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CROSS RIVER – URBAN DEVELOPMENT AUTHORITY LAW

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LAWS OF CROSS RIVER STATE

CHAPTER U2

URBAN DEVELOPMENT AUTHORITY LAW

ARRANGEMENT OF SECTIONS

PART I

Establishment of Authorities

SECTION

  1. Establishment of Authorities.
  2. Each Authority is a body corporate.
  3. Board of Authority.
  4. Executive Secretary.
  5. Tenure of Board members.
  6. Remuneration.
  7. Jurisdiction.

PART II

Functions and powers

  1. Functions.
  2. Powers.
  3. Power of Planning Authority.

PART III

Establishment of Management and Departments

  1. Establishment of Management and Departments.
  2. Appointment of Executive Secretary.

PART IV

Funds and accounts

  1. Funds.
  2. Borrowing powers.
  3. Bank accounts.
  4. Accounts and audit.
  5. Co-opt members.
  6. Validity of proceedings.
  7. Quorum.
  8. Presiding of meetings.
  9. Convening meetings.
  10. Standing orders.

PART V

Miscellaneous Provisions

  1. Committees.
  2. Authentication of documents.
  3. Representation in court.
  4. Direction by the Governor.
  5. Award of contract.
  6. Regulations.
  7. Pensions and gratuity: Pensions Law 1987.
  8. Repeal of Law No. 4 1990.
  9. Interpretation.
  10. Short title.

SCHEDULE

CHAPTER U2

URBAN DEVELOPMENT AUTHORITY LAW

A Law for the Establishment of Urban Development Authorities in Cross River State and for matters connected therewith.

(23rd January, 2001)

[Commencement.]

PART I

Establishment of Authorities

  1. Establishment of Authorities

There is hereby established, three (3) Urban Development authorities listed in the schedules to this Law.

  1. Each Authority is a body corporate

Each Development Authority shall be a body corporate with perpetual succession and common seal and shall have power to sue and be sued in its corporate name.

  1. Board of Authority

(1)      There shall be constituted for every Development Authority a Board as the Governor may appoint.

(2)      The Board constituted under subsection (1) of this section shall consist of a Chairman and four other members.

  1. Executive Secretary

(1)      There shall be an Executive Secretary appointed for every Development Authority.

(2)      The Executive Secretary appointed under subsection (1) of this section shall be a serving officer not below the rank of Director in the State Civil Service.

  1. Tenure of Board members

(1)      The tenure of office of the Chairman and members of the Board shall be three (3) years and they shall be eligible for reappointment for a further term of three (3) years.

(2)      The appointment of Chairman and members shall be part-time.

  1. Remuneration

The remuneration and allowances of the Chairman and members of the Board shall be determined by the Governor.

  1. Jurisdiction

The area of jurisdiction of each development Authority shall be as indicated in Schedules 1, 2 and 3 to this Law.

PART II

Functions and powers

  1. Functions

The functions of the Development Authority shall be—

(a)      to co-ordinate development programmes within the designated area of its jurisdiction;

(b)      to co-ordinate development programmes at the Community level within its area;

(c)      to provide various infrastructural services, amenities and recreational facilities in accordance with any existing master plan for the development of its area where none exist;

(d)      to liaise with the relevant Rural Development Commission and State Director of Town Planning to ensure the proper planning and control of the development of its area;

(e)      to beautify major streets, round abouts and State-owned recreation parks within the Planning Area;

(f)      to conduct joint sanitation exercise with the Cross River Environmental Sanitation and Protection Agency (CRESPA) for the maintenance of cleanliness of the Planning Area; and

(g)      to improve the aesthetic value of the Area through tree planting and floriculture.

  1. Powers

(1)      Every Development Authority shall, subject to the provisions of this Law, have power to carry out acts that facilitate the performance of its functions including—

(a)      the appointment of such staff, agents, consultants, employees and workers as the Authority may require for the carrying out of any of its functions and upon such terms and conditions as may from time to time be determined by the Authority, and the persons so appointed shall be subject to the rules and regulations applicable in the State Civil Service;

(b)      conditions of service as may be approved by the Governor;

(c)      the training and re-training of managerial and technical staff for the purpose of effectively discharging the functions conferred on it by or in pursuance of this Law; and

(d)      periodical liaising with the Agency charged with Environmental Protection matters for the purposes of evolving and executing plans and policies that will enhance the attainment of the aims and objectives of beautifying the Area.

