Zambia Institute of Quantity Surveyors Act, 2024

Zambia Institute of Quantity Surveyors [No. 19 of 2024 315
THE ZAMBIA INSTITUTE OF QUANTITY
SURVEYORS ACT, 2024
ARRANGEMENTS OF SECTIONS
PART I
PRELIMINARY PROVISIONS
Section
1. Short title and commencement
2. Interpretation
PART II
THE ZAMBIA INSTITUTE OF QUANTITY SURVEYORS
3. Continuation and renaming of the Quantity Surveyors Registration
Board
4. Functions of Institute
5. Constitution of Institute
6. President, Vice-President and other office bearers
7. Meetings of Institute
8. Council of Institute
9. Functions of Council
10. Registrar and other staff
PART III
QUANTITY SURVEYORS REGISTRATION BOARD
11. Establishment of Quantity Surveyors Registration Board
12. Functions of Board
PART IV
MEMBERSHIP, REGISTRATION AND PRACTISING CERTIFICATE
13. Prohibition of person practising without registration
14. Application for registration
15. Determination of application for registration as quantity surveying
professional
16. Certificate of registration
17. Disqualification from registration
18. Title for registered quantity surveying professional
19. Change in details
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K72.00 each.

essional
19. Change in details
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K72.00 each.

316 No. 19 of 2024 Zambia Institute of Quantity Surveyors
20. Suspension and cancellation of registration
21. Re-registration
22. Prohibition of practising without practising certificate
23. Practising certificate
24. Renewal of practising certificate
25. Suspension and cancellation of practising certificate
26. Maintenance of non-practising quantity surveying professional on register
27. Prohibition of transfer of certificate of registration or practising
certificate
28. Duplicate certificate of registration or practising certificate
29. Surrender of cancelled certificate of registration or practising certificate
30. Prohibition of quantity surveying organisation or quantity surveying unit
practising without registration
31. Application by quantity surveying organisation or quantity surveying unit
for registration
32. Foreign quantity surveying organisation providing quantity surveying
services
33. Register
34. Publication of copies of register
35. Offences relating to registration, etc. PART V
DISCIPLINARY MATTERS
36. Code of ethics
37. Professional misconduct
38. Initiation of disciplinary action
39. Disciplinary Committee
40. Functions of Disciplinary Committee
41.

ode of ethics
37. Professional misconduct
38. Initiation of disciplinary action
39. Disciplinary Committee
40. Functions of Disciplinary Committee
41.

Proceedings of Disciplinary Committee
42. Powers of Disciplinary Committee
43. Sanctions for professional misconduct by Disciplinary Committee
44. Report by Disciplinary Committee
45. Rules relating to disciplinary proceedings

PART VI
INSPECTORATE
46. Inspectors
47. Powers of inspectors
PART VII
GENERAL PROVISIONS
48. Enforcement notice
49. Professional fees
50. False or misleading statement
51. Appeals
52. Jurisdiction over acts committed outside Republic
53. Prohibition of publication or disclosure of information to unauthorised person
54. Offence by principal officers of body corporate or unincorporate body
55. Administrative penalty
56. Immunity
57. Guidelines
58. General penalty
59. Regulations
60. Repeal of Act No. 37 of 1995 and savings and transitional provisions
SCHEDULES
Zambia Institute of Quantity Surveyors [No. 19 of 2024 317

ulations
60. Repeal of Act No. 37 of 1995 and savings and transitional provisions
SCHEDULES
Zambia Institute of Quantity Surveyors [No. 19 of 2024 317

Enactment
Short title
and
commence-
ment
Inter-
pretation
An Act to provide for the registration of quantity surveying
professionals, quantity surveying organisations and
quantity surveying units and regulate their practice and
professional conduct; continue the existence of the
quantity Surveyors Registration Board and re-name it as
the Zambia Institute of Quantity Surveyors and re-define
its functions; repeal and replace the Quantity Surveyors
Act, 1995; and provide for matters connected with, or
incidental to, the foregoing. [ 20th December, 2024
ENACTED by the Parliament of Zambia. PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Zambia Institute of Quantity
Surveyors Act, 2024, and shall come into operation on a date
appointed by the Minister by statutory instrument. 2.

as the Zambia Institute of Quantity
Surveyors Act, 2024, and shall come into operation on a date
appointed by the Minister by statutory instrument. 2.

In this Act, unless the context otherwise requires—
“associate” has the meaning assigned to the word in the
Anti-Corruption Act, 2012;
“Board” means the Quantity Surveyors Registration Board
established under section 11;
“built environment” means human-made infrastructure which
supports livelihood;
“Chairperson” means the person appointed Chairperson of
the Disciplinary Committee under section 39;
“code of ethics” means the code of ethics adopted and
published by the Institute for the purposes of this Act;
Zambia Institute of Quantity Surveyors [No. 19 of 2024 319
Act No. 3 of
2012
GOVERNMENT OF ZAMBIA
ACT
No. 19 of 2024
Date of Assent: 20th December, 2024

mbia Institute of Quantity Surveyors [No. 19 of 2024 319
Act No. 3 of
2012
GOVERNMENT OF ZAMBIA
ACT
No. 19 of 2024
Date of Assent: 20th December, 2024

“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 as a council
member under section 8;
“Disciplinary Committee” means the Disciplinary Committee
of the Institute constituted under section 39;
“foreign quantity surveying organisation” means a firm or
company whether corporate or unincorporate, that is
registered outside the Republic, which specialises in
providing quantity surveying services for construction and
built environment;
“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;
“inspector” means a person appointed as an inspector under
section 46;
“Institute” means the Zambia Institute of Quantity Surveyors
established under section 3;
“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 Practitioner’s 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 certificate issued under
section 23;
“President” means a person elected as President of the
Institute under section 6;
“professional misconduct” means the conduct referred to
under section 37;
“quantity surveying” means the application of scientific,
financial and economics knowledge in the built environment
320 No.

rred to
under section 37;
“quantity surveying” means the application of scientific,
financial and economics knowledge in the built environment
320 No.

19 of 2024 Zambia Institute of Quantity Surveyors
Act No. 4 of
2013
Cap. 31
Cap. 30
Act No. 6
of 2019
Act No. 4 of
2013

19 of 2024 Zambia Institute of Quantity Surveyors
Act No. 4 of
2013
Cap. 31
Cap. 30
Act No. 6
of 2019
Act No. 4 of
2013

to construction and infrastructure development through
measurements, estimating, procurement, cost and contract
formulation, administration and management;
“quantity surveying organisation” means a statutory
corporation, a company, a firm, a partnership, an association
or other body, whether corporate or unincorporate, that
specialises in providing quantity surveying services;
“quantity surveying professional” means a person who is
trained and possesses experience in quantity surveying and
is registered in accordance with this Act, and “quantity
surveying profession” shall be construed accordingly;
“quantity surveying unit” means an operational entity of a
non-quantity surveying organisation that is specialised in
providing quantity surveying services internally, in support
of that nonquantity surveying organisation’s core operations
or activities;
“register” means the register of the Institute referred to under
section 33;
“Registrar” means a 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 Quantity Surveyors Act, 1995;
“Vice-Chairperson” means the person appointed as Vice-
Chairperson of the Disciplinary Committee under section
39;
“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, 2024.

on 6; and
“Zambia Qualifications Authority” means the Zambia
Qualifications Authority established under the Zambia
Qualifications Authority Act, 2024.

Zambia Institute of Quantity Surveyors [No. 19 of 2024 321
Act No. 3
of 2012
Cap. 438
Act No. 8
of 2024

Zambia Institute of Quantity Surveyors [No. 19 of 2024 321
Act No. 3
of 2012
Cap. 438
Act No. 8
of 2024

PART II
THE ZAMBIA INSTITUTE OF QUANTITY SURVEYORS
3. (1) The Quantity Surveyors Registration Board established
under the repealed Act is continued as if established under this Act
and is renamed as the Zambia Institute of Quantity Surveyors. (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 or
perform all acts and things that a body corporate may, by law, do or
perform. (3) The First Schedule applies to the Institute. 4.

f this Act, to do or
perform all acts and things that a body corporate may, by law, do or
perform. (3) The First Schedule applies to the Institute. 4.

