Delta State College of Health Technology, Ovrode Law, 2024
Text as published in Laws of Delta State (State e-Laws portal). Reproduced for reference. Verify against the Gazette before relying on it in court.
Preliminary
DELTA STATE COLLEGE OF HEALTH
TECHNOLOGY, OVRODE LAW, 2024
Section 1
1. Short Title and Commencement.
This Law may be cited as the Delta State College of Health Technology, Ovrode Law, 2024
and shall come into force on the date it receives the assent of the Governor.
Section 2
2. Interpretation.
In this Law, unless the context otherwise requires:
"Academic Staff" means Provost, Lecturers, Directors, Heads of Departments, Librarian,
and such other persons in the employment of the College engaged in teaching or research
and acting in accordance with the recommendations of the Academic Board of the College;
"Academic Year" means Period not exceeding twelve consecutive months as the Council
may from time to time designate;
"Board" means Academic Board of the College of Health Technology, Ovrode;
"Chairman" means Chairman of the Governing Council of the College;
"College" means Delta State College of Health Technology, Ovrode in Isoko North Local
Government Area, Delta State and may include its Satellite Campuses;
"Commissioner" means Delta State Commissioner for Health;
"Convocation" means Assembly of the College for the purpose of conferring Diplomas,
Certificates, Awards or other academic titles and distinctions of the College on Students
and other persons;
"Council" means the Governing Council of the College;
"Executive Council" means Delta State Executive Council;
"Members of Staff" means Staff of the College and shall include the Provost of the College;
"Non-Academic Staff" means Persons in the employment of the College other than the
academic staff who hold administrative, professional or technical posts;
"Provost" means Provost of the Delta State College of Health Technology, Ovrode;
"Regulations" means Regulations made by the Council of the College;
"State" means Delta State of Nigeria;
"Student" means Person who has been registered as a student of the College during a
current academic year to undertake courses leading to the award of Higher National
Diploma, Ordinary National Diploma, Certificate or any other academic qualification as
may be approved by the Council;
"Visitor" means the Governor of Delta State of Nigeria.
Section 3
3. Establishment of the College.
(1) There is hereby established in the State an Institution to be known as the Delta State
College of Health Technology, Ovrode.
(2) The College shall:
(a) be a body corporate with perpetual succession and a common seal;
(b) have powers to sue and be sued in its corporate name; and
(c) be capable of acquiring, holding, managing and disposing properties whether
movable or immovable for the purpose of discharging its objectives and functions
under this Law.
Section 4
4. Objectives of the College.
The objectives of the College shall be:
(a) to provide for the training of middle level healthcare providers, for the needs of
primary, secondary and tertiary levels of health care delivery system of the State;
(b) to provide courses of study, training and research in health technology,
environmental health services and other related health services, leading to the
award of Ordinary National Diploma, Higher National Diploma and other Diploma or
Certificate, as may be determined by the Council;
(c) to provide avenue for continuing education in health and related fields; and
(d) to provide avenue for health curriculum development.
