Kaduna State Community and Social Development Agency Law, No. 4 0f 2020

1. Short Title I 2. 3. Commencement Interpretation I PART II OBJECTIVES AND FUNCTIONS OF THE AGENCY I 4. 5. Objectives of the Agency Functions of the Agency I PART III CHARACTERISTICS AND RESPONSIBILITIES OF THE AGENCY I

6. Responsibilities of the Agency I CHARACTERISTICS AND RESPONSIBILITIES OF THE· I COMMUNITIES AND OTHER IMPLEMENTING BODIES

7. Responsibilities of the Committee I PARTIV I ESTABLISHMENT AND PROCEEDINGS OF THE AGENCY

8. ' Establishment of the Agency I 9. Governing Board and Composition

10. Vacation of Office

11. Functions of the Board I 12. Tenure

13. Remuneration

14. Proceedings and Quorum of the Board I/ 15. Disclosure

16. - Power to Co-opt 1 -' - 17. Director-General Community and S00~7/ Development Law 202() Page 1 of 17 I I I - I

18. Secretary of the Agency

19. Department I 20. 21 . 22. Protection of Member Regulations Funds and Resources I PARTV I -. FINANCIAL PROVISIONS

23. Powers to Accept Gifts

24. Management of Funds

25. Annual Repo11s

26. Power to Borrow

27. Budget Estimates I PART VI I MISCELLANEOUS

28. Limitation of Action against Agency, Pre-Action Notice Etc. I 29. 30. Service of Documents Pension Rights

31. Repeal I 32. Saving I I I I I I I·- ,.. I Community and Social Development La~ 20r:"O Page 2 of 17 I I I I KADUNA STATE COMMUNITY AND SOCIAL DEVELOPMENT AGENCY LAW, 2020 I ~~~~··,~ ..... I .. I -- Kaduna State of Nigeria Law No ... .A:-:-......... 2020 k (f ~ 'l. 2..0 ) Date of Commencement I BE IT ENACTED by the House of Assembly of Kaduna State as Enactment I follows: 1 PART I I PRELIMINARY

1. This Law may be cited as the Kaduna State Community and Short Title I Social Development Agency Law, 2020. I Yli:

2. This Law shall come into operation on the .. ... 1 ... .... ... day of Com mencement I ... .. .. .. .... .. .. ~ ~···· ····· ······2020.

3. In this Law, .unless the context otherwise requires: I Interpretation "Agency" means the Kaduna State Community and Social I Development Agency; "Committee" means the Agency's Management Committee; I "Community" means a group of people living in one place, locality or district; "Demand Driven Approach" means that the beneficiary community proposes and selects desired projects; "Donor" means a Country, organisation or individual making contribution ·to a project; Community and Social Development Law 2020 Page J of 17 I I I I I "Director-General" means the Chief Executive Officer of the Agency; I "Governor" means Governor of Kaduna State; I- "Governor's Office" includes the office of the Deputy Governor; "House of Assembly" means the Kaduna State House of I -- Assembly; "Member" means a Member of the Governing Board and 1 includes the Director-General; "Operations Manual" means a reference handbook to guide the I implementation of the project; "Project" means work or activity that is organised to improve I the living condition of the poor in a community; I "Social fund" means pool of resources fliom which the project can be financed; I "Stakeholder" means a person or organisation that has shares and interest in the project"; and I "State" means Kaduna State of Nigeria. I PART II OBJECTIVES AND FUNCTIONS OF THE AGENCY I 4. The objectives of the Agency shall be to: 1 Objectives of the Agency (a) improve the socio-economic conditions of the population at the grassroots level by promoting prompt delivery of services geared towards poverty reduction in the State; (b) encourage and increase the capacity of communities to participate in Community Development Projects; (c) ensure community participation in the maintenance of projects after their completion .

