CHAPTER 119
CORPORATIONS SOLE (ESTABLISHMENT) ACT
[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
ORDERS
(Section 3(1))
In exercise of the powers vested upon the President by section 3(1) of the Corporations Sole (Establishment) Act *, the Officers in charge of the offices specified in the first column of the Schedule to this Orders, are by Government Notices specified opposite them in the second column, designated to be corporations sole and as such are authorised to carry on projects specified in the third column.
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REGULATIONS
(Section 7)
G.N. No 131 of 1975
1. Title
These Regulations may be cited as the Corporations Sole (Prison Department) Regulations.
2. Application
These Regulations shall apply to all the corporations sole established in relation to the Prisons Department of the Ministry of Home Affairs.
3. Interpretation
In these Regulations, unless the context requires otherwise–
"corporation" means a corporation sole to which these Regulations apply;
"Minister" means the Minister responsible for Home Affairs;
"Permanent Secretary" means the Permanent Secretary to the Ministry of Home Affairs;
"specified officer" means the officer holding or acting in the office which has been designated a corporation sole.
4. Bank Account
(1) The specified officer in relation to a corporation shall cause a bank account to be opened in the name of the corporation:
Provided that where in the opinion of the Permanent Secretary it is desirable in the public interest to have two or more bank accounts in respect of any corporation he may direct the specified officer to open any number of bank accounts which may be specified in the direction and every direction shall be complied with accordingly.
{mprestriction ids="1,2,3"}
(2) The bank account shall, subject to the provisions of these Regulations, be operated by the specified officer or any other public officer or public officers which the Permanent Secretary may by a writing under his hand appoint in that behalf.
5. Payments into bank
All monies received by the corporation in its capacity as such whether the monies are received by way of a loan or Government subsidy, or pursuant to any sale or other transaction entered into by the corporation or otherwise, shall be paid into the bank account as soon as may be practicable in accordance with any direction given in that behalf by the Permanent Secretary.
6. Cash imprest
It shall be lawful for a specified officer to withdraw from the bank, from time to time, any amounts which are necessary to enable him to hold a cash imprest of an amount not exceeding one thousand shillings on any day.
7. Payments by corporation by a cheque
(1) A specified officer shall not make any payment due to any person from the corporation save:
Provided that where the amount due and payable to any person is of one hundred shillings or less the specified officer may make payable in cash out of the imprest held by him.
(2) A specified officer shall obtain a receipt in respect of every payment made by him.
(3) A specified officer shall not make any single payment to any one person of an amount exceeding two thousand shillings save with the consent in writing of the Permanent Secretary, unless the payment is in relation to all expenditure provided for in the annual budget which has been duly approved.
8. Record of disbursements
Every specified officer shall maintain in triplicate, a record of all disbursements made by him and shall on the first day of every month, submit a copy of the record of disbursements made by him during the preceding month to–
(a) the Permanent Secretary;
(b) the Treasury Registrar;
(c) The Principal Commissioner of Prisons.
9. Directions
The Permanent Secretary may give any directions which in his opinion will ensure proper compliance with the provisions of the Act and of these Regulations or will ensure smooth and efficient financial administration and every corporation shall give effect to those directions.
10. Accounts
A specified officer shall cause to be provided and kept proper books of accounts and records with respect to–
(a) the receipt and expenditure of money and other financial transaction of the corporation;
(b) the assets and liabilities of the corporation,
and shall cause to be made out for every financial year a balance sheet and a statement showing details of the income and expenditure of the corporation and all its assets and liabilities.
11. Audit
(1) Not later than six months after the close of every financial year the accounts including the balance sheet of every corporation dating to that financial year shall be audited by the Controller and Auditor General.
(2) As soon as the accounts of a corporation have been audited, and in any case not later than six months after the audit, the specified officer shall submit to the Minister a copy of the audited statement of accounts together with a copy of the report on it made by the auditor.
12. Report by specified officer
Every specified officer shall, within six months after the end of each financial year, make a report to the Permanent Secretary and the Treasury Registrar on the conduct of the corporation's business during that financial year.
G.N. No. 120 of 1977
1. Citation
These Regulations may be cited as the Corporations Sole (Works Superintendent) Regulations.
2. Interpretation
In these Regulations, unless the context requires otherwise–
"the Act" means the Corporations Sole (Establishment) Act *;
"the Corporation" means the office of the Works Superintendent designated to be a corporation sole by the Corporations Sole (Works Superintendent) Order *;
"Permanent Secretary" means the Permanent Secretary to the Ministry of Works;
"Works Superintendent" means the officer for the time being holding the office of Works Superintendent in the Ministry of Works and includes any person duly appointed to act in that office.
3. Bank account
(1) The Works Superintendent shall cause to be opened in the name of the Corporation a bank account and may, with the approval of the Permanent Secretary, cause to be opened one or more additional accounts at the bank or banks as the Permanent Secretary may approve.
(2) The Works Superintendent shall endure that there are provided and kept proper books of account and records with respect to each bank account of the Corporation.
(3) All monies which in any manner whatsoever are payable to the Corporation in its capacity as such and are received by the Corporation shall be paid into a bank account of the Corporation.
