Delta State Polytechnic, Burutu Law, 2023

DELTA STATE POLYTECHNIC, BURUTU LAW, 2023

1. Citation. This Law may be cited as the Delta State Polytechnic, Burutu Law,2023 and shall commence on the date it receives the Governor’s assent.

2. Interpretation. In this Law, unless the context otherwise requires “Academic Board” means the Academic Board of the Polytechnic established under section 11 of this Law: "Academic Staff' mean the Rector, Deputy Rector, Principal lecture, Senior lecturers, directors, head of departments, librarian, assistant lecturer and such other persons in the employment of the Polytechnic engaged in teaching and research in the Polytechnic acting in accordance with the recommendation of the Academic Board of the Polytechnic; "Academic Year" means such period not exceeding twelve consecutive months as the Polytechnic may from time to time prescribe; "Agreement" means the agreement dated 3rd October 2022 between the Government and the Polytechnic; 'Appointments and Promotion Committee" mems Appointments and promotion Committee as stated in Section 29 (3) of this Law; "Appropriation Law" means Appropriation Law of the State and includes Supplementary Appropriation Law; “Appropriate Authority" means any person for the time being charged with the ultimate responsibility for the Ministry of Higher Education; "Council" means the Governing Council of the Polytechnic; "Commissioner" means the Commissioner for Higher Education: "Congregation" means the congregation of the Polytechnic as established under section 14 of this Law: "Departmental Board of Studies" means the Departmental Board of Studies as established under section 15 (8) of this law; "Financial Year” means the period commencing and ending on the first and last day respectively of each year; "Government" means the Delta State Government; "Governor" means the Governor of Delta State; "Head of School" means the head of a designated Conglomerate of related academic units or departments of the Polytechnic so designated by the Governing Council; "Interim Governing Council" means the Interim Governing Council established under section 52 of this Law: "Other staff' meat those persons in the employment of the Polytechnic who are not members of the academic staff, or administrative staff; "Polytechnic" means the Delta State Polytechnic, Burutu established by section 3 of this Law; "Rector" means the Chief Executive Officer/Head of Academic of the Polytechnic; "Registrar" means the Registrar of the Polytechnic; "school" means any school established under section l5 of this Law; "School Board" means School Board as established under section 15 (2) of this Law; "Selection Board " means Selection Board as stated in section 25 (2) of this law; "Sports Management Board" means any Sport Management Board as established under section 24 (3) of this Law; “State " means Delta State of Nigeria; "Student" means the person who has fulfilled the conditions for admission" and has duly registered as a student of the Polytechnic to pursue course of studies, training or research leading to diploma, certificate or such other qualifications of Polytechnic as may be prescribed by the Academic Board as qualifying a person for the status of a student; "Student Welfare Board" means Student Welfare Board as established under section 23(3) of this Law; "Transition period" means that period when the Polytechnic is without a governing council; "Visitor" means the Governor of Delta State.

3. Establishment of the Polytechnic. (1) There is hereby established in the state an institution to be known as "Delta State Polytechnic, Burutu" (hereinafter referred to as "the Polytechnic”) which shall strive to be a center of excellence in the provision of its courses of study and/or training. (2) The Polytechnic shall be a body corporate with perpetual succession and a common seal and shall have the power to sue and be sued in its corporate name, acquire, hold and dispose of property whether movable or immovable for I the various purposes of its functions under this Law.

4. Constitution of the Polytechnic. The Polytechnic shall constitute of: (a) the Visitor; (b) the Chairman of the Council; (c) the Rector; (d) the Council; (e) the Academic Board; (f) the Congregation; (g) the School/Departments and other teaching or research units; (h) the holders of the other offices created by part IV of this law that are not mentioned in the foregoing provisions of this section; (i) all graduates and students; and (j) any office, authority, unit department, post or status created under this law or by any other law or statute of the Polytechnic.

