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PRIVATE EDUCATIONAL INSTITUTIONS LAW
ARRANGEMENT OF SECTIONS
1. Approval to operate private institution
2. Application for approval
3. Advertisement of a private institution
4. Registration of private educational institution
5. Re-registration of existing private institution
6. Application for registration
7. Conditions for registration
8. Issuance and validity of certificate of registration
10. Approval to register for public examination
11. Fees and financial management
12. Award of certificate
14. Exemption, relaxation or modification
15. Power to discontinue or close a private institution
16. Obstruction of duly authorised person by the Ministry of Education
19. Power to make regulations
21. Citation and commencement
PRIVATE EDUCATIONAL INSTITUTIONS LAW
A LAW TO REGULATE THE ESTABLISHMENT OF PRIVATE EDUCATIONAL INSTITUTIONS IN LAGOS STATE AND FOR OTHER MATTERS CONNECTED TO IT [Commencement]
[Commencement] [28th August, 1996]
1. Approval to Operate Private Institution
As from the commencement of this Law, no person shall run or operate a private educational institution in the State without an approval granted by the Ministry of Education.
2. Application for Approval
(1) An application for approval shall be made in writing to the Commissioner at least twelve (12) months prior to the commencement of the private institution.
(2) Any approval granted under this Law shall be in the prescribed form and be subject to such special conditions as the Commissioner may impose from time to time by regulation
3. Advertisement of a Private Institution
A person shall not advertise the existence of a private educational institution except the provisions of this Law have been complied with.
4. Registration of Private Educational Institution
As from the commencement of this Law, no person shall establish, carry on or run a private educational institution in the State in any premises not registered in accordance with the provisions of this Law.
5. Re-registration of existing Private Institution
Any person who prior to the commencement of this Law had registered any premises used for private educational institution shall comply with the provisions of this Law not later than twelve (12) months of the coming into force of this Law.
6. Application for Registration
(1) An application for registration shall be made to the Commissioner in such term and manner as may be prescribed by the Commissioner and shall contain –
(a) the name and address of the proprietor of the institution;
(b) type of institutions;
(c) the situation of the institution and plan of the buildings;
(d) the number and types of classes and the medium of instruction proposed.
(2) The Commissioner may before considering an applicant application require an –
(a) to satisfy him that the building proposed to be used as a private educational institution is properly constructed and equipped;
(b) to supply such other information as he may require to enable him reach a decision on the application.
7. Conditions for Registration
Subject to the provisions of this Law, premises intending to be used as a private educational institution may not be registered unless it satisfies the regulations made pursuant to this Law.
8. Issuance and Validity of Certificate of Registration
(1) The Commissioner shall issue a certificate of registration to any person or body who applies and has satisfied the conditions stipulated in this Law.
(2) A certificate issued under this Law shall be valid for one (1) year and expire on the 31st December of every year.
The curriculum of a private educational institution shall be structured in accordance with the State and Federal policies in respect of education.
10. Approval to Register for Public Examination
Approval to register for public examination through the State Examination Board, West African Examination Council and any other examination bodies must be obtained in writing from the Ministry of Education at least twelve (12) months prior to the taking of such examination.
11. Fees and Financial Management
(1) Every proprietor shall be obliged to pay fees to the Ministry of Education for any service rendered to any private educational institution.
(2) A grant-in-aid of any kind shall not be made by the State to any private educational institution.
12. Award of Certificate
A private educational institution shall not be allowed to award any certificate to its pupil except such certificate is issued in accordance with the State and Federal policies in respect of education.
(1) The Ministry of Education or its duly authorised agents may, at all reasonable times, enter premises of any private educational institution, in respect of which the Commissioner had received application for registration as a private educational institution, for purposes of inspection in order to ensure that conditions for registration under this Law have been complied with.
(2) The Ministry of Education or its duly authorised agents may enter a registered private educational institution in the State for the purpose of supervision and may require to be produced to it all or any of the records, register and other documents required to be kept under the provisions of this Law and the proprietor in charge shall take such step as may be necessary to facilitate such supervision and inspection:
Provided that nothing in this section shall be deemed to authorise the inspection of any record relating to a particular pupil in a private institution.
