POPULATION ACTIVITIES FUND ACT

(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 Association
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 Council
of the Fund established by section 2 of this Act.

(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 below the rank of a Director or its equivalent in the public service of the Federation;
(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 Development; and
(h) the Executive Director of the Agency.
(3) The supplementary provisions contained in the Schedule to this Act shall have effect with respect to the proceedings of the Council and the other matters therein mentioned.
[Schedule.]

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 Nigeria;
(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.

(1) Without prejudice to the generality of this Act, it shall be the responsibility of the Council to-
(a) formulate the overall policy of the Agency;
(b) appraise all project proposals of the Agency estimated to cost from U.S.$I00,000 up to a maximum of U.S.$500,000;
(c) review and approve the annual budget for the Agency;
mobilise additional financial and material resources for the successful implementation
of the national population policy; and
(d) carry out such other activities as are necessary and expedient for the full discharge of any of the functions and duties conferred on the Fund or Agency by this Act.

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").

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

(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 formula 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 bilateral agencies and non-governmental organisations engaged in population activities;
(d) identifying, developing, appraising, monitoring and evaluating population related projects;
(e) funding 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 flow 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) There shall be appointed by the President, on the recommendation of the Minister, 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 operation 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 under 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 Nigeria 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.

(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 Councilor 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

(1) 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 conviction 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

The Agency may, with the consent of or in accordance with the approval of the President, 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

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

(1) The Agency may accept gifts 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.

(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.

(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 records 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.

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 auditor's reports thereon.

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.

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

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.

This Act may be cited as the Population Activities Fund Act