Uganda Act or statute

Parliament of Uganda

Assets of Departed Asians Act

Section 10 allows the board to engage staff, accept transferred or seconded public officers, grant pensions/benefits, and require contributions to pension or superannuation schemes. The board's fu…

Jurisdiction: Uganda
Structure: 22 provisions
Citation: Chapter 63
Dates: Undated source snapshot

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Dates: Undated source snapshot

Source attribution: Source: Uganda Legal Information Institute

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Purpose and legislative effect

“Every departing Asian must, before leaving Uganda, declare assets and liabilities on Forms PRO/1 and PRO/2, supply further particulars if requested by the Minister, submit specified supporting documents, and on submission be given a receipt in Form PRO/3.”

Section 10 allows the board to engage staff, accept transferred or seconded public officers, grant pensions/benefits, and require contributions to pension or superannuation schemes. The board's funds comprise government grants to the board and monies the board accrues while performing its functions under the Act. When a building is occupied as a dwelling by certain public servants, the Government must pay the board rent as determined by the board. Establishes the Departed Asians Special Fund under the control and management of the board and provides that monies paid to the board under section 12 shall be paid into that Fund; it also states the Fund is established under section 16 of the Public Finance Act. The special fund is to serve as a depository for any monies received in respect of the assets of a departed Asian.

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1. Declaration of assets, etc.

Every departing Asian must, before leaving Uganda, declare assets and liabilities on Forms PRO/1 and PRO/2, supply further particulars if requested by the Minister, submit specified supporting documents, and on submission be given a receipt in Form PRO/3.

Section 1

14. Purposes of the special fund

The special fund is to serve as a depository for any monies received in respect of the assets of a departed Asian.

Section 14

2. Register of property and business

The Minister must keep a register of property or businesses declared under section 1 in Form PRO/4 and must publish the register contents accurately in the Gazette from time to time.

Section 2

4. Departed Asians' Property Custodian Board

Establishes the Departed Asians' Property Custodian Board, lists its members, allows the board to co-opt persons, declares it a corporate body with perpetual succession and a common seal, and permits it to sue and be sued in its corporate name.

Section 4

9. Custody of the seal

The seal of the board must be kept by the executive secretary; use of the seal must be authenticated by signatures of two members of the board, at least one of whom must be a Minister.

Section 9

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Showing 22 of 22 provisions

Provision 21Offence

§ 11. Declaration of assets, etc.Provision

Section 1. Declaration of assets, etc. Section 1(1) Every departing Asian, whether holding any trading licence or a licence to manufacture a scheduled article or not, shall, before leaving Uganda declare on Forms PRO/1 and PRO/2 specified in the Schedule to this Act his or her assets and liabilities, including those relating to any business interests, and shall also supply to the Minister such other particulars and information relating to those assets and liabilities as may be requested by the Minister. Section 1(2) The forms submitted to the Minister under subsection (1) shall be accompanied by the following documents— Section 1(2)(a) copies, or where copies are not available, a list of title deeds, debentures, loan agreements and contracts or other agreements to the like effect, regarding his assets and liabilities; Section 1(2)(b) where the declaration affects any company, a certified true copy of the memorandum of association and articles of association of that company; Section 1(2)(c) copies of the accounts, balance sheets or profit and loss account of the business for the last preceding two years as required or submitted for income tax purposes. Section 1(3) The departing Asian shall, upon submitting any forms referred to in subsection (1), be given a receipt in Form PRO/3 specified in the Schedule to this Act, acknowledging the receipt by or on behalf of the Minister of the forms and any documents accompanying them.

Section 1

§ 1010. Appointment of staffProvision

Section 10 allows the board to engage staff, accept transferred or seconded public officers, grant pensions/benefits, and require contributions to pension or superannuation schemes.

Section 10. Appointment of staff Section 10(1) The board may from time to time engage upon such terms and conditions as it may think fit such officers and servants as are necessary for the proper and efficient discharge of its functions under this Act. Section 10(2) Public officers may be transferred or seconded to the board or otherwise give assistance to it. Section 10(3) The board may grant pensions, retiring benefits or gratuity to any of its officers and servants and may require its officers and servants to contribute to any pension scheme or superannuation scheme.

