TP60404
Pengurusan Kewangan Dalam Pendidikan
Lecture 2 (16 November 2013)
UNDANG-UNDANG DAN PERATURAN KEWANGAN
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Perlembagaan Malaysia;
Akta Acara Kewangan 1957;
Arahan Perbendaharaan;
Pekeliling dan Surat Pekeliling
Perbendaraan;
• Surat Pekeliling Kontrak; dan
• Surat Pekeliling Akauntan Negara.
KONSEP ASAS PERAKAUNAN
Dasar Perakaunan Kerajaan Persekutuan
adalah berdasarkan dua konsep:
• Konsep Kumpulan Wang Disatukan iaitu segala hasil
yang didapatkan atau diterima oleh persekutuan
hendaklah dibayar masuk ke dalam satu kumpulan wang
yang dinamakan Kumpulan Wang Disatukan KECUALI
kutipan Zakat, Fitrah, Baitul Mal atau Hasil Agama Islam
yang seumpamanya. (Perkara 97 Perlembaan
Persekutuan)
• Konsep bahawa tiada wang kecuali perbelanjaan
tanggungan tertentu boleh dikeluarkan dari Kumpulan
Wang Disatukan melainkan diperuntukan atau
dibenarkan oleh Parlimen. (Perkara 104 Perlembagaan
Persekutuan)
Legal Provision Relating to Public Finance
• Financial Provision of the
Constitution
- Article 96 – 112
- Schedules 9 & 10
- Financial Principles of Government
- Various grants payable by the
Federal to States
- Relationship between Federal &
States
What is The Federal Constitution
• A document containing the supreme
law of the country (Article 4)
• Basis of other laws
• Any law inconsistent with the
constitution will be null and void
• Two-third majority is needed to
amend the constitution
…What is The Federal Constitution
Different with other laws:
• Acts – Laws passed by Parliament
• Enactments – Law passed by state
legislative assemblies
• Ordinance – Law passed before
independence & also laws passed in
Sabah & Sarawak
• Only simple majority is needed to
amend other laws
…What is The Federal Constitution
Features of the Constitution:
• Determines the structure &
responsibilities of govt. institutions
• Determines the distribution of power
among various govt. bodies
• Provides general principles on the
execution of govt. powers
• Provide rules & laws governing a
country
…What is The Federal Constitution
Other Features of the Constitution:
• Provides Malaysia as a federation
• A constitutional monarchy – power
of the Ruler, advisory power of the
Executive
• A Parliamentary democracy –
General Election in every 5 years to
elect members of Parliament
…What is The Federal Constitution
…Other Features of the Constitution:
• Islam is the official religion
• Supremacy of the Constitution
• Separation of powers of Government
• Provides for the independence of
Judiciary – free of control by
Executive & Legislative
• Provides special rights to the Malays
(Article 153)
Relationship between Federal & States
• The Federal Constitution defines the
legislative & executive powers of
Federal & States
• Constitutionally, there are two levels
of government – Federal & States
• In the Federation YDA is the source
of all authority
• In the States, Ruler or YDN is the
head of the State
Legislative Powers
• Article 73 of the Constitution
provides the Federal Legislature,
known as Parliament, with the power
to make laws applicable throughout
Malaysia
• State Legislature, known as the State
Legislative Assembly, is empowered
to make laws of the states
• Legislative powers are powers to
make or amend laws
Legislative Responsibilities
The Ninth Schedule of the Constitution
divides the Legislative
responsibilities into 3 lists:
• The Federal List
• The State List
• The Concurrent List
Powers of Parliament/State Legislature
• Parliament is empowered to make
laws on any matter in the Federal
List & the Concurrent List
• The State Legislature has power to
make laws relating to State List & the
Concurrent List
Matters on Concurrent List
• Federal or State matter is
determined by the applicability of the
matter
• If to be applicable to the whole
country, then Federal matter
• Otherwise, it is state matter
Provision of Article 75
• If any State Law is inconsistent with the
Federal Law, the Federal Law shall prevail
and the State Law will be void
• Examples of matters in Federal List:Foreign relation, defense, internal
security, finance, administration of
justice, citizenship & education
• State Matters include:- Islamic matters,
customs, land, agriculture, forestry &
local govt.
Overlapping Authority
• Article 76 provides that Parliament may
legislate State matters for these reasons:
- To implement any treaty, agreement,
convention or any decision with
international organization.
- To promote unity of the Laws
- If requested by State Legislative
Assembly
• During any emergency, Parliament has
power to make any law on State matters.
