Revocationix x
debit card, Automated Teller Machine (ATM),
computer magnetic tape or any other electronic
device so as to order, instruct, or authorize a financial
institution to debit or credit an account;
"Ineligible Expenditure" means expenditure that either
has been made in excess of a provision of the State
budget or has been used for purposes other than for
which it was approved.
“Ministry” means the Ministry responsible for finance
and “Minister” shall be construed accordingly.
PART II –INSTITUTIONAL RESPONSIBILITIES IN BUDGET
SYSTEMS
3. (1) For the purpose of section 4 of the Act, the Cabinet
shall establish a Cabinet Budget Committee, which shall be a
subcommittee of the Cabinet, composed of -
(a) the Minister whom shall chair the Cabinet
Budget Committee; and
(b) such other ministers as specified by the
President of the Republic.
(2) The Cabinet Budget Committee shall assist the
Cabinet in performing its functions under section 4 of the Act and
shall be responsible for–
(a) providing the Cabinet recommendations on
the Fiscal Strategy Statement, the State
budget, and a Supplementary Estimate as
set out in regulation 25;
(b) providing the Minister recommendations on
expenditure ceilings in a budget call circular;
(c) providing recommendations or approval, as
the case may be, on use of the Contingencies
Fund, special warrant of the President, and
unallocated head of expenditure;
(d) scrutinizing a fiscal report before it is
submitted to Parliament;
(e) providing the Cabinet an opinion on a new
policy with financial implication; and
(f) performing such other functions as may be
specified by the Cabinet.
Cabinet
STATUTORY INSTRUMENT NO. 4 OF 2018,
Published 21st June, 2018
The Public Financial Management Act, 2016
(Act No. 13 of 2016)
THE PUBLIC FINANCIAL MANAGEMENT REGULATIONS, 2018
In exercise of the powers conferred upon him by section 123
of the Public Financial Management Act, 2017, the Minister hereby
makes the following Regulations.
PART 1–PRELIMINARY
1. These Regulations shall apply to the general government
institutions, including public enterprises.
2. In these Regulations, unless the context otherwise requires–
“Act” means the Public Financial Management Act,
2016;
"Appropriation-in-Aid" means an appropriation for
expenditure of a budgetary or a sub-vented agency
that is financed by revenue approved by Parliament
to be used by the budgetary or sub-vented agency;
"Capital transfers" means any unrequited transfer
where either the party making the transfer realizes
the funds involved by disposing of an asset (other
than cash or inventories), by relinquishing a financial
claim (other than accounts receivable); or the party
receiving the transfer is obliged to acquire an asset
(other than cash or inventories) or both conditions
are met;
"Chief Accountant" means the highest-ranking
accountant in a budgetary or sub-vented agency;
"Commissioner-General" means the Commissioner-
General appointed under any existing National
Revenue Authority Act;
"Electronic Document" means information that is
created, generated, communicated, stored, displayed
or processed by electronic means;
"Electronic Fund Transfer" means any transfer of
funds, other than a transaction originated by cheque,
draft or similar paper instrument, which is initiated
through an electronic terminal, telephonic instrument,
point-of-sale terminal, stored value card terminal,
Application.
Interpretation.
Short title.
(3) The Cabinet Budget Committee shall meet at least
quarterly.
(4) The Cabinet Budget Committee shall prescribe its own
procedures.
4. (1) For the purpose of section 11 of the Act, the head of
a budgetary agency shall establish a Budget Committee which shall
be chaired by the vote controller and includes a budget officer, who
shall serve as secretary to the Budget Committee and such other
public officers as specified by the vote controller.
(2) The Budget Committee of a budgetary agency shall
be an advisory body to the vote controller and shall be responsible
for -
(a) coordinating preparation of budget proposals
and strategic, procurement, and personnel
plans;
(b) monitoring and coordinating budget
execution; and
(c) performing any other functions as may be
specified by the vote controller.
(3) The vote controller shall prescribe the procedures for
the Budget Committee of the budgetary agency in accordance with
a circular of the Minister.
5. District Budget Oversight Committees established under
sub-section (1) of section 4 of the Act shall consist of between ten
and sixteen members, being persons of note in the district who are
not members of the public service or local council, selected by the
Chiefdom Administration after consultation with the Financial
Secretary and the persons representing each ward or chiefdom in
the district.
PART III–MACROECONOMIC AND FISCAL POLICIES
6. (1) The fiscal objectives set out at subsection (1) of
section 21 of the Act shall ensure the sustainable funding of State
expenditure, and subject to the foregoing, contribute to the
macroeconomic stability and growth and poverty reduction.
(2) The Fiscal Strategy Statement that is first prepared by
the new Cabinet and specifies the fiscal objectives for the next five
years shall–
(a) define in full accordance with the internationally accepted standards-
(i) the fiscal indicators of public debt,
deficit, compensation of employees,
revenue, external grants, and other
indicators used in the fiscal objectives;
(ii) the general government or its subsectors or components covered by th e
fiscal objectives;
(b) specify the institutions responsible for
producing the outturn data on the fiscal
indicators and the reports in which the outturn
data to verify compliance with the fiscal
objectives are presented.
(3) In relation to the fiscal objectives, the Fiscal Strategy
Statement shall include–
(a) analysis of consistency between fiscal forecasts mentioned in paragraph (c) of subsection (1) of section 23 of the Act and the fiscal
objectives; and
(b) if the fiscal forecasts are inconsistent with
the fiscal objectives, the reasons why a
consistent framework has not been recommed and the corrective measures towards the
achievement of the fiscal objectives.
7. (1) For the purpose of subsection (1) of section 22 of the
Act, the Minister shall establish a Macro-Fiscal Strategy Group
responsible for macroeconomic modelling and forecasting.
Committees
of budgetary
District
Oversight
Fiscal objectives.
Macro-fiscal
Strategy
Group
(2) The Macro-Fiscal Strategy Group shall be chaired by
a representative from a division of the Ministry responsible for the
macroeconomic and fiscal policy and composed of representatives
from -
(a) such other divisions of the Ministry as
determined by the Minister;
(b) the Bank of Sierra Leone;
(c) the National Revenue Authority;
(d ) Statistics Sierra Leone; and
(e) any ministry or entity invited by the Minister
from time to time to present to the Group, but
not to partake in decisions or substantive
discussions of the Group.
(3) The Macro-Fiscal Strategy Group shall, at least, -
(a) discuss and advise on the key assumptions
to be used in macroeconomic forecasting;
(b) produce macroeconomic forecasts for the
next three years, including forecasts of gross
domestic product, inflation, the balance of
payments, exchange rate, and other main
macroeconomic variables;
(c) produce fiscal forecasts for the subsequent
three years, including forecasts of revenue,
expenditure, deficit, borrowing, and other
main fiscal variables; and
(d) produce analyses of macroeconomic risks.
8. (1) For the purpose of subsection (1) of section 24 of the
Act, before a new policy with financial implication is introduced to
the Cabinet, the responsible minister shall produce and provide the
Minister with the cost information and assessment of affordability.
(2) A new policy with financial implication introduced to
the Cabinet for decision, whether in a form of a draft Bill or otherwise,
shall be accompanied by the Minister's opinion on its cost information
and assessment of affordability.
(3) The Minister shall issue a circular to prescribe the
timeframe for proposing a new policy with financial implication and
other instructions for implementation of this regulation.
PART IV–PREPARATION AND APPROVAL OF BUDGET
(Appropriations and budgetary principles)
9. (1) The Financial Secretary shall, on the proposal of the
Budget Bureau, determine the structure and nomenclatures of items
of revenue and expenditure in the estimates, in accordance with the
revenue laws and internationally accepted standards, and in
accordance with the following paragraphs of this regulation and
regulations 10 and 11.
(2) The Financial Secretary shall not make a change in
the items of revenue and expenditure or create a new item, unless the
Accountant-General has made a change in the codes of the chart of
accounts or has created a new code to reflect the change.
(3) In addition to the administrative and economic
classification required under paragraph (a) of subsection (2) of section
27 and subsection (3) of the Act, the Financial Secretary may classify
expenditures in the State budget by the functions of the Government
or by other classification.
(4) The economic and functional classification mentioned
in subsection (3) of section 27 of the Act and sub-regulation (3) shall
be in accordance with internationally accepted standards.
10. (1) For the purpose of subsection (2) of section 27 of the
Act, the revenue and expenditure estimates shall be divided into
such heads of expenditure as determined by the Financial Secretary.
(2) The purposes of expenditures included in, and the
services provided under, each head of expenditure shall be outlined
in a preamble to the head to be called the "ambit of the vote".
Policy costing
classification.
Head of
expenditure
and ambit of
vote.
(3) No expenditure shall be charged to the head unless it
falls within the ambit of the vote.
11. (1) Each head of expenditure shall be divided into such
programs as determined by the Financial Secretary.
(2) Each program shall -
(a) include, as far as possible, all the items of
expenditure relating to particular services
provided under the program and show clearly
the total estimated cost of the services; and
(b) meet the requirements under regulation 12.
(3) The items of expenditure under each program shall be
classified into the following groups–
(a) compensation of employees;
(b) other recurrent expenditure excluding current
transfers;
(c) current transfers;
(d) capital transfers; and
(e) capital expenditure.
(4) Compensation of employees shall contain–
(a) basic salaries;
(b) personnel allowances such as allowances for
special duty, overtime, representation
expenses, entertainment, housing, medical,
transport, power clothing, or allowances in
lieu of accommodation;
(c) retiring benefits, including pensions and
gratuities; and
(d) government contribution to social security.
(5) Each personnel allowance shall be described in a
separate line item of expenditure and shall not be included in the
same line item as that of basic salaries.
12. (1) For the purpose of subsection (4) of section 27 of the
Act, expenditures in the state budget may be classified by programs,
if -
(a) the head of a relevant budgetary agency
appoints a program manager for each program,
whose responsibilities are specified in
writing;
(b) the objectives and activities of each program
are specified and evaluated in the budget
preparation process;
(c) the program structure is reflected in the
chart of accounts; and
(d) such other requirements as prescribed by the
Financial Secretary are complied with.
(2) A program classification may be applied to some or all
of the expenditures of one or more budgetary agencies.
13. (1) For the purpose of subsection (2) of section 29 of the
Act, any fees and charges collected by a budgetary agency, under or
by an Actof Parliament, shall be deposited into the Consolidated
Fund and shall not be earmarked or retained for the expenditure of
the agency, unless provided otherwise by an Act of Parliament.
(2) A credit balance of any bank account into which fees
and charges collected by a budgetary agency are deposited shall be
daily swept into the designated Treasury account in accordance with
paragraph (g) of sub-regulation (1) of regulation 31.
14. (1) A sub-vented agency may use fees and charges that
it collects to finance its expenditure only when -
(a) the fees and charges are reviewed by the
Cabinet under sub-regulation (2) of
regulation 246; and
Program and
group of
Expenditures.
Program
classification.
Prohibition of
retaining fees
and charges of
budgetary
Retaining fees
and charges of
sub-vented
(b) the maximum amount of expenditure to be
financed by the fees and charges is authorized
by Parliament as an Appropriation-in-Aid in
the State budget.
(2) Notwithstanding sub-regulation(1), a sub-vented
agency that is treated as a budgetary agency under sub-regulation
(1) of regulation 252 shall deposit fees and charges that it collects
into the Consolidated Fund and shall not retain or earmark the fees
and charges for the expenditure of the agency.
(3) An Appropriation-in-Aid shall be presented in the
State budget on a gross basis without being netted with any revenue.
(Budget preparation and approval)
15. (1) No later than the end of every March, the Financial
Secretary shall issue the budget call circular which includes–
(a) a budget calendar setting out the timeframe
for preparation and approval of the State
budget;
(b) instructions for preparation of the mediumterm strategy and work plans for the
implementation of that strategy; and
(c) any other matters as deemed necessary by
the Financial Secretary.
(2) A budget call circular shall give budgetary agencies
and sub-vented agencies at least a six week-period for preparation of
their budget proposal.
(3) In addition to a budget proposal, by such date as
prescribed by a budget call circular, every budgetary agency and
sub-vented agency shall submit to the Minister, at least–
(a) a plan on recruitment, retirement, promotion,
and payroll allocation for the next three years
or more with relevant costs;
calendar
issue.
(b) an annual cash flow plan;
(c) a strategic plan which presents prioritized
policy measures for the implementation of
programmes in the national development plan,
for the next three years or more and their
estimated costs and work plans for their
implementation; and
(d) a procurement plan according to section 29
of the Public Procurement Act, 2016.
(4) No later than the end of every May, the Minister shall
submit the draft Fiscal Strategy Statement to the Cabinet for its
scrutiny and approval, after holding budget hearings concerning
expenditure ceilings and policy measures.
(5) The Minister shall submit an annually updated Fiscal
Strategy Statement to Parliament for its information before Parliament
goes into a summer recess but in any case, no later than the end of
every July.
(6) In accordance with subsection (1) of section 31of the
Act, the Financial Secretary may issue a revised budget call circular
including the expenditure ceilings.
(7) The Minister or Ministry shall hold budget hearings
concerning the draft State budget, before submitting the finalized
State budget to the Cabinet for approval.
16. For the purpose of paragraph (a) of subsection (2) of section
31 of the Act, expenditure ceilings of a budget call circular shall be
consistent with the fiscal forecasts set out in the annual updates of
the Fiscal Strategy Statement.
17. (1) When preparing revenue estimates to be included in a
budget proposal under paragraph (a) of subsection (1) of section
32 of the Act, a vote controller of a budgetary agency shall -
(a) identify all activities that already g en er a t e
revenue or have a potential to generate
revenue;
ceilings in
Budget Call
Circular.
Revenue and
Estimates in
Proposals.
(b) assess efficiency of assessment and, or
collection, where applicable, and accura cy
of past revenue estimates;
(c) indicate in a budget proposal, assumptions
of the revenue estimates and plans to change
rates and charges;
(d) explain the rationale for changes in rates and
charges;
(e) describe the outlook for corresponding tax
bases;
(f) list all revenues to be collected by the
budgetary agency as provided by an act of
Parliament; and
(g) include all revenue collected, if any.
