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TECHNICAL EDUCATION, VOCATIONAL AND ENTREPRENEURSHIP TRAINING ACT: SUBSIDIARY LEGISLATION

 

INDEX TO SUBSIDIARY LEGISLATION

National Council For Technical Education And Vocational Training Regulations

Technical Education And Vocational Training (Fees) Regulations

Technical Education and Vocational Training (Maintained and Aided Institutions) Regulations

Technical Education, Vocational and Entrepreneurship Training Act (Commencement) Order, 1998

Technical Education, Vocational and Entrepreneurship Training (Regulation of Institutions) (Fees) Regulations, 1999

Technical Education, Vocational and Entrepreneurship Training (Gemstone Processing and Lapidary Training Centre) (Establishment) Regulations, 2008

 

NATIONAL COUNCIL FOR TECHNICAL EDUCATION AND VOCATIONAL TRAINING REGULATIONS

[Section 9]

Arrangement of Regulations

   Regulation

   1. Title

   2. Interpretation

   3. Composition of the Council

   4. Disqualification for membership

   5. Secretary

   6. Tenure of office

   7. Resignation

   8. Vacation of office

   9. Casual vacancies

   10. Procedure

   11. Meetings of the Council

   12. Special meetings

   13. Minutes of proceedings

   14. Composition of committees of the Council

   15. Chairman of a committee

   16. Procedure of a committee

   17. Meetings of a committee

   18. Minutes of proceedings

   19. Reports of committees

   20. Attendance of non-members

   21. Disclosure of interest

   22. Renumeration and allowances

SI 34 of 1973,

SI 50 of 1993.

[Regulations by the Minister]

 

1. Title

These Regulations may be cited as the National Council for Technical Education and Vocational Training Regulations.

 

2. Interpretation

In these Regulations, unless the context otherwise requires-

"Act"  means the Technical Education and Vocational Training Act;

"Council"  means the National Council for Technical Education and Vocational Training established under the provisions of section 6 of the Act.

 

3. Composition of the Council

The Council shall consist of not less than nine and not more than 12 members appointed by the Minister of whom-

   (a)   one member shall be designated by the Minister as the Chairman of the Council and another member shall be designated by the Minister as Vice-Chairman of the Council;

   (b)   two members shall be persons having special knowledge and experience of matters relating to technical education and vocational training;

   (c)   one member shall be a person appointed by the Minister after consultation with such persons and bodies as he thinks fit, to represent the interests of employers;

   (d)   one member shall be a person appointed by the Minister after consultation with such persons and bodies as he thinks fit, to represent the interests of employees;

   (e)   two members shall be persons appointed by the Minister to represent the University of Zambia and the Copperbelt University.

   (f)   one member shall be a person appointed by the Minister to represent the proprietors of private institutions;

   (g)   one member shall be a person appointed by the Minister to represent a recognised professional association of teaching staff in the field of technical education and vocational training.

[As amended by SI 50 of 1993.]

 

4. Disqualification for membership

No person shall be appointed a member of the Council-

   (a)    while he is an undischarged bankrupt;

   (b)   while he is serving a sentence of imprisonment;

   (c)   if he has at any time been convicted of an offence against the Act or any offence involving fraud or dishonesty.

 

5. Secretary

The Minister shall appoint a public officer as the Secretary to the Council.

 

6. Tenure of office

The members referred to in regulation 3 shall hold office for a period of 3 years from the date of appointment and may be re-appointed upon the expiration of that term.

[Am by SI 50 of 1993.]

 

7. Resignation

A member of the Council may at any time, by notice in writing to the Minister, resign his office.

 

8. Vacation of office

The office of a member of the Council shall become vacant-

   (a)      upon his death;

   (b)   if he is adjudged bankrupt;

   (c)   if he is convicted of an office and sentenced to imprisonment without the option of a fine;

   (d)   if he is absent from three consecutive meetings of the Council without the leave of the Chairman;

   (e)   if in the opinion of the Minister he is mentally or physically incapable of performing his duties as a member of the Council;

   (f)   if in the opinion of the Minister he is guilty of improper conduct and is so notified in writing by the Minister.

