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FEDERAL SCHOOL OF MEDICAL LABORATORY TECHNOLOGY (SCIENCE) JOS (ESTABLISHMENT) ACT, 2018
This Act established the Federal School of Medical Laboratory Technology (Science), Jos to provide for the courses leading to the award of diplomas and certificates in medical laboratory technology.
FEDERAL SCHOOL OF MEDICAL LABORATORY TECHNOLOGY (SCIENCE) JOS (ESTABLISHMENT) ACT, 2018.
ARRANGEMENT OF SECTION
PART I – ESTABLISHMENT, COMPOSITION AND GOVERNING COUNCIL OF THE FEDERAL SCHOOL OF MEDICAL LABORATORY TECHNOLOGY (SCIENCE) JOS
PART II – FUNCTIONS OF THE SCHOOL, AND GOVERNING COUNCIL
PART III – APPOINTMENT, QUALIFICATION, TENURE, DUTIES, ETC. OF PRINCIPAL OFFICERS AND OTHER STAFF OF THE SCHOOL
PART IV – MISCELLANEOUS AND GENERAL PROVISIONS
(i) a Fellow of the Medical Laboratory Science Council of Nigeria, and
(ii) appointed by the President of the Federal Republic of Nigeria;
(b) a representative each of the Federal Ministries of:
(i) Health, and
(c) a representative of the Association of Medical Laboratory Scientists of Nigeria;
(d) two persons, at least one of whom shall be a woman, selected on their personal merit, based on their contributions either to the development of medical laboratory science or their special interest in medical science education;
(e) the Provost of the School; and
(f) a representative of the Academic Board of the School.
(3) The supplementary provisions set out in the Schedule to this Act shall have effect with respect to the proceedings of the Council and other matters contained in the Schedule.
Tenure of office of members of Council
Resolution of appointment or removal from office
(2) The Minister may, in writing with the approval of the President, remove any member concerned should continue in office.
(3) The Minister may, in writing with the approval of the President, remove any member of the Council if he is satisfied that it is not in the interest of the School that the member concerned should continue in office.
PART II – FUNCTIONS OF THE SCHOOL AND GOVERNING COUNCIL
Functions of the School
(a) provide courses of instruction, training and research in:
(i) medical laboratory science, and
(ii) such other fields of applied learning relevant to the needs of the development of Nigeria in the areas of medical laboratory science courses, and for research in the development and adaption of techniques as the Council may determine;
(b) produce technical, professional and such other skilled personnel normally require for medical laboratory science;
(c) arrange conferences, seminars and study groups relevant to the fields of learning specified in paragraph (a); and
(d) perform such other functions as in the opinion of the Council may serve to promote the objectives of the School.
Functions of the Council
(a) shall be charged with the general control and management of the affairs of the School, in particular, the control of the property and finances; and
(b) may facilitate carrying out the activities of the School and promote its best interests.
(2) The Council may acquire and hold such movable or immovable property as may be necessary or expedient for carrying into effect the provisions of this Act and for the same purpose may sell, lease, mortgage or otherwise alienate any property so acquired.
(3) The Council may enter into contracts as may be necessary or expedient for carrying into effect the provisions of this Act.
Powers of the School
(a) award diplomas and certificates for courses provided by it under section 7 of this Act;
(b) invest its funds in a manner and to such extent as it may deem necessary or expedient;
(c) establish and maintain a liberty, comprising such books, journals, records, reports and other publications and information systems as may be required for the performance of the functions conferred on the School by this Act; and
(d) accept gifts of land, money or other property upon such terms and conditions, as may be specified by the person or organisation making the gift, but the School shall not accept any gift if the terms and conditions attached are inconsistent with its functions under this Act.
