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Auctioneers Act

Ordinance 11 of 1916 Current version · as at 31 December 2000

An Act relating to auctioneers.

Enacted1916
Commenced1 January 1917
Last amended28 July 2023Act 17 of 2023
Point-in-time consolidation · as at 31 December 2000. This page may not reflect amendments made after that date. Confirm the current position against the latest Uganda Gazette before relying on it.

About this Act

An Act relating to auctioneers.

Jurisdiction
Uganda
Type
Principal Legislation
Status
In force
Language
English

Amendments

1 amending instrument
  1. 28 July 2023 Law Revision (Miscellaneous Amendments) Act, 2023 Act 17 of 2023

Full text of the Act

3 parts · 18 sections · 2 Schedules

Enhanced Annotated View adds approved, source-linked propositions, operative requirements, judicial passages, related provisions, amendment notes and authority status. Choose Original PDF to inspect the source consolidation.

Uganda

Auctioneers Act

Commenced on 1 January 1917

[This is the version of this document at 31 December 2000.]

An Act relating to auctioneers.

Part I

1. Interpretation

In this Act, unless the context otherwise requires (a) "auctioneer" includes every person selling by auction;

(b)

"licensing authority" means-

(i)

in respect of any city, municipality or town, its council or board; and

(ii)

in respect of places outside a city, municipality or town, the chief executive officer of the administration;

(c)

"owner" includes any person lawfully entitled to sell any property.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Interpretation”.

“In this Act, unless the context otherwise requires (a) "auctioneer" includes every person selling by auction;”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Interpretation”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (b) "licensing authority" means-
  2. (i) in respect of any city, municipality or town, its council or board; and
  3. (ii) in respect of places outside a city, municipality or town, the chief executive officer of the administration;
  4. (c) "owner" includes any person lawfully entitled to sell any property.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
2. Business of auctioneer

Every person who sells or offers for sale any movable or immovable property or any interest in the property at any sale or roup where any person becomes or may become the purchaser of the property or interest in the property by competition and being the highest bidder, either by being the sole bidder, or increasing upon the biddings made by others, or decreasing on sums named by the auctioneer or person acting as auctioneer or other person at the sale, or by any other mode of sale by competition shall be deemed to carry on the business of an auctioneer

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Business of auctioneer”.

“Every person who sells or offers for sale any movable or immovable property or any interest in the property at any sale or roup where any person becomes or may become the purchaser of the property or interest in the property by competition and being the highest bidder, either by being the sole bidder, or increasing upon the biddings made by others, or decreasing on sums named by the auctioneer or person acting as auctioneer or other person at the sale, or by any other mode of sale by competition shall be deemed to…”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Every person who sells or offers for sale any movable or immovable property or any interest in the property at any sale or roup where any person becomes or may become the purchaser of the property or interest in the property by competition and being the highest bidder, either by being the sole bidder, or increasing upon the biddings made by others, or decreasing on sums named by the auctioneer or person acting as auctioneer or other person at the sale, or by any other mode of sale by competition shall be deemed to carry on the business of an auctioneer
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part II

3. Auctioneers to be licensed
(1)

Except as provided in section 17 , no person shall carry on the business of an auctioneer without being licensed for that purpose for that purpose under this Act either by a general licence or by a local licence applicable to the place at which he or she is carrying on the business.

(2)

Any person contravening this section commits an offence and is liable on conviction to a fine not exceeding one thousand five hundred shillings.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Auctioneers to be licensed”.

“(1) Except as provided in section 17, no person shall carry on the business of an auctioneer without being licensed for that purpose for that purpose under this Act either by a general licence or by a local licence applicable to the place at which he or she is carrying on the business.”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) Except as provided in section 17, no person shall carry on the business of an auctioneer without being licensed for that purpose for that purpose under this Act either by a general licence or by a local licence applicable to the place at which he or she is carrying on the business.
  2. (2) Any person contravening this section commits an offence and is liable on conviction to a fine not exceeding one thousand five hundred shillings.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Section 17 · Auctioneer's licence not necessary in certain cases
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
4. Licences, general and local

Licences shall be of two kinds (a) general, authorising the licensee to carry on the business of an auctioneer anywhere in Uganda;

(b)

local, authorising the licensee to carry on the business of an auctioneer only in the place named in the licence.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Licences, general and local”.

