Agricultural and Rural Management Training Institute Act
An Act to establish a training organisation known as the Agricultural and Rural Management Training Institute to provide, among other things, detailed identification of management training needs in agricultural and rural development organisations throughout Nigeria, and to develop and implement training programmes to meet the needs of managers in the agricultural and rural development sector of the economy.
[Commencement.] [1st February, 1980]
1. Establishment of the Agricultural and Rural Management Training Institute
(1) There is hereby established at Ilorin a training institute to be known as the Agricultural and Rural Management Training Institute (in this Act referred to as “the Institute”) which shall have the functions assigned to it by this Act.
(2) The Institute shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.
2. Governing Board of the Institute, etc.
(1) The government of the Institute and the direction of its affairs shall vest in the Board of Governors of the Institute (in this Act referred to as “the Board”).
(2) The Board shall consist of–
(a) a chairman and two other members to be appointed by the President;
(b) the Director of the Institute;
(c) the Federal Director of Agriculture and Rural Development;
(d) one representative to be chosen from the University of Ilorin, Ahmadu Bello University or University of Nigeria, Nsukka, in rotation by the National Universities Commission;
(e) a representative of the Kwara State Polytechnic.
(3) Subject to subsection (4) of this section, a person appointed as a member of the Board (not being an ex-officio member) shall hold office for three years and shall be eligible for re-appointment for one further period of three years.
(4) The President may terminate the appointment of a member of the Board (not being an ex-officio member) if satisfied that it is not in the interest of the Institute that the person concerned should continue in office.
(5) Any member of the Board (not being an ex-officio member) may by notice in writing under his hand addressed to the Minister resign his office.
(6) The supplementary provisions contained in the Schedule to this Act shall have effect with respect to the proceedings of the Board and the other matters therein mentioned.
3. Functions of the Institute
(1) The functions of the Institute shall be to-
(a) provide detailed identification of management training needs in agricultural organisations and of technical employees in the rural sector of the economy and develop training programmes to meet these needs;
(b) carry out training of students in areas identified in paragraph (a) of this subsection;
(c) establish a residential campus at Ilorin and such other place as may be decided by the Board;
(d) establish an audio-visual production unit which shall produce suitable teaching support materials;
(e) promote or undertake any other activity that in the opinion of the Board is calculated to help achieve the purposes of the Institute.
(2) The Institute shall ensure that the training approach to be followed at the Institute shall be highly job-specific and practical and shall utilise modern methods of management skills development usually utilised by similar establishments in order to attain the highest standards.
4. The Director of the Institute and other staff
(1) There shall be an officer of the Institute to be known as the Director who shall be appointed by the President.
(2) The Director shall be the chief executive of the Institute and shall be responsible to the Board for the day-to-day management of the affairs of the Institute.
(3) The Director shall hold office for a fixed term of four years, subject to renewal by the President for only one more term of the same duration.
(4) There may be appointed, from time to time, by the Board such other staff as may be required for the purpose of the efficient performance of the functions conferred on the Institute under or pursuant to this Act.
5. Service in the Institute to be pensionable
Service in the Institute shall be approved service for the purposes of the Pensions Act and, accordingly, officers and other persons employed in the Institute shall in respect of their services in the Institute be entitled to pensions, gratuities and other retirement benefits as are enjoyed by persons holding equivalent grades in the civil service of the Federation.
6. Financial provisions
(1) The Institute shall establish and maintain a fund which shall be applied towards the promotion of the objectives specified in this Act.
(2) There shall be paid and credited to the fund established pursuant to subsection (1) of this section-
(a) such sums as may be provided by the Government of the Federation;
(b) fees charged for services rendered by the Institute; and
(c) all sums accruing to the Institute by way of gifts, testamentary disposition and endowments or contributions from philanthropic persons or organisations or otherwise howsoever.
7. Power to accept gifts
(1) The Institute may 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 gifts.
(2) The Institute shall not accept any gift if the conditions attached by the person or organisation making the gift to the acceptance thereof are inconsistent with the functions of the Institute.
8. Borrowing power
(1) The Institute may, with the consent of the Minister or in accordance with the general guidelines approved by the President, borrow by way of loan or overdraft from any source any moneys required by the Institute for meeting its obligations and discharging its functions under this Act so however that where the sum or the aggregate of the sums involved at any one time does not exceed
N100,000.00 such consent or authority shall not be required.
(2) The Institute may, subject to the provisions of this Act and the conditions of any trust created in respect of any property, invest all or any of its funds with the like consent or general authority.
(3) The Board may invest any surplus funds of the Institute in such securities as may be approved by the President.
9. Annual estimates, accounts and audit
(1) The Board shall cause to be prepared not later than 30 June in each year an estimate of the expenditure and income of the Institute during the next succeeding year and when prepared they shall be submitted to the Minister.
