SCIENCE AND TECHNOLOGY ACT: SUBSIDIARY LEGISLATION
Establishment of National Institute for Scientific and Industrial Research Regulations, 1998
Science and Technology (Registration and Monitoring Regulations, 2001
ESTABLISHMENT OF NATIONAL INSTITUTE FOR SCIENTIFIC AND INDUSTRIAL RESEARCH REGULATIONS, 1998
[Sections 7, 10, 13 and 18]
Arrangements of Regulations
Regulation
1. Title
2. Interpretation
3. Establishment of former council as Institute
4. Functions of Institute
5. Constitution and composition of management board for Institute
6. Functions of Management Board
7. Transfer of service of employees
8. Vesting of assets and transfer of liabilities
SI 73 of 1998.
These Regulations may be cited as the Establishment of National Institute of Scientific and Industrial Research Regulations, 1998.
In these Regulations, unless the context otherwise requires –
“Board” means the management board of the Institute constituted under regulation 5;
“Council” means the National Science and Technology Council established under section 3 of the Act;
“Deputy director” means the person appointed Deputy Director of the Board under section 12 of the Act;
“Director” means the person appointed Director of the Board under section 12 of the Act;
“Former council” means the National Council for Scientific Research established under the repealed Act;
“Institute” means the National Institute for Scientific and Industrial Research established under regulation 3; and
“repealed Act” means the National Council for Scientific Research Act repealed under section 23.
3. Establishment of former council as Institute
(1) The former Council is hereby established as a science and technology institute to be known as the National Institute for Scientific and Industrial Research.
(2) The Institute established under sub-regulation (1) shall be 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 the Act and these Regulations to do all such acts and things as a body corporate may by law do or perform.
(1) The functions of the Institute shall be to conduct and promote scientific, technological and industrial research in Zambia.
(2) Without prejudice to the generality of sub-regulation (1) the functions of the Institute shall be to–
(a) carry out research in civil engineering, mechanical engineering, electrical engineering, nuclear science textile technology, energy resources, water resources, chemical engineering, electronic engineering, industrial chemistry, food science, material science, livestock and plant science and natural products, information science, cartographic and location analysis;
(b) liaise with other research bodies within and outside Zambia conducting similar research;
(c) co-operate with other organisations and institutions of higher learning in training programmes and other matters relevant to research;
(d) disseminate research findings;
(e) co-operate with the Ministry responsible for science and technology, the Council and other relevant institutions in matters pertaining to research policies and priorities;
(f) co-operate and liaise with industry;
(g) develop and maintain a vibrant relation with the business sector;
(h) mobilise financial, technical and other resources for the purpose of carrying out research under this regulation; and
(i) do all such acts and things as are connected with or incidental to the foregoing.
5. Constitution and composition of management board for Institute
(1) There is hereby constituted the Management Board for the Institute which shall consist of the following members–
(a) one natural scientist;
(b) a representative of the workers of the Institute;
(c) a representative of the Ministry responsible for science and technology;
(d) a representative of the Zambia Association of chambers of commerce and Industry;
(e) a representative of the Banker’s Association of Zambia;
(f) a representative of the council; and
(g) a representative of the Engineering Institute of Zambia.
(2) The members referred to in sub-regulation (1) shall be appointed by the Minister.
(3) The Chairperson and Vice Chairperson of the Board shall be elected by the members from amongst themselves.
6. Functions of Management Board
The functions of the Board shall, subject to sections 11 and 12, be–
(a) to administer the property and funds of the Institute in such manner and for such purposes as will, in the opinion of the board, promote its best interests;
(b) to administer approved estimates for the Institute;
(c) to approve and submit to the Ministry responsible for science and technology , research programmes, estimates of expenditure and financial estimates of the Institute;
(d) to receive on behalf of the Institute grants in aid, gifts, donations, fees, subscriptions or other moneys and make disbursements there from;
(e) to formulate conditions of service for the employees of the Institute;
(f) to appoint employees of the Institute upon such terms and conditions as it may determine; and
(g) do all such things connected with or incidental to the function of the Board.
