National Population Council Act, 2014

The Act comes into force three months after publication in the Gazette.

Jurisdiction: Uganda
Instrument: Act or statute
Citation: Act 8 of 2014
Version: 8 Aug 2014
Language: en
Official source: View official record ↗

Source attribution: Source: Uganda Legal Information Institute

Statute overview

About this statute

The Act comes into force three months after publication in the Gazette. Defines key terms used in the Act: "Council", "currency point", "Director General", "Minister" and "Population Secretariat". The Council may appoint ad hoc committees; committees must have a chairperson who is a Council member; the Council must set members' terms in writing; members may be paid allowances with Ministerial written approval; committees may regulate their own procedure subject to Council directions. Establishes the National Population Council as a corporate body and grants the Council power to acquire and dispose of property, to sue and be sued, and to do all lawful acts for discharging its functions under the Act. The provision sets the composition and certain appointment and administrative duties for the National Population Council: the Minister shall appoint the Chairperson, Vice Chairperson and two members (on terms determined by the President); the President must consider candidates' knowledge and ability; and the Director General has ex officio, secretarial and minute-keeping duties.

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Legal text

Provisions of National Population Council Act, 2014

Showing 30 of 30

Part I

Preliminary

1
Preliminary - Commencement
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The Act comes into force three months after publication in the Gazette.

Section Commencement Section This Act shall come into force three months after publication in the Gazette .
2
Preliminary - Interpretation
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Defines key terms used in the Act: "Council", "currency point", "Director General", "Minister" and "Population Secretariat".

Section Interpretation Section In this Act, unless the context otherwise requires— " Council " means the National Population Council established by section 3 ; " currency point " means the value assigned to a currency point in Schedule 1; " Director General " means the Director General of the Council appointed under section 14 ; " Minister " means the Minister responsible for planning and economic development; " Population Secretariat " or "Secretariat" means the National Population Council Secretariat established under section 11 .

Part II

National Population Council

10
National Population Council - Committees of the Council
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The Council may appoint ad hoc committees; committees must have a chairperson who is a Council member; the Council must set members' terms in writing; members may be paid allowances with Ministerial written approval; committees may regulate their own procedure subject to Council directions.

Section Committees of the Council Section The Council may appoint Adhoc Committees to advise it on any matter concerning the functions of the Council . A Committee appointed under subsection (1) shall consist of a Chairperson who shall be a member of the Council and such other persons, whether members of the Council or not, as the Council may determine. The Council shall in writing, specify the terms and conditions of service of the members of the Committee. Members of a Committee appointed under this section may be paid such allowances as the Council may, with the written approval of the Minister , determine. Subject to any direction given by the Council , a Committee appointed under this section may regulate its own procedure.
3
National Population Council - Establishment of the Council
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Establishes the National Population Council as a corporate body and grants the Council power to acquire and dispose of property, to sue and be sued, and to do all lawful acts for discharging its functions under the Act.

Section Establishment of the Council Section The Council is a body corporate with perpetual succession, a common seal and may, for the discharge of its functions under this Act— There is established the National Population Council . acquire, hold and dispose of moveable and immoveable property; sue and be sued in its corporate name; and do all acts and things as a body corporate may lawfully do.
4
National Population Council - Composition of the Council
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The provision sets the composition and certain appointment and administrative duties for the National Population Council: the Minister shall appoint the Chairperson, Vice Chairperson and two members (on terms determined by the President); the President must consider candidates' knowledge and ability; and the Director General has ex officio, secretarial and minute-keeping duties.

Section Composition of the Council Section The National Population Council is composed of the following— one representative, at level of Commissioner or its equivalent, from; The Director General shall be— the Chairperson; the Vice Chairperson; two members, one of whom shall be a person with disabilities; the Permanent Secretary of the Ministry responsible for finance; the Uganda National Bureau of statistics; the National Planning Authority; the National Council of Higher Education; the Immigration and Citizen Board; the Equal Opportunities Commission; the Ministry responsible for Health; one representative from the civil society organizations; and The Director General . The Chairperson and Vice Chairperson and the two members referred to in subsection 1(c) shall be appointed by the Minister on such terms and conditions as may be determined by the President. The President shall in appointing the persons in subsection (2) have regard to the knowledge of the persons and their ability to contribute to the work of the Council . an ex officio member of the Council ; act as Secretary to Council ; and arrange the business for and cause to be recorded and kept the minutes of the meetings of the Council .
5
National Population Council - Tenure of the Council
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Members appointed under section 4(2) serve five-year terms, may be reappointed once; members may resign in writing to the President; the President may remove members for specified grounds; Chairperson must notify the Minister of vacancies and the Minister must appoint replacements for unexpired terms.

