Engineering Institution of Zambia [ No. 17 of 2010 125
THE ENGINEERING INSTITUTION OF ZAMBIA ACT, 2010
ARRANGEMENT OF SECTIONS
PART
PRELIMINARY
Sections
Short title and commencement
Interpretation
PART II
THE ENGINEERING INSTITUTION OF ZAMBIA
Continuation of Engineering Institution of Zambia
Functions of Institution
Constitution of Institution
President and Vice President of Institution
Meetings of Institution
PART III
THE ENGINEERING COUNCIL OF THE INSTITUTION
Constitution of Engineering Council
Functions of Council
Registrar
Inspectors
PART IV
THE ENGINEERING REGISTRATION BOARD
Establishment of Engineering Registration Board
Functions of Board
PART V
MEMBERSHIP, REGISTRATION AND PRACTISING CERTIFICATES
Classes of membership
Prohibition of person practising without registration
Application for registration
Registration of engineering professionals
Prohibition of engineering organisation or engineering unit practising without
registration
Single copies of this Act may be obtainedfiom the Government Printer;
PO. Box 30136, 10101 Lusaka. Price K19,500
126 No. 17 of 2010 1 Engineering Institution of Zambia
Application for registration of engineering organisation or engineering
unit
Titles for registered engineering professional, engineering organisation, etc.
Disqualification from registration
Registration of students of engineering
Change in details
Cancellation of registration
Prohibition of practice without practising certificate
Application for practising certificate
Display of practising certificate
Fees for engineering services and works
Renewal of practising certificate
Cancellation of practising certificate
Regulations relating to practising certificates
Conditions of certificate
Prohibition of transfer of certificate
Re registration
Duplicate certificate of registration
Certificate of status
Register
Removal and restoration of name on Register
Publication of copies of Register
Appeals
Holding out as an engineering professional, engineering organisation, etc.
Enforcement notice
Offences regarding registered engineering professional, engineering
organisation, etc.
Recognition of foreign qualifications
PART VI
D ISPLINARY COMMITTEE
Code of Ethics
Professional misconduct
Engineering Institution of Zambia [ No. 17 of 2010 127
Initiation of disciplinary action
Disciplinary Committee
Functions of Disciplinary Committee
Proceedings of Disciplinary Committee
Powers of Disciplinary Committee
Reports by Disciplinary Committee
Appeals to High Court
Rules by Chief Justice
Rules relating to disciplinary proceedings
PART VII
GENERAL PROVISIONS
Jurisdiction over acts committed outside Zambia
Presumption of non registration
No execution on property of Institution
General penalty
Offences by body corporate or unincorporate body
Authority to issue guidelines
Regulations
63. Repeal of Act No. 27 of 1992
FIRST SCHEDULE
SECOND SCHEDULE
Engineering Institution of Zambia [ No. 17 of 2010 129
GOVERNMENT OF ZAMBIA
ACT
No. 17 of 2010
Date ofAssent: 13th April, 2010
An Act to continue the existence of the Engineering
Institution of Zambia; provide for the registration of
engineering professionals, engineering units and
engineering organisations and regulate their professional
conduct; repeal the Engineering Institution of Zambia Act,
1992; and provide for matters connected with, or incidental
to, the foregoing.
[16thApril, 2010
ENACTED by the Parliament of Zambia.
PART I
PRELIMINARY
This Act may be cited as the Engineering Institution of
Zambia Act, 2010, and shall come into operation on such date as
the Minister may, by statutory instrument, appoint.
In this Act, unless the context otherwise requires —
allied discipline "means a discipline determined as such by
the Council;
" appointed date " means such date as the Minister may
appoint under section one;
" Association of Consulting Engineers of Zambia " means
theAssociation representing consulting engineers;
" Board " means the Engineering Registration Board
established under section twelve;
" certificate of registration " means the certificate of
registration issued under section seventeen;
Enactment
Short title
and
commencement
Interpretation
Single copies of this Act may be obtained from the Government Printer,
P O. Box 30136, 10101 Lusaka. Price K20,000 each
130 [ No. 17 of 2010 Engineering Institution of Zambia
" Code of Ethics " means the code of professional conduct
and ethics adopted and published by the Institution;
" constitution " means the constitution of the Institution adopted
in accordance with section five;
" Council " means the Engineering Council of the Institution
constituted under section eight;
" craftsperson " means a person registered as such under
subsection (2) of section seventeen;
"Disciplinary Committee "means the Committee constituted
under section forty-eight;
" engineer " means a person with special knowledge of the
mathematical and physical sciences and the principles and
methods of engineering analysis and design, acquired by
engineering education and engineering experience;
" engineering " means the application of mathematical,
scientific and technological principles, with reference to
economics, society and the environment, to develop
solutions to technical problems, or create products, facilities
and structures that improve the quality of life;
" engineering organisation " means a statutory corporation, a
company, a firm, a partnership, an association or other body,
corporate or uncorporate, that provides a service through
the application of scientific or mathematical laws and
principles, in the design, development, utilisation,
maintenance or disposal of machines, materials,
instruments, structures, processes and operational systems,
or whose function involves the planning, designing,
processing and delivery of engineering products and
services;
" engineering professional " means an engineer, technologist,
technician or craftsperson, and "engineering profession"
shall be construed accordingly;
" engineering unit " means an operational entity of a non
engineering organisation that provides engineering services
internally, in support of the organisation's core operations
or activities;
" Fellow " means a person registered as such under the
provisions of the constitution of the Institution;
Cap. 432
Continuation
of Engineering
Institution of
Zambia
Cap. 432
Engineering Institution of Zambia No. 17 of 2010 131
Institution " means the Engineering Institution of Zambia
referred to in section three;
inspector" means a person appointed as an inspector under
section eleven;
Member " means a person registered as a Member of the
Institution in accordance with the provisions of the
constitution of the Institution, and "membership" shall be
construed accordingly;
"practising certificate" means a certificate issued under sub
section (2) of section twenty six;
" President " means the person elected President of the
Institution pursuant to section six;
professional misconduct" has the meaning assigned to it
under section forty six;
" Register " means the Register referred to under section
thirty seven;
" Registrar " means the person appointed as Registrar under
section ten;
" repealedAct " means the Engineering Institution of Zambia
Act, 1992;
" technician " means a person registered as such under
subsection (2) of section seventeen;
" technologist " means a person registered as such under
subsection (2) of section seventeen; and
" Vice President " means the person elected Vice President
of the Institution pursuant to section six.