Section 10

§ 1111. Funds of the boardProvision

The board's funds comprise government grants to the board and monies the board accrues while performing its functions under the Act.

Section 11. Funds of the board Section The funds of the board shall consist of any grants made to the board by the Government as well as monies accruing to the board in the course of discharging its functions under this Act.

Section 11

§ 1212. Rent in respect of building occupied by public officer, etc. as dwelling houseProvision

When a building is occupied as a dwelling by certain public servants, the Government must pay the board rent as determined by the board.

Section 12. Rent in respect of building occupied by public officer, etc. as dwelling house Section For the avoidance of doubt, where any building is occupied as a dwelling house by a public officer or a member of the armed forces, prison service or police force or by any other person employed by Government as part of his or her terms of service, the Government shall pay to the board such rent as may be determined by the board.

Section 12

§ 1313. Establishment of special fundProvision

Establishes the Departed Asians Special Fund under the control and management of the board and provides that monies paid to the board under section 12 shall be paid into that Fund; it also states the Fund is established under section 16 of the Public Finance Act.

Section 13. Establishment of special fund Section 13(1) There shall be established under the control and management of the board a fund to be called the Departed Asians Special Fund into which shall be paid all monies paid to the board under section 12 . Section 13(2) The Departed Asians Special Fund shall be a fund established under section 16 of the Public Finance Act.

Section 13

§ 1414. Purposes of the special fundProvision

The special fund is to serve as a depository for any monies received in respect of the assets of a departed Asian.

Section 14. Purposes of the special fund Section to serve as a depository for any monies received in respect of the assets of a departed Asian;

Section 14

§ 1515. Accounts left by departed AsiansProvision

Banks or credit institutions must report accounts of departed Asians to the board with the exact amount; the Minister may direct that such accounts be transferred to or held by another bank or credit institution; monies held for departed Asians from 9th day of August, 1972 are deemed held on behalf of the board.

Section 15. Accounts left by departed Asians Section 15(1) Any bank or credit institution in Uganda with which any departed Asian has any standing account shall, as soon as such bank or credit institution becomes aware of the departure of the Asian, report the existence of the account to the board together with a statement of the exact amount of money the departed Asian has in his or her account. Section 15(2) The Minister may direct that the account be transferred to, or be held by, another bank or credit institution. Section 15(3) Any monies held by any bank or credit institution for a departed Asian shall, with effect from the 9th day of August, 1972, be deemed to be held on behalf of the board by the bank or credit institution.

Section 15

§ 1616. Payments to be reported to the boardProvision

The bank must report any payment made into the account to the board within thirty days after it has been made.

Section 16. Payments to be reported to the board Section 16(1) No payments shall be made out of the account of a departed Asian unless the payments shall have been first approved by the board. Section 16(2) Payments may be made into the account, but any such payment shall be reported to the board by the bank within thirty days after it has been made.

Section 16

§ 1717. Offences and penaltiesOffence

Banks and credit institutions that fail to comply with sections 15 and 16 commit an offence punishable by a fine; directors and certain employees/officers may also be criminally liable with specified defences and penalties.

Section 17. Offences and penalties Section 17(1) Any bank or credit institution which fails to comply with sections 15 and 16 commits an offence and is liable on conviction to a fine not exceeding fifty thousand shillings. Section 17(2) Where a bank or credit institution commits an offence under subsection (1), every director of the bank or credit institution commits an offence and is liable to the penalty prescribed in that subsection unless he or she proves that the offence was committed without his or her knowledge or connivance or if he or she had knowledge of the offence, that he or she took all reasonable steps to prevent its commission. Section 17(3) Where any payment is made by the bank contrary to section 16 (1), the employee or officer making or facilitating the payment commits an offence and is, in addition to the penalty prescribed in subsection (1), liable to a term of imprisonment not exceeding two years.

Section 17

§ 1818. Establishment of Departed Asians' Account Common Pool FundProvision

The board must establish under its control and management a fund called the Departed Asians' Account Common Pool Fund.

