A Law to Establish the Katsina State Urban and Regional Planning Board and for Connected Matters (Law No. 2 of 2011)

.. A Law to Establish the Katsina State Urban and Regional Planning Board and for connected matters • i/·t., , < .~;. I;; ' ,1·· .• • 'l, . Katsina State of Nigeria Law J'/o,2 .. ot 2011 ) Date of Commencement BE IT ENACTED by the House of Assembly of Katsina State Enactment of Nigeria as follows: PART I-PRELIMINARY 1. This Law may be yjited as the Katsina State short title and , commencement Urban .and Region9~W:1lng Boa,p:LLa.w-~ ~all come into . operation on the ............ day d ... c. J..~✓-.. : ... ~~.-\ .......... 2011. 2. In this Law: • l I Interpretation "Authority" means the local Planning Authority established by Section 22.of this Law; "Board" mearis th~ Urban and Regional Planning Board establ ished by Section 5 of this Law; "!3uilding" means -imy structure (whether of a • temporary nature ijr not) erected or mad e in,. . 01/er or under any land; "Commercial development" means any development or use of land or any building on the land for any of the follpwing purposes: (a) a shop; (b) an office; (c) a hotel, guest house, restaurant and way sire stall; • (d) a warehouse and other similar storage facilities; (e) (f) a cinema theater, sports stadium and a building indoor ·for recreational and leisure facilities; a market; and 1 ... (g) , any development or use of land or building on the land for any purpose incidental· to any of the purposes • specified under paragraplis (a)-(f); "Commissioner" means a commissioner charged with the responsibility for matters relating to urban am:! regional planning in the State; "control department" means any Agency performing the duties e;f Urban and Regional Planning and development control of the State or Local Government arE:ds; "development" means t1e carying out of any building engineering, mining or other operation in, on over or under any land, or making of any environmentally significant change in the use of any land for demolition of building including the felling of trees and· placing of· free-standing erections used for the di~play of advertisements on the land and the expression "develop" with its grammatical variations shall be construed accordingly; "development permit" means a permission to develop any la,nd or building granted by the •• authority empowered to give such permission: under this Law; • - .,, ··:;~ "development plan" means a plan specifying the.,· manner in which an area of land should be developed; "dwelling house,, means a building erected or converted for use primarily to provide living accommodation for one or more persons; "enforcement notiQt~JncltJdes stop notice, contravention notice and a demolition notice; "industrial -development" means any development or use of land or any buildin~ on land for the purposes of: 2 I - I I (a) • processing any mineral; (b) extracting or producLng by what Etver means other than mining, one prodl.1(.~t from .another product or subst?ince; (c) carrying on works and repairs on ar involving any mechanised equipment; "It-istitutional and recreational development" me2~ns any development or use of land or any building on land (0r any of the following· purposes: (a) social welfare and community development i.e. education, health care, religion, charity etc. (b) offices for party political orgainizaticrns trade unions, employees association and any other organization whose principal purpose is participating in public affairs; (c) sports and social clubs but excludinQ clubs offering overnight accommodations for a fee for more than twenty persons; (d) museums and art gallaries; ( e) swimming pools available for use by members of the public without· payment; and (f) • ,.,..- ~my development or use, of land for any purposes in~idental to' any of the above purposes; \: - "larid" includes any building and any other thing attached to the land or permanently fastened to anything so attached but -does not include minerals; "Legilative body" means the State House of Assembly or the Loca I Government Legislative Councils as the case may be; "local plan" includes plan formulation in detail within the context of the structure plan, the ways in· which the policy and general proposals are to be implemented and includes any or a combination of the following: :, , 3 (a) district plans -designed for areas where factors in local planning need to be set out OJmprehensively; and (b) action area plans which are plans for areas indicated or. ider,itified for action by structure plans i. e . yvhere changes by dEwelopment, re-development, or • - imp'rovement need to be effected; "member" mearis a member of the Board and shall include the Chairman; "metropo.litant pl;;m" means gener~I policy and proposal for the physical and environmental development of a very large town or metropolitant. ar~s w hich may or may not extend to more t,an one· planning authority's jurisdiction; • "physical develcpment" means any of the plans set out in Section 4 of this Law and includes schemes, plans crr master plans api,roved under the authority of ~ny legislation repealed by this Law or made under any authority approved under this Law; "plan" means land use proposal expressed in·. :· i•-- • words and graphics; o·· .:.: •. : • .. "plan area" means the area of la-md designated by ,:i the planning authority with power to designate • t~e area for whidi a physical development plan is to be or has been made; "region" means an area of land less than a State but more. than a town area having distinctive characteristics ·that distinguish it frqm other areas;· • "regional ptan" means a statement of general policy and proposals for the development plan designed to channel the growth of such a region in desirable directions; \\rural area" mea·ns any part of a State which is not declared an urban area· 1 4 - "structure" means any permanent or semi perma-:1ent construction in which persons may reside, work or carry out other activities; \\State\' means Katsina State of Nigeria; "Tribunal" means the Urban and ·Regional Planning Tribunal established under Section 94 of this Law.. PART II -RESP()NSIBILillES OF STATE GOVERNMENT •• ... . 3. (1) The State • Government shall exercise its physical planning responsibilities to ensure· consi$tency , in physical dev:elopment at all levels of the State. • ····-- ·(2) The Government shall exercise the following functions: (a) the fomulation of State policy for Urban and Regional planning; (b) the preparation and implementation of regional, sub-regional, urban and subject plans within the State; (c) the promotion and conduct of research in urban and regional planning; ( d) the dissemination of research results for adoption by organizations; and (e). the provision for technical assistance to Local Governments. in the preparation and implementation of local, rural and subject plans. 4. There shall be for the State the following plans: (a) a Regional plan; (b) a Sub-reginal plan; ( c) an Urban plan; (d) a Local plan; and (e) a Subject plan. PART III-ESTABLISHMENT AND COMPOSmON OF THE BOARD • State Government to be responsible for physical deve!..lpment plan • State plans ·. . 