ааа Note: This was copied from the original
document
THE ENGINEERING INSTITUTION OF
--------------------------
MEMORANDUM
The objects of this Bill are toЧ
(a) continue the existence of the Engineering
Institution of Zambia;
(b) provide for the registration of engineering
professionals
ааааааа units
and engineering organisations and regulate their
professional
ааааааа conduct;
(c) repeal the Engineering Institution of Zambia Act
(d) provide for matters connected with
A. J. SHONGA JNR
Solicitor General
N.A.B. 7
Engineering
Institution of
---------------------------------------------------------------------
THE ENGINEERING
INSTITUTION OF
-------------------------------
ARRANGEMENT OF
SECTIONS
PART I
PRELIMINARY
Sections
1.а Short title
and commencement
2.а Interpretation
PART II
THE ENGINEERING
INSTITUTION OF
3. Continuation of Engineering Institution of
4. Functions of Institution
5. Constitution of Institution
6. President and Vice President of Institution
7. Meetings of Institution
PART III
THE ENGINEERING
COUNCIL OF THE INSTITUTION
8. Constitution of Engineering Council
9. Functions of Council
10. Registrar
11. аInspectors
PART IV
THE ENGINEERING
REGISTRATION BOARD
12. Establishment of Engineering Registration Board
13. Functions of Board
PART V
MEMBERSHIP
14. Classes of membership
15. Prohibition of person practising
without registration
16. Application for registration
17. Registration of engineering professionals
18. Prohibition of engineering organisation
or engineering unit practising ааааwithout registration
N.A.B 7
а
4
No. ааof 2010
] Engineering Institution of
--------------------------------------------------------------------------------
19.а Application
for registration of engineering organisation or
engineering
аааааа unit
20.а Titles for
registered engineering professional
21.а Disqualification
from registration
22.а Registration
of students of engineering
23.а Change in
details
24.а Cancellation
of registration
25.а Prohibition
of practice without practising certificate
26.а Application
for practising certificate
27.а Display of practising certificate
28.а Fees for
engineering services and works
29.а Renewal of practising certificate
30.а Cancellation
of practising certificate
31.а Regulations
relating to practising certificates
32.а Conditions
of certificate
33.а Prohibition
of transfer of certificate
34.а Re
registration
35.а Duplicate
certificate of registration
36.а Certificate
of status
37.а Register
38.а Removal and
restoration of name on Register
39.а Publication
of copies of Register
40.а Appeals
41.а Holding out
as an engineering professional
42.а Enforcement
notice
43.а Offences
regarding registered engineering professional
ааааааа organisation
44.а Recognition
of foreign qualifications
PART VI
DISPLINARY COMMIT TEE
45. Code of Ethics
46.а Professional
misconduct
N.A.B 7
Engineering
Institution of
----------------------------------------------------------------------------
47.а Initiation
of disciplinary action
48.а Disciplinary
Committee
49.а Functions
of Disciplinary Committee
50.а Proceedings
of Disciplinary Committee
51.а Powers of
Disciplinary Committee
52.а Reports by
Disciplinary Committee
53.а Appeals to
High Court
54.а Rules by
Chief Justice
55.а Rules
relating to disciplinary proceedings
PART VII
GENERAL PROVISIONS
56.а Jurisdiction
over acts committed outside
57.а Presumption
of non registration
58.а No
execution on property of Institution
59.а General
penalty
60.а Offences by
body corporate or unincorporate body
61.а Authority to
issue guidelines
62.а Regulations
63. Repeal of Act No. 27 of 1992
FIRST SCHEDULE
SECOND SCHEDULE
N.A.B 7
Engineering
Institution of
A BILL
ENTITLED
An Act to continue the existence of the Engineering
а Institution of
а engineering
professionals
а engineering organisations and regulate their professional
а conduct;
repeal the Engineering Institution of
а 1992; and
provide for matters connected with
а to
ENACTED by the Parliament of
PART I
PRELIMINARY
а1.а This Act may be cited as the Engineering
Institution of
5
the Minister may
2.а In this Act
" allied discipline "means a discipline
determined as such by
the Council;
10 " appointed date " means such date as the
Minister may
appoint under section one;
" Association of Consulting Engineers of Zambia
" means
the Association representing consulting engineers;
" Board " means the Engineering Registration
Board
15 established under section twelve;
certificate of registration " means the
certificate of
registration issued under section seventeen;
Short title
and
commencemait
Interpretation
N.A.B 7
8 [ No. of 2010 Engineering Institution of
" Code of Ethics " means the code of
professional conduct
and ethics adopted and published by the Institution;
" constitution " means the constitution of
the Institution adopted
in accordance with section five;
" Council " means the Engineering Council of
the Institution 5
constituted under section eight;
" craftsperson " means a person registered
as such under
subsection (2) of section seventeen;
" Disciplinary Committee " means the
Committee constituted
under section forty:eight;
10
" engineer " means a person with special
knowledge of the
mathematical and physical sciences and the principles
and
methods of engineering analysis and design
engineering education and engineering experience;
" engineering " means the application of
mathematical
scientific and technological principles
economics
solutions to technical problems
and structures that improve the quality of life;
" engineering organisation
" means a statutory corporation
company
corporate or uncorporate
the application of scientific or mathematical laws and
principles
maintenance or disposal of machines
instruments
or whose function involves the planning
processing and delivery of engineering products and
services;
" engineering professional " means an
engineer
technician or craftsperson
shall be construed accordingly;
" engineering unit " means an operational
entity of a non
engineering organisation
that provides engineering services
internally
or activities;
" Fellow " means a person registered as such
under the
provisions of the constitution of the Institution;
N.A.B 7
Gi
GC
Engineering Institution of
Institution " means the Engineering Institution
of Zambia
referred to in section three;
inspector" means a person appointed as an
inspector under
section eleven;
5
" Member " means a person registered as a
Member of the
Institution in accordance with the provisions of the
constitution of the Institution
construed accordingly;
"practising
certificate" means a certificate issued under sub
10 section (2) of section twenty six;
" President " means the person elected
President of the
Institution pursuant to section six;
" professional misconduct" has the meaning
assigned to it
under section forty six;
15
" Register " means the Register referred to
under section
thirty seven;
" Registrar " means the person appointed as
Registrar under
section ten;
" repealed Act " means the Engineering
Institution of Zambia
Cap. 432
20 Act
" technician " means a person registered as
such under
subsection (2) of section seventeen;
" technologist " means a person registered
as such under
subsection (2) of section seventeen; and
25
" Vice President " means the person elected
Vice President
of the Institution pursuant to section six.
