Administration of Parliament (Amendment) Act

The author of any work specified in section 5 shall have a right of protection of the work, where work is original and is reduced to material form in whatever method irrespective of quality of the work or the purpose for which it is created.

The protection of the author's work under subsection (1) shall not be subject to any formality.

For the purpose of this section, a work is original if it is the product of the independent efforts of the author.

The following literary, scientific and artistic works are eligible for copyright-

The protection of a derivative work under subsection (2) shall not affect the protection of the pre-existing work used by a person for derivation purposes.

The right to protection of copyrights under this Act shall not extend to the following works- (a) an enactment including an Act, Statute, Decree, statutory instruments or other law made by the Legislature or other authorised body; (b) decree, order or other decision by a court of law for the administration of justice and any official translations from them; (c) a report made by a committee or commission of inquiry appointed by Government or any agency of Government; (d) news of the day namely reports of fresh events or current information by the media whether published in a written form, broadcast, internet or communicated to the public by any other means.

The Government shall be the trustee for the public benefit of the works specified in subsection (1).

The moral right in a work made under this section shall always remain with the actual author of the work.

The author of any work protected by copyright shall have a moral right- (a) to claim authorship of that work, except where the work is included incidentally or accidentally in reporting current events by means of media or other means; (b) to have the author's name or pseudonym mentioned or acknowledged each time the work is used or whenever any of the acts under section 9 is done in relation to that work, except where its not practicable to do so; and (c) to object to, and seek relief in connection with any distortion, mutilation, alteration or modification of the work.

The author of a work has a right to withdraw the work from circulation if it no longer reflects the author's convictions or intellectual concepts; and if the author does so, shall indemnify any authorised user of that work who might, in any material way, be affected by the withdrawal. (3) The moral right under subsection (1) is not assignable to any person, except for purposes of its enforcement.

The author of an applied or fine art work shall have an inalienable right to share in the proceeds of each sale of that work by public auction, through a dealer or by whatever means.

The economic rights of an author in relation to a work are protected during the life of the author and fifty years after the death of the author. (2) The economic rights of the author where the work is of joint authorship, are protected during the life of the last surviving author and fifty years after the death of the last surviving author.

Where the economic rights in a work are owned by a corporation or other body, the term of protection shall be fifty years from the date of the first publication of the work.

Where the work is published anonymously or under a pseudonym, the economic rights of the author are protected for a term of fifty years from the date of its first publication; but where before the expiration of the fifty years the identity of the author is known or is no longer in doubt the economic right shall be protected during the life time of the author and fifty years after the death of that author. (5) In the case of audio-visual work, sound recording or broadcast, the economic rights of the author are protected until the expiration of fifty years commencing from the date of making the work or from the date the work is made available to the public with the consent of the author. (6) In the case of a computer program the economic right of the author are protected for fifty years from the date of making the program available to the public.

In the case of photographic work, the economic rights of the author are protected for fifty years from the date of making the work.

The owner of a copyright may, as if it were movable property- (a) assign his or her economic rights in a copyright to another person; (b) licence another person to use the economic rights in a copyright; (c) transfer to another person or bequeath the economic rights in a copyright in whole or in parts;

An assignment or transfer of the economic right shall be limited to the use, period and country provided in the contract under subsection (3).

Where the ownership of the only copy of one of several copies of a work is assigned, the economic rights relating to the work shall, unless the contrary is stated in writing, not be assigned.

The fair use of a protected work in its original language or in a translation shall not be an infringement of the right of the author and shall not require the consent of the owner of the copyright where- (a) the production, translation, adaptation, arrangement or other transformation of the work is for private personal use only; (b) a quotation from a published work is used in another work, including a quotation from a newspaper or periodical in the form of press summary, where- (i) the quotation is compatible with fair practice; and (ii) the extent of the quotation does not exceed what is justified for the purpose of the work in which the quotation is used, and (iii) acknowledgement is given to the work from which the quotation is made; (c) a published work is used for teaching purpose to the extent justified for the purpose by way of illustration in a publication, broadcast or sound or visual recording in so far as the use is compatible with fair practice and acknowledgement is given to the work and the author; (d) the work is communicated to the public for teaching purposes for schools, colleges, universities or other educational institution or for professional training or public education in so far as the use is compatible with fair practice and acknowledgement is given to the work and the author;

A broadcasting company may, for the purpose of its own broadcast and by means of its own facilities, make an ephemeral recording of the broadcast, in one or several copies of any work which it is authorised to broadcast. (2) No copyright shall exist in a broadcast which infringes, or to the extent that it infringes, the copyright in another broadcast. (3) Subject to subsection (4) all copies of the ephemeral recording shall be destroyed within a period of six months or longer period as may be authorised by the copyright owner. (4) Where a recording under subsection (1) is of exceptional documentary character, a copy of the recording may be preserved for the National Archives.

A person who is a citizen of Uganda or who is ordinarily resident in Uganda may apply to the Minister for a non-exclusive licence- (a) to make and publish or to cause to make and publish a translation of a work into the English, Swahili or any Ugandan language and to produce or cause to produce copies from them;

An application for translation shall not be issued under paragraph (a) of subsection (1) until one year has expired from the date of the publication of the work in a material form.

Where the author of the work has withdrawn all copies of the work from circulation, no licence under paragraph (a) of subsection (1) shall be granted by the Minister in respect of that work.

The Minister shall not grant a licence under paragraph (b) of subsection (1)-

A licence issued under section 17 shall-

The Minister shall not issue a licence under section 17 unless-

A broadcasting company may apply to the Minister for a non-exclusive licence to translate published work or text of an a audio-visual fixation where-

Neighbouring rights are rights attached to the auxiliary role played by performers, producers of sound recording and audio-visual and broadcasting companies through-

The neighbouring rights attached to the auxiliary role of a performer or a producer or` broadcasting company does not in any way affect the copyright in a literary, scientific or artistic work from which it arose.

A performer shall have the right to authorise- (a) the fixation of his or her live performance not previously fixed on a physical medium; (b) the broadcasting or communication to the public of his or her unfixed performance except where-

A performer has the right to enter into contract on terms and conditions that the performer may wish for the use of the performance or fixation by another person. (3) A performer shall have the right to authorise the commercial rental to the public of the original or copies of the fixation of his or her performance even after the distribution or making available to the public of the original or copies of the fixation by the performer.

A performer shall have the right to authorise the making available to the public of the fixation of his or her performance by wire or wireless means or internet, in such a way that members of the public may access it from a place and at a time individually chosen by them.

