RIVER BASINS DEVELOPMENT AUTHORITIES ACT

RIVER BASINS DEVELOPMENT AUTHORITIES ACT

ARRANGEMENT OF SECTIONS

Establishment, etc., of River Basins Development Authorities

1. Establishment of River Basins Development Authorities.

2. Membership of each Authority.

3. Tenure of office of members of each Authority.

Functions

4. Functions of each Authority.

5. Restriction on acquisition of land, etc.

Staff of each Authority

6. Appointment of general manager and other staff of Authority.

Miscellaneous

7. Power of Minister to give directions.

8. Fund of each Authority.

9. Annual estimates, accounts and audit.

10. Annual reports. I I . Repeals.

12. Interpretation.

13. Short title.

SCHEDULES FIRST SCHEDULE

List of River Basins Development Authorities

SECOND SCHEDULE

Proceedings of the Authorities

An Act to repeal the River Basins Development Authorities Act 1979 and establish the River Basins Development Authorities listed under the First Schedule to the Act.

[1987 No. 35.]

[Comrnencement.]

[ 1st Octobe r, 1986]

Establishment, etc., of River Basins Development Authorities

1. Establishment of River Basins Development Authorities

(1) There are hereby established eleven authorities to be known by the names speci- fied in column I of the First Schedule to this Act which shall have such powers and exer- cise such functions as are specified in this Act.

[First Schedule.]

(2) Each Authority shall operate within the area specified in column 2 of the First Schedule to this Act and have its headquarters in the location specified in column 3 of the said schedule.

[First Schedule.]

(3) Each Authority shall be a body corporate with perpetual succession and a com- mon seal and may sue and be sued in its corporate name.

2. Membership of each Authority

(1) The Membership of each Authority shall consist of a chairman and seven other persons to be appointed by the President, consisting of-

(a) a representative of the Federal Ministry of Water Resources;

(b) the general manager of the Authority; and

(c) five persons to be nominated by the Minister,

all of whom shall possess a detailed knowledge of the area of operation of the appropriate Authority.

(2) The provisions of the Second Schedule to this Act shall have effect with respect to the proceedings of each Authority and the other matters therein mentioned.

[Second Schedule.]

3. Tenure of office of members of each Authority

( 1) A member shall hold office for a period of three years from the date of his ap – pointment and shall be eligible for re-appointment for one further term of three years and thereafter he shall no longer be eligible for re-appointment.

(2) A me mber may resign his appointment by a letter addressed to the Minister.

Functions

4. Functions of e ac h Authority

(1) The functions of each Authority shall be-

(a) to undertake comprehensive development of both surface and underground water resources for multipurpose use with particular emphasis on the provision of irrigation infrastructure and the control of floods and erosion and for water- shed management;

(b) to construct, operate and maintain dams, dykes, polders, wells, boreholes, irri- gation and drainage systems, and other works necessary for the achievement of

the Authority’s functions and hand over all lands to be cultivated under the ir- rigation scheme to the farmers;

(c) to supply water from the Authority’s completed storage schemes to all users for a fee to be determined by the Authority concerned, with the approval of the Minister;

(d) to construct, operate and maintain infrastructural services such as roads and bridges linking project sites: provided that such infrastructural services are in- cluded and form an integral part of the list of approved projects;

(e) to develop and keep up-to-date a comprehensive water resources master plan identifying all water resources requirements in the Authority’s area of opera- tion, through adequate collection and collation of water resources, water use, socio-economic and environmental data of the River Basin.

(2) Projects within the limits of the functions enumerated in subsection (1) of this section shall be executed with the approval of the Minister responsible for matters relat- ing to water resources.

5. Restriction on acquisition of land, etc.

(1) No Authority may acquire or lease land or take over any existing project without the knowledge and consent of the State Governments in its area of operation.

(2) Subject to the Land Use Act, the control of land development for irrigation by each Authority shall be as provided under sections 2 and 6 of the said Act.

[Cap. L5.]

(3) No Authority may borrow or lend money without the general or special approval by the President.

(4) Each Authority may make bye-laws for the management of irrigation schemes and regulating the use of water with respect to the functions specified in section 4 of this Act, but no bye-law made in pursuance of this section shall come into force unless it is confirmed by the President.

Staff of each Authority

6. Appointment of general manager and other stafl’ of Authority

(1) For each Authority there shall be a general manager who shall be the chief execu- tive and who shall be appointed by the President.

(2) Without prejudice to the generality of subsection (1) of this section, each Author- ity shall have power-

(a) to appoint such other staff as it may determine;

(b) to pay its staff such remuneration and allowances as are payable to persons of equivalent grades in the civil service of the Federation;

(c) as regards any staff in whose case it may determine so to do, to pay such pen – sions and gratuities as are payable under the Pensions Act; and

[Cap. P4.J

(d) to give loans to its staff for purposes approved by the Authority.

Miscellaneous

7. Power of Minister to give directions

The Minister may give to any of the Authorities directions of a general character or relating generally to particular matters with regards to the exercise of the functions of the Authority concerned and it shall be the duty of that Authority to comply with such direc – tions.

8. Fund of each Authority

(1) Each Authority shall maintain a fund from which shall be defrayed all expendi- ture incurred by the Authority.

(2) There shall be paid or credited to the fund-

(a) such sums of money as may be provided by the Federal Government or by the government of any State in the Federation for the purposes of this Act either

by way of loans or grants; and

(b) such other sums of money as may, from time to time, accrue to the Authority.

9. Annual estimates, accounts and audit

(1) Each Authority shall submit to the minister not later than 30th June of each year an estimate of its expenditure and income during the next succeeding year.

(2) Each Authority shall keep proper accounts in respect of each financial year, and proper records in relation to those accounts and shall cause the accounts to be aud ited within six months after the end of the financial year to which the accounts relate by auditors appointed by the Authority from the list and in accordance with the guidelines supplied by the Auditor-General for the Federation.

10. Annual reports

(I) Each Authority shall prepare and submit to the Minister, once every year, a report in such form as the Minister may direct on the activities of the Authority during the last preceding financial year and shall include in the report a copy of the audited accounts of the Authority for that year and of the auditor’s report thereon.

(2) The Minister shall cause a copy of each report made to him under this section to be submitted to the President and shall also send a copy to the Governors of the States in the area of operation of the Authority concerned.

11. Repeals

Subject to section 6 of the Interpretation Act, the River Basins Development Authori- ties Act 1979 is hereby repealed and the assets and liabilities of any Authority established under the said Act are hereby transferred respectively to the Authority exercising functions under this Act in the area of operation of that Authority.

[Cap. 123. 1979 No. 87.]

12. Interpretation

In this Act, unless the context otherwise requires –

“Authorities” means the Authorities established by section 1 of this Act and when used in the singular means any of those Authorities;

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