Non-Governmental Organisations Act — Esheria

Statute

Non-Governmental Organisations Act

Chapter 109 Country: Uganda As of: 31 December 202331 December 20233 March 2016 Status: In force Sections: 54
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Section 1

Preliminary - Object of Act

Part I: Preliminary

Section Object of Act Section The object of this Act is to— establish an administrative and regulatory framework within which orgainsations can conduct their affairs; promote and require organisations to maintain high standards of governance, transparency and accountability; promote a spirit of cooperation, mutual partnership and shared responsibility between the organisations sector, the Ministries, departments and agencies of Government and other stakeholders dealing with organisations; provide for the development of strong organisations and to facilitate the formation and effective function of organisations for public benefit purposes; promote and strengthen the capacity of the organisations sector that is sustainable and able to deliver services professionally; promote the development of self-regulation among organisations; provide an enabling environment for the organisations sector; strengthen the capacity of the Bureau ; and promote and develop a charity culture that is voluntary, non­partisan and relevant to the needs and aspirations of the people of Uganda.

Section 2

Preliminary - Interpretation

Part I: Preliminary

Section Interpretation Section In this Act, unless the context otherwise requires— “ Board ” means the Board of Directors established under section 7 ; “ Bureau ” means the National Bureau of Non-Governmental Organisations established by section 3 ; “ CBOs ” means Community Based Organisations; “ Chairperson ” means the Chairperson of the Board appointed under section 7 ; “ Community Based Organisation ” means an organisation operating at a subcounty level and below whose objectives is to promote and advance the wellbeing of the members of the community; “ continental organisation ” means an organisation that has its original incorporation in any African country, other than the Partner States of the East African Community, and is partially or wholly controlled by citizens of one or more African countries, other than the citizens of the Partner State of the East African Community, and is operating in Uganda under the authority of a permit issued by the Bureau ; “ currency point ” has the value assigned to it in Schedule 1 to this Act; “dissolution” means the cessation of operations of an organisation , voluntarily or by order of the court; “ District Monitoring Committee ” means a D...

Section 3

National Bureau for Non-Governmental Organisations - Establishment of National Bureau for Non-Governmental Organisations

Part II: National Bureau for Non-Governmental Organisations

Section Establishment of National Bureau for Non-Governmental Organisations Section The Bureau may for, and in connection with its functions under this Act— There is established the National Bureau for Non-Governmental Organisations. The Bureau shall be a body corporate with perpetual succession and a common seal and shall have power to sue and be sued in its corporate name. purchase, acquire, hold, manage and dispose of any movable and immovable property; enter into any contract or other transaction it may deem expedient; and do all acts and things as a body corporate may lawfully do.

Section 4

National Bureau for Non-Governmental Organisations - Functions of Bureau

Part II: National Bureau for Non-Governmental Organisations

Section Functions of Bureau Section The functions of the Bureau are— to advise the Minister on the policy relating to the operations of organisations; to formulate, develop and issue policy guidelines for District Monitoring Committees and Subcounty Monitoring Committees for the effective and efficient monitoring of the operations of the organisations; to establish branch offices of the Bureau ; to formulate and develop policy guidelines for District Monitoring Committees, Subcounty Monitoring Committees, and CBOs ; to make recommendations to the relevant authorities with regard to employment of non-citizens by an organisation , on whether an organisation may be exempted from taxes and duties or be accorded any other privileges or immunities; to coordinate the establishment and functions of a National Non-Governmental Organisations consultative and dialogue platform; to establish and maintain a register of organisations; to consider applications for issue and renewal of permits; and to perform any other function under this Act or as may be directed in writing by the Minister .

Section 5

National Bureau for Non-Governmental Organisations - Powers of Bureau

Part II: National Bureau for Non-Governmental Organisations

Section Powers of Bureau Section The Bureau shall have power— to summon and discipline organisations by either— to co-opt technical officers to deal with specific issues; warning the organisation ; suspending the permit of the organisation ; exposing the affected organisation to the public; blacklisting the organisation ; or revocation of an organisation ’s permit ; and to charge fees for any services performed by the Bureau . The Bureau shall before taking any action against an organisation under subsection (1) , give the organisation the opportunity to be heard.