A performer has a right- (a) to be identified as the performer;

A producer of a sound recording or audio-visual fixation shall have a right to authorise the reproduction of that sound recording or audio-visual fixation. (2) A producer of sound recording or audio-visual fixation shall have the right to authorise the distribution or making available to the public of the original or copies of the fixation through sale or other transfer of ownership. (3) A producer of sound recording or audio-visual fixation shall have the right to authorise the commercial rental to the public of the original or copies of the fixation even after the distribution or making available to the public of the original or copies of the fixation by the producer. (4) A producer of sound recording or audio visual fixation shall have the right to authorise making available to the public of the fixation, by wire or wireless means, in such a way that members of the public may access the fixation from a place and at a time individually chosen by them. (5) No person shall reproduce, distribute or make available to the public a sound recording or audio-visual fixation without the authorisation of the producer under this section. (6) For the purposes of this section, reproduction of a copy of a sound recording or an audio-visual fixation shall be unlawful if, with or without imitating the outward characteristics of the original work, it incorporates all or part of the sound or image with or without sound and without authorisation.

The producer or publisher has a duty to indicate on the book, cable of the disc or tape or the container- (a) the name of the author and those of the main performer or performers if any; (b) the title of the work; (c) the year of the cutting of the original matrix or of first publication of the book; (d) the name (whether individual or body corporate) or distinguishing mark of the producer or publisher; and (e) that the rights of the producer or publisher are reserved. (2) For the purposes of paragraph (a) of sub-section (1) a choir, orchestra, theatre company or author shall be referred to by the proper name and by the name of the leader if any. (3) The producer may indicate on the cable of the disc or tape or the container any information about the terms and conditions of use of fixation.

Where copies of a sound recording or audio-visual fixation are made for commercial purposes there shall be printed on the copies a notice consisting of- (a) the symbol ©; and Act 19 Copyright and Neighbouring Rights Act 2006 (b) the year of first publication of the sound recording or audio- visual fixation placed in a manner that gives reasonable notice of claim of protection of the rights of the producer. (2) Where the copies of sound recording, audio-visual fixation or their containers do not identify- (a) the producer; (b) the producer's licence in relation to that sound recording or fixation; or (c) the description or trade mark of the producer; the notice shall include the name of the person who owns the rights of the producer.

Where the copies of a sound recording, audio-visual fixation or their containers do not identify the principal performers the notice shall include the name of the person who owns the rights of the performers. (4) The coming into force of this Act shall not affect the right of any person to use, in accordance with the provisions of this Act, any fixation or reproduction made in good faith before the coming into force of this Act.

If a sound recording or audio-visual fixation published for commercial advertisement purposes, or a reproduction of that sound advertisement recording or audio-visual fixation is used directly or indirectly for broadcasting or other communication to the public, or is publicly performed, unless otherwise agreed, a single equitable remuneration for the performer or performers and the producer of the sound recording or audio-visual fixation shall be paid by the user to the producer. (2) Unless otherwise agreed between the performers and the producer, half of the amount received by the producer under subsection (1) shall be paid to the performer or performers.

A broadcasting company shall have the right to authorise or prohibit-

Subject to section 40 , the author, his or her successor in title or agent shall, in a publishing contract, transfer to the publisher against payment of a remuneration, the right to publish his or her work in a material form and distribute that work to the public. (2) A publishing contract made under this section may specify- (a) the period, the territory and the language for which the right is transferred; (b) the exclusive or non-exclusive nature of the right transferred; (c) the period within which the work of the contract is to be published which period shall not exceed eighteen months from the date of the making of the contract; (d) the amount of the author's remuneration and mode of payment.

Subject to section 40 , the author, performer, successor in title or agent shall, in a public performance contract, transfer to a person or body, the right to perform in public his or her literary, dramatic, dramatic-musical or musical work against payment of remuneration. (2) A performance contract made under this section may specify- (a) the exclusive or non-exclusive nature of the rights transferred; (b) the period for which the right is transferred or the number of performances to be effected; (c) the period within which the performance or performances are to be effected, which shall not exceed two years from the date of the making of the contract; (d) the territory for which the right is transferred; (e) the type of performance; and (f) the amount of the author's remuneration and mode of payment.

Subject to section 40 , the author, performer, successor in title or agent shall, in a broadcasting contract, transfer to a company involved in radio or, television broadcasting or the supplier of audiovisual communication services or other form of broadcast, the right to broadcast his or her literary dramatic, dramatic-musical or musical work against payment of remuneration. (2) A broadcasting contract made under this section may specify- (a) the exclusive or non-exclusive nature of the right transferred; (b) the period for which the right is transferred or the number of times the work shall be broadcast;

The Minister may, on the recommendation of the board of the Uganda Registration Services Bureau appoint a Registrar of Copyright. (2) The Board of Directors of the Uganda Registration services Bureau may appoint such number of assistant registrars, copyright inspectors and other officers as may be necessary for the efficient discharge of the duties and functions of the Registrar of copyrights under this Act. (3) The assistant registrars, copyright inspectors and other officers shall report and be subject to the direction of the Registrar.

The Registrar's office shall be the National Copyright Information Centre.

The owner of a copyright or a neighbouring right may register the right with the Registrar for the purpose of- (a) keeping evidence of ownership of the right; (b) identification of works and authors; (c) maintenance of record of the rights;

Any person entering into a copyright or neighbouring right contract may register the rights in the contract.

A piece of work which is creating the right shall be reduced in a material form before the owner of the right can register the right. (5) A copy of the work or contract which is creating the right for registration shall be deposited with the Registrar for registration. (6) On registration, the Registrar shall issue a certificate as proof of registration and one certificate may include rights in more than one piece of work. (7) A certificate of registration of a piece of work may be received in evidence as proof of ownership of that piece of work. (8) The procedure for application and form of registration of a right in a piece of work shall be as prescribed by rules made by the Minister for the purpose.

Any person who wishes to use or perform another person's work or who causes work to be performed in public for gain shall apply to the owner or the owner's agent for a licence to do so. (2) The owner or agent may grant a licence and shall in respect of any grant, charge such royalties as the owner or owner's agent may determine to be appropriate.

