Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697812477895.pdf (Nigeria)
A BILL FOR AN ACT TO ESTABLISH THE NIGERIAN RESEARCH INSTITUTE OF FISHERIES AND AQUACULTURE, BAKASSI.

SPONSOR: SEN. GERSHOM BASSEY [ ] ENACTED by the National Assembly of the Federal Republic of Nigeria: PART I — ESTABLISHMENT OF THE NIGERIA INSTITUTE OF FISHERIES AND AQUACULTURE 1.

(1) There is established the Nigerian Research Institute of Fisheries and Aquaculture (in this Act referred to as "the Institute").
(2) The Institute: (a) shall be a body corporate with perpetual succession and a common seal which shall be kept in such custody as the Institute may authorize; (b) may sue and be sued in its corporate name; and (c) may hold, acquire and dispose of any property, moveable or immovable, in carrying out its mandate.

Commencement Establishment of the Institute of Fisheries and Aquaculture.
(3) The Headquarters of the Institute shall be in Ibadan with research outstations and colleges in all geo-political zones of the Federation.

2.

(1) The functions of the Institute shall be: Functions of the Institute.

(a) Conduct multidisciplinary and collaborative research on fish ecology,population dynamics, stock assesement and general aquatic ecology; (b) Collect and dessiminate scientific information on fisheries and other aquatic resources and related natural products; Page 1 of 12 Senate .
(c) education and training by the Institute; (d) Study and identify suitable species for culture including development, adoption and transfer rearing technology and procedure; (e) Study Chemical and physical processes that affect productivity of aquatic ecosystems; (f) Monitor water quality and pollution in fresh and marin water environments; (g) Carry out socio-economic research on aspects relevant to fisheries, environment and other aquatic resources; (h) Offer training facilities to aquatic scientists; (i) Conduct research on fish quality control, post harvest preservation and value addition technologies.
(j) the improvement of the genetic resources of for economic the ecosystem fishes and development; (k) the mechanisation and improvement of the methods of fish farming, harvesting, processing, preservation and mass production of fish; (l) studying pests and diseases of fish and their control; (m) making the for suitable arrangements institute’s application of the results of the research work by the Federal and State ministries, agencies and the private sector for the economic development of Nigeria; (n) co-operating with relevant Nigerian and international universities, research institutes and other institutions in the mobilisation of the country’s research potential on fisheries for the task of national development and dissemination of research findings on the issues relating to forestry for the use of policy makers at all levels and; (n) doing anything and entering into all professional transaction that will enhance proper performance of its functions.
Page 2 of 12 Senate .

3.

(1) The Institute may, with the approval of its supervising Ministry or Board, enter into association or agreement with the competent authorities of any university or other institution of higher learning or recognised for the purpose of promoting or furthering mutual co-operation in the field of scientific research in respect of which the Board has responsibility under this Act.

international institutions Powers of the Institute.
(2) The Institute may, at the written request of any government agency, local government authority or private organisation, train laboratory, field ecology extension and other categories or descriptions of workers relative to their specified fields of research.

(3) Without prejudice to its research functions, the Institute may produce improved fingerlings and other aquatic materials as part of its research and experimental programmes for use by fish farmers in different ecological zones of the Federation.
(4) The Institute shall, when so requested by the Federal Government, government agencies or any of the State or Local Government authorities or any authorised body, provide information or give advice relating to their specified fields of research.

4.

(1) There shall be for the Institute, a governing body (in this Act referred to as “the Board”) charged with the administration of government policies.

Governing Board of the Institute.


(2) The Board shall be established by the President of the Federal Republic of Nigeria on the recommendation of the Minister and shall be evenly distributed among the six geo-political zones of the Federation.

(3) The Board shall consist of: (a) a chairman, knowledgeable in aquaculture or related discipline; fishery and (b) a representative of the Ecological Funds Office; (c) a representative of the Supervising Ministry Page 3 of 12 Senate .
charged with the supervision of fishery matters; (d) two other members nominated by the President; and (e) the Director General of the Institute.

(4) With the exception of the Director-General, membership of the Board shall be on part-time basis.

(5) A member of the Board may resign his appointment by a letter addressed to the President, through the Minister, and, if accepted, the resignation shall take effect from the date the President receives the letter of resignation.
(6) Members of the Board shall, unless otherwise provided, hold office for a term of four years and may be eligible for another term of four years and no more.