PART II
THE ENGINEERING INSTITUTION OF ZAMBIA
3. (1) The Engineering Institution of Zambia established under
the repealed Act shall continue to exist as if established under this
Act.
(2) The Institution shall be a body corporate with perpetual
succession and a common seal, capable of suing and being sued in
its corporate name and shall, subject to the provisions of this Act,
have power to do all such acts and things as a body corporate may,
by law, do or perform.
132 No. 17 of 2010 ] Engineering Institution of Zambia
Functions of
Institution
(3) The provisions of the First Schedule apply to the Institution.
4. (1) The functions of the Institution are to—
register engineering professionals, engineering
organisations and engineering units and regulate their
professional conduct;
register students of engineering;
develop, promote, maintain and improve appropriate
standards of qualification in the engineering profession;
develop, promote and enforce internationally comparable
engineering practice standards in Zambia;
investigate allegations of professional misconduct and
impose such sanctions as may be necessary;
advise the Government on matters relating to the
engineering profession;
(g) promote the general advancement of science, engineering,
technological and allied disciplines for the improvement
of the quality of life;
(1) maintain and improve the standards of conduct and learning
of science, engineering and allied professions in Zambia;
(i) facilitate the acquisition of knowledge by engineering
professionals through the establishment of technical
libraries, and the provision of monetary grants, books,
apparatus and any other facilities necessary to achieve
this end;
U) hold meetings of the Institution for the reading and
discussion of papers for professional interest, to make
awards to authors of papers of special merit and to
arrange for other activities of interest or benefit to
engineering professionals;
(k) raise the character and status of the engineering profession
and allied disciplines, to promote honourable and good
practice and increase the confidence of the community
in those persons practising in the engineering profession
and allied disciplines;
(1) promote alternative dispute resolution mechanisms and to
serve as an arbitral institution for disputes of an
engineering nature;
Engineering Institution of Zambia [ No. 17 of 2010 133
in consultation with the Ministry responsible for education
and the Technical Education Vocational and
Entrepreneurship Training Authority, accredit
universities, technical colleges, institutions and
programmes of instruction leading to the award of
qualifications of membership classes;
investigate and monitor national emergencies or disasters
or any other matter of public concern caused by, or likely
to be caused by, an engineering product or service and
recommend appropriate preventive, rehabilitative or other
measures;
represent, protect and assist engineering professionals with
regard to their conditions of practice, remuneration or
otherwise; and
do all such other things as are necessary or incidental to
the performance of its functions under this Act.
(2) The Institution may
determine and levy fees that the Institution considers
necessary to finance its activities under this Act;
determine the fees payable for an inspection conducted
for the purposes of this Act;
determine fees for the accreditation of local and foreign
training institutions and qualifications; and
determine what portion of any fee is payable in respect of
any part of a year and the date on which the fee or
portion thereof is payable.
5. (1) The Institution shall, by a vote of at least two thirds of
the Members voting at a general meeting of the Institution, adopt a
constitution and may, in the like manner, amend it.
Subject to thisAct, the constitution shall regulate the conduct
of the affairs of the Institution.
Subject to subsection (2), the constitution shall provide for
the following matters:
(a) the meetings of the Institution, including the delivery and
sufficiency of notices of the meetings, the quorum, voting,
adjournment and other matters of procedure or conduct
of the meetings;
Constitution
of Institution
134 No. 17 of 2010 ] Engineering Institution of Zambia
President
andMee
Presidents of
Institution
Meetings of
Institution
the election, qualifications and tenure of the President
and Vice President;
the composition, functions, powers and procedures of the
committees of the Institution;
the establishment, powers and functions of the branches,
sections and regions of the Institution;
the classes of membership and their rights, privileges and
obligations; and
(7) any other matter as the membership may determine.
The Members shall elect the President and the Vice
Presidents of the Institution in accordance with the constitution.
(1) Subject to this Act, the Institution may regulate its own
procedure.
The meetings of the Institution shall be conducted in
accordance with the provisions of the constitution of the Institution.
The validity of any proceedings, act or decision of the
Institution shall not be affected by any person's absence from any
meeting of the Institution or by reason that a person not entitled to
do so took part in the proceedings.
PART III
Constitution
of Engineering
Council
THE ENGINEERING COUNCIL OF THE INSTITUTION
8. (1) There is hereby constituted the Engineering Council of
the Institution which shall be responsible for the management and
control of the affairs of the Institution.
The Council shall be elected in accordance with the provisions
of the constitution of the Institution.
The Council shall consist of the following members:
a President, who is a Fellow and previously served as a
member of the Council;
a Vice President, who is a Fellow and shall be responsible
for policy direction, public relations and matters of
national development;
a Vice President, who is a Fellow and shall be responsible
for finance and administration;
a Vice President who is a Fellow and shall be responsible
Engineering Institution of Zambia [ No. 17 of 2010 135
for matters related to membership and continuous
professional development;
(e) the immediate past President of the Council;
(0 a representative of each of the engineering professionals;
a representative of the engineering organisations,
nominated by the engineering organisations;
a representative of the engineering units, nominated by
the engineering units;
(i) two representatives of engineering students, one of which
shall be male and the other female;
U) the Chairperson of the Board; and
(k) the Chairpersons of the existing regions of the Institution.
(4) A person shall not be qualified to be elected or nominated
as a member of the Council, if the person—
has committed any professional misconduct within a period
of five years preceding the election or nomination;
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;
has not been on the Register for at least three years
preceding the election or nomination; or
has been declared to be of unsound mind under any law
(5) Amember shall, subject to the other provisions of this Act,
hold office for a term of two years and may be re elected for a
further term of two years.
Upon the expiration of the term for which a member is
elected or nominated, the member shall continue to hold office until
another member is elected or nominated, but in no case shall any
extension of the period exceed three months.
The office of a member shall be vacated —
upon the member 's death;
if the member is adjudged bankrupt;
(c) if the member is absent from three consecutive meetings
of the Council, of which the member has had notice,
without the prior approval of the Council;
136 No. 17 of 2010 1 Engineering Institution of Zambia
Functions of
Council
Registrar
upon the expiry of one month's notice of the member's
intention to resign, given by the member in writing to
the Council;
if the member becomes mentally or physically incapable
of performing duties as a member;
09 if the member is found guilty of professional misconduct;
if the member's registration is cancelled; or
if the member is convicted of an offence under this Act
or any other law
Where there is a vacancy in the membership of the Council
before the expiry of the term of office, the Council shall appoint
another person to replace the member who vacates office but that
person shall only hold office for the remainder of the term.
The President and the Vice Presidents of the Council shall
not hold a position on the Board.
