\\Governmentprint\users\Public\The Agricultural Institute of Zambia Act 2017.pmd
THE AGRICULTURAL INSTITUTE OF ZAMBIA ACT, 2017
ARRANGEMENTS OF SECTIONS
PART I
PRELIMINARY PROVISIONS
Section
1. Short title and commencement
2. Interpretation
PART II
THE AGRICULTURAL INSTITUTE OF ZAMBIA
3. Establishment of Agricultural Institute of Zambia
4. Seal of Institute
5. Functions of Institute
6. Constitution of Institute
7. Meetings of Institute
PART III
THE AGRICULTURAL COUNCIL
8. Constitution of Council
9. Functions of Council
10. Registrar
11. Deputy Registrar and other staff
12. Inspectors
PART IV
THE AGRICULTURAL REGISTRATION BOARD
13. Establishment of Agricultural Registration Board
14. Functions of Board
15. Committees
PART V
REGISTRATION OF AGRICULTURAL PROFESSIONALS
16. Classes of membership
17. Prohibition of person practising without registration
18. Application for registration as agricultural professional
19. Registration of agricultural professionals
20. Disqualification from registration
Agricultural Institute of Zambia [No. 2 of 2017 43
Single copies of this Act can be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Price K56.00 each.
21. Title for registered agricultural professionals
22. Changes in detail
23. Suspension and cancellation of registration
24. Re-registration
25. Practising certificate
26. Prohibition of practise without practising certificate
27. Holding out as agricultural professional
28. Offences regarding registered agricultural professional
29. Display of practising certificate
30. Fees for agricultural services and works
31. Renewal of practising certificate
32. Suspension and cancellation of practising certificate
33. Prohibition of transfer of certificate of registration or practising certificate
34. Duplicate certificate of registration or practising certificate
35. Certificate of status
36. Register
37. Removal and restoration of name on Register
38. Publication of copies of Register
39. Appeals
PART VI
DISCIPLINE AND ETHICS
40. Code of ethics
41. Professional misconduct
42. Initiation of complaint
43. Disciplinary Committee
44. Functions of Disciplinary Committee
45. Proceedings of Disciplinary Committee
46. Powers of Disciplinary Committee
47. Inquiry into mental capacity of agricultural professional
48. Reports by Disciplinary Committee
49. Appeal to High court
50. Rules relating to disciplinary proceedings
PART VII
GENERAL PROVISIONS
51. General penalty
52. Guidelines
53. Regulations
SCHEDULE
44 No. 2 of 2017] Agricultural Institute of Zambia
An Act to establish the Agricultural Institute of Zambia;
provide for the registration of agricultural professionals
and regulate their professional conduct in the interest of
the agricultural sector; and provide for matters connected
with, or incidental to, the foregoing.
[ 13thApril, 2017
ENACTED by the Parliament of Zambia.
PART I
PRELIMINARY PROVISIONS
1. ThisAct may be cited as theAgricultural Institute of Zambia
Act, 2017, and shall come into operation on the date determined by
the Minister by statutory instrument.
2. In this Act, unless the context otherwise requires—
“ agricultural by-product ” means a material arising from
processing an agricultural product and is not meant for
direct human consumption;
“ agricultural facility ” means an educational institution,
research station, laboratory or a related facility providing
services in a field of agriculture;
“ agricultural product ” means a material arising from the
cultivation of plants and fungi for food, fibre, bio-fuel and
medicinal plants and production of animals, and includes a
product used to sustain and enhance human life;
“ agricultural professional ” means a scientist, technician or
craftsperson in the science of agriculture, but excludes a
veterinary professional or para-veterinary professional;
“ agriculture ” means the practice, science and application of
scientific and technological principles in animal and plant
production;
“ allied discipline ” means a discipline determined as such by
the Council;
Agricultural Institute of Zambia [No. 2 of 2017 45
Short title
and
commencement
Interpretation
Enactment
GOVERNMENT OF ZAMBIA
ACT
No. 2 of 2017
Date of Assent: 12th April, 2017
46 No. 2 of 2017] Agricultural Institute of Zambia
“ animal ” has the meaning assigned to it in the Animal Health
Act, 2010;
“ associate ” has the meaning assigned to it in the Anti-
CorruptionAct, 2012;
“ Board ” means the Agricultural Registration Board
established under section 13;
“ certificate of registration ” means the certificate of
registration issued under section 19;
“ code of ethics ” means the code of professional conduct
adopted and published by the Institute for the purposes of
this Act;
“ constitution ” means the constitution of the Institute;
“ Council ” means the Agricultural Council of the Institute
constituted under section 8;
“ Deputy Registrar ” means a person appointed as Deputy
Registrar under section 11;
“ Disciplinary Committee ” means the Disciplinary Committee
constituted under section 43;
“ Fellow ” means a person registered as such under this Act;
“ Institute ” means the Agricultural Institute of Zambia
established under section 3;
“ institution ” means an industry dealing with, or organisation
providing a service in, agricultural products or by-products;
“Member” means a person registered as a member of the
Institute in accordance with the provisions of this Act,
and “membership” shall be construed accordingly;
“ plant ” means a crop, algae, fungi, seed and any related
material produced as a food crop, cash crop, fibre or flower
or produced for an aesthetic purpose or genetic
conservation;
“ practice ” means the practice as a professional in an
agricultural field and provision of a service to a third party
for remuneration and “practising” shall be construed
accordingly;
“ practising certificate ” means a certificate issued under
section 25;
Act No. 27 of
2010
Act No. 3 of
2012
Agricultural Institute of Zambia [No. 2 of 2017 47
“ President ” means the person elected President of the Council
pursuant to section 8;
“ professional misconduct ” has the meaning assigned to it in
section 41;
“ Register ” means the Register of certificates of registration
and practising certificates established under section 36;
“Registrar” means a person appointed as Registrar under
section 10;
“ relative ” has the meaning assigned to it in the Anti-
CorruptionAct, 2012;
“ student ” means a person who is enrolled at a higher
education institution recognised by the Institute and
undergoing training in the agricultural profession or allied
discipline; and
“ Vice-President ” means the person elected Vice- President
of the Council pursuant to Section 8.
