Uganda Act or statute

Parliament of Uganda

National Council for Older Persons Act

This section provides definitions (interpretation) of terms used in the Act, listing specific defined terms and their meanings. Members of the national council and persons co‐opted to its meetings may be paid…

Jurisdiction: Uganda
Structure: 38 provisions
Citation: Chapter 112
Dates: As at 8 Feb 2013

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Dates: As at 8 Feb 2013

Source attribution: Source: Uganda Legal Information Institute

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“This section provides definitions (interpretation) of terms used in the Act, listing specific defined terms and their meanings.”

This section provides definitions (interpretation) of terms used in the Act, listing specific defined terms and their meanings. Members of the national council and persons co‑opted to its meetings may be paid remuneration or allowances; the Minister responsible for gender, labour and social development may determine the rates in consultation with the Minister responsible for finance, planning and economic development. Establishes the National Council for Older Persons and sets its corporate status and powers to sue or be sued, manage property, enter contracts, and perform acts lawful for a body corporate. The seal of the national council is to be kept by the Executive Secretary and authenticated by signatures of the chairperson and Executive Secretary; documents issued with that seal and so authenticated are admissible in evidence without proof unless contradicted. Sets out the objects (functions) of the national council, listing five core functions including coordinating between Government departments and older persons, providing a structure for free and fair elections of representatives of older persons at local government levels, setting standards and regulations for service quality to older persons, acting as an annual platform for review, and monitoring and evaluating stakeholders' delivery of programmes for older persons.

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Preliminary - Interpretation

This section provides definitions (interpretation) of terms used in the Act, listing specific defined terms and their meanings.

Section 1

The National council - Meetings of the national council

The national council may prescribe the procedure of its committees.

Section 9

Lower councils for older persons - Composition of municipality, city division, town or subcounty council for older persons

A municipal, city division, town or subcounty council for older persons must be composed of specified members; the council must elect a chairperson and vice chairperson with regard to gender balance; the Community Development Officer sh…

Section 20

Election of representatives of older persons - Sponsorship of candidates by political organisations or political parties

Under the multi-party political system, nomination of candidates for older persons may be made by a political organisation, a political party sponsoring a candidate, or by an independent candidate.

Section 29

Miscellaneous - Exemption from liability for acts done in good faith

Members of the national council and staff members are exempt from liability for acts or omissions done in good faith while performing their functions under the Act.

Section 38

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Showing 38 of 38 provisions

Provision 37Interpretation

Part I

Preliminary

§ 1Preliminary - InterpretationInterpretation

This section provides definitions (interpretation) of terms used in the Act, listing specific defined terms and their meanings.

Section Interpretation Section In this Act, unless the context otherwise requires— " Executive Secretary " means the Executive Secretary appointed under section 11 ; " gender " means socially constructed or determined roles and responsibilities of men and women, girls and boys in a given culture that are learned and changeable over time and location specific; " geriatrician " means a doctor who specialises in the care and treatment of old people who are ill; " lower council for older persons " includes district or city, municipal, city divisions, municipal divisions, town and subcounty councils for older persons; " Minister " means the Minister responsible for older persons’ affairs; " national council " means the National Council for Older Persons’ established by section 2 ; " NGO " means a Non-Governmental Organisation; " older person " means a person aged sixty years and above; " region " means the East, West, North and Central; " secretariat " means the secretariat established under section 11 ; " service provider " means a person or organisation rendering services or providing goods to older persons; " social gerontologist " means a person who studies old age and the process of ageing.

Section 1Verify source

Part II

The National council

§ 10The National council - Remuneration of membersProvision

Members of the national council and persons co‑opted to its meetings may be paid remuneration or allowances; the Minister responsible for gender, labour and social development may determine the rates in consultation with the Minister responsible for finance, planning and economic development.

Section Remuneration of members Section A member of the national council and any person co-opted to any meeting of the national council may be paid such remuneration or allowances and at such rate as the Minister responsible for gender , labour and social development may in consultation with the Minister responsible for finance, planning and economic development determine.

Section 10Verify source

§ 2The National council - Establishment of the national councilProvision

Establishes the National Council for Older Persons and sets its corporate status and powers to sue or be sued, manage property, enter contracts, and perform acts lawful for a body corporate.

