Delta State Rural Development Agency Law

1. Citation and commencement. This Law may be sited as the Delta State Rural Development Agency Law and shall be deemed to have come into force on the 8th day of May, 2001.

2. Interpretation. In this Law unless the context otherwise requires- "Agency" means the Delta State Rural Development Agency established under this Law; "employee" means persons engaged to work as staff of the Agency; "employer" means the Delta State Rural Development Agency; "General Manager" means the General Manager of the Agency; "Governor" means the Governor of Delta State; "House of Assembly" means the House of Assembly of Delta State of Nigeria; "members" includes the Chairman; "State" means Delta State of Nigeria.

3. Establishment of the Agency and Board. (1) There is hereby established a body to be known as the Delta State Rural Development Agency and shall have such powers and duties as may be conferred on it by virtue of the provisions of this Law. (2) The Agency shall be a body corporate with perpetual succession and a common seal, with the power to sue and be sued in its corporate name and shall have the right to acquire, manage, hold and dispose of its property. (3) There shall be a Board for the Delta State Rural Development Agency.

4. Composition of the Board. (1) The Board shall consist of seven persons appointed from the three senatorial districts of the State, one of whom shall be the Chairman. (2) The Board shall also include the following ex officio members- (a) the General Manager of the Agency; (b) a representative of the supervising Ministry; (c) a representative of the Ministry of Justice or a Lawyer with not less than five years post call who shall function as the Legal Adviser to the Board. (3) The Chairman and members of the Board shall be appointed by the Governor subject to the confirmation of the House of Assembly.

5. Tenure of office. The Chairman and members of the Board shall hold office for a period of four years without prejudice to their being re-appointed for another term, provided that the Governor shall have power to terminate the appointment of any member of the Board at any time for inefficiency, misappropriation of funds or mismanagement of the affairs of the Agency.

6. Remuneration. The members of the Board and the Legal Adviser (when not from the Ministry of Justice) except the ex officio members shall be paid such salaries and allowances as may be determined by the House of Assembly.

7. Meetings of the Board. (1) The Chairman shall be the Chief Executive of the Agency and shall preside at all meetings of the Board and in his absence the members present at the meeting shall elect one of them to preside. (2) The Chairman or the members presiding at a meeting of the Board shall cast a vote if necessary for the purpose of resolving any matter put into vote.

8. Quorum. Four members of the Board, two of whom shall be appointed under section 4 (1) of this Law, including the Chairman or other members presiding, shall constitute a quorum.

9. Power of the Board to regulate meetings. Subject to the preceding provisions of this section, the Board shall have power to regulate its own proceedings and make standing orders for such purpose.

10. General Manager. (1) The General Manager shall be a person of proven integrity to be appointed by the Governor and shall report to the Executive Chairman of the Agency. (2) The General Manager shall be paid such salary and allowances as applicable in the civil service of the State.

11. Resignation and termination of appointment. Resignation or termination of appointment made under the provisions of this Law shall be by service of a month's notice in writing or the payment of a month's salary in lieu of notice.

12. Functions of the Agency. The Agency shall, subject to broad policy directives by the Governor and except insofar as may be otherwise provided in this Law, perform the following functions- (i) provision and rehabilitation of rural electrification schemes in the State; (ii) rehabilitation of rural roads with particular reference to earth roads; and (iii) clearing of rural waterways.

13. Appointment of other employees and departmental heads. (1) The Board may on the recommendation of the Commissioner in charge of the supervising Ministry- (a) appoint heads of departments to be known as Directors and their assistants in accordance with the Civil Service Rules; (b) from time to time engage or employ such officers and employees as deemed necessary for the due and proper execution of its functions under the provisions of this Law: Provided that the Board shall have powers to make regulations from time to time for the exercise of disciplinary control over the departmental Directors. (2) The salaries and allowances of employees shall be comparable with the salaries and allowances obtainable under the State civil service.

14. 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 of the Council, with the agreement of such officers. (2) Within a period of six months, the Agency may offer in writing to every officer posted to it, employment on such terms and conditions as the Agency may deem appropriate in each case.

15. Departments. The Board shall have power to create departments or divisions within the Agency for the effective performance of its functions under this Law.

16. Funds and resources. The funds 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 be advanced by way of loans or grants to the Agency, by approved sources other than Government; (d) any investment or 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; and (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.

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

18. Guarantee by Government of loans to the Agency. (1) The Government may guarantee, in such manner and on such terms and conditions, the payment of the principal and interest on any sum of money borrowed by the Agency. (2) Such sums of money as may be required by the Accountant-General for the purposes of making good the obligations of the Government under any guarantee in respect of money borrowed by the Agency, shall be a charge on the consolidated revenue fund of the State.

19. Accounts and audit. (1) The Agency shall keep account of its transactions in such form as the Governor may direct, being a form which 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 account to the Governor. (4) The Governor shall consider such report and present it to the Executive Council.

20. 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 the appointed, days and the 31st December next following. (2) The Agency shall, on or before the 31st 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.

21. Delegation of Governor's power. 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.

22. Limitation of suits against the Agency. 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 after the act, neglect or default complained of or, in the, case of a continuance of damage or injury, within twelve months after the ceasing thereof.

23. Suits. (1) No suit shall be commenced against the Agency unless a month’s written notice of intention to commence same has been served upon the Agency 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.