CROSS RIVER – TOURISM BUREAU LAW
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LAWS OF CROSS RIVER STATE
TOURISM BUREAU LAW
ARRANGEMENT OF SECTIONS
PART I
CHAPTER T2
Establishment and membership of the bureau
SECTION
- Establishment of the Bureau.
- Membership of Bureau.
- Tenure of office.
- Vacation of office.
- Remuneration and allowances.
- Standing orders.
PART II
Functions of the Bureau
- General functions of the Bureau.
- Powers of Bureau.
- Cross River State Tour Operating Company Limited.
- Directions by Governor.
PART III
Local Government Area Tourism Committees
- Establishment and functions of Local Government Area Tourism Committees, etc.
PART IV
Secretary and other staff of the Bureau
- Secretary to the Bureau.
- Staff.
PART V
Funds and accounts
- Funds.
- Annual report.
- Regulations.
- Repealed.
- Saving, transfer of liabilities, staff, etc.
- Interpretation.
- Short title.
SCHEDULE
Supplementary provisions relating to the Bureau and State Tourism Committees
CHAPTER T2
TOURISM BUREAU LAW
A Law to establish the Cross River State Tourism Bureau for the purpose of promoting tourism and providing tourist facilities throughout Cross River State and other matters connected therewith.
(11th December, 2003)
[Commencement.]
PART I
Establishment and membership of the Bureau
- Establishment of the Bureau
(1) There is hereby established a body to be known as the Cross River State Tourism Bureau.
(2) The Bureau shall be a body corporate with perpetual succession and a common seal, and may sue and be sued in its corporate name and to own, hold and dispose of property whether movable or immovable.
- Membership of Bureau
(1) The Bureau shall consist of—
(a) a Chairman;
(b) a Vice-Chairman who shall be the Chief Executive and Chief Accounting Officer of the Bureau;
(c) five full-time members, at least two of whom shall have qualifications and experience in tourism; and
(d) a representative of the Nigerian Tourism Development Corporation (N.T.D.C), who shall be an ex officio member.
(2) The Chairman, Vice-Chairman and other members of the Bureau shall be appointed by the Governor.
(3) The Bureau 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.
- Tenure of office
The Chairman and members shall hold office for a period of five years, renewable for one further period of five years only.
- Vacation of office
The Office of a member shall become vacant if—
(a) he by notice under his hand and addressed to the Governor, resigns his office; or
(b) the Governor at any time revokes the appointment of such member.
- Remuneration and allowances
Members of the Bureau who are not public officers, shall be paid such remuneration and allowances as the Executive Council may determine.
- Standing orders
The provisions contained in the Schedule to this Law shall apply to the Bureau and the Tourism Committee and without prejudice to the foregoing, the Bureau may make standing orders to regulate its proceedings and those of any of its committees.
[Schedule.]
PART II
Functions of the Bureau
- General functions of the Bureau
(1) The functions of the Bureau shall be—
(a) to encourage people resident in the State to take their holidays therein and people from abroad to visit the State;
(b) to encourage the provision and improvement of tourist amenities in the State including the development of hotels and ancillary facilities;
(c) to identify and promote the tourism potentials of every Local Government Area of the State;
(d) to promote the establishment of hotels, guest houses, parks, amusement centres, historic monuments, exhibition centres, museums, art galleries, gardens, recreation grounds, beaches, holiday resorts, souvenir industries, game and wildlife reserves and other places of interest;
(e) to encourage the provision of medical, shopping, transport, communication, information, foreign exchange and other services as may be deemed necessary for the promotion of tourism in the State;
(f) to encourage the development of other trades or industry as the Bureau may consider supplemental or incidental to the promotion of tourism in the State;
(g) to provide advisory and information services;
(h) to promote and undertake research in the field of tourism;
(i) to grade or classify hotels in such manner as may be prescribed;
(j) to render financial assistance to the Local Government Areas in the field of tourism; and
(k) to contribute to or reimburse expenditure incurred by any other person or organisation carrying on any activity which the Bureau has power to carry on under this section;
(l) to render technical advice to the Local Governments in the field of tourism;
(m) to register, classify and grade all hospitality and tourism enterprises, travel agencies and tour operators in such manners as may be prescribed.
