Laws of Zambia Active 1997

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Science and Technology [No. 26 of 1997 153

THE SCIENCE AND TECHNOLOGY ACT, 1997

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY
Section

1. Short title and commencement .

2. Interpretation

PART II

THE NATIONAL SCIENCE AND TECHNOLOGY COUNCIL

3. Establishment of Council

4. Functions of Council

5. Composition of Council

6. Executive Secretary, Deputy Secretary, Secretary and other
staff

PART III

SCIENCE AND TECHNOLOGY INSTITUTES AND RESEARCH AND
DEVELOPMENT SUPPORT CENTRES

7. Establishment of institutes and centres

8. Restriction on execution against property of institute or
centre

SUPPORT CENTRES

7. Establishment of institutes and centres

8. Restriction on execution against property of institute or
centre

PART IV

REGISTRATION OF CENTRES AND INSTITUTES

9. Registration of centres and institutes

PART V

CONSTITUTION OF MANAGEMENT BOARDS FOR INSTITUTES AND
CENTRES

10. Constitution of management boards

11. Functions of management boards

12. Director, Deputy Director, Secretary and other staff

13. Transfer of staff

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Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, Lusaka. Price K6,000 each

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154 No. 26 of 1997] Science and Technology

14. Rights of management boards in discoveries

15. Tax exemption

PART VI

MISCELLANEOUS

16. Venture Capital Fund

17. Transitional provisions

18. Vesting of assets and transfer of liabilities

19. Registration of property to be transferred

20. Legal Proceedings

21. Appeals

22. Regulations

23. Repeal of Cap. 140

FIRST SCHEDULE

PART I

ADMINISTRATION

1. Seal of Council

nsferred

20. Legal Proceedings

21. Appeals

22. Regulations

23. Repeal of Cap. 140

FIRST SCHEDULE

PART I

ADMINISTRATION

1. Seal of Council

2. Tenure of office of member

3. Filling of casual vacancy

4. Proceedings of Council

5. Committees of Council

6. Remuneration and allowances of members

7. Disclosure of interest

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

PART II

FINANCIAL PROVISIONS

9. Funds of Council

10. Financial year

11. Accounts

12. Annual report

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Science and Technology [No. 26 of 1997 155

SECOND SCHEDULE

PART I

ADMINISTRATION FOR MANAGEMENT BOARDS

1. Seal of management board

2. Tenure of office of member

3. Filling of casual vacancy

4. Proceedings of management board

5. Committees of management board

6. Remuneration and allowances of members

7. Disclosure of interest

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

PART II

FINANCIAL PROVISIONS FOR MANAGEMENT BOARDS

9. Funds of management board

10. Financial year

11. Accounts

12. Annual report

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Science and Technology [No. 26 of 1997 157

GOVERNMENT OF ZAMBIA

ACT

No. 26 of 1997

Date of Assent: 11th November, 1997

12. Annual report

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Science and Technology [No. 26 of 1997 157

GOVERNMENT OF ZAMBIA

ACT

No. 26 of 1997

Date of Assent: 11th November, 1997

An act to establish the National Science and Technology
Council; to define its functions and provide for its
composition; to provide for the establishment of centres and
institutes and to define their functions; to constitute
management boards for the centres and institutes estab-
lished under the Act and to provide for their composition;
to provide for the establishment of existing research
institutions as centres and institutes under this Act; and
to provide for matters connected with or incidental to the
foregoing.

[ 14th November, 1997

ENACTED by the Parliament of Zambia. Enactment

PART I

PRELIMINARY

1. This Act may be cited as the Science and Technology Act, Short title
1997, and shall come into operation on such date as the Minister and commence-
may, by statutory instrument, appoint. ment

2. In this Act, unless the context otherwise require- Interpretation

"appointed date’’ means the date appointed by the Minister
under section one;

context otherwise require- Interpretation

"appointed date’’ means the date appointed by the Minister
under section one;

"centre’’ means a research and development support centre
established under section seven or registered under section
nine ;

"chairperson’’ means a person appointed as Chairperson for
the Council under section five;

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158 No. 26 of 1997] Science and Technology

" Council " means the National Science and Technology
Council established under section three;

" Deputy Director " means a person appointed as
Deputy Director under section twelve;

" Deputy Executive Secretary " means a person appointed as
Deputy Executive Secretary under section six;

" Director " means a person appointed as Director under
section twelve;

" Executive Secretary " means a person appointed as
Executive Secretary under section six;

Cap. 236
" former Council " means the National Council for Scientific
Research established under the National Council for
Scientific Research Act;

" Government research institution " means a branch or
department of the Government whose main function to
carry out science and technology research;

" institute " means a science and technology institute
established by the Government under section seven or
registered as a private institute under section nine;

" management board " means a management board
constituted under section ten;

" Secretary " means a person appointed as Secretary of the
Council under section six; and

" Vice-Chairperson " means a person elected as Vice-
Chairperson of the Council under section five.

