Uganda Industrial Research Institute Act, 2006

Short title: This Act may be cited as the Uganda Industrial Research Institute Act, 2003.

Jurisdiction: Uganda
Instrument: Act or statute
Citation: Act 5 of 2006
Version: 8 Jun 2006
Language: en
Official source: View official record ↗

Source attribution: Source: Uganda Legal Information Institute

Statute overview

About this statute

Short title: This Act may be cited as the Uganda Industrial Research Institute Act, 2003. Defines key terms: “applied industrial research”, “Board”, “Institute”, and “Minister”. Establishes the Uganda Industrial Research Institute as a corporate body with perpetual succession and a common seal, capable of suing or being sued; and grants the Institute power to own property, enter contracts and perform acts a body corporate may lawfully do, for carrying out functions under this Act. The Institute's objectives are to undertake applied industrial research and to develop and acquire appropriate technology to create a strong, competitive and sustainable industrial sector for rapid industrialisation of Uganda. The Institute must perform the functions listed, including technology development, research, demonstration plants, equipment design, recovery processes, data banking, technical advice, collaboration, and serving as a production technology reference centre.

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Provisions of Uganda Industrial Research Institute Act, 2006

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Part I

Preliminary

1
Preliminary - Short title
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Short title: This Act may be cited as the Uganda Industrial Research Institute Act, 2003.

Section Short title Section This Act may be cited as the Uganda Industrial Research Institute Act, 2003.
2
Preliminary - Interpretation
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Defines key terms: “applied industrial research”, “Board”, “Institute”, and “Minister”.

Section Interpretation Section In this Act, unless the context otherwise requires— “ applied industrial research ” means research undertaken to create utility of science and technology for application in industrial development; “ Board ” means the Board established under section 6 of this Act; “ Institute ” means the Uganda Industrial Research Institute established under section 3 of this Act; “ Minister ” means the Minister responsible for industry.

Part II

Establishment, objects and functions of the Institute

3
Establishment, objects and functions of the Institute - Establishment of the Institute
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Establishes the Uganda Industrial Research Institute as a corporate body with perpetual succession and a common seal, capable of suing or being sued; and grants the Institute power to own property, enter contracts and perform acts a body corporate may lawfully do, for carrying out functions under this Act.

Section Establishment of the Institute Section There is established the Uganda Industrial Research Institute . The Institute shall be a body corporate with perpetual succession and a common seal, and shall be capable of suing or being sued in its corporate name. The Institute may, for the purpose of carrying out functions under this Act, purchase, hold, manage and dispose of any property whether movable or immovable and may enter into any contract and other transaction as may be expedient and may do or suffer any other act or thing that a body corporate may lawfully do or suffer.
4
Establishment, objects and functions of the Institute - Objectives of the Institute
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The Institute's objectives are to undertake applied industrial research and to develop and acquire appropriate technology to create a strong, competitive and sustainable industrial sector for rapid industrialisation of Uganda.

Section Objectives of the Institute Section The objectives of the Institute are— to undertake applied industrial research ; and to develop and acquire appropriate technology in order to create a strong, effective and competitive sustainable industrial sector for the rapid industrialisation of Uganda.
5
Establishment, objects and functions of the Institute - Functions of the Institute
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The Institute must perform the functions listed, including technology development, research, demonstration plants, equipment design, recovery processes, data banking, technical advice, collaboration, and serving as a production technology reference centre.

Section Functions of the Institute Section For the attainment of its objectives under section 4 , the Institute will perform the following functions— identify and develop appropriate processes and product technologies for the exploitation of natural resources; upgrade and strengthen the existing indigenous technologies through basic and applied research; set up demonstration plants to illustrate the benefits of new technologies; design, develop and adapt machinery, tools, equipment and instruments suitable for rural areas; develop suitable recovery processes and devices to reduce environmental hazards created by agricultural and industrial wastes; maintain a comprehensive data bank in industrial research, technologies, materials and products; facilitate the provision of technical advice to existing enterprises in order to improve their operations; provide research findings to entrepreneurs to assist them in setting up new investment projects; collaborate, affiliate and/or associate with, any body or organisation, whether in Uganda or elsewhere which has objectives similar to those of the Institute ; perform such other functions that may be assigned for the attainment of the Institute ’s objectives under this Act; and serve as a production technology reference centre.