- Powers of Bureau
The Bureau shall have power—
(a) subject to such terms and conditions as may be approved by the Bureau and in consultation with the State Civil Service Commission appoint such staff, agents, employees and other workers as the Bureau may require for carrying out any of its functions;
(b) to establish and organise such workshops, studies, laboratories, branches, departments, and offices as the Bureau may from time to time require for the proper performance of its functions;
(c) to sign any contract, enter into any arrangement, and perfect any instrument which the Bureau may from time to time require for the proper performance of any of its functions;
(d) subject to such terms and conditions as the Executive Council may approve, borrow such monies as the Bureau may require for any of its functions and for that purpose create such charge over any of its assets, issue such debentures, bonds and other securities as the Bureau may from time to time require;
(e) to carry out any of its functions along or in association with any other person, agency, commercial entity or non-governmental organisation whether in Nigeria or overseas, as the case may be.
- Cross River State Tour Operating Company Limited
(1) The Bureau may set up a tour operating company to be known as the Cross River State Tour Operating Company Limited (hereinafter in this Law referred to as “the Company”) to operate tour services within and outside the State.
(2) The Bureau shall operate the Company on a commercial basis, by ensuring that the revenue accruing to the Company from services provided by the Agency are not less than sufficient to meet the total cost of providing the services.
- Directions by Governor
The Governor may give to the Bureau directions of a general character or relating generally to particular matters with regard to the exercise by the Bureau of its functions, and it shall be the duty of the Bureau to comply with the directions.
PART III
Local Government Area Tourism Committees
- Establishment and functions of Local Government Area Tourism Committees, etc.
(1) There is hereby established for each local government area a Local Government Area Tourism Committee (hereafter in this Law referred to as the “Tourism Committee”).
(2) Each Tourism Committee shall consist of—
(a) a member of the hotel and catering industry;
(b) a representative of the State Chamber of Commerce, Industry, Mines and Agriculture; and
(c) three members, not being persons in civil service of the State, having qualification and experience in tourism who shall be appointed by the Bureau.
(3) The Chairman of the Tourism Committee shall be appointed from amongst the members by the Local Government Area Chairmen with the approval of the State Executive Council.
(4) Subject to the provisions of this Law, a person appointed a member of the Tourism Committee, not being a public officer, shall hold office for a period of three years from the date of his appointment and may be re-appointed for a further term of three years.
(5) Members of the Tourism Committee who are not public officers shall be paid such remuneration and allowances as the Local Government Chairman may determine.
(6) The Tourism Committee shall have power to co-opt any person to attend its meetings but such person shall have no power to vote and shall not count towards a quorum.
(7) There shall be a Secretary of the Tourism Committee, who shall not be a member of the Tourism Committee appointed by the Governor and he shall—
(a) keep the records and conduct the correspondence of the Tourism Committee; and
(b) perform such other duties of a secretarial nature as the Tourism Committee or, as the case may be, the Chairman of the Tourism Committee may, from time to time direct.
(8) The functions of the Tourism Committee shall be—
(a) to assist and advise the Bureau on the implementation of this Law;
(b) to recommend to the Bureau such other measures as may be necessary in the opinion of the Committee to enable full effect to be given to the provisions of this Law;
(c) in consultation with the Bureau, to devise and carry out schemes aimed at encouraging Nigerians to visit the Local Government Area;
(d) in consultation with the Bureau, to carry on any undertaking necessary for the promotion and development of a tourist industry in the Local Government Area; and
(e) to perform such other functions as may be assigned to it by the Bureau.
(f) to co-ordinate the activities of the Tourism Committee.
PART IV
Secretary and other staff of the Bureau
- Secretary to the Bureau
(1) There shall be appointed by the Governor, a Secretary to the Bureau whose function, shall include the provision of assistance to the Bureau and in that capacity, help in the formulation of the policies of the Bureau.
