Delta State House of Assembly Service Commission Law

DELTA STATE HOUSE OF ASSEMBLY SERVICE COMMISSION LAW

1. Citation and commencement. This Law may be cited as the Delta State House of Assembly Service Commission Law, 1999 and shall be deemed to have come into force on the 3rd day of September, 2002.

2. Interpretation. In this Law unless the context otherwise requires- "?Clerk"? means Clerk of the House; ?"Service Commission"? means the Delta State House of Assembly Service Commission established by section 3 of this Law; ?"Department"? means departments prescribed in Schedule II to this Law; ?"House"? means Delta State House of Assembly; "?member"? means a member of the Commission and includes the Chairman; ?"misconduct"? means breach of the Oath of Allegiance or Oath of Office of a Member or breach of the provisions of the Constitution of the Federal Republic of Nigeria, 1999, or a misconduct of such nature as amounts to bribery or corruption or false declaration of assets and liabilities; ?"Speaker"? means the Speaker of the Delta State House of Assembly; ?"Speaker-in-Council"? means the Speaker and the Principal Officers of the House; ?"Staff"? means officer prescribed in Schedule 1 to this Law; "?graduate"? means the holder of a first degree or its equivalent recognised by the Ministry of Education.

3. Establishment of the Commission. (1) There is hereby established a body to be. known as the Delta State House of Assembly Service Commission. (2) The Commission shall be a body corporate with perpetual succession and shall have power to sue and be sued in its corporate name.

4. Membership of the Commission. (1) The Commission shall consist of seven part-time members, one of whom shall be the Chairman. (2) At least two members of the Commission shall be drawn from each of the three senatorial districts of the State. (3) The Governor shall appoint the Chairman and members of the Commission, subject to the confirmation of the House. (4) The members to be appointed shall in the opinion of the Governor be persons of proven integrity and able to cope with staff problems and-welfare.

5. Appointment and duties of Secretary of the Commission. (1) There shall be a Secretary to the Commission who shall be appointed by the Commission, subject to the approval of the House. (2) The Secretary shall- (a) be a senior officer not below the rank of a Director in the State Public Service; (b) be the accounting officer of the Commission; and (c) hold office on such terms and conditions as approved by the Commission. (3) The Secretary shall, subject to the general direction of the Commission, be responsible- (a) for the day to day administration of the Commission; (b) for keeping the books and proper records of the proceedings; and (c) for the administration of the secretariat of the Commission.

6. Tenure of office. Except where a member vacates his office pursuant to section 17 of this Law, a member shall hold office for four years with effect from the date of his appointment and he may be re-appointed for a second term only.

7. Remuneration of members. A member shall be paid such remuneration as applicable to such other Commissions.

8. Functions of the Commission. (1) Subject to sections 11, 12 and 13 the Commission shall have power to appoint any person as staff of the House, promote and exercise disciplinary control (including dismissal) over such person. (2) The Commission may, as and when necessary, delegate its power under subsection (1) to one or more committees to be appointed by it but no decision of its committee shall have effect unless ratified by the Commission. (3) Notwithstanding any delegation under subsection (2), the Commission shall retain the ultimate Responsibility for all matters relating to the appointment, employment, discipline and other interests of staff. (4) If the Commission thinks it necessary that any vacancy in the staff of-the House should be filled by a person holding office in the Civil Service or Public Service-of the Fed oration or of a State! it shall notify the appropriate Civil Service or Public Service to that effect and thereafter the Commission may by arrangement with the Civil Service or Public Service concerned, cause such vacancy to be filled by way of posting, secondment or transfer. (5) A person seconded pursuant to subsection (4) of this section-may elect subject to the approval of the Commission, to be transferred to the service of the House of Assembly, in which case his previous service in the Civil Service or Public Service concerned shall count as service for the purpose of pension subsequently payable by the Commission. (6) Any member of staff of the House of Assembly may elect to transfer or be seconded to any other Public Service of the State and such transfer or secondment shall not operate to the disadvantage of the officer concerned.

9. Staff of the House. (1) The staff of the House shall be as prescribed in Schedule 1 to this Law. (2) The Commission may at any time, subject to the approval of the House; increase, reduce or vary the number or categories of the staff. (3) The employment of staff for and by the Commission shall conform with section 14 (4) of the House increase, reduce or vary the number or categories of the staff. (4) The employment of staff for and by the Commission shall conform with séctionj14 (4) of the 1999 Constitution of the Federal Republic of Nigeria. (5) A staff of the House shall be a public officer as defined in the Fifth Schedule, Part 1, section 19 of the 1999 Constitution of the Federal Republic of Nigeria.

10. Remuneration of staff. The Commission shall determine the remuneration, grading and other terms and conditions of service of staff and shall ensure that such remuneration, grading and other terms and conditions and kept broadly in line with those applicable to the State Civil Service.

