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NASARAWA STATE URBAN DEVELOPMENT BOARD LAW
LAWS OF NASARAWA STATE
ARRANGEMENT OF SECTIONS
PART I: TITLE, COMMENCEMENT AND INTERPRETATION
PART II – ESTABLISHMENT, CONSTITUTION AND FUNCTIONS OF THE BOARD
PART III – FINANCIAL PROVISION, ASSETS AND LIABILITIES OF THE BOARD
PART IV – ACCOUNTS AND REPORTS
PART V – MISCELLANEOUS
25.1. Form of contract or instrument
NASARAWA STATE URBAN DEVELOPMENT BOARD LAW
PART I: TITLE, COMMENCEMENT AND INTERPRETATION
Citation and commencement
“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
Appointment of part time Chairman and members
(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.
(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
(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
Area Planning Office
Zonal Offices to coordinate Area Planning Offices
Duties of the Board
(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
(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
(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
(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
Fund 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
(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
(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.
(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
PART IV- ACCOUNTS AND FINANCIAL REPORTS
(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.
(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
(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
Power to make regulations relating to employees of the Board
(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
(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
(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.
(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
Notice of action against the Board or its servants
Evidence of Board approval
Signing of notice
(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
(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
Compensation power of Board to be paid offender for damage caused by them
(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
(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
(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
(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
(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
Power of Board to make Regulations
(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
Service of Notices
Power to amend
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.
(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.
(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.
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.
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
Nasarawa State of Nigeria