Delta Development and Property Authority Law

DELTA DEVELOPMENT AND PROPERTY AUTHORITY LAW

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

2. Interpretation. In this Law- "appropriate authority" means the member of the Government of the state for the time being charged with responsibility for Works and Housing; "authority" means the Delta Development and Property Authority established by section 3 of this Law; [1971 No. 26] "board" means the Board of the Authority established by section 4 of this Law; "chairman" means the Chairman appointed pursuant to section 4(1) of this Law; "financial year" means the period being on the 1st day of January in one year and ending on the 31st day of December in the same year; "member" means a member of the Board; "powers" includes duties and functions; "property" without prejudice to the generality of its meaning, includes anything in action, agricultural, commercial, educational residential, or industrial lands, building sites, building appurtenances and any interest in real or personal property, building or any estate or interest in land, funds, loans and accounts receivable, investment, lien, charge, claims and rights.

3. Establishment of the Authority. (1) There is established for the State an Authority to be known as the Delta Development and Property Authority. (2) The Authority 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 hold, acquire, develop, manage, and dispose of any property movable or immovable. (3) The seal of the Authority shall be authenticated by the signatures of the Chairman or the Managing Director or some other member of the Authority authorised by the Authority to act in his stead in that behalf, and of the Secretary to the Authority or some person authorised by the Authority to act in his stead in that behalf and a record shall be kept of every occasion on which the seal is used.

4. Establishment of the Board. (1) The Authority shall consist of a Chairman and seven (7) other members of whom one shall be the General Manager. (2) The Chairman and other members of the Authority except the General Manager shall be appointed by the Governor and shall hold office for period of three (3) years but shall be eligible for re-appointment. (3) All members of the Authority except the General Manager shall be appointed to serve as part-time members.

5. Board of exercise functions of the authority. The Board is the governing body of the Authority and shall in that capacity - (a) exercise all the functions and powers of the authority; (b) manage all the business, and keep and preserve all the property of the Authority; and (c) do or carry out all acts or things which the Authority by this Law or any other Law require to do or carry out.

6. Validity of Board’s proceedings. The validity of the proceedings of the Board shall not be affected by any vacancy among the members or any irregularity in the appointment of a member.

7. Tenure of office. Subject to the discretion of the Governor, a member, not being the Managing Director or Secretary shall hold office for three years and may be eligible for re-appointment for another term of three years. [No.11 of 1979]

8. Resignation The Chairman or a member may resign his appointment by writing under his hand addressed to the Governor and upon receipt of such letter of resignation by the Governor, the appointment of such person shall terminate.

9. Quorum. Three members of the Board, including Chairman or in the absence of the Chairman, any mémber elected by members present to act as Chairman, shall form a quorum.

10. Power to co-opt. Where upon any special occasion the Board desires to obtain the advice of any person on any matter, the Board may co-opt such person to attend the meeting at which his advice will be sought 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.

11. Meeting ofthe Authority. (1) The Board shall meet at least once in every three months. (2) Notwithstanding the provisions of subsection (1) of this section the Chairman may call a meeting ofthe Board at any time. (3) Any three members of the Board may, by notice in writing signed by them, request the Chairman to call a meeting of the Board for such purposes as are set out in such notice and upon receipt ofsuch a notice the Chairman shall summon a meeting. (4) The Chairman shall have an original vote and, When the votes are equally divided, a casting vote in addition to his original vote.

12. Appointment of a Managing Director. (1) There shall «be a Managing Director who shall be either an architect, a planner, a housing expert, an estate surveyor, a quantity surveyor or an engineer or a law?yer who shall be responsible for the day to day running of the Authority. (2) The appointment and removal of the Managing Director shall be made by the Board subject to the approval ofthe Governor.

13. Appointment of officers. Subject to the provision of section 12 the Authority may from time to time appoint upon such salaries, terms and conditions as it may think fit, such officers and employees as may be necessary for the purpose of the efficient functioning of the Authority.

