Enugu State Rural Development Authority Law

Enugu State Rural Development Authority (CAP. 70 CHAPTER 70 ENUGU STATE RURAL DEVELOPMENT AUTHORITY LAW Arrangement of sections Section PART I - PRELIMINARY 1. Short title. 2. Interpretation. PART II - ESTABLISHMENT AND FUNCTIONS OF AUTHORITY 3. Establishment of Authority. 4. Establishment of Board. 5. Board to exercise functions of Authority. 6. Validity of proceedings. 7. Tenure of office. 8. Remuneration and allowances. 9. Delegation of functions. 10. Functions of Authority. 11 . Coincid ence of functions. 12. Directions of Governor. 13. Meetings of the Board. 14.' Quorum. PART ID-STAFF OF AUTHORITY 15. Staff. 16. Secretary. 17. Pensionable of service. PART IV - FUNDS 18. Funds of Authority. 19, Application of funds. 20. Annual estimates. 21 . ~orts, accounts and auditing. PART V - MISCELLANEOUS 22. Exemption from liability. 23. Restriction on execution. 24. · Repre.sentation io Court. · 25. . Common se.al. -· · . · 26. · Contract not requiring a seal. 27. Regulat~ons · · : · ... · 1961 .... ... ;r··" .. • ., . • ,.-· .• .,,'. ;· . , ~--· r t Enugu State Rural Development Authority [CAP. 70 .1963 ·,. ·\ :..-. . ~\- I CHAPTER 70 ENUGU STATE RURAL DEVELOPMENT AUTHORITY LAW A Law to make provisions for the establishment, functions and administration of a rural development authority for the State. [27'" August 1991} PART I - PRELIMINARY I .The Law may be cited as the Enugu State Rural Development Authority Law, 2. (1) In this Law "Authority" means Enugu State Rural Development Authority established by section 3; "Board" means Enugu State Rural Development Authority Management Board established under section 4; "community" means a place identified as a town in or other component part of a local government area and includes the inhabitants of such place; "Governor" means Governor of the State; "Secretary" means Secretary to the Authority; ''social organization" includes an age grade society and any other organization, association or body whose objectives include the participation of its members in voluntary services or the promotion of community development; "State" means Enugu State of Nigeria; ''State Directorate" means the State branch of the Directorate of Food, Roads and Rural Infrastructure established by the Directorate ofFood,Road and Rural Infrastructures Act. PART II-ESTABLISHMENT AND FUNCTIONS OF AUTHORITY 3:(1) There is hereby established a body to be known as the Ertugu State Rural Development Authority. . · (2) The Authority shall be a body corporate wit:h perpetual succession and a common seal and with power to sue and be sued in its corporate name and to acquire, hold and dispose of property. · · ·Wta·-·t?t . · .. P:i ii: : Ct i½ta&tt · ~- ·.; ··· . •, .. , : ~ ENSL 1998 No. 12 Short titfc, Interpretation. ):.stahl isl1!11l!nt of Auihori·1y. ~ . ~· ... ;~ : . .. ,: . 5. t 't~AP. 70) . Enugu State.Rural Deve(opment Autho,~ity , - Establishment of Board. Board ttY · ·. exercise' . · . :functions of ... : Authority.·· : i: :validijy or · · :· pr61;i!ediogs-. :· ··. . . • • . .. . . . . . 4. (1) There is hereby established for the Authority, a Board to be known · as the Enugu State Rural Development Authority Management Board which · shall comprise (aj a Chairman appointed by the Governor upon such terms and conditions as may be specified in the letter or instrument by which · he is appointed; · (b) at least five fit and proper persons, appointed on part-time basis by the Governor; (c) a representative each of (i) ministry for the time being responsible for local government; (ii) the Ministry for the time being responsible for matters relating to works. (2) The persons who are members by virtue of section 4(1) (c) are ex officio members. . 5. The Board is the governing body of the Authority and shall in that ~~~- .. (a) exercise all the functions and powers of the Authority; and · · (b) . do or carry out all acts or things which the Authority 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 affected by iiny vay~ncy aµ1ong .the members or any irregularity in the appointment of a n:iemb.~i:: ' A : , '· ~: . ,J;;;it:t .< . . . '7.