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EXCHEQUER AND AUDIT ACT - OAS

EXCHEQUER AND AUDIT ACTCHAPTER 69 OF trinidad AND TOBAGOAct20 of 1959 Amended by176/1961*52/1962 8/196297/196325 of 196418 of 19667/1978179/19783/19794/19795/1979185/ 1979152/198218/198490/198918 of 198923 of 1998*Before Independence After IndependenceCurrent Authorised PagesPagesAuthorised(inclusive)by and AuditCh. 69:01 laws OF trinidad AND TOBAGO2 Index of Subsidiary LegislationPageContingencies Fund Increase Resolution (GN 136/1979)..27 Financial Regulations (GN 118/1965)..27 Delegation of Powers ( EXCHEQUER and AUDIT ) Order (80/1988)..68 Note on AdaptationUnder paragraph 6 of the Second Schedule to the Law Revision Act (Ch. 3:03) the Commissionamended certain references to public officers in this Chapter. The Minister s approval of theamendments was signified by LN 120/1980, but no marginal reference is made to this Noticewhere any such amendment is made in the on section 37 of the ActSection 26 of Act No.

exchequer and audit act chapter 69:01 l.r.o.1/ laws of trinidad and tobago act 20 of 1959 amended by 176/1961 *52/1962 †8/1962 97/1963 25 of 1964

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Transcription of EXCHEQUER AND AUDIT ACT - OAS

1 EXCHEQUER AND AUDIT ACTCHAPTER 69 OF trinidad AND TOBAGOAct20 of 1959 Amended by176/1961*52/1962 8/196297/196325 of 196418 of 19667/1978179/19783/19794/19795/1979185/ 1979152/198218/198490/198918 of 198923 of 1998*Before Independence After IndependenceCurrent Authorised PagesPagesAuthorised(inclusive)by and AuditCh. 69:01 laws OF trinidad AND TOBAGO2 Index of Subsidiary LegislationPageContingencies Fund Increase Resolution (GN 136/1979)..27 Financial Regulations (GN 118/1965)..27 Delegation of Powers ( EXCHEQUER and AUDIT ) Order (80/1988)..68 Note on AdaptationUnder paragraph 6 of the Second Schedule to the Law Revision Act (Ch. 3:03) the Commissionamended certain references to public officers in this Chapter. The Minister s approval of theamendments was signified by LN 120/1980, but no marginal reference is made to this Noticewhere any such amendment is made in the on section 37 of the ActSection 26 of Act No.

2 18 of 1998 provides as follows: 26. Notwithstanding section 37 of the EXCHEQUER and AUDIT Act, funds of NALIS notimmediately required for the meeting of its obligations or the discharge of its functions maybe invested from time to time by NALIS in securities approved by the Minister of Finance.. 1/ EXCHEQUER and AuditCh. 69:01 laws OF trinidad AND TOBAGOCHAPTER 69:01 EXCHEQUER AND AUDIT ACTARRANGEMENT OF SECTIONSSECTIONPART IPRELIMINARY1. Short IICONTROL AND MANAGEMENT OF PUBLIC FINANCES3. Management of the Public Powers of the Control of Expenditure and Bank IIIDUTIES AND POWERS OF THE AUDITOR GENERAL7. Restriction on Auditor Tenure of Office of Auditor Examination by Auditor Powers of the Auditor and delegation of functions of the Auditor IVCOLLECTION, ISSUE AND PAYMENT OF PUBLICMONEYS12.

3 EXCHEQUER Consolidated Bank Advances to Establishment of Contingencies Treasury and AuditCh. 69:01 laws OF trinidad AND TOBAGO418. Granting credits on the EXCHEQUER Issues from the EXCHEQUER Account to be paid into bank Overdraft on the EXCHEQUER Issue from the Consolidated Investment of moneys in the Consolidated Erroneous VAUDIT OF PUBLIC ACCOUNTS AND THEPROTECTION AND RECOVERY OF PUBLIC PROPERTY24. Annual Annual Report of the Auditor Notification of irregularities to the Surcharge by Notification of Withdrawal of Recovery of VICONTROLS OF THE FINANCE OF STATUTORY BODIES31. AUDIT of accounts of statutory Application of certain sections to statutory Capital Income and expenditure Payment of surplus funds to Consolidated Deposits to special Appointment of auditor by Annual reports and Examination of accounts of Auditor General s 1/ EXCHEQUER and AuditCh.

4 69:01 laws OF trinidad AND TOBAGOPA RT VIIGENERAL42. Duration of Appropriation Establishment of Transfer of certain accounts to the Consolidated and AuditCh. 69:01 laws OF trinidad AND TOBAGO6 CHAPTER 69:01 EXCHEQUER AND AUDIT ACTAn Act to provide for the control and management of the publicfinances of trinidad and tobago ; for the duties and powersof the Auditor General; for the collection, issue andpayment of public moneys; for the AUDIT of public accountsand the protection and recovery of public property; forthe control of the powers of statutory bodies; and formatters connected therewith.[15TH DECEMBER 1959]PA RT Act may be cited as the EXCHEQUER and AUDIT this Act accounting officer means any person appointed by the Treasuryand charged with the duty of accounting for any service inrespect of which moneys have been appropriated by theConstitution or by Parliament, or any person to whom issuesare made from the EXCHEQUER Account; appropriate Minister means in relation to a statutory body theMinister exercising authority under law with respect to suchstatutory body.

