The Rural Electrification Act, 2023

Rural Electrification [No. 5 of 2023 81
RURAL ELECTRIFICATION ACT, 2023
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY PROVISIONS
Section
1. Short title
2. Interpretation
PART II
RURAL ELECTRIFICATION AUTHORITY
3. Continuation of Rural Electrification Authority
4. Seal of Authority
5. Functions of Authority
6. Authority not subject to direction or control of other person
7. Board of Authority
8. Functions of Board
9. Tenure of office and vacancy of member
10. Proceedings of Board
11. Committees of Board
12. Allowances
13. Disclosure of interest
14. Director, Secretary and other staff
PART III
RURAL ELECTRIFICATION FUND
15. Continuation of Rural Electrification Fund
16. Purpose of Fund
17. Management and administration of Fund
18. Control of use of Fund
19. Books of accounts
20. Auditing of Fund
21. Annual report of Fund
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Price K18.00 each

Fund
21. Annual report of Fund
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Price K18.00 each

82 No. 5 of 2023 Rural Electrification
PART IV
FINANCIAL PROVISIONS
22. Funds of Authority
23. Financial year
24. Accounts
25. Annual report
PART V
GENERAL PROVISIONS
26. Immunity
27. Prohibition of publication or disclosure of information to unauthorised person
28. Execution of judgment
29. Regulations
30. Repeal of Act No. 20 of 2003
SCHEDULE

of publication or disclosure of information to unauthorised person
28. Execution of judgment
29. Regulations
30. Repeal of Act No. 20 of 2003
SCHEDULE

Rural Electrification [No. 5 of 2023 83
Enactment
Short title
Inter-
pretation
An Act to promote and enhance rural electrification; continue
the existence of the Rural Electrification Authority and re-
define its functions; constitute the Board of the Authority
and provide for its functions; continue the existence of the
Rural Electrification Fund; repeal and replace the Rural
Electrification Act, 2003; and provide for matters connected
with, or incidental to, the foregoing. [18th April, 2023
ENACTED by the Parliament of Zambia. PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Rural Electrification Act, 2023. 2.

8th April, 2023
ENACTED by the Parliament of Zambia. PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Rural Electrification Act, 2023. 2.

In this Act, unless the context otherwise requires—
“Authority” means the Rural Electrification Authority
continued under section 3;
“associate” has the meaning assigned to the word in the Anti-
Corruption Act, 2012;
“Board” means the Board of the Authority constituted under
section 7;
“Chairperson” means the person appointed as Chairperson
under section 7;
“citizen” has the meaning assigned to the word in the
Constitution;
“city” has the meaning assigned to the word in the Local
Government Act, 2019;
“Director” means the person appointed as Director under
section 14;
“emoluments” has the meaning assigned to the word in the
Constitution;
“Economics Association of Zambia” means the Economics
Association of Zambia registered under the Societies Act;
Act No. 3 of
2012
Cap. 1
Act No. 2 of
2019
Cap. 1
Cap. 119
GOVERNMENT OF ZAMBIA
ACT
No. 5 of 2023
Date of Assent: 14th April, 2023

the Societies Act;
Act No. 3 of
2012
Cap. 1
Act No. 2 of
2019
Cap. 1
Cap. 119
GOVERNMENT OF ZAMBIA
ACT
No. 5 of 2023
Date of Assent: 14th April, 2023

84 No.

84 No.

5of 2023] Rural Electrification
“Emoluments Commission” means the Emoluments
Commission established under the Constitution;
“Energy Regulation Board” means the Energy Regulation
Board established under the Energy Regulation Act, 2019;
“Engineering Institution of Zambia” means the Engineering
Institution of Zambia established under the Engineering
Institution of Zambia Act, 2010;
“Fund” means the Rural Electrification Fund continued under
section 15;
“legally disqualified” means the absence of legal capacity as
provided under section 4 of the Mental Health Act, 2019;
“municipality” has the meaning assigned to the word in the
Local Government Act, 2019;
“non-governmental organisation” has the meaning assigned
to the word in the Non-Governmental Organisations’ Act,
2009;
“relative” has the meaning assigned to the word in the Anti-
Corruption Act, 2012;
“repealed Act” means the Rural Electrification Act, 2003;
“rural area” means an area that is not declared a city or
established as a municipality under the Local Government
Act, 2019;
“Secretary” means the person appointed as Secretary under
section 14;
“smart subsidy” means a one-off financial support, in cash or
in kind, provided by the Authority for the purposes of the
initial capital expenditure of a rural electrification project;
“State institution” has the meaning assigned to the words
in the Constitution; and
“Vice-Chairperson” means the person appointed as Vice-
Chairperson under section 7.

