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LOCAL GOVERNMENT (TECHIMAN MUNICIPAL ASSEMBLY) (ESTABLISHMENT) INSTRUMENT, 2004 (1799).  

IN exercise of the powers conferred on the Minister responsible for Local Government and Rural Development by subsection (1) of section 3 of the Local Government Act, 1993 (Act 462) and with the prior approval of the Cabinet, this Instrument is made this 17th day of March, 2004.

Section 1—Establishment of Assembly

There is hereby established a Municipal Assembly to be known as the Techiman Municipal Assembly referred to in this instrument as the "Assembly" for the area specified in the First Schedule to this Instrument.

Section 2—Composition of Members of Assembly

(1) The Assembly shall consist of the following members

(a)  the Municipal Chief Executive;

(b) one person from each electoral area within the Municipality elected by universal adult suffrage in accordance with regulations made for that purpose by the Electoral Commission,

(c) the member or members of Parliament from the constituencies that fall within the area of authority of the Assembly, except that such member or members shall have no voting rights; and

(d) other persons not exceeding 30 per cent of the total membership of the Assembly appointed by the President in consultation with the traditional authorities and other interest groups in the Municipality.

(2) The members appointed under paragraph (d) of sub-regulation (1)[sic] may be re-appointed.

(3) Elections to the Assembly shall be held once every four years except that such elections and elections to Parliament shall be held at least six months apart.

(4) For the purpose of elections to the Assembly the area of authority of the Assembly shall be divided into the electoral areas specified in the First Schedule to this Instrument.

(5) The Assembly may conduct its business in English and in any Ghanaian language common to the communities in the Municipality.

(6) The emoluments of the members of the Assembly shall unless otherwise provided for in Act 462 be determined by the Assembly and shall be paid out of the resources of the Assembly.

Section 3—Functions of Assembly

(1) The Assembly shall perform the functions conferred on District Assemblies by Act 462.

(2) Without prejudice to sub-regulation (1)[sic] the Assembly shall perform the functions set out in the Second Schedule to this Instrument.

Section 4—Common Seal

(1) The Assembly shall have a Common Seal which shall be such as the Minister may approve by notice in the Gazette.

(2) Until such time as the Common Seal approved in sub-regulation (1)[sic] is available, a rubber stamp bearing the inscription "The Techiman Municipal Assembly" shall be used as the Common Seal.

Section 5—Administrative Area of Authority

The area of authority of the Assembly shall comprise the area specified in the First Schedule to this Instrument.

Section 6—Location of Principal Offices of Assembly

The Assembly shall establish its principal offices at Techiman where meetings of the Assembly shall be held.

Section 7—Inaugural Meeting

(1) The Assembly shall hold its inaugural meeting on such date as the Minister shall with the prior approval of the Cabinet determine.

(2) A Presiding Member of the Assembly shall be elected at the inaugural meeting.

Section 8—Revocation

(1) The Local Government (Techiman District Assembly) (Establishment) Instrument, 1989 (LI 1472) is hereby revoked.

(2) Notwithstanding the revocation under Regulation 8 (1),[sic] units that were in existence under the revoked Instrument immediately before the coming into force of these Regulations shall operate as units under the Assembly within which they fall under this Instrument until the electoral areas are revised by the Electoral Commission.

SCHEDULES

FIRST SCHEDULE

Area of Authority and Electoral Areas

1. Naa Atti                              22. Ahenbronoso     

2. Jama-Tinponim                 23. Bamiri     

3. Abemagya                         24. Dagomba           

4. Abroman                            25. Wangara Line    

5.  Tanoboase                                   26. Nkrankorm          

6.  Ntoase/Abease                27. Kofoso    

7.  Amangoase                                  28. Bongoroso         

8.  Buoyem                             29. Ahenfie   

9.  Mesidan                            30. Asubrofo 

10. Dampaso                                    31. Nkwaeso/Bonkwae       

11. Akyeaw                            32. Abanim   

12. Akrofrom                          33. Dwomor  

13. Adantase                         34. Hausa     

14. Dompoase                                  35. Konimase           

15. Adutwie                            36. Forikrom 

16. Addaekrom/Tuobodom 37. Nsuta       

17. Asueyi                              38. Sansua   

18. Akonkonti                                    39. Tentenano/Nkruwaso    

19. Abease                            40. Kuntunso/Bomiri

20. Subingya             41. Akisimasu/Ebomso       

21. Tunsuase             42. Twimia-Koase   

SECOND SCHEDULE

(Paragraph 3(2))[sic]

FUNCTIONS OF THE ASSEMBLY

It shall be the duty of the Assembly—

1.  To promote and safeguard public health and for this purpose the Ministry of Health shall assign Medical Officers, health inspectors and other staff as appropriate except semi-skilled and unskilled labourers to the Assembly for the proper discharge of this duty.

2.  To cause the Municipality to be inspected regularly for the detection of nuisances or any condition likely to be offensive or injurious to health.

3.  If satisfied that any nuisance or any condition likely to be offensive or injurious to health exists, to cause all proper steps to be taken to secure the abatement of the nuisance or the removal of the condition.

4.  To ensure the provision of adequate and wholesome supply of water throughout the entire Municipality in consultation with the Ghana Water Company.

5.  To establish, install, build, maintain and control public latrines, lavatories urinals and wash places.

6.   To establish, maintain and carry out services for the removal of night-soil from any building and for the destruction and treatment of such night-soil.

7.  To establish, maintain and carry out services for the removal and destruction of all refuse, filth and carcases of dead animals from any public or private place.

8.  To regulate any trade or business which may be noxious or injurious to public health or a source of danger to the public or which otherwise it is in the public interest to regulate.

9.  To provide for the inspection of all meat, fish, vegetables and all other foodstuffs and Liquids of whatever kind or nature intended for human consumption whether exposed for sale or not, and to seize, destroy and otherwise deal with all such foodstuffs or, liquids as are unfit for human consumption and to supervise and control the manufacture of foodstuffs and liquids of whatever kind or nature intended for human consumption.

10. To provide, maintain, supervise and control slaughter-houses and pounds and all such matters and things as may be necessary for the convenient use of such slaughter-houses.

11.  To prevent and deal with the outbreak or the prevalence of any disease.

12. To prevent the spread of and exterminate tsetse-fly, mosquitoes, rats, bugs and other vermin.

13. To prohibit or regulate the making of borrow-pits or other excavations.

14. To establish and maintain cemeteries.

15. To provide crematoria where in the opinion of the Assembly it is expedient so to do.

16. To regulate or prohibit the sinking of wells and provide for the closing of wells.

17. To establish, maintain and control pounds, seize and impound any stray animal and provide for the payment of compensation for damage done by such animal.

18. To provide that the owner or occupier of any land or tenements maintain, clear and keep free from vegetation, the roads, streets or paths adjoining his land or tenements.

19.  To provide for the control, destruction and licensing of dogs.

20.  To provide for the control, regulation, inspection, supervision and licensing of—

(i)   social halls, dance halls and places of entertainment;

(ii)  lodging and eating houses;

(iii) any premises or land in or upon which any profession, occupation, trade or business is carried on;

(iv) such occupations as the Minister may specify in an Instrument from time to time.

21. To establish and operate clinics and dressing stations in consultation with the Ministry of Health.

22.  To construct, repair and maintain and keep clean all streets.

23.  To divert or alter where necessary the course of any street.

24. To provide or arrange for electric lighting in streets and other public places and where necessary to provide and maintain electricity supply in consultation with the Electricity Company of Ghana.

25. To construct, repair and maintain all public roads other than trunk roads but including feeder roads and to under-take road rehabilitation programmes within the Municipality.

26. To prescribe the conditions subject to which the erection and construction, demolition, re-erection, and re-construction, conversion and re-conversion., alteration, repair, sanitation and ventilation of public and private buildings and structures may be undertaken and carried out.

27. To provide for building lines and the layout of buildings, to prepare and undertake and otherwise control schemes for improved housing layout and settlement.

28. To prescribe the conditions to be satisfied on a site for any building or for any class of buildings.

29.  To prohibit the construction of any new building unless and until the plans thereof have been submitted to and approved by the Assembly.

30.  To provide for the demolition of dangerous buildings and for the recovery of any expenses incurred in connection therewith.

31. To maintain, as agents of Central Government, all public buildings, including prestige buildings put up by the Central Government and previously maintained by the Public Works Department.

32. To maintain as agents of the Ghana-Highway Authority, trunk roads lying within the boundaries of the area of authority of the Assembly.

33. To take steps to ensure the effective maintenance of all Government properties within its area of authority.

34. To prohibit or regulate the use in any defined area of any inflammable material in the construction or repair of any building.

35. To control and regulate the siting of advertisements and hoardings or other structures designed for the display of advertisements.

36. To build, equip, open, close and maintain markets, prohibit the erection of stalls in places other than markets and prevent the sale and purchase of goods or stock near established markets or elsewhere.

37. To fix days and hours during each day on which a market may be held and prevent the sale and purchase of goods in markets on any day or at any hour except, those fixed.

38. To regulate and control markets including the fixing of and collation of stallages rents and tolls.

39.  (1) To require the owner of any premises to do any of the following acts:

(i) to remove, lower or trim to the satisfaction to the Assembly any tree, shrub or hedge overhanging or interfering in any way with the traffic in any street or with any wires or works thereof;

(ii) to remove any dilapidated fence or structure abutting on any public place;

(iii) to paint, distemper, white-wash or colour-wash the outside walls or roof of any building forming part of the premises;

(iv)   to tidy the premises; and

(v)    to remove any derelict car or other vehicles.

(2) In the event of the owner failing to comply with a notice from the Assembly requiring him to perform any of the acts specified in sub-paragraphs (i-v) of paragraph (1) the Assembly shall be at liberty to undertake the work and charge the owner with the cost thereof.

40.  To build, equip and maintain all public primary, middle and special schools as are in the opinion of the Minister for Education, after consultation with the Minister responsible for Local Government, required in its area.

41.   To advise the Minister for Education on all matters relating to primary and middle schools and such other matters as may be referred to it by the Minister for Education.

42.   To be responsible for—

(i)  posting and transfers within its area of authority of teachers including pupil teachers;

(ii)  keeping records of teachers;

(iii) discipline of teachers in accordance with the disciplinary code laid down by the Ghana Education Service;

(iv) appointment of school welfare officers;

(v)  recommending teachers for study leave;

(vi) appointment of head teachers in accordance with rules laid down by the Ghana Education Service;

(vii) supervision of primary and middle schools;

(viii) formation of education committees;

(ix)  collection of statistical data and other information;

(x)  in-service training for public teachers;

(xi)  nursery school education;

(xii) approval for the opening of private primary and middle schools;

(xiii) payment of teachers' salaries from funds made available by Government;

(xiv) indenting for the supply and distribution of textbooks;

(xv)  disbursement of Education Grants.

43.  To provide for the control and regulation of—

(i) concerts, musical or theatrical performances, cinemas, fairs, circuses and other entertainment to which admission is to be obtained on payment of moneys or of any reward, except where the whole proceeds are being devoted to charity;

(ii)  horse-racing meetings.

44. To grant and maintain scholarships or bursaries to suitable persons to attend any school or other educational institution in Ghana or elsewhere.

45. To provide for the establishment and maintenance of facilities for arts and crafts, for recreation and sports.

46. To establish, maintain, control and contribute to bands for musical performances in public places and at functions arranged by the Assembly, and generally to provide musical entertainment in such places and at such functions.

47.  To arrange for the provision of public libraries in consultation with the Ghana Library Board.

48. With the prior approval of the Ghana Museums and Monuments Board, to control the disposal of any African antique work of art.

49. To organise community development programmes to improve and enrich rural life through running literacy and adult education classes, organising voluntary contributions and communal labour for the provision of such facilities and services as water supplies, roads, school buildings, community centres and public places of convenience; and teaching village women the management of home and care of children.

50. To take such measures as would promote the well-being of under-privileged children and the stability of the distressed family.

51. To organise and maintain child care centres and ensure the proper running and management of such centres.

52. To establish, run and manage children's homes and offer parental care for the deprived, namely, orphans and those that are neglected or abandoned.

53. To render relief services in the form of supply of material during natural disasters. e.g. floods, fire, earthquakes, accidents.

54. To be responsible for the improvement of agriculture including extension services and allotments for agricultural purposes.

55.  To control methods of husbandry.

56.  To allocate land in the ownership of the Assembly for farming purposes and to regulate the system of farming of such land.

57.  To provide services for the improvement of livestock.

58.  To prevent and control animal diseases.

59.  To prohibit, restrict or regulate the hunting, capture, killing or sale of animals or birds or any specified kind of animal or bird.

60.   To provide for measures for soil and water conservation.

61.   To provide for the fencing of land and for the maintenance and repair of such fences.

62.  To take every step to encourage persons to plant specified crops for the maintenance of themselves and their families.

63.  To plant trees in any street and to erect tree-guards to protect the same; provided that the streets shall not be unduly obstructed thereby.

64.  To regulate or prohibit the planting, cutting, tapping, or destruction of any tree or vegetation growing along any street, road or path or in any public place.

65.  To establish and manage, on commercial basis, rural and small-scale industries and farms.

66. To promote tourism in the Municipality in co-operation with the Regional Development     Corporation/Regional Co-ordinating Council and the Tourist Development Board.

67. Subject to the control and direction of the Registrar of Births and Deaths, to register all births and deaths occurring within the Municipality.

68.  To appoint in consultation with the Registrar of Births and Deaths such registration staff as may be necessary for the proper discharge of births and deaths registration duties.

69. To make such financial contribution as the Assembly considers necessary for the maintenance of any traditional authority, which possesses any functions, which relate to any part of its area.

70.  To establish and maintain tree nurseries and forest plantation and sell the produce thereof.

71. To compile and maintain a record of all tenant farmers and the rents and tribute which should be paid by them.

72. To prohibit or restrict the driving or use of vehicles generally or any specified class on any specified road or specified direction on any specified road.

73. To regulate the use and conduct of public vehicles to regulate routes and parking places to be used by such vehicles to appropriate particular routes, roads, streets, and parking places to specified classes of traffic and when necessary to provide the identification of licensed vehicles as defined in the Motor Traffic Ordinance.

74. To license any vehicle used for taxi, bicycle, motor bicycle and to prescribe the fees to be paid in  respect of any such bicycle or vehicle.

75. To establish, acquire and maintain transport services by land or water, including ferries.

76. To establish, maintain and control parks for motor and other vehicles.

77. To establish and maintain in consultation with the Ghana Postal Services Corporation, Postal Agencies where necessary.

78. To lay down rules and regulations in respect of private and public property to ensure adequate fire protection.

79.  To prevent and control fire outbreaks including bush fire.

80.  To promote the development of all sports within the area of authority of the Assembly.

81. To organise sports activities within its area of authority and to provide such facilities as may be recommended by the national body responsible for sports.

82. To perform as an agent of the national body responsible for sports in maintaining such sports facilities as may be assigned to it by the national body.

83. To advise to the exclusion of all others on all matters of sports relating to its area of authority.

84. To prohibit, restrict, regulate and license the manufacture, distillation, sale, transportation, distribution, supply, possession and consumption of akpeteshie, palm-wine, and all kinds of description of fermented liquor usually made by citizens of Ghana or adjacent countries.

85.  To license petrol service and filling stations within the township.

86. To provide information centres, where necessary in consultation with the Ministry of Information.

87.  To provide and maintain public parks and gardens.

88. To provide for the demolition of dangerous buildings and for recovery of any expenses incurred in connection therewith.

HON. KWADWO ADJEI DARKO. MP

Minister for Local Government and Rural Development

Date of Gazette Notification: 28th May, 2004.

Entry into force:

FINANCIAL ADMINISTRATION REGULATIONS, 2004 (LI 1802).

