Delta State Direct Labour Agency Law

DELTA STATE DIRECT LABOUR AGENCY LAW

1. Citation. This Law may be cited as Delta State Direct Labour Agency Law, 1999 and shall be deemed to come into effect on the 1st of June, 1999.

2. Interpretation. In this Law unless the context otherwise requires - “Agency” means the Delta State Direct Labour Agency established under this Law; “Director-General” means the Director-General of the Agency; “Governor” means the governor of Delta State of Nigeria; “State” means Delta State of Nigeria; “Prescribed” means prescribed by regulation made under this Law; “Employee” means persons engaged to work as staff in the Agency; “Employer” means Delta State Direct Labour Agency.

3. Establishment of the Agency. (1) There shall be established for the State an Agency to be known as the Delta State Direct Labour Agency and shall have such powers and duties as are conferred on it by or by virtue of the provisions of this Law. (2) The Agency shall be a body corporate having perpetual succession and common seal with power to sue or be sued in its corporate name and to acquire, manage, hold and dispose property movable or immovable. 4. The Agency shall consist of a Director-General and three Directors and such other staff as may be appointed from time to time in accordance with the provisions of this Law.

4. Constitution. The Agency shall consist of a Director-General and three Directors and such other staff as may be appointed from time to time in accordance with the provisions of this Law.

5. Appointment of Director-General. (1) The Director-General and Directors shall be appointed by the Governor of the State, subject to confirmation by the House of Assembly. (2) The Director-General and Directors shall subject to the pleasure of the Governor, hold office for a period of four years without prejudice to their being re-appointed. Provided that the Governor shall have power to terminate the appointment of the Director General at any time for inefficiency, misappropriation funds or mismanagement of the affairs of the Agency. (3) The Governor shall have power to terminate the appointment of the Director at any time for inefficiency, misappropriation of funds or mismanagement of the affairs of the Agency. (4) The appointment of the Director-General land the Directors shall be made in writing by the Governor.

6. Resignation and termination of appointment. The resignation or termination of appointment made under the provisions of the law shall be by the service of a month’s notice in writing or the payment of a month’s salary in lieu of notice.

7. Remuneration. There shall be paid to the Director-General and Directors salaries and allowances at such rates as the Governor may from time to time stipulate.

8. Functions of the Agency. The Agency shall, subject to broad policy directive by the Governor and except in so far as may be otherwise provided in this Law perform the following functions: (a) Rehabilitation of roads in Delta State. (b) Execute and monitor road projects in Delta State. (c) Carry out all year round routine maintenance of roads Delta State. (d) To re-instate all networks of roads in Delta State.

9. Powers of the Agency. The Agency shall, for the purpose of carrying out its functions under this Law, have power to establish and maintain such departments subsidiary divisions, sections, branches and field offices and make other administrative arrangements as may in its opinion, lie necessary.

10. Director-General. (1) The Director-General who shall be a suitably qualified person, shall be the chief executive officer of the Agency and shall have ultimate responsibility for the implementation of the policies and directives of the Government and for the carrying out of the functions and responsibilities of the Agency. (2) Every major department of the Agency shall be under the immediate supervision of a Manager who shall be the head of that department and shall, in the discharge of his functions, be responsible to the Director-General.

11. Appointment and discipline of managers and other senior staff. The appointment of Managers who shall head every department of the Agency, and all other Senior Staff of the Agency excluding the Directors shall be made by the Director- General with the approval of the Governor. Provided that the Director-General shall have powers to make regulations from time to time for the exercise of disciplinary control over the departmental managers, such regulations shall not be in force without the prior approval of the Governor.

12. Appointment and discipline of junior staff. The appointment, promotion and exercise of disciplinary control of the junior staff of the Agency shall be made by a committee comprising the Directors and the Managers subject to the approval of the Director General.

13. Secondment and transfer of Government or Council employees. (1) The Agency may, subject to the provisions of this section, employ on secondment such officers of the Public Service of the State or, in the Service Council with the agreement of such officers, be seconded to the service of the Agency in accordance with the procedure applicable in respect of the secondment of officers of the Public Service of the State or Council. (2) Within a period of six months, but before the expiration of a period of one year from the date of secondment the Agency may offer in writing to any officer posted to it, employment on such terms and conditions as the Agency may deem appropriate in each case. (3) Any offer of employment made under sub-section (2) of this section may be accepted within a period of six months from the date thereof, failing which the officer concerned shall be deemed to have rejected the offer. Provided that the Agency may, where it considers it necessary, extend the period within which an offer may be accepted by an officer.

14. Funds and resources of the Agency. The fund and resources of the Agency shall consist of: (a) an initial sum of money allocated to it by Government; (b) all periodic sums of money allocated to it by Government; (c) such sums or other property whatsoever as may from time to time he advanced by ways of loans or grants to the Agency by approved sources other than Government; (d) any investment of other property whatsoever acquired by or vested in the Agency. (e) money earned or arising from any investments or other property whatsoever acquired by or vested in the Agency; (f) all other sums or property whatsoever which may from internal or external, sources in any manner become payable to or vested in the Agency in respect of its powers and duties or of any matter incidental thereto under this Law or by virtue of the provisions of any other law.

15. Borrowing powers. The Agency may borrow sums required for meeting any of its obligations or discharging any of its functions. Provided that the Agency shall not borrow any sum of money without the prior approval of the Governor.

16. Guarantee by government of loans to the Agency. The Government may guarantee, in such manner and on such terms and conditions, the payment of the principal and interest of any sum of money borrowed by the Agency.

17. Accounts and audit. (1) The Agency shall keep account of its transactions in such form as shall conform with the best accounting standard and practice. (2) The Agency shall prepare at the end of every financial year a statement of accounts which shall be submitted with all supporting documents and vouchers to be audited by an appointed qualified Auditor. (3) At the end of every financial year, the appointed Auditor shall submit the report of his audit of the Agency’s accounts to the Governor. (4) The Governor shall consider such report and present it to the Executive Council.

18. Annual report and estimates. (1) The Agency shall within three months after the end of each financial year, submit to the appropriate authority a report in such form and manner, and containing such particulars as the Governor may from time to time require, dealing with the activities of the Agency during the financial year. Provided that the first report shall be for the period between appointed days and the 31st December next following. (2) The Agency shall, on or before the 1st of October of each year submit to the Governor for approval, its estimates of revenue and expenditure in respect of the financial year commencing on the 1st of January next following.

19. Delegation of Governor’s powers. Nothing in this Law or any other enactment or law shall prevent the Governor from delegating any of his functions under this Law to any State Commissioner.

20. Limitation of suits against the Corporation. When any suit is commenced against the Agency for any act done in pursuance or execution or intended execution of any law or any duty or authority, or in respect of any such law, duty or authority, such suit shall not lie or be instituted unless it is commenced within twelve months next after the act, neglect or default complain of or in the case of a continuance of damage or injury within twelve months after the ceasing thereof.

21. Suits. (1) No suit shall be commenced against the Agency unless a month’s written notice of intention to commence the same has been served upon the corporation by the intending plaintiff or his agent. (2) Such notice shall state the cause of action, the name and place of abode of the intending plaintiff and the relief which he claims.