BAYELSA STATE COLLEGE OF ARTS AND SCIENCE (RE-ESTABLISHMENT) LAW, 2012

16 Apr

GOVERNMENT OF BAYELSA STATE OF NIGERIA

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BAYELSA STATE COLLEGE OF ARTS AND SCIENCE

(RE-ESTABLISHMENT) LAW, 2012

 

ARRANGEMENT OF SECTIONS

SECTIONS

            PART I:          ESTABLISHMENT AND FUNCTIONS OF THE COLLEGE

  1. Establishment Of The College  
  2. Aims and Objectives
  3. Functions
  4. Discrimination

 

PART II:         GOVERNING COUNCIL OF THE COLLEGE

  1. Establishment and Composition of the Governing Council
  2. Functions of the Council
  3. Meeting of the Council
  4. Appointment and Tenure of Office of Chairman and Members of the Council
  5. Scope of the Chairman’s Responsibility
  6. Rules and Regulations
  7. Mode of making Rules and Regulations
  8. Proof of Rules and Regulations
  9. Meaning of Rules and Regulations
  10. Committee of the Council
    1. Financial and General Purpose Committee
    2. Appointments and Promotions Committee

 

PART III:        OFFICERS OF THE COLLEGE

  1. The Provost
  2. Appointment and Removal of the Provost
  3. Duties of the Provost
  4. Tenure of Office of the provost
  5. The Deputy Provost
  6. The Registrar
  7. The Bursar
  8. The Librarian
  9. Scope of Responsibilities of Principal Officers
  10. Director of School or Institute
  11. Head of Department
  12. The Director of Works
  13. The Director of Health Service
  14. The Director of Student Affairs

 

PART IV:       BODIES OF THE COLLEGE

  1. The Academic Board
  2. Functions of the Academic Board
  3. Meeting of the Academic Board
  4. Terms and Conditions of Membership of the Academic Board
  5. Regulations
  6. Chairman of the Academic Board
  7. Establishment and Composition of Board of Studies
  8. Departmental Board of Studies
  9. Congregation
  10. Convocation
  11. Committees and Joint Meetings

 

PART V:         FINANCIAL PROVISIONS

  1. Funds and Resources of the College
  2. Accounts and Audits

 

PART VI:       MISCELLANEOUS PROVISIONS

  1. Compulsory Acquisition of Land
  2. Seal of the College
  3. Allowance
  4. Liability
  5. Declaration of Personal Interest
  6. The Visitor
  7. Interpretation
  8. Citation


 

FIRST SCHEDULE

PART I

FUNCTIONS OF THE COUNCIL

  1. General Powers
  2. Welfare of Staff and Students
  3. Discipline
  4. Discipline of Provost
  5. Discipline of Staff
  6. Discipline of Students

PART II

MEETING OF THE COUNCIL

  1. Time of Meeting
  2. Power to Co-opt
  3. Quorum
  4. Procedure

PART III

TENURE OF OFFICE OF MEMBERS OF THE COUNCIL

  1. Tenure of Office
  2. Vacation of Office

SECOND SCHEDULE

COMMITTEE ON APPOINTMENTS AND PROMOTION

PART I

  1. Committee on Appointment of Registrar, Bursar and Librarian
  2. Membership

PART II

  1. Membership of Appointment and Promotions Committee
  2. Quorum
  3. Terms of Reference

PART III

  1. Membership of Junior Staff Appointment Committee
  2. Terms of Reference


 

GOVERNMENT OF BAYELSA STATE OF NIGERIA

BAYELSA STATE COLLEGE OF ARTS AND SCIENCE

(RE-ESTABLISHMENT) LAW, 2012

 

A LAW TO PROVIDE FOR THE RE- ESTABLISHMENT OF THE COLLEGE OF ARTS AD SCIENCE IN BAYELSA STATE

Commencement                  (                                                                                                               )

BE IT ENACTED by the House of Assembly of Bayelsa State of Nigeria and by the Authority of same as follows:

 

 

PART I

ESTABLISHMENT AND FUNCTIONS OF THE COLLEGE

 

Establishment of the College

1.

(a)          Notwithstanding anything contained in the Bayelsa State College of Education Law, 2010 there is hereby re-established an institution of learning under the name of “Bayelsa State College of Arts and Science”, in this Law referred to as “the College”.

 

(b)         The College shall be a body corporate with perpetual succession and a common seal and can be sued in its corporate name.

 

(c)          The College shall be separate and distinct from both the Bayelsa State College of Education and the now defunct “Bayelsa State College of Arts and Science” established pursuant to the now repealed Bayelsa State College of Arts and Science Law, 2002. The College does not therefore inherit the assets and liabilities of the defunct Bayelsa State College of Arts and Science established pursuant to the said repealed Law.

 

 

Aims and Objectives

2.

It is the objective of the College to act as both a teaching and an examining body. The college shall therefore:

 

(a)              Provide courses of instruction and training and other facilities in Arts and Science, and make these facilities available on proper terms to such persons as are equipped to benefit from them;

 

(b)             Prepare and groom students for basic University entry requirements;

 

(c)              Offer such other courses of instrument as may be approved by the Academic Board of the College;

 

(d)             Hold or arrange examinations and grants diplomas, certificates, and other distinctions to persons who have pursued courses of instructions or study approved by the College and have satisfied such other requirements as may from time to time be laid down by the College.

 

(e)              Establish and administer Nursery, Primary and Secondary educational institutions;

 

(f)               Provides any other services or facilities due it as an educational institution.

 

 

Functions of the College

3.

   I.                Subject to the provision of this Law, the College shall perform such functions and exercise such powers as in its opinion are necessary to further the objectives of the College set out in section 2 of this Law and to maintain its well-being as an academic institution.

