Katsina State Agricultural and Rural Development Authority (KTARDA)(CAP. 5)

.. KDS-+ 1! !l)~.; T••~11r• •.>I oft,n n~·m • Functions of the Council. Power 10 rc1:ul.1tc­ proccdurc. CAP. 4] ldr1sor1· Co11ncil on Preroga1in• o,(Mcr(1· (cl one person appointed b) the Gov~rnor from amongst 1he memhcrs of the Katsina State Council of Chiefs: and (,/J nol lc~s than five and nol mor< than seven oth~r pcr;om whc, ;hall oe appoimed b) the C,o, ernor "nh 111< appro,·al ,,f .11e Execuuve Council. 5.-( l, .-\ member c,f the Council. not beini; the r'hairman or an ·11(,. member shull hold o!Ttcc for three ye.:r; and ~hall ,,~ c.1igiblt-fr,, r\.'.-~npoin1ment. (2) . .\ membe· 01 the Council. 1101 being an ex-ojj1cio member. may b) notice in writing given to the Governor. resign hts/her membership. (3) A member may be removed from o!Ttce b, the Governor for inabiht) to discharge the functions of his office (whether arising from infirmity of the mind or body or any other cause) or for misconduct. 6. The Council shall advise the Governor on any mailer relating 10 the exercise of the powers of the Governor under the pro,·isions of subsection ( I l of section 192 of the Cons1i1u1ion. 7. The Council shall have power 10 regulate its own procedure. .-l r;rirn//11ral and Rural Dc,·elo11111c>111 .·J//lliori11· [CAP. 5 .\uRICUI rtrR.\l ,•,: Rl k.\L DE\ ELOPMEJ\T .\l' r:-iOR!T"1 -\:--.: Eo1--i Tf"'\ Es·· susu T!--'t •·.GR:"."l'LTl'JJ..,,.:. A r.:D Rl'RAL OE\'ELOl'Mf.f,J ~ At:7'h.Jl'.ll) ' Ii:!: s, ·\ ... L ;2 I Sep1ember ] Datr of mcnt. PART I-PRELIMINARY I. This Edict mav be cited as the Katsina State Agricultural T11le and Rural Developm~nt Authority Edict. 1., 2. In this Edict. unless the con1cx1 otherwise rcquires:­ ""Authori1y·· means the Katsina State . .\gricultural and Rural Development Authority (KTARDA): lntcrprct:i• 11011 ·'Bank"" means the ln1erna1ional Bank for Recons1ruc1ion and Development (IBRDl: ··chairman·· means the Chairman of the .\uihority: ··commissioner·· means the Commissioner chareed with the responsibility for agncuhure in the Staie: - ··company·· means the Katsina State Farmers Supply Com­ pany (F..\SCOKTJ: ""Depanmen1 of the .\u1horr1i •• means an; organisation or body establi;hc:d under the Authoril) including 1he Kaisina State Agricuhucal Programme Management Unit. Zonal De­ vclopmem Commi11ce and Kaisina S1a1c Farmers Supply Company Limited: ·'Director of Audt1·· means lhl' State Director of Audit: ··Executive Commi11cc·· means the Katsina State Agricultural and Rural D•:vclopmcm Executive Commiuee (KTARDEC) established under secii<,n 4 of 1h1s Edict: --Fadama·· m!!ans :. low lvinc. o.r-:~ :n a ri\·cr ,·alle) usualJy flooded duiing ~he iai:i~ sCas~n: 14 Es1abli~h­ mcnt of the Au thorn~. ObJ~Ch oi the Authorit~. CAP. 5] Agricuhural and Rural Del'c/opmenr Au1hori1 1· "Federal Governmen1,. means the Federal Governmem of Nigeria: .. Governor .. means the Go,·crnor of the State: .. Locai Government .. means a Local Governmcni area wnhin the State: .. Managing Director'' means 1hc Managing Direc1or of the Au1horny: .. Member .. means a member of the Authori1y: .. Projec1•· means the Project established by the Authoritv for the purpose of executing its programmes: • .. State•· means the Katsina State of Nigeria: ··uni1·· means the Katsina State Agricultural Programme Management Unit (KTAPMU). PART I I-ESTABLISHMENT AND CONSTITUTION OF THE AUTHORIW 3.-;-( I) There is hereby established an Authority 10 be known as the Ka1srna State Agrrcultural and Rural Development Authoritv for the purpose of carrying out integrated development of agnculture in the state. (}) The Authorit; shall:- (a) be a body corporate with perpetual succession and a common seal and shall ha,·c power to sue and be sued in its corporate name: and (b) have power to acqui re. hold and dispose of any propcrt; whether movable or 1mmo\'able. . G::)fhe objects of the authorit,· shall be to carry out an integrated agrrcultural and rural de,·elopment of the State, and in particular 10 carry out:- (al a programme to increase production of crops throuuh the introduction of imprO\'Cd farming practices 10 fa;mers. ~trcngthcn!ng or extension services and provision of mproved inputs: , progra1:1me to imprcwe fan~1 man;igcment through the n1roduct1on of an agronomic package planned water management and pump irriga1ion on i.he fadama land: Agnc11h11ral and Rural Del'e!op111e111 Authori1.r [CAP. 5 (cl a programme to ,et up a farm mputs organization to supply farmers wnh nccessa~ inputs: (d) applied