Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697812481994.pdf (Nigeria)
[HB.

18.10.1542] C 3731 A BILL FOR AN ACT TO ESTABLISH THE PROJECTS DEVELOPMENT AGENCY (PRODA), ENUGU TO CONDUCT SCIENTIFIC, ENGINEERING AND TECHNOLOGICAL RESEARCH AIMED AT FACILITATING THE DOMESTICATION AND INDUSTRIALIZATION OF APPROPRIATE TECHNOLOGY FOR SOCIO- ECONOMIC ADVANCEMENT OF NIGERIA AND FOR RELATED MATTERS, 2018 Sponsored by Hon.
Uzoma Nkem Abonta [ ] Commencement ENACTED by the National Assembly of the Federal Republic of Nigeria as follows: PART I - ESTABLISHMENT OF THE PROJECTS DEVELOPMENT AGENCY (PRODA), ENUGU 1.-(1) There is hereby established a body known as the Projects Development Agency (PRODA), Enugu (in this Bill referred to as “the Agency”).
(2) The Agency: (a) Shall be a corporate body with perpetual succession and a common seal; (b) May sue or be sued in its Corporate name; and (c) May for the performance of its functions acquire and hold movable or immovable property and enter into a contract or any other transaction(s) for the purposes of carrying out any of its functions under this Act.

Establishment of the Projects Development Agency (PRODA), Enugu 2.
There is hereby established for the Agency a Governing Board (in this Act referred to as "the Board") which shall formulate and supervise Establishment of the Board of the Agency the functions of the Agency.

1 C 3732 Projects Development Agency (PRODA) Enugu (Est.)
Bill, 2018 2018 Membership of the Board Tenure of Office of members of the Board 26 27 28 29 3.-(1) The Board shall consist of: (a) The Chairman as appointed by the President of the Federal Republic of Nigeria who shall be a person of proven knowledge and experience in matters relating to global industrial research and development; (b) The representative of Ministry of Science and Technology; (c) The representative of the Manufacturers Association of Nigeria (MAN); (d) The representative of the Nigerian Association of Small Scale Industrialists (NASSI); (e) The representative of the Nigerian Society of Engineers (NSE); (f) The representative of Nigerian Academy of Science; (g) The Director General shall serve as a member/secretary of the Board.
Agency.

(2) The Director-General shall be the Chief Executive Officer of the (3) The Chairman and members of the Board, other than the Director- General/Chief Executive Officer of the Agency shall serve on part-time basis.

(4) The supplementary provision set out in the third Schedule in this Act shall have effect with respect to the proceedings of the Board and other matters contained therein.
4.-(1) A member of the Board other than the Director General/Chief Executive Officer shall hold office subject to any other provisions of this Act, on such terms and conditions specified in his letter of appointment or as may be determined from time to time by the President of the Federal Republic of Nigeria.

(2) No member of the Board shall be entitled to appoint a proxy at any meeting.
(3) The office of a member absent from meeting for a continuous period of twelve (12) months shall be declared vacant at the end of that period.

2018 Projects Development Agency (PRODA) Enugu (Est.)

Bill, 2018 C Powers of the Board PART II - POWERS AND FUNCTIONS OF THE BOARD 5.
The Board shall have powers to: (a) Provide the general policy guidelines relating to the functions of the Agency in accordance with Government regulations; (b) Review and streamline the plan of the Agency in all the areas of its functions/mandates in accordance with Government regulation; (c) Supervise, monitor and ensure the implementation of policies and programmes of the Agency; (d) Do such other things which in its opinion are necessary to ensure the efficient performance of the function of the Agency under this Act.
6.

The functions of the Board shall be to formulate policies and guidelines for effective and efficient delivery of functions/mandates of the Agency as well as to advise the Federal Government with respect to matters of Capacity Building, Research and Development and Technological Functions of the Board Advancement.

7.

A member of the Board may; at any time by a notice in writing addressed to the President of the Federal Republic of Nigeria, resign from office.

8.
8.

In the event of death or resignation of a member or where the office of a member becomes vacant under Section (3), a replacement shall be by appointment by the President of the Federal Republic of Nigeria through the Minister of Science and Technology.

