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Education (Aided Educational Institutions) Regulations, 2021

This section is titled “Application for aided institution status.” Section 7 is titled “Re-opening of closed aided educational institution.” This section says the regulations are made under sections 82 and 132 of the…

aided statusaided status applicationaided-status applicationapplication attachmentsapplication processapplicationscertificate withdrawalcertificatescertificationcompliancedefinitionseducationeducation administrationeducation aideducation facilitieseducational institutionsfeesfilingfinancegovernment aidgrantsinfrastructureinstitution complianceinstitution naminginstitution registrationinstitution reopeninginstitutional feeslearner reportingrecord-keepingregistersregistrationregistration feesremedial measuressubsidy formstax compliance
Jurisdiction
Zambia
Structure
33 provisions
Citation
SI 45 of 2021
Dates
Source version 14 May 2021
More statute details
Dates
Source version 14 May 2021

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01

Purpose and legislative effect

“This section is titled “Application for aided institution status.””

This section is titled “Application for aided institution status.” Section 7 is titled “Re-opening of closed aided educational institution.” This section says the regulations are made under sections 82 and 132 of the Education Act, 2011, and that copies can be obtained from the Government Printer for K32.00 each. These Regulations may be cited by the name given in the section. This section defines “certificate,” “Provincial Education Officer,” and “District Education Officer.”

02

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Classification of the institution

This section asks for the institution’s classification, with options including Primary, Secondary, College, or Others.

Section 10

Hostels

This section lists hostel information to be provided, including the proprietor, water and electricity supply, number of hostels, occupancy limits, toilets, and estimated accommodation and food costs.

Section 19

Section 2

Section heading about the initial registration and re-opening of an aided educational institution in Lusaka.

Section 2

04

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Source record from zambialii.org · Source version 14 May 2021

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Showing 33 of 33 provisions

Provision 32Interpretation
§ 3Application for aided institution statusProvision

This section is titled “Application for aided institution status.”

3. Application for aided institution status
Section 3Verify source
§ 7Re-opening of closed aided educational institutionProvision

Section 7 is titled “Re-opening of closed aided educational institution.”

7. Re-opening of closed aided educational institution
Section 7Verify source
§ 9Register of aided educational institutionProvision

This section says the regulations are made under sections 82 and 132 of the Education Act, 2011, and that copies can be obtained from the Government Printer for K32.00 each.

9. Register of aided educational institution Copies of this Statutory Instrument can be obtained from the Government Printer, P.O. Box 30136, 10101 Lusaka. Price K32.00 each. 14th May, 2021 Statutory Instruments 245 IN EXERCISE of the powers contained in section 82 and 132 of the Education Act, 2011, the following Regulations are made:
Section 9Verify source
§ 1These Regulations may be cited as the Education (AidedProvision

These Regulations may be cited by the name given in the section.

1. These Regulations may be cited as the Education (Aided Title Educational Institutions) Regulations, 2021.
Section 1Verify source
§ 2Section 2Interpretation

This section defines “certificate,” “Provincial Education Officer,” and “District Education Officer.”

2. In these Regulations, unless the context otherwise Interpretation provides— “certificate” means a certificate of aided status issued in accordance with regulation 3; “Provincial Education Officer” means a public officer appointed as a Provincial Education Officer; and “District Education Officer” means a public officer appointed as a District Education Officer.
Section 2Verify source
§ 3(1) A person, organisation or community that establishes,Provision

An institution owner must apply to the Minister for aided status using Form I and pay the prescribed fee; the Minister must decide within 14 days and, if granting aided status, issue a certificate or, if rejecting, notify the applicant.

3. (1) A person, organisation or community that establishes, owns or maintains an educational institution that seeks to be granted aided status shall apply to the Minister in Form I set out in the First Schedule on payment of the prescribed fee set out in the Second Schedule. (2) The Minister shall, within fourteen days of receipt of the application under sub-regulation (1), grant or reject the application. (3) The Minister shall, where the Minister grants an educational institution aided status, issue the institution with a certificate in Form II set out in the First Schedule. (4) The Minister shall, where the Minister rejects the application, notify the applicant of the rejection in Form III set out in the First Schedule. Application for aided status
Section 3Verify source

Part

Schedule.

§ 4Section 4Provision

The relevant person, organisation, or community may apply to the Minister for aided status for an educational institution if registration, certification, recommendation, and governance conditions are met.

