Such reasonable traveling and subsistence allowances of members of the
Council in respect of the time spent on the business of the Institute as the
Council may determine; and
(c)
Any other expenses incurred by the Council in the discharge of its
functions under this Constitution.
(iv)
The Council my invest its funds in any security created or issued by or
on behalf of the government of the federation or in any other securities in
Nigeria approved by the Council.
(v)
The Council may, from time to time, borrow money for the purposes of the
Institute and any interest payable on moneys so borrowed shall be paid out of
the fund.
Back to Top
13- The Council shall keep proper accounts on behalf of the Institute in
respect of each year and proper records in relation to those accounts and the
Council shall cause the accounts to be audited, within six months after the end
of the year to which the accounts relate by auditors appointed by the Institute
and in accordance with the guidelines supplied by the Auditor-General of the
Federation; and the accounts shall be submitted to the members of the Institute
for approval by them at the annual general meeting of the Institute.
Back to Top
PART 111
THE DIRECTOR AND THE REGISTRAR
14- (i) The Council shall appoint a fit and proper person to be the
Director/Registrar for the purpose of this Constitution.
(ii)
The Director shall, in addition to his other functions under this
Constitution, be the secretary to the Council and shall on the instructions of
the President of the Institute or any Committee of the Council convene and keep
minutes of the proceedings at all meetings of the Council and Committees thereof
as the case may be.
(iii)
The Council may appoint such other persons to be employees of the
Institute as the Council may determine to assist the Director in the exercise of
his functions under this Constitution.
(iv)
It shall be the duty of the Director to prepare and maintain in
accordance with rules made by the Council, a register of the names, addresses
approved qualifications and of such other qualifications and particulars as may
be specified in the rules, of all persons who are entitled in accordance with
the provisions of this Constitution to be enrolled as Fellows, Associates and
other members who in the manner prescribed by such rules apply to be so
registered.
(v)
The register shall consist of three parts of which
(a)
the first part shall be in respect of Fellows
(b)
the second part shall be in respect of Associates and
(c)
the third part shall be in respect of others.
(vi)
Subject to the following provisions of this section; the Council shall
make rules with
respect to the form and the keeping of the registers and the making of entries
therein and in particular.
(a)
case may be and providing for the evidence to be produced in support of
applications.
(b)
Providing for the notification to the Director, by the person to whom any
registered particulars relate of any change in those particulars.
(c) authorising an enrolled or a registered person to have any qualification
which is in relation to the relevant division of the profession, either an
approved qualification for the purposes of this Constitution, registered in
relation to his name in addition to or as he may elect, in substitution for any
other qualification so registered.
(d) specifying the fees, including any annual subscription to be paid to the
Institute in respect of the entry of names on the register, and authorising the
director to refuse to enter a name on the register until any fee specified for
the entry has been paid.
(e) specifying anything falling to be specified under the foregoing provision
of this section.
(vii) Rules made for the purpose of paragraph (d) of subsection (6) of this
section shall not come into force until approved at the next annual general
meeting of the Institute.
(viii) It shall be the duty of the Director.
(a) to correct in accordance with the Council’s directions any entry in the
register which the Council directs him to correct as being the Council’s opinion
an entry which was incorrectly made.
(b) to make, form time to time, any necessary alterations to the registered
particulars of registered persons;
(c) to remove from the register, the name of any enrolled or registered
persons who had died.
(d) to record the name of any member of the Institute who is in default for
more than six months in the payment of his annual subscription and to take such
action in relation thereto (including removal of the names of a defaulter from
the register) as the Council under this Constitution may direct or requre.
(viv) If the Director
(a) sends by post to any registered or enrolled persons, a registered letter
addressed to that person at his address on the register inquiring whether the
registered or enrolled particulars relating to him are correct and receives no
reply to the letter within the period of three 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 month from the date of posting it, the Director may remove the
particulars relating to the person in question from the register provided that
the Council may direct the director to restore to the appropriate part of the
register any particulars removed there from under this subsection.
