POPULATION ACTIVITIES FUND ACT

ARRANGEMENT OF SECTIONS

PART I

Establishment of the Population Activities Fund

SECTION

1. Establishment of the Population Activities Fund.
2. Establishment and membership of the Governing Council of the Fund.
3. Objectives of the Fund.
4. Functions of the Council.

PART II

Establishment of the Population Research Fund

1. Establishment and functions of the Population Research Fund.
2. Establishment and membership of the Governing Board of the Research Fund.

PART III

Establishment of the Population Activities Fund Agency

1. Establishment and functions of the Population Activities Fund Agency.
2. Executive Director of the Agency.

PART IV

Financial provisions

1. Expenditure of the Fund.
2. Application of grants, etc.
3. Borrowing power.
4. Power to invest surplus money.
5. Power to accept gifts.
6. Exemption from tax.
7. Annual estimates, account and audit.
8. Annual report.

PART V

Miscellaneous

1. Power of Minister to give directives.
2. Regulations.
3. Interpretation.
4. Citation.

SCHEDULE

Supplementary provisions relating to the Council

POPULATION ACTIVITIES FUND ACT

An Act to establish the Population Activities Fund to provide grants to Federal and
State Government agencies, local governments and non-governmental organisa-
tions for population related projects and for matters connected therewith.

[1994 No. 19.]

[9th November, 1994]

[Commencement.]

PART I

Establishment of the Population Activities Fund

1. Establishment of the Population Activities Fund

(1) There is hereby established for the purpose of providing the Federal and State
Government agencies, local governments and non-governmental organisations grants for
population related projects a fund to be known as the Population Activities Fund (in this
Act referred to as “the Fund”).

(2) The Fund established by subsection (1) of this section shall consist of-

(a)        the sum of U.S.$900,800,000, contributed as follows, that is-

(i)    84 per cent from the World Bank International Development Associa-
tion totalling a sum of U.S.$760,800,000;

(ii)     16 per cent from the Federal Government of Nigeria totalling a sum of
U.S.$150,300,000; and

(b)       such money as may be raised by way of contributions by the Governing Coun-
cil of the Fund established by section 2 of this Act.

1. Establishment and membership of the Governing Council of the Fund

(1) There is hereby established for the purposes of the Fund a body to be known as
the Governing Council of the Fund (in this Act referred to as “the Council”).

(2) The Council shall consist of the Minister as the chairman and the following other
members, that is-

(a)       the Minister of Education or his representative who shall be an officer not be-
low the rank of a Director or its equivalent in the public service of the Federa-
tion;

                                (b)       the Minister of Sports and Youth Development or his representative who shall
be an officer not below the rank of a Director or its equivalent in the public
service of the Federation;

(c)       the Chief Executive of the National Planning Commission or his representative
who shall be an officer not below the rank of a Director or its equivalent in the
public service of the Federation;

(d)       the chairman of the National Population Commission or his representative;

(e)        the Director, Department of Population Activities of the Ministry;

(f)         the Director, Planned Parenthood Federation of Nigeria;

(g)       a representative of the National Consultative Group on Population for Devel-
opment; and

(h)        the Executive Director of the Agency.

(3) The supplementary provisions contained in the Schedule to this Act shall have ef-
fect with respect to the proceedings of the Council and the other matters therein men-
tioned.

[Schedule.)

1. Objectives of the Fund

The objectives of the Fund shall be-

(a)       the integration of family planning into maternal and child health system;

(b)       the promotion of family planning through health education;

(c)        the establishment of secondary centres for reproduction healthcare in specific

States of the Federation;

(d)       the establishment of research centres in specific teaching hospitals;

(e)        the development of the population or family life education in primary schools;

(f)         the establishment of population information units in the Federal Ministry of
Information and Culture for the dissemination of population activities in Nige-
ria;

     (g)       the development of population education in the Nigerian Education Research
and Development Council;

(h)       the monitoring of demographic impact of the national population programme
through a survey system;

(i)        the integration of population activities into national development planning;

(j)        the strengthening of capabilities of the Department of Population Activities in
the Ministry;

(k)       the carrying out of future population-related projects in accordance with the
National Population Policy; and

(l)        the carrying out of such other activities as are necessary and expedient for the
purpose of achieving the objectives set out in this section of this Act.

4. Functions of the Council

(1) Without prejudice to the generality of this Act, it shall be the res onsibility of the
Council to-

(a)       formulate the overall policy of the Agency;

        (b)       appraise all project proposals of the Agency estimate to cost from
U.S.$100,000up to a maximum of U.S.$500,000;

         (c)        review and approve the annual budget for the Agency;

(d)       mobilise additional financial and material resources for the successful imple-
mentation of the national population policy; and

(e)       carry out such other activities as are necessary and expedi nt for the full dis-
charge of any of the functions and duties conferred on the und or Agency by
this Act.

