NASARAWA STATE COMMUNITY AND SOCIAL DEVELOPMENT AGENCY LAW

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NASARAWA STATE COMMUNITY AND SOCIAL DEVELOPMENT AGENCY LAW

ARRANGEMENT OF SECTIONS

Citation and Commencement
Interpretation

PART I – OPERATION CHARACTERISITCS OF THE AGENCY

Characteristics of the Agency
Aims and objectives of the Agency
Functions of the Agency

PART II – THE ESTABLISHMENT AND PROCEEDINGS OF THE BOARD

Establishment and proceedings of the Agency
Functions of the Board
Meetings of the Board
Quorum
Standing orders
Appointment of General Manager
Tenure of the General Manager
Duties of the General Manager
Remuneration of the General Manager
Control over the General manager
Power to employ
Appointment of sub-committee
Board’s control over staff

PART III – FINANCIAL PROVISION

Financial provisions
Accounts of the Agency
Funds credited to account]
[Application of funds of Agency]
Keeping of records
Auditing of accounts

PART IV – MISCELLANEOUS

Common seal of the Agency
Training of Staff
Establishment of Advisory Committee

NASARAWA STATE COMMUNITY AND SOCIAL DEVELOPMENT AGENCY LAW

LAWS OF NASARAWA STATE

Citation and commencement

This Law shall be known as the Nasarawa State Community and Social Development Agency Law and shall come into operation on the 25th day of September, 2009.

Interpretation

In this Law, unless the context otherwise requires:

“Agency” means Nasarawa State Community and Social Development Agency;

“State” means the Nasarawa State of Nigeria;

“Committee” means Agency’s Management Committee;

“Community: means a group of people living in one place, locality or district;

“Demand-driven approach” means that the beneficiary community proposes and selects desired projects;

“Donor” means a country, organization or individual making contribution to the project;

“General Manager” means the Chief Executive of the Agency;

“Governor” Means the Governor of Nasarawa State;

“Governor’s Office” means the office of the Secretary to the Nasarawa State Government (SSG);

“House of Assembly” means Nasarawa State House of Assembly;

“Member” includes the General Manager;

“Operations manual” means a reference handbook to guide the implementation of the project;”

“Project” means a piece of work or activity that is organized to improve the living conditions of the poor;

“Stakeholder” means a person or organization that has shares and interest in the project;

“Social Fund” means pool of resources from which the project can be financed;

PART I

OPERATION CHARACTERISITCS OF THE AGENCY

Characteristics of the Agency

The Nasarawa State Community and Social Development Agency, established as an autonomous body with the mandate for improving the socio-economic conditions of the population at the grassroots, has the following characteristics:

(1) It will be based on a demand-driven approach to project selection. It does not itself identify projects, but selects from among those proposed by beneficiary communities;

(2) It will not implement projects, but co-operates with other implementing bodies selected by the community. It will support and facilitate the efforts of local communities, to ensure the provision of expertise in project implementation and management for communities that lack the skill or know-how to act alone;

(3) Implementation of projects will be carried out in a decentralized, practical and flexible way, and will be the responsibility of communities or other implementing bodies selected by them. Communities will be largely responsible for preparation, implementation and supervision of the projects. Funds contributed by the communities are directly managed by them;

(4) It has an independent procurement and disbursement procedure and a separate transparent management and financial system.

AIMS AND FUNCTIONS OF THE AGENCY

Aims and objectives of the Agency

(1) The aims and objectives of the Agency shall be to:

(a) improve the socio-economic conditions of the population at the grassroots level by promoting prompt delivery of services geared towards poverty reduction in the State;

(b) encourage and increase the capacities of communities to participate in community development projects;

(2) For the purpose of achieving the objectives set out in subsection (1) of this Section, the Agency shall establish three departments as follows:

(a) Operations

(b) Finance and administrations

Functions of the Agency

(4) The functions of the Agency shall be as follows:

(a) to formulate policies and utilize strategies for the effective implementation of programmes geared towards poverty reduction and community development in the State.

