Rwanda
Law establishing Road Maintenance Fund (RMF) and determining its Mission, Organisation and Functioning
Law 49 of 2013
- Published in Official Gazette special on 12 July 2013
- Assented to on 28 June 2013
- Commenced on 12 July 2013
- [This is the version of this document from 12 July 2013.]
Chapter One
General provisions
Article One – Purpose of this Law
This Law establishes Road Maintenance Fund, abbreviated as “RMF”. It also determines its mission, organisation and functioning.RMF shall have legal personality, administrative and financial autonomy and be governed in accordance with general provisions governing Public Institutions.Article 2 – Head office of RMF
The head office of RMF shall be located in Kigali City, the Capital of the Republic of Rwanda. It may be transferred elsewhere on the Rwandan territory if deemed necessary.In order to fulfil its mission, RMF may have branches elsewhere in the country if deemed necessary, upon approval by a Prime Minister’s Order.Chapter II
Mission of RMF
Article 3 – Mission of RMF
RMF shall have the following mission:1º1° to receive, effectively manage, disburse funds for the maintenance of national, Districts and Kigali City roads - Class One determined by an Order of the Ministry in charge of roads;2ºto collaborate with other relevant organs in preparation of road maintenance programs which are funded by RMF;3ºto ensure that tender documents for project proposals of road maintenance comply with law before the funding of maintenance works is approved;4ºto make sure works that require payment were effectively conducted as it was planned in the signed contract;5ºto cooperate and collaborate with other regional and international funds having similar mission;6ºto expropriate the public and compensate their damaged works in accordance with relevant legal provisions.Chapter III
Supervising authority of RMF and its category
Article 4 – Supervising authority of RMF and its category
A Prime Minister’s Order shall determine the supervising authority of RMF and its category.There shall be concluded between the supervising authority of RMF and its decision-making organ a performance contract determining competences, rights and obligations of each party in order for RMF to fulfil its mission.Such a contract shall be valid for a period equal to the term of office of members of the decision-making organ of RMF.Chapter IV
Organisation and functioning of RMF
Article 5 – Management organs of RMF
RMF shall be comprised of the following two (2) management organs:1ºthe Board of Directors;2ºthe General Directorate.A Prime Minister’s Order may determine other relevant organs in order for RMF to fulfill its mission.Section One – Board of Directors
Article 6 – Board of Directors of RMF
The Board of Directors of RMF shall be the governing and decision-making organ.Competences, responsibilities and functioning of Board of Directors as well as the responsibilities and the term of office of its members shall be determined by a Prime Minister’s Order.A Presidential Order shall appoint members of the Board of Directors including the Chairperson and the Deputy Chairperson.Members of the Board of Directors shall be selected on the basis of their competence and expertise.At least thirty per cent (30%) of the members of the Board of Directors shall be females.Article 7 – Sitting allowances for members of the Board of Directors
Members of the Board of Directors present in meetings of the Board of Directors shall be entitled to sitting allowances determined by a Presidential Order.Article 8 – Incompatibilities with membership of the Board of Directors
Members of the Board of Directors shall not be allowed to perform any remunerated activity within RMF. They shall also not be allowed, either individually or companies in which they hold shares, to bid for tenders of RMF.Section 2 – General Directorate
Article 9 – Composition of the General Directorate of RMF
Members of the General Directorate of RMF shall be appointed by a Presidential Order.The competence and responsibilities of the members of the General Directorate of RMF as well as the modalities for performance of their duties shall be determined by a Prime Minister’s Order.Article 10 – Statute governing staff of RMF and benefits of members of the General Directorate and staff of RMF
The staff of RMF shall be governed by the General Statute for Rwanda Public Service.Benefits allocated to the members of the General Directorate and to the staff of RMF shall be determined in accordance with legal provisions governing benefits to employees of public institutions.Article 11 – Organization, functioning and responsibilities of organs of RMF
The organization, functioning and responsibilities of organs of RMF shall be determined by a Prime Minister’s Order.Chapter V
Property and finance
Article 12 – Property of RMF and its sources
The property of RMF shall comprise movables and immovables.It shall come from the following sources:1°the State budget allocation;2°State or partners' subsidies;3°proceeds from its property;4°road user charge levied on gas oil and petrol;5°road toll levied on foreign registered vehicles;6°compensation for damages caused to the national road network;7°loans to RMF approved by the Minister in charge of Finance;8°donation and bequests;9°property formerly owned by FER.[article 12 substituted by article 1 of Law 12BIS of 2014]Article 13 – Use, management and audit of the property
The use, management and audit of the property of RMF shall be carried out in accordance with relevant legal provisions.RMF internal audit unit shall submit a report to the Board of Directors with a copy to the head of the General Directorate of RMF.Article 14 – Approval and management of the budget of RMF
The budget of RMF shall be approved and managed in accordance with relevant legal provisions.Article 15 – Annual financial report
Within three (3) months following the end of the financial year, the head of the General Directorate of RMF shall submit the annual financial report to the supervising authority of RMF after approval by the Board of Directors in accordance with laws governing the management of State finance and property.Chapter VI
Miscellaneous and final provisions
Article 16 – Transfer of property of FER
Activities, movable and immovable property, liabilities and denomination of FER are hereby transferred to RMF.Article 17 – FER former staff members
FER staff members meeting the requirements during the recruitment shall be transferred to RMF in accordance with relevant legal provisions.Article 18 – Drafting, consideration and adoption of this Law
This Law was drafted, considered and adopted in Kinyarwanda.Article 19 – Repealing provision
Law n° 14bis/98 of 05/11/1998 concerning the establishing of the National Road Fund and fixing its resources, Law n° 52 bis/2006 of 12/12/2006 determining responsibilities, organization and functioning of the Road Maintenance Fund (FER) as well as all other prior legal provisions contrary to this Law are hereby repealed.Article 20 – Commencement
This Law shall come into force on the date of its publication in the Official Gazette of the Republic of Rwanda.History of this document
12 July 2013 this version
28 June 2013
Assented to