The Bauchi State Geographic Information Service Law

F. J I.'b~· '"3 I" J-~ \-" I 1 I I ! I I BAUCHI STATE OF NIGERIA I A lAVV TO REPEAL THE BAUCH! STATE GEOGRAPHIF ~i\ifORMATIOi\l :;VSTEM AGENCV l/..\vV (:101S) AND TO ENACT TH~ BAUO'ii STATE GIEOGi~AP~HC~1~FORIViATiONSERViCE lAW AIJO iViATTERS (O!\lI\lECTIED THEREWITH: lEi\lACTED BY THE BAUCHI STATE HOUSE OF ASSEMBLY AS FOLLOWS: PART i -ESTABLISHMEI\lT OF THE SERVICE, MEMBERSHIP, ETe. 1. (1) There is hereby established, a service to be cnown as Geographic, Information Service in this Law referred to as "the Service". (BAGIS) to exercise the functions and powers, and pursue the objectives aS~igned to it by this law. -j I (2) The Service shall be a body corporate with perpetual s~ccession and a I I common seal and may: (a) Sue and be sued in its corporate name; and (b) Hold, acquire and dispose of any property or interest in property, moveable or immovable. I The Service shall be a paras to tal in the office of tht Governor. The Governor may delegate to the Director Generlll of the service the powers conferred on him by the land UseAct, to Jign certificate of occupancy, subject to such terms and conditions c~sthe Governor may specify. 2. (c) (a) (b) ~ Where the power to sign Certificate of Occupancy has been delegated to I the Director General, such certificate shall be expressed to be granted for and on behalf of the Governor of the state. I j There is established for the Service, a Governing Boiardwhich shall consist of: 1 I 3. (I) 1 . , I rr.--~---~----..... uo ,.. ,,1 A W-. f\ l.;Jr'~'I J !! .' ~ "\ ~, I W (a) "A Chairman with cognate experience ill Public !S'eFviceon any two of the following:" I (i) Land Administration; (b) (if) Geospatial Science; or (iii) Informution Technology I One member each from the three Senatorial Zones in the State. Representatives of the following not below the r1nk of a Director:(c) (i) Ministry of Finance; (ii) Bauchi State Urban Development Board; I Bauchi State Environmental Protection A~enCy (BASEPA); ! (iii) (iv) Ministry of Justice; (v) Board of Internal Revenue Service; (vi) Ministry of Environment and Solid Minerals; I (vii) Ministry for Local Government and Chieftaincy Affairs; (viii) Surveyor-General; , A representative of Bauchi State Chambtr of Commerce and Industry.' I All Members other than the Director-Oelteral shall be part-time members, to be appointed by the Governr' The Director General and Members sha'l1hold office for a period of four years renewable once for a further J>eriodof four years only, provided however that: I Cd) (2) (3) (a) Any Member may resign his appdintment at any time by notice in writing under his hand a~dressed to the Governor. I I I, 2 I I ~H , r. V".',~"l ~ (b) I I I If a Member dies or resigns or othertise vacates his office before the expiration of the term for Iwhich he is appointed, the Governor shall appoint a fit and 9roper person for the remainder of the term of office of thit Member, and the successor shall represent the same iTerest as that Member. A Member may be removed from offce by the Governor if he is satisfied that it is not in the inte ,est of the Agency or the interest of the public that the Member should continue in office. (c) (4 ) "There shall be paid to every Member, other thar an ex-officio Member such emoluments, allowances and benefits as the Governor may, from time to time, determine". I I The provisions of the First Schedule to this lawl shall have effect with(5) respect to the proceedings of the Agency and other matters mentioned I I Itherein. Part U - Functions and Powers 4 (b) (1) The Service shall have the responsibility for management of Land matters in the State including all issues relating to title apdrovals, Land allocations, registration, searches and such other responsibilit1ies. In discharging its responsibility under (1) above, t~e Service shall undertake the following duties.: I Introduce, implement and sustain best practices folr land ownership and title certification/recertification in the State; I receive, conduct due diligence on, and verify applications for issuance of Certificates of Occupancy forland or the grant of other rights over land or subsequent transactions inland within the State; i~laccordance with the Land Use Act I I I I I (2) (a) 3 < , ! : (c) . Develop and maintain a database of all land withjin the affected areas particularly with respect to title history, location, size, use and other related issues; (d) (e) Permit access to existing data on land for the pu pose of conducting title searches for members of public at a fee to be