Delta State House of Assembly Service Commission Law, 2013

DELTA STATE HOUSE OF ASSEMBLY SERVICE COMMISSION LAW, 2013

1. Short Title and Commencement. This Law may be cited as the Delta State House of Assembly Service Commission Law, 2013 and shall come into force on the 14th day of March, 2013.

2. Interpretation. In this Law, unless the context otherwise requires: "Clerk" means the Clerk of the House; "Commission" means the Delta State House of Assembly Service Commission established by section 3 of this Law; "Core Department" includes Legislative Matters Department, Legal Services Department, Publication Department and Administration Department; "Department" means Departments prescribed in Schedules II and III to this Law; "Governor" means the Governor of Delta State; "House" means the Delta State House of Assembly; "Member" means the Chairman and Members of the Commission; "Misconduct" means breach of 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 as amended, or a misconduct of such a nature as to amount to bribery or corruption or false declaration of assets and liabilities; "Secretary" means the Secretary to the Commission; "State" means Delta State of Nigeria; "Speaker" means the Speaker of the Delta State House of Assembly; "Staff" means officers prescribed in Schedule I to this Law.

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 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 full-time Members, one of whom shall the Chairman and Chief Executive of the Commission. (2) At least two Members of the Commission shall be appointed 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 experience in the Public Service.

5. Qualification of Membership. (1) No Person shall be qualified for appointment as a Member of the Commission if: (a) he is not qualified for election as a member of the House of Assembly; and (b) within the preceding ten years has been removed as a member of any of the bodies established by section 197 of the Constitution of the Federal republic of Nigeria, 1999 as amended or as the holder of any other public office on the ground of misconduct. (2) No person shall be disqualified from appointment as Chairman or Member of the Commission by reason of his employment in the Federal or State Public Service; provided that where such a person has been duly appointed, he shall be deemed to have resigned or retired from his former office from the date of his appointment.

6. Appointment and duties of Secretary of the Commission. (1) There shall be a Secretary to the Commission who shall be appointed by the Commission. (2) The Secretary shall be appointed from amongst the staff of the Commission and shall: (a) be a senior officer not below salary grade level 14 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 Commission. (3) The Secretary shall, subject to the general direction of the Commission be responsible for: (a) the day to day administration of the Commission; (b) keeping the books and proper records of the proceedings of the Commission; and (c) the administration of the Secretariat of the Commission.

7. Tenure of Office. Except where a Member vacates his Office pursuant to section 18 of this Law, a Member shall hold office for four years from the date of his appointment and may be re-appointed for a second term only.

8. Remuneration of Members. A Member shall be paid such remuneration as applicable to such other Commissions.

9. Functions of the Commission. Subject to Sections 12, 13 and 14 of this Law, the Commission shall perform the following functions: (a) formulate and implement guidelines for its functions; (b) appoint all the staff of the Commission including the power for promotion, transfer and confirmation of such appointment; (c) have power to dismiss and exercise disciplinary control over all the staff of the Commission, provided that in exercising its power under this subsection, the Commission shall not be subject to the direction and control of any authority or person, except such exercise is at variance with the extant rules of the Public Service.

10. Staff of the Commission. (1) The staff of the Commission shall be as in Schedule I to this Law. (2) The Commission may at any time subject to the approval of the House, increase or vary the number of categories of Staff. (3) The employment of Staff by the Commission in pursuant to Section 9 of this Law shall, conform to Section14 (4) of the Constitution of the Federal Republic of Nigeria as amended. (4) A Staff of the Commission shall be a Public Officer as defined in the Fifth Schedule, Part I, Section 19 of the Constitution of the Federal Republic of Nigeria 1999 as amended.

11. Remuneration of Staff. The Commission Shall determine the remuneration, allowances, grading and other terms and conditions of Service of Staff and shall ensure that such remuneration, grading such remuneration, allowances, grading and other terms and conditions are kept broadly in line with those applicable to the State Civil Service.

12. Staff posting or secondment. Any person posted or seconded to the service the Commission from the State Public Service and deployed in the service of the Commission shall be engaged without prejudice to any pension rights which but for the secondment shall still accrued to him.

13. Appointment of Clerk and Deputy Clerk. (1) The Clerk of House and Deputy Clerk shall be appointed by the Speaker and Principal Officers of the House, from the Core Departments, subject to the confirmation of the House. (2) The Clerk shall be a with not less than fifteen years working experience in House, and not below salary grade level 15. (3) The Deputy Clerk shall be a person with not less than 14 years working experience in the House and not below salary grade level 14. (4) Where the Clerk is removed pursuant to section 14 of this Law, or retired, the Deputy Clerk shall be appointed to act pending the appointment of a substantive Clerk. (5) Except by a resolution of the House, no person shall act as Clerk for a period exceeding one hundred and eighty days.

14. 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.

15. Appointment/Tenure 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 and Principal Officers of the House. (2) The Sergeant-at-Arms and the Deputy Sergeant-at-Arms shall be retired officers not below the rank of an Assistant Superintendent in the Police Force or a Captain or its equivalent in the Armed Forces.

