Uganda Act or statute

Parliament of Uganda

Hide and Skin Trade Act

Jurisdiction: Uganda
Structure: 18 provisions
Citation: Chapter 71
Dates: Undated source snapshot

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Dates: Undated source snapshot

Source attribution: Source: Uganda Legal Information Institute

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Enactment structure, operative effect and source provenance

Purpose and legislative effect

“This section provides definitions of terms used in the Act (for example: buyer; buyer’s licence; Commissioner; currency point; exporter; exporters-buyers licence; green hide/green skin; ground dried; hide; licensing officer; preparation; properly dried; region; skin; suspension dried; veterinary officer).”

This section provides definitions of terms used in the Act (for example: buyer; buyer’s licence; Commissioner; currency point; exporter; exporters-buyers licence; green hide/green skin; ground dried; hide; licensing officer; preparation; properly dried; region; skin; suspension dried; veterinary officer). The Commissioner may, by statutory instrument, declare any part of Uganda to be a hides region, a skins region, or a hides and skins region and assign its designation. Persons must not buy or trade hides or green skins for resale or tanning in any region in Uganda unless they hold a buyers licence issued by a licensing officer; the Commissioner may exempt persons in writing subject to conditions. Holders of exporters-buyers licences must not purchase hides or skins except from registered cooperative societies or specified companies and only at licensed export premises; notwithstanding, any person may be issued an exporters-buyers licence to buy hides and skins for export. Sets licensing rules for buyers of hides and skins: a licensing officer may issue or renew buyers licences; licence-holders must keep specific books, maintain premises, store and grade hides/skins, display and respect prices, buy for cash, and preserve records for two years; licences are non-transferable and normally valid for one year.

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Interpretation - Interpretation

Section 1

Buying and treating hides and skins - Buyers licence and conditions attached to licence

Sets licensing rules for buyers of hides and skins: a licensing officer may issue or renew buyers licences; licence-holders must keep specific books, maintain premises, store and grade hides/skins, display and respect prices, buy for cash, and preserve records…

Section 5

Export of hides and skins - Issue of exporters-buyers licence and conditions attached to licence

Section 9

Offences - Miscellaneous offences; general penalty

Section 14

Miscellaneous - Power to amend Schedule

The Minister responsible for finance may amend the Schedule to this Act by statutory instrument with the approval of Cabinet.

Section 18

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Showing 18 of 18 provisions

Offence 9Provision 7InterpretationAmendment

Part I

Interpretation

§ 1Interpretation - InterpretationInterpretation

Section Interpretation Section In this Act, unless the context otherwise requires— “ buyer ” means any person who holds a buyer’s licence issued under this Act; “ buyer’s licence ” means a licence issued under section 5 ; “ Commissioner ” means the Commissioner of livestock and entomology; “ currency point ” has the value assigned to it in the Schedule to this Act; “ exporter ” means any person duly licensed under this Act to export hides or skins or hides and skins; “ exporters-buyers licence ” means a licence issued under section 9 ; “ green hide ” or “ green skin ” means a hide or skin which is not partly or wholly dried, salted, pickled or tanned; “ ground dried ” in relation to a hide or skin means dried by any method in which the hide or skin is in contact with the ground; “ hide ” means a properly dried cattle hide; “ licensing officer ” means the Minister or such other person or authority as may be authorised by the Minister, by statutory order, to issue licences under this Act; “ preparation ” includes the processes of flaying, cleansing, fleshing, salting or drying, or any other prescribed process, and “prepared” and “prepare” shall be construed accordingly; “ properly dried ” means, in relation to a ground or suspension dried hide or skin , one which when protected from the rain and freely suspended under an impervious roof for twenty-four hours will not lose more than three percent of its weight, at the time of suspension, by evaporation of water; “ region ” means any area of Uganda declared to be a region under section 2 ; “ skin ” means a properly dried skin of a calf, goat or sheep; “ suspension dried ” in relation to a hide or skin means dried by a prescribed method of suspension drying; “ veterinary officer ” means any member of the department of veterinary services and animal industry or any other person authorised by the Commissioner to act as a veterinary officer for the purposes of this Act.

