PUBLIC FINANCE MANAGEMENT: SUBSIDIARY LEGISLATION

"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 subsidiaries or to the Botswana Co-operative Bank Limited; securities issued by international organisations 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 utilised 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 realised 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 authorised 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. Realisation of investments

The accounting officer may, in accordance with the directions of the Minister, realise 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 STABILISATION 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. Realisation 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 Stabilisation 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 Stabilisation 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

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

(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 authorised 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. Realisation of investments

The accounting officer may, in accordance with the directions of the Minister, realise 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 EQUALISATION) 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 Equalisation) 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 Equalisation) 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 Equalisation) Special Fund.

4. Purpose of Fund

The purpose of the Fund is to provide for the equalisation 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 (Cap. 36:03 (Sub. Leg.)).

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.

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 (Cap. 72:01) and the Botswana Savings Bank Act (Cap. 56:03), 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;

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).

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

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.

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;

"Organisation" means the Botswana Railways Organisation established under section 3 of the Botswana Railways Act (Cap. 70:01).

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 Organisation.

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 Organisation 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 Organisation;

(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 Organisation in the course of its operations.

8. Disbursements from the Fund

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

9. Accounts of the Fund

The Organisation 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.

CENTRE FOR ACCOUNTING STUDIES SPECIAL FUND (REVOCATION) ORDER

(under section 25*)

(1st August, 1997)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Transfer of assets and liabilities of Fund

S.I. 71, 1997.

1. Citation

This Order may be cited as the Centre for Accounting Studies Special Fund (Revocation) Order.

2. Transfer of assets and liabilities of Fund

The assets and liabilities of the Centre for Accounting Studies Special Fund Order are hereby transferred and shall vest in the Botswana Accountancy College, a company limited by guarantee with Registration No. Co. 96/328 with effect from 1st July, 1996.

*Originally made under the Finance and Audit Act now repealed, these regulations have been continued under s 59 (7) of the Public Finance Management Act 2013.

SIM'S BURSARY TRUST FUND ORDER

(under section 25*)

(23rd August, 1991)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Establishment of Fund

3. Purpose of Fund

4. Administration of Fund

5. Revenues of Fund

6. Investment of Fund moneys

7. Disbursements from Fund

S.I. 97, 1991.

1. Citation

This Order may be cited as the Sim's Bursary Trust Fund Order.

2. Establishment of Fund

There is hereby established a Special Fund to be known as The Sim's Bursary Trust Fund (hereinafter referred to as "the Fund").

3. Purpose of Fund

The purpose of the Fund is to finance the training of deserving citizens of Botswana in the professions.

4. Administration of Fund

The Minister of Education shall be responsible for the administration of the Fund in accordance with the terms of the last will and testament of George William Sim, but may, in writing, authorise any public officer (hereinafter referred to as "the responsible officer") to exercise any of the powers or perform any of the duties imposed on him by virtue of the terms of the will and this Act.

5. Revenues of Fund

The revenues of the Fund shall comprise all sums realised from the estate of the late George William Sim for the benefit of the said Fund, and any moneys realised from investments in accordance with paragraph 6.

6. Investment of fund Moneys

The Minister or the responsible officer shall, as far as is reasonably practicable, invest all moneys of the Fund not immediately required for payments from the Fund in accordance with paragraph 7, in such investments and on such terms as shall, in his opinion, contribute to the achievement of the objectives of the Fund, and any interest earned from such investments shall accrue to the Fund.

7. Disbursements from Fund

The Minister or the responsible officer shall, each year, utilise interest from the Fund, or such of it as may be required, in the payment of a bursary to a deserving Botswana citizen, or to deserving Botswana citizens, chosen at the discretion of the Minister, for the purpose of meeting his, or their, expenses in training for one of the professions.

DEBT PARTICIPATION CAPITAL FUND LIMITED ORDER

(section 25*)

(6th July, 2012)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Establishment of Fund

4. Purpose of Fund

5. Administration of Fund

6. Payment into Fund

7. Investment of Fund moneys

8. Disbursements from Fund

9. Surplus in Fund

10. Accounts of Fund

S.I. 59, 2012.