ARRANGEMENT OF REGULATIONS

Regulation

PART I—CONTROL AND MANAGEMENT OF PUBLIC FUNDS

1.  Financial responsibilities of public officers

2.  Financial duties of a head of department

3.  Accounting manual

4.  Departmental accounting instructions

5.  Delegation of financial duties by heads of departments

6.  Conformity with law and financial regulations

7.  Duty to report unsatisfactory application of regulations

8.  Financial discipline

9.  Public funds

10.  Classification of receipts

PART II—PUBLIC FUNDS

11. Custody of public and trust moneys

12. Custodial responsibility of the controller and Accountant-General 

13. Custodial role of heads of departments

14. Opening of bank accounts for public funds

15. Payments into the Consolidated Fund

16. Non Tax Revenue/Internally Generated Funds (NTR/IGF)

17. Collection and lodgment

18. Lodgment of retained IGF

19. Accounting and disclosure of NTR/IGF

20. Review of rates, fees and charges

21. Non submission of reports

22. Payments to be made gross into Public Funds

23. Responsibility for collection of Public Funds

24. Ceremonial receipts

25. Information on official receipting arrangement

26. Hours of collection

27. Notice of liability to pay revenue

28. Issue of original receipt

29. Acceptance of legal tender

30. Cheques payable to the Government of Ghana

31. Monetary instruments requiring approval

32. Responsibility for paying by monetary instruments other than cash

33. Controller and Accountant General Department inspection

34. Authority for refund

35. Receipts of Trust Moneys to be lodged in the Consolidated Fund

36. Collections outside Ghana

37. Disbursements of Public Funds

38. Activities to be prioritised

39. Responsibility in respect of payments

40. Payments to other public institutions

41. Balance of Appropriation

42.  Foreign payments

43.  Payees

44.  Restriction on public officers

45.  Recovery of overpayments

46.  Payment procedures in times of emergency

47.  Bank accounts for departments

48.  Level of cash holdings

49.  Authorised cash balances

50.  Determination of authorised cash balances

51.  Excess cash

52.  Failure to secure excess cash

53.  Private use of balances prohibited

54.  Access of the Auditor General

55.  Right of access

PART III—DEPOSITS AND OTHER TRUST MONEYS

56.   Trust moneys

57.   Loss of Trust Moneys

58.   Responsibility for management of Trust Moneys

59.   Deposit

60.   Authority for the collection of deposits

61.   Reserve liability

62.   Opening a deposit account

63.   Designation of the deposit account

64.   Responsibility of the deposit holder

65.   Deposits to be paid into the Consolidated Fund

66.   Unauthorised deposits

67.   Time expired deposits

68.   Repayment

69.   Methods of repayment

70.   Entitlement to repayment

71.   Presentation of original deposit receipt

72.   Other identification of payee

73.   No interest payable

74.   Closure of deposit account

75.   Subsequent claims

76.   Limitation of claim period

77.   Special Fund

78.   Disbursements of Special Funds

79.   Accounting for Special Funds

80.   Annual Accounts of Special Fund

81.   Trust Fund

82.   Acceptance of a Trust

83.   Additional rules

84.   Trust Fund investments

85.   No charge for administration

86.   Annual accounts of Trust Fund

87.   Report to donors and their successors of Trust Fund

88.   Sinking Fund

89.   Authority for creation of a Sinking Fund

90.   Administering authority

91.   Fund to be invested

92.   Payment from a Sinking Fund

93.   Closing adjustment

PART IV—ADVANCES, LOANS AND EQUITY INVESTMENTS FROM THE CONSOLIDATED FUND

94.   Financial assets of the Consolidated Fund

95.   Need for proper authority

96.   Categories of public financial business

97.   Budgetary control of advances etc.

98.   Chief authority

99.   Need for prior agreement

100.  Responsibility for payment

101.  General and specific authority

102.  Authority to administer advances

103.  Authorised maximum of advances allowed

104.  Responsibility of the administering authority

105.  Increase of authorised maximum

106.  Authority to grant advances

107.  Delegation of powers to grant advances

108.  Applications by the administering authority

109.  Delegation of administering authority

110.  Records of advances and recoveries

111.  Responsibility for recovery

112.  Methods of recovery

113.  Deductions from salary

114.  Duty to report non-deduction

115.  Conditions for grants of an advance

116.  Recovery on leaving the service

117.  Transferred officers

118.  Advances arising from losses

119.  Responsibility for administration

120.  No authorized maximum

121.  Advances to contractors

122.  Advance under contract

123.  Authority for inclusion of advance provisions

124.  Advance other than cash

125.  Recoveries to be deducted

126.  Statutory deductions

127.  Budgetary authority

128.  Claims for recovery

129.  Annual reports

130.   General or specific loans

131.   General classes of loans

132.  Specific loans

133.   Authority to negotiate a loan

134.  Ratification of a loan

135.  Payment of loan

136.  Failure to pay interest or repay principal

137.  Penalty

138.  Borrower's accounts

139.  Statement of public accounts

140.  Investment proposals

141.  Approval of investment

142.  Responsibility of the administering authority

143.  Acquisition of shares

144.  Certificate of shareholding

145.  Report to the Minister on equity investments

146.  Annual accounts

147.  Annual reports

148.  Statement of equity interests in annual accounts

PART V—REVENUE AND EXPENDITURE

149.  Authority of the minister

150.  Budget committees

151.  Responsibilities of budget committees

152.  Budget circular

153.  Budget instructions

154.  Supplementary instructions by ministries

155.  Departmental budget instructions

156.  Submission of budget proposals

157.  Examination of financial proposals

158.  Provision of information

159.  Consolidated Fund revenue estimates

160.  Consolidated Fund expenditure estimates

161.  Budget hearing

162.  Revenue collections

163.  Release of funds to meet expenditure warrant

164.  Provisional warrant

165.  Release of funds

166.  Audit copies

167.  Authority for other receipt and payment transactions

168.  Budgetary control

169.  Warning of budget variation

170.  Revenue and expenditure according to the estimates

171.  Virement

172.  Revised budget estimate

173.  Content of revised estimates

174.  Supplementary provision for existing activities

175.  Supplementary provision for new activities

176.  Supplementary provision arising from increase in costs of activities

177.  Notification of revised estimates

178.  Evasion of expenditure control

179.  Double spending

180.  Reporting budgetary progress

PART VI—GOVERNMENT STORES

181.  Meaning of Government stores

182.  Governance of Government stores

183.  Financial management implications

PART VII—PREPARATION AND AUDIT OF ACCOUNTS

184.  Public accounts

185.  Other Government accounts

186.  Basis of accounts

187.  Classification of Public Accounts

188.  Monthly Statement of Public Accounts

189.  Submission of monthly revenue and expenditure statements

190.  Annual statement of the department

191.  Annual statements on the public accounts

192.  Failure to provide Financial statement

193.  Closure of accounts

194.  Deletion from the accounts

195.  Financial year

196.  Audit of accounts

197.  Special department accounting forms

198.  Security of signatures

199.  Signing blank

200.  Signing blind

201.  Duty to report irregularity

202.  Supply of account books and forms

203.  Review of accounting systems

204.  Restricted use of green ink

205.  Use of indelible ink and prohibition of alterations

206.  Amendment of figures

207.  Alteration of audited figures

208.  Fraction of One Cedi

PART VIII—VALUE BOOKS

209.  Definition

210.  Security printing

211.  Responsibility of the controller and Accountant General

212.  Delegation by the Controller & Accountant General

213.  Printing and supply of cheques

214.  Responsibility of heads of departments

215.  Custody of Value Books

216.  Duration of custody

217.  Defective books

218.  Loss of Value Books

219.  Notification to the public

220.  Value of the loss

221.  Revenue losses

222.  Cost statement on the loss

223.  Loss occasioned to the public

224.  Copies of Value Book

225.  Retention of used Value Books.

PART IX—LOSSES

226.  Definition

227.  Responsibility of the head of department

228.  Disclosure of offences

229.  Declaration of losses

230.  Duty of the head of department

231.  Categories of losses

232.  Exclusions

233   Discovery of loss

234.  Initial Action by head of department

235.  Investigation of every case of loss

236.  Assistance to the Police

237.  Recommendations

238.  Report to be factual

239.  Action by the head of department

240.  Criminal offence

241.  Disciplinary offence

242.  Disciplinary proceedings to be completed

243.  Defective systems

244.  Remedial action to be commenced

245.  Financial liability of officers

246.  Offer to repay

247.  Liability to repay

248.  Monetary liability

249.  Order for recovery

250.  Recovery

251.  Cash liability for loss

252.  Surcharge proceedings

253.  Completion of useful action

254.  Quarterly reports of losses disposed of

255.  Rulings

256.  Remittances and transfer

257.  Claims

258.  Investigation of bad debts

259.  Power of intervention

260.  Authority of the Auditor General

261.  Publication of significant findings

PART X—FINANCIAL AND ACCOUNTING RECORDS

262.  Care and custody of records

263.  Legislative authorities

264.  Departmental repositories

265.  Release of records

266.  Retention and review

267.  Limited or restricted publications

268.  Security grading to be observed

269.  Permanent retention

270.  Other copies

271.  Report of publications

272.  Definition and sub-classes of legal documents

273.  Storage of legal documents

274.  Accounting records

275.  Definition of Working Papers

276.  Period for keeping Working Papers

277.  Definition and classes of archival records

278.  Provisions for archival records

PART XI—STATUTORY CORPORATIONS AND OTHER PUBLIC  INSTITUTIONS

279.  Governance of Statutory Corporations

PART XII—LIABILITIES, OFFENCES AND PENALTIES

280.  Penalty Units

281.  Disciplinary action against offences

PART XIII—IMPREST

282.  Definition of imprest

283.  Issuance of imprest accounts code

284.  Classes of imprest

285.  Administration of imprest

286.  Payments from imprest

287.  Sub imprest

288.  Unauthorised use of imprests

289.  Retirement of imprest

290.  Report of imprest balances

PART XIV—PERSONAL EMOLUMENTS

291.  Definitions

292.  Authorities

293.  Records of personal emolument

294.  Accounting authorities

295.  Instructions on salaries, wages and related allowances

296.  Use of manual vouchers

297.  Deductions from salaries

298.  Stoppage of salary payments

299.  Notification of stoppage

300.  Subsequent payments

301.   Effective date

302.  Retirement date

303.  Variation of retirement date

304.  Pension Instructions

305.  Responsibility for salary payment vouchers

306.  Meaning of management unit

PART XV—MISCELLANEOUS

307.  Subventions

308.  Classes of subvention

309.  Authority for payment

310.  Government appointee reporting relationships

311.  Interpretation and application of regulations

312.  Revocation

313. Commencement

IN exercise of the powers conferred on the Minister responsible for Finance by sections 2 & 73 of the Financial Administration Act, 2003, Act 654, these Regulations are made this 4th day of June, 2004

PART I—GENERAL RULES FOR THE MANAGEMENT OF PUBLIC FUNDS

Regulation 1—Financial Responsibilities of Public Officers

(1) Any public officer who is responsible

(a) for the conduct of financial business on behalf of the Government of Ghana,

(b) the receipt, custody and disbursement of public and trust moneys, or

(c) for the custody, care and use of public stores.

Shall keep proper records of all transactions and shall produce records of the transactions for inspection when called upon to do so by the Minister, the Auditor-General, the Controller and Accountant-General or any officers authorised by them;

(2) A public officer who fails to keep or produce any records under subregulation (1) is in a breach of financial discipline as defined in regulation 8(1).

(3) Where a public officer is proceeding on transfer, leave or is for any other reason being relieved of the duties under sub-regulation (1), the officer shall hand over the financial and accounting records to the person taking over from the officer.

(4) The obligation of a public officer to keep proper records of transactions and to produce the records for inspection under subregulation (1) shall not be complete until that officer has properly handed over the financial and accounting records kept by that officer to the officer who takes over that duty under subregulation (3).

(5) An officer handing over financial and accounting duties to a relieving officer shall prepare and sign a statement in triplicate showing

(a)  details of all accounting records and documents kept;

(b)  details of all keys, cash and bank balances, public stores and equipment on hand;

(c)  details of all pending financial business, including outstanding audit queries;

(d)  details of financial and accounting duties assigned to subordinate staff;

(e) details in respect of particular classes of business as required by regulations or Departmental Accounting Instructions.

(6) A Public officer who fails to prepare a handing over statement under subregulation (4) is in a breach of financial discipline as defined in regulation 8(1).

(7) If an officer is prevented by death or disability from preparing a handing-over statement, the officer's immediate superior, together with the relieving or any other officer, shall draw up a statement as required by sub-regulation (3), and the statement shall note any irregularities found and shall also record the circumstances in which the take-over became necessary.

(8) The officer taking over shall check that the details in the handing-over statement are complete and correct, that records have been properly entered and are up to date, and verify all balances.

(9)  The officer required to prepare a handing-over statement under subregulation (6) shall note any discrepancy or observation on all copies of the handing-over statement and when both parties are satisfied that the handing-over statement is in order, the completion of hand-over shall be signified by the signature of the relieving officer.

(10) Each officer shall retain one copy of the statement and one copy shall be retained on the office file.

Regulation 2—Financial Duties of a Head of Department

The head of government department shall

(a) manage and operate the department's accounting systems, so as to ensure the accountability of all officers transacting such business and facilitate the efficient discharge of such business;

(b) ensure that the department's accounting system has been approved by the Controller and Accountant-General in consultation with the Auditor-General;

(c) secure the efficient and effective use of appropriations under departmental control within the ambit of government policy and in compliance with any enactment, regulations or instructions issued under the authority of any enactment;

(d) secure the due and proper collection of government revenue collectable by the department within the terms of any enactment or of instructions issued or approved by the Controller and Accountant-General;

(e) requisition, commit, order, receive and make payments for goods and services within the funds appropriated to the department and in accordance with these Regulations and any other enactment;

(f)  receive and order the disbursement of any trust moneys for which the head of department has been appointed as administering authority by or under any enactment or agreement,

(g) manage and reconcile the bank accounts authorised for the department by the Controller and Accountant General;

(h) preserve in good order and secure the economical use of all equipment and stores used by the department;

(i) transact any other financial business for which the head of department is made responsible, by or under any enactment in accordance with the requirement of the enactment or instructions issued or approved by the Minister;

(j) prepare monthly departmental accounts in a form prescribed by the Controller and Accountant-General Department, within the time period set by the Controller and Accountant General in the Accounting Manual and submit these to the Minister, the Auditor General and the Controller and Accountant-General Department;

(k) prepare, sign and submit within three months after the end of the year, to the Minister, the Auditor General and the Controller and Accountant-General Department, annual departmental accounts in the form prescribed by the Controller and Accountant-General Department in consultation with the Auditor-General;

(l)  answer questions raised by the Auditor General in respect of the financial transactions and accounts of the Department;

(m) appear before the Public Accounts Committee to give any explanations required by the Committee in respect of the annual departmental accounts; and

(n) compile and maintain assets register of the department as determined by the Controller and Accountant-General.

Regulation 3—Accounting Manual

The Controller and Accountant-General shall prepare an accounting manual from which Departmental Accounting Instructions shall be derived.

Regulation 4—Departmental Accounting Instructions

(1) A head of department shall with the approval of the Controller and Accountant-General given in consultation with the Auditor-General issue Departmental Accounting Instructions to regulate the financial business of the department, indicating the duties to be performed by specified officers, the accounts to be kept and returns to be submitted, and such other instructions as may be required for the proper conduct of the financial business of the department.

(2) The Departmental Accounting Instructions shall contain relevant procedures for the keeping of accounts, preparation and format of financial statements, Departmental Chart of Accounts, Departmental Accounting System whether manual or mechanised, and all administrative issues relating to the keeping and preparation of government accounts.

(3) The instructions under sub-regulation (2) shall conform to any enactment, or any particular direction concerning accounts issued by the Controller and Accountant-General.

Regulation 5—Delegation of Financial Duties by Head of Department

(1) Unless a delegation is expressly prohibited or restricted by an enactment or in instructions, head of department may delegate authority for the performance of any of the functions of the head to a subordinate officer who, having regard to the requirements of the assigned functions, is competent and capable.

(2) A head of department may provide for the delegation of the duties of the head of department in the Departmental Accounting Instructions.

(3) Delegation of authority to undertake duties under this regulation does not diminish the accountability of the head of department as provided for in regulation 2.

Regulation 6—Conformity with law and Financial Regulations

Public officers shall conduct government financial business according to the laws of Ghana and any instructions given in accordance with these Regulations.

Regulation 7—Duty to Report Unsatisfactory Application of Regulations

An officer conducting financial business shall bring to the notice of the appropriate authority any case where application of the law or financial instructions leads to results that may be contrary to public interest.

Regulation 8—Financial Discipline

(1) Instructions or directives contained in these Regulations or in Departmental Accounting Instructions for which no variation is permissible, in any circumstances whatsoever, shall be deemed to include a provision that any contravention will amount to a breach of financial discipline.

(2) Any person required to perform any function or duty either under Financial Administration Act 2003 (Act 654) or under these Regulations who fails to perform that function or duty within the time required, is in breach of financial discipline under this regulation.

(3) Disciplinary action for misconduct shall be taken by the head of department against any officer contravening any instruction specified, in accordance with these Regulations.

(4) Sanctions for breach of financial discipline shall include reprimand, suspension, demotion, interdiction and termination.

(5) Failure by a head of department to take disciplinary action where required under this regulation shall itself be a breach of discipline under this regulation.

PART II—PUBLIC FUNDS

Regulation 9—Public Funds

In accordance with section 5(1) of the Financial Administration Act 2003, Act 654, the Public Funds of Ghana consist of the Consolidated Fund, Contingency Fund and such other funds as may be established by or under an Act of Parliament.

Regulation 10—Classification of Receipts

Receipts into the Consolidated Fund shall be broadly classified as follows:

(a) Public Moneys which include

(i)  Revenue - Tax, Non-Tax Revenue and Grants;

(ii) Other Receipts - The product of borrowing, repayment of government loans and advances, sale of government securities, sale of government equity investments, sale of other government assets; and

(b) Trust Moneys which are Deposits, Special and Trust Funds.

Regulation 11—Custodial Responsibility of the Controller and Accountant-General

(1) The Controller and Accountant-General, as the Chief Accounting Officer of Government, is responsible for the custody of Public and Trust Moneys payable into the Consolidated Fund and other Funds.

(2) Any public officer performing the duties of the Controller and Accountant-General under sub-regulation (1) shall be deemed to be acting under the delegated authority of the Controller and Accountant-General.

Regulation 12—Custody of Public and Trust Moneys

A person entrusted with custodial duties for Public and Trust Moneys shall protect Public and Trust Moneys against unlawful diversion from their proper purposes and against accidental loss, and locate such moneys so as to facilitate the efficient and economical discharge of public financial business.

Regulation 13—Custodial Role of Head of Department

A head of department shall undertake custodial duties from the time when

(a) moneys are paid to a collector to the time when the moneys are lodged into the Consolidated Fund;

(b) appropriations are lodged into the bank accounts of departments until the time when the funds have been fully utilised for the purposes for which they were appropriated; and

(c) an imprest or advance has been issued to a departmental officer until the time it has been duly retired in accordance with the relevant part of these Regulations.

