Uganda Air Cargo Corporation Act
This section provides definitions of terms used in the Act, including "air transport services", "board", "chairperson", "corporation", "director", "financial year", "general manager", "Minister" and "secretary".
- Jurisdiction
- Uganda
- Instrument
- Act or statute
- Citation
- Chapter 322
- Version
- Undated source snapshot
- Language
- en
Source attribution: Source: Uganda Legal Information Institute
Statute overview
About this statute
This section provides definitions of terms used in the Act, including "air transport services", "board", "chairperson", "corporation", "director", "financial year", "general manager", "Minister" and "secretary". Establishes the Uganda Air Cargo Corporation and states it is a body corporate with perpetual succession and a common seal; it may sue and be sued in its corporate name. The corporation may, in connection with its objects and functions, borrow money; acquire, manage and dispose of property; enter into contracts; charge for services; and do other acts lawful for a body corporate. The corporation must establish, provide, develop and operate safe, efficient, adequate, economical and properly coordinated air transport services. The corporation must establish and operate air transport services (freight, passenger, chartered flights, mail), provide flight training, and perform related necessary activities.
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Provisions of Uganda Air Cargo Corporation Act
Showing 19 of 19
Part I
Interpretation
- 1
Interpretation - Interpretation
This section provides definitions of terms used in the Act, including "air transport services", "board", "chairperson", "corporation", "director", "financial year", "general manager", "Minister" and "secretary".
Section Interpretation Section In this Act, unless the context otherwise requires— " air transport services " means the services specified under section 5 ; " board " means the board of directors established under section 6 ; " chairperson " means the chairperson of the board appointed under section 6 ; " corporation " means the Uganda Air Cargo Corporation established under section 2 ; " director " means a director of the board and includes the chairperson ; " financial year " means for any accounting period a period of twelve months ending on the 30th June; " general manager " means the general manager of the corporation appointed under section 8 (1); " Minister " means the Minister responsible for defence; " secretary " means the secretary to the corporation appointed under section 9 (1).
Part II
Establishment, powers, objects and functions of the corporation
- 2
Establishment, powers, objects and functions of the corporation - Establishment of the corporation
Establishes the Uganda Air Cargo Corporation and states it is a body corporate with perpetual succession and a common seal; it may sue and be sued in its corporate name.
Section Establishment of the corporation Section There is established a corporation to be known as the Uganda Air Cargo Corporation. The corporation shall be a body corporate, shall have perpetual succession and a common seal and may sue and be sued in its corporate name. - 3
Establishment, powers, objects and functions of the corporation - Powers of the corporation
The corporation may, in connection with its objects and functions, borrow money; acquire, manage and dispose of property; enter into contracts; charge for services; and do other acts lawful for a body corporate.
Section Powers of the corporation Section The corporation may, for and in connection with its objects and functions under this Act, borrow money, 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 charge for services provided by it and may do any other act or thing as in law may be done by a body corporate. - 4
Establishment, powers, objects and functions of the corporation - Objects of the corporation
The corporation must establish, provide, develop and operate safe, efficient, adequate, economical and properly coordinated air transport services.
Section Objects of the corporation Section The objects of the corporation are to establish, provide, develop and operate safe, efficient, adequate, economical and properly coordinated air transport services . - 5
Establishment, powers, objects and functions of the corporation - Functions of the corporation
The corporation must establish and operate air transport services (freight, passenger, chartered flights, mail), provide flight training, and perform related necessary activities.
Section Functions of the corporation Section The functions of the corporation shall be— to establish and operate air transport services within or outside Uganda relating to— air freight services; air passenger services; air passenger chartered flights services; air mail services; to give instructions and provide for training in the flying and use of aeroplanes; to do anything connected with, or necessary in the performance of, the above functions.
Part III
The board of directors
- 6
The board of directors - Board of directors
Establishes a board of directors appointed by the Minister (5–9 members) and sets term, reappointment, vacancy and appointment powers.
