SCIENCE AND TECHNOLOGY ACT

Establishment of National Institute for Scientific and Industrial Research Regulations, 1998

Science and Technology (Registration and Monitoring Regulations, 2001

ESTABLISHMENT OF NATIONAL INSTITUTE FOR SCIENTIFIC AND INDUSTRIAL RESEARCH REGULATIONS, 1998

[Sections 7, 10, 13 and 18]

Arrangements of Regulations

Regulation

   1.   Title

   2.   Interpretation

   3.   Establishment of former council as Institute

   4.   Functions of Institute

   5.   Constitution and composition of management board for Institute

   6.   Functions of Management Board

   7.   Transfer of service of employees

   8.   Vesting of assets and transfer of liabilities

SI 73 of 1998.

 

1.   Title

These Regulations may be cited as the Establishment of National Institute of Scientific and Industrial Research Regulations, 1998.

 

2.   Interpretation

In these Regulations, unless the context otherwise requires –

“Board” means the management board of the Institute constituted under regulation 5;

“Council” means the National Science and Technology Council established under section 3 of the Act;

“Deputy director” means the person appointed Deputy Director of the Board under section 12 of the Act;

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

“Former council” means the National Council for Scientific Research established under the repealed Act;

“Institute” means the National Institute for Scientific and Industrial Research established under regulation 3; and

“repealed Act” means the National Council for Scientific Research Act repealed under section 23.

 

3.   Establishment of former council as Institute

   (1) The former Council is hereby established as a science and technology institute to be known as the National Institute for Scientific and Industrial Research.

   (2) The Institute established under sub-regulation (1) shall be a 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 the Act and these Regulations to do all such acts and things as a body corporate may by law do or perform.

 

4.   Functions of Institute

   (1) The functions of the Institute shall be to conduct and promote scientific, technological and industrial research in Zambia.

   (2) Without prejudice to the generality of sub-regulation (1) the functions of the Institute shall be to–

      (a)   carry out research in civil engineering, mechanical engineering, electrical engineering, nuclear science textile technology, energy resources, water resources, chemical engineering, electronic engineering, industrial chemistry, food science, material science, livestock and plant science and natural products, information science, cartographic and location analysis;

      (b)   liaise with other research bodies within and outside Zambia conducting similar research;

      (c)   co-operate with other organisations and institutions of higher learning in training programmes and other matters relevant to research;

      (d)   disseminate research findings;

      (e)   co-operate with the Ministry responsible for science and technology, the Council and other relevant institutions in matters pertaining to research policies and priorities;

      (f)   co-operate and liaise with industry;

      (g)   develop and maintain a vibrant relation with the business sector;

      (h)   mobilise financial, technical and other resources for the purpose of carrying out research under this regulation; and

      (i)   do all such acts and things as are connected with or incidental to the foregoing.

 

5.   Constitution and composition of management board for Institute

   (1) There is hereby constituted the Management Board for the Institute which shall consist of the following members–

      (a)   one natural scientist;

      (b)   a representative of the workers of the Institute;

      (c)   a representative of the Ministry responsible for science and technology;

      (d)   a representative of the Zambia Association of chambers of commerce and Industry;

      (e)   a representative of the Banker’s Association of Zambia;

      (f)   a representative of the council; and

      (g)   a representative of the Engineering Institute of Zambia.

   (2) The members referred to in sub-regulation (1) shall be appointed by the Minister.

   (3) The Chairperson and Vice Chairperson of the Board shall be elected by the members from amongst themselves.

 

6.   Functions of Management Board

The functions of the Board shall, subject to sections 11 and 12, be–

      (a)   to administer the property and funds of the Institute in such manner and for such purposes as will, in the opinion of the board, promote its best interests;

      (b)   to administer approved estimates for the Institute;

      (c)   to approve and submit to the Ministry responsible for science and technology , research programmes, estimates of expenditure and financial estimates of the Institute;

      (d)   to receive on behalf of the Institute grants in aid, gifts, donations, fees, subscriptions or other moneys and make disbursements there from;

      (e)   to formulate conditions of service for the employees of the Institute;

      (f)   to appoint employees of the Institute upon such terms and conditions as it may determine; and

      (g)   do all such things connected with or incidental to the function of the Board.

 

7.   Transfer of service of employees

   (1) From the date of commencement of these Regulations, employees of the former Council shall be transferred to the Institute.

   (2)Where an employee of the former council transfers from that service to the service of the Institute the terms and conditions of service with the Institute of that employee shall not be less of service with the Institute of that employee shall not be less favourable than those the employee enjoyed in the service of the former council and that employee’s service with the former Council shall be treated as service under the Institute for the purpose of determining the rights to or eligibility for, pension, gratuity, leave or other benefits of that employee.

 

8.   Vesting of assets and transfer of liabilities

   (1) On the commencement of these Regulations, there shall be transferred to, and shall vest in the Institute by virtue of these Regulations and without any further assurance all property, rights, liabilities and obligations which immediately before the commencement of these Regulations were the property, rights, liabilities and obligations of the former council.

   (2) Every deed, bond and agreement (other than agreement for personal service) to which the former Council was a party immediately before the commencement of these Regulations, whether in writing or not, shall, unless it terms or subject matter make it impossible that it should have effect as modified in the manner provided in this sub-regulation, have effect as from the date of the assignment thereof as if–

      (a)   the Institute was a party thereto;

      (b)   for any reference to the former Council there were substituted as respects anything falling to be done on or after the commencement of these Regulations, a reference to the Institute; and

      (c)   for any reference to any employee for the former council not being a party thereto and beneficially interested therein there were substituted, as respected anything falling to be done on or after the commencement of these Regulation as reference on an employee of the Institute as the management board of the Institute shall designate.

SCIENCE AND TECHNOLOGY (REGISTRATION AND MONITORING REGULATIONS, 2001

[Section 22]

Arrangements of Regulations

Regulation

   1.   Title

   2.   Interpretation

   3.   Application

   4.   Regulation

   5.   Council to inspect institute and centre

   6.   Institute centre to provide information and records to council

   7.   Council to assess suitability of research or centre for registration

   8.   Council to make and communicate decision within 90 days of receipt of Application

   9.   Appeal against refusal to register

   10.   Council to cancel registration by fraud

   11.   Council to give notice of intention to suspend or cancel registration

   12.   Appeal

   13.   Institute or centre of notify council of changes in research activities

   14.   Council to suspend or revoke certificate of registration

   15.   Council to serve enforcement notice

   16.   Council to Investigate breach

   17.   Council to inspect institute or centre

   18.   Offences and penalties

   19.   New traditional technologies to be registered

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

      FOURTH SCHEDULE

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.


 
 

Popular Tags