LOCAL GOVERNMENTS ACT.
ARRANGEMENT OF SECTIONS.
Section
PART I
PRELIMINARY.
PART II
LOCAL GOVERNMENTS.
4. City to be equivalent to a district.
5. Municipality and town to be lower local governments.
6. Local governments to be bodies corporate.
7. Boundaries of local council units.
8. Cooperation among districts.
PART III
LOCAL GOVERNMENT SETUP.
District councils.
10. Composition of district councils.
11. Speaker and deputy speaker of a district council.
13. Functions of the chairperson.
14. Removal of chairperson from office.
16. District executive committee.
17. Functions of a district executive committee.
18. Appointment and functions of vice chairperson and secretaries.
19. Full-time service of chairperson and secretaries.
20. Vacation of office of member of district executive committee.
21. Censure against member of district executive committee.
22. District committees and functions.
Lower local government councils.
23. Lower local government councils.
23A. Speaker and Deputy Speaker of a lower local Government Council.
24. Functions of a chairperson of a lower government council.
25. Composition of an executive committee of a lower local government council.
26. Functions of a lower local government executive committee.
26A. Censure of Member of executive committee of a lower local government council.
Local governments generally.
27. Councillors not to hold two political offices, etc.
28. Meetings of local government councils.
29. Elected officials to be part time.
PART IV
FUNCTIONS AND POWERS OF LOCAL GOVERNMENT COUNCILS.
30. Functions, powers and services of a council.
31. Services to be provided on request of a council.
32. Delegation of functions by a Minister or council.
33. Delegation by a local government council to chairperson, etc.
34. Higher councils to offer guidance to lower councils.
Planning powers.
35. District planning authority.
36. District technical planning committee.
Legislative powers.
38. Enactment of district laws.
39. Byelaws by lower councils.
40. Ordinance may create offences and penalties.
41. Ordinance may impose fees, etc. for services.
43. Effective date of an ordinance.
44. Local councils not to legislate on judicial powers.
PART V
ADMINISTRATIVE UNITS.
45. Administrative units, councils and committees.
46. Composition of administrative unit councils.
47. Parish and village executive committee.
48. Functions of an administrative unit council.
48A. Functions of a town board.
49. Functions of the parish and village executive committee.
50. Functions of the chairperson of an administrative unit council.
50A. Performance of functions in absence of Chairperson.
51. Members of the executive committee and councillors to be part time.
51A. Payment of honoraria to chairpersons of village, parish and ward councils.
PART VI
THE DISTRICT PUBLIC SERVICE.
52. Establishment and abolition of offices.
54. Establishment of a district service commission.
55. Functions of a district service commission.
56. Qualifications of a member of a district service commission.
57. Terms and conditions of service of members of a district service commission.
58. Independence of a district service commission.
59. Protection of district public officers.
60. Secretariat and secretary to a district service commission.
61. Terms and conditions of service of local government staff.
63. Chief administrative officer.
64. Functions of the chief administrative officer.
66. Other district and urban staff.
67. Staff to be responsible to council.
68. Removal of chief administrative officer and town clerks from office.
69. Chiefs and their jurisdiction, powers and functions.
PART VII
RESIDENT DISTRICT COMMISSIONER.
70. Resident district commissioner.
71. Functions of the resident district commissioner.
72. Staff of the office of the resident district commissioner.
73. Removal of the resident district commissioner, etc.
PART VIII
FINANCIAL PROVISIONS.
77. Local governments budgetary powers and procedures.
78. Revenue and financial and accounting regulations.
79. Financial autonomy of urban local governments.
83. Grants from the Government.
85. Percentage of revenue to be retained or distributed to lower councils.
85A. Salaries and gratuities to be paid out of consolidated fund.
Accounts and audit.
88. Local government public accounts committee.
89. Removal of a member of a local government public accounts committee.
Local government tender board.
91. District contracts committees.
92. Functions of district contracts committee.
93. Procurement and disposal unit.
94A. Municipal or city division contracts committee.
94B. Application of sections 92 - 94 to municipal contracts committee.
94C. Certain officers not to qualify to be members of contracts committee.
94D. Reports of contracts committee.
94E. Delegation of powers of contracts committee.
94F. Regulations concerning procurement.
94G. Use of contracts committee of another local government.
PART IX
INSPECTION, MONITORING AND COORDINATION OF LOCAL GOVERNMENTS.
95. Coordination, guidance, monitoring and inspection of local governments.
97. Mandate of line Ministries and Ministry in relation to local governments.
98. Inspection and monitoring of local governments.
99. Minister to give guidance.
100. Taking over of district administration by the President.
100A. Financing of services during take over period.
PART X
LOCAL GOVERNMENT COUNCILS ELECTIONS.
Electoral Commission, returning officers and other election officers.
101. Electoral Commission to organise local council elections.
101A. Transmission of voters' register to political parties and organisations.
103. Assistant returning officer.
Voters registers, rolls and notice of elections.
106. Voters registers and rolls.
Demarcation of electoral areas.
109. Demarcation of electoral areas.
110. Demarcation of electoral areas for women.
Election of chairperson.
112. Payment of nonrefundable fee.
114. Where one of only two candidates withdraws or is disqualified.
115. Results of chairperson election.
Local government councils elections.
116. Qualifications of councillors.
117. Elections of women representatives to councils.
118. Election of special interest groups councillors.
119. Nomination of candidates for local government councils.
119A. Sponsorship of candidates by political organisations or political parties.
120. Where no candidate or one candidate is nominated.
121. Withdrawal of candidature.
123. Equal treatment to candidates.
126. Use of local council or Government facilities.
127. Where one of only two candidates dies.
Voting and announcement of results.
128. Polling and voting procedure.
129. Assistance to illiterate voters and other voters with disabilities.
130. Person to vote once in an election.
131. Returning officers to have powers of justices of the peace.
132. Votes to be counted at each polling station.
133. Interruption and postponement of counting, tallying or recounting.
135. Declaration of winning candidate.
136. Declaration of results forms.
137. Declaration of results and reports by the Electoral Commission.
Election petitions.
138. Petition against a declared elected candidate.
139. Grounds for setting aside election.
140. Criminal offence disclosed in hearing of petition.
141. Notice of petition to be served on respondent.
142. Trial of election petition.
143. Witness in election petition.
144. Withdrawal of election petition.
146. Petition to lapse on death of petitioner.
Illegal practices and offences.
148. Offence of illegal practice.
149. Misconduct at candidates meetings.
150. Failure by a presiding officer to furnish election returns.
151. Offences relating to voting.
152. Unauthorised voting, etc.
154. Offence of undue influence.
155. Prohibition of certain activities on polling day.
156. Defacement of notices and posters.
157. Obstruction of election officers.
158. General penalty for offences.
159. Director of Public Prosecutions' consent to prosecute.
Elections at administrative lower councils.
160A. Elections of village and parish Chairperson to be by secret ballot.
160B. Nomination approval and removal of Executive Committee members.
161. Nomination of candidates.
161A. Electoral Commission to appoint election day.
162. Quorum at parish council elections.
163. Elected person to have clear majority.
164. Presiding officer to keep order.
165. Action where elections are interrupted.
167. Presiding officer to fill forms.
168. Election petition for a village, or parish.
168A. Non citizens not to be members of local councils.