 

9. Casual vacancies

A person may be appointed by the Minister to fill a casual vacancy in the membership of the Council occurring by reason of resignation, death or otherwise, but he shall hold office only so long as the member in whose stead he is so appointed would have held office.

 

10. Procedure

   (1) Subject to the provisions of these Regulations, the Council may regulate its own procedure.

   (2)    The quorum of the Council shall be six.

   (3)    In the absence of the Chairman of the Council from a meeting thereof, the Vice-Chairman of the Council shall preside; and in the absence of both the Chairman and the Vice-Chairman of the Council from a meeting of the Council, the members present and forming a quorum shall elect one of their number to preside at the meeting.

   (4)    The member of the Council presiding at a meeting thereof shall have a casting vote in addition to his deliberative vote.

   (5) The Council may act notwithstanding any vacancy in its membership.

 

11. Meetings of the Council

Meetings of the Council shall be held at such places and times as the Council shall determine:

Provided that the Council shall meet not less often than two times in every 12 months.

 

12. Special meetings

The Chairman of the Council may at any time, and shall if the Minister so directs or any 3 members of the Council by notice in writing to the Chairman so request, convene a special meeting of the Council at such place and on such date as he may specify by notice in writing to the members of the Council.

 

13. Minutes of proceedings

   (1) The Council shall cause minutes to be kept recording all resolutions, proceedings and meetings of the Council, and the names of members present at each meeting of the Council.

   (2) A copy of the minutes of each meeting of the Council shall be furnished to the Minister and to every member of the Council and to such other persons, if any, as the Council may direct.

 

14. Composition of committees of the Council

A committee of the Council shall consist of-

   (a)   such members of the Council as the Council may appoint; and

   (b)   such other persons (not being persons disqualified from membership of the Council) as the Council may, with the approval of the Minister, appoint; and

   (c)   the Chairman of the Council who shall be a member ex officio.

 

15. Chairman of a committee

The Chairman of a committee of the Council shall be appointed by the Council from among the members of the Council.

 

16. Procedure of a committee


{mprestriction ids="2,3,5"}

Subject to the provisions of these Regulations, the procedure of a committee of the Council shall be regulated by the Council.

 

17. Meetings of a committee

The Chairman of a committee of the Council may at any time convene a meeting of that committee.

 

18. Minutes of proceedings

A committee of the Council shall keep minutes recording all resolutions, proceedings and meetings of the committee and the names of the members of the committee and other persons present at each meeting thereof.

 

19. Reports of committees

A committee of the Council shall keep the Council informed of its activities and deliberations and shall furnish such reports and information relating to its functions as the Council may from time to time direct.

 

20. Attendance of non-members

The Minister may, by notice in writing to the Chairman of the Council, nominate any public officer to attend meetings of the Council, or of any committee thereof, and any such officer may take part in the proceedings of any such meeting and shall be entitled to address any such meeting, but not to vote, on any matter under discussion.

 

21. Disclosure of interest

A member of the Council, or of any committee thereof, who is in any way directly or indirectly interested in any matter under consideration by the Council or such committee, as the case may be, shall disclose the nature of his interest at a meeting of the Council or such committee and shall not take part in any deliberations or decision of the Council or such committee in respect of that matter.

 

22. Renumeration and allowances

A member of the Council or any Committee of the Council shall be paid such renumeration and allowances as the Council may with the approval of the Minister determine.

[Am by SI 50 of 1993.]

 

TECHNICAL EDUCATION AND VOCATIONAL TRAINING (FEES) REGULATIONS

[Section 27]

Arrangement of Regulations

   Regulation

   1. Title

   2. Application

   3. Fees

      SCHEDULE

Act 13 of 1994,

SI 107 of 1985,

SI 34 of 1995,

SI 65 of 1997.

