WHEREAS in adopting the Independence Constitution of Tuvalu the people of Tuvalu provided in the Preamble to it as follows:-
WHEREAS in adopting the Independence Constitution of Tuvalu the people of Tuvalu provided in the Preamble to it as follows:-
"WHEREAS the Islands in the Pacific Ocean then known as the Ellice Islands came under the protection of Her Most Gracious Majesty Queen Victoria in September 1892 and on 12 January 1916 in conjunction with the Gilbert Islands became known as the Gilbert and Ellice Islands Colony;
"AND WHEREAS on 1 October 1975 Her Most Excellent Majesty Queen Elizabeth II was graciously pleased to establish the Ellice Islands as a separate colony under their ancient name of Tuvalu;
"AND WHEREAS the people of Tuvalu, acknowledging God as the Almighty and Everlasting Lord and giver of all good things, humbly place themselves under His good providence and seek His blessing upon themselves and their lives;
"AND WHEREAS the people of Tuvalu desire to constitute themselves as an independent State based on Christian principles, the Rule of Law, and Tuvaluan custom and tradition;
"NOW THEREFORE the people of Tuvalu hereby affirm their allegiance to Her Most Excellent Majesty Queen Elizabeth II, Her Heirs and Successors, and do hereby proclaim the establishment of a free and democratic sovereign nation ......... ;"
AND WHEREAS the Constitution then adopted, which was given the force of law by Order in Council of Her Most Excellent Majesty dated 25 July 1978 and taking effect on 1 October 1978, provided for its amendment or replacement by Ordinance of the Parliament established by it for Tuvalu;
AND WHEREAS that Constitution has served the people of Tuvalu well since Independence but now, more than seven years since its adoption, it is time that the people of Tuvalu reconsidered it in the light of their history and their present and future needs as they see them;
NOW THEREFORE, the people of Tuvalu, having considered, as individuals, in their maneapas and island councils, and in their Parliament, what should be in their constitution, give to themselves the following Constitution:
IN SO DOING, the people of Tuvalu set out for themselves and for their governmental institutions, the following Principles:-
PRINCIPLES OF THE CONSTITUTION
the need for mutual respect and co-operation between the different kinds of authorities concerned, including the central Government, the traditional authorities, local governments and authorities, and the religious authorities.
THESE PRINCIPLES, under the guidance of God, are solemnly adopted and affirmed as the basis of this Constitution, and as the guiding principles to be observed in its interpretation and application at all levels of government and organized life.
Tuvalu is a sovereign democratic State, governed in accordance with this Constitution and in particular in accordance with the Principles set out in the Preamble.
together with all small islands, islets, rocks and reefs depending on them.
The High Court has the jurisdiction in relation to the interpretation, application and enforcement of this Constitution conferred by-
and otherwise by law.
In this Division, a reference to this Constitution includes a reference to any other law so far as that law alters the Constitution.
a Bill for an Act to alter this Constitution is not passed by Parliament unless it is supported at its final reading in Parliament by the votes of two-thirds of the total membership of Parliament.
"court" means a court having jurisdiction in Tuvalu, including-
but, except in sections 17 (personal liberty) and 18 (slavery and forced labour), does not include a court or tribunal established by a disciplinary law.
and to other rights and freedoms set out in this Part or otherwise by law.
is an unlawful act.
The Principles set out in the Preamble are adopted as part of the basic law of Tuvalu, from which human rights and freedoms derive and on which they are based.
all laws, and all acts done under a law, must be reasonably justifiable in a democratic society that has a proper respect for human rights and dignity.
no-one shall be killed intentionally.
or if he dies as the result of a lawful act of war.
no-one shall be detained except-
Subject to the provisions of this Part, and in particular to-
"deprivation", in relation to any property, includes-
"property" includes an interest in property, whether or not the interest was inexistence immediately before the deprivation.
no-one shall be deprived of property except-
and for the purpose of obtaining prompt settlement of the compensation.
for the purpose of its administration for the benefit of the persons entitled to the benefit of it; or
except with his consent no-one shall be subjected to-
shall again be tried for-
and where proceedings for such a determination are instituted by a person before such a court or authority the case shall be given a fair hearing within a reasonable time.
