Delta State Post-primary Education Law

DELTA STATE POST-PRIMARY EDUCATION LAW

1. Citation. This Law may be cited as the Delta State Post-primary Education Law.

2. Interpretation. In this Law- "Board" means the Post-primary Education Board established under section 4 of this Law; "Board of Governors" means the Board of Governors appointed under section 11 of this Law; "child" means a person who is a pupil in a Post-primary Institution; "class for religions instruction" means a class or assembly of not less than ten persons receiving instructions in religious matters and in no other subjects save as may be prescribed by the Commissioner; "Commissioner" means the Commissioner charged with the responsibility for education matters in the State; "Council" means the State Advisory Council on Education, the Teachers Disciplinary Council on the Local Government Council as the case may be; "education office" means the office of the Ministry in a local government area; "functions" include powers and duties; "Government" means the Government of Delta State of Nigeria; "Governor" means the Governor of Delta State of Nigeria; "institutions" means a school or an assembly of not fewer than ten persons for the purpose of receiving regular instruction in a form of education of whatever kind, but does not include- (a) a class or institution, solely for the training of catechists, priests or other ministers of religion; or (b) a class for religious instruction; or (c) a class for technical instruction under a Course of apprenticeship; "member" in relation to a body established under this Law means the member of that body and includes the Chairman of that body; "Ministry" means the Ministry of Education in the State; "parent" in relation to any child, means the father or mother of the child, or a guardian or any person who has legal charge and lawful custody of the child; "post-primary institution" means an institution in which courses in post-primary education are offered and excludes polytechnics, colleges of education and universities; "premises" in relation to any institution includes all the land occupied by the institution whether or not such land is developed or undeveloped, as well as any detached fields belonging to the institution; "public institution" means a post-primary institution which is run and maintained mainly out of funds provided by the Government or an institution taken over by the Government; "public officer" has the meaning assigned to it under section 2 of the Public Administration Law; "registered pupil" in relation to any institution means a pupil registered as such in the register kept by the institution in accordance with the requirement of this Law; "regulations" means any regulations made by virtue of section 39 of this Law; "school" means an institution; "school year" means such period not exceeding twelve months, as the Government may from time to time declare as a school year for the purpose of this Law; "secretary" means the Secretary to the Post-primary Education Board; "Service" means the Teaching Service established under section 3 of this Law; "State" means the Delta State of Nigeria; "teacher" means a person possessing the requisite qualification recognised by the Commissioner to instruct and educate children in educational institutions; "teacher training institution" means a post-primary institution for the training of teachers; "technical institution" means a post-primary institution which provides a course or courses of training in the vocations, trades or crafts or in industrial technology, commercial subjects or office and related arts; "trade centre" means an institution the main function of which is to provide a course of training in industrial arts and crafts; "voluntary Agency" means a person, religious organisation, society, company, community or other group of persons who or which is the proprietor of any institution but does not include a local government council.

3. Establishment of Teaching Service. (1) There shall be established for the State a body to be called Post-primary Schools Teaching Service and subject to the provisions of this Law, all teachers and other persons employed by the Post-primary Education Board established in accordance with section 4 of this Law, either; before or after the date of commencement of this Law, shall be deemed to be employees in the Service: Provided that the provisions of this section shall not apply to any member of the Civil Service who is deployed to any such institutions of the Board. (2) Any person who has served as a member of the Board shall not be eligible to be appointed into the Service.

4. Establishment of Board. There is hereby established for the State a body to be called the Post-Primary Education Board which shall be a body corporate with perpetual succession and a common seal and shall have power to sue and be sued in its corporate name and to acquire, hold and dispose of movable and immovable property.

5. Composition and appointment of Board. (1) The Board shall consist of four full-time members, one of whom shall be the Chairman. (2) (a) The members shall be appointed by the Governor on the advice of the Commissioner, and subject to the pleasure of the Governor shall hold office for a period of three years and may be eligible for re-appointment. (b) A public officer shall not serve as a member of the Board.