“Licences shall be of two kinds (a) general, authorising the licensee to carry on the business of an auctioneer anywhere in Uganda;”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (b) local, authorising the licensee to carry on the business of an auctioneer only in the place named in the licence.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
5. General licences required for certain places
(1)

No local licence shall authorise any person to carry on the business of an auctioneer in Entebbe, Kampala or Jinja, and that business may be carried on in any of those places only by the holder of a general licence.

(2)

The Minister may, by statutory instrument, add any other place to those named in this section.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “General licences required for certain places”.

“(1) No local licence shall authorise any person to carry on the business of an auctioneer in Entebbe, Kampala or Jinja, and that business may be carried on in any of those places only by the holder of a general licence.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) No local licence shall authorise any person to carry on the business of an auctioneer in Entebbe, Kampala or Jinja, and that business may be carried on in any of those places only by the holder of a general licence.
  2. (2) The Minister may, by statutory instrument, add any other place to those named in this section.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
6. Granting of licences discretionary

The licensing authority may grant or withhold any licence at its discretion subject to appeal to the Minister

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Granting of licences discretionary”.

“The licensing authority may grant or withhold any licence at its discretion subject to appeal to the Minister”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. The licensing authority may grant or withhold any licence at its discretion subject to appeal to the Minister
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
7. Security may be required

Before a licence is granted the applicant shall, if so required by any rules made under this Act, give security in such form and in such amount as may be prescribed to answer for the faithful discharge of his or her office

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Security may be required”.

“Before a licence is granted the applicant shall, if so required by any rules made under this Act, give security in such form and in such amount as may be prescribed to answer for the faithful discharge of his or her office”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Before a licence is granted the applicant shall, if so required by any rules made under this Act, give security in such form and in such amount as may be prescribed to answer for the faithful discharge of his or her office
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
8. Fees

The fees specified in the First Schedule to this Act shall be payable for licences granted under this Act

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Fees”.

“The fees specified in the First Schedule to this Act shall be payable for licences granted under this Act”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. The fees specified in the First Schedule to this Act shall be payable for licences granted under this Act
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
9. Expiration of licences

All annual licences shall expire on the 31st December in each year, unless previously revoked; and all half-yearly licences shall expire on the 30th June or 31st December following the date of issue, unless previously revoked

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Expiration of licences”.

“All annual licences shall expire on the 31st December in each year, unless previously revoked; and all half-yearly licences shall expire on the 30th June or 31st December following the date of issue, unless previously revoked”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. All annual licences shall expire on the 31st December in each year, unless previously revoked; and all half-yearly licences shall expire on the 30th June or 31st December following the date of issue, unless previously revoked
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
10. Forms

Licences shall be in one of the forms set forth in the Second Schedule to this Act, with such alterations as may be necessary

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Forms”.

“Licences shall be in one of the forms set forth in the Second Schedule to this Act, with such alterations as may be necessary”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Licences shall be in one of the forms set forth in the Second Schedule to this Act, with such alterations as may be necessary
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part III

11. Auctioneers to accept the sale of all property offered by owners
(1)

Every licensed auctioneer shall, on the requisition of the owner of the property, accept the sale of all property which he or she is not prohibited by law from selling, which may be offered to him or her for sale in the place in which he or she carries on his or her ordinary business as an auctioneer, and shall sell the property within such time as the owner may require, or as soon thereafter as is possible, having regard to the sale of other property with which he or she has been entrusted; except that the auctioneer shall not be bound to sell the property sooner than seven days after he or she has accepted the sale of the property.

(2)

Nothing in this section shall be held to restrict any auctioneer from selling at the same sale the property of more than one owner, so as the goods are lotted consecutively and in such manner that no owner's goods may become mixed with the goods of any other owner.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Auctioneers to accept the sale of all property offered by owners”.