PART II
THE ENGINEERING INSTITUTION OF
30
3. (1) The Engineering Institution of
the repealed Act shall continue to exist as if
established under this
Act.
Continuation
of Engineering
Cap. 432
Institution of
(2) The Institution shall be a body corporate with
perpetual
succession and a common seal
35 its corporate name and shall
have power to do all such acts and things as a body
corporate may
by law
N.A.B 7
10 No. of 2010 ] Engineering Institution of
Functions of
Institution
(3) The provisions of the First Schedule apply to the
Institution.
4. (1) The functions of the Institution are toЧ
register engineering professionals
organisations and engineering units and regulate their
professional conduct; 5
register students of engineering;
develop
standards of qualification in the engineering
profession;
develop
engineering practice standards in
investigate allegations of professional misconduct and
impose such sanctions as may be necessary;
advise the Government on matters relating to the
engineering profession;
promote the general advancement of science
technological and allied disciplines for the
improvement
of the quality of life;
maintain and improve the standards of conduct and
learning
of science
N facilitate
the acquisition of knowledge by engineering
20
professionals through the establishment of technical
libraries
apparatus and any other facilities necessary to
achieve
this end;
(1) hold
meetings of the Institution for the reading and
25
discussion of papers for professional interest
awards to authors of papers of special merit and to
arrange for other activities of interest or benefit to
engineering professionals;
(k) raise
the character and status of the engineering profession 30
and allied disciplines
practice and increase the confidence of the community
in those persons practising
in the engineering profession
and allied disciplines;
(1) promote
alternative dispute resolution mechanisms and to
35
serve as an arbitral institution for disputes of an
engineering nature;
N.A.B 7
Engineering Institution of
in consultation with the Ministry responsible for
education
and the Technical Education Vocational and
Entrepreneurship Training Authority
universities
5
programmes of instruction leading to the award of
qualifications of membership classes;
investigate and monitor national emergencies or
disasters
or any other matter of public concern caused by
to be caused by
10
recommend appropriate preventive
measures;
(o) represent
regard to their conditions of practice
otherwise; and
15
(p) do all
such other things as are necessary or incidental to
the performance of its functions under this Act.
(2) The Institution mayЧ
(a) determine
and levy fees that the Institution considers
necessary to finance its activities under this Act;
20
(b) determine
the fees payable for an inspection conducted
for the purposes of this Act;
determine fees for the accreditation of local and
foreign
training institutions and qualifications; and
determine what portion of any fee is payable in
respect of
25 any part of a year and the date on which the fee or
portion thereof is payable.
5. (1) The Institution shall
the Members voting at a general meeting of the
Institution
constitution and may
30
(2) Subject to this Act
of the affairs of the Institution.
(3) Subject to subsection (2)
the following matters:
(a) the
meetings of the Institution
35
sufficiency ofnotices ofthe meetings
adjournment and other matters of procedure or conduct
of the meetings;
Constitution
of Institution
N.A.B 7
12 No. of 2010 ] Engineering Institution of
the election
and Vice President;
the composition
committees of the Institution;
the establishment
sections and regions of the Institution;
the classes of membership and their rights
obligations; and
0 any other matter as the membership may determine.
President 6. The Members shall elect the President and
the Vice 10
aPnrde sVidiceen ts of Presidents of the Institution in accordance with the
constitution.
Institution
Meetings of
Institution
Constitution
of Engineering
Council
7. (1) Subject to this Act
procedure.
The meetings of the Institution shall be conducted in
accordance with the provisions of the constitution of
the Institution. 15
The validity of any proceedings
Institution shall not be affected by any person's
absence from any
meeting of the Institution or by reason that a person
not entitled to
do so took part in the proceedings.
PART III 20
THE ENGINEERING COUNCIL OF THE INSTITUTION
8. (1) There is hereby constituted the Engineering
Council of
the Institution which shall be responsible for the
management and
control of the affairs of the Institution.
The Council shall be elected in accordance with the
provisions 25
of the constitution of the Institution.
The Council shall consist of the following members:
a President
member of the Council;
a Vice President
for policy direction
national development;
a Vice President
for finance and administration;
a Vice President who is a Fellow and shall be
responsible 35
N.A.B 7
Engineering Institution of
for matters related to membership and continuous
professional development;
(e) the
immediate past President of the Council;
U) a
representative of each of the engineering professionals;
5 (g) a representative of the engineering organisations
nominated by the engineering organisations;
a representative of the engineering units
the engineering units;
two representatives of engineering students
10 shall be male and the other female;
0) the Chairperson of the Board; and
(k) the
Chairpersons of the existing regions of the Institution.
(4) A person shall not be qualified to be elected or
nominated
as a member of the Council
15 (a) has committed any professional
misconduct within a period
of five years preceding the election or nomination;
(b) is in
lawful custody or the person's freedom of movement
is restricted under any law in force in
on the date of the election or nomination;
20 (c) has not been on the Register for at
least three years
preceding the election or nomination; or
(d) has been
declared to be of unsound mind under any law.
(5) A member shall
hold office for a term of two years and may be re
elected for a
25 further term of two years.
(6) Upon the expiration of the term for which a member
is
elected or nominated
another member is elected or nominated
extension of the period exceed three months.
