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75. (1) There shall be a Director of Audit whose office shall be a public office.
(2) The Director of Audit shall
a) satisfy himself that all moneys that have been appropriated by Parliament and disbursed have been applied to the purposes to which they were so appropriated and that the expenditure conforms to the authority that governs it; and
b) at least once in every year audit and report on the public accounts of Saint Vincent, the accounts of all officers and authorities of the Government the accounts of all courts of law in Saint Vincent (including any accounts of the Supreme Court maintained in Saint Vincent), the accounts of every Commission established by this Constitution and the accounts of the Clerk of the House.
(3) The Director of Audit and any officer authorized by him shall have access to all books, records, returns, reports and other documents which in his opinion relate to any of the accounts referred to in sub-section ( ) of this section.
(4) The Director of Audit submit every report made by him in accordance of subsection (2) of this section to the Minister for the time being responsible for finance who shall, not later than seven days after the House first meets after he has received the report, lay it before the House.
(5) If the Minister fails to lay a report before the House in accordance with the provisions of subsection (4) of this section the Director of Audit shall transmit copies of that report to the Speaker who shall, as soon as practicable, present them to the House.
(6) The Director of Audit shall exercise such other functions in relation to the accounts of the Government of the accounts of other authorities or bodies established by law for public purposes as may be prescribed by or under any law enacted by Parliament.
(7) In the exercise of his functions under subsections (2), (3), (4) and (5) of this section, the Director of Audit shall not be subject to the direction or control of any other person or authority.
AN ACT to provide for the management of the public funds of Saint Vincent and the Grenadines, for the appropriation, withdrawal and issue of sums therefrom, for the audit of public accounts and for matters connected therewith or incidental thereto.
Commencement: 1st September 1964
S.R.O. 14 of 1964
1. This Act may be cited as the Finance and Audit Act
2. In this Act-
"financial year" means the period of twelve months beginning on the 1st July in any year;
"General Orders" means orders, regulations or directions governing the conduct and discipline of public officers;
"Minister" means the Minister responsible for finance;
"statutory expenditure" means the expenditure charged on the revenues or public funds of Saint Vincent and the Grenadines by any provision of this Act or of any other law for the time being in force in Saint Vincent and the Grenadines.
3.(1) Moneys at the credit of the Consolidated Fund shall be kept in an account styled the "Accountant General’s consolidated Fund Account" at such bank or banks as the Minister may approve.
(2) The Minister may authorize the investment of moneys standing to the credit of the consolidated Fund with a bank or banks, either at call or subject to notice not exceeding twelve months, or with the Joint consolidated fund administered by the Crown Agents, or in any of the investments authorized by law for the investment of trustee funds. Such investments, together with any interest received therefrom shall form part of the Consolidated fund.
4. It shall be lawful to issue from the Consolidated fund, in pursuance of warrants under the hand of the Governor-General or the Minister, such sums as may be necessary for carrying on the government, during any period not exceeding four months between the end of a financial year and the coming into force of the Act authorizing the appropriation for the next financial year:
Provided that
a) no expenditure upon any service for which provisions has not been made in any law in force during the previous financial year shall be deemed to be authorized by this section;
b) the expenditure so authorized for any service shall not exceed one-third of the amount voted for that service in the Appropriation Act for the previous year; and
c) all sums issued in pursuance of warrants as aforesaid shall be deemed to have been issued in anticipation of grants being made by Parliament by law authorizing the appropriation for the financial year in which the sums were issued, and on the coming into operation of such law the said warrants shall cease to have effect, and issues thereunder shall be deemed to have been made for the purposes of such law and shall be accounted for in accordance with the provisions thereof.
5.(1) If at any time it appears to the Minister to be necessary that an issue should be made from the public funds of Saint Vincent and the Grenadines to defray unforeseen expenditure upon any service-
a) which, being an respect of a new service, is not provided for in any law; or
b) which would result in an expenditure in excess of the sum provided for that service in any law,
and the circumstances are such that the expenditure cannot, without reasonable injury to the public service, be postponed until adequate provision is made by Parliament, the Minister may, by special warrant in anticipation of grants being made by Parliament, authorize the issue from the public funds of Saint Vincent and the Grenadines of the sums which may, from time to time, be required to defray such expenditure.
Provided that the total sum so authorized and not yet appropriated by a law made by Parliament shall not exceed two million dollars.
