FEDERAL LANDS REGISTRY (MISCELLANEOUS PROVISIONS) ACT

ARRANGEMENT OF SECTIONS

SECTION

1.             Establishment of a Federal Lands Registry, etc.

2.             Functions of the Registry.

3.             Appointment of the Registrar of Deeds.

4.             Appointment of other staff.

5.             Service in the Registry to be pensionable.

6.             Fund of the Registry.

7.             Expenditure of the Registry.

8.             Annual estimates, accounts and audit.

9.             Annual report.

10.          Power of the Minister to give directives.

11.          Interpretation.

12.          Short title.

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FEDERAL LANDS REGISTRY (MISCELLANEOUS PROVISIONS) ACT

An Act to provide for the establishment of the Federal Lands Registry to register all titles to Federal Government lands and for matters connected therewith.

[1992 No.7.]

[14th February, 1992]

[Commencement. ]

WHEREAS the Federal Government is desirous of effecting proper control over the records relating to Federal Government land holdings;

AND WHEREAS it is essential to ascertain the extent of Federal Government lands and keep proper accounts of all Federal Government acquisitions throughout the Federal Republic of Nigeria and to prevent illegal encroachment on Federal lands registered in State Land Registries.

1.            Establishment of a Federal Lands Registry, etc.

(1) There is hereby established under this Act, a registry to be known as the Federal Lands Registry (in this Act referred to as “the Registry”).

(2) The Registry shall be-

(a)           a body corporate with perpetual succession and a common seal;

(b)          capable of suing and being sued in its corporate name; and

(c)           capable of acquiring, holding or disposing of any property, movable or immovable, for the  purpose of carrying out its functions.

(3) The headquarters of the Registry shall be situated in Lagos and there shall be established a branch office of the Registry in each State of the Federation and the Federal Capital Territory, Abuja.

(4) The Registry shall constitute a division under the Urban and Regional Development Department of the Ministry.

(5) The Registry shall consist of three sections, that is-

(a)           cadastral;

(b)           deeds; and

(c)           administration and finance.

2.            Functions of the Registry

The functions of the Registry shall be-

(a)           the registration of all titles to Federal Government lands and all interests created by subsequent transactions on lands vested in the Federal Government and its agencies;

(b)           the examination and processing of all documents deposited for registration;

(c)           the indexing of all registered documents;

(d)           the maintenance of a strong room for the safety of all documents lodged with the   Registry;

(e)           the attendance to enquiries as may arise, from time to time, on registration of   documents, which shall include searches and examination of documents;

(f)            the maintenance of links with the State Land Registries in order to protect the interests   of the Federal Government in land matters;

(g)           the preparation and maintenance of intelligence sheets for all Federal Government    allocations throughout Nigeria;

(h)           the maintenance of the index cards for all sheets and allocations on them;

(i)            the preparation and maintenance of Cadastral Survey Ordinance sheets in the Registry’s  branch offices in each State of the Federation and the Federal Capital Territory, Abuja                                    and updating them from time to time;

(j)            acting as the custodian of all plans and sheets relating to instruments registered in the  Registry;

(k)           the production of films and blue prints of all plans of the control sheet relating to   registered instruments; and

(I)            the production of certified true copies of any instrument such as deeds, plans or sheets.

3.            Appointment of the Registrar of Deeds

(1) There shall be appointed for the Registry, a Registrar of Deeds who shall be qualified to practice as a legal practitioner in Nigeria and shall have been so qualified for not less than ten years and in addition shall not be below the level of a Deputy Director in the public service of the Federation.

(2) The Registrar referred to in subsection (1) of this section shall be appointed by the President on the recommendation of the Minister.

(3) The Registrar of Deeds shall be the Chief Executive of the Registry and shall be subject to the directives of the Minister and shall hold office on such terms and conditions as may be specified in his letter of appointment.

(4) The Registrar of Deeds shall be the Accounting Officer of the Registry for the purpose of controlling and disbursing sums of money from the fund established pursuant to section 6 of this Act.

4.            Appointment of other staff

The Registry may appoint such other staff as it may deem necessary for the efficient performance of its functions under or pursuant to this Act.

5.            Service in the Registry to be pensionable

(1) Service in the Registry shall be approved service for the Pensions Act.                                                                                                                             [Cap. P4.]

(2) Officers and other persons employed in the Registry shall in respect of their service in the Registry be entitled to pensions, gratuities and other retirement benefits enjoyed by persons holding equivalent grades in the public service of the Federation.

(3) Nothing in this Act shall prevent the appointment of a person to any office in the Registry on terms which preclude the grant of a pension and gratuity in respect of that office.

6.            Fund of the Registry

The Registry shall establish a fund which shall consist of such sums as may be allocated to it by the Federal Government and such other funds as may accrue to it in the discharge of its functions under this Act.

7.            Expenditure of the Registry

The Registry may, from time to time, apply the proceeds of the fund established in pursuance of section 6 of this Act-

(a)           to the cost of administration of the Registry;

(b)           to the payment of salaries, fees or other remuneration or allowances, pensions, superannuation allowances and gratuities payable to the employees of the Registry and                                    of fees to agents, so however that no payment of any kind under this paragraph (except   such as may be expressly authorised) shall be made to any person who is in receipt of                                         emoluments from the Federal Government or of a State;

(c)           for the maintenance of any property acquired or vested in the Registry; and

(d)           for and in connection with all or any of the functions of the Registry under or pursuant   to this Act.

8.            Annual estimates, accounts and audit

(1) The Registry shall submit to the Minister not later than 30 September in each year, an estimate of its expenditure and income during the next succeeding year.

(2) The Registry shall keep proper accounts and proper records in relation thereto and shall prepare in respect of each year, a statement of accounts in such form as it may think appropriate.

(3) The accounts of the Registry shall be audited, not later than six months after the end of the year to which such accounts relate, by auditors appointed by the Registry from the list and in accordance with the guidelines supplied by the Auditor-General of the Federation.

9.            Annual report

The Registry shall prepare and submit to the President, through the Minister, not later than 30 June in each year, a report in such form as the Minister may direct on the activities of the Registry during the immediately preceding year, and shall include in such report a copy of the audited accounts of the Registry for the year and the auditors’ report thereon.

10. Power of the Minister to give directives

Subject to the provisions of this Act, the Minister may give to the Registry directives of a general character or relating generally to particular matters with regard to the Registry or its functions under this Act and it shall be the duty of the Registry to comply with such directives.

11. Interpretation             

In this Act, unless the context otherwise requires-

“Minister” means the Minister charged with responsibility for matters relating to works and housing; and “Ministry” shall be construed accordingly;

“Registry” means the Federal Lands Registry established by section 1 of this Act.

12. Short title

This Act may be cited as Federal Lands Registry (Miscellaneous Provisions) Act.

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FEDERAL LANDS REGISTRY (MISCELLANEOUS PROVISIONS) ACT

SUBSIDIARY LEGISLATION

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No Subsidiary Legislation

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