Appropriation Act

A person shall not use a geographical indication in the designation or presentation of goods-

The following acts as they relate to geographical indications are prohibited-

The following shall not be protected as a geographical indication- (a) an indication that does not comply with the definition of a geographical indication under section 2 ; (b) an indication that is contrary to public order or morality; (c) an indication which is contrary to public interest, in particular national security, nutrition, health, environmental conservation, or the development of other vital sector of the national economy; (d) an indication which ceases to be protected in its country of origin; (e) an indication which misleads or deceives the public as to the characteristic, nature, quality, place of origin, process of production of the product or its use;

The Registrar General appointed under the Uganda Registration Services Bureau Act, Cap. 210 shall be the registrar of geographical indications for the purpose of this Act.

The Board of Directors of the Uganda Registration Services Bureau shall appoint such number of officers as may be necessary for the efficient discharge of the duties and functions of the registrar of geographical indications under this Act.

The officers appointed under subsection (2) shall perform such duties and functions and exercise such powers as the registrar may lawfully perform or exercise under this Act.

The registrar may delegate to any officer appointed under subsection (2) the exercise or performance of any of the functions or duties conferred to him or her under this Act.

The registrar shall have a seal which he or she shall affix to all certificates issued by him or her and all such other documents that he may deem fit to seal under this Act.

When the seal is lawfully affixed to a document and the same is duly authenticated by the registrar, it shall be judicially and officially noticed.

The registrar shall establish and maintain a register of geographical indications and shall receive applications for registration.

A geographical indication shall be entered on the register where-

In determining whether a geographical indication is registrable, the registrar shall consider quality, reputation or other characteristics attributable to natural factors or human factors or a combination of natural factors and human factors. (4) The name of the place of origin of goods may be a traditional or historical name of the country, region or locality that is the place of origin of the goods. (5) Registration of a geographical indication shall be prima facie evidence that the owner of the registration is entitled to use the registered geographical indication on the goods described in the application and that the goods originate from the place stated in, and have the qualities described in the registration.

An application for the registration of a geographical indication shall be made in the prescribed form and shall be accompanied by the prescribed fee. (2) The application referred to in subsection (1) shall specify- (a) the name, address and nationality of the applicant and the capacity in which the applicant is applying for registration; (b) the geographical indication for which registration is sought; (c) the geographical areas to which the geographical indication applies; (d) the goods for which the geographical indication applies; and Act 8 Geographical Indications Act 2013 (e) the quality, reputation or other characteristic of the goods for which the geographical indication is used.

The following shall have the right to file an application to register a geographical indication- (a) a legal entity carrying on an activity as producers, farmers, artisans or whatever the case may be in the geographical area specified in the application, with respect to the product specified in the application; (b) a group of representative producers; or (c) in respect to an indication with national character, any competent authority as provided for under the regulations. (4) An application for registration of a geographical indication may be filed by an agent.

Where an applicant's ordinary residence or principal place of business is outside Uganda, he shall be represented by an agent.

The registrar shall cause the examination of the application referred to in section 8 in accordance with regulations made under this Act and where the conditions for registration referred in section 8 are met, shall accept the application. (2) Where the registrar finds that conditions for registration have not been met, the applicant may be invited to supplement or amend the application, in accordance with regulations made under this Act.

Where an application for registration of geographical indication has been accepted absolutely or subject to conditions or limitations, the registrar shall as soon as possible, cause the application, to be published in the prescribed manner for 60 days and the publication shall set forth all conditions and limitations, subject to which the application is accepted.

Where an application for registration has been rejected, the registrar shall give reasons for rejection.

A person whose application has been rejected shall have a right to reapply.

A person may, within the prescribed time from the date of publication of an application, give notice of objection to the registration of a geographical indication to the registrar. (2) The notice shall be given in writing in the prescribed manner and shall include a statement on the grounds of objection.

The registrar shall send a copy of the notice to the applicant and within the prescribed time after receipt, the applicant shall send to the registrar, in the prescribed manner, a counter statement of the grounds on which he or she relies for his or her application and if he or she does not do so, he or she shall be taken to have abandoned his or her application.

If the applicant sends a counterstatement, the registrar shall furnish a copy of the counter statement to the person giving the statement of objection and shall, after hearing the parties, if so required and considering the evidence, decide whether and subject to what conditions or limitations registration is to be permitted.

On appeal under this section, no further grounds of objection to the registration of a geographical indication shall be allowed to be taken by the person objecting or the registrar, other than those stated by the person objecting, except by leave of court.