Directions by the Minister
PART III – APPOINTMENT, QUALIFICATION, TENURE, DUTIES, ETC. OF PRINCIPAL OFFICERS AND OTHER STAFF OF THE SCHOOL
Appointment of Provost of the School
(a) a Fellow of Medical Laboratory Science Council of Nigeria;
(b) appointed by the Council from a list supplied to it by the Academic Board, of three persons of high academic standing, proven administrative ability and good character; and
(c) appointed on such terms and conditions of service as stipulated in his letter of appointment.
(2) The Provost shall be the Chief Accounting and Administrative Officer of the School.
Qualification for the post of Provost
(a) a Post-Graduate Degree in medical laboratory science with evidence of populations in the relevant fields;
(b) appropriate professional qualifications in medical laboratory science and be registered with the Medical Laboratory Science Council of Nigeria; and
(c) at least 10 years cognate experience in the field of medical laboratory science.
Duties of the Provost
(a) day-to-day administration of the School;
(b) exercise of general authority over the staff of the School; and
(c) discipline of the students in the School.
Tenure of office of the Provost
Terms and conditions of office of the Provost
Vacancy of office of Provost
(a) advertise the vacancy in a reputable journal and widely read newspaper in Nigeria specifying:
(i) the qualities of a person who may apply for the post, and
(ii) the terms and conditions of service applicable to the post, and thereafter, draw up a short list of suitable candidates for considerations;
(b) set up a Joint Committee of the Council and the Academic Board consisting of:
(i) the Chairman of the Council, and
(ii) two members of the Council not being member of the Academic Board and not below the rank of Chief Lecture, to consider the candidates on the short list drawn up under paragraph (a) through an examination of their curriculum vitae and interaction with them and recommend the qualified candidates to the Council for its consideration.
Registrar of the School
(a) be responsible to the Provost for the day-to-day administration of the School; and
(b) perform such other duties as the Council or the Provost may require him to do.
(2) The Registrar shall be the Secretary to the Council, the Academic Board and any Committee of the Council and shall attend all the meetings of those bodies unless excused for good cause or reason by the Chairman of the Council.
(3) Where the Registrar is absent for a meeting of the Council, the Chairman of the Council may, after consultation with the Provost, appoint a suitable person to act as secretary for any particular meeting of the Council.
(4) The Secretary to the Council or a person appointed to act under subsection (3) shall not be entitled to vote on any question before the Council, or be counted towards a quorum unless such a person is so entitled as a member of the Council.
Tenure of office of the Registrar
(a) shall hold office for a term of four years effective from the date of his appointment and on such terms and conditions as may be specified in the letter of his appointment; and
(b) may be re-appointed for another term of four years and no more.
(2) if, on the commencement of this Act, the Registrar had held office:
(a) for four years or less, he shall be deemed to be serving his first term of office and may be re-appointed for another term of four years;
(b) for more than four years but less than eight years, he shall complete the maximum period of eight years and thereafter relinquish his post and be assigned other duties in the School; and
(c) for eight years or more, the Council may allow him to serve as Registrar for a further period of one year only and thereafter he shall relinquish his post and be assigned other duties in the School.
Appointment of the Deputy Provost
(a) Deputy Provost I – Administration; and
(b) Deputy Provost II – Academics.
(2) Each Deputy Provost shall be a person of high academic and moral standing and manifest administrative experience, and shall be appointed by the Council on the recommendation of the Provost.
(3) The Council shall appoint the Deputy Provosts from among the Chief Lecturers in the School:
(a) from a list of three candidates, in order of preference, submitted by the Provost; or
(b) on the recommendation of the Selection Board constituted for the School.
(4) The Selection Board referred to in subsection (3) (b) shall consist of:
(a) the Chairman of the Council;
(b) the Provost;
(c) two members of the Council not being members of the Academic Board; and
(d) two members of the Academic Board, which may make inquiries as it deems fit before making the recommendation required under subsection (3) (b).