30 (7) The office of a member shall be vacated Ч
upon the member's death;
if the member is adjudged bankrupt;
(c) if the
member is absent from three consecutive meetings
of the Council
35 without the prior approval of the Council;
N.A.B 7
14 No. of 2010 ] Engineering Institution of
upon the expiry of one month's notice of the member's
intention to resign
the Council;
if the member becomes mentally or physically incapable
of performing duties as a member; 5
ffi if the
member is found guilty of professional misconduct;
if the member's registration is cancelled; or
if the member is convicted of an offence under this
Act
or any other law.
Where there is a vacancy in the membership of the
Council 10
before the expiry of the term of office
another person to replace the member who vacates
office but that
person shall only hold office for the remainder of the
term.
The President and the Vice Presidents of the Council
shall
not hold a position on the Board. 15
(10) The provisions of the First Schedule apply to the
Council.
Functions of
9. The functions of the Council are toЧ
Council
(a) perform
all the functions of theInstitution;
promote an understanding of professional ethics
amongst
the engineering professionals; 20
ensure that the rules and guidelines for professional
ethics
developed by the Institution are responsive to the
expectations of business institutions
who rely on engineering work;
participate in the development of international
engineering
25
practice standard setting;
make recommendations affecting
engineering profession to the general meeting of the
Institution;
0 register students of engineering; 30
promote continuing professional development among
engineering professionals; and
do all such things and acts as the Institution or
Council
may do under this Act.
Registrar 10. (1) The Council shall appoint a
Registrar who shall be the 35
chief executive officer ofthe
Institution and Secretary to the Council
on such terms and conditions as the Council may
determine.
N.A.B 7
Engineering Institution of
The Council shall appoint a Deputy Registrar who shall
assist
the Registrar in performing the Registrar's duties
under this Act.
The Registrar and Deputy Registrar shall be registered
engineers.
5
(4) The Registrar shall be the Secretary to the Board
and to
all committees thereof.
(5) The Council may appoint on such terms and
conditions as
it may determine
performance of its functions under this Act.
10
11. (1) The Council shall appoint inspectors to ensure
Inspectors
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.
15
(3) An inspector shall
ActЧ
be in possession of the certificate of appointment
referred
to under subsection (2); and
show the certificate of appointment to any person who
20 requests to see the certificate
investigation or an employee of that person.
(4) An inspector may
provisions of this Act
and on the authority of a warrant
25 inspector has reasonable grounds to believe is used
by an engineering
professional
commission of an offence or contrary to the provisions
of this Act
andЧ
(a) search
the premises;
30
(b) search
any person on the premises if there are reasonable
grounds to believe that the person has possession of
an
article
investigation:
Provided that a person shall only be searched
35 by a person of the same sex;
(c) take
extracts from
or record that is on the premises and that has a
bearing
on an investigation;
N.A.B 7
16 No. of 2010 ] Engineering Institution of
demand the production of
certificates; and
make such enquiries as may be necessary to ascertain
whether the provisions of this Act or other law on
which
an investigation is based
(5) A person whoЧ
delays or obstructs an inspector in the performance of
the inspector's functions under this Act;
refuses to give an inspector such reasonable
assistance
as the inspector may require for the purpose of 10
exercising the inspector's functions; or
(c) gives an
inspector false or misleading information in answer
to an inquiry made by the inspector;
commits an offence and is liable
exceeding two hundred thousand penalty units or to
imprisonment 15
for a period not exceeding two years
(6) An inspector shall furnish the Council with a
written report
and any other information relating to an inspection.
PART IV
THE ENGINEERING REGISTRATION BOARD
Establishment 12. (1) There is hereby established the
Engineering Registration
of Engineering
Registration Board.
Board
Functions of
Board
The Minister may
to provide for the membership
meetings and quorum of the Board. 25
The Board may
under this Act
determine and may delegate to the committees any of
its functions
as it considers necessary.
(4) Subject to any specific or general direction of
the Board
committee established under this section may regulate
its own
procedure.
13. Except as otherwise provided in this Act
the Board shall be to perform all the registration
functions of the
Institution. 35
N.A.B 7
20
Engineering Institution of
PART V
MEMBERSHIP REGISTRATION AND PRACTISING CERTIFICATE
14. (1) There shall be such classes of membership as
shall be Classes of
provided for in the constitution of the Institution.
membership
5 (2) Each class of membership shall have such rights
and obligations as may be prescribed in the
constitution of the
Institution.
(3) A person may apply to the Institution for
registration as a
Member in accordance with the provisions of the
constitution of
10 the Institution.
(1) A person shall not practise
as an engineering
professional
the constitution of the Institution
in accordance with this Act.
15 (2) A person who contravenes subsection (1) commits
an
offence and is liable
million penalty units or to imprisonment for a period
not exceeding
ten years
(1)A person shall apply for registration as an
engineering
20 professional to the Board in the prescribed manner
and form upon
payment of the prescribed fee.
The Board may determine different fees for different
classes of engineering professionals.
The Board may
25 application under subsection (1)
(4) The Board shall
subsection (3)
therefor.
Prohibition
of person
practising
without
registration
Application
for
registration
17. (1) Upon receipt of an application under section sixteen
30 the Board shall issue the applicant with a
certificate of registration eonfgineering
if the applicantЧ professionals
is registered as a Member in accordance with the
provisions of the constitution of the Institution;
possesses such knowledge
35 may be prescribed;
(c) holds a
qualification from a training institution recognised
by the Institution;
N.A.B 7
18 No. of 2010 1
Engineering Institution of
is resident in
appointment in
allied discipline;
is of good character and good professional standing;
and
(t) meets such other requirements as the Inst itution may 5
determine.
Prohibition of
engineering
organisation
or engineering
unit practising
without
registration
Application
for
registration of
engineering
organisation
or
engineering
unit
(2) The Board shall register an engineering
professional asЧ
an engineer;
a technologist;
a technician;
10
a craftsperson; or
(e) any
other engineering professional as the Minister may
on the recommendation of the Institution
(3) The Minister may
recommendation of the Institution
15
registration of a person as an engineering
professional.
(1) An engineering organisation
or engineering unit shall
not provide any engineering service or product
engineering organisation or
engineering unit is registered in
accordance with this Act. 20
(2) An engineering organisation
or engineering unit that
contravenes subsection (1) commits an offence and is
liable
conviction
units.
