POPULATION ACTIVITIES FUND ACT
CENTER FOR LAWS OF NIGERIA: FEDERAL LAWS
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LAWS OF THE FEDERATION OF NIGERIA
POPULATION ACTIVITIES FUND ACT
ARRANGEMENT OF SECTIONS
PART I – Establishment of the Population Activities Fund
- Establishment of the Population Activities Fund.
- Establishment and membership of the Governing Council of the Fund.
- Objectives of the Fund.
- Functions of the Council.
PART II – Establishment of the Population Research Fund
- Establishment and functions of the Population Research Fund.
- Establishment and membership of the Governing Board of the Research Fund.
PART III – Establishment of the Population Activities Fund Agency
- Establishment and functions of the Population Activities Fund Agency.
- Executive Director of the Agency.
PART IV – Financial provisions
- Expenditure of the Fund.
- Application of grants, etc.
- Borrowing power.
- Power to invest surplus money.
- Power to accept gifts.
- Exemption from tax.
- Annual estimates, account and audit.
- Annual report.
PART V – Miscellaneous
17. Power of Minister to give directives.
18. Regulations.
19. Interpretation.
20. Citation.
SCHEDULE
Supplementary provisions relating to the Council
POPULATION ACTIVITIES FUND ACT
An Act to establish the Population Activities Fund to provide grants to Federal and State Government agencies, local governments and non-governmental organisations for population related projects and for matters connected therewith.
[9th November, 1994] [Commencement.]
PART I – Establishment of the Population Activities Fund
- Establishment of the Population Activities Fund
(1) There is hereby established for the purpose of providing the Federal and State Government agencies, local governments and non-governmental organisations grants for population related projects a fund to be known as the Population Activities Fund (in this Act referred to as “the Fund”).
(2) The Fund established by subsection (1) of this section shall consist of
(a) the sum of U.S.$900,800,000, contributed as follows, that is-
(i) 84 per cent from the World Bank International Development Association totalling a sum of U.S.$760,800,000;
(ii) 16 per cent from the Federal Government of Nigeria totalling a sum of
U.S.$150,300,000; and
(b) such money as may be raised by way of contributions by the Governing Council of the Fund established by section 2 of this Act.
2. Establishment and membership of the Governing Council of the Fund
(1) There is hereby established for the purposes of the Fund a body to be known as the Governing Council of the Fund (in this Act referred to as “the Council”).
(2) The Council shall consist of the Minister as the chairman and the following other members, that is-
(a) the Minister of Education or his representative who shall be an officer not below the rank of a Director or its equivalent in the public service of the Federation;
(b) the Minister of Sports and Youth Development or his representative who shall be an officer not below the rank of a Director or its equivalent in the public service of the Federation;
(c) the Chief Executive of the National Planning Commission or his representative who shall be an officer not below the rank of a Director or its equivalent in the public service of the Federation;
(d) the chairman of the National Population Commission or his representative;
(e) the Director, Department of Population Activities of the Ministry;
(f) the Director, Planned Parenthood Federation of Nigeria;
(g) a representative of the National Consultative Group on Population for Development; and
(h) the Executive Director of the Agency.
(3) 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 therein mentioned.
- Objectives of the Fund
The objectives of the Fund shall be-
(a) the integration of family planning into maternal and child health system;
(b) the promotion of family planning through health education;
(c) the establishment of secondary centres for reproduction healthcare in specific States of the Federation;
(d) the establishment of research centres in specific teaching hospitals;
(e) the development of the population or family life education in primary schools;
(f) the establishment of population information units in the Federal Ministry of Information and Culture for the dissemination of population activities in Nigeria;
(g) the development of population education in the Nigerian Education Research and Development Council;
(h) the monitoring of demographic impact of the national population programme through a survey system;
(i) the integration of population activities into national development planning;
(j) the strengthening of capabilities of the Department of Population Activities in the Ministry;
(k) the carrying out of future population-related projects in accordance with the National Population Policy; and
(l) the carrying out of such other activities as are necessary and expedient for the purpose of achieving the objectives set out in this section of this Act.
- Functions of the Council
(1) Without prejudice to the generality of this Act, it shall be the responsibility of the Council to-
(a) formulate the overall policy of the Agency;
(b) appraise all project proposals of the Agency estimate to cost from
U.S.$100,000up to a maximum of U.S.$500,000;
(c) review and approve the annual budget for the Agency;
(d) mobilise additional financial and material resources for the successful implementation of the national population policy; and
(e) carry out such other activities as are necessary and expedient for the full discharge of any of the functions and duties conferred on the und or Agency by this Act.
