PART 1—ESTABLISHMENT-AND FUNCTIONS OF STATE PRIMARY EDUCATION BOARD

3. (1) There is hereby established for the State, the Delta State Primary Education Board (in this law referred to as "the Board") which shall be a body corporate with perpetual succession and a common seal, charged with the following functions: (a) prescribing the minimum standards of primary education in Delta State; (b) inquiring into and advising the Government on the funding of primary education in the State, (c) producing master plans for a balanced and co-ordinated development of primary education in the State and such plans shall include proposals to the Government for: (i) adequate primary education opportunity in Delta State. (ii) the basic State curriculum and syllabus and other necessary instruction materials (hat are in use in primary schools in the State; (d) collating, analyzing and publishing information relating to primary education in the State; (e) carrying out regular personnel audit in each Local Government Area of the State; (f) managing primary schools in the State; (g) recruiting, appointing, promoting and disciplining teaching, and non- teaching staff on grade level 07 and above; (h) posting and development of staff including inter-local government transfer; (i) disbursement of funds provided to it from both the Government and other sources; (j) setting up an effective functional supervisory unit; k) retirement and re-absorption of teachers; (l) undertaking new capital projects; (m) responsibility for the approval, training and retraining of teaching and non-teaching staff; (n) undertaking new capital projects relating to primary education; (o) assessment and funding of salaries and allowances of the non- teaching staff based on the scheme of service of the government; (p) ensuring that annual reports are rendered by heads of schools on teachers appointed to serve under them; (q) preparing testimonials and certificates of service for teaching and non-teaching staff whenever necessary; (r) dealing with leave matters including annual vacations; (s) ensuring annual auditing of accounts; and (t) performing such other functions as may be assigned to the Board by the Commissioner. (2) The Board shall establish and maintain an account into which shall be paid and credited all payments made to it from the State Government or any other source. (3) There shall be disbursed from the fund all expenses relating to the management of primary education in the State.

Establishment an functions of the Board

4. (1) The membership of the Board shall be: Membership (a) A full time Chairman who shall be the chief executive and of the Board accounting officer of the Board, and must be an experienced educationist; (b) two other full-time members; (c) a representative of the Ministry of Education; (d) A representative of the Ministry of Finance; (e) Five representatives of the local government councils on biennial free rotational basis; and (f) One representative each of: (i) the Parents/Teachers Association in the State; (ii) the State wing of the Nigeria Union of Teachers; and (g) the Secretary to the Board who shall be an experienced educationist. (2) The Chairman, members who are not ex-officio and secretary of the Board shall be appointed by the Governor on the recommendation of the Commissioner. (3) The chairman and members of the Board other than ex-officio members shall hold office for 3 years beginning from the date contained in their instruments of appointment and may be eligible for re- appointment for a further term of three years and no more. (4) The Chairman and other members of the Board may, at any time, be removed by the Governor in his sole discretion. . (5) The proceedings of meetings of the Board shall be governed by Schedule 1 of this Law.

Membership of the board

PART 2—APPOINTMENT OF STAFF OF THE BOARD

5.(l)The Board may with the approval of the Commissioner appoint persons to be officers and servants of the Commission to carry out its, functions and duties. (2), The remuneration and tenure of the officers and servants of the Board shall be fixed; by the Board in line with conditions and terms of service in the State.

PART 3—FINANCES OF THE BOARD

6.(l)lt shall be the obligation of the Government to fund primary education in conjunction with the Local Government Councils in the State. (2) The funding formula indicating the financial responsibility of the Government and Local Government Councils shall be worked, out by the Board for the approval of the Governor for inclusion of same in the Annual or Supplementary Budget of the State. (3) The funding formula may be reviewed by the Governor periodically in line with the changes in the State primary education policy.

PART 4—ESTABLISHMENT AND FUNCTIONS OF LOCAL GOVERNMENT PRIMARY EDUCATION AUTHORITY

7. (1) There is hereby established, for each Local Government Area of the State, a Local Government Primary Education Authority (hereafter referred to as the "Authority) that shall be subject to the control of the Board. (2) The Authority shall comprise; (a) a part-time Chairman who shall be a seasoned educationist appointed by the Chairman of the Local Government; (b) one representative of the Ministry of Education; (c) one representative of the Nigeria Union of Teachers in the Local Government Area; (d) one representative of women groups in the Local Government Area; (e) not more than two representatives of religious organizations in the Local Government Area; (f) one representative of Parents/Teachers' Associations in the Local Government Area; (g) one traditional ruler; (h) two eminent persons, who are normally domiciled in the local government area and who shall represent special interests and shall be appointed by the Chairman of the Local Government. (3) There shall be a Secretary who shall hold office in the first instance for a period of four years and may be eligible for a further period of four years. The Secretary shall be appointed from outside the public service, by the Chairman of the Local Government Area. (4) The chairman and members of the Authority who are not public officers shall be appointed by the Chairman of the Local Government on the recommendation of the bodies they represent.