The functions of the Institute are to—
a) advance the quantity surveying profession and promote its
interests;
(b) register and regulate quantity surveying professionals,
quantity surveying organisations and quantity surveying
units;
(c) issue practising certificates to eligible members;
(d) set and enforce professional standards of quantity
surveying practice;
(e) develop, promote and enforce internationally comparable
quantity surveying practice standards in the Republic;
(f) provide continuous professional development to quantity
surveying professionals;
(g) investigate cases of professional misconduct under this
Act;
(h) undertake research and development into matters affecting
the quantity surveying profession;
(i) promote public awareness in matters relating to the quantity
surveying profession;
(j)recommend to the Higher Education Authority, the
development and maintenance of appropriate standards
for quantity surveying training and education;
(k) collaborate with higher education institutions, Government
departments and other international institutions to
enhance the interest and improve the quality of the
quantity surveying profession in the Republic;
322 No.

nts and other international institutions to
enhance the interest and improve the quality of the
quantity surveying profession in the Republic;
322 No.

19 of 2024 Zambia Institute of Quantity Surveyors
Continuation
and renaming
of
Quantity
Surveyors
Registration
Board
Functions of
Institute

19 of 2024 Zambia Institute of Quantity Surveyors
Continuation
and renaming
of
Quantity
Surveyors
Registration
Board
Functions of
Institute

(l) promote technological improvements and advancement in
the quantity surveying profession;
(m) protect and assist the public in all matters relating to the
practice of quantity surveying; and
(n) advise Government on matters relating to the quantity
surveying profession. 5. (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 the 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 —
(a) the 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) the election, qualifications and tenure of office of the
President, Vice-President and other office bearers of
the Institute;
(c) the composition, functions, powers and procedures of the
committees of the Institute;
(d) the categories of registration and classes of membership
and their rights, privileges and obligations; and
(e) the any other matter that the membership may determine. 6.

egistration and classes of membership
and their rights, privileges and obligations; and
(e) the any other matter that the membership may determine. 6.

The members shall elect the President, Vice-President and
other office bearers of the Institute in accordance with the provisions
of the constitution. 7. (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. (3) The validity of any proceedings, acts or decisions of the
Institute shall not be affected by a person’s absence from a meeting
of the Institute or by reason that a person not entitled to do so took
part in the proceedings of a meeting of the Institute. 8. (1) There is constituted the Council of the Institute which is
responsible for the management and control of the affairs of the
Institute. Zambia Institute of Quantity Surveyors [No. 19 of 2024 323
Constitution
of Institute
President,
Vice-
President
and other
office
bearers
Meetings of
Institute
Council of
Institute

Surveyors [No. 19 of 2024 323
Constitution
of Institute
President,
Vice-
President
and other
office
bearers
Meetings of
Institute
Council of
Institute

(2) The Council consists of the following part-time council
members nominated or elected in accordance with the provisions
of the constitution:
(a) the President;
(b) the Vice-President;
(c) the Honorary Secretary;
(d) the Treasurer;
(e) five members; and
(f) the immediate past President as ex-officio. (3) A person shall not be nominated or elected 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. (4) The First Schedule applies to the Council. 9. (1) The functions of the Council are to perform the functions
of the Institute.

ee of the Institute. (4) The First Schedule applies to the Council. 9. (1) The functions of the Council are to perform the functions
of the Institute.

(2) Despite the generality of subsection (1), the functions of the
Council are to—
(a) develop rules and guidelines for members of the Institute;
(b) refer a matter to the Disciplinary Committee in accordance
with Part V;
(c) make recommendations relating to the quantity surveying
profession to the general meeting of the Institute;
(d) set, establish and monitor standards for members employed
in quantity surveying;
(e) approve the policies, programmes and strategic plans of
the Institute;
(f) approve the annual work plan, action plans, activities and
reports of the Institute;
324 No. 19 of 2024 Zambia Institute of Quantity Surveyors
Functions of
Council

nnual work plan, action plans, activities and
reports of the Institute;
324 No. 19 of 2024 Zambia Institute of Quantity Surveyors
Functions of
Council

(g) approve the annual budget estimates and financial
statements of the Institute;
(h) monitor and evaluate the performance of the Institute
against budgets and plans; and
(i) advise the Minister on matters relating to the quantity
surveying profession. (3) The Council may, by direction, in writing, and on conditions
that the Council considers necessary, delegate to the Registrar any
of the Council’s functions under this Act. 10. (1) The Council shall appoint a Registrar, on terms and
conditions that the Council may determine, who shall be—
(a) the chief executive officer of the Institute and Secretary
to the Council; and
(b) responsible for the day-to-day administration of the
Institute. (2) The Registrar shall attend meetings of the Council or a
committee of the Council and may address those meetings, but
shall have no vote. (3) The Council shall appoint other staff of the Institute that
the Council considers necessary for the performance of the functions
of the Institute. (4) The Council shall determine the conditions of service and
emoluments of the Registrar and other staff of the Institute. PART III
QUANTITY SURVEYORS REGISTRATION BOARD
11.

termine the conditions of service and
emoluments of the Registrar and other staff of the Institute. PART III
QUANTITY SURVEYORS REGISTRATION BOARD
11.

(1) There is established the Quantity Surveyors Registration
Board which consists of the following members appointed by the
Council:
(a) a representative of the Ministry responsible for
infrastructure;
(b) two representatives of quantity surveying units;
(c) two representatives from quantity surveying organisations;
(d) a representative of a construction company;
(e) a representative of a higher education institution; and
(f) a representative of the Law Association of Zambia as
ex-officio. Zambia Institute of Quantity Surveyors [No. 19 of 2024 325
Registrar and
other staff
Establishment
of Quantity
Surveyors
Registration
Board

x-officio. Zambia Institute of Quantity Surveyors [No. 19 of 2024 325
Registrar and
other staff
Establishment
of Quantity
Surveyors
Registration
Board

(2) The members referred to under subsection (1) (a), (b),
(c), (d) and (e) shall be quantity surveying professionals. (3) The institutions or organisations referred to under subsection
(1) shall nominate their representatives for appointment by the
Council. (4) The Board may, for purposes of performing its functions
under this Act, establish such committees as the Board may
determine and may delegate to the committees any of its functions
as it considers necessary. (5) The Minister may, on the recommendation of the Council,
by statutory instrument, make regulations to provide for the tenure
of office of a member of the Board, procedure of meetings and
quorum of the Board. (6) Subject to any specific or general direction of the Council,
the Board may regulate its own procedure. 12. (1) Except as otherwise provided in this Act, the function
of the Board shall be to perform the registration functions of the
Institute. (2) The Council may give general or specific directions to the
Board relating to registration under this Act. PART IV
MEMBERSHIP, REGISTRATION AND PRACTISING CERTIFICATE
13.

e general or specific directions to the
Board relating to registration under this Act. PART IV
MEMBERSHIP, REGISTRATION AND PRACTISING CERTIFICATE
13.

(1) A person shall not be employed or practise as a quantity
surveying professional unless that person is registered as a quantity
surveying professional in accordance with this Act. (2) A person who contravenes subsection (1) commits an offence
and is liable, on conviction, to a fine not exceeding three hundred
thousand penalty units or to imprisonment for a term not exceeding
three years, or to both. 14. (1) A person who intends to be employed or to practise as
a quantity surveying professional shall apply to the Board for
registration in the prescribed manner and form on payment of the
prescribed fee. (2) The Board may determine different fees for different
categories of quantity surveying professionals. 326 No. 19 of 2024 Zambia Institute of Quantity Surveyors
Functions of
Board
Prohibition
of person
practising
without
registration
Application
for
registration

9 of 2024 Zambia Institute of Quantity Surveyors
Functions of
Board
Prohibition
of person
practising
without
registration
Application
for
registration

(3) The Board may, within thirty days of receipt of an
application under subsection (1), grant or reject the application. (4) The Board shall, where the Board rejects an application
under subsection (3), inform the applicant of the decision, in writing,
and give reasons for the decision. 15. (1) The Board shall, in considering an application made
under section 14, register an applicant as a quantity surveying
professional if the Board is satisfied that the applicant—
(a) possesses knowledge, training and experience as
prescribed;
(b) holds a qualification recognised and validated by the
Zambia Qualifications Authority;
(c) is of good professional standing;
(d) is a citizen or is resident in the Republic and has an
established office or appointment in the Republic in the
quantity surveying profession; and
(e) meets other requirements that the Minister may, on the
recommendation of the Board prescribe by statutory
instrument. (2) The Board shall register a quantity surveying professional
in accordance with the categories of registration prescribed in the
constitution. 16.