“(1) Every licensed auctioneer shall, on the requisition of the owner of the property, accept the sale of all property which he or she is not prohibited by law from selling, which may be offered to him or her for sale in the place in which he or she carries on his or her ordinary business as an auctioneer, and shall sell the property within such time as the owner may require, or as soon thereafter as is possible, having regard to the sale of other property with which he or she has been entrusted; except that the…”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) Every licensed auctioneer shall, on the requisition of the owner of the property, accept the sale of all property which he or she is not prohibited by law from selling, which may be offered to him or her for sale in the place in which he or she carries on his or her ordinary business as an auctioneer, and shall sell the property within such time as the owner may require, or as soon thereafter as is possible, having regard to the sale of other property with which he or she has been entrusted; except that the auctioneer shall not be bound to sell the property sooner than seven days after he or she has accepted the sale of the property.
  2. (2) Nothing in this section shall be held to restrict any auctioneer from selling at the same sale the property of more than one owner, so as the goods are lotted consecutively and in such manner that no owner's goods may become mixed with the goods of any other owner.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
12. Restriction on certain sales
(1)

No auctioneers licence shall authorise any person to sell any intoxicating liquor contrary to the provisions of the Liquor Act, or any enactment amending or in substitution for that Act.

(2)

Except as may be otherwise provided by law, no auctioneers licence shall authorise any person to deal in or sell, either on account of or for the benefit of himself or herself or of any other person, anything the dealing in or sale of which is prohibited to persons other than those duly licensed, registered, or otherwise authorised for that purpose.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Restriction on certain sales”.

“(1) No auctioneers licence shall authorise any person to sell any intoxicating liquor contrary to the provisions of the Liquor Act, or any enactment amending or in substitution for that Act.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) No auctioneers licence shall authorise any person to sell any intoxicating liquor contrary to the provisions of the Liquor Act, or any enactment amending or in substitution for that Act.
  2. (2) Except as may be otherwise provided by law, no auctioneers licence shall authorise any person to deal in or sell, either on account of or for the benefit of himself or herself or of any other person, anything the dealing in or sale of which is prohibited to persons other than those duly licensed, registered, or otherwise authorised for that purpose.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
13. Auctioneer's name and address to be displayed at sale
(1)

Every licensed auctioneer, before beginning any auction, shall display and during the whole time of the auction keep displayed in some conspicuous part of the room or place where the auction is held a ticket or board containing his or her true and full name and residence, painted, printed or written in large letters, publicly visible and legible.

(2)

If any auctioneer fails to comply with this section, he or she commits an offence and is liable on conviction for every such offence to a fine not exceeding one hundred and fifty shillings.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Auctioneer's name and address to be displayed at sale”.

“(1) Every licensed auctioneer, before beginning any auction, shall display and during the whole time of the auction keep displayed in some conspicuous part of the room or place where the auction is held a ticket or board containing his or her true and full name and residence, painted, printed or written in large letters, publicly visible and legible.”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) Every licensed auctioneer, before beginning any auction, shall display and during the whole time of the auction keep displayed in some conspicuous part of the room or place where the auction is held a ticket or board containing his or her true and full name and residence, painted, printed or written in large letters, publicly visible and legible.
  2. (2) If any auctioneer fails to comply with this section, he or she commits an offence and is liable on conviction for every such offence to a fine not exceeding one hundred and fifty shillings.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
14. Sales without reserve, reserve price, etc
(1)

It shall be stated in the particulars or conditions of sale by auction of any movable or immovable property whether the sale is without reserve or subject to a reserve price, or whether a right to bid is reserved.

(2)

If it is stated that the sale is without reserve or to that effect, then it shall not be lawful for the owner or any person on his or her behalf or employed by him or her to bid at the sale, or for the auctioneer to take knowingly any such bidding.

(3)

If it is stated that the sale will be subject to a reserve price as regards any one or more lots, it shall be lawful for the owner or any person employed by him or her to give one bid for each such lot and no more.

(4)

If it is stated that the sale will be subject to a right for the owner to bid, it shall be lawful for the owner, or for any one person on his or her behalf, but not more than one, to bid at the auction in such manner as he or she shall think proper.