5. (1) There is hereby established for the State a Establishment of. Board to be known as the Katsina State Urban and Regional th e Boa rd Planning Board. • (2) Subject to the provisions of this Law, the Board shall be responsible for the initiation, preparation and implementati9n of the State Physical development plan. 5 6. (1) The Boa~d shall consist of: (a) a Chairman; . (b) represntative each of the followln9,: who shall be a registered mem~er c. the relevant profession: (i) town planning; (ii) architecture; (iii) civil engineering; (iv) land surveying; (v) law; and (vi) estate surveying; (c) tlie General Manager; • ( d) one representative each from the follow!ng: (i) State Environmenta I Prot<!ction Agency; (ii) such other body respon~ble for power supply in Nigeria; (e) a represntative each of the following: (i) Ministry of Works, Housing and Transport; (ii)Ministry of Justice; (iii) Ministry of Agriculture and Natural Resources; . (iv) Ministry of Finance, Budget and Economic P{anning; • (v)Ministry for Commence, Industries and Tourism; and • (vi) Ministry for Lands, Survey and Environment; and (f) a represntative from each of the three Senatorial Zones of the State. (2) There shall be a Secretary to the Board to be appointed by the Governor. • . (3) A person shall be qualified to be appointed as Secretary If: . • . · • (a) he is a qualified legal practitioner; or (b) he holds a Bachelors Degree In any of the Social Sciences. 6 Composition of the Board < ( 4) There shall be a General Manager of the Board who shall be the Chief Executive responsible for day to day affairs of the Board. . (~) The General ~W~-~ shall be a person reg,ste~ed with !own Planning~ touncif'and has been in professional practice for a period of not less than ten years. 7. (:lj The Chairman shl!l/1 be a person of proven integrity. (2) The Chairman and members other than ex­ -· -- officto ·shall be paid such remuneration, fees and allowances as the Board may subject to U1e approval of the Governor determine. (3) The Chairman and . members shall be appointed by the Governor. ( 4) Members of a professional body shall be appointed by the Governor on the recommendation. of a professional body to which such a member belongs. Chairman and Members of the Board . 8. (1) A member other than ex-officio may at any Resignation and • h b h removal of a time reSIQn is mem ers ip, ' Member (2) A member other than ex-officio may be removed from Office by the Governor on a recommendation of the Chairman that he should be so removed for inability to discharge the functions of his Office. 9. A member other than ex-officio shall hold office .Tenure of office & • d f & d b 1• 'bl f .of a Member . ,or a peno o , our years an may e e 191 e . or re-. •.. . -- appointment for another period of four years only. • 10. The functions of the Board shall J)e: ~~~~ionsof the. (a) formulation of the State policies for urban and regional planning; (b )initiation and preparation of regional and sub~regional urban master plans; ( c ) development control of State land; • ( d) conducting research in urban ,, and . regional planning; ( e) provision of technical assistance to the Local Governments of the State; (f) consultation and co-ordination with the • Federal and Local Governments in the preparation of physical development plans; 7 ,••, I (g) preparation of State Physical plan; and (h)reviewing of the annual report submitted to it by the authority. • 11. (1) There may be set up Departments or un"its as may be necessary for the disctiarge of the functions of the Board .. Departments or units of the Board (2) Th2 Board shall have such Staff as may be --- ·-----posted or seconded to it from the Civil service of the State. (3) The Board may appoint such other staff as may be necessary on the advise of the Civil Service Commission subject to the approval of the Governor·. ( 4) All existing staff of the Katsina State Urban Planning and Development Authority shall at the commencement of this Law be deemed to be staff of the r;oard established under this Law. PART IV-PROCEEDINGS OF THE BOARD 12. (1) The Board shall hold not iess than three meG'.:tings in a year for the discharge of its functions. • (2) At the meetings of the Board: (a) the Chairman shall, if pr-esent, be· Chairman of the meeting; (b) when the Chairman is not present or if the Office of the Chairman is vacant, the member~ present shall choose one of their members to be Chairman of the meeting. (3) Every question at a meeting of the Board shall be determined by a majority of the vote and in case of.. equality of votes, the Chairman of the meeting shall. have a.·· 1=asting vote. (4) The Board may hold its meeting notwithstanding one or more vacancies among its members exists. (5) Any three members of the. Board may by notice in·. writing signed by them request the Chairman to summon a special meeting of the Board for the purpose set out in the notice and the Chairman shall summon such meeting. (6) Where the Board desires to obtain the advice of \any person upon any particular matter, the Board may co-opt such person to be a member for such meeting or meetings as - 8 Meetings of the Board and cooption of members ~ay be required and the person so co-opted shall have all the rights and previleges· of a member save that he. shall not. be entitled to vote on any question or count towards a quorum. 13. At any meeting of the Board, the Ch~irrrian and Quorum ' four other members shall form a quorum. . 14. (1) The Board shall as soon as practicable alter seal its establishment provide itself with a common seal. , (2) The common seal of the Board shall be . au~Q ~nticated by the signature of the Chairman or some other member authorised by the Board to act in that behaif and the signab.Jre of the Secretary. (3) Judicial notice shall be taken of the common seal of the Board and every document purporting to be an instrument made by the B::>ard shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown. • • .; i'> -" : ,. 15. Subject to the provisions of this Law, the Board Power to 1 ': •• or Authority may make stand1ng orders for the purpose of ~~~~~:~ings regulating its internal proceedings and its committees. 16. An act or other proceedings of the Board shall vaud1t:y of , proceedings not be invalid by reason only: • (a) that there is some defect In the appointment of a person purporting to be a member of the Board; or (b) there is any-vacancy among its members. 17. Notwithstanding anything in other enactments, no nme limit to suit against the Board or any member or staff of the Board· ~~;men~e a for any act done in pursuance to the execution or intended • regulations made pursuant to this Law or in respect· of any.· alleged neglect or default in execution of the 'provisions, shall lie or be instituted in any Court unless it is commenced within three months after the act, neglect or default complained of or in the case ·of a continuance of damage or injury within three months thereof. 18. No suit shall be commenced against the Board Procedure of filing a suit until one • month have expired after written notice of against the intention to commence same shall have been served upon Boa rd the Board by the intending ·plaintiff or his agent and s~ch notice shall clearly and explicitly state the cause of action, the particulars of the claims, the n~me a nd place of abode of the intending plaintiff and the relief which. ~e claims. . 