River Basins Development Authorities Decree 1979 (Decree No. 87)

Reprint from Supplement to Official Gazette Exsroodinary No. 48, Vol. 66, 29tJ& September. 1979 Part-A RIVER BASINS DEVELOPME.-'tL" AlJTHORITIES DECREE 1979 Decree No. S!r1 [28th September 1979] THE FEDERAL MILITARY GOv"E...TL~'l'T hereby decrees as follows : 1. There shall be continued in being, in. ao::DCdance with the provisions of this Decree, the eleven bodies corporate k:no'inl by the following names, that is to say (a) the Sokoto-Rima River Basin Development Authority ; (b) the Hadejia-Jama'are River BasinD~ent Authority; (c) the Chad Basin Development Authority ; (d) the Upper Benue River Basin Developcceat Authority : (e) the Lower Benue River Basin Developmo::nt Authority ; (f) the Cross River Basin Development ..!.m:bority ; (g) the Anambra-Imo River Basin Development Authority ; (h) the Niger River Basin Development ..!.mhority ; (i) the Ogun-Oshun River Basin Developcoear Authority ; (j) the Benin-Owena River Basin Developmo::nt Authority; and" (k) the Niger Delta Basin Developmenc ..!..m:bority ; which shall in their respective areas have~ powers and exercise such functions as are specified in this Decree. 2..-(1) Each Authority shall consist of the fullowing members. that is to say (a) in respect of the Sokoto-Rima River Bzsm Development Authority (i) three persons who possess detailed knowledge of the area of the Authority appointed by the Federal Execazive Council, one of whom shall be appointed as Chairman of the .:\uthority at the time of his appointment ; (ii) the Permanent Secretary, Federal Ministry of Agriculture and Water Resources or his representative ; (iii) three persons appointed by the GO~ent of Sokoto State; A 683 Commence ment. River Basins Develop ment Autho rities con tinued in being. Membership. 1979 No. 87 River BasinsDev~ Authoritus (i~l) the Permanent Secretary, Sokoto Sa1:e Ministry of Agriculture and Natural Resources or his representative ; (v) one person appointed by the GoveIJlIT!C"Ot of Kaduna State; (vi) the Permanent Secretary, Kaduna Sarte Ministry of Agriculture and Natural Resources or his representative ; (b) in respect of the Hadejia-Jama'are RIver Basin Development Authority (i) three persons who possess detailed knowledge of the area of the Authority appointed by the Federal ExenJlice Council, one of whom shall be appointed as Chairman of the Amhority at the time of his appointment and one of the remaining two persons who shall be from the Bedde Local Goveinment area of Bomo Sate ; (ii) the Permanent Secretary, Federal Mmistry of Agriculture and Water Resources or his representative; (iii) three persons appointed by the GoV"C:Dl!!Ilent of Kano State; (vi) the Permanent Secretary, Kano State :Ministry of Agriculture and Natural Resources or his representative; (e) one person appointed by the Governreeea of Bauchi State ; (vi) the Permanent Secretary, Bauchi Sate Ministry of Agriculture and Natural Resources or his representative ; (c) in respect of the Chad Basin Developmeax Authority (i) three persons who possess detailed .i::Dowiedge of the area of the Authority appointed by the Federal Ex~ Council, one of whom shall be appointed as Chairman oftheA~atthetimeofhisappoint­ ment; (ii) the Permanent Secretary, Federal ~lmistry of Agriculture and Water Resources or his representative ; (iii) three persons appointed by the Govtrn!ment of Borno State ; (iv) the Permanent Secretary, Borno Sate :Ministry of Agriculture and Natural Resources or his representative ; (v) one person appointed by the Governmeee of Gongola State; ('1:i) the Permanent Secretary, Gongola Sette Ministry of Agriculture and Natural Resources or his representative; (d) in respect of the Upper Benue River Basin Development Authority (i) three persons with detailed knowledge of the area of the Authority appointed by the Federal Executive Counci!. one of whom shall be appointed as Chairman of the Authority at the time of his appointment; (ii) the Permanent Secretary, Federal l\Imistry of Agriculture and Water Resources or his representative; (iii) three persons appointed by the Government of Gongola State; (iv) the Permanent Secretary, Gongola State Ministry of Agriculture and Natural Resources or his representative; RiDer Basins Deoelopment Autlwrities. 