Regulation 14—Opening of Bank Accounts of Public Funds

(1) The Controller and Accountant-General shall establish bank accounts of the Public Funds at the Bank of Ghana and its agents in and outside Ghana for the purpose of conducting financial business of Government and the bank accounts shall be designated in currencies as may be determined by the Controller and Accountant-General in consultation with the Minister.

(2) All bank accounts opened by the Controller and Accountant-General and designated as Consolidated Fund Account at the Bank of Ghana or its agents shall form part of the Consolidated Fund.

(3) Balances of allocation from the Consolidated Fund in the Operational Bank Account of the departments shall form part of the Consolidated Fund.

Regulation 15—Payments into Public Funds Account

(1) Any public officer or revenue collector who collects or receives public and trust moneys shall issue official receipts for them and pay them into the relevant Public Fund Bank Account within twenty four hours of receipt except in exceptional circumstances to be identified by the Minister.

(2) In an exceptional case under sub-regulation (1), the Controller and Accountant General shall issue a directive to that effect under the authority of the Minister.

(3) Moneys collected or received under sub-regulations (1) and (2) shall be deemed to have been paid into the Consolidated Fund as soon as Controller and Accountant-General receipt has been issued by Controller and Accountant-General Department office.

(4) A receipt in a format approved by the Controller and Accountant-General in the Departmental Accounting Instructions shall be issued for all revenues deposited on receipt of the deposit pay-in slip or bank advice.

(5) Until pay-in-slips in respect of  lodgements are presented for the issue of a Controller and Accountant-General receipt, the lodgements shall be credited to a deposit account by the Controller and Accountant-General.

(6) Pay-in-slips in respect of lodgements shall be presented for the issue of the Controller and Accountant General receipts within forty-eight hours.

Regulation 16—Non-Tax Revenue and Internally Generated Funds

For the purpose of these Regulations,

(a) Non-Tax Revenue includes fines, penalties, forfeitures, fees and charges, rent on government lands and buildings, interest on government investments, dividends and all other revenue generated from the activities of departments;

(b) Internally Generated Funds are Non-Tax Revenue that are generated through the activities of the departments.

Regulation 17—Collection and Lodgement of Non-Tax Revenue

A head of department shall

(a)  ensure that all Non-Tax Revenue are efficiently collected;

(b) ensure that all Non-Tax Revenue is immediately lodged in the designated Consolidated Fund Transit bank accounts except in the case of Internally Generated Funds retained under an enactment; and

(c) monitor and ensure that all Non-Tax Revenue lodged into the transit bank accounts are promptly transferred into the main Consolidated Fund bank account.

Regulation 18—Lodgement of Retained Internally Generated Funds

A department that has legislative approval to retain all or a portion of Internally Generated Funds collected, must first lodge the retained Internally Generated Funds in gross into the Department's Operational Bank Account designated by the Controller and Accountant-General before disbursements are made.

Regulation 19—Accounting and Disclosure of Non-Tax Revenue

(1) A head of department shall fully disclose all Non-Tax Revenue collected, lodged or retained as part of the monthly report to the Minister required under regulation 2(j), with copies to the Controller and Accountant-General and Auditor General.

(2)  A disclosure under sub-regulation (1) shall cover

(a) the department's collection points in the regions and districts by type of Non-Tax Revenue.

(b) the extent to which the department revenue target for the month has been achieved and measures that need to be taken to address any shortfall;

(c) expenditure incurred out of retained Non-Tax Revenue including Internally Generated Funds classified according to the Budget Classification;

(d)  Non-Tax Revenue including Internally Generated Funds due but not collected;

(e) any Non-Tax Revenue including Internally Generated Funds leakages and measures to address them; and

(f)  certification confirming reconciliation of  lodgements with collections.

Regulation 20—Review of Rates, Fees and Charges

A head of department responsible for collecting various types of fees and charges shall review annually the administrative efficiency of collection, the accuracy of past estimates and the relevance of rates, fees and charges to current economic conditions and submit proposals through the appropriate Sector Minister to Parliament for approval.

Regulation 21—Non-Submission of Reports

Failure to comply with the Regulations on Collections, Accounting and Disclosures in respect of Non-Tax Revenue including Internally Generated Funds is a breach of financial discipline as defined in regulation 8(1).

Regulation 22—Payments to be made Gross into Public Funds

(1) All public moneys collected shall be paid in gross into the Public Funds Accounts and no disbursement shall be made from the moneys collected except as provided by an enactment.

(2) A person who makes payment from moneys collected in contravention of sub-regulation (1) is in breach of financial discipline as defined in regulation 8(1).

Regulation 23—Responsibility for Collection of Public Funds

Except as otherwise provided in any other enactment, the collection of public and trust moneys shall be the responsibility of the head of department, who shall appoint supervising collectors for each area where collection is required.

Regulation 24—Ceremonial Receipts

(1) Where any moneys are paid to Government as part of a public or official ceremony, the moneys shall be paid within 48 hours into the appropriate Public Fund Account in compliance with these Regulations.

(2) A public officer shall not accept a symbolic cheque if that cheque is not supported with an actual cheque.

(3) A public officer who contravenes sub-regulations (1) or (2) is in breach of financial discipline under regulation 8(1).

Regulation 25—Information on Official Receipting Arrangement

A head of department shall by notice or such other means as that head considers necessary, inform the public that a pre-numbered official receipt shall be obtained for all moneys paid to a public official authorised to received such monies by the department and that the public is entitled to refuse payment if no such receipt is offered.

Regulation 26—Hours of Collection

Official collecting offices shall

(a) establish official hours of collection which shall be such as to facilitate service to the public and safe custody of public funds

(b) prominently display notices on their premises specifying the collecting hours; and

(c) provide services throughout the official hours.

Regulation 27—Notice of Liability to pay Revenue

(1) A notice to a member of the public stating revenue due from that member shall be on a serially pre-numbered form to be specified in Departmental Accounting Instructions and the form shall be controlled as value book  in accordance with these Regulations.

(2) The form under sub-regulation (1) shall contain details that enable the person receiving the form  to check the amount properly due and shall also inform the person

(a) of  where, and at what times, payment may be made;

(b) of  what means of payment is acceptable; and

(c) about the precautions to be observed where postal remittance are used.

Regulation 28—Issue of Original Receipt

(1) A collector who is satisfied that money tendered is in order, shall issue an original receipt to the payer, and shall deal with the duplicate and triplicate copies as required by Departmental Accounting Instructions.

(2) Temporary  receipts or receipts other than in the authorized form shall not be used for collections.

(3) A person who issues a temporary receipt or an unauthorized form for collections is in breach of financial discipline as defined in Regulation 8(1).

Regulation 29—Acceptance of Legal Tender

Any instrument, which under any enactment is the legal tender of Ghana may be used in making payment for any amount due to the Government.

Regulation 30—Cheques Payable to the Government of Ghana

(1) Cheques in respect of payments to Government shall be made payable to the "Government of Ghana" and be crossed.

(2) Where a cheque in respect of payment to Government

(a) is incorrectly issued in the name or the post of a particular officer, the cheque shall immediately upon receipt be endorsed by the officer with the statement- "Pay to the Government of Ghana";

(b) is uncrossed, the cheque shall immediately upon receipt be crossed by the officer who receives it.

(3) An officer who fails to comply with sub-regulation (2) is in breach of financial discipline as defined in regulation 8(1).

Regulation 31—Monetary Instruments Requiring Approval

A cheque received on behalf of the Government of Ghana and drawn on a bank account outside Ghana, or any bill of exchange other than a cheque or any promissory note, shall not be accepted without the prior approval of the Controller and Accountant-General.

Regulation 32—Responsibility for Paying by Monetary Instruments other than Cash

(1) A head of department shall recover the value of any dishonoured monetary instrument from the person who issued the instrument.

(2) Notwithstanding sub-regulation (1), the Government may take such action as it considers necessary to recover the value of any monetary instrument that is dishonoured.

Regulation 33—Controller and Accountant-General Department Inspection

(1) The Controller and Accountant-General's Department may carry out inspections that it considers necessary to ensure the integrity of the internal control system operating in a department.

(2)  A head of department shall give full access to the Controller and Accountant-General to all documentation, systems, stores, officials, safes and other relevant information that are necessary for an inspection under sub-regulation (1).

Regulation 34—Authority for Refund

Refunds may be authorized

(a) in respect of revenue correctly collected in accordance with law, and subsequently reclaimed under conditions prescribed by law, by the authority prescribed in the appropriate enactment;

(b) in respect of revenue which result from erroneous collection, where the erroneous collection took place in

(i)  the current year, the head of department may authorise a payment from the Consolidated Fund in accordance with the Financial Administration Act, 2003 (Act 654) chargeable to the revenue item concerned; and

(ii) a previous year, details of the necessary refund shall be supplied to the Controller and Accountant-General who may authorize a refund chargeable to an account so designated in the Departmental Accounting Instructions.

Regulation 35—Receipts of Trust Moneys to be Lodged in the Consolidated Fund

All trust moneys received shall be lodged into the Consolidated Fund or other appropriate Public Funds, and all disbursements from such moneys shall be considered as payments from the Consolidated Fund or other appropriate Public Fund and shall be in accordance with the provisions of the Financial Administration Act, 2003 (Act 654).

Regulation 36—Collections outside Ghana

These Regulations shall apply to Collections made in government departments located outside Ghana, subject to such variations as may be approved in writing by the Minister.

Regulation 37—Disbursements of Public Funds

(1) Disbursement by the Controller and Accountant-General to a department shall be made directly from the Consolidated Fund into a bank account in the name of the department.

(2) The bank account of a department under sub-regulation (1) shall be used solely in the furtherance of the authorized business of that department.

(3) The responsibility of the Controller and Accountant-General in respect of the bank account under sub-regulation (1) relates only to the legality of the payment.

(4) Payments from the Consolidated Fund shall be classified and lawfully made by the Controller and Accountant General as follows

Class of Payment                                                      Legal Authority         

(a)  Public Moneys               

(i)  Expenditure                      Annual and supplementary estimates approved by sections 14 and 25 of the Financial Administration Act, 2003.       

(ii) Redemption of Debt        Loans Act, 1970 (Act 335); and Article 181—182 of the Constitution.  

(iii) Government Advances  Section 22 of the Financial Administration Act 2003, (Act 654) and regulations made under that Act.   

(iv) Government Loans         Various authorities including instruments made under the Statutory Corporations Act, 1964 (Act 232) and section 23 of the Financial Administration Act 2003 (Act 654).           

(v)  Purchase of Securities   Section 21 of the Financial Administration Act 2003 (Act 654).

(vi)  Government Equity

Investment                  Various authorities, including instruments made under the Statutory Corporations Act, 1964 (Act 232) and section 24 of the Financial Administration Act, 2003 (Act 654).          

(b)  Trust Moneys

(i) Deposits                            Article 176 (1) (b) of the Constitution and specific enactments pertaining to particular kinds of deposits. 

(ii)  Special and Trusts

Funds                         Section 8 of the Financial Administration Act, 2003 (Act 654) and any enactment or agreement pertaining to special and trust funds.            

(c)  Statutory Expenditure                 Article 178(1)(a) of the Constitution and as provided for under various enactments (e.g. District Assemblies Common Fund, Pensions, Ghana Education Trust Fund). 

Regulation 38—Activities to be Prioritised

(1) A head of department shall prioritise the department's activities and ensure that related expenditures are within the budget ceilings or such other ceilings as determined by the Minister.

(2) A head of department shall report any insufficiency of funds which is likely to result in serious curtailment of services to the Principal Accounts Holder for direction.

(3)  A report under sub-regulation (2) shall be made in good time and not after funds have been exhausted.

Regulation 39—Responsibility in Respect of Payments

(1) A head of department shall ensure that moneys are utilised in a manner that secures both optimum value for money and the intention of Parliament.

(2) The head the accounts section of a department shall control the disbursements of funds and ensure that

(a)  the officer ordering disbursement is authorised to do so;

(b) orders are made within the powers of and the funds available to the officer ordering disbursements,

(c)  transactions are properly authenticated to show that amounts are due and payable; and

(d)  any order for disbursements that does not meet these requirements is rejected.

Regulation 40—Payments to other Public Institutions

(1) Other public institutions as defined in section 45(1) of Act 654 and government agencies, which receive financial support from government shall have agreements covering the payment of such support and shall provide for the

(a)  appointment of a government nominee in the governing body;

(b) prior approval by the Government of financial and accounting arrangements of the institution concerned;

(c) submission of the annual estimates to the Minister for review and submission to Parliament for approval;

(d) audit of accounts by the Auditor-General or an auditor appointed by and reporting to the Auditor-General; and

(e) issue of directions by the Government on matters affecting the financial policy to be adopted by the institution concerned.

(2) The requirement for receipt of financial support shall be subject to the condition that the institution assisted shall render audited annual statements of accounts to the Minister with a copy to the Controller and Accountant-General.

(3) The provisions of section 50(1) and (2) of the Financial Administration Act, 2003 (Act 654) shall apply to all other public institutions.

(4) Where financial support is given by Government to public institutions, quarterly returns on expenditure shall be forwarded to the Minister and the Controller and Accountant-General in such form as may be determined by the Controller and Accountant-General in consultation with the Minister.

(5) The returns shall be submitted not later than the fifteenth day following the end of the quarter and shall be certified by the public institution to be in accordance with policy directives and agreements under which the financial support was provided.

(6) Except for virements as allowed by regulation 171 a variation shall not be made in budgeted expenditure approved under the financial support provided to any public institution without the prior approval of the Minister.

(7) Unutilised balances held by public institutions at the end of the year shall be reported in accordance with regulations 41 (Balance of Appropriation)

Regulation 41—Balance of Appropriation

(1) A head of department shall submit statement of un-discharged commitments, ten working days after the end of the financial year to the Minister, with copies to the Controller and Accountant-General.

(2) A head of department shall furnish the Minister with a schedule of un-discharged commitments which may be properly carried forward together with unexpended balances of the previous year's appropriation that are available to finance their discharge.

(3) The Minister, upon receiving the schedule under sub-regulation (1), may issue a warrant referred to in these Regulations as a Revote Warrant to the head of department with copies to the Controller and Accountant-General to provide for the discharge of the commitments.

(4) A head of department shall include moneys specified in the Revote Warrant in the first supplementary estimates of the new financial year to be presented to Parliament for approval.

Regulation 42—Foreign Payments

(1) Payments outside Ghana shall be made only under the specific authority of the Controller and Accountant-General with prior approval of the Minister in accordance with the approved estimates.

(2) Modalities for payments outside Ghana require the prior approval of the Minister and shall be included in the Accounting Manual issued by the Controller and Accountant-General.

(3) Any variations to the modalities in sub-regulation (2) require the prior approval of the Minister.

Regulation 43—Payees

A payment shall be made only to the person or persons named on the payment voucher or to their representatives duly authorized in writing to receive the payment.

Regulation 44—Restriction on Public Officers

A public officer shall not on behalf of a department receive any payment from a member of the public except as provided in the Departmental Accounting Instruction, and failure to comply with this regulation is a breach of financial discipline as defined in regulation 8(1).

Regulation 45—Recovery of Overpayments

If any expenditure is made in excess of the amounts actually due, the overpayment shall be recovered immediately and paid into the account from which it was originally paid and the officer concerned shall report the circumstances immediately to the head of department or the appropriate authority.

Regulation 46—Payment Procedures in Times of Emergency

Payments out of the Consolidated Fund in times of emergency shall be made in accordance with the following:

(a)  an application shall first be made to the sector Minister by the department concerned;

(b) the sector Minister shall as soon as practicable, on receipt of the application, provide comments on it and forward it to the Minister,

(c) on receipt of the application together with the comments, the Minister may, within a reasonable time having regard to the circumstances, approve of the necessary adjustments to the application;

(d)  the decision of the Minister shall be communicated to

(i)   the department through the sector Minister and

(ii) the Controller and Accountant-General

as soon as the decision is made and the Controller and Accountant-General shall act accordingly; and

(e) the Minister shall within 3 working days of making the decision, cause a copy of the application together with the comments and the Minister's decision, to be delivered to Parliament.

Regulation 47—Bank Accounts for Departments

(1) On opening a bank account for a department, the Controller and Accountant-General, shall communicate to the bank the conditions under which the account will be operated, which shall include

(a)  prohibition of overdraft on the bank account,

(b)  names and specimen signatures of officers authorised to sign cheques on the bank account; and

(c)  a requirement for the Bank to provide the head of department with a bank statement.

(2) The Controller and Accountant-General shall maintain a register of all Government bank accounts including the details of officers authorised to operate these accounts.

(3) Any public officer who opens or operates any Bank Account for a department, which is not authorised by the Controller and Accountant-General is in breach of financial discipline as defined in regulation 8(1).

(4) Any bank that opens an account for any department without the authority of the Controller and Accountant-General is in breach of these Regulations and liable to sanctions by the Bank of Ghana.

Regulation 48—Level of Cash Holdings

(1) A head of department shall ensure that cash holdings are kept to the absolute minimum, consistent with the efficient discharge of public financial business, by

(a) promptly lodging collections in bank account(s) established for the purposes of receiving moneys into the Consolidated Fund or other Public Funds; and

(b)  using bank accounts for holding cash balances; and

(c)  making payment by cheques wherever possible.

(2) A head of department shall ensure, as far as it is consistent with the convenience of the public and the control of transactions, that collections or payments are made by cheque, bank transfer or direct payment to bank accounts.

Regulation 49—Authorised Cash Balances

(1) Departmental Accounting Instructions shall specify officers, designated by posts, who may hold cash and their authorised cash balances which are the maximum amounts that may be held by them during periods when their offices are closed for business.

(2)  For the purpose of these Regulations, an uncrossed cheque shall be deemed to be cash.

