PLANNING COMMISSION LAW
ARRANGEMENT OF SECTIONS
Meetings and proceedings of the Commission
PLANNING COMMISSION LAW
A Law to make provisions for the establishment of the Planning Commission and for matters connected therewith.
(13th May, 2004)
(1) There is hereby established a Commission to be known as the Cross River State Planning Commission.
(2) The Commission shall be a body corporate with perpetual succession and a common seal and shall have power to sue and be sued in its name and to acquire, hold and dispose of moveable and immovable property.
(1) The Commission shall consist of—
(a) the Governor as Chairman;
(b) the Vice-Chairman who shall be the Chief Executive and Chief Accounting Officer of the Commission;
(c) four full-time members;
(d) a Secretary.
(2) The Vice-Chairman and the members of the Commission shall be nominated by the Governor and confirmed by the House of Assembly.
(3) The Commission shall in the performance of its functions be independent and not be subject to the direction, control or supervision of any other authority or person other than the Governor.
(4) The supplementary provisions contained in the Schedule to this Law shall have effect with respect to the proceedings of the Commission and other matters contained therein.
(1) The Vice-Chairman and members of the Commission shall hold office for a period of five years renewable for one further period of five years only.
(2) The office of a member shall become vacant if—
(a) he by notice under his hand addressed to the Governor resigns his office; or
(b) the Governor at any time revokes the appointment of such member.
The functions of the Commission shall be—
(a) in consultation with the Chairmen of Local Government Councils in the State, to formulate policies and prepare development plans for the State Government and as far as it is practicable harmonise such plans with the development policies and objectives of the Government of the Federation;
(b) to develop and manage technical assistance programmes for the State;
(c) to liase with the National Planning Commission for the purpose of the execution of its functions;
(d) undertake such research as may be necessary for the performance of its functions;
(e) to carry out such other activities as are necessary or expedient for the full discharge of all or any of the functions conferred on the Commission under this Law.
In the discharge of its duties under this Law, the Commission shall have power to—
(a) ask for and obtain from any State Ministry, agency or parastatal or other private institutions statistical or other information relevant to the functions of the Commission under this Law;
(b) require any person to appear before the Commission or any committee of the Commission—
(i) to discuss matters which the Commission deems necessary for the purpose of effectively discharging the Commission’s duties under this Law;
(ii) to give evidence or produce any document that is likely to assist the Commission or any of its committees in the discharge of the duties of the Commission under this Law;
(c) issue guidelines and circulars regarding plan preparation, implementation and control;
(d) do anything that in the opinion of the Commission is to facilitate the carrying out of the functions of the Commission under this Law.
In addition to section 5, the Commission shall have power to—
(a) collate relevant technical data on all projects and infrastructural facilities planned for implementation in the State;
(b) ensure due process in project/contract implementation in the State;
(c) monitor and evaluate on-going projects through regular site visits to ensure compliance with contract specifications;
(d) advise the stoppage of any on-going contract that does not adhere to contract specifications;
(e) submit periodic returns on monitored projects to the Governor;
(f) hold regular consultative meetings with Ministries/agencies and Local Governments saddled with responsibilities of project conception, management and execution;
(g) maintain a data bank for all projects implemented in the State;
(h) maintain a project library;
(i) liase with the Federal Government and other external/donor agencies to attract meaningful projects to the State;
(j) perform any other duties as may be assigned by the Governor to the Commission.
(1) There shall be appointed by the Governor, a Secretary to the Commission who shall hold a rank in the Commission not below that of a Director in the State Civil Service and whose function shall include the provision of assistance to the Commission and in that capacity, help in the formulation of the policies of the Commission.
(2) Without prejudice to subsection (1) of this section, the Secretary shall be responsible for—
(a) making arrangements for the meetings of the Commission;
(b) preparing the agenda, recording the minutes of meetings and keeping the Minutes Books of the Commission and its committees;
(c) keeping custody of the seal of the Commission and applying it as directed by the Commission;
(d) conveying the decisions of the Commission to all parties concerned; and
(e) performing such other duties as the Commission may from time to time assign to him.