1979 No. ~ .&685 (tI) one pcdOI1 appointed by the Government of Bauchi State; (VI) the Permanent Secretary, Bauchi State Ministry of Agriculture and Natm::lll Resourcea or his representative; (4) in respect of the Lower Benue River Basin Development Authority (I) three persons who possess detailed knowledge of the area of the Authority appointed by ~e Federal Ex:ecu~ve Coun~il, one. of wh.om shall be appointed as Chairman of the Authonty at the orne ofhis appotnr ment ; (U) the Permanent Secretary, Federal Ministry of Agriculture and Water Resuwc:es or his representative; (iii) two persons appointed by the Government of Benue State ; (itl) the Pe:manent Secretary, Benue State Ministry of Agriculture and NatuDl Resources or his representative; (e) two peaons appointed by the Government of Plateau State; (VI) the Pamanent Secretary, Plateau State ,Ministry of Agriculture and Natural Resources or his representative; (f) in respect of the Cross River Basin Development Authority (i) four pa:soos who possess detailed knowledge of the area of the Authority appointed by the Federal Executive Council, one of whom shall be app ;'affl as Chairman of the Authority atthe time ofhis appoint ment; (U) the Pes iI*311ent Secretary, Federal Ministry of Agriculture and Water Rf:SOliI!n%S or his representative; (m) four pc:E!!IOIlS appointed by the Government of Cross River State; (itI) the &noanent Secretary,' Cross River State Ministry of Agriculture~ Natural Resources or his representative; (g)in rcspedalthe Anambra-Imo River BasinDevelopment Authority (I) three pel.a'S who possess detailed knowledge of the area of the Authority :appointed by the Federal Executive Council, one of whom shall be app"M4ffl as Chairman of the Authority at the time ofhis appoint ment; (ii) the Pe gaancnt Secretary, Federal Ministry of Agriculture and Water ResoQl'lOCS or his representative; (iiJ) two pa:slllS appointed by the Government of Anambra State; (iv) the Pc lIo"cot Secretary, Anambra State Ministry of Agriculture and Naturalltesomces or his representative i (v) two pcnnas appointed by the Government of Imo State i (VI) the PeTJDlII1C':flt Secretary, Imo State Ministry or Agriculture: and Natural Res..au::es or his representative; (h) in respect al the Niger River Basin Development Authority (i) three P'"! ... who possess detailed knowledge of the area of the Authority appaiDted by the Federal Executive Council, one of whom shall be appoi:aa:d as Chairmanof the Authority at the time of hisappoint ment; A686 1979 No.1rl River Basins Development Authorities (ir) tbe Permanent Secretary, Federal Ministry or Agriculture and Water Resources or his representative ; (iii) ooe person appointed by the Government of Kwara State.; (it:-) the Permanent Secretary, Kwara State Ministry of Agriculture and~ Resources or his representative; (t':) c:c.eperson appointed by the Government of Niger State; (al the Permanent Secretary, Niger State Ministry of Agriculture andK~ Resources or his representative; (f7t%) (DC person appointed by the Government of Kaduna State ; {tlIii) the Permanent Secretary, Kaduna State Ministry of Agriculture and Nn::uraI Resources or his representative; (i) in respect of the Ogun-Oshun River Basin Development Authority (i) three persons who possess detailed knowledge of the area of the Autho~ appointed by the Federal Executive Council, one of whom shall be 2ppointed as Chairman of the Authority at the time of his appoint ment; (rr") the Permanent Secretary. Federal Ministry of Agriculture and Water Resources or his representative; (riO£) coe person appointed by the Government of Oyo State; (iv) ~ Permanent Secretary, Oyo State Ministry of Agriculture and Natural Resources or his representative; (v) one person appointed by the Government of Ogun State; (9;,'%J the Permanent Secretary, Ogun State Ministry of Agriculture andN~ Resources or his representative; (viz} ODe person appointed by the Government of Lagos State ; (viii) the Permanent Secretary, Lagos State Ministry of Agriculture and