Section 6

National Bureau for Non-Governmental Organisations - Common seal of Bureau

Part II: National Bureau for Non-Governmental Organisations

Section Common seal of Bureau Section The Bureau shall have a common seal which shall be kept in the custody of the Executive Director . The affixing of the common seal of the Bureau shall be authenticated by the signature of the Executive Director . Every document purporting to be an instrument issued by the Bureau , sealed with the official seal of the Bureau , and is authenticated in the manner provided by this section, shall be received and deemed to be such an instrument without further proof unless the contrary is shown.

Section 10

Board of directors - Meetings of Board

Part III: Board of directors

Section Meetings of Board Section The meetings of the Board shall be conducted in accordance with Schedule 2 to this Act.

Section 11

Board of directors - Remuneration of members of Board

Part III: Board of directors

Section Remuneration of members of Board Section The chairperson, vice chairperson and members of the Board shall be paid such remuneration as the Minister may, in consultation with the Minister responsible for finance, determine.

Section 7

Board of directors - Board of directors

Part III: Board of directors

Section Board of directors Section The Board shall consist of— A member of the Board shall— A member of the Board may resign his or her office by writing to the Minister or may be removed from office by the Minister on any of the following grounds— The Bureau shall be governed by a board of directors. a chairperson; a vice chairperson; two representatives from the non-governmental organisations sector in Uganda; and three other persons. The members of the Board shall be appointed by the Minister with the approval of Cabinet. A member of the Board shall have proven experience of at least ten years in the relevant field. At least one-third of the members of the Board shall be female. be a citizen of Uganda; and be of high moral character and proven integrity. inability to perform the functions of his or her office arising out of physical or mental incapacity; incompetence; conflict of interest; is convicted of a criminal offence in respect of which a penalty of imprisonment of one year or more is imposed without the option of a fine; is adjudged bankrupt; abuse of office; or failure to attend four consecutive meetings of the Board without prior permission of the chairperson, or absen...

Section 8

Board of directors - Tenure of office of members of Board

Part III: Board of directors

Section Tenure of office of members of Board Section A member of the Board shall hold office for a period of three years and is eligible for re-appointment for one further term.

Section 9

Board of directors - Functions of Board

Part III: Board of directors

Section Functions of Board Section The Board is responsible for— overseeing implementation of the Bureau ’s policies and programmes in the organisations sector; reviewing and approving strategic plans of the Bureau ; reviewing and approving the annual plans and budget of the Bureau ; approving the annual reports and accounts of the Bureau ; establishing and approving rules and procedures for proper financial management and accountability of the Bureau ; determining and reviewing the structure and staffing levels; appointing staff of the Bureau ; establishing and approving rules and procedures for appointment, discipline, termination of services and general personnel matters; determining and reviewing terms and conditions of service of staff of the Bureau ; and performing such other functions as may be prescribed by law.

Section 12

Committees and subcommittees of Board - Committees and subcommittees

Part IV: Committees and subcommittees of Board

Section Committees and subcommittees Section The Board may establish committees and subcommittees for the efficient performance of their functions under this Act. A committee or subcommittee established under this section may comprise members of the Board or members of the staff or both. The Board may assign to any committee or subcommittee established under this section, functions subject to conditions and restrictions as the Board may determine. A decision of the committee or subcommittee shall be subject to confirmation by the Board before being implemented. A member of a committee or subcommittee shall disclose conflict of interest.

Section 13

Committees and subcommittees of Board - Procedure of committees and subcommittees

Part IV: Committees and subcommittees of Board

Section Procedure of committees and subcommittees Section Except as expressly provided under this Act, the procedure of committees or subcommittees established under section 12 shall be prescribed by the Board .

