CHAPTER 138
TECHNICAL EDUCATION, VOCATIONAL AND ENTREPRENEURSHIP TRAINING ACT
Arrangement of Sections
Section
PART I
PRELIMINARY
1. Short title
2. Application
3. Interpretation
PART II
THE TECHNICAL EDUCATION, VOCATIONAL AND ENTREPRENEURSHIP TRAINING
4. Establishment of Authority
5. Functions of Authority
6. Composition of Authority
7. Director-General
8. Secretary and other staff
PART III
ESTABLISHMENT OF GOVERNMENT INSTITUTIONS AND MANAGEMENT BOARDS
9. Establishment of Institution
10. Constitution of management boards
11. Functions of management boards
12. Principal, Vice-Principal and other staff
13. Secondment to another institution
14. Rights of management board in discoveries
PART IV
REGISTRATION OF INSTITUTIONS
15. Registration of institutions
16. Register of institutions
17. Cancellation of registration of institution
18. Appeals
19. Offences and penalties
20. Publication of list of registered institutions
21. Registration of private institutions
PART IVA
THE TECHNICAL EDUCATION, VOCATIONAL AND ENTREPRENEURSHP TRAINING FUND
21A. Establishment of Technical Education, Vocational and Entrepreneurship Training Fund
21B. Bank account
21C. Application of money of Fund
PART V
INSPECTION AND GENERAL PROVISIONS
22. Inspectors
23. Powers of inspectors
24. Obstruction of inspectors
25. Transfer of employees
26. Regulations
27. Repeal
AN ACT
to establish the Technical Education, Vocational and Entrepreneurship Training Authority and to define its functions; to provide for the establishment of Government institutions of technical education, vocational and entrepreneurship training; to constitute management boards for institutions established under the Act and provide for their composition; to regulate all institutions providing technical education, vocational and entrepreneurship training; to establish the Technical Education, Vocational and Entrepreneurship Training Fund; to repeal the Technical Education and Vocational Training Act, 1972; and to provide for matters connected with or incidental to the foregoing.
[Am by s 2 of Act 11 of 2005.]
[24th April, 1998]
PART I
PRELIMINARY
This Act may be cited as the Technical Education, Vocational and Entrepreneurship Training Act.
Nothing in this Act shall apply to—
(a) a university established in Zambia under the Universities Act;
(b) any school in relation to which the Education Act applies except as may be prescribed by statutory instrument in consultation with the Minister responsible for general education;
(c) any school or institution solely providing instruction of a religious, social or recreational nature; or
(d) any other institution which is established, administered, controlled, licensed or supervised under the provisions of any other written law.
“aided institution” means an institution financially aided by the Government;
“appointed date” means the date appointed by the Minister under section 1;
"assessor" means a person accredited by the authority, for such a period as the authority may determine to carry out assessments of trainee performance against standards of competence prescribed—
(a) by the Authority in the case of national curricula, or
(b) by an institution registered under this Act in the case of local curricula;
[Ins by s 3(d) of Act 11 of 2005.]
“Authority” means the Technical Education, vocational and Entrepreneurship Training Authority established under section 4;
“Chairperson” means—
(a) a person elected as Chairperson of the Authority under section 6; or
(b) a person appointed as Chairperson of a management board under section 10;
[Subs by s 3(a) of Act 11 of 2005.]
"Examiner" means a person accredited by the Authority for such a period as the Authority may determine, to prepare or administer local or foreign examinations accredited by the Authority;
[Ins by s 3(d) of Act 11 of 2005.]
"Fund" means the Technical Education, Vocational and Entrepreneurship Training Fund established by section 21A;
[Ins by s 3(d) of Act 11 of 2005.]
“Government institution” means an institution owned or controlled by the Government;
“inspector” means a person appointed as an inspector under section 24;
“institution” means any organization or premises by or at which regular instrument relating to technical education, vocational and entrepreneurship training is provided or from which such instructions emanates, whether by distance learning or otherwise, and shall include a private institution and aided institution;
“management board” means a technical education and vocational training management board constituted under section 10;
“Principal” means the person appointed Principal of an institution under section 12;
“private institution” means any institution other than a Government institution;
“repealed Act” means the Technical Education and Vocational Training Act;
“Secretary” means—
(a) the person appointed as Secretary of the Authority under section 8; or
(b) the person appointed as Secretary of a management board under section 10;
[Subs by s 3(b) of Act 11 of 2005.]
"Trainer" means a person accredited by the Authority for such period as the authority may determine to provide instructions and counsel relating to the trade or profession to trainees enrolled in an institution registered under this Act;.
[Ins by s 3(d) of Act 11 of 2005.]
"Vice-Chairperson” means—
(a) the person elected as Vice-Chairperson of the authority under section 6; or
(b) the person elected as the Vice-Chairperson of a management board under section 10; and
[Subs by s 3(c) of Act 11 of 2005.]