14. Secretary. (1) There shall be appointed by the Board a secretary who shall be a member of the Board and shall be secretary to the Board and the Authority. (2) The Secretary shall be a lawyer of not less than 10 years post call experience or not less than ten years experience in the public service and shall be appointed by the Board on the recommendation ofthe Attorney-General of the State. (3) The Secretary shall perform all such duties as is normally performed by such officers including the preparation of the minutes of all meetings of the Board and Authority, drafting of all agreements, court cases, legal aspect of acquisition of land and compensations. (4) The Secretary may be removed on the advice of the Board- by the Attorney General of the State.

15. Functions of the Authority. It shall be the duty of the Authority: (a) to foster and promote property development in the State; (b) to hold, acquire, develop, manage, sell, lease, mortgage or let to persons or companies, landed properties, dwelling houses, offices, shops, industrial, agricultural, education or commercial buildings in the State; (c) to increase the availability in the State of different types of dwelling houses for sale or acquisition by members of the public, schools and bodies whether corporate or not; (d) to operate staff housing scheme for the public service and interested corporate bodies; (e) to operate mortgage loans and savings scheme; (f) to acquire, hold and develop any land or any estate or interest in land; (g) to operate public officers housing scheme; (h) to open and run consultancy services in land related matters, valuations, and compensations; (i) to conclude agreement with any person, institutions or bodies whether corporate or not for the construction, maintenance or repair of any building, estate or property, movable or immovable; (j) to construct and manage shops, market stalls or any public or private buildings; (k) to operate, purchase and maintain block molding and allied industries; (l) to purchase and sell block, stones, gravels, sands and building materials; and (m) to hire or lease out for money any of its equipments not immediately needed for its operation

