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Uganda National Roads Authority Act, 2006

Act 15 of 2006

Uganda National Roads Authority Act, 2006
Citation
Act 15 of 2006
Date
8 June 2006
Language
English
Type
Act
Publication
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Uganda

Uganda National Roads Authority Act, 2006

Act 15 of 2006

An Act to provide for the establishment and operation of the Uganda National Roads Authority for the purpose of managing the provision and maintenance of the national roads network in a more efficient and effective manner; to render advisory services to Government; and for related matters.BE IT ENACTED by Parliament as follows:

Part I – Preliminary

1. Commencement

This Act shall come into force on a date to be appointed by the Minister by statutory instrument.

2. Purpose of the Act

The purpose of this Act is—
(a)to establish the Uganda National Roads Authority;
(b)to facilitate the delivery of roads services;
(c)to create an environment that is conducive to the efficient and effective management of the national roads network and other services provided by the Authority; and
(d)to promote the potential for the continuous improvement of the services provided by the Authority.

3. Principles

The Authority shall, in achieving its purposes under section 2, take into account and give effect to the following principles—
(a)the provision of its services in the most economic, efficient and effective manner;
(b)the management of its affairs in a businesslike and cost-effective manner and in accordance with modern management practices and techniques and in particular, apply to its operations the best standards of financial management and accounting; and
(c)ensure that its operations are designed for the provision of the best services to its customers, while maintaining a high degree of responsiveness to their needs.

4. Interpretation

In this Act, unless the context otherwise requires—"Authority" means the Uganda National Roads Authority established by section 5;"Board" means the Board of Directors appointed under section 8;"Chairperson" means the Chairperson of the Board appointed under section 8;"currency point" means the value assigned to a currency point in the First Schedule;"Executive Director" means the Executive Director of the Authority appointed under section 18, or a person authorised to act on his or her behalf;"Minister" means the Minister responsible for roads;"National Planning Authority" means the National Planning Authority provided for by the National Planning Authority Act 2002;"national road" means a road maintained by the Government;"national roads network" means the system of all roads maintained by the Government;"road" means any highway and any other road to which the public have access and includes—(a)a bridge over which a road passes;(b)a ferry, as defined in the Ferries Act and designated by the Minister for the purposes of this Act, by regulations made under section 37(2)(k);(c)a ship, as defined in the Inland Water Transport (Control) Act, and designated by the Minister for the purposes of this Act, by regulations made under section 37(2)(k).

Part II – Uganda National Roads Authority

5. Establishment of Authority

(1)There is established the Uganda National Roads Authority.
(2)The Authority is a body corporate with perpetual succession and a common seal and may, for the discharge of its functions under this Act—
(a)acquire, hold and dispose of moveable and immovable property;
(b)sue and be sued in its corporate name; and
(c)do all acts and things as a body corporate may lawfully do.
(3)The Authority shall be under the general supervision of the Minister.

6. Functions of Authority

(1)The functions of the Authority are—
(a)to be responsible for the management of the national roads network;
(b)to maintain and develop the national roads network;
(c)to advise the Government on policy matters concerning roads generally, and to assist in the co-ordination and implementation of the policy relating to roads;
(d)to contribute to the addressing of transport concerns in overall national planning through co-ordination with the relevant ministries, departments and agencies of Government;
(e)to collaborate with international organisations, intergovernmental organisations and agencies of other states and the private sector on issues relating to the development and maintenance of roads;
(f)to enter into agreements or other arrangements with any person for the provision of roads services, subject to such charges as may be agreed upon;
(g)to advise and assist the Minister, subject to such conditions as may be agreed upon, in regard to—
(i)any matter relating to the planning, design, construction and maintenance of roads, whether the roads are part of the national roads network or not;
(ii)the establishment and maintenance of road reserves in accordance with the Roads Act; and
(iii)the exercise of any power or performance of any duty which the Minister may or is required to exercise or perform under this Act; and
(h)to perform any other function incidental or consequential to its functions under this Act or as may be conferred on it under this Act.
(2)The Authority shall, to the greatest extent possible, and consistent with this Act, consult and co-operate with departments, branches and agencies of the Government and with utility service providers having duties, aims or objectives related to those of the Authority.

