NASARAWA STATE COUNCIL FOR ARTS AND CULTURE LAW 2005

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NASARAWA STATE COUNCIL FOR ARTS AND CULTURE LAW 2005

ARRANGEMENT OF SECTIONS

Citation and commencement
Establishment of the Council
Composition of the Council
Organization of Council
Remuneration of members
Supplementary provisions schedule
Acts of members
Object of the Council
Formulation of projects
Power of the Council
[Power of Commissioner to give directions to Council]
Appointment of Executive Director and other officers of the Council
Appointment of Committees
Funds and other Resources of the council
General reserve
Borrowing powers
Accounts
Annual Report
Form of contracts or instruments
Regulations
Interpretation

EXPLANATORY MEMORANDUM

A LAW FOR THE NASARAWA STATE COUNCIL FOR ARTS AND CULTURE 2005

Enactment

BE IT ENACTED by the Nasarawa State House of Assembly and by the authority of same as follows:

Citation and Commencement

This Law may be cited as the Nasarawa State Council for Arts and Culture Law 2005 and shall come into operation on the …………… day of ………….., 2005.

Establishment of the Council

There is hereby established for the State a body called the Nasarawa State Council for Arts and Culture, which shall be a body corporate with perpetual succession and common seal and shall have power to sue and be sued in its corporate name.

Composition of the Council

(1) The Council shall consist of a Chairman and not more than fifteen other members.

(2) The Chairman and other members shall be appointed by the Governor, acting on the advice of the Commissioner, subject to confirmation by the House.

Organization of Council

(1) For the purpose of administration, the Council shall:

(a) Constitute itself into a governing body, with its head office located within the State capital.

(b) Establish a branch (hereinafter called Local Government/Development Area Committee for Arts and Culture in each of the Local Government/Development Area of the State, the branch to be located at the Headquarters of the respective Local Governments/Development Areas or such other place as the Council may direct.

(2) Every Local Government/Development Area Committee for Arts and Culture shall consist of not less than five and not more than seven members.

(3) Members of the Local Government/Development Areas Committee for Arts and Culture shall be appointed by the Council, acting on the recommendation of the respective Local Government/Development Area Council Chairman.

(4) Three members of a Local Government/Development Area Committee for Arts and Culture including its Chairman or in his absence the member presiding shall form a quorum.

Remuneration of members

There shall be paid to the Chairman and members, including members of a Local Government/Development Area Committee for Arts and Culture such allowances, if any as the Governor may from time to time determine.

Supplementary provisions schedule

The Supplementary Provisions contained in the Schedule shall have effect with respect to the composition and proceedings of the Council.

Acts of members

(1) No act or other proceedings of the Council or of a Local Government/Development Area Committee for Arts and Culture shall be invalid by reason of any vacancy among its members or by reason of any defect in the appointment of any member.

(2) A member shall not be personally liable for any act, omission or default of the Council or of a Local Government/Development Area Committee for Arts and Culture, as the case may be so long as such act, omission or default is in the course of the operations of the Council or of the Local Government/Development Area Committee for Arts and Culture and in good faith.

(3) In this Section, “member” includes members of a Local Government/Development Area Committee for Arts and Culture.

Object of the Council

(1) It shall be the duty of the Council to promote, preserve, revive, develop and encourage the arts and culture within and outside the State.

(2) Without prejudice to the generality of the foregoing provisions of this Section the Council shall also:

(a) Be responsible for the management, development, preservation and projection of the State Council for Arts and Culture in all its ramifications and shall liaise in order to get the State represented in any National Arts and Culture displays.

(b) Have power to establish an Arts Gallery for the regular exhibition, preservation and study of the Nasarawa State objects of Arts which shall include paintings, carving, pottery, woven cloths, locally produced fishing materials, books, music and architectural drawings.

(d) Have power to acquire or run an Art theatre in the State for regular cultural and dramatic performances.

(e) Have the power to establish Archives and Museums.

Formulation of projects

(1) The Council may formulate proposals for the purpose of effecting the objects of the Council and shall if so required by the Commissioner, formulate proposal for any purpose, within the objects of the Council which may be specified by the Commissioner.

(2) Proposals formulated by the Council shall be submitted to the Governor who may approve the proposals with or without modifications and when so approved, the proposals shall be an approved project for the purpose of this Law.

Power of the Council

(1)Subject to the provisions of this Law, the Council shall, for the purpose of effecting the objects of the Council in accordance with Section 8, have power to carry on all activities which are necessary, advantageous or expedient.

(2) Without prejudice to the generality of the provisions of Subsection (1), the powers of the Council shall include powers:

(a) To organize exhibitions and festivals of arts at Local Governments/Development Areas and at State levels.