(4) Every bank account of the Corporation shall be operated by the Works Superintendent or by any other public officer or public officers who may be authorised in that behalf in writing by the Works Superintendent and approved in like manner by the Permanent Secretary.
(5) Every bank account of the Corporation shall be operated in accordance with the general or specific directions which the Permanent Secretary may from time to time give in that behalf.
4. Withdrawals from the bank and payment by the Corporation
(1) For the purpose of this regulation, "petty payments" means payments by cash of amounts not exceeding one hundred shillings each.
(2) The Works Superintendent may from time to time withdraw from the bank any amounts which are necessary to enable him to make petty payments not exceeding one thousand shillings in the aggregate on any one day.
(3) All payments form the funds of the Corporation, other than petty payments and payments in respect of wages of employees of the Corporation, shall be made by cheque and not otherwise.
(4) The Works Superintendent shall–
(a) obtain and keep a receipt or other record in respect of every payment made by him; and
(b) maintain a record of all disbursements made by him and shall within the first seven days of every month, submit to the Permanent Secretary and the Treasury Registrar a copy of the record of disbursements made by him during the preceding month.
5. Accounts and audit
(1) The Works Superintendent shall cause to be provided and kept proper books of account and records with respect to–
(a) the receipt and expenditure of monies by, and other financial transactions of, the Corporation;
(b) the assets and liabilities of the Corporation,
and shall cause to be made out for every financial year a balance sheet and a statement showing details of the income and expenditure of the Corporation and all its assets and liabilities.
(2) Not later than six months after the close of every financial year the accounts, including the balance sheet of the Corporation, relating to that financial year shall be audited by the controller and Auditor General.
(3) As soon as the accounts of the Corporation have been audited, and in any case not later than six months after the audit, the Works Superintendent shall submit to the Permanent Secretary and the Treasury Registrar a copy of the audited statement of accounts together with a copy of the report made on it by the auditors.
6. Annual report
The Works Superintendent shall, within six months after the end of each financial year, make a report to the Permanent Secretary and the Treasury Registrar on the conduct of the Corporation's business during that financial year.
7. Submission of reports to the Minister
As soon as practicable after the Permanent Secretary has received the audited statement of accounts together with the auditors' report and the annual report referred to in regulations 5(3) and 6, respectively, he shall submit the same to the Minister responsible for works.
8. Directions
The Permanent Secretary may give to the Works Superintendent any directions which in his opinion will ensure compliance with the provisions of the Act and of these Regulations and, in particular, the proper and efficient administration of the funds and resources of the Corporation and the Corporation shall give effect to all directions.
G.Ns. Nos.
109 of 1983
351 of 1986
1. Title
These Regulations may be cited as the Corporations Sole (Chief of National Services) (Sub-Department of Productions) Regulations.
2. Application
These Regulations shall apply to all registered Units and Sub-Units and Projects of the Corporation Sole established in relation to National Service Department of the Ministry of Defence and National Service.
3. Interpretation
In these Regulations, unless the context requires otherwise–
"Act" means the Corporation Sole (Establishment) Act *;
"Approved Financial Regulations" means the Regulations made under regulation 4 of these Regulations;
"corporation" means the Corporation Sole to which these Regulations apply;
"Minister" means the Minister responsible for Defence and National Service;
"Permanent Secretary" means the Permanent Secretary to the Ministry responsible for Defence and National Service;
"Specified Officer" means the Chief of National Service or any other officer holding or acting in the office which is designated a corporation sole;
"sub-unit" means any permanent or temporary site where a camp for the purpose of production is established, and any sub-unit shall be part of the permanent unit;
"unit" means any permanent established Battalion, Detachment, Camp or Site of National Service.
4. Approved Financial Regulations
(1) The Permanent Secretary may, after consultation with the Permanent Secretary to the Treasury, from time to time with the approval and consent of the Minister responsible for finance, make financial and other regulations for the proper management and accounting of the finances and materials of the Corporation.
(2) The Approved Financial Regulations shall govern the day-to-day operations and management of the finances and materials of the Corporation.
5. Bank Account
The Bank Accounts of the Corporation shall be opened by the Specified Officer on approval by the Permanent Secretary in writing and shall be operated in accordance with the Approved Financial Regulations.
6. Withdrawals from Bank Accounts
Withdrawals from the Bank Accounts for payments by the Corporation shall be made in accordance with the Approved Financial Regulations.
7. Accounts and Audit
(1) The Specified Officer shall cause to be provided and kept books of accounts and records with respect to receipt and expenditure of moneys and assets and liabilities of the Corporation in accordance with the Approved Financial Regulations.
(2) Not later than six months after the close of every financial year the accounts, including the balance sheet of the Corporation, relating to that financial year shall be audited by the Controller and Auditor-General.
(3) As soon as the accounts of the Corporation have been audited, and in any case not later than six months after the audit, the Specified Officer shall submit to the Permanent Secretary and the Treasury Registrar a copy of the report made on it by the auditor.
8. Annual reports
The Specified Officer shall, within six months after the end of each financial year make a report with a copy of the audited statement of accounts of the auditors to the Permanent Secretary and the Treasury Registrar on the conduct of the Corporation's business during that financial year.
