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Fiji Consolidated Legislation |
LAWS OF FIJI
Rev. 1985
CHAPTER 69
FINANCE
TABLE OF PROVISIONS
PART I-PRELIMINARY
SECTION
1. Short title and commencement
2. Interpretation
PART II-ADMINISTRATION
3. Functions of the Minister, officers, etc.
4. No officers to open official accounts without authority
PART III-MANAGEMENT AND CONTROL OF PUBLIC FINANCE
5. Responsibilities of the Minister
6. Estimates and virements
7. Authorisation of expenditure in advance of appropriation
8. Annual statements of account
PART IV-THE CONSOLIDATED FUND
9. Withdrawals from the Consolidated Fund
10. Component accounts of the Consolidated Fund
11. Custody of public moneys
12. Investment of moneys standing to credit of the Government
13. Erroneous receipts
14. Refunds, rebates and drawbacks
15. Operating Fund Account
16. Borrowing Fund Account
17. Lending Fund Account
18. Revolving Fund Account
19. Special Fund Account
20. Contingencies Fund Account
PART V-BORROWINGS BY THE GOVERNMENT
21. Authority to raise loans
22. Methods of raising loans
23. Advance subscriptions for loans
24. Issue of debentures
25. Redemption of debentures
26. Interest on debentures
27. Form of debentures and coupons
28. Debentures and coupons transferable by delivery
29. Register of debentures
30. Redeemed debentures to be cancelled
31. Stock to be issued on direction of Minister
32. Register of stock to be kept
33. Stock certificates
34. Transfer and transmission of stock
35. List of holders of stock with unclaimed interest
36. Closing of register in respect of Fiji stock
37. Interest on stock
38. Redemption of stock
39. Estate duty stock
40. Sinking fund for redemption of stock
41. No notice of trust to be received or registered
42. Exemption from stamp duty
PART VI-TREASURY BILLS
43. Issue of Treasury Bills
44. Principal moneys charged upon Borrowing Fund Account
45. Par value of bills to be payable
46. Reserve Bank as agent
47. Repayment of Treasury Bills
48. Part V not to apply to Treasury Bills
PART VII-GOVERNMENT GUARANTEES AND GOVERNMENT LENDING
49. Government empowered to give guarantees
50. Guarantee to be evidenced by instrument signed by Minister
51. Sums charged on Consolidated Fund deemed to be loans
52. Security in respect of guarantees
53. Government empowered to lend
54. Loans to be appropriated
55. Loan to be evidenced by instrument signed by Minister
56. Security in respect of loans
PART VIII-SPECIAL PROVISIONS AS TO CERTAIN ACCOUNTS
AND CONTINGENCIES FUND
57. Revolving accounts
58. Special accounts
59. Contingencies Fund
PART IX-ANNUAL VALUATION AND WRITE-OFF
60. Fluctuations in value of investments
61. Write-off of losses, etc.
62. Disposal of serviceable public stores
PART X-SURCHARGES
63. Power of the Minister to impose surcharges
64. Notification of surcharge
65. Withdrawal of surcharge
66. Review of surcharge
67. Recovery of surcharge
PART XI-MISCELLANEOUS
68. Payments without probate, etc.
69. Trust moneys not belonging to the Government
70. Power to make regulations
71. Repeal and savings
Schedule-Enactments repealed
-----------------------------------
CHAPTER 69
Act
No. 8 of 1981AN ACT TO MAKE PROVISION FOR THE ADMINISTRATION, MANAGEMENT AND CONTROL OF THE PUBLIC FINANCES AND FOR OTHER MATTERS CONNECTED THEREWITH
[1st January 1982]
PART I-PRELIMINARY
Short title
1. This Act may be cited as the Finance Act.
Interpretation
2. In this Act, unless the context otherwise requires-
"accounting officer" includes every officer who-
(a) is charged under this or any other Act with the duty of collecting, receiving or accounting for, or who collects, receives or accounts for, any public moneys;
(b) is charged as aforesaid with the duty of disbursing, or who disburses, any public moneys; or
(c) is charged as aforesaid with the receipt, custody or disposal of, or accounting for, public stores or who receives, holds, disposes of or accounts for public stores;
"Appropriation Act" means the Act appropriating revenue in relation to any financial year for such expenditure as is specified in that Act, and any other Act authorising the issue of moneys from the Consolidated Fund;
"the Borrowing Fund Account" means the account established by paragraph (b) of subsection (1) of section 10;
"the Contingencies Fund Account" means the account established by paragraph (f) of subsection (1) of section 10;
"debenture" means any debenture issued under section 24;
"estate duty stock" means any stock issued under section 39;
"Fiji stock" means stock created and issued under paragraph (a) of section 22;
"the Lending Fund Account" means the account established by paragraph (c) of subsection (1) of section 10;
"Minister" means the Minister to whom responsibility for finance is from time to time assigned;
"officer" means a person holding or acting in any public office as defined in the Constitution, other than a wage earner;
(Cap. 1.)
"the Operating Fund Account" means the account established by paragraph (a) of subsection (1) of section 10;
"public moneys" includes revenue and all moneys, other than moneys not belonging to the Government, held by the Government, whether temporarily or otherwise, or by an officer in his official capacity, alone or jointly with another person, whether an officer or not;
"the public service" means the service of the Crown, whether in a civil or military capacity, in respect of the Government;
"public stores" means property of any description, other than public moneys, belonging to, or in the possession or under the control of, the Government;
"register" includes any book kept by any registering authority in accordance with this Act;
"registering authority" means the Reserve Bank or any agent appointed by the Minister under paragraph (b) of subsection (4) of section 32;
"the Reserve Bank" means the Reserve Bank of Fiji*;
* See Act No. 14 of 1983, section 3(4).
"revenue" includes all tolls, taxes, imposts, rates, duties, fees, penalties, forfeitures, rents, dues, proceeds of sale and other receipts of the Government from whatever source arising, which may be appropriated in accordance with the Constitution, and the proceeds of all loans raised in accordance with this Act;
"the Revolving Fund Account" means the account established by paragraph (d) of subsection (1) of section 10;
"the Sinking Fund" means the sinking fund created under section 40;
"the Special Fund Account" means the account established by paragraph (e) of subsection (1) of section 10;
"stock" means stock issued in accordance with the provisions of this Act;
"stockholder" means any person holding stock and entered as proprietor thereof in a register; and
"wage earner" means a person employed by reference to any rate of remuneration or payment other than an annual one.
PART II-ADMINISTRATION
Functions of the Minister, officers, etc.
3.-(1) Every officer concerned with, or responsible for, public moneys, public stores or moneys entrusted to the Government or to any officer in his official capacity, alone or jointly with any officer or any other person, shall perform such duties, keep such books or other records and render such accounts as may be prescribed or as the Minister may by instructions direct.
(2) Subject to such imitations as he may think fit, the Minister may authorise any officer or other person to perform or exercise any of the functions of the Minister under this Act, other than any power to make regulations.
No officers to open official accounts without authority
4. No officer shall open any public or official account in any bank or other financial institution without the authority in writing of the Minister.
PART III-MANAGEMENT AND CONTROL OF PUBLIC FINANCE
Responsibilities of the Minister
5. Subject to the provisions of this and any other Act, the Minister shall manage, supervise, direct and control the expenditure and finances of the Government so as to ensure that a full account thereof is made to Parliament and that financial control is maintained.
Estimates and virements
6.-(1) The estimates of expenditure required to be laid before the House of Representatives and the Senate in accordance with section
121 of the Constitution shall be prepared in such form as shall clearly identify by divisions and subdivisions of heads of expenditure
the nature and purpose of the expenditure proposed.
(Cap. 1.)
(2) Each head of expenditure shall, where appropriate, show the number of posts for officers under that head and the salaries and other payments estimated to be paid in respect of such officers.
(3) The total number of posts for officers under any head shall not be increased except with the prior approval of the House of Representatives, whether or not additional expenditure for the financial year is thereby incurred.
(4) If in any financial year the exigencies of the public service render it necessary to alter the proportion of expenditure assigned to the different divisions and subdivisions of any head of expenditure shown in the estimates referred to in subsection (1) or to create a new subdivision of such head of expenditure, the Minister may direct, by means of a virement warrant, that there shall be applied in aid of any division or subdivision which may be deficient, or any new subdivision, as the case may be, a further sum out of any surplus arising on any other division or subdivision of the same head of expenditure:
Provided that-
(a) the amount appropriated under any head of expenditure by an Appropriation Act relating to that year is not thereby exceeded; and
(b) the nature and purpose of any new subdivision shall be within the ambit of the division of which it is a subdivision.
Authorisation of expenditure in advance of appropriation
7. If the Appropriation Act in respect of any financial year has not come into operation by the beginning of that financial year, the Minister may issue a warrant authorising the withdrawal out of the Consolidated Fund of such moneys as he may consider necessary to carry on the services of the Government until the expiration of four months from the beginning of that financial year or the coming into operation of the Appropriation Act, whichever is the earlier; and in that event a statement of the moneys so authorised shall, as soon as practicable, be laid before and voted on by the House of Representatives, and the aggregate sum so voted shall be included under the appropriate heads of expenditure in the next Appropriation Bill.
Annual statements of account
8. The Minister shall, within a period of six months after the end of each financial year or such longer period thereafter as the
House of Representatives may by resolution approve, cause to be prepared, signed and transmitted to the Auditor-General the following
statements of account-
(a) a statement of the balances of the total Consolidated Fund and of each of its component accounts, showing receipts and expenditure in each case for that financial year;
(b) a statement of the financial assets and liabilities of the Government at the end of that financial year; and
(c) such other statements as the House of Representatives may, from time to time, require or the Minister may consider necessary.
PART IV-THE CONSOLIDATED FUND
Withdrawals from the Consolidated Fund
9.-(1) The Minister shall, by warrant, authorise the withdrawal from the Consolidated Fund of such sums as may be withdrawn therefrom
in accordance with section 120 of the Constitution.
(Cap. 1.)
(2) Notwithstanding the issue of a warrant under subsection (1), the Minister may limit or suspend any expenditure authorised to be so withdrawn by the warrant which is not expenditure charged on the Consolidated Fund by the Constitution or by any other written law.
(3) The transfer of funds between the component accounts of the Consolidated Fund established by section 10 shall not be made otherwise than in accordance with this Act.
Component accounts of the Consolidated Fund
10.-(1) The Consolidated Fund shall consist of six separate accounts as follows-
(a) an account to be called the Operating Fund Account in which an account shall be kept of all moneys paid into or paid out of the Consolidated Fund, other than such moneys as are specified in paragraphs (b), (c), (d), (e) and (f);
(b) an account to be called the Borrowing Fund Account in which an account shall be kept of all moneys borrowed by the Government, the payment of interest and other charges and the repayment of principal in respect of such borrowings;
(c) an account to be called the Lending Fund Account in which an account shall be kept of all moneys lent by the Government and the receipt of the repayment of principal and the payment of interest and other charges in respect of such loans;
(d) an account to be called the Revolving Fund Account in which an account shall be kept of any payments made from or into any revolving account established under section 57;
(e) an account to be called the Special Fund Account in which an account shall be kept of any payments made from or into any special account referred to in section 58; and
(f) an account to be called the Contingencies Fund Account in which an account shall be kept of all advances made from that Account and the replenishment of that account.