Resignation from Office Filling of vacancies 9.-(1) The allowances payable to members of the Board shall be in accordance with such rates as may be approved by the Federal Government, Remuneration of Members of the Board from time to time.
(2) The Director-General/Chief Executive Officer shall be paid such emolument as may be specified in his/her letter of appointment.

10.

Notwithstanding the provisions of Section 3 of this Act, a member of the Board shall cease to hold office as a member of the Board if: Cessation of office of Members of the Board C 3734 Projects Development Agency (PRODA) Enugu (Est.)
Bill, 2018 2018 Mandates of the Agency (a) He resigns his appointment as a member of the Board; (b) He becomes of unsound mind; (c) He becomes incapable of carrying out the functions of his office either arising from an infirmity of mind or body; (d) The President of the Federal Republic of Nigeria is satisfied that it is not in the interest of the Agency or in the interest of the public for the person to continue in office and the President shall remove him from office; (e) He is convicted of felony by a court of law or Code of Conduct Tribunal; (f) In the case of a person who becomes a member by virtue of the office he occupied, he ceases to be a member on the expiration of his term (office); or (g) In the case of death of a member.
PART III - MANDATES, FUNCTIONS AND STRUCTURE OF THE AGENCY 11.-(1) The Agency shall have the following overall mandates; Carry out research in Engineering Machinery and equipment, industrial materials and processes to pilot plant stages, including engineering design, development and fabrication, and shall in particular conduct research into: (a) Materials science and technology, including metallurgy, foundry work, plastics and synthetic fibres; (b) Processing of ceramic materials and other solid based minerals for industrial use, including development of ceramics, glass and mineral technologies; (c) Processing of agro produce into various bye-products through development of appropriate technology and machinery requirements (d) Mechanical engineering including engineering design, fabrication, machining and other processes; (e) Coal conversion and utilization; (f) Chemical plant development; (g) Electrical and electronic elements particularly electrical 2018 Projects Development Agency (PRODA) Enugu (Est.)
Bill, 2018 C generators, motors, transformers, switchgear, batteries, etc; (h) Economic evaluation of research results to establish their viability in micro, small, medium and large enterprises development; (i) Carry out training in specialized technical areas and award proficiency Certificates; (j) Training Centre: Establish a specially advanced technology centre with a post-graduate degree awarding curriculum in Science and Technology in collaboration with an accredited University; (k) Technical, analytical and consultancy services for existing and planned industries; and (l) Any other related matters as may be determined from time to time by the Minister or President.
(2) The Agency shall have the following functions, to: (a) Review and supervise from time to time Research and Functions of the Agency Development Projects in Engineering aimed at facilitating the Nation's drive towards technological development.
Furthermore, design and fabrication of processing machinery and equipment needed by micro, small and medium enterprises (MSMEs) to process local raw materials in producing consumer goods which will lead to self-reliance; (b) Liaise with relevant establishment within and outside Nigeria in pursuance of the functions of the Agency; (c) Establish and operate world class Science, Engineering laboratories, workshops and library as centres of excellence for precision research; (d) Establish Demonstration factories, Spin-off companies and Industrial parks to ensure rapid commercialization of its R & D output as well as providing necessary avenues for training and retraining of skilled labour and manpower (including students of tertiary institutions on Industrial attachment) or the industry in Nigeria; C 3736 Projects Development Agency (PRODA) Enugu (Est.)
Bill, (e) Establish skill acquisition platforms through the outreach centres; (f) Encourage and promote the commercialization of Research and Development (R & D) Innovation results; (g) Establish and operate liaison office and outreach centres for effective delivery and deployment of its services in Nigeria; (h) Provide technical, analytical consultancy services to local manufacturing sector for revenue generation and for quality control; (i) Liaise with industries and Tertiary Institution to develop products, curricula or modules for appropriate technology transfer programmes for effective commercialization.
(j) Achieve a high research and development output and revenue, and make the desired impact on national socio-economic development; (k) The Agency shall: (i) Be a corporate member of National and International Engineering/Scientific bodies and affiliations; (ii) Publicize the results of its research activities; (iii) Develop facilities and capabilities for the following activities, that is: (a) Research and Development; (b) Collaboration with educational institutions and other relevant government Institutes, organisations, agencies, councils and commercial industries in research, development and capacity building.
(iv) Such other services as the Agency may, from time to time, deem necessary for the purposes mentioned above; (l) Invest surplus funds of the Agency in profit-yielding ventures in accordance with extant regulations; (m) Carry out such other activities as are necessary or expedient for the performance of its functions under this Act.

