Short Title and
commencement-

1. This Law mav be cited as Delta State Bursary and 2003 Scholarship Board Law 2003 and shall come into force on the.... ............ day of ................... 2002.

Interpretation

2. In this Law.

"Authority" means the Local Government Education Authority established under this Law;
"Appropriate" Authority means Delta State Commissioner for Education;
"Board" means Delta State Bursary and Scholarship Board.
"Commissioner' means Commissioner for Education.
"Educational Institution" Means Institutions of higher learning or any school of equivalent status.
"Education Office' means the office of the Ministry of Education in the Local Government Area,
"Government^ means Government of Delta State of Nigeria.
"Governor" means the Governor of Delta State.
"Higher Education'' means any lor of education provided in the Polyechnics, Colleges of Education and the Universities;
"Institution of higher learning" refers to the Polytechnics. Colleges of Education and the University
"Member" in relation to this board, includes all appointed to, or are ex-officio members and includes the Chairman thereof

"Ministry " means the Delta State Ministry of Education,
"Polytechnic"" means a post- secondary educational institute offering a variety of technical and professional courses;
"Private institute" means a school wholly owned and managed by a proprietor other than the Government Council;
" Public Institution" means a school, which is run and managed mainly out of funds provided by the State Government and/or the Local Governments;
"Public Service" means any of the public services in the Federation;

"Pupil" means child or nursery, primary or secondary school age.

"Pupil of Delta State origin" means a pupil whose father or mother, grandfather or grandmother is an indigene of Delta State;

'"Regulations" means rules made by the Boards or Committees of the Bodies contained in this Law;
"School includes a body corporate or an assembly or not less than ten persons recognized as a place where teaching and learning takes place regularly;

"School year" means such period not exceeding twelve months as the Government may from time to time declare for the purpose of education provided under this Law;
"Secretary" refers to the person who keeps records of meeting and executes the decisions of the Board;
"Senatorial District" means the North, Central and South Senatorial Districts of the Stale;
"Stale" means Delta State of Nigeria;
"Teacher means a person possessing the requite qualification recognized by the appropriate authority and whose name appears or is qualified to appear in the nominal roll of teachers;
"Teacher Training College" means a post-primary institution for the training of teachers:

"Technical College^ means a post-primary institution which provides a course or courses of training in the vocations, trades or crafis or in industrial technology, commercial subjects or office and related arts;

"Voluntary Agency" means a person, religious organization, society, company, community or other group of persons who or which is the proprietor of any institution;

Establishment

3) There is hereby established a body to be known as Delta State Bursary and Scholarship Board.

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

Composition of the Board, Appointment and Tenure of Chairman and members.

4. (1) The Board shall consist of the following:

(a) A Chairman who shall be a person with a wide experience in education, social work, administration, management, commerce or finance and who has a good sense of judgement:

(b) Nine other persons who are professionals in various fields of Arts. Science and Technology, three from each of the senatorial districts in the State.

(c) The Permanent Secretary Ministry of Education:
(d) The Permanent Secretary Ministry of Finance;
(e) The Permanent Secretary Ministry of Justice; and
(f) An Executive Secretary who shall serve as secretary to the Board.

(2) The Chairman and nine members of the Board, not being public officers, shall be appointed by the Governor to be confirmed by the Delta State House of Assembly and shall hold office on part-time basis for a period of three years from the date of their appointment and shall be eligible for reappointment for another term of three years PROVIDED that no person shall serve as a chairman or member of the Board for more than two terms.

(3) Any member, not being a public officer, may resign his office by a letter addressed to the Commissioner and the resignation shall have effect from the date of the receipt of the letter by the Commissioner.

(4) Members of the Board, not being public officers, shall be paid such remuneration and allowances as the Commissioner may with the approval of the Governor determine.

(5) The Board, in the discharge of its duties shall meet at least once in three months and shall be guided by schedule to this Law in its meetings

(6) The seal of a member of the board shall become vacant if:
(a) he dies:
(b) he is unable to discharge the functions of his office:
(c) he is convicted for a criminal offence involving fraud, dishonesty and moral turpitude,
(d) he resigns his membership by notice in writing lo the Governor;
(e) the Board is dissolved;
(f) he is absent for more than six months without the permission of the other members from meetings of the Board held during that period: or
(g) he is removed by the Governor for behaviour that is unbecoming of his office.

