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Agricultural Institute of Zambia Act, 2017

This section gives the Act its short title and says it starts on a date set by the Minister by statutory instrument. This section defines key terms used in the Act, including agricultural by-product, agricultural…

advisory functionsagricultureallowancesannual reportingapplication processingappointmentsaudit feesboard functionsboard governanceboard membershipbooks of accountsbranchesbudget oversightcertificationcertified extractscommittee powerscommittee proceedingscommittee reportingcommitteescomplaintscomplianceconduct regulationconfidentialityconflict of interestconstitutioncorporate capacitycouncil compositiondisciplinary actiondisciplinary proceedingsdisclosure of interestdispute resolutiondocument authenticationduplicate certificate applicationeligibilityEmployment lawemployment termsestablishmentevidencefeesfinancial auditsfinancial reportingfitness to practisefitness to registerfraudfund handlinggovernancegovernment reportinggrants and donationshearing procedurehearingsimmunityindustry standardsinformation disclosureinspectioninstitutional governanceinvestigationsinvestmentBusiness registrationloansmeeting proceduremeetingsmembershipmembership classesmembership qualificationsminutesmisrepresentationoffice bearerspolicy approvalpractising certificatesprofessional conductprofessional disciplineprofessional misconductprofessional practiceprofessional registrationprofessional regulationprofessional standardsprofessional title usepublic administrationpublic inspectionquorumrecord keepingrecordsrecords and certificatesregister administrationregister publicationregisters and record-keepingregistrar issuanceregistrationregulatory complianceregulatory powersrenewal feesrulemakingseal administrationservice feesstaff appointmentsummonssuspension and cancellation of registrationterm of officevacancy and replacementvoting
Jurisdiction
Zambia
Structure
63 provisions
Citation
Act 2 of 2017
Dates
As at 13 Apr 2017
More statute details
Dates
As at 13 Apr 2017

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01

Purpose and legislative effect

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

This section gives the Act its short title and says it starts on a date set by the Minister by statutory instrument. This section defines key terms used in the Act, including agricultural by-product, agricultural facility, agricultural product, agricultural professional, agriculture, and allied discipline. The Agricultural Institute of Zambia is established as a body corporate with perpetual succession and a common seal, and it may do the acts a body corporate may lawfully do, subject to this Act. Rules for the Institute’s seal: the Council determines the seal’s device, the Registrar keeps it, specified officers authenticate its affixing, and some Institute contracts or instruments may be made without a seal. The Institute may register agricultural professionals, regulate their conduct, set qualification standards, investigate misconduct, impose necessary sanctions, and advise Government on agricultural-profession matters.

02

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Short title and commencement

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

Section 1

Application for registration as agricultural professional

A person must apply to the Board for registration as an agricultural professional in the prescribed form and pay the prescribed fee. The Board may set different fees, decide the application within 30 days, and must tell the applicant the reasons if it rejects…

Section 18

Appeal to High court

A person aggrieved by a decision of the Disciplinary Committee may appeal to the High Court.

Section 49

Deputy Registrar and other staff

The Institute must submit an annual report to the Minister within three months after each financial year, and the Minister must table it before the National Assembly within 30 days after the Assembly’s next sitting following receipt.

Section 11

04

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Source record from zambialii.org · As at 13 Apr 2017

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Showing 63 of 63 provisions

Provision 42Offence 14Short title 2Interpretation 2

Part

PART I

§ 1Short title and commencementShort title

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

1. This Act may be cited as the Agricultural Institute of Zambia Act, 2017, and shall come into operation on the date determined by the Minister by statutory instrument. Short title and commencement
Section 1Verify source
§ 2InterpretationInterpretation

This section defines key terms used in the Act, including agricultural by-product, agricultural facility, agricultural product, agricultural professional, agriculture, and allied discipline.

2. In this Act, unless the context otherwise requires— Interpretation “ agricultural by-product ” means a material arising from processing an agricultural product and is not meant for direct human consumption; “ agricultural facility ” means an educational institution, research station, laboratory or a related facility providing services in a field of agriculture; “ agricultural product ” means a material arising from the cultivation of plants and fungi for food, fibre, bio-fuel and medicinal plants and production of animals, and includes a product used to sustain and enhance human life; “ agricultural professional ” means a scientist, technician or craftsperson in the science of agriculture, but excludes a veterinary professional or para-veterinary professional; “ agriculture ” means the practice, science and application of scientific and technological principles in animal and plant production; “ allied discipline ” means a discipline determined as such by the Council; 46 No. 2 of 2017] Agricultural Institute of Zambia Act No. 27 of 2010 Act No. 3 of 2012 “ animal ” has the meaning assigned to it in the Animal Health Act, 2010; “ associate ” has the meaning assigned to it in the Anti- Corruption Act, 2012; “ Board ” means the Agricultural Registration Board established under section 13; “ certificate of registration ” means the certificate of registration issued under section 19; “ code of ethics ” means the code of professional conduct adopted and published by the Institute for the purposes of this Act; “ constitution ” means the constitution of the Institute; “ Council ” means the Agricultural Council of the Institute constituted under section 8; “ Deputy Registrar ” means a person appointed as Deputy Registrar under section 11; “ Disciplinary Committee ” means the Disciplinary Committee constituted under section 43; “ Fellow ” means a person registered as such under this Act; “ Institute ” means the Agricultural Institute of Zambia established under section 3; “ institution ” means an industry dealing with, or organisation providing a service in, agricultural products or by-products; “Member” means a person registered as a member of the this Act, Institute in accordance with the provisions of and “membership” shall be construed accordingly; “ plant ” means a crop, algae, fungi, seed and any related material produced as a food crop, cash crop, fibre or flower or produced for an aesthetic purpose or genetic conservation; “ practice ” means the practice as a professional in an agricultural field and provision of a service to a third party for remuneration and “practising” shall be construed accordingly; “ practising certificate ” means a certificate issued under section 25; Agricultural Institute of Zambia [No. 2 of 2017 47 “ President ” means the person elected President of the Council pursuant to section 8; “ professional misconduct ” has the meaning assigned to it in section 41; “ Register ” means the Register of certificates of registration and practising certificates established under section 36; “Registrar” means a person appointed as Registrar under section 10; “ relative ” has the meaning assigned to it in the Anti- Corruption Act, 2012; Act No. 3 of 2012 “ student ” means a person who is enrolled at a higher education institution recognised by the Institute and undergoing training in the agricultural profession or allied discipline; and “ Vice-President ” means the person elected Vice- President of the Council pursuant to Section 8. PART II THE AGRICULTURAL INSTITUTE OF ZAMBIA
Section 2Verify source
§ 1Short title and commencementShort title

Council members serve three-year terms, may be re-elected once for a final three-year term, can stay on briefly after expiry until a replacement is chosen (up to four months), and vacancies must be filled by the Council.