Natu=zl Resources or his representative; (j) in respect of the Benin-Owena River Basin Development Authority (i) three persons who possess detailed knowledge of the area of the Authority Z?pointed by the Federal Executive Coun~il, one. of wh.om shall be apFOinted as Chairman oftheAuthorityattheumeofhisappomt ment; (ii) the Permanent Secretary, Federal Ministry of Agriculture and Water Resocrces or his representative; (iii) two persons appointed by the Government of Bendel State; (iv) the Permanent Secretary, Bendel State Ministry of Agriculture or his representative ; (e) two Dcsons a pointed by the Government of Ondo State ; (vi) the Permanent Secretary. Ondo State Ministry of Agriculture and Natural Resources or his representative; River Basins D~Jn;-nrt Authorities 1979 No. 87 A 687 (k) in respect of the Niger Delt2 Basin Development Authority (i) six persons who possess ~ed knowledge of the area of the Authority appointed bv the Fede..:!:1 Executive Council, one of whom shall be appointed as Chairman .:Jf~Authority at the time of his appoint ment; (ii) the Permanent Secretary. Federal Ministry of Agriculture and Water Resources or his represecsariv e ; (iii) the Permanent Secretary.F~ Ministry of Economic Develop ment or his representative ; (iv) the Permanent Secretary. Federal Ministry of Industries or his representative ; (v) two persons appointed by !he GOvernment of Bendel State; and (vi) two persons appointed by the Government of Rivers State, (2) Members of each Authority ..no are .not public officers and who are appointed by the Federal Executive Cocncil and the State Governments concerned shall be referred to as "TX'lm":1ated members". (3) The provisions of the Sc::.edule to this Decree shall have effect with respect to the proceedings of ach Authority and the other matters therein mentioned. 3.-(1) A nominated member sh2D hold office for a period of 3 years from the date of his appointment aDi shall be eligible for re-appointment for one further term of 3 years and thc:n:::afu:r he: shall no longer be eligible for re-appointment. (2) A nominated member mzy resign his appointment by a letter addressed to the Commissioner in the case of a Federal member, or to the Secretary to the Military Govemmc:::x of the Stare that appointed him, in the case of a State member, and the ~3ron shall take effect on the date of receipt of the letter by the Corn=moner or the Secretary to the State Military Government concerned, 4. The functions of each Aut:l:AJo::iLy shall be (a) to undertake comprehensrre development of both surface and underground water resources. for :DUh:i-purpose use .; (b) to undertake schemes for the amt:rol of floods and erosion, and for water-shed management includiug afforestation; (c) to construct and maintain dans. dykes, polders, wells, bore-holes, irrigation and drainage systems zod other works necessary for the achieve ment of the Authority's functions UDder this section; (d) to provide water from resereoirs and lakes' under the control of the Authority for irrigation purposes to farmers and recognised associations as well as for urban water supply sc:hcmes for a fee to be determined by the Authority concerned, with the zpproru of the Commissioner ; (e) the control of pollution i:n ri-re.rs, lakes, lagoons and creeks in the Authority's area in accordance w-::m :o:arional.ly laid-down standards; (f) to resettle persons affected by the works and schemes specified in this section or under special re csrlemcnt schemes: Tenure of office of members of the Authorities. Functions of each Authority. A 688 1979 No. 87 River Basins Deoelopmesz .L:hzdwn'tles ~rs of CIC± .