(2) Without prejudice to subsection (1) of this section and to the functions and powers of the Bureau as provided herein, the Secretary shall be responsible for—
(a) making arrangements for the meetings of the Bureau;
(b) preparing the agenda and recording the minutes of such meetings;
(c) custody of the seal of the Bureau;
(d) conveying the decisions of the Bureau to the parties concerned;
(e) arranging for the payment of salaries and allowances of members; and
(f) performing such other duties as the Bureau may from time to time assign to him.
- Staff
The Bureau shall, subject to the provisions of this Law, have power on the advice of the State Civil Service Commission—
(a) to appoint such staff, agents, other employees of the Bureau as it may determine;
(b) to pay its employees such remuneration and allowances as are payable to persons of equivalent grades in the civil service of the State or of the Local Government.
PART V
Funds and accounts
- Funds
The funds and resources of the Bureau shall consist of—
(a) such revenue as the Bureau may derive from its investments, supplies and services;
(b) such sums as may from time to time be granted to it by the State Government or the Government of the Federation or any other organisation or institution; and
(c) such sums as may accrue to the Bureau from any other source whatsoever.
- Annual report
(1) The Bureau shall keep proper books and statements of accounts in respect of the revenue and expenditure of the Bureau including its balance sheets, for each financial year.
(2) The Bureau shall, within three months after the end of each financial year, submit to the Executive Council—
(a) a report of its activities for that financial year;
(b) the profit and loss account of the Bureau including the balance sheet for that financial year; and
(c) the report of the Auditor-General of the State on the said account.
- Regulations
The Bureau may, with the approval of the Executive Council, make regulations generally for the purpose of giving effect to the provisions of this Law, and may in particular, without prejudice to the generality of the foregoing provisions, make regulations—
(a) providing for the registration by the Bureau of, or of any class of, hotels and either similar establishments in the State in which sleeping accommodation is provided by way of trade or business;
(b) requiring the classification or grading of hotels, restaurants and night clubs and prescribing standards for their upkeep;
(c) requiring hotels and other similar establishments to display information with respect to prices charged;
(d) providing for camping, fishing and hunting within holiday resorts;
(e) prescribing standards to be observed by travel agencies and tourist guides.
- Repealed
The Cross River State Tourism Corporation Edict 1989 is hereby repealed.
- Saving, transfer of liabilities, staff, etc.
(1) The statutory functions, rights, interest, obligations and liabilities of the Corporation existing before the commencement of this Law under any contract or instrument, shall by virtue of this Law be deemed to have been assigned to and vested in the Bureau established by this Law.
(2) Any such contract or instrument as is mentioned in subsection (1) of this section shall be of the same force and effect against or in favour of the Bureau established by this Law and shall be enforceable as fully and effectively as if instead of that Corporation, the Bureau established by this Law had been named therein or had been a party thereto.
(3) The Bureau established by this Law shall be subject to all the obligations and liabilities to which the Corporation was subject immediately before this Law and all other persons shall have the same rights, powers and remedies against the Bureau established by this Law as they had against the Corporation immediately before the commencement of this Law.
(4) Any proceedings or cause of action pending or existing immediately before the commencement of this Law, by or against the Corporation, in respect of any right, interest, obligation or liability of the Corporation may be continued or as the case may be, commenced and any determination of a court of law, tribunal or other authority or person may be enforced by or against the Bureau established by this Law to the same extent that such proceedings, cause of action or determination might have been continued, commenced or enforced by or against the Bureau before its establishment by this Law.
(5) All assets, funds, resources and other movable or immovable property which immediately before the commencement of this Law, were vested in the Corporation established under the repealed Law shall by virtue of this Law and without further assurance, be vested in the Bureau established by this Law.
(6) Any person who immediately before the coming into force of this Law was the holder of any office in the Corporation existing before the commencement of this Law shall, on the commencement of this Law, continue in office and be deemed to have been appointed to his office by the Bureau established by this Law unless the authority by which the person was appointed terminates the appointment.