"Vice-Principal” means a person appointed as Vice-Principal of an institution under section 12.
PART II
THE TECHINICAL, EDUCATION VOCATIONAL AND ENTREPRENEURSHIP TRAINING AUTHORITY
(1) There is hereby established the Technical Education, Vocational and Entrepreneurship Training Authority which shall be a body corporate with perpetual succession an a common seal, capable of suing and of being sued in its corporate name, and with power, subject to the provisions of the act, to do all such things as a body corporate may be law perform.
(2) The provisions of the First Schedule shall apply to the Authority.
(1) The Function of the Authority shall be to regulate, monitor and co-ordinate technical education, vocational and entrepreneurship training in consultation with industry, employers, workers and other stakeholders.
(2) Without prejudice to the generality of sub-section (1), the Authority shall—
(a) administer and manage the Technical Education, Vocational Entrepreneurship Training Fund;
(b) advise the Minister on the development of the quality of human resources in Zambia through technical education, vocational and entrepreneurship training;
(c) regulate and advise institutions established or registered under this Act;
(d) regulate and coordinate apprenticeship and trade testing systems;
(e) facilitate the provision of technical consultancy to institutions established or registered under the Act;
(f) facilitate the development of technical capacity in institutions established or registered under the Act;
(g) develop national curricula in consultation with stakeholders;
(h) set minimum standards and qualifications for any occupation, skill, technology or trade in accordance with trends in industry;
(i) provide guidelines for the development of institutional curricula;
(j) accredit local and foreign examinations to be taken by person attending courses at an institution established or registered under the Act;
(k) regulate and conduct national examinations and assessments relating to technical education vocational and entrepreneurship training;
(l) charge and collect fees in respect of examinations, assessment and other services provided by the Authority;
(m) award certificates to persons who succeed in examinations and assessments under taken under this Act;
(n) approve curricula and standards of certificates in institutions established or registered under this Act;
(o) register institutions;
(p) cancel the registration of an institution established or registered under this Act;
(q) collect, manage and disseminate labour market information relating to technical education, vocational and entrepreneurship training;
(r) initiate, monitor and evaluate development programmes for the continued advancement of technical education, vocational and entrepreneurship training;
(s) determine the equivalencies of local and foreign qualifications;
(t) accredit and register trainers, examiners and assessors;
(u) in consultation with the Minister-
(i) determine priority skills areas in technical education, vocational training for the purpose of enhancing social and economic development in Zambia;
(ii) mobilize financial and material resources for the provision of technical education, vocational and entrepreneurship training; and
(v) do all such things connected with or incidental to the functions of the Authority under this Act.
[S 5(2) subs by s 4(a) of Act 11 of 2005.]
(3) The Minister may give such general or specific directions to the Authority in the performance of its functions for the purpose of enhancing technical education, vocation and entrepreneurship training as the Minister considers necessary and the Authority shall implement those directions.
[S 5(3) ins by s 4(b) of Act 11 of 2005.]
(1) The Authority shall consist of members appointed by the Minister as follows-
(a) the Permanent Secretary in the ministry responsible for technical education and vocational training;
(b) a representative of a federation of trade unions;
(c) a person from the mining industry;
(d) the Chairperson of Zambia Association of Chambers of Commerce and Industry;
(e) a Chairperson of an organisation representing the informal sector in small scale industry;
(f) the Permanent Secretaries of the ministries responsible for education, labour, youth and sport, commerce, trade and industry and community and social development;
(g) two representatives of universities established under the Universities Act;
(h) a representative of a federation of employers’ organisations;
(i) a representative of the Engineering Institution of Zambia;
(j) a person from a financial institutions;
(k) a representative of Small Enterprise Development Board;
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(l) a representative of women involved in technical education, vocational and entrepreneurship;
(m) a representative of the building industry;
(n) a representative of religious institutions involved in providing technical education, vocational and entrepreneurship training; and
(o) two other persons.
(2) The Minister shall appoint the Chairperson of the Authority.
(3) The Vice-Chairperson shall be elected by the members from amongst themselves.
[S 6 subs by s 5 of Act 11 of 2005.]
(1) The Authority, in consultation with, shall appoint a Director-General who shall be the chief executive officer of the Authority and who shall be responsible, for the day-to-day administration of the Authority.
[S 7(1) am by s 6 of Act 11 of 2005.]
(2) The Director-General shall be appointed for a period of four years and may be eligible for re-appointment.
(3) Subject to the other provisions of this section the terms and conditions of service of the Director-General shall be determined by the Authority with the approval of the Minister in consultation with the Cabinet.
(4) The Director-General shall attend meetings of the Authority and may attend meetings of any committees of the Authority and may address such meetings, but shall have no vote.
(1) The Director-General shall be the Secretary to the Authority.
