NASARAWA STATE HIV/AIDS CONTROL AGENCY (NASACA) ESTABLISHMENT, ETC LAW

State Laws

Attorney-General

State Website

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NASARAWA STATE HIV/AIDS CONTROL AGENCY (NASACA) ESTABLISHMENT, ETC LAW

LAWS OF NASARAWA STATE OF NIGERIA

 

ARRANGEMENT OF SECTIONS

PART I – THE ESTABLISHMENT AND GOVERNING BOARD OF THE NASARAWA STATE AGENCY FOR THE PREVENTION AND CONTROL OF HIV/AIDS

1. Establishment of the State Agency for the Control of HIV/AIDS
2. [Establishment of Governing Board]
3. Appointment and tenure of Board members
4. First Schedule
5. Removal of members and cessation of membership

PART II – FUNCTIONS AND POWERS OF THE BOARD

8. Functions and Powers of the Board

PART III – FUNCTIONS OF THE AGENCY (NASACA)

9. Functions of the Agency

PART V – STRUCTURE OF THE AGENCY

11. Structure of the Agency

PART VI – STAFF OF THE AGENCY

12. Staff of the Agency and the tenure of Executive Director
13. NA
14. NA
15. NA

PART VIII – FINANCIAL PROVISIONS

16. Fund and Expenditure of the Agency.
17. [Application of funds]
18. Acceptance of gifts.
19. Keeping of proper accounts and records.
20. Submission of Annual Administration Report and audit Report to the Board
21. Investment of Funds(s)
22. Exemption from taxes

PART IX – MISCELLANEOUS PROVISIONS

23. Transitional provisions as to the transfer of property, function, etc. of the Agency.
24. [Acquisition of interest in property]
25. [Governor may give direction]
26. [Regulations]
27. Interpretation
28. Citation

SCHEDULE

 

NASARAWA STATE HIV/AIDS CONTROL AGENCY (NASACA) ESTABLISHMENT, ETC LAW

A LAW TO PROVIDE FOR THE ESTABLISHMENT OF THE NASARAWA STATE AIDS CONTROL AGENCY (NASACA) AND FOR MATTERS CONNECTED THEREWITH

 

Enactment

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

 

PART: 1 – THE ESTABLISHMENT AND GOVERNING BOARD OF THE NASARAWA STATE AGENCY FOR THE PREVENTION AND CONTROL OF HIV/AIDS

Establishment of the State Agency for the Control of HIV/AIDS

1. There is hereby established an Agency to be known as Nasarawa State HIV/AIDS Control Agency (in this Law referred to as the Agency‟)

The Agency:

(a)       Shall be a body corporate with perpetual succession and a seal: and

(b)       May sue and be sued in its corporate name.

 

[Establishment of Governing Board]

2. There is hereby established for the Agency a Governing Board (in this act referred to as “the Board”) consisting of:
3. The Governor as the Chairman of the Board
4. The Executive Director as the Vice Chairman
5. One representative from the following not lower than the rank of a Director

            (i)      Ministry of Health

            (ii)     Ministry of Agriculture

            (iii)    Ministry of Education

            (iv)    Ministry of Information & Orientation

            (v)     Ministry of Finance

1. Two representatives of Civil Society Network on HIV/AIDS (CISHAN) in the State
2. One representative from the following groups:
3. People Living with HIV/AIDS (NASNET)
4. Youth Network on HIVAIDS (NYNETHA)

            iii.      State Youth Council

1. State Council of Women Society
2. Six persons, two of whom shall be women, to include:
3. A legal practitioner with experience in matters relating to the rights of children, women and people living with HIV/AIDS.
4. A person who is qualified and experienced in matters relating to public health
5. A medical scientist involved in the formulation and development of vaccines, and it’s testing and application on human kind
6. A journalist with experience in mass communication techniques
7. A social scientist with experience in the mobilization and counseling of communities on responses to the affliction scourges and other catastrophes of epidemic proportion.
8. An accountant with appreciable financial management skills

 

Appointment and tenure of Board members

3. The members of the Board shall be appointed by the Executive Governor and

(a)       Each shall hold office for a period of 4 years on such terms and conditions as may be specified in their letters of appointment, and

(b)       May be re-appointed for one further period of 4 years and no more

 

First Schedule

4. The Supplementary Provisions set out in the Schedule to this Law shall have effect with respect to the proceedings          of the Board and other matters           contained therein.

 

Removal of members and cessation of membership

5. Notwithstanding the provision of Section 3 of this Law, any member of the Board may at any time be remove from the office by the Executive Governor for inability to discharge the functions of this office whether arising from infirmity of mind or body or any other cause subject to the confirmation by the State House of Assembly.