(1) An engineering organisation
other body registered under any law to provide an
engineering
service or product
prescribed manner and form upon payment of the
prescribed fee.
(2) Upon receipt of an application under subsection
(1)
Board shall issue the applicant with a certificate of
registration if 30
the engineering organisation
or engineering unit intends to
practice in a declared field of engineering;
the engineering organisation
or engineering unit has an
established office or appointment in
engineering or an allied discipline; and 35
(c) in the
case of a consulting engineering organisation or
engineering unit
N.A.B 7
Engineering Institution of
Consulting Engineers of Zambia and has partners who
are registered engineers with the relevant experience
as determined by the Board.
(3) The Board shall issue a certificate of
registration in the
5 following fields of competence:
civil engineering;
electrical engineering;
geology or hydrogeology;
geomatic engineering;
10 (e) mechanical engineering;
j) metallurgy;
mining;
environment engineering;
N agriculture engineering; or
15 0) any other field that the Board may determine
with the
approval of the Council.
20. (1) An
engineering professional
or engineering unit registered under this Act
titles and abbreviations:
20 Title
Abbreviation
Registered Engineer R.Eng
Registered Technologist R.Teg
Registered Technician R.Tec
25 Registered Craftsperson R.Cra
Registered Engineering Organisation
R.Eng.O
Registered Engineering Unit R.Eng.0
A person shall not use a title or abbreviation under
subsection ( I ) unless the person is registered in
accordance with
30 this Act.
A person who contravenes subsection (2) commits an
offence and is liable
hundred thousand penalty units or to imprisonment for
a period not
exceeding five years
Titles for
registered
engineering
professional
engineering
organisation
etc.
N.A.B 7
20 No. of 2010 1
Engineering Institution of
Disqualification
from
registration
21. (1) A person shall not qualify for registration as
an
engineering professional under this Act if the person
has been convicted of an offence involving fraud or
dishonesty under this Act or any other law;
has been declared to be of unsound mind under any law
in force in
is an undischarged bankrupt;
or
has been found
of professional misconduct.
Registration of 22. The Institution shall register
students of engineering in 10
setnugdineenetrsi nogf accordance with the
provisions of the constitution of the Institution.
Changes in
detail
5
Any person registered under this Act
Registrar of any change in particulars relating to the
registration
within seven days of the change.
(1) The Board shall cancel the registration of an
engineering 15
professional
engineering student where
the Board has reasonable grounds to believe that the
registration was obtained through fraud
misrepresentation or concealment of any material fact;
20
the engineering professional
engineering unit is found guilty of professional
misconduct under this Act or the Code of Ethics;
the period for which the registration of the
engineering
professional
or engineering student was issued has lapsed;
the engineering professional
engineering unit or engineering student is convicted
of
an offence under any law; or
(e) since
the registration
disqualifying the engineering professional
organisation
registration.
(2) The Board shall
subsection (1)
organisation
to be heard.
N.A.B 7
Cancellation
of
registration
Engineering Institution of
The Board may
engineering professional
or engineering student
engineering organisation
5 for such period and on such terms and conditions as
the Board
may determine.
Where the Board cancels a certificate of registration
under
this section
organisation
10 restored except on such conditions as may be
prescribed by the
Board and upon payment of the prescribed fee.
(1) A person shall not practise
as an engineering
professional
by the Board under this Act.
15 (2) A person who contravenes subsection (1) commits
an
offence and is liable
hundred thousand penalty units or to imprisonment for
a period not
exceeding seven years
(1) An engineering professional shall apply to the
Board
20 for a practising
certificate in the prescribed manner and form upon
payment of the prescribed fee.
(2) The Board shall
subsection (1) and where the application meets such
requirements
as may be prescribed
25 certificate.
A holder of a practising
certificate shall display the
practising certificate in a conspicuous place at the place of
practice.
A holder of a practising
certificate shall for professional
services rendered
30 by statutory instrument
29. (1) A practising
certificate shall be renewed annually in
the prescribed manner and form upon payment of the
prescribed
fee.
Prohibition
of practise
without
practising
certificate
Application
for
practising
certificate
Display of
practising
certificate
Fees for
engineering
services and
works
Renewal of
practising
certificate
A practising certificate
that is not renewed in accordance
35 with subsection (1) is void.
An engineering professional who practises
engineering or
provides any engineering service during any period in
which a
practising certificate is void commits an offence and is liable
conviction
40 imprisonment for a period not exceeding ten years
N.A.B 7
22 No. of 2010 1 Engineering Institution of
Cancellation 30. (1) The Board shall cancel a practising certificate if the
coef rptirfaicctaitseing holder
Regulations
relating to
practising
certificates
Conditions
of certificate
Prohibition
of transfer of
certificate
is found guilty of any professional misconduct;
is declared to be of unsound mind;
is an undischarged bankrupt;
5
contravenes the provisions of any law;
(e) obtained
the practising certificate through fraud
misrepresentation or concealment of a material fact;
or
09 commits an offence under this Act or contravenes
the
Code of Ethics. 10
Where a certificate of registration is cancelled under
this
Act
of registration shall be void and shall be surrendered
to the Board.
The Board shall
under this section
opportunity to be heard.
(4) The Board may
of an engineering professional
certificate for such period and on such terms and
conditions as the
Board may determine. 20
31. The Minister may
on the recommendation of the Board
to provide for
the terms and conditions for the issuance of practising
certificates; 25
the type of continuing 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. 30
32. A certificate issued under this Part shall contain
such terms
and conditions of the certificate as the Institution
may determine.
33. A
certificate issued under this Part shall not be transferred
to a third party.
N.A.B 7
Engineering Institution of
34. Where a certificate of registration has been
cancelled or Re-registration
suspended
to such terms and conditions as the Board may
determine
for re-registration.
5 35. (1)A person whose certificate of
registration is destroyed Duplicate
or lost may apply to the Registrar for a duplicate
certificate in the rceegrtiisftircaatitoen of
prescribed manner and form upon payment of the
prescribed fee.
