NASARAWA STATE HOUSE OF ASSEMBLY SERVICE COMMISSION LAW 2010
| Attorney-General |
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NASARAWA STATE HOUSE OF ASSEMBLY SERVICE COMMISSION LAW 2010
LAWS OF NASARAWA STATE OF NIGERIA
ARRANGEMENT OF SECTIONS
- Citation and commencement
- Interpretation
- Establishment of Commission
- [Membership of the Commission]
- Qualification of Members
- Appointment removal & Resignation
- Tenure of Members
- Removal from office
- Remuneration
- Functions of the Commission
- Functions of the Chairman
- Committee
- Protection of members
- Privilege of the Commission
- Appointments of Secretary and function
- Meeting and Quorum
- Appointment of staff
- Removal of Clerk to the House
- Pension
- Audit
- Policy Matter
- Budget proposal
- Offences
- Penalties
- Regulations
SCHEDULES
NASARAWA STATE HOUSE OF ASSEMBLY SERVICE COMMISSION LAW 2010
A LAW FOR THE ESTABLISHMENT OF THE NASARAWA STATE HOUSE OF ASSEMBLY SERVICE COMMISSION AND OTHER RELATED MATTERS THERETO
Enactment
ENACTED by the Nasarawa State House of Assembly and by the authority of same as follows:
Citation and Commencement
- This Law may be cited as the Nasarawa State House of Assembly Service Commission Law 2010 and shall come into operation on 10th day of March, 2010.
Interpretation
- In this Law unless the context otherwise requires:-
“Chairman” Means the person appointed under section 6(1) of this Law.
“Commission” means the Nasarawa State House of Assembly Service Commission.
“Governor” Means the Governor of Nasarawa State.
“House” means the Nasarawa State House of Assembly.
“Member” means a member of the Commission and includes the Chairman.
“Staff” means the staff of both the Nasarawa State House of Assembly and that of the Commission.
“State” means Nasarawa State of Nigeria.
Establishment of Commission
- (1) There is hereby established the Nasarawa State House of Assembly Service Commission.
(2) The Commission shall be a body corporate with perpetual succession and a common seal and shall have power to sue and be sued in its corporate name
[Membership of the Commission]
- (1) The Commission shall consist of 7 members:
- a) A full time Chairman
- b) Three Permanent Members
- c) Three Part -Time members
(2) At least one of the permanent members and one of the part-time members shall be appointed from each of the three Senatorial Districts of the State
Qualification of Members
5 (1) No person shall be qualified for the appointment as a member of the Commission if he is not qualified to be elected as a member of Nasarawa State House of Assembly.
(2) Any person employed in the Public Service of the State shall not be disqualified for appointment as the Chairman of the Commission
(3) Where such a person has been duly appointed on full – time basis, he shall, on his appointment as the Chairman be deemed to have resigned or retired from his former appointment.
Appointment, Removal & Resignation
S.6.(1)The Chairman and other members shall be appointed by the Governor subject to confirmation by the House of Assembly.
(2) The Chairman to be appointed shall be a seasoned administrator.
(3) A member may resign his appointment at any time before the expiration of four years by forwarding a letter of resignation to the Governor.
(3) The Governor may appoint any suitable person to fill in the vacancy that may occur as a result of resignation, removal or death of a member subject to confirmation by the House of Assembly.
(4) Subject to confirmation by the House of Assembly, the Governor may appoint any suitable person to replace a member who due to ill health cannot perform his functions.
(5) Any appointment under sub-sections (4) and (5) of this sections must be from the same Senatorial District of the earlier member.
Tenure Of members
S.7 The Chairman and other Members shall hold Office for a one term period of five years.
Removal From Office
- 8 The Chairman or any member of the Commission shall be removed from office by the Governor subject to confirmation by 2/3 majority of members of the House of Assembly on the ground of inability to discharge the functions of the Office whether arising from infirmity of mind or body or any other cause or for misconduct.
Remuneration
S.9 The remunerations payable to members of the Commission shall be determined by the Governor subject to the approval of the House of Assembly.
Functions of The Commission
- 10 (1) The Commission shall:-
(a) Formulate and implement guidelines for its functions;
(b) Make appointments into the following offices:-
(i) The Clerk-to-the-House of Assembly’
(ii) The Deputy Clerk-to-the-House of Assembly’
(iii) All other offices in the Service of the House of Assembly which shall cut across all cadres as set out in the Schedule to this Law.
(c) Appointment into the Office of the Clerk and Deputy Clerk shall be done in consultation with the House and the Officers shall have minimum of five years requisite experience in legislative practice and procedure.
(2) The Commission may:-
(a) Appoint, promote, transfer, confirm such appointments; and
(b) Exercise disciplinary control over persons holding or acting in such offices.
(3) Where the Commission deems it expedient that any vacancy in the staff of the House should be filled by a person holding office in the Civil Service of the State, it may after consultations with the Civil Service Commission cause such vacancy to be filled by way of secondment or transfer.
