A BILL
FOR
AN ACT TO
ESTABLISH DESERTIFICATION, EROSION, FLOOD AND ECOLOGICAL CONTROL AGENCY AND FOR
OTHER RELATED MATTERS, 2017 (HB. 101)
Sponsored
by Hon. Hassan A. Ornale
Provisions of the Bill
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Committee’s Recommendation
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PART 1 -
ESTABLISHMENT OF THE ENVIRONMENTAL DISASTERS CONTROL AGENCY
Establishment of the agency.
1. (l) There is
established a body to be known as Environmental Disasters Control Agency.
(2) The Head Office of the
Agency shall be in Abuja with an office in each State of the Federation.
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Establishment of a Governing Council.
2. (1) There shall be a
Governing Council for the Agency (in this Bill referred to as "the
Establishment Council") which shall control the affairs of the Agency of
a Governing Council.
(2) The Council shall consist
of:
(a) Chairman;
(b) 2 representatives from each
of the six zones and the Federal Capital Territory and a representative from
the following Ministries-
(i) Federal Ministry of
Environment;
(ii) Federal Ministry of
Agriculture and Water Resources;
(iii) Federal Ministry of
Works;
(iv) Federal Ministry of
Finance;
(c) National Emergency
Management Agency (NEMA);
(d) Director-General of the
Agency.
(3) Appointment of the Council
members-
(a) the Chairman and the
members of the Council shall be appointed by the President on the
recommendation of the Minister of Environment;
(b) shall be persons of proven
integrity, honour and ability; and
(c) shall be part-time members
except the Director-General who shall be on full-time basis.
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Schedule.
3. The supplementary provisions set out in the Schedule to this
Bill shall have effect with respect to the proceedings of the Council and
other matters contained therein.
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Tenure of office.
4. The Chairman and the members of the Council shall each hold
office:
(a) for a term of 4 years and
may be reappointed for a further term of 4 years and no more; and
(b) on such terms and
conditions as may be specified in their letters of appointment.
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Cessation of membership.
5. (1) A person shall
cease to hold office as a member of the Council if-
(a) he becomes bankrupt,
suspends payment or compounds with his creditors;
(b) he is convicted of a felony
or any offence involving dishonesty or fraud;
(c) he becomes of unsound mind
or is incapable of carrying out his duties;
(d) he is guilty of a serious
misconduct in relation to his duties;
(e) in the case of a person. who
possesses any professional qualification and is disqualified or suspended,
other than at his own requests, from practising his profession in any part of
the world by any order of a competent authority made in respect of that
member; or
(f) he resigns his appointment
by a letter addressed to the President.
(2) Where a member of the
Council ceases to hold office for any reason whatsoever, before the
expiration of the term for which he is appointed, another person representing
the same interest as that member shall be appointed to the Council for the
unexpired term.
(3) A member of the Council may
be removed by the President on the recommendation of the Minister if he is
satisfied that it is not in the interest of the Agency or the public that the
member continues in office.
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Allowance of members.
6. Members of the Council shall be paid such allowances and
expenses as the Government may direct from time to time.
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Power of the Council.
7. The Council shall have power to-
(a) manage and superintend over
the affairs of the Agency;
(b) make rules and regulations
for the effective running of the Agency;
(c) employ and pay the staff of
the Agency such remuneration and allowances payable to person in similar organisations in the
country;
(d) enter into such contracts
as may be necessary or expedient for the discharge of its functions and to ensure the efficient
performance of the functions of the Agency; and
(e) receive, disburse and
account for Funds of the Agency.
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PART II - FUNCTIONS
AND POWERS OF THE AGENCY
Functions of the agency.
8. (1) The functions of the Agency are to:
(a) carry out an extensive
survey of the extent of environmental disasters in the country such as desertification,
deforestation, drought, floods, erosions, ocean surge, etc;
(b) formulate policies and
guidelines for the control and management of environmental disasters in the
country;
(c) conceive, plan, and
implement in accordance with set rules, projects and programmes for
environmental disasters control and management;
(d) provide emergency relief
and settlement of people in areas afflicted by environmental disasters by the
Federal Government;
(e) identify factors inhibiting
the control and management of environmental disaster in the country;
(f) ensure sound and efficient
management of the resources available to the Agency from the Federation
Account;
(g) to provide solutions to the
problems of desertification, floods, deforestation erosion, droughts and all
the ecological challenges;
(h) provide accurate data on
environmental menace in the country; and
(i) carry out such functions as
the President may from time to time direct.
(2) Pursuant to section 7(1)
(a), the functions of the River Basins Development Authorities Act, relating
to control of floods and erosion are hereby transferred to this Agency.
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Powers of the agency.