5.

(1)The Board shall have the powers to — Powers of the Board.
(a) perform all functions conferred on the Institute by this Act; (b) formulate policies for the Institute; (c) make rules to govern the procedures of its meetings; and (d) make recommendation to the Minister on the establishment of specialised colleges in other parts of the country as the need arises.

Schedule.

(2) The provision of the Schedule to this Act shall apply with respect to the proceedings of the Board.

6.
6.

(1) The President shall, on the recommendation of the Minister, appoint the Director-General of the Institute.

(2) The Director-General shall be — The Director General of the Institute.

(a) a Research Professor with vast experience in fishery and aquaculture; Page 4 of 12 Senate .
(b) charged with the day-to-day management of the affairs of the Institute in accordance with such instructions as may be given to him by the Minister, through the Board of the Institute; (c) the Accounting Officer of the Institute; (3) The Director-General of the Institute shall hold office for a term of four years and may be eligible for re-appointment for another term of four years and no more.
(4) The Board may appoint such other persons as employees of the Institute either by way of transfer or secondment from any of the public service or any university in the Federation or otherwise as it considers necessary.
(5) The Institute shall operate research professorial cadre system for researchers or lecturers and directorate equivalent system for support services staff such as: (a) the Institute's Secretary for Administration Cadre System; (b) the Institute's Librarians for Library Cadre system; (c) the Institute's Accountant for the Account and Finance Cadre System; (d) the Institute's Auditor for the Audit Cadre System; and (e) the Head of Procurement for the Procurement Cadre System.
(6) The remuneration, conditions of service and tenure of office of the employees of the Institute shall be determined by the National Income, Salaries and Wages Commission and the Federal Civil Service Commission.

7.

(1) The Minister shall, on the recommendation of the Board, appoint a Provost for Colleges of the Institute.

Appointment of Provost (2) The Provost shall: Page 5 of 12 Senate .
(a) be a Ph.D. holder and shall possess a minimum experience as a Senior Lecturer in the field of fishery related disciplines; (b) be charged with the day-to-day management of the College in accordance with such instructions as may be given to him by the Board or Director- General of the Institute; (c) design research programmes, the formulation research proposals implementation of and relevant to the Institute; (d) coordinate the training programmes or research and provisions of intellectual leadership; (e) be responsible for the collation and interpretation of research data and the preparation of scientific reports; (f) prepare annual and quarterly reports in respect of his College; (g) be responsible for College development programmes and planning; and (h) hold office for a non-renewable term of five years.
(3) The Board shall recommend the removal of the Provost to the Minister if he is found incompetent or incapacitated.

PART II — PROFESSIONAL DISCIPLINE 8.

Every staff shall be well acquainted with the disciplinary procedure entrenched in the Public Service Rules, and any other regulations as may be made by the Board.

Professional discipline.


9.Where a staff — (a) is judged to be guilty of infamous conduct in any professional respect, (b) is found to have contravened the provisions of Public Service Rules, or Page 6 of 12 Senate .

Penalties for unprofessional conduct.


(c) contravene directives issued as government circulars from the supervising Ministry, Federal Civil Service Commission, Office of the Secretary to the Government of the Federation, Office of the Head of Service and other Federal Government offices with authority to issue circulars and directives, the staff shall be subjected to disciplinary measures in accordance with the regulations contained Public Service Rules .
PART III — MISCELLANEOUS AND GENERAL PROVISIONS 10.The Institute shall — Provision of library.

(a) provide and maintain a library comprising of books and publications for the advancement of knowledge of fishery and such other books and publications as the Board may deem necessary for that purpose; and (b) encourage research into fishery and allied subjects to the extent that the Board may consider necessary.

11.

(1) The Minister shall have powers to make rules and regulations under this Act.
Rules and regulations.

(2) The regulations made under this Act shall be published in the Federal Government Gazette as soon as they are made.
(3) The rules made for the purposes of this Act (other than rules made by the Minister) shall: (a) be subject to confirmation by the Institute at its next annual farming systems meeting or at any special meeting of the Institute convened for the purpose; and (b) if not confirmed, cease to have effect on the day after the date of the confirmation but without prejudice to anything done in pursuance or Page 7 of 12 Senate .

intended pursuance of such rules.

