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Government Maintenance Fund Act 1988 [11 MIRC Ch 2]

11 MIRC Ch. 2

MARSHALL ISLANDS REVISED CODE 2004

TITLE 11 – FINANCE

CHAPTER 2.

GOVERNMENT MAINTENANCE FUND

ARRANGEMENT OF SECTIONS

Section
§201. Short title.
§202. Creation of the Fund.
§203. Payments into the Fund.
§204. Payments out of the Fund.
§205. Administration of the Fund.
§206. Audit.
§207. Fees.

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An Act to create a Government Maintenance Fund and for purposes connected therewith.

Commencement: 28 November 1988

Source: P.L. 1988-34
P.L. 1989-42
P.L. 1991-135
P.L. 1994-99

§201. Short title.

This Chapter may be cited as the 'Government Maintenance Fund Act 1988'. [P.L. 1988-34, §1.]

§202. Creation of the Fund.

The Government Maintenance Fund is hereby established as an [internal service] fund within the National Treasury and under the control and supervision of the Ministry of Finance, which shall provide for its administration in accordance with the Financial Management Act of 1990, as amended, 11 MIRC 1. [P.L. 1988-34, §2; revised in its entirety by P.L. 1994-99, §3(7).]

§203. Payments into the Fund.

There shall be paid into the Fund:

(a) revenue received from renting and maintenance of heavy equipment;

(b) maintenance of Government YFUs and patrol boats;

(c) revenue received from maintenance and repair of respective ministerial vehicles; and

(d) revenue received from any Ministry, agency, statutory authority, political subdivision or other public entity from the maintenance or repair by the Central Government Maintenance Agency or any vehicle or heavy equipment owned or otherwise under the direct control of such Ministry or other public entity. [P.L. 1988-34, §3; amended by P.L. 1991-135, §2.]

§204. Payments out of the Fund.

(1) Payments may be made or monies may be withdrawn out of the Fund:

• (a) for the purchase of parts and maintenance of heavy machinery referred to in Section 203 of this Chapter; and

• (b) for expenses related to the carrying out of maintenance functions and duties of the Government.
  

(2) No money shall be withdrawn from the Fund except in accordance with this Act and the procedures prescribed by the Financial Management Act, 11 MIRC 1. [P.L. 1988-34, §4; amended by P.L. 1994-99, §3(7).]

§205. Administration of the Fund.

The Fund shall be administered by the Secretary of Finance who shall maintain proper accounts and records of the Fund. The accounts of the Fund shall be laid before the Nitijela by the Minister of Finance in accordance with Article VIII, Section 5(4) of the Constitution of the Marshall Islands. [P.L. 1988-34, §5.]

§206. Audit.

The accounts and records of the Fund maintained by the Secretary of Finance under Section 205 shall be audited by the Auditor-General as provided for under Article VIII, Section 15 of the Constitution. [added by P.L. 1991-135, §6]

§207. Fees.

The Central Government Maintenance Agency may charge reasonable fees for the maintenance or repair of any vehicle or heavy equipment owned or otherwise under the direct control of any Ministry, agency, statutory authority, political subdivision or other public entity. [added by P.L. 1991-135, §7].

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