Delta State Polytechnic, Ozoro Law

1. Citation and commencement. This Law may be cited as the Delta State Polytechnic Ozoro Law, 2002 and shall come into force on the 1st day of January 2002.

2. Interpretation. In this Law: “Academic Year” means such period not exceeding twelve consecutive months as the Polytechnic may from time to time prescribed; “Academic Board” means the Academic Board of the Polytechnic; “Agreement” means the agreement dated 10th September, 2001 between the Government and the University. “Appropriate Law” means Appropriation Law of the State and” includes Supplementary Appropriation Law. “Council” means, the Governing Council of the Polytechnic; “Commissioner1 ” means the Commissioner for Education. “Congregation” means a body of staff of the Polytechnic made up of the Rector, the Deputy Rector, full time members of the academic staff, persons holding such other appointments at the Polytechnic as the Council may from time to time determine. “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/College so designated by Governing Council. “Polytechnic” means the Delta State Polytechnic, Ozoro established under section 3 of this Law. “Rector” means the executive Head of Academic Administration of the Polytechnic “Registrar” means the Registrar of the Polytechnic. “State” means Delta State of Nigeria. “Students” means the duly registered students of the Polytechnic. “Transition period” means that period when the polytechnic is under the administration of the Interim Advisory Team under Part IX of this Law. “Visitor” means the Governor of Delta State. “University” means the University of Westminster.

3. Establishment of the Polytechnic. (1) There is hereby established in the state an institution to be known as the “Delta State Polytechnic, Ozoro” (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, a common seal with power to sue and be sued in its corporate name, hold and dispose of property whether movable or immovable for the purposes of its functions under this Law.

4. Constitution the Polytechnic The Polytechnic shall constitute of: (a) the Visitor; (b) Chairman of the Council; (c) the Rector; (d) the Council; (e) the Academic Board; (f) the Congregation; (g) the Schools/Faculties and other teaching or Research Unit; (h) 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 hold to all persons, 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 and other facilities for the pursuit of learning and skills acquisitions in art and in particular, creative and performing arts, sculpture, painting surrealism, languages, and elated arts of study, creativity, education and the development of techniques in art and design and art education; (c) undertake any other activity appropriate for a Polytechnic of the highest standard. (2) In pursuance of its objective, the polytechnic 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 diploma, Higher National Diploma and related certificates in art and designs, other related distinctions and such other subjects considered relevant to the objects of the Polytechnic from time to time; (ii) innovation, creativity and the conduct of excellence in art and design; (iii) cooperative work in the development of indigenous art 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 Polytechnic. 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/faculties, departments and other teaching and research units as may seem necessary or desirable. (b) prescribe in, its regulations the conditions (including the conduct of entrance examination of the polytechnic) under which a person may be admitted as student of the polytechnic for a particular course of study in the Polytechnic and in accordance with rules and regulations of the National Board for Technical Education; (c) demand and receive from students or any other persons attending the Polytechnic for the purpose of instruction such fees as the Polytechnic 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 Polytechnic, 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 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 copyright laws; (h) accept gifts, legacies, donations and endowments but without obligation to accept the same for 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 Polytechnic, such monies as the Council may, from time to tune, 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 Polytechnic; (k) arrange and provide for the welfare of the students and staff; (l) mere provision for research, design, development, testing, advisory and, consultancy services; and in promoting these functions to enter into such arrangements with other institutions or public bodies as may be thought 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. (n) 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; (o) 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 well as power to discipline any holder of such posts or offices; and (p) 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. (q) 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 Council. (1) There is hereby created for the Polytechnic, a governing council to be known as the “Council” (2) The Council shall consist of the following members: (a) a Chairman; (b) one Permanent Secretaries of the Ministries of (i) Education, and (ii) Finance Or their representatives (c) the Rector; (d) the Deputy Rector; (e) a member of the Academic Board of the Polytechnic elected by the body for 2 years in the 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 or 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 Chambers of Commerce; (ii) a representative of the Nigerian Society of Engineers; (iii) a representative of one of the other profession at bodies; (iv) a representative of the Delta State University; (v) two distinguished members of the public; and (vi) a representative of the National Board for Technical 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 for the meetings of the Council shall be one third of 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 own procedure.

8. Functions 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. (2) The Council shall coordinate and where appropriate harmonise 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 affairs and objects of the 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 purpose of the Polytechnic and promote its interest. (b) have power to 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 thinks fit, and make rules for the conduct of the business of the committees. (c) have power to delegate as the case may be all or any of its powers not exclusively to be exercised by the Council itself to committees of the Council or the Rector as it thinks fit and from other experienced persons where desirable; and have powers to make rules for the purpose of carrying out any of its functions.