[Regulations by the Minister]

 

1. Title

These Regulations may be cited as the Technical Education and Vocational Training (Fees) Regulations.

 

2. Application

Revoked by S.I. 34 of 1995.

 

3. Fees

The fees set out in the Schedule shall be payable for the purposes therein specified.

 

SCHEDULE

[Regulation 3]

[Sch subs by reg 2 of SI 65 of 1997.]

FEES

(PAYABLE BY FULL TIME STUDENTS ENROLLED AT GOVERNMENT MAINTAINED AND AIDED INSTITUTIONS)

ZAMBIANS:

RESIDENTIAL STUDENTS:


Course:


1. 1 Craft

Tuition per
Annum

Boarding per Annum

General Purpose Fund

Total per
AnnumK

K

K

K40,523

107,235

783

148,2711.2 Technician or Technology
Diplomas

265,405

107,235

783

373,4231.3 Certificate in Business
Studies, Applied Arts, Commercial, Academic

39,470

107,235

783

14,4881.4 Technical Teacher, Secretarial

106,456

107,235

783

214,4741.5 Commercial Pilot

1,468,879

107,235

783

1,576,897NON-RESIDENTIAL STUDENTS:

 Course:
2. 1 Craft

K

K

K

K40,523

783

41,0362.2 Technician or Technology
Diplomas

265,405

783

266,1882.3 Certificate in Business
Studies, Applied Arts, Commercial, Academic

39,470

783

40,2532.4 Technical Teacher, Secretarial

106,456

783

107,2392.5 Commercial Pilot

1,468,879

783

1,465662NON-ZAMBIANS:

RESIDENTIAL STUDENTS:

Tuition per

Boarding per

General

Total per 

Annum

Annum

Purpose

Annum

 

Fund

Course:




3. 1 CraftUS DollarUS DollarUS DollarUS Dollar96063031,5933.2 Technician or Technology
Diplomas1,37463032,0073.3 Certificate in Business
Studies, Applied Arts, Commercial, Academic95763031,5903.4 Technical Teacher, Secretarial76563031,3983.5 Commercial Pilot6,42663037,059NON-RESIDENTIAL STUDENTS:    Course:



4. 1 Craft


960 


39634.2 Technician or Technology Diplomas1,374 31,3774.3 Certificate in Business Studies, Applied Arts, Commercial, Academic957 39604.4 Technical Teacher, Secretarial765 37684.5 Commercial Pilot6,426 36,429

 

TECHNICAL EDUCATION AND VOCATIONAL TRAINING (MAINTAINED AND AIDED INSTITUTIONS) REGULATIONS

Arrangement of Regulations

PART I
PRELIMINARY

   Regulation

   1. Title

   2. Application

   3. Interpretation

PART II
GENERAL CONDITIONS OF ENROLMENT AND ADMISSION

   4. Age of students

   5. Application for enrolment

   6. False statement in relation to application

   7. Record of enrolment

   8. Attendance of students

   9. National Anthem and National Flag

PART III
SUSPENSION, EXPULSION AND EXCLUSION OF STUDENTS

   10. Students to comply with rules

   11. Suspension, expulsion and exclusion

   12. Procedure relating to suspension, expulsion and exclusion

   13. Discharge

   14. Reports to Director

   15. Right to make representations to Director

   16. Powers of Director

   17. Appeal to Minister

SI 44 of 76,

Act 13 of 1994.

[Regulations by the Minister]

 

PART I
PRELIMINARY

 

1. Title

These Regulations may be cited as the Technical Education and Vocational Training (Maintained and Aided Institutions) Regulations.

 

2. Application

(1) Nothing in these Regulations shall apply in relation to-

   (a)   any institution other than a Government institution or any institution established or maintained with the assistance of a grant or loan made by the Minister;

   (b)   any correspondence course, educational broadcasting, television service, or special educational institution run or provided by the Ministry of Education.

   (2)   The Minister may from time to time cause to be published in the Gazette a list of all institutions to which these Regulations apply.

