SCIENCE AND TECHNOLOGY

CHAPTER 30:10
SCIENCE AND TECHNOLOGY

ARRANGEMENT OF SECTIONS

   SECTION

PART I
PRELIMINARY PROVISIONS

   1.   Short title

   2.   Interpretation

PART II
ADVANCEMENT OF SCIENCE AND TECHNOLOGY IN MALAWI

   3.   Policy and Statement to rank paramount

   4.   Publication and revision of the Policy and the statement

PART III
ESTABLISHMENT OF THE NATIONAL COMMISSION FOR SCIENCE AND TECHNOLOGY

   5.   Establishment of the National Commission for Science and Technology

   6.   Composition of the Commission

   7.   Tenure of office and vacancies

   8.   Allowances and expenses of members

   9.   Policy directions

   10.   Proceedings of the Commission

   11.   Committees of the Commission

   12.   Minutes of meetings

   13.   Disclosure of interest

   14.   Protection of members

   15.   Invited persons

   16.   Oath of secrecy

   17.   Prohibition of publication or disclosure of information by unauthorized persons

PART IV
FUNCTIONS AND POWERS OF THE COMMISSION

   18.   Functions of the Commission

   19.   Powers of the Commission

PART V
SECRETARIAT OF THE COMMISSION

   20.   Secretariat of the Commission

   21.   Director General of the Commission

   22.   Disclosure of interest by employees, etc.

   23.   Functions of the Secretariat

PART VI
ADVANCEMENT OF SCIENCE AND TECHNOLOGY FUND

   24.   Establishment of the Fund

   25.   The Fund to vest in the Minister

   26.   Advances to the Fund

   27.   Objects of the Fund

   28.   Application of the Fund

   29.   Books and other records of account, audit and reports of the Fund

   30.   Holdings of the Fund

   31.   Financial year

   32.   Levy

PART VII
GRANTING OF AWARDS

   33.   Institution of awards

   34.   Awards Committee

   35.   Malawi Award for Science and Technological Achievement

PART VIII
LICENCES AND PERMITS

   36.   Licensing authority

   37.   Biotechnology consent

   38.   Other classes of licences

   39.   Exemption

   40.   Application for licence

   41.   Issue of licences

   42.   Suspension and revocation of a licence

   43.   Variation of a licence

PART IX
APPEALS

   44.   Appeals

   45.   Appeals committee

   46.   Powers of the Appeals committee

PART X
MISCELLANEOUS PROVISIONS

   47.   Secrecy to be observed

   48.   Offences

   49.   Penalty for offences

   50.   Regulations

16 of 2003
G.N. 1/2009

An Act to provide for the advancement of science and technology; to establish the National Commission for Science and Technology and to provide for matters connected therewith and incidental thereto

[14TH NOVEMBER 2008]

PART I
PRELIMINARY PROVISIONS

1.   Short title

   This Act may be cited as the Science and Technology Act.

2.   Interpretation

   In this Act, unless the context otherwise requires—

   “appeals committee” means an appeals committee appointed under section 44;

   “Awards Committee” means the Scientific Awards Committee established under section 34;

   “Chairman” means Chairman of the Commission;

   “Commission” means the National Commission for Science and Technology established under section 5;

   “committee” means a committee of the Commission established under section 11 and includes the Scientific Awards Committee;

   “Fund” means the Science and Technology Fund established under section 24;

   “member” means a member of the Commission;

   “organism” means any biological entity, whether microscopic or not, capable of replication;

   “Vice-Chairman” means the person elected as the Vice-Chairman of the Commission under section 6 (3).

PART II
ADVANCEMENT OF SCIENCE AND TECHNOLOGY IN MALAWI

3.   Policy and Statement to rank paramount

   Every public officer and any authority in Malawi exercising or performing powers, duties or functions in connexion with or concerning the commitment of the Government in advancing science and technology in Malawi as declared in the National Science and Technology Policy (in this Act otherwise referred to as the “Policy”) and in the Statement of National Priorities in Science and Technology (in this Act otherwise referred to as the “Statement”) shall, in the exercise of his powers or the performance of his duties or functions, consider and treat the Policy and the Statement as ranking paramount in the business of the Government and shall further consider it to be his paramount duty to act with all due diligence and dispatch in taking such action as is required or necessary to give effect to the Policy and Statement.

4.   Publication and revision of the Policy and the Statement

   (1) The Policy and the Statement shall be published respectively by the Minister and the Commission for general distribution and, in the case of the Statement, copies of its publication shall be made freely available and without charge in and outside Malawi to bodies connected with science and technology.

   (2) Following any change in the Policy or the Statement, or following any legislative or statutory action or other action having similar effect taken by the Government in pursuance or implementation of the Policy or the Statement, the Minister shall publish in the Gazette the changes.

PART III
ESTABLISHMENT OF THE NATIONAL COMMISSION FOR SCIENCE AND TECHNOLOGY

5.   Establishment of the National Commission for Science and Technology

   There is hereby established a commission to be known as the National Commission for Science and Technology (in this Act otherwise referred to as the “Commission”).

6.   Composition of the Commission

   (1) The Commission shall consist of—

   (a)   the Chairman who shall be appointed by the Minister;

   (b)   nine persons, who shall be appointed by the Minister, at least—

      (i)   six of whom shall be appointed from the industry, academic, research and development institutions;

      (ii)   one of whom shall be appointed from the civil society; and

      (iii)   one of whom shall be a gender expert; and

   (c)   the following ex officio members—

      (i)   the Secretary for Agriculture and Irrigation or his representative;

      (ii)   the Secretary for Education, Science and Technology or his representative;

      (iii)   the Secretary for Health and Population or his representative;

      (iv)   the Secretary for Natural Resources and Environmental Affairs or his representative; and

      (v)   the Secretary for the National Economic Council or his representative.

   (2) A representative of an ex officio member referred to in subsection (1) shall be designated by, or on behalf of, the ex officio member by a notice in writing to the Commission to attend the meetings of the Commission, and upon such designation such representative shall not attend to the business of the Commission by representation.

   (3) The Vice-Chairman shall be elected by the Commission from among its members:

   Provided that no member appointed under paragraph (c) of subsection (1) shall be elected as Vice-Chairman.

   (4) The names of all members as first constituted and every change of membership shall be published in the Gazette.

   (5) The persons to be appointed under subsection (1) (b) shall be chosen for their ability and experience in scientific disciplines, technology-related activities or their professional qualifications or their suitability otherwise for appointment.

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