 

  1. Without prejudice to the generality of the provisions of subsection (1) of the section, the College shall have power:

 

(a)              To provide courses of instruction in Arts and Science disciplines and such other related subjects as the Governing Council of the College may deem fit.

 

(b)             To make provision for research and for the advancement of knowledge in the branches of learning in Arts and Science and related disciplines for such persons and in such manner as it shall determine;

 

(c)              To prescribe in its rules and regulations the conditions under which persons may be admitted as students of the College for any course of study provided by the college;

 

(d)             To award certificates, diplomas and other academic distinctions such as fellowship, bursaries, scholarships, medals, titles and other forms of assistance to and on such persons under such conditions and in such a manner as the Academic Board of the College shall determine;

 

(e)              To undertake printing, publishing and sale of book as may be deemed necessary; provided approval is obtained from the Governing Council of the institution.

 

(f)               To acquire by purchase or gift movable or immovable property and to sell, release, mortgage or otherwise alienate or dispose of any such property.

 

(g)              To establish campuses, faculties, schools, extra-mural within the College from time to time;

 

(h)             To provide libraries, labouratories, workshops, lectures halls, halls of residence, playing fields and other buildings or structures necessary for carrying out the objectives of the College;

 

(i)                To raise money and other contributions in such manner as the College may deem fit;

 

(j)                To demand and receive from students such fees as the Governing Council of the College may determine;

 

(k)              To provide for the welfare and discipline of the students and other members of the College.

 

Discrimination

4.

No discrimination on account of sex, race or ethnic group, creed, religion or political opinion or physical disability shall be shown against any person in determining whether or not such a person is:

(a)          To be appointed to the staff of the College; or

 

(b)         To be registered as a student of the College; or

 

(c)          To graduate from the College or receive a Diploma or Certificate of the College; or

 

(d)         To hold any advantage or privilege of the College

 

PART II

GOVERNING COUNCIL OF THE COLLEGE

 

Establishment and Composition of the Governing Council

5.

(1)             There shall be established a body to be known as the College Governing Council, in this Law referred to as the Council, which shall consist of the following:

 

(a)               Chairman: who shall be a person of proven integrity with interest in the advancement of education and having managerial skills;

(b)              The provost

(c)               The Deputy Provost (Administration)

(d)              The Deputy Provost (Academic)

(e)               The Permanent Secretary, Bayelsa State Ministry of Education, or a representative of the Ministry of Education;

(f)                Two elected members representing the Academic Board;

(g)               One elected member representing the congregation;

(h)              The Registrar, who shall be the Secretary to the Council;

(i)                 Six other members, appointed in writing by the Governor of Bayelsa State; at least two of whom shall be women, in accordance with the schedule of this Law.

 

 

(2)             The members specified in paragraphs (b) and (h) of subsection (1) of this section shall be ex-officio members; that is to say, they are members either by virtue of their offices or as representatives of their respective bodies.

 

Functions of the Council

6.

The Council shall exercise such powers and perform such functions as are prescribed in Part I of the First Schedule to this Law.

 

Meeting of the Council

7.

The meeting of the Council shall be convened and conducted in the manner prescribed in Part II of the Schedule to this Law.

 

Appointment and tenure of office of chairman and member of council

8.

The chairman shall be appointed and removed by the Governor of Bayelsa State for good cause.

(a)              Subject to the provisions of this Law, the Chairman shall hold office for a period of three years beginning from the date of such appointment, and shall be eligible for re-appointment for one further term of three years only.

(b)             As prescribed further in Part III of the First Schedule to this Law.

 

Scope of the Chairman’s responsibility

9.

Any question as to the scope of the Chairman’s responsibility shall be subject to the provision of this Law as determined by the council.

 

Rules and Regulations

10.

(1)             The Council may make rules and regulations to determine or regulate as the case may be:

(a)               Any matter which is required by this law to be prescribed by rules and regulations;

 

(b)              The powers and functions, constitutions and terms of membership of such bodies as the Council may from time to time set up;

 

(c)               The functions, duties and terms of office of such officers as the Council may consider appropriate to engage;

 

(d)              The disciplinary control of the Principal Officers and the academic and non-academic staff of the College;

 

(e)               The power of the Provost to determine the mode and penalties appropriate for the discipline of all categories of staff;

 

(f)                All procedural and other matters in furtherance of the objectives of the College and for the purpose of exercising the powers and performing the functions conferred on it by the provisions of this law.

 

(2)             In making rules and regulations for the discipline of staff of the College as provided in paragraphs (d) and (e) of subsection (1) of this section, the Council shall proceed with due regard to the rules on Discipline in Part I of the First Schedule to this law.

 

(3)             A rule and or regulation shall become effective on the date that it is approved by the Council.

 

Mode of making rules and regulations

11.

(1)             A rule and or a regulation will be deemed to have been made if:

 

(a)               A draft of the rules and regulations has been circulated to the members of the Council at least fourteen working days before the meeting  at which it is to be considered; and

 

(b)              After consideration at such meeting, the draft has been provisionally approved with or without amendments, of which notice in writing was circulated to the members at least three working days before the meeting for the second reading; and

 

(c)               The rule or regulation as provisionally approved at the second reading has been circulation to members of the council at least seven working days before the meeting at which it is proposed to finally confirm the rule and regulation; and

 

(d)              The rule or regulation is confirmed without amendment at a meeting of the Council held not less than one month after the meeting at which it was first provisionally approved.

 

(2)             If a provision of any rule or regulation made under subsection 1 of this section is inconsistent with the provision of this law, the provision of this law shall prevail and the provision of that rule or regulation shall to the extent of the inconsistency be null and void.

 

 

Proof of Rules and Regulations

12.

