PUBLIC FINANCE MANAGEMENT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Agricultural Credit Guarantee Scheme Fund Order

Botswana Innovation Hub Fund Order

Botswana Railways Fund Order

Centre for Accounting Studies Special Fund (Revocation) Order

Conservation Trust Fund Order

Construction Industry (Crash Training Programme) Trust Fund Order

Copyright and Neighbouring Rights (Levy on Technical Devices) Fund Orders

Credit Guarantee Scheme Fund Order

Debt Participation Capital Fund Limited Order

Dissolution of the Pension Liability Service Fund Order

Dissolution of the Tropical Forest Conservation Fund Order

Finance (Citizen Contractors' Fund) Order

Finance (Tourism Industry Training Fund) Order

Foot and Mouth Relief Fund Order

Foreign Exchange Stabilization Reserve Fund Order

Guaranteed Loans Insurance Fund Order

Housing Fund Order

Khama (Sir Seretse) Memorial Fund for the Handicapped Order

Levy on Alcoholic Beverages Fund Order

Livestock Advisory Services Fund Order

Local Authorities Self Insurance Special Fund Order

Meat Industries (Beef Equalization) Special Fund Order

Micro Credit Enterprises Fund Order

Mpule Kwelagobe HIV/AIDS Trust Fund Order

National Disaster Relief Fund Order

National Electrification Fund Order

National Environmental Fund Order

National Petroleum Fund Order

Postal Services Special Fund Order

Prisons Industry Revolving Fund Order

Productive Employment Development Fund Order

Public Debt Service Fund Order

Public Finance Management (Government Audit Committee) Regulations

Public Finance Management (Levy on Tobacco and Tobacco Products) Fund Order

Public Funds (Limits for Total Advances Outstanding) Order

Revenue Stabilization Fund Order

Road Levy Collections Fund Order

Road Traffic Fines Fund Order

Sim's Bursary Trust Fund Order

Sir Seretse Khama Memorial Fund for the Handicapped Order

Tertiary Education Development Fund Order

Tropical Forest Conservation Fund Order

PUBLIC DEBT SERVICE FUND ORDER

 

(section 25*)

 

(19th January, 1973)

 

ARRANGEMENT OF PARAGRAPHS

 

PARAGRAPH

 

 

 

   1.   Citation

 

   2.   Interpretation

 

   3.   Establishment of the Fund

 

   4.   Purpose of the Fund

 

   5.   Receipts into the Fund

 

   6.   Administration of the Fund

 

   7.   Investment of moneys of the Fund

 

   8.   Deposits of moneys not otherwise invested

 

   9.   Realization of investments

 

   10.   Disbursements from the Fund

 

 

S.I. 9, 1973,
S.I. 65, 1978.

 

1.   Citation

   This Order may be cited as the Public Debt Service Fund Order.

 

2.   Interpretation

   In this Order, unless the context otherwise requires-

   "investments" means loans or advances to City, District or Town Councils, statutory corporations or their subsidiaries, corporations, wholly or partly owned by the Government or their subsidaries or to the Botswana Co-operative Bank Limited; securities issued by international organizations or institutions of which Botswana is a member; stocks, shares, bonds or debentures; other securities the investment in which is either in the public interest or is likely to result in income necessary for the achievement of the purposes of the Fund.

 

3.   Establishment of the Fund

   A Special Fund, to be known as the Public Debt Service Fund, (hereinafter referred to as "the Fund") is hereby established.

 

4.   Purpose of the Fund

   The purpose of the Fund is to receive and safeguard moneys made available to it or earned by it which are to be utilized to meet, in whole or in part, future payments of debt charges to be made by the Government pursuant to section 123 of the Constitution or any other written law, or guarantees given pursuant to section 22 of the Act, the discharge of which is not the subject of other redemption arrangements.

 

5.   Receipts into the Fund

   There shall be paid into the Fund-

 

   (a)   such moneys as may be appropriated from time to time by Parliament for the purposes of the Fund;

 

   (b)   any moneys accruing or realized from any investments or deposits made from moneys in the Fund in accordance with paragraphs 7 and 8 of this Order.

 

6.   Administration of the Fund

   (1) The Permanent Secretary of the Ministry for the time being responsible for finance (hereinafter referred to as "the accounting officer") shall be the public officer responsible for the administration of the Fund.

   (2) In the exercise of any power conferred on him under this Order, the accounting officer may exercise such power personally or through any other public officer authorized by him in writing.

 

7.   Investment of moneys of the Fund

   Moneys of the Fund not immediately required for the purposes of paragraph 10(b) shall, as far as possible, be invested by the accounting officer on behalf of the Fund in such investments and on such terms-

 

   (a)   as shall contribute to the achievement of the objectives of the National Development Plan, as approved from time to time by resolution of the National Assembly; and

 

   (b)   as the President, on the advice of the Minister for the time being responsible for finance (hereinafter referred to as "the Minister"), shall direct:

   Provided that such investments or terms shall not in any way prejudice the achievement of the purposes of the Fund.

