Uganda Act or statute

Parliament of Uganda

Expropriated Properties Act

People legitimately occupying or managing affected property or businesses at the Act's commencement must continue to occupy or manage them until they are returned, sold, or otherwise disposed of;…

Jurisdiction: Uganda
Structure: 16 provisions
Citation: Chapter 68
Dates: As at 31 Dec 2023

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Dates: As at 31 Dec 2023

Source attribution: Source: Uganda Legal Information Institute

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“This section provides definitions of terms used in the Act (for example: "Board", "departed Asians", "former owner", "joint venture company", "military regime", "Minister", "property or business", and "scheduled article").”

People legitimately occupying or managing affected property or businesses at the Act's commencement must continue to occupy or manage them until they are returned, sold, or otherwise disposed of; occupants entitled by the section must pay rents as determined by the Minister; certain government officers or legitimate tenants are entitled to at least ninety days' notice to vacate residential property when it is returned, sold or disposed of under the Act. Money obtained from selling or disposing of property or a business under this Act must be paid into a government account as the Minister directs. The Government must pay compensation to certain former owners (non-citizens) affected by section 9; former owners, joint venture companies or the Government must pay for improvements when property/business is returned, and the Government must compensate persons or bodies who previously bought the property if it is returned; persons whose title was nullified under section 2 and who reacquire are not entitled to compensation; the Minister may determine or negotiate the period and manner of payment unless already paid before commencement. The Minister must, when implementing this Act and in matters of valuations, be guided by the board of valuers established under section 2 of the Properties and Businesses (Acquisition) Decree, 1975. The Act does not create or confer a right on any person or body to sue the Government for damages for loss or deterioration occurring before the Act commenced.

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1. Interpretation

This section provides definitions of terms used in the Act (for example: "Board", "departed Asians", "former owner", "joint venture company", "military regime", "Minister", "property or business", and "scheduled article").

Section 1

13. Valuation of properties

The Minister must, when implementing this Act and in matters of valuations, be guided by the board of valuers established under section 2 of the Properties and Businesses (Acquisition) Decree, 1975.

Section 13

2. Re-vesting of properties in Government, etc.

Properties and businesses vested in the Government under subsection (1) are dealt with by the Act; the Minister may appoint persons or bodies to manage them and may prescribe further periods for continued tenancies, and until the Minister acts the Departed…

Section 2

5. Property in which Government wishes to participate

Section 5

9. Failure to claim, etc.

Section 9

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Source record from ulii.org · As at 31 Dec 2023

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Showing 16 of 16 provisions

Provision 11Commencement 4Interpretation

§ 11. InterpretationInterpretation

Section 1. Interpretation Section In this Act, unless the context otherwise requires— “ Board ” means the Departed Asians’ Property Custodian Board established by section 5 of the Assets of Departed Asians Act; “ departed Asians ” means any Asian who left Uganda on or after the 9th day of August, 1972, in such manner as necessitated the taking over in the public interest of any property or business he or she left in Uganda; “ former owner ” means any person who was either the registered owner or proprietor of any real or movable property in Uganda or was a shareholder in a business or enterprise registered in Uganda and who was either expelled or forced to flee from Uganda during the period of the military regime or was in any other way dispossessed of the property or business ; and includes anybody who is the legal heir or successor of that person; “ joint venture company ” means a company in which the Government and a former owner invest and participate together; “ military regime ” means the Government in power during the period from the 25th January, 1971 to the 3rd June, 1979; “ Minister ” means the Minister responsible for finance; “ property or business ” means movable and immovable property and includes stocks, shares, assets and liabilities of whatever description; “ scheduled article ” has the same meaning as in the Industrial Licensing Act .

