COMMUNITY DEVELOPMENT ASSOCIATIONS LAW

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LIST OF LAWS OF LAGOS, [ALPHABETICAL]  
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COMMUNITY DEVELOPMENT ASSOCIATIONS LAW

ARRANGEMENT OF SECTIONS

1.     Right to form a Community Development Association

2.     Community Development Associations which may be registered

3.     Registration of existing CDAs

4.     Establishment and function of the Community Development Committee

5.     Membership of CDC

6.     Establishment of the Community Development Advisory Council

7.     Membership of CDAC

8.     Procedure for registration of CDAs

9.     Registration

10.    Fund and assets of the CDA

11.    Financial statements

12.    Duty of Local Government Area

13.    Duty of the Ministry

14.    Power to make regulations

15.    Interpretation

16.    Citation and commencement

SCHEDULE

COMMUNITY DEVELOPMENT ASSOCIATIONS LAW

A LAW TO PROVIDE FOR THE REGISTRATION OF COMMUNITY DEVELOPMENT ASSOCIATIONS IN LAGOS STATE AND FOR CONNECTED PURPOSES

[Commencement]                               [18th February 2008]

THE LAGOS STATE HOUSE OF ASSEMBLY enacts as follows:

1.      Right to form a Community Development Association

(1)    As from the commencement of this Law, voluntary residents of any community in the State may form and register all Community Development Associations (referred to as “CDA”) by complying with the requirements of this Law in respect of registration of such an association. (2)     For the purpose of this Law, a corporate organisation located or operating in a community shall be regarded as may be a resident and therefore a member of a CDA.

2.      Community Development Associations which may be registered

No CDA shall be registered unless it—

(a)    is formed by not less than twenty (20) voluntary members of a community;

(b)    is formed for the promotion and development of the community;

(c)    pays the prescribed fee for registration; and

(d)    meets all other requirements as may be prescribed by the Ministry.

3.      Registration of existing CDAs

Every CDA operating in the State before the commencement of this Law shall within the period to be prescribed by the Ministry, after the commencement of this Law register as prescribed by Section 8 of this Law.

4.      Establishment and Function of the Community Development Committee

(a)    There shall be established in every Local Government Area in Lagos State a Community Development Committee (hereinafter referred to as CDC).

(b)    The sole function of the CDC shall be to advise the Local Government on the operations of CDA in the Local Government, in accordance with guidelines prescribed by the Ministry.

5.      Membership of CDC

The membership of the CDC shall be—

(a)    the Chairman, Secretary and Treasurer of every CDA registered in the Local Government Area;

(b)    an officer representing the Local Government Area to be appointed by the Chairman of the Local Government;

(c)    an officer representing the Ministry of Rural Development to be appointed by the Commissioner; and

(d)    One person representing the public interest to be appointed by the Governor, on the recommendation of the Commissioner.

6.      Establishment of the Community Development Advisory Council

(1)    There is established in Lagos State a Community Development Advisory Council (hereinafter referred to as CDAC).

(2)    The sole function of the CDAC is to advise the State Government on matters relating to rural development in the State.

7.      Membership of CDAC

The membership of the CDAC shall be-

(a)    the Chairman and Secretary of every CDC in the State;

(b)    an officer representing the Ministry of Rural Development to be appointed by the Commissioner; and

(c)    two persons representing the public interest to be appointed by the Governor on the recommendation of the Commissioner.

8.      Procedure for registration of CDAs

Every CDA shall submit an application to the Local Government Area where it is located.

(1)    The application for registration shall be in the format prescribed by the Ministry and accompanied by a constitution of the CDA in the form and content prescribed in the Schedule to this Law.

(2)    No Local Government shall charge a fee above that prescribed by the Ministry for the registration of a CDA.

9.      Registration

(1)    The Local Government shall register all CDAs unless in its opinion that-

(a)    the application is not in compliance with the provision of this Law or the regulations prescribed by the Commissioner; and

(b)    the objectives and functions of the CDA are not in accordance with the provisions of this Law or for the development of the Community;

(2)    The Local Government shall, if satisfied with the application, issue a Certificate of Registration in a format prescribed by the Ministry.

(3)    The Certificate shall be prima facie evidence that all the requirements of this Law have been complied with, and that the CDA is authorised to operate in the community within the Local Government Area.

