NASARAWA STATE HOTELS AND TOURISM BOARD EDICT, 1998

 

State Laws

Attorney-General

State Website

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NASARAWA STATE HOTELS AND TOURISM BOARD EDICT, 1998

NASARAWA STATE OF NIGERIA

EDICT NO.10 OF 1998

ARRANGEMENT OF SECTIONS

1. Citation and commencement
2. Interpretation

PART II – ESTABLISHMENT, FUNCTION, CONSTITUTION AND POWER OF THE BOARD AND THE COMMITTEE.

3. Establishment
4. [Composition of the Tourism Board]
5. [Chairman and Members of the Agency]
6. Board may obtain advice from any person
7. Constitution and proceedings of the Board
8. Functions of the Board
9. Power to set up any suitable company
10. Board to provide support to the Trust Fund
11. Establishment of Local Government committee
12. Commissioner may give directives to the Board
13. [Power of Commissioner to make Regulations]

PART III – FINANCIAL PROVISIONS

14. Funds of the Board
15. [Power to Borrow]
16. Guarantee of borrowing by the board
17. Payment by government in fulfillment of guarantee
18. Sums received by the Board
19. Board to keep usual accounts
20. Accounts to be audited each year

PART IV – ACCOUNTS AND REPORTS

21. [Accounts]
22. [Auditing of Accounts]
23. [Annual Report]

PART V – POWER IN RELATION TO LAND

24. [Power to enter land]
25. [Notice to be given in relation to land]
26. [Damages arising from entry upon land]
27. [Acquisition of land by the Board]
28. [Grant of statutory right of occupancy to any person for tourism related development]

PART VI – MISCELLANEOUS

29. [General Manager of the Board]
30. [Secretary of the Board]
31. [Power of Board over officers of the Agency]
32. [Power to employ on secondment, transfer or attachment]
33. [Power to make regulations regarding to appointment, promotion, dismissal, etc of officers]
34. [Power to make rules regarding pensions, gratuities, retirement, etc]
35. [Power to delegate functions]
36. [Consideration of audited report and surcharges]
37. [Recovery of surcharge]
38. [Appeal against decision of Board]
39. [Contracts]
40. [Service upon Board of notice, order, etc]
41. [Commencement of suit against Board]
42. [Legal representation of Board]
43. [Powers of the National Assembly]

SCHEDULES

 

NASARAWA STATE HOTELS AND TOURISM BOARD EDICT, 1998

 

Enactment

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

 

Citation and commencement

1. This Edict may be cited as the Nasarawa State Hotels and Tourism Board Edict, 1998, and shall be deemed to have come into operation on 1st January, 1997.

Interpretation

2. In this Edict, unless the context otherwise requires;

          “Board” means the Nasarawa State Hotels and Tourism Board established under section 3 of this Edict;

          “Chairman” means the Chairman of the Board;

          “Commissioner” means the Nasarawa State Commissioner for Commerce, Industries and Tourism.

          “Committee” means the Local Government Hotels and Tourism Committee established under Section 11 of this Edict.

          “Corporation” means the Nigerian Tourism Development Corporation, established by Decree 81 of 1992;

          “Decree” means Nigerian Tourism Development Corporation Decree No.81 of 1992.

          “General Manager” means the Chief Executive of the Board;

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

          “State” means Nasarawa State of Nigeria.

          “Trust Fund” means Nasarawa State Hotels and Tourism Endowment Trust Fund.

 

PART II: ESTABLISHMENT, FUNCTION, CONSTITUTION AND POWER OF THE BOARD AND THE COMMITTEE.

Establishment

3. There is hereby established for Nasarawa State of Nigeria, a body known as the Nasarawa State Hotels and Tourism Board with perpetual succession and a common seal and shall have power to sue and be sued in its corporate name and acquire, hold and dispose of any movable or immovable property. 