11. Staff on posting or secondment. (1) Any person posted or seconded to the service of the House from the State Public Service and deployed in, the service of the House shall be engaged without prejudice to any pension rights which but for the secondment shall still accrue to him. (2) Any person employed by the-House before the inception of this Law shall be deemed to have been employed by the Commission.

12. Appointment of the Clerk and the Deputy Clerk. (1) The Clerk of the House and the Deputy Clerk shall be appointed by the Speaker in- Council, subject to the confirmation of the House. (2) A person to be appointed Clerk shall be- (a) a person with not less than fifteen years working experience in the State Civil Service, and shall not be below salary grade level 18; and (b) on the same status as the Head of Service. (3) On the removal or retirement of the Clerk, the Deputy Clerk shall be appointed to act pending the appointment of a substantive Clerk in accordance with subsections (1) and (2).

13. Removal of Clerk or Deputy Clerk. The Clerk or Deputy Clerk shall be removed from office for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misconduct by a simple majority of members of the House.

14. Appointment of Sergeant-at-Arms and Deputy Sergeant-at-Arms. (1) The Sergeant-at-Arms and the Deputy Sergeant-at-Arms shall be appointed by the Speaker-in-Council and the appointments shall be subject to the confirmation of the House. (2) The Sergeant-at-Arms and the Deputy Sergeant-at-Arms shall be retired officers not below the rank of ASP in the Police Force or Captain or its equivalent in the Armed Forces.

15. Meeting of the Commission and quorum. (1) At the meeting of the Commission, the Chairman shall preside and in his absence the members present shall appoint one of them to preside. (2) Four members shall form a quorum at any meeting of the Commission. (3) The Commission shall meet at least once in every month and when the need arises.

16. Validity of proceedings. Subject to the provisions of subsection (2) of section 15, the validity of any proceedings of the Commission shall not be affected by any vacancy among the members, or any defect in the appointment of any member, or by reason that a person who is not a member has taken part in such proceedings.

17. Vacation of office. (1) The Chairman or any member of the Commission shall be removed from that office by the Governor upon a request supported by simple majority of the House, praying that he be so removed fol inability to discharge the functions of the office (whether arising from infirmity of mind or body or any other cause), or for misconduct. (2) Notwithstanding the provision of subsection (1) of this section, the Chairman or any member of the Commission shall be removed from office by the House upon a resolution by two-thirds: majority of the members of the House, for inability to discharge the functions of the office, or for misconduct. (3) Upon the coming into force of this Law, or upon the expiration of the life of the Commission at any time or upon a vacancy occurring in the membership of the Commission, the Governor shall send the appropriate nomination to the House within thirty days of being requested to do so.

18. Pensions and gratuities. (1) The Service of the House shall be pensionable and the staff shall be entitled to pensions, gratuities and other retiring benefits on the same terms as are applicable to the State Civil Service. (2) The Government of the State shall be responsible for the payment these retiring benefits. (3) The period of service of any Staff of the House shall be. joined to and deemed to be continuous with the period earlier served by such person in other pensionable schedules services.

19. Finance. The Commission shall submit its budget to the House Services Committee for inclusion in the House budget.

20. Annual report. As soon as possible, but not exceeding two calendar months immediately after the end of every legislative session, the Commission shall lay before the House, a report on the performance of its functions during the immediate preceding session.

21. Commission procedure. Subject to the provisions of this Law, the Commission may prescribe the procedure for the conduct of its meetings.

22. Staff regulations. (1) The Commission may make regulations or rules prescribing the conditions of service of staff including the procedure for their appointment, promotion, removal and disciplinary control. (2) The regulations or rules made pursuant to sub-section (1) shall be broadly in line with those applicable to the State Civil Service. (3) Until regulations or rules are made pursuant to subsection (1), any instrument relating to the conditions of service of persons in the State Civil Service adopted shall apply.

23. Independence of the Commission. In exercising its powers to make appointments, to determine conditions of service or to exercise disciplinary control over persons, the Commission shall not be subject to the direction or control of any authority or person.

24. Departments. The departments in the House shall be as prescribed in Schedule II of this Law. Schedule 1 DELTA STATE HOUSE OF ASSEMBLY SERVICE COMMISSION LAW [Section 9.] Staff of the House

6. The Hansard Editor, Deputy Editors and Assistants.

7. The Librarian, Library Officers and Library Assistant and Attendants.

8. The Sergeant-at-Arms and his Deputies.

9. The Accountant and Accounting Assistants.

12. Executive Officers (General Duties and Accounts).

13. Secretaries (Secretariat Assistants).

16. Data Processing Officers and Assistants.

29. Engineers and Engineering Assistants.

30. Technical Officers and Technical Assistant

31. Public Relations /Protocol Officers, Information Officers and Information Assistants.

38. Others not immediately identified. Schedule 2 DELTA STATE HOUSE OF ASSEMBLY SERVICE COMMISSION LAW (Section 24) DEPARTMENTS IN THE HOUSE

7. Maintenance, Works and Technical Services

8. Personnel, Administration and Welfare Services