Uganda Bureau of Statistics Act

Section Interpretation Section In this Act, unless the context otherwise requires— " authorised officer " means a person appointed as an authorised officer under section 10 and includes a supervisor, enumerator, coder and data entry clerk; " board " means the board of directors appointed under section 4 ; " bureau " means the Uganda Bureau of Statistics established by section 2 ; " census " means a statistical operation in which all units (whole population) of interest are enumerated; " chairperson " means the chairperson of the board appointed under section 4 ; " currency point " means the value specified in relation to currency point in the First Schedule to this Act; " executive director " means the chief executive of the bureau ; " financial year " means in respect of any accounting period, the period of twelve months ending 30th June; " lead agency " includes a Ministry, department or any other agency of Government, a local authority or an agency of a local authority and, generally, any other user or provider of statistics ; " member " means a member of the board of directors appointed under section 4 ; " Minister " means the Minister responsible for statistics ; " national st...

Section Establishment of the bureau, application of seal and executors of contracts Section Every document purporting to be— There is established the Uganda Bureau of Statistics. The bureau shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name and do or suffer all acts and things as bodies corporate may lawfully do or suffer. The common seal under subsection (2) shall be such a device as the board may determine and shall be kept in the custody of the secretary to the board . The common seal of the bureau shall not be fixed on any document except in accordance with a resolution of the board , and shall be authenticated by the signatures of the chairperson and the executive director . In absence of the chairperson , a board member shall be designated by the board to authenticate the common seal in place of the chairperson ; and in the absence of the executive director , the person for the time being performing the functions of the executive director shall authenticate in place of the executive director . The signatures of the chairperson , executive director or any other member of the board under this section shall be indep...

Section Objects and functions of the bureau Section The bureau in carrying out its objects under subsection (1) will— be responsible for— Without prejudice to the general effect of subsections (1) and (2), the bureau may, under this section, perform the following functions— The bureau shall be the principal data collecting and disseminating agency responsible for coordinating, monitoring and supervising the national statistical system to cover matters specified in the Fourth Schedule to this Act. providing high quality central statistics information services; promoting standardisation in the collection, analysis and publication of statistics to ensure uniformity in quality, adequacy of coverage and reliability of statistics information; providing guidance, training and other assistance as may be required to other users and providers of statistics ; promoting cooperation, coordination and rationalisation among users and providers of statistics at national and local levels so as to avoid duplication of effort and ensure optimal utilisation of scarce resources; promoting and being the focal point of cooperation with statistics users and providers at regional and international levels;...

Section Establishment of the board Section The board shall consist of the following— A member referred to in subsection (2) shall cease to be a member of the board if he or she— is removed from office by the Minister — The governing body of the bureau shall be a board . the chairperson ; the executive director ; a representative of the Ministry responsible for statistics ; a representative of the Institute of Statistics and Applied Economics of Makerere University; not more than three members appointed from among the major producers and users of statistics . The chairperson and the members referred to in subsection (2)(e) shall be appointed by the Minister from among persons who qualify for appointment by virtue of their professional qualifications and experience in statistics and business-oriented management. A person appointed under subsection (2), other than the executive director , shall hold office for a term of three years and shall be eligible for reappointment; but his or her tenure of office shall not exceed two consecutive terms. resigns; on the written recommendation of the board ; on the grounds of inability to perform the functions of his or her office by reason of inf...

Section Validity of proceedings of the board Section The validity of any proceedings of the board shall not be affected by any vacancy among its members or by any defect in the appointment of any of them.

Section Functions of the board Section The functions of the board shall be— to establish rules and procedures for— to formulate policy guidelines and to monitor the implementation of the bureau ’s plans and programmes; to approve the annual budget and action plan for the bureau ; to make or approve senior staff appointments; to determine from time to time the bureau ’s structure, staffing levels and terms and conditions of service; the appointment, career development and disciplining of staff; the purchase of goods and services and for the disposal of assets; the proper management of the bureau ’s finances and assets; to keep the Minister informed of the progress of the business of the bureau at three-month intervals; to perform any other functions as may be approved by the Minister in writing on the recommendation of the board . The board may, subject to such conditions and restrictions as it may impose, delegate any of its functions under subsection (1) to a committee of the board or to the executive director except its power to delegate.

Section Authorised officers Section The board may, in consultation with the relevant appointing authority, in writing, designate, on temporary terms, additional persons as authorised officers for the purpose of collecting specific statistical information under this Act and on such terms and conditions as the board and the relevant appointing authority may determine. In this section, "relevant appointing authority" means the person or authority responsible for the appointment of the authorised officer in his or her substantive post, if any.

