The Complete 2004 Laws of Nigeria

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NATIONAL CENTRE FOR ECONOMIC MANAGEMENT AND ADMINISTRATION ACT

ARRANGEMENT OF SECTIONS

SECTION

  1. Establishment of the Centre.
  2. Objectives and functions of the Centre.
  3. Establishment of the Governing Council, etc.
  4. Membership of Council.
  5. Appointment of the Director-General of the Centre.
  6. Appointment of other staff of the Centre.
  7. Service in the Centre to be pensionable.
  8. Financial provisions.
  9. Borrowing powers.
  10. Power to invest fund.
  11. Estimates of income and expenditure.
  12. Audited account.
  13. Annual report.
  14. Staff regulations.
  15. Interpretation.
  16. Short title.

SCHEDULE

Supplementary provisions relating to the Council

An Act to establish the Centre for Economic Management and Administration to
serve primarily, as a training centre for economic planners, budget and project
officers at the Federal, State and local government levels and other matters an-
cillary thereto.

[1989 No. 51.]

[22nd May, 1986]

[Commencement.]

1. Establishment of the Centre

(1) There is hereby established a body to be known as the National Centre for Eco-
nomic Management and Administration (in this Act referred to as "the Centre") which
shall have the functions assigned to it by this Act.

(2) The Centre shall be a body corporate, with perpetual succession and a common
seal and may sue and be sued in its corporate name.

2. Objectives and functions of the Centre

(1) The Centre shall-
       

(a)  serve primarily as a training centre for economic planners, budget and project officers at the Federal, State and local government levels;

(b)  develop and strengthen specific skills, as will enhance the quality of management of the national economy at the micro and sectoral levels;
 

(c)         be a policy laboratory for vigorous and sustained development and promotion
of highly specialised skills required for enhancing efficient and effective plan-
ning and management of the Nigerian economy;

(d)       organise and conduct specialised training courses and programmes designed to
strengthen the capability of senior public functionaries in the formulation,
analysis, implementation and monitoring of economic development plans,
budgets and policies;

(e)        organise and conduct courses, workshops and seminars, which address specific
aggregate macro, sectoral and micro economic issues of interest and concern to
all levels of government and combinations thereof;    

(f)         undertake, commission and participate in in-depth research, studies and con-
sultancy services in relevant fields to-

                   (i)    improve the quality and coverage of courses and programmes of the Centre;

                  (ii)    enhance the understanding of the workings of the Nigerian economy at macro, sectoral and micro level of analysis;
  
                  (iii)   cater for national and specific organisational objectives;

                    (g)        Issue certificates of merit and attendance to successful participants at the Centre.                                                
 

(2) Without prejudice to the generality of subsection (1) of this section, the courses
and programme to be organised and conducted by the Centre shall include-

(a)    economic planning, including planning techniques, project evaluation and
   selection, plan implementation and monitoring;

       (b)    economic policy formulation and analysis, including policy formulation tech-
         niques, impact analysis, policy implementation and monitoring; and

(c)    the use of high-technology computational facilities in economic planning and
   management.

  1. Establishment of the Governing Council, etc.

(1) There shall be established for the Centre, a Governing Council (in this Act re-
ferred to as "the Council") which shall provide the general policy guidelines, for the day-
to-day administration of the affairs of the Centre.

(2) Without prejudice to the generality of subsection (1) of this section, it shall be the
responsibility of the Council to-

                    (a)    consider and approve for the Centre, its-

                              (i)    long-range plan of activities;

        (ii)   programme of studies and research to be undertaken;
        (iii)  annual budget; and

         (iv) investment plans;

      (b)        advise the Minister on policies, plans and programme for effective planning
and management of the Nigerian economy for sustained development;

     (c)       establish and maintain for research purposes and for other purposes connected
with the functions conferred on the Centre by or pursuant to this Act an up-to-
date library, comprising reports and other publications for the advancement of
knowledge in the area of work undertaken by it;

      (d)        provide for and support the publication and effective dissemination of materi-
als and ideas in areas connected with the functions conferred on the Centre by
or pursuant to this Act;

    (e)          enter into such contracts as may be necessary or expedient for carrying into
effect the provisions of this Act;

    (f)             acquire and hold such movable and immovable property as may be necessary
or expedient for carrying into effect the provisions of this Act and for the same
purpose may sell, lease, mortgage, or otherwise allocate or dispose of any
property acquired or held by the Centre and no longer required by the Centre;
and

  (g)           carry out such other activities as are necessary and expedient for the full dis-
charge of any of the functions conferred on the Council under or pursuant to
this Act.