9. Submission of reports to the Minister
As soon as practicable after the Permanent Secretary has received the audited statement of accounts together with the auditor's report on it and the annual report referred to in regulations 6(3) and 7 respectively, he shall submit the same to the Minister responsible for National Service.
10. Directions
The Permanent Secretary may give to Specified Officer any directions which in his opinion will ensure compliance with the provision of the Act and of these Regulations and, in particular, the proper and efficient administration of the funds and resources of the Corporation and the Corporation shall give effect to all the directions.
G.Ns. Nos.
179 of 1983
264 of 1985
1. Short title
These Regulations may be cited as the Corporations Sole (Prisons Department) Regulation.
2. Application
These Regulations shall apply to the Corporation Sole established in relation to the Prison Department of the Ministry of Home Affairs.
3. Interpretation
In these Regulations, unless the context otherwise requires–
"the Act" means the Corporations Sole (Establishment) Act *;
"Corporation" means the Corporation Sole to which these Regulations apply;
"Minister" means the Minister for the time being responsible for Home Affairs;
"Permanent Secretary" means the Permanent Secretary to the Ministry responsible for Prisons;
"Specified Officer" means the Principal Commissioner of Prisons or any other Officer holding or acting in the office which has been designated the Corporation Sole.
4. Bank accounts
(1) The Specified Officer in relation to the Corporation shall cause a bank account to be opened in the name of the Corporation and may, with the approval of the Permanent Secretary cause to be opened one or additional accounts at any bank or banks which the Permanent Secretary may approve.
(2) The Specified Officer shall ensure that there are provided and kept books of accounts and records with respect to each bank account of the Corporation.
(3) All monies which in any manner are payable to the Corporation in this capacity as such and are received by the Corporation shall be paid into a bank account of the corporation.
(4) Every bank account of the Corporation shall be operated by the Specified Officer or by any other public officer who may be authorised in that behalf in writing by the Specified Officer and approved in like manner by the Permanent Secretary.
(5) Every bank account of the Corporation shall be operated in accordance with the general or specific directions which the Permanent Secretary may from time to time give in that behalf.
5. Withdrawals from the bank and payments by the Corporation
(1) For the purpose of this regulation, "petty payments" means payments by cash of amounts not exceeding three hundred shillings each.
(2) The Specified Officer may from time to time cause to be withdrawn from the bank any amounts which are necessary to enable him to make petty payments not exceeding three thousand shillings in the aggregate on any one day.
(3) All payments from the funds of the Corporation, other than petty payments and in respect of wages of employees of the Corporation shall be made by cheque and not otherwise.
(4) The Specified Officer shall cause to be–
(a) obtained and kept a receipt or other record in respect of every payment made by the Corporation; and
(b) maintained in triplicate a record of all disbursements made by the Corporation and shall within the first fifteen days of every month submit to the Permanent Secretary and the Treasury Registrar a copy of the record of disbursements made by it during the preceding month.
6. Submission of budgets for approval
The Specified Officer shall within two months before the commencement of any financial year, cause to be prepared and submitted to the Minister and the Treasury Registrar for approval, a detailed Annual Budget showing the amount–
(a) expected to be received or earned within that financial year; and
(b) expected to be disbursed or expanded within that year;
(c) expected to accrue as surplus or profit from the operations of the Corporation in that financial year.
7. Accounts and audit
(1) The Specified Officer shall cause to be provided and kept proper books of accounts and records with respect to–
(a) the receipt and expenditure of monies by, and other financial transactions of the Corporation;
(b) the assets and liabilities of the Corporation,
and shall cause to be made out for every financial year a balance sheet and a statement showing details of the income and expenditure of the corporation and all its assets and liabilities.
(2) Not later than six months after the close of every financial year the accounts, including the balance sheet of the Corporation relating to that financial year shall be audited by the Controller and Auditor-General.
8. Annual reports
The Specified Officer shall, within six months, after the end of each financial year make a report with a copy of the audited statement of the accounts of the auditors on it to the Permanent Secretary and the Treasury Registrar on the conduct of the Corporation's business during that financial year.
9. Submission of reports to the Minister
(1) As soon as practicable after the Permanent Secretary has receive the audited statement of accounts together with the auditor's report and the annual report referred to in regulation 8, he shall submit the same to the Minister.
(2) The Minister may, on the basis of the reports submitted to him pursuant to paragraph (1) of this Regulation and after consultation with the Treasury Registrar, decide whether or not existing projects should be expanded or abandoned or new projects should be created.
10. Directions by the Permanent Secretary
The Permanent Secretary may give to the Specified Officer any directions which in his opinion will ensure compliance with the provisions of the Act and of these Regulations and, in particular, the proper and efficient administration of the funds and resources of the corporation and the Corporation shall give effect to all the directions.
11. Directions by the Specified Officer
The Specified Officer may issue directions to project controllers with a few ensuring proper management of the projects along sound commercial lines within the disciplinary chain of command of the Prison Department proved that the directions shall not be inconsistent with the provisions of the Act or of these Regulations. {/mprestriction}