Delta State Polytechnics Law, 2014

DELTA STATE POLYTECHNICS LAW, 2014

1. Short title and commencement. This law may be cited as the Delta State Polytechnics Law 2014 and shall come into force on the 29th day of October, 2014.

2. Interpretation. In this law unless the context otherwise requires: "Academic year" means such period not exceeding nine calendar months; "Academic Board" means the Academic Board of each Polytechnic; "Academic staff" includes a person or such other persons in the employment of each Polytechnic engaged in teaching or research or library duties as Council may from time to time determine; "Appropriation law" means Appropriation Law of the State and includes supplementary Appropriation Law; "Board" means Academic Board of each Polytechnic; "Commissioner" means the Commissioner in charge of Higher Education; "Council" means the Governing Council of each Polytechnic; "Dean" means the person for the time being holding the office of the Dean of a School in each Polytechnic established under 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; "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 secret cult or similar group or body, gangstarism, absenteeism, failure to perform duties, repeated drunkenness or improper comportment, examination malpractices, leaking of question papers or any examination material and such other conduct which the council may consider unbecoming of a staff or student of the Polytechnic. "Governor" means the Governor of Delta State; "Rector" means the Chief Executive and Academic head of each Polytechnic; "Registrar" means the Chief Administrative head of each Polytechnic; "State" means Delta State of Nigeria; "Statute" means a statute made by each Polytechnic under Section 8 of this Iaw and all such statutes as may be in force from time to time. "Students" means the duly registered students of each Polytechnic; "Visitor" means the Governor of Delta State.

3. Establishment of the Polytechnics. (1) There is hereby established the following Polytechnics: (a) Delta State polytechnic, Aboh (b) Delta State polytechnic, Bomadi (c) Delta State polytechnic, Sapele (2) Each Polytechnic shall be a body corporate with perpetual succession and a common seal with power to sue and be sued in its corporate name.

4. Constitution of the Polytechnic. Each Polytechnic shall consist 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 and other teaching or research units; (h) all graduates and students; and (i) any office, authority, unit, department created under this Law or statute of the Polytechnic.

5. Objects and functions of the Polytechnics. (1) The objects of each Polytechnics shall be to: (a) encourage the advancement of learning and to hold to all persons, without distinction of race, creed, ethnic background, sex or political conviction of the opportunity of acquiring a polytechnic education; (b) provide full- time or part-time courses of instruction and training i. in technology, applied sciences, commerce and management; ii. in such other fields of applied learning relevant to the needs of the State in the areas of industrial development, agricultural production and distribution and for research in the development and adaptation of techniques as the Council may from time to time determine; (c) arrange conferences, seminars and study groups relative to the fields of learning specified in paragraphs (b) (i) and (ii) above and (d) perform such other functions that, in the opinion of the Council, may serve to promote the objectives of the polytechnic. (2) Each polytechnic shall, as its resources permit, provide facilities for such academic and/or training programmes it deems desirable, including the following: (i)Course of instruction on full time, part time or distant learning basis leading to the award of National Diploma and Higher National Diploma and related certificates in technology, applied sciences, commerce, management, art and designs and such other subjects considered relevant to the objects of the polytechnic from time to time; (ii) Cooperative work in the development of indigenous art skills and technology and the adaptation of imported methodologies; and (iii) The Promotion of cultural values in the public domain leading to the appreciation of indigenous development.

