Tropical Diseases Research Centre Act

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
REPUBLIC OF ZAMBIA
THE TROPICAL DISEASES RESEARCH CENTRE ACT
CHAPTER 301 OF THE LAWS OF ZAMBIA
CHAPTER 301 THE TROPICAL DISEASES RESEARCH CENTRE ACT
THE TROPICAL DISEASES RESEARCH CENTRE ACT
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title
2. Interpretation
PART II
T ROPICAL DISEASES RESEARCH CENTRE

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3. Tropical Disease Research Centre
4. Establishment of Board
5. Composition of Board
6. Functions of Board
7. Proceedings of Board
8. Seal of Board
9. Committees of Board
10. Disclosure of interest
11. Immunity of members
PART III
ADMINISTRATION
12. Director and Deputy Director
13. Secretary and other staff
14. Rights of Board in discoveries by its employees, etc.
15. Prohibition of publication or disclosure of information to unauthorised persons
PART IV
F INANCIAL AND O THER PROVISIONS
Section
16. Funds of Board
17. Financial year
18. Accounts
19. Annual report
20. Regulations
CHAPTER 301
TROPICAL DISEASES RESEARCH
CENTRE
Act No.
31 of 1982
13 of 1994

of Board
17. Financial year
18. Accounts
19. Annual report
20. Regulations
CHAPTER 301
TROPICAL DISEASES RESEARCH
CENTRE
Act No.
31 of 1982
13 of 1994

The Laws of Zambia
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An Act to constitute the Tropical Diseases Research Centre; to establish the
Tropical Diseases Research Board; to define the functions and powers of the
Board, and to provide for matters connected with or incidental to the
foregoing
[1st April, 1984]
PART I
PRELIMINARY
1. This Act may be cited as the Tropical Diseases Research Centre Act. The
Minister, under Statutory Instrument No. 39 of 1984 appointed 1st April, 1984 as the date
on which this Act comes into operation. The Minister may, by statutory instrument appoint:
Short title
2.

f 1984 appointed 1st April, 1984 as the date
on which this Act comes into operation. The Minister may, by statutory instrument appoint:
Short title
2.

In this Act, unless the context otherwise requires- Interpretation
"Board" means the Tropical Diseases Research Board established by section four;
"Centre" means the Tropical Diseases Research Centre constituted under section
three;
"Chairman" means the person designated Chairman of the Board by section five;
"Deputy Director" means the person appointed Deputy Director of the Board under
section twelve;
"Director" means the person appointed Director of the Board under section twelve;
"member" means a member of the Board;
"Secretary" means the person appointed Secretary of the Board under section
thirteen;
"Vice-Chairman" means the person designated Vice-Chairman of the Board under
section five. PART II
T ROPICAL DISEASES RESEARCH CENTRE

ection
thirteen;
"Vice-Chairman" means the person designated Vice-Chairman of the Board under
section five. PART II
T ROPICAL DISEASES RESEARCH CENTRE

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3. (1) There is hereby constituted the Tropical Diseases Research Centre for the
purposes of conducting research and training in tropical diseases and related matters. Tropical Diseases
Research Centre
(2) The Board may establish such number of branches of the Centre as it thinks
necessary. 4. There is hereby established the Tropical Diseases Research Board which shall
be a body corporate with prepetual succession and a common seal, capable of suing and
of being sued in its corporate name, and with power, subject to the provisions of this Act,
to do all such acts and things as a body corporate may be law do or perform. Establishment of
Board
5.

h power, subject to the provisions of this Act,
to do all such acts and things as a body corporate may be law do or perform. Establishment of
Board
5.

(1) The Board shall consist of the following members: Composition of Board
(a) the Director of Medical Services, who shall be the Chairman;
(b) the Permanent Secretary of the Province in which the Centre is located;
(c) the Secretary-General of the National Council for Scientific Research;
(d) the Dean of the School of Medicine of the University of Zambia;
(e) the administrative head of the Central Hospital nearest the Centre;
(f) the Director of Veterinary Services;
(g) a representative of the World Health Organisation; and
(h) two persons appointed by the Minister. (2) There shall be a Vice-Chairman elected by the Board. (3) A member appointed under paragraph (h) of subsection (1) shall hold office for
three years, but shall be eligible for reappointment:
Provided that any such member may resign upon giving one month's notice in writing
to the Minister and may be removed by the Minister at any time.

nt:
Provided that any such member may resign upon giving one month's notice in writing
to the Minister and may be removed by the Minister at any time.

