ARRANGEMENT OF SECTIONS
SECTIONS
1. Establishment of Chartered Institute of Professional Printers of Nigeria.
2. Establishment and Membership of the Governing Council of the Institute.
3. Tenure of Office, etc.
4. Cessation of Membership.
5. Powers of the Council.
6. Election of President and Vice-President of the Council.
7. Functions of the Institute.
8. Category of Membership.
9. Categorisation of Printing houses.
10. Establishment and management of fund.
11. Expenditure.
12. Accounts.
13. Gifts.
14. Power to borrow.
15. Power to invest.
16. Payment of judgment sum.
17. Transfer to the Institute of certain property.
18. Appointment of a Registrar, etc. and preparation of register.
19. Duties of the Registrar.
20. Publication of register and list of corrections.
21. Registration of printing professionals.
22. Certificate by the Registrar to be evidence of registration.
23. Regulation of registration of practitioner.
24. Approval of qualification.
25. Supervision of instrument, etc.
26. Establishment of Printing Practitioners Disciplinary Tribunal.
27. Penalties for Unprofessional Conduct.
28. Temporary registration of a person not a citizen of Nigeria.
29. Application of this Act to unregistered persons.
30. When persons are deemed to practice as printing professional.
31. Rules as to practice, etc.
32. Provisions of library facilities, etc.
33. Offences and penalties.
34. Regulations, rules and orders.
35. Interpretation.
36. Citation.
SCHEDULES.
FIRST SCHEDULE
Supplementary Provisions relating to the Council
SECOND SCHEDULE
Supplementary Provisions relating to the Disciplinary Tribunal Investigating Panel
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CHARTERED INSTITUTE OF PROFESSIONAL PRINTERS OF NIGERIA ACT
An Act to establish the Chartered Institute of Professional Printers of Nigeria (Registration, etc.), to be charged with the duty of regulating, controlling, managing and administration of Printers in Nigeria; and for related purposes
[30th July, 2007]
[Commencement.]
ENACTED by the National Assembly of the Federal Republic of Nigeria:
1. Establishment of Chartered Institute of Professional Printers of Nigeria.
(1) There shall be a body to be known as the Chartered Institute of Professional Printers of Nigeria (in this Act hereafter referred to as the “Printers Institute”) which shall carry out its functions through a Board established under this Act.
(2) The Institute shall be a body corporate with perpetual succession and a common seal;
(3) The Institute may sue or be sued in its corporate name and may acquire, hold or dispose of property, whether movable or immovable.
2. Establishment and Membership of the Governing Council of the Institute.
(1) There is established for the Institute a Governing Council (in this Act referred to as “the Council”) which shall have the functions set out in this Act.
(2) The Council shall consist of-
(a) a President and three Vice-President;
(b) five persons registered as either as fellows, member of associate of the Institute appointed by the Minister to represent both the Federal and State Government Printers; and
(c) fifteen persons elected by the Institute biannually of whom not more than eight shall be person in active practice as printing professionals;
(3) Regulations made by the Council with the approval of the Minister may provide for increasing or reducing the membership of the Council and may make such amendments;
(4) The President and members of the Council shall be paid such emoluments, allowance and benefits as may be determined by the Council from time to time.
(5) The supplementary provisions set out in the Schedule of this Act shall have effect with respect to the proceeding of the Council and the other matters contained therein.
[First Schedule.]
3. Tenure of Office, etc.
(1) The President and other members of the Council, other than ex-officio members:
(a) shall each hold office for a period of two years on such terms and conditions as may be specified in their letters of appointment; and
(b) may be re-appointed for one further period of 2 years and no more.
4. Cessation of Membership.
(1) Notwithstanding the provisions of section 3 of this Act, a person shall cease to hold office as a member of the Council if:
(a) he becomes bankrupt, or compounds with his creditors; or
(b) he is convicted of a felony or any offence involving dishonesty or fraud; or
(c) he becomes of unsound mind, or incapable of carrying out his duties; or
(d) he is guilty of a serious misconduct in relation to his duties; or
(e) in the case of a person possessed of professional qualifications, he is disqualified or suspended from practicing his profession in any part of the world by an order of a competent authority made in respect of that member; or
(2) If a member of the Council ceases to hold office for any reason whatever, before the expiration of the term for which he is appointed, another person representing the same interest as that member shall be appointed to the Council for the unexpired term.
5. Powers of the Council
(1) The Council shall have power to:
(a) formulate the general policies and rules relating to the administration of the Institute;
(b) supervise the management of the affairs of the Institute;
(c) subject to the provisions of this Act, make, alter and revoke rules and regulations for carrying on the functions of the Institute; and
(d) do such other things which in the opinion of the Council are necessary to ensure the efficient performance of the functions of the Institute.
6. Election of President and Vice-President of the Council
(1) There shall be a President and three Vice-Presidents of the Institute who, shall be elected by members of the Council, subject to section 8 of this Act.