(2) The Minister shall submit supplementary estimate for the approval of the House of Assembly as soon as possible after the issue of a special warrant and shall, at the next sitting of the House of Assembly occurring after the expiration of fourteen days from the date of any warrant authorizing the issue of such sums, introduce into the House of Assembly an Appropriation Bill and on the coming into operation thereof as an Act the said warrant shall cease to have effect and the issues thereunder shall be deemed to have been made for the purpose of such Act and shall be accounted for in accordance with the provisions thereof.
(3) The Governor-General or the Minister may, after consultation with the Director of finance and Planning, by advance warrant, authorize the issue from the public funds of Saint Vincent and the Grenadines of advances-
a) on behalf of, and recoverable from other governments;
b) to, or on account of, trusts or other funds administered by the Government, or to, or on behalf of , public bodies, institutions or individuals, where such advances are in the public interest and are recoverable within a period not exceeding twelve months after the close of the financial year in which such advances are made;
c) to public officers for the purposes and under the conditions as set out in General Orders;
d) for the purpose of expenditure authorized by a Loan Act, in anticipation of the raising of a loan:
Provided that the total advances authorized under paragraphs (b) and (c) shall not, after repayments have been deducted, exceed at any time five hundred thousand dollars.
6. Where, in relation to any financial year, by reason of special circumstances of that year. Cabinet considers that it is necessary in the public interest to exceed the normal limit for incurring expenditure by special warrant, it may authorize the Minister concerned to incur expenditure in excess, and in that case section 5(1) shall have effect in relation to that financial year as if the proviso to that subsection had been committed.
7. (1) the House of Assembly may, resolution, authorize the Minister to borrow, by means of advances from a bank, money, to an amount not exceeding in the aggregate the sum specified in that behalf in the resolution, to meet current requirements;
Provided that such resolution shall not have effect for any period exceeding six months.
(2) The principal and interest of all such advances shall be a charge on the Consolidated Fund and shall be payable therefrom.
(3) Where, by resolution in accordance with this section or in pursuance of any Act, power to borrow money by means of advances from a bank is conferred on the Minister, such power may be exercised by means of a fluctuating overdraft.
8. Any moneys deposited with the Accountant General, or any accounting officer, subject to a trust, not being moneys raised or received for the public purposes of Saint Vincent and the Grenadines, shall not form part of the Consolidated fund and shall not be applied in any way to the purposes of Saint Vincent and the Grenadines, but shall be kept in separate accounts, either at call or at notice, at a bank or banks, or shall be invested on behalf of the trust: and such investment may, subject to the provisions of any Act and the terms of the trust, be made by the Minister in like manner to that permitted by section 3(2) in respect of the Consolidated Fund.
9.(1) Within a period of six months after the close of each financial year, the Accountant General shall submit to the Director of Audit accounts showing fully the financial position of Saint Vincent and the Grenadines on the last day of such financial year:
Provided that the Governor-General may, by direction in writing addressed to the Accountant General, extend the period within which such accounts may be transmitted, and any direction so given shall be laid before the House of Assembly within fourteen days of its having been given, and if there is no sitting of the House of Assembly within such period within fourteen days of the commencement of its next sitting.
(2) Accounts transmitted by the Accountant General under subsection (1) shall show fully the financial position of the Consolidated Fund on the last day of each financial year and shall include-
a) an abstract account of receipts and payments;
b) a statement of the assets and liabilities at the close of the financial year;
c) a detailed statement of revenue and expenditure; and
d) such other statements as the House of Assembly may require.
10. Within a period of nine months after the close of each financial year, the director of Audit shall prepare a report of the accounts to which section 9 relates and shall submit them to the Governor-General who shall cause them to be laid before the House of Assembly:
Provided that the Minister may, by direction in writing addressed to the Director of Audit, extend the period within which such reports shall be transmitted, and any direction so given shall be laid before the House of Assembly within fourteen days of its having been given or, if there is no sitting of the House of Assembly within such period, within fourteen days of the commencement of its next sitting.
12.(1) The Director of Finance and Planning shall cause the Director of Audit and the Accountant General to be notified of any surcharge made under section 11.
(2) The Accountant General, on being notified as aforesaid, shall notify the person surcharged and shall, subject to the provisions of sections 13 and 14, recover the amount surcharged from such person.
