The Executive Agencies Act

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CHAPTER 245
THE EXECUTIVE AGENCIES ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Interpretation.
part ii
POWER TO ESTABLISH EXECUTIVE AGENCIES,
THEIR FUNCTIONS AND OPERATIONAL PRINCIPLES
3. Power of Ministers to establish Executive Agencies.
4. Functions of Executive Agencies and operational principles.
part iii
ROLE OF PERMANENT SECRETARIES
5. Role of Permanent Secretaries.
part iv
MINISTERIAL ADVISORY BOARDS
6. Ministerial Advisory Boards.
7. Functions of Ministerial Advisory Board.
8. Meetings and procedure of Advisory Boards.
part v
CHIEF EXECUTIVE AND EMPLOYEES
9. Appointment of Chief Executive.
10. Tenure of office of Chief Executive.
11. Termination of appointment.
12. Functions of Chief Executive.
13. Appointment of employees.
14. Exemption from personal liability.

hief Executive.
11. Termination of appointment.
12. Functions of Chief Executive.
13. Appointment of employees.
14. Exemption from personal liability.

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74
part vi
FINANCIAL AND RELATED MATTERS
15. Funds of Executive Agency.
16. Borrowing, etc., subject to Minister’s approval.
17. Estimates of income and expenditure and financial control.
18. Accounts and audit.
19. Annual reports and performance agreements.
part vii
MISCELLANEOUS PROVISIONS
20. Vesting of property.
21. Regulations.

ol.
18. Accounts and audit.
19. Annual reports and performance agreements.
part vii
MISCELLANEOUS PROVISIONS
20. Vesting of property.
21. Regulations.

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PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Executive Agencies Act. 2. In this Act, unless the context requires otherwise-
“appropriate authority” means the consent of the Chief
Secretary to establish an executive agency;
“chief executive” means the chief executive, however designated,
of an executive agency;
“department” in relation to a Ministry of the Government,
includes any division or unit, by whatever name called, of
that Ministry;
“Executive Agency” or “Agency” means an Executive Agency
established under this Act;
“financial year” means, in respect of the first accounting
period of an Executive Agency, a period starting from
the date of the establishment of the Executive Agency
concerned and ending on the 30th June of the following
Short title
Interpretation
Acts Nos. 18 of 2002 s. 20
13 of 2009 s.

ent of the Executive Agency
concerned and ending on the 30th June of the following
Short title
Interpretation
Acts Nos. 18 of 2002 s. 20
13 of 2009 s.

2
CHAPTER 245
THE EXECUTIVE AGENCIES ACT
An Act to make provisions enabling the establishment and operation of
semi-autonomous Executive Agencies within the ambit of Government
Ministries for the purpose of providing public services in selected areas
in a more efficient and effective manner and for related matters. [11th December, 1997]
[GN. No. 83 of 2003]
Acts Nos. 30 of 1997
18 of 2002
13 of 2009
3 of 2011
4 of 2013
2 of 2014
1 of 2020

and for related matters. [11th December, 1997]
[GN. No. 83 of 2003]
Acts Nos. 30 of 1997
18 of 2002
13 of 2009
3 of 2011
4 of 2013
2 of 2014
1 of 2020

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76
year, and for any subsequent accounting period, the
period of twelve months ending on the 30th June;
“Minister” in relation to an Executive Agency, means the
Minister responsible for the department in respect of
which that Agency is established;
“Ministerial Advisory Board” means an Advisory Board
constituted under section 6;
“Permanent Secretary” in relation to an Executive Agency,
means the Permanent Secretary of the Ministry under
which the Agency is established; and
“special fund” means a special fund established by an order
made under section 17 of the Public Finance Act in
respect of an Executive Agency.

ed; and
“special fund” means a special fund established by an order
made under section 17 of the Public Finance Act in
respect of an Executive Agency.

PART II
POWER TO ESTABLISH EXECUTIVE
AGENCIES, THEIR FUNCTIONS AND
OPERATIONAL PRINCIPLES
3.–(1) Where a Minister is of the opinion that, having regard
to the provisions of this Act, it is appropriate to establish an
Executive Agency for the purpose of carrying out the functions
of a department of his Ministry he may, after obtaining
appropriate authority, and by order published in the Gazette,
establish such an Agency. (2) Before a Minister establishes an Executive Agency,
he shall take into account whether the establishment of the
Agency will achieve the following objectives-
(a) to improve the delivery of public service;
(b) to create an environment conducive to efficient and
effective management;
(c) to improve the quality of the services hitherto provided
by the department concerned; and
(d) to promote the potential for the continuous improvement
of the services provided by the proposed Executive
Agency. Cap. 348
Power of
Ministers
to establish
Executive
Agencies
Acts Nos. 18 of 2002 s. 21
13 of 2009 s. 3
1 of 2020 s. 19

the proposed Executive
Agency. Cap. 348
Power of
Ministers
to establish
Executive
Agencies
Acts Nos. 18 of 2002 s. 21
13 of 2009 s. 3
1 of 2020 s. 19