(2) When preparing expenditure estimates to be included
in a budget proposal under paragraph (b) of subsection (1) of section
32 of the Act, a vote controller of a budgetary agency shall -
(a) incorporate the recurrent expenditures for
ongoing and new projects and also
payments to settle outstanding multiannual
commitments;
(b) reflect the impact of new policy measures
and any changes in costs of current policy
measures;
(c) prioritize policy measures within expenditure
ceilings and in accordance with the Fiscal
Strategy Statement and the budget call
circular;
(d) ensure that the expenditure estimates are
consistent with personnel, strategic, and
procurement plans; and
(e) include all recurrent and capital
expenditure of the budgetary agency.
18. (1) The budget call circular shall require every vote
controller to submit within a specified time and in a prescribed manner
a medium- term budget framework for his budget entity, including -
(a) a medium-term strategy and target outcomes
in line with national and sectoral strategies, and keyperformance indicators for
assessing the achievement of the outcomes;
(b) detailed work plans for the implementation
of the strategy andthe anticipated revenue
and recurrent and capital expenditure for the
following three years within the financial
ceilings prescribed by the Minister;
(c) a procurement plan showing details of the
estimated amount of continuing contracts
and each contract to be entered into in the
following year, item to be purchased,
estimated timing and amount of payments,
and the modality of each contract; and
(d) revised estimates of revenue and expenditure
for the current year.
(2) A vote controller shall, in preparing draft estimates of
revenue and expenditure, convene a budget committee meeting to
review and ensure that the estimates are realistic and accurate in all
respects and are prepared with the involvement of all relevant
divisional or programme officers, procurement officers, internal
auditors and other relevant officials of the budgetary agency in
accordance with any other instruction or guideline given by the
minister.
(3) A vote controller shall brief his Minister on the
preparation of the budget and, during the year, on budget performance.
Participatory
budget
discussions
(4) Proposals for any new establishment or expansion of
an existing one including an increase or upgrading in the
establishment, shall be included in the draft estimates only after the
approval of the Minister has been obtained.
(5) Not later than the end of every September, the
Financial Secretary as chairman with the Director of Budget and local
government finance departments shall convene the stakeholder
budget discussions of Central Government followed by Local
Councils.
(6) The discussions with Local Councils shall be held at
the respective district or municipality.
(7) The stakeholders of the participatory budget
discussions shall include Civil Society Organisations, District Budget
Oversight Committee Members, the Media, Non-State Actors, Donors,
Members of Parliament and budgetary and sub-vented agencies.
19. (1) For the purpose of subsection (1) of section 35 of the
Act, when a cost of a project or Public Private Partnership (PPP)
project, including a transformational development project, exceeds
1% of the Annual Public Investment Program for the budget year,
the project or PPP project shall not be included in the State budget,
unless the Minister determines that the project or PPP project is -
(a) affordable, which means that financial
obligations, including contingent liabilities,
to be incurred for the project or PPP project
may be met by the State budget without
hindering achievement of the fiscal
objectives established under section 21 of
the Act or the principles of responsible
financial management mentioned in
subsection (2) of section 20 of the Act;
(b) economically viable, which means that the
project or PPP Project is feasible and
determined by cost-benefit analysis to have
more benefits than costs; and
(c) the best option, which means that the project
or PPP project is the most efficient and
effective option to deliver the good or
service.
(2) All budgetary or sub-vented agencies shall, in
relation to all projects and PPP projects, included in the lists mentioned
in paragraph (a) of subsection (1) of section 35 of the Act, gather
and submit to the Minister all necessary information about the
project to allow the Ministerto determine if the project meets the
criteria in sub-regulation (1).
(3) For the purpose of subsection (1) of section 35 of the
Act, the Minister has the power to select a transformational
development project to be included in the State budget.
(4) The Minister may select a transformational
development project only when it meets the requirements under this
regulation.
(5) The Minister shall publish the Public Investment
Operational Manual, which describes the standard methodologies to
design, estimate cost of, and appraise whether the project or PPP
project is affordable, economically viable, and the best option.
(6) The Operational Manual shall also prescribe the
procedures of project selection and financing, implementation, and
monitoring & evaluation.
(7) Estimates of revenue foregone due to waivers and
reductions shall be attached to any project or PPP project mentioned
in section 35 of the Act when submitting to Parliament.
20. (1) The preparation, submission, screening, appraisal,
and selection of all new projects and PPP projects into the Public
Investment Programme hereinafter called "PIP", shall follow the
procedures provided in the National Public Investment Management
Operational Manual, and completed by such date as prescribed in a
budget call circular.
Public
investment
process.
Preparation
of Public
Investment
Programme.
(2) For the purpose of subsection (1) of section 35 of the
Act, by such date as prescribed in a budget call circular, every
budgetary and sub-vented agency shall submit to the Minister the
following documents and information of all on going and new projects
and PPP projects, using templates provided by the Public Investment
Management Unit -
(a) documents required in paragraph (c) of
subsection (1) of section 35 of the Act;
(b) a revised contract including all technical and
financial information in the event of contract
variation during implementation, for existing
PPP projects; and,
(c) any other documents and information may
be required by a budget call circular.
(3) The PIP shall be finalized by such date as prescribed
in a budget call circular and as instructed in the National Public
Investment Management Policy.
(4) The Minister may refuse to include a public
investment project or PPP project in the State budget, if the responsible
budgetary or sub-vented agency fails to comply with the requirements
under sub-regulations (1) and (2).
21. (1) Once a new project is included in the PIP, budgetary
or sub-vented agencies may start the contractual negotiation,
procurement, and implementation activities according to the National
Public Investment Management Operational Manual.
(2) All procurement activities shall be in compliance with
the Public Procurement Act in force.
22. (1) A development plan of the Government, referred to
development in paragraph (c) of sub-regulation (3) of regulation 15,
shall include cost information on planned projects.
(2) Financial resources required by a development plan
of the Government shall be consistent with the fiscal objectives
established under section 21 of the Act.
23. (1) The use of the Contingencies Fund shall be in
accordance with subsection (1) of section 37 of the Act.
(2) Expenditures that shall not be funded by the
Contingencies Fund or a special warrant of the President or the
unallocated head of expenditures include but is not limited to -
(a) expenditure that, although known when
finalizing the State budget, could not be
accommodated within the State budget;
(b) increase in expenditure due to tariff
adjustments or price increases; and
(c) expenditure for extensions of existing
services or creation of new services that are
not urgent or unforeseen.
(3) The Minister or the President as the case may be, may
consult the Cabinet Budget Committee before exercising his authority
for the Contingencies Fund or a special warrant under subsection (3)
of section 37 or subsection (1) of 38 of the Act.
(4) The Minister shall obtain approval of the Cabinet
Budget Committee before issuing a warrant for the unallocated head
of expenditure under subsection (2) of section 39 of the Act.
(5) When rejecting a request for the use of the
Contingencies Fund or the unallocated head of expenditure, the
Minister shall convey the decision to the affected agency.
(6) For the purpose of paragraph (c) of subsection (5) of
sections 37, subsection (3) of 38 and subsection (5) of 39 of the Act,
expenditure paid during a financial year by using the Contingencies
Fund, special warrant of the President, or unallocated head of
expenditures shall be reflected in a Supplementary Estimate, if any is
submitted within the financial year under subsection (1) of section 42
of the Act.
Public
Investment
Programme
Execution.
Coordination
with
Development
Planning.
Use of
Contingencies
24. (1) In accordance with paragraph (a) of subsection (2)
of section 114 of the Constitution and section 41 of the Act, the
President shall issue a warrant for expenditure, authorized by the
Minister with the prior-approval of Parliament, to be made before an
Appropriation Act comes into force.
(2) Expenditure authorized under paragraph (1) -
(a) may be made only for services for which a
provision was made in the state budget or
Supplementary Estimate of the previous
financial year; and
(b) shall not exceed one third of the total
expenditure authorized in the State budget
of the previous financial year.
(In-year adjustments)
25. (1) For the purpose of subsection (5) of section 42 of the
Act, aSupplementary Estimate shall not increase the total expenditure
of the State budget, unless the increase in the total expenditure -
(a) is required due to a natural disaster, epidemic
of illness, or other significant and unforeseen economic and financial event; or
(b) can be financed by the increase in the
revenue other than domestic or e x t er n a l
borrowing.
(2) In addition to information required under subsection
(5) of section 42of the Act, a Supplementary Estimate shall be
accompanied by a justification for its proposal.
(3) When a Supplementary Estimate increases the total
expenditure of the State budget, the Minister shall submit to
Parliament, at least, the following information -
(a) revised fiscal forecasts, including revenues,
expenditures, deficit, and debt, of the State
budget for the next three years or more;
(b) the impact on achievement of the fiscal
objectives and the adjustments to be made
towards its achievement; and
(c) a source of financing.
(3) All budgetary agencies shall request additional funds
through a Supplementary Estimate in accordance with a circular for
that purpose.
(4) The Minister may annually issue a circular on
preparation of a Supplementary Estimate.
26. (1) When a function is to be transferred between heads
of budgetary agencies, the Minister shall be consulted in advance,
and a head of a budgetary agency to which a function is transferred
shall submit to the Minister a memorandum to request a
Supplementary Estimate.
(2) A circular mentioned in sub-regulation (5) of regulation
25 shall include instructions for implementation of this regulation.
Virement
27. (1) All virements shall be made in accordance with section
43 of the Act.
(2) An item of expenditure from which reallocation is made
shall not be eligible for provisions of additional funds by a
Supplementary Estimate, the Contingencies Fund, a special warrant
of the President, or the unallocated head of expenditure.
(3) Reallocation shall not be made by the head of a
budgetary agency or approved by the Minister under sub-section
(2) or (3) of section 43 of the Act, unless -
(a) an amount of an item of expenditure reduced
by the reallocation is still sufficient to pay
outstanding and planned commitments under
he item of expenditure; and
Temporary
budget.
Supplementary
Estimate.
Transfer of
functions.
Virement.
(b) the reallocation does not create conflict with
the priorities and objectives of the agency.
28. (1) The Minister may delegate to the Financial Secretary
all or part of his powers for approving reallocation between different
subheads under subsection (2) of section 43 of the Act.
(2) When requesting the Minister's or Financial
Secretary's approval for reallocation, the vote controller shall submit
an Application for Virement form clarifying the chart of account codes
of the items from and to which the reallocation is made.
(3) When approving reallocation requested under subregulation (2), the Minister shall issue a virement warrant that is
numbered sequentially within the same financial year.
(4) When making reallocation within the same subhead
under subsection (3) of section 43 of the Act, the head of a budgetary
agency shall use such standard preform as determined by the Financial
Secretary.
(5) The vote controller of each budgetary agency shall
maintain a register of all the virements made by the agency.
(6) The vote controller of a budgetary agency shall
submit to the Minister a quarterly report that specifies all virements
that the agency made during the quarter.
29. (1) For the purpose of subsection (1) of section 45 of the
Act, a provision of the State budget of a financial year which was not
spent in the financial year may be carried over, subject to availability
of cash, to the following financial year with the approval of the
Minister only to discharge an outstanding commitment that has been
made before the end of the financial year and provided for in the next
financial year budget.
(2) The head of a budgetary agency shall submit to the
Minister a request for carryover under this regulation in accordance
with a circular of the Minister.
(3) A provision of the State budget shall not be carried
over for more than one financial year.
30. (1) A vote controller of a budgetary agency shall not
incur or settle any commitment for which public money has not been
provided by the State budget or authorized to be charged on the
Consolidated Fund.
(2) When a budgetary agency has overspent a head or
subhead of expenditures under the State budget or made unbudgeted
expenditure, the Minister shall require the head of the budgetary or
sub-vented agency to submit an action plan under paragraph (b) of
subsection (2) of section 120 of the Act, as soon as practicable after
the end of a financial year.
(3) As soon as practicable after the end of a financial
year, the Minister shall submit to Parliament a report on overspending.
(4) The Minister shall issue a circular to prescribe the
instructions for implementation of this regulation.
Part V - Cash Management and Banking Arrangements
(Banking Arrangements)
31. (1) For the purpose of subsection (1) of section 47 of the
Act, the Minister shall establish a core Treasury Single Account
structure, which shall satisfy at least the following requirements -
(a) the Treasury Single Account shall include
only one bank account opened with the Bank
of Sierra Leone hereinafter called "Treasury
Main Account" and other accounts of the
Treasury Single Account opened with the
Bank of Sierra Leone and commercial banks
in accordance with subsection (2) of section
47;
(b) all tax and non-tax revenue of the
Consolidated Fund shall be deposited into
the Treasury Main Account;
Procedure for
Virement.
Carryover.
Unbudgeted
expenditure
and overspending.
Establishment
of Core
Treasury
Single
Account
structure.
(c) all expenditure of the Consolidated Fund shall
be paid out of the Treasury Main Account,
except the following expenditures which may
be paid from a bank account other than the
Treasury Main Account -
(i) expenditure for externally financed
projects included in a Public Investment
Program;
(ii) expenditure for embassies;
(iii) expenditure made from imprest funds;
(iv) expenditure made from special funds.
(d) there shall be a book of sub-ledger accounts
where revenue of each sub-ledger account
shall be recorded as a credit balance of the
Treasury Main Account and expenditure of
each sub-ledger account shall be recorded
as a debit balance of the Treasury Main
Account;
(e) separate sub-ledger accounts shall be opened
for–
(i) major categories of revenue and
expenditure;
(ii) major categories of financing
transactions and advance payments;
(iii) major budgetary and sub-vented
agencies;
(f) bank accounts may be opened with said
commercial banks only as transit accounts
into which tax and non-tax revenue is
deposited before being deposited into the
Treasury Main Account;
(g) all credit balances of transit bank accounts
opened with commercial banks shall be
swept automatically into the Treasury Main
Account at the end of every business day;
(h) bank reconciliation of all bank accounts
included in the Treasury Single Account
shall be automatically or manually, as the
case may be, conducted every business day;
(i) at the end of every business day, a
consolidated statement with the following
contents shall be auto-matically generated -
(i) a debit and credit balance of each subledger account;
(ii) a credit balance of the Treasury Main
Account; and
(iii) credit balances of all said commercial
bank accounts included in the Treasury
Single Account.