7. Powers of Minister

(1)The Minister may give directions in writing to the Authority with respect to the policy to be observed and implemented by the Authority, and the Authority shall comply with those directions.
(2)The Minister may, after consultation with the Authority, direct the Authority, in writing, to undertake a road project or programme that is not part of the national roads network, and which the Minister considers necessary and in the national interest for improving accessibility to, or within, any area in Uganda.
(3)The Authority shall comply with a direction given to it by the Minister under subsection (2), subject to the funding of the road project or programme from moneys provided by Parliament or from any other source agreed upon by the Minister and the Authority.
(4)The Minister shall cause a copy of any directions given to the Authority under this section to be published in the Gazette and shall lay a copy of the directions before Parliament.

8. Board of Directors

(1)The Authority shall have a Board of Directors, which shall be the governing body of the Authority.
(2)The Board of Directors shall consist of not less than five and not more than seven members appointed by the Minister with the approval of Cabinet.
(3)The members appointed under subsection (2) shall include—
(a)the Executive Director of the Authority, ex officio;
(b)a representative of the Ministry responsible for roads, not below the rank of Commissioner;
(c)a representative of the Ministry responsible for finance, not below the rank of Commissioner;
(d)a representative of the National Planning Authority;
(e)a representative of engineers nominated by a professional body of engineers; and
(f)two representatives from the private sector.
(4)The Minister shall appoint one of the members of the Board, other than the Executive Director, to be the Chairperson of the Board.

9. Qualifications of members of Board

(1)The members of the Board shall be persons of high moral character and proven integrity who are qualified in, and have had experience and shown capacity in management, business administration, financial management and roads matters.
(2)The Minister shall, in appointing the members of the Board, ensure that there is adequate representation of customer interests and a balance of skills, gender and experience among the members of the Board.
(3)The members of the Board shall hold office on terms and conditions specified in their instruments of appointment.

10. Disqualification for appointment

A person shall not be appointed to the Board who—
(a)has been convicted of an offence under this Act or of an offence involving dishonesty or fraud by a competent court in Uganda or elsewhere;
(b)is an undischarged bankrupt, or has made any assignment or arrangement with his or her creditors;
(c)has been convicted of an offence and sentenced to a term of imprisonment for six months or more by a competent court in Uganda or elsewhere; or
(d)is a Member of Parliament, a Minister, a member of a local government council, or is a member of a regional assembly or a regional government.

11. Tenure of office of members of Board

(1)A member of the Board shall hold office for three years and is eligible for reappointment for one more term, except that of the first members to be appointed to the Board, three shall be appointed to hold office for two years.
(2)A member of the Board may, at any time, resign his or her office by letter addressed to the Minister, giving notice of not less than one month.
(3)The Minister may, at any time, remove a member of the Board only—
(a)for inability to perform the functions of his or her office arising from infirmity of body or mind;
(b)for misbehaviour or misconduct;
(c)for incompetence;
(d)for absence without prior permission of the Chairperson, or without reasonable cause to the satisfaction of the Minister, for more than four consecutive meetings of the Board;
(e)for bankruptcy or insolvency;
(f)for conviction of a criminal offence, in Uganda or elsewhere, in respect of which the maximum penalty exceeds six months imprisonment without the option of a fine; or
(g)if information relating to the conduct of a member, which could have precluded his or her appointment if it had been made available to the Minister, is brought to the attention of the Minister.
(4)Where it appears to the Minister that there is cause to remove a member under subsection (3), the Minister shall notify the member concerned in writing and shall give the member an opportunity to submit his or her explanation to the Minister.
(5)A person removed under this section is not entitled to any benefits that may be payable to him or her under section 13.

12. Filling of vacancies of Board

Where a member is removed from office under section 11, the Minister may appoint another person qualified in terms of section 9 to replace the member, and to hold office for the remainder of the term of the previous member.

13. Remuneration of members of Board

The Chairperson and the members of the Board shall be paid such remuneration as may be specified in their instruments of appointment.