6. Meetings of Board. (1) The Board shall not proceed to business at any meeting unless there is a quorum present, and three members shall form a quorum. (2) The Chairman of the Board shall preside at any meeting of the Board and in his absence the members present shall appoint one of their number to preside at that meeting.

7. Vacancy in membership of Board. The seat of a member of the Board shall become vacant if- (a) he dies; (b) he is unable to discharge the functions of his office; (c) he is convicted for a criminal offence involving fraud, dishonesty or moral turpitude; (d) he resigns his membership by notice in writing to the Governor; (e) the Board is dissolved; (f) he is absent for more than six months without the permission of the other members from meetings of the Board held during that period; (g) he is removed by the Governor for misbehaviour or any other cause.

8. Functions of Board. (1) The functions of the Board are- (a) to take charge of the administration of the Service, in particular to appoint, promote, dismiss, and exercise disciplinary control over teachers in post-primary institutions and other staff of the Board; (b) to compile and maintain post-primary teachers' records including the register of the post-primary teachers; (c) to prepare annual estimates of the Board and the establishment proposals for the Service; (d) to pay salaries and allowances of the staff of the Service; (e) to arrange for the internal auditing of Board and post-primary school accounts; and (f) to take charge of other related matters as may from time to time be assigned to the Board by the Commissioner. (2) The Chairman shall be chief executive and accounting officer of the Board.

9. Secretary to Board. (1) There shall be a Permanent Secretary to the Board who shall be appointed by the Governor and his appointment may be revoked at anytime by the Governor. (2) The Permanent Secretary shall be responsible for the day to day running of the Board. (3) The Permanent Secretary shall be present at all meetings of the Board and shall record the proceedings of the Board and keep custody of same. (4) All exercise of function of the Board shall be signified under the hand of the Permanent Secretary. (5) The Permanent Secretary shall advise the Board on matters before it and shall keep the Board informed of all matters affecting the welfare of the Board and members of the Service.

10. Role of Ministry and relationship with Board. Notwithstanding the powers conferred on the Board by this Law or any other enactment, the Commissioner shall have power to give specific or general directives to the Board on any matter which in his opinion, is relevant to the implementation of the post-primary educational policy of Government.

11. Board of Governors. Every public post-primary institution in the State shall have a Board of Governors which shall consist of- (a) a Chairman to be appointed by the Commissioner; (b) the officer in-charge of office of the Ministry in the area in which the institution is situated or his representative as ex officio member; (c) the head of the post-primary institution; (d) a representative of the old students association, if any, of the post-primary institution, appointed by that body; and (e) three fit and proper persons from the community in which the institution is situated to be appointed by the Commissioner.

12. Vacancy in membership of board of Governors. The seat of a member of the Board of Governors shall become vacant if- (a) he dies; (b) he is unable to discharge the functions of his office; (c) he is convicted for a criminal offence involving fraud, dishonesty or moral turpitude; (d) he resigns his membership by notice in writing to the Commissioner; (e) the Board of Governors is dissolved; (f) he is absent for more than six months without the permission of other members from the meeting of the Board of Governors; or (g) he is removed by the Commissioner for misbehaviour or any other cause.

13. Tenure of office. (1) The Chairman and the other members other than the ex officio member of the Board of Governors shall subject to the pleasure of the Commissioner hold office for a period of four years after the date of his appointment and shall be eligible for reappointment for a second term only. (2) Notwithstanding subsection (1) of this section the Commissioner may at any time, evoke the appointment of any member and a member may by notice in writing under his hand at any time resign his appointment.

14. Remuneration. Members of the Board of Governors shall not be paid any allowance or remuneration.

15. Meetings of the Board of Governors. (1) The Board of Governors shall not proceed to business at any meeting unless a quorum is present and four members present shall form a quorum. (2) The Chairman of the Board shall preside at any meeting of the Board and in his absence the members present shall appoint one of their number to preside at the meeting. (3) The decisions of the Board of Governors shall be by simple majority of all members present and voting at the meeting. (4) Subject to the, provisions of this Law and to the approval of the Commissioner the Board of Governors may make rules and standing orders to regulate its proceedings. (5) The Board of governors shall meet at least once in a school term.