 

[Remuneration]

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

 

[Office of the Executive Director]

7. The office of the Executive Director shall be the Secretariat for the Board.

 

PART II: FUNCTIONS AND POWERS OF THE BOARD

Functions and Powers of the Board

8. The Board shall:
9. Determine the overall policies and guideline of the Agency, including its financial operating procedures and ensure their effective implementation.
10. Provide leadership and advocacy for the prevention and control of HIV/AIDS in the State; and provide intergovernmental and multi-sector coordination.
11. Make rules guiding the operation and discipline of employees of the Agency and other rules guiding the operation of the Board.
12. Review from time to time, the extent of the implementation of the Nasarawa State Strategic plan on the prevention and control of the HIV/AIDS by the Agency.
13. Facilitate the formation and development of State, national and international partnerships and collaborations for the purpose of enhancing the state’s HIV/AIDS prevention and control initiatives.
14. Facilitate funding for effective prevention and control of HIV/AIDS throughout the state.
15. The Board may subject to such conditions as it may impose, delegate any of its functions under this Law to any of its committee or to the Executive Director.
16. Nothing in this section shall prevent the Board from performing or exercising any of the functions and powers so delegated.
17. Approve the line ministries, institutions and non-governmental Organizations to streamline and provide check and balances in the Agency programme.

 

PART III FUNCTIONS OF THE AGENCY (NASACA)

Functions of the Agency

9. The functions of the Agency shall be to: –
10. Design and implement state Action plans for the prevention and control of HIV/AIDS
11. Design and prosecute an intense multi-sectoral approach prevention and control
12. Provide technical support to the planning implementation and management of HIV/AIDS to line ministries, civil society organization and LGAS, Government or institution, and execute contract, deed or any other document within or outside the federal Republic or any foreign Country for the purpose of combating HIV/AIDS.
13. Appoint officers and employees at such remuneration and on such conditions and subject to the relevant provisions of this law.
14. Pay gratuity and pension to its officers and employees.
15. Develop and maintain appropriate organizational structure.
16. Generally enter in to any contract or perform any act whether within the state or outside, as will in the opinion of the board contribution towards the attainment of the Agency’s objectives.

 

PART V: STRUCTURE OF THE AGENCY

Structure of the Agency

11. (1) There shall be created for the Agency a management team which Structure of the Agency shall consist of:
12. The Executive direction who shall be the chief Executive officer (CEO)
13. All heads of department of the Agency, and
14. Any other person that may be co-opted by the Executive Director

(2)       The management team shall be responsible for the management of the Agency in accordance with the polices of the Agency.

(3)       The management team shall be responsible for the appointment, promotion and discipline of junior staff of the Agency.

 

PARTY VI: STAFF OF THE AGENCY

Staff of the Agency and the tenure of Executive Director

12. (1) There shall be appointed for the Agency an Executive Director who shall be.
13. Appointed by the governor
14. Answerable to the Board
15. A health professional or any other discipline with at least five years experience in HIV/AIDS           management, and is an excellent resource mobilizer who has working experience with civil society,                                      donors and  government.
16. Two representatives of:

(i)        civil society Network on HIV/AIDS (CISHAN) in the State

(ii)       network of people living with HIV/AIDS (NSNET) in the State

(iii)      interfaith coalition in the State, and

(iv)      Youth organization involved in HIV/AIDS in the State

1. One representative of the following:

                   (i)      media organization involved in HIV/AIDS

(ii)     women organization involved in AIV/AIDS

(iii)    labour organization

(iv)    private sector organization, and

(v)     Traditional council.

(2)     The Executive Director shall be the Chief Executive Officer of the Agency who shall be responsible for day to day running of the Agency.

 

[Responsibility on State Council on AIDS]

15. (1) The State Council on AIDS shall have responsibility to support.

(i)      Coordinating all intervention programmes for prevention, control and management of HIV/AIDS in the State;

(ii)     Establishing minimum standards for the control and management of HIV/AIDS infection by providing technical direction.

(iii)    Maintaining unity and cooperation among stakeholders involved in the fight against HIV/AID; and

(iv)    Assessing the progress made at the State and Local Council levels.

 

PART VIII: FINANCIAL PROVISIONS

Fund and Expenditure of the Agency

16. (1) The Agency shall establish and maintain a fund from which shall defray all expenditure incurred by the Agency.

(2)       There shall be credited to the Fund established in pursuance of sub-section (1) of this section such payments as may be made to it by the State Government for the running expenses of the Agency and other assets accruing from time to time to the Agency.