1. Citation

This Order may be cited as the Debt Participation Capital Fund Limited Order.

2. Interpretation

In this Order, unless the context otherwise requires—

"accounting officer" means the Permanent Secretary in the Ministry of Finance and Development Planning; and

"Fund" means the Debt Participation Capital Fund Limited established under paragraph 3.

3. Establishment of Fund

There is hereby established a special fund to be known as the Debt Participation Capital Fund Limited Order.

4. Purpose of Fund

The purpose of the Fund is to service loans which have been—

(a) prepaid by parastatals; and

(b) converted into equity by Government.

5. Administration of Fund

(1) The Permanent Secretary in the Ministry of Finance and Development Planning is hereby appointed the accounting officer and he shall be the public officer responsible for the administration of the Fund in accordance with the provisions of this Order.

(2) The accounting officer may exercise all powers and perform all such duties as may be required to be exercised or performed for the proper discharge of his functions under this Order.

(3) The accounting officer may, in writing, authorise any other public officer or any agency of Government to exercise or perform all or any of the duties required of the accounting officer.

(4) Without derogating from the generality of the functions and powers of the accounting officer as provided in this paragraph, the accounting officer shall cause the Development and Budget Division in the Ministry of Finance and Development Planning to—

(a) be responsible for the day-to-day administration and management of the Fund; and

(b) keep and maintain proper books of accounts and records of the Fund.

6. Payment into Fund

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

(a) accrued or realised from proceeds received from prepaid loans sold to the Debt Participation Capital Fund Limited; and

(b) appropriated by the National Assembly for purposes of the Fund.

7. Investment of Fund moneys

Any money accruing to the Fund which is not required for immediate use shall, as far as is reasonably practicable, be invested.

8. Disbursements from Fund

There shall be paid from the Fund—

(a) administration costs relating to the—

(i) management of the Fund, and

(ii) financial auditing of the accounts of the Fund;

(b) semi-annual principal and interest of the prepaid loans; and

9. Surplus in Fund

If the Fund shows any surplus at the end of the financial year, and all the outstanding loans have been fully paid, the surplus shall be paid into the Consolidated Fund.

10. Accounts of Fund

(1) The accounting officer shall—

(a) keep and maintain proper accounts and records of the Fund;

(b) prepare in respect of each financial year, a balance sheet and statement of income and expenditure in the form and manner approved by the Accountant-General; and

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

(2) The balance sheet and statement of income and expenditure of the Fund shall be prepared by the Accountant-General in the annual statement of the Fund to be transmitted to the Auditor General for auditing in accordance with the Act.

NATIONAL DISASTER RELIEF FUND ORDER

(section 25*)

(8th March, 1996)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Establishment of Fund

3. Purpose of the Fund

4. Administration of Fund

5. Payments into Fund

6. Disbursements from Fund

7. Management of Fund

8. Accounts of the Fund

S.I. 20, 1996.

1. Citation

This Order may be cited as the National Disaster Relief Fund Order.

2. Establishment of Fund

A special fund to be known as the National Disaster Relief Fund (hereinafter referred to as "the Fund") is hereby established.

3. Purpose of the Fund

The purpose of the Fund is to provide financial assistance to natural disaster victims.

4. Administration of Fund

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

5. Payments into Fund

There shall be paid into the Fund—

(a) such moneys as may be appropriated by Parliament;

(b) donations from persons and organisations; and

6. Disbursements from Fund

There shall be paid from the Fund—

(a) the cost of reconstruction and repair to victims' shelter;

(b) the cost of rehabilitation of transport infrastructure;

7. Management of Fund

The Fund shall be managed by the National Committee on Disaster Preparedness.

8. Accounts of the Fund

(1) The Accounting Officer shall—

(a) keep and maintain proper accounts and records in respect of the Fund;

(b) 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;

(c) at the time of submission of the balance sheet and statement of income and expenditure, submit to the Minister proposals for dealing with any surplus in the Fund;

(d) maintain an account in which shall be recorded all receipts into the Fund and all disbursements from the Fund; such accounts shall be reconciled monthly with the account maintained by the Accountant-General.

