Chartered Institute of Professional Secretarial Staff of Nigeria Act, 2022

(a) determining the standards of knowledge, skills and qualifications of persons seeking to become professional secretarial staff and raising those standards as determined by circumstances;

(b) securing in accordance with the provisions of this Act, the establishment and maintenance of a register of members of the Institute and publication of lists of persons and organisations contained in the register;

(c) conducting, encouraging and sponsoring research in the field of secretarial practice, office information technology management including publishing and disseminating same;

(d) organising and conducting professional examinations for secretarial practitioners and office information technology management in Nigeria;

(e) maintaining and upholding the ethics of professional secretarial practice;

(f) regulating professional secretarial practice in Nigeria;

(g) administering professional examinations in secretarial practice;

(h) collaborating with other reputable examination and professional bodies and educational institutions in the field of secretarial administration or office information technology management;

(i) providing continuous education in secretarial practice and office information technology management; and

(j) bringing together in unity and cohesion all professional secretarial staff and office information technology managers in Nigeria in line with the provisions of this Act.

(3) Subject to the provisions of this Act, persons or organisations admitted into the Institute shall be enrolled in the categories of –

(a) Fellows -FCPS;

(b) Honorary fellows – FCPS (HON);

(d) Associates – ACPS;

(e) Graduates;

(f) Affiliates; and

(g) Students.

(4) A person accorded any of the status in subsection (3) by the Council under this Act, shall be entitled to the use of the appropriate designatory letters as approved by the Council.

(5) A person admitted under this Act shall be enrolled as a –

(a) Fellow – FCPS if – (i) at the commencement of this Act, he was at least 40 years of age and had been a Fellow of the Association of Professional Secretarial Staff of Nigeria, incorporated under the Companies and Allied Matters Act (in this Act referred to as “the Association”), and (ii) he possesses such qualities, qualifications and has achieved such degree of attainment in secretarial practice as prescribed by the appropriate authority and has spent between 15 to 20 years in the grade of an individual member; [Act No. 3, 2020]

(b) Honourary Fellow – FCPS (HON), if – (i) at the commencement of this Act, he was an Honorary Fellow of the Association, (ii) has contributed immensely to the development and upliftment of the profession in or outside Nigeria, and (iii) has been found to be a fit and proper person to be conferred Honourary Fellowship by the Council;

(c) Member MCPS, if he – (i) at the commencement of this Act, was a member of the Association, or is found by the Council to possess adequate knowledge and skills of the profession and has spent the number of years as determined by the Council in secretarial practice, (ii) passed the relevant examinations prescribed, recognised or accepted by the Institute and has acquired a minimum of five years relevant working experience in the field of secretarial practice in any reputable organisation or government establishment, (iii) acquired a university first degree, doctorate or professorial, higher national diploma, or its equivalent in the field of secretarial administration, office information technology management from any government approved institution of higher learning, and (iv) has a minimum of five years post qualification working experience or as an Associate of the Institute;

(d) Associate - ACPS, if he – (i) at the commencement of this Act, was an Associate of the Association, (ii) possesses qualifications which, in the opinion of the Council are adequate, (iii) passed the relevant examinations prescribed, recognised or accepted by the Institute and has at least five years relevant working experience in the field of secretarial practice in any reputable organisation or government establishment, and (iv) acquired a university first degree, doctorate or professorial, higher national diploma, or its equivalent in the field of secretarial administration, office information technology management from any government approved institution of higher learning;

(e) Graduate, if he – (i) has attained 21 years of age, passed examinations prescribed, recognised or accepted by the Institute and has a minimum of three years working experience in core secretarial practice or profession, (ii) has acquired a minimum national diploma, national certificate of education or their equivalent from any recognised institution of learning, (ii) possesses other qualifications acceptable to the Council, and (iii) satisfies the requirements for admission to the grade of a Graduate member stipulated in the rules made under this Act;

(f) Affiliate, if he – (i) at the commencement of this Act, was an Affiliate of the Association, or is a student of an institution of higher learning recognised by the Council, and (ii) possesses qualifications acceptable to the Council; and

(g) Student, if he is a student in an institution of higher learning recognised by the Council.

(6) The Board shall have power to consider, approve and confer honorary membership of the Institute on persons of outstanding qualities and achievements in the industry and other areas of human endeavour including education, commerce and the awardees’ contribution to the development of the Institute.

(7) The award conferred under subsection (6) shall not confer professional membership status or the right to vote in the affairs of the Institute on the awardees.

