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Constituency Development Funds Act 2013

SOLOMON ISLANDS

CONSTITUENCY DEVELOPMENT FUNDS ACT 2013

(NO. 1 OF 2013)

PASSED by the National Parliament this twenty eighth day of March 2013.

(This printed impression has been carefully compared by me with the Bill passed by Parliament and found by me to be a true copy of the Bill)

__________________
Taeasi Sanga (Mrs)
Clerk to National Parliament

ASSENTED to in Her Majesty's name and on Her Majesty's behalf this 23rd day of May 2013.

________________________
Sir Frank Utu Ofagioro Kabui
Governor-General

Date of Commencement: see section 1

AN ACT TO PROVIDE FOR THE PURPOSE OF DEVELOPING, SUPERVISING AND REGULATING THE MANAGEMENT AND DISBURSEMENT OF CONSTITUENCY DEVELOPMENT FUNDS IN A TRANSPARENT AND ACCOUNTABLE MANNER.

ENACTED by the National Parliament of Solomon Islands.

Short title and commencement

1. This Act may be cited as the Constituency Development Funds Act 2013 and shall come into operation on such date as the Minister may appoint, by notice in the Gazette.

Interpretation

2. In this Act, unless the context otherwise requires –

"Constituency Development Funds" means the funds allocated to Constituencies under section 4;

"Ministry" means the ministry to which responsibility for the management of Constituency Development has been assigned.

Objects

3. The object and responsibility of this Act is to ensure that the management and disbursement of Constituency Development Funds is carried out with integrity and in a prudent manner with a view to safeguarding the interest of potential recipients of the funds.

Establishment of Constituency Development Offices

4. (1) There shall be Constituency Development Offices established in all fifty (50) constituencies for the management and administration of Constituency Development Funds.

(2) The funds allocated to the Ministry for constituency development purposes shall be administered and managed by the Constituency Development offices and its officers.

(3) A Constituency Development Officer shall be a public officer.

Recipients

5. (1) The funds may be allocated for development purposes to individuals, group income generating projects or community projects.

(2) In allocating funds pursuant to subsection (1), the Constituency Development Office shall have regard to providing gender equality and combating gender discrimination.

Constituency Development Plan

6. (1) Each constituency shall prepare a Constituency Development Plan based on a Constituency Development Office Profile as a basis for the disbursement of Constituency Development Funds.

(2) Each Constituency Development Plan referred to in subsection (1) shall be submitted to the Ministry for approval prior to the allocation of funds as grants.

Constituency Account

7. (1) Each constituency shall set up a Constituency Development Office Account for budgetary support purposes as approved by the Ministry.

(2) The signatories to the Constituency Account shall be the Member of Parliament for the respective constituency and the Constituency Development Officer.

Allocation

8. Allocations from the Constituency Development Funds shall be by way of grants.

Application

9. Applications for funds shall be in the form as set out in the Schedule and bear the endorsement of the Member of Parliament of the particular constituency.

Direct payment of supplies

10. Where a project has been approved as a development project, the Constituency Development Officer will pay the supplier of goods or services the appropriate payment in accordance with the prescribed Financial Instructions issued under the Public Finance and Audit Act. (Cap. 120)

Powers, duties and functions of officers

11. For the purpose of fulfilling its objects and responsibilities the Constituency Development Officer may exercise all or any of the following powers, duties and functions —

(a) act in accordance with directions issued by the Ministry;

(b) assist in the implementation of the policies and programmes of the Government with respect to the usage and disbursement of funds;

(c) enter into agreements with potential recipients of the funds;

(d) maintain proper registers, accounts and other documentation as required by the Ministry;

(e) ensure that the accounting procedures as prescribed by the Permanent Secretary, Ministry of Finance are adhered to; and

(f) do all such other acts as may be necessary for the due exercise, discharge and performance of the functions of Constituency Development Officers.

Powers of inspection

12. Any officer authorised to administer the disbursement of funds may enter and inspect at all reasonable hours any premises or place where the particular development is being carried out.

Audit

13. The Constituency Development Funds shall be subject to audit by the Auditor General under the provisions of the Public Finance and Audit Act.

Power to order investigation

14. The Ministry may cause an investigation to be carried out in respect of any constituency where it has reason to believe —

(a) that the interest of potential recipients have or are being affected;

(b) that a complaint made by a potential recipient or group of such recipients needs to be investigated; or

(c) where there is mismanagement of the funds.

Regulations

15. The Minister may make such regulations as appears to him to be necessary or expedient for carrying the objects and provisions of this Act in to effect.

SCHEDULE

(Section 9)

CDF PROJECT APPLICATION FORM

1.0 PROJECT DETAILS

1.1 Name of Project

1.2 Location

1.2.1 Village

1.2.2 Ward No/Name

1.2.3 Constituency

1.3 Basic Information about Project (state what the project involves)

1.4 Project Management (describe briefly how the project will be managed)

1.5 Name and Address of Applicant or Name and Address of Committee Members (if community project)

1.6 Project Implementation

1.6.1 Project Activities/Timeframe

1.7 Intended Outcome of Project (what will project provide when completed)

1.8 Project Beneficiaries (state approx number of persons/population)

1.8.1 Direct:

1.8.2 Indirect:

2.0 PROJECT COSTS

2.1 Budget Details (Provide a breakdown of budget. Proforma invoices from Legitimate Suppliers must be attached)

3.0 DECLARATION

I declare that all information provided are true and accurate details of this proposed project

Applicant Name: ................................... Signature: .......................................

Date: .............................................

Project Endorsement

Hon. ..................................................MP Signature: ........................................

Date: ..............................................