- Interpretation
In this Law, unless the context otherwise requires—
“Bureau” means the Cross River State Tourism Bureau established by section 1 of this Law;
“Chairman” means Chairman of the Bureau appointed under section 2 of this Law;
“Corporation” means the defunct Cross River State Tourism Corporation established under the repealed Law;
“Executive Council” means Executive Council of the State;
“Governor” means Governor of the State;
“Secretary” means the person appointed by virtue of section 12 (1) of this Law;
“Public Officer” means public officer in any capacity in the public service of the State; and
“Tourism Committee” means any of the Local Government Tourism Committees established by section 11 of this Law.
- Short title
This Law may be cited as the Tourism Bureau Law.
SCHEDULE
[Section 6.]
SUPPLEMENTARY PROVISIONS RELATING TO THE BUREAU AND STATE TOURISM COMMITTEES
Meetings and proceedings of the Bureau
- Convening meetings
(1) The Bureau shall meet as often as is necessary for the transaction of its business.
(2) The annual meeting shall be held in November in 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 Bureau may at the annual meeting decide or determine by standing orders.
- Number of meetings
(1) The enlarged meeting of the Bureau shall be held at least four times in any given year.
(2) The business meeting of the Bureau shall be held weekly or monthly or at such time as the Bureau may determine.
(3) The Chairman or his authorised representative shall preside at all business meetings of the Bureau.
- Standing orders
The Bureau 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.
- Notice of meetings
(1) Notice of any meeting of the Bureau shall state the time and place of a meeting, and the business proposed to be transacted thereat, and the same shall be sent to members of the Bureau at least ten clear days before the meeting is held.
(2) The Chairman of the Bureau may call an emergency meeting upon giving notice to members of the Bureau.
(3) Every notice shall be signed by the Secretary except where the meeting is called by members then such notice shall be signed by a member on behalf of the Bureau.
- Notice to members to attend
A notice to attend the meeting of the Bureau, 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.
- Only business specified to be transacted at meeting
No business shall be transacted at a meeting of the Bureau other than that specified in the notice relating thereto.
- Number of members to be recorded
No business shall be transacted at a meeting of the Bureau unless at least one-half of the whole numbers of the members of the Bureau are present thereat.
- Quorum
For the purpose of effectively performing its functions, the Bureau may appoint standing or ad hoc committees to carry out such acts as may be delegated to them.
- Decision on question
(1) All acts of the Bureau and all questions coming or arising before the Bureau shall be done and decided by a majority of the members present and voting thereon at a meeting of the Bureau.
(2) In the case of an equality of votes, the person presiding at the meeting shall have a second or casting vote.
- Breaches of order at meeting of Commission
(1) At any meeting of the Bureau or of a committee thereof if a member shows disregard for the authority of the Chairman or abuses the standing rules or orders of the Bureau or of the committee persistently and wilfully obstructing the business of the Bureau 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 Bureau 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.
- Committees
The names of the members of the Bureau or of members of a committee thereof present at a meeting of the Bureau or of a committee thereof shall be recorded.
- Authentication of documents
(1) The common seal of the Bureau shall not be affixed to any document except in pursuance of a resolution duly passed at a meeting of the Bureau and recorded in the minutes of such meeting.
(2) The fixing of the common seal of the Bureau 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 Bureau.
(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 Bureau by any person specifically authorised in that behalf by the Bureau.
- Minutes
(1) Minutes of the proceedings of a meeting of the Bureau or of a committee thereof shall be regularly entered in books kept for that purpose and shall be read, confirmed and signed by the person presiding at the same or next ensuing meeting of the Bureau 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 is proved, a meeting of the Bureau 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.
- Minutes open to inspection by the Governor
The minutes of the proceedings of the Bureau shall at all reasonable times be open to inspection by the Governor.
