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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
PART II – FUNCTIONS AND POWERS OF THE BOARD
PART III – FUNCTIONS OF THE AGENCY (NASACA)
PART V – STRUCTURE OF THE AGENCY
PART VI – STAFF OF THE AGENCY
PART VIII – FINANCIAL PROVISIONS
PART IX – MISCELLANEOUS PROVISIONS
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
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
(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]
(i) Ministry of Health
(ii) Ministry of Agriculture
(iii) Ministry of Education
(iv) Ministry of Information & Orientation
(v) Ministry of Finance
iii. State Youth Council
Appointment and tenure of Board members
(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
Removal of members and cessation of membership
[Office of the Executive Director]
PART II: FUNCTIONS AND POWERS OF THE BOARD
Functions and Powers of the Board
PART III FUNCTIONS OF THE AGENCY (NASACA)
Functions of the Agency
PART V: STRUCTURE OF THE AGENCY
Structure of the Agency
(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
(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
(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]
(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
(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]
(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
(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.
(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
Investment of Funds(s)
Exemption from taxes
(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
(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]
“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
28 This Law may be cited as the Nasarawa State AIDS Control Agency (Establishment), etc. Law
SUPPLEMENTARY PROVISIONS RELATING TO THE BOARD
(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.
(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
Nasarawa State of Nigeria