. (2) The Board shall register a quantity surveying professional
in accordance with the categories of registration prescribed in the
constitution. 16.

(1) The Board shall, where the Board grants an application
under section 14, issue a quantity surveying professional with a
certificate of registration in the prescribed form showing the quantity
surveying professional’s category of registration. (2) A certificate of registration shall remain the property of the
Institute and shall have an unlimited period of validity, unless
suspended or cancelled under this Act. 17. A person shall not qualify for registration as a quantity
surveying professional if that person is—
(a) convicted of an offence involving fraud or dishonesty under
this Act or any other written law in the preceding five
years prior to the registration;
(b) legally disqualified;
(c) an undischarged bankrupt; or
(d) found guilty of professional misconduct by the Disciplinary
Committee and the Disciplinary Committee orders the
cancellation of the certificate of registration of a quantity
surveying professional. Zambia Institute of Quantity Surveyors [No. 19 of 2024 327
Determination
of
application
for
registration
as quantity
surveying
professional
Certificate of
registration
Disqualification
from
registration

24 327
Determination
of
application
for
registration
as quantity
surveying
professional
Certificate of
registration
Disqualification
from
registration

18. A registered quantity surveying professional shall use the
title or designation as provided in the constitution. 19. A quantity surveying professional registered under this Act
shall notify the Registrar, in writing, of any change in the particulars
relating to the registration within seven days of the change. 20. (1) Subject to this Act, the Board may suspend or cancel
the registration of a quantity surveying professional of registration
if—
(a) the Board has reasonable grounds to believe that the
registration was obtained through fraud,
misrepresentation or concealment of a material fact;
(b) the quantity surveying professional is found guilty of
professional misconduct under this Act or the code of
ethics and the Disciplinary Committee orders the
suspension or cancellation of the quantity surveying
professional’s certificate of registration;
(c) the quantity surveying professional is convicted of an
offence under this Act or any other written law and
sentenced to imprisonment for a term exceeding six
months without the option of a fine; or
(d) since the registration, circumstances have arisen
disqualifying the quantity surveying professional from
registration.

ut the option of a fine; or
(d) since the registration, circumstances have arisen
disqualifying the quantity surveying professional from
registration.

(2) The Board shall, before suspending or cancelling the
registration under subsection (1), give the quantity surveying
professional an opportunity to be heard. (3) The Board may, before cancelling the registration of a
quantity surveying professional, suspend the quantity surveying
professional for a specified period and on terms and conditions that
the Board may determine. (4) The name of the quantity surveying professional shall be
removed from the register and shall not be restored except where
the Board cancels the registration of a quantity surveying
professional under this section on conditions that may be prescribed. (5) The practising certificate of the holder of the certificate of
registration shall be void where a certificate of registration is
cancelled under this section. Title for
registered
quantity
surveying
professional
328 No. 19 of 2024 Zambia Institute of Quantity Surveyors
Change in
details
Suspension
and
cancellation
of
registration

uantity
surveying
professional
328 No. 19 of 2024 Zambia Institute of Quantity Surveyors
Change in
details
Suspension
and
cancellation
of
registration

21. A person may, where a certificate of registration is
cancelled under this Act, apply to the Board for re-registration in
the prescribed manner and form on payment of a prescribed fee,
subject to the terms and conditions that the Board may determine. 22. (1) A person shall not practice as a quantity surveying
professional without a valid practising certificate issued to that
person by the Board under this Act. (2) A person shall not offer employment to a person as a
quantity surveying professional who does not hold a valid practising
certificate issued under this Act. (3) A person who contravenes subsection (1) or (2) commits
an offence and is liable, on conviction, to a fine not exceeding
seven hundred thousand penalty units or to imprisonment for a
term not exceeding seven years, or to both. 23. (1) A registered quantity surveying professional shall apply
to the Board for a practising certificate in the prescribed manner
and form on payment of a prescribed fee.

uantity surveying professional shall apply
to the Board for a practising certificate in the prescribed manner
and form on payment of a prescribed fee.

(2) The Board shall, within thirty days of the receipt of an
application under subsection (1), issue the applicant with a practising
certificate in the prescribed form where the applicant meets the
requirements of this Act. (3) The Minister may, by statutory instrument, and on the
recommendation of the Board, make Regulations to provide for—
(a) the terms and conditions for the issuance of a practising
certificate;
(b) the type of continuous professional development and
training and any other information required for the
issuance of a practising certificate; and
(c) any other matter that is necessary for the purposes of this
section. 24. (1) A practising certificate shall be renewed annually in
the prescribed manner and form on payment of a prescribed fee. (2) A practising certificate that is not renewed in accordance
with subsection (1) is void.

prescribed manner and form on payment of a prescribed fee. (2) A practising certificate that is not renewed in accordance
with subsection (1) is void.

(3) A quantity surveying professional who practices quantity
surveying or provides any quantity surveying service during any
period in which a practising certificate is void commits an offence
and is liable, on conviction, to a fine not exceeding five hundred
thousand penalty units or to imprisonment for a term not exceeding
five years, or to both. Re-
registration
Zambia Institute of Quantity Surveyors [No. 19 of 2024 329
Prohibition
of practising
without
practising
certificate
Practising
certificate
Renewal of
practising
certificate

antity Surveyors [No. 19 of 2024 329
Prohibition
of practising
without
practising
certificate
Practising
certificate
Renewal of
practising
certificate

25. (1) Subject to this Act, the Board may suspend or cancel
a practising certificate if the holder—
(a) is found guilty of professional misconduct and the
Disciplinary Committee orders the suspension or
cancellation of the practising certificate;
(b) is convicted of an offence under this Act or any other
written law and sentenced to imprisonment for a term
exceeding six months without the option of a fine;
(c) becomes legally disqualified;
(d) is an undischarged bankrupt;
(e) obtained the practising certificate through fraud,
misrepresentation or concealment of a material fact; or
(f) is de-registered under this Act. (2) The Board shall, before suspending or cancelling the
practising certificate of a quantity surveying professional under
this section, give the quantity surveying professional an opportunity
to be heard. (3) The Board may, before cancelling the practising certificate
of a quantity surveying professional, suspend the quantity surveying
professional for a specified period and on terms and conditions that
the Board may determine. 26.

rveying professional, suspend the quantity surveying
professional for a specified period and on terms and conditions that
the Board may determine. 26.

