CROSS RIVER – SECONDARY EDUCATION BOARD LAW
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LAWS OF CROSS RIVER STATE
SECONDARY EDUCATION BOARD LAW
ARRANGEMENT OF SECTIONS
PART I
CHAPTER S4
Establishment of Board
SECTION
- Establishment of Board.
- Members of Board.
- Term of office.
- Vacation of office.
- Functions of Board.
- Secretary.
- Remuneration.
- Meetings of the Board; procedure and quorum thereat.
- Board of Governors.
- Function of Board of Governors.
- Revenue of the Board.
- School account.
- Subventions regulations.
- Power of the Commissioner to make regulations.
PART II
Zonal School’s Management Committee
- Establishment and composition of the Zonal School’s Management Committee.
- Functions of Management Committee.
- Inspections of schools and institutions.
- Offences.
- Regulations.
- Control of the Board.
- Staff of Board.
- Validation of acts of Board.
- Continuance in force of former subsidiary instrument.
- Remuneration of Chairman and members.
- Authentication of documents.
- Directions by Governor.
- Regulations.
- Repeals.
SECTION
- Repeal of 1989 No. 3.
- Savings and transfer of liabilities, staff, etc.
- Interpretation.
- Short title.
SCHEDULES
SCHEDULE 1
Meetings and Proceedings of the Board
SCHEDULE 2
Provisions Relating to Boarding Fees and the Feeding of Boarders
CHAPTER S4
SECONDARY EDUCATION BOARD LAW
A Law to make provisions for the establishment of the Secondary Education Board and for matters connected therewith.
(1st January, 1989)
[Commencement.]
PART I
Establishment of Board
- Establishment of Board
(1) For the purpose of managing State-owned secondary schools, there is hereby established a Board to be known as the Secondary Education Board.
(2) The Board shall be a body corporate with perpetual succession and a common seal and with power to sue and be sued in its corporate name and to own, hold and dispose of property whether movable or immovable.
- Members of Board
(1) The Board shall consist of—
(a) a full-time Chairman;
(b) three full-time members;
(c) anex officio member representing the Ministry.
(2) Members of the Board under paragraphs (a) and (b) of subsection (1) shall be experienced and professionally qualified educationists who shall be appointed by the Governor.
- Term of office
A person appointed as a member shall hold office for a term of three years only.
- Vacation of office
The office of a member shall become vacant if—
(a) by notice under his hand addressed to the Governor,he resigns his office; or
(b) he is removed by the Governor for misconduct or any other cause.
- Functions of Board
The Board shall perform the following functions in relation to secondary schools—
(a) the management of public secondary schools as mentioned in section 1;
(b) recruitment, appointment, promotion and discipline of teaching and non-teaching staff;
(c) the posting, transfer and deployment of teachers within the State, including interzonal transfers;
(d) the disbursement of funds by way of subvention from the government to meet the recurrent expenditure of the schools;
(e) the collection of tuition fees and other approved fees payable by pupils and students;
(f) retirement of teaching and non-teaching staff;
(g) the payment of teachers’ salaries, their fringes benefits, pensions and gratuities;
(h) the granting of responsibility allowances to principals and vice-principal;
(i) advising the Commissioner on the opening of new schools and the rationalisation of the school system including the closure and merging of unviable schools;
(j) responsibility for the approval and training of teaching and non-teaching staff;
(k) advising the Commissioner on the appointment of members of the Board of Governors of secondary schools;
(l) the provision of maintenance services and the execution of capital projects in schools within the limits authorised by the State Tenders Rules and Regulations;
(m) advising the Commissioner on major capital development needs and project requirements in schools.
- Secretary
(1) There shall be appointed a Secretary to the Board who shall be responsible for—
(a) the day-to-day management of the affairs of the Board;
(b) the discipline of its staff;
(c) the custody of the seal of the Board;
(d) carrying out such other duties as the Board or Chairman may from time to time direct.
- Remuneration
A member of the Board, except a member by virtue of an office held by him, shall be paid such salary and allowances as may be decided by the Governor.
- Meetings of the Board; procedure and quorum thereat
(1) The Board shall meet as often as it shall be necessary for the purpose of transacting its business.
(2) The procedure at Board meetings and the proceedings of the Board shall be in accordance with Schedule 1 hereto.
(3) The quorum at any meeting of the Board shall be three members.
- Board of Governors
The Commissioner shall, subject to the recommendation of the Board and the prior approval of the Governor, appoint a Board of Governors for secondary schools.
