FEDERAL COLLEGE OF DENTAL TECHNOLOGY AND THERAPY (ESTABLISHMENT) ACT

(1) There is established the Federal College of Dental Technology and Therapy (in this Act referred to as "the College") which shall have the functions and powers conferred on it by this Act.
(2) The College-
(a) shall be a body corporate with perpetual succession and a common seal; and
(b) may sue and be sued in its corporate name.

(1) There is established for the College the Governing Council (in this Act referred to as "the Council")
(2) The Council shall consist of-
(a) a chairman, who shall be appointed by the President on the recommendation of the Minister;
(b) a representative each of the Federal Ministry of-
(i) Health, and
(ii) Education.
(c) a representative each of the-
(i) Dental Technologists Registration Board of Nigeria; and
(ii) Dental Therapists Registration Board of Nigeria.
(d) two persons, at least one of whom shall be a woman, selected on their personal merit based on their contribution either-
(i) to the development of dental technology and therapy; or
(ii) for their special interest in technological education.
(e) the Rector of the College; and
(f) a representative of the Academic Board of the College.
(3) The supplementary provisions set out in the Schedule to this Act shall have effect with respect to the proceedings of the Council and other matters contained in the Schedule.
(Schedule)

(1) A member of the Council (other than an ex-officio member) shall hold office for a term of three years and subject to subsection (2) of this section, maybe eligible for re-appointment for a further term of three years and no more.
(2) A member of Council (other than an ex officio member) may, by notice addressed to the Council, resign his appointment.
(3) The Minister may, in writing and with the approval of the President, remove any member of the Council if he is satisfied that it is not in the interest of the College that the member concerned should continue in that office.
(4) Members of the Council (other than ex-officio members) shall be paid such remuneration and allowances as may be determined by the President.

The College shall-(a) provide courses of instruction, training and research in-
(i) dental technology,
(ii) dental therapy, and
(iii) such other fields of applied learning relevant to the needs of the development of Nigeria in the areas of dental technology and therapy and other para-dental courses, and for research in the development and adaptation of techniques as the Council may determine leading to award of relevant degrees and certificates.
(b) produce technical, professional and such other skilled personnel normally required for dental technology and therapy;
(c) arrange conferences, seminars and study groups relevant to the fields of learning specified in paragraph (a) of this section; and
(d) perform such other functions as, in the opinion of the Council, may serve to promote the objectives of the College.

(1) Subject to the provisions of this Act, the Council shall be the governing body of the College and shall control the management of the affairs, property and finances of the College and shall promote the interest of the College.
(2) The Council may acquire and hold such movable or immovable property as may be necessary or expedient for carrying into effect the provisions of this Act and may, for the same purpose sell, lease, mortgage or otherwise alienate or dispose of any property so acquired.
(3) The Council may enter into such contracts as may be necessary or expedient for carrying into effect the provisions of this Act.

The College shall have powers to-(a) award degrees, diplomas and certificates for courses provided by it under section 4 of this Act;
(b) invest its funds in such manner and to such extent as it may think necessary or expedient;
(c) establish and maintain a library, comprising such books, journals, records, reports and other publications and information systems as may be required for the discharge of the functions conferred on the College by this Act;
(d) accept gifts of land, money or other property upon such terms and conditions, if any, as may be specified by the person or organisation making the gift, but shall not accept any gift if the terms and conditions attached to the gift are inconsistent with the functions of the College under the Act; and
(e) establish and maintain such colleges and other teaching units within the College or extramural departments as the Council may decide.

The Minister may give the Council directives of a general character or relating generally to matters of policy with regard to the performance of functions by the Council under this Act and the Council shall comply with such directives.

(1) There shall be a Rector for the College (in this Act referred to as "the Rector") who shall be appointed by the President in accordance with the provisions of this section.
(2) The Rector shall be the head of the College.

A person to be appointed Rector shall possess-(a) a Ph.D. in dental technology or dental therapy with evidence of publications in the relevant fields;
(b) appropriate professional qualifications in dental technology or dental therapy and be registered with the Dental Technologists or Dental Therapists Board of Nigeria;
(c) at least 15 years’ cognate experience in the field of dental technology or dental therapy; and
(d) evidence of community service or hospital administration experience.

