

“constituency” has the meaning assigned to the word in
the Constitution;
“constituency bank accounts” means bank accounts
maintained for each constituency in accordance with
section 16;
“council” has the meaning assigned to the word in the
Constitution;
“councillor” has the meaning assigned to the word in the
Constitution;
“Fund” means the Constituency Development Fund
established under Article 162 of the Constitution;
“gross misconduct” has the meaning assigned to the words
in the Constitution;
“integrated development plan” has the meaning assigned
to the words in the Urban and Regional Planning Act,
2015;
“local authority” has the meaning assigned to the words in
the Constitution;
“principal officer” has the meaning assigned to the words
in the Local Government Act, 2019;
“project” means a constituency development project and
includes —
(a) a project initiated by a person or a community
for the benefit of the community as specified in
the guidelines issued under section 33; and
(b) any other project as determined by the Minister;
“project list” means a list that contains project proposals
from a ward;
“Provincial Local Government Officer” means a person
appointed as a Provincial Local Government Officer in
accordance with the Local Government Act, 2019;
“Provincial Minister” has the meaning assigned to the words
in the Constitution;
“relative” has the meaning assigned to the word in the Anti-
Corruption Act, 2012;
“repealed Act” means the Constituency Development Fund
Act, 2018;
4 No.

ative” has the meaning assigned to the word in the Anti-
Corruption Act, 2012;
“repealed Act” means the Constituency Development Fund
Act, 2018;
4 No.

1 of 2024] Constituency Development Fund
Cap. 1
Cap. 1
Cap. 1
Act No.3 of
2015
Cap. 1
Act No. 2 of
2019
Cap. 1
Cap. 1
Cap. 1
Act No. 3 of
2012
Act No.11 of
2018
Act No. 2 of
2019

lopment Fund
Cap. 1
Cap. 1
Cap. 1
Act No.3 of
2015
Cap. 1
Act No. 2 of
2019
Cap. 1
Cap. 1
Cap. 1
Act No. 3 of
2012
Act No.11 of
2018
Act No. 2 of
2019

“Unit” has the meaning assigned to the word in the Disaster
Management Act, 2010;
“ward” has the meaning assigned to the word in the
Constitution;
“Ward Development Committee” means the Ward
Development Committee established under the Local
Government Act, 2019;
“Zambia Agency for Persons with Disabilities” means the
Zambia Agency for Persons with Disabilities established
under the Persons with Disabilities Act, 2012; and
“Zambia Congress of Non-Governmental Organisations”
means the Zambia Congress of Non-Governmental
Organisations established under the Non-Governmental
Organisations’ Act, 2009. 3. The management of, disbursement from, and utilisation
of the Fund shall be made in accordance with the following
principles:
(a) transparency;
(b) accountability;
(c) efficiency; and
(d) effectiveness. PART II
THE CONSTITUENCY DEVELOPMENT FUND COMMITTEE AND
PROVINCIAL CONSTITUENCY DEVELOPMENT FUND COMMITTEE
4. (1) The Constituency Development Fund Committee
established in each constituency under the repealed Act is
continued as if established under this Act.

(1) The Constituency Development Fund Committee
established in each constituency under the repealed Act is
continued as if established under this Act.

(2) The Committee in each constituency consists of the
following part-time members appointed by the Provincial Minister
of the area in which a constituency is located:
(a) one representative of the community elected from
among the members representing a community in the
Ward Development Committee in a constituency or,
where the constituency has two or more Ward
Development Committees, two representatives of the
community nominated by the Member of Parliament
from the constituency;
(b) three councillors in a constituency, two of whom are
Constituency Development Fund [No. 1 of 2024 5
Act No. 16 of
2009
Principles of
management,
disbursement
and utilisation
of Fund
Act No.13 of
2010
Cap. 1
Act No. 2 of
2019
Act No. 6 of
2012
Continuation of
Constituency
Development
Fund
Committee

bursement
and utilisation
of Fund
Act No.13 of
2010
Cap. 1
Act No. 2 of
2019
Act No. 6 of
2012
Continuation of
Constituency
Development
Fund
Committee

