Uganda National Meteorological Authority Act, 2012

Section Commencement Section This Act shall come into force on a date to be appointed by the Minister by Statutory Instrument.

Section Interpretation Section In this Act, unless the context otherwise requires— " Authority " means the Uganda National Meteorological Authority established by section 3 ; " Board " means the Uganda National Meteorological Board established by section 5 ; " climate " means the average or mean weather conditions of a place as determined by the daytoday values of the meteorological or weather elements that affect a locality covering a reasonably long period such as 30 years; " climate change " means a significant change in the climate with a definite trend in at least one of the weather elements; the change must be recorded over an extended period, typically a decade or longer to differentiate it from climate variability which, although a major meteorological hazard, has no definite trend; " Congress " means the Congress of the World Meteorological Organisation ; " Constituent body " means a constituent body of the World Meteorological Organization which includes the Executive Council, the Regional Associations or Technical Commissions; " Convention " means the Convention of the World Meteorological Organization which was concluded in Washington D.C. on 22nd September 1947; " curr...

Section Remuneration of Board members Section The Chairperson and members of the Board shall be paid such remuneration as the Minister may in consultation with the Ministers responsible for Public Service and Finance, Planning and Economic Development determine.

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 Board or to a committee established under section 13 , any of the powers, duties or functions of the Board under this Act other than— The Board may delegate to any competent person, the power to— the power to make regulations; the duty to take such action as is necessary to enforce the requirements in any regulations and licence, and to protect the health and safety of workers and the public. collect meteorological data; disseminate information relating to meteorology; ensure security of installations; and recruitment of staff. 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 person to whom functions and powers have been delegated under this section may appeal to the Board . A person shall, in the exercise of a delegated power under this section, comply with such directions or guidelines as the Board may, from time to time, communicate in writing. Where the board delegates powers under su...

Section Meetings of the Board Section Schedule 2 has effect in relation to meetings of the Board and to other matters provided for in it.

Section Committees of the Board Section The Board may appoint committees of the Board — to inquire into and advise the Board on any matter concerning the functions of the Board as it may refer to the committee; and to exercise such powers or perform such functions of the Board as the Board may delegate or refer to the committee under section 11 . 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 shall specify the terms and conditions of service of the members of the committee appointed under this section in writing. Members of a committee appointed under this section may be paid such allowances as the Board may determine. The Board may require a committee appointed under this section to act jointly or in co-operation with any other committee. Subject to any direction given by the Board , a committee appointed under this section may regulate its own procedure.

Section Executive Director Section The Authority shall have an Executive Director who shall be appointed by the Minister on the recommendation of the Board , on terms and conditions specified in his or her instrument of appointment. The Executive Director shall be the chief executive and accounting officer of the Authority employed on a full time basis. The Executive Director shall be a person of high moral character and proven integrity, with relevant qualifications and experience relating to the functions of the Authority . The Executive Director shall not be more than 65 years of age.

Section Duties of Executive Director Section Subject to this Act and to the general supervision and control of the Board , the Executive Director shall perform the following duties— In the performance of his or her duties, the Executive Director shall observe the following principles— to ensure implementation of the functions of the Authority ; to ensure that the meteorology services are provided in a timely and business like manner; to identify areas in which meteorology instruments may be installed; to ensure that meteorological services are provided to the end user efficiently, effectively and in a cost effective manner; and to carry out functions which the Minister may consider desirable for the proper functioning of the Authority , provide meteorological services to customers and the public in the most efficient and effective manner; manage the affairs of the Authority in a business-like and cost-effective manner and in accordance with modern management practices and techniques and, in particular, apply in its operations the best standards of financial management and accounting; and ensure that the Authority operations are designed for the provision of the best services to its...

Section Power to install meteorological instruments Section The Authority may, install, construct, place or maintain equipment, apparatus or other instruments in, on, over or under any land, water course, body or branch of the sea or lake, for the purposes of recording and making any meteorological observations, provided that the Authority shall not acquire any right other than that of the user in the property in, on, over or under which the equipment, apparatus or instruments are installed, constructed, placed or maintained. The Authority shall not install, construct, place or maintain any equipment, apparatus, or other instruments in, on, over or under any property unless he or she has given reasonable notice of its intention to exercise such power to the owner or occupier of the property or to the local Agency having control or management of the property.

