16
No.
18489
Act No. 73.1997
GOVERNMENT GAZETTE. 3 DECEMBER 1997
NATIONAL FILM AND VIDEO FOUNDATION ACT. 1997
(b) is or was responsible for an irregular payment of money of the Foundation or
for payment of such money not supported by a proper voucher;
(c) is or was responsible for fruitless expenditure of money of the Foundation
owing to failure to carry out his or her duties;
(d) is or was responsible for a deficiency in, the destruction of. or any damage to
the Foundation’s money. stamps. face value documents and forms having a
potential value. securities, equipment, stores or any other property of the
Foundation:
(e) is or was responsible for a claim against the Foundation owing to failure to
carry out his or her duties.
the accounting officer shall determine the amount of such loss or damage, and may order
that person, by notice in writing. to pay to the Foundation. within 30 days from the date
of such notice, the whole or any part of the amount so determined: Provided that the
accounting officer may not make such an order before the person concerned has been
afforded an opportunity of making representations in writing to the accounting officer
regarding the loss or damage which the person is alleged to have caused.
(2) If the person contemplated in subsection ( 1 ) fails to pay the amount within the
period stipulated in the notice in question—
~a) the amount may. subject to subsections (3) and (4). be deducted from his or
her monthi> salary: Provided that such deduction shall not in any month
exceed one-fourth of such monthly salary:
(b) the accounting officer ma~>. subject to subsections (3) and (4). recover the
amount from such person by legal process.
(3) If, within the period stipulated in the notice in question. the person makes an offer
to pay the amount in installments, the accounting officer may allow payment in such
installments as may be reasonable.
(4) A person who has been ordered to pay an amount in terms of subsection(1) may.
within a period of 30 days from the date of the order, appeal in writing against such order
to the Council. stating the grounds of appeal. and the Council may, after such
investigation as may be necessary, dismiss the appeal or order that the appellant be
exempted. either wholly or partly. from the payment of such amount.
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10
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Z()
25
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Delegations
20. ( 1 ) The Council may—
(a) delegate to the chairperson. the chief executive officer or any other employee
of the Foundation any power conferred upon the Council by or under this Act. 35
on such conditions as the Council may determine. but excluding the power to
make grants and to grant loans:
(b) authorise the chairperson. chief executive officer or other employee to
perform any duty assigned to the Council by or under this Act.
40
(2) The chief executive officer may—
(a) delegate any power conferred upon the chief executive officer by or under this
Act to an employee of the Foundation;
(b) authorise such employee to perform any duty assigned to the chief executive
officer by or under this Act.
(3) A delegation under subsection (1) or (2) shall not preclude the exercise of the 45
power in question by the Council or the chief executive officer. as the case may be.
Regulations
21. ( 1 ) The Council may. subject to the approval of the Minister and by notice in the
Gazette. make regulations regarding—
(a) the procedure at meetings of the Council:
50
(b) a Code of Conduct for members of the Council and advisor? panels in order
to prevent conflicts of interest and bringing the Foundation Into disrepute.