PART II

THE NATIONAL SCIENCE AND TECHNOLOGY COUNCIL

Establishment 3. (1) There is hereby established the National Science
of Council and Technology Council 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 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.

do or perform.

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

Functions of 4. (1) The functions of the Council shall be to promote science
Council and technology so as to improve the quality of life in Zambia.

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Science and Technology [No. 26 of 1997 159

mote science
Council and technology so as to improve the quality of life in Zambia.

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Science and Technology [No. 26 of 1997 159

Functions of 4. (1) The functions of the Council shall be to promote science
Council and technology so as to improve the quality of life in Zambia.

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Science and Technology [No. 26 of 1997 159

mote science
Council and technology so as to improve the quality of life in Zambia.

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Science and Technology [No. 26 of 1997 159

(2) Without prejudice to the generality of subsection (1), the functions of the Council shall be to—

(a) promote the development of an indigenous and environ-
mentally friendly technological capacity;

(b) regulate research in science and technology in Zambia;

(d) advise the Government on science and technology policies
and activities in Zambia;

(e) determine broad directions, stimulate co-ordination and
initiate special projects in science and technology;

(f) promote and publicise board national priorities in science
and technology research;

(g) liaise with Government, industry and centres and institutes
in science and technology;

(h) mobilise and distribute financial, human and other
resources to management boards for science and
technology research;

(i) recommend to the Government the establishment of any
new research institutes and centres;

(j) promote the use of science and technology in industry;

(k) ensure that gender concerns are integrated at all levels of
science and technology development;

(l) collect and disseminate science and technology
information including publication of scientific reports,
journals and other such documents and literature;

(m) establish and maintain a relationship with corresponding
scientific organizations in other countries;

(n) take all measures that are necessary to popularise science
and technology;

(o) identify and determine national research and development
priorities in science and technology; and

(p) do all such things connected with or incidental to the
functions of the Council under this Act.

priorities in science and technology; and

(p) do all such things connected with or incidental to the
functions of the Council under this Act.

(3) The Council may, by directions in writing and subject to such conditions as it thinks fit, delegate to any member, committee or the Executive Secretary any of its functions under this Act.

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Sure, here is the transcription of the text from the document:

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160 No. 26 of 1997] Science and Technology

Composition 5. (1) The Council shall consist of thirteen members appointed
of Council by the Minister as follows:

(a) two members from any research institute or centre estab-
lished under this Act;

(b) two members from any public or private university;

(d) an engineer from industry;

(e) a member with rich business and commercial experience
in the private sector; and

(f) a member each from the ministries responsible for science
and technology, environment and natural resources,
health, commerce and trade, agriculture and mines.

and technology, environment and natural resources,
health, commerce and trade, agriculture and mines.

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

Executive 6. (1) Subject to subsection (3), the Council shall, on such terms
Secretary, and conditions as it may determine, appoint an Executive Secretary
Deputy who shall be the Chief Executive Officer of the Council and who
Executive shall, subject to the control of the Council, be responsible for the day
Secretary to day administration of the affairs of the Council.
and other
staff (2) The Council may appoint a Deputy Executive Secretary who
shall—

(a) assist the Executive Secretary in the performance of his
duties under this Act; and

(b) discharge the functions of the Executive Secretary when-
ever the office of the Executive Secretary is vacant or the
Executive Secretary is absent or is for any other reason
unable to discharge the functions of his office.

Executive Secretary is absent or is for any other reason
unable to discharge the functions of his office.

(3) The Executive Secretary shall be appointed for a term of three
years and shall be eligible for re-appointment for a further term of
three years.

(4) The Executive Secretary shall attend meetings of the Council
and may address such meetings, but shall have not vote.

(5) The Executive Secretary shall be the Secretary of the Council.

(6) 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.

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Science and Technology [No. 26 of 1997 161

PART III

Science and Technology Institutes and Research and
Development Support Centres

7. (1) The Minister may, on the recommendation of the
Council, by statutory instrument, establish any science and
technology institute or a research and development support centre
and set out the functions of each institute or centre.

nt, establish any science and
technology institute or a research and development support centre
and set out the functions of each institute or centre.

