NATIONAL AGENCY FOR FOOD AND DRUG ADMINISTRATION AND CONTROL ACT
Section 11: Removal and discipline of senior staff.
(1) If it appears to the Council that there are reasons for believing that any person employed as a member of the senior staff of the Agency, other than the Director-General, should be removed from office on grounds of misconduct or inability to perform the functions of his office, the Council shall-
(a) give notice of those reasons to the person concerned;
(b) afford the person an opportunity of making representation on the matter to the Council in person;
(c) if the person concerned or any three members of the Council so request within the period of one month beginning with the date of the notice, make arrangement-
(i) for a committee of the Council to investigate the matter and to report on it to the Council; and
(ii) for the person in question to be afforded an opportunity of appearing before and being heard by the investigating committee on the matter.
(2) If the Council, after considering the report of the investigating committee, is satisfied that the person in question should be removed as aforesaid, the Council may remove the person concerned by an instrument in writing signed on the direction of the Council.
(3) The Director-General of the Agency may, in a case of misconduct by a member of staff which in the opinion of the Director-General is prejudicial to the interest of the Council, suspend such member of staff and any such suspension shall forthwith be reported to the Council.
(4) For good cause, any member of staff may be suspended from office or his appointment may be terminated by the Council and for the purposes of this subsection, "good cause" means-
(a) any physical or mental incapacity which the Council after obtaining medical advice, considers to render the person concerned unfit for the discharge of the functions of his office; or
(b) conduct of a scandalous or other disgraceful nature which the Council considers to be such as to render the person concerned unfit to continue to hold his office; or
(c) conduct which the Council considers to be such as to constitute failure or inability of the person concerned to discharge the functions of his office or to comply with the terms and condition of his service.
(5) Any person suspended pursuant to this section shall be placed on half pay and the Council shall before the expiration of a period of three months after the date of such suspension consider the case against that person and come to a decision as to-
(a) whether to continue such person's suspension and if so on what terms (including the portion of his emoluments to be paid to him); or
(b) whether to reinstate such person to his office, in which case the Council shall restore his full emoluments to him with effect from the date of the suspension; or
(c) whether to terminate the appointment of the person in question in which case such a person shall not be entitled to the portion of his emolument withheld during the period of the suspension; or
(d) whether to take such lesser disciplinary action against such person (including the restoration of such portion of his emolument that might have been withheld) as the Council may determine.
(6) In any case where the Council, pursuant to this section, decides to continue a person's suspension or decides to take further disciplinary action against a person, the Council shall, before the expiration of a period of three months from such decision, come to a final determination in respect of the case concerning that person.
(7) It shall be the duty of any person who signed the instrument of removal by virtue of this section to serve or cause to be served on the person concerned, a copy of the instrument.
(8) Nothing in the foregoing provisions of this section shall prevent the Council from making such regulations for the discipline of other categories of staff and workers of the Council as it may think fit.
Cite this section
Section 11, NATIONAL AGENCY FOR FOOD AND DRUG ADMINISTRATION AND CONTROL ACT (1993).
https://repo.podus.ai/laws/national-agency-for-food-and-drug-administration-and-control-act/section/11/