Uganda National Commission for UNESCO Act, 2014

Section Interpretation Section In this Act, unless the context otherwise requires— “ Board ” means the governing body of the Commission established by section 6 ; “ Chairperson ” means the Chairperson of the Commission appointed under section 6(7) ; “ civil society organisation ” means an aggregate of non-governmental organisations, institutions and individuals in a society whose activities are independent of the Government ; “ Commission ” means the Uganda National Commission for UNESCO ; “ Government ” means the Government of Uganda; “ Minister ” means the Minister responsible for education; “ organs of UNESCO ” includes the UNESCO General Conference, the UNESCO Executive Board and the UNESCO Secretariat; “ Secretary General ” means the Secretary General of the Commission appointed under section 13 and includes a Deputy Secretary General; “ Uganda’s Permanent Delegation to UNESCO ” means the office established for the representation of Uganda at the UNESCO headquarters in Paris; “ UNATCOM ” means the Uganda National Commission for UNESCO ; “ UNESCO ” means the United Nations Educational, Scientific and Cultural Organisation; “ UNESCO fellowship holder ” means a person sponsored f...

Section Committees of Board Section The Commission may appoint committees of the Board — to inquire into and advise the Board on any matter concerning the functions of the Commission , as the Board may refer to the committee; and to exercise the powers or perform functions of the Commission , as the Board may delegate or refer to the committee. A committee appointed under subsection (1) shall consist of a Chairperson and other persons, whether members of the Board or not, as the Board may determine. The Board may require a committee appointed under this section to act jointly or in cooperation with any other committee of the Commission . Subject to any direction given by the Board , a committee appointed under this section may regulate its own procedure.

Section Delegation of functions of Board Section The Board may, by instrument of delegation, delegate to the Chairperson , a member of the Board , an officer of the Commission or to a committee established under section 10 , any of the powers, duties or functions of the Commission under this Act. The terms and conditions regulating the exercise of the powers delegated under this section shall be contained in the instrument of delegation. A person aggrieved by the decision of a delegate in the exercise of powers under this section may appeal to the Board . A person shall, in the exercise of a delegated power under this section, comply with directions or guidelines as the Board may, in writing, issue.

Section Establishment of Uganda National Commission for UNESCO Section There is established a commission to be known as the Uganda National Commission for UNESCO ( UNATCOM ), in this Act referred to as the Commission . The Commission shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name. The Commission may, for and in connection with its objects and functions under this Act, purchase, hold, manage and dispose of any property, whether movable or immovable, and may enter into any contract and other transactions as may be expedient and may do any other act or thing as in law may be done by a body corporate, subject to this Act.

Section Object of Commission Section The object of the Commission is to contribute to peace, justice, security, the rule of law and maintenance of human rights and freedoms for the common welfare of humanity through— education, sciences, culture, communication and information in Uganda; and the involvement of Ministries, departments and agencies of Government , civil society organisations and individuals, in the affairs and programmes of the Commission and of UNESCO .

Section Functions of Commission Section The functions of the Commission are— to promote the understanding of the objects and purposes of UNESCO among the people of Uganda; to advise the Government on matters relating to UNESCO ; to serve as a liaison agency between Government and the institutions concerned with the advancement of education, sciences, culture, communication and information; to approve and recommend all UNESCO activities and programmes in Uganda; to advise Ministries, departments and agencies of Government , civil society organisations and individuals on the resolutions, recommendations and any other matter adopted by the organs of UNESCO , and follow up on their implementation; to participate in the planning and execution of activities entrusted to UNESCO which are undertaken with the assistance of the Government , United Nations agencies and any other international organisations or development partners; to disseminate information to the public on the programmes and activities of UNESCO ; to collaborate with other national commissions for UNESCO , UNESCO field offices, United Nations agencies and other partners in fostering regional, subregional and bilateral cooper...

Section Powers of Minister Section The Minister may, in writing, give policy guidelines to the Commission regarding the performance of its functions under this Act. The Commission shall comply with the policy guidelines given by the Minister under subsection (1) .

Section Board of Commission Section The members appointed under subsection (2) shall include— five other members with professional experience in any of UNESCO fields of competence and who possess qualities likely to be beneficial to the Board , of whom at least— The Commission shall have a Board , which shall be the governing body of the Commission . The Board shall consist of nine members appointed by the Minister with the approval of Cabinet. a representative of the Ministry responsible for education; a representative of the Ministry responsible for culture; a representative of the Ministry responsible for tourism; a representative of the Ministry responsible for information; a representative of persons with disabilities nominated by the national council for persons with disabilities; and one person shall be nominated by the organisation representative of the youth to represent their interests; one person shall be nominated by the organisation representative of the private sector to represent their interests; one person shall be nominated by the organisation representative of the civil society sector to represent their interests. The members of the Board referred to in subsection...

