CONSTITUTION OF NIGERIAN SOCIETY OF MINING ENGINEERS
PREAMBLE
We, the Mining and Mineral Processing Engineers in Nigeria, have realized the relevance of coming together as an organization for the furtherance of the science and practice of mining and mineral processing engineering profession, do hereby give to ourselves the following Constitution.
PART I – NAME
PART II – INTERPRETATION
(a) all sections are numbered 1, 2, 3, etc, sub-section labeled with lower case letters in bracket e.g. (a) , (b), (c) while divisions of sub-sections are numbered with lower case Roman numerals e.g I, ii, iii etc.
(b) Unless the context states otherwise –
“AGM” means Annual General Meeting of the Society
“AIME” means American Institute of Mining, Mettalurgical & Petroleum Engineers
“COMEC” means the Council of Nigerian Mining Engineers and Geoscientists.
“Chapter” means a branch of the Society.
“Elders” refers to the Past Presidents, Trustees and Patrons of the Society.
“Exco” means the Executive Committee of the Council or Chapter of the Society.
“the Fund” means the Benevolent Fund of the Society.
“immediate family” means any member of the deceased’s family namely spouse, children or biological parents.
“male gender” includes the female gender.
“member” means any person whose admission into the Society is approved by the Council.
“Member” is a class of members of the Society.
“mineral processing” includes extractive metallurgy.
“profession” means mining and/or mineral processing engineering
“Register” means the book into which the names, etc of members of the Society are entered and maintained.
PART III – AIMS AND OBJECTIVES
(a) to bring together all the Mining and Mineral Processing Engineers in Nigeria as members of the Society.
(b) to advance the science and practice of engineering in the fields of mining and mineral processing.
(c) to afford a means for facilitating the acquisition and preservation of the knowledge which pertains to the professions of mining and mineral processing.
(d) to represent its specialist interests and its members in Nigerian Mining and Geosciences Society (NMGS) and other Nigerian related professional/regulatory bodies where applicable.
(e) to represent to any Government the views of the Society on any legislative enactment or proposed legislation or any other subject(s) of concern or interest to the Society in Nigeria.
(f) to establish professional relation with international bodies such as institution of other related international professional bodies.
(g) to ensure the maintenance of high standards and regulation of professional practices in mining and related industries and ascertain high academic and professional standards in mining and related programmes in institutions of higher learning in Nigeria.
(h) to enhance the welfare and ensure the protection of the interest of members of the Society.
PART IV – MEMBERSHIP
(a) Corporate – these shall comprise of the following classes
* He shall have been a Member for at least fifteen (15) years and shall have satisfied the conditions for admission as a Member
* he shall have been engaged in the practice of his profession as mining and/or mineral processing engineer for a t least ten (10) years in charge of important operations or as a consultant or adviser or as a holder of an important post in teaching or research in subjects relevant to his profession.
* his training, technical experience and degree of responsibility shall satisfy his professional status as a mining and/or mineral processi9ng engineer.
* he shall have contributed immensely to the progress and a advancement of the profession and the society.
* he shall have satisfied such other requirements as the Council may lay down from time to time.
* provided that a person who has been transferred or elected a Fellow and his name is on the Register as such, shall be a Fellow.
(b) Non-Corporate – these shall comprise of the following classes:
iii. Affiliates shall be persons of not less than twenty-five years of age who are engaged professionally in the minerals industry or in work connected with it but do not meet the requirements for admission to Corporate membership. Any such person shall satisfy the Council that he is a fit and proper person to become an Affiliate.
Iv Students shall be person who are being educated or trained in accredited programmes for and who intend to adopt the profession of mining or mineral processing. Any such person shall not be allowed to remain in this class of membership after he has satisfied the conditions for transfer or election to Graduate membership
(c) Institutional Members: – in addition to the classes or membership in this section, there shall be institutional Members who shall be registered corporate organizations engaged in the Nigerian mineral industry.
A candidate transferred or elected to any of categories/classes of membership of the Society shall have his names entered in the Register or members of the Society.
Any Fellow, Member or Honorary Fellow having occasion to designate himself as belonging to the Society may use FNSME, MNSME, HFNSME respectively for indicating the class to which he belongs. The use of abbreviated titles is restricted to these classes of membership.
