NASARAWA STATE CO-OPERATIVE DEVELOPMENT AGENCY LAW
| Attorney-General |
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NASARAWA STATE CO-OPERATIVE DEVELOPMENT AGENCY LAW
ARRANGEMENT OF SECTIONS
- Citation and commencement
- Establishment of Agency
- Functions of the Agency
- Board of Directors
- Qualification, disqualification of Members of the Agency
- Tenure of office of Members of the Agency
- Emoluments of Members of the Agency
- Meeting of Board
- Quorum
- Committee
- Power of the Agency
PART III – MANAGEMENT AND STAFF OF THE AGENCY
- General Manager
- [Appointment of General Manager]
- [Directors]
- [Responsibilities of General Manager]
- [Power of Agency to engage Employees and Consultants]
PART IV – FINANCIAL PROVISIONS
- Revenue Resources Agency
- Internal Audit
- Personal immunity of members, agents
- Restrictions on suit against the Agency
- Interpretation
NASARAWA STATE CO-OPERATIVE DEVELOPMENT AGENCY LAW
A LAW TO PROVIDE FOR THE ESTABLISHMENT OF THE NASARAWA STATE COOPERATIVE DEVELOPMENT AGENCY
Citation and commencement
- This Law may be cited as the establishment of the Nasarawa State Co-operative Development Agency Law and shall come into operation on the 14th day of September, 2005.
Establishment of Agency
- (1) There is hereby established an Agency to be known as the Nasarawa State Co-operative Development Agency (hereinafter referred to as “the Agency”).
(2) There is hereby established for the Agency a Board to be known as the Nasarawa State Cooperative Development Agency Board of Directors (hereinafter referred to as “The Board”).
(3) The Board:
(a) Shall be a body corporate with perpetual succession and a common seal.
(b) Shall be capable of acquiring, holding and disposing of any property, whether movable or immovable.
(c) May sue and be sued in its corporate name; and
(d) Capable of performing all the functions of the Agency and do or carry out all acts or things which the Agency is by this Law, or may, by any other law, be required to do or carry out.
(4) The members of the Board of the Agency shall be appointed on such terms and conditions as the Governor may deem fit in the circumstances.
Functions of the Agency
- (1) The Functions of the Agency shall be as follows:
(i) Coordinate the activities of all primary cooperative societies in the State.
(ii) Provision of financial backing for the development of cooperative programmes in the State.
(iii) Sourcing of micro credit facilities both in cash/kind for on lending to registered groups.
(iv) Solicit for Government grants and patronage to augment the effort of cooperative societies.
(v) Ensure that campaign strategies on cooperative finances are adopted with a view to sensitizing the populace on their roles and duties.
(vi) To uphold all sources for cooperative finances such as shares, entrance fee, levies, grants, donations etc.
(vii) Procurement/distribution of all inputs to farmers organizations as at when due.
Board of Directors
- (1) The Board of Directors shall consist of the following members:
(a) A part-time Chairman
(b) The General Manager of the Agency
(c) A representative of each of the following Ministries:
- Commerce and Industry
- Agriculture and Natural Resources
- Finance; and
- Justice
(d) One representative of the Farmers’ Cooperative Union from each of the three Senatorial Districts of the State.
(2) Any seven 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.
Qualification, disqualification of Members of the Agency
- (1) Qualifications of the Board Members include:
(i) All Board members must be citizens of Nasarawa State.
(ii) The Chairman should have relevant professional experiences and must have achieved reputable position in his career.
(iii) Board members must be knowledgeable individuals preferable with a sound related professional background whose abilities and experiences will compliment the functions of the Board.
(2) No person shall be qualified to be member of the Board who:
(a) Has been adjudged or otherwise declared:
(i) A bankrupt under any Law in force in Nigeria and has not been discharged; or
(ii) 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 unsound mind, or
(b) Is detained as a criminal or lunatic under any law for the time being in force in Nigeria.