10. Allowance for members of Council. Excepting the principal officers and staff of the Polytechnic 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 Polytechnic.

11. Establishment of the membership of the Board. (1) There is hereby created the Academic Board (referred to as of the Board) which shall have direct control over the academic matters of Polytechnic and shall consist of: (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) one member appointed by the Board from the academic staff of Delta State University; and (h) members of 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 Rector shall be the Chairman at all meetings of the Board and in his absence, the Deputy Rector shall preside. (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 has served two terms may be elected or appointed after an interval of not less than five years.

12. Power of Academic. 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 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 Academic. 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 Polytechnic, allocation of responsibilities to different departments; (b) the organisation and control of courses of study and the conduct of examinations thereof including appointment of both internal and external examiners; (c) recommendations for the award of diplomas, certificates and such other distinctions as may be prescribed in connection with such examinations; (d) the supervision of the welfare of students at the Polytechnic and regulation of their conduct; and (e) the granting of scholarship, fellowship, bursaries, medals, prizes and similar awards in so far as the awards are within the control of the Polytechnic.

14. The Congregation. (1) There is hereby created for the Polytechnic a Congregation which shall consist of: (a) the Rector; (b) the Deputy Rector; (c) the Librarian; (d) all members of Academic Staff; (e) the Registrar; (f) the Bursar and (g) every member of the administrative staff who holds a degree of any recognised University not being an honorary degree. (2) The Rector shall be the chairman of the Congregation at all its meetings. (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 where he is absent or is otherwise unable to function, members present shall appoint one among themselves to act in his place.

15. Schools/Faculties, functions and departments. (1) Each school established by the Polytechnic 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 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 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 Board. (5) (a) The 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; or (b) an 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 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 assigned 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 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 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 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 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 recommendation to the Academic Board; (b) review the welfare and academic progress of 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) the allocation of technical secretarial and administrative staff; and (iv) department development (c) advice on statutes and regulations dealing with courses of study and examinations in the field of study concerned.

16. The Chairman of Council. (1) Chairman of the Council shall be appointed by the Visitor. (2) Subject to the provisions of this Law, the Chairman of the council shall hold office for a period of four years commencing from the date of his appointment. (3) If it appears to the Visitor that the Chairman 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 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. 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 the 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 of such terms and conditions as may be specified in the instrument of appointment. (3) Subject to the provisions of the Law, the Rector 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 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 Board on the recommendation of the Rector, 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 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, the Board and the Congregation. (3) The Registrar shall hold office on such terms and conditions as may be specified in his instrument of appointment.

21. 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. Librarian. 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 Students’ Affairs. (1) There shall be established in the Polytechnic the office of the Dean of Students Affairs who shall be appointed by and 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 reference as may be determined by the Academic Board.

24. Director of Sports and Management Board. (1) There shall be established in the Polytechnic a Department of Sports to be headed by a Director of Sports. (2) The Director of Sports who shall he 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 Officer. (1) When a vacancy occurs in the office or a Deputy Rector, the appointment shall be made by the Council on the recommendation of the Rector after due consultation with the Board. (2) Where vacancy occurs in any of the off ices of the Registrar or Bursar Selection Board consisting of:- (a) the Chairman of council. (b) the Rector (c) two members appoint by the council not being members of he Board nominated by the Board; (d) two members appointed by the council not below the rank of a Chief lecturers, and (e) experts not being members of the University nominated by the council after the 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 on such terms as to the emoluments of their respective offices as may be specified in the dins rumens 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 office: (a) in the case of the Rector by giving six months’ notice in writing to the visitor through the Council, and (b) in any other case, by three months’ notice to 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.

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, appointment for the filling of vacancies in academic posts shall be the responsibility of the Board except that no new posts 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) Selection Boards may interview candidates directly or consider their appointments with the assistance of assessors or specialist panel as may be deemed appropriate.

29. Appointments and Promotions Committee. (1) Recommendations for the creation of academic posts other than principal officers of the Polytechnic 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 Rector who shall be the Chairman; (b) two members of Council to be selected by the Council; (c) four members of the 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 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 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. 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 or direct that such a visitation 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 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 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 under this section shall be binding upon the authorities, staff and students of the Polytechnic, and where any question as to the meaning of a provision of statute or regulation has been decided by the Visitor under this section, no question as to the meaning of that provision shall be entertained except by a court of Law. (3) The provisions of this section shall apply in relation to ally 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 his office, the Council shall make recommendation to that effect through the Commissioner to the Visitor, who after making such inquiries, may in writing signed by him remove such a person from office. (2) A copy of the Visitor’s direction under subsection (1) of this section shall, be served on the affected member.

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 to gross misconduct and prejudicial to the interest of the polytechnic 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 he 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 till 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 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 that person and come to a decision as to whether: (a) such staff shall continue with such suspension and if so on 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 against a 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 Polytechnic.

