FARM MECHANIZATION AGENCY EDICT, 1999

State Laws

Attorney-General

State Website

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FARM MECHANIZATION AGENCY EDICT, 1999

LAWS OF NASARAWA STATE OF NIGERIA

 

 

ARRANGEMENT OF SECTIONS

PART I – PRELIMINARY

1. Title and Commencement
2. Interpretation

PART II – ESTABLISHMENT, INCORPORATION, OBJECTIVES, POWERS AND FUNCTIONS OF THE AGENCY

3. Establishment of Farm Mechanization Agency
4. Objectives
5. [Powers of the Agency
6. Establishment of Board of Directors
7. Reposition of the Board directors
8. Qualification of members of Agency
9. Emolument of members of the Agency
10. Meeting of Agency
11. Committee

PART III: MANAGEMENT AND STAFF OF THE AGENCY

12. General Manager
13. Asst. General Managers
14. Management of the Agency’s Business and Administration
15. Staff and Termination of Employee

PART V – FINANCIAL PROVISIONS

16. Revenue and Resources of the Board
17. Internal Auditor
18. Personal immunity of Members, Agents, etc
19. Restrictions on Suit Against Agency

 

 

THE NASARAWA STATE FARM MECHANIZATION AGENCY EDICT 1999

NASARAWA STATE OF NIGERIA

Edict No. …………………………………..

 

Enactment

THE MILITARY ADMINISTRATOR OF THE NASARAWA STATE OF NIGERIA hereby makes the following Edict:

 

Date of Commencement

 

PART I – PRELIMINARY

Title and Commencement

1. The Edict may be cited as the Nasarawa State Farm Mechanization Agency Edict, 1999 and shall be deemed to have come into operation on 1st of January, 1999.

 

Interpretation

2. In this Edict, unless the context otherwise requires

“Agency” Means the Government body of the Farm Mechanization agency under section 3 of this Edict.

“Chairman” Means the chairman of the Board.

“Farm” Means a person or group of persons, corporate or incorporate engaged in agricultural pursuit as a livelihood or business.

“Hiring” Means arranging for and securing the services of a tractor and any farm machinery in return for specific payment.

“Military Administrator” means the Military Administrator of the State and includes the Governor of the State.

“State” Means Nasarawa State of Nigeria.

PART II – ESTABLISHMENT, INCORPORATION, OBJECTIVES, POWERS AND FUNCTIONS OF THE AGENCY

Establishment of Farm Mechanization Agency

3. There is hereby established in the State an agency to be known and called Nasarawa State Farm Mechanization Agency (hereinafter called “the Agency”) which shall be a body corporate having a perpetual succession and a common seal with powers to sue and be sued in its corporate name.

 

Objectives

4. The objectives of the Agency are:-

(1)     To deliver services to farmers and public at public at subsidized rates to:

1. increase production of food and raw materials
2. create employment/investment in agriculture
3. increase the standard of living of the citizens.

(2)     To generate revenue for government.

 

[Powers of the Agency

5. (1) The Agency shall have power to:-
6. a) Acquire such loans from any commercial or development bank for the purchase of tractors and the accessories thereto;
7. b) Hire out tractors and farm machinery to farmers in the State at such prices and conditions as the Agency may deem fit;
8. c) Acquire such number of tractors implements and spare parts as may be necessary for the due performance of its functions under this edict;
9. d) Formulate and carry out Agricultural Mechanization Policies in the State;
10. e) Stimulate and carry out Agricultural Mechanization Policies in the State;
11. f) Provide adequate and appropriate guidance and supervision of farm machinery, hiring services to farmers in the State;
12. g) Carry out proper maintenance of the tractors and all farm machinery so acquired; and
13. h) Do any other thing that may be necessary, advantageous or convenient.

(2)     Without prejudice to the generality of Subsection (1) of this section, the Agency shall:-

1. a) Carryout such investigations as are for the proper take off its operations;
2. b) Invest in or acquire in any company which carries in an Agricultural Mechanization scheme in the State;
3. c) Enter into such contracts as may be necessary, advantageous or expedient for the performance of its functions;
4. d) Acquire, purchase, lease, hold, construct, manufacture or maintain tractors, spare parts equipment or any property whatsoever whether movable or immovable, required for or in connection with the performance of its functions and to sell dispose of or otherwise deal with such property or any part thereof;
5. e) Enter into agreement with any person for:-
6. The supply, manufacture, maintenance or repair by that person of any property which is necessary for due performance of its functions;
7. The performance or provisions of any service or facility which may be performed or provided by the Agency.
8. Take over the workshop and tractors from the Mechanical Division of the Ministry of Agriculture;
9. Make, draw, accept or endorse any negotiable instruments;
10. Accept, acquire or hold any kind of security;

 

1. Surrender, transfer or assign any securities held by the Agency whether upon exchange for another security or upon discharge.

