Uganda Act or statute

Parliament of Uganda

Enguli (Manufacture and Licensing) Act

Jurisdiction: Uganda
Structure: 19 provisions
Citation: Chapter 86
Dates: As at 31 Dec 2000

More statute details

Dates: As at 31 Dec 2000

Source attribution: Source: Uganda Legal Information Institute

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Purpose and legislative effect

“This section provides definitions of terms used in the Act, including "area licensing board", "authorised officer", "Central Licensing Board", "collecting centre", "distil", "enguli", "exclusive buying licence", "jaggery manufacturing licence", and "refined spirits".”

This section provides definitions of terms used in the Act, including "area licensing board", "authorised officer", "Central Licensing Board", "collecting centre", "distil", "enguli", "exclusive buying licence", "jaggery manufacturing licence", and "refined spirits". An area licensing board may revoke an enguli licence for specified grounds; after revocation it must notify the licence holder and require surrender, sale of stock to the exclusive licensee, and destruction of manufacturing apparatus within fifteen days; the licence holder may appeal to the Minister within fifteen days. If the area licensing board is satisfied that an enguli licence is lost or destroyed, it must issue a duplicate licence to the licensee upon payment of the fee prescribed by the Minister by rules under this Act. A cooperative society may, by arrangement with an enguli licence holder who is its member, deliver and sell that holder’s enguli to the exclusive licensee and receive payment; payments made by the exclusive licensee to the cooperative society under subsection (1) discharge the exclusive licensee’s debt to the licence holder. No person is allowed to manufacture, sell, possess, use apparatus for manufacture, consume, or export enguli without a licence.

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None - Interpretation

Section 1

None - Establishment of Central Licencing Board

Establishes a Central Licensing Board consisting of a chairperson and six members appointed by the Minister.

Section 3

None - Enguli licences

Area licensing boards may grant enguli licences on application and payment; licence-holders must comply with specified conditions including limits on manufacture, sale only to the exclusive licensee, reporting excess stock, and keeping prescribed records.

Section 7

None - Protection from personal liability

Certain officers (authorised officers, supervisors, members of licensing boards, and officers/agents/servants of the board) acting bona fide to execute the Act are not personally liable to any action, liability, claim or demand.

Section 15

None - Saving

The provisions of this Act are in addition to, and do not derogate from, the provisions of any other written law.

Section 19

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Source record from ulii.org · As at 31 Dec 2000

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Showing 19 of 19 provisions

Provision 11Offence 6InterpretationAmendment

Part I

§ 1None - InterpretationInterpretation

Section Interpretation Section In this Act, unless the context otherwise requires— " area licensing board " means a board appointed under section 4 ; " authorised officer " means any administrative officer, any police officer, any chief or any other person designated by the Minister to be an authorised officer for the purposes of this Act; " Central Licensing Board " means the board established by section 3 ; " collecting centre " means a place established by the Minister under section 6 (3)(a) for the purchase of enguli by the exclusive licensee from the holders of enguli licences; " distil " includes "redistil"; " enguli " means any spirits manufactured in Uganda but does not include refined spirits or any other spirits produced locally by the exclusive licensee; " exclusive buying licence " means a valid licence granted under section 6 , and "exclusive licensee" shall be construed accordingly; " jaggery manufacturing licence " means a licence granted under section 13 ; " refined spirits " means potable spirits, blended from a specially prepared alcoholic concentrate and pure neutral spirit produced from enguli ; the resultant blend, after a suitable period of maturing, being reduced or let down with treated water to drinking strength for bottling, and which is manufactured by the exclusive licensee and marketed under the trademark of "Uganda Waragi" or any other trademark approved by the Minister by statutory order.

Section 1Verify source

Part II

§ 10None - Revocation of enguli licencesOffence

An area licensing board may revoke an enguli licence for specified grounds; after revocation it must notify the licence holder and require surrender, sale of stock to the exclusive licensee, and destruction of manufacturing apparatus within fifteen days; the licence holder may appeal to the Minister within fifteen days.