(2) The President presides over meetings of the Institute, so however that in the event of the death, incapacity or inability, for any reason of the President, the First Vice-President shall act in his stead for the unexpired portion of the term of office, or as the case may be, references in this Act to the President shall be construed accordingly.
(3) The President or the Fist Vice-President shall respectively be Chairman and Vice-Chairman of the Council of the Institute.
(4) If the President or any of the Vice-President ceases to be a member of the Institute, they shall cease to hold any office under this section.
7. Functions of the Institute
(1) The Institute shall-
(a) determine the qualifications and skills to be attained by persons seeking to become registered members of the printing profession and reviewing those standards, from time to time, as circumstances may permit;
(b) secure, in accordance with the provisions of this Act, the establishment and maintenance of register of fellows, members and associates of the profession and of printing practitioners and the publication, from time to time, list of those persons;
(c) promote the advancement of education in the sciences and arts of printing, bookbinding, graphic design and graphic communication in all forms;
(d) promote education in the science and arts of printing, bookbinding, graphic design and graphic commuication (in all forms) and to encourage students to pursue their studies and practical training to the highest standard attainable;
(e) provide examination and appoint examiners and assessors to co-operate with any other examining body and to award or recognise certificates, diplomas or other awards made to those who passed approved examinations;
(f) promote and encourage original work and research, or development leading to innovation in the science and art of printing, bookbinding, graphic design and graphic communication and to publish all useful results of such research;
(g) offer advice to the Federal and State Governments on printing activities;
(k) collect, process and disseminate all printing data and information within and outside Nigeria;
(h) ensure that international standards and practices in printing operations are maintained;
(i) provide consultancy services to the public on printing; and
(j) carry out all other activities necessary for the full discharge of any of its functions under or pursuant to this Act.
8. Category of Membership
(1) Subject to the provision of this Act, persons admitted to membership of the Institute shall be-
(a) enrolled as printing professionals in the category of –
(i) fellows;
(ii) members;
(iii) associates;
(iv) graduates;
(v) affiliates;
(vi) students;
(vii) honorary fellows; and
(b) be registered as printing practitioners and shall have a status as registered in the Institute accordingly.
(2) A person registered under this Act as a printing profession shall entitle to be enrolled as-
(a) a fellow if-
(i) he is at least forty-five years of age and he has satisfied the Council that for the period of ten years immediately preceding the date of application in that behalf he has been eligible and holder of approves academic qualification;or
(ii) in continuous active practice on his own as printing professional or in partnership with other printing practitioners;
(b) a member if he is at least thirty-five years of age and has for the period of not less than ten years immediately preceding the date of application been enrolled as associate, whether inactive practice as professional or not and is otherwise eligible.
(c) an associate if-
(i) he satisfies the Council that he has passed relevant examination prescribed or accepted by the Institute, or
(ii) he is otherwise considered by the Council eligible to be so enrolled;
(d) a graduate if-
(i) he is at least twenty-one years of age, received the approved training and has passed the relevant examinations prescribed by the Institute; or
(ii) he is otherwise considered by the Institute to be eligible to be so controlled or registered;
(e) a student member if-
(i) he is at least eighteen years of age, who has passed a preliminary qualifying examination or has reached a standard of education prescribed by the Council; or
(ii) he is undergoing an approved course acceptable to the Council for enrollment
(f) an affiliate member if he is at least twenty-five years of age, has had suitable experience in or connected with printing and showing interest, to the conviction of the Institute, in the advancement of the science and art of printing; and
(g) an honorary fellow if, in the opinion of the Council, has rendered some outstanding service to advance the science and art printing or to the Institute and has been found worthy to be invited by the Council to become such a member.
(3) The designatory letters of the-
(a) Fellow of the Chartered Institute of Professional Printers of Nigeria shall be “FIOP”;
(b) Member of the Chartered Institute of Professional Printers of Nigeria shall be “MIOP”;
(c) Associate of the Chartered Institute of Professional Printers of Nigeria shall be “ASSOCIOP”; and
(d) Graduate of the Chartered Institute of Professional Printers of Nigeria shall be “GRADIOP”.
(4) Subject to the provisions of this Act, persons enrolled, registered or admitted into membership of the Institute and having such status as-
(a) Associate;
(b) Graduate;
(c) Affiliate;
(d) Student; and
(e) Honorary fellow,
shall not be entitled to use any designation of his membership of Institute.
9. Categorisation of Printing Houses
(1) Subject to the provisions of this Act:
(a) there shall be a body established to-
(i) register and categorize printing houses,
(ii) on the basis of area of specialization as it relates to the type of job that a printer or printing house should handle and the equipment possessed by such individual or corporate body.
10. Establishment and Management of Fund
(1) There shall be established for the Institute a fund which shall be managed and controlled by the Council.
(2) There shall be paid and credited into the fund-
(a) all fees and other moneys payable to the Council in pursuant to this Act; and
(b) such moneys as may be provided by way of gifts, loans, grants-in-aid from national, bilateral and multilateral agencies or otherwise.
