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Apprenticeship Act, 1964

This section says the Act may be cited as the Apprenticeship Act. This section defines key terms used in the Act, including apprentice, Controller, designated trade, employer, guardian, industry, inspector, minor, and…

appealsapprentice eligibilityapprenticeshipapprenticeship administrationapprenticeship conditionsapprenticeship contractsapprenticeship regulationsapprenticeshipscompliancecontract modificationcontract registrationcontract rescissioncontract transferdisciplinary suspensioneducational workemployee trainingemployer liabilityemployer recordsemployment complianceemployment recordsemployment relationsemployment-definitionsexemptionsgovernancegovernment appointmentsgovernment decision-makinginformation handlinginspectionslegislation titlemanager liabilityministerial noticesministerial powerminor employmentpenaltiesrecord correctionregistrationregulatory permissionstudent worksuspensiontrade designationtrainingtraining conditionswage paymentworkforce complianceworkplace inspectionworkplace notices
Jurisdiction
Zambia
Structure
24 provisions
Citation
Act 36 of 1964
Dates
As at 31 Dec 1996
More statute details
Dates
As at 31 Dec 1996

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01

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“This section says the Act may be cited as the Apprenticeship Act.”

This section says the Act may be cited as the Apprenticeship Act. This section defines key terms used in the Act, including apprentice, Controller, designated trade, employer, guardian, industry, inspector, minor, and trade. This Act does not apply to several kinds of trainees and education-related work. A Controller of Apprenticeship must carry out the duties and powers given by the Act, under the Minister’s directions. The Minister may designate public officers by Gazette notice, and the Controller may authorise designated officers to act for the Controller. The Minister may use a statutory notice to designate certain trades, define them, and later vary or revoke the designation.

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Source record from zambialii.org · As at 31 Dec 1996

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Showing 24 of 24 provisions

Provision 11Amendment 5Offence 3Interpretation 2
§ 1Short title ........................................................................................................................................................................................................... 1Short title

This section says the Act may be cited as the Apprenticeship Act.

1. Short title This Act may be cited as the Apprenticeship Act.
Section 1Verify source
§ 2Interpretation .................................................................................................................................................................................................... 1Interpretation

This section defines key terms used in the Act, including apprentice, Controller, designated trade, employer, guardian, industry, inspector, minor, and trade.

2. Interpretation In this Act, unless the context otherwise requires— "apprentice" means any person employed under a contract of apprenticeship registered under section twelve or fourteen; "Controller" means the Controller of Apprenticeship appointed in pursuance of section seven; "designated trade" means any trade designated under subsection (1) of section eight, or, if the Minister has defined any such trade under paragraph (b) or subsection (1) of section eight, such trade as so defined; "employer" means any person who employs any apprentice or who employs or provides work for any minor in any designated trade; "guardian" includes, in the case of a minor who has no guardian, or who has no guardian who is able to assist him, a person who, with the approval of the Controller, acts as or in the place of the guardian of the minor; "industry" includes any class of undertaking and any section or portion of an industry and any group of industries; "inspector" means an inspector appointed under section twenty; "minor" means any person under the age of twenty-one years; "trade" includes any branch of a trade and any group of trades or branches of trades.
Section 2Verify source
§ 3Application of Act ........................................................................................................................................................................................... 1Provision

This Act does not apply to several kinds of trainees and education-related work.

3. Application of Act (1) This Act shall not apply to— (a) any student at a university, university college, technical college or school, specified by the Minister, who works in a designated trade during vacations in order to obtain practical experience; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 1 Apprenticeship Act, 1964 (Chapter 275) Zambia (b) work performed in or in connection with any educational institution approved by the Minister, as part of the education or training of the persons performing it; (c) any person who, having obtained a diploma or degree of a university, university college or technical college, works in a designated trade in order to obtain practical experience; (d) any person who is working in a designated trade as a part of his training as a pupil engineer.
Section 3Verify source
§ 7Controller of Apprentice-ship ...................................................................................................................................................................... 2Interpretation

A Controller of Apprenticeship must carry out the duties and powers given by the Act, under the Minister’s directions. The Minister may designate public officers by Gazette notice, and the Controller may authorise designated officers to act for the Controller.