 

8.   Deposits of moneys not otherwise invested

   The accounting officer may from time to time deposit, or renew deposits of, moneys of the Fund which are not invested in accordance with paragraph 7 of this Order, in the Joint Consolidated Fund administered by the Crown Agents or in such financial institutions as are approved from time to time by the Minister.

 

9.   Realization of investments

   The accounting officer may, in accordance with the directions of the Minister, realize investments of moneys of the Fund.

 

10.   Disbursements from the Fund

   There shall be paid from the Fund-

 

   (a)   such amounts as are required for the purposes of paragraphs 7 and 8;

 

   (b)   such amounts as the Minister may from time to time direct to be paid into the Consolidated Fund towards meeting-

 

      (i)   payments of debt charges pursuant to section 123 of the Constitution or any other written law;

 

      (ii)   payments in respect of guarantees given pursuant to section 22 of the Act.

REVENUE STABILIZATION FUND ORDER

 

(under section 25*)

 

(19th January, 1973)

 

ARRANGEMENT OF PARAGRAPHS

 

   PARAGRAPH

 

 

 

   1.   Citation

 

   2.   Interpretation

 

   3.   Establishment of the Fund

 

   4.   Purpose of the Fund and revenues of the Fund

 

   5.   Administration of the Fund

 

   6.   Advisory committee

 

   7.   Investment of moneys of the Fund

 

   8.   Realization of investments

 

   9.   Disbursements from the Fund

 

 

S.I. 10, 1973,
S.I. 66, 1978.

 

1.   Citation

   This Order may be cited as the Revenue Stabilization Fund Order.

 

2.   Interpretation

   In this Order, unless the context otherwise requires-

    "investments" means deposits with such banks or other financial institutions as the Minister may from time to time approve; investments in the Joint Consolidated Fund administered by the Crown Agents; any investments which may lawfully be held by a trustee in Botswana; the purchase of Treasury bills, or other securities issued from time to time by the Government, or other negotiable securities the purchase of which is likely to contribute to the achievement of the purpose of the Fund; advances or loans to statutory corporations or to corporations wholly or partly owned by the Government, or their subsidiaries or to the Botswana Co-operative Bank Limited; such other classes of investments as the President, on the advice of the Minister, may from time to time approve.

 

3.   Establishment of the Fund

   A Special Fund, to be known as the Revenue Stabilization Fund, (hereinafter referred to as "the Fund") is hereby established.

 

4.   Purpose of the Fund and revenues of the Fund

   The purpose of the Fund is to receive and administer moneys which-

 

   (a)   are appropriated to it by Parliament from time to time;

 

   (b)   accrue to it as a result of investments made in accordance with paragraph 7 of this Order; or

 

   (c)   are otherwise lawfully payable to it,

and thus to establish and safeguard a general revenue reserve which is intended to supplement other recurrent revenues in those financial years in which such other recurrent revenues fall short of the total amounts which have been appropriated in such financial years to ensure the maintenance and orderly expansion of public services in a manner which is consistent with National Development Plans which have been, or are, approved from time to time by resolution of the National Assembly.

 

5.   Administration of the Fund

   (1) The Permanent Secretary of the Ministry for the time being responsible for finance (hereinafter referred to as "the accounting officer") shall be the public officer responsible for the administration of the Fund.

   (2) In the exercise of any power conferred on him under this Order, the accounting officer may exercise such power personally or through any other public officer authorized by him in writing.

 

6.   Advisory committee

   There shall be established an advisory committee (hereinafter referred to as "the committee") comprising the accounting officer, who shall be chairman, and such other persons as the Minister may from time to time appoint in writing, which shall advise the Minister regarding the policies to be followed in the administration of the Fund and the investments to be made pursuant to paragraph 7 hereof.

 

7.   Investment of moneys of the Fund

   The moneys of the Fund not immediately required for the purposes of paragraph 9(b) shall, as far as possible, be invested on the instructions of the accounting officer on behalf of the Fund in such investments and on such terms-

 

   (a)   as the Minister, on the advice of the committee, shall direct; and

 

   (b)   as shall contribute generally to the achievement of the objectives of the National Development Plan as approved from time to time by resolution of the National Assembly:

   Provided that such investments or terms shall not in any way prejudice the achievement of the purposes of the Fund.

 

8.   Realization of investments

   The accounting officer may, in accordance with the directions of the Minister, realize investments of moneys of the Fund.

 

9.   Disbursements from the Fund

   There shall be paid from the Fund-

 

   (a)   such amounts as are required for the purposes of paragraph 7;

 

   (b)   such amounts as the Minister may from time to time direct to be paid into the Consolidated Fund during any financial year for the purposes set out in paragraph 4.

MEAT INDUSTRIES (BEEF EQUALIZATION) SPECIAL FUND ORDER

 

(under section 25*)

 

(4th July, 1975)

 

ARRANGEMENT OF PARAGRAPHS

 

PARAGRAPH

 

 

 

   1.   Citation

 

   2.   Interpretation

 

   3.   Establishment of Fund

 

   4.   Purpose of Fund

 

   5.   Administration of the Fund

 

   6.   Receipts into Fund

 

   7.   Disbursements from the Fund

 

   8.   Accounts of Fund

 

 

S.I. 87, 1975.