PART II
THE AGRICULTURAL INSTITUTE OF ZAMBIA
3. (1) There is established the Agricultural Institute of Zambia
which is body corporate with perpetual succession and a common
seal, capable of suing and being sued in its corporate name and
with power subject to the provisions of this Act, to do all such acts
and things as a body corporate may, by law, do or perform.
(2) The provisions of the Schedule apply to the Institute.
4. (1) The seal of the Institute shall be such device as may be
determined by the Council and shall be kept by the Registrar.
(2) The affixing of the seal shall be authenticated by the President
or Vice-President and the Registrar or any other person authorised
in that behalf by a resolution of the Council.
(3) A 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 the Institute by the Registrar or any other person generally
or specifically authorised by the Council in that behalf.
(4) A document purporting to be a document under the seal of
the Institute or issued on behalf of the Institute shall be received in
evidence and shall be deemed to be so executed or issued, as the
case may be, without further proof, unless the contrary is proved.
5. The functions of the Institute are to—
(a) register agricultural professionals and regulate their
professional conduct;
(b) promote the agricultural profession in Zambia;
Act No. 3 of
2012
Establish-
ment of
Agricultural
Institute of
Zambia
Functions of
Institute
Seal of
Institute
48 No. 2 of 2017] Agricultural Institute of Zambia
(c) recommend the development and maintenance of
appropriate standards of qualification in the agricultural
profession to the Higher Education Authority and the
Zambia Qualifications Authority;
(d) promote and encourage internationally accepted
agricultural practice standards in Zambia;
(e) undertake research in agricultural policy-related issues;
(f) investigate allegations of professional misconduct and
impose such sanctions as may be necessary;
(g) advise Government on matters relating to the agricultural
profession;
(h) promote the advancement of science and technology in
agriculture for the improvement of quality of human,
animal and plant life;
(i) promote and recognise agricultural scientists and award
them accordingly;
(j) promote alternative dispute resolution mechanisms for
disputes in the agricultural profession;
(k) collaborate with private and State institutions on matters
relating to the agricultural profession; and
(l) do all such other things as are necessary or incidental to
the performance of its functions under this Act.
6. (1) The Institute shall, by a vote of at least two-thirds of the
members voting at a general meeting of the Institute, adopt a
constitution and may, in the like manner, amend it.
(2) Subject to thisAct, the constitution shall regulate the conduct of
the affairs of the Institute.
(3) Subject to subsection (1), the constitution shall provide for
the following matters—
(a) the meetings of the Institute, including the delivery and
sufficiency of notices of the meetings, the quorum, voting,
adjournment and other matters of procedure or conduct
of the meeting;
(b) the election, qualifications and tenure of the President,
Vice-President and other office bearers;
Constitution
of Institute
Agricultural Institute of Zambia [No. 2 of 2017 49
(c) the composition, functions, powers and procedures of the
committees of the Institute;
(d) the establishment, powers and functions of the branches
of the Institute; and
(e) any other matter as the membership may determine.
7. (1) Subject to this Act, the Institute may regulate its own
procedure.
(2) The meetings of the Institute shall be conducted in accordance
with the provisions of the constitution.
(3) The validity of any proceedings, act or decision of the Institute
shall not be affected by any person’s absence from any meeting of
the Institute.
PART III
THE AGRICULTURAL COUNCIL
8. (1) There is constituted the Council which shall be responsible
for the management and control of the affairs of the Institute.
(2) The Council shall be elected in accordance with the provisions
of the constitution.
(3) The Council shall consist of the following members:
(a) the President, who is a Fellow;
(b) the Vice-President, who is a Fellow and shall be responsible
for administration and policy direction;
(c) the Information and Publicity Secretary, who is a Fellow
and shall be responsible for public relations;
(d) the Treasurer, who is a Fellow with financial skills and
shall be responsible for finance and administration;
(e) one representative from each province; and
(f) one professional member.
(4) A person does not qualify to be elected as a member of the
Council if that person—
(a) has a mental disability that would make that person
incapable of carrying out the functions of office of
member;
(b) has committed any professional misconduct within a period
of five years preceding the election or nomination as
member;
(c) is adjudged bankrupt under any law; or
Meetings of
Institute
Constitution
of Council
(d) is in lawful custody or the person’s freedom of movement
is restricted under any law in force in or outside Zambia
on the date of the election or nomination.
(5) The provisions of the Schedule apply to the Council.
9. (1) The functions of the Council are to—
(a) perform the functions of the Institute;
(b) approve the policy and strategic plan of the Institute;
(c) oversee the implementation and successful operation of
the policy and functions of the Institute;
(d) approve the annual budget and plans of the Institute;
(e) monitor and evaluate the performance of the Institute
against budgets and plans;
(f) represent, coordinate and develop the agricultural
profession and promote its interest;
(g) protect and assist the public in matters relating to the
practice of the agricultural profession;
(h) promote continuing professional development among
agricultural professionals;
(i) make recommendations relating to the agricultural
profession to the general meeting of the Institute;
(j) establish and issue guidelines and standards for purposes
of this Act;
(k) establish and approve rules and procedures for the
appointment, discipline, termination and terms and
conditions of service of the staff of the Institute;
(l) advise the Government on policies and measures relating
to the agricultural profession; and
(m) do all such things as are necessary or incidental to the
performance of its functions under this Act.