(5) The Deputy Provosts shall:
(a) assist the Provost in the performance of his functions;
(b) act (in the case of the Deputy Provost 1) in the place of the Provost when the office of the Provost is vacant or if the Provost is, for any reason, absent or unable to perform his functions as Provost; and
(c) perform such other functions as the Provost or the Council may assign to them.
(6) The Deputy Provost:
(a) shall hold office for a term of four years effective from the date of his appointment and on such terms and conditions as may be specified in his letter of appointment;
(b) may be re-appointed for a term of four years and no more.
Other Principal Officers of the School
(a) the Bursar,
(b) the School Librarian;
(c) the Director of Works; and
(d) the Director of Medical and Health Services,
who shall be appointed by Council on the recommendation of the Selection Board constituted under section 19 (3) (b) of this Act.
(2) The Bursar shall be the Chief Financial Officer of the School and shall be responsible to the Provost for the day-to-day administration and control of the financial affairs of the School.
(3) The School Librarian shall be responsible to the Provost for the administration of the School Library and the co-ordination of the library services in the teaching units of the School.
(4) The Director of Works shall be responsible to the Provost for the maintenance of the School buildings, minor works, transport and supervision of the School’s construction projects.
(5) The Director Medical and Health Services shall be responsible to the Provost for the supervision of the medical and health services and facilities of the School.
(6) The Principal Officers mentioned in subsection (1):
(a) shall hold office for a term of four years in the first instance and on such terms and conditions as may be specified in their letters of appointment; and
(b) may be re-appointed for another term of four years and no more.
(7) Any question as to the scope of the responsibilities of the Principal Officers shall be determined by the Provost.
(8) If on the commencement of this Act, the Bursar, Librarian, Director of works or Director of Medical and Health Services had held office for:
(a) four years or less, he shall be deemed to be serving his first term of office and may be re-appointed for another term of four years;
(b) more than four years but less than eight years, he shall complete the maximum period of eight years and thereafter relinquish his post and be assigned other duties in the School;
(c) eight years or more, he shall relinquish his and be assigned to other duties in the School.
Resignation of appointment by Principal Offices
(a) in the case of the Provost, by notice in writing to the Council and the Council shall forward it to the President; and
(b) in any other case, by notice in writing to the Provost who shall forward it to the Council.
Appointment of other employees of the School
(2) The power to appoint all other staff of the School apart from the Provost and the Principal Officers shall be exercised:
(a) in the case of a senior staff, by the Council on the recommendation of the Senior Staff Appointments and Promotions Committee set under paragraph 2 (2) (a) of the Schedule to this Act; and
(b) in the case of a junior staff, by the Provost on the recommendation of the Junior Staff Appointments and Promotion Committee set up under paragraph 2 (2) (b) of the Schedule to this Act.
(3) The remuneration of staff of the School shall be determined by the Council with the approval of the Minister.
Staff regulations and conditions of service
(a) the appointment, promotion and discipline of staff of the School;
(b) appeals by staff against dismissal o other disciplinary measures, and until such regulations are made, any instrument relating to the conditions of service of public officers in the university system shall be applicable, with such modifications as may be necessary, to staff of the School; and
(c) the rate of remuneration, scales of salary, contract conditions, super-annuations, arrangements and other conditions of service of members of the academic, administrative and technical staff as are determined by the Council.
(2) The Provost and other academic staff shall retire on attainment of 65 years age, while non-academic staff shall retire on attainment of 60 years of age as applicable to other training or research institution.
(3) Staff regulations made under subsection (1) shall not have effect until approved by the Minister and when so approved, the regulations need not be published in the Federal Government Gazette but the Council shall cease them to be brought to the notice of all affected persons in such manner as it may determine.
Establishment of Academic Board
(a) the Provost as the Chairman;
(b) the Deputy Provosts;
(c) all Heads of Departments;
(d) the Librarian; and
(e) not more than two members of the academic staff other than Heads of Departments who may be appointed by the Academic Board.