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THE EXECUTIVE AGENCIES ACT [CAP. 245 R.E. 2023]
(3) An order made under subsection (1) shall specify-
(a) the department in relation to which the Agency is
established, and may be made in respect of more than
one department of the same ministry or, with the
approval of another Minister concerned, be made so
as to include a department of another ministry having
similar functions;
(b) in the Framework Document, the functions, aims, roles,
objectives, authoritative and performance standards;
and
(c) any other particulars as approved by the Chief Secretary
which is permitted under any other written laws. (4) Where, at any time after the establishment of an Executive
Agency, the matters in respect of which it is established are
assigned to another Ministry, the responsibility for the Agency
under this Act shall, by virtue of this subsection, vest in that
other Ministry.

d are
assigned to another Ministry, the responsibility for the Agency
under this Act shall, by virtue of this subsection, vest in that
other Ministry.

(5) Without prejudice to any other provisions of this Act,
a Minister may, with the approval of the Minister responsible
for the public service, establish an Executive Agency under
an Order containing such modifications to the provisions of
this Act relating to the structural organisation of Executive
Agencies as will facilitate the more effective discharge of its
functions. (6) Notwithstanding any other written laws, an Executive
Agency shall-
(a) be capable of entering into contracts in its own name;
(b) be capable of suing and being sued in its own name only
in contract; and in that respect all laws applicable to
legal proceedings other than Government Proceedings
Act, shall apply to legal proceedings to which the
Agency is a party;
(c) in all matters relating to contract, not be competent
to sue or be sued in its own name, however, any legal
proceedings which, but for this paragraph, would have
been instituted by or against the executive agency, may
Cap. 5

its own name, however, any legal
proceedings which, but for this paragraph, would have
been instituted by or against the executive agency, may
Cap. 5

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78
only be instituted by or against the Government in
accordance with the Government Proceedings Act;
(d) subject to section 16, in its own name, have power
to borrow money and to acquire, hold or dispose of
movable property; and
(e) may do all other things which are necessary or
desirable for the efficient and effective discharge of its
functions, including the establishment of consultative
arrangements necessary to secure the views of the users
of its services. (7) In any proceedings by or against an Executive Agency,
the Attorney General shall be joined as a necessary party, and
a notice to that effect shall be served to the Attorney General. (8) Where a decree is to be executed against property in
possession of an Executive Agency, procedure to execute
decrees against Government property under the Government
Proceedings Act shall apply. 4.–(1) Subject to this Act, an Executive Agency shall perform
such functions as are conferred upon it under section 3(3).

Proceedings Act shall apply. 4.–(1) Subject to this Act, an Executive Agency shall perform
such functions as are conferred upon it under section 3(3).

(2) In the performance of its functions, an Executive Agency
shall observe the following principles-
(a) to provide its services to its customers and the public in
the most efficient and effective manner;
(b) to manage its affairs in a businesslike and cost-effective
manner and in accordance with modern management
practices and techniques and, in particular, to apply to
its operations the best standards of financial management
and accounting; and
(c) to ensure that its operations are designed for the provision
of the best service to its customers and to maintain a
high degree of responsiveness to their needs. Cap. 5
Cap. 5
Functions
of Executive
Agencies and
operational
principles

its customers and to maintain a
high degree of responsiveness to their needs. Cap. 5
Cap. 5
Functions
of Executive
Agencies and
operational
principles

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THE EXECUTIVE AGENCIES ACT [CAP. 245 R.E. 2023]
PART III
ROLE OF PERMANENT SECRETARIES
5.–(1) The Permanent Secretary of a Ministry under which
an Executive Agency is established shall be responsible for
overseeing implementation of ministerial policies of the
Agency and, for that purpose, may give directions of general
nature to the Chief Executive but shall not direct, or participate
in, the day-to-day management of the Agency’s affairs. (2) Except as provided under section 11(2), the Minister
shall be responsible for the discipline and control of the Chief
Executive. PART IV
MINISTERIAL ADVISORY BOARDS
6.–(1) Each of Executive Agency shall have a Ministerial
Advisory Board to be composed of a Chairman and other
members being not more than five. (2) The Chairman of the Ministerial Advisory Board shall
be appointed from outside the Ministry under which the
Agency is established. (3) A principal officer from the Ministry under which the
agency is established shall be a member of the Board.

under which the
Agency is established. (3) A principal officer from the Ministry under which the
agency is established shall be a member of the Board.

