NASARAWA STATE URBAN DEVELOPMENT BOARD LAW

State Laws

Attorney-General

State Website

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NASARAWA STATE URBAN DEVELOPMENT BOARD LAW

LAWS OF NASARAWA STATE

 

ARRANGEMENT OF SECTIONS

 PART I: TITLE, COMMENCEMENT AND INTERPRETATION

  1. Citation and commencement
  2. Interpretation

PART II – ESTABLISHMENT, CONSTITUTION AND FUNCTIONS OF THE BOARD

  1. [Establishment]
  2. Appointment of part time Chairman and members
  3. Secretary
  4. Remuneration
  5. Delegation of functions
  6. Supplementary provisions
  7. Planning Area
  8. [Area Planning Office]
  9. [Zonal Offices to coordinate Area Planning Offices]
  10. Duties of the Board
  11. Power of the Board
  12. Demolition of illegal structure
  13. Appointment of zonal planning committee

 

PART III – FINANCIAL PROVISION, ASSETS AND LIABILITIES OF THE BOARD

  1. Governor vesting in the Board assets, etc
  2. Fund and resources
  3. Loan and grants by Government and advance account for Working capital
  4. Power to borrow money
  5. Debenture
  6. Investment of moneys

PART IV – ACCOUNTS AND REPORTS

  1. Annual Report
  2. [Powers of the Board over appointment and discipline of officers]
  3. Secondment of Employees
  4. Power to make regulations relating to employees of the Board
  5. Power to make rules relating to retirement benefits

PART V – MISCELLANEOUS

25.1.  Form of contract or instrument

  1. Validation Acts and Proceedings
  2. Legal Proceedings
  3. Protection of members and servants of the Board
  4. Notice of action against the Board or its servants
  5. Evidence of Board approval
  6. Signing of notice
  7. Service of notice and document
  8. General power of Board to pay compensation
  9. Compensation power of Board to be paid offender fpr damage caused by them
  10. [Power to enter into or upon any premises]
  11. [Power to give notice to any person to appear to give information]
  12. [Offence of obstructing, molesting any officer or emovng notice]
  13. Contravention of Regulation
  14. Disposal of fines and Damages
  15. Power of Board to make Regulations
  16. Exemption from stamp duties
  17. Service of Notices
  18. Power to amend
  19. Repeal

SCHEDULES

 

 

NASARAWA STATE URBAN DEVELOPMENT BOARD LAW

 

PART I: TITLE, COMMENCEMENT AND INTERPRETATION

Citation and commencement

  1. This Law may be cited as the Nasarawa State Urban Development Board Law and shall come into operation on the 18th day of March, 2009.

Interpretation

  1. In this Law, unless the context otherwise requires: –

“Appointed day” in relation to this Law or any part or section thereof means the date when this Law or the part or section in-  question as the case may be shall come into operation:-

“Board” Means the Nasarawa State Urban Development Board established under section 3;

“Chairman” means the Chairman appointed under sub-section (2) of section 4; “Permission” means a Right of Occupancy issued in respect of a plot of land by the Local Government Council or Ministry for Lands, Survey and Town Planning.

          “Financial Year” means the twelve months ending on the 31st day of December, in any year;

“Managing Director” means the managing Director appointed under Section 21 of the Law or any other person appointed for the time being by the Board to discharge the functions of the Managing Director under this Law;

          “Government” means the Government of the State;

          “Governor” means the Governor of Nasarawa State;

          “State” means Nasarawa State of Nigeria;

“Owner” includes joint owner, lessee, tenant for life and any other person in actual possession of premises of any tenure or description or the agent or Attorney of such a person who has an interest in or draws the rent;

          “Person” shall have the same meaning as in the Interpretation Act, 1990;

          “Right of Occupancy” shall have the same meaning as in the Land Tenure Law, 1963 and the Land Use Act 1978;

          “Local Government” means Local Government in the State;

“Structure” means and includes massage; building, tents, stalls, kiosks  tenements, heredittaments, drains, ditches, constructions or erections of any kind;

          “Member” means a member of the Board and includes the Chairman;

“Land” means land covered with water and also everything attached to  the earth or permanently fastened to           anything which is attached to the earth and also chattels real and tenures of every description and any  interest therein but does not include minerals.

