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Higher Education Loans and Scholarships Act, 2016

administrative procedureannual reportingappointmentsasset transferauditbank accountsboard administrationboard compositionboard fundsboard meetingsboard procedureboard proceduresboard proceedingscitationcommencementcommittee governancecompany sealcomplianceconflicts of interestcorporate powerscorporate secretarial functionsdefault and recovery of loansdelegationdirector appointmentdocument authenticationeducationeducation administrationeducation financeeligibilityemolumentsemployer deductionemployer informationemployer obligationsestablishmentfalse or misleading informationfeesfinancial governancefinancial recordkeepingfinancial statementsfinancial yearfund administrationfund managementfundingfunding conditionsgovernancegrants and donationshigher educationhigher education administrationhigher education loansinformation disclosureinstitutional governanceinternal procedureinvestment of moniesinvestmentslegal successionliabilityloan administrationloan beneficiariesloan deductionsloan insuranceloan or scholarship applicationsloan recordsloansmeeting governanceoathspensions and benefitsproperty transferpublic expenditurerecord keepingregistration of transfersregulatory powersremittance to boardremunerationrepaymentrepayment obligationsscholarship recordsscholarshipsself-employment repaymentstaff transferstaffingstatutory definitionsstudent applicationsstudent eligibilitystudent loan repaymentstudent loansstudy financetax treatmenttitle registration

Jurisdiction: Zambia
Structure: 43 provisions
Citation: Act 31 of 2016
Dates: Source version 10 Jun 2016

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Dates: Source version 10 Jun 2016

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“This provision gives the Act its short title and says it starts on a date appointed by the Minister by statutory instrument.”

This provision gives the Act its short title and says it starts on a date appointed by the Minister by statutory instrument. This section defines key terms used in the Act, including “appointed date,” “associate,” “Board,” “Director,” “student,” “loan,” and “scholarship.” This section establishes the Higher Education Loans and Scholarships Board as a body corporate. The Board controls its seal, the Secretary keeps it, and specified officers or authorised persons authenticate its use. The Board must carry out the listed loan, scholarship, and Fund management functions, and it may take additional operational steps when doing so.

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This provision gives the Act its short title and says it starts on a date appointed by the Minister by statutory instrument.

Section 1

Disclosure of interest

People at a Board or committee meeting must disclose a private interest in the matter as soon as practicable, and must not join the discussion or vote unless the Board or committee اجازت does otherwise.

Section 12

Application for loan or scholarship

A student seeking a loan or scholarship must apply to the Board in the prescribed manner and form. Giving false or misleading information to the Board in connection with such an application is an offence.

Section 22

Funds of Board

The Board may accept grants or donations, raise money, and invest unused funds, but the Minister must approve those actions.

Section 33

Pending proceedings and certain later proceedings about the Bursaries Committee may continue or be started by or against the Board instead of the Government.

Section 5

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Showing 43 of 43 provisions

Provision 34Offence 4Short title 3Commencement

Part

PART I

§ 12Short title

This provision gives the Act its short title and says it starts on a date appointed by the Minister by statutory instrument.

1. This Act may be cited as the Higher Education Loans and Scholarships Act, 2016, and shall come into operation on such date as the Minister may appoint by statutory instrument. Short title and Commen- cement

Section 1Verify source

§ 2Short title and commencementShort title

This section defines key terms used in the Act, including “appointed date,” “associate,” “Board,” “Director,” “student,” “loan,” and “scholarship.”

