NATIONAL COUNCIL FOR CONSTRUCTION ACT
Arrangement of Sections
1. Short title
THE NATIONAL COUNCIL FOR CONSTRUCTION
3. Establishment of Council
4. Composition of Council
5. Functions of Council
6. Powers of Council
REGISTRATION OF CONTRACTORS
7. Application for registration
8. Contractor to operate under registered category
9. Register of contractors and affiliated bodies
10. Cancellation of registration
11. Appeal against refusal to register contractor or cancellation of registration
12. Affiliation to Council of professional bodies
13. Publication of list of registered contractors
14. Annual registration fee.
REGISTER OF PROJECTS
15. Register of projects
16. Best practice assessment scheme and best practice contractor recognition scheme
17. Establishment of Construction School
18. Principal and other staff
19. Functions of Principal
20. Functions of Council in relation to School.
21. Offences and penalties
22. Prohibition in respect of award of tender unless registered
23. Award of contract to foreign company or foreign firm
24. Partnership with Zambia company or Zambian firm
25. Prohibition of use of substandard construction materials
26. Manufacture or sale of substandard construction materials
28. Savings and transitional provisions
to provide for the establishment of the National Council for Construction and to define its functions; to provide for the promotion and development of the construction industry in Zambia; to provide for the registration of contractors; to provide for the affiliation to the Council of professional bodies or organisations whose members are engaged in activities related to the construction industry; to provide for the regulation of the construction industry; to provide for the establishment of the Construction School; to provide for the training of persons engaged in construction or in activities related to construction; and to provide for matters connected with or incidental to the foregoing.
[16th September, 2003]
Act 13 of 2003.
This Act may be cited as the National Council for Construction Act, 2003.
In this Act, unless the context otherwise requires—
“affiliated body” means a professional body or trade association that is affiliated to the Council;
“Agency” means the Road Development Agency established under the Public Roads Act;
“architect” means an architect registered under the Zambia Institute of Architects Act;
“best practice” means a desirable and appropriate standard, process, procedure, method or system in relation to the delivery process and the life cycle of fixed assets;
“best practice contractor recognition scheme” means the best practice contractor recognition scheme referred to in section 16;
“best practice project assessment scheme” means the best practice project assessment scheme referred to in section 16;
“Buildings Department” means the Buildings Department in the Ministry responsible for works and supply;
“Chairperson” means the person elected Chairperson of the Council under section 4;
“committee” means a committee of the Council constituted under paragraph 4 of the First Schedule;
“contractor” means a person, or body of persons, who undertakes to execute and complete construction works;
“construction works” means the provision of a combination of goods and services for the development, extension, installation, repair, maintenance, renewal, removal, renovation, alteration, dismantling or demolition of a fixed asset including building and engineering infrastructure;
“Council” means the National Council for Construction established under section 3;
“engineer” means a civil, structural, services or building engineer registered under the Engineering Institution of Zambia Act;
“foreign company” means a company registered, or controlled from, outside Zambia and in which 51 per cent or more of the shares are owned by a non-Zambian;
“emerging sector” means that sector of the construction industry which comprises emerging enterprises;
“Executive Director” means the person appointed as Executive Director of the Council under paragraph 9 of the First Schedule;
“foreign firm” means a firm which is registered outside Zambia and whose partners are non-Zambian or in Zambia and whose partners are non-Zambia;
“member” means a member of the Council appointed under section four;
“project” means a construction works contract or a series of related construction works contracts
“register” means the register of contractors and affiliated bodies referred to in section nine;
“register of projects” means the register referred to in section fifteen;
“School” means the Construction School constituted under section seventeen;
(a) a surveyor registered under the Valuation Surveyors Act;
(b) a land surveyor licenced under the Land Survey Act;and
(c) a quantity surveyor registered under the Quantity Surveyors Act;
“technical staff” includes road fore persons, road super- visors and road superintendents;
“Vice-Chairperson” means the person elected Vice-chair- person of the Council under section four;
“Zambian company” means a company which is registered under the Companies Act and is controlled from within Zambia and in which fifty-one per centum or more of the Shares are owned by a Zambian; and
“Zambian firm” means a firm which is registered in Zambia and whose partners are Zambians.
