Markets Management Board Law

1. Citation. This Law may be cited as the Markets Management Board Law.

2. Interpretation. In this Law- "appropriate authority" means the member of the Government of the State for the time being charged with the responsibility for the exercise of the functions of the appropriate authority under this Law; "Board" means the Markets Management Board established by this Law; "Chairman" means the Chairman of the Board; "Governor" means the Governor of Delta State; "Market" means any ground, open space, built up stores, stores, shelter, kiosk and any other defined land space where buyers and sellers of goods usually meet or are to meet to buy and sell goods whether at definite intervals or not which is traditionally used for the buying and selling of goods, or declared by the State or the Local Government Council as such or any part of such market; "Secretary" means the Secretary to the Board; "State" means the Delta State of Nigeria.

3. Establishment of the Board. (1) There is hereby established the Markets Management Board (hereinafter referred to as the Board). (2) The Board shall be a body corporate with perpetual succession and a common seal and shall sue and be sued in its corporate name with power to hold, acquire and dispose of lands.

4. Membership of the Board. (1) The Board shall consist of- (i) the Commissioner for Trade, Commerce Industry, Co-operatives and Tourism ................................ Chairman (ii) the Commissioner for Works ......................................... Member (iii) the Commissioner for Transport ..................................... Member (iv) the Commissioner for Justice ............................................ Member (v) the Commissioner for Finance and Economic Planning ................................. Member (vi) the Chairman of the Warri South Local Government Council .................................... Member (vii) the Permanent Secretary, Liaison Office, Warri .......................... Member (viii) a representative of the Directorate of Lands ............................... Member (ix) the Director of Commerce, Ministry of Commerce ................................ Secretary (2) Functions.- It shall be the duty of the Board to- (i) take over the construction of any market over which there is dispute either between one functionary of Government or Local Government Council and another or between one ethnic group or another or part thereof; (ii) to take over any market, for the purposes of completion of any work to be done, build, allocate and manage the market where such market has been or appears to have been abandoned for more than three months; (iii) take over the completion, allocation of stores and general management of any market where the State fund is involved or where the State is a guarantor or would be financially liable to third parties; (iv) to raise funds from whatever lawful source with the approval of the Governor for the performance of its duties and functions; (v) acquire further or additional land for construction, or relocation or expansion of art existing market within its management.

5. Specific powers. In particular and without prejudice to the generality of the provisions of section 4 of this Law, the Board shall have power- (a) to control and fix rates which shall be paid by members of the general public for the allocation of stores, stalls in any market within its management; (b) to award any contract to any person or body of persons for the construction of any work or general maintenance of any market within its management; (c) to have all the powers necessary and incidental to the proper and profitable performance of its duties and functions in section 4 of this Law and such other duties and functions the Executive Council may from time to time assign; (d) to do all filings necessary for or in connection with the cleansing and waste disposal emanating from the operation of any market; (e) to provide any market with such modern facilities as it may deem fit to provide from time to time either alone or in agreement with any person or body of persons; (f) to have general control and management of any market within its powers, duties and functions; (g) to charge and collect fees for facilities provided by or under the arrangement of the Board; (h) to engage in the marketing of any produce, product or service which in its opinion can be profitably engaged in.

6. Protection of members of the public who finance the market. Where in the performance of its duties and functions by, under or pursuant or deemed so under this Law the Board enters into any arrangement with members of the public by which individual members of the public are made to self-finance or contribute to the construction of any stall, store and that such shall be entitled to the exclusive use of any such store, stall or facilities and upon completion of the stated period such understanding agreement shall not be varied to the detriment of such person.

7. Power to make regulations. The Board may make any rules for the orderly conduct of business in the market and all matters over which it has powers.

8. Meetings and quorum. (1) The Board shall hold meetings bi-monthly and on such other occasions as its business may require. (2) At every of its meeting three members shall form the quorum. (3) The Chairman shall have a casting vote in the event of a tie of votes.

9. Power to co-opt. Where upon any special occasion the Board desires the expertise of a person on certain matters, 'the Board may co-opt such person to be a member for such number of meetings as may be required and the person so co-opted shall have all the rights and privileges of a member except the right to vote on any issue.

10. Power of Board to acquire real and personal property and to contract. The Board shall have power to acquire and to hold, manage and dispose of property whether real or personal for the purposes of its functions under this Law or any other law and enter into any contract, for the purpose of carrying out any of its functions under this Law.

11. Power of Board to invest and grant loans to the Government. Any monies standing to the credit of the Board may from time to time be invested in such securities, stocks or shares as the appropriate authority may either generally or specifically approve and the Board may from time to time with like approval sell any or all of such securities, stocks or shares.

12. Power to borrow. The Board may with the approval of the appropriate authority from time to time borrow whether by way of mortgage or otherwise, such sums of money for and in connection with the exercise or performance of its powers or functions as the case may be under this Law as it may deem necessary.

13. Funds and resources of the Board. The funds and resources of the Board shall consist of- (a) such sums as may be appropriated from time to time to the Board by the State Government; (b) monies derived from the sale of produce subject to this Law; (c) monies earned or arising from any property and investment acquired by or vested in the Board; (d) monies raised by way of loans under section 12 of this Law; (e) all other sums or property which may in any manner become payable to or vested in the Board.

14. Expenditure. The Board may from time to time apply the funds at its disposal- (a) for the purchase of produce subject to this Law; (b) for defraying the cost of the administration of the Board; (c) for paying the remunerations, honoraria and expenses of the members in accordance with this Law; (d) for defraying the cost of the administration of representative committees and paying the remunerations, honoraria and expenses of the members of such committees; (e) for paying the salaries, allowances, gratuities and pensions of the servants of the Board; (f) for paying interest charged in respect of any money borrowed under section 12 of this Law; (g) for the control of pests; (h) for any purpose connected with the performance and exercise of any of the functions and powers of the Board under this Law.

15. Servants of the Board. The Board may- (a) from time to time appoint upon such terms and conditions as it may think fit, such officers and employees as it may consider necessary for the proper and efficient conduct of the operations of the Board; (b) grant pensions, gratuities or retiring allowances to any of its officers or employees including the General Manager and the Secretary, and may require such officers or employees to contribute to any pension scheme; (c) make regulations prescribing the conditions of service for the officers and employees of the Board and for the grant of retirement benefits under an approved pensions scheme. [No. 15 of 1975.]

16. Accounts. (1) The Board shall keep proper accounts of its transactions in accordance with extant regulations and approvals and shall be audited by the Auditor-General of the State or other fit and proper professional body as shall be appointed from time to time. (2) The remuneration of the auditor where private auditors are appointed shall be approved by the Board before the appointment.