(b) appraise applications received on projects against effective criteria spelt out in the operational manual to determine those projects to support, reject or revise;

(c) disburse funds provided to it by the donors and or State Government in support of poverty reduction to the beneficiary communities;

(d) carry out public enlightenment and mobilization of communities towards poverty reduction;

(e) render advisory services and support to local communities, Government, individuals and organizations in project implementation and management where necessary;

(f) prepare and submit to the Government a consolidated annual budget and work plan of the Fund and submit quarterly reports on the financial expenditures;

(g) supervise, monitor and evaluate the implementation of the community development programmes and related poverty reduction programmes in the State;

(h) ensure that regular progress reports are submitted to the appropriate authorities;

(i) ensure annual auditing of accounts;

(j) liaise with State Ministries, Departments, Local Governments, Statutory Bodies, Research Agencies, Organizations and Communities to ensure effective implementation of the Project;

(k) initiate appropriate policy action on the impact and measures aimed at combating poverty in the State, and;

(l) perform any other functions as may be assigned to the Agency by the State Government.

PART II -THE ESTABLISHMENT AND PROCEEDINGS OF THE BOARD

Establishment and proceedings of the Agency

(1) There is hereby established, by the State a body to be called the Nasarawa State Community and Social Development Agency, which shall be a body corporate with a perpetual succession and a common seal and shall have power to sue and be sued in its corporate name.

(2) The Agency, which shall operate as a State Parastatal and shall be the administrative organ to serve as a coordinating resource base for small-scale or micro-project funding.

(3) The Agency shall have a project governing board which shall be the policy making body that will ensure that the Agency operates within the provisions of its mandate in section 3 of this Law:-

(4) It shall be made of the following members:

(a) The Governor shall appoint a private person engaged in civil society work with experience in public sector as Chairman;

(b) Six (6) ex-officio members who shall be: Head of Planning, Permanent Secretaries of Ministries of Works, Local Government Affairs, Finance, Water Resources and Rural Development, Women Affairs and Justice.

(d) The General Manager, who shall be a member and Secretary to the Board.

The Agency shall provide the Secretariat

(5) Membership of the Board shall be;

(a) Approved by the Governor.

(b) The Chairman and members of the Board other than ex-officio members shall hold office for a period of four years from the date of their appointment and may be renewable for another term of four years and no more.

Functions of the Board

(1) Functions of the Board:

 Provide overall policy guidance in the management of the Agency;

 Provide direction and guidance in the interpretation of Government Sectoral Policies;

 Approve annual work plans/budget of the Agency;

 Ensure appropriate monitoring of project implementation;

 Ensure that relevant reports are submitted to the State and Federal Government, and Donor Agency(s).

Establishment and composition of the Governing Board

(1) The Board shall hold such meetings as may be necessary for the fulfillment of its functions, not more than four meetings in a year.

(2) At every meeting of the Board the Chairman shall preside, if present; or in his absence, Protem Chairman from among the other members.

(3) Where upon a special occasion the Board desires to obtain the advice of any person on any particular matter, the Board may co-opt such a person to be member for such meetings as may be required and such person whilst co-opted shall have all the rights and privileges of a member save the right to vote on any issue and shall not be counted towards a quorum.

(4) The Chairman or anyone standing in for him and five other members shall form a quorum.

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

(6) Subject to the provision of this Law the Board or any sub-committee appointed by it may make standing orders for the purposes of regulating its own proceedings.

Appointment of General Manager

(1) There shall be appointed for the Agency a General Manager who shall be recruited from the public or private sector through an open competitive selection process by a team of technical experts or the Board. The recruitment shall be in accordance with laid down conditions and guidance contained in the Operations Manual.

(2) The General Manager shall hold office for a term of 5 years in the first instance and such appointment shall be subject to renewal for another term of 5 years and no more.

(3) The General Manager shall be the Chief Executive of the Agency and shall be responsible for carrying out the day to day running of the Agency.

(4) The General Manager shall perform the following duties:-

(a) Exercise powers and functions of the Agency provided for in section 4(3);

(b) Authorize expenditure in accordance with the approved work plan and annual budget of the Agency;

(d) Liaise with donors and others capable of providing complementary technical, administrative skills and financial resources to the Agency to support the project;

(e) Coordinate all the agency’s activities including the Work Plan and the annual budget and ensures the maintenance of accurate accounting records;

(f) Give provisional approval for proposal of projects recommended by management committee;

(g) Accounting Officer of the Agency;

(h) Chairman of the Agency’s Management Committee;

(i) Delegate authority to staff of Agency to the event necessary for the efficient performance of the functions of the Agency, and;

(j) Perform such other duties as may be required for the effective functioning of the Agency.

Remuneration of the General Manager

(1) Power to determine the terms and conditions of General Manager as of remuneration or otherwise, if recruited from private sector shall be vested in the Board and donor agencies and same shall take cognizance of the provisions in section 4(2) of this Law.

