National Commission for Social Action Act, 2001 (No. 13 of 2001)

1. Commencement.

2. Interpretation. PART II-ESTABLISHMENT OF COMMISSION

3. Establishment of Commission.

4. Board of Directors.

5. Tenure of appointed members.

6. Remuneration of members of Board.

7. Meetings of Board.

8. Disclosure of interest.

9. Functions of Board.

10. Protection of members of Board. PART III-FUNCTIONS OF COMMISSION

11. Functions of Commission.

12. Powers of Commission.

13. Organisation of Commission. PART IV -ADMINISTRATIVE PROVISIONS

14. Appointment of Commissioner and Deputy Commissioner.

15. Functions of Commissioner.

16. Expenses of Commission.

17. Accounts and audit. 18.. Annual report of Commission.

19. Rules and regulations.

20. Duration of Commission. SIGNED this 30th day of November. 200]. ALHAJI AHMAD TEJAN KABBAH, President. No. 13 2001 Sierra Leone The National Commission for Social Action Short title. Act, 2001. Being an Act to establish a national eommrssron for reconstruction and sustainable development activities and to provide for other related matters. [ J Date of com- mencement. E~AcrED by the President and Members of Parliament in this present Parliament assembled. 2 No. 13 National Commission for Social Action Act 2001 PART I-PREUMINARY - Commence- 1. This Act shall come into operation on a date to be fixed by ment. the President by statutory instrument. Interpretation. 2. In this Act, unless the context otherwise requires- "Board" means the Board of Directors established by section 4~ "Chairman" means the Chairman of the Board appointed under subsection (1) of section 5~ "donor" means any person or organization who or which contributes anything not being public funds, whether in cash or in kind, to meet the expenses of the Commission; "Commissioner" means the person appointed as Commissioner under subsection (1) of section 14; "Commission" means the National Commission for Social Action established by section 3; "member" means a member of the Board. PART II-ESTABUSHMENT OF COMMISSION Establishment 3. (1) There is hereby established a Commission to be known of Commission. as the National Commission for Social Action. (2) The Commission shall be a body corporate having perpetual succession and capable of acquiring, holding and disposing of any property, whether movable or immovable, and of suing and being sued in its corporate name and, subject to this Act, of performing all such acts as bodies corporate may by law perform. Board of 4. (l) The governing body of the Commission shall be a Directors. Board in which shall be vested, subject to this Act, the supervision of the Commission. No. 13 National Commission for Social Action Act 2001 l 3 r"'J) The Board shall consist of a Chairman and the following ~-~ members:- (a) two persons being senior officials designated as representatives each of such Ministries or departments as the President shall determine; (b) two members representing the donors and nominated by the donors ~ (c) two members representing such other stakeholder group or groups as the President shall determine. (d) The Commissioner as ex-officio.

5. The Chairman and the other members referred to in Tenure of (1) paragraphs (b) and (c) of subsection (2) of section 4 shall be appointed appo~ed by the President, subject to the approval of Parliament. mem rs. (2) The Chairman and the members appointed under subsection (1) shall hold office for a term of two years and any such appointment may be renewed as and when necessary for a further term of two vears. ~ (3) On the death or vacation of office of the Chairman or any of the other members appointed under subsection (1), whether such vacation is by termination or otherwise, the President may appoint in like manner another person to serve for the unexpired term of the I Chairman or other member, as the case may be. (4) The Chairman or any member appointed under subsection (1) may resign his office by written notice to the President I and may be removed from office by the President for inability to discharge the functions of his office, whether arising from infirmity of mind or body or any other cause, or for misconduct.

6. The Chairman and the other members shall each be paid an Remun~ration honorarium or a fee of Lel.50,CXX)'(x) for each meeting that they attend. ~o:~Ders of

7. (1) The Board shall meet two times in a year within an Meetings of I ~ interval of six months. Board. I 4 No. 13 National Commission for Social Action Act 2001 Provided that extraordinary meetmgs may be held at the writre-, request of the Chairman or two-thirds of the mem bership of the Board, (2) At a meeting of the Board where he is present, the Chairman shall preside and, in his absence, the members present max elect one of their number to preside. . (3) The quorum at a meeting of the Board shall be t\\'o- thirds of the membership of the Board. (4) Each member shall have one vote but in the case of an equality of votes, the Chairman shall have a casting vote. (5) The Board may at any time co-opt any person to advise or otherwise assist the Board at any of its meetings but the person co- opted shall not vote on any matter for decision by the Board, (6) All acts, matters or things authorized or required to be done by the Board shallbe decided at a meeting where a quorum is present and the decision is supported by the votes of at least two-thirds of the members. (7) Any proposal circulated among all members and agreed to in writing by a two-thirds majority of all members shall be of the same force or effect as a decision made at a duly constituted meeting of the Board and shall be incorporated in the minutes of the next succeeding meeting of the Board: Provided that, if a member requires that such proposal be placed before a meeting of the Board, this subsection shall not apply to such proposal .. (8) The Board shall cause minutes of all of its meetings to be taken and kept as a public record. Disclosure of 8. (1) Any member having a personal interest, whether interest pecuniary or otherwise, direct or indirect, in any contract of the Commission or in any company or concern with which the Commission proposes to make any contract, shall disclose to the Board the fact of such interest and the nature thereof, and such disclosure shall be recorded in the minutes of the Board, and such member shall take no part in any deliberation or decision of the Board relating to such contract. ~o. 13 National Commission .fLIT Social Anion Act 2001 5 C21 Any member who contravenes subsection 0) shall be gUll ty of misconduct and liable 10 removal from the Board.