on” has the meaning assigned to the words
in the Constitution; and
“Vice-Chairperson” means the person appointed as Vice-
Chairperson under section 7.

Act No. 12
of 2019
Cap. 1
Act No. 17
of 2010
Act No. 6 of
2019
Act No. 2 of
2019
Act No. 16
of 2009
Act No. 3 of
2012
Act No. 20
of 2003
Act No. 2 of
2019
Cap. 1

of 2019
Cap. 1
Act No. 17
of 2010
Act No. 6 of
2019
Act No. 2 of
2019
Act No. 16
of 2009
Act No. 3 of
2012
Act No. 20
of 2003
Act No. 2 of
2019
Cap. 1

Rural Electrification [No. 5 of 2023 85
PART II
RURAL ELECTRIFICATION AUTHORITY
3. The Rural Electrification Authority established under the
repealed Act is continued as if established under this Act and is a
body corporate with perpetual succession and a common seal,
capable of suing and being sued in its corporate name and with
power, subject to the provisions of this Act, to do all acts and things
as a body corporate may, by law, do or perform. 4. (1) The seal of the Authority shall be a device that may be
determined by the Board and shall be kept by the Director. (2) The affixing of the seal shall be authenticated by the
Chairperson or the Vice-Chairperson and the Director or any other
person authorised in that behalf by a resolution of the Board. (3) A contract or instrument which, if entered into or executed
by a person not being a body corporate, is not required to be under
seal, may be entered into or executed without seal on behalf of the
Authority by the Director or any other person authorised in that
behalf by a resolution of the Board.

d into or executed without seal on behalf of the
Authority by the Director or any other person authorised in that
behalf by a resolution of the Board.

(4) A document purporting to be a document under the seal of
the Authority or issued on behalf of the Authority shall be received
in evidence and shall be considered to be so executed or issued,
without further proof, unless the contrary is proved. 5. (1) The functions of the Authority are to—
(a) promote the utilisation of available rural electrification
technological options to enhance the contribution of
electricity for the development of social and economic
activities in rural areas;
(b) develop mechanisms for the procurement of grid
extension networks, on-grid and off-grid systems, for
rural electrification;
(c) recommend to the Government, programmes and
interventions for the enhancement of access to electricity
by rural populations;
(d) implement the rural electrification master plan in order
to ensure the systematic electrification of rural areas;
(e) administer and manage the Fund;
(f) mobilise funds within and outside the Republic in support
of rural electrification;
Continuation
of Rural
Electrification
Authority
Seal of
Authority
Functions of
Authority

and outside the Republic in support
of rural electrification;
Continuation
of Rural
Electrification
Authority
Seal of
Authority
Functions of
Authority

86 No. 5 of 2023] Rural Electrification
(g) procure the construction of rural electrification projects
in accordance with the Public Procurement Act, 2020;
(h) design and offer developers or operators, on a
competitive basis, smart subsidy for capital costs on
projects that are designed to supply electricity for
development of rural areas;
(i) finance project preparation studies for rural electrification
projects in accordance with guidelines developed by the
Authority;
(j) coordinate rural electrification with the private sector,
non-governmental organisations and other institutions;
and
(k) provide technical guidance and consultancy services to
a State institution, rural community and any other
organisation involved in rural electrification.

vide technical guidance and consultancy services to
a State institution, rural community and any other
organisation involved in rural electrification.