14. Functions of Board

(1)The Board is responsible for the general direction and supervision of the Authority.
(2)Without prejudice to the generality of subsection (1), the Board shall—
(a)oversee the operations of the Authority;
(b)advise the Minister on road-related policy and strategic issues;
(c)review and approve business and operating plans, budgets, reports and audited financial statements of the Authority;
(d)determine the objectives and general performance of the Authority as set out in—
(i)the business plan of the Authority;
(ii)the strategic plan of the Authority;
(iii)the annual plan of the Authority; and
(iv)the performance agreement;
(e)establish and approve rules and procedures for appointment, promotion, termination, discipline, and terms and conditions of service of the staff of the Authority;
(f)provide guidance to the Executive Director and staff of the Authority;
(g)review the management of the Authority; and
(h)perform any other function conferred by this Act or which may be necessary for the proper implementation of this Act.
(3)The Board is, in the performance of its functions, responsible to the Minister.

15. Meetings of Board and related matters

The Second Schedule has effect in relation to meetings of the Board and other matters provided for in that Schedule.

16. Committees of Board

(1)The Board may appoint committees of the Board—
(a)to inquire into and advise the Board on any matter concerning the functions of the Authority as the Board may refer to the committee;
(b)to exercise such powers or perform such functions of the Authority as the Board may delegate or refer to the committee under section 17.
(2)A committee appointed under subsection (1) shall consist of a Chairperson and other persons, whether members of the Board or not, as the Board may determine.
(3)The Board may require a committee appointed under this section to act jointly or in co-operation with any other committee.
(4)Members of a committee appointed under this section may be paid such allowances as the Board may, with the written approval of the Minister, determine.
(5)Subject to any direction given by the Board, a committee appointed under this section may regulate its own procedure.

17. Delegation of functions of Authority

(1)The Board may, by instrument of delegation, delegate to the Chairperson, a member of the Board, an officer of the Authority or to a committee established under section 16, any of the powers, duties or functions of the Authority under this Act.
(2)The terms and conditions regulating the exercise of the powers delegated under this section shall be contained in the instrument of delegation.
(3)A person aggrieved by the decision of a delegate in the exercise of powers under this section may appeal to the Board.
(4)A person shall, in the exercise of a delegated power under this section, comply with directions or guidelines as the Board may, from time to time, issue in writing.

Part III – Staff of the Authority

18. Executive Director

(1)The Board shall have an Executive Director who shall be appointed by the Minister on the recommendation of the Board, on terms and conditions specified in his or her instrument of appointment.
(2)The Executive Director may not engage in paid employment outside the duties of his or her office, except with the written approval of the Minister.
(3)The Executive Director shall be a person of high moral character and proven integrity, with the relevant qualifications and experience relating to the functions of the Authority.

19. Functions of Executive Director

(1)The Executive Director is responsible for the day-to-day operations and administration of the Authority.
(2)Subject to this Act and to the general supervision and control of the Board, the Executive Director is responsible for—
(a)the implementation of the policies and programmes of the Authority and reporting on them to the Board;
(b)the proper management of the funds and property of the Authority;
(c)the organisation and control of the staff of the Authority;
(d)the development of an operating plan to guide the Authority in achieving its objectives;
(e)co-operation with other lead agencies and organisations in the roads sector;
(f)the development of an economic, efficient and cost effective internal management structure;
(g)proposing and implementing the strategic plan, business plan and annual plan of the Authority;
(h)ensuring that the policies of the Authority are implemented and that the agreed objectives, targets and service standards are met;
(i)providing advice as required on all matters within the Authority’s responsibility; and
(j)performing any other duty necessary for the implementation of this Act as may be assigned to him or her by the Board.
(3)The Executive Director is, in the performance of his or her functions, answerable to the Board.