 

1.   Citation

   This Order may be cited as the Meat Industries (Beef Equalization) Special Fund Order.

 

2.   Interpretation

   In this Order, unless the context otherwise requires-

   "Director" means the Director of Customs and Excise;

   "Fund" means the Meat Industries (Beef Equalization) Special Fund established under paragraph 3.

 

3.   Establishment of Fund

   There is hereby established a Special Fund to be known as the Meat Industries (Beef Equalization) Special Fund.

 

4.   Purpose of Fund

   The purpose of the Fund is to provide for the equalization of prices to be paid to the Botswana Meat Commission in respect of chilled or frozen boneless beef exported to any country forming part of the European Community.

 

5.   Administration of the Fund

   The Director shall be the public officer responsible for the administration of the Fund.

 

6.   Receipts into Fund

   There shall be paid into the Fund all moneys received in respect of export tax imposed under the Export Tax (Chilled or Frozen Boneless Beef) Regulations.

 

7.   Disbursements from the Fund

   There shall be paid from the Fund to the Botswana Meat Commission an amount equal to the export tax paid under the Export Tax (Chilled or Frozen Boneless Beef) Regulations.

 

8.   Accounts of Fund

   (1) The Director shall keep and maintain proper accounts and records in respect of the Fund and shall prepare in respect of each financial year a balance sheet and statement of income and expenditure in such form and manner as the Accountant-General may approve.

   (2) The Director shall, not later than 31st July in each year, sign and forward to the Accountant-General a copy of the balance sheet and statement of income and expenditure in respect of the previous financial year.

   (3) The balance sheet and statement of income and expenditure shall be included in the Annual Statement of Accounts submitted by the Accountant-General to the Auditor-General in accordance with section 34(2) of the Act.

   (4)   The Director shall reconcile the accounts and records maintained under subparagraph (1) monthly with the account maintained by the Accountant-General.

FOREIGN EXCHANGE STABILIZATION RESERVE FUND ORDER

 

(under section 25*)

 

(16th May, 1980)

 

ARRANGEMENT OF PARAGRAPHS

 

   PARAGRAPH

 

 

 

   1.   Citation

 

   2.   Establishment of Fund

 

   3.   Purpose of Fund

 

   4.   Administration of Fund

 

   5.   Receipts into Fund

 

   6.   Disbursements from Fund

 

   7.   Deficit in Fund

 

   8.   Surplus in Fund

 

 

S.I. 81, 1980.

 

1.   Citation

   This Order may be cited as the Foreign Exchange Stabilization Reserve Fund Order.

 

2.   Establishment of Fund

   A special fund, to be known as the Foreign Exchange Stabilization Reserve Fund (hereinafter referred to as "the Fund"), is hereby established.

 

3.   Purpose of Fund

   The purpose of the Fund is to allow gains on foreign exchange transactions made by the Government, any Government institution or organization and statutory corporation to be set off against losses and thus reduce the consequences of large fluctuations arising from such transactions.

 

4.   Administration of Fund

   (1) The Permanent Secretary of the Ministry for the time being responsible for finance (hereinafter referred to as "the accounting officer") shall be the public officer responsible for the administration of the Fund.

   (2) In the exercise of any power conferred on him under this Order, the accounting officer may exercise such power personally or through any other public officer authorized by him in writing.

 

5.   Receipts into Fund

   There shall be paid into the Fund-

 

   (a)   such moneys as may be appropriated from time to time by the National Assembly to meet deficiencies; and

 

   (b)   gains arising from foreign exchange transactions.

 

6.   Disbursements from Fund

   There shall be paid from the Fund all losses arising from foreign exchange transactions.

 

7.   Deficit in Fund

   If the Fund is in deficit at the end of the financial year, the National Assembly shall be requested to appropriate sufficient moneys to meet such deficit.

 

8.   Surplus in Fund

   If the Fund is in surplus at the end of the financial year, such surplus shall be carried forward into the following financial year:

   Provided that any surplus in excess of the amount considered by the Minister for the time being responsible for finance to be necessary to stabilize foreign exchange transactions shall be paid into the Consolidated Fund.

POSTAL SERVICES SPECIAL FUND ORDER

 

(under section 25*)

 

(19th December, 1980)

 

ARRANGEMENT OF PARAGRAPHS

 

   PARAGRAPH

 

 

 

   1.   Citation

 

   2.   Interpretation

 

   3.   Establishment of Fund

 

   4.   Purpose of Fund

 

   5.   Administration of Fund

 

   6.   Estimates

 

   7.   Receipts into Fund

 

   8.   Disbursements from Fund

 

   9.   Accounts of Fund

 

 

S.I. 142, 1980.

 

1.   Citation

   This Order may be cited as the Postal Services Special Fund Order.