(2) The Academic Board shall be responsible for:
(a) the direction and management of academic matters of the School including the regulation of admission of students, the award of certificates in medical laboratory technology (Science), based on agreed quota by the National Universities Commission (NUC) and Medical Laboratory Science of Nigeria (MLSCN), scholarships, prizes and other academic distinctions;
(b) presenting to the Council periodic reports on such academic matters as the Academic Board may deem fit or as the Council may direct; and
(c) the performance of any other functions which the Council may delegate to it.
Removal of the Provost from office
(b) conviction from a court of competent jurisdiction (or panel of inquiry if not challenged in court); or
(c) inability to perform the functions of his office,
The Council shall make a recommendation to that effect to the President and if the President, after making inquiries as he considers necessary, approves the recommendation, the President shall, in writing, declare the office of the Provost vacant.
Removal of staff of the School from office
(a) give notice of those reasons to the person in question;
(b) afford him an opportunity to make representations in person on the matter to the Council; and
(c) If he or any three members of the Council so request within the period of one month beginning with the date of the notice, make arrangements:
(i) if he is an academic staff, for a joint committee of the Council and the Academic Board to investigate the matter and report to the Council,
(ii) for a committee of the Council to investigate the matter where it relates to any other member of staff of the School and report to the Council, and
(iii) for the person in question to be afforded an opportunity of appearing and making presentations before the Investigating Committee set up for that purpose with respect to the matter,
and if the Council, after considering the report of the Investigating Committee, is satisfied that the person in question should be removed from office, the Council may remove him by an instrument in writing signed on the directions of the Council.
(2) The Provost may, in the case of misconduct by a member of staff which, in the opinion of the Provost, is prejudicial to the interests of the School suspend the member of staff and the suspension shall be reported to the Council.
(3) A member of staff may be suspended from good cause, or his appointment may be terminated by the Council, and for the purpose of this subsection, “good cause” means:
(a) any physical or mental incapacity which the Council, after obtaining advice from panel of two medical experts constituted by the Council, considers to be such as to render the person concerned unfit for the performance of the functions of his office;
(b) any physical or mental incapacity which the Council, after obtaining medical advice from a panel of two medical experts constituted by the Council, considers to be such as to render the person concerned unfit to continue to hold his office;
(c) conduct of a scandalous or disgraceful nature which the Council considers to be such as to render the person concerned unfit to continue to hold his office; or
(d) conduct which the Council considers to be such as to constitute failure or inability of the person concerned to discharge the functions of his office or to comply with the terms and conditions of service.
(4) Any person suspended under subsection (2) or (3), shall be placed on half pay and the Council shall, before the expiration of three months after the date of the suspension, consider the case against that person and come to a decision as to whether to:
(a) continue the person’s suspension and so on what terms (including the proportion of the emoluments to be paid to him);
(b) reinstate the person, in which case the Council shall restore his full emoluments to him with effect from the date of suspension;
(c) terminate the appointment of the person in question, in which case the person, shall not be entitled to the proportion of his emoluments withheld during the period of suspension; and
(d) take lesser disciplinary action against the person (including the restoration of such proportion of his emoluments that might have been withheld), and in any case where the Council, under this section, decides to continue a person’s suspension or decides to take further disciplinary action against a person, the Council shall, before the expiration of a period of three months from such decision, come to final determination in respect of the case concerning any such person.
(5) The person by whom an instrument of removal is signed under subsection (1) shall use his best endeavors to cause a copy of the instrument to be served as soon as reasonably practicable on the person to whom it relates.
(6) Nothing in this section shall prevent the Council from making such regulations for the discipline of other categories of staff and workers of the school as it may deem fit.
PART IV – MISCELLANEOUS AND GENERAL PROVISIONS
Discipline of students
27.(1) The Council may make rules providing for the Provost to conduct requires into alleged acts of misconduct (including lack of discipline) by students and such rules may make different provisions for different circumstances.
