Examinations Council of Zambia Act, 1983
This section gives the Act its citation title and says it starts on a date appointed by the Minister by statutory instrument.
- Jurisdiction
- Zambia
- Instrument
- Act or statute
- Citation
- Act 15 of 1983
- Version
- 31 Dec 1996
- Language
- en
- Official source
- View official record ↗
Statute overview
About this statute
This section gives the Act its citation title and says it starts on a date appointed by the Minister by statutory instrument. This section defines key terms used in the Act, unless the context requires otherwise. The Examinations Council of Zambia is established as a body corporate. The Council controls its seal, the Secretary keeps it, and certain officials may authenticate or use it in specified ways. The Council must include specified members, and the Minister appoints some of them. The Council also elects a Vice-Chairman.
Search within this statute
Search all stored provisions in this version.
Legal text
Provisions of Examinations Council of Zambia Act, 1983
Showing 18 of 18
Part
PART I
- 1 Verify source ↗
This Act ma.y be cited as the Examinations Coun il of Shon title
This section gives the Act its citation title and says it starts on a date appointed by the Minister by statutory instrument.
1. This Act ma.y be cited as the Examinations Coun il of Shon title Zambia. Act, 1983, and shall come into operation on such date =� as the Minister may, by statutory instrument, appoint. ment - 2 Verify source ↗
In tlllii Act, unless the context otherwise requires
This section defines key terms used in the Act, unless the context requires otherwise.
2. In tlllii Act, unless the context otherwise requires-- Interpret& tion " Cho.irman " moo.Ill:I the person designated Cho.i.rman of the Council by section five; " Council " means the Examinations Council of Zamb.ill. established by section three; " Deputy Director " me.lolls the person appointed Deputy Di.rector of the Council under section twelve; " Director " means the person appointed Director of the Council under section twelue; ''examination" means o.ny examination which the Minister may, by Gazette Notice, designate as such; "examination paper" includes any draft question paper, final question paper, marking scheme, specimen and any ot,her material connected with or related to any current or future examination; 72 No. 15 of 1983] Examinations Council of Zambia "information" means any matter of whatever description or detail relating to any examination or examination paper; " member " means a. member of the Council; "pa.ra.sta.tal body " means any statutory corporation or any company, association or other body in which the Government has a majority or controlling interest; " Secretary " means the person appointed Secretary of the Council under section thirteen; " Vice-Chairman " means the person elected Vice-Chair man of the Council under section five. PART IT EXAMINATIONS CoUNOIL OF ZAMBIA Establish ment of Council
Part
PART IT
- 3 Verify source ↗
There is hereby established the Examinations Council
The Examinations Council of Zambia is established as a body corporate.
3. There is hereby established the Examinations Council of Zambia which shall be a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name, and with power, subject to the provisions of this Act, to do all such acts and things as a. body corporate may by law do or perform. Seal of Council - 4 Verify source ↗
(1) The seal of the Council shall be such device as may
The Council controls its seal, the Secretary keeps it, and certain officials may authenticate or use it in specified ways.
4. (1) The seal of the Council shall be such device as may be determined by the Council and shall be kept by the Secretary. (2) The Council may use a wafer or rubber stamp in lieu of the seal. (3) The affixing of the seal shall be authenticated by the Chairman or the Vice-Chairman, and the Secretary or one other person authorised in that behalf by a resolution of the Council. (4) Any contract or instrument which, if entered into or executed by a, person not being a. body corporate would not be required to be under seal, may be entered into or executed without seal on behalf of the Council by the Director or any other person authorised in that behalf by a resolution of the Council. (5) Any document purporting to be a document under the seal of the Council or issued on behalf of the Council shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved. Composition of Council - 5 Verify source ↗
(1) The Council shall consist of the following members
The Council must include specified members, and the Minister appoints some of them. The Council also elects a Vice-Chairman.