Section Protection of members and staff from personal liability or negligence Section A member of the board shall not be personally liable for an act done by him or her in good faith and without negligence for the purpose of carrying into effect the provisions of this Act. An employee or other person acting on behalf of the bureau shall not be personally liable for any act done by him or her in good faith and without negligence for the purpose of carrying into effect the provisions of this Act.

Section Oath of office and secrecy Section A person employed in carrying out any of the provisions of this Act shall, before commencing the duties relating to those provisions, take and subscribe before a magistrate, commissioner for oaths or the executive director , the oath of office and secrecy prescribed in the Third Schedule to this Act.

Section The executive director Section There shall be an executive director appointed by the Minister on the recommendation of the board on terms and conditions determined by the board . The executive director shall be the chief executive officer of the bureau and shall be responsible for implementing board policies. Subject to this Act and the general supervision and control of the board , the executive director shall be responsible for the management of the funds, property and business of the bureau and for the administration, organisation and control of the staff of the bureau . The executive director shall be a member of the board . A person shall not be appointed executive director unless he or she has good knowledge of statistics and has proven managerial ability.

Section Secretary to the board Section The secretary to the board shall perform such functions as the board may direct and, in addition, shall be responsible for— There shall be a secretary to the board appointed by the board on such terms and conditions as the board may determine. arranging the business at meetings of the board ; taking minutes of meetings of the board ; and keeping records of decisions and other policy records of the board . The secretary shall in the performance of his or her duties be responsible to the executive director .

Section Other staff Section The board shall engage such other 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 that the board may determine. Without prejudice to the generality of subsection (2), the board may provide for the 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.

Section Census Section Every order made under subsection (1) may specify— The Minister may, on the recommendation of the board , direct, by statutory order, that a census be taken, where applicable, on any matter specified in the Fourth Schedule to this Act. the date or dates on or between which the census is to be taken; and the information to be obtained in the census .

Section Statistics Section The bureau shall collect statistics for Uganda concerning matters specified in the Fourth Schedule to this Act. The executive director may, with the approval of the board , appoint any technical committee to advise him or her in the performance of his or her functions under this Act.

Section Census and survey by other agencies Section All initiatives by agencies other than the bureau to conduct censuses and surveys at the national level shall be presented to the board for consideration and approval. The Minister may, on the recommendation of the board , by statutory instrument, make rules concerning the procedures to be followed with respect to proposals submitted to the board under subsection (1).

Section Power to obtain particulars Section An officer appointed under section 9 or an authorised officer may require any person to supply him or her with particulars either— Where any statistical information is being collected in accordance with this Act, the executive director , an officer of the bureau or an authorised officer may require any person to supply him or her with such particulars as may be prescribed, or such of those particulars as the executive director may consider necessary or desirable in relation to the collection of the information. A person on being required to give information under subsection (1) shall, to the best of his or her knowledge and belief, complete the forms, make the returns, answer the questions and give all necessary information, in the manner and within the time specified by the executive director . In the exercise of his or her duty under subsection (2), the executive director shall not specify a period less than seven working days. by interviewing that person; or by sending, by telegraphic transfer or by leaving at or posting to his or her last address, a form containing a notice requiring the form to be completed and returned in the manner...

Section Power of entry and inspection Section An authorised officer may at all reasonable times with the written authorisation of the executive director , for any purpose connected with the collection of statistical information, enter and inspect any land, building, vehicle, vessel or aircraft where persons are employed and may make such inquiries as may be necessary for the collection of the information, except that nothing in this section shall entitle an authorised officer to enter any dwelling house except for a purpose connected with the collection of statistical information.

Section Confidentiality Section Except for the purpose of a prosecution under this Act— Notwithstanding the restrictions under subsection (1), the executive director may release unit records on computer media, with identifiers removed, if— no individual return or part of the return made for the purpose of this Act; no answer given to any question put for the purposes of this Act; no report, abstract or document, containing particulars contained in any such return or answer and so arranged as to render possible identification of those particulars with any person, business or undertaking; and no data set or part of a data set stored in a computer or any other electronic media, Subsection (1) does not apply where the person, business or undertaking has published the return, answer, report, abstract or document and opened up a computerised data set for general access. Nothing in this section shall prevent or restrict the publication of any report, abstract or document without the consent referred to in subsection (1) where the particulars contained in the report, abstract or document render identification possible merely by reason of the fact that they relate to an undertaking or busin...

Section Dissemination of statistical data Section The executive director shall ensure that any statistical data collected, after appropriate processing and ascertaining its quality for accuracy, and also after ensuring confidentiality with respect to any individual who provided any statistical information to which section 18 relates, is released for general dissemination.

