Primary Health Care Development Agency Authority Law

PRIMARY HEALTH CARE DEVELOPMENT AGENCY/AUTHORITY LAW

1. Citation. The Law may be cited as the Primary Health Care Development Agency/Authority Law.

2. Interpretation. In this Law- "agency" means Primary Health Care Agency; "authority" means Local Government Area Primary Health Care Authority; "Chairman" means Chairman of the Agency/Authority; "Executive Director" means Executive Director of the Agency; "Executive Secretary" means Executive Secretary of the Authority; "employee" means any person employed in any capacity by the Agency/Authority pursuant to the provision of this Law; "Functions" includes powers and duties; "LGA" means Local Government Area; "PHC" means Primary Health Care; "Primary Health Care" means health care provided in the community by medical practitioners and other cadre of trained health workers; "State" means Delta State of Nigeria.

3. Establishment of the Agency/Authority. (1) There is hereby established a body to be known as the Primary Health Care Development Agency and the Local Primary Health Care Authority. (2) The Agency shall be a body corporate having perpetual succession and a common seal with power to sue and be sued in its corporate name and to acquire, manage, hold and dispose of property movable or immovable.

4. Composition of the Agency. (1) The Agency shall consist of- (a) a part-time Chairman and three other members drawn from each of the senatorial districts and shall be appointed by the Governor; (b) the Chairman shall be a qualified practising medical doctor with a minimum often years’ experience; (c) an Executive Director who shall be a qualified medical practitioner with a minimum of fifteen years' experience in Primary Health Care in the Civil Service and shall be appointed by the Governor; (d) one representative from- (i) Health Ministry; (ii) Finance Ministry; (iii) Local Government and Chieftaincy Affairs Ministry; (iv) Information Ministry: Provided that the appointment of the Chairman and the three Board members shall be subject to the confirmation of the State House of Assembly. (2) The Agency may co-opt any person whose expertise or knowledge is required for any of its business.

5. Salary and allowances. The Board members including the non-civil servants shall be paid such salaries and allowances as the Governor may determine.

6. Functions of the Executive Director. The Executive Director shall be responsible to the Board of the Agency and shall carry out the day-to-day administration of the affairs of the Agency and in addition shall be responsible for the following- (a) making arrangements for the meetings of the Board of the Agency; (b) preparing the agenda and minutes of such meetings; (c) execution of the decisions of the Board of the Agency; (d) keeping proper records of the proceedings of the Board of the Agency; (e) signing all contractual documents/agreements of the Agency; and (f) performing such other functions as the Board may from time to time direct.

7. Tenure of office of members of the Agency and the Authority. (1) Apart from the Executive Director and Executive Secretary, the Chairman and members of the Agency/Authority shall hold office for four years but not more than a maximum of two successive tenures and shall be eligible for re-appointment for such other term as the Governor may from time to time determine. (2) The offices of the Executive Director and Executive Secretary shall be pensionable. (3) Notwithstanding anything contained in the instrument by which the Chairman or a member is appointed, the Governor may revoke the appointment if he is satisfied that the Chairman or a member- (a) has been absent from three consecutive meetings of the Agency/Authority without permission; (b) has been adjudged bankrupt by a court of competent jurisdiction; (c) has been convicted by a court of law for an offence involving dishonesty, corruption and abuse of office; (d) is incapacitated by physical or mental illness; or (e) is otherwise unable or unfit to discharge the functions as a member/Chairman. Notwithstanding anything contained in the instrument by which he is appointed, a member of the Board may resign his appointment in writing under his hand addressed to the Governor, and upon receipt of the letter of resignation by the Governor the appointment of the member shall terminate.

8. Quorum. Five members including the Chairman shall form a quorum at any meeting of the Agency/Authority. In the absence of the Chairman the members shall appoint one person from amongst themselves to act as Chairman.

9. Chairman presides at meeting. At any meeting of the Agency/Authority the Chairman shall preside, or in his absence, the members present at the meeting shall appoint one of their members to preside at that meeting.

10. Meetings of the Agency/Authority. (1) Subject to the provisions of any standing order, the Agency/Authority shall meet whenever it is summoned by the Chairman and if the Chairman is required to do so by notice given to him by not less than four other members, he shall summon a meeting of the Agency/Authority to be held within 14 days from the date which the notice is given. (2) Where the Agency/Authority desires to obtain the advice of any person on a particular matter, the Agency/Authority may co-opt him as a member for such periods as it thinks fit, but such a person shall not be entitled to vote at any meeting of the Agency/Authority and shall not count towards the quorum.

11. Validity of proceedings. The validity of any proceedings of the Agency/Authority shall not be affected by any vacancy in membership, or any defect in the appointment of a member or by reason that a person not entitled to be present, took part in any of its proceedings.

12. Tenders and contracts. (1) Without prejudice to the Authority, the Agency may enter into contracts in respect of all or any of the following matters- (a) engineering works whether civil, mechanical or electrical; (b) construction, repairs or maintenance of buildings; (c) supply of goods, materials and manufactured goods; (d) supply of food; (e) rendering of services involving employment of labour. (2) Before entering into any contract, the Agency shall call for tenders. (3) Without prejudice to the provision of subsection (1) of this section, the Agency may enter into all such contracts as it may deem necessary or expedient for the due performance of any duty imposed or for the effective exercise of any power conferred upon it by or under the provisions of this Law.

