National Council for Construction Act, 2003
This provision gives the Minister power to appoint the commencement date by statutory instrument, and bars appointing a day later than six months after enactment.
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accounting period act commencement administrative notice annual registration annual reporting asset transfer audit board membership certificate cancellation certification committee governance compliance fees confidentiality conflicts of interest construction construction administration construction contracting construction industry construction industry regulation construction materials construction materials compliance construction procurement construction works contract assignment +67 more
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About this statute
This provision gives the Minister power to appoint the commencement date by statutory instrument, and bars appointing a day later than six months after enactment. This section defines terms used in the Act. The section establishes the National Council for Estiblislurent :, Construction as a body corporate with perpetual succession and a common seal. The Minister appoints the Council Chairperson, the members elect the Vice-Chairperson, and a member may nominate a senior substitute to attend a meeting if unable to attend for a reasonable cause. The Council has power to direct contractors and other construction-service providers, require information and records, make representations to the Minister, recommend training institutions, obtain industry information, and take other necessary or expedient steps for its functions.
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Provisions of National Council for Construction Act, 2003
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- 1 Verify source ↗
(I) ThisActmay be cited as the National.Cowicil for Construction
This provision gives the Minister power to appoint the commencement date by statutory instrument, and bars appointing a day later than six months after enactment.
1. (I) ThisActmay be cited as the National.Cowicil for Construction Act, 2003 and shall come into operation on such date as the Minister may, by statutory instrument, appoint, provided that the Minister shall not appoint a day that is later than six months after the enactment of the Act. (2) Where a day is not appointed under subsection (I), the Act shall be deemed to come into force on the date of expiration of the period referred to in that subsection. Short title and commence• ment - 2 Verify source ↗
Interpretation
This section defines terms used in the Act.
2. In this Act, unless the context otherwise requires- Interpretation "affiliated body" means a professional body or trade association that is affiliated to the Council; "Agency "means the Road Development Agency established under the Public Roads Act; " architect " means an architect registered under the Zambia lnstitute ofArchitectsAct; Act No. 12 of2002 Cap.442 - 78 No. 13 of 2003) National Council Joi ConstrucJion "best practice" means a desirable and appropriate standard, process, procedure, method or system in relation to the delivery process and the life cycle of fixed assets; "best practice contractor recognition scheme " means the best practice contractor recognition scheme referred to in section sixteen; "best practice project assessment scheme" means the best practice project assessment scheme referred to in section sixteen; "Buildings Department" means the Buildings Department in the Ministry responsible for works and supply; "Chairperson" means the person elected Chairperson of the Council under section four; "committee "means a committee of the Council constituted under paragraph 4 of the First Schedule "contractor" means a person, or body of persons, who undertakes to execute and complete construction works; "construction works" means the provision ofa combination of goods and services for the development, extension, installation, repair, maintenance, renewal, removal, renovation, alteration, dismantling or demolition of a fixed asset including building · - � and engineering infrastructure; " Council " means the National Council for Construction .... - established under section three; Cap.432 "engineer" means a civil, structural, services or building engineer registered under the Engineering Institution of Zambia Act; " foreign company " means a company registered, or controlled from, outside Zambia and in which fifty-one per cent or more of the shares are owned by a non-Zambian; " emerging sector" means that sector of the construction industry which comprises emerging enterprises; "Executive Director" means the person appointed as Executive Director of the Council under paragraph 9 of the First Schedule; "foreign firm" means a firm which is registered outside Zambia and whose partners are non-Zambian or in Zambia and whose partners are non-Zambian; "member" means a member of the Council appointed under section/our; · :·--·-- ·- " National Council for Construction (No. 13 of 2003 79- "project" means;u:onstruction works contract onri;etics of related construction works contracts; "register" means the register of contractors and affiliated bodies referred to in section nine; "register of projects" means the register referred to in · · sectionf,jleen; "School" means the Construction School constituted under section seventeen; " surveyor " means-- (a) a surveyor registered under the Valuation Surveyors Cap. 207 Act; (b) a land surveyor licenced under the Land Survey Act; Cap. 188 and (c) a quantity surveyor registered under the Quantity SurveyorsAct;" Cap.438 " technical staff" includes road fore persons, road supervisors and road superintendents; "Vice-Chai,:person" means the person elected Vice-Chairperson of the Council under sectionfour; "Zambian company " means a company which is registered under the Companies Act and is controlled from within Zambia Cap. 388 and in which fifty-one per centum or more of the shares are owned by a Zambian; and "Zambian fir m " means a firm which is registered in Zambia and whose partners are Zambians. PARTII THE NATIONAL COUNCIL FOR CoNSJRUCTION
Part
Schedule;
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The section establishes the National Council for Estiblislurent :, Construction as a body corporate with perpetual succession and a common seal.
3. ( I) There is hereby established the National Council for Estiblislurent :, Construction which shall be a body corporate having perpetual succession and a common seal, capable of suing and being sued in its cmporate name and with power, subject to this Act, to do all such acts and things as a body corporate may, by law, do or perform. of Council (2) The provisions of the First Schedule shall apply to the Council. - 4
The Minister appoints the Council Chairperson, the members elect the Vice-Chairperson, and a member may nominate a senior substitute to attend a meeting if unable to attend for a reasonable cause.