Where any further grounds of objection are taken, the applicant shall be entitled to withdraw his or her application without payment of the costs of the person objecting on giving notice as prescribed.

On hearing the appeal, the court may permit the geographical indication proposed, to be registered and modified in a manner not substantially affecting its identity and the modified geographical indication shall be published in the prescribed form before being registered.

Where a person who gives notice of an objection or an applicant who sends a counter statement after receipt of a copy of a notice or an appellant, does not reside or carry on business in the East African Community, the court or the registrar may require him or her to give security for costs of proceedings before the court or the registrar relating to the objection or to the appeal, as the case may be, and if the security is not given may treat the objection or application or the appeal as abandoned.

A person may apply to the registrar for the removal from the register or alteration of the conditions of registration of a registered geographical indication.

The application referred to in subsection (1) shall be in the prescribed form, shall set out the reasons for the proposed removal or alteration and shall be accompanied by the prescribed fee.

A person may apply to the court to invalidate a geographical indication on the ground that one or more of the conditions for protection have not been met or have ceased to exist.

The procedure for invalidation of a geographical indication shall be in a manner prescribed by the regulations under this Act.

Any interested party may institute proceedings in court to prevent the unlawful use of a geographical indication.

The owner of a registered geographical indication has the right to-

Registration of a geographical indication shall be effective for a period of ten years from the date of registration. (2) Registration may be renewed for a period of ten years for an unlimited number of times, by filing an application for renewal during the final year of the term. (3) An application for renewal shall be made in the prescribed form and shall be accompanied by the prescribed fee.

The registration of a trademark for wines which contains or consists of a geographical indication identifying wines, or of a trademark for spirits which contains or consists of a geographical indication identifying spirits, shall be refused or invalidated by the registrar on the registrar's motion or at the request of an interested party with respect to the wines or spirits not having that origin.

A certification mark shall be subject to the protection provided for geographical indications. (2) An application to register a certification mark may, upon the request of the applicant, be freely converted to an application to register a geographical indication. (3) An application to register a geographical indication may, upon request of the applicant, be freely converted to an application to register a certification mark. (4) The conversion of an application under subsection (2) or (3) is subject, in each case, to the payment of the prescribed fee and examination in accordance with regulations made under this Act for the registration requested.

Except as expressly provided to the contrary, any person who uses, in Uganda, a geographical indication in a manner specified under section 4 is liable in a civil action by any person aggrieved by use or by the owner of the geographical indication.

A person aggrieved by the use of a geographical indication referred to in subsection (1) is entitled to request that the court issue an order-

The court may make an order for the seizure, confiscation, forfeiture or disposal of items upon which a geographical indication is placed or used in contravention of section 4 , including materials and implements, the predominant use of which has been in the commission of violation, without compensation or any payment to the person from whom they have been taken. (2) Where the court in a civil action finds that a registered geographical indication has been used in contravention of section 18 , the court may make an order requiring the delivery of the following items to the court or to the plaintiff for destruction- (a) labels; (b) signs; (c) prints; (d) products; (e) packages; (f) wrappers; (g) receptacles; (h) advertisements; and (i) other material in the defendant's possession or control that bear the registered geographical indication.

The court may order the closure of business, the predominant activity of which has involved the contravention of section 4 .

The court may issue a public notice of the order referred to in subsection (4) by publication in a newspaper of wide circulation.

The court may permit the business referred to in subsection (4) to be reopened upon proof by the owner of the business that he or she has taken steps to conduct the activities of the business without contravening section 4 .

A person who has reason to suspect that goods may be imported in contravention of section 4 may file a written petition to the court for a temporary order requiring the Uganda Revenue Authority to suspend the importation of the goods.

Subsection (1) shall not apply to the importation of small quantities of goods of a non-commercial nature.

The owner, importer or consignee of goods the entry of which has been prohibited under this section may appeal to court.

The temporary order referred to in subsection (1) shall not be effective until the petitioner submits a bond, warranty, surety or other security in an amount sufficient to indemnify the owner, importer or consignee of the goods for any damage for wrongful detention of the goods.

The court may extend the period referred to in subsection (5) by an additional ten working days.