There shall be kept a register wherein the names of candidates transferred or elected to any of the categories/classes of membership of the Society shall be entered and maintained.
A member shall cease to belong to the Society if at any time he:
PART V – PATRONS
(b) Patrons shall be nominated by Council and confirmed at the AGM
Patrons shall act on advisory capacity to the Society.
PART VI – PROCEDURE FOR ELECTION AND/OR TRANSFER TO THE VARIOUS CATEGORIES/CLASSES OF MEMBERSHIP
7 Applications for transfer or election shall be in such a form as may from time to time be approved by the Council. All application forms for election or transfer to the various classes of membership must be supported as follows:
(a) Fellows – by 6 Corporate members 2 of who must be Fellows and a recommendation form the applicant’s Chapter
(b) Members – by 4 Corporate members
(c) Affiliates and Graduates – by 2 Corporate members
(d) Students – by Head of Department of applicant’s institution.
PART VII – ORGANISATION
11 The National Body of the Society shall be the apex of the Society and shall be run by the Council Nation-wide.
12 There shall be Chapters of the Society to be run by their respective Excos. Each Chapter shall comprise a number of the states of the Federation which for time being shall have their centres as follows:
(a) Abuja – Federal Capital territory, Nassarawa and Niger States
(b) Akure – Ondo, Ekiti, Oyo, Ogun, Lagos and Osun states
(c) Enugu – Enugu, Anambra, Imo, Abi, Cross-River , Rivers, Akwa-Ibom, Delta, Ebonyi and Bayelsa states
(d) Jos – Plateau, Bauchi, Gombe, Borno, Yobe, Adamawa and Taraba states
(e) Kaduna – Kaduna, Kano, Jigawa, Katsina, Sokoto, Kebbi and Zamfara states
(f) Okene – Kwara, Kogi, Benue and Edo states.
PART VII – COMPOSITION OF THE COUNCIL, EXCO AND DUTIES OF OFFICERS
13 The Exco of the Council shall comprise the President, 2 Vice Presidents (1st and 2nd) Secretary General, Assistant Secretary General, Financial Secretary, Treasurer, Publicity Secretary, Social Secretary, Editor-in-Chief, Auditor and immediate Past president who shall be Corporate Members
14 The Non-Exco of the Council shall comprise two Fellows, six Members-in-Council, two Patrons and two institutional members.
16 Each Chapter shall have its Exco comprising the Chairman, Deputy Chairman, Secretary, Assistant Secretary, Financial Secretary, Treasurer, Publicity/Social Secretary and Auditor.
17 The Council shall draw up an Annual Report on the affairs of the Society which shall be presented at the Annual General Meeting, together with a statement of audited Accounts of the Society and the Funds thereof. This shall constitute in part or permanent record of the proceeding of the Society.
(b) The Council shall have power to constitute Ad-hoc and/or Standing Committee and/or Panels for the purposes of carrying our various assignments or duties of the Society. Provided that the President shall exercise such power on behalf of the Council as and when necessary.
(c) Standing Committee of the Society shall include those for Benevolent Fund, Editorial, Consultancy Services and Publicity while Panels shall include those for investigation and Disciplinary.
(d) Council shall appoint the Chairman and Secretary of any Committee of the Society. This section applies to the Exco at individual Chapter levels where appropriate.
(a) The President shall, subject to section 19 of this Constitution, request any member(s) of the Society to undertake other assignments or duties on behalf of the Society.
(b) The 1st Vice President shall have the mandate to act for the President in the absence of the latter. In absence of the President and 1st Vice President, the 2nd Vice President shall act for the President
(c) The Secretary General shall:
iii. update and circulate the list of members of the Society every two years.
(d) The Assistant Secretary General shall assist the Secretary General in all his duties and will act for him in the vent of his absence.
(e) The Financial Secretary shall:
iii. produce and make available to the Council, Annual Financial Report for the year ending 30th September.
(f) The treasurer shall:
(g) The Publicity Secretary shall:
iii. be the Chairman of the Publicity Committee which shall publish the Society’s news bulletin – “The Miner” from time to time.