 

PART II ESTABLISHMENT, CONSTITUTION AND FUNCTIONS OF THE BOARD

Establishment

  1. There is hereby established a Board for the Nasarawa State Urban Development Board which shall be a body corporate with perpetual succession and a common seal and which shall have power to sue and be sued in its corporate name and to hold and acquire any moveable or immoveable property and sell, lease mortgage or otherwise deal with any such property, and shall make reference only on policy issues that are beyond the Board’s competence.

Appointment of part time Chairman and members

  1. (1) The Board shall consist of a part-time Chairman and eight  other members to be appointed by the Governor who shall be persons possessed of the technical knowledge required to carry  out the functions of the Board and six ex-officio members as follows:

(a)     A representative of the Ministry of Works, Housing and Transport.

(b)     A representative of the Ministry for Local Government.

(c)     A representative of the Ministry of Finance.

(d)     The General Manager of the State Environmental Protection Agency;

(e)     The Surveyor General of the State.

(f)      A representative of the Ministry of Justice.

(2)     The Governor shall appoint by name or office a Managing Director to the Board, subject to confirmation of the House of Assembly, upon such terms and conditions as to remuneration or otherwise. The person so appointed shall be a member of the Board but shall have no voting power.

(3)     The Managing Director shall be the Chief Executive of the Board and shall all meetings of the Board and have ultimate responsibility in accordance with the provisions of this Law.

(4)     Any reference to Chief Executive under this law shall be deemed to be the Managing Director of the Board and all references to „Chief Operation Officer‟ shall be deemed to be the General Manager of the Board.

Secretary

(5)    There shall be a Secretary to the Board who shall be a seasoned administrator with technical and managerial capacity, who shall not be below the rank of a Permanent Secretary

(6)     No act or other proceeding of the Board shall be invalid by reason only of any defect in the appointment of any member

Remuneration

(7)     There shall be paid out of the funds of the Board to each member not being an officer in the Public Service of the State or an officer in the Service of any Local Administration, such remuneration, if any, whether by way of fees or allowances, as the Governor may determine.

(8)     A member shall not be personally liable for any act or omission or any  default of the Board so long as such act, omission or default is in the  course of the operations of the Board and in good faith.

Delegation of functions

  1. 1 The Managing Director may with the approval of the Governor, delegate to the Managing Director or any Officer of the Board the routine administration of the  affairs of the Board.
  2. Nothing in this section shall authorize the delegation of any power to make major decisions of policy in connection with the functions  of the Board, or to make standing orders or to authorize expenditure exceeding such amounts as may from time to time be fixed by the  Board.

Supplementary provisions

  1. The supplementary provisions contained in the Third Schedule shall have effect with respect to the Constitution and proceedings of the Board.

Planning Area

  1. The Areas specified in the First Schedule have been declared Planning Areas.

Area Planning Office

  1. (1) For each Planning Area, there shall be an Area Planning Office to be headed by a Registered Town Planning Officer.

Zonal Offices to coordinate Area Planning Offices

  1. The Area Planning Offices shall be coordinated by the Zonal Offices, each to be headed by a Zonal Manager.

Duties of the Board

  1. (1) It shall be the duty of the Board within the Planning Areas;

(a)     to administer, execute and enforce the provisions of any applicable Urban and Regional Planning Law, for which areas or area the Board has been appointed the Planning Authority under that Law and any other Law, and

(i)      generally, to plan, promote and secure the physical development, environmental and sanitation improvement of the State by acquisition, management and disposal of land and other property and carrying out building, engineering and other operations, and to execute works in connection with the performance of all the functions listed therein.