Section 5
5. Powers and Functions of the College.
(1) The College shall be both a teaching and examining body and shall, subject to the
provisions of this Law, relevant statutes, and the Regulations of the College, have the
following functions and powers to:
(a) provide rules and conditions under which persons may be admitted as students
of the College for a particular course of study provided by the College in accordance
with rules and regulations of the relevant accreditation Board;
(b) institute and award Ordinary National Diploma and Higher. National Diploma,
Certificates, Scholarships, Fellowships, Exhibitions, Bursaries, Medals, Prizes and
other titles, distinctions, awards and other forms of assistance to students and other
persons deserving both in learning and character;
(c) make provisions for research, dissemination of knowledge, design,
development, testing, advisory and consultancy services, and in promoting these
functions, to enter into such arrangements with other institutions or public bodies as
may be desirable and to charge the users of such services fees as may be necessary;
(d) establish departments and such other units of learning and research as the
purpose of the College may require;
(e) institute such offices and posts as the objectives of the College may require and
to appoint persons, prescribe their conditions of service as well as removal when
necessary;
(f) establish and maintain libraries, laboratories, workshops, lecture halls, halls of
residence, dining halls, sports fields, and other buildings or facilities that may be
required in connection with the execution of any of the objectives of the College;
(g) provide and maintain residence, recreation and welfare facilities for members of
Staff of the College as may be deemed necessary;
(h) fix, demand and receive money from any student or any other person attending
the College as tuition, boarding and ancillary fees as the College may from time to
time determine, subject to control exercised by the Visitor through the
Commissioner;
(i) supervise and control the halls of residence or any other residence provided by
the College and prescribe rules for the discipline of the students and to provide for
their health and general welfare;
(j) hold or arrange examinations for the grant of diplomas, certificates and
distinctions to students who have pursued relevant courses of study approved by the
College and have satisfied such other requirements as may be laid down;
(k) accept gifts, legacies, donations and endowments in furtherance of its
objectives given on its approved terms and conditions;
(l) print or publish works of research or undertake services as may be deemed
consistent with the objectives of the College;
(m) borrow, subject to any control exercised by the Visitor through the
Commissioner, whether at interest or not and if need be, upon the security of
property; movable and immovable of the College, such monies as the Council may
from time to time find necessary or expedient to borrow, subject to the condition that
the total of such borrowing shall not exceed fifteen percent (15%) of the current
approved annual expenditure;
(n) approve all appointments, promotions, postings and discipline of all academic
and non-academic Staff;
(o) register associations, clubs and student unions operating in the College; and
(p) do all such other acts and things incidental to the foregoing functions as may
advance the objectives of the College.
(2) Without prejudice to the provisions of the foregoing subsection the College may, by
special arrangement, affiliation or agreement with the West Africa Health Examinations
Board, National Community Health Practice Board and other relevant bodies and
institutions, prepare its students for Diploma Certificates or other distinctions that may be
approved by the Academic Board and the Governing Council.
(3) Subject to the provisions of this Law, the powers conferred on the College by
subsection (1) of this Section shall be exercised on behalf of the College by the Council or
in any manner which may be authorised by this Law.
Section 6
6. Convocation.
There shall be a convocation of the College which shall be an assembly of the College
convened for the purpose of conferring Diplomas, Certificates, Awards or other academic
titles and distinctions of the College.
Section 7
7. Establishment and Remuneration of the Council.
There is hereby established for the management of the affairs of the College, a Governing
Council which shall operate on part-time basis with allowances or remunerations
commensurate with that of similar Institutions in the State.
Section 8
8. Composition of the Council.
The Council shall comprise the following members:
(a) The Chairman, who shall be appointed by the Visitor;
(b) Statutory members as follows:
(i) a representative of the Ministry of Health not below the rank of a Director,
(ii) a representative of the Ministry' of Higher Education not below the rank of a
Director,
(iii) the Provost of the College,
(iv) two Heads of Departments of the College in rotation of 2 (two) years each; and
(c) Two other members to be appointed by the Visitor to represent the public
interest; one (1) from each of the other two (2) senatorial districts of the State other
than that of the Chairman.
Section 9
9. Tenure of Office.
The Chairman and the two other members of the Council appointed by the Visitor shall
hold office for a period of 3 (three) years from the date of their appointment and shall be
eligible for reappointment for another term of 3 (three) years only and no more.
Section 10
10. Cessation of Membership of Council.
A member of Council other than a Statutory Member shall cease to be a member if:
(i) he dies; or
(ii) he resigns his Office by notice in writing addressed to the Governor; or
(iii) the period of his appointment has expired; or
(iv) he is convicted of a criminal offence involving fraud, dishonesty or moral turpitude; or
(v) he is removed by the Visitor on the ground of misconduct or inability to perform the
functions of his office or for any other cause.
Section 11
11. Vacancy.
Any vacancy occurring in the membership of the Council shall be filled by the appointment
of a successor who shall represent the same senatorial district as his predecessor for the
remainder of the term of the predecessor.