Section Revocation of enguli licences Section An area licensing board may revoke any enguli licence issued by it under this Act if the licence holder— Where an enguli licence has been revoked under this section, the area licensing board shall by notice in writing require the licence holder, within fifteen days from the date of the notice— subject to the other provisions of this Act, fails to supply to the exclusive licensee the quantity of enguli specified in his or her licence; or is convicted of an offence involving moral turpitude under any written law other than this Act and for which a sentence of imprisonment has been passed for any term without the option of fine. to surrender to the board the licence; to sell to the exclusive licensee all the enguli in the licence holder’s possession at the date of the revocation of the licence; and to destroy the apparatus used for the manufacture of enguli which is in the licence holder’s possession or under his or her control, Any person whose licence has been revoked by the board under this section may, within fifteen days from the date of the notice served upon him or her under subsection (2), appeal to the Minister against the revocation, and the decision of the Minister shall be final.

Section 10Verify source

§ 11None - Duplicate licencesProvision

If the area licensing board is satisfied that an enguli licence is lost or destroyed, it must issue a duplicate licence to the licensee upon payment of the fee prescribed by the Minister by rules under this Act.

Section Duplicate licences Section Where it is satisfied that an enguli licence has been lost or destroyed, the area licensing board shall, on payment of such fee as may be prescribed by the Minister by rules made under this Act, issue a duplicate of the licence to the licensee.

Section 11Verify source

§ 12None - Special provisions for cooperative societiesProvision

A cooperative society may, by arrangement with an enguli licence holder who is its member, deliver and sell that holder’s enguli to the exclusive licensee and receive payment; payments made by the exclusive licensee to the cooperative society under subsection (1) discharge the exclusive licensee’s debt to the licence holder.

Section Special provisions for cooperative societies Section Notwithstanding any other provisions of this Act, where any enguli licence holder is a member of a society registered under the Cooperative Societies Act, that society may by arrangement with the licence holder undertake on behalf of the licence holder to deliver and sell the licence holder’s enguli to the exclusive licensee and to receive payment for it. Any payment made by the exclusive licensee to a cooperative society under subsection (1) shall be a sufficient discharge for the money due and payable to the licence holder by the exclusive licensee.

Section 12Verify source

§ 2None - Prohibition of manufacture, sale, etc. of enguli without licenceProvision

No person is allowed to manufacture, sell, possess, use apparatus for manufacture, consume, or export enguli without a licence.

Section Prohibition of manufacture, sale, etc. of enguli without licence Section No person shall— manufacture, sell or otherwise deal in enguli ; have in his or her possession any enguli ; or have in his or her possession or under his or her management or control any apparatus used or intended to be used for the manufacture of enguli , No person shall consume enguli . No person shall export enguli .

Section 2Verify source

§ 3None - Establishment of Central Licencing BoardProvision

Establishes a Central Licensing Board consisting of a chairperson and six members appointed by the Minister.

Section Establishment of Central Licencing Board Section There is established a Central Licensing Board which shall comprise a chairperson and six other members all of whom shall be appointed by the Minister. The chairperson and members of the board shall hold office for two years from the date of their appointment but shall be eligible for reappointment. The Minister may at any time in his or her discretion revoke any appointment and may appoint another person to fill the resulting vacancy for the remaining period during which the revoked appointment would have subsisted. The chairperson and any other member of the board may resign from the board by notice in writing addressed to the Minister, and as from the date specified in that notice or, if no date is specified, from the date of the receipt of the notice, that person shall cease to be a member of the board, and the Minister may appoint another person to fill the resulting vacancy.

Section 3Verify source

§ 4None - Objects and functions of Central Licensing BoardProvision

The Central Licensing Board must carry out specified duties: comply with Ministerial directions; set and limit annual enguli licences nationally and by district; limit district manufacturing quantities consistent with a Minister-determined national total after consultation; and appoint district area licensing boards with Ministerial approval.

Section Objects and functions of Central Licensing Board Section It shall be the duty of the Central Licensing Board — to comply with any direction of a general or specific nature which, subject to this Act, the Minister may give to it; subject to any directions of the Minister, to determine the total number of enguli licences that may be issued in Uganda in any one year and limit the number of such licences that may be issued in any district by the area licensing board appointed under the provisions of this section; to limit the quantity of enguli which may be licensed for manufacture in any one year in each district, the total of the quantities so limited being equal to the quantity which shall be determined by the Minister after consultation with the exclusive licensee to be the total quantity of enguli that may be manufactured in Uganda in the same year; to appoint, with the approval of the Minister, for each district, an area licensing board for the purposes of and in accordance with this Act.