Back to Top
15- (i) It shall be the duty of the director,
(a)
to cause the register to be printed, published and put on sale to the
members of the public not later than two years from the commencement of this
Constitution;
(b)
thereafter in each year, to cause to be printed, published and put on
sale to the members of the public as aforesaid, either a corrected edition of
the register or a list of corrections made to the register since it was last
printed.
(c)
to cause a print of each edition of the register and of each list of
corrections to be deposited at the principal offices of the Institute; and
(d)
to keep the register and the lists so deposited to be made available to
members of the public at all reasonable times for inspection.
(ii)
A document purporting to be a print of an edition of the register
published under this section by authority of the Director, or documents
purporting to be prints of an edition of the register so published and of a list
of corrections to that edition so published, shall (without prejudice to any
other mode of proof) be admissible in any proceedings as evidence that any
persons specified in the document or the documents read together, as being
registered, was so registered at the date of the addition or of the list of
corrections as the case may be, and that any persons not so specified was not,
so enrolled or registered.
(iii)
Where in accordance with subsection (2) of this section, a person is, in
any proceedings, shown to have or not to have been registered or enrolled at
particular date, he shall, unless the contrary is proved to be taken for the
purposes of those proceedings as having at all material times thereafter
continued not to be so enrolled or registered.
Back to Top
PART IV
16- (i) Persons shall be entitled to be registered as a Loss Adjuster or certified Loss
Adjuster if he has been certified by the Chartered Insurance Institute, if:
(a)
he is of good character and high integrity;
(b)
he had attained the age of twenty-one years; and
(c)
he has not been convicted in Nigeria or any other country of an office
involving fraud, dishonesty or gross misconduct.
(ii)
The Council may, in its absolute discretion, provisionally accept a
qualification produced in respect of an application for registration under this
section or direct that the application be renewed within such period as may be
specified in the direction.
(iii)
Any entry directed to be made in the register under subsection (2) of
this section shall show that 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.
(iv)
The Council shall from time to time publish its office particulars of the
qualification for the time being accepted for registration.
Back to Top
17- (i) The Council may approve any qualification for the purposes of this Constitution
and may for the purposes approve.
(a)
any course of training at any approved institute which is intended for
persons seeking to become or are already Loss Adjusters and which the Council
considers is designed to confer on persons completing it, sufficient knowledge
and skill for the practice of the profession.
(b)
any qualification which, as a result of, an 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 candidates have sufficient knowledge and
skill to practice as Loss Adjusters.
(ii)
The Council may, if it thinks fit, withdraw an approval given under this
section in respect
of any course, qualification of institution; but before withdrawing such an
approval the Council shall
(a)
give notice that it proposes to do so to each person in Nigeria appearing
to the Council to be a person by whom the course is conducted or the
qualification is granted or the institution is controlled, as the case may be;
(b)
afford such person an opportunity to make to the Council representations
with regard to the proposal; and
(c)
take into consideration any representation made in respect of the
proposal in pursuance of paragraph (6) of this subsection
(iii)
A course, qualification or institution shall not be treated as approved
during any period
the approval is withdrawn under subsection (2) of this section
(iv)
Notwithstanding the provision of subsection (3) of this section, the
withdrawal of an
approval under subsection (2) of this section shall not prejudice the
registration, eligibility for registration of any person who by virtue of or
subject to his obtaining a certificate of experience immediately before the
approval was withdrawn.
(v)
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 possible publish a copy of every such instrument in its
office; and
(b)
not later than seven days before its publication as aforesaid, send a
copy of the instrument to the director.
Back to Top
18- (i) It shall be the duty of the members of the Council to keep themselves
informed of the name of;
(a)
the instruction given at approved institutions to persons attending
approved courses of training and
(b)
the examination as a result of which approved qualifications are granted;
Committee either from among its own members or otherwise to visit approved
institutions to attend such examinations.
(ii)
It shall be the duty of a Committee appointed under subsection (1) of
this section to report to the Council on;
(a)
the sufficiency of the instructions given to persons attending approved
course of training at institutions visited by it;
(b)
the sufficiency of the examinations attended by it; and
(c)
any other matters relating to the institutions or examinations which the
Council may, either generally or in a particular case, request it to report, but
no Committee member shall interfere with the giving of any instruction or the
holding of any examination.
