NASARAWA STATE POLYTECHNIC LAW 2001

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LAWS OF NASARAWA STATE OF NIGERIA

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NASARAWA STATE POLYTECHNIC LAW 2001

EXPLANTORY MEMORANDUM

A LAW FOR THE ESTABLISHMENT OF NASARAWA STATE POLYTECHNIC, LAFIA

ARRANGEMENT OF SECTIONS

Citation and commencement
Establishment of Polytechnic
Functions of the Polytechnic
Establishment and membership of the Governing Council
Powers of the Council
Governor’s power to give directions to the Council
Appointment of the Rector and other staff
Tenure of office and remuneration of Rector
Tenure of office of members
Filling of vacancy in membership and validation of proceedings
Establishment of the Academic Board
Removal and suspension of senior staff
Right to entitlement despite sickness
Discipline of students
Discipline of Junior staff
Audit of account
Funds of the Polytechnic
Donations for particular purposes
Payments into Bank
Annual Report
Powers to make regulations
[Prohibited conditions for Admission]
Quorum and procedure of bodies established under this Law
Repeals
Interpretation

NASARAWA STATE POLYTECHNIC LAW 2001

THE LAW TO PROVIDE FOR THE ESTABLISHMENT OF A POLYTECHNIC IN NASARAWA STATE TO PROVIDE FULL-TIME COURSES IN TECHNOLOGY, APPLIED SCIENCE, MANAGEMENT AND OTHER FIELDS OF STUDY AND TO MAKE PROVISIONS FOR THE GENERAL ADMINISTRATION OF THE POLYTECHNIC.

Enactment

BE ENACTED by the Nasarawa State House of Assembly and by the authority of same as follows:

Citation and commencement

S.1 This Law may be cited as the Nasarawa State Polytechnic Law 2001 and shall be deemed to have come into force on the 15th August, 2000.

ESTABLISHMENT OF NASARAWA STATE POLYTECHNIC

Establishment of Polytechnic

S.2 There is hereby established the Nasarawa State Polytechnic Lafia which shall have such powers and exercise such functions as are specified in this Law.

Functions of the Polytechnic

S.3 The functions of the Polytechnic shall be:

(a) To provide full-time or part-time courses of instruction and training in:

(i) Technology, Applied Science, Commerce and Management.

(ii) Such other fields of applied learning relevant to the needs of the development of Nasarawa State in the areas of industrial and agricultural production and distribution and for research in the development and adoption of techniques as the Council may from time to time determine.

(b) To arrange conferences, seminars and study groups relevant to the field of learning specified in paragraph(a) of this Subsection. 2

(c) To perform such other functions as in the opinion of the Council may serve to promote the objectives of the Polytechnic.

(d) To provide ready access for Nasarawa State citizens to higher education.

Establishment and membership of the Governing Council

S.4 (1) There shall be established for the Polytechnic a Council to be known as the Governing Council which shall be a body corporate with perpetual succession and a common seal and may be sue and be sued in its corporate name.

(2) The Council shall consist of:

(a) The Chairman and five other members who shall be appointed by the Governor; and

(b) The Exp-officio members who shall comprise of a representative from:

(i) Nasarawa Chambers of Commerce and Industry, Mines and Agriculture.

(ii) Professional bodies whose disciplines are taught at the Polytechnic.

(iii) The State public utility statutory corporation.

(iv) The Rector of the Polytechnic.

(v) The Ministry of Commerce and Industries.

(vi) The Ministry of Justice.

(vii) The Academic Board of the Polytechnic.

(viii) The Ministry of Works and Transport.

(ix) The Ministry of Housing and Urban Development.

Powers of the Council

S.5 (1) Subject to the provisions of this Law, the Council shall be the governing body of the Polytechnic and shall have the general management of the affairs of the Polytechnic, and in particular, the control of the property and finances of the Polytechnic; and shall also have power to do anything to facilitate the carrying out of the objectives of the Polytechnic and promote its best interests. 3

(2) The Council shall have power to acquire and hold such moveable or immovable property as may be necessary or expedient for carrying into effect the provisions of this Law and with the approval of the Governor, may sell, lease, mortgage or otherwise alienate or dispose of any such property so acquired.

(3) The Council may enter into such contracts as may be necessary or expedient for carrying into effect the provisions of this Law.

Governor’s power to give directions to the Council

S.6 The Governor may give to the Council directions of a general character or relating generally to particular matter (but not to any individual person or case) with regard to the exercise by the Council of its functions and it shall be the duty of the Council to comply with the directions.