PART II – Establishment of the Population Research Fun
- Establishment and functions of the Population Research Fund
There is hereby established for the purpose of conducting research into various areas of population, a Population Research Fund (in this Act referred to as “the Research Fund”).
- Establishment and membership of the Governing Board of the Research Fund
There is hereby established for the purposes of the Research Fund a Governing Board (in this Act referred to as “the Board”) which shall consist of the following, that is-
(a) the Minister, who shall be the chairman;
(b) the Director-General, Nigerian Institute of Social and Economic Research;
(c) the Director, Department of Population Activities of the Ministry;
(d) the Executive Director of the Planned Parenthood Federation of Nigeria;
(e) the Director of Research, National Population Commission;
(f) the Director of Research, National Planning Commission;
(g) one representative of the Federal Office of Statistics who shall be an officer not below the rank of a Director;
(h) the Executive Director of the Population Activities Fund Agency established by section 7 of this Act; and
(i) the Manager of the Research Fund.
PART III – Establishment of the Population Activities Fund Agency
- Establishment and functions of the Population Activities Fund Agency
(1) There is hereby established a body to be known as the Population Activities Fund Agency (in this Act referred to as “the Agency”) which shall be a body corporate with perpetual succession and may sue and be sued in its corporate name.
(2) The Agency shall be responsible for-
(a) receiving from the Federal Government such money as may be made available for purposes of population progammes and disburse the money to such bodies or organisations engaged in population activities in accordance with such formula as the Agency may prescribe from time to time;
(b) acting as the agency for channelling external aid into population programmes;
(c) liaising with and co-ordinating the activities of donors, multi-lateral and bi-lateral agencies and non-governmental organisations engaged in population activities;
(d) identifying, developing, appraising, monitoring and evaluating population related projects;
(e) Funding approved population projects and programmes;
(f) recommending appropriate materials and technical, financial and other support for the implementation of the national population policy;
(g) maintaining the now of materials needed for the effective management of population programmes through supply, logistics, inventory taking and related activities; and
(h) utilising the Fund, in general, on population related activities not otherwise stated in the provision of this Act.
- Executive Director of the Agency
(1) There shall be appointed by the President, on the recommendation of the Minister, an Executive Director for the Agency who shall have appropriate qualification and experience.
(2) The Executive Director shall be the chief executive and accounting officer of the Agency and shall be responsible to the Minister for the day-to-day management and operation of the Fund.
(3) The Executive Director shall hold office on such terms and conditions as may be specified in his letter of appointment and on such other terms as may be determined from time to time by the President on the recommendation of the Minister.
(4) Without prejudice to the generality of his functions specified under subsection (2) of this section, the Executive Director shall be responsible for-
(a) accounting for all moneys collected, paid or otherwise expended under this Act;
(b) the payment of all disbursements and expenses authorised by the Council under this Act;
(c) the carrying out of such other functions as may be assigned to him from time to time by the Council.
(5) The Agency may appoint such other employees as it may require to assist the Executive Director in the exercise of his functions under this Act.
(6) Employees of the Agency shall be public officers in the service of the government of the Federation within the meaning of the Constitution of the Federal Republic of Nigeria 1999.
(7) The remuneration and terms of office of the other employees of the Agency shall be determined by the Agency after consultation with the Minister.
PART IV – Financial provisions
- Expenditure of the Fund
(1) The Fund shall be applied towards the realisation of the objectives of this Act.
(2) There shall be paid and credited to the Fund established by this Act such grants, finances and advances as may be received from the Federal Government, the World Bank, other donor agencies or such other donations as may be acceptable to the Council and shall be applied-
(a) to the cost of administration of the Fund and the Agency;
(b) for reimbursing members of the Council or of any committee set up by the Council for such expenses as may be expressly authorised by the Council;
(c) for the payment of salaries, fees or other remuneration, allowances, pensions and gratuities payable to the employees of the Agency;
(d) for the maintenance of any property vested in the Agency; and
(e) for and in connection with all or any of its functions under this Act.
- Application of grants, etc.
(1) Grants, finances or advances made pursuant to this Act shall not be applied for any purpose other than the purpose for which the grant, finance or advance was made.
(2) Any person who applies any grant, finance or advance made pursuant to this Act in contravention of subsection (1) of this section is guilty of an offence and liable on conviction to a fine of an amount not less than the amount of such grant, finance or advance in respect of which the offence was committed or to imprisonment for a term of 5 years.
(3) Where an offence under this section is committed by a body corporate and it is proved to have been committed with the consent, connivance of, or attributable to any neglect on the part of the director, manager, secretary or other similar officer of the body corporate or a person purporting to act in such capacity, he, as well as the body corporate,
shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished as provided in subsection (2) of this section.
