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ZAMBIA INSTITUTE OF HUMAN RESOURCE MANAGEMENT ACT

Arrangement of Sections

    Section

PART I
PRELIMINARY PROVISIONS

    1.    Short title

    2.    Interpretation

PART II
THE ZAMBIA INSTITUTE OF HUMAN RESOURCE MANAGEMENT

    3.    Continuation and renaming of Zambia Institute of Human Resources Management

    4.    Functions of Institute

    5.    Constitution of Institute

    6.    President and Vice-President of Institute

    7.    Meetings of Institute

    8.    Council of Institute

    9.    Functions of Council

    10.    Registrar and other staff

PART III
REGISTRATION OF PRACTITIONERS AND ISSUANCE OF PRACTISING CERTIFICATES

    11.    Prohibition of practising without registration

    12.    Application for registration as practitioner

    13.    Determination of application for registration as practitioner

    14.    Certificate of registration as practitioner

    15.    Disqualification from registration

    16.    Title for registered practitioner

    17.    Change in details

    18.    Suspension and cancellation of registration

    19.    Re-registration

    20.    Prohibition of practising without valid practising certificate

    21.    Practising certificate

    22.    Display of practising certificate

    23.    Renewal of practising certificate

    24.    Suspension and cancellation of practising certificate

    25.    Maintenance of non-practising practitioner on register

    26.    Prohibition of transfer of certificate of registration or practising certificate

    27.    Duplicate certificate of registration or practising certificate

    28.    Surrender of cancelled certificate of registration or practising certificate

    29.    Human resource management firm

    30.    Registers

    31.    Publication of copies of registers

    32.    Offences relating to registration, etc.

PART IV
DISCIPLINARY MATTERS

    33.    Code of ethics

    34.    Professional misconduct

    35.    Initiation of disciplinary action

    36.    Professional Conduct Committee

    37.    Referring of matters to Professional Conduct Committee

    38.    Functions of Professional Conduct Committee

    39.    Proceedings of Professional Conduct Committee

    40.    Sanctions for practitioner by Professional Conduct Committee

    41.    Disciplinary Committee

    42.    Functions of Disciplinary Committee

    43.    Proceedings of Disciplinary Committee

    44.    Powers of Disciplinary Committee

    45.    Sanctions for professional misconduct by Disciplinary Committee

    46.    Reports by Disciplinary Committee

    47.    Rules relating to disciplinary proceedings

PART V
INSPECTORATE

    48.    Inspectors

    49.    Power of entry, search and inspection

PART VI
GENERAL PROVISIONS

    50.    Enforcement notice

    51.    False or misleading statement

    52.    Appeals

    53.    Jurisdiction over acts committed outside Republic

    54.    Prohibition of publication or disclosure of information to unauthorised persons

    55.    Offences by principal officers of body corporate or unincorporate body

    56.    Administrative penalty

    57.    Immunity

    58.    Guidelines

    59.    Regulations

    60.    Repeal of Act No. 11 of 1997 and savings and transitional provisions

        FIRST SCHEDULE

        SECOND SCHEDULE

AN ACT

to continue the existence of the Zambia Institute of Human Resources Management and rename it as the Zambia Institute of Human Resource Management and re-define its functions; promote and enhance the human resource management profession; provide for the registration of human resource management practitioners and regulate their practice and professional conduct; repeal and replace the Zambia Institute of Human Resources Management Act, 1997; and provide for matters connected with, or incidental to, the foregoing.

[12th April, 2022]

Act 3 of 2022.

PART I
PRELIMINARY PROVISIONS

1.    Short title

This Act may be cited as the Zambia Institute of Human Resource Management Act.

2.    Interpretation

In this Act, unless the context otherwise requires—

"associate" has the meaning assigned to the word in the Anti-Corruption Act, 2012;

"certificate of registration" means the certificate of registration issued under section 14;

"Chairperson" means the person appointed Chairperson of the Disciplinary Committee under section 41;

"chairperson" means a person appointed as chairperson of a Professional Conduct Committee under section 36;

"code of ethics" means the code of professional conduct and ethics adopted and published by the Institute for the purposes of this Act;

"constitution" means the constitution of the Institute adopted in accordance with section 5;

"Council" means the Council of the Institute constituted under section 8;

"council member" means a person elected or nominated as a council member under section 8;

"Disciplinary Committee" means the Disciplinary Committee of the Institute constituted under section 41;

"firm" has the meaning assigned to the word in the Registration of Business Names Act, 2011;

"Higher Education Authority" means the Higher Education Authority established under the Higher Education Act, 2013;

"higher education institution" has the meaning assigned to the words in the Higher Education Act, 2013;

"human resource management" means an application of a range of principles, practices, systems, processes, policies and procedures, tools and activities of managing human resource recognised by the Institute, including strategy and business management relating to people and organisation management, organisation design and development, workforce planning, talent resourcing, performance management, learning and development, compensation and benefits, employee and labour relations, human resource digital and analytics, human resource operations and administration, human resource audit, labour law compliance and risk management;

"Institute" means the Zambia Institute of Human Resource Management continued under section 3;

"Labour Commissioner" has the meaning assigned to the words in the Employment Code Act, 2019;

"Law Association of Zambia" means the Law Association of Zambia established under the Law Association of Zambia Act;

"legal practitioner" has the meaning assigned to the word "practitioner" in the Legal Practitioners Act;