pr1scribed from time to time by the Service; Undertake all such other activities as are reQUire1 for the efficient management and administration of land in the State; i i I Conform to national standard concerning geospatial data; I (f) (g) (3) , Approve and register land Vendors and Estate agents operating in the I state I i (h) Undertake such other activities as are required fo~ the efficient management and administration of land matters In the State. i The Service shall have the power to develop and I maintain a geographic information system or such other appropriate system and structures in the Bauchi State for research, land management and development Jlanning and control, In discharging its responsibilities pursuant to SUb-SectiJn (3) of this section, the service may pursue all or any of the following objcctlves.l (a) Acquire, provide, deploy and manage software an1dhardware for storing,.' I assembling, manipulating and displaying geograph'ically referenced Imaterial; I (b) Establish a central geographic information clearin~ house to maintain map inventories, information on and planned geographic and spatial systems I applications, information available for the acquisition or enhancement of geographic information resources; I I '.(c) Plan, establish and manage a directory of geographic information and the (4) resources available within the State; 4 uv; (d) (f) (g) LJ Ll r -1 ~~," [~l (k) U ~I , (m) (n) (0) u ·W·. " Coordinate geographic information system projects, lincluding overseeing the development and maintenance of base maps and geographic information systems throughout the State; Provide consultancy services and technical assistanc ,education and training on the application use of geographic informrion technologies Maintain, update, and interpret geographic inforrnation and geographic information systems standards; Provide geographic information system services, as r,equested, to persons wishing to augment their geographic information sYSltemscapabilities upon pavment of the prescribed fees; In cooperation with other relevant agencies of gove~nment, evaluate, participate in pilot studies, and make recommendations on geographic, information systems hardware and software; (e) (h) Assist with review of ser~ice information resource pl1ansand participate in special studies as are requested or delegated by the IGovernor;; Provide staff support and technical assistance to all levels of Government I I I I Provide cost effective and efficient means of assembling and distributing I relevant information among interested persons; I I Coordinate and provide overview of geographic information systems activities within the State; I Review and submit to the Governor for approval, alliproposed, geographic information systems projects within the btate; Pursue funding strategies to continually develop aJ maintain up-to-date geographic information systems solutions for the StJlte; Advise the Governor in respect of trends, developmints and I I I (i) (j) on geographical information system and policies; (I) solutions in geographic information systems; 5 (p) Provide technical support to assist other agencies of the State or other persons within the State who wish to incorporate!geograPhic information systems capabilities in their activities and system'; and Undertake all other steps and iriitiatives as are r~quired for the proper. I administrationof this law. i. (q) 5-{1} The Governing Board shall have the power to: (2) (3) . (4). (5). (6) . (7). ; Do all things which by this law or anv other enactment or administrative directive are required or permitted to be done bJ the board; Monitor any matter that may affect the functionr of the serVice;.and Do such other things as are necessary or expedlint for the full discharge of its functions under this law. I Delegate its powers to any Member or Official and authorize any such Member or I Official to perform any of its functions, subject to any limitation imposed by law. . . - I ! from time to time, borrow by way of overdraft or otherwise, such sums as it may requirefor the effective discharge of its functions I nder this Law. (a) (b) (c) I Appoint, promote and discipline the Staff of the sell~viceas may appear to it necessary or expedient; Consider the resign ation or withd rawal of appoi ntmentl of staff of the Service. The Service may accept any gift: grant or donation 10f land, money or other property from any person upon such terms and co1ditions acceptable to the Service. I The Governing Board shall be responsible for the 'periodic review of BAGIS I policies and strategies for the attainment of an efficient enterprise geospatial I data, infrastructure and land administrative system :in the State and provide. I advice and general guidance to the Director General. I I 6 r W ~ ic' J ~ ~ W ~~ l:jt L, H r::Jt' J !