4. (!) The Council shall consist of the following part time members Composition appointed by the Minister: of Council (a) an architect nominated by the Zambia Institute of Architects; (b) a consulting engineer nominated by the Association of Consulting Engineers of Zambia; (c) a surveyor nominated by the Surveyors Institute of Zambia; (d) a contractor nominated by the Association for Building and Civil Engineering Contractors; 80_No. 13 of 20�) National Council for Construciion ·-(e)acontractornominated by theNatienalAssociation for Small--- Scale Contractors; (f) a member nominated by construction materials manufacturers and suppliers; (g) a representative of the public universities in Zambia; (h) a representative of the Technical Education, Vocational and Entrepreneurship Training Authority; (i) a representative of the Zambia Bureau of Standards; 0) a representative of the Energy Regulation Board;" (k) a representative of theAttomey-General; (I) the Permanent Secretary to the ministry responsible for works and supply; (m) the Permanent Secretary to the ministry responsible for finance and national planning; (n) the Permanent Secretary to the ministry responsible for local government and housing; and (o) one other person. (3) The Minister shall appoint the Chairperson and the members shall elect the V ice-Chairperson from among their number. (4) Where a member is for any reasonable cause unable to attend any meeting of the Council, the member may, in writing, nominate another senior person from the same ministry, body or organisation to attend such meeting and such person shall be deemed to be a member for the purpose of such meeting. S. The functions of the Council shall be to- (a) promote and develop the construction industry in Zambia, and give priority to Zambian firms and Zambian Companies; Functions of Council (b) assess the performance of contractors in the execution of contracts and thus provide a performance record for contractors; (c) regulate the behaviour and promote minimum standards and (d) provide data on the size and distribution of contractors best practice of contractors; operating within the industry; (e) facilitate, where possible, access by Zambian firms or Zambian Companies to resources for the development of their operations; (f) promote, in liaison with other bodies in construction related fields, development issues relating to the construction industry; - �� National Council fer Constructio11 [No: 13 of Z003 81 (g) promote research into construction and the development and use of local materials and appropriate construction materials; (11) in consultation with the National Housing Authority, the Director in the Buildings Department and other bodies, promote the construction of affordable low cost and medium density housing;. (!) set and promote safety standards in the construction industry; (i) prescribe and vary the categories for the registration of persons engaged in the construction industry; (k)conduct training and co-ordinate the training programmes of persons engaged in the construction industry; (l) make available to persons engaged in the conS1ruction industry, published information, advice and assistance in relation to the construction industry; (111) monitor and evaluate, from time to time, the capacity and progress of persons engaged in the construction industry; (11) promote and maintain competition among the professionals or other persons engaged in the construction industry and promote efficiency and economy on the part of the professionals and persons so engaged; (o) regulate activities in the construction industry through the appropriate institutions, Boards and other authorities, as the case may be; (p) co-ordinate construction related activities; (q) formulate policies and programmes of the School; (,) recommend to the Minister the conditions under which a foreign firm or foreign company may be registered and permitted to operate in Z-ambia; (s) review, from time to time, the process of awarding contracts; (t) standardise quality control, contract documentation, codes of practice, procurement processes, legal and contractual processes in liaison with other relevant bodies or organisations and in accordance with other written laws; and (1() do all such acts or things as are connected with or incidental to the functions of the Council under this Act. - 6 Verify source ↗
Establishment of Council
The Council has power to direct contractors and other construction-service providers, require information and records, make representations to the Minister, recommend training institutions, obtain industry information, and take other necessary or expedient steps for its functions.
6. The Council shall have power to- (a) direct any contractor or person providing Powers of Council 82 No. 13 of 2003] National Council for Construction services in the construction industry to deliver its services in such manner as to ensure compliance with this Act; (b) require any contractor or person to submit such information and records as may be necessary to enable the Council to monitor the performance of the contractor; (c) consider any matter affecting the construction industry and make representations thereon to the Minister; ( d) recommend training institutions in Zambia and outside for the training of persons engaged in the construction industry; (e) obtain information related to the industry from any person engaged in the construction industry in Zambia; (j) obtain and collate information concerning any existing or proposed project and where necessary, advise persons engaged in the construction industry on the project ; and (g) generally, to do such things as the Council may consider necessary or expedient for the performance of its functions under this Act. PARTill REGISTRATION 01'. CONTRACTORS Application for registration - 7
Contractor registration applications must be made to the Council in the prescribed form with the prescribed fee.
7. (1) An application forregistratiori as a contractor shall be made to the Council in the prescribed form and shall be accompanied by the prescribed fee. (2) The application referred to in subsection ( I) shall state- ., (a) the name of the applicant; (b)the principal place of business; (c) the qualifications and experience of the applicant; (d) the names ·and qualifications of the professional staff employed by the contractor; (e) the areas of construction in which the applicant is involved; (j) the capital and other financial resources available to the applicant; (g) any other details which the Minister, may on the recommendation of the Council, by statutory instrument, prescribe: Provided that the Minister may prescri)Je-- National Council for Construction [No. 13:of 2003 83 - (i) different requirements for the registration of different categories ofcontractors taking into account the emerging sector and different stages o f development of contractors in the construction industry; or (ii) different requirements for the registration of a foreign company or foreign firm. (3)The Council shall, within sixty days of the date ofreceipt ofan application for registration, consider the application. ( 4) Where the Council is satisfied that the applicant has complied with the requirements for registration under this Act, the Council shall register the applicant and may refuse to register the applicant where the Council is not so satisfied. (5) Upon registration the Council shall issue the applicant with a certificate of registration. ( 6) Where the Council refuses to register an applicant as a contractor, the Council shall, in writing, furnish the applicantconcemed with the reasons for such refusal within fourteen days of taking the decision. (7)Acertificate for registration issued under subsection (5) shall be valid for one year. (8) A registered contractor may apply for renewal ofregistration three months before the expiration of the existing registration and shall pay the prescribed renewal fee. - 8
A registered contractor must not do construction work in a category for which they are not registered.
