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NASARAWA AGRICULTURAL DEVELOPMENT PROGRAMME LAW
NASARAWA STATE OF NIGERIA
EDICT NO………………………………..OF 1997
THE MILITARY ADMINISTRATOR OF NASARAWA STATE OF NIGERIA hereby makes the following Edict:-
Title and commencement
“Chairman” means the Chairman of the Executive Committee;
“Executive Committee” means the Agricultural Development Programme Executive Committee established under Section 4 of this Edict;
“the Government” means the Government of the State.
“Member” means the member of the Executive Committee and includes the Chairman or their representatives at a meeting;
“Military Administrator” means the Military Administrator of the State;
“Programme” means Nasarawa Agricultural Development Programme established under Section 3 of this Edict;
“State” means the Nasarawa State of Nigeria.
PART II – ESTABLISHMENT, FUNCTION, CONSTITUTION AND POWERS OF THE PROGRAMME
Establishment of the Programme
Constitution of the Programme
(a) the Commissioner of Ministry of Agriculture, Water Resources and Rural Development as the Chairman;
(b) the Commissioner of Local Government and Community Development;
(c) the Commissioner of Finance and Economic Planning;
(d) the Commissioner of Works, Housing and Transport;
(e) the Commissioner of Commerce and Industries;
(f) the Secretary to the State Government;
(g) the Director of the Federal Department of Agriculture and Rural Development;
(h) the Head of Federal Agricultural Co-ordinating Unit;
(i) the General Manager of Lower Benue River Basin and Rural Development Authority; and
(j) Programme Manager as the Secretary.
(2) The functions of the Committee established under this Section shall be:
(a) to deal with policy, financial and co-ordinating matters relating to the Programme;
(b) to approve the annual budget and work plans;
(c) to ensure adequate arrangements and funding to the Programme; and
(d) to approve of appointments, promotion and disciplinary measure of senior staff and, of award of contracts estimated to cost more than five hundred thousand naira.
Establishment of management unit
(a) the Programme Manager as the Head of the Unit;
(b) the Director of Finance and Supplies;
(c) the Director of Extension;
(d) the Director of Commercial Services;
(e) the Director of Planning, Monitoring and Evaluation;
(f) the Director of Engineering Services;
(g) the Zonal Programme Managers; and
(i) the Director, Personnel and Human Resources Development as the Secretary.
(2) The Management unit established under this Section shall be primarily concerned with the execution of the Programme activities in particular:-
Further provision with respect to the Executive Committee
Power to give directions
Objective and functions
(2) The functions of the Programme shall be:
Funds and resources of the programme
(a) such monies as may from time to time be lent or granted to the programme by the Government of the State;
(b) such monies as may from time to time be lent or granted to the Programme by the federal Government of Nigeria;
(c) such monies or other property whatsoever as may from time to time be advanced by way of donations or gifts to the Programme directly or otherwise by any local authority, local government or statutory body in the State, any other government in Nigeria or any agency or institution of such Government, any international organization or any person whatsoever;
(d) all property and investments acquired by or vested in the programme, including all monies paid in respect of the purchase of stock and stores of the Programme and monies earned arising there from;
(e) all monies (whether fees, rates or charges or otherwise) or other property whatsoever which may in any manner become payable to or be vested in the Programme in respect of its powers and duties or of any matter incidental to its powers and duties or of any matter incidental thereto under this Edict or by virtue of the provisions of any law;
(f) any property which may from time to time received by the Programme or falling due to it;
(g) such monies as may from time to time be lent or granted to the Programme by any person.
(2) The Programme shall apply such funds as provided in subsection (1) of this section in accordance with this Edict and with the terms or conditions upon which such monies may be obtained, given or derived or upon such conditions as may be attached to its appropriation.
Borrowing powers of the Programme
(2) There may be attached to any consent to borrow under subsection (1) a condition that such money shall be utilized for a specific purpose or purposes.
(3) A person lending money to the Programme shall not be bound to enquire whether the borrowing of money is within the power of the Programme;
Guarantee of borrowing by Government
(2) As soon as practicable, after entering into any guarantee of the borrowing by the Programme, the State Commissioner for Finance shall lay a statement before the Executive Council of the State setting out the particulars of such guarantee, provided that no failure by the State Commissioner for Finance to lay such statement before the State Executive Council shall in any way invalidate a guarantee made under subsection (1).