16. Dwelling-houses and industrial buildings. (1) It shall be the duty of the Authority, so far as its resources permit and subject to the provisions of this Law, to increase the availability in the State of dwelling-houses and industrial buildings for acquisition by members of the public; (2) Without prejudice to the generality of the provisions of this Section, the Authority shall have powers: (i) to provide for the systematic and coordinated improvement and development of property in the State; (ii) to acquire, construct and maintain dwelling houses, offices, educational, commercial or industrial buildings, that are necessary or desirable for the performance of the functions of the Authority; (iii) to acquire, construct, maintain or repair any works, plant or apparatus necessary or desirable for the provision of electrical, water or sanitary services for or in connection with any building owned, constructed or managed by the Authority; (iv) to sell, let or lease any building owned, constructed or managed by the Authority upon such terms and conditions as the Authority thinks fit; (v) to buy and sell movable and immovable property; (vi) to open, run, manage and operate hotels, shops and cinema houses; (vii) to make, draw, accept, discount, endorse, and execute promissory notes bills of exchange or other negotiable instruments; (viii) to adopt with or without amendment such master plans for the development and maintenance of its undertakings as may be prepared and submitted to it from time to time; (ix) to construct roads, footways, bridges, drains, sewers, water courses, open spaces and any other public amenities; (x) to do anything for the purpose of advancing the skill of persons employed by the Authority including the provision of facilities for training, education or research; (xi) to accept or acquire and hold any security of any kind in any form whatsoever; (xii) to surrender, re-transfer or re-convey any security held by the Authority whether upon exchanges for another security or upon discharge; (xiii) to exercise any power, right or privilege in respect of any security held by the Authority in like manner as a private individual would be capable of exercising in like circumstances; (xiv) to run, manage, and operate petrol filling stations; (xv) to invest money standing to its credit and not for the time being required for its purposes under this Law in stocks, shares, debentures, or other securities with the approval of the appropriate authority; (xvi) to insure its property against all forms of risks; (xvii) to write off bad debts with the approval of the appropriate authority; (xviii) to act as agents for the Government and any other company or corporation within the State in the purchase, sale, lease, acquisition or disposal of the real property or estate or interest therein; (xix) to establish a saving and loan scheme for the purpose of utilising the funds for granting long term loans to the general public for the purchase of land, construction or purchase of houses; (xx) to mortgage and charge any of the real property present or future and to issue at par or at premium or discount, debentures, mortgage debentures and debenture stock payable to bearer or otherwise, either permanent or redeemable or repayable and collaterally or further to secure any securities of the Authority by a trust deed or other assurance; (xxi) to issue or deposit any securities which the Authority has power to issue by way of mortgage to secure any sum less than the nominal amount of such securities, and also by way of security for the performance of any contracts or obligations of the Authority; (xxii) to grant advances to eligible public officers for the purpose of: (i) building a residential house in the Delta State for the use of the applicant or his family; or (ii) purchasing a residential house in the Delta State for the use of the applicant or his family; or (iii) improving or extending a residential house owned by the applicant which is erected on land within the Delta State to which the applicant has a clear title for the use of the applicant or of his family; or (iv) acquiring a parcel of land within the Delta State on which to build a residential house for the use of the applicant or his family (xxiii) to invest the capital and other moneys of the Authority in the purchase or upon the security of shares, stocks, debentures, debenture, stock, bonds mortgages, obligations and securities of any kind issued or guaranteed by any company (Authority undertaking) of whatever nature and whosesoever constituted or carrying on business obligations and other securities issued or guaranteed by any Government, Trust, Municipal Local or other authority or body of whatever nature, whether in Nigeria or abroad. (xxiv) to improve, manage, cultivate, develop, exchange, let or lease or otherwise, mortgage, charge, sell, dispose of, turn to account, grant rights and privileges in respect of or otherwise deal with all or any part of the property and rights of the Authority; (xxv) to draw, make, accept, endorse, discount, execute and issue cheques, promissory notes, bills of lading, warrants, debentures and other negotiable or transferable instruments; (xxvi) to remunerate any person, firm or company rendering services to the Authority either by cash payment or otherwise as may be thought expedient; (xxvii) to use the funds of the Authority for social and charitable purposes for the benefit of the inhabitants of Delta State; (xxviii) to promote the advancement of the skills of the Authority's employees by provision of facilities for education, training, research or for any other similar purpose; (xxix) to make payments towards insurance and to form and contribute to provident and benefit funds for the benefit of any person employed by the Authority or of the wives, children, other relations or dependants of such persons; and (xxx) to carry on any other business which seems to the Authority capable of being conveniently carried on in connection with the above or calculated directly or indirectly to enhance the value of or render more profitable any of the Authority's property assets and enterprises; (3) The Authority for the purposes of effecting its objects in accordance with the Law shall have the powers to carry on the activities and exercise the functions which are necessary, advantageous or incidental to the full realisation of its objects. (4) For the avoidance of doubt, it is hereby declared that the foregoing provisions of this section relate only to the capacity of the Authority as Statutory Corporation and nothing contained in the said provisions shall be construed as authorising the disregard by the Authority of any enactment or law. (5) Schedules-?The provisions contained in the Schedules shall have effect with respect to the objects, powers, functions and proceedings of the Authority.

17. Officers eligible for advances. (1) A public officer shall be eligible to receive an advance from the Authority under this Law if?- (a) he is a member of the public service of Delta State; (b) he holds a pensionable office in such service or is a contributor to a provident fund; (c) he has not previously obtained a housing loan. (2) Persons over fifty years of age at the time of making a first application shall be considered for loans in respect of renovation and improvemerit of an existing property which shall be mortgaged to the Authority. (3) Persons already granted loans from public funds may be granted additional loans on a property provided that the amount to be granted shall not be more than N450,000.00:Provided that the balance of the loan from the public fund is not more than N450,000.00.

18. Vesting of assets and liabilities From the date of commencement of this Law all the obligations, rights, assets whether movable or immovable and liabilities of the former Bendel Development and Property Authority relating to property ofthe former Authority assigned or deemed assigned to the State shall vest in the Delta Development and Property Authority.

19. Provisions in Third Schedule. The provisions contained in the Schedule shall apply to the Authority in the exercise of the functions formerly vested in the Mid-Western Nigeria Housing Corporation and the provisions in the Third Schedule shall apply to the finances of the Authority.

20. Estimates. The Authority shall in each financial year prepare and,submit to the Governor for approval its estimates of revenue and expenditure in respect ofthe next financial year.