6. Powers and functions of the Polytechnics. Each Polytechnic shall have powers to: (a) establish and develop schools, 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 other person attending the Polytechnic for the purpose of instruction, such fees or charges or levies as the Polytechnic may from time to time determine with the prior approval of the Commissioner; (d) enter into contracts, establish trusts, act as trustees; solely or jointly with any other person, employed and acting through agents; (e) hold and dispose of property whether moveable or immovable for the purposes of its functions under this Law; (f) enter into agreement with any other institution for tie incorporation of or affiliation with the Polytechnic; (g) erect provide, equip and maintain libraries, workshops, lecture halls, staff houses, halls of residence, refectories, sports grounds, playing field and other buildings or facilities necessary or convenient for carrying on its functions under this Law; (h) 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; (i) accept gifts, legacies, donations and endowments, subject to the approval of Council. (j) borrow monies, if need be upon the security of property, moveable and immovable of the polytechnic subject to the approval of Council and to the condition that the total of such borrowing shall not exceed twenty percent of the internally generated revenue; (k) prescribe Rules and Regulations for the discipline of staff and students of the polytechnic; (l) make provision for research, design, development, testing, advisory and consultancy services, and in promoting these functions enter into such arrangement with other institutions or public bodies as may be thought desirable and charge users of such services such fees as may be thought necessary; subject to the approval of the commissioner. (m) institute and award National and Ordinary diplomas, certificates, scholarships, fellowships, exhibitions, bursaries, medals, prizes and other titles, distinctions, awards and forms of assistance to students and other persons deserving both in learning and character; (n) create posts and offices tenable at the polytechnic subject to such conditions of services 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; (o) do a such things or acts as the polytechnic may from time to time deem necessary for carrying out any of its functions under this Law; and (p) without prejudice to the provisions 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 created for each Polytechnic, a Governing council (2) The Council shall consist of the following members: (a) Chairman (b) the Rector (c) the Deputy Rector (d) (d) Permanent Secretaries of the State Ministries of (i) Higher Education and (ii) Finance or their representatives (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 elected by the body for a period of2 years in the first instance and/or another term of2 years only; (g) Seven other members, at least one of whom shall be a woman 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 any other professional body in Delta State; a representative of the Delta state university; three distinguished members of the public, one each to be selected from each senatorial district of the State and (vi) a representative of the National Board for Technical Education. (3) The Chairman and members of the Council other than ex- officio members shall be appointed by the Governor. (4) Except for 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 term of four years only. (5) The quorum for the meetings of the Council shall be one- third of members inclusive of the Chairman. (6) (a) The Council shall meet at least three times in any academic year and hold not more than three emergency meetings, should the need arise. (b) Subject to the provisions of this Law, the Council shall have powers to make rules regulating its own proceedings.

8. Functions of the Governing Council. (1) Subject to the provisions of this Law, each Council shall be the governing body of the polytechnic concerned and shall be charged with the general control and management of the affairs of the Polytechnic and in particular, the control of the property and 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 activities of the polytechnic and promote its best interest. (2) The Council shall coordinate and where appropriate harmonize the activities of the Polytechnic. (3) The Council may make statutes regulating the conduct of the Polytechnic affairs and its authority or matters 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 and Allowances to members of the Council. The Council shall: (a) 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. (b) have powers to delegate powers not exclusively exercisable by it to committees, the Rector or any other experienced person or persons as it deems fit. (c) pay to the members of Councilor of any of its committees, sitting and travelling allowances and other reasonable expenses at such rates as may from time to time be fixed in line with resources available to the Polytechnic.

10. Establishment of membership of the Board. (1) There shall be established for each polytechnic, a Board to be known as the Academic Board which shall consist of the following members: (a) the Rector; (b) the Deputy Rector; (c) the Polytechnic Librarian; (d) the Deans of Schools; (e) all Heads of academic departments; (f) all senior lecturers and above, of the polytechnic; (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 Deputy Rector shall preside at a meeting in the absence of the rector. (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.

11. Powers of Academic Board. (1) The Board shall have powers to: (a) set up committees from among its own members and delegate to them such of its powers and duties as it deems 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. (2) The Board shall perform such other functions as may be assigned to it by statute in addition to the function of electing a member of the Council.

12. Functions of the Academic Board. The Board shall be responsible for: (a) the direction and management of academic matters of the polytechnic including the regulation of admission of students, the award of certificates and diplomas, scholarships, prize and other academic distinctions; (b) the making to the Council of such periodic reports on such academic matters as the Academic Board may think fit or as the Council may from time to time direct; (c) the establishment, organization and control of the schools, departments and other teaching units of the polytechnic, allocation of responsibilities to different departments; (d) the organisation and control of courses of study and the conduct of examinations thereof including the appointment of both internal and external examiners; (e) recommendations for the award of diplomas, certificates and such other distinctions as may be prescribed in connection with such examinations; (f) the supervision of the welfare of student at the Polytechnic and regulation of their conduct; (g) the granting of scholarships, fellowships, bursaries, medals, prizes and similar awards in so far as the awards are within the control of the Polytechnic; and (h) the discharge of any other function which the Council may delegate to it.