168B. Electoral Commission to settle disputes.
General provisions for elections.
170. Term of office of councils and chairperson.
172. Application of laws relating to parliamentary elections.
PART XI
MISCELLANEOUS PROVISIONS.
173. Protection against court action.
173A. Unexempted persons to be accountable.
175. Regulations and amendment to Schedules.
177. Transfer of assets and liabilities.
178. Existing chairpersons, councillors and employees.
179. Local government police and prisons.
PART XII
INTERIM COUNCILS FOR NEWLY CREATED LOCAL GOVERNMENTS.
180. Composition of interim council for newly created local government.
181. Chairperson or member of executive committee of original council.
182. Election of interim chairperson.
183. Nomination of vice chairperson and secretaries.
184. Appointment of interim standing committees.
185. Existing employees in the new local government.
186. Term of office of interim council.
187. Electoral Commission to organise elections.
188. Equitable sharing of property.
First Schedule The Local Governments Emoluments and Allowances Regulations.
Second Schedule Functions and services of the Government and local governments.
Third Schedule Local Government Councils Regulations.
Fourth Schedule Functions and powers of a local government council not to be delegated.
Fifth Schedule The Local Government Revenue Regulations.
Sixth Schedule Currency point.
Seventh Schedule Local government election forms
Eighth Schedule Oaths.
CHAPTER 243
LOCAL GOVERNMENTS ACT.
Commencement: 24 March, 1997.
An Act to amend, consolidate and streamline the existing law on local governments in line with the Constitution to give effect to the decentralisation and devolution of functions, powers and services; to provide for decentralisation at all levels of local governments to ensure good governance and democratic participation in, and control of, decision making by the people; to provide for revenue and the political and administrative setup of local governments; and to provide for election of local councils and for any other matters connected to the above.
PART I
PRELIMINARY.
(1) In this Act, unless the context otherwise requires—
(a) "byelaws" means rules made by lower local councils under section 39;
(b) "council" includes all councils referred to under sections 3 and 45;
(c) "currency point" represents the amount in Uganda shillings prescribed in the Sixth Schedule;
(d) "electoral area" means one of the areas into which a district, city, municipality, town, division or subcounty is divided for the purpose of elections and representation;
(e) "full-time service" means fully utilising the official hours in the service of the council or relevant office;
(f) "Government" means the Government of Uganda;
(g) "immediate family" means wife or husband and children under 18 years;
(h) "local council" includes local government councils and administrative unit councils;
(i) "local government" means the local councils established under section 3(2) to (5);
(j) "lower local government" includes a municipality, town, division and subcounty councils;
(k) "Minister" means Minister responsible for local governments;
(1) "Ministry" means a Ministry of the Government;
(m) "ordinance" means the law made or passed by the district council under section 38;
(n) "Parliament" means the Parliament of Uganda;
(o) "persons with disabilities" means persons having individual physical or mental impairment which in their individual capacities substantially limit one or more of the major life activities of those persons;
(p) "public officer" means any person holding or acting in any public office;
(q) "public service" means service in any civil capacity of the Government or a local government;
(r) "registered voter" means a person whose name is entered on the voters register;
(s) "speaker" means the speaker elected under section 12 or section 24A and "Deputy Speaker" shall be construed accordingly;
(t) "urban authority" includes a city council, city division council, municipal council and town council;
(u) "urban council" includes city, municipal, division and town council;
(v) "ward" in an urban council is the equivalent of a parish in a district council.
(2)...
The objectives of the Act are—
(a) to give full effect to the decentralisation of functions, powers, responsibilities and services at all levels of local governments;
(b) to ensure democratic participation in, and control of, decision making by the people concerned;
(c) to establish affirmative action in favour of groups marginalised on the basis of gender, age, disability or any other reason created by history, tradition or custom, for the purpose of addressing imbalances which exist against them;
(d) to establish sources of revenue and financial accountability;
(e) to provide for the election of local councils;
(f) to establish and provide for the composition of interim councils for newly created local government units pending elections of the councils; and
(g) to provide for formation of interim executive committees for interim councils.
PART II
LOCAL GOVERNMENTS.
(1) The system of local government shall be based on the district as a unit under which there shall be lower local governments and administrative units.
(2) The local governments in a district rural area shall be—
(a) the district council;
(b) the subcounty councils.
(3) The local governments in a city shall be—
(a) the city council;
(b) the city division councils.
(4) The local governments in a municipality shall be—
(a) the municipal council;
(b) the municipal division councils.
(5) The local government in a town shall be the town council.
4. City to be equivalent to a district.
For purposes of this Act—
(a) a city shall be equivalent to a district, and a city council shall exercise all functions and powers conferred upon a district council within its area of jurisdiction;
(b) a City Division shall be equivalent to a Municipality;
(c) a Municipal Division and a town shall be equivalent to a subcounty.
5. Municipality and town to be lower local governments.
Subject to article 197 of the Constitution and section 79 of this Act, a municipal or a town council shall be a lower local government of the district in which it is situated.
6. Local governments to be bodies corporate.
(1) Every Local Government shall be a body corporate with perpetual succession and a common seal, and may sue and be sued in its corporate name and may, subject to the provisions of the Constitution, do enjoy or suffer anything that may be done, enjoyed or suffered by a body corporate.
(2) Notwithstanding the provisions of subsection (1) of this section, no execution or attachment or process in such nature shall be issued out of any court for enforcing payment by a Local Government of any money or costs against its fixed assets and statutory transfers provided the execution or attachment may be made against any other property after six months from the date of judgement, order or decree.
7. Boundaries of local council units.
(1) The boundaries of a local government or of an administrative unit shall be those which existed immediately before the coming into force of this Act.
(2) Boundaries of a district unit may be altered or new district units formed, in accordance with article 179 of the Constitution.
(2a) The Minister may, with the approval of Parliament declare an urban area a city in accordance with paragraph 32 of the Third Schedule to this Act.
(3) Subject to the Town and Country Planning Act, the Minister may, in consultation with the district with the approval of Cabinet after satisfying himself or herself that the requirements under paragraph 32 of the Third Schedule are met, declare an area to be a town.
(3a) A district council, acting on a request of a lower local government may, with the approval of the Minister, declare an area to be a town board.
(4) A district may with the approval of the Minister, within its area of jurisdiction, at the request of or in consultation with the relevant municipal council, alter the boundaries of or create a new municipal division council.
(5) A district council may, within its area of jurisdiction and with the approval of the Minister at the request of or in consultation with the relevant subcounty councils, alter the boundaries of or create a new subcounty.
(6) A subcounty or city division council may, within its area of jurisdiction with the approval of the district or city council and at the request of or in consultation with the relevant parishes or wards and with the approval of the Minister, alter the boundaries of or create a new parish or ward.
(7) A district or city council may, within its area of jurisdiction with the approval of Parliament and in consultation with or at the request of the relevant county council or city division council, alter the boundaries of or create a new county or a city division.
(8) A municipal division or town council may, within its area of jurisdiction and at the request of or in consultation with the relevant wards and with the approval of the Minister, alter the boundaries of or create a new ward.
(9) A parish or ward council may, with the approval of a subcounty, division or town council and at the request of or in consultation with the relevant villages as the case may be and with the approval of the Minister, alter the boundaries of or create a new village.
