Bauchi State Integrated Rural Development Law, no. 1 of 1986

3. Establishment of the Authority.

4. Governing Council. bers, etc.

5. Tenure of office of appointed mem PART Ill Jwrity Functions and Powers of the AUI 6. Functions of the Authority.

7. Powers of the Authority. PARTIV Administrative Organisation 8. General Manager.

9. Secretary. ents and Management Units. JO. Establishment of Departm agement Units.

11. Establishment ofZ ona l Man l Dev elop ment Advisory Committee. 12. • Establishment ofZ ona erty, etc., on the Authority.

13. Vesting of institutions' prop PARTY ort Funds, Assets, Accounts and Rep Authority. 14. • '°Funds and resourees'ofthe ived by the Authority.

1S. Application of sums rece 16. Accounts. 17. Annual accounts. Miscellaneous I8. Authentication of documents. 19. Representation in Court. 20. General Direction by Governor. (Issue I] B- l049 I CAP. 72 Bauchi State Integrated Rural Development Authority law SECTION 21. Standing orders.

22. Regulations CHAPTER 72 BAUCHI STATE INTEGRATED RURAL DEVELOPMENT AUTHORITY LAW A Law to establish an Integrat ed Rural Development Authori ty in Bauchi State. (RA.S. I of 1986, BA.S. JO of I986, BA.S. 4 of 1987 .] o [Commencement: 1st January, 1986] PARTI Preliminary 0

1. Short title This Law may be cited as the Bauc~i State Integrated Rural Development Law.

2. Interpretation ' .• In this Law, unless the context otherwise require s- "Council" means the governing council for the Integrated Rural Development Authority established under section 4 of this Law; "Director or Audit" means the Director of Audit of the State; "financial year" means the same period of time recognised by the State Govern- ment as such; "Governor" means the Governor of the State; "Local Government" means a Local Government established under the Local Government Law of the State; "memb er" means a member of the Council and includes the Chairman; "State" me.ans Bauchi State of Nigeria; "Zona) Development Advisory Commit tee" means the Committee establish ed under section 11 of this Law; "Zona) Manage ment Unit" means the unit established under section 12 of this Law. PART II Establishment and Constitution of the Authority 3 Establishment or the Authori ty • . h Stat t be known as Bauchi There is hereby establis~ed a bo~y ,~ t e fi e /10 as "the Authority")State Integrated which -shall be Rural Developme~t Authority (herema er re erre B- 1050 (Issue I) .' '' CAP. 72 Bauchi State Integrated Rural Development Authority" law a body corporate with a perpetual succession and a common seal and with a power to sue or be sued in its corporate name. 4, Governing Council There shall be a Governing Council which shall conduct the affairs of the Authority and shall be composed of- (,,) the Governor as Cftainnan; (b) all other members of the State Executive Council; Member (c) the Managing Director, Bauchi State Integrated Rural Development Authority; Member (BA.S. 4 of 1987.) (d) the General Manager, Upper Benue River Basin Development Authority; Member (e) the General Manager, Hadejia-Jama'are River Basin Development Authority; Member •(/) one Representative of Abubakar Tafewa Balewo College, Ahmadu Bello University to be appointed by the Governor. Member

5. Tenure of office of appointed members, etc. (I) An appointed member other than an ex officio member shall hold office for a pe- riod of 2 years from the date of his appointment and shall be eligibl e f<W re-appointment. (2) The office of an appointed member other than ex officio member shall become vacan t.if- .. (a) he has completed his tenure of office; (h) he resigns by writirtg under his hand addressed to the Governor; (c) he has without leave of the Chainnan absented himself from the three con- secutive m~etings of the Authority; (cl) he is found to be incapable of carrying out his duties; (e) his appointment has been revoked for misconduct or any other cause. (3) There shall be paid to the appointed members out of the. Funds of the Authority such remuneration or other expenses as the Governor may determ ine. PARTtll Functions and Powers of the Authority

6. Functions of the Authority (1) It shall be the duty of the Authority to foster, encourage and promote the develop- ment of human, physical and material resources of the rural areas I of the State. [Issue I] B - 1051 CAP.72 Bauchi State Integrated Rural Development Authority Law (2) Without prejudice to the generality of subsection ( l) of this section the Authority shal l- (a) provide the development of agriculture by improvemen t of fanning methods and fann management procurement and supply of inputs and other neces- sary services including animal husbandry, range mana gement and agro- industrial development; [BA.S. 10 of 1986.] (b) take over and maintain rural electrification undertaking s and instullations of the State's rural electrification programme; (c) take over, construct and maintain rural roads in the State under its rural roads programme; (d) take over, construct and maintain rural water supply in the State under its rural water supply programme; (e) encourage the growth of community participation and the development of community programmes with a view to achieving self-s ufficiency and self- reliance througft self-help; (/) inculcate the virtues of patriotism, self-reliance, discip line, selfless service and leadership in youth of the State with a view to ensuring a purposeful sense of direction; (g) encourage the fonnation and the supervision of co-op erative societies; (h) provide, construct rural maternity clinics. (3) Maintenance for the purposes of paragraph (h) ofthis 0 subsection means the provi- sion of infrastructures including water, electricity and access roads.

