Malawi Institute of Procurement and Supply Act
- Published in Malawi Gazette on 29 January 2016
- Assented to on 14 January 2016
- Commenced on 1 June 2016
- [This is the version of this document at 31 December 2017.]
- [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 Malaŵi Institute of Procurement and Supply Act.
2. InterpretationIn this Act, unless the context otherwise requires—“affiliate member” means a member of the Institute registered pursuant to section 16;“Appeals Board” means the Appeals Board established under section 26;“Board” means the Board of Directors appointed pursuant to section 5;“corporate member” means a member of the Institute registered pursuant to section 19;“Disciplinary Committee” means the Disciplinary Committee constituted under section 27;“Education and Qualifications Committee” means the Education and Qualifications Committee constituted under section 32;“full member” means a member of the Institute registered pursuant to section 15;“honorary member” means a member of the Institute registered pursuant to section 18;“Institute” means the Malaŵi Institute of Procurement and Supply established under section 3;“Professional Practice Committee” means the Professional Practice Committee established under section 34;“procurement and supply management professional” means any person who has undergone special and formal training in procurement and supply management and other related professional courses in procurement and supply management and has attained formal qualification from such training; and“student member” means a member of the Institute registered pursuant to section 17.
Part II – The Malaŵi Institute of Procurement and Supply
3. Establishment of the Malaŵi Institute of Procurement and Supply
4. Functions of the InstituteThe Institute shall—
5. Board of DirectorsThere shall be a Board of Directors of the Institute which shall be responsible for the administration and general management of the Institute and in so doing, shall—
6. Composition of the Board
7. Disqualification of members of the BoardAny person who—
8. Tenure of office of members of the Board
9. Allowances of the Board of DirectorsMembers of the Board shall be paid out of the funds of the Institute, such allowances as may be approved by members of the Institute, at an Annual General Meeting.
10. Meetings of the Board
11. Chief Executive Officer
12. Other employees of the InstituteThe Chief Executive Officer shall, with prior approval of the Board, appoint such other officers of the Institute as may from time to time be required for the carrying out of the functions of the Institute, on such terms and conditions as the Board may determine.
Part III – Registration of members
13. RegistrationA person shall not engage in the practice of procurement and supply chain management in Malaŵi or hold out as being entitled to do so, unless that person is a registered member under this Act:Provided that student members shall not practice as procurement and supply chain management professionals.
14. Application for registration
15. Registration of full membersThe Board may register an applicant as a full member if the applicant holds the qualifications and experience prescribed by the Board.
16. Registration of affiliate membersThe Board may register an applicant as an affiliate member if the applicant is not eligible to be registered as a full member:Provided that the applicant holds qualifications and experience prescribed by the Board.
17. Registration of student membersThe Board may, on application, register students who are undergoing training for a qualification required for registration as a full or affiliate member on such terms and conditions prescribed by the Board relating to the practice of procurement and supply chain management.
18. Honorary membersThe Board may confer honorary membership to any person who has made outstanding contribution to the procurement and supply management profession in Malaŵi, but such members shall not be eligible to vote or be voted for at any election of the Institute.
19. Corporate membersThe Board may, on application, register any organization affiliated to the Institute, as a corporate member.
20. Foreign procurement and supply management professionalsThe Board may, on application, register a foreign procurement and supply management professional if the applicant holds the qualification and experience prescribed by the Board.
22. Publication of list of membersThe Board shall cause to be published annually in the Gazette, and in other media of general nationwide circulation, as agreed by the Board, a list of the names, addresses and qualifications of registered procurement and supply management members, by 30th April of each year.
23. Subscription fees
24. Disqualification from membershipA person shall not qualify to be registered as a member if that person—
25. Cessation of membershipAny member of the Institute, other than an honorary member, who ceases to qualify for membership, shall automatically cease to be a member of the Institute.
26. Appeals Board
Part IV – Disciplinary provisions
27. Disciplinary Committee
28. Powers of inquiry of the Disciplinary Committee
29. Application of rules of natural justiceThe Disciplinary Committee shall, before taking any disciplinary action, observe the rules of natural justice and accord a member who is a subject of a disciplinary action, a right to be heard.
30. Proceedings of the Disciplinary Committee
31. Report of proceedings
Part V – Committees of the Board
32. Education and Qualifications Committee
33. Functions of the Education and Qualifications CommitteeSubject to the general directions of the Board, the Education and Qualifications Committee shall—
34. Professional Practice Committee
35. Functions of the Professional Practice CommitteeSubject to the general directions of the Board, the Professional Practice Committee shall—
Part VI – Financial provisions
36. Funds of the InstituteThe funds of the Institute shall consist of—
37. Investment powerAll moneys of the Institute not immediately required for any payment to be made by the Institute, may be invested by the Board in a manner as the Board may, from time to time, determine appropriate.
38. Compliance with Caps. 37:01, 37:02 and 37:03The Institute shall, in its financial transactions comply with the provisions of the Public Audit Act, Public Finance Management Act and the Public Procurement Act.[Cap. 37:01; Cap. 37:02; Cap. 37:03]
39. Borrowing powersThe Institute may borrow such moneys as it may require for the performance of its functions under this Act by way of loan or overdraft from any financial institution with the prior approval of the Board.
40. Accounts and audit
41. Annual report
42. Financial yearThe financial year of the Institute shall be twelve months ending on 31 December each year or on such other date as the Minister may specify by order published in the Gazette:Provided that the financial year of the Institute may be such shorter or longer periods than twelve months as the Minister shall determine but being not less than six months nor more than eighteen months.
Part VII – Meetings of the Institute
44. QuorumOne quarter of the total of full and paid up members of the Institute shall constitute a quorum at a meeting of the Institute.
45. Procedures at meetingsThe Board may prescribe procedures to be followed at meetings under this Part.
Part VIII – Misconduct and offences
46. Misconduct relating to practice
47. Offences and penalties
Part IX – Miscellaneous provisions
48. Transitional arrangements
History of this document
31 December 2017 this version
01 June 2016
29 January 2016
14 January 2016