elected by the councillors in the constituency and one
nominated by the Member of Parliament from the
constituency;
(c) one representative of a chief where a constituency has
one chief, or two representatives of chiefs where the
constituency has two or more chiefs, nominated by
those chiefs from within the constituency;
(d) a director responsible for planning at the local authority
in which the constituency is located;
(e) a director responsible for works or engineering services
at the local authority in which the constituency is
located;
(f)a director or any person responsible for finance at the
local authority in which the constituency is located;
(g) a representative of a civil society organisation operating
and located in a constituency nominated by the local
authority from among the non-governmental
organisations located in the constituency in
consultation with the Member of Parliament in a
constituency;
(h) a representative of a religious organisation operating
and located in a constituency nominated by the
Member of Parliament from the constituency;
(i) a Member of Parliament from the constituency;
(j) a District Commissioner in a constituency;
(k) a representative of the Zambia Agency for Persons
with Disabilities nominated in consultation with the
Member of Parliament in a constituency;
(l) a representative of the youths from a youth organisation
operating and located in a constituency nominated by
the local authority in consultation with the Member
of Parliament in a constituency;
(m) a representative of women nominated by a local
authority from a women’s organisation operating and
located in a constituency in consultation with the
Member of Parliament in a constituency; and
(n) a person with proven knowledge and experience in
matters relating to development and community
service nominated by the Member of Parliament in a
constituency.

with proven knowledge and experience in
matters relating to development and community
service nominated by the Member of Parliament in a
constituency.

6 No. 1 of 2024] Constituency Development Fund

6 No. 1 of 2024] Constituency Development Fund

(3) The members of the Committee shall elect the
Chairperson and the Vice-Chairperson from among themselves,
except that a member referred to in subsection (2) (b), (d), (e),
(f), (i) and (j) shall not qualify for appointment as a Chairperson
or Vice-Chairperson. (4) The Directorate of planning and finance in the local
authority in a district shall provide the necessary secretarial and
accounting services, respectively, to a Committee in the
performance of its functions under this Act. 5. The functions of the Committee are to—
(a) receive a proposed —
(i) project list from the Ward Development
Committee within the constituency; and
(ii) joint project with other constituencies;
(b) review the project list received under paragraph (a)
from the Ward Development Committee and
recommend to a Provincial Local Government Officer
a proposed project list; and
(c) receive and consider annual reports and returns from
the constituency. 6.

nd to a Provincial Local Government Officer
a proposed project list; and
(c) receive and consider annual reports and returns from
the constituency. 6.

(1) Subject to the Constitution and this Act, a member
of a Committee shall, except for the members referred to under
section 4 (2) (d), (e), (f), (i) and (j), hold office for a term of two
and a half years from the date of appointment and may be re-
appointed for a further term of two and a half years. (2) A member shall, on the expiration of the term for which
the member is appointed, continue to hold office until another
member is appointed, but in no case shall an extension of the
period exceed three months. (3) The office of a member becomes vacant—
(a) on the member’s death;
(b) if the member is adjudged bankrupt;
(c) if the member is absent, without reasonable excuse
and without the prior approval of the Chairperson,
from three consecutive meetings of the Committee
of which the member had notice;
(d) on the expiry of one month’s notice of the member’s
intention to resign, given by the member, in writing, to
the Provincial Minister;
Constituency Development Fund [No. 1 of 2024 7
Functions of
Committee
Cap. 1
Tenure of office
and vacancy

ber, in writing, to
the Provincial Minister;
Constituency Development Fund [No. 1 of 2024 7
Functions of
Committee
Cap. 1
Tenure of office
and vacancy

(e) if the member becomes legally disqualified from
performing the functions of a member;
(f) if the member is convicted of an offence under this Act
or any other written law and sentenced to
imprisonment for a term exceeding six months without
the option of a fine;
(g) if the member is removed by the Provincial Minister on
the grounds of gross misconduct; and
(h) if the member ceases to hold the office by virtue of
which that member was appointed. (4) The Provincial Minister shall, where the office of a
member becomes vacant before the expiry of the term of office,
appoint another member in place of a member who vacates
office, but that member shall hold office for the unexpired part
of the term. 7. (1) Subject to the other provisions of this Act, a
Committee may regulate its own procedure. (2) A Committee shall meet for the transaction of business
at least once in every three months at such places and times as
the Chairperson may determine.

A Committee shall meet for the transaction of business
at least once in every three months at such places and times as
the Chairperson may determine.