A rule or regulation may be proved in any court by the production of a copy certified by the Provost or the Registrar as being a true copy of the rule or regulation of the College.

 

Meaning of Rules and Regulation

13.

(1)             In the event of any doubt or dispute arising as to the meaning of any provision of rules and regulations the matter may be referred to the Chairman of Council who shall after consultation with Council make a decision as he deems fit.

 

(2)             The decision of the Council on a matter referred to it under subsection (1) of this section shall be conclusive and binding on all persons or group of persons concerned.

 

(3)             Nothing in this section shall affect the power of a court to determine whether a provision of a rule or regulation of the College is wholly or partly void as being inconsistent with the constitution of the Federal Republic of Nigeria.

 

Committees of the Council

 

 

14.

(1)             There shall be established committees of the Council which includes.

 

Financial and General purpose committee

 

(2)             The Financial and General Purposes Committee, which shall, subject to the directions of the Council, exercise control over the property and expenditure of the college and perform such other functions of the Council as the Council may from time to time delegate to it.

(a)              The Finance and General Purpose Committee shall consist of the following;

                                                    i.                   The Chairman of Council who shall be the Chairman;

 

                                                  ii.                   The provost

 

                                                iii.                   The Permanent Secretary, Ministry of Education or a representative of the Ministry not below the rank of Assistant Director;

 

                                               iv.                   Four other members of the Council appointed by the Council, one of whom shall be a member of the Academic Board;

 

                                                 v.                   The Registrar.

 

(b)              The Finance and General Purposes Committee shall meet as and when necessary for the performance of its functions under this law and shall meet at least six times in every year.

 

(c)               The quorum at any meeting of the Finance and General Purposes Committee shall be five.

 

(d)              Subject to this Law and the rules and Regulations of Council, the Finance and General Purposes Committee may make rules for purpose of exercising its functions or regulating its own procedure.

 

(3)             (a)       The Appointment and Promotions Committee             which shall be subject to the directions of the             Council, exercise control over the appointment             and promotion of all members of staff, including             principal officers of the College other than the             Provost, (see Schedule II) on such terms and             conditions as the Council may determine,             including the use of external assessors.

 

(b)       The Provost shall be the chairman of the             Appointments and Promotion Committee. Other             members shall be determined by the council as             specified in Schedule II.

 

(c)           The appointment of academic and non-academic staff by the Council may be on a permanent, temporary or contract basis as the Appointments and Promotions Committee may consider necessary.

 

(d)          The remuneration, terms and conditions of service of the staff of the College, including the Provost, shall be such as may be determined by the Council with approval of the Governor of Bayelsa State, but they shall not be less favourable than the remuneration and terms and conditions of service applicable to staff of colleges of its kind in Nigeria.

 

(4)             The Council may appoint any other committees consisting of such persons as it may deem fit to carry out on behalf of the Council such of its functions as the Council may determine.

 

PART III

OFFICERS OF THE COLLEGE

 

The Provost

15.

There shall be a Provost of the College who shall in relation to the College take precedence over all other members of the College except the Chairman or other person for the time being acting as Chairman of the Council.

 

Appointment and Removal of the Provost

16.

(1)              The Provost shall be a person of the rank of a Chief Lecturer or its equivalent with at least ten years cognate experience.

 

(2)              The Provost shall be appointed or removed from office by the Governor on the recommendation of the Council.

 

Duties of the Provost

17.

(1)             The Provost shall be the academic and administrative head of the College and shall be responsible to the Council for the day-to-day administration of the College.

 

(2)             The Provost shall perform such other functions in addition to the function conferred upon the Provost by the provisions of this law, as the Council may direct.

 

(3)             The Provost shall execute the decisions of the Council.

 

 

Tenure of Office of the Provost

18.

(1)             The Provost shall hold office for a period of three years.

 

(2)             Where a person has held office for a period of three years, that person may be re-appointed for another term of three years.

 

 

The Deputy Provosts

19.

(1)             There shall be two Deputy Provost, one for academic matters and the other for administrative matters.

 

(2)             The Deputy Provost (Administration) shall act in the place of the Provost when;

  1. The office of the Provost is vacant; or

 

  1. The Provost is for any reason unable to perform the functions of his office.

 

(3)             The Deputy Provost shall be appointed by the Council from a list of our names, submitted by the Provost, who shall be members of the academic staff not lower than the rank of a senior lecturer.

 

(4)             Subject to the provision of this law, the Deputy Provosts shall each hold office for a period of two years commencing from the date of appointment and on such terms and conditions as may be specified in their instruments of appointment.

 

(5)             If a Deputy Provost vacates office before the expiration of his term of office, the Council shall appoint a successor to hold office only for the rest of the two-year term.

 

(6)             A person shall not hold office as Deputy Provost for more than four consecutive years.

 

(7)             Where a person has held office as Deputy Provost for four consecutive years such a person shall not be eligible for re-appointment until two years have elapsed following the end of that period in which he held office as Deputy Provost.

 

The Registrar

20.

(1)             The Registrar shall be the Chief Administrative Officer of the College and shall serve as the Secretary to the Council.

 

(2)             The Registrar shall be responsible to the Provost for-

                         i.                   The day-to-day Administration of the College;

 

                       ii.                   Keeping the records and conducting correspondence of the College; and

 

                     iii.                   Performing such other functions as may be assigned to him.

 

(3)             The Registrar shall be appointed by the Board and shall possess a good degree from a recognized university with at least 10 years experience, five of which must be in an institution of higher learning.

 

(4)             The Registrar shall hold office for four years and may be re-appointed for another four year term.

 

The Bursar

21.

(1)             The Bursar shall be the Chief Financial Officer of the College.

 

(2)             The Bursar shall be responsible to the Provost for the day-to-day administration and control of the financial affairs of the College.