(3) There shall be paid out of the fund all expenditure incurred by the Council in the discharge of its functions under this Act.
11. Expenditure
The Institute shall, not later than 30th September in each year, submit to the Minister an estimate of its expenditure and income for the next succeeding year.
12. Accounts
(1) The Council shall keep proper records of accounts on behalf of the Institute in respect of each financial year and proper records in relation to those accounts and shall cause its accounts to be audited within six months after the end of each year by auditors and in accordance with the guidelines supplied by the Auditor-General for the Federation.
(2) The account shall be submitted to the members of the Institute for approval by them ay the next Annual General Meeting.
13. Gifts
(1) The Institute may accept any gift of land, money or other property on such terms and conditions, if any, as may be specified by the person or organization making the gift.
(2) The Institute shall not accept any gift if the conditions attached by the person or organization making the gift are inconsistent with the functions of the Institute under this Act.
14. Power to Borrow
The Institute may, from time to time, borrow by way of overdraft or otherwise such sums as it may require for the performance of its functions under this Act.
15. Power to Invest
(1) The Institute may, subject to the provisions of this Act and the conditions of any created in respect of any property, invest all or any of its funds in any security prescribed by the Trustee Investment Act in such other securities as any, from time to time, be approved by the Council.
(2) The Institute shall be exempted from the payment of income tax to any income accruing from investment made by the Council for the Institute or otherwise howsoever.
16. Payment of Judgment sum
Any sum of money which may be judgment of any court be awarded against the Institute shall, subject to any direction given by the court where notice of appeal against the judgment has been given, be paid from the fund of the Institute.
17. Transfer to the Institute of certain property
(1) On the appointed day-
(a) all property held immediately before that day by or on behalf of the associations shall by virtue of this subsection and without further assurance; vest in the Council and be held by it for the purpose of the Institute;
(b) the existing Association opting for this Charter shall cease to exist;
(c) subject to the next succeeding subsection; any act, matter or thing made or done by the associations shall cease to have effect.
(2) The provisions of Second Schedule to this Act shall have effect with respect to, and matters arising from the transfer by this section to the Institute of the property of the associations and with respect to other matters mentioned in that schedule.
18. Appointment of a Registrar, etc. and preparation of Register
(1) The council shall appoint for the Institute a Registrar who shall be a registered member with not less than ten years experience.
(2) The Registrar shall prepare and maintain, in accordance with rules made by the Council, a Registrar of names, addresses, approved qualifications and of such other qualifications and particulars of all persons and corporate members who are entitle in accordance with the provisions of this Act to be enrolled as fellows, members or associates, or registered as printing practitioners and who, applies to be so registered.
(3) The Register shall consist of five parts of which-
(a) the first part shall be in respect of fellows;
(b) the second part shall be in respect of members;
(c) the third part shall be in respect of associates;
(d) the fourth part shall be in respect of graduates, affiliates and students; and
(e) fifth part shall be in respect of printing practitioners and corporate bodies.
(4) Subject to the following provisions of this section, the Council shall make rules with respect to the form and keeping of the register and the making of entries therein and in particular-
(a) regulating the making of applications for enrolment or registration, as the case may be, and providing for the evidence to be produced in support of such applications;
(b) providing for the notification to the Registrar, by the person to whom any registered particulars relate, of any change in those particulars;
(c) authorising an enrolled or registered person to have any qualification approved or accepted for the purposes of this Act entered in relation to his name in addition to or, as he may elect, in substitution for any other qualifications so registered.
(d) specifying the fees, including any annual subscription, to be paid to the Institute in respect of the entry of names on the register, and authorising the Registrar to refuse to enter a name on the register until any fee specified for the entry has been paid; and
(e) specifying anything under this section provided that rules made for the purpose of this section, shall not come into force until they are ratified at a meeting of the Institute.
(5) The Council may, appoint such other staff as it considered necessary to assist the Registrar in the discharge of his duties under this Act
(6) The Registrar and other staff of the Council shall hold office on such terms and conditions as the Council may determine.
19. Duties of the Registrar
The Registrar shall-
(a) correct in accordance with the Council’s directions any entry in the register, which the Council directs him to correct as being in the Council’s opinion an entry which was incorrectly made;
(b) make from time to time any necessary alterations to the registered particulars of registered person;
(c) remove from the relevant part of the register the name of any registered person who has died, or as the case may be ceased to be entitle to be registered; and
(d) record the names of members of the Institutes who are in default for more than four months in the payment of annual subscriptions and to take such action in relation thereto (including removal for the names of defaulters from the register) as the Council may direct.
(2) If the registrar-
(i) sends by post to any registered person, a registered letter addressed letter to him at his address on the Register enquiring whether the registered particulars relating to him are correct and receives no reply to the letter within the period of three months from the date of posting, and
(ii) upon the expiration of that period sends in like manner to the person in question a second similar letter and receives no reply to that letter within a further period of three months from the day of posting it, the Registrar may remove the particulars relating to the person in question from the relevant part of the Register:
Provided that the Board may for any reason which seems to it to be sufficient direct the Registrar to restore to the appropriate part of the Register any particulars removed therefrom under this subsection.