(3) A meeting of the Committee may be called by the
Chairperson on giving notice of not less than fourteen days or
where one-third or more of the members so request, in writing,
except that if the urgency of any particular matter does not permit
the giving of such notice, a special meeting may be called on
giving a shorter notice. (4) Eight of the members of a Committee shall constitute a
quorum at a meeting of a Committee. (5) There shall preside at a meeting of the Committee—
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-Chairperson;
and
(c) in the absence of the Chairperson and the Vice-
Chairperson, another member that the members
present may elect for the purpose of that meeting. (6) A decision of the Committee on any question shall be by
a majority of the members present and voting at the meeting and
in the event of an equality of votes, the person presiding at the
meeting shall have a casting vote in addition to that person’s
deliberative vote. 8 No. 1 of 2024] Constituency Development Fund
Proceedings of
Committee

ting shall have a casting vote in addition to that person’s
deliberative vote. 8 No. 1 of 2024] Constituency Development Fund
Proceedings of
Committee

(7) The members referred to under section 4 (2) (d), (e)
and (f) shall have no vote at a meeting of the Committee. (8) The validity of any proceedings, acts or decisions of the
Committee shall not be affected by any vacancy in the
membership of the Committee or by any defect in the
appointment of any member or by reason that any person not
entitled to do so, took part in the proceedings. (9) Where a member is for any reason unable to attend any
meeting of the Committee, the member may, in writing, nominate
another person from the same institution or organisation to attend
such meeting in that member’s stead and such person shall be
deemed to be a member for the purpose of that meeting. (10) The Committee shall cause minutes to be kept of the
proceedings of its meetings. (11) The Committee may for purposes of performing its
functions constitute sub-committees and delegate to such sub-
committees any of its functions. 8. (1) The members of a Committee shall, in carrying out
the duties of the Committee, be entitled to sitting allowances as
may be determined by the Emoluments Commission.

f a Committee shall, in carrying out
the duties of the Committee, be entitled to sitting allowances as
may be determined by the Emoluments Commission.

(2) The sitting allowances referred to in subsection (1), shall
be categorised into rural and urban based allowances for the
constituencies. 9. (1) A person who is present at a meeting of a Committee
at which any matter is the subject of consideration and in which
matter that person or that person’s relative or associate is directly
or indirectly interested in a private capacity shall, as soon as is
practicable after the commencement of the meeting, declare
the interest and shall not, unless the Committee otherwise directs,
take part in any consideration or discussion of, or vote on, any
question relating to that matter. (2) A disclosure of interest made under subsection (1) shall
be recorded in the minutes of the meeting at which the disclosure
is made. (3) A person who contravenes subsection (1) commits an
offence and is liable, on conviction to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term
not exceeding two years or both. Constituency Development Fund No. 1 of 2024 9
Allowances of
members
Declaration of
interest

o imprisonment for a term
not exceeding two years or both. Constituency Development Fund No. 1 of 2024 9
Allowances of
members
Declaration of
interest

10. (1) A person shall not, without the consent, in writing,
given by or on behalf of the Committee, publish or disclose to a
person, otherwise than in the course of duties of that person, the
contents of a document, communication or information
whatsoever, which relates to, or which has come to the
knowledge of, that person in the course of that person’s duties
under this Act. (2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term
not exceeding two years, or to both. (3) A person who, having any information which to the
knowledge of that person has been published or disclosed in
contravention of subsection (1), unlawfully publishes or
communicates the information to another person, commits an
offence and is liable, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term
not exceeding two years, or to both. 11.

able, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term
not exceeding two years, or to both. 11.

An action or other proceeding shall not lie or be instituted
against a member of a Committee or sub-committee of the
Committee in respect of an act or thing done or omitted to be
done in good faith in the exercise or performance, of any of the
powers, functions or duties conferred under this Act. 12. The functions of Provincial Local Government Officer
are to —
(a) receive and review project lists from a Committee and
approve or reject the project proposals as specified
in the guidelines;
(b) submit a report of projects to the Permanent Secretary
in the ministry responsible for local government; and
(c) receive and consolidate returns on the status of approved
projects from local authorities for submission to the
Permanent Secretary in the ministry responsible for
local government. 10 No. 1 of 2024] Constituency Development Fund
Prohibition of
publication or
disclosure of
information to
unauthorised
person
Immunity
Functions of
Provincial Local
Government
Officer

elopment Fund
Prohibition of
publication or
disclosure of
information to
unauthorised
person
Immunity
Functions of
Provincial Local
Government
Officer

