Delta State Local Government Areas Paramedics and Passengers Welfare Scheme Law

DELTA STATE LOCAL GOVERNMENT AREAS PARAMEDICS AND PASSENGERS WELFARE SCHEME LAW

1. Short Title and Commencement. This Law may be cited as the Delta State Local Government Areas Paramedics and Passengers Welfare Scheme Law, and shall come into and force on the 13th day of March. 2013.

2. Interpretation. In this Law, unless the context otherwise requires: "Accident" means any accident giving rise to severe bodily pain or serious injury to human beings who are in emergency medical condition: "An Agent" means a driver or any other employee of the transporter; "Benefits" refers to the benefits. as prescribed under section 17 of this law; "Beneficiaries" means passengers conveyed in commercial vehicles in/from Delta State who are victims of road accident with personal evidence of payment for the rates, for the trip in question; "Board” means the Delta State Paramedics Board; "Commercial Driver" includes any driver driving a vehicle for commercial purpose; "Council" means the Local Government Council of the State; "Emergency Medical Condition" means a medical condition manifesting acute symptoms of sufficient severity (including severe pain) here the absence of emergency medical treatment could reasonably be expected to result in: (a)death of the person; (b) serious jeopardy in the health of the person; and (c) serious impairment of bodily function. "Emergency Medical Treatment" means the action that is required to be taken after screening of a person injured in an accident; "Government" means the Government of Delta State of Nigeria; "Governor" means the Governor of Delta State of Nigeria; "Hospital" includes a nursing home, clinic medical centre, medical institution having hospital emergency department or facilities for emergency medical treatment; "House" means the Delta State House of Assembly; "Immediate Medical Assistance" means first aid treatment of the victim for a period of not more than one week; "Law Enforcement Agent" includes a member of the Nigeria police Force, Nigeria Security and Civil Defence Corps, and the Federal Road Safety Commission; "Manifest" means any document containing the particulars of passengers travelling in a vehicle as provided under section 11 of this Law; "Passengers" means fair-paaying travellers and minors borne by them in course of the journey in a vehicle; "Private Administrator" means a Clinic or Hospital or Health Management Organization appointed by the Board to manage the Scheme as a body; "Paramedics" means professionals allied to medicine that work in an emergency situation; "Rate" means rates provided for, under section 12 of this Law; "Returns” means an agreed amount of money between Private Administrator and the Board; payable to the account of the Board, by the Private Administrator; "Scheme" means the Delta Government Passengers Welfare Scheme; "State" means Delta State of Nigeria; "Supervision under the Board" means registration of Private Administrators, regulations of the activities of the Scheme and maintenance of standard under the Scheme; "Stabilize" means with respect to an emergency medical conditions; to provide such medical treatment of the condition as may be necessary to assure, within reasonable medical probability that no material deterioration for the condition is likely to result from or occur during the transfer of the individual from a facility; "Transfer" means the movement (including the discharge) of an individual outside a hospital facility at the direction of any designated medical practitioner employed by the hospital, but does not include an individual who has been declared dead or leaves the facility without the permission of the doctor attending to him; "Victim” means the deceased or the survivors of an accident.

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

4. Membership of the Board. (1) The Board shall consist of nine Members, three from each of the senatorial districts, one of whom shall be the Chairman. (2) The Chairman and Members of the Board shall be appointed by the Governor, subject to the confirmation of the House. (3) The following shall be ex-officio Members of the Board: (i) a representative of the Ministry of transport not below the rank of a director; (ii) a representative of the Federal Road Safety Commission; (iii) One member representing the Delta State Chapter of (iv) a representative of the Ministry or Health, not below the rank of a director; (v) a representative of the Ministry of Justice, not below the rank of a director; and (vi) the Chairman of the Delta Stale Chapter of the National Union of Road Transport Workers.

5. Tenure. The Chairman and Members of the Board shall hold office for a period of three years, and may be reappointed for another tenure of three years only.

6. Appointment of Secretary. (1) There shall be appointed a Secretary to the Board who shall be a Public Servant not below the rank of a Director. (2) The Secretary shall be in charge of the day to day administration and the Chief Accounting Officer of the Board.

7. Functions of the Board. The functions of the Board shall be: (i) supervising and regulating the activities of the Scheme; (ii) registering and delisting of Private Administrators charged with the management of the Scheme; (iii) receiving complaints from aggrieved beneficiaries; (iv) policy formulation and enhancement of the Scheme, (v) developing and ensuring continuous training of paramedic personnel; and (vi) receiving returns from the private Administrators of the Scheme.

8. Remuneration. The Members of the Board shall be entitled to remuneration and allowances as applicable to similar Boards in the State.

9. Establishment of the Scheme. (1) There is hereby established a Scheme, to be known as the Delta State Government Passengers Welfare Scheme. (2) The Scheme shall comprise compulsory: (i) compilation of Passengers manifest; (ii) payment of welfare fees by all passengers travelling within and outside the State; and (iii) payment of benefits to victims of accident covered by the Scheme.

10. Responsibility of a Transporter within the Scheme. Every Transporter in the State shall: (i) prepare a manifest of all passengers; (ii) ensure that all passengers comply with the Scheme; (iii) submit to the Private Administrator a copy of the manifest; (iv) secure a Copy of the manifest prepared by him and another copy with the driver of the vehicle throughout the course of the journey; and (v) show a copy of the manifest on demand by a law enforcement agent.

11. Content of the Manifest. The Manifest prepared by the Transporter for the passengers shall contain as follows: (a) full Names; (b) Sex; (c)point of departure; (d) point of destination; (e) Contact address; (f) fare paid; (g) next of kin and their phone numbers; (h) passengers' phone number, and (i) date of departure.