(b) To make arrangements for and generally take charge of the State’s participation in arts festivals.

(d) To organize and conduct lectures, demonstrations and research on matters relating to the arts and culture of the State.

(e) To publish or sponsor and make necessary arrangements for the performance or dancing troupes, theatrical and similar clubs undertaking tours whether within or outside the State.

(f) To manage the State Arts Theatre and to establish Arts Galleries.

(g) To make rules and regulations with respect to the holding of competitions in the arts and to award prizes thereof.

(h) To work in cooperation and enter into arrangement with any other body engaged in or connected with the promotion of the arts and culture or the country or the organization thereof.

(i) To accept, hold and administer any subscriptions, gifts, legacies and donations.

(j) To make, draw, accept or endorse negotiable instruments with the consent of the Commissioner.

(k) To acquire, hold and dispose of land in manner consistent with Government policies and regulations.

[Power of Commissioner to give directions to Council]

(1) The Commissioner with the approval of the Governor, may from time to time give to the Council, general or specific directions with regard to the exercise of its power and performance of its duties.

(2) Where the Council is not duly constituted, the Commissioner shall exercise the power of the Council.

Appointment of Executive Director and other officers of the Council

(1) There shall be an Executive Director to be appointed by the Governor on recommendation of the Commissioner.

(2) The Executive Director shall be a member of the Council and shall be charged with the day to day running of the Council.

(3) The other officers and staff of the Council shall be appointed by the Council upon such salaries, terms and conditions as it may consider necessary for the proper and efficient conduct of the operations of the Council.

Appointment of Committees

(1) Subject to the provisions of this Law, the Council may by resolution appoint one or more Committees for any general or special purpose which in the opinion of the Council would be better regulated and managed by means of a Committee and may delegate to any Committee so appointed with or without restrictions or conditions, any functions exercisable by the Council.

(2) A Committee may include persons who are not members of the Council.

(3) A Committee may regulate its own proceedings and may with the approval of the Council, make standing orders for this purpose.

Funds and other Resources of the council

(1) The funds and resources of the Council shall consists of:

(a) All such sums as may from time to time be granted to the Council by the Government.

(b) All such sums as may be borrowed by the Council in accordance with the provisions of Section 17 of this Law.

(d) All sums collected or received by the Council in the execution of this Law; and

(e) All other sums or property of whatever kind which may in any manner become payable to or vested in the Council.

(2) The Council shall at the appropriate call date submit through the Commissioner to the Governor, its estimates of revenue and expenditure for the period commencing on the 1st day of January next following.

(3) The receipts of the Council of Revenue Account in any financial year shall be applied in the payment of the following charges.

(a) The remuneration and other allowances payable to members of the Council.

(b) The salaries, remunerations, pensions, superannuating and other allowances and gratuities payable to the Chief Executive Officer and the other officers and employees of the Council.

(d) Interest due on any monies borrowed by the Council under Section 16 of this Law.

(e) Such sums as may be required by the Council to be transferred to a sinking fund.

(f) Such sums as may be allocated to the general reserve established in accordance with Section 15 of this Law.

(g) Grants for purpose conducive to the welfare of the officers and employees of the Council.

(h) Contributions to such charitable objects as the Council may, with the approval of the Commissioner determine.

(i) The purchase of books, equipment and other related materials for use by the Council.

(j) Such other charges as may be reasonably incurred by the Council in the performance of its duties under this Law.

(4) Subject to the foregoing provisions of this Section, the Commissioner may, with the approval of the Governor, issue to the Council directives as to the purposes for which surplus funds may be applied.

General reserve

(1) The Council is hereby authorized to establish and maintain a general reserve into which shall be paid such sums of money as the Council may from time to time allocate.

(2) The management of the general reserve shall be as the Council may, with the approval of the Commissioner determine.

Provided that no part of the monies comprising the general reserve shall be applied otherwise than for purpose authorized by this Law.

Borrowing powers

(1) The Council may with the consent of the Commissioner, borrow by way of overdraft or otherwise such sums as the Council may require for meeting its obligations and discharging its functions under this Law and the sums aforesaid may be borrowed from the Government or from such other persons or bodies and upon such terms and conditions as the appropriate authority may approve.

(2) The Council may invest all of any part of its funds in such manner as the Commissioner may approve.

Accounts

(1) The Council shall keep proper accounts of its transactions and other records relating thereto and shall prepare in respect of every financial year a statement of account in such form as the Commissioner may determine.

(2) The Accounts of the Council shall be audited by Auditors appointed by the Auditor General of the State and the professional fees, if any, of such Auditor shall be charged on the funds of the Council.

(3) The Council shall soon after its account shall have been audited furnish the Commissioner with a copy of the statement of account together with a copy of the Auditor’s report.

