CHAPTER 432
ENGINEERING INSTITUTION OF ZAMBIA ACT
Arrangement of Sections
Section
PART I
PRELIMINARY
1. Short title
2. Interpretation
PART II
THE ENGINEERING INSTITUTION OF ZAMBIA
3. Continuation of Engineering Institution of Zambia
4. Functions of Institution
5. Constitution of Institution
6. President and Vice-President of Institution
7. Meetings of Institution
PART III
THE ENGINEERING COUNCIL OF THE INSTITUTION
8. Constitution of Engineering Council
9. Functions of Council
10. Registrar
11. Inspectors
PART IV
THE ENGINEERING REGISTRATION BOARD
12. Establishment of Engineering Registration Board
13. Functions of Board
PART V
MEMBERSHIP, REGISTRATION AND PRACTISING CERTIFICATES
14. Classes of membership
15. Prohibition of person practising without registration
16. Application for registration
17. Registration of engineering professionals
18. Prohibition of engineering organisation or engineering unit practising without registration
19. Application for registration of engineering organisation or engineering unit
20. Titles for registered engineering professional, engineering organisation, etc.
21. Disqualification from registration
22. Registration of students of engineering
23. Change in details
24. Cancellation of registration
25. Prohibition of practice without practising certificate
26. Application for practising certificate
27. Display of practising certificate
28. Fees for engineering services and works
29. Renewal of practising certificate
30. Cancellation of practising certificate
31. Regulations relating to practising certificates
32. Conditions of certificate
33. Prohibition of transfer of certificate
34. Re registration
35. Duplicate certificate of registration
36. Certificate of status
37. Register
38. Removal and restoration of name on Register
39. Publication of copies of Register
40. Appeals
41. Holding out as an engineering professional, engineering organisation, etc.
42. Enforcement notice
43. Offences regarding registered engineering professional, engineering organisation, etc.
44. Recognition of foreign qualifications
PART VI
DISPLINARY COMMITTEE
45. Code of Ethics
46. Professional misconduct
47. Initiation of disciplinary action
48. Disciplinary Committee
49. Functions of Disciplinary Committee
50. Proceedings of Disciplinary Committee
51. Powers of Disciplinary Committee
52. Reports by Disciplinary Committee
53. Appeal s to High Court
54. Rules by Chief Justice
55. Rules relating to disciplinary proceedings
PART VII
GENERAL PROVISIONS
56. Jurisdiction over acts committed outside Zambia
57. Presumption of non registration
58. No execution on property of Institution
59. General penalty
60. Offences by body corporate or unincorporate body
61. Authority to issue guidelines
62. Regulations
63. Repeal of Act 27 of 1992
AN ACT
to continue the existence of the Engineering Institution of Zambia; provide for the registration of engineering professionals, engineering units and engineering organisations and regulate their professional conduct; repeal the Engineering Institution of Zambia Act, 1992; and provide for matters connected with, or incidental to, the foregoing.
[9th july, 2010]
Act 17 of 2010.
PART I
PRELIMINARY
This Act may be cited as the Engineering Institution of Zambia Act.
In this Act, unless the context otherwise requires—
“allied discipline” means a discipline determined as such by the council;
“appointed date” means such date as the Minister may appoint under section 1;
“Association of Consulting Engineers of Zambia” means the Association representing consulting engineers;
“Board” means the Engineering Registration Board established under section 12;
“certificate of registration” means the certificate of registration issued under section 17;
“Code of Ethics” means the code of professional conduct and ethics adopted and published by the Institution;
“constitution” means the constitution of the Institution adopted in accordance with section 5;
“council” means the Engineering Council of the Institution constituted under section 8;
“craftsperson” means a person registered as such under sub-section (2) of section 17;
“Disciplinary Committee” means the Committee constituted under section 48;
“engineer” means a person with special knowledge of the mathematical and physical sciences and the principles and methods of engineering analysis and design, acquired by engineering education and engineering experience;
“engineering” means the application of mathematical, scientific and technological principles, with reference to economics, society and the environment, to develop solutions to technical problems, or create products, facilities and structures that improve the quality of life;
“engineering organisation” means a statutory corporation, a company, a firm, a partnership, an association or other body, corporate or uncorporate, that provides a service through the application of scientific or mathematical laws and principles, in the design, development, utilisation, maintenance or disposal of machines, materials, instruments, structures, processes and operational systems, or whose function involves the planning, designing, processing and delivery of engineering products and services;
“engineering professional” means an engineer, technologist, technician or craftsperson, and“engineering profession” shall be construed accordingly;
“engineering unit” means an operational entity of a non engineering organisation that provides engineering services internally, in support of the organisation’s core operations or activities;
“Fellow” means a person registered as such under the provisions of the constitution of the Institution;
“Institution” means the Engineering Institution of Zambia referred to in section 3;
“inspector” means a person appointed as an inspector under section 11;
“Member” means a person registered as a Member of the Institution in accordance with the provisions of the constitution of the Institution, and“membership” shall be construed accordingly;
“practising certificate” means a certificate issued under sub-section (2) of section 26;
“President” means the person elected President of the Institution pursuant to section 6;
“professional misconduct” has the meaning assigned to it under section 46;
“Register” means the Register referred to under section 37;
“Registrar” means the person appointed as Registrar under section 10;
“repealed Act” means the Engineering Institution of Zambia Act, 1992;
“technician” means a person registered as such under sub-section (2) of section 17;
“technologist” means a person registered as such under sub-section (2) of section 17; and
“Vice-President” means the person elected Vice-President of the Institution pursuant to section 6.