(2) The Authority may appoint such other staff of the Authority as it considers necessary for the performance of its functions under this Act.
(3) The terms and conditions of service of the staff of the Authority shall be determined by the Authority with the approval of the Minster in consultation with the Cabinet.
PART III
ESTABLISHMENT OF GOVERNMENT INSTITUTION AND MANAGEMENT BOARDS
9. Establishment of institution
(1) The Minister may, in consultation with the Authority, by statutory instrument, establish and institution for the provision of technical education, vocational and entrepreneurship training and define it functions.
(2) An institution establishment under sub-section (1) shall be a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name, and with power, subject to the provisions of this Act, to do all such acts and things as a body corporate may by law do or perform.
(3) The Provisions of the Second Schedule shall apply to an institution established under this Act.
10. Constitution of management boards
(1) The Minister shall in consultation with the Authority by, statutory instruments constitute a management board for an institution established under this Act.
(2) In constituting a management board for an institution under sub-section (1), the Minister shall in consultation with the Authority appoint not more than seven members of the board and set out the functions of each management board.
[S 10(2) am by s 7(a) of Act 11 of 2005.]
(3) The Chairperson and the Vice-Chairperson of a management board shall be elected by the members from the amongst their number.
[S 10(3) ins by s 7(b) of Act 11 of 2005.]
11. Functions of management boards
(1) Notwithstanding the provisions of a statutory instruments specifying the functions of a management board, a management board shall—
(a) provide training in technical education, vocational and entrepreneurship training;
(b) develop curricula for the institution
(c) ensure that standards prescribed by the Authority are maintained by the institution;
(d) provide training for the staff of the institution;
(e) administer the affairs of the institution
(f) subject to the approval of the Minister charge and collect fees for tuition, boarding and other services provided by the institution ; and
(g) do all such things as the management board may consider necessary to promote technical education, vocation and entrepreneurship training;
(2) The Authority may give to the management board such general or specific directions with respect to the discharge of its functions as may be considered necessary and the management board shall give effect to such directions.
12. Principal, Vice-Principal and other staff
(1) A management board shall appoint a Principal who shall be the chief executive officer of the institution and who, subject to the control of the management board, shall be responsible for the administration of that institution.
(2) The principal shall be the Secretary to the management board.
(3) Subject to sub-section (6), a management board may appoint on such terms and conditions as it may determine a Vice-Principal who shall—
(a) assist the Principal in the performance of his duties under this Act; and
(b) discharge the functions of the principal whenever the office of the principal is vacant or the principal is absent or is for any other reason unable to discharge the functions of his office.
(4) The Principal, or in the absence of the Principal the Vice Principal, shall attend meetings of the management board and may address such meetings, but shall not vote on any matter.
(5) Subject to sub-section (6), a management board may appoint on such terms and conditions as it may determine, such other staff as it considers necessary for the performance of its function under this Act.
(6) The terms and conditions of service of the Principal, vice Principal and staff of a management board shall be determined by the management board subject to the approval of the Minister in consultation with the Cabinet.
[S 13 rep by s 8 of Act 11 of 2005.]
14. Rights of management board in discoveries
Where any person who is an employee or is a trainee of an institution established under this Act, makes any discovery, invention or improvement in the course of that person’s duties, the institution shall be deemed to the owner for all purposes of the rights therein;
Provided that the institution may pay to such person a bonus, fee or royalties thereof or make such arrangements for such person to share in the profits derived there from, as the person and the management board may agree.
PART IV
REGISTRATION OF INSTITUTIONS
15. Registration of institutions
(1) Any person intending to offer technical education, vocational and entrepreneurship training shall apply for registration in the prescribed form to the Authority.
[S 15(1) am by s 9(a) of Act 11 of 2005.]
(2) The application referred to in sub-section (1) shall state—
(a) the classification of institution to be established;
(b) the levels, classes, standards or courses to be provided;
[S 15(2)(b) am by s 9(b)(i) of Act 11 of 2005.]
(c) the name of the examining body for the institution:
Provided that an institution which is already registered by the Authority shall furnish to the Authority information relating to the examining body for such institution within six months from the date of the coming into operation of this Act; and
[S 15(2)(c) ins by s 9(b)(ii) of Act 11 of 2005.]
(d) other particulars as may be prescribed.
[S 15(2)(c) renumbered as s 15(2)(d) by s 9(b)(iii) of Act 11 of 2005.]
(2A) The Authority may require an applicant under sub-section (1) to furnish such further information as the Authority may consider necessary to enable the Authority determine the application.
[S 15(2A) ins by s 9(c) of Act 11 of 2005.]
(3) The Authority shall issue a certificate of registration to every institution on the payment of a prescribed fee if satisfied that-
(a) the institution meets the technical education, vocational and entrepreneurship training standards set by the Authority;
(b) the premises and facilities of the institutions, including any hostel or other buildings used by persons attending the institution are suitable for that purpose;
[S 15(3)(b) am by s 9(d)(i) of Act 11 of 2005.]