The Rector shall be responsible for the-(a) day-to-day affairs of the College;
(b) exercise of authority over the staff of the College; and
(c) discipline of the students in the College.

The Rector shall hold office for a term of four years and may be re-appointed for a further term of four years and no more.

The Rector shall hold office on such terms and conditions as may be determined by the Minister as set out in his letter of appointment.

Where the post of the Rector is vacant-(a) the Council shall advertise the vacancy in a reputable journal and three widely circulated newspapers in Nigeria specifying-
(i) the qualities of a person who may apply for the position; and
(ii) the terms and conditions of service applicable to the post, and thereafter, draw up a short list of suitable candidates for consideration.
(b) a joint committee of the Council and the Academic Board consisting of-
(i) the Chairman of the Council; and
(ii) two members of the Council not being members of the Academic Board not below the rank of Chief Lecturer shall consider the candidates on the short list drawn up under subparagraph (a) (ii) of this section through an examination of their curriculum vitae and interaction with them and recommend to the Council, qualified candidates for its consideration.

(1) There shall be a Registrar for the College to-
(a) be responsible to the Rector for the day-to-day administration of the College; and
(b) discharge such other duties as the Council or Rector may require him to do.
(2) The Registrar shall-
(a) be the Secretary to the Council, the Academic Board and any committee of the Council; and
(b) attend al! the meetings of the bodies mentioned in paragraph {a} of this subsection unless excused for good cause or reason by the Chairman of the Council.
(3) Where the Registrar is absent for a meeting of the Council, the Chairman of the Council may, after consultation with the Rector, appoint a suitable person to act as Secretary for any particular meeting of the Council.
(4) The Secretary to the Council or a person appointed to set under subsection (3) of this section shall not be entitled to vote on any question before the Council or counted towards a quorum unless such a person is so entitled as a member of the Council.

(1) A Registrar-
(a) shall hold office for a term of five years, effective from the date of his appointment and on such terms and conditions as may be specified in his letter of appointment; and
(b) may be re-appointed for another term of five years and no more.
(2) Where on the commencement of this Act, a Registrar has held office for-
(a) five years or less, he is deemed to be serving his first term of office and may be re-appointed for a further term of five years;
(b) more than five years but less than 10 years, he shall complete the maximum period of 10 years and thereafter relinquish his position and be assigned other duties in the College; and
(c) 10 years or more, the Council may allow him to serve as Registrar for a further period of one year only and thereafter he shall relinquish his post and be assigned other duties in the College.

(1) There shall be for the College a Deputy Rector.
(2) The Council shall appoint the Deputy Rector from among the Chief Lecturers in the College in one of the following ways-
(a) from a list of three candidates, in order of preference, submitted by the Rector; or
(b) on the recommendation of the Selection Board constituted for the College.
(3) The Selection Board referred to in subsection (2) shall-
(a) consist of-
(i) the Chairman of the Council;
(ii) the Rector;
(iii) two members of the Council not being members of the Academic Board; and
(iv) two members of the Academic Board; and
(b) make such inquiries as it deems fit before making the recommendation required under subsection (2) (b).
(4) The Deputy Rector shall-
(a) assist the Rector in the performance of his functions;
(b) perform the functions of the Rector when the post of Rector is vacant or if the Rector is for any reason absent or unable to perform his functions as Rector; and
(c) perform such other functions as the Rector may assign to him.
(5) The Deputy Rector-
(a) shall hold office for a term of two years and on such terms and conditions as may be specified in his letter of appointment; and
(b) may be re-appointed for another term of two years and no more.

(1) There shall be for the College the following other principal officers in addition to the Registrar, the-
(a) Bursar; and
(b) Librarian, who shall be appointed by the Council on the recommendation of the Selection Board constituted under section 16 (3) of this Act.
(2) The Bursar shall be-
(a) the chief financial officer of the College; and
(b) responsible to the Rector for the day-to-day administration and control of the financial affairs of the College.
(3) The Librarian shall be responsible to the Rector for the administration of the College Library and the co-ordination of the library services in the teaching units of the College.
(4) The Bursar or Librarian-
(a) shall hold office for a. term of four years in the first instance and on such terms and conditions as may be specified in his letter of appointment; and
(b) may be re-appointed for another term of four years and no more.
(5) Where, on the commencement of this Act, a Bursar or Librarian has held office for-
(a) four years or less, he is deemed to be serving his first term of office and may be re-appointed for a further term of four years;
(b) more than four years but less than eight years, he shall complete the maximum term of eight years and thereafter relinquish his post and be assigned other duties in the College; and
(c) eight years or more, he shall relinquish his post and be assigned to other duties in the College.