(2) All commercial banks shall submit to the Accountant-
General at the end of the day, all information identifying the payments
made in the day.
(3) When a commercial bank does not comply with the
requirements of paragraph (1) of sub-regulation (1) and sub regulation
(2), the Accountant-General may require the account to be closed
under sub-regulation (2) of regulation 34 and sub-regulation (3), and
transfer any balance to the Treasury Main Account.
(4) The Cabinet shall, on the proposal of the Minister,
issue an Order that specifies, in accordance with the requirements
under sub-regulation(1), -
(a) the bank accounts opened for ministries,
other departments, and sub-vented agencies,
into or from which revenue or expenditure of
the Consolidated Fund is deposited or paid,
and which shall be closed;
(b) the sub-ledger accounts to be opened as part
of the core Treasury Single Account structure
established under sub-reg-ulation(1);
(c) the transit bank accounts to be opened with
said commercial banks as part of the core
Treasury Single Account structure established under sub-regulation (1); and
(d) the expenditures of the Consolidated
Revenue Fund that will be paid from bank
accounts outside the core Treasury Single
Account structure.
(5) Under paragraph (a) of sub-regulation (4), all bank
accounts opened for ministries, other departments, and sub-vented
agencies, into or from which revenue or expenditure of the
Consolidated Revenue Fund is deposited or paid, shall be closed,
except for bank accounts -
(a) from which the expenditures excluded from
the core Treasury Single Account structure
under paragraph (d) of sub-regulation (4) are
to be paid; and
(b) the needs of which are fully justified.
(6) When proposing a draft Order under sub-regulation
(4), the Minister shall ensure that
(a) a sub-ledger account is opened only for an
accounting item that requires its cash balance
to be recorded separately from the rest of
the Consolidated Fund; and
(b) the structure of the sub-ledger accounts uses
the classification of the chart of accounts, to
the extent possible.
32. (1) All revenue and expenditure of donor funds, where
appropriate, special funds, sub-vented agencies and extra-budgetary
agencies shall be deposited into and paid from the Treasury Main
Account or commercial bank accounts included in the Treasury
Single Account.
(2) All bank accounts opened for budgetary and subvented agencies, donor funds, where appropriate and special funds
shall be closed or included in the Treasury Single Account.
(3) The scope of the full Treasury Single Account referred
to in sub-regulation (1) of regulation 31 may be extended to all or
some of revenues and expenditures when provided by enactment,
including the local governments, and other general government
entities, if so specified in the Cabinet Order referred to in subregulation (4) of regulation 31.
33. (1) For the purpose of subsection (3) of section 47 of the
Act, the Minister and the Bank of Sierra Leone shall conclude a Service
Level Agreement that specifies, in respect of the core Treasury Single
Account structure,–
(a) the responsibilities of the Bank of Sierra
Leone for the operation of the Treasury
Single Account, including but not limited to -
(i) handling and transmission of receipts,
notices, and other transactional
documents;
(ii) handling of government cheques;
Extension of
Treasury
Single
Account.
Service Level
Agreement.
(iii) processing of payment instructions;
(iv) processing of transfer between subledger accounts;
(v) processing of refunds and repayments;
(vi) handling of public money held in trust;
(vii) record-keeping of sub-ledger accounts;
(viii) reporting to the Accountant-General;
(ix) cooperation with the Cash Management
Committee on cash forecasting;
(b) use of intra-day overdraft of the Treasury
Main Account;
(c) remuneration on a credit balance and charge
on a debit balance of the Treasury Main
Account;
(d) notwithstanding subsection (2) of section 52
of the Act, other fees to be paid to the Bank
of Sierra Leone for the operation of the
Treasury Single Account; and
(e) any other matters necessary for the operation
of the Treasury Single Account.
(2) The Service Level Agreement between the Minister
and the Bank of Sierra Leone shall be revised along with any extension
of the Treasury Single Account under sub-regulation (1) of regulation
32.
34. (1) The Minister's power to approve a budgetary or subvented agency or other entity in the central government to open or
close a bank account under subsection (4) of section 47 of the Act
shall be delegated to the Accountant-General.
(2) For the purpose of paragraph (d) of subsection (5) of
section 47 of the Act the Accountant-General may require banks to
close, transfer or suspend bank accounts of budgetary agencies,
sub- vented agencies or other entities in the central government that
fail to obey section 47 of the Act and this regulation.
(3) For the purpose of paragraph (d) of subsection (5) of
section 47 of the Act, the Accountant-General shall require a budgetary
or sub-vented agency or other entity in the central government to
close any account opened with a commercial bank or the Bank of
Sierra Leone, whenever necessary for the effective operation of the
Treasury Single Account.
(4) For the purpose of paragraph (d) of subsection (5) of
section 47 of the Act, and subject to subsection (2) of section 67 of
the Act, any account opened with a commercial bank for a budgetary
or sub-vented agency or other entity in the central government shall
not be overdrawn, and no advance or loan shall be obtained from the
account, without the prior approval of the Minister.
(5) For the purpose of paragraph (d) of subsection (5) of
section 47 of the Act, the Accountant-General may set a minimum or
maximum balance of any account of the Treasury Single Account
opened with a commercial bank or the Bank of Sierra Leone for a
budgetary or sub- vented agency or other entity in the central
government.
(6) For the purpose of paragraph (e) of subsection (5) of
section 47 of the Act, a service level agreement shall be approved by
the Accountant-General in advance of opening an account with a
commercial bank for a budgetary or sub-vented agency or other entity
in the central government.
(7) A service level agreement with a commercial bank may
be negotiated on a competitive basis.
(8) A service level agreement with a commercial bank shall
specify, at least, -
(a) the requirements to implement the
Accountant-General's instruction on
opening, transfer, and closure of the bank
accounts;
Opening and
closure of
bank
accounts.
(b) the requirements of handling and transmitting receipts, notices, and other transactional documents;
(c) the requirements for handling of government
cheques and processing of payment
instructions;
(d) the requirements for record-keeping and
reporting to the Accountant-General and
cooperation with the Cash Management
Committee on cash forecasting;
(e) the prohibition of overdraft, loan, and
advance without the prior-approval of the
Minister;
(f) remuneration on a credit balance and charge
on a debit balance of the bank account;
(g) notwithstanding subsection (2) of section 52
of the Act, other fees to be paid to the
commercial bank for its services; and
(h) the requirements for the operation of the
Treasury Single Account, when the bank
account is included in the Treasury Single
Account.
35. (1) For the purpose of subsection (6) of section 47 of
the Act, the Accountant-General may require a commercial bank to
submit to him a bank statement and any other information of any
account opened for a budgetary or sub-vented agency or other entity
in the central government.
(2) The bank shall comply with the request to submit a
bank statement within two working days.
(3) When a commercial bank refuses to submit a bank
statement and the required information under paragraph (1), the
Accountant-General may require the account to be closed under subregulations (2) and (3) of regulation 34.
(4) The Accountant-General shall maintain a register of
all bank accounts opened with commercial banks or the Bank of Sierra
Leone for budgetary or sub-vented agencies or other entities in the
central government.
36. (1) Vote Controllers of budgetary agencies and subvented agencies and other entities in the central government shall
submit a bank reconciliation statement of the month to the
Accountant-General of all bank accounts managed by them.
(2) Notwithstanding sub-regulation (1), the Accountant-
General may require bank reconciliation more than once a month.
(3) Bank reconciliation shall also be carried out -
(a) when a responsibility for any bank account
or cheque book is handed over from one
officer to another;
(b) on the occasion of any inspection by the
Board of Surveys; or
(c) when the Accountant-General so requires.
(4) A vote controller shall conduct bank reconciliation in
accordance with a circular of the Accountant-General.
( Cash Management)
37. (1) For the purpose of subsection (1) of section 48 of the
Act, the Cash Management Committee shall be chaired by the
Financial Secretary and composed of representatives of-
(a) the Bank of Sierra Leone, co-chairing the
Committee;
(b) the Budget Bureau, Accountant-General's
Department, the director responsible for
public debt and such other divisions of the
Ministry as may be determined by the
Minister;
Access to
bank
Accounts and
register.
Establishment
of Cash
Management
Bank
reconciliation.
(c) the National Revenue Authority; and
(d) any other institutions as may be specified by
the Minister.
(2) The Cash Management Committee may establish a
sub-committee.
(3) For the purpose of subsection (2) of section 48 of the
Act, the Cash Management Committee shall perform the following
duties:
` (a) reviewing cash forecasts;
(b) approving the consolidated cash plans;
(c) discussing financing options;
(d) coordinating the cash and debt management;
(e) monitoring the development and
(f) management of the Treasury Single Account;
(g) any other functions assigned by the Minister
or under these Regulations.
(4) when performing its duties, the Cash Management
Committee shall have access to-
(a) bank statements of any account opened for
a budgetary or sub-vented agency;
(b) all information about the Treasury Single
Account; and
(c) the cash forecasts and data on budget
execution of budgetary and sub-vented
(5) The Cash Management Committee shall report to the
Minister about -
(a) any discrepancy on the management of bank
accounts and the Treasury Single Account;
(b) the transaction and operation of the Treasury
Single Account;
(c) recommendations on the development of the
Treasury Single Account; and
(d) consolidated cash plans.
38. For the purpose of sub-regulation (2) of regulation 37, the
Cash Management Sub- Committee shall be responsible for -
(a) assisting the Cash Management Committee
to perform its functions;
(b) forecasting the government cash flow and
cash balances;
(c) advising the Cash Management Committee
on the risks associated with cash management, future borrowing programs, and
financing options;
(d) monitoring balances of bank accounts
opened for budgetary and sub-vented
agencies;
(e) overseeing the performance of the Treasury
Single Account; and
(f) performing such other functions as may be
specified by the Accountant General.
39. (1) The budgetary agencies and sub-vented agencies
shall submit an annual cash flow plan to the Cash Management
Committee within 20 days prior to the beginning of the financial year.
Functions the
Sub-
Annual Cash
Flow Plan.
(2) The annual cash flow plan shall reflect the entity's
execution of the State budget for the next financial year.
(3) The annual cash flow plan shall contain at least -
( a) the expenditure and the revenue collection
plan;
(b) cash flow analysis and its indicators; and
(c) the remarks or highlights of the factors that
may affect the annual cash flow plan.
(4) The Cash Management Committee shall consolidate
and review the annual cash flow plans within 10 days prior to the
beginning of the financial year.
(5) The Cash Management Committee shall produce -
(a) the consolidated annual cash flow plan for its
approval; and
(b) the analysis report highlighting at least the
following points -
(i) any differences between the annual
cash flow plan to the Budget document;
(ii) any negative net cash flow during the
whole year plan; and
(iii) recommendations on the annual cash
management plan upon consulting with
the director responsible for public debt.
40. (1) The Cash Management Committee shall prepare a
cash- forecasting template and guideline.
(2) The cash-forecasting template shall at least contain
the following information -
(a) payment dates;
(b) type and amount of payments;
(c) expected weekly cash inflow and outflow;
(d) weekly net balance;
(e) historical trends of cash flows patterns; and
(f) any change to the cash flow plan and
justification.
(3) The Cash Management Committee shall train the
budgetary and sub-vented agencies about -
(a) the approved cash-forecasting manual;
(b) the approved cash-forecasting template; and
(c) the mechanism to conduct cash-forecasting.
(4) For the purpose of subsection (1) of section 49 of the
Act, the budgetary and sub-vented agencies shall submit to the
Minister the following cash forecasting reports -
(a) a cash forecast for the quarter, broken down
into weekly cash inflow and outflow not later
than one month before the begining of every
quarter;
(b) a cash forecast for the month, broken down
into weekly cash inflow and outflow not later
than two weeks before the beginning of every
month.
(5) The Cash Management Committee shall -
(a) provide the Bank of Sierra Leone with a
monthly liquidity forecast, within 10 business
days at the end of each month;
Cash
forecasting.
(b) consolidate and review the cash-forecasting
reports every month;
(c) identify the daily net cash position by
highlighting any shortage or surplus within
a consolidated statement of the Treasury
Single Account;
(d) record at least the following data: actual
revenue and expenditure of budgetary and
sub-vented agencies; macroeconomic data;
historical cash flow patterns; known dates
of large revenue and expenditure payments;
forecast data submitted by
budgetary and sub-vented agencies; and
past cash forecasts.
(2) The information referred to in sub-regulation (2) shall
be made accessible to -
(a) the Bank of Sierra Leone;
(b) the Accountant-General; and
(c) the director responsible for Public Debt.
(3) The Cash Management Committee shall convene a
monthly meeting to discuss cash management plan.
(4) In order to prevent shortfall of cash, the cash
management plan shall at least include -
(a) the future borrowing programs;
(b) financing options; and
(c) any recommendation on the budget warrants
and the expenditure control process under
Part VII of these Regulations.
(4) On a rolling basis, the Cash Management Committee
shall verify the accuracy of its cash forecasts and the cash forecasting
reports with the real cash flows of the budgetary and sub-vented
(5) The Cash Management Committee shall produce a
monthly verification report to identify at least-
(a) the rate of accuracy;
(b) the causes of any inaccuracy; and
(c) the forecast performance evaluation of
the budgetary and sub-vented agencies.
(6) The Cash Management Committee may request the
Minister to reduce by 1-3% of the next financial year appropriations
of the budgetary or sub-vented agencies, which have large errors
within its cash forecasting report.
(7) The budgetary or sub-vented agencies shall promptly
report to the Cash Management Committee any significant changes
on the cash forecasting.
