Produce Inspection Law

1. Citation. This Law may be cited as the Produce Inspection Law.

2. Interpretation. In this Law unless the context otherwise requires- "appropriate authority" means the person for the time being charged with ultimate responsibility for the Ministry of Agriculture and Natural Resources within the said Ministry; [No. 15 of 1973, No. 36 of 1958.] "assistant produce officer" means an officer of that rank in the produce inspection service of the State; "Board" means the Delta Produce Inspection Board established under section 5 of this Law; "buyer" means the person who himself conducts the transaction of buying, whether for himself or for another; "buying" includes exchange or barter, whether for goods or services, and any agreement or contract to buy, exchange or barter; "clean" means to free produce from any foreign, superfluous or inferior matter by picking, boiling or other means, and includes the extraction of excessive moisture from produce; "export" means to take or cause to be taken out of Nigeria; "exportable standard" means a standard which is not lower than that prescribed for produce intended for export, under the provisions of the Export of Nigerian Product Act, 1958, or any other law; "expose for sale" in relation to produce includes placing any produce on premises on which produce is habitually bought by, or for eventual delivery to, any exporter of produce or licensed buying agent, whether the person so placing such produce states that he intends to offer it for sale or not; "Government" means the Government of the Delta State; "inspector" means a produce inspector of the produce inspection service of the State, and includes any person appointed as an examiner for the purpose of this Law; "licence" means a licence issued in accordance with the provisions of this Law or of any regulations made hereunder; "licensed buying agent" means a person or a firm or a servant of such person or firm, licensed as such agent, under the provisions of the Delta Marketing Board Law; "licensing authority" means an authority empowered in accordance with the provisions of this Law or of any regulations made hereunder to grant licences; "Permanent Secretary" means the Permanent Secretary of the Ministry of Agriculture and Natural Resources; "pest" means any vermin, insect, parasite, fungus, bacterium or disease harmful to produce; "possesses for sale" in relation to produce includes constructive possession of produce which is exposed for sale, or of produce which is found upon the premises of any store in respect of which there is in force a certificate of registration issued in accordance with the provisions of any regulations made under this Law; "produce officer" means any officer of the produce inspection service of this State of or above the rank of produce officer; "selling" includes exchange or barter, whether for goods or services, and any agreement or contract to sell, exchange or barter; "senior produce inspector" means an officer of that rank in the produce inspection service of the State; "State" means the Delta State of Nigeria.

3. Appointment of examiners. The Public Service Commission may appoint fit persons to be examiners for the purpose of this Law.

4. Produce to which law applies. (1) This Law shall apply to the produce listed in the First Schedule appearing hereunder being produce intended for export. [First Schedule.] (2) The appropriate authority, with the advice of the Board, may by order add to or delete from the First Schedule any description of produce. (3) In relation to the making of an order under the last preceding subsection, the appropriate authority shall not be bound to accept the advice of the Board.

5. Establishment of the Board. (1) There shall be established a Board to be known as the Delta Produce Inspection Board. (2) The Board shall consist of seven members as follows- (a) a Chairman, being a person appearing to the appropriate authority to be fit and proper for appointment as such; (b) three members, not being officers in the public service of the State, of whom- (i) one shall be a person appearing to the appropriate authority to have special knowledge of, or interest in, matters relating to cocoa; (ii) one shall be a person appearing to the appropriate authority to have special knowledge of, or interest in, matters relating to palm produce; and (iii) one shall be a person appointed to represent the interests of licensed buying agents; (c) three members, being officers in the public service of the State, of whom- (i) one shall be a person appearing to the appropriate authority to have technical experience in matters relating to produce inspection; (ii) one shall be a person appearing to the appropriate authority to have special knowledge of, or interest in, matters relating to agricultural production in the State; and (iii) one shall be a person appearing to the appropriate authority to have special knowledge of, or interest in, matters relating to the economic development of the State. (3) The Chairman and the other members of the Board shall be appointed by the appropriate authority. (4) A member of the Board to be appointed in accordance with the provisions of subsection (2) (c) may be appointed by name or by reference to his office.