(9a) Notwithstanding anything in this section, a local government or an administrative unit created within six months before a general election shall not be taken into account by the Electoral Commission for the purposes of the general election.
(10) Where an approval required under this section is not given, the authority withholding its approval shall, in writing, give reasons for its action.
8. Cooperation among districts.
(1) Two or more district councils may, in accordance with article 178 of the Constitution—
(a) cooperate in the areas of culture and development; and
(b) for the purpose of the cooperation, form and support councils, trust funds or secretariats.
(2) A local government council may concur with any other local government council in appointing a joint committee for any matter in which they have a common interest.
PART III
LOCAL GOVERNMENT SETUP.
(1) A council shall be the highest political authority within the area of jurisdiction of a local government and shall have legislative and executive powers to be exercised in accordance with the Constitution and this Act.
(2) A person shall not be a member of a local government council unless that person is a citizen of Uganda.
District councils.
10. Composition of district councils.
(1) District councils shall consist of—
(a) the district chairperson, elected under Part X of this Act;
(b) one councillor directly elected to represent an electoral area of a district;
(c) two councillors, one of whom shall be a female youth, representing the youths in the district;
(d) two councillors with disabilities, one of whom shall be a female, representing persons with disabilities; and
(e) women councillors forming one-third of the council such that the councillors elected under paragraphs (b), (c) and (d) shall form two-thirds of the council;
(f) two older persons, a male and a female elected in accordance with the National Council for Older Persons Act, 2013;
(fa) two members representing workers, one of whom shall be a female elected in accordance with the Labour Unions Act, 2006;
(g) the chairperson of district women council and chairperson of subcounty women council who shall be ex officio members of the councils.
(2) A member of Parliament may attend meetings of a local council in his or her district and constituency as an ex officio member of the council.
11. Speaker and deputy speaker of a district council.
(1) A district council shall have a speaker and a deputy speaker elected by the council from among members of the council.
(2) The speaker and the deputy speaker shall be elected through a secret ballot.
(3) At the elections of a speaker or deputy speaker, no person shall be declared elected speaker or deputy speaker unless that person gets more than 50 percent of the votes of all members of the council cast in his or her favour.
(4) If no person gets more than 50 percent of the votes cast, the elections shall be repeated between the first two persons getting the highest votes until one of them gets more than 50 percent of the votes.
(5) If during the election of a speaker or deputy speaker only one name is nominated, that person shall be declared elected speaker or deputy speaker.
(6) The speaker or deputy speaker may be removed from office by the council by a resolution supported by not less than two-thirds of the members of the council on any of the following grounds—
(a) abuse of office;
(b) incompetence;
(c) misconduct or misbehaviour; or
(d) such physical or mental incapacity as would render the speaker or deputy speaker incapable of performing the duties of speaker or deputy speaker;
(e) failure without reasonable excuse to call two consecutive meetings of the council.
(6A) For purposes of removing the Speaker a notice in writing signed by at least one third of all the members of the Council shall be submitted to the Chairperson stating their grounds and that they intend to pass a resolution to remove the Speaker.
(6B) Where a notice is submitted to the Chairperson under subsection (6A) no person shall withdraw his or her signature from the notice.
(6C) A notice made under subsection (6A) shall be submitted to the Minister or his or her representative by the clerk to Council and the Minister, or his or her representative shall evaluate the notice for removal of the Speaker, and if satisfied that there are sufficient grounds for doing so, shall, within 30 days after receipt of the notice, convene or cause the convening of a meeting for the removal and election of a speaker.
(7) The office of speaker or deputy speaker shall fall vacant if the holder resigns the office or accepts appointment to a public office or dies.
(8) A Chief Magistrate shall preside at the first election of the Speaker following general elections of district local councils.
(8A) The Speaker shall preside at the election and removal of a Deputy Speaker.
(9) The speaker shall—
(a) preside at all meetings of the council;
(b) be charged with the overall authority for the preservation of order in the council and the enforcement of the rules of procedure of the council; and
(c) perform functions which are similar to those of the Speaker of Parliament as may be consistent with this Act.
(10) Except for the taking of oath of the members of the council, no business shall be transacted in the council before the election of a speaker at any time that office is vacant.
(11) A speaker shall be on full time service of the district council.
(12) A speaker of a district council shall be paid emoluments and allowances in accordance with the First Schedule to this Act, and shall not hold any office of profit or emolument likely to compromise his or her office.
(13) A deputy speaker of a district council shall be paid emoluments and allowances in accordance with the First Schedule to this Act.
(1) There shall be a district chairperson who shall be—
(a) the political head of the district;
(b) elected by universal adult suffrage through a secret ballot.
(2) A district chairperson shall be—
(a) a person qualified to be elected a member of Parliament;
(b) at least 30 years and not more than 75 years of age; and
(c) a person ordinarily resident in that district.
13. Functions of the chairperson.
(1) A district chairperson shall—
(a) preside at meetings of the executive committee of the district;
(b) monitor the general administration of the district;
(c) monitor the implementation of council decisions;
(d) subject to section 79 of this Act and article 197 of the Constitution, monitor and coordinate the activities of the municipal and town councils and of other lower local governments and administrative units in the district;
(e) on behalf of the council, oversee the performance of persons employed by the Government to provide services in the district and to monitor the provision of Government services or the implementation of projects in the district;
(f) subject to section 64(2)(g), coordinate and monitor government functions as between the district and the Government;
(g) perform other functions that may be necessary for the better functioning of the district council, or which may be incidental to the functions of chairperson or imposed on the chairperson by any law.
(2) The chairperson shall abide by, uphold and safeguard the Constitution, the district laws and other laws of Uganda and shall endeavour to promote the welfare of the citizens in the district.
(3) Subject to the Constitution and this Act, the functions conferred on the chairperson may be exercised by the chairperson directly or through elected or appointed officials subordinate to the chairperson.
(4) The chairperson shall, in the performance of his or her functions, be answerable to the district council.
(5) The chairperson shall make a report to the council on the state of affairs of the district, at least once a year.
14. Removal of chairperson from office.
(1) Subject to subsection (2), the chairperson may be removed from office by the council by a resolution supported by two-thirds of all the members of the council on any of the following grounds—
(a) abuse of office;
(b) corruption;
(c) incompetence;
(d) misconduct or misbehaviour;
(e) such physical or mental incapacity as would render the chairperson incapable of performing the duties of chairperson;
(f) failure or refusal without justifiable reasons to implement lawful council decisions.
(1A) Notwithstanding the provisions of subsection (1), the seat of a District Chairperson shall fall vacant if—
(a) the holder resigns in writing addressed to the Speaker;
(b) the holder without reasonable cause or notification of the Speaker, fails to attend four consecutive meetings of the Council;
(c) the holder is found guilty of the violation of the Leadership Code and punishment imposed includes the vacation of office;
(d) the holder accepts appointment to a public office;
(e) the holder is sentenced to death or to imprisonment exceeding six months without the option of a fine;
(j) the holder has been convicted of an offence involving moral turpitude within the preceding six years; or
(g) circumstances arise which disqualify the holder from occupying the office under any other law.