(2) An institute or centre establish under subsection (1) 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 this Act, to do all such acts and things as a body
corporate may by law do or perform.

(3) On or after the appointed date the Minister shall, by statutory
instrument, establish the former Council, as an institute under this
Act.

(4) On or after the appointed date, the Minister may, by statutory
instrument, establish an existing Government research institution
as an institute or centre under this Act.

(5) The Second Schedule shall apply to an institute or centre
established under this Act.

h institution
as an institute or centre under this Act.

(5) The Second Schedule shall apply to an institute or centre
established under this Act.

8. Notwithstanding anything contrary contained in any written
law, where any judgement or order has been obtained against any
institute or centre established by the Minister under section seven
no execution or attachment or process of any nature thereof, shall
be issued against the institute or centre or against any property of the
institute or centre, but the Director shall cause to be paid out of the
revenue of the institute or centre such amounts as may, by the
judgement or order, be awarded against the institute or centre to the
person entitled thereto.

PART IV

Registration of Centres and Institutes

9. (1) Every centre or institute shall apply to the Council for
registration as a centre or institute in the prescribed form.

(2) An application referred to in subsection (1) shall state—

(a) the name of the private centre or institute;

(b) the principal place of business;

Establish¬
ment of
institutes and
centres

Restriction
on execution
against
property of
institute or
centre

Registration
of centres
and institutes

;

Establish¬
ment of
institutes and
centres

Restriction
on execution
against
property of
institute or
centre

Registration
of centres
and institutes

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162 No. 26 of 1997] Science and Technology

(d) the areas of research and development in which the private
centre or the institute is involved; and;

(e) any other details the Minister may, on the recommendation
of the Council, by statutory instrument prescribe.

(3) The Council shall, subject to subsection (5), register every
centre or institute on the payment of the prescribed fee.

(4) Where the Council is not satisfied with the application to
register an institute or centre in accordance with subsection (1), it
shall refuse to register a centre or institute and shall state the reas ons
for the refusal.

(5) The Council shall keep a register of centres and institutes
registered under subsection (3).

(6) The Council shall every year, publish in the Gazette, the list
of all institutes and centres registered under this Act.

PART V
CONSTITUTION OF MANAGEMENT BOARDS FOR CENTRES AND INSTITUTES

tes and centres registered under this Act.

PART V
CONSTITUTION OF MANAGEMENT BOARDS FOR CENTRES AND INSTITUTES

Constitution 10. (1) The Minister shall, by statutory instrument, constitute a
of management board for a centre or institute established under this
management Act.
boards
(2) In constituting a management board for an institute or centre
under subsection (1), the Minister shall appoint not more than seven
members of the Board and set out the functions of each management
board.

Functions of 11. (1) Notwithstanding the provisions of a statutory
management instrument specifying the the functions of each management board
boards pursuant to subsection (2) of section ten, a management board for
an institute or a centre established under this Act shall—

(a) administer the affairs of any centre or institute established
under this Act; and

(b) do all such things as a re necessary to promote science and
technology.

Act; and

(b) do all such things as a re necessary to promote science and
technology.

(2) A management board may, by directions in writing and
subject to such conditions as it thinks fit, delegate to any member,
committee or the Director any of its functions under this Act.

(3) The Council may give to a management board, such general
or specific directions with respect to the discharge of its functions
as it may consider necessary and the management board shall give
effect to such directions.

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Science and Technology [No. 26 of 1997 163

(4) A management board may collaborate, or enter into agree-
ment, with any organisation or institution on any matter relevant to
the carrying out of the functions of the management board under this
Act.

(5) The Chairperson and Vice Chairperson of each management
board shall be elected by the members from amongst themselves.

board under this
Act.

(5) The Chairperson and Vice Chairperson of each management
board shall be elected by the members from amongst themselves.

(2) A management board may, by directions in writing and
subject to such conditions as it thinks fit, delegate to any member,
committee or the Director any of its functions under this Act.

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Science and Technology [No. 26 of 1997 163

(5) The Chairperson and Vice Chairperson of each management
board shall be elected by the members from amongst themselves. 12.

d under this
Act.

(5) The Chairperson and Vice Chairperson of each management
board shall be elected by the members from amongst themselves. 12.