Regulation 50—Determination of Authorised Cash Balances

The authorised cash balance for any office shall be determined according to

(a)  the needs of public business;

(b)  the availability of banking facilities in relation to the working hours of the office;

(c)  the availability of safe accommodation and seniority of key-holders; and

(d)  the general security of the building in which the safe is located.

Regulation 51—Excess Cash

(1) Any officer who finds that the overnight cash balance is likely to exceed the authorised cash balance outside banking hours, must arrange to transfer the excess to a reserve cash safe with a higher authorised cash balance or to a vault or strong room.

(2) Departmental Accounting Instructions shall specify the location of the accommodation and arrangements to be made for reception of cash.

Regulation 52—Failure to Secure Excess Cash

Failure to lodge excess cash in secure overnight custody is a breach of financial discipline as defined in regulation 8(1).

Regulation 53—Private use of Balances Prohibited

(1) Official cash balances shall not be used for any private purpose including the encashment of cheques.

(2) The application of official cash balances for any purpose other than those provided for in these Regulations is a breach of financial discipline as defined in regulation 8(1).

Regulation 54—Access of the Auditor-General

The Auditor-General or any officer representing the Auditor-General shall have access to any copy of Cash Security Instructions in the presence of the officer responsible for its custody, but notes of its content shall not be taken and the contents shall not otherwise be communicated to any unauthorised person.

Regulation 55—Right of Access

The Controller and Accountant-General and Auditor-General, and their representatives, have the right to ask for and to receive from a bank, statements of any bank account of a department and other information relating to transactions in the account.

PART  III—DEPOSITS AND OTHER TRUST MONEYS

Regulation 56—Trust Moneys

(1) Trust moneys are moneys received into, or held in the Consolidated Fund and administered by public officers on behalf of a member of the public or any private or public agency in accordance with the terms of any enactment, agreement or trust deed, and include receipts and disbursements.

(2) Except as expressly provided for in any enactment, agreement or trust deeds, the receipt, custody and disbursement of trust moneys shall be subject to these Regulations as though they were public moneys.

Regulation 57—Loss of Trust Moneys

(1) Except as provided for in these Regulations, any loss of trust moneys shall be replaced from the Consolidated Fund, and the person to whom the moneys belong shall not suffer from the loss.

(2) Investigation shall be conducted into the circumstances leading to the loss of any trust monies in accordance with regulation 236 (investigation of every case of loss).

Regulation 58—Responsibility for Management of Trust Moneys

In cases where the enactment, agreement or trust deed governing trust moneys does not specify the administering authority, other than generally as the Government of Ghana, the Minister shall designate a head of department who shall be the administering authority.

Regulation 59—Deposit

For the purposes of these Regulations a deposit is a sum of money required by an enactment or agreement to be paid into the Consolidated Fund as security for the doing of any act or thing and to be held or disposed of in a manner as may be laid down in an enactment or agreement,  or as may be required by these regulations.

Regulation 60—Authority for the Collection of Deposits

(1) If the head of any department considers that the public financial business of the department requires the collection of deposits, the head of department shall submit a proposed scheme to the Minister for approval, with a copy to the Controller and Accountant-General.

(2) Rules and information relating to the operation of a deposit scheme shall be incorporated in the Departmental Accounting Instructions.

Regulation 61—Reserve Liability

In conveying the approval of the Government for a deposit scheme, the Minister shall direct the means by which the scheme shall be established or otherwise made known to the public, and shall direct the Controller and Accountant-General as to the proportion of the deposit balance which should be held in the form of cash to meet the government's liability to repay it.

Regulation 62—Opening a Deposit Account

When the need arises for a head of department to receive, hold and dispose of deposits, the head shall apply to the Controller and Accountant-General for authority to open a deposit account.

Regulation 63—Designation of the Deposit Account

(1) The Controller and Accountant-General shall

(a)  give authority for the operation of a deposit account;

(b)  specify the account number and title; and

(c) send the authority for the operation of the account to the head of department with a copy to the Auditor-General.

(2) The account number and title shall be quoted on all receipts, payment or journal vouchers relating to the deposit account.

Regulation 64—Responsibility of the Deposit Holder

A head of department shall be responsible for the proper collection and disposal of deposits in accordance with these regulations, and for maintaining accounts of transactions in accordance with regulation 1.

Regulation 65—Deposits to be Paid into the Consolidated Fund

All deposits shall be collected and lodged in gross into the Consolidated Fund subject to the provisions of the Financial Administration Act 2003, (Act 654).

Regulation 66—Unauthorised Deposits

(1) A deposit holder shall not demand or accept any deposit, other than deposits authorised under these Regulations.

(2) The acceptance of an unauthorised deposit is a breach of financial discipline as defined by regulation 8(1).

Regulation 67—Time-expired Deposits

(1) Unless the rules relating to a class of deposits expressly provide otherwise, a head of department shall not authorise repayment on a deposit that has been held for more than two years.

(2) Where a head of department refuses to authorise repayment on a deposit under subregulation (1), the head of department shall inform the depositor of the refusal and claim for the repayment of the deposit shall then be made to the Controller and Accountant-General.

Regulation 68—Repayment

(1) A repayment shall be effected by payment voucher authorised by the deposit holder and presented to the Controller and Accountant-General.

(2) The voucher shall quote both the original receipt on which the deposit was collected and the Controller and Accountant-General Department's receipt on which it was paid into the Consolidated Fund.

Regulation 69—Methods of Repayment

Deposits may be repaid in two ways,

(a)  by transfer of all or part of the deposit to revenue in settlement for sums due to Government from the depositor or

(b)   by repayment of all or part of the deposit to the depositor or to a third party as may be laid down in rules governing a particular deposit.

Regulation 70—Entitlement to Repayment

A repayment shall not be made to a depositor until the head of department is satisfied that

(a)  the circumstances in which the deposit was required to provide security has ceased to have effect; and

(b) all sums due to government have been duly collected or charged to the deposit by Journal Entry.

Regulation 71—Presentation of Original Deposit Receipt

(1) Where repayment in full is made to the depositor, the payee shall be identified by the surrender of the original deposit receipt, which will be endorsed as "Repaid" and attached to the payment voucher.

(2) In the case of part-payments, details of the payment voucher number and amount paid shall be endorsed on the deposit receipt, which shall then be returned to the depositor.

(3) Endorsement of the deposit receipt shall be noted on the payment voucher by the head of department or an officer appointed by the head.

Regulation 72—Other Identification of Payee

Where the original deposit receipt has been lost, or the payment is due to be made to a third party, the head of department is responsible for seeing to it that payment is made to the person entitled to receive it and the means used for identification shall be noted on the voucher.

Regulation 73—No Interest Payable

Interest shall not be payable on ordinary deposits except as may be negotiated with the Minister in line with section 8(2) of Financial Administration Act 2003, Act 654.

Regulation 74—Closure of Deposit Account

When deposits are held for two years, or such other period as may be provided for in the approved scheme, without claim for repayment being made, the head of department shall seek the authority of the Controller and Accountant-General to close the deposit account by transfer to revenue in accordance with these Regulations.

Regulation 75—Subsequent Claims

Subject to regulation 76 the closure of a deposit account shall not debar a depositor from claiming refund and such a claim shall be made to the Controller and Accountant-General.

Regulation 76—Limitation of claim Period

A claim for refund of deposit shall not be accepted after the lapse of a period of six years from the time of original deposit.

Regulation 77—Special Fund

(1) A Special Fund is a fund established under section 8 of the Financial Administration Act, 2003 (Act 654) from moneys received by or on behalf of the Government and paid out to the department responsible for the special purpose.

(2) A Special Fund shall be established by an enactment or other legal instrument approved by the Government, which shall specify the purposes of the Fund, the administering authority, amounts receivable and payable, and any special rules necessary for the transaction of business.

Regulation 78—Disbursements of Special Funds

All disbursements out of a Special Fund shall be made by authorisation of the administering authority of the Special Fund, quoting the rules governing the operation of the Fund and any rule pertaining to the particular transaction.

Regulation 79—Accounting for Special Funds

A head of department responsible for administering a Special Fund shall keep accounts of all transactions in accordance with procedures laid down in Departmental Accounting Instructions.

Regulation 80—Annual Accounts of Special Fund

(1) A head of department responsible for administering a Special Fund shall prepare an annual report and financial statements of transactions in relation to the Special Fund, which shall be separately certified by the Auditor-General.

(2) Unless the rules relating to the Special Fund require separate publication, the annual reports and financial statements of the Fund shall be included in the departmental annual statement of account prepared in accordance with section 41 of the Financial Administration Act, 2003, (Act 654).

Regulation 81—Trust Fund

(1) A Trust Fund is a Fund derived from a donation or bequest from a private person or group of persons for a public objective and for which the Government of Ghana is nominated to act as trustee.

(2) The terms of the Trust shall be laid down in a Trust Deed.

Regulation 82—Acceptance of a Trust

The acceptance of a trust by the Government shall be sought through the Minister who shall issue the formal acceptance and remit a copy of the Trust Deed to:

(a) the administering authority;

(b) the Controller and Accountant-General; and

(c) the Auditor-General.

Regulation 83—Additional Rules

Any rules required to give effect to the terms of the Trust shall be laid down in the Departmental Accounting Instructions of the administering authority.

Regulation 84—Trust Fund Investments

(1) The principal sum created by a Trust shall be invested in securities in accordance with the Financial Administration Act, 2003, (Act 654).

(2) The interest derived from the securities, and any profit or loss on sales of securities, shall accrue to the Trust Fund.

Regulation 85—No Charge for Administration

A charge shall not be raised by the government for the administration of a Trust Fund and a fee or payment shall not be made to any public officer for work done on behalf of a Trust Fund.

Regulation 86—Annual Accounts of Trust Fund

(1) A head of department responsible for administering a Trust Fund shall prepare an annual report and financial statements of its transactions, which shall be separately certified by the Auditor-General.

(2) Unless the rules relating to the Trust Fund require separate publication, the annual reports and financial statements shall be included in the departmental annual report prepared in accordance with section 41 of the Financial Administration Act 2003, (Act 654).

Regulation 87—Report to Donors and their Successors of Trust Fund

A copy of the annual report and financial statements shall be sent to the donors of the Trust, or to their heirs or successors.

Regulation 88—Sinking Fund

A Sinking Fund is a Special Fund created for the redemption of a loan, acquisition of an asset or any other related purpose by means of an annual contribution so calculated that when accumulated at compound interest over the life of the loan or the asset, the sum available shall be sufficient to redeem the loan or acquire the asset.

Regulation 89—Authority for Creation of a Sinking Fund

(1) The creation of a Sinking Fund may be authorised by Parliament in accordance with section 17(3) of the Loans Act, 1970 (Act 335) or under any other enactment and this authority shall be conveyed to the Bank of Ghana and the Controller and Accountant-General by letter which shall also specify the annual contribution and the rate of interest which is to be compounded.

(2)  A Sinking Fund once established cannot be abolished without the authority of Parliament.

Regulation 90—Administering Authority for Sinking Funds

The Controller and Accountant-General shall be the administering authority for all Sinking Funds thus established, and shall cause the approved contribution to be paid annually into the Fund.

Regulation 91—Fund to be Invested

Annual contributions to a Sinking Fund shall be invested and all interest received in respect of such investments shall be credited to the Fund.

Regulation 92—Payment from a Sinking Fund

(1) A payment shall not be made from a Sinking Fund unless the Fund is required for redemption of the relevant loan or the acquisition of the asset.

(2) Where a Fund is required under sub-regulation(1) for the redemption of a loan or the acquisition of an asset, the Controller and Accountant-General shall arrange for the sale of investments and transfer of moneys in consultation with the Bank of Ghana.

Regulation 93—Closing Adjustment

Any surplus or deficiency in the Fund after realisation of the investments shall be adjusted by payment to or from the Consolidated Fund or other Public Funds as the case may be.

PART IV—ADVANCES, LOANS AND EQUITY INVESTMENTS FROM THE CONSOLIDATED FUND

Regulation 94—Financial Assets of the Consolidated Fund

Moneys paid from the Consolidated Fund for a public purpose that

(a) requires the eventual repayment of the money into the Consolidated Fund; and

(b) results in the acquisition in any equity interest in any institutions,

shall not be charged to expenditures, but shall be advanced or lent from the Consolidated Fund and shall form a financial asset of the Consolidated Fund.

Regulation 95—Need for Proper Authority

(1) Moneys shall not be advanced or lent from the Consolidated Fund without the approval of Parliament.

(2) Advancing or lending moneys from the Consolidated Fund or from moneys due to that Fund, contrary to sub-regulation (1) is a breach of financial discipline as defined in regulation 8(1).

Regulation 96—Categories of Public Financial Business

The following categories of public financial business shall be governed by the regulations in this part:

(a)  advances which are moneys lent on condition of repayment within one year;

(b)  loans which are moneys lent on condition of repayment within periods exceeding one year; and

(c)  Equity investments which are moneys paid for stock or shares in any Institution that confers ownership rights upon the Government of Ghana.

Regulation 97—Budgetary Control of Advances, Loans and Equity Investments.

Moneys released from the Consolidated Fund, as advances or loans or equity investments, shall be subject to limits approved by Parliament in the annual budget and applied as laid down in these Regulations.

Regulation 98—Chief Authority

Subject to the directions of the government, the Minister shall be the chief authority for the issue and management of all advances, loans and equity investments of the Consolidated Fund.

Regulation 99—Need for Prior Agreement

(1) An advance or loan shall not be payable until an agreement specifying conditions and terms of recovery have been concluded between the borrower and the Government in accordance with sections 22 and 23 of the Financial Administration Act 2003, (Act 654), and shall be in the form of

(a)  a formal agreement signed by both parties in the presence of witnesses; or

(b)  a formal offer specifying conditions together with formal acceptance by the borrower.

(2) The form to be used under subregulation (1) in any particular case, if not specified by the governing enactment, shall be determined by the Minister.

Regulation 100—Responsibility for Payment

A payment in respect of an advance, loan or equity investment shall not be made until a copy of the appropriate agreement has been lodged with the Controller and Accountant-General.

Regulation 101—General and Specific Authority

(1) All advances from the Consolidated Fund shall require two authorities to give effect to a payment, namely

(a)  a general authority providing for a class of advances; and

(b) a specific authority for granting any particular advance within a class; and authority to approve a class of advances.

(2)  Any scheme for establishing a class of advances shall be submitted to the Minister who shall submit it to Parliament for approval.

(3)  A scheme shall include the following information:

(a) an explanation to show the public purposes to be served by the scheme and its estimated costs;

(b) proposed rules for operation of the scheme, specifying the terms and conditions upon which advances may be made, and the manner and period of recovery;

(c)  any interest charge to be made for the advance;

(d)  designation of the officer or officers authorized to grant and manage advances;

(e)  means of promulgating rules; and

(f)  maximum amount of advances allowed.

Regulation 102—Authority to Administer Advances

When the rules for a class of advances are approved by Parliament, the Minister may authorise a head of department to administer advances of that class, upon application by that head, showing likely receipts and payments during any one financial year.

Regulation 103—Authorised Maximum of Advances Allowed

(1) In authorizing a head of department to administer a class of advances, the Minister shall specify the maximum amount that may be advanced under that class at any time.

(2) Copies of the authority under sub-regulation (1) shall be sent to the Controller and Accountant-General and the Auditor-General.

Regulation 104—Responsibility of the Administering Authority

A head of department authorised to administer a class of advances shall ensure that

(a)  the total advances outstanding at any given time do not exceed the authorised maximum;

(b)  advances are made under proper authority to the person entitled to receive them; and

(c) advances are duly recovered in accordance with the regulations or agreements relating to them.

Regulation 105—Increase of Authorised Maximum

(1) A head of department may apply for increase of the authorised maximum of any class of advances when submitting the departmental budget estimates.

(2)  In considering an application under sub-regulation (1), the Minister shall ascertain from the Controller and Accountant-General and the Auditor-General whether the existing advances of the department concerned are being properly administered and recoveries are being promptly and fully effected.

Regulation 106—Authority to Grant Advances

(1) The authority for the grant of any specific advance shall be the Minister.

(2) Authority to administer advances does not convey authority to grant advances unless the rules pertaining to a class of advances as approved by the Minister specify otherwise.

Regulation 107—Delegation of Powers to Grant Advances

The Minister may delegate the power to grant advances to any head of department or Chief Finance Officer not below the rank of Director and the power shall be exercised personally by the specified officer.

Regulation 108—Applications by the Administering Authority

Where no delegation of authority to grant advances has been made to the head of department, applications to the Minister for the grant of any class of advance shall specify the total advance balance of that class outstanding at the date of the application.

Regulation 109—Delegation of Administering Authority

(1) A head of department may delegate responsibility for the administration of advances to the Chief Finance Officer.

(2) The Chief Finance Officer may sub-delegate responsibility to an officer of the Accounting Class of a rank that may be specified in Departmental Accounting Instructions.

Regulation 110—Records of Advances and Recoveries

A head of department, who is an administering authority for any class of advances, shall keep accounts at the departmental headquarters that show all advances and recoveries made.

Regulation 111—Responsibility for Recovery

A head of department, or the officer to whom the duties of the head of department have been delegated in accordance with regulation 109 (delegation of administering authority), shall ensure that advances issued are duly recovered in accordance with the appropriate agreement.

Regulation 112—Methods of Recovery

Advances may be recovered by any of the following methods:

(a)  deduction from payments due from Government to the borrower;

(b)  direct payment to the Government by the borrower or the borrower's proxy;

(c)  recovery from the borrower's estate; or

(d)  any other means which may appear to be feasible.

