Technical, Entrepreneurial and Vocational Education and Training Act
- Commenced on 1 July 1999
- [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 Technical, Entrepreneurial and Vocational Education and Training Act.
2. InterpretationIn this Act, unless the context otherwise requires—“Authority” means the Technical, Entrepreneurial and Vocational Education and Training Authority of Malawi established under section 4;“basic payroll” means the total basic annual emoluments paid by an employer to employees;“Board” means the Board of the Authority established under section 6;“Chairman” means Chairman of the Board elected pursuant to section 6;“Committee” means a committee of the Board established under section 16;“Executive Director” means the Executive Director of the Authority appointed under section 18;“Fund” means the Technical, Entrepreneurial and Vocational Education and Training Fund established under section 28;“levy” means the Technical Entrepreneurial and Vocational Education and Training Payroll-Levy imposed under section 20;“member” means a member of the Board appointed as such under section 6;“Resource Centre” means a Resource Centre designated as such under section 17;“technical education and training” means technical, entrepreneurial and vocational education and training;“Technical Qualification Committee” means the Technical Qualification Committee of the Authority established under section 12;“Trade Advisory Committee” means a Trade Advisory Committee established under section 14.
Part II – Objectives of technical education and training
3. Objectives of technical education and trainingThe technical education and training to be carried out under this Act shall have the following broad objectives—
Part III – Establishment of Technical, Entrepreneurial and Vocational Education and Training Authority of Malawi
4. Establishment of Authority
5. Functions of the AuthorityThe functions of the Authority shall be—
Part IV – Establishment of Board of the Authority
6. Establishment of Board of the Authority
7. Vacation of members from office
8. Meetings of the Board
9. Invited persons
10. Remuneration and expenses of members, etc.
11. Powers of the BoardFor the proper discharge of its functions, the Board shall, subject to any directions on matters of general policy which the Minister may give in that behalf, have the responsibility and power—
12. Establishment of Technical Qualification Committee
13. Functions of the Technical Qualification CommitteeThe Technical Qualification Committee shall be responsible for—
14. Establishment of Trade Advisory Committees
15. Functions of Trade Advisory Committees
16. Other committees of the Board
17. Designation of Resource Centres
Part V – Management
18. Appointment of Executive Director
19. Appointment of other officers and staffThe Executive Director may, on such terms and conditions as the Board may determine, appoint such other officers and staff of the Authority, subordinate to the Executive Director, as may be required for performance of the functions of the Authority.
Part VI – Technical, Entrepreneurial and Vocational Education and Training Payroll-Levy
20. Technical Entrepreneurial and Vocational Education and Training Payroll-Levy
21. Penalty upon failure to pay levy
22. Summary recover of unpaid levy, etc.
23. Exemption from levyThe Minister may, on the recommendation of the Authority and by Order published in the Gazette, exempt any employer from the provisions of section 20.
24. Collection of levy
25. Maintenance of basic payroll by employers
26. False information, etc., to evade levyAny person who, with intent to evade payment of any levy or any penalty due under this Act—
27. Designation of inspectors
Part VII – Establishment of Technical, Entrepreneurial and Vocational Education and Training Fund
28. Establishment of Technical, Entrepreneurial and Vocational Education and Training Fund
29. Resources of the FundThe resources of the Fund shall comprise—
30. Management and auditing of the Fund
Part VIII – Financial provisions
31. Funds of the Authority
32. Books and other records of accounts and audit
33. Annual reports
34. Financial yearThe financial year of the Authority shall be a period of twelve months commencing on 1st July in each year, and ending on 30th June in the following year, or such other dates the Minister may specify by Order published in the Gazette.Provided that the first financial year of the Authority may be such shorter or longer period than twelve months as the Minister shall determine, but being not less than six months nor more than eighteen months.
Part IX – Miscellaneous provisions
35. Exemption from personal liabilityNo member of the Board, the Technical Qualification Committee or any committee of the Board, or an employee of the Authority shall, in his personal capacity be liable in civil or criminal proceedings in respect of any act or omission done in good faith in the performance of his duties or functions under this Act.
36. RegulationsThe Minister may, on the advice of the Authority, make regulations for carrying into effect the provisions of this Act.
Part X – Transitional provisions
37. Vesting of liabilities, etc.
38. Repeal and savings
History of this document
31 December 2014 this version
01 July 1999