(8) The Board shall have the power to approve the award to a corporate body of the Institute’s corporate membership status and the award shall entitle the recipient to the rights and obligations of only one member.

Election or appointment of the President, First and Second Vice Presidents and other officers

(1) There shall be a National President of the Institute who shall be –

(a) a professional secretarial practitioner;

(b) up-to-date in his financial obligations to the Institute; and

(2) There shall be the First and Second Vice Presidents of the Institute who shall each be –

(a) professional secretarial practitioner;

(b) up-to-date in their financial obligations to the Institute; and

(3) The President, First and Second Vice Presidents shall be elected at the annual general meeting of the Institute.

(4) The President, First and Second Vice Presidents shall each hold office for a term of two years in the first instance from the date of election and may be eligible for re- election for another term of two years and no more.

(5) The President shall preside over all the meetings of the Institute.

(6) In the event of death, incapacity or any other reason bordering on inability of the President to perform the duties of his office, the First or Second Vice President shall fill the vacancy for the unexpired portion of the term of office.

(7) Where the President, First or Second Vice Presidents of the Institute ceases to be a member, he shall also cease to hold the office designated under this section.

Establishment of the Governing Council of the Institute

(1) There is established the governing Council of the Institute (in this Act referred to as the “Council”) charged with responsibilities of setting up policies, guidelines, control, targets and appraisal for the Institute.

(2) The Council shall consist of –

(a) the President,

(b) the First and Second Vice-Presidents;

(d) three members elected at the annual general meeting of the Institute;

(e) the immediate past president of the Association or the Institute;

(f) one member each elected from the six geopolitical zones of North Central, North West, North East, South East, South West and South South, during the annual general meeting; and

(g) representatives of relevant ministries as may be determined by the Council.

(3) The provisions of the First Schedule to this Act shall have effect with respect to the qualifications and tenure of members of the Council and other matters mentioned in it. [First Schedule]

(4) The provisions of the Second Schedule to this Act shall have effect with respect to, matters arising from the transfer of property of the Association to Institute and other matters mentioned in that Schedule. [Second Schedule]

Board of Fellows

(1) There is established for the Institute a Board of Fellows (in this Act referred to as “the Board”) which shall exercise advisory role to the Council.

(2) The Board shall consist of such number of persons to be determined by the Council.

(3) The members of the Board shall be appointed and inaugurated in a meeting of the Council summoned for that purpose.

(4) A person shall only be appointed to the Board if he is a Fellow of the Institute.

Management of the Institute’s Fund

(1) The Institute shall establish and maintain a Fund, the management and control of which shall vest in the Council and into which shall be paid –

(a) all money received by the Council under this Act including fees, levies, grants, investitures, donations and honorariums; and

(b) such money as may be provided by donors, benefactors or other external sources.

(2) There shall be paid out of the Fund of the Institute –

(a) all reasonable expenditures incurred by the Council in the performance of its functions under this Act; and

(b) the remuneration and allowances of the Registrar and other staff of the Institute.

(3) The Council may invest its Fund in any security including treasury bills, shares or any other security in Nigeria approved by it.

(4) The Council may borrow money for the purposes of the Institute and any interest payable on such money shall be paid out of the Fund.

(5) The Council shall keep proper accounts on behalf of the Institute in respect of each financial year, and shall cause the accounts to be audited by a qualified and licensed auditor appointed by it.

(6) The auditor appointed for the purpose of this section shall not be a member of the Council.

Appointment and duties of the Registrar and preparation of the register

(1) The Council shall appoint a fit and proper person to be the Registrar, and such other persons as the Institute may deem necessary to appoint.

(2) The Registrar shall be the chief executive officer of the Institute and the Secretary to the Council.

(3) The Registrar shall prepare and maintain, in accordance with the rules made by the Council, a register of the names, addresses, approved qualifications and other relevant particulars, as may be specified in the rules of –

(a) persons who are entitled to be enrolled as Fellows, Members, Associates, Graduate Members, Affiliates and Students;

(b) persons registered as professional secretarial staff who apply to be so registered; and

(4) The register shall consist of seven parts of which the –

(a) first part shall be in respect of Fellows;

(b) second part shall be in respect of Members;

(d) fourth part shall be in respect of Graduate Members;

(e) fifth part shall be in respect of Affiliates;

(f) sixth part shall be in respect of Students; and

(g) seventh part shall be in respect of Corporate Members.