[Composition of the Tourism Board]

4. (1) The Tourism Board shall consist of Chairman, being a person of proven ability in Commerce, Industry and Tourism to be appointed by the governor and the following other members that is:
5. a) A representative each of the State Ministry of:
6. Commerce, Industry and Tourism,
7. Agriculture and Natural Resources and

                   iii.      Land, Survey and Town Planning.

1. b) Two representatives of relevant trade groups in tourism industry, appointed by Commissioner for Commerce, Industry and Tourism,
2. c) A representative of the Nasarawa State Chambers of Commerce, Industry, Mines and Agriculture,
3. d) The General Manager of the Board.

(2)     Subject to the provisions of this Edict, a person appointed a member of the Board not being an ex-officio member shall hold office for a period of three years from the date of his appointment and may be reappointed for a further period of two years. The Military Administrator may at any time remove the chairman or a member from office for any good reason particularly if he;

1. a) Has been absent from three consecutive meetings of the Board without the permission of the Chairman or the Military Administrator, in the case of the Chairman; or
2. b) Is otherwise unable or unfit to discharge his functions.

[Chairman and Members of the Agency]

5. (1) The Military Administrator may direct that each member shall be entitled to such salary, fees or allowances for travelling or other expenses as he may from time to time determine.

(2)     Where the Chairman or a member is temporarily incapacitated by illness from performing the functions of his Office or is temporarily absent from the State, the Military Administrator may appoint any person to hold temporarily the office held by such incapacitated chairman absence and all the functions of a member shall devolve upon the person so temporarily appointed.

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

Board may obtain advice from any person

6. Where the Board desires to obtain the advice of any person upon any matter, the chairman may co-opt such person to be a member of such meeting or meetings as may be required, and such person shall, when so co-opted, have all the rights and privileges of a member, save that he shall not be entitled to vote upon an question or counted towards a quorum.

Constitution and proceedings of the Board

7. The Constitution and proceedings of the Board shall be regulated in accordance with the provisions of the first schedule of this Edict.

Functions of the Board

8. The functions of the Board shall be:

(a)     to assist the Corporation on the implementation of the Nigeria Tourism Development Corporation Decree;

(b)     to recommend to the Corporation such other measures as may be necessary in the opinion of the Board to enable full effect to be given to the provisions of the Decree and this Edict;

          (c)     in consultation with the Corporation;

(i)      device and carry out schemes aimed at encouraging Nigerians and residents in Nigeria to visit the State,

                   (ii)     identify, preserve, protect and develop tourism assets and resources;

          (d)     to coordinate the activities of tourism agencies in the State;

          (e)     to perform such other function as may be assigned to it by the Corporation;

(f)      to encourage the provision and improvement of tourist amenities, and facilities in the State including the development of hotels and ancillary services;

          (g)     to provide any advisory information services on tourism;

          (h)     to promote and conduct research in the field of tourism as it affects the State’s economic development;

(i)      to consult and cooperative with appropriate Federal, State, Local Governments and private organizations on ways of improving the tourist programme of the Board and coordinate with these authorities in achieving the functions of the Board;

(j)      to accept Federal, State and Local Government funds for the development of tourism in the State and to receive donations, gifts and dedications or any form of property towards the achievement of the objectives of the Board;

          (k)     to promote the development in the State of:-

(i)      A sub-system of national parks including natural areas, historical sites and recreational areas which are declared to be of state and national importance and acclaim;

(ii)     A system of state-parks, which are duly approved and declared as such by the Military Administrator;

                   (iii)    Game and fish reserves and wild-life refuges;

                   (iv)    lakes for swimming, fishing and water contact activities,

                   (v)     natural scenic areas,

                   (vi)    holiday resorts and amusement parks;

                   (vii)   souvenir industries;

                   (viii)   monuments, ethnic museums and commemorative plaques; and

(ix)     To carry out any undertaking which appears to the Board to be necessary for the promotion and development of tourist industry in the State and to do such other things as are incidental to or conducive to the exercise of the function of the Board under this Edict.