 

3. Interpretation

In these Regulations, unless the context otherwise requires-

"Director" includes Principal, where applications are made under the proviso to regulation 5;

"institution"  means any organisation or premises by or at which regular instruction relating to technical education or vocational training is provided;

"Principal"  means a person for the time being holding or acting in the office of a Principal of an institution to which enrolment or an institution hostel to which admission is sought or procured.

 

PART II
GENERAL CONDITIONS OF ENROLMENT AND ADMISSION

 

4. Age of students

No student shall be enrolled at any institution or admitted to any institution hostel unless he shall have-

   (a)   attained the age of 16 years at the commencement of the course for which he desires to be enrolled;

   (b)   attained the requisite entry qualifications applicable to the course for which he desires to be enrolled;

   (c)   obtained a satisfactory medical certificate as to his physical fitness.

 

5. Applicantion for enrolement

   (1) Application for enrolment at any institution or for admission to any institution hostel, shall be made by the applicant to the Director:

Provided that the Director may, if he thinks fit, in the case of extension studies, permit applications to be made direct to a Principal.

   (2) Every applicant shall furnish the Director with such information and evidence as the Director may require to enable him to give proper consideration to the application.

   (3) Nothing in this regulation shall preclude the Director from deferring his decision on any application for such period as he deems necessary to enable him to give proper consideration to any such application.

   (4) The Director shall cause the applicant to be informed of his decision regarding the application.

   (5) For the purposes of this regulation "applicant" means any person seeking enrolment at an institution or admission to an institutional hostel.

 

6. False statement in relation to applicant

   (1) Any person who, for the purpose of procuring the enrolment at an institution or admission to an institution hostel of himself or any other person, knowingly makes to the Director any false statement material to the enrolment or admission, either verbally or in writing, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand penalty units or to imprisonment for a period not exceeding three months or to both.

   (2)    No student shall be entitled to attend an institution or to be accommodated at an institution hostel if he or any other person acting on his behalf knowingly makes or has made to the Director any false statement material to the application.

[As amended by Act 13 of 1994.]

 

7. Record of enrolment

The Principal shall, within three months from the date of commencement of any course, render to the Director a return giving the following particulars in respect of students enrolled at an institution for which he is responsible:

   (a)   name, date of birth and sex; (b) national registration number;

   (c)   the nature and date of commencement of the course enrolled for;

   (d)   such other particulars as the Director may from time to time require.

 

8. Attendance of students

   (1) Every student enrolled at an institution shall present himself at the institution on the first day of a term or, where he is to be enrolled after the commencement of a term, on such later day as the Principal may appoint.

   (2)    It shall be the duty of every student to attend classes regularly and punctually.

 

9. National Anthem and National Flag

   (1) For the purpose of promoting national unity and proper respect for the National Anthem and the National Flag as the secular symbols of national consciousness-

   (a)    instruction shall be provided at all institutions in the singing of the National Anthem and in the proper manner in which students should behave on formal occasions at which the National Anthem is played or sung or the National Flag is flown; and

   (b)      all students attending an institution shall be required to salute the National Flag on such occasions as they are lawfully required to do so:

Provided that no student shall be required to salute the National Flag as part of any religious ceremony or observance.

   (2) Whenever in accordance with this regulation students are required to salute the National Flag, each of such students shall salute the National Flag by raising the right hand to the temple with the open palm facing outwards while standing at attention.

   (3) The Minister may give to the Principal such directions as he may consider necessary with respect to the occasions on which students shall be required to salute the National Flag.

 

PARTIII
SUSPENSION, EXPULSION AND EXCLUSION OF STUDENTS

 

10. Students to comply with rules

All students shall comply with the rules of the institution at which they are enrolled.

 

11. Suspension, expulsion and exclusion

   (1) No student shall be excluded from any institution hostel, or suspended, expelled or otherwise excluded from attendance at any institution except in accordance with the provisions of this Part.

