Bauchi State Urban Planning Development Law, Chapter 163 of 1989

CAP. 163 Bt111c/1i Srate Urban Pla1111i11g and Oe,·1•/op111e111 Board /.1111• CIIAPTER 16] B/\lJC:111 STATE URBA PL.A NING A1 D DEVELOl'MENT HOARD LAW AR RANGEi-i ENT OF S1£TIONS Pr\R r I SECrlON I. Ci1u11on. 2. l11tcrprc1;1t1on. l'ARI" II £stnblish111e11111111/ Co111pu<itio11 of the Huar,/ J. F.,1ablisluncn1 or'°lhc Hoard. 4 Cumposi1ion of lhc Board. 5. Tenure ofOflkc. C.. Sccrclary 10 1hc l3oard. 7. Removal from Office. 8. Co·op1ion of members. 9. Vac,uion of Office. l'Alfflll Functum am/ /'uht!n 10. Functions. 11. Power of 1hc Board. l'ARTIV 12 13. ,~. t\tlmi11utralln! Orgt111l\tllWII of rlu! /Joan/ General ~t.tn,1g.a. etc. 15. lh. 17. IX ,,, 10. 11 12. 23. 24. Other :-itall. ch.: .. ul 1hc Uoard. Secontlmcnt and transfer of employee,. f h 13 . I • . . ·I· t'n' to cmpto,·cc, o t c o,m. Pll\\er 10 make rcgula11ons re ,, ' g : ·Ii for empl<>yce, of the 1lna1d k I s rehting to retm:mtnt hi.:nc ab Power to m;1 c ru c. , hmJ~ am.I IC'.'-OllfCC~ uf 1hc 130,110. rower to lh,rru,\ money 1i1,1!,tnt~nt ,,t money. PARTY Accuwus mu/ Rqx,ris ,\ccounh Jnd .,udit. 1:.,u111;1tc. , nu:11 r\!pon. Forms of cont~Cb or im,tru1m:nt!'t. \)i1cctton b) the Governor. B- 2055 • CAP.163 81111c/1i Stt1t<' Urh1111 l'lm111i11g attd Dcvclnp111c111 Board lnw SECTION 25. Applicalinn of lhis Lmv. 2<,. Repeal of L:,w No. 21 of 1986, SCHEDULES CHAPTER 163 BAUCHI STATE URBAN PLANNING AND DEVELOPMENT BOARD LAW A I.aw to establish an '4rban Planning and Development Board for the Stale. (BA.S. 21 nf 1986, BA.S. 2 of IWO.] [Commcnccmc,11: 211tl November, 1989) I. Citation This l~1w may he cited as 1hc Bauchi Slalc Urban Planning and Developmenl Board Law. 2. Interpretation In lhis Law, unless ihc co111cx1 olhcrwisc requires- "Agency" means lhe Ccn1ral Rccrui1ment Agency es1ablished by the S1a1utory Bodies (Ccnlrnl Recruitmenl etc.) Agency Law; (Cap. 152.] "Board" means 1he Urhan Planning and Dcvelopmenl Board es1atilished by sec­ lion :i of 1his I ~,w; "Clmlrmnn" means 1hc Chairnmn of the Board appoinled under sec1ion 4 (2) of lhis l.iw: "designated area~ means lhc areas menlioncd in 1he Firsl Schedule; "Governor" means the Governor of Bauchi State; "Government" "!cans lhe Bm,chi Slate Government; "State" means lhc Bauchi Slate of Nigeria. PART II £stal>/ish111e111 011d Co111positio11 of the Board J. Establishment ofthdfonnl (I) There shall he estahlishcd a hoard 10 be known as lhc Bauchi Slate Urban Plan­ ning :md Development Board. B-2056 CAP.163 ·//1111cl,i State Urba11 Pla1111i11g m,d Developmcm Board Law (2) The Bo,1rd shall he a body corporate with perpetual succession and a common seal and with power to sue and he sued in its corporate name and to acquire, hold and dispose or.my properly moveat,lc or immovable. 4. Composition of the Uourd (I) The Board shall consist or the following meml>ers- (a) a Chairman and eight olher members; and (/,) the General Manager or lhe Board shall be an ex officio member of the Board. (2) Appoi1111111•11t of Clr11irma11 a11d otl,cr mcmber.f The Chair111an and 01her meml>ers of the Board shall t,e appointed by the G0vernor. (3) There, ~hall be paid to the Chairman and other members of the Board appoinled under the provisions of suhscction (2) or this section our of 1he funds of the Board such remuncralion as the Governor may determine. • 5. Tenure of Office j I) The Chairman and other members of the Board shall he appointed for such period 1101 exceeding lhree ye:1rs. (2) A memher may resign his membership hy writing a lener of resignalion under his hand 10 the Governor. 6. Secretory-to the llnurd (I) Subje~t: 10 section 12, !here shall he a Secretary to the Board who shall conduct its correspondence and keep its records and exercise such other functions as the Board may rrnm time to. time direct or as may be conferred on him by or under lhis Law or any other writlen law. • (2) The Sccrclary slrnll he an officer bul nol a member of the Board. 