Power to set up any suitable company

9. The Board may set up any suitable company or join any company for the purpose of tour operation, travel agency, hotel operations, entertainment, recreation and any business that may commercialize any aspect of the functions of the Board in section 8 of this Edict as may be approved or directed by the Military Administrator.

Board to provide support to the Trust Fund

10. The Board shall provide to the Trust Fund with necessary professional and technical support whenever the need arises.

Establishment of Local Government committee

11. (1) There is hereby established for each Local Government Council of Nasarawa State, a committee called the Local Government Hotels and Tourism Committee.

(2)     There shall be appointed a secretary for the committee, who shall be a professional Tourism officer and the Head of Department Tourism in the Council.

(3)     The Local Government Council shall upon the commencement of this Edict, pass a Bye-law establishing the committee in accordance with section 10(1) of the Decree.

Commissioner may give directives to the Board

12. (1) The Commissioner may with the approval of the Military Administrator give to the Board directions of a general or specified character as to the exercise and performance of their functions, the Board shall give effect to such directions.

(2)     The power conferred by subsection (1) on the commissioner shall include power to give directions in writing prohibiting or limiting any expenditure proposed to incurred by the Board which appears to the commissioner to be excessive or unnecessary.

(3)     The Board shall afford to the Commissioner facilities for obtaining information relating to the assets and liabilities and functions of the Board and shall furnish him with the returns, accounts and other information relating thereto, and shall afford to him facilities for verification and information furnished in such times as he may require, in writing.

[Power to make Regulations]

13. The commissioner may with the approval of the Executive Council make regulations generally for the purpose of giving effect to the provisions of this Edict and may in particular without prejudice to the Decree and the generality of the foregoing provisions make regulations:-
14. a) to implement sections 20 of the Decree within the State;
15. b) prescribing rules and standard to be observed by all tourism clubs, associations and societies in the State;
16. c) requiring tourism business establishments including learning institutions in the State to register with the Board;
17. d) for the registration of tourists arrivals and hotel guests by the Board.
18. e) for the Board to charge any appropriate fees and rates as to the discharge of the foregoing.

 

PART III – FINANCING PROVISION

Funds of the Board

14. (1) The funds and resources of the Board shall consist of:
15. Such monies as may be allocated to the Board in the State Budget and such monies as may be granted or lent from time to time to the Board by the Government of the State.
16. Such monies as may from time to time be lent or granted to the Board by the Trust Fund.
17. Such monies as may be received as profits or part of it thereof from the operation of the business of the Board under section 9 of this Edict;
18. Such monies or other property whatsoever, as may from time to time advanced by way of donations or gifts to the Board directly or otherwise by any local authority, Local Government or statutory body in the State, any other Government in Nigeria or any agency or institution of Government, and any international organization or any person whatsoever;
19. All property and investments acquired by or vested in the Board including all monies paid in respect of the purchase of stock of the Board and monies earned arising therefrom;
20. All monies (whether fees, rates or charges or otherwise) or other property whatsoever which may in any manner become payable to or vested in the Board in respect of its powers and duties or of any matter incidental thereto under this Edict or by virtue of the provision of any Law;
21. Any property which may from time to time be received by or falling due to the Board;
22. Such monies as may from time to time be lent or granted to the Board by any person(s).
23. The Board shall apply such funds as provided in subsection (1) of this section in accordance with this Edict and with the terms or conditions upon which such monies may be obtained, given or derived or upon conditions as may be attached to its appropriation.

[Power to Borrow]

15. (1) The Board may, with the consent of the Military Administrator borrow, whether by way of mortgage or otherwise, any in such terms of money as may be required in the exercise of its functions under this Edict or any other written Law.

(2)     There may be attached to any consent to borrow under subsection (1) a condition that such money shall be utilized for a specific purpose or purposes.

(3)     Person lending money to the Board shall not be bound to inquire whether the borrowing of money is within the powers of the Board.