Section Establishment of the national council Section There is established a national council to be known as the National Council for Older Persons. The national council shall be a body corporate with perpetual succession, a common seal and may sue and be sued in its corporate name. The national council may, for and in connection with its objects and functions under this Act, purchase, hold, manage and dispose of any property, whether movable or immovable, and may enter into any contract and any other transactions as may be expedient, and may do any act or thing that is lawfully done by a body corporate.

Section 2Verify source

§ 3The National council - Seal of the national councilProvision

The seal of the national council is to be kept by the Executive Secretary and authenticated by signatures of the chairperson and Executive Secretary; documents issued with that seal and so authenticated are admissible in evidence without proof unless contradicted.

Section Seal of the national council Section The seal of the national council shall be kept under the custody of the Executive Secretary and shall be authenticated by the signature of the chairperson of the national council and the Executive Secretary . A document purporting to be an instrument issued with the seal of the council and authenticated in the manner described under subsection (1) shall be taken to be a document of the national council and is admissible in evidence without proof, except where the contrary is shown.

Section 3Verify source

§ 4The National council - Objects of the national councilProvision

Sets out the objects (functions) of the national council, listing five core functions including coordinating between Government departments and older persons, providing a structure for free and fair elections of representatives of older persons at local government levels, setting standards and regulations for service quality to older persons, acting as an annual platform for review, and monitoring and evaluating stakeholders' delivery of programmes for older persons.

Section Objects of the national council Section The objects of the national council are— to act as a coordinating body between Government departments, other service providers and older persons; to provide a structure through which free and fair elections of representatives of older persons will be conducted at any level of local governments; to set standards and regulations to guide Government, civil society organisations and private sector on the quality of services provided to older persons with a view to redressing any bottlenecks encountered; to act as a platform for older persons and stakeholders to meet regularly at least once in a year to review the performance of the national council ; to monitor and evaluate the extent to which Government, civil society, organisations and the private sector meet the needs of older persons in planning and implementing programmes designed for equality and full participation of Older Persons.

Section 4Verify source

§ 5The National council - Composition of the national councilProvision

The national council must be composed of specified members including representatives of listed ministries, elected older persons, and appointed specialists; at least one third of members must be female and the council must elect a chairperson and vice chairperson with gender balance.

Section Composition of the national council Section The national council shall be composed of the following members— one representative from the following government Ministries, as ex-officio members— two older persons, male and female from each region elected by the district executive committees of older persons; one representative of Non-Governmental Organisations working with older persons appointed by the Minister in consultation with the National Network for Organisation of Older Persons; one geriatrician experienced in managing diseases of older persons, appointed by the Minister in consultation with the National Network for Organisations of Older Persons; one social gerontologist , experienced in managing social-economic aspects of older persons appointed by the Minister in consultation with the National Network for Organisation of Older Persons; Ministry responsible for gender , labour and social development; Ministry responsible for health; Ministry responsible for public service; Ministry responsible for finance, planning and economic development; and Ministry responsible for local government. At least one third of the members of the national council shall be female. The national council shall elect a chairperson and a vice chairperson from among its members taking into consideration gender balance.

Section 5Verify source

§ 6The National council - Functions of national councilProvision

The national council has multiple duties including conducting surveys and investigations, communicating older persons' needs to government, monitoring inclusion by Government/NGOs/private sector, coordinating services, soliciting funds, advocating programmes, holding annual meetings, assisting the Electoral Commission with elections, and performing other Minister-determined functions.

Section Functions of national council Section The functions of the national council are— to carry out or commission surveys and investigations in matters or incidents relating— to act as a body at national level through which the needs, problems, concerns, potentials and abilities of older persons can be communicated to government and its agencies. to monitor and evaluate the extent to which Government, NGOs and the private sector include and meet the needs of older persons in their planning and service delivery. to act as a co-coordinating body between Government departments, other service providers and older persons. to solicit for and acquire funds and other resources from Government and development partners for use in the performance of the national council 's functions. to advocate for the promotion of and encourage activities and individuals for the promotion and development of programmes and projects designed to improve the lives and situation of older persons. to violation of rights of older persons; to non-compliance with policies, programmes; and to hold annual general meetings of representatives from district councils for older persons for the purpose of reviewing the council's performance and plan for the subsequent year. to assist the Electoral Commission to ensure the conducting of free and fair elections of representatives of older persons to the respective local government councils. to perform any other function relating to the foregoing or conducive or incidental to the carrying out of the objects of the national council as the Minister may determine.