(ii)     To formulate, monitor, control and coordinate physical and regional development policies, plans, and activities;

(iii)    To ensure the proper sanitation of all Planning Areas to ensure the health, safety and cleanliness of such areas. And the Board may, with the consent of the Governor, make regulations pursuant to this function, and may set up a body to enforce such sanitation regulations;

(iv)    To carry on, in association with other bodies and persons (including companies, Government) or as managing agents, any activities which are necessary or desirable for the performance of its functions under this Law, and to provide technical, advisory or managerial advice and assistance or plant or machinery required for this purpose advice and assistance or plant or machinery required for this purpose.

(b)     (i)      to administer, execute and enforce the provisions of the Building Lines (Regulation) Law 1963 subject to the provisions of Section 2 of the said Law.

(ii)     Any reference to Chief Executive Officer under the said Law shall be deemed to be the Managing Director of the Board and all references to “Chief Operations Officer” shall be deemed to be the General Manager 5 of the Board.

(iii)    Designate Zonal/ Area Planning Offices for the purpose of implementation of policies and programmes.

(iv)    Initiate and handle all external aid and assisted programmes.

(c)     To exercise all the powers of the Local Authority under the Road Traffic Law 1963 and all references in the Law to Local Authority shall be deemed to be a reference to the Board.

(d)     To exercise the powers of the Town Council and the Local Authority under the Township Law 1963 and any reference to Town Council Authority shall at the appropriate places, be deemed to be reference to the Board.

(e)     To exercise all the power of the Local Authority under Cap. 109 the Public Health Law 1969 and Rules made thereunder. All references in the Law to Local Authority shall be deemed to be reference to the Board.

(2)     Terms defined in all the Laws specified in subsection (1) of this  section, shall in this law have the meanings assigned to those terms by the respective Law.

(3)     For the purpose of carrying out its functions under subsection (1) of this section, the Board shall deploy such number of its employees or appoint such committees as it deem fit to execute such of its functions in all the Planning Areas.

Power of the Board

  1. (1) Subject to the provisions of this Law, the Board shall, for purpose of carrying out its functions under this Law, have powers to carry on all activities which are necessary, advantageous or expedient

(2)     Without prejudice to the generality of the provisions of sub-section (1) the power of the Board shall include power:-

                   (a)     To enter into any contract necessary for the performance of any of its functions;

(b)     To prepare such regional and urban plans and improvement programmes as may be necessary or desirable for the performance of its functions 6 under this Law.

(c)     To plan and resettle persons displaced by the implementation of plans and projects of the Board or other bodies while acting as agents of the later;

                   (d)     To plan and establish new settlement

(e)      To contract and maintain roads, footways, bridges, drains, erosion control structures, sewers, street lights, traffic lights, parks, gardens,  and roundabouts, etc, within the State Capital and other designated Urban Areas in the State.

(f)      To establish or operate any commercial, industrial or agricultural undertaking, either directly, or through a body or person with which the Board is acting in association;

(g)     To assess and pay compensations arising from the execution of the projects of the Board or other bodies while acting as agents of the later;

(h)      To invest money standing to its credit, and not for the time being required for its purpose under this Law, in stocks, shares, debentures or other securities whatsoever approved by the Governor;

                   (i)      To accept or acquire and hold any security of any kind in any form whatsoever;

                   (j)      To insure its property against all forms of risks;

(k)      To grant permission to develop or erect any structure within the Areas specified in the First Schedule with or without conditions if the development or the erection of the structure will not constitute an injury or danger to health;

(l)       To levy and recover development charges, tenement fees, toll taxes and other fees or charges;

(m)     Nothing in this section shall be construed as authorizing the Board to engage in reckless ventures involving the improper expenditure of public funds or the transfer of public funds.

Demolition of illegal structure

  1. (1) Where it appears to the Board that within the Areas  specified in the First Schedule, an illegal structure is erected illegal structure the Board shall notify in writing the owner thereof to demolish the same within a period of 21 days.

