Excise Tariff (Amendment) Act

1. Short title

This Act may be cited as the Seeds and Plant Act, 2006.

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 “Short title”.

“This Act may be cited as the Seeds and Plant Act, 2006.”

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

This Act may be cited as the Seeds and Plant Act, 2006.

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

Seeds and Plant Act

Amendment notes

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

2. Interpretation

In this Act, unless the context otherwise requires- "agricultural value" means economic benefit expected from the production of a given crop; "basic seed" means seed produced from breeders seed under the control of the plant breeder or his or her agent;

"Board" means the National Seed Board established under section 3 ; "breeders seed" means seed of a particular variety, produced by the breeder (owner) of the variety or his or her agent, under the plant breeder's supervision, which is the source of the initial and recurrent increase in seed production of a variety; "certified seed" means a class of seed produced under a certification programme from basic seed and can be of two generations; "certification service" means the National Seed Certification Service referred to in section 8 ; "check variety" means a local or exotic variety currently on the market with known genetic and agronomic characters that is used as a control variety in variety trials; "committee" means the National Seed Technical Committee established under section 6 ; "common catalogue" means the list of varieties that have been tested in more than one country and are eligible to be grown in those countries; "currency point" has the value assigned to it in the Schedule; "Director" means the Director responsible for Crop Resources in the Ministry; "imported seed" means seed of a prescribed variety imported by a registered seed merchant;

"ISTA" means the International Seed Testing Association;

"licenced seed testing laboratory" means a laboratory that is authorised to carry out official tests on the kinds of seed named in the licence issued by the National Seed Certification Service;

"listed variety" means any variety that has been released by the National Variety Release Committee; "Minister" means the Minister responsible for agriculture; "Ministry" means the Ministry responsible for agriculture; "National Seed Testing Laboratory" means an official Government seed testing laboratory, which has been accredited to ISTA, and which is designated to carry out official seed tests and to issue official certificates; "National Variety List" means a list of varieties released by the National Variety Release Committee which are eligible for multiplication; "seed" means propagative material, plants and parts of plants intended for the propagation and multiplication of a variety; "seed analyst" means a person qualified and designated to analyse seed samples according to the regulations of ISTA; "seed conditioner" means a person engaged in the business of cleaning, treating or otherwise conditioning seeds intended for sale and who is licensed to do so; "seed dealer" means a person trading in seed and who is licensed to do so; "seed grower" means an individual or body that grows a crop intended to produce seed; "seed inspector" means a person licensed to inspect seed crops and seed; "seed merchant" means a person or organisation engaged in the business of seed production, conditioning and marketing, and who is licensed to do so; "seed sampler" means a person licensed to sample seed lots in accordance with regulations made under this Act;

"species" means a group of interbreeding natural populations that are reproductively isolated; "standard seed" means any seed which is not grown under a certification program but which may enter the market in case of certified seed shortage and which meets the same laboratory seed testing standards as certified seed; "varietal name" means the name given to a specific variety by its breeder; "variety" means a population of plants which have common ancestors and which have certain characteristics and when reproduced sexually or asexually, retain their distinguishing characteristics; "variety release" means making available to the public, a variety for multiplication and use; "voluntary certification" means certification requested by a seed producer for any of the species in the regulations made 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

Definition

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

“In this Act, unless the context otherwise requires- "agricultural value" means economic benefit expected from the production of a given crop; "basic seed" means seed produced from breeders seed under the control of the plant breeder or his or her agent;”

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.

5

"Board" means the National Seed Board established under section 3; "breeders seed" means seed of a particular variety, produced by the breeder (owner) of the variety or his or her agent, under the plant breeder's supervision, which is the source of the initial and recurrent increase in seed production of a variety; "certified seed" means a class of seed produced under a certification programme from basic seed and can be of two generations; "certification service" means the National Seed Certification Service referred to in section 8; "check variety" means a local or exotic variety currently on the market with known genetic and agronomic characters that is used as a control variety in variety trials; "committee" means the National Seed Technical Committee established under section 6; "common catalogue" means the list of varieties that have been tested in more than one country and are eligible to be grown in those countries; "currency point" has the value assigned to it in the Schedule; "Director" means the Director responsible for Crop Resources in the Ministry; "imported seed" means seed of a prescribed variety imported by a registered seed merchant;
"ISTA" means the International Seed Testing Association;
"licenced seed testing laboratory" means a laboratory that is authorised to carry out official tests on the kinds of seed named in the licence issued by the National Seed Certification Service;
"listed variety" means any variety that has been released by the National Variety Release Committee; "Minister" means the Minister responsible for agriculture; "Ministry" means the Ministry responsible for agriculture; "National Seed Testing Laboratory" means an official Government seed testing laboratory, which has been accredited to ISTA, and which is designated to carry out official seed tests and to issue official certificates; "National Variety List" means a list of varieties released by the National Variety Release Committee which are eligible for multiplication; "seed" means propagative material, plants and parts of plants intended for the propagation and multiplication of a variety; "seed analyst" means a person qualified and designated to analyse seed samples according to the regulations of ISTA; "seed conditioner" means a person engaged in the business of cleaning, treating or otherwise conditioning seeds intended for sale and who is licensed to do so; "seed dealer" means a person trading in seed and who is licensed to do so; "seed grower" means an individual or body that grows a crop intended to produce seed; "seed inspector" means a person licensed to inspect seed crops and seed; "seed merchant" means a person or organisation engaged in the business of seed production, conditioning and marketing, and who is licensed to do so; "seed sampler" means a person licensed to sample seed lots in accordance with regulations made under this Act;
"species" means a group of interbreeding natural populations that are reproductively isolated; "standard seed" means any seed which is not grown under a certification program but which may enter the market in case of certified seed shortage and which meets the same laboratory seed testing standards as certified seed; "varietal name" means the name given to a specific variety by its breeder; "variety" means a population of plants which have common ancestors and which have certain characteristics and when reproduced sexually or asexually, retain their distinguishing characteristics; "variety release" means making available to the public, a variety for multiplication and use; "voluntary certification" means certification requested by a seed producer for any of the species in the regulations made 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

