CROSS RIVER – MOSLEM PILGRIMS WELFARE BOARD LAW
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LAWS OF CROSS RIVER STATE
CHAPTER M8
MOSLEM PILGRIMS WELFARE BOARD LAW
ARRANGEMENT OF SECTIONS
PART 1
Establishment, Constitution and Functions of the Board
SECTION
- Establishment and constitution of Moslem Pilgrims Welfare Board.
- Incorporation of the Board.
- Tenure of office of members.
- Vacation of office.
- Resignation of members.
- Duties of the Board.
- Powers of the Board.
- Avoidance of doubt.
- Remuneration.
- Exemption from liability.
- Regulations.
PART 2
Proceedings of the Board
- Meetings of the Board.
- Questions to be determined by majority of votes.
- Regulation of proceedings.
- Extraordinary meetings.
- Validity of proceedings.
PART 3
Provisions as to Staff
- Appointment of Secretary.
- Appointment of staff and agents.
PART 4
Financial Provisions
- Funds and resources of the Board.
- Accounts and audit.
- Annual report, etc.
PART 5
Miscellaneous
SECTION
- Power to give directions.
- Limitation of Powers of Board.
- Interpretation.
- Citation.
CHAPTER M8
MOSLEM PILGRIMS WELFARE BOARD LAW
A Law to establish a Board to protect and safeguard the interests and welfare of certain pilgrims.
(16th February, 1979)
[Commencement.]
PART 1
Establishment, Constitution and Functions of the Board
- Establishment and constitution of Moslem Pilgrims Welfare Board
(1) There is hereby established in and for the State a board to be known as the Moslem Pilgrims Welfare Board (hereinafter in this Law referred to as “the Board”).
(2) The Board shall consist of—
(a) a chairman;
(b) a deputy chairman;
(c) five members representing the Moslem community;
(d) one member representing the Ministry.
(3) The Chairman, Deputy Chairman and other members of the Board shall be appointed in writing by the Governor, and (with the exception of official members) shall be selected from among persons whom the Governor considers to be sufficiently interested in the welfare of pilgrims.
(4) The names of the members of the Board as from time to time constituted and any change in such membership shall be published in the Gazette.
- Incorporation of the Board
(1) The Board shall be a body corporate with perpetual succession and a common seal and with power to sue and be sued in its corporate name.
(2) The seal of the Board shall be authenticated by the signature of the Chairman, or any other member authorised by the Board to act in that behalf, and of the Secretary of the Board and such seal shall be judicially noticed.
(3) All documents other than those required by law to be under seal and all decisions of the Board may be signified under the hand of the Chairman, or any other member authorized by the Board to act in that behalf, or of the Secretary to the Board.
- Tenure of office of members
Any member of the Board other than a member appointed by virtue of an office held by him, shall hold office for a period of three years beginning from the date of his appointment as a member and shall be eligible for reappointment at the expiration of such period.
- Vacation of office
The seat of a member shall become vacant on the occurrence of any of the following events—
(a) his death;
(b) his inability, resulting from any cause, to discharge the functions of his office;
(c) his conviction by a court of competent jurisdiction of a criminal offence involving fraud, dishonesty or moral turpitude;
(d) his resignation;
(e) the dissolution of the Board; or
(f) his removal by the Governor for misbehaviour of any other cause.
- Resignation of members
Any member, other than a member by virtue of an office held by him, may at any time resign his office in writing under his hand addressed to the Governor.
- Duties of the Board
(1) It shall be the duty of the Board within the limit of its resources, and subject to the provisions of this Law, to protect and safeguard the interest and welfare of pilgrims resident in the State while making journeys to and from any place of pilgrimage approved by the Federal Government.
(2) Without prejudice to the generality of the provisions of subsection (1) of this section, it shall be the duty of the Board to make arrangements for the transport and accommodation of pilgrims and to give them assistance in matters of foreign exchange permits and travelling documents.
- Powers of the Board
Subject to the provisions of this Law, the Board shall, for the purposes of section 8 of this Law, have power—
(a) to do anything or enter into any transaction or both (whether or not involving expenditure, the granting of financial assistance, the acquisition of any property or right) which in its opinion is calculated to facilitate the proper performance of its functions; and
(b) to carry on all activities, the carrying on of which appears to it to be requisite, advantageous or convenient for or in connection with the performance of that function.
- Avoidance of doubt
For the avoidance of doubt, it is hereby declared that the provisions of section 7 of this Law relate only to the capacity of the Board as a statutory corporation, and nothing in the said provisions shall be construed as authorising the disregard by the Board of any enactment or rule or Law.
The Chairman and members of the Board shall be paid such remuneration and allowances as may from time to time be determined by the Governor.
- Exemption from liability
No member of the Board shall be personally liable for any act or default of the Board done or omitted to be done in good faith in the course of the operations of the Board.