5. Objects and functions of the Polytechnic. (1) The objects of the Polytechnic shall be to: (a) encourage the advancement of learning and to grant admission to all person especially Deltans, without distinction of race, creed, ethnic background, sex or political conviction of the opportunity of acquiring a Polytechnic education; (b) provide courses of instruction, training and research for the pursuit of learning and skills acquisitions in nautical science, seamanship' fisheries' maritime technology and engineering as well as maritime transportation, industrial safety, environmental technology and such other related fields of learning and work in the development of techniques; (c) undertake any other activity appropriate for a Polytechnic of the highest standard. (2) ln pursuance of its objectives, the Polytechnic shall as its resources permit, provide facilities for such academic and/or training programmes it thinks necessary, including the following: (i) courses of instruction on full-time, part-time or distant learning basis leading to the award of National Diploma, Higher National Diploma and related certificates in nautical science, maritime technology, maritime transportation, maritime engineering, industrial safety, environmental technology and related disciplines and such other courses considered relevant to the objects of the Polytechnic from time to time; (ii) innovation, creativity and the conduct of excellence in nautical seamanship and maritime technology as well as other related fields; (iii) cooperative work in the development of indigenous maritime skills and technology, and the adaptation of imported methodologies; (iv) the promotion of cultural values in the public domain leading to the appreciation of indigenous development; (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 Council serve to promote the objects of the Polytechnic.

6. Power and function of the Plytechnic. For the purpose of carrying out its general objectives as provided in Section 5 of this Law, the Polytechnic shall have power to: (a) establish and develop schools, departments, centers and other units of teaching and research as from time to time may seem necessary provided that the approval of the Governor through the Commissioner has been obtained; (b) prescribe in its regulations the conditions (including the conduct of examination of the Polytechnic) under which a person may be admitted as student of the Polytechnic of a particular course of study in the Polytechnic or be allowed to continue in such course of study in accordance with rules and regulation of the National Board for Technical Education; (c) demand and receive from students or any other persons attending the Polytechnic for the purpose of education such fees as the Polytechnic may from time to time determine subject to control exercised by the Visitor through the Commissioner; (d) enter into contacts, establish trusts, act as trustees, solely or jointly with any other persons or institutions and to employ and act through agents; (e) enter into agreement with any other institution for the incorporation of or affiliation with the Polytechnic, or any other institution: (f) erect, provide, equip, and maintain libraries, laboratories, workshops, lecture halls, staff houses, halls of residence, refectories, sports grounds, playing fields, buildings, premises, furniture, apparatus and other means needed for carrying on its functions under this Law; (g) hold public lectures, produce and publish for sale works of research and such other works as may from time to time be thought fit by the Polytechnic, subject to existing copyrights laws; (h) accept gifts, legacies, donations and endowments but without obligation to accept the same for a particular purpose unless the Polytechnic approves the terms and conditions attached thereto; (i) borrow, subject to any control exercised by the Visitors through the Commissioner whether at interest or not, if need be upon the security of property, movable and immovable of the Polytechnic, such monies as the Council may, from time to time find necessary or expedient to borrow, subject to the condition that the total if 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 Polytechnic; (k) arrange and provide for the welfare of the students and staff; (l) make provision for research, design, development, testing advisory and consultancy services; and in promoting these functions to enter into such arrangements with institution or public bodies as may be thought desirable and to charge to the users of such services such lees as may be necessary; (m) institute and award National and Ordinary Diplomas, Certificate, scholarships, fellowships' exhibitions, bursaries, medals, prizes and other titles, distinction awards and forms or assistance to students and other persons deserving both in leaping and character; (n) create posts and offices tenable at the Polytechnic subject to such conditions of service as the Polytechnic may make or adopt with respect to such posts or offices as; and (o) do all such things or acts as the Polytechnic may from time to time deem necessary for carrying out any of its functions under this Law; (p) Without prejudice to the provision of section 5 of this Law, the Polytechnic may by special arrangements of affiliation with other institutions prepare its students for the diplomas or certificates of such other institutions.