The Commission shall develop and submit to the Governor, appropriate conditions of service covering remunerations, fringe benefits, pension schemes and other benefits, which would enable it to attract and retain high quality manpower; so however that until such submission is made and approved the terms and conditions of service in the State Civil Service shall apply.
(1) In addition to such other departments as the Commission may determine from time to time, to ensure its efficient operations, there shall be established in the Commission the following departments—
(a) Administration and Finance Department;
(b) Economic Planning Department;
(c) Research and Statistics Department;
(d) Projects Inspectorate Department;
(e) Development Assistant Co-ordination Department.
(2) The Departments established under subsection (1) of this section shall be headed by officers not below the rank of Directors in the State Civil Service.
In addition to staff of its own establishment, employed under section 5 of this Law, the Commission may co-opt whatever level of staff required from any Ministry or parastatal, whether on secondment or departmental transfer, to enhance the efficient performance of its functions.
(1) The Commission shall establish and maintain a fund from which shall be defrayed all expenditures incurred by the Commission.
(2) There shall be paid and credited to the fund established pursuant to subsection (1) of this section—
(a) such moneys as may be budgeted for the Commission in the State Budget;
(b) such moneys as may, from time to time, be granted to the Commission by the State or Local Governments in the State;
(c) 1% monitoring and evaluation fee for each contract payable at source; and
(d) all subscriptions, fees and charges for services rendered or publications made by the Commission.
(3) The fund shall be managed in accordance with rules made by the Governor and without prejudice to the generality of the power to make rules under this subsection, the rules shall in particular contain provisions—
(a) regulating the payments into and out of the fund; and
(b) requiring the keeping of proper accounts for the purposes of the fund in such form as may be specified in the rules.
(1) The Commission shall keep and operate bank accounts in reputable banks and all moneys received on behalf of the Commission shall be paid into the said accounts.
(2) No withdrawal shall be made from the said accounts unless the cheque or other instrument in respect of such withdrawal is signed by the Vice-Chairman and the Secretary or such other persons as may be authorised in that behalf by the Commission.
(1) The Commission shall keep proper books of account in respect of its revenue and expenditure for each financial year.
(2) The Commission shall immediately after the end of each financial year, but not exceeding 90 days after the end of such financial year, submit to the Cross River State House of Assembly—
(a) a report of its activities for that year;
(b) a balance sheet for that financial year; and
(c) income and expenditure statement.
The Commission shall not later than the 30th September of each year, submit to the Governor estimates of its revenue and expenditure for each financial year.
Subject to the provisions of this Law, the Governor may give to the Commission directions of a general nature or relating generally to matters of policy with regards to the exercise by the Commission of its functions and it shall be the duty of the Commission to comply with such directions.
(1) On the commencement of this Law the existing staff of the former Department of Economic Planning and other staff of the Departments of Planning, Research and Statistics in the various Ministries and Agencies of Government shall be deemed to be staff of the Commission.
(2) All existing legislation and guidelines that are at variance with this Law shall be deemed to have been amended in conformity with the provisions of this Law.
(1) The planning and other functions, rights, interest, obligations and assets herein established but previously carried on or employed administratively before the commencement of this Law under any contract, instrument, administrative policy, guideline or directive shall by virtue of this Law be deemed to have been assigned to and vested in the Commission established by this Law.
(2) Any such contract or instrument as mentioned in subsection (1) of this section shall be of the same force and effect and against or in favour of the Commission established by this Law and shall be enforceable as fully and effectively as the Commission established by this Law had been named therein or had been a party thereto.
In this Law, unless the context otherwise requires—
“Vice-Chairman” means the Vice-Chairman of the Commission;
“Commission” means the Cross River State Planning Commission established by section 1 of this Law;
“Chairman” means the Chairman of the Commission;
“Governor” means Governor of the State;
“member” means a member of the Commission and includes the Chairman, Vice-Chairman and the Commissioners of the Commission;
“Secretary” means the Secretary to the Commission;
“State” means Cross River State of Nigeria.
This Law may be cited as the Planning Commission Law.
[Section 2 (4).]
Meetings and Proceedings of the Commission
(1) The Commission shall meet as often as is necessary for the transaction of its business.