Part III

Board of the Institute

10
Board of the Institute - Committees of the Board
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The Board may appoint committees and co-opt persons; committees appointed may regulate their own procedure subject to Board direction.

Section Committees of the Board Section The Board may, for the efficient performance of its functions— appoint committees consisting of such a number of its members as the Board deems fit; co-opt any person onto any committee appointed under this section. Subject to any direction given by the Board , a committee appointed under this section may regulate its own procedure.
6
Board of the Institute - Board of the Institute
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The Institute's governing body must be a Board as specified in the First Schedule; the Minister must appoint the Chairperson and two private-sector members who must meet integrity and qualification criteria, and the Minister must determine members' terms and conditions by regulations in consultation with the finance ministry.

Section Board of the Institute Section The governing body of the Institute shall be a Board consisting of the members specified in the First Schedule to this Act. The Chairperson, and the two members from the private sector specified in the Schedule shall be appointed by the Minister and shall be persons who in the opinion of the Minister , are persons of high integrity and who qualify to be appointed by virtue of their knowledge, qualifications and experience in industrial research, product development, marketing or other related fields. The Minister shall, in consultation with the Ministry responsible for finance, by regulations, determine the terms and conditions of service of members of the Board .
7
Board of the Institute - Functions, powers and duties of the Board
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Subject to the Act, the Board must direct and supervise the Institute, implement its objectives, manage its property and affairs, and appoint, control, discipline and remove its employees.

Section Functions, powers and duties of the Board Section Subject to the provisions of this Act, the Board shall be responsible for— the general direction and supervision of the Institute ; the implementation of its objectives and performance of its functions; the management of its property, business, income, funds, and any other concerns and affairs; and the appointment, control, discipline and removal from office of its employees.
8
Board of the Institute - Meetings of the Board
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The provisions of the Second Schedule apply to the meetings and proceedings of the Board.

Section Meetings of the Board Section The provisions of the Second Schedule to this Act shall apply to the meetings and proceedings of the Board .
9
Board of the Institute - Tenure of office of members of the Board
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A person must cease to be a member of the Board in specified circumstances (removal, term limits, resignation, infirmity, incompetence, misconduct), and the appointing body or Minister must appoint replacements.

Section Tenure of office of members of the Board Section A person shall cease to be a member of the Board where he or she— is removed by the Minister on the recommendation of the Board on any of the following grounds— Where a person is removed by— is representing a Ministry, Department or Institute and is removed by that Ministry, Department or Institute ; or was appointed by the Minister and has not been reappointed to serve another term; was appointed by the Minister and has served for two consecutive terms of three years each; or tenders in his or her resignation in writing to the appointing authority; inability to discharge the functions of his or her office arising out of infirmity of mind or body; incompetence; or misconduct or misbehaviour; the Ministry, Department or Institute that appointed him or her, that Ministry or Department or Institute shall appoint another person to fill the vacancy; the Minister under paragraph (b) or (c) of subsection (1), the Minister shall appoint another person to be a member in his or her place.

Part IV

Management and staff of the Institute

11
Management and staff of the Institute - Executive Director and Deputy Executive Director
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The Minister must appoint the Executive Director and Deputy Executive Director on contract (on the Board's recommendation); they each hold office for four years; the Minister may renew their contracts on the Board's recommendation; removal, resignation, gross misconduct, inability to discharge functions, or causing financial loss lead to cessation of office; removal under paragraph (b)(iii) may lead to prosecution and loss of terminal benefits.