 

Establishment of Board of Directors

6. There is hereby established for the Agency a Board to be known as the Nasarawa State Farm Mechanization Agency Board of Directors (hereinafter called “the Board”).

The Board shall be the governing body of the Agency and shall in that capacity.

1. Exercise all the functions of the Agency and
2. Do or carry out all acts or things which the Agency is by this Edict, or may, by any other law, be required to do or carry out.

 

Reposition of the Board directors

7 (1) The Board of Directors shall consist of the following members:-

1. a) A part time Chairman, who could be the Chairman of Practicing Farmers Association of Nasarawa State or any of his nominee;
2. b) The General Manager of the Agency referred to in section 12 of this Edict;
3. c) One representative of Practicing Farmers Association, each of the three Senatorial Districts in the State;
4. d) A representative of Nasarawa State Ministry of Agriculture; and
5. e) The Assistant General Manager of Finance and Administration of the Agency who shall service as the Secretary of the Agency.

(2)     Any four members including the Chairman of the Board or any other person acting in that behalf shall form a quorum at any meeting of the Board.

(3)     The person referred to in paragraphs (a), (b), (c), of subsection (1) of this section shall be appointed to the Board by the Military Administrator.

 

Qualification of members of Agency

8 (1) Qualification of the Board Members include:

1. All Board members must be citizens of Nigeria;
2. The Chairman should have professional experiences and must have achieved reputable position in his career in agricultural industry.
3. Board members must be knowledgeable individuals preferable with a sound professional background in the agricultural industry or with associated credentials whose abilities and experiences compliment the functions of the Board.

(2)     No person shall be qualified to be members of the Board who:

1. a) Has been adjudged or otherwise declared;
2. A bankrupt under any law in force in Nigeria and has not been discharged; or
3. Liable to pay certain amount of money by court of competent jurisdiction and is unable to do so within 30 days of such declaration;

iii.      To be of unsound mind, or

1. b) Is detained as a criminal or lunatic under any law for the time being in force in Nigeria; or has been convicted;
2. c) Has been convicted:-
3. For an offence involving the security of the State, fraud, dishonest or moral turpitude; or
4. For any other offence, and has not been granted a free pardon; or
5. d) Has been found by the report of a Commission or a Committee of inquiry to be incompetent to hold public office or in respect of whom the Commission or Committee of inquiry has found that while being a public officer has acquired assets or unlawfully or defrauded the State or misused or abused his office or willfully acted in a manner prejudicial to the interest of the State; and such findings have not been set aside on appeal or judicial review; or
6. e) Has had property confiscated as a result of findings of a commission, or
7. f) Is under sentence imposed upon him by any court.

(3)     Without prejudice to the provisions of Sub-section (1) of the section, any member of the Board shall cease to be a member if:-

1. a) He is absence from three consecutive meetings of the Board without sufficient reason; or
2. b) In the case of a person possessed of professional qualifications, he is disqualified from practice of his in respect of him personally.

(4)     Where the Board is satisfied that the continued presence on the Board of any member is not in the interest of the Board, it may recommend to the Military Administrator that member concerned be removed from his office and if the Military Administrator, after making such enquiry as he considers necessary approve of the recommendations, he may in writing declare the office of the members vacant.

(5) a.           All the members of the Board, shall hold office for a term of four years, and may be eligible for re-appointment for another term of four years, and no more.

1. A member may at any time resign his office in writing addressed to the Military Administrator.
2. The Military Administrator may revoke the appointment of Members if the Military Administrator is satisfied that such Member:-
3. Is incapacitated by physical and mental illness from performing his function as a member; or
4. Is otherwise unable or unfit to discharge the functions of a member.
5. Members of the Agency ceasing to hold office shall, be eligible for re-appointment.
6. The Chairman of the Agency shall notify the Military Administrator of all vacancies occurring in the membership of the Agency.
7. Where any member of the Agency is incapacitated by illness or any other cause from performing the functions of this office, the Military Administrator may appoint another person to act in his office until the members is able resume performance of his functions.