(2) For purposes of removing the chairperson under subsection (1) other than under paragraph (e) of that subsection, a notice in writing signed by not less than one-third of all the members of the council shall be submitted to the speaker—
(a) stating that they intend to pass a resolution of the council to remove the chairperson on any of the grounds set out in subsection (1);
(b) setting out the particulars of the charge supported by the necessary documents, where applicable, on which it is claimed that the conduct of the chairperson be investigated for purposes of his or her removal.
(2A) For the avoidance of doubt, where a petition has been submitted to the Speaker under subsection (2) of this section, no person shall withdraw his or her signature supporting the petition.
(3) The speaker shall within 24 hours after receipt of the notice referred to in subsection (2), cause a copy to be transmitted to the chairperson and the Minister.
(4) The Minister shall evaluate the notice in consultation with the Attorney General and if satisfied that there are sufficient grounds for doing so shall, within 21 days after receipt of the notice, constitute a tribunal consisting of a Judge of the High Court or a person qualified to be appointed a Judge of the High Court, as chairperson and two other persons all of whom shall be appointed by the Minister in consultation with the Chief Justice, to investigate the allegations.
(4A) A person shall not be eligible for appointment as a member of the Tribunal unless that person—
(a) is a person of high moral character and proven integrity; and
(b) possesses considerable experience and demonstrated competence and is of high calibre in the conduct of public affairs.
(5) The chairperson is entitled to appear at the proceedings of the tribunal and to be represented by a lawyer or other expert or person of his or her choice.
(6) If the tribunal determines that there is a prima facie case for the removal of the chairperson under subsection (1) other than paragraph (e), then if the council passes the resolution supported by the votes of not less than two-thirds of all members of the council, the chairperson shall cease to hold office.
(7) For the purposes of the removal of the chairperson on grounds of physical or mental incapacity under subsection (1)(e), there shall be submitted to the speaker a notice in writing signed by not less than one-third of all the members of the council—
(a) stating that they intend to pass a resolution of the council for the removal of the chairperson from office on grounds of physical or mental incapacity; and
(b) giving particulars of the alleged incapacity.
(8) The speaker shall, within seven days after receipt of a notice under subsection (7), cause a copy to be transmitted to the chairperson and the Chief Justice.
(9) The Chief Justice shall, within seven days after receipt of the notice transmitted under subsection (8) and in consultation with the Medical Council, constitute a medical board comprising three qualified medical specialists to examine the chairperson in respect of the alleged incapacity and to report its findings to the council.
(10) The Chief Justice shall, within seven days, constitute a medical board and inform the relevant chairperson accordingly.
(11) The medical board shall examine the chairperson within 14 days after its establishment.
(12) The chairperson shall submit himself or herself to the medical board for examination on a day and time determined by the board.
(13) If the medical board determines that the relevant chairperson is by reason of physical or mental incapacity unable to perform the functions of the office of chairperson and the council passes the resolution for his or her removal supported by the votes of not less than two-thirds of all the members of the council, the chairperson shall cease to hold office.
(14) If the medical board, after the expiration of the period of 14 days referred to in subsection (11), reports that the relevant chairperson has failed or refused to submit to the medical board and the council passes the resolution for his or her removal supported by the votes of not less than two-thirds of all the members of the council, the chairperson shall cease to hold office.
(15) The speaker shall convene the council within 14 days after the receipt of the report of the tribunal or medical board.
(16) The motion for a resolution for the removal of the chairperson shall be moved in the council within 14 days after the receipt by the speaker of the report of the tribunal or the medical board, failure of which shall render the resolution time-barred.
(17) The chairperson is entitled to appear in person and be heard during the proceedings of the council relating to the motion for a resolution under this section.
(18) The provisions of subsections (1) to (17) shall apply to the removal of the chairperson of the lower local government council except that—
(a) the notice under subsections (2) and (7) shall be submitted to the District Council Speaker who shall convene and preside over the Council meeting under subsection (1) within 14 days after the receipt of the report of the Tribunal or Medical Board for the removal of the Chairperson;
(b) wherever "Chief Justice" appears shall be substituted by "Chief Magistrate;"
(c) under subsection (4), the Justice of the High Court shall be substituted by a Magistrate not below Grade 1.
(19) The expenses of the tribunal and the medical board shall be met by the relevant council.
The chairperson of a city shall carry the title of mayor.
16. District executive committee.
(1) There shall be an executive committee for each district council which shall perform the executive functions of the council.
(2) A district executive committee shall consist of—
(a) the chairperson;
(b) the vice chairperson;
(c) such number of secretaries, not exceeding three, as the council may determine.
(2A) Notwithstanding the provisions of subsection (2), the number of the members of the Executive Committee shall not exceed one-third of all the members of the Council.
(3) At least one of the offices of the secretaries referred to in subsection (2)(c) shall be held by a female.
(4) The chairperson shall assign one of the secretaries to be responsible for health and children welfare and another for persons with disabilities and the elderly.
17. Functions of a district executive committee.
The district executive committee shall—
(a) initiate and formulate policy for approval of the council;
(b) oversee the implementation of the Government and the council's policies and monitor and coordinate activities of nongovernmental organisations in a district;
(c) monitor the implementation of council programmes and take remedial action where necessary;
(d) recommend to the council persons to be appointed members of the district service commission, local government public accounts committee, district tender board, district land board or any other boards, commissions or committees that may be created;
(e) receive and solve problems or disputes forwarded to it from lower local government councils;
(f) at the end of each financial year consider and evaluate the performance of the council against the approved work plans and programmes; and
(g) carry out any other duty as may be authorised by the council or any law.
18. Appointment and functions of vice chairperson and secretaries.
(1) The vice chairperson shall be nominated by the chairperson from among the members of the council and approved by two-thirds of all the members of the council.
(2) The vice chairperson shall be a person who qualifies to be a district chairperson.
(3) The secretaries shall be nominated by the chairperson from among the members of the council and shall be approved by the majority of all the members of the council.
(3a) Where a person nominated to the executive committee is rejected by the council three times without reasonable grounds, the nomination of that person shall stand.
(4) The vice chairperson shall deputise for the chairperson and shall perform other functions that may be assigned to him or her by the chairperson.
(5) Subject to section 171(4), if the chairperson dies, resigns or is removed from office, the vice chairperson shall assume the office of chairperson until the election of a new chairperson; and the election shall take place within six months after the occurrence of the event.
(5A) Where both the Chairperson and the Vice chairperson are unable to perform the functions of the office of Chairperson, the Speaker shall perform those functions until the Chairperson or the Vice Chairperson assumes office or until a new Chairperson is elected.
(5B) Before performing the functions of the office of Chairperson under subsection (5A) the Speaker shall take and subscribe the oaths specified in the Eighth Schedule to this Act.
(5C) A person holding an office on the Executive Committee immediately before the Speaker assumes the functions of Chairperson shall continue to hold such office until the Chairperson, the Vice Chairperson or a new Chairperson as the case may be assumes office.
(5D) A Speaker assuming the functions of the Chairperson under subsection (5A) shall not have powers to fill any vacancy on the Executive Committee.
(5E) During the period the Speaker is acting as Chairperson, the Deputy Speaker shall act as Speaker.
(6) A secretary shall have responsibility for such functions of the district council as the district chairperson may, from time to time, assign to him or her.
(7) Notwithstanding the provisions of this section, the district executive committee shall be constituted expeditiously and in any case not later three months after the first sitting of the council.