~oriry. l-r;~ xe, 6. (g) to develop fisheries and improve navigaticn on the rivers, lakes, reservoirs. lagoons and creeks in the Authority's zrea ; (h) to undertake the mechanised clearing and c:lh:ITation of land for the production of crops and livestock and for forcs:::y in areas both inside and outside irrigation projects for a fee to be determined by the Authority concerned with the approval of the Commissioner ; (i) to undertake the large-scale multiplicarioc of improved seeds, livestock and tree seedlings for distribution to ~rs,and for affores tation schemes ; (j) to process crops, livestock products and fish. produced by farmers in the Authority's area in partnership with State agencies and any other person; '(k) to assist the State and Local Governments iL the implementation of the following rural development work in the Audxx:ity's area (i) the construction of small dams, wells :me: bore-holes for rural water supply schemes and of feeder roads for the evacuation of farm produce, (ii) the provision of power for rural elel1! ~ -c:rrion schemes from suitable irrigation darns and other types of pow'='" stations under the control of the Authority concerned, (iii) the establishment of agro-service centres. (iv) the establishment of grazing reserves, and (v) the training of staff' for the running and maintenance of rural development schemes and for general extension 'IIrOrk at the village level. S.-{I) Subject to this section, each Authority sb:al! have power to do anything which in its opinion is calculated to facilitate the carrying out of its functions. (2) No Authority may acquire or lease land or take over any existing project without the agreement of the State Governroeae concerned. (3) Subject to the Land Use Decree 1978, the~ of land develop ment for irrigation by each Authority shall be as provided under section 2 of the said Decree. (4) Subject to section 6 of the Land Use Decree 1978., not more than 4 hectares of land may be allocated to an individual for an~ purpose under this Decree, but appropriate adjustment as to size of land held under this Decree may be made in the case of co-operative farming units. (5) No Authority rnay borrow or lend money without the general or special approval of the Federal Executive Council. (6) Each Authority may make bye-laws for the management of irrigation schemes and regulating the use of water with respect to tne functions speci fiedin section 4 of this Decree, butno bye-law made in purscance of thissection shall come into force unless it is confirmed by the Federal Executive Council. (7) The Contmissioner may give to any of the Auth<lri:rics directions of a general character or relating generally to particular matters wi-J1 regard to the exercise of the functions of the Authority concerned and tt shall be the duty of that Authority to comply with the directions. Rioer Basins Deoelopment AuthOTit£e~ t979 No. 87 A 689 . ~-The functions of each Authority under this Decree shall be exercised Area of each within its area which for the purposes of this Decree shall. in the case of- Authority. (a) the Sokoto-RirnaRiver Basin Development Authority, be the whole of Sokoto State and the Katsina Emirate of Kaduna State ; (b) the Hadejia-jarna'are River Basin Development Authcziry, be the whole of Kano State and those parts of Bauchi State drained b~::he Jama' are and Misau River Systems ; (c) the Chad Basin Development Authority, be the whole of Borno State and those parts of Gongola State drained by the Yedssram River System; (d) the Upper Benue River Basin Development Authority. be those parts of Bauchi State drained by the Gongola River System and the whole of Gongola State excluding those parts drained by the Yedsararn River System; (e) the Lower Benue River Basin Development Authority, be the whole of Benue and Plateau States ; (j) the Cross River Basin Development Authority, be the \...::ae of the Cross River State ; . (g) the Anarnbra-Irno River Basin Development Authority, be the whole of Anambra and lmo States ; (h) the Niger River Basin Development Authority be the whole of Kwara and Niger States and the Federal Capital Territory and~ whole of Kaduna State excluding the Katsina Emirate ; (£) the Ogun-Oshun River Basin Development Authority, be me whole of Oyo, Ogun and Lagos States ; {J} the Benin-Owena River Basin Development Authority be ~ whole of Bendel and Ondo States ; (k) the Niger Delta Basin Development Authority, be the w!:de of the Rivers State. . 7.