20. Publication of register and list of corrections
(1) The Registrar shall-
(a) cause a list of persons whose names and qualifications are indicated in the Register to be printed, published and put on sale to members of the public not later than two years from the beginning of the year in which this Act comes into force;
(b) in each year after that in which a register is first published under paragraph (a) of this subsection, to cause to be printed, published and put on sales as aforesaid either a corrected edition of the Register or a list of a alterations made to the Register since it was last printed.
(c) to cause a print of each edition of the Register and each list of corrections to be deposited at the Principal office of the Council, and it shall be the duty of the Council to keep the Register and lists so deposited open at all reasonable times for inspection by members of the public.
(2) A document purporting to be a print of an edition of a register published under this section by authority of the Registrar in the current year, or documents purporting to be prints of an edition of a Register so published in a previous year and of a list of corrections to that edition so published in the current year shall, (without prejudice to any other mode of proof) be admissible in any proceedings as evidence that any person specified in the document, the documents read together, as being fully or provisionally registered is so registered and that any person not so specified is not registered.
21. Registration of printing professionals
(1) Subject to rules made under section 8 of this Act, a person shall be entitled to be registered as a printing professional if:
(a) he passes the qualifying examination accepted by the Institute under this Act and completes the practical training prescribed by the Council from time to time; or
(b) he holds a qualification granted outside Nigeria which is accepted by the Institute and he is by law entitled to practice as printing professional in the country where the qualification was granted and if the Council so requires he satisfies the Council that he has had sufficient practical experience as a printing professional; or
(2) Subject to this Act and the rules made under this Act, a person shall also be entitled to be registered as a printing professional, if satisfied the Council that immediately before the commencement of this Act, he has not less than five years’ experience as a printing executive of a company registered under the Companies and Allied Matters Act.
[Cap. C20.]
(3) An applicant for registration under this Act shall, in addition to evidence of qualification, satisfy the Council that he-
(a) is of good character;
(b) has attained the age of twenty-one years; and
(c) has not been convicted in Nigeria or elsewhere of an offence involving fraud or dishonesty.
(4) The Council may, in its direction, provisionally accept a qualification produced in respect of an application for registration, or direct that the application be renewed within such period as may be specified in the direction.
(5) Any entry directed to be made in the register under subsection (4) of this section, shall show that the registration is provisional, and no entry so made shall be converted to full registration without the approval of the Council, in writing.
22. Certificate by the Registrar to be evidence of registration
(1) A certificate under the hand of the Registrar to the effect that any person was or was not registered as Printing Professional under this Act at any time or during any period specified in the certificate, or as to any entry in the Register of Printers or as to any act or proceeding of the Council shall until contrary is proved, be sufficient evidence of the matters therein specified.
23. Regulation of registration of practitioner
(1) In regulating the registration of printing practitioners:
(a) the Council shall register and cause to be published annually all organisations performing printing consultancy service;
(b) the Council ensure that no firm or partnership shall practice as printers in Nigeria unless it is registered by the Council; and
(c) the Council may, from time to time, regulate the practice of printing, including regulations as to full-time or part-time use of persons registered with the Council.
(2) unless a person is a registered member with the Institute he is not qualified to be appointed or prompted to any senior or executive position in the printing and allied industry.
24. Approval of qualification
(1) The Council may approve any institution for the purpose of section 7 of this Act, any course of training which is intended for person seeking to become or are already printing professionals which is designed to confer on such person sufficient knowledge on skill for admission into the Institute.
(2) The Council may, withdraw any approval given under this section in respect of any course, qualification or institution but before withdrawing such an approval the Council shall-
(a) give notice that propose to do in Nigeria appearing to the Council to be persons by whom the course is conducted or the qualification is granted or the institution is controlled, as the case may be;
[EDITORIAL NOTE: Wording as per Gazette.]
(b) afford each such person an opportunity of making to the Council representations with regard to the proposal; and
(c) take into consideration any representations made in respect of the proposal.
(3) A course, qualification or institution shall not be treated as approved during any period the approval is withdrawn under subsection (2) of this section.
(4) Notwithstanding the provisions of subsection (3) of this section, the withdrawal of any approval shall not prejudice the registration or eligibility for registration of any person who, by virtue of the approval, was registered or was eligible for registration (either unconditionally or subject to his obtaining a certificate or experience) immediately before the approval was withdrawn.
(5) The given or withdrawal of an approval under this section shall have effect from such date, whether before or after the execution of the instrument signifying the giving or withdrawal of the approval, as the Council may specify in the instrument and the Council shall-
(a) publish such instrument in the official Gazette; and
(b) not later than seven days before its publication, send a copy of the instrument to the Minister
25. Supervision of instrument, etc.
(1) Members of the Council to keep themselves informed of the nature of-
(a) the instructions given at approved institutions to persons attending approved courses of training; and
(b) the examination as a result of which approved qualification are granted and for the purpose of performing that duty, the Council may appoint, either from among its own members or otherwise, persons to visit approved institutions or attend such examinations.
