College of Agriculture Law

1. Citation and commencement. This Law may be cited as the College of Agriculture Law, 1998 and shall be deemed to have come into effect on 1st January, 1994.

2. Interpretation. In this Law- “appropriate authority” means the State Commissioner for Agriculture and Natural Resources; “Board of Studies” means the Board of Studies of the College; “college” means the College of Agriculture; “financial year” means the period of twelve months commencing on the 1st of January of any year; “Governing Council” means the Governing Council of the College; “Head of Department” means the head of designated academic department of the College, so designated by the Governing Council of College of Agriculture; “serving officer” means an officer of the Ministry of Agriculture and Natural Resources or any serving public officer deployed or posted to the College before the coming into operation of this Law.

3. Establishment of the College. (1) There shall be established for the State a College to be known as the College of Agriculture, Ozoro. (2) The College shall be a body corporate with perpetual succession grid a common seal and capable of suing and being sued in its corporate name.

4. Functions of the College. (1) It shall be the general function of the College to provide for studies, training and development of techniques for Agriculture Extension, Field Experimentation and Mechanisation, Rural Sociology, Agriculture Economics, Soil Survey and other applied Agriculture subjects. (2) For the purpose- of carrying out the functions specified in section 4 (1), the College shall- (a) offer courses of instruction (full-time and part-time) leading to Diploma, Certificates and other distinctions in scientific and related subjects; (b) offer special training courses to meet the demands and requirements of the Delta State and the manpower need of the country at large; (c) encourage the development of agricultural techniques; (d) organise conferences, seminars, study groups and like activities; (e) organise such other activities as may be deemed necessary by the Governing Council, to promote the objectives of the College; (f) co-operate with similar institutions in-the Country and outride in matters of common interest; and (g) carry out such other functions as the appropriate authority may from time to time direct.

5. Power of the College. To enable the College carry out its general functions as provided in sections 4 (1) and (2) of this Law, the College shall, subject to the provisions of paragraphs (n) and (d) of section 10 of this Law, make regulations generally for carrying into effect the provisions of the Law and in particular, without prejudice to the generality of the foregoing, such regulations may provide for all or any of the following- (a) taking over by the College as part of the College any educational institution with the approval of the Governor; (b) creating posts and offices tenable at the College and making appointments thereto; (c) prescribing the academic requirements for new entrants from time to time and offering admission to prospective candidates from within and outside the State; (d) instituting and awarding scholarships bursaries, medals prizes and other titles, distinctions, awards and forms; (e) providing for the residence, discipline and welfare of members of staff and the students of the College; (f) holding examinations and granting diplomas, certificates and other distinctions to persons who have pursued a course of study approved by the College and have satisfied such other requirements as the College may lay down; (g) demanding and receiving from a person attending the College for the purpose of receiving instructions such fees as the College may from time to time determine; (h) disposing of any of its movable or immovable property subject to the approval of the appropriate authority in respect of immovable property; (i) accepting gifts, legacies and donations, but without obligation to accept the same for a particular purpose unless it approves the terms and conditions attaching thereto; (j) entering into contracts, establishing trusts, acting as trustee, solely or jointly with any persons, and employing and acting though agents; (k) effecting, providing, equipping and maintaining libraries, laboratories, lecture halls, halls of residence refectories, sports grounds, playing fields and other buildings or things necessary or suitable for the welfare and academic pursuit of students and overall development of the College; (l) subject to the limitations or conditions that may be imposed, to invest any money appertaining to the College by way of endowment, whether for general or specific purposes, and such other monies as may not immediately be required for current expenditure, in investment or securities or in the purchase or improvement of land, with power from time to time to vary any such investment and to deposit money for the time being uninvested with a bank on deposit or on current account; (m) borrowing, whether at interest or not, and if need be, upon the security of any of the property, movable or immovable of the College, such money as the Governing Council may from time to time find it necessary or expedient to borrow, subject to the approval of the appropriate authority; (n) doing anything which it is authorised or required by the Law to do; and (o) doing such things whether or not incidental to the foregoing powers as may advance the objectives of the College.

