CROSS RIVER – ESSENTIAL DRUGS PROGRAMME LAW

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LAWS OF CROSS RIVER STATE

CHAPTER E8

ESSENTIAL DRUGS PROGRAMME LAW

ARRANGEMENT OF SECTIONS

PART 1

Establishment of the Programme

SECTION

  1. Establishment of the Programme.
  2. Functions of the Programme.
  3. Steering Committee.
  4. Functions of the Steering Committee.
  5. Standing Committees.
  6. Management Committee.
  7. Functions of the Management Committee.

PART II

Staff of the Programme

  1. Programme Manager.
  2. Other staff.
  3. Pension and gratuity.

PART III

Financial Provisions

  1. Funds.
  2. Supply of drugs for Seedstock.
  3. Offence of diverting.
  4. Audit account.
  5. Borrowing powers.
  6. Investment.
  7. Bank accounts.
  8. Budgetary provisions.
  9. Estimates.

PART IV

Meetings

  1. Convening of meetings.
  2. Presiding at meetings.
  3. Quorum.
  4. Co-opting of member.

SECTION

  1. Validity of proceedings.
  2. Standing orders.
  3. Common Seal.
  4. Representation in Court.
  5. Directions.
  6. Regulations.
  7. Interpretation.
  8. Short title.

CHAPTER E8

ESSENTIAL DRUGS PROGRAMME LAW

A Law to make provisions for the establishment of the Essential Drugs Programme and for matters connected therewith.

(2nd December, 2002)

[Commencement.]

PART 1

  1. Establishment of the Programme

(1)     There is hereby established a programme to be known as the Cross River State Essential Drugs Programme.

(2)     The Programme shall be a body corporate with perpetual succession and a common seal and shall have power to sue and be sued in its corporate name and to own, hold and dispose of property whether movable or immovable.

  1. Functions of Programme

The Programme shall—

(a)     develop and provide an affordable and sustainable supply of safe and effective pharmaceuticals;

(b)     promote the rational use of drugs by the public;

(c)     strengthen institutional capacities at the State and Local Government levels to support the programme activities;

(d)     introduce cost recovery mechanisms and drug revolving funds for self-financing;

(e)     improve local capability in drugs manufacturing;

(f)      ensure that essential drugs are available to the entire population of the State;

(g)     ensure that available drugs are safe, effective, accessible and affordable at all levels of health care; and

(h)     create and sustain awareness on Essential Drugs Programme services and components at the State and local government levels.

  1. Steering Committee

(1)     The programme shall have a governing body to be known as the Steering Committee.

(2)     The Steering Committee shall consist of—

(a)     the Commissioner for Health who shall be the Chairman;

(b)     the Attorney-General and Commissioner for Justice or his representative;

(c)     the Commissioner for Finance or his representative;

(d)     the Permanent Secretary, Ministry of Health;

(e)     the Director Pharmaceutical Services, Ministry of Health;

(f)      the Programme Manager; and

(g)     a representative of the Pharmaceutical Society of Nigeria.

  1. Functions of Steering Committee

The Steering Committee shall—

(a)     articulate and formulate policies for the Programme;

(b)     establish such organisational structure as may be required for carrying out the functions of the programme;

(c)     constitute committees as may be necessary for the carrying out of its functions and delegate to those committees such functions and powers as it deems necessary.

  1. Standing Committees

The Steering Committee may appoint standing or ad hoc Committees as the case may be, to perform on its behalf such of its functions as it may determine but no decision of such Committee shall take effect until it has been ratified by the Steering Committee.

  1. Management Committee

There shall be constituted a Management Committee which shall comprise—

(a)     Programme Manager;

(b)     Director Administration;

(c)     Financial Controller;

(d)     Procurement Officer;

(e)     Information, Education and Communication Co-ordinator;

(f)      Head of Internal Audit; and

(g)     Monitoring and Evaluation Officer.

  1. Functions of the Management Committee

The Management Committee shall—

(a)     develop and implement work plans as may be approved by the Steering Committee from time to time;

(b)     appoint such contractors, agents, staff and other persons as may be required for carrying out the functions of the programme;

(c)     appoint, promote, control and discipline the staff of the programme.

PART II

Staff of the Programme

  1. Programme Manager

(1)     There shall be a Programme Manager who shall be a registered Pharmacist of not less than ten years working experience within the public service and shall be appointed by the Governor.

(2)     The Programme Manager shall—

(a)     be the Chief Executive and Accounting Officer of the Programme; and

(b)     be responsible for the day-to-day management of the affairs of the Programme.

  1. Other staff

The staff of the Programme who shall be civil servants shall be subject to the Cross River State Civil Service Rules and Regulations in matters relating to appointment, promotions, discipline, control and training.

  1. Pension and gratuity

It is hereby stipulated that the Service in the Programme is a scheduled service and shall be deemed to be pensionable under the Pensions Law, 1987 or re-enactment or modification thereof and employees of the Programme shall therefore be entitled to pensions, gratuities and other retirement benefits as prescribed in the said Law.

PART III

Financial Provisions

  1. Funds

The funds of the Programme shall consist of—

(a)     such sums of monies as may be budgeted for the Programme by the State Government;

(b)     seed stock contribution of ₦500,000 each from every Local Government Area of the State;

(c)     such revenue as the Programme may derive from its charges, investments and services; and

(d)     such sums which may accrue to the Programme from its assets or any other source whatsoever.

  1. Supply of drugs for seed stock

(1)      For the seed stock contribution of five hundred thousand naira (₦500,000), drugs worth the same amount shall be supplied to every Essential Drug Store in the Local Government Areas.

(2)     The Local Government Areas Essential Drug Stores shall make their drugs purchases from the State Central Drug Store, except where such drugs as are needed are confirmed not available at the State Central Store by the Programme Manager.