Appointment of the Rector and other staff

S.7 (1) There shall be a Rector of the Polytechnic who shall be appointed by the Governor on the recommendation of the Council who shall have at least a Masters in Science (M.Sc.) Education with 10years working experience and may be re-appointed for a further tenure.

(2) The Rector shall be the Chief Academic and Administrative Officer of the Polytechnic, and shall have general authority over the staff and be responsible for the maintenance of discipline in the Polytechnic.

(3) The Deputy Rector, Heads of Departments, the Registrar, Bursar and any other academic and senior administrative staff shall be appointed by the Council on the recommendation of a Committee to be known as the “Appointments and Promotions Committee” setup under the provisions of paragraph 1(2)(a) of the schedule to this Law.

(4) Notwithstanding the provisions of 7(3) above, the appointments of the Heads of Academic Department shall be by the Academic Board. 4

(5) The Chairman of the Council shall for the purposes only for appointing Deputy Rector, Heads of Departments, Registrar and Bursar of the Polytechnic, be the Chairman of the Appointments and Promotions Committee other than which he ceases to be a member.

(6) The Council shall be responsible for the appointment, promotions, transfer, confirmation of appointment, dismissal, termination and exercise of any disciplinary control over the senior staff of the Polytechnic other than those mentioned in Subsection (3) of this Section.

(7) The power to appoint, promote, transfer, confirm, terminate, dismiss or exercise other disciplinary measure over junior staff of the Polytechnic shall be exercised by the Rector acting on the recommendations of the Junior Staff Appointment And Promotion Committee.

(8) The Registrar shall be a 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 by the Chairman of the Council.

(9) Where the Registrar is absent, the Chairman of the Council may, after consultation with the Rector appoint any suitable person to act as Secretary for any particular meeting of the Council.

(10) The Secretary to the Council or a person so appointed to act under Subsection (9) of this Section, shall not vote on any question before the Council or count towards a quorum unless he is so entitled.

Tenure of office and remuneration of Rector

S.8 (1) The tenure of office of the Rector shall be four years and remuneration attached thereto shall be determined by the State Executive Council. 5

(2) The remuneration of all other staff of the Polytechnic be a based on Higher Academic Tertiary Institutions Salary Commission (HATISS).

Tenure of office of members

S.9 (1) A member of the Council other than ex-officio member shall hold office for a period of three years from the date of his appointment and shall be eligible for reappointment for a further term of three years and thereafter shall not be eligible for reappointment.

(2) Members of the Council as in (1) above shall be paid remuneration or allowances in accordance with the Higher Academic Tertiary Institutions Salary Commission.

(3) Any member of the Council other than Ex-officio member may by notice in writing to the Governor tender his resignation and upon receipt of same such resignation becomes effective.

Filling of vacancy in membership and validation of proceedings

S.10 (1) Any vacancy occurring in the membership of the Council, shall be filled by the appointment of a successor who shall represent the same interest as his predecessor for the remainder of the term of office of the predecessor.

(2) The Council may act notwithstanding any vacancy in its membership or the absence of any member or that a person not entitled to do so took part in its proceedings.

ACADEMIC BOARD

Establishment of the Academic Board

S.11 (1) There shall be established for the Polytechnic a Board to be known as the Academic Board which shall consist of the following members:

(a) The Rector as the Chairman.

(b) Deputy Rector.

(d) The Polytechnic Librarian.

(e) Not more than two members of the academic staff other than Heads of Departments who shall be elected by the Academic Board.

(f) The Registrar who shall be Secretary.

(2) The Academic Board shall have power:

(a) To direct and manage all academic matters of the Polytechnic including the regulation of admission of students, the award of certificates and diplomas, scholarship, prizes and other academic distinctions.

(b) To make such reports to the Council on academic matters as the Academic Board may think or as the Council may require; and

Removal and suspension of senior staff

S.12 (1) Where it appears to the Council that there are reasons for believing that any senior staff of the Polytechnic other than the Rector should be removed from office on the ground of misconduct or inability to perform the functions of his office, the Council shall:

(a) Give notice of those reasons to the person in question.

(b) Afford him an opportunity of making representations in person or by counsel 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) For a Joint Committee of the Council and the Academic Board to investigate the matter and to report on it to the Council or

(ii) For a Committee of the Council to investigate the matter where it relates to any other member of the staff of the Polytechnic and to report on it to the Council, and

(iii) For the person in question to be afforded an opportunity of appearing before and being heard by the Investigating Committee 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 as aforesaid the Council may so remove him by an instrument in writing signed on the direction of the Council.

