NATIONAL CONSTRUCTION INDUSTRY

CHAPTER 53:05
NATIONAL CONSTRUCTION INDUSTRY

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

PART II
THE NATIONAL CONSTRUCTION INDUSTRY COUNCIL OF MALAWI

    3.    Establishment of the Council

    4.    Composition of the Council

    5.    Disqualification from appointment to the Council

    6.    Vacation, etc., of members from office

    7.    Filling of vacancies of the Council

    8.    Invited persons

    9.    Chairman and Vice-Chairman

PART III
MEETINGS OF THE COUNCIL

    10.    Meetings of the Council

PART IV
FUNCTIONS AND POWERS OF THE COUNCIL

    11.    Functions of the Council

    12.    Powers of the Council

    13.    Committees of the Council

PART V
FINANCIAL PROVISIONS

    14.    Funds, accounts and audit

    15.    Levy

    16.    Remuneration and expenses of members of the Council

    17.    Investment of surplus sums

    18.    Borrowing powers

    19.    Financial year of the Council

PART VI
REGISTRATION

    20.    Prohibition of carrying on business, etc.

    21.    Council to maintain a register

    22.    Application for registration

    23.    Qualifications for registration

    24.    Certificate of registration

    25.    Council to decide applications for registration

    26.    Appeals against refusal to register or removal from register

    27.    Striking off from the register

PART VII
MISCELLANEOUS PROVISIONS

    28.    Offences

    29.    Regulations

PART VIII
REPEAL AND SAVINGS

    30.    Repeal and savings

19 of 1996
G.N. 6/1997

    An Act to provide for the establishment of the National Construction Industry Council of Malawi, for the promotion and development of the construction industry in Malawi, for the registration of persons engaged in the construction industry, for the co-ordination of training of persons engaged in the construction industry and generally for matters incidental thereto or connected therewith

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the National Construction Industry Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    “Council” means the National Construction Industry Council of Malawi established under section 3;

    “financial institution” has the meaning ascribed thereto in section 2 of the Banking Act;

    “foreign firm” means a firm operating in Malawi but belonging to a person who is not a Malawian national and having fifty-one per cent or more of its capital originating from outside Malawi;

    “local firm” means a firm operating in Malawi having fifty-one per cent or more of its capital originating from within Malawi but belonging to a person who is not a Malawian national;

    “Malawian firm” means a firm operating in Malawi and having fifty-one per cent or more of its capital belonging to a Malawian national;

    “member” in relation to the Council means a member thereof appointed or elected under section 4 (1);

    “person engaged in construction industry” means a contractor, consultant, material manufacturer and material supplier.

PART II
THE NATIONAL CONSTRUCTION INDUSTRY COUNCIL OF MALAWI

3.    Establishment of the Council

    There is hereby established a Council to be known as the National Construction Industry Council of Malawi which shall be a body corporate having perpetual succession and a common seal and shall, under that name, be capable of suing and being sued and of purchasing or otherwise acquiring, holding and alienating movable or immovable property and, subject to the provisions of this Act, of performing all such acts as bodies corporate may by law perform.

4.    Composition of the Council

    (1) The Council shall consist of the following members appointed by the Minister three quarters of whom shall, save in the case of an ex officio member, be citizens of Malawi—

    (a)    three members who shall be contractors nominated by the Master Builders’ Association and the Malawian Building Contractors and Allied Trades Association;

    (b)    one specialized sub-contractor nominated by the Master Builders’ Association and the Malawi Building Contractors and Allied Trades Association;

    (c)    one quantity surveyor nominated by the Board of Architects and Quantity Surveyors;

    (d)    one architect nominated by the Board of Architects and Quantity Surveyors;

    (e)    one engineer nominated by the Board of Engineers;

    (f)    one consulting engineer nominated by the Association of Consulting Engineers;

    (g)    two members representing material manufacturers;

    (h)    one member nominated by the Board of Registration of Land Economy Surveyors, Valuers, Estate Agents and Auctioneers;

    (i)    two members from financial institutions;

    (j)    the General Manager of the Malawi Investment Promotion Agency or his representative;

    (k)    the Executive Director of the Malawi Chamber of Commerce and Industry or his representative;

    (l)    the Secretary for Works and Supplies or his representative;

    (m)    the Secretary for Economic Planning and Development or his representative;

    (n)    the Solicitor General or his representative;

    (o)    one person nominated by the University of Malawi; and

    (p)    one person of good character…