Nigerian Institute of Mining and Geo-sciences, Jos, (Establishment) Act 2018

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NIGERIAN INSTITUTE OF MINING AND GEOSCIENCES, JOS (ESTABLISHMENT) ACT, 2018

EXPLANATORY MEMORANDUM

This Act establishes the Nigerian Institute of Mining and Geosciences, Jos to serve as an institute to provide courses of Instruction, training and research in the exploration and exploitation of minerals for national development.

ARRANGEMENT OF SECTIONS

PART I—ESTABLISHMENT OF NIGERIAN INSTITUTE OF MINING AND GEOSCIENCE, JOS

Establishment of Nigerian Institute of Mining and Geosciences, Jos.

PART II—FUNCTIONS AND POWERS OF THE BOARD

functions of the Institute.

PART III—STAFF OF THE INSTITUTE

Powers of the Institute.
Establishment of Governing Board of the Institute.
Tenure of office of members of the Board.
Remuneration of members of the Board.
Removal from office of a member of the Board.
Functions of the Board.
Establishment of committees.
Appointment of management staff of the Institute.

Appointment of the Director-General of the Institute.
Qualifications of Directors and Legal Adviser.
Appointment of other staff of the Institute.
Conditions of Service of staff of the Institute.
Removal from the office of the Director-General and membership of the Board.
Discipline of senior staff.
Discipline of junior staff.
Service in the Institute to be pensionable.

PART IV—ACADEMIC BOARD OF THE INSTITUTE

Establishment of the Academic Board of the Institute.
Functions of the Academic Board.
Academic Departments of the Institute.
Candidates for examination.
Award of Diplomas and Certificates.

PART V—FINANCIAL PROVISIONS

Fund of the Institute.
Expenditure of the Institute.
Power to accept gifts.
Power to borrow.
Annual estimates, accounts and audit.
Annual report.

PART VI—DISCOVERIES, INVENTIONS AND INNOVATIONS BY THE INSTITUTE

Discoveries, inventions and innovations by the Institute.

PART VII-MISCELLANEOUS PROVISIONS

Office and premises.
Procedure in respect of suit against the Institute.
Savings.
Interpretation.
Citation.

Schedule.

NIGERIAN INSTITUTE OF MINING AND GEOSCIENCES, JOS (ESTABLISHMENT) ACT, 2018

An Act to establish the Nigerian Institute of Mining and Geosciences, Jos to provide courses of instruction, training and research in the exploration and exploitation of minerals for national development; and for related matters.

Commencement [06^TH NOVEMBER, 2018]

ENACTED by the National Assembly of the Federal Republic of Nigeria—

PART I.—ESTABLISHMENT OF THE NIGERIAN INSTITUTE OF MINING AND GEOSCIENCES, JOS

Establishment of Nigerian Institute of Mining and Geosciences, Jos

(1) There is established the Nigerian Institute of Mining and Geosciences, Jos (in this Act referred to as “the Institute”).

(2) The Institute—

(a) is a body corporate with perpetual succession and a common seal; and

(b) may sue or be sued in its corporate name.

Functions of the Institute.

The Institute shall—

(a) provide courses of instruction, training and research in geosciences and mining and produce technicians and such skilled personnel normally required for the mining and related industries;

(b) provide for both the public and private sectors alike, laboratory services for rock and mineral identification, sampling and mineral beneficiation, mineral and metallurgical analysis;

(c) sponsor educational programmes pertaining to geosciences, mining, processing technologies, production techniques, mining and geosciences management, safety and other mining related issues;

(d) disseminate to the public and industries any result of the research or studies in developments pertaining to mining, processing and geosciences;

(e) offer consultancy and technical services in geosciences, mineral processing and mining to public and private establishments engaged in mining and related industries;

(f) conduct research in mining, quarrying and related industries;

(g) collaborate with other similar institutions within and outside Nigeria for the realisation of its mandate;

(h) conduct and participate in conferences, symposia, seminars, lectures, training courses and similar study arrangements that may enhance the activities of the Institute;

(i) provide skilled training for the artisanal and small scale mining operators; and

(j) carry out any other activity for the realisation of its mandate under this Act.

Powers of the Institute.

