ZAMBIA INSTITUTE OF MARKETING ACT

Arrangement of Sections

PART I
PRELIMINARY

   Section

   1.   Short title

   2.   Interpretation

PART II
THE ZAMBIA INSTITUTE OF MARKETING

   3.   Establishment of Institute

   4.   Functions of Institute

PART III
THE COUNCIL OF THE ZAMBIA INSTITUTE OF MARKETING

   5.   Constitution of Council

   6.   Functions of Council

PART IV
REGISTRATION OF MEMBERSHIP

   7.   Marketer’s Registration Committee

   8.   Application for membership

   9.   Qualification for membership

   10.   Disqualification of member

   11.   Classes of membership

   12.   Fellow

   13.   Member

   14.   Honorary Member

   15.   Graduate Member

   16.   Student Member

   17.   Associate Member

   18.   Corporate Membership

   19.   Right to vote

   20.   Designation of members

   21.   Penalty for improper use of title or description

   22.   Register

   23.   Offences relating to practice

   24.   Offences relating to registration

   25.   Cancellation of registration

   26.   Appeal

   27.   Application for re-registration

PART V
DISCIPLINARY COMMITTEE

   28.   Disciplinary Committee

   29.   Functions of Disciplinary Committee

   30.   Proceedings of Disciplinary Committee

   31.   Powers of Disciplinary Committee

   32.   Professional misconduct

   33.   Penalties to be imposed by Disciplinary Committee

   34.   Appeals to Council

PART VI
MISCELLANEOUS

   35.   Branches of Institute

   36.   Professional fees

   37.   Professional practice

   38.   Offences and penalties

   39.   Regulations by Council

   40.   Savings and transitional provisions

   41.   Transfer of staff

      SCHEDULE

AN ACT

to establish the Zambia Institute of Marketing and to provide for its functions; to constitute the Council of the Zambia Institute of Marketing; to provide for the registration of members; and to provide for matters connected with or incidents to the foregoing.

[16th September, 2003]

Act 14 of 2003.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Zambia Institute of Marketing Act .

2.   Interpretation

In this Act, unless the context otherwise requires—

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

“Chairperson” means—

“the Chairperson of the Registration Committee elected under sub-section (5) of section 7; or the Chairperson of the Disciplinary Committee elected under sub-section (1) of section 28”;

“Council” means the Council constituted under section 5;

“corporate membership” means membership accorded to a corporate body;

“degree” means a Bachelor of Business Administration degree; Bachelor of Marketing degree; Bachelor of Commerce degree, Bachelor of Economics degree or any other degree approved by the Council;

“Disciplinary Committee” means the Disciplinary Committee of the Institute constituted under section 28;

“diploma” means a marketing diploma obtained from a recognised institution approved by the Council;

“Executive Committee” means the Executive Committee of the former Institute;

“financial year” means the period of twelve months ending 31st March in any year;

“former Institute” means the Zambia Institute of Marketing registered under the Societies Act;

“Institute” means The Zambia Institute of Marketing established under section 3;

“marketer” means any person recognised and registered as such under this Act and includes marketing and advertising consultants; and

“marketing” shall be construed accordingly;

“marketing field” includes advertising agency, marketing research agency, marketing consultancy practice, public relations agency and sales management;

“member” means a member of the Institute and “membership” shall be construed accordingly;

“practising certificate” means a certificate issued under section 8 authorising a person to practice as a marketer;

“President” means the President of the Council elected under sub-paragraph (2) of paragraph 1 of the Schedule;

“Publicity Secretary” means the Publicity Secretary of the Council elected under sub-paragraph (2) of paragraph 1 of the Schedule;

“Registrar” means the Registrar of the Institute appointed under sub-paragraph (1) of paragraph 8 of the Schedule;

“Registration Committee” means the Marketer’s Registration Committee constituted under section 7;

“related discipline” means a business discipline or professional qualification other than marketing which is approved by the Council;

“Secretary” means the Secretary of the Council elected under sub-paragraph (2) of paragraph 1 of the Schedule;