- Function of Board of Governors
Where a Board of Governors is appointed pursuant to section 9, its functions shall be—
(a) to prepare and present to the Board for the Board’s consideration and action the budget of the relevant secondary school;
(b) to recommend to the Board when necessary such educational development for the relevant school or college as the Board of Governors considers advisable;
(c) to ensure the collection by the principal of every school of all kinds of fees accruing to the secondary school and the payment by the principal of all such fees (other than boarding fees) to the Board;
(d) to ensure that proper accounts are kept in respect of income and authorised expenditure of every secondary school;
(e) to award such contracts as may be authorised by the Board within the limits prescribed by the Tenders Rules, and in the case of a contract relating to the feeding of boarders, in accordance with the provisions of Schedule 2 hereto.
- Revenue of the Board
(1) The revenue of the Board shall include—
(a) government subvention;
(b) tuition, registration and other fees;
(c) endowments, gifts, grants and donations;
(d) the funds of the Parents/Teachers Association of the schools;
(e) funds for capital development in schools from the Federal or State Government;
(f) monies accruing to a secondary school and from other sources.
(2) The boarding fees authorised by the Board to be retained by the principal may from time to time be disbursed by the principal for the purpose of the relevant or secondary school but every such disbursement shall be accounted for by the principal to the Board.
- School account
(1) The Board shall keep an account in respect of all secondary schools under its control.
(2) The accounts of the Board shall be audited from time to time by the Auditor-General of the State.
- Subventions regulations
Subject to the provisions of this Law, the Commissioner may, by regulations, grant subventions to the Board in respect of any school or institution or for any educational purpose.
- Power of the Commissioner to make regulations
The Commissioner may make regulations for carrying into effect any of the provisions of this Law and may, in particular, make regulations in respect of—
(a) the procedure of the Board;
(b) the inspection of accounts of the Board;
(c) the finances of the Board; and
(d) subvention to relevant secondary schools.
PART II
Zonal School’s Management Committee
- Establishment and composition of the Zonal School’s Management Committee
(1) There is hereby established for each zone to be determined by the Commissioner a body to be known as the Zonal School’s Management Committee (in this Law referred to as the “Management Committee”).
(2) The Management Committee shall comprise—
(a) the Zonal Supervisor of Schools, who shall be the Chairman;
(b) the Assistant Zonal Supervisors (Secondary) and (Technical);
(c) Area Inspector of Education in charge of constituent local government areas in the zone;
(d) a competent officer in the civil service not below the rank of the Principal Executive Officer, who shall serve as the Secretary.
- Functions of Management Committee
The Management Committee shall—
(a) maintain a free and effective flow of information between the Board and the schools in the zone;
(b) ensure prompt rendering of monthly or periodic school statistical returns to the Board such as the nominal roll, staff disposition and zonal analysis of the distribution of teachers to ensure a wider spread, including the seniority list of teachers in the zone;
(c) help to solve school problems presented by each principal as such problems affect the staff, students and the community;
(d) help to diffuse tension among staff and students in schools including the maintenance of discipline;
(e) cause the annual evaluation report from teachers and non-teaching staff below grade level 15, except principals, to be countersigned;
(f) approve authorised allowances to the teaching and non-teaching staff and ensure the existence of the Board of Governors in schools in the zone;
(g) post non-teaching staff within the zone and attend to complaints and enquiries from the public;
(h) submit the annual financial and administrative report of the zones to the Board for assessment for future guidance; and
(i) investigate allegations of malpractices in schools in the zone and carry out such other duties as may be assigned to it by the Board.
- Inspections of schools and institutions
(1) The manager or person for the time being in charge of a school or institution shall allow the Commissioner or any inspector or other person authorised by him to enter and inspect the school or institution at any reasonable time, and shall produce for his inspection any books or records kept in connection with the secondary school and shall furnish any information or particulars which the Commissioner, inspector or such other person may demand with regard to the care and tuition of the pupils, the names and qualifications of the staff and generally with regard to the management of the secondary school.
(2) Without prejudice to the provision of subsection (1) of this section the Board may, from time to time, carry out or authorise the inspection of any school or institution and the manager or other person for the time being in charge of the secondary school or institution shall afford any such person the facilities for carrying out the inspection.
- Offences
Any manager or any person for the time being in charge of a secondary school or institution who contravenes or otherwise fails to comply with any of the provisions of section 14, or who gives any information demanded of him under that section which he knows to be false, shall be guilty of an offence and liable on summary conviction to a fine of two hundred naira, without prejudice to any other proceedings which may be taken against him under this Law.