Section Executive Director and Deputy Executive Director Section The Executive Director or the Deputy Executive Director shall cease to hold office if— he or she is removed from office by the Board for— The Minister shall on the recommendation of the Board appoint on contract the Executive Director and Deputy Executive Director of the Institute . The Executive Director and the Deputy Executive Director shall each hold office for a term of four years on such terms and conditions as the Board may specify in the instrument of appointment. The contracts of the Executive Director or Deputy Executive Director may be renewed by the Minister on the recommendation of the Board . he or she resigns; or gross misconduct; inability to discharge the functions of his or her office; or causing financial loss to the Institute . The Executive Director or the Deputy Executive Director removed from office under paragraph (b) (iii) of subsection (4) shall be liable to prosecution and upon conviction shall lose his or her terminal benefits.
12
Management and staff of the Institute - Functions of the Executive Director and Deputy Executive Director
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Specifies roles: the Executive Director is the chief administrative and accounting officer, responsible for day-to-day operations and to the Board, must keep the Board informed; the Deputy Executive Director deputises for the Executive Director.

Section Functions of the Executive Director and Deputy Executive Director Section The Executive Director shall be the chief administrative officer of the Institute and shall be responsible for the day-to-day operations of the Institute . The Executive Director shall be responsible to the Board . Subject to the provisions of this Act and the general supervision and control of the Board , the Executive Director shall be the accounting officer of the Institute . The Executive Director shall keep the Board informed on the progress and activities of the Institute . The Deputy Executive Director shall deputise the Executive Director in the performance of his or her functions.
13
Management and staff of the Institute - Other staff
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The Board must appoint the other staff of the Institute.

Section Other staff Section The Board shall appoint the other staff of the Institute on such terms and conditions as the Board may determine.

Part V

Financial provisions

14
Financial provisions - Funds of the Institute
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The Institute may invest funds not immediately required for its functions if it has the written approval of the Minister.

Section Funds of the Institute Section The funds of the Institute shall consist of— moneys appropriated each year by Parliament for the purposes of the Institute ; grants and loans from Government or any person, authority or organisation; fees derived from the activities of the Institute ; and any other money that may be received by or made available to the Institute with the approval of the Minister . All moneys of the Institute shall be deposited in a bank approved by the Board and shall not be withdrawn except with the approval of and in the manner determined by the Board . The Institute may, with the written approval of the Minister , invest any of its funds not immediately required for any of its functions.
15
Financial provisions - Borrowing powers
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The Institute may, with prior approval of the Minister, obtain loans and credit facilities; may borrow by overdraft for current obligations; and, subject to article 159 and prior Ministerial approval, loans obtained may be guaranteed by the Government, becoming a charge on the Consolidated Fund.

Section Borrowing powers Section The Institute may, with the prior approval of the Minister , obtain loans and other credit facilities required for meeting its obligations and for carrying out its objects and functions under this Act. The Institute may, borrow by way of overdraft or otherwise any sums required for meeting current obligations of the Institute for discharging its functions. Subject to article 159 of the Constitution, a loan or credit facility obtained by the Institute under this section may, with prior approval of the Minister , be guaranteed by the Government and when so guaranteed, the principal sum and interest of the loan shall be a charge on the Consolidated Fund.
16
Financial provisions - Estimates
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The Institute must prepare and submit annual estimates of income and expenditure to the Minister for approval within three months before each financial year, must submit supplementary estimates when necessary before the end of a financial year, and no expenditure may be made from the Institute's funds unless it is included in approved estimates or supplementary estimates.

Section Estimates Section The Institute shall, within three months before the commencement of each financial year, prepare and submit to the Minister for approval by the Minister responsible for finance, estimates of income and expenditure of the Institute for the next ensuing financial year; and where it becomes necessary at any time before the end of a financial year, prepare and submit to the Minister for similar approval, supplementary estimates for that financial year. No expenditure shall be made out of the funds of the Institute unless that expenditure is part of the expenditure approved under subsection (1) under the estimates for the financial year in which the expenditure is to be made or in any supplementary estimates for that year.
17
Financial provisions - Accounts
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The Board must cause an annual statement of accounts to be prepared within three months after the financial year ends, including a performance report and specified financial statements; the Institute must keep proper books and records. The Minister may give directions and may in writing require additional information.

