School of Health Technology Law, 2002

SCHOOL OF HEALTH TECHNOLOGY LAW, 2002

1. Citation and commencement. This Law may be cited as the School of Health Technology Law, 2002, and shall come into effect on the 2nd day of June, 2003.

2. Interpretation. In this Law- "Board" means the Academic Board of School of Health Technology, Ofuoma; "Chairman" means the part-time Chairman of the Governing Council of the School; "Commissioner" means Delta State Commissioner for Health; "Council" means the Governing Council of the School; "Executive Council" means the Delta State Executive Council; "Governor" means the Governor of Delta State of Nigeria; "members of staff" means members of staff of the School and shall include the Provost of the School; "Provost" means the Provost of the Delta State School of Health Technology; "regulations" means the regulations made by the Board of the School; "School" means the Delta State School of Health Technology, Ofuoma in Ughelli North LGA, Delta State; "State" means the Delta State of Nigeria.

3. Establishment of the School. There shall be established in the State a School to be known as the Delta State School of Health Technology and shall be a body corporate having perpetual succession and common seal with powers to sue and be sued in its corporate name.

4. Objects. The objects of the School shall be- (i) to provide courses of study, training and research in health technology leading to the award of Higher Diploma, other diploma and certificate, as may be determined by the Council; (ii) to provide avenue for continuing education in the health and related fields; (iii) to provide avenue for health curriculum development.

5. Powers and Functions of the School. (1) The School shall be both a teaching and examining body and shall, subject to the provisions of this Law, the statutes and the regulations of the School, have the following functions and powers to- (a) provide rules and conditions under which persons may be admitted as students of the School for any particular course of study provided by the School; (b) provide course of instructions in the academic and professional subjects whether for the students of the School or for others; (c) make provisions for research and the dissemination of knowledge; (d) establish departments and such other units of learning and research as the purpose of the School may require; (e) institute such offices and posts as the object of the School may require and to appoint persons, prescribe their conditions of service and remove any of such persons when necessary; (f) establish and maintain libraries, laboratories, workshops, lecture halls, halls of residence, dining halls, sports fields and other buildings or facilities that may be required in connection with the execution of any of the objects of the School; (g) provide and maintain residence, recreation and welfare for members of staff of the School as may be deemed necessary; (h) fix, demand and receive monies from any student or any other person attending the School as tuition, boarding and ancillary fees as the School may from time to time determine; (i) prescribe rules for the discipline of the students of the School; (j) hold or arrange examinations and arrange for the grant of diplomas, certificates and distinctions to persons who have pursued relevant courses of study approved by the School and have satisfied such other requirements as may be laid down; (k) invest subject to the limitations or conditions that may be imposed, any monies apportioned to the School by way of endowment, whether for general or special purposes, and such other monies as may not immediately be required for current expenditure in any investment, or securities or the purchase or improvement of land, with power from time to time to vary any such investments and to deposit any monies for the time being uninvested with any bank as deposit or current account; (l) to borrow money on such terms and conditions as may be recommended by the Governing Council upon the approval of the Executive Council for the furtherance of any object of the School; (m) print or publish work or undertake services as may be deemed consistent with the objects of the school; (n) do all such other acts and things incidental to the foregoing power as may advance the object of the School. (2) Without prejudice to the provisions of the foregoing subsection, the School may, by special arrangement or agreement with the West Africa Health Examinations Board, National Community Health Practice Board and other bodies, prepare its students for Diploma Certificates or other distinctions that may be approved by the Academic Board and the Governing Council. (3) Subject to the provisions of this Law, the powers conferred on the School by subsection (1) of this section shall be exercised on behalf of the School by the Council or the Academic Board or in any other manner which may be authorised by the statutes.

6. Establishment of Governing Council. There shall be established a Governing Council of the School to be known as the Governing Council of the Delta State School of Health Technology, Ofuoma.

7. Composition of Council. The Council shall comprise the following members- (a) the Chairman who shall be appointed on part-time basis by the Governor on the recommendation of the Commissioner; (b) six members to be appointed by the Governor as follows- (i) permanent Secretary; Ministry of Health, Delta State or his designated representative; (ii) the Director, Primary Health Care, Ministry of Health Delta State; (iii) the Provost of School of Health Technology, Delta State; (iv) one of the Heads of Department of the School in rotation; (v) two other members to represent the public interest and should come from other Senatorial Districts other than that of the Chairman.

8. Tenure of office. The Chairman of the Council shall hold office for a period of three years from the date of his appointment and shall be eligible for re-appointment for another term of three years only.

9. Vacancy. Any vacancy occurring in the membership of the Council shall be filled by the appointment of a successor who shall represent the same senatorial interest as his predecessor for the remainder of the term of the predecessor.