8. A contractor registered under this Act shall not undertake construction work in a category in respect of which that person is not registered. Contractor to operate under registered calcgory - 9
The Council must keep a register of registered contractors and affiliated bodies, and affiliated bodies must give the Council a list of their members.
9. (1) The Council shall keep and maintain, in the prescribed fonn, a register of- ( a) every contractor registered under this Act; and (b) every affiliated body. (2) The register referred to in subsection (1) shall - Register of contractors and affiliated bodies (a) indicate the size and distribution of contractors operating within the construction industry; (b) indicate the number, nature and performance of contractors and target groups; and (c) contain such other particulars as the Council may prescribe. .. 84 No. 13 of 20�3) National Council/or ·· Construction (3 ) An affiliated body shall provide a list of its_members to the Council for purposes of the register. Cancellation of registration - 10 Verify source ↗
Terms of service of employees offonner School
The Council may cancel a contractor’s registration certificate, but it must first give written notice at least three months ahead and let the contractor show cause.
10. (I) Subject to subsection (2), ,the Council may cancel the certificate ofregistration of any contractor if the Council is satisfied that- (a) the contractor has failed to pay the annual registration fee; (b) the certificate ofregistration has been obtained by fraud or mistake; (c) the contractor has wilfully violated any of the provisions of thisAct; ( d) the contractor has ceased to carry on business in the construction industiy in Zambia; (e) the contractor has undertaken work in a category other than the category in respect of which the contractor is registered; or (I) the contractor is guilty of professional misconduct. (2) Where the Council intends to cancel the certificate ofregistration under subsection (1) the Council shall, at least three months before cancelling the certificate, give notice; in writing, to the contractor of the intention to cancel the registration of such contractor. (3 ) The notice referred to in subsection (2) shall state the reasons for the intended cancellation and require the contractor to show cause, within such period as the Council shall specify, why the registration should not be so cancelled. ( 4) If the Council is not satisfied with the explanation given by the contractor the Council shall cancel the certificate of registration and notify the contractor accordingly, - 11 Verify source ↗
(!) Any person aggrieved by any refusal of the Council to
A person refused contractor registration, or whose certificate is cancelled, may appeal to the Minister within 30 days; a further appeal to the High Court is allowed within 30 days of the Minister’s decision.
11. (!) Any person aggrieved by any refusal of the Council to register that person as a contractor or by the cancellation, of a certificate ofregistration may appeal to the Minister not later than thirty days after the notification of such refusal or cancellation, as the case may be. (2) Where an appeal is made under subsection (1), the Minister may give such directions to the Council as the Minister considers necessary to enable the Minister to determine the appeal. Appeal against refusal to register contractor or cancellati on of registration National Council for Co11struction ·· (No. 13 of 2003 �-85 (3) The Minist�r in determining the appeal may confirm, vary or set aside the.decision ofthe Council. ( 4) Any person who is aggrieved by the decision of the Minister may appeal to the High Court within thirty days of the Minister's decision. - 12
Professional bodies regulating architects, engineers, and surveyors must be affiliated to the Council, and affiliated bodies must pay fees prescribed by the Minister.
12. (1) The professional bodies which regulate the following professions shall be affiliated to the Council: (a) architects; {b) engineers; and (c) surveyors. Affiliation to Council of professional bodies (2) An affiliated body referred to in subsection (I) shall pay such affiliation fees and other fees as the Minister may, on tl1e advice of the Council, by statutory instrument, prescribe. - 13
The Council must publish a list of all contractors registered under this Part in the Gazette at least once every year.
13. The Council shall at regular intervals, but not less than once in every year, cause to be published in the Gazette a list ofall contractors registered under this Part. - 14 Verify source ↗
Application for registration
Registered contractors must pay an annual registration fee by 14 January each year, and the Council must issue a registration certificate once that fee is paid.
14. (I) Every registered contractor shall on or before the fourteenth day of January each year, pay such annual registration fee as the Council may determine. Publication of list of registered contractors Annual registration fee (2) The Council shall, on the payment of an annual registration fee under subsection (I), issue a certificate ofregistration to the paid up contractor. PARTIV REGISTER OF PROJECTS - 15 Verify source ↗
Register ofprojects
The Council must keep a register of projects, and the Minister may set registration requirements and a registration fee.
15. (I) The Council shall establish a register of projects to gather Register of information on the nature, value and distribution of projects and provide projects the basis for a best practice project assessment scheme provided for under this Act. (2) The Minister may, in consultation with the Council, prescribe the requirements for the registration of projects taking into account the emerging sector and the different siz.es and characteristics of projects in the construction industry. (3) All construction contracts above a tender value, prescribed by the Minister upon the recommendation of the Council, shall be recorded in the register of projects. (4) The Minister, on the recommendation of the Council, may prescribe a fee to be paid to the Councii for the registration of a project by persons undertaking construction works. 86 No. 13 -of 2003) National Councilfor Construction Best practice project assessment scheme and best practice contractor recognition scheme - 16 Verify source ↗
Section 16
The Council must set up two best-practice schemes, and clients who join the assessment scheme must pay a prescribed fee.
16. ( I ) The Council shall establish a best practice project assessment scheme based on best practices identified by the Council. (2) After a date determined by the Minister by Gazette all construction contracts above a prescribed tender value shall be subject to an assessment of compliance with best practice standards and guidelines published by the Council in the Gazette. (3) Every client who engages in the best practice project assessment scheme shall pay to the Council such fee as may be prescribed by the Minister, on the advice of the Council. ( 4) The Council shall establish a best practice contractor recognition scheme which shall- ( a) enable the Government to manage risk on complex contracting strategies; and (b) promote the development of contractors in relation to best practice standards and guidelines developed by the Council. PARTY CoNSTRUCTION SCHOOL - 17 Verify source ↗
Establishment of Construction School
This provision establishes the Construction School and lists its main training and capacity-building functions.