(5) Subject to the provisions of this section, the Council may make rules with respect to the form and keeping of the register and the making of the entries in it, and in particular –

(a) regulate the making of applications for enrolment, registration as the case may be, and providing for the particulars to be produced in support of applications;

(b) provide for notification to the Registrar, by the person to whom any registered particulars relate, of any change in those particulars;

(c) authorise an enrolled or registered person to have any qualification which is, in relation to the relevant division of the profession, either an approved qualification or an accepted qualification for the purposes of this Act, registered in relation to his name in addition to, or as he may elect, in substitution for any other qualification so registered;

(d) specify the fees, including any annual subscription to be paid to the Institute in respect of the entry of names on the register;

(e) authorise the Registrar to refuse to enter a name on the register until any fee specified for the entry has been fully paid; and

(f) specify anything failing to be specified under the provisions of this section.

(6) Rules made for the purposes of subsection (5)(e) shall not come into effect until confirmed at a special meeting of the Council or at the next annual general meeting, as the case may be.

(7) The Registrar shall -

(a) correct, in accordance with the Council’s directions, any entry in the register which the Council directs him to correct as being in the Council’s opinion an entry which was incorrectly made;

(b) make any necessary alteration in the particulars of registered persons; and

(c) record the names of members of the Institute who are in default for more than one year in the payment of the annual subscriptions and to take such action in relation to it, including removal of the names of such persons from the register, as the Council may direct under this Act.

(8) Where the Registrar –

(a) sends by post to any registered person a registered letter addressed to that person at his address on the register, enquiring whether the registered particulars relating to him are correct, and receives no reply to the letter within a period of three months from the date of posting or a period to be determined by Council having regards to the circumstances, and

(b) upon the expiration of the period sends in the like manner to the person in question a second similar letter and receives no reply to that letter within one month from the date of posting or a period to be determined by Council having regards to the circumstances, the Registrar may remove the particulars relating to the person from the register and the Council may direct the Registrar to restore to the appropriate part of the register any particulars removed under this subsection.

Publication of the register and list of evidential value

(1) The Registrar shall -

(a) cause the register to be printed, published, and put on sale to members of the public not later than 12 months from the commencement of this Act;

(b) in each year after that in which the register is first published under paragraph (a), cause to be printed, published and put on sale a corrected edition of the register or list of corrections or alterations made to the register since it was last printed; and

(c) cause a print of each edition of the register and of each list of corrections or alterations to be deposited at the principal office of the Institute, and the Registrar shall keep the register and lists so deposited and make them available at all reasonable times for inspection by members of the public.

(2) A document purporting to be a print of an edition of the Register published under this section by authority of the Registrar or document purporting to be a print of an edition of the Register so published and of a list of corrections or alterations to the last edition so published, shall, without prejudice to any other mode of proof, be admissible in any proceedings as evidence that any person specified in the document, or the documents read together, as being registered, was so registered at the date of the edition or the list of corrections or alterations, as the case may be, and that any person not so specified was not so registered.

(3) Where in accordance with subsection (2) a person is, in any proceeding, shown to have been, or not to have been registered at a particular date, he shall, unless the contrary is proved, be taken for the purposes of those proceedings as having at all material times thereafter continued to be, or not to be so registered.

Registration, training and development of practitioners

(1) Subject to section 12 of this Act and rules made under sections 6 (5) and 16 of this Act, a person shall be entitled to be enrolled or registered as a member of the Institute if he –

(a) possesses the relevant qualifications as may be approved by the Council and is successful in all the prescribed examinations;

(b) qualifies for enrolment as a member in any of the categories specified in this Act; or

(c) holds a qualification granted outside Nigeria for the time being accepted by the Institute and satisfies the Council that he has had sufficient practical experience in secretarial practice.

(2) An applicant for registration shall, in addition to evidence of qualification, satisfy the Council that he

(a) is of good character and high integrity;

(b) has consistently been in secretarial practice for a minimum of two years; and

(3) The Council may publish particulars of qualifications criteria for the time being accepted by it for registration.

(4) The Council may in its discretion reject 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.

(5) An entry directed to be made in the register under subsection (4) shall show that the registration is provisional and no entry so made shall be converted to full registration without the consent of the Council in writing in that behalf.

(6) A member who passed the Institute’s final examination or has attained Associate status of the Institute shall with effect from the date of coming into effect of this Act, and in line with his relevant special career path, as specified in the Fourth Schedule to this Act, continue to progress to Grade Level 17 or 15 as may be applicable to him or peculiar by the circumstances of the existing Conditions of Service in the services of the Federal or State Governments as appropriate. [Fourth Schedule]

Approval of qualification

(1) The Council may approve any institution for the purposes of this Act and may for those purposes, approve –

(a) any course of training at an approved institution which is intended for persons who are seeking to become or are already members of the Institute and which the Council considers is designed to confer on persons completing it, sufficient knowledge and skill for admission to the Institute;

(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 candidate has sufficient knowledge and skill to practice as a professional secretarial staff.