(1) Subject to subsection (2), a management board shall
appoint a Director on such terms and conditions as it may determine,
who shall be the Chief Executive Officer of a management board
and who shall, subject tom the control of the management board, be
responsible for the day to day administration of the institute or
centre. (2) The Director shall be appointed for a term of three years and
shall be eligible for re-appointment for a further term of three years. (3) The Director shall attend meetings of a management board
and may address such meetings, but shall have no vote. (4) The Director shall be the Secretary to a management
board. (5) A management board may appoint a Deputy Director who
shall—

(a) assist the Director in the performance of his duties under
this Act; and

(b) discharge the functions of the Director whenever the office
of the Director is vacant or the Director is absent or is for
any other reason unable to discharge the functions of his
office.

f the Director is vacant or the Director is absent or is for
any other reason unable to discharge the functions of his
office.

(6) A management board may, on such terms and conditions as
it may determine, appoint such other staff as it considers necessary
for the performance of its functions under this Act.

13. (1) The Minister may, by statutory instrument, approve
arrangements under which all or some of the public officers shall be
transferred to the Council or a management board from the public
service or from the former council.

(2) Where a person is transferred, in accordance with the arrange-
ments made under subsection (1), his terms and conditions with the
Council or a management board shall be no less favourable than
those enjoyed while in the public service or the former Council, and
for the purposes of determining his rights to, or eligibility for, any
pension, gratuity, leave or other benefits, his previous service with
the public service or the former Council shall be treated as continued
service.

Transfer of
staff

Director,
Deputy
Director,
Secretary
and other
staff

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164 No. 26 of 1997] Science and Technology

ice.

Transfer of
staff

Director,
Deputy
Director,
Secretary
and other
staff

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164 No. 26 of 1997] Science and Technology

14. Where any person employed by a management board while
Rights of carrying out research or other duties makes a discovery, invention
management or improvement in the course of his duties, the management board
boards in shall be deemed to be the owner for all purposes of the rights therein:
discoveries
or inventions Provided that the management board shall pay to that person such
bonus, fees or royalties therefor, or make such arrangements for such
person to share in the profits derived therefrom, as the management
board may determine.

15. (1) Notwithstanding any other law to the contrary, centres
Tax and institutes shall be exempt from duties and taxes on all capital
exemption goods and consumables as agreed by the Minister of Finance.
(2) In this section "consumables" means laboratory consumables.

PART VI

MISCELLANEOUS

(2) In this section "consumables" means laboratory consumables.

PART VI

MISCELLANEOUS

16. (1) The Minister shall constitute the Venture Capital Fund
Venture to promote new technology in small businesses.
capital fund
(2) The Minister may, by statutory instrument, provide for the
management of the Venture Capital Fund.

17. (1) Subject to the provisions of this Act, a person who
Transitional immediately before the appointed date held office as a member of
provisions the former Council shall on the appointed date, hold office as a
member of the Council for a period of three months.

(2) After the period referred to in subsection (1) the members
shall be appointed in accordance with this Act.

18. (1) The Minister may, by statutory instrument, regulate the
Vesting of transfer of all property which immediately before the appointed
assets and date, was the property of the former Council.
transfer of
liabilities
(2) The rights, liabilities and obligations relating to the property
owned by the former Council shall vest in any institution estab-
lished under this Act to which the property referred to in subsection
(1) shall be transferred.

19. (1) Whenever under this Act any property, rights, liabilities
Registration or obligations of the former Council are transferred to an institute
of property established under this Act in respect of which transfer a written law
to be provides for registration, that institution shall make an application
transferred in writing to the proper officer or the appropriate registration
authority for the registration of the transfer.

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Science and Technology [No. 26 of 1997 165

he appropriate registration
authority for the registration of the transfer.

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Science and Technology [No. 26 of 1997 165

(2) The proper officer or the registration authority referred to in subsection (1) shall make such entries in the appropriate register as shall give effect to the transfer and, where appropriate, issue the transferee concerned with a certificate of title in respect of the property or make necessary amendments to the register, as the case may be, and shall make endorsements on the deeds relating to the title, right or obligation concerned.

(3) Registration fees or duty shall not be paid in respect of any transfer effected under this Part.

20. Any legal proceedings or application pending before any Legal
authority before the commencement of this Act by or against the proceedings
former Council may be continued by or against the Council.

21. (1) Where any person is aggrieved by any decision made Appeals
under this Act by the Council, that person may within thirty days of the decision appeal to the Minister.

(2) The Minister may vary, confirm, amend or rescind any decision appealed against and shall give reasons for his decision.

n appeal to the Minister.

(2) The Minister may vary, confirm, amend or rescind any decision appealed against and shall give reasons for his decision.

22. (1) The Minister may, on the recommendation of the Regulations
Council, make regulations by statutory instrument for the better carrying out of the provisions of this Act.