~t .l tMl h~ i ~~i l~IC c,. b~ .• I 'f~l...•. ~ ~ I.I . l,' ·'1 \ ' . 6 (1) ,Forthe purpose of carrying out the functions confeired or the Service under this' Law, the Director-Genera.I, or any employee of the serrice duly authorized in rthat behalf: , : (a) Shall have a right of access to all relevant geograph'c information records of any person in the State. (2) may, by notice in writing, served on any person re~uire such person to furnish or cause to be furnished geographic inform~tion or other similar information held by or available to such persons, o~ such matters as may I be specified in the notice. I It shall be the duty of any person required to furnish information pursuant to[ Sub-Section (1) of this section to comply with the nptice within the period specified in the notice or where no period is specified, wi~hin a reasonable period. ithe Agency shall comprise the (b) Part III - Departments of the Agencv 8. (1) "Subject to Sub-Section (2) of this section following Department: a. Geo-Information (Urban and Rlgional Planning); h. Bureau For Land & Survey; I c. Information and Communication Technology (lCT); d. Administration and Accounts; lnd . I e. Planning, Research and Statistics. I I I I (2) For the effective conduct of the functions of the serJice, the Director General I may issue regulations prescribing additional departl!y,ents for the service or : altering the departments listed in Sub-Section (1) of this section in any manner whatsoever. (3) Notwithstanding the provisions of Sub-Section (2) of th s section, the service shall have power to set up any technical committees to assist in the performance of its duties and functions under this law. 7 L~ l' .~ I ! KJ ! hJ klc.. · •. ~1 H H [Hi t;~v) H 9(1) The Governor Shall appoint a Director General as th I Chief Executive and Accounting officer of the Service; (2) I The Director-General shall hold office for the term specified in Sub-Section (3) of . . I 'Section 3 of this law provided that the said term may b~ renewed for another term or more as the Governor deems it fit. I I . . I tprov,n integrity; re evan administration, geographic (3) The Director-General shall be a person with qualifications and cognate experience in land information system or information technology. (4) "The Director-General shall be responsible for the day-to-dav administration of the Service and shall be subject to. the supervision and+ of the Board". The Director-General shall hold office on such terms fS to emoluments and .otherwise as may be specified in his letter of appointmen . (5) 10 (1). The Board shall appoint a Legal Adviser who shall be a Ie al practitioner of not , less than ten years post-call qualification with cognate erPerience in land administration and shall also be Secretary of the Service I (2) , The Secretary to the Board shall: : I a. Issue notices of meetings of thle Board; b. Keep the records of proceedings of the Board; and C. Carryout .such duties as the c~airman Or the Board mav hOIYI urne ~o time. direct". 11(1). The Service may subject to the approval ofthe Board froT time to time appoint , such other employees as it may deem necessary, to enable it effectively perform . its functions under this Law.' I (2), The Board may specifically delegate to the DirectorjGeneral, the power to i appoint such categories of staff of the Service, as the Board may from time to time specify. I 8 u, LJ\1 W [..J J • ", (3) The staff of the service appointed under Sub-Section -(1) 0 j this section shall be appointed upon such terms and conditions of service, as the service may deem I necessary to enable it, perform its functions under this law. i(4) T~e Service may engage such Consultants and Advisers in srCh areas where they have technical deficiency.' 