Delta State Council for Arts and Culture Law

DELTA STATE COUNCIL FOR ARTS AND CULTURE LAW

1. Short Title and Commencement. This Law may be cited as the Delta State Council for Arts and Culture Law and shall come into force on the 17th day of April, 2008.

2. Interpretation. In this Law:- "arts" or “art” includes drama, dancing, drawing, painting, literature, music, poetry, sculpture and any other form of the arts; "appropriate authority" means the Commissioner charged with the responsibility for cultural matter; "Chairman" means the Chairman of the Council; "Council" means the Delta State Council for Arts and Culture; "House" means the Delta State House of Assembly; "Governor" means the Governor of Delta State; "Members" means the members of the Delta State Council for Arts and Culture; "State" means the Delta State of Nigeria.

3. Establishment of the Delta State Council for Arts and Culture. (1) There is hereby established in the State a Council to be known as the Delta State Council for Arts and Culture. (2) The Council shall be a body corporate with perpetual succession and a common seal and shall have power to sue and to be sued in its corporate name to acquire, hold and dispose of land. (3) The Council shall consist of a part-time Chairman and fifteen (15) members but not fewer than ten (10) members who are of proven integrity and have verse knowledge and experience in arts and culture and shall be appointed by the Governor, upon the recommendation of the Appropriate Authority, and subject to the confirmation of the House. [Membership of The Council.] (4) Membership of the Council shall be evenly spread among the three (3) Senatorial Districts.

4. Appointment of the Chairman and Members. (1) The appointment of the Chairman and Members shall be notified by publication in the State Gazette. (2) The Chairman and Members shall, bold office for a term of three years and may be eligible for re-appointment for another term only. (3) There shall be paid to the Chairman and Members such salaries, and remuneration or allowances as applicable to other Boards. [Remuneration.]

5. Resignation and Termination of Appointment. (1) The Chairman or any member may resign his appointment by notice in writing under his hand addressed to the Governor through the appropriate authority and upon the acceptance of such notice by the Governor, the appointment of such person shall be terminated. (2) The office of the Chairman or a member shall become vacant on the occurrence of any of the following events:- (a) death; (b) inability to discharge the functions of his office; (c) conviction for a criminal offence involving fraud; (d) resignation; or (e) dissolution of the Council.

6. Functions and Objectives of the Council. It shall be the duty of the Council subject to the provisions of this Law to: (a) organize festivals of the arts at zonal levels in the state and enter into and make arrangements for and generally take charge of the State's participation in arts festivals; (b) serve as the cultural center of the State; (c) organize exhibitions of the arts of the State; (d) organize and conduct lecture, exposition and research on matters relating to arts in the State; (e) publish and/or sponsor the publication of literature on arts and culture of the State; (f) select, sponsor and make necessary arrangements for the performance of dance troupes, theatrical and similar clubs undertaking tours whether within or outside the State; (g) manage the State's Arts Theatre and to establish Arts Galleries; (h) make rules and regulations with respect to the holding of competitions in the arts and award prizes thereof; (i) 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 organization thereof; (j) accept, hold and administer any subscription, gifts, grants or other such benefits for any purpose which may be connected with the promotion of arts and culture in the State; and (k) generally carry out such other activities and undertakings as in the view of the Council, that may be directly or indirectly conducive to the attainment of the above objectives of the Council.

7. Meetings. (1) The Council shall hold meetings at least once in every three months. (2) Any five members of the Council may by notice in writing signed by them request the Chairman to call a meeting of the Council for such purpose as may be set out in the notice. (3) The Secretary shall summon the meeting of Council on the directive of the Chairman.

8. Procedure at meetings. (1) The Chairman shall preside at every meeting of the Council in which he is present and in his absence, the members present at the meeting, shall by a simple majority of votes appoint one of its members to preside. (2) (a) Every decision or resolution taken or passed at a Council meeting shall be decided by a simple majority votes of the members present; and (b) in the event of an equality of votes, the Chairman or in his absence the member presiding shall have a casting vote. (3) The quorum of the Council shall be 6 (six members) present including the Chairman. [Quorum.] (4) Subject to subsection (3) 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. (5) Subject to the forgoing provisions of this section, the Council shall have power to regulate its proceedings and may make Standing Order for such purpose.

