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NON-GOVERNMENTAL ORGANISATIONS ACT.

ARRANGEMENT OF SECTIONS

   Section.

PART I
PRELIMINARY.

   1.   Title.

   2.   Commencement.

   3.   Interpretation.

   4.   Objects of the Act.

PART II
THE NATIONAL BUREAU FOR NON-GOVERNMENTAL ORGANISATIONS.

   5.   Establishment of the Bureau.

   6.   Functions of the Bureau.

   7.   Powers of the Bureau.

   8.   Common seal of the Bureau.

PART III
BOARD OF DIRECTORS.

   9.   Board of directors.

   10.   Tenure of office of members of the board of directors.

   11.   Functions of the board of directors.

   12.   Meetings of the board of directors.

   13.   Remuneration of the board of directors.

PART IV
COMMITTEES AND SUB-COMMITTEES OF THE BOARD OF DIRECTORS.

   14.   Committees and sub-committees.

   15.   Procedure of committees and sub-committees.

PART V
MANAGEMENT AND STAFF OF THE BUREAU.

   16.   Executive Director.

   17.   Secretary to the Bureau.

   18.   Other staff.

PART VI
THE DISTRICT AND SUBCOUNTY NON-GOVERNMENTAL ORGANISATION MONITORING COMMITTEES.

   19.   Branch offices of the Bureau.

   20.   District Non-Governmental Organisations Monitoring Committee.

   21.   Subcounty Non-Governmental Organisations Monitoring Committee.

PART VII
FINANCIAL PROVISIONS.

   22.   Funds of the Bureau.

   23.   Estimates.

   24.   Bank accounts.

   25.   Financial year of the Bureau.

   26.   Accounts.

   27.   Audit.

   28.   Annual report.

PART VIII
REGISTRATION AND INCORPORATION OF NON-GOVERNMENTAL ORGANISATIONS.

   29.   Registration of organisations with the Bureau.

   30.   Refusal to register.

   31.   Application and issue of permit.

   32.   Renewal of a permit.

   33.   Grounds for revocation of a permit.

   34.   Registration of organisations incorporated outside Uganda.

   35.   Exemption of organisations.

PART IX
SELF-REGULATION, ADMINISTRATIVE AND REPORTING OBLIGATIONS.

   36.   Interpretation.

   37.   Formation of self-regulatory body.

   38.   Self-regulatory mechanism.

   39.   Annual returns, estimates and furnishing of information.

PART X
OFFENCES AND PENALTIES.

   40.   Offences and penalties.

PART XI
MISCELLANEOUS.

   41.   Inspection.

   42.   Protection from liability.

   43.   Assistance to the Bureau.

   44.   Special obligations.

   45.   Staffing of organisations.

   46.   Business operations of organisations.

   47.   Affiliated organisations.

   48.   Dissolution.

   49.   Voluntary dissolution.

   50.   Dissolution by court.

   51.   Composition or scheme of arrangement.

   52.   Adjudication and appeals mechanism.

   53.   Adjudication committee.

   54.   Minister's powers.

   55.   Regulations.

   56.   Repeal of the Non-Governmental Organisations Act and savings.

PART XII
SAVINGS AND TRANSITIONAL PROVISIONS.

   57.   Vesting of assets and liabilities.

   58.   Continuation of the Board and employment of employees of the Board.

   59.   Continuation of operation of organisations.

 

      First Schedule   Currency point.

      Second Schedule   Meetings of the board of directors.

 

NON-GOVERNMENTAL ORGANISATIONS ACT.

Commencement:???.

   An Act to repeal and replace the Non-Governmental Organisations Act; to provide a conducive and an enabling environment for the Non-Governmental Organisations sector; to strengthen and promote the capacity of Non-Governmental Organisations and their mutual partnership with Government; to make provision for the corporate status of the National Bureau for Non-Governmental Organisations and provide for its capacity to register, regulate, coordinate and monitor Non-Governmental Organisations activities; to provide for the board of directors; to provide for the establishment of branch offices of the Bureau, District Non-Governmental Organisations Monitoring Committees, Subcounty Non-Governmental Organisations Monitoring Committees, to make provision for special obligations of Non-Governmental Organisations and to provide for other related matters.

 

PART I
PRELIMINARY.

 

1.   Title.

   This Act may be cited as the Non-Governmental Organisations Act.

 

2.   Commencement.

   This Act shall come into force on a date appointed by the Minister by statutory instrument.

