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Ministries, Departments and Agencies Act 735 (Retention of Funds) Act, 2007

ARRANGEMENT OF SECTIONS

Section

1. Retention of percentage of collections

2. Existing enactments amended

3 Ministries, Departments and Agencies empowered to internally generate and retain funds

4. Accounts and audit

5. Utilisation ofintemally generated funds

6. Amendment of Schedules

THE SEVEN HUNDRED AND THlRTY-FIFTH

ACT

OF THE PARLIAMENT OF THE REPUBLIC OF GHANA

ENTITLED

MINISTRIES, DEPARTMENTS AND AGENCIES (RETENTION OF FUNDS) ACT, 2007

AN ACT to authorise the generation and retention by Ministries, Departments and Agencies of a percentage of the moneys they realise in the course of the performance of their functions and to provide for related matters.

DATE OF ASSENT: 18th May, 2007.

ENACTED by the President and Parliament:

Retention of percentage of collections

1. (1) The preparation and submission of estimates and the reporting and accounting for them are subject to the Financial Administration Act, 2003 (Act 654).

(2) The retention of moneys is subject to the Financial Administration Act 2003 (Act 654).

(3) Ministries, Departments and Agencies specified in the first column of the First Schedule shall retain out of the revenues and other moneys realised or received by them in the performance of their functions, the percentage specified in the second column of the First Schedule.

2. The enactments specified in the first column of the Second Schedule are hereby amended as stipulated in the second column.

Ministries, Departments and Agencies empowered to internally generate and retain funds

3. A Ministry, Department and Agency specified in the first column of the Third Schedule may,

(a) raise or receive moneys in respect of the performance of its functions, and

(b) retain out of moneys raised or received, the percentage stipulated in the second column of the Schedule.

4. The provisions of article 187 of the Constitution which relate to the Auditor.,.

(a) Internally Generated funds can only be utilised when the activities on which the expenditure will be incurred have been programmed and approved in that Ministry's, Department's and Agency's expenditure budget by Parliament;

(b) Ministries, Departments and Agencies which have approval to retain and utilise internally generated funds can only incur expenditure funded by internally generated funds for a particular month if the records of collection for the previous month, bank lodgments, and expenditure returns for the previous month have been submitted to the Ministry of Finance;

(c) Internally Generated Funds shall not be used for the payment of salaries, staff benefits and other allowances except where the allowances are directly related to the provision of services this will lead to Increased revenue.

7.The Minister for Finance may by legislative instrument amend the Schedules to this Act.

			PROPOSED
. MINISTRIES, DEPARTMENTS AND AGENCIES			PERCENTAGE (%)
			RETENTION
Ministry of Women and ChildrenAffairs
(Efua Sutherland Children's Park)	..	..	50%
Regional Centres for National Culture	..	..	50%
National Council on Tertiary Education	..	..	100%
Prisons Service	..	..	60%
Ghana Library Board	..	..	100%
Public Records and Archives Administration ..		..	50%
Ministry off oreignAffairs	..	..	25%
Narcotic Control Board	..	..	50%
Driver and Vehicle Licensing Authority	..	..	15%
Ghana Immigration Service	..	..	20%
National Museum	..	..	100%
Food and Drugs Board	..	..	50%

Narcotic Drugs (Control, Enforcement and Sanctions Law 1990 (PNDCL 236

Consular Fees Act, 1964 (Act 231)

Driver and Vehicle Licensing Authority Act 1999 (Act 569)

Immigration Service Law, 1989 (P.N.D.C.L. 226)

Section 55 is amended by the insertion of a new section 55^A ;

"Retention of percentage of internally generated funds

55^A• The Narcotic Control Board may retain the percentage specified in the second column of the First Schedule out of the moneys realised in the performance of its functions."

Section 8 is amended by the insertion of a new section 8^A ;

"Retention of percentage of internally generated funds

8^A• The Ministry of Foreign Affairs may retain the percentage specified in the second column of the First Schedule out of the moneys realised in the performance its functions. "

Section 18 is amended by the substitution for section (1) of;

"18 (1). The Funds of the Authority shall Include

(a) moneys provided to the Authority by Parliament in the performance of its Functions,

(b) loans granted to the Authority, (c) grants, and

(d) moneys accruing to the Authority for service provided to the public.

(2) The Authority may retain the percentage specified in the second column of the First Schedule out of the moneys realised in the performance of its functions."

Section 4 is amended by the substitution for paragraph "(h)" of;

"(11) The Immigration Service may retain the percentage specified in the second column of the First Schedule out the moneys realised in the performance of its functions."

Prisons Service Decree, 1972 (NRC.D.46)

National Commission on Culture Law, (1990P.N.D.C.L. 238)

Food and Drugs Board Act, 1992 (P.ND.C.L. 305B)

Section 4 is amended by the addition of;

"(3). The Prisons Service may retain the percentage specified in the second column of the First Schedule out of the moneys realised in the performance of its functions".

Section 21 is amended by the addition of a new paragraph (e)

"(e). The Commission may retain the percentage specified in the second column of the First Schedule out of the moneys realised in the performance of its functions"

1. Section 28 is amended by the insertion of (a)a new paragraph (d) (i) as follows;

"(d) (i) charge fees for services rendered

under this Act"

(b) subsection (3) as follows

"(3) The Board may retain the percentage specified in the Second Schedule out ofthe money realised in the performance of its functions"

2. Section 47 is amended by the addition of a new paragraph to (b) (vii) as follows:

"(b) (vii) specifying fees to be charged for services rendered under this Act".