Section 4Verify source

§ 5None - Area licensing boardsAmendment

An area licensing board must consist of four persons, and one of those persons must be the district commissioner of the area; the Minister may amend the Schedule to the Act by statutory order from time to time.

Section Area licensing boards Section An area licensing board shall consist of four persons, one of whom shall be the district commissioner of the area. The Schedule to this Act shall have effect in relation to every area licensing board . The Minister may from time to time by statutory order amend the Schedule to this Act.

Section 5Verify source

§ 6None - Exclusive buying licenceProvision

The Minister may grant exclusive buying licences; an exclusive licensee must buy enguli offered for sale at ministerially determined collecting centres and prices, except for enguli below a ministerially declared alcohol-strength percentage.

Section Exclusive buying licence Section An exclusive buying licence shall be subject to the following conditions— The Minister may by statutory order grant an exclusive buying licence to any person who has obtained a licence to manufacture excisable goods issued to the person under the provisions of the East African Excise Management Act. An exclusive buying licence shall remain in force only for so long as the exclusive licensee is in possession of a valid licence issued to him or her under the provisions of the East African Excise Management Act. the exclusive licensee shall buy all the enguli offered to it for sale by the holders of enguli licences issued under this Act at such collecting centres as may from time to time be established by the Minister by statutory order; except that the exclusive licensee shall not be required under this paragraph to buy any enguli which is of a strength less than such percentage of alcohol as may from time to time be declared by the Minister by statutory order; the exclusive licensee shall buy enguli offered to it for sale under the provisions of this section at such price per gallon or part of a gallon, and on payment for it on such terms, as may from time to time be fixed by the Minister, in consultation with the exclusive licensee, by rules made under this Act. The Minister may fix different prices for different qualities of enguli and for different areas of Uganda.

Section 6Verify source

§ 7None - Enguli licencesOffence

Section Enguli licences Section An enguli licence shall specify— In addition to complying with any of the matters specified in the licence under subsection (2), every holder of an enguli licence shall also comply with the following conditions, that is to say, he or she shall— Subject to this Act, an area licensing board may, on application made to it and on payment of the fee, on such form and at such rate as may be prescribed by the Minister by rules made under this Act, grant to any person an enguli licence. the premises in respect of which it is in force; the maximum quantity of enguli per month which the holder of the licence is permitted to manufacture for sale to the exclusive licensee; the period of the validity of the licence; the collecting centre at which the holder of the licence shall offer his or her enguli for sale to the exclusive licensee; any other matter which the area licensing board may for the proper carrying out of its functions under this Act specify. not buy or obtain in any way enguli from any other person; not sell or dispose in any way any enguli to any person other than the exclusive licensee or any agent of the exclusive licensee authorised for that purpose by the exclusive licensee; not manufacture any enguli in any one month in excess of the quantity specified in his or her licence; except that where the quantity manufactured in any one month falls short of the permitted quantity, he or she may make up the difference in the next succeeding month while his or her licence is still in force; not hold in his or her possession any stock of enguli in any one month in excess of the quantity he or she is permitted to manufacture for that particular month; but where in any one month his or her stock of enguli exceeds the permitted quantity, he or she shall forthwith report the excess to the area licensing board which may permit him or her to dispose of the excess to the exclusive licensee to be offset against the quantity he or she is permitted to manufacture in the next succeeding month; keep such records of his or her manufacture and disposal of enguli during the validity of his or her licence as may be prescribed by rules made by the Minister under this Act. The maximum quantity of enguli which the holder of an enguli licence may manufacture in any one month may be enguli of any alcoholic content, and where all or any of the enguli is rejected by the exclusive licensee under section 6 (3)(a), the enguli licence holder shall not be entitled to manufacture an equivalent quantity of enguli in addition to the maximum quantity specified in his or her licence. Any enguli rejected by the exclusive licensee under section 6 (3)(a) shall be destroyed forthwith by the enguli licence holder or, if not so destroyed, may, subject to subsection (4), be redistilled by him or her for sale to the exclusive licensee in the next succeeding month provided his or her licence is then still in force. An enguli licence shall not be transferable. Any person who contravenes any of the provisions of this section, or any orders or directions made under it, commits an offence against this Act.