Section 3 · The Board Section 8 · National Seed Certification Service Section 6 · Technical Committee

Amendment notes

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

3. The Board

(1)

There is established a Board to be known as the National Seed Board under the Ministry. (2) The Board shall consist of the following persons appointed by the Minister responsible for agriculture-

(a)

(i) the Director of Crop Resources in the Ministry, who shall be the chairperson; (ii) a representative of National Agricultural Research Organisation; (iii) a representative of the faculties of forest and nature conservation of universites in Uganda;

(iv)

a representative of faculties of agriculture of the universities in Uganda;

(v)

a representative of the farmers;

(vi)

a representative of the seed growers;

(vii)

a representative of seed merchants;

(viii)

a representative of the private plant breeders; and

(ix)

a representative from the agriculture extension service; and

(b)

the following ex-officio members-

(i)

the commissioner of forestry in the Ministry responsible for forestry;

(ii)

the commissioner for crop protection in the Ministry, who shall be the secretary; and

(iii)

a representative of the Solicitor General.

(3)

The Board may co-opt additional members to the Board as may be necessary.

(4)

The members of the Board other than ex-officio members shall hold office for a period of 3 years and are eligible for reappointment.

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 “The Board”.

“(1) There is established a Board to be known as the National Seed Board under the Ministry. (2) The Board shall consist of the following persons appointed by the Minister responsible for agriculture-”

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.

14

(1) There is established a Board to be known as the National Seed Board under the Ministry. (2) The Board shall consist of the following persons appointed by the Minister responsible for agriculture-
(a) (i) the Director of Crop Resources in the Ministry, who shall be the chairperson; (ii) a representative of National Agricultural Research Organisation; (iii) a representative of the faculties of forest and nature conservation of universites in Uganda;
(iv) a representative of faculties of agriculture of the universities in Uganda;
(v) a representative of the farmers;
(vi) a representative of the seed growers;
(vii) a representative of seed merchants;
(viii) a representative of the private plant breeders; and
(ix) a representative from the agriculture extension service; and

6 further items remain in the statutory text above.

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.

4. Functions of the Board

(1)

The functions of the Board are-

(a)

advising the Minister on the National Seed Policy; (b) advising the Minister on the informal seed sector and vegetatively propagated material; (c) advising the Minister on variety introductions, breeders seed production and maintenance; (d) establishing a system of implementing seed policies through technical committees; (e) formulating and advising the Minister on the regulations and standards controlling the development of the seed in distinctness, uniformity and stability; (f) constantly reviewing the national seed supply and advising the Minister on the administration of the seed in distinctness, uniformity and stability; (g) co-ordinating and monitoring the public and private seed sector in order to achieve the national seed industry objectives; (h) giving advice to plant breeding organisations on the market and farmers' requirements; and (i) performing any other related function 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

Governing rule

This section states the governing statutory rule for “Functions of the Board”.

“(1) The functions of the Board are-”

Primary legislation Source quotation matched

Practical effect

Use this section as the starting statutory rule for “Functions of the Board”, together with the linked provisions and current consolidation.

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) The functions of the Board are-
(a) advising the Minister on the National Seed Policy; (b) advising the Minister on the informal seed sector and vegetatively propagated material; (c) advising the Minister on variety introductions, breeders seed production and maintenance; (d) establishing a system of implementing seed policies through technical committees; (e) formulating and advising the Minister on the regulations and standards controlling the development of the seed in distinctness, uniformity and stability; (f) constantly reviewing the national seed supply and advising the Minister on the administration of the seed in distinctness, uniformity and stability; (g) co-ordinating and monitoring the public and private seed sector in order to achieve the national seed industry objectives; (h) giving advice to plant breeding organisations on the market and farmers' requirements; and (i) performing any other related function 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.

5. Procedures of the Board

(1)

The Board shall meet at least four times in each year and at such times and places as it deems necessary for the transaction of its business.

(2)

The Chairperson shall preside at all meetings of the Board and in his or her absence, the Board shall elect one of its members to act as Chairperson.

(3)

The person presiding at a meeting of the Board shall have a casting vote in addition to his or her deliberative vote.

(4)

The quorum of the Board shall be one-third of the voting members.

(5)

The Secretary shall cause details of all business transacted at a meeting of the Board to be entered into a minute book kept for that purpose and the minutes of the proceedings of the meetings shall be submitted for confirmation at a subsequent meeting of the Board and if passed as correct shall be confirmed by the signatures of the Chairperson and Secretary and when so confirmed shall be prima facie evidence in all courts as an accurate record of the proceedings so recorded.

