Examinations Council of Zambia Act, 1983
- Commenced on 12 August 1983
- [This is the version of this document as it was at 31 December 1996 to 23 March 2021.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Examinations Council of Zambia Act.
2. InterpretationIn this Act, unless the context otherwise requires—"Chairman" means the person designated Chairman of the Council by section five;"Council" means the Examinations Council of Zambia established by section three;"Deputy Director" means the person appointed Deputy Director of the Council under section twelve;"Director" means the person appointed Director of the Council under section twelve;"examination" means any examination which the Minister may, by Gazette Notice, designate as such;"examination paper" includes any draft question paper, final question paper, marking scheme, specimen and any other material connected with or related to any current or future examination;"information" means any matter of whatever description or detail relating to any examination or examination paper;"member" means a member of the Council;"parastatal body" means any statutory corporation or any company, association or other body in which the Government has a majority or controlling interest;"Secretary" means the person appointed Secretary of the Council under section thirteen;"Vice-Chairman" means the person elected Vice-Chairman of the Council under section five.
Part II – Examinations Council of Zambia
3. Establishment of CouncilThere is hereby established the Examinations Council of Zambia 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 the provisions of this Act, to do all such acts and things as a body corporate may by law do or perform.
4. Seal of Council
5. Composition of Council
6. Disqualification from membershipA person shall not be qualified for nomination as a member of the Council if—
7. Tenure of office and vacancies
8. Functions of Council
9. Remuneration and allowances of membersA member other than a public officer or an employee of a parastatal body shall be paid such remuneration or allowances as the Minister may from time to time determine.
10. Proceedings of Council
11. Committees of Council
12. Director and Deputy Director
13. Secretary and other staff
14. Disclosure of interest
15. Immunity of membersNo action or other proceedings shall lie or be instituted against any member for or in respect of any act or thing done or omitted to be done in good faith in the exercise or purported exercise of his functions under this Act.
16. Prohibition of publication or disclosure of information to unauthorised persons
Part III – Oaths, offences and penalties
17. Oath of secrecy
18. Disclosure of examination question, etc.Any person who, without lawful excuse, discloses to any person any examination question or any information relating to the contents of any examination paper, shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding twenty five thousand penalty units or to imprisonment for a term not exceeding five years, or to both.[As amended by Act No. 13 of 1994]
19. Unauthorised possession of examination paper or information
20. Loss and misuse of examination paperAny person who, having in his possession or under his control any examination paper or any information relating thereto, recklessly or negligently loses such examination paper or such information, or uses such examination paper or such information in a manner prejudicial to the proper and fair conduct of any examination, shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding twenty five thousand penalty units or to imprisonment for a term not exceeding five years, or to both.[As amended by Act No. 13 of 1994]
21. Disclosure of interest in examination or examination paper
22. Nullification of examination or examination results
Part IV – Financial and other provisions
23. Funds of Council
24. Financial yearThe financial year of the Council shall be the period of twelve months ending on the 31st December in each year.
25. AccountsThe Council shall cause to be kept proper books of account and other records relating to its accounts.
26. Annual report
27. RegulationsThe Minister may, by statutory instrument, make regulations for the better carrying out of the purposes of this Act.
History of this document
24 March 2021 amendment not yet applied
31 December 1996 this version
12 August 1983