16. Functions of the Board of Governors. The Board of Governors shall be responsible to the Commissioner and its functions shall include- (a) to advise on the physical development, equipment and furnishing of the institution; (b) to ensure that the educational facilities in the school are maintained and fully utilised for the purpose for which they are intended; (c) to ensure that school funds are utilized in accordance with the approved budget of the school and for the purpose for which they are intended; and (d) to do such other things as it may consider necessary for the functions assigned to it under the provisions of this Law or by the Commissioner.

17. Statutory system of post-primary education. The statutory system of post-primary education in the State shall be- (a) post-primary education; and (b) higher education.

18. Educational principle and objective. (1) The general principle is that every child shall be educated according to the wishes of his parents, the child’s age, ability and aptitude. (2) In the exercise and performance of the functions assigned to it under this Law the Commissioner and the Board shall have regard to the general principle so far as it is compatible with the provision of efficient instructions and training and public expenditure. (3) It shall be the duty of the Commissioner and the Board to develop a planned and integrated post-primary education system for the State and to take all such steps as may be desired to ensure the moral, mental and physical development of, and to foster the spirit of national consciousness in every child in attendance in every institution in the State.

19. Post-primary education. (1) Post-primary education shall consist of education to be provided, in accordance with this Law in secondary schools, teacher training colleges, technical colleges, trade centres and vocational schools but does not include education provided in polytechnics, colleges of education and the universities. (2) (a) Secondary school education shall be of six-years duration in two parts- (i) Junior Secondary school; and (ii) Post-junior Secondary school, (b) Each part shall be of a duration of three years provided that no child spends more than a total of eight years in the secondary school system, that is, four years in a junior secondary school and another four years in the post junior secondary school. (3) The junior secondary school shall be both pre-vocational and academic, while the post junior secondary school shall comprise- (i) senior secondary schools; (ii) technical colleges; and (iii) teachers training colleges.

20. Admission, termination and discipline. (1) Any person charged with the responsibility of admitting children into any public post- primary school, who refuses or fails to admit a child who is of post-primary school age, and qualified academically when a vacancy exists in the post-primary institution, shall be guilty of an offence and liable upon conviction, to a fine of twenty thousand naira and in default to imprisonment for a term not exceeding four weeks. (2) Nothing in subsection (1) of this section shall be construed as derogating from the power of the head of the, institutions to suspend a child from attending classes for a period not exceeding four weeks at any one time on disciplinary grounds. (3) Notwithstanding the provisions of subsection (1) and (2) of this section, the power to exercise disciplinary control over children, in an institution shall be vested in the head of the institution and he may delegate such power to any other teacher in the institution, save that the power to dismiss a child from school shall be vested in the Board with the approval of the Commissioner.

21. Fees, levies and scholarships. (1) Save as the State Executive Council may from time to time by order determine, the fees which shall be payable in respect of services provided in post-primary schools shall be as set out in .the First Schedule of this Law. (2) Handicapped children registered by the Ministry shall be exempted from payment of any fees. (3) The State Government shall grant scholarships to deserving children of the State origin in institutions of learning. (4) No persons or group of persons shall collect monies, donations or levied from pupils in public post-primary institutions or from their parents for any purpose without the approval of the Commissioner. (5) Any person who demands, receives or obtains school fees or any other fees or levies contrary to the provisions of subsections (1) and (3) of this section shall be guilty of an offence and upon conviction liable to a fine of fifty thousand naira or to imprisonment for a term of one year. (6) Any principal or any person who- (a) converts to his own use or otherwise embezzles or wrongfully uses any portion of the amount of the school fees collected; or (b) renders a false return, whether verbal or in writing, in respect of the number of children in a school or the amount of the school fees collected or received from the children in such a school; or (c) defrauds any person in connection with the school fees, shall be guilty of an offence and liable upon conviction to a fine of fifty thousand naira or to imprisonment for twelve months or both.