5. (1) The Council shall consist of the following members: (a) the Vice-Chancellor of the University of Zambia., who shall be Chairman of the Council; (b) the Director of Technical Education and Vocational Training; (c) the Chief Inspector of Schools; ExaminatiotUJ Council of Zambia [No. 15 of 1983 73 (d) one person ea.ch nominated by the following insti tutions or bodies a.nd appointed by the Minister: (i) Ministry responsible for higher education; (ii) the University of Zambia School of Education; (iii) the N a.tiona.l Union of Teachers; (e) not more than four other persons appointed by the Minister. (2) There shall be a Vice-Chairman of the Council elected by the Council. (3) Whenever the office of Chairman is vacant or the Chair man is absent or is for any other cause unable to perform the functions of his office, the Vice-Chairman shall perform such functions. - 6 Verify source ↗
A person shall not be qualified for nomination as a
A person cannot be nominated as a Council member if they are under 21, of unsound mind, imprisoned for more than 6 months, bankrupt, or detained/restricted under Zambian law.
6. A person shall not be qualified for nomination as a member of the Council if- {a) he is under twenty-one yea.rs of age; (b) he is, under any written law, adjudged or otherwise declared to be of unsound mind; (c) he has been sentenced to a term of imprisonment exceeding six months; (d) he has been adjudged or otherwise declared to be bankrupt; or (e) he is lawfully detained or his freedom of movement is restricted under any law in force in Zambia. Disqualifi cation from membership - 7 Verify source ↗
(1) 'l'his section applies to a member referred to in
Members hold office for three years, may be re-appointed, and must stop holding office if specified conditions occur. The Minister may remove a member appointed by the Minister at any time by written notice.
7. (1) 'l'his section applies to a member referred to in paragraphs (d) and (e) ofsubseotion (1) of section.five. Tenure of office and ve.oa.noiee (2) A member shall hold office for a period of three yea.rs and may be re-appointed at the expiry of his term. (3) A member shall cease to hold office- (a) upon the expiry of the period for which he is appointed or re-appointed; (b) if he is absent from three consecutive meetings of the Council without rea-sonable cause; (c) upon the expiry of not less than one month's notice in writing of his intention to resign given by him to the Chairman; (d) if he ceases to belong to the institution or body he represents; or ( e) if any circumstances arise which, if he were not a member, would cause him to be disqualified for nomination as such. (4) A member appointed by the Minister may be removed by him at any time by notice in writing 74 No. 15 of 1983) Examinali01UI Oouncil of Zambia Functions ofCounoil - 8 Verify source ↗
(1) The functions of the Council shall be to
The Council must carry out its examination-related functions, and it may delegate functions to the Director in writing. The Minister may give directions to the Council, and the Council must follow them.
8. (1) The functions of the Council shall be to (a) conduct examinations; (b) a.ward certificates or diplomas to candidates who pass examinations conducted by the Council; (c) carry out relevant research in examinations; (d) advise any public institution on the development and use of any system of testing or examining when requested to do so; (e) formulate syllabuses for examinations; (/) promote the international recognition of qualifications conferred by the Council; g) approve or reject appointments of examiners; (h) organise training courses for, or arrange for the training of, examiners, markers, supervisors, invigilators and other persons connected with exam.in& tions; and (i) invite any person or body either in or outside Zambia to a.saist the Council in the conduct of examinations. (2) The Council may, by directions in writing and subject to such term.a and conditions as it thinks fit, delegate to the Director any of its functions under this Act. (3) The Minister may give to the Council such general or specific directions with respect to the discharge of its f unotion.11 as he may consider necessary a.nd the Council shall give effect to such directions . .Remunera• tion and allowanoee of members Proceedings of Council - 9 Verify source ↗
A member other than a. public officer or an employee
A member who is not a public officer or employee of a parastatal body must be paid remuneration or allowances set by the Minister.
