ARRANGEMENT OF SECTIONS
1. Short title
ESTABLISHMENT OF THE ROADS AUTHORITY
3. Establishment of the Authority
4. Purpose of the Authority
BOARD OF THE AUTHORITY
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
FUNCTIONS AND POWERS OF THE BOARD
12. Functions of the Board
13. Powers of the Board
14. Board to be accountable to Minister
15. Board to report to Minister
16. Inquiries by the Minister
17. Funds of the Authority
18. Books and other records of accounts and audit
19. Holdings of the funds of the Authority
20. Financial year
21. Appointment of staff of the Authority
ANNUAL ROADS PROGRAMMES
22. Annual roads programmes
23. Review of annual roads programmes
24. Annual national roads programme to be submitted to the Minister
MANAGEMENT OF ROAD NETWORKS
25. Management of road network
26. Procedures agreement
OFFENCES AND PENALTIES
27. Offences and penalties
28. Failure of the Authority to comply with certain provisions
29. Inconsistency with other written laws
31. Vesting of assets of the National Roads Authority
32. Registration of property to be transferred by the National Roads Authority
33. Legal proceedings
34. Terms of service of employees of the National Roads Authority
35. Repeal and savings
28 of 1998
3 of 2006
An Act to make provision for the establishment of the Roads Authority for the construction, maintenance and rehabilitation of public roads; and for connected purposes
[1ST JANUARY 2007]
This Act may be cited as the Roads Authority Act.
In this Act, unless the context otherwise requires—
“Administration” means the Roads Fund Administration established under section 3 of the Roads Fund Administration Act;
“Authority” means the Roads Authority established under section 3;
“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 public roads;
“procedures agreement” means a procedures agreement referred to in section 26;
“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;
“road agency” means any institution or body, whether or not incorporated, charged under any written law with the responsibility of constructing, maintaining or rehabilitating public roads, and includes any institution or body designated as a roads authority by the Minister by notice published in the Gazette;
“Roads Fund” means the Roads Fund established under section 18 of the Roads Fund Administration Act.
ESTABLISHMENT OF THE ROADS AUTHORITY
(1) There is hereby established a body to be known as the Roads Authority (in this Act otherwise referred to as the “Authority”) 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.
(2) There shall be established within the Authority such Agencies as the Board may, in consultation with the Minister, determine.
The purpose of the Authority shall be to—
(a) ensure that public roads are constructed, maintained or rehabilitated at all times;
(b) advise the Minister and, where appropriate, the Minister responsible for Local Government on the preparation and the efficient and effective implementation of the annual national roads programme referred to in section 22.
BOARD OF THE AUTHORITY
(1) The operations of the Authority 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 Road Transport Operators Association;
(ii) one member nominated by and representing the Bus and Taxi Operators Association;
(iii) one member nominated by and representing the Malawi Local Government Association;
(iv) one member nominated by and representing the road traffic and road safety authorities;
(v) two members, including a civil engineer, nominated by and representing the National Construction Industry Council of Malawi established under the National Construction Industry Act:
(vi) two members of the public representing the general interest of the public;
(b) the following members ex officio—
(i) the Secretary for Transport and Public Works, or his designated representative; and
(ii) the Secretary for Local Government, or his designated representative.
(2) The Board shall elect the Chairman and Vice-Chairman 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.
If a member of the Board acquires any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at a meeting of the Board at which the contract, proposed contract or other matter is the subject of consideration by the Board, he shall at the meeting, as soon as practicable after the commencement of the meeting, disclose the fact to the Board, and shall not take part in the consideration or discussion of or vote on any question with respect to, the contract or other matter.
(1) For the better carrying into effect of the purposes for which the Administration is established, the Board, may establish such number of committees as the Board shall deem appropriate to perform such functions and responsibilities as the Board shall determine subject to the directions of the Board.
(2) The provisions of this Act relating to the meetings of the Board shall apply mutatis mutandis to the meetings of the committees.
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