Section Delegation of functions and powers by the Executive Director Section The Executive Director may from time to time in writing under his or her hand either generally or particularly delegate to such officer or officers all or any of the powers exercisable by him or her under any written law but not including the power of delegation. Subject to any general or special direction given or condition attached by the Executive Director , the officer to whom powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on him or her directly by this section and not by delegation. The Executive Director shall, in the performance of his or her functions, be answerable to the Board .

Section Tenure of office of Executive Director Section The Executive Director shall cease to hold office if— The Executive Director may be removed from office by the Minister on the recommendation of the Board for— misbehavior or misconduct— The Executive Director shall hold office for five years and is eligible for re-appointment for one more term. he or she resigns; he or she is declared or becomes bankrupt or insolvent or has made an arrangement with his or her creditors; he or she is convicted of a criminal offence, in Uganda or elsewhere, in respect of which the maximum penalty exceeds six months imprisonment without the option of a fine. inability to perform the functions of his or her office arising from infirmity of body or mind; that he or she has conducted himself or herself in a manner which brings or is likely to bring the Authority into disrepute; that he or she has dishonestly done any act or omission which is prejudicial to the Authority ; or incompetence.

Section Other officers and staff of the Authority Section There shall be officers and staff of the Authority as may be necessary for the effective performance of the functions of the Authority . The officers and staff shall be appointed by the Board on the advice of the Executive Director . The officers and staff appointed under this section shall hold office on such terms and conditions as the Board may determine and specify in their instruments of appointment.

Section Independence of the Authority Section The Authority shall, subject to the declared policy of the Government and except as otherwise provided in this Act, be independent in the performance of its functions and duties and exercise its powers and shall not be subject to the direction or control of any person or organ. The Minister may in writing give to the Authority directives of a policy nature and the Authority is obliged to comply with the directives.

Section Powers of the Minister Section The Minister may give directions in writing to the Authority with respect to the policy to be observed and implemented by the Authority , and the Authority shall comply with those directions. Directions given by the Minister under subsection (1) shall not adversely affect or interfere with the independence of the Authority or the performance of the functions and exercise of the powers of the Authority under this Act. The Minister shall cause a copy of any directions given to the Authority under subsection (1) to be published in the Gazette .

Section Establishment of the Authority Section The Authority shall be a body corporate with perpetual succession and an official seal and may for the discharge of its functions under this Act— There is established the Uganda National Meteorological Authority . acquire, hold and dispose off moveable and immovable property; sue and be sued in its corporate name; and do all acts and things as a body corporate may lawfully do. The Authority shall be under the general supervision of the Minister . The official seal of the Authority 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 Executive Director and one other member of the Board . In the absence of the Executive Director , the person performing the functions of the Executive Director shall sign. An instrument or contract which if executed or entered into by a person other than a body corporate would not require to be under seal may be executed or entered into on behalf of the Board by the Chairperson or by any member of the Board or any other person if that member of the Board or other person has been duly authorized by resolution of the Boar...

Section Functions of the Authority Section The functions of the Authority are— to establish and maintain systems for the rapid exchange of meteorological and related information; to establish networks of stations for taking, recording and transmitting meteorological observations as well as hydrological and other geophysical observations related to meteorology; to establish and maintain an effective national weather forecasting centre for short, medium, and long term applications using state-of-the-art technology and contemporary best practices; to apply meteorology to aviation, marine transport, water resources management, agriculture, health, national defence and security, disaster preparedness, and other developmental activities; to research and train in meteorology and in related fields and to coordinate national, regional, and international aspects of the research and training; to establish a framework under which aeronautical meteorological services are paid for at commercial rates by end users at a rate to be determined by Regulations under this Act and to ensure that the framework is updated periodically; to establish and maintain a total quality management system in its ope...

Section Board Section The governing body of the Authority shall be a Board . The Board shall consist of a Chairperson and six other members appointed by the Minister with the approval of Cabinet. At least one-third of the members of the board appointed under subsection (2) shall be women. In appointing the persons referred to in subsection (2), the Minister shall have regard to the technical experience or qualifications of the persons in matters relating to either management, business, financial management, meteorology or environmental sciences. The Minister shall appoint the Chairperson of the Board from among the members appointed under subsection (2). The Executive Director shall act as the Secretary to the Board and shall be an ex officio member.

Section Qualifications of Board members Section A person shall not be appointed to the Board who— The members of the Board shall be persons of high moral character and proven integrity who are qualified in terms of section 5 (4). The members of the Board shall hold office on terms and conditions specified in their instruments of appointment. has been convicted of an offence under this Act or of an offence involving dishonesty or fraud by a competent court in or outside Uganda; has been convicted of an offence and sentenced to a term of imprisonment for six months or more by a competent court in or outside Uganda; is an undischarged bankrupt, or has made any assignment or arrangement with his or her creditors; or is a Member of Parliament, a Minister or a member of a local government council.