7. Controller of Apprentice-ship (1) The shall be a Controller of Apprenticeship who shall be a public officer and who shall, subject to the directions of the Minister, exercise the powers conferred and carry out the duties imposed on the Controller by this Act or any other law and perform such other duties as the Minister may from time to time assign to him. (2) The Minister may, by Gazette notice, designate such number of public officers as he deems necessary for the purpose of carrying out the provisions of this Act, and the Controller may authorise any officer so designated to perform, subject to his directions, any act which may lawfully be performed by the Controller. (3) The provisions of the Interpretation and General Provisions Act shall apply to the power of designation under this section as it applies to the power of appointment under any written law. [Cap. 2]
Section 7Verify source
§ 8Designation of trades .................................................................................................................................................................................... 2Provision

The Minister may use a statutory notice to designate certain trades, define them, and later vary or revoke the designation.

8. Designation of trades (1) The Minister may, by statutory notice— (a) designate any trade included in an industry as a trade in respect of which the provisions of this Act shall apply; (b) define such trade by reference to the work performed therein, the operations of which it is composed or the type or class of premises upon which the work or operations are performed. (2) The Minister may, by statutory notice, vary or revoke any designation made in pursuance of the provisions of subsection (1).
Section 8Verify source
§ 9Penalty for employing minors contrary to Act ..................................................................................................................................... 2Offence

Employers generally cannot keep an apprentice-eligible minor in a designated trade for more than six months without the Controller’s written permission, and employers must notify the Controller within seven days of the employment. A person dissatisfied with refusal can appeal to the Minister within one month.

9. Penalty for employing minors contrary to Act (1) No person shall, without the written permission of the Controller, employ in a designated trade any minor who is eligible for service as an apprentice under this Act for a longer period than six months, or for a period which, when added to any period or periods during which such minor has been employed in a trade, exceeds six months, unless a contract of apprenticeship has been entered into in accordance with this Act: Provided that any employer of an eligible minor shall inform the Controller of the employment of such person within seven days from the date of his employment. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 2 Apprenticeship Act, 1964 (Chapter 275) Zambia (2) The permission of the Controller under subsection (1) may be given in respect of any individual minor or any class of minors or in respect of all minors employed in any particular class of work. (3) Any person dissatisfied with the refusal of the Controller to grant permission under this section may appeal to the Minister within one month of the date on which the decision of the Controller is communicated to him.
Section 9Verify source
§ 10Enticement to leave employment illegal ............................................................................................................................................ 3Amendment

It is illegal for any person to pressure an apprentice to break an apprenticeship contract, or to persuade or entice a known apprentice minor to take employment.

10. Enticement to leave employment illegal Any person who— (a) forces or persuades or endeavours to force or persuade any apprentice to break his contract of apprenticeship; or (b) knowing a minor to be an apprentice, persuades or entices such minor to enter his employment; shall be guilty of an offence and liable to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding six months, or to both. [As amended by Act No. 13 of 1994]
Section 10Verify source
§ 11Who may bind himself as apprentice ................................................................................................................................................... 3Provision

A person may become an apprentice in a designated trade if the stated qualifications are met; minors need a guardian’s help, and non-minors need the Controller’s consent.

11. Who may bind himself as apprentice (1) Any person may, subject to and in accordance with the provisions of this Act, bind himself as an apprentice in any designated trade, if he— (a) has the qualifications prescribed in respect of the designated trade concerned; (b) has obtained a certificate of physical fitness, appropriate to the needs of the designated trade concerned in the prescribed form; (c) has attained the age prescribed in respect of the designated trade concerned; and (d) is not required by law to attend any school. (2) If any such person is a minor he shall be assisted by his guardian and, if he is not a minor, he shall not so bind himself, except with the consent of the Controller. (3) Any minor may so bind himself as to complete the period of apprenticeship prescribed in respect of the designated trade concerned, after his majority.
Section 11Verify source
§ 12Registration of contracts of apprenticeship ........................................................................................................................................ 3Commencement

An apprenticeship contract in a designated trade is not binding unless it is in the prescribed form, written, signed as required, and registered by the Controller. The employer must lodge it for registration within one month after it is entered into.