17. (I) There is hereby established the Construction School which shall- (a) conduct training for technical staff in construction and construction related subjects; (b) provide courses in labour based technology; (c ) provide courses or training skills for personnel in the construction industry; (d) offer courses in research and consultancy for persons in the field of construction; and (e) provide fur and offer such other capacity building programmes as the Council may consider necessary. Establish ment of Construction School Principal and other staff - 18 Verify source ↗
Principal and other staff
The Council must appoint a Principal for the School, and may appoint other staff with ministerial approval. The Principal is responsible for day-to-day administration under the Executive Director’s direction.
18. (I )The Council shall appoint a Principal for the School who, subject to the direction of the Executive Director, shall be responsible for the day to day administration of the School. (2) The Council may appoint, on such terms and conditions as it may, with the approval of the Minister determine, such other staff as the Council may considernecessary for the operations of the School. Natio!}al G_ouncilfor Construction [No. 13 of 2003 87 19; (1rsubject to the control of the Council the functions of the Principal sha\1 be to - Functions of Principal {a) organise and direct the academic work of the School in teaching, research and consultancy; (b) control the standards of training, both technical and non technical; (c) advise the Council on the provision of facilities to carry out the policies and objectives of the School; (d) direct and regulate the programmes of courses offered in the School; instruction and (e) monitor the performance of students admitted to the School and determine whether the students sha\1 continue or discontinue studies or training; (j) subjectto the approval of the Council, make rules with regard to examinations and standards to be attained in such examinations and appoint examiners; . (g) promote, co-ordinate and control research on local building materials, appropriate construction materials and other matters relevant to the construction industry in the School; (h) recommend to the Council scholarships and prizes to be awarded by the School; (i) in consultation with the Road Development Agency and other stakeholders, approve and review academic programmes; (j) make recommendations on Departments that may be constituted within the School, if necessary; (k) make recommendations to the Council in respect of conditions for sponsorship of persons to study construction related subjects at recognised establishments; and (I) with the approval of the Executive Director, consider and report to the Council on any matterrelating to the School. - 20 Verify source ↗
Functions of Council in relation to School
The Council may set school entry requirements, enrol students, set fees, establish courses, confer certificates, provide training, and make rules and guidelines for the School.
20. The Council shall- (a) set minimum educational and, other qualifications or requirements for persons seeking enrolment as students of the School; (b) enrol students of the School and keep a register of all such enrolled students; ( c ) determine fees to be paid by any member of an affiliated body or other person in respect of courses, workshops, seminars or examinations set by the Council; Functions of Council in relation to School 88 No. 1-3 of 2003] -National Council for Cons/ruction ( d) set and establish courses of study or syllabi as it considers necessary; (e)confer certificates on persons who are successful candidates in the examinations conducted by the Council or upon participation in workshops or seminars offered at, by, or under the auspices of the School; (f) provide high quality training, research and consultancy in construction; (g) develop the capacity of the School in teaching, research and consultancy related to construction; (h) provide high quality training in research, consultancy and management for persons engaged in construction or related fields; (i) improve the quality and standard of construction management as a means ofencouraging productivity and efficiency; (j} improve the capacity of persons engaged in construction; (k) make rules, in consultation with the Principal, for the regulation of the affairs of the students of the School; (/) in consultation with the Principal set out guidelines for generating and investing funds for the sustainable operation of the School; and (m) do all such other things as are incidental to the attainment of the functions of the Council. PARTVI GENERAL PROVISIONS Offences and penalties - 21 Verify source ↗
Offences and penalties
Contractors must be registered with the Council and hold a valid certificate before doing public sector construction works; breaches are offences punishable by a fine, imprisonment, or both.
21. ( 1) A contractor shall not undertake, carry out or complete any construction works or portion of such works for a public sector contract, awarded in terms of competitive tender or quotation, unless the contractor is registered with the Council and holds a valid certificate issued by the Council. (2)Any person who contravenes subsection (I) commits an offence and shall be liable, on conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both. (3) An employee ofa contractor registered under the Act shall not be deemed to carry on business within the meaning of this section by reason only of the performance of that person's functions as an employee. National Council for Constroction [No. 13 of 2003 s, (4) Any contractor who cames out or attempts to carry out any construction works or portion of such works under a public sector contract and who is not a registered contractor or after being notified in writing that the certificate of registration has been cancelled commits an offence and shall be liable, on conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both. (5) ln this section, " public sector contract " means a contract in respect of construction works for the Government, a parastatal or a statutory body. - 22 Verify source ↗
Prohibition in respect of award of tender unless
A person must not award certain construction-works contracts to an unregistered person.
22. ( I ) A person shall not award a contract for any construction works of such value as the M mister may, by statutory instn1ment., upon the recommendation of the Council, detennine to another person unless that other person 1s registered under this Act. Proh1bi11on m respect of award of tender unless registered (2) A person who contravenes subsection ( I ) commits an offence and shall be liable, on conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both. - 23 Verify source ↗
Award of contract to foreign company or foreign firm
A person may not award a construction contract to a foreign company or foreign firm without Council approval.