For purposes of this Act- "public meeting" means a gathering, assembly, procession or demonstration in a public place or premises held for the purposes of discussing, acting upon, petitioning or expressing views on a matter of public interest. (2) A public meeting does not include- (a) a meeting convened and held exclusively for a lawful purpose of any public body; (b) a meeting of members of any registered organisation, whether corporate or not, convened in accordance with the constitution of the organisation and held exclusively for a lawful purpose of that organisation; (c) a meeting of members of a trade union;

For the purpose of subsection (2), a public body includes Government or any department of Government, a local government, a body established by the Constitution or an Act of Parliament, a registered political party or political organisation or a registered trade union.

An organizer shall give notice in writing signed by the organiser or his or her agent to the authorised officer of the intention to hold a public meeting, at least three days but not more than fifteen days before the proposed date of the public meeting. (2) The notice referred to in subsection (1) shall be in Form A in Schedule 2 and shall include- (a) the full name and physical and postal address of the organiser of the proposed public meeting and his or her immediate contact; (b) where applicble indication of the consent of the owner of the venue where the proposed public meeting is intended to take place; (c) the proposed date and time of the public meeting, which shall be between 7:00 a. m. and 7:00 p. m. but this time limit shall not apply to a town hall meeting;

In the absence of Form A referred to in subsection (2), the organizer shall give notice in writing containing the information required under Form A.

The notice to be given under this section shall be in triplicate and copies shall be given to the applicant and the proprietor of the venue where the public meeting shall be held.

Where a public meeting is held, each of the persons organising it commits an offence if- (a) the requirements of this section as to notice have not been satisfied; or (b) the date when it is held, the time when it starts, or its route, differs from the date, time or route specified in the notice.

It is a defence for the accused to prove that he or she did not know, did not suspect or had no reason to suspect the failure to satisfy the requirements or the difference of date, time or route. (7) To the extent that an alleged offence turns on a difference of date, time or route, it is a defence for the accused to prove that the difference arose from circumstances beyond his control or from something done with the agreement of an authorised officer or by his direction.

An organiser or his or her agent who holds a public meeting without any resonable excuse and fails to comply with the conditions under this Act commits an offence of disobedience of statutory duty and is liable on conviction to the penalty for that offence under section 116 of the Penal Code Act.

'Upon receipt of a notice under Section 5 , where it is not possible to hold the proposed public meeting for reasons that-

The notification required under section 5 shall not apply to a spontaneous public meeting. (2) An authorised officer may direct any person participating in a procession meeting to disperse where- Act 9 Public Order Management Act 2013 (a) notice of another public meeting at the same venue, date and time has already been received by the authorised officer; or

For purposes of this section, "spontaneous public meeting" means an unplanned, unscheduled or unintended public meeting.

Subject to the directions of the Inspector General of Police, an authorised officer or any other police officer of or above the rank of inspector, may stop or prevent the holding of a public meeting where the public meeting is held contrary to this Act.

An authorised officer may, for the purposes of subsection (1), issue orders including an order for the dispersal of the public meeting, as are reasonable in the circumstances.

An authorised officer shall, in issuing an order under subsection (2), have regard to the rights and freedoms of the persons in respect of whom the order has been issued and the rights and freedoms of other persons.

A person who neglects or refuses to obey an order issued under this section commits the offence of disobedience of lawful orders and is liable on conviction to the penalty for that offence under section 117 of the Penal Code Act.

The police shall be responsible for preserving law and order before, during and after a public meeting.

For the purposes of subsection (1), the police shall- (a) provide security for both the participants and other members of the public likely to be affected by the public meeting; (b) ensure fairness and equal treatment of all parties by giving consistent responses to organisers of public meetings, or their agents in similar circumstances; (c) carry out risk assessment on all factors before the public meeting, and notify the organiser or his or her agent accordingly;

An organiser or his or her agent shall-

A person who participates in a public meeting shall act in a manner that ensures that obstruction of traffic, confusion or disorder is avoided.

A person who contravenes this section commits an offence and is liable on conviction to a fine not exceeding 24 currency points or imprisonment not exceeding 12 months or both.

A person convicted of an offence under subsection (3) shall pay compensation to a party or person who has suffered loss or damage as a result of the conduct of the convicted person.

Where the Minister is of the opinion that it is desirable in the interests of public order, the Minister may, by statutory instrument declare that in any particular area in Uganda referred to as a gazetted area, it is unlawful for any person or persons to convene a public meeting.

A person shall not enter any of the places specified in Schedule 3 unless he or she has obtained permission from an authorised officer. (2) The Minister may, by statutory instrument, made with the approval of Parliament, amend Schedule 3. (3) A person who contravenes this section commits an offence and is liable, on conviction, to imprisonment for a term not exceeding two years or to a fine not exceeding forty eight currency points or to both.