1 (5) The Service may, in consultation with the Head of Civil serVire of the State have the Power to: (a) Promote and control the staff of the Service as may lPpear to the service necessary or expedient; and (b) Dismiss, terminate, consider the resignation or withdrawal of appointment, and exercise disciplinary control over the staff of the' service other than the Director-General. I , I (6) The staff of the Agency shall be public servants in the servi1ceof Bauchi State, as defined in theil~l ~ervice som mission law. I , 1 12(1) The service may, subject to the provisions of this law an:d in consultation with Bauchi State, ivil Service Commission, make staff regUlatio[ns relating generally to the conditions of service of Its employees and without prejudice to the generality I of the foregoing, such regulations may provide for: The appointment, promotion and disciplinary contrrl (including dismissal) of the employees of the service; and , Appeals by employees against dismissal on other d'isciplinary measures.I I (2) Pending the release of the regulations described in sub-Section (1) of this , I section, the employment of the staff of the service shall be governed by the terms and conditions generally applicable to officersl in the civil service of Bauchi State. (a) (b) I (3) : Staff regulations issued by the service under SUb-Sectio~ (1) of this section shall . ' I i not have effect until approved by the Board and published in the Gazette. i I I 9 ~II I ~J W\.,J I Ll L J I Lit L'I ih:tJ i I hJ [J L j.: I D l ~ LJ L\.. Part !V - Financial Provisions 13(1) the service ~hall establish and maintain a fund ("the FUnd")! which shall consist of: (a) The initial take-off grant from the, Bauchi State government; ; (b) The initial take-off grant as ~ppropriated by the st!te House of Assembly; (c) Fees and other charges received by the service+ to this law; I (d) Subject to Sub-Section 3 of this section, all other sums accruing to the Service by way of grants, gifts, testamentary drsposttlons. endowments, bequests and donations made to th~ Service;, I Income from any investment or other property acquired by or vested in the service; and II ' 1 (f) Such other sum as may accrue from time to time tb the Service I I The Fund shall be managed !n accordance with financiall regulations. (a) Specifying the manner in which the assets of the ynd are to be held; (b) Regulating payments into the Fund and the matters to which the assets of the Fund may be applied; and i Required to keep proper accounts records for the !purpose of the Fund in such form as may be prescribed. ! I- I (3) The Service may accept any gift, grant or donation Of land, money or other, i 'property from any person upon such terms and condItions (acceptable to the Service), if any, as may be specified by the person making the gift or donation. (e) (2) (c) (4) The Service shall not accept any gift or donation ii the conditions attached thereto by the person making the gift or donation are inconsistent with the , functionsof the Service. I 14(1) i The Service shall, not later than 30th September in Tach year, submit to the Governor an estimate of its expenditure and incom~ (including estimates of expected payments into the Fund) during the next SUCClding year. 10 ~ I W f GJ l. I I hI ! III, [J Ll r>. (2) The Service shall keep proper accounts in a form which conforms to accepted accounting standards, and proper records in relation thereto and the accounts I I shall be audited as provided in sub-Section (3) of this section. I (3) The accounts of the Service shall be pudit~d at the end of ~ach calendar year by auditors appointed by the Auditor-General of the State in!accordance with the Financial Regulations and the fees of the auditors and the ex!penses for the audit generally shall be paid from the Fund. 15. The Service shall, not later than 30th June in each year, subTit to the Governor, a report on the activities of the Service and its administration tluring the immediate preceding year and shall include in the report the audited atounts of the Service Part V: Regulations and Supplementary Provisions 16. , The Service may by order published in the Gazette make regulations for I . the effective operation of this Law and the due adrniriistration thereof. (2) The Service shall have power ~o!review charges for seLices rendered from I time to time which shall be published in the Gazette. : I (1) 17 Any person who: (a) Obstructs the Service or any authorized officer of the Service in the exercise of any of the powers conferred on it by this law, or (b) fails to comply with any lawful enquiry or requireme ts made by an authorized officer in accordance with the provisions of this Law Commits I an offence and shall be liable upon conviction to a fine not exceeding One Hundred Thousand Naira (Ul00,OOO.OO) or imprison~ent for a term not exceeding three months or to both such fine and imp~isonment. i I I 18 (1) No suit shall be commenced against the Service before the! expiration of a period of one month after written notice of intention to commence the I, 11 L 19. 