• Eject the person concerned from the land and building;
• Request a law of enforcement officer to remove that person from the land or building;
• Order that person to pay rent that the person should have paid for use of the land or building; and
• Refer the case to the Attorney-General for advice.

(2 marks for each point made = 6marks)

Subject to the Constitution, Parliament shall provide oversight in respect of

• matters relating to budget and finance;
• government expenditure;
• performance reporting;
• post-legislative scrutiny; and
• impact of financial policy measures on the economy.

Responsibilities of section Controller and Accountant General. 8(4) of Act 921
The Controller and Accountant-General shall;

• compile and manage the accounts prepared in relation to public funds;
• issue general instructions to a Principal Spending Officer in accordance with this Act and the Regulations;
• keep, render and publish statements on public accounts under this Act;
• develop efficient accounting systems for a covered entity;
• approve accounting instructions of a covered entity;
• receive, disburse and provide secure custody for public funds;
• on the instructions of the Minister, open an account with the Bank of Ghana and its agents necessary for the deposit of public funds subject to compliance with the Treasury
• Single Account system established under section 46;
• authorize the opening of an account for a covered entity;
• in consultation with the Auditor-General, specify for a covered entity, the accounting standards, policies and the classification system to be applied in public accounting to ensure that a proper system of accounting operates;
• provide accounting officers to covered entities; and be responsible for the classification and management of value books

(Any 5 points @ 1 mark each = 5 marks)

The PFM Act 2016 defines covered entity to mean

• Executive, Legislature and Judiciary;
• Constitutional bodies;
• Ministries, Departments Agencies and local government authorities;
• The public service; autonomous agencies; and
• Statutory bodies.

Treasury Single Account (TSA) is a set of linked bank accounts through which the government recognizes all its receipts and payments and obtains consolidated view of its cash resources at the end of each day. TSA is a unified structure of government bank accounts which enables the consolidation and optimum utilization of government resources.

TSA strategy is geared towards the rationalization of government bank accounts with commercial banks and both implementation of bank accounts tracking system (B-Tracking) which is to give Controller and Accountant General Department and all Ministries Departments and Agencies (MDAs)/ Metropolitan, Municipal and District Assemblies the opportunity of having real- time visibility of all government bank accounts with the commercial banks and the investment of government cash balances with both the BOG and the Commercial Banks. It is established under PFM Act 2016, (Act 921).

• Treasury Single Account enhances the effectiveness of PFM systems. It makes it possible to monitor all payment mechanisms precisely and improves the quality of fiscal data.
• It ensures effective aggregate control over government cash balances.
• It is meant to provide consolidated view of Government cash resources.
• The full implementation of TSA is expected to contribute to the improvement in Treasury.
• Operations and consequently facilitate better service delivery.
  

Essential provisions of the Public Financial Management Act which aim at ensuring that resources are properly safeguarded are:

• The Act defines clearly the powers and responsibilities of financial stewards (individual office holders) and their precise roles. It defines the central players in the financial administration of the country, the assignment of responsibilities, their functions and roles. This includes responsibilities and powers of Minister of finance, responsibilities of Chief Director, duties of a Principal Spending Officer, duties and functions of Controller and Deputy General and Accountant-General, and parliament and it oversight responsibility.
• It addresses micro and Fiscal Policy Principles and Strategies.
• Budget preparation approval and it management.
• It establishes Contingency Fund, it payments and advances.
• It establishes Sinking Fund and Debt Servicing.
• It also establishes new strategies of cash and asset management. The Act establish Treasury Single Account, Consolidated Fund and issues involved in Investment of balance on the Consolidated Fund.
• It has establish new ways of Public Debt Management by establishing an office at the Ministry of Finance to deal with Public Debt Management, the Act has shown the purposes under which borrowing can be made.
• It has set dates under which Public Accounts are supposed to be submitted and audited.
• Last but not the least, the Act has also establish Audit Committees to replace Audit Reports Implementation Committees.
• Lastly, miscellaneous provisions such as Offence and Penalties, Surcharges and Penalty for Contravention of the Act.

The PFM Act 2016 defines covered entity to mean:

• Executive, Legislature and Judiciary;
• Constitutional bodies;
• Ministries, Departments Agencies and local government authorities;
• the public service; autonomous agencies; and
• Statutory bodies.

The PFM Act consistent with the 1992 Constitution defines public funds as Consolidated Fund, the Contingency Fund and any other fund established by or under an Act of Parliament.

