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FM
Former Member

So the new Government accuse the old Government of opening a scrap metal account, but the old Minister point out that he has an instrument of authority call a Cabinet approval in his hands granting him the authority to open an account in the name of the CHPA.

 

So according to due process, he can have the account since it is not in the name of Irfaan Ali but the CHPA.

 

 

shucks!

_______________________

 

These PR mistakes from the new Government are not good.

 

 

Why was the account not audited and the outflow not traced and then CHARGES LAID?

 

This looks like a case of "I gotcha" but because of the premature expose, the old Government walks free on a major abuse of the financial laws which stipulates that these funds should be deposited into the Consolidated Funds.

 

 

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What part of the former minister's response did you not understand? My other question is whether this was a statutory agency And whether there is a law that requires all of these funds to go thru the consolidated fund if so, please quote the particular section. If my memory serves me correctly, some time ago there was a court ruling by then Chief Justice regarding these matters.

Z

But let me help out.

 

Article 217 of the Constitution is clear.

 

"All revenue raised .... shall be paid into the Consolidated Fund".

 

 

The article 218 said

 

"No money shall be withdrawn from any public fund..... unless authorised by Parlaiment"

 

Ow man, the law simple, is just dunce man Rohee make it complicated.

FM
Originally Posted by KishanB:

But let me help out.

 

Article 217 of the Constitution is clear.

 

"All revenue raised .... shall be paid into the Consolidated Fund".

 

 

The article 218 said

 

"No money shall be withdrawn from any public fund..... unless authorised by Parlaiment"

 

Ow man, the law simple, is just dunce man Rohee make it complicated.

 

Article 217 is not so simple. The word "raised" has a usual meaning of revenue "raised" as a tax or levy. The Government has various types of revenue. Taxes raised are but one part. Royalties, lease payments, etc etc are not taxes.

 

As for Article 218, that is also not true. Depends on what you mean by "public fund." Many of these funds are held by autonomous or semi-autonomous agencies, corporation, and statutory bodies.

 

So no smartman, it's not as simple as you would imagine it.

FM
Originally Posted by Shaitaan:
Originally Posted by KishanB:

But let me help out.

 

Article 217 of the Constitution is clear.

 

"All revenue raised .... shall be paid into the Consolidated Fund".

 

 

The article 218 said

 

"No money shall be withdrawn from any public fund..... unless authorised by Parlaiment"

 

Ow man, the law simple, is just dunce man Rohee make it complicated.

 

Article 217 is not so simple. The word "raised" has a usual meaning of revenue "raised" as a tax or levy. The Government has various types of revenue. Taxes raised are but one part. Royalties, lease payments, etc etc are not taxes.

 

As for Article 218, that is also not true. Depends on what you mean by "public fund." Many of these funds are held by autonomous or semi-autonomous agencies, corporation, and statutory bodies.

 

So no smartman, it's not as simple as you would imagine it.

Consilidated fund or any other public fund as established by an Act of Parliament.  See article 171 which is the closest to the definition.

FM

Very clearly defined in FISCAL MANAGEMENT AND ACCOUNTABILITY ACT 2003.

 

Article 37.

 

Classification of public moneys.

 

37. (1) All public moneys shall be classified as either - (a) received moneys; (b) moneys in the Consolidated Fund, including any moneys in the Contingencies Fund; (c) moneys in an Extra-budgetary Fund; (d) drawn moneys; or (e) moneys in a Deposit Fund. (2) All public moneys shall be deemed to be received moneys from the time that they become public moneys until the time that they are credited to the Consolidated Fund, an Extra-budgetary Fund or a Deposit Fund. 

FM

Definition in the FM Act

 

 

“public moneys” means:

 

all moneys belonging to the State received or collected by officials in their official capacity or by any person authorised to receive or collect such moneys and, without limitation, includes - (a) tax and non-tax revenue collections authorised by law; (b) grants to the Government; (c) budget agency receipts; (d) moneys borrowed by the State or received through the issuance and sale of securities; (e) moneys received or collected for and on behalf of the State; and (f) moneys that are paid to or received or collected by an official pursuant to any law, trust or other agreement which moneys are to be disburse.

FM
Originally Posted by KishanB:

Very clearly defined in FISCAL MANAGEMENT AND ACCOUNTABILITY ACT 2003.

 

Article 37.

 

Classification of public moneys.

 

37. (1) All public moneys shall be classified as either - (a) received moneys; (b) moneys in the Consolidated Fund, including any moneys in the Contingencies Fund; (c) moneys in an Extra-budgetary Fund; (d) drawn moneys; or (e) moneys in a Deposit Fund. (2) All public moneys shall be deemed to be received moneys from the time that they become public moneys until the time that they are credited to the Consolidated Fund, an Extra-budgetary Fund or a Deposit Fund. 

 

That actually supports my earlier position. Three types of public money:

1. Consolidated Fund

2. Extra-budgetary (literally outside of the Budget)

3. Deposit Fund

 

What's your point again?

FM

The FM Act also said:

 

(5) Subject to any other law, the officials charged with the management of an Extra-budgetary Fund shall, with respect to that Fund - (a) observe the accounting methodology and reporting format prescribed by the Minister;

 

(b) submit to the Minister and publish for general information quarterly reports on the financial operations of the Fund;

 

 

(c) make the accounts and records of the Fund available for independent audit by the Auditor General; and (d) prepare an annual report on the financial operations of the Fund for presentation, together with the report of the Auditor General thereon, to the National Assembly and publication for general information and any other requirements stipulated by the Minister. 

 

 

_________

 

Let us assume that NICIL was an extr-budgetary fund.

 

I ask has Brassington been following these rules in law?

FM

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