KADUNA STATE AIDS CONTROL AGENCY (KADASCA) LAW

LAWS OF KADUNA STATE

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KADUNA STATE AIDS CONTROL AGENCY (KADASCA) LAW

ARRANGEMENT OF SECTIONS

Short title
Commencement
Interpretation
Establishment of the Agency
Functions of the Agency
Powers of the Agency
Establishment and Composition of the Board
Functions of the Board
Appointment of Members
Removal of Member
Cessation of Membership
Remuneration
Meetings
Quorum
Power to Co-opt
Validity of proceedings
Departments
Executive Secretary
Appointment of other staff of the Agency
Service in the Agency
Exclusion of payment of pension
Fund
Application of funds
Acceptance of gifts
Annual Estimate
Audit and account of the Agency
Investment
Directions by the Governor
Regulations
Seal
Evidence
Suit
Legal proceedings Immunity
Repeal

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

Short title

This Law may be cited as the Kaduna State AIDS Control Agency Law, 2018.

Commencement

This Law shall come into operation on the 20th day of February, 2018.

Interpretation

In this Law, unless the context otherwise requires:

“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

(1) There is hereby established an Agency to be known as the Kaduna State AIDS Control Agency (KADSACA).

(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

The functions of the Agency shall be to:

(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

The Agency shall have power to:

Demand and obtain relevant information, data and report on matters relating to the prevention and control of the Human Immune-Deficiency Virus and Acquired Immune Deficiency Syndrome from all stakeholders;

(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

PART III

ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE GOVERNING BOARD

Establishment and Composition of the Board

There is hereby established for the Agency a Governing Board which shall consist of:

(a) The Commissioner for Health and Human Services matters as Chairman;

(b) One representative each of the Ministries for:

(i) Youths;

(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

The Board shall:

(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

The Governor shall appoint the members of the Board.

(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

Notwithstanding the provisions of this Law, any member of the Board may at any time be removed from office by the Governor for inability to discharge the functions of his/her office arising from infirmity of mind or body or any other cause.

Cessation of Membership

A member of the Board shall cease to hold office as a member of the Board if:

(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.

Remuneration

A member of the Board shall be paid such emolument, allowances and benefits as the Governor may from time to time approve.

Meetings

(1) every meeting of the Board shall be presided over by the Chairman and his absence the members present shall elect one amongst them to preside at the meeting.

(2) The Board shall meet at least once every quarter

Quorum

The quorum at the meeting of the Board shall be a simple majority of the members of the Board.

Power to Co-opt

Where the Board desires to obtain advice or any special information from any person on any matter, the Board may co-opt such person as a member for a limited period, such person shall have the rights and privileges of a member but shall not be entitled to vote on any issue or count towards a quorum.

Validity of proceedings

The validity of the proceedings of the Board shall not be affected by:

(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.

PART IV

MANAGEMENT AND STAFF OF THE AGENCY

Departments

The Agency shall have such number of Departments as may be considered necessary for the due discharge of its functions.

Executive Secretary

(1) There shall be appointed for the Agency by the Governor, an Executive Secretary; who shall be:

(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

(1) The Board may from time to time appoint for the Agency such other staff as it may deem necessary.

(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

Service in the Agency shall be approved service for the purpose if the payment of pensions, and accordingly, Officers and other persons employed in the Agency, shall be entitled to pension and other retirement benefits as stipulated under the Pension Law, 2016.

Exclusion of payment of pension

Notwithstanding the provision of section 19 of this Law, the Agency may appoint a person to any office on the terms, which prelude the grant of person or retirement benefit.

PART V

FINANCIAL PROVISIONS

Fund

(1)The Agency shall establish and maintain a fund into which all monies accruing to it shall be credited and from which shall be defrayed all expenditure incurred by it.

(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

The Agency shall apply the funds at its disposal to:

(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

(1) The Agency may accept gifts of land, money or other property on such terms and conditions, if any, as may be specified by the person or organization making the gifts/donations.

(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.

Annual Estimate

The Board shall cause to be prepared and submit to the Commissioner, not later than 30th June of each year, an estimate of its expenditure and income for the succeeding year.

Audit and account of the Agency

The Board shall cause to be kept proper accounts of the Agency in respect of the year and proper records in relation thereto, and shall cause the accounts to be audited not later than 6 months after the end of each year by Auditors appointed in accordance with the guidelines approved by the Auditor-General of the State.

Investment

The Agency may, subject to the provisions of this Law and the condition of any trust created in respect of any property, invest all or any part of its securities as may from time to time be approved by the Board.

Directions by the Governor

The Governor may give to the Board such directions of a general or special nature in relation to the performance by the Agency of any or all its functions under this Law, and it shall be the duty of the Board to comply with such directives.

Regulations

The Board may with the approval of the Governor make such regulations as may be necessary or expedient for carrying into effect the provisions of this Law.

Seal

The fixing of the seal of the Agency shall be authenticated by the signature of the Chairman and Executive Secretary or any other officer of the Agency authorized in that behalf by the Board.

Evidence

Any document purporting to be contract instrument or other document signed or sealed on behalf of the Agency shall be received in evidence and unless the contrary is proved, be presumed without further proof to have been so signed or sealed.

Suit

No suit shall be commenced against the Agency before the expiration of a period of thirty (30) days after written notice of the intention to commence the suit shall have been served on the Executive Secretary by the intending claimant or his agent and the notice shall clearly and explicitly state:

(a) The cause of action;

(b) The particulars of claim; and

(c) The relief(s) claimed.

Legal proceedings Immunity

No member or staff of the Agency shall be sued in his personal capacity for any act or omission in the lawful performance of his duty under this Law.

Repeal

The Kaduna State of Aids Control Agency Law No. 6 of 2007 is hereby repealed.

DATED AT KADUNA this 20th day of February, 2018.

MALAM NASIR AHMED EL-RUFA’I, OFR
Governor, Kaduna State.

EXPLANATORY NOTE

(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)