(4) The Minister shall appoint the Chairman and other
members of the Ministerial Board among persons who are well
versed with the functions of the Agency or matters of similar
nature. (5) The Chief Executive under which the Agency is established
shall be the Secretary to the Board. (6) Notwithstanding any provisions of this section-
(a) a Chief Executive Officer from the Ministry establishing
an agency;
(b) any persons holding political post; or
(c) a director or a head of any department under which an
agency is established,
Role of
Permanent
Secretaries
Acts Nos. 18 of 2002 s. 22
13 of 2009 s. 4
Ministerial
Advisory Boards
Acts Nos. 18 of 2002 s. 23
13 of 2009 s. 5
3 of 2011 s. 36

ermanent
Secretaries
Acts Nos. 18 of 2002 s. 22
13 of 2009 s. 4
Ministerial
Advisory Boards
Acts Nos. 18 of 2002 s. 23
13 of 2009 s. 5
3 of 2011 s. 36

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80
shall not be members of the Ministerial Advisory Board. (7) In appointing the members of an Advisory Board, the
Minister shall have due regard to the need to include in its
membership persons who are not in the public service, and
persons who are representative of the interests of the Agency’s
customers. (8) A member of an Advisory Board, other than an ex
officio member, shall hold office for a period not exceeding
three years or for such shorter period as may be specified in
his instrument of appointment. (9) The Chief Executive shall attend all meetings of the
Board and may participate in its deliberations, except in
matters affecting his own interests, but he shall have no right
to vote. 7.

meetings of the
Board and may participate in its deliberations, except in
matters affecting his own interests, but he shall have no right
to vote. 7.

The functions of a Ministerial Advisory Board shall be to
advise the Minister on-
(a) the development and maintenance of a strategic
framework;
(b) the objectives of the Agency;
(c) the acceptability of the Chief Executive’s plans and
associated budgets;
(d) the setting of priorities and annual performance targets
for the Agency;
(e) the Agency’s annual reports and accounts;
(f) the evaluation of the Agency’s performance;
(g) salaries, wages and allowances of the employees of the
Agency; and
(h) any other matter in the promotion and furtherance of
the objectives and functions of this Act. 8. An Advisory Board shall hold its meetings as often as the
Chairman may determine, but not less than twice in each
financial year, and without prejudice to the power of the
Minister responsible for the public service to make rules for the
conduct of its meetings, it shall determine its own procedure. Functions of
Ministerial
Advisory Board
Acts Nos. 18 of 2002 s. 24
13 of 2009 s. 6
Meetings and
procedure of
Advisory Boards

ermine its own procedure. Functions of
Ministerial
Advisory Board
Acts Nos. 18 of 2002 s. 24
13 of 2009 s. 6
Meetings and
procedure of
Advisory Boards

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THE EXECUTIVE AGENCIES ACT [CAP. 245 R.E. 2023]
PART V
CHIEF EXECUTIVE AND EMPLOYEES
9.–(1) The Minister shall, upon advice of the Public Service
Recruitments Secretariat, appoint a Chief Executive of an
Executive Agency among persons with necessary qualifications,
experience and competence to manage effectively and
efficiently the affairs of the Agency in accordance with modern
management standards. (2) Subject to subsection (1), the Public Service Recruitment
Secretariat shall conduct the process of appointing or replacing
the Chief Executive in accordance with the provisions of the
Public Service Act. (3) Without prejudice to the provisions of subsection (2), in
such process, the Government shall be represented by-
(a) one person from the Ministry responsible for public
service; and
(b) one person from the Ministry under which the Agency
is established.

ented by-
(a) one person from the Ministry responsible for public
service; and
(b) one person from the Ministry under which the Agency
is established.