(2)      The Development Authority may, with the approval of the Governor—

(a)      establish such organisational structures as it shall require for the purpose of carrying out its functions;

(b)      enter into contracts or partnership with any person or body for any arrangement to perfect any instrument which may be necessary for the proper performance of its functions;

(c)      undertake such research as may be necessary for the performance of its functions.

  1. Power of Planning Authority

Notwithstanding the provisions of section 4 of the Town and Country Planning Law, the appropriate Development Authority shall for purposes of that Law be the Planning Authority for the Area set out in the Schedules hereto.

PART III

Establishment of Management and Departments

  1. Establishment of Management and Departments

(1)      There is hereby established for every Development Authority a management which shall consist of the Director and Heads of Departments.

(2) (a) Department of Personnel;

(b)      Department of Finance and Supply;

(c)      Department of Physical Planning Design, Environment and Mapping; and

(d)      Department of Estates Infrastructure and Utilities; and

(e)      Environmental Beautification and Waste Management.

  1. Appointment of Executive Secretary

(1)      There shall be appointed for every Development Authority by the Governor an Executive Secretary equivalent to the rank of a Director in the State Civil Service who shall be Chief Executive and shall be responsible for the day to day running of the affairs of the Authority.

(2)      The emoluments and allowances of the Executive Secretary shall be as specified in the instrument of appointment.

PART IV

Funds and accounts

  1. Funds

The funds of the Authority shall consist of—

(a)      such sums of money as may be budgeted for the Authority in the State Budget;

(b)      such revenue as the authority may derive from its charges, investments and services; and

(c)      such sums of money which may accrue to the Authority from its assets or any other sources whatsoever.

  1. Borrowing powers

The Authority may, subject to such terms and conditions as may be approved by the Governor, borrow such monies as it may from time to time, require for the performance of any of its functions under this Law.

  1. Bank accounts

(1)      The Authority shall, for its purposes, keep and operate bank accounts in reputable banks and all monies received on behalf of the Authority shall be paid into such bank accounts.

(2)      No withdrawal of monies shall be made from the Authority’s accounts unless the cheque or other instruments in respect of such withdrawal is signed by the Executive Secretary, and the Accountant and confirmed by the Chairman.

  1. Accounts and audit

(1)      Every Development Authority shall keep proper books of accounts and records in relation to its income and expenditure and shall prepare in respect of each financial year a statement of accounts for the year.

(2)      The Authority shall not more than 90 days after the end of the financial year to which the statement of accounts relate, cause its books to be audited by Auditors approved by the Auditor-General of the State in accordance with financial guidelines issued by him.

(3)      The Authority shall not more than 90 days after the end of each financial year submit to the Governor—

(a)      a report of its activities for the immediate financial year;

(b)      the profit and loss account of the Authority including its balance sheet for the immediate financial year; and

(c)      the Audit report of the account for the immediate preceding financial year.

  1. Co-opt members

Whenever the Board desires to obtain the advice of any person on any matter, the Board may co-opt such person to be a member for such meeting as the Board may decide and the person so co-opted shall have all the rights and privileges of a member except that he shall not vote on any question or count towards the quorum at such meetings.

  1. Validity of proceedings

The validity of any proceedings of the Board shall not be affected by the absence of any member or by any defect in the appointment of a member or any vacancy in the membership of the Board or by reason that a person not so entitled has taken part in such proceedings.

  1. Quorum

No meeting of the Board shall proceed to business unless there is a quorum and three (3) members present at any meeting shall be the quorum.

  1. Presiding of meetings

(1)      The Chairman shall preside at any Board meeting and in his absence, the members present at such meeting shall elect one of their members to preside.

(2)      The person presiding at any Board meeting shall have both original and a casting vote.

  1. Convening meetings

(1)      The members of the Board may at such date, time and place as the Chairman may decide hold any meeting for the transaction of its business.

(2)      The chairman may at any time on his own motion and shall upon the requisition of any three (3) members of the Board convene a meeting of the Board to transact any business specified in the notice of such meetings.

  1. Standing orders

The Authority may make standing orders for the proper conduct of its Standing Committees.

PART V

Miscellaneous Provisions

  1. Committees

For the purpose of effectively performing its functions, the Board may appoint Standing Committees to carry out such acts as may be delegated to them.

  1. Authentication of documents

(1)      The common seal of the Development Authority shall not be affixed to any document except in pursuance of a resolution duly passed at a meeting of the Board and recorded in the minutes of such meeting.