The Minister may, by statutory instrument, make regulations generally for the better carrying into effect of the provisions or purposes of this Act. (2) The Minister may in any regulations made under this Act, prescribe for a contravention of the regulations, a fine not exceeding twenty four currency points or imprisonment not exceeding one year or both and in case of a continuing offence, prescribe an additional fine not exceeding ten currency points for each day on which the offence continues. (3) The Minister may, in addition to any penalty prescribed under subsection (2), prescribe a requirement that anything used in the commission of an offence shall be forfeited to the State. (4) Regulations made under this section shall, before taking effect, be laid before Parliament for approval.

There is established a National Building Review Board.

The Board shall consist of- (a) one representative of the department responsible for building works; (b) one representative of the department responsible for physical planning;

The Minister shall appoint the members of the Board and shall designate as Chairperson of the Board, one of the members. (4) The members of the board shall be eminent persons of good repute and standing in society, who are qualified and experienced or who possess specialized knowledge in matters relating to their respective fields. (5) A member of the Board shall hold office on terms and conditions specified in his or her instrument of appointment.

A member of the Board shall hold office for three years and is eligible for reappointment for one more term.

The Minister shall appoint the first members of the Board within six months after the coming into force of this Act.

A member of the Board may, at any time, resign his or her office by letter addressed to the Minister.

A member of the Board may be removed from office by the Minister at any time if the member- (a) is inefficient or incompetent; (b) is incapacitated by mental or physical illness that renders him or her incapable of performing the functions of member of the Board; (c) has been absent for more than four consecutive meetings of the Board, or is absent from Uganda for more than twelve months without reasonable cause; (d) is declared bankrupt; or (e) where a member ceases to be a member of the body which nominated him or her.

The Minister may terminate or suspend the Board- (a) for misappropriation of the funds of the Board; and (b) for failure to implement the functions of the Board under this Act.

Where a vacancy occurs in the membership of the Board, the Minister may appoint another person qualified in terms of section 4 to fill that vacancy.

Where a person is appointed to fill a vacancy under subsection (1), that person shall hold office for the remainder of the term of the previous member and, subject to this Act, is eligible for re-appointment.

The official seal of the Board shall be in a form determined by the Board and shall be kept in the custody of the Secretary. (2) The official seal shall, when affixed to any document, be authenticated by the signatures of the Chairperson and the Secretary.

A person performing the functions of the Secretary shall sign in the absence of the Secretary. (5) A contract or instrument which if entered into or executed by a person not being a body corporate would not be required to be under seal, may be entered into or executed without seal on behalf of the Board by the Secretary or any other person authorised for that purpose by the Board.

Every document purporting to be- (a) an instrument issued by the Board and sealed with the official seal of the Board and authenticated in the manner prescribed by this section; or (b) a contract or instrument entered into or executed under subsection (5); shall be received in evidence as such an instrument without further proof, unless the contrary is proved.

The Board may co-opt any person who, in the opinion of the Board, has expert knowledge concerning the functions of the Board and who is likely to be of assistance to the Board, to attend and take

The Board may appoint committees to advise it on any matter concerning the functions of the Board as the Board may determine.

A committee appointed under subsection (1) shall consist of a Chairperson who shall be a member of the Board and such other persons, whether members of the Board or not, as the Board may determine.

The Board may delegate any of its functions under this Act to a committee appointed under this section, subject to any limitations imposed by the Board.

The Board may require any committee appointed under this section to act jointly or in co-operation with any other committee.

Subject to any direction given by the Board, a committee appointed under this section may regulate its own procedure.

Members of a committee appointed under this section may be paid such allowances as the Board may, with the approval of the Minister, determine.

The Executive Secretary of the Board shall be appointed by the Board on terms and conditions specified in the instrument of appointment. (2) The Executive Secretary shall be a person with professional qualifications and experience in law, management or public administration.