(10) The provisions of the First Schedule apply to the Council.
9. The functions of the Council are to—
perform all the functions of thelnstitution;
promote an understanding of professional ethics amongst
the engineering professionals;
ensure that the rules and guidelines for professional ethics
developed by the Institution are responsive to the
expectations of business institutions, the public and those
who rely on engineering work;
participate in the development of international engineering
practice standard setting;
(e) make recommendations affecting, or relating to, the
engineering profession to the general meeting of the
Institution;
(1) register students of engineering;
promote continuing professional development among
engineering professionals; and
do all such things and acts as the Institution or Council
may do under this Act.
10. (1) The Council shall appoint a Registrar who shall be the
chief executive officer of the Institution and Secretary to the Council,
on such terms and conditions as the Council may determine.
Engineering Institution of Zambia [ No. 17 of 2010 137
The Council shall appoint a Deputy Registrar who shall assist
the Registrar in performing the Registrar's duties under this Act.
The Registrar and Deputy Registrar shall be registered
engineers.
The Registrar shall be the Secretary to the Board and to
all committees thereof.
The Council may appoint on such terms and conditions as
it may determine, such other staff as it considers necessary for the
performance of its functions under this Act.
11. (1) The Council shall appoint inspectors to ensure Inspectors
compliance with this Act.
The Council shall provide an inspector with a certificate of
appointment which shall be prima facie evidence of the inspector's
appointment as such.
An inspector shall, in performing any function under this
Act—
be in possession of the certificate of appointment referred
to under subsection (2); and
show the certificate of appointment to any person who
requests to see the certificate, is subject to an
investigation or an employee of that person.
(4) An inspector may, for the purpose of enforcing the
provisions of thisAct, at any reasonable time, without prior notice,
and on the authority of a warrant, enter any premises that the
inspector has reasonable grounds to believe is used by an engineering
professional, engineering unit or engineering organisation for the
commission of an offence or contrary to the provisions of this Act,
and—
search the premises;
search any 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:
Provided that a person shall only be searched
by a person of the same sex;
(c) take extracts from, or make copies of any book, document
or record that is on the premises and that has a bearing
on an investigation;
138 No. 17 of 2010 Engineering Institution of Zambia
Establishment
of Engineering
Registration
Board
Functions of
Board
demand the production of, and inspect, relevant
certificates; and
make such enquiries as may be necessary to ascertain
whether the provisions of this Act or other law on which
an investigation is based, have been complied with.
(5) A person who—
delays or obstructs an inspector in the performance of
the inspector's functions under this Act;
refuses to give an inspector such reasonable assistance
as the inspector may require for the purpose of
exercising the inspector's functions; or
(c) gives an inspector false or misleading information in answer
to an inquiry made by the inspector;
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.
(6) An inspector shall furnish the Council with a written report
and any other information relating to an inspection.
PART IV
THE ENGINEERING REGISTRATION BOARD
12. (1) There is hereby established the Engineering Registration
Board.
The Minister may, by statutory instrument, make regulations
to provide for the membership, tenure of office, procedure of
meetings and quorum of the Board.
The Board may, for purposes of performing its functions
under this Act, establish such other committees as the Board may
determine and may delegate to the committees any of its functions
as it considers necessary.
(4) Subject to any specific or general direction of the Board, a
committee established under this section may regulate its own
procedure.
13. Except as otherwise provided in this Act, the function of
the Board shall be to perform all the registration functions of the
Institution.
Engineering Institution of Zambia [ No. 17 of 2010 139
PART V
MEMBERSHIP REGISTRATION AND PRACTISING CERTIFICATE
14. (1) There shall be such classes of membership as shall be Classes of
provided for in the constitution of the Institution. membership
(2) Each class of membership shall have such rights, privileges
and obligations as may be prescribed in the constitution of the
Institution.
(3) A person may apply to the Institution for registration as a
Member in accordance with the provisions of the constitution of
the Institution.
(1) A person shall not practise as an engineering
professional, unless that person is registered as a Member, under
the constitution of the Institution, and as an engineering professional,
in accordance with this Act.
(2) A person 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.
(1)Aperson shall apply for registration as an engineering
professional to the Board in the prescribed manner and form upon
payment of the prescribed fee.
The Board may determine different fees for different
classes of engineering professionals.
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
therefor.
Prohibition
of person
practising
without
registration
Application
for
registration
17. (1) Upon receipt of an application under section sixteen, Registration
the Board shall issue the applicant with a certificate of registration en
of
ginseng
if the applicant— professionals
is registered as a Member in accordance with the
provisions of the constitution of the Institution;
possesses such knowledge, training and experience as
may be prescribed;
(c) holds a qualification from a training institution recognised
by the Institution;
140 No. 17 of 2010 1 Engineering Institution of Zambia
is resident in Zambia, or has an established office or
appointment in Zambia in an engineering profession or
allied discipline;
is of good character and good professional standing; and
(I) meets such other requirements as the Institution may
determine.
Prohibition of
engineering
organisation
or engineering
unit practising
without
registration
(2) The Board shall register an engineering professional as
an engineer;
a technologist;
a technician;
a craftsperson; or
(e) any other engineering professional as the Minister may,
on the recommendation of the Institution, prescribe.
(3) The Minister may, by statutory instrument, on the
recommendation of the Institution, prescribe the qualifications for
registration of a person as an engineering professional.
18. (1) An engineering organisation or engineering unit shall
not provide any engineering service or product, unless that
engineering organisation or engineering unit is registered in
accordance with this Act.
(2) An engineering organisation or engineering unit that
contravenes subsection (1) commits an offence and is liable, upon
conviction, to a fine not exceeding nine hundred thousand penalty
units.
Application 19. (1)An engineering organisation, an engineering unit or any
for
registration of other body registered under any law to provide an engineering
engineering service or product, shall apply to the Board for registration in the
orgamsation
or prescribed manner and form upon payment of the prescribed fee.
engineering
unit
(2) Upon receipt of an application under subsection (1), the
Board shall issue the applicant with a certificate of registration if
the engineering organisation or engineering unit intends to
practice in a declared field of engineering;
the engineering organisation or engineering unit has an
established office or appointment in Zambia in
engineering or an allied discipline; and
in the case of a consulting engineering organisation or
engineering unit, it is a member of the Association of
Engineering Institution of Zambia [ No. 17 of 2010 141
Consulting Engineers of Zambia and has partners who
are registered engineers with the relevant experience
as determined by the Board.
