Ptmuc E~mTIES CoRPORATE GoVERNANCE
No. 4/2018
Cap.10:31
(l2) Any person who(a) falsely holds himself out to be a special investigator carrying out the
provisions of section 40 or this section; or
(b) hinders, obstructs or assaults a special investigator in the exercise of his
or her functions in tem1s of section 40 or this section; or
(c) \Vilfully fails to comply with any lawful demand made by a special
investigator in the exercise of his or her functions in terms of section 4D
or this section;
shall be guilty of an offence and liable to a fine not exceeding level seven or to
imptisonment for a period not exceeding six months or to both such tine and such
imprisonment.
( 13) A special investigator may, in addition to the persons authorised to apply
for a warrant under the Interception of Communications Act [Chapter 11 :20] (No. 6
of 2007), have power to apply for a warrant under that Act.
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Notification of establishment and dissolution of public entities
(1) The head of a line Ministry shall notify the head of the Unit in writing
within thirty days of(a) the formation or establishment of a public entity othetwise than by Act
of Parliament, and transmit together with such notification a copy of the
relevant enabling instmment;
(b) the dissolution of a public entity that is not established by an Act of
Parliament, or that is dissolved otherwise than by the repeal of its
constitutive Act of Parliament, and transmit together with such notification
a copy of the relevant enabling instrument;
(c)
(d)
any amendment to the enabling instmment (not being an Act of Parliament)
of a public entity, and transmit together with such notification a copy of
the relevant amendment;
the pmticulars of any matetial change of the ownership or control of
a public entity that is not reflected in any amendment of the enabling
instrument thereof:
Provided that any question as to whether any such change is
"material" shall be referred by the head of the line Ministry to the head
of the Unit for determination.
(2) Within sixty days of the fixed date, every head of a line Ministry shall
comply with subsection (1) with respect to any existing public entity referred to in
paragraphs (a) to (d).
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Exemptions
(1) The Minister may by notice in \Vriting to the public entity concerned,
exempt the entity from any provision of this Act, where the Minister is satisfied, on
the basis of representations from the line Minister, that there arc compelling reasons
for the exemption in view of(a) the nature or size of the entity; or
(b)
any unusual difficulty the entity may encounter in complying \Vith the
provision;
and may in similar fashion amend or withdraw any such exemption:
Provided that the line Minister and Minister shall together, no later than thi1ty
days after the end of the financial year of the public entity in question in which the
exemption was granted, review the necessity for continuing the exemption and, if
needed, amend or withdraw it.
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