9. (1) The Agency has power to do anything which will facilitate
the carrying out of it functions and in particular may:
(a) sue or be sued in its
corporate name;
(b) acquire, hold, and manage
movable and immovable property;
(c) monitor and control
desertification, drought, erosion, floods, deforestation, ocean surge,
coastal erosion, and related environmental disasters in the affected areas;
(d) enter into contracts for
the control and management of all desertification, drought, erosion, floods
and other environmental problems;
(e) purchase, or acquire any
asset, businesses or property considered necessary for the proper conduct of
its functions;
(f) sell, let, lease or dispose
of any of its property;
(g) undertake or sponsor
research where necessary, for the performance of its functions; and
(h) train managerial, technical
or other category of staff for the purpose of running the affairs of the
Agency.
(2) The powers conferred on the
Agency may be exercise by it or through any of its employees or agents
authorised in that behalf by the Agency.
(3) The Agency shall not be
subject to the direction, control or supervision by any other authority or
person in the performance of its functions under this Bill except the
President on the advice of the Minister.
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PART III -
APPOINTMENT OF DIRECTOR-GENERAL
Appointment and duties of the Director-General.
10. (1) There shall be a Director-General who shall be appointed
by the President on the recommendation of the Minister of Environment.
(2) The Director-General shall:
(a) be the Chief Executive and
accounting officer of the Agency; and
(b) be responsible to the
Council for execution of the policies and the administration of the daily
affairs of the Agency.
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Tenure of office and remuneration of the Director-General.
11. (1) The Director-General shall be appointed for a term of 5
years in the first instance and may be reappointed for a further term of 5
years and no more, subject to satisfactory performance.
(2) The Director-General shall
be paid such remuneration as may be prescribed in his letter of appointment.
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Resignation of Director-General.
12. The Director-General may resign his appointment by a letter
delivered to the President through the Minister.
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Staff of the agency.
13. The Council shall appoint for the Agency such number of
employees as may in the opinion of the Council be expedient and necessary for
the proper and efficient performance of the functions of the Agency and pay
them remunerations and allowances as obtained in the public service.
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Appointment and duties of Secretary.
14. The Council shall appoint for the Agency a Secretary who
shall-
(a) be a qualified graduate
with not less than 10 years post NYSC experience;
(b) keep the records and
conduct the correspondence of the Agency; and
(c) perform such other
functions as the Councilor the Director-General may direct.
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Appointment and secondment from public service.
15. (1) Notwithstanding the provisions of sections 12 and 13, the
Council shall have power to appoint for the Agency either directly or on
secondment from any public service in the Federation, such number of
employees as may, in the opinion of the Council be required to assist the
Agency in the discharge of any of its functions under this Bill.
(2) The person seconded under
this section may elect to be transferred to the service of the Agency, and
any previous service he might have rendered in the public service shall count
as service to the Agency for the purpose of any pension subsequently payable
by the Agency.
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Structure of the agency.
16. There shall be established for the Agency such departments as
may be deemed expedient for efficient operation.
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PART IV- FINANCIAL
PROVISIONS AND AUDIT
Provision of
superannuation.
17. The Agency shall pay gratuities or provide and maintain
further such superannuating schemes (whether contributory or not for the
employees).
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Funds
of the agency.
18. (1) The Agency shall establish and maintain a Fund into which
all moneys accruable to the Agency shall be paid and from which all the
activities of the Agency shall be Funded.
(2) There shall be paid and
credited to the Fund such money as may be appropriated by the National
Assembly:
(a) by the Federal Government,
the equivalent of 3 percent of the Consolidated Revenue Fund;
(b) all the moneys accruing to
the Ecological Fund Office upon the enactment of the Bill;
(c) donations, gifts and grants
from individuals or corporate organisations at home and abroad.
(3) The Funds of the Agency
shall be disbursed according to the approved formula.
(4) The Council shall cause the
accounts of the Agency to be audited quarterly and shall be externally audited
once every year.
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Power to accept gifts.
19. (1) The Agency may
accept gifts of land, money or other property on such terms and conditions,
if any, as may be specified by the person or organisation making the gift.
(2) The Agency shall not accept
any gift if the conditions attached are inconsistent with the functions of
the Agency under the Bill.
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Power to borrow.
20. The Agency may, from time to time, borrow such sums of money
as it may require to execute or complete some special projects of the Agency.
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Annual estimates and expenditure.
21. (1) The Council shall, not later than 30th of September each
year, submit to the National Assembly through the Minister an estimate of the
expenditure of the Agency during the next succeeding fiscal year.
(2) The Council shall approve
all expenditure of the Agency.
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Accounts and records.
22. The Agency shall:
(a) cause to be kept proper
account and records of the transactions and affairs of the Agency and ensure
that all payments out of its moneys are correctly made and properly
authorised;
(b) ensure that adequate
control is maintained over assets of, or in the custody of the Agency and
over incurring of liabilities; and
(c) prepare in respect of each
financial year a statement of accounts in such form as the Auditor-General
may direct.
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Audit.
23. The accounts of the Agency shall be audited not later than
six months after the end of the year to which they relate by Auditors
appointed by the Agency from the list of the Auditors supplied and in
accordance with the guidelines issued by the Auditor-General of the
Federation.
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Annual Report.