12. Registration of contracts of apprenticeship (1) No contract of apprenticeship in a designated trade made after the commencement of this Act shall be binding unless— (a) it is in the prescribed form; (b) at the time it was entered into it was reduced to writing; (c) it has been signed by or on behalf of the employer, and by the apprentice, and, in the case of a minor, by his guardian; and (d) it has been registered by the Controller. (2) The employer shall lodge the contract in the prescribed manner and within one month after the date on which it was entered into with the Controller for registration.
Section 12Verify source
§ 13Refusal to register contract of apprenticeship .................................................................................................................................. 3Provision

The Controller may refuse to register an apprenticeship contract if it is not in the apprentice’s interests. A dissatisfied party may appeal to the Minister within one month after the refusal is communicated.

13. Refusal to register contract of apprenticeship (1) Subject to the provisions of section fourteen, the Controller may refuse to register a contract of apprenticeship if in his opinion it is not in the interests of the apprentice to enter into such contract, and he may in reaching a decision have regard, in addition to any other circumstances, to By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 3 Apprenticeship Act, 1964 (Chapter 275) Zambia the prospects of the apprentice obtaining employment in the trade concerned at the expiry of the contract. (2) Any party to a contract of apprenticeship who is dissatisfied with the refusal of the Controller to register such contract may appeal to the Minister within one month of the date on which the decision of the Controller is communicated to him.
Section 13Verify source
§ 14Existing contract of apprenticeship ....................................................................................................................................................... 4Provision

For a designated trade, the employer must register certain apprenticeship contracts with the Controller within the stated time limits, and the Controller must register them.

14. Existing contract of apprenticeship Whenever a trade is designated by the Minister, the following provisions shall apply in respect of any minor employed in that trade: (a) if on the date of the designation the minor is employed under a written contract of apprenticeship entered into before the date of designation— (i) (ii) the employer shall lodge the contract in the prescribed manner within four months after the date of designation with the Controller for registration; and the Controller shall register the contract and the provisions of this Act shall apply in respect of the contract or of the minor concerned while he is employed under the contract and for the unexpired period thereof; (b) if on the date of the designation the minor has been employed in that trade continuously during a period of not less than three months immediately before the date of designation without a written contract of apprenticeship, and enters within two months after the date of designation into such a contract with his employer in accordance with the provisions of this Act and with the conditions of apprenticeship applicable to that trade and as nearly as possible in the prescribed form— (i) (ii) the employer shall lodge the contract within one month after the date upon which it was entered into with the Controller for registration; and the Controller shall register the contract, and the period during which the minor was employed without a written contract of apprenticeship, or any part thereof, may, with the approval of the Controller, be reckoned as part of the period of apprenticeship prescribed in respect of that trade.
Section 14Verify source
§ 15Transfer of contracts .................................................................................................................................................................................... 4Provision

The Controller controls transfers of apprenticeship contracts, and transfers are not complete until registered.