 

2.   Interpretation

   In this Order, unless the context otherwise requires-

   "Consolidated Fund" means the Consolidated Fund established by section 117 of the Constitution;

   "Department" means the Department of Postal Services;

   "Director" means the Director of Postal Services;

   "Fund" means the Postal Services Special Fund established under paragraph 3.

 

3.   Establishment of Fund

   There shall continue to be a special fund, to be known as the Postal Services Special Fund.

 

4.   Purpose of Fund

   The purpose of the Fund is to provide for-

 

   (a)   the purchase, maintenance and replacement of land, buildings, plant, machinery and equipment used by or on charge to the Director;

 

   (b)   the repayment of moneys spent by the Government from the Consolidated Fund for the purchase of land, buildings, plant, machinery and equipment used by or on charge to the Director;

 

   (c)   the expenses of the Director under the Botswana Postal Services Act and the Botswana Savings Bank Act, and to account for all moneys received by the Director or held on deposit by him under such laws.

 

5.   Administration of Fund

   The Permanent Secretary to the Ministry of Works, Transport and Communications (hereinafter referred to as "the responsible officer") shall be the public officer responsible for the administration of the Fund.

 

6.   Estimates

   The responsible officer shall prepare annual estimates for the operation of the Department and submit them to the Minister for his approval.

 

7.   Receipts into Fund

   There shall be paid into the Fund-

 

   (a)   all direct, hiring and standing charges levied in respect of Government machinery and equipment in use by the Department and of services provided by the Department;

 

   (b)   any advance made from the Consolidated Fund by the Minister under section 19(1)(b) of the Act;

 

   (c)   any other moneys which may be appropriated by Government for the purpose of the Fund.

 

8.   Disbursements from Fund

   There shall be paid from the Fund-

 

   (a)   the cost of purchasing replacement Government buildings, plant and equipment;

 

   (b)   all expenditure incurred in the operation, maintenance and replacement of Government buildings, plant and equipment and the provision of services;

 

   (c)   all sums due to foreign postal authorities in respect of services rendered to the Department or under any international agreement affecting the Department; and

 

   (d)   such sums as the Minister may direct shall be paid into the Consolidated Fund.

 

9.   Accounts of Fund

   (1) The responsible officer shall keep and maintain proper accounts and records in respect of the Fund and shall prepare in respect of each financial year a balance sheet and statement of income and expenditure in such form and manner as the Accountant-General may approve.

   (2) The responsible officer shall, not later than 31st July in each year, sign and forward to the Accountant-General a copy of the balance sheet and statement of income and expenditure in respect of the previous financial year.

   (3) At the time of the submission of the balance sheet and statement of income and expenditure, the responsible officer shall also submit to the Minister proposals for dealing with any surplus or deficiency in the Fund and the handling of such surplus or deficiency.

   (4) The balance sheet and statement of income and expenditure shall be included in the Annual Statement of Accounts submitted by the Accountant-General to the Auditor-General in accordance with section 34(2) of the Act.

   (5) The responsible officer shall maintain accounts in which shall be recorded all receipts into the Fund and all disbursements from the Fund; such accounts, which shall be reconciled monthly with the account maintained by the Accountant-General, shall be kept in sufficient detail to enable the responsible officer to prepare the balance sheet and statement of income and expenditure required under subparagraph (2).

SIR SERETSE KHAMA MEMORIAL FUND FOR THE HANDICAPPED ORDER

 

(under section 25*)

 

(1st August, 1980)

 

ARRANGEMENT OF PARAGRAPHS

 

   PARAGRAPH

 

 

 

   1.   Citation

 

   2.   Establishment of Fund

 

   3.   Purpose of Fund

 

   4.   Board of Trustees

 

   5.   Administration of Fund

 

   6.   Receipts into Fund

 

   7.   Disbursements from Fund

 

   8.   Surplus in Fund

 

   9.   Investment of money

 

 

S.I. 60, 1981.

 

1.   Citation

   This Order may be cited as the Sir Seretse Khama Memorial Fund for the Handicapped Order.

 

2.   Establishment of Fund

   There is hereby established a Special Fund to be known as the Sir Seretse Khama Memorial Fund for the Handicapped (hereinafter referred to as "the Fund").

 

3.   Purpose of Fund

   The purpose of the Fund is to assist handicapped persons in Botswana by providing them with their needs either in cash or in kind.

 

4.   Board of Trustees

   The President shall appoint a Board of Trustees to the Fund, whose membership will be as widely representative as possible of the interest of both Government and the general public in matters affecting the handicapped.

 

5.   Administration of Fund

   (1) The Chairman of the Board of Trustees shall be the Permanent Secretary to the President.

   (2) The Chairman shall be responsible for the administration of the Fund and shall authorize such payments and financial transactions as may be approved by the Board.

 

6.   Receipts into Fund

   There shall be paid into the Fund-

 

   (a)   such moneys as may be appropriated from time to time by the National Assembly to meet the requirements of the handicapped in Botswana;

 

   (b)   donations from persons and organizations; and

 

   (c)   any moneys accruing or realized from any investments made from moneys in the Fund in accordance with paragraph 9.