Guarantee of borrowing by the board

16. (1) The Government may by the undertaking of the State Commissioner for Finance in such manner and on such conditions as he may think fit, guarantee the repayment of the principal and the interest of any borrowings of the Board under and in accordance with section 15 of this Edict and such sum required for the fulfillment of any such guarantee shall be charged on and issued out of the Consolidated Revenue Fund of the State and shall be a statutory expenditure.

(2)     As soon as practicable, after entering into any guarantee of the borrowing by the Board the State Commissioner for Finance shall lay a statement before the Executive Council of the State setting out the particulars of such guarantee;

Payment by government in fulfillment of guarantee

17. Whenever the Government has paid any sum of money in fulfillment of any guarantee given by the Government in accordance with the undertaking of the State Commissioner of Finance under section 16 above, it shall be entitled to charge interest on such sums of money to the Board, such interest may be charged at such rates and for such period as the Government may determine, in such amounts and in such manners as the State Commissioner for Finance may from time to time direct.

Sums received by the Board

18. All sums received by the Board shall be credited to the funds of the Board.

Board to keep usual accounts

19. The Board may, from time to time, invest monies standing to its credit, and not for the time being required for the purpose of its functions, in securities approved either generally or specifically by the Military Administrator and may from time to time vary or sell such investments.

Accounts to be audited each year

20. (1) The Board may apply funds at its disposal to its own expenses including the remuneration and expense of its members in respect of their duties as members and the payment of salaries, allowances, pension, gratuities and retiring benefits of its officers and servants.

(2)     The Board may incur expenditure necessary for or incidental to the carrying out of any function or power conferred upon it under this Edict.

 

PART IV – ACCOUNTS AND REPORTS

[Accounts]

21. The Board shall keep all the usual accounts in relation thereto including an income and expenditure account and a balance sheet.

[Auditing of Accounts]

22. (1) The accounts of the Board for each year shall be audited within ninety days or such longer period as the Military Administrator may in any particular case direct after the end of that year and shall be the subject of a report by the auditor.

(2)     The said annual statement of accounts shall be audited by an auditor or auditors to be appointed annually by the Board after consultation, with the Director of Audit of the State and the Board shall pay to the auditor or auditors such remuneration as may be fixed by the Board.

(3)     As soon as the accounts of the Board have been audited as provided by subsection (1) of this section, the Board shall send through the Commissioner to the Military Administrator a Copy of the income and expenditure account and the balance sheet together with the report of the auditor or auditors on the activities of the Board.

[Annual Report]

23. (1) Not later than four months after the end of each financial year the Board shall forward to the Military Administrator through the Commissioner its annual report together with a certified copy of its audited accounts.

(2)     Every annual report made by the Board under subsection (1) of this section shall contain particulars of all directions given under this Edict by the Military Administrator to the Board during each financial year.

(3)     The Military Administrator shall lay a copy of every such annual report, statement of accounts and auditor’s report before the Executive Council of the State.

(4)     Before the commencement of each financial year, the Board shall prepare an estimate of its revenue and expenditure for that financial year and submit the same to the Military Administrator for his approval; and the Governor shall have power to disallow or reduce any provision under any item in the estimates, as he may consider necessary.

 

PART V – POWER IN RELATION TO LAND

[Power to enter land]

24. (1) Whether it appears to the Board that any land in the State is likely to be needed for the purpose of carrying out its functions and powers set out under this Edict it may by its servant or agents together with all necessary workmen enter upon any such land and;
25. a)      (i)     Survey and take levels of the land;

                             (ii)     dig or bore under the subsoil;

                             (iii)    do all other acts necessary to ascertain whether the land is suitable for such purpose;

1. b) Clear, mark and set out the boundaries of the land in respect of which it is proposed to make an application under subsection (1) of section 27; provided that no such agent or workman shall enter any building or upon any enclosed court or garden attached to any dwelling house (except at least seven days notice of the intended entry has been given to the occupier);
2. c) construct, place, maintain, examine, repair, alter or remove any installation belonging to the Board or all such trees and underwood as may interfere or to be likely to interfere with the construction or proper working of any installation.

