Hide and Skin Trade Act

Section Interpretation Section In this Act, unless the context otherwise requires— “ buyer ” means any person who holds a buyer’s licence issued under this Act; “ buyer’s licence ” means a licence issued under section 5 ; “ Commissioner ” means the Commissioner of livestock and entomology; “ currency point ” has the value assigned to it in the Schedule to this Act; “ exporter ” means any person duly licensed under this Act to export hides or skins or hides and skins; “ exporters-buyers licence ” means a licence issued under section 9 ; “ green hide ” or “ green skin ” means a hide or skin which is not partly or wholly dried, salted, pickled or tanned; “ ground dried ” in relation to a hide or skin means dried by any method in which the hide or skin is in contact with the ground; “ hide ” means a properly dried cattle hide; “ licensing officer ” means the Minister or such other person or authority as may be authorised by the Minister, by statutory order, to issue licences under this Act; “ preparation ” includes the processes of flaying, cleansing, fleshing, salting or drying, or any other prescribed process, and “prepared” and “prepare” shall be construed accordingly; “ properly dr...

Section Regions Section The Commissioner may, by statutory instrument, declare any part of Uganda to be a hides region or a skins region , or a hides and skins region and assign to any such region the designation by which it shall be known.

Section Restrictions on purchase of hides and skins Section A person shall not in any region whether on his or her own account or on behalf of any other person purchase for resale or tanning in Uganda any hide or skin — A person shall not in any region whether on his or her own account or on behalf of any other person engage in the trade of buying, cleaning or preparing any green hides or green skins for the purpose of resale— unless he or she is in possession of a valid buyers licence in the prescribed form issued to him or her by a licensing officer ; except within the region in respect of which the licence is issued and at premises licensed under this Act or at a hide and skin market approved as such by the Commissioner or any veterinary officer ; and except in accordance with any conditions prescribed under the provisions of this Act. unless he or she is in possession of a buyers licence issued to him or her for that purpose by the licensing officer ; and The Commissioner may in writing, subject to such conditions as he or she shall think fit, exempt any person or class of persons from compliance with any of the provisions of this section.

Section Restrictions on internal purchases by non-citizens Section Subject to subsection (3) , it shall not be lawful for any person— For the purposes of this section, a citizen of Uganda includes— The holder of an exporters-buyers licence shall not purchase any hides or skins— who is not a citizen of Uganda to hold a buyers licence for the purposes of undertaking any of the business specified in section 3 ; who is a citizen of Uganda to trade, under a buyers licence issued to that citizen, on behalf of any person who is not a citizen of Uganda; or who is not a citizen of Uganda to engage or allow a person who is a citizen of Uganda to trade directly or indirectly on his or her behalf under a buyers licence issued to that citizen. a cooperative society registered under the Cooperative Societies Act, all of whose members are citizens of Uganda; and a company registered under the Companies Act or, as the case may be, a firm which is wholly owned by persons who are citizens of Uganda. Notwithstanding this section, any person, whether he or she is a citizen of Uganda or not, may be issued with an exporters-buyers licence for the purposes of purchasing the hides and skins required for a...

Section Buyers licence and conditions attached to licence Section A licensing officer may, upon receipt of an application in the form and manner prescribed under section 15 (1)(a), issue or renew a buyers licence if he or she is satisfied that the applicant— In addition to any conditions which may be prescribed under the provisions of section 15 , it shall be a condition of every buyers licence that the licensee shall— keep at the licensed premises proper books in English, Luganda, Arabic or Gujerati showing day by day the following particulars of each transaction entered into by him or her— possesses sufficient knowledge of the hides and skins trade; is capable of complying with the conditions prescribed under subsection (3) ; maintains premises which are suitable for the purpose of buying and storing hides and skins; has not within the last five years before the date of the application or subsequently to the issue of the licence, as the case may be, been convicted of any offence under this Act or rules made under this Act or any previous written law relating to the control of hides and skins; has not within the last five years before the date of the application or subsequently to...

Section Cancellation or suspension of buyers licence Section A licensing officer may cancel or may suspend for such period as he or she deems fit any buyers licence if he or she is satisfied that the licensee— has, after the issue of the licence, been convicted of an offence against any of the provisions of this Act or rules made under this Act; has, after the issue of the licence, been convicted of any offence involving fraud or dishonesty; or is an undischarged bankrupt or a company in liquidation. For the purposes of subsection (1) , “licensee” includes in the case of a corporation or firm, any director, officer or partner of the corporation or firm, and its local manager. When any person has been notified that his or her buyers licence has been cancelled or suspended, he or she shall immediately surrender the licence to the licensing officer ; and if any such person fails without lawful excuse to surrender that licence, he or she commits an offence under this Act.

Section Cancellation or suspension of exporters or exporters-buyers licence Section The licensing officer may cancel or may suspend for such period as he or she deems fit any exporters-buyers licence if he or she is satisfied that the licensee— when buying by private treaty fails to pay prices which differentiate to the satisfaction of the licensing officer between the various classes and grades of hides or skins; has, after the issue of the licence, been convicted of an offence against any of the provisions of this Act or rules made under this Act; has, after the issue of the licence, been convicted of any offence involving fraud or dishonesty; or is an undischarged bankrupt or a company in liquidation. For the purposes of this section, “licensee” includes in the case of a corporation or firm, any director, officer or partner of the corporation or firm, and its local manager.