(2) Without prejudice to the generality of subsection (1) the Minister may, on the recommendation of the Council, make rules or regulations—

(a) the conduct of research in science and technology;

(b) the registration of institutes and centres; and

(3) Rules or regulations made under this Act may provide in respect of any contravention thereof that the offender shall be liable to a fine not exceeding twenty thousand penalty units or to a term of imprisonment not exceeding five years or to both.

23. The National Council for Scientific Research Act shall stand Repeal of
repealed on the appointed date. Cap. 140

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166 No. 26 of 1997] Science and Technology

FIRST SCHEDULE
(Section 3)
PART I
ADMINISTRATION

SCHEDULE
(Section 3)
PART I
ADMINISTRATION

Seal of 1. (1) The seal of the Council shall be such device as may be
Council determined by the Council and shall be kept by the Secretary.

(2) The affixing of the seal shall be authenticated by the Chairperson or
the Vice-Chairperson and the Secretary or one other person
authorised in that behalf by a resolution of the Council.

(3) Any contract or instrument which, if entered into or executed
by a person not being a body corporate, would not be required to be
under seal, may be entered into or executed without seal on behalf
of the Council by the Secretary or any other person generally
or specifically authorised by the Council in that behalf.

(4) Any document purporting to be a document under the seal of
the Council or issued on behalf of the Council shall be received in
evidence without further proof, unless the contrary is proved.

ouncil or issued on behalf of the Council shall be received in
evidence without further proof, unless the contrary is proved.

Tenure of 2. (1) Subject to the other provisions of this Act, a member shall
office of hold office for a period of three years from the date of appointment
member and may be re-appointed for a further term of three years:

Provided that the first members shall be appointed for periods
ranging from two to three years in order to facilitate retirement by
rotation.

(2) A member may resign by giving one month's notice in writing
to the Secretary and the appointing authority.

(3) The office of a member shall become vacant—

(a) upon his death:

(b) if he is absent without reasonable excuse from three consecu-
tive meetings of the Council of which he has had notice:

(d) if he is declared bankrupt.

virtue of which he was
appointed member under section five; or

(d) if he is declared bankrupt.

Filling of 3. Whenever the office of a member becomes vacant before
casual the expiry of the term of office, the Minister may appoint another
vacancy member in place of the member who vacates the office.

Proceedings 4. (1) Subject to the other provisions of this Act, the Council may
of Council regulate its own procedure.

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Science and Technology [No. 26 of 1997 167

(2) The Council shall meet for the transaction of business, at least once in every three months at such places and at such times as the Chairperson may decide.
(3) Upon giving notice of not less than fourteen days, a meeting of the Council may be called by the Chairperson and shall be called if not less than one third of the members so request in writing:

Provided that if the urgency of any particular matter does not permit the giving of such notice, a special meeting may be called upon giving a shorter notice.

that if the urgency of any particular matter does not permit the giving of such notice, a special meeting may be called upon giving a shorter notice.

Proceedings 4. (1) Subject to the other provisions of this Act, the Council may
of Council regulate its own procedure.

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Science and Technology [No. 26 of 1997 167

Provided that if the urgency of any particular matter does not permit the giving of such notice, a special meeting may be called upon giving a shorter notice. (4) The quorum at any meeting of the Council shall be seven members.

ng of such notice, a special meeting may be called upon giving a shorter notice. (4) The quorum at any meeting of the Council shall be seven members.

(5) There shall preside at any meeting of the Council—
(a) the Chairperson or the Vice-Chairperson; or
(b) in the absence of the Chairperson and Vice-Chairperson, such member as the members present may elect from amongst themselves for the purpose of that meeting. (6) A decision of the Council on any question shall be by a majority of the members present and voting at the meeting and, in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his deliberative vote. (7) Where a member referred to in paragraphs (a), (b), (c) and (f) section five is for any reasonable cause unable to attend any meeting of the Council, he may, in writing, nominate another person from the same organisation to attend such meeting in his stead and such person shall be deemed to be a member for the purpose of such meeting. (8) The Council may invite any person whose presence in its opinion is desirable, to attend and to participate in the deliberations of a meeting of the Council but such person shall have no vote.

resence in its opinion is desirable, to attend and to participate in the deliberations of a meeting of the Council but such person shall have no vote.

(9) The validity of any proceedings, act or decision of the Council shall not be affected by any vacancy in the membership of the Council or by any defect in the appointment of any member or by reason that any person not entitled so to do, took part in the proceedings. (10) The Council shall cause minutes to be kept of the proceedings of every meeting of the Council and every meeting of any committee established by the Council.

5. (1) The Council may, for the purpose of performing its functions under this Act, establish committees and delegate to any such committee such of its functions as it thinks fit.