(2) The Board shall cause to be kept proper accounts of the Institute and proper records in relation thereto and when certified by the Board such accounts shall be audited as provided in subsection (3) of this section.
(3) The accounts of the Institute shall be audited as soon as may be after the end of each year.
10. Annual report
The Board shall, not later than 30 September in each year, submit to the Minister a report on the activities of the Institute and its administration during the immediately preceding year and shall include in such report the audited accounts of the Institute.
11. Staff regulations
(1) The Board may, subject to the provisions of this Act, make staff regulations relating generally to the conditions of service of the employees of the Institute and without prejudice to the generality of the foregoing, such regulations may provide for-
(a) the appointment, promotion and disciplinary control (including dismissal) of employees of the Institute; and
(b) appeals by such employees against dismissal or other disciplinary measure,
and until such regulations are made, any instrument relating to the conditions of service of officers in the civil service of the Federation shall be applicable, with such modifications as may be necessary, to the employees of the Institute.
(2) Staff regulations made under subsection (1) or 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 Board shall cause them to be brought to the notice of all affected persons in such manner as it may, from time to time, determine.
12. Procedure in respect of suits against the Institute, etc.
No suit shall be commenced against the Institute before the expiration of a period of one month after written notice of intention to commence the suit shall have been served upon the Institute by the intending plaintiff or his agent; and the notice shall clearly and explicitly state-
(a) the cause of action;
(b) the particulars of the claim;
(c) the name and place of abode of the intending plaintiff; and
(d) the relief which he claims.
13. Service of documents
The notice referred to in section 12 of this Act and any summons, notice or other document required or authorised to be served upon the Institute under the provisions of this Act or any other enactment or law may be served by delivering the same to the chairman or the Director of the Institute, or by sending it by registered post addressed to the Director at the principal office of the Institute.
14. Restriction on execution against the property of the Institute
In any action or suit against the Institute, no execution or attachment or process in the nature thereof shall be issued against the Institute, but any sums of money which may, by the judgment of the court, be awarded against the Institute shall subject to any directions given by the Institute, be paid from the general reserve fund of the Institute.
15. Power to give directions
The Minister may give the Board directions of a general character or relating generally to particular matters (but not to any individual or case) with regard to the exercise by the Board of its functions under this Act, and it shall be the duty of the Board to comply with such directions.
In this Act, unless the context otherwise requires-
“Board” means the Board of Governors of the Institute constituted as provided in section 2(1) of this Act;
“Chairman” means the chairman of the Board;
“Director” means the Director of the Institute;
“Institute” means the Agricultural and Rural Management Training Institute established by section 1 of this Act;
“member” means any member of the Board and includes the chairman;
“Minister” means the Minister charged with responsibility for Agriculture.
17. Short title
This Act may be cited as the Agricultural and Rural Management Training Institute Act.
[Section 2 (6.]
PROCEEDINGS OFTHE BOARD
1. (1) Subject to this Act and to section 27 of the Interpretation Act (which provides for the decisions of a statutory body to be taken by a majority of the members of the body and for the person presiding to have a second or casting vote) the Board may make standing orders regulating the proceedings of the Board or of any committee thereof.
(2) The quorum of the Board shall be the chairman and four other members, and the quorum of any committee of the Board shall be determined by the Board.
2. (1) 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 three other members, he shall summon a meeting of the Board to be held within fourteen days from the date on which the notice is given.
(2) At any meeting of the Board, the Chairman shall preside but if he is absent the members present at the meeting shall appoint one of their members to preside at that meeting.
(3) Where the Board desires to obtain the advice of any person on a particular matter, the Board may co-opt him as a member for such period but such person shall not be entitled to vote at any meeting of the Board and shall not count towards the quorum.
3. (1) The Board may appoint one or more committees to carry out on behalf of the Board such of its functions as the Board may determine.
(2) A committee appointed under this paragraph shall consist of such number of persons (not necessarily all members of the Board) as may be determined by the Board; and a person other than a member of the Board shall hold office on the committee in accordance with the terms of his appointment.
4. (1) The fixing of the seal of the Institute shall be authenticated by the signature of the Chairman or of some other member authorised generally or specifically to act for that purpose by the Board.
(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 Institute by the Director or any person generally or specially authorised to act for that purpose by the Board.
(3) Any document purporting to be a document duly executed under the seal of the Institute shall be received in evidence and shall, unless the contrary is proved, be presumed to be so executed.
5. Members of the Board who are not public officers shall be paid out of moneys at the disposal of the Board such remuneration, fees or allowances in accordance with such scales as may be approved, from time to time, by the Minister.
6. 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 of a committee, or by reason that a person not entitled to do so took part in the proceedings.
7. Any member of the Board, and 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 Board or a committee thereof shall forthwith disclose his interest to the Board and shall not vote on any question relating to the contract or arrangement.
Credit: Policy and Legal Advocacy Centre (PLAC)