(6)

The Board may regulate its own procedure.

(7)

A member of the Board other than an ex-officio member shall cease to be a member of the Board and the office of that member shall be declared vacant by the Minister-

(a)

if he or she resigns in writing addressed to the Chairperson; (b) if he or she is certified to be insane or otherwise adjudged to be of unsound mind under any written law;

(c)

if, in the opinion of the Board, he or she becomes physically or otherwise incapable of discharging his or her duties as a member, and remains so for a period of ninety consecutive days; (d) if he or she is absent, without reasonable cause from three consecutive meetings of the Board;

(e)

if he or she is adjudged or otherwise declared bankrupt under any written law; (f) if he or she is sentenced to imprisonment for a term of six months or more for an offence involving moral turpitude; or (g) if his or her term expires.

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 “Procedures of the Board”.

“(1) The Board shall meet at least four times in each year and at such times and places as it deems necessary for the transaction of its 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.

10

(1) The Board shall meet at least four times in each year and at such times and places as it deems necessary for the transaction of its business.
(2) The Chairperson shall preside at all meetings of the Board and in his or her absence, the Board shall elect one of its members to act as Chairperson.
(3) The person presiding at a meeting of the Board shall have a casting vote in addition to his or her deliberative vote.
(4) The quorum of the Board shall be one-third of the voting members.
(5) The Secretary shall cause details of all business transacted at a meeting of the Board to be entered into a minute book kept for that purpose and the minutes of the proceedings of the meetings shall be submitted for confirmation at a subsequent meeting of the Board and if passed as correct shall be confirmed by the signatures of the Chairperson and Secretary and when so confirmed shall be prima facie evidence in all courts as an accurate record of the proceedings so recorded.
(6) The Board may regulate its own procedure.
(7) A member of the Board other than an ex-officio member shall cease to be a member of the Board and the office of that member shall be declared vacant by the Minister-
(a) if he or she resigns in writing addressed to the Chairperson; (b) if he or she is certified to be insane or otherwise adjudged to be of unsound mind under any written law;

2 further items remain in the statutory text above.

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.

6. Technical Committee

(1)

There is established a technical committee to be known as the National Variety Release Committee, in this Act referred to as the Technical Committee. (2) The committee shall consist of the following- (a) a pathologist; (b) three breeders; (c) a seed technologist; (d) a socio-economist; (e) an agronomist; (f) a representative of the Commodity Association; (g) an agricultural extension worker; (h) an entomologist; (i) a weed scientist; and (j) a forest breeder.

(3)

The Board shall appoint a Chairperson of the Committee from among the members of the Technical Committee. (4) The head of the certification service shall be the secretary to the Committee.

(5)

The Committee may regulate its own procedure and may coopt additional members as required. (6) The Committee shall meet at least two times in a year.

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 “Technical Committee”.

“(1) There is established a technical committee to be known as the National Variety Release Committee, in this Act referred to as the Technical Committee. (2) The committee shall consist of the following- (a) a pathologist; (b) three breeders; (c) a seed technologist; (d) a socio-economist; (e) an agronomist; (f) a representative of the Commodity Association; (g) an agricultural extension worker; (h) an entomologist; (i) a weed scientist; and (j) a forest breeder.”

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.

3

(1) There is established a technical committee to be known as the National Variety Release Committee, in this Act referred to as the Technical Committee. (2) The committee shall consist of the following- (a) a pathologist; (b) three breeders; (c) a seed technologist; (d) a socio-economist; (e) an agronomist; (f) a representative of the Commodity Association; (g) an agricultural extension worker; (h) an entomologist; (i) a weed scientist; and (j) a forest breeder.
(3) The Board shall appoint a Chairperson of the Committee from among the members of the Technical Committee. (4) The head of the certification service shall be the secretary to the Committee.
(5) The Committee may regulate its own procedure and may coopt additional members as required. (6) The Committee shall meet at least two times in a year.

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.

7. Functions of the Technical Committee

(1)

The functions of the Technical Committee are-

(a)

to serve as a National Variety Release Committee;

(b)

to review and maintain the National Variety List and to approve new varieties; (c) to approve the release of new varieties and entry into the seed multiplication programme.

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

Governing rule

This section states the governing statutory rule for “Functions of the Technical Committee”.

“(1) The functions of the Technical Committee are-”

Primary legislation Source quotation matched

Practical effect

Use this section as the starting statutory rule for “Functions of the Technical Committee”, together with the linked provisions and current consolidation.

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) The functions of the Technical Committee are-
(a) to serve as a National Variety Release Committee;
(b) to review and maintain the National Variety List and to approve new varieties; (c) to approve the release of new varieties and entry into the seed multiplication programme.

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.

8. National Seed Certification Service

(1)

The National Seed Certification Service in the department responsible for crop protection shall be responsible for all matters related to seeds. (2) The certification service shall be responsible for the design, establishment and enforcement of certification standards, methods and procedures and without prejudice to the generality of the foregoing shall be responsible for- (a) reviewing, adjusting, maintaining and enforcing seed standards; (b) advising the Board of modifications to seed standards and providing the Board with information on any technical aspects affecting seed quality; (c) providing training to persons responsible for the implementation of this Act; (d) registration and licensing of all seed merchants, seed conditioners and seed dealers;

(e)

receiving and testing of all new varieties intended for release and multiplication, assisted by the Technical Committee according to the recognised standard procedure;

(f)

carrying out distinctness, uniformity and stability tests for candidate varieties;

(g)

establishing standards for variety performance trials and distinctness, uniformity and stability trials;

(h)

monitoring the activities of the formal and informal seed sectors; (i) accreditation and licensing, field inspection, seed sampling and laboratory seed testing;

(j)

carrying out field inspection, testing, labelling, sealing and eventual certification;

(k)

reviewing the history and performance records of selected varieties; (l) determining the contribution of varieties for agricultural development; (m) making recommendations for degazetting of obsolete varieties; and

(n)

determining the varieties to be fully released, partially released (restricted release), referred, or rejected.