21. Accounts and audit. (1) The Authority shall- (a) cause proper accounts and other records in relation thereto to be kept; and (b) prepare an annual statement of accounts containing such particulars as the Governor may from time to time direct. (2) The accounts of the Authority shall be audited annually and as soon as the accounts have been audited, the Authority shall forward a copy of the statements of accounts referred to in paragraph (b) of subsection (1) above to the Governor through the appropriate authorityntaining such particulars as the Governor may from time to time direct.

22. Annual report. The Authority shall, at the end of each financial year, submit to the Governor through the appropriate authority a report, in such form and containing such particulars as the appropriate authority may from time to time direct, dealing with the activities of the Authority duririg that financial year.

23. Regulation. The Authority may, subject to the approval of the Governor, make regulations generally for the purposes of this Law and in particular may make regulations in respect of the following matters (a) establishment matters and the general administrative policy in thp service of the Authority; (b) the qualifications and the terms and conditions for appointment, whether on first appointment or transfer on promotion, to any class or grade ofioffice in the service bfthe Authority; (c) the period of service on probation on first appointment and the conditions of such probationary appointment; (d) the conditions upon which increments of salary may be granted or. withheld; (e) the examinations to be taken by any class or grade of officer and the conduct of such examinations; (f) the conditions of service of officers including leave, allowances and any equipment, services, facilities or benefits to be provided at the expense of the Authority; (g) the procedure for the making of petitions by officers of the Authority (h) the operation of housing scheme for public officers. [No. 11 of 1979.]

24. Establishment of the Tenders Board. (1) There shall be appointed a Tenders Board for the Authority. [No.26 of 1979] (2) The Board shall consist of a chairman and two other members who shall be appointed for this purpose by the Board of Directors.

25. Quorum ofthe Board. (1) The Chairman and one other member shall-form a quorum. [No. 26 of 1971.] (2) Power to co-opt.-Whenever the Tenders Board considers it necessary to obtain the advice of any person upon any matter, it may co-opt that person to be a member for such meetings as may be required and that person shall, when -so co-opted, have all the rights and privileges of a member except that of voting on any question. [No. 26 of 1971.]

26. Functions ofthe Tenders Board. (1) The Tenders Board shall examine all tenders for contracts called for by the Authority and shall thereafter award the contract to the successful tenderer. [No. 26 of 1971.] (2) The Tenders Board shall have power in appropriate cases to reject all or any of the tenders and to direct that fresh tenders shall be called for. (3) The Tenders Board shall in every case record the reasons for its decisions.

27. Procedure ofthe Board. The Tenders Board may regulate its own proceedings. [No. 26 of 1971.]

28. Suit against the Authority. (1) No suit against the Authority or any servant of the Authority for any act done in pursuance or execution of any law or of any public duty or authority shall lie or be instituted in any court unless it is commenced within twelve months next after the act, neglect or default or in cases of continuance of injury or damage, within twelve months after the ceasing thereof. (2) No suit shall be commenced against the Authority until one month at least after written notice of intention to commence the same has been served upon the Authority by the intending plaintiff or his agent, and such notice shall clearly and explicitly state the cause of action, the particulars ofthe claim, the name and place of abode of the intending plaintiff and the relief which he claims.

29. Restriction on execution. In any suit against the Authority, no execution or attachment or process in the nature thereof shall be issued against the Authority, but any sums of money which may by the judgment of the court awarded against the Authority shall be paid by the Authority from its funds in accordance with the Law. Schedule 1 DELTA DEVELOPMENT AND PROPERTY AUTHORITY LAW [Section 18.] Supplementary Provisions as to theAuthority's Power and Function