20. (1) ! , I , 'suit shall have been served upon the Service by the inten'ding plaintiff or !his agent and the notice shall clearly and explicitly state: I (a) The cause of action; (b) The particulars of -clalm: and (c) The relief, which he claims. The notice referred to in Sub-Section (I) of this settion and any summons, notice or other documents required 'or authorizeJ to be served upon the Service in connection with any suit by or agai st the Service shall be served by delivery of same to the Director-General r Every Member, agent or staff of the Service shall be indemnified out of the I assets of the Service against any liability incurred by, him in defending any proceedings, whether civil or criminal, in which judgmen is given in his favour or (2) in which he is acquitted if any such proceeding is brought against him in his capacity as such Member, agent or staff as aforesaid. (2) I From the commencement" of this Law, a person lor body corporate who operates as Land Vendor or Estate Agent in Bauchi State shall register and obtain an Registration Permit from the BaLchi State Geographic Information Service ("in this Law referred to as th[LBAG/S"). Application for a grant of Registration Permit und er this Law shall be made to the Director-General of the Service in a prescribed form and signed by the person making the application. (3) The Director-General of the service in granting ranv Registration Permit I under this Law may attach to it such conditions 'governing the tenure of I the operation permit and any other conditionsi as he deems fit in the inte rest of th e publiC.: I Vendor or Estate Agent who contravenes the provisions of this Section is guilty of an offence and liable on conviction tol a fine of Two Hundred Thousand Naira (N 200,000:00) only or to impriso] ment for a term not less 12 (4) [~~ ~' H P. I ~, I [j ', Lj than two years (2) or both and shall have his certificate, permit or license revoked or cancelled. 21. In this law, unless the context otherwise requires: , "Service II means the Bauchi State Geographic 1111,' formation Service under section 1of this law; , : 'State' Means Bauchi State of Nigeria I '''Board'' means the Governing Board of the Service; "Director-General" means the Director-General of the se~vice; "State" means the Bauchi State Government;] "Financial Guidelines" means the guidelines issued from time to time for the accounting and financial reportng functions of the Bauchi State by the Auditor General of the State or the Department of Audit in thj Bauchi State; meansthe fund ,established for the S rvice pursuant to"The Fund" section 12; "Member" means rnernberof the Governing Board of the Service I including the chairman; ! : i includes any individual, partnership, fiirm, company, corporation (statutory or otherwise), joint venture, trust, I association, organization or other enti1ty, in each case whether or not having separate legal rersonality; means prescribe by regulations. I . I means persons or Body corporate whr are involved or engaged in land dealership, sells speculation, brokering or "Person" "Prescribe " ~/LandVendor" 13 ~~ I r---, I WL I i LJ L ' ! LlL. I L.jl ,,-; i LJ L' [~ ';;], ~.J ~ 23. Ir ~J LJ,., LJ L) ~1 "Housing" facilitating the alienation of land fori a fee between vendors and purchasers whether as individual or corporate persons ! means buildings use as residential, c1ommercial, warehouses or offices 22. : "Property" means any infrastructural facility, laTd, House, Office Warehouse whether fully developed j :or in the processes of development. "Estate Agent" Means real estate broker or real es ate salesperson or agent who acts as an intermediary r! etween sellers and buyers of real estate/real property . . Repeal & (1) The Bauchi State Geographic Informatior System Law, 2015 is Savings repealed (2) Without prejudice to Section 6 of th1lnterpretation Act, the repeal of the enactment specified in Sub-Section (1) of this Section . 1 shall not affect anything done under: or pursuant to that enactment. .' . .1.. (3) Any proceedings or cause of act« n pending or exrsnng immediately before the commencement of this Law in respect of any right, interest or obligation may be cfntinued or as the case may be, co~mended and any determinatifn of a.Court of Law or other authoritv or person may be enforced accordingly. This law may be cited ~s the 'Bauchi GeOg,JPhiC Information Service' (BAGIS) law, 2018. 14 W I [j L. \ Ll I~ \ I Ll '-. \ \ [ ' .. I U!. ' I LJ \.. I ~ I ,I " . l ("I Section 3 (5) fiRST 'SCHEDULE SUPPlIlVIENTARY PROVISIONS RELATING TO THE SERVICE Proceedings of the Service 1. 