(2)      If within the period stated in subsection (1) the owner fails to demolish the structure, it shall be lawful for the Board to demolish the structure at the cost of the owner.

(3)      No structure shall be declared illegal under this Law which has been in existence prior to the coming into operation of the First Schedule to this Law.

(4)     Where any area is subsequently declared a Planning Area in accordance with section 7 of this Law, no person possessing a Customary Right of Occupancy over any piece of land within such area shall be dispossessed of same.

Appointment of zonal planning committee

  1. (1) The Board may appoint subject to the Governor’s Appointment of approval Zonal Planning Committees for the purpose of zonal planning exercising and performing such of its functions as the Board committee may specify.

(2)     The Board may appoint subject to the Governor’s approval, Area Planning Committees for each of the 13 Local Government Areas in the State. The terms of office and remuneration of the members shall be as the Board may specify.

(3)     Any Committee appointed under this section may include persons who are not members of the Board but who posses such special qualifications or experience as in the opinion of the Board may prove beneficial to the work or purpose of the Board.

PART III- FINANCIAL PROVISIONS, ASSETS AND LIABILITIES OF THE BOARD.

Governor vesting in the Board assets, etc

  1. The Governor may by a notice in the Gazette, vest any Governor property in the Board and the provisions of this section shall vesting in the Board have respect to such property assets, etc

Fund and resources

  1. The funds and resources of the Board shall consist of: Funds and resources

(a)     All sums, investments or other property whatsoever vested in the Board under the provision of section 15. 8

(b)     All sums or such percentage of all sums collected by the Board in respect of each of the items in the Second Schedule as the Governor may determine;

(c)     Such sums or other property whatsoever as may from time to time be advanced by way of loan or grant to the Board by the Government;

(d)     Such sums or other property whatsoever as may from time to time to be advanced by way of loan or grant to the Board by any Township Authority, Local Government, any International Agency, any private foundation or any person whatsoever;

(e)     Any investments or other property whatsoever acquired by or vested in the Board and all money earned or arising there from;

(f)      All sums or other property which may in any manner whatsoever become payable to or vested in the Board.

Loan and grants by Government and advance account for Working capital

  1. (1) It shall be lawful for the Government to make to the Board;

(a)     grants of any sums or property as the Government Loan and grants by shall deem fit; Government and

(b)     Loans upon such terms as to repayment, payment advance account for or interest or otherwise as the Government may determine. Working capital

(2)      The Governor may if he deems it Funds and resources expedient so to do, waive in favor of the Board, any right of the Board or liability to the Government in respect of any property vested in    the Board by or under provisions of section.

(3)     The Board shall in respect of any monies (other than grants) Second schedule advanced by the   Government to provide working capital for the Board, create an advanced account in favour of the Government or an amount equal to the total sum of money so advanced.

(4)     The Advanced Account referred to in subsection (3) shall be subject to such condition as to interests and repayment as the Governor may from time to time determine.

Power to borrow money

  1. (1) Subject to the provisions of this section the Board may, by issuing debentures stocks or other securities, or in any other manner borrow sums required by it for meeting any of its obligations or discharging any of its functions under this Law.

(2)     The power of the Board to borrow shall be exercisable only with the approval of the Governor as to the amount of the loan, the sources the borrowing may be effected, and the approval given for the purposes of this sub-section may be either general or limited to a particular borrowing;

(3)     The approval of the Governor for the purposes of this subsection may be subject to such conditions, as may be specified.

(4)     A person lending money to the Board shall be bound to enquire whether the borrowing of the money is within the power of the Board and the Board shall so inform such a person in writing.

Debenture

  1. (1) If the Government makes any loan to the Board at any time in accordance with the provision of this Law, the Board shall, if so required by the Governor, issue to the Government a debenture for the sum of loan.

(2)     Debenture issued in accordance with the provisions of sub-section (1) shall bear interest at such rate, if any from such date as the Governor may specify.