The Executive Secretary shall be the chief executive officer of the Board and is responsible for the day-to-day operations and administration of the Board. (2) Subject to this Act and to the general supervision and control of the Board, the Executive Secretary is responsible for- (a) the implementation of the policies and programmes of the Board; (b) the funds and property of the Board; (c) the organisation and control of the staff of the Board; and (d) performing any other duty that may be assigned to him or her by the Board. (3) The Executive Secretary shall, in addition to his or her functions, be the secretary to the Board and shall- (a) take the minutes of meetings of the Board and keep a record of all the transactions of the Board; (b) have custody of the seal of the Board; and (c) carry out such other functions as the Board may assign to him or her. (4) The Executive Secretary is, in the performance of his or her functions, answerable to the Board. (5) The Executive Secretary shall cease to hold office if- (a) he or she resigns; (b) he or she is removed from office by the Board for- (i) inability to discharge the functions of his or her office arising out of physical or mental illness;

The Board may appoint other officers and staff of the Board as may be necessary for the effective performance of the functions of the Board.

The employees appointed under subsection (1) shall hold office on such terms and conditions as may be specified in their instruments of appointment.

The Board may, on the advice of the Executive Secretary, engage the services of experts and consultants in respect of any functions of the Board with which they are considered to have special competence.

Experts and consultants engaged under subsection (1) may be paid such fees and allowances, and may be afforded such facilities as the Board may determine.

The funds of the Board shall consist of- Act 10 Building Control Act 2013 (a) money appropriated by Parliament for the purposes of the Board; (b) fees charged for services rendered by the Board under this Act; and (c) grants, gifts or donations from the Government or other sources made with the approval of the Minister responsible for finance. (2) Any fees received by the Board from the services rendered by the Board and other activities under this Act shall be retained by the Board in a fund established for the purpose, in accordance with the Public Finance and Accountability Act, for purposes of defraying the expenses of the Board and for the effective implementation of this Act.

The Board shall open and operate such bank accounts as are necessary for the performance of its functions. (2) The Board shall ensure that all money received by or on behalf of the Board is deposited in the bank as soon as practicable after being received. (3) The Board shall ensure that no money is withdrawn from or paid out of any of the Board's bank accounts without the authority of the Board.

The Executive Secretary shall, within three months before the end of each financial year, cause to be prepared and submitted to the Board for its approval, estimates of the expenditure of the Board for the next financial year. (2) The Board shall, within two months after receipt of the estimates referred to in subsection (1) cause to be submitted to the Minister for his or her approval, the estimates of income and expenditure as approved by the Board.

The Executive Secretary shall cause to be kept, proper books of accounts and records of the transactions of the Board.

Subject to any direction given by the Minister, the Board shall cause to be prepared and submitted to the Minister responsible for finance in respect of each financial year, and not later than three months after the end of the financial year, a statement of accounts, which shall include-

The Auditor General or an auditor appointed by the Auditor General shall, in each financial year, audit the accounts of the Board.

The Board shall ensure that within four months after the end of each financial year, a statement of accounts described in section 24 is submitted for auditing to the Auditor-General or an auditor appointed by the Auditor General.

The Auditor General and any auditor appointed by the Auditor General shall have access to all books of accounts, vouchers and other financial records of the Board, and is entitled to any information and explanation required in relation to those records.

There is established for each District and for each Urban Authority, a Building Committee which shall be a committee of the District or the Urban Council respectively. (2) A Building Committee established under subsection (1) shall, in the case of a District Council, consist of- (a) the Chief Administrative Officer; (b) the Town Clerk; (c) the Chairperson of the Planning and Development Committee of the District Council; (d) the officer responsible for physical planning; (e) the officer responsible for health; (f) the officer responsible for engineering; (g) the officer responsible for land management;

The Chairperson of the Planning and Development Committee of the District Council shall be the Chairperson of the District Building Committee. (4) A Building Committee established under subsection (1) shall, in the case of an Urban Authority consist of-

The Chairperson of the Urban Planning and Development Committee of the Urban Council shall be the Chairperson of the Urban Building Committee.

The functions of Building Committees are-

A Building Committee may, in writing, delegate to a competent person, any function conferred upon it by or under this Act, other than the functions referred to in sections 29 (1)(b) and 41.

A Building Committee may co-opt any person who, in the opinion of the Committee, has expert knowledge concerning the functions of the Committee, which is likely to be of assistance to the Committee, to attend and take part in the proceedings of the Committee. (2) A person attending a meeting of the Building Committee under subsection (1) may take part in any discussion at the meeting on which his or her advice is required, but shall not have a right to vote at that meeting.

A person shall not carry out a building operation unless he or she has a valid building permit issued by a Building Committee. (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction to a fine not exceeding fifty currency points or imprisonment not exceeding two years, or both.

