Delta State Engineering Project Monitoring and Control Board Law, 2012

DELTA STATE ENGINEERING PROJECT MONITORING AND CONTROL BOARD LAW, 2012

1. Short Title and Commencement. This Law may be cited as the Delta State Engineering Project Monitoring and Control Board Law, 2012 and shall come into force on the 22nd Day of November, 2012.

2. Interpretation. In this Law, unless the context otherwise requires: "Act" means the Engineers (Regulations, etc) Act of 2004; "Board" means the Delta State Engineering Project Monitoring and Control Board; "Chairman" means Chairman of the Board; "COREN" means the Council for the Regulation of Engineering in Nigeria; "Engineering Ministry" means Ministries, Departments and Agencies; "ERM Inspector" means Engineering Regulation Monitoring Inspector; "Governor" means the Governor of Delta State; "House" means the Delta State House of Assembly; "Panel" means the Registered Engineers Investigating Panel provided in Section 15(3) of the Act, charged with conducting preliminary investigation into allegations of misbehavior or misconduct of registered Engineers; "Registered Engineers" means a person registered under the Act; "Secretary" means the Secretary of the Board; "State" means Delta State of Nigeria; "The Tribunal" means the Registered Engineers Disciplinary Tribunal provided in Section 15(1) of the Act, charged with the duty of considering and determining any case referred to it.

3. Establishment of the Board. (1) There is hereby established in the State a body to be known as tie Delta State Engineering Projects Monitoring and Control Board hereinafter referred to as the "Board" which shall monitor, control and uphold standards in the design and execution of Engineering Projects in the State. (2) The Board shall be a body corporate with perpetual succession and seal, with power to sue and be sued in its corporate name, hold and dispose property movable or immovable for the purpose of its functions under this Law.

4. Functions of the Board. The Board is charged with the following functions: (a) to monitor and control the activities of engineering firms, personnel and projects execution in the State; (b) to recommend appropriate action or impose penalty on persons, group of persons, establishments, and organizations who are indicted by ERM Inspectors as violators of COREN Regulations of Provisions of Decrees 55 of 1970 and 27 of 1992. (c) to execute continuing professional capacity building in Engineering; and (d) to carry out preliminary investigations, as may be directed by the Registered Engineering Personnel Investigation Panel, on allegation of misconduct against any registered engineering personnel or consulting firms as may be referred to it by COREN or the Governor and advise as appropriate.

5. Composition of the Board. (1) The Board shall be appointed by the Governor subject to the confirmation of the House and shall consist of: (a) a Chairman who shall be registered by COREN, with not less than 10 years of professional experience; (b) (i) There shall be six (6) other registered engineers, two (2) from each of the senatorial districts of the state and such other Ex-officials to wit: (ii) one representative of each Engineering Ministry, who shall be a registered engineer; (iii) one representative of the State University Engineering Faculty, who shall be a registered Engineer; (iv) one representative of the State Polytechnics, and School of Marine Technology, Burutu, who shall be a registered engineer; (v) one representative of the Association of Council of Engineers in the State; (vi) one representative of the National Association of Technology Engineers, (NATE), Delta State branch; (vii) one representative of Nigerian Society of Engineering Technologist (NISET), Delta State branch; (viii) one representative of National Association of Engineering Craftmen (NAEC). Delta State branch; and (ix) one representative of the Nigerian Bar Association (NBA). (2) Eligibility for appointment shall be an up to date financial membership of: [Appointment of Members.] (a) COREN; and (b) Nigerian Society of Engineers at the State level. (3) The Governor shall have powers to appoint the Chairman and members of the Board subject to the confirmation of the House.

6. Secretary and other staff. (1) (a) There shall be a Secretary of the Board who shall be appointed by the Governor. (b) The Secretary shall be a registered Engineer in one of the Engineering Ministries not below the rank of an Assistant Director. (2) The Secretary shall:- (a) be the accounting officer of the Board; (b) subject to the general direction of the Board have disciplinary control over the staff of the Board; (c) carry out the day-to-day activities of administration of the Board; and (d) carry out such other duties as may be directed from time to time by the Chairman. (3) (a) The Board shall, with the approval of the Governor, have power to employ such number of staff as it may require, or second from any civil or public department of the State, such number of employees necessary for the discharge of any of its functions under this law. (b) The remuneration grading and other terms and conditions of service of staff in paragraph (a) of this sub-section shall be such remuneration, grading, terms and conditions as applicable to the state civil service.

7. Tenure of office. (1) The Chairman who shall be the Chief Executive of the Board, and other members shall hold office for a tenure of three years and may be reappointed for a second term only. (2) The Chairman or any Member of the Board shall be removed from office by the Governor upon the inability of the Chairman or member to discharge the functions of the office, whether such inability arises from infirmity of the mind or body or any other cause or for misconduct upon 2/3 majority of the members of the House. (3) Upon any vacancy occurring in the membership of the Board, the Governor shall appoint an appropriate person to fill such vacancy subject to Section 3 of this Law.

8. Remuneration. The Chairman and Members of the Board shall be paid such remuneration and allowances as applicable to similar Boards in the State.

9. Proceedings. (1) The Board shall have power to regulate its own proceedings. (2) Notwithstanding the provision of sub-section (1) of this section, quorum for a meeting of the Board shall be two-thirds of its members. (3) The Chairman shall preside at every meeting of the Board. (4) In the absence of the Chairman, one of the members present shall be appointed to preside.

10. Departments. (1) The Board shall have the following departments: (a) Administration and Finance department; (b) Monitoring and Control department; (c) Planning, Research and Statistics department; and (d) Training and Advocacy department. (2) The Board shall have such units in the departments and any such department necessary for the effective execution of the Board’s functions.

11. Funds, Accounts and Audit. (1) The Board shall in each financial year prepare estimates of recurrent and capital expenditure and forward them to the Auditor- General of the state through the Commissioner for Economic Planning for inclusion in the annual budget estimates of the State. (2) The Secretary of the Board shall keep proper records and accounts in relation thereto. (3) The accounts of the Board shall be audited annually by a registered external auditor and the audited report submitted to the Governor not later than 30th June of the succeeding year.

12. Application for the Board's Funds. (1) The Board may from time to time apply its funds to: (a) Cost of administration of the Board; (b) Undertake such other activities as are connected with all or any of the functions of the Board under this law; and (c) Undertake the execution of programmes and projects for the purpose of engineering projects monitoring and control in the state.

13. Regulations, Rules, Orders and Offences. (1) The regulations, rules, orders and offences as prescribed by COREN and conferred by the Engineers (Registration, ETC) Act, 2004 shall be upheld by the Board in the practice of Engineering in the State. (2) The Board shall in any case where in pursuance of Section 15 of the Act, 2004 is of the opinion that a prima-facie case is made against a registered Engineer, shall report the case, charge or charges together with all the documents to the Panel or Disciplinary Tribunal and Investigating Panel of COREN. (3) The Board shall be a party to the proceedings before the Tribunal or Panel us the complainant.