Non-Governmental Organisations Act

States the object of the Act: to establish an administrative and regulatory framework for organisations and to promote governance, transparency, cooperation, capacity strengthening, self‑regulation, an enabling environment, a strengthened Bureau, and a voluntary, non‑partisan charity culture relevant to Uganda.

This section provides definitions of terms used in the Act (for example, Board, Bureau, Community Based Organisation, permit, register and others).

Establishes the National Bureau for Non-Governmental Organisations named "The Bureau", grants it corporate status and seal, gives it power to sue and be sued, and permits it to acquire and manage property, enter contracts, and do other lawful acts in connection with its functions under the Act.

The Bureau's functions include advising the Minister, issuing policy guidelines and monitoring arrangements, establishing branch offices, recommending on employment of non-citizens and tax exemptions, coordinating consultative platforms, maintaining a register, considering permits, and performing other functions directed by the Minister.

The Bureau has powers to summon, discipline and take specified actions against organisations, and must give an organisation an opportunity to be heard before taking action.

The Bureau must have a common seal kept in the custody of the Executive Director; the affixing of that seal must be authenticated by the signature of the Executive Director.

Board meetings must be conducted in accordance with Schedule 2 to this Act.

The chairperson, vice chairperson and members of the Board are entitled to be paid such remuneration as the Minister may determine in consultation with the Minister responsible for finance.

The Bureau is governed by a board of directors whose members are appointed by the Minister with Cabinet approval; members must meet specified qualifications and composition requirements; the Minister may remove or replace members on listed grounds.

A member of the Board must hold office for three years and may be re-appointed for one further term.

The Board must perform specified governance functions for the Bureau, including oversight, approving plans and budgets, appointing staff, and setting personnel and financial procedures.

The Board may establish committees and subcommittees; committees may include Board members or staff; the Board may assign functions to them with conditions; committee decisions require Board confirmation before implementation; committee members must disclose conflicts of interest.

The Board must prescribe the procedure of committees or subcommittees established under section 12, except as expressly provided under this Act.

Defines "self-regulatory body" and "self-regulatory mechanism" for the Part.

Two or more organisations may form a self-regulatory body; a self-regulatory body must be registered with the Bureau, must have its code of conduct adopted by a special meeting attended by not less than three quarters of voting members present, and must adopt its own structure, rules and procedures for administration.

A self-regulatory body that has established a self-regulatory mechanism must inform the Bureau of its existence and mode of operations.

Organisations (including Community Based Organisations) must prepare accounting records and financial statements and submit specified annual returns, reports, estimates and information to the Bureau and local monitoring committees as required.

The Executive Director is to be appointed by the Minister on the recommendation of the Board for four years (eligible for one re-appointment) and must be of high moral character with specified qualifications; the Executive Director is the chief executive responsible for multiple functions and is an ex‑officio Board member; the Minister may remove the Executive Director on the Board's recommendation for listed grounds.

The Secretary to the Bureau must perform functions directed by the Executive Director; is appointed by the Board for four years (eligible for one re-appointment); must act as Principal Legal Adviser; arrange Board meeting business, take minutes, keep records; report to the Executive Director; and possess relevant professional qualifications.

The Board may employ officers and employees, set their terms, pay salaries and retirement benefits, require pension contributions, accept seconded public officers, and delegate powers.

Branch offices of the Bureau must supervise District Monitoring Committees, maintain a regional register of registered organisations and CBOs, and perform any other functions the Bureau deems fit to give effect to the Act.

Establishes a District Monitoring Committee in each district, specifies its membership and functions, allows the committee to co-opt technical officers, and requires community based organisations to register with the District Monitoring Committees.

Creates a Subcounty Monitoring Committee, lists its membership (Senior Assistant Secretary as Chairperson; Subcounty Community Development Officer as Secretary; subcounty health inspector; Gombolola Internal Security Officer (GISO); and a representative of organisations) and enumerates the committee’s functions including recommending CBOs for registration, advising the District Monitoring Committee, providing guidelines to CBOs, monitoring and reporting on organisations, and performing other functions the Bureau deems necessary.

All non-tax revenue raised by the Bureau must be remitted to the Consolidated Fund; the Bureau must comply at all times with the Public Finance Management Act.

The Executive Director must prepare and submit the Bureau's estimates for the next financial year to the Board within three months before year-end; the Board must submit the Board‑approved income and expenditure estimates to Parliament within two months of receipt.

The Bureau must, with the authority of the Accountant General, open and maintain bank accounts necessary to perform its functions.

The Bureau's financial year is the twelve-month period from 1 July to 30 June of the following year.

The Board must prepare and submit each financial year's statement of accounts; the Executive Director must keep proper books and records of the Bureau's transactions.

The Auditor General (or an appointed auditor) must audit the Bureau's accounts annually; the Bureau must submit accounts for audit within four months after year-end; the Auditor General has access to records and is entitled to information; the Auditor General must deliver audited accounts and a report within four months of receipt.