12. Payment of Rates under the Scheme. (1) Every Passenger is liable to pay a minimum rate of Fifty naira. (2) The Board shall review the rates payable to the scheme from time to time.

13. Appointment of Private Administrators. (1) There Shall be appointed Private Administrators by the Board, who shall manage the Scheme. (2) The Private Administrator shall be a licensed reputable clinic or Hospital or Health Management Organization. (3) The Private Administrator shall be registered by the State Ministry of Health.

14. Functions of Private Administrators. (1) The functions of the Private Administrator shall include: (a) to collect rates from the passengers and issue receipts; (b) to respond to a scene of an accident with a view to providing immediate medical attention and other related assistance to the victims; (c) payment of benefits as provided in section 17 of this law; (d) to enlighten passengers on the functions, policies and activities of the Scheme; (e) to make returns to the Board; (f) have power to: (i) enter into contractual agreement as may be necessary for the discharge of its functions; and (ii) do such other things that are necessary for the effective functioning of the Scheme. (2) Have a standard clinic within the Local Government Area of operation. (3) For the purpose of effective co-ordination of the Scheme. liaise regularly with transporters, transport parks and the State Ministry of Transport.

15. Tenure of the Private Administrator. The Private Administrator shall have a tenure of four years subject to renewal.

16. Termination of the Private Administrator. The appointment of the Private Administrator shall be terminated by the board: (i) if the Private Administrator is unable to carry out the obligations required of him under this Law; and (ii) where it is ascertained that, he lacks the basic facilities in section 14 (2) of this Law; (iii) at the expiration of his tenure.

17. Benefits of the Scheme. Beneficiaries of the Scheme shall be entitled to such minimum benefits as categorized below: (i) death - N200,000 (ii) permanent disability - N100,000 (iii) immediate medical assistance - to be determined by the Private Administrator.

18. Sources of Funds. The sources of funds for the Scheme shall be: (i) returns from Private Administrator; (ii) donations and gifts; (iii) any Other sources of funds accruable to it under any Law in force; (iv) all Other assets that may from time to time accrue to the Scheme.

19. Offences by the Transporters. Any Transporter including his employees who: (i) hinders, molests or obstructs. the Private Administrator or Law enforcement agents from performing their duties under this Law, whether at the transporters premises or elsewhere; or (ii) fails or neglects to prepare the manifest; or (iii) fails or defaults in the discharge of any other responsibility imposed upon him under this Law, shall be guilty of an offence and be liable on conviction to imprisonment for not more than six months or to a fine of Five thousand naira or both.

20. Offences by the Passenger. Any passenger who: (i) Obstructs, hinders or prevents the transporter, Private Administrator or Law enforcement agent from performing the duties imposed upon them by this Law, whether at the transport premises or elsewhere; or (ii) fails to pay his welfare fee along with his fare to the transporter or his agent; or (iii) fails to supply his particulars to, enable the transporter or his agent to prepare the manifest as provided for under this Law; shall be guilty of an offence and be liable on conviction to imprisonment for not more than one month or one thousand naira fine or both.

21. Offences by the Private Administrator. (1) Any person managing or responsible for the management of the hospital or a medical practitioner or Private Administrator who refuses to carry out the functions in pursuant to sections 13,14 & 17 of this Law shall be liable to imprisonment for six months or to a fine of Twenty thousand naira. (2) Any medical practitioner attached to a hospital Who refuses to perform the duties imposed on him under this Law, in addition to the penalty, shall be subject to such disciplinary action to be determined.in accordance with the Nigerian Medical and Dental Council Act. (3) If the Private Administrator fails or neglects to ensure the payment of the benefits to an accident victim under this Law or to his next - of - kin, within the period of one month from the date of presentation of a letter of administration of estate from probate or the Private Administrator shall be guilty of an offence and shall on conviction be liable to imprisonment for than one year or a fine of Two hundred thousand naira.

22. Power To arrest Offenders. Any Law enforcement agent may arrest without warrant, any person or group of persons, or transporters or passengers or Private Administrators found violating the provisions of this Law.

23. Summary Trial of Offenders. The trial of all offenders under this Law, shall be summarily tried in a Magistrate Court or any court or tribunal established by Law.

24. Suit and services of processors. (1) Notwithstanding the provisions of any other Law, no cause of action shall be instituted against the Scheme or any Member of the Scheme or any employee of the Scheme in respect of any alleged neglect or default in the performance of any duty or exercise of any authority in any court, unless such action is commenced within three months next after the act, neglect or default complained of is caused. In the case of a continuous damage or injury such action shall lie within six months from the abatement of such damage or injury. (2) No suit shall be commenced against the Private Administrator before the expiration of a one month after written notice Of intention to commence the suits shall have been served upon the Scheme by the intending plaintiff or his agent and the notice shall clearly and explicitly state the cause of action, the particulars of the claims, the name and place of abode of the intending plaintiff(s) and the relief which he claims. (3) The notice referred to in sub-section (2) notice or any other documents required or authorized to be served upon the Board, under the provisions of this Law or any enactment or Law, may be served by delivering same to the Private Administrators.

25. Payment of Judgment debt by Private Administrator. In any action or suit against the Private Administrator. Any sum of money which may be judgment debt awarded against the Private Administrator shall, subject to any direction given by the Private Administrator, be paid from the general reserve fund of the Private Administrator.

26. Repeal/Savings of Law No.6 of 2002. The Delta State Passengers’ Welfare, Scheme Law 2002 is hereby repealed but without prejudice to the validity of anything done or caused to be done thereunder.