(8) If the changes have a great impact on the net cash
flow or the balance sheet of the Treasury Single Account, the Cash
Management Committee shall convene an urgent meeting in order to
address the problem.
41. The Bank of Sierra Leone shall make payments and transfers
from the Treasury Single Account in accordance with these regulations
and the service level agreement mentioned in regulation 33.
42. (1) The Bank of Sierra Leone shall make the daily
statements of the Treasury Single Account available to the
Accountant-General through the computerized financial management
(2) The Cash Management Committee shall annually
determine the minimum target cash balance of the Treasury Single
Account three weeks prior to the start of the financial year.
Bank of
Sierra Leone.
M a n a g em en t
of balances.
(3) The Accountant-General shall ensure that the
approved minimum target cash balance shall not be breached.
(4) If there is any breach to the minimum target cash
balance, the Accountant-General shall notify the Cash Management
(5) The Cash Management Committee shall propose the
necessary action in order to restore the balance of the Treasury Single
Account.
(6) In the event that there is insufficient cash within the
Treasury Single Account to service any payment, the Cash
Management Committee may request the Minister to -
(a) execute any existing loan commitment;
(b) take any new borrowing;
(c) perform any available financial options; or
(d) adjust the expenditure.
PART VI - REVENUE MANAGEMENT
(Collection of public monies)
43. (1) Part VI of these Regulations shall not apply to
assessment and collection of tax revenues.
(2) Part VI of these Regulations applies mutatis mutandis
to budgetary agencies, collecting revenues under or by an Act of
Parliament.
(3) Subpart III shall not be applicable to a person in respect
of default to which tax laws apply.
44. (1) All public monies, including but not limited to tax and
non- tax revenue shall be paid into the Consolidated Fund, unless
otherwise provided by an Act of Parliament.
(2) Any department of Government that may, by or under
an Act of Parliament retain monies to defray its expenses shall pay
into the Consolidated Fund within 30 days following the end of the
fiscal year, any money retained above its expenses.
(3) For the purpose of Section 28 of the Act, non-tax
revenues, include-
(a) administrative fees;
(b) licence fees;
(c) tolls;
(d) proceeds from goods and services rendered;
(e) proceeds from privatizations;
(f) rents from Government assets;
(g) fines and damages from civil actions;
(h) levies;
(i) penalties;
(j) interests;
(k) royalties;
(l) dividends and other payments;
(m) charges;
(n) stamp duties; and
(o) any other non-tax revenues as prescribed by
written law.
45. (1) The National Revenue Authority shall be responsible
for assessing and collecting national revenue, in accordance with
the National Revenue Authority Act.
Scope of
application.
Deposit of
Revenue in
the Consolidated Fund.
Responsibility
for revenue
management.
(2) The National Revenue Authority shall ensure that
adequate safeguards exist and are applied for the collection of nontax revenue, in accordance with the National Revenue Authority Act.
(3) For the purpose of paragraph (h) of subsection (2) of
section 13 of the Act, vote controllers of budgetary agencies shall be
personally responsible for ensuring that adequate safeguards exist
and are applied for the assessment of such revenues and other public
monies relating to their entities.
(4) The National Revenue Authority shall be afforded full,
free and unrestricted access to all assessment records and relevant
personnel to carry out its collection functions.
(5) For the purpose of paragraph (i) of subsection (4) of
section 15 of the Act, vote controllers of sub-vented agencies, other
entities in the central government, social security funds and public
enterprises shall be personally responsible for ensuring that adequate
safeguards exist and are applied for the assessment, collection of
and accounting for such revenues and other public monies relating
to their entities.
46. (1) Revenue collectors shall be -
(a) Collecting officers who shall be permanently
appointed officers; and
(b) any other entity duly authorized to collect
public money.
(2) A public officer shall not collect public monies unless
he is authorised to do so.
(3) Revenue collectors shall -
(a) collect revenue when it is due and pay it into
the Treasury Main Account or other
designated Treasury bank account;
(b) issue official receipts;
(c) in the case of electronic payment, shall
facilitate the collection of revenue when due
and ensure it is banked promptly;
(d) account for the revenue collected;
(e) ensure that for all amounts credited to the
designated Treasury account or to any other
official bank accounts -
(i) the source and purpose of the amount
is identified;
(ii) the appropriate accounting entries are
made in the entity's records to reflect
the amount received;
(f) keep such registers and other records which
shall enable them to supervise efficiently the
collection of revenue for which they are
responsible and provide the relevant
financial statements; and
(g) ensure safe custody, recording and proper
use of all receipts, licenses and other
documents issued for the receipt of public
money.
(4) A revenue collector shall not improperly use his
position to-
(a) gain an advantage for himself, herself or itself
or someone else; or
(b) cause a detriment to the Government of Sierra
Leone.
47. (1) Payments of non-tax revenue may be made by
electronic fund transfer.
Methods of
payment.
Revenue
Collectors.
(2) Payments of non-tax revenue may also be made by
cash or cheque when payments by electronic fund transfer are not
available.
(3) For the purpose of paragraph (a) of subsection (1) of
section 9 of the Act, the following payments are prohibited, unless
specifically authorised by the Accountant-General -
(a) payments in foreign currency, notes or coins,
foreign stamps or cheques drawn in foreign
currency;
(b) payments in kind are prohibited, unless they
are necessary for collection of delinquent
claims.
48. (1) A payer of non-tax revenue with no automatic interface
with a bank may fill a prescribed fund transfer form and submit it to
the Bank.
(2) Any receiver of public monies paid by electronic fund
transfer shall -
(a) process the payment to the Treasury Main
Account or other Treasury account
designated by the Accountant-General, at the
Bank of Sierra Leone or such other financial
institution as maybe specified by the Minister, identifying the payer's details and the
purpose of the payment;
(b) transmit to the National Revenue Authority
or the vote controller of a sub-vented agency,
a copy of the payment-slip identifying the
payer's details, the purpose of the payment
and the amount received, on a daily basis;
(c) submit promptly an electronic document or
any other appropriate form of advice to the
payer notifying the amount received.
(3) The National Revenue Authority or the vote controller
of a sub-vented agency shall, on a daily basis, issue receipts to the
payers of non-tax revenue on the basis of the information received
under paragraph (b) of sub-regulation (2).
(4) Until the date prescribed by the Minister by notice in
the Official Gazette for the introduction of electronic receipts, payers
of non-tax revenue shall collect receipts from the National Revenue
Authority or sub-vented agency offices within five working days of
lodging their payment
(5) The Bank of Sierra Leone and all relevant financial
institutions, shall inform the Accountant-General, the Commissioner-
General and vote controllers of sub-vented agencies of all non-tax
payments that have been received in the designated accounts, and
transmit the payment-slip identifying the payer's details, the purpose
of the payment and the amount received, on a daily basis.
49. (1) Every revenue collector who collects, receives, or
has a custody of, any public money shall deposit it, within twentyfour hours of receipt, into the Treasury Main Account or other
Treasury account designated by the Accountant-General.
(2) An official receipt shall be issued by revenue
collectors immediately after public money is received in the case of
manual payment.
(3) Any office where public money is collected shall have
a public notice informing all payers that an official receipt shall be
obtained by the payer for any sum of money paid to the Government.
(4) After paying collected monies into the Treasury Main
Account or other designated Treasury account, the revenue collector
shall submit to the Commissioner-General and to the vote controller
of a sub-vented agency, where appropriate, and to the Accountant
General, upon request, as and when necessary -
(a) bank payment-slip;
(b) complete receipt vouchers; and
(c) duplicate receipt.
Payment of
revenue by
electronic
fund transfer.
Payments of
revenue by
cash or
cheque.
(5) The public officer receiving the collections shall, where
appropriate verify that all receipts issued have been entered in the
receipt vouchers and that the totals in the vouchers are correct and
correspond with the amount acknowledged in the bank paymentslip.
(6) The public officer shall post details of the receipt into
the computerized financial management system or cash book.
(7) No State Revenue or other public monies shall be
held or paid into a private bank account.
(8) When State Revenue or other public monies is received
in a bank, the bank shall -
(a) process the payment into the Treasury Main
Account or other designated treasury
account identifying the payer's details and
the purpose of the payment; and
(b) provide two copies of the bank payment-slip
identifying the payer's details, the purpose
of the payment and the amount received and
(i) and one of the copies shall be issued
to the payer; and
(ii) the other copy transmitted to the
National Revenue Authority or the vote
controller of a sub-vented agency, as
appropriate.
(9) Where the payer pays at the bank, the original receipt
shall be issued by the National Revenue Authority or the vote
controller of a sub-vented agency upon presentation of the bank
payment slip and one copy of the official receipt shall be sent to the
(10) When public monies are paid into accounts other than
a Treasury account where the Bank of Sierra Leone is not operational,
those accounts shall only be for transitory purposes and all balances
shall be transferred to the Treasury Main Account or other designated
Treasury account within twenty-four hours of receipt, except when
otherwise approved by the Accountant-General.
(11) In exceptional circumstances, such as for diplomatic
missions, the transfer to the Treasury Main Account or other
designated reasury account may be made once a month.
(12) When public money is being paid into a bank by
cheque, the amount and serial number of the cheque and the name of
the bank shall be recorded and retained with the copy of the bank
payment- slip identifying the payer's details, the purpose of the
payment and the amount received.
(13) The Bank of Sierra Leone and all relevant financial
institutions, shall inform the Accountant-General and, where
appropriate, the Commissioner-General or the vote controllers of a
sub-vented agency of all non-tax payments that have been received
in the Treasury Main Account and other designated accounts, and
transmit to the Accountant-General the payment-slip identifying the
payer's details, the purpose of the payment and the amount received,
on a daily basis.
50. (1) A cheque drawn in local currency shall be accepted in
payment of public monies if the revenue collector receiving it has no
reasonable grounds for believing that the cheque will not be honoured.
(2) All cheques received shall be made payable to the
Government and shall be crossed "Account Payee Only" and any
cheque not so crossed on receipt shall immediately thereafter be
crossed.
(3) Post-dated cheques shall not be accepted in payment
of public money.
(4) Revenue collectors accepting cheques in payment of
public monies shall ensure that-
(a) the cheque is correctly dated (that it is neither
time-expired nor post-dated);
(b) the amounts in words and figures agree;
(c) the cheque is signed; and
Acceptance
of cheques.
(d) all alterations to any details of the cheque
are validated by the full signature of the
drawer, and shall not accept any cheque
which contravenes any of these conditions.
(5) When payment is made by cheque, the revenue collector
receiving it shall insert the cheque number on all copies of the book
or document and record the serial number of the book or document
on the back of the cheque.
(6) An accepted cheque shall be recognised and
acknowledged only after that cheque has been cleared or credited on
account.
51. (1) If a cheque received by a revenue collector is
dishonoured by the bank and cannot be immediately corrected and
re- presented, the revenue collector shall, if the cheque has been
received in payment of a Government Agency license or similar prepaid item or in settlement of a debt owed to Government, or any
other liability, debit the appropriate revenue item by the entry ofa
debit item in the revenue cash book and inform the Commission-er-
General or vote controller of a sub-vented agency or relevant authority
in order that appropriate action can be taken;
(2) Without limiting sub-regulation (1), all necessary
steps shall be taken immediately to obtain the revenue including
where appropriate, legal actions, in respect of the dishonoured cheque.
(3) All amounts involved with dishonoured cheques shall
be included in the Register of Losses.
(4) No dishonoured cheques shall be held as part of a
cash balance.
(5) The name of the drawer and the amount of a
dishonoured cheque shall be included in a schedule to be maintained
by the Accountant-General and when the revenue is collected from
the debtor, the entry shall be removed.
(6) Any dishonoured check shall be kept in safe custody.
52. (1) Gross amounts of payments shall be accounted for.
(2) Any charges against revenues shall require
appropriate authority as expenditure.
53. (1) The Commissioner-General and vote controllers of
sub-vented agencies shall report to the Minister -
(a) any case in which they consider, after due
inquiry, that the payment of national revenue
is falling unduly into arrears; and
(b) any difficulty in assessing and collecting
monies.
54. No public officer whose duty involves the assessment of
non- tax revenues, or the issuance of an order of payment, shall be
authorized to collect public monies to post collections into a cash
book or into the computerized financial management system.
55. (1) No use of any public money shall be made by any
public officer in any manner between the time of its receipt and
payment into the bank, Treasury or other public office designated
by the Accountant-General and no public money shall be lent or
borrowed in any manner or for any purpose by any person.
(2) No money received shall be used by a public officer
or any other person to cash any cheque other than a Government
cheque.
(3) No public officer shall convert public monies received
in local currency into foreign currency.
(Assessment of non-tax revenues, Payment and Receipts)
56. (1) Any person carrying out activities subject to the
payment of non-tax revenues identified in sub regulation (3) of
regulation 44 shall provide to the vote controllers of government
agencies, in the best possible delay, accurate and sufficiently detailed
information, necessary for the assessment of payable amounts.
No charge to
be offset
against
revenues.
Dishonourd
Cheques.
Difficulty in
Assessment
and Collections of
monies be
reported.
Separation of
duties between assessment and
collection of
Revenue.
Public
money not
to be used.
Assessment
of non-tax
revenues.
(2) The vote controller concerned shall determine the
assessment value based in the legislation providing for non-tax
revenues and their decision is final.
(3) When the vote controller concerned is not satisfied
with the information submitted or in case there is a disagreement on
the value of the assessment the vote controller may issue a
provisional assessment.
(4) All vote controllers involved in the assessment of
non-tax revenue, shall send to the Commissioner-General all relevant
non-tax revenue assessment information.
(5) A person shall comply with the obligation to submit
information within five working days.
57. (1) Orders of Payment shall be issued through a
computerized financial management system approved by the
(2) As a provisional arrangement, until a computerized
financial management system is fully operational, orders of payment
maybe issued in a written form and authenticated.
(3) An Order of Payment shall be issued to the person
carrying out activities subject to the payment of non-tax revenue and
a copy of the Order of Payment shall be given, within twenty-four
hours of its issuance, where applicable, to the National Revenue
Authority.