(2) 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.

FINANCE (TOURISM INDUSTRY TRAINING FUND) ORDER

(section 25*)

(27th December, 1996)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Establishment of Fund

4. Purpose of Fund

5. Administration of Fund

5A. Payment into the Fund

6. Investment of moneys

7. Disbursements from Fund

8. Accounts of Fund

S.I. 99, 1996,
S.I. 11, 2006,
S.I. 83, 2012.

1. Citation

This Order may be cited as the Finance (Tourism Industry Training Fund) Order.

2. Interpretation

In this Order, unless the context otherwise requires—

"Accounting Officer" means the Permanent Secretary appointed as such under paragraph 5 of this Order;

"Fund" means the Tourism Training Fund established by paragraph 3 of this Order.

"Minister" means the Minister responsible for Environment, Wildlife and Tourism.

3. Establishment of Fund

There is hereby established a special fund to be known as the Tourism Industry Training Fund.

4. Purpose of Fund

The purpose of the Fund is to—

(a) finance the skills training programmes for employees, at basic, intermediate and advanced levels in the key areas of—

(i) the tourism sector,

(ii) the hospitality industry; and

(iii) entities, departments and organisations that provide complimentary and facilitative support to the tourism industry; and

(b) pay allowances for the youths and interns attached to the tourism and hospitality sector.

5. Administration of Fund

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

(2) The Minister may appoint a Management Committee which shall determine the training strategy and subject to the special or general direction of the Accounting Officer, manage the Fund.

(3) The Minister may appoint an independent auditor to undertake audits of the Fund on such conditions as he shall in writing require.

(4) The Accounting Officer may, with the written approval of the Minister, appoint an accounting firm or an associate of a firm to undertake the day-to-day accounting activities of the Fund.

5A. Payment into the Fund

There shall be paid into the Fund—

(a) monies collected from levies by the Tourism Industry for and on behalf of Government from their paying guests; and

(b) income from the investment of moneys of the Fund.

6. Investment of moneys

The Management Committee shall invest the moneys of the Fund not immediately required for payments from the Fund on such terms as shall contribute to the achievement of the objectives of the Fund and interest earned from such investment shall accrue to the Fund.

7. Disbursements from Fund

There shall be paid from the Fund all expenses incurred in the performance of duties connected with the administration and the management of skills training programmes.

8. Accounts of Fund

(1) The Accounting Officer shall—

(a) keep and maintain proper accounts and records of the Fund;

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

(c) maintain an account in which shall be recorded all receipts into the Fund and all disbursements from the Fund and reconcile monthly the accounts of the Fund.

(2) The balance sheet and the statement of income and expenditure shall be prepared by the Accountant-General in the annual statement of the Fund to be transmitted to the Auditor General in accordance with the Act.

MPULE KWELAGOBE HIV/AIDS TRUST FUND ORDER

(under section 25*)

(25th February, 2000)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Establishment of Trust Fund

4. Purpose of Trust Fund

5. Administration of Fund

6. Board of Trustees

7. Proceedings of Board

8. Remuneration

9. Duties of the Board

10. Payments into Fund

11. Investment of Fund monies not required for use

12. Disbursements from Fund

13. Guidelines for disbursements from Fund

14. Accounts of Fund

S.I. 18, 2000.

1. Citation

This Order may be cited as the Mpule Kwelagobe HIV/AIDS Trust Fund Order.

2. Interpretation

In this Order, unless the context otherwise requires—

"Board" means the Board of Trustees of the Mpule Kwelagobe HIV/AIDS Trust Fund;

"Fund" means the Mpule Kwelagobe HIV/AIDS Trust Fund as established by paragraph 3 of this Order; and

"member" means a member of the Board.

3. Establishment of Trust Fund

There is hereby established a special fund to be known as the Mpule Kwelagobe HIV/AIDS Trust Fund.

4. Purpose of Trust Fund

(1) The purpose of the Fund shall be to collect, receive, and hold all monies becoming available to it as a result of any appeal for funds, or monies otherwise donated, granted, bequeathed, inherited or in any other manner made available and which the Board may at its discretion accept and use for purposes of HIV/AIDS related projects.

