The Complete 2004 Laws of Nigeria

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NATIONAL MEDICAL COLLEGE ACT

ARRANGEMENT OF SECTIONS      

SECTION                

  1. Establishment of National Medical College.
  2. Functions of the College.
  3. Constitution of the College.
  4. Composition of the Governing Board.
  5. Functions of the Board.
  6. Composition of the Senate.
  7. Functions of the Senate.
  8. Appointment and tenure of office of President and members of the Governing Board and the Senate.
  9. Faculty Boards.
  10. Candidates for examinations.
  11.  Award of diploma.
  12. Award of honorary fellowships and election of fellows.
  13. Publication of approved standards and institutions.
  14. Appointments of secretary and other staff.
  15. Interpretation.
  16. Short title.

SCHEDULE

Supplementary provisions relatinto the GoverninBoardthe Senate, etc.

NATIONAL MEDICAL COLLEGE ACT

An Act to establish a National Medical College to be charged with the responsibility
of conducting examinations in the various specialised branches of medicine, surgery,
obstetrics and gynaecology and dental surgery and other related matters.

[1979 No. 67.]

[24th September1979]

[Commencement.]

  1. Establishment of National Medical College

There is hereby established a National Medical College (in this Act referred to as "the
College") which shall be a body corporate with perpetual succession and a common seal.

  1. Functions of the College

The College shall have responsibility for the conduct of professional post-graduate
examination of candidates in the various specialised branches of medicine, surgery,
obstetrics and gynaecology and dental surgery and making awards in relation thereto accordingly.

  1. Constitution of the College

(I) The College shall consist of all Fellows of the College and its affairs shall be
managed by-

       (a)        a Governing Board; and

       (b)       a Senate,

which shall each exercise such powers as are conferred on it by this Act.

(2) The supplementary provisions in the Schedule to this Act shall have effect with
respect to the proceedings of the Governing Board and the Senate and the other matters
therein mentioned.

[Schedule.]

  1. Composition of the Governing Board

The Governing Board of the College shall consist of--

       (a)        the President of the College, who shall be chairman;

       (b)        the President and the registrar of the Medical and Dental Council of Nigeria;

       (c)        twelve representatives of the Senate;

       (d)        the Federal Director of Medical Services and Training;

       (e)        the Permanent Secretary, Federal Ministry of Health or his representative;

       (f)        the Permanent Secretary, Federal Ministry of Finance or his representative;

       (g)        the Permanent Secretary, Federal Ministry of Education or his representative;
and
       (h)        one representative of the armed forces of the Federation, who shall be a
registered medical practitioner or dental surgeon.

S. Functions of the Board

The Governing Board shall be the governing body of the College and shall be charged
with the general control and superintendence of the policy, finances and property of the
College including its public relations.

  1. Composition of the Senate
    The Senate shall consist of-

     (a)        the President of the College, who shall be chairman;

     (b)        the chairman and secretary of each faculty board appointed pursuant to section 9 of this Act; and

     (c)        one representative elected by each faculty.

  1. Functions of the Senate

The Senate shall have responsibility for the running of the academic affairs of the
College including-

     (a)              the organisation and control of courses of study at the College and of the
examinations held in connection with those courses; and

     (b)              the award of degrees, diplomas and such other qualifications as may be
prescribed in connection with examinations held as aforesaid.

8. Appointment and tenure of office of President and members of the Governing
Board and the Senate

(1) Subject to paragraph I of the Schedule to this Act, the President shall be
appointed by the Governing Board and shall hold office as such for two years.

[Schedule.)

(2) In the event of the death or incapacity of the President or if for any reason other
than the effluxion of time the office of President is vacant, the Governing Board shall
appoint another person as President for the residue of term of the President.

(3) Members of the Governing Board appointed under paragraph (b) of section 4 of
this Act and members of the Senate appointed under paragraphs (b) and (c) of section 6
of this Act shall each hold office for two years.

