The Guyana Fiscal Management & Accountability Act 2003

the Guyana FISCAL MANAGEMENT AND ACCOUNTABILITY ACT 2003 reads like an action packed movie with lots o shit blowing up all over the place
at least that’s the way i see it
bharrat jagdeo must’ve snorted a line of cocaine before assenting to this bill
little did he know

Misuse of public
moneys.

48. A Minister or official shall not in any manner misuse, misapply,
or improperly dispose of public moneys.

Liability for loss
of public moneys.

49. (1) If a loss of public moneys should occur and, at the time
of that loss, a Minister or official has caused or contributed to that loss
through misconduct or through deliberate or serious disregard of
reasonable standards of care, that Minister or official shall be
personally liable to the Government for the amount of the loss.

(2) Where the misconduct or disregard of the person is not
the sole cause of the loss referred to in subsection (1), the person shall
be liable to pay only so much of the loss as is just and equitable having
regard to the person’s share of the responsibility for the loss.
(3) If a loss of public moneys should occur and, at the time
of that loss, a Minister or official had nominal custody of such moneys,
that Minister or official shall be personally liable to the Government for
the amount of the loss.
(4) For the purposes of subsection (3), a person has nominal
custody of moneys where –
(a) the person holds the moneys by way of a petty cash
advance, a change float, or other form of advance;
or
(b) the person has received the moneys, but has not yet
dealt with it as required by section 46.
(5) A person’s liability under this section is not terminated
or avoided upon that person ceasing to be a Minister or official.
(6) An amount payable to the Government under this
section is recoverable as a debt in a court of competent jurisdiction.
(7) The Government shall not be entitled to recover
amounts from the same person pursuant to both subsection (1) and
subsection (3) in respect of the same loss.
(8) For the purposes of this section, “loss” includes a
deficiency.


Liability for loss
of public property.

76. (1) If a loss of public property should occur and, at the time
of that loss, a Minister or official has caused or contributed to that loss
through misconduct or through deliberate or serious disregard of
reasonable standards of care, that Minister or official shall be
personally liable to the Government for the amount of the loss.
(2) Where the misconduct or disregard of the person is not
the sole cause of the loss referred to in subsection (1), the person shall
be liable to pay only so much of the loss as is just and equitable having
regard to the person’s share of the responsibility for the loss.
(3) If a loss of public property should occur and, at the time
of that loss, a Minister or an official had nominal custody of that
property, that Minister or official shall be personally liable to the
Government for the amount of the loss.

bharrat jagdeo and ppp criminals enter  parliament to begin collecting pay raise
bharrat jagdeo and ppp criminals enter parliament to begin collecting pay raise

(4) For the purposes of subsection (3), a person has nominal
custody of property where –
(a) the person has taken delivery of the property and
has not returned it to the person entitled to receive
the property on behalf of the State; and
(b) at the time that the person took delivery of the
public property, that person signed a written
acknowledgment that the property was delivered on
the express condition that the person would at all
times take strict care of that property.
(5) A person’s liability under this section is not terminated
or avoided upon that person ceasing to be a Minister or official.
(6) An amount payable to the Government under this
section is recoverable as a debt in a court of competent jurisdiction.
(7) The Government shall not be entitled to recover
amounts from the same person pursuant to both subsection (1) and
subsection (3) in respect of the same loss.
(8) For the purposes of this section –
(a) “amount of the loss” means –
(i) where the property is damaged, the value of the
property prior to the damage or the cost of
repairing the property, whichever is less; and
(ii) in all other cases, the value of the property; and
(b) “loss” includes destruction or damage.

Gifts of public
property.

77. A Minister or an official shall not make a gift of public property
unless the making of the gift is expressly authorised by law.

PART XIV
OFFENCES

Liability of
official.

85. An official who –
(a) falsifies any account, statement, receipt or other record
issued or kept for the purposes of this Act, the
Regulations, the Finance Circulars or any other
instrument made under this Act;
(b) conspires or colludes with any other person to defraud the
State or make opportunity for any person to defraud the
State; or
(c) knowingly permits any other person to contravene any
provision of this Act,
is guilty of an indictable offence and liable on conviction to a fine of
two million dollars and to imprisonment for three years.

Guyana FISCAL MANAGEMENT AND ACCOUNTABILITY ACT 2003

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