Section 6Verify source

§ 7The National council - Tenure of office of members of the national councilProvision

Members and the Chairperson serve five-year terms (eligible for one reappointment); the Chairperson may resign by written notice to the Minister; the Minister has power to remove members or the Chairperson for specified causes or when a two‑thirds council resolution requests removal, with a medical-board certification required before removal for infirmity.

Section Tenure of office of members of the national council Section The Chairperson— A member of the national council may be removed by the Minister for— A member of the national council shall hold office for five years and is eligible for reappointment for only one more term. The Chairperson shall hold office for five years and is eligible for reappointment for only one more term. may resign his or her office as chairperson by notice in writing addressed to the Minister may be removed by the Minister from office as chairperson if requested to do so by a resolution of the national council supported by not less than two thirds of the members of the national council . misbehaviour; incompetence; proven inability to perform the functions of his or her office by reason of infirmity of mind or body; or for any other reasonable cause. A person shall not be removed from office under subsection (4)(c) as a result of infirmity of mind or body, unless a Medical Board established by the professional head of the health services in Uganda certifies that the person is unable to perform the functions of his or her office.

Section 7Verify source

§ 8The National council - Committees of national councilProvision

The national council may establish committees and may delegate any of its functions to those committees subject to conditions it determines.

Section Committees of national council Section The national council may establish such committees as it may deem necessary for the efficient performance of its functions under this Act. The national council may delegate any of its functions to any of the committees as it may deem fit and subject to such conditions as it may determine.

Section 8Verify source

§ 9The National council - Meetings of the national councilProvision

The national council may prescribe the procedure of its committees.

Section Meetings of the national council Section The provisions of the First Schedule to this Act shall have effect with regard to meetings of the national council . The national council may prescribe the procedure of its committees.

Section 9Verify source

Part III

The Secretariat

§ 11The Secretariat - SecretariatProvision

The national council must have a secretariat headed by the Executive Secretary.

Section Secretariat Section The national council shall have a secretariat headed by the Executive Secretary .

Section 11Verify source

§ 12The Secretariat - Executive SecretaryProvision

Establishes the Executive Secretary post: appointed by the Minister on the advice of the national council; holds office for five years full‑time subject to renewal; may resign with written notice; Minister may remove for misbehavior, incompetence or infirmity but infirmity removals require Medical Board certification; terms, remuneration and pensions set by the national council with Ministerial approval and consultation.

Section Executive Secretary Section The national council shall have an Executive Secretary appointed by the Minister on the advice of the national council . Subject to the provisions of this Act the Executive Secretary shall hold office for five years on a full time basis subject to renewal and on such terms and conditions as shall be specified in the instrument of his or her appointment. The Executive Secretary may resign from office by notice in writing addressed to the Minister through the national council , not more than one month before resignation. The Minister may on the advice of the National Council after giving him or her one month's notice in writing, remove the Executive Secretary from office for misbehavior or incompetence or may remove the Executive Secretary for inability to perform the functions of his or her office as a result of infirmity of mind or body. Notwithstanding subsection (4) the Executive Secretary shall not be removed from office under this section for inability to perform the functions of his or her office as a result of infirmity of body or mind unless a Medical Board appointed by the head of the health service of Uganda certifies that he or she is unable to perform the functions of his or her office. The terms and conditions of service of the Executive Secretary , shall be determined by the national council with the approval of the Minister . The national council shall pay to the Executive Secretary such remuneration and allowances as it deems reasonable and shall grant pension or retirement benefits or gratuity to the Executive Secretary at such rate as the national council shall determine after consultation with the Minister , the Minister responsible for finance and the Minister responsible for public service.

Section 12Verify source

§ 13The Secretariat - Functions of the Executive SecretaryProvision

The Executive Secretary must act as the national council's Chief Executive and accounting officer, serve as secretary at council meetings and keep minutes, control staff and implement council decisions, and perform other functions assigned by the council; in the Executive Secretary's absence the national council may designate the next senior officer to act as Executive Secretary.