Bursary

5(1) A person of Delta State origin admitted to receive full- time education in an institution of higher learning in Nigeria. shall be granted a bursary which, in the opinion of the appropriate authority, is adequate to enable him to undertake his course of studies in that institution, provided that, where a student is in receipt of a salary from an employer or a scholarship award from any other source, he shall"

(a) not be entitled to a bursary under this law if the salary or the value of the scholarship award is as much as- or is greater than, that of the current government bursary award.
(b) but, if the salary or the value of the scholarship award is less, he shall be entitled to the difference between the salary or the value of the scholarship award and the current government bursary award.

(2) The value of the bursary shall be determined from time to time by the Board.

(3) The duration of a bursary award shall be determined by the course of study or discipline and shall ordinarily cover the full period of study.

Types of Scholarship.

6(1) The State Government shall grant scholarship to deserving students of Delta State origin pursuing full-time courses of instruction, in institutions within and outside Nigeria.

(2) For this purpose- scholarships may be awarded to

(a) a handicapped person admitted to any institution at any level;
(b) a child of a public officer who has suffered tragically or died in the course of performance of his public duties and unable therefore to complete the education of his children;

(c) a sportsman and woman who has excelled in his field and brought national or international honour to the State-

(d) A scholar of academic distinction
(e) A person

(3) Post-graduate scholarships in overseas institutions shall be granted only for full-time courses in Engineering, Environmental Sciences- Medicine, Technology and other courses as may be determined by the Board from time to time.

Functions of the Board.

7 The Board shall perform the following functions:
(a) advise the Governor on policy issues with respect to grant of bursary and scholarship awards,

(b) be responsible for matters relating to the selection of suitable candidates to whom bursary may be granted and scholarships awarded by the State and the awards shall be forwarded through the Commissioner to the Governor for approval,

(c) ascertain the actual numbers of students of the State origin in higher institutions in the State, Nigeria, Africa and other Countries of the World, and compile a list of those on different forms of bursaries and scholarships;

(d) ensuring that persons on Delta Stale Bursary and Scholarship Awards are bonafide indigenes of Delta State and are not enjoying multiple scholarships and for this purpose the Board shall liaise with relevant authorities.

(e) Ensure that as far as is reasonable practicable, and without prejudice to merit, qualification and stability, there is a fair and equitable distribution of bursary and scholarship awards among the competing candidates of the various local government areas of the State;

(0 Study the manpower needs of the State in the granting of scholarship and bursary awards; and;

(g) Have the power to direct, regulate and control all scholarship offers and awards and grant of bursary made or to be made to students of the State origin by government bodies and agencies other than those of the State.

(h) Monitor from time to time. the progress of all recipients of bursary or scholarship awards by;

(i) demanding and receiving annual semester results of sessional examinations from all recipients of bursaries and scholarships.

(ii) demanding and receiving directly from institution annual semester results of sectional examinations of all recipients of bursaries and scholarships.

(iii) withdraw bursary or scholarship award for:

(iv) failure in sectional examinations such that the recipient is required to be on probation, withdraw from the faculty and transfer to another thuschanging courses or discipline- or withdraw entirely from the university.

(v) suspension, rustication or expulsion from institution for acts considered as misconduct.

(vi) membership of a cult within or outside the institution

(vii) false declaration of any information or particulars in respect of any application form connected therewith

Departments.

8. The Board shall have the following departments:
(t) Department of Administration and Finance,
(ii) department of Planning Research and Statistics;

Executive Secretary and other Staff of the
Board.

9(1) There shall be appointed from the public service by the Governor, on the recommendation of the Commissioner, an Executive Secretary' of Delta State origin with requisite qualification, competence and initiative to function in an executive capacity,

(2) The Executive Secretary shall be the chief executive of the Board and shall be responsible for the execution of its policy and day to day running of the affairs of the Board:

(3) The Chief Accountant shall be the accounting officer of the Board;

(4) The Executive Secretary shall perform such other functions as the Board may assign to him from time to time.

Appointment promotion and discipline of staff.

10. The Board shall have power to appoint persons to hold or act in offices in the service of the Board, including power to make appointment or promotion and to confirm appointments and to dismiss and exercise disciplinary control over persons holding or acting in such offices.

Secondment and transfer of Government and local government council employee.

