Enugu State Oil Palm Development Agency Law

.. ,. ~ Enugu Stat~ O[l Palm Development Agency (CAP. 64 CHAPTER64 ENUGU STATE OIL PALM DEVELOPMENT AGENCY LAW Arrangement of sections Section l. Short title. 2. " .) . 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. Interpretation. Establishment of Agency. Establishment of Board. Board to exercise functions of Agency. Validity of proceedings. Tenure of office. Remuneration and allowances. Delegation of functions. Functions of Agency. Directions by Governor. Meetings of Board. Quorum. Staff. Appointment and functions of General Manager. Nature of service. Funds of Agency. Applications of funds and resources. Annual estimate. Reports, accounts and auditing. Exemption from liability. Restriction on execution. Representation in court. Common seal. Execution of contracts. Regulations. ,.1 ••• ' . ~· . . .,. .... . . , .:- , . . . -. ,. . . . . •••--· .,· .... .;.· ..;.;·:·-"'-'..·. · :;:·· -;.:/.- -r;;i}~:~;tJii}:;;,:-,~:'.~tfit}~ Enugu State Oil Palm Development Age11cy (CAP. 64 1893 CHAPTER64 ENUGU ST ATE OIL PALM DEVELOPMENT AGENCY LAW A Law to establish an oil palm development agency for the State and to provide for connected matters. ENSL 1998. No 12 [27th August,1991] 1. This Law may be cited as the Enugu State Oil Palm Development Agency Law. 2. In this Law " Agency" means Enugu State Oil Palm Development Agency established under section 3; "Board" means Management Board of the Agency established under section 4; "Chairman" means Chairman of Board; "Community" has the meaning assigned to that word in the Enugu State Fund for Rural Development Law. "General Manager" mem1s General Manager of Agency; "Governor" means Governor of the State; "member" means member of Board; "palm" means oil palm; Short title. Interpretat ion "small-holders" means persons or bodies whether corporate or unincorporate who or which have established or are engaged in establishing plantation not exceeding tert hectares in size; "Small-Holder Oil Palm Development Scheme" or "Schen'le"means scheme by which persons, bodies, whether corporate or organized groups ·are · encouraged to establish oil palm plantations not exceeding ten hectares in size and to grow in such plantations improved variety oil palm seedlings and, wherever applicable, to systematically replace wild or senile oil palm trees with improved variety oil palm seedlings; "State" means Enugu State of Nigeria. 3. ( 1) There is hereby establ~shed in the State a body to be krlown as the , Esti,.blishment Enugu State Oil Pahn Development Agei1cy. . ofAgen1;y . . . - ,· .. . , · . .. -;.;~ . . :~~-~ ~-··· , 1894 CAP~ 64 ,\ Estnhli!;hmcnl or Bonrd. Board to exercise functions of Agency. Valldily of proceedings. ·: Tenure of :' J. - . ot;ftce. . ,. • a .. ·.~ (2) The Agency shall be a body corporate with perpetuals . . . . uccess10 a common seal and with power to sue and be sued in its corpo n and . . · rate narn to acquire, hold and d,sposc of property. eand 4.(1) There is hereby establ ished for the Agency a Board to be ki · the Enugu State Oil Palm Development Agency Management Boa/dowhn as . . w ~ shall comprise (a) a Chairman appointed on part-time basis by the Governor· (b) not less than five and not more than eight fit and proper p~rso . d ns appomte on part-time basis by the Governor; (c) a representative each of (i) the Ministry for the time being responsible for matters relating to agriculture; (ii) the Ministry for the time being responsible for matters relating to finance and economic planning: (iii) the Ministry or Department for the time being responsible for matters relating to rural development; (iv) the Federal Ministry for the time being responsible for matters relating to agriculture; and (d) the General Manager. (2) The persons who are members by virtue of paragraphs (c) and (d)of subsection ( 1) are ex officio members. 5. The Board is the governing body of the Agency and shall in that capacity (a) exercise all the functions of the Agency; and . (b) do or carry out all acts or things which the Agency is by this Law or any other Law required to do or carry out. 6. The validity of the proceedings of the Board shall not be. af~ected bt)~f . . - 1 . . tl ppoinunen any vacancy among the members or any irregu an-cy m 1e a . · · . · ainember. · · · · · · ' ' ' • I~ · · · · · .