(2) The Council may, if it deems fit, withdraw any approval given under this section in respect of any course, qualification or institution, but before withdrawing such an approval, the Council shall -

(a) give notice that it proposes to withdraw the approval to each person in Nigeria appearing to the Council to be a person by whom the course is conducted, the qualification is granted, or the institution is controlled, as the case may be;

(b) afford such person an opportunity of making to the Council representations with regards to the proposal; and

(3) With regards to any period during which the approval of the Council under this section for a course, qualification or institution is withdrawn, the course, qualification or institution shall not be treated as approved under this section but the withdrawal of the approval shall not prejudice the registration or eligibility for registration of any person who, by virtue of the approval, was registered or eligible for registration, either unconditionally or subject to his obtaining a certificate or experience, immediately before the approval was withdrawn.

(4) The giving or withdrawal of an approval under this section shall have effect from the date of the execution of the instrument and the Council shall -

(a) publish, as soon as possible, a copy of every such instrument in the Federal Government Gazette; and

(b) not later than seven days before its publication, send a copy of the instrument to the Minister responsible for Education.

Supervision, instruction and examination leading to approval

10.

(1) The members of the Council shall be informed of the nature of –

(a) the instruction given at approved institutions to persons attending approved courses of training, and

(b) the examinations as a result of which approved qualifications are granted, and for the purposes of performing that duty, the Council may appoint a committee, either from among its own members or otherwise, to visit approved institutions or to attend such examinations.

(2) The committee appointed under subsection (1) shall report to the Council on –

(a) the adequacy of the instruction given to persons attending approved courses of training at institutions visited by it;

(b) the adequacy of the examinations attended by it; and

(c) any matters relating to the institutions or examinations which the Council may, either generally or in a particular case, request it to report: Provided always that no member of the committee shall interfere with the giving of any instruction or holding of any examination.

(3) On receipt of a report made under this section, the Council may, if it deems 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 examinations 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 less than one month from the date of the request.

Establishment of the Disciplinary Tribunal and the Investigating Panel

11.

(1) There is established the Chartered Institute of Professional Secretarial Staff of Nigeria Disciplinary Tribunal (in this Act referred to as “the Tribunal”) charged with the responsibility of considering and determining all cases referred to it by the Investigating Panel established under subsection (3).

(2) The Tribunal shall consist of the Chairman of the Council and six other members of the Institute appointed by the Council.

(3) There is established the Chartered Institute of Professional Secretarial Staff of Nigeria Investigating Panel (in this Act referred to as “the Panel”) charged with the duty of –

(a) conducting preliminary investigation into any matter or complaint where – (i) it is alleged that a member has engaged in misconduct or compromised the ethics of the profession in his capacity as a member of the Institute; and (ii) for any reason, a member has been the subject of proceedings before the Tribunal; and

(b) deciding whether the matter or complaint shall be referred to the Tribunal.

(4) The Panel shall be appointed by the Council and shall consist of two members of the Council and five duly registered members of the Institute who are not members of the Council. [Third Schedule]

(5) The provisions of the Third Schedule to this Act shall, so far as applicable to the Tribunal and the Panel respectively, have effect with respect to those bodies.

(6) The Council may make rules consistent with this Act as to acts which constitute professional misconduct.

Penalties for professional misconduct

12.

(1) Where –

(a) a member is adjudged by the Tribunal to be guilty of infamous conduct in any professional respect,

(b) a member is convicted by a court of competent jurisdiction in Nigeria or elsewhere for an offence, whether or not punishable with imprisonment, which in the opinion of the Tribunal is incompatible with the status of a member of the Institute, or

(c) the Tribunal is satisfied that the name of any person has been fraudulently registered, the Tribunal may, if it deems fit, give a direction reprimanding that person or ordering the Registrar to strike his name off the relevant part of the Register.

(2) The Tribunal may, if it deems fit, defer or further defer its decision as to the giving of a direction under subsection (1) until its subsequent meeting but –

(a) a decision shall not be deferred under this subsection for periods exceeding two years in the aggregate; and

(b) no person shall be a member of the Tribunal for the purposes of reaching a decision which has been deferred or further deferred, unless he was present as a member of the Tribunal when the decision was deferred.

(3) For the purposes of subsection (1) (b), a person shall not be treated as convicted pending the final determination of an appeal against the conviction.

