ROADS FUND ADMINISTRATION

CHAPTER 69:08
ROADS FUND ADMINISTRATION

ARRANGEMENT OF SECTIONS

SECTION

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
ESTABLISHMENT OF THE ROADS FUND ADMINISTRATION

   3.   Establishment of the Administration

   4.   Purpose of the Administration

PART III
BOARD OF THE ADMINISTRATION

   5.   Composition of the Board

   6.   Disclosure of interest

   7.   Board may establish committees

   8.   Board may co-opt advisors

   9.   Vacation, etc., of members from office

   10.   Meetings of the Board

   11.   Remuneration and expenses of members of the Board

PART IV
FUNCTIONS AND POWERS OF THE BOARD

   12.   Functions of the Board

   13.   Powers of the Board

   14.   Borrowing powers

   15.   Board to be accountable to the Minister

   16.   Board to report to the Minister

   17.   Inquiries by the Minister

PART V
ESTABLISHMENT OF THE ROADS FUND

   18.   Establishment of the Roads Fund

   19.   Purpose of the Roads fund

   20.   Advances to the Roads Fund

PART VI
FINANCIAL PROVISIONS

   21.   Funds of the Administration

   22.   Holdings of the Roads Fund

   23.   Financial year

   24.   Charges on the Roads Fund

   25.   Annual Road Programme and Annual Expenditure Programme

   26.   Disbursements from the Roads Fund

PART VII
MANAGEMENT

   27.   Appointment of staff of the Administration

PART VIII
OFFENCES AND PENALTIES

   28.   Offences and penalties

PART IX
MISCELLANEOUS

   29.   Inconsistency with other written laws

   30.   Regulations

PART X
TRANSITIONAL PROVISIONS

   31.   Discharge of liabilities and obligations of the National Roads Authority

   32.   Terms of service of employees of the National Roads Authority

   33.   Savings

4 of 2006
G.N. 26/2006

An Act to establish a fund to be known as the Roads Fund to finance the maintenance and rehabilitation of public roads; to establish the Roads Fund Administration as the body responsible for the management of the Roads Fund; and for connected purposes

[1ST DECEMBER, 2006]

PART I
PRELIMINARY

1.   Short title

   This Act may be cited as the Roads Fund Administration Act.

2.   Interpretation

   In this Act, unless the context otherwise requires—

   “Administration” means the Roads Fund Administration established under section 3;

   “Authority” means the Roads Authority established by section 3 of the Roads Authority Act;

   “appointed date” means the date appointed by the Minister under section 1;

   “Board” means the Board referred to in section 5;

   “Minister” means the Minister responsible for finance;

   “public road” has the same meaning ascribed to it in the Public Roads Act;

   “road” has the same meaning ascribed to it in the Public Roads Act;

   “Roads Fund” means the Roads Fund established under section 18;

   “road agency” has the meaning ascribed thereto under the Roads Authority Act.

PART II
ESTABLISHMENT OF THE ROADS FUND ADMINISTRATION

3.   Establishment of the Administration

   There is hereby established a body to be known as the Roads Fund Administration (in this Act otherwise referred to as the “Administration”) which shall—

   (a)   be a body corporate with perpetual succession;

   (b)   have a common seal;

   (c)   be capable of—

      (i)   acquiring, holding and disposing of real and personal property;

      (ii)   suing and being sued in its corporate name; and

      (iii)   doing or performing all such acts and things as bodies corporate may by law do or perform.

4.   Purpose of the Administration

   The purpose of the Administration shall be to raise, administer and account for funds for construction, maintenance and rehabilitation of public roads.

PART III
BOARD OF THE ADMINISTRATION

5.   Composition of the Board

   (1) The operations of the Administration shall be managed and controlled by a Board which shall consist of—

   (a)   the following members to be appointed by the Minister—

      (i)   one member nominated by and representing the financial institutions in Malawi;

      (ii)   one member nominated by and representing the Malawi Confederation Chamber of Commerce and Industry;

      (iii)   one member nominated by and representing the National Local Government Finance Committee;

      (iv)   one member nominated by and representing the fuel pricing authority; and

      (v)   one member of the public representing the general interest of the public;

   (b)   the following members ex officio

      (i)   the Secretary to the Treasury or his designated representative; and

      (ii)   Secretary for Economic Planning and Development or his designated representative.

   (2) The Board shall elect the Chairman and Vice-Chairman of the Board from amongst their number.

   (3) A member ex officio of the Board or any person employed in the public service shall not be eligible to be elected Chairman or Vice-Chairman of the Board but shall have the right to vote on any matter at the meetings of the Board.

   (4) Members of the Board shall not, by virtue only of their appointments to the Board, be deemed to be officers in the public service.

   (5) The names of all members of the Board, as first constituted and every change in the membership thereof shall be published in the Gazette.

   (6) A member of the Board, other than a member ex officio, shall hold office for a period of three years from the date of his appointment and shall be eligible for re-appointment at the expiry of that period.

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