(2) The Authority shall, in the performance of its functions—
(a) prepare programmes and detailed plans for the
implementation of the rural electrification master plan;
(b) monitor institutions, organisations or companies financed
from the Fund to ensure that the institutions, organisations
or companies utilise the resources from the Fund in
accordance with the standards set by the Authority;
(c) in collaboration with the Energy Regulation Board,
develop appropriate tariff structures for electricity supply
to consumers in accordance with the Energy Regulation
Act, 2019; and
(d) build and maintain a comprehensive public awareness
campaign to enhance support to a rural electrification
programme. (3) The Minister shall cause the development and review of
the rural electrification master plan referred to in subsection (1)(d). 6. Except as otherwise provided in this Act, the Authority shall
not, in the performance of its functions, be subject to the direction
or control of any person or authority. 7. (1) There is constituted a Board of the Authority which
consists of the following part-time members appointed by the
Minister:
Act No. 8 of
2020
Act No.

) There is constituted a Board of the Authority which
consists of the following part-time members appointed by the
Minister:
Act No. 8 of
2020
Act No.

12
of 2019
Authority
not subject
to direction
or control of
other person
Board of
Authority

12
of 2019
Authority
not subject
to direction
or control of
other person
Board of
Authority

Rural Electrification [No. 5 of 2023 87
(a) a representative each of the ministries responsible for—
(i) energy; and
(ii) local government;
(b) a representative of the Attorney-General;
(c) a representative of the Economics Association of
Zambia;
(d) a representative of the Engineering Institution of Zambia;
(e) a representative of a non-governmental organisation
engaged in rural development projects; and
(f) three persons with proven knowledge and experience in
matters relating to this Act. (2) The members under subsection (1)(a), (b), (c), (d) and (e)
shall be nominated by their respective ministries, institutions and
organisations for appointment by the Minister. (3) The Minister shall appoint a Chairperson from among the
members under subsection (1), except that the Chairperson shall
not be appointed from the members referred to under subregulation
(1)(a) and (b). (4) The members shall elect the Vice-Chairperson from among
themselves, except that the Vice-Chairperson shall not be elected
from among the members referred to in subsection (1)(a) and (b).

irperson from among
themselves, except that the Vice-Chairperson shall not be elected
from among the members referred to in subsection (1)(a) and (b).

(5) A person shall not be nominated or appointed as a member
of the Board if that person is—
(a) legally disqualified from performing the functions of a
member;
(b) an undischarged bankrupt;
(c) convicted of an offence under any other written law
and sentenced to imprisonment for a term exceeding six
months without the option of a fine;
(d) convicted of an offence involving fraud or dishonesty
under any written law;
(e) an employee of the Authority; or
(f) not a citizen. (6) The Minister may enter into performance contracts with
the Board for a specified period which shall be consistent with the
provisions of this Act.

(6) The Minister may enter into performance contracts with
the Board for a specified period which shall be consistent with the
provisions of this Act.

88 No. 5 of 2023] Rural Electrification
8. (1) Subject to the other provisions of this Act, the Board
shall perform the functions of the Authority and provide strategic
policy direction to the Authority. (2) Despite subsection (1), the functions of the Board are to—
(a) promote the effective corporate governance of the
Authority;
(b) approve the policies, programmes and strategies of the
Authority;
(c) approve the annual work plans, action plans and activity
reports of the Authority;
(d) approve the annual budget estimates and financial
statement of the Authority; and
(e) advise the Minister on matters relating to rural
electrification. (3) Despite subsection (1) and (2), the Minister may give the
Board general or specific directions relating to the performance of
its functions and the Board shall give effect to those directions to
the extent that the directions are not inconsistent with this Act. (4) The Board may, by direction in writing and on conditions
that the Board considers necessary, delegate to the Director any
of the Board’s functions under this Act. (5) A delegation made under subsection (4) shall not prevent
the Board from performing the function so delegated. 9.

Board’s functions under this Act. (5) A delegation made under subsection (4) shall not prevent
the Board from performing the function so delegated. 9.