Section Tenure of office of members of Board Section The appointment of a member may be revoked by the Minister in writing— The appointed members of the Board shall hold office on terms and conditions specified in their instruments of appointment. A member of the Board shall hold office for three years and is eligible for re-appointment for one more term. An appointed member may resign his or her office by notice in writing addressed to the Minister , and the resignation shall take effect from the date on which the Minister receives the notice. if the appointed member is absent from three consecutive meetings of the Board without reasonable cause; on grounds of incapacity to perform the functions of his or her office arising out of infirmity of body or mind; on grounds of negligence in the performance of his or her functions; if the appointed member is adjudged or otherwise declared bankrupt under any law in force in Uganda; for misbehaviour, misconduct or incompetence; or if the appointed member is convicted of a criminal offence in respect of which the penalty imposed exceeds six months imprisonment. Where the office of an appointed member becomes vacant, the Minister may appoint...

Section Functions of Board Section The functions of the Board shall be— to formulate and review the policy of the Commission ; to carry out the objects and functions of the Commission ; to set targets for the annual performance of the Commission ; to monitor and evaluate the performance of the management of the Commission ; to determine the organisational structure and staffing of the Commission ; to consider and approve the plans of the Commission ; to supervise the management of the property and business of the Commission ; and to perform any other functions prescribed by or under this Act and regulations or as may be directed in writing by the Minister .

Section Meetings of Board and related matters Section The Board shall meet at least once every three months for the purpose of discharging its functions under this Act. The meetings of the Board shall be conducted in the manner specified in the Schedule to this Act.

Section Secretariat of Commission Section The Commission shall have a secretariat which shall be responsible for the day-to-day operations of the Commission and for implementing the decisions of the Commission .

Section Secretary General of Commission Section The Secretary General shall be the Chief Executive Officer of the Commission , and subject to the general supervision and control of the Board , shall be responsible for— The Minister may, on the recommendation of not less than two-thirds of the members of the Board , remove the Secretary General from office for— There shall be a Secretary General of the Commission who shall be appointed by the Minister on the recommendation of the Board and on terms and conditions specified in the instrument of appointment. The Secretary General shall hold office for four years and is eligible for re-appointment for one more term. the day-to-day operations of the Commission ; the management of the funds of the Commission ; the administration and management of the property of the Commission ; the supervision and control of the officers and other staff of the Commission ; and advising the Board on any matter relating to the functions of the Board . The Secretary General shall be a person of high moral character and proven integrity, with the relevant qualifications and experience relating to any of UNESCO ’s fields of competence. inability to perform t...

Section Deputy Secretary General Section There shall be a deputy secretary general to the Commission who shall be appointed by the Minister , on the recommendation of the Board , on terms and conditions specified in the instrument of appointment. The Deputy Secretary General shall hold office for four years and is eligible for re-appointment for one more term. The Deputy Secretary General shall deputise the Secretary General .

Section Other officers and staff of Commission Section The Board may appoint officers and staff of the Commission as may be necessary for the proper and efficient performance of the functions of the Commission . The officers and staff appointed under this section shall hold office on terms and conditions determined by the Board and specified in their instruments of appointment.

Section Protection of members and employees from personal liability Section A member of the Board or an employee of the Commission or a person acting on the directions of such a person 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 Commission .

Section Establishment of Uganda’s Permanent Delegation to UNESCO Section There is established an office to be known as Uganda’s Permanent Delegation for the representation of Uganda at the UNESCO headquarters in Paris. The Minister shall, in consultation with the Board , appoint officers and staff to the office of Uganda’s Permanent Delegation as may be necessary for the proper and efficient discharge of the functions of the Commission under this Act.

Section Remuneration of members of Board Section The Chairperson and members of the Board shall be paid remuneration or allowances as the Minister may specify in their instruments of appointment.

Section Remuneration of committee members Section Members of a committee appointed under section 10 shall be paid remuneration or allowances as the Board may determine.

Section Remuneration of Secretary General Section The Secretary General shall be paid remuneration or allowances as the Board may with the written approval of the Minister , in consultation with the Minister responsible for finance and the Minister responsible for public service, determine.