13. The Congregation. (1) There is hereby established for each 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 of the polytechnic who holds a degree of any recognized University or the Higher National Diploma or their equivalent not being an honorary degree or diploma. (2) The Rector shall be the Chairman of the Congregation in 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. (6) Congregation shall be entitled to express by resolution or otherwise its opinion on all matters affecting the interest and welfare of the Polytechnic and shall have such other functions as may be assigned to it by statute in addition to the function of electing a member of the Council.

14. Schools, 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 department and sub-unit of the School; and (c) all teaching staff. (3) the Dean shall be the Chairman in all meetings of the School Board. (4) The School Board Shall: (a) regulate the teaching, course of 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 manner referred to it by the Rector or the Board. (5) (a) the Board shall elect from among its academic staff, a person in the rank of a Chief 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) of this Law. (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 Academic Board. (8) There is established for each department a Departmental Board of studies which shall consist of: (a) the Head of Department who shall be the Chairman; (b) academic staff of the department engaged on full time in the Polytechnic and on grade not lower than that of Assistant Lecturer with tenure extending over a period of not less than one year; (c) such member of the academic staff as the polytechnic may appoint at the request of the Departmental Board and School Board concerned; (d) a Head of department who shall be at least a principal Lecturer, in each department, 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. (9) The Departmental Board shall have powers to: (a) review the teaching and course of study in the department and make recommendations to the Academic Board; (b) review the academic progress and welfare of students with which it is concerned; and (c) advise the heads of departments on: (i) the financial estimates of the department; (ii) the allocation of duties among the academic staff of the departments; (iii) the allocation of technical, secretarial and administrative staff; and (iv) advise on the statute and regulations dealing with course of study and examinations in the field of study concerned.

15. Appointment of Chairman of Council. (1) The Chairman of the Council for each polytechnic shall be appointed by the visitor. (2) hold office for a period of four years commencing from the date of his appointment. (3) be removed from office by the Visitor in the exercise of his authority, if there is reasonable cause to do so.

16. Functions of the Chairman of Council. (1) The Chairman of the Council shall in relation to each polytechnic take precedence over all members of the polytechnic except the Rector, when acting as a Chairman of Congregation or Convocation or in the course of performing his academic and executive functions. (2) preside at meetings of the Council.

17. The Rector. (1) There shall be a Rector of each polytechnic who shall be appointed by the Governor in accordance with the provisions of this section. (2) Where a vacancy occurs in the post of Rector, the Council shall: (a) advertise the vacancy in a reputable journal or widely read newspaper in Delta State, specifying the: (i)qualities of the person who may apply for the post; and (ii)terms and conditions of service applicable to the post and thereafter, draw up a short list of suitable candidates for consideration; (b) constitute a Search Team consisting of: - (i) a member of the Council who is not a member of the Academic Board, as Chairman; (ii) two members of the Academic Board, not below the rank of Chief Lecturer (iii) two members of the Congregation of the polytechnic, not below the rank of Chief Lecturer selected by Council, to identify and draw up a short list of persons who are not likely to apply on their own volition because€ they feel that it is not proper to do so. (3) A Joint Council and Academic Board Selection Committee consisting of: - (a) the Chairman of the Council; (b) two members of the Council who are not members of the Academic Board; (c) two members of the Academic Board not below the rank of Chief Lecturer, who are not members of the Search Team, shall scrutinize the credentials of the short- listed candidates drawn up under subsection (2) of this section and recommend, through the Council, to the Governor, three candidates for consideration. (4) The Governor may appoint, as Rector, one of the candidates recommended to him under the provisions of subsection (3) of this Section [Functions/Tenure of the Rector] (5) Subject to the provisions of this law and the general control of the Council, the Rector shall: (a) be the Chief Executive of the polytechnic and shall be charged with the responsibility for matters relating to the day-to-day management operations of the polytechnic. (b) hold office for a single term of five (5) years only and shall not be eligible for reappointment thereafter.

