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Laws of the Nigerian Federation
NIGERIAN INSTITUTE OF SOCIAL AND ECONOMIC RESEARCH ACT
NIGERIAN INSTITUTE OF SOCIAL AND ECONOMIC RESEARCH ACT
ARRANGEMENT OF SECTIONS
FIRST SCHEDULE
Supplementary provisions relating to the Council, etc.
SECOND SCHEDULE
Transitional provisions relating to the employees, assets, and liabilities of the Nigerian Institute of Social and Economic Research, Ibadan
NIGERIAN INSTITUTE OF SOCIAL AND ECONOMIC RESEARCH ACT
An Act to establish the Nigerian Institute of Social and Economic Research as an autonomous institution under a governing council and to confer on it, amongst other things, the functions of providing consultancy services to the Federal and State Governments in the field of economic and social development and to conduct research into the social and economic problems of Nigeria.
[14th December 1997] [Commencement.]
(1) There is hereby established an institute to be known as the Nigerian Institute of Social and Economic Research (in this Act referred to as “the Institute”).
(2) There shall be established for the management of the affairs of the Institute a Council to be known as the Nigerian Institute of Social and Economic Research Council (in this Act referred to as “the Council”) which shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name.
(3) The Council shall be responsible for the determination of the overall policy of the Institute and in particular for the financial and operational programmes of the Institute and for ensuring implementation of such policies and programmes.
(4) The provisions of the First Schedule to this Act shall have effect with respect to the proceedings of the Council and the other matters therein mentioned.
The Council shall consist of the following members-
(a) a chairman, to be appointed by the President on the recommendation of the Minister;
(b) the Director of the Institute;
(c) the Permanent Secretary, Federal Ministry of Industries or his representative;
(d) the Director, Central Planning Office;
(e) the chief statistician, Federal Office of Statistics;
(f) the Director of Research, Central Bank of Nigeria;
(g) four scholars to be appointed by the Minister on the recommendation of the Director; and
(h) two persons to represent interests not otherwise represented in this section, to be appointed by the Minister.
Without prejudice to the generality of section 1 (3) of this Act, it shall be the duty of the Council-
(a) to approve the research and training programmes of the Institute;
(b) subject to section 5 (4) of this Act, to approve conditions of service of the employees of the Institute including provisions for the payment of pensions;
(c) to determine fees to be paid for research, consulting and training services offered by the Institute; and
(d) to carry out such other activities as are necessary and expedient for the full discharge of any of the functions conferred on it under or pursuant to this Act.
Subject to section 3 of this Act, the Institute shall have the following functions, that is-
(a) to provide consultancy services to the Federal and State Governments, their agencies and other organizations, in the field of economic and social development;
(b) to conduct research into the economic and social problems of the country with a view to the application of the results thereof;
(c) to organize seminars and conferences on problems of economic and social development in the country, whether on its own account or on behalf of the governments of Nigeria or their agencies; and
(d) to co-operate with Nigerian universities, research institutes, and other institutions in the mobilization of the country’s research potential for the task of national development and dissemination of research findings for the use of policymakers at all levels.
(1) There shall be a Director of the Institute who shall be appointed by the President on the recommendation of the Minister.
(2) Subject to the general control of the Council, the Director shall be the chief executive of the Institute and shall be responsible for the execution of the policy of the Institute and the day-to-day running of the affairs of the Institute.
(3) The Council may appoint such other persons as employees of the Institute, either by way of transfer or secondment from any of the public services or any university in the Federation or otherwise howsoever, as it considers necessary.
(4) The remuneration and the tenure of office of the employees of the Institute (other than the Director) shall be determined by the Council after consultation with the Federal Civil Service Commission.
(1) Subject to subsection (2) of this section, the Council may accept gifts of land, money or other property upon such trusts and conditions if any, as may be specified by the person making the gift.
(2) The Council shall not accept any gift if the conditions attached by the person making the gift are inconsistent with the functions of the Council under this Act.
(1) For the purpose of providing offices and premises necessary for the performance of its functions, the Council may-
(a) purchase or take on lease any land; and
(b) build, equip and maintain offices and premises.
(2) The Council may, with the approval of the Minister, sell or lease any land, offices or premises held by it and no longer required for the performance of its functions.
(1) The Federal Civil Service Commission may by order published in the Federal Gazette declare the office of the Director or of any person employed by the Council to be a pensionable office for the purposes of the Pensions Act.
(2) Subject to subsections (3) and (4) of this section, the Pensions Act shall, in its application by virtue of the foregoing subsection to any office, have effect as if the office were in the public service of the Federation within the meaning of the Constitution of the Federal Republic of Nigeria 1999.
(3) For the purposes of the application of the provisions of the Pensions Act in accordance with subsection (2) of this section, any power exercisable thereunder by a Minister or other authority of the Government of the Federation, other than the power to make
regulations under section 23 thereof, is hereby vested in and shall be exercisable by the Council and not by any other person or authority.
(4) Nothing in the foregoing provisions of this section shall prevent the appointment of a person to any office on terms which preclude the grant of a pension or gratuity in respect of service in that office.
(1) The Council shall submit to the Minister not later than the 31st of October in each financial year an estimate of its revenue and expenditure.
