BE IT ENACTED by the National Assembly of the Federal republic of Nigeria as follows:
Establishment of the Chartered Polymer Institute of Nigeria:
- (1) There is hereby established a body to be known as Chartered Polymer Institute of Nigeria and (in this Act referred to as the Institute) which shall have the objectives of:
- Promoting the advance and develop the application of Polymer Science engineering and technology in the polymer and Allied Industries in Nigeria.
- To act as a professional body, promoting the professional integrity and status of all persons engaged in polymer Science, Engineering and Technology; prescribe standard of experience and efficiency as essential to the election of members thereby conferring upon them a recognized status by virtue of membership of the institute.
- Encourage, advance, disseminate knowledge, education, practical training and research into the profession.
- To improve and elevate the technical and general knowledge of polymer science, engineering and technology through the delivery of lectures and holding of classes, and to test by examination in collaboration and with approval from relevant Government Institutions and agencies, and to award certificates, scholarships, grants, rewards and other benefits.
- To undertake in collaboration and with approval from relevant governmental agencies, the accreditation of manpower training programs in polymer science, engineering and technology.
- To diffuse among its members information on all matters affecting polymer science, engineering and technology and to print, publish, issue and circulate periodicals, books, circulars and other literary material as may seem conducive to the attainment of any of these objects.
- To originate and promote the enactment by the state of legislation in respect of all of the above objects.
- To purchase, have, hold, dispose of, subject to the provisions of the Companies and Allied Matters Act, buildings for use as an institute, college or lecture rooms, or any other properties, real or personal, for the advancement of the object of the institute or any one of them.
- To do all such other lawful things as are incidental or conducive to the attainment of the above objects or any of them provided that the institute shall not support with its funds or impose on its members or endeavor to procure the observance of any regulation which, if they are contrary to the objects of the institute or would make it a trade union.
(2) The Institute shall be a body corporate, with perpetual succession and a common seal and may sue and be sued in its Corporate name.
(3) Subject to the land use Act, the institute may hold, acquire and dispose of any movable or immovable property.
- FUNCTIONS OF THE INSTITUTE
(1) Without prejudice to section 1 of this Act, it shall be the duty of the institute to:
(a) Determine what standards of knowledge and skill are to be obtained by persons seeking to become members of Chartered Polymer Institute of Nigeria, improving 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 a register of members of the profession and the publication from time to time of the list of those persons.
2(i) Membership of the institute shall be open to all persons aged eighteen (18) years and above, who are of Nigerian origin or from other parts of the world and are interested in the aims and objectives of the institute.
2(ii) Subject to the provisions of this Act, persons admitted to membership of the institute shall be registered as members of the profession in the category of:
- Honorary fellows
- Professional grade i.e Technician and Higher Diploma grades
- COUNCIL OF THE INSTITUTE & MEMBERSHIP
(1) There shall be established for the institute, a Governing Council (in this Act referred to as the Council) which shall be charged with the responsibility of administration and general management of the institute.
(2) The council shall consist of the following members:
(a) The President of the Institute, who shall be the Chairman
(b) Vice President of the Institute, who shall be the Vice Chairman.
(c) Director Engineering Ministry of Science and technology.
(d) Ten persons to be elected by the institute
(e) Past presidents of the institute who shall be entitled to serve on the council for a maximum period of 3 years from the expiration of their term of office as president of the institute.
(f) Two persons to represent institution of higher learning in Nigeria offering courses leading to approved qualifications in polymer science to be appointed by the institute.
(g) The Registrar of the institute who shall be the Secretary to the council.
- ELECTION OF PRESIDENT AND VICE PRESIDENT
(1) There shall be a President and Vice President of the Institute, who shall be fellows of the institute, to be elected by the council who shall hold office each for a term of three (3) years from the date of election.
(2) The President shall be Chairman at meetings of the institute, so however that in the event of death, incapacity or inability, for any reason of the president, the Vice President shall act on his behalf for the unexpired portion of the term of the office.
(3) If the President or Vice President ceases to be a member of the institute he Ipso facto cease to hold any of the office designated under this section.
- FINANCIAL PROVISIONS
(1) The council shall establish and maintain a fund for the institute.
(2) There shall be paid and credited into the fund established pursuant to subsection (1) of this section:
(a) All fees and other moneys payable to the council in pursuant of this Act.
(b) Such money as may be provided by the Federal Government to the council by way of grant, loan or otherwise
(c) Such moneys as may be payable to the council in the course of the discharge of its functions under this Act.
(3) There shall be paid out of the fund of the institute:
(a) All expenditure incurred by the council in the discharge of its functions under this Act.
(b) The remuneration and allowances of the Registrar and other staff of the institute and
(c) Such reasonable travelling and subsistence allowances of members of the council.
(4) The council may invest moneys in the fund in any security created or issued by or on behalf of Government of the Federation or in any other securities in Nigeria as may be approved by the council.
(5) The council may from time to time raise and give security for money by the issue of or upon bonds, debentures, Debenture Stocks, Bill exchange, Promissory notes or other obligations or securities of the company or by mortgage or charge upon all or any of the property of the institute.
(6) The council shall keep proper accounts on behalf of the institute in respect of each year and proper records in relation to these accounts; and the council shall cause the accounts to be audited by an Auditor appointed from the list and in accordance with the guidelines supplied by the Auditor-General of the Federation.
(7) The income and property of the institute shall be applied solely towards the promotion of its objects so set forth in the Memorandum of Association and no portion thereof shall be paid or transferred directly or indirectly as dividend, bonus or otherwise by way of profit to members of the institute, provided that nothing herein shall prevent the payment of remuneration to any officer or servant of the institute or to any member of the institute in return of service actually rendered to the institute or prevent the payment of interest at the rate not exceeding five percent per annum on money rent, reasonable and proper rent for premises demised or let by any member to the institute or any officer of the institute paid by fees, and that no remuneration or other benefit in money shall be given by the institute to any member of such body except repayment of out of pocket expenses and interest at the rate aforesaid or reasonable.
(8) The auditor appointed for the purpose of this section shall not be a member of the council.
(9) The council shall prepare and submit to the minister of science and technology not later than twelve months after its establishment and once in each year thereafter a report on the activities of the council in the last preceding years and shall include in the report a copy of the audited accounts of the council for that year and of the auditor’s report thereon.
(10) If upon the winding up or dissolution of the institute, there remains, after the satisfaction of all its debt and liabilities, any property whatsoever the same shall not be paid to or distributed among the members of the institute, but shall be given or transferred to some other institution or institutions having object similar to the objects of the institute, to be determined by the council at or before the time of dissolution, or in default thereof by the judge of the Federal High Court. Services, education, technical development, quality control or production work employment, manufacturing, sale or improvement of finished products or new materials of polymer nature such as plastics, rubber, paints and printing inks, adhesives, pulp and paper packaging and related industries.
- APPOINTMENT OF REGISTRAR AND PREPARATION OF REGISTER
(1) It shall be the duty of the Council to appoint:
(a) A fit and proper person who shall be a member of the institute and must have ten years experience in polymer science engineering and technology to be Registrar for the purpose of this Act and
(b) Such other persons as the institute may, from time to time think necessary.
(2) The Registrar shall in addition to his other functions under this Act be the secretary to the council and shall on instruction of the President of the Council or of any committee thereof convene meetings of the council or of any committee thereof and keep minutes of the proceedings at all such meetings as the case may be.
(3) The council may, whenever the Registrar is absent or for any other reason unable to discharge the functions of his office, appoint an acting Registrar who shall have the same qualification as in subsection 1 of this section discharge those functions.
(4) The Registrar and other staff of the institute shall hold office on such conditions as the council may determine.
- REGISTRATION OF MEMBERS
(1) It shall be the duty of the Registrar to prepare and maintain in accordance with the rules made by the council, a register of names, address and approve qualifications and such other particulars as may be specified by the rules, of all persons who are entitled in accordance with the provisions of this Act to be registered as members of the profession.
(2) The register shall consist of eight parts of which:
(a) The first part shall be in respect of Honorary fellows
(b) The second part shall be in respect of Fellows
(c) The third part shall be in respect of Members
(d) The fourth part shall be in respect of Associates
(e) The fifth part shall be in respect of Graduates
(f) The sixth part shall be in respect of Professionals
(g) The seventh part shall be in respect of Corporates bodies
(h) The eight part shall be in respect of Students.