(2) The person appointed under subsection (1) of this section to report to the Council on-
(a) the adequacy of the instructions given to persons attending approved courses of training at institutions visited by him;
(b) the adequacy of the examination attended by him;
(c) any other matter relating to the instructions or examinations on which the Council may either generally or in a particular case, request him to report, but no such person shall interfere with the giving of any instruction or the holding of any examination.
(3) On receiving a report made in pursuance of this section, the Council may, If it thinks fit, and shall, if so required by the Institute, send a copy of the report to the person appearing to the Council to be in charge of the institution or responsible for the examinations to which the report relates, requesting that person to make representation to the Council within such period as may be specified in the request
26. Establishment of Printing Practitioners Disciplinary Tribunal
(1) There shall be established a tribunal to be known as the Printing Practitioners Disciplinary Tribunal thereafter in this Act referred to as the “disciplinary Tribunal”) which shall be charged with the duty of considering and determining any case referred to it by the investigating panel established under section (3) of this section, and any other case of which the Disciplinary Tribunal has cognizance under this Act.
(2) The Disciplinary tribunal shall consist of the first Vice-President of the Council and six other non-members of the Council appointed by the Council.
(3) There shall be a body to be known as Chartered Institute of Professional Printers Investigating Panel (in this Act referred to as “the Panel”), which shall be charged with the duty of-
(a) conducting a preliminary investigation into any case where it is alleged that a person registered has misbehaved in his capacity as a professional printer, or should for any reason be the subject of proceedings before the Tribunal; and
(b) deciding whether the case should be referred to the Tribunal.
(4) The Panel shall be appointed by the Council and shall consist of seven members thereof.
(5) The provision of Second Schedule to this Act shall, so far as applicable to the Tribunal and the Panel respectively, have effect with respect to those bodies.
[Second Schedule]
(6) The Council may make rules not inconsistent with this Act as to what constitute professional misconduct.
27. Penalties for Unprofessional Conduct
(1) Where-
(a) a person registered or professionally registered under this Act is judged by the Tribunal o be guilty of infamous conduct in any professional respect; or
(b) a person or corporate body is convicted by any court or tribunal in Nigeria or elsewhere for an offence (whether or not punishable with imprisonment) which in the opinion of the Disciplinary Tribunal is incompatible with the status of a practitioner; or
(c) the Tribunal is satisfied that the name of any person has been fraudulently registered; the Tribunal may, if it thinks fit, give a directive reprimanding that person or ordering the registrar to strike his name off the relevant part of the Register.
(2) The Tribunal may, if thinks fit, defer or further defer its decision as to the giving of a directive under subsection (1) of this section until a subsequent meeting of the Tribunal; but-
(a) no decision shall be deferred under this subsection for this periods exceeding two years in the aggregate, and
(b) no person shall be a member of the Tribunal for the purpose of reaching a decision, which has been deferred or further deferred unless he was present as a member of the Tribunal when the decision was deferred or further deferred.
(3) For the purpose of subsection (1) of this section, a person shall not be treated as convicted unless the conviction stands at a time when no appeal or further appeal is pending or may (without extension of time) be brought in connection with the conviction.
(4) When the Tribunal gives a direction under subsection (1) of this section, it shall cause notice of the direction to be served on the person on whom it relates.
(5) A person to whom such a direction relates may, at any time within twenty-eight days from the date of service on him of the notice of the direction, appeal against the direction to the High Court of a State; and the Tribunal may appear as responsible to the appeal and, for the purpose of enabling directions to be given as to the costs of the appeal and of proceedings before the Tribunal, shall be deemed to be a party here to whether or not it appears on the hearing of the appeal.
(6) A direction of the tribunal under subsection (1) of this section shall take effect-
(a) where no appeal under this section is brought against the direction within the time limited for the appeal, on the expiration of that time;
(b) where an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal;
(c) when the appeal is filed and is not withdrawn or struck out as aforesaid, if and when the appeal is dismissed;
and shall not take effect except in accordance with the foregoing provisions of this subsection.
(7) A person whose name is removed from the register in pursuance of a direction of the tribunal under this section shall not be entitled to be registered again except in pursuance of a direction in that behalf given by the tribunal on the application of that person.
(8) A direction under this section for the removal of a person’s name from the register may prohibit an application under this section by that person until the expiration of such period from the date of the direction (and where he has dully made such an application, from the date of his last application) as may be specified in the direction.
28. Temporary registration of a person not a citizen of Nigeria
(1) Where a person satisfies the Council:
(a) that he has been selected for employment for a specified period in a capacity in which a person registered as a printing professional under this Act is qualified to be employed and that he is or intends to be in Nigeria temporarily for the purpose of serving for that period in the employment in question; and
(b) that he has passed examination necessary for obtaining some qualification granted outside Nigeria which is for the time being accepted by the Council as in respects to the capacity in which if employed he is to serve the Council may, if it thinks fit, give a direction that he shall be temporarily registered as a Printing Professional.