The Institute has powers to—

(a) establish such departments, divisions and units within the Institute as may be deemed necessary;

(b) establish such posts or positions and make appointments;

(c) provided for the appointment, promotion, discipline, training and welfare of staff of the Institute;

(d) admit student of training and skill acquisition programmes and award Certificates and Diplomas;

(e) demand from any student or any other person attending the Institute for the purposes of instructions, training and research, such fees as the Institute may determine;

(f) exercise disciplinary control over the students for acts of misconduct as may be prescribed in the Institute’s Students’ Handbook;

(g) acquire, hold, charge or otherwise deal with or dispose of movable and immovable property;

(h) accept gifts, legacies and donations, provided the terms and conditions attached are not in violation of any of the laws of the Federal Republic of Nigeria and the purpose and objectives of the Institute;

(i) enter into contracts, establish trusts, act as trustees solely or jointly with any other person and employ and act through agents;

(j) erect, provide, equip and maintain libraries, lecture halls or residences, sports grounds, dining halls and other buildings suitable for the objectives of the Institute;

(k) make gifts for any charitable purposes and make donations to professional bodies; and

(l) do all such other things which are incidental to the powers of the Institute.

Establishment of Governing Board of the Institute

(1) There is established for the Institute a Governing Board (in this Act referred to as “the Board”

(2) The Board consists of—

(a) a Chairman, who is the Minister responsible for mines;

(b) a representative of the—

(i) Ministry responsible for mines,

(ii) Mining and Quarrying Industry,

(iii) Cement Manufacturing Industry,

(iv) Nigerian Mining and Geosciences Society, and

(v) Nigerian Society of Mining Engineers;

(c) Director of Mines Inspectorate of the Ministry responsible for mines;

(d) Director-General, Nigerian Geological Survey Agency;

(e) Registrar, Council of Nigerian Mining Engineers and Geoscientists; and

(f) the Director-General of the Institute.

(3) There shall be a Legal Adviser of the Institute who shall serve as Secretary to the Board.

(4) The members of the Board, who are not ex-officio members are appointed by the President on the recommendation of the Minister.

schedule

(5) The supplementary provisions set out in the Schedule to this Act shall have effect with respect to the proceedings of the Board and other relevant matters contained in it.

Remuneration of members of the Board

(1) The members of the Board are paid such emoluments as may be specified in their letters of appointment.

(2) The allowances payable to members of the Board shall be in accordance with such rates as may be specified and approved by the Federal Government.

Removal from office of a member of the Board.

A member of the Board may be removed from office by the President where the member—

(a) is unable to perform the functions of his office as a result of infirmity of the body or mind;

(b) has committed gross misconduct;

(c) makes a compromise with his or creditors or is declared bankrupt.

(d) is insane or of unsound mind;

(e) is convicted of criminal offence; or

(f) is against national interest and the interest of the institute.

PART II—FUNCTIONS AND POWERS OF THE BOARD

Functions of the Board

The Board shall—

(a) subject to the provisions of this Act, be the governing body of the Institute and is charged with the general control and superintendence of the policy, finance and property of the Institute;

(b) ensure that the Institute is staffed by persons with requisite competencies;

(c) ensure that proper accounts of the Institute are kept and that those accounts are audited annually as specified in this Act; and

(d) present annual report on the activities of the Institute and audited accounts of the Institute to the Minister.

Establishment of committees.

The Board may, subject to its standing orders, establish such standing or ad hoc committees, as it may deem fit, to consider and report on any matter with which the Institute is concerned.

PART III—STAFF OF THE INSTITUTE

Appointment of management staff of the Institute.

(1) The Management Staff of the Institute of the Institute are—

(a) Director0General and Chief Executive Officer;

(b) Director of training and Research;

(c) Director of Finance and Administration; and

(e) Legal Adviser.

(2) The Management Staff of the Institute, other than the Director-General, shall be appointed by the Board.

Appointment of Director-General of the Institute.

(1) The President shall on the recommendation of the Minister, appoint a Director-General for the Institute.

(2) The Director-General shall—

(a) be a holder of at least a Masters Degree in Mining or Mineral Processing Engineering or Geosciences;

(b) have 25 years post qualification experience, 10 of which shall be working experience in the mining, quarrying or mineral exploration industry; and

(c) be a registered member of the Council of Mining Engineers and Geoscientists of Nigeria.