(4) Where the Tribunal gives a direction under subsection (1), it shall cause notice of the direction to be served on the person affected.

(5) The person affected may, at any time within 90 days of service on him of notice of direction, appeal to the Tribunal and the Tribunal may review its decision.

(6) A person whose name is removed from the register on the direction of the Tribunal under subsection (1) (c) shall not be entitled to be registered again except under a direction in that behalf given by the Tribunal on the application of that person to the Council, and a direction under this section for the removal of a person’s name from the register may prohibit an application under this section by that person until the expiration of such period from the date of the direction, and where he has duly made such an application, on the date of his last application, as may be specified in the direction.

Membership

13.

(1) Upon the commencement of this Act, any person who was not a member of the Association may, within a period of three months from the commencement of this Act, apply and obtain membership in such manner as may be prescribed by rules made by the Council and, if approved, he shall be enrolled or registered, as the case may be, according to his qualifications.

(2) A person shall be deemed a member of the Institute if he –

(a) is a practicing confidential secretary or a lecturer in the field of confidential secretarial practice or office information technology management employed in the private sector of the economy, or self- employed, and upon application for membership as regulated by the relevant provisions of this Act;

(b) holds himself out to the public as a professional secretarial practitioner;

(d) renders any other service which may, by regulations made by the Council, be designated as service constituting practice in secretarial training sector.

(3) Admittance of persons covered under subsection (2) (b), (c) and (d) shall be upon application for membership duly made to Institute as provided by the relevant sections of this Act.

Rules

14.

(1) The Council may make rules for -

(a) the training of suitable persons as professional secretarial staff;

(b) the supervision and regulation of the engagement of such persons;

(d) fees to be paid by members of the Institute; and

(e) restrictions on the right to practice when all prescribed conditions have not been met.

(2) The Council may also make rules prescribing the amount and due dates for payment of annual subscription and for such purposes, different amounts may be prescribed by the rules according to membership categories of Fellows, Honorary Fellows, Members, Associates, Graduates, Affiliates and Students.

(3) Rules when made shall, if the Chairman of the Council so directs, be published and circulated to members.

(4) The Council may confer honorary membership or merit award of the Institute on persons or bodies considered worthy of such honour on terms and conditions prescribed by it.

Provision of library

15.

The Institute shall -

(a) provide and maintain a library comprising books and publications for the advancement of knowledge in secretarial practice, office information technology and management, and such other books and publications as it may deem necessary for the purpose; and

(b) encourage research into secretarial practice and allied matters to the extent that the Council may consider necessary.

Regulation

16.

(1) Any regulation made for the purposes of this Act shall be published in the Federal Government Gazette as soon as may be possible after it has been made.

(2) Rules made for the purposes of this Act shall -

(a) be subject to confirmation by the Council at any meeting of the Institute summoned for that purpose; and

(b) if annulled, cease to have effect on the day after the date of annulment but without prejudice to anything already done under any such rule.

Offences

17.

(1) Upon the Commencement of this Act -

(a) any person who, for the purpose of procuring his registration as a member of the Institute, knowingly or recklessly makes any statement, or tenders any document which he knows or ought reasonably to know to be false, commits an offence and shall not be eligible for registration and if registered shall be delisted,

(b) any person who, not being a member of the Institute, holds himself out as a member and practices as a registered member of the Institute in expectation of reward or financial consideration, commits an offence and is liable on conviction to punishment for impersonation under the relevant laws of the Federal Republic of Nigeria, or

(c) any person who, being a member holds himself out by taking any name, title, addition or description implying that he is a member of the Institute, other than the category which he is enrolled or registered under this Act, commits an offence and is liable to be proceeded against and the Tribunal shall, upon conviction, impose the appropriate penalty.

(2) Any willful falsification of entries in the register of membership by the Registrar or any other person acting for or on behalf of the Institute constitutes an offence and the offender is liable on summary conviction to a fine of at least but not more than N250,000 or imprisonment for a term not more than two years or both.

(3) Where the offences under subsection (1) (a), (b) and (c) is proved to have been committed by a body corporate, and attributable to the connivance or neglect of the officers of such body corporate, the director, manager, secretary or other officer purporting to act in such capacity shall be deemed to have committed the offence and shall be proceeded against and punished accordingly.

Interpretation

18.