(2) An annual meeting of the Commission shall be held in October of every year, upon such dates as the Chairman may fix for the consideration of estimates for the ensuing year.
(3) Any other meetings shall be held on such other days before the annual meeting next following as the Commission may at the annual meeting decide or determine by standing orders.
(1) The enlarged meeting of the Commission shall be held at least four times in any given year.
(2) The business meeting of the Commission shall be held weekly or monthly or at such time as the Commission may determine.
(3) At an enlarged meeting in which the Governor is not present, the Vice-Chairman shall preside.
(4) The Vice-Chairman or his authorised representative shall preside at all business meetings of the Commission.
The Commission shall have power to regulate its proceedings and may make standing orders for that purpose and subject to any such standing orders and to paragraph 7 of this Schedule, may function notwithstanding—
(a) any vacancy in its membership or the absence of any member; or
(b) any defect in the appointment of a member.
(1) Notice of any meeting of the Board shall state the time and place of the meeting, and the business proposed to be transacted thereat, and the same shall be sent to members of the Board at least ten clear days before the meeting is held.
(2) The Chairman of the Board may call an emergency meeting upon giving notice to members of the Board.
(3) Every notice shall be signed by the Secretary except where the meeting is called by members in accordance with paragraph 2 of this Schedule, when such notice shall be signed by a member on behalf of the Board.
A notice to attend the meeting of the Commission, specifying the business proposed to be transacted thereat, shall be left at or sent by post to the usual place of residence of every member:
Provided that want of service of the notice on any member shall not affect the validity of a meeting.
No business shall be transacted at a meeting of the Commission other than that specified in the notice relating thereto.
No business shall be transacted at a meeting of the Commission unless at least one half of the whole number representative is present thereat.
For the purpose of effectively performing its functions, the Commission may appoint standing committees to carry out such acts as may be delegated to them.
(1) All acts of the Commission and all questions coming or arising before the Commission shall be done and decided by a majority of the members present and voting thereon at a meeting of the Commission.
(2) In the case of an equality of votes the person presiding at the meeting shall have a second or casting vote.
(1) At any meeting of the Commission of a committee thereof if a member shows disregard for the authority of the Chairman or abuses the standing rules or orders of the Commission or committee persistently and willfully obstructs the business of the Commission or otherwise, the person presiding at the meeting shall direct the attention of the meeting to the incident mentioning by name the person concerned, and may, by writing under his hand suspend such person from the exercise of his function as a member at that sitting.
(2) In the case of grave disorder arising in any meeting of the Commission or of a committee thereof the person presiding may, if he thinks it necessary to do so, adjourn the meeting without question put, or suspend any meeting for a time to be specified by him.
The names of the members of the Commission or members of a Committee thereof present at a meeting of the Commission or of a committee thereof shall be recorded.
(1) The common seal of the Commission shall not be affixed to any document except in pursuance of a resolution duly passed at a meeting of the Commission and recorded in the minutes of such meeting.
(2) The fixing of the common seal of the Commission shall be authenticated by the signature of the Chairman and the Secretary or such other person who is specifically authorised in that behalf by the Commission.
(3) Any contract or instrument which would not be required to be under seal if entered into or executed by a person, may be entered into or executed as the case may be on behalf of the Commission by any person specifically authorised in that behalf by the Commission.
(1) Minutes of the proceedings of a meeting of the Commission or of a committee thereof shall be regularly entered in books kept for that purpose as provided in paragraph 11 hereof. They shall be read, confirmed and signed by the person presiding at the same or next ensuing meeting of the Commission or committee, as the case may be, and any minute purporting to be so signed shall be received in evidence without further proof.
(2) Until the contrary be proved, a meeting of the Commission or of a committee thereof in respect of proceedings whereof a minute has been so made and signed shall be deemed to have been duly convened and held, and all the members present at the meeting shall be deemed to have qualified and where the proceedings are proceedings of a committee, the committee shall be deemed to have been duly constituted and to have had power to deal with the matter referred to in the minutes.
The minutes of the proceedings of the Commission shall at all reasonable times be open to inspection by the Chairman.
PLANNING COMMISSION LAW
No Subsidiary Legislation