Municipalities and Public Authorities Provident Fund Act

Defines "approved scheme" as a provident fund scheme whose rules or regulations have been approved by the Minister under section 2.

Jurisdiction: Uganda
Instrument: Act or statute
Citation: Chapter 88
Version: Undated source snapshot
Language: en

Source attribution: Source: Uganda Legal Information Institute

Statute overview

About this statute

Defines "approved scheme" as a provident fund scheme whose rules or regulations have been approved by the Minister under section 2. Public authorities may not establish or maintain provident fund schemes for employees or members unless the scheme rules have been approved by the Minister; the Minister will give approval only if the scheme rules conform substantially to the draft regulations and contribution and bonus rates are in the best interests of the authority and its employees or members; the Minister's decision on conformity is final. Public authorities and boards of management of approved schemes must not amend or alter scheme rules or regulations without prior approval of the Minister. The Minister may, by statutory instrument and from time to time, amend the draft regulations; an amendment does not affect rules of any approved scheme in operation at the amendment date unless the Minister orders otherwise, with regard to depositors' existing rights. A public authority may deduct sums a contributor owes to that public authority from the contributor's credit in any fund administered by the authority when the contributor's account is closed.

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Provisions of Municipalities and Public Authorities Provident Fund Act

Showing 9 of 9

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1. Interpretation

Defines "approved scheme" as a provident fund scheme whose rules or regulations have been approved by the Minister under section 2.

Section 1. Interpretation Section " approved scheme " means a provident fund scheme the rules or regulations of which have been approved by the Minister under section 2 ;
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2. Minister to approve providentfundschemes

Public authorities may not establish or maintain provident fund schemes for employees or members unless the scheme rules have been approved by the Minister; the Minister will give approval only if the scheme rules conform substantially to the draft regulations and contribution and bonus rates are in the best interests of the authority and its employees or members; the Minister's decision on conformity is final.

Section 2. Minister to approve providentfundschemes Section 2(1) Notwithstanding the Local Governments Act, no public authority shall establish or maintain a provident fund scheme for the benefit of its employees or its members unless the proposed rules or regulations making provision for the establishment of the scheme have been approved by the Minister. Section 2(2) The Minister shall give his or her approval under subsection (1) only if— Section 2(2)(a) the proposed rules or regulations of the scheme are substantially in accordance with the draft regulations ; and Section 2(2)(b) he or she considers the rates of contributions and bonus are in accordance with the best interests of the authority and its employees or members. Section 2(3) The decision of the Minister as to whether or not the proposed rules or regulations are or are not substantially in accordance with the draft regulations shall be final.
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3. Amendments to the rules or regulations

Public authorities and boards of management of approved schemes must not amend or alter scheme rules or regulations without prior approval of the Minister.

Section 3. Amendments to the rules or regulations Section No public authority or board of management of any approved scheme shall amend or alter the rules or regulations in respect of any such scheme without prior approval of the Minister.
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4. Amendments to thedraft regulations

The Minister may, by statutory instrument and from time to time, amend the draft regulations; an amendment does not affect rules of any approved scheme in operation at the amendment date unless the Minister orders otherwise, with regard to depositors' existing rights.

Section 4. Amendments to thedraft regulations Section 4(1) The Minister may from time to time by statutory instrument amend the draft regulations . Section 4(2) An amendment shall not affect any of the rules or regulations of any approved scheme in operation at the date of the amendment unless the Minister so orders, in which event due regard shall be had to the existing rights of depositors.
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5. Amounts in hand not assignable or liable to attachment

A public authority may deduct sums a contributor owes to that public authority from the contributor's credit in any fund administered by the authority when the contributor's account is closed.

Section 5. Amounts in hand not assignable or liable to attachment Section 5(1) No contribution in an approved scheme , bonus or interest on the contribution or bonus shall be assignable or transferable or liable to be attached, sequestered or levied upon for or in respect of any debt or claim other than as provided for in subsection (2). Section 5(2) Any sum or sums due by a contributor to a public authority may be deducted from the amount standing to his or her credit in any fund administered by the authority on the closure of his or her account.
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6. Funds to be kept in separate account

Public authorities running approved schemes must keep each scheme's fund in a separate account and pay in contributions, bonuses and interest as they become due; funds are held in trust for contributors and, if the authority is wound up, the High Court may direct division of funds on the motion of the Administrator General.

Section 6. Funds to be kept in separate account Section 6(1) Every public authority administering an approved scheme shall keep the fund in respect of the scheme in a separate account and shall pay into the account all contributions so soon as they are paid and all bonus payments and interest when due. Section 6(2) The monies paid into a fund may be invested in such security or securities as is permitted for the investment of money held on trust. Section 6(3) No fund shall be liable to be attached, sequestered or levied upon but shall be held in trust for the contributors; and in the event of the winding up or dissolution of any public authority that has established a fund under this Act, the funds shall be divided among the contributors in such manner as the High Court shall direct on the motion of the Administrator General. Section 6(4) Nothing in this section shall be deemed to affect any rule or regulation making provision for payment of the expenses of administering a fund being made from out of the fund .
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7. Persons prohibited from contributing to two schemes

A person who is contributing to a provident fund scheme established under another Act is not entitled to be a contributor in any approved scheme.

Section 7. Persons prohibited from contributing to two schemes Section Notwithstanding any other provision in this Act, no person shall be entitled to be a contributor in any approved scheme while he or she contributes to any provident fund scheme established under the provisions of any other Act.
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8. Schemes under the Provident Fund (Local Governments) Act not affected

Nothing in this Act shall be deemed to affect any scheme established under the Provident Fund (Local Governments) Act.

Section 8. Schemes under the Provident Fund (Local Governments) Act not affected Section Nothing in this Act shall be deemed to affect any scheme established under the Provident Fund (Local Governments) Act.
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9. Provision in respect of the Kampala City Council

Kampala City Council must establish a provident fund scheme under this Act as soon as convenient after commencement; the Minister may not approve such a new scheme unless it is just and equitable to existing contributors and provides for specified transfers and continuity.

Section 9. Provision in respect of the Kampala City Council Section 9(1) So soon as convenient after the commencement of this Act, the Kampala City Council shall establish a provident fund scheme under this Act. Section 9(2) Notwithstanding section 2 (2), the Minister shall not approve any such scheme (hereafter referred to as "the new scheme") unless the provisions of the new scheme are just and equitable to persons who are contributors to any provident fund scheme in force at the commencement of this Act (hereafter referred to as "the existing scheme") and unless in the new scheme provision is made— Section 9(2)(a) for the winding up of the existing scheme and the transfer to the new scheme of the monies, assets and liabilities of the fund of the existing scheme; Section 9(2)(b) for contributors under the existing scheme to become contributors under the new scheme with effect from the date upon which they became contributors to the existing scheme, unless, within such period as may be specified in the new scheme, any such contributor elects to retain his or her rights and liabilities under the existing scheme; Section 9(2)(c) for the provisions of the existing scheme to continue to apply to every contributor who elects to retain his or her rights and liabilities under it.

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Municipalities and Public Authorities Provident Fund Act

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