12.

The Agency: (a) Shall operate a Head Office in Enugu, Enugu State; Liaison Office Structure of the Agency 2018 Projects Development Agency (PRODA) Enugu (Est.)
Bill, 2018 C at Abuja and outreach centres in the six geopolitical zones of the Federation including the Federal Capital Territory (FCT); (b) The Agency is structured into eight departments and service units namely: Departments: (i) Engineering Research, Development and Production (ERDP) Department; (ii) Electrical Power and Electronic Development (EPED) Department; (iii) Applied Sciences and Energy Technology Development (ASET) Department; (iv) Ceramic Production (CPD) Department; (v) Industrial Promotion, Information and Documentation (IPID) Department; (vi) Administration and Human Resources (AHR) Department; (vii) Finance and Supply Department; (viii) Metallurgy and Materials Development (MMD) Department.
Service units: (i) Internal Audit; (ii) Legal unit; (iii) Works unit; (iv) Servicom; (v) Information and Communication Technology (ICT) unit; (vi) Procurement unit; (vii) Anti Corruption Transparency unit (ATU); (viii) Intellectual Property and Technology Transfer unit (IPTTU); (ix) Private Public Partnership unit; (x) Any other unit as approved by the Federal Government.

(c) Head of a Research Directorate shall be designated as Head of C 3738 Projects Development Agency (PRODA) Enugu (Est.)
Bill, Department who shall be of the Rank of Director.

The Head of Research Department shall hold office for a term of four (4) years in the first instance, renewable for another four (4) years up to a maximum of two (2) terms.

Thereafter he/she becomes a Research Director.


In the absence of a Director, the most senior research officer not below the rank of Chief Research Officer shall be appointed in acting capacity; (d) A Department shall consist of maximum of five (5) Divisions and each Division shall be headed by an officer of the rank of Deputy Director.
Each Division shall consist of relevant numbers of Sections with each section headed by an officer of the rank of Chief Research Officer, Chief Engineer or Chief Scientific Officer as the case may be.

Each section shall also consist of relevant number of Units for effective and efficient functioning.

13.-(1) The Agency may establish Scientific, Technical and Advisory Committee in the areas of Research to assist the Agency in various aspects of its responsibilities.
(2) The members of a Scientific, Technical and Advisory Committee shall be persons with requisite expertise and experience in the relevant areas of research and mandate of the Agency.

(3) Subject to section 12c of this Act, Research Directors are automatic members of the Committee.

(4) The Committee shall have membership to a maximum of seven.
The DG/CEO shall appoint other members of the committee 14.-(1) The Agency may with the approval of the Minister and Board establish Demonstration Factories, Spin-off companies and Industrial parks which shall be located in such geo-political zones in Nigeria as may be selected by the Agency, based on raw materials availability and other factors of production of comparative advantage in such zones.
Demonstration factories are pilot plant arising from Research and characterised by innovation to attract entrepreneurial interest for industrial growth.

Establishment of Scientific, Technical and Advisory Committee Establishment of Demonstration Factories, Spin-off Companies and Industrial Parks 2018 Projects Development Agency (PRODA) Enugu (Est.)
Bill, 2018 C Spin off companies which are incidental outcomes of research will expand the scope of local raw material utilization leading to industrial growth.

Conglomeration of all of the above would give rise to Industrial park.

(2) The demonstration Factories, Spin-off Companies and Industrial parks shall be fully equipped to carry out its production and business activities.
A suitable association and collaboration of the Demonstration factories, Spin off Companies and Industrial parks with universities, other institutions of higher learning and commercial industries should be encouraged.

15.

The Agency with the approval of the Minister and the Board may establish a liaison office at the Federal Capital Territory (FCT) to facilitate contacts with other Government Agencies.

16.
16.

The Agency may with the approval of the Minister and Board establish outreach centres in the six geopolitical zones of the Federation and FCT for effective and efficient delivery of its mandate.