(2) The reference in paragraph (e) of subsection (1) to any payments shall not include moneys received by the Public Trustee or the Official Receiver.
Custody of public moneys
11. Subject to the provisions of this and any other Act, moneys paid into the Consolidated Fund may be kept with such bank or banks as the Minister may direct.
Investment of money s standing to credit of the Government
12. Subject to the provisions of this and any other Act, moneys standing to the credit of the Government with any bank, or otherwise held by the Government, may be invested by the Minister-
(a) on fixed deposit with any bank;
(b) in any securities in which trustees are authorised to invest under the Trustee Act;
(Cap. 65.)
(c) in any security issued by any statutory body in Fiji; or
(d) as advances authorised by this or any other Act or by resolution of the House of Representatives.
Erroneous receipts
13. The repayment of any moneys paid in error into the Consolidated Fund shall be charged on the Fund and the Minister may, by warrant, authorise an issue to effect such repayment.
Refunds, rebates and drawbacks
14. Where any Act provides for the payment of any refund, rebate or drawback in respect of any moneys paid into the Consolidated Fund, the amount of such refund, rebate or drawback shall be charged on the Consolidated Fund.
Operating Fund Account
15.-(1) There shall be paid into the Operating Fund Account all moneys received or raised for the purposes of the Government, not being-
(a) moneys that are payable under any other Act into some fund established for a specific purpose or that may, under any other Act, be retained by the authority that received them for the purposes of defraying the expenses of that authority; or
(b) moneys which are required to be paid into one of the other component accounts of the Consolidated Fund under sections 16, 17, 18, 19 or 20.
(2) There shall be paid from the Operating Fund Account all moneys charged upon the Consolidated Fund by the Constitution or by this or any other Act and all moneys appropriated in accordance with the provisions of the Constitution, other than those moneys which are required to be paid from one of the other component accounts of the Consolidated Fund under sections 16, 17, 18, 19 or 20.
Borrowing Fund Account
16.-(1) All moneys raised for the purposes of the Government by way of loans, overdrafts or short term advances shall be paid into the Borrowing Fund Account.
(2) All funds received by way of any borrowings referred to in subsection (1) may, subject to the authority of the Minister, be transferred to the Operating Fund Account.
(3) Repayments in respect of principal and payments of interest and other charges, including contributions to the Sinking Fund in respect of any borrowings referred to in subsection (1), shall be paid from the Operating Fund Account to the Borrowing Fund Account, and all repayments to lenders in respect of principal and payments of interest and other charges on such borrowings shall be made from the Borrowing Fund Account.
(4) All interest and other charges received in respect of the investment of the Sinking Fund under subsection (3) or (6) of section 40 shall be credited to the Borrowing Fund Account.
(5) Where the value of the Sinking Fund at any time exceeds the amount required for the redemption of all loans for which the Sinking Fund has been created, the balance of the Sinking Fund shall be transferred to the Operating Fund Account.
Lending Fund Account
17.-(1) All moneys to be lent by the Government to any borrower under this or any other Act shall be transferred from the Operating Fund Account to the Lending Fund Account and subsequently lent to the borrower.
(2) All amounts received in respect of principal or of interest and other charges in respect of moneys lent by the Government shall be credited to the Lending Fund Account and may subsequently be transferred to the Operating Fund Account.
Revolving Fund Account
18.-(1) There shall be transferred from the Operating Fund Account to the Revolving Fund Account such sums as the Minister shall set aside under section 57 for the purpose of creating revolving accounts.
(2) Whenever the amount standing to the credit of the Revolving Fund Account exceeds the sum of eighteen million dollars in the aggregate, the surplus shall be transferred to the Operating Fund Account; and whenever such amount falls below that sum, the deficiency shall be made good out of the Operating Fund Account.
Special Fund Account
19.-(1) There shall be transferred from the Operating Fund Account to the Special Fund Account such moneys as the Minister shall set aside under section 58.
(2) All interest and all other charges received in respect of the investment of such moneys under section 12 shall be paid into the Special Fund Account.
(3) There shall be paid from the Special Fund Account all moneys appropriated in accordance with the provisions of the Constitution in relation to any of the special accounts referred to in section 58.
Contingencies Fund Account
20.-(1) There shall be transferred from the Operating Fund Account to the Contingencies Fund Account the sum of two million dollars set aside under subsection (1) of section 59 for the purposes of the Contingencies Fund.
(2) There shall be paid out of the Contingencies Fund Account such sum as is required for the purpose of any advance made by the Minister under subsection (2) of section 59.
(3) Where an advance has been made by the Minister under subsection (2) of section 59 and the replacement of the amount advanced has
been authorised in pursuance of subsection (2) of section 123 of the Constitution, the charges debited to the Contingencies Fund
Account by reason of such advance shall be transferred to the Operating Fund Account and a corresponding credit transferred to the
Contingencies Fund Account from the Operating Fund Account.
(Cap. 1)
PART V-BORROWINGS BY THE GOVERNMENT
Authority to raise loans
21.-(1) Subject to the provisions of this Act, the Minister may raise, in Fiji or elsewhere, loans of such sums of money as the House of Representatives may authorise by resolution, together with such further sums as may be required to defray the expenses of such borrowings.
(2) All moneys borrowed in accordance with this section shall be applied for such purposes as shall be specified by the resolution authorising the borrowing of those moneys.
(3) The Minister may at any time borrow by means of overdrafts or advances an amount not exceeding the sum ten million dollars or such other sum as may be provided for in any other Act.
Methods of raising loans
22. Loans may be raised under section 21 in any of the following ways-
(a) by the creation and issue of registered or inscribed stock, which shall be known as Fiji stock;
(b) by the issue of securities in the form of debentures payable to bearer; and
(c) in such other manner as the Minister may decide.
Advance subscriptions for loans
23. Whenever a loan has been authorised as mentioned in section 21, the Minister may, at any time prior to the opening of subscriptions for the loan, accept advance subscriptions up to the full authorised amount of the loan upon such terms and conditions as he may specify at the time of the invitation for advance subscriptions.
Issue of debentures
24.-(1) Where the Minister deems it expedient to raise money by debentures, he may authorise the issue of debentures by the Reserve Bank*
or, outside Fiji, by agents approved by the Minister, upon the best and most favourable terms that can be obtained and in such amounts
and on such conditions as, subject to the provisions of this Act, the Minister may direct.
* See Act No. 14 of 1983, section 3(4).
(2) Debentures shall be of such denominations as the Minister may determine.
Redemption of debentures
25.-(1) Subject to subsection (2), debentures shall be redeemable-
(a) at par on a fixed date to be declared on the issue of the debentures;
(b) by annual drawings at par; or
(c) at the option of the Minister, by purchase.
(2) The Minister may reserve the option to redeem debentures prior to the date referred to in paragraph (a) of subsection (1) on such conditions as may be declared at the time of the issue of the debentures.
Interest on debentures
26.-(1) The interest upon the principal represented by each debenture shall run from the date of issue specified in that behalf in the debenture, and shall be paid half-yearly on the dates specified in that behalf in the debenture.
(2) There may be attached to any debenture coupons for the payment of the interest due in each half year upon the principal represented by the debenture; and the coupons shall be sufficient in number to provide for the payment of interest during the whole period for which the debenture has to run or for such limited period as the Minister may determine.
Form of debentures and coupons
27. Every debenture and the coupons attached thereto shall be in such form as shall be approved by the Minister.
Debentures and coupons transferable by delivery
28. Every debenture and coupon, and the right to receive the principal and interest respectively represented thereby, shall be transferable by delivery.
Register of debentures
29. Every debenture shall, before being issued, be registered in a register to be kept for that purpose by the Reserve Bank* or such
agents as the Minister may approve.
*See Act No. 14 of 1983, section 3(4).
Redeemed debentures to be cancelled
30. Upon the repayment of the principal moneys secured by any debenture, or on the redemption by purchase of any debenture, the debenture shall be delivered to the issuing authority for cancellation together with all outstanding coupons.
Stock to be issued on direction of Minister
31. Fiji stock may be issued, upon the direction of the Minister upon the best and most favourable terms that can be obtained, in such amounts and on such conditions as, subject to the provisions of this Act, the Minister may direct before the issue thereof.
Register of stock to be kept
32.-(1) Subject to section 39, a register shall be kept in which-
(a) all stock issued under this Act shall be registered, or, in the case of inscribed stock, inscribed;
(b) all transfers, transmissions and other dealings in such stock shall be registered; and
(c) all other matters which by this Act are required to be entered therein shall be so entered.
(2) Inscribed stock shall be inscribed in the register by entering therein the name of the stockholder, the amount of such stock and such other particulars as the Minister may direct.
(3) The register shall be prima facie evidence of the title of any person to any stock in respect of which he is registered as the stockholder.
(4) The register shall be kept-
(a) in the case of Fiji stock, by the Reserve Bank*; and
* See Act No. 14 of 1983, section 3(4).
(b) in the case of stock issued outside Fiji, by such agents as the Minister may appoint.
Stock certificates
33. The registering authority shall send to the holder of any stock, other than estate duty stock-
(a) in the case of registered stock, within thirty days of the receipt of the final instalment payable on the stock; and
(b) in the case of inscribed stock, at the request of the stockholder,
a certificate, to be known as a stock certificate, showing that stock to the value specified therein has been registered or inscribed in the name of the stockholder in the register in which the stock is registered or inscribed.
Transfer and transmission of stock
34.-(1) Stock, other than estate duty stock, shall be transferable by an instrument in such form as shall be approved by the Minister, and a certificate issued at the request of the transferee by the registering authority in pursuance of such transfer and in respect of the stock so transferred shall be prima facie evidence of the title of the holder of the certificate to the stock specified therein.
(2) Any person to whom any stock, other than estate duty stock, is transferred or is transmitted by operation of law may apply to the registering authority keeping the register in which such stock is registered or inscribed to be registered as the proprietor of such stock.
(3) Every application under subsection (2) shall be-
(a) in such form as shall be approved by the Minister;
(b) verified by statutory declaration, or in such other manner as may be approved by the Minister; and
(c) supported by the production to the registering authority of the original or certified true copies of all documents under which the applicant claims to be entitled to be registered as the proprietor of the stock.
(4) If the registering authority is satisfied that a person applying under subsection (2) to be registered as the proprietor of any stock is entitled to be registered as such, it shall enter the name of that person in the register as the proprietor of such stock.
(5) No person shall have any claim against the Government, the Reserve Bank* or the Minister in respect of any registration under
subsection (4), so, however, that nothing in this subsection shall relieve the person to whom the stock is transferred or transmitted
from any liability to account for, or deal with, the stock.
* See Act No. 14 of 1983, section 3(4).