(3) The Director-General is the Chief Academic, Administrative and Accounting officer of the Institute and is responsible for the day-to-day administration of the Institute.

(4) The Director-General shall hold office for four years which may be renewed for a final term of four years.

(5) Subject to the provisions of this section, the Director-General shall hold office on such terms as to emoluments and other conditions as may be specified in his letter of appointment.

Qualifications of Directors and Legal Adviser.

(1) The Director, Training and Research shall—

(a) be a holder of at least a Masters Degree in Mining or Mineral Processing Engineering or Geosciences;

(b) be registered with the Council of Mining Engineers and Geoscientists of Nigeria; and

(c) have 20 years post qualification experience in the mining quarrying or mineral exploration industry.

(2) The Director, Skills Acquisition and Development shall—

(a) be the holder of at least a Bachelor of Science Degree or Higher National Diploma in Mining or Mineral Processing Engineering or Geosciences;

(b) be registered with the Council of Mining Engineers and Geoscientists; and

(c) have 15 years post qualification experience with at least 10 years working experience in the mining, quarrying or mineral exploration industry.

(3) The Director, Finance and Administration shall –

(a) be the holder of at least a Bachelor of Science or Higher National Diploma in Accounting or Business Administration;

(b) have 15 years post qualification experience in the bursary of a financial Industry, five of which years shall be at managerial level.

(4) The Legal Adviser shall be a legal practitioner with at least 10 years post qualification experience in legal practice who has attained the rank not below that of a Director.

Appointment of other staff of the Institute.

(1) The Board may appoint for the Institute such other staff as it may deem necessary to assist the Director-General in the performance of his functions under this Act.

(2) Without prejudice to subsection (1), the Board may appoint persons or employees of the Institute either by way of transfer or secondment in accordance with the Public Service Rules.

Conditions of Service of staff of the Institute.

The remuneration, tenure and conditions of service of employees of the Institute shall be as those applicable to staff of Research Institutes.

Removal from the office of the Director-General and membership of the Board

The Director-General and other members of the Board may be removed from office by the President on the recommendation of the Minister—

(a) for inability to perform the functions of his office due to bodily or mental incapacity;

(b) on the grounds of gross misconduct;

(c) where he makes a compromise with his creditors or is declared bankrupt;

(e) where he is convicted of a criminal offence.

Discipline of senior staff.

16.(1) Where it appears to the Board that there are reasons to remove a member of the senior staff of the Institute, other than the Director-General, on grounds of gross misconduct or inability to perform the functions of his office, the Board, through its appropriate committee, shall –

(a) give notice of these reasons to the person concerned; and

(b) afford the person an opportunity to make representation on the matter to the Board or appear before the Investigation Committee of the Board.

(2) Where the Board, after considering the report of the Investigation Committee, is satisfied that the person in question should be removed, the Board may remove the person concerned by an instrument in writing signed by the Chairman of the Board.

(3) The Director-General may, where in case of misconduct by a member of staff which in the opinion of the Director-General is prejudicial to the interest of the Institute, suspend that member and report the suspension to the Board.

(4) For a good cause, an employee may be suspended from office or his appointment may be terminated by the Board, and for the purpose of this subsection, “good cause” means—

(a) physical or mental incapacity, which the Board, after obtaining medical advice, considers to be such as to render the person concerned unfit for the performance of the functions of his office;

(b) conduct of a scandalous or other disgraceful nature which the Board considers to be such as to render the person unfit to continue to hold his office; or

(c) conduct which the Board considers to e such as to constitute a failure or inability of the person concerned to perform the functions of is office or to comply with the terms and conditions of his service.

(5) A person suspended under subsection (3) or (4) shall be placed on half salary and the Board shall, before the expiration of a period of six Months after the suspension, decide on whether to –

(a) continue with that person’s suspension;

(b) reinstate that person to his office, in which case the Board shall restore his full emoluments to him with effect from the date of the suspension;

(c) terminate that person’s appointment, in which case the person is not entitled to the proportion of his emoluments which might have been withheld during the period of suspension or as the Board may determine; or

(d) take such lesser disciplinary action against that person (including the restoration of the proportion of his emoluments which might have been withheld) as the Board may determine.

(6) Where the Board, pursuant to this section, decided to continue a person’s suspension or decides to take further disciplinary action against a person, the Board shall, before the expiration of a period of six months from that decision, come to a final determination in respect of the case concerning that person.