Section 34

Self-regulation, administrative and reporting obligations - Interpretation of Part

Part IX: Self-regulation, administrative and reporting obligations

Section Interpretation of Part Section For purposes of this Part— “ self-regulatory body ” refers to a body set up by registered organisations that have come together and agreed that the body exercises some degree of regulatory authority over them upon consenting or resolving that they would abide by a set code of conduct, rules and procedures; and “ self-regulatory mechanism ” means self-regulatory tools, rules and standards that organisations adopt to govern them in an agreed set up.

Section 35

Self-regulation, administrative and reporting obligations - Formation of self-regulatory body

Part IX: Self-regulation, administrative and reporting obligations

Section Formation of self-regulatory body Section An application for registration under this section shall be accompanied by— Two or more organisations may form a self-regulating body. A self-regulatory body shall be registered with the Bureau . the resolution of each of the organisations forming the self-regulatory body stating its willingness to be part of the self-regulatory body ; the code of conduct of the self-regulatory body ; and any other information that the Bureau may reasonably require. The code of conduct of a self-regulatory body shall be adopted by a special meeting of the policy making organ of the self-regulating body, attended by not less than three quarters of the voting members present. A self-regulatory body under this section shall adopt its own structure, rules and procedure for the efficient administration of its activities.

Section 36

Self-regulation, administrative and reporting obligations - Self-regulatory mechanism

Part IX: Self-regulation, administrative and reporting obligations

Section Self-regulatory mechanism Section A self-regulatory body that has established a self-regulatory mechanism shall inform the Bureau of its existence and mode of operations.

Section 37

Self-regulation, administrative and reporting obligations - Annual returns, estimates and furnishing of information

Part IX: Self-regulation, administrative and reporting obligations

Section Annual returns, estimates and furnishing of information Section An organisation shall, in accordance with the generally accepted standards of accounting practice— An organisation shall within two months after drawing up its financial statements, submit to the Bureau a report stating whether or not— An organisation shall— A Community Based Organisation shall— keep accounting records of its income, expenditure, assets and liabilities; and within six months after the end of its financial year, draw up financial statements. the accounting policies of the organisation are appropriate and have been appropriately applied in the preparation of the financial statements; and the organisation has complied with the provisions of this Act and of its constitution which relate to financial matters. submit to the Bureau annual returns and a report of the audited books of accounts by a certified auditor; declare and submit to the District Technical Planning Committee, the District Monitoring Committee and Subcounty Monitoring Committee of the area in which it operates, estimates of its income and expenditure, budget, work plan, information on funds received and the sources of funds; and sub...

Section 14

Management and staff of bureau - Executive Director

Part V: Management and staff of bureau

Section Executive Director Section The Executive Director shall be a person of high moral character and proven integrity, with the relevant qualifications and experience in any of the following fields— The Executive Director shall be the chief executive officer of the Bureau and shall be subject to the general supervision and control of the Board , and shall be responsible for— The Minister may, on recommendation of the Board , remove the Executive Director from office for— There shall be an Executive Director of the Bureau who will be appointed by the Minister on the recommendation of the Board for a period of four years, eligible for re-appointment for one further term on terms and conditions specified in the instrument of appointment. public administration and management; law; economics; or any other applicable qualification. The Executive Director shall be an ex-officio member of the Board . the day to day operations of the Bureau ; the management of the funds of the Bureau ; the administration and management of the property of the Bureau ; the supervision and control of the officers and other staff of the Bureau ; keeping a register of registered organisations; implementing th...

Section 15

Management and staff of bureau - Secretary to Bureau

Part V: Management and staff of bureau

Section Secretary to Bureau Section The Secretary to the Bureau shall perform such functions as the Executive Director may direct and in addition, shall be responsible for— There shall be a Secretary to the Bureau who shall be appointed by the Board for a period of four years and is eligible for re-appointment for one further term on terms and conditions specified in the instrument of appointment. The Secretary to the Bureau shall be the Principal Legal adviser to the Board and Bureau . arranging the business at meetings of the Board ; taking the minutes of the meetings of the Board ; and keeping the records of the decisions and other policy records of the Board . In the performance of his or her duties, the Secretary shall report to the Executive Director . The Secretary to the Bureau shall possess the relevant professional qualifications.

