(4) Where there is hindrance to
the acquisition of property, the
property may be acquired for the
Centre under the State Property
and Contracts Act, 1960 (CA. 6)
or the State Lands Act, 1962
(Act 125) and the cost shall be
borne by the centre.
Object of the Centre
2.
The object of the Centre is to
serve as a centre of expertise
and excellence in urban
transportation and to facilitate
the conduct of research into
Urban transportation systems in
order to improve urban
transportation in the country.
Functions of the Centre
3.
For the purpose of achieving its
object, the Centre shall
(a)
make recommendations on Urban
Transport Policy and Strategy
for the consideration of urban
transport policy makers, Urban
Transport Operators and managers
of the Urban Transport System;
(b)
provide innovative solutions to
urban transport problems; (c)
provide technical assistance
and knowledge on urban transport
to policy makers, regulators,
planners, operators and managers
of urban transport;
(d)
on request, build the capacity
of relevant stakeholders in all
urban transportation and related
issues;
(e)
provide information on
innovations, standards, policy
recommendations or schemes
developed by the Centre and
which may be applied to urban
transport policy, operations and
management, or to general
transportation or any other
relevant· aspect of public
policy formulation;
(j)
take relevant measures within
its mandate to draw the
attention of policy makers,
operators and managers of urban
transportation to the need to
take relevant multi-disciplinary
and multi-modal issues into
account in the development and
implementation of urban
transportation policy;
(g)
recommend appropriate
combination of traffic
engineering measures, management
and regulatory mechanisms of
public transport industry
including a Bus Rapid Transit
that may be implemented in
appropriate urban areas;
(h)
promote environrnentally
sustainable modes of transport
and lowering of transport
related Green House Gas
emissions along transport
corridors and urban areas;
(z)
initiate, conduct and support
research to improve urban
transportation;
(j)
collect, collate, analyse and
disseminate up-to-date
information on urban transport
and issue guidelines on how
recommendations of the Centre
may be applied by persons and
entities in the public and
private sector;
(k)
keep a database of persons and
entities that the Centre may
liaise and work with in the
performance of its function;
(I)
identify specific research and
other projects of relevance to
urban transport and make the
necessary recommendation to
government and other relevant
agencies;
(m)
initiate, organise and
participate in promotional
activities including
exhibitions, conferences and
seminars for the stimulation of
discussions, the acquisition or
dissemination of knowledge on
specific urban transport issues;
(11)
collaborate with District
Assemblies, transport operators,
policy makers, Ministries,
Departments and Agencies and any
other entity concerned with
Urban Transport;
(0)
keep a data base of
technological applications
relating to urban transport and
recommend appropriate
technologies that may be adopted
in this country;
(p)
on request and subject to an
appropriate contract, monitor,
evaluate and audit the
implementation of government
policies on urban transport to
assess the effectiveness of
those policies;
(q)
encourage co-ordinated
employment of modern urban
strategies;
(r)
encourage and promote the
commercialization of research
results;
(5)
undertake or collaborate in the
collation, publication and
dissemination of the results of
research and other useful
technical information;
(u)
promote human resource
development in relation to urban
transport and to encourage the
training of urban transport
personnel and research workers
through the provision of grants
and fellowships;
(v)
establish relationships and
collaborate with
(i) relevant research
institutions, international and
local organisations,
universities, and the private
sector that have objectives
similar to the object of the
Centre; and
(ii) other urban transportation
organisations for the sharing of
experiences, knowledge and
lessons among others;
(w)
provide consultancy services and
technical support services for a
fee;
(x) monitor and ensure the
performance of public bodies,
agencies and organisations in
relation to the use of services
received from the Centre; and
(y)
perform any other function
necessary for the attainment of
the object of the Centre
Governing Body of the Centre
4.
(1) The governing body of the
Centre is a Board consisting of
(a)
a chairperson who shall be a
person with considerable
knowledge of urban transport and
who is not employed in the
public service;
(b)
one representative each, not
below the rank of director of
the Ministry responsible for: (i)
Roads;
(ii) Transport;
(iii) Local Government; and (iv)
Environment;
(c)
one representative each of the
(i) Drivers and Vehicle
Licensing Authority;
(ii) National Development
Planning Commission; and (iii)
National Road Safety Commission;
(d)
one person appointed from an
accredited tertiary institution
that offers a programme in urban
transportation;
(e)
two persons with experience in
urban transportation or
municipal engineering from the
private sector;
(f)
one person representing urban
transport operators, selected in
consultation with urban
transp0l1 operators; and
(g) the Chief Executive officer
of the Centre.
(2) The Chairman and other
members of the Board shall be
appointed by the President of
the Republic in accordance with
article 70 of the Constitution.
Functions of the Board
5.
(1) The Board shall ensure the
proper and effective performance
of the functions of the Centre,
(2) Without limiting subsection
(1), the Board shall
(a)
approve the annual operating
plan and budget of the Centre;
(b) review the quarterly
performance of the Centre
including
the statement of account;
(c)
ensure cooperation and
coordination with stakeholders;
(d)
recommend remuneration of the
staff of the Centre; and (e)
institute measures to
facilitate the effectiveness of
the Centre and the attainment of
its object.
Tenure of Office
6.
(1) A member of the Board shall
hold office for a period not
exceeding three years and is
eligible for re-appointment but
a member shall not be appointed
for more than two terms"
(2) Subsection (1) does not
apply to the Chief Executive
Officer of the Centre.
