AGRICULTURAL INSTITUTE OF ZAMBIA ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY PROVISIONS

   1.   Short title and commencement

   2.   Interpretation

PART II
THE AGRICULTURAL INSTITUTE OF ZAMBIA

   3.   Establishment of Agricultural Institute of Zambia

   4.   Seal of Institute

   5.   Functions of Institute

   6.   Constitution of Institute

   7.   Meetings of Institute

PART III
THE AGRICULTURAL COUNCIL

   8.   Constitution of Council

   9.   Functions of Council

   10.   Registrar

   11.   Deputy Registrar and other staff

   12.   Inspectors

PART IV
THE AGRICULTURAL REGISTRATION BOARD

   13.   Establishment of Agricultural Registration Board

   14.   Functions of Board

   15.   Committees

PART V
REGISTRATION OF AGRICULTURAL PROFESSIONALS

   16.   Classes of membership

   17.   Prohibition of person practising without registration

   18.   Application for registration as agricultural professional

   19.   Registration of agricultural professionals

   20.   Disqualification from registration

   21.   Title for registered agricultural professionals

   22.   Changes in detail

   23.   Suspension and cancellation of registration

   24.   Re-registration

   25.   Practising certificate

   26.   Prohibition of practice without practising certificate

   27.   Holding out as agricultural professional

   28.   Offences regarding registered agricultural professional

   29.   Display of practising certificate

   30.   Fees for agricultural services and works

   31.   Renewal of practising certificate

   32.   Suspension and cancellation of practising certificate

   33.   Prohibition of transfer of certificate of registration or practising certificate

   34.   Duplicate certificate of registration or practising certificate

   35.   Certificate of status

   36.   Register

   37.   Removal and restoration of name on Register

   38.   Publication of copies of Register

   39.   Appeals

PART VI
DISCIPLINE AND ETHICS

   40.   Code of ethics

   41.   Professional misconduct

   42.   Initiation of complaint

   43.   Disciplinary Committee

   44.   Functions of Disciplinary Committee

   45.   Proceedings of Disciplinary Committee

   46.   Powers of Disciplinary Committee

   47.   Inquiry into mental capacity of agricultural professional

   48.   Reports by Disciplinary Committee

   49.   Appeal to High Court

   50.   Rules relating to disciplinary proceedings

PART VII
GENERAL PROVISIONS

   51.   General penalty

   52.   Guidelines

   53.   Regulations

 

      SCHEDULE

AN ACT

to establish the Agricultural Institute of Zambia; provide for the registration of agricultural professionals and regulate their professional conduct in the interest of the agricultural sector; and provide for matters connected with, or incidental to, the foregoing.

[On Notice]

Act 2 of 2017.

PART I
PRELIMINARY PROVISIONS

1.   Short title and commencement

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.

2.   Interpretation

In this Act, unless the context otherwise requires—

“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;

“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 Institute in accordance with the provisions of this Act, 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;

“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;

“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

3.   Establishment of Agricultural Institute of Zambia

   (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.

4.   Seal of Institute

   (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.

5.   Functions of Institute

The functions of the Institute are to—

   (a)   register agricultural professionals and regulate their professional conduct;

   (b)   promote the agricultural profession in 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.

6.   Constitution of Institute

   (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 sub-section (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;

   (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.

7.   Meetings of Institute

   (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

8.   Constitution of Council

   (1) There is constituted the Council which shall be responsible for the management and control of the affairs of the Institute.

   (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

   (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.

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