(2) The Rector may for reasons of misconduct by a member of staff which in his opinion is prejudicial to the interest of the Polytechnic suspend such member and any such suspension shall forthwith be reported to the Council.

(3) Any member of staff may be suspended from office or his appointment may be terminated by the Council for good cause and “good cause” for the purposes of this Subsection means:

(a) Any physical or mental incapacity which the Council, after obtaining medical advice, considers to be such as to render the person concerned unfit to discharge the functions of his office; or

(b) Any physical or mental incapacity which the Council, after obtaining medical advice, considers to be such as to render the person concerned unfit to continue to hold his office; or

(c) Conduct of a scandalous or other disgraceful nature which the Council considers to be such as to render the person unfit to continue to hold his office; or

(d) Conduct which the Council considers to be such 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 his service.

(4) Any person suspended pursuant to Subsections(2) or (3) of this Section, shall be placed on half salary and the Council shall before the expiration of a period of three months after the date of such suspension, consider the case against that person and come to a decision as to whether to:

(a) Continue such person’s suspension and on what terms (including the proportion of his emoluments to be paid to him).

(b) Reinstate such 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 such a person will not be entitled to the proportion of his emoluments withheld during the period of suspension.

(d) Take such lesser disciplinary action against such person (including the restoration of such proportion of his emoluments that might have been withheld) as the Council may determine and where the Council, pursuant to this Section, decides to continue a person’s suspension or decides to take further disciplinary action against such person, the Council shall before the expiration of a period of three months from such decision come to a final determination in respect of the case concerning such person.

(5) It shall be the duty of the person by whom an instrument of removal is signed in pursuance of Subsection (1) of this Section, to cause a copy of the instrument to be served as soon as reasonably practicable on the person to whom it relates.

Right to entitlement despite sickness

S.13 Notwithstanding the provisions of Section 12(3)(a)(b) of this Law, any person whose appointment is terminated as a result of physical and mental disability shall be entitled to all his benefits for the period he has served.

Discipline of students

S.14 (1) Subject to the provisions of this Section, where it appears to the Rector that any student of the Polytechnic has been guilty of misconduct, the Rector may, without prejudice to any other disciplinary powers conferred on him by this Law, or regulations made hereunder direct:

(a) That the student shall not during such period as may be specified in the direction, participate in such activities of the Polytechnic, or make use of such facilities of the Polytechnic, as may be so specified; or

(b) That the activities of the student shall, during such period as may be specified in the direction, be restricted in such manner as may be so specified; or

(d) That the student be expelled from the Polytechnic.

(2) Where a direction is given under Subsection (1) of this Section in respect of any student, the student may, within 21 days from the date of the letter communicating the decision to him, appeal from the direction to the Council; and where such an appeal is brought, the Council shall, after causing such inquiry to be made in the matter as the Council considers just, either confirm or set aside the direction or modify it in such manner as the Council may think fit.

(3) Where an appeal from a direction is brought in pursuance of Subsection (2) of this Section that shall not affect the operation of the direction while the appeal is pending.

(4) The Rector may delegate his powers under this Section to a Disciplinary Committee consisting of such members of the Polytechnic as he may constitute.

(5) Nothing in this Section shall be construed as preventing the restriction or termination of a student’s activities at the Polytechnic otherwise than on the ground of misconduct.

(6) In all cases under this Section, the decision of the Council shall be final.

Discipline of Junior staff

S.15 (1) If any junior staff is accused of misconduct or inefficiency, the Rector may suspend him for not more than three months and forthwith shall direct the Junior Staff Appointment and Promotions Committee to:

(a) Consider the case; and

(b) Make recommendations as to the appropriate action to be taken by the Rector.

(2) In all cases under this Section, the officer shall be informed of the charge against him and shall be given reasonable opportunity to defend himself.

(3) The Rector may after considering the recommendation made pursuant to Subsection (1)(b) of this Section, dismiss, terminate, retire or downgrade the officer concerned.

(4) Any person aggrieved by the Rector’s decision under Subsection (3) of this Section may within a period of 21 days from the date of the letter communicating the decision to him, address a petition to the Council to reconsider his case and the Council’s decision thereon shall be final.

(5) In any case of gross misconduct on the part of a junior staff, the Rector shall forthwith suspend him and thereafter refer the matter to the Junior Staff Appointments and Promotions Committee to be dealt with according to the foregoing provisions of this Section.