A principal officer may resign his appointment in-(a) the case of the Rector, by notice to the President; and
(b) any other case, by notice to the Council.

(1) The Council may appoint such other persons as staff of the College as the Council may deem fit to assist the Rector and the Principal Officers of the College in the performance of their functions under this Act.
(2) The power to appoint all other staff of the College apart from the Rector and the Principal Officers shall be exercised in the case of a-
(a) senior staff, by the Council on the recommendation of the Senior Staff Appointments and Promotions Committee set up under the provisions of paragraph 2 (2) (a) of the Schedule to this Act; and
(b) junior staff, by the Rector on the recommendation of the Junior Staff Appointments and Promotions Committee set up under paragraph 2 (2) (b) of the Schedule to this Act.
(3) The remuneration and tenure of office of staff of the College shall be determined by the Council with the approval of the Minister.

(1) The Council may, subject to the provisions of this Act, make staff regulations relating generally to the conditions of service of the staff of the College and without prejudice to the generality of the foregoing, such regulations may provide for-
(a) the appointment, promotion and discipline of employees of the College; and
(b) appeals by such staff against dismissal or other disciplinary measures, and until they are such regulations are made, any instrument relating to the conditions of service of public officers in the university system shall be applicable, with such modifications as may be necessary, to the staff of the College.
(2) The staff regulations made under subsection (1) of this section shall not have effect until they are approved by the Minister and, when so approved, the regulations need not be published in the Federal Government Gazette but the Council shall cause them to be brought to the notice of all affected persons in such manner as it may determine.

(1) There is established for the College the Academic Board which shall consist of-
(a) the Rector of the College, as the Chairman;
(b) the Deputy Rector of the College;
(c) all Heads of Departments;
(d) the Librarian; and
(e) not more than two members of the academic staff other than Heads of Departments who may be appointed by the Academic Board.
(2) The Academic Board shall be responsible for-
(a) the direction and management of academic matters of the College including the regulation of admission of students, the award of certificates and diplomas, scholarships, prizes and other academic distinctions;
(b) presenting to the Council of such periodic reports on such academic matters as the Academic Board may deem fit or as the Council may direct; and
(c) the performance of any other functions which the Council may delegate to it.

Where it appears to the Council that the Rector should be removed from office on the ground of misconduct or inability to perform the functions of his office, the Council shall, make a recommendation to that effect to the President and if the President, after making such inquiries as he considers necessary, approves the recommendation, the President shall in writing, declare the office of the Rector vacant.