Application of sums received by the Government
Power to invest
Expenditure of Programme funds
(2) The Programme may incur expenditure necessary for or incidental to the carrying out of any functions or power conferred upon it under this Edict.
(2) The said annual statement of accounts shall be audited by an auditor or auditors to be appointed annually by the Executive Committee from a list of qualified Auditors provided by the Auditor General of the State, and the Programme shall pay to the auditor or auditors such remuneration as may be fixed by the Executive Committee as per guidelines from the Auditor General.
(3) As soon as the accounts of the programme have been audited as provided by subsection (1) above and approved by the Executive Committee, the Programme shall send to the Military Administrator and the Auditor General, a copy of the income and expenditure account and the balance sheet together with the report of the auditor or auditors on the activities of the programme and the Programme’s response thereto.
Annual report and estimate
(2) Every annual report made by the programme under subsection (1) above, shall contain particulars of all directions given under this Edict by the Military Administrator to the Programme during each financial year.
(3) The Military Administrator shall lay a copy of every such annual report, statement of accounts and auditors’ report before the Executive Council of the State.
Special provision for external loans
PART V – POWERS IN RELATION TO LAND
Preliminary investigation required by the programme
(a) (i) Survey the land;
(ii) dig or bore under the subsoil;
(iii) do all other acts necessary to ascertain whether the land is suitable for such purposes;
(b) Clear; mark and set out the boundaries of the land in respect of which it is proposed to make an application under subsection (1) of Section 28 below: Provided that no such agent or workmen shall enter any building or upon any enclosed court or garden attached to dwelling house (except at least seven days notice of the intended entry has been given to the occupier);
(c) Construct, place, maintain, examine, repair, alter or remove any installations belong to the Programme or all such trees and under wood as may interfere or to be likely to interfere with the construction or proper working of any installations.
(2) Save as otherwise specially provided by Section 28, the Programme shall, when practicable, give notice to the occupier of any land on which it is intended to enter.
(3) For all or any of the purpose aforesaid, such officers, agent, workmen or other servants may remain on any such land for such reasonable time as may be necessary.
(4) Any installations placed across, over or under any road shall be placed so as not to interfere with the passage along such road, and the Programme shall make good any road opened or broken up for the purpose referred to in subsection (1).
(5) As soon as convenient may be, after an entry made upon subsection (1) above, the Programme shall pay compensation for any damage arising out of the exercise of any power conferred by that subsection.
(6) In the case of any dispute as to the amount of any compensation payable under this Section, the amount may be determined in accordance with the provisions of the Land Use Act, 1978 and existing policy directives.
Notice of intention to enter land
(2) If within thirty days after the service of such notice the occupier fails to lodge an objection with the programme in writing to the work specified in the notice, the Programme may proceed with that work.
(3) If the owner of any land or building across or on which an installation of fixture has been instructed or attached requires the position of such installation to be altered, the Programme may alter the position subject to such conditions as it may deem fit.
Compensation for damage
Compulsory acquisition of land
(2) Upon such declaration being made the land to which it relates shall be deemed to be required for public purposes within the State and within the meaning of the Land Use Act, 1978 and the Military Administrator may cause action to be taken under the Land Use Act, for acquiring the land for the Government.
(3) The compensation, if payable under the Land Use Act, 1978 for the acquisition of any land under this Section shall be paid by the programme.
PART VI – MISCELLANEOLUS
(2) The Programme Manager shall be the Chief Executive of the Programme and shall attend all the meetings of the Executive Committee and has the ultimate responsibility for carrying out the policies and decisions of the Programme in accordance with the provisions of this Edict.
Appointment of Heads of Departments to the Programme
Power to engage staff etc
(2) The Management Unit appointed under Section 5 of this Edict shall be charged with the responsibility of making appointments, promotions and disciplinary control over all the officers of the Programme, earning salary from grade level 01 to 08.
