Delta Arts Council Law

1. Citation. This Law may be cited as the Delta Arts Council Law.

2. Interpretation. In this Law, unless the context otherwise requires- “the appropriate authority” means the member of a State Government for the time being charged with responsibility for cultural matters in the State; “arts” includes drama, dancing, drawing, painting, literature, music, poetry, sculpture and any other form of the art; [No. 5 of 1977.] “Chairman” means the Chairman of the Council; “Commissioner” means the Commissioner for Arts and Tourism; “Council” means the Delta Arts Council; “member” means a member of the Council and includes the Chairman; “Governor” means the Governor of the State; “State” means Delta State of Nigeria.

3. Establishment of the Delta Arts Council. (1) There shall be established in the State a council to .be known as the Delta Arts Council. (2) The Council shall be a body corporate with perpetual succession and a common seal and shall have power to sue and be sued in its corporate name and to acquire, hold and dispose of lands.

4. Constitution of the Council. (1) The Council shall consist of a chairman and not more than six other members who shall be appointed by the Governor. [No. 14 of 1978.] (2) The appointment of the Chairman and members shall be notified by publication in the State Gazette. The Chairman and members shall, subject to the pleasure of the Governor, hold office for a term of three years but may be eligible for re-appointment.

5. Organisation of the Council. (1) For purposes of administration, the Council shall- (a) have a governing body made up of all its members and its head office shall be located in the capital city of the State; [No. 27 of 1973, No. 14 of 1978.] (b) establish branches (hereinafter called “Local Government Area Arts Committees”) in each of the Local Government Areas of the State, the branches to be located at the headquarters of the respective local government areas. (2) Every Local Government Area Arts Committee shall consist of a chairman and not less than two and not more than four members. (3) Members of the Local Government Area Arts Committee shall be appointed by the Governor acting on the recommendation of the appropriate authority. (4) Four members of the Committee including the Chairman or in his absence the member presiding shall form a quorum.

6. Remuneration of members. There shall be paid to the Chairman and members including those of the Local Government Area Arts Committees such salaries, remuneration or allowances as the appropriate authority may from time to time determine. [No. 14 of 1978.]

7. Termination of office. (1) The Chairman or any member may resign his appointment by notice in writing under his hand addressed to the appropriate authority and upon the acceptance of such notice by the appropriate authority the appointment of such person shall cease subject to the Governor being duly informed by the appropriate authority. (2) For the avoidance of doubt, it is hereby declared that the seat of the Chairman or a member shall become vacant on the occurrence of any of the following events- (a) his death; (b) his inability resulting from any cause to discharge the functions of his office; (c) his conviction for a criminal offence involving fraud, dishonesty, or moral turpitude; (d) his resignation; (e) the dissolution of the Council; (f) his removal by the appropriate authority for which no reason need be given.

8. Power to co-opt. Whenever in the opinion of the Council it is expedient or desirable to obtain the services or advice of any person upon any matter the Chairman may co-opt such person to be a member at any such meeting of the Council 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 any question.

9. Procedure and meetings. (1) The Council shall hold meetings at least once in every three calendar months and whenever the Chairman is so requested in writing by not less than two members as well as at such other times as may be expedient for the transaction of its business-and such meetings shall be held at such places and times and on such days as the Council may determine. [No. 14 of 1978.] (2) The Chairman shall preside at every meeting of the Council at which he is present and in his absence the members present at the meeting shall by a simple majority of votes appoint one of the members to preside thereat. (3) Every decision or resolution taken or passed at a Council meeting shall be decided by a simple majority vote of the members present and voting and in the event of an equality of votes the Chairman or in his absence the member presiding shall have a casting vote in addition to his original vote. (4) Four members of the Council including the Chairman or in his absence the member presiding shall form a quorum. (5) Notwithstanding the provisions of subsection (1) of this section, any two members of the Council may, by notice in writing signed by them, request the Chairman to call a meeting of the Council for such purposes as may be set out in the notice. [No. 27 of 1973.] (6) Subject to subsection (4) of this section, the validity of any proceedings of the Council shall not be affected by any vacancy in the constitution of membership of the Council or by any defect or irregularity in the appointment of a member. (7) Subject to the foregoing provisions of this section the Council shall have power to regulate its proceedings and may make standing orders for such purpose. (8) Any member who is absent from two consecutive ordinary meetings of the Council shall submit his explanation in writing through the Secretary to the Council for its consideration, and if the Council is not satisfied with the explanation it may recommend to the appropriate authority that the member be removed from office and the appropriate authority may in writing declare the office of the member vacant: Provided that the Governor shall be duly informed by the appropriate authority of the removal. [No. 27 of 1973.]