(1) Where it appears to the Council that there are reasons for believing that any person employed as a member of the academic, administrative or technical staff of the College, other than the Rector, should be removed from office on the ground of misconduct or inability to perform the functions of his office, the Council shall-
(a) give notice of those reasons to the person in question; and
(b) afford him an opportunity of making representations in person on the matter to the Council within a specific period of time.
(2) If the person in question is an administrative staff, he may request in writing that a committee of the Council be constituted to conduct a Joint Investigation of the reasons for the removal with the Administrative Board of the College, and the Joint Investigation Committee shall submit its report to the Council within one month of constituting the joint investigation committee and the decision of the Council on the matter shall be final.
(3) If the person in question is an academic staff, he may request in writing that a committee of the Council be constituted to conduct a joint investigation of the reasons for the removal with the Academic Board of the College, and the Joint Investigation Committee shall submit its report to the Council within one month of constituting the joint investigation committee and the decision of the Council on the matter shall be final; and
(4) If the person in question is a technical staff, he may request in writing that a committee of the Council be constituted to conduct a joint investigation of the reasons for the removal with the Technical Board of the College, and the Joint Investigation Committee shall submit its report to the Council within one month of constituting the joint investigation committee and the decision of the Council on the matter shall be final.
(5) Three members of the Council may request that a committee of the Council be constituted to conduct a joint investigation of the reasons for the removal with the Administrative Board, Academic Board or Technical Board of the College depending on category of the person sought to be removed, notwithstanding that the person sought to be removed did not make such request, and the Joint Investigation Committee shall submit its report to the Council within one month of constituting the Joint Investigation Committee and the decision of the Council on the matter shall be final.
(6) The Rector may, in the case of misconduct by a member of the staff which, in the opinion of the Rector, is prejudicial to the interests of the College, suspend such member and any such suspension shall be reported to the Council.
(7) A member of staff may be suspended from office for good cause or his appointment may be terminated by the Council and, for the purpose of this subsection, 'good cause’ means-
(a) any physical or mental incapacity which the Council, after obtaining advice from a panel of two medical experts constituted by the Council, considers to be such as to render the person concerned unfit for the performance of the functions of his office;
(b) any physical or mental incapacity which the Council, after obtaining medical advice from a panel of two medical experts constituted by the Council, considers to be such as to render the person concerned unfit to continue to hold his office;
(c) conduct of a scandalous or disgraceful nature which the Council considers to be such as to render the person concerned unfit to continue to hold his office; or
(d) conduct which the Council considers to be such as to constitute failure or inability of the person concerned to discharge the functions of his office or to comply with the terms and conditions of service.
(8) Any person suspended pursuant to subsection (5) or (6) of this section, shall be placed on half pay and the Council shall, before the expiration of the three months after the date of such suspension consider the case against that person and come to a decision as whether to-
(a) continue such person's suspension and if so on what terms (including the proportion of the emoluments to be paid to him);
(b) reinstate such person, in which case the Council shall restore his full emoluments to him with effect from the date of suspension;
(c) terminate the appointment of the person in question, in which case such a person, shall not be entitled to the proportion of his emoluments withheld during the period of suspension; or
(d) take such lesser disciplinary action against such person (including the restoration of such proportion of his emoluments that might have been withheld) as the Council may determine, and in any case where the Council, pursuant to this section, decides to continue a person’s suspension or decides to take further disciplinary action against a person, the Council shall, before the expiration of a period of three months from such decision, come to a final determination in respect of the case concerning any such person.
(9) The person by whom an instrument of removal is signed under subsection (1) shall use his best endeavours to cause a copy of the instrument to be served as soon as reasonably practicable on the person to whom it relates.
(10) Nothing in this section shall prevent the Council from making such regulations for the discipline of other categories of staff and workers of the College as it may deem fit.

(1) The Council may make rules providing for the Rector to enquire into alleged acts of misconduct and indiscipline among students.
(2) The rules shall provide for the procedure and rules of evidence to be followed at enquiries under this section.
(3) Subject to the provisions of this section, where it appears to the Rector that any student of the College committed a misconduct, the Rector may, without prejudice to any other disciplinary powers conferred on him by this Act or regulations made under it, direct that the-
(a) student shall not, during such period as may be specified in the direction, participate in such activities of the College, or make use of such facilities of the College, as he may specify;
(b) activities of the student shall, during such period as may be specified in the directions, be restricted in such manner as may be so specified;
(c) student be suspended for such period as may be specified in the directions; or
(d) student be expelled from the College.
(4) Where the post of the Rector is vacant or where the Rector refuses to apply any disciplinary measure, the Council may, either directly or through some other staff, apply such disciplinary actions as are specified in subsection (1) of this section to any student of the College who is considered guilty of misconduct.
(5) Where a direction is given under subsection (3) (c) or (d) in respect of any student, the student may, within 21 days from the date of the letter communicating the decision to him, appeal on the direction to the Council and, where such an appeal is brought, the Council shall, after causing such inquiry to be made in the matter as the Council considers just either confirm or set aside the direction or modify it in such manner as the Council may deem fit.
(6) The fact that an appeal on a direction is pending under subsection (5) shall not affect the operation of the direction while the appeal is pending.
(7) The Rector may delegate his powers under this section to a disciplinary committee consisting of such members of the College as he may nominate.
(8) Nothing in this section shall be construed as terminating a student’s activity at the College except on the ground of misconduct.
(9) The direction under subsection (3) (a) of this section may be combined with a direction under subsection (3) (b) of this section.
(10) In all cases under this section, the decision of the Council shall be final.

