CROSS RIVER – SCHOLARSHIP BOARD LAW—
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LAWS OF CROSS RIVER STATE
SCHOLARSHIP BOARD LAW—
CHAPTER S2
The House of Assembly of Cross River State hereby makes the following—
LAW
(23rd May, 1996)
[Commencement.]
PART I
Establishment and composition of Board
- Establishment
(1) There is hereby established a Board to be known as the Scholarship Board.
(2) The Board 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 property whether movable or immovable.
- Composition
The Board shall comprise—
(a) a part-time Chairman and 4 other members who shall be appointed by the Governor;
(b) the following ex officio members—
(i) the Permanent Secretary of the State Ministry of Education;
(ii) the Secretary,: Cross River State Manpower Board;
(iii) one representative from the Cross River University of Technology;
(iv) the Executive Secretary of the Board.
- Tenure of office
(1) A member other than an ex officio member shall hold office for a term of 3 years and shall be eligible for reappointment for another term of 3 years only.
(2) The office of a member shall become vacant if—
(a) his tenure of office has elapsed;
(b) he by notice under his hand addressed to the Governor resigns his office;
(c) he is removed from office by the Governor.
PART II
Functions of the Board
- Functions of the Board
The functions of the Board shall be—
(a) to advise the State Government on Scholarship Policy and Programmes;
(b) to receive and consider applications for the award of Scholarship to deserving applicants;
(c) to give grants and financial assistance to deserving applicants undertaking academic research work in fields of study relevant to the State manpower needs; and
(d) to advise students on careers and facilities available for higher education within and outside Nigeria.
- Powers of Board
(1) The Board shall have power—
(a) to award scholarship to deserving students of Cross River State origin who produce evidence of admission to or of studying at approved institutions of higher learning;
(b) to terminate or withdraw any scholarship award by reason that the beneficiary—
(i) has failed to make satisfactory academic progress in his chosen field of study;
(ii) has changed his course of study without the prior consent and approval of the Board for him so to do; or
(iii) is engaged in an activity considered detrimental to his academic progress or to his health;
(c) to consider applications from beneficiaries for extension of the duration of their awards;
(d) to consider and determine the appropriate monetary value for each award;
(e) to draw up and implement diverse scholarship policies and educational enlightenment programmes that are directed to encourage research towards positive manpower development in the State;
(f) to employ such staff and other workers as the Board may consider necessary for the carrying out of its functions; and
(g) notwithstanding the foregoing provisions in section 5 (1) (f) to appoint any of its staff or other workers by way of transfer or secondment from the Public Service of the State.
(2) In this section “Institution of Higher Learning” means educational institutions such as the Polytechnic, University, College of Education, College of Agriculture, Institute of Management Technology, University of Science and Technology and like institutions approved and empowered to award higher national diplomas or certificates or degrees.
- Committees of the Board
The Board may at any time and upon such terms and conditions as it may approve, appoint any committee, panel or other body of persons to perform any of its functions or assignments but no decision of such committee, panel or other body of persons shall be implemented unless and until it has been deliberated upon and approved by the Board.
- Executive Secretary
(1) There shall be appointed by the Governor for the Board, an Executive Secretary who shall be the Chief Executive and Accounting Officer of the Board.
(2) The Executive Secretary shall be an experienced educationist with requisite knowledge and competence in scholarship policy and administration.
(3) The Executive Secretary shall hold office for three years after which he shall be eligible for reappointment for one further term of three years.
(4) The Executive Secretary shall—
(a) assist the Board in the formulation and implementation of its policies;
(b) be responsible for the day-to-day administration of the Board;
(c) convene the meetings of the Board;
(d) prepare the agenda and be responsible for the recording of the meetings of the Board;
(e) keep custody of the record of proceedings and common seal of the Board;
(f) convey the decisions of the Board to the appropriate parties; and
(g) perform such other duties as the Board may from time to time assign.
PART III
Funds and accounts
- Funds of Board
(1) The funds of the Board shall consist of—
(a) such sums as may be provided by the State and Local Governments;
(b) grants and contributions made to the Board by the Federal Government and any other Government Agencies;
(c) donations, subsidies, gifts, grants from communities, organisations, institutions, associations, clubs and individuals;
(d) revenue realised by the Board from its services and supplies;
(e) revenue accruing to the Board from any other source whatsoever.
- Borrowing powers
The Board may, subject to the terms and conditions approved by the Governor, borrow such moneys as it may from time to time require for the carrying out of its functions under this Law.
- Investments
The Board may, subject to the approval of the Governor, invest any sums standing to its credit on securities and may with the approval of the Governor, dispose of such securities.