Section 1Verify source

§ 1010. Present tenantsCommencement

Section 10. Present tenants Section 10(1) Any person who, at the commencement of this Act, is legitimately occupying or managing property or a business affected by section 2 shall continue to so occupy or manage the property or business until the property or business is returned to the former owner or is sold or otherwise disposed of under this Act. Section 10(2) An officer or employee of the Government, a Government institution or parastatal body or any other legitimate tenant shall be entitled to not less than ninety days notice to vacate any residential property he or she is legitimately occupying where that property is returned to a former owner , sold or otherwise disposed of in accordance with this Act. Section 10(3) Any person who is entitled by this section to continue occupying or managing any property or business shall, for the period he or she continues to so occupy or manage, pay such rents as may be determined by the Minister .

Section 10Verify source

§ 1111. Proceeds of sale, etc.Provision

Money obtained from selling or disposing of property or a business under this Act must be paid into a government account as the Minister directs.

Section 11. Proceeds of sale, etc. Section All money realised from the sale or other disposal of any property or business under this Act shall be paid into such account of the Government or Government body as the Minister may direct.

Section 11Verify source

§ 1212. Compensation and settlementsCommencement

The Government must pay compensation to certain former owners (non-citizens) affected by section 9; former owners, joint venture companies or the Government must pay for improvements when property/business is returned, and the Government must compensate persons or bodies who previously bought the property if it is returned; persons whose title was nullified under section 2 and who reacquire are not entitled to compensation; the Minister may determine or negotiate the period and manner of payment unless already paid before commencement.

Section 12. Compensation and settlements Section 12(1) The Government shall pay compensation to any former owner , not being a citizen of Uganda, whose property or business is affected by section 9 . Section 12(2) Where property or business is returned to a former owner or transferred to a joint venture company or retained by the Government in accordance with this Act, the former owner or the company or the Government, as the case may be, shall be liable to pay for the value of any improvements in the property or business to the person or body that effected the improvement. Section 12(3) Where property or business had been transferred to any person or body for value and the property or business is returned to a former owner or is otherwise dealt with in accordance with this Act, the Government shall be liable to pay compensation to that person or body. Section 12(4) The compensation payable under subsection (3) shall be the purchase price less the income derived or which ought to have been derived from the property or business from the date of the transfer. Section 12(5) Any person whose title to or ownership of any property or business is nullified by section 2 and who reacquires the property or business in accordance with section 9 shall not be entitled to any compensation otherwise payable under this section. Section 12(6) Any compensation, unless already paid before the commencement of this Act, shall be paid over such period and in such manner as the Minister may determine or negotiate with the person or body to be compensated.

Section 12Verify source

§ 1313. Valuation of propertiesProvision

The Minister must, when implementing this Act and in matters of valuations, be guided by the board of valuers established under section 2 of the Properties and Businesses (Acquisition) Decree, 1975.

Section 13. Valuation of properties Section In the implementation of this Act, the Minister shall, in matters of valuations, be guided by the board of valuers established under section 2 of the Properties and Businesses (Acquisition) Decree, 1975.

Section 13Verify source

§ 1414. Legal proceedingsCommencement

The Act does not create or confer a right on any person or body to sue the Government for damages for loss or deterioration occurring before the Act commenced.

Section 14. Legal proceedings Section Notwithstanding the Government Proceedings Act, and except as provided herein, nothing in this Act shall be construed as conferring a right on any person or body to sue the Government for damages arising from any loss, damage, waste or deterioration of any property or business covered under this Act where the loss, damage, waste or deterioration occurred before the commencement of this Act.

Section 14Verify source

§ 1515. AppealProvision

A person aggrieved by a Minister's decision may appeal to the High Court within thirty days of communication of the decision.

Section 15. Appeal Section 15(1) A person who is aggrieved by any decision made by the Minister under this Act, may, within thirty days from the date of communication of the decision to him or her, appeal to the High Court against the decision. Section 15(2) Where the Minister ’s decision is made in writing, the decision shall be deemed to have been communicated— Section 15(2)(a) fourteen days after the date of posting, where it is sent to an address in Uganda; and Section 15(2)(b) twenty-one days after the date of posting, where it is sent to an address outside Uganda.