research invoh·ing the 1csting of crop , aricties . agronomic practices. ttt'\\ implements and farming system: (e) seeds and plantmg materials production programme involving the supply oi foundation seed and the securing or disease-free stocks for r1whcr multiplication: Ln agro-forestry de,·elopment invoh·ing production of seedling. modernisation nf nurseries and establishment of wind­ breaks and woodlots: (g) soil conservation and land use planning involving application of appropriate measures. collecting and processing data for long and short term land use planning: (h) weather recording, prediction and forecasting of pests and disease occurrences: (i) a road programme consis11ng of:- (i) construction and maintenance of feeder roads to provide access 10 the farm sen·ice centres and linking important agricullural areas to the main roads network: (ii) impro,·ement of the access tracks within the fadanra @ areas. ural water supply programme involving:- (i) pro,·ision of potable water to rural dwellers: (ii) drilling of boreholes. construction of earth drums and rehabilitation of e~is1ing ones: (iii) the establishment of a maintenance unit: and (k) such other programmes or objectives as may be assigned 10 it by the Gonrnor. I 5 Q The Authority shall for the purpose of carrying obJectives have the power of and responsibility for thc:- OUl its PO\\Crs and dutic of the Au1hon1~. (aJ construction of it~ offices. workshops. stores. staff houses and farm service cenucs: (b) planning. monit0ring 2nd evaluation programme co,·cring the au1hoii1~ ·s activities. programmes. regular produc1ion 16 The Exc-cuti"c Comm1t1ec IKTARDECi. CAP. 5] .-1gnc11h11ral a11d Rural Dere/opme111 A11ihom 1· of rcpons and of cos1 accountants daia on plant and ,·chicle utilisation and civil works: le) collcc1ion by planning. moniwring and e,·aluation uni1s of basic agronomic data. results from small adoption plots and market price information: (d) stafT development and training m improved agricultural methods. infrastructure de,·clopmcnt. communication!>. and management. includin£. the cstabhshment of Media Centres: (c) distribution by the Compan\ of farm inputs to farmers within the Srn.te through farm sen·ice ccmres and viable primary co-opcrati,·c societies: Ln involvement of Local Governments into operati:ms of the Authority through technical and ad,-ison· commillees and training programmes: • • fc:;;i)ietaikd water supply planning including the fadama area: 'rir( monnonng of marke1s wnhm the State and evaluation studies of the overall economic efTec1 of the .-\uthoril\··s programmes: and • U> such othci functions and duties as the Governor mav assie.n to the Authority. • - 6.-( I) The governing body of the Authority shall be an Executive Commiuee to be known as the Katsina State A•ricultural and Rural De,·elopment Authority Executi,·e cOmmittcc. Cl The faccuu,·e Commiuee shall consist of:- (a) the Governor Chairman (b) the Commissioner of <\gnculture and Natural Resources Deput,· Chairman (c) Commissioner of Finance and Economic Plannin~- member - (d) the Commissioner of Works and Transpon-mcmber (e) the Allorney-General and Commissioner of Justice­ member ((I Sccretaf) to the Go, ernment-member (gl Director of the State Agcnc) for Rural Dc,·dopmem­ mcmber -lgnc11/r11ra. and Rural Drre/opmelll A111hori1 1· [CAP. 5 (h) Regional Head. Federal Agncultural Co-ordinatin~ Unit­ member (iJ one reprcscntati\'C of R1\·er Basin De,·elopmcm .\uthorit~ within the tatc-member U) f\1anaging Director of the. uthori1~-mcmber. 1Sccrctai: (3) The Executi, e Committee shall be responsible for the co­ ordination and definition o" rural dewlopmcn· poiic) and for ~vcrsecing projech executed by the Amhont~. (-I) The Executi,·e Commiuee should meet at least three· times a year. 17 7.-( I) There shall be established a General Purpose TI,c General Committee for the Authority with the following members:- ~~~~~tee (a) the Commissioner of .-\.griculture and ·a1ura1 Resources as (KTADGPCL the Chairman: (b) the Commissioner of Finance and Economic Planning: (c) the Commissioner of Works and Transport: (d) Director of State Agency for Rural Development: (e} Regional Head. Federal Agricultural Co-ordinating Unit: L(I Managing Director of the Authorit): (g) Director of Administration and Legal Sen·iccs of the Authority-Secretaf). (2) The General Purpose Commiuee shall perform. such functions as may be assigned 10 it b) the ExecutJ\·e Committee. 