 

(3)             The Bursar shall possess a professional qualification such as ACCA or ICAN, CPA, ANAN or a B.Sc. degree with ACMA and must have ten years post-graduation/qualification experience with at least seven years in an institution of higher learning.

 

(4)             The Bursar shall hold office for five years and may be re-appointed thereafter for another term of five years.

 

The Librarian

22.

(1)             The Librarian shall possess a good University degree in addition to a professional qualification in library science with not less than 17 years post-qualification experience.

 

(2)             The Librarian shall co-ordinate all the library services of the College.

 

(3)             The Librarian shall be responsible to the Provost for the day-to-day administration of the College Library.

 

(4)             The Librarian shall hold office until retirement except he is removed from office in accordance with the provisions of this or any other relevant law.

 

Scope of Responsibilities of Principal Members

23.

(1)             Officers listed under sections 15-22 constitute Principal Officers of the College.

 

(2)             Any question as to the scope of the responsibilities or duties of principal officers other than the Provost, as set out in sections 19 to 22, shall be determined by the Provost.

 

Director of School or Institute

24.

(1)             There shall be a director for each School or Institute of the College who shall be a member of the academic staff not below the rank of a senior lecturer and who shall be appointed by the Council on the advice of the Provost.

 

(2)             The Director of a School or Institute shall:

 

  1. Be the head of the School or Institute as the case may be; and be responsible to the Provost for the day-to-day running of the School or Institute as the case may be.

 

(3)             The Director of a School or Institute shall hold office for two years from the date of such Director’s appointment, and unless he resigns or is removed for gross misconduct, may be eligible for re-appointment.

 

Head of Department

25.

(1)             Every academic unit or Institute of the College shall have a Head of Department who shall be appointed by the Council upon the recommendation by the Provost.

 

(2)             The Head of Department shall be of the rank of a Senior Lecturer.

 

(3)             A Lecturer of a rank not below that of a Senior Lecturer may be appointed an acting Head of Department.

 

(4)             The Head of Department of an academic unit shall exercise general superintendence over the academic and administrative affairs of the department and shall be responsible to the provost.

 

(5)             A Head of Department shall hold office for a term of two years beginning from the date of such appointment and may be re-appointed, subject to a maximum of two consecutive terms.

 

The Director of Works

26.

(1)             There shall be a Director of works who shall take charge of the works and maintenance services of the College.

 

(2)             The Director of works shall have a degree from a recognized University and must be registered with COREN.

 

(3)             The Director of works who shall be appointed by the Council shall have a minimum of ten years post graduate/qualification experience.

 

The Director of Health Services

27.

(1)             There shall be Director of Health Services who shall take charge of Health and health-related services of the college.

 

(2)             The Director of Health Services shall be a qualified Medical Practitioner who must be registered with the Medical and Dental Council of Nigeria.

 

(3)             The Director of Health Services, who shall have a minimum of ten years post qualification experiences, shall be appointed by the College.

 

The Director of Students Affairs

28.

(1)             There shall be a Director of Student Affairs who shall take charge of students’ affairs of the College.

 

(2)             The Director of Students Affairs shall be a staff of the rank of Senior Lecturer.

 

(3)             The Director of Students Affairs shall be appointed by the Provost.

 

 

 

 

 

 

PART IV

BODIES OF THE COLLEGE

 

The Academic Board

29.

There shall be an Academic Board for the College, the composition of which shall be as follows:

(a)                The Provost, who shall be the Chairman;

 

(b)               The Deputy Provosts;

 

(c)                The Directors of Schools and Institutes;

 

(d)               The Heads of Departments;

 

(e)                All Chief Lecturers;

 

(f)                 Two lecturers of the rank of Senior Lecturer and above from each of the Schools and Institutes of the College elected from amongst the members of the Boards of the Schools and Institutes;

 

(g)                The Librarian;

 

(h)               Such members of staff of the College elected from amongst the members of the Boards of the Schools and Institute;

 

(i)                  The Registrar, who shall be the Secretary.

 

 

Functions of the Academic Board

30.

(1)             The Academic Board shall subject to the ultimate control of the Council, and to other functions that may be delegated by the Council, take charge of all academic activities of the College and shall be responsible to the Council.

 

(2)             Without prejudice to the provisions of subsection (1) of this section the Academic Board shall:

(a)            Approve the curricula for the academic programmes and various courses of instrument of the College;

 

(b)           Make provision for the entry requirements and selection of the prospective students of the College from time to time;

 

(c)            Set up an examination system and approve the results of examinations conducted by the College;

 

(d)           Appoint external and internal examiners to conducts the examinations of the College, in collaboration with affiliate University where appropriate;

 

(e)            Determine and prescribe the mode of dressing of student in the College.

 

(f)             Encourage research, conferences, study groups and like activities in the College.

 

(g)            Establish academic units in the College, subject to the approval of the Council in writing, and allocate to them responsibilities in the different branches of learning;

 

(h)           Draw up rules for the award of certificates and diplomas of the College;

 

(i)              Make periodic reports on such academic matters as it considers necessary to the Council; and

 

(j)              Perform such other functions as the Council may from time to time direct.

 

(3)             The Academic Board may appoint committees and delegate any of its functions subject to such conditions as it deems fit.

 

(4)             Subject to a right of appeal to the Council over a decision of the Academic Board under this section, the Board may deprive any person of any certificate, diploma or any other award of the College (including any award made in collaboration with the affiliated Universities) which has been conferred upon such person if after due enquiry such is found to have been guilty of dishonourable, fraudulent or scandalous conduct in gaining admission into the College or obtaining that award.

 

(5)             The Academic Board may make Regulations in accordance with Section 34 of this Law for the purposes of its functions.