22. Establishment and closure of schools. (1) The Commissioner may from time to time establish, open and for good cause, merge or close any post-primary institutions in the State and permit individuals or voluntary agencies to establish and open institutions. (2) The Commissioner shall lay down the guidelines and conditions for individuals or voluntary agencies that wish to establish or open post-primary educational institutions. (3) No voluntary Agency or individual shall establish or open any post-primary educational institution except with the approval of the Commissioner. (4) After the approval of the Commissioner, the individual or voluntary Agency shall register his or its post-primary educational institution with the Ministry before commencement of operation. (5) Upon registration, the individual or voluntary Agency shall be issued with a license for a fee to be prescribed by the Commissioner. (6) A license issued under subsection (5) of this section shall expire on the 31st of December of every year after which it shall be renewed. (7) An individual or voluntary Agency who establishes or opens or helps to establish or open an educational institution other wise than in accordance with the provisions of this Law shall be liable to a fine of one hundred thousand naira and in default to imprisonment for a term of two years.

23. Use of institution premises. The premises of post-primary public institution shall not be used for any purpose which in the opinion of the Commissioner interferes with the purpose for which the premises was intended.

24. Powers of Commissioner to close institutions. (1) If at any time the Commissioner is satisfied that an educational institution is objectionable upon all or any of the following grounds- (a) that the proprietor is not resident in Nigeria; (b) that an offence under this Law has been committed by a person in that institution; (c) that the proprietor of the institution is not a fit and proper person to be the proprietor of the institution or a teacher employed therein is not qualified to be a teacher in the institution; (d) that the premises of the institution or any parts thereof are unsuitable for the use of an institution; (e) that the accommodation provided at the premises of the institution is inadequate or unsuitable having regard to the number, age and sex of the children attending the institution; (f) that efficient and suitable instruction is not being provided at the institution having regard to the age, ability and aptitude of the children attending the institution; (g) that the manner in which the institution is conducted is dangerous or potentially dangerous to the physical or moral welfare of the children in attendance; or (h) that having regard to any other educational facilities available in the area, the institution is not in the interest of the community to be served. The Commissioner shall serve upon the proprietor of the institution a notice of complaint stating the grounds of complaint and specifying the measures necessary in the opinion of the Commissioner to remedy the matters complained of in the notice and shall appoint a time not being, less than three months after the service of the notice within which the complaints are to be remedied. If the proprietor fails to comply with the terms of such notice the Commissioner may order the institution to be closed. (2) (a) The proprietor of an institution which has been ordered to be closed by the Commissioner under the provisions of subsection (2) of this section who fails to close the institution within the time specified shall be guilty of an offence and liable upon conviction to a fine of five hundred thousand naira, and in addition, a penalty of five thousand naira for each day during which the institution remains open after the specified date of closure. (b) If the offence continues after such conviction the proprietor shall be liable upon conviction on a second or any subsequent conviction to a fine of one million, naira and in addition, a penalty of ten thousand naira for each day during which the institution remains open or to imprisonment for one year or to such fine, penalty and imprisonment.

25. Inspector of institutions. (1) The Ministry shall establish in every local government area, an office to be known as the Inspectorate Division headed by a chief inspector of education. (2) The chief inspector of education shall be assisted by such number of inspectors as are necessary to ensure satisfactory inspection of institutions within the local government area. (3) Subject to any other directives as may from time to time be given by the Ministry, the functions of the Inspectorate Division, in each local government area shall include- (i) to inspect all institutions; (ii) to assess and report on the efficiency of the teaching instructions in every institution including its teaching staff; (iii) to furnish the Ministry, the Board and the local government council with up to date information about the educational standards, the problems, and potentials of the institutions under the division; (iv) to examine the records as are required to be kept by institutions in accordance with this Law; and (v) such other related functions as the Commissioner may from time to time direct. (4) The Ministry shall cause inspection to be made of every institution at least once during each school year.