(1) A member of the Board shall, subject to the other
provisions of this Act, hold office for a term of three years and
may be re-appointed for a further and final term of three years. (2) A member shall, on the expiration of the period for which
that member is appointed, continue to hold office until a successor
is appointed, but in no case shall the further period exceed four
months. (3) The office of a member becomes vacant if that member—
(a) dies;
(b) is adjudged bankrupt;
(c) is absent from three consecutive meetings of the Board
of which the member has had notice, without prior
approval of the Board;
Functions of
Board
Tenure of
office and
vacancy of
member

etings of the Board
of which the member has had notice, without prior
approval of the Board;
Functions of
Board
Tenure of
office and
vacancy of
member

Rural Electrification [No. 5 of 2023 89
(d) resigns, on giving one month’s notice to the Minister;
(e) is legally disqualified from performing the functions of a
member;
(f) ceases to be a member of the ministry, institution or
organisation which nominated the member; or
(g) 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. (4) The Minister shall, where the office of a member becomes
vacant before the expiry of the term of office, appoint another
member in place of that member, but that member shall hold office
as a member only for the remainder of the term of the Board. 10. (1) Subject to the other provisions of this Act, the Board
may regulate its own procedure. (2) The Board shall meet for the transaction of business at
least once in every three months at a place and time that the
Chairperson may determine.

. (2) The Board shall meet for the transaction of business at
least once in every three months at a place and time that the
Chairperson may determine.

(3) The Chairperson shall, on giving notice of not less than
seven days, call for a meeting of the Board, or where one third or
more of the members so request, in writing, except that if the
urgency of a particular matter does not permit the giving of a notice,
a special meeting may be called on giving a shorter notice. (4) Five members shall form a quorum at a meeting of the
Board. (5) There shall preside at a meeting of the Board—
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-Chairperson;
or
(c) in the absence of the Chairperson and the Vice-
Chairperson, a member of the Board that the members
present may elect from among themselves for the
purpose of that meeting. (6) A decision of the Board on any question shall be by a
majority of votes 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. Proceedings
of Board

equality of votes, the person presiding at the
meeting shall have a casting vote, in addition to that person’s
deliberative vote. Proceedings
of Board

90 No. 5 of 2023] Rural Electrification
(7) A member may, where the member referred to under
section 7(1)(a), (b), (c), (d) and (e) is for any reason unable to
attend a meeting of the Board, nominate another person in writing,
from the same ministry, institution or organisation to attend a meeting
of the Board in that member’s stead and that person shall be
deemed to be a member for the purpose of that meeting. (8) The Board may invite a person whose presence is, in its
opinion, desirable to attend and participate in the deliberations of
the meeting but that person shall have no vote. (9) The Board shall cause to be kept minutes of the proceedings
of every meeting of the Board and any committee established by
the Board. 11. (1) The Board may, for the purpose of performing its
functions under this Act, constitute a committee and delegate any
of its functions to the committee as it considers necessary. (2) The Board may appoint, as members of a committee,
persons who are or are not members of the Board, except that at
least one member of the Board shall be a member of a committee.

embers of a committee,
persons who are or are not members of the Board, except that at
least one member of the Board shall be a member of a committee.

(3) A committee shall have the power to invite a person whose
presence is, in its opinion, desirable to attend and participate in the
deliberations of the meeting of the committee but that person shall
have no vote. (4) A member of a committee shall hold office for a period that
the Board may determine, except that the term of a committee
shall not exceed the term of office of the Board. (5) Subject to any specific or general direction of the Board, a
committee constituted under this section may regulate its own
procedure. 12. A member of the Board or any committee of the Board
shall be paid allowances that the Emoluments Commission may, on
the recommendation of the Minister, determine. 13.

Board or any committee of the Board
shall be paid allowances that the Emoluments Commission may, on
the recommendation of the Minister, determine. 13.