(1) The Council shall keep proper records and accounts of its activities and shall cause to be prepared, not later than 1st October in each, financial year, an estimate of its revenue and expenditure for the next financial year and when prepared, the estimates shall be submitted to the Minister for approval.
(2) At the end of each financial year but not later than 30th June, the Council shall cause to be prepared a statement of its income and expenditure during the previous financial year.
(3) The statement referred to in subsection (2) shall, when certified by the Rector, be audited by a firm of auditors appointed by the Council from a list of four firms in accordance with the guidelines supplied by the Auditor-General for the Federation and shall be published in the annual report of the College.

(1) The College shall establish and maintain a Fund from which shall be defrayed all expenditure incurred by the College in the performance of its functions under this Act.
(2) The Fund of the College shall consist of-
(a) such sums as may be granted to the College by the Federal Government of Nigeria;
(b) fees charged and payable to the College by the students;
(c) any other amount charged or dues recoverable by the College;
(d) revenue accruing to the College by way of subvention, grants-in-aid, endowment or otherwise;
(e) interest on investments; and
(f) donations and legacies accruing to the College from any source for the general or special purpose of the College.

(1) Donations of money to be applied to any particular purpose shall be placed to the credit of a special reserve account approved by the Council until such time as they may be expended in fulfilment of such purpose.
(2) The Council is not obliged to accept a donation for a particular purpose unless it approves of the terms and conditions attached to such donation.

All sums of money received on account of the College shall be paid into such bank as may be approved for the credit of the College’s general, current or deposit account.

The Council shall, on or before list December in each year, prepare and submit to the President, through the Minister, a report of its activities during the preceding financial year and shall include in the report, the audited accounts of the College in respect of that financial year and the auditor’s comments on the account.

(1) The Council may make bye-laws relating to any matter within its competence under this Act other than matters for which provision is to be made by standing orders pursuant to paragraph (6) of the Schedule to this Act.
(Schedule)
(2) All bye-laws shall be in writing and shall come into force when sealed with the seal of the Council unless some other date for their commencement is prescribed in it.
(3) Nothing in subsection (2) makes it obligatory for the Council to publish any of the bye-laws in the Federal Government Gazette but the Council shall bring such bye-laws to the notice of all affected persons.

(1) A person shall not, on ground of race, place of birth, sex, family background, religious or political interest, be denied-
(a) admission into the College;
(b) appointment at the College;
(c) membership of anybody established under this Act; or
(d) be given preferential advantage or be subjected to any other form of discrimination.
(2) Notwithstanding the provision of subsection (1), the College shall not be prevented from imposing any restriction on any person where a person willfully refuses, on grounds of the circumstances stated in subsection (1), to undertake any duty which may be imposed on national interest or any other justifiable reason.

(1) Under this Act, all property (movable and immoveable) held by or on behalf of the College shall, as from the commencement of this Act, vest in the College.
(2) From the commencement of this Act-
(a) all rights, interests, obligations and liabilities of the College existing immediately before the commencement of this Act under any contract or instrument, oral law or in equity shall, by virtue of this Act, be assigned to and vested in the College;
(b) the contract or instrument mentioned in paragraph (a) shall be of the same force and effect against or in favour of the College and shall be enforced fully and effectively as if the College had been named therein or had been a party thereto; and
(c) the College shall be subject to all the obligations and liabilities to which the College was subject to immediately before the commencement of this Act and all other persons shall have the same rights, powers and remedies against the College as they had against the College immediately before the commencement of this Act.
(3) Where, before the commencement of this Act, a person was a member or staff of the former College, that person shall, by virtue of this Act, confirmed to be a member or a staff of the College.
(4) Any proceeding or cause of action pending or existing before the commencement of this Act by or against the College may be commenced, continued or enforced by or against the College as it might have been against the College if this Act had not been made.

ln this Act-
"Academic Board" means the Academic Board established under section 21(1) of this Act;
"Senior Staff Appointments and Promotions Committee’' means a body by that name established under paragraph 2(2)(a) of the Schedule to this Act;
"Junior Staff Appointments and Promotions Committee” means a body by that name set up under paragraph 2(2)(b) of the Schedule to this Act;
"Minister” means the Minister charged with responsibility for matters relating to health; and
"Registrar” means the Registrar of the College appointed under section 14(1) of this Act.

This Act may be cited as the Federal College of Dental Technology and Therapy (Establishment) Act, 2017.