The Counter-Trafficking in Persons (National Assistance Trust Fund for Victims of Trafficking in Persons) Regulations

Section 1. Citation Section These Regulations may be cited as the Counter-Trafficking in Persons (National Assistance Trust Fund for Victims of Trafficking in Persons) Regulations.

Section 2. Interpretation Section In these Regulations, unless the context otherwise requires— "Act" means the Counter -Trafficking in Persons Act (Cap. 61); "Auditor General" means the Auditor-General appointed under Article 229 of the Constitution; "Board of Trustees" has the meaning assigned to it under the Act; and "financial year" means the period of twelve months ending on the thirtieth June in every year.

Section 3. Appointment of Trustees Section 3(1) For purposes of section 24 of the Act, not more than two thirds of the members of the Board of Trustees shall be of the same gender. Section 3(2) The Chairperson of the Board of Trustees shall be the member appointed under section 24(1)(e) of the Act.

Section 4. Filling of Vacancy Section Whenever the office of a member of the Board of Trustees appointed under section 24(1) (e) and (f) of the Act falls vacant, the vacancy shall be filled in the same manner specified for that office under section 24 (2).

Section 5. Disqualification from appointment Section is a member of a governing body of any political party;

Section 6. Vacation of office Section serves the Cabinet Secretary with a written notice of resignation;

Section 7. Powers of the Board of Trustees Section 7(1) The Board of Trustees shall subject to the law relating to Trustees exercise all the powers necessary for the proper performance of its responsibilities under the Act. Section 7(2)(a) acquire, control, and supervise the funds and assets of the Fund in a manner that best promotes the objects for which the Fund is established; Section 7(2)(b) formulate such policies and guidelines as may be necessary for the proper operations and management of the Fund and for any other matter concerning the Fund; Section 7(2)(c) receive grants, gifts, donations or endowments and make legitimate disbursements from the Fund; Section 7(2)(d) approve contracts, undertakings and other activities otherwise undertaken in the name of the Fund; Section 7(2)(e) invest only such percentage of any funds of the Fund not immediately required for its purposes in the manner prescribed by the Cabinet Secretary responsible for matters relating to finance; Section 7(2)(f) open and operate an account in the name of the Fund with a reputable bank, registered building society, or any reputable and registered financial institutions as provided in the Trustee Act (Cap...

Section 8. Duties of members of the Board of Trustees Section observe the provisions of the Constitution and any written law in the performance of their duties under the Act and Regulations;

Section 9. Meetings of the Board of Trustees Section 9(1) The Board of Trustees shall meet not less than four times in every financial year to conduct its business and not more than three months shall lapse from the date of one meeting and the date of the next meeting. Section 9(2) Notwithstanding the provisions of subsection (1), the Chairperson may call a meeting at any time where it is considered expedient for the transaction of the business of the Fund, by giving to the members a written notice of not less than seven days. Section 9(3) The quorum for the conduct of the meetings of the Board of Trustees shall be four members. Section 9(4) Unless a unanimous decision is reached, a decision on any matter before the Board shall be by a simple majority of the votes of the members present and voting, and in the case of an equality of votes, the chairperson or person presiding in that capacity shall have a casting vote. Section 9(5) The Chairperson shall preside at every meeting of the Board and in the absence of the Chairperson, members shall elect one of the members to preside with respect to that meeting. Section 9(6) The Board of Trustees may if it deems appropriate, co-opt any pe...

Section 10. Remuneration of the Trustees Section There shall be paid to the members of the Board of Trustees such allowances as determined and approved by the Cabinet Secretary in consultation with the Salaries and Remuneration Commission.

Section 11. Conflict of interest Section 11(1) If a member of the Board of Trustees is present at a meeting of the Board of Trustees where any matter is the subject of consideration and in which matter the member, his spouse, immediate relative or associate is directly or indirectly interested, the member shall as soon as practicable after the commencement of the meeting, disclose such interest and shall not take part in any consideration or discussion, or vote on any question touching on such matter. Section 11(2) A disclosure of interest made under paragraph (1) shall be recorded in the minutes of the meeting. Section 11(3) A member of the Board of Trustees who contravenes the provisions of paragraph (1) commits an offence and is liable under the Anti-corruption and Economic Crimes Act (Cap. 65).

Section 12. Accounts and Audit Section 12(1) The Board of Trustees shall cause to be kept proper books of account and records in relation to the Fund and of all the undertakings, payments, dealings, the Fund's investments and property. Section 12(2) The accounts of the Trust Fund shall be audited and reported upon in accordance with the Public Audit Act (Cap. 412B). Section 12(3) The treasurer of the Board of Trustees shall be the mandatory signatory to all transactions and accounts operated by the Board of Trustees. Section 12(4)(a) a balance sheet showing in detail the assets and liabilities of the Fund; Section 12(4)(b) a statement of income and expenditure of the Fund; and Section 12(4)(c) such other statements of account as required by National and International Accounting and Audit Standards.