 

Meeting of the Academic Board

31.

The meeting of the Academic Board shall be convened and held in the manner prescribed below:

(a)              The Academic Board shall meet at such places and at such times as it shall determine.

 

(b)             The Provost may summon a meeting of the Academic Board whenever he deems it necessary.

 

(c)              Any three members of the Academic Board may request the Provost in writing to convene a meeting of the Academic Board.

 

(d)             The quorum of the Board at any meeting shall be one third or the nearest whole number less than one third of the members of the Board.

 

(e)              The Board may regulate its own meeting procedure.

 

Terms and Conditions of Membership of the Academic Board

32.

The term and conditions of service of members of the Academic Board shall be as prescribed below:

(a)              An elected member of the Academic Board shall hold office for a period of two years but shall not be eligible to be re-elected to office after serving for a continuous period of four years.

 

(b)             Any other members shall hold office for such period as may be specified in such person’s instrument of appointment.

 

(c)              An elected member of the Academic Board may by notice in writing to the Academic Board resign from office, after duly informing the School or Institute Board that elected such person.

 

(d)             The Provost shall cause to be prescribed by the Council procedure for electing members to the Academic Board.

 

 

Regulations

33.

(1)             The Academic Board shall have power to make regulations relating to:

 

(a)               Teaching schemes, study and research;

 

(b)              The conditions under which persons may be permitted to follow and to continue to follow schemes of instruction in the College;

 

(c)               The use of the College Library;

 

(d)              The conduct of examinations;

 

(e)               The award of certificates, diplomas and academic distinctions; and

 

(f)                Any other matter falling within the powers and functions.

 

(2)             Regulations shall be enacted and approved in the same manner as provided in sections 11 and 12 respectively of this Law for the making and proof of rules and regulations.

 

(3)             In determining the meaning of regulations the procedure prescribed in section 13 of this Law for determining the meaning of a rule and regulation shall be followed.

 

 

Chairman of the Academic Board

34.

(1)             The Provost shall be the Chairman of the Academic Board and shall preside at all meetings of the Board.

 

(2)             In the absence of the Provost the Deputy Provost (Academic) or in the absence of the Deputy Provost (Academic), the Deputy Provost (Administration) shall be Chairman at that meeting of the Board.

 

 

Establishment and Composition of Board of Studies

35.

(1)             There shall be established in each School or Institute of the College a body to be known as the Board of Studies which shall consist of:

(a)            The Director of the School;

 

(b)           The Heads of the various Academic Units/Departments of the School;

 

(c)            Such persons whether or not members of the School or Institute as the School or Institute Board of Studies may determine with the approval of the Academic Board;

 

(d)           All teaching staff of the School or Institute;

 

(e)            The Provost and the Deputy Provost (Academic) who shall be ex-officio members.

 

(2)             The quorum at any meeting of the School or Institute Board of Studies shall be one-third or the nearest whole number less than one-third of the members of the Board.

 

(3)             A School or Institute Board of Studies may regulate its own procedure and shall meet at such times and places as it shall determine.

 

 

Departmental Board of Studies

36.

(1)             There shall be established in each department of a school or institute, a body to be known as the Departmental Board of Studies which shall consist of:

(a)            The Head of Department;

(b)           All teaching staff of the department; and

(c)            Such other members as the School or Institute Board of Studies may determine.

 

(2)             The Departmental Board of Studies shall:

(a)            Advise the Board of Studies of the School or Institute on Academic and other matters of the College.

 

(b)           Organize and rune the department;

 

(c)            Consider and approve for presentation to the Board of Studies of the School or Institute, the Examination results of the department; and

 

(d)           Perform such other function as the Academic Board and the Board of Studies of the School or Institute may from time to time refer to it.

 

(3)             The Departmental Board of Studies shall be subject to the control and direction of the Academic Board through the School or Institute Board of Studies.

 

Congregation

 

(1)             There shall be a Congregation of the College which shall consist of:

(a)               The Provost;

 

(b)              The Deputy Provost;

 

(c)               All full time academic staff within the meaning of this Law; and

 

(d)              Every member of the non-academic staff who holds a degree or its equivalent of any University or Institution of Higher learning recognized for the purpose of this section, not being an honorary degree.

 

(2)             The Chairman at all meetings of the Congregation shall be the Provost, or in the absence of the Provost:

 

(a)               The Deputy Provost (Administration); or

 

(b)              In the absence of the Deputy Provost (Administration) the Deputy Provost (Academic) or any other member of the Congregation present at the meeting as the Congregation may appoint for the meeting.

 

(3)             The Quorum of the Congregation at any meeting shall be one-third or the nearest whole number less than one third of the members of the Congregation.

 

(4)             Subject to the provisions of this section the Congregation may regulate its own procedure.

 

(5)             The Congregation shall, on addition to electing its members to the Governing Council of the College, perform such other functions as may be prescribed by the rules and regulations of the College.

 

(6)             Congregation shall meet at least once a session.

 

 

Convocation

38.

(1)             The Governing Council shall formulate rules and regulations for the establishment of committees as it deems necessary for the effective performance of its functions and for the smooth running of the affairs of the College.

 

(2)             Without prejudice to the power conferred on the Council under subsection (1) of this section, a body or bodies established under the provisions of this Law shall have powers to appoint a committee consisting of:

 

(a)               Members of one body; or

 

(b)              Members of two or more bodies, for the purpose of considering or dealing with or reporting on matters within the competence of those bodies or any one of them.

 

(3)             Except an may otherwise be provided by the rules and regulations, the quorum and procedure of a Committee or meeting established or held under the provisions of this Law shall be as specified:

(a)               In the rules and regulations establishing them; or

 

(b)              By the body or bodies establishing them.