9. (1) It shall be the function of the Board to provide such Functions of policy guidance and advice to the Commission as will secure the BlWd effective Implementation of the functions of the Commission and enhance the overall performance of the Commission. (2) WIthout prejudice to the generality of subsection (1), the Board shall have responsi bility to- (a) renew and approve- (i ) the work-plan of the Commission for the ensuing six months together with a summary of a supporting budget showing principal categories of expenditure; and I j (ii) the report of the operations of the Commission, including a summary financial report of the preceding six months; (b) review annually the performance of the Commissioner and Deputy Commissioner of the Commission using the performance appraisal system established for the purpose; (c) determine at the end of every three vears whether or not the appointments of the Commissioner and Deputy Commissioner should be renewed: (d) review and approve an Operations Manual for the Commission and any amendments thereto; (e) assist in fund-raising for the Commission; and (f) foster cooperation between the Commission and relevant ministries, private sector partners and other interested parues. 6 No. 13 National Commission for Social Action Act 20(H Protecti on of 10. - No action, suit or other legal proceeding shall lie against am' members of Board, person who is or was a member of the Board in respect of any decisio~ taken or any act done or omitted to be done in good faith in the performance of any function under this Act. PART III-FUNCTIONS OF COMMISSION Functions of 11. (1) The object for which the Commission is established is Commission, to promote communi ty- based, demand-driven and sustainable development activities leading to the alleviation of poverty and improvement in the speed, quality and impact of development initi~tives in cooperation with non-governmental organisations, communitv.; based organisations, relevant ministries, private sector partners and other interested parties. (2)Without prejudice to the generality of subsection 0), the Commission shall have responsibility- (a) during a transitional period to be determmed b)' the Government and the donor or donors, on behalf of the Government, to assume all the functions conferred on the National Commission for Reconstruction, Resettlement and Rehabilitation irnmediatelv before the '" commencement of this Act, including, in particular, the overall planning, programming, coordination, supervision and monitoring of all humanitarian, re-integration, resettlement and reconstruction activities so as to improve the nation's capacity to absorb and use both relief and development assistance effectively; (b) to maintain itself as a sustainable national institution for the purposes of the object stated in subsection (1); (c) to ensure appropriate use of donor resources (where applicable) in a transparent mam.er: and (d) to undertake public education campaigns on its purposes and procedures; and (e) to do all such things as will contribute to the attainment of the object stated in subsection (l ). ~o. 13 National Commission for Social Anion An 2001 7

12. ( 1) The Commission shall have power >- PO\\eb \...If C\)mml~';llln tal to seek funding from donors to finance its activiues but shall. as far as possible, in the \;t Implementation of programmes ensure that its discussions \\i th donors are coordinated with relevant ministries and other departments: and (b) subject to the approval of the Board, to develop and adopt an Operations Manual setting. out the policies and procedures or the Commission and cri teria for sub-project selection and information on such other procedural. management, financial and adnunistrati \C arrangements as it considers necessary for the efficient performance of Its functions. c) Amendments rna), with the approval of the Board, be made to the Operations Manual referred to in paragraph (b) of subsection (l) to take Into account changing ,. ...... ....... needs and circumstances of the Commission and any special requirements of donors or potential donors: Provided that every donor shall be consulted before any amendment to the Operations Manual is made and shall be given the opportunity or right to be heard in respect of any objection to the amendment. Nothing in this Act shall affect any funding agreement (3) sizned ... between the Government and anv donor and in force immediately"' ~ before the commencement of this Act.