6. Constitution and proceedings of the Board. The provision of the Second Schedule appearing hereunder shall apply in relation to the constitution and proceedings of the Board.

7. Functions of the Board. The functions of the Board shall be as follows- (a) to advise the appropriate authority concerning the making of orders under section 4 (2), or the making of regulations under section 8 or in the circumstances mentioned in section 9 (3); (b) to advise the appropriate authority on any matter concerning this Law, or its application, or any matter relating to produce inspection generally.

8. Power of appropriate authority to make regulations. (1) The appropriate authority, with the advice of the Board, may make regulations providing for- (a) the precautions which shall be taken to prevent the occurrence and spread of pest infestation by means of inspection thereof, and the powers and duties of officers concerned in pest control; (b) the inspection and grading of any produce according to its quality and purity and prohibiting or regulating any dealings with or the processing of any produce which has not been so inspected and graded or which does not conform to standards prescribed in accordance with the provisions of the Export of Nigerian Produce Act, 1958, or any other enactment; [No. 36 of 1958.] (c) the structural conditions to which stores or buildings used or partly used for the inspection, grading and storage of produce must conform, and the registration, licensing, classification and numbering of such stores or buildings, and for the conditions under which produce shall be stored; (d) the prohibition of the inspection and grading of produce on any premises which do not conform to the prescribed conditions, or which have not been registered; (e) the prohibition of the conveyance of adulterated produce or produce which cannot be passed or graded in accordance with any written law, and generally the prohibition of the traffic in such produce; (f) the type of containers to be used for produce and the packing, closing, marking or sealing of the same; (g) the type of marking appliances to be used by senior produce inspectors and inspectors and the designs or letters to be placed on such parking appliances and the types of seals, presses or punch-dies to be used by any officer of the produce inspection service of the State and the designs or number to be placed on such seals, presses or punch-dies; (h) the form and place in which registers shall be kept by the person in charge of any store or building licensed in accordance with regulations made under paragraph (c) hereof for the storage of specified produce, and for the inspection of such registers by specified officers; (i) what shall be deemed to constitute adulteration for the purpose of this Law, in respect of any description of produce; (j) penalties for offences against any regulation made hereunder not exceeding a fine of five thousand naira or imprisonment for six months or both; (k) the powers and duties of produce officers, assistant produce officers, senior produce inspectors or inspectors, to permit or require the cleaning of any produce and the removal and destruction of any extraneous matter or siftings separated from produce, and the powers and duties of pest infestation control officers to require the fumigation or treatment of produce, stores, buildings or platforms used or partly used for the storage of produce, for the purpose of decontamination; (l) the fees to be paid, including those for inspection or re-inspection or overtime; (m) the conditions for the working of overtime by assistant produce officers, senior produce inspectors or inspectors, and the officers who may issue permits for overtime work; (n) the appointment of licensing authorities and the grant, renewal, form and duration of any licences which may be prescribed and the conditions which may be attached thereto; (o) the inspection, suspension or cancellation of licences, the refusal to grant licences and appeals in respect of such refusal; (p) the appointment of markets and inspection stations; (q) the conditions under which the sale and purchase of produce may be carried out Within any specified area or within any period of time whether by licence or at prescribed markets, save that the appropriate authority shall not prescribe conditions in respect of any produce the control or marketing of which has been placed in any other authority under the provisions of any other written law; (r) requiring purchasers of produce at prescribed markets to advertise the prices which they are paying for such produce and prescribing the method by which such prices shall be advertised, save that the appropriate authority shall not make such requirements or prescribe such methods in respect of any produce the control or marketing of which has been placed in any other authority under the provisions of any other written law; (s) the enforcement of necessary precautions against fire in markets, produce stores or ginneries; (t) the collection, disposition, allocation, reimbursement or waiver of any prescribed fees; (u) the exemption from any provision of regulations made hereunder of any produce or any particular species thereof, or of any person, body of persons or company dealing in such produce or species thereof; (v) the better carrying into effect of the provisions of this Law. (2) In relation to the making of regulations under the last preceding subsection, the appropriate authority shall not be bound to accept the advice of the Board. (3) The appropriate authority may make regulations without the advice of the Board in any case in which the matter is, in his judgment, too urgent to admit of the giving of their advice within the time within which it may be necessary to make the same.