(c) there are adequate finances to maintain the institution:
(d) the proprietor of a private institution is a fit and proper person or body of persons to run the institution;
[S 15(3)(d) am by s 9(d)(ii) of Act 11 of 2005.]
(e) the list and qualifications of the management and teaching staff employed or to be employed at the institution show that the management and teaching staff of the institution are properly qualified; and
[S 15(3)(e) subs by s 9(d)(iii) of Act 11 of 2005.]
(f) the materials to be used in the training meet the minimum standard prescribed by the Authority; and
[S 15(3)(f) ins by s 9(d)(iv) of Act 11 of 2005.]
(g) the examining body for the institution is recognised as an independent examining body in the country in which it is registered and has its principal office.
[S 15(3)(g) ins by s 9(d)(iv) of Act 11 of 2005.]
(4) If the Authority is satisfied than an application does not meet the requirements set out in sub-section (3), it shall notify the proprietor or the management board of the institution in writing that-
(a) the application is rejected; or
(b) the application shall be granted after the proprietor or the management board has, within such period as the Authority may specify, complied with the conditions set out in sub-section (3).
(5) If the proprietor or management board of an institution who is notified under section (4) fails, in the opinion of the Authority, to comply with the instructions within the period specified by the Authority, the Authority shall reject the application and shall notify the proprietor or the management board in writing accordingly.
(6) A certificate of registration shall contain—
(a) the name of the institution;
(b) the levels of qualification to be offered;
(c) the grading of the institution;
(d) the courses for which the institution is registered ;
(e)the authorised examining body for the institution; and
(f) such other particulars as the Minister may, in consultation with the Authority, by statutory instrument prescribe; and
[S 15(6) subs by s 9(e) of Act 11 of 2005.]
(7) A certificate of registration issued under sub-section (3) shall be valid for three years unless earlier cancelled by the Authority under sub-section seventeen.
[S 15(7) am by s 9(f) of Act 11 of 2005.]
The Authority shall keep and maintain a register of institutions which shall contain such particulars as may be prescribed.
17. Cancellation of registration of institution
(1) Where a registered institution—
(a) ceases to comply with any of the provisions under section 15;
[S 17(1)(a) am by s 10 of Act 11 of 2005.]
(b) is being managed or operated in a manner detrimental to the physical, mental or general welfare of the persons receiving instruction at that institution; or
(c) has remained closed for a consecutive period of six months or more;
the Authority shall notify the institution in writing—
(i) that the registration of the institution shall be cancelled from such date as the Authority may specify; or
(ii) that the Authority proposes to cancel the registration of the institution unless, within a period specified by the Authority, the institution complies with such requirements as the Authority may specify.
(2) Where the proprietor or the management board of an institution, referred to under sub-section (1) fails, within the period prescribed by the Authority, to comply with the requirements specified therein, the Authority shall cancel the registration of the institution and notify the Principal or the management board in writing accordingly.
(1) A person may appeal to the Minister on any decision made by the Authority under this Act.
(2) A person may appeal to the Authority on any decision made by an institution established or registered under this Act.
(3) An appeal under sub-section (1) or (2) may be lodged in writing within sixty days of the decision that gives rises to the appeal.
[S 18(3) ins by s 11 of Act 11 of 2005.]
(4) Where an appeal is made under sub-section (1) or (2) the Minister may give such directions to the Authority or institution, as the case may be, as the Minister considers necessary to enable the Minister to determine the appeal.
[S 18(4) ins by s 11 of Act 11 of 2005.]
(5) The Minister shall determine any appeal made under sub-section (1) or (2) within sixty days of the date on which the appeal is lodged.
[S 18(5) ins by s 11 of Act 11 of 2005.]
(6) The Minister in determining an appeal under this section may confirm, vary or set aside the decision of the authority or institution, as the case may be and inform the appellant accordingly.
[S 18(6) ins by s 11 of Act 11 of 2005.]
Any person who operates an institution which—
(a) is not registered; or
(b) has been notified in writing that the application for registration of the institution has been rejected or cancelled;
shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding three hundred thousand penalty units or to imprisonment for a term not exceeding five years, or to both.
[S 19 am by s 12 of Act 11 of 2005.]
20. Publication of list of registered institutions
The Authority shall in the first quarter of every year, cause to be published in the Gazette a list of all institutions registered under this Part.
[S 20 am by s 13 of Act 11 of 2005.]
21. Registration of private institutions
Notwithstanding the provisions relating to registration under this Act, the Authority shall register under this Part any private institution which, immediately before the commencement of this Act was registered as a private institution under the repealed Act and shall be deemed to be registered as an institution under this part for the period expiring on the 31st December, 1998.