1. (1) A member of the Council shall, subject to the provisions of this Act, hold office for a term of three years and may be re- elected for a further and final term of three years. (2) A member shall, upon the expiration of the term for which the member is elected or nominated, continue to hold office until another member is elected or nominated, but in no case shall any extension of the period exceed four months. (3) The office of a member becomes vacant if the member— (a) dies; (b) is adjudged bankrupt under any law; (c) is absent from three consecutive meetings of the Council of which the member had notice, without the prior approval of the Council; (d) resigns, by notice in writing, to the Council; (e) becomes mentally and physically incapable of performing duties as a member; (f) is found guilty of professional misconduct; (g) is de-registered under this Act: or (h) is convicted of an offence under this Act or any other written law and sentenced to imprisonment without the option of a fine. (4) The Council shall, where there is a vacancy in the membership of the Council before the expiry of the term of office, appoint another person to replace the member who vacates office, but that person shall only hold office for the remainder of the term.
Section 1Verify source
§ 2InterpretationInterpretation

The Council must meet at least every three months, can be called by the President on 14 days’ notice, needs eight members for a quorum, and must keep minutes.

2. (1) Subject to the other provisions of this Act, the Council may regulate its own procedure. (2) The Council shall meet for the transaction of business at least once in every three months at such places and times as the Council may determine. (3) A meeting of the Council may be called by the President upon giving notice of not less than fourteen days, and shall be called if one third of the members so request in writing, except that Proceeding of Council Agricultural Institute of Zambia [No. 2 of 2017 67 if the urgency of a particular matter does not permit the giving of notice, a special meeting may be called upon giving a shorter notice. (4) Eight members shall constitute a quorum at a meeting of the Council. (5) There shall preside at a meeting of the Council— (a) the President; (b) in the absence of the President, the Vice-President; or (c) in the absence of the President and Vice-President, such other member as the members present may elect for the purpose of that meeting. (6)Adecision of the Council on any question shall be by a majority of the members present and voting at the meeting and, in the event of an equality of votes, the person presiding at the meeting shall have, in addition to a deliberative vote, a casting vote. (7) The Council may invite a person whose presence is, in its opinion, desirable to attend and participate in the deliberations of a meeting of the Council, 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 the membership of the Council or any defect in the appointment of any member or by reason that any person not entitled to do so, took part in the proceedings. (9) The Council shall cause minutes to be kept of the proceedings of every meeting of the Council and any committee established by the Council.
Section 2Verify source
§ 3Establishment of Agricultural Institute of ZambiaProvision

The Council may form a committee, delegate functions to it, appoint members (including non-Council members), and the committee may set its own procedure subject to Council directions.

3. (1) The Council may, for the purpose of performing its functions under this Act, constitute a committee and delegate to the committee such functions of the Council as it considers necessary. (2) The Council may appoint as members of a committee constituted under sub-paragraph (1), persons who are, or are not, members of the Council, except that at least one member of the Council shall be a member of a committee. (3) A member of a committee shall hold office for such period as the Council may determine. (4) Subject to any specific or general direction of the Council, a committee constituted under this paragraph may regulate its own procedure. Committees 68 No. 2 of 2017] Agricultural Institute of Zambia Allowances
Section 3Verify source
§ 4Seal of InstituteProvision

Council members and committee members are to be paid allowances, and the Council decides the amount.

4. A member of the Council or a committee of the Council shall be paid allowances that the Council may determine. Disclosure of interest
Section 4Verify source
§ 5Functions of InstituteCommencement

A member with a private interest in a matter being considered at a Council or committee meeting must disclose that interest promptly and must not take part in the discussion or vote unless the Council or committee directs otherwise.

5. (1) A member who is present at a meeting of the Council or a committee of the Council at which a 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, disclose the interest and shall not, unless the Council or committee of the Council otherwise directs, take part in any consideration or discussion of, or vote on, any question relating to that matter. (2) A disclosure of interest made under this paragraph shall be recorded in the minutes of the meeting at which the disclosure is made. Prohibition of publication or disclosure of information to unauthorised persons
Section 5Verify source
§ 6Constitution of InstituteOffence

A person must not disclose protected information without written consent from or on behalf of the Institute, except in the course of that person's duties.

6. (1) A person shall not, without the consent, in writing, given by or on behalf of the Institute, publish or disclose to an unauthorised person, otherwise than in the course of that person’s duties, the contents of a document, communication or information which relates to, and which comes 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 is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both. (3) A person who, having information which to the knowledge of that person has been published or disclosed in contravention of subparagraph (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 period not exceeding two years, or to both.
Section 6Verify source
§ 7Meetings of InstituteProvision

No action or proceeding may be brought against specified Council or Institute staff for acts or omissions done in good faith while carrying out functions under the Act.

7. An action or other proceeding shall not lie or be instituted against a member of the Council or a committee of the Council, or a member of staff of the Institute, for or in respect of an act or thing done or omitted to be done in good faith in the exercise or performance of any function conferred under this Act. PART II FINANCIAL PROVISIONS Immunity Funds of Institute
Section 7Verify source

Part

PART II

§ 3Establishment of Agricultural Institute of ZambiaProvision

The Agricultural Institute of Zambia is established as a body corporate with perpetual succession and a common seal, and it may do the acts a body corporate may lawfully do, subject to this Act.

3. (1) There is established the Agricultural Institute of Zambia which is body corporate with perpetual succession and a common seal, capable of suing and 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. (2) The provisions of the Schedule apply to the Institute.
Section 3Verify source
§ 4Seal of InstituteProvision

Rules for the Institute’s seal: the Council determines the seal’s device, the Registrar keeps it, specified officers authenticate its affixing, and some Institute contracts or instruments may be made without a seal.

4. (1) The seal of the Institute shall be such device as may be determined by the Council and shall be kept by the Registrar. (2) The affixing of the seal shall be authenticated by the President or Vice-President and the Registrar or any other person authorised in that behalf by a resolution of the Council. (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 Institute by the Registrar or any other person generally or specifically authorised by the Council in that behalf. (4) A document purporting to be a document under the seal of the Institute or issued on behalf of the Institute 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
§ 5Functions of InstituteProvision

The Institute may register agricultural professionals, regulate their conduct, set qualification standards, investigate misconduct, impose necessary sanctions, and advise Government on agricultural-profession matters.