(2) Without prejudice to the generality of subparagraph (1), the Fund may—

(a) keep readily available funds for the immediate use in HIV/AIDS related projects;

(b) fund activities related to combatting HIV/AIDS, including, but not limited to, awareness campaigns, home based care, or hospice care;

(c) work with members of the community, including non governmental organisations and community-based organisations in matters related to HIV/AIDS; and

(d) co-operate with and assist any other body or person whether associated with the Fund or not in relation to any other matter intended to advance any of the purposes of the Fund.

5. Administration of Fund

The Permanent Secretary to the Ministry of Health shall be the public officer responsible for the administration of the Fund.

6. Board of Trustees

(1) The Minister of Health shall appoint a Board of Trustees for the Fund, which shall, subject to the Minister's approval, undertake the day-to-day activities of the Fund.

(2) The Board of Trustees shall consist of seven members being representatives of the following—

(a) the Ministry of Health;

(b) the Ministry of Finance and Development Planning;

(d) the Ministry of Labour and Home Affairs;

(e) the Attorney-General's Chambers;

(f) the Debswana Diamond Company (Proprietary) Limited Botswana.

7. Proceedings of Board

(1) Subject to the provisions of this Order, the Board shall regulate its own procedure.

(2) The quorum at any meeting of the Board shall be three members.

(3) A decision of the Board on any question shall be by the majority of the members present and voting, and, in the event of an equality of votes, the person presiding shall have a casting vote in addition to that person's vote.

8. Remuneration

No remuneration shall be payable to members of the Board, who shall give their services gratuitously, save that the actual costs of administration, including out of pocket expenses incurred during the course of carrying out their duties in accordance with this Order, shall be met by the Fund.

9. Duties of the Board

The Board of Trustees shall accept donations and bequests from donors and other persons made in favour of the Fund and administer the same, subject to such conditions as may be imposed by the donor or other such persons, provided that such conditions are not inconsistent with the aims and objectives of this Fund.

10. Payments into Fund

There shall be paid into the Fund—

(a) all monies received from donors;

(b) all monies generated for the Fund through fund-raising activities; and

11. Investment of Fund monies not required for use

The Board shall invest the monies of the Fund not immediately required for payment from the Fund on such terms and conditions as shall be consistent with the objectives of this Fund.

12. Disbursements from Fund

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

Provided that such disbursements qualify as reasonable expenses incurred in the performance of duties consistent with the objects of the Fund.

13. Guidelines for disbursements from Fund

The Board, with the approval of the Permanent Secretary to the Ministry of Health, shall develop guidelines for the payment of monies from the Fund.

14. Accounts of Fund

(1) The Board shall cause the—

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

(b) preparation for each financial year of a balance sheet and (2) The balance sheet and statement of income and expenditure in such form and manner as the Accountant-General may approve;

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

(2) The balance sheet and statement of income and expenditure shall be prepared by the Accountant-General in the annual statement of the Fund transmitted to the Auditor General in accordance with the Act.

CREDIT GUARANTEE SCHEME FUND ORDER

(under section 25*)

(15th September, 2000)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Establishment of Fund

4. Purpose of Fund

5. Administration of Fund

6. Payments into Fund

7. Investment of Fund moneys

8. Disbursements from Fund

9. Guidelines for disbursements from Fund

10. Accounts of Fund

S.I. 58, 2000.

1. Citation

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

2. Interpretation

In this Order, unless the context otherwise requires—

"Accounting Officer" means the Permanent Secretary in the Ministry of Finance and Development Planning appointed as such under paragraph 5 of this Order;

"business" means any establishment whose main objective is the generation of a monetary profit and includes retail, commercial development, manufacturing and agricultural projects;

"Fund" means the Credit Guarantee Scheme Fund established under paragraph 3 of this Order;

"guarantee" means financial cover provided in case of the occurrence of failure to pay back a bank loan by any person granted such bank loan under this scheme; and

"small and medium enterprises" means any business with an annual income ranging from P40 000 to P250 000; and

"Minister" means the Minister responsible for finance.

