Development of Policy, Legal, and Insitutional Framework for - ppiaf

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Development of Policy, Legal, & Institutional Framework for the PPP Program in Malawi Final Report Parliament to appropriate resources to fund the activities of the Agency 50. The expenses incurred by the Minister in the administration of this Act shall be paid out of moneys provided by the Parliament and those incurred by any other Minister of the Government shall, to such extent as may be sanctioned by the Minister, be paid out of such moneys. Agency or Government Authority to keep record of cost of transactions 51. To the extent possible, the Agency or the Government Authority, as the case may be, shall prepare a statement of its costs up to and including closing related to a particular public-private partnership arrangement, in addition to anticipated post-transaction costs based on the obligations and commitments of the Government Authority entering into such a public-private partnership arrangement. Funding sources of the Agency 52. (1) Subject to subsection (2), the funds of the Agency shall consist of such moneys as may - (a) be appropriated by Parliament for the purposes of the Agency; (b) be received by the Agency under subsection (2); and (f) otherwise vested in or accrued to the Agency from government allocations. (2) The Agency may – (a) accept money by way of grants or donations from any source in or outside Malawi provided that such source and their principals, relatives, related entities, representatives or affiliated parties of any type, have not theretofore participated directly or indirectly in any public investment projects in Malawi and shall thereafter be disqualified from participating in any public investment projects in Malawi; (b) subject to the approval of the Minister, raise, by way of loans from any source in or outside Malawi, such money as it may require for the discharge of its functions, provided that such source shall comply with the restraints in subsection (a) above; and (c) charge and collect fees in respect of programmes, publications, seminars, documents, consultancy services and other services provided by the Agency. (3) The Agency may invest in such manner as it thinks fit such of its funds as it does not immediately require for the performance of its functions. THE INSTITUTE FOR PUBLIC-PRIVATE PARTNERSHIPS 126
Development of Policy, Legal, & Institutional Framework for the PPP Program in Malawi Final Report Financial year of the Agency 53. The financial year of the Agency shall be the period of twelve months ending on 31st July in each year or on such other date as the Minister may specify by Order published in the Gazette, provided that the first financial year of the Agency may be such shorter or longer period than twelve months as the Minister shall determine but being not less than six months nor more than eighteen months. Agency to keep Books of Account 54. (1) The Agency shall cause to be kept proper books of account and other records relating to its account. (2) The accounts of the Agency shall be audited annually by independent auditors appointed by the Agency. Part VI – Publication of Information Publication of certain Information 55. (1) The Agency shall maintain detailed records of - (a) the public-private partnership arrangement transactions that have been undertaken; (b) the registered consultants, valuers, lawyers, public accountants and banks dealing with the public-private partnership arrangements; (c) the bidders and bid prices; (d) the successful bidders and the reason for selecting such bidders; (e) the cost of transactions and any other special conditions of the public-private partnership arrangements; and (f) any other matters as the Agency may deem appropriate. (2) The Agency shall prepare for approval of the Board and thereafter subsequent publication of an Annual Business Plan and a Three-year Strategy Plan. Annual Reports (1) As soon as practicable, but not later than six months after the expiry of each financial year, the Agency shall submit to the Minister a report concerning its activities during that financial year. (2) The report referred to in subsection (1) shall be in such form as the Minister shall approve and shall include information on the financial affairs of the Agency and there shall be appended to the report - (a) an audited balance sheet; THE INSTITUTE FOR PUBLIC-PRIVATE PARTNERSHIPS 127
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31 March 2007 Mr. Constantine Chiko
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Development of Policy, Legal, and Insitutional Framework for - ppiaf

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