Delta State Capital Territory Development Agency Law

DELTA STATE CAPITAL TERRITORY DEVELOPMENT AGENCY LAW

1. Short title and commencement. This Law may be cited as the Delta State Capital Territory Development Agency Law and shall come into force on the 3rd day of June, 2015.

2. Interpretation. In this Law, unless the context otherwise requires: "Agency" means the Delta State Capital Territory Development Agency; "Board" means the Governing Board established for the Agency under section 4 of this Law; "Member" means a member of the Board and includes the Chairman, Director-general; "Governor" means the Governor of Delta State.

3. Establishment of the Delta State Capital Territory Development Agency. (1) There is hereby established a body to be known as the Delta State Capital Territory Development Agency (in this Law referred to as the "Agency"). (2) The Boundaries shall be located between longitude 60 38' E and 60 45' E of the meridian and latitude 60 06'N and 60 19'N of the Equator. It covers an estimated area of

363.175 square kilometers. (3) The Agency shall be a body corporate with perpetual succession and a common seal. (4) The Agency may sue and be sued in its corporate name.

4. Establishment of the Board of the Agency. (1) There is hereby established for the Agency a Governing Board in this Law referred to as ("the Board"), which shall consist of: (a) a Chairman; (b) three persons, one from each Senatorial District of the State; (c) the Director-General of the Agency; and (d) a representative of the Ministry of Economic Planning. (2) The Chairman and Members of the Board shall- (a) be appointed by the Governor, subject to the confirmation of the House of Assembly; and (b) be persons of proven integrity and ability. (3) The Members of the Board referred to in paragraphs (a-b) of subsection (i) of this section shall be part-time members.

5. Tenure of Office of Board Members. (1) Subject to the provisions of section 4 of this Law, a Member of the Board, other than an ex-officio member shall hold office for a term of 4 years at the first instance and may be re-appointed for further term of 4 years and no more. (2) A Member of the Board other than an ex-officio member may resign his appointment by notice in writing under his hand addressed to the Governor, which resignation shall take effect only upon receipt by the Governor.

6. Cessation of membership of the Board. Notwithstanding the provisions of section 5 of this Law, & person shall cease to hold office as Member of the Board if:- (a) he/she becomes bankrupt; (b) he/she is convicted of a felony or any offence involving dishonesty or fraud; or (c) he/she becomes of unsound mind, or incapable of carrying out his duties; or (d) he/she is guilty of a serious misconduct in relation to his duties; (e) in the case of a person possessing a professional qualification, if he/she is disqualified or suspended, other than at his own request from practicing his profession in any or part of the world by order of a competent authority made in respect of that member, or (f) he/she is removed by the Governor.

7. Allowances of Members. There shall be paid to every member of the Board such remuneration, allowances and expense as the State Government may, from time to time, direct.

8. Functions of the Agency. (1) The Agency shall:- (a) formulate policies and guidelines for the development of the State Capital Territory; (b) conceive, plan and implement, in accordance with the set rules and regulations, projects and programmes for the sustainable development of the State Capital Territory; (c) prepare master plans and scheme designed to promote the physical development of the State Capital Territory, as well as tackle ecological and environmental problems; (d) have power to train managerial and technical staff for the purpose of the performance of its functions under this Law; (e) have power to undertake such research as may be necessary for the performance of its functions; (f) have power to hold and manage movable and immovable property; (g) develop and operate infrastructure services and facilities within the territory such as roads, monorail, tramways, bridges, water courses, parks/recreational areas, refuse disposals, buildings, among others; (h) liaise and collaborate with relevant Government Ministries, Departments and Agencies; (i) attract and promote investment for the development of the territory; (j) enter into contracts or partnerships with any person or body (whether corporate or unincorporated) which in the opinion of the Agency will facilitate the discharge of its functions under this Law. (2) Pursuant to its functions, the Agency shall have right to acquire or take over any asset, business, property, privilege, contract, right obligation and liability of any person or body (whether corporate or incorporated) and compensation paid in accordance with Land Use Act. (3) Without prejudice, the Agency shall have power to borrow money or to dispose of any property; except with the consent in writing of the Governor. (4) The Agency shall be subject to the direction, control or supervision in the performance of its functions under this Law by the Governor. (5) The supplementary provisions set out in the schedule to this Law shall have effect with respect to the proceedings of the Board and the other matters contained therein.

