Government Financial Management (Occupational Safety and Health Fund)Regulations, 2011

Legal Notice 14 of 2011

Citation: Legal Notice 14 of 2011
Primary work: Government Financial Management Act
Date: 18 February 2011
Language: English
Type: Legal Notice
Publication: Download PDF (20.2 MB)

LAWS OF KENYA

GOVERNMENT FINANCIAL MANAGEMENT ACT

GOVERNMENT FINANCIAL MANAGEMENT (OCCUPATIONAL SAFETY AND HEALTH FUND)REGULATIONS, 2011

LEGAL NOTICE 14 OF 2011

Published in Kenya Gazette Vol. CXIII—No. 16 on 18 February 2011
Commenced on 18 February 2011

1. Citation

These Regulations may be cited as the Government Financial Management (Occupational Safety and Health Fund) Regulations, 2011.

2. Interpretation

In these Regulations, unless the context otherwise requires—“Council” means the National Council for Occupational Safety and Health established under section 27 of the Occupational Safety and Health Act (No. 15 of 2007);“financial year” means the period of twelve months ending on the 30th June in each year;“Fund” means the Occupational Safety and Health Fund established under regulation 3;“Minister” means the Minister for the time being responsible for Labour; and“officer administering the Fund” means the Permanent Secretary in the Ministry for the time being responsible for labour.

3. Establishment of the Fund

(1)There is established a Fund to be known as the Occupational Safety and Health Fund.

(2)The Fund shall consist of—

(a)monies appropriated by Parliament;

(b)grants and donations;

(c)annual levy charged under subparagraph (3); and

(d)income generated from the proceeds of the Fund.

(3)A workplace registered under the Occupational Safety and Health Act (No. 15 of 2007) shall pay, into the Fund, an annual levy of three thousand shillings.

(4)The Minister may, from time to time, by a Notice in the Gazette, review the levy under sub-paragraph (3).

4. Object and purpose of the Fund

The object and purpose for which the Fund is to—

(a)develop and co-ordinate a sound and effective occupational safety and health system;

(b)implement an effective system for the prevention of occupational accidents and diseases, ill health and damage to property at workplace;

(c)carry out research on occupational safety and health, including research on factors leading to occupational accidents and diseases;

(d)develop and disseminate information on occupational safety and health; and

(e)promote occupational safety and health through annual safety awards for outstanding performance in safety and health among employers and employees.

5. Initial capital of the Fund

The initial capital of the Fund shall be seven million shillings appropriated by Parliament in the financial year 2010/2011.

6. Expenditure on the Fund

The expenditure incurred on the Fund shall be on the basis of, and limited to, annual work programmes and cost estimates which shall be prepared by the officer administering the Fund, and approved by the Council, at the beginning of the financial year to which they relate.

7. Application of the financial and procurement regulations

Existing Government financial and procurement regulations and procedures shall apply in the administration of the Fund.

8. Retention of receipts and earnings

All receipts, earnings and accruals to the Fund, and the balance of the Fund at the close of each financial year shall be retained by the Fund for use for the purpose for which it is established.

9. Administration of the Fund

The officer administering the Fund shall—

(a)supervise and control the administration of the Fund;

(b)consult with the Council on matters relating to the administration of the Fund;

(c)cause to be kept books of accounts and other books and records in relation to the Fund of all activities and undertakings financed from the Fund;

(d)prepare, sign and transmit to the Controller and Auditor-General, in respect of each financial year and within three months after the end thereof, such statement of accounts relating to the Fund, as the Treasury shall prescribe;

(e)furnish such additional information as he may consider to be proper and sufficient for the purpose of examination and audit by the Controller and Auditor-General in accordance with the provisions of the Public Audit Act, 2003 (No. 12 of 2003).

10. Winding-up of Fund

In the event of winding up the Fund, the cash balances shall be transferred to the Exchequer while other assets of the Fund shall be transferred to the Ministry for the time being responsible for labour.

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History of this document

18 February 2011 this version

Published in Kenya Gazette 16

Commenced

Cited documents 1

Act 1

1.	Occupational Safety and Health Act	142 citations