PART IVA
THE TECHNICAL EDUCATION, VOCATIONAL AND ENTREPRENEURSHIP TRAINING FUND
[Part IVA ins by s 14 of Act 11 of 2005.]
21A. Establishment of Technical Education, Vocational and Entrepreneurship Training Fund
(1) There is hereby established the Technical Education, Vocational and Entrepreneurship Training Fund.
(2) The fund shall consist of—
(a) such moneys as may be appropriated by Parliament for the purposes of the Technical Education, Vocational and Entrepreneurship Training Fund;
(b) such monies as may be paid to the fund by way of loans, grants or donations;
(c) such percentage of the registration, examination, assessment and other fees payable to the Authority under the Act as the Minister may, in consultation with the Authority determine; and
(d) subject to the approval of the Minister responsible for finance, such monies as may be paid to the Fund from any levy which may be imposed and collected for purposes of technical education, vocational and entrepreneurship training.
[S 21A ins by s 14 of Act 11 of 2005.]
The Authority shall maintain a separate bank account into which shall be paid all moneys payable to the Fund.
[S 21B ins by s 14 of Act 11 of 2005.]
21C. Application of money of Fund
The Authority shall apply the moneys of the Fund for-
(a) approved technical education, vocational and entrepreneurship training programmes;
(b) such school ships, bursaries, grants or loans as the authority may, in consultation with the Minister, consider appropriate for students enrolled in technical education vocational and entrepreneurship training institutions; and
(c) the development and maintenance of technical education, vocational and entrepreneurship training infrastructure.
[S 21C ins by s 14 of Act 11 of 2005.]
PART V
INSPECTION AND GENERAL, PROVISIONS
(1) The Authority shall appoint such number of inspectors as are necessary to enforce the provisions of this Act with respect to institutions established or registered under this Act.
(2) Every inspector appointed under this section shall be issued with a certificate of appointment which shall be prima-facie evidence of the inspectors appointment as such.
(3) An inspector shall on demand by a person affected by the exercise of the inspectors powers under this Act, produce for inspection the certificate referred to in sub-section (2).
To ensure that the provisions of this Act are being complied with, an inspector shall have power, on production of the certificate of appointment issued under section 22 to—
(a) demand the production of, and to inspect or make copies of, books or documents relating to training; and
(b) enter and inspect, at all reasonable times, any institution established or registered under this Act.
(1) A person shall be guilty of an offence if that person—
(a) willfully delays or obstructs an inspector in carrying out duties under this Act;
(b) knowingly or negligently gives an inspector false or misleading information orally, in writing or otherwise.
(2) Any person guilty of an offence under sub-section (1) shall be liable upon conviction to a fine not exceeding eight thousand penalty units or to imprisonment for a term not exceeding six months or to both.
(1) On or after the appointed date, an institution shall on such terms and conditions as it may determine appoint as officers of the Institution or Authority such number of public officers as may be necessary for the performance of the functions of the Authority or institution.
(2) Where an employee of the Government is appointed to the service of the Authority or an institution—
(a) the terms and conditions of service with the Authority or institution shall not be less favourable than those the employee enjoyed in the service of the Government; and
(b) the employee shall be deemed to have been retired under section 39 of the Public Service Pensions Act.
(3) On or after the appointed date the employees of Government who are not engaged by the Authority or institution under sub-section
(2) shall be retained by the government and shall—
(a) be re-deployed in the service of the Government; or
(b) be retired under section 39 of the Public Service Pensions Act.
(1) The Minister may in consultation with the Authority, by statutory instrument, make regulations for the better carrying out of the provisions of this Act.
(2) Without prejudice to the generality of sub-section (1) the Minister may, in consultation with the Authority, make regulations prescribing:
(a) the manner and form in which an application for the establishment, registration and renewal of registration of an institution shall be made, and the information and documents to be submitted in support of such application;
(b) the criteria by which an institution may be eligible to access monies from the Fund;
(c) the forms to be used and student returns to be furnished by the institutions established or registered under this Act;
(d) the fees payable for the registration and renewal of registration of institutions;
(e) the conditions and procedures for apprenticeship training;
(f) the classification of each institution;
(g) the conditions and procedures under which the Authority may institute remedial measures on an institution whose registration has been suspended or cancelled under this Act to protect public interest;
(h) the fees payable for inspection of institutions established or registered under this Act;
(i) the conditions for the procurement, lease, maintenance, use and retention of assets acquired by an institution with public funds; and
(j) anything which may or is required to be prescribed under this act for the better carrying out of the provisions of this Act.
[S 26(2) subs by s 15 of Act 11 of 2005.]
(3) Any regulations made under this section may make different provisions for different parts of the Republic, and for different institutions and management boards.
