BAYELSA STATE AGENCY FOR THE CONTROL OF HIV/AIDS (ESTABLISHMENT) LAW, 2012

16 Apr

GOVERNMENT OF BAYELSA STATE OF NIGERIA

BAYELSA STATE AGENCY FOR THE CONTROL OF HIV/AIDS LAW, 2012: 

ARRANGEMENT OF SECTIONS

SECTIONS

  1. Establishment of the Bayelsa State Agency for the control of HIV/AIDS (BYSACA)
  2. Establishment of the Governing Board of the Agency
  3. The functions of the Board
  4. Tenure of Office
  5. Removal of a member and cessation of membership
  6. Functions and Powers of the Agency
  7. Structure of the Agency
  8. Staff of the Agency
  9. Terms and conditions of Service
  10. Funds and Expenditure of the Agency
  11. Acceptance of gifts
  12. Borrowing Powers
  13. Preparation of yearly Budget
  14. Keeping of proper Accounts and Records
  15. Submission of Annual Administrative Report and Audit report to the Board
  16. Exemption from taxes
  17. Miscellaneous
  18. Transitional provisions as to the transfer of property, functions etc, of the Agency
  19. Provisions of the Law severable
  20. Interpretation
  21. Citation


GOVERNMENT OF BAYELSA STATE OF NIGERIA

BAYELSA STATE AGENCY FOR THE CONTROL OF HIV/AIDS

(ESTABLISHMENT) LAW, 2012

 

A LAW TO PROVIDE FOR THE ESTABLISHMENT OF THE BAYELSA STATE AGENCY FOR THE CONTROL OF HIV/AIDS AND OTHER MATTERS CONNECTED THEREWITH.

Commencement                  (                                                                                                               )

BE IT ENACTED by the House of Assembly of Bayelsa State of Nigeria and by the Authority of same as follows:

 

 

PART I

 

ESTABLISHMENT AND COMPOSITION OF THE BAYELSA STATE AGENCY FOR THE CONTROL OF AIDS (BYSACA)

 

Establishment of the Bayelsa State Agency for the Control of AIDS

1.

(1)             There is hereby establishment an agency to be known as the Bayelsa State Agency for the Control of AIDS for the management and Control of HIV and AIDS (In this Law referred to as the “the Agency”) which shall under that name be a body corporate with perpetual succession and common seal, and may sue or be sued in its corporate name.

 

(2)             The Agency established pursuant to subsection (1) of this section shall have its principal office located in Yenagoa and such other liaison or operational centres as the Agency may require or determine for the proper discharge or performance of its functions under this Law, within and outside Yenagoa.

 

(3)             Subject to this Law, the Agency may be structured into any number of divisions as the Board may deem appropriate for the effective administration of the Agency and proper discharge of its functions.

 

(4)             Without prejudice to the provisions of any existing law, the Agency established under this Law shall be supervised and controlled by the Executive Governor of Bayelsa State.

 

 

 

PART II: ESTABLISHMENT OF THE GOVERNING BOARD

 

Establishment of the Governing Board

2.

(1)             There is hereby established for the purpose of this Law a Governing Board (in this Law, referred to as “The Board”) which shall consist of –

(a)               The Governor as Chairman

 

(b)              The Deputy Governor as Deputy Chairman

 

(c)               The Director-General of the Agency as Secretary to the Board

 

(d)              The Secretary to State Government

 

(e)               One representative from each of the line Ministries

 

(f)                A representative of the

                                                        i.            Network of People Living with HIV/AIDS in the State(1)

 

                                                      ii.            Faith Bay

 

(g)               The Chairman Bayelsa State Traditional Rulers Council

 

(h)              Chairman, Association of Local Government of Nigeria, Bayelsa State

 

(i)                 A representative from each Local Government Area.

 

Responsibilities of the Governing Board

3.

(1)             The Governing Board shall have responsibility for

(a)               Providing overall leadership for HIV/AIDS in the State;

 

(b)              Leading Advocacy and Resource Mobilization

 

(c)               Promoting Partnership within and outside Bayelsa State and

 

(d)              Acting in advisory capacity.

 

(2)             The Director-General of the Agency shall be the Coordinator of the affairs of the Governing Board, and in that regard shall provide the secretariat to facilitate the activities and programmes of the Board.

 

Provided that:

(a)               Where a member of the board representing any of the networks/organizations ceases to be an official of that network/organization, he ceases to be a member of the board; and

 

(b)              His successor automatically replaces him on the board for the unexpired terms of his predecessor.

