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NIGERIAN GEOLOGICAL SURVEY AGENCY (ESTABLISHMENT) ACT, 2006
This Act establishes Nigerian Geological Survey Agency to promote, among other things, the research for, exploration and exploitation of specialized geo-scientific services to both public and private sectors and to transfer the Geological Survey Department of the Federal Ministry of Solid Minerals Development to the Nigerian Geological Survey Agency.
ARRANGEMENT OF SECTIONS
PART I- ESTABLISHMENT OF NIGERIAN GEOLOGICAL SURVEY AND
THE GOVERNING BOARD
PART II- FUNCTIONS AND POWER OF THE AGENCY
PART III-STAFF OF THE AGENCY
PART IV – FINANCIAL PROVISIONS
PART V – DISCOVERIES, INVENTIONS AND IMPROVEMENTS BY EMPLOYEES OF THE
AGENCY AND OTHER PERSONS.
PART VI – PROVISIONS RELATING TO LAND
PART VII – LEGAL PROCEEDINGS
PART VIII – OFFENCES AND PENALTIES
PART IX – MISCELLANEOUS
NIGERIAN GEOLOGICAL SURVEY AGENCY (ESTABLISHMENT) ACT, 2006
An Act to establish the Nigerian Geological Survey Agency; and for related matters.
ENACTED by the National Assembly of the Federal Republic of Nigeria
PART 1- ESTABLISHMENT OF NIGERIAN GEOLOGICAL SURVEY AGENCY AND THE GOVERNING BOARD
Establishment of Nigerian Geological Survey Agency.
(2) The Agency –
(a) shall be a body corporate with perpetual succession and common seal;
(b) may sue and be sued in its corporate name; and
(c) shall acquire, hold and dispose of property, whether movable or immovable.
Establishment of the Governing Board.
Membership of the Board
(a) a chairman;
(b) a representative of the Federal Ministry of Solid Minerals Development;
(c) a representative of the Ministry of Petroleum Resources;
(d) a representative of the Federal Ministry of Science and Technology;
(e) a representative of the Nigeria Mining and Geo-Sciences Society;
(f) a representative of the National Planning Commission;
(g) a representative of the Federal Ministry of Environment;
(h) six other persons, one per geopolitical zone, who by their knowledge and experience are capable of making useful contributions to the work of the Agency;
(i) a representative of the Federal Ministry of Water Resources;
(j) a representative of the Surveyor-General of the Federation; and
(k) the Director-General of the Agency.
(2) The Chairman and the other members of the Board shall be appointed by the President on the recommendation of the Minister.
(3) The supplementary provisions set out in the Schedule to this Act shall Schedule have effect with respect to the proceedings of the Board and the other matters contained therein.
Tenure of Office, etc.
(a) shall hold office for a period of four years on such terms and conditions as may be specified in their letters of appointment; and
(b) may be re-appointed for one further period of four years and no more
(2) Subject as hereinafter provided, a member of the Board appointed jointed under section 3 of this Act shall hold and vacate office in accordance with the terms of the instrument appointing him to be a member of tile Board.
(3) A member of the Board holding office as aforesaid shall vacate that office at the expiration of the period of four years beginning from the date of his appointment.
(4) A person ceasing to hold office as a member of the Board otherwise than by removal for misconduct shall be eligible for re-appointment as member.
(5) Before appointing a person to be a member of the Board under section 3 of this Act. the President shall satisfy himself that the person shall have no such financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a member of the Board, and the President shall also satisfy himself from time to time with respect to every member of the Board that the member has no such interest and any person who is or whom the President proposes to appoint to be a member of the Board shall wherever requested by the President so to do furnish to him such information as the President considers necessary for the performance by the President of his duties under this sub-section
Removal from office, etc.