7. Transfer of service of employees
(1) From the date of commencement of these Regulations, employees of the former Council shall be transferred to the Institute.
(2)Where an employee of the former council transfers from that service to the service of the Institute the terms and conditions of service with the Institute of that employee shall not be less of service with the Institute of that employee shall not be less favourable than those the employee enjoyed in the service of the former council and that employee’s service with the former Council shall be treated as service under the Institute for the purpose of determining the rights to or eligibility for, pension, gratuity, leave or other benefits of that employee.
8. Vesting of assets and transfer of liabilities
(1) On the commencement of these Regulations, there shall be transferred to, and shall vest in the Institute by virtue of these Regulations and without any further assurance all property, rights, liabilities and obligations which immediately before the commencement of these Regulations were the property, rights, liabilities and obligations of the former council.
(2) Every deed, bond and agreement (other than agreement for personal service) to which the former Council was a party immediately before the commencement of these Regulations, whether in writing or not, shall, unless it terms or subject matter make it impossible that it should have effect as modified in the manner provided in this sub-regulation, have effect as from the date of the assignment thereof as if–
(a) the Institute was a party thereto;
(b) for any reference to the former Council there were substituted as respects anything falling to be done on or after the commencement of these Regulations, a reference to the Institute; and
(c) for any reference to any employee for the former council not being a party thereto and beneficially interested therein there were substituted, as respected anything falling to be done on or after the commencement of these Regulation as reference on an employee of the Institute as the management board of the Institute shall designate.
SCIENCE AND TECHNOLOGY (REGISTRATION AND MONITORING REGULATIONS, 2001
[Section 22]
Arrangements of Regulations
Regulation
1. Title
2. Interpretation
3. Application
4. Regulation
5. Council to inspect institute and centre
6. Institute centre to provide information and records to council
7. Council to assess suitability of research or centre for registration
8. Council to make and communicate decision within 90 days of receipt of Application
9. Appeal against refusal to register
10. Council to cancel registration by fraud
11. Council to give notice of intention to suspend or cancel registration
12. Appeal
13. Institute or centre of notify council of changes in research activities
14. Council to suspend or revoke certificate of registration
15. Council to serve enforcement notice
16. Council to Investigate breach
17. Council to inspect institute or centre
18. Offences and penalties
19. New traditional technologies to be registered
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SI 123 of 2001.
These Regulations may be cited as the Science and Technology (Registration and Monitoring) Regulations, 2001.
In these Regulations unless the context otherwise requires–
“council” means the National Science and Technology Council established under section 3 of the Act;
“patent” has the meaning assigned to it under the Patent’s Act;
“institute” means a Science and Technology institute established by the government under section 7 or registered as a private institute under section 9 of the Act;
“Centre” mean a research and development support Centre Established under section 7 of registered under section 9 of the Act; and
“traditional technology” means technology that has been passed down from generation to generation by people who have used it and which forms parts of the cultural traditions of community.
These Regulation shall apply to–
(a) All research activities listed in the first Schedule to these Regulations; or
(b) any other research activity which the Council, may determine to be registered.
(1) An institute, a Centre which is not established by under the Act, intending to conduct research activities shall apply for registration with the council.
(2) The application for registration shall be in Form 1 and form 2 of the Second Schedule and shall be accompanied by the appropriate fee as set out in the Third Schedule.
5. Council to inspect institute and centre
(1) On receipt of an application for registration under regulation (4), the council shall make an on site inspection of the institute or support centre to verify the information in the application.
(2) A person in charge of an Institution of centre shall provide access to an officer authorised by the council to inspect the premises and facilities used for research for the purpose of obtaining information relevant to assess the information contained in the institute or the centre’s application.
6. Institute centre to provide information and records to council
An institute or centre shall provide to the council adequate information and records concerning research activities carried out by the institute or centre for purpose of assessment.