2. In this Act, unless the context otherwise requires— Interpretation “appointed date” means the date appointed by the Minister under section one; “associate” means— (a) a person’s nominee or employee; (b) a person’s conjugal partner or former spouse; (c) a firm of which a person, or the person’s nominee, is a partner or in charge or in control of its business or affairs; (d) a company in which a person or the person’s nominee, 646 No. 31 of 2016] Higher Education Loans and Scholarships is a director or is in charge or in control of its business or affairs, or in which the person, that person’s nominee, holds a controlling interest or shares amounting to more than thirty percent of the total share capital; or (e) the trustee of a trust, where— (i) the trust has been created by the person; or (ii) the total value of the assets contributed by the person before or after the creation of the trust, amounts at any time, to not less than twenty percent of the total value of the assets of the trust; “Board” means the Higher Education Loans and Scholarships Board established under section three; “Director” means the person appointed as Director under section ten; “committee” means a committee of the Board established under section eight; “continuing student” means a student who has passed the examinations necessary to enable the student to advance to the following year or stage of study; “Emoluments Commission” has the meaning assigned to it in Cap. 1 the Constitution; Act No. 4 of 2013 Act No. 4 of 2013 Act No. 4 of 2013 “extraordinary meeting” means a meeting convened at any time for special business of the Board; “Fund” means the Higher Education Loans and Scholarships Fund established under section sixteen; “Fund Manager” means a person appointed as such under section eighteen; “higher education” has the meaning assigned to it in the Higher Education Act, 2013; “Higher Education Authority” has the meaning assigned to it in the Higher Education Act, 2013; “higher education institution” has the meaning assigned to it in the Higher Education Act, 2013; “liability” means a debt, charge or obligation whether present or future, actual or contingent and whether payable or to be observed or performed in Zambia or elsewhere; “loan” means a loan granted to a student by the Board for the purpose of defraying the costs connected with the education at a local higher education institution, including costs Higher Education Loans and Scholarships [No. 31 of 2016 647 connected with the board and lodging of the student for the purposes of attending the higher education institution; “loan beneficiary” means a student or former student who is or was granted a loan under this Act; “member” means a member of the Board; “ordinary meeting” means a scheduled meeting of the Board; “relative” means— (a) a person’s son, daughter, brother, sister, nephew, niece, parent, uncle, aunt, grandparent or cousin; and (b) a person’s spouse or the spouse of any of the persons mentioned in paragraph (a); “repeating student” means a student who, for any reason, is compelled to repeat a term, semester or academic year; “scholarship” means an award granted to a student by the Board for the purpose of defraying the costs connected with the student’s education at a local or foreign higher education institution, including costs connected with the board and lodging of the student for the purpose of attending the higher education institution; “Secretary” means the person appointed as Secretary of the Board under section eleven; “student” means a Zambian admitted to, or registered as a student at, a local or foreign higher education institution as a candidate for a degree, diploma or doctorate; “Zambia Institute of Human Resources Management” means the Zambia Institute of Human Resources Management established under the Zambia Institute of Human Resources Management Act, 1997; and “Zambia Qualifications Authority” has the meaning assigned to it in the Zambia Qualifications Authority Act, 2011. PART II THE HIGHER EDUCATION LOANS AND SCHOLARSHIPS BOARD

Section 2Verify source

Part

PART II

§ 34Provision

This section establishes the Higher Education Loans and Scholarships Board as a body corporate.

3. There is established the Higher Education Loans and Scholarships Board which is 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. Act. No. 11 of 1997 Act. No. 13 of 2011 Establishment of Board 648 No. 31 of 2016] Higher Education Loans and Scholarships Seal of Board

Section 3Verify source

§ 45Provision

The Board controls its seal, the Secretary keeps it, and specified officers or authorised persons authenticate its use.

4. (1) The seal of the Board shall be such device as may be determined by the Board and shall be kept by the Secretary. Functions of Board (2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Secretary or any other person authorised in that behalf by a resolution of the Board. (3) A contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed without seal on behalf of the Board by the Secretary or any other person generally or specifically authorised by the Board in that behalf. (4) A document purporting to be a document under the seal of the Board or issued on behalf of the Board 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.

Section 4Verify source

§ 56Provision

The Board must carry out the listed loan, scholarship, and Fund management functions, and it may take additional operational steps when doing so.

5. (1) The functions of the Board are to— (a) receive and consider loan and scholarship applications from students for the award of loans and scholarships; (b) administer loans and scholarships for students; (c) determine the criteria and terms for the grant of loans and scholarships, and the rate of interest and recovery of loans; (d) establish systems to secure the repayment of loans by students and the efficient utilisation and application of scholarships; (e) monitor and evaluate the operations and performance of the Fund and ensure accountability of the Fund by determining appropriate procedures for its management; (f) formulate policies and guidelines for the control and management of monies for loans and scholarships and ensure their implementation; (g) formulate policies to determine— (i) the terms of disbursement of money from the Fund to students granted loans or scholarships by the Board; (ii) the maximum amount of money to be granted by the Fund to students granted loans or scholarships by the Board; and (iii) the sectors of the economy in which the monies of the Fund may be invested; Higher Education Loans and Scholarships [No. 31 of 2016 649 (h) establish structures and guidelines to ensure fairness in the disbursement and application of the Fund; (i) advise the Minister on policy matters concerning provision of scholarships and recovery of loans from loan beneficiaries; (j)promote the mobilisation of donations and grants from the public and private sectors for educational purposes and investment for purposes of the Fund; (k) provide financial advice in educational matters to higher education institutions, parents, students and investors in the education sector; (l) collaborate with organisations with similar functions within and outside Zambia; and (m) perform any other functions conferred on the Board by or under this Act or any other written law. (2) The Board may, in carrying out its functions under this Act — (a) cause to be kept and maintained a register and other records of students granted loans and scholarships by the Board; (b) determine the maximum number of eligible students to be granted loans and scholarships in a particular year based on availability of funds; (c) charge fees for services rendered by the officers and other employees of the Board; and (d) consider and approve its annual work plan, budget and estimates and monitor and review its financial statements.