Section Restrictions on export of hides and skins Section The Commissioner may by statutory instrument appoint places in Uganda to be known as hides and skins exporting centres, and after the exporting centres have been so appointed, no exporter shall export any hides or skins except through a hides and skins exporting centre.

Section Exporters-buyers licence Section A person shall not export any hide or skin unless he or she is in possession of a valid exporters-buyers licence in the prescribed form issued to him or her by the licensing officer .

Section Issue of exporters-buyers licence and conditions attached to licence Section In addition to any conditions which may be prescribed under this Act, it shall be a condition of every exporters-buyers licence — that the licensee shall keep at the licensed premises proper books in English showing day by day the following particulars of each transaction entered into by him or her— The licensing officer may in his or her discretion refuse to issue or renew an exporters-buyers licence if— Every application for the issue or renewal of an exporters buyers licence shall be made to the licensing officer in the form and manner prescribed. that the licensee shall maintain premises having storage, packing and pressing facilities to the satisfaction of the Commissioner ; that all hides or skins purchased by the exporter shall be graded by him or her before the export of the purchase; that all hides and skins purchased for export shall be branded on the right foreshank with a distinguishing mark in the manner prescribed denoting the region of origin; in the case of all purchases, the date and price paid and, in respect of hides and calf skins, the weight and grade and, in respect of goat an...

Section Power of inspection, search and seizure Section A veterinary officer may at all reasonable times enter any premises in which any buyer or exporter carries on, or in which any veterinary officer suspects him or her of carrying on his or her business, or any premises suspected by any veterinary officer of being used for the purposes of preparing hides or skins, for the purposes of ascertaining whether the provisions of this Act or of any rules made under this Act are being observed, and may inspect any hides or skins found on the premises and may take any such hides or skins as samples for the purpose of instituting any proceedings under this Act or under any rules made under this Act. A veterinary officer , if he or she has reasonable cause to believe that any offence is being committed against any of the provisions of this Act or of any rules made under this Act in respect of any hides or skins, may take possession of the hides or skins, brand with a distinguishing mark the hides or skins, or, by order in writing, require the person in possession of the hides or skins to retain the hides or skins in his or her possession pending any orders from the Commissioner for the taki...

Section Offence to buy, etc. certain dried hides Section A person shall not sell or offer for sale, and no holder of a buyers licence or exporters-buyers licence shall be in possession of, purchase, sell or offer for sale any dried hide or skin which is smeared with blood, dung or any foreign substance or which is seriously damaged by knife cuts or scores in the preparation or otherwise, or which is not properly dried and in a fit condition for storage; except that a holder of a buyers licence may purchase and prepare green hides and green skins if licensed for that purpose in accordance with section 3(2) .

Section Only exporters to apply regional brand marks Section A person other than the holder of an exporters-buyers licence or a person acting under his or her instructions shall not place on any hide or skin the distinguishing mark referred to under section 9(2)(c) , nor remove for export or sale any hide or skin from the region in which it has been prepared.

Section Miscellaneous offences; general penalty Section Any person who— treats or prepares any ground dried hide or skin with the object of selling it as a suspension dried hide or skin ; treats any hide or skin in any manner whatsoever in order to cover up or disguise any cuts, scratches, gouges, sores, brand marks, disease lesions or any other flaws or blemishes; makes any statement which is to his or her knowledge untrue in any application for any licence or certificate required under this Act or of any rules made under this Act; contravenes any of the provisions of this Act or of any rules or of any lawful order made or issued under this Act; commits a breach of any of the conditions set forth in or attached to any licence or certificate issued to him or her under this Act; or obstructs any veterinary officer or any other authorised person in the exercise of his or her powers and duties under this Act or any rules made under this Act, Any person who commits an offence under this Act or any rules made under this Act is liable, on conviction, to a fine not exceeding twelve currency points or to imprisonment for a term not exceeding six months, or both, and the court in convicting...

Section Power to make rules Section The Minister may make rules generally for the purpose of regulating the trade in hides and skins and improving the quality of hides and skins produced, prepared, sold or tanned in, or exported from Uganda, and without prejudice to the generality of the foregoing, for all or any of the following purposes— prohibiting or controlling the movement of hides and skins— prescribing the methods to be employed in treatment, protection, storage and baling of hides and skins with the object of preserving them or improving their general quality either before or after they are prepared; prescribing the form and manner of application for, any conditions to be attached to, the fee to be paid for, and all matters relating to any licence or certificate to be issued, renewed or transferred under this Act; requiring terms to be made by buyers and exporters and prescribing the persons to whom, and the form in which the returns shall be made; regulating the grading and classification of hides and skins and defining the grades and classes of hides and skins; regulating the methods of purchase, sale and marketing of hides and skins; regulating the prices to be paid to...

Section Delegation of powers Section The Commissioner may delegate all or any powers, duties and functions conferred or imposed upon him or her by this Act to any person in respect of the whole of Uganda or any area of Uganda.

Section Saving Section The provisions of this Act shall be in addition to and not in derogation of the provisions of any written law relating to public health, urban authorities or trading.

Section Power to amend Schedule Section The Minister responsible for finance may, by statutory instrument, with the approval of Cabinet, amend the Schedule to this Act.