10.–(1) The Chief Executive shall hold office for a period of
five years or for any other period not exceeding five years as
may be specified in an instrument of his appointment and
shall be eligible for re-appointment. (2) Without prejudice to any other written law, where the
Chief Executive intends to continue with his post after the expiry
of the period provided for under subsection(1), he shall apply
for the post and compete with other applicants for the post. [s. 9A]
11.–(1) The Minister may, upon the recommendation of the
Permanent Secretary, terminate the appointment of the Chief
Executive for-
(a) misconduct;
(b) failure or inability to perform the functions of this office
arising from infirmity of body or mind; or
(c) incompetence. Appointment of
Chief Executive
Acts Nos. 18 of 2002 s. 25
13 of 2009 s. 7
Cap. 298
Tenure of office of
Chief Executive
Act No. 13 of 2009 s. 8
Termination of
appointment
Act No. 13 of 2009 s. 8

of 2002 s. 25
13 of 2009 s. 7
Cap. 298
Tenure of office of
Chief Executive
Act No. 13 of 2009 s. 8
Termination of
appointment
Act No. 13 of 2009 s. 8

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82
(2) Where the Chief Executive is aggrieved by the decision of-
(a) the Permanent Secretary, made under section 5(2) in
respect of any disciplinary action against him; or
(b) the Minister, made under subsection (1) to terminate
his appointment, he may, within thirty days, appeal to-
(i) the Minister, in case of the decision of Permanent
Secretary; or
(ii) the President through the Chief Secretary in case
of the decision of the Minister. (3) The provisions of Public Service Act shall apply in the
process of terminating the Chief Executive. [s. 9B]
12.–(1) The Chief Executive shall be the Accounting Officer of
the Agency with financial responsibilities as may be provided
for in its Framework Document and the order establishing the
special fund for the agency under the Public Finance Act. (2) In performing his functions under subsection (1),
the Chief Executive shall abide to the Annual Performance
Agreement concluded between him and the Permanent
Secretary. [s.

tions under subsection (1),
the Chief Executive shall abide to the Annual Performance
Agreement concluded between him and the Permanent
Secretary. [s.

9C]
13.–(1) The Chief Executive shall appoint such number of
employees as he may consider necessary or desirable for
the efficient and effective discharge of the functions of the
Agency and on such terms and conditions of service as he may
determine in accordance with any directions issued by the
Ministry responsible for the public service. (2) With effect from the date on which an order under
section 3 establishing an Executive Agency comes into force, a
person who, on that date holds a public office in a department
in relation to which the Agency is established shall, except as
may otherwise be determined by the Chief Executive in respect
of any such person, become an employee of the Agency; but the
provisions of this subsection shall not be construed to affect
the appointment to the public service of any person who, by
Cap. 298
Functions of
Chief Executive
Act No. 13 of 2009 s. 8
Cap. 348
Appointment of
employees
Act No. 13 of 2009 s. 9

service of any person who, by
Cap. 298
Functions of
Chief Executive
Act No. 13 of 2009 s. 8
Cap. 348
Appointment of
employees
Act No. 13 of 2009 s. 9

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THE EXECUTIVE AGENCIES ACT [CAP. 245 R.E. 2023]
virtue of this subsection, does not become an employee of the
Agency nor his eligibility to continue to hold that office. (3) The Chief Executive of the Agency shall be responsible
for the day to day operations of the Agency, the proper
management of its funds, property and business and for the
personnel management, organisation, control and discipline
of the employees of the Agency. (4) An employee of an Executive Agency who is aggrieved
by the decision of the Chief Executive under subsection
(3) in respect of any disciplinary action against him or the
termination of his appointment may, in accordance with such
procedure as may be prescribed, appeal to the Permanent
Secretary against the decision. (5) Where the employee under subsection (4) is aggrieved
by the decision of the Chief Executive, he may appeal to the
Public Service Commission. (6) The President shall be the final appellate authority in the
matter under subsection (5). [s. 10]
14.

may appeal to the
Public Service Commission. (6) The President shall be the final appellate authority in the
matter under subsection (5). [s. 10]
14.

An employee of an Executive Agency shall not, in his
personal capacity, be liable in civil or criminal proceedings in
respect of any act or omission done or made in good faith in
the performance of his functions. [s. 11]
PART VI
FINANCIAL AND RELATED MATTERS
15.–(1) The funds of an Executive Agency shall consist of-
(a) moneys received by the Agency for goods or services
provided under the authority of this Act;
(b) subject to subsection (2), such moneys as may be voted
by Parliament for the purposes of the Agency; and
(c) any other moneys legally acquired for the purposes
of promotion and furtherance of the objectives and
functions of the Agency. Exemption from
personal liability
Funds of
Executive Agency
Acts Nos. 18 of 2002 s. 26
13 of 2009 s. 10
4 of 2013 s. 8

es and
functions of the Agency. Exemption from
personal liability
Funds of
Executive Agency
Acts Nos. 18 of 2002 s. 26
13 of 2009 s. 10
4 of 2013 s. 8