Regulation 113—Deductions from Salary

(1) Recoveries from official salaries shall commence from the salary of the next complete month after the month in which the advance was made.

(2)  A head of department shall ensure that deductions made from salaries are paid directly into the Consolidated Fund unless otherwise stated in the agreement covering the advance.

Regulation 114—Duty to Report Non-deduction

(1)  The duty of the head of department to deduct advance recoveries from salary payments will not diminish the responsibility of a public officer, who has received an advance, to repay it according to the agreement and to report any failure to make deductions from salary when due.

(2) Failure by the beneficiary to report the absence of deduction is a breach of financial discipline as defined in regulation 8(1).

Regulation 115—Conditions for Grants of an Advance

(1)  An advance payment to a public officer shall not be made under these Regulations if

(a)  any advance of the same class in the name of the public officer has not been fully repaid;

(b)  any advance of any class in the name of the public officer is not being regularly recovered;

(c) any advance is outstanding against the officer on account of losses, uncleared cheques or unretired imprest; and

(d) the normal installment of recovery shall cause total advance deductions to exceed 50 per cent of net monthly salary after tax or other statutory deductions.

(2) The authority to pay an advance issued under these regulations shall contain a certificate that the officer granting the advance is satisfied that none of the conditions under subregulation (1) apply to the person receiving the advance.

Regulation 116—Recovery on Leaving the Service

The outstanding balance of any advance to a public officer becomes a debt to government and is fully recoverable, at the date of the public officer leaving the service, and shall be aggregated with other debts due to government as provided for in Departmental Accounting Instructions.

Regulation 117—Transferred Officers

(1) The balance of an advance due from an officer who is transferred to another department shall be reported to the head of the new department as required by Departmental Accounting Instructions.

(2) The balance of any advance outstanding in the public officer's name shall be treated as an inter-departmental payment.

Regulation 118—Advances Arising from Losses

In the determination of liability of an officer responsible for a loss, an advances account shall  be opened in the officer's name and subsequent investigations shall be conducted in accordance with Part IX (Losses) of these Regulations.

Regulation 119—Responsibility for Administration

(1) A head of department shall be

(a)  the administering authority for all loss advances,

(b)  responsible for opening and clearing accounts relating to losses incurred by the staff of the department.

(2) The Controller and Accountant-General shall notify all heads of departments of the account numbers to be used for losses.

Regulation 120—No Authorized Maximum

(1) Losses shall be charged to Advance Account as the need may arise and shall not be restricted by an authorised maximum as required by regulation 130 (authorized maximum of advances).

(2)  A head of department shall report to the Minister whenever the losses of the department in any financial year exceed the forecast given under Part III of the Financial Administration Act, 2003 (Act 654), and explain the circumstances.

Regulation 121—Advances to Contractors

(1)  Advances to Contractors shall belong to a general class of advances as under regulation 101.

(2)  This class of advances is provided for the purposes of facilitating the work of Ghanaian contractors by assisting in the finance of works carried out on behalf of Government.

Regulation 122—Advance under Contract

(1) An advance shall not be made to a contractor except in accordance with the terms of the contract signed between the Government and the Contractor.

(2) A contract under sub-regulation (1) shall satisfy the requirements of regulation 99 (Need for prior agreement) and no separate advance agreement shall be required.

Regulation 123—Authority for Inclusion of Advance Provisions

A provision relating to an advance shall not be included in any contract without the prior approval of the government acting through the Minister.

Regulation 124—Advance other than Cash

An advance in a contract shall not be made in the form of stores, equipment or service unless the contract agreement provide for the determination of prices of these stores equipment or services to be charged to the contract.

Regulation 125—Recoveries to be Deducted and Final Payments

(1) Recoveries in respect of contract advances shall be made from the contract payments by the head of department.

(2) A final payment on a contract shall not be made until the head of department has confirmed that no balance of an advance is outstanding and shall certify this on the voucher for final payment.

Regulation 126—Statutory Deductions

In all cases of contract payments, unless otherwise stated in the contract agreement, taxes shall be deducted in accordance with the relevant enactments on taxes.

Regulation 127—Budgetary Authority

(1)  The authority of the Minister shall be required for any service undertaken by a department on behalf of another institution.

(2)  An authority under subregulation (1) shall specify the terms and conditions upon which the service may be performed, including the collection of any charge for the service and the authority shall be quoted on all authorities to pay an advance and all payment vouchers.

Regulation 128—Claims for Recovery

Where there is a need for reimbursement for any service rendered under regulation 127, the appropriate head of department shall promptly issue claims for reimbursement in accordance with the terms of the governing agreement, supported by such detail of the original payment as may be required by the institution concerned and specified by the agreement.

Regulation 129—Annual Reports

A head of department shall include a statement of services performed on behalf of other agencies in the department's annual statement of accounts submitted in accordance with section 41 of the Financial Administration Act, 2003, (Act 654).

Regulation 130—General or Specific Loans

Loans from the Consolidated Fund shall be either

(a) general classes of loans, issued in accordance with an approved loan scheme, or

(b) Specific loans to be approved by Parliament as a matter of policy in particular cases.

Regulation 131—General Classes of  Loans

A general class of loans shall be approved, administered and accounted for according to the procedures for loans as laid down by these Regulations and the accounting manual.

Regulation 132—Specific Loans

(1) A specific loan shall be sought through the Minister and shall require the approval of Parliament

(2)  An approval under sub-regulation (1) shall be sought in two stages namely

(a)  authority to negotiate a loan; and

(b)  approval of the loan agreement.

Regulation 133—Authority to Negotiate a Loan

(1) Proposals for the granting of a specific loan shall be submitted together with recommendations relating to the terms and conditions to be negotiated.

(2) Authority to negotiate may be given together with any directions of the Government regarding terms and conditions to be included in the agreement.

Regulation 134—Approval of a Loan Agreement

(1)  Loan agreements shall be drawn up in consultation with the Attorney General.

(2) The agreement shall contain a clause that its terms are subject to ratification by Parliament after signature by both parties.

(3) Upon approval of a loan agreement by parliament the Minister shall endorse the agreement accordingly and the loan shall then be payable.

(4) A copy of the approved agreement shall be forwarded to the Controller and Accountant-General, with a copy to the Auditor-General.

(5) The authority responsible for administering a specific loan shall

a)  make payment of the loan

b)  secure the due and timely collection of interest and observance of any other condition and

c)  secure the due and timely recovery of the loan, in accordance with the ratified agreement.

Regulation 135—Payment of Loan

The Agreement for the loan shall contain the modalities for its payment.

Regulation 136—Failure to Pay Interest or Repay Principal

The administering authority shall report any failure on the part of the borrower to pay interest or to repay principal by due date, to the Minister.

Regulation 137—Penalty

Unless the terms of the agreement prescribe some other penalty, any interest unpaid shall be added to the principal sum loaned, and interest at the prescribed rate shall be charged on the total sum.

Regulation 138—Submission of Borrower's Accounts

A borrowing institution shall submit its annual audited accounts to the Minister, the Controller and Accountant-General and the Auditor-General.

Regulation 139—Statement of Public Accounts

(1) The Controller and Accountant-General shall, in the Public Accounts rendered in accordance with section 41 of the Financial Administration Act, 2003 (Act 654), include detailed statements of loans from the Consolidated Fund as follows:

a)   in the case of general classes of loans, an aggregated statement of loans of each class; and

b)  in the case of specific loans, a detailed statement of each loan, quoting the original agreement and the balance of principal outstanding at the close of each financial year.

(2) In the report, the Controller and Accountant-General shall draw attention to any failure to recover interest or principal.

Regulation 140—Investment Proposals

(1) Proposals for the establishment or purchase of stock or shares in any institution shall be submitted for approval to the Minister quoting the appropriate enactment.

(2) The proposals shall give such information as the Minister may require and shall include copies of any prospectus, accounts or investigation of the financial affairs of the institution concerned and must indicate the proportion of the equity to be acquired.

Regulation 141—Approval of Investment

If a proposal for investment is approved, the Minister shall inform the Controller and Accountant-General of the proposed purchase, designate the administering authority and forward a copy of any agreement made in connection with the acquisition to the Controller and Accountant-General and to the Auditor-General.

Regulation 142—Responsibility of the Administering Authority

The authority administering an equity investment shall

(a)  subject to any direction of the Government, act on its behalf in the exercise of ownership rights;

(b)  protect the public interest in the operation of the institution concerned;

(c)  receive the accounts of the institution concerned and draw the attention of the Government to any matters arising;

(d)  lodge and keep stock and share certificates in safe custody; and

(e)  ensure the due collection of dividends and their lodgement into the Consolidated Fund.

Regulation 143—Acquisition of Shares

The administering authority of an equity investment shall be responsible for arranging for the payment of stocks or shares through the Controller and Accountant-General.

Regulation 144—Certificate of Shareholding

(1) As soon as the stock or share certificates have been received, the administering authority shall forward

(a) the original Certificate of Holding to the Minister; and

(b) copies to the Controller and Accountant-General and the Auditor-General.

(2) The share held shall be checked on the last working day of each subsequent financial year by the administering authority and a new Certificate of Holding where applicable shall be forwarded to the Minister and Controller and Accountant-General and the Auditor-General.

Regulation 145—Report to the Minister on Equity Investments

The administering authority shall report to the Minister

(a) a forecast of dividend to be included in Consolidated Fund Revenue each year;

(b) any failure of the institution to present annual audited accounts;

(c) information on distribution of profits;

(d) Any delay in declaration and payment of dividends;

(e) any shortfall in profits and the reasons for it;

(f) any unsatisfactory features of the institution's operations likely to endanger Government's investment; and

(g) any directions or representations made to the institutions in the capacity of owner.

Regulation 146—Annual Accounts

(1) The administering authority shall ensure that copies of the annual audited accounts are forwarded to the Controller and Accountant-General and to the Auditor-General.

(2) The administering authority shall confirm to the Minister that Government's interest is correctly reflected in the accounts of the institutions concerned and in the public accounts, and shall report any unsatisfactory features, reflected in the accounts.

Regulation 147—Annual Reports

The administering authority shall include a report on the operation of equity interest in the annual report submitted in accordance with section 41 of the Financial Administration Act, 2003, (Act 654).

Regulation 148—Statement of Equity Interests in Annual Accounts

(1) The Controller and Accountant-General shall include a statement of all Government Equity interests in the Annual Statement of Accounts submitted in accordance with section 41 of the Financial Administration Act 2003, (Act 654).

(2) The statement shall show in respect of each institution

(a) the full title of the institution;

(b) the administering authority;

(c) the form and value of Government's investment;

(d) the proportion of the equity held; and

(e) the date of the latest annual audited accounts received from that institution.

PART V—REVENUE AND EXPENDITURE

Regulation 149—Authority of the Minister

Subject to the provisions of any enactment or to the directions of the Government, the Minister responsible for Finance shall be the chief authority responsible for the planning, determination, and allocation of resource, preparation, publication, implementation, monitoring, evaluation and control of the national Budget.

Regulation 150—Budget Committees

Every head of department shall establish a budget committee which shall be made up of

(a) The head of department, who shall be the chairperson; and

(b) Heads of Budget Management Centres or Cost Centres (A Budget Management Centre is a unit responsible for budget formulation, implementation, monitoring and evaluation).

Regulation 151—Responsibilities of Budget Committees

A budget committee shall

(a)  review and formulate the strategic plans based on the policies of government:

(b)  review departments revenue collecting activities.

(c)  allocate resources based on objectives, outputs and activities;

(d) coordinate, and consolidate the budget;

(e)  monitor and evaluate budget performance; and

(f) report in accordance with these regulations.

Regulation 152—Budget Circular

(1) The Minister shall not later than eight months before the end of each financial year submit a Budget Framework Paper to the Office of the President outlining the draft preliminary constraints for the next budget period.

(2) The Minister shall not later than six months before the end of each financial year issue a budget circular detailing out the timetable for the preparation and submission of the government’s macro economic policy statement and budget for such period as shall be determined by the President in accordance with article 179 of the Constitution and which shall be followed by all departments.

(3) The Budget circular shall specify the sectoral and ministerial constraints within which heads of departments will prepare their budget submissions.

Regulation 153—Budget Instructions

The Minister shall issue instructions concerning

(a) the form of budgetary documents and statements;

(b) classification of budgetary transactions,

(c) information to be submitted in support of budgetary proposals by heads of departments;

(d) costing of activities; and

(e) procedures to be followed by budget committees in preparing, submitting and implementing the budget.

Regulation 154—Supplementary Instructions by Ministries

Every Principal Spending Officer shall within the provision of the budget circular, and in conformity with any direction of the Government for that Ministry, issue a circular to all heads of departments under that officer's control to direct attention to that Ministry's policy and to any special procedural arrangements required.

Regulation 155—Departmental Budget Instructions

Every head of department under the control of a Principal Spending Officer, in consultation with budget committees, shall determine the procedures necessary for preparation of departmental estimates in conformity with budget guidelines and shall notify them in the Departmental Accounting Instructions prepared in accordance with regulation 4.

Regulation 156—Submission of Budget Proposals

(1) Budget proposals from a head of department shall be routed through the sector ministry to the Minister.

(2) Budget proposals from other agencies under the Office of the President shall be routed through the Office of the President to the Minister,

(3) Budget Proposals from statutory agencies that are required to submit their budgets to the President shall be submitted as such.

(4) This does not apply to special agencies as defined under article 179 (2) of the Constitution of the Republic of Ghana unless a specific alternative procedure has been approved by the Minister.

Regulation 157—Examination of Budget Proposals

(1) The Minister may require any budget proposals to be examined and reported on by any other agency of Government and may issue directions for the routing of submissions accordingly.

(2) Any officer of an examination agency under subregulation (1) shall for the purposes of the examination be deemed to have been appointed by the Minister in the exercise of the authority specified in these Regulations.

Regulation 158—Provision of Information

(1) The Minister may call for any information that is required for the proper discharge of the Minister’s responsibilities from a department and the information shall be promptly and correctly given.

(2) A person who fails under subregulation (1) to provide information, or submits information which that person knows to be misleading or incorrect, is in breach of discipline as defined in regulation 8(1).

Regulation 159—Consolidated Fund Revenue Estimates

(1) Consolidated Fund Revenue includes Tax Revenues and Non-Tax Revenues as defined in these Regulations.

(2) In estimating Consolidated Fund Revenue for a budget period, a head of department shall

(a) identify all activities that already generate revenue;

(b) identify all activities that have the potential to generate revenue;

(c) estimate the frequency of these activities and calculate the revenue arising from these activities and

(d) produce a monthly forecast identifying when revenue flows are projected to take place.

(3) The head of department in estimating Consolidated revenue in sub-regulation (2) shall examine the administrative efficiency of collection, the accuracy of past estimates and the relevance of rates and charges to current economic conditions or financial policies.

(4) Estimates for the budget year shall be based on Current rates or charges and proposals for change of rates or charges shall indicate the revenue effects of such changes.

(5) All agencies that have legislative approval to retain and utilize portions of their Internally Generated Fund shall be required to project these resources as part of their annual Non-Tax Revenue estimates.

Regulation 160—Consolidated Fund Expenditure Estimates

(1) In estimating Consolidated Fund Expenditure for a budget period, a head of department shall

(a) take into consideration the Government's macro-economic framework, Government resources and priorities, and any ceilings approved by Cabinet,

(b) prepare a strategic plan which shall include a definition of the department's mission, goals, objectives, outputs and activities;

(c) cost and prioritise the activities of the department taking into consideration the resource ceiling;

(d) prepare the budget statement in accordance with Part V of these Regulations; and

(e) prepare cash forecast identifying when expenditure outflow is projected to take place.

(2) A head of department, in estimating expenditure, shall consider expenditure, which contributes to the production of the required output and desired policy outcome.

(3) An agency that has legislative approval to retain and utilize portions of its Internally Generated Fund shall programme the use of that Fund as part of its expenditure budget.

Regulation 161—Budget Hearing

(1) On receipt of estimates from departments, the Minister shall cause to be conducted Budget hearings to review strategic plans and estimates of the departments concerned in order to ensure that these plans and estimates are in accordance with the Government's macroeconomic policy framework.

(2) Where necessary, the Minister may require a department to make adjustments to its strategic plans and estimates in order to fulfil the requirements of the Government's macro-economic policy and budget framework.

Regulation 162—Revenue Collections

(1) Revenue collections shall be started from the first working day of the financial year.

(2) New rates or charges become effective from the date specified in the amending enactment or any other instrument authorizing the change.

Regulation 163—Release of Funds to meet Expenditure Warrant

(1) After Parliament has approved the Budget Estimates, authority to

(a) commit funds is conveyed to departments by the issue of warrants signed by the Minister on behalf of Government and copied to the Controller and Accountant General;

(b) disburse funds to meet expenditure is conveyed by the issue of cash release instructions signed by the Minister on behalf Government to the Controller and Accountant-General,

(2) Upon the issue of a Warrant, the authority conveyed by a Provisional Warrant shall lapse, and all expenditure made under the Provisional Warrant shall be deemed to have been made under the authority of the Warrant.

Regulation 164—Provisional Warrant

(1) Where the estimates are not approved before the first working day of the financial year, the President, by Provisional, Warrant and with approval of Parliament, shall authorise the withdrawal from the Consolidated Fund of moneys of an amount not exceeding, one-quarter of the amount included in the draft estimates.

(2) Moneys withdrawn under sub-regulation (1) shall be for the purpose of meeting expenditure on Government programmes and activities in respect of the period expiring

(a) three months from the beginning of the financial year; or

(b) immediately before the approval of the Consolidated Fund Expenditure Estimates,

whichever is earlier.