(3) Subject to the following provisions of this section, the council may 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 registration and providing evidence in support of such application.
(b) Providing for the notification to the Registrar, by the person to whom any registered particulars relate, of any change in those particulars.
(c) Specifying the fees, including any annual subscription to be paid to the institute in respect of the entry of names in the register, and authorizing the Registrar to refuse to enter a name on the register until any fees specified for the entry have been paid.
(4) Any rules made for the purpose of paragraph (c) of subsection 3 of this section shall not come into force until they are confirmed at the special meeting of the institute.
(5) It shall be the duty of the Registrar:
(a) To correct in accordance with the directions of the council, any entry in the register which the council directs him to correct as being in the opinion of the council on entry which was incorrectly made.
(b) To make from time to time any necessary alteration to the register particulars of registered persons
(c) To keep records of the names of members of the institute who are in default for more than six months in the payment of annual subscriptions, and to take such action in relation thereto (including removal of the names of defaulters from the register) as the council may direct or require.
(6) If the registrar:
(a) Send by post to any registered person a letter addressed 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 six months from the date of posting it, and
(b) Upon the expiration of that period sends in the like manner to the person in question a second similar letter and receives no reply to that letter within three months from the date of posting it,
The Registrar may remove the particulars relating to the person in question from the register provided that the council may, for any reason which seems to it sufficient, direct the Registrar to restore the appropriate part of the register any particulars removed therefrom under this subsection.
- PUBLICATION OF REGISTER AND LIST OF CORRECTIONS
(1) It shall be the duty of the Registrar
(a) To cause the register to be printed, published and put on sale to members of the public not later than two years from the coming into force of this Act.
(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 sale as aforesaid, either a corrected edition of the register or list of alterations made to the register since it was last printed, and
(c) To cause a print of each edition of the register and of each list of corrections to be deposited at the principal office of the institute, and it shall be the duty of the council to keep the register, and list so deposited available 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 or documents to be print of an edition of a register so published and of a list of corrections to that edition so published, shall (without prejudice to any other proof) be admissible in any proceeding as evidence that any person specified in the document or documents read together, as being registered is so registered at the date of the edition or of the list of corrections as the case may be, and that any person not so specified was not so registered.
(3) Where in accordance with subsection(2) of this section a person in any proceeding, shown to have been or not to have been registered at a particular date, shall unless the contrary is proved be taken for the purposes of the proceeding as having at all material times thereafter continued to be or not to be so registered.
- REGISTRATION OF CHARTERED MEMBERS OF THE PROFESSION
(1) Subject to Section 11 of this Act and to rules made under Section 8 of this Act, a person shall be entitled to be registered as a member of the profession if:
(a) He passes the qualifying examination for registration recognized or conducted by the council under this Act and complete the practical training prescribed or
(b) He held a qualification granted and for the time being accepted by the institute and satisfied the council that he has sufficient practical experience as a member of the profession.
(2) An application for registration under this Act shall in addition to evidence of qualification satisfy the council that:
(a) He is of good character (fit and proper person)
(b) He had attained the age of 21
(c) He has not been convicted in Nigeria or elsewhere of an offence involving fraud or dishonesty.
(3) The council may in its sole discretion, provisionally accept a qualification produced in respect of an application to register under this section, or direct that the application be renewed within such period as may be specified in the direction.
(4) Any entry directed to be made in the register under subsection (3) of this section, shall show the registration is provisional and no entry so made shall be converted to full registration without the consent of the council, signified in writing in that behalf.
(5) The council shall from time to time, publish in the Federal Gazette particulars of qualification for the time being acceptable for registration by the institute.
- APPROVAL OF QUALIFICATION
(1) The council may approve any institution for the purpose of this Act and may for that purpose approve:
(a) Any course of training at any approved institution which is intended for persons seeking to become or are already administrators and which the council considers is designed to confer on persons completing it sufficient knowledge and skill for admission into the institute.
(b) Any qualification which as a result of examination taken in conjunction with a course of training approved by the council under this section is granted to candidates reaching a standard at the examination, indicating in the opinion of the council that the candidate has sufficient knowledge and skill for the practice of the profession.
(2) The council, may, if it thinks fit, 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 it proposes to do so to persons 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;
(b) Afford each such person an opportunity of making to the council presentations with regards to the proposal; and
(c) Take into consideration any representation made as respect to the proposal in pursuance of paragraph (b) of this section.
(3) As respect to any period during which the approval of the council under this section for a course qualification or institution is withdrawn, the course of qualification or institution shall not be treated as approved under this section but the withdrawal of such an approval shall not prejudice the registration or eligibility for registration of any person who by virtue of the approval, was registered or eligible for registration immediately before the approval was withdrawn.
(4) The giving or withdrawal of an approval under this section shall have effect from such date, either 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) As soon as may be, publish a copy of every such instrument in the federal gazette and
(b) Not later than seven days before its publication send a copy of the instrument to the minister.
12 SUPERVISION OF INSTRUCTION
(1) It shall be the duty of the 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 qualifications are granted.
And for the purposes of performing that duty the council may appoint, either from among its members or otherwise, persons to visit approved institutions or observe such examinations.
(2) It shall be the duty of the person appointed under subsection (1) of this section report to the council on:
(a) The sufficiency or otherwise of the instructions given to persons attending the approved courses of training at the institutions visited by him;
(b) The adequacy or otherwise of the examinations conducted at any institution inspected by him and
(c) Any other matter relating to the institution or examinations on which the council may, either generally or in a particular case, request him to report.
But the person shall not interfere with the giving of any instruction or the holding of any examination.
(3) On receiving a report made in pursuance of this section, as the council may think fit and shall, if so required by the institution send a copy of the report to the person appearing to the council to be in charge of the institution or responsible for the examination to which the report relates, requesting that person to make observation or report to the council within such period as may be specified in the request, not being more than one month beginning with the date of the request.
- SUPERVISION OF EXAMINATION
(1) Notwithstanding, the provisions of Section 12 of this Act, it shall be the duty of the National Board for Technical Education (in this Act referred to as the Board) to supervise the institutes examinations and for the purpose of performing that duty the Board may appoint its officials to review the institutes examination question papers and student’s answers scripts before the examination is released.
(2) The director of the Board shall be a joint signatory to the certificate awarded by the institute.
- QUALIFICATION FOR MEMBERSHIP
(1) Subject to the provisions of section 11 of this Act membership of the institute shall be open to all persons aged (18) eighteen years and above, who are interested in the aims and objects of the institute.
(2) The person shall be an individual engaged in research, services, education, technical development, quality control or production, work employment of finished products or raw materials of polymer nature such as plastics, rubber, paints, and printing inks, adhesive, pulp and paper packaging and related industries.
Part 5 Professional Discipline
- ESTABLISHMENT OF DISCIPLINARY TRIBUNAL AND INVESTIGATING PANEL:
(1) There shall be established a body to be known as Chartered Polymer Institute Disciplinary Tribunal (in this Act referred to as the Tribunal) which shall be charged with the duty of considering and determining any case referred to it by the panel established under subsection (3) of this section, and any other case of which the tribunal has cognizance under the following provisions of this Act.
(2) The tribunal shall consist of the president of the council and (6) six other members of the council appointed by the Council.
(3) There shall be a body to be known as Chartered Polymer Institute 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 when it is alleged that a member of the profession has misbehaved in his capacity as such a member or should for any other reason be the subject of proceedings before the tribunal.
(b) Deciding whether the case should be referred to the tribunal
(c) Submitting a report on any action taken in the past to the tribunal.
(4) The panel shall be appointed by the council and shall consist of two members of the council and one member of the profession who is not a member of the council.
(5) The provision of schedule 2 to this Act shall so far as they are applicable to the tribunal and panel respectively, have effect with respect to those bodies.
(6) The council may make rules not inconsistent with this Act as to acts which constitute professional misconduct.