"legally disqualified" means the absence of legal capacity as provided under section 4 of the Mental Health Act, 2019;

"member" means a person registered as a member of the Institute in accordance with the provisions of the constitution and "membership" shall be construed accordingly;

"practising certificate" means a practising certificate issued under section 21;

"practitioner" means a human resource management professional registered in accordance with this Act;

"President" means the person elected as President of the Institute under section 6;

"professional misconduct" means the conduct referred to under section 34;

"Professional Conduct Committee" means a Professional Conduct Committee constituted under section 36;

"register" means a register of the Institute referred to under section 30;

"Registrar" means the person appointed as Registrar under section 10;

"relative" has the meaning assigned to the word in the Anti-Corruption Act, 2012;

"repealed Act" means the Zambia Institute of Human Resources Management Act, 1997;

"Vice-Chairperson" means the person appointed as Vice-Chairperson of the Disciplinary Committee under section 41;

"vice-chairperson" means a person appointed as vice-chairperson of a Professional Conduct Committee under section 36;

"Vice-President" means the person elected as Vice-President of the Institute under section 6; and

"Zambia Qualifications Authority" means the Zambia Qualifications Authority established under the Zambia Qualifications Authority Act, 2011.

PART II
THE ZAMBIA INSTITUTE OF HUMAN RESOURCE MANAGEMENT

3.    Continuation and renaming of Zambia Institute of Human Resources Management

    (1) The Zambia Institute of Human Resources Management established under the repealed Act is continued as if established under this Act and is renamed as the Zambia Institute of Human Resource Management.

    (2) The Institute is 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 this Act, to do all acts and things that a body corporate may, by law, do or perform.

    (3) The First Schedule applies to the Institute.

4.    Functions of Institute

    (1) The functions of the Institute are to—

    (a)    advance the human resource management profession and promote its interest;

    (b)    register and regulate practitioners;

    (c)    issue practising certificates to eligible members;

    (d)    register students of human resource management;

    (e)    set and enforce professional standards of human resource management practice;

    (f)    develop, promote and enforce internationally comparable human resource management practice standards in the Republic;

    (g)    conduct learning programmes accredited by the Higher Education Authority in human resource management;

    (h)    provide continuous professional development by practitioners;

    (i)    encourage and promote research into a matter affecting the human resource management profession;

    (j)    investigate cases of professional misconduct under this Act;

    (k)    publish a journal of the Institute, and collect, collate and publish other information of service and interest to the Institute;

    (l)    promote public awareness in matters relating to the human resource management profession;

    (m)    promote awareness among practitioners in matters relating to human resource management education, practice and regulation;

    (n)    enforce continuing professional development requirements for practitioners; and

    (o)    collaborate with higher education institutions, Government departments and other institutions to improve the quality of the human resource management profession.

    (2) The Institute may—

    (a)    determine the fees payable for an inspection conducted or other services rendered for the purposes of this Act; and

    (b)    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 of the fee is payable.

5.    Constitution of Institute

    (1) The Institute shall, by a vote of at least two-thirds of the members voting at a general meeting of the Institute, adopt a constitution and may, in a like manner, amend it.

    (2) Subject to this Act, the constitution shall regulate the conduct of the affairs of the Institute.

    (3) The constitution may provide for the—

    (a)    meetings of the Institute, including the delivery of notices of the meetings, the quorum, voting, adjournments and other matters of procedure or conduct of the meetings;

    (b)    election and qualifications of the office of President, Vice-President and other office bearers of the Council;

    (c)    composition, functions, powers and procedures of the committees of the Institute;

    (d)    classes of membership and their rights, privileges and obligations; and

    (e)    any other matter that the membership may determine.

6.    President and Vice-President of Institute

The members shall elect the President and Vice-President of the Institute in accordance with the provisions of the constitution.

7.    Meetings of Institute

    (1) Subject to this Act, the Institute may regulate its own procedure.

    (2) The meetings of the Institute shall be conducted in accordance with the provisions of the constitution.

8.    Council of Institute

    (1) There is constituted the Council of the Institute which shall perform the functions of the Institute.

    (2) The Council shall consist of the following council members nominated or elected in accordance with the provisions of the constitution—

    (a)    the President of the Institute;

    (b)    the Vice-President of the Institute;

    (c)    the Treasurer;

    (d)    the Honorary Secretary;

    (e)    a representative of the Law Association of Zambia;

    (f)    a representative of the Labour Commissioner; and

    (g)    three other practitioners.

    (3) The President and Vice-President of the Institute shall be the chairperson and vice-chairperson of the Council, respectively.

    (4) A person shall not be elected or nominated as a council member if that person is—

    (a)    found guilty of professional misconduct under this Act;

    (b)    convicted of an offence under this Act;

    (c)    an undischarged bankrupt;

    (d)    legally disqualified;

    (e)    convicted of an offence involving fraud or dishonesty; or

    (f)    an employee of the Institute.

    (5) The First Schedule applies to the Council.

9.    Functions of Council

    (1) The functions of the Council are to perform the executive functions of the Institute.

    (2) Despite the generality of sub-section (1), the functions of the Council are to—

    (a)    approve the policies, programmes and strategies of the Institute;

    (b)    approve the annual workplan, action plans, activities and reports of the Institute;

    (c)    approve the annual budget estimates and financial statements of the Institute;

    (d)    monitor and evaluate the performance of the Institute against budgets and plans; and

    (e)    advise the Minister on matters relating to human resource management practice.

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