9. Powers of the Board. The Board shall have power to:- (a) direct and supervise affairs of the Agency; (b) make rules and regulations for carrying out the functions of the Agency; (c) enter and inspect premises, projects and such places as may be necessary for the purpose of carrying out its functions under this Law; (d) approve staff appointments, promotion and discipline; (e) determine and pay staff remunerations and allowances as appropriate; (f) enter into such contracts or partnerships as may be necessary or expedient for the discharge of the functions of the Agency; (g) review and approve work-plan and reports of the Agency; (h) review and approve work-plan and reports of the Agency; (i) employ either directly or on secondment from any civil or public service in the State such number of employees as may, in the opinion of the Board, be required to assist the Agency in the discharge of its functions under this Law; (j) pay to persons so employed such remuneration as the Board may determines as appropriate; and (k) do such other things as are necessary and expedient for the efficient performing of the functions of the Agency.

10. Appointment of Director-General etc. (1) There shall be for the Agency, a Director-General who shall:- (a) be the Chief Executive and Accounting Officer of the Agency; (b) shall have a single term of five years; (c) have such qualification and managerial experience as are appropriate for a person required to perform the functions of the office and must be a graduate of not less than 15 years; (d) be appointed by the Governor and confirmed by the House of Assembly; (e) hold office on such terms and conditions as to emoluments and conditions of service as may be specified in his letter of appointment. (2) The Director-General shall be subject to the general direction of the Board and responsible:- (a) for the day to day administration of the Agency; (b) for keeping the books and proper records of the proceedings of the Board; (c) for the administration of the secretariat of the Board and the general direction and control of all other employees of the Agency.

11. Service in the Commission to be pensionable. (1) Service in the Agency shall be approved service for the purposes of the Pension Act. (2) The Officers and other persons employed in the Agency shall be entitled to pension and other retirement benefits. (3) Nothing in subsections (1) and (2) of this section shall prevent the appointment of a person to any office on terms, which preclude the grant of pension and gratuity in respect of that office.

12. Establishment of Departments/ Units. (1) There shall be established in the Head Office of the Agency, the following Departments and Units; (a) Department of Administration and Finance; i. Accounts ii. Human Resources iii. Administration iv. Legal (b) Department of Investment and Business Promotion i. Tourism ii. Investment (c) Department of Projects i. Works ii. Lands and Housing iii. Water and Environment iv. Maintenance and Facility Management (d) Department of Education, Health and Social Services (2) The Board may with the approval of the Governor review the number of Departments/Units as it may deem necessary and expedient to facilitate the realization of the objectives of the Agency.

13. Funds of the Agency. (1) The Agency shall establish and maintain a fund from which shall be defrayed all expenditure incurred by the Agency. (2) There shall be paid and credited to the Fund established pursuant to subsection (1) of this section- (a) allocations from the annual budget of the State to the Agency; (b) such monies, as may from time to time, be granted or lent to the Agency by the State Government, any other body or institution whether local or foreign; (c) all monies raised for the purposes of the Agency by way of gifts, loans, grants- in-aid, testamentary disposition or otherwise; (d) proceeds from all other assets that may, from time to time accrue to the Agency; and (e) raise such revenues, fees and fines as may be approved for the Agency from time to time by the House of Assembly. (3) The Funds shall be managed in accordance with the rules made by the Board, and without prejudice to the generally of the power to make rules under this subsection; the rules shall in particular contain provisions- (a) specifying the manner in which the assets or the fund of the Agency are to be held, and regulating the making of payment into and out of the fund; and (b) requiring the keeping of proper accounts and records for the purpose of the fund in such form as may be specified in the rules.

14. Expenditures. The Agency shall apply the proceeds of the fund established pursuant to section 13 of this Law to:- (a) the cost of administration of the Agency; (b) the payment of salaries, fees, remunerations, of the allowances to the members of the Board or committee of the Board and the employees of the Agency; (c) the payment of all contracts, including mobilization, variations, fluctuations, legal fees and cost of contract administration; (d) the payment for all purchases; and (e) undertaking such other activities as are connected with all or any function of the Agency under this Law.

15. Gifts to the Agency. (1) The Agency may accept gifts of land, money or other property on such terms and conditions, if any, as may be specified by the person or organization making the gift. (2) The Agency shall not accept any gifts if the conditions attached by the person or organizations making the gift are inconsistent with the functions of the Agency under this Law.

16. Power to Borrow. The Agency may, with the approval of the Governor, borrow, on such terms and condition as the Agency may determine, such sums of money as the Agency may require in the exercise of its functions under this Law.

