Enguli (Manufacture and Licensing) Act

Section Interpretation Section In this Act, unless the context otherwise requires— " area licensing board " means a board appointed under section 4 ; " authorised officer " means any administrative officer, any police officer, any chief or any other person designated by the Minister to be an authorised officer for the purposes of this Act; " Central Licensing Board " means the board established by section 3 ; " collecting centre " means a place established by the Minister under section 6 (3)(a) for the purchase of enguli by the exclusive licensee from the holders of enguli licences; " distil " includes "redistil"; " enguli " means any spirits manufactured in Uganda but does not include refined spirits or any other spirits produced locally by the exclusive licensee; " exclusive buying licence " means a valid licence granted under section 6 , and "exclusive licensee" shall be construed accordingly; " jaggery manufacturing licence " means a licence granted under section 13 ; " refined spirits " means potable spirits, blended from a specially prepared alcoholic concentrate and pure neutral spirit produced from enguli ; the resultant blend, after a suitable period of maturing, being red...

Section Revocation of enguli licences Section An area licensing board may revoke any enguli licence issued by it under this Act if the licence holder— Where an enguli licence has been revoked under this section, the area licensing board shall by notice in writing require the licence holder, within fifteen days from the date of the notice— subject to the other provisions of this Act, fails to supply to the exclusive licensee the quantity of enguli specified in his or her licence; or is convicted of an offence involving moral turpitude under any written law other than this Act and for which a sentence of imprisonment has been passed for any term without the option of fine. to surrender to the board the licence; to sell to the exclusive licensee all the enguli in the licence holder’s possession at the date of the revocation of the licence; and to destroy the apparatus used for the manufacture of enguli which is in the licence holder’s possession or under his or her control, Any person whose licence has been revoked by the board under this section may, within fifteen days from the date of the notice served upon him or her under subsection (2), appeal to the Minister against the revocat...

Section Duplicate licences Section Where it is satisfied that an enguli licence has been lost or destroyed, the area licensing board shall, on payment of such fee as may be prescribed by the Minister by rules made under this Act, issue a duplicate of the licence to the licensee.

Section Special provisions for cooperative societies Section Notwithstanding any other provisions of this Act, where any enguli licence holder is a member of a society registered under the Cooperative Societies Act, that society may by arrangement with the licence holder undertake on behalf of the licence holder to deliver and sell the licence holder’s enguli to the exclusive licensee and to receive payment for it. Any payment made by the exclusive licensee to a cooperative society under subsection (1) shall be a sufficient discharge for the money due and payable to the licence holder by the exclusive licensee.

Section Prohibition of manufacture, sale, etc. of enguli without licence Section No person shall— manufacture, sell or otherwise deal in enguli ; have in his or her possession any enguli ; or have in his or her possession or under his or her management or control any apparatus used or intended to be used for the manufacture of enguli , No person shall consume enguli . No person shall export enguli .

Section Establishment of Central Licencing Board Section There is established a Central Licensing Board which shall comprise a chairperson and six other members all of whom shall be appointed by the Minister. The chairperson and members of the board shall hold office for two years from the date of their appointment but shall be eligible for reappointment. The Minister may at any time in his or her discretion revoke any appointment and may appoint another person to fill the resulting vacancy for the remaining period during which the revoked appointment would have subsisted. The chairperson and any other member of the board may resign from the board by notice in writing addressed to the Minister, and as from the date specified in that notice or, if no date is specified, from the date of the receipt of the notice, that person shall cease to be a member of the board, and the Minister may appoint another person to fill the resulting vacancy.

Section Objects and functions of Central Licensing Board Section It shall be the duty of the Central Licensing Board — to comply with any direction of a general or specific nature which, subject to this Act, the Minister may give to it; subject to any directions of the Minister, to determine the total number of enguli licences that may be issued in Uganda in any one year and limit the number of such licences that may be issued in any district by the area licensing board appointed under the provisions of this section; to limit the quantity of enguli which may be licensed for manufacture in any one year in each district, the total of the quantities so limited being equal to the quantity which shall be determined by the Minister after consultation with the exclusive licensee to be the total quantity of enguli that may be manufactured in Uganda in the same year; to appoint, with the approval of the Minister, for each district, an area licensing board for the purposes of and in accordance with this Act.

Section Area licensing boards Section An area licensing board shall consist of four persons, one of whom shall be the district commissioner of the area. The Schedule to this Act shall have effect in relation to every area licensing board . The Minister may from time to time by statutory order amend the Schedule to this Act.

Section Exclusive buying licence Section An exclusive buying licence shall be subject to the following conditions— The Minister may by statutory order grant an exclusive buying licence to any person who has obtained a licence to manufacture excisable goods issued to the person under the provisions of the East African Excise Management Act. An exclusive buying licence shall remain in force only for so long as the exclusive licensee is in possession of a valid licence issued to him or her under the provisions of the East African Excise Management Act. the exclusive licensee shall buy all the enguli offered to it for sale by the holders of enguli licences issued under this Act at such collecting centres as may from time to time be established by the Minister by statutory order; except that the exclusive licensee shall not be required under this paragraph to buy any enguli which is of a strength less than such percentage of alcohol as may from time to time be declared by the Minister by statutory order; the exclusive licensee shall buy enguli offered to it for sale under the provisions of this section at such price per gallon or part of a gallon, and on payment for it on such terms, as...

