CHAPTER 137
EXAMINATIONS COUNCIL OF ZAMBIA ACT

Arrangement of Sections

PART I
PRELIMINARY

   Section

   1.   Short title

   2.   Interpretation

PART II
EXAMINATIONS COUNCIL OF ZAMBIA

   3.   Establishment of council

   4.   Seal of council

   5.   Composition of council

   6.   Disqualification from membership

   7.   Tenure of office and vacancies

   8.   Functions of council

   9.   Remuneration and allowances of members

   10.   Proceedings of council

   11.   Committees of council

   12.   Director and Deputy Director

   13.   Secretary and other staff

   14.   Disclosure of interest

   15.   Immunity of members

   16.   Prohibition of publication or disclosure of information to unauthorised persons

PART III
OATHS, OFFENCES AND PENALTIES

   17.   Oath of secrecy

   18.   Disclosure of examination question, etc.

   19.   Unauthorised possession of examination paper or information

   20.   Loss and misuse of examination paper

   21.   Disclosure of interest in examination or examination paper

   22.   Nullification of examination or examination results

PART IV
FINANCIAL AND OTHER PROVISIONS

   23.   Funds of council

   24.   Financial year

   25.   Accounts

   26.   Annual report

   27.   Regulations

AN ACT

to establish the Examinations Council of Zambia; to define the functions and powers of the council; and to provide for matters connected with or incidental to the foregoing.

[12th August, 1983]

Act 15 of 1983,

Act 33 of 1993,

Act 13 of 1994.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Examinations Council of Zambia Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

“Chairman” means the person designated Chairman of the council by section 5;

“council” means the Examinations Council of Zambia established by section 3;

“Deputy Director” means the person appointed Deputy Director of the council under section 12;

“Director” means the person appointed Director of the council under section 12;

“examination” means any examination which the Minister may, by Gazette Notice, designate as such;

“examination paper” includes any draft question paper, final question paper, marking scheme, specimen and any other material connected with or related to any current or future examination;

“information” means any matter of whatever description or detail relating to any examination or examination paper;

“member” means a member of the council;

“parastatal body” means any statutory corporation or any company, association or other body in which the Government has a majority or controlling interest;

“Secretary” means the person appointed Secretary of the council under section 13;

“Vice-Chairman” means the person elected Vice-Chairman of the council under section 5.

PART II
EXAMINATIONS COUNCIL OF ZAMBIA

3.   Establishment of council

There is hereby established the Examinations Council of Zambia which shall be a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name, and with power, subject to the provisions of this Act, to do all such acts and things as a body corporate may by law do or perform.

4.   Seal of council

   (1) The seal of the council shall be such device as may be determined by the council and shall be kept by the Secretary.

   (2) The council may use a wafer or rubber stamp in lieu of the seal.

   (3) The affixing of the seal shall be authenticated by the Chairman or the Vice-Chairman, and the Secretary or one other person authorised in that behalf by a resolution of the council.

   (4) Any 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 council by the Director or any other person authorised in that behalf by a resolution of the council.

   (5) Any document purporting to be a document under the seal of the council or issued on behalf of the council 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.

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