NASARAWA STATE PLANNING COMMISSION LAW

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NASARAWA STATE PLANNING COMMISSION LAW

LAWS OF NASARAWA STATE OF NIGERIA

ARRANGEMENT OF SECTIONS

PART I – ESTABLISHMENT OF THE NASARAWA STATE PLANNING COMMISSION

Establishment of the Commission

PART II – OBJECTIVES OF THE COMMISSION

Objective of the Commission
Membership of the Commission

PART III – FUNCTIONS OF THE COMMISSION

Functions of the Commission
Powers of the Commission
Other officers of the Commission

PART IV – CONDITIONS OF SERVICE

Conditions of Service in the Commission
Tenure of office

PART V – FINANCIAL PROVISION

Funds of the Commission
Annual estimates of the Commission
Relationship with other Bodies
Representation on Boards and Governing Councils of certain Bodies

PART VI – MISCELLANEOUS AND SUPPLEMENTARY

Transitional Provisions
Regulations
Power of the Governor to give directives
Interpretation

LAWS OF NASARAWA STATE OF NIGERIA

A LAW TO PROVIDE FOR THE ESTABLISHMENT OF NASARAWA STATE PLANNING COMMISSION

Enactment

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

PART I – ESTABLISHMENT OF THE NASARAWA STATE PLANNING COMMISSION

Establishment of the Commission

S.1 (1) There is hereby established an Agency to be known as the Nasarawa State Planning Commission (in this Law referred to as “The Commission”).

(2) The Commission shall be a body corporate with perpetual succession and a common seal; and it may sue and be sued in its corporate name.

PART II – OBJECTIVES OF THE COMMISSION

Objective of the Commission

S.2 The objectives of the Commission shall be to:

(a) Determine and advise on policies that will best promote general development, unity and integration in the State.

(b) To research and help develop ideas that will promote social justice and human welfare in the State.

(c) Articulate key development issues in the State and suggest ways for their proper resolution.

(d) Help other State Agencies provide a focal point for the coordination and formulation of policies and programmes of the State.

(e) Draw up from time to time, development programmes and map out implementation strategies.

(f) Help to coordinate the implementation of Government programmes as contained in budgets, approved annual plans, medium-term plans and perspective plans at the State and Local Government levels.

(g) Determine how the State can best adapt or realize the objectives set out in paragraph(i) of this Section and compete efficiently in the national economy.

(h) To coordinate planning activities at all levels in the State and liaise with the National Planning Commission on issues relating to planning matters and the management of the State’s economy.

(i) Continuously visualize the State economic system in target horizons and identify the activities likely to become dominant or strategic as they relate to the State; and

(j) With the consent of the Governor to represent the State in matters relating to planning issues.

(k) The Commission shall represent the interest of the State on:

(i) The National Economic Council

(ii) National Council on Development Planning

(iii) The Joint Planning Board

(iv) The National Manpower Board

(v) Bilateral and multilateral loan/credit and debt negotiating.

Members of the Commission

S.3 (1) The Commission shall consist of:

(a) The Executive Governor as Chairman

(b) The commissioner in charge of planning, who shall be the Deputy Chairman and shall assist the chairman to carry out the day – to – day supervision of the Commission

(c) At least four Full – time Commissioners who shall be in – charge of the Departments of the Commission.

(d) A representative of the Ministry of Local Government

(e) A representative of the Ministry of Finance and Economic Development

(f) A representative of Nasarawa State University, Keffi from the Economics Department

(g) A representative of Nasarawa Stat Urban developmeny board

(h) A representative of Ministry of justice

(2) In addition, the commission shall have the following other members who shall be part – time commissioners namely:

(a) One member to represent Non – Governmental Organization in this state

(b) One member to represent the organized private sector in the state

(c) One member to represent the Nigeria Labour congress in the state

(3) The supplementary provisions contained in the schedule to this law shall have effect with respect to the proceedings of the commission and the other matters contained therein

PART III – FUNCTIONS OF THE COMMISSION

S.4. Functions of the Commission

The functions of the commission shall be to:

(a) Provide policy advice to the governor in particular and the state Government in general on all spheres of development planning.