Section Remuneration of other officers and staff Section The officers and staff of the Commission shall be paid remuneration or allowances as the Board may, in consultation with the Minister responsible for finance and the Minister responsible for public service, determine.

Section Funds of Commission Section The funds of the Commission shall include— money appropriated by Parliament for the purposes of the Commission ; loans, grants, donations and gifts from sources within and outside Uganda, with the approval of the Minister responsible for finance; earnings from investments; and such other sums of money as may become payable to the Commission in the discharge of its functions under this Act.

Section Duty to operate on sound financial principles Section The Commission shall, in the performance of its functions under this Act, have due regard to sound financial principles.

Section Power to open and operate bank accounts Section The Board shall, in consultation with the Accountant General, open and maintain such bank accounts as are necessary for the performance of the functions of the Commission . The Secretary General shall ensure that all money received by or on behalf of the Commission is banked as soon as practicable. The Secretary General shall ensure that no money is withdrawn from or paid out of any of the bank accounts of the Commission , without the authority of the Board .

Section Borrowing powers Section The Board shall, with the approval of the Minister and the Minister responsible for finance, borrow money from any source as may be required for meeting its obligations or for the discharge of the functions of the Commission under this Act. The Commission may, with the prior approval of the Minister for the purpose of any borrowing under subsection (1) , charge any asset or property of the Commission with the repayment of any money so borrowed.

Section Investment of surplus funds Section Any funds of the Commission not immediately required for any purpose under this Act may be invested in a manner which the Board may, with the approval of the Minister , after consultation with the Minister responsible for finance, determine.

Section Estimates Section The Secretary General shall, within three months before the commencement of each financial year, cause to be prepared and submitted to the Board for its approval, estimates of the income and expenditure of the Commission for the next financial year. The Board shall, within two months of receipt of the estimates referred to in subsection (1) , cause to be submitted to the Minister for his or her approval, the estimates of income and expenditure as approved by the Board .

Section Financial year Section The financial year of the Commission 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 Accounts Section The statements of accounts shall include— The Secretary General shall cause to be kept, proper books of accounts and records of the transactions of the Commission in accordance with accepted accounting principles. Subject to any direction given by the Board , the Secretary General shall cause to be prepared an annual financial statement stating the basis of accounting and shall identify any significant departure from it and the reasons for the departure. a balance sheet, an income and expenditure account and a source and application of the Commission ’s statement; and any other information in respect of the financial affairs of the Commission as the Auditor General or an auditor appointed by the Auditor General may, in writing, require.

Section Audit Section The Auditor General or an auditor appointed by the Auditor General shall, in each financial year, audit the accounts of the Commission . The Board shall ensure that three months after the end of each financial year, a statement of accounts is submitted to the Auditor General or an auditor appointed by the Auditor General for auditing. The Auditor General or an auditor appointed by the Auditor General shall have access to all books of accounts, vouchers and other records of the Commission and is entitled to any information and explanation required in relation to those records.

Section Annual report Section The Board shall submit to the Minister , within three months after the end of each financial year, a report on the activities and operations of the Commission for that financial year. The Commission shall submit to the Minister the audited financial statements of the Commission , together with the report referred to in subsection (1) . The Minister shall, within two months after receipt of the report submitted to him or her under subsection (1) , table the report before Parliament. Notwithstanding the provisions of this section, the Commission shall produce annual reports to local governments and cultural institutions.

Section Official seal of Commission Section An instrument or contract which, if executed or entered into by a person other than a body corporate would not require to be under the official seal, may be executed or entered into on behalf of the Commission by— The official seal of the Commission shall be in a form determined by the Board . The official seal shall, when affixed to any document, be authenticated by the signatures of the Secretary General and one other member of the Board and in the absence of the Secretary General , the person performing the functions of the Secretary General shall sign. the Secretary General ; or any member of the Board or any other person if that member of the Board or other person has been duly authorised by resolution of the Board to execute or enter into the instrument or contract, as the case may be. Every document purporting to be an instrument or contract executed or issued by or on behalf of the Commission in accordance with this section shall be deemed to be so executed or issued until the contrary is proved.

Section Service of documents Section Any notice or document may be served on the Commission by delivering it at the office of the Secretary General , or by sending it by pre-paid registered post or through electronic modes of communication, to the Secretary General .

Section Regulations Section The Minister may, by statutory instrument in consultation with the Board , make regulations generally for the better carrying into effect the provisions of this Act. A statutory instrument made under this section shall be laid before Parliament.