5. The functions of the Institute are to— (a) register agricultural professionals and regulate their professional conduct; (b) promote the agricultural profession in Zambia; Establish- ment of Agricultural Institute of Zambia Seal of Institute Functions of Institute 48 No. 2 of 2017] Agricultural Institute of Zambia (c) recommend the development and maintenance of appropriate standards of qualification in the agricultural profession to the Higher Education Authority and the Zambia Qualifications Authority; (d) promote and encourage internationally accepted agricultural practice standards in Zambia; (e) undertake research in agricultural policy-related issues; (f) investigate allegations of professional misconduct and impose such sanctions as may be necessary; (g) advise Government on matters relating to the agricultural profession; (h) promote the advancement of science and technology in agriculture for the improvement of quality of human, animal and plant life; (i) promote and recognise agricultural scientists and award them accordingly; (j) promote alternative dispute resolution mechanisms for disputes in the agricultural profession; (k) collaborate with private and State institutions on matters relating to the agricultural profession; and (l) do all such other things as are necessary or incidental to the performance of its functions under this Act. Constitution of Institute
Section 5Verify source
§ 6Constitution of InstituteAmendment

The Institute must adopt a constitution by a two-thirds vote at a general meeting, and it may amend the constitution in the same way.

6. (1) The Institute shall, by a vote of at least two-thirds of the members voting at a general meeting of the Institute, adopt a constitution and may, in the like manner, amend it. (2) Subject to this Act, the constitution shall regulate the conduct of the affairs of the Institute. (3) Subject to subsection (1), the constitution shall provide for the following matters— (a) the meetings of the Institute, including the delivery and sufficiency of notices of the meetings, the quorum, voting, adjournment and other matters of procedure or conduct of the meeting; (b) the election, qualifications and tenure of the President, Vice-President and other office bearers; Agricultural Institute of Zambia [No. 2 of 2017 49 (c) the composition, functions, powers and procedures of the committees of the Institute; (d) the establishment, powers and functions of the branches of the Institute; and (e) any other matter as the membership may determine.
Section 6Verify source
§ 7Meetings of InstituteProvision

The Institute may regulate its own procedure, its meetings must follow the constitution, and absence from a meeting does not affect the validity of its proceedings, acts, or decisions.

7. (1) Subject to this Act, the Institute may regulate its own procedure. (2) The meetings of the Institute shall be conducted in accordance with the provisions of the constitution. (3) The validity of any proceedings, act or decision of the Institute shall not be affected by any person’s absence from any meeting of the Institute. PART III THE AGRICULTURAL COUNCIL Meetings of Institute
Section 7Verify source
§ 8Constitution of CouncilProvision

The Institute’s funds come from fees, grants, donations, and money that vests in or accrues to it. The Institute may accept grants or donations with the Minister’s approval, borrow money, collect service fees under the regulations, and the Council may invest unused funds.

8. (1) The funds of the Institute shall consist of such monies as may— (a) be paid to the Institute by way of fees, grants or donations; or Agricultural Institute of Zambia [No. 2 of 2017 69 (b) vest in or accrue to the Institute. (2) The Institute may, subject to the approval of the Minister — (a) accept money by way of grants or donations from any source in or outside Zambia; (b) raise by way of loans or otherwise, monies that the Institute may require for the discharge of its functions; or (c) in accordance with the regulations made under this Act, and collect fees for services provided by the charge Institute. (3) There shall be paid from the funds of the Institute— (a) the salaries, allowances and loans of members of staff of the Institute; (b) reasonable travelling, transport and subsistence allowances for members of the Council or any committee when engaged in the business of the Institute at the rates approved by the Council; and (c) any other expenses incurred by the Council or a committee in the performance of the functions under this Act. (4) The Council may invest, in such manner as it thinks fit, funds that the Institute does not immediately require for the performance of the Institute’s functions.
Section 8Verify source
§ 9Functions of CouncilProvision

The Institute’s financial year runs for 12 months and ends on 31 December each year.

9. The financial year of the Institute shall be the period of twelve months ending on 31st December in each year.
Section 9Verify source
§ 10RegistrarProvision

The Institute must keep proper accounting books and records, have its annual accounts audited by an Auditor appointed by the Council, and pay the Auditor’s fees.

10. (1) The Institute shall cause to be kept proper books of accounts and other records relating to the Institute’s accounts. (2) The accounts of the Institute for each financial year shall be audited by an Auditor appointed by the Council. (3) The Auditor’s fees shall be paid by the Institute. Financial year Accounts and audits
Section 10Verify source
§ 11Deputy Registrar and other staffProvision

The Institute must submit an annual report to the Minister within three months after each financial year, and the Minister must table it before the National Assembly within 30 days after the Assembly’s next sitting following receipt.

11. (1) As soon as practicable, but not later than three months after the expiry of each financial year, the Institute shall submit to the Minister a report concerning its activities during the financial year. Annual report (2) The report of the Institute shall include information on the financial affairs of the Institute and there shall be appended to the report— (a) an audited statement of financial position; (b) an audited statement of comprehensive income; and (c) such other information as the Minister may require. 70 No. 2 of 2017] Agricultural Institute of Zambia (3) The Minister shall, not later than thirty days after the first sitting of the National Assembly next after the receipt of the report referred to in subparagraph (1), lay it before the National Assembly.
Section 11Verify source

Part

PART III

§ 8Constitution of CouncilProvision

The Council is established to manage and control the Institute’s affairs, must be elected under the constitution, and must have specified members and qualifications.

8. (1) There is constituted the Council which shall be responsible for the management and control of the affairs of the Institute. Constitution of Council (2) The Council shall be elected in accordance with the provisions of the constitution. (3) The Council shall consist of the following members: (a) the President, who is a Fellow; (b) the Vice-President, who is a Fellow and shall be responsible for administration and policy direction; (c) the Information and Publicity Secretary, who is a Fellow and shall be responsible for public relations; (d) the Treasurer, who is a Fellow with financial skills and shall be responsible for finance and administration; (e) one representative from each province; and (f) one professional member. (4) A person does not qualify to be elected as a member of the Council if that person— (a) has a mental disability that would make that person incapable of carrying out the functions of office of member; (b) has committed any professional misconduct within a period of five years preceding the election or nomination as member; (c) is adjudged bankrupt under any law; or 50 No. 2 of 2017] Agricultural Institute of Zambia (d) is in lawful custody or the person’s freedom of movement is restricted under any law in force in or outside Zambia on the date of the election or nomination. (5) The provisions of the Schedule apply to the Council. Functions of Council
Section 8Verify source
§ 9Functions of CouncilProvision

The Council has several functions, including approving Institute plans and budget, overseeing implementation, setting guidelines and standards, and advising the Government.