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

Procedural rule

This section establishes the governing procedure for “National Seed Certification Service”.

“(1) The National Seed Certification Service in the department responsible for crop protection shall be responsible for all matters related to seeds. (2) The certification service shall be responsible for the design, establishment and enforcement of certification standards, methods and procedures and without prejudice to the generality of the foregoing shall be responsible for- (a) reviewing, adjusting, maintaining and enforcing seed standards; (b) advising the Board of modifications to seed standards and providing…”

Primary legislation Source quotation matched

Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

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

Elements or requirements

Operative requirements extracted from the consolidated text.

8

(1) The National Seed Certification Service in the department responsible for crop protection shall be responsible for all matters related to seeds. (2) The certification service shall be responsible for the design, establishment and enforcement of certification standards, methods and procedures and without prejudice to the generality of the foregoing shall be responsible for- (a) reviewing, adjusting, maintaining and enforcing seed standards; (b) advising the Board of modifications to seed standards and providing the Board with information on any technical aspects affecting seed quality; (c) providing training to persons responsible for the implementation of this Act; (d) registration and licensing of all seed merchants, seed conditioners and seed dealers;
(e) receiving and testing of all new varieties intended for release and multiplication, assisted by the Technical Committee according to the recognised standard procedure;
(f) carrying out distinctness, uniformity and stability tests for candidate varieties;
(g) establishing standards for variety performance trials and distinctness, uniformity and stability trials;
(h) monitoring the activities of the formal and informal seed sectors; (i) accreditation and licensing, field inspection, seed sampling and laboratory seed testing;
(j) carrying out field inspection, testing, labelling, sealing and eventual certification;
(k) reviewing the history and performance records of selected varieties; (l) determining the contribution of varieties for agricultural development; (m) making recommendations for degazetting of obsolete varieties; and
(n) determining the varieties to be fully released, partially released (restricted release), referred, or rejected.

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.

9. Variety testing, release and registration

(1)

All imported and domestic varieties shall undergo testing in variety performance trials for at least two main growing seasons before their release.

(2)

For imported varieties, data from advanced yield trials shall serve as supportive evidence regarding the performance of a variety.

(3)

The certification service shall advise the breeder on the appropriate method and period of test for-

(a)

agricultural value in an approved number of sites in their appropriate ecological zones;

(b)

agricultural value for ratoons, forest and fruit trees, fibres, ornamentals, beverage crops and other plants and zones for which a system of evaluation is not practicable.

(4)

The naming of new varieties shall be the responsibility of the relevant plant breeders and shall be subject to approval by the Variety Release Committee. (5) The Board may grant breeders rights for a variety of seeds on the recommendation of the National Variety Release Committee. (6) The certification service shall be responsible for undertaking variety testing as required for the granting of plant breeders rights in accordance with relevant law. (7) All plant breeders, both local and foreign shall apply to the certification service for the release of their varieties.

(8)

A variety released under subsection (7) shall be eligible for certification and shall be entered on the National Variety List and East African Common Catalogue. (9) The maintenance and supply of breeders seed shall be the responsibility of the breeders concerned and a reference sample shall be deposited with the certification service on initial release.

(10)

All plant breeders of public or private institutions and importers of varieties for seed production in Uganda shall be registered with the certification service on payment of the prescribed fee.

(11)

The breeder or applicant shall provide data for advanced yield, multi-locational trials for at least one main growing season from relevant agro-ecological zones.

(12)

The breeder or applicant shall conduct on farm trials for one main growing season concurrently with variety performance trials.

(13)

The certification service shall be responsible for conducting variety performance trials in a number of representative locations, but may delegate suitable organisations to carry out this function.

(14)

Vegetatively propagated materials shall be evaluated for their genetic and agricultural values.

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 “Variety testing, release and registration”.

“(1) All imported and domestic varieties shall undergo testing in variety performance trials for at least two main growing seasons before their release.”

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.

12

(1) All imported and domestic varieties shall undergo testing in variety performance trials for at least two main growing seasons before their release.
(2) For imported varieties, data from advanced yield trials shall serve as supportive evidence regarding the performance of a variety.
(3) The certification service shall advise the breeder on the appropriate method and period of test for-
(a) agricultural value in an approved number of sites in their appropriate ecological zones;
(b) agricultural value for ratoons, forest and fruit trees, fibres, ornamentals, beverage crops and other plants and zones for which a system of evaluation is not practicable.
(4) The naming of new varieties shall be the responsibility of the relevant plant breeders and shall be subject to approval by the Variety Release Committee. (5) The Board may grant breeders rights for a variety of seeds on the recommendation of the National Variety Release Committee. (6) The certification service shall be responsible for undertaking variety testing as required for the granting of plant breeders rights in accordance with relevant law. (7) All plant breeders, both local and foreign shall apply to the certification service for the release of their varieties.
(8) A variety released under subsection (7) shall be eligible for certification and shall be entered on the National Variety List and East African Common Catalogue. (9) The maintenance and supply of breeders seed shall be the responsibility of the breeders concerned and a reference sample shall be deposited with the certification service on initial release.
(10) All plant breeders of public or private institutions and importers of varieties for seed production in Uganda shall be registered with the certification service on payment of the prescribed fee.