PART III
CONSTITUENCY DEVELOPMENT FUND
13. (1) The Fund consists of—
(a) monies appropriated by Parliament for the purposes of
the Fund;
(b) monies received by way of grants, fees, or council
contributions;
(c) monies received by way of donations from any source,
with the approval of the Minister;
(d) monies as may vest in, or accrue to, the Fund; and
(e) monies as may, by or under any law, be payable to the
Fund. (2) Subject to section 14, the funding under this Act shall be
for a project or a defined phase, unit or element of a project. 14. (1) There shall be paid from the Fund monies for an
approved project in a constituency. (2) The monies of the Fund shall be used for —
(a) constituency projects approved by a Provincial Local
Government Officer; and
(b) the payment of administrative expenses of the Fund
not exceeding an amount prescribed by the Minister. (3) A project funded under this Act shall be—
(a) developmental and may include costs related to planning
and design or other technical input for purposes as
may be prescribed; and
(b) community-based for the benefit of a broad cross
section of the community of a particular area.

nical input for purposes as
may be prescribed; and
(b) community-based for the benefit of a broad cross
section of the community of a particular area.

(4) The Fund shall not be used for —
(a) any purposes other than disbursements to constituency
bank accounts to meet costs of approved projects;
(b) supporting political activities; or
(c) for any other purpose not related to a project. Constituency Development Fund [No. 1 of 2024 11
Fund
Purpose of
Fund

ting political activities; or
(c) for any other purpose not related to a project. Constituency Development Fund [No. 1 of 2024 11
Fund
Purpose of
Fund

15. The Fund shall be managed and administered by the
ministry responsible for local government for the purposes
specified under this Act. 16. (1) A local authority shall open and operate a
constituency bank account in the name of each constituency at
a commercial bank that the local authority may determine, in
which the monies received for the purposes of the fund shall be
deposited and kept. (2) The following constituency bank accounts shall be opened
for the purposes of subsection (1):
(a) the general constituency development fund account;
(b) the constituency development fund loan revolving
account; and
(c) any other constituency bank account that the Minister
may determine. 17. (1) A disbursement from the Fund shall be made to
the constituency bank account maintained and managed by the
local authority as the spending agency. (2) A local authority shall disburse funds from the
constituency bank account for projects approved by a Provincial
Local Government Officer.

agency. (2) A local authority shall disburse funds from the
constituency bank account for projects approved by a Provincial
Local Government Officer.

(3) A local authority shall submit a record of the amounts
received by a constituency and a record of expenditure, together
with a copy of the relevant bank statement, to the Permanent
Secretary within the ministry responsible for local government
within ten days after the end of each quarter, and copies to the
Provincial Local Government Officer. 18. (1) The principal officer is responsible for the finances
of the local authority in which a constituency is located and shall
maintain separate books of accounts for the constituency bank
account. (2) The principal officer shall compile and maintain or cause
to be compiled or maintained a record showing receipts and
disbursements on a quarterly basis in respect of every project
under this Act. (3) The principal officer shall submit the record referred to
in subsection (2) to the Permanent Secretary within the ministry
responsible for local government, and copies to a Provincial Local
Government Officer. 12 No. 1 of 2024] Constituency Development Fund
Administration
of Fund
Constituency
bank accounts
Disbursement
from Fund and
constituency
account
Accountability
and
transparency

ncy Development Fund
Administration
of Fund
Constituency
bank accounts
Disbursement
from Fund and
constituency
account
Accountability
and
transparency

19. A local authority shall retain unutilised funds in a
constituency bank account at the end of each financial year and
those funds shall be utilised for the purposes for which the Fund
and the constituency bank accounts are established. 20. (1) The ministry responsible for local government shall
ensure that prudent controls are established for the fund relating
to —
(a) fiscal controls and accounting procedures governing
the Fund; and
(b) reporting procedures for matters relating to the Fund. (2) The Minister shall, cause to be kept proper books of
account and other records relating to the accounts of the Fund. (3) The Fund shall be audited annually by the Auditor-
General or an auditor appointed by the Auditor-General. (4) The auditor’s fees shall be paid by the ministry
responsible for local government. 21. (1) The Minister shall, within three months after the
end of each financial year, prepare and submit to the Auditor-
General the financial report of the Fund in respect of the preceding
financial year. (2) The Auditor-General shall, within two months of receipt
of the financial report, examine the financial report and express
an opinion on the report.

2) The Auditor-General shall, within two months of receipt
of the financial report, examine the financial report and express
an opinion on the report.