Investment of moneys

  1. The Board may invest money standing to its credit and not for time being required for the purpose of its functions in Investment of stocks, shares, debentures or any other securities whatsoever, moneys and may deal with all or any of such securities

 

PART IV- ACCOUNTS AND FINANCIAL REPORTS

  1. (1) The Board shall:-

(a)     Cause to be kept proper accounts in respect of its functions under this Law and other records in relation hereto: and

(b)     Prepare in respect of each financial year a Statement of Accounts in such forms as may be approved by the Governor.

(2)     The said Annual Statement of Accounts shall be a fair and accurate statement of the financial position and of the result of the operation of the Board for the financial year 10  to which it relates.

(3)     The said Annual Statement of Accounts shall be audited by the Auditor or Auditors to be appointed annually by the Board with approval of the Auditor-General and remuneration to be paid to the Auditor or Auditors so appointed shall paid by the Board.

(4)     As soon as the said Annual Statement of Accounts has been audited as aforesaid, the Board shall forward to the Government a copy of the Statement of Accounts together with a copy of the report made by the Auditor.

(5)     Before the commencement of each financial year the Board shall prepare an estimate of its revenue and expenditure for that financial year and submit it to the Government for approval. Government shall have power to disallow or reduce the provisions under any item in the estimate, as it may consider necessary.

Annual Report

  1. (1) The Board shall, within six months after the end Annual Report of each financial year,make to the Government a report dealing with the activities of the Board during that financial year in such form and containing such particulars as government may form time to time direct.

(2)     Every annual report made by the Board under sub-section (1) shall contain particulars of all directions given under this Law by the Government to the Board during the financial year.

Powers of the Board over appointment and discipline of officers

  1. (1) Subject to the provision of this section, the Board shall have power to appoint and exercise disciplinary control over such other officers, servants and agents as it may think necessary for the discharge of its functions under this Law and to determine their terms and conditions of service as to remuneration or otherwise.

(2)     The exercise of the power vested in the Board by subsection (1) shall be subject to the provision of any regulations or rules that may be made under section 24 and 25 respectively.

Secondment of Employees

  1. The Board may employ on secondment or transfer such secondment of Officers of the Public Service of any other State, or Local Employees Government and may with the agreement of such officer be 11 seconded or transferred to the Service of the Board in accordance with the procedure applicable to the secondment or transfer of such officers.

Power to make regulations relating to employees of the Board

  1. (1) The Board may, with the approval of the Governor, and subject to the provisions of the Law, make regulations with respect to appointment, promotion, transfer and dismissal of and exercise of disciplinary control over its employees and without prejudice to generality of the foregoing provisions make regulations for the following matters:

(a)     The qualifications to be required for appointment:

(b)     The method of appointment (including probation and confirmation):

(c)     The form of any agreement to be entered into between the Board and its employees.

(d)      The terms and conditions of service (including without prejudice to the generality of that expression, the salaries and allowance, the grant of advance, the provisions of quarters, leave and medical treatment).

(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 Board and the Government of the State, any other State, or Local Government, or any statutory corporation: and

(h)      Dealing with the other matters relating to departmental procedure, duties and responsibilities of employees as the Board considers can be best provided for by regulations.

Power to make rules relating to retirement benefits

(2).     The Board may, with the approval of the Governor, make rules, with respect to its employees: Make rules

(a)      The pension, gratuities and retirement allowances to be relating granted to pension able employees of the Board and their dependants:

(b)      The gratuities and retirement allowances to be granted to retirement 12 non- pensionable employees of the Board and their dependants: benefits

(c )     All matters ancillary to the matters mentioned in paragraphs (a) and (b)of this section:

 

PART V- MISCELLANEOUS

Form of contract or instrument

  1. (1) Any contract or instrument which if entered into or executed Form of by a person not being a body corporate would not be required contracts to be under seal may be entered into and executed on behalf of or instrument the Board by the Managing Director or by any person generally or specially authorized by the Board for that purpose.

