Delta State College of Physical Education, Mosogar Law

DELTA STATE COLLEGE OF PHYSICAL EDUCATION, MOSOGAR LAW

1. Short title and commencement. This Law may be cited as the Delta State College of Physical Education Mosogar Law 2002 and shall come into force on the 1st day of January 2002.

2. Interpretation. In this Law: ?"Academic Board"? means the Academic Board of the College. "?Academic Year"? means such period not exceeding twelve consecutive months as the College may from time to time prescribe. "?Agreement"? means the agreement dated 10th September, 2001 between the Government and the University "?Appropriation Law?" means Appropriation Law of the State and includes Supplementary Appropriation Law. ?"College"? means the Delta State College of Physical Education, Mosogar established under section 3 of this Law. ?"Commissioner"? means the Commissioner for Education. "?Congregation"? means a body of staff of the College made up of the Provost, the Deputy Provost, full time members of the academic staff, persons holding such other appointments at the College as the Council may from time to time determine. "?Council"? means the Governing Council of the College. "?Financial Year?" means the period commencing and ending on the first and last day respectively of each year. "?Governor"? and "?Government"? respectively mean the Governor and Government of Delta State. "?Head of School"? means the head of a designated Conglomerate of related academic units or departments of the College so designated by the Governing Council. "?Provost?" means the executive Head of Academic Administration of the College "Registrar" means the Registrar of the College. "State" means Delta State. "Students" means the duly registered students of the College of Physical Education. "Transitional Period" means that period of interim administration set out in Part IX of this Law. "University" means the University of Westminster. "Visitor" means the Governor of Delta State.

3. Establishment of the College. (1) There is hereby established in the State an institution to be known as the “Delta State College of Physical Education, Mosogar (hereinafter referred to as “the College”) and shall strive to be a centre of excellence in the provision of its courses of study in Physical Education and/or training services. (2) The College shall be a body corporate 3 with perpetual succession, a common seal with power to sue and be sued in its corporate name, hold and dispose of property whether moveable or immoveable for the purposes of its functions under this Law.

4. Constitution of the College. The College shall consist of: (a) the Visitor; (b) the Chairman of the Council; (c) the Provost; (d) the Council; (e) the Academic Board; (f) the Congregation; (g) the Schools/Faculties and other teaching or research units; (h) the holders of the offices created under Part IV of the Law that are not mentioned in the foregoing provisions of this section; (i) all graduates and students; and (j) any holder of an office, authority, unit, department, post or status created under this or any other law of statute of the College.

5. Objects and functions of the College. (1) The objects of the College shall be to: (a) encourage the advancement of learning, and to hold to all persons especially Deltans,without distinction of race, creed, ethnic background, sex or political conviction of the opportunity of acquiring education; (b) provide courses of instruction and other facilities for the pursuit of learning and skills acquisitions in physical education, athletics, coaching and all forms of sports in general; (c) undertake any other activity appropriate for a College of physical education of the highest standard. (2) In pursuance of its objective, the College shall, as its resources permit, provide facilities for such academic and or training programmes it thinks desirable, including the following: (i) courses of instruction on full time, part time or distant learning basis leading to the award of National Certificate in physical education and related certificates in other subjects considered relevant to the objectives of the College from time to time; (ii) innovation, creativity and the conduct of excellence in sports and athletics; (iii) cooperative work in the development of indigenous methodology in harnessing and developing sporting skills and the adaptation of imported methodologies; (iv) the promotion of positive values leading to the appreciation of indigenous physiological development methodology; (v) conferences, workshops, seminars, study groups and related activities; (vi) studies and training courses relevant to the manpower needs of Delta State and the country; and (vii) such other activities as may in the opinion of the Governing Council serve to promote the objects of the college.