(2) The temporary registration of a person shall continue only while he is in such employment be it private or government as is mentioned in subsection (1) (a) of this section and shall cease at the end of the period of the employment specified to the Council under that subsection or on the prior determination of the employment, whichever first occurs. Provided that nothing in this subsection shall preclude the Council from giving a further direction under subsection (1) of this section in respect of a specified period of another such employment.
(3) A person who is temporarily registered shall in relation to this employment as mentioned in subsection (1) (a) of this section; and to things done or omitted to be done in the course of that employment, be deemed to be fully registered, but in relation to all other matters he shall be treated as not registered, but in relation to all other matters he shall be treated as not so registered.
(4) In case of doubt as to whether a person’s employment has been terminated, the decision of the Council shall be conclusive for the purpose of subsection (2) of this section.
(5) The Registrar, as directed from time to time by the Council, shall remove from the Register the name of any person ceasing to be entitled to the benefit of this section.
Miscellaneous and General
29. Application of this Act to unregistered persons
(1)Any person who is not a member of the Association, but for this Act, would have been qualified to apply for and obtain membership of the Institute may, within the period of three months from the commencement of this Act, apply for membership of the Institute in such a manner as may be prescribed by the Council.
(2)where an application under subsection (1) of this section is approved by the Council, the applicants shall be enrolled or registered, as the case may be according to his qualification.
30. When persons are deemed to practice as printing professional
A person shall be deemed to practice as printing professional if, in consideration of remuneration received or to be received, and whether by himself or in partnership with any other person, he-
(a) engages himself in the practice of printing and holds himself out to the public as printing practitioner; or
(b) renders professional service or assistance in matters of printing profession;
(c) renders professional service which may, by regulation be made by the Council.
31. Rules as to practice, etc.
(1) The Council may make rules for-
(a) the training with registered members of the profession of suitable persons in computing methods and the use of computational machinery and the techniques related thereto; and
(b) the supervision and the regulation for the engagement, training and transfer of such persons.
(2) The Board may also make-
(a) prescribing the amount, date, due for payment of the annual subscription and or such purpose, different amounts may be prescribed by the rules according to whether the person is enrolled as a fellow, member or an associate or is a registered printing practitioner, or corporate body;
(b) prescribing the form of license to be issued annually or, if the Board thinks fit, by endorsement on an existing license; and
(c) restricting the right to practice as a printing practitioner in default of payment of the amount of the annual subscription where the default continues for longer than such period as may be prescribed by the rules.
(3) Rules made under this section shall be published in the official Gazette after such rules have been confirmed by the AGM Institute.
32. Provisions of library facilities, etc.
The Council shall-
- provide and maintain a library comprising books and publications for the promotion and advancement of the knowledge of the profession and such other books and publications as the council may think necessary for the purpose.
- encourage research into printing, printing methods and allied subjects to the extent that the Council may, from time to time, consider necessary.
33. Offences and penalties
(1) Any person, not being a printing professional or Licensed Printer who offences-
(a) for or in expectation of reward practices or hold himself out to practices as such; or
(b) without reasonable excuse takes or uses any name, title, addition or description implying that he is authorised by law to practice as a Professional Licensed Printer , commits an offence.
(2) if any person, for the purpose of procuring the registration of many name qualification or other matter-
(a) makes a statement which he believes to be false in a material particular or,
(b) recklessly make a statement, which is false in a material particular, commits an offence.
(3) The Registrar or any person employed by the Council willfully makes any falsification in any matter relating to the Register, commit an offence.
(4) A person who commits an offence under this Act is liable-
(a) on conviction in a court lower than High Court, to a fine not exceeding N5,000 and where the offence is a continuing one, to a further fine not exceeding N200 for each and everyday that the offence continues;
(b) on conviction in a High court, to a fine not exceeding N10,000 or imprisonment for a term not exceeding two years or both and where the offence is a continuing one, to a further fine not exceeding N500 for each and everyday that the offence continues;
(5) Where an offence under this section has been committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager, secretary, or any person purporting to act in any such capacity, he as well as the body corporate, shall be deemed to have committed that offence and is liable to be proceeded against and punished accordingly.
34. Regulations, rules and orders
(1) The Minister shall have power to make all such regulations, as may, in his opinion upon prior consultation with the Council, be necessary or expedient for giving full effect to the provision of this Act and for the administration thereof.
(2) Any power to make regulations, rules and orders under this section shall include power:
(a) to make provision for such incidental or supplemental matters as the person or authority making the instrument considered expedient for the purpose of the instrument; and
(b) to make different provision for different circumstances.
(3) Any regulations, made under this Act shall be published in the Gazette as soon as may be after they are made; and a copy of any such regulations shall be sent to the Minister not later than seven days before they are so published
(4) Regulations made for the purpose of this Act, shall be subject to confirmation by the registered members as its next general meeting or any special meeting of the registered members convened for the purpose, and if annulled shall cease to have effect on the day after the date of annulment, but without prejudice to anything done in pursuance of any regulation.