5.(1) Notwithstanding the provisions of section 4 of this Act, a member may at any time be removed from office by the President:
(a) for inability to discharge tile functions of his office (whether arising from infirmity of mind or body or any other cause) or for misconduct;
(b) if the President is satisfied that a member of the l30ard appointed by him –
(i) absents himself from three consecutive meetings the Board without the permission of the Chairman or if that member is the Chairman, without the permission of the Minister;
(ii) holds any other office of profit under the Agency;
(iii) enters Into contract with the Agency or is engaged or participates in the sharing of the profits of any contract with the Agency
(iv) becomes bankrupt;
(v) is incapacitated by physical or mental illness and is unable to perform his duties;
(vi) is guilty of serious misconduct in relation to his duties; or
(vii) is convicted, or has at any time been convicted, in any court of law in Nigeria or elsewhere; and
(c) if he is satisfied that it is in the public interest so to do
(2) A member of the Board may resign his appointment by a notice in writing under his hand, addressed to the President and that member shall, on the date of the receipt of the notice by the President cease to be a member of the Board
PART II – FUNCTIONS AND POWERS OF THE AGENCY
(a) carry out detailed geological investigations, including analytical and laboratory works, photogeology and other interpretations, core drilling, well-logging, geo-statistics and other mineral calculations as estimations, and valuation;
(b) produce geological, geophysical and geochemical maps of Nigeria on various scales;
(c) promote the search for and exploitation of minerals in Nigeria;
(d) undertake research in the field of geosciences and mineral resources in Nigeria
(e) compile and develop a comprehensive and integrated collection and dissemination of knowledge of geology, geochemistry, geophysics, engineering geology, economic geology, geochronology, marine geology, and geomagnetism;
(f) serve as national depository of all geoscience information relating to the earth, the marine environment, and geo-magnet space;
(g) study the use of the surface and sub-surface of the land, and from geo-scientific viewpoint, advise government institutions and the general public on the Judicious and safe use thereof;
(h) develop and maintain the National Geosciences Information Centre and other such centres as may be approved by the Board, the National Geological Data Infrastructure, the National Geological Research Laboratory, the National Borehole Core Depository, the National Geophysical and Goo-chemical test sites and the Geological Museum;
(i) conduct investigations and render specialized geological services to the public and private institutions;
(j) undertake research on behalf of the Federal and State governments, any other government institutions, and support such research financially or otherwise;
(k) undertake joint research project with Ministries, extra-ministerial departments and agencies, universities and other tertiary institutions and other persons;
(l) cooperate with educational authorities and scientific or technical societies for the promotion of the education and training of researchers, technical experts and other supporting personnel in technical institutions and universities;
(m) cooperate with persons and institutions undertaking geological and mineralogical research in other countries by exchange of geo-scientific knowledge and means of international meetings and research projects; and
(n) establish, organize, run, operate, conduct and participate in such training courses, lectures, seminars, conferences, symposia and similar study group as may enhance tile activities of the Agency or the efficiency of any of its officers and employees;
(0) promote investment in Nigeria’s solid minerals and cooperate with both local and foreign investors and organizations;
(p) maintain and update solid mineral statistics and data bank for investment promotion; and,
(q) produce periodic and annual reports of minerals statistics.
(a) purchase, hire or otherwise acquire movable or immovable property, and alienate, let, pledge or otherwise encumber such property, subject to the approval of the Minister;
(b) award grant, bursaries or loans for research, and make monetary contributions for research programmes in support of its own manpower requirements in areas of geological and mineral investigations;
(c) provide, hire or let services to public and private Institutions or any other persons against payment:
(d) produce and sell reports. maps computer programmes and such other articles on which intellectual property has been conferred on the Agency and through which the Agency generates income in the course of its research:
(e) Institute, manage or cause to be managed, pension fund for employees of the Agency, subject to the approval of the Minister, and
(f) do such other things as are necessary for tile successful p81Iormance of its functions under this Act
(2) Notwithstanding anything to the contrary contained in this Act, geo-scientific research and the performance of generic geological functions under subsection (1) of this section shall be undertaken on such terms and conditions as may be agreed upon between the Board and the person, institution, government or administration on whose behalf the research and performance of functions are to be undertaken, and as approved by the Minister.