Any person whose rights under this Act are in imminent danger of being infringed or are being infringed may institute civil proceedings in the Commercial Court for an injunction to prevent the infringement or to prohibit the continuation of the infringement. (2) Upon an ex-parte application by a right owner, the court may in chambers make an order for the inspection of or removal from the infringing person's premises, of the copyright infringing materials which constitute evidence of infringement by that person. (3) The grant of an injunction under subsection (1) shall not affect the author's claim for damages in respect of loss sustained by him or her as a result of the infringement of the rights under this Act. (4) A person who sustains any damage because of the infringement of his or her rights under this Act may claim damages against the person responsible for the infringement whether or not that person has been successfully prosecuted.

Infringement of copyright or neighbouring right occurs where, without a valid transfer, licence, assignment or other authorisation under this Act a person deals with any work or performance contrary to the permitted free use and in particular where that person does or causes or permits another person to- (a) reproduce, fix, duplicate, extract, imitate or import into Uganda otherwise than for his or her own private use; (b) distribute in Uganda by way of sale, hire, rental or like manner; or (c) exhibit to the public for commercial purposes by way of broadcast, public performance or otherwise. (2) The use of a piece of work in a manner prejudicial to the honour or reputation of the author shall be deemed an infringement of the right of the owner of the right.

A person who, without the authorisation of or licence from the rights owner or his or her agent- (a) publishes, distributes or reproduces the work; (b) performs the work in public; (c) broadcasts the work; (d) communicates the work to the public; or (e) imports any work and uses it in a manner which, were it work made in Uganda, would constitute an infringement of copyright; commits an offence and is liable on conviction, to a fine not exceeding one hundred currency points or imprisonment not exceeding four years or both.

A person who sells or buys in the course of trade or imports any apparatus, article, machine or thing, knowing that it is to be used for making infringing copies of work, commits an offence and is liable on conviction, to a fine not exceeding fifty currency points or imprisonment not exceeding one year or both. (5) In addition to the punishment prescribed by subsection (4) the Court shall, where an offence is committed under that subsection, order the forfeiture of the apparatus, article or thing which is the subject matter of the offence or which is used in connection with the commission of the offence. (6) Any person who does any act to make other people believe that he or she is the author or performer of a piece of work, whether that act is- (a) by words or writing; (b) through conduct or fraudulent tricks; or (c) the use of electronic or other device; commits an offence.

A person commits an offence who, having reasonable grounds to know or suspect that the act will induce, enable, facilitate or conceal an infringement of a copyright or a neighbouring right, does the following- Act 19 Copyright and Neighbouring Rights Act 2006 (a) remove or alters any electronic moral rights information without lawful authority to do so; (b) distributes, imports for distribution, broadcasts, communicates or makes available to the public any pirated work; (c) without lawful authority, distributes, imports for distribution, broadcasts, communicates or makes available to the public, any performance, copy of a sound recording or audio-visual fixation knowing that the moral rights information has been unlawfully removed or altered.

Where a work is communicated to the public on the premises of an occupier by live performance without the authority of the owner of the copyright or neighbouring right or agent, the occupier of the premises shall be deemed to have communicated the work to the public.

A person who infringes a neighbouring right of another person under this Act commits an offence and is liable a on conviction to a fine not exceeding one hundred currency points or imprisonment not exceeding four year or both.

The provisions of section 45 and subsections (2) to (6) of section 47 shall apply to the owner of a neighbouring right.

Where an offence is committed by a body of persons- (a) in the case of a body corporate, every director and the secretary of the body shall be deemed to have committed the offence; and

A person convicted of an offence under this Act, for which no other punishment is provided, is liable to a fine not exceeding fifty currency points or imprisonment not exceeding one year or both.

In addition to any other punishment that may be imposed by the court under this Act, the court may order- (a) that all sums of money arising out of the offence and received by the offender be accounted for by the offender and paid to the person entitled to the economic rights under this Act; and (b) that all reproductions, duplication, translation, extracts, imitations and all other materials involved in the infringement be forfeited and disposed of as the court may direct.

For the purpose of ascertaining whether there is or has been a contravention of this Act, an inspector may inspect- (a) any substance or article appearing to be a work; (b) any container or package appearing to be used or intended to be used to contain any work; or (c) any place, plant or equipment appearing to be used or intended to be used in connection with the production, reproduction or otherwise manufacture of a work.

Where an inspector seizes any work, the inspector shall notify in writing the person from whom it is seized the fact of that seizure and shall in that notification specify the item seized.

Any person who-

A rights owner, who has reasonable grounds for suspecting that the importation of pirated goods may take place, may lodge an application in writing with the commercial court for the suspension of the release into free circulation of such goods.

Any rights owner initiating the procedures under subsection (1) shall be required to provide adequate evidence to satisfy the court that, there is prima facie infringement of the copyright and to supply a sufficiently detailed description of the goods to make them readily recognisable by the customs authorities.

No collecting society shall operate in Uganda without a registration certificate issued by the Registrar of Companies.

The Registrar of Companies shall not register another society in respect of the same bundle of rights and category of works if there exists another society that has already been licensed and functions to the satisfaction of its members.

Any person operating as a collecting society or causing any society or body to operate as a collecting society without a registration certificate commits an offence and is liable on conviction to a fine not exceeding one hundred currency points or to a term of imprisonment not exceeding two years or to both the fine and imprisonment.

An application for registration of a collecting society shall be made to the Registrar in a prescribed form and shall be signed by at least thirty members of the society. (2) The application shall be accompanied by three copies of the proposed articles and rules of the Society, a copy of the certificate of registration as a non-governmental organisation and such other information as the Registrar may require.

If the Registrar is satisfied that a society has complied with all the requirements under this Act, and regulations made under this Act and that its proposed articles and rules are not contrary to the provisions of this Act, the Registrar shall register the society and its articles and rules on probation for a period not exceeding eighteen months.

If at the expiration of the probationary period the Registrar is not satisfied with the performance of the society, the Registrar may either cancel the registration or extend the probationary period by a period not exceeding six months; and if after the extension the Registrar is still not satisfied with the performance of the society, the registration shall be cancelled.

On registration of a society on probation, a trust under the names of the society shall be established and the executive body of the society shall be established as the board of trustees of the society for the period of the probation.

At any time during the period of registration of a society on probation, the Registrar may, by notice in writing to the person responsible for running the society, cancel the probationary registration of the society stating reasons for the cancellation and the society shall, from the date of service of the notice, cease to be a registered society.

The cancellation referred to in subsection (1) shall be published in the Gazette and in at least one of the prominent newspapers in Uganda.