  1. Membership of Council

(1) The Council shall consist of a chairman to be appointed by the President on the

advice of the Minister and the following other members, that is-

       (a)      the Director-General of the Centre;

       (b)      the Director, Ministry of Budget and Planning;

       (c)      the Director of Research, Central Bank of Nigeria;

       (d)      the Director-General of each of the following bodies-

(i)    Manpower Development Department, Federal Civil Service Commis-
sion or his representative;

        (ii)   Federal Ministry of Finance or his representative;

       (e)       Director-General, Nigerian Institute for Social and Economic Research; 

       (f)       one representative of the Nigerian Association of Chambers of Commerce,  Industry, Mines and Agriculture;

       (g)       one eminent scholar in economics, representing the interest of the universities,
      to be appointed by the Minister; and

      (h)       one person with experience in national economic management, to represent interests not otherwise represented in this subsection, to be appointed by the
                  Minister.
    
    (2) Subject to subsections (3) and (4) of this section, a person appointed as a member

of the Council (not being an ex-officio member) shall serve for a period of three years and
shall be eligible for re-appointment for one further period of three years.

(3) The Minister may remove from office, a member of the Council (not being an
ex-officio member) if he is satisfied that it is not in the interest of the Centre that the per-
son concerned should continue in office.

(4) A member of the Council may resign his office by notice in writing, under his
hand, addressed to the Minister.

(5) The supplementary provisions contained in the Schedule to this Act, shall have
effect with respect to the proceedings of the Council and the other matters mentioned
therein.

[Schedule.]

  1. Appointment of the Director-General of the Centre

(1) There shall be appointed by the President, on the recommendation of the Minis-
ter, a Director-General for the Centre.

(2) The Director-General shall be the Chief Executive of the Centre and shall be re-
sponsible to the Council for detailed management of the affairs of the Centre.

(3) The Director-General shall hold office on such terms and conditions as may be
specified in his letter of appointment.

  1. Appointment of other staff of the Centre

(1) There shall be appointed by the Council, the following officers for the Centre,

that is-

       (a)       a secretary and Director of personnel;

       (b)        a Director of each of the training departments;

       (c)       a Director of research;

       (d)       a Director of finance and supplies.

(2) The secretary and Director of personnel shall be responsible to the Director-
General of the Centre, for the day-to-day administration and for the finances of the
Centre.

(3) The Director of training shall be responsible to the Director-General of the Centre
for organising and conducting the training courses, programmes, seminars and workshops

and other studies undertaken by the Centre, including the collation and publication of
course materials and other publications relating thereto.

(4) The Director of research shall be responsible to the Director-General of the Cen-
tre for the proper management of the finance and materials of the Centre.

(6) The Council may, from time to time, appoint such other staff as may be required
for the purposes of the efficient performance of the functions conferred on the Centre
under this Act.

(7) The officers and other employees of the Centre (other than the Director-General)
shall hold office on such terms and conditions as apply in similar organisations and as
may be specified by the Council after consultation with the Minister.

  1. Service in the Centre to be pensionable

(1) Service at the Centre shall be approved service for the purpose of the Pensions
Act and, accordingly, officers and other persons employed in the Centre shall be entitled
to pensions, gratuities and other retirement benefits as prescribed thereunder.

[Cap. P4.]

(2) Nothing in this section shall prevent the appointment of a person on a temporary
basis to any office at the Centre, on terms which preclude the grant of a pension and gra-
tuity or other retirement benefit in respect of that office.

(3) For the purposes of the application of the provisions of the Pensions Act, any
power exercisable thereunder by a Minister or other authority of the Government of the
Federation, other than the power to make regulations under section 23 thereof, is here-
by vested in and shall be exercisable by the Council and not by any other person or
authority.

  1. Financial provisions

(1) The Council shall establish and maintain a fund from which shall be defrayed all
expenditures incurred by the Centre.

(2) There shall be paid or credited to the fund established pursuant to subsection (1)
of this section-

        (a)      such sums as may be provided by the Federal Government or a State Govern-
     ment for payment into the fund;

                    (b)       all subscriptions, fees and charges for services rendered by the Centre; and

       (c)       subject to subsection (3) of this section, all sums accruing to the Centre by way
      of gifts, testamentary disposition and endowments or contributions from phil-
      anthropic persons or organisations or otherwise howsoever.

(3) The Centre may, within and outside Nigeria, accept gifts of land, money or other
property upon such terms and conditions, if any, as may be specified by the person or
organisation making the gift:

Provided, however, that the Centre shall not accept any gift if the conditions at-
tached by the person or organisation making the gift, to the acceptance thereof, are con-
sidered inconsistent with the functions of the Centre or its position as a non-partisan
Centre, free from any undue external influence.

  1. Borrowing powers

The Centre may, with the consent of or in accordance with the general authority given
by the Minister, borrow by way of loan or overdraft from any source, any monies re-
quired by the Centre for meeting its obligations and discharging its functions under this
Act.

10. Power to invest fund

(1) The Centre may, subject to the provision of this Act and the conditions of any
trust created in respect of any property, invest all or any of its funds with the consent or
general authority given by the Minister.

(2) The Council may invest any surplus fund of the Centre in such securities as may
be approved by the Minister.