 

7.   Disbursements from Fund

   (1) There shall be paid from the Fund-

 

   (a)   all the relevant expenses incurred in the provision of facilities for the handicapped in Botswana; and

 

   (b)   any other expenses incurred in the performance of the duties connected with the handicapped by the members of the Board of Trustees.

 

8.   Surplus in Fund

   If the Fund shows a surplus at the end of the Financial Year, such surplus shall be carried forward into the following year.

 

9.   Investment of money

   Any money accruing to the Fund which is not required for immediate use shall be invested in Botswana in accordance with the direction given by the Board and interest earned from such investments shall accrue to the Fund.

TERTIARY EDUCATION DEVELOPMENT FUND ORDER

 

(under section 25*)

 

(9th July, 2004)

 

ARRANGEMENT OF PARAGRAPHS

 

PARAGRAPH

 

 

 

   1.   Citation

 

   2.   Establishment of Fund

 

   3.   Purpose of Fund

 

   4.   Administration of Fund

 

   5.   Payments into Fund

 

   6.   Disbursements from Fund

 

   7.   Accounts of Fund

 

 

S.I. 57, 2004.

 

1.   Citation

   This Order may be cited as the Tertiary Education Development Fund Order.

 

2.   Establishment of Fund

   A special Fund to be known as the Tertiary Education Development Fund (hereinafter referred to as "the Fund") is hereby established.

 

3.   Purpose of Fund

   The purpose of the Fund is to meet the costs of-

 

   (a)   the construction of a second University in Botswana;

 

   (b)   the construction of a medical school and its associated facilities in Botswana; and

 

   (c)   the expansion of the University of Botswana;

 

4.   Administration of Fund

   (1) The Permanent Secretary to the Ministry of Education (hereinafter referred to as "the Accounting Officer") shall be the public officer responsible for the administration of the Fund.

   (2) The Accounting Officer may exercise such powers and perform such duties as may be required to be exercised or performed for the proper discharge of his duties.

   (3) The Accounting Officer may, in writing, authorise any other public officer to exercise or perform all or any of the powers or duties required of the Accounting Officer.

 

5.   Payments into Fund

   There shall be paid into the Fund such monies as the Minister may determine out of funds received in respect of bonds issued under the Stock, Bonds and Treasury Bills Act, and such other monies as may be donated or contributed into the Fund.

 

6.   Disbursements from Fund

   There shall be paid from the Fund, money required for the carrying out of any activity which seeks to advance the objects of the Fund.

 

7.   Accounts of Fund

   (1) The Accounting Officer shall cause-

 

   (a)   the keeping and maintenance of proper accounts and records of the Fund;

 

   (b)   the preparation for each financial year, of a balance sheet and statement of income and expenditure in such form and manner as the Accountant-General may approve;

 

   (c)   the maintenance of an account in which shall be recorded all receipts into the Fund, and the reconciliation of the monthly accounts of the Fund.

   (2) At the time of submission of the balance sheet and statement of income and expenditure, the Accounting Officer shall also submit to the Minister, proposals for dealing with any surplus in the Fund.

TROPICAL FOREST CONSERVATION FUND ORDER

 

(section 25*)

 

(5th February, 2007)

 

ARRANGEMENT OF PARAGRAPHS

 

PARAGRAPH

 

 

 

   1.   Citation

 

   2.   Interpretation

 

   3.   Establishment of Fund

 

   4.   Purpose of Fund

 

   5.   Administration of Fund

 

   6.   Tropical Forest Conservation Board

 

   7.   Receipts into Fund

 

   8.   Investment of monies of Fund

 

   9.   Disbursements from Fund

 

   10.   Guidelines for awarding grants

 

   11.   Accounts of Fund

 

   12.   Annual report

 

 

S.I. 3, 2007

 

1.   Citation

   This Order may be cited as the Tropical Forest Conservation Fund Order.

 

2.   Interpretation

   In this Order, unless the context otherwise requires-

   "Accounting Officer" means the Permanent Secretary in the Ministry of Environment, Wildlife and Tourism appointed as such under paragraph 5 of this Order;

   "Board" means the Tropical Forest Conservation Board established by the Minister responsible for environment, wildlife and tourism as provided under paragraph 6;

   "Debt Reduction Agreement" means the Agreement entered into by the Government of Botswana and the Government of the United States of America on 5th of October, 2006, which substitutes and replaces the rights and obligations arising under the Loan and Grant Agreements between the Government of Botswana and the Government of the United States of America, acting through USAID, dated 30 June, 1971, 31 August, 1972 and 12 June, 1973 respectively.

   "Fund" means the Tropical Forest Conservation Fund established by paragraph 3 of this Order;

   "Parties" means the parties to the Tropical Forest Conservation Agreement and the Debt Reduction Agreement;

   "Tropical Forest Conservation Agreement " means the Agreement entered into by the Government of Botswana and the Government of the United States of America on 5th of October 2006, concerning the establishment of a Tropical Forest Conservation Fund and a Tropical Forest Conservation Board.