18. Deputy Rector. (1) The Deputy Rector shall: (a) assist the Rector in the performance of his functions; (b) act in the place of the Rector when the post of Rector is vacant or if the Rector is for any reason absent or unable to perform his functions as Rector; and (c) perform such other functions as the Rector may, from time to time, assign to him. (2) The Deputy Rector shall hold office for a period of two years beginning from the effective date of his appointment and on such terms and conditions as may be specified in his letter of appointment and may be re-appointed for another period of two years only.

19. The Registrar. (1) There shall be a Registrar for each polytechnic who shall be appointed by the Council and shall be responsible to the Rector for the day to day 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 Council, the Board and the Congregation. (3) The Registrar shall hold office upon appointment for four years in the first instance, renewable for another four years.

20. Bursar. (1) There shall be a Bursar for each polytechnic who shall: be responsible to the Rector for the financial administration of the Polytechnic. (2) hold office upon appointment for four years in the first instance renewable for another four years.

21. Librarian. There shall be a Librarian for each polytechnic who shall be appointed by Council and shall hold office upon appointment for four years in the first instance, renewable for another four years and shall be responsible to the Rector for library services.

22. Deans of Students Affairs. (1) There shall be established in the polytechnic, the office of Dean of Student Affairs who shall be appointed by council on the recommendation of the Rector and responsible to the Rector. (2) The Dean of Student Affairs who shall not below the rank of a Chief Lecturer shall hold office for two years renewable two years only. (3) There shall be established in the polytechnic a Students, Welfare Committee made up of such number of staff and student representatives with appropriate terms of reference as may be determined by the Academic Board from time to time.

23. Filing Vacant Positions of principal officers. (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 Academic Board. (2) When a vacancy occurs in any of the offices of the Registrar or Bursar, a Selection Board shall be consisting of: (a) the Chairman of Council; (b) the Rector; (c) two members of Council to be selected or appointed by Council who are not members of the Board; (d) two members of the Polytechnic appointed by Council not below the rank of a Chief Lecturer; and (e) one human resources expert who is not a member of the Polytechnic and nominated by council after due consultation with the Rector. (f) a representative of the State's Ministry of Higher Education. (3) a representative of the State's Ministry of Higher Education. (4) Subject to the provisions of this Law, the period of service, emoluments remuneration and terms of service of the respective officers shall be as specified in the instrument of appointment. (5) The scope of responsibility of the said officers shall be determined by the Rector.

24. Resignation and Reappointment. (1) The procedure of resignation and filling of vacancies of principal Officers shall be as follows: - (a) A rector may resign his appointment by giving six months in writing through the Council to the Visitor. (b) Any other principal Officer may resign by giving three months notice in writing to the Council. (2) Filling of other vacancies shall be carried out subject to the recommendations of a Recruitment Board constituted for such purpose.

25. Creation of Academic Posts. Any recommendation for the creation of academic posts other than those mentioned in this Law shall be made by the Departmental Board to the Council through the Academic Board for approval.

26. Appointment to Academic Posts. (1) For the purpose of filling vacancies in academic posts, there shall be an Appointments and promotions Committee, which shall interview the prospective candidates and make recommendations to Council for appointments. (2) The Appointments and promotions committee shall process and recommend with the assistance of assessors or a specialist panel where necessary, suitable candidates to 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 who are not members of the Board to be selected by Council; (c) Two members of the Board; (d) Not more than two experts as the Academic Board may appoint from time to time. (4) All appointments into Senior Library positions shall be made in accordance with the foregoing provisions and the Librarian shall be a member of the Appointments and Promotions Committee.

27. 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 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.

28. Appointment of Administrative and Technical Staff. The administrative and technical staff of each polytechnic shall be appointed by the Rector subject to the approval of Council.

29. 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 the existing structure of Delta State owned Polytechnic.