(iii)
On receiving a report made in pursuance of this section, the Council may
if it thinks fit
and shall, if so required by the Institute, 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 observations on the report to the Council within such period as
may be specified in the request, not being less than one month beginning with
the date of the request.
Back to Top
PART V
PROFESSION DISCIPLINE
Established Of The Disciplinary Committee And Investigating Panel
19- (i) There shall be a Committee to be known as the Institute of Loss Adjusters of
Nigeria
Disciplinary Committee (in this Constitution referred to as the “The
Disciplinary Committee”) which shall be charged with the duty of considering and
determining any case referred to it by the investigating panel established by
the following provisions of this section and any other of which the Disciplinary
Committee has cognisance under the following provisions of this Constitution.
(ii)
The Disciplinary Committee shall consist of the Chairman and two other
members of the
Council appointed by the Council.
(iii)
There shall be a body to be known as the Institute of Loss Adjusters of
Nigeria
Investigating Panel (in this Constitution referred to as “the Investigating
panel”) which shall be charged with the duty of
(a)
conducting a preliminary investigation into any case where it is alleged
that a member has misbehaved in his capacity as a Loss Adjuster or should for
any other reason by the subject of proceedings before the Disciplinary Committee
and deciding whether the case should be referred to the Disciplinary Committee.
(iv)
The Investigating Panel shall be appointed by the Council and shall
consist of two
members of the Council and one practicing Loss Adjuster who is not a member of
the Council.
(v)
The provisions of Schedule 2 to this Constitution shall so far as they
are applicable to the
Disciplinary Committee and the Investigating Panel respectively have effect with
respect of those bodies.
(vi)
The Council may make rules not inconsistent with this Constitution as to
acts which constitute professional misconduct.
Back to Top
Penalties For Unprofessional Conduct.20- (i) A person enrolled or registered under this Constitution if convicted, by
any Court or Committee in Nigeria or elsewhere having power to impose
imprisonment or fine for an offence (whether or not punishable with
imprisonment) which in the opinion of the Disciplinary Committee is incompatible
with the status of a Loss Adjuster or;
(b)
the Disciplinary Committee is satisfied that the name of any person has
been fraudulently enrolled or registered the Disciplinary Committee may if it
thinks fit, give a direction reprimanding that person or fining such persons or
ordering the Director to strike his name off the relevant part of the register.
(ii)
The Disciplinary Committee may, if it thinks fit, defer or further defer
its decision as to the giving of a director under subsection (1) of this section
until a subsequent meeting of the Disciplinary Committee; but
(a)
no decision shall be deferred under this section for periods exceeding
one year in the aggregate; and
(b)
no person shall be a member of the Disciplinary Committee for the
purposes of reaching a decision which he was present as a member of the
Disciplinary Committee when the decision was deferred.
(iii)
For the purposes of subsection (1( (b) of this section, a person shall
not be treated as convicted as therein mentioned, 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.
(iv)
When the Disciplinary Committee gives a direction under subsection (1) of
this section, the Disciplinary Committee shall cause notice of the direction to
be served on the person to whom it relates.
(v)
The person to whom a direction given under subsection (1) of this section
relates may, at any time within twenty-eight days from the date of service on
him of notice of the direction, appeal against the direction to the Federal High
Court and the Disciplinary Committee may appear as respondent to the appeal and,
for the purpose of enabling directions to be given as to the costs of the appeal
and of proceedings before the Federal High Court, the Disciplinary Committee
shall be deemed to be a party thereto whether or not it appears on the hearing
of the appeal.
(vi)
A direction of the Disciplinary Committee under subsection (1) of this
section shall take effect where.
(a)
no appeal under this section is brought against the direction within the
time limited for such an appeal, or on the expiration of that time; or
(b)
any such appeal is brought and is not withdrawn or struck out as
aforesaid, if and when the appeal is dismissed.
(vii)
A person whose name is struck off the register in pursuance of a
direction of the Disciplinary Committee under this section, shall not be
entitled to be enrolled or registered again, except in pursuance of a direction
in that beheld; given by the Disciplinary Committee on the application of that
person.