35. Interpretation
(1) In this Act -
“approved qualification” means such qualification which is approved for the time being by the Council;
“chartered printer” means a Printing Professional enrolled as a fellow or associate member;
“fees” includes annual subscription;
“professional printer” means any person registered as such under this Act;
“register” means the register maintained under this Act and “registered” shall be construed accordingly;
“the Council” means the Governing Council of the Chartered Institute of Professional Printers of Nigeria under section 2 of this Act.
“the Institute” means Institute of Professional Printers of Nigeria;
“the Minister” means Minister charged with responsibility for Information and matters relating to printing;
“the Registrar” means the registrar appointed in pursuance of section 6 of this Act;
(2) For the purpose of this Act, a person is registered if his name is for time being entered in the register.
(3) Any approval, consent, direction, notice, observation, report, representation or request authorised or required to be given or made by or under this Act shall be in writing and may without prejudice to any method of service, but subject to the provisions of rules made under Schedule 2 of this Act, be served by post.
36. Citation
(1) This Act may be cited as the Chartered Institute of Professional Printers of Nigeria Act, 2007 and shall apply throughout the Federation.
(2)This Act comes into force on such date as the President, Commander-in-Chief of the Armed Force may by order published in the Gazette.
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SCHEDULES
FIRST SCHEDULE
[Section 2(5).]
Supplementary provisions relating to the Council
Qualification and tenure of office of members
1. (1) Subject to this paragraph, a member of the Council shall hold office for a period of two years beginning with the date of his appointment or election.
(2) Any member of the Institute who ceases to be a member thereof shall, if he is also a member of the Council, cease to hold office on the Council.
(3) Any elected member may by notice in writing under his hand addressed to the President of the Council, resign his office and any appointed member may, with the consent of the Minister, likewise so resign his office.
(4) A person who retires from or otherwise ceases to be an elected member of the Council shall be eligible again to become a member of the Council and any appointed member may be reappointed.
(5) Member of the Council shall at its meeting next before the annual general meeting of the Institute arrange for the five members of the Council appointed or elected and longest in office to retire at that annual meeting.
(6) Elections to the Council shall be held in such manner as may be prescribed, by rules made by the Council, and until so prescribed they shall be decided by a show of hands.
(7) If for any reason there is a vacation of office by a member and-
(a) such member was appointed by the Minister, the Minister shall appoint another fit person from the zone in which the vacancy occurs or
(b) such member was elected, the Council may, if the time between the expired portion of the term of office and the next general meeting of the Institute appears to warrant the filling of the vacancy, co-opt some fit persons for such time as aforesaid.
Power of Council
- The Council shall have power to do anything, which is in its opinion is calculated to facilitate the carrying on the activity of the Institute.
Proceedings of the Council
3. Subject to the provision of the Act, the Council may make standing orders regulating the proceedings of the Council or of any committee thereof.
(a) Standing orders shall provide for decision to be taken by a majority of the members and in the event of equality of votes, for the President to have a second or casting vote.
(b) Standing orders made for a committee shall provide that the committee is to report back to the Council on any matter not within is competence to decide.
The quorum of the Council
4. (1) The quorum of the Council shall be eleven and the Council shall determine the quorum of any Committee of the Council.
(2) The Council shall appoint one of its members to be Vice-Chairman of the Council for such period as the Council may determine, so however that a Vice-Chairman who ceases to be a member shall cease to be a Vice-Chairman.
(3) At any time while the office of the chairman is, in the opinion of the Board permanently or temporary unable to perform the function of his office, the Vice-Chairman shall perform those functions, and references in this schedule to the chairman shall be construed accordingly.
Meeting of the Council
5. (1) Subject to the provisions of any standing orders of the Council, the Council shall meet whenever it is summoned by the chairman, and if the chairman is required so to do by notice given to him by not less than six other members he shall summon a meeting of the Council to be held within seven days from the date on which the notice is given.
(2) At any meeting of the Council, the Chairman or in his absence the Vice-Chairman shall preside, but if both are absent, the members present at the meeting shall appoint one amongst them to preside at the meeting.
(3) where the Council desires to obtain the advice of any person on a particular matter, the Council may co-opt him as a member for such period as it thinks fit; but a person who is a member by virtue of this sub-paragraph shall not be entitled to vote at any meeting of the Council and shall not count towards a quorum.
(4) Notwithstanding anything in the foregoing provisions of this paragraph, the first meeting of the Council shall be summoned by the Minister who may give such directions as he thinks fit as to the member who shall preside and as to the procedure which shall be followed at the meeting.
Committees
6. (1) The Council may appoint one or more committees to carry out, on behalf of the Council, such of its functions as the Council may determine.
(2) A committee appointed under this paragraph shall consist of the number of persons determined by the Council, and not more than one-third of those persons may be person who are not members of the Council; and a person other than a member of the Council shall hold office on the committee in accordance with the terms of the instrument by which he is appointed.