7. Establishment of the Council. (1) There is hereby established for the management of the affairs of the Polytechnic, e Governing Council (referred to as the Council). (2) The Council shall consist of the following members: (a) a Chairman; (b) the Rector; (c) the Deputy Rector; (d) the Permanent Secretary of the State Ministry of Higher Education or his representative who shall not be below the rank of an Assistant Director; (e) a member of the Academic Board of the Polytechnic elected for 2 years in tbc first instance and for another term of 2 years only; (f) a member representing the Congregation for a period of two years in the first instance and for another term of 2 years only; (g) six special members to be appointed by the Visitor; (h) a representative of the Delta State University, Abraka who shall be nominated by the Senate of the University; (i) a representative of the Ministry of Justice not below the rank of an Assistant Director, who shall be the legal adviser of the Council; (j) a representative of the Dirccttrate of Establishment and Pensions not below thc rank of an Assistant Director; and (k) a representative of the Directorate of Establishment and Pensions not below the rank of an Assistant Director (3) Except the ex-officio members, the Chairman md other members of the Council shall hold office for a period of three years and may be re-appointed for another three years. (4) The quorum for the meetings of tbc Council shall be one third of member including the Chairman (5) The Council shall meet at least three times but not more than 12 (twelve) times inclusive of Committee meetings in any academic year and shall have power to make rules regulating is own procedure

8. Function of the Governing Council. (1) Subject to the provisions of this Law, the Council shall be the governing body of the Polytechnic and shall be charged with the general control and superintendence of the policy, finance and property of the Polytechnic. This will be subject to overnight of the Governor through the Commissioner. (2) The Council shall coordinate and where appropriate harmonize the activities of the Polytechnic. (3) The Council may make statutes regulating the constitution and conduct of the Polytechnic and its authority or matter connected therewith. (4) 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: (a) be responsible for the formulation of policies relating to the affair and objects of tbc Polytechnic and in particular the control of the property and the finances of the Polytechnic and shall also have power to do anything which in its opinion is calculated to facilitate the carrying out of the purposes of the Polytechnic and promote its interest after obtaining due approval of the Governor through the Commissioner. (b) have power to appoint committees from among its own members and from other experienced persons where necessary 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 the commi6ees; (c) have power to delegate as the case may be all or any of his powers exclusively to be exercised by the Council itself to committees of tbc Council or the Rector as it thinks fit and to other experienced persons where necessary; and have powers to make rules for the purpose of carrying out its functions.

10. Allowance for members of Council. Except the principal officers and staff of the Polytechnic there shall be paid to the members of the Council or any of its committees, siting and travelling allowances and other reasonable expenses in line with the approved in the State.

11. Establishment of the membership of the Board. (1) There is hereby established for the Polytechnic an Academic Board (referred to as the "Board') which shall have direct control over the academic mattes of the Polytechnic. (2) The Board shall consist of the following members: (a) the Rector; (b) the Deputy Rector; (c) the Librarian; (d) the heads of academic units; (e) all Senior Lecturers of the Polytechnic; (f) all heads of departments; (g) members of academic staff not exceeding one-third of members of the Board as may be elected by members of the academic community of the Polytechnic, two of whom shall not be below the rank of a Lecturer, Grade 1; and (h) the Registrar as Secretary to the Board. (3) The Rector shall be the Chairman at all meetings of the Board and' iq his absence, the Deputy Rector shall preside and when both are absent members present shall appoint such other member of the Council present at the meeting as Chairman (4) Appointed or elected members of the Board shall hold office for a period of two years and may be re-elected for another term of two years provided that an elected or appointed member who has served two terms maybe elected or appointed after an interval of not less than five years.