Section Functions of the Board Section The functions of the Board are— without prejudice to the generality of paragraph (b), the Board shall monitor the implementation processes and shall consider and advise the Minister in relation to activities including— to approve annual plans and budgets for the Authority and have them assented to by the Minister ; to monitor the implementation of the Authority 's plans and programs; to oversee the proper management of finances and assets of the Authority ; to review regularly the Authority 's structure, staffing levels, emoluments and terms and conditions; to make and approve officers and staff appointments; to consider and advise the Minister in relation to matters affecting meteorological services as it may from lime to lime consider appropriate or which may be referred to it by the Minister ; meteorology legislation including legislation and measures necessary to give effect to the Convention and any Annexes to the Convention , other relevant international conventions, treaties, protocols and memoranda of understanding to which Uganda is a party relating to meteorology; measures necessary to give effect to the resolutions and recommendatio...

Section Tenure of the Board Section The Minister may, at any time, remove a member of the Board — for misbehavior or misconduct— A member of the Board shall hold office for three years and is eligible for re-appointment for one more term. A member of the Board may, at any time, resign his or her office by letter addressed to the Minister , giving notice of not less than one month. for inability to perform the functions of his or her office arising from infirmity of body or mind; that he or she has conducted himself or herself in a manner which brings or is likely to bring the Authority into disrepute; or that he or she has dishonestly done any act or omission which is prejudicial to the Authority ; for incompetence; for absence, without prior permission of the Chairperson, or without reasonable cause to the satisfaction of the Minister for more than four consecutive meetings of the Board , or absence from Uganda for more than twelve months; for bankruptcy or insolvency; for conviction of a criminal offence, in or outside Uganda, in respect of which the maximum penally exceeds six months imprisonment without the option of a fine; or if information relating to the conduct of a member...

Section Filling of vacancies on the Board Section Where a member of the Board resigns, dies, is removed from office, ceases to be a member of the institution or body which he or she represents on the Board or is for any other reason unable to act as a member of the Board , the Chairperson shall notify the Minister of the vacancy and the Minister shall, in accordance with section 6 appoint another person to hold office for the unexpired portion of the member's term of office. Where the member of the Board referred to in subsection (1) is the Chairperson of the Board , the Secretary to the Board shall notify the Minister of the vacancy and the Minister shall appoint another person to the office of the Chairperson for the unexpired portion of the Chairperson's term of office.

Section Funds of the Authority Section The funds of the Authority shall consist of— The funds of the Authority may be applied— monies appropriated by Parliament for the purposes of the Authority ; grants, monies or assets donated to the Authority by Government or other sources with the approval of the Minister responsible for finance; any revenue derived from the sale of any property, movable or immovable by or on behalf of the Authority or meteorological services rendered by the Authority ; and fees charged for services and activities rendered by the Authority under this Act. for the payment and discharge of its expenses, obligations or liabilities incurred in connection with the performance of its functions or exercise of its powers under this Act; and for payment of any remuneration or allowances payable under this Act.

Section Borrowing powers Section The Authority may, 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 Authority under this Act.

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

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 income and expenditure of the Authority . The Board shall, within two months after 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 of Authority Section The financial year of the Authority shall be the same as the financial year of the Government.

Section Accounts Section Subject to any direction given by the Board , the Executive Director shall cause to be prepared and submitted to the Minister and shall also publish in the Gazette in respect of each financial year, and not later than three months after the end of the financial year, a statement of accounts, which shall include— The Executive Director shall cause to be kept, proper books or accounts and records of the transactions of the Authority in accordance with accepted accounting principles. a balance sheet, an income and expenditure account and a source and application of Authority 's statement; and any other information in respect of the financial affairs of the Authority as the Minister may, in writing, require.

Section Audit of accounts of the Authority Section I he accounts of the Authority shall in each financial year, be audited and reported upon by the Auditor General.

Section Causing damage to meteorological equipment Section Any person who destroys, damages or interferes in any way with any equipment, apparatus, or instrument installed, constructed, placed or maintained in pursuance of powers conferred on the Authority by section 16 , commits an offence and is liable on conviction to a fine not exceeding one hundred and twenty currency points or imprisonment not exceeding five years, or both. In addition, the court before which the person referred to in subsection (1) is convicted, may order the offender to pay to the Authority a sum equal to the cost of replacement and repairing any damage so caused and that sum shall be recovered in the same manner as if it were a fine.