(3) The Programme, subject to directives from the Military Administrator, shall have power to grant pension, gratuities, or retiring allowances to its officers or servants and may require officers and servants to contribute to any pension contributory scheme.
Secondment, transfer and attachment of employees
Power to make regulations with respect to the appointment of its staff
(a) The qualifications to be required for any appointment;
(b) The method of appointment (including probation and confirmation);
(c) The form of any agreement to be entered into between the Programme and its employees;
(d) The terms and conditions of service including dismissal and termination of appointment of its employees;
(e) the procedure and requirements for promotion;
(f) the maintenance of discipline including dismissal and the termination of appointment;
(g) the transfer of employees between the Programme and the Government, the Government of any other State, Local Government or the Federal Government of Nigeria, or any other statutory body;
(h) such matters relating to departmental procedure and duties and responsibilities of employees as the programme considers can be best provided for by regulations.
Power to make rules relating to retirement benefits
(a) the pensions, gratuities and retirement allowances to be granted to pensionable employees of the Programme and their dependants;
(b) the gratuities and retirement allowances to be granted to non-pensionable employees of the Programme and their dependants;
(c) all matters ancillary to the matters mentioned in paragraphs (a) and (b) of this section.
Performance of function by officers etc.
Power to enter into contract
(2) Any contract or instrument which, if entered into or executed by a person not being a body corporate would not require to be under seal may be entered into or executed on behalf of the Programme by any person generally or specially authorized by Executive Committee for that purpose.
(3) Any document purporting to be a document duly executed or issued under the seal of the Programme shall, unless the contrary is proved, be deemed to be a document so executed or issued as the case may be.
Service of notice
Legal proceedings against the programme
Representation of the Project
(a) a legal practitioner or
(b) a servant of the project authorised in that behalf by the Programme Manager.
(2) In this section, “suit” includes any action or any civil proceedings commenced by a writ of summons or by such other manner as may be prescribed by rule or court, but does not include criminal proceedings.
Meeting and proceedings
(2) At a meeting of the Executive Committee:
(a) The Chairman shall, if present, be Chairman of the meeting;
(b) If and so long as the Chairman is not present or if the Office of the Chairman is vacant the members who are present shall choose one of their members to be the Chairman of the meeting.
(3) Every question at a meeting of the Executive Committee shall be determined by a majority of the votes of the members present and voting on the question, and in the case of any equal division of votes, the Chairman of the meeting shall have a second or casting vote.
(4) The Executive Committee shall meet notwithstanding one or more vacancies among its members.
(5) Any three members of the Executive Committee may by notice in writing signed by them request the Chairman to call a special meeting of the Executive Committee for the purposes set out in
Seal of the Project
(2) The common seal of the Programme shall be authenticated by the signature of the Chairman or some other members of the Executive Committee or one or more officers of the Programme authorized by the Executive Committee to act in that behalf, subject to such conditions as the Committee may deem fit.
(3) Judicial notice shall be taken of the common seal of the Programme and every document purporting to be an instrument made by the Programme and to be authenticated in accordance with Section 3(2) of this Schedule shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown.
Validation of acts and proceedings
(a) there is some defect in the appointment of any person purporting to be a member of the
Delegation of powers
DATED at Lafia this 10th day of December 1997
WING COMMANDER IBRAHIM ABDULLAHI
NASARAWA STATE OF NIGERIA
(This note does not form part of this Edict and has no legal effect).
The purpose of the Edict is to establish the Nasarawa Agricultural Development Programme with Executive Committee and Management Unit as the controlling organs of the Programme.
The Powers and duties of the Programme are spelt out in Part II.
Part III contains provisions enabling the Programme to borrow with the consent of the Military Administrator, money required in the exercise of its functions under this Edict.
Part IV provides for the keeping of the Programme’s accounts and audit.
Part V contain provision enabling the programme to acquire land for the purpose of carrying out its functions under this Edict.
Part VI vests in the Military Administrator the Power to appoint the Programme Manager. This part also contains provisions for the appointment of the staff and for some other miscellaneous matters.
This printed impression has been carefully compared by me with the Bill, which has been passed by the Nasarawa State House of Assembly and is found by me to be a true and correct copy of the Bill.