12. Power of the Academic 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 committee from among its own members and from other experienced persons where it considers it necessary 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 Academic Board. Subject to the provisions of section 5 of this Law, the Board shall be responsible for: (a) the establishment, organization and control of the schools’ departments and other teaching units of the Polytechnic allocation of responsibilities to different departments; (b) regulating the admission of persons to the Polytechnic and to courses of study in the Polytechnic, their continuance or discontinuance in such courses, and the conditions qualifying for admission to the various diplomas, distinctions, prizes medals and other awards offered by the Polytechnic; (c) the organization and control of courses of study and the conduct of examinations thereof including appointment of both intimal and external examiners; (d) recommendations for the award of diplomas, certificates and such other distinctions to persons who shall have pursued in the Polytechnic such courses of study as may be approved by the Board and shall have passed such examinations of the Polytechnic and satisfied such conditions as may be prescribed by the Board; (e) recommending to the Council subject to the procedure by statute, the names of persons for the award of diploma, certificates and other distinctions; (f) formulating, modifying or revising schemes for the examinations of the existing schools, departments and other units of learning research development and production in the Polytechnic and to assign to them their respective courses of study and also to make recommendations to the Council as to the expediency of the establishment at any time of other schools, departments, centres and other units of learning, research and development or abolishing, combining or subdividing any of them; (g) promoting research development, production and services in the Polytechnic and to require reports from time to time of such activities; (h) provision of accommodation for all first-year students in the Polytechnic subject to availability; (i) the supervision of the welfare of students at the polytechnic and regulation of their conduct; (j) to review from time to time the duties of all member of the academic staff and to make recommendations to the Council on their terms and conditions of service; (k) the granting of scholarship, fellowship, bursaries, medals, prizes and similar award in so far as the award are within the control of the Polytechnic; (l) requiring any student to withdraw from the polytechnic on academic or other grounds; (m) depriving any person of any diplomas, membership, certificates, scholarships, studentships, bursary, prize or other academic title, distinction or ward whatsoever conferred on or granted to him/her by the Polytechnic, if after such enquiry as the Board may deem necessary, the Board is satisfied that tbc person has been guilty of scandalous or dishonourable conduct in obtaining the same or in granting admission to the Polytechnic; (n) withdrawing or direct the withdrawal of any diplomas, memberships, certificate, scholarship, bursary or other academic award whatsoever granted to any student or other person by the Polytechnic where the Board is satisfied on academic or other ground that it is necessary to do so; and (o) exercising such other functions as arc or may be conferred or imposed on the Board by this law.

14. The Congregation. (1) There is hereby established a Congregation of the Polytechnic, and its constitution, functions and procedure shall be subject to the provisions of this law. (2) The Congregation shall consist of: (a) the Rector; (b) the Deputy Rector; (c) the Librarian; (d) all members of the academic staff; (e) the Registrar; (f) the Bursar; and (g) every member of the administrative staff who holds a degree of any recognized University not being an honorary degree. (3) The Rector shall be the chairman of all meetings of the Congregation and in his absence, the Deputy Rector, shall so act and when both are absent, members of be of the Congregati6n. present at the meeting shall appoint such other member of the Congregation present as Chairman for the meeting. (4) The quorum of tbc congregation shall be two thirds of its members. (5) The Congregation shall meet at least once in an academic year. (6) The Registrar shall be the congregation in all its meetings, and where he is absent or is otherwise unable to function members present shall appoint one among them to act in his/her place.