Section Functions of the Executive Secretary Section Subject to the general control of the national council , the Executive Secretary shall— The Executive Secretary shall be the Chief Executive and accounting officer of the national council . act as secretary at the meetings of the national council and shall keep a record of the minutes of the meetings; exercise control over the other staff of the national council and be responsible for giving effect to the decisions of the national council ; and perform such other functions as may be assigned to him or her by the national council . In the absence of the Executive Secretary , the national council may designate the next senior officer of the Secretariat to act as Executive Secretary and in the event of his or her continued absence without justifiable cause the position shall be filled within two months from the date the Executive Secretary was last in office.

Section 13Verify source

§ 14The Secretariat - Other staff of the national councilProvision

The national council must employ staff and determine their terms (subject to Ministerial approval), may engage and pay experts, and must pay and provide retirement benefits to staff (after consultation with Ministers).

Section Other staff of the national council Section The national council shall employ such other officers and employees in the Secretariat as the national council may with the approval of the Minister determine. The terms and conditions of service of officers and employees of the national council other than the Executive Secretary shall be determined by the national council and approved by the Minister . The national council may, acting on the advice of the Executive Secretary , engage the services of experts and consultants when necessary. The experts and consultants engaged under this section may be paid fees and allowances and granted such facilities as may be determined by the national council . The national council shall pay to the staff other than the Executive Secretary such remuneration and allowances as it deems reasonable and shall grant pension or retirement benefits or gratuity to them at such rates as the national council shall determine after consultation with the Minister , the Minister responsible for finance and the Minister responsible for public service.

Section 14Verify source

Part IV

Lower councils for older persons

§ 15Lower councils for older persons - District or city council for older personsProvision

There shall be a district or city council for older persons in every district or city.

Section District or city council for older persons Section There shall be a district or city council for older persons in every district or city.

Section 15Verify source

§ 16Lower councils for older persons - CompositionProvision

A district or city council for older persons must be composed of specified members (including five older persons with at least two older women, ex‑officio members, NGO representative, and an appointee by the District Chairperson) and must elect a chairperson and vice chairperson from among its members, considering gender balance.

Section Composition Section A district or city council for older persons shall be composed of the following members— five older persons (Executive Committee members at the district level) at least two of whom shall be older women; two councillors of older persons (male and female) to the district or city council as ex-officio members; one representative of non-governmental organisations working with older persons in the district or city; one older person of proven integrity involved in the promotion and advancement of the older persons matters appointed by the District Chairperson in consultation with organisations of older persons in the district or city; the Chairperson of the Committee responsible for older persons’ affairs at the district or city local government council as an ex-officio member ; the District Community Development officer as an ex-officio member ; the District Director of Health Services as an ex-officio member . The district or city council for older persons shall elect its chairperson and vice chairperson from among its members taking into consideration gender balance.

Section 16Verify source

§ 17Lower councils for older persons - Functions of the district or city council for older personsProvision

Lists the functions of the district or city council for older persons, including coordinating and monitoring policies and programmes, promoting service integration, advocating national policies, submitting biannual reports, inquiring into rights violations and recommending action, and performing other functions to enhance older persons' well-being.

Section Functions of the district or city council for older persons Section The functions of the district or city council for older persons are— to coordinate and monitor the implementation of policies and programmes for older persons in the district or city; to promote and advocate for the integration of services for older persons within the district or city plans; to advocate for the implementation of national policies on older persons in the district or city; to submit reports on the situation of older persons in the district or city local government council and to the national council twice a year; to inquire into any matter that violates the rights of older persons and non-compliance with the law, regulations, policies or programmes relating to older persons and to recommend appropriate action to the relevant authority at the district or city level or to the national council ; and to perform any other function that may enhance the well-being of older persons in the district or city.

Section 17Verify source

§ 18Lower councils for older persons - Secretariat of district or city council for older personsProvision

District or city councils for older persons must have a Secretariat to support the council's functions and operations; the District Community Development Officer must provide that secretariat.

Section Secretariat of district or city council for older persons Section A district or city council for older persons shall have a Secretariat which shall plan, coordinate and generally assist the council in carrying out the functions and day to day operations of the council. The District Community Development Officer shall provide the secretariat .

Section 18Verify source

§ 19Lower councils for older persons - A municipality, city division, town or subcounty council for older personsProvision

Every municipality, city division, town or subcounty must have a council for older persons.

Section A municipality, city division, town or subcounty council for older persons Section There shall be a municipality, city division, town or subcounty council for older persons for every municipality, city division, town or subcounty.