8. Where the <\uthority desires to obtain the ad,·ice of an, person upon any mauer. the Authority may co-opt such ~:.;rson to be a member for such meeting or meetings as may be required. and any such person whilst so co-opted shall have all the rights and privileges of a member of the .li.uthorit~ save that hr shall not be entitled 10 YOte on any question or count towards a quorum. 9. Where any member of the Authority is temporarily incapacitated from p~rforming the functions of his office or 1s temporarily absent. the Gon:rnor may appoint any p-.:=rson 10 hold tcmporaril~ the office heid b~ such incapacnated or absent Power to CCH>pl. Tcmpor:i.ry memb:.:~h1p. .!. of I 8 0111:f Exccut1\'C 1::magmc: Direc1or.- Mcc1ings. Establish. mcnt of Dep:i.nrnents and l\tana~cmc111 Uni1s. M;inagemc·n1 of the Authority. Sui:1- committcc::s. CAP. 5] Agricu//ural a11d Rural Developmem Awhori1 r member during the period of such incapacity or absence and all functions of such member under this Edict shall dc,·olve upon the person so tcmporarili appointed. JO. There shall be a Managing Director who shall be the Chief Executive of the Authority and shall be responsible for the day to da, running of its affairs and the General Purpose Commiuce for the succe..,s'.ul execution of the entire programme of the Authont~. 11. The Managing Director who shall be appointed by the Governor shall be a professionally qualified and experienced agricultural officer. • 12.-(1) The General Purpose Commit1ee shall ordinarily meet for the despatch of its business at such times and places as it may determine but shall meet at least once every three months. (2) A special meeting of the General Purpose Commit1ec shall be summoned upon a writ1cn request signed by the Chairman or a majority of members addressed 10 the Secretary. (3) The quorum at any meeting of the General Purpose Commiucc shall not be less than one half of the total number of members holding office at the time of the meeting. (4) The ,·alidity of any proceedings of the General Purpose Commiuee shall not be affected by any ,·acancy among the members or by any defect in the appointment of any member. 13. For the purposes of executing its programme and functions undci this Edict. the Authority may set up as the need arises, Departments and Managemem Units. and appoint suitable and experienced persons 10 head such Departments and Management Units. 14. The General Purpose Committee shall. subject to the provisions of this Edict have general control of the management of the Authority. 15. The Executive Commiuce shall. for the purpose of '/'.C .:<• ~~. --:...; .4rtricu//11ral and Rural Derelop111e111 .-1111hori1,r [CAP. 5 ensuring efficient 111ont1oring of the Authorit) establish such sub­ committt.!e~ as it deems fit. 19 16.-( I) The Amhorit~ shall organise its operations into two J~i~-~~\;~!lat zones. namely:- zone. (a) Zone I Consist me. of the followinc Loca! Government areas: Daura. Bi~1dawa. Jibia. Kiita. l\..a1s111a. Mani. Mash1. Rimi and Zango (with headquarters at Ajiwa). (b) Zone II Consisting of the following Local Government areas: Bakori. Batsari. Dutsin-ma. Faskari, Funtua. lngawa. Kankara. Kankia. Malumfashi. Musawa and Safana (with headquarters at Funtua). (2) There shall be a Zonal Manager for each of the zones. who shall be responsible to the Managing Director and charged with the responsibility of executing that pan of the project relating to the zone under his charge and in particular for:- (a) the preparation of a zonal annual work programme and budget after consultation with the Zonal Dc"elopmcnt Commiuee and the management: (bl the construction of roads and water supplies. cstablishmcn t and operation of a project workshop: operation centre: maintenance of transport and buildings: (c} control of project agriculrnral activities and training: and (d) liaising with zonal commercial unit of the Company and the zonal Credit Financing '\gency (CFA). I 7. The functions of the agricultural zones shall include:- Func:t1om, of the 7011CS. \vork (a) ad\'ising the Authority on programme and its budget: the annual zonal (b) co-ordinating zonal programme acti\·ities. with Local Go"ernment Council officials: and {c) co-ordinating technical functions such as siting of fc,:;dcr roads. civil works and guidelines for land utilisation and rc,·iew of project related disputrs. I t 20 Zonal Develop• mcnt Committee. Katsina Farmers Supph Comp.nm Limited· (FASC01'T). CAP. 5] Agriculiural and Rural Del'e/opme111 A111hori1y 18.