9. Emergency orders for pest control. (1) In the event of an outbreak of serious pest infestation, the appropriate authority may by order notified in the Gazette provide for the immediate steps which in his opinion are necessary to combat such infestation and to prevent its spread, and, without prejudice to the generality of this provision, may provide by such order for the prohibition of the movement or for the destruction of any produce. (2) An order made under this section may prescribe penalties for offences against any of its provisions not exceeding a fine of two thousand naira or imprisonment for six months or both. (3) When an order has been made under this section, the appropriate authority shall convene a meeting of the Board within thirty days of the making of such order and shall seek the advice of the board, and, if so advised, shall by regulations made under section 8 of this Law make such provision as may be necessary in the circumstances, and upon such provision being made by the appropriate authority, the order made under this section shall, without prejudice to anything lawfully done thereunder, expire unless it shall previously have expired under the provisions of the order itself.

10. Wrongful grading an offence. (1) A produce officer, assistant produce officer, senior produce inspector or inspector who knowingly passes or grades produce for export which is not of exportable standard shall be guilty of an offence, and shall be liable on conviction to a fine pf ten thousand naira or to imprisonment for one year or to both such fine and imprisonment. (2) Where in, any prosecution under this section the person charged alleges that unauthorised use was made of any seal, press, punch-die or other sealing or marking appliance used for sealing produce or for making containers without his consent, the onus of proving such unauthorised use shall be on him. (3) In any prosecution under this section if shall be sufficient for the prosecution to prove the person charged to be a produce officer, assistant produce officer, senior produce inspector or inspector as the case may be, and that he passed or graded the produce in question for export and that such produce was not of exportable standard, and thereupon the onus of proof that such wrongful grading was not done knowingly shall be upon the person charged.

11. Unauthorised use or possession of seals, etc. Any person who- (a) makes unauthorised use of any prescribed type of seals, presses, punch-dies or other sealing or marking appliances used for sealing, produce of for marking containers, or of any apparatus for sampling or testing produce or for extracting any of the contents of bags of produce intended for export or detained under the provisions of this Law; or (b) is found in possession of any such articles or of any articles so closely resembling the same as reasonably to be mistaken therefore without lawful excuse (the onus of proving such lawful excuse being upon the person charged), shall be guilty of an offence, and shall be liable to a fine of five thousand naira or to imprisonment for one year or to both such fine and imprisonment.

12. Pest infestation. Where any produce is found to be infested or suspected to be infested with any pest- (a) a produce officer may make such order as he may deem necessary for the treatment of such pest; and (b) upon the failure of the owner of the produce to comply with any such order, the officer who made the order or any person authorised by him in that behalf in writing may enter upon any land or premises and carry out such measures as he may deem necessary to prevent the spread of the pest, at the owner’s expense.

13. Powers of entry and seizure. (1) For the purpose of carrying out his duties under this Law, any. produce officer, assistant produce officer, senior produce inspector or inspector in uniform, shall have power- (a) to enter at all times which are reasonable, having regard among other things to the religious beliefs and social customs prevailing in the area in question, any building or place in which he has reason to suppose that any produce which is subject to this Law or to regulations made hereunder is stored, and inspect and take samples of any such produce stored therein, whether or not such produce has previously been inspected or graded; (b) to stop any person carrying or believed to be carrying any such produce and to examine such produce, and to stop and search any vehicle, boat, canoe or animal carrying such produce and to call upon the person in charge of such vehicle, boat, canoe or animal or, if he cannot be ascertained, the person appearing to be in charge of such vehicle, boat, canoe or animal, and the person or persons in charge of such produce to unload any such produce for examination; (c) to direct the person in charge of the vehicle, boat, canoe or animal, and the person or persons in charge of any produce seized under the provisions of the next succeeding paragraph, to proceed in or with the particular conveyance employed to the nearest suitable place for the purpose of depositing therein the seized produce and containers thereof; (d) to seize and detain any produce which he reasonably suspects to have been adulterated, or in respect of which an offence under this Law appears to him to have been committed, together with any receptacle in which such produce is contained, and to seize and detain any article, register or document believed to be connected with the offence; (e) in cases where he is satisfied that the owner of any produce which has been seized and detained under the provisions of the last preceding paragraph did not know that the produce was adulterated, to permit the owner to clean the produce, and, when it has been cleaned, release the produce and any receptacle in which the produce was contained; and (f) to call upon any person to furnish him with any information he may reasonably require for the purpose of investigating any offence under this Law. (2) No person who obtains any information by virtue of the provisions of paragraph (f) of the last preceding subsection shall, otherwise than in the execution of his duties under this Law, disclose that information except with the permission of the appropriate authority. (3) Except as provided in subsection (1) (e) of this section, any person who seizes and detains any produce or receptacle under the provisions of that subsection shall forthwith report the fact to the nearest magistrate.