Regulation 165—Release of Funds

(1) Release of Funds to the departments shall be in accordance with warrants issued by the Minister or the Minister's authorised representative with copies to the Controller and Accountant-General.

(2) The Minister shall issue cash release instructions to the Controller and Accountant-General for the transfer of cash to the Operational Bank Accounts of departments.

(3) Without prejudice to the above provision, where a revote has been approved, disbursements may be done in arrears.

Regulation 166—Audit Copies

Copies of all warrants and cash release instructions issued to departments shall be sent to the Auditor General or Regional and District representatives or to both as appropriate.

Regulation 167—Authority for Other Receipt and Payment Transactions

A specific annual authority is not required for transacting other classes of public financial business that are governed by appropriate enactments, regulations or agreements.

Regulation 168—Budgetary Control

A head of department shall exercise budgetary control over the activities of the department in accordance with these Regulations and the procedures for budgetary control shall be stated in the Departmental Accounting Instructions for each department,

Regulation 169—Warning of Budget Variation

(1) A head of department shall inform the Sector Minister or appropriate authority immediately of any circumstances that are likely to affect materially the budgetary results either through revenue and expenditure or other receipts and payments of the department.

(2) The Sector Minister or the appropriate authority shall take the necessary steps to bring to the notice of the Minister any warnings of significant or material budget variations.

Regulation 170—Revenue and Expenditure According to the Estimates

(1) Revenue and expenditure estimates as approved by Parliament shall be arranged according to the Government of Ghana Budget Classification or Chart of Accounts as well as any other classification approved by the Minister.

(2) Expenditure of a department shall not exceed the expenditure estimates in the budget approved by Parliament.

Regulation 171—Virement

(1) Where circumstances arise in which the operating requirements of a department make it necessary to rearrange the budget provision for sub-heads, items or sub-items or sub-sub-items within the ambit of a single head, savings under one classification may be utilised to provide for extra expenditure under another without affecting the total funds to be disbursed from the head.

(2) Re-arrangement or reallocation of budget provision under subregulation (1) is known as virement and may be approved as follows:

(a) Sector Ministers may authorise virements within administrative expenditure or within service expenditure;

(b) under no circumstance shall expenditure under personal emoluments be vired for other purposes without the approval of the Minister; and

(c) virement between items of expenditure can only be done with the approval of the Minister.

(3) The Minister may delegate the power to authorise virements to a head of department, stating clearly the terms and extent of such delegation.

Regulation 172—Revised Budget Estimate

(1) During the course of the financial year, the Minister, under the authority of the President, shall review the budget.

(2) Where in the course of the review it is found that the amount of moneys appropriated by the Appropriation Act for any purpose is insufficient or that a need has arisen for expenditure for a purpose for which no sum of money has been appropriated by that Act, supplementary budget estimates showing the sum of money required, shall be laid before Parliament for approval.

Regulation 173—Content of Revised Estimates

A Revised Estimates shall contain

(a) a statement of any increase or decrease of revenue and expenditure estimated for the financial year;

(b) comments of the Sector Minister on the revised estimates;

(c) comments of the Minister; and

(d) statement of supplementary estimates required for planned activities.

Regulation 174—Supplementary Provision for Existing Activities

(1) If a head of department considers it likely that the funds provided for existing activities for the financial year will prove insufficient the head shall prioritise the activities of the department and ensure that only the critical activities are considered first.

(2) Where prioritising shall jeopardise the production of some essential outputs, the head of department shall forward Supplementary estimates to the Sector Minister, who shall make any necessary comments on the supplementary estimates before forwarding it to the Minister.

Regulation 175—Supplementary Provision for new Activities

(1) Subject to subregulation (2), approval for the introduction of new activities shall only be considered when introduced in the annual estimates in accordance with the procedure laid down in section 25 of the Financial Administration Act, 2003, (Act 654) and these Regulations.

(2) If the Government considers the introduction of new activities at an earlier date to be in the public interest, the Minister shall sign a certificate of urgency to be submitted with the application to Parliament.

(3) The accompanying memorandum shall indicate the reasons for issue of the certificate of urgency.

Regulation 176—Supplementary Provision Arising from Increase in Costs of Activities

(1) If additional funds are required because of increased activity costs that could not be foreseen when the annual estimates were presented, application for supplementary estimate shall be made to the Minister through the sector Minister or appropriate authority.

(2) The accompany memorandum shall explain the circumstances in which the extra costs have arisen.

Regulation 177—Notification of Revised Estimates

(1) After parliamentary approval, revised estimates shall be communicated to the Controller and Accountant-General, the Auditor-General and the department concerned.

(2) The funds shall be disbursed to the beneficiary department in accordance with the provisions of the financial Administration Act, 2003, (Act 654).

Regulation 178—Evasion of Expenditure Control

(1) A head of department shall not vary the normal course of payment to avoid causing an excess on any item of expenditure or to avoid lapse of funds and in particular shall not

(a) make payments in advance for goods or services to be delivered in the subsequent financial year;

(b) place funds on deposit, with a service provider or any other agency to avoid the consequences of lapse of funds.

(2) Failure to comply with subregulation (1) is a breach of discipline as defined in regulation 8(1).

Regulation 179—Double Spending

(1) Except as provided for in the Financial Administration Act, 2003, (Act 654), and these Regulations, a head of department may not authorise payment to be made out of funds earmarked for specific activities for purposes other than those activities.

(2) A person who makes a payment contrary to subregulation (1) is in breach of financial discipline as defined in regulation 8(1).

Regulation 180—Reporting Budgetary Progress

A head of departments shall not later than fifteen working days after the end of each quarter, send budgetary control reports set out on monthly basis through the Sector Minister or appropriate authority to the Minister.

PART VI—GOVERNMENT STORES

Regulation 181—Meaning of Government Stores

(1) Government stores are made up of supplies of consumable and non consumables which are received, stored and available for issue.

(2) Government stores must

(a) be physically visible, movable and not issued out for use, and

(b) not include scraps, obsolete items and unserviceable items.

Regulation 182—Management of Government Stores

(1) The acquisition, receipt, custody, control, issue and disposal of Government stores shall be in accordance with the provisions of these regulations, the Financial Administration Act 2003, (Act 654) and the Public Procurement Act, 2003, (Act 663) and any regulation made under Act 663.

(2) Subject to sub-regulation (1) the Minister may give general directions in writing to the Procurement Board on matters relating to Government stores under Act 663.

Regulation 183—Financial Management Implications

(1) Any officer responsible for the financial management of a department shall ensure that acquisition of government stores are made and applied to public purposes in the most economical way.

(2) Subject to the provisions of any enactment, a head of department shall be the chief authority in relation to the procurement and use of government stores.

(3) A head of department shall be accountable for the proper care, custody and use of Government stores from the time of acquisition until they have been used or otherwise disposed off in accordance with these Regulations.

(4) A department shall procure government stores from only Value Added Tax (VAT) registered persons or entities and any department that requires an exemption for any specific case shall apply to the Minister with the necessary justification.

PART VII—PREPARATION AND AUDIT OF ACCOUNTS

Regulation 184—Public Accounts

The documents and records pertaining to Public and Trust Moneys received into, held in and paid from the Consolidated Fund shall be termed the public accounts and shall be kept by the Controller and Accountant-General in accordance with Part V of the Financial Administration Act, 2003 (Act 654).

Regulation 185—Other Government Accounts

The documents and records pertaining to the collection of revenue, the control of expenditure, the administration of Trust Funds, management of public stores and such other financial business as may be made the responsibility of a Government department shall be termed other government accounts and shall be kept by a head of department in accordance with Part V of the Financial Administration Act, 2003 (Act 654).

Regulation 186—Basis of Accounts

The Public Accounts and other government accounts shall generally be prepared on Accrual basis except that the specific basis and procedures for preparing the accounts shall be determined by the Controller and Accountant-General.

Regulation 187—Classification of Public Accounts

The Controller and Accountant-General shall prepare the Public Accounts which shall be classified and arranged in accordance with the Government of Ghana Budget Classification or Chart of Accounts.

Regulation 188—Monthly statement of Public Accounts

Within a period of fifteen days, or such other period as Parliament may by resolution appoint, after the end of each month, there shall be prepared and transmitted to the Auditor-General and the Minister by the Controller and Accountant-General in respect of the month, the Public accounts which shall be published in the Gazette and shall comprise

(a) a balance sheet showing the assets and liabilities of the Consolidated Fund as at the end of the month;

(b) a statement of revenue and expenditure of the Consolidated Fund for the month;

(c) a statement of receipts into and payment from the Consolidated Fund for the month and for the financial year up to the end of that month as compared with the budgetary estimates for the year;

(d) a statement of revenue and expenditure of retained Internally Generated Fund by the departments;

(e) cash flow statement of the Consolidated Fund for the month; and

(f) notes that form part of the accounts.

Regulation 189—Submission of Monthly Revenue and Expenditure Statements

(1) A head of department shall submit monthly statement of revenue and expenditure to the Controller and Accountant-General.

(2) The form of a monthly statement shall be provided for in the Departmental Accounting Instructions and shall include a statement of

(a) expenditure against warrants for the month;

(b) Non-Tax Revenue collected and paid into the Consolidated Fund; and

(c) revenue and expenditure of retained Internally Generated Fund.

Regulation 190—Annual Statement of a Department

Within a period of three months, or such other period as Parliament may by resolution appoint, after the end of each financial year, the head of each department shall prepare and transmit to the Auditor-General, the Minister and the Controller and Accountant-General in respect of the financial year, accounts of the department which shall comprise

(a) a balance sheet showing the assets and liabilities of the department as at the end of the year;

(b) a statement of revenue and expenditure for the year;

(c) a cash flow statement of the department for the year; and

(d) notes that form part of the accounts which shall include particulars of the extent to which the performance criteria specified in the estimate in relation to the provision of the department's out-put were satisfied.

Regulation 191—Annual Statements of the Public Accounts

Within a period of three months, or such other period as Parliament may by resolution determine, after the end of each financial year, there shall be prepared by the Controller and Accountant-General and transmitted to the Auditor General and the Minister in respect of the financial year, the public accounts which shall comprise

(a) a statement of the financial assets and liabilities of the Consolidated Fund at the close of the financial year, annotated with such qualifying information as may affect the significance of figures shown in the statement,

(b) a summary, statement of the receipts into and payments from the Consolidated Fund in comparison with the budget summary for the financial year;

(c) a statement of the revenue and expenditure for the financial year in comparison with the approved and revised estimates for the year,

(d) a statement of transactions during the year and an analysis of the position at the end of the year for

(i) the public debt;

(ii) deposits and other trust moneys;

(iii) the securities of government;

(iv) advances;

(v)  public loans;

(iv) equity investments of the Consolidated Fund;

(v)  a cash flow statement of the Consolidated Fund for the year; and

(vi) such other statements as may be required by any enactment.

Regulation 192—Failure to Provide Financial Statements

(1) The Controller and Accountant-General shall include in the report under regulation 191 details of heads of departments who fall to submit financial statements of their departments in accordance with the provisions of Part V of the Financial Administration Act, 2003, (Act 654).

(2) A head of department who fails to submit financial statements of the department is in breach of financial discipline as defined in regulation (8)(1).

Regulation 193—Closure of Accounts

(1) At the close of business of the last working day of each month or financial year, whichever is applicable, the accounts shall be balanced off.

(2) The receipts and payments that belong to a period or a financial year other than the reporting period or financial year, shall be shown in the accounts and the details shall be given in the notes in accordance with regulations 187 and 188.

(3) Except as provided for in any enactment, no moneys shall be transferred from the appropriation to

(a) a deposit account; or

(b) to any other agency

for the purpose of meeting payments after the close of a financial year.

(4) Where any payment has been properly charged to an advance account before the end of the financial year, or has been incorrectly charged to an appropriation account, the Controller and Accountant-General may adjust the payments to the correct appropriation account after the end of the financial year as if the expenditure authorities had not lapsed.

(5) As soon as possible and in any case not later than 30 days after the end of the financial year, the Controller and Accountant-General shall inform heads of departments of the date of final closure of the accounts and heads of departments shall ensure that their own accounts are in agreement with the public accounts before the date of final closure.

(6) Closing the public accounts for any financial year shall conclude the accounting for that year and no further adjustment shall be made to them.

(7) Closure of the public accounts shall not debar any claim, proceedings or transactions arising from the closure and any transaction or adjustment arising from closed accounts shall be recorded in the public accounts of the year in which such transaction or adjustment is made.

Regulation 194—Deletion from the Accounts

(1) The Controller and Accountant-General shall annually review the account balances of the balance sheet items in the public and other government accounts and make proposals to the Minister for deletion or adjustments subject to Parliamentary approval.

(2) Deletion from the accounts does not constitute a remission of an obligation, debt or claim and does not debar subsequent proceedings for recovery, should the Minister consider it necessary.

(3) The obligations, debt and claims deleted from the accounts shall be reported in financial statements.

Regulation 195—Financial Year

The financial year of Government shall extend from the first day of January until the thirty first day of December in each year.

Regulation 196—Audit of Accounts

(1) The public accounts, the accounts of departments and statutory corporations and other public institutions provided for by the Financial Administration Act, 2003 (Act 654) shall be audited in accordance with the provisions of the Audit Service Act, 2000 (Act 584) and Regulations made under that Act.

(2) The responsibility of the Auditor-General for examining and certifying government accounts does not relieve any officer responsible for keeping and rendering such accounts from the duty to comply and to ensure that subordinates comply, with the provisions of any enactment, these Regulations and with any instructions or directions issued under them.

(3) Internal audit functions of a department shall be regulated by the provisions of the Internal Audit Agency Act, 2003 (Act 658), and any other enactments for the time being in force.

(4) Every department shall as part of its accounting and auditing functions establish an Audit Report Implementation Committee in accordance with section 30 of the Audit Service Act 2000 (Act 5 84).

Regulation 197—Special Department Accounting Forms

The Controller and Accountant-General shall approve any special department accounting forms that may be required for the department's business.

FINANCIAL CONTROLS

Regulation 198—Security of Signatures

Any officer signing any document or record pertaining to accounts shall ensure that the document or record is signed in such a way as to preclude subsequent alteration or addition to the information contained in the document or record.

Regulation 199—Signing Blank

(1) An officer shall not sign any incomplete document or record pertaining to accounts.

(2) The signing of a document contrary to sub-regulation (1) is a breach of financial discipline as defined in regulation 8(1).

Regulation 200—Signing Blind

(1) An officer signing any document or record pertaining to accounts shall ensure that it is proper to sign the document or record, and the signature shall be evidence of the officer accepting responsibility of the propriety of the document or record.

(2) The signing of a document or record without adequate evidence of the propriety of the document or record constitutes negligence, and disciplinary action shall be taken accordingly.

Regulation 201—Duty to Report Irregularity

(1) Any officer who discovers a financial or an accounting irregularity on the part of another officer shall report the matter in writing to a senior officer.

(2) An officer who fails to report a financial or an accounting irregularity under sub-regulation (1) commits an offence and is liable to prosecution under section 62 (1) of the Financial Administration Act, 2003 (Act 654).

Regulation 202—Supply of Account Books and Forms

An officer responsible for keeping financial and accounting records in accordance with regulation 1 shall ensure that the necessary books and forms for the purpose, are provided but the non-availability of the books, and forms shall not relieve the officer from responsibility.

Regulation 203—Review of Accounting Systems

(1) A head of department who is satisfied that it is necessary to introduce special accounting systems in the department, shall apply to the Controller and Accountant-General for a systems review to be conducted in order to determent the most suitable system to be used.

(2) Any new accounting system shall include the detailed control arrangements to be applied to ensure the integrity of the financial statements.

(3) Any new accounting system introduced shall be consistent with the provisions of Part V of the Financial Administration Act, 2003, (Act 654).

Regulation 204—Restricted use of Green Ink

Except for an officer of the Audit Service no officer of any department shall use green ink or pencil in recording any official financial transaction.

Regulation 205—Use of Indelible Ink and Prohibition of Alterations

(1) Accounting records and documents shall be written in indelible ink.

(2) An entry in an accounting record or document shall not be erased or altered by writing over

(3) A person who contravenes sub-regulations (1) or (2) is in breach of financial discipline.

Regulation 206—Amendment of Figures

An incorrect figure in a document may be amended by ruling a single line through it, in such a way that the original entry may be clearly read, and the correct figure inserted above the original entry and the officer signing or certifying the document shall initial the amended entry.

Regulation 207—Alteration of Audited Figures

(1) An amendment or adjustment shall not be made to audited figures without the express permission in writing of the Auditor General or a representative of the Auditor-General.

(2) The making of an amendment or adjustment contrary to sub-regulation (1) is a breach of financial discipline as defined in regulation 8(1).

Regulation 208—Fraction of one Cedi

For the purpose of keeping public and other government accounts and preparing financial statements in accordance with the provisions of the Financial Administration Act, 2003 (Act 654), all pesewas shall be rounded upwards to the nearest Cedi.

PART VIII—VALUE BOOKS

Regulation 209—Definition of Value Books

(1) The term "Value Book" applies to any official form, book, or any electronic device used in public financial business, the improper use of which might occasion loss of public or trust moneys or loss to members of the public.

(2) Value Books include the following:

(a) official receipt documents, whether in the form of books, tickets or disc;

(b) cheque books;

(c) local purchase order forms,

(d) requisition and bill books where these form part of a standardized system as approved in Departmental Accounting Instructions;

(e) travel warrants, and

(f) any other form which the Controller and Accountant General may declare to be a value book.

