NIGERIAN FILM CORPORATION ACT

197915 sectionsFederal Republic of Nigeria

Section 1: Establishment of Nigerian Film Corporation.

(1)
There is hereby established a body to be known as the Nigerian Film Corporation (in this Act referred to as "the Corporation") which shall have the functions conferred on it under or pursuant to this Act.
(2) The Corporation shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name.

Section 2: Membership and tenure of office

(1) The Corporation shall consist of a Chairman and the following other members to be appointed by the National Council of Ministers on the recommendation of the Minister, that is-
(a)
a representative of the Federal Ministry of Information and National Orientation;
(b)
a representative of the Federal Ministry of Education;
(c)
a representative of the Nigerian Television Authority;
(d)
one person to represent Nigerian women's interests;
(e)
three persons with requisite experience in-
(i) the performing arts;
(ii) the literary arts, and
(iii) commerce and industry;
(f) a representative of Nigerian film makers; and
(g) the General Manager of the Corporation.
(2) Subject to the provisions of this Act, a person appointed to be a member of the Corporation (not being an ex-officio member) shall hold office for a period of three years from the date of his appointment and shall be eligible for reappointment for one further period of three years.
(3) Any member (not being an ex-officio member) may resign his appointment by a letter addressed to the Minister and his resignation shall take effect on the date of receipt by the Minister of such letter.
(4)
Members of the Corporation (not being ex-officio members) shall be paid such remuneration and allowances in accordance with such scales as may be determined from time to time, by the President.
(5)
The supplementary provisions contained in the Schedule to this Act shall apply in relation to the proceedings of the Corporation and the other matters therein mentioned.
[Schedule.]

Section 3: Functions of the Corporation

The Corporation shall carry out the following functions, that is-
(a) the production of films for domestic consumption and for export;
(b) the establishment and maintenance of facilities for film production;
(c) the encouragement of production by Nigerians of films through financial and other forms of assistance;
(d) the encouragement of the development of cinematograph theatres by Nigerians by way of financial and other forms of assistance;
(e) the acquisition and distribution of films;
(f) the establishment and maintenance of national film archives;
(g) the provision of facilities for training and advancing the skills and talents of persons employed in the Nigerian film industry generally and the conduct of research into the matters pertaining to film production and the film industry as a whole; and
(h) the carrying out of such other activities as may be necessary or expedient for the full discharge of all or any of the functions conferred on it under or pursuant to this Act

Section 4: Power of the Minister to give directions.

The Minister may give to the Corporation 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 Corporation of its functions under this Act, and it shall be the duty of the Corporation to comply with such directions.

Section 5: Appointment of General Manager and other employees of the Corporation.

(1) There shall be an official of the Corporation to be known as the General Manager who shall be the chief executive officer of the Corporation and shall be responsible for the execution of the policy of the Corporation and its day-to-day business.
(2)
The General Manager shall be appointed by the Minister with the prior approval of the President.
(3) The Corporation shall appoint a Secretary who shall keep the records and conduct the correspondence of the Corporation and perform such other duties as the Corporation or the General Manager may from time to time direct.
(4) The Corporation may appoint such other employees and agents as it may deem necessary for the efficient performance of the functions conferred on it under or pursuant to this Act.

Section 6: Funds of the Corporation.

The Corporation shall establish a fund which shall consist of-(a) such sums as may be provided to it by the Government of the Federation for the running expenses of the Corporation;
(b) such sums as may from time to time be lent to the Corporation by any person;
(c) such sums as may be collected or received by the Corporation for services rendered by the Corporation
(d) subject to section 8 of this Act, all sums accruing to the Corporation by way of gifts, testamentary disposition and endowments or contributions from persons or philanthropic organisations;
(e) such sums as may be received by the Corporation from the Film Censorship Board; and
(f) all other assets from time to time accruing to the Corporation in the discharge of its functions under or pursuant to this Act.

Section 7: Expenditure of the Corporation

The Corporation may, from time to time apply the proceeds of the fund established in pursuance of section 6 of this Act-
(a) to the cost of administration of the Corporation
(b)
for reimbursing members of the Corporation or of any committees set up by the Corporation for such expenses as may be authorised by the Corporation and in accordance with the rates approved in that behalf by the President;
(c)
to the payment of salaries, fees or other remuneration or allowances and pensions, gratuities and other retiring benefits payable to the employees of the Corporation;
(d) for the maintenance of any property acquired or vested in the Corporation; and
(e) for and in connection with all or any of the functions of the Corporation under this Act.

Section 8: Power to accept gifts

(1)
The Corporation 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 gift.
(2)
The Corporation 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 Corporation.

Section 9: Borrowing power.

(1) Subject to subsection (2) of this section, the Corporation may, from time to time, borrow such sums as it may require in the discharge of its functions under this Act.
(2)
The Corporation shall not without the approval of the President borrow any sum of money whereby the amount in aggregate outstanding on any loan, or on all loans at anyone time, exceeds N250,000 or such other limit as the President may specify from time to time
(3) Notwithstanding subsection (2) of this section, a person lending money to the Corporation shall not be bound to enquire whether the borrowing is within the power of the Corporation or not

Section 10: Annual estimates accounts and audit.

(1) The Corporation shall submit to the Minister not later than 31st December in each financial year (or such other date as the Minister may appoint in respect of the first year of the existence of the Corporation) an estimate of its expenditure and income during the next succeeding financial year.
(2) The Corporation shall keep proper accounts and proper records in relation thereto and shall prepare in respect of each financial year a statement of acounts in such form as the Minister may direct.
(3)
The accounts of the Corporation shall be audited as soon as may be after the end of each financial year by auditors appointed by the Corporation, with the approval of the President, from the list and in accordance with the guidelines supplied by the Auditor-General of the Federation and the fees of the auditors and the expenses of the audit generally shall be paid from the funds of the Corporation.
(4)
Before appointing any auditor pursuant to subsection (3) of this section, the Corporation shall consult the Minister of Finance.

Section 11: Annual reports.

The Corporation shall, not later than 30th June in each year, submit to the Minister a report on the activities of the Corporation during the immediately preceding year and shall include in such report the audited accounts of the Corporation

Section 12: Staff regulations as to conditions of service of employees.

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

Section 13: General regulations.

The President may make regulations generally for the proper carrying into effect of the provisions of this Act and the due administration thereof.

Section 14: Interpretation.

In this Act, unless the context otherwise requires-
"Chairman" means the person appointed for the time being as the Chairman of the Corporation pursuant to section 2 of this Act;
"cinematograph" has the meaning assigned thereto by the Cinematograph Act;
"Corporation" means the Nigerian Film Corporation established pursuant to section 1 of this Act;
"General Manager" means the General Manager of the Corporation appointed pursuant to section 5 of this Act;
"member" means a member of the Corporation including the Chairman;
"Minister" means Minister charged with responsibility for information.

Section 15: Short title and commencement.

This Act may be cited as the Nigerian Film Corporation Act and shall come into force on such day as may be appointed by the Minister by order published in the Federal Gazette.