(2) The Registrar may
subsection (1)
10 applicant.
(1) A person may apply to the Registrar for a
certificate
of status
engineering professional
or engineering student in the prescribed manner and
form and upon
15 payment of the prescribed fee.
(2) Upon receipt of an application under subsection
(1)
Registrar may issue a certificate of status to the
applicant in the
prescribed form.
(1) The Registrar shall keep and maintain a Register
of all Register
20 persons registered under this Act
the details and particulars relating to
registered engineering professionals
organisations
the holders of practising
certificates;
25 (c) the applications rejected and the
reasons therefor; and
(d) any
other information as the Institution may determine.
The Register shall be kept in the custody of the
Registrar
at the offices of the Institution
members of the public during normal office hours upon
payment of
30 such fee as the Institution may determine.
The Registrar may
to the person a certified extract from the Register or
a copy of a
certificate of registration
may determine.
35 38. (1) The Minister may
make regulations prescribing the circumstances and
manner in which
an engineering professional
unit or engineering studentЧ
Certificate
of status
Removal and
restoration
of name on
Register
N.A.B 7
24 No. of 2010 I
Engineering Institution of
Publication
of copies of
Register
Appeals
Holding out
as an
engineering
professional
engineering
organisation
etc.
may be removed from the Register; and
who is removed from the Register
the Register and the fee to be paid for the
restoration.
Subject to subsection (1)
engineering organisation
who is removed from the Register ceases to be registered
as an
engineering professional
or engineering student.
The Board may
does not intend to practise
for a specified period of time
the name of the holder of the practising
certificate on the Register
in a non-practising category
(1) The Registrar shall
copies of the Register and any alterations thereof
thereto
15
Board may direct.
(2) Subject to this Act
Register shall be evidence admissible in all legal
proceedings of
what is contained in that Register and the absence of
the name of
an engineering professional
unit or engineering student from that copy
evidence that the engineering professional
engineering unit or engineering student is not
registered.
(1) A person aggrieved with a decision of the Board
may
within thirty days of receiving the decision
(2) A person aggrieved with a decision of the Minister
may
within thirty days of receiving the decision
41. (1) A person shall not
an engineering professional
unit under this Act 30
practice as
be engaged as an agent of
engineering professional
engineering unit;
adopt
organisation
engineer"
technician
or abbreviation of like description; or
N.A.B 7
Engineering Institution of
(c) do
anything likely to lead persons to infer that the person
is a registered engineering professional
organisation or engineering unit.
A person or body corporate shall not offer employment
to
5 a person requiring registration under this Act.
A person who contravenes subsection (I) or (2) commits
an offence and is liable
one million penalty units or to imprisonment for a
period not
exceeding ten years
10 (4) An engineering professional
engineering unit shall not permit the engineering
professional's
engineering organisation's
or engineering unit's name to be used
by a person who is not a registered engineering
professional
engineering organisation or
engineering unit.
15 (5) A person who contravenes subsection (4) commits
an
offence and is liable
million penalty units or to imprisonment for a period
not exceeding
ten years
(6) Where an engineering organisation
or engineering unit
20 commits an act which if done by an individual would
be an offence
under subsection (3)
be deemed to have committed the offence unless the
partner proves
that the offence was committed without the partner's
knowledge
or consent.
25 42. (1) The Board may
engineering unit is being operated in contravention of
this Act
notice served on the engineering organisation
or engineering unit
direct it to take
notice
30 (2) The Board shall
referred to in subsection (1)
of general circulation in
(3) Where the engineering organisation
or engineering unit fails
without reasonable cause
35 issued under subsection (1)
certificate of registration of the engineering organisation or
engineering unit issued under section seventeen.
Enforcement
notice
N.A.B 7
26 No. of 2010 ] Engineering Institution of
Offences
regarding
registered
engineering
professional
engineering
organisation
etc.
Recognition
of foreign
qualifications
43. (1) A person shall not Ч
make or cause to be made an unauthorised
entry
or erasure in the Register or a certified copy of an
entry
in the Register or a certificate of registration or
other
certificate issued under this Act; 5
impersonate or use the title of a registered engineering
professional
while not registered as such under this Act;
procure
by fraud
material fact; or
forge a certificate of registration or other
certificate issued
under this Act.
(2) A person who contravenes subsection (1)
offence and is liable
15
million penalty units or to imprisonment for a period
not exceeding
ten years
44. (1) The Minister may
Institution
qualifications accredited by the Institution for
purposes of registration 20
under this Act.
(2) The Institution may register a person as an
engineering
professional under subsection (2) of section seventeen
a citizen of
professional in
is engaged to work as an engineering professional in
by the Government of the
undertakes such number of courses as the Institution
may
determine and passes the final examination for the
courses. 30
(3) Notwithstanding anything to the contrary in the
Immigration
Cap. 123 and Deportation Act
approval of the Institution
a person who intends to practise
professional in
(4) A person who contravenes this section commits an
offence
and is liable
penalty units or to imprisonment for a period not
exceeding ten
years
N.A.B 7
Engineering Institution of
PART VI
DISCIPLINARY COMMITTEE
The Council shall adopt and publish a Code of Ethics
for Code of
engineering professionals
5 units which shall bind all engineering professionals
organisations and engineering units regulated under this Act.
An engineering professional
engineering unit commits professional misconduct if the
engineering misconduct
professional
10 (a) contravenes the provisions of this Act;
unlawfully discloses or uses to the advantage of the
engineering professional
engineering unit any information acquired in the practise
of the engineering professional
15 or engineering unit;
engages in conduct that is dishonest
commits an offence under any other law;
engages in any conduct that is prejudicial to the
engineering
profession or is likely to bring it into disrepute; or
20 breaches the Code of Ethics or encourages another
engineering professional
engineering unit to breach or disregard the principles
of
the Code of
47. (1) A person may lodge a complaint with the
Disciplinary
25 Committee against an engineering professional
or engineering unit where the person alleges that the
engineering
professional
the Code of Ethics or any provision of this Act.