Where at the end of the probation the registrar is satisfied with the functioning of the society the Registrar shall fully register the society as a collecting society.

A society shall, on full registration, become a body corporate by the name under which it is registered, with perpetual succession and a common seal, and with power to hold movable and immovable property of every description, to enter into contracts, to institute and defend suits and other legal proceedings and to do all things necessary for the purpose of its operations.

If the Registrar is satisfied that a society's original certificate of registration has been lost or destroyed, the Registrar may issue a duplicate certificate.

All assets, rights and liabilities vested in the board of trustees of the society during the period of the registration on probation shall vest in the society as a body corporate.

In order to be qualified for membership of a registered society, a person, other than a registered society or a company incorporated under the Companies Act or an un-incorporated body of persons permitted to become a member shall be resident in Uganda.

No person of a registered society shall exercise any of the rights of a member unless that person has paid the required membership fee.

Each member of a registered society shall have one vote only as a member in the affairs of the registered society.

Every registered society shall have a registered address to which notices and communications may be sent, and shall notify the Registrar on every change in its registered address within one month of the change.

Every registered society shall display its name and address on a signboard in a conspicuous position outside its place of business.

Any registered society may amend its articles and rules including the name of the society.

No amendment under subsection (1) shall be valid until it is registered with the Registrar.

If the Registrar is satisfied that an amendment is not contrary to the provisions of this Act, the Registrar shall register the amendment.

An amendment which changes the name of a registered society shall not affect any right or obligation of the society or any of its members or past members, and any legal proceedings pending may be continued by or against the society under its new name.

If it appears to the Registrar that an amendment of the articles or rules of a society is necessary or desirable in the interest of the society, the Registrar may call upon the society, to make the amendment within a specified period.

If the society fails to make the amendment under subsection within the time specified, the Registrar may, after giving the society an opportunity of being heard, make and register the amendment, and issue to the society a certified copy of the amendment.

With effect from the date of registration of an amendment under subsection (7) the articles or rules of a society shall be deemed to have been duly amended and the articles or rules as amended shall, be binding on the society and its members.

Any society aggrieved by any amendment of its articles or rules made under sub-section (7) may appeal to the Minister against the amendment within two months of the date of the issue of the certified copy of the amendment.

Any member of a registered society may appeal to the Minister, in writing against any refusal by the Registrar to register any amendment to the articles or rules of the society.

The executive committee of a registered society shall cause the accounts of the society to be audited at least once in every year by an auditor appointed by the Annual General Meeting and approved by the Registrar. (2) Where the registered society is unable to appoint an auditor, the Registrar may appoint the auditor for the society and the cost of the audit shall be borne by the society. (3) Audits shall be conducted in accordance with generally accepted professional audit standards and in addition include audit of management efficiency. (4) An auditor appointed under this section shall have access to all books, accounts, papers and securities of a registered society, and every officer of the society shall furnish such information in regard to the transactions and working of the society as the auditor may require. (5) The auditor shall have power, where necessary- (a) to summon, any officer, agent, servant or member of the society whom the auditor has reason to believe can give information in regard to the transactions of the society or the management of its affairs; (b) to require the production of any book or document relating to the affairs of, or any cash or securities belonging to the society from the officer, agent, servant or member in possession of such book, documents, cash or securities. (6) An auditor appointed under this section shall submit a detailed audit report of the accounts and balance sheet to the executive committee of the society and a true copy of accounts and balance sheet to the Registrar within three months after the end of the society's financial year, which report shall include the auditor's opinion on whether or not the administration of the society has been conducted- Act 19 Copyright and Neighbouring Rights Act 2006 (a) efficiently and in accordance with the standard accounting methods;

Where the executive committee fails to cause the auditing of accounts in accordance with this section, the executive committee of that society shall be deemed to have relinquished the office; and the Registrar shall convene a special general meeting to elect a new committee unless the Registrar is satisfied that the failure was due to circumstances beyond the committee's control.

Every executive committee of a registered society shall cause estimates of the income and expenditure of the society to be repapered for the coming twelve months at least three months before the end of its financial year and a copy of the estimates shall be sent to the Registrar for an opinion before they are submitted to the general meeting. (2) Supplementary estimates may be prepared by a society during the financial year and submitted to the registrar for an opinion before they are submitted to the Annual General Meeting. (3) If a society contravenes or fails to comply with any provision of this section, the society and any officer or person who purports to act on its behalf commits an offence and is liable to a fine not exceeding fifty currency points and in the case of a continuing offence to a further fine not exceeding two currency points for each day on which the offence is continued.

Any two or more registered societies may, with the prior approval of the Registrar, amalgamate into a single society. (2) An amalgamation referred to in subsection (1) shall not take place unless- Act 19 Copyright and Neighbouring Rights Act 2006 (a) a general meeting of each of the societies has been called;

An amalgamation of registered societies into one society under this section may be effected without dissolution of the societies concerned or a division of the assets and liabilities of the amalgamated societies and a resolution of the society passed for the amalgamation shall be sufficient for the transfer of the assets and liabilities of the amalgamated societies to the new society.

A registered society shall establish and administer a Provident and Benevolent Fund which shall be separate from the funds of the society for the benefit of the copyright and other rights owners.

The society shall credit all moneys collected on behalf of the authors and other copyright and neighbouring rights owners to the Fund and shall pay all sums due to the rights owners from that Fund.

The Registrar may hold an inquiry or direct an inspector or other person in writing to hold an inquiry into the constitution, working and financial conditions of a registered society.

On receipt of a resolution demanding an inquiry passed by not less than two-thirds of the members present at a general meeting which has been duly advertised, the registrar shall cause an inquiry to be held.

During the period of inquiry under this section, the executive Officer, other officers or employees may be suspended from duty by the Registrar to facilitate the smooth holding of the inquiry.

Where the executive Officer has been suspended under subsection (3) a caretaker manager shall be appointed by the Registrar in consultation with the executive committee.

The caretaker shall remain in office until either the former Executive Officer is reinstated or a new one is appointed such that the caretaker shall not stay in office for more than three months after the report of the inquiry has been submitted.

Where after the report of the inquiry, it is necessary to elect a new executive committee, the Registrar shall convene a special general meeting within thirty days after the submission of the report to elect a new committee.