9 19. The notice referred· to in Section 18 and any summon~~ notice or other documents required ex authorised to be served upon the Board under the prov,sions of this Law or any other Law, may, unless there'! is express provision to the contrary, be served by delivf!rins same to lhe Chairman or Secretary of the Board, or s&7C11!1Q it by -registered post EX!dressed to the Secretary of tf!e Board at the headquarters of the Board. 20. In .any suit against the Board, no execution or attachment or process in nature thereof shall be issued against the Board, however where notice of appeal has been given by the Board the judgement theroof shall be subject to such direction as the Court may deem fit to make. PART V-RESPONSrnILmES OF THE LOCAL GOvERNMENTS 21. A Local Government shall have the responsibilities for preparation and implementation of: (a) a town plan; (b) a rural plan. (c) a local plan; (d) a subject plan; and (e) the control and development within its area of jurisdiction other than over Federal or State lands. Service of summons Protecttin of proper't' of the Board Lccai Government to prepare ard irnplem,,,t plan 22. • (1) For the purposes of initiation, preparation and implementation of State Physical Development plan, the.re is hereby established in each of the Local Government Establlsrment of a Local Planning Authority areas in the State a Local Planning Authority. . (2) The Authority shall comprise of the following: (a) • a Chairman; • • (b) not more than five representatiives of the wards in the Local Government Area; "• (c). a representative each of the following relevant professions: (i) architecture; (ii) civil engineering; (iii) land surveying; .. . . , .. (iv) law; and (v) town planning; 10 I • ' ' I \\ (d) works supervisor of the Local Government; ( e) education supervisor of the Local Government Ar€a; and (f) a representative of the traditional institution. (3) There shall be a Secretary who shall be appofrited by the Governor. . . (4) The Chairman referred to in Sub-Section (2) of this Section shall be a memb~r of one of the relevant professions listed in paragraph "c11 • (5) The Chairman and members of the Authority shall be paid such remuneration, fee and allowances as the Authority may, from time to time approve. ((S) The post of the Secretary shall be a pensionable one. 23. (1) The Authority shall be charged with the Responslbilltles responsibilities for preparing town, rural, local and subject of th e Au th ority plans. • (2) The Authority shall prepare and submif to th~ Board an annual report on the implementation of Physil:al Development Plan and State Regional Plan. (3) The Authority shall undertake development control within its area of jurisdiction. ·-24. (1) The Board or the Authority may. delegate Delegation of any of its functions provided under tliis Law to any person power registered under the relevant profession as. the Board or the. Authority may deem fit in each circumstance. , . (2) Notwithstanding the provision of Sub-Section (1) of this Section, the Board or the Authority may perform any such duty delegated under Sub-Section (1) of this Section. 25. (1) For the purpose .of securing integration~ s0c,rd to appoint a technical consistency and coherence within and between all levels of committee the plans in the • State, the Board shall during the preparation of regional plan, call for submissions from organizations and interested members of the public whose contribution shall serve as part of the input towards the preparation of the dralt regional plan. (2) The Commissioner may ma~e ~ules as ~o the , manner and method of notice and submIssIons of inputs -· referred to in this Section. I I 11 .. (3) The Secretary shall collate all the submissions made in compliance with the provisions of this Section. f.'6. (1) The Board shall have power to appo 1 i 1 nt da :,;;~~tBoa rd technical committee for tne purposes of analyz~ng co ate technical submissions received un~r this Law. committee -(2) Notwithstanding the provision of Sub-Se9tion (1) of this Section, t~e technical committee shall have - -· ---responsibility for evaluating the proposals submitted, prepared and exhibited in the draft regional plan for the purposes of this Lc:.w. 27. (1) Any m<2mber of the public, State, Local Boardtoreceive written Goven-:rnent, and non-Governmental organizations and statements of profes~Ional bodies duri~g the per1od of the exibition ofthe- objections • draft ~~onal plan may submit to the Board written statall'~nts of their objections to anything appearing in the said plan and shall: (a) define the nature and reasons for the objections; and (b) suggest alterations and amendments to be made to remove the objections. (2) The Board shall acknowledge receipt of all such statements of objection. (3) . The Board shall prepare schedules of . sum maries of the objections and comments submitted to it. ( 4) The Secretary to the Board s~·i:311 submit such Schedules within a period of two months after final· day or· exhibiting the draft regional plan to the technical committee· which shal{ review the objections and comments and may-· prepare a revised draft plan which takes account .of the--:. • • • objections and comments. .•.• .: :--J~ 28. (1) Copies of the operative regional plan-certified· coplesofplan:··. by the appropriate officer of the legilative body· shall. -be ;O befdee0s1ted1 d . , ,orsae .. eepng epos1ted with the State and Local Government for safe •• - • keeping. (2)The provisions of the operative State physical d~velopment plan shall be adhered to by the Board, .public,· private organizations and individuals. 29. (1) The Board shaH within a period of two Board to ' months, meet to consider the revised draft of regional plan consider revised • plan 12 together with the accompanying Schedule of objecti~ns and comments. • (2) After consideration of all objections and comments on the revised plan, the Board shall prepare and submit a final draft plan with or without amendments to -the appropriate legislative body for approval. 30. (1) Upon receipt of the final draft plan, the ;;~~~s~~!r~f:; legislative body-may: ora~ plan (a) (b) approve it wholly; approve part of it; or (c) refer it to the Board for further consideration and amendment of the whole or part thereof. (2) A plan approved under this Section. shall be rererred to as an "operntive region~! plan" and a notice to this effect shall be published in the • Gazzette and il"I two widely read national dailies. 31. • (1) Copies of the operative regional plan caplesof certified plan to certif.-ed by the appropriate officer of the legislative body be deposited shall be deposited with the Board, the State· and Local with the Board Government for safe keeping. etc (2) Copies of the plan referred to in Sub-Section (1) of this Section shall be made available for sale to members of the public at a price to be determined by the •• E}oard. • • . 32. (1) The operative regional plan shall be operative reviewed every five years to reflect the s .. ,: . .: ocio-econom·,c. regional pla n .. subject to changes in Nigeria. • • • . review (2) The Procedure for the review of the regional plan shall be as specified under this Law. 33. The provision of the regional plan shall be· Regional plan to adhered to by the Board or Authority as well • as other be adhered to public, private organizations and individuals. 