Section 1

Part II

Buying and treating hides and skins

§ 2Buying and treating hides and skins - RegionsProvision

The Commissioner may, by statutory instrument, declare any part of Uganda to be a hides region, a skins region, or a hides and skins region and assign its designation.

Section Regions Section The Commissioner may, by statutory instrument, declare any part of Uganda to be a hides region or a skins region , or a hides and skins region and assign to any such region the designation by which it shall be known.

Section 2

§ 3Buying and treating hides and skins - Restrictions on purchase of hides and skinsProvision

Persons must not buy or trade hides or green skins for resale or tanning in any region in Uganda unless they hold a buyers licence issued by a licensing officer; the Commissioner may exempt persons in writing subject to conditions.

Section Restrictions on purchase of hides and skins Section A person shall not in any region whether on his or her own account or on behalf of any other person purchase for resale or tanning in Uganda any hide or skin — A person shall not in any region whether on his or her own account or on behalf of any other person engage in the trade of buying, cleaning or preparing any green hides or green skins for the purpose of resale— unless he or she is in possession of a valid buyers licence in the prescribed form issued to him or her by a licensing officer ; except within the region in respect of which the licence is issued and at premises licensed under this Act or at a hide and skin market approved as such by the Commissioner or any veterinary officer ; and except in accordance with any conditions prescribed under the provisions of this Act. unless he or she is in possession of a buyers licence issued to him or her for that purpose by the licensing officer ; and The Commissioner may in writing, subject to such conditions as he or she shall think fit, exempt any person or class of persons from compliance with any of the provisions of this section.

Section 3

§ 4Buying and treating hides and skins - Restrictions on internal purchases by non-citizensOffence

Holders of exporters-buyers licences must not purchase hides or skins except from registered cooperative societies or specified companies and only at licensed export premises; notwithstanding, any person may be issued an exporters-buyers licence to buy hides and skins for export.

Section Restrictions on internal purchases by non-citizens Section Subject to subsection (3) , it shall not be lawful for any person— For the purposes of this section, a citizen of Uganda includes— The holder of an exporters-buyers licence shall not purchase any hides or skins— who is not a citizen of Uganda to hold a buyers licence for the purposes of undertaking any of the business specified in section 3 ; who is a citizen of Uganda to trade, under a buyers licence issued to that citizen, on behalf of any person who is not a citizen of Uganda; or who is not a citizen of Uganda to engage or allow a person who is a citizen of Uganda to trade directly or indirectly on his or her behalf under a buyers licence issued to that citizen. a cooperative society registered under the Cooperative Societies Act, all of whose members are citizens of Uganda; and a company registered under the Companies Act or, as the case may be, a firm which is wholly owned by persons who are citizens of Uganda. Notwithstanding this section, any person, whether he or she is a citizen of Uganda or not, may be issued with an exporters-buyers licence for the purposes of purchasing the hides and skins required for any export business he or she may wish to undertake under the provisions of Part III of this Act. from any person other than a registered cooperative society or company specified under subsection (2) ; or at any place other than at his or her licensed export premises. Any person who contravenes any provision of this section commits an offence and is liable, on conviction, to a fine not exceeding twenty-four currency points or to imprisonment for a term not exceeding one year, or both, and in addition to that penalty the court by or before which the person is convicted may, in its discretion, revoke any licence issued to him or her under this Act.

Section 4

§ 5Buying and treating hides and skins - Buyers licence and conditions attached to licenceOffence