- PENALTIES FOR UNPROFESSIONAL CONDUCT
(a) A person registered under this Act is adjudged by the tribunal to be guilty of infamous conduct in any professional respect;
(b) A person registered under this Act is convicted by any Court of Competent Jurisdiction which in the opinion of the tribunal is incompatible with the status of a member of the profession.
(c) The tribunal is satisfied that the name of any person has been fraudulently registered.
The tribunal may if thinks fit, give a direction reprimanding that person or ordering the Registrar to strike his name off the register.
(2) The tribunal if it thinks fit, defer its decision as to the giving of direction under subsection (1) of this section until a subsequent meeting of the tribunal.
(3) No decision of the tribunal shall be deferred under sub-section (2) of this section for periods exceeding one year in the aggregate.
(4) As far as possible no person shall be a member of the tribunal for the purposes 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.
(5) 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.
(6) When the tribunal gives a direction under subsection(1) of this section, the tribunal shall cause notice of the direction to be served on the person to whom its relates.
(7) The person to whom such a direction relates may at any time within twenty eight days (28) from the day of service on him of the direction appeal against the direction to the Federal High Court and the tribunal may appear as respondent to the Appeal and, for the purpose of enabling directions to give as to cost of the appeal and of proceedings before the tribunal
(8). A direction of the tribunal given under subsection (1) of this section shall take effect where:
- No appeal under this section is brought against the decision, within the time limited for such an appeal, or an expiration of that time or
- Such an appeal is brought and is withdrawn or struck out for want of diligent prosecution, or on the withdrawal or striking out of the appeal.
- Such an appeal is brought and is not withdrawn or struck out as aforesaid, if and when the appeal is dismissed.
(9). 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.
(10). A direction under this section for the removal of a person’s name from the register, may prohibit an application under subsection (9) of this section by that person until the expiration of such period from the date of the direction (and where he has duly made such an application from the date of his last application) or as may specify in the direction.
- APPLICATION OF THE ACT TO UNREGISTERED PERSONS:
(1) Any person not being a member of the chartered polymer institute of Nigeria who but for this Act would have been qualified to apply for the membership of the institute may within a period of three (3) months from the commencement of this Act, apply for the membership of this institute in such a manner as may be specified by the council.
(2). Where an application under subsection (1) of this section is approved by the council, the Applicant shall be enrolled or registered, as the case may be, according to his qualification.
- When persons are deemed to practice as chartered members of the profession
(1) subject to subsection (2) of this section a person shall be deemed to practice as Chartered members of the profession, if in consideration of remuneration received or to receive, whether by himself or in partnership with any person
(a) engages himself in the practice of the profession or hold himself out to the public as a member of the profession or
(b) Renders any other services or assistance in or about matter of principle or detail relating to the profession.
(c) Renders any other service which may by regulations made by the council with the approval of the Minister, be designated as service constituting practice as chartered member of the profession.
(2). Nothing in this section shall be construed so as to apply to persons who while in the employment of any government, are required under the terms or in the course of such employment to perform the duties or any of the duties of the profession.
- RULES AS TO ARTICLES
(1). The council may make rules for
- The training with registered members of the profession or suitable persons in polymer science engineering and technology method, and
- The Supervision and regulation of engagement, training and transfer of such person.
(2). The council may also make rules:
(a). Prescribing the amount and date for payment of the annual subscription and for such purpose, different amounts may be prescribed by the rules according to whether the member of the institute is a fellow, honorary fellow, member, Associate, Graduate, Professional grade, Corporate and students or retired members.
(b). Prescribing the form of license to practice to be issued annually or if the council thinks fit, by endorsement on an existing license.
(c). Restricting the right to practice as a member of the profession in default of payment of the annual subscription where the default of payment of the annual subscription where the default continues for longer than such period as may be prescribed by the rules.
(d). Restricting the right to practice as a member of the profession if the qualification granted outside Nigeria does not entitle the holder to practice as a member of the profession and
(e). Prescribing the practical training in the office of a chartered member of the profession in practice to be completed before a person qualifies for a license to practice as a member of the profession
(3). Rules when made shall if the chairman of the council so direct be published in the federal Gazette.
- PROVISION OF LIBRARY FACILITIES
The institute shall:
- Provide and maintain a library comprising books and publications for the promotion and advancement of knowledge of polymer science engineering and technology and such other books and publications as the council may think necessary for the purpose.
- Encourage research into industrial polymer science engineering and technology and such other area of study as the council may deemed appropriate.
- POWERS OF THE MINISTER TO GIVE DIRECTIVES TO THE COUNCIL.
The minister may give to the council directives of a general character or relating generally to particular matters (but not to any individual person or case) with regards to the exercise by the council of its functions and it shall be the duty of the council to comply with the directives.
- Any regulations made under this Act shall be published in the Federal Gazette as soon as may be after they are made and a copy of such regulations shall be sent to the minister not later than (7) days before they are so published.
- Rules made for the purpose of this Act, shall be subject to confirmation by the institute at the next general meeting or at any special meeting of this institute convened for this purpose and if then annulled, shall cease to have effect on the day of annulment but without prejudice to anything done in pursuance or intended pursuance of any such rules
23 OFFENCES AND PENALTIES.
- Any person who for the purpose of procuring the registration of any name, qualification or other matters
- Makes a statement which he believes to be false in a material
- Recklessly makes a statement which is false in a material particular
commits an offence.
- If, on or after the coming into force of this Act any person who has not being a member of the institute, practice or hold himself out to practice as a member of the profession for or in expectation of reward or take or uses any name, tittle, addition or description implying that he is in practice as a member of the profession he commits an offence.
- In case of a person which fall within section 17 of this Act.
- The provision of subsection (2) of this section shall not apply in
respect of anything done by him during the period of three (3) months mentioned in that section and
- If within that period he duly applies for membership of the institute
then unless that period he is notified that his application has not been approved the provision of subsection (2) of this section shall not apply in respect of anything done by him between the end of that period and the date on which he is registered or is notified as aforesaid.
- If the registrar or any other person employed by or on behalf of the institute willfully makes any falsification in any matter relating to the register, he commits an offence.
- A person guilty of an offence under this section is liable
- on summary conviction, to a fine not exceeding N1,000
- on conviction on indictment, to a fine not exceeding N5,000 or to
imprisonment for a term not exceeding two years or both fine and imprisonment.
- Where an offence under this section has been committed by a body corporate 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 other similar officer of the body corporate, shall he deemed to have committed that offence and shall be liable to be proceeded against and punishable accordingly.
24 TRANSFERS TO THE INSTITUTE OF CERTAIN ASSETS AND LIABILITIES
- On the commencement of this Act……
- All assets and liabilities held or incurred immediately before that day by or on behalf of the incorporated institutes shall by virtue of this Act and without any further assurance, vest in the institute and be held by it for the purpose of the institute,
- The incorporated institutes shall cease to exist, and
- Subject to subsection 2 of this section, any act or thing made or done by the institute, shall be deemed to have been made or done by the institute.
- The provision of third schedule to this Act shall have effect with respect to matters arising from the transfer by this section to the institute of the property of the incorporated institute and with respect to other matters mentioned therein.
In this Act, unless the context otherwise requires:-
Board– means the National Board for Technical Education established under the National Board for Technical Education Act
Council means, the council established as the governing body of the institute.
“Fees” includes annual subscription.
“Institute” means The Chartered Polymer Institute establish under section 1 of this Act.
“Member” of this institute” means a registered fellow, member, associate, corporate, students, professional, honorary fellow, and membership of the institute shall be construed accordingly.
“Minister” means Minister of Science and Technology
“Panel” has the meaning assigned to it by section 15 of this Act.
“President and Vice President” means respectively the officer holders under those names in the institute.
“Registrar” means the Registrar appointed in accordance with section 6(1) (a)of this Act.
“Profession” means the Profession of Polymer Science Engineering and Technology.
“Register” means the register maintained in pursuance of section 6 of this Act and
“Masculine” refers to feminine and Vice-Versa.
“Tribunal” has the meaning assign to it by section 15 of this Act
26 Short tittle:
This Act may be cited as the Chartered Polymer Institute of Nigeria Act.
Supplementary provisions relating to the Council and the Institute
1.(1) Subject to the provisions of this paragraph a member of the council shall hold office for a period of three years beginning from the date of his appointment or election.
