CHAPTER 245
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 Boards.

   8.   Meetings and procedure of Advisory Boards.

PART V
CHIEF EXECUTIVE AND EMPLOYEES

   9.   Appointment and tenure of Chief Executive and employees.

   9A.   Tenure of office of the Chief Executive.

   9B.   Termination of Appointment.

   9C.   Functions of the Chief Executive.

   10.   Appointment of employees.

   11.   Exemption from personal liability.

PART VI
FINANCIAL AND RELATED MATTERS

   12.   Funds of an Executive Agency.

   13.   Borrowing, etc., subject to Minister's approval.

   14.   Estimates of income and expenditure and financial control.

   15.   Accounts and audit.

   16.   Annual reports and performance agreements.

PART VII
MISCELLANEOUS PROVISIONS

   17.   Vesting of property.

   18.   Regulations.

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]
[G.N. No. 83 of 2003]

Acts Nos.
30 of 1997
18 of 2002
13 of 2009
3 of 2011
3 of 2013
2 of 2014

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Executive Agencies Act.

2.   Interpretation Acts Nos. 18 of 2002 s. 20; 13 of 2009 s. 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 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;

   "special fund" means a special fund established by an Order made under section 12 of the Public Finance Act * in respect of an Executive Agency.

PART II
POWER TO ESTABLISH EXECUTIVE AGENCIES, THEIR FUNCTIONS AND OPERATIONAL PRINCIPLES (ss 3-4)

3.   Power of Ministers to establish Executive Agencies Acts Nos. 18 of 2002 s. 21; 13 of 2009 s. 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.

   (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;

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