10. Functions and powers of the Council. It shall be the duty of the Council, subject to the provisions of this Law- (a) to organise festivals of the arts at local and state levels and enter into and make arrangements for and generally take charge of the State’s participation in arts festivals; (b) to serve as the cultural centre of the State; (c) to organise exhibitions of the arts of the State; (d) to organise and conduct lectures, demonstrations and research on matters relating to the arts and culture of the State; (e) to publish or sponsor the publication of literature on the arts and culture of the State; (f) to select, sponsor and make necessary arrangements for the performance of dancing troupes, theatrical and similar clubs undertaking tours whether within or outside the State; (g) to manage the State’s Arts Theatre and to establish Art Galleries; (h) to make rules and regulations with respect to the holding of competitions in the arts and to award prizes therefor; (i) to work in co-operation and enter into arrangement with any other body engaged in or connected with the promotion of the arts and culture of the country or the organisation therefor; (j) to accept, hold and administer any subscriptions, gifts, grants or other such benefits for any purpose which may be advantageously concerned with the promotion of arts and culture in the State; and (k) generally to carry on such other activities and undertakings as in the view of the Council, may be directly or indirectly conducive to the attainment of the above functions or any of them, or otherwise calculated to promote the objects of the Council.

11. Directions of appropriate authority. The appropriate authority may as the circumstances may require give to the Council directions of a general or specific character with regard to the exercise and performance of its powers and functions under this Law and the Council shall give effect to such directions.

12. Appointment of staff and officers of the Council. (1) There shall be appointed to the Council an officer to be designated the Director of Culture who shall be the chief executive officer of the Council and who shall be responsible for the implementation of the policy of the Council and for the day to day running of the Council. (2) The Chief Cultural Officer shall be appointed by the Governor acting on the advice of the appropriate authority and he shall be directly responsible to and shall function under the control of the Chairman in the discharge and performance of his duties under this Law. (3) The Council shall have power, subject to extent Civil Services Rules and Regulations, and any other applicable Law, to appoint persons to hold or act in offices in the employment of the Council, including power to make appointments or transfers, and to confirm appointments, and to dismiss and exercise disciplinary control over persons holding or acting in such offices and power to appoint any person with special knowledge on arts or culture on contract.

13. Appointment of committees (1) Subject to the provisions of this Law, the Council may by resolution appoint one or more committees for any general or special purpose which in the opinion of the Council would be better regulated and managed by means of a committee and may delegate to any of the committees so appointed, with or without restrictions or conditions any function exercisable by the Council. (2) A committee may include persons who are not members of the Council: Provided that at least one-third of the members of every committee shall be members of the Council (3) A committee may regulate its own proceedings and may, with the approval of the Council, make standing orders for this purpose. (4) A committee shall submit minutes of its meetings to the Council at the next meeting of the Council following the committee meeting to which the minutes relate.