If the Registrar, after an inquiry or after making an inspection or on receipt of an application made by two-thirds of the members of a registered society, is of the opinion that the society ought to be dissolved, the Registrar may make an order for the cancellation of registration of the society. (2) Any member of a registered society many, within two months from the date of an order made under subsection (1), appeal from such order to the Minister. (3) Where no appeal is presented within two months of an order made under subsection (1) the cancellation shall take effect and where an appeal is presented the order shall not take effect until the appeal is concluded. (4) The Minister shall make a decision on an appeal under subsection (2) with two months of receiving the appeal.

The Registrar may, by order in writing, cancel the registration of any society, if satisfied that- (a) the registration was obtained by fraud or mistake;

Where the registration of a society is cancelled, the society shall cease to exist as a body corporate as from the date the cancellation takes effect.

Where the registration of a society is cancelled the Registrar may appoint one or more persons to be a liquidator or liquidators of the society and all the property of the society shall vest in such liquidator or liquidators with effect from the date of cancellation of the registration. (2) A liquidator appointed under this section shall, subject to the guidance, control and any limitation imposed by the Registrar have the following powers- (a) to appoint a day, before which the creditors whose claims are not already recorded in the books of the society shall state their claims for admission, or be excluded from any distribution made before they have proved them;

Upon the appointment of a liquidator for a registered society, the provisions of the Companies Act relating to winding up of acompany shall apply subject to modifications that may be required in the circumstances.

Any dispute regarding the operations of a registered society which arises- (a) among the members or past members; (b) between a member, past member or other person not being a member, or deceased member, and the society, its committee or any officer or past officer of the society; or Act 19 Copyright and Neighbouring Rights Act 2006 (c) between the society or its committee and any officer or past officer of the society; or (d) between the society and any other registered society; shall be referred to an arbitrator or arbitrators under the Arbitration and Conciliation Act.

No officer or member of a registered society shall receive any remuneration, salary, commission or other payment from the society for services rendered to the society unless the society has, after consultation with the Registrar, by resolution passed at a general meeting of the society approved the expenditure in the estimates of the society for the financial year. (2) No officer or member of a registered society shall receive any remuneration, salary, commission or other payment from any person other than the society in respect of any business or transaction entered into by the society, but in special circumstances the society may, after consultation with the Registrar, by a resolution passed at a general meeting of the society, consent to such remuneration, salary, commission or other payment being made. (3) Any officer or member of a registered society who pays out or receives any remuneration, salary, commission or other payment in contravention of subsection (1) or (2), as the case may be, commits an offence and is liable on conviction to a fine not exceeding twenty currency points or to a period of imprisonment not exceeding two years or both.

The Minister may, on the recommendation of the Registrar, and after consultation with the collecting societies, make regulations generally for the better carrying into effect of the, provisions of this Act and to prescribed or provide for anything required or authorised to be prescribed or provided under this Act.

In particular and without prejudice to the generality of subsection (1) regulations may- (a) prescribe the forms to be used to apply for registration; (b) prescribe the procedure for a society to apply for registration; (c) regulate the manner in which funds may be raised by means of shares or debentures or otherwise; (d) provide for audit of the accounts and books to be kept by a society and the charges if any to be made for such audit; (e) provide for the form of the final accounts and the balance sheet to be prepared annually and any other statements and schedules relating to them; (f) prescribe the procedure to be followed in appeals to the Ministers; (g) provide for the returns to be submitted to the Registrar by registered societies; (h) prescribe the fees to be paid on application for registration and for other services provided by the Registrar and; (i) prescribe anything that may be necessary for the better functioning of the societies.

Regulations made under this section may prescribe as penalties for the contravention of the regulations any fine not exceeding twenty currency points or any term of imprisonment not exceeding six months or both.

The Minister may, in consultation with the Minister responsible for finance, by statutory instrument amend the First Schedule to this Act.

The Minister may, by statutory instrument, amend the Second Schedule to this Act as circumstances may require.

The Copyright Act, is repealed.

The repeal under subsection (1) shall not affect any copyright or other rights that existed immediately before the repeal of the Act and all such rights shall be enforceable under this Act, as if this Act was in force at the time of the creation of that work.

A collecting society operating before the commencement of this Act shall-

The Registrar shall, after the period of twelve months referred to under subsection (1) publish, by legal notice in the Gazette, and in at least one leading newspaper, the registered collecting societies at the time.

A person shall cease to be a refugee if- (a) that person voluntarily re-avails himself or herself of the protection of the country of his or her nationality, or voluntarily re-establishes himself or herself in the country of origin; (b) that person surrenders his or her refugee status; (c) having lost his or her nationality, he or she acquires it again; (d) that person becomes a citizen of Uganda or acquires the nationality of some other country and enjoys the protection of the country of his or her new nationality; or (e) the circumstances in connection with which that person was recognised as a refugee have ceased to exist, but he or she without compelling reasons arising out of previous persecution- (i) continues to refuse to avail himself or herself of the protection of the country of origin or nationality; or (ii) continues to refuse to return to the country of former habitual residence or to take on another available nationality; (f) being of a class of persons declared to be refugees in accordance with section 25 of this Act- Act 21 Refugees Act 2006 (i) that person has committed a serious non-political crime outside Uganda after admission into Uganda as a refugee; or (ii) that person has seriously infringed the purposes and objectives of the Geneva Convention or the OAU Convention. (2) The procedure laid down in section 39 of this Act shall apply in relation to a person who ceases to be a refugee in terms of this section.

The Office shall be responsible for all administrative matters concerning refugees in Uganda and shall, in that capacity, co-ordinate inter-ministerial and non-Governmental activities and programmes relating to refugees. (2) Without prejudice to the generality of subsection (1), the Office shall-

There shall be a Commissioner for Refugees whose office shall be a public office and shall be appointed by the President, acting in accordance with the advice of the Public Service Commission.

The Commissioner shall be the head of the Office and shall be responsible for the day-to-day operations of the Office and for the administration, organisation and control of the staff of the Office.

Without prejudice to the generality of subsection (2) of this section, the Commissioner shall- Act 21 Refugees Act 2006 (a) advise the accounting officer on the soliciting of funds for the care and welfare of refugees and the rehabilitation of refugee affected areas;

The Commissioner shall, in the performance of his or her functions under this Act, be responsible to the Permanent Secretary of the Ministry.

The Commissioner shall make half-yearly reports on matters and activities relating to refugees to the Minister,

The Minister may give directions of a specific or general nature to the Commissioner and the Commissioner shall comply with those directions.