(3) The Board shall issue a certificate of registration in the
following fields of competence:
civil engineering;
electrical engineering;
geology or hydrogeology;
geomatic engineering;
(e) mechanical engineering;
(t) metallurgy;
mining;
environment engineering;
(0 agriculture engineering; or
6) any other field that the Board may determine with the
approval of the Council.
20. (1)An engineering professional, engineering organisation
or engineering unit registered under this Act, shall use the following
titles and abbreviations:
Title
Abbreviation
Registered Engineer R.Eng
Registered Technologist R.Teg
Registered Technician R.Tec
Registered Craftsperson R. Cra
Registered Engineering Organisation R.Eng.O
Registered Engineering Unit R.Eng.0
A person shall not use a title or abbreviation under
subsection (1) unless the person is registered in accordance with
this Act.
A person who contravenes subsection (2) commits an
offence and is liable, upon conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a period not
exceeding five years, or to both.
Titles for
registered
engineering
professional,
engineering
organisation,
etc.
142 No. 17 of 2010 1 Engineering Institution of Zambia
21. (1) A person shall not qualify for registration as an
engineering professional under this Act if the person —
has been convicted of an offence involving fraud or
dishonesty under this Act or any other law;
has been declared to be of unsound mind under any law
in force in Zambia;
is an undischarged bankrupt; or
has been found, by the Disciplinary Committee, to be guilty
of professional misconduct.
Registration of 22. The Institution shall register students of engineering in
studenofts
engineering accordance with the provisions of the constitution of the Institution.
Disqualification
from
registration
Changes in
detail
Cancellation
of
registration
Any person registered under this Act, shall notify the
Registrar of any change in particulars relating to the registration,
within seven days of the change.
(1) The Board shall cancel the registration of an engineering
professional, engineering organisation, engineering unit or
engineering student where—
the Board has reasonable grounds to believe that the
registration was obtained through fraud,
misrepresentation or concealment of any material fact;
the engineering professional, engineering organisation or
engineering unit is found guilty of professional
misconduct under this Act or the Code of Ethics;
the period for which the registration of the engineering
professional, engineering organisation, engineering unit
or engineering student was issued has lapsed;
the engineering professional, engineering organisation,
engineering unit or engineering student is convicted of
an offence under any law; or
(e) since the registration, circumstances have arisen
disqualifying the engineering professional, engineering
organisation, engineering unit or engineering student from
registration.
(2) The Board shall, before cancelling the registration under
subsection (1), give the engineering professional, engineering
organisation, engineering unit or engineering student an opportunity
to be heard.
Engineering Institution of Zambia [ No. 17 of 2010 143
The Board may, before cancelling the registration of an
engineering professional, engineering organisation, engineering unit
or engineering student, suspend the engineering professional,
engineering organisation, engineering unit or engineering student
for such period and on such terms and conditions as the Board
may determine.
Where the Board cancels a certificate of registration under
this section, the name of the engineering professional, engineering
organisation, engineering unit or engineering student shall not be
restored except on such conditions as may be prescribed by the
Board and upon payment of the prescribed fee.
25. (1) A person shall not practise as an engineering Prohibition
of acti seprofessional, unless that person holds a practising certificate issued without
by the Board under this Act. practising
certificate
(2) A person 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.
(1) An engineering 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, upon receipt of an application under
subsection (1) and where the application meets such requirements
as may be prescribed, issue the applicant with a practising
certificate.
A holder of a practising certificate shall display the
practising certificate in a conspicuous place at the place of practice.
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.
(1) A practising certificate shall be renewed annually in
the prescribed manner and form upon payment of the prescribed
fee.
A practising certificate that is not renewed in accordance
with subsection (1) is void.
An engineering professional who practises engineering or
provides any engineering service during any period in which a
practising certificate is void 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.
Application
for
practising
certificate
Display of
praetismg
certificate
Fees for
engineering
services and
works
Renewal of
practising
certificate
144 No. 17 of 2010 ] Engineering Institution of Zambia
Cancellation 30. (I) The Board shall cancel a practising certificate if the
of practising
certificate holder—
is found guilty of any professional misconduct;
is declared to be of unsound mind;
is an undischarged bankrupt;
contravenes the provisions of any law;
(e) obtained the practising certificate through fraud,
misrepresentation or concealment of a material fact; or
(/) commits an offence under this Act or contravenes the
Code of Ethics.
Where a certificate of registration is cancelled under this
Act, the practising certificate held by the holder of the certificate
of registration shall be void and shall be surrendered to the Board.
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 the practising certificate
of an engineering professional, suspend the holder of the practising
certificate for such period and on such terms and conditions as the
Board may determine.
Regulations 31. The Minister may, by statutory instrument, on the
relating to
practising recommendation of the Board, make regulations to provide for—
certificates
the terms and conditions for the issuance of practising
certificates;
the type of continuing 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.
Conditions 32. A certificate issued under this Part shall contain such terms
of certificate
and conditions of the certificate as the Institution may determine.
Prohibition 33. A certificate issued under this Part shall not be transferred
of transfer of
certificate to a third party
Duplicate
certificate of
registration
Certificate
of status
Register
Removal and
restoration
of name on
Register
Engineering Institution of Zambia [ No. 17 of 2010 145
Where a certificate of registration has been cancelled or Re-registration
suspended, the holder of the certificate of registration may, subject
to such terms and conditions as the Board may determine, apply
for re-registration.
(1)A person whose certificate of registration 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, upon receipt of an application under
subsection (1), issue a duplicate certificate of registration to the
applicant.
(1) A person may apply to the Registrar for a certificate
of status, containing particulars relating to the registration of an
engineering professional, engineering organisation, engineering unit
or engineering student in the prescribed manner and form and upon
payment of the prescribed fee.
(2) Upon receipt of an application under subsection (1), the
Registrar may issue a certificate of status to the applicant in the
prescribed form.
(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—
registered engineering professionals, engineering
organisations, engineering units or engineering students;
the holders of practising certificates;
the applications rejected and the reasons therefor; and
any other information as the Institution may determine.
The Register shall be kept in the custody of the Registrar
at the offices of the Institution, and shall be open for inspection by
members of the public during normal office hours upon payment of
such fee as the Institution may determine.
The Registrar may, upon application by any person, issue
to the person a certified extract from the Register or a copy of a
certificate of registration, upon payment of such fee as the Board
may determine.
38. (1) The Minister may, on the recommendation of the Board,
make regulations prescribing the circumstances and manner in which
an engineering professional, engineering organisation, engineering
unit or engineering student—
146 No. 17 of 2010 1 Engineering Institution of Zambia
may be removed from the Register; and
who is removed from the Register, may be restored on
the Register and the fee to be paid for the restoration.
