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The Executive Agencies (Amendment) Act, 2009

Discussion in 'Jukwaa la Siasa' started by Kasheshe, Jul 1, 2009.

  1. Kasheshe

    Kasheshe JF-Expert Member

    Jul 1, 2009
    Joined: Jun 29, 2007
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    An Act to amend the Executive Agencies Act, with a view to enhancing efficiency of executive agencies.


    The Executive Agencies Act, Cap.245 was enacted in 1997 for purposes of enabling the establishment and operation of semi-autonomous executive agencies for the purpose of providing public services in selected areas in a more efficient and effective manner. Since then a number of laws that affect the Act have been enacted or amended, but no review has ever been done to the Act in order to accommodate the changes and harmonize it with said legislation.
    Therefore, the objective of this Bill is to amend the Executive Agencies Act, Cap.245 with a view to harmonizing it with the laws that have been enacted recently. The proposed amendments are also intended to smoothen the implementation of the Act and hence maximize the efficiency of the Executive Agencies.
    This Bill is divided into Three Parts. Part I deals with preliminary matters such as the name of the proposed Act. Part II proposes amendments on various sections of the Act.
    Clause 2 it is proposed to amend section 2 by adding the definition of "appropriate authority" to mean "the consent of the Chief Secretary to establish an executive agency".
    In Clauses 3 and 4 it is proposed to amend sections 3 and 4 by recasting them to make them so that they could express the intended meaning.
    Clause 5 proposes amendment of section 5 with a view to restricting the role of Permanent Secretaries over Executive Agencies to implementation policy issues.
    The Bill further proposes to amend section 6 in order to exclude the Permanent Secretaries from Ministerial Advisory Board and being members of the Board. The thrust of the changes is to enhance the principles of good governance. It is also proposed to exclude Chief Executive Officers of the public institutions and politicians from becoming members of the Ministerial Advisory Boards for the same purposes.
    It is further proposed to amend section 7 in order to better express the intended meaning. The Clause further proposes to widen the scope of the Ministerial Advisory Board in issuance of advice.
    Clause 8 proposes to repeal and replace section 9 in to align it with the Recruitment Secretariat established under the Public Service Act.
    Clause 9 proposes addition of a new clause 10A which intend to recast the former section 9 and to prudently provide for the functions of the Chief Executive.
    Clause 10 proposes to amend section 10 in order to allow an aggrieved employee who to appeal to the Public Service Commission and the President through the Chief Secretary.
    Clause 11 propose to amend section 12 for purposes of widening the sources of funds for Executive Agencies, where as section 17 is amended to provide for the same purposes.
    Clauses 13, 14, 15 and 16 proposes amendment to certain written laws in order to accommodate therein amendments of similar nature to the Executive Agencies Act. The laws proposed to be amended are the Parastatal Organizations Pensions Scheme Act, the Local Authorities Pensions Fund Act, the Provident Fund (Government Employees) Act and the National Social Security Fund Act.

    My take:

    Mimi napenda jadili mifumo na sio watu... this is big up as far as I'm concern!!!

    source: Bunge website