11(1) To enable the Board to take off. it may, subject to the provisions of this section employ, transfer on secondment. such officers of the public service of the State or in the service of any local government council as may be required, with the agreement of such officers, to the sen ice of theBoard in accordance with the procedure applicable in respect of transfer or secondment or such officers of the public service of the State or in the service of local government councils-

(2) Within a period of eighteen months, but not before the expiration of a period of one year from the appointed day, the Board may offer in writing to every such officer posted to its employment on such terms and conditions as the Board may deem appropriate in each case.

(3) An offer of employment made under subsection (2) of this section may be accepted within a period of six months from the date thereof, failing which the officer concerned shall be deemed to have refused the offer. Provided that Board may extend the periods within which may such offer may be accepted by an officer where it considered it just and equitable so to do. 

Annual estimates
account and audit.

12 (l) The Board shall cause to be prepared, not later than six months before the end of each financial year or such other time as the Commissioner may direct, an estimate of the expenditure and income of the Board during the next succeeding financial year and when prepared they shall be submitted through the Commissioner to the Governor for consideration and inclusion in the State Appropriation or Supplementary Appropriation Bill.

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

(3) The accounts of the Board shall be audited as soon as may be after the end of each financial year by auditors appointed by the Board from the list and in accordance with the guidelines supplied by the Auditor-General of the State and the fees of the auditors and the expenses for the audit generally shall be paid from the funds of the Board.

Annual reports

13. The Board shall not later than six months after the end of each Financial year, submit through the Commissioner to the Govenor. a report of the activities of the Board and its administration during the year immediately preceding and shall include in such report the audited accounts of the Board and the auditor's comments thereon.

Funds of the Board.

14. The funds of the Board shall consist of-
(a) annual grant from the Stale Government,
(b) returns on investments authorized by the Govemors
(c) all monies paid to the Board by way of grants. subsidies, donations, gifts or endowments, but the Board shall not be obliged to accept any grant, donations or gifts unless it approves of the terms and conditions attached to it.

The Commissioner to give directions.

15. Subject to this Law the Commissioner may with the approval of the Governor give the Board directions of a general nature or relating generally to particular matters with regard to the exercise by the Board of its functions and it shall be the duty of the Board to comply with the directions.

Regulations

(16) The Commissioner may, with the approval of the State Executive Council, make regulations for carrying into effect the provisions of this Law

Applications
Forms

17. (1) The Board shall design appropriate application forms for the grant of bursary and scholarship awards.

(2) The application forms shall be made available to applicants upon payment of an amount prescribed by the Board on the approval of the Commissioner.

Offence and penalities

18. Any person who makes any false claim in his penalties application form under this Law shall be guilty of an offence and liable upon conviction to a term of imprisonment for one year or a line of N 10,000.00.

Power of Section 4 (5)  SCHEDULE 1

Proceedings of the Board

(1) Subject to the following provisions of this schedule and section 27 of the Interpretation Act. (which provides for decisions of a statutory body to be taken by a majority of its members and for the chairman to have a casting vote) the Board may make such standing orders regulating the
proceedings of the Board or any of its committees thereof.

Chairing of meeting

(2) The Chairman shall preside at every meeting of the Board, but in his absence, the members present at the meeting shall nominate one person from amongst themselves to preside at the meeting.

Setting up of Committees

(3) Subject to its standing orders, the Board may set up such committees as it thinks (It, but the decision or any committee appointed under this paragraphy shall be of no effect until confirmed by the Board.

(4) The quorum of the Board shall be five (including the Chairman or the Executive Secretary) and the quorum of any committee of the board shall be determined by the Board.

Power of coption.

(5) When the Board desires to obtain the advice of any person on a particular matter, the Board 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 subsection shall not be entitled to vote at any meeting of the Board and shall not be counted for the purpose of a quorum.

Common Seal.

(6) The affixing of the common seal of the Board shall be authenticated by the signature of the Chairman (or some other person authori/ed by the Board to act in that behalf) and the signature of the Executive Secretary.

(7) 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 executed on behalf of the Board by the Executive Secretary or by any person generalIy or specially authorized to act for that purpose by the Board.

(8) Any document purporting to be duly executed under seal or on behalf of the Board shall be received in evidence and presumed to be so executed unless the contrary is proved.

(9) The validity of any proceedings of the Board shall not be affected -

(a) by any vacancy in its membership: or (b) by any defect in the appointment of a member; or (c) by reason that a person not entitled to do so took part in the proceedings.

(10) Service upon the board of any notice, order or other document may be affected by delivering it or sending it by registered post addressed to the Executive Secretary.