PART III – STAFF OF THE AGENCY
’12. (1) There shall be for the Agency a Director-General who shall be appointed by the President on the recommendation of the Minister and on such terms and conditions as may be specified in his letter of appointment
(2) The Director-General shall –
(a) be the chief executive and accounting officer of the Agency and shall be responsible for tile execution of the policies and tile day-to-day administration of the Agency:
(b) hold office for a term of five years in the first instance and may be reappointed for a further term of five years and no more;
(d) be a practicing geologist of not less than twenty-five years post-qualification experience and shall have been actively engaged in the geological and mineral exploration industry in a managerial capacity for a continuous period of not less than ten years;
(3) Whenever the Director-General is unable to carry out his duties or perform his functions for any reason, or there is a vacancy in the office of the Director-General, the Board may designate an employee of the Agency to act as Director-General during such inability until a new Director-General has been appointed In accordance with subsections (1) and (2) of this section, and the employee shall while so acting, have all the powers and perform all the functions of the Director-General.
(2) they shall keep records of the Board and conduct the correspondence of the Agency; and
(3) The Secretary shall perform such other functions as the Board or the Director-General, may from time to time, assign to him.
(2) The terms and conditions of service (including remuneration, allowances, benefits, and pensions) of officers and employees of the Agency shall be as determined by the Board with the approval of the Minister.
(3) Without prejudice to the generality of subsection (1) of this section, the Board may appoint persons as employees of the Agency, including by way of transfer or secondment from any of the public services in the Federation or otherwise as it considers necessary.
(a) that the person’s former service in that civil service shall be taken into account in applying the provisions of the Pensions Act; and
(b) that Act shall have effect as if that person’s subsequent service with the agency were service in that public service.
(a) references to the Board of an affected Agency shall be construed as references to the Agency; and
(b) references to appointments shall be construed as excluding references to the appointment of ex-officio members of the Agency.
(2) Notwithstanding the provisions of subsection (1) of this section, nothing in this act shall prevent the appointment of a person to any office on terms which shall preclude the grant of a pension, gratuity or other retirement benefits in respect of that office.
(3) For the purpose of the application of the provisions of the Pensions Act, any power exercisable by a Minister or authority of the Federal Government other than the power to make regulations under the Pensions Act is hereby vested in the Board.
PART IV – FINANCIAL PROVISIONS
(a) all subventions and budgetary allocations from the Federal Government;
(b) gifts, loans, grants-in-aid from national, bilateral and multilateral agencies;
(c) royalties paid to the agency;
(d) rents, fees and other internally generated revenue from services provided by the agency; and
(e) all other sums, however, accruing to the Agency from time to time.
(2) The management of the general reserve fund, amount to be credited and charges to be made against the general reserve fund and any other application of the money comprised in the general reserve fund shall be as the Board may, with the approval of the Minister, determine.
(3) No part of the money credited to the general reserve fund of the Agency shall be applied otherwise than for the purpose of the Agency.
(a) to the cost of administration of the Agency;
(b) to the payment of the emoluments, allowances, and benefits of members and committees of the Board and such other expenses authorized by the Board;
(c) to the payment of the salaries, fees or other remuneration or allowances, gratuities and pensions and other benefits payable to the officers and other employees of the Agency, so however that no payment of any kind under this paragraph (except such as may be expressly authorized by the Board) shall be made to any person who is in receipt of emoluments from the Federal Government;
(d) for the development and maintenance of any property vested in or owned by the Agency;
(e) For geological and mineral investigation and research work carried by or on behalf of the Agency; and
(f) for and in connection with all or any of its functions under this Act.
(2) The Minister shall cause a copy of the report and the auditor’s report thereon to be laid before the Federal Executive Council so soon after the receipt thereof.
(2) The Agency shall not accept any gift if the conditions attached by the person or organization making the gift are inconsistent with the functions of the Agency under this Act.