7. Powe rs of the Auth ority (I) The powers of the Authority shall inclu dc- (a) responsibility for the definition and control of rural devel opment policy of the State; (b) determination and periodic review of the role of the Integrated R~ral De- velopment Authority of the State with the elimination of any possible du- plication of effort between the Authority and any Minis try or Department; (c) generation, transmission, tran~fonnation, distribution and .selling of elec- tricity to individual customers m the rural areas of the State, (cl} maintenance of workshops for the maintenance and repair of all its plants, machinery, equipment and fabrication of prototypes; · . . • holding constructing, manu- (e) acquiring, purchasmg, leasin g, . • • • Of any mortgprope agmg,h ' rty w atsoever, whc•ther movable or factunng or mamtammg . • • 'th the purpose of its functions immovable required for orhm c~nn ~cu~ :i: property and to sell, dispose of or ot erw1se ea or any part thereof; . . ·n bulk electric power from other soug;es for the purehasmg 1 discharge of <J> , . . its functions under this Law, [Issue I] B-10 52 CAP. 72 Bauchi State integrated Rural Development Authority law (g) entering upon any land al any time for;,the purpose of laying , erecting or removing any water pipe or electric pole, which is the .Authority; proper ty of the ~ • (h) c~rrying an?" water pipe through, across or under any street or any place laid out or intended as a street after giving reasonable notice in writing to th~ owner or under any lands whatsoever without any compe nsation but making good any damages done; . (,) imposing, levying or collecting fees or charges for its servic es; (j) undertaking studies leading to the preparation of develo pment plans for carefully selected groups of villages and for settlement schemes where appropriate; • (k) assisting in the provision where necessary of social ameni ties such as com- munity halls, libraries, reading rooms, play grounds and other rural com- munity projects; (/) setting up training schemes to meet the needs of the Autho rity; (m) constructing and maintaining buildings and other works necessary for the discharge of its functions under this Law; (n) assessing the financial requirements, budgeting and financ ial control of the Authority, including reviewing and the approving of annua l budget; (o) entering into such contracts as it may deem necessary, advantageous or expedient for the purpose of its functions; (p) borrowing money for purposes of its functions; (q) makin g, drawing or endorsing negotiable instruments; (r) engaging and remunerating servants and agents upon such tenns and condi- tions as may be prescribed by the Council; (s) doing such other things as are reasonably incidental, supple mental or con- ducive to its functions under this Law. • (2) For the avoidance of doubt, it is hereby declared _that the preceding provis!ons of this subsection relate only to the capacity of the Authority as ~ ~tatutory. Authority and nothing in the preceding provisions shall be construed as authonsmg the disregard by the Authority of any 'k"ritten law or rule oflaw . PART IV Administrative Organisation

8. General Manager (I) The Council may upon such terms an? conditions as a~e nor appoint a suitable and qualified perso~ with a sound expen appr~v~d ence as t e e t ~~':a¥~=~= ager of the Authority• Ch"1 f E . t've of the Authority responsible ~ a~~c~~ eneral management of its day (2) The General Manag~r. shall be the for the execution of the pohc1cs of the Auth~ri ~er functi to day business and shall also carry out sue o !ns as the Authority may from time to time direct. (Issue I) B-10 53 CAP. 72 Bauchi State Integrated Rural Development Authority Law 9, Secretary 0 r ap- (I) The Council may upon such tenns and conditions approved by the Governo point a Secretary to the Authority. (2) The Secretary shall conduct the correspondence of the Authority, keep proper re- Authorit y and perform such other function s as the Author- cords of the proceedings of the ity or the General Manage r may direct from time to time. to. Establishment of Departments and Management Units y For the purposes of executing its powers and functions under this Law, the Authorit appoint suitable is hereby empowered to set up Departments and Management Units and and experienced persons to head such bodies. JJ. Establishment of Zona I Management Units (I) There shall be established a body to be called the Zonal Management Unit for n and all BASIRD A unit each zone which shall consist of the Zonal Manager as Chairma Zonal Heads in the zones as members. [BA.S. 4 of 1987.] (2) The functions of the Zonal Management shall be as follows: (a) overall execution of field activities in their zone of operation; (b) reporting directly to the Headquarters progress achieved, problems faced and feedback; (c) provide secretariat for the Zonal Development Advisory Committee; (d) preparation of Zonal Development budget on the advice of the Zonal Development Advisory Committee. J2. Establishment of Zonal Development Advisory Committee Devel- (I) (a) There ,shall be established in each zone a body to be called the Zonal opment Advisory.~ommittee which shall consist of the following: (i) the Zonal Manager, BASIRDA; (, l :•• [BA.S. 4 of 1987.] (ii) Chairman/Admin istrators of all the Local Government Councils in the zone; Manager; (iii) BASIRDA zonal representatives to be appointed by the Zonal and. • I, j I 0 y. (iv) the Chief Administrative Officer of the zone to act as Secretar I I tee shall be as (2} The functions of the Zonal Development Advisory Commit ,.,1 • follows - (a) advise on zonal physical and development requirement; (b) act as a link between the Authority and the Leadership at the Local Gov- ernment level; (c) supervision of all development activities of the Authority in the zone of op~ration; (Issue I] B-1054 CAP. 72 Bauchi State Integrated Rural Development Authority Law (d) act as a source of feedback to the Council the Authority's Management system; (e) pcrfonn any function to be assigned to it by the Authority. (3) ·(a) The Managing Director may establish Development Advisory Committees at the LocaLGovcmment, District, Village and Hamlet level under the chairmanship of the Chainnan/Administrator of the Local Government, the District Heads, the Village Heads and the Hamlet Heads respectively . .'(b) The functions of each Development Advisory Committee in paragraph (a) aret~ (i) advise on the physical development requirements of their respective areas; (ii) act as a link between the Authority and their respective communities; and [BA.S. 4 of 1987.] 0 • (iii) act as a source of feedback to the Authority.