14. Treatment of detained produce. (1) Where any produce which has been seized and detained is not already packed in receptacles, a produce officer, assistant produce officer, senior produce inspector or inspector may order that it shall be so packed, and the owner of the produce and the person in charge thereof at the time of seizure shall be responsible for the provision of suitable receptacles and the labour necessary to carry out the order. (2) Save as is provided to the contrary in this section, any produce which has been seized and detained shall be sealed in receptacles to the satisfaction of a produce officer, assistant produce officer, senior produce inspector or inspector, and shall not be removed or cleared except with the written permission of a produce officer or until the charge which may be brought against any person for an offence in respect of the produce or any complaint laid for the purpose of forfeiture under the provisions of section 19 (2) has been determined: Provided that- (i) unless a charge against some person is made, or a complaint under the provisions of section 19 (2) is laid within the period of three months after the seizure, the seized produce shall be released from detention;. (ii) notwithstanding any thing contained in section 263 of the Criminal Procedure Law, where a person charged with an offence under this Law in respect of any produce has been acquitted or discharged, the court shall not order the release of the produce until fourteen days have elapsed froth the date of the judgment of acquittal or discharge, or until a produce officer has notified the court in writing of his intention not to institute further proceedings in respect of the produce whichever date is the earlier; (iii) if a produce officer notifies the court in writing, within the said period of fourteen days, of his intention to institute further proceedings in respect of the produce or to appeal against the judgment of acquittal or discharge, the court shall not order the release of the produce pending the determination of such proceedings or appeal. (3) Notwithstanding the provisions of the last preceding subsection, where a produce officer deems it advisable he may order that any produce which has been seized and detained shall be removed and kept under detention in other premises approved by him. (4) Where the owner of the produce or the person in charge of such produce considers that the condition of the produce which has been seized and detained is such that will result in further damage or deterioration, he may make an application in writing to a produce officer for the purpose of obtaining permission to clean the produce. (5) Where application has been made to a produce officer under the provisions of the last preceding subsection, the produce officer may permit the owner or person in charge of the produce to clean it, and when the produce has been cleaned it shall then be dealt with in accordance with the provisions of subsection (2) or (3) of this section. (6) Where an application made under the provisions of subsection (4) of this section ha: been granted, there shall be prepared in the presence of the applicant and the produce officer or an officer deputed by him in that behalf a document showing the net weight of the produce, the number of receptacles in which it is packed, and the gross; weight of any samples taken, and such document, when signed by both the applicant and the produce officer or his deputy, shall be conclusive evidence of the particulars therein contained. (7) Where any produce which has been seized and detained is, in the opinion of the produce officer, assistant produce officer or senior produce inspector, in such, condition that its storage in that condition will result in further damage or deterioration, and whether an application under subsection (4) has been made or not, a produce officer, assistant produce officer or senior produce inspector may order the person in charge of the produce or any person claiming to be the owner thereof to clean it, and may permit the temporary release of such produce for the purpose, and where such order has been given, the provisions of subsection (6) of this section shall apply.