23. ( 1 ) A person shall not award a contract for construction works lo a foreign company or foreign firm without the approval of the Council. (2) Where an award for a contract is referred to the Council for approval and the Council dete1111ines that the construction work to be awarded can be undertaken by a Zambian company or Zambian firm the Council shall not endorse its approval and the person shall not award the contract to the foreign company or foreign firm. (3) A person who contravenes subsection ( I ) or (2) commits an offence and shall be 1 iable, on conviction, to a penalty not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both. Award of contract to foreign company or foreign firm - 24 Verify source ↗
Partnership with Zambian company or Zambian firm
A person must not award a construction contract to a foreign company or foreign firm unless it will do the work in partnership or jointly with a Zambian company or firm.
24. ( I ) ubJect to section sixteen a per on shall not award a contract for any construction works to a foreign company or foreign firm unless the foreign company or foreign firm undertakes the construction works in partnership or Jointly with a Zambian company or Zambian firm. Partnership with Zambtan company or Zambian lim, (2) A person who contravenes subsectHm ( I ) commits an oflcncc and shall be liable, on conv1ct1011. to a line 1101 exceeding one hundrcJ thousand penalty units or to 1mpnsonmc11t for a term not exceeding two years, or to both. 90 No.130 of 2003] _ !{ationaLCouncil for Construction --Prohibitimr of use of substandard construction materials Cap. 4 1 6 Manufacture or sale of substandard construction materials Cap.41 6 Regulations - 25 Verify source ↗
Prohibition of use of substandard construction materials
A contractor must not use construction materials or other construction-related materials that do not meet Standards Act standards or are substandard.
25. (I) A contractor shall not use (a) construction materials; or (b) other materials usecl in the construction industry or construction related activities that do not conform to the standards set under the Standards Act or that are of a substandard quality. (2)Aperson who contravenes subsection ( l ) commits an offence and shall be liable, on conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term n'lt exceeding two years, or to both. - 26 Verify source ↗
Manufacture or sale of substandard construction materials
A person must not manufacture or sell certain construction materials that fail Standards Act standards or are substandard.
26. (I )A person shall not manufacture or sell (a) construction materials; or (b) other materials used in the construction industry or construction related activities that do not conform to the standards set under the Standards Act or that are of a substandard quality. (2)Aperson who contraivenes subsection (I) commits an offence and shall be liable, on conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both. - 27 Verify source ↗
Regulations
The Minister may, on the Council’s recommendation, make regulations to carry out the Act.
27. (I) The Minister may, on the recommendation of the Council, make regulations for the better canying out of tqe provisions of this Act (2) Without prejudice to the generality of subsection ( ! ) the regulations made under that subsection may provide for-- (a) the registration ofcontractors or other persons engaged ih construction or construction related activities; and the information to be supplied to the Council in connection with applications for registration; (b) the registration ofan affiliated body; (c) the fees payable under the Act; (d) the exemption ofanyperson or institution from any of the provisions of this Act; (e) a code ofconduct and penalties in respect of professional misconduct or other offences committed through a breach ofthe code of conduct; (j) the Forms required under this Act; (g) the safety requirements on construction sites; (I,) the safety apparel to be worn by persons on construction sites; -�;:. National Council for Construe/ion [No. 13 of 2003 91 (i) prescribing the procedure to be adopted and the conditions to be observed in connection :with the approval ofintemational qualifications and certificates, degrees and diplomas obtained both inside and outside Zambia; and (k) such other things as are incidental to the attainment of the functions of the Council. - 28 Verify source ↗
Savings and transitional provisions
The savings and transitional provisions are set out in the Second Schedule.
28. The savings and transitional provisions shall be as set out in the Second Schedule. FIRST SCHEDULE (Seclion 3) PARTI ADMINISTRATION OF COUNCIL Savings and transitional provisions - 1 Verify source ↗
(1) The seal of the Council shall be such device as may be
The Council decides what its seal looks like, the Secretary keeps it, and certain Council officers must authenticate the seal when it is affixed.
1. (1) The seal of the Council shall be such device as may be determined by the Council and shall be kept by the Secretary. Seal of Council (2) The affIXing of the seal shall be authenticated by the Chairperson or the Vice Chairpe rson and the Secretary o r one other pe rson authorised in that behalfby a resolution of the Council. (3)Any document purporting to be a document executed under the seal of the Cow,cil 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. - 2 Verify source ↗
Interpretation
Members serve three-year terms, may resign on one month’s notice, and vacancies arise for listed reasons; the Council may manage its own procedure and must meet regularly, keep minutes, and follow quorum and notice rules.
2. ( l ) A member shall hold office for a period of three years and may be re-appointed for a further term ofthree years. Tenure of office (2) Any member, may resign upon giving one month's notice to the Ministry or organisation which that member represents and to the Council. (3) The office ofa member shall become vacant on (a) the death of the member; (b) being declared to be of unsound mind; {c) being declared a bankrupt; ( d) being convicte" nfan offence involving dishonesty; (e) being sen ten 1 to imprisonment for a period exceeding six months; (/) resignation under subparagraph (2); (g) the member ceasing to hold the office by virtue of which the member was appointed to the Council; (h) being absent without reasonable cause from three consecutive meetings of the Council of which the member has had 92 No. lJ.of 2003)· National Council for Construction notice;and Pmcaxling,; ofCouncil {i) the member failing to disclose an interest under p_aragraph 5. (4) If the office ofa member falls vacant, a new member may be appointed, but that member shall hold office only for the unexpired part of the term. 3, ( !) Subject to the other provisions o.f this Act, the Council mayregulate its own procedure. (2) The Council shall meet for the transaction of its business at least once in every three months at such places and times as the Chairperson may determine, but the first meeting of the Council shall be called by the Minister not later than one month after the commencement of this Act. (3 ) Upon giving notice ofnot less than fourteen days, a meeting of the Council may be called by the Chairperson, and shall be called if not less than seven members so request in writing: Provided that if the urgency of any particular matter does not permit the giving of such notice, a special meeting may be called upon giving a shorter notice. (4) eight members shall form a quorum at any meeting of the Council. ( 5) There shall preside at any meeting of the Council {a) the Chairperson; {b) in the absence of the Chairperson, the Vice-Chairperson; or {c) in the absence ofboth the Chairperson and Vice-Chairperson, such member as the members present shall elect for the purpose of that meeting. (6) 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 a casting vote in addition to the deliberative vote. (7) The Council may invite any person whose presence is in its opinion, desirable to attend and participate in the deliberations ofa meeting but that person shall have no vote. (8) The validity of any proceedings, act or decision of the Council shall not be affected by any vacancy in its membership or by any defect in the appointment of any member or because a person not entitled to do so took part in the proceedings. (9) The Council shall cause to be kept minutes of the proceedings of every meeting of the Council and ofevery meeting of any committee constituted by the Council. --- - f!ational Cozmcilfor -Construction [No. 13_of 2Q03 93 _ C6mmil-- � tees of Council Disclosure of interest Immunity of members and staff Prohibition of publication or disclosure of infonnation to unauthorised persons
Part
part of the term.