Section 15Verify source

§ 1616. RegulationsProvision

Regulations: Section prescribing forms of application; and

Section 16. Regulations Section prescribing forms of application; and

Section 16Verify source

§ 22. Re-vesting of properties in Government, etc.Provision

Section 2. Re-vesting of properties in Government, etc. Section 2(1) Any property or business which was— Section 2(1)(a) vested in the Government and transferred to the Departed Asians Property Custodian Board under the Assets of Departed Asians Act; Section 2(1)(b) acquired by the Government under the Properties and Businesses (Acquisition) Decree, 1973; or Section 2(1)(c) in any other way appropriated or taken over by the military regime except property which had been affected by the provisions of the National Trust Decree, 1971, Section 2(2) For the avoidance of doubt, and notwithstanding the provisions of any written law governing the conferring of title to land, property or business and the passing or transfer of that title, it is declared that— Section 2(2)(a) any purchase, transfer and grant of, or any dealings of whatever kind in such property or business is nullified; and Section 2(2)(b) where any property affected by this section was at the time of its expropriation held under a lease or an agreement for a lease, or any other specified tenancy of whatever description, and where the lease, agreement for a lease or tenancy had expired or was terminated, the same shall be deemed to have continued, and to continue in force until the property has been dealt with in accordance with this Act, and for such further period as the Minister may by regulations made under this Act prescribe. Section 2(3) The Minister may, by statutory order, appoint any person or body to manage any property or business vested in the Government under subsection (1) . Section 2(4) Until such a time as the Minister has exercised his or her powers under subsection (3) , the Departed Asians Property Custodian Board established under section 5 of the Assets of Departed Asians Act shall continue to manage such properties and businesses.

Section 2Verify source

§ 33. Power to transferproperty or businessProvision

The Minister is granted the power to transfer property or business vested in the Government to a former owner, subject to the Act.

Section 3. Power to transferproperty or business Section 3(1) Subject to this Act, the Minister shall have the power to transfer to the former owner of any property or business vested in the Government under this Act that property or business . Section 3(2) Nothing in this Act shall be construed as empowering the Minister to transfer property or business to a former owner unless the Minister is satisfied that the former owner shall physically return to Uganda, repossess and effectively manage the property or business . Section 3(3) Subsection (2) shall not apply to a former owner who jointly participates with the Government in the ownership and management of any property or business pursuant to section 5 .

Section 3Verify source

§ 44. Application for repossessionCommencement

Former owners of property or business vested in the Government under section 2 may apply in writing to the Minister, in prescribed form and within ninety days of commencement, to repossess that property or business.

Section 4. Application for repossession Section Any former owner of property or business vested in the Government under section 2 may, within ninety days of the commencement of this Act, apply to the Minister in writing and in such form as may be prescribed for repossession of the property or business.

Section 4Verify source

§ 55. Property in which Government wishes to participateProvision

If an application under section 4 concerns property or business the Government wishes to participate in, the Minister must notify the applicant and invite negotiations; if negotiations succeed the Minister shall issue a certificate transferring the property or business to a joint venture company; the Minister may also, if satisfied that property or business is being managed under a joint venture agreement in Uganda's best interest, issue a validating certificate without following subsections (1) and (2).

Section 5. Property in which Government wishes to participate Section 5(1) Where an application made under section 4 relates to property or business in which the Government wishes to participate, the Minister shall notify the applicant accordingly and invite him or her to enter into negotiations for that purpose. Section 5(2) Where the negotiations under subsection (1) are successfully concluded, a joint venture company shall be incorporated and the Minister shall issue a certificate transferring the property or business to that company. Section 5(3) Where the Minister is satisfied that any property or business affected by this Act is being occupied, managed or rehabilitated under a joint venture agreement with a former owner which is in the best interest of Uganda, the Minister may without recourse to subsections (1) and (2) issue a certificate validating the transfer of any property or business made pursuant to the joint venture agreement.

