Public Finance Management Act [Chapter 22:19] as amended as at 28 October 2016
(b) engaged in fruitless and wasteful expenditure for the relevant financial year with the
result that it has incurred a deficit requiring the expenditure of public moneys which,
in the opinion of the Auditor-General, is excessive;
the Minister shall request the appropriate Minister in writing to show cause why the designated
corporate body should not be reconstructed in accordance with this section.
(3) If no written response is made to the written request referred to in subsection (2), or if
the response is not in the Minister’s opinion satisfactory, the Minister may, after consultation
with the President, request the Minister responsible for the Reconstruction of State-Indebted
Insolvent Companies Act [Chapter 24:27] (No. 27 of 2004) to appoint an administrator for that
designated corporate body.
(4) The Reconstruction of State-Indebted Insolvent Companies Act [Chapter 24:27] (No. 27
of 2004) shall apply to a designated corporate body referred to in subsection (1) or (2)—
(a) to the extent specified in the Schedule; and
(b) notwithstanding anything contained in the enactment or memorandum and articles of
association constituting that body.
51A Separation of roles of appropriate Ministries and public entities24
(1) The accounting authority and every member or employee of a public entity, and the
accounting officer and every member of the Civil Service employed in an appropriate Ministry
responsible for that entity, shall not do or suffer anything that compromises the supervisory or
regulatory role of the Ministry in relation to the public entity.
(2) In particular, no accounting authority or member or employee of a public entity, and no
accounting officer or member of the Civil Service employed in an appropriate Ministry
responsible for that entity shall (except to the extent permitted by this Act or the enactment
constituting the public entity)—
(a) act in any manner or receive any monetary or other benefit that compromises the
supervisory or regulatory role of the appropriate Ministry or infringes on the autonomy
of the public entity ;
(b) being the accounting officer or a member of the Civil Service employed in an
appropriate Ministry responsible for the entity in question—
(i) partakes in the management of the entity or dispossesses it of any of its
management functions, whether or not at the invitation of the entity; or
(ii) colludes with the public entity (whether actively, or by incitement, or through
acquiescence) in condoning or concealing any non-compliance with this Act or
the enactment constituting the public entity; or
(iii) fails to ensure, to the extent lie or she is competent or capable of doing so, the
strict separation and accounting for those public resources for which the
appropriate Ministry is responsible, and those funds and resources for which
the public entity is, under the enactment constituting the public entity,
responsible; or
(iv) accepts or receives any monetary or other benefit inconsistent with the
discharge of the appropriate Ministry’s supervisory or regulatory role,
24
Section 51A added by Act 6/2016 with effect from 28th October 2016.
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