16. Procedure for meetings of the Commission and Quorum. (1) Subject to the provisions of this Law, the Commission may prescribe the procedure for conduct of its meetings. (2) At any meeting of the Commission, the Chairman shall preside and in his absence, the Members present, shall appoint one of them to preside. (3) Four Members shall form a quorum at any meeting of the Commission. (4) The Commission shall meet at least once in every month and when the need arises.

17. Validity of Proceedings. Subject to section 16(2) of this Law, 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.

18. Vacation of Office. (1) The Chairman or any Member of the Commission shall be removed from office by the Governor for inability to discharge the functions of the office (whether arising from infirmity of mind or body or any other cause), or for misconduct. (2) The House shall upon a resolution of two-third majority of Members, remove the Chairman or any of the Commission from office for inability to discharge the functions of the office or for misconduct. (3) Upon the expiration of the term of office of Members of the Commission, 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 by the House to do so. (4) Notwithstanding section 7 of this Law, where a vacancy occurs in the Membership of the Commission arising from death, removal, resignation, ill health or any other cause, such vacancy shall be filled by the appointment of a successor in accordance with section 4 of this Law, to hold office for the remainder of the term of office of his predecessor and such a successor shall be appointed from the senatorial district of the predecessor.

19. Pensions and Gratuities. (1) The Services of the staff of the Commission shall be pensionable and the Staff shall be entitled to pensions. gratuities and other retirement benefits on the same terms as are applicable to the State Civil Service. (2) The Pension Reform Law, 2007 or any extant Pension Law for the time in force shall regulate the payment of pension, gratuities and retirement benefits of the staff. (3) The period of service of any staff of the Commission shall be joined to and deemed to be continuous with the period earlier served by such person in other pensionable scheduled service.

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. Staff Regulations. (1) The Commission may make regulations or rules prescribing the conditions of service of staff. (2) The regulations or rules made pursuant to subsection (1) above shall broadly be in line with those applicable to the State Civil Service. (3) Until regulations or rules are made pursuant to subsection (1) above; any instrument relating to the conditions of service of persons in the State Civil Service adopted shall apply.

22. 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 any authority or person.

23. Departments. (1) The departments in the House with its organizational structure shall be as prescribed in Schedule II to this Law. (2) The departments of the Commission with its organizational structure shall be as prescribed in schedule III to this Law.

24. Transitional/Savings. (1) Notwithstanding section 25 of this Law. the Chairman and Members of the Commission appointed under the Law repealed by this enactment, shall continue as Chairman and Members of the Commission under and for the purposes of this Law for a term expiring on the day on which the appointments would have expired under the repealed Law. (2) Any person employed by the House before the inception of Law repealed by section 25 of this Law, or the Commission under the repealed Law, shall deemed to have been employed by the Commission established under this Law. (3) Anything done or required or authorized to be done, or omitted to be done, shall not be invalidated by the repeal but shall have effect as if done under this Law.

25. Repeal of Commission Law 2002 and 2004. The Delta State House of Assembly Service Commission Law, 2002 and the Delta State House of Assembly Service Commission (Amendment) Law, 2004 are hereby repealed. Schedule 1 DELTA STATE HOUSE OF ASSEMBLY SERVICE COMMISSION LAW, 2013 . SCHEDULE I (SECTION 10) STAFF OF THE HOUSE OF ASSEMBLY SERVICE COMMISSION.

6. The Hansard Editor, Deputy Editors and Assistants

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

9. The Accountant and Accounting Assistant

12. Executive Officers (General Duties and Accounts)

16. Data processing Officers and Assistant

33. Technical Officers and Technical Assistants

34. Public relations, Protocol Officers, Information Officers and Assistants

41. Other Offices as the Commission may deem fit. Schedule 2 DELTA STATE HOUSE OF ASSEMBLY SERVICE COMMISSION LAW, 2013 SCHEDULE II OFFICE OF THE CLERK AND DEPARTMENTS IN THE HOUSE SECTIONS 13(1) AND 23(11) 1 Office of the Clerk (a) Deputy Clerk (b) Medical division (c) Internal Audit division (d) Security division (e) Transport division 2 Legislative Matters Department (a) Table division (b) Bills and paper division (c) Committee division 3 Finance and Accounts Department (a) Accounts division (b) Finance division (c) Procurement division 4 Administrative Department (a) Personnel/Establishment division (b) Welfare division 5 Information/Protocol Department (a) Information division (b) Protocol division 6 Legal Services Department (a) Legal drafting division (b) Litigation division 7 Publication department (a) Official Reporters division (b) Printing and Publication division 8 Maintenance, Technical and Works division (a) Maintenance division (b) Technical and Works division 9 Planning, Research & Statistics Department (a) Planning,&Stasticsdivision (b) Library&Research division (c) Budget division Schedule 3 DELTA STATE HOUSE OF ASSEMBLY SERVICE COMMISSION LAW, 2013 SCHEDULE III SECTION 23(2)

1. Office of the Secretary to the Commission (a) Secretary to the Commission

2.Department of Administration and finance (a) Director (b) Deputy Director

3. Department of Planning, Research and Statistics (a) Direct (b) Deputy Director

4. Department of Recruitment, Promotion and Training (a) Director (b) Deputy Director