6. Power and function of the College. For the purpose of carrying out its general objectives as provided in section 5 of this Law, the College shall have power to: (a) establish and develop schools/faculties, departments and other teaching and research units as may from time to time seem necessary or desirable; (b) prescribe in its regulations the conditions (including the conduct of entrance examination of theCollege) under which a person may be admitted as student of the College for a particular course of study in the College and in accordance with rules and regulations of the National Commission for Colleges of Education and National Board for Technical Education; (c) demand and receive from students or any other persons attending the College for the purpose of instruction such fees as the College may from time to time determine; (d) enter into contracts, establish trusts, act as trustees, solely or jointly with any other persons, employ and act through agents; (e) enter into agreement with any other institution for the incorporation of or affiliation with the College, or any other institution; (f) erect, provide, equip, and maintain libraries, workshops, lecture halls, staff houses, halls of residence, refectories, sports grounds, playing fields and other buildings or facilities necessary or convenient for its functions under this Law; (g) hold public lectures, produce and publish for sale works of research and such other works as the college may from time to time think fit, subject to existing copyright laws; (h) accept gifts, legacies, donations and endowments but without obligation to accept the same for a particular purpose unless it approves the terms and conditions attached thereto; (i) borrow, whether at interest or not, 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 of the current approved annual expenditure; (j) prescribe rules and regulations for the discipline of students and staff of the College. (k) arrange and provide for the welfare of the students and staff; (l) make provision for research, design, development, testing, advisory and consultancy service; and in providing these functions, to enter into such arrangements with other institutions or public bodies as may be though desirable and to charge to the users of such services such fees as may be thought necessary; (m) institute and award National and Ordinary diplomas, certificates, scholarships, fellowships, exhibitions, bursaries, medals, prizes and other titles, distinctions, awards and forms of assistance to students and other persons deserving both in learning and character; (n) create posts and offices tenable at the College subject to such conditions of service as the College may make or adopt with respect to such posts or offices as well as power to discipline; (o) do all such things or acts as the College may from time to time deem necessary for carrying out any of its functions under this law; (p) without prejudice to the provisions of section 5 of this Law, the College may by special arrangements of affiliation with other institutions prepare its students for the diplomas or certificates of such other institutions.

7. The establishment of the Governing Council. (1) There is hereby created for the College, a governing council to be known as the “Council”. (2) The Council shall consist of the following members: (a) a Chairman; (b) the Permanent Secretaries of the ministries of: (i) Education; and (ii) Finance Or their representatives; (c) the Provost; (d) the Deputy Provost; (e) a member of the Academic Board of the College elected by that body for 2 years in the first instance and another term of 2 years only; (f) a member representing the Congregation for a period of two years in the first instance and another term of 2 years only; (g) eight other members to be appointed by the Visitor as follows: (i) a representative of the Delta State Chamber of Commerce; (ii) a representative of the Nigerian Society of Engineers; (iii) a representative of one of the other professional bodies; (iv) a representative of the Delta State University (v) two distinguished members of the public; and (vi) a representative of the National Commission for colleges of Education. (3) Except the ex-officio members, the Chairman and other members of the Council shall hold office for a period of four years and may be re-appointed for another four years. (4) The quorum 4 for the meetings of the council shall be one third of the members including the Chairman. (5) The Council shall meet at least three times in any academic year and shall have power to make rules regulating its meetings.

8. Functions of the Council. (1) Subject to the provisions of this Law, the Council shall be the governing body of the College and shall be charged with the general control and superintendence of the policy, finance and property office College. (2) The Council shall co-ordinate and where appropriate harmonise the activities of the College. (3) The Council shall ensure that proper accounts of the College and other records in relation thereto are audited by an independent firm of auditors approved by the Council and that an annual report together with the audited accounts is submitted to the Visitor. (4) The Council may make statutes regulating the constitution and conduct of the College and its authority or any matter connected therewith. (5) The Council may do such other things that are necessary to give full effect to the provisions of this Law.

9. Powers of the Council. The Council shall have power to: (a) formulate policies relating to the affairs and objects of the College and in particular the control of the property and finances of the College and shall also have power to do any thing which in its opinion would facilitate the carrying out of the purposes of the College and promote its interests; (b) appoint committees from among its own members and from other experienced persons where desirable and to delegate to them such of its powers and duties as it deems fit, and make rules for the conduct of the business of the committees; (c) delegate to committees of its own or the Provost such of the Councils powers not required to be exclusively exercised by the Council itself as it deems fit and to make rules for the purpose of exercising any of its functions or regulating its procedure.

10. Allowances for members of the Council. Excepting the principal officers and staff of the College there shall be paid to the members of the Council or any of its committees, sitting and traveling allowances and other reasonable expenses at such rates as may from time to time be fixed in line with resources available to the College.