5. The functions of the Agency shall be to: Functions of the Agency Community and Social Development Law., 2020 Page 4 of 17 I I (a) to formulate policies and strategies for the effective implementation of Projects geared towards poverty reduction and community development in the State; I (b) appraise application received on projects against effective criteria spelt out in the operation manual to determine 1- those projects to support, reject or revise; 1-, (c) disburse such funds provided to it by Donors or the State Government in support of poverty reduction to beneficiary communities; I (d) carry out public enlightenment and mobilisation of communities towards poverty reduction; (e) render advisory services and support to local communities, government, individuals and organizations in project implementation and management where I necessary; (f) disburse such funds pr0vided to it by donors or the State I or Local Governments in support of poverty reduction to beneficiary communities; I (g) initiate appropriate policy action on the impact and measures aimed at combating poverty in the State; I (h) prepare and submit to Government a consolidated annual • budget and annual work-plan of the Agency; I (i) supervise, monitor and evaluate the implementation of the community, rural and social development I programmes in the State; (j) liaise with State Ministries, Departments, Local I Governments, Statutory Bodies, Research Agencies, Donor Agencies, Domestic and International Organisations and Communities to ensure effective I implementation of Projects; (k) . perform such other functions as may be expedient I toward the realisation of the above functions. 1· PART III 1· CHARACTERISTICS AND RESPONSIBILITIES Community and Social Development Lavv,, 2020 Page 5 of 17 I I I I I OF THE AGENCY

6. (1) The Agency shall be responsible for improving the socio- Responsibilities of the Agency economic conditions of the population at the grassroots and shall have the characteristics and responsibilities as I -- contained in this Section. 1- (2) The projects selection based on demand-driven approach shall be from among those proposed by the beneficiary communities. (3) The Agency shall cooµerate 1 with the other implementing I bodies elected by the communities, support and facilitate the efforts of local communities to ensure the provision of expertise in project implementation and management for I communities that lack the skill or know-how to act alone. I (4) The Agency shall ensure the implementation of the projects to be carried out in a decentralized, practical and I flexible way. I CHARACTERISTICS AND RESPONSIBILITIES OF THE COMMUNITIES AND OTHER IMPLEMENTING BODIES I 7. ( 1) The communities and other implementing bodies elected by the Agency shall identify and propose the projects for Responsibilities of the Committee I selection by the Agency. (2) The implementing bodies elected by the communities shall I carry out the implementation of the project in a decentralized, practical and flexible way. I (3) , The Communities shall be responsible for preparation, implementation and supervision of the projects, and funds contributed by the communities shall be directly managed by the communities. PART IV ESTABLISHMENT AND PROCEEDINGS Community and Social Development Law, 2020 Page 6 of 17 I I I OF THE AGENCY

8. (1) There is established an Agency to be known as the Establishment of the Agency Kaduna State Community and Social Development Agency. I .- (2) The Agency shall: I -- (a) be a body corporate with perpetual succession and a common seal and shall have power to sue and be sued in its corporate name; and (b) have power to acquire and hold property whether moveable or immoveable. I 9. (1) The Agency shall have a Governing Board which shall be Governing Board and Composition its policy making body. I (2) The Board shall comprise of the following members to be ·1 appointed by the Governor: (a) a Chairman; I (b) ex-officio members not below the rank of a Director representing the following Ministries, I Commissions or Departments responsible for: (i) Human Services and Social Development; I (ii) Finance; I (iii) Planning and Budget; I (iv) Public Works and Infrastructure; (v) Local Government Affairs; I (vi) Agriculture; and I (vii) Community and Social Development. I" (c) three (3) persons representing the three Senatorial Districts at least two (2) of whom shall be women chosen from various professional backgrounds. I 1· Community and Social Development Law., 20.?D Page 7 of 17 I I I I I (d) two persons Organisations. representing Civil Society I (e) the Director-General of the Agency. I·- (f) the Secretary/Legal Adviser of the Agency to serve as Secretary to the Board. 1· 10. (1) Notwithstanding the provisions of this Law, a member shall vacate office if: Vacation of Office I (a) he gives one month notice in writing to the Governor of his intention to resign; I (b) he is convicted of any crime involving dishonesty or fraud; I (c) (d) he attains the age of 70 years; he attended fewer than 75% of the Board's I (e) meetings in a year; he is barred from practicing his profession by any I (f) professional body to which he belongs; he becomes bankrupt; I (g) he becomes of unsound mind or incapable of carrying out his duties; I (h) he is guilty of serious misconduct with relation to his duties as a member of the Board; I (i) he is removed by the Governor in the public interest; or I U) in the case of a person who becomes a member by virtue of the office he holds, ceases to hold that I office. (2) Where a member of the Board ceases to hold office for I any reason whatsoever, before expiration of the term for which he is appointed, another person representing the I·. same interest as that member shall be appointed to the Board for the rest of the term.