(viii)
A direction under this section for the striking off a person’s name from
the register may prohibit an application under this subsection by that person
until the expiration of such period from the date of the direction (and where he
has duly made such a application from the date of his last application) as may
be specified in the direction.
Back to Top
PART VI
MISCELLANEOUS AND GENERAL
Application Of This Constitution To Enrolled
21- (i) Any person who is not a member of the Institute of Loss Adjusters of
Nigeria (in this Constitution would have been qualified to apply to obtain
membership of the Institute may, within the period of three months from the
commencement of this Constitution apply for membership of the Institute in such
manner as may be prescribed by rules made by the Council.
(ii)
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.
Back to Top
When Persons Are Deemed To Be Loss Adjusters
22- (1) Subject to subsection (2) of this section, a person shall be deemed to
be a Loss Adjuster if, in consideration of remuneration received or to be
received, or whether by himself or in partnership with any other person he;
(a)
engage himself in the practice of the profession or holds himself out to
the public as a Loss Adjuster; or
(b)
renders professional service or assistance in or about matter or
principle or detail relating to Loss Adjusting procedure or
(c)
renders any other service which by regulations made by the Council, be
designated as service constituting Loss Adjusting practice.
(2)
Nothing in this section shall be construed so as to apply to persons who,
while in full time 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
a Loss Adjuster.
Back to Top
Rules As To Training, Etc.
23-(i) The Council may make rules for:-
(a)
the training in Loss Adjusting, of suitable persons in Loss Adjusting
methods and practice; and
(b)
for the supervision, regulation, engagement, training and transfer of
such persons.
(ii)
The Council may also make rules
(a)
prescribing the amount and due date for payment of the annual
subscription and for such purpose different amounts may be prescribed by the
rules according to whether the person is enrolled as a fellow including Life
Member, Associate, Student or an Ordinary Member,
(b)
prescribing the form of licence to practice; and a Loss Adjuster must
possess an annual practicing licence issued by the Institute.
(c)
restricting the right to practice Loss Adjusting in default of payment of
the amount of the annual subscription where the default continues for longer
than such period as may be prescribed by the rules.
(iii)
Rules when made under this section shall, be in writing and made
available to Members .
Back to Top
Provisions Of Library Facilities, Etc
24-The Institute shall
(a)
provide and maintain a library comprising books and publications for the
advancement of Knowledge of Loss Adjusting and such other books and publications
as the Council may think necessary for that purpose; and methods and allied
subjects to the extent that the Council may; from time to time, consider
necessary.
Back to Top
25- (i) If any person, for the purpose of procuring the registration of any name,
qualification or other mater.
(a)
makes a statement which he believes to be false in a material particular,
or
(b)
recklessly makes a statement which is false in a material particular he
shall be guilty of an offence.
(ii)
If, on or after the relevant date, any person who is not a member of the
Institute
practices or holds himself out as Loss Adjuster for or in expectation of a
reward or takes or uses any name, title, addition or description implying that
he is a Loss Adjuster; he shall be guilty of an office provided that, in the
case of a person falling within section 16 of this Constitution.
(a)
this subsection shall not apply in respect of anything done by him during
the period of three months mentioned in that section; and
(b)
if within that period he duly applies for membership for the Institute
then, unless within that period, he is notified that his application has not
been approved, this subsection shall not apply in respect of anything done by
him between the end of that period and the date on which he is enrolled or
registered or notified as aforesaid.
(c)
It shall be considered an offence for a member to practice as Loss
Adjuster under an unregistered firm of Loss Adjuster’s and disciplinary
procedures shall be taken accordingly.
(iii)
If the Director or any other person employed by or on behalf of the
Institute willfully
makes any falsification in any matter relating to the register, he shall be
guilty of an offence.
(iv)
A person guilty of an offence under this section shall be liable.
(a)
be fined an amount not exceeding N1,000; or
.
(v)
Where an offence under this section which 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 or any person purporting to act in
any such capacity, he, as well as the body corporate, shall be deemed to be
guilty of that offence and shall be liable to be proceeded against and punished
accordingly.