Section 12
12. Powers and Functions of the Council.
Subject to the other provisions of this Law, the Council shall be the governing authority of
the College with powers to:
(a) make, amend or revoke policies, rules and resolutions in the direction and
regulation of the affairs of the College and shall have power to do anything which in
its opinion is calculated to facilitate the carrying out of the purpose and interest of
the College;
(b) have custody and control of the properties and finances of the College;
(c) approve the College curriculum from time to time in accordance with and after
consultation with appropriate research, accreditation and professional bodies, and
other relevant stakeholders;
(d) consider and approve results forwarded to it by the Academic Board;
(e) 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 committees;
(f) delegate, as the case may be and as it deems necessary, ail or any of its powers
not exclusively to be exercised by the Council itself, its Chairman or Provost; and
(g) consider the annual budget and the annual report, and submit them to the
Commissioner who shall forward same to the Governor for consideration and
approval not later than three months before the end of the financial year.
Section 13
13. Secretary of the Council.
(1) The Registrar shall be the Secretary of the Council and shall attend all meetings
thereof unless excused for good cause by the Chairman.
(2) In the absence of the Registrar, the Chairman may in consultation with the Provost
appoint a suitable member of the Administrative Staff to act as Secretary for any of the
particular meeting.
Section 14
14. Procedure of meetings.
(1) The Chairman, or in his absence the Provost, may at any time direct the Secretary to
summon a meeting of the Council.
(2) Any 3 (three) members of the Council may by notice in writing signed by them
request the Chairman to summon a special meeting of the Council for the purposes set out
in such notice and the Chairman shall thereupon order a special meeting to be summoned.
(3) The Council shall meet at such time and place as the Chairman may appoint
provided that the Council must hold at least a meeting in every quarter and shall not
exceed four meetings in each academic year save for overwhelming reason(s).
(4) The Chairman of the Council shall, if present, be the Chairman of the meeting. In the
absence of the Chairman or if the Office of the Chairman is vacant, members of the Council
who are present shall choose one of their members to be the Chairman of the meeting.
Section 15
15. Co-opted Members.
Where upon any special occasion the Council desires to obtain advice or any special
information from any person on any particular matter, the Council may co-opt such
person(s) to be member(s) of such meetings and may be required that such person(s)
whilst so co-opted shall have all the rights and privileges of a member save that he shall
not be entitled to vote on any issue.
Section 16
16. Quorum.
Five (5) members of the Council including the Chairman or in his absence, the person
appointed to act as Chairman, shall constitute a quorum.
Section 17
17. Voting.
(1) Every question, or issue to be resolved at any meeting of the Council or anybody
established under this Law shall be determined by a simple majority of the members
present and voting.
(2) Every member present at any meeting and having a voting right shall have one vote
but in the case of a tie the Chairman of the meeting shall have a casting vote.
Section 18
18. Records.
(1) The Secretary shall keep an accurate record of the minutes of the Council?s
proceedings in the minutes? book provided for such purpose.
(2) The minutes of every meeting shall be signed by the Chairman of the meeting and
the Secretary after it has been adopted at the next meeting.
Section 19
19. Delegation of Council?s Responsibilities.
The Council may appoint committees to which it may delegate any of its responsibilities
and functions.
Section 20
20. Academic Board.
There shall be an Academic Board for the College which shall have direct control over the
academic affairs of the College.
Section 21
21. Composition of the Academic Board.
The Board shall comprise:
(a) Provost - Chairman
(b) Deputy Provost - Member
(c) Heads of Academic Departments of the College - Members
(d) College Librarian - Member
(e) Registrar of the College - Secretary
Section 22
22. Functions of the Academic Board.
(1) Subject to the overall control and direction by the Council, the Academic Board shall
perform the following functions:
(a) direct and manage all academic matters of the College including the regulations
for admission, conduct of examinations and all formalities relating to registration
and/or licensing with relevant regulatory and accreditation bodies;
(b) confirm examination results and certificates, scholarships or any other
academic distinctions;
(c) make recommendations to the Council for the award of diplomas, certificates,
prizes and such other distinctions as may be prescribed in connection with such
examinations;
(d) make recommendations to the Council for the establishment of academic
programmes, departments and units of learning and research in the College,
organize and control the Departments in the College and allocate responsibilities for
the different branches of learning;
(e) be responsible for making arrangements for the convening of conferences,
seminars, the provision of in-service training, workshops, research and training
facilities for both academic staff and students of the College;
(f) prepare the curriculum to be followed by the various courses, discipline or
departments in line with prescribed standards set by the relevant accreditation and
regulatory bodies or authorities and ensure strict compliance to the academic
standards so prescribed;
(g) publish all examination results approved by the Council;
(h) make regulations for the purpose of exercising any of the functions conferred
on it under the provisions of this subsection;
(i) make periodic reports on such academic matters as it considers necessary to
the Council; and
(j) perform such other functions as the Council may from time to time direct.
(2) The Academic Board may appoint sub-committees to advise it and to which it may
delegate any of the functions conferred on it under this Section; Provided that the
Academic Board shall not delegate to any sub-committee its power to confirm examination
results and certificates, scholarships or any other academic distinctions.
Section 23
23. Appointment, Promotion and Disciplinary Committee and functions.
(1) The Council shall appoint a Committee to be known as the Staff Appointment,
Promotion and Disciplinary Committee, consisting of:
(a) A Member of the Council representing public interest as Chairman;
(b) the Provost;
(c) two other members of the Council to be selected by the Council;
(d) one of the Heads of Department on a rotational basis to be determined by the
Council;
(e) one of the Deputy Heads of an Academic Department different from the
department in paragraph (d) of this subsection on a rotational basis to be determined
by the Council; and
(f) Registrar of the College as Secretary.
(2) The functions of the Committee shall be to:
(a) advise and recommend to the Council, the numbers, qualifications and
categories of staff to be appointed or promoted;
(b) publish, organise and conduct appointment and promotion interviews for the
staff other than the Principal Officers of the College and make appropriate
recommendations to the Council;
(c) act as the Disciplinary Committee of the Council to consider disciplinary cases
against staff, other than the Principal Officers of the College that may be referred to
the College?s Management and to make appropriate recommendations to the
Council;
(d) act as an arbiter in disputes referred to it between staff, between students,
between staff and students' of the College and between staff or students of the
College and other persons not of the College;
(e) investigate all cases of examination malpractice and recommend appropriate
sanctions for the Council's approval; and
(f) perform such other functions as the Council may from time to time refer to it.
(3) The quorum shall be five (5) members.
(4) Subject to any directive given by the Council, the Committee may regulate its own
proceedings.
Section 24
24. Provost.
(1) There shall be a Provost for the College who shall be the chief academic and
executive officer of the College and shall be responsible for the day to day administration
of the affairs of the College.
(2) The Provost shall hold at least a Masters degree in Health Science and Technology or
other related fields with not less than twelve (12) years cognate experience.
(3) The Provost shall be appointed by the Visitor on the recommendation of the Council,
through the Commissioner, from among persons of academic eminence, not below the
status of a Chief Lecturer in the College or Senior Lecturer of a University, on such terms
and conditions as may be specified in his instrument of appointment.
(4) Subject to the provisions of this Law, the Provost shall not be more than 60 years of
age at the time of his appointment and shall hold office for a single term of 5 (five) years
and no more.
(5) Subject to the provisions of this Law, the Provost shall in collaboration with the
Appointment, Promotion and Disciplinary Committee exercise authority and discipline over
the staff and students of the College.
Section 25
25. Deputy Provost.
(1) There shall be a Deputy Provost for the College who shall assist the Provost in the
day to day administration of the College and shall be a Masters degree holder not below
the rank of a Principal lecturer.
(2) The Deputy Provost shall be appointed by the Council from the Academic Board on
the recommendation of the Provost, after due consultation with the Academic Board on
such terms and conditions as may be specified in his instrument of appointment.
(3) The Deputy Provost shall hold Office for a term of 2 (two) years and shall be eligible
for re-appointment for a second term of 2 (two) years and no more.
Section 26
26. Registrar.
(1) There shall be a Registrar for the College who shall be responsible to the Provost for
the general administration of the affairs of the College.