Section 16

Management and staff of bureau - Other staff

Part V: Management and staff of bureau

Section Other staff Section The Board may employ officers and employees as may be necessary for the proper and efficient discharge of the objects and functions of the Bureau . The officers and employees appointed under this section shall hold office on terms and conditions determined by the Board . Without prejudice to the general effect of subsection (2) , the Board may provide for payment to its officers and employees of salaries, allowances, pensions, gratuities or other retirement benefits and may require them to contribute to any pension, provident fund or superannuation scheme. A public officer may be seconded to the service of the Bureau or may otherwise give assistance to the Bureau . The Board may, subject to any conditions and restrictions, delegate any of its powers under subsection (1) to a committee of the Board, the executive director or any employee of the Bureau.

Section 17

Branch offices of Bureau and District and Subcounty Non-governmental organisation monitoring Committees - Branch offices of Bureau

Part VI: Branch offices of Bureau and District and Subcounty Non-governmental organisation monitoring Committees

Section Branch offices of Bureau Section The functions of branch offices of the Bureau are— There is established branch offices of the Bureau . to supervise District Monitoring Committees; to maintain a register of the registered organisations and CBOs within the region; and to perform any other function that the Bureau shall deem fit and necessary for purposes of giving effect to this Act.

Section 18

Branch offices of Bureau and District and Subcounty Non-governmental organisation monitoring Committees - District Non-Governmental Organisations Monitoring Committee

Part VI: Branch offices of Bureau and District and Subcounty Non-governmental organisation monitoring Committees

Section District Non-Governmental Organisations Monitoring Committee Section The District Monitoring Committee shall comprise of— The functions of the District Monitoring Committee are— There is established a district monitoring committee in each district. the Chief Administrative Officer who shall be the chairperson of the committee; the District Community Development Officer who shall be secretary to the committee; the District Health Officer; the District Internal Security Officer; a representative of organisations in the district; the District Education Officer; and the Secretary for gender and community services. The committee may co-opt technical officers to deal with specific issues. to consider applications for registration by CBOs ; to keep and update the register of CBOs ; to monitor and supervise Subcounty Monitoring Committees; to recommend organisations to the Bureau for registration; to advise the district councils on matters of registration and monitoring of organisations; to monitor and provide information to the Bureau regarding activities and performance of organisations in the district; to guide and monitor CBOs in the provision of their services; and to implemen...

Section 19

Branch offices of Bureau and District and Subcounty Non-governmental organisation monitoring Committees - Subcounty Non-Governmental Organisations Monitoring Committee

Part VI: Branch offices of Bureau and District and Subcounty Non-governmental organisation monitoring Committees

Section Subcounty Non-Governmental Organisations Monitoring Committee Section The Subcounty Monitoring Committee shall comprise of— The functions of the Subcounty Monitoring Committee are— There is established a subcounty monitoring committee in every subcounty in Uganda. the Senior Assistant Secretary who shall be the Chairperson of the committee; subcounty Community Development Officer of the subcounty who shall be secretary to the committee; the subcounty health inspector; the Gombolola Internal Security Officer (GISO); and a representative of organisations in the subcounty. to recommend CBOs to the District Monitoring Committee for registration; to advise the District Monitoring Committee on matters of organisations and CBOs in the subcounty; to provide the CBOs in the subcounty with guidelines to enable them effectively participate in the implementation, monitoring and evaluation of programmes; to monitor and provide information on activities of the organisations in the subcounty to the District Monitoring Committee ; to report to the District Monitoring Committee on matters of the organisations in the subcounty; and to perform any other function that the Bureau shall deem nec...

Section 20

Financial and other matters - Funds of Bureau

Part VII: Financial and other matters

Section Funds of Bureau Section The funds of the Bureau shall consist of money appropriated by Parliament for the purposes of the Bureau . All non-tax revenue raised by the Bureau shall be remitted to the Consolidated Fund. The Bureau shall at all times comply with the Public Finance Management Act.