Section 5Verify source

§ 67Offence

This section sets out how the Board is composed, who may or may not be appointed, how the chair and vice-chair are chosen, and when a member’s office ends.

6. (1) The Board consists of the following members appointed by the Minister: Composition of Board (a) one representative each of the Ministries responsible for— (i) higher education; (ii) finance; (iii) foreign affairs; and (iv) labour; (b) a representative of the Public Service Management Division; (c) a representative of the Attorney-General; (d) the Director-General of the Higher Education Authority; (e) the Director of the Zambia Qualifications Authority; 650 No. 31 of 2016] Higher Education Loans and Scholarships (f) a representative of the Bankers’ Association of Zambia; (g) a representative of the Zambia Federation of Employers; (h) a representative of the Zambia Institute of Human Resources Management; and (i) the Director, as an ex-officio member. (2) A person shall not be appointed as a member of the Board if that person— (a) is not a citizen of Zambia; (b) is an undischarged bankrupt; (c) has a mental or physical disability that makes the person incapable of performing the functions of a member; or (d) is convicted of an offence under this Act or any other written law and sentenced to imprisonment for a period exceeding six months without the option of a fine. (3) The Chairperson of the Board shall be appointed by the Minister. (4) The Board shall elect the Vice-Chairperson of the Board from amongst themselves. (5) A member of the Board shall hold office for a period of three years from the date of appointment and is eligible for re- appointment for one further term of three years. (6) A member may resign upon giving one month’s notice, in writing, to the Minister. (7) The office of member becomes vacant if the member— (a) dies; (b) is absent, without reasonable excuse, from three consecutive meetings of the Board of which the member had notice without the prior approval of the Board; (c) ceases to be a representative of the organisation which nominated the member; (d) is found guilty of professional misconduct by the relevant professional association or body; (e) is convicted of an offence and sentenced to imprisonment for a period exceeding six months without the option of a fine; (f)is mentally or physically incapable of performing the duties of a member; or (g) is declared bankrupt. Higher Education Loans and Scholarships [No. 31 of 2016 651 Proceedings of Board (8) The Minister shall, whenever the office of a member becomes vacant before the expiry of the term of office, appoint another person in place of that member but that person shall hold office as a member only for the unexpired part of the term.

Section 6Verify source

§ 78Provision

The Board may manage its own procedure and must meet at least once every three months. Six members form a quorum, minutes must be kept, and invited participants have no vote.

7. (1) Subject to the other provisions of this Act, the Board may regulate its own procedure. (2) The Board 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. (3) Six members shall form a quorum at a meeting of the Board. (4) There shall preside at a meeting of the Board— (a) the Chairperson; (b) in the absence of the Chairperson, the Vice-Chairperson; and (c) in the absence of the Chairperson and the Vice- Chairperson, such other member as the members present may elect for the purposes of that meeting. (5) A decision of the Board 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 that person’s deliberative vote. (6) Where a member is for any reason unable to attend a meeting of the Board, the member may, in writing, nominate another person from the same organisation to attend the meeting in that member’s stead and such person shall be deemed to be a member for the purpose of that meeting. (7) The Board may invite a person whose presence is in its opinion desirable to attend and to participate in the deliberations of the meeting of the Board, but that person shall have no vote. (8) The validity of any proceedings, acts or decisions of the Board shall not be affected by any vacancy in the membership of the Board or by any defect in the appointment of any member or by reason that any person not entitled to do so took part in the proceedings. (9) The Board shall cause to be kept minutes of its proceedings. 652 No. 31 of 2016] Higher Education Loans and Scholarships Committees

Section 7Verify source

§ 89Provision

The Board may set up committees, appoint their members, and delegate functions to them. Committee members serve for the period the Board तयetermines, and committees may regulate their own procedure subject to Board directions.

8. (1) The Board may, for the purpose of performing its functions under this Act, establish such committees as it considers necessary and delegate to any of those committees such of its functions as it considers fit. (2) The Board may appoint as members of a committee, persons who are or are not members of the Board, except that at least one member of the Board shall be a member of a committee. (3) A person serving as a member of a committee shall hold office for such period as the Board may determine. (4) Subject to any specific or general direction of the Board, a committee may regulate its own procedure. Emoluments

Section 8Verify source

§ 910. DirectorProvision

Board members and committee members are entitled to be paid emoluments set by the Emoluments Commission.