14. Exemption, Relaxation or Modification
The Ministry of Education may with the written approval of the Governor grant exemption from registration, inspection or supervision in respect of a private educational institution where it is satisfied that the private educational institution is being carried on charitable basis.
15. Power to discontinue or close a Private Institution
Where it appears to the Ministry of Education that the provisions of this Law are not begin carried into effect in a private educational institution, the Commissioner shall obtain a court order to discontinue or close such private educational institution if it is proved to his satisfaction that –
(a) after the receipt of a warning in writing from the Ministry of Education the proprietor has deliberately continued to contravene any provision of this Law;
(b) the private educational institution consistently fails to meet the standard set by the Ministry of Education;
(c) the private educational institution though still in existence has ceased to function;
(d) the private educational institution has ceased to exist.
16. Obstruction of duly Authorised Person by the Ministry of Education
(1) Any person who willfully delays or obstructs a person duly authorised by the Commissioner in the performance of its functions under this Law or fails without reasonable excuse to give any information, which he is duly required to give, shall be guilty of an offence and shall be liable on conviction to a fine of Five Thousand Naira (N5,000.00) or to a term of six (6) months’ imprisonment or both.
(2) Any order of closure made under the provisions of section 15 of the Law shall be in addition to any proceedings which may be instituted in respect of any contravention or failure to comply with the provisions of this Law, and to any penalties which may be imposed on convictions in such proceedings whether or not such conviction is heard on the same facts on which the order of suspension or cancellation was made.
Where an offence has been committed against this Law as regards the establishment or the conduct of a private institution and such private institution is owned by a person in addition to the proprietor in-charge, such person or in the case of a company, every director, manager, secretary and other officer knowingly being a party in such offence, shall be guilty of the like offence and liable to the same punishment.
(1) Any person who contravenes or fails to comply with any of the provisions of this Law for which no penalty has been provided shall be guilty of an offence and shall be liable on conviction to a fine of Five Thousand Naira (N5,000.00) or to a term of six (6) months’ imprisonment or both in case of an individual, in case of a company, it shall be liable to a fine of Twenty Thousand Naira (N20,000.00).
(2) For any subsequent offence
(a) in the case of an individual a fine of Ten Thousand Naira (N10,000.00) or to a term of one (1) year imprisonment or both;
(b) in the case of a company, a fine of Fifty Thousand Naira (N50,000.00).
19. Power to make Regulations
(1) The Commissioner may make regulations generally for the carrying into effect the purpose of this Law and without prejudice to the generalities of the power so conferred in particular for
(a) establishment, registration and conduct;
(b) prescribing application and renewal fees;
(c) supervision and inspection;
(d) prescribing the number of qualified teachers and staff;
(e) prescribing the arrangements for the prevention and control of fire and for the safety of pupils and staff in the event of fire;
(f) prescribing the records and statistics to be kept and the mode of keeping them;
(g) prescribing the conditions or requirements applicable for the registration of private educational institution under this Law;
(h) regulating the accommodation in the classrooms or in case of boarding facilities and other similar purposes; and
(i) prescribing any matter or thing required to be prescribed under the provisions of this Law.
(2) Regulations made under subsection (1) of this section may make different provisions, for different description of private institutions.
In this Law, unless the context otherwise requires –
“charitable basis” means non-profit making basis;
“Commissioner” means the State Commissioner charged with the responsibility for Education in Lagos State;
“duly authorised person” means any staff of the Ministry of Education or any other person duly authorised by the Commissioner;
“Ministry of Education” means Lagos State Ministry of Education;
“person” means an individual and shall include a limited liability company, a charitable organisation or association or a partnership of any number of persons;
“private educational institution” includes any pre-primary, primary, post-primary, technical, vocational, remedial, training centers or any similar institution but does not include any institution established by the State Government;
“proprietor” means the head teacher that is responsible for the day to day administration of a private educational institution;
“pupil” means any individual admitted to a private educational institution for the purpose of learning.
21. Citation and Commencement
This Law may be cited as the Private Educational Institutions Law, 1996 and shall come into force on 28th August 1995.
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