PART II
THE ENGINEERING INSTITUTION OF ZAMBIA
3. Continuation of Engineering Institution of Zambia
(1) The Engineering Institution of Zambia established under the repealed Act shall continue to exist as if established under this Act.
(2) The Institution shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name and shall, subject to the provisions of this Act, have power to do all such acts and things as a body corporate may, by law, do or perform.
(3) The provisions of the First Schedule apply to the Institution.
(1) The functions of the Institution are to—
(a) register engineering professionals, engineering organisations and engineering units and regulate their professional conduct;
(b) register students of engineering;
(c) develop, promote, maintain and improve appropriate standards of qualification in the engineering profession;
(d) develop, promote and enforce internationally comparable engineering practice standards in Zambia;
(e) investigate allegations of professional misconduct and impose such sections as may be necessary;
(f) advise the Government on matters relating to the engineering profession;
(g) promote the general advancement of science, engineering, technological and allied disciplines for the improvement of the quality of life;
(h) maintain and improve the standards of conduct and learning of science, engineering and allied professions in Zambia;
(i) facilitate the acquisition of knowledge by engineering professionals through the establishment of technical libraries, and the provision of monetary grants, books, apparatus and any other facilities necessary to achieve this end;
(j) hold meetings of the Institution for the reading and discussion of papers for professional interest, to make awards to authors of papers of special merit and to arrange for other activities of interest or benefit to engineering professionals;
(k) raise the character and status of the engineering profession and allied disciplines, to promote honourable and good practice and increase the confidence of the community in those persons practising in the engineering profession and allied disciplines;
(l) promote alternative dispute resolution mechanisms and to serve as an arbitral institution for disputes of an engineering nature;
(m) in consultation with the Ministry responsible for education and the Technical Education Vocational and Entrepreneurship Training Authority, accredit universities, technical colleges, institutions and programmes of instruction leading to the award of qualifications of membership classes;
(n) investigate and monitor national emergencies or disasters or any other matter of public concern caused by, or likely to be caused by, an engineering product or service and recommend appropriate preventive, rehabilitative or other measures;
(o) represent, protect and assist engineering professionals with regard to their conditions of practice, remuneration or otherwise; and
(p) do all such other things as are necessary or incidental to the performance of its functions under this Act.
(2) The Institution may—
(a) determine and levy fees that the Institution considers necessary to finance its activities under this Act;
(b) determine the fees payable for an inspection conducted for the purposes of this Act;
(c) determine fees for the accreditation of local and foreign training institutions and qualifications; and
(d) determine what portion of any fee is payable in respect of any part of a year and the date on which the fee or portion thereof is payable.
5. Constitution of Institution
(1) The Institution shall, by a vote of at least two thirds of the Members voting at a general meeting of the Institution, adopt a constitution and may, in the like manner, amend it.
(2) Subject to this Act, the constitution shall regulate the conduct of the affairs of the Institution,
(3) Subject to sub-section (2), the constitution shall provide for the following matters—
(a) the meetings of the Institution, including the delivery and sufficiency of notices of the meetings, the quorum, voting, adjournment and other matters of procedure or conduct of the meetings;
(b) the election, qualifications and tenure of the President and Vice-President;
(c) the composition, functions, powers and procedures of the committees of the Institution;
(d) the establishment, powers and functions of the branches, sections and regions of the Institution;
(e) the classes of membership and their rights, privileges and obligations; and
(f) any other matter as the membership may determine.
