10934                   CAP. 272)   National Productivity Centre Act

 

                                               CHAPTER 272

 

                     NATIONAL PRODUCTIVITY CENTRE ACT

 

 

1987 No.7   An Act to establish the National Productivity Centre charged

             with the responsibility of  promoting productivity, improvement

             and consciousness in all sectors of the Economy and to provide

             for all other matters ancillary thereto

                                                                             

 
 

 


                                   

Establishment, functions, etc. of the

                                       National Productivity Centre

Establishment of the

National Productivity    Centre.

 
 


-                 1.    There is hereby established a body to be known as the National

                   Productivity Centre (hereafter in this Act referred to as “the Centre”)

       which under that name shall be a body corporate with perpetual succession

       and a common seal, and may sue and sued in its corporate name.

 

Establishment

 and Functions

 of the council

 
                   2.    (1)  There shall be established for the management of the affairs of

       the  Centre a council to be known as the National Productivity council            

                         (hereafter in this Act referred to as “the Council”).

 

(2)         The council shall determine the overall policy of the Centre

                   including the financial and operational programmes thereof and shall ensure

                   the  effective implementation such policies and programmes

 

(3)         The Council shall from time to time assess the research,

        consultancy and training p;rogrammes relative to productivity conducted by       

        the State branches of the Centre and other associated institutions with a view 

        to ascertaining their suitability and to offering them such assistance, either

        alone or in co-operation with other professional bodies, as may improve the 

        quality and content of productivity promotion measures in Nigeria.

             

 

 

 

 

 

 

 

10935 [CAP. 272     National Productivity Centre Act

         

 

(4)        The Council may, subject to such conditions as it may impose,

       delegate any of the powers conferred on it by this Act (including its powers to

       appoint and exercise disciplinary control) to any of its committees or the

       Director-General, as the case may be.           

(5)         Nothing in this section shall prevent the Council from exercising 

                  any of the   powers so delegated.

(6)    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.

 

3.      (1)  The Council shall consist of a Chairman to be appointed by the President, 

 Commander-in-Chief of the Armed Forces and the following other members,

 that is –

(a)         two persons selected from workers’ organisations;

(b)         one person each to represent each of the following organisations of  

                   employers

 

(i)          the Nigeria Employers’ Consultative Association, and

(ii)         the Nigeria Association of Chambers of Commerce, Industry, Mines

 and Agriculture;

(c)     one person each to represent the Federal Ministries charged with responsibility

         for matters relating to-

(i)          industries,

(ii)         employment, labour and productivity, and

(iii)      budget and planning;

(d)    one person each to represent each of the following bodies-

(i)          the Nigerian Institute for social and Economic research,

(ii)         the Centre for Management Development and

(e)     the Director-General of the centre

 

(2)   Subject to the provisions of subsection (3) of this section, a person

appointed as a member of the council (not being an ex-officio member

shall hold office for four years and shall be eligible for re-appointment for

a further period of four years.   

 

 

 

 

 

                                                       

 

 

 

 

 

10936    CAP. 272]              National Productivity Centre Act

 

(3)    Members of the council who are not ex-officio members shall be

appointed by the President, commander-in-Chief of the Armed Forces,

who may also remove any such member if he is satisfied that it is not in the

 interest of the Centre that the person concerned should continue in office.

Objectives of the  Centre.                              
 

                       4.   (1)  The Centre shall stimulate consciousness towards the attainment

of higher levels of productivity in all sectors of the Nigeria economy and

shall promote international co-operation for the enhancement of national

                       Productivity.

(2)   For the purposes of subsection (1) of this section, the Centre shall-

(a)    promote, develop and provide services aimed at utilizing to the

fullest all available and potential resources in order to secure for

the  people of Nigeria a better and higher standard of living;

(b)   if the Council so approves, accept technical aid and channel same

into any scheme aimed at the advancement or increase in the level 

of productivity;

(c)    conduct studies in contemporary methods of increasing

productivity and assist business concerns to set up productivity schemes;

(d)   disseminate information on methods and programmes for

improving the level of productivity in industries;

(e)    provide consultancy and advisory services to management and workers in

the field of industrial relations, industrial engineering, personnel management,

production planning, work study and job evaluation with a view to increasing

productivity and improving the payment system in the organization concerned;