- 4
The Council may create committees, delegate functions to them, appoint their members, and committees may set their own procedure subject to Council directions.
4. - (1-)'Ib�uncil may for the purpose-ofperfonning its functions under this Act constitute any committee, the chairperson of which shall be a memberof the Council, and may delegate to that committee any of its functions. (2) The Council may appoint as members ofa committee established under subparagraph (!), persons who are 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 subparagraph ( 1 ), may regulate its own procedure. - 5
People at a Council or committee meeting must disclose private interests in matters being considered and must not join the discussion or vote unless the Council or committee allows it. Members and staff are protected from action for good-faith acts under the Act.
5. (!) If any person is present at a meeting of the Council or a committee al which any matter, in which that 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, 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 it is made. 6. No action or any other proceedings shall be instituted against a member of the Council , a member of any committee of the Council or a member of staff of the Council or School for anything done in good faith in the exercise or purported exercise of the functions under this Act. - 7
A person must not disclose covered information learned in the course of duties under this Act unless the Council gives written consent.
7. (l)A person shall not, without the consent in writing given by oron behalf of the Council, publish or disclose to any person otherwise than in the course of that person's duties, the contents ofany 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. (2) A person who contravenes subparagraph (1) commits an offence and shall be liable, on conviction, to a fine not exceeding fifty thousand penalty units, or to imprisonment fo r a term not exceeding five years, or to both. (3) If any person having information which to that person's knowledge has been published or disclosed in contravention of subparagraph (1 ), unlawfully publishes or communicates any such 94 N�. 13 of 2003]- National C<tu11cilfor Co11structio11 Allowances Executive Director and other staff information to any other person, that person commits an offence and shall be liable, on £Ot1Viction, to a fine not exceeding fifty thousand penalty units, or to imprisonment for a term not exceeding five years, or to both. - 8
Allowances for a Council member or committee member are to be paid, and the Council determines the amount subject to the Minister’s approval.
8. There shall be paid to a member ofthe Council or a committee such allowances as the Council may determine, subject to the approval of the Minister. - 9
The Council appoints an Executive Director, with the Minister’s approval, and the Executive Director must run the Council’s day-to-day administration.
9. ( 1) There shall be an Executive Director who shall be appointed by the Council, on such tem1s and conditions as the Council may determine, subject to the approval of the Minister. (2) The Executive Director shall be the Chief Executive Officer of the Council and shall, subject to the control of the Council, be responsible for the day to day administration of the Council. (3) The Council may delegate to the Executive Director such of its functions as it may consider necessary. ( 4) The Executive Director shall- (a) attend meetings of the Council and of any committee of the Council. but shall have no vote; and (b) be the Secretary to the Council. (5) The Council may_on such terms and conditions as it may determine appoint such other staff of the Council as it considers necessary. PARTII ftNANCIALPROVISIONS Funds of Council - 10 Verify source ↗
Terms of service of employees offonner School
The Council may accept grants or donations, raise loans with Ministerial approval, and charge fees for its programmes and seminars.
10. rnay- (I) The funds of the Council shall consist of such monies as (a) be appropriated by Parliament for the purposes of Council; (b) be paid to the Council by way of fees, grants or donations; and (c ) otherwise vest in or accrue to the Council. (2) The Council may- (a) accept monies by way of grants or donations from any source in Zambia and, subject to the approval of the Minister, from any source outside Zambia; (b) with the approval of the Minister, raise by way ofloans or otherwise, such monies as it may require for the discharge of its functions; and National Council for .Con.m:ucJ.ion [No. 13 of 2003 95 ( c) charge and collect fees in respect of programmes and seminars conducted by the Council. (3) There shall be paid from the funds of the Council- (a) the sal_aries, allowances and Joans of the staff of the Council; {b) such reasonable travelling and other allowances for members or members of any committee when engaged on the business of the Council at such rates as the Council may, with the approval of the Minister, determine; and (c) any other expenses incurred by the Council in the performance of its functions. - 11 Verify source ↗
The Council may invest in such manner as it considers
The Council may invest funds that it does not need immediately for its functions, and it may choose the manner of investment it considers necessary.
11. The Council may invest in such manner as it considers necessary any of its funds which it does not immediately require for the performance of its functions. Investment of funds - 12
The Council’s financial year must run for 12 months and end on 31 December each year.
12. The financial year of the Council shall be a period of twelve months ending on 3 1 " December in each year. Financial year - 13
The Council must keep proper accounts and related records, arrange an annual audit of its accounts by independent auditors, and pay the auditors’ fees.