(2) The Registrar shall be appointed by the Council and shall not be below the level of an
Assistant Chief Administrative Officer who shall hold a Masters degree in any of the
disciplines of Social Sciences or Humanities with not less than 10 (ten) years cognate
experience.
(3) A person holding the Office of the Registrar shall by virtue of that Office be the
Secretary of the Council and Academic Board.
(4) The Registrar shall hold office on such terms and conditions as may be specified in
his instrument of appointment and for a single term of 5 (five) years and no more.
(5) The Registrar shall render all necessary secretariat services in respect of meetings,
advice on compliance of meetings with applicable rules and regulations, and carry out
such administrative and other secretariat duties as may be directed by the Council.
Section 27
27. Bursar.
(1) There shall be a Bursar for the College who shall be responsible to the Provost for the
financial administration of the College.
(2) The Bursar shall be appointed by the Council on such terms and conditions as may
be specified in the instrument of appointment and shall be a member of ICAN or ANAN not
below the level of an Assistant Chief Accountant with 10 years cognate experience.
(3) Subject to the provisions of this Law, the Bursar shall hold office for a single term of
five (5) years and no more.
Section 28
28. Librarian.
(1) There shall be a Librarian for the College who shall be responsible to the Provost for
library services of the College.
(2) The Librarian shall be appointed by the Council on such conditions and terms as may
be specified in the instrument of appointment and shall be a certified Librarian of the
Librarians? Registration Council of Nigeria (LRCN).
(3) The Librarian shall hold a degree in Library Science with not less than 10 (ten) years
cognate experience and shall hold Office for a single term of 5 (five) years and no more.
Section 29
29. Departments/Head of Department.
(1) The College shall be organised into Departments as the Council may from time to
time approve.
(2) There shall be in each Department, a Head of Department who shall perform the
duties and functions which the Provost may from time to time assign to him.
(3) The Head of Department shall hold at least a Masters degree in a relevant discipline
and shall be appointed by the Council from amongst the lecturers of the College in that
discipline not below the rank of an Assistant Chief Lecturer by the Council subject to the
recommendation of the Appointment, Promotion and Disciplinary Committee.
(4) The Head of Department shall hold office for a period of 2 (two) years and shall be
eligible for re-appointment for another term of 2 (two) years and no more; Provided that a
Head of Department who has served 2 (two) terms may be appointed after an interval of
not less than 5 (five) years.
(5) The Head of Department shall exercise general superintendence over the academic
and administrative affairs of the Department and shall be responsible to the Provost.
(6) The Head of Department shall perform the following functions:
(a) supervise and coordinate all academic activities of the Department;
(b) supervise the lecturers in the Department in the performance of their duties;
and
(c) perform any other duty as may be assigned by the Provost through the Head of
Department.
Section 30
30. Deputy Head of Departments.
(1) There shall be in each Department a Deputy Head of Department who shall hold at
least a Masters degree and shall be at least a Principal Lecturer in the College, appointed
by the Provost in consultation with the Head of Department for a term of 2 (two) years and
may be eligible for re-appointment for another term of 2 (two) years.
(2) The Deputy Head of Department shall be responsible to the Head of Department and
shall assist the Head of Department to discharge the functions of the Office and act in
his/her absence.
Section 31
31. Director of Works.
There shall be for the College a Director of Works who shall be a degree holder in
Engineering, Environmental Science or other related fields with not less than 5 (five) years
cognate experience and shall be responsible to the Provost for the maintenance of the
College buildings and other physical facilities, minor works, maintenance of College
vehicles and supervision of College projects in collaboration with other persons appointed
by the State Government to do so.
Section 32
32. Director of Medical Services.
There shall be for the College, a Director of Medical Services who shall be a holder of MBBS
with not less than 5 (five) years cognate experience and shall be responsible to the Provost
for the administration of the College Clinic and the co-ordination of the College's health
services.
Section 33
33. Appointment of Staff.
(1) All Senior Staff on Consolidated Polytechnics and Colleges of Education Academic
Staff Salary Structure (CONPCASS) 02-09 and Consolidated Tertiary Educational Institution
Salary Structure (CONTEDISS) 07 and above shall be appointed and promoted by the
Appointment, Promotion and Disciplinary Committee, subject to the approval of the
Council.