11. Establishment and membership of Academic Board. (1) There is hereby created the Academic Board (referred to as the Board) which shall have direct control over the academic matters of the College and shall consist of: (a) the Provost; (b) the Provost; (c) the heads of academic units; (d) all senior lecturers of the college: (e) all heads of departments; (f) one member appointed by the Board from the academic staff of delta State University. (g) members of the academic staff that may be elected, the number of which shall not be more than one-third of the members of the Board. (2) The Provost of the College shall be the Chairman at all meetings of the Board and in his absence, the Deputy Provost shall chair the meeting. (3) Appointed or elected members of the Board shall hold office for a period of two years and may be re- appointed or re-elected for another term, provided that an elected or appointed member who had served two terms may be elected or appointed after an interval of not less than five years.

12. Powers of the Board. The Board shall have power to: (a) set up committees from among its own members and delegate to them such of its powers and duties as it thinks fit; (b) set up advisory committees from among, its members and from other experienced persons where it considers it desirable to do so; and (c) make rules for the business of its committees or for the purpose of exercising any of its functions or for regulating its own procedure.

13. Functions of the Board. Subject to the provisions of section 5 of this Law, the Board shall be responsible for: (a) the establishment, organisation and control of the schools, departments and other teaching units of the College, and the allocation of responsibilities to different departments; (b) the organisation and control of course of study and the conduct of examinations thereof including appointment of both internal and external examiners; (c) recommendations for the award of Nigeria Certificates of Education and such other distinctions as may be prescribed in connection with such examinations; (d) the supervision of the welfare of students at the College and regulation of their conduct; and (e) the granting of scholarships, fellowships, bursaries, medals, prizes and similar awards in so far as the awards are within the control of the College.

14. Establishments of the congregation. (1) There is hereby created for the College a Congregation which shall consist of: (a) the Provost; (b) the Deputy Provost; (c) the Librarian; (d) all members of Academic staff; (e) the Registrar; (f) the Bursar; and (g) all members of the administrative staff who hold a degree of any recognised University not being an honorary degree. (2) The Provost shall be the chairman of the Congregation at all its meeting and failing him, the Deputy Provost or such other member appointed by the members present. (3) The quorum of the Congregation shall be two thirds of its members. (4) The Congregation shall meet at least once in an academic year. (5) The Registrar shall be the secretary to the Congregation in all its meetings, and failing him, any member appointed by the members present.

15. Schools/Faculties functions and Departments. (1) Each school established by the Provost shall comprise such number of closely related disciplines as may be prescribed. (2) There shall be established in respect of each school a School Board which shall consist of: (a) the Dean of the School; (b) heads of the departments and sub-units of the School; and (c) all its teaching staff. (3) The Dean shall be Chairman at all meetings of the School Board. (4) Subject to the provisions of this Law and to the direction of the Provost, the School Board shall: (a) regulate the teaching, study and conduct of examinations connected with the subject(s) assigned to the School; (b) deal with any other matter assigned to it by statute or by the Provost or the Board; (c) advise the Provost, or the Board on any matter referred to it by the Provost or the Board. (5) (a) The Board shall in the prescribed manner, from time to time elect from its academic staff a person not below the rank of a principal lecturer to be Dean of the School for a period of two years and may be re- elected for another term, or (b) An Acting Dean may be appointed by the Provost where there is no staff of the prescribed rank of lecturer to hold office until there is available academic staff of the prescribed rank in sub-section (5) (a) above. (6) The Dean of the School shall: (a) exercise general superintendence over the academic and administrative affairs of a School; (b) present to the Convocation for conferment of diplomas or certificates on such persons who have qualified for the award of diplomas or certificates of the College at examinations held in the branches of learning assigned to it. (7) The number of academic departments of the College shall be determined from time to time by the Council on the recommendation of the Board. (8) For each department, a Departmental Board of Studies shall be constituted consisting of: (a) every academic staff of the department who holds a full time post in the College of a grade not lower than that of Assistant Lecturer and with a tenure extending over a period of not less than one year; (b) such member of the academic staff as the College may appoint at the request of the Departmental Board and School Board concerned. (9) There shall be in each department a Head of Department who shall: (a) be at least a principal lecturer; (b) be appointed by the Provost on the recommendation of the Dean for a term of three years and may be eligible for re-appointment for another term of three years. (10) The Departmental Board shall have power to: (a) review the teaching and courses of study in the department and make recommendations to the Board; (b) review the welfare and academic progress of students with whom it is concerned and advise the head of department upon: (i) the financial requirements of the department; (ii) allocation of duties among the academic staff; (iii) the allocation of technical, secretarial and administrative staff; (iv) department development (c) advise on statutes and regulations dealing with courses of study and examination in the field of study it is concerned with.