4. A person, organisation or community that establishes, owns or maintains an educational institution may apply to the Minister for aided status if that educational institution - Conditions for granting aided status (a) is registered in accordance with the Act and is in possession of a valid certificate of registration; (b) has obtained from the department responsible for standards in the ministry responsible for general education, within six months of the application for aided status, a report and favourable recommendation of that institution; and (c) has an operational board of management.
Section 4Verify source
§ 5(1)Where an aided educational institution receives aid, theProvision

An aided educational institution must get the Minister’s approval for its fees, must use aid for the intended purpose, and must not vary that aid; the Minister may order repayment if the aid is changed without consent.

5. (1)Where an aided educational institution receives aid, the fees charged by the institution shall be subject to the Minister’s approval. Conditions of aid 246 Statutory Instruments 14th May, 2021 (2) Where an aided educational institution receives aid in the form of operational and capital development costs, the aid shall be used for the intended purpose and shall not be subject to variation. (3) The Minister may, where an aided educational institution changes the use of the form of aid without the consent of the Minister, order the aided educational institution to pay back the costs.
Section 5Verify source
§ 6(1) The Minister shall, where the Minister suspends theProvision

If the Minister suspends an aided educational institution, the Minister must ask it to take remedial measures within a reasonable period, and must withdraw its certificate if it does not comply.

6. (1) The Minister shall, where the Minister suspends the operations of an aided educational institution in accordance with the Act, request the aided educational institution to take remedial measures within a reasonable period that may be specified in the notice in Form IV set out in the First Schedule. (2) The Minister shall withdraw the certificate of an aided educational institution where the institution fails to take remedial measures in accordance with sub-regulation (1) in Form V set out in the First Schedule. Suspension and withdrawal of aid Re-opening of closed aided educational institution
Section 6Verify source
§ 7The board of management of an aided educational institutionProvision

A board of management may apply to the Minister to reopen an aided educational institution that has been closed for more than six months, using Form I and paying the prescribed fee.

7. The board of management of an aided educational institution closed for a period exceeding six months may apply to the Minister for re-opening of the institution in Form I set out in the First Schedule on payment of a fee set out in the Second Schedule. Duplicate certificate
Section 7Verify source
§ 8(1) An aided educational institution whose certificate isProvision

An aided educational institution may apply to the Minister for a duplicate certificate if its certificate is lost or destroyed, and the Minister may issue one after receiving the application.

8. (1) An aided educational institution whose certificate is destroyed or lost may apply to the Minister for a duplicate certificate in Form VI set out in the First Schedule. (2) The Minister may, on receipt of an application under sub regulation (1), issue a duplicate certificate in Form VII set out in the First Schedule. Register of aided educational institution
Section 8Verify source
§ 9(1) The Minister shall keep or cause to be kept a register ofProvision

The Minister must keep, or ensure someone keeps, a register of aided educational institutions in Form VIII.

9. (1) The Minister shall keep or cause to be kept a register of aided educational institutions in Form VIII set out in the First Schedule. (2) The register shall include the— (a) name of the educational institution; (b) type of aid granted; (c) proprietor of the aided institution; (d) site of the aided educational institution; (e) number of suspended aided educational institutions; and (f)date of grant of aided status. 14th May, 2021 Statutory Instruments 247 FIRST SCHEDULE (Regulations 3, 5, 8 and 10) FORM I (Regulation 3(1) and 7) Original: Minister Duplicate and triplicate: Provincial Education Officer Quadruplicate: Applicant REPUBLIC OF ZAMBIA The Education Act (Act No. 23 of 2011 The Education (Aided Educational Institutions) Regulations, 2021 APPLICATION FOR AIDED EDUCATIONAL INSTITUTION STATUS Please write in BLOCK LETTERS Information Required TO: The Minister Ministry of General Education P O Box 50093 LUSAKA Shaded fields for official use only Application No.: Date/Time Information Provided  PART I TO BE COMPLETED BY APPLICANT
Section 9Verify source

Part

PART I

§ 6Section 6Provision

This form is for an applicant seeking aided educational institution status and asks for the required contact and institution details.

6. Name(s) of Applicant: Physical Address: Postal Address: Business premises: (a) Tel. No.: Fax: (b) (c) Mobile Phone No.: (d) E-mail Address: I do hereby apply for aided educational institution status in accordance with section 81 of the Education Act. Date: …………………………………………….. Signature of Applicant: ………………………………… The following information to be completed in full: (a) (b) (c) (d) Name of Institution: Postal Address: Telephone No.: Email Address: (e) Precise location (showing land, reference No. where applicable), Plot or Farm No. e.t.c Type of application First time application Re-opening 248
Section 6Verify source
§ 7Section 7Provision

This section lists the particulars for the proprietor(s): name, address, date of birth, NRC/passport number, date of entry into Zambia for non-Zambians, telephone, and email address.