There is established a Committee to be known as the Refugee Eligibility Committee consisting of- (a) the Permanent Secretary of the Ministry responsible for refugees, who shall be the Chairperson of the Committee, or his or her representative; (b) the Permanent Secretary of the Ministry responsible for Internal Affairs or his or her representative; (c) the Solicitor General or his or her representative; (d) the Permanent Secretary of the Ministry responsible for Foreign Affairs or his or her representative; (e) the Permanent Secretary of the Ministry responsible for Local Governments or his or her representative; (f) the Director General of the Internal Security Organisation or his or her representative; (g) the Director General of the External Security Organisation or his or her representative; (h) the Director, Special Branch, Uganda Police Force, or his or her representative; (i) the Commissioner for Immigration, or his or her representative. (2) The Commissioner for Refugees, or his or her representative, shall be- (a) an ex officio member of the Eligibility Committee without power to vote on any matter before the Committee, and Act 21 Refugees Act 2006 (b) Secretary to the Committee. (3) The UNHCR may attend meetings of the Eligibility Committee in an advisory capacity.

The Eligibility Committee shall meet as often as is necessary to discharge its functions but shall in any case meet at least once in every month. (2) The Chairperson of the Committee shall preside at all meetings of the Committee and in his or her absence, the members present shall select one of their number to preside. (3) The quorum at a meeting of the Committee shall be five members, including the presiding member. (4) The Secretary shall keep minutes of the meetings of the Eligibility Committee. (5) The Secretary shall forward copies of the minutes of the meetings of the Eligibility Committee to the Minister.

The Eligibility Committee may co-opt any person to assist it in dealing with any matter if the Committee is satisfied that the person's experience or qualifications are likely to help it deal with any such matter.

A person co-opted under subsection (1) is entitled to take

The Eligibility Committee may appoint one or more subcommittees to-

A subcommittee shall consist of a chairperson who shall be a member of the Eligibility Committee and such other persons, whether members of the Eligibility Committee or not, as the Eligibility Committee shall determine.

A subcommittee is subject to the control of the Eligibility Committee and may be discharged or reconstituted by the Eligibility Committee at any time.

Subject to any directions that may be given to it by the Eligibility Committee, a subcommittee may regulate its own procedure.

There is established a Refugee Appeals Board consisting of a Chairperson and four other members appointed by the Minister on such terms and conditions as the Minister may determine.

The members of the Appeals Board shall be appointed from among persons having knowledge of or experience in refugee law or matters relating to immigration, foreign affairs, national security, local administration, human rights and refugees generally.

A member of the Eligibility Committee shall not be a member of the Appeals Board.

The Appeals Board may receive and hear appeals from the decisions of the Eligibility Committee on questions of law and procedure.

In any appeal before it, the Appeals Board may-

The Appeals Board shall expeditiously hear and determine any appeal referred to it and, in any case, shall make a decision within sixty days after the date of receipt of the appeal.

For the avoidance of doubt, the Appeals Board shall not make a decision granting the status of refugee to an applicant.

The UNHCR may attend proceedings of the Appeals Board. (2) A representative of the UNHCR may, while attending any proceedings under subsection (1), make oral or written representation on behalf of the person whose appeal is being heard.

Any person who enters Uganda and wishes to remain in Uganda as a refugee shall make a written application to the Eligibility Committee for the grant of refugee status within thirty days after the date of his or her entry into Uganda. (2) An application made under subsection (1) of this section may be submitted to the Commissioner through an authorised officer or to the UNHCR representative.

An authorised officer or UNHCR representative to whom an application is submitted under subsection (2) of this section shall, as soon as is practicable, forward the application to the Commissioner.

The Commissioner shall, as soon as is practicable, process the application for presentation before the Eligibility Committee and may- Act 21 Refugees Act 2006 (a) require such further information from the applicant as may be necessary to support the application; and (b) carry out any inquiry or investigations as he or she may think fit. (2) The Eligibility Committee shall, within ninety days after the date of receipt of the application by the Commissioner, consider and determine the refugee status of the applicant and may, after making any inquiry or investigations as the Committee may consider necessary- (a) reject the application; or (b) grant refugee status to the applicant. (3) The Commissioner shall, within fourteen days after the date of the decision of the Eligibility Committee, inform the applicant in writing of the decision of the Committee.

Where an application is rejected under subsection (2) of this section, the Eligibility Committee shall state the reasons for its decision in writing and the applicant shall be provided with a copy of the statement. (5) For the avoidance of doubt, the period of ninety days referred to in subsection (2) of this section shall commence on the day following the date on which the applicant submitted the application to-

Where the Eligibility Committee finds that an application before it is a clearly abusive or manifestly unfounded application, the Committee shall take appropriate measures for deportation of the applicant in accordance with the applicable law.

An applicant aggrieved by the decision of the Eligibility Committee may appeal to the Appeals Board within thirty days after receipt of the notice of the decision of the Eligibility Committee. (2) Notwithstanding subsection (1) of this section, the Appeals Board may hear an appeal filed after the expiry of thirty days if the appellant has justifiable cause for having filed a late appeal. (3) At the hearing of an appeal under this section, the appellant may appear before the Appeals Board in person or may be represented by an advocate at his or her expense. (4) A decision of the Appeals Board shall be final.

Without prejudice to the requirement for a just and equitable procedure for the determination of refugee status, the Commissioner shall deal in an expeditious manner with applications, which are considered to be clearly abusive or manifestly unfounded, in accordance with accelerated procedures prescribed by regulations under this Act. (2) The Commissioner shall deal with applications of- (a) persons with disabilities; (b) trauma victims, detained persons and victims of torture;

Notwithstanding the provisions of any other law, a person who has applied for refugee status and every member of that person's family shall remain in Uganda- Act 21 Refugees Act 2006 (a) until his or her application is granted or rejected, and no appeal has been filed with the Refugee Appeals Board;

Where a person has exhausted the right of appeal in relation to an application and refugee status has not been granted, that applicant shall be allowed to stay in Uganda for a period not exceeding ninety days to enable him or her to seek asylum or admission to a country of his or her choice.

At the expiry of the ninety days referred to in subsection (2) of this section, the person whose application has been rejected shall be subject to expulsion or deportation from Uganda or other appropriate action under the applicable laws.

The Minister may, on application by the person concerned, extend the period of ninety days referred to in subsection (2) of this section if the Minister has reasonable grounds to believe that the person concerned is likely to be given asylum in, or to be admitted to, the country of his or her choice within the extended period.