A person who intends to carry out a building operation shall apply to the Building Committee in the area in which he or she intends to carry out the building operation, for a building permit. (2) An application for a building permit shall be in a form prescribed by the Board, and shall- (a) contain the name and physical and postal address of the applicant; (b) be accompanied by the land title or other proof of ownership of the land; (c) where the applicant is not the owner of the land on which the building operation is to be carried out, contain the name of the landowner, the land title or other proof of ownership of the land and a statement of the legal relationship between the applicant and the landowner; (d) contain the name, registration number and a copy of the practising certificate of the architect and his or her signature, and official stamp of the Uganda Society of Architects and in the case of an engineer, a certificate of good structural practice;

Where the building is a multi-storied structure or building, the application shall include- (a) a structural design and plans, stamped by a registered structural engineer including the name, registration number and his or her signature, a copy of the registration certificate and a copy of the structural design calculations;

A Building Control Officer may, if he or she is of the opinion that an application made to a Building Committee under subsection (1) does not comply with the requirements of this Act, reject the application, giving reasons in writing for the rejection.

A Building Committee may, upon receipt of an application for a permit under section 35 , issue a building permit to the applicant within thirty days after the date of receipt of the application.

A Building Committee may refuse to issue a permit where the building operation in respect of which the permit is applied for- Act 10 Building Control Act 2013 (a) may constitute a change in land use different from that for which the land is designated; (b) may result in degradation of the environment in the area in which the building operation is to be carried out; (c) may cause the depreciation in value of adjoining or neighbouring properties;

Where the Building Committee rejects an application for a permit under subsection (2) the Committee shall, within thirty days after receipt of the application, notify the applicant, giving reasons, in writing, for the refusal.

A person whose application is rejected under subsection (3) may, after amending it as may be required by the Building Committee, submit it to the Building Committee for reconsideration.

Where the Building Committee is unable to reach a decision within thirty days as required by subsection (1), it shall, notify the applicant in writing of that fact, within fourteen days after the date of the meeting of the Committee, and shall indicate in the notice, a reasonable period within which it will be able to reach a decision, but in any case not later than sixty days from the date of the receipt of the application.

A building permit issued under this section may be issued upon such terms and conditions as the Building Committee may determine.

A person aggrieved by a decision of a Building Committee may appeal to the Board within thirty days after the date on which he or she receives notice of the decision of the Building Committee.

An appeal under subsection (1) shall be in writing by the applicant or by the agent of the applicant.

Where a Building Committee fails to issue a building permit within the period specified in section 36 , the applicant may appeal to the Board.

The right of appeal to the Board under this section does not take away the right of an applicant to appeal to a court of law and the court may confirm, reverse or modify the decision of the Board.

A building operation in respect of which a building permit is issued under section 36 shall commence within twelve months of the date on which the building permit is issued and shall be completed within a period of sixty months of the date on which the building operation was commenced. (2) Notwithstanding subsection (1), where a person, due to unforeseen circumstances, is unable to comply with the period of time specified in subsection (1), he or she shall apply to the Building Committee for extension of the time within which to complete the building operation and the Building Committee shall not unreasonably withhold the grant of extension.

A person intending to carry out minor building works shall apply, in writing, to a Building Control Officer for a building permit. (2) An application under subsection (1) shall be accompanied by a sketch plan with dimensions. (3) A Building Control Officer shall forward to the Building Committee for review, a copy of each application for a permit made under this section, and his or her decision on that application within five working days after his or her decision. (4) A permit for minor building works under this section- (a) may be issued upon such terms and conditions as may be prescribed by regulations; and (b) is valid for six months, within which time the building operation shall commence; except that the Building Control Officer may, on the application of the permit holder, for good cause, extend the period for six further months. (5) Where a Building Control Officer refuses to issue a permit or an extension permit under this section, the applicant may appeal to the Building Committee against the refusal.

A Building Committee may, by notice in writing, order any person to stop a building operation- (a) where the building operation is carried out in a manner which- Act 10 Building Control Act 2013 (i) is contrary to the provisions of this Act and the Code; and (ii) does not comply with health and sanitation requirements prescribed by regulations. (b) where the building is one to which the public is to have access but does not provide access for persons with disabilities as provided for in the Accessibility Standards. (c) if it is discovered, during the building operation, that the site is- (i) predisposed to flooding; or (ii) has a poor drainage system.

Where a Building Committee issues a notice to a person under subsection (1), the Committee may order that person to take remedial measures to the satisfaction of the Building Committee before continuing with the building operation. (3) A person who fails, without good cause, to comply with a notice issued under subsection (1) or an order given under subsection (2) commits an offence and is liable, on conviction, to a fine not exceeding seventy five currency points or imprisonment not exceeding three years or both.