CHAPTER T2
TOURISM BUREAU LAW
SUBSIDIARY LEGISLATION
No Subsidiary Legislation
TOURISM BUREAU LAW
ARRANGEMENT OF SECTIONS
PART I
CHAPTER T2
Establishment and membership of the bureau
SECTION
- Establishment of the Bureau.
- Membership of Bureau.
- Tenure of office.
- Vacation of office.
- Remuneration and allowances.
- Standing orders.
PART II
Functions of the Bureau
- General functions of the Bureau.
- Powers of Bureau.
- Cross River State Tour Operating Company Limited.
- Directions by Governor.
PART III
Local Government Area Tourism Committees
- Establishment and functions of Local Government Area Tourism Committees, etc.
PART IV
Secretary and other staff of the Bureau
- Secretary to the Bureau.
- Staff.
PART V
Funds and accounts
- Funds.
- Annual report.
- Regulations.
- Repealed.
- Saving, transfer of liabilities, staff, etc.
- Interpretation.
- Short title.
SCHEDULE
Supplementary provisions relating to the Bureau and State Tourism Committees
CHAPTER T2
TOURISM BUREAU LAW
A Law to establish the Cross River State Tourism Bureau for the purpose of promoting tourism and providing tourist facilities throughout Cross River State and other matters connected therewith.
(11th December, 2003)
[Commencement.]
PART I
Establishment and membership of the Bureau
- Establishment of the Bureau
(1) There is hereby established a body to be known as the Cross River State Tourism Bureau.
(2) The Bureau shall be a body corporate with perpetual succession and a common seal, and may sue and be sued in its corporate name and to own, hold and dispose of property whether movable or immovable.
- Membership of Bureau
(1) The Bureau shall consist of—
(a) a Chairman;
(b) a Vice-Chairman who shall be the Chief Executive and Chief Accounting Officer of the Bureau;
(c) five full-time members, at least two of whom shall have qualifications and experience in tourism; and
(d) a representative of the Nigerian Tourism Development Corporation (N.T.D.C), who shall be an ex officio member.
(2) The Chairman, Vice-Chairman and other members of the Bureau shall be appointed by the Governor.
(3) The Bureau 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.
- Tenure of office
The Chairman and members shall hold office for a period of five years, renewable for one further period of five years only.
- Vacation of office
The Office of a member shall become vacant if—
(a) he by notice under his hand and addressed to the Governor, resigns his office; or
(b) the Governor at any time revokes the appointment of such member.
- Remuneration and allowances
Members of the Bureau who are not public officers, shall be paid such remuneration and allowances as the Executive Council may determine.
- Standing orders
The provisions contained in the Schedule to this Law shall apply to the Bureau and the Tourism Committee and without prejudice to the foregoing, the Bureau may make standing orders to regulate its proceedings and those of any of its committees.
[Schedule.]
PART II
Functions of the Bureau
- General functions of the Bureau
(1) The functions of the Bureau shall be—
(a) to encourage people resident in the State to take their holidays therein and people from abroad to visit the State;
(b) to encourage the provision and improvement of tourist amenities in the State including the development of hotels and ancillary facilities;
(c) to identify and promote the tourism potentials of every Local Government Area of the State;
(d) to promote the establishment of hotels, guest houses, parks, amusement centres, historic monuments, exhibition centres, museums, art galleries, gardens, recreation grounds, beaches, holiday resorts, souvenir industries, game and wildlife reserves and other places of interest;
(e) to encourage the provision of medical, shopping, transport, communication, information, foreign exchange and other services as may be deemed necessary for the promotion of tourism in the State;
(f) to encourage the development of other trades or industry as the Bureau may consider supplemental or incidental to the promotion of tourism in the State;
(g) to provide advisory and information services;
(h) to promote and undertake research in the field of tourism;
(i) to grade or classify hotels in such manner as may be prescribed;
(j) to render financial assistance to the Local Government Areas in the field of tourism; and
(k) to contribute to or reimburse expenditure incurred by any other person or organisation carrying on any activity which the Bureau has power to carry on under this section;
(l) to render technical advice to the Local Governments in the field of tourism;
(m) to register, classify and grade all hospitality and tourism enterprises, travel agencies and tour operators in such manners as may be prescribed.