16. The chairman of the council. (1) The Chairman of the Council shall be appointed by the Visitor. (2) If it appears to the Visitor that the Chairman be removed from office, the Visitor shall exercise his authority to remove him. (3) The Chairman shall hold office for a period of four years with effect from the date of his appointment.

17. Functions of the Chairman of the Council. (1) The Chairman of the Council shall in relation to the College, take precedence over all members of the College except the Visitor and the Provost except when acting as a chairman of congregation or convocation or in the course of performing his academic and executive functions. (2) The Chairman of Council shall chair meetings of the Council or Joint Council Management meetings.

18. 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 be appointed by the Visitor on the recommendation of the Council from among persons of academic eminence of not below the status of 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. (3) Subject to the provisions of this Law, the Provost shall hold office for a period of four (4) years in the first instance and shall be eligible for reappointment for a second term of three years.

19. Deputy Provost. (1) There shall be a Deputy Provost for the College, who shall assist the Provost in the day to day functions of the College. (2) The Deputy Provost shall be appointed by the Council from the Board on the recommendation of the Provost, after due consultation with the Board on such terms and conditions as may be specified in his instrument of appointment.

20. The Registrar. (1) There shall be a Registrar of the College who shall be appointed by the Council and shall be responsible to the Provost for the administration of the affairs of the College. (2) A person holding the office of the Registrar shall by virtue of that office be the Secretary to the Council, the Board and the Congregation. (3) The Registrar of the College shall hold office on such terms and conditions as may be specified in his instrument of appointment.

21. The Bursar. (1) There shall be a Bursar for the College, who shall be appointed by the Council and shall be responsible to the Provost for the financial administration of the College. (2) The Bursar shall hold office on such terms and conditions as may be specified in his instrument of appointment.

22. The Librarian. There shall be a Librarian who shall be appointed by the Council on such terms and conditions as may be specified in the instrument of appointment and shall be responsible to the Provost for the Library services of the College.

23. The Dean of Student Affairs. (1) There shall be established in the College the office of the Dean of Students Affairs who shall be appointed by and be responsible to the Provost. (2) The Dean of Students Affairs who shall not be below the rank of a Chief Lecturer shall hold office for 2 years. (3) There shall in addition be established in the College a Students Welfare Board or Committee made up of such members of staff and student representatives as members with appropriate terms of reference as may be determined by the Board.

24. Director of Sports Management Board. (1) There shall be established in the College a Department of Sports to be headed by a Director of Sports. (2) The Director of Sports who shall be appointed by the Provost shall be a principal officer. (3) There shall be established a Sports Management Board whose Chairman shall be appointed by the Provost after due consultation with the Board.

25. Appointment of Principal Officer. (1) When a vacancy occurs in the office of a Deputy Provost, the appointment shall be made by the Council on the recommendation of the Provost after due consultation with the Academic Board. (2) When a vacancy occurs in any of the offices of the Registrar or Bursar, a Selection Board consisting of: (a) the Chairman of Council; (b) the Provost; (c) two members appointed by the Council not being members of the Board nominated by the Board; (d) two members appointed by the Council not below the rank of a Chief Lecturer; and (e) experts not being members of the College nominated by the Council after due consultation with the Provost. (3) The Selection Board, after making such inquiries as it thinks fit, shall recommend a candidate to the Council for appointment to the vacant office, and after considering the recommendation of the Board, the Council may make an appointment to that office. (4) The said officers shall hold office for such period and on such terms as to the emoluments of their respective offices as may be specified in the instruments of appointment. (5) Any question as to the scope of responsibility of the said officers shall be determined by the Provost.

26. Resignation and re-appointment. (1) Any officer mentioned in the provisions of this Part may resign his office: (a) in the case of the Provost by giving six months notice in writing to the Visitor through the Council, and (b) in any other case, by giving three months notice in writing to the Council.

27. Creation of academic post. Recommendation for the creation of academic posts other than those mentioned in this Law shall be made by the Board to the Council through the Finance and General Purposes Committee to the Council for approval.