(2)      Any document purporting to be a document duly executed or issued under the Seal of  the Board or on behalf of the Board shall, unless the contrary is proved, be deemed be a document so executed or issued as the case may be.

Validation Acts and Proceedings

  1. (1) No act done or proceedings taken under this Law Validation shall be questioned on the ground merely of: Acts and Proceedings.

(a)     The existence of any vacancy in, or any defect in the constitution of, the Board, or

(b)     Any omission, defect or irregularity not affecting the merits of the case.

(2)     Every meeting of the Board, the minutes of the proceedings of which have been duly signed shall be taken to have been duly convened and to free be from all defect and irregularity.

Legal Proceedings

  1. The Managing Director may, with the approval of the Board: –

(a)     Compound any violation of this Law Legal

(b)     Compromise any claim made by or against the Board Proceedings

Protection of members and servants of the Board

  1. Any matter or thing done, and no contract entered Protection into by the Board and no matter or thing done by any of members member or by any servant of the Board or other persons and servants acting on the direction of the Board, shall if the matter of the Board or thing was done or the contract was entered into bonafide for the purpose of carrying out the provisions of this Law, subject the member or any of them or any such servant or other persons personally to any action, liability or claim

Notice of action against the Board or its servants

  1. No suit shall be instituted against the Board Notice of or any member or any person acting under the direction action against of the Board in respect of any act purporting to be done, the Board or or neglect of duty under this Law until one month next, its servants after a written notice had been delivered at the office of the Board or at the place of abode of such member or servant or other person stating the cause of action, the name and place of abode of the intending plaintiff and the relief which he claims, provided that this is without prejudice to the right of a person to institute a suit in accordance with any other Law.

Evidence of Board approval

  1. Whenever under the provisions of this Law the power or Evidence of right to do any act, or the consent of the Board or the Managing Board Director, a document signed by the Managing Director purporting to express such approval or consent shall be sufficient thereof.

Signing of notice

  1. (1) Every notice required or authorized by this Law or by any Signing of Regulations made thereunder to be served or given by or on behalf notice of the Board shall be signed by the Managing Director.

(2)     Any such notice shall be deemed to have been duly signed if it purports to bear the signature of the Managing Director.

Service of notice and document

  1. (1) Every notice, order or other document required or Service of authorized by this or any regulation made thereunder to be notice and served on any person may be served: document

(a)     by delivering same to such person or by delivering same at the abode where such person ordinarily resides or to some adult member or servant or his family: or

(b)     if the abode where such person ordinarily resides is not known, by forwarding same by registered post to such person at his last known place of abode or business: or

(c )    If the name of such person is not known, or if service cannot with reasonable diligence, be effected under paragraph (a) or (b) of this section, by fixing same on a conspicuous part of the premises in respect of which the notice, order, or other document is issued.

(2)     A notice, order or other document required or authorized by this Law, or any  regulations made there under to be served on the owner or occupier of any premises shall be deemed to be properly addressed if addressed by the description of the “owner” or “occupier” of such premises without further name or description.

General power of Board to pay compensation

  1. In any case not otherwise expressly provided for in this Law, the General Board may pay reasonable compensation to any person who Power of sustains damage by reason of the exercise of any of the powers Board to vested in this Board or in the Chairman or in an officer or servant pay of the Board by this Law or any Regulations made or scheme compensation sanctioned there under.

Compensation power of Board to be paid offender for damage caused by them

  1. (1) If on account of any act or omission any person Compensation has been convicted of any offence against this Law or any power of regulation made there under, and by reason of the same act Board to be or omission of the said Person, damage has occurred to paid offender any property of the Board, an order for compensation shall be for damage made against the said person for the said damage, caused by notwithstanding any punishment to which he may have them been sentenced for the said offence.

(2)      In the event of a dispute, the amount of compensation payable by the said person shall be determined by the Court before whom he was convicted of the said offence.