A Building Committee may, where a building- (a) is in a state of disrepair; (b) is dilapidated; or (c) is showing signs of disrepair or dilapidation, by notice in writing, order the owner of the building to demolish the building or take remedial action on the building, as the case may be, to a standard determined by the Building Committee.

The Minister may, after consultation with the Board, and upon being satisfied that any method or material used in a building operation is not safe, by notice published in the Gazette, prohibit the use of that method or material in the building operation. (2) A person aggrieved by the decision of the Minister made under this section may appeal to the High Court. (3) A person who uses a prohibited method or material contrary to a notice issued under subsection (1), commits an offence and is liable, on conviction, to a fine of not exceeding forty eight currency points or imprisonment not exceeding two years, or both.

For the purposes of this Act, a Building Control Officer shall, at all reasonable times, have the right of entry onto any land or site where a building operation is being carried out, for the purpose of determining whether this Act is being complied with. Act 10 Building Control Act 2013 (2) A Building Control Officer may conduct tests on or carry out an inspection on any land or site on which a building operation is being carried out. (3) A Building Control Officer shall, upon request by the owner of the building or person in charge of a building operation whose site is entered by the Building Control Officer or authorised agent, produce his or her official identification card. (4) A person who hinders or obstructs a Building Control Officer in the exercise of his or her functions under this section, commits an offence and is liable, on conviction, to a fine not exceeding twenty five currency points or imprisonment not exceeding thirteen months or both.

Upon the completion of a building, the owner of the building shall- (a) notify the Building Committee of the practical completion of the building in accordance with the approved plans and the regulations; and (b) apply to the Building Committee for an occupation permit.

The Building Committee shall, within fourteen days after receipt of notification of completion of a building and receipt of an application for an occupation permit, examine the building, and may- (a) if satisfied that the building has been erected in conformity with the approved plans and regulations, issue an occupation permit; or

Any person who occupies or uses a building- Act 10 Building Control Act 2013 (a) before an occupation permit is issued, except where the occupation or use is essential for the erection of the building; (b) in any period not being the period in respect of which the occupation permit was issued; (c) in contravention of any condition on which an occupation permit was issued; or (d) otherwise than in such circumstances and conditions as may be prescribed by the Code, commits an offence and is liable, on conviction, to a fine not exceeding twenty four currency points.

Notwithstanding subsection (3) the Building Committee may issue an occupation permit in respect of a partially completed building, where it determines that the building is safe and adequate for human habitation. (5) An occupation permit issued under subsection (4) shall be valid for a period not exceeding twenty-four months and may be renewed upon application to the Building Committee.

The Minister may, after consultation with the Board, establish a Code to be known as the National Building Code.

The National Building Code shall include matters relating to-

) For the avoidance of doubt, the Minister shall establish the building code under this section not later than six months after the commencement of this Act.

The Minister may request a Building Committee to furnish him or her with a report on-

Where the Minister is not satisfied with the report of a Building Committee submitted under subsection (1), the Minister may request the Board to furnish a report on that subject.

The Minister may, on the advice of the Board, by statutory instrument, make regulations generally for the better carrying into effect of the provisions of this Act.

Without prejudice to the general effect of subsection (1), regulations made under this section may-

The Minister may, by statutory instrument, with the approval of Cabinet, amend Schedule 1. (2) The Minister may, by statutory instrument, amend Schedules 2 and 3.

A building which is completed, or in respect of which any building operation is commenced before the coming into force of this Act and which does not conform to the standards prescribed by this Act shall, within a period prescribed by the Minister on the advice of the Board be adjusted so as to bring it in conformity with this Act. (2) An occupation permit in respect of adjustments to be made under subsection (1) shall be obtained within a period prescribed by the Building Committee. (3) An application for a permit made to a building authority before the commencement of this Act shall, on the commencement of this Act, be considered as an application made to a Building Committee established by this Act. (4) Subject to this Act, a building permit issued by a building authority before the coming into force of this Act shall be deemed to have been issued under this Act.

This Act shall take precedence over any other Act or instrument in existence, relating to building operations, before the coming into force of this Act and any such Act or instrument shall, to the extent to which it is inconsistent with this Act or an instrument made under this Act be deemed to be modified to accord with this Act. (2) For the avoidance of doubt, where a provision of any enactment referred to in subsection (1) conflicts with a provision of this Act, this Act shall prevail.