Section 7Verify source

§ 8None - Refusal of and disqualifications for enguli licencesOffence

An area licensing board must not grant an enguli licence to persons meeting specified disqualifications (under‑18, recent convictions, undischarged bankrupts or those holding a jaggery manufacturing licence); the board may refuse applications without giving a reason; aggrieved applicants may appeal to the Minister whose decision is final.

Section Refusal of and disqualifications for enguli licences Section An area licensing board shall not grant an enguli licence to any person who— An area licensing board may refuse to grant an enguli licence without assigning any reason for the refusal. has not attained the apparent age of eighteen years; has been convicted of an offence under section 2 or 7 (3)(a) or (b) within the period of two years immediately preceding the date of his or her application for the licence; has been adjudged a bankrupt and has not, at the date of his or her application, been discharged, or has entered into a form of composition with his or her creditors; or holds a valid jaggery manufacturing licence issued to him or her under the provisions of Part III of this Act. Any applicant aggrieved by a decision of the area licensing board may appeal to the Minister whose decision shall be final.

Section 8Verify source

§ 9None - Form and duration of enguli licencesProvision

Enguli licences may be issued quarterly, six‑monthly, or yearly; they come into force on the first day of the relevant period and (unless earlier revoked) expire on the last day of that period or on 31st December for yearly licences.

Section Form and duration of enguli licences Section An enguli licence— An enguli licence shall be in such form as may be prescribed by the Minister by rules made under this Act. may be issued quarterly or six-monthly or yearly in any one year; shall come into force on the first day of the quarter or on the first day of the six-monthly period or on the first day of the year, as the case may be; and unless earlier revoked under this Act, shall expire on the last day of the quarter or on the last day of the six-monthly period or on the 31st December of the year, as the case may be.

Section 9Verify source

Part III

§ 13None - Manufacture of jaggeryOffence

No person may manufacture jaggery without a licence granted by the Minister; the Minister may grant and may revoke licences and a licence holder must submit production and sales returns; breach is an offence with a fine not exceeding two thousand shillings.

Section Manufacture of jaggery Section A jaggery manufacturing licence shall specify— No person shall manufacture jaggery without a licence being granted for that purpose by the Minister. On application made to the Minister and on payment of the fee, on such form and at such rate as may be prescribed by the Minister by rules made under this Act, the Minister may grant to any person a licence to manufacture jaggery. the premises in respect of which it is in force; the maximum quantity of jaggery which the holder of the licence is permitted to manufacture during the validity of the licence; any other matter which the Minister may, for better carrying out the provisions of this Act, specify. A jaggery manufacturing licence shall be in such form as may be prescribed by the Minister by rules made under this Act, and may be issued for a year or for one or more quarters in any year. A holder of a jaggery manufacturing licence shall submit to the Minister, or to such other person as the Minister may designate for that purpose, such returns of the production and sale of jaggery and at the intervals as the Minister may by statutory order specify. The Minister may revoke any jaggery manufacturing licence granted under this section if the holder of the licence fails to comply with any matters specified in his or her licence or contravenes any of the provisions of this section. Any holder of a jaggery manufacturing licence who contravenes any provision of this section commits an offence and is liable on conviction to a fine not exceeding two thousand shillings.

Section 13Verify source

Part IV

§ 14None - Powers of authorised officersOffence

Authorised officers may enter and inspect premises suspected to contain enguli, take samples, inspect licence records, require production of the enguli licence, and call for assistance; police may arrest without warrant; obstructing an authorised officer is an offence punishable by fine or imprisonment.