26. Penalty for obstructing an inspector. Any person who obstructs an inspector or any person authorised to act in that behalf in the course of performing his duties under section 25 of this Law or who gives or supplies to any of the aforementioned officers any information which he knows to be false or does not believe to be true shall be guilty of an offence and liable upon conviction, to a fine of fifty thousand naira or in default to imprisonment for a term of three months.

27. Revenue and resources of Board. The revenue resources of the Board shall include- (a) grants from Government; (b) fees and other levies collected in respect of services it renders; and (c) such other sums as may accrue to it from other sources.

28. Government grants. Government shall make annual grants to the Ministry, towards the cost of defraying the running expenses of public post-primary institutions.

29. Annual estimates. (1) Every education office shall, in respect of every financial year, require the head of every public institution within its area of authority to submit to the education office not later than 31st August of each year for its consideration and review, estimates of its income and expenditure for the next succeeding financial year. (2) Every education office shall, before the end of every financial year, submit to the Ministry and the Board, the annual estimates of each public post-primary institutions within its area of authority prepared in accordance with subsection (1) of this section. (3) The Board shall, before the end of every financial year, submit to the Commissioner for approval an estimate of its income and expenditure for the next succeeding financial year.

30. Accounts and audit. (1) Any fees or levies collected or received by the Board or any person authorised in that behalf under this Law shall be paid into such account and disbursed in such manner as may from time to time be prescribed by the Commissioner in circulars and financial memoranda. (2) All education offices, public institutions and the Board, shall keep, accounts with such banks as the Commissioner may approve. (3) The Board may, subject to the approval of the Commissioner, borrow such sum of money as it may require from time to time. (4) It shall be the duty of the Board and every institution to keep proper books of account which shall conform with the standard to be prescribed by the Commissioner showing the sums received and expended by it. (5) The Board shall submit to the Commissioner as soon as practicable after the end of each financial year, a report on its activities during that year together with its audited accounts. (6) The accounts of the Board and the public institutions shall be audited by the Auditor- General of the State or any person authorised by him in that behalf in like manner as the accounts of other departments of Government are audited.

31. Declaration of the service as approved service under the Pensions Act. For the purposes of the Pensions Reform Act and any regulations made thereunder, service under the Board shall be an approved service in so far as such service related to- (a) all teachers; (b) other staff of the Board holding any office equivalent to any of the offices specified in the schedule to the Pensions (Declaration of Pensionable Offices) Order.

32. Employment of teachers and other staff. There shall be a uniform service condition for all teachers and other persons employed by the post-primary Education Board and for this purpose, the regulations to be made under section 31 of this Law providing for the conditions of service for teachers in the service shall apply to all the public institutions in the State.

33. Register of teachers. (1) The Board shall keep and maintain a register of teachers showing and containing the name, qualifications and other particulars of all teachers employed by the Service. (2) A teacher shall be deemed to have been registered in accordance with this section if immediately before the date of commencement of this Law he is registered as a teacher in accordance with the provisions of any written law and he is employed by the service applicable in the State at the date of such commencement. (3) Any person employed as a teacher in any institution in the State before or after the commencement of this Law shall, if not «already registered before the date of such employment, apply that his name be registered in accordance with subsection (1) of this section within six months of the date of such employment.

34. Establishment of Post-primary Teachers Disciplinary Council. (1) There is hereby established for the State a Council to be known as the Post-primary Teachers Disciplinary Council hereinafter referred to as "the Disciplinary Council" which shall consist of- (a) a Chairman; (b) a representative of the state wing of the Nigerian Union of Teachers; (c) four other fit and proper persons one of whom shall be a legal practitioner of at least five years standing. (2) Members of the Disciplinary Council shall be appointed by the Commissioner and shall hold office for a period of four years, subject to the pleasure of the Commissioner and shall be eligible for re-appointment for a second term only. (3) The Commissioner shall designate an officer from the Ministry to be the Secretary of the Disciplinary Council. (4) There shall be paid to members of the Disciplinary Council such allowances as may be approved by the Governor.