4 further items remain in the statutory text above.

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.

10. Multiplication and licensing

(1)

Subject to the provisions of this Act, there shall be recognised classes of seeds as may be set out in regulations made under this Act.

(2)

All seed merchants and dealers shall be licensed on application to the certification service and shall pay a prescribed annual fee.

(3)

The Minister may, by statutory instrument, declare any area as a segregated area and may, by that instrument, prohibit the planting and movement of any type of seed or plant within that area either for a specific period or until the revocation of the instrument.

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 “Multiplication and licensing”.

“(1) Subject to the provisions of this Act, there shall be recognised classes of seeds as may be set out in regulations made under this 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.

3

(1) Subject to the provisions of this Act, there shall be recognised classes of seeds as may be set out in regulations made under this Act.
(2) All seed merchants and dealers shall be licensed on application to the certification service and shall pay a prescribed annual fee.
(3) The Minister may, by statutory instrument, declare any area as a segregated area and may, by that instrument, prohibit the planting and movement of any type of seed or plant within that area either for a specific period or until the revocation of the instrument.

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.

11. Seed conditioner and conditioning

(1)

A seed conditioner shall be licensed on application to the National Seed Certification Services and on payment of a prescribed annual fee.

(2)

To be licensed under this section a licenced seed conditioner is required to have-

(a)

suitable and adequate facilities for receiving, drying, cleaning, grading, treating and storing of seed; and

(b)

competent and trained staff capable of carrying out effective conditioning and testing of seeds to the required standards, as certified by the International Seed Certification Association.

(3)

A licensed seed conditioner shall condition only seed lots which have been certified by the certification service.

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 “Seed conditioner and conditioning”.

“(1) A seed conditioner shall be licensed on application to the National Seed Certification Services and on payment of a prescribed annual fee.”

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.

5

(1) A seed conditioner shall be licensed on application to the National Seed Certification Services and on payment of a prescribed annual fee.
(2) To be licensed under this section a licenced seed conditioner is required to have-
(a) suitable and adequate facilities for receiving, drying, cleaning, grading, treating and storing of seed; and
(b) competent and trained staff capable of carrying out effective conditioning and testing of seeds to the required standards, as certified by the International Seed Certification Association.
(3) A licensed seed conditioner shall condition only seed lots which have been certified by the certification service.

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.

12. Seed marketing

(1)

All seed offered for sale shall be properly labelled and sealed in accordance with the specifications set out in regulations made under this Act. (2) A person who intends to import or export seed shall apply to the certification service for a licence in the manner prescribed by regulations made under this Act. (3) Only seed of approved varieties and which- (a) meets the standards established by the National Seed Certification Services for domestic seed trade; and (b) are accompanied by a declaration of minimum certification standards on an ISTA certificate or domestic certificates and a phytosanitary certificate as provided in the Plant Protection and Plant Health Act, shall be imported into Uganda. (4) All seed intended for export shall comply with the requirements of the importing country. (5) Genetically modified seeds will be regulated in accordance with the Uganda National Council of Science and Technology Act or any relevant law.

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 “Seed marketing”.

“(1) All seed offered for sale shall be properly labelled and sealed in accordance with the specifications set out in regulations made under this Act. (2) A person who intends to import or export seed shall apply to the certification service for a licence in the manner prescribed by regulations made under this Act. (3) Only seed of approved varieties and which- (a) meets the standards established by the National Seed Certification Services for domestic seed trade; and (b) are accompanied by a declaration of minimum…”

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 seed offered for sale shall be properly labelled and sealed in accordance with the specifications set out in regulations made under this Act. (2) A person who intends to import or export seed shall apply to the certification service for a licence in the manner prescribed by regulations made under this Act. (3) Only seed of approved varieties and which- (a) meets the standards established by the National Seed Certification Services for domestic seed trade; and (b) are accompanied by a declaration of minimum certification standards on an ISTA certificate or domestic certificates and a phytosanitary certificate as provided in the Plant Protection and Plant Health Act, shall be imported into Uganda. (4) All seed intended for export shall comply with the requirements of the importing country. (5) Genetically modified seeds will be regulated in accordance with the Uganda National Council of Science and Technology Act or any relevant law.

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.

13. Seed testing laboratory

(1)

The Ministry shall, for the purposes of this Act establish national seed testing laboratories. (2) The laboratories shall undertake seed testing and issue certificates as prescribed by regulations made 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 “Seed testing laboratory”.

“(1) The Ministry shall, for the purposes of this Act establish national seed testing laboratories. (2) The laboratories shall undertake seed testing and issue certificates as prescribed by regulations made 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 Ministry shall, for the purposes of this Act establish national seed testing laboratories. (2) The laboratories shall undertake seed testing and issue certificates as prescribed by regulations made 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.

14. Affixing labels

The certification service shall affix appropriate official labels and seals to all certified seed classes and may delegate its authority to a licensed or accredited seed testing laboratory or seed merchant.