6. Establishment of the Governing Council composition. There shall be established a Council to be known as the Governing Council of the College. (1) The Governing Council shall consist of the following- (a) a Chairman and four persons to be appointed from outside the public service by the Governor; (b) a Provost; (c) a representative each from the Ministries of Agriculture and Natural Resources; Education, Finance and Economic Planning; (d) a representative of the Agricultural Research Council of Nigeria; (e) a representative of the Delta State University (Faculty of Agriculture or Allied Faculty); (f) a member of the Board of Studies of the College to be elected by the Body.

7. Tenure of Office. (1) The Chairman of the Governing Council shall hold office for a period of three years from the date of his, appointment and may be eligible for re-appointment for another term of three years. (2) A member of the Governing Council who is not an ex officio member shall hold land may be eligible for re-appointment for another term of three years. (3) The Chairman or a member of the Governing Council who is not an ex officio member may resign his appointment thereof by giving notice under his hand.

8. Procedure at meetings. (1) The Governing Council shall meet at least once a term consisting of three months and at such other times as may be expedient for the transaction of business and such' meetings shall be held at such places and times and on such days as the Governing Council shall determine. (2) The Chairman may at any time call special meetings of the Governing Council or shall do so on being requested in writing by at least three of the members present and where the Chairman is absent at a meeting, members shall elect one of their members to preside thereat. (3) The Chairman or the member presiding at a meeting of the Governing Council shall have an original and a casting vote. (4) Five members of the Governing Council shall constitute a quorum. (5) The Governing Council may regulate its own proceedings and make standing orders for such purpose. (6) The validity of any proceedings of the Governing Council shall not be affected by any vacancy among the members or defect in the appointment of a member.

9. Powers of the Governing Council. The Governing Council shall- (a) be responsible for the general management of Council/ the affairs of the College and in particular for the control of the property and the finances of the College and may do anything which in its opinion is calculated to facilitate the carrying out of the purpose of the College and promote its best interest; (b) exercise on behalf of the College the powers conferred on the College by section 4 (1) of the Law; (c) approve the College curriculum from time to time after consultation with appropriate research bodies and other interested organisation; (d) appoint committees from among its own members and to delegate to them such of its powers and duties as it thinks fit and make rules for the conduct of the business of such committee; (e) delegate, as the case may be, all or any of its powers not exclusively to be exercised by the Governing Council itself or to its Chairman or Provost as it thinks fit; (f) appoint advisory committees from among its own members or from among other experienced persons where desirable; (g) consider the annual budget and annual report, submit same to the appropriate authority for approval not later than three months before the end of the financial year; and (h) make rules for the purpose of exercising any of its functions or regulating its own procedure.

10. Remuneration. There shall be paid to the Chairman and non-official members of the Governing Council such remuneration and allowances as the Governor shall determine.

11. Provost. (a) There shall be a Provost for the College who shall be the Chief Executive and Chief Academic Officer of the College; (b) The Provost shall exercise authority over the staff and students and be responsible for discipline at the College.

12. Deputy Provost. (a) There shall be a Deputy Provost who shall assist the Provost in the administration of the College; (b) The Deputy Provost shall be appointed by the Governing Council and shall hold office for a period, on such terms and conditions as may be specified in the instrument appointing him.

13. Head of Academic Department. To enable the College to carry out its general functions under Section 5 of this Law it shall be organised into such Academic Department as the Governing Council may from time to time approve and each department shall have a head who shall perform the duties and functions which the Provost may from time to time assign to him.

14. Principal Officers of the College. (a) There shall be a Registrar for the College who shall be appointed by the Governing Council and shall be responsible to the Provost for the general administration of the affairs of the College. (a) The person holding the office of Registrar of the College shall-by virtue of that office be Secretary of the Governing Council and the Board of Studies; (b) The Registrar of the College shall hold office for a period and on such terms and conditions as may be specified in the instrument appointing him.