20. Tenure of office of Executive Director

(1)The Executive Director shall hold office for five years and is eligible for re-appointment for one more term.
(2)The Executive Director shall cease to hold office if—
(a)he or she resigns;
(b)he or she is declared or becomes bankrupt or insolvent or has made an arrangement with his or her creditors;
(c)he or she is convicted of a criminal offence, in Uganda or elsewhere, in respect of which the maximum penalty exceeds six months imprisonment without the option of a fine;
(d)he or she is removed from office by the Board for—
(i)inability to perform the functions of his or her office arising from infirmity of body or mind;
(ii)misbehaviour or misconduct; or
(iii)incompetence.

21. Other officers and staff of Authority

(1)The Board may, on the advice of the Executive Director, appoint other officers and staff of the Authority as may be necessary for the proper and efficient performance of the functions of the Authority.
(2)The employees appointed under this section shall hold office on such terms and conditions as may be determined by the Board and specified in their instruments of appointment.
(3)The Board shall regulate the manner of appointment, terms and conditions of service and the discipline of the staff appointed under this section.

22. Consultants

The Board may engage consultants to serve as individual expert advisers or as members of a committee of the Board established under section 16, as may be useful and appropriate for the Board to discharge its responsibilities.

23. Protection of members and employees from personal liability

A member of the Board or an employee of the Authority or a person acting on the directions of such a person is not personally liable for any act or omission done or omitted to be done in good faith in the exercise of the functions of the Authority.

Part IV – Finances

24. Funds of Authority

(1)The funds of the Authority shall consist of—
(a)money appropriated by Parliament for the purposes of the Authority;
(b)grants, gifts or donations from the Government or other sources made with the approval of the Minister and the Minister responsible for finance;
(c)revenue earned from activities of the Authority under this Act; and
(d)any other funds received by the Authority in the performance of its functions under this Act.

25. Duty to operate on sound financial principles

In the performance of its functions under this Act, the Authority shall have due regard to sound financial principles and shall conduct its business in a manner, that taking one transaction with another, and taking one year with another—
(a)its revenue is sufficient for meeting all charges, including interest on capital and loans properly chargeable to revenue;
(b)sufficient provision is made to provide for depreciation of assets; and
(c)where any loss or bad debt arises in respect of any transaction, provision is made in respect of other transactions, whether of a similar nature or otherwise, to offset the amount of that loss or debt.

26. Power to open and operate bank accounts

(1)The Board shall open and maintain such bank accounts as are necessary for the performance of the functions of the Authority.
(2)The Executive Director shall ensure that all money received by or on behalf of the Authority is banked as soon as practicable after being received.
(3)The Executive Director shall ensure that no money is withdrawn from or paid out of any of the Authority’s bank accounts without the authority of the Board.

27. Borrowing powers

(1)The Board may, with the approval of the Minister given in consultation with the Minister responsible for finance, borrow money from any source as may be required for meeting its obligations or for the discharge of the functions of the Authority under this Act.
(2)The Authority may, with the prior approval of the Minister for the purpose of any borrowing under subsection (1), charge any asset or property of the Authority with the repayment of any money so borrowed.

28. Investment of surplus funds

Any funds of the Authority not immediately required for any purpose under this Act may be invested in a manner, which the Board may, with the approval of the Minister, after consultation with the Minister responsible for finance, determine.

29. Estimates

(1)The Executive Director shall, within three months before the end of each financial year, cause to be prepared and submitted to the Board for its approval, estimates of the income and expenditure of the Authority for the next financial year.
(2)The Board shall, within two months of receipt of the estimates referred to in subsection (1), cause to be submitted to the Minister for his or her approval, the estimates of income and expenditure as approved by the Board.

30. Financial year of Authority

The financial year of the Authority is the period of twelve months beginning on the 1st day of July in each year, and ending on the 30th day of June in the next calendar year.

31. Accounts

(1)The Executive Director shall cause to be kept, proper books of accounts and records of the transactions of the Authority.
(2)Subject to any direction given by the Minister, the Executive Director shall cause to be prepared and submitted to the Minister and the Minister responsible for finance in respect of each financial year, and not later than three months after the end of the financial year, a statement of accounts, which shall include—
(a)a balance sheet, an income and expenditure account and a source and application of funds statement; and
(b)any other information in respect of the financial affairs of the Authority as the Minister responsible for finance may, in writing, require.