(l}Subj~cHo the pleasure of the Governor a member hot being ;ti) e.,, tf:: ·-- , r . ~ .. ~,- -· ;- -- '., .. • 'I ' • . . ;·,. ,' .. ;.. . . · :. . . i f' · .: Qfjii;l;'Q' member shall hold office for such period not exceeding t4r~~ y~ars .: JlS.}n~i ,~7 ~r~~.ifl;e,d iii th~ i~~~r.pr in~~Jn~nt by wh;i~h 11~ is app~.nt~cd; ' ' ; t1 .··-d t' . . . ' j . . . . '.<¼ N~~{ i{h~t~d~ allythfug ~ntail!ed in 1hel~~~rc~1/~~lrt)fuen.i B)'· . •. .. . . ·:·.~ :'.\< · - -. · . , ::.~hi~h: ~~- ~~) i~P;J)i~~~~-' ~:-!B~n,1:>f~iJ9~Y.~-t~~J~n}!~~-~,~Q!t;im~~~t by~ wri~1~g .. ·. :- : ::: · · , . ~ <<.-:: -. -.. . . . . :--- ;unde,r:hi~ ij and~ddr~ssedJo.tl;!~-,(jovtpto.plp.dupon:rece1pt by~h~Q~vem0 ~ :' · ~ --:- . .- ., ·-~. /t-·/'. , · ~- . <· r ·-.- . qf the··Ic.~~fof;~~s~gwniorf th~·appd'iiitfu'ent of th~ m~h~i\snall:d~t~rm~~---- : . . .. ' :-::- . : ·, .· . . : ?:::\ '>.-. ,·:<··:t -~ <. · ~:, ,. .:: .:·-:-'; <,:.:<.1>\ ·-:\ ; <,/ : . }:~.'.·:., :·> -~ .... ·-:~/., ... :.,~ · .. ·' .:, ><: /,,- ; <· ; , ::,:::t<"- .. ·:: ·-:>~:::-: ~}:, '.;-~~ -: :·· . .'!~~,. : ',·s.'Tii~re.~~~fbe'pa,14 icHtae rtielii~~~-~th:~ithaii.exrqfficta.aiei:n~;~~~:J~~~<t ':-.-<:.>·,. "· . .- ~,::· ): ·:. · ;: r ·: ,• \/ .:::-t·, -Jiii~etatioi or itllqwan~~f as-tlieJib:'ier,tior,.may..,Rf:~S~rib~;;c ·.:',; .: ·-.,~i:. ?. ;·:(· :' . :. ,:·. • .: ~:~~ .:>.:f. :.: -}\ :i:~l~f ,Ji,~i{tt jJ;'::;::;, .if 'ttl1'.[:f ?}i~:"t<{Litf \tt I}I'.i:;:(+:rtif illi f •. ,; ; .:-. Enugu Stale Rural Development Authority (CAP. 70 1965 9 The Board may delegate to any person or body such of the functions of the Authority 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 Authority. 10.(l) Subject to this Law, the Authority is charged with the following functions, that is to say (a) to formulate and give effect to a State rural road net-work programme involving construction, rehabilitation, improvement and maintenance of roads in the rural areas of the State; (b) to formulate and give effect to a State rural water supply programme involving construction, operation, rehabilitation, improvement and maintenance of water boreholes, water works and similar works in the rural areas of the State; ( c) to identify and give effect to other programmes that would enhance productive and economic activities in the rural areas and to contribute towards improving the quality oflife and standard of living of the people in the rural areas of the State; ( d) either independently or in co-operation with any person or body of persons whether corporate or unincorporate, to commission, promote and support studies and research projects geared towards facilitating and enhancing rural development activities in all parts of the State; (e) to involve the leaders of any community and leaders of social organizations for sustained rural development activities and promoting economic self-reliance in such community and among the members of such organizations; · (f) • to liaise, as may be necessary, with any person or body of persons ( whether . corporate. or unincorporated)~ communities, State · Government Minjstries-,- Government agencies · and Local ·. Governments·~ in the · formulation and implementation . of programmes' designed to enhance n1ral water supply • . road ·, · . :• con~truction and maintenance, and any other rural development .: - . , -~ctiviJies considereq ap.proprja1e ~y the.Governor\ . . . (&) . .- to :4o all su~h-ot}lf;V things ~5 may enable the Authority more · -, . ·. · :effect~lly perf omi Jts functfous under-this Law. . · .· . . . . ~ . · . . , .. ,,., . >-.... ~.') .:. : .:,. Delegation of functions. Functions of Authorit) . .. . .· ·.: ' -~ .. ' ' ~: .- ,. ,;··:~ ,.....:,:J l 1 ~ 966 Comcid nee nffum:tll111 . Directions of CAP. 70 1'.'1111 ' ll State Rural Develu 1ml!l1I A 111/writ (2) In carrying out its functi ons under thi s Law the Authority shall as much :.1s possibk, in its area of operation. utilize the services of the local ,ommunitics through encouraging such communities to contribute in labour and materials. C") 1n the pcrformancl! of its functions under this Law, the Authority shall co-operate, and as far as practicable work in liaison, with the State Directorate. 11 .