15. Bursar. (a) There shall be a Bursar for the College who shall be responsible to the Provost for the financial administration of the College; (b) The Bursar shall be appointed by the Governing Council and shall hold office for the period and on such terms and conditions as may be specified in the instrument appointing him.

16. Librarian. (a) There shall be a Librarian for the College who shall be responsible to the Provost for the library services of the College; (b) The Librarian shall be appointed by the Governing Council and shall hold office for the period and on such terms and conditions as may be specified in the instrument appointing him.

17. Board of Studies and Membership of the Board of Studies. (1) There shall be established in the College a Board to be known as the Board of Studies which shall have direct control of the academic work of the College Membership of the Board of Studies shall consist of- (a) the provost and Deputy Provost of the College; (b) the Head of an academic department; (c) the Registrar; (d) one member appointed by -the Governing Council from Academic Staff Council of the Delta State University after consultation with the Vice Chancellor; (e) one member appointed by the appropriate authority from among the Professional Staff of the Ministry of Agriculture and Natural Resources in charge of training; (f) such other persons not exceeding four in number for the time being holding appointments on the Academic Staff of the College elected by the body of the academic staff. (2) The Provost shall be the Chairman at all meetings of the Board of Studies and, in his absence at any meeting, the Deputy Provost or any other member of the Board designated by the Provost in writing, shall preside. (3) A member of the Board of Studies appointed or selected to the Council under subsection (I) (b) and (c) of this section shall hold office for a period not exceeding three years in the first instance and such a member may be eligible for re-appointment. (4) A member of the Board of Studies elected under subsection (1) (d) of this section shall hold office for two years and may be re-elected at an election held for the purposes of paragraph (f) and subsection (1) of this section in the year which his period of this office expires: Provided such an officer so re-elected would not have held office as a member of the Board of Studies for a continuous period of more than four years.

18. Power of Board of Studies. The Board of Studies shall have the power- (a) to appoint standing or ad hoc committees from among its own members and to delegate to them such of its powers and duties as it thinks fit; (b) to appoint advisory committees from among its members and from among other experienced persons where it considers it desirable to do so; (c) to make rules for the conduct of the business of its committee or for the purposes of exercising any of its functions or for regulating its own procedure.

19. Appointment of other Academic Posts. (1) Remuneration created for posts other than those mentioned in Part III of this Law shall be made by the Board of Studies to the Governing Council and the filling of vacancies in such posts shall be the responsibility of the Governing Council. (2) For the purpose of filling such a vacancy there shall be an Appointment and Promotion Committee which shall interview a prospective candidate and make recommendations to the Governing Council for ratification. (3) The Appointment and Promotion Committee shall consist of the following- (a) the Provost, who shall be the Chairman; (b) the Registrar; (c) two members of the Governing Council who shall be appointed by the Council; (d) four members of the Board of Studies who shall be appointed by the Council; (e) such experts or specialists not exceeding two in number, as the Board of Studies shall from time to time appoint; and (f) the Librarian. (4) An appointment to the Senior Library post shall be made by the Governing Council in the same way, as the appointment of the Head of Academic Staff and that of the Librarian.

20. Appointment of Administrative and Technical Staff. (1) The administrative and technical staff of the College other than those mentioned in Part IV of the Law shall be appointed by the Provost in accordance and with any delegation of powers made by the Governing Council in that regard. (2) In the filling of administrative and accounting posts, the Registrar and the Bursar shall serve as members of the Appointment and Promotion Committee.

21. Post to be advertised. (1) A post to be filled in the College shall be advertised in at least two National Dailies, including one having the! widest circulation in the State and shall reflect the senatorial districts of the State. (2) Art appointment to the service of the College may also be by secondment, transfer or on contract.

22. Academic, administrative and technical staff remuneration. The rates of remuneration, scale of salary, contract additions and all remuneration arrangements and other conditions of service for members of the academic, administrative and technical staff shall be such as may be determined by the Governing Council.