 

3.   Establishment of Fund

   There is hereby established a special fund to be known as the Tropical Forest Conservation Fund.

 

4.   Purpose of Fund

   (1) The purpose of the Fund is to promote activities designed to conserve, maintain and restore the forests of Botswana in accordance with the terms of the Tropical Forest Conservation Agreement, the Forest Act and the National Forest Policy.

   (2) Without prejudice to the generality of subparagraph (1), the Fund may provide for the-

 

   (a)   establishment, restoration, protection and maintenance of parks, protected areas and reserves;

 

   (b)   development and implementation of scientifically sound systems of natural resource management;

 

   (c)   training programmes to increase scientific, technical and managerial capacities of individuals and organizations involved in forest conservation efforts;

 

   (d)   restoration, protection or sustainable use of diverse animal and plant species;

 

   (e)   research and identification of medicinal uses of forest plant life to treat human diseases, illnesses and health related concerns; and

 

   (f)   development and support of the livelihoods of individuals living in or near forests in a manner consistent with protecting such forests.

 

5.   Administration of Fund

   (1) The Permanent Secretary in the Ministry of Environment, Wildlife and Tourism is hereby appointed the Accounting Officer and he or she shall be the public officer responsible for the administration of the Fund in accordance with the provisions of this Order and the terms of the Tropical Forest Conservation Agreement.

   (2) The Accounting Officer shall oversee payments into the Fund and disbursements out of the Fund, and shall act in respect to all matters concerning the Fund in accordance with the directives of the Board.

   (3) The Accounting Officer shall cause the-

 

   (a)   keeping and maintenance of proper accounts and records of the Fund; and

 

   (b)   maintenance of an account in which shall be recorded all receipts into the Fund, all disbursements from the Fund, and the reconciliation of the monthly accounts of the Fund.

   (4) The accounting officer may exercise all such power and perform all such duties as may be required to be exercised or performed for the proper discharge of his or her functions.

   (5) The responsible officer may in writing authorize any other public officer to exercise or perform all or any of the powers or duties required of the responsible officers.

 

6.   Tropical Forest Conservation Board

   The Minister responsible for environment, wildlife and tourism shall establish, in accordance with the terms of the Tropical Forest Conservation Agreement, the Tropical Forest Conservation Board to undertake the day to day activities of the Fund.

 

7.   Receipts into Fund

   There shall be paid into the Fund-

 

   (a)   monies appropriated by Parliament for purposes of the Fund;

 

   (b)   deposits made pursuant to Article II, paragraph 3 of the Debt Reduction Agreement;

 

   (c)   grants and contributions from other sources; and

 

   (d)   proceeds of investment made pursuant to paragraph 8.

 

8.   Investment of monies of Fund

   (1) The Board shall invest the monies of the Fund not immediately required for payments from the Fund on such terms as shall-

 

   (a)   contribute to the achievements of the objectives of the Fund; and

 

   (b)   ensure that such investment yields a positive real rate of return within acceptable limits of risk in accordance with sound investment practices.

   (2) For purposes of obtaining high yields of investment, the parties may require the Board to convert all or part of the monies of the Fund into one or more hard currencies for a stated period.

   (3) Any interest earned from the investment of the monies of the Fund shall accrue to the Fund.

 

9.   Disbursements from Fund

   (1) The Board shall be responsible for the administration and management of the Fund and for directing the Accounting Officer with respect to the Fund.

   (2) The Board shall award grants from the Fund to finance approved projects for any of the activities set out under paragraph 4 and in accordance with the guidelines set out in paragraph 10.

   (3) The Board shall maintain and make available for public inspection a record of-

 

   (a)   each resolution of the Board to award a grant; and

 

   (b)   the justification for the resolution to award the grant.

   (4) The Board shall cause to be paid out of the monies of the Fund administrative costs, not exceeding the annual amount agreed upon by the Parties, relating to the-

 

   (a)   administrative management of the Board;

 

   (b)   financial auditing of the accounts of the Board; and

 

   (c)   remuneration of Board members representing the Non-Governmental Organizations.

 

10.   Guidelines for awarding grants

   (1) The Board shall develop guidelines for the awarding of grants that shall provide, inter alia, for-

 

   (a)   the public announcement of each grant awarded; and

 

   (b)   developing, after consultation with the Accounting Officer, a Grant Agreement with respect to each grant recipient, which shall, inter alia, provide for -

 

      (i)   the receipt and use of the grant awarded;

 

      (ii)   a schedule for grant process;

 

      (iii)   the auditing and reporting requirements for the grant and any project financed by the grant;

 

      (iv)   representations and warranties;

 

      (v)   the procedures to monitor performance for awarded grants;

 

      (vi)   the intellectual property rights applicable; and

 

      (vii)   the procedures to be followed for the return of an unused grant or the recovery of a misused grant.