The Chairperson shall convene every meeting of the Board at a time and place as the Board may determine and the Board shall meet for the discharge of business at least once in every two months. (2) The Chairperson may, at any time, convene a special meeting of the Board and shall call a meeting within fourteen days, if requested to do so in writing by at least five members of the Board. (3) The Chairperson shall preside at every meeting of the Board and in the absence of the Chairperson, the members present shall elect one of their number to preside at that meeting.

The quorum for a meeting of the Board is two-thirds of the members. (2) All questions proposed at a meeting of the Board shall be decided by a majority of the votes of the members present and voting and in case of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his or her deliberative vote.

The Secretary shall keep the minutes of all the meetings of the Board in a form approved by the Board. (2) The minutes recorded under this paragraph shall be submitted to the Board at its next meeting following that to which the minutes relate and when confirmed, shall be signed by the Chairperson and the Secretary in the presence of the members present at the latter meeting.

A member of the Board who is in any way directly or indirectly interested in a contract made or proposed to be made by the Board, or in any other matter which falls to be considered by the Board, shall disclose the nature of his or her interest at a meeting of the Board.

A disclosure made under subparagraph (1) shall be recorded in the minutes of that meeting.

A member who makes a disclosure under subparagraph (1) shall not, unless the Board decides otherwise-

For purposes of determining whether there is a quorum, a member withdrawing from a meeting or who is not taking part in a meeting under paragraph (3)(b) shall be treated as being present.

The Chairperson of a Building Committee shall convene every meeting of a Building Committee at times and places as the Building Committee may determine and the Building Committee shall meet for the discharge of business at least once in every two months. (2) The Chairperson may, at any time, convene a special meeting of the Building Committee and shall also call a meeting within fourteen days, if requested to do so in writing by at least six members of the Building Committee. (3) The Chairperson shall preside at every meeting of the Building Committee and in the absence of the Chairperson, the members present shall elect one of their number to preside at that meeting

The quorum for a meeting of a Building Committee is two-thirds of the members including at least one member of the District Executive Committee in the case of a District Building Committee or one executive member of the Urban Planning and Development Committee in the case of an Urban Building Committee. (2) All questions proposed at a meeting of the Building Committee shall be decided by a majority of the votes of the members present and voting and in case of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his or her deliberative vote.

The Building Committee shall cause to be kept minutes of all the meetings of the Building Committee in a form approved by the Building Committee. (2) The minutes recorded under this paragraph shall be submitted to the Building Committee at its next meeting following that to which the minutes relate and when confirmed, shall be signed by the Chairperson and the Secretary at that meeting in the presence of the members present at the latter meeting.

A member of a Building Committee who is in any way directly or indirectly interested in a contract made or proposed to be made by a Building Committee, or in any other matter which falls to be considered by the Building Committee, shall disclose the nature of his or her interest at the meeting of the Building Committee.

A disclosure made under subparagraph (1) shall be recorded in the minutes of that meeting.

A member who makes a disclosure under subparagraph (1) shall not, unless the Building Committee decides otherwise-

For purposes of determining whether there is a quorum, a member withdrawing from a meeting or who is not taking part in a meeting under paragraph (3)(b) shall be treated as being present.

For section 11 of the principal Act there is substituted the following- "11. Director. (1) The Minister shall appoint a director to be the chief executive officer of the bureau on the recommendation of the Board. (2) The director shall be a person of high moral character and proven integrity, with the relevant qualifications and experience relating to the functions of the bureau. (3) The director shall hold office for four years and is eligible for re-appointment for one more term only.

The director shall cease to hold office if- (a) he or she resigns; (b) he or she has been adjudged or declared bankrupt under any law in force in Uganda and has not been discharged; (c) he or she is convicted of a criminal offence, in Uganda or elsewhere, in respect of which the maximum penalty exceeds six months imprisonment without the option of a fine.

The director may be removed from office by the Minister on the recommendation of the Council for- (a) inability to perform the functions of his or her office arising from infirmity of body or mind;

Where any goods have been seized under this Act, the goods may be destroyed or otherwise disposed of by court order at the cost of the importer of the goods or the person found trading in the goods and from whom goods were seized.

Where goods seized under this Act are perishable, they may be destroyed without a court order at the cost of the importer of the goods or the person found trading in the goods or commodities.

In this section "perishable" means liable to spoil or decay having regard to the standards prescribed in relation to the goods under this Act.