(3) A member of the Board may at
any time resign from office in
writing addressed to the
President through the Minister.
(4) A member of the Board, other
than the Chief Executive Officer
of the Centre, who is absent
from three consecutive meetings
of the Board without sufficient
cause ceases to be a member of
the Board.
(5) The President may by letter
addressed to a member revoke the
appointment of that member.
(6) Where a member of the Board
is, for sufficient reason,
unable to act as a member, the
Minister shall determine whether
the inability would result in
the declaration of vacancy.
(7) Where there is a vacancy
(a)
under subsection (3), (4), (5)
or section 8 (2), or
(b)
as a result of a declaration
under subsection (6,) or
(c)
by reason of the death of a
member, the minister shall
notify the President of the
vacancy and the President shall
appoint a person to fill the
vacancy.
Meetings of the Board
7. (1) The Board shall meet at
least once every three months
for the despatch of business at
the times and places determined
by the chairperson.
(2) The chairperson shall at the
request in writing of not less
than one third of the membership
of the Board, within 7 days,
convene an extraordinary meeting
of the Board at the place and
time determined by the
chairperson.
(3) The quorum at a meeting of
the Board is seven members of
the Board or a greater number
determine by the Board in
respect of an important matter.
(4) The chairperson shall
preside at meetings of the Board
and in the absence of the
chairperson, a member of the
Board elected by the members
present from among their number
shall preside.
(5) Matters before the Board
shall be decided by a majority
of the members present and
voting and in the event of
equality of votes, the person
presiding shall have a casting
vote.
(6) The Board may co-opt a
person to attend a Board meeting
but that person shall have no
voting right.
(7) The proceedings of the board
shall not be invalidated by
reason of a vacancy among the
members or a defect in the
appointment or qualification of
a member.
(8) Subject to this section, the
Board may determine the
procedure for the meetings of
the Board.
Disclosure of interest
8. (1) A member of the Board who
has an interest in a matter for
consideration by the Board shall
disclose in writing the nature
~f that interest and is
disqualified from participating
in the deliberations of the
Board in respect of that matter.
(2) A member who contravenes
subsection (1) ceases to be a
member
Establishment of Committees
9.
(1) The Board may establish
committees consisting of members
of the Board or non-members or
both to perform a function.
(2) A committee of the Board may
be chaired by a member of the
Board.
(3) Section 8 applies to members
of committees of the Board.
Allowances
10.
Members of the Board and members
of a committee of the Board
shall be paid allowances
approved by the Minister in
consultation with the Minister
responsible for Finance.
Administration and Finance
Administration and Divisions of
the Centre
11.
(1) The Board may establish
divisions or units it considers
necessary for the effective
performance of the functions and
the administration of the
Centre.
(2) Subject to subsection (1),
the Centre may have the
following
divisions:
(a)
Technical Support;
(b)
Capacity Development;
(c)
Urban Transport Policy Delivery;
(d)
Finance and Administration; and
(e)
Monitoring and Evaluation.
(3) There shall be appointed for
each division a Director and for
a Unit a Head.
(4) Each director or head shall
be responsible for the
management of the division or
unit and shall answer to the
Chief Executive Officer. (5)
Qualifications for the
appointment as director shall be
determined by the Board.
(6) The staff strength, duties
and functions of each division
or unit shall be determined by
the Board on the recommendation
of the Chief Executive Officer.
(7) A regional or district
office of the centre shall be
provided with public officers
that the President shall appoint
in accordance with article 195
of the Constitution.
(8) A regional or district
office of the Centre shall
perform the functions of the
Centre in the region or district
that the Board may direct.
Ministerial responsibility and
directives
12.
The Ministry of Local Government
and Rural Development shall have
ministerial responsibility for
the Centre and the Minister may
give directives to the Board on
matters of policy and the Board
shall comply.
Chief Executive Officer
13. (1) The President in
accordance with article 195 of
the Constitution shall appoint a
person who has the requisite
qualifications, experience and
skills for the performance of
the functions of the Centre as
the Chief Executive Officer of
the Centre.
(2) The Chief Executive Officer
shall hold office
(a)
on the terms and conditions
specified in the letter of
appointment; and
(b)
for a term of not more than four
years but is eligible for
reappointment.
Functions of the Chief Executive
Officer
14.
(1) The Chief Executive Officer
is responsible for the day to
day administration of the Centre
and is answerable to the Board
for the performance of the
functions under this Act.
(2) Without limiting subsection
(1), the Chief Executive Officer
(a)
direct and coordinate the work
of the Centre;
(b)
with the assistance of the
directors of the divisions or
heads units draw up the
implementation plans, budget and
programme of activities of the
Centre for the approval of the
Board;
(c)
collaborate with other
stakeholders to ensure that the
objectives of the Centre are
achieved;
(d)
assist the Board to appraise the
performance contracts of other
management staff of the Centre;
and
(e)
perform other functions
determined by the Board as
necessary for the achievement of
the objective of the Centre.
(3) The Chief Executive Officer
may delegate a function to an
officer of the Centre but shall
not bE; relieved from the
ultimate responsibility for
performance of the delegated
function.
Performance Contracts
15.
The Board may enter into
performance contracts with the
Chief Executive Officer and
other managerial staff of the
Centre
Secretary of the Centre
16.
(1) The President in accordance
with the article 195 of the
Constitution shall appoint a
Secretary of the Board of the
Centre.