   (2) The Board shall establish guidelines for making readily available to the public information on-

 

   (a)   the selection criteria for awarding grants, which selection criteria shall include-

 

      (i)   criteria for evaluating an application; and

 

      (ii)   requirements for the approval of an application;

 

   (b)   the board's written policies;

 

   (c)   its operating procedures; and

 

   (d)   the summaries of the Board's proceedings.

 

11.   Accounts of Fund

   (1) The Board shall cause to be conducted an annual financial audit of the accounts of the Fund in accordance with the generally accepted international accounting standards.

   (2) No later than six months after the close of each financial year the accounts and balance sheet with respect to that year shall be audited by an independent auditor appointed by the Board.

   (3) As soon as the accounts and balance sheet have been audited, and in any case not later than six months after the audit, the Board shall submit to each of the Parties a copy of each audited account together with the auditor's report.

 

12.   Annual report

   The Board shall, within six months after the end of the financial year, submit to the Parties a report on the conduct of the business of the Board.

PRODUCTIVE EMPLOYMENT DEVELOPMENT FUND ORDER

 

(under section 25*)

 

(26th March, 1982)

 

ARRANGEMENT OF PARAGRAPHS

 

   PARAGRAPH

 

 

 

   1.   Citation

 

   2.   Interpretation

 

   3.   Establishment of Fund

 

   4.   Purpose of Fund

 

   5.   Revenue of Fund

 

   6.   Administration of Fund

 

   7.   Investment of Fund moneys

 

   8.   Deposit of Fund moneys

 

   9.   Realization of investments of Fund moneys

 

   10.   Disbursements from Fund

 

   11.   Report to National Assembly

 

 

S.I. 29, 1982.

 

1.   Citation

   This Order may be cited as the Productive Employment Development Fund Order.

 

2.   Interpretation

   In this Order-

   "Fund" means the Productive Employment Development Fund established under paragraph 3;

   "National Development Plan" means the National Development Plan for the time being approved by the National Assembly.

 

3.   Establishment of Fund

   There is hereby established a Special Fund to be known as the Productive Employment Development Fund.

 

4.   Purpose of Fund

   The purpose of the Fund is to provide or make available to individuals and to companies and other organizations, in such manner as the Minister may from time to time approve for the purpose of this paragraph, financial assistance so as to promote the establishment and development of new and the further development of existing productive activities that increase employment and contribute to the achievement of the objectives of the National Development Plan.

 

5.   Revenue of Fund

   There shall be paid into the Fund such moneys as may from time to time-

 

   (a)   be appropriated by Parliament for that purpose;

 

   (b)   accrue or be realized from any investment or deposit made in terms of paragraph 7 or 8;

 

   (c)   be recovered by the Government in terms of any agreement in accordance with which moneys from the Fund have been provided or made available; or

 

   (d)   be received from other sources as contributions to the Fund.

 

6.   Administration of Fund

   The Permanent Secretary of the Ministry responsible for finance (hereinafter referred to as "the accounting officer") shall be responsible for the administration of the Fund.

 

7.   Investment of Fund moneys

   The accounting officer shall, as far as is reasonably practicable, invest all moneys of the Fund not immediately required for payment from the Fund in terms of paragraph 10 in such investments and on such terms as-

 

   (a)   shall, in his opinion, contribute to the achievement of the objectives of the National Development Plan; or

 

   (b)   the Minister may from time to time direct.

 

8.   Deposit of Fund moneys

   The accounting officer may from time to time deposit or renew the deposit of moneys of the Fund not immediately required for payment from the Fund in terms of paragraph 10, and not invested in accordance with paragraph 7, with such financial institutions as the Minister may from time to time approve for the purposes of this paragraph.

 

9.   Realization of investments of Fund moneys

   Subject to any directions which may be given him by the Minister, the accounting officer may from time to time realize any investment of moneys of the Fund.

 

10.   Disbursements from Fund

   (1) The accounting officer may pay from the Fund such moneys as may, in his opinion, be justifiably expended for the purpose of the Fund prescribed by paragraph 4 or to meet any incidental expenses which may be incurred in order to implement that purpose.

   (2) The Minister may, by writing addressed to the accounting officer, from time to time furnish the accounting officer with guide-lines as to the circumstances in which moneys of the Fund may be justifiably expended in terms of this paragraph.

   (3) Where the accounting officer is furnished with guide-lines by the Minister under this paragraph, he shall, notwithstanding subparagraph (1), follow those guide-lines.

 

11.   Report to National Assembly

   The Minister shall, at least once in every period of 12 months, lay before the National Assembly a general report on the operation of the Fund.

BOTSWANA RAILWAYS FUND ORDER

 

(under section 25*)

 

(1st April, 1987)

 

ARRANGEMENT OF PARAGRAPHS

 

   PARAGRAPH

 

 

 

   1.   Citation

 

   2.   Interpretation

 

   3.   Establishment of Fund

 

   4.   Purpose of Fund

 

   5.   Administration of Fund

 

   6.   Estimates

 

   7.   Receipts into the Fund

 

   8.   Disbursements from the Fund

 

   9.   Accounts of the Fund

 

 

S.I. 40, 1987.