(1) A quantity surveying professional who does not intend
to practice quantity surveying for a specified period of time shall
notify the Board, in writing, of that quantity surveying professional’s
intention. (2) The Board may, where a quantity surveying professional
notifies the Board in accordance with subsection (1), maintain the
name of the quantity surveying professional on the register, in a
non-practising category, for that period of time. 27. A certificate of registration or practising certificate issued
under this Part shall not be transferred to a third party. 330 No. 19 of 2024 Zambia Institute of Quantity Surveyors
Suspension
and
cancellation
of practising
certificate
Prohibition
of transfer
of certificate
of
registration
or practising
certificate
Maintenance
of non-
practising
quantity
surveying
professional
on register

bition
of transfer
of certificate
of
registration
or practising
certificate
Maintenance
of non-
practising
quantity
surveying
professional
on register

28. (1) A quantity surveying professional whose certificate of
registration or practising certificate is destroyed or lost may apply
to the Registrar for a duplicate certificate of registration or
practising certificate in the prescribed manner and form on payment
of a prescribed fee. (2) The Registrar may, within fourteen days of receipt of an
application under subsection (1), issue a duplicate certificate of
registration or practising certificate to the quantity surveying
professional. 29. A quantity surveying professional whose certificate of
registration or practising certificate is cancelled shall, within seven
days of being notified of the cancellation, surrender the certificate
of registration and practising certificate to the Board. 30. (1) A quantity surveying organisation or quantity surveying
unit shall not provide quantity surveying services if the quantity
surveying organisation or quantity surveying unit is not registered
in accordance with this Act. (2) A quantity surveying organisation or quantity surveying unit
that contravenes subsection (1) commits an offence and is liable,
on conviction, to a fine not exceeding nine million penalty units. 31.

urveying unit
that contravenes subsection (1) commits an offence and is liable,
on conviction, to a fine not exceeding nine million penalty units. 31.

(1) A quantity surveying organisation or quantity surveying
unit that intends to provide quantity surveying services shall apply
to the Board for registration in the prescribed manner and form on
payment of a prescribed fee. (2) The Board shall, within thirty days of receipt of an
application made under subsection (1), grant or reject the application. (3) The Board shall, where it rejects an application in
accordance with subsection (2), inform the applicant and give the
reasons for the rejection. (4) The Minister may, by statutory instrument, on the
recommendation of the Institute, make regulations to provide for—
(a) the terms and conditions for the issuance of a certificate
of registration as a quantity surveying organisation or
quantity surveying unit;
(b) the manner and form of applications and the fees payable;
(c) the circumstances on which the registration under this
section may be renewed, suspended or cancelled; and
(d) any other matter necessary for the purposes of this section. Zambia Institute of Quantity Surveyors [No.

y be renewed, suspended or cancelled; and
(d) any other matter necessary for the purposes of this section. Zambia Institute of Quantity Surveyors [No.

19 of 2024 331
Duplicate
certificate of
registration
or practising
certificate
Surrender of
cancelled
certificate of
registration
or practising
certificate
Prohibition
of quantity
surveying
organisation
or quantity
surveying
unit
practising
without
registration
Application
by quantity
surveying
organisation
or quantity
surveying
unit for
registration

or quantity
surveying
unit
practising
without
registration
Application
by quantity
surveying
organisation
or quantity
surveying
unit for
registration

32. A foreign quantity surveying organisation that intends to
provide quantity surveying services in the Republic shall enter into
a joint venture with a surveying organisation or quantity surveying
unit registered under this Act and shall comply with the prescribed
conditions. 33. (1) The Institute shall keep and maintain a registered
register of—
(a) quantity surveying professionals;
(b) the holders of practising certificates and persons whose
practising certificates are cancelled;
(c) quantity surveying organisations and quantity surveying
units;
(d) the applications rejected and reasons for the rejection;
and
(e) any other information that the Board may determine. (2) The register referred to under subsection (1) shall contain
particulars that may be prescribed. (3) The register shall be kept in the custody of the Registrar at
the offices of the Institute and shall be open for inspection to
members of the public during normal office hours on payment of a
fee that the Institute may determine.

e Institute and shall be open for inspection to
members of the public during normal office hours on payment of a
fee that the Institute may determine.

(4) The Registrar shall, on an application by any person, issue
to the person a certified extract from the registers or a copy of a
certificate of registration or practising certificate, on payment of a
fee that the Institute may determine. 34. (1) The Registrar shall, on the direction of the Board, cause
copies of the register, including alterations of, or additions to the
register, to be printed and published in a manner and form that the
Board may direct. (2) Subject to this Act, a copy of the last published and printed
register shall be prima facie evidence in legal proceedings of what
is contained in that register, and the absence of the name of a
quantity surveying professional, quantity surveying organisation or
quantity surveying unit from that copy is prima facie evidence
that a quantity surveying professional, quantity surveying organisation
or quantity surveying unit is not registered. 35. (1) A person shall not—
(a) make or cause to be made, an unauthorised entry, alteration
or erasure on a register, certificate of registration or
practising certificate, or on a certified copy of a register,
certificate of registration or practising certificate;
332 No.

ficate of registration or
practising certificate, or on a certified copy of a register,
certificate of registration or practising certificate;
332 No.

19 of 2024 Zambia Institute of Quantity Surveyors
Foreign
quantity
surveying
organisation
providing
quantity
surveying
services
Register
Publication
of copies of
register
Offences
relating to
registration,
etc.

antity
surveying
organisation
providing
quantity
surveying
services
Register
Publication
of copies of
register
Offences
relating to
registration,
etc.

(b) procure or attempt to procure registration under this Act
by fraud, misrepresentation or the concealment of a
material fact;
(c) impersonate a quantity surveying professional, quantity
surveying organisation or quantity surveying unit or use
the title or designation of a quantity surveying
professional, quantity surveying organisation or quantity
surveying unit while not registered as a quantity
surveying professional, quantity surveying organisation
or quantity surveying unit under this Act; or
(d) forge a certificate of registration, practising certificate or
other document issued under this Act. (2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a term not
exceeding five years, or to both. PART V
DISCIPLINARY MATTERS
36. The Council shall adopt and publish a code of ethics for
quantity surveying professionals which shall bind quantity surveying
professionals registered under this Act. 37.

opt and publish a code of ethics for
quantity surveying professionals which shall bind quantity surveying
professionals registered under this Act. 37.

A quantity surveying professional commits professional
misconduct if the quantity surveying professional—
(a) contravenes a provision of this Act;
(b) unlawfully discloses or uses to the quantity surveying
professional’s advantage any information acquired in
the practice of the quantity surveying professional;
(c) engages in conduct that is dishonest, fraudulent or deceitful;
or
(d) breaches the code of ethics or encourages another quantity
surveying professional to breach or disregard the code
of ethics. 38. (1) A person may lodge a complaint with the Institute
against a quantity surveying professional where that person alleges
that the quantity surveying professional has committed professional
misconduct. Zambia Institute of Quantity Surveyors [No. 19 of 2024 333
Code of
ethics
Professional
misconduct
Initiation of
disciplinary
action

sional
misconduct. Zambia Institute of Quantity Surveyors [No. 19 of 2024 333
Code of
ethics
Professional
misconduct
Initiation of
disciplinary
action

(2) The Institute may initiate disciplinary action under this
section where the Institute has reasonable grounds to believe that
a quantity surveying professional has contravened the code of ethics
or any provision of this Act. (3) A complaint or allegation shall be made to the Registrar in
the prescribed manner and form. 39. (1) The Council shall constitute a Disciplinary Committee
consisting of the following part-time members:
(a) the Chairperson;
(b) the Vice-Chairperson;
(c) four quantity surveying professionals, who are not
members of the Council; and
(d) a legal practitioner nominated by the Law Association of
Zambia. (2) The Registrar shall be the Secretary to the Disciplinary
Committee but shall not vote on any matter before the Disciplinary
Committee. (3) A person qualifies to be appointed as Chairperson or Vice-
Chairperson of the Disciplinary Committee if that person is
registered as a fellow with a minimum of fifteen years’ experience
in quantity surveying.

Chairperson of the Disciplinary Committee if that person is
registered as a fellow with a minimum of fifteen years’ experience
in quantity surveying.