FINANCIAL PROVISIONS

Audit of account

S.16. (1) The Council shall keep proper accounts and proper records in relation thereto and shall cause to be prepared not later than 1st October in each financial year, an estimate of its revenue and expenditure for the ensuring financial year and when prepared, the estimates shall be submitted to the Ministry of Finance for approval

(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, and shall transmit same to the Governor.

(3) The statement of accounts referred to in Subsection (2) of this Section shall, when certified by the Rector, be audited by a firm of Auditors appointed from the list and in accordance with the guidelines supplied by the Auditor – General of the State and shall be published in the Annual Report of the Polytechnic.

Funds of the Polytechnic

S.17 The funds of the Polytechnic shall include:

(a) Fees charged by and paid to the Council in respect of studies.

(b) Any other amount due to or recoverable by the Polytechnic.

(c) Revenue from time to time accruing to the Polytechnic from the State Government by way of subvention, grant-in-aid, endowment or otherwise howsoever.

(d) Donations and legacies accruing to the Polytechnic from any source for the special purpose of the Polytechnic.

(e) Any loan obtained by the Polytechnic shall be with the permission of the Governor provided that same be guaranteed by the State Government.

Donations for particular purposes

S.18 (1)Donations of money to be applied to any particular purpose shall be placed to the credit of a special reserve account approved by the Council until such time as same may be expected in fulfillment of such purpose.

(2) The Council shall not be obliged to accept a donation for a particular purpose unless it approves of the terms and conditions attached to such donation.

Payments into Bank

S.19. All sums of money received on account of the Polytechnic shall be paid into such bank for the credit of the Polytechnic as may be approved by the Council.

Annual Report

S.20. The Council shall on or before 31st December in each year, prepare and submit to the State Executive Council through the Commissioner a report of its activities during the preceding financial year and shall include in the report the audited accounts of the Polytechnic in respect of that financial year and of the Auditors’ comments on the account.

MISCELLANEOUS AND SUPPLEMENTAL

Powers to make regulations

S.21. (1) The Council may make regulations relating to any matter within its competence under this Law.

(2) All such regulations shall be in writing and shall come into effect on such a date as is prescribed therein.

(3) Nothing in Sub-section (2) of this Section, shall make it obligatory for the Council to publish any of the said regulations in the State Gazette but the Council shall bring such regulations to the notice of all affected thereby.

[Prohibited conditions for Admission]

S.22. No person shall be required to satisfy the requirements as to any of the following matters, that is to say, race (including ethnic grouping), sex, place of birth or of family origin or religious or political persuasion as a condition of becoming or continuing to be a student at the Polytechnic or of any appointment or employment at the Polytechnic, or a member of anybody established by virtue of this Law and no person shall be subjected to any disadvantage or accorded any advantage in relation to the Polytechnic by reference to any of those matters.

Provided that nothing in this Section shall be construed as preventing the Polytechnic from imposing any disability or restriction on any of the aforementioned persons where such person willfully refuses or fails on grounds of religious belief to undertake any duty generally and uniformly imposed on all such persons or any group of such persons which duty, having regard to its nature and the special circumstances pertaining thereto is , in the opinion of the Polytechnic, reasonably justifiable in the interest of the State.

Quorum and procedure of bodies established under this Law

S.23. Subject to the provisions of paragraph 6(2) of the Schedule to this Law and any standing orders or regulations made under this Law, the quorum and procedure of any body of persons established by this Law shall be such as may be determined by that body.

SCHEDULE (COMMITTEES)

(1) The Council may appoint one or more Committees to which it may delegate any of its functions.

(2) The Council shall appoint the following Committees, that it:

(a) Appointment and Promotions Committee which shall:

(i) Consist of a Chairman to be appointed by the Rector from members of the senior staff of the Polytechnic and four other members who shall be appointed by the Council.

(ii) Be charged with the responsibility for making recommendations to the Council on the appointment and promotion of the academic and senior staff of the Polytechnic and have a quorum of three members, and if the Chairman of the Committee is absent from any meeting of the Committee, the members present shall elect one of their number to act as Chairman for that particular meeting.

(b) Junior Staff Appointment and Promotions Committee which shall consist of a Chairman and four members to be appointed by the Council in collaboration with the Principal shall have powers set out in S.15 of this Law.

(i) A Chairman who shall be appointed by the Rector from among the senior employees of the Polytechnic.

(ii) Three members of the academic staff of the Polytechnic; and

(iii) Four students of the Polytechnic audit shall be charged with the duty of considering:

(a) Any member which relates to the welfare of students.