(3)     If the amount of any compensation due under this section be not paid , the same shall be recovered under a warrant from the said Court as if it were a fine inflicted on the person liable thereof.

Power to enter into or upon any premises

  1. Any person, authorized in writing by the Managing Director, may at all reasonable time after giving not less than three days notice to the occupier and to the owner, if the owner is known, of his intention, to enter into or upon any building or land situated in any area to which this Law applies:

(a)     For purpose of survey, examination and valuation necessary in order to determine whether any powers conferred on the Board under this Law should be exercised in respect of any building or land: or

(b)     The purpose of doing any act necessary to perform any duty imposed on the Board by the Law.

Power to give notice to any person to appear to give information

  1. (1) The Managing Director may issue a notice calling upon any person whom he had reason to believe is able to give any information respecting the ownership or the boundaries of land within a Town Planning Area, or in whose possession or powers any document relating to ownership or boundaries is alleged to be, to attend before him and give information or produce such document within two weeks at a place to be mentioned in the notice.

(2)     Any person on whom such notice is served shall be legally bound to attend and give such information or to produce such document as required by the notice.

Offence of obstructing, molesting any officer or Removing notice

  1. If any person unlawfully:-

(a)      Obstructs or molests any member of the Board, or any officer or servant of the Board, or any person with whom the Managing Director has entered into a contract on behalf of the Board in the performance or execution by such member, officer, servant, or person as the case may be, of a duty or of anything which he is empowered or required to do by virtue of or consequence of this Law, or any Regulation, or Scheme made thereunder, or

(b)     Removes any notice fixed by the Board on any premises, shall be liable to a fine of at least N10,000.00 (Ten Thousand Naira) or to imprisonment for six months, or to both or may be required to carry out any appropriate community service in lieu of the fine or imprisonment .

Contravention of Regulation

  1. Any person who:-

(a)      Acts in contravention of any regulation made under the Contravention provisions of this Law, or of Regulation

(b)      Being legally bound to comply with any lawful order, or with the Regulation contained in any notice served under this Law, or any Regulation made there under, refuses, or neglects to comply therewith, shall be deemed guilty of an offence and liable to a fine of at least N5000.00 (Five Thousand Naira) or to imprisonment for six months or to both. Or may be required to carry out any appropriate community service in lieu of the fine or imprisonment .

Disposal of fines and Damages

  1. All damages realized in cases in which prosecutions are instituted under this Law or any Regulations made there under shall be paid to the Board by the person liable.

Power of Board to make Regulations

  1. (1) It shall be Lawful for the Board subject to the provisions of this Law to make regulations with respect to: –

(a)     The furtherance of the provisions and purpose Power of any particular scheme. Board to make Regulations

(b)     Any other matter, which under this Law is required or permitted to be prescribed.

(2)     Regulations made under sub-section (1) shall be subject to the approval of the Governor who, before approving, may amend or alter them.

(3)     All regulations made under sub-section (1) shall after approval by the Governor be published in the Gazette and shall thereupon have the same force and effect as if they had been enacted therein, either immediately or as may be provided.

Exemption from stamp duties

  1. Stamp Duties under the provision of the Stamp Duties Act 1990 Exemption shall not be payable by the Board in respect of any instrument to from stamp which the Board is a party. duties

Service of Notices

  1. Service upon the Board of any notice, order, or other document Services of may be effected by delivering it or sending it by registered post Notices addressed to the Managing Director of the Board at its Head Office.

Power to amend

  1. The Governor may add to, reduce, or vary the First Schedule from such date as may be specified in such request.

Repeal

  1. The Narasawa State Urban Development Board Edict Repeal No. 8 of 1997 and the Karu Area Planning and Development Authority Law are hereby repealed.