13. The Director of Finance and Planning may, at any time, withdraw any surcharge in respect of which a satisfactory explanation has been received or if it otherwise appears that no surcharge should have been made, and in any such event the Director of Finance and Planning shall notify the director of audit and the Accountant General of the withdrawal of any such surcharge.
14.(1) Any person who is dissatisfied with any surcharge made against him under section 11 shall have the right to appeal to the Minister with a period of one month immediately after he has been notified of the surcharge:
Provided that the Minister may, in his discretion, authorize an appeal to be made after the expiration of such period of one month.
(2) After such further investigation as may be directed by him, the Minister may make such order confirming the surcharge, on directing that the appellant be released wholly or in part from the surcharge, as may appear just and reasonable.
(3) A copy of every order made by the Minister under subsection (2) shall be transmitted to the Director of Finance and Planning, to the Accountant General and to the Director of Audit.
(4) The powers conferred on the Minister by subsection (2) shall be exercised by him in his discretion after obtaining the recommendations of the Public Service Commission, the Police Service Commission or the Judicial and Legal Services Commission as the case may be.
15. The amount of any surcharge made under section 11 may, subject to the provisions of sections 13 and 14, be sued for and recovered a debt due to the Crown by action at the suit of the Attorney General in the High Court or in a magistrate’s court as may be appropriate having regard to the amount of the surcharge, or the Director of Finance and Planning may direct that the amount of any such surcharge which may be due from an officer shall be recoverable by monthly deductions from the salary or pension of such officer in such amounts, not exceeding one-sixth of the amount payable monthly to such officer in respect of salary or pension, as the case may be, as the Director of Finance and Planning shall authorize.
16.(1) The Governor-General may make regulations, to be called Financial Regulations, not inconsistent with the provisions of this Act, for the carrying out of the provisions of this Act, and without prejudice to the generality of this provision, the regulations may provide for
a) the collection, receipt, custody, issue, expenditure, due accounting for, care and management of all public moneys, and the guidance of all persons concerned therein:
b) the record, examination, inspection and departmental check of all receipts and expenditure, and the keeping of all necessary books and accounts:
c) the forms for all books and documents whatever required under the provisions of this Act or the regulations made hereunder;
d) the purchase, safe custody, issue, sale or other disposal or writing off of public stores and other property of the Crown, and the proper accounting for, and stocktaking of, such stores and property;
e) the preparation of estimates of revenue and expenditure;
f) the authorization of rates of payment of public funds for specific purposes where such rates of payment are not provided by law;
g) the making of advances to public officers and other persons, and the rates and limits of such advances and the rates of interest thereon.
(2) Regulations made under this section may provide in relation to such provisions thereof as may be specified therein, that it shall be an offence for any person to counsel, procure, command, persuade, incite or abet a public officer to contravene those provisions, and that such offence shall be punishable with a fine not exceeding eight thousand dollars and by imprisonment for a term not exceeding six months, as may therein be so specified.
(3) All such regulations shall be presented to the House of Assembly as soon as may be after publication in the Gazette, and if a resolution is passed, pursuant to a motion notice whereof has been given for a sitting day not later than the first available sitting day of the House of Assembly next after expiry of one month from the date when such regulations are so presented, annulling the regulations or any part thereof as from a specified date, such regulations, or such part thereof, as the case may be, shall thereupon become void as from such date without prejudice to the validity of anything previously done thereunder or to the making of new regulations.
17.(1) Any person who counsels, procures, commands, persuades, incites or abets any public officer to infringe any of the provisions of section 3, the second proviso to section 4 or sections 8,11,12,13 or 15 is guilty of an offence and liable to a line of eight thousand dollars and to imprisonment for six months.
(2) Where on the conviction of any person under this Act, or against any regulations made hereunder, it appears to the court that the Crown has suffered financial loss through the commission of such offence, the court may, on the application of the Crown made by the person presenting, and notwithstanding the provisions of any other Act to the contrary, adjudge the person convicted to pay, as compensation to the Crown in addition to a fine, a sum not exceeding the amount of such financial loss as aforesaid. The payment of any sum so adjudged as compensation shall be enforced in the same manner as any penalty imposed under the Criminal Code.
(3) Where such compensation as aforesaid has been paid by the person convicted, such payment shall be a bar to any further action against the same person in respect of the same financial loss as aforesaid.
(4) The provisions of section 137 of the Criminal Procedure Code shall not apply to complaints made for offences against this Act or against regulations made hereunder.