Section Tenure of the Council Section A member of the Council may be removed from office by the President— A member of the Council appointed under section 4 (2) shall hold office for five years and is eligible for reappointment for one term only. A member of the Council may, at any time, resign his or her office in writing addressed to the President. for inability to perform the functions required of him/her arising from infirmity of body or mind; for misbehavior or misconduct; for conflict of interest; for incompetence; if a member is convicted of a crime by a competent court involving dishonesty or moral turpitude; or if the member is absent without prior permission of the Chairperson, or without reasonable cause to the satisfaction of the Minister , for more than four consecutive meetings of the Council , or is absent from Uganda for more than twelve consecutive months. Where a member of the Council resigns, dies, or is removed from office, ceases to be a member of the institution or body which he or she represents on the Council , the Chairperson shall notify the Minister of the vacancy and the Minister shall appoint another person to hold the office for the unexpired portion of the member’s term of office.
6
National Population Council - Remuneration of Council members
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The Minister must determine Council members' remuneration and allowances.

Section Remuneration of Council members Section The Minister shall determine the remuneration and allowances of the members of the Council .
7
National Population Council - Functions of the Council
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The Council must formulate policies to direct implementation of the National Population Policy objectives; cooperate with government bodies and civil society to carry out its functions; advise the President on population matters; and promote the National Population Policy and set up a National Population Databank.

Section Functions of the Council Section The Council shall— The main function of the Council is to formulate policies to give strategic direction on the implementation of the objectives of the National Population Policy. The Council shall, to the greatest extent possible, cooperate with Government, line Ministries, Local Governments, institutions and civil society organisations in carrying out its functions under this Act. advise the President on population matters; and promote and popularize the National Population Policy and set up a National Population Databank.
8
National Population Council - Official seal of the Council
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The Council sets the form of its official seal; the seal must be authenticated by the Director General and one other authorized member (or by the acting Director General if the Director General is absent); certain instruments not requiring a seal may be executed on behalf of the Council by the Director General, an authorised member, or another person authorised by resolution.

Section Official seal of the Council Section 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 Council by— The official seal of the Council shall be in a form determined by the Council . The official seal shall, when affixed to a document, be authenticated by the signatures of the Director General and one other member authorized of the Council and in the absence of the Director General , the person performing the functions of the Director General shall sign. the Director General ; or any member of the Council or any other person if that member of the Council or other person has been duly authorised by resolution of the Council to execute or enter into the instrument or contract as the case may be. Every document purporting to be an instrument or contract executed or issued by or on behalf of the Council in accordance with this section shall be deemed to be so executed or issued until the contrary is proved.
9
National Population Council - Meetings of the Council
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Schedule 2 to the Act applies to meetings of the Council and other matters specified in that Schedule.

Section Meetings of the Council Section Schedule 2 to this Act shall have effect so far as meetings of the Council and other matters specified in that Schedule are concerned.

Part III

The National Population Council Secretariat

11
The National Population Council Secretariat - The National Population Secretariat
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Establishes the National Population Secretariat, referred to in the Act as the Population Secretariat.

Section The National Population Secretariat Section There is established a National Population Secretariat , in this Act, referred to as the Population Secretariat .
12
The National Population Council Secretariat - Continuance in existence of the Population Secretariat
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The Population Secretariat that existed immediately before this Act continues as the National Population Council Secretariat and the Secretariat shall be under the supervision of the Council.

Section Continuance in existence of the Population Secretariat Section The Population Secretariat in existence immediately before the commencement of this Act is continued in existence as the Secretariat of the Council , to be known as the National Population Council Secretariat, subject to the provisions of this Act. The Secretariat shall be under the supervision of the Council .
13
The National Population Council Secretariat - Functions of Population Secretariat
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The Population Secretariat is assigned a set of functions including implementing Council policy decisions, advocacy, promoting integration of population factors in planning, coordinating the National Population Policy, research, publication, partnerships, monitoring and other activities.