Annual Report

(1) The Council shall prepare and submit to the Commissioner not later than the 1st day of October in every financial year an annual report in such form as the Commissioner may direct on the activities of the Council during the last preceding financial year and every such annual report shall have annexed thereto a copy of the Auditor’s report for that last preceding financial year.

(2) The Commissioner shall cause to be laid before the Governor as soon as may be a copy of every annual report submitted to him in accordance with this Section.

(3) Notwithstanding any information which may be contained in the annual report, the Commissioner may by notice in writing served on the Chairman require the Council to address such matters within the competence of the Council as may be specified in the notice.

Form of contracts or instruments

(1) Any contract or instrument which if entered into and executed by a person not being a body corporate which would not be required to be under seal may be made on behalf of the Council by any person generally or specifically authorized to act for that purpose by the Council.

(2) Any document purporting to be document duly executed or issued under the seal of the Council shall unless the contrary is proved be deemed to be a document so executed or issued as the case may be.

Regulations

The Council may, with the approval of the Governor, make regulations for carrying into effect the provisions of this Law.

SCHEDULE

Tenure of office of Member

Every member of the Council or every member of a Local Government/Development Area Committee for Arts and Culture shall hold office, subject to the provisions of this schedule for four years from the date of his appointment, but shall be eligible for reappointment.

Vacation of office

(1) A member may resign his office as a member by notice in writing to the Governor and upon receipt of such resignation by the Governor, the appointment of such member shall be terminated.

(2) The seat of a member shall become vacant on the occurrence of any of the following events:

(a) His death;

(b) His inability resulting from any cause to discharge the functions of his office;

(d) His resignations;

(e) The dissolution of the Council or the Local Government/Development Area Committee for Arts and Culture as the case may be.

(3) Notwithstanding the provisions of Sub paragraph (2), the Governor may at any time revoke the appointment of any member subject to approval of the House.

(4) In this Section, the word “Member” shall include a member of a Local Government/Development Area Committee for Arts and Culture.

Temporary member

Where any member of the Council is temporarily incapacitated by illness from performing the functions of his office or is temporarily absent from Nigeria, the Governor may appoint any person to hold temporarily the office held by such incapacitated or absent member during the period of such incapacity or absence and all the functions of such under this Law shall devolve upon the person so temporarily appointed.

Co-option of persons

Where upon any special occasion the Council desires to obtain the advice of any person on any particular matter, the Council may co-opt such person to be a member for such meeting or meetings as may be required, and such person whilst so co-opted shall have all the rights and privileges of a member save that he shall not be entitled to vote on any question.

Meeting and procedure

(1) The Council shall hold such and so many meetings as may be necessary for the due fulfillment of its function but so however, that it shall hold meetings at least once in every three calendar months.

(2) At a meeting of the Council:

(a) The Chairman shall, if present, be chairman of the meeting, or in his absence the members of the Council who are present shall choose one of their members to be the Chairman of the meeting.

(3) Every question at a meeting of the Council 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 votes.

(4) Any three members of the Council may by notice in writing signed by them request the Chairman to call a special meeting of the Council for the purposes set out in such notice and the chairman shall thereupon call a special meeting.

(5) Seven members (including the Chairman or other Members presiding) shall form a quorum at any meeting of the Council.

(6) (a) There shall be a Common Seal for the Council.

(b) The Common Seal shall be authenticated by the signature of the Chairman or some other members authorized by the Council to so act in that behalf.

(7) Subject to the provision of this Law, the Council may make standing orders for the purpose of regulating its own proceedings.

Interpretation

In this Law, unless the context otherwise requires:

“Arts” includes drama, drawing, painting, literature, music, poetry, sculpture and any other form of arts.

“Chairman” means the Chairman of the Council.

“Commissioner” means the Commissioner for Tourism and Culture.

“Council” means the Nasarawa State Council for Arts and Culture.

“Culture” includes the customs, religions and life pattern of the people of the State.

“Governor” means the Governor of the State.

“Government” means the Government of the State.

“House” means Nasarawa State House of Assembly.

“Member” means a member of the Council and includes the Chairman and the Vice Chairman.

“State” means the Nasarawa State of Nigeria.

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 true and correct copy of the Bill.

MOSES A. ONDAKI
Clerk of the House
Nasarawa State House of Assembly

I ASSENTED THIS 14TH DAY OF SEPTEMBER, 2005

ALHAJI ABDULLAHI ADAMU
Executive Governor
Nasarawa State of Nigeria

Repassed by two-third Majority this …… day of …………. 2005

HON. MOHAMMED OGOSHI ONAWO
SPEAKER
Nasarawa State House of Assembly

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