In this Act - “Affiliate” means member of the Institute registered in the Affiliate category; “Association” means the Association of Professional Secretarial Staff of Nigeria (a corporate body registered under the Companies and Allied Matter Act); “Associate” means a member of the Institute registered in the Associate category; “Act” means this Act; “Board” means the Board of Fellows appointed under section 4 (1) of this Act; “Chairman” means the Chairman of the Council; “Institute” means the Chartered Institute of Professional Secretarial Staff of Nigeria; “Council” means the Council established as the Governing Council of the Institute under section 3 of this Act; “enrolled” in relation to Fellow, Honorary Fellow, Member, Associate, Graduate, Affiliate or Student means a person registered in the part of the register relating to Fellow, Honorary Fellow, Member, Associate, Graduate Affiliate or Student as the case may be; “fees” includes annual subscriptions; “honourarium” means the amount paid to ad-hoc staff; “member” means member of the Institute ; “Minister” means the Minister responsible for education; “President” and “Vice-President” respectively means office holders under those names in the Institute; ‘register” means the register maintained as required under section 6 (3) of this Act; “Registrar” means the Registrar appointed by the Council under section 6(1) of this Act; and “Tribunal” has the meaning assigned to it under this Act.

Citation

19.

This Act may be cited as the Chartered Institute of Professional Secretarial Staff of Nigeria Act, 2022.

3. (3)

SUPPLEMENTARY PROVISIONS RELATING TO THE COUNCIL

Qualification and Tenure of Members of the Council

1. (1) Subject to the provisions of this Act every appointed or elected member of the Council with the exception of the Registrar shall hold office for two years at the first instance and may be reappointed or re-elected for a further term of two years in the same office and no more.

(2) A person who ceases to be a member of the Institute shall, if he is also a member of the Council, cease to hold such office.

(3) An appointed or elected member may, by notice in writing under his hand addressed to the Chairman, resign his office.

(4) A person who resigns from or otherwise ceases to be a member of the Council as a result of a report in writing to the Council and the annual general meeting of the Institute, with proven evidence of grave violation of the provisions of this Act by a person or group of persons in Council, shall not be eligible for re-election into the Council.

(5) Appointment or election shall be carried out in such a transparent and democratic manner as the Council may prescribe.

(6) Where there is a vacancy in the office of a member of the Council such vacancy shall be filled by the appointment or election of a fit and proper member to complete the un-expired portion of the term of that Council member:

Provided always that the Council shall make rules for such appointment or election.

Powers of the Council

2. The Council shall have power to do anything which in its opinion is calculated to facilitate the carrying on of the activities of the Institute.

Proceedings of the Council

3. (1) Subject to the provisions of this Act, the Council may, in the name of the Institute, make standing orders to regulate proceedings of the Council, and in the exercise of its powers under this Act, may set up committees in the general interest of the Institute including making Standing Orders in that regard.

(2) Standing orders shall provide for decisions to be taken by a majority of the members, and, in the event of equality of votes, the Chairman shall have a second or casting vote.

(3) Standing orders made for a committee shall provide that the committee shall report back to the Council on any matter not within its competence to decide.

(4) The quorum of the Council shall be 12 and the quorum of a committee of the Council shall be fixed by the Council.

Meetings of the Institute

Meetings of the Institute

4. (1) The Council shall convene the annual general meeting of the Institute on such day and month as it may determine, however, not more than 13 months shall elapse between the previous general meeting.

(2) A special meeting of the Institute may be convened by the Council at any time if more than 100 members require it by notice in writing addressed to the Registrar setting out the objects of the proposed meeting.

(3) The quorum of any meeting of the Institute shall be at least 50 financial members.

Meetings of the Council

Meetings of the Council

5. (1) Subject to the provisions of this Act and any standing orders of the Council, the Council shall meet whenever it is summoned by the Chairman, and if the Chairman is required to do so by notice in writing given to him by at least seven other members, he shall summon a meeting of the Council within seven days of the service of the notice.

(2) At any meeting of the Council, the President or in his absence the First or Second Vice-President shall preside, but if both are absent, the members present at the meeting shall appoint one of them to preside at that meeting.

(3) Where the Council desires to obtain advice from any person on a particular matter, the Council may co-opt that person as a member for such period as the Council may deem fit but a person who is a member by virtue of this provision shall not be entitled to vote at any meeting of the Council and shall not count towards a quorum.

(4) Notwithstanding anything in the provisions of this paragraph, the first meeting of the Council shall be summoned by the Chairman of the Council who may give such directions as he thinks fit as to the procedure which shall be followed at the meeting.

Committees

Committees

6. (1) The Council may appoint one or more committees to perform such functions as it may determine on behalf of the Institute.

(2) A committee appointed under this paragraph shall consist of the number of persons determined by the Council and a person other than a member of the Council shall hold office in the committee in accordance with the terms of the instrument by which he is appointed.