- Regulations
Subject to the provisions of this Law and to approval by the Governor, the Board may make regulations generally for the purposes of this Law and without prejudice to the generality thereof, the regulations may—
(a) specify offences and types of misconduct which may disqualify a pilgrim from receiving assistance from the Board;
(b) provide generally for the purposes of this Law; and
(c) in particular impose fees or charges in such cases as may be determined by the Board for services rendered by it or by its servant or agent.
PART 2
Proceedings of the Board
- Meetings of the Board
(1) The Board shall meet at such times as may be expedient for the transaction of its business and in any event shall not hold less than six meetings in any one year.
(2) Four members of the Board present shall form a quorum for the meeting of the Board provided that the Chairman or the Deputy Chairman and at least one official representative of the State Government are present.
(3) The Chairman shall preside at all meetings of the Board at which he is present, and in his absence the Deputy Chairman shall preside.
- Questions to be determined by majority of votes
(1) Questions for determination shall be decided by a majority of the votes of members present and voting.
(2) Every member other than a co-opted member shall for this purpose have a deliberate vote; and in the event of equality of votes, the Chairman shall have in addition to his deliberate vote, a casting vote.
- Regulation of proceedings
Subject to the provisions of section 13 of this Law, the Board shall have power to regulate its own proceedings.
- Extraordinary meetings
Where not less than five members request the Chairman by notice in writing signed by them to convene an extraordinary meeting of the Board for the purpose specified in such notice, the Chairman shall within five days of the receipt by him of the notice convene an extraordinary meeting of the Board for that purpose only.
- Validity of proceedings
The validity of any proceedings of the Board shall not be affected by any vacancy in the membership thereof or by any defect in the appointment of a member thereto except where the Board has been dissolved by the Governor.
PART 3
Provisions as to Staff
- Appointment of Secretary
(1) The Governor shall appoint a suitable person as Secretary to the Board.
(2) The Secretary shall perform such duties as the Board may determine including being in charge of the Board’s Secretariat.
- Appointment of staff and agents
The Board may, with the approval of the Governor, appoint or employ on such remuneration and terms and conditions as it thinks fit, any member of staff and agents as it considers necessary for the proper performance of the functions assigned to it under this Law.
PART 4
Financial Provisions
- Funds and resources of the Board
The funds and resources of the Board shall consist of—
(a) subventions as may be provided by the State Government;
(b) all sums collected by virtue of regulations made under this Law; and
(c) all other sums or property which may, in whatsoever manner, become payable to or vested in the Board in respect of any matter incidental to its functions.
- Accounts and audit
The Board shall keep proper books of account in a form which shall conform with satisfactory commercial standards in which are kept records of its receipts, payments, credits and liabilities and shall submit for audit the same annually with vouchers to auditors appointed by the Governor.
- Annual report, etc.
(1) As soon as may be convenient after the end of the financial year, the Board shall prepare and submit to the Commissioner, a report in such form as the Commissioner may direct of the activities of the Board during the last preceding financial year together with a certified copy of the auditors’ report of the audited accounts of the Board.
(2) The Commissioner shall cause the report so submitted to him to be laid before the Executive Council.
PART 5
Miscellaneous
- Power to give directions
The Governor or the Commissioner, with the prior approval of the Governor, may give to the Board general or specific directions as to the policy to be followed in the performance of its functions under this Law, and the Board shall give effect to all such directions.
- Limitation of powers of Board
Nothing in this Law shall be deemed to confer or be construed as conferring any power or to impose or as imposing any duty on the Board or any person in relation to any matter within the exclusive legislative competence of the Federal Government.
- Interpretation
In this Law unless the context otherwise requires—
“Board” means the Moslem Pilgrims Welfare Board established by section 1 of this Law;
“Chairman” means the Chairman of the Board appointed under section 1 (3) of this Law and includes any person for the time being performing the functions of Chairman;
“Commissioner” means a member of the State Executive Council for the time being charged with responsibility for the Ministry;
“Deputy Chairman” means the Deputy Chairman of the Board appointed under section 1 (3) of this Law and includes any person performing the functions of Deputy Chairman;
“Executive Council” means the State Executive Council;
“financial year” means the period of twelve calendar months beginning with the first day of April in any year and ending with the 31st day of December of the same year;
“functions” include powers and duties;
“Gazette” means State Gazette;
“Governor” means the Governor of the State;
“member” means a member of the Board appointed under section 1 (3) of this Law and includes the Chairman;
“Ministry” means the Ministry charged with responsibility for social development;
“State” means the Cross River State of Nigeria.
- Citation
This Law may be cited as the Moslem Pilgrims Welfare Board Law.
CHAPTER M8
MOSLEM PILGRIMS WELFARE BOARD LAW
SUBSIDIARY LEGISLATION
No Subsidiary Legislation