13. (1) The Commission shall have a central office located in Organi sau on of Freetown and such provincial or district offices or both as it may (~nmml~~ion, consider necessary for the efficient performance of its functions. The offices referred to in subsection (I) shall have such (2) departments and units as may be necessary for the purposes of the Commission. (3)The Commission shall establish, at the national and regional levels, review committees on which shall be represented all stake holders of the Commission and whose functions shall be- _ _" __ __• "~'III\M:iJJI , _ 8 No. 13 National Commission for Social Act/on Act 2001 (aj \\'l determine whether proposed sub-projcci, satisfv• the Commissions critcna for fJn:lncIn12<- and are consistent with the object» es of the Commission: and (b) to approve or disapprove of proposed sub- , projects in accordance wi th the procedures laid i down in the Operations Manual o! the Commission. PART IV -ADlvlINISTRATIVE PROVISIONS I Appointment 14. (1) The Commission shall have a Commissioner and a of Cammi ssioner Deputy Commissioner both of whom shall be appointed by the Presidem and Deputy subject to the approval of Parliament. Cammi ssioner (2) No person shall be appointed a Commissioner unless he has proven knowledge and ability in the management of development projects or in the management of an organisation similar to the Commission or both. Functions of 15. (l) The Commissioner shall be responsible to the Board for Commissioner the performance of the following functions:- f j (a) to provide overall leadership in the conduct. f and management of the day-to-day business or . activities of the Commission; j (b) to organize fund-raising from donors, both existing and prospective: (c) to initiate and maintain high-level contact with interested parties, both local and international, in relevant areas of the development process; (d) to monitor and supervise the preparation of the semi -annual budgets and reports of the Commission for the review and approval of the Board; '\0.13 \(/7/011111 Conuuission [or Social Action ACT 2001 (e) l(~ q gn l.'( -ntracis and other legal Instrument" that hu. e been appro\ cd by national or regional <ub-projcrt , . re\ 1('\\ cornnuuccs nr both or b\. the B'lJ.rJ :.1:-- appropriate and consistent with the Operations Manual or the C Oml111 ssion: (!) to rccrun and appomt such otllcers and starr bclo« the le\ el ell' Dcputx Comnusxioner as IS l.'on";IJcrcJ neCCSScH\ l or the cflic i en r perfoimanc c ,)1 the l u nc u on-, or the COI11Il1IS"IOn under thi- Act: Pl,1\ Ided that in nEtkmg an) appouumcnt. the Conurussioncr <hall !11111t reLTUJLI11Cl1t t,) J-X lSIl!On.., lor \\ 11lCh there arc \ acancics. each \\ ith J.!,)b dc-cr.puon and J connnumg justification: l(~ ensure non-discnminauon and equality of treatment Cor all applicants for employment and the stall: to oversee the work and diSCI pi me of the other starr ur the Fund: Jnd (1) to earn out such other i unctions as max. be - ass: ...ancd b\. ihc Board or ncccssarx- for the purposes of the Comrnisxion. \ 2) In the performance ol his functions under this section, the Commissioner shall be assisted pri nci pall y by the Deput ~ Commissioner who shall also act fOI the Commissioner In the absence of the latter.

16. The expenses of the Commission shall be met l rom >- l'\.l)('n:,e~ or , .ornrmssron (a) contributions of the Government paid out or public funds; and 10 No. 13 National Commission for Social Action Act 2001 (b) contributions or payments from donors and other interested parties. Accounts and 17. ( 1) The Comrni ssion shall keep proper books of account audit. and other records in relation to the activities, property and finances of the Commission and shall prepare in respect of each financial year of the Commission a statement of accounts in the form approved by the Auditor-General and designed to ensure the correct use of the finances of the Commission. (2) The accounts of the Commission kept under subsection (1) shall be audited every six months by the Auditor-General or an audi tor appointed by him. Annual report 18. ( 1) The Commissioner shall, within three months after the of end of each financial year, submit for the approval of the Board an Commission. annual report of the activities, operations, undertakings, property and finances of the Commission for that year. (2) Subject to subsection (1), an annual report shall include- (a) a copy of the audited accounts of the Commission together with the audit report thereon; and (b) the semi-annual summary financial reports of the Commission for the preceding year approved by the Board. (3) A copy of the annual report approved by the Board shall be sent to the President not later than three months after the end of the year to which the report relates and the President shall as soon as possible but not later than one month after the receipt of the report cause the report to be laid before Parliament. Rules and 19. The Commission may, by statutory instrument, make such regulations. rules and regulations as it may consider necessary or expedient for giving effect to the provisions of this Act. No. 13 National Commission for Social Action Act 2001 .. 11

20. The Commission shall operate for a period of three years Duration ~ . . Commission. from the date of the commencement of this Act but the President may, by statutory instrument, extend the period of operation. PASSED in Parliament this 15th day of November in the year of our Lord two thousand and one.

1. A. CARPENTER, Clerk of Parliament. THIS PRI!'.T'fED IMPRESSION has been carefully compared by me with the Bill which has passed Parliament and found by me to be a true and correctly printed copy of the said Bill. J. A. CARPENTER, Clerk of Parliament.