- Powers of Bureau
The Bureau shall have power—
(a) subject to such terms and conditions as may be approved by the Bureau and in consultation with the State Civil Service Commission appoint such staff, agents, employees and other workers as the Bureau may require for carrying out any of its functions;
(b) to establish and organise such workshops, studies, laboratories, branches, departments, and offices as the Bureau may from time to time require for the proper performance of its functions;
(c) to sign any contract, enter into any arrangement, and perfect any instrument which the Bureau may from time to time require for the proper performance of any of its functions;
(d) subject to such terms and conditions as the Executive Council may approve, borrow such monies as the Bureau may require for any of its functions and for that purpose create such charge over any of its assets, issue such debentures, bonds and other securities as the Bureau may from time to time require;
(e) to carry out any of its functions along or in association with any other person, agency, commercial entity or non-governmental organisation whether in Nigeria or overseas, as the case may be.
- Cross River State Tour Operating Company Limited
(1) The Bureau may set up a tour operating company to be known as the Cross River State Tour Operating Company Limited (hereinafter in this Law referred to as “the Company”) to operate tour services within and outside the State.
(2) The Bureau shall operate the Company on a commercial basis, by ensuring that the revenue accruing to the Company from services provided by the Agency are not less than sufficient to meet the total cost of providing the services.
- Directions by Governor
The Governor may give to the Bureau directions of a general character or relating generally to particular matters with regard to the exercise by the Bureau of its functions, and it shall be the duty of the Bureau to comply with the directions.
PART III
Local Government Area Tourism Committees
- Establishment and functions of Local Government Area Tourism Committees, etc.
(1) There is hereby established for each local government area a Local Government Area Tourism Committee (hereafter in this Law referred to as the “Tourism Committee”).
(2) Each Tourism Committee shall consist of—
(a) a member of the hotel and catering industry;
(b) a representative of the State Chamber of Commerce, Industry, Mines and Agriculture; and
(c) three members, not being persons in civil service of the State, having qualification and experience in tourism who shall be appointed by the Bureau.
(3) The Chairman of the Tourism Committee shall be appointed from amongst the members by the Local Government Area Chairmen with the approval of the State Executive Council.
(4) Subject to the provisions of this Law, a person appointed a member of the Tourism Committee, not being a public officer, shall hold office for a period of three years from the date of his appointment and may be re-appointed for a further term of three years.
(5) Members of the Tourism Committee who are not public officers shall be paid such remuneration and allowances as the Local Government Chairman may determine.
(6) The Tourism Committee shall have power to co-opt any person to attend its meetings but such person shall have no power to vote and shall not count towards a quorum.
(7) There shall be a Secretary of the Tourism Committee, who shall not be a member of the Tourism Committee appointed by the Governor and he shall—
(a) keep the records and conduct the correspondence of the Tourism Committee; and
(b) perform such other duties of a secretarial nature as the Tourism Committee or, as the case may be, the Chairman of the Tourism Committee may, from time to time direct.
(8) The functions of the Tourism Committee shall be—
(a) to assist and advise the Bureau on the implementation of this Law;
(b) to recommend to the Bureau such other measures as may be necessary in the opinion of the Committee to enable full effect to be given to the provisions of this Law;
(c) in consultation with the Bureau, to devise and carry out schemes aimed at encouraging Nigerians to visit the Local Government Area;
(d) in consultation with the Bureau, to carry on any undertaking necessary for the promotion and development of a tourist industry in the Local Government Area; and
(e) to perform such other functions as may be assigned to it by the Bureau.
(f) to co-ordinate the activities of the Tourism Committee.
PART IV
Secretary and other staff of the Bureau
- Secretary to the Bureau
(1) There shall be appointed by the Governor, a Secretary to the Bureau whose function, shall include the provision of assistance to the Bureau and in that capacity, help in the formulation of the policies of the Bureau.