List of holders of stock with unclaimed interest
35. The registering authority shall keep, in a separate register, a list of the stockholders on whose stock interest has been unclaimed for five years or more, together with their registered addresses, and such list shall be open for inspection without payment of a fee.
Closing of register in respect of Fiji stock
36.-(1) The registering authority may, as respects Fiji stock, for a period not exceeding fourteen days prior to each payment of interest on any stock registered or inscribed under section 32, close the register of that stock as regards transfers upon giving not less than seven days' notice of such closing by a notice published in the Gazette.
(2) The persons who on the day of such closing are registered as stockholders shall, as between them and their respective transferees, be entitled to the interest then next payable on the stock.
Interest on. stock
37. Interest shall be payable on stock half-yearly by the registering authority at the rate fixed by the Minister at the time of the issue of the stock.
Redemption of stock
38.-(1) Subject to subsection (2), stock shall be redeemable at par on a date to be fixed by the Minister when issuing the stock.
(2) The Minister may reserve the option to redeem stock, in whole or in part, by drawings or otherwise at any time prior to the date fixed for redemption on such conditions as may be declared at the date of issue.
(3) From and after the date fixed for the redemption of stock or any part thereof, all the interest on the principal moneys secured thereby, or the part thereof to be redeemed, shall cease to be payable, whether payment of the principal shall have been demanded or not.
Estate duty stock
39.-(1) Of the moneys which the Minister is authorised by this Act to borrow in Fiji, he may borrow such amount as he thinks fit by the issue of estate duty stock.
(2) The executor or administrator of the estate of any deceased person, or any other person by whom estate duty may be payable in respect of that estate, may pay the whole or any part of the estate duty payable by him in respect of that estate by means of estate duty stock issued to the deceased; and the Commissioner of Estate and Gift Duties shall accept any such stock accordingly in satisfaction of the estate duty.
(3) If provision in that behalf has been made in the prospectus or terms of issue of the stock, the Minister may issue estate duty stock that is available for the payment of income tax as well as estate duty, and in the event of such issue being made-
(a) the executor or administrator of the estate of any deceased person may pay the whole or any part of the income tax payable in respect of the income of the deceased by means of any such stock issued to the deceased; and
(b) the Commissioner of Inland Revenue shall accept any such stock accordingly in satisfaction, in whole or in part, as the case may be, of the amount of income tax payable as aforesaid.
(4) All estate duty stock transferred to the Commissioner of Estate and Gift Duties or the Commissioner of Inland Revenue under this section shall be deemed to mature for payment, and to be accepted in satisfaction of estate duty or income tax, as the case may be, on the date of execution of the memorandum of transfer by the transferor; and all such stock shall, for the purposes of this section, be deemed to be of the nominal value of the stock and shall carry interest until that date.
(5) The transfer of any estate duty stock shall not be registered, and a stock certificate shall not be issued in respect of any estate duty stock.
(6) If provision in that behalf has been made in the prospectus or terms of issue of any estate duty stock, it may be surrendered in exchange for Fiji stock, other than estate duty stock, in accordance with the terms so provided for such exchange.
(7) Subject to subsection (8), if on the death of the registered holder of any estate duty stock the whole or any part of that stock is not used for the payment of estate duty in respect of the estate of the deceased or in the payment of income tax payable by the deceased at the time of his death, the stock so remaining unused shall cease to be estate duty stock and this section shall accordingly cease to apply thereto.
(8) Stock which has ceased to be estate duty stock under subsection (7) may be surrendered in exchange for Fiji stock, other than estate duty stock.
Sinking fund for redemption of stock
40.-(1) The Minister may, in respect of any loan raised under section 21, create a sinking fund, to be called the Sinking Fund, for the repayment of the loan at par at the time of the maturity of the loan or any part thereof.
(2) The Minister shall, in each half-year ending with the day on which the interest on any loan for which the Sinking Fund has been created under subsection (1) falls due, transfer from the Operating Fund Account to the Borrowing Fund Account for the formation of the Sinking Fund for repayment of that loan at par a sum equal to one-half of the annual contribution, which contribution shall not exceed such sum as shall be sufficient, together with the interest accruing thereto, to redeem that loan:
Provided that such contribution shall, in respect of any loan, commence not later than three years after the date from which the interest on that loan shall commence to be payable.
(3) Subject to the provisions of this and any other Act, any sum transferred under subsection (2), less any amount utilised in accordance with subsection (6), may be invested by the Minister in such manner as mentioned in paragraph (a), (b) or (c) of section 12.
Provided that such investments shall be such as to enable any loan for which the Sinking Fund has been created, or any part of such loan to be repaid at the date of the maturity of the loan or such part thereof, as the case may be.
(4) Any dividends, interest or other yield from any such investments may be invested in any investment authorised by subsection (3) or in such manner as is authorised under subsection (6); and any such investment may at any time be changed by the Minister to any other investment authorised by or under subsection (3) or subsection (6).
(5) In case the Sinking Fund shall be insufficient for the repayment of the principal of any loan raised under section 21 at the time the same shall become due, the Minister shall make good the deficiency out of the Operating Fund Account or by a loan raised under that section.
(6) The Minister may at any time authorise the utilisation of any amount transferred from the Operating Fund Account under subsection (2) for contribution to the Sinking Fund for the purchase of stock in the loan for which the Sinking Fund has been created.
(7) The Minister may at any time authorise the utilisation of the whole or any part of the Sinking Fund for the repayment, in whole or in part, of any loan for which the Sinking Fund has been created, whether or not such loan has become due for repayment.
No notice of trust to be received or registered
41. Notice of any trust, expressed, implied or constructive, in respect of any stock, shall not be entered on a register and shall not be received by the registering authority, the Minister or any other person on behalf of the Government.
Exemption from stamp duty
42. Notwithstanding the provisions of the Stamp Duties Act, stamp duty shall not be payable on the transfer of any debenture or stock
issued by the Government under this or any other Act.
(Cap. 205)
PART VI-TREASURY BILLS
Issue of Treasury Bills
43.-(1) The Minister may borrow by the issue in Fiji of Government Treasury Bills, upon such terms as he may think fit and at any one time or by such instalments as he may think necessary, such sum as shall not at any time exceed twenty five million dollars or such other amount as may be authorised by a resolution of the House of Representatives.
(2) The proceeds of the issue of Treasury Bills shall be paid into the Borrowing Fund Account.
Principal moneys charged upon Borrowing Fund Account
44. The principal moneys represented by Treasury Bills issued under section 43 shall be charged on the Consolidated Fund and repayable out of the Borrowing Fund Account.
Par value of bills to be payable
45. Notwithstanding the provisions of any other Act, every Treasury Bill issued under section 43 shall be payable at par at such time or times, not being later than one year from the date of the issue of the Bill, as the Minister shall determine before that date.
Reserve Bank as agent
46. The Minister may appoint the Reserve Bank* as agent for the Government for any of the purposes of this Part.
*See Act No. 14 of 1983, section 3(4).
Repayment of Treasury Bills
47. The principal moneys represented by Treasury Bills issued under section 43 shall be repaid by the Reserve Bank* on behalf of the Government, and upon such repayment the Bills shall be cancelled by the Authority.
* See Act No. 14 of 1983, section 3(4).
Part V not to apply to Treasury Bills
48. The provisions of Part V shall not apply to Treasury Bills issued under section 43.
PART VII-GOVERNMENT GUARANTEES AND GOVERNMENT LENDING
Government empowered to give guarantees
49. Subject to the provisions of any other Act, the Government may, under the authority of a resolution of the House of Representatives, guarantee the financial liability of any person in respect of a loan or otherwise.
Guarantee to be evidenced by instrument signed by Minister
50. Any guarantee given under section 49 shall be evidenced by an instrument under the hand of the Minister.
Sums charged on Consolidated Fund deemed to be loans
51. Any sum paid by the Government in fulfilment of the terms of a guarantee given under section 49 shall be charged on the Consolidated Fund and shall be deemed to be a loan to the person whose financial liability has been guaranteed.
Security in. respect of guarantees
52. The Government may, in respect of any guarantee given under section 49, require the person whose financial liability is guaranteed to provide security for the repayment to the Government of all sums paid by the Government pursuant to the guarantee.
Government empowered to lend
53. Subject to the provisions of this and any other Act, the Government may lend public moneys to any person and the Minister may, for that purpose, create advance or other accounts in the Lending Fund Account.
Loans to be appropriated
54. Any public moneys lent under section 53 shall be subject to the approval of an Appropriation Act.
Loan to be evidenced by instrument signed by Minister
55. Any loan of public moneys under section 53, or under any other Act, shall be evidenced by an instrument under the hand of the Minister.
Security in respect of loans
56. The Minister may, in respect of any loan of public moneys under section 53, or any other Act, require the person to whom the loan is made to provide security for the repayment of the principal thereof and the payment of any interest thereon and any other charges in connection therewith.
PART VIII-SPECIAL PROVISIONS AS TO CERTAIN ACCOUNTS
AND CONTINGENCIES FUND
Revolving accounts
57. The Minister may set aside an amount, which shall not at any time exceed the sum of eighteen million dollars in the aggregate and which shall be charged on the Consolidated Fund, for the purpose of creating revolving accounts, up to such - limits as he may think fit, for the purchase or production of goods and services or for such other purposes as he may think fit.
Special accounts
58. The Minister may set aside public moneys for the purposes of such special accounts as shall be established by resolution of the House of Representatives or by any Act.
Contingencies Fund
59.-(1) There shall be established a Contingencies Fund, and for the purposes of that Fund there shall be set aside the sum of two million dollars, which shall be a charge on the Consolidated Fund.
(2) The Minister, if he is satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, may make advances from the Contingencies Fund to meet that need.
PART IX-ANNUAL VALUATION AND WRITE-OFF
Fluctuations in value of investments
60.-(1) The Minister shall, for each financial year, value any securities forming part of investments under section 12 by assigning thereto the mean market price of such securities at the close of business on the last day in such year for which such information is available or, where such information is not available, by assigning thereto such value as he may deem appropriate.
(2) Any appreciation or depreciation arising from the valuation of such securities, together with any profits or losses arising from the sale or redemption of such securities, shall be credited or debited direct to tire Consolidated Fund and shall be shown as an addition to or reduction from the opening balance of the Consolidated Fund in the annual statement of financial assets and liabilities of the Government prepared in accordance with section 8.
Write-off of losses, etc.
61. Subject to the provisions of this and any other Act, the Minister may, in respect of public moneys and public stores-
(a) abandon or discontinue the recovery of amounts of revenue, debts and overpayments;
(b) write-off losses or deficiencies of public moneys and the value of lost, deficient, condemned, unserviceable or obsolete public stores;
(c) approve refunds or ex gratia payments; and
(d) approve that nugatory expenditure shall stand charged in the accounts.
Disposal of serviceable public stores
62. Serviceable public stores which are not required for Government purposes may be given to any person in Fiji-
(a) where the value thereof does not exceed one thousand dollars, at the discretion of the Minister;
(b) in any other case, with the approval of the House of Representatives.