  1. Offence of diverting

Anyone who diverts moneys from Essential Drugs Fund Accounts either at the State or Local Government levels for the purchase of essential drugs thereby commits an offence and shall on conviction be liable to two (2) years imprisonment without option of fine.

  1. Audit account

(1)     The Programme shall keep proper books of accounts and records in relation to its income and expenditure and shall prepare in respect of each financial year, a Statement of Accounts for each year.

(2)     The Programme shall at the end of its financial year cause its accounts to be audited by an External Auditor to be appointed by the State Auditor-General.

(3)     The Auditor of the Programme, shall, on completion of the audit of the accounts of the Programme for each year, prepare and submit to the Auditor-General of the State—

(a)     a general report setting out the observation and recommendation of the Auditor of the financial affairs of the Programme for that year; and

(b)     a report on any important matter which the Auditor may consider necessary to bring to the notice of the Programme.

(4)     The Programme shall as soon as may be after the end of each financial year submit to the Governor—

(a)     a report of its activities for the financial year; and

(b)     the profit and loss account of the programme including its balance sheet for the financial year.

  1. Borrowing powers

The Programme may, subject to such terms and conditions as may be approved by the Governor, borrow such moneys as it may from time to time require for the performance of its functions under this Law.

  1. Investment

The Programme may, subject to such terms and conditions as may be approved by the Governor—

(a)     invest any sums standing to its credit in viable securities; and

(b)     dispose of such securities as and when the need arises.

  1. Bank accounts

(1)     The Programme shall keep and operate bank accounts in reputable banks and all moneys received on behalf of the Programme shall be paid into such accounts.

(2)     No withdrawal shall be made from the Programme’s bank account unless the cheque or other instrument in respect of such withdrawal is signed by the Programme Manager and the Financial Controller or such other persons as the Steering Committee may from time to time in that behalf authorise.

  1. Budgetary provisions

The Programme shall—

(a)     operate within normal budgetary allocations made to it; and

(b)     comply with budgetary and audit rules and regulations applicable in the State Civil Service.

  1. Estimates

The Programme shall not later than the 31st day of October in each year, submit to the Governor estimates of its revenue and expenditure for the next succeeding financial year.

PART IV

Meetings

  1. Convening of meetings

(1)     The Steering Committee may on such date and at such time and place as the Chairman may decide, hold any meeting for the transaction of its business: Provided that meetings of the Board shall be held at least once every three months.

(2)     The Chairman may at any time on his own motion and shall upon the requisition of any four members, convene a meeting of the Steering Committee to transact any business specified in the notice of such meeting.

  1. Presiding at meetings

(1)     The Chairman shall preside at any meeting of the Steering Committee and in his absence, the members present shall elect one of their number to preside at such meeting.

(2)     The member presiding at such meeting shall have a second or casting vote.

  1. Quorum

A meeting of the Steering Committee shall not proceed to business unless there is a quorum present and four members present at such meeting shall form a quorum.

  1. Co-opting of member

Where upon any occasion, the Steering Committee desires to obtain the advice of any person on any particular matter, the Steering Committee may co-opt such person to be a member for such meeting as it may deem fit and such person shall have the powers and privileges of a member except that he shall not be entitled to vote on any question or count towards the quorum.

  1. Validity of proceedings

The validity of any proceedings of the Steering Committee shall not be affected by any defect in the appointment of any member or the absence of any member or any vacancy in the membership of the Steering Committee, or by reason that a person not entitled so to do has taken part in such proceedings.

  1. Standing orders

The Steering Committee may make standing orders to regulate its proceedings and those of its committees.

  1. Common Seal

(1)     The Common Seal of the Steering Committee shall not be used or affixed to any Document except in pursuance of a resolution of the Steering Committee duly recorded in the minutes of such meeting.

(2)     The fixing of the Common Seal of the Programme shall be authenticated by the signatures of the Chairman and the Programme Manager or the signatures of any member generally or specifically authorised in that behalf by the Steering Committee.

(3)     Any contract or instrument which would not be required to be under seal if entered into or executed by a person, may be entered into or executed as the case may be, on behalf of the Steering Committee by any person generally or specifically authorised in that behalf, by the Steering Committee.

(4)     Any document purporting to be a document duly executed under the Common Seal of the Programme shall be received in evidence and shall unless the contrary is proved, be deemed to be so executed.

  1. Representation in Court

In any civil action or proceedings the Programme may at any time be represented in Court by a State Counsel or a Legal Practitioner nominated by the Attorney-General of the State.

  1. Directions

The Governor may give to the Programme directions of a special or general nature with respect to the performance by the Programme of its functions under this Law and the Programme shall comply with such directions.

  1. Regulations

The Steering Committee may make regulations for the carrying into effect of the provisions of this Law and without prejudice to the generality of the foregoing provisions, the Steering Committee may make regulations with respect to—

(a)     the appointment, promotion, transfer and discipline of the senior staff of the programme; and

(b)     the condition of service of the staff of the Programme.

  1. Interpretation

In this Law unless the context otherwise requires—

Chairman” means the Chairman of the Steering Committee; “Governor” means Governor of the State;

“Governor-in-Council” means Governor sitting in session with the Executive Council of the State;

“member” means member of the Steering Committee; “Programme” means the Cross River State Essential Drugs Programme;

“Programme Manager” means the Programme Manager of the Programme; “State” means Cross River State;

“Steering Committee” means the Steering Committee of the Programme established by section 2 of this Law.

  1. Short title

This Law may be cited as the Essential Drugs Programme Law.

CHAPTER E8

ESSENTIAL DRUGS PROGRAMME LAW

SUBSIDIARY LEGISLATION

No Subsidiary Legislation

 

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