The Institution may initiate disciplinary action under
this
30 section where it has reasonable grounds to believe
that an
engineering professional
unit has contravened the Code of Ethics or any
provision of this
Act.
A complaint or allegation shall be made to the
Registrar in
35 the prescribed manner and form.
48. (1) The Institution shall establish a Disciplinary
Committee
which shall comprise the following members:
Ethics.
Initiation of
disciplinary
action
Disciplinary
Committee
N.A.B 7
28 No. of 2010 1
Engineering Institution of
Functions of
Disciplinary
Committee
a Chairperson;
a Vice Chairperson;
the President of the Council; and
five registered Members who are not members of the
Council
The Chairperson and Vice Chairperson of the
Disciplinary
Committee shall be legal practitioners qualified to
hold
have held
A person shall not be appointed as a member of the
Disciplinary Committee if the person
10
has committed or been convicted of any professional
misconduct;
is in lawful custody or the person's freedom of
movement
is restricted under any law in force within or outside
15
has been convicted of an offence under any law; or
is declared to be of unsound mind under any written
law.
A member of the Disciplinary Committee shall hold
office
for three years and may be appointed for a further
term of three
years. 20
A member of the Disciplinary Committee shall not serve
for more than two terms.
(6) The Chairperson
Vice Chairperson
Disciplinary Committee. 25
49. (1) The functions of the Disciplinary Committee
are to
hear and determineany
disciplinary action initiated by the Institution
against
an engineering professional
engineering unit that has contravened any provision of
30
the Code of Ethics or any provision of this Act; or
any complaint or allegation made by any person against
an engineering professional
or engineering unit.
(2) The Disciplinary Committee may publicise
35
consider appropriate
N.A.B 7
Engineering Institution of
professional
found guilty of
50. (1) Five members of the Disciplinary Committee
shall form
a quorum.
5 (2) Any 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
sitting or meeting shall have a casting vote in
addition to that person's
10 deliberative vote.
All proceedings of the Disciplinary Committee shall be
in
camera.
The Disciplinary Committee shall cause to be kept a
record
of its proceedings.
15 (5) A party to a hearing of the Disciplinary
Committee may
be represented by a legal practitioner or
any other person or in person.
A decision of the Disciplinary Committee shall be in
the
form of a reasoned judgment and a copy thereof shall
be supplied
20 to each party to the proceedings and to every
person affected by
the decision.
If a person is present at a meeting of the
Disciplinary
Committee at which any matter is the subject of
consideration
and in which matter the person or that person's spouse
is directly
25 or indirectly interested in a private capacity
soon as is practicable after the commencement of the
meeting
disclose the interest and shall not
otherwise directs
or vote on
30 (8) A disclosure of interest made under this
section shall be
recorded in the minutes of the meeting at which it is
made.
51. (1) The Disciplinary Committee may
any hearing
of the Chairperson of the Disciplinary Committee or
the Registrar
35 summon witnesses and require the production of any
book
document
of the proceeding
Chairperson of the Disciplinary Committee administer
an oath to
any witness.
Proceedings
of
Disciplinary
Committee
Powers of
Disciplinary
Committee
N.A.B 7
30 No. of 2010 j
Engineering Institution of Zambia
Cap. 87
(2) A person summoned to attend before the
Disciplinary
Committee who
refuses or fails to attend at the time and place
specified in
the summons or
permission of the Disciplinary Committee; 5
having attended
refuses
satisfactorily to the best of that person's knowledge
and
belief
refuses to produce any book
which that person has been required by summons to
produce;
commits an offence and is liable
refusal or failure
units. 15
(3) A person shall not be compelled to answer any
question or
produce any book
not be compelled to answer or produce on the trial of
an action in
the High Court.
A hearing before the Disciplinary Committee shall
purposes
Penal Code
Where the Disciplinary Committee
an engineering professional
unit guilty of professional misconduct
of the following penalties:
order the cancellation of a practising
certificate or
certificate of registration ofthe
engineering professional
engineering organisation or
engineering unit
the fields of speciality in
which the engineering 30
professional
may practise;
censure the engineering professional
organisation or engineering unit;
caution the engineering professional
organisation or engineering unit;
impose a fine
penalty units to be paid to the Institution;
N.A.B 7
Engineering Institution of Zambia [ No. of 2010 31
(e) order
the engineering professional
or engineering unit to pay to the Institution or to
any
other party to the hearing
the proceedings;
5 order the engineering professional
or engineering unit to pay any party to the hearing or
other person
by that person's negligence; or
(g) impose any reasonable conditions for the
suspension
10 a period not exceeding one year
registration or practising
certificate of the engineering
professional
In any hearing before the Disciplinary Committee
finding of fact which is shown to have been made by
any court in
15 Zambia shall be conclusive evidence of the fact so
found.
The Disciplinary Committee shall
cause to believe that an engineering professional is
mentally unsound to the extent that the continued practising by the
engineering professional is prejudicial to public
interest
20 matter for determination by a medical doctor.
The Disciplinary Committee shall
determines that an engineering professional is of
unsound mind
suspend the practising
certificate of the engineering professional.
25
The Disciplinary Committee shall
it finds an engineering professional
engineering unit not guilty of professional misconduct
finding that the engineering professional
or engineering unit is not guilty of such conduct in
respect of matters
of which the charge relates.
30 (10) The Disciplinary Committee may
proceedings use such assessors or experts as it may
determine.
The Disciplinary Committee shall
after the com pletion of
each hearing
of the proceedings together with a copy of the record.
Disciplinary
Committee
35 (1)A person aggrieved with a decision of the
Disciplinary Appeals to
Committee may
to the High Court.
High Court
(2) The Institution shall be the respondent on any
appeal under
this section.
N.A.B 7
32 No. of 2010 Engineering Institution of
Rules by
Chief Justice
Rules
relating to
disciplinary
proceedings
A decision of the Disciplinary Committee under this
Part
shall not take effect until the expiration of the time
for lodging an
appeal against the decision or
the appeal is disposed of
prosecution
The High Court may
confirm
imposed or direction given by the Disciplinary
Committee;
remit the matter to the Disciplinary Committee for
further 10
consideration in accordance with such directions as
the
High Court may give; or
(c) make
such other order as to costs or otherwise as it
considers appropriate.