Section Buyers licence and conditions attached to licence Section A licensing officer may, upon receipt of an application in the form and manner prescribed under section 15 (1)(a), issue or renew a buyers licence if he or she is satisfied that the applicant— In addition to any conditions which may be prescribed under the provisions of section 15 , it shall be a condition of every buyers licence that the licensee shall— keep at the licensed premises proper books in English, Luganda, Arabic or Gujerati showing day by day the following particulars of each transaction entered into by him or her— possesses sufficient knowledge of the hides and skins trade; is capable of complying with the conditions prescribed under subsection (3) ; maintains premises which are suitable for the purpose of buying and storing hides and skins; has not within the last five years before the date of the application or subsequently to the issue of the licence, as the case may be, been convicted of any offence under this Act or rules made under this Act or any previous written law relating to the control of hides and skins; has not within the last five years before the date of the application or subsequently to the issue of the licence, as the case may be, been convicted of any offence involving fraud or dishonesty; and is not an undischarged bankrupt or a company in liquidation. For the purposes of subsection (1) , “applicant” includes in the case of a corporation or firm any director, officer or partner of that corporation or firm, and its local manager. maintain the licensed premises in a fit and proper condition to the satisfaction of a veterinary officer ; store all hides and skins purchased by him or her in the premises to which his or her licence relates; keep all hides and skins stored in the licensed premises free from avoidable damage; grade all hides and skins before purchase and ensure that the grading is carried out to the satisfaction of a veterinary officer ; buy and sell each hide or skin , other than a goat or sheep skin , by grade as well as by weight; buy and sell each goat or sheep skin by grade as well as by the piece; pay prices which differentiate to the satisfaction of a veterinary officer between the various classes and grades of hides or skins; display at the premises to which the licence relates in the prescribed manner the prices which he or she offers; those prices shall not be altered during the same day nor shall he or she purchase hides or skins at prices lower than those prices; purchase hides or skins for cash only; in the case of all purchases, the date and price paid, and in respect of hides and calf skins, the weight and grade or, in respect of goat and sheep skins, the number and grade; the date of disposal of any hides or skins purchased and details of the transaction; and in the case of purchases of green hides or green skins for preparation , details of the transaction; and preserve those books for not less than two years from the date of the last entry in them. Every buyers licence shall specify the premises to which it relates and, subject to subsection (8) , shall not be valid except in relation to those premises. A buyers licence shall not be transferable by the licensee to any other person. A buyers licence shall, unless previously cancelled, or suspended under the powers conferred by section 6 , remain valid for one year, after which application shall be required to be made for its renewal. A separate buyers licence shall be required in respect of each of two or more premises owned or occupied by a single licensee. A licensing officer may, upon application, if satisfied that the applicant licensee continues to possess the qualifications required by subsection (1) , order the transfer of a buyers licence to premises other than those in relation to which it was issued or is held.

Section 5

§ 6Buying and treating hides and skins - Cancellation or suspension of buyers licenceOffence

A licensing officer may cancel or suspend a buyer's licence for specified reasons; a person notified of cancellation or suspension must immediately surrender the licence or may commit an offence if they fail without lawful excuse.

Section Cancellation or suspension of buyers licence Section A licensing officer may cancel or may suspend for such period as he or she deems fit any buyers licence if he or she is satisfied that the licensee— has, after the issue of the licence, been convicted of an offence against any of the provisions of this Act or rules made under this Act; has, after the issue of the licence, been convicted of any offence involving fraud or dishonesty; or is an undischarged bankrupt or a company in liquidation. For the purposes of subsection (1) , “licensee” includes in the case of a corporation or firm, any director, officer or partner of the corporation or firm, and its local manager. When any person has been notified that his or her buyers licence has been cancelled or suspended, he or she shall immediately surrender the licence to the licensing officer ; and if any such person fails without lawful excuse to surrender that licence, he or she commits an offence under this Act.

Section 6

Part III

Export of hides and skins

§ 10Export of hides and skins - Cancellation or suspension of exporters or exporters-buyers licenceOffence

The licensing officer may cancel or suspend any exporters-buyers licence if satisfied that the licensee committed specified defaults, convictions, fraud/dishonesty, or is bankrupt/in liquidation.

Section Cancellation or suspension of exporters or exporters-buyers licence Section The licensing officer may cancel or may suspend for such period as he or she deems fit any exporters-buyers licence if he or she is satisfied that the licensee— when buying by private treaty fails to pay prices which differentiate to the satisfaction of the licensing officer between the various classes and grades of hides or skins; has, after the issue of the licence, been convicted of an offence against any of the provisions of this Act or rules made under this Act; has, after the issue of the licence, been convicted of any offence involving fraud or dishonesty; or is an undischarged bankrupt or a company in liquidation. For the purposes of this section, “licensee” includes in the case of a corporation or firm, any director, officer or partner of the corporation or firm, and its local manager.