Section Functions of Population Secretariat Section Notwithstanding the general function under sub section (1), the Population Secretariat shall carry out the following specific functions— The Population Secretariat shall be responsible for the implementation of the policy decisions of the Council . play an advocacy role for population issues in Uganda; promote the integration of population factors in development planning at the national and lower levels in accordance with the agreed framework under the National Development Plan; promote, guide and coordinate the implementation of the National Population Policy and program in accordance with the agreed framework under the National Development Plan; interpret, review and recommend appropriate changes in the National Population Policy; popularize the National Population Policy; regularly develop population sector plans; analyse, interpret and document demographic trends including fertility, mortality, urbanization and migration and their implications on socio economic development; align the population policy and programs with population related national policies, other national planning frameworks as well as international instruments; provide guidelines for preparation and review of population profiles and plans of action at national and lower levels in accordance with the agreed framework under the National Development Plan; build capacity at Central and Local Government levels for the implementation of the population programme; mobilize resources to support population programmes; commission research and policy oriented studies to inform policy and programming; publish and disseminate the Annual Population Report, other population publications, reports and newsletters; promote collaboration and strategic partnership for population and development within Government agencies, civil society organizations, private sector, cultural and religious institutions at various levels; establish strategic partnerships with development partners; monitor and evaluate the country population program in accordance with the agreed framework under the National Development Plan; and undertake any other relevant activities.
14
The National Population Council Secretariat - Director General
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The President appoints a Director General; the Director General is the Council's Secretary and accounting officer, must have high moral character and relevant qualifications, and ceases to hold office for listed reasons including resignation, bankruptcy, professional disqualification, conviction for dishonesty, or removal by the President on the Minister's recommendation.

Section Director General Section the Director General shall cease to hold office if— There shall be a Director General appointed by the President on the advice of the Minister , on such terms and conditions as may be specified in his or her instrument of appointment. The Director General shall be the Secretary to the Council and the accounting officer of the Council . The Director General shall be a person of high moral character and proven integrity, with the relevant qualifications and experience relating to the functions of the Council . he or she resigns; he or she is declared bankrupt by a competent court or suspends payment or compound with his or her creditors; in the case of a person having professional qualifications, he or she is disqualified or suspended from practicing his or her profession by a competent Authority or ceases to be a member of the relevant profession; he or she is convicted by a competent court of a crime involving dishonest or moral turpitude; he or she is removes from office by the President on the recommendation of the Minister for inability to perform the functions of his or her office arising out of physical or mental incapacity or incompetence.
15
The National Population Council Secretariat - Functions of Director General
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The Director General is the Secretariat's Chief Executive and is responsible for day-to-day management, funds, property, business, staff administration, must keep the Council informed, is answerable to the Council, and may delegate duties in writing.

Section Functions of Director General Section The Director General shall be the Chief Executive of the Secretariat and shall be responsible for the day-to-day management and operations of the Secretariat. The Director General shall be responsible for the management of the funds, property and business of the Council and for the administration and control of the staff of the Council . The Director General shall, from time to time, keep the Council informed of the progress and activities of the Secretariat. The Director General is, in the performance of his or her functions answerable to the Council . The Director General may, in writing, delegate any of the above duties to any other Staff of Board.
16
The National Population Council Secretariat - Officers and staff of the Council
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The Council must have officers and staff needed to perform its functions; it appoints employees (except the Director General), may set their terms with the Minister's approval, and must regulate appointment procedures, terms and discipline.

Section Officers and staff of the Council Section The Council shall have such officers and staff as may be necessary for the efficient performance of its functions. The employees of the Council other than the Director General , shall be appointed by the Council on such terms and conditions as the Council may, with the approval of the Minister determine. The Council shall regulate the manner of appointment, terms and conditions of service and the discipline of officers and staff appointed under sub section (2).

Part IV

Financial provisions

17
Financial provisions - Funds of the Council
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The funds of the Council consist of money appropriated by Parliament for the Council and grants, gifts or donations from the Government or other sources made with the approval of the Minister and the Minister responsible for finance.

Section Funds of the Council Section The funds of the Council shall consist of— money appropriated by Parliament for the purposes of the Council ; and grants, gifts or donations from the Government or other sources made with the approval of the Minister and the Minister responsible for finance.
18
Financial provisions - Power to open and operate bank accounts
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The Council must open and maintain bank accounts necessary for its functions and the Secretariat; the Director General must ensure money received for the Council is banked as soon as practicable.

Section Power to open and operate bank accounts Section The Council shall open and maintain such bank accounts as are necessary for the performance of its functions and the functions of the Secretariat in accordance with the Public Finance and Accountability Act, 2003. The Director General shall ensure that all money received by or on behalf of the Council is banked as soon as practicable after being received.
19
Financial provisions - Borrowing powers
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The Council may borrow money with ministerial approval and may charge Council assets to repay loans with the Minister's prior approval for that borrowing.

Section Borrowing powers Section The Council 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 Council under this Act. The Council may, with the prior approval of the Minister for the purpose of any borrowing under subsection (1), charge any asset or property of the Council with the repayment of any money borrowed under subsection (1).
20
Financial provisions - Investment of surplus funds
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Any funds of the Council not immediately required for any purpose under this Act may be invested; the Council may determine the manner of investment with the approval of the Minister after consultation with the Minister responsible for finance.

