Non-Governmental Organisations Act, 2016
Act 5 of 2016
- Published in Uganda Gazette 14 on 3 March 2016
- Assented to on 30 January 2016
- Commenced on 14 March 2016 by Non-Governmental Organisations Act (Commencement) Instrument, 2016
- [This is the version of this document from 3 March 2016.]
Part I – Preliminary
1. TitleThis Act may be cited as the Non-Governmental Organisations Act, 2016.
2. CommencementThis Act shall come into force on a date appointed by the Minister by statutory instrument.
3. InterpretationIn this Act, unless the context otherwise requires—“board of directors” means the board of directors established under section 9;“Bureau” means the National Bureau of Non-Governmental Organisations established under section 5;“CBOs” means Community Based Organisations;“Chairperson” means the Chairperson of the Board appointed under section 9;“Community Based Organisation” means an organisation operating at a subcounty level and below whose objectives is to promote and advance the wellbeing of the members of the community;“continental organisation” means an organisation that has its original incorporation in any African country, other than the Partner States of the East African Community, and is partially or wholly controlled by citizens of one or more African countries, other than the citizens of the Partner State of the East African Community, and is operating in Uganda under the authority of a permit issued by the Bureau;“currency point” has the value specified in Schedule 1;“dissolution” means the cessation of operations of an organisation, voluntarily or by order of the court;“DNMC” means District Non-Governmental Organisations Monitoring Committee;“emergency situation” means a situation of a serious nature that develops suddenly and unexpectedly and poses an immediate risk to health, life, property or the environment;“Executive Director” means the Executive Director of the Bureau appointed under section 16;“foreign organisation” means an organisation that does not have original incorporation in any country, and is partially or wholly controlled by citizens of other countries, other than the citizens of the Partner States of the East African Community, and is operating in Uganda under the authority of a permit issued by the Bureau;“indigenous organisation” means an organisation that is wholly controlled by Ugandan citizens;“international organisation” means an organisation that has its original incorporation in a country, other than a Partner State of the East African Community and is partially or wholly controlled by citizens of one or more countries, other than the citizens of the Partner States of the East African Community, and is operating in Uganda under the authority of a permit issued by the Bureau;“Minister” means the Minister responsible for internal affairs;“Organisation” means a legally constituted non-governmental organisation under this Act, which may be a private voluntary grouping of individuals or associations established to provide voluntary services to the community or any part, but not for profit or commercial purposes;“permit” means a permit issued by the Board under section 31, granting permission to an organisation to operate;“regional organisation” means an organisation incorporated in one or more of the Partner States of the East African Community, and which is partially or wholly controlled by citizens of one or more of the Partner States of the East African Community, and which is operating in Uganda under the authority of a permit issued by the Bureau;“register” means a record of all organisations registered under the Act that is maintained by the Bureau in both electronic and hard copy; and“SNMC” means Subcounty Non-Governmental Organisations Monitoring Committee.
4. Objects of the ActThe objects of this Act are to—
Part II – The National Bureau for Non-Governmental Organisations
5. Establishment of the Bureau
6. Functions of the BureauThe functions of the Bureau are—
7. Powers of the Bureau
8. Common seal of the Bureau
Part III – Board of directors
9. Board of directors
10. Tenure of office of members of the board of directorsA member of the board of directors shall hold office for a period of three years and is eligible for reappointment for one further term.
11. Functions of the board of directorsThe board of directors is responsible for—
12. Meetings of the board of directorsThe meetings of the board of directors shall be conducted in accordance with Schedule 2.
13. Remuneration of the board of directorsThe chairperson, vice chairperson and members of the board of directors shall be paid such remuneration as the Minister may, in consultation with the Minister responsible for finance, determine.
Part IV – Committees and sub-committees of the board of directors
14. Committees and sub-committees
15. Procedure of committees and sub-committeesExcept as expressly provided under this Act, the procedure of committees or sub-committees established under section 14 shall be prescribed by the board of directors.
Part V – Management and staff of the Bureau
16. Executive Director
17. Secretary to the Bureau
18. Other staff
Part VI – The District and sub-county Non-Governmental Organisation Monitoring Committees
19. Branch offices of the Bureau
20. District Non-Governmental Organisations Monitoring Committee
21. Subcounty Non-Governmental Organisations Monitoring Committee
Part VII – Financial provisions
22. Funds of the Bureau
24. Bank accountsThe Bureau shall with the authority of the Accountant General open and maintain such bank accounts as are necessary for the performance of its functions.
25. Financial year of the BureauThe financial year of the Bureau shall be the same as the financial year of Government.
28. Annual report
Part VIII – Registration and incorporation of non-governmental organisations
29. Registration of organisations with the Bureau
30. Refusal to register
31. Application and issue of permit
32. Renewal of a permit
33. Grounds for revocation of a permit
34. Registration of organisations incorporated outside Uganda
35. Exemption of organisations
Part IX – Self-regulation, administrative and reporting obligations
36. InterpretationFor purposes of this part—
37. Formation of self-regulatory body
38. Self-regulatory mechanismA self-regulatory body that has established a self-regulatory mechanism shall inform the Bureau of its existence and mode of operations.
39. Annual returns, estimates and furnishing of information
Part X – Offences and penalties
40. Offences and penalties
Part XI – Miscellaneous
42. Protection from liabilityA member of the board of directors, an officer or an employee of the Bureau or a person acting on the directions of the Bureau 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 Bureau.
43. Assistance to the BureauMinistries, Departments and Agencies of Government shall afford the Bureau all necessary assistance for purposes of giving full effect to this Act.
44. Special obligationsAn organisation shall—
45. Staffing of organisationsAn organisation shall comply with the following in respect to staffing—
46. Business operations of organisations
47. Affiliated organisations
48. DissolutionThe dissolution of an organisation may be either—
49. Voluntary dissolution
50. Dissolution by court
51. Composition or scheme of arrangement
52. Adjudication and appeals mechanism
53. Adjudication committee
54. Minister’s powersThe Minister may, subject to this Act, give to the Bureau written instructions of a general or specific nature relating to its functions to which it shall be bound to comply.
56. Repeal of the Non-Governmental Organisations Act, Cap. 113 and savings
Part XII – Savings and transitional
57. Vesting of assets and liabilitiesOn the commencement of this Act—
58. Continuation of the Bureau and employment of employees of the Board
59. Continuation of operation of organisationsAn organisation and Community Based Organisation which existed immediately before the commencement of this Act and to which section 2(1) of the Non-Governmental Organisation Act, Cap. 113 applied, before the commencement of this Act, may continue to operate.
History of this document
14 March 2016
03 March 2016 this version
30 January 2016