Delta Agricultural and Rural Development Authority Law

DELTA AGRICULTURAL AND RURAL DEVELOPMENT AUTHORITY LAW

1. Citation. This Law may be cited as the Delta Agricultural and Rural Development Authority Law.

2. Interpretation. In this Law, unless the context otherwise requires - “Agricultural Development” means the development of agriculture under this Law; “Agriculture” includes horticulture, the use of land for any purpose of husbandry, inclusive of the rearing of livestock and poultry, the growth of fruits, vegetables, crops and the like and the use of land as grazing, meadow or pastures, orchard, osier land or for market gardens; “Authority” means the Delta Agricultural and Rural Development Authority established under section 3 of this Law; “Chairman” means the chairman of the authority appointed under this Law; “Auditor-General” means the Auditor-General of the State; “Financial year” means the same period of time recognised by the State Government as such; “Governor” means the Governor of the State; “Local Government” means a local government established under the Constitution of the Federal Republic of Nigeria in force at the material time. “Member” means a member of the Authority; “State” means Delta State of Nigeria.

3. Establishment of the Authority. (1) There is hereby established an authority for the purpose of integrated Development of Agriculture in the State, a body to be known as the Agricultural and Rural Development Authority. (2) The Authority shall be a body corporate with (i) perpetual succession and a common seal; (ii) power to sue or be sued in its corporate name; and (iii) power of holding, purchasing or otherwise acquiring and disposing of any property whether movable or immovable, for the purpose of carrying out its functions under this Law.

4. Membership of the Authority. The Authority shall consist of a chairman, who shall be appointed by the Governor together with the following members; (i) the Chief Agricultural Officer with responsibility for food crops matters in the Ministry of Agriculture and Natural Resources; (ii) the Chief Planning Officer in the Ministry of finance and Economic Planning; (iii) the Controller of Works and Services in the Ministry of Works and Transport; (iv) the Director, Federal Department of Agriculture and Rural Development or his representative; (v) the Project Manager of the Authority; (vi) the Head of the Federal Agricultural Co-ordinating Unit (FACU) and (vii) two members from the private sector one of whom shall be a livestock expert.

5. Tenure of office. The chairman and members shall hold office for a period of three tenure of years, subject to reappointment for another term.

6. Vacation of office. The office of a member shall become vacant if-- (i) he has completed his tenure of office; (ii) he resigns by writing under his hand addressed to the Governor; (iii) he has without leave of the chairman absented himself from three consecutive meetings of the Authority; (iv) he is adjudged bankrupt; (v) he is found to be insane or incapable of carrying out the duties of a member; and (vi) his appointment has been revoked by the Governor; (vii) he ceases to hold the office by virtue of which he became a member of the committee.

7. Chief Executive. (1) The Authority may, upon such terms and conditions as are approved by the Governor, appoint a professionally qualified Agricultural Scientist with sound experience in modern agriculture and rural development techniques as the Project Manager of the Authority. (2) The Project Manager shall be the chief executive of the Authority responsible for the execution of the policies of the Authority and the general management of its day today business and shall also carry out such other functions as the Authority may from time to time direct.

8. Secretary. The Authority may upon such terms and conditions approved by the Governor appoint a Secretary to the Authority.

9. Functions of the Secretary. (1) The Secretary shall conduct the correspondence of the Authority, keep proper records of the proceedings of the Authority and perform such of the other functions as the Authority may from time to time direct. (2) The Secretary shall be the chief administrative officer of the Authority.

10. Co-Option of members. (1) Where on any occasion the Authority is desirous of obtaining the advice of any person upon any matter the Authority may co-opt such a person to be a member of such meeting or meetings as the Authority may decide. (2) The person so co-opted may have all the rights and privileges of a member save that he shall not be entitled to vote upon any matter.

11. Presiding at meeting. (1) At any meeting of the Authority the chairman shall preside and if the chairman is absent or unable to preside the members present shall appoint one of their members to be the chairman. (2) The chairman at such a meeting shall have an original vote and where the votes are equally divided the chairman shall have a casting vote.

12. Quorum. At any meeting of the Authority five members present shall form a quorum.

13. Validity of proceedings. The validity of any proceedings of the Authority shall not be affected by any vacancy in the membership of the Authority or any defect in the appointment of a member or by reason that a person not entitled so to do has taken part in such proceedings.

14. Remuneration of members. The members other than ex-officio members shall be paid such remunerations and be subject to such terms and conditions as the Governor may from time to time approve.