(2) Without prejudice to subsection (1) of this section and to the functions and powers of the Bureau as provided herein, the Secretary shall be responsible for—
(a) making arrangements for the meetings of the Bureau;
(b) preparing the agenda and recording the minutes of such meetings;
(c) custody of the seal of the Bureau;
(d) conveying the decisions of the Bureau to the parties concerned;
(e) arranging for the payment of salaries and allowances of members; and
(f) performing such other duties as the Bureau may from time to time assign to him.
- Staff
The Bureau shall, subject to the provisions of this Law, have power on the advice of the State Civil Service Commission—
(a) to appoint such staff, agents, other employees of the Bureau as it may determine;
(b) to pay its employees such remuneration and allowances as are payable to persons of equivalent grades in the civil service of the State or of the Local Government.
PART V
Funds and accounts
- Funds
The funds and resources of the Bureau shall consist of—
(a) such revenue as the Bureau may derive from its investments, supplies and services;
(b) such sums as may from time to time be granted to it by the State Government or the Government of the Federation or any other organisation or institution; and
(c) such sums as may accrue to the Bureau from any other source whatsoever.
- Annual report
(1) The Bureau shall keep proper books and statements of accounts in respect of the revenue and expenditure of the Bureau including its balance sheets, for each financial year.
(2) The Bureau shall, within three months after the end of each financial year, submit to the Executive Council—
(a) a report of its activities for that financial year;
(b) the profit and loss account of the Bureau including the balance sheet for that financial year; and
(c) the report of the Auditor-General of the State on the said account.
- Regulations
The Bureau may, with the approval of the Executive Council, make regulations generally for the purpose of giving effect to the provisions of this Law, and may in particular, without prejudice to the generality of the foregoing provisions, make regulations—
(a) providing for the registration by the Bureau of, or of any class of, hotels and either similar establishments in the State in which sleeping accommodation is provided by way of trade or business;
(b) requiring the classification or grading of hotels, restaurants and night clubs and prescribing standards for their upkeep;
(c) requiring hotels and other similar establishments to display information with respect to prices charged;
(d) providing for camping, fishing and hunting within holiday resorts;
(e) prescribing standards to be observed by travel agencies and tourist guides.
- Repealed
The Cross River State Tourism Corporation Edict 1989 is hereby repealed.
- Saving, transfer of liabilities, staff, etc.
(1) The statutory functions, rights, interest, obligations and liabilities of the Corporation existing before the commencement of this Law under any contract or instrument, shall by virtue of this Law be deemed to have been assigned to and vested in the Bureau established by this Law.
(2) Any such contract or instrument as is mentioned in subsection (1) of this section shall be of the same force and effect against or in favour of the Bureau established by this Law and shall be enforceable as fully and effectively as if instead of that Corporation, the Bureau established by this Law had been named therein or had been a party thereto.
(3) The Bureau established by this Law shall be subject to all the obligations and liabilities to which the Corporation was subject immediately before this Law and all other persons shall have the same rights, powers and remedies against the Bureau established by this Law as they had against the Corporation immediately before the commencement of this Law.
(4) Any proceedings or cause of action pending or existing immediately before the commencement of this Law, by or against the Corporation, in respect of any right, interest, obligation or liability of the Corporation may be continued or as the case may be, commenced and any determination of a court of law, tribunal or other authority or person may be enforced by or against the Bureau established by this Law to the same extent that such proceedings, cause of action or determination might have been continued, commenced or enforced by or against the Bureau before its establishment by this Law.
(5) All assets, funds, resources and other movable or immovable property which immediately before the commencement of this Law, were vested in the Corporation established under the repealed Law shall by virtue of this Law and without further assurance, be vested in the Bureau established by this Law.
(6) Any person who immediately before the coming into force of this Law was the holder of any office in the Corporation existing before the commencement of this Law shall, on the commencement of this Law, continue in office and be deemed to have been appointed to his office by the Bureau established by this Law unless the authority by which the person was appointed terminates the appointment.
