Karamoja Development Agency Act
Commenced on 3 July 1987
[This is the version of this document at 31 December 2000.]
[Note: The version of the Act as at 31 December 2000 was revised and consolidated by the Law Reform Commission of Uganda. All subsequent amendments have been researched and applied by Laws.Africa for ULII.]
An Act to provide for the establishment of the Karamoja Development Agency, to define its powers and functions and to provide for other connected matters.
In this Act, unless the context otherwise requires—
(a)"agency" means the Karamoja Development Agency established under section 2;
(b)"council" means the governing body of the agency established under section 8(1);
(c)"chairperson" means the chairperson of the council;
(d)"director" means the director of the agency.
2. Establishment of the agency
(1)There is established an agency to be known as the Karamoja Development Agency which shall, in that name, be a body corporate with perpetual succession and shall be capable of suing and being sued and, subject to this Act, of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer.
(2)The agency shall be under the general direction of the President’s office and shall be answerable to the President.
3. Functions of the agency
The functions of the agency shall be—
(a)to supervise the general transformation of Karamoja region and bring about rapid economic and social development;
(b)to ensure that in the developmental process of Karamoja region, the Karimojong people acquire the necessary skills that will enable them to participate in the solution of the socioeconomic problems of the region;
(c)to provide sufficient water in the region for the purpose of developing agriculture and animal industry in the region;
(d)to promote, diversify and increase the productive capacity of the region;
(e)to provide and improve the health and educational facilities in the region;
(f)to coordinate all developmental projects that are or are to be carried on in the region;
(g)to carry out any other function which is incidental to the above named functions or is necessary for enabling the agency to fulfill its objectives.
4. General powers of the agency
The agency may do all such things as are calculated to facilitate, or are incidental or conducive to, the better carrying out of its functions and may in particular, but without prejudice to the generality of the foregoing—
(a)acquire, take on lease, purchase, hold and enjoy any property and sell, let or otherwise dispose of the property;
(b)establish and maintain offices;
(c)enter into any contract;
(d)appoint a committee for any such general or special purpose as in the opinion of the agency would be better regulated and managed by a committee;
(e)solicit financial, technical and other material assistance from friendly countries, organisations or individuals as may be necessary.
The agency may, in writing, delegate to any of its committees with or without restrictions or conditions, such of its powers and functions as it deems expedient for the efficient discharge of the functions of the agency, but no delegation made under this section shall preclude the agency from exercising or performing at any time any of the powers or functions so delegated.
6. Seal of the agency
(1)The agency shall have a common seal, and the affixing of the seal to any instrument or document shall—
(a)be authorised or ratified by a resolution of the agency;
(b)be authenticated by the signatures of the director and any two members of the council authorised by resolution of the council either generally or specifically for that purpose.
(2)Any document purporting to be a document duly executed under the seal of the agency shall be admissible in evidence and shall, unless the contrary is proved, be presumed to be a document so executed.
7. Certain contracts and instruments not required to be under seal
Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal may be entered into or executed on behalf of the agency by any person generally or specially authorised by the agency for that purpose.
8. Composition of the council
(1)There shall be a council which shall be the governing body of the agency and which shall consist of—
(a)Permanent Secretaries of the following Ministries—
(ii)Water and Mineral Resources;
(iii)Animal Industry and Fisheries;
(v)Planning and Economic Development;
(c)the chairpersons of Moroto and Kotido district local councils and one councillor from each county; and
(d)persons appointed under subsection (2) and persons co-opted under subsection (3).
(2)The President may appoint to the council up to five persons who, in his or her opinion, are knowledgeable about the socioeconomic affairs of the region.
(3)The council may co-opt any representative of a nongovernmental organisation carrying out any developmental project in the region.
(4)There shall be a chairperson of the council who shall be appointed by the President.
9. Chairperson to preside over meetings
(1)The chairperson or, in his or her absence from any meeting, a person appointed under subsection (2), shall preside at any meeting of the council.
(2)Where the chairperson is absent from any meeting of the council, the members present at the meeting shall, before any other business is transacted at the meeting, appoint a person from among the members present to preside at the meeting.
10. Meetings of the council
(1)Meetings of the council shall be held at such times and places as the chairperson may, from time to time, appoint and shall be held at least once in every three months.