Section Board of directors Section A member of the board shall vacate office by either— There shall be a board of directors of the corporation which shall be its governing body and shall consist of not less than five and not more than nine members appointed by the Minister on such terms and conditions as he or she may determine and specify in the instruments of appointment. The Minister shall appoint the chairperson of the board from members appointed under subsection (1). A member of the board shall hold office for a term of two years and shall be eligible for reappointment for not more than three consecutive terms. The members appointed under subsection (1) shall be prominent and capable persons who qualify for that appointment by virtue of their experience in air services management, commerce, finance, public administration or in matters relating to economic planning and development. resignation; or removal from office by the Minister . If the office of a member of the board becomes vacant before the expiration of his or her term of office, the Minister may appoint another person to hold office in his or her place. A person appointed under subsection (6) shall cease to hold office on the date on which the person in whose place he or she holds office would have ceased to hold office. The Schedule to this Act shall apply to the custody and application of the corporation seal and to the meetings of the board ; and the Minister may, by statutory instrument, amend the Schedule. - 7
The board of directors - Functions of the board
The board has specified functions including policy formulation, setting performance targets, appraising management, appointing and disciplining staff, determining structure and staffing, and performing related functions as directed by the Minister.
Section Functions of the board Section The functions of the board shall be— to formulate and review the policy of the corporation ; to set targets for the annual performance of the corporation ; to appraise and evaluate the performance of the management of the corporation ; to appoint and discipline members of the staff of the corporation ; to determine the organisational structure and staffing of the corporation ; and to perform any other function relating to the above as the Minister may direct.
Part IV
Staff of the corporation
- 10
Staff of the corporation - Other staff
The board may determine heads of departments and other officers and employees; the board may, with the approval of the Minister, fix remuneration, grant pensions, gratuities or other retirement benefits and require contributions to pension or provident funds.
Section Other staff Section There shall be heads of departments and such other officers and employees of the corporation as the board may determine. The board may, on such terms and conditions it deems fit and with the approval of the Minister , fix remuneration, grant pensions, gratuities or other benefits on retirement or termination of service of the officers and employees of the corporation and may require them to contribute to any pension, provident fund or superannuation scheme. - 11
Staff of the corporation - Protection of officers against civil liability
Officers and employees of the corporation are protected from civil liability for acts done bona fide to put the Act into effect.
Section Protection of officers against civil liability Section Nothing done by an officer or employee of the corporation shall, if done bona fide for the purpose of putting this Act into effect, subject him or her to civil liability. - 12
Staff of the corporation - Duties of Ministries, departments and parastatals to cooperate
Ministries, departments and parastatals must consult with and provide information to the corporation, subject to the corporation's functions and any law.
Section Duties of Ministries, departments and parastatals to cooperate Section Every Ministry, department or parastatal shall, to the greatest possible extent consistent with the corporation ’s functions under this Act, afford the corporation all reasonable opportunity for consultation and shall, subject to any law, provide the corporation with such information as the corporation may require. - 8
Staff of the corporation - General manager
Establishes a general manager appointed by the Minister (on the board's recommendation) who is chief executive, responsible for daily operations and management of funds, property, business and staff, entitled to attend board meetings without a vote, must report in writing from time to time, and may be directed by the Minister or board to submit reports.
Section General manager Section There shall be a general manager of the corporation appointed by the Minister on the recommendation of the board and on such terms and conditions as the Minister may determine. The general manager shall be the chief executive of the corporation and shall be responsible for the day-to-day operations of the corporation . Subject to this Act and the general supervision and control of the board , the general manager shall be responsible for the management of the funds, property and business of the corporation and for the administration, organisation and control of the staff of the corporation . The general manager shall be entitled to attend and participate in all the meetings of the board but shall not have a voting right. The general manager shall, from time to time, in writing, keep the Minister and the board informed of the progress of the corporation ’s business. The Minister or the board may, from time to time, in writing, direct the general manager to submit a report on any matter affecting the affairs of the corporation . - 9
Staff of the corporation - Corporation secretary
The corporation must have a secretary appointed by the board; the secretary must custody the corporate seal, take minutes, keep transaction records, and (unless the board directs otherwise) report to the general manager.
Section Corporation secretary Section In addition to any other functions that may be conferred upon him or her by the board , the secretary shall have the custody of the seal of the corporation and be responsible for— The corporation shall have a secretary who shall be appointed by the board on such terms and conditions as the board may determine and specify in the instrument of appointment. the taking of the minutes of the meetings of the board ; and the keeping of the records of all transactions of the corporation . In the performance of his or her functions under this Act, the secretary shall, except where the board otherwise directs, be responsible to the general manager .
Part V
Financial and related provisions
- 13
Financial and related provisions - Funds of the corporation
The corporation's funds shall consist of: money appropriated by Parliament; monies received for goods or services provided under the Act; monies borrowed by the corporation; and any other monies received or made available to the corporation for performing its functions under the Act.