32. Audit

(1)The Auditor General or an auditor appointed by the Auditor General shall, in each financial year, audit the accounts of the Authority.
(2)The Board shall ensure that within four months after the end of each financial year, a statement of accounts described in section 31(2) is submitted for auditing to the Auditor-General or an auditor appointed by the Auditor General.
(3)The Auditor General and any auditor appointed by the Auditor General shall have access to all books of accounts, vouchers and other records of the Authority and is entitled to any information and explanation required in relation to those records.

Part V – Miscellaneous

33. Performance agreements

(1)A performance agreement shall be made between the Minister and the Authority concerning the management, by the Authority, of the national roads network and shall include all the activities that are necessary to develop and maintain the national roads in a satisfactory state.
(2)The performance agreement shall describe the key outputs that the Authority shall achieve during any financial year, and the key outputs shall be defined in terms of performance indicators and targets.
(3)The Minister may request for an independent report on the implementation of the performance agreement.

34. Annual and other reports

(1)The Board shall, not later than six months after the end of each financial year, make and submit to the Minister a report on the activities of the Authority during that financial year.
(2)The report referred to in subsection (1) shall include—
(a)particulars of activities, projects and programmes relating to—
(i)advice furnished or assistance rendered in terms of any agreement contemplated in section 6; and
(ii)the management of the national roads network;
(b)the extent to which any direction given by the Minister during that financial year has been carried out; and
(c)an assessment by the Authority of its achievements in relation to the performance agreement.
(3)The Authority shall submit to the Minister, together with the report referred to in subsection (1), the audited financial statements of the Authority, and the auditor’s report on those statements.
(4)The Board shall also submit to the Minister, such other reports on its activities or on any other matter as the Minister may, from time to time, require.
(5)The Minister shall, not later than six months after receipt of the report submitted to him or her under subsection (1), table the report before Parliament.

35. Official seal of Authority

(1)The official seal of the Authority shall be in a form determined by the Board.
(2)The official seal shall, when affixed to any document, be authenticated by the signatures of the Executive Director and one other member of the Board and in the absence of the Executive Director, the person performing the functions of the Executive Director shall sign.
(3)An instrument or contract which, if executed or entered into by a person other than a body corporate would not require to be under seal may be executed or entered into on behalf of the Authority by—
(a)the Executive Director; or
(b)any member of the Board or any other person if that member of the Board or other person has been duly authorised by resolution of the Board to execute or enter into the instrument or contract as the case may be.
(4)Every document purporting to be an instrument or contract executed or issued by or on behalf of the Authority in accordance with this section shall be deemed to be so executed or issued until the contrary is proved.

36. Service of documents

Any notice or document may be served on the Authority by delivering it at the office of the Executive Director, or by sending it by pre-paid registered post to the Executive Director.

37. Regulations

(1)The Minister may, on the recommendation of the Board, by statutory instrument, make regulations generally for the better carrying into effect of the provisions of this Act.
(2)Notwithstanding the generality of subsection (1), regulations made under this section may provide for—
(a)the use, safety or maintenance of national roads;
(b)the erection of structures on or near, over, or under national roads;
(c)the fees to be charged under this Act;
(d)the drainage of streets, land, compounds and new buildings adjacent to national roads and deterrence of encroachment;
(e)the details to be included in the annual road programme;
(f)the removal, demolition or alteration of any projection or structure obstructing a national road or likely to cause danger or inconvenience to users of a national road or related facility;
(g)the towing or removal of any vehicle obstructing a national road;
(h)the employment and terms and conditions of service of staff of the Authority;
(i)the financial management and control of the affairs of the authority;
(j)the transfer, to the Authority, of assets in accordance with section 39;
(k)the designation of ferries and ships for the purposes of this Act;
(l)the activities of other service agencies which impact on roads and road reserves.
(3)Notwithstanding the Interpretation Act, regulations made under this section may prescribe, in respect of a contravention of the regulations, a penalty of a fine not exceeding two hundred currency points or imprisonment not exceeding twenty-four months or both, and in the case of a continuing offence, an additional fine not exceeding five currency points in respect of each day on which the offence continues.