(7) The person who signed the instrument of removal by virtue of subsection (2) shall serve or cause to be served on the person concerned a copy of the instrument.

(8) Nothing inn this section prevents the Board from making such regulations for the discipline of other categories of employees and workers of the Institute as it may deem fit.

Discipline of junior staff.

17.(1) Where a junior member of staff is accused of misconduct or inefficiency, the Director-General may suspend him for not more than three months and shall further refer the matter to the Junior Staff Disciplinary Committee to—

(a) consider the case; and

(b) make recommendation as to the appropriate action to be taken by the Director-General.

(2) In all cases under this section, the junior member of staff shall be informed in writing of the charges against him and be given reasonable opportunity to defend himself.

(3) The Director-General may, considering recommendation made pursuant to subsection (1) (b), downgrade, retire or dismiss the junior officer or terminate his appointment.

(4) A person aggrieved or not satisfied by a decision of the Director General under sub-section (3) may, within a period of 21 days of the receipt of the letter communicating the decision to him, appeal to the Board to reconsider his case and the Board’s decision on that matter is final.

Service in the Institute to be pensionable.

18.(1) Service in the Institute is approved service for the purpose of the Pension Reform Act, and officers and other persons employed in the Institute are, in respect of their service in the Institute, entitled to pensions and other retirement benefits as are enjoyed by persons holding equivalent grades in the Public Service of the Federation.

(2) Nothing in this Act prevents the appointment of a person to any office on terms which preclude the grant of a pension in respect of that office.

PART IV – ACADEMIC BOARD OF THE INSTITUTE

Establishment of the Academic Board of the Institute.

(1) There is established for the Institute an Academic Board which shall consist of –

(a) the Director-General of the Institute as Chairman;

(b) the Director of Training and Research Department;

(c) the Director of Skills Acquisition and Development Department;

(d) the Head of Library Service Division; and

(e) the Legal Adviser of the Institute who shall be the Secretary of the Academic Board.

(2) The Director-General shall preside at all meetings of the Academic Board and, in his absence, the most senior academic Director shall preside at the meeting, but in their absence, the members present at the meeting shall elect one of them to preside.

(3) The Academic Board shall meet at least once in a semester.

(4) Subject to subsections (2) and (3), the Academic Board shall regulate its own proceedings.

Functions of the Academic Board.

The Academic Board shall formulate, regulate and continually evaluate the academic programmes of the Institute, including—

(a) approval of courses of study and examinations held in connection with those courses;

(b) the award of diplomas, certificates and such other qualifications as may be prescribed in connection with examinations held; and

(c) such other functions as the Governing Board may assign to it.

Academic Departments of the Institute.

The Academic Departments of the Institute are—

(a) Department of Training and Research comprising Geosciences, Mining and Mineral Processing Divisions;

(b) Department of Skills Acquisition and Development comprising Mineral Beneficiation Mill, Lapidary, Museum and Mineral Analyses Laboratory; and

(c) other Departments and Divisions of other specialty as may be prescribed by the Board to meet the academic demands of the Institute.

(2) Each Department shall have a Departmental Committee and all academic staff in a Department shall be members of the Departmental Committee.

(3) Each Departmental Committee may discharge its duties in accordance with such standing orders that may be made by the Academic Board for that purpose as it deems fit.

(4) Each Departmental Committee shall be reconstituted as a Committee of Examiners for the sole purpose of conducting examinations under this section and thereafter make its recommendations to the Academic Board.

Candidates for examination.

A candidate for any examination shall satisfy that he—

(a) is a registered student of the Institute;

(b) possesses and holds a certificate that qualified him for admission to the Institute; and

(c) has met the minimum requirements as set out by the Academic Board.

Award of Diplomas and Certificates.

The Institute shall award diplomas and certificates to students of good character and learning and who have passed the examinations prescribed by the Academic Board for the award of same.

PART V—FINANCIAL PROVISIONS

Fund of the Institute.

(1) The Institute shall establish and maintain a fund (in this Act referred to as “the Fund”) from which shall be defrayed all expenditure incurred by the Institute.