34. The Board and the Authority shall submit annual Submission of report to the Executive Council of the State who shall have ~u:inual report the duty to review same. 35. The Board and the Autho~ity shall make standing· Board to make orders regulating its proceedings or any committee thereof.· st a nd1 n9 0rd ers 36. (1) The procedure for making regional, sub- Plan to be In line regional, urban, town, rural, local and subject plan shall be· in ;~~s:t;,an ' line with the State physical plan. and state plan 13 (2) Subject plan shall be approved by the Board • and the Authority. 37. (1) The Board shall have the. following departments: Est.?blishment of deV-ctlopment cl.ld regional p/a~lng de~1'tments in the ~1-~e (a) a development department to be charged with the responsibilities for matters relating to land development control in the State; (b) regional planning department which ·shall be responsible for the implementation of regional planning in the State. (2) Subject to Sub-Section (1) of this Section, the contr9I department and the regional planning department shall be responsible for development control and impl<::mentation of regional plannin9 respectively. . (3) The contml Depatment shall have power over the development control ori the State land. PART VI-ESTABLISHMENT OF CONTROL DEPARTMENTS IN • •. LOCAL GOVERNMENT AREAS 38. (1) There is hereby established for each Local 1:.s;~~ishment of CcN.;·ol. Government a department to be known as the Development b~~itme'rif •-. Control Department (referred to in this Law as the "Control • • • • • ::- '.; ! • . ·; Department''). • (2) The Control Department shall be a department charged with the responsibilities for matters • relating I to development control. (3) The Control Department shall h av~ power over the development oh a11 • Iands within the jurisdiction of • •• , - the Local Government. . ( 4) There is • hereby established a Regional Planning Department which shall be responsible for the· implementation of rural plan. 39. (1) Approval of the relevant Development Control Department shall be required for any land development. (2) A developer shall submJt a development plan for the approval of the Control Department. 14 . ... - .. Development control department to approve land development 111111111111111 . (3) Notwithstanding anything contained in this or other Law of the State, the Government or its Agency shall obtain approval of the relevant control department before carrying out any development on land. 40. (1) A developer" (whether private or Government) shall apply for development permit in such a manner using such forms and providing such information including plans, designs, drawings and -any other information as may be p r.~~cribed by regulation mad~ pursuant to this Section. (2) A plan required to be made under this Law shall be prepared by a regist~red architect, tmvn planner or ~gineer and shall be in accordance with the provisions of t~is Law. (3) An application for a development permit may be rejected if: (a) (b) (c) (d) (e) the format is not in accoriance with the approved plan; or the plan is in course of pr~paration; or in the opinion • of the Control Department, the development is likely to have a major impact upon the environment, facilities or inhabitants of the community or contains ·such additic;mal facilities which are not within the estimation of the physical development plan for that community; or . in the opinoin of the control Department, the developm~nt is likely to cause a nuisance to the inhabitants of the community or contains such additional facilities that are not wit hln the estimation of the physical Development plan for that community; or . the development is not .. in accordance with any other cond1t1on as may be specified under a~y regulation made pursuant to this Law. 15 Developer t apply for PE 41. The Control OE2partment may c~nsi?er control representation made to it by a pt~rson, body or organization ~ii:i:ent to to be affected by an intended development. representation 42. (1) A developer shall at the time of submitting Adeveloperto his application for the development~ subm1 t to the ;~~~~onrnenta1 ~propriate control Department a detailed environmental :::~eri{: , :.-. , . irmact statement for an appliG?ction for: • • \. -i. 1 .. : . ' (a) resident land in excess of 23 • • hectres; or (b) permission to build or exFra-nd a factory or for construction of an office building in excess of four stor~.ys or 5,000 square metre$ of a lt~able space; or ( c) permission for a major recreational development ; or ( d) a petrol Station. (2) The control Department may app-'fove or reject an aplication for development permission. ','. . · · 43. (1) The Control Department may dslcly the control I f I. l= d I Department to approva o an app 1cation ,or eve opment permit· if . delay approval. Circumstances require that: .. forl~:evelopment (a) the developer at his own. expense shall: • (i) provide public infrustructure and facility; or (ii). provide necess~ry commercial facility; or (iii) provide necessary • social . recreational communal facility;or (1v) pay a sum of money in lieu to the control Department for providing issue under sub­ paragraph (i) and (ii) of this paragraph; (b) the developer is to enter into a11 agreement with an individual, corporate or unincorporate body in respect of any matter the control Department deems necessary for the development; 16 •·.:, •" I' (c) the developer is to pay such fee or other charges imposed by the control Department; (d) the 'developer is to comply with any other condition stipulat~d by rngulation m ade under this Law. (2) In reaching .its decision under this Section, .the ConYol Department shalf comply witji: • (a) the policy and proposal of an apprc;)Ved plan applicable to a locality within its area of jurisdiction; (b) a proposed plan or an approved plan under review; and ( c) any other consideration made particular and applicable to a locality by a regulation made pursuant to tile provisions of this Law. (3) Subject to such directives as may be given by the Government, the control Department may delay the approval of an application for development permit for a . period not exce.eding three (3) months. • •• • · • ( 4) The decision of· the control Department on an app!f~tioo for development permit shall be communicated-·" :· •.-,.: ; • to the Ap;.!icant. - (5) Where an application is not-approved, the department shall give reasons for its dectsion ,and --such ... decision shall be conclusive evidence of the information contained ther.~in. 44. The refusal or rejection of an application for Legal rtgh~ to .. development shall not confer on a developer any .legal· or· :~~~P~~;t . other rights until it has been communicated to the applicant :cqmrnun1cat1on iii writing. • .. , ;·: 45. The Conrol Department shall enforce all the rights -c~ntroL, , , d d . h d t d J t •t • • t Department to an ut,es attac e o a eve opmen perm1 agams a enforce rights developer and where the developer tranfers or assigns his and duties interest, the Control Department shall enforce all the rights and duties attached to a development permit against a . holder or occupier for the time being. 