17.

The Agency may with the approval of relevant authorities establish and operate PRODA consult which shall be a semi-autonomous body to commercialize inventions and innovations.

PART IV- APPOINTMENT OF DIRECTOR-GENERAL/CHIEF EXECUTIVE OFFICER AND STAFF OF THE AGENCY 18.
-(i) Appointment: There shall be appointed for the Agency by the President of the Federal Republic of Nigeria on the recommendation of the Board and approval of the Supervising Minister, Director-General/Chief Executive Officer who shall: (a) Be responsible for the execution of the policy and the day-to- day administration of the affairs of the Agency; (b) Be the Chief Executive Officer of the Agency, and (c) Have a cognate experience and skills not less than 15 years post qualification as a professional; and other criteria as contained in the Establishment of Liaison office in the Federal Capital Territory (FCT) Establishment of outreach centres in the six geo- political zones of the Federation and FCT Establishment of PRODA Consult Appointment of Director-General/ Chief Executive Officer C 3740 Projects Development Agency (PRODA) Enugu (Est.)
Bill, Condition of Service for Research Institutes.

(iii) Tenure of Office of Director-General/Chief Executive Officer: The Director-General/Chief Executive Officer shall hold office for a term of four (4) years in the first instance renewable for another term of four (4) years up to a maximum of two terms and no more, thereafter he/she becomes a Research Director.
In the absence of the DG/CEO, the most senior Research Director shall be appointed in acting capacity.

(iii) Duties of the Director-General/Chief Executive Officer as Member/Secretary of Board.
The Director-General shall be the Chief Executive of the Agency and also shall be member/secretary of the Board and shall: (a) Prepare the minutes of meetings of the Board and its Committees; (b) Keep and secure the corporate record of the Board; (c) Issue notices of meetings of the Board as may be directed by the Board Chairman; (d) Be responsible for ensuring the implementation of the decisions of the Board in accordance with extant Government Regulations; (e) Prepare draft expenditure, estimates and development plans for the Board and Agency; (f) Have custody of the seal of the Agency; and (g) Perform such other functions as may be determined by the Board from time to time.
19.-(i) The Agency shall have the following officers: (a) Head of Departments/Directors; (b) Deputy Directors.

(iii) The Director/Head of Department shall assist the Director- General/CEO in the day-to-day management of the Agency.

(iii) A Director/Head of Department shall: (a) Head the Directorate of the Agency which he / she coordinates; Appointment Principal Officers of the Agency 2018 Projects Development Agency (PRODA) Enugu (Est.)
Bill, 2018 C (b) Implement the policies of the Agency as they apply to the directorate which he / she coordinates; (c) Prepare draft expenditure estimate and development plans of his directorates; (d) May serve on Scientific, Technical and Advisory Committee of the Agency; (e) Perform such other functions as may be determined by the Director-General/Chief Executive Officer from time to time.
20.-(1) The Board may from time to time, appoint such other persons as members of staff of the Agency upon recommendation by the Director-General/CEO as may be deemed necessary subject to the Extant Appointment of other members of staff of the Agency Remuneration of employees of the Agency Staff Regulations, etc.

Service in the Agency/Application of the Pension Act No.
2 of 2004 Rules and Conditions of Service for Research Institutes (2) The members of staff of the Agency shall be public officers as defined in the Constitution of the Federal Republic of Nigeria 1999.

21.

The salaries and benefits of all the members of staff of the Agency shall be in accordance with the approved Salary Structures for Research Institutes in Nigeria.

22.