13. ( 1 ) The Council shall cause to be kept proper books of the Accounts accounts and other records relating to its accounts. • (2) The accounts of the Council shall be audited annually by independent auditors appointed by the Council. (3) The fees of the auditors shall be paid by the Council. - 14 Verify source ↗
Application for registration
The Council must submit an annual report to the Minister within three months after the financial year, and the Minister must lay that report before the National Assembly within 30 days after the relevant sitting.
14. (1) As soon as is practicable, but not later than three months Annual report after the financial year, the Council shall submit to the Minister a report concerning its activities during such financial year. (2) The report referred to in subparagraph ( 1 ) Shall include mformation on the financial affairs of the Council and there shall be appended thereto- (a) an audited balance sheet; (b) an audited statement ofincome and expenditure; and ( c) such other information regarding activities undertaken during the year, as the Minister may require. (3) The report referred to in subparagraph (2) shall specifically record the extent to which the objectives defined in the annual work plan and budget have been attained. (4) The Minister shall, not later than thirty days after the first sitting of the National Assembly next after receipt of the report referred to in subparagraph (I), lay it before the National Assembly. 96 No. 13 of 20031 National Council for Const,:,iction SECOND SCHEDULE (Section 28) · . PART I SAVINGS AND TRANSITIONAL PROVISIONS Interpretation - 1 Verify source ↗
In this Schedule
This Schedule defines three terms: “appointed date,” “former Council,” and “former School.”
1. In this Schedule- " appointed date "means such date as the Minister may appoint under section one or the date of expiration of the period referred to in section one, as the case may be; Cap. 1 1 9 "former Council " means the N ational Council for Construction registered under the Societies Act; " former School " means the Roads Training School in the Roads Department under the Ministry responsible for works and supply. PART II TRANSITIONAL PROVISIONS IN RELATION TO THE NATIONAL COUNCIL FOR CONSTRUCTION
Part
PART II
- 2 Verify source ↗
Interpretation
Professional bodies previously affiliated with the former Council are treated as affiliated bodies under this Act, and former Council members keep holding office until the Council is appointed under section four.
2. (! )Any professional body that immediately prior to the appointed date was affiliated to the former Council shall be deemed as from the appointed date to be an affiliated body under this Act. Professi onal body affiliated t o fonner Council before UlliidWIUll of Act to be affiliated body after Wnlli!lu!iii:111 of Act (2 ) A person who immediately before the appointed date held office as a member of the former Council, shall hold office, subject to this Act, until the Council is appointed under section/our. Vesting of assets of former Council - 3
After the appointed date, the former Council’s affairs, property, rights, and obligations transfer to the Council, and certain existing contracts and documents are treated as if the Council were the original party.
3. ( 1) On or after the appointed date, there shall be transferred to, and vest in, or subsist against, the Council by virtue of this Act without further assurance- (a) the affairs of the former Council; and (b) subject to this Act all property, rights and obligations which immediately before the appointed date were the property, rights and obligations ofthe former Council. National Cotmcilfor Co11stnictio11 ---- [No. 13 of 2003 97 . - (2) Except as provided in this Act, every deed, bond and agreement ( other than an agreement for personal service) to which the former Council was a party immediately before the appointed date, whether in writing or not, and whether or not of such a nature that rights, liabilities and obligations thereunder could be assigned, shall, unless its subject-matter or terms make it impossible that it should have effect as modified in the manner provided by this subsection, have effect as from the date of the assignment thereof, as if- (a) the Council had been a party thereto; (b) for any reference to the former Council there were substituted, as respects anything falling to be done on or after the appointed <!ate, a reference to the Council; and (c) for any reference to an employee of the former Council not being a party thereto and beneficially interested therein there were substituted, as respects anything falling to be done on or after the appointed date, a reference to such employee of the Council as the Council shall designate. (3) Subject to the provisions of subsection (2), documents, other than those referred to therein, which refer specifically or generally to the Council shall be construed in accordance with subparagraph (2) as far as applicable. - 4
The Council must apply in writing to register a transfer, and the registration authority must record the transfer and related title/deed changes. No registration fees, stamp duty, or other duties are payable for the transfer.
4. (I) Whenever in pursuance of this Act, any property, rights, liabilities and obligations of the former Council are deemed transferred to the Council in respect of which transfer a written Jaw provides for registration, the Council shall make an application, in writing, to the appropriate authority forregistration of the transfer. (2) The registration authority referred to in subparagraph (I) shall make such entries in the appropriate register as shall give effect to such transfer and, where applicable, issue the transferee concerned with a certificate of title in respect of the property or make necessary amendments to the register, as the case may be, and shall make endorsement on the deeds relating to the title, right or obligation concerned; and no registration fees, stamp duty or other duties shall be payable in respect thereof. - 5
When rights, liabilities, or obligations vest in the Council under the Act, the Council and other persons have the same rights, powers, and remedies from the appointed date.
5. (I) Without prejudice to the other provisions of this Act, where any right, liability or obligation vests in the Council by virtue of this Act, the Council and all other persons shall, as from the appointed date, have the same right, powers and remedies (and in particular the same rights as to the instituting or defending oflegal proceedings or the making or resisting ofapplications to any authority) for ascertaining, Registration of transferred propcny Legal proceedings 98 No. 13 of 2003] National Council for Constructtun-- perfecting that right, liability or obligation a_s they would have had ifit had at alftimes been a right, liability or obligation of the Council. (2) Any legal proceedings or application or any authority pending immediately before the appointed date by or against the fonnerCouncil may be continued by or against the Council. (3)After the appointed date, proceedings in respect of any right, liability or obligation which was vested in, held, enjoyed, incurred or suffered by the former Council may be instituted by or against the Council. - 6 Verify source ↗
Establishment of Council
After the appointed date, the Council must appoint necessary former Council employees as Council employees, with Minister approval, and related employees’ service terms and retirement treatment are set out.