   (2) The Principal may suspend or temporarily exclude from attendance at any institution-

   (a)   any student whose language or behaviour is habitually or continually such as to endanger the maintenance of proper standards of conduct in the institution;

   (b)   any student who has committed an act of a reprehensible nature;

   (c)   any student who without reasonable excuse fails to attend classes regularly;

   (d)   any student who wilfully refuses to salute the National Flag when he is lawfully required to do so.

   (3)   The Principal may temporarily exclude from an institution hostel any student whose accommodation in the hostel is prejudicial to the maintenance of discipline therein.

   (4)   Where the Principal has cause to believe that the health of any student so warrants, he may order such student to be medically examined, and may exclude him from attending classes and other institutional activities.

 

12. Procedure relating to suspension, expulsion, and exclusion

Before any student is expelled or permanently excluded from an institution hostel the Principal shall-

   (a)   notify the student, in writing, of the action which he proposes to take and the grounds thereof;

   (b)   afford the student and his sponsor, if any, a reasonable opportunity of making representations against the action which he proposes to take; and

   (c)   give due consideration to any representations made by the student or his sponsor.

 

13. Discharge

Notwithstanding the other provisions of these Regulations, the Principal may recommend to the Director the expulsion of any student whose work is unsatisfactory and whom he considers unlikely to benefit from further training.

 

14. Reports to Director

The Principal shall immediately report to the Director the full facts of a case of suspension or temporary exclusion made by him.

 

15. Right to make representations to Director

Where any student has been temporarily excluded from an institution hostel or suspended or temporarily excluded from attendance at an institution, he shall be entitled within twenty-one days, commencing on the date of such temporary exclusion or such suspension, to make representations to the Director regarding the suspension or temporary exclusion and any further action which the Director may have taken, or is about to take.

 

16. Powers of Director

After considering any representations made to him under regulation 15, the Director may-

   (a)   in any case where a student has been suspended or temporarily excluded from attendance at an institution-

      (i)   direct the Principal to withdraw the suspension against the student;

      (ii)   direct the Principal to expel the student from the institution, either permanently or for a period to be determined by the Director;

      (iii)   direct the transfer of the student to another institution;

      (iv)   give such other directions as may appear to be just in the circumstances;

   (b)   in any case where a student has been temporarily excluded from an institution hostel-

      (i)   confirm the exclusion;

      (ii)   direct the Principal to re-admit the student;

      (iii)   direct the transfer of the student to another institution hostel;

      (iv)   give such other directions as may appear to be just in the circumstances.

 

17. Appeal to Minister

Any student who is aggrieved by any decision of the Director may within twenty-one days of receipt of such decision appeal therefrom to the Minister.

[Am by SI 44 of 1976.]

 

TECHNICAL EDUCATION, VOCATIONAL AND ENTREPRENEURSHIP TRAINING ACT (COMMENCEMENT) ORDER, 1998

[Section 1]

Arrangement of Paragraphs

Paragraph

   1. Title

   2. Commencementf of Act No. 13 of 1998

SI 111 of 1998.

 

1. Title

This Order may be cited as the Technical Education, Vocational and Entrepreneurship Training Act (Commencement) Order, 1998.

 

2. Commencement of Act No. 13 of 1998

The Technical Education, Vocational and Entrepreneurship Training Act ,1998, shall come into operation upon the publication of this Order.

 

TECHNICAL EDUCATION, VOCATIONAL AND ENTREPRENEURSHIP TRAINING (REGULATION OF INSTITUTIONS) (FEES) REGULATIONS, 1999

[Section 26]

Arrangements of Regulations

Regulation

   1. Title

   2. Fees

      SCHEDULE

SI 74 of 1999,

SI 21 of 2000,

SI 4 of 2001.

 

1. Title

These Regulations may be cited as the Technical Education, Vocational and Entrepreneurship Training (Regulation of Institutions) (Fees) Regulations, 1999.

 

2. Fees

The fees set out in the Schedule to these Regulations shall be payable for the registration of institutions and the renewal of registration respectively.