Committees of Council

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168 No. 26 of 1997] Science and Technology

(2) The Council may appoint as members of a committee
established under subsection (1), persons who are or are not
members of the Council and such persons shall hold office for such
period as the Council may determine.

(3) Subject to any specific or general direction of the Council any
committee established under subsection (1), may regulate its own
procedure.

any specific or general direction of the Council any
committee established under subsection (1), may regulate its own
procedure.

Remuneration 6. The members shall be paid such remuneration and allow-
and ances as the Council may determine, with the approval of the
allowances of Minister.
members

Disclosure of 7. (1) If a member is present at a meeting of the Council or any
interest any committee of the Council at which any matter is the subject of
consideration and in which matter the member or member's spouse
is directly or indirectly interested in a private capacity, the member
shall, as soon as is practicable after the commencement of the
meeting, disclose such interest and shall not. unless the Council
otherwise directs, take part in any consideration or discussion of, or
vote on, any question touching such matter.

(2) A disclosure of interest made under this section shall be
recorded in the minutes of the meeting at which it is made.

Prohibition 8. (1) A person shall not, without the consent in writing given
of publica- by or on behalf of the Council, publish or disclose to any unauthorised
tion or person, otherwise than in the course of his duties, the contents of any
disclosure of documents, communication or information whatsoever,
information which relates to, and which has come to his knowledge in the
to an course of his duties under this Act.
unauthorised
person (2) Any person who contravenes the provisions of sub-
paragraph (1) shall be guilty of an offence and shall be liable, upon
conviction, to a fine not exceeding five thousand penalty units or to
imprisonment for a term not exceeding three years, or to both.

onviction, to a fine not exceeding five thousand penalty units or to
imprisonment for a term not exceeding three years, or to both.

(3) If any person having any information which to his
knowledge has been published or disclosed in contravention of
sub-paragraph (1) unlawfully publishes or communicates any such
information to any other person, he shall be guilty of an offence and
shall be liable, upon conviction, to a fine not exceeding five
thousand penalty units or to imprisonment for a term not exceeding
three months or to both.

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Science and Technology [No. 26 of 1997 169

PART II

Financial Provisions

erm not exceeding
three months or to both.

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Science and Technology [No. 26 of 1997 169

PART II

Financial Provisions

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Science and Technology [No. 26 of 1997 169

PART II

Financial Provisions 9. (1) The funds of the Council shall consist of such moneys as
Follow—
(a) be appropriated by Parliament for the purposes of the Council;
(b) be paid to the Council by way of fees, levy, grants or donations; or
(c) vest in or accrue to the Council.

t for the purposes of the Council;
(b) be paid to the Council by way of fees, levy, grants or donations; or
(c) vest in or accrue to the Council.

(2) The Council may—
(a) accept moneys by way of grants or donations from any source in Zambia and, subject to the approval of the Minister, from any source outside Zambia;
(b) raise moneys by way of loans or otherwise, from any source in Zambia and subject to the approval of the Minister, from any source outside Zambia, such moneys as it may require for the discharge of its functions, and
(c) in accordance with the regulations made under this Act, charge and collect fees for services provided by the Council. (3) There shall be paid from the funds of the Council—
(a) the salaries, allowances and loans of the staff of the Council;
(b) such reasonable travelling, transport and subsistence al- lowances for members of any committee of the Council when engaged in the business of the Council, at such rates as the Minister may determine; and
(c) any other expenses incurred by the Council in the performance of its functions. (4) The Council may invest in such manner as it thinks fit such of its funds as it does not immediately require for the performance of its functions.

(4) The Council may invest in such manner as it thinks fit such of its funds as it does not immediately require for the performance of its functions.

(5) The Council shall constitute a Science and Technology Development Fund to—
(a) encourage special initiatives in science or technology res- search development; and
(b) commercialise technology.

Funds of the Council

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170 No. 26 of 1997] Science and Technology

echnology res- search development; and
(b) commercialise technology.

Funds of the Council

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170 No. 26 of 1997] Science and Technology

(5) The Council shall constitute a Science and Technology Development Fund to—
(a) encourage special initiatives in science or technology res- search development; and
(b) commercialise technology.

Funds of the Council

[Page 17]
170 No. 26 of 1997] Science and Technology (6) The Minister, may by statutory instrument, provide for the
management of the Science and Technology Development Fund. Financial 10. The financial year of the Council shall be the period of
year twelve months ending on the 31st of December, in each year. Accounts 11. The Council shall cause to be kept proper books of account
and the other records relating to its accounts. Annual 12. (1) As soon is practicable, but not later than six months after
report the expiry of each financial year, the Council shall submit to the
Minister a report concerning its activities during such financial
year.

financial year, the Council shall submit to the
Minister a report concerning its activities during such financial
year.