36. Student discipline. (1) The Council shall draw up regulations in respect of the suspension or expulsion of student 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 by this law or by the Council direct that: (a) 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; (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 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 restriction 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 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 Rector. (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 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 as accrue 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) interests on investments; (e) donations, legacies endowments accruing to the polytechnic from any source for the general or special purpose of the Polytechnic, including rents from the letting or hire 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) There shall be a committee of the Council to be known as the Finance and General Purposes Committee Consisting of: (a) The Chairman of the Council who shall be the chairman of the Committee; (b) The Rector; (c) The Deputy Rector; (d) Three other members of Council representing other bodies of the Polytechnic; (e) The state Commissioner for Finance or his representative. (2) The quorum shall be four exclusive of the Rector. (3) Subject to any directive given by the Council, the Committee may regulate its own proceedings.

41. Annual estimates. (1) The Council shall within three months to 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 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.

42. Accounts and audited annual reports. (1) The Polytechnic shall: (a) keep proper accounts of its assets, liabilities, revenue and expenditure for each financial year. (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 the 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 ban s 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 provision 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 contract or instrument which if made or executed by a person not being a body corporate, would not be required to be under seal may be made or executed on behalf of the Polytechnic by a person generally or specifically authorised 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 matters; (c) the admission, discipline and welfare of students, the conditions of service of any cadre of its staff; and (d) other maters for which provisions is authorised or required by this Law.

46. Mode of exercising the regulatory powers. (1) A proposed rule or regulation shall not be binding unless it has been 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 by the Council or Board.

47. Appointment of committees. (1) Anybody established by this Law may without prejudice to the generality of its powers appoint a committee, which may not consist exclusively or its members, and authorise such committee to: (a) exercise, on its behalf, such of its functions as it may determine and (b) co-opt members, and may direct whether or not such co-opted 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 acid either of dealing with it or reporting on it to those bodies or an of them. (3) Except as may be otherwise provided by states 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 the 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 authorised to be served body virtue of this Law may, without prejudice to any other mode of service, be served by post on the Registrar.

50. Conflict provision. In the event of any statute or regulation being inconsistent with the provisions of this Law, the statute or regulation shall to the extent of that inconsistency be void.

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

52. Establishment of Interim Advisory Team. There shall be a body known as the “Interim Advisory Team” which shall perform the specific functions and duties on its part contained in the Agreement dated 10th September, 2001 including any other supplementary agreement duly executed between the Government and the University (the agreement), namely: (i) approval of the process of recruitment of the core staff in the Polytechnic – (ii) advising the Project Management Team in the planning process of setting up and establishing the Polytechnic; (iii) considering and approving the annual implementation plans produced by the Project Management Team; (iv) contributing to the bi-annual review process; (v) liaising with the National Board of Technical Education and other relevant federal bodies; (vi) ensuring strict compliance by the Polytechnic with the existing policies on higher education in the Federation.

53. Composition of Interim Advisory team. The Interim Advisory Team shall consist of: (i) five nominees of the Government (ii) the Director in charge of higher education in the Ministry of Education; (iii) four nominees of the university, namely its Head of support for International Partnerships and Projects, Deputy Vice Chancellor (International), the Director of Finance and Director of IEO and 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, to be appointed by the University; (iv) A Project administrator to be appointed by the Government; and the Rector of the Polytechnic and Rectors of Delta State Polytechnics at Ozoro and Ogwashi-Uku and Provost of College of Physical Education, Mosogar. (2) The Project Management Team shall perform the specific function and duties on its part contained in the Agreement – relating to the project of setting up and establishing the Polytechnic namely: (a) developing and implementing annual plans for the Polytechnic; (b) managing international technical assistance in setting up Polytechnic; (c) providing logistical support for the international technical assistant ensuring that project targets in the output areas outlined in project documents relating to the Polytechnics and the College Physical Education, Mosogar are achieved; (d) managing financial inputs within the project; and (e) ensuring that bi-annual project progress reports are produced for bi-annual reviews by the Interim Advisory Team.

55. Allowance. Nominees of the Government in both the Interim Advisory Team and the Project Management Team shall be paid such sitting and travelling allowance 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 an 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.

57. Transitional administration. (1) The transition administration of the Polytechnic 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 transition administration, the bodies, holders of offices and general administration of the Polytechnic established under this Law shall function under the general and/or specific directives of the Interim Advisory Team. (3) Upon the expiration of the three years or extension thereof the bodies, authorities, holders offices and general administration of the Polytechnic shall assume their full tenor and effect without anything more to be done provided that anything done or purported to be done by Interim Advisory Team that was in conformity with the agreement shall remain valid.