-(1) Ea~h of the two zones mentioned in subsection J (a) and (b) of secuon 17 shall have a Zonal Development Commi11ee for the purpose of ensuring the efTecti\'e performance of the functions of the Commiuce. (2) The Zonal Development Commiuee shall be composed of:­ (a) Zonal Manager as Chairman: (b) Chairman of every Local Go,·crnmcm area within the Zone-member; (c) Zonal Chief Accountant-member: (d) one District Head from each Loca! Government within the Zone 10 be appointed by the Commissioner on a vearly rotauonal basis-member: • (e) one Zonal Officer from a River Basin Authoritv-within the Zone. • (3) The functions of a Zonal Development Commiuee shall include:- (a) the co-ordination of the execution of agricultural programme at the zonal level· (b) ad,·ise on the annual zonal p:ogramme and its budects· (c) co-ordinating with officers of Local Government C;un~ils: (d) advise on siting of roads. farm service centres and other civil works. 19.-(1) For tl w purpose of acquiring all inputs necessarv for the cxecuuon of the projects of the Authorit,· there shail be established a li mited liability company 10 be kno,;.n as the Katsina State Farmers Supply Company Limited 10 be headed b,· a General Ivlanager who shall be responsible 10 the ManaQing Director. - (2) The company shall be responsible for the procurement and d1stnbuuon of agncultural supplies throughout the State. (3) The Genera l Ma nager of the company shall be a qualified cconom1s1 or qual!fied many discipline related to economics while the Secretary shall be a person with basic legal knowledge. Agriculiural and Rural Deve/opme111 A1ahori1 1· [CAP. 5 10. Upon the commencement of this Edict. there shall without funher assurance vest in the Authorit,·. all lands. works. assets. rights. privileges and liabilities including staff (unless otherwise stated) of the following institutions:- (a) Katsina State . .\gricultural Development Project: (b) Katsina State Farmers Supply Company Limited. PART !!I-FUNDS. ASSETS, ACCOUNTS AND REPORT 21 Vesttng of ins111utions. property etc. on tht· Aulhonl~. 21.-(!) The funds of the authority shall consist of:- Fundsof1hc (a) such monies as may from time to time be appropriated or Auillority. granted 10 it by the Government of the State: (b) such monies as may from time 10 time be lent or granted 10 the Authority by the Federal Government of Nigeria: (e) such monies or other property whatsoever as may from time to time be advanced by way of loan. or gram to the Authorit\' bv anv Local Government of the State or statuto~•· cOrporation. any agency. International organisation. private foundation. Bank or any person whatsoever: (d) such sums as may be due 10 or rccei\'ed by the Authority in the performance of its functions: and (e) all such other sums or property payable 10 or vested in the Authority under this Edict or by "inue of any other law. (2) The accounts of the Company shall in accordance with the relevant pro,·isions of the Companies Act. be prepared and presented as a group account with the Authority gh·ing a true and fair view of the group as a whole and showing any indebtedness of the company 10 and from the Authority. (3) The financial ,·ear of the Company shall be the same as the financial year of the Authority. 22.-( I) All monies received by the Authority shall be credited 10 the funds of the Authority. (2) The Authority may apply funds at its disposal 10 its O\\'n expenses including the remunrration and expenses of its members No. 5! of 1966. Application of sum rccci\'cd by the Au1hori1~. 22 ACC(>Unts .ind audit. Annual rcpon. Annual estimates and actions plan. Representa­ tion in coun. CAP.SJ Agricultural and Rural Developmem Authority in respect of their duties as members and payment of salaries, allowances. pensions. gratuities and retiring benefits of its staff. (3) The Authority may incur expenditure necessary for or incidental to the carrying out of its functions and duties conferred upon it under this Edict. 23.--{ 1) The Authority shall keep proper books of accounts in respect of each and every financial year and shall within six months after the end of each financial year cause the accounts thereof to be audited by independent public auditors appointed by the Authority in consultation with the Director of Audit of the State. (2) Without prejudice to the provisions of subsection (I) of this section, whenever the Authority is undenaking a project jointly financed with external resources, the consent of the co-financiers for the said project shall be required in appointing auditors for the period of such co-financing. 