(f)    provide training facilities by organizing courses and seminars which are specially

 designed to improve competence, supervisory skill and inspiring a consciousness

 towards increased productivity among workers and the management of business

organisations;

(g)   conduct studies on the levels of productivity in every sector of the economy and

encourage business enterprises to set up productivity teams charged with the setting

 up of targets and schemes of productivity;

 

 

10937[CA P. 272    National Productivity Centre Act

                                            

(h)   encourage the formation of productivity committees and establish branches of the

 National Productivity Centre in each State of Nigeria;

(i)     Liaise on a continuous basis with the Centre for Management Development, the

Administrative Staff College of Nigeria and any similar institution, or association which

the council may consider will further the objectives of the Centre;

(j)     Liaise with the International labour Organization, the United Nations Development

programme, the United Nations Conference for Trade and Development and any similar

 international organization engaged in the promotion of productivity.

 

(3)   The Centre shall carry out such other functions, not inconsistent with its objectives under

 this Act, as the Minister may from time to time assign to it.

 

 

 

Director-General and other Staff of the Centre

The Director-General of the Centre
 


5.      (1) There shall be an officer of the Centre to be known  as the

Director-General who shall be appointed by the President, Commander-in- 

Chief of the Armed Forces.

(2)   the Director-General shall, subject to this Act, be the chief

executive of the Centre and shall be responsible to the Council for the day-

to-day management of the affairs of the Centre on the recommendations of the Hon. Minister.

(3)  The Director-General shall hold office on such terms and

conditions as may be determined from time to time by the President,

Commander-in-Chief of the Armed Forces.

Appointment of the Secretary and other staff of the centte
 


6.      (1)  There shall be appointed by the Council an officer of the Centre

who shall be known as the Secretary to the Council.

 

(2)  The Secretary shall, in addition to any other duties assigned to him by

 the Council or the Director-General, as the case may be, keep the records

of the Centre and act as the Secretary to the Council and of any committee thereof

and conduct the correspondence of the Council.


 

10938                  CAP. 272] National Productivity Centre Act

 

 

(3)  The Council shall employ such other staff to assist the Director-General in the

 performance of his functions as the Council may, after consultation with the Minister,

determine from time to time.

Provision of

Library

facilities, offices, etc.
 


7.  (1) The Centre shall establish and maintain a library  comprising such books,

records, reports and other publications as may be directed by the Council for the

advancement of knowledge in the area of work undertaken by the Centre, for research

 purposes and for other purposes connected with the functions conferred on the Council

by or pursuant to this Act.

   (2)  For the purpose of providing offices and premises necessary for the performance

 of its functions under this Act, the Council may acquire land in any manner authorized by

 law and build, equip and maintain offices and pre

mises on such land.

   (3)  The Council may, with the prior approval of the Minister, dispose in any manner

authorized by law such of its land or premises as is no longer required for its purposes.

 

 

                             Financial Provisions

 

Power to

accept gifts.
8.  (1)  The Centre may accept gifts of land, money or other property upon such terms and

conditions, if any, as may be specified by the person or organization making the gift.

    (2) The Centre shall not accept any gift if the conditions attached by the person or organization

 making the gift to the acceptance thereof are inconsistent with the  functions of the Centre of its position

 as a non-partisan institution free from any undue external influence.

Borrowing

 power.
 


9.  The Centre may with the consent of the Minister or in accordance with the general authority issued

 in the behalf by the Minister, borrow by way of loan or overdraft from any source, any moneys

required by the Centre for meeting its obligations and discharging its functions under this Act.

      Establishmentof the

      fund of the Centre
 


10.  (1) The Centre shall establish and maintain a fund which shall be applied towards the promotion of

 the objectives of the Centre specified in this Act.

 


 

10939    [CAP. 272 National Productivity Centre 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 for payment into the fund;

(b)   All subscriptions and fees charged for services rendered by the Centre;

(c)    Subject to section 8 (2) of this Act, all sums accruing to the Centre by way of gifts, testamentary

      dispositions, endowments or contributions from philanthropic persons or organizations or otherwise howsoever;

      and

(d)   All moneys raised by the Centre by way of loan or overdraft in accordance with section 9 of this Act.