28. Filling of academic posts. (1) Subject to this Law and the Regulations, appointment for the filling of vacancies in academic posts shall be the responsibility of the Board except that no new posts may be filled without the approval of the Council. (2) For the purpose of filling such vacancies the Board shall set up a Selection Board to select suitable candidates and make recommendations thereon to the Board and Council. (3) Selection Boards may interview candidates directly or consider their appointments with the assistance of assessors or specialist panels may be deemed appropriate.

29. Appointments and Promotions Committee. (1) Recommendations for the creation of academic posts other than principal officers of the College shall be made by the Board to the Council and the filling of vacancies in such posts shall be the responsibility of the Council. (2) For the purpose of filling such vacancies, there shall be an Appointments and Promotions Committee, which shall interview the prospective candidates and make recommendations to the Council. (3) Subject to subsection (4) of this section, the Appointments and Promotions Committee shall consist of- (a) the Provost who shall be the Chairman; (b) two members of Council to be selected by the Council; (c) four members of the Board to be selected by the Board; and (d) such experts not exceeding two in number as the Board may appoint from time to time. (4) All appointments into Senior Library position shall be made in accordance with the foregoing provisions and the Librarian shall be a member of the Appointments and Promotions Committee.

30. Appointment of technical staff. The administrative and technical staff shall be appointed by the Provost subject to the approval of the Council.

31. Conditions of service. The remuneration and other conditions of service for members of the academic, administrative and technical staff shall be determined in line with any existing structure as may be approved by the Council.

32. The 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 or direct that such a visitation be conducted by such persons in respect of the affairs or such 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 other persons conducting an investigation in pursuance of this section, such facilities and assistance as may reasonably be required for the purpose of a 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 Law 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 Commissions of Inquiry Law in force for the time being in the State shall apply.

33. Dispute resolution. (1) In the event of any dispute arising at any time, 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 binding upon the authorities, staff and students of the College, and where any question as to the meaning of a provision of a 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. (3) The provisions of this section shall apply in relation to any doubt or dispute as to whether a matter is for the purpose of this Law on academic or non academic matter.

34. 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 office, the Council shall make recommendation to that effect through the Commissioner to the Visitor who after making such inquires, may in writing signed by him remove such a person from office. (2) A copy of the Visitor's direction under subsection (l) of this section shall be served on the affected member.

35. 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 member of staff which amounts to 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 office or employment on the grounds of misconduct or of inability to perform the functions of his office or employment, the Council shall: (a) give notice of those reasons to the person in question; (b) afford him an opportunity of making representation on the matter to the Council; and (c) if the staff concerned or any three members of the Council so request within thirty days of the date of the notice, to make arrangements 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 staff in question to be afforded an opportunity of appearing before it and be heard by the investigating committee with respect to the matter; and if satisfied, after considering the report of the investigating committee, that the staff in question should be removed from the office, or employment, shall remove the staff 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 member of staff on 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 office; or (b) conduct of scandalous or other 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 consider 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; or (d) conduct, which the council considers to be generally of such a nature as to render the continued service of the person concerned, prejudicial or detrimental to the interest of the College. (4) A staff suspended pursuant to sub-section (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 such suspension, consider the case against the staff and come to a decision as to whether: (a) the staff shall continue with such suspension and if so on what terms (including the proportion of the emolument 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 the staff’s suspension or decides to take further disciplinary action against the staff, the Council shall, before the expiration of a period of three months from such decision, come to final determination in respect of the case concerning such staff. (5) Any decision taken by the Council pursuant to this section shall be served on the staff 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.

36. Student discipline. (1) The Council shall draw up regulations in respect of the suspension or expulsion of students on grounds of serious misconduct. (2) Subject to the provision of subsection (l) where it appears to the Provost that any student of the College has been guilty of misconduct, the Provost may on the recommendation of the 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 is advised to withdraw from the College. (3) An appeal against a direction brought pursuant to sub-section (2) of this section shall not operate as a stay of any direction made by the Provost. (4) Nothing in this section shall be construed as ground of preventing the restriction or termination of a student’s activity in the College other than on the ground of misconduct.

37. Removal of Dean of Schools. (1) The Dean of a School may be removed from office for misconduct by the votes of two-thirds majority of all the members of the School Board, and in the event of a vacancy occurring following the removal of a Dean, an acting Dean may be appointed by the Provost. (2) Where a vacancy occurs and an acting Dean is appointed in pursuance of subsection (1) of this section a new Dean shall be elected at the next School Board meeting.

