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Ekiti State Council For Arts And Culture Law


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A Law To Establish The Ekiti State Council For Arts And Culture.

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Ekiti State Council For Arts And Culture Law

  2. 2. EKITI STATE COUNCIL FOR ARTS AND CULTURE: ARRANGEMENT OF SECTIONS PART I ESTABLISHMENT, CONSTITUTION AND FUNCTIONS OF THE COUNCIL1. Establishment and Incorporation2. Composition of Council3. Appointment of Chairman and Members of the Council4. Remuneration of Council Members5. Schedule6. General Functions of the Council7. Specific Functions of the Council8. Appointment of Committees.9. Appointment of Local Government Cultural Committee10. Appointment of Executive Director and other Officers of the Council11. Appointment of the Secretary12. Other Officers of the Council. PART II: FINANCIAL PROVISIONS13. Funds of the Council14. Power of the Council to raise the Funds15. General Fund Reserve16. Accounts and Audit17. Annual Reports and Estimates
  3. 3. PART III: MISCELLANEOUS AND GENERAL18. Execution or issue of Instruments19. Headquarters of the Council20. Direction by the Governor.21. Interpretation22. Citation and Commencement.
  4. 4. A LAW TO ESTABLISH THE EKITI STATE COUNCIL FOR ARTS ANDCULTURE AND FOR OTHER MATTERS INCIDENTAL THERETO OR CONNECTED THEREWITH NO. 9 OF 2012 EKITI STATE OF NIGERIA COMMENCEMENT ( )ENACTED BY THE EKITI STATE HOUSE OF ASSEMBLY AS FOLLOWS PART IESTABLISHMENT, CONSTITUTION AND FUNCTIONS OF THE COUNCILEstablishment 1 (1) There is hereby established a body to beand Incorporation known as the Ekiti State Council for Arts and Culture. (2) The Council shall be a body corporate with perpetual succession and a common seal and shall have the power to sue and be sued in its corporate name and to acquire, hold or dispose of movable and immovable property for the purpose of its functions under this law.Composition of 2. The Council shall consist of:the council 1. A part – time Chairman, 2. Three members of the public,
  5. 5. 3. A member of the Traditional Council of Obas, 4. A representative of the Government as an Ex- officio 5. A representative of the Association of Local Government Chairmen of Nigeria 6. A woman (culture /art practitioner) 7. A Youth (a student of culture/art practitioner) 8. Two Professional Arts and Culture practitioners.Appointment of 3. The Chairman and other members of theChairman and Council shall be appointed by the Governor onMembers of the the advice of the Commissioner, from amongCouncil persons appearing to him to be verse and knowledge in Art and Culture of the state.Remuneration of 4. There shall be paid to the members of theCouncil Members Council (not being an Ex-officio member) such remuneration and allowances as the Governor may determine.Schedule 5. The provisions contained in the Schedule to this Law shall take effect with respect to the Constitution and proceedings of the Council.General Functions 6. Subject to the provisions of this Law, the
  6. 6. of the Council Council shall promote, preserve, encourage, develop and control Arts and Culture in the State.Specific Functions 7. Without prejudice to the generality of theof the Council. provision of section 6 of this Law, the Council shall have power:- (1) to organize, hold, or assist financially or otherwise in the holding of public exhibitions and festivals of the Arts either with or without a fee; (2) to organize and supervise the activities of the State owned Cultural Centres in the State under the general and specific directions of the Commissioner; (3) to organize, conduct lectures or provide instruction in Arts, Culture and allied subjects; (4) to assist and encourage any deserving Nigerian Artiste or Craftsman; (5) to regulate the conduct of Arts competition in the State; (6) to make recommendations to the Government for the award of bursaries or scholarships in the promotion of Arts and Culture in the state;
  7. 7. (7) to organize Annual Carnivals and Festivals of Arts and Culture;(8) to publish or sponsor the publication of literature, periodical or newspaper in relation to Arts and Culture;(9) to acquire or preserve any artistic or Culture object or monument in the State;(10) to cooperate with any institution or person engaged in or connected with Art and Culture in Nigeria;(11) to acquire, purchase, lease, mortgage, hold, construct or maintain any property required for its functions and to sell, dispose of or otherwise deal with such property or any part thereof with the approval of the Governor(12) to enter into such contract as may be necessary, for the performance of its function subject to such limits as the Commissioner may direct;(13) to accept and administer any subscriptions, gifts or property for any purpose connected with Arts and Culture;(14) to advise the State Government through the Commissioner on all matters related to Arts and Culture;
  8. 8. (15) to carry on any activities necessary for performance of its functions; (16) to encourage Scholars to record and publish in books the stories of the deities such as Ogun, Orunmila, Sango etc. and how they are worshipped in different parts of the State; (17) to encourage Scholars to record for posterity, the festivals of the different parts of the state and how they are performed; (18) to encourage Scholars to record the traditions of our State and as they differ from place to place in respect of marriage ,child –naming, ceremonies for installation of Obas and Chiefs; (19) to preserve for posterity, shrines and other forest of deities which are being destroyed for development purpose.Appointment 8. (1) The Council may appointof Committees Committees to advise and assist it in the performance of its functions. (2) The membership of each Committee, its quorum, meeting, frequency, procedure and other matters necessary for the proper