19. Full-time service of chairperson and secretaries.
(1) A chairperson, vice chairperson and secretaries shall be on full-time service of the council.
(2) A chairperson, a vice chairperson and secretaries shall be paid emoluments in accordance with the First Schedule.
(3) A member of the district executive committee shall not hold any office of profit or emolument likely to compromise his or her office.
20. Vacation of office of member of district executive committee.
The office of a member of the district executive committee shall fall vacant if—
(a) the appointment of a member is revoked by the chairperson;
(b) a member is elected as speaker or deputy speaker of the district council;
(c) a member—
(i) resigns from office;
(ii) becomes disqualified to be a member of the council; or
(iii) dies;
(d) where the council passes a vote of censure in a member; or
(e) a new chairperson assumes office.
21. Censure against member of district executive committee.
(1) A council may, by resolution supported by not less than half of all the members of the council, pass a vote of censure against a member of the district executive committee.
(2) Proceedings for censure shall be initiated by a petition to the chairperson through the speaker, signed by not less than one-third of all the members of the council, to the effect that they are dissatisfied with the conduct or performance of the member of the district executive committee.
(3) The chairperson shall upon receipt of the petition cause a copy to be given to the member of the district executive committee in question.
(4) The motion of the resolution of censure shall not be debated until the expiry of 14 days after the petition is sent to the chairperson.
(5) A member of the executive committee in respect of whom a vote of censure is debated under subsection (4) is entitled to be heard during the debate.
22. District committees and functions.
(1) A district council may appoint such standing committees as are necessary not exceeding the number of secretaries for the efficient performance of its functions.
(2) The chairperson of a committee under this section and the members of the committee shall be elected by simple majority through secret ballot from the members of the council who are not members of the executive committee.
(3) No council member shall belong to more than one committee.
(4) Members of the district executive committee, or councillors who are not members of a standing committee, may take part in the proceedings of a committee under this section but shall have no right to vote or claim allowances.
Lower local government councils.
23. Lower local government councils.
(1) A subcounty council shall consist of—
(a) a chairperson, elected under Part X of this Act;
(b) one councillor representing each parish or part of a parish in the subcounty;
(c) two youth councillors representing the youth in the subcounty, one of whom shall be a female youth;
(d) two councillors with disabilities, one of whom shall be a female, representing persons with disabilities in the subcounty; and
(e) women councillors forming one-third of the council.
(2) A city division council shall consist of—
(a) a chairperson, elected under Part X of this Act;
(b) one councillor representing each parish or part of a parish in the division;
(c) two councillors with disabilities, one of whom shall be a female, representing persons with disabilities in the city division;
(d) two youth councillors representing the youth in a city division, one of whom shall be a female youth; and
(e) women councillors forming one-third of the council.
(3) A municipal council shall consist of—
(a) a chairperson, elected under Part X of this Act and carrying the title of mayor;
(b) one councillor representing each parish or part of a parish in the municipality;
(c) two councillors with disabilities representing persons with disabilities in the municipality;
(d) two youth councillors representing the youth in the municipality, one of whom shall be a female youth; and
(e) women councillors forming one-third of the council.
(4) A municipal division council shall consist of—
(a) a chairperson, elected under Part X of this Act;
(b) one councillor directly elected to represent each parish or part of a parish in the municipal division;
(c) two councillors with disabilities representing persons with disabilities in the municipal division;
(d) two youth councillors representing the youth in the municipal division, one of whom shall be a female youth; and
(e) women councillors forming one-third of the council.
(5) A town council shall consist of—
(a) a chairperson, elected under Part X of this Act;
(b) one councillor directly elected to represent each ward or part of a ward in the town;
(c) two councillors with disabilities representing persons with disabilities in the town;
(d) two youth councillors representing the youth in the town, one of whom shall be a female youth; and
(e) women councillors forming one-third of the council.
(6) There shall be two older persons a male and a female above the age of 60 years on every lower local government council who shall be elected by the respective executive committees of the council of older persons.
(7) For the avoidance of doubt, any person representing the youth or persons with disability or older persons—
(a) may be chosen on the multiparty basis or as an independent; and
(b) shall be a person who is willing to serve in that capacity.
23A. Speaker and Deputy Speaker of a lower local Government Council.
(1) A subcounty, municipal, town, city division and municipal division council shall have a Speaker and Deputy Speaker elected by the Council from among members of the Council.
(2) The Speaker and Deputy Speaker shall be elected through a secret ballot.
(3) The Returning Officer shall convene and preside at a meeting for the election of Speaker under this section.
(4) At the election of Speaker and Deputy Speaker the person who gets a majority of votes of all the members of the Council shall be declared elected Speaker or Deputy Speaker respectively.
(5) If during the election of Speaker or Deputy Speaker only one name is nominated, that person shall be declared elected Speaker or Deputy Speaker respectively.
(6) The provisions of subsections (6), (6A), (7), (9) and (10) of section 11 shall apply to the lower Local Government Speaker and Deputy Speaker.
(7) The provisions of subsection (6C) of section 11 shall apply for the removal of a lower local government Speaker and Deputy Speaker except that the Minister or his or her representative shall be substituted by the Returning Officer.
(8) The Speaker and Deputy Speaker under this section shall be part time and shall only be paid allowances in accordance with the First Schedule.
24. Functions of a chairperson of a lower government council.
(1) A chairperson of a lower government council shall—
(a) be the political head at that level;
(b) preside over the executive committee meetings;
(c) monitor the general administration of the area under his or her jurisdiction;
(d) on behalf of the council, oversee the performance of persons employed by the Government to provide services in the council's area of jurisdiction and to monitor the provision of Government services or implementation of projects in the area under the council's jurisdiction;
(e) perform other functions that may be necessary for the better functioning of the council, or which may be incidental to the functions of the chairperson or imposed on the chairperson by any law;
(f) report to the Council the state of affairs of the respective area of jurisdiction, at least once in six months.
(2) The chairperson of a lower council shall abide by, uphold and safeguard the Constitution, district laws, council byelaws and other laws of Uganda and shall endeavour to promote the welfare of the citizens in the council's area of jurisdiction.
(3) The chairperson shall, in the performance of the functions under subsections (1) and (2), be answerable to the respective local council of which he or she is chairperson.
(4) Where both the Chairperson and the Vice Chairperson are unable to perform the functions of the office Chairperson, the Speaker shall perform those functions until the Chairperson or the Vice Chairperson assumes office or until a new Chairperson is elected.
(5) Before assuming office of Chairperson under subsection (4) the Speaker shall take and subscribe the oaths specified in the Eighth Schedule to this Act.
(6) A person holding an office on the Executive Committee immediately before the Speaker assumes the functions of Chairperson under subsection (4) shall continue to hold office until the Chairperson, Vice Chairperson or a new Chairperson assumes office.
(7) A Speaker assuming the functions of the Chairperson under subsection (4) shall not have power to fill any vacancy on the Executive Committee.
(8) During the period the Speaker is acting as Chairperson, the Deputy Speaker shall act as "Speaker".
25. Composition of an executive committee of a lower local government council.
(1) A lower local government council shall have an executive committee nominated by the chairperson from among the members of the council and approved by simple majority of all the members of the council voting.
(2) The executive committee shall consist of—
(a) the chairperson;
(b) the vice chairperson;
(c) such number of secretaries, not exceeding three, as the council may determine.