10. The Council shall appoint a suitably qualified registered
agricultural professional as Registrar, on the terms and conditions
that the Council may determine, who shall be the chief executive
officer of the Institute and Secretary to the Council.
11. (1) The Council shall appoint a suitably qualified registered
agricultural professional as Deputy Registrar who shall assist the
Registrar in performing the Registrar’s duties under this Act.
(2) The Council may appoint, on the terms and conditions that
50 No. 2 of 2017] Agricultural Institute of Zambia
Functions of
Council
Registrar
Deputy
Registrar
and other
staff
Agricultural Institute of Zambia [No. 2 of 2017 51
the Council may determine, any other staff that as it considers
necessary for the performance of its functions under this Act.
12. (1) The Council shall appoint suitably qualified persons as
inspectors to ensure compliance with this Act.
(2) The Council shall provide an inspector with a certificate of
appointment which shall be prima facie evidence of the inspector’s
appointment as such.
(3) An inspector shall, in performing any duties under thisAct—
(a) be in possession of the certificate of appointment referred
to in subsection (2); and
(b) show the certificate of appointment to a person who re-
quests to see it or is subject to an investigation under
this Act.
(4) An inspector may, for the purpose of enforcing the provi-
sions of this Act, at any reasonable time, with prior notice, and on
the authority of a warrant, enter any premises that the inspector
has reasonable grounds to believe is used by an agricultural pro-
fessional or agricultural facility for the commission of an offence
or contrary to the provisions of this Act and—
(a) search the premises;
(b) search a person on the premises if there are reasonable
grounds to believe that the person has possession of an
article, document or record that has a bearing on an
investigation, except that a person shall only be searched
by a person of the same sex;
(c) take extracts from, or make copies of, a book, document
or record that is on the premises and that has a bearing
on an investigation;
(d) demand the production of, and inspect, relevant certifi-
cates of registration and practising certificates; and
(e) make such enquiries as may be necessary to ascertain
whether the provisions of thisAct or other law on which
an investigation is based have been complied with.
(5) A person shall not—
(a) delay or obstruct an inspector in the performance of the
inspector’s functions under this Act;
(b) refuse to give an inspector such reasonable assistance as
the inspector may require for the purpose of exercising
the inspector’s functions; or
(c) give an inspector false or misleading information in answer
to an inquiry made by the inspector.
Inspectors
(6)Aperson who contravenes subsection (5) commits an offence
and is liable, upon conviction, to a fine not exceeding two hundred
thousand penalty units or to imprisonment for a period not exceeding
two years, or to both.
(7) An inspector shall furnish the Council with a written report
and any other information relating to an inspection.
PART IV
THE AGRICULTURAL REGISTRATION BOARD
13. There is established the Board of the Institute which
consists of the following part-time members appointed by the
Minister:
(a) a person experienced in agricultural matters, as the
chairperson;
(b) a representative each of the Ministries responsible for—
(i) agriculture;
(ii) livestock and fisheries;
(iii) finance;
(iv) development planning;
(v) higher education; and
(vi) forestry
(c) a representative of the Attorney-General;
(d) a representative of a farmers’ body;
(e) a representative of a body representing research
institutions;
(f) a representative of an agricultural policy research institute;
(g) a representative of the agricultural sector;
(h) a representative of the Zambia Congress of Trade Unions;
and
(i) a representative of the Federation of Free Trade Unions
of Zambia.
14. Except as otherwise provided in this Act, the function of
the Board is to perform all the registration functions of the Institute.
15. (1) The Board may, for purposes of performing its functions
under this Act, establish such committees as it may determine and
may delegate to the committees any of its functions as it considers
necessary for purposes of this Act.
(2) Subject to any specific or general direction of the Board, a
committee established under this section may regulate its own
procedure.
52 No. 2 of 2017] Agricultural Institute of Zambia
Establishment
of
Agricultural
Registration
Board
Functions of
Board
Committees
Agricultural Institute of Zambia [No. 2 of 2017 53
PART V
REGISTRATION OF AGRICULTURAL PROFESSIONALS
16. (1) There shall be such classes of membership with such
rights and privileges as the Minister may by statutory instrument
prescribe.
(2) A person may apply to the Institute for registration as a
Member in accordance with the provisions of the constitution.
17. (1)Aperson shall not practise as an agricultural professional
without registering under this Act.
(2)Aperson who contravenes subsection (1) commits an offence
and is liable, upon conviction, to a fine not exceeding seven hundred
thousand penalty units or to imprisonment for a period not exceeding
seven years, or to both.
18. (1) A person shall apply to the Board for registration as an
agricultural professional in the prescribed manner and form upon
payment of the prescribed fee.
(2) The Board may determine different fees for different classes
of agricultural professionals.
(3) The Board may, within thirty days of receipt of an application
under subsection (1), grant or reject the application.
(4) The Board shall, where it rejects an application under
subsection (3), inform the applicant accordingly and give the reasons
for the decision.