24. The Authority shall within six months after the end of each financial year submit to the Executive Committee an annual report of its activities for that year and shall include in such report a copy of the audited account of the Authority together with the Director of Audit's report thereon. 25. Before the commencement of each financial year, the Authority shall submit to the Executive Committee its proposed budget estimates and work plan for that financial year. PART IV-MISCELLANEOUS 26.-(1) 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" means action or any civil proceedings commenced by the writ of summons or in such other manner as may be prescribed by the rules of court but does not include criminal proceedings. Agricultural and Rural Developmem Authority [CAP.5 27 .--{ 1) Any contract or instr:ument which when entered, into ~rmon or executed by a person not bemg a body corporated. ma) not (authcntica­ require 10 be ~oder seal, may~ ent~red into or executed on behalf ~~u~cnts). of the Authonty by the Managing Director or any person generally or specially authorised in that behalf by the Authomy. (2) The fixing of the common seal of th e Authority shall be authenticated bv the signature of the Managmg Director or some other member· or person as may generally or specially be authorised in that behalf by the Authority. 28. Notwithstanding anything contained in this Edict, the qcncral Governor may give directives of a general or specific nature to the ~~•on of Authority with respect to the performance of its functions. Governor. 29. Subject 10 the provision of this Edict'. the }\uthoi:itY ;'TlaY ~~:~ ns make regulations for the proper implementat10n of its obJect1ves. 30. The Authority shall grant pensions and gratuities to the Pensions staff of the Authority in accordance with any Pensions Law ~!tuitics. operating in the State. Cap. 97. 31 A member of staff shall not be personally liable for any act Pro1cc1ion of or o~ission, or for any default of the Authority as long as such act, ~~m,~:;, omission or default is in the course of his duties under the Authority and in good faith. 32.-( I) Subject to the provisions of this Edict every contract entered into by the Katsina State Agricultural Dcv~lopm~nt Project and the Katsina State Farmers Supply Company, mcludmg a contract of employment shall have effect and conti?1:1e to subsist as if entered into under and pursuant to the provmons of this Edict. (2) All regulations, standing orders and notices shall have effect subject to the provision of this Edict. Transitional provisions. 33.--{l) At the commencement of this Edict, all existing staff of ;.~::i~pnal the Katsina State Agncultural and Rural Development Authority staff. who are in the emplovment of the Civil Service of the State shall be deemed to be on secondment to the Authority for a period of six ' . . . , - ~ , ,- , . ~ 4' • • -~ • • 24 CAP. 5] .4.gricuhural and Rural De1>e/op111e111 A11llzori1.r months with status. designation and function which correspond as near!) as possible to those appertaining to them before the commencement of this Edict. (~) During the period of secondment. staff mav applv in writing to the Authority for transfer to the services of tl;e Au1i10rity. ~ (3) An officer who has 1101 applied for transfer or whose applicat:on for transfer has not been approved by the Authorit,. shall within six months from the commencement of this Edie.I. re,·en to the Ci,·il Sen·ice of the State. 34. The Executive Comminee shall have powers to make regulation and standing orders for the purpose of carrying out the functions of the Authority under this Edict. SECTION~ Anaiom.1· CHAPTER6 ANATOMY ARRANGEMENT OF SECTIONS [CAP. 6 I. Shor 1 11I1c. Licences to praclisc ana10111y. 3. Executors or other persons having. lawful custod~ o:"bodies may permit them to undergo anawmical examination. 4. Provision in casr of persons direc1ing anatomical examination after their death. 5. The bodv not to be removed without a certificate. 6. Supcrint~ndcnt of school of anatomy may receive bodies for anatomical examination. 7. Superintendent or school or anatorn~ to receive with body a 8. 9. 10. II. 12. certificate as aforesaid and keep record or particulars of deceased. New bodies are lo be removed for examination. Persons not to be liable to prosecution for having in their possession human bodies. La\\ not to extend 10 or prohibit posHnortcm examination directed by competent authority. Pcnaltv. Power.to make regulations prescribing forms.