(4) A person shall not be appointed as a member of the
Disciplinary Committee if that person—
(a) is legally disqualified;
(b) is an undischarged bankrupt;
(c) is found guilty of professional misconduct under this Act;
(d) in the case of a member referred to under subsection
(1)(a), (b) and (c), has not been on the register of quantity
surveying professionals for at least ten years preceding
the appointment; or
(e) is convicted of an offence under any other written law
and sentenced to imprisonment for a term exceeding
six months without the option of a fine. (5) A member of the Disciplinary Committee shall hold office
for a term of three years and may be re-appointed for a further
and final term of three years. 334 No. 19 of 2024 Zambia Institute of Quantity Surveyors
Disciplinary
Committee

and may be re-appointed for a further
and final term of three years. 334 No. 19 of 2024 Zambia Institute of Quantity Surveyors
Disciplinary
Committee

(6) A member of the Disciplinary Committee shall, on expiration
of the term for which the member is appointed continue to hold
office until another member is appointed but in no case shall an
extension of the period exceed three months. (7) The office of a member of the Disciplinary Committee
becomes vacant if the member—
(a) dies;
(b) is adjudged bankrupt under any written law;
(c) is absent from three consecutive meetings of the
Disciplinary Committee of which the member has notice,
without the prior approval of the Disciplinary Committee;
(d) resigns by notice, in writing, to the Council;
(e) is legally disqualified from performing the functions of a
member of the Disciplinary Committee;
(f) is found guilty of professional misconduct;
(g) is de-registered under this Act or any other written law;
or
(h) is convicted of an offence under any other written law
and sentenced to imprisonment for a term exceeding
six months without the option of a fine.

(h) is convicted of an offence under any other written law
and sentenced to imprisonment for a term exceeding
six months without the option of a fine.

(8) The Council shall, where there is a vacancy in the
membership of the Disciplinary Committee before the expiry of
the term of office, appoint another person to replace the member
who vacates office but that person shall only hold office for the
remainder of the term. 40. (1) The functions of the Disciplinary Committee are to
hear and determine a—
(a) disciplinary action initiated by the Institute against a
quantity surveying professional that has contravened the
code of ethics or this Act; or
(b) complaint or allegation of professional misconduct made
by a person against a quantity surveying professional. (2) The Disciplinary Committee may publicise as the
Disciplinary Committee considers appropriate, the facts relating to
a quantity surveying professional who is found guilty of, and punished
for, professional misconduct. Zambia Institute of Quantity Surveyors [No. 19 of 2024 335
Functions of
Disciplinary
Committee

d guilty of, and punished
for, professional misconduct. Zambia Institute of Quantity Surveyors [No. 19 of 2024 335
Functions of
Disciplinary
Committee

336 No. 19 of 2024 Zambia Institute of Quantity Surveyors
41. (1) Subject to the other provisions of this Act, the Disciplinary
Committee may regulate its own procedure. (2) Five members of the Disciplinary Committee shall form a
quorum at a meeting or sitting of the Disciplinary Committee. (3) The Chairperson, or in the absence of the Chairperson,
the Vice-Chairperson shall preside at a meeting or sitting of the
Disciplinary Committee. (4) A question at a meeting or sitting of the Disciplinary
Committee shall be decided by a majority of the members present
at the meeting or sitting of the Disciplinary Committee and in the
event of an equality of votes, the person presiding at the meeting or
sitting shall have a casting vote in addition to that person’s deliberative
vote. (5) The proceedings of the Disciplinary Committee shall be in
camera. (6) A party to a hearing of the Disciplinary Committee may
appear in person or be represented by a legal practitioner or, if the
party so elects, by any other person.

hearing of the Disciplinary Committee may
appear in person or be represented by a legal practitioner or, if the
party so elects, by any other person.

(7) A decision of the Disciplinary Committee shall be in the
form of a reasoned judgment and a copy of the judgment shall be
supplied to each party to the proceedings and to every person
affected by the decision. (8) If a person is present at a meeting or sitting of the
Disciplinary Committee at which any matter is the subject of
consideration, and in which matter that person or that person’s
relative or associate is directly or indirectly interested in a private
capacity, that person shall, as soon as is practicable after the
commencement of the meeting or sitting, disclose the interest and
shall not, unless the Disciplinary Committee otherwise directs, take
part in any consideration or discussion of, or vote on, any question
relating to that matter. (9) A disclosure of interest made under this section shall be
recorded in the minutes of the meeting at which it is made. (10) The Disciplinary Committee shall cause to be kept a record
of its proceedings. 42.

be
recorded in the minutes of the meeting at which it is made. (10) The Disciplinary Committee shall cause to be kept a record
of its proceedings. 42.

(1) The Disciplinary Committee may, for the purposes of
a hearing, hear and receive evidence and may—
(a) under the hand of the Chairperson or the Registrar,
summon witnesses and require the production of a book,
record, document, electronic record or anything required
for the purposes of the proceeding; and
Proceedings
of
Disciplinary
Committee
Powers of
Disciplinary
Committee

electronic record or anything required
for the purposes of the proceeding; and
Proceedings
of
Disciplinary
Committee
Powers of
Disciplinary
Committee

(b) through the Chairperson or Vice-Chairperson, administer
an oath to a witness. (2) A person summoned to attend before the Disciplinary
Committee shall not—
(a) refuse or fail to attend at the time and place specified in
the summons or, having attended, leave without the
permission of the Disciplinary Committee;
(b) having attended, refuse to be sworn or to affirm;
(c) refuse, without lawful excuse, to answer fully and
satisfactorily to the best of that person’s knowledge and
belief, a question lawfully put to that person; or
(d) refuse to produce a book, record, document or thing which
that person has been required by summons to produce. (3) A person who contravenes subsection (2) commits an
offence and is liable, on conviction, for that refusal or failure, to a
fine not exceeding two hundred thousand penalty units. (4) Despite subsection (2), a person shall not be compelled to
answer any question or produce any book, record or document
which that person would not be compelled to answer or produce
on the trial of an action in the High Court.

ion or produce any book, record or document
which that person would not be compelled to answer or produce
on the trial of an action in the High Court.

(5) A hearing before the Disciplinary Committee shall, for the
purposes of Chapter XI of the Penal Code, be deemed to be a
judicial proceeding. (6) A finding of fact which is shown to have been made by a
court in the Republic shall, in any hearing before the Disciplinary
Committee, be conclusive evidence of the fact so found. (7) The Disciplinary Committee shall, where the Disciplinary
Committee has reasonable cause to believe that a quantity surveying
professional is legally disqualified, refer the matter for determination
in accordance with the Mental Health Act, 2019. (8) The Disciplinary Committee shall, where a determination
is made in accordance with the Mental Health Act, 2019, that a
quantity surveying professional is legally disqualified, suspend the
practising certificate of the quantity surveying professional. (9) The Disciplinary Committee shall, where the Disciplinary
Committee finds, after due inquiry, that a quantity surveying
professional is not guilty of professional misconduct, record a finding
that the quantity surveying professional is not guilty of the conduct
to which the charge relates and dismiss the charge. Zambia Institute of Quantity Surveyors [No.

ty surveying professional is not guilty of the conduct
to which the charge relates and dismiss the charge. Zambia Institute of Quantity Surveyors [No.

19 of 2024 337
Cap. 87
Act No. 6 of
2019
Act No. 6 of
2019

19 of 2024 337
Cap. 87
Act No. 6 of
2019
Act No. 6 of
2019

(10) The Disciplinary Committee may, for the purpose of any
proceedings, use assessors or experts as the Disciplinary
Committee considers necessary. 43.

0) The Disciplinary Committee may, for the purpose of any
proceedings, use assessors or experts as the Disciplinary
Committee considers necessary. 43.

The Disciplinary Committee shall, where the Disciplinary
Committee finds a quantity surveying professional guilty of
professional misconduct, after due inquiry, impose one or more of
the following penalties:
(a) order the cancellation of the quantity surveying
professional’s certificate of registration or practising
certificate;
(b) order the suspension of the certificate of registration or
practising certificate for a specified period and on
conditions as determined by the Disciplinary Committee;
(c) censure the quantity surveying professional;
(d) caution the quantity surveying professional;
(e) impose an administrative penalty, not exceeding one
hundred thousand penalty units, to be paid to the
Institute;
(f) order that the quantity surveying professional be re-trained;
(g) order the quantity surveying professional to pay to the
Institute or to a party to the hearing the costs of, or
incidental to, the proceedings; or
(h) order the quantity surveying professional to pay any party
to the hearing or any other person, as restitution, the
amount of loss caused by that person’s negligence. 44.

surveying professional to pay any party
to the hearing or any other person, as restitution, the
amount of loss caused by that person’s negligence. 44.