Section 18. Establishment of Departed Asians' Account Common Pool Fund Section The board shall establish under its control and management a fund to be called the Departed Asians' Account Common Pool Fund to which shall be credited all monies standing on the accounts of any departed Asians.

Section 18

§ 1919. Purposes of the fundProvision

The fund is established to oversee accounts of departed Asians; the fund must provide for its own maintenance and the board may make reasonable deductions from the fund to do so.

Section 19. Purposes of the fund Section 19(1) The purpose of establishing the fund is to provide an effective means of overseeing the accounts of the departed Asians. Section 19(2) The fund shall provide for its own maintenance, and the board may make reasonable deductions from the fund for that purpose.

Section 19

§ 22. Register of property and businessProvision

The Minister must keep a register of property or businesses declared under section 1 in Form PRO/4 and must publish the register contents accurately in the Gazette from time to time.

Section 2. Register of property and business Section The Minister shall keep a register of any property or businesses declared under section 1 in Form PRO/4 specified in the Schedule to this Act and shall cause the contents of the register to be accurately published in the Gazette from time to time.

Section 2

§ 2020. Investment by the boardProvision

The board may invest the monies accruing to funds established under this Act in any securities specified by the Trustees Act or otherwise permitted by law.

Section 20. Investment by the board Section The board may invest in any securities specified by the Trustees Act, as well as in any other securities permitted by law, the monies accruing to any of the funds established under this Act.

Section 20

§ 2121. Debts owed to or by departed AsiansProvision

The board may sue for debts owed to a departed Asian and may be sued for debts owed by a departed Asian; the board's receipt of payment discharges the debtor; the board is not liable beyond the assets transferred to it for the departed Asian.

Section 21. Debts owed to or by departed Asians Section 21(1) The board may sue for any debt owed to a departed Asian and may be sued for any debt owed by a departed Asian. Section 21(2) The receipt by the board of payment in respect of any debt owed to a departed Asian shall be a sufficient discharge to the debtor. Section 21(3) In any suit brought by or against the board for the recovery of any debt owed to or by a departed Asian, the board shall not be liable beyond the amount of the assets, including any monies, transferred to the board in respect of the departed Asian.

Section 21

§ 2222. RegulationsProvision

The Minister may make regulations to better carry out the Act's provisions and principles.

Section 22. Regulations Section The Minister may make any regulations for better carrying out the provisions and principles of this Act.

Section 22

§ 33. Vesting of assets and liabilities in the GovernmentProvision

Assets declared by a departing Asian (including property or businesses recorded under section 2, and assets left by an Asian who failed to prove citizenship as specified by the Government) vest in the Government; the Minister may vest other assets of a departed Asian by statutory order; liabilities attaching to vested assets also vest in the Government; acts done by an agent appointed by a departing Asian on or after 24th October, 1972 in proper performance of duties are deemed done by the Government.

Section 3. Vesting of assets and liabilities in the Government Section 3(1) Any assets declared by a departing Asian, including any property or business recorded in the register kept under section 2 , and any assets left behind by any Asian who failed to prove his or her citizenship at the time and in the manner specified by the Government shall, without any further authority, vest in the Government. Section 3(2) The Minister may by statutory order vest any other assets of a departed Asian in the Government. Section 3(3) Any liabilities attaching to anything vesting in the Government by virtue of subsection (1) or (2) shall also vest in the Government. Section 3(4) Anything done by any agent appointed by a departing Asian on or after the 24th day of October, 1972, for the purposes of managing any assets declared by the departing Asian shall, where that thing was done in the proper performance of the agent's duties, be deemed to have been done by the Government.

Section 3

§ 44. Departed Asians' Property Custodian BoardProvision

Section 4. Departed Asians' Property Custodian Board Section 4(1) There is established a board to be known as the Departed Asians' Property Custodian Board which shall consist of— Section 4(1)(a) the Minister responsible for finance, as chairperson; Section 4(1)(b) the Minister responsible for commerce; Section 4(1)(c) the Minister responsible for lands, minerals and water resources; Section 4(1)(d) the Attorney General; Section 4(1)(e) the Minister responsible for local government; and Section 4(1)(f) two other persons nominated by the President. Section 4(2) The board may co-opt any person for such purposes as it may find necessary. Section 4(3) The board shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.

