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NASARAWA STATE HOTELS AND TOURISM BOARD EDICT, 1998
NASARAWA STATE OF NIGERIA
EDICT NO.10 OF 1998
ARRANGEMENT OF SECTIONS
PART II – ESTABLISHMENT, FUNCTION, CONSTITUTION AND POWER OF THE BOARD AND THE COMMITTEE.
PART III – FINANCIAL PROVISIONS
PART IV – ACCOUNTS AND REPORTS
PART V – POWER IN RELATION TO LAND
PART VI – MISCELLANEOUS
NASARAWA STATE HOTELS AND TOURISM BOARD EDICT, 1998
THE MILITARY ADMINISTRATOR OF NASARAWA STATE OF NIGERIA hereby makes the following Edict:-
Citation and commencement
“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.
[Composition of the Tourism Board]
iii. Land, Survey and Town Planning.
(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;
[Chairman and Members of the Agency]
(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
Constitution and proceedings of the Board
Functions of the Board
(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
Board to provide support to the Trust Fund
Establishment of Local Government 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
(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]
PART III – FINANCING PROVISION
Funds of the Board
[Power to Borrow]
(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
(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
Sums received by the Board
Board to keep usual accounts
Accounts to be audited each year
(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
[Auditing of Accounts]
(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.
(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]
(ii) dig or bore under the subsoil;
(iii) do all other acts necessary to ascertain whether the land is suitable for such purpose;
(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]
(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]
[Acquisition of land by 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]
PART VI – MISCELLANEOUS
[General Manager of the Board]
(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]
(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:
[Power of Board over officers of the Agency]
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]
[Power to make regulations regarding to appointment, promotion, dismissal, etc of officers]
[Power to make rules regarding pensions, gratuities, retirement, etc]
[Power to delegate functions]
[Consideration of audited report and surcharges]
(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]
[Appeal against decision of Board]
(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.
(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]
[Commencement of suit against Board]
[Legal representation of Board]
(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]
(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) 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.
MADE AT LAFIA, THIS 30TH DAY OF JULY 1998.
WING COMMANDER ABDULLAHI IBRAHIM