2In the case of a person who is a member by virtue of having been president of the institute, he shall hold office for a period of three years from the date of his having ceased to be president of the institute.
- Any member of the institute who cease to be a member thereof shall, if he is also a member of the council, cease to hold office on the council.
- Any elected member may by notice in writing under his hand addressed to the President of the Institute, resigns his office and any person appointed may with the consent of the Secretary, in the manner resigns his office.
- 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.
- Members of the council shall at its meeting next before the annual general meeting of the institute arrange for five member of the council appointed or elected and longest in office to retire at that annual general meeting.
- Election to the council shall be held in such manner as may be prescribed by rules made by the council and until so prescribed, it shall be decided by show of hands.
- If for any reason there is a vacation of office by a member and
- Such member was appointed by the secretary, the secretary shall appoint another fit and proper person to replace
such member or
- Such member was elected, the council may, if the time between the
Unexpired portion of the term of office and the next meeting of the institute appears to warrant the filling of the vacancy, appoint some fit and proper persons for such time as aforesaid.
POWERS OF COUNCIL
- The Council shall have power to do anything which in its opinion is calculated to facilitate the carrying on of the activities of the Institute.
3.(1) Subject to the provisions of this Act the Council may in the name of the Institute make standing orders regulating the proceedings of the institute, the Council or any of the Council’s or Institutes committee.
(2) The standing orders shall provide for decision to be taken by a majority of members, and in the event of equality of votes, the President of the institute or the Chairman, as the case may be shall have a second or casting vote.
(3) The standing orders made for a committee shall provide that the committee reports back to the Council on any matter within its competence to decide
(4) The quorum of the Council shall be seven (7) and the quorum of a committee of the Council shall be determined by the Council.
MEETING OF THE INSTITUTE
4-(1) The Council shall convenes the Annual General Meeting of the Institute on the 30th April of every year or on such day as the Council may, from time to time, so however that if the meeting is not held within one year after, the previous Annual General meeting not more than fifteen months shall elapse between the respective dates of the two meetings.
(2) A special meeting of the Institute may be convened by the Council anytime, and if not less than twenty members of the institute require it by notice in writing addressed to the Registrar of the Institute setting out the object of the proposed meeting, the Chairman of the council shall convene a special meeting of the institute.
(3) The quorum of any meeting of the Institute shall be ten members and that of any special meeting of the institute shall be fifteen members.
MEETING OF THE COUNCIL
5-(1) Subject to the provision of any standing orders of the Council the Council shall meet whenever it is summoned by the Chairman and if the Chairman is required to do so by notice in writing given to him by not less than seven members, he shall summons 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 of the member to preside over 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 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 provision of this paragraph, the first meeting of the Council shall be summoned by the Minister, who may give such directives as he thinks fit as to the procedure which shall be followed at the meeting.
6(1) The Council may appoint one or more committees to carry out on behalf of the Institute or the Council, such functions as the Council may determine.
(2) A committee appointed under this paragraph shall consist of the number of persons determined by the Council of whom not more than one third shall be persons who are not members of the council shall hold office on the committee in accordance with the terms of the letter by which he is appointed.
(3) A decision of a Committee of the council shall be of no effect until confirmed by the Council.
7(1) The fixing of the Institute SEAL shall be authenticated by the signature of the President of the Institute or some other member of the Council authorized generally or specially authorized to act for that purpose.
(2) Any contract or instrument which is 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 Institute or of this council as the case may require, by any person generally or specially by the Institute to act for that purpose by the council.
(3) Any document purporting to be a document duly executed under the seal of the Institute shall be received in evidence and shall, unless the contrary is prove, it is deemed to be executed.
- The validity of any proceeding of the Institute or the Council or of the committee of the Council shall not be adversely affected by any vacancy in membership or by any defect in the appointment of a member of the institute of the council or of a person to serve on the committee or by reason that a person not entitled to do so took part in the proceeding.
Supplementary provision relating to Disciplinary Tribunal and Investigating Panel
- The quorum of the Tribunal shall be five of whom at least two shall be members of the profession.
- (1) The Attorney General of the Federation may make rules as to the selection of members of the tribunal for the purpose of any proceeding and as to the procedure to be followed and the rules of evidence to be observed in proceedings before the tribunal.
(2)The rules shall in particular provides:-
- For securing that notice of the 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 proceeding.
- For securing that any party to the proceedings shall, if so required be entitled to be heard by the tribunal.
- For securing that any party to the proceedings to be represented by a Legal Practitioner.
- Subject to the provisions of section 16(7) of this Act, as to the cost of proceedings before the tribunal
- 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 adjudged 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 relates.
- For publishing in the gazette of notice of any direction of the tribunal which has taken effect providing that a person’s name shall be struck off this register.
- For determining who in addition to person aforesaid, shall be party to the proceeding.
(3) For the purpose of any proceedings before the Tribunal, any member of the Tribunal may administer oaths and any party to the proceedings may issue out of the registry of the Federal High Court writ of subpoena-ad-testificandum and duces tecum but no person appearing before the tribunal shall be compelled.
- to make any statement before the tribunal tending to incriminate himself or
- to produce any document under such a writ which he could not be compelled to produce at the trial of an action.
- (1) for the purpose of advising the Tribunal on question of law arising in the
proceedings before it, there shall in all such proceedings be an Assessor to the Tribunal who shall be appointed by the Council on the nomination of the Attorney General of the Federation and shall be a Legal Practitioner of not less than ten years post call.
(2) The Attorney General of the Federation shall make rules as to the functions of Assessors appointed under this paragraph, and in particular such rules shall contain this provisions for securing that:
- Where an Assessor advices the Tribunal on any question of law as to evidence, procedure or any other matters specified by the rules, he shall do so in the presence of every party or persons representing the 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 what advice the Assessor has tendered.
- Every such party or person as aforesaid shall be informed if in any case the tribunal does not accept the advice of the Assessor on such a question as aforesaid.
(3) An Assessor may be appointed under this paragraph either generally or for any particular proceedings or class of proceedings and such hold and vacate office in accordance with the terms of the instrument by which he is appointed.
- The quorum of the panel shall be three
- (1) The panel may at any of its meeting attended by not less than five (5) members of the panel, make standing orders with respect to the panel.
(2) Subject to the provision of any standing orders, the panel may regulates its procedure.
- A person ceasing to be a member of the Tribunal or the Panel shall be eligible for reappointment as a member of the body.
- A person if otherwise eligible, be a member of both the Tribunal and Panel, but no person who acted as a member of the panel with respect to any case shall act as a member of the Tribunal with respect to the case.
- The Tribunal or the panel may act notwithstanding 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 paragraph 7 of this schedule) by reason of the fact that any person who was not entitled to do so took part in the proceedings of the body.
- Any document authorized or required by virtue of this Act to be served on the Tribunal or the Panel shall be served on the Registrar appointed in pursuant of section 7of this Act.
- Any expenses of the Tribunal or the Panel shall be defrayed by the Institute.
Transitional Provisions as To Assets and Liabilities Transfer of Asset And Liability
- Every agreement to which the Incorporated Institute was a party immediately before the commencement of this Act, whether in writing or not and whether or not of such a nature that the rights, liabilities and obligations thereunder could be assigned by the incorporated Institute, shall unless its terms or subject matter make it impossible that it should have effect as modified in the manner provided by the sub-paragraphs have effect from the commencement of this Act so far as its relates to assets and liabilities transferred by this Act to the Institute as if …….
- The Institute had been a party to the agreement
- For any reference (however worded and whether expressed or implied) to the Incorporated Institute, there were substituted in respect of anything falling to be done on or after the commencement of this Act a reference to the Institute
- For any reference however worded to a member or members of the Council of the Incorporated Institute, there were substituted, in respect of anything falling to be done on or after the commencement of this Act, a reference to a member or members of the council under this Act.
- Other documents which refer whether specially or generally to the Incorporated Institute shall be considered in accordance with sub-paragraph (1) of this paragraph so far as applicable.
- Without prejudice to the generality of the foregoing provisions of this schedule where by operation of section 6 of this Act any right, liability or obligation vest in the Institute, the Institute and all other person shall as from the commencement of this Act have the same rights, power and remedies (and in particular the same rights as to the taking or resisting of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing that right, liability or obligation as they would have if it had at all times been a right, liability or obligation of the institute.