(2) The report referred to in paragraph (1) shall include
information on the financial affairs of the Council and the
management boards for centres and institutes established
under this Act and there shall be appended thereto—
(a) an audited balance sheet;
(b) an audited statement of income and expenditure;
(c) an audited statement of income and expenditure of the
Venture Capital Fund and Science and Technology
Development Fund; and
(d) such other information as the Minister may require. (3) The Minister shall, not later than thirty days after the
first sitting of the National Assembly next after receipt of
the report referred to in sub-paragraph (1), lay it before the
National Assembly:

SECOND SCHEDULE
(Section 7)
PART 1
ADMINISTRATION FOR MANAGEMENT BOARDS

Seal of 1. (1) The seal of a management board shall be such device as
management may be determined by the board and be kept by the Secretary.
board
(2) The affixing of the seal shall be authenticated by the
Chairperson or the Vice-Chairperson and the Secretary of a
management board or one other person authorised in that behalf by
a resolution of the board.

[Page 18]
Science and Technology [No. 26 of 1997 171

(3) Any contract or instrument which, if entered into or executed
by a person not being a body corporate, would not be required to be
under seal, may be entered into or executed without seal on behalf
of a management board by the Secretary of a management board or
any other person generally or specifically authorised by the board
on that behalf.

(4) Any document purporting to be a document under the seal of
a management board or issued on behalf of the board shall be
received in evidence and shall be executed or issued, as the case may
be, without further proof, unless the contrary is proved.

of the board shall be
received in evidence and shall be executed or issued, as the case may
be, without further proof, unless the contrary is proved.

2. (1) Subject to the other provisions of this Act, a member of a
management board shall hold office for a period of three years from
the date of appointment and may be re-appointed for a further term
of three years:

Provided that the first members shall be appointed for periods
ranging from two to three years in order to facilitate retirement by
rotation

(2) A member of a management board may resign by giving one
month’s notice in writing to the Secretary of a management board
and the appointing authority.

(3) The office of a member shall become vacant—

(a) upon his death;

(b) if he is absent without reasonable excuse from three
consecutive meetings of the Council of which he has had
notice;

(c) on ceasing to hold the office by virtue of which he was
appointed member of a management board under sec-
tion ten; or

(d) if he is declared bankrupt.

3. Whenever the office of a member of a management board Filling of
becomes vacant before the expiry of the term of office, the Minister b casual
may appoint another member in place of the member who vacates vacancy
the office.

acant before the expiry of the term of office, the Minister b casual
may appoint another member in place of the member who vacates vacancy
the office.

4. (1) Subject to the other provisions of this Act, a management Proceedings
board may regulate its own procedure. of manage-
ment board
(2) A management board shall meet for the transaction of
business, at least once in every three months at such places and at
such times as the Chairperson of the management board may
decide.

[Page 19]
172 No. 26 of 1997] Science and Technology

(3) Upon giving notice of not less than fourteen days, a meeting
of a management board may be called by the Chairperson and shall
be called if not less than one third of the members so request in
writing:

Provided that if the urgency of any particular matter does not
permit the giving of such notice, a special meeting may be called
upon giving a shorter notice.

(4) The quorum at any meeting of a management board shall be
one half of the members.

(5) There shall preside at any meeting of a management board—

(a) the Chairperson or the Vice-Chairperson; or

(b) in the absence of the Chairperson and the Vice-Chairper-
son, such member as the members present may elect
from amongst themselves for purpose of that meeting

bsence of the Chairperson and the Vice-Chairper-
son, such member as the members present may elect
from amongst themselves for purpose of that meeting

(6) A decision of a management board on any question shall be
by a majority of the members present and voting at the meeting and,
in the event of an equality of votes, the person presiding at the
meeting shall have a casting vote in addition to his deliberative vote.

(7) Where a member is for any reasonable cause unable to attend
any meeting of a management board, he may, in writing, nominate
another person from the same organisation to attend such meeting
in his stead and such person shall be deemed to be a member for the
purpose of such meeting.

(8) A management board may invite any person whose presence
in its opinion is desirable, to attend and to participate in the
deliberations of a meeting of the management board but such person
shall have no vote.

(9) The validity of any proceedings, act or decision of a manage-
ment board shall not be affected by any vacancy in the membership
of the board or by any defect in the appointment of any member or
by reason that any person not entitled so to do, took part in the
proceedings.

rship
of the board or by any defect in the appointment of any member or
by reason that any person not entitled so to do, took part in the
proceedings.