9. (1) The functions of the Council are to— (a) perform the functions of the Institute; (b) approve the policy and strategic plan of the Institute; (c) oversee the implementation and successful operation of the policy and functions of the Institute; (d) approve the annual budget and plans of the Institute; (e) monitor and evaluate the performance of the Institute against budgets and plans; (f) represent, coordinate and develop the agricultural profession and promote its interest; (g) protect and assist the public in matters relating to the practice of the agricultural profession; (h) promote continuing professional development among agricultural professionals; (i) make recommendations relating to the agricultural profession to the general meeting of the Institute; (j) establish and issue guidelines and standards for purposes of this Act; (k) establish and approve rules and procedures for the appointment, discipline, termination and terms and conditions of service of the staff of the Institute; (l) advise the Government on policies and measures relating to the agricultural profession; and (m) do all such things as are necessary or incidental to the performance of its functions under this Act. Registrar
Section 9Verify source
§ 10RegistrarProvision
10. The Council shall appoint a suitably qualified registered agricultural professional as Registrar, on the terms and conditions that the Council may determine, who shall be the chief executive officer of the Institute and Secretary to the Council. Deputy Registrar and other staff
Section 10Verify source
§ 11Deputy Registrar and other staffProvision

The Council must appoint a qualified registered agricultural professional as Deputy Registrar, and that Deputy Registrar must assist the Registrar. The Council may also appoint other staff it considers necessary.

11. (1) The Council shall appoint a suitably qualified registered agricultural professional as Deputy Registrar who shall assist the Registrar in performing the Registrar’s duties under this Act. (2) The Council may appoint, on the terms and conditions that Agricultural Institute of Zambia [No. 2 of 2017 51 the Council may determine, any other staff that as it considers necessary for the performance of its functions under this Act.
Section 11Verify source
§ 12InspectorsOffence

This section lets the Council appoint inspectors, requires inspectors to carry and show their appointment certificate, gives inspectors inspection powers, and makes obstruction or false information an offence.

12. (1) The Council shall appoint suitably qualified persons as Inspectors inspectors to ensure compliance with this Act. (2) The Council shall provide an inspector with a certificate of appointment which shall be prima facie evidence of the inspector’s appointment as such. (3) An inspector shall, in performing any duties under this Act— (a) be in possession of the certificate of appointment referred to in subsection (2); and (b) show the certificate of appointment to a person who re- quests to see it or is subject to an investigation under this Act. (4) An inspector may, for the purpose of enforcing the provi- sions of this Act, at any reasonable time, with prior notice, and on the authority of a warrant, enter any premises that the inspector has reasonable grounds to believe is used by an agricultural pro- fessional or agricultural facility for the commission of an offence or contrary to the provisions of this Act and— (a) search the premises; (b) search a person on the premises if there are reasonable grounds to believe that the person has possession of an article, document or record that has a bearing on an investigation, except that a person shall only be searched by a person of the same sex; (c) take extracts from, or make copies of, a book, document or record that is on the premises and that has a bearing on an investigation; (d) demand the production of, and inspect, relevant certifi- cates of registration and practising certificates; and (e) make such enquiries as may be necessary to ascertain whether the provisions of this Act or other law on which an investigation is based have been complied with. (5) A person shall not— (a) delay or obstruct an inspector in the performance of the inspector’s functions under this Act; (b) refuse to give an inspector such reasonable assistance as the inspector may require for the purpose of exercising the inspector’s functions; or (c) give an inspector false or misleading information in answer to an inquiry made by the inspector. 52 No. 2 of 2017] Agricultural Institute of Zambia (6) A person who contravenes subsection (5) commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both. (7) An inspector shall furnish the Council with a written report and any other information relating to an inspection. PART IV THE AGRICULTURAL REGISTRATION BOARD
Section 12Verify source

Part

PART IV

§ 13Establishment of Agricultural Registration BoardProvision

This section establishes the Board of the Institute and says its part-time members are appointed by the Minister.

13. There is established the Board of the Institute which consists of the following part-time members appointed by the Minister: (a) a person experienced in agricultural matters, as the Establishment of Agricultural Registration Board chairperson; (b) a representative each of the Ministries responsible for— (i) agriculture; (ii) livestock and fisheries; (iii) finance; (iv) development planning; (v) higher education; and (vi) forestry (c) a representative of the Attorney-General; (d) a representative of a farmers’ body; (e) a representative of a body representing research institutions; (f) a representative of an agricultural policy research institute; (g) a representative of the agricultural sector; (h) a representative of the Zambia Congress of Trade Unions; and (i) a representative of the Federation of Free Trade Unions of Zambia.
Section 13Verify source
§ 14Functions of BoardProvision

The Board must carry out the Institute’s registration functions. It may set up committees and delegate functions to them, and committees may set their own procedure if the Board directs otherwise.

14. Except as otherwise provided in this Act, the function of the Board is to perform all the registration functions of the Institute. (1) The Board may, for purposes of performing its functions under this Act, establish such committees as it may determine and may delegate to the committees any of its functions as it considers necessary for purposes of this Act. (2) Subject to any specific or general direction of the Board, a committee established under this section may regulate its own procedure. Functions of Board Committees Agricultural Institute of Zambia [No. 2 of 2017 53 PART V REGISTRATION OF AGRICULTURAL PROFESSIONALS
Section 14Verify source

Part

PART V

§ 16Classes of membershipProvision

The Minister may prescribe classes of membership and their rights and privileges by statutory instrument, and a person may apply to the Institute for registration as a Member under the constitution.

16. (1) There shall be such classes of membership with such rights and privileges as the Minister may by statutory instrument prescribe. Classes of membership (2) A person may apply to the Institute for registration as a Member in accordance with the provisions of the constitution.
Section 16Verify source
§ 17Prohibition of person practising without registrationOffence

A person must not practise as an agricultural professional unless registered under the Act.

17. (1) Aperson shall not practise as an agricultural professional without registering under this Act. (2) A person who contravenes subsection (1) commits an offence and is liable, upon conviction, to a fine not exceeding seven hundred thousand penalty units or to imprisonment for a period not exceeding seven years, or to both.
Section 17Verify source
§ 18Application for registration as agricultural professionalProvision

A person must apply to the Board for registration as an agricultural professional in the prescribed form and pay the prescribed fee. The Board may set different fees, decide the application within 30 days, and must tell the applicant the reasons if it rejects the application.

18. (1) A person shall apply to the Board for registration as an agricultural professional in the prescribed manner and form upon payment of the prescribed fee. (2) The Board may determine different fees for different classes of agricultural professionals. (3) The Board may, within thirty days of receipt of an application under subsection (1), grant or reject the application. (4) The Board shall, where it rejects an application under subsection (3), inform the applicant accordingly and give the reasons for the decision. Prohibition of person practising without registration Applicattion for registration as agricultural professional
Section 18Verify source
§ 19Registration of agricultural professionalsProvision

The Board must issue a registration certificate within 14 days after an application under section 18 is approved, if the applicant meets the listed conditions.