- Regulations
The Commissioner may make regulations for—
(a) the conduct of the inspection of secondary schools;
(b) the making of reports of inspections and the notification of the contents or any part of the contents of a report to any person affected;
(c) the manner in which any person affected by a report may notify the authority to whom it is made that he disputes any fact or opinion contained in the report.
- Control of the Board
The Board shall be under the supervision of the Commissioner.
- Staff of Board
(1) The staff of the Board and the non-teaching staff in schools shall be persons drawn from the public service of the State.
(2) The Secretary to the Board shall have power to appoint certain categories of its own staff and of the non-teaching staff in secondary schools by virtue of any powers delegated to him by the Civil Service Commission.
(3) Notwithstanding anything to the contrary in this Law, the Teachers’ Council shall remain the final arbiter in matters affecting discipline and removal of teachers’ names from the register of teachers.
- Validation of acts of Board For the avoidance of doubt, any act or omission done or made by the Board prior to the making of this Law, pursuant to or in purported exercise of any powers conferred on it by law or otherwise in respect of any school or staff thereof shall be deemed to have been a valid act or omission, and the Board shall not be liable in law for such act or omission.
- Continuance in force of former subsidiary instrument
Where no other provision has been made, any subsidiary instrument made or having effect as if made under the provisions of the law in force before the making of this Law shall, in accordance with section 20 of the Interpretation Law, continue in force as though made under the provisions of this Law until revoked or replaced by any other subsidiary instrument made under the provisions of this Law.
- Remuneration of Chairman and members
The Chairman and other members shall be paid such remuneration as the Governor may approve.
- 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 Secretary or the signatures of any member generally or 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 in that behalf 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.
- Directions by 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 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.
- Repeals
Sections 22 to 36, 48 and 49 of the Education Law are hereby repealed.
- Repeal of 1989 No. 3
The Post-Primary Schools Management Board Law 1989 is hereby repealed.
- Savings and transfer of liabilities, staff, etc.
(1) The statutory functions, rights, interest, obligations and liabilities of the former Board existing before the commencement of this Law under any contract or instrument, shall by virtue of this Law be deemed to have been assigned to and vested in the Board established by this Law.
(2) Any such contract or instrument as is mentioned in subsection (1) of this section shall be of the same force and effect against or in favour of the Board established by this Law and shall be enforceable as fully and effectively as if instead of that former Board, the Board established by this Law had been named therein or had been a party thereto.
(3) The Board established by this Law shall be subject to all the obligations and liabilities to which the former Board was subject immediately before this Law and all other persons shall have the same rights, powers and remedies against the Board established by this Law as they had against the former Board immediately before the commencement of this Law.
(4) Any proceedings or cause of action pending or existing immediately before the commencement of this Law, by or against the former Board, in respect of any right, interest, obligation or liability of the former Board may be continued or as the case may be, commenced and any determination of a court of law, tribunal or other authority or person may be enforced by or against the Board established by this Law to the same extent that such proceedings, cause of action or determination might have been continued, commenced or enforced by or against the Board before its establishment by this Law.
(5) All assets, funds, resources and other movable or immovable property which immediately before the commencement of this Law were vested in the former Board established under the repealed Law, shall by virtue of this Law and without further assurance, be vested in the Board established by this Law.
(6) Any person who immediately before the coming into force of this Law was the holder of any office in the former Board existing before the commencement of this Law shall, on the commencement of this Law, continue in office and be deemed to have been appointed to his office by the Board established by this Law unless the authority by which the person was appointed terminates the appointment.
- Interpretation
In this Law unless the context otherwise requires—
“Board” means the Secondary Education Board established by section 1 of this Law;
“Commissioner” means the State Commissioner charged with responsibility for Education;
“function” includes powers and duties;
“Governor” means Governor of the State;
“institution” means an assembly of not less than ten persons assembled for the purpose of receiving regular instruction in a form of education of whatever kind;
“manager” means the person in charge of an institution;
“Ministry” means the Ministry charged with responsibility for education;
“private institution” means an institution which is not a public institution and is not maintained out of funds provided by Government or a local government council, and not wholly or party controlled and administered by the Board or an Education Committee and includes nursery schools, international schools, seminaries, nunneries, Bible colleges and vocational schools as defined in Schedule 1 to the Education Law;
“secondary school” means junior and senior secondary, vocational training centre and teacher training college;
“State” means Cross River State of Nigeria.
- Short title
This Law may be cited as the Secondary Education Board Law.
SCHEDULES
SCHEDULE 1
[Section 8 (2).]