(10) A management board shall cause minutes to be kept of the
proceedings of every meeting of the board and every meeting of any
committee established by the management board.

5. (1) A management board may, for the purpose of performing
Committees
of manage- its functions under this Act, establish committees and delegate to
ment board any such committee such of its functions as it thinks fit.

[Page 20]
Science and Technology [No. 26 of 1997 173

(2) A management board may appoint as members of committee
establish under subsection (1), persons who are or are not members
of the board and such persons shall hold office for such period as the
board may determine.

(3) Subject to any specific or general direction of a management
board any committee established under subsection (1), may regu-
late its own procedure.

6. The members shall be paid such remuneration and allowances Remunera-
as a management board may, with the approval of the Minister, tion and
determine. allowances
of members

aid such remuneration and allowances Remunera-
as a management board may, with the approval of the Minister, tion and
determine. allowances
of members

7. (1) If a member is present at a meeting of a management Disclosure
board or any committee of the board at which any matter is the of interest
subject of consideration and in which matter the member or the
member’s spouse is directly or indirectly interested in a private
capacity, the member shall, as soon as is practicable after the
commencement of the meeting, disclose such interest and shall not,
unless the board otherwise directs, take part in any consideration or
discussion of, or vote, any question touching such matter.

(2) A disclosure of interest made under this section shall be
recorded in the minutes of the meeting at which it is made.

stion touching such matter.

(2) A disclosure of interest made under this section shall be
recorded in the minutes of the meeting at which it is made.

8. (1) A person shall not, without the consent in writing given by Prohibition
or on behalf of a management board, publish or disclose to any tion or
unauthorised person, otherwise than in the course of his duties, the disclosure of
contents of any documents, communication or information whatso- information
ever, which relates to, and which has come to his knowledge in the to an
course of his duties under this Act. unauthorised
person
(2) Any person who contravenes the provisions of sub-para-
graph (1) shall be guilty of an offence and shall be liable, upon
conviction, to a fine not exceeding five thousand penalty units or to
imprisonment for a term not exceeding three years, or to both.

(3) If any person having any information which to his knowl-
edge has been published or disclosed in contravention of sub-
paragraph (1) unlawfully publishes or communicates any such
information to any other person, he shall be guilty of an offence and
shall be liable, upon conviction, to a fine not exceeding five
thousand penalty units or to imprisonment for a term not exceeding
three months or to both.

[Page 21]
174 No. 26 of 1997] Science and Technology

or to imprisonment for a term not exceeding
three months or to both.

[Page 21]
174 No. 26 of 1997] Science and Technology

PART II

Financial Provisions for Management Boards

9. (1) The funds of a management board shall consist of such
moneys as may—

(a) be appropriated by Parliament for the purposes of the
management board;

(b) be paid to the management board by way of fees, levy,
grants or donations; or

(c) vest in or accrue to the management board.
Funds of
management (2) A management board may—
board
(a) accept moneys by way of grants or donations from any
source in Zambia and, subject to the approval of the
Minister, from any source outside Zambia;

(b) raise by way of loans or otherwise, such moneys as it may
require for the discharge of its functions; and

(c) in accordance with the regulations made under this Act,
charge and collect fees for services provided by the
management board.

(3) There shall be paid from the funds of a management board—

(a) the salaries, allowances and loans of the staff of the board;

ard.

(3) There shall be paid from the funds of a management board—

(a) the salaries, allowances and loans of the staff of the board;

(b) such reasonable travelling, transport and subsistence
allowances for members or members of any committee
of the board when engaged in the business of the board,
at such rates as the Minister may determine; and

(4) A management board may invest in such manner as it thinks
fit such of its funds as it does not immediately require for the
performance of its functions.

Financial 10. The financial year of a management board shall be the
year period of twelve months ending on the 31st of December, in each
year.

Accounts 11. A management board shall cause to be kept proper books
of account and other records relating to its accounts.

Annual 12. (1) As soon as is practicable, but not later than six months
report after the expiry of each financial year, a management board shall
submit to the Council a report concerning its activities during
financial year.

l year, a management board shall
submit to the Council a report concerning its activities during
financial year.

[Page 22]
Science and Technology [No. 26 of 1997 175

(2) The report referred to in paragraph (1) shall include informa-
tion on the financial affairs of a management board and there shall
be appended thereto—
(a) an audited balance sheet;
(b) an audited statement of income and expenditure; and
(c) such other information as the Council may require.

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