- Interpretation
In this Law, unless the context otherwise requires—
“Bureau” means the Cross River State Tourism Bureau established by section 1 of this Law;
“Chairman” means Chairman of the Bureau appointed under section 2 of this Law;
“Corporation” means the defunct Cross River State Tourism Corporation established under the repealed Law;
“Executive Council” means Executive Council of the State;
“Governor” means Governor of the State;
“Secretary” means the person appointed by virtue of section 12 (1) of this Law;
“Public Officer” means public officer in any capacity in the public service of the State; and
“Tourism Committee” means any of the Local Government Tourism Committees established by section 11 of this Law.
- Short title
This Law may be cited as the Tourism Bureau Law.
SCHEDULE
[Section 6.]
SUPPLEMENTARY PROVISIONS RELATING TO THE BUREAU AND STATE TOURISM COMMITTEES
Meetings and proceedings of the Bureau
- Convening meetings
(1) The Bureau shall meet as often as is necessary for the transaction of its business.
(2) The annual meeting shall be held in November in 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 Bureau may at the annual meeting decide or determine by standing orders.
- Number of meetings
(1) The enlarged meeting of the Bureau shall be held at least four times in any given year.
(2) The business meeting of the Bureau shall be held weekly or monthly or at such time as the Bureau may determine.
(3) The Chairman or his authorised representative shall preside at all business meetings of the Bureau.
- Standing orders
The Bureau 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.
- Notice of meetings
(1) Notice of any meeting of the Bureau shall state the time and place of a meeting, and the business proposed to be transacted thereat, and the same shall be sent to members of the Bureau at least ten clear days before the meeting is held.
(2) The Chairman of the Bureau may call an emergency meeting upon giving notice to members of the Bureau.
(3) Every notice shall be signed by the Secretary except where the meeting is called by members then such notice shall be signed by a member on behalf of the Bureau.
- Notice to members to attend
A notice to attend the meeting of the Bureau, 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.
- Only business specified to be transacted at meeting
No business shall be transacted at a meeting of the Bureau other than that specified in the notice relating thereto.
- Number of members to be recorded
No business shall be transacted at a meeting of the Bureau unless at least one-half of the whole numbers of the members of the Bureau are present thereat.
- Quorum
For the purpose of effectively performing its functions, the Bureau may appoint standing or ad hoc committees to carry out such acts as may be delegated to them.
- Decision on question
(1) All acts of the Bureau and all questions coming or arising before the Bureau shall be done and decided by a majority of the members present and voting thereon at a meeting of the Bureau.
(2) In the case of an equality of votes, the person presiding at the meeting shall have a second or casting vote.
- Breaches of order at meeting of Commission
(1) At any meeting of the Bureau or of a committee thereof if a member shows disregard for the authority of the Chairman or abuses the standing rules or orders of the Bureau or of the committee persistently and wilfully obstructing the business of the Bureau 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 Bureau 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.
- Committees
The names of the members of the Bureau or of members of a committee thereof present at a meeting of the Bureau or of a committee thereof shall be recorded.
- Authentication of documents
(1) The common seal of the Bureau shall not be affixed to any document except in pursuance of a resolution duly passed at a meeting of the Bureau and recorded in the minutes of such meeting.
(2) The fixing of the common seal of the Bureau 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 Bureau.
(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 Bureau by any person specifically authorised in that behalf by the Bureau.
- Minutes
(1) Minutes of the proceedings of a meeting of the Bureau or of a committee thereof shall be regularly entered in books kept for that purpose and shall be read, confirmed and signed by the person presiding at the same or next ensuing meeting of the Bureau 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 is proved, a meeting of the Bureau 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.
- Minutes open to inspection by the Governor
The minutes of the proceedings of the Bureau shall at all reasonable times be open to inspection by the Governor.
CHAPTER T2
TOURISM BUREAU LAW
SUBSIDIARY LEGISLATION
No Subsidiary Legislation