  9. 9. functioning of such a Committee shall be prescribed by the Council.Appointment 9. (1) There shall be for each Localof Local Govt. Cultural Government Area a Local Arts andCommittee Culture Committee under the Chairmanship of the Vice-chairman of the Local Government Area. (2) The Committee shall consist of the following other members; (a) Head of the Community Development of the Local Government. (b) Chairman of the Traditional Council for the Local Government. (c) A Councilor to be appointed by the Local Government Council Chairman. (d) Field Officer of the state Council for Arts and Culture. (3) The Committee shall advise and assist the State Council with respect to such matters as may arise from and in execution of the duties of the State Council.Appointment of 10. The Governor will;Executive Director (1) appoint at such remuneration and on
  10. 10. and other Officers comparative/similar terms and conditions an Executive Director for Arts and Culture who shall be the Chief Executive and shall be responsible for the policy of the Council and the transaction of its day-to-day business.The Secretary 11. There shall be an officer of the Council to be known as the Secretary who is to be seconded from the Office of Establishment and Training not below the rank of Administrative Officer IV. The Secretary shall be responsible to the Executive Director for Arts and Culture who is the Chief Executive Officer of the council. The Secretary shall be responsible for the following matters, that is to say:- (1) making arrangements for meeting of the Council; (2) preparing the agenda and the minutes of such meetings; (3) conveying decisions of the Council to its members; (4) arranging for payment of fees and allowances of meetings and all other matters affecting members of the Council and he shall perform all other duties of the Council
  11. 11. as may be specially assigned to him by the Executive Director of Arts and Culture.Other Officers 12. Subject to the provision of this Section, theof the Council Council shall have power to appoint, promote and exercise control over Junior Officersin grade level 01 – 06 as it may think necessary. PART II FINANCIAL PROVISIONS OF THE COUNCILFunds of the 13. (1) The funds of the Council shall consist ofCouncil such funds as may, from time to time, be provided by:- (a) the State Government; and (b) monies collected or received by the Council from its operational sources. (2) The Council shall apply its funds in pursuance of its functions as laid down in this Law. (2) Money standing to the credit of the Council may from time to time be invested in
  12. 12. cultural, tourism, Arts and Craft industries to generate further revenue to government coffers with the approval of the Governor. (4) Grants from Local and International Organisations and Philanthropic bodies.Power of 14. (1) The Council may receive donationsCouncil to raise and gifts and may engage in fundFunds raising activities provided that no fund shall be raised outside the State without the approval of the Governor. (2) The Council may seek collaboration under Public, Private Partnership (PPP) arrangement with the approval of the Governor.General Fund 15. (1) The Council shall establish and maintainReserve a general fund reserve into which shall be paid such sums of money as the Council may from time to time allocate. (2) The management of the general fund reserve shall be as the Council may, with the approval of the Governor, determine. (3) No part of the monies comprised in the general reserve shall be applied otherwise than for purpose authorized by this Law.Account and 16. The Council shall keep proper books of account and
  13. 13. Audit submit its receipts, payments, assets and liabilities for auditing to the State Auditor General from time to time but not later than 31st December of every year.Annual Reports 17. (1) The Council shall on or before the 1st day ofand Estimate July of each year prepare and present through the Commissioner for onward transmission to the Governor report of its proceedings and operations during the period of 12 months ending on the 31st December, of the previous year and the report be accompanied by a certified copy of the audited accounts. (2) The State Auditor General shall submit the audited accounts of the Council to the Ekiti State Government. (3) The Council shall, not later that 30th day of September in each, year submit to the Commissioner for approval, its estimates of revenue and expenditure in respect of the year beginning on the 1st of January in the following year. PART III MISCELLANEOUS AND GENERALExecution or 18. (1) Any contract or instrument which, if enteredIssue of into or executed by a person not being aInstruments corporate body would not require to be under seal, may be entered into or executed on behalf of the
  14. 14. Council by any person generally or specially authorized by the Council for that purpose. (2) Any document purporting to be a document duly executed or issued under the seal of the Council or on behalf of the Council shall, unless the contrary is proved, be deemed to be a document so executed or issued, as the case may be. (3) All capital projects of the Council shall be executed by the parent Ministry.Headquarters 19. The Council shall operate from an appropriateof the Council. Headquarters designated/by Ekiti State Government Approved, situate at the state capital.Direction by the 20. The Governor may give to the Council direction of aGovernor general or specific functions as to the exercise and performance by the Council of any of its functions in relation to matters appearing to him to affect public interest and the Council shall give effect to such direction.Interpretation 21. In this law; “Commissioner” means the Commissioner responsible for Culture, Arts and Tourism. “the Council” means Ekiti State Council for Arts and Culture established by this Law; “the Chairman” means the Chairman of the Council; “Member” means, a member of the Council and includes the Chairman; “Executive Director” means the Chief Executive/Accounting Officer or the Council;
  15. 15. “Function” includes powers and duties; “State” means Ekiti State of Nigeria.Citation and 22. This Law may be cited as the Ekiti State Council forCommencement Arts and Culture Law, 2012.