including the announcement of the decision, shall be held in public.
under the disciplinary law of that force.
except with his consent no-one shall be hindered in the exercise of his freedom of belief.
except with his consent no-one shall be hindered in the exercise of his freedom of expression.
except with his consent no-one shall be hindered in the exercise of his freedom of assembly and association.
no-one shall be deprived of-
and no-one shall be expelled from Tuvalu.
that are reasonably required in the interests of
of persons generally or of any class of persons, being restrictions that are reasonably required in the interests of-
of any class of person where such restrictions are reasonably required to meet the special circumstances of a part of Tuvalu, for example-
his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person who-
in such a way that one such person is for some such reason given more favourable treatment or less favourable treatment than another such person.
no-one shall be treated in a discriminatory manner.
in accordance with the personal law, beliefs or customs of any person or group; or
to the extent authorized by that section.
shall be considered to be inconsistent with subsection (2).
The fact that certain rights and freedoms are referred to in this Constitution does not mean that there may not be other rights and freedoms retained by the people or conferred by law.
if the exercise of that right may otherwise conflict with subsection (4).
prevents the inclusion in the terms and conditions of employment of any member of a State Service of reasonable requirements, related to his office or position in that Service, as to-
that is applicable to or in relation to him.
Subject to section 15 (definition of "reasonably justifiable in a democratic society"), in relation to a person who is a member of a disciplined force of Tuvalu nothing contained in or done under the disciplinary law of that force shall be considered to be inconsistent with any provision of Subdivision A of this Division, other than-
In relation to a person who-
nothing contained in the disciplinary law of that force shall be considered to be inconsistent with any provision of this Part.
Nothing done in relation to a person who is a member of a disciplined force of a country with which Tuvalu is at war, and no law, to the extent that it authorizes the doing of any such thing shall be considered to be inconsistent with any provision of this Part.
In this Division-
"period of public emergency" means a period throughout which-
after the date on which it is made, unless it is approved in the meantime by Parliament by resolution.
Nothing in or done under a law shall be considered to be inconsistent with-
to the extent that the law-
contravened or not complied with in relation to him, he may apply to the High Court under this Division.
If in any proceedings in a subordinate court a question arises as to a contravention of any of the provisions of this Part, the court may, and shall if a party to the proceedings so requests, refer the question to the High Court unless, in the opinion of the court, the question raised is frivolous or vexatious.
and may make any orders, issue any writs and give any directions that it thinks appropriate for enforcing or securing the enforcement of this Part.
An Act of Parliament may confer on the High Court powers, additional to those conferred by the preceding provisions of this Division, for the purpose of enabling the Court to exercise more effectively the jurisdiction conferred on it by this Division.
shall be considered to have been born-
as the case may be.
Every person who, immediately before the date on which this Constitution took effect, was a citizen of Tuvalu by virtue of-
is as at that date a citizen of Tuvalu for the purposes of this Constitution.
and generally for carrying into effect the purposes of this Part.
The provisions of this Constitution referring to the Sovereign extend, in accordance with section 13 (references to the Sovereign of Tuvalu) of Schedule 1, to the Heirs and Successors of the Sovereign according to law.
In addition to the other functions of the office, the office of Head of State is a symbol of the unity and identity of Tuvalu, and the Head of State is entitled to proper respect accordingly.
except where he is required to act-
or where this Constitution obliges or specifically permits him to act in a particular way.
shall be considered in any court.
he shall be considered to have acted in accordance with the advice.
the reference in subsection (1) to a period of seven days shall be read as a reference to that specified period.
and if at any time after the occasion for the performance of the function has arisen he has not so acted he shall be considered to have acted as required.
the functions of the Governor-General or the relevant parts of those functions shall be performed by-
The Governor-General, as the representative of the Sovereign, is entitled-
a person who was a member of Parliament immediately before the dissolution may be appointed.
the Head of State, acting in accordance with the advice of a professional medical body outside Tuvalu approved by an Act of Parliament for the purpose, shall appoint two or more medical practitioners who are legally qualified to practise medicine in Tuvalu or elsewhere to investigate the question of the capacity of the Prime Minister.
remove the Prime Minister from office.