 

11. 

  Annual estimate

  account and audit
 (1)  The council shall cause to be prepared and submitted to the Minister not later than 30th June in each

             year or such other time as he may direct an estimate of the expenditure and income of the Centre during the next

             succeeding financial year.

      (2)  The Centre shall cause to be kept proper accounts and proper records in relation thereto and when certified

             by the Council such accounts shall be audited as soon as may be after the end of each year by auditors

             appointed from the list of auditors and in accordance with the guidelines submitted by the Auditor-General of the

             Federation.

 

          Miscellaneous and Supplementary Provisions

Annual reports
 


12. (1)  The Council shall, not later than 30th July in each year, submit to the Minister a report on the activities of the

             Centre and its administration during the immediately preceding year and shall include in such report the audited accounts

             of the Centre and the auditor’s report thereon.

 

(2)  The Minister shall, as soon as may be after the receipt of the report, lay before the National Council of Ministers such

report together with any comments thereon made by him.

 

Power of the Minister

to give directions
13.  The Minister may give to the Council direction of  a general nature with respect to any of the functions of the Council

       or the Centre and it shall be the duty of the Council to comply with such directions or cause them to be complied with.


 

10940                  CAP. 272]  National Productivity Centre Act

 

    Associate membership

     of the Centre, etc
 


 

14  (1)  All manufacturing and industrial concerns, organizations, institutions, individuals and other interest groups recognized

             by the Council shall be eligible for election for associate membership of the Centre and on election, shall be conferred with such

             rights as the Council may from time to time determine.

      (2)  The Council shall prescribe the fees payable by organizations and persons elected as associate members of the Centre.

Transitional provisions relating to

the National Productivity Committee.
 


 

15.   There shall, by virtue of this Act and without further assurance, be vested in the Centre all the commencement of this

         Act, all rights, interests, property, obligations, assets and liabilities which immediately before the commencement of this Act,

         were vested in an unincorporated body known as the national productivity Committee (hereafter in this Act referred to as

        “the Committee”.

Application

of the Pensions

Act. Cap. 346
 


 

16.  (1)  It is hereby declared that service in the Centre shall be approved service for the purposes of the Pensions Act and,

              accordingly, officers and other persons employed in the Centre shall in respect of their  service in the Centre be entitled to pensions,

              gratuities and other retirement benefits as are prescribed thereunder, so however that nothing in this Act shall prevent the

              appointment of a person to any office on terms which preclude the grant of a pension, gratuity or other retirement benefit in respect

              of that office.

       (2)  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 (Not being the power to make regulations under section 23 thereof) is

             hereby vested in and shall be exercisable by the Council and not by any other person or authority.

Interpretation
 


 

17. In this Act, unless the context otherwise requires “Centre” means the National productivity Centre established by section 1 (1)

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

 

 

10941        [CAP. 272  National Productivity Centre Act

                           

 

 

“Minister” means the Minister for the time being charged with   

         responsibility for matters relating to productivity.

Short title
 


 

 18.   This Act may be cited as the National Productivity Centre Act.

 

                                   _____________________

                                                                SCHEDULE                               Section    2(6)

                                                  Proceedings of the Council, etc.

 

1.         (1)       Members of the Council shall every year elect from among their number two vice-Chairmen.

(2)       Where a member representing an organizations ceases to be a member of the Council, the body by

             which he wa nominated shall nominate another person to represent it on the Council.

(3)        Any member of the Council other than an ex-officio member may by letter addressed to the Council resign

             his appointment and on acknowledgement of the receipt of the letter by the Director-General, he shall cease to be a

             member of the Council from the date indicated on his letter of resignation.

(4)        Any member of the Council, not being a public officer shall be paid allowances in accordance with scales approved

             from time to time by the President, Commancer-in-Chief of the Armed Forces.

2.        (1)        Any member who is absent from two consecutive ordinary meeting of the Council shall explain the reason for

                        such absence in writing to the Director-General for consideration by the Council which shall thereafter either accept

                        same or

                        recommend to the President, commander-in-Chief of the Armed Forces that the member be removed from office,

                        and on

                        approval of such recommendation by the President, Commander-in-chief of the Armed Forces, the member shall

                        stand removed.