'Subject to this law and Section 27 of the Interpretation Act (which provides for decisions of a statutory body to be taken by a majority 0 I its members and for the Chairman to have a second or casting vote), the Board may make standing orders regulating the proceedings of the Agency and any commlttee thereof. If at any time, the office of the Chairman is vacant or the Chairman is in theI opinion of the Board permanently or, temporarily unable to perform the function, of his office, the Board may appoint one of its members to perform suchI functions for the period of the vacancy in the office of the Chairman and references inthis schedule to the Chairman shall be conAtrued accordingly. Every meeting of the Board shall, be presided over ., the Chairman and if the Chairman is unable to attend a particular meeting, thejlVlembers present at the meeting shall elect one of their Members to preside at tre meeting. I I The quorum at a meeting of the Board shall consist lof a Chairman (or in the appropriate case, the person presiding at the meeting qursuant to paragraph 2 of this Schedule) and three other members. II Where upon any specific issue or occasion, the Baard desires to obtain the advice of any person on any particular matter, the Board may!co-opt that person to be a member for as many meetings as'may be necessary, ar;ld that person while so co opted shall have all the rights and privileges of a member, except that he shallI not be entitled to vote or count towards a quorum. I I Committees I 6(1) Subiect to its standing orders, the Board may apPOinlt such number of standing ad hoc, committees as it thinks .fit to consider and Jeport on any matter with , I which the Service is concerned. 2. 3. 4. 5. 15 ., ~'i 'h J1 (2) I Every committee appointed under the provisions of fubparagraph (1) of this paragraph, shall be presided over by a Member (j)f the Board and shall be made up of a number of persons, not necessarily h,embers of the Board, as the Board may determine in each case. 7. The decision of the Committee shall have no effect until it is confirmed by the Board. MisceUaneous 8. The fixing of the seal of the Agency shall be a-uthenticated Iby the signature of the Chairman and of the Executive Secretary of the Board oir such other member authorized generally or specifically by the Board to act for that purpose. . I Any contract or instrument, which if made by a person not being a body corporate, would not be required to be made under skal, may be made or executed on behalf of the Agency by the executive sec+tary or by any other person generally or specifically authorized by the Board to act for that purpose. Any document purporting to be a contract, instrument or fther document signed or sealed on behalf of the Agency shall be received in evIdence and, unless the contrary is proved, be presumed, without further proof to rave been so signed or sealed. 9. 10. 11. The validity of any proceedings of the Board or a committee thereof shall not be adversely affected by: I (a) Any vacancy in the membership of the Board; or (b) Any defect in the appointment of a Member if the Board or committee; or (c) Reason that a person not entitled to do so, took part in the proceedings. 12. Any Member of the Board or a committee thereof, who has a personal interest in I I ~ny contract or arrangement entered into or proposed t1 be considered by the Board or committee, shall forthwith disclose his inte est to the Board or 16 committee and shall not vote on any question arrangement. , bJ I U L . I' ~ "'7 ! i ~J i ! ~ r re-Iating to the contract or I I 17 i (This note does not form part of this law and has no legal effect) I I The purpose of this Law is to establish the Bauchi Geographic In) rmation Service to replace the defunct Ministry of Lands, with the object of computeri ing all land records and information throughout Bauchi State. This printed impression has been carefully compared with the Bill, hich has passed the Bauchi Stdte House of Assembly and found to be true-and correctly printed copy of the said Bill. , i I ~\Ii EXPLANATORY NOTE 18 L r I I~ i ! W II ~I, I ~I P I ~I I ~J I ~I I ~~ I a 'I a~ I ~ I ./ rJ [1.J ,'I @ , 0 I I~ I' a I I ']!'h~ l I .1 I This printed impression has been compared by me with the lawrl : whlch h~s been passed by the Bauchi State House of Asdembly and found by me to: be a true and correctly printed copy of the said Jaw. u4' , (ABDlH..~DIR BA~PA JA'AfAR) CLERK Of THE HOUSE • Iflf~ ,Ff)~ I Assented.to this ~ day of JJ. I •••••••• 2019, ; I '. t' . \1 Ilf III; ;i\ . \ ! 2'· IS . l~i ~ ,;; (MOHAMMED ABDUllAI-U A~3UBAKAR Esq.) ~ . ':: GOVERNOR BAUCH! STATE ~, .; ~J-J ~~' , I I