35. Functions of Disciplinary Council. Without prejudice to the disciplinary power of the Board under this Law, the Disciplinary Council shall inquire into allegations made against a teacher registered under the provisions of this Law, as may be referred to it by the Board.

36. Meeting of Disciplinary Council. (1) At every meeting of the Disciplinary council, three members present shall form a quorum. (2) The Chairman of the Disciplinary Council shall preside at all meetings and in his absence, the members shall appoint one of their number to preside at the meeting.

37. Procedure of Disciplinary Council. (1) The procedure to be adopted by the Disciplinary Council whilst inquiring into any allegation referred to it under this Law is as set out in the Second Schedule to this Law. (2) Subject to the provisions of this section, the Disciplinary Council may make additional rules and standing orders to regulate its own proceedings.

38. Disciplinary action. The Disciplinary Council may in respect of any case referred to it under section 35 of this Law, impose any one or more of such disciplinary actions as may be prescribed by regulations.

39. Regulations. Subject to the provisions of this Law and to the approval of the Governor, the Commissioner may by regulations make provisions with respect to all or any of the following matters- (a) the instructions to be given in institutions and the curricula of Studies relating thereto; (b) the admission of pupils into public institutions and the transfer of pupils from one public institution to another; (c) the standards of education to be attained by children seeking admission to, or completing their courses of studies in the institutions; (d) the standards to be attained by children in any class or department of any institution- (i) the examination of children in institutions and the classification of certificates awarded to children in any institution; (ii) the discipline of pupils in public institutions; (iii) the procedure with respect to the establishment, opening, merger, closure or transfer to new sites of any institution; (iv) the standards with which the premises of the institutions shall conform; (v) the records, accounts and similar documents to be kept in institutions and the returns and information to be supplied by persons and bodies responsible for the management and organisation of institutions; (vi) the organisation of institutions; (vii) the registration of teachers including the form of the register, and the duties of any officer charged with the responsibility for keeping the register, the qualifications for registration and the removal of names from the register; (viii) the classification of teachers and other persons employed under the provisions of this Law; (ix) the terms and conditions of service of teachers employed in public institutions; (x) discipline of teachers and other staff in public institutions; and (xi) such other matters as may be necessary for the purpose of giving effect to the provisions of this Law.

40. Delegation of functions by Commissioner. (1) The Commissioner may delegate to a public officer in the Ministry all or any of the functions conferred upon him by of under this Law. (2) Any delegation of power made in accordance with subsection (1) of this section may be made generally or in respect of any particular function or matter and shall be in writing but shall in no way prevent the Commissioner from exercising any function so delegated before the revocation of such delegation.

41. Establishment of ad hoc committees. Notwithstanding the other provisions of this Law, the Commissioner may from time to time appoint separate committees to advise him on any special matter connected with the theory and practice of post-primary education and the membership of such committees shall be as the Commissioner shall determine and such committees may be appointed notwithstanding that any body established under this Law has considered the matter.

42. Institutions exempted from operation of Law. Nothing in this Law shall apply in relation to- (i) any post-primary institution in the State which is owned and maintained by the Government of the Federal Republic of Nigeria; (ii) any other institutions as the Governor may by order determine. Schedule 1 DELTA STATE POST-PRIMARY EDUCATION LAW [Section 21 (1).] Approved Fees Chargeable in Post-primary School

1. The fees chargeable per annum in post primary schools shall be as prescribed by the Government from time to time.

2. Boarding fees chargeable shall be as prescribed by the Government from time to time. Schedule 2 DELTA STATE POST-PRIMARY EDUCATION LAW [Section 37 (1).] Procedure at Disciplinary Proceedings

1. When an allegation of professional misconduct against a teacher is made, the appropriate education office shall inquire into the matter accordingly.

2. If in the opinion of the Board the alleged misconduct is not proved or is not serious enough to warrant severe disciplinary action against the teacher, the Board may either exonerate the teacher or inflict on him such punishment as the Board may think fit.