9. Power to Co-opt. Whenever in the opinion of the Council, it is expedient or desirable to obtain the service or advice of any person upon any matter, the Chairman may co-opt such persons 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.

10. Dissolution of the Council. The Governor shall dissolve the Council whenever it appears to him that the Council is unable to exercise its functions under this Law; or whenever the House passes a resolution to that effect to the Governor.

11. Removal of certain members of the Council. (1) If it appears to the appropriate authority that a member of the Council including the Chairman (other than an ex-officio member) should be removed from office on the ground of misconduct in the performance of the functions of his office, the appropriate authority shall commence disciplinary process of the Member or Chairman as the case may be and make a recommendation to that effect to the Governor and if the Governor after making such enquiries (if any) as may be considered appropriate approves the recommendation, he may direct the removal of the person in question from office. (2) It shall be the duty of the appropriate authority to use his best endeavour to cause a copy of the instrument embodying a direction under subsection (1) of this section to be served as soon as reasonably practicable on the person to whom it relates. (3) The appropriate authority must as soon as practicable after instrument referred to in subsection (2) of this section has been duly signed by the Governor serve a copy of the instrument on the person in question and he or she shall stand removed.

12. Appointment of Staff and Officers in the Council. (1) There shall be appointment to the Council an officer to be known as 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 Director of Culture 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) There shall be appointed to the Council a Secretary and other officers and staff and the conditions of service applicable to the State Civil Service shall apply to them.

13. Appointment of Committee. (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, 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.

14. Protection of Members. A member shall not be personally liable for any act or of any omission to do any act or any default of the Council so long as such act, omission or default arises from, or is in the course of the operations of the Council and in good faith.

15. Financial Provisions. (1) The funds and resources of the Council shall consist of:- (a) such sums as many be provided by the State; (b) such sums as may be borrowed by the Council in accordance with the provision of section 16 of this Law; (c) all sums collected or received by the Council in 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 31st day of December of every financial year, submit through the appropriate authority to the Governor for approval of its estimates of revenue and expenditure for the period commencing on the 1st day of April, of the following year. (3) The receipts of the Council in Revenue Account in any financial year shall be applied in the payment of the following charges: (i) the salaries, remuneration and other allowances of members of the Council; [Provisions Financial] (ii) the salaries, remuneration, pensions and other allowances and gratuities of the Chief Executive Officer and other officers and employees of the Council; (iii) expenditure on the acquisition, maintenance and replacement of any property vested in the Council; (iv) interests due on any monies borrowed by the Council; (v) such sums as may be allocated to the general reserve established in accordance with section 15 of this Law; (vi) grant for purpose conductive to the welfare of the officers and employees of the Council; (vii) the purchase of books, equipment and other related materials for use by the Council; and (viii) such other charges as may be reasonably incurred by the Council in the performance of its duties under this Law. (4) Subject to the forgoing provisions of this section, the appropriate authority may, with the approval of the Governor issue to the Council directives as to the purpose for which surplus funds may be applied.

16. Supervision. The appropriate authority shall subject to the approval of the Governor, give to the Council directives of a general or specific character with respect to the receipt and expenditure of the funds and resources of the Council.

17. Borrowing power. (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 portion of its funds in such manner as the appropriate authority may approve.

18. Accounts. (1) The Council shall keep proper accounts of its transaction and other Accounts 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 auditors appointed annually by the State Auditor-General with the approval of the appropriate authority. (3) The Council shall soon after its accounts have been audited furnish 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 and not later than the 1st day of October 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 proceeding financial year and every such annual report shall have annexed thereto a copy of the auditor's report for the last proceeding financial year. (2) The appropriate authority shall cause to be laid before the Governor 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. Authenticate. (1) Any document purporting to be a document duly executed or document issued under the seal of the Council shall unless the contrary is proved to be deemed to be a document so executed as the case may be. (2) The seal of the Council shall be authenticated by the signature of the Chairman and the Secretary to the Council or any member authorized by the Council.