Subject to subsection (1), an engineering professional,
engineering organisation, engineering unit or engineering student
who is removed from the Register ceases to be registered as an
engineering professional, engineering organisation, engineering unit
or engineering student.
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.
39. (1) The Registrar shall, on the direction of the Board, cause
copies of the Register and any alterations thereof, or additions
thereto, to be printed and published in such manner and form as the
Board may direct.
(2) Subject to this Act, a copy of the last published and printed
Register shall be evidence admissible in all legal proceedings of
what is contained in that Register and the absence of the name of
an engineering professional, engineering organisation, engineering
unit or engineering student from that copy, shall be prima fade
evidence that the engineering professional, engineering organisation,
engineering unit or engineering student is not registered.
Appeals 40. (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,
within thirty days of receiving the decision, appeal to the High Court.
41. (1) A person shall not, unless the person is registered as
an engineering professional, engineering organisation or engineering
unit under this Act—
practice as, be employed as, offer engineering services,
be engaged as an agent of, or hold out to be, an
engineering professional, engineering organisation or
engineering unit;
adopt, use or exhibit the titles " registered engineering
organisation," " registered engineering unit "," registered
engineer", " registered technologist ", "registered
technician," "registered craftsperson" or any other title
or abbreviation of like description; or
Publication
of copies of
Register.
Holding out
as an
engineering
professional,
engineering
organisation,
etc.
Engineering Institution of Zambia [ No. 17 of 2010 147
(c) do anything likely to lead persons to infer that the person
is a registered engineering professional, engineering
organisation or engineering unit.
A person or body corporate shall not offer employment to
a person requiring registration under this Act.
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.
An engineering professional, engineering organisation or
engineering unit shall not permit the engineering professional's,
engineering organisation's or engineering unit's name to be used
by a person who is not a registered engineering professional,
engineering organisation or engineering unit.
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.
(6) Where an engineering organisation or engineering unit
commits an act which if done by an individual would be an offence
under subsection (3), every partner in that organisation or unit shall
be deemed to have committed the offence unless the partner proves
that the offence was committed without the partner's knowledge
or consent.
42. (1) The Board may, where an engineering organisation or Enforcement
engineering unit is being operated in contravention of this Act, by notice
notice served on the engineering organisation or engineering unit,
direct it to take, within such period as may be specified in the
notice, such measures or steps as the Board may direct.
The Board shall, within seven days after serving the notice
referred to in subsection (1), publish the notice in a daily newspaper
of general circulation in Zambia.
Where the engineering organisation or engineering unit fails,
without reasonable cause, to comply with an enforcement notice
issued under subsection (1), the Board may suspend or cancel the
certificate of registration of the engineering organisation or
engineering unit issued under section seventeen.
Offences
regarding
regtstered
engmeeTing
professional,
etkfiin,eriW
organisation,
etc.
Recognition
of foreign
qualifications
148 No. 17 of 2010 ] Engineering Institution of Zambia
43. (1) A person shall not —
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 or a certificate of registration or other
certificate issued under this Act;
impersonate or use the title of a registered engineering
professional, engineering organisation or engineering unit
while not registered as such under this Act;
procure, or attempt to procure, registration under this Act,
by fraud, misrepresentation or the concealment of a
material fact; or
forge a certificate of registration or other certificate issued
under this Act.
(2) A person 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.
44. (1) The Minister may, on the recommendation of the
Institution, by statutory instrument, recognise any local and foreign
qualifications accredited by the Institution for purposes of registration
under this Act.
(2) The Institution may register a person as an engineering
professional under subsection (2) of section seventeen, who is not
a citizen of Zambia or is not practising or working as an engineering
professional in Zambia prior to the application, if that person—
is engaged to work as an engineering professional in
Zambia under an international agreement entered into
by the Government of the Republic of Zambia; or
undertakes such number of courses as the Institution may
determine and passes the final examination for the courses.
(3) Notwithstanding anything to the contrary in the Immigration
Cap. 123 and DeportationAct, an immigration officer shall not, without the
approval of the Institution, issue an employment or entry permit to
a person who intends to practise, or be employed, as an engineering
professional in Zambia.
(4) A person who contravenes this section 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.
Engineering Institution of Zambia [ No. 17 of 2010 149
PART VI
DISCIPLINARY COMMITTEE
The Council shall adopt and publish a Code of Ethics for
engineering professionals, engineering organisations and engineering
units which shall bind all engineering professionals, engineering
organisations and engineering units regulated under this Act.
An engineering professional, engineering organisation or
engineering unit commits professional misconduct if the engineering
professional, engineering organisation or engineering unit —
contravenes the provisions of this Act;
unlawfully discloses or uses to the advantage of the
engineering professional, engineering organisation or
engineering unit any information acquired in the practise
of the engineering professional, engineering organisation
or engineering unit;
engages in conduct that is dishonest, fraudulent or deceitful;
commits an offence under any other law;
engages in any conduct that is prejudicial to the engineering
profession or is likely to bring it into disrepute; or
breaches the Code of Ethics or encourages another
engineering professional, engineering organisation or
engineering unit to breach or disregard the principles of
the Code of Ethics.
47. (1) A person may lodge a complaint with the Disciplinary
Committee against an engineering professional, engineering organisation
or engineering unit where the person alleges that the engineering
professional, engineering organisation or engineering unit has contravened
the Code of Ethics or any provision of this Act.
The Institution may initiate disciplinary action under this
section where it has reasonable grounds to believe that an
engineering professional, engineering organisation or engineering
unit has contravened the Code of Ethics or any provision of this
Act.
A complaint or allegation shall be made to the Registrar n
the prescribed manner and form.
48. (1) The Institution shall establish a Disciplinary Committee
which shall comprise the following members:
Code of
Ethics
Professional
misconduct
Ethics.
Initiation of
disciplinary
action
Disciplinary
Committee
150 No. 17 of 2010 ] Engineering Institution of Zambia
Functions of
Disciplinary
Committee
a Chairperson;
a Vice Chairperson;
the President of the Council; and
five registered Members who are not members of the
Council, elected at a general meeting of the Institution.
The Chairperson and Vice Chairperson of the Disciplinary
Committee shall be legal practitioners qualified to hold, or who
have held, high judicial office.
A person shall not be appointed as a member of the
Disciplinary Committee if the person—
has committed or been convicted of any professional
misconduct;
is in lawful custody or the person's freedom of movement
is restricted under any law in force within or outside
Zambia;
has been convicted of an offence under any law; or
is declared to be of unsound mind under any written law.