15. Schools/Departments, functions. (1) Each school established by the polytechnic shall comprise such number of related disciplines as may be prescribed. (2) There shall be established which in respect of each school a School Board shall consist of: (a) the Dean of the School: (b) heads of the departments and sub-units of the School; and (c) all teaching staff (3) The Dean shall be Chainman at all meetings of the School Board. (4) Subject to the provisions of this Law and to the direction of the Rector, the School Board shall: (a) regulate the teaching and study and conduct of examinations connected with the subjects assigned to the school; (b) deal with any other matter assigned to it by statute or by the Rector, or the Academic Board; and (c) advise the Rector, or the Academic Board on any matter referred to it by the Rector or the Academic Board. (5) (a) The Academic Board shall in the prescribed manner, from time to time elect among its academic staff a person who is not below the rank of a Principal Lecturer to be the Dean of the School for a period of two years and may be re-elected for another term of two yean only. Provided that an elected member who has served two terms may be elected after an interval of not less than five years; or (b) acting Dean may be appointed by the Rector where there is no staff of the prescribed rank of lecturer to hold office until there is available an academic staff of the rank prescribed in sub-section (5) (a). (6) The Dean of 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 diplomas or certificates of the Polytechnic at examinations held in the branches of learning and or training resigned to it. (7) The number of academic departments of the Polytechnic shall be determined from time to time by the Council on the recommendation of the Academic Board. (8) For each debarment, a Departmental Board of Studies shall consist of: (a) every academic staff of the department who holds a full-time post in the Polytechnic of the 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 Polytechnic 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 be at least a principal lecturer, appointed by the Rector upon the recommendation of the Dean of School for a term two years and may be eligible for reappointment for another term of two years. Provided that an elected member who has served two terms may be elected after an interval of not less than five years. (10) The Departmental Board shall have the power to: (a) review the teaching and courses of study in the department and make recommendations to the Academic Board; (b) review the welfare and academic progress of the students with which it is concerned and advise the head of department upon: (i) the financial estimates of the department; (ii) allocation of duties among the academic staff; (iii) allocation of technical secretarial and administrative staff: and (iv) department development (c) advise on statutes and regulations dealing with courses of study and examinations in the field of study concerned.

16. The Chairman of Council. (1) The Chairman of the Council shall be appointed by the Visitor. (2) Subject to the provisions of this Law, the Chairman of Council shall hold office for a period of three (3) years commencing from the date of his appointment. (3) If it appears to the Visitor that the Chairman should be removed from office, the Visitor shall exercise his authority to remove him.

17. Functions of the Chairman of Council. (1) The chairman of the council shall in relation to the polytechnic, take precedence over all members of the polytechnic except the Visitor and the Rector excepting when acting as a Chairman oi Congregation or Convocation or in the course of performing his academic and executive functions. (2) The Chairman of Council shall preside over meetings of the Council or Joint Council/Management meetings.

18. The Rector. (1) There shall be a Rector for the polytechnic who shall be the chief academic and executive officer of the polytechnic, and shall be responsible for the day to day administration of the affairs of the polytechnic. (2) The Rector shall be appointed by the Visitor on the recommendation of me Council from among persons of academic eminence of not below the status of a Chief Lecturer in the polytechnic 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 Rector shall hold office for a single tenure of five (5) years.

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

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

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

22. Liberian. There shall be a Librarian who shall be appointed by the Council on such conditions and terms as may be specified in the instrument of appointment and shall be responsible to the Rector for the library services of the Polytechnic.

23. Dean of student Affairs. (1) There shall be established in the Polytechnic the office of the Dean of Students Affairs who shall be appointed by Rector and shall be responsible to the Rector. (2) The Dean of Students Affairs who shall not be below the rank of a Chief lecturer shall hold office for two years. (3) There shall in addition be established in the Polytechnic a Student Welfare Board or Committee made of such number of staff and student representatives with appropriate terms of references as may be determined by the Academic Board.

24. Director of Management Sports Management Board. (1) There shall be established in the Polytechnic a Department of Sports to Director of sports be headed by a Director of Sports. (2) The Director of Sports who shall be appointed by the Rector shall not be a principal officer. (3) There shall be established a Sports Management Board, whose Chairman shall be appointed by the Rector after due consultation with the Board.

25. Appointment of Principal office. (1) When a vacancy occurs in the office of a Deputy Rector, the appointment shall be made by Council on the recommendation of the Rector after due consultation with the Board. (2) When a vacancy occurs in any of the offices of the Registrar or Appointment of Bursar a Selection Board consisting of: [Appointment of Registration and Bursar] (a) the chairman of council; (b) the Rector; (c) to member appointed by the Council not being members of the Academic Board; (d) to member appointed by the Council not below the rank of a Chief Lecturer; and (e) experts, not being member of the Polytechnic, nominated by the Council after due consultation with the Rector. (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 or 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 Rector.