17 / A development permit granted to a devEiotDPer 46, , ' Validity or a 1 •• dev I h II • , e 0Prnent 5 a • (a) remain valid for a per~d of two years fron, Permit the date of commur,icalion of the appro¼!I of a development permit to a developer; and (b) where a ·develo~~r; fails to • commence development wil~in two years, the development permit ..s-hall be subject to revalidation by trnt Control Department wliich issued the origi'onal permit. 47. ·The Control Department ~h-all not .i:mpase Conditlonsor conditiom to a grant of development permit which may be :~~notto h d·t· J • d • ... With the in conflict with t e con I ions conr.aIne m a gran1. of .certin cateci .. Certificate of Occupancy or Customary ri~ht of occupancy. occupancy.; · . .. 4~. (1) Conditions attached to the grant of a Condltloirof development permit may be altered, tmended, variechor-~~ri:i:be revoked by the Control Department which shall serve a revok~r• •: : .. ·. notice of its intention on the holde:r ~!1r the time being of a .J; development permit. ,1 . , .•.. (2) The no?jce required to te served under Sub- ··:.: Section (l) of this Section shall s~e reasons for the proposed cJction of the control Departrrrent and the Control Department shall .consider any representation made to it by·.,: the developer or holder for the time beiRg of a development : / .. :. · permit. • . (3) Any decision made pursunt to sub-Section .. ; .-• =· (1) of this Section shall be communicated ,-in writing .to ·a . • · devel?per or a holder for the· time being of"-8: deveJopment · : . .::, ... ,., . .-.- permit. . . . .. : · :. • 49. (1) A development permit already granted and ~=~itp . communicated to a holder for the time being may.: be revoke pennrt rev?ked ?Y the Control Department which shall-.:serye a.' -· · ;,· notice of its intention to revoke the development permit.-: ·;:: ·: ;-· ; Secti (2) The notice under Sub-Section (1) of this . • . d on shall state reasons for the revocation. · of: the evelopment permit. • . . · : . r (3) The Control Deparment shall consider any epresentation made to It by a developer. . · · · · · 18 . so. A Develop ,r or holder for he time being of a development permit if dissatisfied with the decision of the Control Department may appeal against the decision of the Control Departmef1t in the first instance to the Commissioner charged with the responsibilities for matters relating to planning. 51. A developer or a holder for the time being of a aevelopment . permit if dissatified with the decision of the -· • -Gommissioner may appeal to a Tribun:.~I set up to hear appeals within 28 days of service of a ncnce. 52. In exercise of its functions under this Law, l'ne Control Department shall: (a) have regard to all matt:2rs and conditions specified by the provisions of this Law prior to granting a development pe--mit; and (b) take into account matters . of over . ri~ing public interest as provi:Jed for in Se::tlon 28 {2) and (3} of the Lc;--,.d Use Act. 53. Compensation shall· be payablEt for the revocation of a development permit to a developer or a holder for the time being of development permit if: (a) development has comn,enced; or Ad v lop r I llppe I to the Comml"" ner ' I A developer may appeal to tribunal Control Department to have regard on . provts1ons·to the Land Use Act I Compensation to be paid on revocation rl a permit . - . (b) the developer or holder is liable under existing contract to third party to damages for -a breach of contract; or (c) the developer has incurred ~· ny expense or has suffered a loss during the process of obtaining the development permit. 54. (1)-ihe amount of compensation payable under eons1der.it1on of amount of. • • Section 53 of this Law shall be such as to reimburse the compensation developer or holder for the time being of a . development: : , ,. permit, of the losses incurred as a ·result of the revocation - • and shall not be in the form of payment of dar:nages or. in excess of the sum incurred by the developer. (2) No comp~nsation shall be pai~ under this Section if: • (a) a development 1s not In accordance w~th the terms and conditions under which a development permit was granted;or 19 (b) the'. rigflt of occupancy of the land c:m which a development was to take pla;:e has been cancelled or revoked on the ground that the application did no~ co~ply with the requirements of the La~d Us~ Act; or (c) a claim ·k.)r compensation is made 28 days after a ri0tice of revocation is served on the dev~inper or the ·holder for the time being of a development permit. . 55. Compensation payable under this La w shal-l be Duration of • t= t·- . . payment of paid not later than 90 days after a cl~1m ,or compensa 10n 'compensation had been made. • • -. :: i-, : ' • • Sp. In the event of a dispute arising as to the Dispute 6n -• amount ·of compensation payable to a developer, the ~~r:~~:J;~~ to dispute· may be referred to a planning Tribunal. •• ·;· • • • tr.1buna1 • • 57. An appeal against the decision of a planning An appeal from Tribunal lie to Tribunal in respect of an ~mount payable to a developer the state High shall lie as of right to the $':ate High Court. court • •• 58. (1) The Control Department may . serve an control • enforceme,,t notice on the owner of a private, residehtiatl, ~e~:rtmentto commercial, industrial or any other land whenever, enforcement notice. development is commenced without approval. • • --: ':c . (2) An enforcement • notice may be issued pursuant to Sub-Section (1) of this Section . notwithstan'ding that the u·nauthorised development took Rl?ce-: befbre:-the ' - . commencement of this Law. "" ,;:·. • ·:t; : . -;,;~, • ·.:' ,:::., . ••• , 59. (1) An enforcement notice served by the control Effects of· Department pursuant to Sub-Section ( 1) • of Section -58 of. ~~~:~~=~t this Law may direct a developer to alter, vary, remove· or. dev~loper discontinue a development and may enforce. additional -, • • ·. • .. , ,.- ; :• conditions as it may deem necessary in each circumstance.· -., (2) Before lss~eing or serving an enforcement · •· - notice in accordance with the provisions of Sub-Sec:tion {1) of , ,· this Section the Control Department shall: • (a) have regard to the existing conditions for granting development permit; (b) have ragard to the likely environmental degradation or Impact of development carried out or being carried out; 20 (c) • consid er :1~e over riding bl' • t t "' -'t' PU IC 1n eres ~· .,out prejudice t paragraph (--.J) t>f this Section. 0 60. • Where ·there is existi~~ ~;perative Development I and a developer has alreaay c.,eveloped a residenti I b~~ding, the ~ntr~I ?epartment ':7~Y assist the developer if such resident,~! bu1ld1n~ by adv191n~ the Government to re- locate nhn on another srte. - Control Departnent to assrst rn re­ location 61. (i) An enforcement nci~ce served under Sub- -5;ction (1) of Section 58 of trk! Law by the Control Department shall: • Natur~ of the enforc.':ment notice • (a) be in writJng c:.""nd communicated to the developer; (b) state the re~"Gons for the proposed action by thf! C0~1trol Department ; and (c) consider any !