(c) Has been convicted:
(i) For an offence involving the security of the State, fraud, dishonest or moral turpitude; or
(ii) For any other offence, and has not been granted a free pardon; or
(d) Has been found by the report of a Commission or a Committee of Inquiry of whom the Commission or Committee of Inquiry has found that while being a public officer has acquired assets 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
(e) Has had property confiscated as a result of findings of a Commission; or
(f) Is under sentence imposed upon him by any court.
(3) Without prejudice to the provisions of Subsection (1) of this Section, any member of the Board shall cease to be a member if:
(a) He is absent from three consecutive meetings of the Board without sufficient reason.
(b) In the case of a person possessed of professional qualification, he is disqualified from practice of his profession in Nigeria by order of any competent authority made in respect of him personally.
(4) Where the Board is satisfied that the continued presence on the Board or any member is not in the interest of the Board as a result of any act or misconduct certified by any panel of enquiry, it may recommend to the Governor that the member concerned be removed from his office; and if the Governor, after making such enquiry as he considers necessary, approve of the recommendations, he may in writing declare the office of the member vacant.
Tenure of office of Members of the Agency
- (1) All members of the Board, shall, subject to Subsection
(2) of this Section, hold office for a term of four years, and may be eligible for reappointment for another term of four years, and no more.
(2) A Member may at anytime resign his office in writing addressed to the Governor.
(3) The Governor may revoke the appointment of a member if the Governor is satisfied that such member:
(a) Is incapacitated by physical and mental illness from performing his functions as a member; or
(b) Is otherwise unable or unfit to discharge the functions of a member.
(4) The Chairman of the Agency shall notify the Governor of all vacancies occurring in the membership of the Agency, through the Ministry of Cooperatives and Community Development.
(5) Where any member of the Agency is incapacitated by illness or any other cause from performing the functions of this office, the Governor may appoint another person to act in his office until the member is able to resume the performance of his functions.
Emoluments of Members of the Agency
- There shall be paid to each member of the Agency and its Committee 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 Board subject to the approval of the Governor.
Meeting of Board
- (1) The Board shall ordinarily meet for the dispatch of business at such time and place 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.
Quorum
(5) The quorum for any meeting of the Board shall be seven including the Chairman or the other person presiding.
(6) The Board may at any time co-opt any person or persons to attend 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 shall not partake in any way directly or indirectly in any contract or transaction or project of the Board.
(8) Any member who infringes Subsection (7) of this Section shall be liable to be removed from the Board.
(9) The validity of the proceedings of the Agency shall not be affected:
(a) By any vacancy among its members or by any defect in the appointment of any of them; or
(c) By inadvertent error in addressing it or failure in the delivery thereof.
(10) Except as otherwise expressly provided under this Section, and subject to this Law, the Agency may make orders for the purpose of regulating its own procedure.
Committee
- (1) Subject to Subsection (2) of this Section, the Agency may appoint one or more Committees of the Agency to advise it on or take any other action:
(a) 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
(b) For any other purpose whether general or specific relating to the functions of the Agency is better regulated or managed 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 section, except that such delegation shall not include:
(3) The composition, tenure of office and remuneration of members of the Committee appointed pursuant to Subsection (1) of this Section shall be determined by the Board.
(4) Committee appointed under Subsection (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.
Power of the Agency
- (1) The Agency shall have power to:
(a) Source funds through shares and entrance fees contribution by all expected affiliates.
(b) Borrow funds for on lending to registered groups from Development Banks/other finance institutions.
(c) Accept grants and soft loan from Government for production purposes.
(d) The power of the Agency in discharging (a), (b) and (c) above shall have the approval of the Governor through the Ministry.
(e) Encourage business linkages/collaborative and effort between the Cooperatives and other Government related Agencies.
(f) Encourage inter-State trade programmes.