• Periodic contributions of specified amounts determined by the Minister as part of the annual budget;
• Repayment inflows of money on-lent by the Ministry to covered entities, state- owned enterprises and public corporations;
• Moneys that accrue to the Fund from investment of moneys of the Fund;
• Moneys borrowed or raised from capital markets for the purpose of redemption of existing debts;
• Moneys approved by Parliament for debt repayment under subsection (4) of section 23 of the Petroleum Revenue Management Act 2011 (Act 815); and
• any other moneys that the Minister, with the approval of Parliament determines to be paid into the Fund.

• To eliminate idle cash balances: Every Cedi held as cash rather than used to augment revenues or decrease expenditures represents a lost opportunity. Funds that are not needed to cover expected transactions can be used to buy back outstanding debt (and cease a flow of funds out of the Treasury for interest payments) or can be invested to generate a flow of funds into the Treasury’s account. Minimizing idle cash balances requires accurate information about expected receipts and likely disbursements.
• To deposit collections timely: Having funds in-hand is better than having accounts receivable. The cash is easier to convert immediately into value or goods. A receivable, an item to be converted in the future, often is subject to a transaction delay or a depreciation of value. Once funds are due to the Government, they should be converted to cash-in-hand immediately and deposited in the Treasury’s account as soon as possible.
• To ensure time disbursements: Some payments must be made on a specified or legal date, such as Social Security payments. For such payments, there is no cash management decision. For other payments, such as vendor payments, discretion in timing is possible. Government vendors face the same cash management needs as the Government. They want to accelerate collections. One way vendors can do this is to offer discount terms for timely payment for goods sold.
• To promote efficient and effective management of cash resources in order to demonstrate accountability for cash resources. Cash management seeks to ensure that cash of government are used wisely to achieve the intended purposes and at the same time showing accountability of cash use.
• To enhance financing decisions relating to when to borrow: Effective cash management will help to forecast cash deficiencies and crises so as to take proactive steps in address the problem ahead of danger.

The Controller and Accountant General has the authority to reject a requisition:
i) If a payment voucher is not properly authorised by the head of the department or a person appointed by him, for example his deputy or authorised spending officer;

ii) If a payment voucher is not accompanied by all relevant documents and certification as approved by the Controller and Accountant-General;

iii) If a payment voucher is not a lawful charge on an appropriation (vote) which has been authorised in the approved estimates;

iv) If payment of the payment voucher would result in expenditure in excess of the appropriation;

v) If payment of the payment voucher would reduce the balance available in the vote that it would not be sufficient to meet commitments charged against it.

i) Responsibility Accounting
The constitution defines clearly the powers and responsibilities of financial stewards (individual office holders) and their precise roles and functions, for example, the appointment of the Auditor General, his roles and responsibilities.
ii) Approval and Authorization Policies
It defines clearly approval and authorization policies, for example, loans shall be approved by parliament
iii) Revenue Policies
In order to institute sound code of instructions to regulate the revenue function, the constitution has outlined revenue policies, for example, all revenues, receipts and trust monies shall be paid into the Consolidated Fund
iv) Establishment of Public Funds
The constitution establishes public funds for the efficient management of government business.
v) Financial Management and Accounting Practices
Public sector financial management practices established by the constitution include the following:
*Public debts shall be charged to the Consolidated Fund;
*Bank of Ghana is the central bank and shall issue currency and shall be in charge of monetary policy; and
*There shall be established public corporations.
vi) Imposition of Taxes
The right to impose taxes in Ghana is vested in parliament.

i) Establish the Consolidated Fund, the central mechanism for the control of public finances, outlining the principle by which funds are collected into the consolidated fund, kept and disbursed;

ii) Establish the modalities for the collection of revenue;

iii) Establish budgetary control over public finances related to revenue and expenditure and to receipts and payments. For example, it outlines government borrowing and lending, transactions in trust moneys and any other transactions occurring within the Consolidated Fund.

iv) Describe the conditions under which appropriations are made. Government expenditure is subject to annual legislative appropriation;

v) Establish the mechanism by which the Controller and Accountant General ensures that payments from appropriations are lawfully made. No payment must be made except in a manner provided by law. Specific enactments may give continuing authority for payments such as charged expenditure;

vi) Establish principles under which Government Accounts are managed and kept, the preparation of government accounts and the reporting of final accounts of government;

vii) Describe the management and accountability of Government stores;

viii) Outlines the establishment and operations of revolving funds.