- Any legal proceedings or application to any authority pending before the commencement of this Act by or against the Incorporated Institute and relating to assets or liabilities transferred by this Act to the Institute may be continued on or after that day or against the institute.
5 On commencement of this Act any person holding any paid appointment in the Incorporated Institute shall hold a correspondent appointment in the Institute on the same term and condition as to tenure and otherwise but shall not be entitled to received remuneration both from the Incorporated Institute and the Institute in respect of the same period of service.
- If the law in force at the place where any property transferred by this Act is situate provides for the registration or transfer or transfer of property of the kind in question (whether by reference to an instrument of transfer or otherwise) the law shall, so far as its provides for alteration of a regular (but not for avoidance of transfer, the payment of fees or any other matter) apply with necessary modifications, to the transfer of the property aforesaid, and it shall be the duty of the Council to furnish the necessary particulars of the transfer to the proper officer of the registration authority, and for that officer to register the transfer accordingly.
- All regulations, rules and similar instruments made for the purpose of the Incorporated Institute and in force immediately before the coming into force of this Act shall except in so far as they are subsequently revoked or amended by any authority having power in that behalf have effect with any necessary modification as if duly made for the corresponding purposes of the Institute.
Supplementary Provisions Relating to Professional Membership Requirement
- Subject to the provision of section 10 of this Act for the purpose of professional requirement, student members shall be a full time student in any institution of higher learning on an accredited course of study leading to specialization in polymer science, engineering and technology.
- Technician member shall be HND, OND holder in polymer science or engineering or requisite experience in the operation and service of polymer industry equipment.
- Graduate member, shall possess a maximum of (4) years polymer education with credits earned in polymer science, engineering or technology, plastic coating or such other qualification as may be recognized by the institute as equivalent to the foregoing requirement for admission to graduate polymer institute of Nigeria.
- Associate members shall be persons with not less than six (6) years’ experience with credit earned for diploma, a degree in a discipline other than polymer science, engineering or technology and involvement in polymer or polymer equipment marketing sales, purchasing, education, engineering, designs, production, processing, research and development, consulting or other levels of management.
- Full member, polymer chemistry, polymer physics, polymer engineering, plastic engineering, polymer technology and alloed field-shall have a minimum of six(6) years’ experience with credits of which (4) years must be earned for full time polymer education to at least a second class honour bachelor degree level or equivalent and as approved by the council.
- Fellows:-shall be conferred on a member for outstanding work in field of polymer science or engineering and services to the institute.
- Honanary fellow:-shall be chosen and nominated by the Council for services to the Polymer Industry and the Institute.
- Corporate (company) membership:- company involved in production or services related to Polymer Science and Engineering.
CHARTERED POLYMER INSTITUTE OF NIGERIA REGULATIONS
ARRANGEMENT OF REGULATIONS
- Application for membership
- Number of members
- Qualification for membership
- Compliance with regulation etc
- Issue of practicing certificate
- Entrance fees and subscriptions
- Cessation of membership on death
- Resignation of membership
- Annual general meetings
- Extraordinary and general meetings
- Omission to give notice
- Special business
- Adjournment of dissolution
- Unfinished business to be discussed
- President of the council to preside at meetings of the Institute
- How resolution decided
- How poll to be taken
- No poll in certain cases
- Equality of votes
- Consequence of a demand of a poll
- Votes of members
- Members in arrears
- Effect of vote by proxy
- Constitution of the council of the institute
- Power of appointing additional members of the Council
- Powers of the council
- Age limit for Council members
- Disclosure of personal interest
- Restriction of voting in Council
- Powers of the Council
- Continuing members of the Council may act to fill vacancies on summons meetings
- Affirming of common seal
- How rules may be made or varied and the matter with which may relate
- The Registrar
- Vacancies of office
- One third of members of Council
- Retirement of rotation
- Re-nomination of retiring member
- Vacancies to be filed
- Notice to be given for re-nomination
- Removal of members
- Meeting of Council and quorum and casting vote to President
- Seven days notice of meeting of Council required
- Nomination of President and Vice President
- Quorum competent to exercise all power of Council
- Committee of the Council
- All acts done by Council or committee to be valid
- Minutes of proceedings
- Disciplinary Tribunal
- Members of Disciplinary Tribunal
- Suspension of membership
- Disciplinary action
- Suspension etc
- Forfeiture of membership on the Council
- Re-admission to membership
- Subversive activity
- Accounts to be kept
- Annual accounts and report
- Notices to members
- Rules for regulating proceedings
- Registered office
- Income and property
- Submission to the Minster
CHARTERED POLYMER INSTITUTE OF NIGERIA
Under section 22
- Application For Membership
Application for admission to membership of the Chartered Polymer Institute) shall be made to the Council on the appropriate form accompanied by such other information as the Council may from time to time determine, the admission of an applicant, and no applicant shall be admitted as a member unless he has first satisfied the Council as to his professional status.
- Number of Members
The Institute shall consist of an unlimited number of members.
The Institute shall constitute the present members and such other persons as may be admitted to membership upon the terms and conditions contained in these regulation.
- Qualification of Membership
No person shall be eligible for admission as a member of the Institute unless:
(a) He is a regular student enrolled full time student in any institution of higher learning on an accredited course of study leading to specialization in polymer science, engineering and/or technology.
(b) He has HND, OND in Polymer Science or engineering or requisite
experience in the operation and service of Polymer Industry equipment.
(c ) He has a maximum of four (4) years of Polymer education with
credits earned in Polymer science engineering or technology, plastics coatings, engineering and technology or such other qualifications as may be recognized by the Council as equivalent to the foregoing requirement for admission.
- He has not less than six (6) years’ experience with credit earned for
diploma or degree in a discipline other than Polymer science, engineering or technology and involvement in polymer or polymer equipment marketing, sales, purchasing, education, processing, research and development, consulting or other levels of management.
- He has a minimum of six (6) years’ experience with credit of which
Four (4) years must be earned for full time polymer education to at least a second class honours, bachelor degree level or equivalent and as approved by the Council.
- He has been chosen and nominated by the Council for services to the
Polymer Industry and the Institute. It is a company involved in production or services related to Polymer Science and engineering.
- he is a member of a professional Polymer Science Engineering and Technology body as may from time to time be approved by the Council or
- he is a graduate in Polymer Science from any Nigerian University or such other approved overseas Universities with three years post-qualification experience, inclusive of National Youth Service Corps, and the degree was obtained not later than June 1975 or
- As at the date of application he is a holder of a position as a senior Engineer in Polymer Science Engineering and Technology in the service of the Federation or a state or in any polymer Industry or in the private science engineering and technology engineer as a practicing polymer science engineering and technology engineer and is a fit and proper person to be a member.
j He passes the institute qualifying examination for membership
conducted by the Council and completes the period of practical experience that may be prescribed from time to time.
k He is a member of any other recognized Chartered Polymer Institute
anywhere in the world and shall, at the discretion of the Council, be eligible for direct admission to membership of the institute.
- Compliance with Regulations
A person shall, upon applying for admission sign an undertaking that he shall if admitted, and for as long as he is a member, duly observed the regulations and rules of the Institute for the time being in force, and he shall not use any of the professional designatory, letters denoting membership of the institute except while as a member of the Institute.
- Issue of practicing certificate
- A member of the institute shall be entitled to engage in public practice
as a Chartered Polymer Institute only if he holds a valid practicing certificate issued by the Council of the Institute.
- A member applying for a practicing license must supply sufficient
evidence of his professional experience to satisfy the Council that he has appropriate experience to practice
Entrance Fees and Subscription
- Entrance Fees and Subscription
The fees and subscriptions payable by the members of the Institute shall be determined by the rules made by the Institute as amended from time to time and the annual subscriptions shall be liable to be paid in advance.
- Cessation of membership on death
Any person ceasing by death or otherwise to be a member of the Institute, shall not, nor shall his representative have any claim upon or interest in the funds of the Institute and the provisions of this Regulation shall be without prejudice to the right of the Institute, at the time of his ceasing to be a member.