Section 21

Financial and other matters - Estimates

Part VII: Financial and other matters

Section Estimates Section The Executive Director shall, within three months before the end of each financial year, cause to be prepared and submitted to the Board for its approval, estimates of the expenditure of the Bureau for the next financial year. The Board shall within two months after receipt of the estimates referred to in subsection (1) cause to be submitted to Parliament for approval the estimates of income and expenditures approved by the Board.

Section 22

Financial and other matters - Power to open and operate bank accounts

Part VII: Financial and other matters

Section Power to open and operate bank accounts Section The Bureau shall, with the authority of the Accountant General, open and maintain such bank accounts as are necessary for the performance of its functions.

Section 23

Financial and other matters - Financial year

Part VII: Financial and other matters

Section Financial year Section The financial year of the Bureau shall be the period of twelve months commencing on the 1st day of July and ending on the 30th day of June of the following year.

Section 24

Financial and other matters - Accounts

Part VII: Financial and other matters

Section Accounts Section The Board shall cause to be prepared and submitted to the Minister and Secretary to the Treasury in respect of each financial year, a statement of accounts which shall include— The Executive Director shall cause to be kept, proper books of accounts and records of the transactions of the Bureau . a balance sheet, statement of income and expenditure and a statement of surplus or deficit; and any other information in respect of the financial affairs of the Bureau as the Minister responsible for finance may, in writing require.

Section 25

Financial and other matters - Audit

Part VII: Financial and other matters

Section Audit Section The Auditor General or an auditor appointed by the Auditor General shall, in each financial year, audit the accounts of the Bureau . The Bureau shall ensure that within four months after the end of each financial year, a statement of accounts under section 24 is submitted for auditing to the Auditor General or an auditor appointed by the Auditor General. The Auditor General or an auditor appointed by the Auditor General shall have access to all books of accounts, vouchers and other financial records of the Bureau , and is entitled to any information and Explanation required in relation to those records. The Auditor General or an auditor appointed by the Auditor General shall, within four months after receipt of the statement of accounts, under subsection (2) deliver to the Bureau a copy of the audited accounts together with a report on the accounts.

Section 26

Financial and other matters - Annual report

Part VII: Financial and other matters

Section Annual report Section The Board shall, within three months after the end of each financial year submit to the Minister the annual report of the activities of the Bureau . The Minister shall, within one month after the receipt of the annual report from the Bureau , submit the report to Cabinet.

Section 27

Registration and incorporation of non-governmental organisations - Registration of organisations with Bureau

Part VIII: Registration and incorporation of non-governmental organisations

Section Registration of organisations with Bureau Section An application made under subsection (1) shall be accompanied by— An organisation that has been registered remains registered until— Any person or group of persons incorporated as an organisation shall register with the Bureau . evidence of statements made in the application as the Minister may prescribe by regulations; a certificate of incorporation; a copy of the organisation ’s constitution; and evidence of payment of the prescribed fee. Upon compliance with the requirements of subsection (2) , the Bureau shall register the organisation. its registration is cancelled in terms of this Act; the organisation is voluntarily deregistered; or the organisation is wound up or dissolved.

Section 28

Registration and incorporation of non-governmental organisations - Refusal to register

Part VIII: Registration and incorporation of non-governmental organisations

Section Refusal to register Section An organisation shall not be registered under this Act— where the objectives of the organisation as specified in its constitution are in contravention of the laws of Uganda; where the application for registration does not comply with the requirements of this Act; or where the applicant has given false or misleading information in any material particular. Where the Bureau refuses to register an organisation under subsection (1) , the Bureau shall inform the applicant in writing of the reasons for the refusal within thirty days.