19. (1) The Board shall, within fourteen days of the approval
of an application under section 18, issue the applicant with a
certificate of registration if the applicant—
(a) is registered as a Member in accordance with the
provisions of the constitution;
(b) possesses such knowledge, training and experience as
may be prescribed;
(c) holds a qualification from a training institution recognised
by the Institute;
(d) is resident in Zambia or has an established office or
appointment in Zambia in the agricultural sector;
(e) is of good character and good professional standing; and
(f) meets such other requirements as the Institute may
determine.
(2) The Board shall register an agricultural professional in
accordance with the prescribed categories and classes of
membership.
Applicattion
for
registration
as
agricultural
professional
Classes of
membership
Prohibition
of person
practising
without
registration
Registration
of
agricultural
professionals
54 No. 2 of 2017] Agricultural Institute of Zambia
(3) A certificate of registration shall have an unlimited period of
validity, unless suspended or cancelled under the provisions of this
Act.
20. A person shall not qualify for registration as an agricultural
professional under this Act if the person has been—
(a) convicted of an offence involving fraud or dishonesty under
this Act or any other written law;
(b) adjudged bankrupt under any written law; or
(c) found guilty of professional misconduct by the Disciplinary
Committee.
21. A registered agricultural professional shall use the title or
designation as prescribed in the constitution.
22. Aperson registered under thisAct shall notify the Registrar
of any change in the particulars relating to the registration within
seven days of the change.
23. (1) Subject to other provisions of this Act, the Board may
suspend or cancel the registration of an agricultural professional
where—
(a) the Board has reasonable grounds to believe that the
registration was obtained through fraud,
misrepresentation or concealment of a material fact;
(b) the agricultural professional is found guilty of professional
misconduct under this Act or the Code of Ethics;
(c) the practising certificate of the agricultural professional is
cancelled;
(d) the agricultural professional is convicted of an offence
under this Act or any written law and sentenced to
imprisonment for a period exceeding six months without
the option of a fine; or
(e) since the registration, circumstances have arisen
disqualifying the agricultural professional from
registration.
(2) The Board shall, before cancelling the registration under
subsection (1), give the agricultural professional an opportunity to
be heard.
(3) The Board may, before cancelling the registration of an
agricultural professional suspend the agricultural professional for
such period and on such terms and conditions as the Board may
determine.
Disqualification
from
registration
Title for
registered
agricultural
professionals
Changes in
detail
Suspension
and
cancellation
of registration
Agricultural Institute of Zambia [No. 2 of 2017 55
(4) Where the Board cancels a certificate of registration of an
agriculturalprofessional under this section, the name of theagricultural
professional shall not be restored except on such conditions as may be
prescribed and upon payment of the prescribed fee.
24. Where a certificate of registration is cancelled or suspended
under section 23, the holder of the certificate of registration may
apply to the Board for re-registration, subject to the terms and
conditions that the Board may determine.
25. (1) An agricultural professional shall apply to the Board
for a practising certificate in the prescribed manner and form upon
payment of the prescribed fee.
(2) The Board shall, within fourteen days of the receipt of an
application under subsection (1), and if the application meets the
requirements of this Act, issue the applicant with a practising
certificate.
(3) The Minister may, by statutory instrument, on the
recommendation of the Institute, make regulations to provide for—
(a) the terms and conditions for the issuance of practising
certificates;
(b) the type of continuous professional development and
training and any other information required for the
issuance of a practising certificate; and
(c) any other matter necessary for purposes of this Act.
26. (1)Aperson shall not practise as an agricultural professional
without a practising certificate issued to that person by the Board
under this Act.
(2)Aperson who contravenes subsection (1) commits an offence
and is liable, upon conviction, to a fine not exceeding seven hundred
thousand penalty units or to imprisonment for a period not exceeding
seven years, or to both.
27. (1) A person shall not, unless the person is registered as
an agricultural professional under this Act—
(a) practise as, be employed as, offer services related to
agriculture, be engaged as an agent of, or hold out to be,
an agricultural professional;
(b) adopt, use or exhibit the titles or designations prescribed
in the constitution; or
(c) do anything likely to lead persons to infer that the person
is a registered agricultural professional.
(2)Aperson, organisation or institution shall not offer employment
to a person requiring registration under this Act.
Prohibition
of practise
without
practising
certificate
Holding out
as
agricultural
professional
Re-
registration
Practising
certificate
56 No. 2 of 2017] Agricultural Institute of Zambia
(3) A person who contravenes subsection (1) or (2) commits an
offence and is liable, upon conviction, to a fine not exceeding one
million penalty units or to imprisonment for a period not exceeding
ten years, or to both.
(4) An agricultural professional shall not permit the agricultural
professional’s name to be used by a person that is not a registered
agricultural professional.
(5)A person who contravenes subsection (4) commits an offence
and is liable, upon conviction, to a fine not exceeding one million
penalty units or to imprisonment for a period not exceeding ten
years, or to both.
28. (1) A person shall not—
(a) make or cause to be made an unauthorised entry, alteration
or erasure in the Register or a certified copy of an entry
in the Register, a certificate of registration or practising
certificate issued under this Act;
(b) impersonate or use the title of a registered agricultural
professional while not registered as such under thisAct;
(c) procure, or attempt to procure, registration under thisAct,
by fraud, false representation or the concealment of a
material fact;
(d) forge a certificate of registration, practising certificate or
other document issued under this Act; or
(e) undertake to provide professional services in excess of
the scope of the practice permitted for the agricultural
profession.
(2)Aperson who contravenes subsection (1) commits an offence
and is liable, upon conviction, to a fine not exceeding one million
penalty units or to imprisonment for a period not exceeding ten
years, or to both.
29. A holder of a practising certificate shall display the
practising certificate in a conspicuous place at the place of practice.
