CHAPTER 138
TECHNICAL EDUCATION, VOCATIONAL AND ENTREPRENEURSHIP TRAINING ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Application

   3.   Interpretation

PART II
THE TECHNICAL EDUCATION, VOCATIONAL AND ENTREPRENEURSHIP TRAINING

   4.   Establishment of Authority

   5.   Functions of Authority

   6.   Composition of Authority

   7.   Director-General

   8.   Secretary and other staff

PART III
ESTABLISHMENT OF GOVERNMENT INSTITUTIONS AND MANAGEMENT BOARDS

   9.   Establishment of Institution

   10.   Constitution of management boards

   11.   Functions of management boards

   12.   Principal, Vice-Principal and other staff

   13.   Secondment to another institution

   14.   Rights of management board in discoveries

PART IV
REGISTRATION OF INSTITUTIONS

   15.   Registration of institutions

   16.   Register of institutions

   17.   Cancellation of registration of institution

   18.   Appeals

   19.   Offences and penalties

   20.   Publication of list of registered institutions

   21.   Registration of private institutions

PART IVA
THE TECHNICAL EDUCATION, VOCATIONAL AND ENTREPRENEURSHP TRAINING FUND

   21A.   Establishment of Technical Education, Vocational and Entrepreneurship Training Fund

   21B.   Bank account

   21C.   Application of money of Fund

PART V
INSPECTION AND GENERAL PROVISIONS

   22.   Inspectors

   23.   Powers of inspectors

   24.   Obstruction of inspectors

   25.   Transfer of employees

   26.   Regulations

   27.   Repeal

      FIRST SCHEDULE

      SECOND SCHEDULE

AN ACT

to establish the Technical Education, Vocational and Entrepreneurship Training Authority and to define its functions; to provide for the establishment of Government institutions of technical education, vocational and entrepreneurship training; to constitute management boards for institutions established under the Act and provide for their composition; to regulate all institutions providing technical education, vocational and entrepreneurship training; to establish the Technical Education, Vocational and Entrepreneurship Training Fund; to repeal the Technical Education and Vocational Training Act, 1972; and to provide for matters connected with or incidental to the foregoing.

[Am by s 2 of Act 11 of 2005.]

[24th April, 1998]

Act 13 of 1998,

Act 11 of 2005.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Technical Education, Vocational and Entrepreneurship Training Act.

2.   Application

Nothing in this Act shall apply to—

      (a)   a university established in Zambia under the Universities Act;

      (b)   any school in relation to which the Education Act applies except as may be prescribed by statutory instrument in consultation with the Minister responsible for general education;

      (c)    any school or institution solely providing instruction of a religious, social or recreational nature; or

      (d)    any other institution which is established, administered, controlled, licensed or supervised under the provisions of any other written law.

3.   Interpretation

“aided institution” means an institution financially aided by the Government;

appointed date” means the date appointed by the Minister under section 1;

"assessor" means a person accredited by the authority, for such a period as the authority may determine to carry out assessments of trainee performance against standards of competence prescribed—

      (a)   by the Authority in the case of national curricula, or

      (b)   by an institution registered under this Act in the case of local curricula;

[Ins by s 3(d) of Act 11 of 2005.]

Authority” means the Technical Education, vocational and Entrepreneurship Training Authority established under section 4;

Chairperson” means—

      (a)   a person elected as Chairperson of the Authority under section 6; or

      (b)   a person appointed as Chairperson of a management board under section 10;

[Subs by s 3(a) of Act 11 of 2005.]

"Examiner" means a person accredited by the Authority for such a period as the Authority may determine, to prepare or administer local or foreign examinations accredited by the Authority;

[Ins by s 3(d) of Act 11 of 2005.]

"Fund" means the Technical Education, Vocational and Entrepreneurship Training Fund established by section 21A;

[Ins by s 3(d) of Act 11 of 2005.]

Government institution” means an institution owned or controlled by the Government;

inspector” means a person appointed as an inspector under section 24;

“institution” means any organization or premises by or at which regular instrument relating to technical education, vocational and entrepreneurship training is provided or from which such instructions emanates, whether by distance learning or otherwise, and shall include a private institution and aided institution;

management board” means a technical education and vocational training management board constituted under section 10;

Principal” means the person appointed Principal of an institution under section 12;

private institution” means any institution other than a Government institution;

repealed Act” means the Technical Education and Vocational Training Act;

Secretary” means—

      (a)   the person appointed as Secretary of the Authority under section 8; or

      (b)   the person appointed as Secretary of a management board under section 10;

[Subs by s 3(b) of Act 11 of 2005.]