PART X-SURCHARGES
Power of the Minister to surcharge
63. Where it appears to the Minister that any-person, while he was an officer-
(a) failed to collect any moneys owing to the Government for the collection of which he was responsible;
(b) was responsible for any improper payment of public moneys or for any payment of such moneys which was not duly vouched for;
(c) was responsible for any deficiency in public moneys or public stores or for the destruction or damage of any public stores; or
(d) failed to comply with any of the provisions of this Act or any instructions issued by the Minister under section 3,
and where, within such period as shall be specified by the Minister, an explanation, satisfactory to the Minister, has not been furnished to the Minister with respect to such act or omission, as the case may be, the Minister may surcharge such person a sum not exceeding the value of any loss sustained by the Government resulting from such act or omission.
Notification of surcharge
64. The Minister shall cause a person surcharged under section 63 to be notified in writing of the surcharge.
Withdrawal of surcharge
65. The Minister may at any time withdraw any surcharge in respect of which an explanation which is satisfactory to him has been furnished in accordance with section 63 or if it appears to him that no surcharge should have been made; and in any such case, the Minister shall cause the person surcharged to be notified in writing of the withdrawal of the surcharge.
Review of surcharge
66.-(1) Any person who is aggrieved by any surcharge made against him under section 63 shall have the right to appeal against the surcharge to the Minister within the period of one month immediately after he has been notified of the surcharge in accordance with section 64 or such longer period as the Minister may allow.
(2) After such further investigation as may be directed by him, the Minister may make an order confirming the surcharge or directing that the surcharge be cancelled in whole or in part.
Recovery of surcharge
67.-(1) The amount of any surcharge made under section 63 shall be recoverable as a debt due to the Government from the person against whom the surcharge has been made.
(2) Notwithstanding the provisions of any other Act, the Minister may direct that the amount of any surcharge shall be recovered, by equal monthly instalments, by deductions from the salary of an officer or from the pension of a retired officer not exceeding one-fourth of the total monthly salary or pension of such officer or retired officer, as the case may be.
PART XI-MISCELLANEOUS
Payments without probate, etc.
68.-(1) Notwithstanding the provisions of any other Act, on the death of any person to whom any sum of money, not exceeding one thousand dollars, may be due and payable by the Government, the Minister may authorise the payment of that sum or any part thereof to any person who the Minister may consider to be entitled thereto without requiring the production of probate or letters of administration.
(2) Any payment made under subsection (1) by any officer or other person duly authorised by the Minister under subsection (2) of section 3 to perform the functions of the Minister under subsection (1) shall be valid and regarded as properly paid to the payee, and the Government shall be discharged from any liability in respect of sums paid under subsection (1).
Trust moneys not belonging to the Government
69.-(1) Subject to subsection (4), the Government may receive and administer in the capacity of a trustee moneys not belonging to the Government.
(2) All moneys received and administered under subsection (1) shall be accounted for in a Consolidated Trust Fund, which shall not constitute a part of the Consolidated Fund.
(3) The Minister may appoint any officer as trustee of any moneys received and administered under subsection (1).
(4) This section shall not apply to moneys received and administered by the Public Trustee or the Official Receiver.
Power to make regulations
70. The Minister may make regulations for prescribing anything which may be prescribed under this Act and otherwise for carrying out the provisions of this Act, and, without prejudice to the generality of the foregoing, may by regulations make provision as to-
(a) the collection, receipt, custody, issue, expenditure, due accounting for, care and management of all public moneys, and the guidance of all persons concerned therewith;
(b) the recording, examination, inspection and departmental checking of all receipts and expenditure, and the keeping of all necessary books and accounts;
(c) the forms for all accounts, books and documents whatsoever required under this Act and for which no provision is made in this Act;
(d) the purchase, safe custody, issue, sale or other disposal or writing-off of public stores, and the proper accounting for, and stock-taking of, public stores;
(e) the preparation of estimates of the revenue and expenditure of the Government;
(f) the making of advances to officers and other persons, the rates and limits of such advances and the rates of interest thereon;
(g) the form and denomination of Treasury Bills and the method by which Treasury Bills shall be issued;
(h) the discount, purposes and any other matters necessary for the management of borrowing by way of Treasury Bills;
(i) the registering of debentures, the registering of stock and the inscribing of stock in registers;
(j) the persons who may be registered as debenture holders or registered or inscribed as stockholders;
(k) the method by which any payment in respect of stock or debentures shall be made;
(l) the method by which stock may be transferred;
(m) the methods by which debentures or stock may be redeemed by purchase in the market, by annual drawings, by conversion or otherwise;
(n) the conditions subject to which stock or debentures may be exchanged, consolidated or subdivided; and
(o) the fees to be paid in respect of anything to be issued or done under this Act.
Repeal and savings
71.-(1) The Acts specified in, the Schedule are repealed.
(2) Without prejudice to section 18 of the Interpretation Act, notwithstanding the repeal of any Act by subsection (1), any instrument made or any other thing done under any of the provisions of the repealed Acts shall continue in force and shall, so far as it could have been made or done under this Act, have effect as if made or done under the corresponding provision of this Act.
(3) Notwithstanding the repeal of any Act by subsection (1), the repeal shall not affect the terms and conditions subject to which any person held any office immediately before the commencement of this Act.
SCHEDULE
(Section 71)
ENACTMENTS REPEALED
The Redemption Loan Act, 1946
The Fiji Development Loan Act, 1951
The Government Guarantee of Loans Act, 1979
The Finance (Control and Management) Act
The Government Loans Act
The Treasury Bills Act
Controlled by Ministry of Finance
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Subsidiary Legislation
CHAPTER 69
FINANCE
SECTION 3-DELEGATIONS OF FUNCTIONS
10th February 1982
(Legal Notice No. 13 of 1982)
The Minister of Finance has delegated to the Reserve Bank* such of the functions under the Act as are set out in the Schedule.
* See Act No. 14 of 1983, section 3(4).
SCHEDULE
Section Function
40(3) and (6) Power to invest sums transferred to the Borrowing Fund Account for the formation of the Sinking Fund-
(a) on fixed deposit with any bank;
(b) in any securities in which trustees are authorised to invest under the Trustee Act;
(c) in any security issued by any statutory body in Fiji; or
(d) in any stock in any loan for which the Sinking Fund has been created:
Provided that such investments shall be such as to enable any loan for which the Sinking Fund has been created, or any part of such loan, to be repaid at the date of the maturity of the loan or such part thereof, as the case may be.
40(4) Power to invest any dividends, interest or other yield from any investments made under subsections (3) or (6) of section 40 of the Act in any investments authorised by or under those subsections and to change such investments to other investments which are so authorised.
40(7) Power to utilise the whole or any part of the Sinking Fund for the repayment, in whole or in part, of any loan for which the Sinking Fund has been created, whether or not such loan has become due for repayment.
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13th December 1982
(Legal Notice No. 139 of 1982)
The Minister of Finance has delegated to the persons for the time being holding or acting in any public office designated in the first column of the Schedule the functions described in the third column of that Schedule against the designation of that office (subject to such limitations as may be specified in that column), being functions conferred upon him by the provisions of that Act referred to in the second column of that Schedule against that designation.
SCHEDULE
Permanent Secretary for Finance, a Deputy Secretary for Finance or the Chief Accountant (Treasury) .......................................................................
Any Chief Accounting Officer..............................
Permanent Secretary for Finance ...................................
Permanent Secretary for Finance ...................................
Permanent Secretary for Finance, a Deputy Secretary for Finance or the Principal Assistant Secretary (Budget) ..........................................................
Any Permanent Secretary (other than the Permanent Secretary for Finance) or any other Head of Department ................................................................
Any Assistant Secretary (Budget) .................................
Permanent Secretary for Finance ...................................
Permanent Secretary for Finance, a Deputy Secretary for Finance or the Chief Accountant (Treasury) ........................
Permanent Secretary for Finance ...................................
Permanent Secretary for Finance ...................................
Permanent Secretary for Finance ...................................
Permanent Secretary for Finance ...................................
Permanent Secretary for Finance ...................................
Permanent Secretary for Finance ...................................
Permanent Secretary for Finance ...................................
Permanent Secretary for Finance ...................................
Permanent Secretary for Finance ...................................
Permanent Secretary for Finance or a Deputy Secretary for Finance ...................................
Permanent Secretary for Finance or a Deputy Secretary for Finance ...................................
Permanent Secretary for Finance or a Deputy Secretary for Finance ...................................
Permanent Secretary for Finance ..........................................................................................
Permanent Secretary for Finance or a Deputy Secretary for Finance ...................................
Permanent Secretary for Finance or a Deputy Secretary for Finance ...................................
Permanent Secretary for Finance or a Deputy Secretary for Finance ...................................
Permanent Secretary for Finance, a Deputy Secretary for Finance, or the Chief Accountant (Treasury) ......................................................................
Permanent Secretary for Finance or a Deputy Secretary for Finance ...................................
Permanent Secretary for Finance ...................................
The issue of instructions to officers concerned with, or responsible for, public moneys, public stores or moneys entrusted to the Government as to their duties, the books or other records to be kept by them and the accounts to be rendered by them. Subject to the prior approval of the Permanent Secretary for Finance, the issue of instructions to those officers in a Chief Accounting Officer's Ministry or Department concerned with, or responsible for, public moneys, public stores or moneys entrusted to the Government as to their duties, the books or other records to be kept by them and the accounts to be rendered by them.
The power to authorise the opening of any public or official account with any bank or other financial institution. The management, supervision, direction and control of the expenditure and finances of the Government so as to ensure that a full account thereof is made to Parliament and that financial control is maintained.
The issue of virement warrants so as to alter the proportion of expenditure assigned by the estimates of expenditure approved by Parliament for any financial year to the different programmes, activities or standard expenditure groups shown in those estimates, so, however, that no new activity of expenditure shall be created.
The issue of virement warrants so as to alter the proportion of expenditure assigned by the estimates of expenditure approved by Parliament for any financial year to the different activities or standard expenditure groups for which the delegate is responsible, being activities and standard expenditure groups within the same programme of the same head of expenditure shown in those estimates, subject to the following limitations, that is to say-
(a) that no virement warrant shall be issued so as to alter the expenditure assigned to standard expenditure group (1) of any activity except in favour of such group of another activity;
(b) that no such warrant shall be issued so as to alter the expenditure assigned to standard expenditure groups (2), (3), (4), (5), (6) or (7) of any activity except-
(i) in favour of any such group of another activity; or
(ii) within the same activity;
(c) that no such warrant shall be issued so as to alter the expenditure assigned to standard expenditure groups (8), (9) or (10) of any activity except-
(i) in favour of any such group of another activity; or
(ii) within the same activity;
(d) no new activity, standard expenditure group or capital item of expenditure shall be created.
The issue of virement warrants, within programmes, between activities and/or standard expenditure groups of a particular head, provided that the amount being vired to an activity or standard expenditure group does not exceed 20% of the approved provision for that activity or standard expenditure group or $20,000, whichever is the greater and that no new activity or standard expenditure group is thereby created. The preparation, signing and transmission to the Auditor-General of such statements of account as the House of Representatives may from time to time require or the Minister may consider necessary, in pursuance of paragraph (c) of the said section 8. The custody of moneys paid into the Consolidated Fund.