Section 29

Registration and incorporation of non-governmental organisations - Application and issue of permit

Part VIII: Registration and incorporation of non-governmental organisations

Section Application and issue of permit Section An application made under this section shall specify— An organisation shall not operate in Uganda without a valid permit issued by the Bureau . Subsection (1) shall apply to organisations incorporated or registered under the Companies Act or Trustees Incorporation Act and those that fall within the definition of organisation under section 2 of this Act. An organisation shall apply to the Bureau for a permit , and the bureau shall, within forty-five days issue a permit subject to conditions or directions stipulated by this Act. An application made under this section shall be in a form as the Minister may by regulations prescribe. the operations of the organisation ; the areas where the organisation may carry out its activities; staffing of the organisation ; geographical area of coverage of the organisation ; location of the organisation ’s headquarters; and date of expiry of the previous permit . An application made under subsection (2) shall be accompanied by evidence of payment of the prescribed fee. Subject to the provisions of this section, the Bureau may issue an organisation with a permit to operate for a period not exceeding fi...

Section 30

Registration and incorporation of non-governmental organisations - Renewal of permit

Part VIII: Registration and incorporation of non-governmental organisations

Section Renewal of permit Section Subject to section 29 , an organisation shall apply for renewal of a permit within six months before the expiry of its permit. An organisation applying for renewal of a permit will comply with subsection (4) of section 29 . The Bureau shall renew a permit if it is satisfied that the organisation has complied with the requirements of the permit and this Act. An organisation that wishes to change the conditions of the permit , or the area of focus or the geographical area of focus shall apply to the Bureau to have its permit reviewed. The Bureau may review and renew the permit for an organisation applying under subsection (4) . An organisation whose permit expires, but continues to operate without renewal of its permit will be fined ten currency points in case of Community Based Organisation and one hundred currency points for any other organisation , for every month of operation in default of renewal of the permit .

Section 31

Registration and incorporation of non-governmental organisations - Grounds for revocation of permit

Part VIII: Registration and incorporation of non-governmental organisations

Section Grounds for revocation of permit Section The Bureau may revoke the permit of an organisation if— the organisation does not operate in accordance with its constitution; or the organisation contravenes any of the conditions or directions specified in the permit . Before the Bureau revokes a permit under this section, it shall within thirty days from the date of notice in writing request the holder of the permit to show cause why the permit should not be revoked. Where the Bureau revokes a permit under this section, it shall inform, in writing, the holder of the permit of the reason why the permit has been revoked. Where the Bureau revokes a permit of an organisation under this section, the organisation shall, subject to the conditions for grant of a permit under this Act, be allowed to re-apply for a permit .

Section 32

Registration and incorporation of non-governmental organisations - Registration of organisations incorporated outside Uganda

Part VIII: Registration and incorporation of non-governmental organisations

Section Registration of organisations incorporated outside Uganda Section An application made under subsection (1) shall be— Any organisation incorporated outside Uganda which intends to operate in Uganda shall apply to the Bureau to be registered and issued with a permit . accompanied by the prescribed fee; a certified copy of certificate of incorporation from the country of incorporation; and a certified copy of its constitution, or charter or documents governing the organisation . Subject to fulfilment of the requirements under subsection (2) , the Bureau may proceed to register and issue a permit to such an organisation.

Section 33

Registration and incorporation of non-governmental organisations - Exemption of organisations

Part VIII: Registration and incorporation of non-governmental organisations

Section Exemption of organisations Section The Minister may in an emergency situation , and in consultation with the Bureau , exempt an organisation from the requirements of registration and issue of a permit . Any exemption made under subsection (1) shall not include payment of prescribed fees. Subject to subsection (1) , the Minister shall issue a provisional permit for the exempted organisation to operate for a period not more than six months.

Section 38

Offences and penalties - Offences and penalties

Part X: Offences and penalties

Section Offences and penalties Section An organisation or a person commits an offence that— on being required to do so, fails or refuses to produce to the Bureau a certificate, permit , constitution, charter or other relevant document or information relevant for the purposes of this Act; knowingly gives false or incomplete information for the purpose of obtaining a permit or other requirement; operates contrary to the conditions or directions specified in its permit ; or engages in any activity that is prohibited by this Act. Any person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding seventy-two currency points or to imprisonment for a term not exceeding three years, or both, and in the case of a continuing offence, to a further fine not exceeding fifteen currency points for each day during which the offence continues after conviction.