15. Transfer of contracts (1) With the consent of the Controller, the rights and obligations of any employer under any contract of apprenticeship may be transferred to any person. (2) Subject to the provisions of subsection (4), no such transfer shall be complete until it has been registered by the Controller. (3) The Controller may refuse to register any transfer which, in his opinion, is not in the interest of the apprentice, and shall refuse to register such transfer if the apprentice has not declared his acceptance of such transfer. (4) If any person is apprenticed to a partnership, his contract of apprenticeship shall not be terminated by reason of the death of retirement of any partner if the business of the partnership is continued by another person or partnership; and the rights and obligations of the employer under the contract shall be deemed to be transferred to the person or partnership continuing the business. (5) Where any person is apprenticed to an individual, a partnership or a company and— (a) such individual dies or is adjudged bankrupt; or (b) the partnership is dissolved or the estates of the partnership and the partners are adjudged bankrupt; or By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 4 Apprenticeship Act, 1964 (Chapter 275) Zambia (c) the High Court has approved an arrangement between the company and its creditors or the affairs of the company are being wound up or the company is placed under judicial management; as the case may be, the Controller shall, after consultation with the sub-committee concerned, transfer the rights and obligations of the employer under the contract to another person. (6) If the Controller is unable to transfer such rights and obligations within one month of his becoming aware of such death, bankruptcy, dissolution, arrangement, winding-up or being placed under judicial management, as the case may be, he shall suspend the contract of apprenticeship for a period not exceeding four months, and if at the expiry of such period of suspension the rights and obligations under the contract have not been so transferred, the contract shall be rescinded by the Controller. (7) Where the rights and obligations of the employer under a contract have been transferred to a person or partnership in terms of subsection (4), such person or partnership shall lodge the contract, in the prescribed manner and within one month of the date of such death or retirement, with the Controller for registration of the transfer. (8) Any employer may, with the consent of the apprentice, apply to the Controller for the suspension of the contract of apprenticeship to enable the apprentice to proceed to any place outside the borders of Zambia for the purpose of receiving training not available within Zambia. The Controller may grant the suspension of such contract for such period and on such conditions as he may specify. (9) Any employer who is dissatisfied with the refusal of the Controller to register the transfer of any contract of apprenticeship may appeal to the Minister within one month of the date on which the decision of the Controller is communicated to him.
Section 15Verify source
§ 16Suspension of apprentice .......................................................................................................................................................................... 5Provision

An employer may suspend an apprentice for a serious breach, must report the suspension to the Controller within 7 days, and must pay withheld wages if the suspension is set aside.

16. Suspension of apprentice (1) If an employer is satisfied that an apprentice bound to him by contract under this Act has committed a serious breach of the terms of such contract or of any conditions of apprenticeship applicable to such apprentice, he may forthwith suspend such apprentice. (2) An employer who has suspended an apprentice in accordance with the provisions of subsection (1) shall report the matter in writing to the Controller within seven days of the suspension, and the Controller shall thereupon investigate the circumstances and may confirm or set aside the suspension of the apprentice. (3) If the Controller sets aside the suspension of the apprentice, the employer shall pay to the apprentice any wages withheld from him during the period of suspension.
Section 16Verify source
§ 17Rescission of contracts of apprenticeship ........................................................................................................................................... 5Provision

Apprenticeship contracts may be rescinded by mutual agreement or by the Controller, but the Controller must first hear from all parties or accept written representations.

17. Rescission of contracts of apprenticeship (1) A contract of apprenticeship may be rescinded by mutual agreement of the parties thereto or by the Controller at the instance of any party thereto if he is satisfied that it is expedient so to do. (2) The employer shall give notice to the Controller of the rescission of any contract by mutual agreement of the parties. (3) The Controller shall not rescind any contract of apprenticeship until he has given all parties to the contract an opportunity to be heard by him or to make representations to him in writing. (4) The Controller shall endorse on the registered copy of the contract of apprenticeship the fact that the contract has been rescinded.
Section 17Verify source
§ 18Modification of contracts of apprenticeship ....................................................................................................................................... 5Amendment

The Controller may correct an apprenticeship contract if recorded facts are wrong and someone is prejudiced, but only with the prejudiced party’s application and the other party’s consent.

18. Modification of contracts of apprenticeship (1) Whenever it appears that the facts relating to any apprentice are incorrectly recorded in his contract of apprenticeship and that by reason thereof prejudice is caused to a party to the contract, By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 5 Apprenticeship Act, 1964 (Chapter 275) Zambia the Controller may, if he is satisfied that it is desirable to do so on the application of the prejudiced party and with the consent of the other party to the contract, affix thereto a statement setting out the correct facts and the relative terms of the contract as amended in con-sequence of those facts. (2) Any such statement shall be signed by the Controller and thereafter the relative terms so set out therein shall form part of the contract of apprenticeship and the Controller shall adjust his records in accordance therewith.
Section 18Verify source
§ 19Appeals to Minister ...................................................................................................................................................................................... 6Provision

The Minister may decide an appeal from the Controller by confirming the Controller’s decision or making another decision the Minister considers appropriate.