(2)      The fixing of the common seal of the Authority shall be authenticated by the signature of the Chairman and the Executive Secretary or of such other person who is specifically authorised in that behalf by the Board.

(3)      Any contracts 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 Authority by any person specifically authorised in that behalf by the Board.

  1. Representation in court

In any civil action, or proceedings, the Authority may at any time be represented in Court by a State Counsel or a legal practitioner nominated by the Attorney-General of the State.

  1. Direction by the Governor

The Governor may give the Authority directives of a specific or general nature with respect to the performance by the Authority of its functions under this Law and the Authority shall comply with such directions.

  1. Award of contract

The Authority shall have power to award contracts in accordance with existing State Tenders Rules and Regulations of the State.

  1. Regulations

The Authority may with the approval of the Governor make regulations for carrying into effect the provisions of this Law and may without prejudice to the provisions of the Civil Service Rules and Financial Regulations make rules on matters relating to the appointment, promotion, discipline and training of its staff.

  1. Pensions and gratuity: Pensions Law 1987

Service in the Development Authority is pensionable and scheduled service within the meaning of the Pension Law 1987 and shall be deemed to be included in Schedule 2 of the said Law.

  1. Repeal of Law No. 4 1990

(1)      The Calabar Capital City Development Authority Law, No. 4 of 1990 is hereby repealed.

(2)      All rights, interests, obligation, assets and liabilities which immediately before the commencement of this Law were vested in the Calabar Capital City Development Authority, shall on the commencement of this Law, be transferred to the appropriate Development Authority and shall by virtue of this Law and without any further assurance vest in the Authority.

(3)      Any proceedings of cause of action pending or existing immediately before the commencement of this Law for or against the Calabar Capital City Development Authority, may on the commencement of this Law be continued or commenced as the case may be by or against the appropriate Development Authority to the same extent that the proceedings or cause of action ought to have been continued or commenced by or against the Calabar Capital City Development Authority if this Law had not been made.

  1. In this Law—

“Area” means the areas of jurisdiction of the Urban Development Authority;

“Authority” includes “Development Authority” and “Planning Authority” and means each of the Urban Development Authorities established by section 1 of this Law;

“Board” means the Board of the Authority established under section 3 (1) of this Law;

“Chairman” means the Chairman of the Board of each Authority;

“Director” includes Assistant or Deputy Director in the State Service;

“Executive Secretary” means the Executive Secretary of the Authority appointed under section 12 of this Law;

“Governor” means the Governor of Cross River State;

“Member” means a member of the Board and includes the Chairman;

“State” means Cross River State; and

“Urban” includes a city, town or village so designated under the Schedule to this Law.

  1. Short title

This Law may be cited as the Urban Development Authority Law.

SCHEDULE 1

Areas constituting Calabar Urban Development Authority

For the purposes of this Law, the Calabar Urban Development Authority shall consist of the following Towns and Villages—

1. Abenyo 26. Ikot Effiong Nsa
2. Afokang 27. Ikot Eka Idem
3. Akabo 28. Ikot Ekpo
4. Akai Efa 29. Ikot Enebong
5. Akani Esuk Orok 30. Ikot Esu
6. Akim Qua Town 31. Ikot Ishie
7. Anantigha 32. Ikot Mbo/Esuk Otu
8. Asari Eso 33. Ikot Nkebre
9. Atimbo Etondo 34. Ikot Nsisuk
10. Bacococ/Awakada 35. Ikot Omin
11. Big Qua Town 36. Ikot Uduak
12. Cobham Town 37. Kasuk Qua Town
13. Diamond Hill 38. Leopard Town
14. Duke Town 39. Lower Ediba
15. Edibe Edibe 40. Mbukpa
16. Ekorinim 41. Nyakassang
17. Essien Town 42. Obot Okoho
18. Esuk Ekpo Eyo 43. Obufa Esuk Orok
19. Esuk Utan 44. Okani Mbang Essien Etim
20. Henshaw Town 45. Old Town (Obutong)
21. Idundu Qua Town 46. Otop Otop
22. Ikot Abasi Obori 47. Upper Ediba
23. Ikot Ansa 48. Uwanse
24. Ikot Efa 49. Ayangase
25. Ikot Efanga Mkpa 50. Idundu

 

SCHEDULES 2 AND 3 OMITTED

CHAPTER U2

URBAN DEVELOPMENT AUTHORITY LAW

SUBSIDIARY LEGISLATION

No Subsidiary Legislation

 

Law Nigeria Admin
Law Nigeria Admin

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