7. Rcmovol from Office (I) A me~hcr appointed under section 4 (2) of this Law is removable from Orfice by the Ciovernor for permancnl incapacity or for olher cause. (2) Where a memhcr has been absenl from attending three consecutive meetings of the Board wilhoul permission of lhe Governor in lhe case of lhe Chairman or the Chair• man in lhe case of other members lhc Governor may revoke lhc appoinlment of such member. • (3) Where a memher is lemporarily incapacitated by illness and cannol perform the func1ions of his Orfice or is lemporarily absent from Nigeria for a period of not Jess than three months lhe Governor may appoint any person to hold temporarily the Office held hy such 1emporarily incapacilaled or absent member. • (4) The per.<1111 appoinled under subsection (3) of lhis section shall be entitled to per­ form all functions and enjoy all rights and privileges of a member. B- 2057 (t<.wcl( CAP.163 llt111ch{Su11e Url>a11 l'lt11111i11g a11d Devefopmem Board Law 8. Co-option of members (I) When on any occasion, Ihe Board is desirous 10 obIain Ihe advice of a pc'rson upon any mailer, lhe Board may co-opl IhaI person 10 he a memhcr of such meelings. (2) The person so co-op1ed shall have all rigf11s and privileges of a member save lhat he shall noI he enlilled to vme upon any queslion. 9. V11rntion of Office Tlw Office of a memhcr shall hcl·ome vacanl upon his- (a} dcalh; (h) convicIion for .o criminal offence involving fraud, dishonesly or moral lurpilude; (c) resignation; (d) removal hy lhe Governor for mishehaviour or any other cause. PART III F1111ctio11 and Powers to. Functions (I) The Board is herehy under lhc Town and Country Planning L1w appointed the planning aulhoriIy for all urhan areas specified in lhc Declaralion of Planning Areas Order 1988. [Cap. 159.) (2) Wilhoul rrej~dicc In lhc provision of subsccrion (1) of Ihis seclion lhe Board shall- • (n) he the execulivc aulhorily for 1he planning and carrying inI0 effccl of any such scheme under lhe Town and Counlry Planning Law; (b) have rcsponsihiliIy 10 fosler lhe development of urban areas of lhe SIaIe; (c) provide public ameniIics and promote commercial, indus1rial or agri.cul­ lural projects. I I. Powers or the Board The Board shall have powcr- (a) 10 conlml and man:,ge all assets vcsIed. or 10 be vested in the Board under lhe provisions of Ihis l ,1w; (h) 10 conslrucl and mainlain roads, fooIways, bridges, drains. sewers and wa­ ler courses: (,I) )Issue II to acquire, conslrucl or repair any works, plans, nr apparaIus which are necessary or desirahlc for lhe purposes of lhc Board: 10 enter inI0 such contracl as may be necessarily advanIageous or cxpedienl for 1he performance of its funclions under this Law; B-2058 CAP.163 . Buuchi State Urbtm Plu1111i11g u11d Devl!lop111e11t llu11rtl Lmv (e) 10 carry on in associa1ion with other bodies and persons (im.:luding compa­ nies, government authorities, or local governments) or as managing agents, any activity which is necessary or desirable for the performance of its func- tions under lhis l...iw; • (/) to acquire, purchase, lease, mortgage, hold, construe!, 111anufac1un: or maintain any property whatsoever, whether movable or immovable, re­ quired for or in connection with lhe purpose of its functions and to sell, dispose of or otherwise deal wilh such property or any part thereof; (g) to accept or acquire and hold any security of any kind in any form whatsoever; (I,) to surrender, re-transfer or re-assign any security held by the Board whether wpon exchange for another security or upon discharge; (i) in relation to any security held by the Board, to exercise any power, right or privilege in respect thereof which a private individual would be capable of exerci~ng in like circumstances; (j) to make, draw, accept or endorse nego1iable inslruments; (k) 10 insure its properly againsl all forms of