26. Resignation and Reappointment. (1) Any officer mentioned in the provisions of this part may resign his/her office: (a) in the case of the Rector by giving six months' notice in writing to the Visitor through Council, and (b) in any other case, by three months' notice to the Council. (2) Any officer who has resigned his office shall if not disqualified be entitled to be re- appointed, re-elected, re-nominated or otherwise re-selected to the same. (3) 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.

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

29. Appointments and Promotion Committee. (1) Recommendations for the creation of academic posts other principal officers of the Polytechnic shall be made by the Academic Board to the Council and 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 Rector who shall be the Chairman; (b) two members of the Council to be selected by the Council; (c) four members of the Academic Board; (d) such experts not exceeding two in number as the Academic 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 Chief 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 Rector subject to the approval of the council.

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

32. Visitor of the Polytechnic. (1) The Governor shall be the Visitor of the Polytechnic. (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 Polytechnic in person or after consultation with the Commissioner direct that a visitation shall be conducted by such persons in respect of affairs or such affairs of the Polytechnic as he may specify in the direction. (3) It shall be the duty of the bodies and officials in the Polytechnic 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 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 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.

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/her under this section shalt be binding upon authorities, staff and students of the Polytechnic, and where any question as to the meaning of a provision of statute or regulation has 6een 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 an academic or a 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 hi office, the Council shall make recommendations to that effect through the Commissioner to the Visitor, who after such inquiries may in writing signed by him or any person on his behalf 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 Rector that there is an act or omission on the part of a senior staff which amounts gross misconduct and prejudicial to the interest of the Polytechnic, he/she 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 inability to perform the functions of his/her office or employment, the Council shall: (a) give notice of those reasons to the persons in question; (b) afford him/her an opportunity of making representation on the matter to the Council; and (c) if he/she or any three members of the council so request within the period of one month beginning from the date of the notice, 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 person in question to be afforded an opportunity of appearing before it and being heard by the investigating committee with respect to the matter and if the Council after considering the report of the investigating committee, is satisfied that the person in question be removed from the office, or employment he shall be so 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 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 considers 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 Polytechnic. (4) A person suspended pursuant to subsection (3) of this section shall be paid half of his/her salary and the council shall before the expiration of a period of three months after the date of such suspension, consider the case against that person and come to a decision as to whether: (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’s suspension or decides to take further disciplinary action, 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 council from making regulations for the discipline of other categories of staff and workers of the Polytechnic.

36. Student discipline. (1) The Council shall draw regulations in respect of the suspension or expulsion of students on grounds of serious misconduct. (2) Subject to the provision of subsection (1) or where it appears to the Rector that any student of the Polytechnic has been guilty of misconduct, the Rector may on the recommendation of the Academic Board and without prejudice to any other disciplinary powers conferred on him/her 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 Polytechnic or make use of such facilities of the Polytechnic 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 Polytechnic; or (d) the student is advised to withdraw from the institution. (3) The Rector may delegate his/her powers under this section to a disciplinary body consisting of such members as he may think fit. (4) Where a 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 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 manner as Council thinks it fit. (5) An appeal against a direction brought pursuant to subsection (4) of this section shall not operate as a stay of any direction made by the Rector. (6) Nothing in this section shall be construed as a ground for preventing the restrictions or termination of a student's activity in the Polytechnic 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 vote of two- thirds majority of alt 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 Rector. (2) Where a vacancy occurs and an acting Dean is appointed in pursuance of sub-section (1) of this section a new Dean shall be elected at the next School Board meeting.

38. - For the purpose of this part, "misconduct" includes any act or omission which is scandalous or tends to bring the Polytechnic 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 materials and such other conduct which the Council may consider as unbecoming of a staff or student of the Polytechnic.