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6. (1) The functions of the Board shall be to conduct research and training in
tropical diseases and to do all such acts and things as are necessary for or conducive to
the attainment of that purpose. Functions of Board
(2) Without prejudice to the generality of subsection (1), the Board may-
(a) formulate plans and policies for the Centre;
(b) conduct research and develop research methodologies;
(c) support research programmes relating to disease control and primary
health care;
(d) train scientists in research related to tropical diseases;
(e) provide facilities for international research and training;
(f) liaise with other scientific bodies within and outside Zambia;
(g) collect and disseminate scientific information including the publication of
scientific reports, journals and other such documents and literature relating
to the work of the Centre. (3) The Board may by directions in writing and subject to such terms and conditions
as it thinks fit, delegate to the Director, Deputy Director, any member or the Secretary any
of its functions under this Act.

uch terms and conditions
as it thinks fit, delegate to the Director, Deputy Director, any member or the Secretary any
of its functions under this Act.

(4) The Minister may give to the Board such general or specific directions with
respect to the discharge of its functions as he may consider necessary and the Board
shall give effect to such directions. 7. (1) Subject to the other provisions of this Act, the Board may regulate its own
procedure. Proceedings of Board
(2) The Board shall meet for the transaction of business at least once every twelve
months at such places and at such times as the Chairman may decide. (3) Upon giving notice of not less than fourteen days a meeting of the Board may be
called by the Chairman and shall be called if not less than five members so request in
writing:

less than fourteen days a meeting of the Board may be
called by the Chairman and shall be called if not less than five members so request in
writing:

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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) Five members shall form a quorum at any meeting of the Board. (5) There shall preside at any meeting of the Board-
(a) the Chairman; or
(b) in the absence of the Chairman, the Vice-Chairman; or
(c) in the absence of the Chairman and the Vice-Chairman, such member as
the members present may elect for the purpose of that meeting. (6) A decision of the 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.

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 any member referred to in paragraphs (a) to (g) of subsection (1) of
section four is for any reasonable cause unable to attend any meeting of the Board, his
Ministry or organisation, as the case may be, may, in writing, nominate another person 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 Board may invite any person, whose presence is in its opinion desirable, to
attend and to participate in the deliberations of a meeting of the Board but such person
shall have no vote. (9) The validity of any proceedings, act or decision of the 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. (10) The Board shall cause minutes to be kept of the proceedings of every meeting
of the Board and of every meeting of any committee established by the Board. 8. (1) The seal of the Board shall be such device as may be determined by the
Board and shall be kept by the Secretary. Seal of Board

ed by the Board. 8. (1) The seal of the Board shall be such device as may be determined by the
Board and shall be kept by the Secretary. Seal of Board

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(2) The Board may use a wafer or rubber stamp in lieu of the seal. (3) The affixing of the seal shall be authenticated by the Chairman or the
Vice-Chairman, and the Secretary or one other person authorised in that behalf by a
resolution of the Board. (4) 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 Board by the Secretary or any other person
generally or specifically authorised by the Board in that behalf. (5) Any document purporting to be a document under the seal of the Board or
issued on behalf of the Board shall be received in evidence and shall be deemed so
executed or issued, as the case may be, without further proof, unless the contrary is
proved. 9. (1) The Board 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.

he 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 Board
(2) The Board may appoint as members of a committee established 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 the Board any committee
established under subsection (1) may regulate its own procedure. 10. (1) If a person is present at a meeting of the Board or any committee of the
Board at which any matter is the subject of consideration and in which matter such person
or his spouse is directly or indirectly interested in a private capacity, he shall, as soon as
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
on, any question touching such matter. Disclosure of interest
(2) A disclosure of interest made under this section shall be recorded in the minutes
of the meeting at which it is made. 11.

. Disclosure of interest
(2) A disclosure of interest made under this section shall be recorded in the minutes
of the meeting at which it is made. 11.