58. (1) Where an assessment is made under regulation 56,
the vote controller concerned shall serve, within three days of the
assessment, the liable person with a written notice of the Order of
Payment, containing -
(a) a serial number;
(b) the name and Taxpayer's Identification
Number of the liable person;
(c) the issuance date;
(d) the vote controller's assessment of the nontax obligations;
(e) the manner in which the assessment is
calculated;
(f) the reasons why the vote controller has
made the assessment;
(g) the amount due to be paid;
(h) the date by which the amounts shall be paid;
(i) where payment may be made;
(j) a transactional arrangement, including
accepted means of payment;
(k) the time, place and manner of objecting to
the assessment;
(l) the signature of an authorized officer.
(2) Any recipient of an Order of Payment shall
countersign it to acknowledge its receipt.
(3) Unless provided otherwise in other legislation -
(a) a liable person shall comply with an Order of
Payment within three working days;
(b) when the assessment issued by the vote
controller is provisional the liable person
shall pay the greater of the following
amounts-
(i) the undisputed assessment value;
(ii) fifty percent of the assessment value.
within three working days.
Issuance of
Order of
Payment.
Written
notice of an
Order of
Payment.
(4) Any receipt book shall be approved by the
Accountant-General and where appropriate by the Commissioner-
General or vote controller of sub-vented agencies.
(5) All receipts shall contain-
(a) a serial number;
(b) the number of the Order of Payment and one
of the following numbers, where applicable-
(i) the number of the cheque if payment
was made by cheque;
(ii) the number of the bank payment-slip if
payment was made into a bank account;
(iii) the number of the electronic document
if payment was made by electronic
means;
(c) the name and Taxpayer' Identification Number
of the payer;
(d) issuance date;
(e) sufficiently detailed information on the
revenue base;
(f) payment date;
(g) amount paid;
(h) signature of an authorized officer.
(6) No alterations shall be made to any receipt.
(7) Revenue collectors shall ensure that receipt copies
are clear and legible in every aspect.
59. (1) The Commissioner-General or a vote controller of a
sub-vented agency may authorize, in writing, instalment payments,
with the following limitations -
(a) prior submission of a local bank guarantee
in favour of the National Revenue Authority
or Government agency;
(b) the total payable amount shall be paid no
later than the time of extinction of the liabilitycreating event;
(c) no more than four instalment payments shall
be granted annually.
(2) When the total assessed amount has not been paid
by the time of extinction of the liability creating event, the bank
guarantee may be monetized by the Commissioner-General or the
vote controller concerned.
(3) Where an extension is granted by permitting the liable
person to pay by instalments and the liable person defaults in paying
any of the instalments, the whole balance of the payable amount
outstanding becomes payable immediately.
60. Any exemption waiver and reductions of non-tax revenue
not signed by the Minister and ratified by the Parliament shall be
considered null and void.
61. (1) Any receipts may be produced by a computerized
system approved by the Minister.
(2) Official receipts shall be issued in a form prescribed
by the Commissioner-General or vote controller of sub-vented
agencies and authorized by the Accountant-General.
(3) Temporary receipts or receipts other than in the
prescribed form shall not be used for collections.
Instalment
Payments.
Exemptions,
waivers and
reductions.
Receipts and
receipt
books.
(8) All issues of receipt books shall be acknowledged in
writing by the officer to whom the issue is made.
(9) All receipt books shall be kept by the issuer in
accordance with the requirements of the Accountant-General and,
where appropriate, the Commissioner-General or vote controller of
sub-vented agencies.
(10) When receipts are issued from counterfoil books, the
officer signing the receipts shall initial the counterfoil and shall ensure
it contains all the necessary detail and that it accords with the original.
(11) No original, counterfoil, or copy of a receipt shall
be destroyed or receipt data entry deleted.
(12) The National Revenue Authority and all vote
controllers shall be responsible for safe custody of receipt books.
(13) Before being entered in a register, all receipt books
shall be checked to ensure that they are correct and consecutively
numbered.
(14) The officer in charge of the register shall ensure that
details of receipt books are fully and correctly entered as soon as
they are received.
62. (1) All public officers responsible for revenue collection
shall keep such registers and other records manual or electronic as
prescribed by the Accountant-General.
(2) All monies collected shall be recorded by an officer
responsible for recording.
(3) Records shall show the liability, the number of the
order of payment, persons from whom revenue is due, the amount
payable, the date, location, receipt number, number of bank paymentslips, cheques or electronic documents and amount of collections
made.
(4) Any outstanding revenue arrears, refund, exemption
and discount shall be properly recorded in the computerized system.
(5) Where a revenue collector is using a computerised
system of receipting or an electronic cash book, the system shall
keep an audit trail of all receipts, time, amount, transaction and the
user id of who issued them.
(6) Public officers responsible for recording shall ensure
correct application of the chart of accounts or classification codes
when receipts are recorded.
(7) Public officers who post revenue assessment
registers, rent tolls, ledgers and similar documents shall inform the
Commissioner-General or the vote controller whenever the amount
collected differs from the amount due and such differences shall be
immediately investigated.
(8) Entries in receipts, cash books, licences, rent tolls,
ledgers, assessment registers, accounting records or documents shall
not be obliterated, erased or altered by being written over.
(9) Incorrect figures shall be corrected by passing the
necessary journal entries.
(10) Records shall be reconciled with cash collections
regularly.
(11) The Commissioner-General and vote controllers
concerned shall keep sufficiently detailed records of public monies
received and make them accessible to the Accountant-General and
the Minister.
63. (1) The date of the record of the transaction in the
accounts shall be the date of receipt.
(2) Revenue collected shall not be placed on deposit or
held in a suspense account with the object of transferring it to revenue
in the following year.
Date of
record of
transaction.
Revenue
collection
records.
(Enforcement, Penalties and Interests)
64. Unless provided otherwise in other legislations, when a
liability-creating event occurs, any non-tax revenue that is due and
payable shall be a debt owed to the Government of Sierra Leone.
65. (1) The Commissioner-General and the vote controller of
a sub-vented agency shall enforce any delinquent debt of non-tax
revenue to the Government of Sierra Leone, where applicable-
(a) in accordance with the National Revenue
Authority Act;
(b) any other acts providing for non-tax
revenues; and
(c) making use of the same process as that for
tax revenue, as enacted in Revenue Laws.
(2) A debt becomes delinquent when payment is not made
within the due date specified in the Order of Payment or agreement
for instalment payment.
66. (1) A person who fails to pay non-tax revenue by the due
date shall be liable for a penalty.
(2) The penalty shall be the higher of -
(a) 2.5 per cent of the amount of the non-tax
payable that is unpaid at the due date; or
(b) in the case of an individual, 5 currency points
or, in the case of an entity, 10 currency points.
(3) The penalty shall be imposed on the due date for
payment and separately each month that the non-tax or a part of the
non-tax remains unpaid.
67. (1) Non-tax debts shall be subject to payment of interests.
(2) Interests shall-
(a) be calculated on a simple interest basis;
(b) accrue from the date of delinquency; and;
continue to accrue on the unpaid amounts
until the debt is fully paid or otherwise
resolved.
68. The Commissioner-General or the vote controller of a subvented agency and subject to the approval of the Minister may waive
collection of interest and penalties, if he determines that the
Government is unable to collect the amount in full within a reasonable
time by enforced collection proceedings.
69. (1) The Commissioner-General or the vote controller of a
sub-vented agency, may assess penalties owed to the Government
of Sierra Leone in accordance with this regulation, the National
Revenue Authority Act and the revenue laws applicable.
(2) Where an assessment is made under this regulation,
the Commissioner-General or the vote controller of a sub-vented
agency shall serve the person liable with a written notice of
assessment, which may be incorporated with another notice of
assessment under a revenue law, stating -
(a) the name of the person and the person's
Taxpayer Identification Number;
(b) the assessment value of the interest and
penalties;
(c) the manner in which the assessment is
calculated;
(d) the reason why the assessment was made;
(e) the date by which the interest or penalties
shall be paid; and
(f) the procedure by which a person liable may
object the assessment.
Responsibility
for enforcement of
delinquent
debts.
Payment due.
Penalty on
debts.
Interests on
debts.
Waiver.
Assessment
of interests
and penalties.
(3) An assessment made under this regulation shall be
considered an original assessment.
(4) The imposition of interest and penalties under this
Part shall be in addition to any other duty imposed by a revenue law
and shall not relieve any person from liability to criminal proceedings.
(5) Where a particular failure incurs interest or a penalty
both under this regulation and another revenue law, the Commissioner-
General or the vote controller of a sub-vented shall assess the person
under one law only, at the Commissioner-General or vote controller's
choice.
( Reconciliation, Refund, Reporting and Secure Custody of
Public Monies)
70. (1) The Commissioner-General and the vote controller of
a sub-vented agency shall, on a daily basis, reconcile receipts, bank
payment-slips, collections recorded and monies deposited into bank
accounts and submit the reconciliation to the Accountant-General.
(2) The Accountant-General shall, on a regular basis,
reconcile the revenue accounts by matching the bank payment-slips
with the receipt voucher and matching the revenue to the daily
collections listing and subsequently the bank statement.
71. (1) Refunds of non-tax revenue may become necessary
because of collections or over-collections made in error or because,
although properly collected in accordance with an Act or regulation,
provision exists under the Act or regulation for the revenue to be
reclaimed under certain circumstances in the form of a rebate or
drawback.
(2) Where the collection, over-collection, rebate or
drawback is made in the same financial year as that in which the
revenue was originally collected, it shall be authorised by the
Accountant-General to be charged as a debit item in the appropriate
revenue head.
(3) A rebate or drawback made in the financial year
subsequent to that in which the revenue was collected shall be made
with prior approval of the Accountant-General who shall debit it to
an expenditure item called "Refunds of Revenue of Previous Year".
(4) A rebate or drawback made in accordance with an
enactment or instruction shall be authorised by the officers prescribed
in the enactment or instruction and charged against the appropriate
revenue or expenditure programme.
72. (1) When an overpayment charged to an expenditure
item is charged in the same financial year as that in which the
expenditure occurred, it shall be treated as an expenditure credit to
the same expenditure item but when recovery is made in a
subsequent year, the recovery shall be treated as a revenue and
credited to the revenue sub-head called "recovery of overpayment".
(2) Recovery of an overpayment made from an advance
or suspense account shall be credited to that account irrespective
of the financial year in which the original payment is made.
(3) Where departmental revenue is refunded or
overpayment is recovered, the original receipts or vouchers on which
the over-collection or overpayment occurred shall be fully crossreferenced and copies attached to the vouchers or receipts by which
the adjustments are made or otherwise.
73. (1) Within sixty days after the close of the financial year,
the Commissioner-General and each vote controller concerned shall
submit to the Accountant-General in a form approved by the
Accountant-General with a copy to the Auditor-General, a return of
all arrears of the revenue for which they are responsible.
(2) The return shall state for each revenue head and
item the arrears outstanding at the end of that financial year.
(3) The Accountant-General shall, on receiving the
individual returns consolidate them into a statement showing all the
revenue outstanding under each revenue item as at the end of that
(4) The statements shall form part of the Government's
annual statements of accounts.
Reconciliation
Recovery of
overpayment
of expenditure.
Arrears of
revenue
returns.
Refund of
revenue.
56 55
74. (1) It shall be the responsibility of the Commissioner-
General or the vote controller of a sub-vented agency to ensure that
adequate arrangements are made for the safe custody and
preservation of public monies, official receipts and records.
(2) The Accountant-General shall issue instructions
regarding the security and custody of public monies, official receipts
and records.
75. The National Revenue Authority and all sub-vented
agencies shall provide the Minister and the Accountant-General
with-
(a) an annual report, including a financial
statement, accounting for revenue collected
disaggregated by revenue type;
(b) a monthly report, no later than the 15th
working day of each month, on -
(i) the actual collection for the preceding
month and an updated monthly revenue
projection for the remainder of the year;
(ii) revenue arrears;
(c) monthly reconciliation information on
revenue collected;
(d) any instance of a dishonoured cheque
relating to the Consolidated Fund or other
funds under his control.
PART VII - EXPENDITURE CONTROL
76. (1) A commitment for recurrent and capital expenditure
of budget heads and sub-heads from the State budget shall be subject
to a commitment ceiling set out by a budget warrant issued according
to cash availability and the requirements of the requisition and
approval through the computerized financial management system
under this Part.
(2) A commitment for the expenditure to be paid from an
imprest fund shall not be subject to the requirements under this Part.
(3) The Accountant-General shall, on the advice of the
Financial Secretary, specify by circular the chart of accounts codes
of the expenditures subject to the commitment control under this
Part.
77. (1) For the purpose of subsection (3) of section 56 of the
Act, within one week after the approval of the State budget and at
least 10 business days after the beginning of every January, April,
July, and October, the Minister shall, on the advice of the Financial
Secretary, issue to the vote controller of every budgetary and subvented agency a budget warrant which specifies a ceiling on
commitments to be made during the quarter for the expenditures
subject to the commitment control.
(2) A budget warrant shall be based on consolidated cash
forecasts produced by the Cash Management Committee under subregulation (5) of regulation 39.
(3) Commitment ceilings under a budget warrant shall be
set at a level of heads of expenditures.
(4) The Accountant-General shall process the
commitment ceilings in the computerized financial management system
when the Minister issues a budget warrant.
(5) The Minister may issue a budget warrant which
specifies a commitment ceiling for a period longer or shorter than a
quarter.
78. (1) This regulation only applies for a transitory period up
to the implementation of the new Integrated Financial Management
Information System, hereinafter called IFMIS.
(2) For the purpose of sub section (2) of section 56 of
the Act, a budget officer of each budgetary and sub-vented agency
shall, with the approval of the vote controller of the agency, submit to
the Minister for approval of a MTEF/PETS form 1 or an IFMIS
generated commitment control form which specifies the agency's
request for
Allocation of
ceilings
through
PETS form 1.
Secure
custody.
