MALAWI INSTITUTE OF PROCUREMENT AND SUPPLY: SUBSIDIARY LEGISLATION

MALAWI INSTITUTE OF PROCUREMENT AND SUPPLY: SUBSIDIARY LEGISLATION

MALAWI INSTITUTE OF PROCUREMENT AND SUPPLY REGULATIONS

ARRANGEMENT OF REGULATIONS

    REGULATION

PART I
PRELIMINARY

    1.    Citation

    2.    Interpretation

PART II
PROVISIONS RELATING TO THE INSTITUTE

    3.    Implementing the functions of the Institute

    4.    Implementing the functions of the Board

    5.    Development of structures and terms and conditions of employment

PART III
REGISTRATION OF MEMBERS

    6.    Manner of application for membership

    7.    Full membership

    8.    Affiliate membership

    9.    Procedure for obtaining a licence

    10.    Employment in senior positions

    11.    Attributes of an honorary member

    12.    Attributes of a corporate member

    13.    Registration of foreign nationals

    14.    Change of particulars

    15.    Penalties for non-payment and late payment of fees

    16.    Disqualification from registration

    17.    Deregistration of a member

PART IV
DISCIPLINARY PROVISIONS

    18.    Lodging a complaint

    19.    Disciplinary procedures

    20.    Other members of the Disciplinary Committee

    21.    Grounds for disciplinary action

    22.    Dismissal of complaint

    23.    Roles of various players in relation to discipline

PART V
PROCEDURES BEFORE THE COMMITTEES OF THE BOARD

    24.    General provisions on conduct of committee business

    25.    Education and Qualifications Committee

    26.    Additional functions of the Education and Qualifications Committee

    27.    Additional functions of the Professional Practice Committee

PART VI
FINANCIAL PROVISION

    28.    Financial estimates

PART VII
MEETINGS OF THE INSTITUTE

    29.    Annual general meeting

    30.    The President of the Institute

    31.    Business at an extra ordinary general meeting

PART VIII
MISCELLANEOUS

    32.    Existing members

    33.    Procurement professionalism

    34.    Whistleblowing

        FIRST SCHEDULE

        SECOND SCHEDULE

        THIRD SCHEDULE

        FOURTH SCHEDULE

        FIFTH SCHEDULE

G.N. 78/2018

MALAWI INSTITUTE OF PROCUREMENT AND SUPPLY REGULATIONS

under s. 50

PART I
PRELIMINARY

1.    Citation

    These Regulations may be cited as the Malawi Institute of Procurement and Supply Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires—

    “chairperson” means any person presiding over any meeting of the Board, the Appeals Board or any committee of the Board;

    “Chief Executive Officer” means the Chief Executive Officer of the Institute appointed under section 11 of the Act;

    “gross misconduct” means improper or unlawful behaviour of a member which is so serious that it causes immediate breakdown of relationship with the profession;

    “incapacitation” means temporary or permanent inability to perform the obligation under the profession due to physical or mental infirmity;

    “non-performance”, for the purpose of section 5 (c) of the Act, includes failure to attend three consecutive meetings without justification by a member of any committee or failure to submit reports on time;

    “outstanding contribution” means a valuable input, support or influence provided by any person to the profession which has led to the success of the profession;

    “private sector” means a group of enterprises whose intention is to earn profits for the owners through provision of goods and services and is not under the control of Government;

    “profession” means procurement and supply chain management profession;

    “public sector” means a Government-owned or controlled institution whose primary responsibility is to provide public goods and services;

    “services sector” means a category of procurement which are not goods or works; and

    “works sector” means a category of procurement dealing in activities pertaining to construction, rehabilitation, demolition, maintenance or renovation of a building or structure, including—

    (a)    site preparation, excavation, erection, building, installation of equipment or materials, decoration finishing; and

    (b)    services incidental to construction, rehabilitation, demolition, maintenance or renovation of a building or structure such as drilling, mapping, satellite photography, seismic investigation and similar services provided pursuant to a procurement contract, if the value of those services does not exceed the value of the construction itself.

PART II
PROVISIONS RELATING TO THE INSTITUTE

3.    Implementing the functions of the Institute

    For the purpose of achieving the objectives and functions of the Institute as stipulated under the Act, the Institute shall—

    (a)    maintain an updated database of the registered professionals;

    (b)    ensure that high standards of behaviour are maintained in the profession in reference to the Code of Conduct of the Institute as provided in the First Schedule;

    (c)    ensure adherence of standards for accreditation of procurement and supply training institutions and providers as stipulated in the Second Schedule;

    (d)    provide general guidelines to its membership on examination of leading to the award of a certificate;

    (e)    promote research into the subjects of the profession and related matters, and the publication of books, periodicals, journals and other electronic publications;

    (f)    promote its international recognition;

    (g)    ensure that all organizations which employ the supply chain management practitioners adhere to the laws, regulations and policies relating to the profession;

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