(4) A person seconded pursuant to sub-section (3) of this section may elect, subject to the approval of the Commission, to be transferred to the Service of the House, in which case any previous Service shall count as Service for the purpose of pension payable by the Commission.
(5) Any Member of staff of the State House may elect to transfer or be seconded to any other Public Service of the State and such right of transfer or secondment shall not operate to the disadvantage of the Officer concerned.
Functions of the Chairman
S.11 The Chairman shall be the Head of the Commission
Committees
S.12 The Commission may appoint Committees from among its Members to carry out certain functions as the Commission may determine but no decision of any such committee shall have effect until ratified by the Commission.
Protection of members
- 13 No member of the Commission or Committee shall be liable to be sued in any court for any act done in the course of exercising his legal duty or function imposed on him by the Commission, where such duty or function is carried out lawfully, reasonably and in good faith .
Privilege of the Commission
- 14 Any report, statement or other communication or record Commission of any meeting or proceeding which the makes pursuant to the due exercise of its function or which any member of the Commission may make in the course of performing his official duties shall be privileged in that its production may not be compelled in any proceeding if the Governor certified that such production is not in the interest of the public.
Appointments Of Secretary and functions
15 1) The Governor shall appoint a Secretary to the Commission who shall a person be with sound professional and administrative experience in the public or private sector.
2) The Secretary shall keep all minutes of the Commission’s meeting and shall summon all meetings whenever directed by the Chairman.
3) The Secretary shall be of equivalent rank of a permanent secretary and shall be the Accounting Officer of the Commission.
Meeting and Quorum
- 16 1) The meeting of the Commission shall subject to subsection (2) of this section be convened by the Chairman.
2) Any permanent member may convene a meeting of the commission if the Chairman is unable to do so due to ill health, leave or is unavoidable absent.
3) The Chairman if present shall preside over all meetings of the Commission.
4) In the absence of the Chairman from a meeting, a permanent member so appointed by other members shall preside.
5) The quorum for any meeting of the Commission shall be four members.
6) Any matter presented before the Commission for decision shall be decided by the vote of a simple majority of the members present, and in the event of any equal votes, the Chairman or member presiding shall have a casting vote.
7) The validity of any meeting shall not be affected by reason of the existence of any vacancy in the Commission or any defect in the appointment of any member.
Appointment of staff
- 17 (1) The Commission shall have power to appoint, promote and discipline its staff.
(2) The Commission may accept staff on secondment or transfer from the Civil Service.
Removal of Clerk to the House
S.18 A person holding the Office of the Clerk of the House of Assembly shall only be removed by the Commission acting on an address supported by a simple majority of Members of the State House praying that he be so removed for inability to discharge his functions due to infirmity of the mind or body or any other cause or for misconduct.
Pension
- 19(1) Notwithstanding the provisions of the existing Pension Law of Nasarawa State, it is hereby declared that Service in the House shall be service in the Public Service of Nasarawa State for the purpose of that Law.
(2) Officers and other staff of the House shall in respect of their Service be entitled to such pension, gratuities and other retirement benefits as prescribed in that Law.
Audit
- 20 (1) The funds of the Commission shall be audited by the State Auditor General or such independent auditors as may be appointed by the Auditor General.
(2) The remuneration of the independent auditor appointed under subsection (1) of this section shall be paid by the Auditor General of the State.
Policy Matter
S.21 Subject to the Secretary’s specific powers under this Law, the Secretary shall be responsible for the policy matters of the Commission.
Budget Proposal
- 22 The Commission shall prepare and submit annually its budget proposal to the House.
Offences
- 23. 1) Any person who in connection with any matter which comes before the Commission in the performance of its functions willfully gives it or any of its members or any person to whom it has delegated its functions any information which he knows to be false which he knows to be false by reason of omission of any material fact shall be guilty of an offence.
2) Any member of staff of the Commission who otherwise than in the normal course of his duties discloses any official information shall be guilty of an offence.
3) Any person having any information which to his knowledge has been disclosed in contravention of sub-section (1) communicates to any other person other than for the purpose of prosecution shall be guilty of an offence.
Penalties
S.24 Any person found guilty under section 23 of this law, shall be punished in accordance with the Nasarawa State Civil Service Rules.
Regulations
- 25 The Commission may with the approval of the Governor make regulations generally for the carrying into effect of the provisions of this Law.
SCHEDULE
STAFF AND DEPARTMENT OF THE HOUSE
- Head of Directorate (Office of the Clerk)
- Legislative Matters Department
- Administration and Supplies Department
- Finance and Account Department
- Legal Services Department
- Publication and Information Department
- Estate and Works Department
- Computer, Planning, Research and Statistics Department
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.
EGO MAIKEFFI ABASHE
Ag. Clerk of the House
Nasarawa State House of Assembly
I ASSENTED THIS 10TH DAY OF MARCH, 20010
ALHAJI ALIYU AKWE DOMA, OON, OOM
Executive Governor
Nasarawa State of Nigeria
Find other laws of Nasarawa State, Nigeria HERE
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