Distribution of Executive Powers
• Executive powers are powers of the
government to formulate policies
• The executive powers of the Federal
is wider than the States
• The executive authority extends to
matters in the concurrent list as
empowered by the relevant laws
Financial Relationship
• The financial provisions in Article 96-112 of
the Constitution provides for the financial
relationship between the Federal and the
States
• General framework for control of public
expenditure by the legislators
• Contain broad requirements of a good
financial management system in govt.
• Govern methods by which public funds are
to be administered and accounted for
Revenue Distribution
• The power to rise and control the
expenditure of public money in the
Federation is in the hand of the Federal
Govt.
• States receive revenues from lands,
mines, and forest
• Other State revenues are listed in Part 3
of 10th Schedule of the Constitution
…Revenue Distribution
• The States revenues are not
sufficient to meet the annual budget
• So annual grants are given by the
Federal to Sates in accordance with
certain criteria
• For more detail refer Article 109 of
the Constitution
• power to rise and control the
expenditure of public money in the
Federation is in the hand of the
Federal Govt.
FINANCIAL PROCEDURE ACT 1957
• Guidance for control & mgt of
public finance for whole nation
• Financial acc procedure
• Collection, custody & payment
of public monies
…FINANCIAL PROCEDURE ACT 1957
• Procedure for purchase, custody &
disposal of public properties
• Provides authority for investment of
money standing in the consolidated
funds
• Defines the three accounts of the
consolidated funds
• To enforce provisions of the Federal
Constitution relating to finance
FINANCIAL PROCEDURE ACT 1957
• Section 3: Accounting officer –
- includes every public officer who is
charged with the duty of collecting,
receiving or accounting for, or who
in fact collect, receives or account
for, any public moneys, or who is
charged with the duty of disbursing
…FINANCIAL PROCEDURE ACT 1957
• Section 3: Accounting officer – or
who does in fact disburse, any
public money, and every public
officer who is charged with the
receipt, custody or disposal of, the
accounting for, public stores or who
in fact receives, holds or disposes or
public stores
…FINANCIAL PROCEDURE ACT 1957
Defines:
• Consolidated funds
• Banks
• Receipt
• Public moneys
• Financial authority
- refers to the Treasury for Federal
- Principal officer in charge of financial
affairs of a state
…FINANCIAL PROCEDURE ACT 1957
• Federal & State keep separate
Consolidated Funds and are
managed differently.
• Federal Consolidated Funds are
managed by the Federal Minister of
Finance
• State Consolidated Funds are
managed by the State authority
…FINANCIAL PROCEDURE ACT 1957
Consolidated Funds Account (Section 7)
- Consolidated Revenue Account – all
money except loan & trusts
- Consolidated Loan Account – all moneys
received by way of loan
- Consolidated Trusts Account – all moneys
received subject to a trust & to be applied
in accordance with the terms of the trust
…FINANCIAL PROCEDURE ACT 1957
• Consolidated Funds Account (Section 8)
– Custody & Investment of money:
- Money in Consolidated Funds should be
kept in banks
- Those moneys are deemed public moneys
- Those moneys can be invested as deposit in
banks
- Or in any investment authorized by Trustee
Ordinance or Trustee Investment Act for trust
funds
…FINANCIAL PROCEDURE ACT 1957
• Consolidated Funds Account (Section 8)
– Custody & Investment of money:
- For States, they can invest in securities
of the Federal govt.