The investment of moneys standing to the credit of Government.
The issue of warrants authorising the repayment of moneys paid in error into the Consolidated Fund.
The authorisation of the transfer to the Operating Fund Account of any funds received into the Borrowing Fund Account by way of borrowings.
The approval of the form to be used for debentures and the coupons attached to debentures.
The directing of additional particulars to be inscribed in the register of inscribed stock.
The approval of the form of the instrument to be used for transferring stock.
The approval of the form of application by the transferee of any stock for registration as the proprietor of such stock, and the approval of the manner by which such application shall be verified other than by way of statutory declaration.
The signing of an instrument evidencing a loan of public moneys.
The valuation of securities forming part of investments under section 12 of the Act, for each financial year.
The abandonment or discontinuance of the recovery of amounts of revenue, debts or overpayments.
The writing-off of losses or deficiencies of public moneys and the value of lost, deficient, condemned, unserviceable or obsolete public stores.
The approval of refunds.
The power to approve that nugatory expenditure shall stand charged in the accounts.
The surcharge of any person, where it appears to the delegate that that per-son has done or failed to do anything in respect of which the Minister may make a surcharge and where, within such period as shall be specified by the delegate, an explanation, satisfactory to the delegate, with respect to that act or omission, has not been furnished to the delegate.
The notification of a person surcharged under section 63 of the Act of the surcharge.
The notification of a person surcharged under section 63 of the Act of the withdrawal of the surcharge by the Minister.
The authorisation of the recovery of the amount of any surcharge by equal monthly instalments or by deductions from the salary of an officer or from the pension of a retired officer.
The authorisation of the payment of any sum not exceeding $1,000 due and payable by the Government without requiring production of probate or letters of administration.
169(3) The appointment of any officer as trustee of any moneys received and administered by the Government in the capacity of a trustee.
* See Legal Notice No. 191 of 1980. t See Legal Notice No. 161 of 1973.
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SECTION 43-ISSUE OF TREASURY BILLS
Notice *11th December 1980
The House of Representatives has resolved that the Minister of Finance be authorised to borrow by the issue in Fiji of Government Treasury Bills a sum not exceeding twenty-five million dollars in total.
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SECTION 46-APPOINTMENT OF AGENT
(Made by the Minister)
Notice 124th December 1973
The Reserve Bank of Fiji* has been appointed the agent of the Government for the purposes of Part VI of the Act.
* See Act No. 14 of 1983, section 3(4).
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SECTION 70-FINANCE (ADVANCES TO MINISTERS, MEMBERS OF THE HOUSE OF REPRESENTATIVES AND PUBLIC OFFICERS) REGULATIONS
TABLE OF PROVISIONS
REGULATION
1. Short title
2. Interpretation
3. Advances to Ministers and Members of the House of Representatives
4. Advances to public officers
5. Interest on advance
6. Terms and conditions
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Regulations* 22nd June 1984
* See Legal Notice No. 70 of 1984.
Short title
1. These Regulations may be cited as the Finance (Advances to Ministers, Members of the House of Representatives and Public Officers) Regulations.
Interpretation
2. In these Regulations "motor vehicle" includes a motor cycle.
Advances to Ministers and Members of the House of Representatives
3. The Government may make an advance to a Minister or a Member of the House of Representatives for the purchase of a motor vehicle.
Advances to public officers
4. The Government may make an advance to a public officer-
(a) of an amount not exceeding one months' salary of that officer;
(b) on retirement gratuity of an amount not exceeding 75% of the officer's entitlement;
(c) for the purchase of a motor vehicle;
(d) for the purchase of a refrigerator;
(e) for the purchase of a stove; and
(f) where the officer is to proceed on in-service training overseas for a period of 12 months or more-to provide passages for his family to accompany him.
Interest on advance
5. All advances made under these Regulations shall bear interest at the rate of 11% a year.
Terms and conditions
6. The Permanent Secretary for Finance may specify the terms and conditions applicable to advances under these Regulations.
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SECTION 70-FINANCE (CONTROL AND MANAGEMENT) REGULATIONS
TABLE OF PROVISIONS
PART I-PRELIMINARY
REGULATION
1. Short title
2. Interpretation
PART II-DUTIES OF ACCOUNTING OFFICERS
3. Chief accounting officers
4. Duties of the Chief Accountant
5. Authorisation of postmasters to hold cash balances, etc.
6. Responsibilities of accounting officers
7. Inspection of accounts
PART III-ACCOUNTING PROCEDURES AND ACCOUNTING EQUIPMENT
8. Departmental instructions and internal checks
9. Approval of purchase of accounting equipment
PART IV-GENERAL PROVISIONS AS TO PAYMENTS
10. Payments for supplies or work under contract
11. Payment by cheque
12. Payment of claims
13. Payments to personal legal representatives
14. Payments to persons other than those named in vouchers
15. Overseas payments
16. Payments on behalf of other Governments
17. Identification of payees
18. Accounts to be paid promptly
PART V-PAYMENT OF SALARIES, WAGES, ETC.
19. Payment and computing of salaries.
20. Deductions from salary
21. Payment of pensions
PART VI-BANK ACCOUNTS AND CHEQUES
22. Signing of cheques
23. Officers authorised to endorse cheques
24. Manner in which cheques shall be drawn
25. Bill of exchange and promissory notes
PART VII-REVENUE COLLECTION AND RECEIPTS
26. Appointment of revenue collectors
27. Responsibility of revenue collectors
28. Responsibility for revenue collection
29. Receipt of money which is not legal tender
30. Form of official receipts, etc.
PART VIII-REVOLVING ACCOUNTS AND TRUST ACCOUNTS, ETC.
31. Authorised limit not to be exceeded
32. Authority to open trust account
33. Ledgers to be maintained
34. Trust account returns
35. Authority for advances to officers
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Regulations* 21st December 1981.
*See Legal Notice No. 139 of 1981.
(Made by the Minister of Finance)
PART I-PRELIMINARY
Short title
1. These Regulations may be cited as the Finance (Control and Management) Regulations.
Interpretation
2. In these Regulations, unless the context otherwise requires-
"Chief Accountant" means the person in charge of the Treasury;
"chief accounting officer" means any accounting officer responsible for controlling any of the votes of the estimates, as specified in the estimates, or as authorised by the Minister;
"Department" includes, in relation to any officer, the Ministry, Department within a Ministry, or the section within such a Department, which is under his supervision;
"the estimates" means the estimates of expenditure authorised by an Appropriation Act;
"postmaster" means an officer who is in charge of a post office;
"revenue collector" means any officer who is entrusted under the Act or any other Act with an official receipt or licence book for the collection of a particular kind of revenue, and who is required to keep a cash book recording all moneys received;
"Treasury" means the Treasury Department in the Ministry of Finance;
"trust account" means any account opened and maintained in the Consolidated Trust Fund established for the purposes of section 69 of the Act;
"trust moneys" means trust moneys not belonging to the Government; and
"vote" means an allocation of expenditure approved by Parliament.
PART II-DUTIES OF ACCOUNTING OFFICERS
Chief Accounting Officers
3.-(1) A chief accounting officer shall be personally responsible for the regularity of all payments from the votes or funds under his control.
(2) A chief accounting officer shall be responsible for-
(a) ensuring that all payments from the votes or funds under his control are properly authorised;
(b) promptly charging in his accounts under the proper heads, divisions and subdivisions of the estimates and other accounts all payments from the votes or funds under his control;
(c) ensuring that revenue is collected promptly and properly accounted for, bringing to account as revenue any excess moneys found, and making good any deficiency due to his negligence;
(d) ensuring that the work of his Department is carried on without waste or extravagance;
(e) furnishing his Ministry, the Ministry of Finance and the Auditor-General with any information called for concerning public accounts or public stores;
(f) ensuring the prompt preparation and submission on their due dates of all financial returns which the Minister, the Chief Accountant or the Auditor-General may require;
(g) arranging, and ensuring adherence to, a system of internal control covering all aspects of revenue and expenditure (including underline transactions) of moneys and all public stores under his control in order to guard against irregularity;
(h) ensuring the safe-keeping of public moneys and public stores under his control, in particular, revenue earning receipts, licences and valuable documents; and
(i) answering to the Minister in respect of the revenue and receipts which he is responsible for collecting.
Duties of the Chief Accountant
4. The Chief Accountant shall-
(a) ensure that a proper system of accounting is established in every Department, and, when satisfied, approve proposed accounting procedures in relation to that Department;
(b) ensure that proper arrangements are made in every Department for the safe-keeping of all public moneys, trust moneys, revenue earning receipts, licences and valuable documents;
(c) notify the Minister of apparent extravagance and of any over-expenditure or unauthorised expenditure of a vote;
(d) bring promptly to account all public moneys and trust moneys paid into the Treasury, or accounted for to him;
(e) promptly charge in his accounts under, the proper heads, divisions and subdivisions of expenditure, all expenditure of the Government; and
(f) prepare financial statements and returns, and render accounts for audit to the Auditor-General.
Authorisation of postmasters to hold cash balances, etc.
5. Where the Chief Accountant is satisfied that it is not practicable to use the services of a bank in any area, he may authorise a postmaster in that area to hold public moneys for the purposes of Government expenditure and to accept lodgements from revenue collectors, subject to such conditions as the Chief Accountant deems fit.
Responsibilities of accounting officers
6. An accounting officer shall be personally responsible for the proper collection and custody of all public moneys and trust moneys receivable by him and for any inaccuracies in the accounts rendered by him or on his behalf.
Inspection of accounts
7. -(1) The Chief Accountant may appoint any other officer to carry out an inspection in any Department of all books, records or returns relating to public moneys and to check all public moneys; and a chief accounting officer may appoint any other officer to carry out such an inspection of all books, records or returns relating to public moneys and public stores for which he is responsible.
(2) Every officer appointed under paragraph (1) shall be furnished with a certificate of his appointment and shall, if so required, produce the certificate. (3) Every accounting officer shall furnish to an officer appointed under paragraph (1) all such information and access to any public moneys, books, records and returns as he may require for the purposes for which he was so appointed.
PART III-ACCOUNTING PROCEDURES AND ACCOUNTING EQUIPMENT
Departmental instructions and internal checks
8.-(1) Subject to the prior approval of the Chief Accountant, every chief accounting officer shall issue instructions which shall clearly define the accounting procedures to be followed in his Department to every officer in that Department.
(2) Instructions issued under paragraph (1) shall include details of the system of internal check which is to be followed in the Department to which the instructions relate, and the chief accounting officer issuing those instructions shall ensure that they, as well as the provisions of these Regulations and the Act, are complied with.
(3) Any such instructions shall not be varied except with the prior approval of the Chief Accountant.