( l) Where any specified function of the Authority under this Law is similar to or coincides with a function assigned to any other corporate body by a Law of the State established (not being a local government), such function shall. in relation to the rural areas of the State , be exercisable by the Authority together with that other corporate body. (2) Notwithstanding subsection ( 1 ), the Governor may by an order published in the State Gazette define specified areas of responsibility in relation to the functions of the Authority and those of any corporate body affected by this section. Governor. 12. The Governor may from time to time give to the Board directions of a general nature as· to the manner in which the Authority is to exercise its functions under this Law and it shall be the duty of the Board to give effect to such directions. ·, Meetings of · Board · 13.(1) The Board shall hold its meetings as and when the need arises~ provided that there shall be at least one meeting of tKe Board each ·rhonth. (2).All meetings of the Board s·hall be sut11n1oned on the dir~ction ofthe Chairman or at the request made to the Chairman in writing by tl1roc members. · (3) Every ineetin$ ofthe Board sha]J .be p1iesi~led over by the Chairman. but in his absence o.r incapacity the :111cmberif present sh~I elect froniamong their number one person to preside.at the 1neeting and the person so electt!d . shall have all the powers ~nd privflege.s Qf the Chairm~n for that meeting. . !· .·..-.'. ,·. . . ... ::. Enugu State Rural Development A uthorily (CAP. 70 L t·. J: - -- . r f r: f .···. f. t : r f · ( L: · ) · .. t · · .. . !,' .. . t. . . ( 4) Subject to this section, the Board may make standing orders to regulate its procedure. · (5) The Board may co-opt any person to be a member for such meeting or meetings as may be required and such person while so co-opted shall have the rights and privileges of a member except that he shall not be entitled to vote upon any question. 14. At any meeting of the Board, the Chairman and three other members shall form a quorum, but where the Chairman is absent from the meeting any five members shall form a quorum. · PART III - STAFF OF AUTHORITY 15.(1) For the effectual carrying out of its functions under this Law, the Authority may request 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 (I), the Board may, with the approval of the Governor (a) appoint such persons as it may consider necessary to be officers and servants of the Authority and shall determine their salaries, emoluments and other conditions of service; . (b) grant or guarantee loans to such officers and servants for such purposes as it may approve. 16.(1) The Authority ·~hall appoint as Sec~etary to !h~ Authority a person having, in · the judgment of the Authontr, reqms1te competence and inh iative to function in an executive capacity. ' f. ·': . . (2) Tile ·Secretary s haH-·- . . · . . . . . . , . r;: . ·:: ·- · · · .- : . (a) . be responsible for carrying out the policy dec1s1ons of the t- ,.. · · · · · ·· · -: Bo,ard; f: .: ·. ·: · ... ·. (b) -.-. upon. the dlrectfori.ofthe Chairman, summon all n1eetings ~ · .: · ' : · ·· -· . ·of ihe .Board-; . · -. . - · · . : . . \\··::.>···-/··.: · .... . · · ···(c) · conduct or cause 10 be conducted the correspondence of .. ·· · ·-· · . . the Auth9rity; · . ;/ · ·· - · .:· > i. (d} · re~o rd ~nd keep or cause.to be recorded apd kept in a book. ":': : . : ~. .. pr~vided fort~~ purrose, the proceedit tgs of the meetings r · ·. · .of the Bo·atd·; · · ·· · · · ·· · ·, ><. ... ! ;.,· \:'· ·: • . . · . .' ' .' ,, ... . ';, - ·. · .. .. . ,. ·· . i' - : . . . ' . , . .. . . ·,. . . '. ~ ·: ... , , .. .,., ' ... : . . ·,: ·,·•u.: •. ~ . ,. • .. • r~- , • Quorum. Staff. Secretary. 1967 1968 . CAP. 70 ·• Enu ,.u State Rural Dqvelo menl A uthorH -; . . ·. ·~ ... Pcn~i-0na.blc of seni~e. Funds of Authority Appiication -0-C funds . Reportsaccou.nts · and auditing t~ ~c RL11 orts acc-0~ots· aod audit · (e) be responsible for the day-to~day ad?1inistration·of th e affai~s · of the Authority as the Board may direct; · · ·. (t) perform such other duties as the Board or the Chairman may · from time to time assign to him. · - · · · ·· · 17. Service under the Authority shall be public service for pension · purposes within the meaning of the Pensions Law. · PART IV-FUNDS 18. The funds of the Authority shall consist of (a) such moneys as may from time to time be appropriated. by the State Government; (b) moneys accruing to the Authority by way of endowment, grants donations, gifts or otherwise; (c) any loans made to the Authority; ( d) such other sums of money as may in any manner bec.ome , payable to or vested in the Authority . in connection with its functions under this Law. 19. The funds of the Authority shall be applied by the Authority ih pursuance of its functions under this Law. · 20. The Authority-shall not later thanthe 301~-day ofNovember in each · year, prepare and submit to the Goveri1or. estimates of the income and · expenditure of the Authorityfor the next ensuing ~nancial yeat;. : . : , ··•··. 