(2)      Save as otherwise specially provided by section 27 of this Edict the Board shall, when practicable, give notice to the occupier of any land on which it is intended to enter.

(3)      For all or any of the purposes aforesaid, such officers, agents, workmen or other servants may remain on any such land for such reasonable time as may be necessary.

(4)      Any installations placed across, over or under any road shall be placed so as not to interfere with that passage along such road, and the Board, shall make good any road opened or broken up for the purposes referred to in subsection (1) of this section.

(5)      As soon as may be convenient after an entry made under subsection (1) of this section, the Board shall pay compensation for any damage arising out of the exercise of any power conferred by that subsection.

          In the case any dispute as to the amount of any compensation payable under this section the amount may be determined in accordance with the provisions of the Land Use Act, 1978 and existing policy directives.

[Notice to be given in relation to land]

25. (1) Before constructing any installation across any land or attaching any fixture to any building the Board shall when practicable, serve on the occupier of such land or building such notice as is referred to in section 27 subsection (2) which notice shall be in writing giving a description of the nature of the line or fixture and the manner in which it is intended to be constructed or attached.

(2)      If within thirty days after the service of such notice the occupier fails to lodge an objection with the Board in writing to the work specified in the notice, the Board may proceed with that work.

(3)      If the owner of any land or building across or on which an installation or fixture has been constructed or attached requires the position of such installation to be altered, the Board may alter the position subject to such conditions as it may deem fit.

[Damages arising from entry upon land]

26. In the exercise of the powers conferred by section 25 of this Edict, the Board through its officers and servants shall do as little damage as may be and the Board shall not pay any compensation for any damage done to any building, crops or economic trees.

[Acquisition of land by the Board]

27. (1) Whenever there is a need for acquisition by the Board of any land acquired for the purposes of carrying out its functions and powers as set out in this Edict the State Commissioner for Land or any person authorized by the Military Administrator may, upon the application of the Board and after such inquiry as he may think fit, declare that the land is required for the service of the Board.

(2)     Upon such declaration being made, the land to which it relates shall be deemed to the required for public purposes within the State and within the meaning of the Land Use Act, 1978 and the Military Administrator may cause action to be taken under the Land Use Act, for acquiring the Land for the government.

(3)     The compensation, if any, payable under Land Use Act, 1978 for the acquisition of any land under this section shall be paid by the Board.

[Grant of statutory right of occupancy to any person for tourism related development]

28. Any person or persons requiring land in the State for any tourism related development shall make such intensions known to the Board, and the Board shall make necessary recommendation to the State Bureau for Land, Survey and Town Planning before the application for statutory Right of Occupancy is granted.

 

PART VI – MISCELLANEOUS

[General Manager of the Board]

29. (1) The Military Administrator shall appoint a fit and proper person being qualified and experienced in                 tourism as the General Manager of the Board upon such terms and conditions as to remuneration or                  otherwise as the Military Administrator may determine.

(2)     The General Manager shall be the Chief Executive and Member of the Board and shall attend all the meetings of the Board and has ultimate responsibility for carrying out its policies and decisions in accordance with the provisions of this Edict.

(3)      The Board shall appoint qualified, experienced and suitable persons as head of departments of the management of the Board not below Management level and upon such terms and conditions as the Board may deem fit.

[Secretary of the Board]

30. (1) Subject to section 14 of the Decree, there shall be appointed by the State Commissioner for            Commerce, Industry and Tourism with the approval of the Military Administrator, a Secretary to the Board.

(2)     The Secretary to the Board, who shall not be a member of the Board, shall be a legal practitioner with not less than seven years post-call experience.

          (3)     The Secretary shall:

1. a) keep the records and conduct the correspondence of the Board.
2. b) perform all legal and constitutional matters related to the functions of the Board; and
3. c) perform such other duties of a secretarial nature as the Board or as the case may be the General Manager of the Board may from time to time direct, and shall be a member of the Management Board.