Meetings and Proceedings of the Board
- Number of meetings
(1) The Board shall meet as often as is necessary for the transaction of its business.
(2) The annual meeting shall be held in the month of November of every year, upon such dates as the Chairman may fix for the consideration of estimates for the ensuing year.
(3) Any other meetings shall be held on such other days before the annual meeting next following as the Board may at the annual meeting decided or determine by standing orders.
- Convening of meetings
The Chairman of the Board may call a meeting of the Board after a written requisition for that purpose signed by one half of the members has been presented to him. If the Chairman refuses or, if without so refusing, the Chairman does not call a meeting within ten days after such requisition has been presented to him, the persons presenting the requisition, on that refusal or on the expiration of ten days as the case may be, may forthwith call a meeting of the Board.
- Notice of meetings
(1) Notice of any meeting of the Board shall state the time and place of a meeting, and the business proposed to be transacted thereat, and the same shall be sent to members of he Board at least ten clear days before the meeting is held.
(2) The Chairman of the Board may call an emergency meeting upon giving notice to members of the Board.
(3) Every notice shall be signed by the Secretary except where the meeting is called by members in accordance with paragraph 2 of this Schedule, when such notice shall be signed by a member on behalf of the Board.
(4) A notice to attend the meeting of the Board, specifying the business proposed to be transacted thereat, shall be left at or sent by post to the usual place of residence of every member:
Provided that want of service of the notice on any member shall not affect the validity of a meeting.
(5) No business shall be transacted at a meeting of the Board other than that specified in the notice relating thereto.
- Chairman of meeting
(1) At a meeting of the Board the Chairman of the Board, if present, shall preside.
(2) If the Chairman is absent from a meeting of the Board, such member as the members of such Board present shall choose, shall preside.
- Quorum
No business shall be transacted at a meeting of the Board unless at least one half of the whole number of the members of the Board are present thereat.
- Decision on question
(1) All acts of the Board and all questions coming or arising before the Board shall be done and decided by a majority of the members present and voting thereon at a meeting of the Board.
(2) In the case of an equality of votes the person presiding at the meeting shall have a second or casting vote.
- Breaches of order at meeting of Board
(1) At any meeting of the Board or a committee thereof if a member shows disregard for the authority of the Chairman or abuses the standing rules or orders of the Board or committee persistently and wilfully obstructing the business of the Board or otherwise, the person presiding at the meeting shall direct the attention of the meeting to the incident mentioning by name the person concerned, and may, by writing under his hand suspend such person from the exercise of his function as a member at that sitting.
(2) In the case of grave disorder arising in any meeting of the Board or of a committee thereof the person presiding may, if he thinks it necessary to do so, adjourn the meeting without questions put, or suspend any meeting for a time to be specified by him.
- Number of members to be recorded
The names of the members of the Board or members of a committee thereof present at a meeting of the Board or of a committee thereof shall be recorded.
- Minutes
(1) Minutes of the proceedings of a meeting of the Board or of a committee thereof shall be regularly entered in books kept for that purpose and shall be read, confirmed and signed by the person presiding at the same or next ensuing meeting of the Board or committee, as the case may be, and any minute purporting to be so signed shall be received in evidence without further proof.
(2) Until the contrary be proved a meeting of the Board or of a committee thereof in respect of proceedings whereof a minute has been so made and signed shall be deemed to have been duly convened and held, and all the members present at the meeting shall be deemed to have qualified and where the proceedings are proceedings of a committee the committee shall be deemed to have been duly constituted and to have had power to deal with the matter referred to in the minutes.
- Minutes open to inspection by the Commissioner
The minutes of the proceedings of the Board shall at all reasonable times be open to inspection by the Commissioner.
SCHEDULE 2
[Section 10 (e)]
Provisions Relating to Boarding Fees and the Feeding of Boarders
- The Principal shall collect boarding fees along with tuition fees and shall pay the latter to the Board.
- The power of appointing food contractors to supply foodstuff and materials connected with or incidental to the feeding of boarders shall be exercised by the Board of Governors.
- Every food contractor shall comply with regulations made by the Commissioner in that behalf and no contractor shall be entitled to payment by the Board for goods delivered until he produces a certificate signed by the principal and the Chairman of the food committee of the school or teacher Training College concerned, that such deliveries are in accordance both as to the quantity and quality, with the order made therefor.
CHAPTER S4
SECONDARY EDUCATION BOARD LAW
SUBSIDIARY LEGISLATION
No Subsidiary Legislation
