Enugu State Grains Production Agency Law

,.. . ,·,., . Enugu Stale Grains Production Agency (CAP. 56 CHAPTER56 ENUGU ST ATE GRAINS PRODUCTION AGENCY LAW Arrangement o.fsections Section I. Short title. ., · 3. 4. 5. 6. 7. 8. 9. ) 0. I J. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26 . Interpretation . Establishment of Agency. Establishment of Board. Board to exercise functions of Agency. Validity of Board's proceedings. Tenure of office. Remuneration and allowance. Delegation of functions. Functions of Agency. Quorum. Staff. Appointment and functions of General Manager. Nature of service. Funds of Agency. Application of funds and resources. Borrowing powers. Annual estimates. Reports, accounts and auditing. Exemptiqn from liability. Status of a participant. Restriction on execution. Representation in court. Common seal. Contract not requiring a seal. Regulations. 1767 En.ugu State Grains Production Ag~ncy [CAP. 56 , · 1769 CHAPTER 56 ENUGU STATE GRAINS PRODUCTION AGENCY LAW A Law to provide for the establishment of a grains production agency as a catalyst for the promotion of enhanced production of grains in the State. ENSL 1998 No.9 [27th August, J991I · 1. This Law may be cited as the Enugu State Grains Production Agency Short title. L~. . 2.In this Law- Interpretation. "Board" means· Management Board of the Agency established by section 3; "Chairman" means Chairman of the Board; "Commissioner" means State Commissioner for the time being charged· with responsibility for matters relating to agriculture; "General Manager" means General Manager of ~he Agency; "Governor" means Governor of Enugu.State; "grains" includes maize, rice, soyabean, cowpea and sorghum; "member" means member of the Board; · "participant" means a person duly select~d by ~he Agency to be a participant .. in the scheme; . "prescribe" means prescribe by regulations; · "State" means Enugu State of Nigeria. Establishment 3. (1) There is hereby established for the State a body.to be known as the of Agency . . Enugu State Grains Production Agency. (2) The Agency shall be a body corporate with perpetual succession and a common seal and with power to sue and be sued in its corporate name and · to acquire, hold and dispose of property. . ' .. ' · . , ... ·. . ·. ... ~ .. '.,.• ., . . ,, .-1770 CAP. 56] Enugu State Grains Production Agency Establi:1hmen1. . - of th~ Bo 81'd Board to '. exercise funwons of the Agency. . Validity of Boatd's Proccedinp . . 4.( l) There is hereby established for the Agency a "Board to be known as the Management Board of the Agency which shall comprise (a) a Chairman f-lppointed on part-time basis by the Governor; (b) not less than five and not more than eight fit and proper persons appointed on part-time basis by the Governor; (c) a representative each of-· (i) the Governor; (ii) the Ministry for the time being responsible for matters relating . to agriculture; (iii) the Ministry for the time being responsible for matters relating to finan~e and economic planning; (iv) the Ministry or Department for the time being responsible for matters relating to rural development. (v) the Department of Agriculture of any of the Universities sited in the State as the Commissioner may designate; and (d) the General manager. . (2) The persons who are members by virtue of paragraphs ( c) and (d) of subsection ( 1) are ex officio members. . . 5. The Board is the governing body of the Agency and shall in that capacity (a) exercise all the functions of the Agency; and {b) do or carry out all acts -or things which the Agency is by this Law or may by any other written law be required to do or carry out. ·. 6. 'Die validity of the pro~eedi~g~ of the Board shall not be affected by any vacancy among the members or .any irregularity in the appointment of a · member. ,~ · Tenure,of · · 1;.(l}°Subject to the pleasure o-fthe Governor, a member not being-an ex { • Office'. : .. . · .