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Attorney General Charles Ramson, by way of a summons filed in the High Court by Attorneys-at-Law Miles Fitzpatrick and Christopher Ram on behalf of Political Activist Desmond Trotman, will have to defend the legality of proceeds of the Lotto Funds being controlled by Office of the President and not turned over to the Consolidated Fund.According to the writ,Wholesale Jerseys From China, Ramson is expected to appear in the determination of, “Whether Article 216 of the Constitution and sections 21 and 38 of the Fiscal Management and Accountability Act 2003 require all monies paid to the Government of Guyana by the Guyana Lottery Company Limited under an agreement made between the said Government and Canadian Bank Note Limited and/or the Guyana Lottery Company Limited for the conduct of a lottery in Guyana to be paid into the Consolidated Fund.”It is also expected to be determined whether a declaration that the failure of the Government to pay into the Consolidated Fund all the monies received from the Guyana Lottery Company Limited (GLC) under the said agreement is unconstitutional and illegal.The Court hearing is also aimed at seeking to determine whether a declaration that the expenditure by the Government of Guyana, of moneys received from the Guyana Lottery Company Limited without the authority of Parliament is unconstitutional and illegal.In the affidavit of support of the summons,Wholesale Jerseys Free Shipping, Trotman drew reference to the Auditor General report of 1999 which states,cheap jerseys from china, “During the period under review, funds were used from sources other than the Consolidated Fund to finance public expenditures. Such funds were obtained mainly from the Government Lottery Fund Account No. 3119 and the Agriculture of Rehabilitation Project Account No.1663 (ARSA).“It should be emphasised that proceeds from these accounts are public revenues which are required to be paid over to the Consolidated Fund and any related expenditures is (sic) met from appropriations by Parliament. The use of such funds to meet public expenditure is therefore a breach of not only the FAA Act but also Parliamentary approval to incur expenditure.”He also drew reference to the 2003 report where the Auditor General stated that in prior reports, the Audit Office highlighted the Ministry’s failure to pay over the Government’s share of 24 per cent of the proceeds of the Guyana Lotteries to the Consolidated Fund, “Instead, such proceeds were paid into a special bank account No. 3119 and were used to meet public expenditure without Parliamentary approval.”The Auditor General is also referred to in the supporting affidavit stating that the matter was discussed with the Head of State who had agreed that at the end of each year transfers would be made to the Consolidated Fund to the extent of funds utilised from the Lotteries Account and a corresponding supplementary estimate would then be passed in the National Assembly to ensure Parliamentary approval of the expenditure and its recording in the Public Accounts.“However, up to the time of reporting, no action was taken in this regard…As a result, the appropriation and revenue accounts of the Ministry continued to be understated by the amounts received from the Lotteries Company and the expenditures incurred respectively.”The Ministry, according to the supporting affidavit, pointed out the repeated answers by the Finance Ministry that to effect any such change would require a policy decision.It is also pointed out that between 1996 and 2007,Cheap Jerseys, amounts totaling $3.2B were received from Guyana Lotteries Company but the balance on the account as at 31 December, 2007 was $52.120M. This, the document said, meant therefore that payments totaling $3.1B were made during the period 1996 and 2007 to meet expenditure.In the supporting affidavit, Trotman points out that he is advised by his lawyers that monies paid to the Government by the Lottery Company are public revenues,Cheap Jerseys China, and disbursement of any part of it without Parliamentary approval is unconstitutional and illegal.Trotman contends,Jerseys From China, also, that all such monies received should be paid into the Consolidated Fund as required by Article 216 of the Constitution and Sections 21 and 33 of the Fiscal Management and Accountability Act 2003.
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