Laws of Malawi

NATIONAL PLANNING COMMISSION

Muli bwanji!Lilongwe

CHAPTER 39:01
NATIONAL PLANNING COMMISSION

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

PART II
THE NATIONAL PLANNING COMMISSION

    3.    Establishment of National Planning Commission

    4.    Board of the Commission

    5.    Tenure of office

    6.    Vacancies

    7.    Committees of the Board

    8.    Allowances and expenses

    9.    Independence of the Commission

    10.    Functions of the Commission

    11.    Powers of the Commission

    12.    Approval of plans and strategies

    13.    Meetings

    14.    Personal attendance of meetings

    15.    Disclosure of interest

    16.    Oath of secrecy

    17.    Protection from liability

PART III
ADMINISTRATION

    18.    Secretariat

    19.    Director General

    20.    Duties and responsibilities of Director General

    21.    Removal of Director General

    22.    Secretary to the Commission

    23.    Other staff of the Commission

PART IV
FINANCIAL PROVISIONS

    24.    Funds of the Commission

    25.    Accounting and audit

PART V
MISCELLANEOUS

    26.    Duty to cooperate

    27.    Offences

    28.    Obstruction: an offence

    29.    Annual reports

    30.    Powers of the Minister

        Schedule

12 of 2017
G.N. 22/2017

    An Act to provide for the establishment of the National Planning Commission and matters connected therewith and incidental thereto

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the National Planning Commission Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    “chairperson” means the chairperson of the Board of the Commission appointed under section 4 of this Act;

    “Commission” means the National Planning Commission established under section 3 of this Act;

    “committee” means a committee of the Board of the Commission established under section 7 of this Act;

    “Director General” means the Director General appointed under section 19 of this Act; and

    “member” means a member of the Board of the Commission appointed under section 4 (1) of this Act.

PART II
THE NATIONAL PLANNING COMMISSION

3.    Establishment of National Planning Commission

    There is hereby established a Commission to be known as the National Planning Commission (hereinafter referred to as “the Commission”) which shall be a body corporate with perpetual succession and a common seal and be capable of—

    (a)    acquiring, holding and disposing of real and personal property;

    (b)    suing and being sued in its own name; and

    (c)    doing or performing all such acts and things as bodies corporate may by law do or perform.

4.    Board of the Commission

    (1) The Board of the Commission shall consist of—

    (a)    a chairperson appointed by the President;

    (b)    five other members appointed by the President in consultation with relevant professional and other bodies; and

    (c)    the Secretary responsible for planning and development.

    (2) The appointment of members of the Board of the Commission under subsections (1) (a) and (b) shall be confirmed by the Public Appointments Committee of the National Assembly.

    (3) A member of the Board of the Commission, other than the ex officio member shall not, by reason only of his appointment as a member of the Board of the Commission, be deemed to be an employee in the public service.

    (4) The Minister shall publish names of all members of the Commission, as first constituted, and every change in the membership, in the Gazette.

    (5) A person, other than an ex officio member shall not be qualified for appointment as a member of the Board of the Commission if he—

    (a)    does not possess—

        (i)    a minimum educational qualification of a master’s degree or its equivalent obtained subsequent to a bachelor’s degree from a recognized and reputable educational institution; and

        (ii)    expertize and experience in a field relevant to the functions and responsibilities of the Commission;

    (b)    holds a political office or is an active member of a political party;

    (c)    is an officer, member or employee in a public institution;

    (d)    is adjudged or declared bankrupt; and

    (e)    would for any other reason be disqualified by law from serving as a director of a company or as trustee.

    (6) The Commission may, where necessary taking into account the nature of the matter to be deliberated, invite any person to attend a meeting of the Commission or any of its committees and participate in the deliberations or to make a presentation or to be asked questions, on any matter, but the person so invited shall not be entitled to vote.

    (7) The Secretary responsible for planning and development shall be the deputy chairperson of the Commission.

    (8) At least three members of the Commission appointed under section 4 (1) shall be women.

5.    Tenure of office

    (1) A member of the Board of the Commission, other than an ex officio member shall hold office for a period…

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