19. (1) The Board shall, within fourteen days of the approval of an application under section 18, issue the applicant with a certificate of registration if the applicant— Registration of agricultural professionals (a) is registered as a Member in accordance with the provisions of the constitution; (b) possesses such knowledge, training and experience as may be prescribed; (c) holds a qualification from a training institution recognised by the Institute; (d) is resident in Zambia or has an established office or appointment in Zambia in the agricultural sector; (e) is of good character and good professional standing; and (f) meets such other requirements as the Institute may determine. (2) The Board shall register an agricultural professional in accordance with the prescribed categories and classes of membership. 54 No. 2 of 2017] Agricultural Institute of Zambia (3) A certificate of registration shall have an unlimited period of validity, unless suspended or cancelled under the provisions of this Act.
Section 19Verify source
§ 20Disqualification from registrationOffence

A person cannot qualify for registration as an agricultural professional if they have a fraud/dishonesty conviction, been adjudged bankrupt, or been found guilty of professional misconduct by the Disciplinary Committee.

20. A person shall not qualify for registration as an agricultural professional under this Act if the person has been— (a) convicted of an offence involving fraud or dishonesty under this Act or any other written law; (b) adjudged bankrupt under any written law; or (c) found guilty of professional misconduct by the Disciplinary Committee.
Section 20Verify source
§ 21Title for registered agricultural professionalsProvision

A registered agricultural professional must use the title or designation prescribed in the constitution.

21. A registered agricultural professional shall use the title or designation as prescribed in the constitution.
Section 21Verify source
§ 22Changes in detailProvision

A registered person must tell the Registrar about any change to the registration details within 7 days.

22. A person registered under this Act shall notify the Registrar of any change in the particulars relating to the registration within seven days of the change. Disqualification from registration Title for registered agricultural professionals Changes in detail Suspension and cancellation of registration
Section 22Verify source
§ 23Suspension and cancellation of registrationOffence

The Board may suspend or cancel an agricultural professional’s registration if listed grounds exist, and must hear the professional before cancellation.

23. (1) Subject to other provisions of this Act, the Board may suspend or cancel the registration of an agricultural professional where— (a) the Board has reasonable grounds to believe that the fraud, registration was misrepresentation or concealment of a material fact; obtained through (b) the agricultural professional is found guilty of professional misconduct under this Act or the Code of Ethics; (c) the practising certificate of the agricultural professional is cancelled; (d) the agricultural professional is convicted of an offence under this Act or any written law and sentenced to imprisonment for a period exceeding six months without the option of a fine; or (e) since the registration, circumstances have arisen disqualifying the agricultural professional from registration. (2) The Board shall, before cancelling the registration under subsection (1), give the agricultural professional an opportunity to be heard. (3) The Board may, before cancelling the registration of an agricultural professional suspend the agricultural professional for such period and on such terms and conditions as the Board may determine. Agricultural Institute of Zambia [No. 2 of 2017 55 (4) Where the Board cancels a certificate of registration of an agricultural professional under this section, the name of the agricultural professional shall not be restored except on such conditions as may be prescribed and upon payment of the prescribed fee.
Section 23Verify source
§ 24Re-registrationProvision
24. Where a certificate of registration is cancelled or suspended under section 23, the holder of the certificate of registration may apply to the Board for re-registration, subject to the terms and conditions that the Board may determine. Re- registration
Section 24Verify source
§ 25Practising certificateProvision

An agricultural professional must apply to the Board for a practising certificate and pay the prescribed fee. The Board must issue the certificate within 14 days if the application meets the Act's requirements. The Minister may make regulations about certificates and related training requirements.

25. (1) An agricultural professional shall apply to the Board for a practising certificate in the prescribed manner and form upon payment of the prescribed fee. Practising certificate (2) The Board shall, within fourteen days of the receipt of an application under subsection (1), and if the application meets the requirements of this Act, issue the applicant with a practising certificate. (3) The Minister may, by statutory instrument, on the recommendation of the Institute, make regulations to provide for— (a) the terms and conditions for the issuance of practising certificates; (b) the type of continuous professional development and training and any other information required for the issuance of a practising certificate; and (c) any other matter necessary for purposes of this Act.
Section 25Verify source
§ 26Prohibition of practise without practising certificateOffence

A person must not practise as an agricultural professional unless they have a practising certificate issued by the Board.

26. (1) Aperson shall not practise as an agricultural professional without a practising certificate issued to that person by the Board under this Act. (2) A person who contravenes subsection (1) commits an offence and is liable, upon conviction, to a fine not exceeding seven hundred thousand penalty units or to imprisonment for a period not exceeding seven years, or to both.
Section 26Verify source
§ 27Holding out as agricultural professionalOffence

People may not present themselves or act as agricultural professionals unless registered, and employers may not hire people who require registration.

27. (1) A person shall not, unless the person is registered as an agricultural professional under this Act— (a) practise as, be employed as, offer services related to agriculture, be engaged as an agent of, or hold out to be, an agricultural professional; (b) adopt, use or exhibit the titles or designations prescribed in the constitution; or (c) do anything likely to lead persons to infer that the person is a registered agricultural professional. (2)Aperson, organisation or institution shall not offer employment to a person requiring registration under this Act. Prohibition of practise without practising certificate Holding out as agricultural professional 56 No. 2 of 2017] Agricultural Institute of Zambia (3) A person who contravenes subsection (1) or (2) commits an offence and is liable, upon conviction, to a fine not exceeding one million penalty units or to imprisonment for a period not exceeding ten years, or to both. (4) An agricultural professional shall not permit the agricultural professional’s name to be used by a person that is not a registered agricultural professional. (5) A person who contravenes subsection (4) commits an offence and is liable, upon conviction, to a fine not exceeding one million penalty units or to imprisonment for a period not exceeding ten years, or to both.
Section 27Verify source
§ 28Offences regarding registered agricultural professionalOffence

A person must not tamper with registration records or certificates, impersonate a registered agricultural professional, obtain registration by fraud, forge related documents, or provide services beyond the permitted scope.

28. (1) A person shall not— (a) make or cause to be made an unauthorised entry, alteration or erasure in the Register or a certified copy of an entry in the Register, a certificate of registration or practising certificate issued under this Act; (b) impersonate or use the title of a registered agricultural professional while not registered as such under this Act; (c) procure, or attempt to procure, registration under this Act, by fraud, false representation or the concealment of a material fact; (d) forge a certificate of registration, practising certificate or other document issued under this Act; or (e) undertake to provide professional services in excess of the scope of the practice permitted for the agricultural profession. (2) A person who contravenes subsection (1) commits an offence and is liable, upon conviction, to a fine not exceeding one million penalty units or to imprisonment for a period not exceeding ten years, or to both.
Section 28Verify source
§ 29Display of practising certificateProvision

A holder of a practising certificate must display it in a conspicuous place at the place of practice.

29. A holder of a practising certificate shall display the practising certificate in a conspicuous place at the place of practice.
Section 29Verify source
§ 30Fees for agricultural services and worksProvision

A practising certificate holder must charge the fees prescribed by the Minister for professional services rendered.