Regulation 210—Security Printing

(1) Value Books shall be printed under conditions of security that, in the opinion of the Controller and Accountant-General, preclude the printing and supply of unregistered forms.

(2) The Controller and Accountant-General shall periodically review

and update the security features of Value Books that are susceptible to illegal duplication.

(3) Value Books and forms shall for the purpose of records and control be identified by pre-printed serial numbers.

Regulation 211—Responsibility of the Controller and Accountant-General

(1) The Controller and Accountant-General is responsible for approving the form and content of Value Books and ordering supplies of Value Books from the printers.

(2) The Controller and Accountant-General shall issue a guide to Value Books for use by departments. The guide shall list and explain the use of current forms.

(3) The Controller and Accountant-General shall in consultation with the head of a department establish stock levels of Value Books to be printed for the use of the department.

Regulation 212—Delegation by the Controller & Accountant-General

The Controller and Accountant-General may, delegate the responsibility for ordering supplies of value books from printers and establishing stock levels of Value Books for the use of a department.

Regulation 213—Printing and Supply of Cheques

Unless otherwise directed by the Minister, regulations 211 and 212 shall not apply to the printing and supply of cheque books, which are the responsibility of the banks, and requisition of cheque books shall be made in accordance with these Regulations.

Regulation 214—Responsibility of Heads of Departments

(1) A head of department shall ensure the effective and efficient control of stocks of value books.

(2) Value Books stock control procedures shall be included in the Departmental Accounting Instructions

(3) Failure to maintain adequate stock levels if the failure results in disruption of public financial business is a breach of financial discipline as defined in regulation 8(1).

Regulation 215—Custody of Value Books

A person to whom Value Books are issued shall be personally responsible for the custody of the Value Books.

Regulation 216—Duration of custody

(1) A stockholder of Value Books is responsible for the custody of value books until receipt of the books have been duly acknowledged by another stockholder or user.

(2) Any loss in transit shall be immediately reported to the issuing stockholder who shall be responsible for dealing with the loss in accordance with these Regulations.

Regulation 217—Defective Books

(1) Value books received, whether by post or direct delivery, shall be examined for defects in printing, numbering and paging.

(2) Any Value Books found defective shall be returned to the issuing stockholder, who shall return them to the main stockholder.

(3) A main stockholder who receives returned Value Books under sub-regulation (2) shall be responsible for notifying the printer of defective deliveries, and making claims for reimbursements in respect of faulty printing.

(4) The Auditor General shall be informed of any reports or claims under sub-regulation (3).

Regulation 218—Loss of Value Books

(1) If any Value Book is lost, the officer immediately responsible for custody shall report the loss to the issuing stockholder who shall be responsible for initiating a loss report in accordance with Part IX of these Regulations.

(2) Failure to report a loss of a Value Book is a breach of financial discipline as defined in regulation 8(1).

Regulation 219—Notification to the Public

(1) Where the circumstances of the loss of a Value Book indicate the possibility of unlawful use of the Value Book the reporting stockholder shall immediately give sufficient warning to the public and to other officials.

(2) The means adopted for giving a warning under sub-regulation may vary according to circumstances but may include gazette publication, newspaper notices and the notification by circular to officials likely to be concerned and shall include any specific notification required by Departmental Accounting Instructions.

(3) Departmental Accounting Instructions shall indicate any specific Notification required.

(4) The measures taken to notify the public shall be noted in the loss report.

Regulation 220—Value of the loss

The value of a loss reported under regulations 218 and 219 shall comprise

(a) the intrinsic value of the Books lost;

(b) the cost of notifying the public of the loss and otherwise dealing with the case; and

(c) the value of any loss of revenue or irregular payment occasioned by the loss of Value Book.

Regulation 221—Revenue Losses

Where the nature of revenue collection is such that the amount due to government cannot be calculated without reference to a duplicate receipt, or to the number of tickets issued, the loss of receipt books or tickets without proof of their destruction shall be deemed to have occasioned a loss of revenue.

Regulation 222—Cost Statement on the Loss

(1) In any loss reported under, regulations 226 and 228, the head of department shall draw up and sign a cost statement showing a full amount of the loss as assessed by the head of department.

(2) This statement shall be examined and certified by the Auditor-General and the amount shall then be deemed to be the value of the loss for purposes of recovery or write off.

Regulation 223—Loss Occasioned to the Public

A claim against government shall not arise as of right for any loss occasioned to a member of the public by the loss of official value books.

Regulation 224—Copies of Value Book

(1) If any member of the public loses a properly completed form issued, and applies for a duplicate, a certified true copy or a photocopy may be given and a new printed form shall not be used except where this is provided for by law, and the appropriate fee has been collected.

(2) Departmental Accounting Instructions may specify a fee to be collected for the provision of copies.

Regulation 225—Retention of used Value Books.

Used Value Books shall be retained for safe custody until such time as their disposal under the appropriate regulations has been authorised.

PART IX—LOSSES

Regulation 226—Definition

A loss shall be considered to have occurred when the government is deprived of the use of any public or trust moneys, public property, stores or any other financial or physical asset otherwise than in the normal course of public business.

Regulation 227—Responsibility of the Head of Department

When a loss as in this regulation is discovered, the head of department shall investigate the circumstances of the loss,

(a) to ascertain the extent and amount of the loss;

(b) to determine whether control or operational arrangements need to be improved in order to prevent the occurrence of similar losses in the department or in any other department; and

(c) to determine whether any offence or other fault of a public officer has been revealed by the loss.

Regulation 228—Disclosure of Offences

The investigation of a loss does not constitute a disciplinary enquiry and if the investigation reveals that an offence has been committed, it shall be dealt with separately by the

(a) Ghana Police Service, if a criminal offence is involved,

(b) disciplinary authority as appointed under the Civil Service Act, 1993 (PNDCL 327) if a breach of discipline is involved, and

(c) Financial Administration Tribunal in accordance with section 67 of Financial Administration Act, 2003 (Act 654).

Regulation 229—Declaration of Losses

A loss may be revealed by

(a) the discovery of any deficiency within the accounts by any public officer;

(b) a declaration that a loss has occurred by any one of the following:.

(i)  the Minister;

(ii) the Controller and Accountant-General;

(iii) the Auditor General;

(iv) other public officers specified by any other legislation; or

(v) any persons who are deputies of the said officers respectively.

Regulation 230—Duty of the Head of Department

A head of department shall

(a) ensure that adequate investigation is made of a loss;

(b) direct action to be taken and ensure that action is taken in

(i)   rectification of systems;

(ii) discipline of staff; and

(iii) recovery of a loss; and

(c) authorise disposal of a case of loss after complying with paragraphs (a) and (b) by

(i) write-off;

(ii) allowing transactions to stand charged; or

(iii) verifying full recovery,

as the case may be.

Regulation 231—Categories of Losses

The categories of loss to which this part relates are

(a) Cash deficiency which is a deficiency of cash or other negotiable instrument, whether it arises from a simple cash shortage or from the use of fictitious entries or vouchers to conceal the existence of a deficiency.

(b) revenue losses which may arise from

(i) uncollectable revenue when debts due to government cannot be collected by reason that the debtor cannot be traced or is insolvent; and

(ii) loss of revenue, arising from failure to assess or collect in circumstances which preclude subsequent assessment or collection, and include any loss of interest caused by delay in making payments into the appropriate public funds or from the making of irregular advances.

(c) expenditure losses which may arise from

(i) irrecoverable overpayments, when an excess payment has been made by error and recovery cannot be effected because the recipient cannot be traced or is otherwise incapable of making repayment;

(ii) nugatory payments, which arise in circumstances such as, the incurrence of a penalty in which government has been legally obliged to make payment, but for which no corresponding receipt of goods or services has been derived,

(iii) improper payments arising from transactions that are contrary to law, but which do not involve any offence under the criminal code, and which have been declared to be improper under regulation 229 and include cases of gross waste or extravagance;

(iv) excess expenditure, which is a special case of Improper Payment which arises when payments have been made in excess of approved estimates without the prior authority of Parliament; and

(v) fraudulent payments which arise from transactions which involve a breach of the criminal code, by the use of falsified documents or certificates to steal money or other property belonging to the state.

(d) Store and Equipment Losses which may arise from

(i) deficiencies, including fraudulent issues from stock and issues without proper evidence of use;

(ii) damage or deterioration of goods in stock; and

(iii) loss by accident in so far as they relate to equipment and stores in use.

(e) Financial Losses which may arise from

(i) irrecoverable advances and loans when moneys due to government cannot be recovered by reason of a debtors default and include default on Government Guarantees;

(ii) irregular advances and loans when money cannot be recovered because government cannot establish a claim against any person or institution, as in the case of expenditure wrongly charged to advances, or advances and loans made without agreement for recovery;

(iii) reduction of financial asset where the value of any financial asset has to be reduced by reason of failure or capital restructuring of an enterprise.

(iv) losses on sale of securities where the losses are aggregated with gains over the financial year, and any net loss is written off at the end of the year.

(f) Miscellaneous Losses which may arise from

(i) loss of Value Books dealt with as laid down in Part VIII of these Regulations

(ii) the loss of safe keys of any government safe or the compromise of any combination lock

(iii) the cost of altering locks and providing new keys or combinations

(iv) the value of any missing items from the safe

(v) irrecoverable claims dealt with as laid down in these regulation.

Regulation 232—Exclusions

The following are not losses, and the provisions of this part do not apply to them:

(a) stores and equipment which have become unserviceable through fair wear and tear and disposed of as laid down in these Regulations;

(b) arrears of revenue, outstanding claims, outstanding advance or loan recoveries, or overpayments until such time as they are declared to be irrecoverable or uncollectable in accordance with these Regulations;

(c) ex-gratia payments approved by appropriate authority;

(d) remission of tax, fee or penalty in accordance with the Financial Administration Act, 2003 (Act 654); and

(e) normal wastage of stores as result of evaporation or loss of weight during storage, or specified limits of normal wastage laid down in Departmental Accounting Instructions.

Regulation 233—Discovery of Loss

(1) Any officer who discovers a loss, or suspects that a loss has occurred shall immediately report the matter to the head of department.

(2) Failure to make a report under sub-regulation (1) is a breach of financial discipline as defined in regulation 8(1).

Regulation 234—Initial Action by Head of Department

(1) A head of department shall be responsible for investigation and taking action on any loss.

(2) If a head of department is satisfied that a loss has occurred, the head shall

(a) place any accounts, vouchers and other relevant records into safe custody and make any alternative arrangements immediately necessary for the conduct of further business

(b) if the circumstances of the loss indicate the likelihood that a criminal offence has been committed, report the matter to the police.

(3) Investigation and subsequent actions under sub-regulation (1) shall be completed within 48 hours of the discovery and the loss shall he reported to

(a) the Minister;

(b) the Sector Minister;

(c) the Controller and Accountant-General; and

(d) the Auditor-General.

Regulation 235—Investigation of every Case of Loss

(1) A head of department shall cause an investigation to be conducted into every reported case of loss, and where the head of department is implicated in the loss, the Sector Minister or the governing board or council in the case of agencies that are not under any sector minister, shall be the appropriate authority to cause investigation to be conducted.

(2) In the case where the Sector Minister is involved the investigating authority shall be the Office of the President.

(3) The authority responsible for investigating and dealing with a loss shall submit progress reports to the appointing authority at such times and in such form as may be specified in Departmental Accounting Instructions.

Regulation 236—Assistance to the Police

If a loss involves a criminal offence, the investigating authority shall liase with the Police investigators and shall give them such assistance as they require and records taken into custody by the Police may be subject to examination by the investigating authority.

Regulation 237—Recommendations

On the basis of the findings of the investigation, the investigating authority is required to make recommendations as to the further disposal of the case by

(a) initiation of disciplinary proceedings,

(b) the development of remedial administrative or accounting action; or

(c) taking any other action as is appropriate considering the circumstances of the case.

Regulation 238—Conduct of Investigation

(1) The investigating officer shall conduct the enquiry to avoid giving the impression that the officer is prejudging the results.

(2) The investigating officer shall examine and report on all relevant aspects and not just those that point to a particular conclusion.

Regulation 239—Action by the Head of Department

On receipt of the investigating officer's report the head of department, after securing any information required, shall determine further action to be taken to deal with the case by

(a) initiating disciplinary action in respect of offences revealed by the report;

(b) initiating remedial administrative or accounting action to be taken by the head of department or by some other authority; or

(c) recovery of the value of the loss from a financially liable officer.

Regulation 240—Criminal Offence

(1) If the report of an investigating officer under regulation 238 shows that a criminal offence, other than the offence already reported under these Regulations has been committed, the facts of the case shall be put before the Police.

(2) A disciplinary action or proceedings for recovery of a loss shall not be taken against an officer facing criminal charges under subregulation (1) until the court has dealt with the case or the Police have formally indicated that they do not intend to proceed against the officer concerned.

Regulation 241—Disciplinary Offence

Where an officer has committed an offence which does not involve any criminal offence, disciplinary proceeding shall be instituted by the head of department.

Regulation 242—Disciplinary Proceedings to be Completed

Disciplinary proceedings arising from a case of loss shall be completed before the investigating authority approves final disposal of the case.

Regulation 243—Defective Systems

If the report of the investigating authority indicates that systems currently in operation, including those for the training of staff are defective, the head of department shall consult with the Controller and Accountant-General, to consider measures for rectification.

Regulation 244—Remedial Action to be Commenced

Once action has been agreed upon and initiated, a case of loss may be submitted for disposal to the authorities concerned as defined in the Accounting Manual, for remedial action to be commenced.

Regulation 245—Financial Liability of Officers

(1) Recovery of the value of a loss, whether by recovery proceedings under these regulations or by a surcharge by the Auditor-General, constitutes a settlement of a civil claim against the officer arising from the loss.

(2) Recovery of a loss shall not be a substitute for criminal prosecution or disciplinary proceedings.

Regulation 246—Offer to Repay

If an officer freely accepts financial responsibility for a loss, the officer may offer to pay the amount back into the Consolidated Fund or the relevant Public Fund, in which case the authority responsible for disposal of the loss may

(a) accept the offer to repay, if the disciplinary offence is not serious enough to necessitate further proceedings against the officer.

(b) accept the offer in mitigation of the offence with the repayment being considered as a partial fulfilment of any penalty that may be imposed.

Regulation 247—Liability to Repay

A public officer may become personally responsible for repaying the value of a loss if

(a) the loss is one falling within the ambit of section 61 of the Financial Administration Act, 2003, (Act 654); or

(b) the loss has been the subject of disallowance and or surcharge by the Auditor-General under the authority of the Audit Service Act 2000, (Act 584).

Regulation 248—Monetary Liability

If a head of department considers that the report of the investigating officer shows that an officer may have received moneys that the officer has neither paid over, accounted for nor applied for the purpose for which they were received, the head of department may on behalf of the Controller and Accountant-General issue a notice to that officer or the personal representative of the officer under section 61 of the Financial Administration Act, 2003, (Act 654).

Regulation 249—Order for Recovery

Where a person to whom a notice has been issued under regulation 248 fails to respond to the notice within the time specified in the notice, the head of department shall inform the Controller and Accountant-General of this failure in writing and the Controller and Accountant-General shall take action as required under section 61(2) of the Financial Administration Act 2003, (Act 654).

Regulation 250—Recovery

(1) Where an order for recovery has been made, the amount shall be recovered as a debt due to the government.

(2) The head of department may, if the officer remains in public employment, arrange for payment by instalments as laid down in these Regulations or else the documents shall be the basis of a civil claim against the officer or the officer's estate.

Regulation 251—Cash Liability for Loss

(1) The procedure laid down in regulations 249 and 250 is applicable only to moneys or stores received and held by a public officer.

(2) If losses arise by reason of failure to collect, or by a deficiency occurring after collection, recovery of the amount lost may be ordered if it is established that the loss was occasioned by an officer's misconduct, neglect of duty or negligence

(3) If a loss occurs under subregulation (2) the head of department shall first initiate disciplinary proceedings against the officer concerned; and if the officer is found to have committed an offence, the head of department shall establish and recover the amount as laid down in regulations 249 and 250.

Regulation 252—Surcharge Proceedings

The imposition of a surcharge by the Auditor-General constitutes a claim against the officer concerned, and the head of department shall immediately recover the full amount surcharged from that officer, in accordance with the provisions of sections 17 and 18 of the Audit Service Act 2000, (Act 584).

Regulation 253—Completion of Useful Action

(1) When an action of a case of loss case has been completed, and the head of department is satisfied that no useful purpose will be served by any further action, the head of department may proceed to dispose of the case.

(2) The head of department shall in any case of loss act in accordance with the powers conferred on the head in these Regulations and shall where necessary forward the case with recommendations to the appropriate authority for disposal as laid down in the Accounting Manual.

Regulation 254—Quarterly Reports of Losses Disposed of

(1) Every subordinate disposal authority shall submit returns at the end of each March, June, September and December of losses disposed of during the preceding quarter.

(2) This return shall be sent to the head of department, with copies to the Controller and Accountant-General, and the Auditor-General

Regulation 255—Rulings

Where any doubt arises on the correct classification of a loss or the accounting procedure required, the directions of the Controller and Accountant-General shall be sought.

Regulation 256—Remittances and Transfer

Where a loss occurs in any remittance of cash or transfer of stores, responsibility for dealing with the loss shall rest with the remitting or transferring officer, unless the recipient has formally accepted delivery at the office of remittance or store of issue.

Regulation 257—Claims

Where goods are received damaged or incomplete, and such goods are subject to a claim on suppliers, insurers or carriers; they do not constitute a loss until the claims prove irrecoverable.