Reporting
revenue
Information.
subject to
control.
warrant.
allocation of the amount given by the recurrent or capital budget
warrant to each item of expenditure, not exceeding the total allocation
for the fiscal year.
(3) Before submitting a MTEF/PETS form 1, or an IFMIS
generated commitment control form, under sub-regulation (2), a
budget officer of a budgetary and sub-vented agency shall hold
meetings of the agency's Budget Committee in order to reach
agreement on the MTEF/PETS form 1, or an IFMIS generated
commitment control form.
(4) A MTEF/PETS form 1, or an IFMIS generated
commitment control form, submitted by a Budget Officer shall
consolidate requests for allocations of commitment ceilings to all
subordinated units of the agency.
(5) An allocation of commitment ceilings to each item of
expenditure requested under a MTEF/PETS form 1,or an IFMIS
generated commitment control form, shall be within an available
balance of a budget provision for the item of expenditure and
consistent with an updated procurement plan notified to the Minister
under subsection (6) of section 29 of the Public Procurement Act,
2016.
(6) A MTEF/PETS form 1, or an IFMIS generated
commitment control form, shall be numbered sequentially within the
same financial year.
(7) The Financial Secretary shall approve a MTEF/PETS
form 1 through the computerized financial management system as
soon as practicable after its submission.
(8) The Financial Secretary shall by circular specify a
form of a MTEF/PETS form 1 and a procedure for the submission.
79. (1) Notwithstanding sub-regulation (1) of regulation 77,
by the last business day before the beginning of a financial year, the
Minister may issue a budget warrant which specifies commitment
ceilings for each quarter during the financial year.
(2) Other regulations under this Part shall apply mutatis
mutandis to commitment ceilings issued under sub-regulation (1).
80. A balance of a commitment ceiling that remains unused at
the end of a quarter shall be carried over to the subsequent quarters
but shall lapse at the end of the financial year.
81. (1) When a budget appropriation was created or changed
because of the following reason, the Financial Secretary shall make
necessary changes in a commitment ceiling for the budget
appropriation and communicate the changes to the Accountant-
General -
(a) the approval of a supplementary estimate
under section 42 of the Act;
(b) the withdrawal of the Contingencies Fund
under section 37 of the Act;
(c) the issuance of a special warrant of the
President or a warrant of the Minister for an
unallocated head under section 38 or 39 of
the Act; and
(d) the approval for virement under subsection
(2) of section 43 of the Act and regulation 27.
(2) The Budget Bureau and any other unit within the
Ministry mandated by the Financial Secretary shall process in the
computerized financial management system changes in a commitment
ceiling made under sub-regulation(1).
(3) When the head of a budgetary and sub-vented agency
makes reallocation of an appropriation that does not require the
Minister's approval under sub section (3) of section 43 of the Act, an
existing commitment ceiling for the appropriation shall be reallocated
proportionately by -
(a) the Budget Officer of the agency; or
warrant
covering
entire
financial
year.
Unused
balance of
ceiling
Changes in
ceilings.
(c) approval by a procurement committee of price
variations, in case of increases in prices or
occurrence of additional payments under on
going projects or existing procure-ment
contracts;
(d) placing an order or awarding a contract, in
case of other procurement; and
(e) competent authorities' decisions that result
in expenditure, in case of grants, subsidies,
or transfers.
(2) An officer of a budgetary or sub-vented agency shall
not commence with the procurement or the decisions on grants,
subsidies, or transfers, until a commitment requisition is approved
under regulation 84.
(3) When a budgetary or sub-vented agency has no
access to the computerized financial management system, a
commitment requisition shall be submitted to the Accountant-General
for its approval.
(4) A commitment requisition that requests a commitment
covered by a sub-ceiling shall be submitted to the program manager
responsible for the sub-ceiling.
(5) The Accountant-General shall by circular specify a
form of a commitment requisition, supporting documents to be
submitted together with a commitment requisition, and a procedure
for the submission.
84. (1) The Chief Accountant of a budgetary or sub-vented
agency may approve a commitment requisition only when the
requested commitment is within an available balance of a commitment
ceiling as determined by the allotment in the IFMIS.
(2) In case of a commitment that requires multiple
payments, the Chief Accountant of a budgetary or sub-vented agency
may approve a requisition of the commitment only when -
approval.
(b) the Accountant-General when the agency
has no access to the computerized financia
(4) The Financial Secretary may change or revoke an
existing commitment ceiling only when the budget appropriation was
changed or suspended or consolidated cash forecasts were
significantly changed.
82. (1) A Budget Officer of a budgetary or sub-vented agency
may, with the approval of the vote controller, distribute commitment
ceilings approved under a MTEF/PETS form 1 to the agency's
subordinated units.
(2) All distributions of commitments set under subregulation (1) shall be recorded in the computerized financial
(3) When a distribution of commitments is set under subregulation (1), the vote-controller of the budgetary or sub-vented
agency shall designate a program manager to whom the
responsibilities of the Budget and Chief Accountant shall be delegated
in respect of the object of expenditure.
(4) The Accountant-General shall, on the request of the
vote controller, set and record in the computerized financial
management system the distribution of commitments for an agency
that has no access to the computerized financial management system.
83. (1) For a requisition of a commitment subject to the
commitment control, an officer of a budgetary or sub-vented agency
shall prepare and submit to the Chief Accountant a commitment
requisition before -
(a) placing an order or awarding a call- off, in
case of procurement under the framework
agreements;
(b) awarding a contract, in case of procurement
of new projects;
Distribution of
heads and subheads.
requisition.
(2) The Expenditure and Contract Management
Committee shall comprise representatives from each of the following
agencies and departments -
(a) The National Public Procurement Authority;
(b) Law Officers’ Department;
(c) The Accountant General;
(d) The Director responsible for Public Debt; or
(e) any other functional department or unit
within the Ministry as prescribed by the
Minister
(3) The Expenditure and Contract Management Committee
shall, in relation to a public contract subject to national and
international tender, ensure -
(a) availability of budget;
(b) adherence to the procurement plan;
(c) enforcement of compliance conditions,
including legal and administrative;
(d) the requirements of the National P u b l i c
Procurement Authority, Law Officers Department and other relevant agencies and
departments have been adhered to; and
(e) risk analysis is undertaken.
(4) The Expenditure and Contract Management
Committee shall establish the Secretariat of the Expenditure and
Contract Management Committee responsible for -
(a) checking for required documents;
Control
Number.
and Contract
Management
(a) the entire amount of the payments to be made
during the current fiscal year is within an
available balance of the commitment ceiling;
(b) the Minister has approved the commitment
if it is a multiannual commitment.
(3) On the approval of a commitment requisition, the Chief
Accountant shall record the approved commitment in the
computerized financial management system and provide the
requesting officer with the following document generated by the
computerized financial management system -
(a) a Local Purchase Order; or
(b) a Commitment Control Form in case of a
commitment -
(i) for subsidies, grants, and transfers; or
(ii) that does not use a purchase
order.
(4) In case of a commitment requisition from a budgetary
or sub-vented agency that has no access to the computerized financial
management system, the Accountant-General shall approve the
commitment requisition in accordance with this regulation.
(5) In case of a commitment requisition covered by a subhead, the Chief Accountant responsible for the distribution of
commitments shall approve the commitment requisition in accordance
with this regulation.
85. A unique commitment control number shall be given by
the computerized financial management system to each Local
Purchase Order and Commitment Control Form.
86. (1) There shall be established an Expenditure and
Contract Management Committee in accordance with these
Regulations.
(b) calling for meetings with budgetary subvented agencies, if necessary;
(c) reviewing relevant documents and produce
a report on the findings, with recommendations.
(5) When the Expenditure and Contract Management
Committee receives the report on the findings and recommendations
it shall-
(a) submit the report for the approval of the
Minister; or
(b) send it back to the Secretariat for
corrections and representation, if
unsatisfied with the contents of the
report.
(6) After the approval sought under paragraph (a) of subregulation 5 the certificate of contract approval shall be issued by the
Minister.
87. (1) Any framework agreement that is made under the
Public Procurement Act, and requires expenditure from the State
budget shall be deemed to include the following provision -
(a) an order or call-off made under the framework
agreement shall be valid only when it is made
by a Local Purchase Order or Commitment
Control Form with a unique commitment
control number;
(b) the contractor shall not be entitled to
compensation for any performance provided
in response to an order or call-off that was
not made by a Local Purchase Order or
Commitment Control Form with a unique
commitment control number.
(2) Any contract, other than a framework agreement, that
was made under the Public Procurement Act, and requires expenditure
from the State budget shall be deemed to include the following
provision -
(a) the contract shall be suspended automatically, if the contractor receives no
Commitment Control Form with a unique
commitment control number when they enter
into the contract; or a local purchase
order; and
(b) the contractor shall not be entitled to
compensation for any performance provided
during the suspension of the contract until
the contractor receives a Commitment
Control Form or a local purchase order with
a unique commitment control number.
88. (1) For the purpose of section 60 of the Act, when a
commitment requisition requests a multi-annual commitment, the vote
controller of a budgetary or sub-vented agency shall submit the
requisition to the Financial Secretary for the approval of the Minister.
(2) The Minister shall approve or reject a requisition of a
multi-annual commitment within one week after the requisition was
submitted by the vote controller or head of the budgetary agency.
(3) The vote controller or head of the budgetary agency
shall not approve a requisition of a mult-iannual commitment, until
the approval of the Minister is sought.
(4) When the Minister rejects a requisition of a multiannual commitment, he shall return the requisition to the vote controller
or head of the budgetary agency, who shall in turn return it to the
requesting officer.
(5) When the Minister approves a requisition of a multiannual commitment, the Financial Secretary shall notify the vote
controller or head of the budgetary agency, who shall approve the
requisition in respect of a portion of the multi-annual commitment
that will be paid during the current financial year in accordance with
regulation 84.
Provision in a
Procurement
contract.
Multiannual
commitment.
(6) When the Minister and the vote controller or head of
the budgetary agency approve a requisition of a multi-annual
commitment, the vote controller or head of the budgetary agency
shall record all commitments that will arise in the current and future
years in the computerized financial management system.
(7) The Financial Secretary shall maintain a database of
an approved multi-annual commitment, into which all commitments
that will arise in the current and future years are recorded.
(8) In case of a requisition of a multi-annual commitment
from a budgetary or sub-vented agency that has no access to the
computerized financial management system, the Accountant-General
shall record all commitments that will arise in the current and future
years into the computerized financial system.
(9) In case of a requisition of a multi-annual commitment
covered by commitment's head or sub-head, the person responsible
for the head or sub-head shall submit the requisition to the vote
controller or head of the budgetary agency who shall deal with the
requisition in accordance with this regulation.
89. (1) When an amount of an approved commitment is
increased, the increase shall be treated as a new commitment.
(2) An increase in amount of an approved commitment
shall be null and void and of no effect, unless it is approved and
recorded in accordance with regulation 84 as a new commitment.
90. (1) When an approved commitment is no longer needed
because of cancellation of procurement, contract, or grants, subsidies,
or approved transfers, an officer who submitted the requisition shall
submit to the Chief Accountant a copy of the decision document on
the cancellation.
(2) When there is reduction in price of an approved
commitment, an officer who submitted the requisition shall submit to
the Chief Accountant a document proving the reduction in price.
(3) After verifying the cancellation under sub-regulation
(1) or reduction in price notified under sub-regulation (2), the Chief
Accountant shall cancel or modify records of the commitment in the
computerized financial management system.
(4) In case of a budgetary or sub-vented agency that
has no access to the computerized financial management system, the
cancellation or reduction in price of an approved commitment shall
be notified to the Accountant-General in accordance with this
regulation.
(5) In case of cancellation or reduction in price of an
approved commitment covered by an object of expenditure, the
cancellation or reduction in price shall be notified to the program
manager responsible for the object of expenditure in accordance with
this regulation.
91. (1) The Accountant-General shall annually issue a circular
to announce a cut-off date of submission of a commitment requisition.
(2) After the cut-off date and before the beginning of the
next financial year, the vote controller and the program manager, or
the Accountant-General, as the case maybe, shall not approve any
new commitment.
92. (1) Any commitment that is approved under this Part and
remains outstanding at the end of a financial year shall be -
(a) discharged by payments under -
(i) an appropriation of the next year's
budget; or
(ii) an appropriation carried over under
regulation 29; or
(b) in case of a decision on provision of grants,
subsidies, or transfers, cancelled by the
Accountant-General at the beginning of a
financial year through the computerized
financial management system.
Increase in
amount of an
Approved
Commitment.
Cancellation
or reduction
in approved
committment.
Cut-off date
of a commitment.
Outstanding
at the end of
(2) When a commitment for a grant, subsidy, or transfer is
cancelled under sub-regulation (1), an officer of a budgetary or subvented agency shall re-submit a commitment requisition and obtain
again the necessary approval based on commitment ceilings of the
upcoming financial year.
93. For the purpose of subsection (1) of section 55 of the Act,
as soon as practicable after the approval of the State budget, the
Minister shall issue to the Accountant-General a general warrant
which covers -
(a) the entire amount of appropriations under the
State budget for -
(i) salaries, wages, and other compensation of employees;
(ii) grants, subsidies, and transfers,
including social benefits, that are legally
obligated;
(iii) debt services; and
(iv) any other expenditure and payment that
that is not covered by a budget warrant;
(b) the entire amount of expenditure and payment
to be charged on the Consolidated Fund.
94. A commitment for compensation of employees of
budgetary or sub-vented agencies for each payroll period shall be
recorded by the Accountant-General in the computerized financial
management system when running the payroll in the computerized
payroll system.
95. The Accountant-General shall develop in the computerized
financial management system a commitment register, into which a
committed and available balance of each budget provision and a
commitment ceiling and the following information on each commitment
to the extent applicable is recorded -
(a) a name of supplier or recipient;
(b) a chart of account object code;
(c) a date of commitment approval;
(d) a commitment control number;
(e) a date and amount of an invoice and payment
made under the commitment; and an amount outstanding on the commitment;
(g) an amount payable on the commitment,
unpaid for-
(i) less than 30 days after the due date;
(ii) more than 30 days but less than 90 days
after the due date;
(iii) more than 90 days after the due date;
(h) an amount of a multiannual commitment to
be paid in each future financial year.