(b) Any other matter referred to it by either the Council, Board of Studies or students of the Polytechnic; and

(c) Any matter which the students wish to refer to the Council shall be referred to the Committee on Students’ Affairs in the first instance.

(3) No decision of a Committee shall have effect unless it is confirmed by the Council.

PROCEEDINGS OF THE COUNCIL

(1) The Council shall meet for the conduct of business at such times as the Chairman of the Council may appoint but shall meet not less than four times in a year.

(2) The Chairman of the Council may at any time and shall at the request in writing of not less than seven members of the Council summon a meeting of the Council.

(3) Particulars of the business to be transacted shall be circulated to members with the notice of the meeting at least two weeks before the date of the meeting.

Where the Council desires to obtain the advice of any person on any particular matter, it may co-opt such person as a member for meeting whether or not expressly convened for the purpose of considering the particular matter but no co-opted member shall be entitled to vote or be counted towards a quorum.

No act or other proceedings of the Council shall be invalidated by reason of defect in the appointment of any person purporting to be a member of the Council or vacancy occurring in the membership of the Council or participation of any person who is not a member of the Council.

(1) No suit shall be instituted against the Council or any member of staff of the Polytechnic or any person acting under the direction of the Council or Polytechnic in respect of any act purporting to be under this Law or any neglect of duty under this Law until the expiration of 30 days next after a written notice has been delivered to the Council or at the place of abode of such member, servant or other persons stating the cause of action the name and place of abode of intending plaintiff and the relief which he claims.

(2) Whenever there is a suit by or against the Council, the Council may be represented in court at any stage of the proceeding by:

(a) Legal practitioners, and/or

(b) A servant of the Council authorized in writing in that behalf by the Chairman of the Council.

(3) In this Section “Suit” includes action by writ of summons or in such other manner as may be prescribed by the rules of court but does not include criminal proceedings.

(1) Every question put before the Council at a meeting shall be decided by a simple majority of the members present and voting.

(2) Eight members including the Chairman shall form a quorum at any meeting of the Council.

(3) The Chairman shall, at any meeting of the Council, have a vote and in the case of an equality of the votes, may exercise a casting vote.

Subject as aforesaid, the Council may make standing orders with respect to the holding of meetings, the nature of notices to be given, the proceedings thereat, the keeping of minutes of such proceedings and the custody and production for inspection of such minutes.

Where the Chairman of the Council is absent from a meeting of the Council, the members present shall elect one of the members to act as Chairman for the purpose of the meeting.

MISCELLANEOUS

Any contract or instrument which if entered into by a person not being a body corporate would not be required to be under seal may in like manner be entered into or executed on behalf of the Council by any person generally or specifically authorized by it for that purpose.

(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 Council shall as soon as after its establishment provided a seal for the institution and fixing of the seal of the Council shall be authenticated by the signature of the Chairman of the Council and if need be some other members authorized 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.

(4) Any member of the Council or Committee thereof who has personal interest in any contract or arrangement entered into or proposed to be considered by the Council or Committee thereof, shall forthwith disclose his interest to the Council and shall not vote on any question relating to such contract or arrangement. 18

Repeals

S.24. The Plateau State Polytechnic Law No. 4 of 1982 is hereby repealed.

Interpretation

S.25. In this Law:

“Academic Board” means the Board as established under Section 11 of this Law.

“Appointment and Promotions Committee” means the body of as established by Section 1(2)(a) of the schedule to this Law.

“Commissioner” means Commissioner for Education of Nasarawa State.

“Council” means the Governing Council as established under Section 4 of this Law.

“Governor” means Executive Governor of Nasarawa State.

“Junior Staff Appointment and Promotion Committee” means a body as established under Section 1(2)(b) of the schedule to this Law.

“Polytechnic” means the Nasarawa State Polytechnic established under Section 2 of this Law.

“Rector” means the Rector of the Polytechnic appointed under Section 7(1) of this Law.

“Registrar” means the Registrar of Nasarawa State Polytechnic appointed under Section 7(3) of this Law.

“State” means Nasarawa State of Nigeria. 19

This printed impression has been carefully compared by me with the Bill which has been passed by the Nasarawa State House of Assembly and is found by me to be a true and correctly printed copy of the Bill.

_________________________________

HAJIYA AISHA AHMED ESQ
Clerk of the House
Nasarawa State House of Assembly

I assent this 3rd day of April, 2001

________________________________

ALHAJI ABDULLAHI ADAMU
Executive Governor
Nasarawa State of Nigeria

Repassed by two-third majority this … day of ………………, 2001

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