Section Powers of authorised officers Section An authorised officer may at all reasonable times— enter and inspect any premises, place, or vehicle in which he or she has reasonable cause to believe there is any enguli , or any apparatus used or intended to be used for the manufacture of enguli , or means pertaining to the manufacture or sale of any enguli ; inspect any records which a holder of an enguli licence is required to keep under this Act; take such samples of enguli as he or she may deem necessary for the purposes of examination or analysis and call upon the owner or occupier of the premises, place or vehicle in which the enguli is found to provide him or her with all reasonable assistance as he or she may need for so doing; require the owner or occupier of the premises to produce to him or her for inspection the enguli licence issued in respect of the premises under this Act. A police officer may arrest without warrant any person suspected of committing an offence under this Act. Any person who obstructs or impedes any authorised officer in the execution of his or her duty under this section commits an offence and is liable on conviction to a fine not exceeding five hundred shillings or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.

Section 14Verify source

§ 15None - Protection from personal liabilityProvision

Section Protection from personal liability Section No act, matter or thing done by an authorised officer or by a supervisor or by any member of any licensing board, or any officer, agent or servant of the board bona fide for the purpose of executing any of the provisions of this Act shall render him or her personally liable to any action, liability, claim or demand.

Section 15Verify source

§ 16None - Offences and penaltiesOffence

Contravening the Act or lawful orders is an offence punishable by a fine up to three thousand shillings, imprisonment up to six months, or both; the convicting court may revoke an enguli licence and order forfeiture of the enguli and manufacturing apparatus, and in other cases must order forfeiture in addition to the penalty.

Section Offences and penalties Section Where a person is convicted of an offence against section 2 or 7 (3)(a) or (b), the court convicting such offender— may where the offender is the holder of an enguli licence, in addition to the penalty provided by this section— Any person who contravenes or fails to comply with any of the provisions of this Act or any orders or directions lawfully issued under it commits an offence and is liable on conviction, where no other penalty is provided, to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment. revoke the licence and order the licence to be surrendered forthwith to the area licensing board ; and order the forfeiture of the enguli and the apparatus used for manufacturing it, in respect of which the offence was committed; and shall, in any other case, in addition to the penalty provided by this section, order the forfeiture of the enguli and the apparatus used for manufacturing it, in respect of which the offence was committed.

Section 16Verify source

§ 17None - RulesProvision

The Minister may make rules prescribing specified matters (fees, forms, prices, records, collection/transport/storage of enguli, powers and duties of the exclusive licensee, export control of refined spirits, and other matters to carry the Act into effect) and may make rules about supervisors for collection of enguli.

Section Rules Section The Minister may make rules prescribing— the fees to be charged for licences granted under this Act; the forms required to be used under this Act; in consultation with the exclusive licensee, from time to time the prices to be paid by the exclusive licensee for enguli purchased from holders of enguli licences; in consultation with the exclusive licensee, from time to time the maximum prices that may be charged by the exclusive licensee for refined spirits sold by the licensee, either wholesale or retail, to the public; the form of records to be kept by holders of enguli licences granted under this Act; the manner of collection and transport of enguli from licence holders to collecting centres and from collecting centres to the premises of the exclusive licensee, and the storage of the enguli at collecting centres; the powers and duties of the exclusive licensee and its agents in the collection of enguli at collecting centres; the control and regulation of the export of refined spirits ; any matter required to be prescribed under this Act; and any other matter for better carrying into effect the provisions of this Act. The Minister may by rules make provision for the appointment, functions and duties of supervisors to ensure the orderly collection of enguli at collecting centres in accordance with this Act.

Section 17Verify source

§ 18None - Allocation of revenueProvision

Fees collected for enguli licences must be credited to the revenues of the district where the licences are issued, except that fees for licences issued in a city, municipality or Government town established under the Local Governments Act must be credited to the revenue of that respective city, municipality or town.

Section Allocation of revenue Section Fees collected in respect of any enguli licences issued under this Act shall be credited to the revenues of the district in which the licences are issued; except that where fees are collected in respect of any enguli licences issued in any city, municipality or Government town established under the Local Governments Act, the fees shall be credited to the revenue of the respective city, municipality or town.

Section 18Verify source

§ 19None - SavingProvision

The provisions of this Act are in addition to, and do not derogate from, the provisions of any other written law.

Section Saving Section The provisions of this Act shall be in addition to and not in derogation of the provisions of any other written law.

Section 19Verify source

Legislative relationships

3 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

East African Excise Management Act
Section 6

N–S

2 instruments

Part III of this Act
Section 8
Schedule to the Act
Section 5

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