1. Power of the Authority (1) Subject to the provisions of this Law, the Authority shall have power -- [Cap. 130 of WR 1959, Cap. 16 of LBSN 1976.] (a) to undertake the development, construction and management of housing estates and industrial estates; (b) to construct and maintain dwelling houses, industrial estates and other buildings that are necessary or desirable for the performance of the functions of the Authority; (c) to provide and maintain roads, footways, bridges, drains, sewers' and water courses for or in connection with any housing estate, industrial estate or building, owned, constructed or managed by the Authority; (d) to sell, let or otherwise dispose of any land vested in the Authority upon such conditions as to payment of the consideration; (e) to enter intoagreements with any person -- (i) for the supply, construction, manufacture, maintenance or repair by that person of any property, movable or immovable, that is necessary or appropriate; for the purposes of the Authority; (ii) for the provision by that person for the management by that person of any housing estate br industrial estate owned by Authority. (f) to enter into agreements with any person for the management by that person of any housing estate or industrial estate owned by the Authority; (g) to enter intoiand carry out agreements with any person for the development, construction,(maintenance or supervision by the Authority of housing estates, dwelling houses, industrial estates industrial buildings or other building; (h) to prohibit, control and regulate the presence of any person or vehicle or thing on any. premises occupied by the Authority; (i) to make, draw, accept or endorse negotiable instruments; (j) to buy and sell-movable property; (k) subject to such tferms and conditions as the Authority may deem fit to impose generally or in any particular case, to make advances of money in the discharge of its functions under section 5 of the Law on the security of a mortgage of in the State, eitherwith or without collateral security of the following classes -- (i) a charge upon a policy of life assurance; (ii) a guarahtee given by an assurance company; (iii) a charge given upon stocks, shares or securities: Provided that the Authority shall not make an advance of money to any person on the securi y of any land which is already subject to a mortgage or charge, unless the mdrtgage or charge is in favour of the Authority. (2) The Authority shall in any case, before exercising the powers referred to in paragraph (g) of subsection (l)? obtain the approval of the appropriate authority.

2. Power of appropriate authority to give directions (1) The appropriate authority may give to the Authority such directions of a general charac er as to its functions as appear to the appropriate authority to be necessary to ensure conformnity by the Authority with the housing, industrial and financial policies of the(Government aid the Authority shall give effect to any such directions. [LBS 9, WR 13 of 1960.] (2) The appropriate authority may, give the Authority specific directions for.the purposes df remedying any defect which may be disclosed in the arrangements of Authority for the discharge of its functions under this Law, and the Authority shall give effect to any such directions. (3) The Authority shall afford to the appropriate authority facilities for obtaining information with respect to the property and functions of the Authority, and shall furnish him with returns, accounts and other information with respect thereto and afford him facilities for the verification of information furnished, in such manner and at such times as he may require. Financial Provisions

3. Application of revenues The revenues of the Authority shall be applied in defraying the following -- (a) the remuneration, fee or allowances of the members of the Authority; (b) the salaries, fees or other remunerations and pensions, superannuation allowances and gratuities of the servants, agents and technical or other advisers of the Authority; (c) all expenses of working and management of the Authority and its undertaking including proper provision for depreciation or renewal of assets; (d) interest on any debentures issued or interest and other charges on borrowed monies; (e) advances of money under subsection (1) of section 1 of this Schedule; (f) income tax and other taxation on profits levied under any written law; (g) such allocation on the general reserve established under section 3 of this Schedule and to contingencies or other reserves its may in the opinion of the Authority be appropriate; (h ) sums required to be set aside for the purpose of making provision for the redemption of debentures or the repayment of other borrowed monies; (i) such minor works of a capital nature as the Authority may deem necessary from time to time.

4. Reserve fund (1) The Authority shall carry to a general reserve fund such part Of the receipts of revenue account as is available for the purpose untjl the fund reaches the prescribed amount, and if the fund is subsequently reduced below the amount, the Authority shall carry to the fund so much of any such receipts as is required to restore the fund to that amount and is available for the purpose. (2) The application of the reserve fund so formed shall be as the Authority may, with the approval of the appropriate authority, determine: Provided that no part of the monies comprised in the general reserve shall be applied otherwise than for the purposes of the Authority. (3) The amount of the reserve fund shall be such as the appropriate authority may from time to time prescribe.