THE NATIONAL COUNCIL FOR CONSTRUCTION
(1) There is hereby established the National Council for Construction which shall be a body corporate having perpetual succession and a common seal, capable of suing and being sued in its corporate name and with power, subject to this Act, to do all such acts and things as a body corporate may, by law, do or perform.
(2) The provisions of the First Schedule shall apply to the Council.
(1) The Council shall consist of the following part time members appointed by the Minister.
(a) an architect nominated by the Zambia Institute of Architects;
(b) a consulting engineer nominated by the Association of Consulting Engineers of Zambia;
(c) a surveyor nominated by the Surveyors Institute of Zambia;
(d) a contractor nominated by the Association for Building and Civil Engineering Contractors;
(e) a contractor nominated by the National Association for Small-Scale Contractors;
(f) a member nominated by construction materials manufacturers and suppliers;
(g) a representative of the public universities of Zambia;
(h) a representative of the Technical Education, Vocational and Enterpreneurship Training Authority;
(i) a representative of the Zambia Bureau of Standards;
(j) a representative of the Energy Regulation Board;
(k) a representative of the Attorney-General;
(l) the Permanent Secretary to the ministry responsible for works and supply;
(m) the Permanent Secretary to the ministry responsible finance and national planning;
(n) the Permanent Secretary to the ministry responsible for local government and housing; and
(o) one other person.
(3) The Minister shall appoint the Chairperson and the members shall elect the Vice-Chairperson from among their number.
(4) Where a member is for any reasonable cause unable to attend any meeting of the Council, the member may, in writing, nominate another senior person from the same ministry, body or organisation to attend such meeting and such person shall be deemed to be a member for the purpose of such meeting.
The functions of the Council shall be to-
(a) promote and develop the construction industry in Zambia, and give priority to Zambian firms and Zambian Companies;
(b) assess the performance of contractors in the execution of contractors and thus provide a performance record for contractors;
(c) regulate the behaviour and promote minimum standards and best practice of contractors;
(d) provide data on the size and distribution of contractors operating within the industry;
(e) facilitate, where possible, access by Zambian firms or Zambian Companies to resources for the development of their operations;
(f) promote, in liaison with other bodies in construction related fields, development issues relating to the construction industry;
(g) promote research into construction and the development and use of local materials and appropriate construction materials;
(h) in consultation with the National Housing Authority, the Director in the Buildings Department and other bodies, promote the construction of affordable low cost and medium density housing;
(i) set and promote safety standards in the construction industry;
(j) prescribe and vary the categories for the registration of persons engaged in the construction industry;
(k) conduct training and co-ordinate the training programmes of persons engaged in the construction industry;
(l) make available to persons engaged in the construction industry, published information, advice and assistance in relation to the construction industry;
(m) monitor and evaluate, from time to time, the capacity and progress of persons engaged in the construction industry;
(n) promote and maintain competition among the professionals or other persons engaged in the construction industry and promote efficiency and economy on the part of the professionals and persons so engaged;
(o) regulate activities in the construction industry through the appropriate institutions, Boards and other authorities, as the case may be;
(p) co-ordinate construction related activities;
(q) formulate policies and programmes of the School;
(r) recommend to the Minister the conditions under which a foreign firm or foreign company may be registered and permitted to operate in Zambia;
(s) review, from time to time, the process of awarding contracts;
(t) standardise quality control, contract documentations, codes of practice, procurement processes, legal and contractual processes in liaison with other relevant bodies or organisations and in accordance with other written laws; and
(u) do all such acts or things as are connected with or incidental to the functions of the Council under this Act.
The Council shall have power to—
(a) direct any contractor or person providing services in the construction industry to deliver its services in such manner as to ensure compliance with this Act;
(b) require any contractor or person to submit such information and records as may be necessary to enable the Council to monitor the performance of the contractor;
(c) consider any matter affecting the construction and industry and make representations thereon to the Minister;
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