Section 10

§ 7Export of hides and skins - Restrictions on export of hides and skinsProvision

The Commissioner may designate places as hides and skins exporting centres; exporters must not export hides or skins except through such centres once appointed.

Section Restrictions on export of hides and skins Section The Commissioner may by statutory instrument appoint places in Uganda to be known as hides and skins exporting centres, and after the exporting centres have been so appointed, no exporter shall export any hides or skins except through a hides and skins exporting centre.

Section 7

§ 8Export of hides and skins - Exporters-buyers licenceProvision

A person must not export any hide or skin unless they possess a valid exporters-buyers licence issued by the licensing officer.

Section Exporters-buyers licence Section A person shall not export any hide or skin unless he or she is in possession of a valid exporters-buyers licence in the prescribed form issued to him or her by the licensing officer .

Section 8

§ 9Export of hides and skins - Issue of exporters-buyers licence and conditions attached to licenceOffence

Sets conditions for exporters-buyers licences requiring licensees to keep specified books, maintain specified premises and facilities, grade and brand hides/skins, preserve books for two years, and follow veterinary and other requirements; licensing officer has discretion to refuse or not renew licences and licences last one year unless cancelled or suspended.

Section Issue of exporters-buyers licence and conditions attached to licence Section In addition to any conditions which may be prescribed under this Act, it shall be a condition of every exporters-buyers licence — that the licensee shall keep at the licensed premises proper books in English showing day by day the following particulars of each transaction entered into by him or her— The licensing officer may in his or her discretion refuse to issue or renew an exporters-buyers licence if— Every application for the issue or renewal of an exporters buyers licence shall be made to the licensing officer in the form and manner prescribed. that the licensee shall maintain premises having storage, packing and pressing facilities to the satisfaction of the Commissioner ; that all hides or skins purchased by the exporter shall be graded by him or her before the export of the purchase; that all hides and skins purchased for export shall be branded on the right foreshank with a distinguishing mark in the manner prescribed denoting the region of origin; in the case of all purchases, the date and price paid and, in respect of hides and calf skins, the weight and grade and, in respect of goat and sheep skins, the number and grade; the date of disposal of any hides or skins purchased and details of the transaction; in the case of purchases of green hides or green skins for preparation , details of the transaction; that the licensee shall preserve those books for not less than two years from the date of the last entry in the books; that grading shall be carried out to the satisfaction of a veterinary officer ; and that the licensee shall observe all the requirements of this Act and any rules made under this Act. in his or her opinion the applicant has insufficient resources or inadequate facilities, or he or she or the staff employed by him or her lack the technical knowledge, to enable him or her to engage in trading in hides or skins for export in the manner required by this Act or by any rules made under this Act; in his or her opinion the premises in which the applicant proposes to carry on his or her business or is carrying on his or her business do not conform with the requirements of this Act or any rules made under this Act or any other written law for the time being in force; the applicant has within the five years preceding the date of his or her application or subsequently to the issue of the licence, as the case may be, been convicted of an offence against any of the provisions of this Act or any rules made under this Act or any previous written law relating to the control of hides and skins; the applicant has within five years immediately preceding the date of his or her application or subsequently to the issue of the licence, as the case may be, been convicted of any offence involving fraud or dishonesty; or the applicant is an undischarged bankrupt or a company in liquidation. For the purposes of subsection (3) , “applicant” includes in the case of a corporation or firm, any director, officer or partner of the corporation or firm, and its local manager. Every exporters-buyers licence when issued shall be endorsed in respect of all premises at which the exporter is licensed to carry on the business of exporter , and, except if further endorsed in accordance with subsection (8) , shall not be valid except in relation to those premises. An exporters-buyers licence shall not be transferable by the licensee to any other person. An exporters-buyers licence shall, unless previously cancelled or suspended under the powers conferred by section 10 , remain valid for one year after which application shall be required to be made for its renewal. The licensing officer may upon application, if it appears to him or her that the applicant licensee would be entitled to a renewal of his or her licence in due course and that the proposed premises conform with the requirements of this Act and any rules made under this Act and any other written law for the time being in force, order the endorsement of an exporters-buyers licence in respect of premises other than those in relation to which it was issued or is held.