5. Borrowing powers (1 ) Subject to the provisions of this section, the Authority may borrow sums required by it for meeting any of its obligations or discharging any of its functions under this Schedule. [lb. s. 12.] (2) (a) The power of the Authority to borrow shall be exercisable only with the approval of the appropriate authority as to the amount, (within the maximum specified in or under the next succeeding subsection) as to sources of the borrowing and as to the terms on which the borrowing may be effected; and an approval given for the purposes of this subsection maybe either general or limited,to a particular borrowing. (b) Approval of the appropriate authority for the purposes of this subsection may be subject [of such conditions, other than conditions that may be imposed under paragraph (a) of this subsection, as he may specify. (3) The Authority shall npt borrow so as to have outstanding at any time -- (a) in respect of surtis borrowed temporarily, by way of overdraft or otherwise, an amount exceeding such aggregate amount of one million naira; (b) in respect of| sums borrowed otherwise (whether by way of advance or from othersources) an aggregate amount exceeding five million naira. [No. 4 of 1964.] (4) A person lending money to the Authority shall not be bound to inquire whether the borrewing of money is within the power of the Authority but any sums borrowed ih excess of the limit shall be the personal liability of the members of the Board. (5) If the Government makes an advance to the Authority at any time to provide for working capital hr for ahysother purpose, the Authority shall, if so required by the appropriateauthority; repay the sum advanced without interest.

6. Guarantee of borrowing by the Government 1) The Government may guarantee by the undertaking of the appropriate authority in such manner and on such Conditions as he thinks fit, the payment of the principal and interest of any authorised borrowings of the Authority. [lb s. 14.] (2) Such sums as may be required by the Accountant-General for the purpose making the obligations of the Government under any guarantee of the borrowings of theAuthority ;and shall Charge such sums on the consolidated fund of the State and shall be, Statutory expenditure. (3) As soon as practicable after entering into guarantee of the borrowings of the Authority behalf of the Government, the appropriate authority shall lay a statement before the of Assembly setting but the particulars of the guarantee,

7. Repayment of and interest issued to meet guarantees (4) The Authority shall make to the appropriate authority, at such time and in such manner as he may direct- [lb. s. 15.] (a) payments of such amounts as he may so direct in or towards repaymept of any sums paid by the Government in fulfilment of any guarantee of the borrowings of the Authority; and (b)payment of interest on the amount for the time being outstanding in respect of any sums so paid at such rate as he may so direct. (2) Different-rates of interest may be directed by the appropriate authority -- (a) as respects different sums; and (b) for different periods.

8. Investment of monies The Authority may invest money standing to its credit and not for the time being required for the purposes of its functions in securities approved by the appropriate authority and may sell such securities. [lb. s. 17.] Powers in Relation to Land

9. Preliminary investigation ofland required for purposes of the Authority (1) Whenever it appears to the Authority that any land in the State is likely to be needed for the purposes of a housing estate or industrial estate, the Authority may, by its servants or agents together with all necessary workmen, enter upon any such land and- [lb. s. 20 WR 13 of 1964.] (a) (i) survey and take levels of the land; (ii) dig or bore under the subsoil; and (iii) do all other acts to ascertain whether the land is adapted for such purposes. (b) clear, set out and mark the boundaries of the land in respect of which it is proposed to make an application under subsection (i) of section 2 of this Schedule: Provided that no such agent, servant or workman shall enter any building-or upon any enclosed court or garden attached to a dwelling house (except with the consent of the occupier) unless at least seven days' notice of the intended entry has been given to the occupier. (2) As soon as convenient after any entry made under subsection (1), the Authority shall pay compensation for all damage arising out of the exercise of any power conferred by that subsection. (3) In the case of dispute as to the amount of any compensation payable under this section the amount may be determined by the High Court having jurisdiction in respect of the place where the land is situate.

10. Compulsory acquisition of land (1) Whenever there is any hindrance to acquisition by the Authority of any land required for the purposes of a housing estate or industrial estate, including any failure by the Authority to reach agreement as to the amount to be paid in respect of the acquisition, the Governor, upon the application of the Authority and after such inquiry as it may think fit, may declare that the land is required for the service of the Authority. [lb. s. 2IWR 13 of I960.] (2) Upon such declaration being made, the land to which it relates shall be deemed to be land required for a public purpose of the state within the meaning of the Land Use Act, 1978 and the Governor may cause action to be taken under the Land Use Act, 1978 for acquiring the land for the Government of the State. (3) When any land which has been the subject of the declaration under subsection (1) has been acquired the Governor may vest the land in the Authority by means of a certificate of occupancy. (4) The compensation, if any, payable under the Land Use Act for the acquisition of any land under this section shall in the first instance be paid by the Government of the State but the Authority shall refund to the Government any compensation so paid and any incidental expenses incurred by the Government. (5) All lands or titles owned by or acquired or transferred or allocated to the Authority by the State of Local Government under the provisions of this Law shall be deemed to be covered by statutory rights of occupancy or customary rights of occupancy as the case may be. [No. 2 of 1979.] Miscellaneous