(h) The Social Secretary shall organize all social activities of the Society.
(i) The Editor-In-Chief shall preside over all meetings of the Editorial Committee shall be responsible for the publication of the Society’s journal – “The Nigerian Mining Journal”
(j) The Auditor shall:
(k) The Member-In-Council shall:
ii discharge assignment(s) given to him by the Council.
(l) The Patrons shall endeavour to support the Society whenever the need arises as may be communicated to them.
(m) At the Chapter level, the corresponding officers to those under sub-sections (a) to (k) of this section, where applicable shall perform their respective duties accordingly.
PART IX – MEETINGS
20 (a) The Council shall as far as possible hold minimum of six (6) meetings per term of two years
(b) The Society may hold Ordinary General Meeting (OGM) as and when necessary
(c) All members shall attend Ordinary and Annual General Meetings. Twenty five percent of voting members present shall constitute a quorum for the purposes of Ordinary and Annual General Meetings
(e) For the purpose of constituting a quorum, attendance of all voting members shall be taken covering names and membership numbers of such members on the day of the AGM.
(f) In the event that a quorum is not formed for the purpose of holding an AGM at which election is to be conducted, incumbent Members of Council may continue to hold their respective offices to when such AGM holds.
(g) The Council may at any time call an Extra-Ordinary General Meeting (EGM) of Corporate members for a specific purpose of concern to the Society. Twenty-five percent of the Corporate members present shall constitute a quorum for the purpose of an EGM
(h) Two-thirds majority of votes of those present shall decide any proposal moved at an EGM.
(i) The proceedings and other topical matters of the Society shall be published in “The Miner”
The Provision of this section shall apply to each Chapter as appropriate.
21 (a) The president shall preside over all meetings of the Society (other than those of Chapters, Committees and Panels to which he is not the Chairman) at which he is present and shall regulate and keep order in the proceedings. In the absence of the President, the 1st or the 2nd Vice President in that order shall preside at the meetings of the Society and of the Council. In the absence of these three officers at any such meetings, the house shall elect a Protem Chairman to preside over the meeting.
(b) The Chapter Chairman shall preside over all meetings of his Chapter (other than those of Committees and Panels to which he is not the Chairman) at which he is present and shall regulate and keep order in the proceedings. In the absence of the Chairman, the Deputy Chairman shall ,preside at such meetings of the Chapter. In the absence of these two officers at any such meetings, the house shall elect a Protem Chairman to preside over the meeting.
(b) If any Member of Council is absent from two (2) successive meetings of the Council without written explanation of his absence, the Council shall deem his membership of the Council to have lapsed.
The Provisions of this section shall apply each Chapter as appropriate.
PART X – ELECTIONS, APPOINTMENTS AND TENURE OF OFFICERS
23 The Council shall appoint an Electoral Chairman and/or Panel of not more than 5 members at the meeting immediately preceding any election, to scrutinize all applicants and conduct the election for the various offices of the Society in such a manner that is proper and dignifying to the Society.
24 Any Corporate member wishing to contest election shall be nominated by a fully paid up Corporate member and supported by a fully paid up Corporate member and the contesting member shall also be fully paid up member.
25 A Corporate member seeking an elective office shall be disqualified if he conducts his campaign in such a manner as to discredit his rivals or behaves in a manner that will portray the image of the Society in a bad light.
28 The Exco shall be elected by Members of Council while the Non-Exco shall be elected by the Geneal Meeting, provided that in the event of any vacancy in the Council during its tenure, the Council shall appoint a duly qualified member to fill such vacancy.
(b) Immediate Past president shall be a Member of Council for two consecutive terms from the expiry of his tenure as President.
PART XI – FINANCES
31 The finances of the Society shall be made up o entrance fees, transfer fees, annual subscriptions and contributions payable by members as well as realizable funds from sales, services and donations.
32 The entrance fees and annual subscriptions payable by members shall be at rates fixed by the Council from time to time and subsequently confirmed by a simple majority of votes of members at the next Annual General Meeting.