(4) The regulations made under this section may provide in respect of any contravention that the offender shall be guilty of an offence and liable upon conviction to a fine not exceeding twenty thousand penalty units or to imprisonment for a term not exceeding twelve months, or to both.
The Technical Education and Vocational Training Act, 1972, is hereby repealed.
[Sections 3 and 7]
ADMINISTRATION OF AUTHORITY
PART I
1. Seal of Authority
(1) The seal of the Authority shall be such device as may be determined by the Authority and shall be kept by the Secretary.
(2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Secretary or one other person authorised in that behalf by a resolution of the Authority.
(3) Any 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 executed or issued, as the case may be, without further proof, unless the contrary is proved.
2. Tenure of office of member
(1) Subject to other provisions of this Act, a member of the Authority shall hold office for a period of three years from the date of appointment and may be re-appointed for a further period of three years.
(2) A member of the Authority may resign by giving one month’s notice in writing to the Authority and to the organisation that nominated that mender.
(3) The office of a member of the Authority shall become vacant—
(a) upon the death of the member,
(b) if that member has been absent from three consecutive meetings of the Authority without reasonable excuse of which that member has had notice;
(c) on ceasing to hold the office by virtue of which that person was appointed member;
(d) the member is declared bankrupt; or
(e) if the member is declared to be of unsound mind.
3. Filling of casual vacancy
(1) Whenever the office of a member becomes vacant before the expiry of the term of office the Minister may appoint another member in place of the member who vacates the office; but that member shall hold office only for the unexpired part of the term.
4. Proceedings of Authority
(1) Subject to the other provisions of this Act, the Authority may regulate its own procedure.
(2) The Authority shall meet for the transaction of business, at least once in every three months at such places and at such times as the Chairperson may decide.
(3) Upon giving notice of not less than fourteen days, a meeting of die Authority may be called by the Chairperson and shall be called if not less than one third of the members so request in writing:
Provided that if the urgency of any particular matter does not permit the giving of such notice, a special meeting may be called upon giving a shorter notice.
(4) The quorum at any meeting of the Authority shall be six of the members of the Authority.
[First Sch para 4(4) am by s 16(a) of Act 11 of 2005.]
(5) There shall preside at any meeting of the Authority—
(a) the Chairperson; or
(b) in the absence of the Chairperson, the Vice-Chairperson; or
(c) in the absence of the Chairperson and the Vice-Chairperson, such member as the members present may elect for the purpose of that meeting.
(6) A decision of the Authority 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 his deliberative vote.
(7) Where a member is for any reasonable cause unable to attend any meeting of the Authority, the member may, in writing, nominate another person from the same organisation to attend such meeting in that member’s stead and such person shall be deemed to be a member for the purposes of such meeting.
(8) The Authority may invite any person, whose presence is in its opinion desirable, to attend and to participate in the deliberations of a meeting of the Authority but such person shall have no vote.
(9) The validity of any proceedings, act or decision of the Authority shall not be affected by any vacancy in the membership of the Authority or by any defect in the appointment of any member or by reason that any person not entitled so to do took part in the proceedings.
(10) The Authority may cause minutes to be kept of the proceedings of every meeting of the Authority and every meeting of any committee established by the Authority.
5. Committees of Authority
(1) The Authority may, for the purpose of performing its functions under this Act, establish committees and delegate to any such committee such of its functions as it thinks fit.
(2) The Authority may appoint as members of a committee established under sub-section (1), persons who are or are not members of the Authority and such persons shall hold office for such period as the Authority may determine.
(3) Subject to any specific or general direction of the Authority, any committee established under sub-section (1), may regulate its own procedure.
6. Remuneration and allowances
A member of the Authority or any committee of the Authority shall be paid such allowances as the Authority may, with the approval of the Minister, determine.
7. Disclosure of interest
(1) If a member is present at a meeting of the Authority or any committee of the Authority at which any matter is the subject of consideration and in which matter the member or the spouse of the member is directly or indirectly interested in a private capacity, the member shall, as soon as practicable after the commencement of the meeting, disclose such interest and shall not, unless the Authority otherwise directs, take part in any consideration or discussion of, or vote on, any question touching such matter.
(2) A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which it is made.
8. Prohibition of publication or disclosure of information to unauthorised persons
(1) A person, shall not without the consent in writing given by or on behalf of the Authority publish or disclose to any person, otherwise than in the course of that person’s duties, the contents of any documents, communication or information whatsoever which relates to, and which has come to that person’s knowledge in the course of duties under this Act.
(2) Any person who contravenes the provisions of sub-paragraph (1) shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding three years, or to both.
(3) If any person having any information which to that person’s knowledge has been published or disclosed in contravention of sub-paragraph (1) unlawfully publishes or communicates any such information to any other person, that person shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding three years or to both.