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84
(2) An executive Agency shall-
(a) perform its functions in accordance with modern
commercial principles and shall ensure that, as far as
possible, its revenue is sufficient to meet its expenditure
properly chargeable to revenue; and
(b) charge and collect fees or commissions for the provision
of any goods or services to enable it to meet its
expenditure in accordance with its strategic framework. (3) All receipts, earnings and accruals of the special fund
shall become the property of the Agency. (4) Pursuant to section 12 of the Public Finance Act, every
Agency shall remit ten percent of its annual gross revenue to
the Consolidated Fund. [s. 12]
16. An Executive Agency may borrow money or acquire or
dispose of immovable property only with the approval of the
Minister responsible for finance and upon such terms and
conditions as the Minister may approve, either generally or in
any particular case. [s.

f the
Minister responsible for finance and upon such terms and
conditions as the Minister may approve, either generally or in
any particular case. [s.

13]
17.–(1) The Chief Executive shall prepare and, not less than
three months before the end of each financial year, submit to
the Permanent Secretary for his approval, strategic and business
plans that include the estimates of income and expenditure for
the next ensuing year and may, at any time before the end of a
financial year, prepare and submit to the Permanent Secretary
for approval any estimates supplementary to the estimates of a
current year. (2) Subject to subsection (1), the Permanent Secretary shall,
after receipt of the strategic and business plans that include the
estimates of income and expenditure for the next ensuing year,
submit to the Paymaster General for scrutiny and approval
thereafter submit the same to the Minister. Cap. 348
Borrowing,
etc., subject to
Minister’s
approval
Act No. 18 of 2002 s. 27
Estimates of
income and
expenditure and
financial
control
Acts Nos. 18 of 2002 s. 29
2 of 2014 s. 28

t to
Minister’s
approval
Act No. 18 of 2002 s. 27
Estimates of
income and
expenditure and
financial
control
Acts Nos. 18 of 2002 s. 29
2 of 2014 s. 28

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THE EXECUTIVE AGENCIES ACT [CAP. 245 R.E. 2023]
(3) The Minister shall, upon consultation with the Minister
responsible for finance and after receipt of the strategic and
business plans that include the estimates of income and
expenditure referred to in subsection (2), lay the same before
the National Assembly. (4) The Chief Executive shall ensure that all payments out of
the Agency’s funds are correctly made and properly authorised
and adequate control is maintained over its property and over
the incurring of liabilities by the Agency. [s. 14]
18.–(1) An Executive Agency shall keep books of account and
maintain proper records of its operations in accordance with
commercial accounting standards. (2) The accounts of an Executive Agency shall be audited
by the Controller and Auditor-General or such other person
registered as an auditor under the Accountants and Auditors
(Registration) Act appointed for the purpose by the Controller
and Auditor-General on such terms and conditions as the
Controller and Auditor-General may determine. [s.

appointed for the purpose by the Controller
and Auditor-General on such terms and conditions as the
Controller and Auditor-General may determine. [s.

15]
19.–(1) The Chief Executive of an Executive Agency shall,
within two months after has received the audited account and
auditor’s report on these accounts, submit to the Minister and
the Permanent Secretary an annual report in respect of that
year containing-
(a) a copy of the audited accounts of the Agency, together
with the auditor’s report on those accounts;
(b) a report on performance against key targets and any
other related information;
(c) a report on the operations of the Agency during that
financial year; and
(d) such other information as the Permanent Secretary may
require. Accounts and
audit
Cap. 286
Annual reports
and performance
agreements
Act No. 18 of 2002 s. 30

her information as the Permanent Secretary may
require. Accounts and
audit
Cap. 286
Annual reports
and performance
agreements
Act No. 18 of 2002 s. 30

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86
(2) The annual report referred to in subsection (1) shall
also contain the Annual Performance Agreement between the
Permanent Secretary and the Chief Executive. (3) The Minister shall cause a copy of the annual report of
an Executive Agency to be laid before the National Assembly,
within two months or at the next meeting of the National
Assembly, after he has received the report. [s. 16]
PART VII
MISCELLANEOUS PROVISIONS
20. All movable and immovable property, shall, except any
such property as the Minister may determine, which is vested
in the Government for the use of the department in relation
to which an Executive Agency is established, on the date of
commencement of an order made under section 3(3) and
without further assurance, vest in the Agency subject to all
interests, liabilities, charges, obligations and trusts affecting
that property. [s. 17]
21. The Minister responsible for the public service may make
regulations for the carrying out of the purposes of this Act. [s.

that property. [s. 17]
21. The Minister responsible for the public service may make
regulations for the carrying out of the purposes of this Act. [s.

18]
Vesting of
property
Act No. 18 of 2002 s. 31
Regulations