[Power of Board over officers of the Agency]

31. Subject to the provisions of this section, the Board shall have power to appoint and exercise disciplinary control over any of its officer, servants or agents for the due discharge of its functions under this Edict and to determine their terms and conditions of services as to remuneration or otherwise.

Provided that the conditions of service of the officers, servants or agents shall be the same as applicable for the time being in the public service of the State.

(1)     There shall be a Management Committee which shall comprise of all departmental heads to be chaired by the General Manager and shall be charged with the responsibility for making appointments, promotions and disciplinary control over all junior officers of the Board earning salary from grade levels 01 – 06.

(2)     The Board shall subject to directives from the Military Administrator have power to grant pensions, gratuity or retiring allowances to its officers or servants and may require officers and servants to contribute to any pensions contributions scheme.

[Power to employ on secondment, transfer or attachment]

32. The Board may employ on Secondment, transfer or attach such officers of the public service of the State or in the service of any other State, Local Government, or Federal Government or Nigeria as and may, with agreement of such officers concerned in accordance with the procedure applicable to secondment, transfer and attachment of such officers.

[Power to make regulations regarding to appointment, promotion, dismissal, etc of officers]

33. The Board may with the approval of the Military Administrator and subject to the provisions of the Law make regulations with respect to appointment, promotion, transfer, attachment and dismissal of and exercise of disciplinary control over its employees, and without prejudice to the generality of the foregoing provisions, make regulations for any of the following matters:
34. a) the qualifications to be required for any appointment;
35. b) the method of appointment (including probation and confirmation);
36. c) the form of any agreement to be entered into between the Board and its employees;
37. d) the terms and conditions of service (including dismissal and termination of appointments) of its employees;
38. e) the procedure and requirements for promotion;
39. f) the maintenance of discipline (including dismissal and termination of appointment);
40. g) the transfer of employees between the Board and the Government, the government of any other State, Local Government or the Federal Government of Nigeria, or any other Statutory body; and
41. h) Such matters relating to department procedure and duties and responsibilities of employees as the Board consider can be best provided for any regulations.

[Power to make rules regarding pensions, gratuities, retirement, etc]

34. The Board may, with the approval of the Military Administrator, make rules with respect to its employees, for:
35. a) the pensions, gratuities, and retirements allowances to be granted to pensionable employees of the Board and their dependents.
36. b) the gratuities, and retirements allowances to be granted to non-pensionable employees of the Board and their dependants.

[Power to delegate functions]

35. The Board may perform any of its functions through or by any of its officers, servants or agents duly authorized by the Board in that behalf;

[Consideration of audited report and surcharges]

36. (1) Where, upon considering an audit report on accounts or in any other case, the Board is satisfied that in respect of the functions of the Board this edict;-

(a)     Any sum due to the Board has not been duly brought to account by any person by whom such ought to have been brought into account; or

(b)     Any loss of or deficiency in the moneys loss or destruction of any other property of the Board has occurred by an act of any person, the Board may surcharge the amount of such sum, loss or deficiency, or of the value of the property lost or destroyed, upon the person aforesaid whether he be a member of the Board or an officer or other employee or agent of the Board.

(2)     If the Board decides to surcharge any amount upon any person under subsection (1) it shall cause a notice to be served upon him, to pay the amount surcharged within such period from the date of the service of the notice as may be specified therein.

[Recovery of surcharge]

37. Any amount certified as a surcharge in accordance with the provisions of subsection (1) of section 36 shall be a debt due to the Board, and may be recovered in any court of competent jurisdiction at suit of the Board.

[Appeal against decision of Board]

38. (1) Any person who is aggrieved by any decision of the Board to surcharge any amount upon him may appeal to the Military Administrator.

(2)     The Military Administrator on such appeal shall have power to confirm, verify or quash the decision of the Board and/or give such directions as he may deem fit in the matter.