(2) There shall be paid and credited to the Fund—

(a) such money as may e lent or granted to the Institute by the Government of the Federation or of a State or any of their agencies;

(b) all money raised for the purposes of the Institute by way of gifts, grants-in-aid testamentary disposition;

(c) all subscriptions or fees, and charges for services rendered by the Institute;

(d) all interests received in respect of money invested by the Institute;

(e) all other assets accruing to the Institute; and

(f) budgetary allocations of the Federal Government.

(3) The Fund shall be managed in accordance with the Financial Regulations of the Federal Government.

Expenditure of the Institute.

(1) The Institute may apply its funds –

(a) to the cost of administration of the Institute and of any research under the Institute’s administration;

(b) for reimbursing a member of any Committee set up by the Institute for expenses expressly authorised by the Institute;

(c) for the provision of scholarships and other awards for the training of staff of the Institute;

(d) for payment of salaries, fees or other remuneration, allowances, pensions, superannuation payable to the employees of the Institute;

(e) for the maintenance of any property vested in the Institute; and

(f) for, and in connection with, any of the functions of the Institute under this Act.

Except as provided in subsection (1), no other remuneration shall be paid to any member of any Committee set up by the Institute under this Act.

Power to accept gifts.

26.(1) The Institute may accept gifts of land, money or other property, on such terms and conditions, as may be specified by the person or organisation making the gift.

(2) The Institute shall not accept a gift if the conditions attached by the person or organisation making are inconsistent with the objectives or functions of the Institute.

Power to borrow.

27.(1) The Institute may, with the consent of the Minister or in accordance with the general authority given by the Federal Government, borrow by way of loan or overdraft, from any source any money required by the Institute for meeting its obligations and performing its functions under this Act.

(2) The sum or the aggregate of the sums involved or required at any time shall not exceed the limit set by the Minister, in which case no such consent or authority shall be required.

(3) Notwithstanding subsection (1), where the sum to be borrowed is in foreign currency, the Institute shall not borrow the sum without the prior approval of the Minister.

Annual estimates, accounts and audit.

28.(1) The Board shall cause to be prepared, not later than 30th September in each year, an estimate of the expenditure and income of the Institute during the next succeeding year, and submit to the Minister.

(2) The Institute shall keep proper accounts and proper records in relation to transactions approved or certified by the Board and the accounts shall be audited as provided in subsection (3).

(3) The accounts of the Institute shall be audited within six months after the end of each year by auditors appointed by the Board from the list and in accordance with guidelines supplied by the Auditor General for the Federation and the fees of the auditors and the expenses of the auditors generally shall be paid from the Fund of the Institute.

Annual report.

The Board shall, not later than 31^st July in each year, submit to the Minister, a report in such form as the Minister may direct on the activities of the Institute during the preceding year, and shall include in the report the audited accounts of the Institute.

PART VI—DISCOVERIES, INVENTIONS AND INNOVATIONS BY THE INSTITUTE

Discoveries, inventions and innovations by the Institute.

30.(1) Subject to the provisions of this Act, the results in all researched discoveries, inventions and in all innovations in respect of processes, apparatus and machines made by—

(a) employees of the Institute, and

(b) persons assisting the Institute with any investigation or research, shall vest in the Institute.

(2) The Board may make the discoveries, inventions, innovations and the rights referred to in subsection (1), which are vested in the Institute, available to the public for use, subject to such conditions and payment of such fees or royalties as the Board may determine.

(3) Where the right in any discovery, invention or innovation are vested in the Institute by virtue of subsection (1), the Board may award to the person responsible for the discovery, invention or improvement such bonus as it deems fit and make provisions for financial participation by him in the profits derived from such discovery, invention or improvement to such extent as the Board may determine.

(4) The provisions of this section shall not apply in respect of a discovery or an invention or innovation under subsection (1), where, in the opinion of the Board, such discovery, invention or improvement was not made by the person—

(a) in the course of his employment as an employee of the Institute;

(b) during the performance of functions in respect of which he has been place at the disposal of the Institute;

(c) in the course of any investigation or research in which he assisted the Institute; or

(d) in the course of any research in respect of which he receives a bursary or grant-in-aid from the Institute.

PART VII-MISCESSANEOUS PROVISIONS

Office and premises.

31.(1) For the purpose of providing offices and premises necessary for the performance of its functions, the Institute may, subject to the Minister’s approval—

(a) purchase or take on lease any interest in land, building or property; and

(b) build, equip and maintain offices and premises.