- Resignation of Membership
i A member of the institute may resign his membership on given notice to the Council, but shall remain liable to pay any subscription due from him as at the date of receipt of such notice.
- A member of the Institute shall ….. cease to be a member of the Institute in the event of his annual subscription or such other contribution to the institute becoming payable, but shall nevertheless be liable to pay the amount of the annual subscriptions and such other arrears of subscription or other sums due by him to the institute and shall remain liable for the payment of the arrears for the period that his membership continued until the date when all such subscriptions, arrears, and other sums were fully paid.
iii. The Council shall have power in special cases, to suspend the operation of the provision of paragraph (2) of this regulation in the case of a person who had ceased to be a member under this Regulation and the Council may, at its discretion, re-admit the person to membership upon such conditions as it may deem fit in each circumstances.
If a member of the institute shall become bankrupt or shall either individually or in partnership with a firm make or agree to make an assignment for the benefits of his creditor or shall make any arrangement or composition with his creditors or shall take or attempt to take the benefit of any statutory provision for arrangement with his creditors, he shall cease to be a member, but at the discretion of the Council, he may be re-instated with or without the payment of an entrance fee or membership subscription and the Council shall have the right to publish in the Gazette or such Newspaper or Journals as it may elect an announcement of the termination of his membership.
- General Meetings
Annual General Meeting
An annual general meeting of the institute shall be held subject to the provision of the Act
- Extra–Ordinary General Meetings
The council may convene an extra–ordinary general meeting and extra ordinary general meeting may also be convened on such requisition by members of the institute as may be provided by the Act.
- Omission to Give Notice
An omission to give notice of a meeting to or the non-receipt of such notice by any member of the Institute, shall not invalidate any resolution passed or any proceedings of such meeting.
Proceedings at General Meeting
- SPECIAL BUSINESS
All business of the Institute which is transacted at an extra ordinary general meeting and that is transacted at an annual general meeting shall also be deemed special with the exception of consideration of the accounts and balance sheets and the reports of the Council and of the auditors, the nomination of members of the Council and of the officers retiring by rotation and fixing of the remunerations of the auditors.
No business of the Institute shall be transacted at any general meeting unless a quorum of twenty members are present at the time when the meeting proceeds to business, the quorum at any extraordinary general meeting of the Institute shall be fifty.
- Adjournment or Dissolution
If within half an hour from the time appointed for the meeting a quorum is not formed, the meeting, if convened on the requisition of members, shall be dissolved and in any other case it shall stand adjourned to the same day in the next week, at the same place or such other places as the President shall appoint, and if at such adjourned meeting a quorum is not present with half an hour from the time appointed for the meeting, the numbers present shall for the purpose of that meeting form a quorum.
- Unfinished Business to be Discussed
- The President may with the consent of the members of any meeting at
which a quorum is present and shall if so directed by the meeting), adjourn the meeting from time to time from place to place, but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.
- When meeting is adjourned pursuant to paragraph (1) of this
regulation for ten days or more, notice of the meeting shall be given as in the case of an original meeting save as aforesaid it shall not be necessary to give notice of an adjournment or of the business to be transacted at an adjourned meeting.
- President of the Council to Preside at Meetings of the Institute
i The President of the institute shall proside at every general meeting of
the institute and, if the President is absent or, if any meeting he shall not be present within fifteen minutes after the time appointed for holding the meeting or shall be unwilling to preside, the Vice President of the Institute shall preside and in his absence a member of the Council nominated by the member present shall preside.
- Where no member of the Council is present to preside, the members
present shall appoint one of their number to a preside over the meeting.
- How Resolution Decided
At all general meetings of the Institute a resolution put to vote during the meeting shall be decided by show of hands by a majority of the members present and voting, unless before or upon the declaration of the result of the show of hands a poll is demanded in writing by the President of the meeting that a resolution has been carried by a particular majority or lost or not carried by a particular majority shall be conclusive and an entry made to that effect in the minute book of the Institute, shall be conclusive evidence thereof, without proof of number or proportion of votes recorded in favour of or against such resolution.
- How Poll to be Taken
If a poll is demanded in the manner specified in Regulation 19 of this Regulation, it shall be taken at such time and place, and in such manner, as the President of the institute shall direct and the result of the poll shall be deemed to be resolution of the meeting at which the poll was demanded.
- No Poll in Certain Case
No poll shall be demanded on the election of a president of a meeting or on any question of adjournment.
- Equality of Votes
In cases of an equality of votes, whether a show of hands or on poll, the Chairman of the meeting at which the show of hands takes place or at which the poll is demanded shall be entitled to a second or casting vote.
- Consequence of a Demand for Poll
The demand for a poll shall not prevent the continuance of a meeting for the transaction of any business other than question on which a poll has been demanded.
Votes of Members
- VOTES OF MEMBERS
Every member of the Institute whose subscription shall have been paid for the current year shall be entitled to one vote at every meeting of the institute.
MEMBERS IN ARREARS
- Save as herein expressly provided, no person shall at a general meeting of the Institute, other than a member duly registered and who has paid every subscription and such other sum (if any) which shall be due and payable to the Institute in respect of his membership, be entitled to be present or to vote on any question either personally or by proxy or as proxy for any other member.
On a poll, votes may be given either or by proxy shall be a member of the Institute entitled to be present and liable to vote.
- The instrument appointing a proxy as provided in the schedule to this
Regulation shall be in writing under the hand of the appointer or his attorney duly authorized in writing.
- The instrument appointing a proxy and the power of attorney (if any)
under which it is signed or a certified copy thereof shall be deposited at the office of the Registrar of the Institute at least twenty four hours before the time appointed for holding the meeting at which the person’s name in such instrument proposes to vote, otherwise the person name shall not be entitled to vote in respect thereof and the instrument appointing him shall be valid only for purposes of that meeting or its adjournment thereof.
- Effect of Proxy
A vote given in accordance with the term of an instrument of proxy shall be valid notwithstanding the previous death of the appointer or revocation of the proxy, provided no intimation in writing of the death or revocation shall have been received during office hours at least before the time for holding that meeting.
Council of the Institute
- Constitution of Council of the Institute
- The Council of the Institute shall be deemed for all purpose to be
Governing body of the Institute.
- The Council shall consist of the numbers specified in the Act and shall
be nominated by the Institute at an annual general meeting on the recommendation of the council.
- Power of Appointing Additional Members of The Council
The Council may, from time to time and at any time appoint any member of the institute as a member of the Council, to fill a vacancy in the Council, provided that the prescribed minimum number shall not be exceeded and any member so appointed shall retain his office only until the next annual general meeting and shall be eligible for renomination.
- Age Limit for Council Member
No person shall be eligible to hold office as a member of the council, unless he is forty (40) years old.
- Disclosure of Personal Interest
Any member of the council or of a committee thereof, who has a personal interest in any contract or arrangement enthroned into or proposed to be considered by the Council or a committee thereof, shall forthwith disclose his interest to the Council or the committee as the case may be, and shall not vote on any question relating to such contract or arrangement.
- Restriction of Voting In Council
No member of the Council shall be disqualified from acting as such only by reason of his being so interested but he shall be eligible to vote at the meeting of the Council on any matter relating to any operation, undertaking, or business in which he is interested either individually or as a member of the partnership or as a director or officer of the body corporate or corporation and if he shall so vote his vote shall not be counted.
Powers of the Council
- Powers of the Council
- The business of the Institute shall be managed by the Council which may
exercise all the powers of the Institute and do on behalf of the institute all and done by the Institute and as by virtue of the Act or the Regulation required to be so exercised.
- No regulation made by the council at the general meeting shall
invalidated any prior act of the council which would have been made.
- Continuing member of the council may act to fill vacancies or summon meetings.
Notwithstanding any vacancy in the Council, the continuing membership on the Council may at any time be reduced in number to less than the maximum number prescribed by or in accordance with these Regulations and it shall be lawful for such members to continue to act as members of the Council for the purpose of filling vacancies of summoning a general meeting of the members, but not for any other purpose.
- Affirming of Common Seal
- The Institute shall have a common seal which shall be kept in the custody of the Registrar who shall produce it when it is required for use by the Institute.