30. A holder of a practising certificate shall, for professional
services rendered, charge such fees as the Minister may prescribe,
by statutory instrument, on the recommendation of the Council.
31. (1) A practising certificate shall be renewed annually in
the prescribed manner and form upon payment of the prescribed
fee.
(2) A practising certificate that is not renewed in accordance
with subsection (1) is void.
Offences
regarding
registered
agricultural
professional
Display of
practising
certificate
Renewal of
practising
certificate
Fees for
Agricultural
Services and
Works
Agricultural Institute of Zambia [No. 2 of 2017 57
32. (1) The Board may suspend or cancel a practising
certificate if the holder—
(a) has a mental disability that makes the holder incapable of
performing duties as an agricultural professional;
(b) is adjudged bankrupt under a written law;
(c) obtained the practising certificate through fraud,
misrepresentation or concealment of a material fact; or
(d) commits an offence under this Act or contravenes the
Code of Ethics.
(2) Where a certificate of registration is cancelled under this
Act, the practising certificate of the holder of the certificate of
registration shall be void and shall be surrendered to the Board.
(3) The Board shall, before cancelling a practising certificate
under this section, give the holder of the practising certificate an
opportunity to be heard.
(4) The Board may, before cancelling a practising certificate,
suspend the holder of the practising certificate for such period and
on such terms and conditions as the Board may determine.
(5) The Board shall, where it suspends or cancels a practising
certificate under subsection (1), publish the cancellation in a daily
newspaper of general circulation in Zambia.
33. A certificate of registration or practising certificate issued
under this Act shall not be transferred to a third party.
34. (1) A person whose certificate of registration or practising
certificate is destroyed or lost may apply to the Registrar for a
duplicate certificate in the prescribed manner and form upon
payment of the prescribed fee.
(2) The Registrar may, within seven days of receipt of an
application under subsection (1), issue a duplicate certificate of
registration or practicing certificate to the applicant.
35. (1) A person may apply to the Registrar for a certificate of
status containing particulars relating to the registration of an
agricultural professional in the prescribed manner and form upon
payment of the prescribed fee.
(2) The Registrar may, upon receipt of an application under
subsection (1), issue a certificate of status to the applicant in the
prescribed form.
Prohibition
of transfer of
certificate of
registration
or practising
certificate
Certificate of
status
Duplicate
certificate
of
registration
or
practising
certificate
Su sp en s io n
and
cancellation of
practising
certificate
36. (1) The Registrar shall keep and maintain a Register of all
persons registered under this Act in which the Registrar shall enter
the details and particulars relating to—
(a) registered agricultural professionals;
(b) the holders of practising certificates and persons whose
certificates have been cancelled;
(c) the applications rejected and the reasons for the rejection;
and
(d) any other information that the Institute may determine.
(2) The Register shall be kept in the custody of the Registrar at
the offices of the Institute and shall be open for inspection by
members of the public during normal office hours upon payment of
such fee as the Board may determine.
(3) The Registrar may, upon application by any person, issue to
the person a certified extract from the Register of a copy of a
certificate of registration or practising certificate, upon payment of
such fee as the Board may determine.
37. (1) The Minister may, on the recommendation of the
Council, make regulations prescribing the circumstances and manner
in which an agricultural professional —
(a) may be removed from the Register; and
(b) who is removed from the Register may be restored on the
Register and the fee to be paid for the restoration.
(2) Subject to subsection (1), an agricultural professional who is
removed from the Register ceases to be registered as an agricultural
professional.
(3) The Board may, where a holder of a practising certificate
does not intend to practise for a specified period of time, maintain
the name of the holder of the practising certificate on the register,
in a non-practising category, for that period of time.
38. (1) The Registrar shall, on the direction of the Board, cause
copies of the Register and any alterations of, or additions to, the
Register to be printed and published in a manner and form that the
Board may direct.
(2) Subject to this Act, a copy of the last published and printed
Register shall be prima facie evidence of what is contained in that
Register and the absence of the name of an agricultural professional
from that copy shall be prima facie evidence that the agricultural
professional is not registered.
58 No. 2 of 2017] Agricultural Institute of Zambia
Register
Removal and
restoration
of name on
Register
Publication
of
copies of
Register
39. (1) A person aggrieved with a decision of the Board may,
within thirty days of receiving the decision, appeal to the Minister.
(2) A person aggrieved with a decision of the Minister may,
appeal to the High Court.
PART VI
DISCIPLINE AND ETHICS
40. The Institute shall adopt and publish a code of ethics for
agricultural professionals, which shall bind all agricultural
professionals regulated under this Act.
41. An agricultural professional commits professional
misconduct if the agricultural professional—
(a) contravenes the provisions of this Act;
(b) unlawfully discloses or uses to the advantage of the
agricultural professional any information acquired in the
practice of the agricultural professional;
(c) engages in conduct that is dishonest, fraudulent or deceitful;
or
(d) breaches the code of ethics or encourages another
agricultural professional to breach or disregard the
principles of the code of ethics.
42. (1) A person who alleges that an agricultural professional
has contravened the code of ethics or a provision of this Act may
lodge a complaint with the Disciplinary Committee against the
agricultural professional.
(2) The Institute may initiate disciplinary action under this section
where it has reasonable grounds to believe that an agricultural
professional has contravened the code of ethics or a provision of
this Act.
(3) A complaint or allegation under subsection (1) shall be made
to the Registrar in the prescribed manner and form.
