The Complete 2004 Laws of Nigeria

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PART I

Establishment of the National Mathematical Centre, etc.

SECTION

1. Establishment of the National Mathematical Centre.
2. Establishment and membership of the Governing Council of the Centre.
3. Tenure of office, etc.
4. Power of the Minister to give directives.

PART II

Functions and powers of the Centre

5. Functions of the Centre.
6. Powers of the Centre.

PART ill

Staff of the Centre

7. Director and other staff of the Centre.
8. Staff regulations.
9. Pensions.

PART IV

Academic Board 
10. Establishment of an Academic Board for the Centre.

PART V

Financial provisions

11. Fund of the Centre.

12. Annual estimate, accounts and audit.

13. Annual report.

PART VI

Miscellaneous

14. Regulations.
15. Interpretation.
16. Short title.

SCHEDULE

Proceedings of the Council

NATIONAL MATHEMATICAL CENTRE ACT

An Act to establish the National Mathematical Centre to, amongst other, train and
develop a high level of personnel in mathematical sciences, create a resource
center to serve national and international communities and provide for other matters ancillary thereto.

[1989 No. 40.]

[1st January, 1988]

[Commencement.]

PART I

Establishment of the National Mathematical Centre, etc.

1. Establishment of the National Mathematical Centre

(1) There is hereby established in the Federal Capital Territory, Abuja, a body to be
known as the National Mathematical Centre (in this Act referred to as "the Centre"),
which shall have the functions assigned to it by this Act.

(2) The Centre shall be a body corporate with perpetual succession and a common
seal and may sue and be sued in its corporate name.

2. Establishment and membership of the Governing Council of the Centre

(I) There is hereby established for the Centre, a Governing Council (in this Act referred to
as "the Council"), which shall be responsible for directing the affairs of the Centre.

(2) Without prejudice to the generality of subsection (I) of this section, it shall be the
responsibility of the Council to exercise general control and superintendence of the policy,
finances and property of the Centre, including its public relations.

(3) The Council shall consist of--

       (a)        a chairman;

       (b)        one representative of the Federal Ministry of Education;

       (c)        one representative of the National Universities Commission;

       (d)        one representative of the Federal Ministry of Science and Technology;

       (e)        one representative of the Nigerian Academy of Science;

       (f)      two representatives of the Nigerian universities, appointed in rotation for two
years at a time;                                                                   

       (g)  one representative of the polytechnics;

       (h)  one representative of the colleges of education;

       (i)   three members to represent professional and other interests in mathematical
sciences, statistics, computer science and theoretical physics; and

       (j)          the Director of the Centre.

      (d)        identify and encourage young talents in mathematical sciences;

      (e)        stimulate enthusiasm for the physical sciences in young Nigerian students and scholars;

      (f)         prepare Nigeria for a leading role in mathematical sciences;

      (g)        attract good mathematical scientists from all over the world into the service of Nigeria;

      (h)        encourage and support activities leading to the improvement of the teaching
and learning of mathematical sciences at all levels;

      (i)         provide facilities for scientific conferences and the publication of the proceedings arising therefrom;

      (j)          tackle national set goals in the development of mathematical sciences;

      (k)        conduct series of specialised lectures or courses, for the purpose of up-grading
postgraduate students in the field of mathematical sciences to a level where
they can begin to understand research papers and seminars;

      (I)         conduct series of research lectures for advanced postgraduate as well as post-
doctoral and other participants, based on a set of pre-assigned research papers,
with the objective of generating questions that would be collated, discussed
and used to determine new research directions for the participants;

      (m)       conduct seminars, workshops and symposia in such areas as the Academic
Board of the Centre may. from time to time, determine or plan;

      (n)        establish and execute a visiting programme for mathematical scientists, under
which mathematical scientists can visit the Centre for short periods, to work on
their individual research problems using the library, computing and other facilities of the Centre; and

      (0)        perform such other functions that are related to those set out in this section and
do such other things as are, in the opinion of the Council, necessary or expedient for carrying
out the functions of the Centre under this Act.