· · t being an 1:. 7. (~) Sub~ect to the pleasure of tl:i~,Qq~~rn~t, ~ inen:i~er ~o three years · .. ojjk,o member shall hold office f~~ sµ~h }>enod ·not e~ceedu1:g 'ppointed; as tn~y be spe~ifi~c;l in the. instrument or,lett.ej·. by wh1d~ b~ :1n.~met1t. .· provided that every such,member sh.all ht? ehg 1ble .f9tre .. ~pp - . . , '. - , ·· .. . ... . ... / ·- ·" ·; :-· ·, ·' ·~ • ·;.. ! r .· ·:~ . . 9 1he soa of the Mr . ·con,;enientl : - effic1enl co 10.(l)St · functions, l (a) to Sc (b) to oth '1 con incl . (c) Pair lo c lllJp Coll] \ . ', .,· .1' •. t Enugu State Oil Palm Development Agency (CAP. 64 1895: . . (2) Not~ithstan~ing anything contained .in th~ instrument or letter.by . which h~ 1s appomted, a member may resign his nppointmcnt by writing under his hand~ addressed to t~e Govetnor and upon · receipt by the Goven~or of the letter of resignation the appointment of the member shall determme. 8. Three shall be paid to the members, other than ex officio members such remuneration or allowances as the Governor may p~escribe. ' 9. The Board may delegate to any person or body such of the functions of the Agency under this Law as the Board thinks may be more conveniently dealt with by such person or body so as to enhance the efficient conduct of the affairs of the Agency. Remuneration and Allowance. D~h:gat ions ·or lhnctions. 10. (1) Subject to this Law, the Agency is charged with the following Functions of functions, that is to say - agency. (a) to continue to execute the Small Holder Oil Palm Development Scheme of the State Government; (b) to assist, whether by way of giving professional advice -or otherwise, persons, bodies whether corporate or unincorporate, communities, co-operative societies or other organized groups including small-holders in establishing or expanding their oil palm plantations; ( c) to educate the citizens on the necessity to plant or grow the improved variety palm seedlings or establish plantations comprised of the improved variety palm seedlings and actively encourage the planning or growing of such palms or establishment of such plantations in every Local Government Area in the State; ( d) to encourage and assist small-holders to resuscitate or regenerate dormant, disused or abandoned palm plantations and carry out the supervision of the maintenance and arrangement of palm plantations including resuscitated or regenerated palm plantations; . · ( e) to cause to be cultivated and grown by such persons or bodies as . it may designate in that behalf, or to acquire from any other source~ as may-be necessary, the improved varie,ty ·. palm seedlings for the purposes of the Scheme and for other purpos~s · 1896 CAP. 64) Enugu State Oil Palm Development Agency meeting the demands for such seedlings by farmers and other p~rsons; (f) either indepe11dently or in co-operation with any person or body . of persons whether corporate or unincorporate, to commission, promote and support studies and research projects concerning the improven1ent and advancement in the production, processing, utilization and 111anagement of the palm and its products and by-products; (g) to assist whether .by way of giving professional advice or 0Q1en,-.:ise, persons or bodies whether corporate or unincorporate in the establishment of production and processing facilities for paln1 oil, palm kernel, palm wine and other palm products; (h) to liaise. as may be necessary, with any person or body of persons whether corporate or unincorporate, communities, government agencies and local governments in the formulation and implementation of programmes designed to attain the purposes of this Law; (i) upon such terms and conditions as it may determine to give or render to any person or body of persons whether corporate or unincorporate. upon request, such advice, assistance and services as relate to palm development; O) to do all such other things as may enable the Agency more effectually to perform its functions under this Law. (2) In carrying out any of its functions under this Law, the Agency may, wherever and whenever practicable, utilize the services of the local rommunitiesthrough encouraging such communities to contribute labour and materials .. · 11. The Governor may from time to time give the Board directions as to the manner m· which the Board is to exercise its functions under this Law and it.