His removal under section 64 (removal from office of an incapacitated Prime Minister), or his suspension under section 65 (suspension of Prime Minister), does not affect the position of the Prime Minister as a member of Parliament.
a Minister appointed by the Head of State, acting in accordance with the advice of the Prime Minister, shall perform the functions of the Prime Minister.
the Head of State, acting in accordance with the advice of the Prime Minister, may appoint another member of Parliament to perform temporarily the functions of the Minister.
No question whether the need for-
has arisen, or has ceased, shall be considered in any court.
then subsections (4)-(7) apply.
a Minister appointed by the Head of State, acting in his own deliberate judgment after consultation, in confidence, with the other Ministers, shall perform the functions of the Prime Minister.
Before entering upon the duties of his office, the Prime Minister and any other Minister shall take an oath, or make an affirmation, of allegiance, and take an oath, or make an affirmation, of office, in the forms respectively set out in Schedule 4 (Oaths and Affirmations).
The Cabinet is collectively responsible to Parliament for the performance of the executive functions of the Government.
the number of members actually present is a quorum for that meeting.
and references to the Attorney-General include references to officers so acting.
is part of those proceedings.
a statement giving details of the exercise of the power and of the reasons for it.
A Parliament is established for Tuvalu.
as are prescribed by or under an Act of Parliament.
Subject to this Constitution, Parliament may make laws, not inconsistent with this Constitution, including-
Acts of Parliament may provide-
or in some other prescribed way.
Subject to section 95 (disqualification from election) a person is qualified to be elected as a member of Parliament if, and is not qualified to be elected as a member of Parliament unless,-
as the case may be.
his seat does not become vacant, and he may again discharge his functions as a member.
the Head of State, acting in accordance with the advice of a professional medical body outside Tuvalu approved by an Act of Parliament for the purpose, shall appoint two or more medical practitioners who are legally qualified to practise medicine either in Tuvalu or elsewhere to investigate the question of the capacity of the member.
declare the seat of the member concerned to be vacant.
An office of Speaker of Parliament is established.
but after any necessary election of a Prime Minister, the Head of State, acting in accordance with the advice of the Prime Minister, shall call a meeting of the members of Parliament for the purpose of electing a Speaker, at a date, time and place fixed by the Head of State, acting in accordance with the advice of the Prime Minister, by notice to each member.
as the case may be.
the Speaker shall adjourn Parliament until a time and date that he thinks appropriate.
a casting vote.
and it shall be disposed of in accordance with this Constitution and the Rules.
Parliament shall not proceed upon a Bill after its first reading until the next session of Parliament, and after the first reading the Clerk of Parliament shall circulate the Bill to all local governments for consideration and comment.
Subject to sections 109 (quorum of Parliament) and 110 (voting in Parliament)-
There shall be a Clerk of Parliament and such other officers as are necessary for the proper conduct of the business of Parliament, who shall be members of a State Service.
The Head of State, acting in accordance with-
may at any time prorogue Parliament.
The judicial system of Tuvalu consists of-
The High Court is constituted by the Chief Justice of Tuvalu and any other Judges appointed under section 123 (other Judges).
If the Cabinet is satisfied that the appointment of an additional Judge is necessary for the proper performance of the functions of the High Court, the Head of State, acting in accordance with the advice of the Cabinet given after consultation with the Chief Justice, may appoint a person to be a Judge of the High Court-
as is or are specified in the instrument of his appointment.
A person is not qualified for appointment as a Judge of the High Court unless-
shall appoint an independent tribunal consisting of a chairman and at least one other member, each of whom is qualified for appointment as a Judge of the High Court, to investigate the question.
Even when he vacates his office (otherwise than by removal from office under section 127 (removal of Judges from office), a Judge of the High Court may continue to perform the functions of that office in relation to any proceedings commenced before him while his appointment was in force, and while so acting he continues to be entitled to his previous remuneration and other entitlements.
the court may, and shall if a party to the proceedings so requests, refer the question to the High Court for determination.