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 “Affixing labels”.

“The certification service shall affix appropriate official labels and seals to all certified seed classes and may delegate its authority to a licensed or accredited seed testing laboratory or seed merchant.”

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

The certification service shall affix appropriate official labels and seals to all certified seed classes and may delegate its authority to a licensed or accredited seed testing laboratory or seed merchant.

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.

15. Reports and certificates

(1)

The certification service shall issue certificates authenticating the various certification classes of seed as prescribed in regulations made under this Act.

(2)

The certification service shall issue to the Board periodical reports on its activities, as the circumstances may require.

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 “Reports and certificates”.

“(1) The certification service shall issue certificates authenticating the various certification classes of seed as prescribed in regulations made under this 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) The certification service shall issue certificates authenticating the various certification classes of seed as prescribed in regulations made under this Act.
(2) The certification service shall issue to the Board periodical reports on its activities, as the circumstances may require.

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.

16. Appeals tribunal

(1)

The Minister shall establish a Seeds and Plant Tribunal which shall conduct business as the need arises.

(2)

Any person aggrieved by a decision under this Act may appeal to the Seeds and Plant Tribunal in accordance with regulations made 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

Statutory power

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

“(1) The Minister shall establish a Seeds and Plant Tribunal which shall conduct business as the need arises.”

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) The Minister shall establish a Seeds and Plant Tribunal which shall conduct business as the need arises.
(2) Any person aggrieved by a decision under this Act may appeal to the Seeds and Plant Tribunal in accordance with regulations made 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.

17. Appointment of inspector and seed analyst

The Minister, on the advice of the Board by notice in the Gazette may designate suitably qualified public officers to act as inspectors, seed analysts and registrars of Plant Varieties for the purpose of this Act and any regulations made 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

Statutory power

This section confers or regulates the statutory power described as “Appointment of inspector and seed analyst”.

“The Minister, on the advice of the Board by notice in the Gazette may designate suitably qualified public officers to act as inspectors, seed analysts and registrars of Plant Varieties for the purpose of this Act and any regulations made under this 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.

1

The Minister, on the advice of the Board by notice in the Gazette may designate suitably qualified public officers to act as inspectors, seed analysts and registrars of Plant Varieties for the purpose of this Act and any regulations made 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.

18. Maintenance of registers, rolls, index or

other official records The certification service shall have powers to maintain registers, rolls, index or other official records for the execution of its functions 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 “Maintenance of registers, rolls, index or”.

“other official records The certification service shall have powers to maintain registers, rolls, index or other official records for the execution of its functions 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

other official records The certification service shall have powers to maintain registers, rolls, index or other official records for the execution of its functions 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.

19. Sale of prescribed seed under a different name

(1)

A person shall not sell any prescribed seed for sowing if-

(a)

that prescribed seed does not conform to the standards of germination and purity prescribed for that seed;

(b)

it is reported in the test report by a national seed testing laboratory or an accredited seed testing laboratory that the prescribed seed does not conform to the standards. (2) A person who contravenes subsection(1) commits an offence. (3) Upon conviction of any person for an offence under this section, the court may, in addition to any other penalty that it may impose, order the forfeiture or destruction, without any compensation of the sub-standard prescribed seed found in the possession or under the control of the person convicted. (4) Sub-standard seeds shall be disposed of in accordance with regulations made 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

Offence or consequence

This section creates or governs statutory liability concerning “Sale of prescribed seed under a different name”.

“(1) A person shall not sell any prescribed seed for sowing if-”

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.

3

(1) A person shall not sell any prescribed seed for sowing if-
(a) that prescribed seed does not conform to the standards of germination and purity prescribed for that seed;
(b) it is reported in the test report by a national seed testing laboratory or an accredited seed testing laboratory that the prescribed seed does not conform to the standards. (2) A person who contravenes subsection(1) commits an offence. (3) Upon conviction of any person for an offence under this section, the court may, in addition to any other penalty that it may impose, order the forfeiture or destruction, without any compensation of the sub-standard prescribed seed found in the possession or under the control of the person convicted. (4) Sub-standard seeds shall be disposed of in accordance with regulations made 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.

20. Sale of prescribed seed under a different name

Any person who sells for sowing, any seed under a description other than its varietal name, commits an offence.

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 “Sale of prescribed seed under a different name”.

“Any person who sells for sowing, any seed under a description other than its varietal name, commits an offence.”

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.

0

This section states a single governing proposition and does not enumerate separate elements.

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.

21. Tampering with seed samples

Any person who without lawful authority- (a) tampers with any prescribed seed so as to produce any sample of that prescribed seed, taken for the purpose of this Act, and the sample does not correctly represent the bulk from which that sample was taken; (b) tampers with any sample taken under this Act; or (c) with intent to deceive, causes or permits to be sent to any seed testing laboratory to be tested for the purposes of any prescribed seed which to his or her knowledge does not represent the bulk from which it was taken; commits an offence.

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 “Tampering with seed samples”.

“Any person who without lawful authority- (a) tampers with any prescribed seed so as to produce any sample of that prescribed seed, taken for the purpose of this Act, and the sample does not correctly represent the bulk from which that sample was taken; (b) tampers with any sample taken under this Act; or (c) with intent to deceive, causes or permits to be sent to any seed testing laboratory to be tested for the purposes of any prescribed seed which to his or her knowledge does not represent the bulk from which it…”

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.