96. (1) The Accountant-General shall close accounts of
outstanding commitments and payables in the commitment register
at the end of every month and carry forward their balances to the
next month.
(2) After the end of each month, the Accountant-General
shall prepare and submit to the Cash Management Committee a
monthly commitment report which shall include, in respect of each
provision of the State budget–
(a) the original and revised budget provision and
the available balances at the end of the
month;
General
Warrant.
Recording of
commitments
for compensation of
employees.
register.
Monthly
reporting of
commitments.
(b) the approved commitment ceiling and the
available balances at the end of the month;
(c) the opening and closing balances of the
outstanding commitments at the beginning
and end of the month and the amount of
commitments made during the month;
(d) the opening and closing balances of the
payments at the beginning and end of the
month and the amount of payments made
during the month;
(e) the closing balances of the unpaid
commitment at the end of the month, broken
down to those unpaid for -
(i) less than 30 days after the due date;
(ii) more than 30 days but less than 90 days
after the due date; and
(iii) more than 90 days after the due date;
(f) the closing balances of the multi-annual
commitments at the end of the month, broken
down to the amount to be paid in each future
97. (1) The Accountant-General shall request from any entity
in the general government, information on commitments to be paid
from the general State budget, donor funds, own revenue, and any
other funding source.
(2) The Accountant-General shall by circular specify a
list of entities subject to the commitment reporting framework under
sub-regulation (1) and the frequency, forms, and procedures for the
reporting.
PART VIII– PAYMENT PROCESS
98. (1) When certifying completion of works or supply of
goods or services under section 63 of the Act, the vote-controller or
his authorized officer shall prepare an inspection report that includes
the date, quantity and particulars of the works and supply, method,
and results of the inspection, and any evidences supporting the
results, and record this information in the financial management
(2) If the vote-controller or his authorized officer
identifies that works, goods, or services rendered or their prices are
inconsistent with the contracts or specifications, he shall specify
necessary remedial actions in an inspection report.
(3) When inspection of works, goods, or services under
sub-regulation (1) requires specific expertise, the vote-controller may
appoint an independent person or firm as an inspector.
99. (1) When certifying completion of works under section
63 of the Act, the vote-controller or his authorized officer shall inspect
the physical output of the works in the field.
(2) Inspection of completion of works shall be carried
out -
(a) when works are fully completed; and
(b) before a progress payment required under a
contract is made, in order to certify progress
in works required for the progress payment.
(3) The vote-controller or his authorized officer shall not
certify completion of works, unless -
(a) the contractor has complied with all
provisions in the contracts;
(b) the measure of the physical output is
consistent with the design and
specifications; and
reporting
from general
government
entities.
Certification
of Completion of Works
or Supply of
of Goods and
Services.
Inspection of
completion
of works.
(c) the quality and performance of the physical
output is consistent with the design and
specifications.
(4) An officer authorized by the vote controller to carry
out inspection under sub-regulation (1) shall have adequate expertise
in construction or engineering.
(5) When necessary for inspecting the measure, quality,
or performance of a physical output of a work, the vote-controller or
his authorized officer shall carry out destructive inspection.
(6) The Minister, on the recommendation of the Minister
responsible for public works, shall issue guidelines specifying
methodologies for certifying completion of works under this
regulation.
100. (1) No payment from the Consolidated Fund or a donor
or special fund shall be made without a payment voucher -
(a) signed by the vote controller of a budgetary
agency as to validity, accuracy and legality
of the claim as mentioned in subsection (2)
of section 64 of the Act; and
(b) verified by the Chief Accountant of a
budgetary agency as to -
(i) whether a complete set of supporting
documents, including a contract, Local
Purchase Order or Commitment Control
Form, invoice, and an inspection report,
has been submitted to the Chief
Accountant;
(ii) through the review of the journal
entries, whether the claim has been
already paid;
(iii) through the review of the Local
Purchase Order or Commitment Control
Form, whether the Local Purchase Order
or Commitment Control Form has been
generated by, and the commitment has
been authorized and recorded in the
computerized financial management
system; and
(iv) whether there is a sufficient available
balance of an appropriation.
(2) A sequential number shall be assigned to each
payment voucher through the computerized financial management
(3) A vote controller may in writing authorize by name or
position an officer in his budgetary agency to sign a payment voucher
on behalf of the vote controller within such financial limit and under
such conditions as determined by the vote controller.
(4) The Chief Accountant may in writing authorize by
name or position an accounting officer to verify a payment voucher
on behalf of the Chief Accountant, but verification of a payment
voucher under paragraph (b) of sub-regulation(1) shall not be made
by its signatory.
101. (1) The Chief Accountant of a budgetary agency shall
use the computerized financial management system to record certified
payment vouchers and batch sheets and to send them to the
Accountant- General's Department.
(2) When the computerized financial management system
is not available for a budgetary agency, a budgetary agency shall -
(a) prepare two copies of certified payment
vouchers and batch sheets;
(b) send one copy, together with supporting
documents, to the Accountant-General's
Department by such time and in such manner
as determined by the Accountant-General;
Certification
of payment
vouchers.
Submission
and record
of payment
vouchers and
supporting
documents.
(c) retain one copy for the budgetary agency'
record; and
(d) keep a logbook in which copies of batch
sheets and payment vouchers and their
supporting documents are recorded.
(3) On receipt of batch sheets and certified payment
vouchers under paragraph (b) of sub-regulation (2), the Accountant-
General's Department shall compare the batch sheets return one copy
of the batch sheets to the vote controller as an acknowledgement of
the receipt.
(4) A budgetary agency shall send supporting documents
of each payment voucher to the Accountant-General's Department in
a paper based form in such manner and by such date as determined
(5) Notwithstanding sub-regulation (4), the Accountant-
General may by instructions require a budgetary agency to send
supporting documents through the computerized financial
102. (1) Notwithstanding regulation 101, this regulation shall
apply to-
(a) payment by self-accounting budgetary
agencies approved to do so; and
(b) payments by a budgetary agency from donor
funds.
(2) In order to make payments listed in sub-regulation
(1), the Chief Accountant of the budgetary agency shall -
(a) record a certified payment voucher and
supporting documents into the computerized
financial management system; and
(b) send a copy of a certified payment voucher,
together with supporting documents, to a
signatory of a cheque or an officer authorized
to send a payment instruction for
electronic fund transfer.
103. (1) For the purpose of subsection (1) of section 65 of the
Act,a cheque to make a payment from the bank accounts opened for
the Treasury Single Account with the Bank of Sierra Leone and a
cheque to make a payment from accounts opened for grants and
loans from donors, may be drawn only by the Accountant-General.
(2) A cheque to make a payment from bank accounts
opened for budgetary agencies or their donor or special funds may
be drawn by the budgetary agency, unless otherwise instructed by
the Accountant-General.
(3) A cheque may be drawn by the Accountant-General
under sub-regulation (1) or by the budgetary agency under subregulation (2) only when the payment voucher is duly signed and
verified by the vote controller and the Chief Accountant and meets
the requirements mentioned in subsection (2) of section 65 of the
Act.
(4) A cheque drawn by the Accountant-General under
sub-regulation (1) or by the budgetary agency under sub-regulation
(2) shall be printed through the computerized financial management
system, except for payments from donor funds, special funds, imprest
funds and bank accounts of budgetary agencies that are not brought
into the computerized financial management system.
104. (1) A cheque drawn by the Accountant-General, a
budgetary agency or a sub-vented agency shall be crossed, except
when an open cheque is specifically requested by the payee and
approved by the Accountant-General or Head of Budgetary or Subvented Agency for which the cheque was drawn.
(2) If an open cheque is remitted by post, it shall be sent
to the payee under registered cover.
105. (1) A cheque drawn by the Accountant-General shall be
signed by two officers authorized by the Accountant-General.
(2) A cheque drawn by the budgetary or sub-vented
agency shall be signed by two or more officers authorized by the
vote-controller of the budgetary or sub-vented agency.
Processing of
payment
vouchers for
payment by
budgetary
agency.
Types of
cheques.
Payment by
cheques.
Signatories
of a cheque.
(3) The signatories of a cheque shall verify that the
amount and payee of the cheque is in accordance with the certified
payment voucher and supporting documents.
(4) The Accountant-General and the Chief Accountant
shall daily -
(a) examine certified payment vouchers and
copies of cheques against a report on cheque
issued to verify if the serial numbers of
cheques actually issued are all accounted
for; and
(b) make journal entries into the computerized
financial management system.
106. (1) For the purpose of sub-section (1) of section 65 of the
Act, an electronic fund transfer to make a payment from bank
accounts opened for the Treasury Single Account with the Bank of
Sierra Leone may be initiated only by the Accountant- General.
(2) An electronic fund transfer to make a payment from a
bank account opened for budgetary agencies and sub-vented or
their donor or special funds may be initiated by the vote-controller
of the budgetary or sub-vented agency, unless otherwise instructed
(3) When initiating an electronic fund transfer, the
Accountant General or vote-controller of a budgetary or sub-vented
agency, as the case may be, shall send a payment instruction through
the computerized financial management system.
(4) A payment instruction may be sent under subregulation (1) only when a payment voucher is duly certified by both
the vote controller and Chief Accountant and meets the requirements
referred to in sub-section (2) of section 65 of the Act.
107. (1) Notwithstanding regulation 100, when paying loan
related debt obligations or repaying principal of domestic and external
debt of the Consolidated Fund and donor fund, the Accountant-
General shall send a payment instruction to the Bank of Sierra Leone
on the instruction of the Financial Secretary.
(2) The division responsible for Public Debt and the Bank
of Sierra Leone shall each prepare and send to the Accountant-
General's Department debt service payment schedules for external
and domestic debt in such manner and by such date as determined
(3) All debt service payments shall be recorded in the
financial management system within (1) month of the payment.
PART IX– PAYROLL PAYMENT
108. (1) In a budgetary or sub-vented agency, the person
authorizing appointments, payments, and compensation of
employees, shall not be the person recording those payments.
(2) The vote controller of a budgetary or sub-vented agency
shall ensure that appointments, promotions, salary increases,
performance bonuses, and other costs of compensation of employees
are within amounts of the line items in the State budget or the subvented agency's budget.
109. At the beginning of every financial year, the Accountant-
General shall issue to all vote-controllers of budgetary or sub-vented
agencies a schedule of payroll dates.
110. (1) An employee of a budgetary or sub-vented agency
shall be paid by bank transfer.
(2) Notwithstanding sub-regulation (1), an employee of
a budgetary or sub-vented agency may be paid by cheque if the
employee has made in writing a specific request and obtained the
prior-approval of the Accountant-General.
(3) An employee of a budgetary or sub-vented agency
paid by cheque shall sign a payroll report when collecting the cheque.
(4) The vote controller shall ensure that any unclaimed
employee compensation to be paid out, shall be appropriately
refunded to either the Consolidated Fund or to the sub-vented agency
account, in the subsequent month.
Payment by
electronic
fund
transfer.
Payment of
debt service
obligations
repayments.
Compensation
o f
employees.
Payroll date.
Payment by
bank transfer
or chequue.
111. (1) The Accountant-General shall ensure that the
computerized payroll system, assembling and processing all relevant
personnel information and transactions of budgetary agencies, is
fully integrated into the computerized financial management system.
(2) All personnel information and personnel transactions
of sub-vented agencies shall be assembled and processed through
the computerized payroll system integrated into the computerized
financial management system under sub-regulation (1).
(3) The Accountant-General shall ensure that the
structure of personnel transaction codes used by the computerized
payroll system integrated into the computerized financial management
system under sub-regulation (1) is made automatically consistent
with the chart of accounts.
(4) Amendment to the payroll shall be by the employing
authority of the affected employee.
(5) The Human Resource Management Office shall be
responsible for keeping up to date the organizational and
establishment structures captured in the computerized payroll system
of civil servants and contract staff integrated into the computerized
financial management system under sub-regulation (1).
112. (1) Unless authorised by the Accountant-General, no
payment for costs related to compensation of employees of a
budgetary agency shall be made, unless -
(a) the employee has been registered on the
computerized payroll system; and
(b) the costs have been processed on the
computerized payroll system.
(2) After the payroll date the head of a budgetary agency
shall certify that all employees listed on the payroll are entitled to the
payments.
(3) The vote-controller of each budgetary agency shall
ensure that all payroll approvals required under sub-regulation (2)
have been made on a monthly basis through the computerized payroll
(4) After receiving approved payroll, the Accountant-
General shall make payroll payments for all employees of budgetary
agencies by drawing cheques, payees of which are payroll processing
banks.
(5) Payroll processing banks shall acknowledge receipt
of cheques drawn under sub-regulation (4) in such manner as specified
(6) Notwithstanding sub-regulation (4), the Accountant-
General may make payroll payments by sending a payment instruction
through the computerized financial management system.
(7) The Accountant-General shall make journal entries
for compensation of employees based on the payroll.
113. (1) The payroll payments of a sub-vented agency that
has access to the computerized payroll system shall be made in the
same process as that for payroll payments of a budgetary agency
under regulation 112.
(2) A sub-vented agency that has no access to the
computerized payroll system shall submit to the Accountant-General
a certified payroll report in such form and by such date as determined
(3) After receiving approved payroll, the Accountant-
General shall make payroll payments for all employees of sub-vented
agencies by drawing cheques.
(4) Payroll processing banks shall acknowledge receipt
of cheques drawn under sub-regulation (3) in such manner as specified
System.
payment of
budgetary
payment of
sub-vented
(5) Notwithstanding sub-regulation (3), the Accountant-
General may make payroll payments of sub-vented agencies by
sending a payment instruction through the computerized financial
(6) In case of a sub-vented agency that has access to the
computerized payroll system, the Accountant-General shall make
journal entries for compensation of employees based on the paid
payroll.
