The House of Representatives is expected to commence debate on the general principles of a bill which seeks to establish the National HIV Trust Fund, 2022.
According to the private member bill, the proposed legislation provides that the Trust Fund would be responsible for the management and disbursement of funds to reduce the funding gap and place more people living with HIV on treatment and mother-to-child transmission.
As provided in Clause 4 of the bill, seen by Tribune Online, the sources of funds include: A levy of 0.5 per cent of “the net profit of companies and organised private sector operating business in Nigeria; 0.2 per cent of total revenue accruing to the federation account; Any take-off grant and special intervention fund as may be provided by the Federal, State and Local Government of the Federation; such money as may be appropriated to meet the objective of this bill by the National Assembly in the budget; Aids, grants and assistance from international bilateral and multilateral agencies, non-governmental organizations and the private sector; grants, donations; endowments, bequests and gifts, whether of money, land or any other property from any source; and Money derived from the investment made by the Trust Fund.
Clause 5 of the bill further provides that the Trust Fund shall be utilised for meeting the training and needs of the members within Nigeria; enhancement of drugs to reduce transmission of the HIV; Overall improvement, performance and efficiency in the discharge of entrepreneurial benefits of the members; purchase of equipment, machinery, including primary materials for members; construction of training centres with well-equipped entrepreneurial materials and facilities in Nigeria; finance the procurement of operational books, instructional materials, training centres and such other similar training institutions of corp members, among others.
Clause 25 of the bill which provides for Offences stipulates that: “A person who contravenes or fails to comply with the provisions of this Bill is guilty of an offence if a sum due under this Bill is not paid within the time specified in that section, the Service shall serve on the Company a demand note for the unpaid sum plus a sum which is equal to 5% of the sum; and if a sum demanded under paragraph (a) of this subsection is not paid within 2 months of the demand, the Company is guilty of an offence under this Bill.
“Notwithstanding any other provision in this Bill, it shall be the duty and responsibility of every Company liable to pay the sum to ensure that its annual returns are filed with the Service for the purpose of assessment of the sum.
The proposed legislation also mandated the Board to remit in whole or in part a sum added to the unpaid sum under sub-section 2(a) of this Bill.
“Where an offence under this Bill is committed by a Body Corporate or firm or other association of individuals – Every Director, Manager, secretary or other similar officers of the Body Corporate; every partner or officer of the Firm; every person concerned in the management of the affairs of the association; or every person who was purporting to Bill in that capacity, is severally guilty of that offence and liable to be proceeded against and punished for the offence in like manner as if he had himself committed the offence unless he proves that the Bill or omission constituting the offence took place without his knowledge, consent or connivance.
As provided in Clause 26 of the bill under the Penalties, “a person guilty of an offence under this Bill shall, on conviction, be liable – For a first offence, to imprisonment for a term of 6 months or to a fine of up to N1 million or both; and for second and subsequent offences, to imprisonment for a term of 12 months or to a fine of up to N2 million or both.”
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