11. Execution or issue of instruments (1) Any contract or ipstrument 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, Authority by any person generally or specially authorised by the Authority for that purpose. [lb. s. 24.] (2) Any document purporting to be a document duly executed or issued under the seal of the Authority or on behalf of the Authority shall, unless the contrary is proved, be deemed to have been validly executed as the case may be.

12. Service of notices Service upon the Authority of any notice, order or other document may be effected by delivering the same or by sending it by -registered post addressed to the Managing Director of the Authority. [lb. s. 25.]

13. Exertiption from stamp duties and fees Stamp duties under the Stamp Duties Law and registration fees under the Land Instruments Registration Law shall not be payable by the Authority in respect of a conveyance; lease or any other instrument. [lb. s. 26 Cap. 155.]

14. By-laws The Authority may make by-laws prescribing the procedure for the allocation of plots of lands, vested in or managed by the Authority that are to be disposed off to members of the public [lb. s. 27.] Schedule 2 DELTA DEVELOPMENT AND PROPERTY AUTHORITY LAW Supplementary Provisions as to the Authority Appointment and Tenure of Office of Members of the Board

1. Appointment and tenure of office, etc., of the Board (1 ) Notwithstanding anything contained in the instrument by which a - member is appointed,the Govenor may revoke the appointment of any member if he is satisfied that the member -- (a) has been absent from three consecutive meetings of the Authority without the permission of the Chairman; (b) is unable to pay his debts to theAuthority or Government or has made no arrangement with his creditors; (c) has peen convicted by a court of law for any offence involving dishonesty or moral turpitude; (d) is incapacitated by physical or mental illness; (e) is found guilty of any act of misconduct within the meaning and intendment of Part XIII Regulation 47 of Delta Development and Property Authority Rules; (f) holds any other office of profit under the Authority except that of the Managing Director, the Secretary; or (g) is otherwise unable or unfit to discharge his duties.

3. Standing orders, etc, (1) Subject to the provisions of this Law and of this Schedule, the Authority may make standing orders with respect to the holding of meetings, the proceedings thereat, the keeping of minutes ofsuch proceedings and custody or the production for inspection of such minutes. (2) Subject as aforesaid and tp any standing order made under subparagraph (1) above the procedure of the Authority with respect to holding of meetings shall be such as the Authority may from time to time determine.

4. Disclosure of interest by members of the authority (1) A member of the Board who is in any way directly interested in a transaction or project of the Authority shall disclose the nature of his interest at a meeting of the Board, and the disclosure shall be recorded in the minute book of the Authority and the member shall not take part in any deliberation or decision of the Board with respect to that transaction or project. (2) For the purpose of subparagraph (1) above, a general notice shall be given by a member of the Authority at a meeting to the effect that he is associated with any trade or business or is a member of a specified company or firm but he is not to be regarded as interested in any transaction or project of the Authority concerning that trade, interest in relation to that transaction or project. (3) A member of the Board need not attend in person at a meeting of the Board in order to make a disclosure which he is required to make under this section if he takes reasonable steps to ensure that the disclosure is made by a notice which is brought up and read at the meeting.

5.Offices and agencies (1) The Authority shall have its principal office in Asaba and may open branch offices at other places as the Authority may determine.