(vi)
In this section, ‘ the relevant date’ means the first anniversary of
coming into force of this
Constitution.
Back to Top
Publication Of Regulations And Rules.
26 – (i) Any regulation made under this Constitution shall be in
writing as soon as may be, after they are made and a copy of any such regulation
shall be sent to all Registered Members not later than three months after being
made.
(ii) Rules made for the purposes of this Constitution, shall be subject
to confirmation by the Institute at its general meeting or at any special
meeting of the Institute convened for that purpose, and if then annulled, shall
cease to have effect on the day after the date of annulment, but without
prejudice to anything done in pursuance or intended pursuance of any such rules.
Back to Top
27- In this Constitution, unless the context otherwise requires:-
‘Council’
means the council established as the governing body of the Institute under this
Constitution.
‘Disciplinary Committee’ means the Institute of Loss Adjusters of Nigeria
Disciplinary
Committee established under section 19 of this Constitution
‘Fees’
includes annual subscription;
Director
means Director of the Institute which term also shall be taken as referring to
Registrar until the positions are separated by Council
‘Institute’
means the Institute of Loss Adjusters of Nigeria established under section 1 of
this Constitution.
‘Loss
Adjuster’ means any person who is registered under this Constitution in any of
the categories of membership.
‘Investigating Panel’ means the Institute of Nigeria
Investigating Panel established under section 19 (3) of this Constitution ,
‘member of the Institute’ means an enrolled Fellow, Associate or a Loss Adjuster
registered by the Institute and ‘membership of the Institute’ shall be construed
accordingly.
“Minister”
means Minister of Finance of the Federation of Nigeria
“President”
and : Vice President” means respectively the office holders under those names in
the Institute.
“Profession”
means the profession of Loss Adjusting;
‘Register’
means the register maintained in pursuance of section 8 of this Constitution.
Back to Top
SCHEDULES
Schedule 1 ‘Supplementary
Provisions Relating to The Council’
1- (i) The Council shall be elected by members at an Annual General Meeting
of the Institute and shall consist of the President, the Vice President,
Immediate past President and six (6) other members to be known as “Councillors”
to be not less than 3 or more than such number as shall be determined by the
Institute in general meeting and until otherwise determined the total of such
number shall be Nine.
(ii)
The Council so elected shall hold office for two consecutive years and
shall retire at the Second Annual General Meeting of the Institute following
their election. All members of the Council shall so retire and a new Council
shall be elected. A retiring member of the Council shall be eligible for
re-election. Only Fellows and/or Associates of the Institute with not less than
eight consecutive years experience of practice as a Loss Adjuster after his
election as an Associate shall be eligible for nomination for election to the
Council.
(iii)
The election of members of the Council shall be conducted in the
following order:
(a)
Election of the President, an affirmation that the retiring Vice
President be and is duly returned as the President, provided that the retiring
President has served for 2 consecutive terms.
(b)
Election of the Vice –President
(c)
Election of Councilors.
(iv)
The Director shall include in the Notice convening the Annual General
Meeting nomination forms for the office of Vice –President and Councilors
(v)
To be eligible for affirmation/election as President or Vice President a
candidate must;
(a)
be either a Fellow or Associate of the Institute
(b)
have been a member of the Council for consecutive period of three (2)
years prior to the election
Not have
served as President for two consecutive terms prior to the election.
Back to Top
QUALIFICATIONS AND TENURE OF
OFFICE OF MEMBERS OF THE COUNCIL:
2 (i) A member of the Institute who ceases to be a member thereof shall, if
he is also member of the Council cease to hold office on the Council.
(ii)
A member of the Council may, by notice in writing under his hand
addressed to the President, resign his office;
(iii)
Elections to the Council shall be held in such manner as may be
prescribed by the rules made by the council and until so prescribed by rules
made by the Council they shall be decided by secret ballot.
(iv)
If an elected member of the council ceases to hold office before the date
when his term of office would have expired, the Council may, if the time between
the unexpired portion of the term of office and the next general meeting of the
institute appear to warrant the filling of the vacancy, co-opt some other fit
person for the residue of the time as aforesaid.