(2) The Agency shall not, without the approval of the Minister, borrow money which exceeds, at any time, the amount set by the Minister.
(3) Notwithstanding the provisions of subsection (1) of this section, where the sum to be borrowed is in foreign currency, the Agency shall not borrow the sum without the prior approval of the Minister.
PART V – DISCOVERIES, INVENTIONS AND IMPROVEMENTS BY EMPLOYEES OF THE AGENCY AND OTHER PERSONS, ETC.
(a) employees of the Agency which have been placed at the disposal of 1the Agency; and
(b) persons assisting the Agency with any investigation or research shall vest in the Agency.
(2) The Board may make discoveries, inventions and improvements referred to in subsection (1) of this section and the rights which are vested in the Agency available for use to the public subject to such conditions and the payment of such fees or royalties as the Board may determine.
(3) If the rights in any discovery, invention or improvement are vested in the Agency by virtue of subsection (1) of this section, the Board may award to the person responsible for the discovery, invention or improvement such bonus as it deems fit and make provision for financial participation by him in the profits derived from such discovery, invention or improvement to such an extent as the Minister may determine.
(4) The provisions of this section shall not apply in respect of a discovery or an invention or improvement contemplated in subsection (1) of this section if in the opinion of the Board, such discovery, invention or improvement was made by the person concerned otherwise that –
(a) in the course of his employment as an employee of the Agency;
(b) during the performance of functions in respect of which he has been placed at the disposal of the Agency;
(c) in the course of any investigation or research with which he assisted the Agency; or
(d) in the course of any research in respect of which he receives a bursary or grant-in-aid from the Agency.
(2) The Agency may take into its custody any information contemplated in subsection (1) of this section provided that any person of any law whereby any restriction is placed on such information shall apply to any information which is in the custody of the Agency obtained under this section.
PART VI – PROVISIONS RELATING TO LANDS
35.(1) Subject to this section, the Agency may by its officers, employees, workmen or agents enter, from time to time, upon any land for the discharge of any the functions of the Agency under this Act and, in particular, may enter upon any such land for the purpose of –
(a) surveying the land in connection with any geological or mineral exploration;
(b) carrying on drilling and excavation activities thereon;
(c) constructing any structure or placing, maintaining, repairing, altering or removing any installation; for the purpose of geological, geo-physical or mineral exploration;
(2) The Agency shall, when practicable, serve on the occupier of any land on which it intends to enter pursuant to subsection (1) of this section, a notice in writing giving description of the nature of the work intended to be carried out on the land.
(3) In the discharge of its functions pursuant to subsection (1) of this section, the officers, employees, workmen or agents of the Agency may remain on any land for such reasonable time a may enable them to execute and do all such work and things as may be necessary.
36.(1) In the exercise of the power conferred upon it by section 27 of this Act, the Agency, its officers, employees, workmen, or agents shall restore the environment as may be necessary and the Agency shall pay compensation for any damage done to any building, crops and economic trees.
(2) In the case of dispute as to the amount payable, the procedure shall be as prescribed by the Land Use Act.
PART VII – LEGAL PROCEEDINGS
PART VII – OFFENCES AND PENALTIES
(2) A person who commits an offence under this section is liable on conviction to a fine of up to N50,000.00 (fifty thousand Naira) or imprisonment for six (6) months or both such fine and imprisonment.
(3) A person who willfully or recklessly gives false information as to any of the matters in respect of which information is to be given under this Act or the regulations made under it commits an offence which penalty shall be as in subsection (2).
(a) interferes with any operation authorized under this Chapter of this Act; or
(b) obstructs any person in the exercise of any right conferred under this Chapter of this Act commits under this Act.
(b) If the offence is a continuing one, a person who continues to commit the offence is liable for each day in respect for which the offence continues to a fine not exceeding N3,000.00 (three thousand Naira).
