NASARAWA STATE PRIMARY HEALTH CARE DEVELOPMENT AGENCY LAW

Published by Law Nigeria Admin at 17th May 2019

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LAWS OF NASARAWA STATE OF NIGERIA

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NASARAWA STATE PRIMARY HEALTH CARE DEVELOPMENT AGENCY LAW

ARRANGEMENT OF SECTIONS

[Citation]
[Establishment]
[Objectives of the Agency]
[Powers and Functions of the Agency]
[Establishment of Nasarawa State Primary Health Care Development Agency Board]
[Tenure of Chairman]
[Functions of the Board]
[Board may delegate its powers]
[Secretary of the Board]
[Departments of the Agency]
[Funding of the Agency]
[Board to keep record of account]
[Meeting of the Board]
[Board may co-opt members]
[Power of Board to make Standing Orders]
[Validity of proceedings of the Agency]
[Voting at meetings of the Board]
[Liability of members of the Board]
[Common seal of the Agency]
[Pensions and Gratuity of staff of Agency]
[Power of Agency to make Regulations]
[Transition]
[Objective of the exercise of powers of the Agency]
[Interpretation]

NASARAWA STATE PRIMARY HEALTH CARE DEVELOPMENT AGENCY LAW

A LAW TO ESTABLISH THE NASARAWA STATE PRIMARY HEALTH CARE DEVELOPMENT AGENCY AND FOR RELATED MATTERS.

Enactment

BE IT ENACTED by the House of Assembly of Nasarawa State of Nigeria and by the authority of same as follows:

[Citation]

This Law may be cited as the Nasarawa State Primary Health Care Development Agency Law and shall come into operation on the 26th day of May 2009

[Establishment]

(1) There is established for the State body to be known as the Nasarawa State Primary Health Care Development Agency (hereinafter referred to as “the Agency”).

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

(3) The Governor may give to the Agency such directions as to the discharge by the Agency of its functions under this Law that appears to him to be necessary to ensure conformity by the Agency with the policy of Government and the Agency shall give effect to such directions

[Objectives of the Agency]

(1) The objectives of the Agency shall be:
To fast track the development of Primary Health care structure and services in the State.
To ensure equitable distribution of qualitative and standard health facilities in the State.
To ensure easy access to health care services by the people in the State at the grass root level.
To ensure an effective management of primary Health care in the State.

[Powers and Functions of the Agency]

The Powers and Functions of the Agency shall be:
To review the existing health policies particularly with regard to their relevance in the development of Primary Health Care and propose changes where necessary;
To take over and oversee the running of Comprehensive Health Centre, Primary Health Care facilities and such other facilities located in the State as may be determined by the Governor;
To study health plans for Primary Health Care at various levels to ensure their relevance to the National Health policy;
To promote and monitor the implementation of plans at various levels of the State Primary Health Care services;
To provide strategic technical support for the implementation of priority Primary Health Care components as may be required or introduce new components for integration;
To mobilize resources nationally and internationally for the development of Primary Health Care in support of the Agency’s programme;
To ensure effective implementation of all Primary Health Care activities as well as to ensure effective supervision and monitoring for the maintenance of minimum acceptable standard;
To ensure effective community participation in all Primary Health Care activities from conception to implementation state;
To strengthen referrals and linkages with other branches of the health sector especially in the area of maternal, child and reproductive healthcare as well as other ailments with a view to significantly reduce morbidity and mortality;
To develop effective programme for training and re-training of all primary Health care providers;
To encourage collaboration with other sectors at all levels in the development and support of Local Government Primary Health Care systems;
To provide and maintain all infrastructures and equipments as well as employ and discipline staff of such facilities under its direct supervision;
To do anything which in the opinion of the Board is designed to facilitate the carrying out of the activities of the Agency.

Establishment of Nasarawa State Primary Health Care Development Agency Board

(1) There is established for the Agency a Board to be known as the Nasarawa State Primary Health Care Development Agency Board.

(2) The Board shall consist of the following members:

An Executive Chairman who shall have relevant qualification and experience in Primary Health Care and four other members.
A member of Nigeria Medical Association (NMA);
A member of Pharmaceutical Society of Nigeria (PSN);
A member of Nursing and Midwifery Council of Nigeria;
A representative of All Local Government of Nigeria (ALGON);
A representative of Community Health Workers Association of Nigeria;
A representative of Ministry of Health;
A representative of Ministry for Local Government and Community Development;
A representative of Ministry of Justice who shall serve as legal Adviser; and
A representative of Medical and Health Workers Union of Nigeria(MHWUN)

(3) the members of the Board as contain in subsection 2(b)-(j) of this section shall serve as ex-officio members

(4) The Chairman shall be responsible for general management, execution of the policy and the day to day affairs of the Agency. 4

(5) The Chairman and members other than ex officio shall be appointed by the Governor;

(6) The Chairman and members other than ex officio members shall hold office for a period of four years from the date of appointment and shall be eligible for re-appointment for another second term only;

(7) The Chairman and members other than ex officio members shall be entitled to such remuneration as may from time to time be determined by the Governor;

[Tenure of Chairman]

(1) The Chairman shall cease to become member;
Upon his death; or
If under any Law in force in Nigeria he is found or declared to be of unsound mind or adjudged to be a lunatic; or
If by writing under his hand addressed to the Governor he vacates or resigns his seat; or
If he has been convicted and sentenced by a court of law for an offence involving dishonesty by whatever name called or any narcotics related offences or he has been found guilty of contravention of the Code of Conduct.

(2) Subject to the provision of sub-section (1), whenever the office of the Chairman or other members become vacant, any person appointed to fill the vacancy shall vacate the office at the expiration of the term of the person in whose place he is appointed.

