National Construction Industry Act
- Commenced on 20 January 1997
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
Part I – Preliminary
1. Short titleThis Act may be cited as the National Construction Industry Act.
2. InterpretationIn 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;[Cap. 44:01]“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 CouncilThere 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
5. Disqualification from appointment to the CouncilAny person who—
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 CouncilThe Council shall regulate the construction industry in Malawi and shall have the following further functions—
12. Powers of the CouncilFor the better performance of its functions, the Council shall, subject to the provisions of this Act, have power—
13. Committees of the Council
Part V – Financial provisions
14. Funds, accounts and audit
15. LevyThe Council may, from time to time, by order published in the Gazette, impose a levy on any person or class of persons engaged in the construction industry under this Act and such levy shall be appropriated for the general operations of the Council.
16. Remuneration and expenses of members of the CouncilA member of the Council or of a committee shall be paid from the funds of the Council such allowances as the Minister may approve and in prescribing the allowances, the Council may make provision for the reimbursement of any reasonable expenses incurred by a member of the Council or of a committee in connexion with the business of the Council or the committee.
17. Investment of surplus sumsThe Council may invest any sums which are not immediately required for its objects.
18. Borrowing powersSubject to the provisions of section 32 (1) of the Finance and Audit Act, the Council may borrow either temporarily by way of overdraft or otherwise, such sums as it may require, for meeting its obligations or discharging its functions under this Act.[Cap. 37:01]
19. Financial year of the CouncilThe financial year of the Council shall be the period commencing on the date of commencement of this Act and ending on the following 31st March, and thereafter it shall be a period of twelve months ending on 31st March every year.
Part VI – Registration
20. Prohibition of carrying on business, etc.
21. Council to maintain a register
22. Application for registrationAn application for registration shall be made to the Council in such form as may be prescribed and shall be accompanied by the prescribed fee.
23. Qualifications for registration
24. Certificate of registration
25. Council to decide applications for registrationAfter considering an application the Council shall decide whether the application should be granted or refused.
26. Appeals against refusal to register or removal from register
27. Striking off from the register
Part VII – Miscellaneous provisions
28. OffencesAny person who contravenes the provisions of this Act shall be guilty of an offence and be liable to a fine of K20,000 and to imprisonment for a term of two years, and in the case of a continuing offence to a further fine of K2,000 for each day during which the offence continues.
29. RegulationsThe Minister may, with the advice of the Council, make regulations for carrying out or giving effect to the provisions of this Act, and without prejudice to the generality of the foregoing such regulations may—
Part VIII – Repeal and savings
30. Repeal and savings
History of this document
31 December 2014 this version
20 January 1997
|National Construction Industry (Compliance) Regulations, 2018||Government Notice 16 of 2018|
|National Construction Industry (Project Registration) (Amendment) Regulations, 2018||Government Notice 13 of 2018|
|National Construction Industry (Retention Funds) Regulations, 2018||Government Notice 14 of 2018|
|National Construction Industry (Use of Sustainable Construction Materials) Regulations, 2018||Government Notice 15 of 2018|