--(1) Each Authority shall maintain a fund from which sO:Ztl be de- Financial frayed all expenditure incurred by the Authority. provisions. (2) There shall be paid or credited to the fund (a) such sums as may be provided by the Federal Military GO'PCXIUIlent or by the Government of any State in the Federation for thep~ of this Decree either by way of loans or grants ; and (b) such other assets as may from time to time acrue to the -\mhority. (3) Each Authority shall keep proper accounts in respect of each 5nancial year, and proper records in relation to those accounts and shall c:zose the 2CCOunts to be audited as soon as may be after the end of the financi:d year to which the accounts relate by a firm of auditors appointed (after consaltation with the Federal Commissioner for Finance) by the Authority with the <ll'pro ru of the Federal Executive Council. 8.--(1) Each Authority shall prepare- and submit to the CoIIUD5sioner, Annual once every year a report in such form as the Commissioner may direct on the reports, x:tivities of the Authority during the last preceding financial year :l::lId shall include in the report a copy of the audited accounts of the Authority b that ~ and of the auditor's report on the accounts. A 690 1979 No. 87 RiT:JeT .&mns Deoelopment Autlwrities Repeals. 1964 No.1. 1976 No. 25. 1976 No. 37. 1977 No. 31. 1977 No. 32. National River Basins Develop ment Co-ordina ting Committee. Interpre tatiun. Citation. (2) The Commissioner sCalI cause a copy of each report made to him under this section to be !zid before the Federal Executive Council and shall also send a copy to the !'.1ili:to1=y Administrators of the States concerned. 9. Subject to section 6 of the Interpretation Act 1964, the River Basins Development Authorities Decree 1976and the Niger Delta Basin Development Authority Decree 1976 are~y repealed and the River Basins Development Authorities (Amendment) Decree 1977 and the Niger Delta Basin Develop ment Au thority (Amendnx:::x) Decree 1977 are hereby consequentially repealed. 10.--(1) There shall as.:> be continued-In being the body called the National River Basins Den:iopment Co-ordinating Committee which shall consist of (a) the Director of the Federal Department of Water Resources, who shall be Chairman ; (b) the GeneralM~ of each of the Authorities established under section 1 of this Decree ; (c) the Directors of the fc&wing Federal Departments that is (i) Agriculture; (ii) 'AniIIlJll Producooe and Veterinary Services; (iii) Fisheries ; (iv) Forestry; and (v) Pest Control Service, (2) The Committee mzy co-opt other persons who in its opinion can make useful contributions to~ work of the Committee. (3) It shall be the~ of the National River Basins Development Co-ordinating Committee to 2(fnse the Commissioner with respect to (a) the potential for in~.......ed development of each River Basin j (b) the effects of thea~ of each Authority on the water resources of the other River Basins ; (c) the co-ordination of t.e activities of the Authorities so as to ensure the even development of & different River Basins; and (d) such other matters z:, the Commissioner may from time to time determine. 11. In this Decree, u:n1=ss the context otherwise requires "the Authorities" meazs :be Authorities established by section 1 of this Decree and when used in Oe singular means any of those Authorities j "the Commissioner"~ the Federal Commissioner charged with responsibility for water resoorces ; "functions" include powc-s and duties. 12. This Decree m:n- be cited as the River Basins Development Authorities Decree 1979. Rioer Ba::iB Deaelopmen: Authorities SCHEDCLE 1979 No. 81 Section 2 A 691 Prx:eaiings of the Authorities 1. Subject to the pro-.isXms of section 26 of the Interpretation Act 1964 1964 No.1. (which provides for dec~ of a statutory body to be taken by a majority of its members and for Oe person presiding to have a casting vote), each Authority may make stroding orders regulating its proceedings or any committee thereof. 2. At any meeting r:i. the Authority the Chairman shall preside but if the Chairman is absenz, rlle members present shall appoint one of their number to preside at thaot meeting. 