Back to Top
3 (i) The business of the Institute shall be managed by the Council, who may
exercise all such powers of the Institute as are not by the law or by this Constitution required
to be exercised by the Institute in general meeting, subject nevertheless to any
regulation of this Constitution to the provision of the Law and to such By-Laws
being not consistent with the aforesaid regulations or provisions, as may be
prescribed by the Institute in General Meeting; but no By-Law made by the
Institute in general meeting shall invalidate any prior act of the Council which
would have been valid if that By-Law had not been made.
(ii)
Meeting of the Council may be held at the call of the President or in his
absence the Vice-
President and shall be held in response to a requisition lodged with the
Director and signed by not less than two members of the Council. At least
seven days written notice of a Council meeting shall be given to all members of
the Council.
(iii)
At meetings of the Council, three members of the Council shall form a
quorum.
(iv)
At every meeting of the Council the President, if he shall be present,
failing him the Vice-President and in his absence a member of the Council chosen
by those present shall be Chairman. The Chairman shall have both a deliberative
and casting vote.
(v)
The Council shall cause Minutes to be made in books provided for the
purpose:-
(a)
of all appointments of officers made by the Council;
(b)
of the name of the members of the Council present at each meeting of the
Council and of any Committee thereof;
(c)
of all resolutions and proceedings at all meetings of the Institute and
of the Council and of Committees thereof shall sign his name in a book to be
kept for that purpose.
(vi)
A resolution in writing (which may consists of several documents in like
form each signed by one or more Councilors) shall be as valid and effectual as
if it has been
Passed at a meeting of the Council duly called and constituted PROVIDED THAT
no resolution shall be so signed in relation to the acquiring or disposing of a
property of the Institute or the electing or expulsion of members.
(vii)
The Council shall have the power to Co-opt in to the Council not more
than two members of the Institute who must be persons eligible or qualified for
election into the Council. Such Co-opted Councilors shall have the same powers
as elected Councilors and if this is done, the number of all Councilors
including the President and Vice-President, shall not exceed eleven.
Back to Top
(i) Subject to the provision of this Constitution, the Council may in the name of
the Institute
make standing orders regulating the proceedings of the Institute or the Council
and in the exercise of its powers under this Constitution may set up Committees
in the general interest of the Institute and make standing orders thereof.
(ii)
Standing orders made for a Committee shall provide for decisions to be
taken by a
majority of the members and, in the event of equality of votes, the President or
the Chairman, as the case may be, shall have a second or casting vote.
(iii)
Standing orders made for a Committee shall provide for the Committee to
report to the Council on any matter referred to it by the Council.
(iv)
The quorum of the Council shall be three and the quorum of a Committee of
the Council shall be determined by the Council.
Back to Top
MEETING OF THE COUNCIL.
5- (i) Subject to the provisions of any standing orders of the Council, the Council
shall meet
whenever it is summoned by the President and if the President is required, to
do so, by notice in writing given to him by not less than three other members he
shall summon a meeting of the Council to be held within seven days from the date
on which the notice is given.
(ii) At any meeting of the Council, the President or Vice-President or in
their absence, the
members present at the meeting shall appoint one of their number to preside at
the meeting.
(iii)
Where the Council desires to obtain the advice of any person on a
particular matter, the
Council may co-opt him as a member for such period as the Council thinks fit;
but a person who is a member by virtue of this sub-paragraph shall not be
entitled to vote at any meeting of the Council and shall not count towards a
quorum.
(iv)
Notwithstanding anything in the forgoing provisions of the paragraph, the
first meeting of
the Council shall be summoned by the President of the Institute.
Back to Top
6- (i) 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.
(ii)
A Committee appointed under this paragraph shall consist of the number of
persons
determined by the Council, of whom not more than one-third may be persons who
are not members of the Council, and a person other than a member of the Council
shall hold office on the Committee in accordance with the terms of the letter by
which he is appointed.
(iii)
A decision of a Committee of the Council shall be of no effect until it
is confirmed by the
Council.
Back to Top
7- (i) The fixing of the seal of the Institute shall be authenticated by the signature
of the President or of some other member of the Council authorised generally or
specially by the Institute to act for that purpose.
