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ARRANGEMENT OF SECTIONS
KADUNA STATE AIDS CONTROL AGENCY (KADASCA) LAW
A LAW TO SUBSTITUTE THE KADUNA STATE AIDS CONTROL AGENCY (KADASCA) LAW NO. 6 OF 2007
Commencement [20th February, 2018]
BE IT ENACTED by the House of Assembly of Kaduna State as follows:
PART 1 – PRELIMINARY
“Board” means the Governing Board established under Section 7 of this Law;
“Government” means the Government of Kaduna State;
“Governor” means the Governor of Kaduna State;
“HIV and AIDS” means Human Immune Deficiency Virus and Acquired Immune Deficiency Syndrome;
“KADSACA” means the Kaduna State AIDS Control Agency; and
“Member” includes the Chairman
PART II – ESTABLISHMENT AND FUNCTIONS OF THE AGENCY
Establishment of the Agency
(2) The Agency shall be a body corporate with perpetual succession having a common seal and may sue or be sued in its corporate name.
Functions of the Agency
(a) Design, coordinate, control and implement, in collaboration with the stakeholder, the State Action Plans for the prevention and control of the HIV and AIDS programme;
(b) Support the State Antiretoviral Therapy (ART) programme;
(c) Design and prosecute an intense multi-sectorial approach to HIV and AIDS prevention and control;
(d) Provide technical support to the planning, implementation and management of HIV and AIDS response;
(e) Provide necessary support to other stakeholders in their efforts to prevent and control HIV and AIDS;
(f) Promote and coordinate operational research on intervention strategies;
(g) Encourage multi disciplinary collaboration and network among all stakeholders including the civil society organizations, Faith Based Groups, Traditional Institutions and Private Sectors against HIV and AIDS; and
(h) Organize training of personnel involved in the control and prevention of HIV and AIDS in the State.
Powers of the Agency
(b) Enter into partnership with the relevant establishments (Public/Private) within and outside Nigeria in pursuance of the functions of the Agency;
(c) Carry out Resource Mobilization and other activities as are necessary or expedient for the performance of its functions under this Law;
(d) Open and operate ordinary and domiciliary account for the Agency in recognized banking institutions in Nigeria;
(e) Assess from time to time research on HIV and AIDS response to ascertain their suitability with ethical clearance;
(f) Assess from time to time consultancy, training and advocacy programme on HIV and AIDS conducted by various institutions with a view to:
(i) Ascertaining their suitability and;
(ii) Offer them such assistance either alone or in co-operation with other related bodies as may improve the contents and quality of their work
ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE GOVERNING BOARD
Establishment and Composition of the Board
(a) The Commissioner for Health and Human Services matters as Chairman;
(b) One representative each of the Ministries for:
(ii) Women Affairs and Social Development; and
(iii) Rural and Community Development;
(c) One representative of the Local Government Council Chairmen from each of the three Senatorial Districts of the State;
(d) Representative of the Barau Dikko Teaching Hospital;
(e) One representative of the International Development Partners;
(f) One representative from each of the following bodies:
(i) Network of People living with HIV and AIDS in Nigeria (NEPWHAN)
(ii) Civil Society Network on HIV and AIDS (CISHAN)
(iii) Youth Network on HIV and AIDS, Population and Development in Nigeria (NYNETHA)
(iv) Nigeria Medical Association (NMA)
(g) The Executive Secretary shall serve as Member/Secretary to the Board.
Functions of the Board
(a) Determine the overall policies of the Agency, including its financial and operational procedures and ensure the effective implementation of the policies.
(b) Establish Committees as may be expedient, which shall be charged with specific functions or as may be delegated by the Board.
(c) Ratify appointments, promotions and discipline of the employees of the Agency.
(d) Subject to such conditions as it may impose, delegate any of its functions under this Law to any of its committees, provided that nothing in this section shall prevent the Board from performing or exercising any of the functions and powers so delegated.
(e) Carry out such other activities, which are connected with its other functions, or as may be assigned to it by the Governor.
Appointment of Members
(a) A member shall hold office for a period of 4 years on such terms and conditions as may be specified in his or her letter of appointment; and
(b) May be re-appointed for one further and final term of 4 years.
Removal of Member
Cessation of Membership
(a) he resigns his appointment of the Board by notice, under his hand addressed to the Governor;
(b) he becomes of unsound mind;
(c) he becomes bankrupt or makes a Compromise with Creditors;
(d) he is Convicted of a felony or any offence involving dishonesty or Corruption;
(e) in the case of a person possessing a professional qualification, he is disqualified by a Competent Authority
(f) in the case of a person who becomes a member by virtue of the office he occupies, he ceases to hold such Office.
(2) The Board shall meet at least once every quarter
Power to Co-opt
Validity of proceedings
(a) any vacancy in the proceedings of the Board
(b) any defect in the appointment of a member; or
(c) reason that a person not entitled to do so, took part in the proceedings.
MANAGEMENT AND STAFF OF THE AGENCY
(a) The Chief Executive and Accounting Officer of the Agency.
(b) Responsible for the day to day management of the Agency, keeping of the books and records of the Board.
(2) The Executive Secretary shall hold office for a period of 4 years and may be reappointed for a further period of 4 years.
Appointment of other staff of the Agency
(2) The terms and conditions of the service (including remuneration, allowances, benefits and pension) of officers and employees of the Agency shall be determined by the Board on the recommendation of the State Civil Service Commission.
(3) The Staff of the Agency shall be civil servants and their appointments shall be governed by the terms and conditions generally applicable to the public service of the State.
Service in the Agency
Exclusion of payment of pension
(2) The fund shall consist of subventions made to it by the State Government and all other sums that may accrue to the Agency by way of grants, gifts, donations;
(3) Such sums as may be appropriated to it by the State House of Assembly; and
(4) All other sums which may in any manner become payable to the Agency in respect of any matter incidental to its powers or functions under this Law.
Application of funds
(a) The cost of Administration of the Agency;
(b) The payment of salaries, fees, remunerations, allowances and pensions payable to staff of the Agency;
(c) Publicize and promote the activities of the Agency;
(d) Train the staff of the Agency;
(e) Conduct research activities relating to HIV and AIDS; and
(f) Finance all its activities in line with its functions under this Law.
Acceptance of gifts
(2) The Agency shall not accept any gifts if the conditions attached by the person or organization making the gifts are inconsistent with the functions of the Agency under this Law.
Audit and account of the Agency
Directions by the Governor
(a) The cause of action;
(b) The particulars of claim; and
(c) The relief(s) claimed.
Legal proceedings Immunity
DATED AT KADUNA this 20th day of February, 2018.
MALAM NASIR AHMED EL-RUFA’I, OFR
Governor, Kaduna State.
(This note does not form part of this Law and has no legal effect)
The purpose of this Law is to establish the Kaduna State AIDS Control Agency (KADSACA) with the State Council on AIDS to give political direction and ensure full implementation of the function of the Agency.
This printed impression has been carefully compared with the Bill which has passed the Kaduna State House of Assembly and found to be true and correctly printed copy of the said Bill.
HON. AMINU ABDULLAHI SHAGALI BELLO ZUBAIRU IDRIS Esq.
(Speaker) (Clerk to the Legislature)