Section 19Verify source

§ 20Lower councils for older persons - Composition of municipality, city division, town or subcounty council for older personsProvision

Section Composition of municipality, city division, town or subcounty council for older persons Section A municipality, city division, town or subcounty council for older persons shall be composed of the following members— five older persons (Executive Committee members at that level) a third of whom shall be older women; two councillors for older persons (male and female) to the town or subcounty, municipal and city division local councils as ex-officio members; one representative of Non-Governmental Organisations or community based organisations working with older persons at that level; one older person of proven integrity and commitment to the matters of older persons appointed by the subcouty or town local council chairpersons; the Chairperson of the committee responsible for older persons’ affairs at the subcounty or town, municipality or city division local council as an ex-officio member ; the Community Development officer as an ex-officio member ; the Medical officer as an ex-officio member . The municipality, city division, subcounty or town council for older persons shall elect its chairperson and vice chairperson from amongst its members taking into consideration gender balance. The Community Development Officer shall provide the Secretariat.

Section 20Verify source

§ 21Lower councils for older persons - Functions of a municipality, city division, subcounty or town council for older personsProvision

Municipal, city division, subcounty or town councils for older persons must carry out specified functions including coordinating and monitoring policies, promoting service integration in local plans, advocating national policy implementation, submitting biannual reports, investigating violations of older persons' rights and recommending action, and performing other functions to enhance older persons' well‑being.

Section Functions of a municipality, city division, subcounty or town council for older persons Section The functions of the municipality, city division, subcounty or town council for older persons are— to coordinate and monitor the implementation of policies and programmes for older persons at that level; to promote and advocate for the integration of services for older persons within the municipal, city division, subcounty or town council plans; to advocate for the implementation of national policies on older persons at that level; to submit reports on the situation of older persons in the municipal, city division, subcounty or town local government council and to the district council for older persons twice a year; to inquire into any matter that violates the rights of older persons and non-compliance with the law, regulations, policies or programmes relating to older persons and to recommend appropriate action to the relevant body at the district or city level; and to perform any other function that may enhance the wellbeing of older persons at that level.

Section 21Verify source

§ 22Lower councils for older persons - Remuneration of membersProvision

Members of the municipal, city division, subcounty or town council for older persons, and persons co-opted to council meetings, may be paid remuneration or allowances at rates the municipality, city division, subcounty or town council determines under local government financial regulations.

Section Remuneration of members Section Members of the municipality, city division, subcounty or town council for older persons and persons co-opted to any meeting of the councils may be paid such remuneration or allowances at such rates as the municipality, city division, subcounty or town council may determine in accordance with local government financial regulations.

Section 22Verify source

§ 23Lower councils for older persons - Meetings of the council of the municipality, city division, town or subcounty council for older personsProvision

A council for municipality, city division, subcounty or town council for older persons must meet at least once every three months and must determine the procedure at its meetings.

Section Meetings of the council of the municipality, city division, town or subcounty council for older persons Section A council for municipality, city division, subcounty or town council for older persons— shall meet at least once in three months for the discharge of its functions; shall determine the procedure at its meetings.

Section 23Verify source

§ 24Lower councils for older persons - Parish or ward and village council for older personsProvision

There shall be a council for older persons at every parish or ward and village.

Section Parish or ward and village council for older persons Section There shall be a council for older persons at every parish or ward and village.

Section 24Verify source

§ 25Lower councils for older persons - Composition of parish or ward and village council for older personsProvision

Specifies composition and election rules for parish/ward and village councils for older persons, member term length, and eligibility for one re-appointment.

Section Composition of parish or ward and village council for older persons Section A parish or ward council for older persons shall be composed of the five executive committee members from each village council for older persons within the parish or ward. A village council for older persons shall be composed of all older persons within the village who are willing to be members. A member of the council shall hold office for a period of five years and is eligible for re-appointment for one more term. The parish or ward and village councils for older persons shall elect its chairperson and vice chairperson from among members of the council who are older persons taking into consideration gender balance.

Section 25Verify source

§ 26Lower councils for older persons - Functions of the parish or ward and village council for older personsProvision

Parish/ward and village councils for older persons must perform local functions including advising local councils, mobilizing participation, advocating rights, monitoring services, and carrying out tasks assigned by higher councils.