(2A) Notwithstanding the provisions of subsection (2), the members of the Executive Committee shall not exceed one-third of all the members of the Council.
(3) At least one of the offices of secretaries referred to in subsection (2)(c) shall be held by a female.
(4) The chairperson shall assign one of the secretaries to be responsible for health and children welfare and another for persons with disabilities and the elderly.
26. Functions of a lower local government executive committee.
A lower local government executive committee shall be responsible for the supervision of the implementation of policies and decisions made by its council and shall—
(a) initiate and formulate policy for approval of the council;
(b) oversee the implementation of the council's policy;
(c) assist in the maintenance of law, order and security;
(d) monitor the implementation of council programmes and take action where necessary;
(e) receive and solve problems or disputes forwarded to it from lower local councils;
(f) at the end of each financial year consider and evaluate the performance of the council against the approved work plans and programmes;
(g) initiate, encourage, support and participate in self-help projects and mobilise people, material and technical assistance in relation to the self-help projects;
(h) serve as the communication channel between the Government, the district council and the people in the area;
(i) generally monitor the administration in its area and report to the district council;
(j) generally monitor and supervise projects and other activities undertaken by the Government, local governments and nongovernmental organisations in their area; and
(k) carry out other functions which may be imposed by law or incidental to the above.
26A. Censure of Member of executive committee of a lower local government council.
(1) A council of a lower local government may, by resolution supported by more than half of all the members of the council, pass a vote of censure against a member of the executive committee of the lower local government council.
(2) Proceedings for censure shall be initiated by petition to the chairperson through the speaker, signed by not less than one-third of all the members of the council, to the effect that they are dissatisfied with the conduct or performance of the member of the executive committee and the speaker shall submit the petition to the chairperson.
(3) The chairperson shall, upon receipt of the petition, cause a copy to be given to the member of the executive committee in question.
(4) The motion for the resolution of censure shall not be debated until the expiry of 14 days after the petition is sent to the chairperson.
(5) A member of the executive committee in respect of whom a vote of censure is debated under subsection (4) is entitled to be heard during the debate.
Local governments generally.
27. Councillors not to hold two political offices, etc.
(1) A member of parliament or a Minister of the government shall not, concurrently with that office, hold a local government political office of Chairperson, Vice Chairperson or Secretary or be a councillor at a local government or a parish administrative unit
(2) A person shall not hold a political office or a full-time office in the service of more than one local government.
(3) Where a person is elected to a local council of a wider jurisdiction, his or her membership at the council of a smaller jurisdiction shall fall vacant, and another person shall be elected in that place.
(4) For the avoidance of doubt—
(a) a member of a village executive committee shall resign his or her office on the village executive committee if elected to the parish or ward executive committee;
(b) a member of a subcounty executive committee shall not resign his or her office on the subcounty executive committee if elected as Chairperson or Vice chairperson of the county administrative council.
28. Meetings of local government councils.
The meetings of local government councils and their executive committees shall be conducted in the manner specified in the Third Schedule.
29. Elected officials to be part time.
Except for the chairpersons of lower local governments and the vice chairpersons of municipal councils, and subject to section 19, all elected officials shall be part time and shall only be paid allowances in accordance with the First Schedule.
PART IV
FUNCTIONS AND POWERS OF LOCAL GOVERNMENT COUNCILS.
30. Functions, powers and services of a council.
(1) Subject to the Constitution, a local government council shall, within its area of jurisdiction—
(a) exercise all political and executive powers and functions;
(b) provide services as it deems fit with the exception of the functions, powers and services listed under Part 1 of the Second Schedule to this Act;
(c) protect the Constitution and other laws of Uganda and promote democratic governance; and
(d) ensure the implementation and compliance with Government policy.
(2) Without prejudice to the generality of subsection (1), a district council shall perform and carry on the functions and services specified under Part 2 of the Second Schedule to this Act.
(3) Urban councils shall have autonomy over their planning and financial management when carrying out the functions and services specified under Part 3 of the Second Schedule to this Act.
(4) Subject to subsection (5), in rural areas, a local government council may devolve to a lower council some of the functions and services specified under Part 4 of the Second Schedule to this Act and, in urban areas, functions and services specified under Part 5B of the Second Schedule.
(5) A devolution under subsection (4) shall not be effected unless—
(a) both parties are in agreement;
(b) the necessary resources are made available for the exercise of those functions and powers, services and responsibilities; and
(c) appropriate measures are taken to bring the change to the attention of the public.
(6) A local government shall monitor the performance of persons employed by the Government or a higher local government to provide services in its area of jurisdiction and monitor the provision of Government services or the implementation of projects in the area.
(7) A local government shall protect the Constitution and other laws of Uganda and shall promote democratic governance of the area under its jurisdiction.
31. Services to be provided on request of a council.
(1) A district council or a lower council may, on request by it, be allowed to exercise the functions and services specified in Part I of the Second Schedule, or if delegated to it by the Government or by Parliament under any law.
(2) Subject to the Constitution, the Government may, on request by a district council, assume responsibility for functions and services assigned to the district council, and in such a case the Government shall retain any grants pertaining to any task reverting to the Government.
(3) A higher local government council may, on request by a lower council, assume responsibility of functions assigned to that lower council, provided that the higher local council shall retain any grants pertaining to the task reverting to it.
(4) Appropriate measures shall be taken to bring the changes in subsections (1), (2) and (3) to the attention of the public.
32. Delegation of functions by a Minister or council.
(1) A Minister responsible for a Government Ministry may, after consultation with the Minister, delegate functions, powers and responsibilities vested in that Ministry to a local government council; and a local government council may delegate its functions, powers and responsibilities to a lower local government council within its area of jurisdiction.
(2) A delegation under subsection (1) shall not be effected unless—
(a) all parties are in agreement;
(b) adequate resources are made available for the exercise of those functions, powers, services and responsibilities; and
(c) appropriate measures are taken to bring the change to the attention of the public.
(3) A copy of the instrument of delegation under subsection (1) shall be sent by the authority making the delegation—
(a) in the case of a lower council, to the relevant district council; and
(b) in the case of a district council, to the Minister responsible for local government to be registered and stored, by the district council or the Ministry as the case may be, and shall be open to public access.
(4) The instrument of delegation registered under subsection (3) shall be published in the following manner—
(a) where registered by the Minister, shall be published—
(i) by notice in the Gazette and in the local media at the expense of the delegating authority; and
(ii) by fixing a copy of the instrument in a conspicuous place on or near the outer door of the relevant council's office during office hours for a period of not less than 15 days.
(b) where registered by a district council, shall be published—
(i) by fixing a copy of the instrument in a conspicuous place on or near the outer door of the relevant council's offices during office hours for a period of not less than 15 days; or
(ii) in such other manner as is customary in the area of jurisdiction of the relevant council.
33. Delegation by a local government council to chairperson, etc.
(1) Subject to the Constitution and the Fourth Schedule, a local government council may delegate some of its functions, powers or responsibilities under this Act to—
(a) the chairperson of the relevant council;
(b) a committee of the relevant council;
(c) a joint committee created under section 8(2); or
(d) a council, trust fund or secretariat formed under section 8 of this Act and article 178 of the Constitution, as may be agreed upon in the charter.