38. Misconduct. For the purpose of this Part, “misconduct” includes any act or omission which is scandalous or tends to bring the College into disrepute and includes sale of handouts and other instructional materials to students, award of examination marks for consideration, sexual harassment, insubordination to constituted authority, membership of a secret cult or similar group or body, gangsterism, absenteeism, failure to perform duties, repeated drunkenness or improper comportment, examination malpractices, leaking of question papers or any examination material and such other conduct which the Council may consider as unbecoming of a staff or student of the College.

39. Funds of the College. The revenue of the College shall consist of such sums as accrue to the College by way of - (a) grants; (b) fees charged by and payable to the College by or on behalf of the students; (c) any other amounts, charges, or dues recoverable by or on behalf of the College; (d) interests on investments; (e) donations, legacies or endowments accruing to the College from any source for the general or special purpose of the College, including rents from the letting or hire of any property; and (f) such other monies as may accrue to the College from any other source.

40. Finance and General Purposes Committee. (1) There shall be a committee of the Council to be known as the Financial and General Purposes Committee consisting of: (a) the Chairman of the Council who shall be the chairman of the Committee; (b) the Provost; (c) the Deputy Provost; (d) three other members of Council representing other bodies of the College; (2) The quorum shall be four exclusive of the Provost. (3) Subject to any directives given by the Council, the Committee may regulate its own proceedings.

41. Annual estimates. (1) The Council shall within three months of the end of the financial year, submit, through the Commissioner for the approval of the Visitor, the annual budget showing estimates for revenue and expenditure of the College in respect of the ensuing year. (2) No expenditure shall be incurred by the College except in accordance with the annual estimate contained in the Appropriation Law or Supplementary Appropriation Law the current financial year.

42. Accounts and audited annual reports. (1) The College shall: (a) keep proper accounts of it assets, liabilities, revenue and expenditure for each financial year; (b) prepare an annual statement of accounts containing such particular that show the true financial position of the College. (2) The accounts of the College shall be audited annually. (3) Not later that the month of June every year, the Chairman of the Council shall forward a copy of each of the annual report and audited accounts in respect of the immediate preceding financial year to the Visitor through the Commissioner.

43. Payment into bank. (1) All monies received on account of the College shall be paid into such bank or banks as may be approved by the Council for the credit of the College’s general current or deposit account, provided that the Council may, subject to the provisions of this Law, invest as it deems fit any money not required for immediate use. (2) The Bursar and the Registrar shall be signatories to a bank account of the College.

44. Authentication. (1) The Seal of the College shall be authenticated by both the Provost and the Registrar. (2) A document purporting to be a document executed under the Seal of the College as aforesaid shall be received in evidence and shall unless the contrary is proved, be deemed to be so executed. (3) 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 or executed on behalf of the College by a person generally or specifically authorised to do so by the Council.

45. Power of the College to make rules or regulations. (1) Subject to the Provisions of this Law, the College may make rules or regulations for any of the following purposes: (a) the composition and constitution of any authority or the College; (b) the exercise of power and duties of any authority of the College and regulating performance of any other incidental matters; (c) the admission, discipline and welfare of students, the conditions of service of and cadre of its staff; and (d) other members for which provision is authorised or required by this Law.

46. Mode of exercising the power to make rules or regulations. (1) A proposed rule or regulations shall not be binding unless it has approved at a meeting of the Council and or Board by votes of not less than two-thirds of members present and voting. (2) For the purpose of sub-section (1) of this section a proposed rule may first be introduced the Council or Board.

47. Appointment of committees. (1) Any body established by this Law may, without prejudice to the Committees generality of its powers, appoint a committee which may not consist exclusively of its members, and authorise such committee: (a) to exercise, on its behalf, such of its functions as it may determine; (b) to co-opt members and direct whether or not such co-opted members (if any) shall be entitled to vote in that committee. (2) Two or more of such bodies may arrange for the holding of joint meetings of those bodies for the appointment of committees consisting of members of those bodies, for the purpose of considering a matter within the competence of those or any of them and either of dealing with it or reporting on it to those bodies or any of them. (3) Except as may be otherwise provided by statutes or regulations, the quorum and procedure of a committee established or meeting held in pursuance of this section shall be such as may be determined by the body or bodies which have decided to establish the Committee or hold the meeting. (4) Nothing in the foregoing provisions of this section shall be construed as enabling: (a) statutes to be made otherwise than in accordance with this Law; or (b) Any other body to make regulations or to award degrees or other qualifications otherwise than in accordance with this Law. (5) The Chairman of Council and the Provost shall be members of every committee of which the members are wholly or partly appointed by the Council (other than a Committee appointed to inquire into the conduct of the officer in question) and the Provost shall be a member of every committee of which the members are wholly or partly appointed by the Board.