43. (1) There is established a Disciplinary Committee which
consists of the following members who shall be appointed by the
Council:
(a) the Chairperson;
(b) the Vice-Chairperson;
(c) five registered Memberswho are not members of the Council,
elected at a general meeting of the Institute; and
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ethics
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(d) a legal practitioner nominated by the Law Association of
Zambia.
(2) The Registrar shall be the Secretary to the Disciplinary
Committee but shall not have voting rights.
(3) A person qualifies to be appointed as Chairperson or Vice-
Chairperson of the Disciplinary Committee if that person is
registered as a Fellow or Member in accordance with the
constitution and registered under this Act.
(4) A person shall not be appointed as a member of the
Disciplinary Committee if the person—
(a) is facing an allegation of, or has been disciplined for
professional misconduct;
(b) is in lawful custody or the person’s freedom of movement
is restricted under any law in force within or outside
Zambia;
(c) has been convicted of an offence under any written law
and sentenced to a term of imprisonment exceeding six
months without the option of a fine; or
(d) has a mental disability that would make that person
incapable of carrying out the functions of office of a
member.
(5) A member of the Disciplinary Committee shall hold office
for three years and may be re-appointed for a further and final
term of three years.
(6) A member shall, upon the expiration of the term for which
the member is elected or nominated, continue to hold office until
another member is elected or nominated, but in no case shall an
extension of the period exceed three months.
(7) The office of a member becomes vacant if the member—
(a) dies;
(b) is adjudged bankrupt under any law;
(c) is absent from three consecutive meetings of the
Disciplinary Committee of which the member had
notice, without the prior approval of the Disciplinary
Committee;
(d) resigns, by notice in writing, to Council;
(e) becomes mentally and physically incapable of performing
duties as a member of the Disciplinary Committee;
(f) is found guilty of professional misconduct;
(g) is de-registered under this Act: or
(h) is convicted of an offence under this Act or any other law
and sentenced to imprisonment for a period exceeding
six months without the option of a fine.
(8) The Council shall, where there is a vacancy in the
membership of the Disciplinary Committee before the expiry of
the term of office, appoint another person to replace the member
who vacates office, but that person shall only hold office for the
remainder of the term.
44. The functions of the Disciplinary Committee are to hear
and determine—
(a) a disciplinary action initiated by the Institute against an
agricultural professional that has contravened a provision
of the code of ethics or a provision of this Act; or
(b) a complaint or allegation of professional misconduct made
by a person against an agricultural professional.
45. (1) Five members of the Disciplinary Committee shall form
a quorum.
(2) The Chairperson, or in the absence of the Chairperson, the
Vice-Chairperson, shall preside at a meeting or sitting of the
Disciplinary Committee.
(3) A question at a sitting or meeting of the Disciplinary
Committee shall be decided by a majority of the votes of the
members of the Disciplinary Committee at the sitting or meeting
and in the event of an equality of votes, the person presiding at the
sitting or meeting shall have a casting vote in addition to that person’s
deliberative vote.
(4) The proceedings of the Disciplinary Committee shall be in
camera.
(5) A party to a hearing of the Disciplinary Committee may
appear in person or be represented by a legal practitioner, or if the
party so elects by any other person.
(6)A decision of the Disciplinary Committee shall be in the form
of a reasoned judgement and a copy of the decision shall be supplied
to each party to the proceedings and every person affected by the
decision.
(7) A member who is present at a meeting of the Disciplinary
Committee at which a matter is the subject of consideration, and in
which matter that person or that person’s relative or associate is
directly or indirectly interested in a private capacity shall, as soon
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as is practicable after the commencement of the meeting, disclose
the interest and shall not, unless the Disciplinary Committee
otherwise directs, take part in a consideration or discussion of, or
vote on, a question relating to that matter.
(8) A disclosure of interest made under this section shall be
recorded in the minutes of the meeting at which it is made.
(9) The Disciplinary Committee shall cause to be kept a record
of its proceedings.
46. (1) The Disciplinary Committee may, for the purposes of
a hearing, hear and receive evidence and may—
(a) under the hand of the Chairperson of the Disciplinary
Committee or the Registrar, summon witnesses and
require the production of a book, record, document,
electronic record or anything required for the purposes
of the proceeding; and
(b) through the Chairperson or Vice-Chairperson of the
Disciplinary Committee, administer an oath to a witness.
(2) A person summoned to attend before the Disciplinary
Committee shall not—
(a) refuse or fail to attend at the time and place specified in
the summons or, having attended, leave without the
permission of the Disciplinary Committee;
(b) having attended, refuse to be sworn or to affirm;
(c) refuse, without lawful excuse, to answer fully and
satisfactorily to that person’s best knowledge and belief,
any question lawfully put to that person; or
(d) refuse to produce a book, record, document or thing which
that person has been required by summons to produce.
(3) Aperson who contravenes subsection (2) commits an offence
and is liable, upon conviction, for every such refusal or failure, to a
fine not exceeding two hundred thousand penalty units.
(4) Despite subsection (2), a person shall not be compelled to
answer any question or produce a book, record or document which
that person would not be compelled to answer or produce on the
trial of an action in the High Court.
(5) A hearing before the Disciplinary Committee shall, for all
purposes, and in particular for the purposes of Chapter XI of the
Penal Code, be deemed to be a judicial proceeding.
Cap. 87
Powers of
Disciplinary
Committee
(6) A finding of fact which is shown to have been made by a
court in Zambia shall, in a hearing before the Disciplinary Committee,
be conclusive evidence of the fact so found.