(b) Set priorities and goals and engender cooperation among Government Agencies, corporate bodies and worker’s unions in the support and accomplishment of such priorities and goals as may be contained in planning the guidelines issues by the commission from time to time

(c) Undertake periodic review and appraisal of the human and material resource capabilities of the state with a view to advancing their development and ensuring their efficient and effective utilization.

(d) Formulate and prepare long time and medium term state development plans and to coordinate such plans at the state and local government levels.

(e) On the instruction of the Governor monitor projects and the progress of plan implementation.

(f) Advise on changes and adjustments in policies, institutions and management techniques as well as developing the attitudes necessary for the alignment of actions with plan targets and goals.

(g) Conduct research into various aspects of public policy and ensure that the implications and results of the findings in such research are geared towards the enhancement of economic, social, political, cultural, technological and security capabilities and management of the state.

(h) Carry out such other activities as are necessary or expedient for the full discharge of all or any of the functions conferred on the commission under this law.

S.5 Powers of the Commission

In the discharge of its duties under this Law, the commission shall have power to:

(a) Ask for and obtain from any government Agency or other private institution statistical or other information relevant to the functions of the commission under this Law.

(b) Advise or suggest action along a given course for any Government Agency for the attainment of identified specific objectivities of the state.

(c) Advise the Governor as to the appropriate measure to be undertaken by agencies or bodies in the state in order to ensure their conformity with state policies and programmes.

(d) Generally give advise on development Plan preparation, implementation and control.

(e) Recruit, promote and discipline all officers of the Commission, provided that members of the Commission and the Secretary of the Commission can only be disciplined with the approval of the Governor.

(f) Determine the conditions of service of its employees as appropriate.

(g) Provide advisory services on matters referred to it by any Government Department or Agency.

(h) Appoint and exercise disciplinary control over such numbers of other persons as employees of the Commission as it may be deemed necessary for the discharge of its functions under this Law.

S.6 Other Officers of the Commission

(1) There shall be appointed by the Governor a Secretary to the Commission who shall be a seasoned administrator or an economist with considerable experience in development planning.

(a) Conduct the correspondences of the Commission.

(b) Record all proceedings of the Commission.

(c) Be responsible to the Deputy Chairman for all matters relating to the personnel of the Commission.

(d) Perform such other duties or functions as the Commission may from time to time assign him.

(2) Any required technical staff of the relevant Departments of the Ministry of Economic Planning and Budget may be posted to the Commission in accordance with existing rules.

PART IV – CONDITIONS OF SERVICE

S.7. Conditions of Service in the Commission

The Commission shall develop and submit to the Governor for approval appropriate conditions of service covering remunerations, fringe benefits and any other benefits which would enable it to attract and retain high quality manpower.

S.8 Tenure of Office

(a) The Full –time and part – time members of the commission shall hold office for four years renewable for one further period of four years.

(b) Any full-time or part – time Commissioner may resign his appointment at any time by notice in writing under his hand addressed to the governor

(c) if a member of the commission dies or resign or otherwise vacates his office before the expiry of the term for which he is appointed, a fit and proper person shall be appointed in his place.

(d) A member of the commission may be removed from office by the governor if;

(i) He is satisfied that it is not in the interest of the commission or in the interest of the public that the member should continue in office.

(ii) In the case of a part-time member, the member ceases to hold the office that qualifies him to be appointed as member or ceases to represent the interest group.

(e) The vice chairman shall hold office ex-officio as the commissioner for planning.

PART V – FINANCIAL PROVISION

S.9 Funds of the Commission

The Commission shall:

(a) Be funded by the State Government

(b) Operate within normal budgetary allocations as may be made to it by the State Government.

(c) Not charge or receive any fees whatsoever for services rendered to the State Government except as otherwise decided by the Governor.

(d) Not invest its funds with intent to charging or receiving interests on such investments.

(e) Nothing in Subsection a-d of this Section shall be construed a preventing the Commission from receiving any financial aid, assistance or grant from any other source as may be approved by the Governor.