-- officio member· shall hold Office for such period nQt exce~ding thre~ years as :1 ,. ·. - · - .:.: : . may .be specified: in the in strument or letter l)y which he is appo111ted; but . ',t·: ": · . <: .;·: .' .. everysuch member shall'be eligible for -re .. appointme~t. · . . . t . . : :· .- .. . ·.. . . . . . . . . . , ·. ; .. - . \\ ; . · .. · · · (2) Notwitnstanding anything contained ·in the instrument or l~tter by whi~h f: . . . :-. . . . he is appointed, a member may resi~:hii appointment Sy writing under his 1 : . ' · · bandaddressedtotheGovern~randuponreceiptbytheGovernoroftheletter . :··:.· :·, .. : of resignation-the appointment-forth~ member:~hall qeterm,.~ne . . ' ". ' . - ' ,·. .: . . ' . ' - . . · ... . · ... Enugu State Grains Production Agency (CAP. 56 1771 8. There shall be paid to the members, other than ex officio members such remuneration or allowances as the Governor may approve. 9. The Board may delegate to any person or body such of the functi ons of the Agency under this Law as the Board thinks may be more conveniently dealt with by such person or body so as to enhance the efficient conduct of the affairs of the Agency. 10. (1) Subject to this Law, the Agency is charged with the following functions, that is to say (a) to negotiate with any person or community who or which has an interest in land and obtain or secure from such person or community, upon such terms as may seem to the Agency most favourable, land for the purpose of the grain production scheme; (b) to call for and conduct the registration of persons who intend to participate in the scheme; ( c) to conduct interviews and, in accordance with such criteria as it may establish, select persons considered by it to be qualified as participants; ( d) to apportion the land obtained or secured by it pursuant to this Law among the participants so as to enable each participant cultivate grains on the portion allotted to him; ( e) upon such terms and conditions as it may determine, to provide seeds, agro-che1nicals and fertilizer, and generally supervise the activities of the participants in their farms; (f) to prescribe the method of sharing between it and the grains by the participants; (g) to prescribe the method of disposal to the members of the public, or of storage, of its own share of the harvested grains; . (h) subject to such conditions as it 111ay impose. to pay to participants such stipends or allowances as it may by regulations prescribe; . (i) to liaise, as may be neces·sary, with any person or body of persons whether . corporate or unincorporate, communities, · . government agencies and local g9vernments in.the formulation and implementation of programmes designed to attain ·the purposes of this .Law; . .. . . . .+= RemuncrnJ ion and allowanc~:s. Ddcgations of functions, . f unctions or A gene~ . .. . . . ~ : .. ', : · . : -· • :' f •• ;, ... ,• . ·-~ -~ ... . "1'772 . · ·, . ~~P. 561 Enugu State Grains Produclion Agency Quorum. Haff (j) upon such terms and conditions as it may determine, to give or render to any person or body of persons whether corporate or unincorporatc, upon request, such advice, assistance or service as relates to grains production. (k) to do all such other things as may enable the Agency more effectually perform its functions under this Law; (2) [n carrying out any of its functions under this Law, the Agency may, wherever and whenevcr·practicable, utilize the services of the local communities through encouraging such communities to contribute in labour and 1naterials. (3) A meeting of the Board shall he presided over by the Chairman but in his absence or incapacity, the members present shall elect from among their member one person to preside at the meeting and the person so elected shall have all the powers and privileges of tl~e Chairman for that meeting. ( 4) Subject to the provisions or this section, the Board n1ay n1ake standing orders for regulating its procedure. (5) The· Board may co-opt any person to attend any of its 1neetings and such person while so co-opted shall be entitled to participate fully in deliberations at the meeting except that he shall not be entitled to vote on any question. 