The Science and Technology Act, 1997 (Act No. 26 of 1997), Zambia

THE SCIENCE AND TECHNOLOGY ACT, 1997

ARRANGEMENT OF SECTIONS

PARTI PRELIMINARY Section

1. Short title and commencement
2. Interpretation

PART II THE NATIONAL
SCIENCE AND TECHNOLOGY COUNCIL

1. Establishment of Council
2. Functions of Council
3. Composition of Council
4. Executive Secretary, Deputy Secretary, Secretary and other
   staff
   

PART III
SCIENCE AND TECHNOLOGY INSTITUTES AND RESEARCH AND
DEVELOPMENT SUPPORT CENTRES

1. Establishment of institutes and centres
2. Restriction on- execution against property of institute or
   centre
   

PART IV
REGISTRATION OF CENTRES AND INSTITUTES

9. Registration of centres and institutes

PART V
CONSTITUTION OF MANAGEMENT BOARDS FOR INSTITUTES AND *
CENTRES

1. Constitution of management boards
2. Functions of management boards f
3. Director, Deputy Director, Secretary and other staff
4. Transfer of staff

Single copies of this Act may he obtained from the Government Printer,

P.O. Box 30136, Lusaka. Price K6.00G each

154 No. 26 of 1997] Science and Technology

1. Rights of management boards in discoveries
2. Tax exemption

PART VI MISCELLANEOUS 16 Venture Capital Fund

1. Transitional provisions
2. Vesting of assets and transfer of liabilities
3. Registration of property to be transferred
4. Legal Proceedings
5. Appeals
6. Regulations
7. Repeal of Cap. 140

FIRST SCHEDULE
PARTI
ADMINISTRATION

1. Seal of Council
2. Tenure of office of member
3. Filling of casual vacancy

*

1. Proceedings of Council
2. Committees of Council
3. Remuneration and allowances of members
4. Disclosure of interest 'K
5. Prohibition of publication of or disclosure of information to unauthorised persons

PART II
FINANCIAL PROVISIONS

1. Funds of Council
2. Financial year
3. Accounts
4. Annual report

SECOND SCHEDULE PARTI ADMINISTRATION FOR MANAGEMENT BOARDS

1. Seal of management board
2. Tenure of office of member
3. Filling of casual vacancy
4. Proceedings of management board
5. Committees of management board
6. Remuneration and allowances of members
7. Disclosure of interest
8. Prohibition of publication of or disclosure of information to unauthorised persons

PART II FINANCIAL
PROVISIONS FOR MANAGEMENT BOARDS

1. Funds of management board
2. Financial year
3. Accounts
4. Annual report

Science and Technology . 26 of 1997 157

GOVERNMENT OF ZAMBIA

ACT

No. 26 of 1997

Date of Assent: 11 th November, 1997

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

[ 14th November, 1997

ENACTED by the Parliament of Zambia. _Enactment

PARTI

PRELIMINARY

1. This Act may be cited as the Science and Technology Act, Short title

1997, and shall come into operation on such date as the Minister and commence

may, by statutory instrument, appoint.

ment

2. In this Act, unless the context otherwise require—

Interpreta" appointed date " means the date appointed by the Minister tion under section one; *

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

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

LH.IC/11.1; tAlltl I C

Cap. 236

Establishment of Council

Functions of

Council

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

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

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

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

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

management board " means a management board constituted under section ten; " Secretary " means a person appointed as Secretary of the Council under section six; and " Vice-Chairperson " means a person elected as Vice-Chairperson of the Council under section five.

PART IT
THE NATIONAL SCIENCE AND TECHNOLOGY COUNCIL

3. (1) There is hereby established the National Science and Technology Council which shall be a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name, and with power, subject to this Act, to do all such acts and things as a body corporate may by law do or perform.

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

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

___________________ Science and Technology [No. 26 of 1997

(2)

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

(a)

promote the development of an indigenous and environmentally friendly technological capacity;

(b)

regulate research in science and technology in Zambia;

(c)

register institutes and centres;

(d)

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

(e)

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

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

(g)

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

(h)

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

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

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

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

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

(m)

establish and maintain a relationship with corresponding scientific organizations in other countries; V

(n)

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

(o)

identify and determine national research and development priorities in science and technology; and

(p)

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

(3)

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

160 No. 26 of 1997] Science and Technology

Composition of Council

Executive Secretary,DeputyExecutive Secretaryand other staff

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

(a)

two members from any research institute or centre established under this Act;

(b)

two members from any public or private university;

(c)

a member from a technical college;

(d)

an engineer from industry;

(e)

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

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

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

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

(2)

The Council may appoint a Deputy Executive Secretary who shall—

(a)

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

(b)

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

(3)

The Executive Secretary shall be appointed for a term of three years and shall be eligible for re-appointmenlVfor a further term of three years.

(4)

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

(5)

The Executive Secretary shall be the Secretary of the Council.

(6)

The Council may appoint on such terms and conditions as it may determine, such other staff as it considers necessary for the performance of its functions under this Act.

