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Broadcasting
Services Act, 2001
April 04, 2001
Contents
FOURTH
SCHEDULE - (Section 5)
1. Funds
of Authority
2. Financial
year of Authority
3. Surplus
funds of Authority to be appropriated to Broadcasting Fund
4. Accounts
of Authority
5. Audit
of Authority’s accounts
6. Powers
of auditors
7. Execution
of contracts and instruments by Authority
8. Reports
of Authority
9. Chief
Executive and other employees of Authority
Part
I
Financial
Provisions
1 Funds
of Authority TOP
The funds of the Authority
shall consist of—
(a) fees, charges
and other income accruing to the Authority from licences issued and
other things done by it in terms of this Act; and
(b) the proceeds
of any monetary penalties imposed by the Authority in terms of subsection (9)
of section 24; and
(c) such moneys
as may be payable to the Authority from moneys appropriated for the
purpose by Act of Parliament; and
(d) such other
moneys as may vest in or accrue to the Authority, whether in the course
of its operations or otherwise.
2 Financial
year of Authority TOP
The financial year
of the Authority shall be the period of 12 months ending on the 31st December
in each year.
3 Surplus
funds of Authority to be appropriated to Broadcasting Fund
TOP
Any surplus of income
over expenditure at the end of the Authority’s financial year, less an
amount to be retained by the Authority to cover its estimated recurrent
expenses for the following six months, shall be appropriated to the Broadcasting
Fund established by section 29.
4 Accounts
of Authority TOP
(1) The Board shall
ensure that proper accounts and other records relating to such accounts
are kept in respect of all the Authority’s activities, funds and property,
including such particular accounts and records as the Minister may direct.
(2) Not later than
three months after the end of each financial year of the Authority, the
Authority shall prepare and submit to the Minister a statement of accounts
in respect of that financial year or such other period as the Minister
may direct.
5 Audit
of Authority’s accounts TOP
(1) Subject to
the Audit and Exchequer Act [Chapter 22:03], the Authority
shall appoint as auditors one or more persons approved by the Minister
who are registered as public auditors in terms of the Public Accountants
and Auditors Act
(2) The accounts
kept by the Authority in terms of subparagraph (1) of paragraph 4
shall be examined by the auditors appointed in terms of subparagraph (1).
(3) The auditors
appointed in terms of subparagraph (1) shall make a report to the
Board and the Minister on the statement of accounts prepared in terms
of subparagraph (2) of paragraph 4 and such report shall state
whether or not in their opinion the statement of accounts gives a true
and fair view of the Authority’s affairs.
(4) In addition
to the report referred to in subparagraph (3), the Minister may require
the Board to obtain from its auditors appointed in terms of subparagraph (1)
such other reports, statements or explanations in connection with the
Authority’s operations, funds and property as the Minister may consider
expedient, and the Board shall forthwith comply with any such requirement.
6 Powers
of auditors TOP
(1) An auditor
referred to in paragraph 5 shall be entitled at all reasonable times
to require to be produced to him all accounts and other records relating
to such accounts which are kept by the Authority or its agents and to
require from any member of the Board or employee or agent of the Authority
such information and explanations as in the auditor’s opinion are necessary
for the purposes of his audit.
(2) Any member
of the Board or employee or agent of the Authority who fails without just
cause to comply with a requirement of an auditor in terms of subparagraph (1)
shall be guilty of an offence and liable to a fine not exceeding $2,500
or to imprisonment for a period not exceeding three months or to both
such fine and such imprisonment.
Part
II
Miscellaneous
Provisions Relating to Authority
7 Execution
of contracts and instruments by Authority TOP
Any agreement, contract
or instrument approved by the Board may be entered into or executed on
behalf of the Authority by any persons generally or specially authorised
by the Board for that purpose.
8 Reports
of Authority TOP
(1) In addition
to any report which the Authority is required to submit to the Minister
in terms of this Act or the Audit and Exchequer Act , the Authority—
(a) shall submit
to the Minister such other reports as the Minister may require; and
(b) may submit
to the Minister such other reports as the Authority considers advisable;
in regard to the operations
and property of the Authority.
(2) The Minister
shall, within six months of the end of the Authority’s financial year,
lay before Parliament a report submitted to him by the Authority in terms
of subparagraph (1), together with the statement of accounts and
auditor’s report for the preceding financial year of the Authority referred
to in paragraphs 4 and 5.
9 Chief
Executive and other employees of Authority TOP
(1) For the better
exercise of the functions of the Authority the Board may, in consultation
with the Minister, appoint a person to be the Chief Executive of the Authority,
on such terms and conditions as the Board, with the approval of the Minister,
may fix.
(2) The Board shall
terminate the appointment of the Chief Executive if he would be required
in terms of paragraph (b) or (c) of paragraph 3 of the Third
Schedule to vacate his office had that paragraph and subparagraphs (a),
(b) and (c) of subparagraph (1) of paragraph 2 of the Third
Schedule, and subparagraph (2) of that paragraph, applied to him.
(3) The Board shall
not terminate the services of the Chief Executive on a ground other than
one referred to in subparagraph (2) without the approval of the Minister.
(4) The Board shall
employ such persons in addition to the Chief Executive as it considers
expedient for the better exercise of the functions of the Authority.
(5) Subject to
the general control of the Board, the Chief Executive shall be responsible
for—
(a) managing
the operations and property of the Authority; and
(b) supervising
and controlling the activities of the employees of the Authority in
the course of their employment.
(6) The Board may
assign to the Chief Executive such of the functions of the Board as the
Board thinks fit:
Provided that the
Board shall not assign to the Chief Executive any duty that has been assigned
to the chairman of the Board.
(7) Any assignment
of functions in terms of subparagraph (6) may be made either generally
or specially and subject to such reservations, restrictions and exceptions
as the Board may determine, and may be revoked by the Board at any time.
(8) The Chief Executive
shall have the right to attend meetings of the Board and, except in the
case of any discussion relating to the terms and conditions of his appointment,
to take part in the proceedings of the Board as if he were a member, but
shall not have a vote on any question before the Board.
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