After an applicant has submitted an application for refugee status to the Eligibility Committee under section 19 of this Act, the applicant shall-

The Minister may, if it is evident that a class of persons qualifies to be refugees under section 4 of this Act, declare that class of persons to be refugees. (2) The Minister shall cause a declaration made under subsection (1) of this section to be published in the Gazette and in any other manner that will best ensure that the declaration is brought to the attention of the authorised officers and persons to whom it relates. (3) The Minister may, where there is a mass influx of asylum seekers into Uganda, in consultation with the Minister responsible for internal affairs, issue an order permitting the asylum seekers to reside in Uganda without requiring their individual status to be determined under section 4 of this Act.

A declaration made under subsection (3) of this section is valid for a period of two years from the date of the declaration or until the cause of the influx into Uganda from the country of origin or habitual residence ceases to exist, whichever is sooner.

Where asylum seekers are permitted to reside in Uganda under subsection (3) of this section, they shall be subject to the general treatment and rights accorded to refugees under this Act.

The exclusion of a specified person from a declaration made under subsection (1) of this section shall not preclude that person from applying to the Eligibility Committee for the grant of refugee status under this Act.

Every member of the family of a recognised refugee who enters Uganda shall enjoy the same protection as that recognised refugee and shall- (a) be permitted to enter and remain in Uganda for as long as the recognised refugee is permitted to remain; and (b) be issued with all necessary documents relevant to his or her status. (2) On the death of a recognised refugee, any member of the family of the recognised refugee in Uganda shall continue to enjoy the protection referred to in subsection (1) of this section and shall remain in Uganda until otherwise disqualified. (3) Nothing in this section shall prevent a member of the family of a recognised refugee from applying for the grant of refugee status in accordance with this Act.

A recognised refugee may apply to the Eligibility Committee for permission for a member of his or her family to enter and reside in Uganda for purposes of reunion. (2) Regulations made under this Act shall prescribe the procedure for applying for a family reunion under subsection (1) of this section, taking into account the principle of family unity. (3) Where an application is made to the Eligibility Committee under subsection (1) of this section, the Commissioner shall make investigations regarding the application and submit a report in writing to the Committee, specifying the relationship between the refugee and the person to whom the application relates.

A recognised refugee shall, subject to this Act, the OAU Convention and the Geneva Convention- Act 21 Refugees Act 2006 (a) be issued with an identity card in a prescribed form stating the refugee status of the holder for purposes of identification and protection; (b) be permitted to remain in Uganda; (c) be entitled to fair and just treatment without discrimination on grounds of race, religion, sex, nationality, ethnic identity, membership of a particular social group or political opinion; (d) receive at least the same treatment as is generally accorded to aliens under the Constitution and any other law in force in Uganda; and be entitled to privileges that may be granted under the laws of Uganda by any administrative agency or organ of the Government; (e) receive at least the same treatment accorded to aliens generally in similar circumstances relating to-

A refugee shall be accorded the same protection as is accorded to the nationals of Uganda in respect of the protection of intellectual property rights, including industrial inventions, patents, designs, trade names, copyrights and other artistic and scientific works.

Subject to subsection (2) of this section, a recognised refugee is entitled to free movement in Uganda

The free movement of a recognised refugees in Uganda is subject to reasonable restrictions specified in the laws of Uganda, or directions issued by the Commissioner, which apply to aliens generally in the same circumstances, especially on grounds of national security, public order, public health, public morals or the Act 21 Refugees Act 2006 protection of the rights and freedoms of others;

A recognised refugee staying in Uganda is entitled to a travel document for the purpose of travel outside Uganda, unless compelling reasons of national security or public order require otherwise.

A travel document issued to a recognised refugee shall be valid for all countries except the refugee's country of origin and those countries with respect to which Uganda has restrictions.

A recognised refugee in possession of a valid passport issued by the country of origin shall surrender that passport to the issuing officer before acquiring a travel document.

A person who has ceased to be a recognised refugee under this Act shall not be issued with a travel document, and if such person is in possession of a travel document, he or she shall surrender it to the immigration office.

For the purposes of this section, "travel document" means a travel document issued under or in accordance with article 28 of the Geneva Convention.

Refugee children shall be accorded the same treatment as nationals with respect to elementary education.

Every refugee child is entitled to the enjoyment of the rights and freedoms contained in- (a) the Children Act, Cap. 59; (b) the African Charter on the Rights and Welfare of the Child, 1981; (c) the Convention on the Rights of the Child, 1989; and Act 21 Refugees Act 2006 (d) the Geneva Convention, irrespective of the child's parent's or legal guardian's race, ethnic group, colour, sex, language, relation, political or other opinion, national and social origin, fortune, birth or other status. (3) Identification documents for children and unaccompanied minors shall be issued in accordance with the principles applicable to a recognised refugee.

A woman refugee shall have equal opportunities and access to procedures relating to refugee status; and affirmative action shall be taken to protect women refugees from gender discriminating practices. (2) A woman refugee is entitled to equal enjoyment and protection of all human rights and fundamental freedoms in economic, social, cultural, civil or any other fields as provided for in the Constitution and other relevant laws in force in Uganda and international and regional instruments to which Uganda is a party, and in particular the following- (a) the Convention on the Elimination of All Forms of Discrimination Against Women, 1979; and (b) the African Charter on Human and People's Rights, 1981.

The personal status of a recognised refugee shall be governed by the law of the country of his or her domicile or, if he or she has no domicile, by the law currently in force in Uganda. (2) All rights previously acquired by a refugee and dependent on personal status, particularly rights attaching to marriage, shall be respected, subject to the laws of Uganda.

Notwithstanding the provisions of the Uganda Citizenship and Immigration Control Act, Cap. 66, proceedings shall not be instituted or continued against any person or any member of the family of any such person in respect of his or her unlawful entry or Act 21 Refugees Act 2006 presence in Uganda if that person- (a) intends to make an application to be recognised as a refugee under this Act ; or (b) has been granted refugee status. (2) Any person who, having applied and exhausted all rights for the grant of refugee status under this Act, fails to be recognised as a refugee and unlawfully continues to stay in Uganda, shall be dealt with under the Uganda Citizenship and Immigration Control Act, Cap. 66, or any other applicable law.