A member of the Disciplinary Committee shall hold office
for three years and may be appointed for a further term of three
years.
A member of the Disciplinary Committee shall not serve
for more than two terms.
(6) The Chairperson, or in the absence of the Chairperson, the
Vice Chairperson, shall preside at every meeting and sitting of the
Disciplinary Committee.
49. (1) The functions of the Disciplinary Committee are to
hear and determine—
any disciplinary action initiated by the Institution against
an engineering professional, engineering organisation or
engineering unit that has contravened any provision of
the Code of Ethics or any provision of this Act; or
any complaint or allegation made by any person against
an engineering professional, engineering organisation
or engineering unit.
(2) The Disciplinary Committee may publicise, as it may
consider appropriate, the facts relating to any engineering
Engineering Institution of Zambia [ No. 17 of 2010 151
professional, engineering organisation or engineering unit that is
found guilty of, and punished for, professional misconduct.
50. (1) Five members of the Disciplinary Committee shall form
a quorum.
Any 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.
All proceedings of the Disciplinary Committee shall be in
camera.
The Disciplinary Committee shall cause to be kept a record
of its proceedings.
A party to a hearing of the Disciplinary Committee may
be represented by a legal practitioner or, if the party so elects, by
any other person or in person.
A decision of the Disciplinary Committee shall be in the
form of a reasoned judgment and a copy thereof shall be supplied
to each party to the proceedings and to every person affected by
the decision.
If a person is present at a meeting of the Disciplinary
Committee at which any matter is the subject of consideration,
and in which matter the person or that person's spouse is directly
or indirectly interested in a private capacity, that person shall, as
soon as is practicable after the commencement of the meeting,
disclose the interest and shall not, unless the Disciplinary Committee
otherwise directs, take part in any consideration or discussion of,
or vote on, any 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.
51. (1) The Disciplinary Committee may, for the purposes of
any hearing, hear and receive evidence and may, under the hand
of the Chairperson of the Disciplinary Committee or the Registrar,
summon witnesses and require the production of any book, record,
document, electronic record or anything required for the purposes
of the proceeding, and may through the Chairperson or Vice
Chairperson of the Disciplinary Committee administer an oath to
any witness.
Proceedings
of
Disciplinary
Committee
Powers of
Disciplinary
Committee
152 No. 17 of 2010 ] Engineering Institution of Zambia
Cap. 87
(2) A person summoned to attend before the Disciplinary
Committee who, without sufficient cause—
refuses or fails to attend at the time and place specified in
the summons or, having attended, leaves without the
permission of the Disciplinary Committee;
having attended, refuses to be sworn or to affirm;
refuses, without lawful excuse, to answer fully and
satisfactorily to the best of that person's knowledge and
belief, any question lawfully put to that person; or
refuses to produce any book, record, document or thing
which that person has been required by summons to
produce;
commits an offence and is liable, upon conviction, for every such
refusal or failure, to a fine not exceeding twenty thousand penalty
units.
(3) A person shall not be compelled to answer any question or
produce any 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.
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.
Where the Disciplinary Committee, after due inquiry, finds
an engineering professional, engineering organisation or engineering
unit guilty of professional misconduct, it may impose one or more
of the following penalties:
order the cancellation of a practising certificate or
certificate of registration of the engineering professional,
engineering organisation or engineering unit, or modify
the fields of speciality in which the engineering
professional, engineering organisation or engineering unit
may practise;
censure the engineering professional, engineering
organisation or engineering unit;
caution the engineering professional, engineering
organisation or engineering unit;
impose a fine, not exceeding three hundred thousand
penalty units to be paid to the Institution;
Engineering Institution of Zambia [ No. 17 of 2010 153
(e) order the engineering professional, engineering organisation
or engineering unit to pay to the Institution or to any
other party to the hearing, any costs of, or incidental to,
the proceedings;
09 order the engineering professional, engineering organisation
or engineering unit to pay any party to the hearing or
other person, as restitution, the amount of loss caused
by that person's negligence; or
(g) impose any reasonable conditions for the suspension, for
a period not exceeding one year, of the certificate of
registration or practising certificate of the engineering
professional, engineering organisation or engineering unit.
In any hearing before the Disciplinary Committee, any
finding of fact which is shown to have been made by any court in
Zambia shall be conclusive evidence of the fact so found.
The Disciplinary Committee shall, where it has reasonable
cause to believe that an engineering professional is, or has become
mentally unsound to the extent that the continued practising by the
engineering professional is prejudicial to public interest, refer the
matter for determination by a medical doctor.
The Disciplinary Committee shall, where a medical doctor
determines that an engineering professional is of unsound mind,
suspend the practising certificate of the engineering professional.
The Disciplinary Committee shall, where after due inquiry,
it finds an engineering professional, engineering organisation or
engineering unit not guilty of professional misconduct, record a
finding that the engineering professional, engineering organisation
or engineering unit is not guilty of such conduct in respect of matters
of which the charge relates.
(10) The Disciplinary Committee may, for the purpose of any
proceedings use such assessors or experts as it may determine.
The Disciplinary Committee shall, as soon as practicable
after the completion of each hearing, submit to the Council a report
of the proceedings together with a copy of the record.
(1)Aperson aggrieved with a decision of the Disciplinary
Committee may, within thirty days of receiving the decision, appeal
to the High Court.
(2) The Institution shall be the respondent on any appeal under
this section.
Reports by
Disciplinary
Committee
Appeals to
High Court
154 No. 17 of 2010 Engineering Institution of Zambia
Rules by
Chief Justice
Rules
relating to
disciplinary
proceedings
A decision of the Disciplinary Committee under this Part
shall not take effect until the expiration of the time for lodging an
appeal against the decision or, if an appeal is lodged, until the time
the appeal is disposed of, withdrawn or struck out for want of
prosecution, as the case may be.
The High Court may, on any appeal under this section—
confirm, vary or set aside any finding made, penalty
imposed or direction given by the Disciplinary
Committee;
remit the matter to the Disciplinary Committee for further
consideration in accordance with such directions as the
High Court may give; or
(c) make such other order as to costs or otherwise as it
considers appropriate.
(5) Proceedings of the Disciplinary Committee shall not be set
aside by reason only of some irregularity in those proceedings if
such irregularity did not occasion a substantial miscarriage of justice.
The Chief Justice may, by statutory instrument, make rules
regulating appeals to the High Court under this Part.