Establishment and Membership of the local Government Education Authority

8. (1) The functions of the Local Government Education Authority, shall be carried out subject to the control of the Education Board. (2) The functions of the Authority shall include: (a) the day-to-day administration of the primary schools in its area of jurisdictions, (b) the appointment, posting, transfer, promotion and discipline of staff on Grade Levels 01-06 in its area of jurisdiction; (c) making recommendation to the Education Board on promotion and discipline of teaching and non-teaching staff on grade levels 07 and above in its area of jurisdiction; (d) submission of annual estimates, annual accounts and monthly returns to the Board; (e) payment of salaries, allowances and benefits to all the teaching and non-teaching staff in, its area of jurisdiction; (f) acquisition and distribution of materials and equipment to all primary school s in its area of jurisdiction; (g) undertaking general maintenance of primary school buildings and infrastructure in its area of jurisdiction; (h) stimulating, promoting and encouraging communal participation in the running of primary schools in its area of jurisdiction; (i) taking all reasonable steps to ensure full enrolment and attendance in all primary schools in its area of jurisdiction; (j) providing regular feedback to the Board on people's response to the State Government's policy on primary education; (k) ensuring that annual reports are rendered to the Board on all activities of the Authority during the preceding year, especially on teaching and non-teaching staff in its area of jurisdiction; and (I) performing such other functions as may be delegated to it by the Board. (3) Each Local Government Education Authority shall establish and maintain a separate account into which shall be paid and credited such funds and payments as it may receive from the Board, the Local Government and from other sources.

Functions of the local Government Education Authority

PART 5—FUNDING OF THE BOARD AND AUTHORITIES

9.(l) The Board shall submit its annual budget recurrent and capital estimates to the Commissioner for vetting and inclusion in the Ministry's annual budget proposals. (2) The Board shall diligently implement its budget as contained in the Appropriation Law of the State or Supplementary Appropriation Law. (3) An Authority established under this Law shall submit its annual budget recurrent and capital estimates to the Board for vetting and inclusion in the Board's annual budget proposals to the Commissioner. (4) An Authority shall diligently implement its budget as contained in the Appropriation Law of the State or Supplementary Appropriation Law.

Annual Budget Recurrent and capital Estimates

PART 6—MISCELLANEOUS

10. (1) It is hereby declared that service in the Board shall be approved service for the purposes of the Pensions Act as adopted by the Pensions Law Cap. 115, Laws of Bendel State as applicable to Delta State and, accordingly, officers and other persons employed in the Board shall be entitled to pensions, gratuities and other retirement benefits as are prescribed there under, so however that nothing in this Law shall prevent the appointment of a person to any office on such terms which preclude the grant of a pension, gratuity or other retirement benefit in respect of that office. (2) For the purposes of the application of the provisions of the Pensions Act, any power exercisable thereunder by any authority of the government of the State other than the power to make regulations under section 23 thereof, is hereby vested in and shall be exercisable by the Board.

Pensions

11.(1) The Board shall open an Account from which it shall defray all its expenditure. (2) There shall be paid and credited into the Account such payments as may be made to it by the State and Local Government Councils for the running expenses of the Board and all other monies accruing from time to time to the Board otherwise than in issuance of section 6 of this Law. (3) The signatories to the Account shall be the executive Chairman and Director of Finance and Supply.

Maintance of seperate Fund by the Board

12. (1) The Board may, from time to time disburse its funds to: (a) the Authorities in connection with their functions; (b) meeting the cost of administration of the Board; (c) reimbursing members of the Board or of any committee set up by the Board for such expenses as may be expressly authorized by the Board in accordance with the rates approved by the Executive Council; (d) the payment of th's salaries, fees, allowances and pensions, allowances and gratuities or other remuneration payable to the officers and servants of the Board, so however that no payment of any kind under tills paragraph (except such as may be expressly authorized as aforesaid) shall be made to any person who is in receipt of enrolments from the Government of the State. (e) the maintenance of any property vested in the Board; and (f) footing expenses of performing all or any of its functions under this Law.

Expenditure of the Commission

13. (1) The Board shall keep proper records of accounts in respect of its financial year and shall cause its accounts to be audited within six months after the end of each year by auditors appointed from the list and in accordance with the guidelines submitted by Auditor-General of the State.

Annual estimates and Accounts

14. The Board shall prepare and submit to the Executive Council through the Commissioner not later than 30th June in each year, a report in such form as he may direct on the activities of the Board during and immediately preceding year, and shall include in such report a copy of the audited accounts of the Board for that year and the Auditor-General's report thereon.

Annual Reports

15. (1) For the purpose of carrying out the functions conferred on the Board under this Law, the Chairman or any other officer of the Board authorized in that behalf- Powers to obtain information (a) shall 'have right of access to all the records of any authority or primary education institution to which this Law applies for the specific purpose of discharging its functions under this Law. (b) may, by, notice in writing served on any person in charge of such authority or institution, require that person, authority or institution to furnish the information on such matters as may be specified in the notice. (2) It shall be the duty of any person or authority required to furnish information pursuant to subsection (1) of this section to comply with the notice within a reasonable period of time.

Powers to obtain information

16. All contracts in respect of projects to be executed by the Board in the performance of its functions shall pass through the usual procedures for the award of government contracts and the State's Tenders Board.

Procedure for Award of contracts.

SCHEDULE I PROCEEDINGS OF THE BOARD