(2) A delegation under subsection (1) shall—
(a) be accompanied by the necessary resources to enable the person or body delegated to exercise the functions, powers or responsibilities; and
(b) be brought to the attention of the public as provided under section 32(4).
34. Higher councils to offer guidance to lower councils.
A local government council may offer guidance to lower councils within its area of jurisdiction.
Planning powers.
35. District planning authority.
(1) The district council shall be the planning authority of a district.
(2) The district planning authority shall, in addition to the procedures it establishes for itself, work according to the guidelines established by the National Planning Authority.
(3) The district council shall prepare a comprehensive and integrated development plan incorporating plans of lower level local governments for submission to the National Planning Authority, and lower level local governments shall prepare plans incorporating plans of lower councils in their respective areas of jurisdiction.
(4) The planning period for local governments shall be the same as that of the Central Government.
36. District technical planning committee.
(1) There shall be a district technical planning committee chaired by the chief administrative officer consisting of—
(a) heads of department of that district;
(b) any technical person co-opted by the chief administrative officer.
(2) The district technical planning committee shall coordinate and integrate all the sectoral plans of lower level local governments for presentation to the district council.
(1) For purposes of carrying out the functions stipulated under section 35, local governments shall establish planning units.
(2) The department of a district council responsible for economic planning shall constitute the planning unit and be the secretariat to service the district technical planning committee.
(3) The technical planning committee of a lower local government shall consist of all heads of department or sectors in its area of jurisdiction, and the subcounty chief or town clerk shall be the chairperson.
(4) The technical planning committee referred to in subsection (3) shall coordinate all plans of lower councils and submit the integrated plans to their respective councils for consideration.
Legislative powers.
38. Enactment of district laws.
(1) A district council shall have powers to make laws not inconsistent with the Constitution or any other law made by Parliament which power shall be exercised by the passing of local bills into ordinances by the council and signed by the chairperson.
(2) A local bill passed by a district council shall be forwarded to the Attorney General through the Minister to certify that the local bill is not inconsistent with the Constitution or any other law enacted by Parliament before the chairperson signs the law.
(3) Where the Minister with the advice of the Attorney General is of the opinion that a bill for an ordinance contravenes or derogates from the Constitution or other law by Parliament, he or she shall, within 90 days, return the bill with his or her comments to the relevant council for modification or other appropriate action.
(4) A bill enacted by the district council and signed by the district chairperson under this section shall be an ordinance of the council and shall be published in the official Gazette and in the local media.
(5) The public shall be given access to any ordinance passed or to be passed by the council as is provided in the Third Schedule.
(6) Subject to the Constitution, the council may in any ordinance delegate its powers to legislate to a council, trust fund or secretariat formed under section 8 of this Act and article 178 of the Constitution, which power shall be discharged by making rules or orders under the enabling ordinance or as may be agreed upon in the charter.
(7) The procedure for passing a bill to an ordinance shall be as is provided in the Third Schedule.
39. Byelaws by lower councils.
(1) An urban, subcounty, division or village council may, in relation to its powers and functions make byelaws not inconsistent with the Constitution, or any law enacted by Parliament, or an ordinance of the district council or a byelaw passed by a higher council.
(2) Byelaws made under this section—
(a) by a municipality, shall be subject to section 38(2);
(b) by a lower local council other than a municipality shall be forwarded to the district council to certify that the byelaw is not inconsistent with the Constitution, or any law enacted by Parliament, or an ordinance of a district or a byelaw passed by a higher council;
(c) by the village or municipal division councils in a municipality shall be forwarded to the municipal council to certify that the byelaw is not inconsistent with any law or ordinance or byelaw passed by a higher council;
(d) by the village council shall be forwarded to the subcounty council to certify that the byelaw is not inconsistent with any law or ordinance or a byelaw passed by a higher council.
(3) Where the Minister or the relevant council, as the case may be, is of the opinion that the byelaw forwarded under subsection (2) contravenes or derogates from the Constitution, or any law or an ordinance, or a byelaw passed by a higher council, the Minister or the council shall within 60 days from the date of receipt, return the byelaw with his or her or its comments to the enacting council for modification or other appropriate action.
(4) A byelaw made under this section may prescribe fees, or charges or fines not exceeding two currency points in breach of the byelaw.
(5) On the making of a byelaw, a council shall notify the next higher local government before implementing that byelaw.
(6) The procedure of passing a byelaw by a local government council shall be as is provided in the Third Schedule.
(7) A byelaw made under this section may—
(a) create an offence for a breach of a provision of the byelaw;
(b) in the case of a municipality, prescribe a penalty of a fine not exceeding two currency points or a term of imprisonment not exceeding six months or both in respect of an offence created under paragraph (a) of this subsection;
(c) provide that where a person is convicted of an offence created by the byelaw which prohibits possession of an article, object or thing, the court orders the forfeiture or destruction of the article, object or thing in addition to the penalty provided;
(d) in the case of a municipality, prescribe that in addition to or substitution for the penalty, if the breach relates to a condition of a licence or permit under the byelaws, the licence or permit be suspended or cancelled;
(e) provide that in addition to the penalty, any expenses incurred by the local council or person or other public body as a result of the breach of a provision of an ordinance or nonperformance of a requirement under the ordinance shall be paid by the person convicted, and expenses may be recovered summarily as a civil debt.
40. Ordinance may create offences and penalties.
An ordinance made under section 38 may—
(a) create an offence for a breach of a provision of the ordinance;
(b) prescribe a penalty of a fine not exceeding two currency points or a term of imprisonment not exceeding six months or both in respect of an offence created under paragraph (a);
(c) provide that where a person is convicted of an offence created by an ordinance which prohibits possession of an article, object or thing, the court orders the forfeiture or destruction of the article, object or thing in addition to the penalty under paragraph (b) of this section;
(d) prescribe that in addition to or substitution for the penalty, if the breach relates to a condition of a licence or permit under the ordinance, the licence or permit be suspended or cancelled;
(e) provide that in addition to the penalty, any expenses incurred by the local council or a person or other public body as a result of the breach of a provision of an ordinance or nonperformance of a requirement under the ordinance shall be paid by the person or body convicted, and the expenses may be recovered summarily as a civil debt.
41. Ordinance may impose fees, etc. for services.
An ordinance made under section 38 may prescribe fees or charges equivalent to full cost recovery in relation to any act done or to be done or service given under the ordinance and may require any act to be done or performed to the satisfaction of a prescribed person or body.
(1) An ordinance may be made to apply to the whole district or any part of a district or to a particular section or profession of the people, and the power to make ordinances shall include power to regulate different matters in respect of different parts in the district.
(2) For the avoidance of doubt, no ordinance shall be made in respect of any matter or issue for which adequate provision is made under the Constitution or any law made by Parliament except for ease of reference, in which case the ordinance shall reproduce the provisions of that article or law in its entirety.
43. Effective date of an ordinance.
The effective date of an ordinance or byelaw made under this Act shall be the date of publication in the official Gazette or as may be provided in the ordinance.
44. Local councils not to legislate on judicial powers.
A local council shall have no power to make any law relating to the establishment or administration of courts or to the exercise of judicial powers.
PART V
ADMINISTRATIVE UNITS.
45. Administrative units, councils and committees.
(1) There shall be administrative units based on—
(a) in rural areas—
(i) ...