11. The functions of the Board shall be to: 1· Functions of the Board Community and Social Development t.a w/ 202(; Page 8 of 17 I I I - - - - -- - --- I I (a) provide overall policy guidance in the management of the Agency; I (b) approve annual work plans/proposed budget of the Agency; I- (c) ensure appropriate monitoring of various stages of Project circle as well as ensuring that milestones are met I within set timelines; (d) review and approve Projects to ensure community I involvement in Project prioritisation and identification; (e) ensure compliance with governance and public I expenditure reform criteria; and (f) ensure that relevant reports are submitted to the State I Government, Federal Government and Donor Agencies as necessary. I 12. The Chairman and members of the Board shall hold office for a term of four years and may be reappointed for another term of Tenure I 13. four years only. The members of the Board shall be paid such remuneration and Remuneration I 14. allowances as may be determined by the Governor. (1) The Board shall meet for the conduct of its business as Proceedings and Quorum of the Board I often as is necessary and expedient, and subject to this section, may adjourn, close and otherwise regulate its meetings and procedure as it deems fit. I (2) The Chairman shall preside in all meetings of the Board and in his absence, the members present at the meeting I shall nominate one of the members of the Board present . to preside. I (3) All decisions of the Board shall be on the basis of simple majority of the members present and voting. I (4) No act or proceeding of the Board shall be invalidated merely on the ground of existence of any vacancy or I·- defect in the constitution of the Board, except where actions are not supported by a quorum. 1-~ Community and Social Development Law, 2 U./ t7 Page 9 of 17 I I I I I (5) The quorum for the meeting of the Board shall be five (5) and each member present shall have one vote on each question before the Board and, in the event of an I equality of votes, the Chairman shall have a casting vote in addition to a deliberative vote. I -~ (6) For a meeting of the Board to review any previous decision or order taken by the Board, the quorum shall 1· not be less than three (3) members of the Board present when the decision was taken or the Order was made. I (7) The Board may make standing order relating to the proceedings of the Board or any of its committees. I (8) The Board shall meet at least once in every quarter of the year or as may be expedient for transactions of business I and such meetings shall be held at such places and times as the Board may determine. I (9) The Chairman may at anytime call special meetings of the Board and also shall do so on being requested in writing by at least four members of the Board. I 15. (1) Where a member of the Board, the Director-General, a Disclosure member of Staff of the Agency or any person engaged by I the Agency has pecuniary interest or other beneficial interest in, or material to, any matter which is to be considered by the Board, the person shall: (a) disclose to the Board the nature of interest in advance before the consideration of the matter; (b) neither influence nor seek to influence a decision relating to the matter; (c) not take part in the consideration of the matter; and (d) withdraw from the meeting as long as the matter is being discussed or considered and neither vote nor 1-~ otherwise act in consideration of the matter. (2) Any interest that accrued to the member for non- disclosure shall abet. I Community and Social Development Law. 2020 Page 10 of 17 I I I I I (3) Any member who contravenes subsections (1) and (2) of this section commits an offence and is liable to fine of Nl00,000.00 or two years imprisonment or both. I (4) If a member referred to in this section takes part in the I- consideration of a matter in which his private interests are in conflict with his function as a member, the other members may subsequently ratify any such decision or 1- action.