17. Annual Estimate and Expenditure. (1) The Board shall submit to the Governor estimates of the income and expenditure for the next succeeding year in conformity with the State’s budget processes. (2) The Board shall cause to be kept proper accounts of the Agency in respect of such year and proper records in relation thereto and shall cause the accounts to be audited not later than 6 months after the end of each year, and in accordance with the guidelines supplied by the Auditor-General of State.

18. Annual Report. (1) The Board shall, prepare and submit to the Governor, not later than 30th June in each year, a report in such form as the Governor may direct on the activities of the Agency during the immediate preceding year and include in the report a copy of the audited accounts of the Agency for that year and the auditor’s report thereon.

19. Establishment and function of the Delta State Capital Territory Development Agency Arbitration Panel. (1) Whenever there is a dispute amongst parties under this Law, it shall first be referred to Arbitration, Mediation or Conciliation before resorting to litigation. (2) The parties shall by mutual consent appoint a 3-man panel of arbitrators (herein after referred to as "the Panel"). (3) The membership of the panel and the applicable Arbitral procedure shall be as provided for in the Arbitration and Conciliation Law, Laws of Delta State. (4) The venue of the Arbitration, Mediation or Conciliation shall be Delta State Multi-Door Court House.

20. Office and Premises of the Agency. The Agency shall have and maintain an office and premises in the State Capital for the purpose of carrying out its functions.

21. Directives by the Governor. Subject to the Provisions of this Law, the Governor may give the Agency directives of a general nature or relating generally 10 matters of Policy with regard to the performance of the Agency of its functions and it shall be the duty of the Agency to comply with the directives.

22. Limitation of suits against the Agency. (1) Subject to the provisions of this Law, the provisions of the Public Officers Protection Act shall apply in relation to any suit instituted against any officer or employee of the Agency. (2) No Suit shall be commenced against the commission, a member of the Board, the Director-General, officer or employee of the Commission before the expiration of a period of one month after written notice of intention to commence the suit shall have been served upon the Commission by the intending plaintiff or his agent(s). (3) The notice referred to in subsection (2) of this section shall clearly and explicitly state the cause of action, the particulars of the claim, the name and place of abode of the intended plaintiff and the relief which he claims.

23. Service of Documents. A notice, summon or other document required or authorized to be served upon the Agency under the provision of this Law, or any other Law or enactment may be served by delivering it to the Director-General or by sending it by registered post and addressed to the Director-General at the Principal Office of the Agency.

24. Indemnification. A Member of the Board, the Director-General, any other officer or employee of the Agency shall be indemnified out of the assets of the Agency against any proceeding, whether civil or criminal, in which judgment is given in his favour or in which he is acquitted, if any such proceeding is brought against him in his capacity as a Member of the Board, Director- General, officer or employee of the Agency. DELTA STATE CAPITAL TERRITORY DEVELOPMENT AGENCY LAW SUPPLEMENTARY PROVISION RELATING TO THE BOARD, ETC PROCEEDINGS OF THE BOARD

1. Subject to this Law and section 27 of the interpretation Act, the Board may make standing orders regulating its proceedings or those of any of its Committee. (2)(1) The Board shall meet whenever it is summoned by the Chairman and if the Chairman is required to do so by notice given to him by not less than four other Members, he shall summon a meeting of the Board to be held within fourteen days from the date on which the notice is given. (3) At any meeting of Board, the Chairman shall preside but if he is absent, the members present at the meeting shall appoint one of their members to preside at the meeting. (1) The Board may appoint one of more committee(s) to carry out, on behalf of the Board, such functions as the Board may determine. (2) A Committee appointed under this paragraph shall consist of such number of Persons as may be determined by the Board and such a person shall hold office on the Committee in accordance with the terms of his appointment. (3) A decision of a committee of the Board shall be of no effect until it is confirmed by the Board.

4. (1) The fixing of the seal of the Commission shall be authenticated by the signatures of the Chairman or any member of the Board generally or specifically authorized by the Board to act for the that purpose and the Managing Director. (2) A document purporting to be document duly executed under the seal of the Commission shall be received in evidence and shall, unless and until the contrary is proved, be presumed to be so executed.

5. The validity of any proceedings of the Board or of a committee shall not be adversely effected by- (a) a vacancy in the membership of the Board or Committee; or (b) a defect in the appointment of a member of the Board or committee (c) reason that a person not entitled to do so took part in the proceedings of the Board or Committee.