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A BILL A LAW TO ESTABLISH A SYSTEM OF PARTICIPATORY DEVELOPMENT ADMINISTRATION THROUGH DEVELOPMENT COMMITTEES IN COMMUNITIES AND BY PEOPLE HAVING OR SHARING ETHNIC OR LINGUISTIC ASSOCIATION OR OTHER INDIGENOUS TIES IN A LOCAL GOVERNMENT AREA OF THE STATE AND OTHER MATTERS CONNECTED THEREWITH IN PURSUANCE OF SECTIONS 4(7) (a), (b) & (c) AND 7(1) & (3) OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 AND SECTION 5 OF THE LOCAL GOVERNMENT LAW, 2004. BE IT ENACTED by the Delta State House of Assembly as follows: |
| 1. This Law may be cited as the Development Administration Citation and Committees Law 2004, and shall come into force on the 8th day of February, 2005. | Citation and commencement |
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2. In this Law: "Department" means Development Committee Department in the office of the Governor; "Development
Committee" means the Development Committees established by the
Governor from time to time under sections 3 and 6 of this Law; "Director-General" means the Head of the Development Committee Department; "Ex-Officio Member" means a representative of a recognized Traditional Ruler; "Federation"
means the Federal Republic of Nigeria; "Local Government Service Commission" means the Local Government Service Commission of the State; "Official Gazette" means the official gazette of Delta State; "Parent Local Government Council" means the Council in which Community Development Committee(s) are located; "Recognized Traditional Ruler" means a gazetted Traditional Ruler; "Review Committee" means a Committee set up by the Governor to consider representations in respect of Development Committees and to make recommendations to him for purposes of section 17 of this Law; "State" means the Delta State of Nigeria. |
Interpretation. |
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3. (l) The Governor, whenever he considers it desirable or expedient to deepen and extend the principle of participatory development for accelerated grass-root development throughout a Local Government Area, may by order: (a) apply the provisions of this Law to any area and declare such area, "Community Development Committee Area" for the purposes of this Law, and (b) 'appoint members of the Development Committee subject to confirmation by the House of Assembly. (2) An order applying the provisions of this Law to any area shall be made with the advice of persons belonging to the ethnic group of the place or Community within the area to be declared a Community Development Committee Area. (3) The order declaring a place a "Community Development Committee Area" shall be in the instrument as prescribed in the First Schedule to this Law and shall be published in the official gazette of the State. (4) Subsection (1)
of this section notwithstanding, a community that desires to be declared
as Community Development Committee Area may apply to the Governor for
declaration, stating reasons for the status and where the Governor is
satisfied after due consultation with other relevant interest groups
may declare the Community as a Community Development (5) For the avoidance of doubt, this Law does not define community boundaries or confer title to land in a Development Committee Area. |
Declaration
of Community Development Committee |
| 4. Without prejudice to the provisions of section 3 of this Law, there is hereby established in the Local Government Council Areas mentioned in section 18 of this Law twelve Community Development Committees, the names, areas comprised and administrative headquarters of which are as set out in the 1st, 2nd and 3rd columns respectively of the Second Schedule to this Law. | Establishment
of Community Development Committees |
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5. (1) There is hereby created in the office of the Governor a department to be known as the "Community Development Department" (hereinafter called the "Department"), which shall be charged with responsibility for policy matters with regard to development committees in a local government area, and be the administrative and a co-ordination link between the Governor and the Development Committees. (2) The Department shall be headed by an officer of the rank of Permanent Secretary that shall be responsible to the Governor. (3) The Department may from time to time give the Development Committees policy directions of specific nature with respect to the manner in which the Development Committees may discharge or perform any of their functions under this Law and such directions shall be complied with. |
Establishment of |
| 6. Section 5(2) of the Local Government Law, 2004 limiting the powers of Government to establish authorities for the purpose of local government shall not apply to Development Committees established under this Law. | Inapplicability of S.5(2)of Local Government law, 2004 |
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7. (1) A Development Committee shall comprise not less than five and not more than nine members including the Chairman and the Secretary to be appointed by the Governor and including: (a) a representative of recognized traditional ruler in the area and where they are more than one traditional rulers in the area, then in rotation on annual basis; (b) such number of fit and proper persons representing a variety of interests in such area as may be appointed by the Governor from each of the towns or communities or villages from each of the groups of such towns or communities or villages comprised in the area over which the Development Committee exercises jurisdiction. (2) The appointment of members into the Development Committee shall reflect the sectoral character of the area. (3) Members of a Development Committee other than ex-officio members shall hold office for a period of three years but shall be eligible for reappointment for another term of three years. (4) Members of a Development Committee shall be paid such remuneration and allowances as the Department may from time to time determine subject to ratification by the House of Assembly. |
Composition, Tenure and Remuneration of Development Committees. |
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8. A person shall be eligible to be appointed as a member of a Development Committee if: - (a) he is qualified to be a Chairman of a Council in accordance with section 14 of the Local Government Law and is not in any way disqualified in accordance with section 16(1), (2) and (4) of the same Law- (b) either.he,,or either of the parents is an indigene of any one of the towns or communities or villages comprised in the geographical area over which the Development Committee to which he is to be appointed as a member exercises jurisdiction; (c) he is resided in any one of the said towns or communities or ; villages for a continuous period of twelve months immediately preceding the date of his appointment. |
Eligibility
for Membership of a Development Committee |
| 9. Notwithstanding section 6(3) of this Law, the Governor, when it appears to him that a Development Committee has failed to perform and observe its functions and duties as specified by this Law or for other reasons that the Government considers inimical to the accomplishment of the objectives of this Law, may by order as contained in the Third Schedule to this Law, dissolve the committee and notice of the dissolution shall be published in the official gazette of the State. | Dissolution
of Committee for non- performance |
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10. The office of the Chairman or Member of a Development Committee shall become vacant: (a) upon his death; (b) if he resigns