The Board must submit the Bureau's annual report to the Minister within three months after the end of each financial year; the Minister must submit that report to Cabinet within one month of receipt.

Persons or groups incorporated as organisations must register with the Bureau; the Bureau must register organisations upon compliance with subsection (2); registered organisations remain registered until deregistration, cancellation or winding up.

An organisation must not be registered under the Act if its objectives contravene Ugandan law, the application fails to comply with the Act's requirements, or the applicant gave false or misleading material information; if the Bureau refuses registration it must inform the applicant in writing of the reasons within thirty days.

Organisations must apply to the Bureau and may not operate in Uganda without a valid permit; the Bureau must (within forty-five days) issue permits and may issue them for up to five years; applications must be in the form prescribed by the Minister and accompanied by the prescribed fee.

Organisations must apply to renew their permit within six months before expiry; renewals must comply with section 29(4); the Bureau renews if satisfied; organisations changing conditions must apply for review; operating after expiry without renewal incurs monthly fines.

The Bureau may revoke an organisation's permit for failing to follow its constitution or permit conditions; before revoking it must give written notice and request the permit holder to show cause within thirty days, must inform the holder of reasons if it revokes, and the organisation may re-apply subject to grant conditions.

Organisations incorporated outside Uganda that intend to operate in Uganda must apply to the Bureau for registration and a permit, submitting the prescribed fee and certified incorporation and constitutional documents; the Bureau may register and issue a permit subject to subsection (2).

The Minister may exempt an organisation in an emergency (with Bureau consultation) and must issue a provisional permit for up to six months; exemptions do not include payment of prescribed fees.

Persons or organisations who fail to produce required documents, give false or incomplete information, operate contrary to permit conditions, or engage in prohibited activities commit an offence and on conviction face a fine up to seventy-two currency points, or imprisonment up to three years, or both; continuing offences may incur a further fine up to fifteen currency points per day.

Inspectors may enter and inspect organisations at reasonable times, request information, investigate and (subject to the DPP) prosecute; the Bureau may designate inspectors who must be published in the Gazette; inspections require at least three days' prior notice and 'reasonable time' is 8:00a.m.–5:00p.m. on working days; certain refusals, false statements or denial of access are prohibited.

A member of the Board, an officer or an employee of the Bureau or a person acting on the directions of the Bureau is not personally liable for acts or omissions done in good faith in the exercise of the functions of the Bureau.

All ministries, departments and government agencies must provide the Bureau with all necessary assistance to give full effect to the Act.

An organisation must obtain local approvals and sign MOUs before operating in an area, must limit and coordinate its operations with local authorities, must not engage in acts prejudicial to Uganda or in partisan political fundraising or candidate support, and must have MOUs with donors and partners.

An organisation must comply with staffing requirements when applying for registration, including submitting an organisational chart to the Bureau, specifying foreign staff needs and replacement periods, verifying foreign employee documents and clearance, complying with labour laws, and providing comparable remuneration for Ugandan employees.

Organisations must not be used for members' private gain; they must open bank accounts (including a foreign currency account when receiving foreign currency), set prices in conformity with government or prevailing market prices (except for fundraising), and reinvest surplus sales proceeds into the project or as directed.

Affiliated organisations must be registered under this Act before operating in Uganda; otherwise they may not operate.

An organisation may be dissolved either voluntarily or by court order.

When an organisation passes a resolution for voluntary dissolution, it must inform the Bureau and publish the resolution, register it with the Bureau and send a copy to the Official Receiver within specified days, and prepare and submit a statement of affairs; default by the organisation or officers is an offence punishable by a fine not exceeding thirty currency points.

Any person, organisation or Bureau may apply to the High Court for an order dissolving an organisation; the High Court has jurisdiction and must investigate complaints and dissolve organisations found guilty of listed grounds.

An organisation resolving to dissolve must prepare and submit a scheme of arrangement for its assets and liabilities, give a copy to the Bureau, and the Official Receiver has powers to vary and must oversee disposal; members must apply to the High Court for dissolution if requirements are met.

A person aggrieved by decisions may appeal: from Subcounty Monitoring Committee decisions to the District Monitoring Committee, and from District Monitoring Committee decisions to the Bureau; and where the District Monitoring Committee or Bureau decides against an organisation it must inform the organisation in writing of the reason.

Establishes an Adjudication Committee, sets its membership qualifications, empowers the committee to review Bureau decisions on complaints or appeals, requires the Minister to appoint members and publish rules, and allows dissatisfied persons to appeal to the High Court.

The Minister may give written instructions to the Bureau, and the Bureau must comply with them.

The Minister may amend Schedule 1 to this Act by statutory instrument with Cabinet approval.

The Minister may, after consultation with the Bureau, make regulations to give effect to this Act.