PART II

Establishment of the Population Research Fun

5. Establishment and functions of the Population Research Fund

There is hereby established for the purpose of conducting research into various areas
. of population, a Population Research Fund (in this Act referred to as “the Research
Fund”).

6. Establishment and membership of the Governing Board of the Research Fund

There is hereby established for the purposes of the Research Fund a Governing Board

(in this Act referred to as “the Board”) which shall consist of the following, that is-

(a)       the Minister, who shall be the chairman;

(b)       the Director-General, Nigerian Institute of Social and Economic Research;

(c)        the Director, Department of Population Activities of the Ministry;

(d)       the Executive Director of the Planned Parenthood Federation of Nigeria;

(e)        the Director of Research, National Population Commission;

(f)        the Director of Research, National Planning Commission;

(g)      one representative of the Federal Office of Statistics who shall be an officer
not below the rank of a Director;

(h)       the Executive Director of the Population Activities Fund Agency established
by section 7 of this Act; and

(i)         the Manager of the Research Fund.

PART III

Establishment of the Population Activities Fund Agency

1. Establishment and functions of the Population Activities Fund Agency

(1) There is hereby established a body to be known as the Population Activities Fund
Agency (in this Act referred to as “the Agency”) which shall be a body corporate with
perpetual succession and may sue and be sued in its corporate name.

(2) The Agency shall be responsible for-

(a)       receiving from the Federal Government such money as may be made available
for purposes of population progammes and disburse the money to such bodies
or organisations engaged in population activities in accordance with such for-
mula as the Agency may prescribe from time to time;

(b)       acting as the agency for channelling external aid into population programmes;

(c)                     liaising with and co-ordinating the activities of donors, multi-lateral and bi-
lateral agencies and non-governmental organisations engaged in population
activities;

(d)                    identifying, developing, appraising, monitoring and evaluating population re-
lated projects;

(e)        unding approved population projects and programmes;

(f)                    recommending appropriate materials and technical, financial and other support
for the implementation of the national population policy;

(g)                    maintaining the now of materials needed for the effective management of
population programmes through supply, logistics, inventory taking and related
activities; and

(h)       utilising the Fund, in general, on population related activities not otherwise
stated in the provision of this Act.

1. Executive Director of the Agency

(1) There shall be appointed by the President, on the recommendation of the Minis-
ter, an Executive Director for the Agency who shall have appropriate qualification and
experience.

(2) The Executive Director shall be the chief executive and accounting officer of the
Agency and shall be responsible to the Minister for the day-to-day management and op-
eration of the Fund.

(3) The Executive Director shall hold office on such terms and conditions as may be
specified in his letter of appointment and on such other terms as may be determined from
time to time by the President on the recommendation of the Minister.

(4) Without prejudice to the generality of his functions specified under subsection (2)
of this section, the Executive Director shall be responsible for-

(a)        accounting for all moneys collected, paid or otherwise expended under this Act;

     ( b)       the payment of all disbursements and expenses authorised by the Council un-
der this Act;

(c)        the carrying out of such other functions as may be assigned to him from time

to time by the Council.
(5) The Agency may appoint such other employees as it may require to assist the
Executive Director in the exercise of his functions under this Act.

(6) Employees of the Agency shall be public officers in the service of the government
of the Federation within the meaning of the Constitution of the Federal Republic of Nige-
ria 1999.

[Cap. C23.]

(7) The remuneration and terms of office of the other employees of the Agency shall
be determined by the Agency after consultation with the Minister.

PART IV

Financial provisions

1. Expenditure of the Fund

(1) The Fund shall be applied towards the realisation of the objectives of this Act.

(2) There shall be paid and credited to the Fund established by this Act such grants,
finances and advances as may be received from the Federal Government, the World
Bank, other donor agencies or such other donations as may be acceptable to the Council
and shall be applied-

(a)       to the cost of administration of the Fund and the Agency;

      (b)       for reimbursing members of the Council or of any committee set up by the
Council for such expenses as may be expressly authorised by the Council;

(c)        for the payment of salaries, fees or other remuneration, allowances, pensions
and gratuities payable to the employees of the Agency;

(d)       for the maintenance of any property vested in the Agency; and

(e)         for and in connection with all or any of its functions under this Act.

10. Application of grants, etc.

(l) Grants, finances or advances made pursuant to this Act shall not be applied for
any purpose other than the purpose for which the grant, finance or advance was made.

(2) Any person who applies any grant, finance or advance made pursuant to this Act
in contravention of subsection (1) of this section is guilty of an offence and liable on con-
viction to a fine of an amount not less than the amount of such grant, finance or advance
in respect of which the offence was committed or to imprisonment for a term of 5 years.

(3) Where an offence under this section is committed by a body corporate and it is
proved to have been committed with the consent, connivance of, or attributable to any
neglect on the part of the director, manager, secretary or other similar officer of the body
corporate or a person purporting to act in such capacity, he, as well as the body corporate,

shall be deemed to be guilty of the offence and shall be liable to be proceeded against and

punished as provided in subsection (2) of this section.