 

3.   Interpretation.

   In this Act, unless the context otherwise requires—

   "board of directors" means the board of directors established under section 9;

   "Bureau" means the National Bureau of Non-Governmental Organisations established under section 5;

   "CBOs" means Community Based Organisations;

   "Chairperson" means the Chairperson of the board appointed under section 9;

   "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 specified in Schedule 1;

   "dissolution" means the cessation of operations of an organisation, voluntarily or by order of the court;

   "DNMC" means District Non-Governmental Organisations Monitoring Committee;

   "emergency situation" means a situation of a serious nature that develops suddenly and unexpectedly and poses an immediate risk to health, life, property or the environment;

   "Executive Director" means the Executive Director of the Bureau appointed under section 16;

   "foreign organisation" means an organisation that does not have original incorporation in any country, and is partially or wholly controlled by citizens of other countries, other than the citizens of the Partner States of the East African Community, and is operating in Uganda under the authority of a permit issued by the Bureau;

   "indigenous organisation" means an organisation that is wholly controlled by Ugandan citizens;

   "international organisation" means an organisation that has its original incorporation in a country, other than a Partner State of the East African Community and is partially or wholly controlled by citizens of one or more countries, other than the citizens of the Partner States of the East African Community, and is operating in Uganda under the authority of a permit issued by the Bureau;

   "Minister" means the Minister responsible for internal affairs;

   "organisation" means a legally constituted non-governmental organisation under this Act, which may be a private voluntary grouping of individuals or associations established to provide voluntary services to the community or any part, but not for profit or commercial purposes;

   "permit" means a permit issued by the board under section 31, granting permission to an organisation to operate;

   "regional organisation" means an organisation incorporated in one or more of the Partner States of the East African Community, and which is partially or wholly controlled by citizens of one or more of the Partner States of the East African Community, and which is operating in Uganda under the authority of a permit issued by the Bureau;

   "register" means a record of all organisations registered under the Act that is maintained by the Bureau in both electronic and hard copy; and

   "SNMC" means Subcounty Non-Governmental Organisations Monitoring Committee.

 

4.   Objects of the Act.

   The objects of this Act are to—

   (a)   establish an administrative and regulatory framework within which organisations can conduct their affairs;

   (b)   promote and require organisations to maintain high standards of governance, transparency and accountability;

   (c)   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;

   (d)   provide the development of strong organisations and to facilitate the formation and effective function of organisations for public benefit purposes;

   (e)   promote and strengthen the capacity of the organisations sector that is sustainable and able to deliver services professionally;

   (f)   promote the development of self-regulation among organisations;

   (g)   provide an enabling environment for the organisations sector;

   (h)   strengthen the capacity of the Bureau; and

   (i)   promote and develop a charity culture that is voluntary, non-partisan and relevant to the needs and aspirations of the people of Uganda.

 

PART II
THE NATIONAL BUREAU FOR NON-GOVERNMENTAL ORGANISATIONS.

 

5.   Establishment of the Bureau.

   (1) There is established a National Bureau for Non-Governmental Organisations.

   (2) 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.

   (3) The Bureau may for, and in connection with its functions under this Act—

   (a)   purchase, acquire, hold, manage and dispose of any movable and immovable property;

   (b)   enter into any contract or other transaction it may deem expedient; and

   (c)   do all acts and things as a body corporate may lawfully do.

 

6.   Functions of the Bureau.

   The functions of the Bureau are—

   (a)   to advise the Minister on the policy relating to the operations of organisations;

   (b)   to formulate, develop and issue policy guidelines for DNMCs and SNMCs for the effective and efficient monitoring of the operations of the organisations;

   (c)   to establish branch offices of the Bureau;

   (d)   to formulate and develop policy guidelines for DNMCs, SNMCs, and CBOs;

   (e)   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;

   (f)   to coordinate the establishment and functions of a National Non-Governmental Organisations consultative and dialogue platform;

   (g)   to establish and maintain a register of organisations;

   (h)   to consider applications for issue and renewal of permits; and

   (i)   to perform any other function under this Act or as may be directed in writing by the Minister.

 

7.   Powers of the Bureau.

   (1) The Bureau shall have power to—

   (a)   co-opt technical officers to deal with specific issues;

   (b)   summon and discipline organisations by either—

      (i)   warning the organisation;

      (ii)   suspending the permit of the organisation;

      (iii)   exposing the affected organisation to the public;

      (iv)   blacklisting the organisation; or

      (v)   revocation of an organisation's permit; and

   (c)   charge fees for any services performed by the Bureau.

   (2) The Bureau shall before taking any action against an organisation under subsection (1), give the organisation the opportunity to be heard.

 

8.   Common seal of the Bureau.

   (1) The Bureau shall have a common seal which shall be kept in the custody of the Executive Director.

   (2) The affixing of the common seal of the Bureau shall be authenticated by the signature of the Executive Director.

   (3) 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.

 

PART III
BOARD OF DIRECTORS.

 

9.   Board of directors.

   (1) The governing body of the Bureau is the board of directors.

   (2) The board of directors shall be appointed by the Minister and approved by Cabinet and shall consist of—

   (a)   a Chairperson;

   (b)   a vice chairperson;

   (c)   two representatives from the Non-Governmental Organisations Sector in Uganda; and

   (d)   three other persons.

   (3) A member of the board of directors shall have proven experience of at least 10 years in the relevant field.

   (4) At least one-third of the members of the board of directors shall be female.

   (5) A member of the board of d

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