6. President and Vice-Presidents of Institution
The Members shall elect the President and the Vice-Presidents of the Institution in accordance with the constitution.
(1) Subject to this Act, the Institution may regulate its own procedure.
(2) The meetings of the Institution shall be conducted in accordance with the provisions of the constitution of the Institution.
(3) The validity of any proceedings, act or decision of the Institution shall not be affected by any person’s absence from any meeting of the Institution or by reason that a person not entitled to do so took part in the proceedings.
PART III
THE ENGINEERING COUNCIL OF THE INSTITUTION
8. Constitution of Engineering Council
(1) There is hereby constituted the Engineering Council of the Institution which shall be responsible for the management and control of the affairs of the Institution.
(2) The council shall be elected in accordance with the provisions of the constitution of the Institution.
(3) The council shall consist of the following members—
(a) a President, who is a Fellow and previously served as a member of the council;
(b) a Vice-President, who is a Fellow and shall be responsible for policy direction, public relations and matters of national development;
(c) a Vice-President, who is a Fellow and shall be responsible for finance and administration;
(d) a Vice-President who is a Fellow and shall be responsible for matters related to membership and continuous professional development;
(e) the immediate past President of the council;
(f) a representative of each of the engineering professionals;
(g) a representative of the engineering organisations, nominated by the engineering organisations;
(h) a representative of the engineering units, nominated by the engineering units;
(i) two representatives of engineering students, one of which shall be male and the other female;
(j) the Chairperson of the Board; and
(k) the Chairpersons of the existing regions of the Institution.
(4) A person shall not be qualified to be elected or nominated as a member of the council, if the person—
(a) has committed any professional misconduct within a period of five years preceding the election or nomination;
(b) is in lawful custody or the person’s freedom of movement is restricted under any law in force in, or outside, Zambia on the date of the election or nomination;
(c) has not been on the Register for at least three years preceding the election or nomination; or
(d) has been declared to be of unsound mind under any law.
(5) A member shall, subject to the other provisions of this Act, hold office for a term of two years and may be re elected for a further term of two years.
(6) Upon the expiration of the term for which a member is elected or nominated, the member shall continue to hold office until another member is elected or nominated, but in no case shall any extension of the period exceed three months.
(7) The office of a member shall be vacated—
(a) upon the member’s death;
(b) if the member is adjudged bankrupt;
(c) if the member is absent from three consecutive meetings of the council, of which the member has had notice, without the prior approval of the council;
(d) upon the expiry of one month’s notice of the member’s intention to resign, given by the member in writing to the council;
(e) if the member becomes mentally or physically incapable of performing duties as a member;
(f) if the member is found guilty of professional misconduct;
(g) if the member’s registration is cancelled; or
(h) if the member is convicted of an offence under this Act or any other law.
(8) Where there is a vacancy in the membership of the council before the expiry of the term of office, the council shall appoint another person to replace the member who vacates office but that person shall only hold office for the remainder of the term.
(9) The President and the Vice-Presidents of the council shall not hold a position on the Board.
(10) The provisions of the First Schedule apply to the council.
The functions of the council are to—
(a) perform all the functions of the Institution;
(b) promote an understanding of professional ethics amongst the engineering professionals;
(c) ensure that the rules and guidelines for professional ethics developed by the Institution are responsive to the expectations of business institutions, the public and those who rely on engineering work;
(d) participate in the development of international engineering practice standard setting;
(e) make recommendations affecting, or relating to, the engineering profession to the general meeting of the Institution;
(f) register students of engineering;
(g) promote continuing professional development among engineering professionals; and
(h) do all such things and acts as the Institution or council may do under this Act.
(1) The council shall appoint a Registrar who shall be the chief executive officer of the Institution and Secretary to the council, on such terms and conditions as the council may determine.
(2) The council shall appoint a Deputy Registrar who shall assist the Registrar in performing the Registrar’s duties under this Act.
(3) The Registrar and Deputy Registrar shall be registered engineers.
(4) The Registrar shall be the Secretary to the Board and to all committees thereof.
(5) The council may appoint on such terms and conditions as it may determine, such other staff as it considers necessary for the performance of its functions under this Act.
(1) The council shall appoint inspectors to ensure compliance with this Act.
(2) The council shall provide an inspector with a certificate of appointment which shall be prima facie evidence of the inspector’s appointment as such.
(3) An inspector shall, in performing any function under this Act—
(a) be in possession of the certificate of appointment referred to under sub-section (2); and
(b) show the certificate of appointment to any person who requests to see the certificate, is subject to an investigation or an employee of that person.
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