Section Functions of the parish or ward and village council for older persons Section The functions of the parish or ward and village council for older persons shall be to— draw the attention of the local council at parish or ward level and local council at village level on matters that concern older persons; mobilize older persons to participate in socio economic activities and civic education; advocate and raise awareness among its community on the rights of older persons; monitor and evaluate the delivery of services for older persons within its area of jurisdiction; to carry out any other function that may be assigned to it by a higher council for older persons.

Section 26Verify source

§ 27Lower councils for older persons - Functions of the executive committees for older persons at parish or ward and village levelProvision

The executive committee of older persons at parish, ward and village level shall oversee council decisions and perform listed functions including advocacy, income‑generating projects, communication, monitoring and planning, and at village level collect data on older persons.

Section Functions of the executive committees for older persons at parish or ward and village level Section The executive committee of older persons at parish or ward and village level shall oversee the implementation of decisions made by its council and shall— advocate for the rights of older persons; initiate and participate in self-help income generating projects that benefit older persons; serve as a communication channel between the parish and village local councils and older persons within its jurisdiction; monitor and report regularly on matters concerning older persons to their respective councils and the parish or ward and village local councils; participate in planning and prioritizing programs for older persons; carry out other functions which may be assigned to it by the respective council; at village level, identify and collect data on older persons within its area of jurisdiction

Section 27Verify source

Part V

Election of representatives of older persons

§ 28Election of representatives of older persons - Elections of representatives of older personsProvision

Elections of representatives of older persons must use the electoral structure in the Second Schedule; the Electoral Commission must facilitate formation of electoral colleges and appoint returning and presiding officers; an older person meeting national standards has the right to contest representative elective office.

Section Elections of representatives of older persons Section Election of representatives of older persons at all local government levels shall use the electoral structure prescribed in the Second Schedule to this Act. In forming the electoral colleges referred to in the Second Schedule, gender balance shall be considered. The Electoral Commission shall facilitate the formation of the electoral colleges at different levels of local government. The Electoral Commission shall appoint returning officers and presiding officers for the purpose of conducting elections of representatives of older persons. An older person meeting national standards for elections has a right to contest for any elective office to represent older persons at any level of local government.

Section 28Verify source

§ 29Election of representatives of older persons - Sponsorship of candidates by political organisations or political partiesProvision

Under the multi-party political system, nomination of candidates for older persons may be made by a political organisation, a political party sponsoring a candidate, or by an independent candidate.

Section Sponsorship of candidates by political organisations or political parties Section Under the multi-party political system, nomination of candidates for older persons may be made by a political organisation or a political party sponsoring a candidate or by a candidate standing for election as an independent.

Section 29Verify source

Part VI

Financial provisions

§ 30Financial provisions - Funds of the national councilProvision

The national council's funds include sums from the Consolidated Fund, monies accruing in discharge of its functions, and grants, gifts and donations from any source; income must be deposited to the council's credit in a bank approved by the Minister or relevant local government chairperson and cannot be withdrawn except with the council's approval and in the manner it determines.

Section Funds of the national council Section The funds and resources of the national council shall consist of— such sums from the Consolidated Fund as may from time to time be appropriated by Parliament for the purposes of the national council ; any monies accruing to the national council in the discharge of its functions; grants, gifts and donations to the national council that may be received from any source within or outside Uganda. All income and money of the national council shall be deposited to the credit of the national council in a bank approved by the Minister or the District Chairperson, chairperson of the municipality, city division, town or subcounty local council in the case of local governments and shall not be withdrawn except with the approval of and in the manner determined by the national council .

Section 30Verify source

§ 31Financial provisions - Borrowing powersProvision

The national council may borrow (with the Minister's prior approval and consultation with the finance Minister) and may mortgage council assets for that borrowing; for local governments approvals must be given by specified local chairs under Local Government Financial Regulations.

Section Borrowing powers Section The national council may, with the prior approval of the Minister and after consultation with the Minister responsible for finance, borrow by way of overdraft or otherwise from a bank or any other source, such sums as may be necessary for meeting the obligations of the national council . The national council may, with the prior approval of the Minister for the purpose of any borrowing under sub-section (1) mortgage, pledge or charge any asset or property of the national council . In the case of local governments, approvals shall be by the District Chairperson and chairperson of the local council of the municipality, city division, town or subcounty council for older persons within the provisions of the Local Government Financial Regulations.

