Cap. 10:31
PuBuc El'n1TIL::S CoRPORATE GovE&'iANCE
No. 4/2018
(iv) any deficiency in or destruction of public resources;
and
(b) an explanation satisfactory to the Secretary to the Treasury is not, within
a period specified by him or her, furnished to him or her with regard to
such irregularity as is referred to in paragmph (a);
the Secretary to the Treasury may surcharge against the said person the amount of any
sums not collected or accounted for or the amount of any deficiency in or improper
payment, payment not duly vouched or loss or destmction of public resources, as the
case may be.
(2) The Secretary to the Treasury may at any time withdraw a surcharge(a) in respect of which a satisfactory explanation has been received; or
(b) if it otherwise appears to him or her that no surcharge should have been
made.
(3) \Vhenever the Secretary to the Treasury raises a surcharge in tenns of
subparagraph (1) or withdraws a surcharge in terms of subparagraph (2), he or she
shall immediately notify the appropriate accounting officer.
Power of surchmge in relation to excess payments
4. (1) If-
(a)
(b)
it appears to the Secretary to the Treasury that any public entity to which
the provisions of this Schedule apply(i) is responsible for making any excess payment to any person who is
or was an employee or member of the board of such entity' and
(ii) the entity does not, in the opinion of the Secretary to the Treasury,
taking any steps to recover such payment promptly from any such
employee or member;
and
an explanation satisfactory to the Secretary to the Treasury is not, within
a period specitled by him or her, furnished to him or her with regard to
such inegularity as is referred to in paragraph (a);
the Secretary to the Treasury may surcharge against the public entity the amount of
any excess payment, and such excess payment so paid to the Secretary to the Treasury
shaH fom1 part of the Consolidated Revenue Fund.
(2) The Secretary to the Treasury may at any time withdraw a surcharge(a) in respect of \Vhich a satisfactmy explanation has been received; or
(b) if it otherwise appears to him or her that no surcharge should have been
made.
(3) Whenever the Secretary to the Treasmy raises a surcharge in terms of
subparagraph (1) or withdraws a surcharge in terms of subparagraph (2), he or she
shaH immediately notify the accounting officer or the public entity concerned.
Right ofpublic entity to make good excess payments paid as surcharge
5. ( 1) Where a public entity has been surcharged in tenus of paragraph 4, it must
recover the amount thus surcharged from any person to whom the excess payment lo
which the surcharge relates was paid no later than twelve months after such surcharge is
raised or, if an appeal against the surcharge is lodged under paragraph 6, within twelve
months after such appeal is dismissed.
(2) The chairperson of the board, accounting officer and chief executive officer
shall, no later than six months after the end of the period referred to in subparagraph
(1), severally or jointly make a written declaration to the Secretary to the Treasury
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