(4)    As from the date of registration the CDA shall be capable of exercising the powers and functions of an association, including power to raise funds, own property and execute community projects in accordance with this or any other existing Law.

10.    Fund and Assets of the CDA

(1)    A CDA may raise funds for its purposes from-

(a)    Dues and subscriptions of members;

(b)    Levies for special community projects;

(c)    Revenue from community economic projects or assets;

(d)    Voluntary contributions of its members and other philanthropists;

(e)    Contributions of corporate organisations within or outside the community;

(f)     Grants from the Federal, State or the Local Government Area; and

(g)    any other persons or agency.

(2)    A CDA may accept gifts of land, money or other property on such terms and conditions, if any, as may be specified by the person or organisation making the gift.

(3)    No CDA shall accept a gift from any source if the conditions attached to the gift are inconsistent with the objectives of the CDA and this Law.

11.    Financial Statements

(1)    Every CDA shall-

(a)    operate and maintain an account in any bank of its choice in which the funds of the CDA are kept; and

(b)    keep a record of all funds received and an inventory of all the assets of the CDA.

12. Duty of Local Government Area

It shall be the duty of the Local Government to-

(a)    support selected community development projects of CDAs registered under it;

(b)    fund the meetings and operations of its CDC;

(c)    organise elections into the Executive of its CDC;

(d)    keep a register of all CDAs registered under it;

(e)    submit to the Ministry, a collation of reports on the operation and community projects of CDAs in the Local Government Area, and such other returns as the Ministry may require from time to time on the operation of CDAs and its CDC; and

(f)     ensure that the CDC complies with guidelines for the operation of CDC as may be prescribed by the Ministry.

13.    Duty of the Ministry

It shall be the duty of the Ministry to-

(a)    collate records of all community development projects from the returns made by the Local Government Areas;

(b)    recommend to Government some selected community development;

(c)    projects of CDAs to be supported in each fiscal year;

(d)    fund the meetings and operations of the CDAC;

(e)    organise elections into the Executive of the CDAC;

(f)     keep a register of all CDCs in the State;

(g)    organise an Annual Conference of CDAs in Lagos State to showcase model community development projects; and

(h)    ensure that the CDAC complies with guidelines as may be prescribed by the Ministry.

14.    Power to make Regulations

The Commissioner may make such regulations as may be necessary for the purpose of implementing this Law; subject to the approval of the Lagos State House of Assembly.

15. Interpretation

In this Law, unless the context otherwise requires—

“Commissioner” means the Commissioner charged with the responsibility for rural development;

“Community” means any group of persons with a common point of reference by geographical location within any part of Lagos State;

“Ministry” means the Ministry of Rural Development.

16. Citation and Commencement

This Law may be cited as the Community Development Associations Law 2008 and shall come into force on 18th day of February 2008.

SCHEDULE

FORM CONTENT OF CONSTITUTION

Preamble

The Constitution of a CDA shall be prepared by its members, but it shall contain in the minimum the following provisions and it shall not be at variance with this Schedule nor the provisions of the Law.

1.      Name of CDA

The name of the CDA.

2. Functions and Objectives

The objectives and functions of the CDA shall include to-

(a)    promote self-help efforts within the community;

(b)    raise funds for the implementation of community projects and activities;

(c)    initiate, execute and monitor community development projects;

(d)    create awareness about and mobilise residents on their civic duties and community development generally;

(e)    ensure peace and security within the community by collaborating with security agencies and government;

(f)     monitor and maintain social infrastructure provided by government for the benefit of the community;

(g)    promote and encourage compliance with government policies and programmes on community development generally;

(h)    collaborate with public and private agencies and non-governmental organisation for the promotion of community development ideals and goals; and

(i)     perform such other functions and activities as may be recommended by the Ministry through the Local Government.

3.      Composition of the Executive Council

The Executive Council of a CDA, CDC and CDAC shall comprise the following officers-

(i)     Chairman;

(ii)    1st Vice-Chairman;

(iii)    2nd Vice-Chairman;

(iv)   Secretary;

(v)    Assistant Secretary;

(vi)   Treasurer;

(vii)   Financial Secretary;

(viii) Auditor;

(ix)   Social Secretary;

(x)    Welfare Officer;

(xi)   Public Relations Officer;

(xii)   Three (3) Ex-officio members;

4. Tenure of the Executive Council

(1)    Members of the Executive Council shall hold office for two years subject to re-election for a further term of two years.