(2) The Council shall establish and maintain a fund from which there shall be defrayed all expenditure incurred by the Council.
(3) There shall be paid and credited to the fund established under subsection (2) of this section-
(a) such sums as may, from time to time, be granted to the Council by the Federal Government;
(b) all monies raised for the purposes of the Institute by way of gifts, grants-in-aid, testamentary disposition and sales of publications; and
(c) all subscriptions, fees and charges for services rendered by the Institute and all other sums that may accrue to the Institute from any source.
(1) The Council shall keep proper accounts and proper records in relation thereto and shall prepare in respect of each financial year a statement of accounts in such form as the Minister may direct.
(2) The Council shall as soon as may be after the end of the financial year to which the accounts relate cause its accounts to be audited by qualified auditors approved by the Minister from the list and in accordance with guidelines supplied by the Auditor-General for the Federation.
(1) The Institute shall prepare and submit to the Minister not later than the 30th of June in each financial year a report in such form as the Minister may direct on the activities of the Institute during the immediately preceding financial year, and shall include in the report a copy of the audited accounts of the Institute for that year and of the auditors’ report on the accounts.
(2) The Minister shall submit the report and any recommendations made by him thereto to the President.
The Minister may give to the Council directions of a general character or relating generally to particular matters (but not to any individual or case) with regard to any of the functions of the Council or the Institute under this Act, and it shall be the duty of the Council to comply with such directions or cause them to be complied with.
The transitional provisions in the Second Schedule to this Act shall have effect notwithstanding any other provisions of this Act or any provisions of the University of Ibadan Act or statutes made thereunder.
In this Act, unless the context otherwise requires-
“Council” means the Council established by section 1 (2) of this Act;
“Director” means the Director appointed pursuant to section 5 of this Act;
“Institute” means the Nigerian Institute of Social and Economic Research established by section 1(1) of this Act;
“Minister” means the Minister responsible for economic development.
This Act may be cited as the Nigerian Institute of Social and Economic Research Act.
FIRST SCHEDULE
[Section 1 (4).]
Supplementary provisions relating to the Council, etc.
Terms of service
(2) The office of a member of the Council mentioned in sub-paragraph (1) of this paragraph shall become vacant if-
(a) he resigns his office by notice in writing under his hand, addressed to the Minister; or
(b) the Minister is satisfied that it is not in the interest of the Institute for the person appointed to continue in office and notifies the member in writing to that effect.
Committees
(2) Every such committee shall consist of-
(a) a chairman who shall be appointed by the Council from among the members of the Council;
(b) not more than five persons (who may not all be members of the Council), so however that any non-member of the Council co-opted to serve on any committee shall enjoy all the rights and privileges of a member except the right to vote and to count towards a quorum.
(3) In this paragraph “chairman” means the chairman of a committee.
Proceedings of the Council
(2) The chairman may at any time, and shall at the request in writing of the Minister or of not less than four members, summon a meeting and if the chairman fails so to do, the Minister may himself summon a meeting.
(3) Particulars of the business to be transacted at any meeting shall be circulated to members with the notice of the meeting.
(2) The quorum for meetings of the Council shall be six of whom at least two shall be persons appointed under section 2 (b), (c) and (d) of this Act.
(3) The chairman shall at any meeting, have a vote and in the case of an equality of votes, may exercise a casting vote.
(2) During the chairman’s absence on leave or if the chairman is otherwise not available, or is unable to perform his functions, the Minister may appoint any member of the Council to act as chairman for a specified period.
(a) by any vacancy in the membership of the Council or any such committees;
(b) by any defect in the appointment of any member; and
(c) by reason of the fact that any person not entitled to do so took part in the proceedings.
Miscellaneous
(2) Any member of the Council or of a committee thereof, who has a personal interest in any contract or arrangement entered into or proposed to be considered by the Council or a committee thereof, shall forthwith disclose his interest to the Council or the Committee and shall not vote on any question relating to such contract or arrangement.
(2) The fixing of the seal of the Council shall be authenticated by the signature of the chairman or some other member authorized generally or specifically by the Council to act for that purpose.
(3) Any document purporting to be a document duly executed under the seal of the Council shall be received in evidence and shall, unless the contrary is proved, be presumed to be so executed.
SECOND SCHEDULE
[Section 13.]
Transitional provisions relating to the employees, assets and liabilities of the
Nigerian Institute of Social and Economic Research, Ibadan
(a) all rights, interests, obligations, and liabilities of the old Institute existing immediately before the commencement of this Act under any contract or instrument, or at law or in equity apart from any contract or instrument shall, by virtue of this Act, be assigned and vested in the Council;
(b) any such contract or instrument as mentioned in sub-paragraph (a) of this paragraph shall be of the same force and effect against or in favor of the Council and shall be enforceable as fully and effectively as if instead of the old Institute, the Council had been named therein or had been a party thereto; and
(c) the Council shall be subject to all obligations and liabilities to which the old Institute was subject immediately before the date of commencement of this Act, and all other persons shall as from the date of commencement of this Act have the same rights, powers and remedies against the Council as they had against the old Institute immediately before the date of commencement of this Act.
NIGERIAN INSTITUTE OF SOCIAL AND ECONOMIC RESEARCH ACT
SUBSIDIARY LEGISLATION
No Subsidiary Legislation