PART II
FINANCIAL PROVISIONS
9. Funds of Authority
(1) The funds of the Authority shall consist of such money as may—
(a) be appropriated by Parliament for the purposes of the Authority;
(b) be paid to the Authority by way of fees, grants or donations;
(c) be allocated to the Authority from the Fund; and
[First Sch para 9(1)(c) ins by s 16(b)(i) of Act 11 of 2005.]
(d) subject to the approval of the Minister responsible for finance, be paid to the Authority from any levy which may be imposed and collected for purposes of technical education, vocational and entrepreneurship training; and
[First Sch para 9(1)(c) renumbered as para 9(1)(d) by s 16(b)(ii) of Act 11 of 2005.]
(e) vest in or accrue to the Authority.
[First Sch para 9(1)(d) renumbered as para 9(1)(e) by s 16(b)(ii) of Act 11 of 2005.]
(2) The Authority may—
(a) subject to the approval of the Minister, accept money by way of grants or donations from any source;
(b) subject to the approval of the Minister, raise by way of loans or otherwise, such money as it may require for the discharge of its functions; and
(c) charge and collect fees for services provided by the Authority.
(3) There shall be paid from the funds of the Authority—
(a) such money as may be required for the operations of the Authority in accordance with its functions specified under this Act;
(b) the salaries, allowances and loans of the staff of the Authority;
(c) such reasonable sitting, travelling, transport and subsistence allowances for members or members of any committee of the Authority when engaged on the business of the Authority, at such rates as the Authority may determine; and
(d) any other expenses incurred by the Authority in the performance of its functions.
(4) The Authority may invest in such manner as it thinks fit any of its funds which it does not immediately require for the performance of its functions.
10. Financial year
The financial year of the Authority shall be the period of twelve months ending on the 31st of December of each year.
11. Accounts
(1) The Authority shall cause to be kept proper books of accounts and other records relating to its accounts.
(2) The accounts of the Authority shall be audited annually by independent auditors appointed by the Authority.
12. Annual Report
(1) As soon as practicable, but not later than six months after the expiry of each financial year, the Authority shall submit to the Minister a report concerning its activities during such financial year.
(2) The report referred to in paragraph (1) shall include information on the financial affairs of the Authority and there shall be appended thereto—
(a) an audited balance sheet;
(b) an audited statement of income and expenditure;
[First Sch para 12(2)(b) am by s 16(c)(i) of Act 11 of 2005.]
(c) an audited statement of income and expenditure of the Fund; and
[First Sch para 12(2)(c) ins by s 16(c)(ii) of Act 11 of 2005.]
(d) such other information as the Minister may require.
[First Sch para 12(2)(c) renumbered as para 12(2)(d) by s 16(c)(iii) of Act 11 of 2005.]
(3) The Minister shall, not later than seven days after the first sitting of the National Assembly after the receipt of the report referred to in sub-paragraph (1), lay it before the National Assembly.
ADMINISTRATION OF INSTITUTIONS AND MANAGEMENT BOARDS
[Section 7]
PART I
ADMINISTRATION
1. Seal of institution
(1) The seal of an institution shall be such device as may be determined by a management board and be kept by the Secretary.
(2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Secretary of a management board or one other person authorised in that behalf a resolution of the board.
(3) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed without seal on behalf of an institution by the Secretary of a management board; or any other person generally or specifically authorised by the board in that behalf.
(4) Any document purporting to be a document under the seal of an institution or issued on behalf of the institution shall be received in evidence and shall be executed or issued, as the case may be, without further proof, unless the contrary is proved.
2. Tenure of office of member
(1) Subject to the other provisions of this Act, a member of a management board shall hold office for period of three years from the date of appointment and may be re-appointed for a further term of three years:
Provided that the first members shall be appointed for periods ranging from two to three years in order to facilitate retirement by rotation.
(2) A member of management board may resign by giving one month’s notice in writing to the Secretary of a management board and the appointing authority.
(3) The office of a member shall become vacant—
(a) upon the death of the member;
(b) if the member, is absent without reasonable excuse from three consecutive meetings of the institution of which the member has had notice;
(c) on ceasing to hold office by virtue of which the member was appointed member of a management board; or
(d) if the member is declared bankrupt.
3. Filling of casual vacancy
Whenever the office of a member of a management board becomes vacant before the expiry of the term of office, the Minister may appoint another member in place of the member who vacates the office; but that member shall hold office only for the unexpired part of the term.
4. Proceedings of management board
(1) Subject to the other provisions this Act, a management board may regulate its own procedure.
(2) A management board shall meet for the transaction of business, at least once in every three months at such places and at such times as the Chairperson of the management board may decide.
(3) Upon giving notice of not less than fourteen days, a meeting of a management board, may be called by the Chairperson and shall be called if not less than one third of the members so request in writing:
Provided that if the urgency of any particular matter does not permit the giving of such notice, a special meeting may be called upon giving a shorter notice.