~'Presentation made by or on behalf c-f a developer. (2) An enforcement notice may require a developer to alter, remove or discorHinue a development to ensure that the development become a lawful development or compatible with the use for whic:n an adjoining land has been put. 62. A Control Department or rts authorised agent E~forcement of· ·•shall enforce an order • of the planfling Tribunal • or High· ;g~~~~~~;:igh Cot:1rt against a developer or hoider for the. time being· of a development permit who fails to comply witb such an order. • ~ 63. A developer or holder for the time being ·of ~:~~!~or development permit shall be liable for all .• expenses Incurred reasonably incurred by a Control Department or any of its offic~~s or· agents, as the case may be in enforcing th~.· • provisions of Section 62 of this Law. ·' •·. th . 64, Where it appears to the Contra:! Department • ~=:1zed at, • development etc (a) (b) an unauthorized development is being carried out;or where a development does not comply with the development permit issued by the Control Department, the Control Department 21 .. shall . issue a 5top-work order pending the se.rvice of the enforcement notice on the owner, occupier or holder as specified in Section 58 of this Law: Provided that \-l1ere the development or use is not up to 50%, the Control Department shall have· power to order the developer to alter, remove or discontinue the developm·ant or use without referring the matter to a Court of Law. ----·-· ----- 65. A stop-work order shall take immediate effect Effectofastop- upon service on. a developer or the occupier of the wixk 0rd er ~tC;:t'.lope1 .. ,pjpa development for the time being. . ·' 1• 66. A stop work order shall comply with the •• r if provisions of Section 64 of this Law and shall in addition ,. i-h: inform the developer or occupier of: ·.:· ;·,u:t ir.i:- • (a) the development which is required to be stopped; and (b) the work to be done on the site to conform with -the developm-ent permit issued thereto. 67. . The control Department shall give a reasonable Tirii.ii'umit for• ·-: ,, ,r ,~:' time not exceeding 21 days within which the developer shall complying wi th .vfU provisions of . . , be required to comply with the provisions of Section 64 of s~d16rfg4 •.N:tl·, ~:.--,;. this Law. 68. A stop work order shall cease to have effect if ! (Ure si:>an'df a ; • ' • •• • • 'Withfn 21 days of its issue, the enforcement ;hdtfte: -is c frat :~~~P:'-"!.~rk,o r cie:;-' • : ;,. served on a developer. ,·- · -·; '' !:::U :)!: -~ ··!(::' ·::.::1-:·,oc:::-. i~ 69. Where an enforcement notice is served , in' .:EXtenslon'of '·!, !, , =.: respect of the development to which stop-'worl("ordet; j§' ~f[J1ekJ~~d1~ 0P.i 11 • i :t ; \ • wor or er served, a pl@nning Tribunal may on the applic'atH:Sn 6f:~thifd:-,q 1; :•,.> '': ;: ,- ·-· Control Department extend the period of time·'auri'lig' wHidV"(!C':lr ~~-:.:::-~ ·I:(! .. i] -, a stop-work order shall remain in force. 0 ·, ~:c(>f; ,-,101L,)n~:tt ·,ii-;:l ::: 1:'::11 • 70. A person who fails, to comply with the terms' of~:p~nalty fo~ ncin' ., , -, an enforcement notice or disregards a stop-:-wbrk' '6rdef 11 compll~,n~e with · • . . . . . , , enforcement issued and served pursuant to this Law, is 'guilty ·of ar-(-notIceetc,· .. , ·:·:· c offence and liable on conviction to a fine not exceeding·., -,ie 1:i:·i c ·,·:· ,J' NS0,000 in the case of an individual and in the case ··ofa' -.:~: ·, : ,· ; · ~, : corporate body to a fine n9t exceeding N100,000i;H>t ·'le ::i-. · •• '\1 \/1 -:·1 :·:1 ,,.:: ,,,}\ ; ..,,,-,· 22 7l. Where a. developer contravenes the provisions of a planning Law or any regulation made pursuant to a Law1 the Control Department shall have power to require the developer to: (a) prepare and submit his building plan Jar approval; or (b) carry out such alterations to 11 building as may be necessary to ensure compliance; or (c) pt1II down the building;or (d) re-instate d piece of land to the State in which it was prior to the commencement of building. 72. (1} The Control Department shall hl1ve power to serve on a devet-oper a demolition notice if a structure erected by the developer is found to be a nuisance or defective as tQ pose danger or constitute a nuisance to the occupier and the public. (2) Notice setved pursunt to Sub-S-2ction (1) of this Section sh~] contain a date not later than 21 days on which the ContrnJ. Department shall take steps to commence demolition actiot\ on the defective structure. 73. Aft~ the expiration of the time specified in the notice served un6er Sub-Section (1) of Section 72 of this Law, the Control De{)artJ11ent shall take such necessary action to effect the demoJ.iuon of such structure. · · · •.. • • , · · 74. A developer shall reimburse the Control Department for all expenses reasonably i11curred in the exercise of its power under Section 73 of this"·Law. • 75. In the performance of its functions . under this Law in relation to the control of advertisements,. wasteland, trees and • buildings of special architectural or historical significance1 the control Department shall compile a list of such buildings of special architectural or historical significance and may also obtain such list from individuals and corporate · bodies for compilation. . 76. A building may be included in the Control Department list if: (a) the building is of historical or special architectural interest; 23 CC'/ltraventlon of pl.-nnlng Law or reJulatlon Control D!!partment to ser.-e demolition nol'lee on c1 dev~loper . 1 .,. Conttol Department to effect demolition Developet to rel m!:X-Jr s ~. the. control • • • • department Control DeP.artment to complle ll5t of buildings etc (b) . its exterior contributes to the architectural er historical interest of a building or group of buildings of which it form a part; (c) a desirable man-made object or structure is fixed to the building or .a part of the land comprised with the curt!.Lage of the building. ··-· .. ---·- 77. The Control Department may, before compiling a list, consult such persons as may appear to have special knowledge or interest in a building of architectural or historical significance and . shall collect the Gazetted list of all such buildings within its jurisdiction and deposit same with the State or Local Government as the case niay be. 78. For the purposes of carrying out tile re,:ponsibilities under this Law, the Control Department may subject to the approval of the Board make . rules or • regulations pursuant to the provisions of this Law. Control Department to make consultation.. • • , . , • Power to make . regulations 79. (1) A listed building may be demolished, altered .Dernqllshlng ofa ,: . or extended if the Control Department gives a written. ll5ted bullcilng consent for the exec□tion of works on the listed building. Provided that: For Museu111s and . Monuments, consent shall be obtained from the relevant body before · demolition, alteratfon or extension. · ,., ,,:-;, ,, ; .· 1 • • ,,. - '·.:. • (2) For the purposes of this Section, the Control '.. - Department referred to means the Stat~; Development · • .. • Control Department. "" • ·, • · : - : . , , . 