Section Relationship with other lead agencies Section The bureau shall, in promoting and facilitating development of an integrated national statistical system or in the exercise of any other function under this Act, consult and cooperate with other lead agencies having duties related to or having aims or objectives related to those of the bureau . The bureau may, on such terms and conditions considered necessary, delegate any of the executive director ’s functions under this Part to any person. All lead agencies shall cooperate with the bureau in carrying out its functions under this Act.

Section Funds of the bureau and investment of surplus funds Section The funds of the bureau shall consist of— money appropriated from time to time by Parliament; loans approved by the Government; grants, gifts and donations received by the bureau from any source approved by the Minister ; any money that may become payable to the bureau in the discharge of its objects and functions under this Act. All income and monies of the bureau shall be deposited to the credit of the bureau in a bank approved by the board and shall not be withdrawn except with the approval of, and in the manner determined by, the board . Any funds of the bureau not immediately required for any purpose under this Act shall be invested in such a manner as the board may, with the approval of the Minister , determine.

Section Estimates Section The executive director shall, not later than three months before the end of each financial year , prepare and submit to the board for its approval and recommendation to the Minister , estimates of income and expenditure of the bureau for the next ensuing financial year , and may at any time before the end of the financial year prepare and submit to the board for approval and recommendation to the Minister any estimates supplementary to the estimates of the current year. No expenditure shall be made out of funds of the bureau unless that expenditure is part of the expenditure approved by the Minister under subsection (1).

Section Accounts Section Subject to any directions given by the Minister , the board shall cause to be prepared in respect of each financial year , and not later than three months after the close of the financial year , a statement which shall include a report on the performance of the bureau during that financial year , and the statement shall comprise— The bureau shall keep proper books of account. a balance sheet and a statement of income and expenditure of the bureau in respect of that financial year ; and any other information in respect of the financial affairs of the bureau as the Minister may, in writing, require.

Section Audit Section The accounts of the bureau shall, in respect of each financial year , be audited by the Auditor General or by an auditor appointed by the Auditor General. The board shall ensure that within four months after the close of each financial year , the statement of account described in section 23 is submitted for auditing. The Auditor General shall, within two months after receipt of the statement of account under subsection (2), audit the accounts and deliver to the board a copy of the audited accounts together with his or her report on them stating any matter which in his or her opinion should be brought to the attention of the Minister . The board shall deliver to the Minister a copy of the audited accounts together with the auditor’s report under subsection (3).

Section Annual report Section The board shall, within three months after the end of each financial year , submit to the Minister a report of the activities of the bureau in respect of that financial year , and the report shall include a record of the performance of the bureau during that financial year and its future plans.

Section Minister’s report to Parliament Section The Minister shall submit to Parliament within nine months from the end of the financial year — the audited accounts and the auditor’s report on the bureau under section 24 ; and the annual report of the bureau submitted to him or her under section 25 .

Section Evidence Section A certificate or written statement purporting to have been made and signed by a member , the executive director , a person appointed under section 8 or by an authorised officer shall, in any criminal proceedings in respect of an offence under this Act be prima facie evidence of the facts stated in it, and it shall not be necessary to tender oral evidence of those acts unless the court before which the proceedings are held so directs; and in that case, a postponement shall be allowed to enable the person whose oral evidence is required to attend.

Section Offences and penalties Section Any person employed in the execution of any duty under this Act who— Any person who— refuses or neglects— by virtue of the employment or duty becomes possessed of information which might influence or affect the market value of any share or other security, interest, product or article and who before the information is made public, directly or indirectly uses it for personal gain; without lawful authority, publishes or communicates to any person other than in the ordinary course of his or her employment any information acquired by him or her in the course of the employment or duty; or knowingly compiles for issue any statistics or statistics information, Any person who, being in possession of any information which to his or her knowledge has been disclosed in contravention of this Act, publishes or communicates that information to any other person commits an offence and is liable on conviction to a fine not exceeding sixty currency points or imprisonment not exceeding two years or both. hinders or obstructs an authorised officer in the lawful performance of any duties or in the lawful exercise of any power imposed or conferred on him or her unde...

Section Transfer of assets and liabilities Section All assets and liabilities which were vested in the statistics department immediately before the commencement of this Act shall vest in the bureau .

Section Service of documents Section Without prejudice to any other law relating to the service of document, a document served on the bureau may be served by leaving it at the office of the executive director .

Section Regulations Section Without prejudice to the general effect of subsection (1), regulations may be made under it for— The Minister may, by statutory instrument, make regulations for giving effect to this Act. prescribing any fees for anything done by the bureau in carrying out its objects; prescribing penalties in respect of any contravention of the regulations not exceeding a fine of fifty currency points or imprisonment not exceeding twelve months or both.

Section Amendment of Schedules Section The Minister may, on the advice of the board , by statutory instrument, amend any of the Schedules to the Act.