0

This section states a single governing proposition and does not enumerate separate elements.

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.

22. Altering official records

Any person who, without lawful authority, alters, defaces or removes-

(a)

any register, roll, index or other official marking maintained in under regulations made under this Act; or (b) any entry appearing in any register, roll, index or other official record commits an offence.

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 “Altering official records”.

“Any person who, without lawful authority, alters, defaces or removes-”

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.

1

(a) any register, roll, index or other official marking maintained in under regulations made under this Act; or (b) any entry appearing in any register, roll, index or other official record commits an offence.

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.

23. Altering documents and marks

Any person who, without lawful authority alters or defaces- (a) any certificate, report, invoice, account or other document prescribed, issued, furnished or kept under this Act or regulations made under this Act; or (b) any label, note, docket or mark placed upon any container under this Act or under any other requirement, condition or regulations made under this Act or removes any label, note, docket or mark from any container; commits an offence.

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 “Altering documents and marks”.

“Any person who, without lawful authority alters or defaces- (a) any certificate, report, invoice, account or other document prescribed, issued, furnished or kept under this Act or regulations made under this Act; or (b) any label, note, docket or mark placed upon any container under this Act or under any other requirement, condition or regulations made under this Act or removes any label, note, docket or mark from any container; commits an offence.”

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.

0

This section states a single governing proposition and does not enumerate separate elements.

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.

24. Secrecy

Any person who-

(a)

being a person employed for the purpose of this Act, publishes or communicates to any person without lawful authority any information acquired by him or her in the course of his or her employment; or

(b)

having possession of any information which, to his or her knowledge has been disclosed in contravention of this Act, publishes or communicates that information to any other person, commits an offence.

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 “Secrecy”.

“Any person who-”

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

(a) being a person employed for the purpose of this Act, publishes or communicates to any person without lawful authority any information acquired by him or her in the course of his or her employment; or
(b) having possession of any information which, to his or her knowledge has been disclosed in contravention of this Act, publishes or communicates that information to any other person, commits an offence.

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.

25. Penalties

A person who commits an offence under this Act is liable on conviction, to a fine not exceeding ninety six currency points or to imprisonment for a term not exceeding four years or both.

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 “Penalties”.

“A person who commits an offence under this Act is liable on conviction, to a fine not exceeding ninety six currency points or to imprisonment for a term not exceeding four years or both.”

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.

0

This section states a single governing proposition and does not enumerate separate elements.

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.

26. Inspection of registers

All registers and rolls maintained by the certification service under this Act shall, at all reasonable times, be open to inspection by any person applying to the head of the certification service on payment of the prescribed fee.

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 “Inspection of registers”.

“All registers and rolls maintained by the certification service under this Act shall, at all reasonable times, be open to inspection by any person applying to the head of the certification service on payment of the prescribed fee.”

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

All registers and rolls maintained by the certification service under this Act shall, at all reasonable times, be open to inspection by any person applying to the head of the certification service on payment of the prescribed fee.

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.

27. Exemption by the Minister

The Minister may, on written recommendation from the Board, exempt any person or class of persons from the provisions of 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

Statutory power

This section confers or regulates the statutory power described as “Exemption by the Minister”.

“The Minister may, on written recommendation from the Board, exempt any person or class of persons from the provisions of this 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.

1

The Minister may, on written recommendation from the Board, exempt any person or class of persons from the provisions of 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.

28. Regulations

(1)

The Minister may, after consultation with the Board, make regulations for the control of breeding, multiplication, marketing, certification of seed and generally for the better carrying out of the provisions of this Act.

(2)

The Minister may, in consultation with the Board, make regulations for the control of a prescribed or non prescribed seed which is not a Uganda certified seed and is produced by a seed producer on his or her own land, and is sold by him or her for sowing by a buyer or for the purposes of re-sale.

(3)

Regulations made under this Act may prescribe in respect of the contravention of the regulations- (a) a penalty not exceeding two years imprisonment or a fine not exceeding forty eight currency points or both; (b) higher penalties for repeated offences;

(c)

that the court convicting an offender may require the offender to forfeit to the State anything involved in the commission of the offences, or the distribution of any such thing.

(4)

The regulations may also prescribe fees to be paid for any service performed 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

Statutory power

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

“(1) The Minister may, after consultation with the Board, make regulations for the control of breeding, multiplication, marketing, certification of seed and generally for the better carrying out of the provisions of this 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.

5

(1) The Minister may, after consultation with the Board, make regulations for the control of breeding, multiplication, marketing, certification of seed and generally for the better carrying out of the provisions of this Act.
(2) The Minister may, in consultation with the Board, make regulations for the control of a prescribed or non prescribed seed which is not a Uganda certified seed and is produced by a seed producer on his or her own land, and is sold by him or her for sowing by a buyer or for the purposes of re-sale.
(3) Regulations made under this Act may prescribe in respect of the contravention of the regulations- (a) a penalty not exceeding two years imprisonment or a fine not exceeding forty eight currency points or both; (b) higher penalties for repeated offences;
(c) that the court convicting an offender may require the offender to forfeit to the State anything involved in the commission of the offences, or the distribution of any such thing.
(4) The regulations may also prescribe fees to be paid for any service performed 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.

29. Repeal of Cap

(1)

The Agricultural Seed and Plant Act, is repealed.