 

1.   Citation

   This Order may be cited as the Botswana Railways Fund Order.

 

2.   Interpretation

   In this Order unless the context otherwise requires-

   "Consolidated Fund" means the Consolidated Fund established by section 117 of the Constitution;

   "Development Fund" means the Development Fund referred to in section 23(1) of the Act.

   "Fund" means the Botswana Railways Special Fund established under paragraph 3 of this Order;

   "Organization" means the Botswana Railways Organization established under section 3 of the Botswana Railways Act.

 

3.   Establishment of Fund

   A Special Fund to be known as the Botswana Railways Special Fund is hereby established.

 

4.   Purpose of Fund

   The purpose of the Fund is to provide for the operations of the Organization.

 

5.   Administration of Fund

   The Permanent Secretary of the Ministry of Works, Transport and Communications (hereinafter referred to as "the responsible officer") shall be the public officer responsible for administration of the Fund.

 

6.   Estimates

   The responsible officer shall have annual estimates prepared for the operation of the Organization and shall submit them to the Minister responsible for finance prior to the 20th day of November in each year for his approval.

 

7.   Receipts into the Fund

   There shall be paid into the Fund-

 

   (a)   all revenues arising from the operations of the Organization;

 

   (b)   any advance, loan or grant from the Consolidated Fund or the Development Fund under sections 19(1)(b) or 19(1)(c) of the Act;

 

   (c)   any proceeds from investments of any other revenue that may accrue to the Organization in the course of its operations.

 

8.   Disbursements from the Fund

   There shall be paid out of the Fund all expenditure incurred by the Organization in conducting its business.

 

9.   Accounts of the Fund

   The Organization shall keep proper accounts and other records in relation thereto, and shall prepare in respect of each financial year a statement of accounts showing in detail the assets and liabilities (real and contingent) and income and expenditure of the Department in a form which shall conform with the best commercial accounting standards applicable to the provision of services.

AGRICULTURAL CREDIT GUARANTEE SCHEME FUND ORDER

 

(under section 25*)

 

(3rd July, 1987)

 

ARRANGEMENT OF PARAGRAPHS

 

   PARAGRAPH

 

 

 

   1.   Citation

 

   2.   Establishment of Fund

 

   3.   Purpose of Fund

 

   4.   Moneys of Fund

 

   5.   Administration of Fund

 

   6.   Statement of Income and Expenditure of Fund

 

   7.   Minister to report to National Assembly

 

 

S.I. 74, 1987.

 

1.   Citation

   This Order may be cited as the Agricultural Credit Guarantee Scheme Fund Order.

 

2.   Establishment of Fund

   There is hereby established a Special Fund to be known as the Agricultural Credit Guarantee Scheme Fund (hereinafter referred to as "the Fund").

 

3.   Purpose of Fund

   The purpose of the Fund is to provide financial assistance to small and medium scale farmers of arable rainfed farms in any part of the country that has been declared by the Government to be an area stricken by drought, by guaranteeing, for a fee to be paid by both parties, all or part of the seasonal agricultural input loans obtained by the said farmers from a bank.

 

4.   Moneys of Fund

   There shall be paid into the Fund such moneys as may from time to time be-

 

   (a)   appropriated by Parliament for that purpose;

 

   (b)   levied as a fee on both the borrower and the lending bank against the guarantee given by the Fund; and

 

   (c)   received from other sources as contributions to the Fund.

 

5.   Administration of Fund

   (1) The Permanent Secretary of the Ministry responsible for finance (hereinafter referred to as "the responsible officer") shall be the public officer responsible for the administration of the Fund.

   (2)The responsible officer may exercise all such power and perform all such duties as may be required to be exercised or performed for the proper discharge of his functions.

   (3)The responsible officer may in writing authorize any other public officer to exercise or perform all or any of the powers or duties required of the responsible officer.

 

6.   Statement of Income and Expenditure of Fund

   The Accountant-General shall, not later than the 30th day of November of each year, prepare an income and expenditure statement and a balance sheet for each year of the affairs of the Fund to be included in the annual statement of accounts of the Government.

 

7.   Minister to report to National Assembly

   The Minister shall, at least once in every period of 12 months, lay before the National Assembly a general report of the operation of the Fund.

GUARANTEED LOANS INSURANCE FUND ORDER

 

(under section 25*)

 

(1st April, 1988)

 

ARRANGEMENT OF PARAGRAPHS

 

   PARAGRAPH

 

 

 

   1.   Citation

 

   2.   Establishment of Fund

 

   3.   Purpose of Fund

 

   4.   Administration of Fund

 

   5.   Receipts into the Fund

 

   6.   Disbursements from the Fund

 

   7.   Accounts of the Fund

 

 

S.I. 43, 1988.

 

1.   Citation

   This Order may be cited as the Guaranteed Loans Insurance Fund Order.

 

2.   Establishment of Fund

   A special Fund to be known as the Guaranteed Loans Insurance Fund (hereinafter referred to as the Fund) is hereby established.

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