30. A holder of a practising certificate shall, for professional services rendered, charge such fees as the Minister may prescribe, by statutory instrument, on the recommendation of the Council.
Section 30Verify source
§ 31Renewal of practising certificateOffence

A practising certificate must be renewed every year in the prescribed form and manner, and the prescribed fee must be paid.

31. (1) A practising certificate shall be renewed annually in the prescribed manner and form upon payment of the prescribed fee. (2) A practising certificate that is not renewed in accordance with subsection (1) is void. Offences regarding registered agricultural professional Display of practising certificate Fees for Agricultural Services and Works Renewal of practising certificate Agricultural Institute of Zambia [No. 2 of 2017 57
Section 31Verify source
§ 32Suspension and cancellation of practising certificateOffence

The Board may suspend or cancel a practising certificate for specified reasons, and must give the holder a hearing before cancellation.

32. (1) The Board may suspend or cancel a practising certificate if the holder— (a) has a mental disability that makes the holder incapable of performing duties as an agricultural professional; (b) is adjudged bankrupt under a written law; (c) obtained the practising certificate through fraud, misrepresentation or concealment of a material fact; or (d) commits an offence under this Act or contravenes the Code of Ethics. (2) Where a certificate of registration is cancelled under this Act, the practising certificate of the holder of the certificate of registration shall be void and shall be surrendered to the Board. (3) The Board shall, before cancelling a practising certificate under this section, give the holder of the practising certificate an opportunity to be heard. (4) The Board may, before cancelling a practising certificate, suspend the holder of the practising certificate for such period and on such terms and conditions as the Board may determine. (5) The Board shall, where it suspends or cancels a practising certificate under subsection (1), publish the cancellation in a daily newspaper of general circulation in Zambia.
Section 32Verify source
§ 33Prohibition of transfer of certificate of registration or practising certificateProvision

A certificate of registration or practising certificate issued under this Act must not be transferred to another person.

33. A certificate of registration or practising certificate issued under this Act shall not be transferred to a third party.
Section 33Verify source
§ 34Duplicate certificate of registration or practising certificateProvision

If a registration or practising certificate is lost or destroyed, the person may apply to the Registrar for a duplicate certificate, paying the prescribed fee.

34. (1) A person whose certificate of registration or practising certificate is destroyed or lost may apply to the Registrar for a duplicate certificate in the prescribed manner and form upon payment of the prescribed fee. (2) The Registrar may, within seven days of receipt of an application under subsection (1), issue a duplicate certificate of registration or practicing certificate to the applicant.
Section 34Verify source
§ 35Certificate of statusProvision

A person may apply to the Registrar for a certificate of status, and the Registrar may issue it after receiving the application.

35. (1) A person may apply to the Registrar for a certificate of status containing particulars relating to the registration of an agricultural professional in the prescribed manner and form upon payment of the prescribed fee. (2) The Registrar may, upon receipt of an application under subsection (1), issue a certificate of status to the applicant in the prescribed form. S u s p e n s i o n and cancellation of practising certificate Prohibition of transfer of certificate of registration or practising certificate Duplicate certificate of registration or practising certificate Certificate of status 58 No. 2 of 2017] Agricultural Institute of Zambia Register
Section 35Verify source
§ 36RegisterProvision

The Registrar must keep a Register of registered persons, keep it at the Institute’s offices, let the public inspect it during office hours on payment of a Board-set fee, and may issue certified extracts on application and payment of that fee.

36. (1) The Registrar shall keep and maintain a Register of all persons registered under this Act in which the Registrar shall enter the details and particulars relating to— (a) registered agricultural professionals; (b) the holders of practising certificates and persons whose certificates have been cancelled; (c) the applications rejected and the reasons for the rejection; and (d) any other information that the Institute may determine. (2) The Register shall be kept in the custody of the Registrar at the offices of the Institute and shall be open for inspection by members of the public during normal office hours upon payment of such fee as the Board may determine. (3) The Registrar may, upon application by any person, issue to the person a certified extract from the Register of a copy of a certificate of registration or practising certificate, upon payment of such fee as the Board may determine. Removal and restoration of name on Register
Section 36Verify source
§ 37Removal and restoration of name on RegisterProvision

The Minister may make regulations about removing and restoring agricultural professionals on the Register, and the Board may keep a practising certificate holder’s name on the register in a non-practising category for a specified period.

37. (1) The Minister may, on the recommendation of the Council, make regulations prescribing the circumstances and manner in which an agricultural professional — (a) may be removed from the Register; and (b) who is removed from the Register may be restored on the Register and the fee to be paid for the restoration. (2) Subject to subsection (1), an agricultural professional who is removed from the Register ceases to be registered as an agricultural professional. (3) The Board may, where a holder of a practising certificate does not intend to practise for a specified period of time, maintain the name of the holder of the practising certificate on the register, in a non-practising category, for that period of time. Publication of copies of Register
Section 37Verify source
§ 38Publication of copies of RegisterProvision

The Registrar must print and publish copies of the Register, and any changes to it, when the Board directs.

38. (1) The Registrar shall, on the direction of the Board, cause copies of the Register and any alterations of, or additions to, the Register to be printed and published in a manner and form that the Board may direct. (2) Subject to this Act, a copy of the last published and printed Register shall be prima facie evidence of what is contained in that Register and the absence of the name of an agricultural professional from that copy shall be prima facie evidence that the agricultural professional is not registered. Agricultural Institute of Zambia [No. 2 of 2017 59
Section 38Verify source
§ 39AppealsProvision

A person aggrieved by a Board decision may appeal to the Minister within 30 days, and a person aggrieved by a Minister decision may appeal to the High Court.

39. (1) A person aggrieved with a decision of the Board may, within thirty days of receiving the decision, appeal to the Minister. Appeals (2) A person aggrieved with a decision of the Minister may, appeal to the High Court. PART VI DISCIPLINE AND ETHICS
Section 39Verify source

Part

PART VI

§ 40Code of ethicsProvision

The Institute must adopt and publish a code of ethics for agricultural professionals, and that code binds all agricultural professionals regulated under the Act.

40. The Institute shall adopt and publish a code of ethics for agricultural professionals, which shall bind all agricultural professionals regulated under this Act. Code of ethics
Section 40Verify source
§ 41Professional misconductProvision

An agricultural professional commits professional misconduct if they break this Act, misuse information, act dishonestly or fraudulently, or breach the code of ethics.

41. An agricultural professional commits professional misconduct if the agricultural professional— (a) contravenes the provisions of this Act; Professional misconduct (b) unlawfully discloses or uses to the advantage of the agricultural professional any information acquired in the practice of the agricultural professional; (c) engages in conduct that is dishonest, fraudulent or deceitful; or (d) breaches the code of ethics or encourages another agricultural professional to breach or disregard the principles of the code of ethics.
Section 41Verify source
§ 42Initiation of complaintProvision

A person alleging misconduct by an agricultural professional may complain to the Disciplinary Committee, and the complaint or allegation must be made to the Registrar in the prescribed form. The Institute may also start disciplinary action if it has reasonable grounds to believe there was a contravention.