5 Appropriation Act means any enactment authorising the issueof moneys from the Consolidated Fund to meet expenditureof the Government, and includes a provision of anyenactment or of the Constitution which charges expenditureon that Fund; appropriate Service Commission means whichever of theservice commissions established by the Constitution has thepower to exercise disciplinary action over a person againstwhom a surcharge under this Act is to be made, and where20 of [166/1959].Short [8/196297/196323 of 1998]. 1/ EXCHEQUER and AuditCh. 69:01 laws OF trinidad AND tobago such person is no longer in the employment of the State, theCommission which last had such power; Consolidated Fund means the Consolidated Fund of the State(including the growing produce thereof); Auditor General means the person appointed as such under theConstitution; EXCHEQUER Account means the account provided for in section 12; Joint Consolidated Fund and Joint Miscellaneous Fund meanrespectively the said Funds operated by the Crown Agents; Minister means the Minister responsible for Finance; officer means any person in the employment of the State.

6 Period of account means, in respect of the accounts referred toin section 24(1), the period of nine months ending on30th September, 1998 and thereafter the period of twelvemonths ending on 30th September in every year followingand in respect of other accounts such period of twelvemonths (or such lesser period) as may be prescribed; public moneys include (a)revenue;(b)any trust or other moneys held, whethertemporarily or otherwise, by an officer in hisofficial capacity either alone or jointly with anyother person, whether an officer or not; receiver of revenue means an officer appointed by the Treasuryfor the collection of, and for the accounting for, such itemsof revenue as the Treasury may specify; revenue means all tolls, duties, fees, licences, taxes, imports,royalties, rents, penalties, forfeitures, dues and all otherreceipts of the State from whatever source arising, overwhich Parliament has power of appropriation, including theproceeds of all loans raised; statutory body means any municipality, county council, board,commission or similar body corporate established andincorporated by an Act; EXCHEQUER and AuditCh.

7 69:01 laws OF trinidad AND TOBAGO8 Treasury means the Minister, and includes such officer orofficers in the Ministry of Finance as may be deputed bythe Minister to exercise powers and to perform duties underthis IICONTROL AND MANAGEMENT OF PUBLIC Minister shall, subject to the Constitution and thisAct, have the management of the Consolidated Fund and thesupervision, control and direction of all matters relating to thefinancial affairs of the State which are not by law assigned to anyother (1)All persons concerned in the collection, receipt,custody and payment or issue of public moneys, stores, stamps,securities or other State property shall obey all such instructionsas they may from time to time receive from the Treasury in respectof public moneys, stores, stamps, securities or other State property,or accounting for the same.

8 (2)The Permanent Secretary to the Minister, or any officerin the Treasury authorised by him, shall be entitled to inspect alloffices and to have such access to all official books, documentsand other records as may be necessary for the exercise of the powersand duties of the Treasury under this Act.(3) The Treasury shall so superintend the expenditure ofpublic moneys as to ensure that proper arrangements for accountingto the House for such expenditure are (1)Save as may otherwise be provided by this or anyother law no expenditure involving a charge on the ConsolidatedFund shall be incurred, and no sums due to the ConsolidatedFund shall be remitted, without the general or specific authorityof the Treasury.(2)Notwithstanding any general or specific authoritywhich may have been given by him, it shall be within the discretionof the Minister to limit or suspend any expenditure charged underManagement ofthe PublicFinances.

9 [8/1962].Powers of theTreasury.[8/1962].Control ofExpenditure 1/ EXCHEQUER and AuditCh. 69:01 laws OF trinidad AND TOBAGOany Appropriation Act or by virtue of section 18 and so authorisedif in his opinion the exigencies of the financial situation rendersuch limitation or suspension public or official account shall be opened in any bankwithout the authority in writing of the Treasury and no bank shallpermit an overdraft on any public or official account unlessauthorised to do so in writing by the IIIDUTIES AND POWERS OF THE AUDITOR Auditor General shall not be capable while holdingthe said office of holding any other office of emolument in theservice of the (1) Save as is otherwise provided in the Constitution theprovisions of the law and regulations in force relating to the publicservice shall apply to the Auditor General.

10 (2) Where the Auditor General is removed from officeunder the Constitution the Minister shall make a full statement ofthe reasons therefor at the first opportunity to (1) The Auditor General shall examine, inquire into andaudit the accounts of all accounting officers and receivers ofrevenue and all persons entrusted with the assessment of, collection,receipt, custody, issue or payment of public moneys, or with thereceipt, custody, issue, sale, transfer or delivery of any stamps,securities, stores or other State property.(2) The Auditor General shall satisfy himself that (a)all reasonable precautions have been taken tosafeguard the collection of public moneys and thatthe laws , directions and instructions relatingthereto have been duly observed;(b)all issues and payments were made in accordancewith proper authority and that all payments wereproperly chargeable and are supported bysufficient vouchers or proof of payment;Bank AuditorGeneral.


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