11. Estimates of income and expenditure

The Director-General of the Centre shall, not later than 31 October in each year, pre-
pare an estimate of the income and expenditure of the Centre during the next succeeding
year and, when so prepared, shall be submitted to the Minister for approval by the Presi-
dent.

12. Audited account

(1) The Council shall cause to be kept, proper accounts and proper records in relation
to its income and expenditure and when certified by the Council, such accounts shall be
audited as provided in subsection (2) of this section.

(2) The accounts of the Centre shall be audited not later than six months after the end
of each year by an auditor appointed by the Council from the list and in accordance with
the guidelines supplied by the Auditor-General for the Federation.

13. Annual report

The Council shall, not later than 30 September in each year, prepare and submit to the
Minister a report on the activities of the Centre during the immediately preceding year
and shall include in such report the audited accounts of the Centre and the Auditor-
General's report thereon.

14. Staff regulations

(1) The Council may, subject to the provisions of this Act, make staff regulations re-
lating generally to the conditions of service of employees of the Centre and without
prejudice to the generality of the foregoing, regulations may provide for-

              (a) the appointment, promotion and disciplinary control (including dismissal) of
employees of the Centre; and

       (b)        appeals by such employees against dismissal or other disciplinary measures,

and until such regulations are made, any instrument relating to the conditions of service
of public officers of the Federation shall be applicable, with such modifications as may
be necessary, to the employees of the Centre.

 (2) Staff regulations made under subsection (1) of this section, shall not have effect
until approved by the Minister and, when so approved, they need not be published in the
Federal Gazette, but the Council shall cause them to be brought to the notice of all af-
fected persons in such manner as it may, from time to time, determine.

15. Interpretation

In this Act, unless the context otherwise requires-

"Centre" means the National Centre for Economic Management and Administration
established under section 1 of this Act;

"Council" means the Governing Council of the Centre, established by section 3 of
this Act;

"chairman" means the chairman of the Council;

"Director-General" means the Director-General of the Centre appointed pursuant to
section 5 (1) of this Act;

"member" includes the chairman of the Council; and

"Minister" means the Minister charged with responsibility for matters relating to
budget and national planning.

16. Short title

This Act may be cited as the National Centre for Economic Management and Admini-
stration Act.

SCHEDULE
[Section 4 (5).]

Supplementary provisions relating to the Council

Proceedings

1. (1) Subject to this Act and to section 27 of the Interpretation Act, the Council may make
standing orders regulating the proceedings of the Council or of any committee thereof.

[Cap. 123.]

(2) The quorum of the Council shall be the chairman and four other members, the quo-
rum of any committee of the Council shall be determined by the Council.

(3) The Council shall meet not less than three times in each year and subject thereto, the
Council 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 three other members, he shall summon a
meeting of the Council to be held within fourteen days from the date on which the notice is
given.

 (4) At any meeting of the Council the chairman shall preside; but if he is absent, the
members present at the meeting shall appoint one of their number present at the meeting to
preside at that meeting.

(5) Whenever the Council desires to obtain the advice of any person on a particular
matter, the Council may co-opthim as a member for such period as it thinks fit; but a person
who is a member by virtue of this sub-paragraph shall not be entitled to vote at any meeting of
the Council and shall not count towards the quorum.

(6) Notwithstanding anything in the foregoing provisions of this paragraph, the first
meeting of the Council shall be summoned by the Minister.

Committees

2. (1) The Council may appoint one or more committees to carry out, on behalf of the Coun-
cil, such of its functions under this Act as the Council may determine.

(2) A committee appointed under this paragraph shall consist of such number of persons
(not necessarily all members of the Council) as may be determined by the Council; and a per-
son other than a member of the Council shall hold office on the committee, in accordance with
the terms of his appointment.

(3) A decision of a committee of the Council shall be or no effect until it is confirmed
by the Council.

Seal of the Centre

3. (1) The fixing of the seal of the Centre shall be authenticated by the signature of the
chairman or some other member authorised generally or specially to act for that purpose by
the Council.

(2) Any contract or instrument which, if made or executed by a person not being a body
corporate, would not be required to be under seal, may be made or executed on behalf of the
Centre by the Director-General of the Centre or any person specially authorised to act for that
purpose by the Council.

(3) 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.

Miscellaneous

4. (1) Members of the Counci I who are not public officers shall be paid out of the monies at
the disposal of the Centre, such remuneration, fees or allowance which shall, in accordance
with such scales as may be approved, from time to time, by the Minister.

(2) The validity of any proceedings of the Council or of a committee thereof shall not be
adversely affected by any vacancy in the membership of the Council or committee or by any
defect in the appointment of a member of the Council or of a committee, or by reason that a
person not entitled to do so took part in the proceedings.

(3) Any member of the Council, or any person holding office on a committee of the
Council, who has a personal interest in any contract or arrangement, entered into or proposed
to be considered by the Council or a committee thereof, shall forthwith disclose his interest to
the Council and shall not vote on any question relating to the contract or arrangement.

                    SUBSIDIARY LEGISLATION 
                     
No Subsidiary Legislation