6. Powers of the Centre

The Centre shall have power to-

      (a)         award certificates of attendance and of full participation at lectures and courses
conducted under this Act;

      (b)         establish and maintain a library comprising such books, journals, records, reports
and other publications and information systems as may be required for
the discharge of the functions con Ierred on the Centre by this Act;

      (c)         accept gifts of land, money or other property, upon such terms and conditions
if any, as may be specified by the person or organisation making the gift:
Provided that the conditions attached by the person or organisation making the gift
are not inconsistent with the functions of the Centre or its position as a non-partisan
institution, free from undue external influence.

PART III

Staff of the Centre

7. Director and other staff of the Centre

(1) There shall be for the Centre a Director who shall possess appropriate qualifications
and be appointed by the President, on the recommendation of the Minister.

(2) The Director shall-

     (a)        hold office for a period of five years and shall be eligible for re-appointment;
and

     (b)        enjoy conditions of service equivalent to those of the Vice-Chancellor of a
Federal university.

(3) The Director shall be the chief executive and academic officer of the Centre and
shall be charged with general responsibility for matters relating to the day-to-day
management and operations of the Centre.

(4) There shall be for the Centre a Deputy Director who shall be appointed by the
Council and act in place of the Director when the office of the Director is vacant or the
Director is for any reason (including absence from the precincts of the Centre), unable to
perform his functions as the Director.

(5) There shall be for the Centre a librarian who shall be appointed by the Council
and be responsible to the Director for the development and administration of the library
services of the Centre.

(6) There may be appointed, from time to time, by the Council, such other employees
as may be required for the purposes of the efficient performance of the functions conferred on the Centre by this Act.

8. Staff regulations

(1) The Council may, subject to the provisions of this Act, make staff regulations relating
generally to the conditions of service of the employees of the Centre and, without
prejudice to the generality of the foregoing, such regulations may provide for-

 (a)        the appointment, promotion and discipline (including dismissal) of employees
of the Centre; and

(b)        appeals by such employees against dismissal or other disciplinary measures,
and until such regulations are made, any instruments relating to the conditions of service
of public officers in the university system shall be applicable, with such modifications as
may be necessary, to employees of the Centre.

(2) Staff regulations made under subsection (1) of this section shall not have effect
until approved by the President; and when so approved, they need not be published in the
Federal Gazette, but the Council shall cause them to be brought to the notice of all affected
persons in such manner as it may, from time to time, determine.

9. Pensions

(I) Service in the Centre shall be approved service for the purposes of the Pensions Act.

[Cap. P4.]

(2) Officers and other persons employed in the Centre shall be entitled to pensions,
gratuities and other retirement benefits as are prescribed in the Act, so however that
nothing in this Act shall prevent the appointment of a person to any office on terms which
preclude the grant of a pension, gratuity or other retirement benetit, in respect of that office.

(3) For the purposes of the application of the provisions of the Pensions Act, any
power exercisable thereunder by a Minister or other authority of the Government of the
Federation, other than the power to make regulations under section 23 thereof, is hereby
vested in and shall be exercisable by the Council and not by any other person or authority.

PART IV

Academic Board

10. Establishment of an Academic Board for the Centre

(I) There is hereby established as an integral part of the Centre, an Academic Board which shall consist of-

       (a)        the Director of the Centre;

       (b)        the Deputy Director;

       (c)        the librarian;

       (d)        four representatives drawn in rotation from among the universities in Nigeria
in the discipline of mathematical sciences; and

      (e)        tive other persons, for the time being holding such appointments on the staff of
the Centre as the Director of the Centre may, with the approval of the Council, specify.

(2) A person other than an ex-officio member shall hold an appointment on the Academic
Board under paragraphs Cd) and (e) of subsection (I) of this section for a period of
two years and shall be eligible for reappointment for one further period of two years.

(3) The Academic Board shall-

       (a)       formulate and continuously evaluate the academic programme of the Centre;
and

       (b)        perform such other functions as are traditional to such bodies as the Council
may, from time to time, direct.

(4) The Director shall be the chairman at the meeting of the Academic Board and in
his absence, the Deputy Director shall preside at such meeting but, in the absence of both,
the members present at the meeting shall appoint one of their number to preside at the
meeting.

(5) Subject to subsection (4) of this section, the Academic Board shall have power to
regulate its own procedure.

PART V

Financial provisions

11. Fund of the Centre

(I) The Centre shall establish and maintain a fund from which shall be defrayed all
expenditure incurred by the Centre in the performance of its functions under this Act.