6. (]) On or after appointed date, the Council shall, on such terms and conditions as it may, with the approval of the Minister, determine appoint as employees of the Council such employees of the former Council as may be necessary for the performance of the functions of the Council. (2) Where an employee ofthe former Council is appointed to the service of the Council- (a) the terms and the conditions of service with the Council shall not be less favourable than those the employee ertjoyed in the service of the former Council; and (b) the employee shall be deemed to-- (i) have retired under the terms and conditions of the service oflhe former Council; or (ii) continue service and the term served in the employment of the former Council shall be deemed to be service under the Council. (3) On or after the appointed date employees of the Council who are not engaged by the Council under subparagraph (2) shall be retired under the terms and conditions of service of the former Council. PARTill TRANSITIONAL PROVISIONS IN RELATION TO THE ROADS TRAINING SCHOOL - 7
The Council receives the former School’s affairs, property, rights, and obligations on or after the appointed date, and certain Government contracts are treated as if the Council were a party.
7. (!) On or after the appointed date, there shall be transferred to, and vest in, or subsist against, the Council by virtue of this Act and without further assurance-- ( a) the affairs of the former School; and (b) subj eel to this Act, all property, rights and obligations which immediately before the appointed date were the property, rights and obligations of the former School. Terms of service of employees of Council Vesting of assets of Roads Training School National-Council for -· (No. 13 of 2003 99 Construction (2) Except as proV!aed1n this Act, every deed, bond and agreement (otherthananagreementforpersonalservice)towhichtheGovemment was a party immediately before the appointed date in respect of the former School, whether in writing ornot, and whether ornot of such a nature that rights, liabilities and obligations thereunder could be assigned, shall, unless its subject-matter or terms make it impossible that it should have effect as modified in the manner provided by this subparagraph, have effect as from the date of assignment thereof, as if- (a) the Council had been a party thereto; (b) for any reference to the Government there were substituted, as respects anything falling to be done on or after the appointed date, a reference to the Council; and ' (c) for any reference to an employee of the Government not being a party thereto and beneficially interested therein there were substituted, as respects anything falling to be done on or after the appointed date, a reference to such employee of the Council as the Council shall designate. (3) Subject to the provisions of subparagraph (2), documents, other than those referred to therein, which refer specifically or generally to the former School shall be construed in accordance with subparagraph (2) as far as applicable. - 8
The Council must apply in writing for registration of a transfer, and the registration authority must record the transfer and related changes. No registration fees, stamp duty, or other duties are payable for it.
8. (1) Whenever in pursuance of this Act, any property, rights, liabilities and obligations of the Government through the former School are deemed transferred to the Council in respect of which transfer a written law provides for registration, the Council shall make an application, in writing, to the appropriate authority for registration of the transfer. (2) The registration authority referred to in subparagraph (I) shall make such entries in the appropriate register as shall give effect to such transfer and, where applicable, issue the transferee concerned with a certificate of title in respect of the property or make necessary amendments to the register, as the case may be, and shall make endorsement on the deeds relating to the title, right or obligation concerned; and no registration fees, stamp duty or other duties shall be payable in respect thereof. Registration of property transferred t o Council from Government - 9
The Council and other persons get the same rights, powers, and remedies for related legal proceedings and applications when rights or liabilities vest in the Council.
9. (I) Without prejudice to the other provisions of this Act, where Legal any right, liability or obligation vests in the Council by virtue of this Act, the Council and all other persons shall, as from the appointed date, have the same rights, powers and remedies ( and in particular the proceedings 100 No.13 of 2003) National Councilfor Construction same rights as to the instituting or defending oflegal proceedings or the making or resisting ofapplications to any authority) for ascertaining, perfecting that right, liability or obligation as they would have had ifit had at all times been a right, liability or obligation of the Council. (2)Any legal proceedings or application or any authority pending immediately before the appointed date by or against the Government in respect of the former School may be continued by or against the Cowicil. (3 ) After the appointed date, proceedings in respect of any right, liability or obligation which was vested in, held, enjoyed, incurred or suffered by the Government in respect of the former School may be instituted by or against the Council. - 10 Verify source ↗
Terms of service of employees offonner School
The Council must appoint needed Public Service officers as School employees after the appointed date, with ministerial approval, and transferred officers cannot get worse service terms than before. Unengaged former School government कर्मचारियों are retained by the Government and redeployed or retired.
10. (I) On or after the appointed date, the Cowicil shall, on such terms and conditions as it may, with the approval of the Minister determine , appoint as employees of the Council forthe purposes of the School such public officers from the Public Service as may be necessary for the performance of the functions of the Council in relation to the School. (2) Where an officer from the Public Service is appointed to the service of the Cowicil- (a) the terms and the conditions of service with the Cowicil shall not be less favourable than those the officer enjoyed in the Public Service; and (b) the officer shall be deemed to have retired wider section thirty-nine of the Public Service Pensions Act. (3) On or after the appointed date employees bfthe Government in the former School who are not engaged by the Council under subsection (2) shall be retained by the Government and shall- (a) be redeployed in the service of the Government; or · (b) be retired under section thirty-nine of the Public Service Terms of service of em�loyees offormer School Act No. 35 ofl996 Act No. 35 ofl996 Pensions A ct. I I
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National Council for Construction Act, 2003
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