38. Amendment of Schedules

(1)The Minister may, by statutory instrument, with the approval of Cabinet, amend the First Schedule.
(2)The Minister may, by statutory instrument, amend the Second Schedule.

Part VI – Transitional

39. Transfer of assets and liabilities

(1)The Minister may, by statutory instrument, make regulations for the transfer to the Authority of the ownership or possession of assets belonging to the Government which, by virtue of this Act and in his or her opinion, are necessary for the performance of the functions of the Authority.
(2)Upon the commencement of a statutory instrument made under subsection (1) and without further assurance, the Authority shall, in respect of the assets transferred to it by the statutory instrument, have all the rights and be subject to all the liabilities attaching to those assets.

40. Employees

(1)The Authority shall, immediately after the effective date of the operations, openly advertise vacancies for the purposes of recruitment of staff of the Authority in accordance with Part III of this Act.
(2)The Minister may, within the period immediately before the commencement of the operations of the Authority, appoint any person to render services to the Authority for a period not exceeding one year.

41. Existing laws

Any law in existence immediately before the coming into force of this Act relating to national roads shall have effect subject to such modifications as may be necessary to give effect to this Act.

First Schedule (Section 4)

Currency point

A currency point is equivalent to twenty thousand shillings.

Second Schedule (Section 15)

Meetings of the Board and related matters

1.Meetings of the Board
(1)The Chairperson shall convene every meeting of the Board at times and places as the Board may determine, and the Board shall meet for the discharge of business at least once in every three months.
(2)The Chairperson may, at any time, convene a special meeting of the Board and shall also call a meeting within fourteen days, if requested to do so in writing by five members of the Board, and with the approval of the Minister.
(3)Notice of a Board meeting shall be given in writing to each member at least fourteen working days before the day of the meeting.
(4)The Chairperson shall preside at every meeting of the Board and in his or her absence, the members present may appoint a member from among themselves to preside at the meeting.
2.Quorum
(1)The quorum for a meeting of the Board is two-thirds of the members.
(2)All decisions at a meeting of the Board shall be by majority of the votes of the members present and voting and in case of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his or her deliberative vote.
3.Minutes of meetings
(1)The Secretary shall cause to be recorded and kept, minutes of all meetings of the Board in a form approved by the Board.
(2)The minutes recorded under this paragraph shall be submitted to the Board for confirmation at its next meeting following that to which the minutes relate and when so confirmed, shall be signed by the Chairperson and the Secretary in the presence of the members present at the latter meeting.
4.Power to co-opt
(1)The Board may invite any person who, in the opinion of the Board, has expert knowledge concerning the functions of the Board, to attend and take part in a meeting of the Board.
(2)A person attending a meeting of the Board under this section may take part in any discussion at the meeting on which his or her advice is required, but shall not have a right to vote at that meeting.
5.Validity of proceedings not affected by vacancyThe validity of any proceedings of the Board or a committee of the Board shall not be affected by a vacancy in its membership or by any defect in the appointment or qualification of a member or by reason that a person not entitled, took part in its proceedings.
6.Disclosure of interest of members
(1)A member of the Board who is in any way directly or indirectly interested in a contract made or proposed to be made by the Board, or in any other matter which falls to be considered by the Board, shall, as soon as the relevant facts come to his or her knowledge, disclose the nature of his or her interest at a meeting of the Board.
(2)A disclosure made under subparagraph (1) shall be recorded in the minutes of that meeting.
(3)A member who makes a disclosure under subparagraph (1) shall not—
(a)be present during any deliberation of the Board with respect to that matter; or
(b)take part in any decision of the Board with respect to that matter.
(4)For purposes of determining whether there is a quorum, a member withdrawing from a meeting or who is not taking part in a meeting under subparagraph (3) shall be treated as being present.
7.Board may regulate its procedureSubject to this Act, the Board may regulate its own procedure or any other matter relating to its meetings.
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History of this document

01 December 2006
08 June 2006 this version
24 May 2006
Assented to