Roads Authority Act
- Commenced on 1 January 2007
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Roads Authority Act.
2. InterpretationIn this Act, unless the context otherwise requires—"Administration" means the Roads Fund Administration established under section 3 of the Roads Fund Administration Act;[Cap. 69:08]"Authority" means the Roads Authority established under section 3;"appointed date" means the date appointed by the Minister under section 1;"Board" means the Board referred to in section 5;"Minister" means the Minister responsible for public roads;"procedures agreement" means a procedures agreement referred to in section 26;"public road" has the same meaning ascribed to it in the Public Roads Act;[Cap. 69:02]"road" has the same meaning ascribed to it in the Public Roads Act;[Cap. 69:02]"road agency" means any institution or body, whether or not incorporated, charged under any written law with the responsibility of constructing, maintaining or rehabilitating public roads, and includes any institution or body designated as a roads authority by the Minister by notice published in the Gazette;"Roads Fund" means the Roads Fund established under section 18 of the Roads Fund Administration Act.[Cap. 69:08]
Part II – Establishment of the Roads Authority
3. Establishment of the Authority
4. Purpose of the AuthorityThe purpose of the Authority shall be to—
Part III – Board of the Authority
5. Composition of the Board
6. Disclosure of interestIf a member of the Board acquires any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at a meeting of the Board at which the contract, proposed contract or other matter is the subject of consideration by the Board, he shall at the meeting, as soon as practicable after the commencement of the meeting, disclose the fact to the Board, and shall not take part in the consideration or discussion of or vote on any question with respect to, the contract or other matter.
7. Board may establish committees
8. Board may co-opt advisorsThe Board may, in its discretion, at any time and for any length of period, co-opt any person to attend any deliberations of the Board, but such person shall not be entitled to vote on any matter at any meeting of the Board.
9. Vacation, etc., of members from office
10. Meetings of the Board
11. Remuneration and expenses of members of the BoardMembers of the Board shall be paid from the funds of the Authority such allowances as the Board may, subject to the approval of the Minister, determine and the Board may make provision for the reimbursement of any reasonable expenses incurred by a member of the Board or of a committee of the Board in connexion with the business of the Board or the committee.
Part IV – Functions and powers of the Board
12. Functions of the BoardIn order to achieve the purpose referred to in section 4, the Board shall—
13. Powers of the BoardFor the better performance of its functions, the Board shall, subject to the provision of this Act and any other written law, have power—
14. Board to be accountable to Minister
15. Board to report to MinisterThe Board shall, at such intervals as the Minister may in writing require, submit to the Minister reports and financial statements, in such form as the Minister may determine, regarding the operations and activities of the Authority and the Board.
16. Inquiries by the Minister
Part V – Financial provisions
17. Funds of the Authority
18. Books and other records of accounts and audit
19. Holdings of the Funds of the AuthorityAll sums received for the purposes of the Authority shall be paid into one or more banking accounts at such bank or banks as the Board may determine, and no amount shall be withdrawn except under the authority of the Board and by means of cheques signed by such persons as are authorized in that behalf by the Board.
20. Financial yearThe financial year of the Authority shall be the period of twelve months commencing on the 1st July of each year and ending on the 30th June of the following year:Provided that the first financial year may be a period shorter or longer than twelve months as the Board shall determine, but in any case not longer than eighteen months.
Part VI – Management
21. Appointment of staff of the Authority
Part VII – Annual roads programmes
22. Annual roads programmesThe Authority shall, at least six months before the commencement of every financial year, submit to the Board an annual roads programme in such form and containing such details as the Board shall specify, outlining a comprehensive plan of action for the construction, maintenance and rehabilitation of public roads, tracks and trails under the charge of the road agency, and the estimated costs of every activity required to implement the plan of action.
23. Review of annual roads programmes
24. Annual national roads programmes to be submitted to the Minister
Part VIII – Management of road networks
25. Management of road network
26. Procedures agreement
Part IX – Offences and penalties
27. Offences and penalties
28. Failure of the Authority to comply with certain provisions
Part X – Miscellaneous
29. Inconsistency with other written lawsWhere any provision of any written law relating to public roads, road traffic or road safety is inconsistent with any provision of this Act, the provision of that written law shall be invalid to the extent of such inconsistency.
Part XI – Transitional provisions
31. Vesting of assets of the National Roads Authority
32. Registration of property to be transferred by the National Roads Authority
33. Legal proceedings
34. Terms of service of employees of the National Roads Authority
35. Repeal and savings
History of this document
01 January 2007