(7) In case of a sub-vented agency that has no access to
the computerized payroll system, the Chief Accountant shall return
the paid payroll report to the Accountant-General who shall make
journal entries for compensation of employees if applicable.
114. (1) The Accountant-General shall reconcile financial data
on all personnel transactions, including expenditure, deductions, net
salaries, and employer's social contribution, recorded in the
computerized financial management system with the data generated
from the computerized payroll system on a monthly basis.
(2) The reconciliation under sub-regulation (1) shall be
made at a level of totals per personnel transaction type and for each
payroll processing run.
(3) The Accountant-General shall be responsible for
clearing errors in payroll postings on the computerized payroll system
during the reconciliation under sub-regulation (1).
(4) The Accountant-General shall retain the results of the
reconciliation and all source documents used for the reconciliation
for audit purposes.
(5) After the computerized payroll system is fully
integrated into the computerized financial management system, the
reconciliation under sub-regulation (1) shall be made automatically
through the system.
115. (1) Unless otherwise prescribed in any other enactment,
payroll payment to the following employees of budgetary agencies
shall be stopped for the reasons and on the dates specified below -
(a) a deceased employee– the first day of the
month following the month when the
employee died;
(b) an employee convicted of an offence
involving theft or fraud or sentenced to
imprisonment– the date of the conviction;
(c) an employee on leave without pay– the first
day of the leave;
(d) an employee absents from duty without
leave– the first day of the absence;
(e) an employee suspended from duty– the first
day of the suspension; and
(f) a resigned or retired employee– the first day
of the month following the month when the
employee resigned or retired.
(2) When the vote-controller of a budgetary agency
identifies that the occurrence of events rederred to in sub-regulation
(1) have not been recorded in the computerized payroll system by the
date of the stoppage, the vote-controller shall immediately notify the
Accountant-General of the details of the fact.
(3) If a payroll payment has been made to a person
referred to in sub-regulation (1) after the date of the stoppage, the
employing authority shall take actions necessary for refund of the
payroll payment.
116. (1) Deductions from salaries of employees of budgetary
or sub- vented agencies shall be limited to the following–
(a) a deduction of taxes and social contributions;
(b) a benefit deduction to facilitate a payment of
amount owed to the Government arising
from employee's benefits;
Reconciliation
with the
payroll
Stoppage of
payroll
payment.
deductions.
(c) a deduction of fines, losses, and damages
determined through the disciplinary process;
(d) a deduction that is required or permitted
under the law or court order; and
(e) a deduction to which the employee agrees in
writing;
(2) A payroll approver of a budgetary or sub-vented
agency shall not make any discretionary deduction, which is a
deduction not listed in sub-regulation (1).
(3) When approving a payroll, a payroll approver of a
budgetary or sub-vented agency shall verify that amount of payroll
deductions actually due and no portion of the payroll deductions
shall be a discretionary deduction.
PART X–IMPREST
117. (1) An imprest fund shall be established for making
payments of petty expenditure that cannot be made through the
ordinary payment Process required under the Act and these
Regulations without undue inconvenience.
(2) Imprest funds shall be classified into–
(a) a standing imprest fund, which is maintained
throughout a financial year, and utilized
amount of which can be replenished; and
(b) a special imprest fund, which -
(i) shall be established for making specific
payments in respect of specific
activities or events;
(ii) shall not be replenished; and
(iii) shall be fully retired within a period
specified by the Accountant-General.
(3) Establishment of standing and special imprest funds
of a budgetary agency shall require the prior-approval of the
Accountant-General in the order.
(4) A vote controller of a budgetary agency shall submit
to the Accountant-General at least 15 working days before the
beginning of each financial year a list of required standing imprests,
which shall be supported by an analysis and costing of activities or
events on a monthly basis, from which a monthly float can be
determined.
(5) A vote controller of a budgetary agency shall submit
to the Accountant-General as the need arises a request for special
imprest using a special imprest form supported by an analysis and
costing of activities or events at least 7 working days before the
special imprest fund is required or the commencement of the activities
or events.
118. (1) The ceiling on a standing imprest for a financial year
shall be determined by the Accountant-General at the beginning of
the financial year.
(2) A ceiling on each special imprest shall not exceed
five (5) percent of the respective head or sub-head annual budget
and shall be approved by the Accountant-General.
(3) Any request for a standing or special imprest, a ceiling
of which exceeds the limit referred to in sub-regulations (1) and (2)
shall be approved by the Financial Secretary.
119. (1) The vote-controller of a budgetary agency may
delegate, in writing, his powers to an imprest-holder to each standing
and special imprest fund.
(2) An imprest-holder shall be responsible for -
(a) safeguarding public money included in the
imprest fund;
(b) ensuring that an imprest fund is used wholly
and exclusively for the purposes for which it
is established;
Establishment
of an imprest
Ceiliing on an
Imprest Fund.
Imprestholder.
(c) ensuring that the full amount of the imprest
is fully accounted for at all times in cash,
invoices, receipts and money at a bank; and
(d) entering accounting records into the imprest
account, using the Government chart of
accounts.
(3) For any change in an imprest-holder, the handingoverand taking-over imprest-holders shall–
(a) prepare a statement of accounts on the
imprest, which shall -
(i) show how the imprest is made up at the
time of handing-over; and
(ii) be signed by both the handing-over
and taking-over imprest-holders; and
(b) submit a copy of the signed statement to the
(4) An imprest-holder shall be personally responsible for
loss or shortage of the imprest fund under his control and such loss
or shortage shall be recovered from the salary or other emoluments
or any amount due to the office or recovered as civil debt due to the
Government.
(5) An imprest-holder shall not be relieved from his
personal responsibilities for loss or shortage of the imprest fund
until the retirements submitted to the Accountant-General have been
examined and found to be correct.
120. (1) An imprest fund of a budgetary agency shall be funded
and replenished by advances from the Consolidated Fund.
(2) Advances under sub-regulation (1) shall be within an
amount of a line item in the State budget.
(3) The Accountant-General shall make an advance to an
imprest fund by drawing cheque or making bank transfer, at such
frequency as he determines.
(4) Public money advanced to an imprest fund shall be
deposited by the imprest-holder into a bank account opened for the
budgetary agency, and the imprest-holder shall not keep cash in
hand.
(5) The Accountant-General may require an imprestholder to deposit an imprest into a bank account specifically opened
for the imprest fund.
121. (1) A payment from an imprest fund shall be made by
cheques or bank transfer.
(2) A cheque drawn on an imprest fund shall be signed
by the authorized signatory of the fund.
(3) Regulation 104 and sub regulation (2) of regulation
105 shall apply to a cheque drawn on an imprest fund.
(4) A payment instruction to make bank transfer from an
imprest fund shall be initiated by the imprest-holder.
(5) An imprest-holder may sign cheque drawn on, or
initiate bank transfer from, an imprest fund, only when -
(a) the imprest-holder has received a certified
imprest payment voucher and a complete
set of receipts and other supporting
documents; and
(b) the payment is within the balance of the
imprest fund and made for the purpose for
which the imprest fund is established.
(c) an imprest payment voucher shall be certified
by a requesting officer and his super-visor
as to legality, propriety, and validity of the
claim.
Advances to
Utilization of
122. When a payment is made from an imprest fund, the
Accountant-General shall record the expenditure in the computerized
financial management system and regularize the corresponding
amount of advances made to the imprest fund.
123. (1) The Accountant-General shall monitor utilization and
determine replenishment of an imprest fund through the computerized
financial management system.
(2) The budgetary agency shall report utilization and
request replenishment of an imprest fund on a monthly basis or in
such manner and at such frequency as determined by the
124. (1) All standing and special imprest funds shall be fully
retired at the end of a financial year, and any remaining balance shall
be refunded to the Consolidated Fund by January 31 of the following
(2) When failing to retire and refund an imprest fund under
sub-regulation (1), the amount failed to be retired and refunded shall
be deducted from salaries of the imprest-holder.
(3) Sub-regulation (2) shall not relieve the imprest-holder
from liability to criminal proceedings in case of misappropriation.
(4) When any regulations under this Part is breached,
the Accountant-General may freeze or close a bank account opened
for the imprest fund and require it to be fully retired.
(5) No further special imprest shall be funded or issued
to an imprest-holder if the imprest-holder is still in possession of an
unretired imprest previously issued.
(6) Special imprest shall be retired 30 days after the
completion of the activity.
PART XI–ADVANCE PAYMENTS
125. (1) For the purpose of section 70 of the Act, an advance
payment for goods, services and civil works to be financed by the
State budget or donor funds shall meet the following conditions-
(a) the advance payment shall be required by a
written public and civil contract works.
(b) the amount shall be within 30 percent of a
total price to be paid under the contract;
(c) a supplier or contractor shall have obtained
from a financial institution a guarantee on
payments of damages to the Government in
case of its non- performance of contractual
obligations;
(d) the term of the guarantee shall cover the
period until all goods, services and civil
works covered by the guarantee are
delivered; and
(e) the financial institutions issuers of the
guarantee-
(i) are licensed by the Bank of Sierra Leone
or subject to the regulations of the
foreign central bank or regulator; and
(ii) meet the regulatory requirements of
capital adequacy or solvency ratios
calculated in accordance with
internationally accepted standards;
and either
(iii) are locally rated at the highest level
designated by Moody's or an equivalent
designated by Standard & Poor's or
Fitch; or
Regularization
of advances
to an
imprest fund.
Reporting of
Retirement of
Approval of
advancepayment for
goods,services
and civil
works
(iv) are rated A1 or higher designated by
Moody's or an equivalent designated
by Standard & Poor's or Fitch, for
overseas banks.
(2) The powers of the Minister for approving an advance
payment for goods and services and civil works under sub-section 2
of section 70 of the Act may be delegated to the Accountant-General.
(3) When seeking for the approval of an advance
payment for goods and services or civil works under sub-regulation
(2), a Chief Accountant of a budgetary or sub-vented agency shall
submit to the Accountant-General a payment voucher for the
disbursement signed by the vote controller and verified by the Chief
Accountant, together with the following documents-
(a) a written public contract for the goods and
services or civil works; and
(b) a guarantee certificate issued by a financial
institution.
(4) A payment voucher and supporting documents required
under sub-regulation (3) shall be submitted -
(a) through the computerized financial
management system; or
(b) if the budgetary or sub-vented agency has
no access to the computerized financial
management system or the advance payment
is to be disbursed from donor funds, in such
manner as determined by the Accountant-
General.
(5) The Accountant-General may approve an advance
payment for goods and services and civil works, only when it meets
all the conditions specified under sub-regulation (1).
(6) Any advance payment for goods and services and
civil works to be financed from the State budget or donor funds that
violates any of the conditions specified in sub-regulation (1) shall be
null, void and of no effect, and the recipient shall repay the advance
payment to the extent in violation of sub-regulation (1) within one
month after the Accountant-General requires the repayment.
126. (1) An advance payment for goods, services and civil
works from bank accounts opened for the Treasury shall be disbursed
only by the Accountant- General.
(2) In the case of disbursement of an advance payment
for goods, services and civil works from a bank account opened for
a budgetary or sub-vented agency, an officer authorized by the vote
controller of the agency shall make disbursement only after the
approval of the Accountant-General under sub- regulation(5) of
regulation 125.
127. For the purpose of sub-section (3) of section 70 of the Act,
an advance payment for goods, services and civil works made in a
financial year shall be acquitted when -
(a) goods and services are delivered or civil
works are completed;
(b) progress payments are made.
128 (1) The Accountant-General shall maintain a database of
advance payments for goods and services and civil works, which
shall cover all approved advance payments of budgetary or subvented agencies to be disbursed from the State budget or donor
funds.
Disbursement
of advance
payment for
goods,
services and
civil works.
Acquittal
of advance
payment for
goods,
services and
civil works.
Database of
advance
payments for
goods,
services and
civil works.
(2) The database referred to in sub-regulation (1) shall
include, in respect of each advance payment, -
(a) the amount and date of the advance payment;
(b) the name of the guaranteeing financial
institution; and
(c) the date, amount, and reason of the acquittal.
129. (1) Every month, the vote controller of each budgetary
and sub- vented agency shall submit to the Accountant-General, a
report showing information listed in sub-regulation (2) of regulation
128 in respect of each advance payment disbursed from bank accounts
opened for the budgetary or sub-vented agencies.
(2) The Accountant-General may, at any time, require a
vote controller of a budgetary or sub-vented agency to provide such
information as the Accountant-General deems necessary for
maintaining the database referred in sub-regulation (2) of regulation
128.
130. (1) Subject to sub-section (4) of section 71 of the Act, the
Accountant-General may provide a staff loan -
(a) only to a member of Parliament and civil
servant that meets the eligibility criteria
prescribed by the Accountant-General;
(b) which shall be repaid by payroll deductions
within such repayment period as prescribed
(2) The Accountant-General may charge interest on staff
loans.
(3) The State budget shall include a provision for a gross
amount of staff loan to be provided in a financial year.
(4) In the computerized financial management system or
otherwise, the Accountant-General shall maintain a database on staff
loans, in respect of each loan which includes-
(a) the name of the borrower;
(b) the amount and date of the loan;
(c) the repayment period and repaid
amount; and
(d) the interest, if any.
(5) The Accountant-General may disburse a staff loan
by electronic fund transfer.
131. For the purpose of section 70 of the Act, no advance
payment other than those specified in this Part of these Regulations
shall be made from the Consolidated Fund, donor funds, special
funds or by sub-vented agencies.
132. (1) The monthly statements of the Consolidated Fund
and its annual financial statements prepared and published under
regulations 217 and 220 shall include at least opening and closing
balances of -
(a) advance payments for goods, services and
civil works made from the State budget or
donor funds of budgetary agencies; and
Staff loan.
Prohibition
of other
advance
payment.
Reporting of
advance payment for
goods,services
and civil
works.
Inclusion of
advance
payments in
financial
reports and
statements.
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