Section 39

Miscellaneous - Inspection

Part XI: Miscellaneous

Section Inspection Section A person who— An inspector may, at any reasonable time, inspect the premises of an organisation and may request for any information that appears to the inspector necessary for purposes of giving effect to this Act. An inspector may investigate any matter for the purpose of ensuring compliance with this Act and may, subject to the power of the Director of Public Prosecutions under Article 120 of the Constitution, prosecute any person for an offence alleged to be committed under this Act. Subject to the provisions of this section, the Bureau may designate from among its officers such number of inspectors as are necessary for carrying out the purposes of this section. A person designated as inspector, shall be published in the Gazette . Notwithstanding the powers given to an inspector under this section, no inspection shall be done without prior notice of at least three days being given to an organisation stating the time and purpose of the inspection. For purposes of this section, reasonable time refers to the hours of 8:00a.m. to 5:00p.m. on working days. without lawful excuse denies an inspector access to any property, books of accounts, records, returns,...

Section 40

Miscellaneous - Protection from liability

Part XI: Miscellaneous

Section Protection from liability Section A member of the Board , an officer or an employee of the Bureau or a person acting on the directions of the Bureau is not personally liable for any act or omission done or omitted to be done in good faith in the exercise of the functions of the Bureau .

Section 41

Miscellaneous - Assistance to Bureau

Part XI: Miscellaneous

Section Assistance to Bureau Section All Ministries, departments and agencies of Government shall afford the Bureau all necessary assistance for purposes of giving full effect to this Act.

Section 42

Miscellaneous - Special obligations

Part XI: Miscellaneous

Section Special obligations Section An organisation shall— not carry out activities in any part of the country, unless it has received the approval of the District Monitoring Committee and Local Government of that area and has signed a memorandum of understanding with the Local Government to that effect; not extend its operations to any new area beyond the area it is permited to operate unless it has received a recommendation from the Bureau through the District Monitoring Committee of that area; cooperate with local councils in the area of its operation and relevant District Monitoring Committee and Subcounty Monitoring Committee ; not engage in any act which is prejudicial to the security and laws of Uganda; restrict its operations to the area of Uganda in respect of which it is permitted to operate; not engage in any act, which is prejudicial to the interests of Uganda and the dignity of the people of Uganda; be non-partisan and shall not engage in fundraising or campaigning to support or oppose any political party or candidate for an appointive office or elective political office, nor may it propose or register a candidate for elective political office; and have a memorandum of...

Section 43

Miscellaneous - Staffing of organisations

Part XI: Miscellaneous

Section Staffing of organisations Section An organisation shall comply with the following in respect to staffing— at the time of applying for registration, submit to the Bureau a chart showing its organisational structure as stipulated in its constitution accompanied by a statement— shall not employ a person who is not a citizen of Uganda unless that person has, before proceeding to Uganda for the purposes of the employment by the organisation , submitted to the Ugandan diplomatic mission in his or her country of origin for transmission to the Government of Uganda for consideration, for his or her suitability for the employment— specifying its foreign staff requirements where necessary; indicating its requirements of Ugandan counterparts of the foreign employees; and indicating the period for the replacement of its foreign employees with qualified Ugandans; comply with any written law in Uganda relating to labour and employment services; certified details of his or her certificates, credentials and recommendations of his or her academic and professional qualifications and proven work experience; and a certificate of clearance of no criminal record from his or her country of origin;...

Section 44

Miscellaneous - Business operations of organisations

Part XI: Miscellaneous

Section Business operations of organisations Section An organisation or a member or employee of the organisation shall not use the organisation directly or indirectly to engage in any gainful activities for individual interest, except for the economic interest of the organisation or in fulfilling its objectives. An organisation shall open and maintain a bank account. Where an organisation receives moneys in foreign currency, it shall open and operate a foreign currency bank account with a bank in which the currency shall be deposited and through which the transactions shall be conducted. Except for fundraising purposes, where an organisation sells any goods or services to the public or to any other organisations, the prices of the goods and services shall be in conformity with the prices if any, prescribed by the Government for those goods and services or conformity with the open market prices in respect of those goods and services for the time being prevailing in Uganda. Any sum of money received from the sale of any goods or services under subsection (4) in excess of the administrative costs incurred in the sale shall be reinvested in the project or as directed by the organisatio...