23. Revenue of the College. The revenue of the College shall include- (a) fees chargeable by the College as fees in respect of students; (b) other fees, dyes or amounts recoverable by the College; (c) revenue accruing or due to the College whether by way of Government grant or endowment or otherwise; (d) interest on money invested fry the College; and (e) donations accruing to the College from any sources for the general or special purpose of the Governing Council.

24. Annual Budget. The Governing Council shall cause to be prepared annually, a budget showing the estimates of revenue of the College for the ensuing financial year;

25. Annual Report. (1) The Governing Council shall cause to "be prepared a report of income and expenditure during the previous financial year, a report of the assets and. liabilities of the College on the last day of such year, and a report arid valuation of the assets of the College. (2) The report duly certified by the Provost shall be submitted to and be audited by the Auditor-General of the State within four months of the end of the previous financial year.

26. Removal of Chairman Members of the Governing Council. (1) If it appears to the Governing Council that the Chairman or member of the Council (other than an ex officio member) should be removed from office on the grounds of misconduct or of inability to perform the functions of his office, the Governing Council shall after consultation with the interest represented by such member, makes such recommendation to the Governor to that effect. (2) If the Governor after making such inquiries as he considers appropriate, and after considering observations-that the Chairman or a member of the Governing Council concerned and the interest represented by such member may wish to make, approves the recommendation, he shall, by an instrument in writing signed by him, remove the person in question from office. (3) The Governor shall, on signing the instrument of removal in pursuance of this section, cause a copy of the instrument to be served as soon as possible on the person to whom it relates.

27. Removal of Academic, Administrative Technical Staff. (1) If it appears to the Governing Council that there are reasons for believing that the Provost, Deputy Provost, Registrar, Librarian, Bursar or any other person employed as a member and of the academic, administrative or technical staff of the College should be removed from his office or employment on the grounds of misconduct or inability to perform the functions of his office, the Governing Council shall- (a) give notice of those reasons to the person concerned; (b) where the matter relates to the Provost, Registrar, Bursar, Librarian or a Head of Department, set up a committee from among the members of the Governing Council and the Board of Studies to investigate the matter and to report on it to the Governor; (c) where the matter relates to any other member of the academic, administrative or technical staff, direct the Provost to set up a Committee to investigate the matter and report to the Governing Council so however that where the matter relates to a member of the academic staff, member of the committee shall be part of the members of the Board of Studies; (d) make reasonable arrangements for the person in question to be accompanied by a representative if he so desires and to be afforded an opportunity of explaining in writing and if necessary appearing before and being heard by the investigating committee with respect to the matter; and if the Governing Council, after considering the report of the investigating committee with respect to the matter, is satisfied that the person in question should be removed as aforesaid, the Council may so remove him by an instrument in writing signed by its Chairman on the direction of the Council. (2) The Chairman of the Governing Council shall upon signing the instrument of removal, cause a copy of the instrument to be served as soon as possible on the person to whom it relates. (3) If it appears to the Governing Council that the Provost should be suspended from his office or employment pending proceedings under this section, the Council may by motion prohibit him from exercising the functions of his office or employment pending the determination of the matter. (4) The Governing Council shall determine what proportion of salary is to be paid to member under the provision of subsections (3) and (4) of this section.

28. Discipline of Students. (1) The Governing Council shall draw up regulations in respect of the suspension or expulsion of students on grounds of serious misconduct. (2) Nothing in this section shall be construed as preventing the restriction or termination of student activities at the College otherwise than on the grounds of misconduct.

29. Regulations. The Governing. Council may, subject to the approval of the appropriate authority, make regulations generally for the purpose of this Law and in particular make regulations in respect of the following- (a) establishment matters and the general administrative policy in the service of the College; (b) the qualification and the terms and conditions for appointment whether on first appointment or transfer or promotion to any class or grade of offices in the service of the College; (c) the examination to be taken by a class or grade of officers and the conduct of such examination; and (d) the procedure of the writing of petitions by officers and students of the College.

30. Transition Provision. The provisions of the Public Service Commission Regulations, 1978 and other regulations for the time being in force shall, with necessary modification, apply to the service of the College until the Governing Council makes regulations for the College.