(ii)
Any Contract or instrument which, if made or executed by a person not
being a body
corporate, would not be required to be under seal, may be made or executed on
behalf of the Institute or of the Council, as the case may require, by any
person generally or specially authorised to act for that purpose by the Council.
(iii)
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 proved, be
deemed to be so executed.
8-
The validity of any proceeding of the Institute or of the Council or of a
Committee of the Council shall not be adversely affected by any vacancy in the
membership or by any defect in the appointment of a member of the Institute or
of the Council of a person serving on the Committee or by reason that a person
not entitled to do so took part in the proceedings.
9-
Any member of the Institute or of the Council and any person holding
office on a Committee of the Council, who has a personal interest in any
contract or arrangement entered into or proposed to be considered by the Council
on behalf of the Institute or on behalf of the Council or Committee thereof;
shall forthwith disclose his interest to he President or to the Council as the
case may be and shall not on question relating to the contract or arrangement.
10-
A person shall not by any reason only of his membership of Institute be
treated as holding an office in the public service of the Federation.
Back to Top
Schedule 2 - Supplementary Provision Relating To The Disciplinary Committee
and Investigating Panel
The Disciplinary Committee
1- The quorum of the Disciplinary Committee shall be four members to the
selection of
members of the Disciplinary Committee for the purpose of any proceeding,
the procedure to be followed and the rules of evidence to be observed in
proceedings before, the Disciplinary Committee.
(2) The rules shall in particular provide-
(a)
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 proceedings.
(b)
for determining who, in addition to the person aforesaid, shall be a
party to the proceedings
(c)
for securing that any party to the proceedings shall, if he so require be
entitled to be heard by the Disciplinary Committee.
(d)
for securing that any party to the proceedings may be represented by a
legal practitioner.
(e)
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 Disciplinary Committee adjudges that the allegation has
not been proved it shall record a finding that the persons is not guilty or such
conduct in respect of the matters to which the allegation relates.
(f)
For entry in the minute’s book of the Institute any direction of the
Disciplinary Committee which has taken effect providing that a person’s name
shall be struck off a register.
(3)-
For the purposes of any proceeding before the Disciplinary Committee any
member of the Disciplinary Committee may administer oaths and any party to the
proceedings may sue out of the registry of the High Court writes of subpoena and testificadum and duces tecum but no person appearing before the Disciplinary
Committee shall be compelled.
(a)
to make any statement before the Disciplinary Committee tending to
incriminate himself, or
(b)
to produce any document under such a writ which he could not be compelled
to produce at the trial of an action.
Back to Top
The Investigative Panel
4-
The quorum of the Investigating Panel shall be three.
5-
(i) The Investigating Panel may, at any of its meeting attended by all
the members of the Investigating Panel, make standing order with respect
(ii)
Subject to the provisions of any such standing orders, the Investigating
panel may regularise its own procedure.
6- (i)
A person ceasing to be a member of the Disciplinary Committee or the
Investigating Panel shall be eligible for appointment as a member of the Disciplinary
Committee or Investigating Panel, as the case may be.
(ii)
A person may, if otherwise eligible, be a member of both the Disciplinary
Committee or Investigating Panel, as the case may be, be a member of both the
Disciplinary Committee and the Investigating Panel; but no person who acted as
member of the Investigating Panel with respect to any case shall act as a member
of the Disciplinary Committee with respect to that case.
7- The Disciplinary Committee or the Investigating Panel may act
notwithstanding any vacancy in its membership; and the proceedings of either
body shall not be invalidated by any irregularity in the appointment of a member
of that body or subject to paragraph 6 (2) of the Schedule by reason of the fact
that any person who was not entitled to do so took part in the proceedings of
that body.
8-
Any document authorised or required by virtue of this Constitution to be
served on the Disciplinary Committee or the Investigating Panel shall be served
on the Director.
9-
Any expenses of the Disciplinary Committee or the Investigating Panel
shall be defrayed by the Institute.
Back to Top
Schedule 3- Supplementary Provisions Relating to the General Meeting of the
Institute
