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 (b) an audited statement of income and expenditure; and (c) such other information as the Agency may consider appropriate or as the Minister may direct. (3) The Minister shall, during the meeting of the Parliament next following receipt by him of the report referred to in subsection (1), lay the report before the Parliament, but otherwise the Agency may publish the report for public-private partnership arrangement to the public. Progress reports 57. The Agency shall every quarter, at the end of September, December, March, and June produce a report to Cabinet on its activities during that period, giving details of bids received and selected and other particulars and shall publish the report for sale to the public. Prohibition against publication or disclosure of certain information 58. (1) No person shall, without the consent in writing given by or on behalf of the Agency, publish or disclose to any person, otherwise than in the course of his duties, the contents of any document, communication or information which relates to, and which has come to his knowledge in the course of, his duties under this Act. (2) Any person who knowingly contravenes subsection (1) shall be guilty of an offence. Oath of secrecy 59. Every - (a) member of the Board; (b) member of a committee of the Board; (c) employee of the Agency; (d) consultant in the service of the Agency, shall, upon assumption of his office, take such oath of secrecy as may be approved by the Agency or as may otherwise be prescribed under this Act or presented as a guideline in the regulations. Provided, however, that the Agency and its consultants shall not be constrained by such oath of secrecy where responding to challenges or claims made against the Agency or any member by third parties, provided further that the response does not disclose more information than reasonably required to address fully the challenge or claim. Unauthorised persons not to publish or disclose information THE INSTITUTE FOR PUBLIC-PRIVATE PARTNERSHIPS 128
Development of Policy, Legal, & Institutional Framework for the PPP Program in Malawi Final Report 60. (1) Save as otherwise provided by law, a person shall not disclose confidential information obtained by him or her while performing (or as a result of having performed) duties under this Act as— (a) a member of the Board, (b) Director General, (c) a member of the staff of the Agency, or (d) an adviser or consultant to the Agency, or an employee of such person whilst performing duties relating to such advice or consultation, or obtained while in performance of a service contract, unless he or she is duly authorised by the Agency to do so. (2) A person who contravenes subsection (1) is guilty of an offence and is liable on conviction to a fine not exceeding K100,000 or to imprisonment for a term not exceeding 12 months or to both. (3) Nothing in subsection (1) shall prevent disclosure of information to the Board, the Director General or the Minister. Part VII – Miscellaneous Provisions Prohibition against seeking to exert undue influence on officers 61. (1) A person who communicates with a member of the Board, the Director General, a member of the staff of the Agency, or a consultant, adviser or other person engaged by the Agency, for the purpose of influencing improperly his or her consideration of any matter which falls to be considered or decided by the Agency is guilty of an offence. (2) If a person referred to in subsection (1) to whom a communication is made is of the opinion that a communication may be in contravention of subsection (1), it shall be his or her duty not to entertain the communication further and he or she shall inform forthwith the Chairperson of the Board in writing of the substance of such communication and the Chairperson shall acknowledge in writing the receipt of such information. (3) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding K100,000 and/or imprisonment for a term not exceeding 12 months. Vesting of existing property in the Agency 62. Any property procured or acquired for the purposes of the public sector investment programme shall, on commencement of this Act, vest in the Agency. Prior leases and agreements THE INSTITUTE FOR PUBLIC-PRIVATE PARTNERSHIPS 129
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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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