(3) The Minister shall, within one month after the receipt of
the Auditor-General’s opinion, lay the financial report, with the
Auditor-General’s opinion, before the National Assembly. (4) The financial report shall include information on —
(a) the statement of receipt and payments;
(b) the statement of comparison of budget and actual
amounts received for the Fund; and
(c) other information that the Minister may determine. 22. The variation of funds of a project shall be performed in
accordance with the Public Finance Management Act, 2018. Constituency Development Fund [No. 1 of 2024 13
Funds to be
retained
Accounts and
audit
Annual report
Variation of
funds
Act No. 1 of
2018

Act, 2018. Constituency Development Fund [No. 1 of 2024 13
Funds to be
retained
Accounts and
audit
Annual report
Variation of
funds
Act No. 1 of
2018

PART IV
CONSTITUENCY DEVELOPMENT PROJECTS
23. (1) A local authority shall, in consultation with a
Committee, invite project proposals for submission to the Ward
Development Committee from a community within the period
specified in the guidelines issued under section 33. (2) A local authority shall, invite project proposals by way
of public awareness, meetings, fixing of posters in public places,
public address systems and through local authority websites,
social media platforms and other electronic media. (3) A Ward Development Committee shall, on receipt of
the project proposals from a community in accordance with
subsection (1) prepare and submit a proposed project list to the
Committee within a period specified in the guidelines issued under
this Act. (4) The Ward Development Committee shall, in preparing
and submitting a proposed project list under subsection (3), ensure
that the proposed project list is in line with the integrated
development plan and any other planning document in the area
where the constituency is located. 24.

oposed project list is in line with the integrated
development plan and any other planning document in the area
where the constituency is located. 24.

(1) A Committee shall, on receipt of a proposed project
list from a Ward Development Committee under section 23,
review the proposed project list and estimated costs of the
proposed projects. (2) A Committee shall, in consultation with relevant
government departments, ensure that the cost estimates for the
proposed projects are reasonable in accordance with the
guidelines issued under this Act. (3) A Committee shall, in considering the proposed project
list submitted by a Ward Development Committee, rank the
proposed projects in order of priority and whenever the total
cost of the projects listed exceeds the allocation for a particular
constituency, the order in which the proposed projects are listed
shall be taken as an order of priority for purposes of allocation
of funds, except that ongoing projects may take precedence over
other projects. (4) A Committee shall, where the proposed budget for
projects in a constituency is less than the allocation, indicate the
difference as an unallocated amount against that particular
constituency on the proposed project list. 14 No.

s less than the allocation, indicate the
difference as an unallocated amount against that particular
constituency on the proposed project list. 14 No.

1 of 2024] Constituency Development Fund
Invitation for
project
proposals
Review of
proposed
project list by
Committee

1 of 2024] Constituency Development Fund
Invitation for
project
proposals
Review of
proposed
project list by
Committee

25. (1) A Committee shall, after a review of the proposed
project list under section 24, recommend the approval of the
proposed project list to a Provincial Local Government Officer
within the period specified in the guidelines, in a prescribed
manner and form to ensure timely release of funds. (2) A Provincial Local Government Officer shall, within
fourteen days of the receipt of a proposed project list under
subsection (1), approve or reject the proposed project list. (3) A proposed project list shall be deemed to have been
granted where the Provincial Local Government Officer fails to
inform the Committee of its decision within the period specified
under subsection (2). (4) A Provincial Local Government Officer shall, where the
Provincial Local Government Officer rejects a proposed project
list under subsection (2), inform the Committee of the rejection,
stating the reasons for the rejection, and refer the proposed
project list back to the Committee for re-consideration and re-
submission within fourteen days of the receipt of the Provincial
Local Government Officer’s decision.

ck to the Committee for re-consideration and re-
submission within fourteen days of the receipt of the Provincial
Local Government Officer’s decision.

(5) A Provincial Local Government Officer shall ensure that
the total cost of the projects on a project list does not exceed the
allocation for a particular constituency. (6) Subsections (2) and (3) shall apply to the consideration
of a proposed project list that is referred back to the Committee
under subsection (4). (7) A Provincial Local Government Officer shall cause to
be published the approved project list in the Gazette and any
other electronic media platform, except that the requirement to
publish shall not affect the implementation of an approved project
in accordance with the criteria set out in the guidelines. (8) A project approved by a Provincial Local Government
Officer shall be completed within the period set out in a contract
entered into for the execution of the works. 26. (1) An incomplete project from a previous financial
year shall remain on the project list for purposes of the total
number of projects.

the works. 26. (1) An incomplete project from a previous financial
year shall remain on the project list for purposes of the total
number of projects.