The High Court has such jurisdiction to determine appeals from decisions of subordinate courts as is provided for by this Constitution or by or under Acts of Parliament.
The High Court has such other jurisdiction, power and authority as are conferred by or under Acts of Parliament.
the Court of Appeal has jurisdiction to determine appeals from decisions of the High Court, whether in the exercise of original jurisdiction or in the exercise of appellate jurisdiction.
in any proceedings, where in the opinion of the Court of Appeal the question involved in the appeal is one which, because of its great general or public importance, or otherwise, ought to be submitted to the Sovereign in Council; and
In this Part-
"personnel matter" means any service decision or action concerning an individual, including-
or the determination, in accordance with law, of conditions of employment relating to them.
Subject to any Act of Parliament, the Cabinet may-
including the replacement of the holders of offices or positions who do not have the qualifications required by the policy.
A Public Service Commission is established.
The Public Service Commission shall consist of a Chairman and three other members.
because of his membership or former membership of the Commission.
and has such other functions as are prescribed.
inform or advise the Cabinet as to any matter within the functions of the Commission.
Subject to any Act of Parliament, the provisions of Schedule 3 (Procedures etc., of the Public Service Commission and Certain Tribunals) apply to and in respect of the Public Service Commission.
Authority in relation to personnel matters in respect of members of the Public Service shall be vested in the Public Service Commission.
In this Division-
"the appropriate authority", in relation to an office or position to which this Division applies, means-
"member of the appropriate authority", in a case where the appropriate authority acts in accordance with the advice of, or after consultation with, any other person or authority, includes-
and any other office or position to which this Division is applied by an Act of Parliament.
in respect of the financial year; and
referred to in subsection (2)(a), (b) or (c).
Subject to section 15 (independence) of Schedule 1, in the performance of his functions under this Constitution and any other law the Auditor-General is not subject to the direction or control of any other person or body.
and has such other functions as are, subject to subsection (4), conferred on him by an Act of Parliament.
and references to the Auditor-General include references to officers so acting.
The transitional provisions specified in Schedule 5 shall have effect notwithstanding anything contained in this Constitution.
"Act" or "Act of Parliament" means, in accordance with section 86 (manner of exercise of the law-making power), a Bill passed by Parliament and assented to by the Head of State;
"alteration", in relation to all or any provisions of this Constitution or any other law, includes-
"appropriation" means the action of setting public money aside, in accordance with law, for a specified purpose;
"Appropriation Bill" means a Bill dealing only with appropriations of public money and matters incidental to appropriations of public money;
"the Attorney-General" means the Attorney-General for Tuvalu whose office is provided for by section 79 (the Attorney-General);
"the Auditor-General" means the Auditor-General for Tuvalu whose office is provided for by section 170 (establishment of the office of Auditor-General);
"Bill" means a proposed Act of Parliament that has been introduced into Parliament;
"bye-election" means an election of a member of Parliament consequent on a casual vacancy;
"caretaker government" means a Cabinet continuing in office under section 71 (caretaker governments);
"the Chief Justice" means the Chief Justice of Tuvalu whose office is provided for by section 122 (the Chief Justice of Tuvalu);
"the Clerk of Parliament" means the Clerk of Parliament whose office is provided for by section 115 (Clerk of Parliament and other officers);
"committee of Parliament" means a committee-
"Commonwealth country" means a country declared by or under an Act of Parliament to be a Commonwealth country, and includes a dependency of such a country;
"the Court of Appeal" means the Court of Appeal for Tuvalu established under section 134 (establishment of the Court of Appeal);
"the Deputy Prime Minister" means the holder of the office allowed for by section 62(4) (which allows one of the Ministers to be appointed Deputy Prime Minister), and includes-
"disciplinary law" means a law regulating a disciplined force;
"disciplined force" means-
"electoral district", means an electoral district for the purpose of the election of members of Parliament, established under section 82 (composition of Parliament);