 

SCHEDULE

[Regulation 2]

Fees

Fee Units

1. Registration of institution

1,111

2. Renewal of registration of institution

1,111

 

TECHNICAL EDUCATION, VOCATIONAL AND ENTREPRENEURSHIP TRAINING (GEMSTONE PROCESSING AND LAPIDARY TRAINING CENTRE) (ESTABLISHMENT) REGULATIONS, 2008

[Sections 9 and 10]

Arrangement of Regulations

Regulation

   1. Title

   2. Interpretation

   3. Establishment of Centre

   4. Functions of Centre

   5. Constitution of Management Board for Centre

   6. Functions of Board

   7. Transfer of Service of employees

Act 13 of 1998,

SI 20 of 2008.

 

1. Title

These Regulations may be cited as the Technical Education, Vocational and Entrepreneurship Training (Gemstone Processing and Lapidary Training Centre) (Establishment) Regulations, 2008.

 

2. Interpretation

In these Regulations, unless the context otherwise requires-

"Act"  means the Technical Education, Vocational and Entrepreneurship Training Act, 1998;

"Authority"  means the Technical Education, Vocational and Entrepreneurship Training Authority established by section 4 of the Act;

"Board"  means the management board of the Centre constituted under these Regulations;

"Centre"  means the Gemstone and Lapidary Centre established under sections 9 and 10 of the Technical Education, Vocational and Entrepreneurship Training Act; and

"Former Centre"  means the Gemstone processing and Lapidary Training Centre in existence before the commencement of these Regulations.

 

3. Establishment of Centre

The Gemstone Processing and Lapidary Training Centre is hereby established as an institution for technical, education, vocational and entrepreneurship training and shall be a body corporate with perpetual succession and common seal, capable of suing and being sued in its corporate name and with powers 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.

 

4. Functions of Centre

   (1) The functions of the Centre are to conduct training and promote research in gemstone mining and lapidary in Zambia.

   (2) Without prejudice to the generality of sub-regulation (1), the functions of the Centre are to provide-

   (a)   training in gemstone processing and lapidary skills;

   (b)   training in entrepreneurship;

   (c)   consultancy and research related to gemstone mining and mineral development; and

   (d)   any other services incidental to skill development .

 

5. Constitution of Management Board for Centre

There is hereby constituted the Management Board for Centre which shall consist of the following members:

   (a)   a representative of the Northern Technical College;

   (b)   a representative of the provincial administration;

   (c)   a representative of the Ministry responsible for, vocational education and training;

   (d)   a representative of the Chamber of Mines;

   (e)   a representative of women entrepreneurs involved in gemstone mining or processing;

   (f)   a representative of the Ministry responsible for mining and minerals development; and

   (g)   a representative of the business community.

   (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 among their number.

 

6. Functions of Board

Subject to sections 11 and 12 of the Act, the functions of the Board are to-

   (a)   administer the property and funds of the Centre in such manner and for such purposes as will, with the approval of the Board, promote its best interest;

   (b)   administer approved estimates for the Centre;

   (c)   approve and submit to the Ministry responsible for vocational education and training, training programmes, estimates of expenditure and financial estimates of the Centre;

   (d)   receive, on behalf of the Centre, grants in aid, gifts, donations, fees subscriptions or other monies and make disbursement therefrom;

   (e)   formulate conditions of service for the employees of the Centre;

   (f)   appoint employees of the Centre upon such terms and conditions as it may determine; and

   (g)   do all things which are connected with or incidental to the functions of the Board.

 

7. Transfer of Service of employees

   (1) From the date of commencement of these Regulations, the employees of the former Centre shall be transferred to the Centre.

   (2) Where an employee of the former Centre is transferred to the service of the Centre, the terms and conditions of service with the centre shall not be less favourable than those the employee enjoyed in the service of the former centre and the employee's service shall be treated as continuous service under the Centre for the purpose of determining the right to, or eligibility for, pension, gratuity, leave or other benefits of the employee.

{/mprestriction}