- All legal matters required to be executed by the institute shall be signed
by the president and the registrar and seal with the common seal of the institute.
- The common seal of the Institute shall not be affixed to any instrument
except authority of a resolution of the Council, and in the presence of at least two members of the Council and the Registrar, and the members and the Registrar shall sign every instrument to which the common seal shall be affixed in their presence and in favour of a purchaser or person bonafide dealing with the institute and such signatures shall be conclusive of the fact that the common seal was properly affixed.
- HOW RULES MAY BE MADE OR VALID AND THE MATTER WITH WHICH THEY MAY RELATE
(1) The Council may from time to time, make rules for carrying on the
business of the institute and may at anytime at an annual general meeting vary any rules so made and all rules so made and for the time being in force shall be binding on the members of the Institute and shall have full effect accordingly.
(2) The subject of the rules referred to in paragraph (1) of this Regulation
shall among other things, include the matters set out hereunder, that is:-
- The annual or other subscriptions or payment to be payable by members of the Institute.
- The right and privileges which shall be accorded to the members of the Institute.
- The qualification, restrictions and conditions which shall be in accordance with the provisions of section 8 of the Act.
- The qualification, initials and designation to be used by members of the Institute
- The removal of members who, in the opinion of the Council, are no longer proper persons to continue in membership of the Institute.
- Committee connected with management of the institute, the Register and all the officers of the Institute including the auditors.
- Branches or district center committees;
- Creation and maintenance of the fund of the Institute
- Arrangement with other Institutes for reciprocal concession.
- The year book of the Institutes, Journals, publication of papers or books or such other papers as may be conducive to the welfare and advancement of the objectives of the Institute.
- The postal ballot for the purpose of nominating members of the council and the procedure in connection therewith.
- Provided that no rules shall be made pursuant to this Regulations which may only lawfully be made at a special resolution of the Institute.
- The Registrar
The Registrar shall hold office on such conditions as Council may determine in accordance with the provisions of the Act. The termination of his appointment shall require a resolution passed by not less than ninety five percent (95%) of the members of the Council present and voting at meeting of the Council at which not less than ninety five percent (95%) of the members of the Council shall be present.
Disqualification of Member of the Council
- VACATION OF OFFICE
The office of a member of the council shall become vacant if
- A receiving order is made against him or,
- He makes any arrangement with his creditors, or
- He becomes a lunatic or is of unsound mind, or
- He cease to be a member of the Institute or by notice in writing to the Institute he resigns his office.
- He cease to hold office by virtue of any provisions of the Act.
Rotation of Member of the Council
- ONE THIRD OF MEMBERS OF THE COUNCIL
(1) At an annual general meeting of the Institute, one third of the members of the Council for the time being or if their member is not a multiple of three, then the number nearest to but not exceeding one third, shall retire from office.
(2) A retiring member of the Council shall retain his office until the dissolution or adjournment of the meeting at which his successor shall be nominated or it is determined not to fill his place.
- RETIREMENT BY ROTATION
(1) The members of the Council retiring shall be those who have been longest in office since their last nomination or appointment and as between members of equal seniority, the members to retire shall, in the absence of an agreement, be selected from among them by ballot.
(2) The length of time a member has been in office shall be computed from his last nomination or appointment.
(3) A retiring member of the Council may be eligible for re-nomination.
- RE- NOMINATION OF RETIRING MEMBER
A retiring member of the council eligible for re-nomination shall, unless he shall have signified his desire to offer himself for re-nomination be deemed to be nominated.
- VACANCIES TO BE FILLED
The Institute may, at the meeting at which any member of the Council retires in any manner whatsoever, fill the vacant office of the member by nominating another member thereto unless as such meeting it shall be determined to reduce the number of members of the Council.
- NOTICE TO BE GIVEN FOR RE-NOMINATION
- No person, except as a member, of the Council, retiring at the meeting or
seeking re-nomination, and on the recommendation of the Council, shall be eligible for nomination to the Council except if notice in writing shall be given to the Registrar not less than one(1) month before the day appointed for the meeting and the notice shall be required to be signed by the ten members duly signed by the person nominated of his willingness to be nominated.
- No nomination shall be valid if the person nominated or any of his nominators under any precautionary liability to the Institute.
- REMOVAL OF MEMBERS
- In the event of any member of the Council failing to attend six (6)
consecutives meeting of the Council, of which he has been duly notified, the Council may unless his absence was caused by illness (or other circumstances which in the opinion of the Council may cause his absence) resolve that he shall cease to be a member of the Council and the Institute may nominate another member to fill the vacancy thus created.
- The Institute may, by an ordinary resolution of which special notice shall have been given, remove any member of the Council before the expiration of his tenure of office, and may by an ordinary resolution appoint another member in his stead provided that any person so appointed shall retain his office for only such period as the member in whose place he was appointed would have held the same if he had not been removed.
Proceedings of the Council
- MEETING OF THE COUNCIL, QUORUM AND CASTING OF VOTE OF PRESIDENT
- The Council may meet together for the dispatch of its business adjourned
and otherwise regulate its meetings as it may think fit, and determine the quorum necessary for the transaction of its business and unless otherwise determined by the Council, the quorum at every meeting of the Council shall be seven (7).
- Question arising at any meeting of the Council, shall be decided by a
Majority Votes and in the case of an equality of votes, the president shall have a second or casting vote.
- SEVEN DAYS NOTICE OF MEETING OF COUNCIL REQUIRED
- Council meeting shall be called by the Registrar at any time at the request
of the President or of seven (7) members of the Council given seven (7) clear days’ notice to the members of the Council.
- A member of the Council who is absent from Nigeria shall not be
entitled to notice of meeting.
- NOMINATION OF PRESIDENT AND VICE PRESIDENT
- The Council shall from time to time nominate one of their member to act
as President and another as Vice President both of whom shall hold office for three (3) years after the date of election.
(2) The President or in his absence within thirty minutes after the time appointed for holding the meeting, the members of the Council present shall appoint one of their member to be the President for the purpose of that meeting.
- QUORUM COMPETENT TO EXERCISE ALL POWERS OF COUNCIL
A meeting of the members of the Council for the time being at which a quorum is present shall be competent to exercise all the authority, powers and discretion or under the regulation of the Institute for the time being vested in the Council.
- COMMITTEE OF THE COUNCIL
(1) The Council may appoint committees in accordance with the rules for the
time being in force, and subject to any rules, the Council may delegate any of its functions to a committees consisting of such member or members of the Council of the Institute as it thinks fit, and any committee so formed shall conforms to any regulations imposed on it by the Council/
- The meeting and proceedings of any such committee shall be governed
by the provisions of these Regulations for regulating its meetings.
- ALL ACTS DONE BY COUNCIL OR COMMITTEES TO BE VALID
All Acts Bonafide
done at any meeting of the Council by any person acting as a member of the Council, or if any Committee notwithstanding that there was defect in the appointment on the Council or Committee or appointment of any person or member of the Council or Committee acting as aforesaid or that they or any of them were not qualified at the time of their appointment, or have become disqualified, shall be as valid as if such Council or Committees were appointed without any defect.
- MINUTES OF PROCEEDINGS
The Council shall cause proper minutes to be kept of the proceedings of the meetings of the Institute, Council or committee and all business transacted at such meetings or any such minutes of any meeting if purporting to be signed by the chairman of the meeting or by the chairman of succeeding meetings, shall be conclusive evidence of the proceedings therein without any further proof of the fact therein stated.
- Disciplinary Tribunal
- A disciplinary tribunal shall be constituted with the powers and for the
purposes specified in section 15 of the Act.
- The disciplinary Tribunal shall consist of the chairman and other
members who shall be appointed by the Council from among the members of the Council and the quorum shall be four (4).
- MEMBERSHIP OF THE DISCIPLINARY TRIBUNAL
All vacancies from time to time, occurring in the Disciplinary Tribunal shall be filled by the Council, but the Disciplinary Tribunal shall be filled by the Council, but the Disciplinary Tribunal may act notwithstanding any vacancy in its membership provided that the members shall not be less than four (4).
- SUSPENSION OF MEMBERSHIP
- The Disciplinary Tribunal shall meet at such time and in such place as may, from time to time be found expedient and minutes shall be kept of all proceedings of the Disciplinary Tribunal.