9. A member of the Board or any committee of the Board shall be paid such emoluments as the Emoluments Commission may determine. Director

Section 9Verify source

§ 10DirectorProvision

The Board must appoint a Director, who manages day-to-day administration, attends Board meetings, may speak at them, but cannot vote.

10. (1) The Board shall appoint a Director on such terms and conditions as the Board may determine. (2) The Director shall be the chief executive officer of the Board and shall be responsible, under the direction of the Board, for the day-to-day administration of the Board. (3) The Director shall attend meetings of the Board and may address those meetings but shall have no vote on any matter. Deputy Directors, Secretary and other staff

Section 10Verify source

§ 11Deputy Directors, Secretary and other staffProvision

The Board may appoint Deputy Directors, the Secretary, and other necessary staff. The Secretary must perform corporate secretarial duties and any other functions the Board तयines, under the Board’s and Director’s direction.

11. (1) The Board may appoint, on such terms and conditions as it may determine, Deputy Directors, the Secretary and such other staff as it considers necessary for the performance of the functions of the Board. Disclosure of interest (2) The Secretary shall perform corporate secretarial duties for the Board and such other functions as the Board may determine, under the direction of the Board and the Director.

Section 11Verify source

§ 12Disclosure of interestCommencement

12. (1) A person who is present at a meeting of the Board or any committee at which any matter is the subject of consideration, and in which matter that person or that person’s relative or associate is directly or indirectly interested in a private capacity shall, as soon as is practicable after the commencement of the meeting, declare such interest and shall not, unless the Board or the committee otherwise directs, take part in any consideration or discussion of, or vote on any question relating to that matter. Higher Education Loans and Scholarships [No. 31 of 2016 653 (2) A disclosure of interest made under subsection (1) shall be recorded in the minutes of the meeting at which it is made. (3) A person who contravenes subsection (1) commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both.

Section 12Verify source

§ 13Prohibition of publication or disclosure of information toOffence

A person must not disclose protected information obtained through duties under the Act unless the Board gives written consent, and disclosure must be in the course of that person’s duties.

13. (1) A person shall not, without the consent, in writing, given by or on behalf of the Board, publish or disclose to an unauthorised person, otherwise than in the course of duties of that person, the contents of a document, communication or information whatsoever, which relates to or which has come to the knowledge of that person in the course of that person’s duties under this Act. (2) A person who contravenes subsection (1) commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both. (3) A person who, having any information which to the knowledge of that person has been published or disclosed in contravention of subsection (1), unlawfully publishes or communicates the information to another person, commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both. Prohibition of publication or disclosure of information to unauthorised persons

Section 13Verify source

§ 14Oath on appointmentProvision

Board members, the Director, Deputy Directors, the Secretary, and other Board staff must take an oath when appointed.

14. (1) A member of the Board shall, on appointment, take an oath in accordance with the Official Oaths Act. Oath on appointment Cap. 5 (2) The Director, Deputy Directors, Secretary and other staff of the Board shall, on appointment, take an oath in accordance with the Official Oaths Act.

Section 14Verify source

§ 15ImmunityProvision

Board members, committee members, and staff are protected from legal proceedings for acts or omissions done in good faith while carrying out functions under the Act.

15. An action or other proceeding shall not lie or be instituted against a member, a member of a committee of the Board or a member of staff of the Board for or in respect of an act or thing done or omitted to be done in good faith in the performance of any of the functions conferred under this Act. PART III THE HIGHER EDUCATION LOANS AND SCHOLARSHIPS FUND Cap. 5 Immunity

Section 15Verify source

Part

PART III

§ 16Establishment of FundProvision

The Fund is established to provide student loans and scholarships, and it must be funded from listed sources.

16. (1) There is established the Higher Education Loans and Scholarships Fund to provide loans and scholarships to students who require financial assistance or who are recognised for academic excellence. Establishment of Fund 654 No. 31 of 2016] Higher Education Loans and Scholarships (2) Despite the generality of subsection (1), the Fund shall provide— (a) monies for granting loans to assist students to pursue higher education within Zambia; and (b) scholarships to assist students to pursue higher education within or outside Zambia. (3) The Fund shall consist of— (a) such monies as may be appropriated by Parliament for the purposes of the Fund; (b) such monies as are received by way of grants, gifts, endowments, fees, loan repayments, interest and donations; (c) monies that may vest in or accrue to the Fund; (d) charges and fees for services provided by the Board; and (e) subject to the approval of the Minister, monies raised by way of loans or interest accrued from any investment made by the Board. Disbursement from Fund

Section 16Verify source

§ 17Disbursement from FundProvision

The Fund may be spent only on amounts needed for the Fund’s objectives, with Board approval, and it must not be used for personal pay, personal loans, or unauthorized investment.