The Disciplinary Committee shall, within sixty days of
receipt of a complaint, hear and determine the complaint and submit
to the Council a report of the proceedings together with a copy of
the record. 45. (1) The Chief Justice may, by statutory instrument and on
the recommendation of the Council, make rules relating to the—
(a) manner and form for lodging of complaints under this
Part;
(b) mode of summoning persons before the Disciplinary
Committee;
(c) manner and form of service of a summons requiring the
attendance of a witness before the Disciplinary
Committee and the production of a book, record,
document or thing;
338 No. 19 of 2024 Zambia Institute of Quantity Surveyors
Sanctions
by
Disciplinary
Committee
for
professional
misconduct
Report by
Disciplinary
Committee
Rules
relating to
disciplinary
proceedings

Surveyors
Sanctions
by
Disciplinary
Committee
for
professional
misconduct
Report by
Disciplinary
Committee
Rules
relating to
disciplinary
proceedings

(d) procedure to be followed and rules of evidence to be
observed in proceedings before the Disciplinary
Committee; and
(e) functions of assessors and experts to the Disciplinary
Committee. (2) Rules made under subsection (1) may provide—
(a) that before a matter is referred to the Disciplinary
Committee it shall be investigated by the Institute;
(b) for securing notices for the proceedings and specifying
the time and manner of the proceedings; and
(c) for securing that a party to the proceedings shall, if that
person requires, be entitled to be heard by the
Disciplinary Committee. PART VI
INSPECTORATE
46. (1) The Council shall appoint suitably qualified persons as
inspectors to ensure compliance with this Act. (2) The Council shall provide an inspector with an identification
card which shall be prima facie evidence of the inspector’s
appointment as inspector. (3) An inspector shall, in performing a function under this
Act—
(a) be in possession of the identification card referred to in
subsection (2); and
(b) show the identification card to a person who requests to
see the identification card or is the subject of an
investigation under this Act. 47.

and
(b) show the identification card to a person who requests to
see the identification card or is the subject of an
investigation under this Act. 47.

(1) An inspector may, for the purpose of enforcing the
provisions of this Act, at any reasonable time, without prior notice,
and on the authority of a warrant, enter any premises that the
inspector has reasonable grounds to believe is used for the
commission of an offence or contrary to the provisions of this Act,
and—
(a) search the premises;
(b) search any person on the premises if the inspector has
reasonable grounds to believe that the person has
possession of an article, document or record that has a
bearing on an inspection or investigation, except that a
person shall only be searched by a person of the same
sex;
Inspectors
Zambia Institute of Quantity Surveyors [No. 19 of 2024 339
Powers of
inspectors

person shall only be searched by a person of the same
sex;
Inspectors
Zambia Institute of Quantity Surveyors [No. 19 of 2024 339
Powers of
inspectors

(c) take extracts from, or make copies of, any book, document
or record that is on the premises and that has a bearing
on an inspection or investigation;
(d) demand the production of, and inspect, relevant
certificates; and
(e) make inquiries that may be necessary to ascertain whether
the provisions of this Act or any other law on which an
inspection or investigation is based, have been complied
with. (2) A court may issue a warrant on application by an inspector
if it appears from written information given by that inspector, on
oath or affirmation, that there are reasonable grounds to believe
that this Act has been or is likely to be contravened. (3) An inspector who removes anything from any premises
shall—
(a) issue a receipt for anything removed to the owner or the
person in control of the premises; and
(b) return anything removed as soon as practicable after the
thing removed has served the purpose for which it was
removed.

ntrol of the premises; and
(b) return anything removed as soon as practicable after the
thing removed has served the purpose for which it was
removed.

(4) A person commits an offence if that person—
(a) delays or obstructs an inspector in the performance of
the inspector’s functions under this Act;
(b) refuses to give an inspector reasonable assistance as the
inspector may require for the purpose of performing
the inspector’s functions;
(c) impersonates an inspector or presents oneself to be an
inspector; or
(d) wilfully gives an inspector false or misleading information
in answer to an inquiry made by the inspector. (5) A person who contravenes subsection (4) is liable, on
conviction, to a fine not exceeding three hundred thousand penalty
units or to imprisonment for a term not exceeding three years, or
to both. (6) An inspector shall furnish the Council with a written report
and any other information relating to an inspection. 340 No. 19 of 2024 Zambia Institute of Quantity Surveyors

rnish the Council with a written report
and any other information relating to an inspection. 340 No. 19 of 2024 Zambia Institute of Quantity Surveyors

PART VII
GENERAL PROVISIONS
48. (1) The Institute may, where a quantity surveying
professional is practising or a quantity surveying organisation or
quantity surveying unit is operating in contravention of this Act, by
notice served on the quantity surveying professional, quantity
surveying organisation or quantity surveying unit, direct the quantity
surveying professional, quantity serving organisation or quantity
surveying unit to take, within a period that may be specified in the
notice, measures or steps that the Board may direct. (2) The Institute shall, within seven days after serving the notice
under subsection (1), publish the notice in a daily newspaper of
general circulation in the Republic. (3) The Institute may, where a quantity surveying professional,
quantity surveying organisation or quantity surveying unit fails,
without reasonable cause, to comply with an enforcement notice
under this section—
(a) suspend or cancel the certificate of registration of the
quantity surveying professional, quantity surveying
organisation or quantity surveying unit; or
(b) suspend or cancel the practising certificate of a quantity
surveying professional. 49.

ntity surveying
organisation or quantity surveying unit; or
(b) suspend or cancel the practising certificate of a quantity
surveying professional. 49.

A quantity surveying professional shall, for professional
services rendered, charge fees that the Institute may, with the
approval of the Minister, by statutory instrument, prescribe. 50. (1) A person shall not knowingly or recklessly make a
false or misleading statment or orally or in writing to the Institute
or Disciplinary Committee with the intention that it be acted on by
the Institute or Disciplinary Committee. (2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a term not
exceeding five years, or to both. 51. (1) A person aggrieved with a decision of the make a
false or misleading statement, orally or in writing, to Board may,
within thirty days of receipt of the decision, appeal to the Council. Zambia Institute of Quantity Surveyors [No. 19 of 2024 341
Enforcement
notice
Professional
fees
False or
misleading
statement
Appeals

to the Council. Zambia Institute of Quantity Surveyors [No. 19 of 2024 341
Enforcement
notice
Professional
fees
False or
misleading
statement
Appeals

(2) A person aggrieved with a decision of the Council may,
within thirty days of receipt of the decision, appeal to the High
Court. (3) A person aggrieved with a decision of the Disciplinary
Committee may appeal to the High Court within thirty days of
receipt of the decision. (4) A decision of the Disciplinary Committee shall not take
effect until the expiration of the time for lodging an appeal against
the decision or, if an appeal is lodged, until the time the appeal is
disposed of, withdrawn or struck out for want of prosecution. (5) The proceedings of the Disciplinary Committee shall not
be set aside by reason only of some irregularity in those proceedings
if that irregularity did not occasion a substantial miscarriage of
justice. 52. (1) A court shall have jurisdiction over a quantity surveying
professional for any act committed outside the Republic which, if
it had been committed in the Republic, would have been an offence
of professional misconduct under this Act.

committed outside the Republic which, if
it had been committed in the Republic, would have been an offence
of professional misconduct under this Act.

(2) Any proceedings against a quantity surveying professional
under this section which would be a bar to subsequent proceedings
against that quantity surveying professional, for the same offence,
if the offence had been committed in the Republic, shall be a bar
to further proceedings against the quantity surveying professional
under any written law relating to the extradition of persons, in
respect of the same offence outside the Republic. (3) The Mutual Legal Assistance in Criminal Matters Act
applies to proceedings under this section. 53. (1) A person shall not, without the consent in writing given
by, or on behalf of, the Institute publish or disclose to a person,
other than in the course of duties of that person, the contents of a
document, communication or information which relates to, or which
has come to the knowledge of that person in the course of that
person’s duties under this Act. (2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding two
hundred thousand penalty units, or to imprisonment for a term not
exceeding two years, or to both.

liable, on conviction, to a fine not exceeding two
hundred thousand penalty units, or to imprisonment for a term not
exceeding two years, or to both.