3. Establishment of Fund

There is hereby established a special fund to be known as the Credit Guarantee Scheme Fund.

4. Purpose of Fund

(1) The purpose of the Fund is to foster, by means of providing a guarantee for losses of bank loans granted to Botswana owned businesses, the development of a self-sustaining small and medium enterprises sector in Botswana.

(2) Without prejudice to the generality of subparagraph (1), the Fund may provide for the setting up of any institutional support programmes that may be necessary in the carrying out of its objectives.

5. Administration of Fund

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

(2) The Minister shall appoint the Botswana Export Credit and Insurance Company to undertake the day-to-day activities of the Fund.

6. Payments into Fund

There shall be paid into the Fund—

(a) P20 000 000 (twenty million Pula) by the Ministry of Finance and Development Planning;

(b) such other moneys as may be received from Government;

(c) income derived from the payment of interest, premiums, and any such fees as may be charged to persons whose bank loans are covered by this Fund; and

(d) income from the investment of moneys of the Fund.

7. Investment of Fund moneys

The Botswana Export Credit and Insurance Company shall invest the moneys of the Fund not immediately required for payments from the Fund on such terms as shall contribute to the achievement of the objectives of the Fund, and interest earned from such investment shall accrue to the Fund.

8. Disbursements from Fund

There shall be paid from the Fund—

(a) any amount of money required for the carrying out of any activity, which seeks to advance the objects of the Fund:

Provided that such disbursements qualify as reasonable expenses incurred in the performance of duties consistent with the objects of the Fund; and

(b) any amount which has been guaranteed under this Fund and in accordance with this Order.

9. Guidelines for disbursements from Fund

The Botswana Export Credit and Insurance Company shall develop guidelines for the payment of moneys from the Fund.

10. Accounts of Fund

(1) The Accounting Officer shall cause the—

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

(b) 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; and

(c) 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.

ROAD LEVY COLLECTIONS FUND ORDER

(under section 25*)

(6th July, 2001)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Establishment of Road Levy Collections Fund

4. Purpose of Fund

5. Administration of Fund

6. Payments into Fund

7. Investment of Fund monies

8. Disbursements from Fund

8A. Surplus in Fund

9. Accounts of Fund

S.I. 31, 2001,
S.I. 95, 2010.

1. Citation

This Order may be cited as the Road Levy Collections Fund Order.

2. Interpretation

In this Order, unless the context otherwise requires—

"Accounting Officer" means the Permanent Secretary to the Ministry of Works Transport and Communications;

"Fund" means the Road Levy Collections Fund established under paragraph 3.

3. Establishment of Road Levy Collections Fund

There is hereby established a special fund to be known as the Road Levy Collections Fund.

4. Purpose of Fund

The purpose of the Fund is to hold all revenue collected from the road fund levy collections so as to utilise the monies of the Fund to finance the maintenance of roads.

5. Administration of Fund

(1) The Permanent Secretary to the Ministry of Works Transport and Communications shall be the public officer responsible for the administration of the Fund.

(2) The Accounting Officer may exercise such power 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.

6. Payments into Fund

There shall be paid into the Fund—

(a) all monies received from road levy charges; and

(b) income from the investment of the moneys of the Fund.

7. Investment of Fund monies

(1) The Accounting Officer shall invest the monies of the Fund not immediately required for payments from the Fund, on such terms as shall contribute to the achievement of the objectives of the Fund.

(2) Interest earned from an investment made in accordance with subparagraph (1) shall accrue to the Fund.

8. 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:

Provided that such disbursement qualifies as reasonable expenses incurred in the performance of duties consistent with the objects of the Fund.

8A. Surplus in Fund

The surplus remaining in the Fund, after the deduction of payments referred to in paragraph 8, shall be paid into the Consolidated Fund.

9. Accounts of Fund

The Accounting Officer shall cause the—

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

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

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

NATIONAL ENVIRONMENTAL FUND ORDER

(section 25*)

(6th April, 2010)

ARRANGEMENT OF PARAGRAPH

PARAGRAPH

1. Citation

2. Interpretation

3. Establishment of Fund

4. Purpose of Fund

5. Administration of Fund

6. National Environmental Fund Board

7. Receipts into Fund

8. Disbursements from Fund

9. Surplus in Fund

10. Investment of money

11. Accounts of Fund

S.I. 70, 2010,
S.I. 11, 2018.