Approval of purchase of accounting equipment
9. The purchase of accounting equipment shall not be made otherwise than with the approval of the Chief Accountant.
PART IV-GENERAL PROVISIONS AS TO PAYMENTS
Payments for supplies or work under contract
10. Where supplies are furnished or work is done under contract, the accounting officer making the payments therefor shall certify that-
(a) the payments are in accordance with the terms of the contract;
(b) the supplies have been received; or
(c) the work has been properly done;
as the case may be, and no payment on account shall be made over and above the amount of the cost of the work so certified to have been done.
Payment by cheque
11. Where a bank account is kept, all payments shall be made directly to payees by cheque or, where necessary, by the withdrawal of money by cheque.
Payment of claims
12. Payments shall be made only to the persons named in the vouchers, or to their personal legal representatives.
Payments to personal legal representatives
13. Where payments are made under regulation 12 to a personal legal representative of any person, the power of attorney, letters of administration, probate or other instrument appointing the representative to act, shall be produced for inspection and the production thereof shall be recorded on the appropriate voucher.
Payments to persons other than those named in vouchers
14. Where the payee or his personal legal representative is prevented by illness or otherwise from collecting in person any sum due and payable to him, an accounting officer may, on obtaining a signed and witnessed authorisation from the payee so to do, pay that sum to the person so authorised to receive payment of the same.
Overseas payments
15. Payments shall not be made outside Fiji except with the written authorisation of the Chief Accountant.
Payments on behalf of other Governments
16. Payments made on behalf of a Government other than the Government of Fiji shall not be made except with the written authorisation of the Chief Accountant; and a claim for reimbursement from such other Government shall be made immediately the payment is effected.
Identification of payees
17. An officer making any payment to any person shall satisfy himself that the person claiming the payment is entitled thereto or properly authorised to receive the same.
Accounts to be paid promptly
18. A chief accounting officer and any other officer incurring a public liability shall be responsible for ensuring that there is no delay in securing an account therefor and effecting the payment of the account.
PART V-PAYMENT OF SALARIES, WAGES, ETC.
Payment and computing of salaries
19. Salaries to officers shall be paid at such intervals as may be notified by the Minister in the Gazette.
(2) Payment in respect of salaries for a broken period shall be paid pro rata. (3) In the event of death, retirement or resignation of an officer, the Chief Accountant shall promptly suspend payments of salary.
Deductions from salary
20. In addition to the deductions which may be made from an officer's salary under the provisions of the Act or any other Act, the Chief Accountant may, upon the written request of the officer concerned, arrange for other deductions to be so made.
Payment of pensions
21. Pensions shall be paid in the same manner and at the same intervals as salaries are payable under regulation 19.
PART VI-BANK ACCOUNTS AND CHEQUES
Signing of cheques
22. All cheques drawn against an official bank account shall be signed by two officers authorised by the Chief Accountant or a chief accounting officer.
Officers authorised to endorse cheques
23.-(1) A revenue collector may endorse cheques for lodgement to the credit of an official bank account.
(2) The written authorisation of the Chief Accountant shall be required for the endorsement of cheques drawn on official bank accounts in favour of a chief accounting officer and to be presented for encashment.
Manner in which cheques shall be drawn
24. A revenue collector shall not accept cheques by way of payment unless they are made payable to the Government or to the chief accounting officer concerned by designating the title of his office.
Bills of exchange and promissory notes
25. A revenue collector shall not accept any bills of exchange or promissory notes without the approval of the Chief Accountant.
PART VII-REVENUE COLLECTION AND RECEIPTS
Appointment of revenue collectors
26. Every revenue collector shall be appointed in writing by a chief accounting officer by reference to the title of the office the collector holds, and not by reference to his name.
Responsibility of revenue collectors
27.-(1) Every revenue collector (other than the Chief Accountant, a postmaster or any officer appointed as revenue collector for a limited period) who receives in his official capacity any duties, taxes, licences, fees, rents or other moneys, whether public moneys or not, shall pay the whole amount thereof not later than the day next following the day on which the payment thereof was received, or at such intervals as may be specified in the collector's letter of appointment, to a bank to the credit of the Government account, or to a postmaster authorised under regulation 5 to accept the same.
(2) Cheques received as revenue by a revenue collector shall not be used by him to effect payments by endorsement to a third party or for any other purpose.
Responsibility for revenue collection
28.-(1) A chief accounting officer shall be personally responsible for the prompt submission of bills in respect of services rendered by Government.
(2) Except where it is otherwise provided in any other written law or in any contract with the Government, where a bill in respect of any such service is not settled within one month of the date of issue of the bill, any service of the same kind which is currently being rendered by the Government to the debtor shall cease, and the debtor shall be promptly advised accordingly.
Receipt of money which is not legal tender
29. Money which is not legal tender in Fiji shall not be accepted without the approval of the Chief Accountant.
Form of official receipts, etc.
30.-(1) Every revenue earning receipt, licence, permit, certificate or other document with respect to payments received on behalf of the Government shall, where the form thereof is not prescribed by any written law, be in such form as the Chief Accountant shall determine.
PART VIII-REVOLVING ACCOUNTS AND TRUST ACCOUNTS, ETC.
Authorised limit not to be exceeded
31. An accounting officer shall not make any payments out of a revolving account so as to exceed the limit fixed by the Minister under section 57 of the Act in relation to that account.
Authority to open trust account
32. A chief accounting officer shall not open any trust account without the written authorisation of the Chief Accountant.
Ledgers to be maintained
33. An accounting officer operating a trust account authorised under regulation 32 shall maintain a ledger in such form as shall be approved by the Chief Accountant.
Trust account returns
34. An accounting officer who operates a trust account authorised under regulation 32 shall submit monthly to his chief accounting officer a return containing details of payments into and out of the account.
Authority for advances to officers
35.-(1) An advance out of the Consolidated Fund to any officer shall not be granted except with the authority in writing of the Chief Accountant or of the Permanent Secretary for Finance.
(2) A chief accounting officer shall be responsible for ensuring that advances made under paragraph (1) to any officer in his Department are repaid in accordance with the conditions subject to which the advance was made.
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SECTION 70-FINANCE (PUBLIC WORKS) REGULATIONS
TABLE OF PROVISIONS
REGULATION
1. Short title
2. Interpretation
3. Control over tenders for public works
4. Constitution of Public Works Tenders Board
5. Functions of the Board
6. Issue and advertisement of invitations to tender
7. Opening and recording of tenders, etc.
8. Preliminary examination and evaluation of tenders
9. Notification to tenderers and publication of name of successful tenderer
10. Selective tendering
11. Execution of contracts for public works
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Regulations* 11th May 1982
* See Legal Notice No. 43 of 1982.
(Made by the Minister of Finance)
Short title
1. These Regulations may be cited as the Finance (Public Works) Regulations.
Interpretation
2. In these Regulations, unless the context otherwise requires-
"Board" means the Public Works Tenders Board established by regulation 4;
"Department" includes, in relation to any officer, the Ministry, Department within a Ministry, or the section within such a Department, which is under his supervision;
"Permanent Secretary" means the Permanent Secretary for Works;
"public works" means any building or engineering operations for the Government; and
"Secretary of the Board" means the officer appointed to be the Secretary of the Board under paragraph (4) of regulation 4.
Control over tenders for public works
3. No tender for the carrying out of any public works shall be called for, considered or accepted otherwise than in accordance with these Regulations.
Constitution of Public Works Tenders Board
4. -(1) There is hereby established a board to be known as the Public Works Tenders Board.
(2) The Board shall consist of-
(a) the Permanent Secretary;
(b) the Permanent Secretary for Finance;
(c) the Permanent Secretary for Primary Industries;
(d) the Permanent Secretary for Economic Development, Planning and Tourism; and
(e) the Comptroller of Customs and Excise.
(3) The Permanent Secretary shall be the Chairman of the Board, and in his absence from any meeting of the Board, the Chairman shall be elected from among their number by the members of the Board present at the meeting.
(4) There shall be an officer, not being a member of the Board, who shall be appointed by the Chairman of the Board to act as Secretary of the Board.
(5) The quorum for a meeting of the Board shall be three members.
(6) Any member of the Board may authorise an officer of his Department having the status of a Deputy or Assistant Head of the Department to attend a meeting of the Board in his stead.
(7) The Board may co-opt any officer as a member of the Board.
(8) The Board shall meet at such place and time as the Chairman shall direct.
(9) Subject to the provisions of these Regulations and to any directions given by the Minister, the Board shall regulate its own procedure.
Functions of the Board
5.-(1) Subject to paragraph (2), the Board shall consider every tender called for by the Secretary of the Board under regulation 6 for the carrying out of any public works and, after taking into account any recommendations made in any report required to be made to the Board under regulation 8 in relation to that tender, may authorise the acceptance of the tender.
(2) Where the Board is satisfied, after considering any tender, that it is unreasonable or collusive, it shall reject the tender.
Issue and advertisement of invitations to tender
6. -(1) All invitations for tenders for the carrying out of public works shall be issued by the Secretary of the Board.
(2) All invitations for tenders issued by the Secretary of the Board shall be published on at least two occasions in a newspaper circulating in Fiji, and the Secretary of the Board shall ensure that they are so published in good time so as to allow for the preparation and submission of tenders.
(3) An invitation for tenders published in accordance with paragraph (2) shall-
(a) contain information as to the works in respect of which the tenders are invited which shall be sufficient to enable any person desiring to submit a tender to prepare his tender; or
(b) indicate where such information shall be made available to any such person.
Opening and recording of tenders, etc.
7.-(1) On the date by which tenders are required to be submitted to the Board as specified in the advertisement relating thereto and published in accordance with regulation 6, the tenders shall be received and opened in the presence of the Secretary and any two members of the Board, shall be recorded by the Secretary of the Board in a register kept for the purpose and shall be stamped and initialled by those members.
(2) Any person who has submitted a tender, or any other person authorised by him in that behalf, may be present when his tender is opened in accordance with paragraph (1).
Preliminary examination and evaluation. of tenders
8.-(1) Upon the opening and recording of any tenders in accordance with regulation 7, the Secretary of the Board shall, if required to do so by the Board, refer the tenders to a panel of officers appointed by the Board to examine and evaluate tenders for the carrying out of public works.
(2) The panel of officers appointed as aforesaid shall report to the Secretary of the Board on the examination and evaluation carried out by it of any tenders referred to it under paragraph (1) with such recommendations as it thinks fit in respect of each of those tenders.
Notification to tenderers and publication of name of successful tenderer
9.-(1) The Secretary of the Board shall inform any person whose tender has been considered by the Board as to whether or not his tender has been accepted by the Board.
(2) The Secretary of the Board may cause a notice to be published in a newspaper circulating in Fiji disclosing the name of the person whose tender has been accepted by the Board.
Selective tendering
10. Notwithstanding anything contained in the foregoing provisions of these Regulations, the Secretary of the Board may, if he is authorised to do so by the Board, issue an invitation for tenders only to such persons as shall have been selected by the Board; and in that event the provisions of these Regulations, other than paragraph (2) of regulation 6, shall have effect as nearly as may be as if such invitation had been published in accordance with that paragraph.
Execution of contracts for public works
11. No person other than the Permanent Secretary, or any person authorised by him in that behalf, shall execute a contract for the carrying out of any public works.
