CROSS RIVER – MANAGEMENT DEVELOPMENT INSTITUTE LAW
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LAWS OF CROSS RIVER STATE
CHAPTER M2
MANAGEMENT DEVELOPMENT INSTITUTE LAW
ARRANGEMENT OF SECTIONS
PART I
Establishment of Institute and Council
SECTION
- Enactment.
- Establishment of Institute.
- Establishment of Council.
- Membership of Council.
- Vacation of office.
PART II
Functions
- Functions of Institute.
- Functions of Council.
- Power of Council.
- Committee.
PART III
Funds and Accounts of Institute
- Funds.
- Borrowing power.
- Investments.
- Accounts.
- Audit.
- Bank account.
PART IV
Proceedings of Council
- Times of meetings.
- Presiding at meetings.
- Co-option of members.
- Quorum.
- Validity of proceedings.
- Standing orders.
PART V
Miscellaneous Provisions
SECTION
- Director-General of Institute.
- Tenure of office.
- Authentication of documents.
- Remuneration of Chairman and members of Council.
- Salary grading.
- Representation in Court.
- Report of activities of Council.
- Direction by Governor.
- Pensionable service.
- Regulations.
- Interpretation.
- Short title.
CHAPTER M2
MANAGEMENT DEVELOPMENT INSTITUTE LAW
A Law to make provisions for the establishment of the Management Development Institute Law and for matters connected therewith.
(17th February, 1989)
[Commencement.]
PART I
Establishment of Institute and Council
- Enactment
(1) There is hereby established an Institute to be known as the Cross River State Management Development Institute.
(2) The Institute shall be a body corporate with perpetual succession and a common seal and shall have power to sue and be sued in its corporate name and to own, hold and dispose of movable and immovable property.
- Establishment of Institute
There shall be for the proper management of the Institute, a governing council to be known as the Council of the Cross River State Management Development Institute.
- Establishment of Council
The Council shall consist of—
(a) (i) a Chairman who shall be a retired senior civil servant of the rank of Permanent Secretary or a retired university lecturer; and
(ii) two other members who shall be retired senior civil servants to be appointed by the Governor; and
(b) representative of the Governor;
(i) a representative of the State Ministry of Education;
(ii) a representative of the State Ministry of Finance and Economic Planning;
(iii) a representative of the State Civil Service Commission.
- Membership of Council
The Chairman and members, other than the ex-officio members, shall hold office for three years and shall at the end of such period be eligible for re-appointment for another period of three years only.
- Vacation of office
The office of a member shall become vacant if—
(a) he resigns his office by a notice in writing addressed to the Governor;
(b) the Governor revokes his appointment;
(c) he no longer holds the office by virtue of which he is an ex-officio member.
PART II
Functions
- Functions of Institute
The functions of the Institute are—
(a) to provide management training programmes for the private and public sectors of the economy;
(b) to undertake, organise, sponsor, and facilitate study courses, conferences, lectures, workshops, seminars and other programmes for the advancement of knowledge and skills in the various spheres of public service;
(c) to develop skilled manpower for the public service of the State and other establishments;
(d) to conduct research and other investigation into problems of public administration; management and information technology;
(e) to publish journals, research papers, books and other works for the advancement of knowledge in management;
(f) to grant certificates, fellowships and other distinctions to persons approved by the Institute;
(g) to offer and undertake management consultancy services.
- Functions of Council
The Council shall carry into effect the functions of the Institute and be the final authority in the management of the affairs of the Institute.
- Power of Council
The Council shall have power—
(a) to formulate policies and guidelines for the management of the Institute;
(b) to create lectureships and other academic and non-academic posts in the Institute;
(c) subject to such terms and conditions as may be approved by the Council, to appoint such agents, contractors and other workers as it may require for the performance of any of its functions;
(d) to grant research fellowships to eminent scholars approved by the Council;
(e) to establish such training programmes and courses and such organisational structure as the Council may from time to time decide for purposes of its functions;
(f) to charge fees for its supplies and consultancy services;
(g) to enter into any contracts and perfect any instruments deemed necessary for the performance of its functions;
(h) to recommend the appointment of qualified staff into the Institute;
(i) to exercise disciplinary control over its staff and the participants in the training courses and other programmes of the Institute;
(j) to do such other things and acts as may to the Council appear necessary for the performance of its functions.
- Committee
(1) The Council may, subject to such terms and conditions as it may approve, appoint any committee to perform any of its functions.
(2) No decision of such committee shall have effect until it has been approved by the Council.
PART III
Funds and Accounts of Institute
- Funds
The funds of the Institute shall consist of—
(a) the revenue derived by the Institute from its training course and programmes, supplies and services, and other projects;
(b) grants from the State Government;
(c) endowments, donations and other gifts;
(d) revenue accruing to the Institute from any other sources whatsoever.
- Borrowing power
The Institute may, subject to such terms and conditions as the State Governor may approve, borrow such moneys as it may from time to time require for the performance of its functions.
- Investments
The Institute may, subject to such terms and conditions as the State Governor approve, invest any part of its funds in securities and viable projects directly connected with its functions and at any time dispose of such investments.