~hall ~e the duty of the Board to give ~ffcct to such directions. 12.· (1) The Board shall hold m.eeting~ as and when the need arises, :provided that in any one year the Board shall hold 1n kt{st five mectin~~- · .. (2) All meetings of the Board shall be smntnoned at the.directi on·C>fth~ Chairman or ·at the request made to the Chairirian i rf ~~ithJ~f6Y-tour . members. · · · .: .. - · · · · : . :,>~ .': · · •. ,,. ' . . . . . . . . . ' .. ;~ .~:. ·. Directions h Gon~rnor .. M<.~tings of Board. . ' ... ·\ , · .. ·, .·.··. Enugu Stale Oil Palm Development Agency . [CAP. 64 1897 (3) Every meeting of the Board shall b - . . . but in his absence or incapacit the e p~cs1~ed over by the ~hmrman number one person to . d y membe1 s pt esent shall elect from their have all the powers a~~es1 ~t the meeting and the person so elected shall (4) Sub . t t h" pnvt eges of the Chairman for that meeting ~ec o t 1s section th B d . · l t . . , e oar may make standing orders for regu a mg its procedure. (5) The Board may co-opt . Su h h . 1 any person to attend any of its meetings and c person w 1 e so co-opt d h II b . . . . d 1 ·b . e s a e entitled to part1c1pate fully 111 the e 1 erahons a~ the meeting except that he shall not be entitled to vote upon any question. 13. At any meeting of the Board, the Chairman and any four members s~all form a quorum, but where the Chairman is absent from the meeting six members shall form a quorum. 14.(1) For the effectual carrying out of its functions under this Law. the Agency may request through the office of the Governor for, and with the approval of the Governor obtain, the assistance or services of any person being a person employed in the public service of the State, and may assign to that person such general or specific duties as it considers fit. (2) Without prejudice to subsection (1 ), the Board may (a) appoint such persons as it may consider necessary to be officers and servants of the Agency and shall determine their salaries .. emoluments and conditions of service; (b) make regulations relating to the discipline and conduct of the staff of the ,Agency. 15.(1) The Governor shall, after consultation with the Board, appqint a fit and suitable person to be the General Manager of the Agenc y. (2) Subject to the pleasure of the Governor, the General Manager sh~II hold office for such period not exceeding three years as may be spec1hed in the instrumerit or letter by which he is appointed; provided that he shall be eligible for re-appointment for another-term of three years. Quorum. Sta ff. Appointment and functions of fo:ncral l'-. lanagcr. (3) The General tvianai,~r shall- . . . · . . · . .. ·. (a) be · responsible for carrying out the pohc y dec1s10n: of the Board and for the co-ordmat1on and direction ot all the functions of the departments of the Agency. · . ... :-·---- -.. . .. . -·, . . . 1898 CAP. 64) . Enugu State Oil Pcrlm Development Agency Nature of service. · Funds of the Agency. (b) be responsible to the Boatd for the proper management of th · · business of the Agency; the unkeep and preservation of th: property of the Agency and the overall supervision of staff matters. 16. Service tmder the Agency shall be public service for pension · purposes within the meaning of applicable to the State Pensions Law. 17. (1) The ftmds of the Agency shall consist of (a) such monies as may from time to time be appropriated by the State Government or the Government of the Federation for the purposes of the Agency; (b) any sum earned by, or accruing to the Agency from the sale or disti:ibution of any commodity, property or produce in the exercise of its functions. ( c) moneys accruing to the Agency by way of endowments, grants, donations, gifts or otherwise; ( d) any loans made to the Agency; (e) such other sums of money or property as may in any manner become payab~e to or vested in the Agency in connection with its functions under this Law. ApplicatiQns of 18. The funds and resources of the Agency shall be applied by the funds.and · . . Agency in pursuance of its functions under this Law. resources .. .