 

(3)             The supplementary provisions set out in the First Schedule to this law shall have effect with respect to the proceedings of the Board and other matters contained therein.

 

(4)             The office of the Director-General shall provide the Secretariat for the Board.

 

(1)          The Board shall –

(a)              Provide technical leadership and advocacy for the implementation of prevention, control and impact mitigation strategies for HIV and AIDS in the State.

 

(b)             Ensure sustenance of funding and advocacy for the prevention and control of HIV/AIDS response at all levels.

 

(c)              Co-ordinate and promote participation in Sero Sentinel Surveillance on incidence and prevalence of HIV/AIDS;

 

(d)             Encourage Multi-sectoral and Multi-disciplinary collaboration and networking among all stakeholders including Civil Society Organizations against HIV/AIDS;

 

(e)              Organize training of personnel involved in the Control and Prevention of HIV/AIDS.

 

(f)               Liaise with the National Agency for the Control and Prevention of HIV/AIDS for an effective public response.

 

(g)              Facilitate the provision of care, support and treatment of people living with HIV/AIDS in the State.

 

(h)             Perform such other functions as may from time to time be assigned to it by any other Law enacted by the State House of Assembly.

 

(i)                Facilitate the formation and development of local and international partnerships and collaboration for the purpose of enhancing Bayelsa State control initiatives on the HIV and AIDS pandemic.

 

(j)                Consider and approve the annual work plan of the Agency.

 

(k)              Review, from time to time, the extent of the implementation of the State’ strategic plan on the prevention and control of HIV and AIDS by the Agency.

 

(l)                Determine the overall policies and guideline of the Agency, including its financial and operating procedures and ensure their effective implementation; and

 

(m)           Make rules for the appointment, promotion and discipline of employees of the Agency.

 

(2)          Subject to such conditions as it may impose, the Board may delegate any of its functions under this Law to any of its committees or to the Director-General.

 

(3)          Nothing in this section shall prevent the Board from performing or exercising any of the functions and powers so delegated;

 

(4)          The Board shall be responsible for the appointment, promotion and discipline of the senior staff.

 

Tenure of Office

4.

Subject to the provisions of section 3 of this Law, a member of the Board:-

(a)              Shall hold office for a period of Five years in the first instance and shall be eligible for reappointment for a further period of five years, and no more;

 

(b)             May resign his appointment by writing under his hand a letter addressed to the Governor, and his membership shall terminate on the date of receipt of the letter of resignations, and

 

(c)              Shall be paid such remuneration and allowances as the Governor may, from time to time determine.

 

Removal of a member and cessation of membership

5.

(1)             The Director-General or any member of the Board of the Agency may be removed from office by the Governor for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misconduct.

 

(2)             Without prejudice to sub-section (1) of this section –

 

(a)               No member shall absent himself from meetings for three consecutive times without good reason.

 

(b)              Where the members of the Board are satisfied that the continued presence on the Board of the Agency of the member is not in the interest of the overall objectives and functions of the Agency the Director-General of the Board of the Agency may recommend accordingly to the Board that the member be removed and declare the office of that member vacant.

 

(3)             Any vacancy in the Board occurring as a result of any of the circumstances described under this section of this Law shall be filled by appointing a person who shall represent the same interest which the predecessor represented, and shall hold office for the unexpired term of office of the last holder of the office.

 

 

PART III: FUNCTIONS AND POWERS OF THE AGENCY

Functions and powers of the Agency

6.

(1)             Subject to this Law the Agency shall perform the following functions:

(a)              Plan and coordinate activities of the various sectors in the State response to HIV/AIDS

 

(b)             Facilitate the engagement of Local Government Areas and all sectors on issues of HIV/AIDS prevention, care and support.

 

(c)              Advocate for the mainstreaming of HIV/AIDS interventions into all sectors of the society.

 

(d)             Formulate policies and guidelines on HIV/AIDS.

 

(e)              Support HIV/AIDS research in the State.

 

(f)               Mobilize resources (local and foreign) and coordinate the equitable application of such resources for HIV/AIDS activities.

 

(g)              Provide and coordinate linkages with the global community on HIV/AIDS.

 

(h)             Monitor and Evaluate all HIV/AIDS activities in the state.

 

(i)                Facilitate the development and management of the policies and strategies of all sectors to ensure the human, financial and organizational resources to support the successful execution of the State HIV/AIDS Strategic Plan.

 

(j)                Establish, encourage and promote training programmes for the employees of the Agency and other appropriate persons from public or private organizations.