(b) In this section and other provisions of this Act, “officer” –
(i) in relation to a body corporate, includes a Director, Chief Executive, Manager and Secretary.
(ii) in relation to a firm includes a partner and other officers thereof; and
(iii) in relation to other association of individuals includes a person engaged in the management of the affairs of such an association.
PART IX – MISCELLANEOUS
“Agency” means Nigerian Geological Survey Agency established under Section 1 of this Act.
“Chairman” means the Chairman of the Board;
“Director-General means the Director-General of the Agency appointed under section 11 of this Act;
“Member” means a member of the Board and includes the Chairman;
“Minister” means the Minister charged with responsibility for solid mineral development;
“President” means the President of the Federal Republic of Nigeria.
SCHEDULE – Section 3 (3)
SUPPLEMENTARY PROVISIONS AS TO THE BOARD AND STAFF OF THE AGENCY
POWERS OF THE BOARD
PROCEEDINGS OF THE BOARD
(2) At any meeting of the Board, the Chairman shall preside but if he is absent, the members present shall appoint one of their members to preside at that meeting.
(3) Subject to subparagraph (1) and (2) of this paragraph, the quorum at any meeting of the Board shall be six.
(4) The Board may create sub-committee for the purpose of executing specific functions under this Act.
(5) Where not less than five members of the Board request the Chairman by notice in writing signed by them, to convene an extraordinary meeting of the Board for the purposes specified in the notice, the Chairman shall upon receipt of the notice convene an extra-ordinary meeting of the Board for those purposes at the earliest convenient date.
(6) Notwithstanding anything in the foregoing provisions of this paragraph, the first ordinary meeting of the board shall be summoned by the Minister, who may give such directions as he thinks fit as to procedure which shall be followed at the meeting.
(7) The Board may appoint one or more committees to carry out on behalf of the Board, such of its functions as the Board may determine.
(8) A committee appointed under sub-paragraph (7) shall consist of such number of persons as may be determined by the Board, and a person shall hold office on such terms as may be prescribed by the Board.
(9) A decision of a committee of the Board shall be of no legal effect until it is confirmed by the Board
Voting at Meetings
(2) At any meeting of the Board, each member thereof other than the Director-General shall be entitled to vote, and if there is equality of votes, the Chairman of the Meeting, if entitled to vote, shall have a casting vote.
Standing Orders, etc.
(2) Subject as aforesaid and to any standing order made under sub-paragraph 91) of this paragraph, the procedure of the Board with respect to holding of meetings shall be such as the Board may from time to time determine.
DISCLOSURE OF INTERESTS BY MEMBERS OF THE BOARD
(2) A member of the Board who has any interest in any company or concern with which the Board proposes to make any contract or arrangement shall disclose to the Board the fact of such interest and the nature thereof, and such disclosure shall be recorded in the minutes of the Board and such member shall take no part in any deliberation or decision of the Board relating to such contract or arrangement.
(3) For the purposes of this paragraph, a general notice given at a meeting of the Board by a member of the Board to the effect that he is associated with any trade or business, is a member of a specified company or firm and is to be regarded as interested in any transaction or project of the Agency concerning that, trade, business, company or firm shall be regarded as sufficient disclosure of his interest in relation to that transaction or project.
(4) A member of the Board need not attend in person at a meeting of the Board in order to make a disclosure if he takes reasonable steps to ensure that the disclosure is made by a notice which is brought up and read at the meeting.
THE COMMON SEAL
(2) The Agency may have for use in any territory or place situated in Nigeria, an official seal which shall be a facsimile of the seal of the Agency, and –
(a) such official seal may be affixed manually or may be engraved, lithographed, printed or mechanically reproduced upon any contract, instrument or other documents requiring the same.
(b) the provisions of this Schedule shall apply in respect of such official seal as they apply in respect of the seal of the Agency.
EXECUTIVE OF CONTRACTS, DOCUMENTS AND INSTRUMENTS OF THE AGENCY
VALIDITY OF PROCEEDINGS