"final decision", in relation to any judicial proceedings, means a decision that finally disposes of the proceedings, whether or not it is subject to appeal or review;
"financial year" means the period of 12 months ending on 31 December in any year, or such other period of 12 months as is fixed by or under an Act of Parliament;
"function" includes power, duty and responsibility;
"general election" means a general election of the members of Parliament consequent on the dissolution of Parliament;
"the Government" means the executive government of Tuvalu;
"governmental body" means-
"the Governor-General" means the Governor-General of Tuvalu whose office is provided for by section 54 (establishment of office of Governor-General), and includes-
"the Head of State" means-
"the High Court" means the High Court of Tuvalu established by section 120 (establishment of the High Court);
"the Independence Constitution" means the Constitution set out in the Schedule to the Tuvalu Independence Order 1978 of the United Kingdom;
"Independence Day" means 1 October 1978;
"Judge", or "Judge of the High Court", means the Chief Justice, or a Judge of the High Court appointed under section 123 (other Judges);
"meeting", in relation to Parliament, means any period of sitting days during which Parliament-
"member", in relation to a disciplined force, includes a person who, under the disciplinary law of that force, is subject to the discipline of that force;
"Minister" means the Prime Minister or another Minister appointed under section 67 (the other Ministers), and includes-
"month" means calendar month;
"offence" means a contravention of or a failure to comply with a law of Tuvalu;
"Parliament" means the Parliament established for Tuvalu by section 81 (establishment of Parliament);
"prescribed" means prescribed by this Constitution, or by or under an Act of Parliament;
"the Prime Minister" means the Prime Minister whose office is provided for by section 62(1) (which relates to the establishment of an office of Prime Minister), and includes-
"prorogation" means the prorogation of Parliament under section 117 (prorogation of Parliament);
"public officer" means a member of the Public Service;
"Public Service" means the permanent civil administrative Ministries controlled by the Secretary to Government or a Secretary and subject to Executive supervision;
"rules of court" means any law made by a competent authority for regulating the practice and procedure of a court;
"the rules of Procedure of Parliament" means any rules made under section 108 "(Rules of Procedure)";
"the Secretary to Government" means the Secretary to Government whose office is provided for in section 78 (Secretary to Government);
"session", in relation to Parliament, means the series of sitting days occurring during the period-
"sign" includes mark;
"sitting day" means a day on which Parliament actually meets;
"the Sovereign" means the Sovereign of Tuvalu;
"the Sovereign", in the sense of the Sovereign of Tuvalu, has the meaning given to that expression by section 13 (references to the Sovereign of Tuvalu) of this Schedule;
"the Sovereign", in the sense of the Sovereign of the United Kingdom, has the meaning given to that expression by section 14 (references to the Sovereign of the United Kingdom) of this Schedule;
"the Sovereign in Council" means the Sovereign of the United Kingdom, acting by and with the advice of the Judicial Committee of his Privy Council and in accordance with the laws of England from time to time applicable in relation to appeals to the Privy Council or to the Judicial Committee;
"the Speaker" means the Speaker of Parliament whose office is provided for by section 103 (establishment of the office of Speaker), and includes a member of Parliament performing the functions of the Speaker under section 107 (acting Speaker);
"State Service" means a service referred to in section 139 (the State Services);
"subordinate court" means a court other than-
"superior court", in relation to another court, means a court which has jurisdiction to determine appeals from, or to review, decisions of the other court;
"taxation" includes rates, charges, fees and imposts of any kind;
"the Tuvalu Police" means the State Service provided for by section 139(1)(b) (which relates to the establishment of the Tuvalu Police);
"the United Kingdom" means the United Kingdom of Great Britain and Northern Ireland;
"writing" includes any method of reprinting or reproducing words in a visible form;
"year" means any period of 12 months.
In this Constitution-
the limit shall be deemed to be extended by whatever period is necessary to make compliance practicable.
For all purposes of this Constitution, a person attains a particular age at the first moment of the relevant anniversary of his birth.