16. Where the Agency desires to obtain the advice/services of any Power to Co-opt 1 person on any matter, the Agency may co-opt such person to be a member for such meeting or meetings as may be required, and any such person while so co-opted shall have all the rights I and privileges of a member of the Agency save that he shall not be entitled to vote on any question or count towards a quorum. I 17. (1) There shall be a Director-General for the Agency who shall be appointed by the Governor. Director-General I (2) The Director-General shall be a person with cognate experience in rural development and public administration, I and possesses the relevant and adequate professional qualifications. I (3) The Director-General shall be: (a) the Chief Executive and Accounting Officer of the Agency; I (b) responsible for executing the policy and day-to-day administration of the affairs of the Agency. I (4) The Director-General shall hold office: (a) for a term of four (4) years ir:i the first instance and I may be reappointed for another term of Four years only; and I • (b) on such terms and conditions as may be specified in his letter of appointment as approved by the I Governor. (5) The Director-General may resign his appointment by I notice in writing, addressed to the Governor and his Community and Social Development Law., 20)0 Page 11 of 17 -I I I I appointment shall cease on the date of acceptance of his resignation by the Governor. I 18. (1) There shall be a Secretary and Legal Adviser for the Agency, who shall be responsible to the Director-General SecretaryoftheAgency for the discharge of his functions. I (2) The Secretary shall be a Legal Practitioner with at least I seven (7) years post-call and shall be responsible for: (a) arranging meetings of the Board and its constituted I committees; (b) preparation of the agenda and the minutes of such I meetings; I (c) conveying decisions of the Board to all relevant parties; I (d) keeping records and books of the proceedings of the Agency; I (e) responsible for the day-to-day administration of the Agency; and I (f) generally performing all other duties affecting the Agency as may be assigned to him by the Director- General. I 19. The Agency shall subject to the approval of the Governor, Departments I establish such Departments as it deems necessary which shall include: I (a) Operations; (b) Finance and Administration; and I (c) Monitoring and Evaluation.

20. (1) No Staff of the Agency shall be sued in his personal I capacity for any act done or omitted to be done in the lawful performance of his duties under this Law. ProtectionofMembers I I Community and Social Development La~ 2020 Page 12 of 17 I I I I I (2) (i) The Board may appoint standing or ad l1oc committee to perform on behalf of the Board, some of its functions as the Board may determine. I (ii) A Committee appointed under this paragraph shall I- consist of such number of persons (not necessarily all members of the Board) as may be determined by the Board. (iii) A decision of a Committee of the Board shall be of I no effect until it is confirmed by the Board. (3) (i) The Common Seal of the Agency shall not be used I or affixed to any document except in pursuance of resolution duly passed at a meeting of the Board and recorded in the minutes of such meetings; I (ii) The Secretary shall have custody of the Common I Seal of the Agency and be responsible for fixing the Common Seal into any document; I (iii) The fixing of Common Seal shall be authenticated by the signature of the Chairman and Secretary; and I (iv) Any document purporting to be a document duly I executed under the Common Seal of the Agency shall be received in evidence and shall unless the contrary is proved, be deemed to be so executed . I 21. The Board may, subject to the provisions of this Law, make Regulations rules prescribing the following: I (i) the qualifications and mode of appointment of staff of the Agency; I (ii) the terms and conditions of service of employees; I (iii) such other matters relating to department procedures, duties and responsibilities of employees. 1- 1 PARTV Community and Social Development La~ 2020 Page 13 of 17 I I I I I FINANCIAL PROVISIONS

22. The funds and resources of the Agency shall consist of: Funds and Resources I (a) all sums, investments or other property vested in the I- (b) Agency by virtue of the provisions of this Law; such sums or other property as may from time to time be advanced by way of loans or grants to the Agency by I any Federal, State, or local government, any international organisation, and private foundation or any person whatsoever; I (c) any investments or other property whatsoever acquired by the Agency; and I (d) any money allocated to the Agency by the State House of Assembly as budgetary allocation or such other money as I may from time to time accrue to the Agency.