(5)

If the owner or any person employed by him or her or on his or her behalf bids at any sale contrary to any of the provisions of subsections (1) to (4), any purchaser may refuse to fulfill his or her purchase, but the highest bona fide bidder shall be entitled, if he or she shall so elect, to have the immovable or movable property at the price offered by him or her.

(6)

No auctioneer shall make a bid either on behalf of himself or herself or as agent for any other person unless on making the bid he or she shall announce that it is his or her bid.

(7)

Any auctioneer who knowingly receives or makes any bid contrary to any of the provisions of this section commits an offence and is liable on conviction to a fine not exceeding one thousand five hundred shillings, and to have his or her licence suspended or revoked.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Sales without reserve, reserve price, etc”.

“(1) It shall be stated in the particulars or conditions of sale by auction of any movable or immovable property whether the sale is without reserve or subject to a reserve price, or whether a right to bid is reserved.”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

7
  1. (1) It shall be stated in the particulars or conditions of sale by auction of any movable or immovable property whether the sale is without reserve or subject to a reserve price, or whether a right to bid is reserved.
  2. (2) If it is stated that the sale is without reserve or to that effect, then it shall not be lawful for the owner or any person on his or her behalf or employed by him or her to bid at the sale, or for the auctioneer to take knowingly any such bidding.
  3. (3) If it is stated that the sale will be subject to a reserve price as regards any one or more lots, it shall be lawful for the owner or any person employed by him or her to give one bid for each such lot and no more.
  4. (4) If it is stated that the sale will be subject to a right for the owner to bid, it shall be lawful for the owner, or for any one person on his or her behalf, but not more than one, to bid at the auction in such manner as he or she shall think proper.
  5. (5) If the owner or any person employed by him or her or on his or her behalf bids at any sale contrary to any of the provisions of subsections (1) to (4), any purchaser may refuse to fulfill his or her purchase, but the highest bona fide bidder shall be entitled, if he or she shall so elect, to have the immovable or movable property at the price offered by him or her.
  6. (6) No auctioneer shall make a bid either on behalf of himself or herself or as agent for any other person unless on making the bid he or she shall announce that it is his or her bid.
  7. (7) Any auctioneer who knowingly receives or makes any bid contrary to any of the provisions of this section commits an offence and is liable on conviction to a fine not exceeding one thousand five hundred shillings, and to have his or her licence suspended or revoked.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
15. Recovery of purchase money and payment
(1)

The auctioneer making any sale by auction shall, unless it is agreed otherwise between him or her and the owner, be entitled to sue for, recover and discharge all sums due in respect of the sale.

(2)

The auctioneer shall, unless it is agreed otherwise between him or her and the owner, be liable for the due payment to the owner of the net proceeds of all sales of property within ten days from the time of sale of the property.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Recovery of purchase money and payment”.

“(1) The auctioneer making any sale by auction shall, unless it is agreed otherwise between him or her and the owner, be entitled to sue for, recover and discharge all sums due in respect of the sale.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) The auctioneer making any sale by auction shall, unless it is agreed otherwise between him or her and the owner, be entitled to sue for, recover and discharge all sums due in respect of the sale.
  2. (2) The auctioneer shall, unless it is agreed otherwise between him or her and the owner, be liable for the due payment to the owner of the net proceeds of all sales of property within ten days from the time of sale of the property.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
16. Order of suspension or revocation of licence
(1)

Any court imposing a fine under this Act upon any auctioneer or convicting any auctioneer of any offence in relation to any property entrusted to him or her for sale or in relation to the proceeds of the sale of the property may, if it appears that the offence is of such nature as to require the licence of the auctioneer to be suspended or revoked, make an order to that effect, and the licence shall be suspended or revoked accordingly.

(2)

Any court making an order of suspension or revocation of a licence shall immediately intimate that order to the licensing authority which has granted the licence.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Order of suspension or revocation of licence”.