17. (1) There shall be paid from the Fund monies required to meet the objectives of the Fund as may be approved by the Board in accordance with section sixteen. Fund Manager and other staff Bank account (2) The Fund shall not be used to provide personal emoluments, personal loans or for investment in any manner other than that authorised under this Act or any other written law for the purposes of the Fund.

Section 17Verify source

§ 18Fund Manager and other staffProvision

The Board may appoint a Fund Manager with the Minister’s approval, and may also appoint other staff needed to assist the Fund Manager. The Fund Manager must report to the Director for administrative purposes.

18. (1) The Board may, with the approval of the Minister, appoint a Fund Manager to manage the affairs of the Fund. (2) The Board may appoint such other staff as the Board considers necessary to assist the Fund Manager. (3) The Fund Manager appointed under subsection (1) is responsible to the Board but shall report to the Director for administrative purposes.

Section 18Verify source

§ 19Bank accountProvision

Fund monies must be kept in a dedicated bank account with a registered bank, be index-linked, and related interest and income are tax free if the Minister responsible for finance approves.

19. (1) The monies forming part of the Fund shall, pending the investment or application of the monies in accordance with this Act, be paid or transferred into a dedicated bank account with a registered bank. (2) The monies of the Fund shall be index- linked. (3) The interest and income earned on the cash deposits of the Fund shall, subject to the approval of the Minister responsible for finance, be tax free. Higher Education Loans and Scholarships [No. 31 of 2016 655

Section 19Verify source

§ 20Investment of FundProvision

The Board may invest Fund money that is not immediately needed, but only with the Minister’s approval and in writing.

20. The Board may, with the approval of the Minister, invest any monies of the Fund that are not immediately required for the purposes of the Fund in the manner authorised by the Minister, in writing. Investment of Fund PART IV ADMINISTRATION OF LOANS AND SCHOLARSHIPS (1) A student is eligible for consideration for a loan if the

Section 20Verify source

Part

PART IV

§ 21Eligibility for loan or scholarshipProvision

A student qualifies only if enrolled or registered at a higher education institution in Zambia for at least one academic year and meets any other conditions set by the Minister.

21. student— (a) is admitted to, or registered as a student at, a higher education institution within Zambia for a course of at least one academic year’s duration; and (b) satisfies such other conditions as the Minister may prescribe by statutory instrument. (2) A student is eligible for consideration for a scholarship if the student satisfies such conditions as the Minister may prescribe by statutory instrument. Eligibility for loan or scholarship

Section 21Verify source

§ 22Application for loan or scholarshipOffence

22. (1) A student who wishes to be considered for the grant of a loan or scholarship shall apply to the Board in the prescribed manner and form. Application for loan or scholarship (2) A person who, in connection with an application for a loan or scholarship, gives false or misleading information to the Board, commits an offence and is liable, upon conviction, to a fine not exceeding five hundred thousand penalty units or to a term of imprisonment not exceeding five years, or to both.

Section 22Verify source

§ 23Consideration of, and decision on, application for loan orProvision

The Board must decide on each loan or scholarship application within 45 days after the application period closes, and must tell the applicant its decision within 7 days after making that decision.

23. (1) The Board shall, within forty-five days from the date of the closure of the application period, consider applications for loans or scholarships and make a determination granting or not granting a loan or scholarship in respect of each application. (2) The Board shall inform an applicant of its decision on the application within seven days from the date of making the determination referred to in subsection (1). Consideration of, and decision on, application for loan or scholarship

Section 23Verify source

§ 24Extent of loan or scholarshipProvision

A student loan or scholarship must not exceed specified yearly components, and the Board must pay student fees directly to the institution and may set repayment timing when granting a loan.

24. (1) Subject to the provisions of this Act, a loan or scholarship granted to a student shall not exceed the aggregate of— Extent of loan or scholarship (a) the fees payable to the higher education institution per academic year; (b) a prescribed sum of money per academic year to assist in defraying the cost of books and other supplies required by the student in the student’s faculty or department at the higher education institution; and 656 No. 31 of 2016] Higher Education Loans and Scholarships Conditions of loans and scholarships Loans and scholarships offices at higher education institutions (c) a living allowance in the prescribed amount per academic year. (2) The fees or other charges that are payable to a higher education institution by a student granted a loan or scholarship shall be paid by the Board directly to the institution. (3) The Board shall, in granting a loan to a student, require repayment of the loan at such times within such periods as the Board may determine.