Science and Technology [No. 26 of 1997 161

PART III

SCIENCE AND TECHNOLOGY INSTITUTES AND RESEARCH AND
DEVELOPMENT SUPPORT CENTRES

7. (1) The Minister may, on the recommendation of the Establish

mcnt of

Council, by statutory instrument, establish any science and . institutes and technology institute or a research and development support centre centres and set out the functions of each institute or centre.

(2)

An institute or centre establish under subsection (1) shall be a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name, and with power, subject to this Act, to do all such acts and things as a body corporate may by law do or perform.

(3)

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

(4)

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

(5)

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

8. Notwithstanding anything contrary contained in any written Restriction on execution

law, where any judgement or order has been obtained against any

against

institute or centre established by the Minister under section seven, property ofinstitute or

no execution or attachment or process of any nature thereof, shall

centre

be issued against the institute or centre or against any property of the institute or centre, but the Director shall cause to be paid out of the revenue of the institute or centre such amounts as may, by the judgement or order, be awarded against the institute or centre to the person entitled thereto.

PART IV

REGISTRATION OF CENTRES AND INSTITUTES

9. (1) Every centre or institute shall apply to the Council for Registrationof centres

registration as a centre or institute in the prescribed form. L

and institutes

(2)

An application referred to in subsection (1) shall state: _

(a)

the name of the private centre or institute;

(b)

the principal place of business;

(c)

the names and qualifications of its research and

development staff;

162 No. 26 of 1997] Science and Technology.

(d)

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

(e)

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

(3)

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

(4)

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

(5)

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

(6)

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

PARTV

CONSTITUTION OF MANAGEMENT BOARDS FOR CENTRES AND INSTITUTES

^Constitution 10. (1) The Minister shall, by statutory instrument, constitutes

of

_management management board for a centre or institute established under this boards

Act.

(2) In constituting a management board for an institute or centre under subsection (1), the Minister shall appoint not more than seven members of the Board and set out the functions of each management board.

Functions of 11. ( 1 ) Notwithstanding the provisions of a statutory management instrument specifying the functions of each management board pursuant to subsection (2) of section ten, a

management board for an institute or a centre established under this Act shall—

(a)

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

(b)

do all such things as a re necessary to promote science and technology. V

(2)

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

(3)

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

___________________ Science and Technology [No. 26 of 1997

(4)

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

(5)

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

12. (1) Subject to subsection (2), a management board shall appoint a Director on such terms and conditions as it may determine, who shall be the Chief Executive Officer of a management board and who shall, subject torn the control of the management board, be responsible for the day to day administration of the institute or centre.

(2)

The Director shall be appointed for a term of three years and shall be eligible for re-appointment for a further term of three years.

(3)

The Director shall attend meetings of a management board and may address such meetings, but shall have no vote.

(4)

The Director shall be the Secretary to a management board.

(5)

A management board may appoint a Deputy Director who shall—

(a)

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

(b)

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

(6)

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

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

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

Director, DeputyDirector, Secretaryand other staff

staff

164 No. 26 of 1997] Science and Technology Rights of 14, Where any person employed by a management board while

management . . . . . , ,.

boards in carrying out research or other duties makes a discovery, invention

discoveries

Tax exemption

Venture capital fund

Transitional provisions

Vesting ofassets and transfer of liabilities

Registrationof propertyto be transferred

or improvement in the course of his duties, the management board shall be deemed to be the owner for all purposes of the rights therein:

Provided that the management board shall pay to that person such bonus, fees or royalties thereof, or make such arrangements for such person to share in the profits derived therefrom, as the management board may determine.

15. (1) Notwithstanding any other law to the contrary, centres and institutes shall be exempt from duties and taxes on all capital goods and consumables as agreed by the Minister of Finance.

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

PART VI
MISCELLANEOUS

16. (1) The Minister shall constitute the Venture Capital Fund to promote new technology in small businesses.

(2) The Minister may, by statutory instrument, provide for the management of the Venture Capital Fund.

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

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

18. (1) The Minister may, by statutory instrument, regulate the transfer of all property which immediately before the appointed date, was the property of the former Council.

(2)

The rights, liabilities and obligations relating to the property owned by the former Council shall vest in any institution established under this Act to which the property referred to in subsection

(1)

shall be transferred.

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

Science and Technology [No. 26 of 1997 165

(2)

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

(3)

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

20. Any legal proceedings or application pending before any Legal proceedings

authority before the commencement of this Act by or against the former Council may be continued by or against the Council.

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

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

22. (1) The Minister may, on the recommendation of the

Regulations

Council, make regulations by statutory instrument for the better carrying out of the provisions of this Act.

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

*

(a)

the conduct of research in science and technology;

(b)

the registration of institutes and centres; and

(c)

any matter which the Board is authorised by this Act to
formulate or regulate.

V

(3) Rules or regulations made under this Act may provide in respect of any contravention thereof that the offender shall be liable to a fine not exceeding twenty thousand penalty units or to a term _{Repeal of} of imprisonment not exceeding five\years or to both. ^{Cap. 140}

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

166 No, 26 of 1997] Science and Technology

Sea] of Council

Tenure of office of member

Filling ofcasual vacancy

Proceedingsof Council

FIRST SCHEDULE

(Section 3)