42. (1) A person who alleges that an agricultural professional has contravened the code of ethics or a provision of this Act may lodge a complaint with the Disciplinary Committee against the agricultural professional. (2) The Institute may initiate disciplinary action under this section where it has reasonable grounds to believe that an agricultural professional has contravened the code of ethics or a provision of this Act. (3) A complaint or allegation under subsection (1) shall be made to the Registrar in the prescribed manner and form. Initiation of complaint
Section 42Verify source
§ 43Disciplinary CommitteeOffence

Section 43 sets up a Disciplinary Committee, requires the Council to appoint its members, makes the Registrar the secretary without voting rights, and sets eligibility, disqualification, term, and vacancy rules.

43. (1) There is established a Disciplinary Committee which consists of the following members who shall be appointed by the Council: Disciplinary Committee (a) the Chairperson; (b) the Vice-Chairperson; (c) five registered Members who are not members of the Council, elected at a general meeting of the Institute; and 60 No. 2 of 2017] Agricultural Institute of Zambia (d) a legal practitioner nominated by the Law Association of Zambia. (2) The Registrar shall be the Secretary to the Disciplinary Committee but shall not have voting rights. (3) A person qualifies to be appointed as Chairperson or Vice- Chairperson of the Disciplinary Committee if that person is registered as a Fellow or Member in accordance with the constitution and registered under this Act. (4) A person shall not be appointed as a member of the Disciplinary Committee if the person— (a) is facing an allegation of, or has been disciplined for professional misconduct; (b) is in lawful custody or the person’s freedom of movement is restricted under any law in force within or outside Zambia; (c) has been convicted of an offence under any written law and sentenced to a term of imprisonment exceeding six months without the option of a fine; or (d) has a mental disability that would make that person incapable of carrying out the functions of office of a member. (5) A member of the Disciplinary Committee shall hold office for three years and may be re-appointed for a further and final term of three years. (6) A member shall, upon the expiration of the term for which the member is elected or nominated, continue to hold office until another member is elected or nominated, but in no case shall an extension of the period exceed three months. (7) The office of a member becomes vacant if the member— (a) dies; (b) is adjudged bankrupt under any law; (c) is absent from three consecutive meetings of the Disciplinary Committee of which the member had notice, without the prior approval of the Disciplinary Committee; (d) resigns, by notice in writing, to Council; (e) becomes mentally and physically incapable of performing duties as a member of the Disciplinary Committee; (f) is found guilty of professional misconduct; Agricultural Institute of Zambia [No. 2 of 2017 61 Functions of Disciplinary Committee Proceedings of Disciplinary Committee (g) is de-registered under this Act: or (h) is convicted of an offence under this Act or any other law and sentenced to imprisonment for a period exceeding six months without the option of a fine. (8) The Council shall, where there is a vacancy in the membership of the Disciplinary Committee before the expiry of the term of office, appoint another person to replace the member who vacates office, but that person shall only hold office for the remainder of the term.
Section 43Verify source
§ 44Functions of Disciplinary CommitteeProvision

The Disciplinary Committee must hear and determine certain disciplinary actions and complaints about agricultural professionals.

44. The functions of the Disciplinary Committee are to hear and determine— (a) a disciplinary action initiated by the Institute against an agricultural professional that has contravened a provision of the code of ethics or a provision of this Act; or (b) a complaint or allegation of professional misconduct made by a person against an agricultural professional. (1) Five members of the Disciplinary Committee shall form
Section 44Verify source
§ 45Proceedings of Disciplinary CommitteeCommencement

The Disciplinary Committee must hold proceedings in camera, decide questions by majority vote, allow parties to appear in person or by representation, issue reasoned decisions, and keep records.

45. a quorum. (2) The Chairperson, or in the absence of the Chairperson, the Vice-Chairperson, shall preside at a meeting or sitting of the Disciplinary Committee. (3) A question at a sitting or meeting of the Disciplinary Committee shall be decided by a majority of the votes of the members of the Disciplinary Committee at the sitting or meeting and in the event of an equality of votes, the person presiding at the sitting or meeting shall have a casting vote in addition to that person’s deliberative vote. (4) The proceedings of the Disciplinary Committee shall be in camera. (5) A party to a hearing of the Disciplinary Committee may appear in person or be represented by a legal practitioner, or if the party so elects by any other person. (6) A decision of the Disciplinary Committee shall be in the form of a reasoned judgement and a copy of the decision shall be supplied to each party to the proceedings and every person affected by the decision. (7) A member who is present at a meeting of the Disciplinary Committee at which a 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 62 No. 2 of 2017] Agricultural Institute of Zambia as is practicable after the commencement of the meeting, disclose the interest and shall not, unless the Disciplinary Committee otherwise directs, take part in a consideration or discussion of, or vote on, a question relating to that matter. (8) A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which it is made. (9) The Disciplinary Committee shall cause to be kept a record of its proceedings. Powers of Disciplinary Committee
Section 45Verify source
§ 46Powers of Disciplinary CommitteeOffence

The Disciplinary Committee may conduct hearings, call witnesses, require documents and administer oaths. A summoned person must attend and comply, and failure can be an offence punishable by a fine. If an agricultural professional is found guilty of professional misconduct, the committee may impose disciplinary penalties.