(ii) the parish; and
(iii) the village;
(b) in urban areas—
(i) the parish or ward;
(ii) the town board; and
(iii) the cell.
(2) There shall be a council at each level of the administrative unit except in the case of a county.
(3) The provisions of subsection (2) shall not apply to municipalities.
46. Composition of administrative unit councils.
(1) The council shall consist of—
(a) ...
(b) at the parish level, all the members of the village executive committees in the parish;
(c) at the village level, all persons of 18 years or above residing in that village who are willing to be members.
(2) There shall be the following ex officio members—
(a) ...
(b) at the parish level, all subcounty councillors representing constituencies in the parish.
(3) A town board shall consist of the Chief Administrative Officer as chairperson, the District Engineer, District Director of Health Services, District Planner and District Police Commander; and the Town Clerk of the town board, who shall be appointed by the District Service Commission shall be the Secretary.
(4) Notwithstanding subsection (1)(c) a decision taken by a village council is binding on all persons residing in the village.
(5) The Electoral Commission shall compile, maintain, revise and update voters' registers in respect of persons willing to be members of a village and parish or ward or county council.
47. Parish and village executive committee.
(1) ...
(2) There shall be an executive committee at each parish and village administrative unit consisting of the following—
(a) a chairperson;
(b) a vice chairperson who shall also be secretary for children welfare;
(c) a general secretary;
(d) a secretary for information, education and mobilisation;
(e) a secretary for security;
(f) a secretary for finance;
(g) a secretary for production and environmental protection;
(h) the chairperson of the youth council at the parish or village level, who shall be the secretary for youths;
(i) the chairperson of the women councils at the parish or village level who shall be the secretary for women and also the public health coordinator; and
(j) the chairperson of the organisation for persons with disabilities at the parish or village level who shall be secretary for persons with disabilities affairs;
(k) the chairperson of the council of older persons of the parish or village level who shall be the secretary of the Council of older persons.
(2a) The office of a member of the executive committee at the village or parish administrative unit shall become vacant where—
(a) the appointment is revoked by the chairperson;
(b) the member—
(i) resigns from office;
(ii) is disqualified from being a member of the council;
(c) a new chairperson assumes office;
(d) the council removes the member under subsection (4).
(3) At least one-third of the executive committee members at the parish or village level shall be women.
(4) The Chairperson or a member of the Executive Committee may be removed from office by the relevant Council supported by two-thirds of the members of the Council on any or all of the following grounds—
(a) abuse of office;
(b) corruption;
(c) incompetence;
(d) misconduct;
(e) failure or refusal without justifiable reason to implement lawful Council decisions; and
(f) in the case of a Chairperson, failure to call a Council meeting for more than three months without reasonable cause.
(5) For the purposes of removing a member from office under subsection (4), the notice in writing signed by not less than one-third of all the members of the Council shall be submitted by the Village or Parish Council to the Clerk at the Subcounty with a copy to the Magistrate—
(a) stating that they intend to pass a resolution of the Council to remove the member from office on any or all of the grounds set out in that subsection; and
(b) setting out the particulars of the charge supported by the necessary documents, where applicable, on which it is claimed that a member be removed from office.
(6) The notice referred to in subsection (5) shall be sent to the Magistrate at least 21 days before the date of the meeting in which the resolution for the removal of the member from office is to be made.
(7) The Magistrate shall, within 14 days, acknowledge receipt of the notice and make arrangements for the meeting in which the Council intends to remove the member from office.
(8) The Magistrate shall preside at the removal of a member of an Executive Committee of a Village, Parish or County Council.
(9) The member of the Executive Committee who is the subject of a resolution for removal shall be given an opportunity to defend himself or herself against the accusations before a vote is taken on the resolution by the Council.
(10) The Returning Officer shall, after ascertaining that the provisions of this section have been complied with, declare the office on the Executive Committee which the person removed was occupying to be vacant and make arrangements for election of another person to the office.
48. Functions of an administrative unit council.
The functions of an administrative unit council shall be—
(a) to draw the attention of the district chairperson, the chief administrative officer and the assistant chief administrative officer at the county level or the chief at the parish level to any matter that rouses their concern or interest;
(b) ...
(c) at the parish level to resolve problems or disputes referred to it by relevant subcounty or village councils;
(d) to resolve problems identified at that level;
(e) to monitor the delivery of services within its area of jurisdiction;
(f) to assist in the maintenance of law, order and security;
(g) to carry out any functions that may be assigned to it by the district council or higher local government councils; and
(h) to carry out any other function conferred by law or incidental to the above.
48A. Functions of a town board.
The town board shall perform such functions as the Minister may, by statutory instrument, prescribe.
49. Functions of the parish and village executive committee.
The parish or village executive committee shall oversee the implementation of policies and decisions made by its council and shall—
(a) assist in the maintenance of law, order and security;
(b) initiate, encourage, support and participate in self-help projects and mobilise people, material and technical assistance in relation to self-help projects;
(c) at the village level vet and recommend persons in the area who should be recruited into the Uganda Peoples' Defence Forces, the Uganda Police Force, and the Uganda Prisons Service and local defence units;
(d) serve as the communication channel between the Government, the district or higher local council and the people in the area;
(e) generally monitor the administration in its area and report to the higher or district council;
(f) generally monitor projects and other activities undertaken by the Government, local governments, and nongovernmental organisations in their area;
(g) carry out other functions which may be imposed by law or incidental to the above.
50. Functions of the chairperson of an administrative unit council.
The chairperson shall—
(a) at the parish level convene and preside at all meetings of the parish council; and in the absence of the chairperson, the vice chairperson shall perform those functions;
(b) at the village level—
(i) be the political head;
(ii) preside at meetings of the council;
(iii) monitor the general administration of the area under his or her jurisdiction;
(iv) perform other functions that may be necessary for the better functioning of the council, or which may be incidental to the functions of the chairperson or imposed on the chairperson by any law;
(c) make a report to the respective CounciI on the state of affairs of the administrative unit, at least once in a year.
50A. Performance of functions in absence of Chairperson.
(1) Where the Chairperson and the Vice Chairperson of an administrative unit are unable to perform the functions of the Chairperson, the Assistant Returning Officer shall convene the administrative Council for the purposes of presiding over the elections of a person from the Council to perform the functions of the Chairperson.
(2) Before assuming office, a person elected under subsection (1) shall take and subscribe the oaths if any, specified for that office.
(3) A person holding an office on the Executive Committee immediately before a person assumes the functions of Chairperson under subsection (1) shall continue to hold office until the Chairperson, Vice Chairperson or a new Chairperson assumes office.
(4) A person assuming the functions of the Chairperson under subsection (1) shall not have power to fill any vacancy on the Executive Committee.
51. Members of the executive committee and councillors to be part time.
Councillors and members of the executive committee of an administrative unit council shall be part time.
51A. Payment of honoraria to chairpersons of village, parish and ward councils.
A chairperson of a village, parish or ward council shall be paid honoraria in accordance with the First Schedule to this Act.
PART VI
THE DISTRICT PUBLIC SERVICE.
52. Establishment and abolition of offices.
Subject to the Constitution and any other law, a district or an urban council may establish or abolish offices in the public service of a district or urban council in accordance with staff regulations made under this Act.
Subject to art
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