19. Appeals to Minister (1) On appeal being made to him under the provisions of this Act from a decision of the Controller, the Minister may confirm the Controller's decision or give such other decision as, in his opinion, the Controller ought to have given. (2) No appeal shall lie from a decision of the Minister on an appeal.
Section 19Verify source
§ 20Appointment of inspectors ........................................................................................................................................................................ 6Provision

The Minister may appoint any person as an inspector for this Act, and each inspector must be given a certificate signed by the Minister.

20. Appointment of inspectors (1) The Minister may appoint any person to be an inspector for the purposes of this Act. (2) Every inspector shall be furnished with a certificate signed by the Minister and stating that he has been appointed as an inspector.
Section 20Verify source
§ 21Powers of inspectors ................................................................................................................................................................................... 6Offence

Inspectors may enter, question, demand documents, inspect records, require apprentices or minors to appear, require employers to make payments due, and suspend an apprentice for up to 14 days.

21. Powers of inspectors An inspector may— (a) at any reasonable time enter upon any premises in which he has reasonable cause to believe that an apprentice or minor is employed or is being trained in any designated trade and take with him any interpreter or other assistant or police officer; (b) while he is upon or in the premises, or at any other time, question any person who is or has been in or upon the premises, in the presence of or apart from others; (c) require from any such person the production then and there or at any time and place fixed by the inspector of any docu-ment being one or more of the records required under this Act to be kept by an employer, or any document relating to such records which is or has been upon or in the premises or in the possession or custody or under the control of any employer by whom the premises are occupied or used, or of any apprentice or minor employed by that employer; (d) at any reasonable time and at any place require from any person who has the possession or custody or control of any such document relating to the business of any person whom he has reasonable cause to believe is or was an employer the production then and there, or at a time and place fixed by the inspector, of that document; (e) examine and make extracts from and copies of all such documents and require an explanation of any entries in any such documents as in his opinion may afford evidence of any offence under this Act; (f) (g) (h) require any apprentice or minor to appear before him at any time and place fixed by the inspector, and then and there question that apprentice or minor provided that the apprentice or minor may at his request be accompanied by a third party during such interrogation and shall be so informed by the inspector; require any employer to make all payments due to any apprentice or minor employed by him, in the presence of the inspector; suspend an apprentice for a period not exceeding fourteen days provided that he shall immediately report such suspension and the circumstances giving rise to it to the Controller. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 6 Apprenticeship Act, 1964 (Chapter 275) Zambia
Section 21Verify source
§ 22Secrecy to be observed .............................................................................................................................................................................. 7Amendment

People who obtain certain information under this Act must keep it secret, except for listed disclosures.

22. Secrecy to be observed (1) If any person in the exercise of his powers under this Act or in the performance of his duties in carrying out this Act or by attendance at any meeting of the Council or a sub-committee thereof, acquires information relating to the financial affairs, or the secret processes, or the plant or equipment of any other person, firm or business, he shall not, save for the purposes of legal proceedings under this Act, disclose such information to any other person, except— (a) (b) to a court of law or to any person who by law is invested with the power to compel the disclosure of such information; or to the Minister or to any person acting in the execution of this Act, in so far as such information may be necessary for the execution thereof. (2) Any person who contravenes the provisions of this section shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding twelve months, or to both. [As amended by Act No. 13 of 1994]
Section 22Verify source
§ 23Regulations ...................................................................................................................................................................................................... 7Provision

The Minister may make regulations, on the Council’s advice, by statutory instrument.