(2) The rules shall provide for the procedure and rules of evidence to be followed at enquiries under this section.
(3) Subject to the provisions of this section, where it appears to the Provost that any student of the School is guilty of misconduct, the Provost may, without prejudice to any other disciplinary powers conferred on him by this Act or regulations made under this Act, direct that:
(a) the student shall not, during the period specified in the direct, participate in the activities of the School or make use of the facilities of the School as he may specify;
(b) the activities of the students shall during the period may be specified in the direction, be restricted in the manner specified;
(c) the student be suspended for such period as may be specified in the direction; or
(d) the student be expelled from the School.
(4) Where the post of the Provost is vacant or where the Provost refuses to apply any disciplinary measures, the Council may either directly or through some other staff apply such disciplinary actions as are specified in subsection (1) to any student of the School who is considered guilty of misconduct.
(5) Where a direction is given under subsection (3) (c) or (d) in respect of any student, the student may, within a period of twenty one days from the date of the letter communicating the decision to him appeal the direction to the Council, and where such an appeal is brought, the Council shall, after causing an inquiry to be made in the matter as the Council considers just, either confirm or set aside the direction or modify it in the manner the Council may deem fit.
(6) The fact that an appeal from a direction is pending under subsection (5) shall not affect the operation f the direction while the appeal is pending
(7) The Provost may delegate his powers under this section to a disciplinary committee of such members of the School as he may nominate.
(8) Nothing in this section shall be construed as terminating a student’s activity in the School except on the grounds of misconduct.
(9) The direction under subsection (3) (a) may be combined with a direction under subsection (3) (b).
(10) In all cases under this section, the decision of the Governing Council shall be final.
(2) At the end of each financial year but not later than 30th June, the Council shall cause to be prepared a statement of its income and expenditure during the previous financial year.
(3) The statement referred to in subsection (2) shall, when certified by the Provost, be audited by a firm of auditors appointed by the Council from a list of four firms in accordance with the guidelines supplied by the Auditor-General for the Federation and shall be published in the annual report of the School.
Establishment of Fund for the School
(2) There shall be paid into the Fund:
(a) such sums as may be granted to the School by the Federal Government of Nigeria;
(b) fees charged and payable to the School by the students;
(c) any other amount charged or dues recoverable by the School;
(d) revenue accruing to the School by way of subvention, grants-in-aid, endowment or otherwise;
(e) interest on investments; and
(f) donations and legacies accruing to the School from any source, for the general or special purpose of the School.
(2) The Council is not obliged to accept a donation of land, money and other property for a particular purpose if the terms and conditions are contrary to the functions of the School.
Payment into bank
Power to make bye-laws
(2) All bye-laws shall come into force when sealed with the seal of the Council unless some other date for their commencement is prescribed.
(3) Nothing in subsection (2) shall make it obligatory for the Council to publish any of the bye-laws in the Federal Government Gazette but the Council shall bring such bye-laws to the notice of all affected persons.
Exclusion or discrimination on account of race religion
(a) required to satisfy requirements as to race (including ethnic grouping), sex, place of birth, family origin, religious or political persuasion as a condition for:
(i) becoming or continuing to be a student at the School,
(ii) being a holder of any certificate of the School or any appointment or employment at the School, or
(iii) being a member of any body established under this Act, and
(b) subjected to any disadvantage or accorded any advantage in relation to the School by reference to any of the matters mentioned in this subsection.
(2) Nothing in this section shall be construed as preventing the School from imposing any disability or restriction on any person where such person willfully refuses or fails on grounds or religious belief to undertake any duty generally and uniformly imposed on all person or any group of them which duty, having regard to its nature and the special circumstance pertaining to it, is in the opinion of the School, reasonably justifiable in the national interest.