46. (1) The Disciplinary Committee may, for the purposes of a hearing, hear and receive evidence and may— (a) under the hand of the Chairperson of the Disciplinary Committee or the Registrar, summon witnesses and require the production of a book, record, document, electronic record or anything required for the purposes of the proceeding; and (b) through the Chairperson or Vice-Chairperson of the Disciplinary Committee, administer an oath to a witness. (2) A person summoned to attend before the Disciplinary Committee shall not— (a) refuse or fail to attend at the time and place specified in the summons or, having attended, leave without the permission of the Disciplinary Committee; (b) having attended, refuse to be sworn or to affirm; (c) refuse, without lawful excuse, to answer fully and satisfactorily to that person’s best knowledge and belief, any question lawfully put to that person; or (d) refuse to produce a book, record, document or thing which that person has been required by summons to produce. (3) A person who contravenes subsection (2) commits an offence and is liable, upon conviction, for every such refusal or failure, to a fine not exceeding two hundred thousand penalty units. (4) Despite subsection (2), a person shall not be compelled to answer any question or produce a book, record or document which that person would not be compelled to answer or produce on the trial of an action in the High Court. (5) A hearing before the Disciplinary Committee shall, for all purposes, and in particular for the purposes of Chapter XI of the Penal Code, be deemed to be a judicial proceeding. Cap. 87 Agricultural Institute of Zambia [No. 2 of 2017 63 (6) A finding of fact which is shown to have been made by a court in Zambia shall, in a hearing before the Disciplinary Committee, be conclusive evidence of the fact so found. (7) Where the Disciplinary Committee, after due inquiry, finds an agricultural professional guilty of professional misconduct, it may impose one or more of the following penalties: (a) order the cancellation of a practising certificate or certificate of registration of the agricultural professional or modify the fields of speciality in which the agricultural professional may practise; (b) order the suspension of the certificate of registration or practising certificate for a period not exceeding one year and impose any condition for the suspension; (c) censure the agricultural professional; (d) caution the agricultural professional; (e) impose a fine, not exceeding three hundred thousand penalty units, to be paid to the Institute; (f) order the agricultural professional to pay to the Institute or a party to the hearing any costs of, or incidental to, the proceedings; or (g) order the agricultural professional to pay a party to the hearing or other person, as restitution, the amount of loss caused by that agricultural professional’s negligence. (8) The Disciplinary Committee shall, where it finds, after due inquiry, that an agricultural professional is not guilty of professional misconduct, record a finding that the agricultural professional is not guilty of the conduct to which the charge relates. (9) The Disciplinary Committee may, for the purpose of any proceedings, use such assessors or experts as it may determine.
Section 46Verify source
§ 47Inquiry into mental capacity of agricultural professionalProvision

The Disciplinary Committee must refer a suspected mental-disability matter to a medical doctor, and must suspend the agricultural professional’s practising certificate if the doctor confirms mental disability.

47. (1) The Disciplinary Committee shall, where it has reasonable cause to believe that an agricultural professional has a mental disability that makes the continued practising by the agricultural professional prejudicial to public interest, refer the matter for determination by a medical doctor. Inquiry into mental capacity of agricultural professional (2) The Disciplinary Committee shall, where a medical doctor determines that an agricultural professional has a mental disability, suspend the practising certificate of the agricultural professional for such period as it may determine.
Section 47Verify source
§ 48Reports by Disciplinary CommitteeProvision

The Disciplinary Committee must send the Council a report and copy of the record soon after a hearing ends, and it may also publicise certain facts about an agricultural professional found guilty and punished for professional misconduct.

48. (1) The Disciplinary Committee shall, as soon as practicable after the completion of a hearing, submit to the Council a report of the proceedings with a copy of the record. Reports by Disciplinary Committee 64 No. 2 of 2017] Agricultural Institute of Zambia Appeal High Court to Rules relating to disciplinary proceedings (2) The Disciplinary Committee may publicise, as it may consider appropriate, the facts relating to an agricultural professional who is found guilty of, and punished for, professional misconduct.
Section 48Verify source
§ 49Appeal to High courtProvision

A person aggrieved by a decision of the Disciplinary Committee may appeal to the High Court.

49. A person aggrieved with a decision of the Disciplinary Committee may, appeal to the High Court.
Section 49Verify source
§ 50Rules relating to disciplinary proceedingsOffence

The Chief Justice may make rules for disciplinary proceedings, including complaints, summonses, service, procedure, evidence, and assessors. The rules may also require matters to be investigated by the Institute before referral to the Disciplinary Committee and may give parties a right to be heard if they ask.

50. (1) The Chief Justice may, by statutory instrument, on the recommendation of the Council, make rules relating to— (a) the manner and form for lodging of complaints under this Part; (b) the mode of summoning persons before the Disciplinary Committee; (c) the form and manner of service of summons requiring the the attendance DisciplinaryCommittee and the production of a book, record, document or thing; witness before of a (d) the procedure to be followed and rules of evidence to be observed in proceedings before the Disciplinary Committee; and (e) the functions of the assessors to the Disciplinary Committee. (2) Rules made under this section may provide— (a) that before a matter is referred to the Disciplinary Committee it shall, in such manner as may be provided by the rules, have been brought before, and investigated by, the Institute; (b) for securing notices for the proceedings and specifying the time and manner of proceedings; and (c) for securing that a party to theproceedings shall, if that person requires, be entitled to be heard by the Disciplinary Committee. PART VII GENERAL PROVISIONS General penalty Guidelines
Section 50Verify source

Part

PART VII

§ 51General penaltyOffence

A person who breaks a provision of the Act without a specific penalty faces a conviction penalty of a fine up to 200,000 penalty units, imprisonment up to 2 years, or both.

51. A person who contravenes a provision of this Act for which a specific penalty is not provided, is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both.
Section 51Verify source
§ 52GuidelinesProvision

The Institute may issue guidelines under the Act, but it must publish them in a daily newspaper and the Gazette; the guidelines take effect on publication and bind regulated persons.

52. (1) The Institute may, in the exercise of its functions under this Act, issue such guidelines as are necessary for the better carrying out of the provisions of this Act. Agricultural Institute of Zambia [No. 2 of 2017 65 (2) The Institute shall publish the guidelines issued under this Act in a daily newspaper of general circulation in Zambia and in the Gazette, and the guidelines shall take effect on the date of publication. (3) The guidelines issued by the Institute under this Act shall bind the persons regulated under this Act.
Section 52Verify source
§ 53RegulationsProvision

The Minister may make regulations, by statutory instrument and on the Council’s recommendation, to carry out this Act.

53. (1) The Minister may, by statutory instrument, on the recommendation of the Council, make regulations for the better carrying out of the provisions of this Act. Regulations (2) Despite the generality of subsection (1), regulations under that subsection may make provision for— (a) the manner and form for applications and the fees payable; (b) the particulars to be entered on the Register; (c) the form of the certificate of registration and the conditions of the certificate of registration; (d) the qualifications for registration of an agricultural professional; (e) the form of the practising certificate and the conditions of the practising certificate; (f) the code of ethics to which all members shall subscribe; (g) the continuous professional development of agricultural professionals; and (h) the fixing of fees for professional services and other fees which are required to be prescribed. 66 No. 2 of 2017] Agricultural Institute of Zambia SCHEDULE (Sections 3 (2) and 8 (5)) THE AGRICULTURAL INSTITUTE OF ZAMBIA PART I ADMINISTRATION OF THE COUNCIL Tenure of office and vacancy of Council
Section 53Verify source

Legislative relationships

6 referenced instruments

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

A–F

3 instruments

  • Chapter XI of the Penal Code

    Section 46

  • Disciplinary Committee Proceedings of Disciplinary Committee (g) is de-registered under this Act

    Section 43

  • Ethics. (2) Where a certificate of registration is cancelled under this Act

    Section 32

G–M

1 instrument

  • it. (2) Subject to this Act

    Section 6

T–Z

2 instruments

  • Zambia Act

    Section 2

  • Zambia Act, 2017

    Section 1

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