11. At any tneeting of the Board, the Chairman and any four members shaJJ form a quorun1, but where the Chainnan is absent from meeting any six men1bers shall form a quorum. 12. ( 1) For the effectual carrying out of its functions under this Law, the Agency n1ay requcsl through the office of the Governor for, and with the approval of the Governor obtain, the assistance or services of any person being a person c1nploy~d in the pubic service of the State, and may assjg,1 to that person such gonurnl or specific duties as it considers fit. (2) Without pr~;uuic~ tn subsection (I), the Board may - . (u) appoint such pctsons ns it nu,y consider necessa1?' to b e off1ccrs und survnnts nf the Agl!ncy ~nd shall determine their salaries, c111<1lun1~r,h, untl conditions ·of service; . ~ (b) ·11u1kc-f'c~utatJn1tN r~lnting tu the discipline and conduct of the staff of tht: Aµ, •m:y, ....... :'· · .. En11g11 State Grains Prodw.:tion Agency (CAP. 56 1773 ... 13. ( l) l~he Governor shall, after consultation with the Board, appoint .a fit and suitable person to be the General Manager of the J\gency. (2) Subject to the pkasure of the Gover11or. the general Manager shall hold otlice for such period not exceeding tht'ee years as may be specified in the instrument or letter b) which he is appointed; but he shall be eligible for re-appointment for another term of three years. (3) The General Manager shall-... (a) be responsible for carrying out the policy decisions of the Board and for the co-ordination and direction of all functions of the departments of the Agency. (b) be responsible to the Board for the proper management of the business of the Agency. the upkeep and preservation of the property of the Agency and the overall supervision of staff matters. 14. Service under the Agency shall b~ public service for pension purposes within the meaning of the Pensions Law. 15. (I) The funds of the Agency shall consist of ( a) such moneys as may from time to time be appropriated by the State Government or the Government of the Federation for the purposes of the Agency. (b) any sum earned by, or accruing to. the Agency from the sale or distribution of any commodity. property or produce in the ex.ercise of its functions~ (c) mo,:ieysaccruing to the Agency by way of endowment. grants, donations, gifts or otherwise: (d) any loans made to the Agency: (e) such other sums of money as mny in nny mnnner become ·payable to or vested in the Ag.c'ncy in connection with its functions under this Law, 16. The funds and resources of th~ Ag,mcy shnll be npplicd by the Agency in pursuance of its func1ions undcl' this I ,nw. · 17. The Agency may, with the approYnl--nf the Governor as to-:- . 'Appointment and functions ·or General Manager . . Nature of Sen·ice Fund of the Agency. Applkntion fm Funds and · Resources. ·J3ormwinu. Powers. · -. · . ' .. . . . ,- ~ \ .. : . ,: .. - ... ' .. · . ... ··--.. . : . , ; · ·;,:: CAP-. 56) Enugu State Grains Production Agency Annual Estimat~s. Reports, Accounts and Auditing. Exemption · from Liability . . . Status .of a Participant. (a} the amount which the Agency seeks to borrow; (b) the proposed lender; (c) the particular purpose for which the loan is required; and (d) the terms upon which the loan is to be raised; · borrow any sum of money required for meeting its obligations or discharging its functions under this Law. 18. The Agency shall not later than the 30th day of November in each year, prepare and submit to the Governor, estimates of the income and expenditure · · of the Agency for the next ensuing financial year. 19 .