10. Functions of Governing Council. Subject to the provisions of this Law, the Governing Council shall be the governing authority of the School with powers to- (i) make, amend or revoke resolutions in the direction and regulation of the affairs of the School; (ii) supervise all affairs of the School property and in particular, the control of the property and finance of the School; (iii) approve the School curriculum from time to time after consultation with appropriate Research Bodies and other interested organisations; (iv) appoint committees from among its own members 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 such committee; (v) delegate, as the case may be, all or any of its powers not exclusively to be exercised by the Governing Council itself or its Chairman or Provost as it thinks fit; and (vi) consider the annual budget and annual report and submit same to the appropriate authority for approval not later than three months before the end of the financial year.

11. Secretary of the Governing Council. The Registrar shall be the Secretary of the Council and shall attend all meetings thereof unless excused for good cause by the Chairman.

12. Procedure at meetings. (1) The Chairman, or in his absence the person appointed to act as Chairman, may at any time direct the Secretary to summon a meeting of the Council. (2) Any three members of the Council may by notice in writing signed by them request the Chairman to summon a special meeting of the Council for the purposes set out in such notice and the Chairman shall thereupon order a special meeting to be summoned. (3) The Council shall meet at such time and place as the Chairman may appoint provided that the Council must hold at least four meetings in each academic year. (4) The Chairman of the Council shall, if present, be the Chairman of the meeting. (5) In the absence of the Chairman or if the office of the Chairman is vacant, members of the Council who are present shall choose one of their members to be the Chairman of the meeting.

13. Co-option of members. Where upon on any special occasion the Council desires to obtain advice or any special information from any person on any particular matter, the Council may co-opt such person or persons to be member or members of such meetings and may be required that such person or persons whilst so co-opted shall have all the rights and privileges of a member save that he shall not be entitled to vote on any issue.

14. Quorum of the Council. Four members of the Governing Council including the Chairman or in his absence, the person appointed to act as Chairman shall constitute a quorum.

15. Voting. (1) Every question before the Council or any body established under the provisions of this Law, at any meeting shall be determined by a simple majority of the members present after voting. (2) Every member present and having a voting right at any meeting shall have one vote but in the case of a tie the Chairman of the meeting shall have a casting vote.

16. Taking and keeping of minutes. (1) The Secretary shall keep an accurate record of the minutes of the Council meeting in the minutes book provided for such purposes. (2) The minutes of every meeting shall be signed by the Chairman of the meeting and the Secretary after it has been adopted at the next meeting.

17. Council may appoint committees. The Council may appoint committees to which it may delegate any of its responsibilities and functions

18. Establishment of Academic Board. There shall be an Academic Board for the School which shall have direct control over the academic work of the School.

19. Composition of Academic Board. The Board shall comprise- (i) the Provost, School of Health Technology ................................ Chairman; (ii) the Deputy Provost of the School ....................................... Member; (iii) all Heads of Academic Departments in the School ..................... Members; (iv) the Registrar of the School ............................................ Secretary.

20. Functions of the Academic Board. (1) Subject to the overall control and direction by the Council, the Academic Board shall perform the following functions- (a) direct and manage all academic matters of the School including the regulations for admission, organisation of examinations and all formalities related to registration and/or licensing with the Governing Board/Council; (b) make recommendations to the Board/Council, for the establishment of academic programmes and units of learning and research in the School; (c) make regulations for the purpose of exercising any of the functions conferred on it under the provisions of this subsection; (d) any other function that may be delegated to it by the Council. (2) The Academic Board may appoint sub-committees or other sub-bodies for advising it and to which it may delegate any of the functions conferred on it under this section.

21. Establishment of Finance and General Purpose Committee. There shall be a committee of the Council to be known as the Finance and General Purpose Committee, which shall, subject to the directives of the Council, exercise control over the property and expenditure of the School and perform such other functions of the Council as the Council may from time to time delegate to it.

22. Property of the School. The Governor may by order published in the Gazette, transfer all or any of the property, whether moveable, or immovable, held, used by or being applied for the purpose of the school to the school and as from the date of such order any property transferred under the order shall vest in the school and shall be used for the purpose for which the school was established.

23. Power of Council to hold property. (1) The Council may on behalf of the School acquire and hold such movable or immovable property as may be necessary or expedient for the carrying into effect of the provisions of this Law. (2) Subject to the provisions of this Law, the Council may on behalf of the School invest the funds of the School in such manner and to such extent as it may think necessary or expedient; (3) Subject to the provisions of this Law, the Council may on behalf of the School enter into, vary, perform or cancel such contracts as may be necessary or expedient for carrying into effect the provisions of this Law.

24. Revenue of the Council. The revenue of the School shall include- (i) revenue from time to time accruing to the School by way of Government grants, subvention or endowment or other forms of grant-in-aid; (ii) fees Charged by and payable in respect of students; (iii) any other money charged or dues recoverable by the School; (iv) receipts for publications or services; (v) interests on investments; and (vi) donations and legacies.

25. Annual estimates. Before the end of each financial year, or at such other time as may be required by the Council, the Provost shall present for scrutiny and acceptance in whole or in part by the Council, estimates of revenue and expenditure for the ensuing financial year and the accepted estimates shall be presented to the Commissioner who shall cause same to be placed before the Executive Council for consideration and approval.