(2) Without prejudice to the generality of Subsection (1) of this Section, the Agency shall:
(a) Carry out such investigation as are for the proper take off of its operations.
(b) Enter into such contracts as may be necessary, advantageous or expedient for the performance of its functions.
(c) Enter into agreement with any person or:
(i) Make, draw, accept or endorse any negotiable instruments.
(ii) Accept, acquire or hold any kind of security.
(iii) Surrender, transfer or assign any securities held by the Agency whether upon exchange for another security or upon discharge.
PART III – MANAGEMENT AND STAFF OF THE AGENCY
General Manager
- (1) The General Manager who have the relevant professional qualification is the Chief Executive and the Accounting Officer of the Agency who shall be appointed and removed from office by the Governor and shall be responsible to the Board for policy formulation and execution of same.
(2) Responsible for organizational and operational decisions of the Agency.
(3) Responsible for promoting efficiency and discipline of all staff matters; and
(4) Any other responsibilities that may assigned to him by the Governor.
[Appointment of General Manager]
- (1) The General manager shall be appointed by the Governor and shall have a tenure of five years at the first instance and renewable only without prejudice to other provisions of this Law.
[Directors]
- The General Manager may be assisted in the performances of his duties of his duties by Directors who shall be responsible to the General Manager and appointed by the Board from the Ministries of Commerce and Industry, Agriculture and Finance to the charge of:
(a) Administration and Finance
(b) Agriculture Department
(c) Small and Medium Enterprises (SME) Department
(d) Business Development Department
[Responsibilities of General Manager]
- 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 be charged with over all responsibilities for carrying out the policy and decisions of the Agency as well as the routine administration and the control of the employees of the Agency.
[Power of Agency to engage Employees and Consultants]
- (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 this Law, the officers, employees and advisers of the Agency who are on Grade level 07 to 17 and subject to the approval of the 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 require, its public officers may be transferred or seconded to the Agency.
(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 of absenteeism, insubordination, consumption of alcohol or drugs on duty, or actions detrimental to the operations of the Agency. The termination of Senior Management Staff must be approved by the Board.
PART IV – FINANCIAL PROVISIONS
Revenue Resources Agency
- (1) The revenue and resources of the Agency shall consist of:
(a) All funds, assets, resources, undertakings and such rights and interests as the Agency may from time to time acquire.
(b) 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 institutions; or Donor Agency.
(c) All properties and investments acquired by or vested in the Agency and all monies dividends and other benefits derived, earned, or arising thereform.
(d) 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.
(e) All charges, rates, rent and other payments accruing to the Agency for the services it renders; and
(f) 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 its functions and powers under this Law.
(2) (a) The Board shall prepare a detailed estimates of its income and expenditure for the following financial year and submit for an approval to the State Government.
(b) The expenditure of the Board shall be in accordance with the estimate approved by the Government.
(c) The Agency may have bank accounts in such banks as the Board may determine.
Internal Audit
- (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 Law, the Internal Auditor shall at intervals of three months prepare a report on the work carried out by him during the period of three months immediately preceding the preparation of the 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 Subsection (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 Governor and also to each of the following:
(a) The Commissioner responsible for Finance.
(b) The Commissioner responsible for Commerce and Industry.
(c) The State Auditor General; and
(d) The Chairman of the Agency.
Personal immunity of members, agents
- No member of the Agency, agent, staff or member of any Committee appointed by the Agency under this Law shall be personally 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 the Agency
- No execution or attachment or process in the nature thereof shall lie against the Agency until one month has lapsed after a written notice to commence the suit shall have been served on the Agency by the complainant or his agent.
Interpretation
- In this Law:
“Agency” means the Cooperative Development Agency.
“Board” means Cooperative Development Agency Board of Directors.
“Commissioner” means the Commissioner of the Ministry of Commerce and Industry.
“Governor” means the Governor of Nasarawa State.
“Ministry” means the Ministry for Commerce and Industry.
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
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