Staff regulation will be in accordance with approved Conditions/Scheme of Service for Research Institutes.
23.-(1) It is hereby declared that service in the employment of the Agency shall be an approved service under the Pensions Reform Act and accordingly, officers and employees of the Agency shall in respect of their services be entitled to pensions and gratuities and other retirement benefits as are prescribed under the Pension Reform Act; (2) Notwithstanding the provisions of subsection (1) of this section, nothing in this Act shall prevent the appointment of a person to any office on terms which preclude the grant of a pension and gratuity in respect of that office; (3) For the purposes of the application of the Pensions Reform Act, any power exercisable there under by the Minister or authority other than the C 3742 Projects Development Agency (PRODA) Enugu (Est.)
Bill, Federal Government (not being the power to make regulations under Section 22 thereof) is hereby vested in and shall be exercisable by the Agency and not by any other person or authority; (4) Subject to subsection (2) of this section, the Pensions Reform Act shall in its application by virtue of subsection (3) of this section to any office, have effect as of the office where in the Public Service of the Federation within the meaning of the Constitution of the Federal Republic of Nigeria, 1999.
PART V - FINANCIAL PROVISIONS 24.-(1) The Agency 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 in pursuance of subsection (1) of this section: (a) Fees charged for services rendered by the Agency; (b) Contributions from the organized private sector; (c) All sums accruing to the Agency by ways of gifts, testamentary disposition and endowments or contributions from philanthropic persons; and (d) Such money as may be appropriated to it by the National Assembly, Foreign Aid and assistance from bilateral and multilateral Agencies; (e) Commercialization of Research and Development products by the Agency.
(3) Notwithstanding the provision of subsection (2) of the section, every application for registration of the Agency's Journal shall attract a fee which shall be credited and maintained in separate account by the Agency.

Part of this fund shall be used for the publication of the Agency's Journal.

(4) The funds referred to in subsection (2) of this section shall be as determined from time to time by the Management of the Agency.

25.
25.

The Agency shall from time to time apply the proceeds of the funds established in pursuance of section 24 of this Act to: (a) The cost of establishing and maintaining the Head Office as well Funds of the Agency Expenditure of the Agency (Fund Administration) 2018 Projects Development Agency (PRODA) Enugu (Est.)
Bill, 2018 C as the outstations of the Agency; (b) Pay the remuneration of members of the Board in accordance with Extant Rules; (c) Sponsor Local and International conferences, seminars, workshops for members of staff of the Agency; (d) Provision of scholarship award for specialized training of personnel; (e) Publicize and promote the activities of the Agency; (f) Support National and International scientific bodies and pay annual and other contributions to International scientific organization in which Nigeria subscribes; (g) Undertake any other activity in connection with all or any of the functions of the Agency; (h) Act for and in connection with all or any of its functions under the Act and (i) Organize Local and International conferences, seminars and workshops.
26.

All incomes derived by the Agency from the sources specified in section 24 (2) of this Act shall be exempted from income tax.

All other contributions to the fund of the Agency shall be tax deductible.

27.

Subject to the approval of the Minister and Board, the Agency may invest in the profitable productions of capital goods by joint venture, partnership, share-holding or as sole proprietor as the case may be.
The net Exemption from Income Tax Capital Production Income income so generated shall be paid into the fund of the Agency.

28.

The Agency may, subject to the Supervisory Ministry or in conjunction with the Federal Ministry of Finance invest any surplus funds in Disposal of Surplus Funds profit-yielding ventures.

29.

The Agency shall submit to the Board not later that 31st Annual Estimates October in each year, its programme of work and estimates of its income and expenditure for the following year.
C 3744 Projects Development Agency (PRODA) Enugu (Est.)

Bill, 2018 2018 Accounts and Audit Annual Report Financial Year Limitation of Suit against the Agency, etc.

Cap.
P41, LFN 30.-(1) The Agency shall keep proper accounts and records and shall prepare in respect of each year a statement of accounts in such forms as may be directed by the Auditor-General of the Federation; (2) The accounts of the agency shall be audited not later than six months after the end of the year to which it relates, by auditors appointed by the Agency from the list and in accordance with the guidelines supplied by the Auditor-General of the Federation.
31.-(1) The Agency shall as soon as possible after the expiration of each financial year but within six months after the end of the year prepare and submit to the Supervisory Ministry through the Board an annual report covering the activities and the operations of the Agency; (2) The annual report submitted under sub-section (1) of this section shall include the report of the Auditor; (3) The Agency shall not later than so" September in each year, submit to the Board the Annual Report of each of its outstations for the preceding year.
(4) The Board shall also submit to the Supervisory Ministry other reports in writing requested by the Supervisory Ministry.

32.

The financial year of the Agency shall be the same as that of the Government.