( l) As soon as may be after the end of each financial year but not later than the 3 1 st day of March next following, the Agency shall (a) prepare a general report of its proceedings and activities during the preceding year~ and (b) transmit to the Go vernor, that report together with a certified copy of the audited accounts of the Agency. (2) The Board shall cause to be kept (a) proper books of accounts; (b) proper records relating to such accounts in a form prescribed by the State Commissioner responsible for matters relating to finance. (3) The accounts of the Agency shall be audited annually by such auditors as may, with the approval of the Governor, be appointed in that behalf by the Agency. (4) The accounts of the Agency together with the auditor's report thereon shall in each year be laid before the State Public Accounts Committee . . 20. No member or servant of the Agency shall be personally liable for any act or default of the ·Agency done or on1itted to be done in good faith in the course of the business of the Agency. · 21. For the avoidance of doubt, it is hcr~by declared that a participant in the sc~eine i~ not a person employed. or otherwise engaged in the public . servic e of the State .within the··tneinfng 9r ~e.c~i<;>n 3 I 8-( i) of the Constitution ~fthe Federal Repi1bHc ?fNige"ria,- l99Q and ·t1iitthe relatronship thereby · created between the Agency .<?.r lh~, State Governniehtarid a participant is not ~nd shall not be·eonstrueq. a.s tI1at which exists between a master and servant. . . . . ' ··' . . · . . . • •" I ... . , l~l'.1;;~:;:-:~7 ' · .. ' ' ',. '' ··-·· ,,, ., '<• fi::: :·· · · 141iiignSH11e (Jrai1A\ Prod11<'tiw1 A[!ency . . ,{CAP: 56 . .• · 177$ ffi·':: ;-:-.' . . . ' .. -22: . in an:r snit-:against theAgency~ . no writ of CXCCL~tiot1 or attachn;ent ' Rttstriction on ' it·:;:.·- ·:--, .; / pr (?ther proct~ss· in the t:iah\re of any such writ shall be issued agaitts·t the Exectition. - - . t· .. '-:· -· : . · · Agency,bnt anyjudgment debt accruing against the Agency shall be .paid j ::" .. ' -. :from the funds of the Agency. . . t i· : \:.,i ' }, ·. :-· - ., i:.f. : ~-· -,: -- · : · -- - - o:-. . , "-. -:2~,-( 1 f Adtbany stage of the proceedings in any suit, the Agency may be - R~presentation · . · · , ·. t:epresenle y - - in Court.· . · .-· · - - · (a) · a servant of the Agency duly authorized in writing . in that ~ehalf by the Agency, or ,(b) . a legal practitioner authorized in writing in that Agency. ·-·. . - (2) For purpose of subsection (1) of this section, '·suit" includes any .. . action or civil proceeding commenced by a writ of summons or in such / ./ · -' - :. -·qther rnanner as may be prescribed by rules of court but does not include i(.: ,~ '-: · · criminal pi·oceedings. t,. . ., ·-,." {<-:: .. · , . . i~'\'' -.· .[ !·.- . ·' ' l. J>> . .--:. , i 24. the ·affixing of the seal of the Agency shall be authenticated by the signatures of the Chairman or some other member authorized, either ·. generally or specifically, by the Agency to act in his stead for the purpose, and of the Secretary or some other person authorized, either generally or specialJy ~ by the Agency to act in his stead for the purpose. : 2-5. Ariy contract or instrument ,vhich if entered into or executed by a · ... ·'.perso~rnotbeing a hody corporate would not require to be linder seal may ,,. . . '. 0:b{ entered· into or. executed on behalf of the Agency by any person ·ft .;: . : ·,: :~· .:~;g~p;rally o:r specifically authorised by the Agency for that purpose. !;ift · "· .· - . -' · :·:: " :· : ' '. . ' . ' . ?it/ ·-.'. ;·~·- ·.; -:-- ,:,~·26 .. The~:Agencyinay ~ith~he appr~val of the Governor make · :·J( ·· - : :,. -~ · reiul~tious.:r~Iating .to such ~~Hers as, in its opinion~ are nece~sa~y for the ' .-,t·-", .' . - : .. pr~p~re.xecutio,nof~h~ prov1s10ns oftlusLaw and, without pre,1ud1ce to the ::ff:·-:- ,':<·) :·;;:\ :,general i ty'ce}f\h~ :power,se conferred~ any regulations made under this :ji/\ ' /::.'/:/ :i·se~'t°i'.<:>n-rii.ay provide fQr,ahy nJattcr or thing rcqujred to be prescribed under :·!:!I<:?<'-\;. .. ' tfie:piov.t'sioniU:lthis Law· · · -. · - · - . . · tj.;{? {,};{} > : : ,. i .' ' ' ; •.. • . , , ,·' ·, ~ . '. . . •, . :, . ·:·. ' . . ' ::, : .. •, .-\;, ~ .. • , •• · ' '. . i ,, ' •• -• • . · • ·,I •L' :~: • ~ ,' \ . ~:-,, ·,'. • · ~ : >, '\.~··<~ ~:,.(, .:, Common S\!"a.L. Contract nnt requir.ing .i Seal.. · Regulations. . -~ . . ' . •,· .. ·• -~