(5) Proceedings of the Disciplinary Committee shall
not be set 15
aside by reason only of some irregularity in those
proceedings if
such irregularity did not occasion a substantial
miscarriage of justice.
The Chief Justice may
regulating appeals to the High Court under this Part.
(1) The Chief Justice may
recommendation of the Council
the manner and form for lodging of complaints under
this
Part;
the mode of summoning persons before the Disciplinary
Committee; 25
the form and manner of service of a summons requiring
the attendance of a witness before the Disciplinary
Committee and the production of any book
document or thing;
the procedure to be followed and rules of evidence to
be 30
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
(a) that
before any matters are referred to the Disciplinary
Committee they shall
by the rules
by
N.A.B 7
Jurisdiction
over acts
committed
outside
Cap. 98
Presumption
of nonregistration
No execution
on
of
property
Institution
Engineering Institution of
for securing notices for the proceedings and
specifying
the time and manner of the proceedings; and
for securing that any party to the proceedings shall
person requires
5
Committee.
PART VII
GENERAL PROVISIONS
56. (1) A court of competent jurisdiction shall have j
urisdiction
over engineering professionals
10 engineering units for any act committed outside
had been committed in
professional misconduct under this Act.
(2) Any proceedings against an engineering
professional
engineering organisation or
engineering unit under this section which
15 would be a bar to subsequent proceedings against
the engineering
professional
same offence
be a bar to further proceedings against the
engineering professional
engineering organisation or
engineering unit under any written law
20 relating to the extradition of persons
outside
(3) The Mutual Legal Assistance in Criminal Matters
Act shall
apply to proceedings under this Act.
In any criminal proceedings against an engineering
25 professional
charge of having performed an act which constitutes an
offence if
performed by an unregistered engineering professional
organisation or engineering unit
engineering organisation or
engineering unit charged shall be
30 presumed to be unregistered unless that engineering
professional
engineering organisation or
engineering unit proves the contrary.
Notwithstanding anything to the contrary contained in
any
written law
the Institution
35 shall be issued against the Institution or against
the property of the
Institution
of the Institution such amount as may
awarded against the Institution to the person entitled
to the amount.
59. A person
who contravenes a provision of this Act for which General
a specific penalty is not provided
N.A.B 7
34 No. of 2010 1
Engineering Institution of
Offences by
body
corporate or
unincorporate
body
not exceeding one hundred thousand penalty units or to
imprisonment
for a period not exceeding one year
60. Where an
offence under this Act is committed by a body
corporate or an unincorporate
body
the body corporate or an unincorporate
body shall be liable
conviction
the offence
of the court that the act constituting the offence was
done without
the knowledge
or that the director or manager took reasonable steps
to prevent 10
the commission of the offence.
Authority to 61. (1) In the exercise of its functions
under this Act
issue
guidelines
Institution may issue such guidelines as are necessary
for the better
carrying out of the provisions of this Act.
The Institution shall publish the guidelines issued
under this 15
Act in a daily newspaper of general circulation in
guidelines shall not take effect until they are so
published.
The guidelines issued by the Institution under this
Act shall
bind all persons regulated under this Act.
Regulations
62. (1) The Minister may
recommendation of the Council
carrying out of the provisions of this Act.
(2) Notwithstanding the generality of subsection (1)
under that subsection may make provision forЧ
the forms
to be made under this Act;
the information and documents to be submitted in
support
of applications to be made under this Act;
the form and the particulars to be entered on the
Register;
the form of the certificate of registration and the
conditions 30
under which the certificate of registration is issued;
(e) the form of the practising
certificate and the conditions
under which the practising
certificate is issued;
0 the qualifications
for registration of an engineering
N.A.B 7
Engineering Institution of
professional
or engineering student;
the requirements and conditions for the recognition of
local and foreign qualifications accredited by the
5
Institution for purposes of registration under this
Act;
the composition
committee established under this Act;
(t) the
regulation of powers exercisable by the Council
committees and bodies of the Institution;
10
0) the code of conduct to which all Members of the
Institution
shall subscribe
and ethics for engineering professionals
organisations and engineering units;
(k) the
fixing of fees for professional services and any other
15 fees which are required to be prescribed; and
(/) generally
Act.
63. (1) The Engineering Institution of Zambia Act
hereby repealed.
20
(2) Notwithstanding subsection (1)
Schedule shall apply in respect of the matters
specified therein.
Notwithstanding subsection (1)
before the appointed date
Council or Board shall hold office as a member of the
Institution
25 Council or Board for a period of three months after
which the
person shall be appointed or elected in accordance
with the
provisions of this Act.
After the appointed date
engineering organisation or
engineering unit registered under the
30 repealed Act shall continue to practise
as an engineering Cap. 432
professional
of twelve months
engineering organisation or
engineering unit shall apply for
registration in accordance with the provisions of this
Act.
Repeal of
Act No. 27
of 1992
Cap. 432
N.A.B 7
36 No. of 2010 1
Engineering Institution of
FIRST SCHEDULE
(Sections 3 and
8)
PART I
ADMINISTRATION OF INSTITUTION
Seal of
1. (1) The Seal of the Institution shall be such
device as may 5
Institution
be determined by the Council and shall be kept by the
Registrar.
The President or a Vice President
other person authorised by a
resolution of the Council to so act
shall authenticate the affixing of the seal.
Where a contract or instrument is not required to be
under 10
seal
behalf
Council without seal.
(4) A document purporting to be a document under the
seal of
the Institution or issued on behalf of the Institution
in evidence and shall be executed or issued
without further proof
Proceedings
2. (1) Subject to the other provisions of this Act
of Council
may regulate its own procedure.
The Council shall meet for the transaction of business
at 20
least once in every three months at such places and
times as the
Council may determine.