risk; (I) to perform such other functions as may from time to time he assigned to it by the Governor as are incidenial to or necessary for proper execution of its functions; (111) in carrying out its functions under this l...iw the Board may do so alone or in conjunction with any Ministry, Departmenl or Local Government; • (11) to delegale or aulhorise any of its members, officers, employees servanls or agents to acl on i1s behalf in any maner related to the performance or any of its functions. PART IV A1l111i11istrt11ive Orgt111is11tiu11 u/ the Butml 12. General Manager, etc. (I) The Chief Executive Officer of the Board shall be its General Manager who shall be a professionally qualified engineer with sound experience of engineering and man• agcmenl and shall have ullimate responsibility for lhc carrying out or lhe policies and decisions or the Board in acc.-ordance with provisions of this Law. (2) There shall be u Secretary to lhc Board who shall, subject to 1he provisions of Ibis Law, have such functions of an administrative nalure as the Board may from time to time assign to him. (3) Power lo appqint and exercise disciplinary control over the Secretary, and 10 de­ termine his terms and conditions of services as to remuneration or othcrwis.e, is vcsh:d in 1he Agency and is also subjecl to the provisions or any regulations or rules lhat nmy be under scclion 14 or 15 . . B-2059 llssuc IJ CAP.163 Ba11c/1i Stole Urb1111 Pla1111i11g mu/ Devclopme/11 Board Law 13. Other staff, etc.. of the Board (I) Subjccl lo lhc provisions or 1his scc1io11, lhe Agency shall have power 10 appoinl and exercise disciplinary conrn,I nvcr such olhcr officers. servanls and ngenls as it may 1hink necessary for lhe discharge nr lhe 13oard"s functions under 1his Law and to deter­ mine rhcir lerms and conditions nr service as lo rcmunernlion or 01hcrwisc. (2) The exercise of the powers vcslcd in lhe Agency by subsection (I) shall be sub­ jecl 10 lhc provisions of any reg11la1in11s or rules thal may be made under sec1ion 14 or 15. 14. Sccnndment nnd transfer of employees The Agency may cm'ploy on secondment such officers of 1he public service of lhe S1a1e or lhc service of any olhcr Slalc. l.Alcal Governmenl or Local Govcrnmenl Admini­ s1ra1io11 as may, wilh lhe agrecmcnl of such officers, be seconded 10 lhe service of lhc Agency in accordance with the procedure applicable to lhe secondment of such officers. 15. Power In make regulations relating to employees of the Board The Agency may, suhjcct In lhc provisions of Ibis L..1w, make regulalions wilh respect of appoi111111en1, promotion. lrnnsfcr and dismissal of, and exercise of disciplinary conlrol over 1hc Board's employees. and willmul prejudice to lhe gcneralily of lhe foregoing pro­ visions. make regulations for any of lhc rollowing matlers- (11) lhc quali~calions 10 he required for appointmenls; (/,) lhc mclhod of appnin1mcn1 (including prohalion and confirmalion); (,·) lhe form of any agrecmcnl lo Ile enlered inlo be1ween lhe Agency and ils employees: (ti) 1he lerms and condilions of service (including, wi1hout prejudice to the generality. of 1ha1 expression. lhe salaries and allowances, the grant of advances, the provisions of quarters, leave, and medical and denial trealmenls): C,,) lhe procedure ancl requiremenls for promo1ions; (/l lhe maintenance of discipline (including dismissal and 1he 1ermina1ion of appointmcnls}: (g) lhc lransfcr of employees between lhc Board and Governmenl of rhe S1a1e, any olher Slale, Local Governmenl Aulhorily or Local Adminis1ra1ion,°or any olher s1a1u1ory rnrpnraliun; (/,) such orhcf mallcrs relaling lo dcpai'tmcnlal procedure and dulies and re­ sponsihililics of employees as lhc Agency considers can he hcsl provided for by regula1inn. 16. Power to make rules relating 10 retirement benefits for employees of the Boa.rd The Agency. may. wilh lhc approval of 1he Governor make rules. wilh respect 10 1he Board"s employees. for- (a} the pensions. grn1ui1ies and reliremenl allowances 10 be granted lo pension­ able employees of 1hc Board and I heir dependants; 13-2060 l CAP. 163 lla11r/1i S1111,• Urban Plw111i11g mu/ Dcvdop111c111 Roard Law (h) the grntuities and retirement allowances to be granted to non-pensionable employees of rhe Board and their dependants; (c) all matters ancillary to the mailers mentioned in paragraphs (a) and (b). 