No action or other proceedings shall lie or be instituted against any member for
or in respect of any act or thing done or omitted to be done in good faith in the exercise or
purported exercise of his functions under this Act. Immunity of members

f any act or thing done or omitted to be done in good faith in the exercise or
purported exercise of his functions under this Act. Immunity of members

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PART III
ADMINISTRATION
12. (1) The Board shall appoint, on such terms and conditions as it may determine,
a Director who shall be the chief executive officer of the Board and who, subject to the
control of the Board, shall be responsible for the administration of the Centre. Director and Deputy
Director
(2) The Board may appoint, on such terms and conditions as it may determine, a
Deputy Director to assist the Director. (3) The Director, or in his absence the Deputy Director, shall attend meetings of the
Board and may address such meetings, but shall not vote on any matter:
Provided that the person presiding at any meeting of the Board may, for good cause,
require the Director or Deputy Director, as the case may be, to withdraw from such
meeting. (4) The provisions of section ten shall apply, mutatis mutandis, to the Director and
the Deputy Director. 13. (1) There shall be a Secretary of the Board who shall be appointed by the
Board on such terms and conditions as the Board may determine.

Director. 13. (1) There shall be a Secretary of the Board who shall be appointed by the
Board on such terms and conditions as the Board may determine.

Secretary and other
staff
(2) The Secretary shall be responsible for the administration of the day-to-day
affairs of the Board under the general supervision of the Director. (3) The Board 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. 14. Where in the course of his duties an employee of the Board makes any
discovery, invention or improvement, the Board shall be deemed to be the owner for all
purposes of the rights therein. Rights of Board in
discoveries by its
employees, etc. 15. (1) No person shall, without the consent in writing given by or on behalf of the
Board, publish or disclose to any person, otherwise than in the course of his duties, the
contents of any document, communication or information whatsover, which relates to, and
which has come to his knowledge in the course of, his duties under this Act. Prohibition of
publication or
disclosure of
information to
unauthorised persons

has come to his knowledge in the course of, his duties under this Act. Prohibition of
publication or
disclosure of
information to
unauthorised persons

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(2) Any person who knowingly contravenes the provisions of subsection (1) shall be
guilty of an offence and shall be liable, upon conviction, to a fine not exceeding twelve
thousand five hundred penalty units or to imprisonment for a term not exceeding three
years, or to both. (3) If any person having information which to his knowledge has been published or
disclosed in contravention of subsection (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 twelve thousand five penalty units or to
imprisonment for a term not exceeding three years, or to both. (As amended by Act No. 13 of 1994)
PART IV
F INANCIAL AND O THER PROVISIONS
16. (1) The funds of the Board shall consist of such moneys as may- Funds of Board
(a) be appropriated by Parliament for the purposes of the Board;
(b) be paid to the Board by way of grants or donations; and
(c) vest in or accrue to the Board.

ropriated by Parliament for the purposes of the Board;
(b) be paid to the Board by way of grants or donations; and
(c) vest in or accrue to the Board.

(2) The Board 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) subject to the approval of the Minister, raise by way of loans or otherwise,
such moneys as it may require for the discharge of its functions; and
(c) charge and collect fees in respect of programmes, seminars, consultancy
services, and other services provided by the Board. (3) There shall be paid from the funds of the Board-
(a) the salaries, allowances and loans of the staff of the Board;

services provided by the Board. (3) There shall be paid from the funds of the Board-
(a) the salaries, allowances and loans of the staff of the Board;

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(b) such reasonable travelling, transport and subsistence allowances for
members of any committee of the Board when engaged on the business of
the Board, at such rates as the Minister may determine; and
(c) any other expenses incurred by the Board in the performance of its
functions. (4) The 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. 17. The financial year of the Board shall be the period of twelve months ending on
the 31st December in each year. Financial year
18. The Board shall cause to be kept proper books of accounts and other records
relating to its accounts. Accounts
19. (1) As soon as practicable, but not later than six months after the expiry of each
financial year, the Board shall submit to the Minister a report concerning its activities
during such financial year.

months after the expiry of each
financial year, the Board shall submit to the Minister a report concerning its activities
during such financial year.

Annual report
(2) The report referred to in subsection (1) shall include information on the financial
affairs of the Board and there shall be appended thereto-
(a) a balance sheet;
(b) an audited statement of income and expenditure; and
(c) such other information as the Minister may require. (3) The Minister shall, not later than seven days after the first sitting of the National
Assembly next after the receipt of the report referred to in subsection (1), lay it before the
National Assembly. 20. The Minister may, by statutory instrument, make regulations for the better
carrying out of the purposes of this Act. Regulations