13. Functions of the Agency. Without prejudice to the Authority, the Agency shall be responsible for carrying out the following functions- (i) to formulate primary health care policy; (ii) to assist the State and Local Primary Health Care Authority in resource mobilisation; (iii) to support the monitoring and evaluation of all primary health care programmes, local government area levels and using such data for management decision making; (iv) training and retraining of all cadres of health workers with proper re-orientation to community participation and development; (v) to support directly the strengthening of the School of Health Technology; (vi) to support community participation in primary health care; (vii) to support studies in health system research as a tool for finding better ways for the provision of essential care as a component of health for all at the local government area level; (viii) to stimulate universities, non-governmental organisations, and international agencies to work with local government areas in nurturing their capacity for problem-solving using locally available means; (ix) to support intersectoral collaboration in the primary health care system especially amongst line Ministries; (x) support the development of strategies to strengthen the referral system and encourage at all times its utilisation; (xi) ensure sustainability of the programme at each local government area level through local initiatives and intersectoral collaboration; (xii) to undertake any other function assigned to it by the relevant authorities from time to time.

14. Senior officers and servants. Without prejudice to the Authority, the Agency shall have power- (a) to appoint such officers and servants as it may determine; (b) to discipline all persons in the employment of the Agency; (c) to pay its officers and servants such remuneration in accordance to public service rules; (d) to make all such other appointments as the Agency may think necessary for carrying out the purposes of this Law and determine the wages, salaries and other conditions of service of all persons employed by the Agency in or in connection with the primary health care services in accordance with public service rules; (e) to determine the payment of any officers or servants or any other persons so co-opted by it.

15. Transfer of certain staff of the Ministry/Local Government Council to Agency/Authority. Persons who before the commencement of this Law held offices in the Primary Health Care Unit in the Ministry of Health, Hospital Management Board or Health Department in the Local Government Councils shall form the nucleus of the Agency/Authority.

16. Finance of the Agency. (1) The funds and resources of the Agency shall consist of- (a) the initial sum of money allocated to it by Government; (b) such monies that may be appropriated from time to time to the Agency by the State Government and its agencies; (c) all monies obtained from finance institutions, international donors and nongovernmental organisations; (d) monies raised as loans by the Agency. (2) (a) The Agency shall maintain bank accounts with reputable banks in Nigeria; (b) The Executive Director and accountant shall be signatories to the bank account.

17. Establishment of the Local Government Area Primary Health Care Authority. There shall be established in each local government area of the State a body to be known as the Local Government Area Primary Health Care Authority (hereinafter in the Law referred to as "the Authority").

18. Composition and remuneration of the Authority. (1) The Authority shall consist of- (a) a part-time Chairman who shall be appointed by the Chairman of the Local Government Council; (b) an Executive Secretary employed by the Agency and posted to the Local Health Authority. He shall be responsible to the Board of the Authority. His duty shall be similar to that spelt out in Section 6 of this Law for the Executive Director of the Agency. The Executive Secretary shall be a medical practitioner with not less than seven years’ post qualification experience. The Executive Secretary shall have medical charge of the council area of jurisdiction as the medical officer of health; (c) the Supervisory Councillor for Health in the Local Government; (d) four community leaders from the local government area, spread geographically, two of whom should have health background. (2) The Chairman and members of the Authority shall be paid such remuneration, fees and allowances as are payable to similar bodies in the State.

19. Other staff of the Authority. The other staff of the Authority shall be- (a) primary health care staff; (b) Support staff who shall carry out administrative and financial duties of the Authority as directed by the Executive Secretary.

20. Functions of the Authority. The Authority shall be responsible for carrying out the following functions- (a) development and management of infrastructures at the local government area level for primary health care; (b) implementation of all components of primary health care; (c) formation of village and ward development committee; (d) assisting the database collection, collation and dissemination; (e) ensuring effective drug revolving fund scheme; (f) providing improved and efficient health education; (g) provision of facilities for referrals; (h) carrying out the employment, training, discipline, promotion and transfer of junior staff within the health sector in the local government area; (i) enforcing relevant portions of the Public Health Law.

21. Finances of the Authority. (1) The funds and resources of the Authority shall consist of- (a) salaries and allowances of staff to be paid by the Local Government Council; (b) donations from NGOs involved in PHC activities; and (c) such funds as may be appropriated from time to time by the legislative house of the Council. (2) A primary health care implementation bank account shall be opened for all health care authorities at a reputable bank into which all monies received shall be paid into. The Executive Secretary and accountant shall be signatories to all accounts.

22. Expenditure of the Agency. The Agency may, from time to time, apply the funds for- (a) the pursuance of all or any of its functions under the provisions of this Law; (b) the remuneration, honoraria, gratuities and pensions of the members of the Agency and its employees under the provisions of this Law.

23. Keeping of accounts and of appointment of Auditor. (1) The Agency/Authority shall keep an account of its transactions in such form as shall conform to the best accounting standard and practice. (2) The Agency/Authority shall prepare at the end of each financial year a statement of account, which shall be submitted with all supporting documents and vouchers in line with extant accounting rules of the State Civil Service. (3) The accounts of the Agency/Authority shall be audited by the State/Local Government Auditors-General respectively.

24. Limitation of law suit. Any suit commenced against the Agency/Authority for any act done in pursuance of execution of its duties or authority shall not be instituted unless it is commenced within twelve months after the act, neglect or default or in case of a continuance of the damage or injury within twelve months after the ceasing thereof.

25. Notice of intending suit. (1) No suit shall be commenced against the Agency/Authority except a month’s notice of intention to sue has been served on the Agency/Authority. (2) Such notice shall state the cause of action, the name and place of abode of the intending plaintiff and the relief sought.