PART IV — FINANCIAL PROVISIONS 12.


(1) shall be paid: The Institute shall establish and maintain a fund into which Funds of the Institute.
(a) annual subvention from the Federal Government; (b) monetary gifts, research grants or aids and international from national and contribution organisations; (c) internally generated revenue from research breakthroughs, products and services provided by the Institute; (d) loans and other solicited funds received by the Institute; and (e) all other sums accruing to the Institute from time to time.
(2) The Institute shall prepare a detailed annual budget of its programmes and activities for the approval of the Board and the Minister.
(3) The Institute shall apply the funds at its disposal: (a) to meet the cost of administration of the Institute and its Colleges; (b) for the payment of fees, allowances and benefits of members of the Board; (c) to the payment of functions of the Institute under this Act or any matter connected to its function; (d) to meet any capital expenditure of the Institute; (e) salaries, allowances and benefits of officers and other employees of the Institute; Page 8 of 12 Senate .
(f) to such reasonable travelling and subsistence allowances of the Board, Director-General and other members of staff in respect of time spent on the duties of the Institute as may be determined by the Board and other guidelines of the Institute; (g) to maintain any property acquired by or vested in the Institute; and (h) to implement all or any of the expenditure of the Institute.

13.

(1) The Institute shall maintain a bank account in its name in banks approved by the Board.
Bank accounts of the Institute.

(2) Any fund of the Institute in excess of an imprest to be determined by the Board shall be lodged into the Institute's account.

14.

(1) The Institute may accept gifts of land, money or other testamentary dispositions, endowments and contributions on such terms and conditions, if any, as may be specified by the donor.

Power to accept gift.


(2) The Institute shall not accept any gift if the conditions attached by the donor are inconsistent with the objectives and functions of the Institute under this Act.

15.

(1) The Institute may, with the consent of the Minister and on the recommendation of the Board, borrow by way of loan, a specified amount as it may require for meeting its obligations and performing its functions under this Act.

Power to borrow.
Power to borrow.

(2) No consent or authority shall be required under subsection (1), if the sum or the aggregate of the sums involved at any time does not exceed such amount as may, for the time being, specified in relation to the Institute by the Federal Government.

16.
16.

(1) The Institute shall prepare, not later than 30th September, 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 for approval prior to final submission at the National Assembly.

Annual estimates, accounts and audit.

(2) The Institute shall keep proper books of records and accounts which Page 9 of 12 Senate .
shall be audited by auditors approved by the Board from the list of auditors in accordance with the guidelines supplied by the Auditor- General for the Federation.
17.The Institute shall, not later than six months after the end of each year, submit to the National Assembly, through the Minister, a report on the activities and the administration of the Institute and its Colleges during the immediately preceding year and shall include in the report, the audited accounts of the Institute and its Colleges and the report of the Auditor on the accounts.

Annual report.
Annual report.

18.No suit, prosecution or legal proceedings shall lie against any officer, member or employee of the Institute for anything which is done in good faith or is intended to be done under this Act, rules or regulations made under this Act.

Indemnity of members.

19.


(1) A suit shall not 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 on the Institute by the intending plaintiff or claimant or his counsel, and the notice shall clearly state the: Legal proceedings and services of summons.
(a) cause of action; (b) particulars of the claim; (c) name and place of abode of the intending plaintiff or claimant; and (d) relief which he claims.
(2) The notice referred to in subsection (1) of this section and any summons, notice or other document required or authorised to be served on the Institute under the provisions of this Act or any other enactment or law may be served by – (a) delivering the documents to the office of the Director-General; or (b) sending it by registered post addressed to the Director-General at the Headquarters of the Institute.

Page 10 of 12 Senate .


20.The seal of the Institute shall not be affixed on any instrument except with the authority of the Director-General.

Seal of the Institute.

21.In this Act — Interpretation.
"Board" means the Board established as the governing body of the Institute under the section 4 (2) of this Act; "Director-General" means the Director-General appointed under section 6 (1) of this Act; "Institute" means the Nigerian Institute of Fisheries and Aquaculture established under section 1 (1) this Act; "Colleges" means the Federal Colleges of the Institute under this Act; "Member" means Member of the Institute; "Minister" means the Minister charged with the responsibility for matters relating to fishery; "Supervising Ministry" means responsibility for matters relating to fishery.
the Ministry charged with the 22.