(1) The Chief Justice may, by statutory instrument, on the
recommendation of the Council, make rules relating to—
the manner and form for lodging of complaints under this
Part;
the mode of summoning persons before the Disciplinary
Committee;
the form and manner of service of a summons requiring
the attendance of a witness before the Disciplinary
Committee and the production of any book, record,
document or thing;
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, in particular, provide—
(a) that before any matters are referred to the Disciplinary
Committee they shall, in such manner as may be provided
by the rules, have been brought before, and investigated
by, the Institution in this respect;
Engineering Institution of Zambia [ No. 17 of 2010 155
for securing notices for the proceedings and specifying
the time and manner of the proceedings; and
for securing that any party to the proceedings shall, if that
person requires, be entitled to be heard by the Disciplinary
Committee.
PART VII
GENERAL PROVISIONS
56. (I )Acourt of competent jurisdiction shall have jurisdiction
over engineering professionals, engineering organisations or
engineering units for any act committed outside Zambia which, if it
had been committed in Zambia, would have been an offence or
professional misconduct under thisAct.
Any proceedings against an engineering professional,
engineering organisation or engineering unit under this section which
would be a bar to subsequent proceedings against the engineering
professional, engineering organisation or engineering unit, for the
same offence, if the offence had been committed in Zambia, shall
be a bar to further proceedings against the engineering professional,
engineering organisation or engineering unit under any written law
relating to the extradition of persons, in respect of the same offence
outside Zambia.
Jurisdiction
over acts
committed
outside
Zambia
The Mutual LegalAssistance in Criminal Matters Act shall Cap. 98
apply to proceedings under this Act.
57. In any criminal proceedings against an engineering
professional, engineering organisation or engineering unit upon a
charge of having performed an act which constitutes an offence if
performed by an unregistered engineering professional, engineering
organisation or engineering unit, the engineering professional,
engineering organisation or engineering unit charged shall be
presumed to be unregistered unless that engineering professional,
engineering organisation or engineering unit proves the contrary
Notwithstanding anything to the contrary contained in any
written law, where a judgment or order has been obtained against
the Institution, no execution or attachment, or process of any nature,
shall be issued against the Institution or against the property of the
Institution, but the Registrar shall cause to be paid out of the revenue
of the Institution such amount as may, by the judgment or order, be
awarded against the Institution to the person entitled to the amount.
No execution
on
of
property
Institution
Aperson who contravenes a provision of thisAct for which General
penaltya specific penalty is not provided, is liable, upon conviction, to a fine
Presumption
of non-
registration
156 No. 17 of 2010 Engineering Institution of Zambia
Offences by
body
corporate or
unincorporate
body
not exceeding one hundred thousand penalty units or to imprisonment
for a period not exceeding one year, or to both.
60. Where an offence under this Act is committed by a body
corporate or an unincorporate body, every director or manager of
the body corporate or an unincorporate body shall be liable, upon
conviction, as if the director or manager had personally committed
the offence, unless the director or manager proves to the satisfaction
of the court that the act constituting the offence was done without
the knowledge, consent or connivance of the director or manager
or that the director or manager took reasonable steps to prevent
the commission of the offence.
Authority to 61. (1) In the exercise of its functions under this Act, the
issue
guidelines
Institution may issue such guidelines as are necessary for the better
carrying out of the provisions of this Act.
The Institution shall publish the guidelines issued under this
Act in a daily newspaper of general circulation in Zambia, and the
guidelines shall not take effect until they are so published.
The guidelines issued by the Institution under this Act shall
bind all persons regulated under this Act.
Regulations
62. (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) Notwithstanding the generality of subsection (1), regulations
under that subsection may make provision for—
the forms, fees payable and the procedure for applications
to be made under this Act;
the information and documents to be submitted in support
of applications to be made under this Act;
the form and the particulars to be entered on the Register;
the form of the certificate of registration and the conditions
under which the certificate of registration is issued;
(e) the form of the practising certificate and the conditions
under which the practising certificate is issued;
(0 the qualifications for registration of an engineering
Engineering Institution of Zambia [ No. 17 of 2010 157
professional, engineering organisation, engineering unit
or engineering student;
the requirements and conditions for the recognition of
local and foreign qualifications accredited by the
Institution for purposes of registration under thisAct;
the composition, functions, powers and procedures of a
committee established under this Act;
(0 the regulation of powers exercisable by the Council, its
committees and bodies of the Institution;
0) the code of conduct to which all Members of the Institution
shall subscribe, the continuous professional development
and ethics for engineering professionals, engineering
organisations and engineering units;
(k) the fixing of fees for professional services and any other
fees which are required to be prescribed; and
(I generally, the carrying into effect of the purposes of this
Act.
63. (1) The Engineering Institution of Zambia Act, 1992, is
hereby repealed.
Notwithstanding subsection (1), the provisions of the Second
Schedule shall apply in respect of the matters specified therein.
Notwithstanding subsection (1), a person who immediately
before the appointed date, held office as a member of the Institution,
Council or Board shall hold office as a member of the Institution,
Council or Board for a period of three months after which the
person shall be appointed or elected in accordance with the
provisions of thisAct.
(4) After the appointed date, an engineering professional,
engineering organisation or engineering unit registered under the
repealed Act shall continue to practise as an engineering Cap. 432
professional, engineering organisation or engineering unit for a period
of twelve months, after which the engineering professional,
engineering organisation or engineering unit shall apply for
registration in accordance with the provisions of this Act.
Repeal of
Act No. 27
of 1992
Cap. 432
158 No. 17 of 2010 ] Engineering Institution of Zambia
Seal of
Institution
Proceedings
of Council
FIRST SCHEDULE
(Sections 3 and 8)
PART I
ADMINISTRATION OF INSTITUTION
1. (1) The Seal of the Institution shall be such device as may
be determined by the Council and shall be kept by the Registrar.
The President or a Vice President, the Registrar or any
other person authorised by a resolution of the Council to so act,
shall authenticate the affixing of the seal.
Where a contract or instrument is not required to be under
seal, the Registrar or a person authorised by the Council in that
behalf, may execute the contract or instrument on behalf of the
Council without seal.
(4) A document purporting to be a document under the seal of
the 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. (1) Subject to the other provisions of this Act, the Council
may regulate its own procedure.
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.
Upon giving notice of not less than fourteen days, a meeting
of the Council may be called by the President and shall be called if
not less than one third of the members so request in writing:
Provided that 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.
One half of the members of the Council shall form a quorum.
There shall preside at a meeting of the Council—
the President;
in the absence of the President, a Vice President; or
(c) in the absence of the President and the Vice Presidents, a
member of the Council as the members present may
elect from amongst themselves for the purpose of that
meeting.