15. Power to re-examine produce. (1) If a produce officer, assistant produce officer, senior produce inspector or inspector, in his discretion, considers it advisable, he may re-examine any produce which has been inspected, passed or graded, and such purpose may take all such steps in that behalf, including the opening of packages, as he may deem necessary. (2) If, upon such re-examination, the produce officer, assistant produce officer, senior produce inspector or inspector finds that the produce has not been properly passed or graded or has deteriorated to such an extent as no longer to conform to the quality or grade assigned thereto on its previous examination, such produce shall not be removed from the place of re-examination until it has been properly graded, passed and marked in accordance with the provisions of this Law and any regulations made hereunder: Provided that the produce officer, assistant produce officer, senior produce inspector or inspector may direct that the produce shall be removed to a suitable place where it may be properly passed, graded and marked. (3) If, upon such re-examination, the produce officer, assistant produce officer, senior produce inspector or inspector finds that the produce has been adulterated, or that any offence has been committed in respect of the produce, he shall deal with the produce in accordance with the provisions of sections 13 and 14 of this Law. (4) If, upon such re-examination, the produce officer, assistant produce officer, senior produce inspector or inspector finds that the produce has been properly passed or graded, he shall cause it to be re-packed, sealed and marked in accordance with the provisions of this Law and any regulations made hereunder. (5) The owner of any such produce re-examined under the provisions of this section may appeal within twenty-one days to the head of the produce inspection service of the State, or to an officer deputed by him in that behalf against the decision made on either the examination or the re-examination.

16. Offences generally. (1) Any person who- (a) hinders or molests any produce officer, assistant produce officer, senior produce inspector or inspector, or other person charged with any duties or powers under this Law or any regulations made hereunder in the exercise of any of his duties or powers; or (b) without lawful excuse, fails to comply with any order lawfully given under the provisions of this Law or of any regulations made hereunder; or (c) without lawful excuse, removes, cleans or in any way tampers with any produce or in any receptacles, which have been seized or detained by a produce officer, assistant produce officer, senior produce inspector or inspector in accordance with the provisions of this Law or of any regulations§ made hereunder; or (d) without lawful excuse, breaks or removes any seal placed upon a receptacle containing produce by a produce officer, assistant produce officer, senior produce inspector or inspector whether after the grading of the produce contained therein or after the seizure and detention of such produce and receptacle in accordance with the provisions of section 13, 14 or 15 of this Law, or any twine, wire or other means of securing such receptacle or seal; or (e) without lawful excuse, substitutes for any produce which has been inspected and passed or graded any other produce, or adds extraneous matter or any uninspected produce to any produce which has been so inspected and passed or graded; or (f) without lawful excuse, fails to furnish any information lawfully demanded under the provisions of this Law or of any regulations made hereunder, or furnishes information which he knows to be false in a material particular, or does not believe to be true; or (g) without lawful excuse, possesses or has in his custody or under his control whether for sale or any other purpose, and whether for the use or benefit of himself or any other person or whether as agent or servant of any other person- (i) any produce which has been inspected or passed or graded and the containers of which have been tampered with as described in this section; or (ii) any produce which has been substituted for produce which has been passed or graded; or (iii) any adulterated produce; or (h) adulterates, or causes to be adulterated or negligently or otherwise permits the adulteration of any produce, shall be guilty of an offence, and shall be liable to a fine of five thousand naira or to imprisonment for one year, or to both such fine and imprisonment. (2) In any prosecution for an offence under this section, the onus of proving the existence of a lawful excuse shall lie on the person charged. (3) No person shall be convicted of an offence under subsection (1)(g) of this section, if he proves to the satisfaction of the court- (a) that he did not know and could not with reasonable diligence have known that the produce or containers thereof had been tampered with or been substituted as aforesaid; (b) that he had taken all reasonable precautions against the commission of the offence; (c) that as soon as he discovered or became aware that an offence had been or was being committed he made immediate report in writing to a produce officer; and (d) that on demand made by a produce officer, assistant produce officer, senior produce inspector or inspector, he gave all the information in his power with respect to the produce and containers thereof, the person from whom he obtained the produce, and the person who conveyed or delivered it to him or to any other person on his behalf or into the possession, custody or control of himself or any such other person.

