CHAPTER 69:07
ROADS AUTHORITY

ARRANGEMENT OF SECTIONS

SECTION

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
ESTABLISHMENT OF THE ROADS AUTHORITY

   3.   Establishment of the Authority

   4.   Purpose of the Authority

PART III
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

PART IV
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

PART V
FINANCIAL PROVISIONS

   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

PART VI
MANAGEMENT

   21.   Appointment of staff of the Authority

PART VII
ANNUAL ROADS PROGRAMMES

   22.   Annual roads programmes

   23.   Review of annual roads programmes

   24.   Annual national roads programme to be submitted to the Minister

PART VIII
MANAGEMENT OF ROAD NETWORKS

   25.   Management of road network

   26.   Procedures agreement

PART IX
OFFENCES AND PENALTIES

   27.   Offences and penalties

   28.   Failure of the Authority to comply with certain provisions

PART X
MISCELLANEOUS

   29.   Inconsistency with other written laws

   30.   Regulations

PART XI
TRANSITIONAL PROVISIONS

   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
G.N. 32/2006

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]

PART I
PRELIMINARY

1.   Short title

   This Act may be cited as the Roads Authority Act.

2.   Interpretation

   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.

PART II
ESTABLISHMENT OF THE ROADS AUTHORITY

3.   Establishment of the 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.

4.   Purpose of the Authority

   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.

PART III
BOARD OF THE AUTHORITY

5.   Composition of the Board

   (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.

6.   Disclosure of interest

   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.

7.   Board may establish committees

   (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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