 

Emolument of members of the Agency

9. There shall be paid to each member of the Board and its Committees and any co-opted person such allowances in respect of travelling and other reasonable expenses at such rate as may from time to time, be fixed by the Military Administrator.

 

Meeting of Agency

10. (1) The Board shall ordinarily meet for the dispatch of business at such times and places as the Chairman may, from time to time, appoint, but shall meet at least three times every year.

(2)     The Chairman shall upon the request in writing signed by not less than four members of the Board summon a special meeting of the Board within fourteen days on receipt of such request.

(3)     At every meeting of the Board, the Chairman shall preside and in his absence the Members present shall elect a person from among their number to preside at that meeting.

(4)     Every question coming before the Board at any meeting shall be decided by a simple majority of the votes of the members present and voting; and in case of an equality of votes, the Chairman or the other person presiding shall have a second or casting vote.

(5)     The quorum for any meeting of the Board shall be including the Chairman or the other person presiding.

(6)     The Board may at any time co-opt any person or persons to act as an advisers at any of its meetings, but no person so co-opted shall be entitled to vote at any such meetings on any matter for decision by the Board.

(7)     A member of the Board who is any way directly or indirectly interested in any contract or transaction or project of the Board shall disclose the nature of his interest at a meeting of the disclosure shall recorded in the minutes of the Board and the member: –

1. a) Shall not take any part in any deliberation or decision of the Board with respect to that contract or transaction or project; and
2. b) Shall be disregarded for the purpose of constituting a quorum of the Board for any such deliberation or decision.

(8)     For the purpose of Sub-section (7) of this section, a general notice given at a meeting of the Board by a member of the Board to the effect that he is a member of a specified company or firm and is to be regarded as interested in any contract transaction or project of the Board concerning the company or firm, shall be regarded as a sufficient disclosure of his interest in relation to that contract or transaction or project.

(9)     A member of the Board need not attend in person at a meeting of the Board in order to make any disclosure which he is required to make under sub-section (7) of this section if he takes reasonable steps to ensure that the disclosure is made by notice which is brought up and read at the meeting.

(10)   Any member who infringes sub-sections (7) and (8) of this section shall be liable to be removed from the Board.

(11)   The validity of the proceeding of the Agency shall not be affected:-

1. a) By any vacancy among its members or by any defect in the appointment of any of them; or
2. a) By inadvertent error in addressing it or failure in the delivery thereof.

(12)   Except as otherwise expressly provided under this section, and subject to this Edict, the Board may make standing orders for the purpose of regulating its own procedure.

 

Committee

11 (1) Sub-section (2) of this Section the Agency may appoint one more Committees of the Agency to advise it on or take any other action.

1. As to the initiation, execution, administration or progress of any project, scheme or activity which the Agency may undertake or in which it may participate; or
2. For any other purpose whether general or specific relating to the functions of the Agency, which in the opinion of the Agency is better regulated by means of a committee.

(2)     The Agency may on such terms and conditions as it may think fit delegate to a Committee appointed under Sub-section (1) of this Edict except that such delegation shall not include.

1. a) Making extraordinary expenditure;
2. b) Borrowing money; and
3. c) Making standing orders, rules or regulations.

(3)     The Composition, tenure of office and remuneration of members of the Committee appointed pursuant to Sub-section (1) of this Section, shall be determined by the Board.

(4)     Committee appointed under Sub-section (1) of this Section may include persons who are not Members or officers or employees of the Board, but who possess such special qualification or experience as in the opinion of the Board shall prove beneficial to the work of the Committee.

 

PART III: MANAGEMENT AND STAFF OF THE AGENCY

General Manager

12 (1) The General Manager shall be professional (Agricultural Engineer, Agricultural Economist), the Chief Executive and the Accounting Officer of the agency who shall be appointed and removed from office by the Military Administrator and shall be responsible to the board for policy formulation and execution of same.

(2)     Responsible for organization and operational decisions.

(3)     Responsible for promoting efficiency and discipline of all staff matters.

(4)     Any other responsibilities that may assigned to him by the Military Administrator.

(5)     The General Manager shall be appointed by the Agency subject to the approval by the Military Administrator under the following conditions:-

1. That he shall have a tenure of five years at the first instance and renewable only without prejudice to other provisions of the Edict.
2. The appointment shall be made in accordance with a performance contract.