(3)       The Agency may establish and maintain one or more funds into which shall be credited such payments as may be made to it by donors and other agencies from time to time for the purpose of supporting HIV/AIDS activities and programmes in the State.

(4)       The Agency shall disburse these funds to ministries, LGAs and organizations that qualify and have been granted funding by the agency  for executing HIV/AIDS activities and programmes.

 

[Application of funds]

17. The Agency shall from time to time apply the proceeds at its disposal to-

(a)       The cost of administration of the Agency.

(b)       Paying members of the Board or of any Committee set up by the Board for such expenses as may be expressly authorized by the Board in accordance with approved rates;

(c)       The payment of salaries, fees or other remuneration, allowances, pensions and gratuities payable to officers and servants of the Agency;

(d)       Publicize and promote the activities of the Agency.

(e)       Support national and international scientific and professional organizations working on HIV/AIDS, pay annual dues and other contributions to such organizations,

(f)        Support and encourage Non-Governmental Organizations (NGOs), people infected and affected by HIV/AIDS in their efforts to mitigate the impact of     the disease;

(g)       Conduct research activities relating to HIV/AIDS;

(h)       Maintain any property vested in the Agency anywhere in Nigeria;

(i)        Undertake all activities connected with its function under this law.

 

Acceptance of gifts

18. (1) The Agency may seek for credit facility and accept gifts or land, money or other property on such terms and conditions, if any, as may be specified by the persons or organization making the gifts/donations

(2)       The Agency shall not accept any gift if the conditions attached by the person or organization making the gift are inconsistent with the functions of the Agency under this Law, subject to the approval of the Board

 

Keeping of proper accounts and records.

19. (1) The Board shall cause to be prepared and submitted to the Ministry of Finance, not later than 30th September of each year, an estimate of the expenditure and income of the Agency for the following year.

(2)       The Board shall cause to be kept proper accounts of the Agency in respect of each year, a 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 auditor appointed from the list and in accordance with the guidelines supplied by the Auditor-General of the State.

 

Submission of Annual Administration Report and audit Report to the Board

20. The Board shall not later than 30th June in each year prepared and submit to the State Government a report on the activities and administration of the Agency during the immediate preceding year and shall include in the Report a copy of the Audited Accounts of the Agency for the year and Auditor’s Report thereon.

 

Investment of Funds(s)

21. The Agency may subject to the provision of this Law and the conditions of any trust created in respect of any property, invest some part of its funds not exceeding 30% in any securities as may from time to time be approved by the board.

 

Exemption from taxes

22. (1) The Agency shall be exempted from the payment of income tax or any income derived by it under this Law or accruing to it from any investment.

(2)       Accordingly, the provision of any enactment relating to the taxation of companies or trust funds shall not apply to the Agency

 

PART IX: MISCELLANEOUS PROVISIONS

Transitional provisions as to the transfer of property, function, etc. of the Agency

23. (1) On the commencement of this law:

(i)      All property held immediately before that day by or on behalf of the former Nasarawa State Action Committee on AIDS (in this Law) referred to as “the former Committee) shall, by virtue of this subsection and sub section and without further assurance, vest in the Agency and be held by it for purpose of the Agency,

(ii)     The former committee shall cease to exist; and

(iii)    Subject to the next succeeding subsection, any act, matter or thing made or done by the former committee shall continue to have effect.

(2)     Every agreement to which the former Committee was a party immediately before the appointed day whether or not of such a nature that the rights, liabilities and obligations there under could be assigned by the former Committee shall, unless its terms or subject matter make it impossible that it should have effect as modified in the manner provided by the sub-paragraph, have effect as modified in the manner provided by the sub-paragraph, have effect from the appointed day, so far it relates to property transferred by this Law to Agency, as if the Agency, had been a party to the agreement.

(3)     Without prejudice to the generality of the foregoing provisions of this schedule, where by the operations of this Law, any right, liability or obligation vests in the agency, the agency and all other persons shall, as from the appointed day, have the same rights, power and remedies (and, in particular, the same rights as to the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing that right, liability or obligation as they would have had if it had at all time been a right, liability or obligation of the Agency.

(4)       If the Law in force at the place where any property transferred by this         Law is situated (whether by reference                      to an instrument of transfer or otherwise) the Law shall, as it provides for alterations of a register (but not for           avoidance of transfer, the payment of fees or any other matter) apply with the necessary modification to the                  transfer of the property aforesaid, and the Agency shall furnish the necessary particulars of the transfer to the                    proper officer of the registration authority, and of that officer to register the transfer accordingly.