Section Unlawfully carrying out weather modification activities Section No person may engage, attempt to engage, in any weather modification activities in the Republic of Uganda unless he or she submits to the Executive Director a written request for permission and in a prescribed form and containing information as the Executive Director may prescribe. Where a person is granted permission by the Executive Director , the person shall be required to submit reports to the Executive Director before, during and after any such activity or attempt. The Executive Director shall maintain records of weather modification activities in the Republic of Uganda and publish summaries of the records from time to time as appropriate.

Section Giving false information on weather Section A person who, knowingly and intentionally, gives false information relating to the weather commits an offence and is liable on conviction to a fine not exceeding forty eight currency points or imprisonment not exceeding two years or both.

Section Obstructing an officer from performing his or her duties Section A person shall not obstruct any officer of the Authority from performing his or her duties under this Act. A person who obstructs the officer referred to in subsection (1) commits an offence and is liable on conviction to a fine not exceeding forty eight currency points or to imprisonment not exceeding two years or both.

Section Issue of unauthorized forecasts and publications Section Any person who without authorization in writing of the Executive Director makes weather observations, issues weather forecasts, releases climate information to the public commits an offence and is liable on conviction to a fine not exceeding forty eight currency points or to imprisonment not exceeding two years or both.

Section Importation of meteorological tools Section A person shall not import any meteorological equipment or tools into Uganda except under licence issued by the Executive Director . A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding forty eight currency points or imprisonment not exceeding two years or both; and the goods imported by the person convicted contrary to subsection (1) may be forfeited to the state by the Executive Director . Any person who imports into Uganda meteorological tools and equipment which are sub standard according to World Meteorological Organisation (WMO) standards commits an offence and the Executive Director shall have powers to confiscate the tools and equipment. The Executive Director may in addition to confiscation under subsection (3), order that the person be charged in the courts of law.

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

Section Fees for services rendered by the Authority Section The Board shall from time to time determine the fees to be paid by the public for services rendered by the Authority . The fees referred to in subsection (1) shall be published in the Gazette .

Section Annual report Section The Board shall, within three months after the end of each financial year, prepare or cause to be prepared and submitted to the Minister an annual report on the activities and operations of the Authority for that Financial year.

Section Minister to report to Parliament Section The Minister shall, in each financial year, submit to Parliament the annual report on the activities and operations of the Authority within thirty days of receipt of the report from the Authority .

Section Register Section The Executive Director shall cause to be kept a register of all meteorological information and reports submitted. The Executive Director may make available to the public all reports, documents, and other information received by the Executive Director under this Act upon payment of a fee to be determined by the Board .

Section Minister's power to amend Schedule 1 Section The Minister may with the approval of Cabinet by Statutory Instrument amend Schedule 1.

Section Regulations Section Without prejudice to the generality of subsection (1), the Minister may make regulations— The Minister may by statutory instrument make regulations generally for the better carrying into effect of the provisions of this Act. to control the activities of weather modification ; to prohibit the making of meteorological observations and weather modifications by unauthorized persons.

Section Transfer of assets and liabilities Section All properly and assets vested in the Department of Meteorology before the commencement of this Act shall, on commencement of this Act, be vested in the Authority subject to all interests, liabilities, obligations and trusts affecting the property.

Section Employees of Department of Meteorology Section On the commencement of this Act— all persons who, immediately before the date of commencement of this Act were employed in the department of meteorology shall continue to be employed in that office; the terms and conditions, including the salary on which a person referred to in subsection (1) was employed immediately before the commencement of this Act, shall be no less favorable than those applied for to that person's office immediately before the commencement of this Act; and there is no break or interruption in the employment of such persons because of the enactment of this Act. Subject to subsection (1)(b), the terms and conditions of any employment referred to in subsection (1) may be varied after the commencement of this Act. Nothing in this Act affects the pension rights under the Pension Act ( Cap. 286 ) of any person referred to in subsection (1).

Section Former employees of Meteorology Department Section The Authority shall, on the effective date of its operations, accept into its employment every person who immediately before the commencement of this Act was an employee of the Department of Meteorology and who was given an option to serve by the Authority and has opted to serve as an employee of the Authority . A person employed by the Department of Meteorology at the time of the commencement of this Act shall be paid terminal benefits and pensions in accordance with the existing terms and conditions of service of that employee and shall cease to be a staff of the Department of Meteorology .