7. Statutory Instruments 14th May, 2021 PART II PARTICULARS OF THE PROPRIETOR(S) (a) (b) (c) (d) (e) (f) (g) Name(s): Address: Date of Birth: NRC/Passport No.: Date of entry into Zambia (non-Zambian) Telephone: Email Address:
Section 7Verify source

Part

PART II

§ 8Section 8Provision

This section lists financial details and supporting documents, including fixed capital, recurrent expenditure, tax identification number, tax returns, bank name and account number, and a VAT certificate.

8. Financial Details Financial Details (a) (b) (c) (d) (e) (f) (g) Details of fixed capital: Details of recurrent expenditure: Tax Payers Identification No.: Proof of Tax Returns: Name of Bank: Account No.: VAT certificate:
Section 8Verify source
§ 9Will the institution be affiliated to any otherProvision

This provision asks whether the institution is affiliated with any other institution or organization inside or outside Zambia.

9. Will the institution be affiliated to any other institution or organization within or outside Zambia?
Section 9Verify source
§ 10Classification of the institutionProvision

This section asks for the institution’s classification, with options including Primary, Secondary, College, or Others.

10. Classification of the institution: Primary Secondary College Others, specify: ………………………………………
Section 10Verify source
§ 11Section 11Provision

This section asks whether the institution is registered under any other Act in Zambia, such as the Companies Act.

11. Is the institution registered under any other Act in Zambia, e.g. Companies Act?
Section 11Verify source
§ 13LearnersProvision

This section lists learner information categories to be reported: total learners by grade, year and gender; learners with special needs by gender; and learners under the Re-entry Policy by gender.

13. Learners: (a) (b) (c) Total number of learners by grade, year and gender Total number of learners with special needs (indicate the need) by gender: Learners under Re-entry Policy by gender:
Section 13Verify source
§ 14Entry requirementsProvision

This section lists entry-requirement headings for academic qualifications, age limit, and uniform requirements, but does not state the actual requirements.

14. Entry requirements: (a) (b) (c) Academic: Age limit (if any): Uniform required (if any):
Section 14Verify source
§ 15Section 15Provision

State the type and amount of fees or charges, such as enrollment or tuition.

15. State the type and amount of fees charges (enrollment, tuition, etc):
Section 15Verify source
§ 16Give a list of the teaching staff (attach relevantProvision

Give a list of the teaching staff and attach relevant information.

16. Give a list of the teaching staff (attach relevant information) 14th May, 2021 Statutory Instruments 249 the teaching staff
Section 16Verify source
§ 17Section 17Provision

This section asks for infrastructure details: the number of classrooms, laboratories, offices, and special rooms.

17. Infrastructure: (a) (b) (c) (d) Number of classrooms: Number of laboratories: Number of offices: Special rooms (state the type and number): (separate list to be attached if necessary):
Section 17Verify source
§ 18Section 18Provision

The provision is a checklist for institutional facilities when submitting building plans.

18. Institutional facilities (submit building plans): (a) (b) (c) (d) Are buildings rented or owned? Is water available? Is electricity available? Are toilets at school water-born? If not, what type?
Section 18Verify source
§ 19HostelsProvision

This section lists hostel information to be provided, including the proprietor, water and electricity supply, number of hostels, occupancy limits, toilets, and estimated accommodation and food costs.

19. Hostels (a) (b) (c) (d) (e) (f) Name of the proprietor of the hostels (i.e. if rented?) Do the hostels have - (i) (ii) Piped water? Electricity? Numbers of hostels? Maximum number of occupants per hostel: Number of toilets in each hostel: Estimated cost of accommodation and food per student per week/term/year:
Section 19Verify source
§ 20Section 20Provision

This section lists the forms of aid that may be applied for.

20. Form of aid applied for: (a) (b) (c) (d) (e) (f) Subsidy Provision of any materials Operational and capital development Provision of teachers Combination of two or more of the forms of aid Other
Section 20Verify source
§ 21Section 21Provision

If you apply for aided status, you must attach a justification explaining why, limited to 1000 words or 1 page.

21. Justify in not more than 1000 words/ 1 page (attach) why you are applying for aided status
Section 21Verify source
§ 22AttachmentsProvision

This section lists documents to attach: a certificate of registration, PACRA certificate, tax returns, and a bank statement. It also includes a declaration that the information provided is correct and truthful to the best of the writer’s knowledge and belief.

