ROADS AUTHORITY

CHAPTER 69:07
ROADS AUTHORITY

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

PART II
ESTABLISHMENT OF THE ROADS AUTHORITY

    3.    Establishment of the Authority

    4.    Purpose of the Authority

PART III
BOARD OF THE AUTHORITY

    5.    Composition of the Board

    6.    Disclosure of interest

    7.    Board may establish committees

    8.    Board may co-opt advisors

    9.    Vacation, etc., of members from office

    10.    Meetings of the Board

    11.    Remuneration and expenses of members of the Board

PART IV
FUNCTIONS AND POWERS OF THE BOARD

    12.    Functions of the Board

    13.    Powers of the Board

    14.    Board to be accountable to Minister

    15.    Board to report to Minister

    16.    Inquiries by the Minister

PART V
FINANCIAL PROVISIONS

    17.    Funds of the Authority

    18.    Books and other records of accounts and audit

    19.    Holdings of the funds of the Authority

    20.    Financial year

PART VI
MANAGEMENT

    21.    Appointment of staff of the Authority

PART VII
ANNUAL ROADS PROGRAMMES

    22.    Annual roads programmes

    23.    Review of annual roads programmes

    24.    Annual national roads programme to be submitted to the Minister

PART VIII
MANAGEMENT OF ROAD NETWORKS

    25.    Management of road network

    26.    Procedures agreement

PART IX
OFFENCES AND PENALTIES

    27.    Offences and penalties

    28.    Failure of the Authority to comply with certain provisions

PART X
MISCELLANEOUS

    29.    Inconsistency with other written laws

    30.    Regulations

PART XI
TRANSITIONAL PROVISIONS

    31.    Vesting of assets of the National Roads Authority

    32.    Registration of property to be transferred by the National Roads Authority

    33.    Legal proceedings

    34.    Terms of service of employees of the National Roads Authority

    35.    Repeal and savings

28 of 1998
3 of 2006
12 of 2023
G.N. 32/2006

    An Act to make provision for the establishment of the Roads Authority for the construction, maintenance and rehabilitation of public roads; and for connected purposes

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the Roads Authority Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    “Administration” means the Roads Fund Administration established under section 3 of the Roads Fund Administration Act;

    “Authority” means the Roads Authority established under section 3;

    “appointed date” means the date appointed by the Minister under section 1;

    “Board” means the Board referred to in section 5;

    “Minister” means the Minister responsible for public roads;

    “procedures agreement” means a procedures agreement referred to in section 26;

    “public road” has the same meaning ascribed to it in the Public Roads Act;

    “road” has the same meaning ascribed to it in the Public Roads Act;

    “road agency” means any institution or body, whether or not incorporated, charged under any written law with the responsibility of constructing, maintaining or rehabilitating public roads, and includes any institution or body designated as a roads authority by the Minister by notice published in the Gazette; and

    “Roads Fund” means the Roads Fund established under section 18 of the Roads Fund Administration Act.

PART II
ESTABLISHMENT OF THE ROADS AUTHORITY

3.    Establishment of the Authority

    (1) There is hereby established a body to be known as the Roads Authority (in this Act otherwise referred to as the “Authority”) which shall—

    (a)    be a body corporate with perpetual succession;

    (b)    have a common seal;

    (c)    be capable of—

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

        (ii)    suing and being sued in its corporate name; and

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

    (2) There shall be established within the Authority such Agencies as the Board may, in consultation with the Minister, determine.

4.    Purpose of the Authority

    The purpose of the Authority shall be to—

    (a)    ensure that public roads are constructed, maintained or rehabilitated at all times; and

    (b)    advise the Minister and, where appropriate, the Minister responsible for Local Government on the preparation and the efficient and effective implementation of the annual national roads programme referred to in section 22.

PART III
BOARD OF THE AUTHORITY

5.    Composition of the Board

    (1) The operations of the Authority shall be governed by a Board which shall consist of—

    (a)    the following members appointed by the Minister—

        (i)    a Chairman;

        (ii)    a Vice-Chairman;

        (iii)    one chartered accountant registered under the Public Accountants and Auditors Act;

        (iv)    one legal practitioner who possesses a valid practising licence in accordance with the Legal Education and Legal Practitioners Act;

        (v)    one procurement specialist registered under the Malawi Institute of Procurement and Supply Act;

        (vi)    one professional civil engineer registered under the Malawi Engineering Institution Act; and

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