 

(4)             Nothing in this section shall be construed as:

(a)               Enabling the Governing Council to empower any other body to make rules and regulations; or

 

(b)              Enabling the Academic Board to empower any other body to make Regulations or award certificates, diplomas and other qualifications.

 

PART V

FINANCIAL PROVISIONS

 

Funds and Resources of the College

40.

The funds of the College shall be made up of:

(a)              Subventions from the Government;

 

(b)             Tuition and boarding fees;

 

(c)              Gifts, endowments, grants, investments; and

 

(d)             Monies from any other source approved by the Council.

 

Account and Audit

41.

(1)             The Council shall cause to be kept proper accounts and records of all financial transactions undertaken by the college in respect of each financial year in a form which shall confirm with the best accounting standards.

 

(2)             The Council shall cause the accounts of the College to be audited at the end of each financial year by the State’s Auditor-General or any person authorized by him.

 

(3)             The Council shall cause to be prepared an annual report which shall be published together with certified copies of the accounts audited for a financial year.

 

(4)             It shall be the duty of the council to submit to the Commissioner of Education of the State estimates of expenditure for the next financial year.

 

 

 

PART VI

MISCELLANEOUS PROVISIONS

 

Compulsory Acquisition of Land

42.

(1)             Whenever it becomes necessary or expedient to acquire any land or right over land for the purposes of the College, the Governor may on the application by the Governing council and after investigations as the Governor may deem fit, declare that the land is required for the purposes of the College.

 

(2)             Where a declaration is made under subsection (1) of this section, the land to which the declaration relates shall be deemed to be land required for a purpose of the State within the meaning of the Public Lands Acquisition Law, and the Governor may:

 

(a)               Cause action to be taken under the law for acquiring the land for the State; or

 

(b)              If the land is held under a customary tenure, may issue a requisition under the appropriate law for the revocation of any rights relating to the land.

 

(3)             Where a declaration has been made under subsection (1) of this section in respect of any land other than land held under customary law and the land has been acquired pursuant to subsection (2) of this section, the Governor may vest the land in the College by means of a certificate under the hand and seal of the Chief Land Officer of the State.

 

(4)             Where a declaration has been made under subsection (1) of this section in respect of any land held under a customary law tenure and the rights relating thereto have been revoked pursuant to subsection (2)(b) of this section, the Governor may grant the College a right of occupancy of the Land on such terms and on conditions as the Governor deem fit.

 

(5)             Any plan of any land referred to in subsection (1) of this section:

(a)            Continuing measurements of the boundaries of the land;

 

(b)           Showing the relationship of the land to any sufficient identifying mark; and

 

(c)            Signed by the Chairman of the Governing Council shall be sufficient description of the land for the purposes of an application under that subsection.

 

Seal of the College

43.

(1)             The seal of the College shall be such as may be determined by the council and any two of the following shall authenticate the fixing of the seal:

(a)            The Chairman of the Council;

 

(b)           The Provost

 

(c)            The Registrar

 

(2)             A document purporting to be a document executed under the seal of the College authenticated in accordance with the provisions of subsection (1) of this section shall be received in evidence and shall unless the contrary is proved be deemed to be so executed.

 

Allowances

44.

There shall be paid to the members of the Governing Council, and other Committees of the Council of the College such allowances as are applicable in other similar institutions.

 

Liability

45.

A member of the Governing Council, Academic Board or any other body establishing under the provisions of this Law shall not be personally liable to any act of Commission or omission in the performance of such duties under the authority of the Council, Academic Board or such other body.

 

Declaration of personal interest

46.

(1)             A member of the Council, Academic Board or anybody established under the provisions of this Law shall declare any personal interest that such members may have a matter before the Council, Academic Board or body of which such a person is member.

 

(2)             Upon the declaration of interest by a member of the Council, Academic Board or other body established under the provisions of this Law, the Council, the Academic Board or other body as the case may be may take action as it deems necessary, when the members(s) concerned have taken leave.

 

 

PART VII

 

The Visitor

47.

(1)             The Governor shall be the Visitor of the College.

 

(2)             The Visitor shall as often as the circumstances may require, not being less than once every four years, conduct a visitation of the College or direct that such visitation be conducted by such persons as the Visitor may consider fit and in respect of the affairs of the College.

 

(3)             It shall be duty of the bodies and persons comprising the College:

(a)            To make available to the visitor and to any other persons conducting the visitation in pursuance of this section, such facilities and assistance as he or they may reasonably require for the purpose of the visitation; and

 

(b)           To give effect to any instructions consistent with the provisions of this law which may be given by the visitor in consequence of the visitation.

 

(4)             The Visitor may give to the Council directives of a general or specific character with respect to performance by the Council of its functions under this law and the Council shall comply with such directives.

 

Interpretation

48.

In this Law, unless the context otherwise requires,

 

“Academic Staff” means the teaching staff of the College;

 

“Board” means the Academic Board established under section 29 of this law;

 

“Bursar” means the person appointed Bursar by the Council;

 

“Chairman” means the Chairman of Governing Council established under section 5 of this law;

 

“College” means the Bayelsa State College of Arts and Science established under section 1 of this law;

 

“Council” means the Council established under section 5 of this law

 

“Governor” means the Governor of Bayelsa State of Nigeria;

 

“Notice” means notice in writing;

 

“Prescribed” means as made by the Rules and/or Regulations;

 

“Principal Officers of the College” include the Provost, the Deputy Provosts, Registrar, Bursar and College Librarian;

 

“State” means Bayelsa State of Nigeria;

 

“Student” means a person attending the College of the purpose of learning;

 

“Regulations” means rules and/or regulation made by the Council and any other body authorized to make rules and regulations under the provisions of this Law.

 

 

Citation and Commencement

18.