3. Where any AuthoOy desires to obtain the advice of any person on a particular matter, the A~ty may co-opt him as a member for such period as the Authority rr.rJ' deem fit ; but a person who is a member of the Authority by virtue of ti:.is paragraph shall not be entitled to vote at any meeting of the Authority~ shall not count towards a quorum. +. The quorum for meetings of each Authority shall be 6 and the quorum for any meeting etf. committee of the Authority shallbe determined by the Authority. . 5. Each Authority graD meet not less than twice in each year and on such other occasions as tf!ae Authority may consider necessary. Any member of the Authority or any cnmmittee thereof having a personal interest in any contract or arrangement c:m::red into or proposed to be entered into by the Authority or any committee thereof shall forthwith declare his interest to the Authority and shall not +'Ote on any question relating to the contract or arrangement. ..:1..tkiso.ry Committees 6.-(1) Each Authority shall establish an Advisory Committee which shall consist of (a) the GeneralM~ of the Authority who shall be Chairman ; (b) the Heads of the S:-&wing Divisions of the Ministry of Agriculture and Natural Resources of e:x:h State having representation on the Authority (i) Agriculture, (ii) Irrigation, (iii) Fisheries, (iv) Forestry, and (v) Veterinary SeNX::=s ; and (c) the directors of r:seatth institutes conducting research relevant to work of the Authority as mry be determined by the Authority, or their representatives. (2) Each Authority ~, notwithstanding the foregoing provisions, appoint other persons in addition as it thinks fit, to be members of the Advisory Committee. (3) It shall be the .fu::x:tion of the Advisory Committee to advise the authhority with respect to (a) the matters mentirJned in section 4 of this Decree generally; A 692 1979 No. 87 Rioer Basins Development Authorities (b) the technical soundness of specific projects and programmes ; (c) the co-ordination of the activities of the Authority and the ~G::..::stries of Agriculture and Natural Resources of the States "repre5ented a:: the Board; and (d) such other matters as the Board may from time to time den-:mine. (4) Each Authority may also establish such other standing, st=iag and Gt1 hoc committees to carry out on behalf of the Board such of its fIlD...n,....s as the Authority may determine. Officers and Servants 7. For each Authority there shall be a General Manager who sbUI be the chief executive officer and who shall be appointed by the Corrrr=Uss:oner with the approval of the Federal Executive Council on the recommeodation of the Authority. 8. Without prejudice to the generality of subsection (7) of se=:ion 5 of this Decree, each Authority shall have power (a) to appoint such other officers and servants as it may determine ; (b) to pay its officers and servants such remuneration and allo~ as are payable to persons of equivalent grades in the public service of the Federation; (c) as regards any officer or servant in whose case it may determine to do so, to pay to or in respect of such officer or servant such pensions and gratuities as are payable to persons of equivalent grade in the public service of the Federation; and (d) to give loans to its officers and servants for purposes appIo~ by the Authority. Miscellaneous 9. The fixing of the seal of each Authority shall be authenticated by the signature of the Chairman or of a member of the Authority autha-:sed in that behalf by the Authority. 10. Any contract or instrument which, if made or executed by a. person not being a body corporate would not be required to be under sea: may be made or executed on behalf of the Authority by any person~y or specially authorised by the Authority to act for that purpose. 11. Any document purporting to be a document executed Im&~r the seal of the Authority and authenticated as aforesaid shall be re-":=: led in evidence and shall, unless the contrary is proved, be deemed to be so esecuted, 12. The validity of any proceedings of the Authority shall not be ciected by any vacancy in the membership of the Authority or by any defect in the appointment of a member of the Authority. MADE at Lagos this 28th day of September 1979. GENERAL O. OBASANJO, Head of the Federal Military Gar:~, Commander-in-Chiefof the Armed Foexes, FederalRepublic of Nigeria