A reference in this Constitution to the total membership of a body or authority is a reference to the total number of seats or places on the body or authority, irrespective of whether any of them are vacant.
the appointment may be made, or the act may be done, as the case may be, subject to approval being applied for at the first reasonably available opportunity.
to appoint a person temporarily in his place; and
subject to compliance with any conditions to which the exercise of the original power of appointment was subject.
but nothing in this section confers any power to require a Judge of the High Court, the Auditor-General or the Commissioner of Police to retire.
whichever is the later, but the resignation may be withdrawn, with the consent of the Secretary to Government, at any time before it takes effect.
as the case requires, in accordance with the law in force in England.
A reference in this Constitution or in any other law to the Sovereign of the United Kingdom includes a reference to any person exercising the whole or the relevant part of the sovereignty of the United Kingdom in accordance with the law in force in England.
Where this Constitution provides that any person or authority is not subject to the direction or control of any other person or authority, that provision does not prevent-
Where any provision of this Constitution provides for the regulation of an act or thing, unless the context indicates otherwise that provision does not authorize the prohibition of the act or thing, whether in law or in practice.
"the prescribed authority" has the meaning given to it by subsection (2)(a).
Where this Constitution requires or permits an act to be done in the deliberate judgment of a person or authority-
Where this Constitution provides that a law or any other thing may be disallowed, the disallowance takes effect in the same way as a repeal, revocation or cancellation would take effect, except that if the disallowed law or thing altered any other law or thing the disallowance revives the other law, or the previous situation, as the case may be as in existence immediately before the disallowance.
then, in addition to the effect of subsection (2), no matter how often he performs temporarily those functions during any continuous period for which he holds the first office or position he is not required to take the oath or make the affirmation referred to in paragraph (b) more than once.
The functions of the Governor-General under this Schedule shall be performed in his own deliberate judgment.
the meeting shall not be called until after the declaration of the result of the consequent bye-election.
the provisions of subsection (3) apply.
the provisions of subsection (3) apply.
A list setting out all candidates and their nominators shall be given by or by direction of the Governor-General to each member of Parliament before the election meeting opens.
shall be present at the election meeting.
shall be held, and if at the end of those ballots no candidate has received the votes of a majority of the total membership of Parliament the Governor-General shall cancel the election and commence the election procedure again.
Any dispute arising out of or in connection with the calling or conduct of an election meeting, or the conduct of an election, under this Schedule shall be determined by the Governor-General, whose decision is final.
Nothing in this Schedule affects the power of the Head of State to dissolve Parliament in accordance with section 118(3) (which relates to dissolution when a Prime Minister is not elected within a reasonable period).
This Schedule applies to the following authorities-
Subject to this Constitution and to any Act of Parliament, an authority to which this Schedule applies may make rules for regulating its procedures and the performance of its functions.
All matters before a meeting of an authority to which this Schedule applies shall be decided in accordance with the majority of the votes of the total membership of the authority, and in the event of an equality of votes on a matter the person presiding has a casting vote, as well as an original vote.
Subject to section 3 (voting) of this Schedule, the validity of the proceedings of an authority to which this Schedule applies is not affected by-
The tribunals referred to in section 1(b) and (c) (application of this Schedule) of this Schedule have the same powers as the High Court in respect of the attendance and examination of witnesses abroad, and in respect of the production of documents.
Subject to any rules made under section 2 (rules) of this Schedule, an authority to which this Schedule applies may determine its own procedures.
I, ..................................................., do swear (or solemnly affirm) that I will be faithful and bear true allegiance to the Sovereign of Tuvalu.
(So help me God)
I, ................................................. , do swear (or solemnly affirm) that I will well and truly serve the Sovereign of Tuvalu in the office of Governor-General of Tuvalu (or in the performance of the functions of the Governor-General of Tuvalu under section 52 of the Constitution)
(So help me God)
I, .................................................. , being a member of the Cabinet for Tuvalu do swear (or solemnly affirm) that-
I will not on any account, at any time whatsoever, disclose the counsel, advice, opinion or vote of any member of the Cabinet.
