β¨ Guarantee Act Regulations
748
THE NEW ZEALAND GAZETTE.
such notice, and a copy of all such corrections shall
be forwarded to the office of the Colonial Secretary,
as soon as practicable after the close of each quarter
of the year.
-
So soon as the name of any officer is placed on
the roll, notice to that effect shall be transmitted to
him, specifying the amount for which he is assured;
but the non-receipt of such notice shall not relieve
the officer of his liability as an Assurer. -
The persons whose names shall appear on the
roll (constructed, corrected, or revised as herein-
before provided) on the date of the notice of defalcation
prescribed in clause 15 of these Regulations,
shall be the persons liable to pay any sum required by
the Board to make good any defalcation. -
The amount to be paid by each officer shall
bear the same proportion to the amount required to
make good any defalcation, as the sum for which he
is assured shall bear to the total sum assured. -
Whenever any defalcation shall have taken
place, notice thereof shall be sent to the Board; and
when the amount of such defalcation shall have been
determined, a notice of such amount, certified to by
the Auditor-General, shall be sent by the Permanent
Head of the Department in which the default shall
have occurred, to the Chairman of the Board, and
such notice shall state whether any and what amount
of salary or other moneys payable to the defaulter
is in the hands of the Government: Provided always
that the amount to be made good shall in no case
exceed the sum for which the defaulter is assured;
and also, that the liability of the Assurers shall only
extend to losses occasioned by the act or acts of the
defaulter himself. -
On receipt of any such notice of defalcation,
the Chairman shall forthwith call a meeting of the
Board, and the Board shall thereupon proceed to
assess upon the total sum assured the rate per cent.
required to cover the sum in default. A notice,
signed by the Chairman of the Board, shall then be
published in the New Zealand Gazette, specifying the
name of the officer who has made default, the Depart-
ment in which he was serving, the amount of the
defalcation, and the rate per cent. on the sum
assured required to be levied; and such notice shall
be binding on each and every person assured to the
extent of the particulars contained therein; and
such notice shall be sufficient to authorize the
deduction of the sum payable by each officer from
any salary or other moneys to which he may then or
at any time thereafter be entitled: Provided that the
sum so to be deducted shall not in any one month
exceed 10 per cent. on the amount of salary payable
for that month; and any sum remaining unpaid in
one month shall be deducted from the salary payable
for the succeeding month or months. -
Immediately after publication of the Gazette
notice aforesaid, the Chairman shall forward to the
Paymaster-General a schedule showing the amounts
recoverable from all officers. The Paymaster-General
shall thereupon recover out of any moneys payable to
the officers specified, the amount for which each is
liable, and shall pay the amount to an account at
the Bank, to be called "The Government Officers
Guarantee Account," from which account money
shall be withdrawn from time to time by cheques
signed by the Chairman and countersigned by one
other member of the Board. -
Whenever any defalcation shall have taken
place and a notice of call shall have been published
in the Gazette as aforesaid, the Colonial Treasurer
shall, on the application of the Chairman, pay to
"The Government Officers Guarantee Account" at
the Bank a sum equal to one-fortieth part of the
total amount of such call, and shall charge the same
on the Consolidated Fund. -
All moneys payable by the Government to any
defaulter, by way of salary or otherwise, shall be paid
to the Chairman of the Board, and shall be applied in
reduction of the amount for which the Board is liable
in respect of such defaulter. -
So soon as the total assessment has been collected,
together with the contribution from the Con-
solidated Fund, the Chairman of the Board shall pay
to the Public Account the amount for which the
defaulter was assured, or so much thereof as may be
required to make good the defalcation, and shall
advise the Colonial Secretary that such payment has
been made, and shall forward a copy of such letter of
advice to the Receiver-General, with a Bank receipt
for the sum paid in. -
All moneys received by the Government from
any defaulter shall be paid to the Chairman, and by
him be placed to the credit of "The Government
Officers Guarantee Account;" but if recovered before
any calls have been made in respect of the defalcation,
the claim of the Government on the assurer
shall be reduced by the amount of the moneys so
recovered, and such moneys shall not be paid to the
Chairman; but if recovered after the call shall have
been made, then the moneys so recovered shall be
divided by the Board amongst the assurers in pro-
portion to the amount of the calls paid by them:
Provided that if the sum so recovered be under fifty
pounds, then the same shall be paid to and remain at
the credit of "The Government Officers Guarantee
Account," and shall be applied in reduction of the
amount to be made good in respect of the next sub-
sequent defalcation. -
In case there shall be any balance remaining
after making good the amount of defalcation as
aforesaid, such balance shall remain at credit of
"The Government Officers Guarantee Account," and
shall be applied in reduction of the amount to be
made good in respect of the next subsequent defalcation. -
The Board shall keep proper accounts of all
sums received and paid by it; and an abstract of
such accounts, signed by the Chairman, and sup-
ported by appropriate vouchers, shall be transmitted
during the month of January in each year for ex-
amination by the Auditor-General, who shall forward
the same to the Colonial Secretary, with such re-
marks as he may think necessary. -
The Board shall be empowered to receive and
consider reports and communications on matters
which concern the integrity of any officer, and shall
act therein as may seem expedient. -
These Regulations shall apply to every person
who shall be concerned in the receipt, custody, con-
trol, issue, or expenditure of the public moneys or
stores, but, except as herein provided, they shall not
apply to the following officers and departments, that
is to say,-
- The Governor's Establishment.
- The Clerks in the Audit Department.
- The Attorney-General, and Assistant Law Officer.
- Judges' Associates.
- The Officers of the Geological and Meteorological Depart-
ment. - The Government Reporter and his Staff.
- Officers of Militia and Volunteers.
- The Printing Department, excepting those hereinafter
specified. - The Overseer of Domains, Gardeners, and Labourers.
- Draftsmen in the Crown Lands Department.
- Surveyors and Draftsmen in the Inspector of Surveys'
Department. - Engineers, Surveyors, and Draftsmen in the Public Works
Department. - Lighthouse Keepers.
- Medical Officers, Teachers, and Assessors, Native Depart-
ment. - All Officers serving outside of the limits of the Colony of
New Zealand.
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β¨ LLM interpretation of page content
π°
Amended Regulations under Government Officers Guarantee Act 1870
(continued from previous page)
π° Finance & Revenue10 November 1874
Government Officers Guarantee Act, Regulations, Mutual Assurance, Civil Service, Salary Scale, Board of Officers, Defalcation, Guarantee Account
NZ Gazette 1874, No 59