Section 9

Part IV

Powers of inspection, search and seizure

§ 11Powers of inspection, search and seizure - Power of inspection, search and seizureOffence

Veterinary officers (and specified police officers) may enter and inspect premises, take samples of hides or skins, and (with reasonable cause) take possession, brand or require retention of hides or skins; veterinary and certain police officers may stop, examine and direct conveyance of vehicles carrying hides or skins.

Section Power of inspection, search and seizure Section A veterinary officer may at all reasonable times enter any premises in which any buyer or exporter carries on, or in which any veterinary officer suspects him or her of carrying on his or her business, or any premises suspected by any veterinary officer of being used for the purposes of preparing hides or skins, for the purposes of ascertaining whether the provisions of this Act or of any rules made under this Act are being observed, and may inspect any hides or skins found on the premises and may take any such hides or skins as samples for the purpose of instituting any proceedings under this Act or under any rules made under this Act. A veterinary officer , if he or she has reasonable cause to believe that any offence is being committed against any of the provisions of this Act or of any rules made under this Act in respect of any hides or skins, may take possession of the hides or skins, brand with a distinguishing mark the hides or skins, or, by order in writing, require the person in possession of the hides or skins to retain the hides or skins in his or her possession pending any orders from the Commissioner for the taking into possession of the hides or skins. A veterinary officer or any police officer of or above the rank of assistant inspector, or any other police officer authorised in writing for that purpose by a district commissioner or by any police officer of or above the rank of assistant inspector may stop and examine any vehicle carrying, or suspected by him or her to be carrying, hides or skins, and may inspect any hides or skins found in the vehicle or in the possession of such person; or he or she may direct the person in charge of the vehicle to convey the hides and skins to some suitable place where they may be inspected by a veterinary officer as provided for in subsections (1) and (2) . No action shall lie against the Government or any officer of the Government or any person exercising with proper authority the duties of any such officer for any act done in good faith under this Act.

Section 11

Part V

Offences

§ 12Offences - Offence to buy, etc. certain dried hidesOffence

It is prohibited for a person, and for holders of buyers or exporters-buyers licences, to sell, offer for sale, possess or purchase certain dried hides or skins that are contaminated, seriously damaged, or not properly dried; a holder of a buyers licence may purchase and prepare green hides and green skins if licensed under section 3(2).

Section Offence to buy, etc. certain dried hides Section A person shall not sell or offer for sale, and no holder of a buyers licence or exporters-buyers licence shall be in possession of, purchase, sell or offer for sale any dried hide or skin which is smeared with blood, dung or any foreign substance or which is seriously damaged by knife cuts or scores in the preparation or otherwise, or which is not properly dried and in a fit condition for storage; except that a holder of a buyers licence may purchase and prepare green hides and green skins if licensed for that purpose in accordance with section 3(2) .

Section 12

§ 13Offences - Only exporters to apply regional brand marksOffence

Persons other than holders of an exporters-buyers licence or those acting under their instructions must not mark hides or skins with the regional distinguishing mark and must not remove hides or skins from the region where prepared for export or sale.

Section Only exporters to apply regional brand marks Section A person other than the holder of an exporters-buyers licence or a person acting under his or her instructions shall not place on any hide or skin the distinguishing mark referred to under section 9(2)(c) , nor remove for export or sale any hide or skin from the region in which it has been prepared.

Section 13

§ 14Offences - Miscellaneous offences; general penaltyOffence

Various acts relating to hides and skins (treatment, false statements, breaches, obstruction) are prohibited for any person; on conviction a person is liable to a fine not exceeding twelve currency points or imprisonment not exceeding six months or both, and the court may order forfeiture; where the offender is a body corporate the fine may be up to five thousand currency points.