80. A person shall be guilty of an offence if he: (a) executes or; causes to pe executed any work aimed at the demolition, alteration ·or extension in any manner which changes · the character of a listed building; or (b) fails to comply with any condition attached to a written consent of the Control Department. Offences 81. A person guilty of an offence under SectiOn 80 Penalty of this Law shall: (a) on summary conviction be liable to .. . :-:L :: ::-:~,:i: imprisonment for a term not exceeding· three months or to a fine not exceeding Nl0,000 or to both imprisonment and fine; 24 (b) on conviction on indictment b I' imp.isonment for a term note iable. to twelve months or to a fine not exceed!ng N20,000 or to both such imp~xceed,ng and fine· isonment ' (c) in the case of a body corporate t of NSO OOO· ' 0 a fine I f ( d) be liable to a fine not exceeding Ne- 0 ~or :very day the offence continue 6r ~~ 1mpnsooment for a term not exceed· one month. ing 82. (1) The control Department shall: (a) where appropriate, grant a development permit subject to a provision on the preservation of existing trees and or planting of new ~rees by the imposition of nec~ss~ry conditions; and • • (b) wittlout prejudice to the provisions of existing Laws under this subject, tne Control Department shall make ''tree preservation orders" for securing such amenity within its area of jurisdiction . Control Department to grant development permit etc . 83. (1) The Control Department sh.a. II regulate the Control d \ Department to imentions, appearance, display, sighting and manner in regulate which an advertisement bill board shall be affixed to land: • ~ertisement . • (2) No person shall display an advertisement wrthout the written consent of the Control Department. • 84. If it appears to the Control Department that the amenity of a part of an area or an adjoining area is seriously injured by the condition of a garden, vacant site or an open land, the Control Qepartment shall serve on the occupier or owner of such land a notice requiring such step for abating an injury as may be specified in the notice to be taken Within such period of time as may be specified. ' Control Department to serve notice to ablate an lnjUry h lty Right of 85. (1) Where It appears to the Board or Aut or occu m Y • that It Is necessary to obtain any land in connection with be~ planned urban or rural development In accordance with the 25 .. policies and proposa-ls of any approved plan, any right of occupancy subsisting' on that 1a·nd shall be revoked· on the recommendation of the appropriate authority. (2) Any right of occupancy held in pursuance of Sub-Section (1) of • this Section shall be revoked· in accordance with the relevant provisions of the Land Use Act. 86. -(1) All matters connected with payment- of c;:p.mpensation for the revocation of a right of occupancy under this Law shall oo governed in accordance with the relevant provisions of the Land Use Act. • Payment of compensation on revocation of right of occupancy I ..., (2) Any compensation paycJble as a result of the revocation of a right of occupancy under this Law shall be paid within a reasonable period. t, ·;. ,,•' 1 87. Notwithstanding any provision of this Law, the . Control Control Department may, where it thinks necessary: ~:~te.nt to ,, (a) facilitate the execution of the approved plan; (b) make payment of reasonable compensation to any person who sustains a damage or suffers· any loss by teasan of his -land being affected by: . (i) injurious infection; (ii) disturbance; - (iii) severance; ~nd (iv) displacement; as a result of the land being fully developed or which after full activity is being carried forth in order to give effect to any of the provisions of this Law. execution of plan etc 88. Where a local plan prepared by the appropriate -Local planning •• authority for reasons set out in Section 21 of this<Law • has ::iJ~~to been approved under Section 30 of this Law, the authority implementing, local plan may exercise the power set out in this Law for the purposes of assisting in the implementation of that local plan. 26 89. (1) A local plan on which Section 21 of this Law appli es may designate and the appropriate authority may, after the plan has bee·n approved, by order published in the Gazette, declare any part of the ar~a for which such plan has been made to be an improvement area for the purpose of rehabilitating, renovating and upgrading the physical environment, social facilities and infrastructure of the area. • (2) The rehabilitation1 rnnovation and upgrading may be brought iibout through .the combined efforts of the r~sidents of the area concerned, the Control Department and any other statutory bodies as may be relevant and complimentary· to the rehabilitatior,, renovation or upgrading of the area. (3) The appropriate authority shall, before declaring an area to be improveme,t area, satisfy itself that the purpose set out in Sub-Sect'lon (2) of this Section is likely to be achieved. . 90. (1) Before declaring ~y part of an area to be an improvement a<ea, the appropriate authority shall: (a) use its endeavour to inform the residents of the proposed improvement area by such means as it deem necessary: (b) (if the purr,--oses and content of the propo~ed improvement; (ii) the powers vested in the authority; and (iii) the facilities which would be made available and . the benefits to be derived in the area. hold meetings with the Local Government of the area or any association in the area • to: (i) ascertain ,. the residents on improvement . exercise of thereto; 27 views the area power of the proposed and the relating Appropriate authority to doclare an Improvement Decluatlon of an lncprovement area etc (ii) set up liaison or consultative committees between the authority and representatives 'of the residents to monitor the progress of the rehabilitation or upgrf!:ling in the area; ( c ) inform other relevant statutory authorities of the proposed improvement area and invite their views ~nd comments; and . (d) take into account the views and comments made under paragraphs (b) and ( c ) of this Section and from other interested parties on the proposed impmvement in the area. (2) The appropriate a.uthority shall after declaring an area to be an improvement area: (a) hold regular meE-~tings with the committees established und£tr Sub-Section(1) (b) (ii) of this Section; (b) assist or join other persons and authorities • in assisting a resident or group of residents within the area. to draw up arid • implement plans for the improvement of · •-· · .. the neighbourhood; · , .. • <··· .. ; i';" (c) generally advise and assist t~e residents of , ·. • · • the area to take full advantage of the improvement concerned. 91. The appropriate authority shall in a·n Powei-ofthe' ,'•. improvement area have power to: ·,, ! • autl1orlty In an Improvement • (a) prepare an improvement area plan area• showing what ways and over what period of time the area Is to be improved; (b) grant, guarantee or facilitate the granting of a loan to a person or group of persons to: ... ~;-·:.u (i) assist in the improvement, repair or renovation of houses within the areas as may be directed by the • appropriate authority; or 28 .