 

(k)              Perform such functions as may, from time to time be assigned to it by the Government, and

 

(l)                Facilitate collaboration for the management of HIV/AIDS and opportunistic infections

 

(m)           Coordinate activities of Donor Organizations; Line Ministries, NGOs and other Partners in Bayelsa State for an effective HIV/AIDS response.

 

(2)             In addition to the functions of the Agency as provided in sub-section (1) of this section, the Agency shall have power to:

(a)               Co-operate with persons and institutes undertaking research within and outside Bayelsa State;

 

(b)              Enter into contract within or outside Bayelsa State, with any persons, government or institution, and execute any contract, deed or any other document within or outside Bayelsa State for the purpose of combating HIV/AIDS;

 

(c)               Open and operate ordinary and domiciliary accounts for the Agency in recognized banking institutions;

 

(d)              Appoint officers and employees at such remuneration and on such conditions and subject to the relevant provisions of this Law;

 

(e)               Develop and maintain an appropriate organizational structure; and

 

(f)                Generally, enter into any contract or perform any act, whether with Bayelsa State or outside, as will in the opinion of the Board contribute towards the attainment of the Agency’s objectives.

 

 

 

            PART IV: STRUCTURE OF THE AGENCY

 

Structure of the Agency

7.

(1)             There shall be created for the Agency a management Committee, which shall consist of:

(a)               The Director-General who shall be the Chief Executive Officer (CEO);

(b)              The Heads of the Directorates of the Agency

 

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

 

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

 

 

PART V: STAFF OF THE AGENCY

 

Tenure of the Director-General

8.

(1)             The Director-General shall:

(a)               Be appointed by the Governor;

(b)              Be answerable of the Board;

(c)               Be a person qualified as a Medical Doctor or Health Scientist with a Medical Degree (MBBS) for not less than ten years;

(d)              Be experienced in Public Health;

(e)               Have a minimum of at least fifteen (15) years experience in HIV/AIDS programming;

(f)                Be experienced in working with Government, Donors and Non Governmental Organizations (NGOs).

 

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

 

(3)             The Director-General shall hold office for a period of five years in the first instance and may be re-appointed for a further period of 5 years and no more, on such terms and conditions as may be determined, from time to time, by the Governor.

 

(4)             The Director-General shall be the Secretary to the Board.

 

 

Terms and Conditions of Service

9.

(1)             The Terms and Conditions of service including remuneration, allowances, benefits and pensions of officers and employees of the Agency shall be determined by the Board;

 

(2)             Staff of the Agency shall hold Pensionable Appointment as applicable in the Bayelsa State Public Service;

 

(3)             Service in the Agency shall be approved service for the purpose of the Pensions Act, and accordingly officers and other persons employed in the Agency shall, in respect of their services in the Agency, be entitled to pension, gratuities and other retirement benefits as are prescribed there under;

 

(4)             Notwithstanding subsection (1) of this section, the Agency may appoint a person to any office on the terms, which preclude the grant of a pension, gratuity or retirement benefits, and;

 

(5)             For the purpose of the application of the Pension Reform Act, any power exercisable there under by the Commissioner of Finance or other regulation thereof, is hereby vested and shall be exercisable by the Board and not any other person or authority.

 

(6)             Staff of the Agency shall receive allowances and benefits as applicable in the Health Sector.

 

 

PART VI: FINANCIAL PROVISIONS

 

Funds and Expenditure of the Agency

10.

(1)             The Agency shall establish and maintain an account from which shall be defrayed all expenditures incurred by the Agency.

 

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

 

(3)             The Agency may establish and maintain one or more accounts 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 Bayelsa State.

 

(4)             The Agency shall disburse these funds to Line Ministries, Critical Mass, and other organizations that qualify and have been granted funding by the Agency for executing HIV/AIDS activities and programmes.

 

(5)             The Agency shall also, from time to time, apply he funds at its disposal to:

 

(a)               Settle the cost of administration of the Agency;

 

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

 

(c)               The payments of salaries, fees or other remunerations, and allowances, payable to officers and servants of the Agency;

 

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

 

(e)               Support and encourage State, National and International Non-Governmental Organizations (NGOs) engaged in the HIV/AIDS management, control and or prevention activities;

 

(f)                Support people infected and affected by HIV/AIDS in the efforts to mitigate the diseases;

 

(g)               Train the members of staff of the Agency; and

 

(h)              Undertake all activities connected with its functions under this Law.

 

(6)             All issues pertaining to pensions and gratuities of staff of the Agency shall be in accordance with the provisions of the Pensions Board Law of Bayelsa State.

 

Acceptance of gifts

11.