6. Common seal (1) The seal of the Authority shall be such as may be determined by the Authority; and the affixing of the seal shall be authenticated by the Chairman and the Secretary, or by some other members authorised generally or specifically by the Authority to act for that purpose. Miscellaneous

7. Membership of Board not office of emolument A person shall not by reason only of his membership of the Authority be treated as holding an office of emolument under the Government of Delta State. Schedule 3 DELTA DEVELOPMENT AND PROPERTY AUTHORITY LAW S.19 Supplementary Provisions as to the Authority Estimates, Accounts and Contributions to General Revenue

8. Estimate (1) The Authority shall in every year prepare estimates containing: (a) an estimate of the revenue of the Authority for the next ensuing year. (b) an estimate of all balances, exclusive of moneys raised by loan, which will be available for ordinary expenditure at the commencement of the next ensuing year. (c) an estimate of ordinary expenditure for the next ensuing year. (d) an estimate of the balances of loans available and the expenditure therefrom during the next ensuing year; and (e) an estimate of sums that will be required during the next ensuing year for the discharge of principal, the payment of interest and for contribution to sinking funds in respect of loans. (2) The financial year shall commence on the 1st day of January of any year and the estimate mentioned in subsection (l) shall be forwarded for approval to the Governor on or before the 1st day of December in any year. (3) On consideration of the estimates so submitted the Governor may: (a) approve or disapprove such estimates as a whole; or (b) disapprove of any item or items contained therein, and shall notify the Authority accordingly. (4) The estimates when approved by the Governor shall be the estimates of revenue and expenditure for the financial year for which they are made and no expenditure shall be incurred otherwise, than in accordance therewith save with the written approval of the Governor. (5) Wherein the Governor disapproves of any item or items in estimates submitted for approval, the remainder of any such estimates excluding such item or items so disapproved shall be deemed to be an approved estimate but the Authority shall not incur any expenditure or collect revenue as the case may be in respect of the item or items disapproved. (6) Where the Governor has disapproved of estimates as a whole or has disapproved of any item or items in an estimate and subsequently approves such estimates or such item or items or subsequently amends or varied estimates or an amended or varied item or items shall be deemed to be and to have been approved item or items or approved estimates from the beginning of the financial year to which such estimates or item or items relate.

9.Supplement estimate. (1) The Authority may at any time prepare supplemental estimates to provide for unforeseen or urgently required, expenditure containing: (a) a revised estimate of the revenue for the current year. (b) a revised estimate of the expenditure for the current year. (c) a statement showing how provision is therein made to meet additional expenditure. (2) Such supplemental estimates shall be forwarded without delay to the Governor and the provisions of subsections (3), (4), (5) and (6) of section 20 shall apply to such supplemental estimates as if they were the annual estimates.

10. Authority bound by estimate or supplemental estimates Save as hereinafter provided the Authority shall be bound by the estimates or supplemental estimates as finally approved by the Governor and shall not without the sanction of the Governor incur any expenditure unless it is covered by an item in such estimates or supplemental estimates.

11. Provisions Provided that the Governor may authorise the expenditure of money appropriated for any one purpose in the approved estimates or supplemental estimates on any other purpose therein contained, but no such expenditure shall be incurred for any purpose for which provision had not been made in such approved estimates or supplemental estimates without the prior consent of the Governor and no expenditure shall in any case be so incurred for any purpose in respect of which an item in the estimates or supplemental estimates relating thereto has been disapproved by the Governor. Provided further that where in any financial year it appears to the Authority that expenditure for any specified purpose is desirable and no or insufficient provision therefore has been made in the estimates or supplemental estimates for such year, the Governor may approve such expenditure and the approved estimates or supplemental estimates shall be amended accordingly.

12. Accounts and audit. (1) The Authority shall keep accounts of the transactions of the Authority to the satisfaction of the Governor. (2) The accounts of the Authority shall be audited in every year either by the Audit Department of Government or by a person approved by the Governor.

13. The Authority may, with the approval of the Governor, write off bad debts19.

14. Governor may direct payment into general revenue. In addition to and not in derogation of the other power in this Part conferred upon the Governor, the Governor may from time to time order that the Authority shall pay into the general revenue or other funds of the State all or any part of its revenue or funds and thereupon the Authority shall pay such sum into the general revenue or other funds of the State and the Authority shall lose all rights title and interest in such sums which shall thereupon form part of the general revenue or other funds of the State. [BSLN 6 1977.]

15. Amendment The Principal Law is amended by deleting the provisions of the Subsidiary Legislation thereof and substituting the following new provisions thereof. "Subsidiary Legislation - Delta Development and Property Authority".