Section Accounts Section Subject to any directions given by the Minister , the Board shall cause to be prepared in respect of each financial year and not later than three months after the close of the financial year, a statement of accounts which shall include a report on the performance of the Institute during that financial year and the statement shall comprise— The Institute shall keep proper books of accounts of all its income and expenditure and proper records in relation to them. a balance sheet and a statement of income and expenditure of the Institute in respect of that financial year; and any other information in respect of the financial affairs of the Institute as the Minister may in writing require.
18
Financial provisions - Audit
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Requires the Institute's accounts to be audited by the Auditor‑General or an auditor he appoints; the Board must submit accounts for audit within four months after year end; the Auditor‑General has access to records and must audit and deliver audited accounts with a report within two months of receipt; the Board must forward audited accounts and report to the Minister on receipt.

Section Audit Section The accounts of the Institute shall, in respect of each Audit, financial year, be audited by the Auditor-General or by an auditor appointed by the Auditor-General. The Board shall ensure that within four months after the close of each financial year, the statement of accounts described in section 17 of this Act is submitted for auditing under this section. The Auditor-General and any auditor appointed by him or her shall have access to all books of accounts, vouchers and other financial records of the Institute and is entitled to have any information and explanations required by him or her in relation to them as he or she may think fit. The Auditor-General shall, within two months after receipt of the statement of accounts under subsection (2) of this section, audit the accounts and deliver to the Board a copy of the audited accounts together with his or her report on them stating any matter which in his or her opinion should be brought to the attention of the Minister . The Board , shall as soon as possible upon receiving it, deliver to the Minister a copy of the audited accounts together with the auditor’s report under subsection (4) of this section.
19
Financial provisions - Financial year of the Institute
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The financial year of the Institute is the twelve-month period from 1st July to 30th June in the following year, with a special rule for the first financial year.

Section Financial year of the Institute Section The financial year of the Institute shall be the period of twelve months beginning from the 1st day of July and ending on the 30th day of June in the year following; except that the first financial year of the Institute shall be the period commencing with the commencement of this Act and ending with the 30th day of June next following.

Part VI

Miscellaneous

20
Miscellaneous - Protection of Board members and staff from personal liability
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Board members, employees, and other persons acting for the Institute are not personally liable for acts done in good faith without negligence to carry out this Act.

Section Protection of Board members and staff from personal liability Section A Board member, an employee, or other person acting on behalf of the Institute shall not be personally liable for any act done by him or her in good faith without negligence for the purpose of carrying into effect the provisions of this Act.
21
Miscellaneous - Annual Report
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The Board must, within four months after the end of each financial year, submit to the Minister a report of the activities of the Institute in respect of that financial year

Section Annual Report Section The Board shall, within four months after the end of each financial year, submit to the Minister a report of the activities of the Institute in respect of that financial year
22
Miscellaneous - Regulations
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The Minister may, in consultation with the Board and by statutory instrument, make regulations for implementing the Act.

Section Regulations Section The Minister may, in consultation with the Board , by statutory instrument, make regulations generally for the implementation of this Act.
23
Miscellaneous - Common seal of the Institute and executors of the contracts, etc.
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Sets custody and authentication rules for the Institute's common seal and evidence admissibility.

Section Common seal of the Institute and executors of the contracts, etc. Section The common seal of the Institute shall be such device as the Board may determine and shall be kept in the custody of the Executive Director. The common seal of the Institute shall not be affixed on any document except in accordance with a resolution of the Board , and shall be authenticated by the signatures of the Chairperson and the Executive Director. In the absence of the Chairperson, any other Board member shall be designated by the Board to authenticate the common seal in place of the Chairperson. The signatures of the Chairperson, and the Executive Director under this section need not be witnessed by any other person. Every document purporting to be an instrument issued by the Institute and sealed with the common seal of the Institute , authenticated in the manner prescribed in this section shall be received in evidence without further proof as such an instrument duly issued or a contract or instrument duly entered into or executed as the case may be, unless the contrary is proved.
24
Miscellaneous - Service of documents
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A document required to be served on the Institute may be served by delivering it at the office of the Executive Director.

Section Service of documents Section Without prejudice to any other law relating to the service of documents, a document required to be served on the Institute may be served by delivering it at the office of the Executive Director.
25
Miscellaneous - Amendment of Schedule
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The Minister may, in consultation with the Board, by statutory instrument, amend the Schedules to this Act.

Section Amendment of Schedule Section The Minister may, in consultation with the Board , by statutory instrument, amend the Schedules to this Act.

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