Fields marked with an asterisk (*) are required.
Name *
Username *
Password *
Verify password *
Email *
Verify email *
Search Search

 

CONSTITUENCY DEVELOPMENT FUND ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1. Short title

   2. Interpretation

PART II
THE CONSTITUENCY DEVELOPMENT FUND COMMITTEE

   3. Principles of management, disbursement and utilisation of Fund

   4. Role of Minister relating to Fund

   5. Constituency Development Fund Committee

   6. Functions of Committee

PART III
CONSTITUENCY DEVELOPMENT FUND

   7. Constituency Development Fund

   8. Constituency account

   9. Disbursement from Fund and constituency account

   10. Accountability and transparency

   11. Funds to be retained

   12. Prohibition of use of Fund for non-Fund purposes

   13. Accounts and audit

   14. Annual report

PART IV
CONSTITUENCY DEVELOPMENT PROJECT PROPOSALS

   15. Submission of proposed projects by Committee

   16. Submission of project proposals to Minister by Committee

   17. Project list

   18. Projects to be community-based

   19. Community initiatives to be eligible

   20. Cost estimates to be reasonable

   21. Implementation of projects

   22. Procurement of services and works

   23. Provincial Local Government Officer

   24. Returns for projects

   25. Guidelines for approved projects

PART V
GENERAL PROVISIONS

   26. Records of meeting

   27. Record of disbursements to be kept

   28. Offences

   29. Provisions of Act complementary

   30. Regulations

      SCHEDULE

AN ACT

to provide for the management, disbursement, utilisation and accountability of the Constituency Development Fund established under the Constitution; establish Constituency Development Fund Committees in constituencies and provide for their composition and functions; and provide for matters connected with, or incidental to, the foregoing.

[24th May, 2019]

Act 11 of 2018,

SI 37 of 2019.

 

PART I
PRELIMINARY

1.    Short title

This Act may be cited as the Constituency Development Fund Act.

2. Interpretation

In this Act, unless the context otherwise requires—

"associate"  has the meaning assigned to the word in the Anti-Corruption Act, 2012;

"Committee"  means the Constituency Development Fund Committee established under section 5;

"community"  means a geographically defined group of persons or sector of the public with a specific ascertainable common interest;

"constituency"  has the meaning assigned to the word in the Constitution;

"constituency account"  means an account maintained for every constituency in accordance with section 9;

"council"  has the meaning assigned to the word in the Constitution;

"councillor"  has the meaning assigned to the word in the Constitution;

"Fund"  means the Constituency Development Fund established under Article 162 of the Constitution;

"local authority"  has the meaning assigned to the word in the Constitution;

"project"  means a constituency development project and includes a project initiated by a person or a community for the benefit of the community;

"relative"  has the meaning assigned to the word in the Anti-Corruption Act, 2012;

"ward"  has the meaning assigned to the word in the Constitution; and

"Ward Development Committee"  means the Ward Development Committee established under the Local Government Act, 2019.

 

PART II
THE CONSTITUENCY DEVELOPMENT FUND COMMITTEE

3. Principles of management, disbursement and utilisation of Fund

The management, disbursement from and utilisation of the Fund shall be done in accordance with the following principles—

   (a)   transparency;

   (b)   accountability; and

   (c)   equity.

4. Role of Minister relating to Fund

The Minister is responsible for—

   (a)   the implementation of this Act;

   (b)   ensuring prudent management of the Fund;

   (c)   receipt, review and approval of project lists from Committees;

   (d)   ensuring the compilation of proper records, returns and reports from the constituencies; and

   (e)   receiving and review annual reports and returns from councils.

5. Constituency Development Fund Committee

   (1) There is established a Constituency Development Fund Committee in each constituency.

   (2) A Committee consists of the following part-time members appointed by the Minister—

   (a)   two community representatives nominated by the Member of Parliament from the constituency;


This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.