·Annu~t estimate. R~ports~ '<l:CCO~nts · • . .. · · :at:id ~uditing. ., · ·; .,-: . ' . . .. ";.~ - I . . , ·, .. · · · · 19. The Agency shall not later than the 30th day of~ovember in each year, prepare and submit to the Governor, estimates of the income and ~xperidi~1.1re of the Agency for the next ensuiQg financial year. · · . . '-29 '.:U) ,As s~on as :~ay be after the ; end of each' finand~l year but not later' than the J 1 ~, day of rvtar6h next ron~wing, the ~gency sbau ::-.-ties (a~ prepare a .general rep ort of its pr.oceedmgs. and .activi ·. . .. . . during the p~~eedingy'ear;:and .. ·. ·.-. ' ,:, : . i.;. : . · .. • . (b).transmit to::the ·yov~r11or.that'report together-with a·certified · .. · .. . ; .· ·. · copy of, tlicraudit~tt ae~Qutits ofthe;-Agency.,: . · (3) The Board shal1;:Caij·se;:t9:b~ .. k·e.pt~ - · .~ ·~ . · . ·. . . . (a) proper b~ok$' of'aceoifois·,· .. : • . . . . ..: '. , . '· ' · ·;: . . ·,. / ~. - : . . .. . >."\ . ~ ' ::1 ... ·,. Enugu State Oil Palm Development Agency (CAP. 64 1899 (b) proper records relating to such accounts in the form prescribed · by the Permanent Secretary of the State Ministry responsible for matters relating to finance · (3) The a~counts of the Agency shall be audited annually by such auditors as may, with the approval of the Governor, be appointed in that behalf by the Agency. (4) ~he accounts of the Agency together with the auditor's report thereon shall m each year be laid before the State Public Accounts Committee. 21. No member or servant of the Agency shall be personally liable for any act or default of the Agency done or omitted to be done in good faith in the course of the business of the Agency. 22. In any suit against the Agency, no writ of execution or attachment or other process in the nature of any such writ shall be issued against the Agency but any judgment debt accruing against the Agency shall be paid from the funds of the Agency. 23. (1) At any stage of the proceedings in any suit, the Agency may be represented by (a) a servant of the Agency duly authorized in writing in that behalf by the Agency; or (b) a legal practitioner authorized in writing in that behalf by the Agency. (2) For purposes of section 22 and this section "suit" includes action and any civil proceeding commenced by a writ of summons or in such other manner as may be prescribed by the rules of court but does not include criminal proceedings. Exemption from liability. Restriction on execution. Representation in court. 24. That affixing of the seal of the Agency shall be authenticated by the Common seal. signature of the Chairman or some other ~e~ber authorized, either generally, or specifically, by the Agency to act m hts stead for the purpose, and of the Secretary or some other person authorized, either generally or specifically, by the Agency to act in his stead for the purpose. · .,.:-~. --\, :.·· -: 1900 CAP. 64I Enugu State Oil Palm Development Agency ~~~~~--~:.i:i::.:...=~~--------.w.----' Execution of contracrs Regulations ·. ~ . . ·~ 25. Any contract or instrument which if entere d into or executed by a person not being a body corporate would not reqmre to be under seal may be entered into or executed on behalf of the Agency by any person generally or specifically authorized by the Agency for that purpose. 26. The Agency may with the approval of the Governor make regulations relating to such matters as, in its opinion, are necessary for the proper execution of the provisions of this Law. . . : •: . . .. - ~ '·· i r . f . ! . I ,; ' • .. ' .-., .. . l f ·-?' ' j .' t . . . -~ . } . l\ l -: ~· i .. . ;' •, !,\'· ' .. ~ . ,-. . i !'-. ' ?: -~ ,..., j·, ·. I< l, ·. .. . ·\ ,; -'-::.· . -· -. . ' . . .. ·j· ,· r · .• .'; ' - . . . . :· . : . . , .· ·-· ' .. : t"' , • .. · .. ... :·, . . ;···t · . -~ .' · .· :· .. : . : ·:::· .'-..