13. Vesting of institution s, property, etc., on the Authority o With effect from the date of commencement of this Law or any other date to be ap- pointed by the Governor, there shllll vest in the Authority and without further assurance, such vesting shall extend to the whole lands, works, assets, powers, rights, privileges, equipments and any other property or materials, including staff (unless otherwise) of the following institutions: • (a) Bauchi State Agricultural Development Programme; ',• (b) Range Management Unit of the Ministry of Agriculture; (c) Rural Electrification Programme of the Development Board; ,(d) Rural Water Supply of the Water Board; • (e) Rural Roads of the Ministry of Works; .• (/) Community Development Division of the Ministry for Local Government; . ($) Youth Work of the Ministry of Social Welfare; • (h) Co-operatives Division of the Ministry of Commerce and Industry. PARTV Fund~. Assets, Accounts and Report

14. Funds and resources of the Authority The funds of the Authority shall consist of- such monies as may from time to time be lent or granted to the Authority by the Government of the State; such monies as may from time to time be lent or granted to the Authority by the Government of the Federation of Nigeria; [Issue I) B- JOSS CAP,72 Bauchi State 1ntegrated Rural Development Authority Law (c) such monies.or other property whatsoever as may from time to time be advanced by way of loan, or granted to the Authority by any Local Gov- ernment of the State or Statutory Corporation, any Agency, International Organisation, private Foundation or any person whatsoever; such sums as may be collected or receiv.ed by the Authority in the perform- ance of its functions; (e) all such other sums or property payable to or vested in the Authority under this law or by virtue of any other law. IS. Application of sums received by the Authority (I) All the funds received by the Authority shall be credited to the funds of the Authority. (2) The Authority may apply funds at its disposal to its own expenses including the remuneration and expenses of its members in respect of their duties as members and payment of salaries, allowances, pensions, gratuities and retiring benefits of its office and servants. (3) The Authority may incur expenditure necessary for or incidental to the carrying out of any function or power conferred upon it under this Law.

16. Accounts (I) The Authority shall keep proper books of accounts in respect df each and every financial year and shall within three months after the end of each financial year cause the accounts thereof to be audited by an approved authority. (2) The Director of Audit may report on the Audit Report mentioned in subsection ( 1). [BA.S. 4 of 1987.)

17. Annual accounts 0 (I) The Authority shall within 4 months after the end of each financial year submit to the Executive Council an annual report of its activities for that year and shall include in such report a copy of the audited account of the Authority report thereon. (2) Before the commencement of each financial y,ear, the Authority shall approve the estimate of its revenue and expenditure for that financial year and submit the same to the Executive Council through the Commissioner responsible for Rural Development. Miscellaneous

18. Authentication of documents (I) Any contract or instrument which when entered into or executed by a person not being a body corporate, may not require to be under seal, may be entered into or executed on behalf of the Authority by the General Manager or any person generally or specially authorised in that behalf by the Authority. [Issue I) 8- 1056 . CAP. 72 BaucJ,i State Integrated Rural Development Authority Law (2) The fixing of the common seal of the Authority shall be authenticated by the sig- nature of the General Manager or some other member or person as may generally or spe- cially be authorised in that behalf by the Authority.

19. Representation in Court (I) In any suit the Authority may at any stage of the proceedings be represented in Court by a State Counsel or any other competent Legal Practitioner. (2) For the purposes of this section- "suit" includes action or any civil proceedings commenced by a writ of summons or in such other manner as may be prescribed by the rules of court but docs not in- clude criminal proceedings.

20. General Direction by Governor (I) Notwithstanding anything contained in this Law, the Governor may give direc- tions ofa general or specific nature to the Authority with respect to the performance of its functions and it shall give e~fect thereto. (2) The Governor may by order confer on the Authority such additional power or functions as he may deem fit.

21. Standing orders The Authority may make standing orders to regulate the procedure and the conduct of meetings of the Zonal Management Unit and the Zonal Development Advisory Committee.

22. Regulations i, The Governing Council may regulate its own proceedings and make regulations for the be~~r.carrying out of the provisions of this Law. \ 0 [Issue I) I• 8- 1057