30. Visitor of the Polytechnic. (1) The Governor shall be the Visitor to each of the polytechnics. (2) In addition to other powers and functions conferred upon him by the provisions of this Law, the visitor shall, as he may consider necessary, conduct visitation to each of the Polytechnics or direct that such a visitation be conducted by such persons in respect of affairs or such affairs of each polytechnic as he may specify in certain directions. (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 faculties 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 in the State shall apply.

31. Dispute Resolution. (1) In the event that any dispute arises beyond the council’s ability to resolve, the matter may be referred through Council to the visitor. (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 questions as to the meaning of a provision of statue, 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 provision of this section shall apply in relation to any doubt or dispute as to whether a matter is for the purpose of this law, an academic or a non-academic matter.

32. Removal of members of Council. (1) If it appears to council that a member of council should be removed from office on the grounds of misconduct or inability to perform function of his office, Council shall make the recommendation 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.

33. 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 senior staff which amounts to gross misconduct and is prejudicial to the interest of the Polytechnic, be shall submit the particulars of the misconduct to Council. (2) If it appears to council that there is reason for believing that disciplinary action shall be instituted against the staff concerned on the grounds of misconduct or of inability to perform the functions of his office or employment, 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 Council, and (c) If the staff concerned or any three members of Council so request within the period of one month beginning from the date of the notice, arrangement shall be made for: (i) a Joint Committee of Council and the Board to investigate the matter and report on it to Council; and (ii) the person in question to be afforded an opportunity of appearing before it and be heard by the investigating committee with respect to the matter, (iii) If Council, after considering the report of the investigating committee, is satisfied that the person in question be removed from office or employment he shall be so removed by an instrument in writing signed by the Registrar on the direction of Council. (3) Council may suspend or terminate the appointment of any staff on the ground of: (a) physical or mental incapacity which 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 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 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 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 as to whether: (a) such staff shall continue with such suspension and on what terms or (b) reinstate such staff; or (c) to terminate the appointment of such staff concerned; (d) where Council, pursuant and to this section decides to continue with a staff’s suspension or take further disciplinary action Council shall, before the expiration of a period of three months from such suspension come to final determination in respect of the case concerning such staff. (5) Any decision taken by Council, pursuant to this section, shall be served on the staff to whom it concerns. (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.

34. STUDENTS DISCIPLINE. (1) The Council of each Polytechnic shall make regulations in respect of the suspension or expulsion 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) the student shall not participate in such activities of Polytechnic or make use of such facilities of the polytechnic within a specified period, or the activities of the student, shall during the specified period be restricted; or (b) the student shall not participate in such activities of the Polytechnic or make use of such facilities of the Polytechnic within a specified period, or the activities of the student, shall during the specified period be restricted; or (c) the student be expelled from the polytechnic; or (d) the student be advised to withdraw from the Polytechnic. (3) The Rector may delegate his power under this section to a disciplinary body consisting of such members as he may deem 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 an inquiry to be made in the matter either confirm or set aside the direction or modify it in such manner as Council thinks 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.

35. Removal of Dean of Schools. (1) The Dean of a School may be removed from office for established 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.

36. 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) other amounts, charges or dues recoverable by or on behalf of the Polytechnic; (d) interest on investments; and (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 hire of any property; and such other monies as may accrue to the polytechnic, from other sources.

37. Finance and general purposes committee and functions. (1) There shall be a committee of the Council in each Polytechnic to be known as the Finance and General Purpose Committee consisting of: (a) the chairman; (b) the Rector; (c) Deputy Rector; (d) three other members of council representing other bodies of the Polytechnic. (e) permanent Secretary, Ministry of Higher Education or his representative. (f) Permanent Secretary, Ministry of Finance or his representative. (2) the quorum at a meeting of the Committee shall be four, exclusive of the Rector. (3) subject to any directive given by Council, the committee may regulate own proceedings.

38. Annual Estimates. (1) Council of each Polytechnic 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 the 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.