“(1) Any court imposing a fine under this Act upon any auctioneer or convicting any auctioneer of any offence in relation to any property entrusted to him or her for sale or in relation to the proceeds of the sale of the property may, if it appears that the offence is of such nature as to require the licence of the auctioneer to be suspended or revoked, make an order to that effect, and the licence shall be suspended or revoked accordingly.”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) Any court imposing a fine under this Act upon any auctioneer or convicting any auctioneer of any offence in relation to any property entrusted to him or her for sale or in relation to the proceeds of the sale of the property may, if it appears that the offence is of such nature as to require the licence of the auctioneer to be suspended or revoked, make an order to that effect, and the licence shall be suspended or revoked accordingly.
  2. (2) Any court making an order of suspension or revocation of a licence shall immediately intimate that order to the licensing authority which has granted the licence.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
17. Auctioneer's licence not necessary in certain cases

It shall not be necessary for any person selling any movable or immovable property by auction to take out a licence required by this Act in any of the following cases (a) any person selling any property under an order or process of a court;

(b)

any poundmaster or poundkeeper selling any animal which has been impounded;

(c)

any officer in the service of the Government selling property of the Government or by direction of the Government;

(d)

any person selling his or her own property.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Auctioneer's licence not necessary in certain cases”.

“It shall not be necessary for any person selling any movable or immovable property by auction to take out a licence required by this Act in any of the following cases (a) any person selling any property under an order or process of a court;”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (b) any poundmaster or poundkeeper selling any animal which has been impounded;
  2. (c) any officer in the service of the Government selling property of the Government or by direction of the Government;
  3. (d) any person selling his or her own property.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
18. Rules

The Minister may make rules for better carrying out the purposes and provisions of this Act and among other matters may (a) require that an applicant for a licence under this Act shall give security for the faithful discharge of his or her office, and prescribe the amount of security to be required and the form in which security may be accepted;

(b)

may prescribe the maximum rate of commission which an auctioneer shall be entitled to demand, recover or retain as remuneration for his or her services and provide that any agreement to pay or allow any higher rate than is prescribed shall not be binding; and

(c)

may prescribe penalties not exceeding a fine of seven hundred and fifty shillings for breach of any such rule, and may provide that in the case of the breach of any rule by a person holding a licence under this Act, the licence may be suspended or revoked by a court.

First Schedule (s. 8)

Fees for auctioneers licences

Half-yearly fee shs. Annual fee shs.

For a general licence 170 300

For a local licence (not to be 90 150 issued for Entebbe, Kampala or Jinja)

Second Schedule (s. 10)

Forms

Republic of Uganda

Form A

Auctioneers General Licence

The Auctioneers Act No. _____________

Licence is granted to _________________________ of to carry on the business of an auctioneer in Uganda subject to the Auctioneers Act.

Dated this ______ day of __________________, 20 ____.

Fee paid shs: _______________

_________________________

Licensing Authority

This licence expires on _________________________.

Republic of Uganda

Form B

Auctioneers Local Licence

The Auctioneers Act No. ______________

Licence is granted to _________________________ of _________________________ to carry on the business of an auctioneer in subject to the Auctioneers Act.

Dated this ____ day of ________________, 20 ____.

Fee paid shs: ____________

_________________________

Licensing Authority

This licence expires on the _________________________

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Rules”.

“The Minister may make rules for better carrying out the purposes and provisions of this Act and among other matters may (a) require that an applicant for a licence under this Act shall give security for the faithful discharge of his or her office, and prescribe the amount of security to be required and the form in which security may be accepted;”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (b) may prescribe the maximum rate of commission which an auctioneer shall be entitled to demand, recover or retain as remuneration for his or her services and provide that any agreement to pay or allow any higher rate than is prescribed shall not be binding; and
  2. (c) may prescribe penalties not exceeding a fine of seven hundred and fifty shillings for breach of any such rule, and may provide that in the case of the breach of any rule by a person holding a licence under this Act, the licence may be suspended or revoked by a court.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Original Laws of Uganda consolidation (as at 31 December 2000) — public-domain legislation, consolidated by ULII / Laws.Africa (CC BY 4.0). This is a point-in-time text and may not reflect later amendments; confirm against the latest Uganda Gazette before relying on it.