9. A member other than a. public officer or an employee of a. pa.rasta.tal body sha.11 be pa.id such remuneration or allow a.noos a.s the Minister ma.y from time to time determine. - 10 Verify source ↗
(1) Subject to the provisions of this Act, the Council
The Council may manage its own procedure, but it must meet at least every six months, keep minutes, and satisfy quorum and voting rules.
10. (1) Subject to the provisions of this Act, the Council may regulate its own procedure. �2) The Council shall meet for the tra.nsa.otion of business a.t lea.st once every six months at such places and at such ti mes a.s the Chairman may determine. (3) Upon giving notice of not less than fourteen days, a. meeting of the Council may be called by the Chairman a.nd shall be ca.lied if not Iese than five members so request in writing: Provided that if the nrgency of any particular matter does not permit the giving of such notice, a special meeting may be called upon giving shorter notice. (4) Five members shall form a quorum at, any meeting of the Council. Examination.! Council of Zambia [No. 15 of 1983 75 ( 5) Where tho Chairman and the Vice-Chairman are absent from any meeting of the Council, there shall preside at that meeting such member as the members present may elect for the purpose of that meeting. (6) A decision of the Council on any question shall be by a. majority of the Council members present and voting at a meeting and, in the event of an equality of votes, the person presiding at the meeting shall have a. ca.sting vote in addition to his deliberative vote. (7) The Council may invite any person, whoso presence is in its opinion desirable, to attend and to participate in the deliberations of a meeting of the Council but such person shall have no vote. (8) The validity of any proceedings, act or decision of the Council shall not be affected by any vacancy in tho membership of the Council or by any defect in the election or appointment of any member or by reason that any person nut entitled to do so took part in the proceedings. (9) The Council shall cause minutes to be kept of the pro ceedings of every meeting of the Council and of every meeting of any committee of the Council. - 11 Verify source ↗
(1) The Council may, for the purpose of carrying out
The Council may set up committees, delegate functions to them, appoint committee members, and committees may set their own procedure subject to Council directions.
11. (1) The Council may, for the purpose of carrying out its functions under this Act, establish committees and delegate to any such committee such of its functions as it may think fit. Commiti ofCounoil (2) The Council may appoint as members of a committee established under subsection (J ), persons who a.re or are not members of the Council and such persons shall hold office for such period as the Council may determine. (3) Subject to any specific or general direction of the Council any committee established under subsection (1) may regulate its own procedure. - 12 Verify source ↗
(1) The Council shaU appomt, on such terms and condi
The Council must appoint a Director, may appoint a Deputy Director, and the Director or Deputy Director may attend and address Council meetings but may not vote.
12. (1) The Council shaU appomt, on such terms and condi tions as it may determine, a Director who shall be the chief executive officer of the Council and who, subject to the control of the Council, shall be responsible for tho administration of the affairs of the Council. Direoto, and Deputy Di.teotor (2) The Council may appoint, on such terms &nd conditions as it ma.y determine, a Deputy Director to assist the Director. (3) The Director, or in his absence the Deputy Director, shall attend meetings of the Council and may address such meetings, l,ut shall not vote on any matter: Provided that the person presiding at any meeting of the Council may, for good cause, require the Director or the Deputy Director, as the case ma.y be, tu withdraw from such meeting. 78 No. 15 of 198l] Examinations Council of Zambia DiaclotlllNI of intereat in ell:amination or ell:amiDatioo paper ll. (1) If a person engaged in the conduct of examinations or performing work connected with examinations is directly or indirectly interested in a private capacity in an examination or in any examination paper or information relating thereto or if the spouse, child, friend or relative of such person is a candidate in such examination, he shall as soon as practicable before the commencement of his duties in respect of such examination disclose such interest to the Council or its nomineo and he shall, unless the Council otherwise directs, cease to perform such duties. (2) Any person who contravenes the provisions of subsection 4il (1) shall be guilty of an offenco and shall be liable, upon con viction, to a fine not exceeding two thousand kwacha or to imprisonment for a term not exceoding one year, or to both such fine and imprisonment. Nullification of ell:w:nination or &Jt�tion roaulta - 22 Verify source ↗
(1) Where the Council is satisfied that there has been
The Council may suspend or nullify an examination, or nullify a candidate’s results, if it is satisfied there was an irregularity or irregular means.