(2)        A decision of the Council shall not be invalidated by virtue of any vacancy in its membership or any defect in the

            appointment of a member or the absence of a member.

(3)        If it appears to the Council that any of its members should be removed from office on the ground of misconduct or

            inability to perform the functions of his office, the Council shall after consultation with the interests, represented by that member,

            if any, make a recommendation to that effect to the President, Commander-in-Chief of the Armed Forces, approves the

            recommendation, he shall, in writing declare the office of that member vacant.

 

 

10942    CAP.272]      National Productivity Centre Act

                                    

 

 

(4)       The Council shall have power to make with the approval of the Minister bye-laws for the furtherance of its objects and

             in particular such bye-laws shall provide for the following:-

(a)        matters relating to the appointment, removal and resignation of

            the professional and administrative staff of the Centre; and

(b)        in consultation with the relevant agency of the Federal

            Government, the procedure for and terms and tenure of

            appointments, emoluments, allowances, discipline and the

           conditions of service of the employees of the Centre.

(5)        Any bye-law made pursuant to sub-paragraph (4) of this paragraph may be amended or revoked by the Council with

            the approval of the Minister.

 

3.      (1)     The Council shall meet not less than twice in a year at such time, place and day as the Chairman may appoint.

(2)     The Chairman shall convene an extraordinary meeting of the Council whenever the need arises or on the written request

          of not less than five members and such requisition shall specify the subject-matter of the meeting and the Chairman shall

         convene a meeting of the Council within twenty one days of the receipt of the request to discuss only the subject-matter

          specified therein.

4.      A notice for a meeting of the Council shall specify the time, place, date and agenda of the meeting and shall be served

         not less than ten clear days before the date of the meeting.

5.      At every meeting of the Council, the Chairman shall preside and in his absence, one of the two vice-chairmen shall preside.

6.      At every meeting of the Council, five members shall for a quorum.

7.      The decisions of the Council shall be taken by a majority of its members and in the case of equality of votes, the person

         presiding shall have a casting vote.

8.     Where the Council desires to obtain the advice of any person on any particular matter, the Council may co-opt a person

         who is not a member of the Councils for such purpose, and a person so co-opted shall take part in the deliberations of the

         Council but shall not be entitled to vote nor count towards a quorum at a meeting of the Council.

9.      Any business which the Council may perform, except such as has to be placed  before an extraordinary meeting of the

         Council summoned under paragraph 3(2) of this schedule, or which relates to the making, amendment and revocation of

          bye-laws,may be carried out by circulations among all the members respectively of the Council, and approval by members

        signing shall be as effective and binding as if such a resolution had been passed at a meeting of the Council, provided that at

        least the number of members .

 

 

10943[CAP. 272   National Productivity Centre Act    

                                      

constituting the quorum of the Council respectively record their views non the matter.

 

10.      Subject to the provisions of this Act, the Council may make standing orders regulating its own proceedings; and without

            prejudice to the foregoing, the Council may make standing orders regulating

(a)        the proper conduct of the Council’s meeting;

(b)        the method of entering into and execution of contracts by the

            Centre;

( c)       the signification of cheques, instruments and other documents

            by the Centre; and

(d)              the recording and custody of minutes of proceedings of the

            Council;

(e)               the custody of the common seal of the Centre; and

(f)               the procedure at meetings of a committee of the Council

 

11.  (1) Any contract or instrument which if entered into or executed by a person (not being a body corporate) would not

             be required to be under seal may be entered into or executed on behalf of the Centre by any person specially or generally

             authorized in that behalf by the Council

       (2)  Any member of the Council or of a committee thereof who has a personal interest in any contract or arrangement entered

             into or proposed to be considered by the Council or any of its committees shall forthwith disclose his interest to the body concerned

             and shall not take part in the proceedings or vote on any question relating to the contract or arrangement.

 

12. (1)  The common seal of the Centre shall not be affixed to any document except in pursuance of a resolution duly passed at a

             properly constituted meeting of the Council and recorded in the minutes of that meeting of the Council

      (2) The fixing of the Centre’s seal shall be authenticated by the signature of the Chairman of the Council or other member

             authorized in that behalf by the Council and the signature of the Director-General or any other staff of the Centre.