23. Regulations (1) The Minister may, on the advice of the Council, by statutory instrument, make regulations for all or any of the following purposes: (i) (ii) the qualifications, including age and educational standard required, for apprenticeship in any designated trade; the registration of contracts of apprenticeship and transfers thereof and the notification of the expiration or cancellation of contracts of apprenticeship; (iii) the rescinding of contracts of apprenticeship; (iv) records to be kept by employers; (v) the period of apprenticeship in any designated trade, the reduction in such period which may be allowed, the circumstances in which such reduction may be allowed and the rates according to which wages shall be payable to apprentices in any designated trade; (vi) the circumstances in which the period of apprenticeship may or shall be extended because of sickness or absence of the apprentice or for other cause; (vii) the classes which apprentices shall attend and the number of hours per week, whether within or without their ordinary working hours, during which they shall attend such classes; (viii) the nature and number of the correspondence courses to be followed by apprentices in lieu of or in addition to any classes prescribed under paragraph (vii) and the conditions subject to which such courses may be followed in lieu of classes; (ix) the practical training which employers shall provide for apprentices in their employ; (x) the practical training which may be provided other than by the employer for apprentices in any designated trade; (xi) the number of efficiency tests, examinations or assessments which apprentices shall undergo from time to time; (xii) the maximum number of ordinary working hours which apprentices may be required to work during any week or any day and the hours of any day before or after which and the intervals during which no such apprentice may be required to work; (xiii) the maximum period of overtime which an apprentice may be required to work; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 7 Apprenticeship Act, 1964 (Chapter 275) Zambia (xiv) the number and duration of paid holidays which shall be allowed to apprentices during any year of apprenticeship; (xv) the circumstances in which employers shall pay the fees in respect of any prescribed technial education classes or courses; (xvi) the fees payable for hostel accommodation while apprentices attend technical education classes and the manner of making payment; (xvii) the circumstances in which travelling expenses may be paid for or by apprentices attending technical education classes and the method of payment; (xviii) the certificates in respect of birth or educational standard which may be demanded in connection with the registration of a contract of apprenticeship; (xix) the number of apprentices in relation to artisans or other instructors who may be employed in any designated trade; (xx) the issue of certificates of apprenticeship; (xxi) the manner and form in which exemptions by the Minister shall (2) Different conditions of apprenticeship may be prescribed under subsection (1) in respect of different classes of employers or apprentices in different designated trades.
Section 23Verify source
§ 25Offences ............................................................................................................................................................................................................ 8Amendment

Employers and other persons commit offences if they break apprenticeship rules, lodge contracts late, misrepresent themselves as inspectors, obstruct inspectors, or make false records; penalties include fines and possible imprisonment.

25. Offences (1) Any employer who contravenes any provision of a contract of apprenticeship or any condition of apprenticeship which is binding upon him shall be guilty of an offence and liable— (a) (b) in the case of an offence under this subsection (which does not consist of the failure to make any payment to an apprentice), to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding six months, or to both; in the case of an offence under this subsection which consists of the failure to make any payment to an apprentice, to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding twelve months, or to both. (2) Any person who— (a) employs a minor contrary to the provisions of section nine: (b) fails to lodge a contract within the time provided in subsection (2) of section twelve; (c) fails to lodge a contract within the time provided in paragraph (a) (i) or (b) (i) of section fourteen: (d) fails to lodge a contract within the time provided in subsection (7) of section fifteen; (e) falsely holds himself out to be an inspector; (f) (g) refuses or fails to answer to the best of his knowledge any question which an inspector has put to him in the exercise of his functions under section twenty-one; refuses or fails to comply to the best of his ability with any requirement of an inspector under section twenty-one; (h) hinders an inspector in the performance of his functions under section twenty-one; (i) fails to comply with any conditions imposed under subsection (3) of section twenty-seven; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 8 Apprenticeship Act, 1964 (Chapter 275) Zambia (j) makes any incorrect statement or entry in any records kept in pursuance of any regulations made under section twenty-three, knowing the same to be incorrect; shall be guilty of an offence and liable on conviction to a fine not exceeding three thousand penalty units, or to imprisonment for a period not exceeding twelve months, or to both. [As amended by Act No. 13 of 1994]
Section 25Verify source
§ 26Acts or omissions by managers, agents or employees ................................................................................................................... 9Offence

If a manager, agent, or employee does something that would be an offence for the employer, the employer may be treated as having done it too, and both the employer and the individual may be convicted and sentenced.