14. Protection of members. No member of the Council shall be liable in any suit or action brought against him for any act or default of the Council done or omitted to be done in good faith while engaged in the performance of his duties to the Council. [No. 27 of 1973]

15. Financial provisions. (1) The funds and resources of the Council shall consist of- (a) such sums as may be provided by the State; (b) such sums as may be borrowed by the Council in accordance with the provisions of section 17 of this Law; (c) all sums collected or received by the Council in the execution of this Law; and (d) all other sums or property of whatever kind which may in any manner become payable to or vested in the Council. (2) The Council shall not later than the 3lst day of September of every financial year, submit through the appropriate authority to the Governor for approval an estimate of its revenue and expenditure during the next financial year. [1973 No.27] (3) The receipts of the Council on Revenue Account in any financial year shall be applied in payment of the following charges: (a) the salaries, remuneration and other allowances payable to members of the Council; (b) the salaries, remunerations, pensions superannuation and other allowances and gratuities payable to the Director of Culture and the other officers and employees of the Council; (c) expenditure on the acquisition, maintenance and replacement of any property vested in the Council; (d) interest due on any moneys borrowed by the Council under section 17 of this Law; (e) such sums as may be required by the Council to be transferred to a sinking fund; (f) such sums as may be allocated6, to the general reserve established in accordance with section 16 of this Law; (g) grants for purposes conducive to the welfare of the officers and employees of the Council; (h) contributions to such charitable objects as the Council may, with the approval of the appropriate authority determine; (i) the purchase of books, equipment and other related materials for use by the Council; (j) such other charges that may be reasonably incurred by the Council in the performance of its duties under this Law. (4) Subject to the foregoing provisions of this section, the appropriate authority may, with the approval of the Governor, issue to the Council directives as to the purposes for which surplus funds may be applied.

16. General reserve. (1) The Council is hereby authorised to establish and maintain reserve, a general reserve into which shall be paid such sums of money as the Council may from time to time allocate. (2) The management of the general reserve shall be as the Council may, with the approval of the appropriate authority, determine: Provided that no part of the moneys comprised in the general reserve shall be applied otherwise than for purposes authorised by this Law.

17. Borrowing powers. (1) The Council may with the consent of the appropriate authority borrow by way of overdraft or otherwise such sums as the Council may require for meeting its obligations and discharging its functions under this Law and the sums aforesaid may be borrowed from the State Government or from such other persons and upon such terms and conditions as the appropriate authority may approve. (2) The Council may invest all or any portions of its funds in accounts such manner as the appropriate authority may approve.

18. Accounts. (1) The Council shall keep proper accounts of its transactions and other records relating thereto and shall prepare in respect of every financial year a statement of account in such form as the appropriate authority may determine. (2) The accounts of the Council shall be audited by professionals internal or external auditors appointed annually by the Council with the approval of the appropriate authority. (3) The Council shall soon after its accounts shall have been audited furnish the Governor and the appropriate authority with a copy of the statement of account together with a copy of the auditor’s report.

19. Annual Report. (1) The council shall prepare and submit to the appropriate authority not later than the 31st of March in every financial year an annual report in such form as the appropriate authority may direct on the activities of the Council during the last preceding financial year and every such annual report shall have annexed thereto a copy of the auditor’s report for that last preceding financial year. (2) The appropriate authority shall cause to be laid before the Governor as soon as may be a copy of every annual report submitted to him in accordance with this section. (3) Notwithstanding any information which may be contained in the annual report, the appropriate authority may by notice in writing served on the Chairman require the Council to furnish the appropriate authority with any information relating to such matters within the competence of the Council as may be specified in the notice.

20. Authentication of documents. (1) Any contract or instrument which if entered into and executed by a person not being a body corporate would not be required to be under seal may be made on behalf of the Council by the person generally or specifically authorised to act for that purpose by the Council. (2) Any document purporting to be a document duly executed or issued under the seal of the Council shall unless the contrary is proved be deemed to be a document so executed or issued as the case may be. (3) The seal of the Council shall be authenticated by the signature of the Chairman (or any member authorised by the Council) and the Secretary to the Council.

21. Regulations. The Council, with the approval of the Governor may make regulations for carrying into effect the provisions of this Law.