NATIONAL SUGAR DEVELOPMENT COUNCIL ACT

(1) There is hereby established a body to be known as the National Sugar Development Council (in this Act referred to as "the Council") which shall have the functions assigned to it by this Act.
(2) The Council shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.

(1) The Council shall consist of a chairman to be appointed by the President and the following other members to be appointed by the Minister on the recommendation of the bodies which they represent, that is-
(a) two representatives of sugar producers;
(b) one representative of the Food, Beverages and Tobacco Sectoral Group of the Manufacturers Association of Nigeria;
(c) one representative of the Nigerian Customs Service;
(d) one representative of the sugar outgrowers scheme;
(e) one representative of the sugar importers;
(f) one representative of the Federal Ministry of Industry responsible for Industry
(g) one representative each of Federal Ministry of-
(i) Agriculture and Rural Development; and
(ii) Water Resources.
(h) one representative of the Federal Ministry responsible for Finance and
(i) the executive secretary of the Council.
(2) 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 contained therein.

The functions of the Council shall be to-(a) to draw policy guidelines and action programmes on sugar development and implement approved policies on the development of the sugar sub-sector including the extant Nigerian Sugar Master Plan (NSMP)
(b) provide guidelines on the development of sugar estates and the organisation of the sugar cane out grower scheme to enhance the viability of sugar plants;
(c) to facilitate the availability of fund for sugar out-growers for land preparation and farm inputs in liaison with Federal, State and Local Government institutions and bodies
(d) to collaborate with and support the activities of Sugarcane and Sugar Research Development and Training Institutions and Centers towards the development of improved sugar technologies, sugarcane varieties and capacity development for the industry
(e) to advise on adoption of machinery, monitor and enforce sugar backward integration programmes and other processes for rapid sugar development
(f) to determine and recommend at appropriate intervals, raw and refined sugar import and export quota for operators who have signed on to an auditable Backward Integration Programme (BIP) with timelines with the targets set out in NSMP and
(g) set benchmark and regulate sugar imports and exports based on local sugar production and consumption projection and grant approvals for the establishment of new sugar industries, including refineries
(h) advise, based on improvements in local sugar production, the Government of the Federation on the rate of tariff to be charged on imported sugar; and
(i) consider and advise on any other matter which is aimed at enhancing the objectives of the Council.
(j) request and receive annual base line data and returns from relevant agencies and companies for planning purposes and determine and effect appropriate sanctions for non-compliance with set regulations and standard for the sugar industry.

(1) The Chairman and members of the Council other than ex-official members shall hold office for a term of four years, subject to renewal by the President, Commander-in-Chief, for one further term of four years and no more.
(2) Without prejudice to Sub-section (1) of this section, the Minister may appoint from among the members any person to act as the Chairman during the absence, temporary incapacitation by illness of the Chairman and the person so appointed shall, while the appointment subsists, have the same powers as exercised by the Chairman.

(1) There shall be recommendation by the President, an executive secretary who shall be the chief executive of the Council and shall be responsible to the Council and the chairman for the day-to-day administration of the Council.
(2) There may be appointed from time to time by the Council, such other staff as may be required for the purpose of the efficient performance of the functions of the Council and the staff appointed under this section shall be paid by the Council such remuneration and allowances as are payable to persons of equivalent grades in the public service of the Federation.
(3) The secretariat of the Council shall be located in the Federal Capital Territory, Abuja.

(1) The Council shall establish and maintain a Fund which shall be paid into a dedicated account domiciled in the Bank of Industry (BOI) and managed by the Council under Management Fund Agreement (MFA) with the bank towards the promotion of the objectives for which the Council is established.
(2) There shall be paid and credited to the account established pursuant to Sub-section (1) of this Section-
(a) at least ten percent surcharge of CIF value of raw and refined sugar imports
(b) consequent to the attainment of sugar self-sufficiency, surcharge of N100/50kg bag of Refined sugar and N5.00/litre of Ethanol produced by all operating sugar companies and mini-plants (above 500tcd).
(c) contributions from the organised private sector; and
(d) all sums accruing to the Council by way of gifts, testamentary disposition and endowments or contributions from philanthropic organisations or persons.
(e) funds appropriated by the National Assembly for specified purposes through the National Budget.

(1) The Council may, with the approval of the Minister, accept gifts of land, money or other property upon such terms and conditions if any, as may be specified by the person or organisation making the gift.
(2) The Council 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 Council.

(1) The Council may, with the consent of the Secretary or in accordance with any general guidelines as may be approved by the President, borrow by way of loan or overdraft from any source any money required by the Council for meeting its obligations and discharging its functions under this Act so however that where the sum or the aggregate of the sum involved at any one time does not exceed one third of the Council's income no such consent or authority shall be required.
(2) The Council 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 consent of the Secretary or in accordance with any general guidelines approved by the President.
(3) The Council may invest any surplus of the Council in such securities as may be approved by the President.

(1) The Council shall cause to be prepared not later than 30 October in each year, an estimate of the expenditure and income of the Council during the next succeeding year and when prepared they shall be submitted to the Minister.
(2) The Council shall cause to be kept proper accounts of the Council and proper records in relation thereto and when certified by the Council such accounts shall be audited as provided in subsection (3) of this section.
(3) The accounts of the Council shall be audited not later than six months after the end of the year to which the accounts relate by auditors appointed by the Council from the list and in accordance with the guidelines supplied by the Auditor-General for the Federation.

The Council shall, not later than 30 June in each year, submit to the Minister,who shall forward same to the National Assembly a report on the activities of the Council and its administration during the immediately preceding year and shall include in such report a copy of the audited accounts of the Council for that year and the auditor's report thereon.

(1) The Council may, subject to the provisions of this Act, make staff regulations relating generally to the conditions of service of the staff of the Council and without prejudice to the generality of the foregoing, such regulations may provide for-
(a) the appointment, promotion, termination, dismissal and disciplinary control of the staff of the Council; and
(b)
appeals by such staff against dismissal or other disciplinary measures,
and until such regulations are made, any instrument relating to the condition of service of the office in the civil service of the Federation shall be applicable with such modifications as may be necessary to the staff of the Council.
(2) Staff regulations made under subsection (1) of this section shall not have effect until approved by the Secretary, and when so approved the same shall not be published in the Federal but the Council shall cause them to be brought to the notice of all affected persons in such manner as it may, from time to time, determine.

Deleted
(Amended by Section 10 of the National Sugar Development Council (Amendment) Act, 2015)

Any summons, notice or other document required or authorized to be served upon the Council under the provisions of Act or any other enactment or law may be served by delivering the same to the Chairman or the Executive Secretary of the Council, or by sending it by registered post addressed to the Executive Secretary at the principal office of the Council.

Deleted
(Amended by Section 12 of the National Sugar Development Council (Amendment) Act, 2015)

The Secretary may make regulations generally for the purpose of giving effect to the provisions of this Act.

Subject to the provisions of this Act, the Minister may give the Council directives of a general nature or relating generally to matters of policy with regards to the exercise by the Council of its functions; and it shall be the duty of the Council to comply with such directives.

In this Act, unless the context otherwise requires-
"Council" means the National Sugar Development Council established by section 1 of this Act;
"chairman" means the chairman of the Council;
"member" means a member of the Council and includes the chairman;
"Minister" means the Minister charged with the responsibility for sugar development;
“President” means the President and Commander-in-Chief of the Armed Forces of Nigeria.

This Act may be cited as the National Sugar Development Council Act.