Section Enguli licences Section An enguli licence shall specify— In addition to complying with any of the matters specified in the licence under subsection (2), every holder of an enguli licence shall also comply with the following conditions, that is to say, he or she shall— Subject to this Act, an area licensing board may, on application made to it and on payment of the fee, on such form and at such rate as may be prescribed by the Minister by rules made under this Act, grant to any person an enguli licence. the premises in respect of which it is in force; the maximum quantity of enguli per month which the holder of the licence is permitted to manufacture for sale to the exclusive licensee; the period of the validity of the licence; the collecting centre at which the holder of the licence shall offer his or her enguli for sale to the exclusive licensee; any other matter which the area licensing board may for the proper carrying out of its functions under this Act specify. not buy or obtain in any way enguli from any other person; not sell or dispose in any way any enguli to any person other than the exclusive licensee or any agent of the exclusive licensee authorised for that pur...

Section Refusal of and disqualifications for enguli licences Section An area licensing board shall not grant an enguli licence to any person who— An area licensing board may refuse to grant an enguli licence without assigning any reason for the refusal. has not attained the apparent age of eighteen years; has been convicted of an offence under section 2 or 7 (3)(a) or (b) within the period of two years immediately preceding the date of his or her application for the licence; has been adjudged a bankrupt and has not, at the date of his or her application, been discharged, or has entered into a form of composition with his or her creditors; or holds a valid jaggery manufacturing licence issued to him or her under the provisions of Part III of this Act. Any applicant aggrieved by a decision of the area licensing board may appeal to the Minister whose decision shall be final.

Section Form and duration of enguli licences Section An enguli licence— An enguli licence shall be in such form as may be prescribed by the Minister by rules made under this Act. may be issued quarterly or six-monthly or yearly in any one year; shall come into force on the first day of the quarter or on the first day of the six-monthly period or on the first day of the year, as the case may be; and unless earlier revoked under this Act, shall expire on the last day of the quarter or on the last day of the six-monthly period or on the 31st December of the year, as the case may be.

Section Manufacture of jaggery Section A jaggery manufacturing licence shall specify— No person shall manufacture jaggery without a licence being granted for that purpose by the Minister. On application made to the Minister and on payment of the fee, on such form and at such rate as may be prescribed by the Minister by rules made under this Act, the Minister may grant to any person a licence to manufacture jaggery. the premises in respect of which it is in force; the maximum quantity of jaggery which the holder of the licence is permitted to manufacture during the validity of the licence; any other matter which the Minister may, for better carrying out the provisions of this Act, specify. A jaggery manufacturing licence shall be in such form as may be prescribed by the Minister by rules made under this Act, and may be issued for a year or for one or more quarters in any year. A holder of a jaggery manufacturing licence shall submit to the Minister, or to such other person as the Minister may designate for that purpose, such returns of the production and sale of jaggery and at the intervals as the Minister may by statutory order specify. The Minister may revoke any jaggery manufactu...

Section Powers of authorised officers Section An authorised officer may at all reasonable times— enter and inspect any premises, place, or vehicle in which he or she has reasonable cause to believe there is any enguli , or any apparatus used or intended to be used for the manufacture of enguli , or means pertaining to the manufacture or sale of any enguli ; inspect any records which a holder of an enguli licence is required to keep under this Act; take such samples of enguli as he or she may deem necessary for the purposes of examination or analysis and call upon the owner or occupier of the premises, place or vehicle in which the enguli is found to provide him or her with all reasonable assistance as he or she may need for so doing; require the owner or occupier of the premises to produce to him or her for inspection the enguli licence issued in respect of the premises under this Act. A police officer may arrest without warrant any person suspected of committing an offence under this Act. Any person who obstructs or impedes any authorised officer in the execution of his or her duty under this section commits an offence and is liable on conviction to a fine not exceeding five hundr...

Section Protection from personal liability Section No act, matter or thing done by an authorised officer or by a supervisor or by any member of any licensing board, or any officer, agent or servant of the board bona fide for the purpose of executing any of the provisions of this Act shall render him or her personally liable to any action, liability, claim or demand.

Section Offences and penalties Section Where a person is convicted of an offence against section 2 or 7 (3)(a) or (b), the court convicting such offender— may where the offender is the holder of an enguli licence, in addition to the penalty provided by this section— Any person who contravenes or fails to comply with any of the provisions of this Act or any orders or directions lawfully issued under it commits an offence and is liable on conviction, where no other penalty is provided, to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment. revoke the licence and order the licence to be surrendered forthwith to the area licensing board ; and order the forfeiture of the enguli and the apparatus used for manufacturing it, in respect of which the offence was committed; and shall, in any other case, in addition to the penalty provided by this section, order the forfeiture of the enguli and the apparatus used for manufacturing it, in respect of which the offence was committed.

Section Rules Section The Minister may make rules prescribing— the fees to be charged for licences granted under this Act; the forms required to be used under this Act; in consultation with the exclusive licensee, from time to time the prices to be paid by the exclusive licensee for enguli purchased from holders of enguli licences; in consultation with the exclusive licensee, from time to time the maximum prices that may be charged by the exclusive licensee for refined spirits sold by the licensee, either wholesale or retail, to the public; the form of records to be kept by holders of enguli licences granted under this Act; the manner of collection and transport of enguli from licence holders to collecting centres and from collecting centres to the premises of the exclusive licensee, and the storage of the enguli at collecting centres; the powers and duties of the exclusive licensee and its agents in the collection of enguli at collecting centres; the control and regulation of the export of refined spirits ; any matter required to be prescribed under this Act; and any other matter for better carrying into effect the provisions of this Act. The Minister may by rules make provision f...

Section Allocation of revenue Section Fees collected in respect of any enguli licences issued under this Act shall be credited to the revenues of the district in which the licences are issued; except that where fees are collected in respect of any enguli licences issued in any city, municipality or Government town established under the Local Governments Act, the fees shall be credited to the revenue of the respective city, municipality or town.

Section Saving Section The provisions of this Act shall be in addition to and not in derogation of the provisions of any other written law.