Section Investment of surplus funds Section Any funds of the Council not immediately required for any purpose under this Act may be invested in a manner, which the Council may, with the approval of the Minister , after consultation with the Minister responsible for finance, determine.
21
Financial provisions - Estimates
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The Director General must prepare and submit to the Council, within three months before the end of each financial year, the Council's estimates of income and expenditure for the next financial year; the Council must, within two months of receiving those estimates, submit them to the Minister for approval.

Section Estimates Section The Director General shall, within three months before the end of each financial year, cause to be prepared and submitted to the Council for its approval, estimates of the income and expenditure of the Council for the next financial year. The Council 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 Council .
22
Financial provisions - Accounts
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The Director General must prepare and submit annual statements of accounts to the Minister and the Minister responsible for finance (within three months after the financial year ends) and must keep proper books of accounts and records of the Council's transactions.

Section Accounts Section Subject to any direction given by the Minister , the Director General 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— The Director General shall cause to be kept, proper books of accounts and records of the transactions of the Council . a balance sheet, an income and expenditure account and a source and application of funds statement; and any other information in respect of the financial affairs of the Council as the Minister responsible for finance may, in writing, require.
23
Financial provisions - Audit
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The Auditor General or an appointed auditor must audit the Council's accounts each financial year; the Director General must ensure the year's statement of accounts is submitted for audit within four months after year end; auditors have access to records and are entitled to information and explanations.

Section Audit Section The Auditor General or an auditor appointed by the Auditor General shall, in each financial year, audit the accounts of the Council . The Director General shall ensure that within four months after the end of each financial year, a statement of accounts described in section 22 (2) is submitted for auditing to the Auditor-General or an auditor appointed by the Auditor General. The Auditor General or any auditor appointed by the Auditor General shall have access to all books of accounts, vouchers and other records of the Council and is entitled to any information and explanation required in relation to those records.

Part V

Miscellaneous

24
Miscellaneous - Protection of members and staff of the Council from liability
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Members, employees and persons acting under the Council's directions are not personally liable for acts or omissions done in good faith while performing Council functions.

Section Protection of members and staff of the Council from liability Section A member of the Council or an employee of the Council or a person acting on the directions of the Council 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 Council .
25
Miscellaneous - Consultants
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The Council may engage consultants to serve as individual experts, advisers, or members of a Council Committee to help discharge its functions.

Section Consultants Section The Council may engage consultants to serve as individual experts or advisers or as members of a Committee of the Council established under section 10 , as may be useful and appropriate for the Council to discharge its functions.
26
Miscellaneous - Service of documents
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A notice or document may be served on the Council by delivering it at the office of the Director General or by sending it by pre‑paid registered post to the Director General.

Section Service of documents Section A notice or document may be served on the Council by delivering it at the office of the Director General , or by sending it by pre-paid registered post to the Director General .
27
Miscellaneous - Regulations
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The Minister may, on the recommendation of the Council, make regulations by statutory instrument to carry the Act into effect and may make regulations about the size, membership and scope of adhoc committees under section 10.

Section Regulations Section The Minister may, on the recommendation of the Council , by statutory instrument, make regulations generally for the better carrying into effect of the provisions of this Act. Without prejudice to the general effect of subsection (1) the Minister may on the recommendation of the Council , make regulations for the provision of the size, membership and scope of work of adhoc committees under section 10 .
28
Miscellaneous - Amendment of Schedule
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The Minister may, by statutory instrument, with the approval of Cabinet amend Schedule 1 to this Act.

Section Amendment of Schedule Section The Minister may, by statutory instrument, with the approval of Cabinet amend Schedule 1 to this Act.

Part VI

Transitional provisions

29
Transitional provisions - Transfer of assets and liabilities
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On commencement of the Act, all property and assets that were vested in the Population Secretariat before commencement become vested in the Council, subject to existing interests, liabilities, obligations and trusts.

Section Transfer of assets and liabilities Section All property and assets vested in the Population Secretariat before the commencement of this Act shall, on the commencement of this Act, be vested in the Council subject to all interests, liabilities, obligations and trusts affecting the property.
30
Transitional provisions - Employees of the Population Secretariat
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Employees of the Population Secretariat employed immediately before commencement shall continue in the employment of the Council; pension rights under the Pensions Act for those persons are unaffected.

Section Employees of the Population Secretariat Section On the commencement of this Act— all persons who were employed in the Population Secretariat immediately before the commencement of this Act, shall continue in the employment of the Council ; the terms and conditions, including the salary, on which a person referred to in paragraph (a) was employed immediately before the commencement of this Act, shall be no less favourable than those that applied to that person’s office immediately before the commencement of this Act; and there shall be no break or interruption in the employment of those persons because of this Act. Subject to subsection (l)(b), the terms and conditions of any employment referred to in sub section (1) may be varied after the commencement of this Act. Nothing in this Act affects the pension rights under the Pensions Act of any person referred to in subsection (1).

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