26. Auditing of accounts. The Auditor-General of the State shall have the right of access to the books, accounts and vouchers of the School and shall be entitled to such information and explanation as he may deem necessary for the audit of the School accounts.

27. Statement of revenue and expenditure. (1) There shall be prepared a statement of revenue and expenditure during the previous financial year together with a statement of assets and liabilities of the School as at the last day of the financial year. (2) The statement, duly certified by the Provost, shall be audited and after verification by the Council, shall together with the auditor's report, be forwarded to the Commissioner who shall cause the same to be placed before the Governor.

28. Provost. (1) There shall be a Provost for the School who shall be the Chief Executive and Chief Academic Officer of the School. (2) The Provost shall be appointed by the Governor on the recommendation of the Commissioner and, shall hold office for a period of three years and may be appointed for a second term of three years and shall not be eligible again for reappointment. (3) Subject to the regulations of Council; the Provost shall exercise authority and discipline over the staff and students of the School.

29. Deputy Provost. (1) There shall be a Deputy Provost who shall assist the Provost in the administration of the School. (2) The Deputy Provost shall be appointed by the Council and shall hold office for such period and on such terms and conditions as may be specified in the instrument appointing him.

30. Head of Academic Department. The School shall be organised into such Academic Departments as the Council may from time to time approve and each department shall have a head who shall perform the duties and functions which the Provost may from time to time assign to him.

31. Registrar. (1) There shall be a Registrar for the School who shall be appointed by the Council and shall be responsible to the Provost for the general administration of the affairs of the School. (2) The Registrar shall hold office for such period and on such terms and conditions as may be specified in the instrument appointing him.

32. Bursar. (1) There shall be a Bursar for the School who shall be responsible to the Provost for the financial administration of the School. (2) The Bursar shall be appointed by the Council and shall hold office for such period and on such terms and conditions as may be specified by the instrument appointing him.

33. Appointment of other staff. (1) Senior staff on Grade Level 07-13 shall be appointed and promoted by the Senior Staff Appointment and Promotion Committee, while the appointment and promotion of staff on Grade Level 14 and above shall be subject to the approval of the Commissioner on recommendation of the Council. (2) The power to appoint staff on Grade Level 01-06 shall vest in the Provost, but this function may be exercised on his behalf by the Registrar of the School to be assisted by the appropriate committee: Provided that all such appointments shall reflect the geographical spread of the State.

34. Transfer of staff. (1) All professional staff whose functions are affected by virtue of this Law shall have the option to transfer their services to the School or withdraw same. (2) Secondment or deployment to the School shall follow the procedure applicable in respect of the secondment or deployment of officers of the Public Service of the State or Local Government Service Commission.

35. Suspension and removal from office. (1) The Provost may be suspended or removed from office by the Governor for reasons of gross misconduct, or inefficiency on the recommendation of the Council. (2) The Council shall have power to suspend or remove any senior member of staff of the School for reasons of misconduct or inefficiency.

36. Common seal of the School. (1) The Provost shall have custody of the common seal of the School and shall be responsible for affixing same to documents. (2) The common seal of the School shall not be used save upon the directions of the Council, and shall be by the signature of the Provost and Registrar.

37. By-law. The Council may make, add to, delete or otherwise amend the provisions of a by-law with the approval of the Commissioner and such provisions shall when so amended be published in the State Gazette.

38. Power of the Commissioner to give directives and obtain information. (1) The Commissioner may give to the Council directions for the discharge by the Council of their functions in relation to matters appearing to the Commissioner to affect the public interest, and the Council shall give effect to such directions. (2) The Council shall afford to the Commissioner facilities for obtaining information with respect to the property of the School and the functions of the Council and shall furnish him with returns of accounts and other information with respect thereto and afford to him facilities for verification of the information furnished in such manner and at such times as he may require.

39. The power of the Commissioner to decide meaning of the provisions or by- law. In the event of any doubt or dispute arising at any time regarding the meaning of any of the provisions of this Law or by-law, the matter shall be referred to the Commissioner who may take such advice or make decision thereon as he may deem fit and the decision shall be binding upon the authorities, staff and students of the School.

40. Standing orders. (1) Without prejudice to any of the provisions of this Law, the Council may, with the approval of the Commissioner, make standing orders with respect to the holding of its meetings, the notices to be given of such meetings, the proceedings thereat, the keeping of minutes of such proceedings and the custody and production for inspection of such minutes and any other matters that may be considered necessary or desirable. (2) Chairman.- The Academic Board, the Finance and General Purpose Committee of the School may with the approval of the Council, make similar standing orders as in subsection (1) of this section and without prejudice to the generality of the said subsection, the standing orders may make provisions for special meetings and elections of temporary Chairman.

41. Pensions. Service in the School shall be approved service for the purposes of the Pensions Act and accordingly staff of the School shall be entitled to pensions, gratuities and other retirement benefits as are enjoyed by persons holding equivalent grades in the Civil Service of Delta State.

42. Transitional provision. As from the date of coming into operation of this Law, actions taken by the Governing Council or Board are deemed to have been made under and in accordance with this Law.