(2) Upon the commencement of this Act:
(a) all right, interests, obligations and liabilities of the School existing immediately before the commencement of this Act under any contract or instrument; or at law or in equity, apart from any contract or instrument, shall, by virtue of this Act, be assigned to and vested in the School;
(b) any contract or instrument as is mentioned in subparagraph (a) shall be of the force and effect against or in favour of the School and shall be enforced fully and effectively as if the School had been named therein or had been a party thereto; and
(c) the School shall be subject to all the obligations and liabilities to which the School was subject to immediately before the commencement of this Act and all other persons shall, as from the commencement of this Act, have the same rights, powers and remedies against the School as they had against the School immediately before the commencement of this Act.
(3) If immediately before the commencement of this Act, a person was a member or a staff of the School, that person shall, be virtue of this Act, between a member or an employee of the School.
(4) Any proceeding or cause of action pending or existing before the commencement of this Act by or against the School may be commenced, continued o enforced by or against the School as it might have been against the School if this Act had not been made.
“Academic Board” means the board established under section24;
“Junior Staff Appointments and Promotions Committee” means a body by the name mentioned under paragraph 2 (2) (b) of the Schedule to this Act;
“Minister” means the Minister charged with responsibility for matters relating Health;
“Registrar” means the Registrar of the School appointed under section 17 (1); and
“Senior Staff Appointments and promotions Committee” means a body that name mentioned under paragraph 2 (2) (a) of the Schedule to this Act.
Sections 3 (3), 22 (2) (a) and (b) and 33 (1)
SUPPLEMENTARY PROVISIONS RELATING TO THE COUNCIL
(2) Without prejudice to the generality of subparagraph (1) of this paragraph, the Council shall set up the following committees:
(a) the Senior Appointments and Promotions Committee which shall:
(i) consist of a chairman and four members who shall be appointed by the Council, and four other members who shall be appointed by the Provost from members of the senior staff of the School,
(ii) be charged with the responsibility of making recommendations to the Council on the appointment and promotion of the academic and senior staff of the School,
(iii) have a quorum of five members, and
(iv) be chaired by the Chairman but if the Chairman of the Committee is absent from any meeting of the Committee, the members present shall elect one of them to act as Chairman for that particular meeting;
(b) the junior Staff Appointments and Promotions Committee which shall consist of a chairman and four other members to be appointed by the Provost and shall have the powers set out in section 22 (2) (b) of this Act.
(c) the Committee on Students’ Affairs which shall consist of:
(i) a chairman who shall be appointed by the Provost from among the senior staff of the School,
(ii) one member of the Council,
(iii) two members of the academic staff of the School, and
(iv) four students of the School.
(3) The Committee on Students’ Affairs shall be charged with the duty of considering any:
(a) matter which relates to the welfare of students,
(b) other matter referred to it by either the Council or students of the School, and
(c) matter that the students refer to the Council which shall be referred to the Committee on Students’ Affairs in the first instance.
(4) No decision of a committee shall have effect unless it is confirmed by the Council.
Proceedings of the Council
(2) The Chairman of the Council may at any time and shall at the request in writing of not less than five members of the Council, summon a meeting of the Council.
(3) Particulars of the business to be transacted by the Council shall be calculated to members with the notice of the meeting at least two weeks before the date of the date of the meeting.
(2) Every question put before the Council at a meeting shall be decided by a simple majority of the members present and voting.
(3) Seven members shall form a quorum at any meeting of the Council.
(4) The Chairman shall, at any meeting of the Council, have a vote and in the case of an equality of votes, may cast a deciding vote.
8.(1) The Common Seal of the Council shall not be used or affixed to any document except in pursuance of a resolution duly passed at a properly constituted meeting of the Council and recorded in the minutes of such meeting.
(2) The affixing of the seal of the Council shall be authenticated by the signature of the Chairman of the Council of the Council or another member authorised generally or specifically by the Council to act for that purpose.
(3) Any document purporting to be a document duly executed under the seal of the Council shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.