 

Asst. General Managers

13      The General Manager may be assisted in the performances of his duties by Assistant General Managers, who shall be responsible to the General Manager and appointed by the Board to be in charge of:

1. Finance and Administration;
2. Operations; and
3. Maintenance.

 

Management of the Agency’s Business and Administration

14      The General Manager shall, subject to general control of the Agency on matters of policy and subject in particular to such regulation as the Agency may make in that behalf under Section of the Edict, be charged with over all responsibilities for carrying out the policy and decisions of the Agency as well as the routine Administration and control of all the employees of the Agency.

 

Staff and Termination of Employee

15 (1) The Agency may, from time to time, engage such employees as may be necessary for the proper and efficient conduct of the business of the Agency.

(2)     The Agency shall engage the services of consultants to advise as the Agency may determine.

(3)     The Board shall be responsible for the appointment, promotion, and discipline of officers and employees of the Agency.

(4)     Subject to the provisions of the Edict, the officers, employees and advises of the Agency who are on Grade Level 07 to 17 and subject to the approval of Government in respect of officers on Grade Level 13 and above, shall be engaged on such terms and conditions as the Agency may determine.

(5)     Where the Agency required, its public officers may be transferred or seconded to the Agency, or may otherwise give assistance thereto.

(6)     The Management of the Agency may terminate the employment of any of its employees as a result of non performance of duties, continued lateness or absenteeism, insubordination, consumption of alcohol or drugs on duty, or actions detrimental to the operations of the Agency. The termination of senior Management must be approved by the Board.

 

PART V – FINANCIAL PROVISIONS:

Revenue and Resources of the Board

16 1)           The Revenue and resources of the Agency shall consist of:-

1. All funds, assents, resources, undertakings and such rights and interests as the Agency may, from time to time, acquire;
2. Such sums as may, from time to time, be lent, granted or appropriated to the Agency by the Government, Federal Government of Nigeria or any other Government institution;
3. All prosperities and investments acquired by, or vested in, the Agency and all monies dividends and other benefits derived, earned or arising there from;
4. All sums from time to time received by or falling due to the Agency in respect of the repayment of any loan or advance made by the Agency;
5. All charges, rates, rent and other payments accruing to the Agency for the services it renders; and
6. All other sums of money or properties which may in any manner become payable to, or vested in, the Agency in respect of any matter incidental to it’s functions and powers under this Edict.

(2) a.           The Board shall prepare detailed estimates of its income and expenditure for following financial year and submit for approval to the State Government.

1. The expenditure of the Board shall be in accordance with the estimate approved by Government.
2. The Board may have Bank Accounts in such banks as the Board may determine.

 

Internal Auditor

17 (1) The Agency shall have an Internal Auditor.

(2)     Subject to the provisions of this Law, the Internal Auditor shall be responsible to the General Manager for the performance of his functions.

(3)     As part of his functions under this Edict, the Internal Auditor shall, at intervals of three months prepare report on the Internal Auditor work carried out by him during the period of three months immediately proceeding the preparation of report, and submit the report to the General Manager who shall convene a meeting of the Agency as soon as possible to discuss the Internal Auditor’s report.

(4)     The Internal Auditor’s report shall cover the financial transactions of the Agency.

(5)     Without prejudice to the general effect of Sub-section (3) of this Section, the Internal Auditor shall make in each report such observations as appear to him necessary as to the conduct of the financial affairs of the Agency during the period to which the report relates.

(6)     The Internal Auditor shall send a copy of each report prepared by him under this Section to the Military Administrator and also to each of the following:

1. a) The Commissioner responsible for Finance;
2. b) The State Auditor-General; and
3. c) The Chairman of the Agency.

 

Personal immunity of Members, Agents, etc.

18      No Member of the Agency, agent, staff or member of any Committee appointed by the Agency under this Edict shall be personal liable for an act or default of the Agency done or omitted to be done in good faith and without negligence in the operations of the Agency.

 

Restrictions on Suit Against Agency

19      No execution or attachment or process in the nature thereof month has lapsed since a written notice to commence the suit shall have been served on the Agency by the Complainant or his agent.

 

 

 

DATED AT LAFIA THIS 27 DAY OF MAY 1999

………………………………………….

LT.COL. BALA MOHAMMED MANDE Fss. psc.

MILITARY ADMINISTRATOR,

NASARAWA STATE

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