(2) The power to appoint staff on Consolidated Tertiary Educational Institution Salary
Structure (CONTEDISS) 01-06 shall be vested in the Provost but this function may be
exercised on his behalf by the Registrar of the College to be assisted by an appropriate
committee; Provided that all such appointments shall reflect the geographical spread of
the State.
Section 34
34. Deployment of Staff.
All professional staff seconded or deployed to the College following the procedure
applicable in respect of the secondment or deployment of officers of the Public Sendee of
the State shall have the option to transfer their services to the College or not.
Section 35
35. Financial Autonomy.
The Council created under this Law shall not have financial autonomy and shall route all
matters of financial income and expenditure of the College for the approval of the Visitor
by way of recommendation by a Memorandum for that purpose through the Commissioner.
Section 36
36. Property of the College.
The Visitor may by order published in the Gazette, transfer all or any of the property
whether moveable or immovable, held, used, or being applied for the purpose of the
College to the College and as from the date of such order, any property transferred under
the order shall vest in the College and shall be used for the purpose for which the College
was established.
Section 37
37. Power to acquire and hold Property.
(1) The Council may on behalf of the College acquire and hold such movable or
immovable property as may be necessary or expedient for the carrying into effect of the
provisions of this Law.
(2) Subject to Section 35 of this Law, the Council may on behalf of the College invest the
funds of the College in such manner and to such extent as it may think necessary or
expedient.
(3) Subject to the provisions of this Law, the Council may on behalf of the College enter
into, vary, perform or cancel such contracts as may be necessary or expedient for carrying
into effect the provisions of this Law.
Section 38
38. Revenue of the College.
The revenue of the College shall include:
(a) revenue from time to time accruing to the College by way of Government
grants, subvention or endowment or other forms of grant-in-aid;
(b) fees and levies charged by the College and payable by students;
(c) any other money charged or dues recoverable by the College;
(d) receipts for publications or services;
(e) interests on investments; and
(f) donations and legacies.
Section 39
39. Annual Estimates.
Before the end of each financial year, or a such other time as may be required by the
Council, the Provost shall present for scrutiny and acceptance in whole or in part by the
Council, estimates of revenue and expenditure for the ensuing financial year and the
acceptable estimates shall be presented to the Commissioner who shall cause same to be
placed before the Visitor for consideration and approval.
Section 40
40. Auditing of Accounts.
The Auditor-General of the State shall have the right of access to the books, accounts and
vouchers of the College and shall be entitled to such information and explanations as he
may deem necessary for the audit of the College accounts.
Section 41
41. Statement of Revenue and Expenditure.
(1) There shall be prepared a statement of revenue and expenditure during the previous
financial year together with a statement of assets and liabilities of the College as at the
last day of the financial year.
(2) The statements which shall be duly certified by the Provost, shall be audited and
after verification by the Council, shall together with the auditor?s report, be forwarded to
the Commissioner who shall cause same to be placed before the Visitor.
Section 42
42. Finance and General Purpose Committee and functions.
(1) The Council shall appoint a Committee to be known as the Finance and General-
Purpose Committee consisting of:
(a) Chairman of the Governing Council who shall be Chairman of the Committee;
(b) Provost of the College;
(c) Two members of the Council;
(d) A representative of the Ministries of Finance, Higher Education and Health, not
below the rank of a Director; and
(e) Registrar of the College.
(2) The Committee shall take decisions on the properties, revenue and expenditure of
the College.
(3) The quorum shall be five, including the Provost.
Section 43
43. Visitor of the College.
(1) The Governor shall be the Visitor of the College.
(2) In addition to other powers and functions conferred upon him under this Law, the
Visitor shall, as he may consider necessary, conduct a visitation of the College in person or
after consultation with the Commissioner direct that a visitation shall be conducted by
such persons in respect of the affairs of the College as he may specify in the direction.