(3) A decision of a committee of the Council shall be of no effect until the Council confirms it.
Miscellaneous
7. (1) The fixing of the seal of the Council shall be authenticated by a person not being a body corporate.
(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 Council by any person generally or specially authorised to act for that purpose of the Council.
(3) Any document purporting to be a document duly executed under the seal of the Council shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.
8. The validity of any proceeding of the Council or of a committee thereof shall not be effected by any vacancy in the membership of the Council or committee, or by any defect in the appointment of a member of the Council or of a person to serve on the committee, or by a reason that a person not entitle to do so took part in the proceedings.
9. Any member of the Council, and person holding office on a committee of the Council, who has a personal interest in any contract or arrangement entered into or proposed to be considered by the Council or a committee thereof shall forthwith disclosed his interest to be considered by the Council or a committee thereof shall forthwith disclose his interest to the Council and shall not vote on any question relating to the contract or arrangement.
SECOND SCHEDULE
Supplementary provisions relating to the disciplinary tribunal and investigating panel
The Tribunal
1. The quorum of the Tribunal shall be five.
2. (1) The Chief Justice of Nigeria shall make rules as to the proceedings to be followed and rules of evidence to be observed in proceedings before the Tribunal.
(2) The rules shall in particular provide-
(a) for securing that notice of proceedings shall be given, at such time and in such manner as may be specified by the rules, to the person who is the subject of the proceedings;
(b) for determining who, in addition to the person aforesaid, shall be a party to the proceedings;
(c) for securing that any party to the proceedings shall, if he so requires be entitled to be heard by the tribunal;
(d) for enabling any party to the proceedings to be represented by a legal practitioners;
(e) subject to the provisions of section 20 (5) of this Act, as to costs of proceedings before the tribunal;
(f) for requiring, in a case where it is alleged that the person who is the subject of the proceedings is guilty of infamous conduct in any professional respect, that where the Tribunal adjudges that the allegation has not been proved, it shall record a finding that the person is not guilty of such conduct in respect of the matters to which the allegation related; and
(g) for publishing in the Gazette notice of any direction of the tribunal, which has, taken effect providing that a person’s name shall be struck off a Register.
3. For the purpose of any person before the tribunal any member of tribunal may administer oaths and any party to the proceedings may issue out the registry of the High Court as the case may require, writs of subpoena ad testficandum and deuces tecum; but no person appearing before the tribunal shall be compelled.
4. (1) For the purpose of advising the tribunal on questions of law arising in proceedings before it, there shall in all proceedings be an assessor to the tribunal who shall be appointed by the Council on the nomination of the Chief Justice of Nigeria, and shall be a legal practitioner of not less than ten years standing.
(2) The Chief Justice of Nigeria shall make rules as to the functions of assessors appointed under this paragraph, and in particular such rules shall contain provisions for securing-
(a) that where an assessor advices the tribunal on any question of law to evidence, procedure or any other matter specified by the rules, he shall do so in the presence of every party or person representing a party to the proceedings who appears thereat or, if the advice is tendered while the tribunal is deliberating in private, that every such party or person as aforesaid shall be informed as to what advice the assessor has tendered; and
(b) that every such party or person as foresaid shall be informed if the tribunal does not in any case accept the advice of the assessor on such a question as aforesaid.
5. An assessor may be appointed under this paragraph either generally or for any particular proceedings or class of proceedings, shall hold and vacate office in accordance with terms of the instrument by which he is appointed.
The Panel
6. The quorum of the panel shall be three.
7. (1) The panel may, at any meeting entered by not less than six members thereof make standing orders with respect to the panel.
(2) Subject to the provisions of any such standing orders, the panel may regulate its own procedure.
Miscellaneous
8. (1) A person ceasing to be a member of the Tribunal or the panel shall be eligible for reappointment as a member of that body.
(2) A person may, if otherwise eligible, be a member of both the Tribunal and the Panel but no person acted as a member of the panel with the respect to any case shall act as a member of the Tribunal with respect to that case.
9. The Tribunal or the panel may act not withstanding any vacancy in its membership and the proceeding of either body shall not be invalidated by any irregularity in the appointment of a member of that body or (subject to subparagraphs 2 of paragraph 7 of this schedule) by reason of the fact that any person who was not entitled to do so took part in the proceeding of the body.
10. The Tribunal and the Panel may each sit in two or more geopolitical zones of the Federation of Nigeria.
11. Any document authorised or required by virtue of this Act to be served on the Tribunal or Panel shall be served on the Registrar.
12. The Council shall defray any expenses of the Tribunal of the panel.
13. A person shall not, by reason only of his appointment as assessor to the Tribunal or as a member of the panel, be treated as holding on office in the public service of the Federation or of any State thereof.
CHAPTER INSTITUTE OF PROFESSIONAL PRINTERS
OF NIGERIA ACT
SUBSIDIARY LEGISLATION
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No Subsidiary Legislation
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