Delta State Task Force on Fund for Mineral Producing Areas Law, 1990

DELTA STATE TASK FORCE ON FUND FOR MINERAL PRODUCING AREAS LAW, 1990

1. Citation. This Law may be cited as the Delta State Task Force on Fund for Mineral Producing Areas Law, 1990.

2. Interpretation. In this Law unless the context otherwise requires- "appropriate authority" means the Governor of the State; "Chairman" means the Chairman of the Task Force; "functions" include powers and duties; "Governor" means the Governor of Delta State; "Government" means the Government of the State; "members" of the Task Force include the Chairman of the Task Force; "mineral producing areas" shall refer to: Burutu, Ethiope, Isoko, Ndokwa, Okpe, Ughelli, Sapele and Warri Local Government Areas and any other Local Government Areas in the State where mineral may hereafter be discovered-and produced; "Task Force" means State Task Force on Fund for Mineral Producing Areas.

3. Dissolution of the State committees and local committees and the establishment of Task Force. The State Committee and Local Government Committee on Fund for Mineral Producing Areas are hereby abolished and there is hereby established in their place the Delta State Task Force on Fund for Mineral Producing Areas (herewith, called "the Task Force") in accordance with the guidelines from the Presidential Committee on the Development of Mineral Producing Areas.

4. Incorporation of the Task Force. (1) The Task Force shall be a body corporate with perpetual succession and common seal and power to sue and be sued in its corporate name and power to acquire, hold and dispose of, movable and immovable property. (2) The Common Seal of the Task Force shall be authenticated by the signature of the Chairman or any member authorised to act in that behalf and of the Secretary of the Task Force. (3) All documents other than those required by law to be under seal and all decisions of the Task Force shall be signified under the hand of the Chairman or any member authorised to act in that behalf or the Secretary of the Task Force.

5. Composition of the Task Force. The Task Force shall consist of the following members- (a) the Commissioner for Finance and Economic Planning - Chairman; (b) the Commissioner for Works - Member; (c) the Commissioner for Transport - Member; (d) the Commissioner for Information and Culture - Member; (e) representative of the Presidential Committee on the Development of Mineral Producing Areas; (f) one representative from the Mineral Producing Local Government Areas - non- permanent members (to attend meetings only when issues concerning their areas are to be discussed); and (g) the secretary who shall be a civil servant in the service of the state.

6. Appointment. The Governor shall appoint members of the Task Force referred to in Section 5 of this Law.

7. Tenure. (1) The members for the Task Force described in section 5 of this Law shall hold office at the Governor’s pleasure for a period of three years from the date of their appointment and may be eligible for re-appointment for another term of three years. (2) The Governor shall have power to revoke the appointment of any member, of the Task Force at any time.

8. Remuneration of members of the Task Force. There shall be paid to the members (not being ex officio members) such remuneration and allowances as may be determined by the Governor.

9. Resignation of Task Force members. Any member of the Task Force may resign his appointment at any time by notice in writing addressed to the Governor.

10. Functions of Task Force. The functions of the Task Force shall be- (a) disburse or utilise the 1.5 per cent Fund allocated to the oil producing local government area of the State in accordance with the guidelines from the Presidential Committee on the Development of Mineral producing Areas; (b) collate, process and forward for approval of the Presidential Committee on the Development of Mineral producing Areas, Lagos, identified projects from mineral producing communities submitted to it by the local governments; (c) award contracts subject to approval of the Presidential Committee on the Development of Mineral Producing Areas, Lagos; and (d) do such things that are in its opinion necessary for or conducive to the proper discharge of its functions.

11. Meeting of the Task Force and quorum. (1) The Task Force shall hold meetings at least once in every month and such meetings shall be held at such places, time and date as the Chairman may decide. (2) The Chairman may at any time call a special meeting of the Task Force. (3) The Chairman shall preside at all meetings of the Task Force at which he is present and in his absence, the members present at the meeting shall select one of their members to preside at such meeting. (4) The Chairman, or in is absence, the member presiding at a meeting of the Task Force shall have an original and a casting vote. (5) Five Task Force members, including at least two of the members mentioned in section 5(a)-(d) of this Law shall form a quorum. (6) Subject to sub-section (5) of this Law the validity of any proceeding of the Task Force shall not be affected by any vacancy in its membership or any defect in the appointment of a member.

12. Procedure for identification, selection of development project, contract awards and payment. The procedure for the identification, selection of development projects, award of contract and payments shall be in accordance with the guidelines from the Presidential Committee on the Development of Mineral Producing Areas, Lagos.

13. Secretariat of the Task Force. The secretariat of the Task Force shall be at the Governor’s Office, Delta State.

14. Finance. (1) The Task Force shall: (a) receive the money due from the 1.5 Per cent Fund for Mineral Producing Areas from the Federal Government and shall deposit amount into its bank accounts; (b) appoint its bankers and signatories to the bank accounts in accordance with the guidelines from the Presidential Committee on the Development of Mineral Producing Areas, Lagos. (c) submit annual estimates to the appropriate authority for approval; (d) prepare and submit to the, appropriate authority an annual report of its activities and a financial statement of the Task Force; (e) keep proper accounts of is receipts and payment for each financial year as well as proper records in relation to those amounts and shall cause the accounts to be audited by the Director of Audit. (2) The Chairman shall be the chief executive accounting officer of the Task Force.

15. Repeal of Law No. 9 of 1988. The Delta State Committee on Fund for Mineral Producing Areas Law No. 9 of 1988 is hereby repealed but without prejudice to anything done or caused to be done thereunder.