(3) It shall be the duty of the bodies and officials in the College to:
(a) make available to the Visitor and to any other person(s) conducting an
investigation in pursuance of this section, such facilities and assistance as may
reasonably be required for the purpose of the visitation; and
(b) give effect to any instruction consistent with the provisions of this Law which
may be given by the Visitor in consequence of a visitation.
(4) Nothing in this section, shall prevent the Visitor from setting up a commission of
inquiry to investigate such matters as may appear to him to require investigation whether
in consequence of facts disclosed in a visitation or not, and for the purpose of such inquiry,
the provisions of the Commission of Inquiry Law in force for the time being in the State,
shall apply.
Section 44
44. Dispute Resolution.
(1) In the event of any dispute arising at any time in the College, the matter may be
referred to the Visitor for resolution.
(2) The resolution of the Visitor on any matter referred to him under this Section shall be
final and binding upon authorities, staff and students of the College.
(3) Where any question as to the meaning of a provision of statute or regulation has
been decided by the Visitor under this section, no question as to the meaning of that
provision shall be entertained except by a court of Law.
(4) The provision of this section shall apply in relation to any doubt or dispute as to
whether a matter is for the purpose of this Law, an academic or a non-academic matter.
Section 45
45. Removal of members of Council.
(1) If it appears to the Council that a member of Council should be removed from office
on the ground of misconduct or inability to perform the functions of his/her Office, the
Council shall make recommendation to that effect through the Commissioner to the Visitor,
who after making such inquiries may in writing signed by him or anyone he authorises,
remove such a person from office.
(2) A copy of the Visitor?s direction under subsection (1) of this Section shall be served
on the affected member.
Section 46
46. Removal and discipline of Senior Staff and others.
(1) Where it appears to the Provost that there is an act or omission on the part of a
senior staff which amounts to gross misconduct and is prejudicial to the interest of the
College, he shall submit the particulars of the misconduct to the Council.
(2) If it appears to the Council that there are reasons for believing that a staff concerned
should be removed from his/her office or employment on the grounds of misconduct or an
inability to perform the functions of his/her office or employment, the Council shall:
(a) give notice of those reasons to the person in question;
(b) afford him/her an opportunity of making representation on the matter to the
Council;
(c) if he or any 3 (three) members of the Council so request within the period of 1
(one) month beginning from the date of the notice, make arrangement for:
(i) a joint committee of the Council and the Board to investigate the matter and
report on it to the Council; and
(ii) the person in question to be afforded an opportunity of appearing before it and if
the Council after considering the report of the investigating committee is satisfied
that the person in question is guilty, that person shall be removed by an instrument
in writing signed by the Registrar on the direction of the Council.
(3) The Council may suspend or terminate the appointment of any staff on the ground
of:
(a) 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/her office; or
(b) 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 office; or
(c) conduct which the Council considers to constitute failure or inability of the
person concerned to discharge the functions of his/her office or to comply with the
terms and conditions of his/her service; or
(d) conduct which the Council considers to be generally of such nature as to render
the continued service of the person concerned, prejudicial or detrimental to the
interest of the College.
(4) A person suspended pursuant to subsection (3) of this Section shall be on half pay
and the Council shall before the expiration of a period of three months after the date of
suspension, consider the case against that person and come to a decision as to whether:
(a) such staff shall continue with such suspension and if so on what terms
(including the proportion of the emoluments to be paid to him); or
(b) to reinstate such staff; or
(c) to terminate the appointment of such staff concerned; and
(d) where the Council, pursuant to this Section decides to continue a staff
member's suspension or decides to take further disciplinary action, the Council shall
before the expiration of a period of 3 (three) months from such decision come to final
determination in respect of the case concerning such staff.
(5) Any decision taken by the Council pursuant to this Section shall be served on the
staff member to whom it relates.
(6) Nothing in the foregoing provisions of this Section shall prevent the Council from
making regulations for the discipline of other categories of staff and workers of the
College.
Section 47
47. Suspension or removal of the Provost.
The Provost may be suspended or removed from Office by the Visitor for reasons of gross
misconduct or inefficiency on the recommendation of the Council.