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SECTION 70-FINANCE (SUPPLIES AND SERVICES) (GENERAL) REGULATIONS
TABLE OF PROVISIONS
PART I-PRELIMINARY
REGULATION
1. Short title
2. Interpretation
PART II-GENERAL CONTROL OF SUPPLIES AND SERVICES
3. General control as respects tenders, indents and orders
4. Duties of Controller
5. Duties of Heads of Departments
6. Duties of other officers in charge of public stores
7. Inspection of public stores
8. Boards of Survey
9. Departmental instructions
PART III-TENDERS BOARDS
10. Constitution of Supplies and Services Board
11. Functions of the Board
12. Major Tenders Board
13. Minor Tenders Board
14. Departmental and Divisional Tenders Boards
PART IV-TENDERS
15. Annual tenders
16. Issue and advertisement of invitations to tender
17. Opening and recording of tenders, etc.
18. Publication of name of successful tenderer
PART V-PURCHASE OF GOODS AND SERVICES
19. Controller authorised to execute contracts for the supply of goods and services
20. Principles to be observed in purchasing goods and services
21. Purchase of goods and services by private treaty
22. Purchase of goods for resale
23. Commission and royalties
24. Direct purchase by Heads of Departments
25. Emergency purchases
PART VI-DISPOSAL OF PUBLIC STORES
26. Disposal of public stores
27. Disposal of public stores under the authority of the Permanent Secretary for Finance
28. Disposal under the authority of Permanent Secretary for Finance of public stores produced for sale
29. Disposal of public stores conditionally on their replacement
PART VII-MISCELLANEOUS
30. Authority to operate revolving accounts
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Regulations* 10th May 1982
* See Legal Notice 42 of 1982.
(Made by the Minister of Finance)
PART I-PRELIMINARY
Short title
1. These Regulations may be cited as the Finance (Supplies and Services) (General) Regulations.
Interpretation
2.-(1) In these Regulations, unless the context otherwise requires-
"Board" means the Supplies and Services Board established by regulation 10;
"Controller" means the person in charge of the Government Supplies Department;
"Department" includes, in relation to any officer, the Ministry, Department within a Ministry, or the section within such a Department, which is under his supervision;
"Departmental Tenders Board" means a board appointed under paragraph (4) of regulation 11 to consider and authorise the acceptance of tenders for the supply of goods or services for the purposes of any Department;
"Divisional Tenders Board" means a board appointed under paragraph (4) of regulation 11 to consider and authorise the acceptance of tenders for the supply of goods and services for the purposes of any Division;
"goods" means personal property of any description but does not include public stores;
"Head of Department" means the officer in charge of a Department;
"Major Tenders Board" means the board established by regulation 12;
"Minor Tenders Board" means the board established by regulation 13;
"revolving account" means any account created by the Minister under section 57 of the Act;
"services" includes the performance of any works other than building and engineering operations; and
"tenders board" means the Board, the Major Tenders Board, the Minor Tenders Board and any Departmental or Divisional Tenders Board.
(2) The provisions of these Regulations relating to the supply of goods and services to the Government and to the disposal of public stores shall apply, mutatis mutandis, in relation to the purchase by and from the Government of any interest in land.
(3) Any reference to the supply of goods and services shall be construed as a reference to the supply of goods and services to the Government.
PART II-GENERAL CONTROL OF SUPPLIES AND SERVICES
General control as respects tenders, indents and orders
3.-(-1) No tender for the supply of goods or services, or for the purchase of public stores, shall be called for, considered or accepted otherwise than in accordance with these Regulations.
(2) No indent or order for the supply of goods or services shall be issued or approved otherwise than in accordance with these Regulations.
Duties of the Controller
4.-(1) The Controller shall-
(a) subject to the provisions of these Regulations, be generally responsible for the supply of all goods and services and for the custody and disposal of all public stores;
(b) ensure that the provisions of regulation 3 are complied with;
(c) ensure that the instructions required to be issued by Heads of Departments under regulation 9 are issued by them; and
(d) periodically carry out the inspection and audit of all stock balances and inventories and report thereon to the Head of the Department concerned.
(2) The Controller may appoint any person to act as his agent for the purpose of discharging any of his functions under these Regulations outside Fiji.
Duties of Heads of Departments
5. Every Head of Department shall-
(a) ensure that the instructions issued by him under regulation 9 are complied with as respects any public stores under his control; and
(b) furnish the Controller and the Auditor-General with any information which they may require as respects such public stores.
Duties of other officers in charge of public stores
6. Every officer shall be personally responsible for the custody of all public stores under his control and for ensuring that no public stores under his control are disposed of otherwise than in accordance with these Regulations.
Inspection of public stores
7.-(1) The Controller may inspect, or may appoint any officer of the Government Supplies Department to carry out an inspection of, public stores and any books, records or returns relating to public stores:
Provided that any officer shall not be appointed by the Controller under this paragraph to inspect public stores, books, records or returns relating to public stores for which that officer is responsible.
(2) Every officer appointed under paragraph (1) shall be furnished with a certificate of his appointment and shall, if so required, produce the certificate.
(3) Every officer shall furnish to an officer appointed under paragraph (1) all such information and access to any public stores, books, records and returns as he may require for the purposes for which he was appointed.
Boards of Survey
8.-(1) The Controller may appoint a Board of Survey to inquire into any of the following matters, that is to say, whether or not public stores under the control of any Head of Department are-
(a) serviceable;
(b) surplus to the requirements of that Department; or
(c) obsolete having regard to those requirements,
and such Board of Survey shall report on its findings to the Permanent Secretary for Finance together with such recommendations as it may think fit as to the retention or disposal of those stores.
(2) Subject to paragraph (3), a Board of Survey appointed under paragraph (1) shall consist of not less than two officers, of whom one shall be the Chairman.
(3) Where a Board of Survey has been appointed under paragraph (1) to enquire into any such matter as mentioned in that paragraph in relation to public stores under the control of the Head of any Department-
(a) the Chairman of the Board of Survey shall not be an officer of that Department;
(b) not more than one member of the Board of Survey shall be an officer of that Department; and
(c) no officer who is or was responsible for those public stores shall be a member of the Board of Survey.
(4) The Chairman of a Board of Survey appointed under paragraph (1) may require any officer to furnish him with expert or technical advice, and may request such advice from any person who is not an officer.
Departmental instructions
9.-(1) Subject to paragraph (2), the Head of a Department may, and, if required to do so by the Controller, shall, prepare and issue instructions which shall clearly define the system of internal control with respect to all public stores under his control so as to guard against irregularity, and, in particular, but without prejudice to the generality of the foregoing, with respect to-
(a) the receipt of public stores by his Department and the custody and issue of stores under his control;
(b) the keeping of proper books and other records relating to public stores under his control; and
(c) the regular inspection and audit of public stores under his control. (2) No such instructions shall be issued without the approval of the Controller, and no such instructions which have been issued shall be varied without his approval.
PART III-TENDERS BOARDS
Constitution of Supplies and Services Board
10.-(1) There is hereby established aboard to be known as the Supplies and Services Board.
(2) The Board shall consist of-
(a) the Permanent Secretary for Finance;
(b) the Permanent Secretary for Works and Transport;
(c) the Permanent Secretary for Posts and Telecommunications;
(d) the Permanent Secretary for Economic Development, Planning and Tourism;
(e) the Permanent Secretary for Primary Industries;
(f) the Permanent Secretary for Health;
(g) the Comptroller of Customs and Excise;
(h) the Government Printer; and
(i) the Controller.
(3) The Permanent Secretary for Finance shall be the Chairman of the Board, and, in his absence from any meeting of the Board, the Chairman shall be elected from among their number by the members of the Board present at the meeting.
(4) There shall be an officer, not being a member of the Board, who shall be appointed by the Chairman of the Board to act as secretary of the Board.
(5) The quorum for a meeting of the Board shall be five members.
(6) Any member of the Board may authorise an officer of his Department who is a Deputy or Assistant Head of the Department to attend a meeting of the Board in his stead.
(7) The Board may co-opt any officer as a member of the Board.
(8) The Board shall meet at such place and time as the Chairman shall direct.
(9) Subject to the provisions of these Regulations and to any directions given by the Minister, the Board shall regulate its own procedure.
Functions of the Board
11.-(1) The Board may require the Controller to submit to it for its consideration any tender called for by the Controller for the supply of goods or services or for the purchase of public stores, or any indent or order for the supply of goods or services intended to be issued by the Controller; and thereupon the Controller, notwithstanding any of the provisions of these Regulations requiring the tender, indent or order to be considered by any other tenders board, shall submit the same to the Board for its consideration.
(2) Subject to paragraph (3), after it has considered any such tender, indent or order, the Board may authorise the Controller to accept the tender or to issue the indent or order, as the case may be.
(3) Where the Board is satisfied, after considering any tender, indent or order-
(a) that the tender is unreasonable or collusive; or
(b) that the indent or order is unjustifiable,
it shall reject the tender or refuse to approve the issue of the indent or order, as the case maybe.
(4) The Board may appoint a board to consider and authorise the acceptance of-
(a) any tenders for the supply of goods or services required exclusively for the purposes of any Department; or
(b) any tenders for the supply of goods or services obtainable from sources in Fiji and required exclusively for the purposes of any Division.
(5) The Board-
(a) shall formulate a policy for the standardisation of public stores and shall assess and select the most suitable sources of supply of goods and services; and
(b) may issue instructions to any other tenders board as respects compliance with such a policy and the purchase of goods and services from such sources.
Major Tenders Board
12.-(1) There is hereby established aboard to be known as the Major Tenders Board.
(2) The Major Tenders Board shall consist of-
(a) the Deputy Secretary for Finance (Administration);
(b) the Deputy Secretary for Works;
(c) the Controller;
(d) the Principal Supplies Officer in the Government Supplies Department; and
(e) the Director of Trade and Industry.
(3) The Deputy Secretary for Finance (Administration) shall be the Chairman of the Major Tenders Board, and, in his absence from a meeting of that board, the Chairman shall be elected from among their number by the members of that board present at the meeting.
(4) The quorum for a meeting of the Major Tenders Board shall be three members.
(5) The Major Tenders Board may co-opt any officer as a member.
(6) The Major Tenders Board shall meet at such place and time as the Chairman shall direct.
(7) Subject to the provisions of these Regulations and to any directions given by the Board, the Major Tenders Board shall regulate its own procedure.
(8) Subject to paragraphs (9) and (10), the Major Tenders Board-
(a) shall consider and may authorise the acceptance of any tender called for by the Controller for the supply of goods or services or for the purchase of public stores where the price of those goods, services or stores specified in the tender, or in any other tender relating to the same goods, services or stores exceeds twenty-five thousand dollars; and
(b) shall consider and may approve the issue of any indent or order intended to be issued by the Controller for goods or services where the estimated price of those goods or services exceeds twenty-five thousands dollars,
and, in considering any such tender, indent or order, shall conform with any appropriate instructions issued by the Board under paragraph (5) of regulation 11.