(1) A person who is present at a meeting of the Board or
a committee of the Board 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 practicable after the commencement of
the meeting, declare the interest and shall not, unless the Board or
the committee otherwise directs, take part in any consideration or
discussion of, or vote on, any question relating to that matter. Committees
of Board
Allowances
Disclosure
of interest

ke part in any consideration or
discussion of, or vote on, any question relating to that matter. Committees
of Board
Allowances
Disclosure
of interest

Rural Electrification [No. 5 of 2023 91
(2) A disclosure of interest made under this section shall be
recorded in the minutes of the meeting at which the disclosure is
made. 14. (1) The Board shall appoint a Director who shall be—
(a) the chief executive officer of the Authority; and
(b) responsible for the day to day administration of the
Authority under the direction of the Board. (2) The Director shall attend meetings of the Board or a
committee of the Board and may address those meetings, but shall
have no vote. (3) The Board shall appoint a Secretary who shall perform
corporate secretarial duties for the Board and other functions that
the Board may determine, under the direction of the Board and the
Director. (4) The Board shall appoint other staff of the Authority that
the Board considers necessary for the performance of the functions
of the Authority. (5) The Emoluments Commission shall, on the recommendation
of the Board, determine the emoluments of the Director, Secretary
and other staff of the Authority. (6) The Board shall determine the terms and conditions of
service, other than emoluments, of the Director, Secretary and other
staff of the Authority.

(6) The Board shall determine the terms and conditions of
service, other than emoluments, of the Director, Secretary and other
staff of the Authority.

PART III
RURAL ELECTRIFICATION FUND
15. (1) The Rural Electrification Fund established under the
repealed Act is continued as if established under this Act for the
purposes of electricity in rural areas. (2) The Fund consists of monies that may—
(a) be appropriated by Parliament for the purposes of the
Fund;
(b) be received by way of electricity levy;
(c) be received by way of grants or donations; or
(d) vest in, or accrue to, the Fund. Director,
Secretary and
other staff
Continuation
of Rural
Electrification
Fund

by way of grants or donations; or
(d) vest in, or accrue to, the Fund. Director,
Secretary and
other staff
Continuation
of Rural
Electrification
Fund

92 No. 5 of 2023] Rural Electrification
(3) The Minister responsible for finance shall ensure that all
monies collected as electricity levy under subsection (2)(b) are
paid directly into the Fund within twenty one days of the collection. 16. The Board shall, with the approval of the Minister, use the
monies of the Fund to increase and sustain the availability of
electricity in rural areas and ensure access to electricity to the
rural population. 17. (1) The Fund shall vest in the Authority and shall be
administered and managed by the Authority in a manner that the
Board may determine. (2) The Board shall establish criteria for the application of the
monies from the Fund. 18. The Board shall ensure that prudent controls are established
for the Fund relating to—
(a) fiscal controls and accounting procedures governing the
Fund;
(b) reporting procedures for matters relating to the Fund;
and
(c) investment of the monies of the Fund. 19. The Board shall cause to be kept proper books of accounts
and other records relating to the accounts of the Fund. 20. (1) The Fund shall be audited annually by the Auditor-
General or an auditor appointed by the Auditor-General.

lating to the accounts of the Fund. 20. (1) The Fund shall be audited annually by the Auditor-
General or an auditor appointed by the Auditor-General.

(2) The auditor’s fees shall be paid by the Authority. 21. (1) As soon as practicable but not later than ninety days
after the end of the financial year, the Board shall submit to the
Minister a report concerning the activities relating to the Fund during
the financial year. (2) The report referred to under subsection (1) shall include
information on the financial affairs relating to the Fund and there
shall be appended to the report—
(a) an audited statement of financial position;
(b) an audited statement of comprehensive income and
expenditure; and
(c) other information that the Minister may require. Purpose of
Fund
Management
and
administration
of Fund
Control of
use of Fund
Books of
accounts
Annual
report of
Fund
Auditing of
Fund

ter may require. Purpose of
Fund
Management
and
administration
of Fund
Control of
use of Fund
Books of
accounts
Annual
report of
Fund
Auditing of
Fund