(ii) to provide, improve, repair or renovate social and community facilities within the area; or (c ) subject to Section 72 of this Law, demolish or order the demolition of a building or part thereof and where appropriate, recover the cost of the demolition frorn the owner of the building or part thereof; or ( d) improve, repair or renovate or order the improvement1 repair or renovation of a building or part thereof and where appropriate1 reco ver the cost of the improvement or repair from the owner of the building or part thereof; or ( e) pay compensation promptly1 on :JJch terms and conditions as m.:1y be prescribed, to a person who suffers a loss or damage through the exercise by the authority of its power in the area. 92. The power of an authority to demolish or o·rder the demolition of a building or part thereof under this Law sha11 not be exercised unless: (a) the building falls below the standard of other buildings used for habitation in the area that it is 0r is likely to become a danger to the health of its occupiers or occupiers of adjacent buildings; (b) the building is in such a State of disrepair that it is or is likely to become a danger to public safety and cannot at a reasonable cost be repaired; ( c) two or more contagious buildings are badly laid ciut and so congested that without the demolition of one or more of them that part of the improvement area cannot be Improved; 29 Limitations of the authority on demolition (d) It is in connection with the provision of i'nfrastructural facilities of the area; or (e) for any other reason as the authority may deem necessary. 93. (1) The appropriate authority shall before ordering the repair, demolition or renovatfon of a building or part' thereof~ • • (a) inspect the building or part thereof to ascertain its condition and situation; (b) where the proposed order is one of repair of a building or part thereof; prepare a Schedule of necessary regulations which -shall inform the owner or occupier of the building of: (i) t~e proposed order and the mason thereof; (ii) the date, time and place where the authority shall consider any representations or objections to the proposed order; and (v) such other matters as may be prescribed by the regulations; • ( c) affix a notice of the proposed order to which the order relates; ( d) appoini: a committee of members of the authority to hear, consider and report on any representation or objection which may be made orally and in writing by the owner, occupier or his duly authorized representative; (e) where the proposed order is for demolition of a building or part thereof prepare an estimate of the compensation payable to the owner or occupier of the building. (2) .where the authority after consideration· of the r~port of the. committee appointed under paragraph (d) • Authority to inspect a building before ordering Its repair, demolition renovation etc of Sub-Section (1) of this· Section confirms the proposed order.· with or without modifications or alterations, it shaWserve·.·a , · .. , • .. ·.'.·. 'j-- notice of the order and the reasons thereof in such forms as may be prescribed by reg-ulations on: 30 (a) , the owner or occupier of the building; and (b) the person who made representations or objections to the proposed order, (3) An aggrieved owner, occupier or Interested party in a building which Is the subject of a demolition order may appeal against: (a) the order to the plannir:ig Tribunal established under Section 94 of this Law; and (b) the planning Tribunal's decision, may be appealed against to the High Court of the State. ( 4) The authority shall not enter to repair, renov~te or demolish a building or part thereof which is the subject of an order until: (a) after the period stated in the notice of the proposed order has expired; and (b) where there ~s an appeal against the repair, renov-3tion or demolition, until the appeal has bt.:.~n finally determned. PART VII MISCELLANEOUS PROVISIONS 94. (1) There is hereby established, in the State.a- ~ 1 ~1~~aientor Tribunal to be known as the Urban and Regional Planning Tribunal. (2) The Tribunal shall have the jurisdiction, power · and authority c.onferred on it by this Law and·. by any. regulation made hereunder. ,. , - • 95. (1) The Tribunal shall consist o f : . • . . composition or. • the Trlbun·a1 • • (a) a Chairman who shall be a registered town planner with 15 years post • qualification experience; (b) an architect; ( c) a legal practitioner; ( d) an engineer; (e) a land surveyor; and (f) a representative of traditional Institution. 31 ... tLJ rhe Chairman and other members ot the Tribunal shall . be appointed by the Governor on the retommendation ·of the professional body concerned. (3) The Secretary of the Tribunal who shall be a town planner with at least 5 years post qualification experience shall be appointed by the Governor. • 96. The Chairman and members of the Tribunal shall -~~~~:~tn~:~:n • hc.!4d office for a period of four years and may be eligible for ofmetnbersofthe Tribunal re-appointment for another term of four years only. (2) The office of a Chairman or !l'lember of tQe Tribunal shall become vacant if: • • '• ' • (a) he has completed his tenure of office; or (b) he resigns his appointment in writing under his hand to the Governor; o~ . (c) without good cause declines to hear a case during a session of the Tribunal on three consecutive occasions; or ( d) he is adjudged Bankrupt; or (e) he is found to be Insane; o·r (f) . his appointment is revoked by the Governor; or (g) for any other reason he is incapable of carrying out the functions of his office; or (h) he dies. (3) For the purposes of Sub-Section (2).(c:) of this . Section "gobd cause" means: ; • • • ••••• •• ·•,:·· (a) illness certified as suchiby.·a qualified· . · •• , ... ;·. medical practitioner; ··- (b) a professional involvement in a case '·; -' ,· before the Tribunal at an earlier or prior stage; (c) having an interest of a proprietary or pecuniary nature in a case either . directly or indirectly. . . (4) The Chairman-and member of the Tribunal· shall be paid such remunerations, fees and allowances as the Governor shall from time to time approve. • .••,·-: I it• • 97. The Attorney General of the State shalr have · Atibmey • , ,, t , power to make rules of procedure for the Tribunal.. • General to make rules.:: • 32 98. The Building Lines (Regulation) Law, CAP. 17, the Town and Country Planning Law, CAP. 135 and the Katsina State Urban planning and Development Authority Law, CAP. 139 Laws of Katsina State of Nigeria, 1991 are repealed. MADE at Repeal of CAP. 17, 135 and 139 Laws of Katslna State, 1991 r--- , ALHAJI IBRAHIM SHEHU SHEMA tnlm Governor; Katslna State of Nigeria. 33 41 SCHEDULE FORMA (Section 5) This printed impression has be~n carefully compared ~y me with the Bill which has passed the Katslna State House of Assembly and found by n:,e to be a true ar}d cor'.":IJY printed copy of the said aill. • • ~- .. • : .~.i~ FORMS (Section 7 (1)) 1 Assented to by me this ?. ,r- day of FORMC Section 7 (2)) Clerk to the Lug islature ..... Go11ernor Assent withheld by me this, day of , ·--. ·.: c;~ · ... ,d i ,: · •· ' 1'. • •• · · · . ·, •• 201 FORMD (Section 7 (3)) .... ············;······· ···•·.······ .. ··: ............... . • I\ • Governor Passed again by the Katsina State House of Assembly~byt~vb',Uii;ds majority. ·· : this. day of . 201 r •' ·····················································:·· Speaker .., 34 , --. -~-..