FIRST SCHEDULE

The areas of Akwanga, Agbashi, Agwada, Agyaragu, Akpata, Angwan Zaria, Assakio, Awe, Azara, Doma, Gadabuke, Garaku, Giza, Kadarko, Karshi, Karu, Keana, Keffi, Kwarra, Lafia, Loko, Mada Station, Marraraban Gurku, Nasarawa, Nasarawa-Eggon, Obi, Panda, Toto, Udege, Umaisha, Wamba, to be delineated on plans to be signed by the Commissioner, Ministry of Lands Survey and Town Planning, to be deposited in the Office of the Surveyor-General, Lafia.

 

SECOND SCHEDULE

  1. Rates on property levied by any Rating Authority:
  2. Monies paid by Government in lieu of property rates.

THIRD SCHEDULE

  1. The Chairman shall hold office, subject to the provisions Tenure of of this Schedule, for four years from the date of his Office of appointment; but shall be eligible for re-appointment. Chairman for another single term of three years. and members
  2. Every member, other than the Chairman, shall hold office, subject to the provisions of this schedule, for four years from the date of his appointment, but shall be eligible for re-appointment for another term of four years only.
  3. If the Governor is satisfied that a member Vacation of the Board Office.

(a)      Has been absent from three consecutive meetings of the Board without the permission of the Governor.  In the case of the Chairman, or the Chairman is so satisfied in the case of any other member;

(b)      has become bankrupt, or made an arrangement with his creditors;

(c )     has been convicted of an offence involving or necessarily implying fraud or dishonesty and has undergone a sentence of imprisonment thereof;

(d)      is incapacitated by physical or mental illness from performing his functions as a member;

(e)      has such financial or other interest in the operations of the Board, or otherwise as in the opinion of the Governor is likely to affect prejudicially the discharge by him of his functions as a member; or 18

(f)      is otherwise unable or unfit to discharge the functions of a member; the Governor may revoke the appointment of such a member.

  1. A member may resign office as a member by notice in writing to the Governor and upon receipt of such resignation by the Governor the appointment of such a member shall cease.
  2. Notwithstanding the provisions of paragraph (3) the Governor may at any time remove any member from office.
  3. Where any member of the Board is temporarily incapacitated – Temporary by illness from performing the functions of his Membership 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. All the functions of such member under this Law shall devolve upon the person so temporarily appointed.
  4. Where upon any special occasion the Board desires to obtain the advice of any person on any particular matter, the Board may co-opt such a person to be a member for such meeting or meetings as may be required, and such a person whilst so co-opted shall have all rights and privileges of a member save that he shall not be entitled to vote on any question.
  5. (1) The Board shall hold such and so many meeting as Section 6 may be necessary for the due fulfillment of its functions Meeting so, however, that it shall hold at least four meetings every and year.
  6. At a meeting of the Board:-

(a)     The Chairman of the Board shall, if present, be the Chairman of the meeting.

(b)     If and so long as the Chairman of the Board is not present, or if the office of Chairman is vacant, the members of the Board who are present shall choose one of their members to be Chairman of the meeting.

  1. Every question at any meeting of the Board 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 divisions of votes, the Chairman of the meeting shall have a casting vote.
  2. The Board may act notwithstanding one or more vacancies among its members.
  3. Any three members of the Board may by notice in writing signed by them request the Chairman to call a special meeting of the Board for the purpose set out in such notice and the Chairman shall thereupon call a special meeting.

Quorum

  1. A quorum at a meeting of the Board shall be six members.

14      The Board shall, as soon as may be expedient after its Seal establishment, provide a seal to be      kept and used in ways to be determined by the Board.

Standing orders

  1. Subject to the provisions of this Law the Board may regulate its own proceedings and may make standing orders for their purpose.

 

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 18TH DAY OF MARCH, 2008

ALHAJI ALIYU AKWE DOMA, OON, OOM

Executive Governor

Nasarawa State of Nigeria

 

Find other laws of Nasarawa State, Nigeria HERE

 

 

LAWS OF THE FEDERATION OF NIGERIA 

 

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