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

40. Finance and General Purposes Committee and Functions. (1) The Council shall appoint a Committee to be known as the Finance general and General Purposes Committee consisting of: (a) the chairman of the council who shall be chairman of the committee; (b) the Rector; (c) the Deputy Rector; (d) State Commissioners for Finance and Higher Education or their representatives; (e) three other members of Council representing other bodies of the Polytechnic; and (f) the Registrar as Secretary. (2) The Committee shall be subject to the directives and supervision of Council and shall exercise control over the property and expenditure of the Polytechnic and perform such other functions as the Council may from time to time delegate to it. (3) The quorum shall be five, exclusive of the Rector. (4) Subject to any directive given by the Council, the Committee may regulate its own proceedings.

41. Annual Budget. (1) The Council shall within three months to the end of the financial year, Annual submit, through the Commissioner for the approval of the visitor, the annual budget showing estimates for revenue and expenditure of the Polytechnic in respect of the ensuing year. (2) No expenditure shall be incurred by the Polytechnic except in accordance with the annual estimates contained in the Appropriation Law or Supplementary Appropriation Law of the current financial year, without the approval of the appropriate authority.

42. Accounts and audited annual report. (1) The Polytechnic shall: (a) keep proper accounts of its assets, liabilities, revenue and expenditure for each financial year; and (b) prepare a statement of accounts containing such particulars that show the true financial position of the Polytechnic. (2) The accounts of the Polytechnic shall be audited annually. (3) Not later than the month of June every year, the Chairman of 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 Polytechnic shall be paid into such bank or banks as may be approved by the Council for the credit of the Polytechnic’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 Polytechnic.

44. Authentication. (1) The seal of the polytechnic shall be authenticated by both the Rector and the Registrar. (2) A document purporting to be a document, executed under the Seal of the Polytechnic as aforesaid shall be received in evidence and shall unless the contrary is proved, be deemed to be so executed. (3) A contact 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 polytechnic by a person generally or specifically authorized to do so by the Council or the Board.

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

46. Mode exercising the regulatory powers. (1) A proposed rule or regulation shall not be binding unless it has been meeting of the Council and/or Board by votes of nor less than two-thirds of members present and voting. (2) For the purpose of subsection (1) of this section a proposed rule may first be introduced by the Council or Board.

47. Appointment of a Sub-Committees. (1) Anybody established by this Law may without prejudice to the generality of its powers appoint a committee, which may not consist exclusively of its members, authorize such committee to: (a) exercise, on its behalf, such of its function as it may determine; and (b) coopt members, and may direct whether or not such coopted members (if any) shall be entitled to vote in such committee. (2) Two or more of such bodies may arrange for the holding of joint meetings 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 Rector 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 Rector 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 in 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 authorized to be sewed by virtue of this Law may, without prejudice to any other mode of service, be served by post on the Registrar.

50. Conflict Provisions. In the event of any statute or regulation being inconsistence with the provisions of this Law, the statute or regulation shall to the extent of inconsistence be void.

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

52. Establishment of Interim Advisory Team. (1) There shall be an established body known as the "Interim Governing Council? which shall perform the functions and duties of a Governing Council in the absence of one. (2) The Interim Governing Council shall consist of: [Composition] (a) the Honourable Commissioner for Higher Education as Chairman: (b) the Permanent Secretaries: (i) Higher Education; (ii) Finance; and (iii) Establishments and Pensions; (c) 3 directors from Ministry of Higher Education; (d) principal officers of this Polytechnic; (e) a representative of the Academic Board; and (f) registrar of the institution to serve as Secretary.

53. Transitional Provision. The Della State School of Marine Technology, Burutu Law, 2006 is hereby Provision repealed without prejudice to the validity of anything done or cause to be done there under. This printed impression has been carefully compared by me with the Bill which has passed the Delta State House of Assembly and found by me to be a true and correctly printed copy of the said Bill.