17. Offences in relation to samples. Any person authorised to take samples of produce under the provisions of this Law or of any regulations made hereunder employs or disposes of such samples or any part thereof for his own gain or use for any purpose other than that for which provision is made under any written law, shall be guilty of an offence and liable to a fine of five thousand naira or to imprisonment for one year or to both such fine and imprisonment.

18. Offences in relation to delay, etc., of inspection. (1) Any produce officer, assistant produce officer, senior produce inspector or inspector who, without lawful excuse, proof of which shall lie upon him, delays, detains or refuses to inspect, pass or grade produce for export shall be guilty of an offence and liable to a fine of five thousand naira or to imprisonment for one year or to both such fine and imprisonment. (2) The provisions of section 22 (1) shall not apply to a prosecution brought for an offence under this section.

19. Forfeiture of produce and receptacles thereof. (1) Upon the conviction of any person for an offence under this Law in respect of any produce of which he is the beneficial owner, the court may, in addition to any penalty which may be imposed therefor, order that the produce in respect of which the offence was committed and the receptacles thereof shall be destroyed or forfeited or that such produce shall be cleaned by the owner thereof to the satisfaction of a produce officer, assistant produce officer, senior produce inspector or inspector and shall thereafter be released for sale or export. (2) Where any produce or receptacle has been seized and detained under the provisions of section 13, 14 or 15 of this Law and- (a) the owner thereof is unknown or cannot be found; or (b) the produce is adulterated or is of such inferior quality that- (i) it cannot be cleaned to an exportable standard; or (ii) its retention in that condition may endanger the quality of any produce with which it may come into contact; or (iii) a produce expert considers by reason of its inferiority that it should be destroyed, and whether or not any person has been convicted of an offence in respect of such produce, a complaint shall, as soon as may be after the expiry of seven days from the date on which such produce was seized, be laid before a magistrate having jurisdiction in the place where such produce or receptacle is detained, for the purpose only of enforcing forfeiture of such produce or receptacle, and the magistrate may cause notice to be given in such manner as he may think proper, stating that unless cause is shown to the contrary at the time and place stated in the notice, such produce or receptacle may be forfeited and at such time and place the magistrate shall, unless cause is shown to the, contrary, order that the produce or receptacle shall be forfeited and disposed of in such manner as may be directed by the head of the produce inspection service of the State.

20. Duty to provide labour for inspection. Where a produce officer, assistant produce officer, senior produce inspector or inspector is about to inspect, re-inspect or re-examine any produce for any of the purposes, of this Law, the person in charge of such produce shall provide the necessary labour to enable such inspection, re-inspection or re-examination to be made.

21. Produce experts. (1) The appropriate authority may by notice in the Gazette declare suitably qualified persons to be produce experts in respect of any kind of produce. (2) In any proceedings for an offence under the provisions of this Law or of any regulations made hereunder in which the quality or condition of any produce is a fact in issue, the court may, if it thinks fit, direct any produce expert to examine such produce, or samples thereof, and to report to the court on its quality or condition, and the written report of such produce experts shall be admissible as evidence of the facts stated therein unless the person charged requires the produce expert to be called as a witness.

22. Prosecutions. (1) No prosecution (other than a prosecution by or on behalf of the Director of Public Prosecutions of the State) for any offence under this Law or any regulations made hereunder (other than an offence under section 18 of this Law) shall be commenced except with the consent of an officer not below the rank of produce officer. (2) A prosecution for an offence under this Law or any regulations made hereunder may be brought in the name of the head of the produce inspection service of the State and may be conducted by him or by a produce officer, assistant produce officer or senior produce inspector and any prosecution so instituted shall be deemed prima facie to have been commenced with due consent.

23. Recovery of fees. (1) Any fees due under the provisions of this Law or any regulations made hereunder may be recovered as a civil, debt by the head of the produce inspection service of the State. (2) All such fees shall be paid into the general revenue of the State.