(4) Any of the members of the Governing Board or the Senate referred to in subsection (3)
of this section, may by notice to the Governing Board or, as the case may be, to
the Senate, resign his appointment and where any such member ceases to hold office
before his term of office would have expired by the effluxion of time, the body by whom he
was appointed or elected shall, as soon as may be, appoint or as the case may be, elect a
person to fill the vacancy for the residue of the term aforesaid.

  1. Faculty Boards

(1) Each faculty shall comprise all fellows in the appropriate specialty and the faculties in the
College shall be as follows, that is-

     (a)        the faculty of anaesthesia;

     (b)        the faculty of general dental practice;

     (c)        the faculty of dental surgery;

     (d)      the faculty of general medical practice;

     (e)        the faculty of obstetrics and gynaecology;

      (f)         the faculty of ophthalmology;

      (g)        the faculty of paediatrics;

      (h)        the faculty of pathology;

      (i)         the faculty of physiology;

      (j)          the faculty of psychiatry;

      (k)        the faculty of public health;

      (I)         the faculty of radiology;

      (m)       the faculty of surgery; and

      (n)        the faculty of any other specialty as may be prescribed by the Governing Board
of the College.

(2) Each faculty shall elect from among its members not less than eight nor more
than sixteen persons to serve on its Faculty Board, two of such persons being elected
chairman and secretary, respectively of the Faculty Board; and all members so elected to
the Faculty Board shall each hold office for a period of two years.

(3) Subject to such standing orders that may be made by the Senate for that purpose,
each Faculty Board may carry out its duties as it deems fit.

(4) Each Faculty Board shall appoint a court of examiners and the courts shall be
charged with the conduct of examinations under this section and thereafter the Faculty
Board shall make its recommendations to the Senate.

(5) Members of a Faculty Board shall not be entitled to any emoluments, other than
expenses reasonably incurred in travelling on the Board's business, but members of a
court of examiners shall be entitled to such remuneration as the Governing Board of the
College may authorise.

10. Candidates for examinations

Where a candidate offers himself for examination under this Act he shall satisfy the
appropriate Faculty Board-

       (a)        that he is a registered medical practitioner or dental surgeon, as the case may
be, so however that if the candidate is on the temporary register he may be examined only
by leave of the Senate given either generally or as a special case;and

       (b)        that he is in possession of and is therein named as the holder of a certificate
from an institution recognised by the College showing that he has satisfactorily
attended the prescribed course of training in the particular speciatised branch
and for the prescribed period of the course.

11. A ward of diploma

Where the College awards its diploma under this Act, the holder shall be entitled to
status as a fellow in the specialised branch of which the diploma is evidence.

12. Award of honorary fellowships and election of fellows

(1) The College may on the recommendation of the Senate, award honorary fellowships
to persons of distinction in the community who need not be medical practitioners or
dental surgeons and, subject to subsection (2) of this section, may on the like recommendation,
elect fellows who need not have offered themselves for any postgraduate examination conducted by the College.

(2) No person shall be eligible for election as a fellow unless he already possesses a
postgraduate degree, diploma or other qualification registered with the Nigeria Medical
Council and satisfies such other conditions as may be prescribed by the College.

13. Publication of approved standards and institutions

The College shall, from time to time, publish in the Federal Gazette and elsewhere as
it may think fit-

     (a)       particulars of the standards which are to be treated as sufficient for the purposes
of examinations conducted by the College pursuant to this Act; and

     (b)       the list of institutions recognised for the purposes of section 10 of this Act.

14. Appointments of secretary and other staff

(1) The Governing Board may employ such staff of the College as the Governing
Board may consider necessary for the purpose of any of the functions conferred on any
body under this Act.

(2) The Governing Board shall from among the officers appointed pursuant to subsection (1)
of this section, select a person to act both as its secretary and as secretary to the Senate.

15. Interpretation

(1) In this Act, unless the context otherwise requires-

"Act" means the Medical and Dental Practitioners Act;
[Cap. M8.]

