STATUTORY CORPORATIONS (MISCELLANEOUS PROVISIONS) LAW
ARRANGEMENT OF SECTIONS
CHAPTER S17
SECTION
SCHEDULE 1
Corporations to which Law applies
SCHEDULE 2
Corporations to which Law does not apply
CHAPTER S17
STATUTORY CORPORATIONS (MISCELLANEOUS PROVISIONS) LAW
A Law to provide for the appointment and discipline of staff of various Corporations and for the exemption of the said Corporations from stamp duties and registration fees.
(18th January, 1977)
[Commencement.]
Any written Law affecting any corporation to which this Law applies (which relates to appointment and discipline of staff, conditions of service of such staff, and any other matter dealt with by this Law) shall, as from the commencement of this Law and subject to this and any other Law, have effect with such modifications (whether by way of addition, alteration or omission) as may be necessary to bring that Law into conformity with the provisions of this Law.
(1) The power of appointment, confirmation of appointment, appointment on promotion, promotion, posting, transfer, dismissal or any other disciplinary control over the person who is, by whatever name known or howsoever described, the chief executive of a corporation to which this Law applies, shall be exercised by the Governor-in-Council on the recommendation of the Board.
(2) The like power as is mentioned in subsection (1) of this section relating to such corporation shall be exercised—
(a) in respect of the principal officers of the corporation (other than the chief executive of the corporation not below the rank of Principal Executive Officer Grade 1 or the equivalent rank), by the Civil Service Commission;
(b) in respect of other senior staff not below the rank of Executive Officer or above the rank of Principal Executive Officer and the equivalent ranks, by the Board, on the recommendations of the Management;
(c) in respect of intermediate and junior staff on salary level 01 to level 06 inclusive per annum, by the Management:
Provided that—
(i) in the case of paragraphs (a) and (b) above, returns of all appointments, promotions, or disciplinary actions made or taken by the Board or the Management, as the case may be, are submitted to the Civil Service Commission for information and the Executive Council for any necessary review by the Governor; and
(ii) in the case of paragraph (c) above, every appointment, promotion or discipline of staff is so soon after as may be convenient notified to the Board for information, necessary observations and review.
(1) The scales of salary as may from time to time be determined by the Executive Council in accordance with existing regulations shall apply to the staff of a statutory corporation to which this Law applies.
(2) For the purposes of subsection (1), the scales of salary and the allowances and benefits applicable thereunder shall be included in and form part of the regulations made under section 4.
(1) Subject to subsection (3) of this section, a corporation to which this Law applies may make regulations generally for the purposes of this Law, and without prejudice to any other power to make regulations, in particular, make regulations in respect of the following matters, that is to say—
(a) establishment matters and the general administrative policy in the service of a statutory corporation affected;
(b) the qualifications and the terms and conditions of appointment (whether on first appointment or on transfer to any other corporation to which this Law applies or promotion) to any class or grade of office in the service of any such statutory corporation;
(c) the period of service on probation on first appointment and the period and conditions of such probationary appointment;
Statutory Corporations (Miscellaneous Provisions) Law
(d) the conduct of officers in relation to the carrying on or participation in any trade, business or occupation, political activities, the publication in any manner of statements of a political or administrative nature, the rendering of services to persons and institutions other than the statutory corporation under which an officer is for the time being employed, the disclosure of official information and in such other respect as appears necessary to the board for the preservation of the integrity or independence of the services of the statutory corporation;
(e) the conditions upon which increments of salary may be granted or withheld;
(f) the examinations to be taken by any class or grade of officers and the conduct of such examinations;
(g) the conditions of service of officers including leave, allowances and any equipment, services, facilities or benefits to be provided at the expense of the statutory corporation;
(h) the notification of inventions or patents applied for by officers and the conditions upon which, and the extent to which, rights in inventions or patents may be enjoyed by any such officer, and for requiring the assignment of rights not to be enjoyed by such officers or any statutory corporation;
(i) the procedure for the making of petitions by officers to the Civil Service Commission or the Board or the Management;
(j) the official procedure and the duties and responsibilities of officers in relation to the conduct of the business of the statutory corporation.
(2) Regulations made under this section may make different provisions for different classes or grades of officers.
Regulations made under section 4 of this Law shall not be valid until approved in writing by the Governor-in-Council.
(1) This Law applies to the statutory corporations and other bodies mentioned in Schedule 1 of this Law.
(2) For the avoidance of doubt, this Law shall not apply to the statutory corporations or other bodies mentioned in Schedule 2 to this Law.
(3) The Executive Council may, if it thinks fit, from time to time by notice published in the Gazette—
(a) exclude from the provisions of this Law any statutory corporation included in the list under subsection (1) of this section; or
(b) extend the operation of this Law to other body corporates that are wholly owned by the Government by including their names in the list afore-mentioned; or
(c) modify the application of section 2 of this Law to a corporation to which this Law applies.
Stamp duties under the Stamp Duties Law and registration fees under the Land Instruments Registration Law are not payable in respect of an instrument whereby land is conveyed or leased to a corporation to which this Law applies.
In this Law, unless the context otherwise requires—
“the appropriate Commissioner” means the State Commissioner charged with responsibility for a corporation to which this law applies;
“the Board” means the Board of Directors of a corporation to which this Law applies;
“chief executive” means the most senior executive officer of a corporation to which this Law applies (whether described as chief executive officer, general manager or otherwise howsoever);
“corporation” means a body corporate in which Government has an interest and includes a board or council established by an enactment of the Government;
“land” includes any estate or interest in land or building;
“Management” means the management of a corporation to which this Law applies;
“State” means Cross River State.
This Law may be cited as the Statutory Corporations (Miscellaneous Provisions) Law.
SCHEDULE 1
Corporations to which Law applies
Corporations referred to in section 6 (1) of this Law are as follows—
(a) Cross River State Housing Corporation;
(b) Newspaper Corporation;
(c) Cultural Centre Board;
(d) Cross River State Sports Council;
(e) Water Board;
(f) Rural Electrification Board;
(g) Cross River State Broadcasting Corporation.
SCHEDULE 2
Corporations to which Law does not apply
Corporations referred to in section 6 (2) of this Law are as follows—
(a) Cross Lines Limited (CROSSLINE);
(b) Calabar Veneer and Plywood Limited;
(c) Pamol Industries Limited;
(d) Asbestonit Limited;
(e) South-East Breweries Limited;
(f) Seromwood Industries Limited;
(g) Niger Mills Limited;
(h) Oban (Nigeria) Rubber Estates Limited;
(i) The Polytechnic Calabar;
(j) Calabar Cement Company Limited;
(k) Investment Trust Company Limited;
(l) Cross River Estates Limited;
(m) Cross River State Agricultural Development Project;
(n) Hotels and Tourism Board.
CHAPTER S17
STATUTORY CORPORATIONS (MISCELLANEOUS PROVISIONS) LAW
SUBSIDIARY LEGISLATION
No Subsidiary Legislation