Control over the General manager

(2) Power to exercise disciplinary control over the General Manager shall be vested in the Board in consultation with the Government and donor agencies.

Power to employ

Subject to the provisions of section 7 and 8 of this Law and with the approval of the Board and other donor agencies, the Board may engage or employ such officers or employees as it may consider necessary for the proper and efficient conduct of the business of the Agency upon such terms and conditions as to remunerations of otherwise as it may determine.
(1) Power to determine the Board’s terms and conditions of service of the Manager as to remuneration shall be vested in the agreement with funding Agencies and same shall take into cognizance the provisions in section 5(2) of this Law.
Subject to the provisions of this Law, the Agency shall for the purpose of carrying out its functions under this Law have powers to carry out all activities which are necessary and advantageous for the improvement of the living conditions of the poor through speedy provision of basic economic and social services.

Appointment of sub-committee

The Board may appoint sub-committees to advise it on any other actions on any matter which the Agency may participate in or for any other purposes whether general or special relating to the functions of the Agency which in the opinion of the Board would be better regulated or managed by means of a sub-committee.

Board’s control over staff

The Board may, subject to the provisions of this Law and in accordance with the operations manual, make prescribing with respect to recruitment, promotion, dismissal and disciplinary control of staff of the agency; and this includes:

(a) the qualifications required for appointment;

(b) the method of appointment (including probation and confirmation);

(d) the terms and conditions of service including staff salaries and allowances and the grant of advances, the provision of quarters etc.

(e) the procedure and requirements for promotion;

(f) the maintenance of discipline including dismissal termination of appointment, and;

(g) such other matters relating to departmental procedures, duties and responsibilities of employees as the committee considers can be best provided for by regulations.

PART III – FINANCIAL PROVISION

Financial provisions

(a) There shall be paid and credited to the Agency credit/grant by the Federal Government;

(b) Contribution by the State Government;

Accounts of the Agency

The Agency shall establish and maintain separate accounts for which shall be defrayed all expenditures incurred by the Agency other than such expenditure incurred pursuant to section 4(3) of this Law;

[Funds credited to account]

There shall be paid and credited to this fund such payments made to it by the Government for the running expenses of the Agency other than in pursuant of Section 4(3) of this Law.

[Application of funds of Agency]

All funds received by the Agency shall be applied in accordance with the conditions attached to the releases and shall follow the provisions contained in the Operations Manual.

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Keeping of records

(1) The Agency shall maintain proper and appropriate system of accounts for the purpose of ensuring proper accountability.

(2) It shall prepare in respect of each financial year, necessary statements of accounts in such forms as may be appropriate on the advice of the donor.

Auditing of accounts

(1) The Accounts of the Agency for each year or specified period shall be audited as soon as possible by auditors appointed by the Board with advice from the State Auditor General and the fees of the auditors and expenses shall be paid by the Agency.

(2) As soon as the Accounts have been audited as provided for by subsection (1) of this section, the Board shall forward to the appropriate authorities, and to any relevant donor/stakeholders a copy of income and expenditure account and the balance sheet together with the report of the auditors therein line with the funding agreement.

(3) Limitations are placed on the volume of money and projects that a specific level of management can approve in given time period as stated in the Programme Implementation Manual(PIM).

PART IV –MISCELLANEOUS

Common seal of the Agency

(1) The Agency shall as soon as it is established provide itself with a common seal.

(2) The common seal shall be authenticated by the Chairman or other member authorized by the committee to act in her behalf and the signature of the General Manager of the Agency.

(3) Judicial notice shall be taken of the common seal of the Agency and every document purporting to be an instrument made by the agency and to be authenticated in accordance with this Law shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown.

The Agency shall normally at end of each year make a report of its achievements and activities available to the Government, Donor Agencies and appropriate report as expected by other stakeholders.

Training of Staff

For the purpose of enhancing its services under this Law, the Agency may:

(a) establish and promote training programmes for its staff and members of the communities and other stakeholders in order to build their capacities;

(b) collect, collate and make available through publications and other means basic scientific data and other information on poverty.

Establishment of Advisory Committee

The Board/Agency may establish an Advisory Committee which shall be made up of not less than three outstanding professionals with relevant specialization. The advisory bodies may be composed of administrative, technical or other experts as the Agency may consider useful or appropriate.

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 25TH DAY OF SEPTEMBER , 2009

ALHAJI ALIYU AKWE DOMA, OON, OOM

(Madaucin Doma)

Executive Governor

Nasarawa State of Nigeria

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