- Borrowing power
The Agency may, with the consent of or in accordance with the approval of the President, borrow by way of loan or overdraft from any source, money required by the Fund for meeting its obligations and discharging its functions under this Act.
- Power to invest surplus money
The Agency may, subject to the provisions of this Act and the conditions of any property, at any time, invest the surplus moneys of the Fund in such securities as may, from time to time, be approved by the Minister.
- Power to accept gifts
(1) The Agency 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 Agency shall not accept any gift if the conditions attached by the person or organisation making the gift are inconsistent with the objectives of the Fund under this Act.
- Exemption from tax
(1) The Agency shall be exempted from the payment of income tax on any income accruing from investments made by the Agency or otherwise howsoever.
(2) the provisions of any enactment relating to the taxation of companies or trust funds shall not apply to the Agency or the Fund.
- Annual estimates, account and audit
(1) The Agency shall cause to be prepared not later than 30 September in each year an estimate of the expenditure and income of the Fund during the next succeeding year and when prepared, they shall be submitted through the Minister to the President.
(2) The Agency shall cause to be kept proper accounts of the Fund and proper records in relation thereto and when certified by the Council, such accounts shall be audited by auditors appointed by the Agency from the list and in accordance with the guidelines supplied by the Auditor-General for the Federation.
- Annual report
The Agency shall not later than three months before the end of each year, submit to the Minister a report on the activities and the administration the Agency in relation to the Fund during the immediately preceding year and shall include in such reports the auditor’s reports thereon.
PART V – Miscellaneous
- Power of Minister to give directives
Subject to the provisions of this Act, the Minister may give to the Agency directives of a general nature with regard to the exercise by the Agency of its functions under this Act and it shall be the duty of the Agency to comply with the directives.
- Regulations
The Minister may make such regulations as he deems to be necessary or expedient for giving full effect to the provisions of this Act.
- Interpretation
In this Act, unless the context otherwise requires-
“Agency” means the Population Activities Fund Agency established by section 7 of this Act;
“Council” means the Governing Council of the Fund established by section 2 of this Act;
“Executive Director” means the Executive Director to the Fund appointed by section 8 of this Act;
“Fund” means the Population Activities Fund established by section 1 of this Act;
“Minister” means the Minister charged with the responsibility for matters relating to health; and “Ministry” shall be construed accordingly;
“Research Fund” means the Population Research Fund established by section 5 of this Act.
- Citation
This Act may be cited as the Population Activities Fund Act.
SCHEDULE
[Section 2 (3).]
Supplementary provisions relating to the Council
Proceedings of the Council
- 1. (1) Subject to this Act and section 27 of the Interpretation Act, the Council may make standing orders regulating its proceedings or those of any of its committees.
(2) The quorum of the Council shall be the chairman and three other members and the quorum of any committee of the Council shall be determined by the Council.
- (1) The Council shall meet not less than two times in each year and subject thereto, the Council shall meet whenever it is summoned by the chairman; and if the chairman is required to do so by notice given to him by not less than five other members, he shall summon a meeting of the Council to be held within fourteen days from the date on which the notice is given.
(2) At any meeting of the Council, the chairman shall preside, but if he is absent, the members present at the meeting shall appoint one of their number to preside at that meeting.
(3) Where the Council desires to obtain the advice of any person on a particular matter, the Council may co-opt him as a member for such period as it thinks fit; but a person who is a member by virtue of this sub-paragraph shall not be entitled to vote at any meeting of the Council and shall not count towards a quorum.
Committees
- 3. (1) The Council may appoint one or more committees to carry out, on behalf of the Council, such of its functions as the Council may determine.
(2) A committee appointed under this paragraph shall consist of such number of persons (not necessarily members of the Council) as may be determined by the Council, and a person other than a member of the Council shall hold office on the committee in accordance with the terms of his appointment.
(3) A decision of a committee of the Council shall be of no effect until it is confirmed by the Council.
Miscellaneous
- (1) The fixing of the seal of the Agency shall be authenticated by the signature of the Executive Director or of any other person authorised generally or specially to act for that purpose
by the Council.
(2) Any contact or instrument which, if made or executed by a person not being a body corporate, would not be required to be under seal, may be made or executed on behalf of the Agency by the Executive Director or any person generally or specially authorised to act for
that purpose by the Council.
(3) Any document purporting to be a document duly executed under the seal of the Agency shall be received in evidence and shall, unless and until the contrary is proved, be presumed to be so executed.
- 5. The validity of any proceeding of the Council or of a committee thereof shall not be adversely affected by any vacancy in the membership of the Council or committee, or by reason that a person not entitled to do so took part in the proceedings of the Council or committee.
SUBSIDIARY LEGISLATION
No Subsidiary Legislation