17. J,"unds and resources orthe Boord The fonds :ind resources of 1he Board shall consisl of- (a) such sums or olhcr property whalsoever as may from lime 10 time be ad­ vanced hy way of loan or granled 10 the Board by 1he Government, any Local (iovcrnmcnl slalutory corporaIion, any institution of any such Governmenl, any intcnmlinnal agency, any privale foundation or any person whatsoever: (/,) all sums e:,rned in rcspccl of any service provided by the Board; (c) any investments or other property whatsoever acquired by or vested in the Bo:ml and all money earned or arising therefrom; (d) all sums received or falling due to the Board in respecl of the repayment of :my loan made hy rhc Roard or lhe interesl payahle in respect !hereof; (e) all other sums or other property which may in any manner whatsoever he- come payable to or vested in lhc Board. • 18. Power to borrow money {I) Subjecl 10 the provisions of this section, the Board may, by issuing debentures, stock or ocher securirics, or in any other manner, borrow sums required by it for meeting any of its oblig:,tions or discharging any•of its functions under this Law. (2) The power of the Bo;ird to borrow shall be exercisable only with the approval of the Governor as to the amount o( the loan, lhc sources of and lhe lerms on which the bor­ rowing may he cffccled. and 1hc approval given for lhe purposes of chis suhseclion may either he genernl or limiled to a particular borrowing. Pl The approval of the Governor for the purposes of this seclion may be subjccl to such condilinns, as he urny specify. (4) A person lending money 10 the Board shall not be bound 10 inquire whether lhe borrowing of money is wilhin the power of the Board. (5) All sums received hy Ihe Board shall be crediled to the funds of the Board. 19, Investment of money The Board may invest money slanding to its credit and not for the time being required for the purposes of its functions in stocks, shares, deheniures or any other securities whatso­ ever and the Board may sell, dispose of or otherwise deal with all or any of such securities. 20. Accounts und nudit (I) The Board shall- PARTY Acco11111s am/ Repor/s (a) cause to he kept proper accounts in respccl of i1s funclions under this Law and other records in rela1ion thereof; and B- 2061 (t .. <uc I] CAP.163 Bm1c/1i State Urba11 l'la1111i11g and Dcvclopme11t Board law (h) prepare in respect or each financial year a statement of its accounts. (2) The accounts of the Board for each financial year shall he audited within a rca­ sonahlc time after the end of the financial year by auditors who shall he appointed by the Board from a list or auditors supplied hy the State Director or Audit. (3) Soon after the receipt of the ,1udit report the Buard shall forward a copy of the ni­ port tn the Director of Audit for his comment. (4) The Director of Audit shall forward his comment on the report submitted to pim under subsection (3) of this section to the Governor within one month of its receipt. 21. Estimate Before the commencement of each financial year the Board shall prepare an estimate of its rc\'enue and expenditure fnr the coming financial year and suhmit the same to the Cinvernnr for his approval. ;ind he shall have power to disallow or reduce the provision under any item in the estimate :1s he may consider necessary. 