22. Attachments (a) (b) (c) (d) Certificate of Registration PACRA Certificate Tax Returns Bank Statement DECLARATION I declare that the information I have stated is correct and truthful to the best of my knowledge and belief. ……………………………………………….. Name …………………………………………… Designation ………………………………………………… Signature …………………………………………… Date 250 Statutory Instruments 14th May, 2021 FOR OFFICIAL USE ONLY Date of Submission: ………….………………………………………………………………………………… Amount Received: ……………………………………………………………………………………………… Receipt Number: ……………………………………………………………………………………………….. Application Number: …………………………………………………………………………………………… Comments: ……………………………………………….………………………………………………………………… …………………………………………………………………………………………………………………. …………………………………………………………………………………………………………………... ………………………………………………….. Registrar OFFICIAL STAMP NOTE:
Section 22Verify source
§ 2Section 2Provision

Applications must include an application fee; if there is not enough space, a separate sheet should be attached.

2. Where space is insufficient, please attach a separate sheet. Every application shall be accompanied by an application fee. 14th May, 2021 Statutory Instruments 251 FORM II (Regulation 3 (3)) REPUBLIC OF ZAMBIA The Education Act (Act No. 23 of 2011) ____________ Certificate No.: ----------------- The Education (Aided Educational Institutions) Regulations, 2021 CERTIFICATE FOR GRANT AIDED EDUCATIONAL INSTITUTION This is to certify that ………………………………………………………………….…….……………………… Institution Having complied with the provisions of the Education Act, 2011, applicable to aided educational institution is issued this CERTIFICATE This Certificate is limited to (type of aid): …………………………………………………………………………………….. …………………………………………………………………………………….. and is valid for the period from ……………………….. to ……………………………….. Done at Lusaka this …………… day of …………………….., 20………. …………………………………………. Minister 252 Statutory Instruments 14th May, 2021 FORM III (Regulation 3 (4)) Original: Minister Duplicate and triplicate: Provincial Education Officer Quadruplicate: Applicant REPUBLIC OF ZAMBIA The Education Act (Act No. 23 of 2011 The Education (Aided Educational Institutions) Regulations, 2021 NOTICE OF REJECTION OF APPLICATION (1) Here insert name and address of the applicant (2) Here insert the reference No. of the application (3) Here insert type of application To (1)........................................................................................................................ ................................................................................................................................ IN THE MATTER OF (2)..................................................you are notified that your application for (3)………………………………………………..…… has been rejected by the Minister on the following grounds: (a) ........................................................................................................................ (b) ………………………………………………………………………………………. (c) ……………………………………………………………………………………..... (d) …………………………………………………………………………………....…. Dated this …………. day of ……………………………… 20…………….… (4) Signature of Minister (4) ............................................... Minister OFFICIAL STAMP 14th May, 2021 Statutory Instruments 253 FORM IV (Regulation 6(1)) Original: Minister Duplicate and triplicate: Provincial Education Officer Quadruplicate: Applicant REPUBLIC OF ZAMBIA The Education Act (Act No. 23 of 2011 The Education (Aided Educational Institutions) Regulations, 2021 NOTICE OF SUSPENSION/REVOCATION OF AIDED EDUCATION INSTITUTION STATUS CERTIFICATE (1) Here insert the full names and address of certificate holder (2) Here insert the Certificate No. (3) Here insert number of days stipulated To (1)........................................................................................................... ….................................................................................................................. IN THE MATTER OF (2) …........................................................................... you are notified that your licence has been *suspended for a period of (3)…………………………………… on the following grounds: (a) …..................................................................................................... (b) ….................................................................................................... (c) ….................................................................................................... (d) ….................................................................................................... Accordingly, you are requested to show cause why your certificate should not be withdrawn and to take action to remedy the breaches set out in paragraphs …………………. (above) within (3) ……….. days of receiving this notice. Failure to remedy the said breaches shall result in the withdrawal of your certificate. Dated this …............ day of ….............................. 20…............ (4) Sign by Minister (4) ….................................................. Minister OFFICIAL STAMP *Delete as appropriate 254 Statutory Instruments 14th May, 2021 FORM V (Regulation 6 (2)) Original: Minister Duplicate and triplicate: Provincial Education Officer Quadruplicate: Applicant REPUBLIC OF ZAMBIA The Education Act (Act No. 23 of 2011 The Education (Aided Educational Institutions) Regulations, 2021 NOTICE OF WITHDRAW OF CERTIFICATE OF STATUS (1) Here insert the full names and address of Certificate (2) Here insert the Certificate No. To: (1)…............................................................................................................... …......................................................................................................................... IN THE MATTER OF (2) …........................................................... you are notified that your grant of certificate of status has been withdrawn on the following grounds: (a) …..................................................................................................... (b) ….................................................................................................... (c) ….................................................................................................... (d) ….................................................................................................... Dated this …............ day of ….............................. 20…............ (3) Sign by Minister (3) …........................................ Minister OFFICIAL STAMP *Delete as appropriate 14th May, 2021 Statutory Instruments 255 FORM VI (Regulation 8 (1)) Original: Minister Duplicate and triplicate: Provincial Education Officer Quadruplicate: Applicant REPUBLIC OF ZAMBIA The Education Act (Act No. 23 of 2011 The Education (Aided Educational Institutions) Regulations, 2021 NOTICE OF WITHDRAW OF CERTIFICATE OF STATUS APPLICATION FOR DUPLICATE CERTIFICATE OF AIDED STATUS Please complete in BLOCK LETTERS Shaded fields for official use only Application No. Date and Time Information Provided √ Districts Information Required
Section 2Verify source
§ 4Section 4Provision