7. Council to assess suitability of research or centre for registration
(1) On assessing an institute’s or centre’s suitability to be registered the council, shall take into account the following factors–
(a) availability of appropriate infrastructure including laboratory facilities and experimental field stations;
(b) trained and skilled manpower;
(c) legal frame work;
(d) publications;
(e) references in the appropriate field of expertise including achievements
(f) availability of logistics and capacity to mobilise resources;
(g) capacity to service equipment and machinery;
(h) management skills; and
(i) any other considerations the council may think fit.
8. Council to make and communicate decision within 90 days of receipt of Application
(1) Within 90 days of receipt of an application from an institution or centre, the council shall make and communicate its decision on the application to the applicant.
(2) Where the Council is–
(a) satisfied that the institute or centre meets the requirements for registration, it shall inform the institute or centre of its decision stating the grounds for refusal to register.
(b) of the opinion that the institute or centre does not meet the council’s requirements for registration, it shall inform the institute or centre of its decision stating the grounds for refusal to register.
(3) A certificate of registration issued under these Regulation is not transferable.
(4) The certificate of registration shall be issued under this regulation subject to such condition as the Council may determine including–
(a) the conduct of research activities; and
(b) the date of commence research activities.
9. Appeal against refusal to register
(1) An institute whose application for registration has been refused under Regulation (8) may appeal to the Minister against this decision within 30 days of notification or refusal to register.
(2) Where, an appeal, the Minister upholds the Council’s refusal to register, the institute or centre may appeal to the High court.
10. Council to cancel registration by fraud
(1) The council shall cancel the registration of an institute or centre when it comes to the notices of the Council that the institute or centre obtained that registration by fraud or by negligent submission of false information.
(2) The council may suspend or cancel the registration of an institute or centre if it fails to commence its activities within the time stipulated under its conditions of registration.
11. Council to give notice of intention to suspend or cancel registration
(1) Whenever the Council intends to suspend or cancel registration of an institute or centre it shall give reasonable notice in writing to the institute or centre of its intention and stating specific grounds upon which the intended action is based.
(2) When the Council gives a notice of suspend or cancel registration under sub regulation (1) it shall request the Institute or centre to reply, in writing to the grounds stated for the Council’s intended action.
(3) When the Council–
(a) is satisfied with the institute’s or centre’s answer in sub-regulation (2) it will revoke the notice with or without conditions;
(b) is dissatisfied with the answer it shall suspend or cancel the institute’s centre’s registration.
Any institute or centre aggrieved by the decision of the Council to conceal or suspend its certificate of registration may appeal to Minister.
13. Institute or centre of notify council of changes in research activities
An institute or centre shall notify the Council within reasonable time of any changes in its research activities.
14. Council to suspend or revoke certificate of registration
Where the Council finds that the activities of an institute or centre–
(a) are a threat to health and safety;
(b) do not comply with the conditions under which the certificate of registration was issued;
the Council may suspend or revoke the certificate of registration or modify the terms and conditions under which an institute or centre operates.
15. Council to serve enforcement notice
(1) Where the councils is reasonably satisfied that an institute or centre, its agents or servants is contravening or is likely to contravene any provision of these Regulations or conditions of registration the Council shall serve an enforcement notice on that institute or centre.
(2) An enforcement notice issued under sub regulation (1) shall state the contravention or the likely contravention a certain activity may lead to or any other condition of registration that is breached or is likely to be breached.
(3) The enforcement notice in sub regulation (1) shall specify the steps to be taken by the institute or centre to remedy the contraventions or to avoid the contravention.
(4) The enforcement notice shall state the time limit within which the steps in sub regulation (3) shall be taken.
16. Council to Investigate breach
(1) Where the Council reasonably suspects that an institute or centre is in breach of certain provisions of these Regulations or conditions of registration it shall–
(a) investigate the breach taking into account the circumstances of the breach and its consequences;
(b) take appropriate action to remedy the breach or to prevent its recurrence;
(c) Where possible, specify measures the institute or centre may take to remedy the breach.
17. Council to inspect institute or centre
Inspectors of the council may, at any reasonable time, inspect an institute or centre established or registered under this Act.
An institute or centre, its servants or agents who contravene any provisions of these Regulations or other directives of the Council issued from time to time, shall be liable to a fine not exceeding 20,000 penalty units or to a term of imprisonment not exceeding five years or both.