15. Functions of the Authority. The functions of the Authority shall include the following: (i) provide farm inputs such as seed crops, seedlings, fertilizers, pest and weed control chemicals and machines and other services necessary for effective cultivation of food crops and the rearing of livestock and poultry: (ii) provide and maintain necessary infrastructure such as rural roads, water borehole, dams and irrigation facilities for agricultural development; (iii) facilitate the rapid development of the state’s agriculture by the dissemination of improved farming and farm management methods and practices to farmers; (iv) Maintain a vigorous, effective and result-oriented agricultural executive service.

16. Powers of the Authority. For the effective performance of its functions under this Law the Authority shall have the power to - (i) construct and maintain roads, rural water supply farm service centres and such other infrastructure necessary for the improvement of agricultural and rural development in the state; (ii) establish a Management Unit to provide the management structure, staff and support for the implementation of the project; (iii) establish a supply company for the procurement and distribution of agricultural products and inputs; (iv) set up training schemes to meet the technical needs of the project and develop a comprehensive staff development programme; (v) construct and maintain buildings and other works necessary for the discharge of its functions under this Law; (vi) enter into such contracts as it may deem necessary for the purpose of its functions; (vii) invest its funds not immediately required for its purposes in such securities and to dispose of such securities; (viii) borrow money internally for purposes of its functions under this Law and issue debentures and provide other securities in respect of loans; (ix) charge and collect such revenue duly accruing from its services; (x) make, draw or endorse negotiable instruments; (xi) engage and remunerate servants and agents to perform any of its functions upon such terms and conditions as the Authority may approve; (xii) do such other things as are reasonably incidental, supplemental or conducive to its functions under this Law or any other related enactment.

17. Acquisition of land. (1) For the purposes of section 28 of the Land Use Act, requirement of land, the Authority shall be deemed to have acquired the land for an overriding public purpose. LFN 1990 Cap. 202 (2) Where title to land has been conferred on the Authority by virtue of this section adequate and fair compensation shall be paid by the Authority to the previous title holders.

18. Funds. The funds of the Authority shall consist of: (i) such sums as may from time to time be granted by the Federal and the State Governments; (ii) such sums as may be collected or received by the Authority in the performance of its functions; (iii) such sums as may accrue to the Authority from its investments, and other sources; (iv) such sums or property as may from time to time be advanced by way of loans or grant to the Authority by any local Government, statutory corporation, agency or institution, international organisation, foundation or any other persons; and Provided that in the case of loan from an international organisation, the Governor’s prior approval shall be obtained. (v) all such other sums or property payable to or vested in the Authority under this Law or by virtue of any other enactment.

19. Vesting of Assets. On the commencement of this Law there shall by virtue of this Law and without further assurance vest in the Authority all the assets and liabilities of the Delta Agricultural Development Project (ADP) including - (i) all property moveable and immovable of whatever description; (ii) all rights, debts, liabilities and obligations arising in relation to the function of the Delta Agricultural Development project; (iii) all rights and obligations arising under any agreement, contract, deed or other instrument or cause in relation to the Delta Agricultural Development Project. (iv) the functions, powers, duties, assets and liabilities of the Delta Agricultural Programme are hereby vested in the Delta Agricultural and Rural Development Authority without further assurance.

20. Accounts. The Authority shall keep proper books of accounts in respect of Accounts each and every financial year and shall within three months after the end of each financial year cause the accounts thereof to be audited by an approved authority to be appointed by the Auditor- General of the State who shall make a report thereon.

21. Annual. The Authority shall as soon as may be reasonably possible after the end of each financial year submit to the Governor an annual report of its activities for that year and shall include in such report a copy of the audited account of the Authority together with the Auditor’s report thereon.

22. Contract. (1) Any contract or instrument which when entered into or executed by a person, not being a body corporate, may not be required to be under seal, may be entered into or executed on behalf of the Authority by the chairman or any person generally or specially authorised in that behalf by the Authority. (2) The affixing of the common seal of the Authority shall be authenticated by the signature of the chairman or some other member or person as may generally or specially be authorised in that behalf by the Authority.

23. Representation in Court. (1) In any suit the Authority may at any stage of the proceedings be represented in Court by a Legal Officer or any other competent legal practitioner. (2) For the purpose of this section “suit” includes action or any civil proceeding commenced by a Writ of Summons or on such other manners as may be prescribed by the Rules of Court but does not include criminal proceedings.

24. General Direction. (1) The Governor may give directions of a general or specific nature to the Authority with respect to the performance of its functions and it shall give effect hereto. (2) The Governor may by order confer on the Authority such additional power or functions as he may deem fit.

25. Standing orders. The Authority may make standing orders to regulate its own procedure and the conduct of its meetings or the meeting of its committee and may amend, vary or revoke such standing orders.