(3) A person who, having information which to that person’s
knowledge has been published or disclosed in contravention of
subsection (1), unlawfully publishes or communicates the
information to another person, commits an offence and is liable, on
conviction, to a fine not exceeding two hundred thousand penalty
units or to imprisonment for a term not exceeding two years, or to
both. 342 No. 19 of 2024 Zambia Institute of Quantity Surveyors
Jurisdiction
over acts
committed
outside
Republic
Cap. 98
Prohibition
of
publication
or
disclosure
of
information
to
unauthorised
person

ity Surveyors
Jurisdiction
over acts
committed
outside
Republic
Cap. 98
Prohibition
of
publication
or
disclosure
of
information
to
unauthorised
person

54. Where an offence under this Act is committed by a body
corporate or an unincorporate body, with the knowledge, consent
or connivance of the director, manager, shareholder or partner of
the body corporate or an unincorporate body, that director, manager,
shareholder or partner commits the same offence as the body
corporate or unincorporate body and is liable, on conviction, to the
penalty specified for that offence under this Act. 55. (1) The Institute may impose an administrative penalty on
a person for a failure to comply with a provision of this Act which
is not an offence. (2) An administrative penalty shall not exceed the amount
prescribed by the Minister by statutory instrument for each day
during which the failure continues. (3) An administrative penalty shall be paid to the Institute within
the period prescribed by the Minister. (4) The Institute may, where a person fails to pay an
administrative penalty within the stipulated period under subsection
(3), by way of civil action in a competent court, recover the amount
of the administrative penalty for that person as an amount due and
owing to the Institute. 56.

f civil action in a competent court, recover the amount
of the administrative penalty for that person as an amount due and
owing to the Institute. 56.

An action or other proceeding shall not lie or be instituted
against a council member, a member of a committee of the Council,
a member of the Disciplinary Committee and a member of staff of
the Institute for, or in respect of, an act or thing done or omitted to
be done in good faith in the exercise or performance of a power or
function conferred under this Act. 57. (1) The Institute may, in the exercise of its functions
under this Act, issue guidelines as are necessary for the better
carrying out of the provisions of this Act. (2) The Institute shall publish the guidelines issued under this
Act in a daily newspaper of general circulation in the Republic and
in the Gazette, and the guidelines shall take effect on the date of
publication. (3) The guidelines issued by the Institute under this Act shall
bind the persons regulated under this Act. 58. A person who contravenes a provision of this Act for which
a specific penalty is not provided, is liable, on conviction, to a fine
not exceeding two hundred thousand penalty units or to
imprisonment for a term not exceeding two years, or to both. Zambia Institute of Quantity Surveyors [No.

ding two hundred thousand penalty units or to
imprisonment for a term not exceeding two years, or to both. Zambia Institute of Quantity Surveyors [No.

19 of 2024 343
Offence by
principal
officers of
body
corporate or
unincorporate
body
Administrative
penalty
Immunity
Guidelines
General
Penalty

19 of 2024 343
Offence by
principal
officers of
body
corporate or
unincorporate
body
Administrative
penalty
Immunity
Guidelines
General
Penalty

59. (1) The Minister may, by statutory instrument, on the
recommendation of the Council, make regulations for the better
carrying out of the provisions of this Act.
2) Despite the generality of subsection (1), regulations under
that subsection may make provision for the—
(a) manner and form of applications and the fees payable;
(b) particulars to be entered on the register;
(c) form of the certificate of registration and the conditions
of the certificate of registration;
(d) additional qualifications for registration as a quantity
surveying professional;
(e) form of the practising certificate and the conditions of
the practising certificate;
(f) code of ethics to which members shall subscribe;
(g) continuous professional development of quantity surveying
professionals; and
(h) fixing of fees for quantity surveying services and other
fees which are required to be prescribed.
60. (1) The Quantity Surveyors Act, 1995, is repealed.
(2) Despite subsection (1), the Second Schedule applies to
the matters specified in that Second Schedule.
344 No. 19 of 2024 Zambia Institute of Quantity Surveyors
Regulations
Repeal of
Act No. 37
of 1995
and savings
and
transitional
provisions

d Schedule.
344 No. 19 of 2024 Zambia Institute of Quantity Surveyors
Regulations
Repeal of
Act No. 37
of 1995
and savings
and
transitional
provisions

FIRST SCHEDULE
(Sections 3(3) and 8(4))
ZAMBIA INSTITUTE OF QUANTITY SURVEYORS
PART I
ADMINISTRATION OF COUNCIL
1. (1) The seal of the Institute shall be a device that the Council
may determine and shall be kept by the Registrar. (2) The affixing of the seal shall be authenticated by the
President or Vice-President and the Registrar or any other person
authorised in that behalf by a resolution of the Council. (3) A 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 Institute by the Registrar or any other person generally
or specifically authorised by the Council in that behalf. (4) A document purporting to be a document under the seal of
the Institute or issued on behalf of the Institute shall be received in
evidence and shall be deemed to be so executed or issued without
further proof, unless the contrary is proved. 2. (1) A council member shall, subject to the other provisions
of this Act, hold office for a term of three years and may be re-
elected for a further and final term of three years.

subject to the other provisions
of this Act, hold office for a term of three years and may be re-
elected for a further and final term of three years.

(2) A council member shall, on the expiration of the term for
which the member is elected, continue to hold office until another
member is elected but in no case shall the extension of the term
exceed three months. (3) The office of council member becomes vacant if that
council member—
(a) dies;
(b) is adjudged bankrupt under any written law;
(c) resigns by notice, in writing, to the Institute;
(d) is legally disqualified from performing the functions of a
council member;
e) is disqualified from being a council member in accordance
with section 8 (3);
Zambia Institute of Quantity Surveyors [No. 19 of 2024 345
Seal of
Institute
Tenure of
office and
vacancy of
council
members

dance
with section 8 (3);
Zambia Institute of Quantity Surveyors [No. 19 of 2024 345
Seal of
Institute
Tenure of
office and
vacancy of
council
members

(f) ceases to be a member of the Institute;
(g) is found guilty of professional misconduct;
(h) is absent, from three consecutive meetings of the Council
of which the council member had notice without the
prior approval of the Council; or
(i) is convicted of an offence under any other written law
and sentenced to imprisonment for a term of six months
without the option of a fine. 3. (1) Subject to the other provisions of this Act,the Council
may regulate its own procedure. (2) The Council shall meet at least once in every three months
for the transaction of business at a place and time as the President
may determine. (3) The President may call a meeting of the Council on giving
notice of not less than fourteen days or where one third of the
council members so request, in writing, except that if the urgency
of a particular matter does not permit the giving of notice, a special
meeting may be called on giving a shorter notice. (4) Five council members shall form a quorum at a meeting of
the Council.

iving of notice, a special
meeting may be called on giving a shorter notice. (4) Five council members shall form a quorum at a meeting of
the Council.