3. If the misconduct is such as may warrant severe disciplinary action against the teacher, the Board shall refer the matter to the Disciplinary Council.

4. During an inquiry by the Disciplinary Council, the teacher against whom an allegation is made shall be given a fair hearing.

5. If in the opinion of the Council the alleged misconduct is serious to warrant proceedings with a view to his dismissal or the removal of his name from the register of teachers, the procedure shall be as follows- (a) the teacher shall be notified in writing of the grounds on which it is proposed to proceed against him and he shall be called upon to state in writing before a day to be specified (which day must allow a reasonable interval for the purpose) any grounds upon which he intends to rely to exculpate himself; (b) after the teacher has furnished the statement, the Disciplinary Council shall consider it and, if the Council is of the opinion that the statement exculpated the teacher no further proceedings shall be taken; (c) where the teacher does not furnish the statement within the time specified under subparagraph (a) of this subsection or if the Disciplinary Council considers that the statement does not exculpate him, the Council shall direct that proceedings shall continue and shall inquire into the matter or appoint a committee to do so; (d) if the Council decides to inquire into the matter, the teacher shall be informed that the question of his dismissal or removal of his name from the register will be considered by the Disciplinary Council on a specified day and time and that he will be required to appear before the Disciplinary Council to defend himself on that day and time; (e) if any witnesses are examined by the Disciplinary Council the teacher shall be given an opportunity to be present and to put questions to witnesses on his own behalf, and no documentary evidence shall be used against him unless he has previously been supplied with a copy thereof or given access to it; (f) the person making the allegation or the teacher may be represented by legal practitioner; (g) the Disciplinary Council shall be entitled to be assisted in the conduct of the inquiry by a law officer or legal practitioner assigned or appointed for the purpose by the Attorney- General of the State; (h) if during the inquiry further grounds of dismissal or removal of name from the register are disclosed, the Disciplinary Council may decide that proceedings be taken against the officer upon those grounds and in accordance with the procedure prescribed in this Schedule; (i) the Disciplinary Council having inquired into the allegation may decide that the teacher be dismissed or his name be removed from the register, or that he should suffer some lesser punishment, or that he be exonerated; (j) where the inquiry is conducted by a committee appointed by the Council the provisions of subparagraphs (d) and (f) of paragraph 5 of this Schedule shall apply to the proceedings of the committee as if the word "Committee" is substituted for the words "Disciplinary Council"; (k) a committee appointed by the Disciplinary Council shall, inquire into the matter, make a report of its findings to the Disciplinary Council and the Disciplinary Council shall, consider such report and if it is of the opinion that the report should be amplified in any respect or that further inquiry be made, it may refer the matter back to the committee for amplification or further inquiry; (l) upon considering the report or further report of the committee the Disciplinary Council hay decide that the teacher be dismissed or that his name be removed from the register or that he should suffer some lesser punishment or that he be exonerated; (m) if during the course of an inquiry by a committee further grounds for dismissal or removal from the register are disclosed, the committee shall report to the Disciplinary Council and the Disciplinary Council shall thereupon take such decisions it considers proper; (n) in reaching its decisions, the Disciplinary Council shall have regard to paragraph 6 of this Schedule.

6. The acts hereunder specified shall be regarded as acts amounting to professional misconduct- (a) conviction for a felony or misdemeanour; (b) conviction for an offence contrary to the provisions of this Law or any regulations made thereunder; (c) in relation to an application for registration as a teacher, knowingly furnishes to the register of teachers information which is false in a material particular; (d) in relation to an application for employment as a teacher- (i) knowingly making a statement which is false in a material particular; (ii) with intent to defraud, failing to disclose to an employer any material information within the knowledge of the offender; (e) having carnal knowledge of a child who is attending an institution of which the offending teacher is a member of staff; (f) conduct prejudicial to the maintenance of good order and discipline in an institution; and (g) conduct in respect of the staff or children in an institution which is disgraceful or dishonourable.