This section lists the certificate application details to be provided: certificate number, applicant name(s), physical school address, location of activities, and level of education offered.

4. Certificate No.: Name(s) of applicant: Physical School Address: Location of activities Level of education offered
Section 4Verify source
§ 5Section 5Provision

The form includes a declaration that the information provided is correct and truthful to the best of the signer’s knowledge and belief, and it is used to issue a duplicate certificate for an aided educational institution.

5. Attachments Affidavit of loss or damage, of Certificate DECLARATION I declare that the information I have stated is correct and truthful to the best of my knowledge and belief. ………………………………………………… ………………………………………………… Name Designation ………………………………………………… ………………………………………………… Signature Date FOR OFFICIAL USE ONLY Date of Submission: ………….………………………………………………………………………………….…… Amount Received: ………………………………………………………………………………………………..…… Receipt Number: …………………………………………………………………………………………………..….. Application Number: …………………………………………………………………………………………….…… Comments: ……………………………………………………………………….……………………………….…… ……………………………………………………………………………………………………………………..……… …………………………………………………………………………………………………………………..… ……… ………………………………………………….. Registrar OFFICIAL STAMP 256 Statutory Instruments 14th May, 2021 FORM VII (Regulation 8 (2)) REPUBLIC OF ZAMBIA The Education Act (Act No. 23 of 2011) ____________ Certificate No.: ----------------- The Education (Aided Educational Institutions) Regulations, 2021 DUPLICATE CERTIFICATE FOR AIDED EDUCATIONAL INSTITUTION ………………………………………………………………….…….……………………… This is to certify that Institution Having complied with the provisions of the Education Act, 2011, applicable to aided educational institution is issued this DUPLICATE CERTIFICATE This Duplicate Certificate of Registration is limited to instructions in: …………………………………………………………………………………….. …………………………………………………………………………………….. and is valid for the period from ……………………….. to ……………………………….. Done at Lusaka this …………… day of …………………….., 20………. …………………………………………. Minister 14th May, 2021 Statutory Instruments 257 FORM VIII (Regulation 9 (1)) Original: Minister Duplicate and triplicate: Provincial Education Officer Quadruplicate: Applicant REPUBLIC OF ZAMBIA The Education Act (Act No. 23 of 2011 The Education (Aided Educational Institutions) Regulations, 2021 REGISTER OFAIDED EDUCATIONAL INSTITUTIONS Name of Educational Institution Type of Aid Granted Proprietor of the Aided Institution Location of the Aided Education Institutions Date of Grant of Aided Status Comments No.
Section 5Verify source
§ 15Section 15Provision

This schedule lists registration fees, in fee units, for different categories of education institutions.

15. 258 Statutory Instruments 14th May, 2021 SECOND SCHEDULE (Regulations 3and 7) FEES FOR REGISTRATION Primary School Secondary School Colleges Tertiary University Colleges Universities 3,333 5,000,000 FEE UNITS 10,000,000 23,333 33,333 2,666 4,000,000 8,333 16,666 23,333 DR. D. M. WACHINGA, Minister of General Education
Section 15Verify source
§ 2Section 2Provision

Section heading about the initial registration and re-opening of an aided educational institution in Lusaka.

2. Initial Registration of an aided educational institution Re-opening of an aided educational institution LUSAKA 10th May, 2021 [MGE.]
Section 2Verify source

Legislative relationships

2 referenced instruments

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A–F

2 instruments

  • Education Act

    Section 6

  • Education Act, 2011

    Sections 2, 5, 9

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  • 14 May 2021 · currentEnglish

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