Rural Electrification [No. 5 of 2023 93
(3) The Minister shall, not later than seven days after the first
siting of the National Assembly next after receipt of the report
referred to in subsection (1), lay the report before the National
Assembly. PART IV
FINANCIAL PROVISIONS
22. (1) The funds of the Authority consist of monies that
may—
(a) be appropriated by Parliament;
(b) be paid to the Authority by way of fees, grants or
donations; or
(c) vest in, or accrue to, the Authority. (2) The Authority may—
(a) subject to the approval of the Minister, accept monies
by way of grants or donations from any source in the
Republic and outside the Republic;
(b) subject to the Public Debt Management Act, 2022, raise
by way of loans or otherwise, monies that the Authority
may require for the discharge of the Authority’s
functions; or
(c) in accordance with regulations made under this Act,
charge and collect fees for services provided by the
Authority.

the Authority’s
functions; or
(c) in accordance with regulations made under this Act,
charge and collect fees for services provided by the
Authority.

(3) There shall be paid from the funds of the Authority—
(a) the salaries, allowances, loans, gratuities and pension
of the staff of the Authority and other payments for the
recruitment and retention of staff;
(b) reasonable travelling and other allowances for members
of the Board or members of a committee of the Board
when engaged in the business of the Authority at rates
that the Emoluments Commission may, on the
recommendation of the Minister, determine; and
(c) any other expenses incurred by the Authority in the
performance of the Authority’s functions. (4) Subject to the Public Finance Management Act, 2018, the
Board may, subject to the approval of the Minister, invest in a manner
that the Board considers necessary any of the Authority’s funds
that the Authority does not immediately require for the performance
of the Authority’s functions. Funds of
Authority
Act No. 15
of 2022
Act No. 1 of
2018

t the Authority does not immediately require for the performance
of the Authority’s functions. Funds of
Authority
Act No. 15
of 2022
Act No. 1 of
2018

94 No. 5 of 2023] Rural Electrification
23. The financial year of the Authority shall be a period of
twelve months ending on 31st December in each year. 24. (1) The Board shall cause to be kept proper books of
accounts and other records relating to the Authority’s accounts. (2) The accounts of the Authority shall be audited annually by
the Auditor-General or an auditor appointed by the Auditor-General. (3) The fees for the Auditor-General or an auditor appointed
by the Auditor-General shall be paid by the Authority. 25. (1) The Board shall, as soon as practicable, but not later
than ninety days after the end of a financial year, submit to the
Minister a report concerning the functions and activities of the
Authority during the financial year. (2) The report referred to in subsection (1) shall include
information on the financial affairs of the Authority and there shall
be appended to the report—
(a) an audited statement of financial position;
(b) an audited statement of comprehensive income and
expenditure; and
(c) other information that the Minister may require.

ment of financial position;
(b) an audited statement of comprehensive income and
expenditure; and
(c) other information that the Minister may require.

(3) The Minister shall, not later than seven days after the first
sitting of the National Assembly next after receipt of the report
referred to in subsection (1), lay the report before the National
Assembly. PART V
GENERAL PROVISIONS
26. An action or other proceedings shall not lie or be instituted
against a member of the Board, a member of a committee of the
Board or a member of staff of the Authority, for or in respect of
any 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. 27. (1) A person shall not, without the consent in writing given
by or on behalf of the Authority or as otherwise permitted by any
written law, publish or disclose to a person, other than in the course
of that person’s duties, the contents of a document, communication
or information, which relates to, or which has come to that person’s
knowledge in the course of that person’s duties under this Act. Financial
year
Accounts
Annual
report
Immunity
Prohibition of
publication or
disclosure of
information to
unauthorised
person

s duties under this Act. Financial
year
Accounts
Annual
report
Immunity
Prohibition of
publication or
disclosure of
information to
unauthorised
person

Rural Electrification [No. 5 of 2023 95
(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 information which to the knowledge
of that person has been published or disclosed in contravention of
subsection (1), unlawfully publishes or communicates that
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. 28. (1) Where a judgment or court order is obtained against
the Authority, execution, attachment or process of any nature,
shall not be issued against the Authority or against any property of
the Authority. (2) Despite subsection (1), the Authority shall cause to be paid
out of the Authority’s funds an amount that may, by judgment or
court order, be awarded against the Authority to the person entitled
to the money. 29.

out of the Authority’s funds an amount that may, by judgment or
court order, be awarded against the Authority to the person entitled
to the money. 29.