"Trainer" means a person accredited by the Authority for such period as the authority may determine to provide instructions and counsel relating to the trade or profession to trainees enrolled in an institution registered under this Act;.

[Ins by s 3(d) of Act 11 of 2005.]

"Vice-Chairperson” means—

      (a)   the person elected as Vice-Chairperson of the authority under section 6; or

      (b)   the person elected as the Vice-Chairperson of a management board under section 10; and

[Subs by s 3(c) of Act 11 of 2005.]

"Vice-Principal” means a person appointed as Vice-Principal of an institution under section 12.

PART II
THE TECHINICAL, EDUCATION VOCATIONAL AND ENTREPRENEURSHIP TRAINING AUTHORITY

4.   Establishment of Authority

   (1) There is hereby established the Technical Education, Vocational and Entrepreneurship Training Authority which shall be a body corporate with perpetual succession an a common seal, capable of suing and of being sued in its corporate name, and with power, subject to the provisions of the act, to do all such things as a body corporate may be law perform.

   (2) The provisions of the First Schedule shall apply to the Authority.

5.   Function of Authority

   (1) The Function of the Authority shall be to regulate, monitor and co-ordinate technical education, vocational and entrepreneurship training in consultation with industry, employers, workers and other stakeholders.

   (2) Without prejudice to the generality of sub-section (1), the Authority shall—

      (a)   administer and manage the Technical Education, Vocational Entrepreneurship Training Fund;

      (b)   advise the Minister on the development of the quality of human resources in Zambia through technical education, vocational and entrepreneurship training;

      (c)   regulate and advise institutions established or registered under this Act;

      (d)   regulate and coordinate apprenticeship and trade testing systems;

      (e)   facilitate the provision of technical consultancy to institutions established or registered under the Act;

      (f)   facilitate the development of technical capacity in institutions established or registered under the Act;

      (g)   develop national curricula in consultation with stakeholders;

      (h)   set minimum standards and qualifications for any occupation, skill, technology or trade in accordance with trends in industry;

      (i)   provide guidelines for the development of institutional curricula;

      (j)   accredit local and foreign examinations to be taken by person attending courses at an institution established or registered under the Act;

      (k)   regulate and conduct national examinations and assessments relating to technical education vocational and entrepreneurship training;

      (l)   charge and collect fees in respect of examinations, assessment and other services provided by the Authority;

      (m)   award certificates to persons who succeed in examinations and assessments under taken under this Act;

      (n)   approve curricula and standards of certificates in institutions established or registered under this Act;

      (o)   register institutions;

      (p)   cancel the registration of an institution established or registered under this Act;

      (q)   collect, manage and disseminate labour market information relating to technical education, vocational and entrepreneurship training;

      (r)   initiate, monitor and evaluate development programmes for the continued advancement of technical education, vocational and entrepreneurship training;

      (s)   determine the equivalencies of local and foreign qualifications;

      (t)   accredit and register trainers, examiners and assessors;

      (u)   in consultation with the Minister-

         (i)   determine priority skills areas in technical education, vocational training for the purpose of enhancing social and economic development in Zambia;

         (ii)   mobilize financial and material resources for the provision of technical education, vocational and entrepreneurship training; and

      (v)   do all such things connected with or incidental to the functions of the Authority under this Act.

[S 5(2) subs by s 4(a) of Act 11 of 2005.]

   (3) The Minister may give such general or specific directions to the Authority in the performance of its functions for the purpose of enhancing technical education, vocation and entrepreneurship training as the Minister considers necessary and the Authority shall implement those directions.

[S 5(3) ins by s 4(b) of Act 11 of 2005.]

6.   Composition of Authority

   (1) The Authority shall consist of members appointed by the Minister as follows-

      (a)   the Permanent Secretary in the ministry responsible for technical education and vocational training;

      (b)   a representative of a federation of trade unions;

      (c)   a person from the mining industry;

      (d)   the Chairperson of Zambia Association of Chambers of Commerce and Industry;

      (e)   a Chairperson of an organisation representing the informal sector in small scale industry;

      (f)   the Permanent Secretaries of the ministries responsible for education, labour, youth and sport, commerce, trade and industry and community and social development;

      (g)   two representatives of universities established under the Universities Act;

      (h)   a representative of a federation of employers’ organisations;

      (i)   a representative of the Engineering Institution of Zambia;

      (j)   a person from a financial institutions;

      (k)   a representative of Small Enterprise Development Board;

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