- Interests received from those
investments are accounted in the
Consolidated Revenue Account
- Except interest on investment in trust
funds shall go back to that trust
accounts
…FINANCIAL PROCEDURE ACT 1957
• Consolidated Funds Account (Section 9) – Trust
Account:
- Trust Accounts are open for proper accounting of
money in the Consolidated Trust Account
- Money to be credited to the respective trusts
accounts:
- all moneys appropriated for any trust account
- all moneys received from sale of items
purchased using trust money
- all moneys paid by any person for the purpose of
trust
- repayment of loan made from trust
- A trust account may be closed after all its terms
& purpose have been met
…FINANCIAL PROCEDURE ACT 1957
• Government Trust Funds (Section 10) –
- Money in the Consolidated Funds may be
appropriated for the purpose of trust into
each of the fund specified in Second
Schedule of the Act for Federal; or the Third
Schedule for the States
• The list in Schedule 2 & 3 may be amended,
deleted or added by the Federal Legislature
of the State Legislative Assembly
…FINANCIAL PROCEDURE ACT 1957
• Contingencies Funds (Section 11) –
- Created by Article 103 of Federal
Constitution
- Moneys in this fund shall be applied by the
Minister to meet urgent & unforseen need of
expenditure for which no other provision
exists
- Amount used must be replaced by supply
bill
…FINANCIAL PROCEDURE ACT 1957
• State Reserve Funds (Section 12) –
- Created by Article 109(6) of Federal
Constitution
- Shall be applied as approved by the
Minister after consultation with the National
Finance Council
- Mainly for making grant to states for
purpose of development, or
- To supplement State’s revenue or to cover
deficit in State’s account
…FINANCIAL PROCEDURE ACT 1957
• Payment of Moneys (Section 13) –
- No money shall be withdrawn for the Consolidated
Funds except in the manner as provided by this
section;
- By warrant approved by Minister to meet for
Charged Expenditure;
- By warrant to meet expenditure appropriated by a
Supply Act, or as authorized by Article 102 of the
Federal Constitution
…FINANCIAL PROCEDURE ACT 1957
• …Payment of Moneys (Section 13)
–
- Money in Trust Accounts only for the
purpose of trusts
- Minister has power to limit or suspend any
expenditure authorized;
- Warrant issued for any year shall lapse at
the close of one calendar month following
the financial year
…FINANCIAL PROCEDURE ACT 1957
• Guarantees (Section 14)
- No financial guarantee shall be
binding on the government unless
it is entered into with written
authority of Treasury/Federal Govt.
& in accordance with Federal/State
Law
…FINANCIAL PROCEDURE ACT 1957
• Refunds etc. charged on
Consolidated Funds (Section 14A)
– Payment of any refund, rebate or
drawback from the Consolidated
funds shall be charged on the
Consolidated Funds
…FINANCIAL PROCEDURE ACT 1957
• Estimates & Virement (Section 15) –
- The estimates are required to show clearly
divisions and sub-divisions of every purpose
of expenditure
- The estimate should show as near as
possible the amount expected to be received
or spent during the year
- The estimate of expenditure in respect of
any financial year shall show purposes &
subdivision of such expenditure
…FINANCIAL PROCEDURE ACT 1957
• …Estimates & Virement (Section 15) –
- The estimates of personal emolument
should show approved number of public
offices for each purpose of expenditure
- No addition to public offices (position) or
alteration of rate of personal emolument
under any purpose of expenditure may be
made without prior approval of Treasury/CM.
…FINANCIAL PROCEDURE ACT 1957
• …Estimates & Virement (Section 15) –
- Virement or transfer of allocation between
subheads within the same head is allowable
but with prior approval from Treasury/State
Fin. Authority
- Supplementary budget should be prepared
after all possible virements have been made
- Restriction – no virement from personal
emoluments
…FINANCIAL PROCEDURE ACT 1957
• Controlling officers (Section 15A) –
- MOF or CM may appoint a Controlling
Officer (CO) in respect of each purpose of
expenditure
- A CO is the chief accounting officer for
each purpose of expenditure
- He is to control the authorized estimates for
that particular purpose
…FINANCIAL PROCEDURE ACT 1957
• …Controlling officers (Section 15A) –
• Also for all public moneys collected.,
received, held or disbursed and all public
store received, held and dispose
• He should secure proper exercise or
performance of his duty
• He is also required to report to the
appropriate Service Commission and finance
authority every event of possible surcharge
arises or occurs under his control
…FINANCIAL PROCEDURE ACT 1957
• Section 16 – Yearly statement of
account
• Section 17 – Write off
• Section 18 – Surcharge
ISU-ISU PENGURUSAN SEKOLAH
• KUASA SEKOLAH UNTUK MENGENAKAN CAJ KEPADA
PELAJAR DAN LAIN-LAIN PIHAK – DALAM DAN LUAR
SEPERTI KOPERASI, PIBG DAN ORANG AWAM.
• BENTUK DANA YANG PERLU DIWUJUKAN OLEH
SEKOLAH.
• SUMBER KEWANGAN SEKOLAH – PERUNTUKAN PUSAT,
NEGERI DAN PENJANAAN SUMBER KEWANGAN USAHA
SENDIRI – APA YANG BOLEH AND APA YANG TIDAK
BOLEH.
• PENEDIAAN PENYATA KEWANGAN SEKOLAH.
• PERANAN GURU BESAR / PENGETUA.
• ISU-ISU AUDIT – APA DAN SIAPA YANG BERTANGGUNG
JAWAB.
• BAJET DAN PERMOHONAN PEUNTUKAN TAHUNAN
UNTUK SEKOLAH.