11. Borrowing power

The Agency may, with the consent of or in accordance with the approval of the Presi-
dent, borrow by way of loan or overdraft from any source, money required by the Fund
for meeting its obligations and discharging its functions under this Act.

12. Power to invest surplus money

The Agency may, subject to the provisions of this Act and the conditions of any prop-
erty, at any time, invest the surplus moneys of the Fund in such securities as may, from
time to time, be approved by the Minister.

13. Power to accept gifts

(1) The Agency may accept gi fts of land, money or other property upon such terms
and conditions, if any, as may be specified by the person or organisation making the gift.

(2) The Agency shall not accept any gift if the conditions attached by the person or
organisation making the gift are inconsistent with the objectives of the Fund under this
Act.

14. Exemption from tax

(1) The Agency shall be exempted from the payment of income tax on any income
accruing from investments made by the Agency or otherwise howsoever.

(2) the provisions of any enactment relating to the taxation of companies or trust
funds shall not apply to the Agency or the Fund.

15. Annual estimates, account and audit

( 1) The Agency shall cause to be prepared not later than 30 September in each year
an estimate of the expenditure and income of the Fund during the next succeeding year
and when prepared, they shall be submitted through the Minister to the President.

(2) The Agency shall cause to be kept proper accounts of the Fund and proper rec-
ords in relation thereto and when certified by the Council, such accounts shall be audited
by auditors appointed by the Agency from the list and in accordance with the guidelines
supplied by the Auditor-General for the Federation.

16. Annual report

The Agency shall not later than three months before the end of each year, submit to
the Minister a report on the activities and the administration the Agency in relation to the
Fund during the immediately preceding year and shall include in such reports the audi-
tor’s reports thereon.

PART V

Miscellaneous

17. Power of Minister to give directives

Subject to the provisions of this Act, the Minister may give to the Agency directives
of a general nature with regard to the exercise by the Agency of its functions under this
Act and it shall be the duty of the Agency to comply with the directives.

18. Regulations

The Minister may make such regulations as he deems to be necessary or expedient for
giving full effect to the provisions of this Act.

19. Interpretation

In this Act, unless the context otherwise requires-

“Agency” means the Population Activities Fund Agency established by section 7 of
this Act;

“Council” means the Governing Council of the Fund established by section 2 of this
Act;

“Executive Director” means the Executive Director to the Fund appointed by section 8
of this Act;

“Fund” means the Population Activities Fund established by section 1 of this Act;

“Minister” means the Minister charged with the responsibility for matters relating to
health; and “Ministry” shall be construed accordingly;

“Research Fund” means the Population Research Fund established by section 5 of
this Act.

20. Citation

This Act may be cited as the Population Activities Fund Act.

SCHEDULE
[Section 2 (3).]

Supplementary provisions relating to the Council

Proceedings of the Council

1. (1) Subject to this Act and section 27 of the Interpretation Act, the Council may make
standing orders regulating its proceedings or those of any of its committees.

[Cap. 123.]

(2) The quorum of the Council shall be the chairman and three other members and the
quorum of any committee of the Council shall be determined by the Council.

2. (1) The Council shall meet not less than two times in each year and subject thereto, the
Council 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 five other members, he shall summon a meet-
ing of the Council to be held within fourteen days from the date on which the notice is given.

(2) At any meeting of the Council, the chairman shall preside, but if he is absent, the
members present at the meeting shall appoint one of their number to preside at that meeting.

(3) Where the Council desires to obtain the advice of any person on a particular matter,
the Council may co-opt him as a member for such period as it thinks fit; but a person who is a
member by virtue of this sub-paragraph shall not be entitled to vote at any meeting of the
Council and shall not count towards a quorum.

Committees

3. (1) The Council may appoint one or more committees to carry out, on behalf of the Coun-
cil, such of its functions as the Council may determine.

(2) A committee appointed under this paragraph shall consist of such number of persons
(not necessarily members of the Council) as may be determined by the Council, and a person
other than a member of the Council shall hold office on the committee in accordance with the
terms of his appointment.

(3) A decision of a committee of the Council shall be of no effect until it is confirmed
by the Council.

Miscellaneous

4. (1) The fixing of the seal of the Agency shall be authenticated by the signature of the Ex-
ecutive Director or of any other person authorised generally or specially to act for that purpose
by the Council.

(2) Any contact or instrument which, if made or executed by a person not being a body
corporate, would not be required to be under seal, may be made or executed on behalf of the
Agency by the Executive Director or any person generally or specially authorised to act for
that purpose by the Council.

(3) Any document purporting to be a document duly executed under the seal of the
Agency shall be received in evidence and shall, unless and until the contrary is proved, be
presumed to be so executed.

5. The validity of any proceeding of the Council or of a committee thereof shall not be ad-
versely affected by any vacancy in the membership of the Council or committee, or by reason
that a person not entitled to do so took part in the proceedings of the Council or committee.

    SUBSIDIARY LEGISLATION

                    No Subsidiary Legislation