by a letter addressed to the Governor; (c) if he has been convicted of any offence involving dishonesty while in office (d) if under any
Law in force in Nigeria he is found or declared to be of unsound mind
or he is adjudged to be a lunatic and (e) if he is removed following a dissolution under section 9 of this Law, or otherwise. |
Cessation of Office |
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11. (1) A Development Committee shall have power to appoint or Staff of employ temporary, contract or permanent employees as it may require to carry out its functions subject to the approval of the Department. (2) All employees of a Development Committee appointed pursuant to subsection (1) of this section, excluding employees appointed on temporary or contract basis, shall have the same rights and obligations as members of the Public Service as defined by section 24 of the Pensions Act as applicable to the Public Service of Delta Slate. |
Staff of Development Committe |
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12. (1) A Development Committee shall be an interventionist agency of Actions of both the State Government and the Parent Local Government Council and Development Committee. its functions shall include: (a) Mobilization of the people for co-operative farming or other suitable occupations. (b) Mass mobilization
of the people for development through self help projects in the areas
of education, health, social amenities, (c) Youth and women
empowerment programmes. (d) Protection and improvement of the environment within its area (e) Protection, preservation and promotion of the cultural heritage of the people. (f) Development and enhancement of the cultural values of the people. (g) Promotion of "harmonious relationship among the prople and their neighbours. (h) Carrying out
development programmes to establish the presence of local government
administration in the area and (i) Participation in socio-economic planning and development of the State and Local Government Councils in matters assigned to community development committees from time to time by the Governor and the Chairman of a Parent Local Government Council. (2) A Development Committee shall charge and retain all fees, rates or other levies as may be fixed by the Governor in respect of any of its functions. |
Functions of Development Committee |
| 13. A Development Committee may enter into any contract for the and be sued. provision of any professional or other-services necessary for the effective performance of its functions under this Law and may acquire, hold and dispose of property and sue and be sued in its name. | Power to sue and be sued: |
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14. (1) Each Development
Committee shall establish an account to be called called Development
Committee Account into which shall be credited: (a) such sums of money as the Governor may, from time to time, determine as the contribution by a Parent Local Government Council to its community development committee(s) provided such sum shall not exceed 40% of the net monthly allocation accruable to the Parent Local Government Council after deductions of personnel cost; (b) income arising from its fees, rates or levies; (c) forty percent of the sums due to the Parent Local Government Council from its share of the internally generated revenue of the State; (d) all receipts and other moneys as a Development Committee may become entitled to receive from any other sources. (2) The contribution of a Local Government Council to its Development Committee, pursuant to subsection 11) (a) above, shall be a charge upon its share of the State Joint Local Government Account and may be debited therefrom and distributed to the Development Committees. (3) A Development Committee shall defray all its expenses incurred in performing its functions from the Development Committee Account. |
Development Committe Account |
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15. The Development Committee Account shall be managed in accordance with regulations approved by the Auditor-General and shall include provisions: (a) specifying the manner in which the account is to be operated and regulating the making of payments to and from the account; (b) requiring the keeping of proper books of accounts and records in such form as may be specified in pursuance of the regulations; and (c) ensuring that the annual accounts and the auditors report thereon be famished through the Department to the House of Assembly as soon as may be after the end of the period to which the accounts relate. |
Management |
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16. (1) A Development Committee shall meet at the instance of the Chairman as often as circumstances demand for the transaction of its business, save that the Committee shall meet at least two times in every calendar month. (2) A Development Committee shall have power to make rules or standing orders to regulate its own proceedings for that purpose and, subject to such rules or standing orders, its proceedings shall remain valid notwithstanding any vacancy in its membership or the absence of any member at its meeting. (3) At every meeting of a Development Committee, one-third of members shall form a quorum. (4) The Chairman of a Development Committee shall preside at its meetings and in his absence, the other members present shall select one of their members to preside thereat. |
Meetings
of Development Committee. |
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17. (1) Whenever there is conflict between the decisions, policies or orders of a Local Government Council and tliat of a Development Committee, the conflict shall be referred to the Depailment for resolution. (2) Any resolution by the Department shall be final and can only be set aside by a competent court of law. |
Resolution
of |
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18. The Local Government Council Areas referred to in section 4 of this Local Law shall include the following:- (a) Warri South
Local Government Council Area: |
Local Government Council Area |
| 19. The Development Administration Committees Law No.2 of 2004 is hereby repealed. | Repeal
of law No 2 of 2004. |
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L.N.D.SNO.............. FIRST SCHEDULE Section 3 (3) The Community Development
Committee (Application to ........................................ Date of Commencement........................................................................................... 1. This Order may
be cited as the Development Administration Committees 2. The provisions
of the Development Administration Committees Law (a)......................,.............
................................................ 3. The Chairman
andmembersofthe Committee for the Area are: (c).................................
................................................ SECOND SCHEDULE: |
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L.N.D.SNO................. THIRD SCHEDULE Section 8 In the exercise
of the powers vested in the Governor of Delta State by the Development the Government of Delta State hereby dissolve
the ..................................... ......................................... MADE THIS..............DAY OF............... ....... ...................20.......... This printed impression has been carefully compared by me with the Bill which has passed the Delta State House of Assembly and found by me to be a true and correctly printed copy of the said Bill. ................................................... Clerk Delta State House of Assembly. ASSENTED to/Mr. assented to this...........7TH........... .day of.......MARCH.................... 2005. .............................................. Governor |