(2) Constituencies may share costs for joint projects, except
that the decision for the joint projects shall first be approved by
the Committee of each of the participating constituencies and
shall be reflected on the project lists for each of the participating
constituencies. Constituency Development Fund [No. 1 of 2024 15
Submission of
proposed
project list to
Provincial Local
Government
Officer
Joint and
incomplete
project

onstituency Development Fund [No. 1 of 2024 15
Submission of
proposed
project list to
Provincial Local
Government
Officer
Joint and
incomplete
project

(3) Where constituencies have a joint project, the respective
constituencies shall jointly coordinate that project. 27. (1) A project under this Act shall be implemented by a
local authority in a constituency, and where necessary, with the
assistance of a relevant department of the Government in the
district in which the constituency is located. (2) Subject to subsections (3) and (4), where a project in a
constituency involves the purchase of equipment, that equipment
shall be registered in the name of a local authority in a
constituency and remain for the use of that constituency, and in
the event of disposal of that equipment the amount realised shall
be paid into the account of that constituency. (3) Equipment purchased in a constituency from the monies
of a Fund shall be kept in the custody and management of a
local authority in that constituency. (4) A local authority in a constituency may, in consultation
with a Committee in a constituency, authorise the use of
equipment for the benefit of another constituency subject to the
agreement of all the relevant parties.

mittee in a constituency, authorise the use of
equipment for the benefit of another constituency subject to the
agreement of all the relevant parties.

(5) A Committee or its agents shall monitor the project
implementation on a quarterly basis or as often as necessary
depending on the nature and stage of the projects. (6) The evaluation of a project shall be undertaken during
the implementation of the project at intervals that the Minister
may determine, and on completion of the project. 28. The provisions of the Public Procurement Act, 2020,
shall apply to a project under this Act with respect to works and
services. 29. Despite sections 23 to 24, the Minister shall, in
consultation with the Unit, develop guidelines on the manner and
procedure of implementing disaster related projects in a
constituency arising from a disaster or emergency caused by
natural occurrences. 16 No. 1 of 2024] Constituency Development Fund
Implementation
of projects
Procurement of
services and
works
Act No. 8 of
2020
Implementation
of disaster
related projects

nstituency Development Fund
Implementation
of projects
Procurement of
services and
works
Act No. 8 of
2020
Implementation
of disaster
related projects

PART V
GENERAL PROVISIONS
30. (1) A person or Committee aggrieved with a
decision of a Provincial Local Government Officer may, within
fourteen days of receipt of the decision, appeal to the Minister. (2) The Minister shall, within fourteen days of receipt of an
appeal under subsection (1), hear and determine the appeal. 31. A person who misappropriates funds or assets from the
constituency, or assists or causes any person to misappropriate
or apply the funds otherwise than in the manner provided in this
Act, commits an offence and is liable, on conviction, to a penalty
as specified in the Public Finance Management Act, 2018. 32. (1) The provisions of this Act shall be complementary
to any other development activities by the Government or any
other agency, and nothing in this Act shall be taken or interpreted
to mean that an area may be excluded from other development
programmes by the Government or any other agency. (2) Subject to subsection (1), normal Government
development allocations shall continue alongside the projects
funded under this Act. 33.

ther agency. (2) Subject to subsection (1), normal Government
development allocations shall continue alongside the projects
funded under this Act. 33.

The Minister may issue guidelines on —
(a) the initiation and nature of projects to be undertaken;
(b) the identification, prioritisation and classification of
projects;
(c) the manner of implementing, monitoring and evaluating
projects; and
(d) any other matter that the Minister may determine. 34. The Minister may, by statutory instrument, make
Regulations for the better carrying out of the provisions of this
Act. 35. (1) The Constituency Development Fund Act, 2018,
is repealed. Constituency Development Fund [No. 1 of 2024 17
Appeals
Offences
Act No. 1 of
2018
Provisions of
Act
complementary
Guidelines
Regulations
Repeal of Act
No. 11 of 2018
and savings and
transitional
provisions

Offences
Act No. 1 of
2018
Provisions of
Act
complementary
Guidelines
Regulations
Repeal of Act
No. 11 of 2018
and savings and
transitional
provisions

(2) Despite subsection (1), a person who immediately before
the commencement of this Act held office as a member of the
Committee shall continue to hold office as a member for a period
of three months, after which the Provincial Minister shall appoint
the members of the Committee in accordance with this Act.
(3) Projects approved and implemented in accordance with
the repealed Act shall be considered to have been approved
under this Act and shall, on commencement of this Act, be
implemented in accordance with this Act.
(4) A proposed project list pending approval under the
repealed Act shall, on commencement of this Act, be approved
in accordance with this Act.
18 No. 1 of 2024] Constituency Development Fund