(2) The Institute may, subject to the approval of the Minister, sell or lease out land, office or premises held by it, which it may no longer require for the performance of its functions under this Act.

Procedure in respect of suit against the Institute.

32.(1) A person shall not commence a legal proceeding against the Institute, a member of the Board or any employee of the Institute for any act done in pursuance or execution of any law or of any public duty or in respect of any alleged neglect or default in the execution of such law or duties in any court unless it is commenced within 12 months next after the act, neglect or default complained of or, in the case of a continuance of damage or injury, within three months next after damage or injury ceases.

(2) A person shall not commence a legal proceeding against the Institute before the expiration of a period of one month after written notice of intention to commence the suit shall have been served upon the Institute by the intending plaintiff or his agent, and the notice shall clearly state—

(a) the cause of action;

(b) the particulars of the claim;

(c) the name and place of abode of the intending plaintiff; and

(d) the relief which he claims.

Savings.

33.(1) Any person holding appointment in the Institute immediately before the commencement of this Act is deemed to hold the appointment in the Institute under this Act.

(2) Any right, duty or obligating of the Institute existing immediately before the commencement of this Act is deemed to be the right, duty or obligation of the Institute under this Act.

(3) A person who was a student of the Institute immediately before the commencement of this Act is deemed to be a student of the Institute under this Act.

Interpretation.

In this Act—

“Academic Board” means the Academic Board established under section 19 (1) of this Act;

“Board” means the Governing Board of the Institute established under section 4 (1);

“Chairman” means the Chairman of the Board of the Institute appointed under section 4 (2) (a);

“Director-General” means the Director-General of the Institute appointed under section 11(1);

“Institute” means the Nigerian Institute of Mining and Geosciences established under section 1 (1);

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

“Minister” means the Minister responsible for mining;

“President” Means the President of the Federal Republic of Nigeria, and

“management staff” means the Management Staff of the Institute appointed under section 10(1) of this Act.

Citation.

This Act may be cited as the Nigerian Institute of Mining and Geosciences, Jos (Establishement) Act, 2018.

SCHEDULE

Section 4 (5)

SUPPLEMENTARY PROVISIONS RELATING TO THE BOARD

Subject to the provisions of this Act and section 27 of the Interpretation Act, the Board may regulate its proceedings and make standing orders with respect to the holding of its meetings and those of any of its committees, the notices to be given, the proceedings, the keeping of minutes of those proceedings and the custody and production for inspection of the minutes.
The quorum of the ‘Board is five and the quorum of a committee of the Noard is determined by the Board.

3.(1) Subject to the provisions of any applicable standing order, the Board shall meet whenever it is summoned by the Chairman and where the Chairman is required to do so by notice given to him by at least six other members, he shall summon a meeting of the Board to be held within 21 days from the date on which the notice is given;

(2) At any meeting of the Board, the Chairman shall preside but where he is absent, the members present at the meeting shall appoint one of them to preside at that meeting;

(3) Where the Board wishes to obtain the advice of any person on a particular matter, the Board may co-opt him as a member for such period as it deems fit, but a person who is a member by virtue of this subparagraph is not entitled to vote at any meeting of the Board and does not count towards a quorum;

(4) The Director-General shall summon another Board meeting where the Chairman is indisposed and the scheduled meeting of the Board does not hold, four weeks after the due date of the meeting.

Committees

The Board may set up one or more committees to perform, on its behalf, such functions as the Board may deem fit.

A Committee set up under paragraph 4 shall comprise such number of persons (not necessarily members of the Board) as may be determined by the Board, and a person other than a member of the Board shall hold office on the Committee in accordance with the terms of his appointment.

A decision of a Committee of the Board is of no effect until it is confirmed by the Board.

Miscellaneous

(1) The fixing of the seal of the Institute is authenticated by the signature of the Director-General and Legal Adviser.

(2) Any document purporting to be a document duly executed under the seal of the Institute shall be received in evidence and shall (except the contrary is proved) be presumed to be so executed.

A member of the Board or a person holding office on a Committee of the Board who has a personal interest in any contract or arrangement entered into or proposed to be considered by the Board or Committee shall –

(a) disclose his interest to the Board or Committee and the disclosure shall be made before the meetings; and

(b) not vote on any question relating to the contract or arrangement.