I will not, except with the authority of the Cabinet and to such extent as may be required for the good management of the affairs of Tuvalu, or as otherwise required or permitted by law, directly or indirectly reveal the business or proceedings of the Cabinet or any matter coming to my knowledge in my capacity as a member of the Cabinet.
In all things I will be a true and faithful member of the Cabinet.
(So help me God)
In this schedule-
"existing laws" means any Acts of the Parliament of the United Kingdom, Orders of Her Majesty in Council, Ordinances, rules, regulations, orders or other instruments having effect as part of the law of Tuvalu (whether or not they have been brought into operation) immediately before the appointed day, but does not include the Tuvalu Independence Order 1978 or the independence Constitution;
"the Ordinance" means the Constitution of Tuvalu Ordinance 1986.
Where any matter that falls to be prescribed or otherwise provided for under this Constitution by or under an Act of Parliament is prescribed or otherwise provided for by or under an existing law (including any amendment to any such law made pursuant to section 2 (existing laws) of this Schedule) that prescription or provision shall, as from the appointed day, have effect (with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with this Constitution) as if it had been made by or under an Act of Parliament.
1. The Minister responsible for Finance shall cause to be prepared and laid before Parliament before or not later than 60 days after the commencement of the relevant financial year estimates of the revenues and expenditure of the Government for that year.
2. The heads of expenditure contained in the estimates (other than statutory expenditure) shall be included in a Bill to be known as an Appropriation Bill which shall be introduced into Parliament to provide for the issue from the Consolidated Fund of the sums necessary to supply those heads and the appropriation of those sums for the purposes specified therein.
3. If in respect of the relevant financial year it is found that the sum appropriated by the Appropriation Act for any purpose is insufficient or that a need has arisen for expenditure for a purpose for which no sum has been appropriated by that law, a supplementary estimate showing the sum required shall be included in a Supplementary Bill for appropriation.
4. Where in respect of the relevant financial year the Minister responsible for Finance is satisfied that an urgent and unforeseen need has arisen to authorise for any purpose advances from the Consolidated Fund for expenditure in excess of the sum appropriated for that purpose by an Appropriation Act, or for a purpose for which no sum has been so appropriated, he may, subject to the provisions of any law for the time being in force in that regard, authorise such advances by warrant and shall include such amount in a Supplementary Appropriation Bill for appropriation at the meeting of Parliament next following the date on which the warrant was issued.
5. If at the close of account for the relevant financial year it is found that any moneys have been expended on any head in excess of the sums appropriated for that head by an Appropriation Act or for a purpose for which no money has been appropriated, the excess or the sum expended but not appropriated, as the case maybe, shall be included in a statement of heads in excess which shall be presented to Parliament.
If the Appropriation Act in respect of the relevant financial year has not come into operation at the beginning of that financial year, Parliament by resolution may empower the Minister responsible for Finance to authorise the issue of moneys from the Consolidated Fund for the purpose of meeting expenditure necessary to carry on the state services at a level not exceeding the level of the public services in the previous financial year, until the expiration of 4 months from the beginning of the relevant financial year or the coming into operation of the Appropriation Act, whichever is the earlier.
1. No money shall be issued from the Consolidated Fund except upon the authority of a warrant under the hand of the Minister responsible for Finance.
2. No warrant shall be issued by the Minister responsible for Finance for the purpose of meeting any expenditure unless-
a. the expenditure has been authorised for the relevant financial year by an Appropriation Act; or
b. the expenditure has been authorised in accordance with the provisions of paragraph A(4), B or C; or
c. it is statutory expenditure in which event, it shall not be voted on by Parliament but, without further authority of Parliament, shall be paid out of the Consolidated Fund and a warrant may issue for that purpose.
a. estimates laid before Parliament; or
b. Appropriation Ordinance enacted; or
c. resolution passed by Parliament; or
d. other thing done,
before the appointed day, pursuant to the Independence Constitution and in respect of the relevant financial year, shall have effect after that day as if laid or, as the case may be, enacted, passed or done pursuant to this section in respect of the relevant financial year; and the reference in this section to an "Appropriation Act" shall be deemed to include a reference to any Ordinance so enacted.