24. The Agency shall prepare and submit to the Council not later
than so" June each year a report on the activities of the Agency, the
audited accounts of the Agency and the Auditors report thereon for each year
preceding the report.
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Power to acquire land.
25. The Agency may subject to the Land Use Act, acquire any land
for the purpose of discharging its functions.
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PART V-
MISCELLANOUS PROVISIONS
Limitation of suits against the agency.
26. The Provisions of the Public Protection Act shall apply in
relation to any suit instituted against any officer or employee of the
Agency.
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Service of documents.
27. A notice, summons or any other documents required or
authorised to be served upon Agency under the provisions of this Bill or any
other law or enactment may be served by delivering it to the Director-General
at the principal office of the Agency.
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Indemnity of officers.
28. A member of the Council, the Director-General, an officer or
employee of the Agency shall be indemnified out of the assets of the Agency
against any proceeding, whether civil or criminal, in which judgement is
given in his favour, or in which he is acquitted if any such proceeding is
brought against him in his capacity as member of the Council,
Director-General, officer or employee of the Agency.
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Engagement of experts other than staff.
29. The Director-General may with the approval of the Council
engage persons with knowledge or experience in the control of
desertification, drought, floods, erosion, ocean surge, deforestation,
coastal erosion or other ecological related issues or in matters relevant to
the functions of the Agency to assist otherwise than on the basis of full
time employment.
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Power to give directive to the agency.
30. The President or Minister may give to the Agency directives
of a general or special nature with respect to any of its functions.
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Savings and transitional provision.
31. (1) The statutory functions, rights, interests, obligations
and liabilities of the Ecological Funds Office before the commencement of
this Bill under any contract or instrument, shall by virtue of this Bill be
deemed to have been assigned to and vested in the Agency.
(2) All assets, funds,
resources or any other movable or immovable property which immediately before
the commencement of the Bill, were vested in the Ecological Fund Office shall
be vested in the Agency.
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Regulation.
32. The Council may, with the approval of the Minister, make
regulations for the purpose of carrying out or giving full effect to the
provisions of this Bill.
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Interpretation.
33. In this Bill-
"Agency" means
Environmental Disasters Control Agency established under section 1 (1) of
this Bill;
"Council" means a
Governing Council of the Agency established under section 2(1) of this Bill;
"Environmental
disasters" include erosion, desertification, floods, droughts, ocean
surge, deforestation, hurricane, storms and whirlwind;
"function" includes
power and duty;
“member" means a member of
the Council and includes the Chairman;
"the Minister" means
the Minister in charge of Environment; and
"the President" means
the President of the Federal Republic of Nigeria.
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Citation.
34. This Bill may be cited as the Desertification, Erosion, Flood
and Ecological Control Agency Bill, 2015.
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SCHEDULE
SUPPLEMENTARY
PROVISIONS RELATING TO THE COUNCIL, ETC.
Proceeding of the Council
1. (1) Subject to the Interpretation Act, the Council may make
standing order regulation its proceedings or any of its committees.
(2) The quorum of the Council
shall be the Chairman, or the person presiding at the meeting and 1/3 of
membership present.
2. (1) The Council shall meet whenever it is summoned by the
chairman and if the chairman is required to do so by notice given to him by
not less than 1/3 of the membership, he will summon a meeting of the Council
to be held within two weeks from the date on which the notice is given.
(2) Where the Council desires
to obtain the advice of any person on a particular matter, the Council may
co-opt him to the Council for such period as it deems fit. But a person who
is in attendance by virtue of this subparagraph shall not be entitled to vote
at any meeting of the Council and shall not count towards a quorum.
Committee
1. (1) The Council may appoint one or more committees to carry
out on behalf of the Council such functions as the Council may determine.
(2) A committee appointed under
this paragraph shall consider such number of persons as may be determined by
the Council and a person shall hold office on the committee in accordance
with the terms of his appointment.
(3) A decision of a committee
of the Council shall be of no effect until it is confirmed by the Council.
2. (1) The fixing of the seal of the Agency shall be authenticated
by the signatures of the Chairman or any other member of the Council
generally or specifically authorised by the Council to act for that purpose.
(2) Any contract or instrument
which, if made or executed by a person not being a body corporate, would not
be required to be under seal may be executed on behalf of the Agency by the
Director-General or any person generally or specifically authorised by
Council to act for that purpose.
(3) A document purporting to be
a document duly executed under the seal of the Agency shall be received in
evidence and shall, unless and until the contrary is proved, be presumed to
be so executed.
(4) The validity of any
proceedings of the Council shall not be adversely affected by -
(a) a vacancy in the Councilor
committee;
(b) a defect in the appointment
of a member of the Councilor committee; or
(c) reason that a person not
entitled to do so took part in the proceedings of the Council or committee.
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EXPLANATORY
MEMORANDUM
This Bill, among other things
seeks to establish an Environmental Disasters Control Agency as a statutory
body and vests it with the responsibility to manage and control
desertification, drought, erosion, floods, deforestation, ocean surge,
hurricane, storm, whirlwind in any state of the Federation.
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