19. New traditional technologies to be registered
All new findings by research institutes, support centres, researchers and scientist in traditional technologies that are capable of being patented shall be registered under the patents act and the Registrar at the Patents Office shall within 30 days of such registration notify the council of this regulation.
[Regulation 3]
All institutes or centres which are not established under the Act and which are involved in research activities in the following areas shall apply for registration with the Council.
(a) Health research
(b) Industrial research
(c) Agricultural research
(d) Energy research
(e) Environmental research
(f) Food and Beverages Production research
(g) Mines and Minerals Development research
(h) Veterinary research
(i) Water Development research
(j) Engineering research
(k) Forestry research
(l) Wildlife research
(m) Fisheries research
(n) Archaeological research
(o) Transport and communication research
(p) Construction and building material research
(q) Biotechnology Research
(r) New and Emerging Technologies research
(s) Chemical research
(t) Information technology research
(u) Any other type of research as the council may determine.
[Regulation 4]
PRESCRIBED FORM
APPLICATION TO REGISTER A RESEARCH CENTRE OR INSTITUTE
FORM 1
To: The Executive Secretary,
National Science and Technology Council
P.O. Box 51309,
Lusaka.
1. General Information
(a) Name of centre or Institute…………………………………………………………….
…………………………………………………………………………………………….
(b) When established……………………………………………………………………..
(c) Type (indicate whether GRZ, Parastatal, Private, Trust, etc)………………………….
……………………………………………………………………………………………..
(d) Principal Place of Business……………………………………………………………
P.O. Box………………………………………………………………………………
………………………………………………………………………………………..
(e) Plot number……………………………………………………………………………
Physical Address……………………………………………………………………….
………………………………………………………………………………………….
Telephone……………………………………………………………………………….
Fax………………………………………………………………………………………
E-mail……………………………………………………………………………………
(f) Institutional and Legal framework (include governing Acts of Parliament and Affiliations) that determine research policy of the institute/centre:
(i) Legal………………………………………………………………………………….
(ii) Institutional…………………………………………………………………………..
………………………………………………………………………………………..
………………………………………………………………………………………..
2. Staff and Expertise
(a) Name and qualification of head of Institution/Centre……………………………...
…………………………………………………………………………………………
(b) Names and qualifications of research and development staff:
(i) …………………………………………………………………………………..
(ii) ………………………………………………………………………………….
(iii) …………………………………………………………………………………
(iv) ………………………………………………………………………………….
(v) …………………………………………………………………………………..
(vi) ………………………………………………………………………………….
(vii) …………………………………………………………………………………
(viii) ………………………………………………………………………………...
(ix) ………………………………………………………………………………….
(x) …………………………………………………………………………………..
(if in excess, please use separate sheet and attach)
3. Research and Development
(a) Area(s) of research and development (in order of priority)
(i) …………………………………………………………………………………..
(ii) ………………………………………………………………………………….
(iii) …………………………………………………………………………………
(iv) ………………………………………………………………………………….
(v) …………………………………………………………………………………..
(vi) ………………………………………………………………………………….
(if in excess, please use separate sheet and attach)
(b) Research and development resources support (GRZ, Donor, etc)
(i) …………………………………………………………………………………..
(ii) ………………………………………………………………………………….
(iii) …………………………………………………………………………………
(iv) ………………………………………………………………………………….
(v) …………………………………………………………………………………..
(vi) ………………………………………………………………………………….
(if in excess, please use separate sheet and attach)
(c) Research finding or technology development under licence or patent
(i) …………………………………………………………………………………..
(ii) ………………………………………………………………………………….
(iii) …………………………………………………………………………………
(iv) ………………………………………………………………………………….
(v) …………………………………………………………………………………..
(vi) ………………………………………………………………………………….
(if in excess, please use separate sheet and attach)
4. Research Infrastructure
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Equipment Quantity Status
(If excess of the space provided, please indicate on separate sheet and attach). Field station/subsidiary laboratories and equipment
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