- Accounts and Audit
(1) The Board shall keep proper records, books and statements of accounts relating to the income and expenditure of the Board including its balance sheet for each financial year.
(2) The accounts of the Board shall as soon as may be after the end of each financial year, be audited by the Auditor-General of the State who shall report thereon to the State Executive Council.
(3) The Auditor-General of the State shall at all times have access to all the books, records, returns, statements and other documents relating to the accounts of the Board, and every member of the Board and staff of the Board shall give such information to the Auditor- General as he may require.
(4) The Board shall after the end of each financial year submit to the State Executive Council a report on its activities for the immediate past financial year, and the annual statement of account of the Board including its balance sheet for that year together with the report of the Auditor-General thereon.
PART IV
Meetings
- Meetings
(1) The Board shall at such date, time and place as the Chairman may decide, hold any meeting for the transaction of its business: Provided that meetings of the Board shall be held at least once every three months.
(2) The Chairman may on his own motion at any time or upon the requisition of any two members, convene a meeting of the Board to transact any business specified in the notice of such meeting.
- Presiding at meetings
(1) The Chairman shall preside at any meeting of the Board and in his absence, the members present shall elect one of their number to preside at such meeting.
(2) Any person presiding at a meeting shall form a quorum.
- Quorum
(1) No meeting of the Board shall proceed to business unless there is a quorum present.
(2) Any two members present at a meeting shall form a quorum.
- Co-option of member
Where upon any occasion, the Board desires to obtain the advice of any person, on any particular matter, the Board may co-opt such person to be a member for such meeting or meetings as the Board may require, and such person shall have all the powers and privileges of a member except that he shall not be entitled to vote on any question or count towards the quorum.
- Validity of proceedings
The proceedings of the Board shall not be vitiated by reason of any defect in the appointment of any member, or the absence of any member or that a person not so entitled has taken part in such proceedings.
- Standing orders
The Board may make standing orders to regulate its proceedings and those of any of its committees.
PART V
Transitional Provision
- Transitional provision
(1) The staff of the Scholarship Unit of the State Ministry of Education existing immediately before the coming into force of this Law are by virtue of this section and without any further assurance transferred to the Service of the Board and shall be re-deployed in such posts and offices as the Board may deem fit.
(2) Nothing in this section shall prevent any person transferred to the Service of the Board from re-transferring from the Board to the Service of the State Government.
- Vesting of property
The vehicles, equipment, machinery, furniture, materials and other property which immediately before the coming into force of this Law belonged to the Scholarship Unit of the State Ministry of Education are hereby transferred to the Board and shall by virtue of this section and without any further assurance vest in the Board.
PART VI
Miscellaneous Provisions
- Miscellaneous provisions
(1) The Chairman and other members (other than ex officio members or public officers) of the Board shall be paid such remuneration, by way of salaries and allowances, as the Governor may approve.
(2) The Board shall pay to the Executive Secretary such salaries and allowances as are payable to other Executive Secretaries in the Public Service of the State.
- Authentication of documents
(1) The common seal of the Board shall not be used or affixed to any document except in pursuance of a resolution of the Board duly recorded in the minutes of such meeting.
(2) The fixing of the common seal of the Board shall be authenticated by the signatures of the Chairman and the Executive Secretary or of such other member as are specifically authorised in that behalf by the Board.
(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 Board by any person generally or specifically authorised so to do, by the Board.
(4) Any document purporting to be a document duly executed under the common seal of the Board shall be received in evidence and shall unless the contrary is proved, be deemed to be so executed.
- Representation by Counsel
In any civil action or proceedings, the Board may at any time be represented in court by a State Counsel in the State Ministry of Justice.
- Directions by the Governor
The Governor may give to the Board directions of a general or specific nature with respect to the performance by the Board of any of its functions and the Board shall comply with such directions.
- Regulations
The Board may make regulations for the carrying into effect of the provisions of this Law and in particular but without prejudice to the generality of the foregoing provisions, the Board may make regulations with respect to—
(a) the appointment, promotion, transfer and dismissal of the staff of the Board and the exercise of disciplinary control over such staff; and
(b) the conditions of service of the staff of the Board.
- Interpretation
In this Law unless the context otherwise requires—
“Board” means Cross River State Scholarship Board established by section 1 of this Law;
“Chairman” means the Chairman of the Board;
“Executive Secretary” means the Executive Secretary of the Board;
“Governor” means Governor of the State;
“member” means a member of the Board including the Chairman or Executive Secretary;
“State” means Cross River State.
- Short title.
This Law may be cited as the Scholarship Board Law.
CHAPTER S2
SCHOLARSHIP BOARD LAW
SUBSIDIARY LEGISLATION
No Subsidiary Legislation