(7) Where the Disciplinary Committee, after due inquiry, finds
an agricultural professional guilty of professional misconduct, it may
impose one or more of the following penalties:
(a) order the cancellation of a practising certificate or
certificate of registration of the agricultural professional
or modify the fields of speciality in which the agricultural
professional may practise;
(b) order the suspension of the certificate of registration or
practising certificate for a period not exceeding one year
and impose any condition for the suspension;
(c) censure the agricultural professional;
(d) caution the agricultural professional;
(e) impose a fine, not exceeding three hundred thousand
penalty units, to be paid to the Institute;
(f) order the agricultural professional to pay to the Institute or
a party to the hearing any costs of, or incidental to, the
proceedings; or
(g) order the agricultural professional to pay a party to the
hearing or other person, as restitution, the amount of
loss caused by that agricultural professional’s negligence.
(8) The Disciplinary Committee shall, where it finds, after due
inquiry, that an agricultural professional is not guilty of professional
misconduct, record a finding that the agricultural professional is not
guilty of the conduct to which the charge relates.
(9) The Disciplinary Committee may, for the purpose of any
proceedings, use such assessors or experts as it may determine.
47. (1) The Disciplinary Committee shall, where it has
reasonable cause to believe that an agricultural professional has a
mental disability that makes the continued practising by the
agricultural professional prejudicial to public interest, refer the
matter for determination by a medical doctor.
(2) The Disciplinary Committee shall, where a medical doctor
determines that an agricultural professional has a mental disability,
suspend the practising certificate of the agricultural professional
for such period as it may determine.
48. (1) The Disciplinary Committee shall, as soon as practicable
after the completion of a hearing, submit to the Council a report of
the proceedings with a copy of the record.
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(2) The Disciplinary Committee may publicise, as it may consider
appropriate, the facts relating to an agricultural professional who is
found guilty of, and punished for, professional misconduct.
49. A person aggrieved with a decision of the Disciplinary
Committee may, appeal to the High Court.
50. (1) The Chief Justice may, by statutory instrument, on the
recommendation of the Council, make rules relating to—
(a) the manner and form for lodging of complaints under this
Part;
(b) the mode of summoning persons before the Disciplinary
Committee;
(c) the form and manner of service of summons requiring the
attendance of a witness before the
DisciplinaryCommittee and the production of a book,
record, document or thing;
(d) the procedure to be followed and rules of evidence to be
observed in proceedings before the Disciplinary
Committee; and
(e) the functions of the assessors to the Disciplinary Committee.
(2) Rules made under this section may provide—
(a) that before a matter is referred to the Disciplinary
Committee it shall, in such manner as may be provided
by the rules, have been brought before, and investigated
by, the Institute;
(b) for securing notices for the proceedings and specifying
the time and manner of proceedings; and
(c) for securing that a party to theproceedings shall, if that
person requires, be entitled to be heard by the
Disciplinary Committee.
PART VII
GENERAL PROVISIONS
51. Aperson who contravenes a provision of thisAct for which
a specific penalty is not provided, is liable, upon conviction, to a fine
not exceeding two hundred thousand penalty units or to imprisonment
for a period not exceeding two years, or to both.
52. (1) The Institute may, in the exercise of its functions under
thisAct, issue such guidelines as are necessary for the better carrying
out of the provisions of this Act.
Rules
relating to
disciplinary
proceedings
Appeal to
High Court
General
penalty
Guidelines
(2) The Institute shall publish the guidelines issued under this
Act in a daily newspaper of general circulation in Zambia and in
the Gazette, and the guidelines shall take effect on the date of
publication.
(3) The guidelines issued by the Institute under this Act shall
bind the persons regulated under this Act.
53. (1) The Minister may, by statutory instrument, on the
recommendation of the Council, make regulations for the better
carrying out of the provisions of this Act.
(2) Despite the generality of subsection (1), regulations under
that subsection may make provision for—
(a) the manner and form for applications and the fees payable;
(b) the particulars to be entered on the Register;
(c) the form of the certificate of registration and the conditions
of the certificate of registration;
(d) the qualifications for registration of an agricultural
professional;
(e) the form of the practising certificate and the conditions of
the practising certificate;
(f) the code of ethics to which all members shall subscribe;
(g) the continuous professional development of agricultural
professionals; and
(h) the fixing of fees for professional services and other fees
which are required to be prescribed.
Agricultural Institute of Zambia [No. 2 of 2017 65
Regulations
66 No. 2 of 2017] Agricultural Institute of Zambia
SCHEDULE
(Sections 3 (2) and 8 (5))
THE AGRICULTURAL INSTITUTE OF ZAMBIA
PART I
ADMINISTRATION OF THE COUNCIL
1. (1) A member of the Council shall, subject to the provisions
of this Act, hold office for a term of three years and may be re-
elected for a further and final term of three years.
(2) A member shall, upon the expiration of the term for which
the member is elected or nominated, continue to hold office until
another member is elected or nominated, but in no case shall any
extension of the period exceed four months.
(3) The office of a member becomes vacant if the member—
(a) dies;
(b) is adjudged bankrupt under any law;
(c) is absent from three consecutive meetings of the Council
of which the member had notice, without the prior
approval of the Council;
(d) resigns, by notice in writing, to the Council;
(e) becomes mentally and physically incapable of performing
duties as a member;
(f) is found guilty of professional misconduct;
(g) is de-registered under this Act: or
(h) is convicted of an offence under this Act or any other
written law and sentenced to imprisonment without the
option of a fine.
(4) The Council shall, where there is a vacancy in the
membership of the Council before the expiry of the term of office,
appoint another person to replace the member who vacates office,
but that person shall only hold office for the remainder of the term.
2. (1) Subject to the other provisions of this Act, the Council
may regulate its own procedure.