Section Miscellaneous offences; general penalty Section Any person who— treats or prepares any ground dried hide or skin with the object of selling it as a suspension dried hide or skin ; treats any hide or skin in any manner whatsoever in order to cover up or disguise any cuts, scratches, gouges, sores, brand marks, disease lesions or any other flaws or blemishes; makes any statement which is to his or her knowledge untrue in any application for any licence or certificate required under this Act or of any rules made under this Act; contravenes any of the provisions of this Act or of any rules or of any lawful order made or issued under this Act; commits a breach of any of the conditions set forth in or attached to any licence or certificate issued to him or her under this Act; or obstructs any veterinary officer or any other authorised person in the exercise of his or her powers and duties under this Act or any rules made under this Act, Any person who commits an offence under this Act or any rules made under this Act is liable, on conviction, to a fine not exceeding twelve currency points or to imprisonment for a term not exceeding six months, or both, and the court in convicting any person under this section may in addition to any penalty it may impose order that all or any hides and skins in respect of which the offence or breach has been committed shall be forfeited to the Government; except that where the person charged with an offence is a body corporate, the body corporate is liable to a fine not exceeding five thousand currency points.

Section 14

Part VI

Miscellaneous

§ 15Miscellaneous - Power to make rulesProvision

The Minister may make rules to regulate the trade in hides and skins and to improve their quality, including the many specific powers listed.

Section Power to make rules Section The Minister may make rules generally for the purpose of regulating the trade in hides and skins and improving the quality of hides and skins produced, prepared, sold or tanned in, or exported from Uganda, and without prejudice to the generality of the foregoing, for all or any of the following purposes— prohibiting or controlling the movement of hides and skins— prescribing the methods to be employed in treatment, protection, storage and baling of hides and skins with the object of preserving them or improving their general quality either before or after they are prepared; prescribing the form and manner of application for, any conditions to be attached to, the fee to be paid for, and all matters relating to any licence or certificate to be issued, renewed or transferred under this Act; requiring terms to be made by buyers and exporters and prescribing the persons to whom, and the form in which the returns shall be made; regulating the grading and classification of hides and skins and defining the grades and classes of hides and skins; regulating the methods of purchase, sale and marketing of hides and skins; regulating the prices to be paid to producers for the various grades and classes of hides and skins; prescribing the minimum constructional standards for premises used by exporters and buyers for the purchase and storage of hides or skins or hides and skins; regulating the manner and method of marking or labelling hides and skins for export or to denote grade, type, area and region of origin; from one part of Uganda to any other part of Uganda; from any part of Uganda to any neighbouring territory; or from any neighbouring territory through Uganda to any place of export; prohibiting, regulating and controlling the offering for sale, or the buying or the export of any kind of hide or skin not prepared in the prescribed manner, or which is not in the prescribed condition, or of a prescribed weight, or which has been mutilated by brand marks or in any other way, or is for any other reason deemed unfit or unsuitable for sale, purchase or export; prescribing the conditions under which a person may deal in green hides and skins and for regulating and controlling the issue of and prescribing the conditions to be attached to any licence for buying or dealing in green hides and green skins; regulating and controlling the methods which may or may not be used in preparing hides and skins; prescribing the hours, methods and conditions of business for the sale and purchase of any hides and skins at licensed or registered premises; prescribing anything under the provisions of this Act to be prescribed; and generally for better carrying out the provisions of this Act. Rules made under this section may be of general application throughout Uganda or all or any of the rules may be limited in their application to certain areas of Uganda or to certain classes of hides and skins or otherwise as the Minister may think fit.

Section 15

§ 16Miscellaneous - Delegation of powersProvision

The Commissioner may delegate powers, duties and functions under the Act to any person for the whole of Uganda or any area of Uganda.

Section Delegation of powers Section The Commissioner may delegate all or any powers, duties and functions conferred or imposed upon him or her by this Act to any person in respect of the whole of Uganda or any area of Uganda.

Section 16

§ 17Miscellaneous - SavingProvision

The Act's provisions are additional to, and do not override, any written law concerning public health, urban authorities or trading.

Section Saving Section The provisions of this Act shall be in addition to and not in derogation of the provisions of any written law relating to public health, urban authorities or trading.

Section 17

§ 18Miscellaneous - Power to amend ScheduleAmendment

The Minister responsible for finance may amend the Schedule to this Act by statutory instrument with the approval of Cabinet.

Section Power to amend Schedule Section The Minister responsible for finance may, by statutory instrument, with the approval of Cabinet, amend the Schedule to this Act.

Section 18

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Part III of this Act
Section 4
Schedule The Minister responsible for finance may amend the Schedule to this Act
Section 18

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