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District Assemblies Common Fund Act, 1993 Act 455 (Revised)

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ACT 455
District Assemblies Common Fund Act, 1993
ACT 455
DISTRICT ASSEMBLIES COMMON FUND ACT, 1993
ARRANGEMENT OF SECTIONS
Establishment of the Fund
SECTION
1. The District Assemblies Common Fund. 2. Allocation to District Assemblies. 3. Appointment of the Administrator. 4. Qualifications of the Administrator. 5. Tenure and conditions of office. 6. Removal of the Administrator. 7. Functions of the Administrator. Financial Provisions
8. Investment of moneys in the Fund. 9. Financial liability of the District Assemblies. 10. Staffof the Fund. 11. Accounts and audit. 12. Expenses of the Administrator. 13. Financial year. Miscellaneous
14. Annual report. 15. Complaints. 16. Adaptation and modification of existing enactments. 17. Interpretation. ACT 455
DISTRICT ASSEMBLIES COMMON FUND ACT, 19931
AN ACT to provide for the District Assemblies Common Fund, the appointment of
the District Assemblies Common Fund Administrator, to provide for the func
tions of the Administrator and related matters. Establishment of the Fund
1.

he District Assemblies Common Fund Administrator, to provide for the func
tions of the Administrator and related matters. Establishment of the Fund
1.

The District Assemblies Common Fund
(1) The District Assemblies Common Fund established by article 252 of the Constitu
tion consists of the moneys allocated by Parliament under section 2 of this Act and the
interests and dividends accruing from investments of moneys from the Fund. 1. The Act was assented to on 6th July, 1993. Ill-2501 [Issue 1]

ct and the
interests and dividends accruing from investments of moneys from the Fund. 1. The Act was assented to on 6th July, 1993. Ill-2501 [Issue 1]

ACT 455
District Assemblies Common Fund Act, 1993
(2) The allocation made by Parliament under section 2 of this Act shall be paid into
the Fund in quarterly instalments. (3) The moneys accruing to the District Assemblies in the Fund shall be distributed
among the District Assemblies on the basis of a formula approved by Parliament. (4) For the purposes of determining the formula under subsection (3), the Adminis
trator appointed under section 3 of this Act shall, within six months after the appoint
ment, and thereafter, within three months after the end of every financial year, submit to
Parliament proposals for the formula for the consideration of Parliament. (5) This section or any other law does not prohibit the Government or any other body
or person from making grants-in-aid to a District Assembly. 2. Allocation to District Assemblies
Parliament shall annually allocate not less than five percent of the total revenues of
the Republic to the District Assemblies for development, in accordance with clause (2)
of article 252 of the Constitution. 3.

of the total revenues of
the Republic to the District Assemblies for development, in accordance with clause (2)
of article 252 of the Constitution. 3.

Appointment of the Administrator
in accordance with clause (4) of article 252 of the Constitution, the President, acting
in consultation with the Council of State and with the approval of Parliament, shall ap
point the District Assemblies Common Fund Administrator. 4.

ng
in consultation with the Council of State and with the approval of Parliament, shall ap
point the District Assemblies Common Fund Administrator. 4.

Qualifications of the Administrator
A person is not qualified to be appointed the Administrator if that person
(a) is not a citizen;
(b) has been adjudged or otherwise declared
(i) bankrupt under a law in force in the Republic and has not been dis
charged, or
(ii) to be of unsound mind or is detained as a criminal lunatic under a
law in force in the Republic; or
(c) has been convicted
(i) for a high crime under the Constitution or high treason or treason or
for an offence involving the security of the Republic, fraud, dishon
esty or moral turpitude, or
(ii) for any other offence punishable by death or by a sentence of impris
onment of not less than ten years;
(d) has been found by the report of a commission or a committee of inquiry to
be incompetent to hold public office or is a person in respect of whom a
commission or committee of inquiry has found that while being a public of
ficer that person acquired assets unlawfully or defrauded the Republic or
misused or abused office, or wilfully acted in a manner prejudicial to the
interest of the Republic and the findings have not been set aside on appeal
or judicial review;
[Issue 1] III - 2502

ed in a manner prejudicial to the
interest of the Republic and the findings have not been set aside on appeal
or judicial review;
[Issue 1] III - 2502

ACT 455
District Assemblies Common Fund Act, 1993
(e) has not paid the relevant taxes or made airangements satisfactory to the
appropriate authority for the payment of those taxes;
(f) is under sentence of death or any other sentence of imprisonment imposed
by a Court; or
(g) is otherwise disqualified by a law. 5. Tenure and conditions of office
(1) The Administrator shall hold office for a period of four years and is eligible for
re-appointment. (2) The salary and allowances payable, and the facilities and privileges available to
the Administrator shall be determined by the President in accordance with article 71 (1)
of the Constitution. 6. Removal of the Administrator
The Administrator may resign from office by writing addressed to the President and
the President may request the Administrator to resign from office or remove the Adminis
trator from office for a just cause. 7.

d to the President and
the President may request the Administrator to resign from office or remove the Adminis
trator from office for a just cause. 7.

Functions of the Administrator
The Administrator has the following functions:
(a) to propose a formula annually for the distribution of moneys in the Fund
for approval by Parliament;
(b) to administer and distribute moneys paid into the Fund among the District
Assemblies in accordance with the formula approved by Parliament;
(c) to report in writing to the Minister on how allocations made from the Fund
to the District Assemblies have been utilised by the District Assemblies;
and
(d) to perform any other functions that may be directed by the President. Financial Provisions
8. Investment of moneys in the Fund
The Administrator may, pending the distribution of moneys in the Fund, from time to
time invest all or a portion of the moneys in the Fund in the securities or in the manner
approved by the Minister in consultation with the Minister responsible for Finance. 9. Financial liability of the District Assemblies
The Minister responsible for Finance shall, in consultation with the Minister, deter
mine the categoiy of expenditure of the approved development budget of the District As
semblies that shall in each year be met out of amounts received by the District Assem
blies from the Fund.

roved development budget of the District As
semblies that shall in each year be met out of amounts received by the District Assem
blies from the Fund.

District Assemblies Common Fund Act, 1993 Act 455 (Revised)

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