The Agency may accept gifts, including land, money or other property on such terms and conditions, if any, as may be specified by the persons or organization making the gift provided that the conditions attached by the persons or organization making the gift are not inconsistent with the functions of the Agency under this Law.

 

Borrowing Powers

12.

(1)             Subject to the provisions of the 1999 constitution as amended, the Board may, with the consent or in accordance with any specific authority given by the governor, borrow by way of loan or overdraft from any source, such specified amount of money as may be required by the Agency for meeting its obligations and discharging its functions under this Law.

 

(2)             The Board may subject to the provisions of this Law and the conditions of any trust created in respect of any property, invest all or any of its funds with the consent or general authority of the Governor.

 

(3)             The Board may invest any surplus funds of the Agency in securities as prescribed by the Trustee investment Act or such other securities as may, from time or time, be approved by the Governor.

 

(4)             Subject to the provisions of the Land Use Law, and any special or general direction which the Governor may give in that behalf, the Agency may require or lease any land required for its purpose under this Law.

 

 

Preparation of Yearly Budget

13.

The Director-General shall cause to be prepared and submitted to the Board, not later than 30th August of each year, an estimate of the expenditure and income of the Agency for the following year.

 

 

Keeping of proper Accounts and Records

14.

The Board shall cause to be kept proper accounts of the Agency in respect of each year and proper records in relation thereto and shall cause the accounts to be audited not later than 6 months after the end of the year by auditors appointed by the Board and in accordance with the guidelines supplied by the Auditor-General of the State.

 

Submission of Annual Administrative Report and Audit Report to the Board

15.

The Director-General shall, not later than 30th March in each year, prepare and submit to the Board a report on the activities and administration of the Agency during the preceding year and shall include in the report a copy of the audited accounts of the agency for the year and the auditor’s report thereon.

 

Exemption from Taxes

16.

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

 

(2)              The provisions of any enactment relating to the taxation of companies or trust funds shall not apply to the Agency.

 

 

PART VII: MISCELLANEOUS PROVISIONS

 

Premises and Offices

17.

(1)             For the purpose of providing office premises necessary for the performance of its functions, the Agency may, subject to Land Use Act-

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

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

 

(2)             Nothing in this Law shall effect any order, rule, regulation, appointment, conveyance, mortgage, deed or agreement made, resolution passed, direction given, on AIDS (SACA); but any such order, rule, regulation, appointment, conveyance, force immediately before the commencement of this Law, shall, on the passed, given, taken, issued or done under this Law, shall have effect as if so made, passed, given, taken, issued or done.

 

Transitional provisions as to the transfer of property, functions, etc, of the Agency

18.

(1)             On the commencement of this Law:

 

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

 

(b)              The Former Committee shall cease to exist; and

 

(c)               Subject to the next succeeding subsection, any law, matter or thing 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 from the appointment day, so far as it relates to property transferred by this Law to the Agency, as if the Agency had been a party to the agreement.

 

(3)             With 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, powers and remedies (and, in particular, the same rights as to the making or resisting of legal proceedings or 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 times 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, so far as it provides all alterations of a Register (but not for avoidance of transfer, the payment of fees or any other matter) apply with the necessary modifications to the transfer of the property aforesaid, and it shall be the duty of the Agency to furnish the necessary particulars of the transfer to the proper officers of the registration authority, and of that officer to register the transfer accordingly.

 

(5)             Without prejudice to the generality of the provisions of this Schedule relating to the transfer of property, any persons who, immediately before the 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 correspond as nearly as may be to those which appertained to him in his capacity as a member of that 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 far 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 purposes of the Agency.

 

 

Provisions of the Law severable

19.

If any provision of this Law or the application thereof to any person, body corporate, statutory body or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this law which can be given effect without that invalid provision or application, and to this end, the provisions of this Law are severable.

 

Interpretation

20.

(1)             In this Law, unless the context otherwise requires, the following words and expressions have the meaning respectively assigned to them, that is to say:

 

“Agency” means the Bayelsa State Agency for the Control of AIDS established pursuant to section 1 (1) of this Law;

 

“Board” means the Governing Board of the Agency established pursuant to section 2(1) of this Law;

 

“Chairman” means the Chairman of Governing Board of the Agency.