Section 4

§ 55. Meetings of the boardProvision

The board must meet at least once every month; the chairperson appoints time and place for meetings.

Section 5. Meetings of the board Section 5(1) The board shall meet for the discharge of its functions under this Act at least once every month at such time and place as the chairperson may appoint. Section 5(2) Three members shall form a quorum. Section 5(3) The chairperson shall preside at the meetings of the board, and in his or her absence any one of the other three Ministers present shall preside. Section 5(4) Decisions of the board shall be carried by a simple majority of the members present and voting; and where there is an equality of votes, the chairperson or, as the case may be, the member presiding shall have a second or casting vote. Section 5(5) Subject to this section, the board may regulate its own procedure.

Section 5

§ 66. Powers of the boardProvision

The board must take over and manage assets and discharge liabilities transferred to it; it may collect debts due to departed Asians and may sell or deal with such assets.

Section 6. Powers of the board Section 6(1) The board— Section 6(1)(a) shall take over and manage all assets transferred to it by virtue of section 13 of the Assets of Departed Asians Decree, 1973; Section 6(1)(b) shall discharge all the liabilities transferred to it by this Act; Section 6(1)(c) may, in relation to any assets, collect all debts or other monies due to the departed Asian; and Section 6(1)(d) may sell or otherwise deal with such assets in the same way as the departed Asian may do. Section 6(2) Notwithstanding anything to the contrary contained in any agreement, a debt claimed by or against a departed Asian shall not bear any interest.

Section 6

§ 77. Executive secretary of the boardProvision

The board must have an executive secretary (a public officer appointed by the board); the executive secretary must perform specified administrative and managerial functions and is responsible to the board.

Section 7. Executive secretary of the board Section 7(1) The board shall have an executive secretary who shall be a public officer appointed by the board. Section 7(2) The functions of the executive secretary shall be— Section 7(2)(a) to prepare agenda and make all necessary arrangements, for the meetings of the board; Section 7(2)(b) to take, or cause to be taken, minutes of the meetings of the board; Section 7(2)(c) to keep proper records of all transactions of the board; Section 7(2)(d) to be responsible for the day-to-day management of the business of the board, including the control of the finances of the board and the supervision and control of any staff of the board; Section 7(2)(e) to carry out all the instructions of the board; and Section 7(2)(f) generally to provide every administrative assistance to the board. Section 7(3) In the performance of his or her functions under this Act, the executive secretary shall be responsible to the board.

Section 7

§ 88. Accounts and auditProvision

The board must keep books of account, prepare annual statements, submit accounts for audit, and the Auditor General must send audited accounts and the audit report to the Minister who shall lay them before Cabinet.

Section 8. Accounts and audit Section 8(1) The board shall keep books of account and proper records relating to them. Section 8(2) The board shall prepare in respect of each financial year a statement of account which shall include a balance sheet, a statement of income and expenditure and a statement of surplus or deficit containing such information as, had the board been a company registered under the Companies Act, would be required to be laid before the company by the directors at the annual general meeting. Section 8(3) The books and accounts of the board shall be submitted to the Auditor General for audit not later than four months after the end of the financial year to which they relate and shall be audited not later than six months after the end of the financial year by the Auditor General or an auditor appointed by him or her. Section 8(4) A copy of the accounts and the audit report on them shall be sent to the Minister by the Auditor General, and the Minister shall cause them to be laid before the Cabinet not later than two months from the date of receipt of them.

Section 8

§ 99. Custody of the sealProvision

The seal of the board must be kept by the executive secretary; use of the seal must be authenticated by signatures of two members of the board, at least one of whom must be a Minister.

Section 9. Custody of the seal Section 9(1) The seal of the board shall be kept by the executive secretary and shall not be used on any instrument or document except in pursuance of a decision of the board. Section 9(2) The use of the seal shall be authenticated by the signatures of two members of the board, at least one of whom shall be a Minister.

Section 9

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