[Functions of the Board]

The Board shall be responsible for:
The General policy and administration of the Agency including appointments, promotion and disciplinary control of the staff of the Agency and the management of its property and funds;
Making regulations for the appointment, promotion, discipline and transfer of staff of the Agency;

[Board may delegate its powers]

(1) The Board may, with the approval of the Governor, and subject to any condition it may consider necessary, delegate any of its powers under this Law to any of its members;

(2) In the exercise of any power under subsection (1, ) the person to whom the delegation is made shall comply with requirements or standards laid down by the Board, and nothing in this section shall preclude the Board from exercising the power, notwithstanding any delegation under this section.

[Secretary of the Board]

(1) There shall be for the Agency a Secretary who shall be appointed by the Governor and shall be responsible for:
Conducting the correspondence of the Agency;
Making arrangement for the meetings of the Agency;
Routine administrative matters of the Agency;
Carrying out any other function as the Board may direct.
Prepare the minutes of the Board or any of its committees,
Keep and secure the records of the Board and Management Committee

(2) The Secretary shall also serve as the Director of Administration of the Agency.

[Departments of the Agency]

10.(1) The Agency shall have the following departments:

Planning, Monitoring and Evaluation;
Pharmaceutical Services;
Primary Healthcare;
Works;
Epidemiology;
Finance and Accounts;
Administration;
Health Education;

(2) The Departments created under sub-section (1) of this section shall each be headed by a Director who shall be appointed by the Board or posted from the relevant Government Ministries on the request of the Board..

[Funding of the Agency]

(1) The Agency shall be funded by the Local Governments.

(2) The Agency shall source for funds from non-governmental organizations and other donor agencies 6

[Board to keep record of account]

(1) The Board shall keep proper record of account in relation to all transactions of the Agency.

(2) The Board shall at the end of each year submit to the Governor through the Commissioner an annual report of its activities for that financial Year, and shall include in such report a copy of the audited accounts of the Agency.

[Meeting of the Board]

(1) The Board may meet as the Chairman may direct, provided that the Board shall meet at least three times in a Year.

(2) The Secretary shall convene at the instance of the Chairman, meetings of the Board

(3) At any meeting of the Board, the Chairman shall preside and in his absence, the members present shall select one of their member to preside.

(4) At any meeting of the Board, the Chairman and seven other members shall form a quorum.

[Board may co-opt members]

Whenever upon any special occasion the Board or any Committee set up by the Board desires to obtain the advice of or any information from any person on any particular matter, such person may be co-opted as a member of a particular meeting save that the person so co-opted shall not be entitle to vote on any question or count towards a quorum.

[Power of Board to make Standing Orders]

(1) Subject to the provisions of this Law the Board or any sub-committee appointed by it may make standing orders not inconsistent with the provisions of this Law governing its procedure and in particular with regards to the holding of meetings, the procedure thereof and keeping of minutes thereof, the custody, production and inspection of such minutes, and the opening, keeping, closing and auditing of accounts.

[Validity of proceedings of the Agency]

The validity of any proceedings of the Agency shall not be affected by:
Any vacancy in its membership; or
Any defect in the appointment of a member; or
The fact that a person not entitled to do so took part in the proceedings of the Agency, as the case may be.

[Voting at meetings of the Board]

At a meeting of the Board, issues requiring a vote shall be determined by a majority of votes of the members present and in the case of any equal division of vote the Chairman shall have a second a casting vote.

[Liability of members of the Board]

A member shall not be personally liable for any act or omission or for any default of the Board as long as such act, omission or default is in the course of operation of the Board and is done in good faith.

[Common seal of the Agency]

The Common Seal of the Agency shall be authenticated by the signature of the Chairman or some other person as may be authorized by the Chairman.

[Pensions and Gratuity of staff of Agency]

The Agency may grant pension and gratuity to the staff of the Agency in accordance with the Pension Law operating in the State.

[Power of Agency to make Regulations]

Subject to the approval of the Governor, the Agency may make regulations for the purpose of carrying out its functions.

[Transition]

From the commencement of this Law;
Any matter concerning the appointment, promotion, discipline, transfer, retirement of Local Government Primary Health Care Coordinators which was being dealt with by the Local Government immediately before the commencement of this Law be transferred to the Agency; and
Any person who immediately before the commencement of this Law was appointment by the Local Government Service Commission to serve in any of the Local Government Primary Health Care Departments shall be deemed to have been appointed by the Agency pursuant to the provisions of this Law.

[Objective of the exercise of powers of the Agency]

The functions and powers of the Agency under this Law shall be exercised to promote and provide for responsive, result oriented and effective Primary Health Care Services in the State pursuant to the provisions of paragraph 2 (c) in the Fourth Schedule to the Constitution of the Federal republic of Nigeria, 1999.

[Interpretation]

In this Law

“Agency” Means the State Primary Health Care Development Agency established under Section 3 of this Law;

“Board” Means the State Primary Health Care Development Agency Governing Board established under Section 5 of this Law;

“Commissioner” Means the Commissioner of Health of the State;

“Governor” Means the Governor of the State;

“Local Government” Means the Local Governments in the State;

“Member” Means a person appointed under Section 6 (4) of this Law and includes ex-officio

“Ministry: Means the Ministry of Health of the State;

“State” Means Nasarawa state.

This printed impression has been carefully compared by me with the Bill, which has been passed by the Nasarawa State House of Assembly and is found by me to be true and correct copy of the Bill.

SULEIMAN ABDULLAHI MUHAMMAD
Ag. Clerk of the House
Nasarawa State House of Assembly

I ASSENTED THIS 26TH DAY OF MAY, 2009

ALHAJI ALIYU AKWE DOMA, OON, OOM
Executive Governor
Nasarawa State of Nigeria

Find other laws of Nasarawa State, Nigeria HERE