S.10 Annual estimates of the Commission

The Commission shall not later than 31st October in each year, submit to the Governor an estimate of its expenditure and income during the next succeeding financial year.

S.11 Relationship with other Bodies

The Commission shall maintain liaison with the private sector, labour unions, universities, research institutions, Non Governmental Organizations and such other bodies as may assist or be useful in promoting plan formulation, acceptability and implementation.

S.13 Representation on Boards and Governing Councils of certain Bodies

The Commission shall be represented on the Boards and Governing Councils of such bodies as the Governor may decide.

PART VI – MISCELLANEOUS AND SUPPLEMENTARY

S.13 Transitional Provisions

(1) On the commencement of this Law:

(a) The Planning Department of the former Ministry of Economic Planning and Budget shall cease to exist and it functions shall be performed by the Commission.

(b) The Monitoring and Evaluation Department of the former Ministry of Economic Planning and Budget shall cease to exist and its functions shall be performed by the Commission.

(2) The existing staff of the defunct Ministry of Economic Planning and Budget as contained in Subsection (a) and (b) above and any Division transferred from the Ministry of Finance shall be absorbed by the Commission.

S.14 Regulations

The Commission may make regulations generally with the approval of the Governor for the purpose of giving effect to the provisions of this Law.

S.15 Power Of The Governor To Give Directives

Subject to the provisions of this Law, the Governor may give to the Commission directives of a general or specific nature or relating generally or specifically to matters of policy with regard to the exercise by the Commission of its functions and it shall be the duty of the Commission to comply with such directives.

S.16 In this Law, unless the context otherwise requires:

“Commission” means the State Planning Commission established by Section 1 of this Law.

“Commissioner” means a member of the Commission.

“Governor” means the Governor of Nasarawa State.

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

“Secretary” means the Secretary of the Commission.

“State” means Nasarawa State.

S.17 This Law may be cited at the State Planning Commission Law 2008.

SCHEDULE

PROCEEDINGS OF THE COMMISSION

(1) The Commission shall meet for the conduct of its business at such time, place and on such day as may be necessary but shall meet not less than four times in a year.

(2) At a meeting in which the Chairman or Deputy Chairman is not present, any of the Commissioners may be chosen by the members to preside over the meeting.

The Commission shall have power to regulate its proceedings and may make standing orders for that purpose and subject to any such standing orders and to paragraph 3 of this Schedule, it may function notwithstanding.

(a) Any vacancy in its membership or the absence of any member.

(b) Any defect in the appointment of a member; or

(c) That a person not entitled to do so took part in its proceedings.

The quorum at any meeting of the Commission shall be a simple majority of the members.
Where standing orders made under Paragraph 2 of this Schedule provide for the Commission to co-opt persons who are not members of the Commission, such persons may attend meetings of the Commission and advise it on any matter referred to them by the Commission but shall not count towards a quorum and shall not be entitled to vote at any meeting of the Commission.

COMMITTEES

The Commission may with the approval of the Governor appoint one or more Committees to advise it on the exercise of its powers and the performance of its functions under this Law and shall have power to regulate the proceedings of its Committees.

MISCELLANEOUS

(1) Any contract or instrument which if entered into or executed by a person not being a body corporate would not be required to be under seal, may be entered into or executed on behalf of the Commission by any person generally or specifically authorized to do so by the Commission.

(2) Any member of the Commission or of a Committee thereof, who has a personal interest in any contract or arrangement entered into or proposed to be considered by the Commission or a Committee thereof, shall forthwith disclose his interest to the Commission or the Committee, as the case may be and shall not vote on any question relating to such contract or arrangement.

(1) The common seal of the Commission shall not be used or affixed to any document except in pursuance of a resolution duly passed at a properly constituted meeting of the Commission and recorded in the minutes of the meeting.

(2) The fixing of the seal of the Commission shall be authenticated by the signature of the Chairman or some other member authorized generally or specifically by the Commission to act for that purpose.

(3) Any document purporting to be a document duly executed under the seal of the Commission shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.

Find other laws of Nasarawa State, Nigeria HERE