Research Act [Chapter 10:22]

Chapter 10:22

Research Act

Acts 5/1986, 2/1988, 18/1989 (s.40, s.43), 11/1991 (s.29), 2/1998, 22/2001 (s. 4).

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title.

PART II

RESEARCHCOUNCIL OF ZIMBABWE

3. Establishment of Council.
4. Composition of Council.
5. Disqualifications for appointment to Council.
6. Tenure and conditions of office of members of Council
7. Vacation of office by member and suspension of member of Council.
8. Filling of vacancies on Council.
9. Meetings and procedure of Council.
10. Transaction of business of urgent nature.
11. Committees of Council and observers.
12. Minutes of proceedings of Council and committees.
13. Validity of decisions and acts of Council.
14. Execution of contracts and instruments by Council.
15. Remuneration and allowances of members of Council and committees. PART III

FUNCTIONS AND POWERSOF COUNCIL

16. Functions of Council.
17. Powers of Council.

PART IV

FINANCIAL PROVISIONS

18. Funds of Council.
19. Financial year of Council.
20. Accounts of Council.
21. Appointment of auditors and audit of accounts of Council.
22. Powers of auditors.
23. Reports by Council.

PART V

RESEARCHCOUNCILS AND RESEARCHINSTITUTES

24. Establishment of research councils and research institutes.
25. Provisions to be contained in constitution of research council or research institute.
26. Functions and research programmes of research council or research institute.
27. Registration in relation to foreign research with Council.
28. Control of research councils and research institutes by Council.

28A. Access to research facilities.

PART VA

MEASURES TO ENSURE SAFETY OF RESEARCH

28B. Safety boards.

28C. Functions of safety boards.

PART VI

GENERAL

29. Discoveries and inventions by officers of Council, research council or research institute.
30. Special investigations at request of person with specific object of making discoveries, inventions or improvements.
31. Minister may give Council directions in public interest.

31A. Exemption from liability.

PART VII

TRANSITIONAL PROVISIONS 33.     Transitional provisions.

SCHEDULE

Powers of Council.

AN ACT to establish the Research Council of Zimbabwe and to confer on the Council functions and powers relating to the promotion, direction, supervision and co-ordination of research; to provide for the establishment of research councils and research institutes and for the control of such research councils and research institutes by the Council; to provide for the control of research conducted by bodies or persons in terms of any Act; to provide for the registration of foreign researchers; and to provide for matters connected with or incidental to the foregoing.

[Date of commencement: 1st October, 1986.]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Research Act [Chapter 10:22].

                       2    Interpretation

In this Act—

“Council” means the Research Council of Zimbabwe established by section three;

“financial year”, in relation to the Council, means the financial year of the Council referred to in section nineteen;

“member” means a member of the Council;

“Minister” means a Vice-President or any Minister to whom the President may, from time to time, assign the administration of this Act;

“Minister responsible”, in relation to any matter for which a research council or research institute is to be or has been established, means—

• any Minister who is empowered or required by any law to exercise any function in respect of such matter; or
• a Vice-President, where that Vice-President is empowered or required by any law to exercise any function in relation to such matter;

“potentially harmful research or undertaking”

• means any form of research or undertaking which, in the Council’s opinion, poses or is likely to pose a danger to persons, animals or plants or to the environment generally;
• in relation to a safety board which has been appointed to ensure the safety of a particular class of research or undertaking referred to in paragraph (a), means that class of research or undertaking;

[Definition inserted by section 2 of Act No. 2 of 1998.]

“repealed Act” means the Research Act [Chapter 336 of 1974];

“research” means any systematic, critical or scientific study of, or inquiry into, any subject or matter for the extension of knowledge;

“research council” means a research council established in terms of this Act to conduct research, and includes, where the context so requires or admits, a research council established in terms of the repealed Act;

“research institute” means a research institute established in terms of this Act to conduct research;

“safety board” means a safety board established by the Council in terms of subsection (1) of section twentyeight B.

[Definition inserted by section 2 of Act No. 2 of 1998.].PART II

PART II

RESEARCHCOUNCIL OF ZIMBABWE

                       3    Establishment of Council

There is hereby established a council, to be known as the Research Council of Zimbabwe, which shall be a body corporate and shall be capable of suing and being sued in its corporate name and, subject to this Act, of performing all such acts as a body corporate may by law perform.

                       4    Composition of Council

• The Council shall consist of such members as the Minister shall appoint, not being less than ten or more than fifteen in number, as the Minister may from time to time determine.
• The Minister shall appoint one member as chairman of the Council and one other member as vice-chairman of the Council and the vice-chairman shall exercise the functions of the chairman during any period that the chairman is unable to exercise his functions.

                       5    Disqualifications for appointment to Council

The Minister shall not appoint a person as a member, and no person shall be qualified to hold office as a member who—

• has, in terms of a law in force in any country—
  • been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or discharged; or
  • made an assignment to or arrangement or composition with his creditors which has not been rescinded or set aside; or
• has, within the period of five years immediately preceding the date of his proposed appointment, been sentenced in any country to a term of imprisonment imposed without the option of a fine for an offence involving fraud or dishonesty; or
• is a member of Parliament or was, at any time during the period of twelve months ending on the date of his proposed appointment as a member, a member of Parliament.

                       6    Tenure and conditions of office of members of Council

• A member shall, subject to this Part, hold office for such period, not exceeding three years, as the Minister may fix on his appointment, and shall, upon the expiry of his term of office, be eligible for reappointment as a member.
• Subject to this Act, a member shall hold office on such conditions as the Minister may fix for members generally.