  16. 16. SCHEDULE CONSTITUTION AND PROCEEDINGS OF THE COUNCILTenure of Office of 1. Every member of the Council other thanMember Ex-Officio shall, subject to the provisions of this schedule, hold office for three years.Resignation 2. Any member of the Council (other than an Ex-Officio member) may, at any time, by writing under his hand addressed to the Governor, resign his office.Eligibility for Re- 3. A member of the Council (other than anappointment Ex-officio member) who has ceased to be such member may be eligible for re- appointment for another term of three years and no more.Removal from 4. (1) The Governor may at any time, in his ownOffice discretion, remove from office any member of the Council. (2) If the Governor is satisfied that a member of the Council (other than an Ex-officio member):- (a) has been absent from three Consecutive meetings of the Council without the permission of the Commissioner in case of the Chairman, or of the Chairman in the case of any aforesaid member; or (b) has become bankrupt or made an arrangement with his creditors; or (c) is incapacitated by physical or mental illness; or
  17. 17. (d) is otherwise unable or unfit to discharge the functions of a member, the Governor may declare his office as member of the Council to be vacant and shall notify the fact in such manner as he may think fit and upon such declaration such member shall vacate his office.Vacancies 5. No act or proceedings of the Council shall be questioned on account of any vacancy among its members or on account of the appointment of any member having been defective.Co-option of 6. Where upon any special occasion the CouncilPersons desired to obtain the advice of any person on a particular matter, the Council may co-opt such a person to be a member of such meeting as may be required, and such person whilst so co-opted shall have all rights and privileges of a member save that he shall not be entitled to vote on any question. He shall however be paid any such incidental expenses as may arise from his co-option.Ordinary and 7. The Council shall ordinarily meet at such times SpecialMeeting and places as its Chairman may direct: Provided that Six Members by notice in writing signed by them, or the majority of members of any committee of the Council by resolution, may request the Chairman to summon a special meeting of the Council for such purpose as shall be specified in the notice or resolution and upon receipt of such notice or resolution as the case may be, the Chairman shall, at the earliest convenient date, summon the special meeting for the purpose set out therein.Quorum 8. The Chairman or other member presiding and five other members shall form a quorum at any meeting of the Council.
  18. 18. Presiding and 9. (1) At every meeting of the Council, theVoting Chairman, if present, shall preside, but in his absence, the Council, may appoint one of its members present to preside. (2) Subject to the provisions of this Law, any question which fails to be determined by the Council at any of its meetings shall be decided by a majority of the members present and voting on the question. (3) The Chairman of the Council or any other member presiding in his absence shall have an original vote, and in the event of equality of votes, a casting vote.Order 10. Subject to the provisions of this law, the Council may make standing orders for the purpose of regulating its own proceedings.Provisions for 11. Like its counterparts in the Civil Service, all staffersStaff’s salaries, of the Council shall be paid their salaries,allowances and other remuneration, allowances, claims, inclusive of loansfinancial benefits. and above all the prompt payment of Gratuities and Pensions through the offices of the Accountant- General, the Civil Service Commission and the Establishment Department of the Governor’s Office.
  19. 19. This printed impression has been carefully compared by me with theBill, which has been passed by the Ekiti State House of Assembly andfound by me to be a true copy of the said Bill.………………………………………………MR. BEN. AKINTUNDE FAMOYEGUN Clerk of the House of Assembly ………..…………………………………… RT. HON. (DR.) ADEWALE OMIRIN Speaker of the House
  20. 20. Governor’s Assent: I hereby signify my assent to this Bill DR. KAYODE FAYEMI Executive Governor of Ekiti StateMADE AT ADO EKITI THIS ………… DAY OF ………2012