(3) A decision of a committee is null and void if not confirmed by the Council.

Miscellaneous

Miscellaneous

7. (1) The fixing of the seal of the Institute shall be authenticated by the signature of the Chairman or another member of the Council authorised generally or specially to act for that purpose.

(2) Any contract or instrument which, if made by a person not being body corporate, would not be under seal, may be made or executed on behalf of the Institute or the Council as the case may require, by any person generally or specially authorised to act for that purpose by the Council.

(3) Any document purporting to be 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.

(4) The validity of any proceeding of the Institute, 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, the Council or a person serving on the committee or by reason that a person not entitled to do so took part in the proceedings.

(5) Any member of the Institute, the Council or any person holding office in 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, the Council, or a committee of the Council, shall immediately disclose his interest to the Chairman of the Council, and shall not vote on any question relating to the said contract or arrangement.

(6) A person shall not, by reason only of his membership of the Institute, be required to disclose any interest relating solely to the audit of the account of the Institute.

3. (4)

TRANSITIONAL PROVISIONS AS TO PROPERTY

Transfer of property to the Institute

1. (1) Every agreement to which the Association was a party immediately before the commencement of this Act, whether in writing or not and whether or not of such a nature that the rights, liabilities and obligations could be assigned by the Association shall, unless its term or subject matter is impossible that it should have effect as modified in the manner provided by this subparagraph, have effect from the commencement of this Act, so far as it relates to assets and liabilities transferred by this Act to the Institute, as if –

(a) the Institute had been a party to the agreement;

(b) for any reference, however worded and whether express or implied, to the Association, there were substituted, as respect anything failing to be done on or after the commencement of this Act, a reference to the Institute; and

(c) for any reference, however worded and whether express or implied, to a member or members of the National Executive Council of the Association or an officer of the Association, there were substituted as respects anything failing to be done on or after the commencement of this Act, a reference to a member or members of the Council under this Act or the officer of the Association which corresponds as nearly as may be to the member or officer in question of the Institute.

(2) Other documents which refer, whether specially or generally, to the Association shall be construed in accordance with subparagraph (1).

(3) Without prejudice to the generality of the provisions of this Schedule, where by their operation any right, liability or obligation vested in the Association, the Institute and all other persons shall, as from the commencement of this Act, have the same rights, powers and remedies, and in particular, the same rights as to the taking or resisting of legal proceedings or applications to any authority, for ascertaining, perfecting or enforcing that right, liability or obligation as they would have had if it had at all times been a right, liability or obligation of the Institute.

(4) Any legal proceeding or application to any authority pending at the commencement of this Act by or against the Association and relating to property transferred by this Act to the Institute may be continued on or after that day by or against the Institute.

(5) Where the law in effect at the place where any property transferred by this Act is situated provides for the registration of transfers of property of the kind in question, whether by reference to an instrument of transfer or otherwise, the law shall, so far as it provides for alterations of a register, but not for avoidance of transfer, the payment of fees or any other matter, apply with necessary modifications, to the transfer of the property and it shall be the duty of the Council to furnish the necessary particulars of the transfer to the proper officer of the registration authority, and of that officer to register the transfer accordingly.

Transfer of Function

2. (1) At the first meeting, the Council of the Institute shall fix a date, not later than three months after the commencement of this Act, for the annual general meeting of the Institute.

(2) The members of the National Executive Council of the Association shall be deemed to be members of the Council of the institute until the date determined under subparagraph (1) when the Institute shall have its first annual general meeting, and they shall cease to hold office at the conclusion of such meeting.

(3) The staff of the Association shall, as from the commencement of this Act, be registered as staff of the Institute, and without prejudice to the general provisions of this Schedule relating to the transfer of property, any person who, immediately before the commencement of this Act, was a staff of the Association shall on that day become the holder of an appointment with the Institute with the status, designation and functions which correspond as nearly as may be possible to those which appertained to him in his capacity as a member of that staff.

(4) All regulations, rules and similar instruments made for the purposes of the Association and in effect immediately before the commencement of this Act, shall, except in so far as they are subsequently revoked or amended by any authority having power in that behalf, have effect for, with any necessary modifications, as is duly made for the corresponding purposes of the Institute.

11. (5)

SUPPLEMENTARY PROVISIONS RELATING TO THE DISCIPLINARY TRIBUNAL AND THE INVESTIGATING PANEL

The Tribunal

1. The quorum of the Tribunal shall be four of whom at least two shall be registered members.

2. (1) The Chief Justice of Nigeria shall make rules as to the selection of members of the Tribunal for the purposes of any proceedings and as to the procedure to be followed and the rules of evidence to be observed in the proceedings before the Tribunal.