(2) The Council shall meet for the transaction of business at
least once in every three months at such places and times as the
Council may determine.
(3) A meeting of the Council may be called by the President
upon giving notice of not less than fourteen days, and shall be
called if one third of the members so request in writing, except that
Tenure of
office and
vacancy of
Council
Proceeding of
Council
if the urgency of a particular matter does not permit the giving of
notice, a special meeting may be called upon giving a shorter notice.
(4) Eight members shall constitute a quorum at a meeting of the
Council.
(5) There shall preside at a meeting of the Council—
(a) the President;
(b) in the absence of the President, the Vice-President; or
(c) in the absence of the President and Vice-President, such
other member as the members present may elect for
the purpose of that meeting.
(6)Adecision of the Council 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, in addition to a deliberative vote, a casting vote.
(7) The Council may invite a person whose presence is, in its
opinion, desirable to attend and participate in the deliberations of a
meeting of the Council, but that person shall have no vote.
(8) The validity of any proceedings, act or decision of the Council
shall not be affected by any vacancy in the membership of the
Council or any defect in the appointment of any member or by
reason that any person not entitled to do so, took part in the
proceedings.
(9) The Council shall cause minutes to be kept of the proceedings
of every meeting of the Council and any committee established by
the Council.
3. (1) The Council may, for the purpose of performing its
functions under this Act, constitute a committee and delegate to
the committee such functions of the Council as it considers
necessary.
(2) The Council may appoint as members of a committee
constituted under sub-paragraph (1), persons who are, or are not,
members of the Council, except that at least one member of the
Council shall be a member of a committee.
(3) A member of a committee shall hold office for such period
as the Council may determine.
(4) Subject to any specific or general direction of the Council, a
committee constituted under this paragraph may regulate its own
procedure.
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68 No. 2 of 2017] Agricultural Institute of Zambia
Funds of
Institute
4. A member of the Council or a committee of the Council
shall be paid allowances that the Council may determine.
5. (1) A member who is present at a meeting of the Council or
a committee of the Council at which a matter is the subject of
consideration, and in which matter that person or that person’s
relative or associate is directly or indirectly interested in a private
capacity shall, as soon as is practicable after the commencement
of the meeting, disclose the interest and shall not, unless the Council
or committee of the Council otherwise directs, take part in any
consideration or discussion of, or vote on, any question relating to
that matter.
(2) A disclosure of interest made under this paragraph shall be
recorded in the minutes of the meeting at which the disclosure is made.
6. (1)A person shall not, without the consent, in writing, given
by or on behalf of the Institute, publish or disclose to an unauthorised
person, otherwise than in the course of that person’s duties, the
contents of a document, communication or information which relates
to, and which comes to that person’s knowledge in the course of
that person’s duties under this Act.
(2) A person who contravenes subparagraph (1) commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a period not
exceeding two years, or to both.
(3) A person who, having information which to the knowledge of
that person has been published or disclosed in contravention of
subparagraph (1), unlawfully publishes or communicates the
information to another person, commits an offence and is liable,
upon conviction, to a fine not exceeding two hundred thousand
penalty units or to imprisonment for a period not exceeding two
years, or to both.
7. An action or other proceeding shall not lie or be instituted
against a member of the Council or a committee of the Council, or
a member of staff of the Institute, for or in respect of an act or
thing done or omitted to be done in good faith in the exercise or
performance of any function conferred under this Act.
PART II
FINANCIAL PROVISIONS
8. (1) The funds of the Institute shall consist of such monies
as may—
(a) be paid to the Institute by way of fees, grants or donations;
or
Prohibition
of
publication
or disclosure
of
information
to
unauthorised
persons
Allowances
Disclosure of
interest
Immunity
Agricultural Institute of Zambia [No. 2 of 2017 69
(b) vest in or accrue to the Institute.
(2) The Institute may, subject to the approval of the Minister —
(a) accept money by way of grants or donations from any
source in or outside Zambia;
(b) raise by way of loans or otherwise, monies that the Institute
may require for the discharge of its functions; or
(c) in accordance with the regulations made under this Act,
charge and collect fees for services provided by the
Institute.
(3) There shall be paid from the funds of the Institute—
(a) the salaries, allowances and loans of members of staff of
the Institute;
(b) reasonable travelling, transport and subsistence allowances
for members of the Council or any committee when
engaged in the business of the Institute at the rates
approved by the Council; and
(c) any other expenses incurred by the Council or a committee
in the performance of the functions under this Act.
(4) The Council may invest, in such manner as it thinks fit, funds
that the Institute does not immediately require for the performance of
the Institute’s functions.
9. The financial year of the Institute shall be the period of
twelve months ending on 31st December in each year.
10. (1) The Institute shall cause to be kept proper books of
accounts and other records relating to the Institute’s accounts.
(2) The accounts of the Institute for each financial year shall be
audited by an Auditor appointed by the Council.
(3) The Auditor’s fees shall be paid by the Institute.
11. (1) As soon as practicable, but not later than three months
after the expiry of each financial year, the Institute shall submit to
the Minister a report concerning its activities during the financial
year.
(2) The report of the Institute shall include information on the
financial affairs of the Institute and there shall be appended to the
report—
(a) an audited statement of financial position;
(b) an audited statement of comprehensive income; and
(c) such other information as the Minister may require.
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70 No. 2 of 2017] Agricultural Institute of Zambia
(3) The Minister shall, not later than thirty days after the first
sitting of the National Assembly next after the receipt of the report
referred to in subparagraph (1), lay it before the NationalAssembly.