Section 48
48. Student discipline.
(1) The Council shall draw up regulations in respect of the discipline, suspension or
expulsion of students on the grounds of serious misconduct.
(2) Subject to the provisions of subsection (1) of this Section or where it appears to the
Provost that any student of the College has been found guilty of misconduct, the Provost
may on recommendation of the Academic Board and without prejudice to any other
disciplinary powers conferred on him by this Law or by the Council direct that:
(a) the student shall not, during such period as may be specified in the direction,
participate in such activities of the College or make use of such facilities of the
College as may be specified; or
(b) the activities of the student, shall during such periods as may be specified in
the direction be restricted in such manner as may be specified; or
(c) the student be expelled from the College; or
(d) the student be advised to withdraw from the institution.
(3) The Provost may delegate his/her powers under this Section to a disciplinary body
consisting of such members as he may deem fit.
(4) Where a decision/direction is given under subsection (2) (c) or (d) of this Section in
respect of any student, the student may, within thirty days appeal against the
decision/direction to the Council and when such an appeal is brought, the Council shall
after causing such an inquiry to be made in the matter as the Council considers just, either
confirm or set aside the direction or modify it in such a manner as the Council deems fit.
(5) An appeal against a decision brought pursuant to subsection (4) of this Section shall
not operate as a stay of any direction made by the Provost.
(6) Nothing in this Section shall be construed as a ground for preventing the restriction
or termination of a student?s activity in the College other than on the ground of
misconduct.
Section 49
49. Authentication.
(1) The Registrar shall have custody of the Common Seal of the College and shall be
responsible for affixing same to documents.
(2) The common seal of the College shall not be used save upon the directions of the
Council and shall be authenticated by the signature of the Provost and the Registrar.
(3) A document purporting to be a document, executed under the Seal of the College as
aforesaid shall be received in evidence as such unless the contrary is proved.
(4) A contract or instrument which if made or executed by a person not being a body
corporate, would not be required to be under seal may be made or executed on behalf of
the College by a person generally or specifically authorized to do so by the Council.
Section 50
50. Regulation.
The Council may make, add to, delete or otherwise amend the provisions of a regulation
made with the approval of the Visitor and such provisions shall when so amended be
published in the State Gazette.
Section 51
51. Powers of the Visitor.
(1) The Visitor may, through the Commissioner, give to the Council directions for the
discharge by the Council of their functions in relation to matters appearing to the Visitor to
affect the public interest, and the Council shall give effect to such directions.
(2) The Council shall afford to the State Government facilities for obtaining information
with respect to the property of the College, the functions of the Council and shall furnish
the State Government with returns of accounts and other information with respect thereto
and shall grant access for verification of the information furnished in such manner and as
such times as may be required.
Section 52
52. Standing orders.
(1) Without prejudice to any of the provisions of this Law, the Council may make
Standing Orders with respect to the holding of its meetings, the notices to be given of such
meetings, the proceedings thereat, the keeping of minutes of such proceedings as well as
the custody and production for inspection of such minutes and any other matters that may
be considered or desirable.
(2) The Academic Board and the Finance and General Purpose Committee of the College
may with the approval of the Council, make similar Standing Orders as in subsection (1) of
this Section and without prejudice to the generality of the said subsection, the Standing
Orders may make provisions for special meetings and elections of a temporary Chairman.
Section 53
53. Service in the College.
Service in the College shall be approved service for the purposes of the Pensions Law and
accordingly, staff of the College shall be entitled to pensions, gratuities, and other
retirement benefits as are enjoyed by persons holding equivalent grades in the Public
Service of the State.
Section 54
54. Mode of Service.
Any notice or other instrument authorized to be served by virtue of this Law may, without
prejudice to any other mode of service, be served by post to the Registrar of the College.
Section 55
55. Conflict Provision.
In the event of any statute or regulation being inconsistent with the provisions of this Law,
the statute or regulation shall to the extent of that inconsistency be void.
Section 56
56. Validation.
Anything done or purportedly done in furtherance to and in connection with the
establishment of the College before this Law is hereby validated.
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