(4) The quorum at any meeting of a management board shall be one half of the members.
(5) There shall preside at any meeting of a management 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, such member as the members present may elect from amongst themselves for purpose of that meeting.
(6) A decision of a management board 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 his deliberative vote.
(7) Where a member is for any reasonable cause unable to attend any meeting of a management board, the member may, in writing, nominate another person from the same organisation to attend such meeting in that member’s stead and such person be deemed to be a member for the purpose of such meeting.
(8) A management board may invite any person whose presence in its opinion is desirable, to attend and to participate in the deliberations of a meeting of the management board but such person shall have no vote.
(9) The validity of any proceedings, act or decision of a management board shall not be affected by any vacancy in the membership of the board or by any defect in the appointment of any member or by reason that any person not entitled so to do, took part the proceedings,
(10) A management board shall cause minutes to be kept of the proceedings of every meeting of the board and every meeting of any committee established by the management board.
5. Committees of management board
(1) A management board may, for the purpose of performing its functions under this Act, establish committees and delegate to any such committee such of its functions as it thinks fit.
(2) A management board may appoint as members of the committee established under sub-section (1), persons who are or are not members of the board and such persons shall hold office for such period as the board may determine.
(3) Subject to any specific or general direction of a management board any committee established under sub-section ( 1), may regulate its own procedure.
6. Remuneration and allowances of members
The members of a management board shall be paid such remuneration and allowances as a management board may, with the approval of the Minister, determine.
7. Disclosure of interest
(1) If a member is present at a meeting of a management board or any committee of the board at which any matter is the subject of consideration and in which matter the member or the member’s spouse is directly or indirectly interested in a private capacity, the member shall, as soon as is practicable after the commencement of the meeting, disclose such interest and shall not, unless the board otherwise directs, take part in any consideration or discussion of, or vote, any question touching such matter.
(2) A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which it is made.
8. Prohibition of publication or disclosure of information to an unauthorised person
(1) A person shall not, without the consent in writing given by or on behalf of a management board, publish or disclose to any unauthorised person, otherwise than in the course of that person’s duties, the contents of any documents, communication or information whatsoever, which relates to, and which has come to that person’s knowledge in the course of his duties under this Act.
(2) Any person who contravenes the provisions of sub-paragraph (1) shall be guilty of an offence and shall be liable, upon conviction to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding three years, or to both.
(3) If any person having any information which to that person’s knowledge has been published or disclosed in contravention of sub-paragraph (1) unlawfully publishes or communicates any such information to any other person, that person shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding three months or to both.
PART II
FINANCIAL PROVISIONS OF INSTITUTIONS
9. Funds of management board
(1) The funds of an institution shall consist of such money as may—
(a) be appropriated by Parliament for the purpose of the management board;
(b) be paid to the institution by way of fees, levy, grants or donations;
(c) be allocated to the institution from the Fund; and
[Second Sch para 9(1)(c) ins by s 17(a) of Act 11 of 2005.]
(d) subject to the approval of the Minister responsible for finance, be paid to the institution from levy which may be imposed and collected for the purpose of technical education, vocational and entrepreneurship training; and
[Second Sch para 9(1)(c) renumbered as para 9(1)(d) by s 17(b) of Act 11 of 2005.]
(d) vest in or accrue to the institution.
[Second Sch para 9(1)(d) renumbered as para 9(1)(e) by s 17(b) of Act 11 of 2005.]
(2) An institution may—
(a) accept money by way of grants or donations from any source in Zambia and, subject to the approval of the Minister, from any source outside Zambia;
(b) raise by way of loans or otherwise, such money as it may require for the discharge of its functions; and
(c) in accordance with the regulations made under this Act, charge and collect fees for services provided by the management board.
(3) There shall be paid from the funds of an institution—
(a) such money as is required for the operations of the institution;
(b) the salaries, allowances and loans of the staff of the management board;
(c) such reasonable travelling, transport and subsistence allowance for members or members of any committee of the board when engaged in the business of the board, at such rates as the Minister may determine; and
(d) any other expenses incurred by the management board in the performance of its functions.
(4) A management board may invest in such manner as it thinks fit any of its funds which does not immediately require for the performance of its functions.
10. Financial year
The financial year of an institution shall be the period of twelve months ending on the 31st of December, in each year.
11. Accounts
A management board shall cause to be kept proper books of account and other records relating to the accounts of the institution.
12. Annual report
(1) As soon as is practicable, but not later than six months after the expiry of each financial year, a management board shall submit to the Authority a report concerning the activities of the institution during such financial year.
(2) The report referred to in paragraph (1) shall include information on the financial affairs of institution and the management board and there shall be appended thereto—
(a) an audited balance sheet;
(b) an audited statement of income and expenditure; and
(c) such other information as the Authority may require.
{/mprestriction}