39. Accounts and audited annual reports. (1) The Polytechnic shall: (a) keep proper accounts of its assets, liabilities, revenue and expenditure each financial year; and (b) prepare statement of accounts containing such particulars that show true financial position the of the polytechnic. (2) The accounts of the polytechnic shall be audited annually. (3) The Chairman of Council shall forward a copy of each of the annual report and the audited account in respect of the immediate later than the month of June each year.

40. Payment into bank. (1) All monies received on account the polytechnic shall be paid into such banks or banks as may be approved by Council for the credit of the Polytechnic’s general current or deposit account provided that 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 the bank accounts of the Polytechnic.

41. Authentications. (1) The seal of the Polytechnic shall be authenticated by both the Rector and the Registrar. (2) A document purporting to be 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, shall not be required to be under seal may be executed on behalf of the Polytechnic by a person generally or specifically authorized to do so by Council or the Board.

42. Powers of the Polytechnic to make regulation. Subject to the provision of this law, the polytechnic may make rules or regulations for any of the following purposes: (a) the composition or constitution of any authority of the Polytechnic other than those specified in this Law; (b) the exercise of powers and duties of any authority of the Polytechnic; and (c) regulating performance of any other incidental matter; (d) the admission, discipline and welfare of students; (e) the conditions of service of any cadre of its staff; and (f) other matters for which provisions is authorized or required by this Law.

43. Appointment of the Committee. A proposed rule or regulation shall not be binding unless it has been approved in a meeting of the Council by votes of not less than two-thirds of members present and voting.

44. Modes of Exercising the regulatory powers. (1) Any Body established by this law may without prejudice to the generality of its powers, appoint a committee, which may not consist exclusively of its members and authorize such committee to: (a) carry out such of its functions as it may determine; (b) (i) co-op members; (ii) direct whether co-opted members (if any) shall be entitled to vote or not. (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 dealing with it or reporting on it to those bodies or any of them. (3) Except as may be otherwise provided by statue or regulations, the quorum and procedures 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 this section shall be construed as enabling: (a) statues to be made otherwise than in accordance with this Law; or (b) any other Body to make regulations or to award certificates and diplomas or other qualifications otherwise than in accordance with this Law. (5) The Chairman of Council and, the Rector shall be members of every committee which the members of are wholly or partly appointed by 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.

45. Validity of proceedings. The validity of any proceedings of a body established in pursuance to this Law, shall not be affected by reason of vacancy in the membership of the body.

46. Mode of service. Any notice or other instrument authorized to be served by virtue of this law may, without prejudice to any other mode of service, be served by the registered post or known Courier Service to the Registrar.

47. Conflicts in provisions In the event of any statue, rule, regulation being inconsistent with the provisions of this law, this law shall prevail and the statue rule or regulation shall to the extent of that inconsistency be void.

48. Establishment, Composition and Functions of the Interim Management Team. (1) There shall be established a body known as the "interim Management Team" which shall consist of (a) Honourable Commissioner for Higher Education as Chairman; (b) The Permanent Secretary of Ministry of Higher Education shall be the Secretary; (c) Four nominees of the Governor from the Polytechnics host communities who must be seasoned academicians. (2) The interim management team shall handle the transitional administration perform the following and functions, namely (a) approval of the recruitment of core staff in the Polytechnics; (b) to advise the Visitor on the planning process of setting up and establishing the Polytechnic; (c) to recommend to the Visitor for approval the implementation for each Polytechnic; (d) to liaise with the National Board of Technical Education and other relevant Federal bodies; and (e) to ensure the strict compliance by the Polytechnics with the existing policies on higher education in the Federation, and (f) any other function as may be directed by the Governor.

49. Transaction Administration. (1) The transition administration Committee of the Polytechnics shall be in force until the Polytechnics commence their first academic calendar year; (2) During the period of transition administration, the bodies authorities holders of offices and general administration of the Polytechnics established under this Law shall function under the general and/or specific directives of the Interim Management Team; (3) Upon the expiration of the tenure of the interim Management Team or extension thereof, the bodies, authorities, holders of offices and general administration of the Polytechnic shall assume their full tenure and effect without anything more to be done provided that anything done or purported to be done by the lnterim Management Team that was legally done shall remain valid.