Section 45

Miscellaneous - Affiliated organisations

Part XI: Miscellaneous

Section Affiliated organisations Section An organisation which is affiliated to another organisation registered under this Act shall not operate in Uganda, unless it has itself been duly registered under this Act. For purposes of this section, affiliated organisation means an organisation which is formally or closely connected to or controlled by a nationally or internationally incorporated organisation or group.

Section 46

Miscellaneous - Dissolution

Part XI: Miscellaneous

Section Dissolution Section The dissolution of an organisation may be either voluntary or by order of court.

Section 47

Miscellaneous - Voluntary dissolution

Part XI: Miscellaneous

Section Voluntary dissolution Section Where an organisation passes a resolution for voluntary dissolution, it shall, within fourteen days after passing the resolution— The members of the organisation may by resolution in accordance with the constitution of the organisation , dissolve the organisation . The voluntary dissolution of the organisation shall be taken to have commenced at the time of passing the resolution under subsection (1) . inform the Bureau of the resolution and the reasons for the resolution; and publish the resolution in the Gazette and in any newspaper with wide circulation in Uganda. A resolution for voluntary dissolution shall be registered with the Bureau and a copy sent to the Official Receiver within seven days after the date of passing the resolution. Where default is made in complying with this section, the organisation and every officer of the organisation who defaults commits an offence and is liable, on conviction, to a fine not exceeding thirty currency points. An organisation that makes a resolution for voluntary dissolution shall develop and submit to the Bureau and to the Official Receiver a statement of its affairs showing particulars of assets, l...

Section 48

Miscellaneous - Dissolution by High Court

Part XI: Miscellaneous

Section Dissolution by High Court Section Any person, organisation or Bureau may apply to court for an order of dissolution of an organisation , on any of the following grounds— The High Court shall have jurisdiction in matters of dissolution of organisations. defrauding the public; threatening national security; or gross violation of the laws of Uganda. Where a person lodges a complaint against an organisation under subsection (2) , the High Court shall inquire into the affairs of the organisation. Where an organisation is found guilty of any of the grounds stipulated in subsection (2) , the High Court shall move to dissolve the organisation. It is an offence to cause an organisation , when it is being wound up or dissolved, to transfer its remaining assets otherwise than in the manner contemplated by this Act and the laws of Uganda.

Section 49

Miscellaneous - Composition or scheme of arrangement

Part XI: Miscellaneous

Section Composition or scheme of arrangement Section An organisation that makes a resolution for voluntarily dissolution shall make a scheme of arrangement showing how the organisation intends to deal with its assets and liabilities. The scheme of arrangement shall be submitted to the Official Receiver and a copy shall be given to the Bureau . For avoidance of doubt, the scheme in subsection (1) shall consider the liabilities in accordance with the constitution of the organisation. The Official Receiver shall have powers to vary the scheme where he or she is of the view that the scheme may not meet the needs of all the creditors. The Official Receiver or a person appointed by the High Court shall oversee the disposal of assets and liabilities of the organisation in accordance with the scheme or the direction of the High Court. Where the organisation meets the requirements of this Act and the provisions set out in the scheme of arrangement, the members of the organisation shall apply to the High Court for an order of dissolution.

Section 50

Miscellaneous - Adjudication and appeals mechanism

Part XI: Miscellaneous

Section Adjudication and appeals mechanism Section A person aggrieved by a decision of the Subcounty Monitoring Committee or District Monitoring Committee under sections 18 and 19 of this Act, shall appeal— from a decision of the Subcounty Monitoring Committee to the District Monitoring Committee ; or from a decision of the District Monitoring Committee to the Bureau . Where the District Monitoring Committee or Bureau makes a decision against any organisation , it shall, in writing, inform the organisation of the reason for the decision.