"College" means the National Medical College established by section 1 of this Act;

"Faculty Board" means any Faculty Board established by or pursuant to section 9 of
this Act;

"Governing Board" means the Governing Board of the College referred to in sec-
tion 3 of this Act;

"Medical and Dental Council" or "the Council" means the Medical and Dental
Council of Nigeria, established by section 1 of the Act;

"President" means the President of the College;

"Senate" means the Senate of the College referred to in section 3 of this Act.

(2) Unless the context otherwise requires, expressions used in this Act have the same
meaning as in the Act.

16. Short title

This Act may be cited as the National Medical College Act.

SCHEDULE
[Section 3 (2).]

Supplementary provisionrelatintthGoverninBoardthe Senate, etc.

Compositioof thfirssenate anFacultBoards and electioof the

first President of the College

1. (I) Notwithstanding anything to the contrary in this Act the persons who immediately
before the commencement of this Act were members of any Faculty Boards appointed by the
Council, shall on the commencement of this Act become members of the corresponding
Faculty Boards for the purposes of this Act and shall be deemed to have been appointed pursuant
to section 9 of this Act.

(2) Half of the members of Faculty Boards to whom sub-paragraph (I) of this paragraph
relates, shall remain in office for a period of one year and the other half for a period of two
years. Thereafter appointments of members of Faculty Boards shall be made in accordance
with the provisions of section 9 of this Act.

(3) The persons who were chairman and secretary of any Faculty Board referred to in
sub-paragraph (I) of this paragraph shall be deemed to have been duly elected as chairman
and secretary for the purposes of subsection (2) of section 9 of this Act. Each Faculty Board
shall also elect the first representative of the corresponding faculty on the Senate as specified
in section 6 (cof this Act.

(4) The first meeting of the Senate shall be summoned by the President of the Council
and shall be presided over by him. At this meeting, the Senate shall elect the person to be
recommended to the Governing Board for appointment as the first President of the College as
well as the first twelve representatives of the Senate on the Governing Board, as specified in
section 4 (cof this Act.

(5) The first meeting of the Governing Board shall be called by the President of the
Council and shall be presided over by him, until the President of the College is appointed in
the manner prescribed in section 8 (I) of this Act.

Proceedingof thGoverninBoard, Senate, etc.

2. (I) The Governing Board may make standing orders regulating its proceedings or of any
committee of the Board.

(2) The Senate may make standing orders regulating its proceedings or of any Faculty
Board or of any committee of the Senate.

3. The quorum-

(a) of the Governing Board shall be seven;
(bof the Senate shall be fourteen;
(c) of any Faculty Board shall be determined by the Senate.

4. At any meeting of the Governing Board or the Senate the President shall preside and if the
President is absent the members present shall elect one of their number to preside at that
meeting.

Committeeof the Governing Board and Senate

5. (1) The Governing Board may appoint one or more committees to carry out on behalf of
the Board such of its functions as the Board may determine but a decision of a committee
shall be of no effect until it is confirmed by the Board.

(2) The Senate may appoint one or more committees to carry out on behalf of the Senate
such of its functions as the Senate may determine but a decision of a committee shall be of no
effect until it is confirmed by the Senate.

Miscellaneous

6. (l) The fixing of the seal of the College shall be authenticated by the signature of the
President or of some other member authorised generally or specially by the Governing Board
for that purpose.

(2) Any contract or instrument which, if made or executed by a person not being a body
corporate, would not be required to be under seal, may be made or executed on behalf of the
College by any person generally or specially authorised to act for that purpose by the Governing Board.

(3) Any document purporting to be a document duly executed under the seal of the College shall
be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.

7. The validity of any proceedings of the Governing Board, the Senate or any Faculty Board
or of a committee of the Governing Board or the Senate shall not be affected by any vacancy
in the membership of the body concerned or by any defect in the appointment of any member
or by reason that a person not entitled to do so, took part in the proceedings.

8. Any member of the Governing Board, and any person holding office on a committee of
the Board who has a personal interest in any contract or arrangement entered into or proposed
to be considered by the Board or a committee thereof shall forthwith disclose his interest to
the Board and shall not vote on any question relating to the contract or arrangement.

                                                SUBSIDIARY LEGISLATION

                                                                                                    No Subsidiary Legislation