Section 24Verify source

§ 25Conditions of loans and scholarshipsProvision

The Board may set conditions on a loan or scholarship it grants. A loan or scholarship must be for a particular course of study and not used for any other purpose.

25. (1) A loan or scholarship granted by the Board may be subject to such conditions as the Board may determine. (2) A loan or scholarship shall be granted in respect of a particular course of study and shall not be used for any other purpose.

Section 25Verify source

§ 26Loans and scholarships offices at higher educationProvision

The Board may set up and run an office at a higher education institution to handle student loans and scholarships.

26. (1) The Board may, in consultation with a higher education institution, operate an office at the higher education institution for purposes of administering loans and scholarships to students of that higher education institution. (2) The office referred to in subsection (1) may, on behalf of the Board— (a) administer loans and scholarships granted to students admitted to, or registered at, the institution; (b) receive loan and scholarship applications from students admitted to, or registered at, the institution; (c) consider and assess applications using the criteria for the granting of loans and scholarships determined by the Board; (d) grant loans and scholarships if the criteria are met, after ascertaining that funds are available; and (e) enter into written agreements with students granted loans or scholarships on terms and conditions determined by the Board. Obligations and liability of loan beneficiary

Section 26Verify source

§ 27Obligations and liability of loan beneficiaryProvision

A loan beneficiary must repay the loan and related charges, give the Board a contact address, start repayment within the stated period, and in some cases authorize employer deductions or remit payments if self-employed. The beneficiary may also repay early.

27. (1) Subject to this section, a loan beneficiary shall repay the loan and any interest or other additional charges accruing on the loan in accordance with the loan agreement entered into between the Board and student. (2) A loan beneficiary may repay the loan wholly or in part before the due date. Higher Education Loans and Scholarships [No. 31 of 2016 657 (3) A loan beneficiary shall, in accordance with this Act or any other written law, within one year after completion of the studies in respect of which the loan was granted or within such period as the Board may determine— (a) inform the Board of the beneficiary’s contact address; (b) begin repayment of the loan together with any interest accrued on the loan; and (c) if the loan beneficiary is in formal employment, authorise the employer to deduct the loan repayment and to remit it to the Board in such manner as the Board may direct. (4) A loan beneficiary who is self-employed in any trade, occupation or profession upon completion of the studies in respect of which the loan was granted or upon termination of such studies for any reason shall, not later than twelve months after the completion or termination of studies or engagement in self- employment, remit to the Board such amounts of money as the Board may determine for the purpose of settling the loan. (5) A failure by a loan beneficiary to comply with the obligations specified in this section renders the loan immediately repayable.

Section 27Verify source

§ 28Obligations of employerOffence

If the Board gives notice, the employer must deduct loan repayments from the borrower’s pay and send the deducted amount to the Board.

28. (1) The Board may, by written notice, inform the employer of a loan beneficiary— (a) that the loan beneficiary is indebted to the Board on account of a loan granted by the Board to the loan beneficiary; and (b) concerning the deductions that the employer has to make from the remuneration of the loan beneficiary. (2) An employer who is given notice under subsection (1) shall make deductions from the remuneration payable by the employer to the loan beneficiary in accordance with prescribed scales. (3) An amount deducted by an employer under subsection (2) shall be paid to the Board and the amount so paid over shall be regarded as a proportionate discharge of the loan by the loan beneficiary. (4) An employer who fails to make a deduction and payment in accordance with this section is liable to a penalty equal to ten percent of the total amount of the repayment for each month that the loan remains unpaid. (5) The Board shall bear the administration costs for the deductions made by the employer. Obligations of employer 658 No. 31 of 2016] Higher Education Loans and Scholarships Obligation of Zambia Revenue Authority Cap. 323 Default and recovery of loans Record of loans and scholarships Loan insurance scheme

Section 28Verify source

§ 29Obligations of Zambia Revenue AuthorityProvision

The Zambia Revenue Authority must give the Board the name and address of a loan beneficiary’s employer when the Board asks, if the Authority knows that information.

29. Notwithstanding the provisions of the Income Tax Act on confidentiality of taxpayer’s information, the Zambia Revenue Authority shall, at the request of the Board, furnish the Board with the names and address of the employer of a loan beneficiary, if such information is known to the Zambia Revenue Authority.

Section 29Verify source

§ 30Default and recovery of loansProvision

If a loan beneficiary defaults, the Board may list them as a defaulting debtor, and the Board must notify them, give them a chance to pay arrears, and take recovery steps.