Regulation 258—Investigation of Bad Debts

(1) The fact that losses arise from uncollectable revenue, irrecoverable overpayments, or irrecoverable claims at the time of disposal does not preclude the prior investigation of circumstances of the losses,

(2) Applications for write-off shall be accompanied by an investigation report indicating whether remedial accounting or other action is necessary.

Regulation 259—Power of Intervention

The Controller and Accountant-General and the Auditor-General may intervene in the disposal of any case of loss, and may

(a) call for further information to be supplied; or

(b) put forward opinions as to the action to be taken.

Regulation 260—Authority of the Auditor-General

The authorisation of disposal of a case of loss does not prejudice the right of the Auditor-General to carry out further investigation.

Regulation 261—Publication of Significant Findings

A head of department shall ensure that matters of significance arising from the investigation of losses are brought to the notice of the general public.

PART X—FINANCIAL AND ACCOUNTING RECORDS

Regulation 262—Care and Custody of Records

A head of department shall ensure that financial and accounting records are preserved in good order in a manner that facilitates ready access for reference.

Regulation 263—Legislative Authorities

Preservation of records is governed by two principal enactments, namely:

(a)   the Limitation Decree, 1972 (N.R.C.D. 54) under which it is necessary to keep financial and accounting records until such time as claims by or against government are statute-barred;

(b)   and the Public Records and Archives Administration Act 1997, (Act 535) under which the Public Records and Archives Department established under the Public Records and Archives Administration Department (Establishment) Instrument. 1996, (LI 1628), is made responsible for the proper and effective management of records in public institutions of government to which this Act applies.

Regulation 264—Departmental Repositories

(1) Every head of department shall establish a repository or repositories to hold all financial and accounting records that are no longer required for regular office references.

(2) Repositories shall provide facilities for reference and use of the records stored in the repository and the Departmental Accounting Instructions shall provide detailed procedures for deposit and use of records within the general ambit of the regulations set out in this part.

Regulation 265—Release of Records

Records transferred to a departmental repository shall not be released or otherwise disposed of except under an authority prescribed by these Regulations, but in exceptional circumstances, a head of department may authorise the temporary release of records from custody.

Regulation 266—Retention and Review

There shall be included in the Departmental Accounting Instructions

(a) retention periods for financial and accounting records;

(b) details relating to their review and destruction, and

(c) procedures to regulate the retention of financial and accounting records.

Regulation 267—Limited or Restricted Publications

Copies of all publications relating to finance for limited or restricted circulation shall be sent immediately upon publication to

(a) the library of the Ministry of Finance and Economic Planning; and

(b) the departmental repository.

Regulation 268—Security Grading to be Observed

Any security grading for restricted documents shall be duly observed during retention of the documents by the institutions as specified in regulation 267 (limited or restricted publications).

Regulation 269—Permanent Retention

Publications relating to finance submitted under regulation 267 shall be permanently retained, and items placed in the departmental repository shall be used only in the repository itself and not be released from custody.

Regulation 270—Other Copies

Copies of publications relating to finance other than those specified in this Part are not records as regulated by this Part and they shall be accounted for as departmental stores as prescribed in Part VI of these Regulations.

Regulation 271—Report of Publications

Departmental publications relating to finance issued during the year for limited circulation shall be listed in the annual report presented under section 41 of the Financial Administration Act, 2003 (Act 654).

Regulation 272—Definition and Sub-classes of Legal Documents

(1) For the purposes of these Regulations legal documents are documents which might be required to be produced in court to establish a claim or settle a dispute.

(2) The following sub-categories may be identified:

(a) title Documents conferring or recording ownership of any property including title deeds, bonds, stock or share certificate,

(b) title Deeds relating to the administration of any fund, account or property,

(c) agreements relating to contracts, loans, advances, subventions or any other financial matter; and

(d) other documents of special importance for which custodial arrangements outside the ordinary filing or records system is considered necessary.

Regulation 273—Storage of Legal Documents

(1) Legal documents other than those specified under regulation 272 shall be kept at departmental headquarters in a safe, strong room or security records store under custody of an officer to be specified in Departmental Accounting Instructions.

(2) A record of documents held shall be kept and movements of documents recorded under signature, and the officer in charge shall ensure that access to the documents is confined to authorised persons and that the documents are adequately protected against damage.

Regulation 274—Accounting Records

Records classified as "accounts" include manual and electronic

(a) accounting records in the form of books, ledgers, ledger sheets, ledger cards, or machine tabulations, and

(b) source documents for the accounting records in the form of vouchers, schedules, returns, bank or any other statements.

Regulation 275—Definition of Working Papers

Working Papers are those papers created as by-products of the accounting process but which do not form part of the financial records system and include

(a) copies of forms not used as vouchers such as office copies of requisitions, cheque order forms and cheque stubs;

(b) record or registers used in controlling the flow of documents during accounting processes such as messenger's receipt books, registers of returns;

(c) circulars, notices and instructions received;

(d) local files; and

(e) other documents such as personal working papers, drafts, calculations, note books and diaries.

Regulation 276—Period for Keeping Working Papers

(1) Working Papers referred to in regulation 275 shall be kept for at least one year after the date of last entry.

(2) The Auditor-General shall be consulted before destruction of Working Papers is authorised by a head of department.

Regulation 277—Definition and Classes of Archival Records

Archival records are records in either manual or electronic form, required to control the location and disposal of records and include

(a) details of records transferred to departmental repositories:

(b) schedules of records destroyed;

(c) any register showing use of records after transfer to the departmental repository; and

(d) schedules of records transferred to the National Archives.

Regulation 278—Provisions for Archival Records

Retention, transfer, access, destruction and disposal of Archival Records shall be in accordance with the provisions of the Public Records and Archives Administration Act, 1997, (Act 535).

PART XI—STATUTORY CORPORATIONS AND OTHER PUBLIC INSTITUTIONS

Regulation 279—Governance of Statutory Corporations

(1) Statutory corporations and other public institutions other than those set up for commercial purposes shall be governed by the relevant sections of the Financial Administration Act, (Act 654) and in addition, the Sector Minister and the Minister may give general directions in writing to the Board on matters of policy in as much as these directives do not conflict with Act 654.

(2) Notwithstanding sub-regulation (1) all heads of statutory corporations and public institutions other than those set up for commercial purposes shall seek prior approval of the Minister to maintain bank accounts in their corporate names

(3) Statutory corporations and other public institutions shall pay to government such moneys administered by them as the Minister on the recommendation of the Sector Minister consider to be in excess of the amount required for the purpose of the corporation, and the moneys may be applied towards the discharge of an obligation of the corporation to the government or may be applied as state revenue.

(4) A copy of the audited accounts of statutory corporations and other public institutions shall be submitted to the Minister together with the budget of the ensuing year.

PART XII—LIABILITIES, OFFENCES AND PENALTIES

Regulation 280—Penalty Units

(1) Penalty unit in this PART has the meaning assigned to it under the Fines (Penalty Units) Act, 2000, Act 572

Regulation 281—Disciplinary Action Against Offences

(1) Where any person is required to perform any function or duty under the Financial Administration Act 2003, (Act 654) and that person fails to perform that duty within the timeframe required, the person is liable to disciplinary action as provided in the code of conduct of the Public Service.

(2) A head of department shall ensure the application of the appropriate disciplinary measures under these regulations within three months and in default the head of department shall be considered to have committed a disciplinary offence.

PART XIII—IMPREST

Regulation 282—Definition of Imprest

For the purposes of these Regulations an imprest is a sum of cash advanced to a public officer to meet payments which are otherwise inconvenient to disburse from Public Funds, through the normal payment procedures as laid down in Part II of these Regulations.

Regulation 283—Issuance of Imprest Accounts Code

(1) A head of department shall apply to the Controller and Accountant General for an account classification to operate an Imprest.

(2) The Controller and Accountant General shall approve and assign an imprest accounts code and inform the head of department accordingly.

Regulation 284—Classes of Imprest

Imprests are of two classes, namely

(a) Standing Imprests, held throughout the financial year and replenished as necessary by presentation of paid payment vouchers to the head of department; and

(b) Special Imprests, issued for making a particular payment, or group of payments which must be fully retired by the date specified in the approval to operate the imprest.

Regulation 285—Administration of Imprest

The procedures for applying, granting, disbursing and retiring of imprest shall be in accordance with the Departmental Accounting Instructions.

Regulation 286—Payments from Imprest

(1) Payments may only be made from the imprest on the authority of a payment voucher prepared and signed in accordance with these Regulations.

(2) The imprest holder is responsible for ensuring that

(a) funds are available under a Warrant; and

(b) vouchers are properly authenticated.

Regulation 287—Sub-imprest

(1) An imprest holder may issue part of the imprest to a subordinate officer provided that it is used solely for the purpose for which the main imprest was issued.

(2) The imprest holder shall be responsible for the proper custody and accounting for the sub-imprest, and it shall be replenished only from the main imprest.

Regulation 288—Unauthorised use of Imprests

(1) Imprests shall be used only for the specific purpose for which are issued.

(2) The application of imprest moneys for purposes other than those authorised, is a breach of financial discipline as defined in regulation 8(1).

Regulation 289—Retirement of Imprest

(1) Imprest shall be retired at the close of a financial year and any imprest not so retired shall be adjusted to a personal advance account in the name of the imprest holder.

(2) Failure to retire an imprest by the due date, unless occasioned by the death or incapacity of the imprest holder is a breach of discipline as defined in regulation 8(1).

(3) A head of department shall report details of imprest holders who fail to retire their imprest by the due date to the Controller and Accountant General with a copy to the Auditor-General or the representative of the Auditor General.

Regulation 290—Report of Imprest Balances

The Controller and Accountant General shall report balances in the hands of imprest holders in the statement of Public Accounts required under section of the Financial Administration Act 2003, (Act 654).

PART XIV—PERSONAL EMOLUMENTS

Regulation 291—Definition of Personal Emoluments

For the purposes of these Regulations the term "personal emolument" covers all payments due to public servants as remuneration for employment and include

(a) salaries payable to public servants;

(b) wages payable to public servants employed in daily rated post; and

(c) allowances and any additional remuneration due to public servants as part of their conditions of service.

Regulation 292—Authorities

(1) The specific authorities for the payment of personal emoluments are as follows:

(a) the Financial Administration Act, 2003 (Act 654), or administrative instructions issued under that Act; and

(b) these Regulations, in matters of financial and accounting procedure not already determined by or under the financial Administration Act, 2003 (Act 654).

(2) A head of department who delegates a power of appointment or discipline under the Financial Administration Act, 2003 (Act 654) shall inform the Controller and Accountant-General and the Auditor-General of such delegation.

Regulation 293—Records of Personal Emolument

(1) Every head of department shall keep records of all personal emolument of staff employed in the department, in a form that ensures that

(a) payments are made as and when due;

(b) overpayments are not made;

(c) all required deductions are made at the correct time;

(d) authorised establishments are not exceeded;

(e) the rates authorised for payment are not exceeded, and

(f) payments are not made to staff who do not belong to the department or unit.

(2) The records for the purpose of this regulation shall be as specified in the Departmental Accounting Instructions.

Regulation 294—Accounting Authorities

For the purposes of these Regulations the term "accounting authority" relates as appropriate to

(a) the departmental pay and records section responsible for general control of personal emoluments within the department;

(b) the local head of department responsible for notifying heads of department of circumstances affecting staff pay which arise within their jurisdiction; and

(c) the Central Pay Processing Division of the Controller and Accountant General's Department responsible for preparation of mechanised payroll on the basis of information supplied by heads of departments.

Regulation 295—Instructions on Salaries, Wages and Related Allowances

Procedures to be followed in payments of salaries, wages and related allowances shall be provided in Departmental Accounting Instructions to be issued by the Controller and Accountant-General.

Regulation 296—Use of Manual Vouchers

When a public servant's personal emolument is payable on Controller and Accountant General's Department mechanised payroll or the Departments main payroll, payment by manual vouchers is prohibited except as approved by the Controller and Accountant-General and any other system used in payment of public servants shall be approved by Controller and Accountant-General.

Regulation 297—Deductions from Salaries

Deduction shall not be made from personal emoluments, except for statutory deductions, disciplinary awards and voluntary deductions authorised by the head of unit upon authority of Administrative instructions issued by the head of department.

Regulation 298—Stoppage of Salary Payments

(1) A head of department shall cause the immediate stoppage of payment of salary to a public servant when that public servant has

(a) been absent from duty without leave or reasonable cause for a period as stipulated in the administrative regulations of the establishment;

(b)  been absent from duty on leave without pay;

(c)  been convicted of an offence involving theft or fraud, or a sentence of imprisonment;

(d)  resigned;

(c)  retired; or

(f)  died.

(2) All other payments due to the Public servant must also be stopped in the circumstances provided for in subregulation (1).

(3) Where the Controller and Accountant-General is of the opinion that there is an anomaly with a salary or any other payment due to the public officer, the Controller and Accountant-General may cause the stoppage of payment of the salary or the other payment to the public officer and shall within ten working days inform the head of department of the affected officer of the anomaly and the stoppage.

Regulation 299—Notification of Stoppage

(1) The occurrence of any of the circumstances specified in regulation 298 shall immediately be brought to the notice of the head of department or intermediate disciplinary authority as the case may be.

(2) The notification under subregulation (1) shall indicate the effective date of the stoppage and confirm that action has been taken to prevent further payment.

(3) Action under sub-regulation (2) includes

(a)  notification to the Controller and Accountant General where salary payments are made direct to the officer's bank account;

(b)  notification to the bank for repayment into the Consolidated Fund of salary or other payments credited to the public servant's bank account;

(c) issue of the appropriate salary input to the section responsible for stopping payments on the payroll; and

(d)  notification to the internal auditors

(4) Failure to effect the stoppage within the time required is a breach of financial discipline under regulation 8(1).

Regulation 300—Subsequent Payments

When salary payments have been stopped, no restoration of pay or payment of other amounts due may be made except on the written authority of the head of department or other appropriate disciplinary authority.

Regulation 301—Effective date of Stoppage

Unless the effective date is otherwise specified under any other enactment, the effective date shall be in the case of

(a) a deceased public officer, the day following the date of death;

(b) convicted officers, the date of conviction;

(c) leave without pay, the date approved for the leave.

(d) officers absent without leave, the first day of such absence; or

(e) resignation and retirement, the effective date for stoppage shall be the earlier of:

i.   date of absence; or

ii. date specified on relevant document.

Regulation 302—Retirement Date

Where the appointment of a public officer is terminated by reason of

(a) retirement on reaching age limit;

(b) voluntary retirement;

(c) accepted resignation,

(d) retirement on medical grounds or abolition of office; or

(e) expiry of limited engagement,

any pension or gratuity  payable shall be computed and approved for payment where due.

Regulation 303—Variation of Retirement Date

Public officers shall take all leave due to them before the effective date of retirement.

Regulation 304—Pension Instructions

The Controller and Accountant-General shall issue Pension Instructions governing the preparation, computation and payment of retiring awards.

Regulation 305—Responsibility for Salary Payment Vouchers

(1) A head of department or a head of management unit shall examine and certify the personal emolument payment vouchers to ensure that

(a) only staff belonging to the unit are on the payment vouchers;

(b) in the case of staff on posting or transfer out, the name is deleted within three months;

(c)  in the case of retirement, resignation, termination, vacation of post, death, regulation 298 is strictly complied with;

(d) any over payment of personal emolument is recovered;

(e) newly employed staff and those posted or transferred to the unit appear on the payment voucher, and

(f) any salary instructions issued by the Controller and Accountant-General are complied with.

(2) A head of department or management unit who fails to comply with sub-regulation (1) is liable for disciplinary action including

(a) stoppage of salary until the anomaly is rectified;

(b) surcharge where the non-compliance has occasioned financial loss to the state; and

(c) any other sanctions applicable that the Controller and Accountant-General considers appropriate.

Regulation 306—Meaning of Management Unit

For the purposes of this Part, a Management Unit is a section, cost centre or a sub-cost centre of a department in respect of which a separate salaries payment voucher is prepared.

PART XV—MISCELLANEOUS

Regulation 307—Subventions

For the purposes of these Regulations a subvention is an amount payable to any institution other than a government department or public corporation to enable that institution to fulfill a public purpose approved by the Government.

Regulation 308—Classes of Subvention

Subventions shall be further classified and described in the estimates and accounts as

(a) membership dues to learned societies, professional associations, etc;

(b) subscriptions to international organisations;

(c) grants to welfare associations and other private associations;

(d) donations for charitable or social purposes; and

(e) may be determined by the Minister.

Regulation 309—Authority for Payment

Payments of subventions shall be made in accordance with either

(a) the rules of the institution concerned; or

(b) an agreement made between the receiving institution and the Government.

Regulation 310—Government Appointee Reporting Relationships

The Minister shall by administrative directives determine and give directions on the form and contents of the reports to be submitted by the Directors of Companies appointed by the Government.

Regulation 311—Interpretation and Application of Regulations

(1) Questions arising from interpretation and application of these regulations or from the detailed procedures required to implement them, shall be determined by the Controller and Accountant-General in consultation with the Auditor-General.

(2) In these regulations unless the context otherwise requires, words and expressions used shall have the same meaning as in the Financial Administration Act, 2003 (Act 654).

Regulation 312—Revocation

The Financial Administration Regulations, 1979 (LI 1234) is hereby revoked.

Regulation 313—Commencement

These Regulations shall come into force on the 1st July 2004.

HON. YAW OSAFO-MAAFO, M.P.

Minister responsible for Finance

Date of Gazette Notification: 9th June, 2004.