- The Disciplinary Tribunal may suspend any member of as the Institute,
who is proved to the satisfaction of the Disciplinary Tribunal to have been guilty of discreditable act or conduct and that member shall be stopped from the exercise of all rights and privileges as a member during such period as it may think fit, or it may censure any member for any act or conduct which in its opinion is so expedient. Provided that at least five members of the Disciplinary Tribunal are present at the meeting at which the suspension or censure be reduced.
- If any member of the Disciplinary Tribunal shall, in the opinion of the
investigating panel, be guilty, or if any the institute be accused of a dis honourable conduct, or explanation, be derogatory tot the ethnic of the institute or render him unfit to remain a member, then investigation panel shall send to such member at his last registered address, a statement in writing of the conduct imputed to him and shall afford him an opportunity of giving an explanation personally or in writing as he may elect.
- If any member of the Disciplinary Tribunal shall, in the opinion of the
investigating panel, be guilty, or if any member shall either before or after his admission to the institute be accused of a dishonorable conduct, or of conduct which would in the absence of satisfactory explanation, be derogatory to the ethics of the institute or render him unfit to remain a member, then investigation panel shall send to such member at his last registered address, a statement in writing of the conduct imputed to him and shall afford him an opportunity of giving an explanation personally or in writing as he may elect.
- If on the consideration of such explanation, or in the absence of any
explanation the investigation panel shall be of the opinion that the number ought to be excluded from the institute, it shall state its opinion in the form of a report to be laid before the Disciplinary Tribunal for further action.
- DISCIPLINARY ACTION
On any report being laid before the council by the Disciplinary Tribunal recommending the exclusion of a member, a meeting of the Council shall be convened and the member may be dealt with as the Council may think fit.
- In the event of the suspension, removal or exclusion of a member, the
Council shall at liberty to cause a notice thereof to be published in such newspaper or journal as it may elect.
- In the event of resignation, suspension removal or exclusion of a
member, or of a member ceasing to be a member, for any other cause, every certificate of membership held by him, shall be delivered up to the institute to be retained during the period of his suspension.
- FORFEITURE OF MEMBERSHIP ON THE COUNCIL
If it shall appear that a member failed to give adequate information about himself or that the particulars given therein were incorrect or misleading so that the insufficient in accurate or misleading information might have been responsible for or have influenced the granting of his application for membership, the Council may by vote of two third of the members of the Council present, exclude such member from further membership of the Institute.
- RE-ADMISSION TO MEMBERSHIP
In case of a person whose membership has ceased in accordance with the provisions of the Act or these Regulation, the Council may by unanimous resolution at a meeting covered with notice of the object and upon such conditions as it may think fit admit or refuse to re-admit an applicant without disclosing any reason for such refusal.
- Subversive Activity
Where, it is established that a person is involved in any subversive activity against the Institute, that person if a member of the Institute, shall be expelled for life from the Institute, if howsoever, the person is an applicant seeking membership of the Institute his action shall be sufficient reason to reject the application for membership of the Institute.
Register of Member
- REGISTER OF MEMBER
The Council shall keep a register of members in respect of each state of the Federation and the Federal capital territory, Abuja and the register shall specify the name. And address of every member for the time being resident in that state and the federal capital territory, Abuja and the class in which such member is for the time being placed by the Council and the register shall be open for inspection by members of the public at all reasonable time.
(1) All monies, bills and notes belonging to the Institute shall be deposited with the Institutes bankers in an account to be kept in the name of the Institute.
(2) All cheques of the Institutes bankers, until otherwise resolved by the
Council shall be signed by the President, Registrar and such other member of the Council authorized so to do.
(3) The Institutes bank account shall be kept with such banker or bankers
as the Council may, from time to time determine.
- ACCOUNTS TO BE KEPT
(1) The Council shall cause true and correct account to be kept
(a) of the assets and liability of the Institute.
(b) of all monies received and expended by the Institutes and the matters in respect of which such receipts and expenditures were made, and
(c) of all sales and purchases of goods by the Institutes
(2) The books of account of the Institute shall be kept at the office, or at such other place or places as the Council may deem fit and shall be open to inspection by member of the council and the Institute.
(3) The Council at general meeting may, from time to time, make reasonable conditions and Regulations as to the time and manner for inspection of the accounts and books of the institute or any of them by members of the Institute or of the Council and subject to such conditions and regulations, the accounts and books of the Institute shall be open for inspection by members at all reasonable times during business hours.
- ANNUAL ACCOUNT AND REPORT
(1) Once at least in every year the Council shall cause to be prepared and
laid before the Institute at a general meeting an income and expenditure account for the previous year made up to date not more than six (6) months before such meeting.
(2) A balance sheet in respect of the accounts of the Institute shall be
made out every year at the same date, and laid before the Council at a general meeting and every balance sheet shall be accompanied by a report of the Council as to the affairs of the Institute generally and a report of the auditors, and a printed copy of such account, balance sheet and reports shall not less than twenty clear days before the meeting be served on the auditors and on the members who are entitled to received notices from the Institute and the manner in which notices are herein after directed to be served.
- At least once in every year accounts of the Institute shall be examined and the correctness of the income and expenditure of the account and balance sheet shall be curtained by one or more auditors.
- NOTICE TO MEMBERS
- Any summons, notice, order or such other document required to be sent to or served upon the institute, may be sent or served by leaving the same or sending it through the post in a prepaid letter address to the institute or to such officers at the office.
- Any notices, if served by posts, shall be deemed to have been served on the day following that on which the letter containing the same is put into the post, and in providing such services it shall be sufficient to prove that the letter containing the notice was properly addressed and put into the post office as a prepaid letter.
Rules for Regulating Proceedings
- RULES FOR REGULATING PROCEEDINGS
- It shall be lawful for the Council, from time to time to make rules regulating proceeding, reserved or alter rules, regulations and standing orders for regulating its proceedings and the procedure of the Institute and the management of the members thereof, for the calling of meetings, of the procedure at meetings, nominations, the service of documents and for other matters affecting the Institute.
- Provided always that no rules, regulation or standing order shall have any validity or effect which is contrary to the provisions of these Regulations or the Act or constitute or involves such an alteration of or addition to these Regulations as can any lawfully be made by a special resolution of the Institute. Accordingly a rule, regulation or standing order of the Institute shall not be made except by a resolution of the Council passed by a majority of two thirds of the members present and voting at meeting of the Council.
- Registered Office
The registered office of the institute shall be at such place or places as the council may from time determine and where any change in the places of the registered office of the institute shall occur it shall be notified in writing to all members of the institute within seven (7) days of the change being made.
- INCOME AND PROPERTY
The income and property of the Institute whatsoever derived shall be applied solely towards the promotions of the objectives of the Institutes as provided in the Act and such other subsidiary legislation made there under and no portion thereof shall be paid or transferred directly or indirectly, by way of dividends, bonus or otherwise.
(1) Nothing in this Regulations shall prevent the payment in good faith of reasonable and proper remuneration to any officer or servant of the Institute or to any member of the institute in return for any services actually rendered to the Institute provided that no member of the Council shall be appointed member of the Council shall be appointed to any salaried office of the Institute and no remuneration of other benefit in money or money’s worth shall be given by the Institute to any member of the Council except repayment or out-of- pocket expenses or reasonable and proper rent for premises demised, or let to the Institute.
(2) The provisions of paragraph (1) of this Regulation shall not apply to any payment to anybody corporate or to a member shall hold not more than one hundred part of the share capital, and the member shall not be bond to account for any share or profit he may receive in respect of any such payment.
- SUBMISSION TO THE MINISTER
No addition, alteration or amendment shall be made to these Regulation for the time being in force unless the same shall have been submitted to the minister.
In these Regulations, unless the context otherwise requires:
“Act” means the Chartered Polymer Institute of Nigeria Act No ……… year ………………
“Minister” Means the Minster of Science and Technology
These Regulation may be cited as Chartered Polymer Institute of Nigeria Regulation ………………………. the year
Chartered Polymer Institute of Nigeria
Being a member of the Chartered Polymer Institute of Nigeria hereby appoint ……………………………………………………………………………………….……………………………………………………………………………………….