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Special Fund (Government Supplies) Act 1985

REPUBLIC OF KIRIBATI
(No. 4 of 1985)

I assent,

(President I. Tabai)
Beretitenti

10/5/1985

AN ACT TO ESTABLISH A SPECIAL FUND TO FINANCE THE PROCUREMENT AND PROVISIONS OF GOVERNMENT SUPPLIES

Commencement: 1985

MADE by the Maneaba ni Maungatabu and assented to by the Beretitenti.

Short Title

1. This Act may be cited as the Special Fund (Government Supplies) Act 1985.

Interpretation

2. In this Act unless the context otherwise requires –

"Government supplies" means all goods obtained by the Government for the purposes of supply to Government or non-Government sectors;

"the Special Fund" means the Special Fund established in accordance with section 3.

Establishment of the Special Fund Cap. 79

3. A Special Fund, to be known as the Government Supply Fund, shall be established in accordance with section 13 of the Public Finance (Control and Audit) Ordinance.

Payments into the Special Fund

4. There shall be paid into the Special Fund –

(a) any money appropriated by the Maneaba ni Maungatabu for the purposes of the Fund; and

(b) any monies payable under section 6; and

(c) money received from the proceeds of any investment, under section 13(2)(a) of the Public Finance (Control and Audit) Ordinance, of money standing to the credit of the Fund; and

(d) any other money lawfully available to the Fund.

Payment out of the Special Fund

5. (1) There shall be paid out of the Special Fund –

(a) the amount of any expenditure by the Republic on the procurement, provision and maintenance of Government supplies; and

(b) the expenses, as approved by the Minister, of the administration of the Fund.

(2) Money shall not be paid out of the Special Fund except in accordance with a warrant under the hand of the Minister authorising the Chief Accountant to issue the money to the accounting officer responsible for operating the Fund.

Amounts payable for supplies

6. The Minister may by order in writing from time to time determine the prices to be paid by departments of Government, statutory corporations and other persons in respect of the obtaining by them of Government supplies.

Control of the Special Fund Cap. 79

7. In the performance of his functions under this Act, and under section 13 of the Public Finance (Control and Audit) Ordinance in relation to the Special Fund, the Minister shall, subject to this section, use his best endeavours to manage the Special Fund in such a way that, taking one year with another, the income of the Fund is not less than sufficient to meet its outgoings, including debt charges and depreciation of Government supplies.

Annual Reports

8. (1) The Minister shall, before the end of each financial year, submit to the Maneaba ni Maungatabu –

(a) a statement showing the estimated income and expenditure of the Fund for the current financial year; and

(b) estimates of the income and expenditure of the Special Fund for the next financial year.

(2) The Minister shall, within six months after the end of each financial year, lay before the Maneaba ni Maungatabu a report dealing generally with the operations of the Special Fund during the preceding financial year and containing the audited statement of accounts for that financial year.

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SPECIAL FUND (GOVERNMENT SUPPLIES) ACT 1985

EXPLANATORY MEMORANDUM

1. The principal object of the Act is to establish a Special Fund to finance Government supplies as explained by the long title.

2. The Maneaba ni Maungatabu is empowered under section 107(2) and (3) of the Constitution to establish any special fund. Hence the necessity to have this Act introduced to the Maneaba. When a special fund is established under this section such fund does not form part of the Consolidated Fund and any receipts, earnings and accruals as well as the balance at the close of each financial year of such fund are not be paid into the Consolidated Fund but are to be retained for the purposes of the Fund.

The Act therefore in –

3. Clause 3 establishes the special fund to be known as Government Supply Fund.

4. Clause 4 specifies the various payments which are to be paid into the Fund. They are all monies appropriated by the Maneaba, all sums payable by the departments of Government, statutory Corporations and other persons obtaining Government supplies in respect of the sale of Government supplies, money received from the proceeds of any investment and any other money lawfully available to the Fund.

5. Clause 5 provides for the payment of the Fund of the amount of any expenditure by the Government on the acquisition of Government supplies and expenses relating to the administration of the Fund.

6. Clause 6 empowers the Minister to determine by order the prices to be paid for Government supplies.

Michael Neaua Takabwebwe
Attorney General