PART VI - LEGAL ACTIONS AGAINST THE AGENCY 33.-(1) Subject to the provisions of this Act, the provision of the Public Officers Protection Act shall apply in relation to any suit instituted against any officer or employee of the Agency.
(2) Notwithstanding anything contained in any other enactment or law, no suit shall lie or be instituted in any court against any member of the Agency, the Director-General/Chief Executive Officer, or any other officer or employee of the Agency for any act done in pursuance or execution of this Act or any enactment or law, duty or authority unless: (a) It is commenced within 3 months next after the act, neglect or default complained of, (there must be a 3 months Pre-trial Notice); 2018 Projects Development Agency (PRODA) Enugu (Est.)
Bill, 2018 C Service of Court Processes (b) In the case of continuation of damage or injury, within six (6) months next after the cessation thereof.
34.-(1) Any notice given by the Agency under or for the purpose of this Act shall be sufficiently given if it is in writing, under the seal of the Agency or is signed by the Director-General/Chief Executive Officer, or by one or more of the Principal Officers of the Agency, or by any person purporting to act by direction of the Agency, and is served in accordance with section 33 of this Act on the person or persons primarily concerned there with or on any person or organization deemed by the Agency to represent the person or persons primarily concerned therewith.
(2) All documents purporting to be signed by or on behalf of the Agency or to be sealed with the seal of the Agency shall, in all courts and in all proceeding under this Act, being deemed to have been so signed or sealed with due authority, unless the contrary is established.
35.-(1) Any notices or other document required or authorized to be Service of Notice(s) served on or given to any person for the purpose of this Act may be served or given by delivering it to that person or by leaving it at his usual or last known place of residence or business or at the address specified by him in any notice, application, or other document made, given or tendered to the Agency under the Act, or by posting it by registered main to him at that place of residence or business or at that address; (2) If any such notice or other document is sent to any person by registered mail, then, unless the contrary is shown, it shall, be deemed to have been delivered to him when it would have been delivered in the ordinary course of posting a mail unless the contrary is established; and in proving the delivery, it shall be sufficient to prove that there is return post office slip showing actual delivery.
(3) Where for any purpose under this Act a notice or document is required to be served on a firm or company, the notice or document may be served on the Secretary, Executive Officer, Manager, or other officer C 3746 Projects Development Agency (PRODA) Enugu (Est.)
Bill, holding a similar position in the association or body shall, unless otherwise directed by the Agency, be deemed to be service on all person who are members of the Association or body or who are represented on the association or body by those members.

(4) Any service of Notice or process on the Agency shall be by proven registered post or by personal service on any Principal Officer of the Agency.
36.-(1) The Agency may accept gifts of land, money or other property, whether within or outside Nigeria upon such terms and conditions if any, as may be specified by the person or organization making the gift, provided that the terms and conditions are not contrary to the objectives and functions of the Agency; (2) The Agency shall not accept any gift if the conditions attached by the person or organization making the gift are inconsistent with the objectives and functions of the Agency.
37.-(1) A gift intended by a person for the Agency, or project of the Agency shall be made directly to the Agency which shall utilize the gift for its objects under this Act.
(2) In deciding to what use to put a gift, the Agency shall consider the expressed wishes of the donor of the gift as are not inconsistent with the objects of the Agency and in the case of an inconsistency arising between the expressed wishes of the donor of a gift and the objects of the Agency, the gift may be utilized by the Agency in furtherance of any of the objects of the Agency.

37.
37.

The Board may give to the Agency directives of a general character relating to the policies and functions of the Agency and the Agency shall comply with such directives in accordance with Government extant Rules.

39.
39.

The Agency may, subject to the provisions of this Act, with approval from the Supervisory Ministry and in conjunction with the Federal Ministry of Finance and conditions of any trust created in respect of any property invest all or any of its funds in any security prescribed by the Power to accept gifts Utilization of Gifts Powers to give Directives Investment 2018 Projects Development Agency (PRODA) Enugu (Est.)
Bill, 2018 C Investment and Securities Act or in such other securities as may from time to time, be approved by the Agency.

40.-(1) The Agency shall be exempted from the payment of income tax in any income accruing from investment made by the Agency; (2) The provision of any enactment relating to the taxation of Exemption from Tax accruing from investment companies or trust funds shall not apply to the Agency.

41.
41.