Section 5Verify source

§ 66. Property in which Government does not wish to participateProvision

On application under section 4 for property or business the Minister must, after satisfying himself or herself and subject to subsections (2) and (3), issue a certificate authorising the former owner to repossess; the Minister must consult lenders where there are registered encumbrances and may direct arrangements if no agreement is reached; the Minister is not obliged to return a registered business unless satisfied the former owner held a reasonable percentage of shares.

Section 6. Property in which Government does not wish to participate Section 6(1) On receipt of an application made under section 4 relating to property or business in which the Government does not wish to participate, the Minister shall, subject to subsections (2) and (3) , after satisfying himself or herself with the merits of the application, issue a certificate authorising the former owner to repossess the property or business. Section 6(2) Notwithstanding sections 2(2) and 3 , where the property or business affected by this Act is applied for by a former owner, and the property or business is the subject of a caveat, lien, loan, charge, mortgage or any other registered encumbrance in favour of a bank, financial institution or any other lender, the Minister shall first hold consultations with the former owner and the bank, financial institution or other lender, as the case may be, with a view to securing mutually acceptable arrangements for the discharge of any such liabilities or encumbrances. Section 6(3) Where no agreement is reached following any consultations held in accordance with subsection (2) , the Minister shall direct such arrangements as he or she considers fit in any particular case. Section 6(4) Subject to section 9(1) , in the case of a registered business or enterprise, nothing in subsections (1) , (2) and (3) shall be construed as obliging the Minister to return the registered business or enterprise to a former owner unless the Minister is satisfied that the former owner held a reasonable percentage of shares in it.

Section 6Verify source

§ 77. Transfer of titleProvision

The Registrar of Titles to transfer title to the new joint venture company or to the former owner.

Section 7. Transfer of title Section the Registrar of Titles to transfer title to the new joint venture company or the former owner , as the case may be;

Section 7Verify source

§ 88. Restriction on sale, etc.Provision

Property or business transferred to a joint venture company or to a former owner under this Act cannot be sold or otherwise disposed of without the Minister's written consent until five years after the transfer.

Section 8. Restriction on sale, etc. Section Any property or business transferred to a joint venture company or to a former owner under this Act shall not be sold or otherwise disposed of without the written consent of the Minister until after five years from the date of the transfer.

Section 8Verify source

§ 99. Failure to claim, etc.Provision

If certain conditions occur (former owner fails to apply, Minister dissatisfied, negotiations fail, or former owner does not return and reside in Uganda within 120 days), the Minister may make orders; where such an order involves encumbered property the Minister must direct discharge arrangements and must issue a certificate to the purchaser or recipient.

Section 9. Failure to claim, etc. Section 9(1) Where— Section 9(1)(a) a former owner of any property or business does not apply for repossession within the period specified under section 4 ; Section 9(1)(b) the Minister is not satisfied with the application made under section 4 ; Section 9(1)(c) negotiations under section 5(1) fail; or Section 9(1)(d) having been authorised to repossess the property or business under section 6 , the former owner fails to physically return and reside in Uganda within one hundred twenty days from the date of the authorisation, Section 9(2) Where an order made under subsection (1) concerns property or a business which is the subject of a caveat, lien, loan, charge, mortgage or any other registered encumbrance in favour of a bank, financial institution or any other lender, the Minister shall direct such arrangements as he or she considers fit for the discharge of any such liability or encumbrance. Section 9(3) The Minister shall issue a certificate to the purchaser or recipient of any property or business sold or otherwise disposed of under this section, and the certificate shall have the same effect as a certificate issued under sections 5 and 6 .

Section 9Verify source

Legislative relationships

2 referenced instruments

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2 instruments

Assets of Departed Asians Act
Section 1
Departed Asians Act
Section 2

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31 Dec 2023 · currentEnglish

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