 

“Chief Executive Officer” means the same thing as Director-General;

 

“Director-General” means the Director-General of the Agency;

 

“Function” includes power and duty;

 

“HIV and AIDS” means human immune-deficiency virus and Acquired Immune Deficiency Syndrome, respectively;

 

“Junior Staff” means an officer of the Agency on Salary Grade Level 01 to 06 in accordance with the State Government’s Civil Service Salary Structure;

 

“Line Ministries” means the ministries of the Bayelsa State government in charge of health, education, women affairs and youths;

 

“Member” means a member of the State Agency for the Control of AIDS and includes the Chairman;

 

“State Strategic Plan” refers to the State’s response strategies and measure formulated and put in to effect for combating the spread of HIV and AIDS in the State and any part thereof, and as specified under this Law;

 

“Governor” means the Executive Governor of Bayelsa State, and

 

“Senior Staff” means an officer of the Agency on Salary Grade level 07 and above in accordance with the State Government’s Civil Service Salary Structure.

 

“Committee” means a body of persons constituted to execute particular functions.

 

(2)             The interpretation law shall be applied for interpreting the provisions of this Law.

 

Citation and Commencement

18.

This Law may be cited as the Bayelsa State Agency for the Control of AIDS (Establishment) Law and it shall come into force on the ……………………… day of …………………………… 2012.

 

 

 

SCHEDULE I

SUPPLEMENTARY PROVISIONS RELATING TO THE PROCEEDINGS OF THE BOARD OF THE AGENCY

Meeting of the Board

  1.  

Subject to this Law, the Board may make standing orders regulating its proceedings so that of any of its committees.

 

  1.  

At every meeting of the Board, the Chairman shall preside and in his absence, the Vice-Chairman shall preside.

 

  1.  

The quorum at a meeting of the Board shall consist of the Chairman, (or in an appropriate case, the person presiding at the meeting) and 1/3rd other members.

 

  1.  

The Board shall for the purpose of this Law, meet not less than three times in each year and subject, thereto, the Board shall meet whenever it is summoned by the Chairman, and if required to do so, by notice given to him by not less than 5 other members, he shall summon a meeting of the Board to be held within 14 days from the date on which the notice is given.

 

  1.  

Where the Board desires to obtain the advice of any person on a particular matter, the Board may co-opt him to the Board for such period as it thinks fit, but a person who is a member by virtue of this paragraph shall not be entitled to vote at any meeting of the Board and shall not count towards a quorum.

 

  1.  

A decision of the majority of the members of the Board present at any meeting constitutes a decision of the Board and, in the event of an equality of votes; the member presiding at the meeting shall have a casting vote in addition to his or her deliberate vote.

 

  1.  

Minutes of the proceedings of each meeting shall be submitted at the next meeting of the Board and, if passed as correct, shall be confirmed by the signature of the chairperson or other member presiding thereat and may, when so confirmed, be evidence in a court of law of the proceedings of the first-mentioned meeting.

 

MISCELLANEOUS

 

  1.  

The fixing of the seal of the Agency shall be authenticated by the signature of the Chairman or any other person generally or specifically authorized by the Board, to act for that purpose, and that of the Director-General.

 

  1.  

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 Director-General or by any other person generally or specifically authorized by the Board to act for that purpose.

 

  1.  

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

 

  1.  

The validity of any proceedings of the Board or of any of its committees shall not be affected by:

  1. Any vacancy in the membership of the Board or committee; or

 

  1. Any defect in the appointment of a member of the Board or committee; or

 

  1. The participation of a person not entitled to take part in the proceedings of the Board or committee.

 

  1.  

No member of the Board shall be personally liable for any act or omission done or made in good faith while engaged in the business of the Agency.

 

  1.  

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

 

 

 

SCHEDULE 2

 

DEPARTMENTS OF THE AGENCY

 

The Agency shall have the following Directorates to be headed by directors:

(a)              Finance and Administration

 

(b)             Programmes, Public Affairs, Policy and Advocacy.

 

(c)              Monitoring and Evaluation, Planning, Research and Statistics

 

(d)             The Directors shall have relevant qualifications and credentials and shall be appointed by the Governor.

 

(e)              Notwithstanding the foregoing, the Governor shall have the power to create more Directorates on the recommendation of the Board as the need may arise.

 

 

  1.  

The supplementary provisions set in the second Schedule to this law shall have effect with respect to the departments of the agency and other matters contained therein.

 

 

This printed impression has been carefully compared by me with the Bill which has passed the Bayelsa State House of Assembly and found by me to be a true and correctly printed copy of the said Bill.

…………………………………………….

Mr. AARON NICODEMUS TIMIYE

Clerk of the House

 

 

Assented the …………………………. day of …………………. 2012

…………………………………………………….

HON. HENRY SERIAKE DICKSON

Governor of Bayelsa State

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