(2) The rules shall in particular provide –

(a) 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, shall be a party to the proceedings;

(d) for enabling any party to the proceedings to be represented by a legal practitioner;

(e) subject to the provisions of this Act, as to costs of the proceedings before the Tribunal;

(f) for requiring, in a case where it is alleged that the person who is the subject of the proceedings is guilty of infamous conduct in any professional respect, that where the Tribunal adjudges that the allegation had not been proved, it shall record a finding that the person is not guilty of such conduct in respect of the matters to which the allegation relates; and

(g) for publishing in the Federal Government Gazette of any direction of the Tribunal which has taken effect providing that a person’s name shall be struck off from the register.

(3) For the purpose of any proceeding before the Tribunal, any member of the Tribunal may administer oaths and any party to the proceedings may issue out of the registry of the High Court writs of subpoena ad testificandum and duces tecum, but no person appearing before the Tribunal shall be compelled to –

(a) make any statement before the Tribunal tending to incriminate himself; or

(b) produce any document under such a writ which he could not be compelled to produce at the trial of an action.

4. (1) For the purpose of advising the Tribunal on questions of law arising in the proceedings before it, there shall, in all such proceedings, be an Assessor to the Tribunal who shall be appointed by the Council on the nomination of the Attorney- General of the Federation and shall be a legal practitioner of at least 10 years standing.

(2) The Attorney-General of the Federation shall make rules as to the functions of Assessors appointed under this paragraph, and in particular, such rules shall contain provisions for securing –

(a) that where an Assessor advises the Tribunal on any question of law as to evidence, procedure or any other matter specified by the rules, he shall do so in the presence of every party or person representing a party to the proceedings who appears there or, if the advice is tendered while the Tribunal is deliberating in private, that every such party or person shall be informed what advice the Assessor has tendered; and

(b) that every such party or person shall be informed if in any case the Tribunal does not accept the advice of the Assessor on such question.

(3) An Assessor may be appointed under this paragraph either generally or for any particular proceeding or class of proceedings and shall hold and vacate office in accordance with the terms of the instrument by which he is appointed.

The Panel

5. The quorum of the Panel shall be three.

6. (1) The Panel may, at any of its meetings, make standing orders with respect to its activities.

(2) Subject to the provisions of any standing order, the Panel may regulate its own procedure.

Miscellaneous

7. (1) A person ceasing to be a member of the Tribunal or the Panel shall be eligible for reappointment as a member of that body.

(2) A person may, if otherwise eligible, be a member of both the Tribunal and the Panel, but no person who acted as a member of the Panel with respect to any case shall act as member of the Tribunal with respect to that case.

8. The Tribunal or the 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 the body or by reason of the fact that a person who was not entitled to do so took part in the proceedings of that body.

9. Any document authorised or required by virtue of this Act to be served on the Tribunal or the Panel shall be served on the Registrar appointed under section 6 of this Act.

10. Any expenses of the Tribunal or the Panel shall be defrayed by the Council.

8. (6)

EXPLANATORY PROVISIONS RELATING TO CAREER PATH PROGRESSION OF MEMBERS OF THE INSTITUTE

Career path for members of Chartered Institute of Professional Secretarial Staff of Nigeria

Upon coming into effect of the Institute and subject to the provisions of Part VI of this Act, members of the Institute employed in the services of either the Federal Government or the State Governments may progress, subject to the relevant Civil Service Rules and Conditions of Service as applied in the various ministries, departments and agencies, along the career path provided in this Schedule.

Officers Cadre:

Posts and Salaries

1.1 Confidential Secretary or Bilingual Secretary Grade I - Grade Level 08

1 .2 Senior Confidential Secretary or Senior Bilingual Secretary - Grade Level 09

1.3 Principal Confidential Secretary [I or Principal Bilingual Secretary II - Grade Level 10

1.4 Principal Confidential Secretary I or Principal Bilingual Secretary - Grade Level 12

1.5 Assistant Chief Confidential Secretary or Asst. Chief Bilingual – Secretary Grade Level 13

1.6 Chief Confidential Secretary or Chief Bilingual Secretary - Grade Level 14

1.7 Assistant Director (Office Technology and Management Services) - Grade Level 15

1.8 Deputy Director (Office Technology and Management Services) - Grade Level 16

1.9 Director (Office Technology and Management Services) - Grade Level 17.