(2)The chairperson shall, if requested by notice in writing signed by at least one-third of the members of the council, convene a meeting of the council within fourteen days of receipt of that notice.
(3)One-third of the members of the council shall form a quorum.
(4)Every question arising at any meeting of the council shall be decided by a majority of votes of the members present and voting; and in the case of equality of votes, the chairperson or the person presiding shall have a casting vote.
(5)If a member has any pecuniary interest, direct or indirect, in any contract or proposed contract or other matter, and is present at a meeting of the council at which the contract or other matter is a subject of consideration, he or she shall, as soon as practicable after the commencement of the meeting, disclose to the council the fact and the nature of his or her interest and shall withdraw from the meeting while the council deliberates on that contract or other matter.
(6)The council, if it thinks fit, may transact any of its business by the circulation of papers; and a resolution in writing, approved in writing by all the members of the council, shall be as valid and effectual as if it had been passed at a meeting of the council.
11. Director and other officers of the agency
(1)There shall be a director of the agency who shall be the chief executive officer of the agency responsible for the execution of the policies and decisions of the council.
(2)The director shall be a full-time employee of the agency appointed by the President on such terms and conditions as the President may determine.
(3)The director shall be the secretary to the council and shall cause the minutes of any meeting of the council to be properly kept and shall carry out all such other duties as may be assigned to him or her by the council or the President.
(4)The council, with the approval of the President or a person to whom the President may delegate such responsibility, may appoint the chief accountant, and other heads of departments, officers and employees as may be necessary for the proper and efficient discharge of the functions of the agency.
(5)Public officers may be seconded to the agency.
(6)The agency shall as much as possible utilise the services of public officers and other Government employees working in the region whose professional skills and schedules of work are relevant to the projects and general functions of the agency, and any such public officer or Government employee called upon to do the work of the agency shall be under obligation to perform that work notwithstanding that he or she is not an employee of the agency.
12. Funds of the agency
(1)The funds of the agency shall consist of—
(a)grants from the Government;
(b)any monies accruing to the agency in the course of the discharge of its functions;
(c)grants and donations received from sources within or without the country.
(2)All monies received by the agency shall be deposited to the credit of the agency in a bank approved by the council.
(1)The agency shall, not later than three months prior to the commencement of every financial year, make and submit to the President’s Office estimates of the income and expenditure of the agency for the next ensuing year, for approval.
(2)No expenditure shall be made out of the funds of the agency unless the expenditure has been approved by the President’s Office under the estimates for the year in which the expenditure is to be made or under other estimates supplementary to those estimates and similarly approved.
(3)For the purposes of this section, the twelve months beginning on the 1st day of July and ending on the 30th day of June shall be the agency’s financial year.
14. Accounts and audit
(1)The agency shall keep proper books of account of all income and expenditure and shall maintain proper and adequate records of its income and expenditure.
(2)The agency shall, not later than three months from the end of each financial year, cause to be drawn up a statement of income and expenditure during that financial year and a statement of assets and liabilities of the agency on the last day of the financial year.
(3)The annual statement of account of the agency shall be audited by the Auditor General or an auditor appointed by him or her who shall be entitled at any time to have access to all books of account, vouchers and other financial records of the agency and to require such information and explanation on those financial records as he or she thinks fit.
15. Reports, etc. to be laid before Parliament and published
The President’s Office shall as soon as possible after the end of each financial year, but not later than six months after the end of each financial year, cause the audited accounts to be laid before Parliament and published in the Gazette.
16. Annual report
The agency shall, not later than three months after the end of each financial year, submit an annual report on the activities of the agency to the President’s Office, which report shall be laid before Parliament.
17. Exemption from duties, etc.
The agency shall be exempted from—
(a)the payment of income tax in respect of the discharge of its functions;
(b)the payment of any duty payable under the Stamps Act; and
(c)the payment of sales tax or customs duty payable under the Value Added Tax Act and Customs Tariff Act, respectively.
The council may, subject to this Act, make regulations, regarding—
(a)the procedure and conduct of its meetings and meetings of its committees;
(b)the conduct of operations by the agency; and
(c)the allowances of the members of the council.