The Customs and Excise (Railway Development Levy Fund) Regulations, 2013

Legal Notice 118 of 2013

This is the latest version of this Legal Notice.
Citation
Legal Notice 118 of 2013
Primary work
Customs and Excise Act
Date
31 December 2022
Language
English
Type
Legal Notice
Publication
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LAWS OF KENYA

CUSTOMS AND EXCISE ACT

THE CUSTOMS AND EXCISE (RAILWAY DEVELOPMENT LEVY FUND) REGULATIONS, 2013

LEGAL NOTICE 118 OF 2013

  • Published in Kenya Gazette Vol. CXV—No. 103 on 12 July 2013
  • Commenced on 5 July 2013
  1. [Amended by Customs and Excise (Railway Development Levy Fund) (Amendment) Regulations, 2020 (Legal Notice 86 of 2020) on 14 May 2020]
  2. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation

These Regulations may be cited as the Custroms and Excise (Railway Development Lrvy Fund) Regulations, 2013.

2. Interpretation

In these Regulations, unless the context otherwise requires-"Advisory Committee" means the Advisory. Committee constituted under regulation 6;"financial year" means the period of twelve months egding on the 30th June in each year;"Fund" means the Railway Development Levy Fund established under regulation 3;"officer administering the Fund" means the Principal Secretary responsible for matters relating to transport.

3. Establishment of funds

(1)There is estabtished a Fund to be known as the Railway Development Levy Fund.
(2)The Fund shall consist of-
(a)the proceeds of the railway development levy charged under section 8 of the Miscellaneous Fees and Levies Act, 2016
(b)grants or donations made to the Fund;
(c)any income generated from the proceeds of the Fund.
[ L.N. 86/2020, r. 2]

4. Objective and purpose of the Fund

The objective and purpose of the Fund shall be to provide funds for the construction and operation of a standard gauge railways network in order to facilitate the transportation of goods.[L.N. 86/2020, r. 3 ]

5. Payments out of the Fund

There shall be paid out of the Fund, paymonts in respect of any expenses incurred in pursuance of the object and purpose for which the Fund is established.

6. Advisory Committee

There is established a committee to be known as the Advisory Committee which shall consist of-
(a)the Principal Secretary responsible for matters relating to finance who shall be the chairperson;
(b)the Principal Secretary responsible for matters relating to transport;
(c)the Principal Secretary responsible for matters relating to infrastructure; and
(d)the managing director of the Kenya Railways Corporation appointed under section 5 of the Kenya Railways Corporation Act, (Cap. 397).

7. Functions of the Advirory Committee

The functions of the Advisory Committee shall be-
(a)to review and approve the annual work programmes and cost estimates; and
(b)to oversee the management of the Fund and advise the Cabinet Secretary generally on the operations of the Fund.

8. Annual budget to be approved by the Advisory Committee

(1)The expenditure of the Fund shall be on the basis of, and limited to, the annual work programmes and cost estimates which shall be submitted to the Advisory Committee for approval before the beginning of the financial year to which they relate.
(2)Any revision of the approved expenditure or expenditure outside the work programme and cost estimates shall not be implemented or incured unless they have been approved by the Advisory Committee.

9. Receipts, savings and accruals to be retained for the purpose of the Fund

All receipts, savings and accruals of the Fund and the balance of the Fund at the close of each financial year, shall be retained for the purpose for which the Fund is established.

10. Application of financial and procurement regulations

The existing government financial and procurement regulations shall apply in the administration of the Fund.

11. Administration of Fund

The officer administering the Fund shall-
(a)supervise and control the administration of the Fund;
(b)consult with the Advisory Committee on matters relating to the administration of the Fund as may, from time to time, be necessary;
(c)advise and consult with the Cabinet Secretary respensible for finance on matters relating to the administration of the Fund as may, from time to time, be necessary;
(d)cause to be kept all proper books of accounts and other books and records relating to the Fund and to the activities and undertakings financed by the Fund; and
(e)prepare, sign and transmit to the Auditor-General in respect of each financial year and within three months after the end thereof, a statement of account relating to the Fund in such form as the National Treasury may from time to time prescribe, in accordance with Public Financial Managemen't Act, 2012.
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History of this document

31 December 2022 this version
14 May 2020
12 July 2013
05 July 2013
Commenced