Accountants (Amendment) Act, 1998

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Short title: 
Accountants (Amendment) Act, 1998
Year of Act: 
1998
Number of Act: 
18
Date of assent: 
6 October 1998
In force: 
Yes
Download of Original File: 

Accountants (Amendment)

 

 

[No. 18 of 1998 213

GOVERNMENT OF ZAMBIA

ACT

No. 18 of 1998

Date of Assent: 7th October, 1998

An Act to amend the Accountants Act

[12th October, 1998

ENACTED by the Parliament of Zambia.

1.

 

 

This Act may be cited as the Accountants (Amendment) Act,

1998, and shall be read as one with the Accountants Act, in this Act

referred to as the principal Act.

2.

 

 

Section two of the principal Act is amended—

(a)

 

 

 

by the deletion of the definition of " Chairman " and the

substitution therefor of the following definition:

" President " means the person elected President

under section

 

eleven;

(b)

 

 

 

by the deletion of the definition of" Vice-Chairman " and

the substitution therefor of the following definition:

" Vice-President " means the person elected Vice-

President under section

 

eleven;

(c)

 

 

 

by the deletion of the definition of Institute and the

substitution therefor of the following:

" Institute " means the Zambia Institute of Chartered

Accountants.

3.

 

 

Section three of the principal Act is amended by the deletion

of the words " Zambia Institute of Certified Accountants " and the

substitution therefor of the words " Zambia Institute of Chartered

Accountants".

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

P.O. Box 30136, 10101 Lusaka. Price K2.000.

Enactment

Short title

Cap. 390

Amendment

of section 2

Amendment

of section 3

214 No. 18 of 1998]

 

Accountants (Amendment)

4.

 

 

Section four of the principal Act is amended in subsection

(4) by the deletion of the words "Chairman " and " Vice-Chairman

" and the substitution therefor of " President

 

11 and " Vice-President "

respectively.

5. Section

 

seven of the principal Act is amended by the deletion

of the words " Chairman " and "Vice-Chairman " wherever they

appear and the substitution therefor of " President " and " Vice-

President " respectively.

6. The principal Act is amended by the repeal of section

 

ten and

the substitution therefor of the following section:

10.

 

 

For the proper management of the affairs of the

Institute, there shall be an executive committee to be called the

Council of the Zambia Institute of Chartered Accountants,

which shall consist of the following Council members:

(a)

 

 

 

the President and the Vice-President who shall be

elected at the annual general meeting of the Institute

under section

 

eleven;

(b)

 

 

 

two registered accountants appointed by the Minister;

and

(c)

 

 

 

eight registered accountants elected by members at

the annual general meeting of the Institute.

7. The principal Act is amended by the repeal of section

 

eleven

and the substitution therefor of the following:

11.

 

 

(1) At the annual general meeting and subject to the

provisions of the constitution, the members of the Institute

shall elect, by secret ballot, the President from amongst

themselves.

(2) A member seeking to be elected President shall—

(a)

 

 

 

have a clean disciplinary and professional record;

{b)

 

 

 

have been a member of the Institute for a continuous

period of not less than five years; and

(c)

 

 

 

have served on the Council for at least three years.

(3) The provisions of subsections (1) and (2) shall, with

necessary modifications, apply to the election and qualification

of the Vice-President.

(4)

 

 

The President and Vice-President shall hold office for

a period of three years from the date of their election and may

be eligible for re-election.

Amendment

of section 4

Amendment

of section 7

Repeal and

replacement

of section 10

Council of

Institute

Repeal and

replacement

of section 11

President

and Vice-

President of

Insiitute

Accountants (Amendment)

 

 

[No. 18 of 1998 215

(5)

 

 

The Vice-President shall discharge the functions of the

President whenever there is a vacancy in the office of the

President or if the President is absent for any other cause.

8.

 

 

Section sixteen of the principal Act is amended by the Amendment

deletion of subsection (2) and the substitution therefor of the

 

o f s e c t i o n 16

following:

(2) The Secretary shall act as Registrar for the Institute and,

subject to the general supervision of the Council, shall be the

chief executive officer of the Institute and shall be responsible

for the administration of the Institute.

9.

 

 

Section twenty-one of the principal Act is amended by the Amendment

deletion of subsection (1) and the substitution therefor of the

 

ofsection 21

following:

(1) A person shall be eligible to apply to be registered as a

member of the Institute if the person—

(a)

 

 

 

has passed the qual ify ing examination of the Institute

and has the period or experience prescribed in the

constitution; or

(b)

 

 

 

is a member of any of the professional accountancy

bodies or holds any other accountancy qualification

approved by a two thirds majority of a full Council

meeting; or

f

 

c)

holds any of the accountancy qualifications and has

the experience prescribed by the Minister in

regulations made under section

 

thirty-eight; and

(d)

 

 

 

is able to satisfy the Institute that the person is of

good character.

10.

 

 

The principal Act is amended by the repeal of section thirty- Repeal and

one

 

 

 

and the substitution therefor of the following: replacement

b

 

of

section 31

31.

 

 

The functions of the Disciplinary Committee shall be Functions of

to hear and determine—

 

Coi^mmeT

(a)

 

 

 

any complaint or allegation against a registered

accountant, any other class of accountants or

members of the Institute;

(b)

 

 

 

any complaint or allegation against the Institute or

any organ thereof; and

216 No. 18 of 1998]

 

Accountants (Amendment)

(c)

 

 

 

any appeal from any decision made by or on behalf

of the Institute, in accordance with the procedures

set out in the Constitution.

Amendment

 

11.

The Schedule to the principal Act is amended by the

of Schedule

 

 

deletion in paragraph (1) of sub-paragraph (f) and the substitution

therefor of the following:

(f)

 

 

 

advertises himself, his practice or services except as provided

for in the constitution or rules made by the Council under

this Act.

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