COMPENSATION FUND ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY PROVISIONS

   1.   Short title

   2.   Interpretation

   3.   Principles for payment of compensation

PART II
THE COMPENSATION FUND COMMITTEE

   4.   Compensation Fund Committee

   5.   Tenure of office and vacancy

   6.   Filling of casual vacancy

   7.   Proceedings of Committee

   8.   Sub-committees

   9.   Disclosure of interest

   10.   Prohibition of publication or disclosure of information to unauthorised person

   11.   Immunity

   12.   Prohibition of payment of allowances or expenses from Fund

PART III
THE COMPENSATION FUND

   13.   Compensation Fund

   14.   Accounts and audit

   15.   Fund account

   16.   Disbursement from Fund

PART IV
PROCESSING AND PAYMENT OF CLAIMS

   17.   Claims against Fund

   18.   Determination of applications

   19.   Power of Committee in respect of claims

   20.   Authority to pay claimant

   21.   Apportioning of claims when monies insufficient

PART V
GENERAL PROVISIONS

   22.   Annual report

   23.   Regulations

AN ACT

to provide for the administration and management of the Compensation Fund established under the Constitution; establish the Compensation Fund Committee and provide for its composition and functions; provide for the accounting and audit of the Fund; and provide for matters connected with, or incidental to, the foregoing.

[27th December, 2016]

Act 43 of 2016.

PART I
PRELIMINARY PROVISIONS

1.   Short title

This Act may be cited as the Compensation Fund Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

“associate” means—

   (a)   a person who is a nominee or an employee of a member;

   (b)   a conjugal partner or former spouse of a member;

   (c)   a firm of which a member, or the member’s nominee, is a partner or a person in charge or in control of its business or affairs;

   (d)   a company in which a member or the member’s nominee, is a director or is in charge or in control of its business or affairs, or in which a member, alone or together with the member’s nominee, holds a controlling interest or shares amounting to more than 30 percent of the total share capital; or

   (e)   the trustee of a trust, where—

      (i)   the trust has been created by a member; or

      (ii)   the total value of the assets contributed by a member before or after the creation of the trust, amounts at any time, to not less than 20 percent of the total value of the assets of the trust;

“Chief State Advocate” means the person in charge of civil litigation in the Ministry responsible for justice;

“claimant” means a person legally entitled to make a claim in respect of the Fund;

“Committee” means the Compensation Fund Committee established under section 5;

“compensation” means the damages or award by a court or other competent body legally authorised to award compensation to a person as a result of a default of the State;

“Controlling officer” has the meaning assigned to it in the Public Finance Act, 2004;

“Emoluments Commission” means the Emoluments Commission established under the Constitution;

“Fund” means the Compensation Fund established under Article 209 of the Constitution;

“legal obligation” includes an obligation arising under a contract, quasi contract or under a trust, including a constructive trust;

“member” means a member of the Committee;

“Permanent Secretary” means the Permanent Secretary in charge of legal matters in the Ministry responsible for justice;

“Principal State Advocate” means the person appointed as such for the Department in charge of civil litigation in the Ministry

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