This Law may be cited as the Bayelsa State College of Arts and Science (Re-establishment) Law, 2012 and it shall come into force on the ……………………… day of …………………………… 2012.

 

 

 

FIRST SCHEDULE

PART I

FUNCTIONS OF THE COUNCIL

General powers

1.

(1)             The powers conferred on the College shall be exercisable on behalf of the College by the Council and the act of the Council shall be deemed to be the act of the College.

 

(2)             Subject to the provisions of this Law the Council shall have power to do anything which in its opinion will facilitate the carrying out of the activities of the College and for the achievements of its objectives.

 

(3)             Without prejudice to the generality of subsection (2) of this section the Council shall have full responsibility for the general and overall superintendence and control of the affairs, policy, property and funds of the College.

 

(4)             The Council shall be answerable to the Governor through the appropriate authority in exercising the powers and performing the functions conferred on it by the provisions of this law.

 

 

Welfare of staff and students

2.

The council shall:

(a)              Be responsible for the welfare of staff and students of the College;

 

(b)             Regulate the conduct of the staff and students of the College;

 

(c)              Provide residence for the staff and students of the College where necessary; and

 

(d)             Determine other housing conditions for the staff and students of the College as may be necessary.

 

 

Discipline

3.

(1)              The Council may make rules and regulations:

(a)        For the purpose of regulating the conduct and discipline of the members of staffs and students of the College; and

 

(b)       May empower the Provost to make provisions for the discipline of students and staff of the College.

 

(2)             Without prejudice to the powers conferred on the Council by section (3) of this Schedule, for good cause, the Council may cause the removal or suspension of a member of staff of the College other than the Provost.

 

(3)             The Provost may, in a case of misconduct by a member of the staff which in the opinion of the Provost is prejudicial to the interest of the College, suspend such member and any such suspension shall forthwith be reported to the Council.

 

(4)             A person removed or suspended in accordance with subsection (2) and (3) of this section shall:

 

(a)            Be given notice of any such removal or suspension not later than seven days from the date the decision is taken;

(b)           Be afforded an opportunity of making representation in person on the matter to the Council.

 

(5)             Where a person referred to in subsection (3) of this section so requests and the request is supported by at least three members of the Council, the Council shall make arrangements for a committee of inquiry to investigate the matter leading to the person’s suspension or removal not later than one month after the notice of such suspension or removal has been given to the person concerned.

 

(6)             The Committee established under the provisions of subsection (5) of this section shall report its findings and recommendations to the council not later than six weeks after it is constituted.

 

(7)             Where the Council considers it necessary for a person to be removed or suspended from office on the basis of the findings or recommendations of the committee of inquiry the Council shall cause such a person to be removed by instrument in writing signed on the directives of the Council.

 

(8)             It shall be the duly of the person by whom an instrument of removal is signed in pursuance of subsection (2) of this section to use his best endeavour to cause a copy of the instrument to be served as soon as reasonably practicable on the people to whom it relates.

 

 

Discipline of Provost

4.

In the case of the Provost the council shall follow the Procedure prescribed in section (3) of this Schedule except that after considering the report or recommendations of the committee of inquiry the Council shall send its recommendations to the Governor for appropriate action.

 

Discipline of Staff

5.

(1)             All staff of the College shall be subject to the authority of the Provost for the purpose of discipline as the Council may direct by rules and regulations.

 

(2)             For the purposes of exercise the powers conferred on the Provost by the provisions of subsection (1) of this section, the Provost may appoint where necessary a disciplinary panel of such members of staff as the provost may determine for the purpose of advising the provost on any matters relating to discipline.  

 

(3)             A member of staff removed or suspended from office for a good cause by the provost may appeal to the council against the decision of the provost.

 

(4)             A member of staff removed from office or suspended under the provisions of this law shall be deprived of the rights and privileges attached to such office.

 

(5)             Where a person is suspended from office under the provisions of this law such a person shall not receive any remuneration and the council shall within three months decide the matter.

 

(6)             For the purpose of this section good cause means-

(a)            conviction for any offence which the council considers to be such as to render the person unfit for the discharge of the functions of that person’s office; or

 

(b)           Any physical or mental incapacity which the council after obtaining medical advice, considers to be such as to render the person concerned unfit to continue to hold the office; or

 

(c)            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 the office; or

 

(d)           Conduct which the council considers to be such as to constitute failure or inability of the person concerned to discharge the functions of that person’s office or to comply with the terms and conditions of the office.

 

 

Discipline of students

6.

(1)             subject to the provisions of this law where it appears to the provost that any student of the college has been guilty of misconduct the provost may without prejudice to any other disciplinary powers conferred on the provost by this law and in consultation with the academic board where necessary direct:

 

(a)            That the student shall not, during such period as may be specified in the directive, participate in such activities of the college or make use of such facilities of the college as may specified in the directive; or

 

(b)           That the activities of the student shall during such period as may be specified in the directive be restricted in such a manner as may be specified; or

 

(c)            That the student be rusticated for such period as may be specific in the directive.

 

(2)             Where a directive is given under subsection (1)(b) and (c) of this section in respect of any student, the student may within a prescribed period and in a prescribed manner appeal against the directive to the council.

 

(3)             Where such an appeal is brought, the council shall after causing an inquiry to be made as it deems necessary, ratify or set aside the directive or modify it in any manner as it deems fit.

 

(4)             An appeal against a directive in accordance with subsection (3) of this section shall not affect the operation of the directive while the appeal is pending.

 

(5)             The provost may delegate powers under this section to a disciplinary board consisting of such members of the college as the provost may nominate, subject in the case of rustication or expulsion to an appeal:

(a)            To the provost;

 

(b)      And then to the council.