Section 31Verify source

§ 32Financial provisions - Estimates of income and expenditureProvision

The national council must prepare and submit its income and expenditure estimates for the next financial year to the Minister responsible for finance within three months before the end of each financial year; for local governments, budget estimates must be approved by the district council and the subcounty or town local council.

Section Estimates of income and expenditure Section The national council shall, within three months before the end of each financial year, cause to be prepared and submitted to the Minister for submission to the Minister responsible for finance for his or her approval, estimates of the income and expenditure of the national council for the next financial year. In the case of local governments, the budget estimates shall be approved by district council and subcounty or town local council of the municipality, city division, town or subcounty council for older persons.

Section 32Verify source

§ 33Financial provisions - Financial yearProvision

The national council must use the same financial year as the Government of Uganda.

Section Financial year Section The financial year of the national council shall be the same as that of the Government of Uganda.

Section 33Verify source

§ 34Financial provisions - AccountsProvision

The national council must prepare an annual report on its performance and the councils must keep proper books and records in a form approved by the Auditor General or an auditor appointed by the Auditor General.

Section Accounts Section Subject to any directions that may be given by the Minister responsible for finance, the national council shall cause to be prepared a report on the performance of the national council during the financial year comprising— The councils shall keep proper books of account of all its income and expenditure and proper records in relation to them in a form approved by the Auditor General or an auditor appointed by the Auditor General. a balance sheet, a statement of income and expenditure and a statement of surplus and deficit; and any other information in respect of the financial affairs of the councils as the Minister responsible for finance may require.

Section 34Verify source

§ 35Financial provisions - AuditProvision

The accounts of the national council must be audited each financial year by the Auditor General or an auditor appointed by the Auditor General; the national council must submit a statement of accounts to the Auditor General within four months after each financial year; the Auditor General must audit and, within two months of receiving the statement, submit audited accounts and a report to the councils and specified officials; the Auditor General and appointed auditors are entitled to access financial records and information.

Section Audit Section The accounts of the national council shall each financial year be audited by the Auditor General or by an auditor appointed by the Auditor General. The national council shall ensure that within four months after the expiry of each financial year, a statement of accounts described in section 34 is submitted to the Auditor General for auditing. The Auditor General and any auditor appointed by him or her shall have access to all books of accounts, vouchers and other financial records of the national council and shall be entitled to have any information and explanation required by him or her in relation to those documents as he or she may think fit. The Auditor General shall within two months after receipt of the statement of accounts under subsection (2) audit the accounts and submit to the councils a copy of the audited accounts together with his or her report on them stating any matter which in his or her opinion should be brought to the attention of the Minister or in the case of local governments, the District Chairperson, the chairperson of the municipality, city division, town or subcounty local council. The Auditor General shall also submit to the Minister or the Chairperson of the district councils for older persons, the chairperson of the municipality, city division, town or subcounty council for older persons in case of lower councils for older persons, a copy of the audited accounts together with his or her report on them.

Section 35Verify source

§ 36Financial provisions - Investment of fundsProvision

Funds of the national council not immediately required must be invested by the councils, subject to required approvals and consultation.

Section Investment of funds Section Any funds of the national council not immediately required under this Act shall be invested in such a manner as the councils may, with the approval of the Minister and in case of lower councils for older persons, the District Chairperson, the chairperson of the municipality, city division, town or subcounty local council after consultation with the Minister responsible for finance.

Section 36Verify source

Part VII

Miscellaneous

§ 37Miscellaneous - RegulationsProvision

The Minister may, by statutory instrument, make regulations to give full effect to the provisions of this Act.

Section Regulations Section The Minister may by statutory instrument, make regulations for giving full effect to the provisions of this Act.

Section 37Verify source

§ 38Miscellaneous - Exemption from liability for acts done in good faithProvision

Members of the national council and staff members are exempt from liability for acts or omissions done in good faith while performing their functions under the Act.

Section Exemption from liability for acts done in good faith Section A member of the national council or a member of the staff of the national council shall not be liable for any act or omission done by him or her in good faith in the discharge of his or her functions under this Act.

Section 38Verify source

Legislative relationships

2 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

First Schedule to this Act
Section 9

G–M

1 instrument

Local Government Financial Regulations
Section 31

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8 Feb 2013 · currentEnglish

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