(9) The Major Tenders Board shall not consider any tender, indent or order which a Departmental or Divisional Tenders Board has been appointed to consider.
(10) Where the Major Tenders Board is satisfied, after considering any tender, indent or order-
(a) that the tender is unreasonable or collusive; or
(b) that the indent or order is unjustifiable,
it shall reject the tender or refuse to approve the issue of the indent or order, as the case may be.
Minor Tenders Board
13.-(1) There is hereby established a board to be known as the Minor Tenders Board.
(2) The Minor Tenders Board shall consist of the following officers in the Government Supplies Department-
(a) the Principal Supplies Officer;
(b) the Senior Accountant;
(c) the Senior Supplies Officer (Technical); and
(d) the Senior Supplies Officer (Civil).
(3) The said Principal Supplies Officer shall be the Chairman of the Minor Tenders Board, and, in his absence from a meeting of that board, the Chairman shall be elected from among their number by the members of that board present at the meeting.
(4) The quorum for a meeting of the Minor Tenders Board shall be three members.
(5) The Minor Tenders Board may co-opt any officer as a member.
(6) The Minor Tenders Board shall meet at such place and times as the Chairman shall direct.
(7) Subject to the provisions of these Regulations and any directions given by the Board, the Minor Tenders Board shall regulate its own procedure.
(8) Subject to paragraph (9), the Minor Tenders Board-
(a) shall consider and may authorise the acceptance of any tender called for by the Controller for the supply of goods or services for the purchase of public stores which is not required to be considered by the Major Tenders Board under regulation 12; and
(b) shall consider and may approve the issue of any indent or order intended to be issued by the Controller for goods of services, being an indent or order which is not required to be considered by the Major Tenders Board under that regulation,
and, in considering any such tender, indent or order, shall conform with any appropriate instructions issued by the Board under paragraph (5) of regulation 11.
(9) Paragraphs (9) and (10) of regulation 12 shall have effect in relation to the Minor Tenders Board as if any reference therein to the Major Tenders Board were substituted by a reference to the Minor Tenders Board.
Departmental and Divisional Tenders Boards
14.-(1) Subject to paragraph (2), a Departmental or Divisional Tenders Board shall consider and may authorise the acceptance of any tenders which it has been appointed to consider under paragraph (4) of regulation 11, and, in considering any such tenders, shall conform with any appropriate instructions issued by the Board under paragraph (5) of that regulation.
(2) Where a Departmental or Divisional Tenders Board is satisfied, after considering any tender, that the tender is unreasonable or collusive, it shall reject the tender.
(3) Subject to the provisions of these Regulations and any directions given by the Board, a Departmental or Divisional Tenders Board shall regulate its own procedure.
PART IV-TENDERS
Annual tenders
15.-(1) Subject to paragraph (2), where any goods or services, are regularly required for the benefit of more than one Department, the Controller shall, as respects any year, call for tenders for the supply of such goods and services to meet the requirements of those Departments for that year.
(2) If the Controller is satisfied that it would be more advantageous to obtain tenders for the supply of such goods and services to meet those requirements over a longer period than one year, he may call for tenders for the supply of such goods and services to meet those requirements over such longer period.
Issue and advertisement of invitations to tender
16.-(1) Subject to paragraph (2) of regulation 24, all invitations for tenders for the supply of goods or services shall be issued by the Controller.
(2) All invitations for tenders issued by the Controller shall be published on at least two occasions in a newspaper circulating in Fiji, and the Controller shall ensure that they are so published in good time so as to allow for the preparation and submission of tenders.
(3) An invitation for tenders published in accordance with paragraph (2) shall contain information as to the goods or services in respect of which the tenders are invited which shall be sufficient to enable any person desiring to submit a tender to prepare his tender.
Opening and recording of tenders, etc.
17.-(1) On the date by which tenders are required to be submitted to any tenders board as specified in the advertisement relating thereto and published in accordance with regulation 16-
(a) in the case of tenders other than tenders required to be submitted to a Divisional Tenders Board, the tenders shall be received and opened in the presence of the secretary and any two members of the Board, shall be recorded by the secretary of the Board in a register kept for the purpose, and shall be stamped and initialled by those members;
(b) in the case of tenders required to be submitted to a Divisional Tenders Board, the tenders shall be received and opened in the presence of the secretary and any two members of that board, shall be recorded by the secretary of that board in a register kept for the purpose, and shall be stamped and initialled by those members.
(2) Any person who has submitted a tender, or any other person authorised by him in that behalf, may be present when his tender is opened in accordance with paragraph (1).
Publication of name of successful tenderer
18. The Controller may cause a notice to be published in a newspaper circulating in Fiji disclosing the name of the person whose tender for the supply of goods or services has been accepted.
PART V-PURCHASE OF GOODS AND SERVICES
Controller authorised to execute contracts for the supply of goods and services
19. Subject to the provisions of this Part of these Regulations, no person other than the Controller, or any other person authorised by the Controller in that behalf, shall execute any contract for the supply of goods and services.
Principles to be observed in purchasing of goods and services
20. Subject to the provisions of this Part of these Regulations, all goods and services shall be purchased from the most advantageous source and, whenever practicable, at competitive prices.
Purchase of goods and services by private treaty
21. Goods and services may be purchased by the Controller for the use of any Department by private treaty where the purchase price is less than such amount as shall be fixed by instructions issued under subsection (1) of section 3 of the Act.
Purchase of goods for resale
22. The Controller shall not purchase any goods for resale except with the approval of the Permanent Secretary for Finance.
Commissions and royalties
23. The Controller, or any Head of Department authorised by the Controller in that behalf, may enter into a contract with any person-
(a) for the printing and publication of any book or other document in respect of which copyright vests in the Crown; or
(b) for the manufacture or assembly of any goods in respect of which the original designs or specifications have been provided by the Government,
in consideration for the payment to the Government of such commission or royalty as shall be determined by or in accordance with the contract.
Direct purchase by Heads of Department
24.-(1) Where a tender made by any person for the supply of goods or services, being a tender called for by the Controller under regulation 15, has been accepted, a Head of Department may, if he is authorised to do so by the Controller, issue an indent or order for such goods or services, and make payments therefor, directly to that person.
(2) A Head of Department may, if he is authorised to do so by the Controller, invite tenders for the supply of any goods or services and, if the acceptance of any such tender made by any person is authorised by the appropriate tenders board in accordance with Part III of these Regulations, may issue an indent or order for such goods or services, and make payments therefor, directly to that person.
Emergency purchases
25. A Head of Department may purchase goods or services which may be required to meet any emergency and, if he does so, shall report on such purchase to the Controller as soon as may be reasonably practicable.
PART VI-DISPOSAL OF PUBLIC STORES
Disposal of public stores
26.-(1) Public stores shall not be disposed of otherwise than in accordance with this Part of these Regulations or under the authority of the Minister or of a Resolution of the House of Representatives in pursuance of section 62 of the Act.
(2) Subject to the provisions of this Part of these Regulations, no person other than the Controller, or any person authorised by the Controller in that behalf, shall execute any contract for the sale or loan of public stores.
Disposal of public stores under authority of Permanent Secretary for Finance
27.-(1) Where the Permanent Secretary for Finance is satisfied, after considering the report of a Board of Survey appointed under regulation 8 with respect to any public stores under the control of any Head of Department, that those stores are no longer serviceable, are surplus to the requirements of that Department or are obsolete having regard to those requirements, he may authorise the Head of that Department to dispose of them-
(a) by sale or exchange;
(b) by transfer to any other Department;
(c) by way of loan; or
(d) where those stores are found to be unserviceable, by gift or by destruction in such manner as the Permanent Secretary for Finance may direct,
and those stores shall be disposed of accordingly by the Controller or by a Head of Department authorised by him in that behalf.
(2) Where the Permanent Secretary for Finance has authorised the sale of any public stores under paragraph (1), the Controller shall determine whether they are to be sold by public auction or by public tender.
Disposal under authority of Permanent Secretary for Finance
of public stores produced for sale
28. Public stores which have been produced for sale may be disposed of by the Head of the Department which produced them if he is authorised to do so by the Permanent Secretary for Finance.
Disposal of public stores conditionally on their replacement
29. The Controller, or the Head of any Department authorised by him in that behalf, may issue public stores to any person on condition that that person shall supply identical goods to the Government within such period as the Controller or such Head of Department, as the case may be, shall direct.
PART VII-MISCELLANEOUS
Authority to operate revolving accounts
30. No officer shall operate a revolving account created in pursuance of section 57 of the Act unless he has been authorised to do so by the Minister.
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SECTION 70-TREASURY BILLS RULES
TABLE OF PROVISIONS
RULE
1. Short title
2. Denominations of Bills
3. Minimum subscription
4. Manner, terms and conditions upon issue of Bills
5. Loss of Bills
6. Presentation of Bills on maturity
7. Transfer of Bills
8. Reconstitution of Bills
9. Receipts
10. Effective date of issue
-----------------------------
Rules 1st March 1976*, 21st December 1981 t
(Made by the Minister)
Short title
1. These Rules may be cited as the Treasury Bills Rules.
Denomination of Bills
2. Treasury Bills will be issued in denominations of ten thousand dollars, fifty thousand dollars or two hundred thousand dollars.
(Amended by Rules 21st December 1981 1.)
Minimum subscription
3. The minimum subscription for Treasury Bills shall be ten thousand dollars and subscriptions in excess of the minimum subscription must be in multiples of ten thousand dollars.
Manner, terms and conditions upon issue of Bills
4. Treasury Bills will be available to the public in the manner, upon the terms and subject to the conditions contained in any prospectus issued by the Reserve Bank, which may allot Bills up to such limit as the Minister shall from time to time direct, subject to the provisions of section 43 of the Act.
Loss of Bills
5. The Reserve Bank* may issue substituted Treasury Bills in case of loss of the originals in such manner as it shall determine.
Presentation of Bills on maturity
6. Treasury Bills shall be presented to the Reserve Bank$ for repayment on maturity:
Provided that Treasury Bills which mature on a Saturday or Sunday or on a Public Holiday shall be payable on the first working day thereafter.
Transfer of Bills
7. Treasury Bills may be transferred in multiples of ten thousand dollars only by endorsement unless issued payable to bearer.
Reconstitution of Bills
8. Treasury Bills may be presented to the Reserve Bank* at any time before their date of maturity with a request that the Bank shall cancel them and reissue Treasury Bills on the same terms in smaller denominations, subject to rule 2, totalling the original amount.
Receipts
9. Government Stock Interim Receipts shall be issued to acknowledge receipt of subscriptions for Bills.
Effective date of issue
10. Treasury Bills will be deemed to be issued on the date on which the subscription money therefor is received by a bank except in the case of a bank itself applying for a Treasury Bill on its own account, in which case it will be deemed to be issued on the date on which the subscription money is received by the Reserve Bank**.
* See Legal Notice No. 37 of 1976.
t See Legal Notice No. 137 of 1981.
t See Act No. 14 of 1983, section 3(4).
** See Act No. 14 of 1983, section 3(4).
Controlled by Ministry of Finance
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