- Accounts
The Council shall keep proper account of the income and expenditure of the Institute and shall as soon as may be after the end of each year submit to the State Executive Council, the audited account of the Institute for that year including its balance sheet and report of the Auditor General of the State.
- Audit
The accounts of the Institute shall be audited by the Auditor General of the State who shall submit an audit report thereon to the State Executive Council.
- Bank account
The Institute shall operate a bank account in any reputable bank approved by the State and all monies received on behalf of the Institute shall be paid into such bank account and no withdrawal shall be made from such bank account unless the cheque or other instrument in respect of such withdrawal is signed by the Director-General and any other persons as the Council may from time to time direct.
PART IV
Proceedings of Council
- Times of meetings
(1) The Council shall meet regularly for the transaction of its business and without prejudice to the foregoing provisions, the Council shall meet not less than three times in every year.
(2) Notwithstanding the generality of the provisions of subsection (1) of this section, the Council shall meet whenever—
(a) the Chairman so directs; and
(b) three members in writing under their hands respectively, request the Chairman to convene a meeting of the Council stating the specific matter to be dealt with at such meeting.
- Presiding at meetings
The Chairman shall preside at every meeting and in his absence, the members present shall direct one of their number to preside at such meeting.
- Co-option of members
Whenever the Council is desirous of obtaining the advice of any person on any matter, the Council may co-opt such person as a member of such meeting as the Council may direct and the person so co-opted shall have all the rights and privileges of a member save that he shall not vote on any question or count towards the quorum at such meeting.
- Quorum
No meeting shall proceed to business unless there is a quorum present and any three members present at any meeting shall form a quorum.
- Validity of proceedings
The proceedings of the Council shall not be invalidated on account of the absence of any member or any defect in the appointment of a member or any vacancy in the membership of the Council or by reason that a person not so entitled has taken part in such proceedings.
- Standing orders
The Council may make standing orders to regulate the conduct of the business and proceedings of the Council and its committees.
PART V
Miscellaneous Provisions
- Director-General of Institute
(1) There shall be a Director-General of the Institute who shall be appointed by the State Governor and shall—
(a) be the Secretary to the Council;
(b) be the head of administration and the accounting officer of the Institute;
(c) subject to the general policy guidelines from time to time approved by the Council carry out the day-to-day management of the affairs of the Council and the Institute;
(d) give effect to the resolutions and decisions of the Council;
(e) do such other things and acts as the Council may from time to time direct.
- Tenure of office
The tenure of the Director-General shall be four years and shall be subject to renewal thereafter.
- Authentication of documents
(1) The common seal of the Institute shall not be affixed to any document save in pursuance of a resolution duly passed at a meeting of the Council and recorded in the minutes of such meeting.
(2) The fixing of the common seal of the Institute shall be authenticated by the signatures of the Chairman and the Director-General or such other members as are generally or specifically authorised in that behalf by the Council.
(3) Any contract or instrument which would not be required to be under seal if entered into or executed by a person, may be entered into or executed as the case may be, on behalf of the Institute by any person generally or specifically authorised so to do, by the Council.
(4) Any document purporting to be a document duly executed under the common seal of the Institute shall be received in evidence and shall unless the contrary is proved be deemed to be so executed.
- Remuneration of Chairman and members of Council
The Council shall pay to the Chairman and other members (other than ex-officio members) such emoluments and allowances as the State Government may approve.
- Salary grading
The salary grading and structure applicable to service in the Institute shall correspond with such salary grading and structure as are applicable to similar Institutions in the country.
- Representation in Court
In any civil action or proceedings, the Institute may at any time be represented in court by a State Counsel or any legal practitioner nominated by the State Attorney-General.
- Report of activities of Council
The Council shall as soon as may be after the end of each year, submit to the Governor a Comprehensive report of its activities during that year and shall include in such report its projects planned for the ensuing year.
- Direction by Governor
(1) The State Governor may give to the Council directions of a general or specific nature with respect to the performance by the Institute of any of its functions under this Law, and Council shall comply with such directions.
(2) Subject to the provisions of subsection (1) of this section, the Institute shall be under the surveillance of the head of State Public Service.
- Pensionable service
Service in the Institute shall be deemed to be pensionable and qualifying service within the intendment of the Pensions Law 1987.
- Regulations
The Council may make regulations for the better carrying into effect of the provisions of this Law and in particular but without prejudice to the generality of the foregoing provisions, the Council may make regulations with respect to—
(a) the appointment, promotion, transfer and dismissal of the staff of the Institute and exercise of disciplinary control over such staff; and
(b) the conditions of service of the staff of the Institute.
- Interpretation
In this Law unless the context otherwise requires—
“Chairman” means Chairman of the Council;
“Council” means Council of the Institute established under section 2 of the Law;
“functions” means functions under this Law;
“Governor” means Governor of the State;
“Institute” means Cross River State Management Development Institute established by section 1 of the Law;
“State” means Cross River State.
- Short title
This Law may be cited as the Management Development Institute Law.
CHAPTER M2
MANAGEMENT DEVELOPMENT INSTITUTE LAW
SUBSIDIARY LEGISLATION
No Subsidiary Legislation