22. (1) Where the Council is satisfied that there has been an irregularity in the course of any examination, the Council may suspend or nullify such examination or any part thereof. (2) Where the Council IS satisfied that there is reasonable cause to believe that the examination results of any candidate have been obtained by irregular means, the Council may nullify tho examination resuJts of such candidate. PART IV FmANOIA.L AND OTHER P&OVIBIONS Funda of Council
Part
PART IV
- 13 Verify source ↗
(1) The funds of tho Council shall consist of such moneys
The Council’s funds come from appropriations, grants or donations, money that accrues to it, and fees or charges it collects. Some outside grants or borrowing need the Minister’s approval.
13. (1) The funds of tho Council shall consist of such moneys as may- (a} be appropriated by Parliament for the purposes of the Council; (b) be paid to the Council by way of grant,s or donations ; and (o) vest in or accrue to the Council. (2) Tho Council may- (a) accept moneys by w:i.y of grants or donations from any source in Zam bio. and, subject to the n.pproval of the Minister, from any source outside Zu.mbin, ; (b) subject to the n.pproval of the ?tfinjster, raise by w11,y of loans or otherwise auch moneys as it may require for the discharge of its functions ; (o) charge and collect fees in respect of programmes, seminars, consultancy services, and other services provided by the Council. ; and (d) charge and collect examination fees and other charges payable t0 tbe Council. ---------- Examinations Council of Zambia [No. 15 of 1983 79 (3) There shall be paid from the funds of the Cou.ncil- (a) the salaries, allowances and loans of the staff of the Council ; (b) such reasonable travelling, transport and subsistence a.llowa.ncee for members or members of any committee of the Council when engaged on the business of the Council, at such rates as tho Minister may determine; and (c) any other expenses incurred by the Council in the performance of its functions. - 24 Verify source ↗
The financial year of the Council sha,11 be the period
The Council’s financial year is a 12-month period ending on 31 December each year.
24. The financial year of the Council sha,11 be the period of twelve months ending on the 31st December in each year. Financial yoar - 25 Verify source ↗
The Council shall cause to be kept proper books of
The Council must keep proper books of account and other records relating to its accounts.
25. The Council shall cause to be kept proper books of Aooounte account and other records relating to its accounts. - 26 Verify source ↗
( 1 ) As soon as pro.ctictLble, but not later than six mouths
The Council must send a report on its yearly activities to the Minister within six months after each financial year ends, and the Minister must table that report before the National Assembly within seven days after the next sitting following receipt.
26. ( 1 ) As soon as pro.ctictLble, but not later than six mouths after the expiry of each financial yeor, the Council shall submit to the M.i.uister a report concerning its activities during such financial year. Annual roport (2) The report referred to in subsection ( 1 ) sbalJ include information on tho financial affairs of the Council and there shall be appended thereto- (a) a balance Rheet ; (b) an audited statement of revenue and expenditure ; and (e) such other information as the Minister may require. (3) The :?tfinister shall, not later than seven days after the first sitting of the National Assembly next after the receipt of the report referred to in subsection ( I ), lay it before the National Assembly. - 27 Verify source ↗
The Minister may, by statutory instrn.ment, make Regulatiooe
The Minister may make regulations by statutory instrument to better carry out this Act.
27. The Minister may, by statutory instrn.ment, make Regulatiooe regulations for the better carrying out of the purpost!s of this Act. 89
Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.
Ask AI about this statute
Examinations Council of Zambia Act, 1983
Sign in to ask AI about this statute
Sign in to start authenticated, citation-grounded statute research.
Sign inLexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.