21 (I) As soon !I$ may he &fter.the en,d oteaO~ fi~ilnci,U yenrQiit aol · .·· later .!~1 1 the 31~ 1 day·of March nextfbllowil1g, the At1 thodtyshaH . .. : : , : (a) Pr~pa~e:~ s~ncr~ltepQrt9fi~ prpcie.edirigs DJ:1{~cdvj#ys·ttilr,ihg::ii .:. thcprecechn.gyear ;. at'1d -- : ·. ; .· .· - ·,- · .· . -..• .. ; · . · .. ·,, . (b)' tr~ns.niit to tbe -~o~erflOJ~ th~~- t~pt)ff togeth~:-with:·a' certBJ~d-: ... · copr o.f~~e a~,d1ted-t1co~uni•s qf tliiirAittnorHyi a· ' - ,~ 1'-'~ -. ~' , , ·,); , ·, 'I ,~.) , . .::.; \ ·; ;1 5 1 y. . I'.~. •; f , . l ·, ' -. :, ., .. ! . i V ~- ' f I· i;. . ~ ,. j· . . · .. ; .. : ••• J • 1 ·, · E1w~11 ,Stale Rural T. cvelopmcnJ A uthorily [CAP. 70 1969 (c) prepnre in respect of cuch financial ycnr a statement of accounts in th~ form prescribed by the Personnel Secretary of the State 'tvHnistry r~sponsibk for matters relating to finance. · (3) The accounts or the Authority shall be audited annually by such auditors as n1ny with the approval or the Governor be appointed in that behalf b) the Authority and the fees of the auditors shall be paid by the Authority. (4) The nccounts of the Authority together with the auditor's report thereon shall in each year be \aid before the State Public Accounts Conunittee. PART V - MISCELLANEOUS 22. No member or servant of the Authority shall be personally liable for Exemption from any act or default of the Authority done or omitted to be done in good faith liability. in the course of the business of the Authority. 23. In any suit against the Authority, no writ of execution or attachment Restriction on or other process in the nature of any such writ shall be issued against the execution. Authority but any judgn1ent debt accruing against the Authority shall be paid from the funds of the Authority. 24.( I) At any stage of the proceedings in any suit the Authority may be Representation. represented by (a) a servant of the Authority duly authorized in writing in that . . behalf by the Authority; or (b) a legal practitioner authorized in writing in that behalf by the Authority; · . , (2}Forthe purposes of this sectio!1 and the last preceding ~ect ion, ·~suit" includes action:(!t'any civil proc.eedmg commenced by a wr1t of summons . odn such-other manner as l)UlY be··prcscribed by rllleS of court but does. n:ot . include crhninal:l?roceedings, . ..-: . 2s.' The.~fixing of the sea.I of the Authority shall be authenticated by ·. the signature .of the Chairmai~ · or som~ other m~mber m:1thorized, either generally or specifically, by the · Authority to act in· his stead fo.r the · · purpose·, and -of the Secretary' or s<>hle other person , authqriz~~. either · ·. gerierally or specifically/hY the Authority ~o act in his stead for the .· ; ' : pµrpo~e... . . . . . . . . . . ., .···.· . . . . • , ·. · ·.· ·. ·:. ' ·, •. • I ~ • . • . . ·. '',,'. " . . .. . - - . . " Common seal . . / , . . . ' ~ . . : :· ' ·-- ; - . f f. t ,·,· l. ,; r· ~---:--~--... J r .. t 1970 CAP. 70) Enugu State Rural Deye/opmenl Authority •! . Contmct not requiring a sci1I. Regulations 26. Any contract or instrument which if entered into or executed by a person not being a body corporate would not require to be under seal may . be entered into or executed on behalf of the Authority by any person generally or specifically authorized by the Authority for that purpose. 27. The Authority 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 · .. . 1 '. ' . , . .. ' . ·. : . · -··,· "·, .. . · -.: . ' . . ' \ ,"' .· . --, : :,·: .. -~r .. ' = ·. : £\, : . .. , ~ ' . · : ~ ·~-.• :· -:.-. :·:. :;.·; ... (;:·-.. . . . ,.j'.· .:.. ! • : .. · -: . ~ :·,:}:~·", • -t ~ -~ ~- : : , '.