Delta State Economic Planning Council Law

DELTA STATE ECONOMIC PLANNING COUNCIL LAW

1. Citation. This Law may be cited as the Delta State Economic Planning Council Law.

2. Interpretation. In this Law: "Council" means the State Economic Planning Council established under section 3 of this Law; "Governor" means the Governor of Delta State of Nigeria; "Member" means a member of the Council and includes the Chairman; "Special funds" means funds specifically disbursed and tied to specific projects and programmes of the State. "State" means the Delta State of Nigeria.

3. Establishment of Council (1) There is hereby established for the State a Council to be known as the Economic Planning Council. (2) The Council shall be a body corporate with perpetual succession and a common seal and power to sue and be sued in its corporate name and to own, hold and dispose of property (whether movable or immovable).

4. Membership of the council The Council shall consist of – (a) The Governor as Chairman; (b) Deputy Governor as Vice-Chairman; (c) A person who appears to the Governor to be a man of industry and knowledge with track record of success in his chosen field which must be related to industry and commerce; (d) Commissioner for Works and Transport or his representative; (e) the State Commissioner for Finance and Economic Planning who shall be the deputy Chairman and Chief Executive of the Council; (f) Commissioner for Commerce and Industry or his representative; (g) Commissioner for Finance and Economic Planning or his representative; (h) Commissioner for Education or his representative; (i) Commissioner for Justice or his representative; (j) The Secretary to the State Government; (k) The Permanent Secretary, Directorate of Local Government and Chieftaincy affairs; (l) Representative of Delta Association of Chamber of Commerce, Industry, Mines and Agriculture (DACCIMA) (m) Three Chairmen of Local Government Councils, one from each senatorial zone in the State (selection thorn a senatorial zone shall be made in rotation once every year); (n) A representative of the Delta State Economic Recovery Advisory Council (DERAC), and (o) The Permanent Secretary, Directorate of Budget Planning and Statistics of the Governor’s Office.

5. Functions. The functions of Council shall be - (a) to provide policy advice to the Governor in particular and Delta State in general on all spheres of State life; (b) to set State priorities and goals and engender consensus among Government agencies, corporate bodies and workers’ unions in support and accomplishment of such priorities and goals as may be contained in guidelines issued by the Council from time to time; (c) to undertake periodic review and appraisal of the human and material resources capabilities of Delta State with a view to advancing their development and efficiency and effective utilisation; (d) to formulate and prepare long-term, medium-term, and short -term national development plans and to co-ordinate such plans at the Federal, State and Local Government levels; (e) to advise on changes and adjustments in institutions and management techniques as well as attitudes necessary for the alignment of actions with planned targets and goals; (f) to conduct research into various aspects of State interest and public policy and ensure that the implications and results of the findings in such research are geared towards the enhancement of national, economic, social, technological, defence and, security capabilities and management; (g) to mobilize popular group and institutional consensus in support of Government policies and programmes; (h) to prepare and control the capital budget and set broad guidelines for the recurrent budget; (i) to manage multilateral and bilateral economic co-operation, including development aid and technical assistance programmes; (j) co-ordinate the planning programming of the State and Local Governments within the frame work of national objectives and, priorities; (k) transmit the State and Local Government programmes to the National Planning Commission; (l) liaise from time to time with the National Planning Commission, and (m) to carry out such other activities as are necessary or expedient for the full discharge of all or any of the functions conferred on the Council under this Law.

6. Power of the Council. In the discharge of its functions and duties under this Law, the Council shall have power to: (a) formulate and prepare long term, medium term and short term development plans for the State and Local Governments within the frame work of the national objectives and priorities and transmit same to the National Planning Commission; (b) advise the State Government on areas where the National objectives and priorities are being seriously hampered or violated at the State or Local Government level; (c) Control expenditure; (d) ensure consistency of the State Rolling Plan and the annual budgets through the issuing of appropriate circulars setting out broad guidelines for the preparation of recurrent and capital expenditures of the State, including prescribing budget ceilings; (e) monitor, on quarterly and on regular and continuous bases, projects and programmes relating to their implementation, it’s monitoring report would form the basis of capital release to projects; (f) co-ordinate all matters relating to multilateral and bilateral economic cooperation, including development aids and technical assistance programmes or projects with external financing components; (g) undertake periodic review and appraisal of the manpower resources capabilities of the State with a view to advancing their development, efficiency and effective utilisation; (h) conduct pre-investment and feasibility studies and also appraise feasibility studies conducted by external consultants on behalf of the State Government; (i) collect, collate, analyse and disseminate statistical data in respect of the State and collaborate with the Federal Office of Statistics, other State Governments, Universities, Research institutions and international statistical organisations on behalf of the State Government on statistical matters; (j) liaise from time to time, with the National Planning Commission, on general economic matters and ensure attendance at the meetings of the Joint Planning Board, the National Council on Development Planning, the National Economic Council, the National Statistical Association and any other bodies of similar functions with that of the Council; and (k) assist the Local Governments in the formulation of their development plans and annual budgets.

7. Secretary. (1) There shall be appointed by the Governor of the State, a Secretary for the Council whose rank shall be equivalent to that of a Permanent Secretary in the State Civil Service. (2) The Secretary appointed pursuant to sub-section (1) of this section shall be a person of good repute and high competence and shall be the Chief Executive of the Council. (3) The duties of the Secretary shall include: (a) running the activities of the Council; (b) the implementation of the decisions policies and approved recommendations of the Council; (c) the carrying out of such other duties as may be directed to him from time to time by the Chairman of the Council; and (d) heading of the secretariat of the Council. (4) The Council may appoint, subject to approval by the Chairman, whether on transfer or secondment, such other persons as the Council may deem fit and necessary to appoint to assist it in the performance of its functions under this Law. (5) The staff of the Council appointed pursuant to sub-section (4) above shall be public officers appointed upon such terms and conditions of service as applicable in the State Civil Service.

8. Tenure of office. (1) Any member of the Council may be removed from office by the State Governor if: (a) the member ceases to hold office which entitles him to membership; or (b) the Governor is satisfied that it is not in the interest of the Council or the public that the member continues in office as a member of the Council. (2) Where a vacancy occurs in the membership of the Council, the Governor may appoint any person to the office for the unexpired period of the term of his predecessor.

9. Quorum. The Council shall not proceed to business unless a quorum is present and nine members present at any meeting of the Council shall form a quorum.

10. Annual report. The Council shall, as soon as may be practicable after the end of each year, submit to the Governor a report on its activities during that year.

11. Co-option of members. (1) Where the Council desires to obtain the advice or services of any person on any particular matter, the Council may co-opt that person as a member of the Council for the meetings as the Council may decide. (2) The person so co-opted shall have all the privileges of a member except that he shall not be entitled to vote at any meeting of the Council or count towards a quorum.

12. Proceedings at meeting. The Chairman of the Council shall preside at every meeting of the Council, which shall be held at least once a quarter, and the provisions in the Schedule to this Law shall apply to the Council.

13. Standing orders. The Council may make standing orders to regulate its own proceedings.