Section Funds of the corporation Section The funds available for the purpose of enabling the corporation to perform its functions under this Act shall consist of— money from time to time appropriated by Parliament for that purpose; all monies received by the corporation for goods or services provided under the authority of this Act; all monies borrowed by the corporation ; any such other monies received by, or made available to, the corporation for the purposes of performing its functions under this Act. - 14
Financial and related provisions - Duty of the corporation to operate on commercial principles
The corporation must operate on commercial principles, make its revenue cover expenditure, charge fees or commissions to cover expenditure, and provide for losses and depreciation.
Section Duty of the corporation to operate on commercial principles Section The corporation shall— perform its functions in accordance with commercial principles and shall ensure as far as possible that its revenue is sufficient to meet expenditure properly chargeable to revenue; determine and charge a fee or commission for the provision of its services to enable it to cover its expenditure; and ensure that sufficient provision is made to provide for losses and depreciation of assets. - 15
Financial and related provisions - Estimates
The general manager must prepare and submit yearly income and expenditure estimates to the board at least three months before the end of each financial year; the general manager may also at any time before the end of a financial year submit supplementary estimates for board approval.
Section Estimates Section The general manager shall, within not less than three months before the end of each financial year , prepare and submit to the board for its approval estimates of income and expenditure of the corporation for the next ensuing year and may, at any time before the end of a financial year , prepare and submit to the board for approval any estimates supplementary to the estimates of a current year. No expenditure shall be made out of funds of the corporation unless that expenditure is part of the expenditure approved by the board under the estimates for the financial year in which the expenditure is to be made or in the estimates supplementary to those estimates. - 16
Financial and related provisions - Accounts, audit and annual report
The corporation must, within six months after the end of each financial year, submit an annual report; keep proper accounts and records; have its annual accounts audited by the Auditor General; the Auditor General must audit and within two months give an opinion to the Minister and the board; the Minister must lay copies before Parliament within six months of receipt.
Section Accounts, audit and annual report Section The corporation shall, within six months after the end of each financial year , submit— to the Minister and the board an annual report in respect of that year containing— to the Auditor General— The corporation shall keep proper accounts and records of its transactions and affairs and shall ensure that all monies received are properly brought to account, all payments out of its monies are correctly made and properly authorised and that adequate control is maintained over its property and over the incurring of liabilities by the corporation . The annual accounts of the corporation shall be audited by the Auditor General. financial statements; performance indicators and such other information relating to those performance indicators; a report on the operations of the corporation ; and such other information as the board may, prior to the completion of the annual report or as otherwise supplementary to it, direct in writing; the accounts of the corporation for the year; and the annual report referred to in paragraph (a). The Auditor General shall audit the accounts of the corporation and, within two months of the receipt by him or her of such accounts and annual report, submit his or her opinion on them to the Minister and the board . The Minister shall cause copies of each annual report together with a copy of the opinion of the Auditor General to be laid before Parliament within six months after he or she has received them. - 17
Financial and related provisions - Transfer of assets and liabilities
The Minister may transfer government assets to the corporation when, in the Minister's opinion, those assets are necessary for the corporation’s functions; the corporation then acquires the rights and liabilities attached to those assets.
Section Transfer of assets and liabilities Section The Minister may transfer to the corporation the ownership or possession of assets belonging to the Government which, by virtue of this Act and in his or her opinion, are necessary for the corporation ’s performance of its functions; and thereupon the corporation shall, in respect of those assets, have all the rights and be subject to all the liabilities attaching to them. - 18
Financial and related provisions - Winding up of company
Uganda Air Cargo Limited is deemed to have been wound up voluntarily when this Act comes into force; the Minister must have the shares' value assessed and the company's shareholders are to be paid the value of their shares as the Minister may determine.
Section Winding up of company Section Notwithstanding anything in the Companies Act or in the memorandum and articles of association of the Uganda Air Cargo Limited, that company shall be deemed to have been wound up voluntarily on the coming into force of this Act. The Minister shall cause the value of the shares belonging to the shareholders of the company to be assessed, and the shareholders of Uganda Air Cargo Limited shall be paid the value of their shares as the Minister may determine. - 19
Financial and related provisions - Regulations
The Minister may, after consulting the board, make regulations to carry the provisions of the Act into effect.
Section Regulations Section The Minister may, after consultation with the board , make regulations for carrying into effect the provisions of this Act.
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