 

(6)             The provost may empower the warden of a hostel to exercise disciplinary control except rustication or expulsion for breach of hostel rules.

 

(7)             Nothing in this section shall be constructed as preventing the restriction or termination of a student’s activities at the college otherwise than on grounds of misconduct.

 

 

PART II

MEETING OF THE COUNCIL

 

Time of meeting.

1.

(1)             The council shall meet at such times and in such places as it shall determine but in any case shall meet at least three times a year.

 

(2)             The first meeting of the council shall be summoned by the chairman.

 

(3)             The provost or any three members of the council may by notice in writing signed by them request the chairman to convene a special meeting of the council and the chairman shall on receipt of such a notice summon a meeting of the council.

 

(4)             The validity of any proceedings of the council shall not be affected provided a quorum based on the substantive members of council is formed.

 

 

 

Power to co-opt

2.

(1)              The council may co-opt a person but not more than two persons at a time to attend a meeting of the council to give advice.

 

(2)             A person so co-opted shall not have the power to vote.

 

Quorum

3.

The quorum of the council shall be six including at least two members who are not members of the academics board.

 

Procedure

4.

(1)             The council may regulate its own procedure and may function notwithstanding any vacancy in its membership.

 

(2)             Questions proposed at a meeting of the council shall be determined by a simple majority of members present and voting.

 

(3)             The chairman shall have a casting vote, where necessary.

 

 

PART III

TENURE OF OFFICE OF MEMBERS OF THE COUNCIL

 

Tenure of office

1.

(1)             The chairman and members of the council shall hold office for a period of three years on such terms and conditions and for such period as shall be stated in their instruments of appointments.

 

Vacation of office

2.

(1)             A person appointed to replace a member of the council whose office has been vacated in accordance with the provisions of this law shall hold office of the rest of the unexpired period of the office of the person he has been appointed to replace.

 

(2)             Such a replacement shall be made not more than one month after a chairman or member has vacated office.

 

(3)             A member of the council shall vacate office:

(a)               At the end of such period as may be specified in such person’s instrument of appointment; or

 

(b)              On conviction of a criminal offence involving fraud, dishonesty or moral turpitude; or

 

(c)               Upon resignation by notice in writing addressed to the governor in the case of members appointed by the governor and in all other cases by notice in writing addressed to the council.

 

(4)             The governor may on recommendations of the council cause the removal of the chairman or a member of the council on the grounds that:

 

(a)               Such a person is unable from whatever cause to perform the duties of his office; or

 

(b)              That such a person is unfit to discharge function his office.

 

 

SECOND SCHEDULE

PART I

COMMITTEES ON APPOINTMENTS AND PROMOTIONS

 

Committee on Appointment of Registrar, Bursar and Librarian

1.

There shall be a committee to consider and recommend to the Council a candidate for the appointment to the office of:

(a)              Registrar;

 

(b)             Bursar;

 

(c)              College Librarian

 

Membership

2.

The members of the Committee shall include the following:

(a)              Chairman of Council (chairman);

 

(b)             Provost;

 

(c)              Two members of the Council who are not members of the Academic Board.

 

(d)             Two members appointed by the Academic Board and;

 

(e)              Three external assessors appointed by the Council on the recommendation of the Provost.

 

PART II

 

Membership of Appointment and Promotions Committee

1.

The membership of the Appointment and Promotions Committee shall include the following:

(a)              Provost (Chairman);

 

(b)             Deputy Provosts;

 

(c)              Two members of the Council who are not members of the Academic Boards;

 

(d)             The Permanent Secretary, Bayelsa State Ministry of Education or a representative of the Ministry not below the rank of Assistant Director;

 

(e)              The Director of the School/Institute and/or the Head of Department concerned; and

 

(f)               Registrar (Secretary).

 

Quorum

2.

The quorum of the committee shall be two-thirds of the members including at least one Council member, provided that the Director of the School or Institute and/or the Head of Department alone may send persons to represent them.

 

Terms of Reference

3.

(1)             To consider and effect on behalf of Council appointments, confirmation and promotions of staff, subject to college regulations.

 

(2)             To consider application for study leave and sabbatical leave in accordance with regulations and criteria laid down by Council on the recommendation of the Academic Board.

 

(3)             To determine the point of entry of a new member of staff on first appointment.

 

(4)             To advise the College authorities on any matter pertaining to appointments and promotions of staff.

 

(5)             To consider any other establishment matters referred to it by the Council.

 

 

PART III

 

Membership of Junior Staff Appointment Committee

1.

The members of the Junior Staff Appointments Committee shall include the following:

(a)              Registrar (Chairman);

 

(b)             Head of Personnel;

 

(c)              One member of the Academic Board;

 

(d)             Head of the Department/Unit concerned;

 

(e)              Bursar;

 

(f)               Director of Works; and

 

(g)              Assistant Registrar (Personnel) (Secretary)

 

 

 

Quorum

2.

Two-thirds of the members shall form a quorum.

 

Terms of Reference

3.

(1)             To consider and effect on behalf of Council Appointments, Confirmations and Promotions of junior staff, subject to ratification.

 

(2)             To consider and recommend applications for training leave, attendance at courses, leave of absence, according to College regulations.

 

(3)             To advise the College authorities on matters pertaining to appointments, confirmations and promotions of junior staff.

 

(4)             To consider other matters referred to it by the Council.

 

 

This printed impression has been carefully compared by me with the Bill which has passed the Bayelsa State House of Assembly and found by me to be a true and correctly printed copy of the said Bill.

 

 

…………………………………………….

Mr. AARON NICODEMUS TIMIYE

Clerk of the House

 

 

Assented the …………………………. day of …………………. 2012

 

 

               

…………………………………………………….

HON. HENRY SERIAKE DICKSON

Governor of Bayelsa State

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