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A bill
for an act to establish a modern Petroleum Research Centre in
Nigeria
� Continued
from last Monday
18
Power to borrow
The
centre may, with the approval of the president borrow, on such terms and
conditions as the centre may determine, such sums of money as the centre
may require in the exercise of its functions under this Act.
19
(1) annual estimate and expenditure
The
Board shall, not later than 30th September in each year submit to the
President an estimate of the expenditure and income of the centre during
the next succeeding year.
(2)The
Board shall cause to be kept proper accounts of the centre in respect of
each year and proper records in relation thereto and shall cause the
accounts to be audited not later than 6 months after the end of each year
by auditors appointed from the list and in accordance with guideline
supplied by the Auditor-General for the Federation.
20
Quarterly report
The
centre shall, at the end of every quarter sin each year, submit to the
President a report on the activities and administration of the
centre.
21
(1) Annual report
The
Board shall prepare and submit to the President not later than 30th June
in each year, a report in such form as the President may direct on the
activities of the centre during the immediately proceeding year, and shall
include in the report a copy of the audited account of the centre for that
year and the auditor�s report thereon.
(2)
The President shall, upon receipt of the report referred to in subsection
(1) of this section, cause a copy of the report and the audited accounts
of the centre and the auditor�s report thereon to be submitted to each
House of the National Assembly.
22
(1) Office and premises of the centre
The
purposes of providing offices and premises necessary for the performance
of its function under this Act., the centre may, subject to the land use
Act-.
(a)
Purchase or take lease. Any interest in land, or other property; and
(b)
Construct offices and premises and equip and maintain same.
(2)
The centre may, subject to the Land Use Act, sell or lease out any office
or premises held by it, which office or premises is no longer required for
the performance of its functions under this Act.
23
Directives by the President
Subject
to the provision of this, the President, Commander In-Chief of the Armed
Forces may give to the centre directives of a general nature or relating
generally to metters of policy with regard to the centre to comply with
the directives.
24
(1) Limitation of suits against the centre, etc.
Subject
to the provision of this, the provision of the public officers Protection
Act shall apply in relation to any suit instituted against any officer or
employee of the centre.
(2)Notwithstanding
anything contained in any other law or enactment, no suit shall lie
against any member of the Board, the Managing Director or any other
officer or employee of the centre for any act done in pursuance of
execution of this Act or any other law of enactment, or of any public
authority or in respect of any alleged neglect or default in the execution
of this Act or such law or enactment, duty or authority, shall lie or be
instituted in any court unless-
(a)
It is connected within three months next after the act, neglect or default
complained of or
(b)
In the case of a continuation of damage or injury, within six months next
after complained of.
(3)
No suit shall be commenced against a member of the Board, the Managing
Director, officer or employee of the centre before the expiration of a
period of one month after written notice to commence the suit shall have
been served upon the centre by the intending plaintiff or his
agent.
(4)
The notice referred to in subsection (3) of this section shall clearly and
explicitly state the cause of action, the particulars of the claims, the
name and place of abode of the intending plaintiff and the relief, which
he claims.
25
Service of document
A
notice, summons or other documents required or authorized to be served
upon the centre under the provisions of this Act or any law or enactment
may be served by delivering it to the Managing Director or by sending it
by registered post and addressed to the Managing Director at principal
office of the centre.
26
Restriction of Execution against Property of the Centre
(1)
In any action or suit against the centre, no execution or enactment of
process in the nature thereof shall be issued against the centre, unless
not less than three months notice of the intention or attach has been
given to the council.
(2)
Any sum of money which may be the judgment of any court awarded against
the centre shall, subject to any direction given by court, where notice of
appeal against the judgment has been given, be paid from the fund of the
centre.
27
Indemnity of officers
A
member of the Board, the Director, any officer or employee of the centre
shall be indemnified out of the assets of the centre against any
proceeding, whether civil or criminal, in which judgment is given in his
favour, or in which he is acquitted, if any such proceeding is brought
against him in his capacity as a member of the Board, the Managing
Director, officer or employee of the centre.
28
Regulations
The
centre may, with the approval of the President, Commander�in-Chief of the
Armed Forces, make regulations, generally for the purposes of giving full
effect to this Act.
29
Short Title
This
Act may be cited as the Petroleum Research Centre (Establishment, etc)
Bill, 2004.
1.
Subject to this section 27 of the Interpretation Act, the Board may make
standing orders regulating the proceedings of the Board or any committee
thereof.
2.
The chairman shall preside at every meeting of the board and in his
absence the members present at the meeting shall appoint one of their
members to preside at the meeting.
3.
Subject to the provisions of this Act and any standing orders made under
it, the quorum of the Board shall be the Chairman and six other members
and the quorum of any Committee of the council shall be determined by the
Board.
4.
The Board shall meet not less than four times in each year and subject
thereto, the Board 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 seven other members, he shall summon a meeting of the Board to be
held within fourteen days from the date of which the notice is
given.
5-(1)
Where the Board desires to obtain the advice of any person on any
particular matter, it may co-opt that person as a member for such period
as it may think necessary.
2.
A person co-opted shall not be entitled to vote at any meeting of the
Board and shall count towards a quorum.
6-(1)
Subject to its standing orders, the Board may appoint such Committees to
consider and report upon any matter which the Board is
concerned.
(2)
Committee meeting under the provisions of sub-paragraph (1) of this
paragraph shall be presided over by such person as the board may appoint
and shall be made-up of such number of persons, all of whom may not
necessarily be members of the Board, as the Board may determine in each
case.
(3)
A person who is member of a committee by virtue of sub-paragraph (2) of
this paragraph shall hold office on the committee in accordance with the
terms of his appointment by the Board.
(4)
A decision of a committee set up by the board shall have no effect until
it is confirmed by the Board.
Miscellaneous
7.
The validity of any proceedings of the Board or of a committee thereof
shall not be affected by any vacancy in the membership of the Board or
Committee, or by any defect in the appointment of a member of the Board or
of a Committee, or by reason that a person not entitled to do so took part
in the proceedings of the Board or a Committee.
8.
Any person holding office on a committee of the board, who has a personal
interest in any contract or arrangement entered into or proposed to be
considered by the committee shall forthwith disclose his interest to the
committee and shall not vote on any question relating to the contract or
arrangement.
9.
At any time while the office of the chairman is vacant or the Chairman is
in the opinion of the Board temporally unable to perform the functions of
his office, a member of the board duly appointed by the board, with the
approval of the Minister, shall perform those functions and references in
this Act to the Chairman shall be construed accordingly.
10.
The fixing of the seal of the centre shall be made authenticated by the
signature of the Chairman or any other person generally or specifically
authorized by the Board to act for the purpose, and of the Managing
Director.
11.
Any contract or instrument which, if made or executed by a person not
being a body corporate, would be required to be under seal may be executed
on behalf of the centre by the Managing Director or any other person
generally or specifically authorized to act for that purpose by the
Board.
12.
Any document purporting to be a document duly executed under the seal of
the centre shall be received in evidence and shall, unless the contrary is
proved,, be presumed to be so executed.
� Concluded
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