The Agency shall impose conditions and set targets for the formation of joint ventures or partnership between multinational services, Research Institutes, Institution or service companies in all sectors of the economy and certified indigenous services companies for the purpose of Joint Venture Targets technology Acquisition technological training and acquisition.

42.
42.

The Agency shall make regulation with target to ensure full utilization and steady growth of in-country capacity of Indigenous Research and Development in Science, Engineering Technology and Agro-Allied Targets for in- country Research and Development Projects Materials and other facilities in National Economy.

43.
43.

The Agency shall make regulations with requirements and Research and Development targets for the growth of Research and Development in the areas as prescribed by the mandate but not limited thereof as may be reviewed by the Agency, in particular Nigerian industry.

44.
In this Act, unless the content otherwise requires: Interpretation "Board" means the Governing body of the Agency; "Chairman" means the Chairman of the Board of the Agency; "Fund" means the fund of the Agency as established under the Section 23 of this Act; "Agency" means Projects Development Agency (PRODA); "Member" means a member of the Board and this includes the Chairman; "Principal Officer" means the Directors and other officers as specified in Section 19 of this Act; "Public Service" has the meaning assigned to it in the Constitution of the Federal Republic of Nigeria, 1999; C 3748 Projects Development Agency (PRODA) Enugu (Est.)
Bill, 2018 2018 Short Title "Secretary" means the DG/CEO of the Agency who is the Secretary to the Board; "Minister" means Minister of Science and Technology "President" means President of the Federal Republic of Nigeria.

45.

This Bill may be cited as the Projects Development Agency (PRODA) Enugu (Establishment) Bill, 2018.

SCHEDULE SUPPLEMENTARY PROVISIONS RELATING TO THE BOARD Proceedings of the Board 1.
Subject to this Act and Section 44 of the Interpretation Act, the Board may make standing orders regulating its proceedings or those of any of its committees: (i) The quorum of the Board shall be the Chairman or person presiding the meeting and four other members of the Board and the quorum of any committee of the Board shall be as determined by the Board; (ii) The Board shall meet in full sessions not more than four times in each year precluding emergency meetings thereto.
The Chairman shall summon all meetings by a notice given to him by not less than three (3) other members.
He shall summon a meeting of the Board to be held within 28 days from the date on which the notice is given; (iii) 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 the meeting; (iv) Where the Board desires to obtain the advice of any person on a particular matter, the Board may co-opt such person for such period as it deemed fit, but a person who is in attendance by virtue of this subparagraph shall not be entitled to vote at any meeting of the Board and shall not count towards a quorum.
Committee 2.-(i) The Board may appoint one or more committees to carry out on 2018 Projects Development Agency (PRODA) Enugu (Est.)

Bill, 2018 C behalf of the Board, such functions as the Board may determine; (ii) A committee appointed under this paragraph shall consist of such number of persons as may be determined by the Board.
And the person shall hold office on the committee in accordance with the terms of his appointment; (iii) A decision of a committee shall be of no effect until it is confirmed by the Board; (iv) 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; (v) Any member of the Board or any person holding office on a committee of the Board, who has personal interest in any contract or arrangement, shall disclose his interest to the Board and shall not influence on any matter relating to the contract or arrangement.
Miscellaneous 3.-(1) The fixing of the seal of the Board shall be authenticated by the signature of the Director-General/CEO or any person generally or specifically authorized by the Board to act for that purpose.
(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 Board by the Director- General/CEO or any person generally or specifically authorized by the Board to act for that purpose.

(3) Any document purporting to be a document duly executed under the seal of the Board shall be received in evidence and shall, unless and until the contrary is proved, shall be presumed to be so executed.
(4) The validity of any proceeding of the Board or a committee shall not be affected by: (a) a vacancy in the membership of the Board or committee; C 3750 Projects Development Agency (PRODA) Enugu (Est.)

Bill, 2018 2018 1 2 3 4 (b) a defect in the appointment of a member of the Board or committee; or (c) Reason that a person not entitled to do so took part in the proceedings of the Board or committee.
EXPLANATORY MEMORANDUM This Bill seeks among other things to put in place a legal framework for the continuous growth and existence of Projects Development Agency (PRODA), Enugu.