22. Annuul report (I) The Board shall. within four months after the end of each financial year. make to the Cinvcrnor a report. in such form and containing such particulars as he may from time to time direct, dealing with the activities of the Board during that financi.11 year. (2) Every ;,nnual report m:ide hy the Board under suhscction (I) slrnll contain particu­ lars of all direct inns .given under this l.mv by the Governor to the Board during the financial year. (3) A copy of the annual report made to the Governor under subsection (1) of this section :ind the audit report together with the Director of Audit's comment on the report shall he l11id hcfore the Governor of the State within four months after the end of the fin:111cial year. 2.,. Forms of controcls or Instruments . (I) Any contract or instrument which if entered into or executed hy a person not be­ mi; a hotly corporate would 001 require to he under seal may he entered into or executed on hchalf of the Board hy the Secretary or hy any person generally or specially authorised liy the Board for lhnt purp1>sc. , (2) Any document purportini; 111 Ile a document duly executed or is.~ued under the seal of lhc Board or on hchalf or 1hc Board shall unless the contrary is proved to he • document so executed or is.suctl, as the case may he. • ' ,1 24. mrcction by the Governor The Governor may give lhc Bo:ird directions f al!y to particular mat1crs wiih regard to the ex • ~ 3 ;eneral characte~ or rclat ing gener­ tlus Law nntl it shall he the du1y or II . 8 .. , erc1se y t~c Board of Its funcuons under ic O,lru 10 comply with such tlirections. D-2062 i. Rmtrhi S11111• Ur/,011 Plm111ing t1111l Developme/11 Board Law • CAP.163 2S. Application nf this l..aw Subj~-ct to 1he other provision,s of this Law the Law shall apply to the areas specified in 1he First Schedule which may by order be varied by the Governor. 26. Repeal of Lnw Nu. 21 of 1986 (I) The 13uuchi State Urhan Utilities Board Law, I 9R<, is hereby repealed. (2) The repeal under sub5cction (I) of this section shall be without prejudice to the validity nf actinn legally lakcn by the Urban Utilities Board between the 2nd day of No­ vember. 19!19 and the date nf enactment nf this Law. Bauchi. Gnmbc. Azare. Misau. Alk.1leri. D.1razo. Oa<.s. Tafawa Balcwa. Tnro. Dukku. Gitmawa. Jama"arc. Billiri-Kaltungn. Kumn. Ningi. Shira-Yana. SCHEDULES FffiST SCHEDULE SECOND SCHEDULE I Meetings and procedure . may be necessary for the due £ul- • . d nd many mcclln~ a.• (I) 'The Bn;11d shall hold suld I ~ least two meeting.• every ycor. r,1mcn1 n£ iL< (unctinn.< ,1 shall hn a . r lhC Bnard- • . (2) Al a 111ce1111g" . 1 bc Chairman of 1he mee11ng, (a) the Chairman ,hall, if pre!aen ' \bnC ll B-2063 ., .... • CAP.163 Ra11cMSw1c Urb1111 P/a1111i11g a11d Dcve/opme111 Board Law (/>) if and so long as lhc Chairman is nm presenl or if lhe office of lhc Chairman is vacanl, lhc mcmhcrs of lhe 13oard shall choose one of lheir members 10 be Chair• man of lhc mecling. (.') Every queslion al a mcclini,: of lhe Ooard shall be delcrmincd by majorily of lhc voles of lhc memhers prescnl and voling on 1he qucs1ion, and in 1hc case of an equal division of voles. lhc Orninnari of the mecling shall have a second or casling vole. (4) / y lhree mcmhers of 1hc Board may by notice in wri1ing signed by them request lhe Chairman to call a special mcc1ing of 1he Board for the purposes sel out in such nolice and lhc Chairman shall thereupon call a special meeling. 2. Quorum Five memhers (including lhc Chairman or Olhcr mcml>er presiding) shall form a quorum al any mccling of lhi: Board. 3. Common seul (I) The 13oard shall aflcr i1s es1ahlishmcn1 provide ilself with a common seal. (2) The common sc:11 of 1hc 13<~1rd shall he au1hentica1cd by 1he signa1urc of lhc Gc'ncral Manager nr some 01hcr memher aulhoriscd hy lhc 13oard In act in tlrnl bclrnlf and the signalurc of the Sccrc1ary of the :l.lo:ml . .i. St11ndlng nrdeo Suhjccl to the provisions of this L1w the Board may make standing orders for the purpose of rcgula1ing its procedures. 13-2064