This Bill may be cited as the Nigeria Institute of Fisheries and Aquaculture (Establishment) Bill, 2018.

Citation.

SCHEDULE Sections 5 (2) SUPPLEMENTARY PROVISIONS RELATING TO THE BOARD AND THE INSTITUTE Qualifications and Tenure of Office of members 1.

(1) Subject to the provisions of this paragraph, a member of the Board shall hold office from the effective date of the instrument of his appointment.
(2) A member of the Institute who ceases to be a member shall, if he is also a member of the Board, cease to hold office on the Board.

Powers of the Board Page 11 of 12 Senate .

2.

The Board shall have powers to do anything which, in its opinion, is calculated to facilitate the carrying-on of the activities of the Institute under this Act.

Proceedings of the Board 3.


(1) Subject to the provisions of this Act, the Board may, in the name of the Institute, make standing orders regulating the proceedings of the Institute or Board and, in the exercise of its powers under this Act, may set up committees in the general interest of the Institute and make standing orders for the committees.
(2) Standing orders shall provide that decisions shall be taken by a majority of the members, and, in the event of equality of votes, the Chairman has a second or casting vote.

(3) Standing orders made for a Committee shall provide that the Committee is to report back to the Board on any matter not within its competence to decide.

(4) The quorum of the Board shall be four and the quorum of a Committee of the Board shall be fixed by the Board.

Committees 4.
Committees 4.

(1) The Institute may set up one or more standing or ad-hoc committees to carry out, on its behalf, such of its functions as it may determine.
(2) A Committee set up under this paragraph shall consist of such number of persons as may be determined by the Institute and a person, other than a member of the Institute, shall hold office on the Committee in accordance with the terms of his appointment (3) A decision of a Committee of the Institute shall be of no effect until it is confirmed by the Institute.

Meetings of the Institute 5.


The Board shall convene the annual farming systems meeting of the Institute every year or on such other date as the Board may appoint, but if the meeting is not held within one year after the previous annual meeting, not more than 15 months shall elapse between the respective dates of the two meetings.

Meetings of the Board Page 12 of 12 Senate .

6.


(1) The Board shall meet at least twice in any financial year, and subject to the provisions of any standing order of the Board, the Board shall meet at other times as it is summoned by the Chairman, and if the Chairman is required to do so by notice in writing given to him by at least four other members, he shall summon a meeting of the Board to be held within seven days from the date on which notice is given.
(2) At any meeting of the Board, the Chairman shall preside but, in his absence, the members present at the meeting shall appoint one of them to preside at that meeting.

(3) Where the Board decides to obtain the advice of any person on a particular matter, the Board may co-opt him as a member for such period as the Board deems fit, but a person who is a member by virtue of this subparagraph shall is not entitled to vote at any meeting of the Board and shall not count towards a quorum.
(4) Notwithstanding anything in the provisions of this paragraph, the first meeting of the Board shall be convened by the Minister who may give such directions as he deem fit as to the procedure which shall be followed by the Board .

Miscellaneous 7.

(1) The fixing of the seal of the Institute shall be authenticated by the Director-General of the Institute or an officer authorised by the Institute to act in his place for this purpose.
(2) A 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 or Board, as the case may require, by any person generally or specially authorised to act for that purpose by the Board.

(3) A 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 deemed to be so executed.

8.
8.

The validity of any proceeding of the Institute, Board or Committee of the Board shall not be affected by – (a) any vacancy in the membership; (b) any defect in the appointment of a member of the Institute or Board; or Page 13 of 12 Senate .

(c) reason that a person not so entitled to do so took part in the proceedings.

9.
9.

A member of the Institute or Board and any person holding office on a Committee of the Board who has a personal interest in any contract or arrangement being entered into or proposed to be considered by the Board or any Committee shall declare and disclose his interest in such contract or arrangement to the Board and shall be disqualified to vote on any question relating to such contract or arrangement.
EXPLANATORY MEMORANDUM This Bill seeks to establish the Nigerian Institute of Fisheries and Aquaculture for fishery and Aquaculture research, education and training in Nigeria.

Page 14 of 12 Senate .