26. Acts or omissions by managers, agents or employees (1) Whenever any manager, agent or employee of any employer does or omits to do any act which it would be an offence under this Act for the employer to do or omit to do, unless it is proved that— (a) in doing or omitting to do that act the manager, agent or employee was acting without the connivance or permission of the employer; (b) all reasonable steps were taken by the employer to prevent any act or omission of the kind in question; and (c) it was not under any condition or in any circumstances within the scope of the authority, or in the course of the employment of the manager, agent or employee to do or omit to do acts, whether lawful or unlawful, of the character of the act or omission charged; the employer shall be presumed himself to have done or omitted to do that act and be liable to be convicted and sentenced in respect thereof, and the fact that he issued instructions forbidding any act or omission of the kind in question shall not, of itself, be accepted as sufficient proof that he took reasonable steps to prevent the act or omission. (2) Whenever any manager, agent or employee of any employer does or omits to do any act which it would be an offence under this Act for the employer to do or omit to do, he shall be liable to be convicted and sentenced in respect thereof as if he were the employer. (3) Any manager, agent or employee may be so convicted and sentenced in addition to the employer.
Section 26Verify source
§ 27Exemption by Minister ................................................................................................................................................................................ 9Amendment

The Minister may exempt employers or apprentices from some or all Act requirements, and may also cancel, amend, or withdraw exemptions. A certificate of exemption must be signed and issued by the Controller.

27. Exemption by Minister (1) Notwithstanding anything to the contrary in this Act, the Minister may, if in his opinion special circumstances exist which justify exemption, by statutory notice, exempt any class, group, section or type of employers or apprentices specified in the notice, either generally or with such restriction as he may deem fit and subject to any conditions he may impose in the notice, from all or any of the provisions of this Act, or from any condition of apprenticeship, and the Minister may, in so specifying any such class, group, section or type, apply any method of differentiation he may deem advisable, other than differentiation on the grounds of the nationality, colour or religion of the employers or apprentices. (2) The Minister may in the same manner cancel or amend any notice published under subsection (1). (3) The Minister may, if in his opinion special circumstances exist which justify exemption, exempt any person, either generally or with such restrictions as he may deem fit, and subject to any conditions he may impose and for such period as he may specify, from all or any of the provisions of this Act, or from any conditions of apprenticeship or from any conditions prescribed in a notice published under subsection (1). (4) A certificate stating that such exemption has been granted and setting out all the conditions of the exemption shall be signed and issued by the Controller. (5) Any exemption granted under subsection (3) may at any time be withdrawn at the discretion of the Minister. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 9 Apprenticeship Act, 1964 (Chapter 275) Zambia
Section 27Verify source
§ 28Repeal and savings ................................................................................................................................................................................... 10Commencement

This section repeals the former Apprenticeship Act and preserves some effects for scheduled trades and existing apprenticeship contracts.

28. Repeal and savings The Apprenticeship Act, Chapter 187 of the 1964 Edition of the Laws (hereinafter in this section referred to as the "former Act") is hereby repealed: Provided that— (i) a Scheduled trade, as defined in the former Act, shall be deemed to be a designated trade for the purposes of this Act, and the provisions of this Act shall apply accordingly; (ii) every Scheduled trade, as defined in the former Act, shall be deemed to have been designated by the Minister under and in accordance with the provisions of section eight immediately after the commencement of this Act; (iii) the provisions of paragraph (a) (i) of section fourteen shall not apply to a written contract of apprenticeship in respect of a Scheduled trade, as defined in the former Act, and the Controller shall register every such contract subsisting immediately after the commencement of this Act, notwithstanding that such contract is not lodged with him in pursuance of the said paragraph. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 10
Section 28Verify source

Legislative relationships

4 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

3 instruments

  • Act (1) This Act

    Section 3

  • Apprenticeship must carry out the duties and powers given by the Act

    Section 7

  • former Apprenticeship Act

    Section 28

G–M

1 instrument

  • Minister. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 9 Apprenticeship Act, 1964

    Section 27

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  • 31 Dec 1996 · currentEnglish

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