The Minister may, by statutory instrument and on the
recommendation of the Authority, make Regulations for the better
carrying out of the provisions of this Act. 30. (1) The Rural Electrification Act, 2003, is repealed. (2) Despite subsection (1), the Schedule applies to the savings
and transitional provisions. Execution of
judgment
Regulations
Repeal of
Act No. 20
of 2003

espite subsection (1), the Schedule applies to the savings
and transitional provisions. Execution of
judgment
Regulations
Repeal of
Act No. 20
of 2003

96 No. 5 of 2023] Rural Electrification
SCHEDULE
(Section 30(2))
SAVINGS AND TRANSITIONAL PROVISIONS
1. For the purposes of this Schedule, “former Authority” means
the Rural Electrification Authority established under the repealed
Act. 2. (1) A person who, before the commencement of this Act,
was an officer or employee of the former Authority shall continue
to be an officer or employee of the Authority, as if appointed or
employed under this Act. (2) The service of the persons referred to in subparagraph (1)
shall be treated as continuous service. (3) Nothing in the Act affects the rights and liabilities of any
person employed or appointed by the former Authority before the
commencement of this Act. 3. A person who immediately before the commencement of
this Act held office as a member of the Board of the former Authority
shall continue to hold office as a member for a period of three
months after which the Minister shall appoint members of the Board
in accordance with this Act. 4.

ue to hold office as a member for a period of three
months after which the Minister shall appoint members of the Board
in accordance with this Act. 4.

(1) On or after the commencement of this Act, there shall
be transferred to, vest in and subsist against the Authority by virtue
of this Act and without further assurance, the assets, rights and
obligations which immediately before the commencement of this
Act were the assets, rights, liabilities and obligations of the former
Authority. (2) Subject to subparagraph (1), every deed, bond and
agreement, other than an agreement for personnel service, to which
the former Authority was a party immediately before the
commencement of this Act whether or not of a nature that rights,
liabilities and obligations could be assigned, shall, unless its subject
matter or terms make it impossible that it should have effect as
modified, as provided under this paragraph, have effect as if—
(a) the Authority had been party to it;
(b) for any reference to the former Authority there was
substituted, with respect to anything falling to be done
on or after the commencement of this Act, a reference
to the Authority; or
Interpretation
Staff of
former
Authority
Member
Transfer of
assets and
liabilities

fter the commencement of this Act, a reference
to the Authority; or
Interpretation
Staff of
former
Authority
Member
Transfer of
assets and
liabilities

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(c) for any reference to any officer of the former Authority
not being a party to it and beneficially interested therein,
there was substituted, with respect to anything required
to be done on or after the commencement of this Act, a
reference to such officer of the Authority as the
Authority shall designate. (3) Where under this Act, any assets, rights,liabilities and
obligations of the former Authority are considered to be transferred
to the Authority in respect of which transfer a written law provides
for registration, the Authority shall make an application, in writing,
to the appropriate registration authority for registration of the
transfer. (4) The registration authority, referred to in subparagraph (3),
shall make entries in the appropriate register that shall give effect
to the transfer and, where applicable, issue to the transferee
concerned a certificate of title in respect of the property or make
necessary amendments to the register and shall endorse on the
deeds relating to the title, right or obligation concerned and no
registration fees or other duties shall be payable in respect of the
transaction. 5.

deeds relating to the title, right or obligation concerned and no
registration fees or other duties shall be payable in respect of the
transaction. 5.

(1) Any legal proceedings or application of the former
Authority pending immediately before the commencement of this
Act by or against the former Authority, may be continued by or
against the Authority. (2) After the commencement of this Act, proceedings in respect
of any right, liability or obligation which was vested in, held, enjoyed,
incurred or suffered by the former Authority, may be instituted by
or against the Authority. Legal
proceedings

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