Fellow (by Invitation) – N150,000
Fellow (by Application) – N 25,000
Member – N10,000
Affiliate – N10,000
Graduate – N5,000
Student – N2,500
Institutional member – M100,000
Fellow – N3,000
Member – N10,000
Affiliate – N10,000
Graduate – N5,000
Student – N2,500
Institutional member – N100,000
Fellow – N25,000
Member – N10,000
Affiliate – N10,000
Graduate – N5,000
34 All subscriptions shall become due on the last day of the month preceding the AGM in each year. Subscriptions and entrance fees shall be paid to the Financial Secretary of the Society.
36 The Society shall have Bank Accounts.
(a) The Treasurer within two working days must lodge all monies in the Society’s Bank Account
(b) The signatories to the accounts shall be the following Members of Council that is to say:
iii. 1st Vice President
(c) The Account shall be operated by two signatories that is to say by the Treasurer and President or by the Treasurer and 1st Vice President in that order.
(d) The Benevolent Fund account shall different signatories in accordance with section 58 (c)of this Constitution
(e) All expenditures and payments shall receive approval of the President or in his absence, the Vice President in order of hierarchy.
(f) At the Chapter level, the corresponding officers shall apply in sub-sections (b), (c) and (e) hereof.
PART XII – PROFESSIONAL CONDUCT & DISCIPLINARY MEASURES
37 A member shall at all times so order his conduct as to uphold the dignity and reputation of his profession and to safe-guard the public interest in matters of safely, health and otherwise. He shall exercise his professional skill and judgment to the best of his ability and discharge his professional responsibilities with honesty and integrity.
38 The Council shall make and promulgate Code of Conduct and Ethics with which all members shall conform.
39 The Council shall regulations for the enforcement of the Code of Conduct and Ethics
40 In the event of an alleged professional misconduct, the Council shall appoint an investigation Panel of seven Members of Council and a Disciplinary Panel of three Members of Council.
(a) the professional conduct of a member if the Council is of the opinion that the member’s conduct has become the subject of inquiry.
(b) any written allegation by reputable members that a member has committed a breach of the Code of Conduct and Ethics.
42 (a) At the conclusion of its inquiry the Investigation Panel shall report to the Council whether or not the matter shall be referred to the Disciplinary Panel. If it recommends a reference to the Disciplinary Panel, the Council shall mandate the Disciplinary Panel to commence work.
(b) If the Council refers matter to the Disciplinary Panel, it shall make a specific charge or include the charge or charges, a report of the inquiry made by the investigation Panel an the relevant correspondence and documents. At the same time copy of the reference shall be supplied to the member charged.
43 A member of the Investigation Panel shall not serve in the Disciplinary Panel.
44 The affected member shall be given notice of and be entitled to be present and be represented at the hearing of the charges against him before the Disciplinary Panel. He shall be entitled to challenge any evidence and to adduce such evidence as he may think fit and to be hear himself or through his representative in his defence.
(a) the case be dismissed or
(b) the member be warned as to his future conduct, or
(c) the member be reprimanded, or
(d) the member be suspended for a specific period, or
(e) the member be expelled or
(f) any other disciplinary action the Council may decide.
46 The Council shall, after due consideration of the recommendation of the Disciplinary Panel, communicate its decision in writing to the member concerned on the allegation preferred against him.
47 Recommendations or decisions by an Investigation Panel or the Council shall be made on not less than the votes of two-thirds of the members present.
PART XIII – PROPERTY AND EFFECTS
PART XIV – TRUSTEES
50 (a) There shall be Trustees for the Society who shall be appointed by the Council from among the Patrons, Past Presidents and Fellows of the Society and confirmed at the next General Meeting
(b) The Trustees of the Society shall:
(i) for the purpose of the Land (perpetual succession) Act Chapter 98 be appointed by Council and confirmed at a General Meeting:
(ii) be nine (9) in number
(iii) appoint their Chairman and Secretary from amongst themselves.
(iv) hold meetings as an when they deem necessary.
(v) In the event that the Council becomes disorganized, have power to take all necessary steps to restore normalcy
(vi) have records of the proceedings of the Society through their members that are also Members of Council
(c) The Trustees may hold office for life, but a Trustee shall cease to hold office if at any time he:
(i) resigns his office
(ii) ceases to be a member of the Trustees of the Society.