23. The Agency may accept gifts, grant or donation of land, money Power to Accept Gifts I or other property from any person upon such terms and conditions acceptable to the Agency. I 24. The Agency shall apply its funds to defray the following charges: Management of Funds I (a) the allowances of the members of the Governing Board of the Agency; I (b) the salaries, remuneration, fees, allowances, pensions of the staff, employees, a.gents, technical and other advisers I (c) or consultants of the Agency; such works of a capital nature as the Agency may deem necessary; I (d) taxes, rates and other levies payable by the Agency I (e) under any Law; interest on loans raised by and on behalf of the Agency; I (f) and such other expenditure as the Agency may approve for I.~ payment out of the funds of the Agency in respect of any financial year. I Community and Social Development Law, 202rJ Page 14 of 17 I I -------- - I I 25. (1) The Agency shall keep and maintain proper books of accounts and record of all its transactions and activities Annual Reports during each financial year. I (2) The Agency shall within two months after the end of each financial year cause the account of the Agency relating to I the previous year to be audited by the Auditor-General of the State or by any other person authorized in that beh~lf I- by him. (3) The Agency shall within three months after the end of I each financial year submit to the Commissioner responsible for Rural and Community Development an annual report of its activities for that year and shall I include in the report a copy of the audited accounts and the comments of the auditor thereon. I 26. The Agency shall not later than 30 th September in each year, Budget Estimates submit to the Commissioner for Planning and Budget an I estimate of its expenditure and income (including payment to the Agency) for the next succeeding year. I 27. (1) The Agency may from time to time, with the approval of the Governor borrow from any person, government or Power to Borrow I multilateral financial institution, or by overdraft from banks, or in any other manner, money for and in connection with the exercise of its functions under this I Law as the Agency may deem necessary. (2) An approval given for the purposes of this section may be I either general or limited to a particular borrowing and any specified conditions. I PART VI MISCELLANEOUS I 28. (1) No suit shall be instituted in any court against the Limitation of Action Against Agency, Pre- Agency, a member of the Agency, any staff or other Action Notice Etc. m- employee of the Agency for any act done in pursuance or execution of this Law, or public duties or in respect of any alleged neglect or default in the execution of this Law, duties or authority, unless: 1- Community and Social Development Lav..~ 2020 Page 15 of 17 1 I I I I (a) it is commenced within six months immediately following the act, neglect or default complained; or I (b) in the case of continuation of damage or injury, within six months next after the ceasing thereof. I (2) No suit shall be commenced against the Agency or any staff, other employee of the Agency before the expiration . of a period of one month after written notice of intention I to commence the suit shall have been served on the Agency by the intending plaintiff or his agent; and the notice shall clearly and explicitly state the: I (a) cause of action; I (b) particulars of claim; (c) name and place of the abode of the intending I plaintiff; and I (d) relief which he claims.

29. The notice referred to in subsection (2) of Section 28 of this ServiceofDocuments I Law, and any summons, notice or other document required or authorized to be served upon the Agency under the provisions of this Law may be served by delivering the same to the office I of the General-Manager at the Principal office of the Agency.

30. Employees of the Authority shall be entitled to pension as may Pension Rights I be prescribed by the Pension Law applicable in the state.

31. The Kaduna State Community and Social Development Agency I Repeal Law No. 16, 2016 is hereby repealed .

32. All actions taken in pursuance to the repealed Law shall be I savings deemed to have been made under this Law. I ~ T~ ..... . day of .. ............................ DATED AT KADUNA this ............... .. ..... .... ... ... . 2020. I 1_: Malam Nasir Ahmad el-Rufa'i, 1· Gov~ ~ ~una S~~te. Community and Social Development L.a~ 2020 Page 16 of 17 I I I I EXPLANATORY NOTE I (This note does not form part of this Law and has no legal effect). I I The purpose of this Law is to substitute the Kaduna State Community and Social Development Agency Law No. 16, 2016. I, This printed impression has been carefully compared with the Bill which has been passed by the Kaduna State House of Assembly and found to be true and correct printed copy of the said Bill. r- . I RT.HON. YU~ ! ; :ILANI BELLO ZUBAIRU IDRIS Esq. (Speaker) (Clerk to the Legislature) I I I I I I I I 11 1· Community and Social Development La~ 2020 Page 17of 17 I I I