Where the Commissioner has reasonable grounds to believe that a person who has been recognised as a refugee under this Act- (a) should not have been so recognised; or (b) has ceased to be a refugee under this Act, the Commissioner shall refer the case to the Eligibility Committee for a determination whether or not that person's eligibility status should be withdrawn. (2) Where a case has been referred to the Eligibility Committee under subsection (1) of this section, the Committee shall cause a written notice to be served upon the person whose refugee status is under consideration- (a) informing that person of the fact that his or her refugee status is under consideration for withdrawal; and (b) inviting that person to make written representations regarding his or her refugee status to the Eligibility Committee within fourteen days after the date of service of the notice on him or her. (3) The Eligibility Committee-

The Eligibility Committee shall notify the person concerned in writing of its decision under this section.

Any person who is aggrieved by the decision of the Eligibility Committee under this section may, within seven days of being notified of the decision, appeal to the Appeals Board.

In any appeal under subsection (5) of this section, the Appeals Board may- (a) confirm or set aside the decision of the Eligibility Committee and recommend that the person should still be recognised as a refugee and notify the Eligibility Committee of its decision; (b) refer the matter to the Eligibility Committee for further investigation and advice or recommendations; or (c) make such further enquiries and investigations into the matter as the Board thinks fit.

The Minister may, after consultation with the Minister responsible for internal affairs, order the expulsion of any recognised refugee from Uganda, if the Minister considers the expulsion to be necessary or desirable in the interest of national security or public

Where-

A request for an extradition under subsection (1) of this section may be granted only if the offence that gave rise to the extradition request was committed in the territory of the requesting country.

Subject to the provisions of any written law, the Minister may deny a request for extradition under this section, if the offence for which extradition has been sought can be tried under the laws of Uganda, or if the Minister is of the opinion that it will not be in the Act 21 Refugees Act 2006 public interest to grant the request.

Notwithstanding the provisions of any other law, no person shall be refused entry into Uganda, expelled, extradited or returned from Uganda to any other country or subjected to any similar measures if, as a result of such refusal, expulsion, return or other measure, that person is compelled to return to or remain in a country where- (a) he or she may be subjected to persecution on account of race, religion, sex, nationality, membership of a particular social group or political opinion; or (b) his or her life, person or liberty would be threatened on account of external aggression, occupation, foreign domination or events seriously disturbing public order in a part of or in the whole of that country. (2) Where necessary, the Minister shall take such steps as he or she considers appropriate to ensure that a person referred to in subsection (1) of this section gets admission into another country of his or her choice.

The officers of the Office, Resident District Commissioners, Chief Administrative Officers, Immigration Officers, District Internal Security Officers and police officers not below the rank of inspector, shall be authorised officers for the purpose of this Act. (2) The Minister may, by notice published in the Gazette, designate any other public officer or any class of public officers to be authorised officers for the purposes of this Act. (3) An authorised officer shall in the implementation of any provision of this Act consult the Refugee Eligibility Committee and the office responsible for refugees. (4) An authorised officer may, for the purposes of exercising the powers and carrying out his or her duties under this Act, and bearing

A search of any person or property under subsection (3)(a) of this section shall not be conducted unless the authorised officer concerned has reasonable grounds to believe that the search is necessary for the prevention, investigation or detection of- (a) a contravention of this Act; or (b) a fraudulent misstatement or concealment by a recognised refugee, asylum seeker or person claiming to be a refugee under this Act or any member of the family of that person, of any fact relevant to his or her identity or status.

Where a woman is to be searched under subsection (3) (a), the search shall only be done by an authorised woman officer and shall be conducted with strict regard for decency, and where there is no authorised woman officer available, the search shall be done by a woman specially named for the purpose by an authorised officer.

The Minister may, in accordance with the Constitution and any other law, by notice published in the Gazette, designate places or areas on public land to be transit centres or refugee settlements for the purposes of-

An applicant or refugee who may wish to stay in a place other than the designated places or areas may apply to the Commissioner for permission to reside in any other part of Uganda.

A refugee who is authorised to stay in a place other than a designated place or area under subsection (2) of this section, may be required to report to the local or urban council of the area or to an authorised officer from time to time.

The Commissioner shall, in collaboration with and the support of non-governmental organisations, the UNHCR, international organisations and the international community-

A recognised refugee who voluntarily wishes to be repatriated shall express his or her wish in writing to the Commissioner who shall, in consultation with UNHCR cause arrangements to be made for the repatriation of that refugee.

Subject to subsection (2) of this section, any carrier who knowingly carries or transports into Uganda a person without a valid travel document is liable to the punishment prescribed under the law in force in Uganda relating to immigration and is, in addition, responsible for carrying that person out of Uganda at his or her expense.

Nothing in this section shall be construed as preventing a carrier from carrying or transporting into Uganda a refugee whom he or she has reasonable grounds to believe is genuinely seeking asylum.

For the purposes of this section, "carrier" means a person who is in charge of a ship, aircraft, train or vehicle arriving from any place outside Uganda;

The Minister may, by statutory instrument, make regulations prescribing matters-

Without prejudice to the generality of subsection (1) of this section, regulations made under subsection (1) shall provide for- (a) the exercise of the right of appeal conferred by this Act;

The Control of Alien Refugees Act, Cap. 62, is repealed.

Notwithstanding the repeal under subsection (1) of this section-

In electing the Leader of the Opposition the party to which he or she belongs may consult other political parties in opposition to the Government and the independent members of Parliament.

A person elected Leader of the Opposition under this section shall take office upon a formal announcement by the Speaker.

The principal role of the Leader of the Opposition is to keep the government in check. (2) The Leader of the Opposition shall under subsection (1), in consultation with his or her party leadership appoint a shadow cabinet from members of the opposition in Parliament with portfolios and functions that correspond to those of Cabinet Ministers.

The Leader of the Opposition shall be a member of the Committee of Parliament responsible for determining and scheduling of business in Parliament and the Committee responsible for appointments and shall hold regular consultations with the Leader of Government Business and the Speaker.

The Leader of the Opposition shall study all policy statements of government with his or her shadow ministers and attend committee deliberations on policy issues and give their party's views and opinions and propose possible alternatives.

The Leader of the Opposition being a member of Parliament shall enjoy all benefits and privileges of a member of Parliament.

The benefits and privileges of the Leader of the Opposition shall be the same as those of a Cabinet Minister.

There shall be in Parliament a Government Chief Whip appointed by the Government from among members of Parliament representing the ruling party.

The role and functions of the Government Chief Whip is to ensure due attendance, participation in proceedings and voting in Parliament of members of the ruling party.

The Government Chief Whip shall also perform such functions as may be prescribed by the Rules of Procedure of Parliament.