(iii) becomes insane
(iv) is officially declared bankrupt
(v) is recommended by the Disciplinary Panel to the Council whose decision conforms with any of sub-sections (b) to (f) of section 45 of this Constitution.
(vi) is convicted of criminal offence involving dishonesty by a Court of competent jurisdiction,
(vii) is recommended for removal from office by the Trustees’ majority vote of members present at a meeting of the Trustees,
(viii) ceases to reside in Nigeria.
(d) Upon a vacancy occurring in the number of Trustees, the Council shall appoint a replacement to fill such a vacancy to be confirmed at a subsequent General Meeting
(e) The Trustees shall have a Common Seal
(f) Such Common Seal will be kept in the custody of the Secretary General who shall produce it for use by the Trustees.
(g) All documents to be executed by the Trustees shall be signed by any three of them and sealed with the Common Seal.
(h) The Trustees shall apply to the Minister for Certificate of Incorporation under the Land (Perpetual Succession) Act Chapter 98
(i) If such Certificate is granted the Trustees shall have power to accept and hold in trust, all land belonging to the Society and acquire land on behalf of the Society subject to such condition as the Minister may impose.
PART XV – BENEVOLENT FUND
51 The Society shall have a Benevolent Fund (hereinafter referred to as “the Fund”) for the purpose of assisting bereaved/distressed members or their immediate families.
53 Until such time as may be determined otherwise by Council, the financial contributions payable into the Fund shall be
(a) by each member at a minimum of N2,000 initially and thereafter annually at 25% of the member’s annual subscription.
(b) by the Society at 25% of surplus funds from AGMs and
(c) from any other source approved by Council.
54 Only contributing members to the Fund or their immediate families shall enjoy assistance from the Fund.
55 All members’ contributions shall become due and payable on the last day of the month preceding the AGM in each year. Such contributions shall be paid to the Committee of the Fund
57 (a) The Fund shall be managed by a five Corporate-member Committee
(b) Members of the Committee of the Fund shall hold office for five years and any such member may be re-appointed for another term of five years provided that any member of the Committee of the Fund shall cease to hold such office if at any time he:
iii. becomes insane
iv is officially declared bankrupt
vii. is recommended for removal from office by a majority vote of members of the Committee present at a meeting of the Committee.
viii. ceases to reside in Nigeria
(c) Upon a vacancy occurring in the number of members of the Fund Committee, the Council shall appoint a replacement to fill such a vacancy.
58 The Fund Committee shall:
(a) hold meetings as and when it deems necessary
(b) report all its proceedings to the Council at the Council meetings
(c) operate the Fund account with three signatories namely the Fund Committee Chairman and any one of two members of the Fund Committee to be appointed by the Fund Committee.
(d) on receiving the information referred to in section 56 above, work out the appropriate financial assistance payable to the affected member or his immediate family in accordance with the corresponding formula below
(i) at the ratio of (the affected member’s contribution in sub-section 53 (a) above to {the total amount occurring members in sub-section 53 (a) above} multiplied by 50% of the total amount accruing from contributions in sub-sections 53 (b) & (c) above in addition to the total amount contributed by the member in sub section 53(a) above where the member is bereaved or
(ii) at the ratio of {the affected member’s contribution in sub-section 53 (a) above} multiplied by the total amount accruing from contributions in sub-sections 53 (b) & (c) above in addition to the total amount contributed by the member in sub-section 53(a) above where the member’s immediate family is bereaved or the member ceases to belong to the Society under section 4(h) of this constitution.
Example – where a member or his spouse is bereaved and the member’s contribution in sub-section 53(a) above is N25,000 while the total amount accruing from all contributing members in sub-section 53(a) above is N1,000,000 and total amount accruing from contributions in sub-sections 53(b) & (c) are N750,000 & N250,000 respectively, then the appropriate financial assistance payable to the affected member or his immediate family will be calculated as follows;
(e) ensure that all payments or disbursement to be made from the Fund account receive the approval in accordance with section 36(e) of this Constitution.
(f) pay the worked out financial assistance in sub-section 58 (d) above to the affected