[Contracts]

39. (1) The Board may enter into such contracts as may be necessary or expedient for the carrying out of its functions under this Edict.

(2)      Any contract or instrument which, if entered into or executed by a person not being a body corporate would not require to be under seal may be entered into or executed on behalf of the Board by any person generally or specially authorized by the Board for that purpose.

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

[Service upon Board of notice, order, etc]

40. Service upon the Board of any notice, order or other document may be effected by delivering it or sending it any registered post addressed to the General Manager of the Board at the head office of the Board.

[Commencement of suit against Board]

41. No suit shall be commenced against the Board until one month, at least after written notice of intention to commenced the same shall have been served on the Board by the intending plaintiff or his agent and such notice shall clearly and explicitly state the cause or action, the particulars of the claims, the name and place of abode of the intending plaintiff and the relief which he intends to claim.

[Legal representation of Board]

42. (1) In any suit by or against the Board, the Board may be represented in court at any stage of the proceedings by:

(a)     a legal practitioner, or

(b)     a servant of the Board authorized in that behalf by the General Manager;

(2)      In this section, “Suit” includes any action or any civil proceeding commenced by a writ of summons or in such other manner as may be prescribed by rules of court, but does not include criminal proceedings.

[Powers of the National Assembly]

43. Nothing in this edict shall be deemed to infringe upon the constitutional authority of the National Assembly for the establishment and regulation of authorities for the Federation or any part thereof regulate tourist traffic, that is, in respect to the NTDC Decree of 1992. Save as provided in section 1-43 above, the Federal Government interest in the regulation of tourist traffic within Nasarawa State and affecting visitors to Nasarawa State shall prevail over regulations of the Board whenever a conflict may exist.

 

 

FIRST SCHEDULE

1. (1) Board shall hold such and so many meetings as may be necessary for the fulfillment of its functions, so however, that it shall hold at least four meetings every year.

          (2)     At a meeting of the Board;

(a)     The chairman shall, if present, be chairman of the meetings.

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

(3)     Every question at a 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 division of votes the chairman of the meeting shall have a second or casting vote.

(4)     The Board may act not withstanding one or more vacancies among its members.

(5)     Any three members of the Board may bring a notice in writing signed by them requesting the Chairman to call a special meeting of the Board for the purposes set out in such notice and the Chairman shall thereupon call a special meeting.

2. A quorum at a meeting of the Board shall be two-thirds of the number of the members, howsoever that a fraction thereof shall be deemed to be a full number.
3. (1) The Board shall, as soon as may be practicable after its establishment, provide a common seal.

(2)     The common seal of the Board shall be authenticated by the signature of the Chairman or some other members thereof and the signature of an officer of the Board authorized by the Board to act in that behalf.

(3)     Judicial notice shall be taken of the common seal of the Board and every document purporting to be an instrument made by the Board and to be sealed with the common seal (purporting to be authenticated in accordance with section 3(2) of this schedule) shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown.

(4)     Subject to the provisions of this Edict the Board may regulate its own proceedings and may make a standing order for that purpose.

(5)     No act of proceedings of the Board shall be invalidated by reason only that:

(a)     there are some defects in the appointment of any person purporting to be a member of the Board; or

(b)     there is any vacancy among its members.

(6)     The board may delegate to the Chairman or a staff of the Board the affairs of the Board except the powers to:

(a)     approve or make any development of capital loan

(b)     make a standing order; or

(c)     do any act involving extra-ordinary expenditure.

4. Within the twelve months next after making of this Edict, the Commissioner, may if he thinks fit, order published in the Gazette additional transitional or saving provisions for the better carrying out of the objectives of this schedule.

 

MADE AT LAFIA, THIS 30TH DAY OF JULY 1998.

 

WING COMMANDER ABDULLAHI IBRAHIM
MILITARY ADMINISTRATOR
NASARAWA STATE

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LAWS OF THE FEDERATION OF NIGERIA