24. Presumption as to intention to export. In any proceedings against any person for an offence under this Law or any regulations made hereunder, it shall not be necessary to prove that produce the subject of the charge was intended for export, and such produce shall be presumed to have been intended for export unless the contrary be proved.

25. Prosecution of public officer. (1) Where any proceedings, whether civil or criminal, are brought against any public officer in respect of any act done in pursuance of any of the provisions of this Law or of any regulations made hereunder, it shall be a good defence to show that there was reasonable and probable cause for the act in respect of which such proceedings are brought. (2) No act or thing done by any public officer, if it was done bona fide for the purpose of carrying out any provisions of this Law or of any regulations made hereunder, shall subject him personally to any action, liability, claim or demand whatsoever: Provided that nothing herein contained shall exempt any person from any proceeding by way of mandamus, injunction, prohibition or similar order.

26. Effect of inspection, passing or grading. In any proceedings relating to the quality or purity of any produce inspected, passed or graded under the provisions of this Law or of any regulations made hereunder, the inspection, passing or grading of such produce shall not be conclusive as to the quality or purity thereof. Schedule 1 PRODUCE INSPECTION LAW. [Section 4.] Produce to which the Law Applies

8. Palm Oil. Schedule 2 PRODUCE INSPECTION LAW. [Section 6.] Constitution and Proceedings of the Board

1. Tenure of office of Chairman and other members of the board The Chairman or any other member of the Board, not being an officer in the Public Service, may by notice in writing to the appropriate authority resign his chairmanship or membership as the case may be, but, save as aforesaid and subject to the provisions of this Schedule, the Chairman and every other member of the Board, not being such an officer, shall hold office for three years from the date of his appointment.

2. Appropriate authority may declare office of Chairman or other member vacant in certain circumstances If the appropriate authority is satisfied that the Chairman or any other member of the Board, not being an officer in the public service- (a) has been absent from two consecutive meetings of the Board without the permission of the appropriate authority in the case of the Chairman, or of the Chairman in the case of any member of the Board; (b) is incapacitated by physical or mental illness; or (c) is otherwise unable or unfit to discharge the functions of his office, the appropriate authority may declare his office as Chairman or other member of the Board vacant and shall notify the fact in such manner as he may think fit and thereupon such vacancy may be filled according to the provisions of section 5 of this Law.

3. Appropriate authority may appoint temporary chairman or other member Where the Chairman or other member of the Board is temporarily incapacitated or is temporarily absent from Nigeria, the appropriate authority may appoint any person to act temporarily as a chairman or member of the Board during such incapacity or absence.

4. Board may make standing orders regulating conduct of business Subject to the provisions of this Schedule, the Board may make Standing Orders providing for the proper conduct of its business.

5. Meetings of the Board Meetings of the Board shall be convened by the Chairman but any three members may by notice in writing signed by them request the Chairman to convene a special faceting of the Board for the purpose specified in such notice, and upon receipt of such notice, the Chairman shall convene a special meeting for such purpose at the earliest convenient date.

6. Power of Board to co-opt persons Where upon any special occasion the Board desires to obtain the advice of any person upon any matter, the Board may co-opt such person to be a member for such meeting or meetings as may be required, and any such person shall, whilst so co-opted, have all the rights and privileges of a member of the Board, save that he shall not be entitled to vote on any question.

7. Voting (1) All questions proposed for decision by the Board shall be determined by the majority or the votes of the members present and voting. (2) The Chairman shall have an original vote and also, if upon any question the votes are equally divided, a casting vote.

8. Quorum At a meeting of the Board, the Chairman and three members, two of whom shall be members not being officers in the public service, shall form a quorum.

9. Board may act notwithstanding vacancies or defect in appointment of chairman or other member (1) The Board shall not be disqualified for transaction of business by reason only of any vacancy in the office of Chairman or any other member. (2) No proceedings of the Board shall be rendered invalid by reason only of any defect in the appointment of the Chairman or any other member.

10. Presiding at meetings in absence of chairman Where the Chairman is absent from any meeting, the other members of the Board present may subject to the provisions of paragraph 3, appoint one of their own members to preside at such meetings.