Engineering Institution of Zambia [ No. 17 of 2010 159
A decision 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.
Where a member is for any reason unable to attend a
meeting of the Council, the member may, in writing, nominate
another person from the same organisation to attend the meeting in
that member 's stead and such person shall be deemed to be a
member for the purpose of that meeting.
The Council may invite any person whose presence, in its
opinion, is desirable to attend and participate in the deliberations of
a meeting of the Council, but that person shall have no vote.
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.
(10) 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 Committees
functions under this Act, constitute a committee and delegate to
the committee such functions of the Council as it considers necessary
The Council may appoint as members of a committee
constituted under sub paragraph (1), persons who are, or are not,
members of the Council and such persons shall hold office for
such period as the Council may determine.
Subject to any specific or general direction of the Council,
any committee constituted under this paragraph may regulate its
own procedure.
4. A member of the Council or Board, or any committee Allowances
thereof, shall be paid such allowances as the Council may, with the
approval of the Minister, determine.
5. (1) If any person is present at a meeting of the Council, or Disclosure
a committee of the Council, at which any matter, in which that of interest
person or any member of the person's immediate family is directly
or indirectly interested in a private capacity, is the subject of
consideration, that person shall, as soon as practicable after the
commencement of the meeting, disclose that interest and shall not,
160 No. 17 of 2010 ] Engineering Institution of Zambia
Prohibition
of
publication
of, or
disclosure of
information
to
unauthorised
persons
Immunity of
member and
staff
Funds of
Institution
unless the Council or the committee 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 Council, publish or disclose to any unauthorised
person, otherwise than in the course of that person's duties, the
contents of any document, communication or information
whatsoever, which relates to, and which has come to that person's
knowledge in the course of that person's duties under this Act.
A person who contravenes sub-paragraph (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.
A person who, having information which to the knowledge
of that person has been published or disclosed in contravention of
sub-paragraph (1), unlawfully publishes or communicates the
information to any other 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 Council, for or in respect of any act or
thing done or omitted to be done in good faith in the exercise or
performance, or purported exercise or performance, of any of the
powers, functions or duties conferred under this Act.
PART II
FINANCIAL PROVISIONS
8. (1) The funds of the Institution shall consist of such moneys
as may
be appropriated by Parliament;
be paid to the Institution by way of fees, levy, grants or
donations; or
(e) Vest in or accrue to the Institution.
Engineering Institution of Zambia No. 17 of 2010 161
(2) The Institution may—
accept moneys by way of grants or donations, subject to
the approval of the Minister, from any source outside
Zambia;
raise by way of loans or otherwise, moneys as the
Institution may require for the discharge of the
Institution's functions; or
(c) in accordance with the regulations made under this Act,
charge and collect fees for services provided by the
Institution.
(3) There shall be paid from the funds of the Institution—
the salaries, allowances and loans of members of staff of
the Institution;
reasonable travelling, transport and subsistence allowances
for members of the Council or Board, or any committee
thereof, when engaged in the business of the Institution,
at rates as the Council may, with the approval of the
Minister, determine; and
(c) any other expenses incurred by the Council or Board, or
any committee thereof, in the performance of the
Institution's functions.
(4) The Council may invest, in such manner as the Council
thinks fit, funds that the Institution shall not immediately require for
the performance of the Institution's functions.
The financial year of the Institution shall be the period of Financial
twelve months ending on 31st December in each year. year
(1) The Institution shall cause to be kept proper books of Accounts
accounts and other records relating to the Institution's accounts. and audit
The accounts of the Institution for each financial year shall
be audited by theAuditor-General or such independent auditors as
the Auditor-General may approve.
The Institution shall, not later than six months after the end
of each financial year of the Institution, submit to the Minister a
report of its activities together with a copy of its audited accounts
for that financial year, and the Minister shall not later than fourteen
days after the first sifting of the National Assembly next after the
receipt of the report, lay it before the National Assembly.
162 No. 17 of 2010 ] Engineering Institution of Zambia
SECOND SCHEDULE
(Section 63 (2))
SAVINGS AND TRANSITIONAL PROVISIONS
Definition 1. In this Schedule "former Institution" means the Institution
Cap. 432 established under the repealed Act.
Staff of 2. (1) For the avoidance of doubt, a person who, before the
Institution
commencement of this Act, was an employee of the former
Institution, shall continue to be an employee of the Institution as if
employed under this Act.
The service of the persons referred to in sub-paragraph
(1) shall be treated as continuous service.
Nothing in this Act, affects the rights and liabilities of any
employee employed by the former Institution before the
commencement of this Act.
3. (1) On or after the appointed date, there shall be transferred
to, vest in and subsist against the Institution by virtue of this Act
and without further assurance, all assets, rights and obligations which
immediately before that date were the assets, rights, liabilities and
obligations of the former Institution.
(2) Subject to subparagraph(1), every deed, bond and
agreement, other than an agreement for personnel service, to which
the former Institution, was a party immediately before the
commencement of this Act, whether or not of such a nature that
rights, liabilities and obligations could be assigned, shall unless its
subject matter or terms make it impossible that it should have effect
as modified, as provided under this paragraph, have effect as if —
the Institution, had been party to it;
for any reference to the former Institution there was
substituted, with respect to anything falling to be done
on or after the appointed date, a reference to the
Institution; or
(c) for any reference to any officer of the former Institution
not being a party to it and beneficially interested, there
were substituted, as respects anything falling to be done
on or after the appointed date, a reference to such officer
of the Institution, as the Institution shall designate.
(3) Where under this Act, any assets, rights, liabilities and
obligations of the former Institution, are deemed to be transferred
Transfer of
assets and
liabilities
Engineering Institution of Zambia [ No. 17 of 2010 163
to the Institution, in respect of which transfer a written law provides
for registration, the Institution shall make an application in writing
to the appropriate registration authority for registration of the
transfer.
5 (4) The registration authority, referred to in sub-paragraph (3),
shall make such entries in the appropriate register as shall give
effect to the transfer and, where applicable, issue to the transferee
concerned a certificate of title in respect of the property or make
necessary amendments to the register and shall endorse the deeds
10 relating to the title, right or obligation concerned and no registration
fees or other duties shall be payable in respect of the transaction.
4. (1) Any legal proceedings pending immediately before the
appointed date by or against the former Institution, may be continued
by or against the Institution.
15 (2) After the commencement of this Act, proceedings in respect
of any right, liability or obligation which was vested in, held, enjoyed,
incurred or suffered by the former Institution, may be instituted by
or against the Institution.
Legal
proceedings