Upon giving notice of not less than fourteen
days
shall be called if not less than one third of the
members so request 25
in writing:
Provided that if the urgency of a particular matter
does not permit
the giving of notice
shorter notice.
One half of the members of the Council shall form a
quorum. 30
There shall preside at a meeting of the CouncilЧ
the President;
in the absence of the President
(c) in the absence of the President and the Vice
Presidents
member of the Council as the members present may 35
elect from amongst themselves for the purpose of that
N.A.B 7
meeting.
Engineering Institution of
(6) A decision of the Council on any question shall be
by a
majority of the members present and voting at the
meeting and
the event of an equality of votes
shall have
5 (7) Where a member is for any reason unable to
attend a
meeting of the Council
another person from the same organisation
to attend the meeting in
that member's stead and such person shall be deemed to
be a
member for the purpose of that meeting.
10 (8) The Council may invite any person whose
presence
opinion
a meeting of the Council
The validity of any proceedings
Council shall not be affected by any vacancy in the
membership of
15 the Council or any defect in the appointment of any
member or by
reason that any person not entitled to do so
proceedings.
The Council shall cause minutes to be kept of the
proceedings of every meeting of the Council and any
committee
20 established by the Council.
3. (1) The Council may
functions under this Act
the committee such functions of the Council as it
considers necessary.
The Council may appoint as members of a committee
25 constituted under sub paragraph (1)
members of the Council and such persons shall hold
office for
such period as the Council may determine.
Subject to any specific or general direction of the
Council
any committee constituted under this paragraph may
regulate its
30 own procedure.
4. A member of the Council or Board
thereof
approval of the Minister
5. (1) If any person is present at a meeting of the
Council
35 a committee of the Council
person or any member of the person's immediate family
is directly
or indirectly interested in a private capacity
consideration
commencement of the meeting
N.A.B 7
38 No. of 2010 ] Engineering Institution of
unless the Council or the committee otherwise directs
any consideration or discussion of
to that matter.
Prohibition
of
publication
of
disclosure of
information
to
unauthorised
persons
Immunity of
member and
staff
(2) A disclosure of interest made under this paragraph
shall be
recorded in the minutes of the meeting at which the
disclosure is 5
made.
6. (1) A person shall not
by or on behalf of the Council
person
contents of any document
whatsoever
knowledge in the course of that person's duties under
this Act.
A person who contravenes sub-paragraph (1) commits an
offence and is liable
hundred thousand penalty units or to imprisonment for
a period not 15
exceeding two years
A person who
of that person has been published or disclosed in
contravention of
sub-paragraph (1)
information to any other person
upon conviction
penalty units or to imprisonment for a period not
exceeding two
years
7. An action or other proceeding shall not lie or be
instituted
against a member of the Council or a committee of the
Council
a member of staff of the Council
thing done or omitted to be done in good faith in the
exercise or
performance
powers
PART II 30
FINANCIAL PROVISIONS
Funds of
8. (1) The funds of the Institution shall consist of
such moneys
Institution as maybe
appropriated by Parliament;
be paid to the Institution by way of fees
donations; or
(c) vest in
or accrue to the Institution.
N.A.B 7
Engineering Institution of
The Institution mayЧ
(a) accept
moneys by way of grants or donations
the approval of the Minister
5
(b) raise by
way of loans or otherwise
Institution may require for the discharge of the
Institution's functions; or
(c) in
accordance with the regulations made under this Act
charge and collect fees for services provided by the
10 Institution.
There shall be paid from the funds of the InstitutionЧ
the salaries
the Institution;
reasonable travelling
15
for members of the Council or Board
thereof
at rates as the Council may
Minister
(c) any
other expenses incurred by the Council or Board
20 any committee thereof
Institution's functions.
(4) The Council may invest
thinks fit
the performance of the Institution's functions.
25 9. The financial year of the Institution shall be
the period of Financial
twelve months ending on 31st December in each year.
year
10. (1) The Institution shall cause to be kept proper
books of Accounts
accounts and other records relating to the
Institution's accounts. and audit
The accounts of the Institution for each financial
year shall
30 be audited by the Auditor-General or such
independent auditors as
the Auditor-General may approve.
The Institution shall
of each financial year of the Institution
report of its activities together with a copy of its
audited accounts
35 for that financial year
days after the first sitting of the National Assembly
next after the
receipt of the report
N.A.B 7
40 No. of 2010 ] Engineering Institution of
Definition
Cap. 432
Staff of
Institution
Transfer of
assets and
liabilities
SECOND SCHEDULE
(Section 63
(2))
SAVINGS AND TRANSITIONAL PROVISIONS
In this Schedule "former Institution" means
the Institution
established under the repealed Act. 5
(1) For the avoidance of doubt
commencement of this Act
Institution
employed under this Act.
The service of the persons referred to in
sub-paragraph 10
(1) shall be treated as continuous service.
Nothing in this Act
employee employed by the former Institution before the
commencement of this Act.
3. (1) On or after the appointed date
to
and without further assurance
immediately before that date were the assets
obligations of the former Institution.
(2) Subject to subparagraph(1)
agreement
the former Institution
commencement of this Act
rights
subject matter or terms make it impossible that it
should have effect 25
as modified
the Institution
for any reference to the former Institution there was
substituted
on or after the appointed date
Institution; or
(c) for any
reference to any officer of the former Institution
not being a party to it and beneficially interested
were substituted
on or after the appointed date
35
of the Institution
(3) Where under this Act
obligations of the former Institution
N.A.B 7
Engineering Institution of
to the Institution
for registration
to the appropriate registration authority for
registration of the
transfer.
5 (4) The registration authority
shall make such entries in the appropriate register as
shall give
effect to the transfer and
concerned a certificate of title in respect of the
property or make
necessary amendments to the register and shall endorse
the deeds
10 relating to the title
fees or other duties shall be payable in respect of
the transaction.
4. (1) Any legal proceedings pending immediately
before the Legal
appointed date by or against the former Institution
by or against the Institution.
15 (2) After the commencement of this Act
of any right
incurred or suffered by the former Institution
or against the Institution.
N.A.B 7