30. (1) Where a loan beneficiary fails to make repayments, in accordance with the loan agreement, the Board may place the loan beneficiary’s name on a list of defaulting debtors published by any person or body whose business it is to compile and publish such lists. (2) The Board shall, before placing a loan beneficiary on a list referred to in subsection (1)— (a) notify the loan beneficiary of the failure to make repayments and the intention of the Board to act in terms of subsection (3); and (b) afford the loan beneficiary a reasonable opportunity to pay the amount in arrears on the loan. (3) A debt owed by a loan beneficiary who defaults on repayment of the loan is recoverable as a civil debt owing to the Board. (4) The Board shall, for the purpose of repayment of a loan — (a) enforce the debt incurred by a loan beneficiary in accordance with the applicable laws; (b) where a loan beneficiary is outside Zambia, request the Zambian mission in the country in which the defaulting loan beneficiary is located to assist in repatriating the funds owing at the loan beneficiary’s own expense; and (c) add any expenses incurred by the Board and other necessary costs of a defaulting loan beneficiary to the amount loaned.

Section 30Verify source

§ 31Record of loans and scholarshipsProvision

The Board must keep records of loan and scholarship applications, grants, awards, and related information for at least 10 years after loan repayment.

31. The Board shall keep and maintain a record of the loan and scholarship applications and grants and awards and related information for a minimum period of ten years from the date of the repayment of the loan.

Section 31Verify source

§ 32Loan insuranceProvision

The Board must insure loans under the Act, the loan beneficiary pays the insurance premium, and the Board may appoint a loan insurance provider.

32. (1) The Board shall insure loans granted under this Act against such risks as the Board may determine. (2) The insurance premium payable under this section shall be borne by the loan beneficiary. (3) The Board may appoint a loan insurance provider on such terms and conditions as the Board considers necessary. Higher Education Loans and Scholarships [No. 31 of 2016 659 PART V FINANCIAL PROVISIONS (1) The funds of the Board shall consist of such monies

Section 32Verify source

Part

PART V

§ 33Funds of BoardProvision

The Board may accept grants or donations, raise money, and invest unused funds, but the Minister must approve those actions.

33. as may— Funds of Board (a) be appropriated to the Board by Parliament; (b) be paid to the Board by way of grants or donations; or (c) vest in or accrue to the Board. (2) The Board may, subject to the approval of the Minister— (a) accept monies by way of grants or donations from any source within or outside Zambia; and (b) raise by way of loans or otherwise, such monies as it may require for the discharge of its functions. (3) There shall be paid from the funds of the Board— (a) the emoluments of the members and staff of the Board; (b) such travelling and other allowances for the members and the members of a committee when engaged on the business of the Board, at such rates as the Emoluments Commission may approve; and (c) any other expenses incurred by the Board in the performance of its functions under this Act. (4) The Board may, with the approval of the Minister, invest in such manner as it considers appropriate such funds of the Board that it does not immediately require for the discharge of its functions.

Section 33Verify source

§ 34Financial yearProvision

The Board’s financial year is 12 months long and ends on 31 December each year.

34. The financial year of the Board shall be a period of twelve months ending on 31st December in each year.

Section 34Verify source

§ 35Accounts and auditProvision

The Board must keep proper accounts and records, have its accounts audited annually, and pay the Auditor General’s fees.

35. (1) The Board shall cause to be kept proper books of accounts and other records relating to its accounts. (2) The accounts of the Board shall be audited annually by the Auditor General or an auditor appointed by the Auditor General. (3) The Auditor General’s fees shall be paid by the Board. Financial year Accounts and audit

Section 35Verify source

§ 36Annual reportProvision

The Board must send an annual report to the Minister within 90 days after the financial year ends, and the report must include financial information and specified audited statements.

36. (1) As soon as practicable, but not later than ninety days from the end of the financial year, the Board shall submit to the Minister a report concerning its activities during the financial year. Annual report (2) The report referred to in subsection (1) shall include information on the financial affairs of the Board and there shall be appended to the report— 660 No. 31 of 2016] Higher Education Loans and Scholarships (a) an audited balance sheet; (b) an audited statement of comprehensive income; and (c) such other information as the Minister may require. (3) The Minister responsible for finance shall cause to be prepared an annual statement of the income and expenditure of the Board to be laid before the National Assembly. PART VI GENERAL PROVISIONS Regulations

Section 36Verify source

Part

PART VI

§ 37RegulationsProvision

The Minister may make regulations by statutory instrument to carry out the Act.

37. (1) The Minister may, by statutory instrument, make regulations for the better carrying out of the provisions of this Act. (2) Despite the generality of subsection (1), the regulations made under that subsection may prescribe the— (a) manner and form of applying for a loan or scholarship; (b) loan application fees or other charges for loans; (c) form of register to be maintained by the Board; (d) form of insurance scheme to be established and the application of the scheme; (e) modalities of ensuring the efficient and effective recovery of loans; and (f) measures for tracing loan beneficiaries for purposes of ensuring the repayment of loans.