48. Validity of proceedings. The validity of any proceedings of a body established in pursuance of this Law, shall not be affected by vacancy the membership of the body or defect in the appointment of any member of the body, or by reason that a person not entitled to do so took part in the proceedings.

49. Mode of service. Any notice or other instrument authorised to be served by virtue of this Law may, without prejudice to any other mode of service, be served by post on the Registrar.

50. Conflict of provisions. In the event of any statute or regulation made by the Council being inconsistent with the provisions of this Law, such shall, to the extent of its inconsistency be void.

51. Validation. Any thing done or purportedly done in furtherance to and in connection with the establishment of the College before this Law is hereby validated.

52. Establishment of Interim Advisory Team. (1) There shall be established a body known as the “Interim Advisory Team” which shall perform the specific functions and duties on its part contained in the Agreement dated 10 th September, 2001 including any other supplementary agreement duly executed between the Government and the University (the Agreement), namely: (a) approval of the process of recruitment of core staff in the College; (b) advising the Project Management Team in the planning process of setting up and establishing the College; (c) considering and approving the annual implementation plans produced by the Project Management Team; (d) contributing to the bi-annual review process; (e) liaising with the National Board of Technical Education and other relevant federal bodies; (f) insuring strict compliance by the college with the existing polices on higher education in the Federation. (2) The bodies, authorities, holders of offices established by this Law shall perform their duties under the directive of the Interim Advisory Team during the transitional period.

53. Composition of Interim Advisory Team. The Interim Advisory Team shall consist of: (a) five nominees of the Government of Delta State; (b) the Director in charge of higher education in the Ministry of Education; (c) four nominees of the University of Westminster, namely Head of Support for international Partnerships and Projects, Deputy Vice Chancellor (International), Doctor of Finance and Director of IEO; and (d) the Project Manager appointed in the Agreement.

54. Project Management Team. (1) There shall be a Project Management Team consisting of: (i) a Project Manager to be appointed by the University; (ii) a Computer and Information Technology expert to be appointed by the University; (iii) two technical advisers, namely Adviser 1 and Adviser 2; (iv) a project administrator to be appointed by the Government; and (v) the Provost of the College and Rectors of the Delta State Polytechnics at Otefe, Ogwashi- Uku and Ozoro. (2) The Project Management Team shall perform the specific functions and duties on its part contained in the Agreement relating the project of setting up and establishing the College, namely: (a) developing and implementing annual plans for the College and Polytechnics; (b) managing international technical assistance in setting up the College; (c) providing logistical support for the international technical assistance; (d) ensuring that project targets in the output areas outlined in the project documents relating to the College and the Polytechnics are achieved; (e) managing financial inputs within the project; and (f) ensuring that bi-annual project progress reports are produced for the bi-annual reviews by the Interim Advisory Team.

55. Allowances. Nominees of the Government in both the Interim Advisory Team and the Project Management Team shall be paid such sitting and traveling allowances as approved by the Governor within the resources available to the Teams but in any event, not exceeding the approved rates applicable in the Civil Service of the State.

56. Annual budget of Interim Advisory Team. For the purpose of funding its activities, the Interim Advisory Team shall submit and annual budget or estimates of its financial requirements from year to year through the Commissioner to the Government for approval and inclusion in the annual budget of the State.

57. Transition administration. (1) The transition administration of the College shall be in force for three years from the commencement of the Agreement unless same is extended by the Visitor by an order published in the official gazette of the State. (2) During the period of the transition administration, the bodies, authorities, holders of offices and general administration of the College established under this law shall function under the general supervision and or directives of the Interim Advisory Team. (3) Upon the expiration of the three years or extension thereof the bodies, authorities holders of offices and general administration of the College shall assume their tenure and effect without anything more to be done provided that anything or act done or purported to be done by the Interim Advisory Team in conformity with the agreement shall remain valid.