(2)    A person shall cease to be a member of the Executive Council if the person-

(a)    resigns from the office;

(b)    ceases to be a member of the CDA, CDC or CDAC;

(c)    becomes insane;

(d)    is officially declared bankrupt;

(e)    is convicted of a criminal offence involving dishonesty by a Court of competent jurisdiction; and

(f)     is recommended for removal from office by any officer of the Executive Council, and a motion for removal is passed by two-thirds majority vote of members present at any meeting of the Executive Council of the CDA, CDC or CDAC.

5.      Functions of the Executive Council

(1)    The Executive Council shall be responsible for the day-to-day activities of the CDA, CDC or CDAC as the case      may be.

(2)    The Executive Council shall be subject to the supervision and control of the members at general meetings, and it may constitute sub-committees from time to time to facilitate the carrying out of its functions.

(3)    The duties of the officers of the Council shall be:

(i)     Chairman to-

(a)    preside over all meetings of the Executive Committee and the general meeting;

(b)    countersign all important documents;

(c)    be a signatory to the Committee’s Bank Account;

(d)    initiate policies and ensure proper planning, co-ordination and execution of the Committee’s project; and

(e)    represent the Committee at the State Community Development Advisory Council (C.D.A.C) meetings and other activities.

(ii)    1st and 2nd Vice-Chairmen-

(a)    shall act in the absence of the Chairman and shall be entitled to all the rights and privileges of the Office of the Chairman during his acting capacity; and

(b)    in the absence of the Chairman, the Vice-Chairman shall be the authorising officer.

(iii)    General Secretary shall-

(a)    be responsible for all activities of the Secretariat and shall assist the Chairman in the initiation, or formulation of policies and project proposals including the execution of projects;

(b)    liaise regularly with the appropriate office for Community Development at the Local Government level; and

(c)    represent the Committee at the State Community Development Advisory Council (C.D.A.C) meetings and activities.

(iv)   Assistant Secretary- shall assist the General Secretary in the day-to-day activities of the Secretariat and carry out other functions as may be assigned to him by the Chairman, the General Secretary of the Executive Committee in the absence of the Secretary, the Assistant Secretary shall act.

(v)    Treasurer shall-

(a)    pay all funds received into the approved Bank of the Committee;

(b)    collect all monies received by the Financial Secretary and issue receipt to the latter accordingly;

(c)    in conjunction with the HOD and Chairman operate an account in the name of the Committee;

(d)    keep correct and accurate records of Accounts of the Committee; and

(e)    keep an imprest account approved by the Committee.

(vi)   Financial Secretary shall-

(a)    collect all funds or levies from members and pay directly to the Treasurer; and

(b)    keep accurate records of income and issue receipts accordingly, and keep copies of such receipts.

(vii)   Auditor-

(a)    shall be responsible for the Auditing of the Committee’s Account at least once a year, or as may be directed by the General Meeting;

(b)    shall prepare, submit and read Annual Report to the Annual General Meeting;

(c)    the General Meeting may employ an external auditor, if necessary; and

(d)    the HOD may request for the Auditor’s Report at any time.

(viii)  Social Secretary- shall be responsible for all social engagements of the Committee as approved by the Executive Committee.

(ix)   Welfare Officer- shall oversee the welfare of the Association members as a whole.

6.      Vacancy

Upon a vacancy occurring in the minimum number of officers as provided in the Constitution, a meeting of the CDA, CDC or CDAC will be held to elect another eligible member to serve out the term created by the vacancy.

7.      Quorum at Executive Council Meetings

The quorum at the meetings of the Executive Council shall be one-third of the members of the Council personally present.

8. Amendment the Constitution

Any provision of the Constitution may be altered, repealed or amended by a resolution passed by two-thirds majority of the members of the CDA present at a special meeting convened for that purpose; and of which notice has been served on every member at his or her last known address in Nigeria. However, alteration or amendment to the Constitution shall remain ineffective until sanctioned by the respective Local Government in accordance with the format prescribed by the Ministry.

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