“special resolution” means a resolution passed by not less than a two-thirds majority of the total paid-up membership of the Institute duly convened with the due notice of the intention to propose such a resolution;

“Treasurer” means the Treasurer of the Council elected under sub-paragraph (2) of paragraph 1 of the Schedule;

“Vice-President” means the Vice-President of the Council elected under sub-paragraph (2) of paragraph 1 of the Schedule;

“Vice-Secretary” means the Vice-Secretary of the Council elected under sub-paragraph (2) of paragraph 1 of the Schedule; and

“Vice-Treasurer” means the Vice-Treasurer of the Council elected under sub-paragraph (2) of paragraph 1 of the Schedule.

PART II
THE ZAMBIA INSTITUTE OF MARKETING

3.   Establishment of Institute

There is hereby established the Zambia Institute of Marketing 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 as a body corporate may by law do or perform.

4.   Functions of Institute

The functions of the Institute are to—

      (a)   promote the general advancement of the marketing profession and related disciplines;

      (b)   promote, uphold and improve the standards of training, practice and professional competence of persons engaged in marketing in Zambia;

      (c)   conduct training of persons in marketing;

      (d)   publish text books, journals, pamphlets, newsletters or papers in marketing;

      (e)   raise the standards of marketing as a means of increasing productivity and efficiency in industry, trade and commerce;

      (f)   promote ethical and responsible practice among practitioners in the marketing profession and related disciplines;

      (g)   apply to the appropriate authorities for registration and protection of all or any badges or designations as the Institute may deem fit;

      (h)   hold meetings of the Institute for the reading and discussion of papers for professional interest and development, to make awards to authors of papers of special merit, to recognise outstanding marketing personalities and to arrange for other activities of interest or benefit to members’;

      (i)   acquire, hold, take, develop, lease, hire or dispose of properties of all kinds whether movable or immovable, and to derive capital or income therefrom, for all or any of foregoing objects;

      (j)   raise or borrow money for all or any of the foregoing objects in such a manner and upon such security as may from time to time be determined by the Council or general meeting and in particular by issue of bonds, debentures, bills of exchange, promissory notes or other obligations or securities of the Institute or mortgage or charge any part of the property of the Institute;

      (k)   verify or cause to be verified by the Registration Committee qualifications of applicants for admission to membership of the Institute by examination, inquiry or otherwise in the theory or practice of marketing and grant certificates of proficiency, prizes, grants and scholarships;

      (l)   provide advisory and consultancy services in marketing; and

      (m)   do all such things as are connected with or incidental to the attainment of any of the foregoing objects.

PART III
THE COUNCIL OF THE ZAMBIA INSTITUTE OF MARKETING

5.   Constitution of Council

   (1) There is hereby constituted the Council of the Zambia Institute of Marketing.

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

6.   Functions of Council

The functions of the Council are to—

      (a)   exercise the functions of the Institute;

      (b)   set minimum educational qualifications for enrolment of persons as students of the Institute;

      (c)   enroll students of marketing and to keep a register of all the enrolled students;

      (d)   determine fees to be paid by any member or person in respect of courses and examinations set by the Council;

      (e)   set and establish such course of study or syllabus whether graduate or otherwise as it considers necessary;

      (f)   confer certificates on persons who are successful candidates in the examinations conducted by the Council;

      (g)   set, establish and monitor standards for persons employed in marketing management;

      (h)   maintain a register of the names of all persons who are members of the Institute and the class of membership applicable to such persons;

      (i)   appoint representatives to meetings of local or international bodies where required; and

      (j)    determine appeals against decisions or penalties imposed by the Disciplinary Committee.

PART IV
REGISTRATION OF MEMBERSHIP

7.   Marketers’ Registration Committee

   (1) There shall be a Marketers’ Registration Committee of the Council that shall register all professional marketers in Zambia.

   (2) The Committee shall consist of—

      (a)   the Dean of the School of Business of a public university;

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