Section 37Verify source

§ 38Savings and transitional provisionsProvision

The savings and transitional provisions are set out in the Schedule.

38. The savings and transitional provisions are as set out in the Schedule. Savings and transitional provisions Higher Education Loans and Scholarships [No. 31 of 2016 661 SCHEDULE (Section 38) SAVINGS AND TRANSITIONAL PROVISIONS

Section 38Verify source

Part

SCHEDULE

§ 12Provision

The Bursaries Committee is dissolved on the appointed date.

1. The Bursaries Committee constituted pursuant to the Education (Bursaries Committee) Regulations, 1973, shall stand dissolved on the appointed date.

Section 1Verify source

§ 2Short title and commencementShort title

The Minister may approve staff-transfer arrangements by statutory instrument after the appointed date.

2. (1) On or after the appointed date, the Minister may, by statutory instrument, approve arrangements under which all or some of the public officers from the Bursaries Committee shall be transferred to the Board from the public service. (2) Where a person is transferred in accordance with the arrangements made under subparagraph (1), the terms and conditions of that person with the Board shall be no less favourable than those applicable while in the public service, and for the purposes of determining rights to, or eligibility for, any pension, gratuity, leave or other benefits, the pensionable service of that person with the public service shall be treated as continuous service. Dissolution of Bursaries Committee S. I. No. 182 of 1973 Transfer of staff

Section 2Verify source

§ 34Substitution

The provision transfers the Bursaries Committee’s affairs, property, rights, and obligations to the Board on or after the appointed date.

3. (1) On or after the appointed date, there shall be transferred to, vest in and subsist against the Board by virtue of this Act and without further assurance— Vesting of assets and liabilities (a) the affairs of the Bursaries Committee; and (b) subject to this Act, all property, rights and obligations which immediately before the appointed date were the property, rights and obligations of the Government in respect of Bursaries Committee. (2) Except as provided in this Act, every deed, bond and agreement, other than an agreement for personal service, to which the Government was a party immediately before the appointed date in respect of the Bursaries Committee, whether or not of such a nature that rights and obligations under it could be assigned shall, unless its subject matter or terms make it impossible that it should have effect as modified, as provided under this paragraph, have effect as from the date of its assignment as if— (a) the Board had been party to it; (b) for a reference to the Government there were substituted, with respect to anything falling to be done on or after the appointed date, a reference to the Board; or (c) for a reference to an officer of the Bursaries Committee, not being a party to it and beneficially interested in it, 662 No. 31 of 2016] Higher Education Loans and Scholarships Registration of property Legal proceedings there were substituted, with respect to anything falling to be done on or after the appointed date, a reference to such officer of the Board as the Board shall designate.

Section 3Verify source

§ 45Provision

The Board must apply in writing to register the transfer, and the registration authority must make the register entries and related endorsements needed to give effect to it.

4. (1) Where under this Act, any property, rights or obligations of the Government through the Bursaries Committee are deemed to be transferred to the Board in respect of which transfer a written law provides for registration, the Board shall make an application, in writing, to the appropriate registration authority for registration of the transfer. (2) The registration authority referred to in subparagraph (1), shall make such entries in the appropriate register as shall give effect to the transfer and, where applicable, issue to the transferee concerned a certificate of title in respect of the property or make necessary amendments to the register and shall endorse the deeds relating to the title, right or obligation concerned and registration fees or other duties shall not be payable in respect of the transaction.

Section 4Verify source

§ 56Provision

Pending proceedings and certain later proceedings about the Bursaries Committee may continue or be started by or against the Board instead of the Government.

5. (1) Any legal proceeding or application pending immediately before the appointed date by or against the Government in respect of the Bursaries Committee may be continued by or against the Board. (2) After the appointed date, proceedings in respect of any right or obligation which was vested in, held, enjoyed, incurred, suffered by, or sustained against the Government in respect of the Bursaries Committee, may be instituted by or against the Board.

Section 5Verify 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

1 instrument

Board to be laid before the National Assembly. PART VI GENERAL PROVISIONS Regulations
Section 36

G–M

3 instruments

Government in respect of Bursaries Committee. (2) Except as provided in this Act
Section 3
Human Resources Management established under the Zambia Institute of Human Resources Management Act, 1997
Section 2
Income Tax Act
Section 29

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10 Jun 2016 · currentEnglish

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Higher Education Loans and Scholarships Act, 2016

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