(5) There shall preside at a meeting of the Council—
(a) the President;
(b) in the absence of the President, the Vice-President; or
(c) in the absence of both the President and Vice-President,
another council member that the council members
present shall elect for the purpose of that meeting. (6) A decision of the Council on any question shall be by a
majority of the council 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 that person’s
deliberative vote. (7) The Council may invite a person whose presence is in the
Council’s opinion desirable to attend and participate in the
deliberations of the meeting, but that person shall have no vote. (8) The validity of any proceedings, acts or decisions of the
Council shall not be affected by a vacancy in the membership of
the Council or any defect in the appointment of a council member
or by reason that a person not entitled to do so took part in the
proceedings. Proceedings
of Council
346 No. 19 of 2024 Zambia Institute of Quantity Surveyors

son that a person not entitled to do so took part in the
proceedings. Proceedings
of Council
346 No. 19 of 2024 Zambia Institute of Quantity Surveyors

(9) The Council shall cause minutes to be kept of the
proceedings of every meeting of the Council and of any committee
established by the Council. 4. (1) The Council may, for the purposes of performing its
functions under this Act, constitute committees that the Council
considers necessary and may delegate to those committees any of
the Council’s functions. (2) The Council may appoint as members of a committee
persons who are or are not members of the Council, except that at
least one member of the Council shall be a member of the
committee. (3) A member of a committee shall hold office for a term as
the Council may determine. (4) Subject to any specific or general direction of the Council,
a committee may regulate its own procedure. 5. The Institute shall pay to a Council member or a member
of a committee of the Council an allowance that the Council may
determine. 6.

wn procedure. 5. The Institute shall pay to a Council member or a member
of a committee of the Council an allowance that the Council may
determine. 6.

(1) A person who is present at a meeting of the Council or
a committee of the Council at which any matter is the subject of
consideration, and in which matter that person or that person’s
relative or associate is directly or indirectly interested in a private
capacity, shall as soon as is practicable after the commencement
of the meeting, disclose the interest and shall not, unless the Council
or the committee of the Council otherwise directs, take part in any
consideration or discussion of, or vote on, any question relating to
that matter. (2) A disclosure of interest made under this paragraph shall
be recorded in the minutes of the meeting at which the disclosure
is made. 7. (1) A person shall not, without the consent, in writing, given
by or on behalf of the Institute, publish or disclose to a person,
otherwise than in the course of that person’s duties, the contents
of a document, communication or information which relates to,
and which comes to that person’s knowledge in the course of that
person’s duties under this Act.

ument, communication or information which relates to,
and which comes to that person’s knowledge in the course of that
person’s duties under this Act.

(2) A person who contravenes subparagraph (1) commits an
offence and is liable, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both. Zambia Institute of Quantity Surveyors [No. 19 of 2024 347
Committees
Allowances
Disclosure
of interest
Prohibition
of
publication
or
disclosure
of
information
to
unauthorised
persons

eyors [No. 19 of 2024 347
Committees
Allowances
Disclosure
of interest
Prohibition
of
publication
or
disclosure
of
information
to
unauthorised
persons

(3) A person who, having information which to the knowledge
of that person has been published or disclosed in contravention of
subparagraph (1), unlawfully publishes or communicates the
information to another person, commits an offence and is liable, on
conviction, to a fine not exceeding two hundred thousand penalty
units or to imprisonment for a period not exceeding two years, or to
both. PART II
FINANCIAL PROVISIONS
8. (1) The funds of the Institute consists of monies that may—
(a) be paid to the Institute by way of subscription fees, grants
or donations; or
(b) vest in or accrue to the Institute. (2) The Institute may—
(a) accept monies by way of grants or donations from any
source in or outside the Republic;
(b) raise by way of loans or otherwise, monies that the Institute
may require for the discharge of its functions; or
(c) in accordance with the regulations made under this Act,
charge and collect fees for services provided by the
Institute.

harge of its functions; or
(c) in accordance with the regulations made under this Act,
charge and collect fees for services provided by the
Institute.

(3) There shall be paid from the funds of the Institute—
(a) the salaries, allowances and loans of members of staff of
the Institute;
(b) reasonable travelling, transport and subsistence allowances
for Council members or any member of a committee
when engaged in the business of the Institute at the rates
approved by the Council; and
(c) any other expenses incurred by the Council or a committee
in the performance of the functions under this Act. (4) The Council may invest, in a manner the Council considers
necessary, funds that the Institute does not immediately require for
the performance of the Institute’s functions. 10. The financial year of the Institute shall be the period of
twelve months ending on 31st December in each year. 348 No. 19 of 2024 Zambia Institute of Quantity Surveyors
Funds of
Institute
Financial
year

iod of
twelve months ending on 31st December in each year. 348 No. 19 of 2024 Zambia Institute of Quantity Surveyors
Funds of
Institute
Financial
year

11. (1) The Institute shall cause to be kept proper books of
accounts and other records relating to the Institute’s accounts. (2) The accounts of the Institute for each financial year shall
be audited by an auditor appointed by the Council. (3) The auditor’s fees shall be paid by the Institute. SECOND SCHEDULE
(Section 60(2))
SAVINGS AND TRANSITIONAL PROVISIONS
1. In this Schedule, “former Board” means the Quantity
Surveyors Registration Board, established under the repealed Act. 2. (1) A quantity surveyor registered under the repealed Act
shall continue to be registered as if registered under this Act. (2) The registration under subparagraph (1) shall be modified
in accordance with this Act where necessary. (3) After the commencement of this Act, the former Board
shall continue to perform the function of the Council of the Institute
under this Act until a new Council is constituted in accordance with
this Act. (4) A register maintained under the repealed Act and subsisting
immediately before the commencement of this Act shall, until
replaced, be considered to be a register maintained under this Act. 3.

Act and subsisting
immediately before the commencement of this Act shall, until
replaced, be considered to be a register maintained under this Act. 3.

(1) For the avoidance of doubt, a person who, before the
commencement of this Act, was an employee of the former Board,
shall continue to be an employee of the Institute as if employed
under this Act. (2) The service of the persons referred to in subparagraph (1)
shall be treated as continuous service. (3) Nothing in this Act affects the rights and liabilities of any
employee employed by the former Board before the commencement
date of this Act. 4. (1) On or after the commencement of this Act, there shall be
transferred to, vest in and subsist against the Institute by virtue of
this Act and without further assurance, all assets, rights and
obligations which immediately before that date were the assets,
rights, liabilities and obligations of the former Board. Zambia Institute of Quantity Surveyors [No. 19 of 2024 349
Accounts
and audit
Interpretation
Registration
and
appointment
under
repealed
Act
Staff of
former
Board
Transfer of
assets and
liabilities

of 2024 349
Accounts
and audit
Interpretation
Registration
and
appointment
under
repealed
Act
Staff of
former
Board
Transfer of
assets and
liabilities

350 No. 19 of 2024 Zambia Institute of Quantity Surveyors
(2) Subject to subparagraph (1), every deed, bond and agreement,
other than an agreement for personnel service, to which the former
Board, was a party immediately before the commencement of this
Act whether or not of such a nature that rights, liabilities and
obligations could be assigned, shall, unless its subject matter or terms
make it impossible that it should have effect as modified, as provided
under this paragraph, have effect as if—
(a) the Institute had been party to it;
(b) for any reference to the former Board there were
substituted, with respect to anything falling to be done
on or after the commencement of this Act, a reference
to the Institute; or
(c) for any reference to any officer of the former Board not
being a party to it and beneficially interested, there were
substituted, as respects anything falling to be done on or
after the commencement of this Act, a reference to such
officer of the Institute, as the Institute shall designate.

anything falling to be done on or
after the commencement of this Act, a reference to such
officer of the Institute, as the Institute shall designate.

(3) Where under this Act, any assets, rights, liabilities and
obligations of the former Board, are deemed to be transferred to
the Institute, in respect of which transfer a written law provides for
registration, the Institute shall make an application in writing to the
appropriate registration authority for registration of the transfer. (4) The registration authority, referred to in subparagraph (3),
shall make such entries in the appropriate register as shall give
effect to the transfer and, where applicable, issue to the transferee
concerned a certificate of title in respect of the property or make
necessary amendments to the register and shall endorse the deeds
relating to the title, right or obligation concerned and no registration
fees or other duties shall be payable in respect of the transaction. 5. (1) Any legal proceedings pending immediately before the
commencement of this Act by or against the former Board, may be
continued by or against the Institute.

egal proceedings pending immediately before the
commencement of this Act by or against the former Board, may be
continued by or against the Institute.

(2) After the commencement of this Act, proceedings in respect
of any right, liability or obligation which was vested in, held, enjoyed,
incurred or suffered by the former Board, may be instituted by or
against the Institute. Legal
proceedings