(5)       Without prejudice to the generality of provisions of this Law relating to the transfer           of property, any persons who, immediately before appointed day, was a member of the staff of the former committee shall on that day become the holder of an appointment with the agency with the status, designation and functions which corresponds as nearly as may be to those which appertained to him/her capacity as a member of the staff.

(6)       All regulations, rules and similar instruments made for the purpose of the former committee and in force immediately before the appointed day shall, except in so as they are subsequently revoked or amended by any authority having power in that regard, have effect with any necessary modifications as if duly made for the corresponding purpose of the agency

 

[Acquisition of interest in property]

24        For the purpose of providing office necessary for the performance of its functions, the agency may subject to the Land Use Act:

(a)       Purchase or take on lease any interest in land, building or property and;

(b)       Build, equip and maintain offices and premises.

Subject to the Land Use Act, the Agency may sell or lease any office or premises held by it, which is no longer required for the performance of its functions, under this Law as so directed by the Board.

 

[Governor may give direction]

25. Subject to the provisions of this Law, the governor, may give to the Board such directives of a general or special nature relating 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]

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

 

Interpretation

27. In this Law, unless the context otherwise require;

“Agency” means the Nasarawa State AIDS control Agency established under section 1 of this Law

“Board” means the Governing Board of the Nasarawa HIV/AIDS Control

“Functions” includes duties and power

“HIV/AIDS” means Human Immune Deficiency Virus/Acquired Immune Deficiency Syndrome

“House” means Nasarawa State House of Assembly

“Member” means a member of the Governing Board and includes the Chairman.

“NASACA” means Nasarawa State AIDS Control Agency

“SCA” means state Council on AIDS

“State” means Nasarawa State of Nigeria

 

Citation

28        This Law may be cited as the Nasarawa State AIDS Control Agency (Establishment), etc. Law

 

SCHEDULE

SUPPLEMENTARY PROVISIONS RELATING TO THE BOARD

1. Subject to this Law and section 27 of the Interpretation Act, the Board may make standing orders regulating its proceedings or those of any of its committee
2. Every meeting of the Board shall be presided over by the Chairman and if the Chairman is unable to attend a particular meeting, the Vice-Chairman shall preside at the meeting.
3. The quorum of the Board shall be the Chairman (or in appropriate case, the person presiding at the meeting pursuant to paragraph 2 of this schedule) and one third of other members.
4. The Board shall meet not less than four times in each year and subject thereto, the Board shall meet wherever it is summoned by the Chairman and if the Chairman is required to do so by notice given him by not less than one-third of other members. He shall summon a meeting of the Board to be held within 14 days from the date on which notice is given.
5. Upon any special occasion, the Board may co-opt any person and while so-co-opted, such person shall have rights and privileges of a members, expect that he shall not be entitled to vote or count towards quorum.
6. A member of the Board who is directly or indirectly interested in any matter being deliberated on by the Board or is interested in any contract made or proposed to be made by the Agency shall, as soon as possible after relevant fact have come to his knowledge disclose the nature of his/her interest at the meeting of the Board.
7. A disclosure under this paragraph shall be recorded in the minute of the meeting of the Board and the member concerned shall;
8. Not, after the disclosure, take part in any deliberation or decision of the Board; and
9. Be excluded for the purpose of constituting a quorum of any meeting of the Board for any deliberation or decisions, with regards to the subject matter in respect of which his/her interest is so disclosed.
10. A decision of the majority of the members of the Board present at any meeting constitutes the decision of the Board and, in the event of equality of votes, the member presiding at the meeting shall have a casting vote in addition to his/her deliberative vote.

 

COMMITTEES:

9. (1) Subject to its standing order, the Board may appoint such members of standing and ad-hoc committees as it                    thinks fit to consider and report on any matter with which the Agency is concerned.  

(2)       Every committee appointed under sub-paragraph (1) of this paragraph shall be made up of such number of persons, not necessarily members of the Board as may be determine in each case

(3)       The decision of a committee of the Board shall be of no effect until it is adopted by the Board.

 

10. The fixing of the Seal of the Agency shall be authenticated by the signatures of the Chairman or the Executive Director of the Agency.

 

11. Any contract or instrument which if made 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 to act for that purpose.

 

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

 

13. The validity of any proceeding of the Board Committees shall not be affected by:

(i)        Any vacancy in the membership of the Board or Committee:

(ii)       A defect in the appointment of a member of the Board or Committee;

(iii)      Reason that a person not entitles to do so took part in proceeding of the Board or Committee.

 

 

 

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.

MOSES A. ONDAKI
Clerk of the House
Nasarawa State House of Assembly

 

I ASSENTED THIS 31st DAY OF DECEMBER, 2007

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

 

 

 

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