1. Citation

This Order may be cited as the National Environmental Fund Order.

2. Interpretation

In this Order, unless the context otherwise requires—

"Accounting Officer" means the Permanent ecretary in the Ministry of Environment, Wildlife and Tourism;

"Board" means the National Environmental Fund Board appointed under paragraph 6;

"Fund" means the National Environmental Fund established under paragraph 3;

"Minister" means Minister responsible for Environment, Wildlife and Tourism.

3. Establishment of Fund

There is hereby established a special fund to be known as the National Environmental Fund.

4. Purpose of Fund

(1) The purpose of the Fund is to finance and promote activities designed to conserve, protect and manage Botswana environment.

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

(a) Sustainable—

(i) development,

(ii) use of natural resources, and

(iii) activities related thereto;

(b) development and implementation of community based natural resource management activities;

(d) rehabilitation of degraded ecosystems;

(e) promote activities related to—

(i) protection of the urban environment,

(ii) climate change mitigation and adaptation,

(iii) waste management and pollution control,

(iv) environmental awareness and education, and

(v) environmental research and monitoring;

(f) capacity building and training programmes in environmental management and sustainable development; and

(g) compensation for damage caused by wildlife.

5. Administration of Fund

(1) The permanent secretary in the Ministry responsible for 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.

(2) The Accounting Officer may exercise all powers and duties as may be required to be exercised or performed for the proper discharge of his or her functions under this Order.

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

(4) Without derogating from the generality of the functions and powers of the Accounting Officer as provided in this paragraph, the Accounting Officer shall cause the Board to—

(a) be responsible for overseeing the day-to-day administration and management of the Fund;

(b) keep and maintain proper books of accounts and records of the Fund; and

(i) receipts into the Fund;

(ii) disbursements from the Fund; and

(iii) reconciliation of the monthly accounts of the Fund.

6. National Environmental Fund Board

(1) The Minister shall, after consultation with the Minister of Finance and Development Planning, appoint the National Environmental Fund Board, to administer the Fund as directed by the Accounting Officer in accordance with this Order.

(2) The Board shall consist of—

(a) two members from the Ministry of Environment, Wildlife and Tourism;

(b) one member from the Ministry of Finance and Development Planning;

(d) one member from the Ministry of Lands and Housing; and

(e) four members selected from the academia, business, civil society and persons with a special knowledge of, or interest in matters relating to the purpose of the Fund.

(3) The Deputy Permanent Secretary in the Ministry of Environment, Wildlife and Tourism shall be the chairperson of the Board.

(4) The Board shall elect a deputy chairperson from among its members.

7. Receipts into Fund

There shall be paid into the Fund—

(a) monies as may be appropriated by the National Assembly for the purposes of the Fund;

(b) revenues from the sale of hunting quota and concessions by communities;

(d) monies collected from levies, fines and licences for environmental pollution and management, as may be determined by the Minister;

(e) monies collected from other environmental conservation and management grant-making activities as may be determined by the Minister;

(f) grants, donations and contributions from other sources; and

(g) any monies accruing on or from investments made from monies in the Fund.

8. Disbursements from Fund

There shall be paid from the Fund—

(a) grants that the Board, acting in accordance with the Board guidelines, may approve; and

(b) expenses incurred in the management of the Fund, or any other expense approved by the Board in line with the objectives of the Fund.

9. Surplus in Fund

If the Fund shows any surplus at the end of the financial year, the surplus shall be carried forward into the following year.

10. 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 directions given by the Board and interest from such investment shall accrue to the Fund.

11. Accounts of Fund

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

(2) Not later than four months after the close of each financial year, the Board shall cause the accounts with respect to that year to be audited by the Auditor General or by an independent auditor appointed by the Board and approved by the Auditor General.

(3) As soon as the accounts have been audited, and not later than three months after the audit, the Board shall submit to the Accounting Officer a copy of the audited accounts together with the auditor's report.

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