(2) There shall be paid and credited to the fund established pursuant to subsection (I)
of this section-

     (a)        such sums as may, from time to time, be granted to the Centre by the Federal
Government;

     (b)       fees charged for services rendered by the Centre; and

     (c)     subject to section 6 (c) of this Act, all sums accruing to the Centre by way of
gifts, grants-in-aid, testamentary disposition and endowments or contribution
from philanthropic persons or organisations or otherwise howsoever.

12. Annual estimate, accounts and audit

(I) The Council shall cause to be prepared, not later than 30 September in each year,
an estimate of the expenditure and income of the Centre during the next succeeding year,
and when prepared, they shall be submitted to the President.

(2) The Council shall cause to be kept proper accounts of the Centre and proper records
in relation thereto and when certified by the Council, such accounts shall be audited
as provided in subsection (3) of this section.

(3) The accounts of the Centre shall be audited within six months after the end of
each year by auditors appointed by the Council from the list and in accordance with the
guidelines supplied by the Auditor-General for the Federation; and the fees of the auditors
and the expenses of the auditors generally shall be paid from the funds of the Centre.

13. Annual report

The Council shall, not later than 31 December in each year, submit to the President a
report in such form as the Minister may, from time to time, direct, on the activities of the
Centre during the preceding year and shall include in such report the audited accounts of
the Centre.

PART VI

Miscellaneous

14. Regulations

The Minister may make regulations for the purpose of giving effect to the provisions of this Act.

15. Interpretation

In this Act, unless the context otherwise requires-

"Centre" means the National Mathematical Centre, established by section I (I) of this Act;

"chairman" means the chairman of the Council;

"Council" means the Governing Council of the Centre, established by section 2 of
this Act;

"Director" means the Director of the Centre, appointed under section 7 of this Act;

"member" means a member of the Council and includes the chairman;

"Minister" means the Minister charged with responsibility for matters relating to
higher education.

16. Short title

This Act may be cited as the National Mathematical Centre Act.

SCHEDULE
[Section 2 (5).]

Proceedings of the Council

1. (I) Subject to this Act and to section 27 of the Interpretation Act (which provides for the
decisions of a statutory body to be taken by a majority of the members of the body and for the
person presiding to have a second or casting vote), the Council may make standing orders
regulating the proceedings of the Councilor of any committee thereof.

[Cap. /23.]

(2) The quorum of the Council shall be seven and the quorum of any committee of the
Council shall be as determined by the Council.

2. (I) The Council shall meet not less than three times in each year and, subject thereto, the
Council shall meet whenever it is summoned by the chairman; and if the chairman is required
to do so by notice given to him by not less than three other members, he shall summon a
meeting of the Council to be held within fourteen days from the date on which the notice is
given. 

(2) At any meeting of the Council, the chairman shall preside, but if he is absent, the
members present at the meeting shall appoint one of their number to preside at that 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 the quorum.

Committees

3. (I) The Council may appoint one or more committees to carry out, on its behalf, such of
its functions as the Council may determine.

(2) A committee appointed under this paragraph shall consist of such number of persons
(not necessarily members of the Council), as may be determined by the Council; and a person
other than a member of the Council shall hold office on the committee in accordance with the
terms of his appointment.

(3) A decision of a committee of the Council shall be of no effect until it is confirmed
by the Council.

Miscellaneous

4. (1) The fixing of the seal of the Centre shall be authenticated by the signature of the
chairman or of some other members authorised generally or specially to act for that purpose
by the Council.

(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
Centre by the Director or any person generally or specially authorised to act for that purpose
by the Council.

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

(4) Members of the Council who are not public officers shall be paid out of monies at
the disposal of the Council such remunerations, fees or allowances in accordance with such
scales as may be approved, from time to time, by the President.

(5) The validity of any proceeding of the Councilor of a committee thereof, shall not be
affected by any vacancy in the membership of the Councilor a committee or by any defect in
the appointment of any member of the Councilor a committee, or by reason that a person not
entitled to do so, took part in the proceedings.

(6) Any member of the Councilor any 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 Councilor a committee thereof, shall forthwith disclose his interest to
the Council and shall not vote on any question relating to the contract or arrangement.