(2)

Any statutory instrument made under the repealed Act and in force on the coming into operation of this Act so long as it is consistent with the provisions of this Act, shall continue in force until revoked or amended under this Act.

(3)

Subject to the provisions of this Act any licence or other authorisation granted under the repealed Act and anything done under that Act may continue to take effect as if done 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

Statutory power

This section confers or regulates the statutory power described as “Repeal of Cap”.

“(1) The Agricultural Seed and Plant Act, is repealed.”

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.

3

(1) The Agricultural Seed and Plant Act, is repealed.
(2) Any statutory instrument made under the repealed Act and in force on the coming into operation of this Act so long as it is consistent with the provisions of this Act, shall continue in force until revoked or amended under this Act.
(3) Subject to the provisions of this Act any licence or other authorisation granted under the repealed Act and anything done under that Act may continue to take effect as if done 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.

30. Amendment of Schedule

The Minister may, by statutory instrument, and with the approval of the Cabinet, amend the Schedule to this Act.

SCHEDULE.

CURRENCY POINT.

A currency point is equivalent to twenty thousand Uganda shillings.

Cross references Plant Protection and Plant Health Act, Cap. 31. Uganda National Council of Science and Technology Act, Cap. 209.

ACTS SUPPLEMENT No. 3 29th June, 2007. ACTS SUPPLEMENT to The Uganda Gazette No. 32 Volume C dated 29th June, 2007. Printed by UPPC, Entebbe, by Order of the Government.

Act 4 Excise Tariff (Amendment) Act 2007 THE EXCISE TARIFF (AMENDMENT) ACT, 2007 __________

ARRANGEMENT OF SECTIONS.

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 “Amendment of Schedule”.

“The Minister may, by statutory instrument, and with the approval of the Cabinet, amend the Schedule to this 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.

1

The Minister may, by statutory instrument, and with the approval of the Cabinet, amend the Schedule to 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.

1. Commencement

The text of this section isn't in the consolidation we hold — see the original PDF above.

2. Insertion of new section 3AA

The text of this section isn't in the consolidation we hold — see the original PDF above.

3. Replacement of Schedules to the principal Act

Act 4 Excise Tariff (Amendment) Act 2007

THE EXCISE TARIFF (AMENDMENT) ACT, 2007.

An Act to amend the Excise Tariff Act to impose excise duty on landlines and public payphones and to replace the Schedules to the Excise Tariff Act with one Schedule prescribing all excise tariff rates.

DATE OF ASSENT: 1st May, 2007.

Date of Commencement: 1st July, 2006.

BE IT ENACTED by Parliament as follows:

1. Commencement

This Act shall be deemed to have come into force on the 1st day of July,

2. Insertion of new section 3AA The Excise Tariff Act

in this Act referred to as the principal Act, is amended by inserting immediately after section 3 , the following "3AA Imposition of excise duty on air time and talk time (1) There shall be charged in respect of the provision of air time or talk time for public payphones and landlines, excise duty at the rate specified in Schedule 2 to this Act.

Act 4 Excise Tariff (Amendment) Act 2007 (2) The duty shall be levied on the usage charges, pre-paid or post-paid, charged by telephone service providers for the use of phone services.

(3)

The duty shall be collected and paid by the phone service providers licensed by the Uganda Communications Commission established by the Uganda Communications Act, in accordance with the Management Act.

(4)

Where no usage fee is charged, or where there is an application to own use by the phone service provider for the purpose of its business activities, the duty shall be charged on the market value of the phone services provided, as if this were a sale in the open market.

(5)

The excise duty shall be charged together with the value added tax but the credit input tax allowed under section 28 of the Value Added Tax Act shall not apply to the excise duty.

(6)

The taxable value of the usage charges shall be determined in accordance with section 21 of the Value Added Tax Act.

(7)

Every phone service provider that collects excise duty under this Act shall lodge a tax return with the Commissioner General on a prescribed form and pay the tax due by the fifteenth day of the following month.

(8)

The provisions of the Management Act shall, with necessary modifications, apply to the collection, payment and enforcement of the duty.

3. Replacement of Schedules to the principal

Act The principal Act is amended by substituting for the schedules to that Act the following new Schedule Act 4 Excise Tariff (Amendment) Act 2007 "SCHEDULE No. Item Rate of excise duty

1. (a) Extracts, Essences and concentrates 10%

(b)

Cigars, cheroots, cigarillos containing tobacco 150% (c) Soft cup, Regular Size (<70mm Length including the filter) Shs.19,000 per 1000 sticks (d) Soft cup: King Size (>70mm Length including the filter) Shs. 25,000 per 1000 sticks (e) Hinge Lid Shs. 48,000 per 1000 sticks (f) Other 150% (g) Smoking tobacco, whether or not containing 150% tobacco substitutes in any proportion (h) "Homogenised" or "reconstituted" tobacco 150% (i) Other 150%

2. Beer

(a)

made from malt 60% (b) whose local raw material content, excluding water, is at least 75% by weight of its constituents 30%

3. Spirits 60%

The text of this section isn't in the consolidation we hold — see the original PDF above.

4. Wine

(a)

made from locally produced raw materials 20% (b) Other 70%

5. Waters, including mineral waters and aerated waters, 13%

containing sweetening matter or flavoured

6. Mineral water, bottled water and other water purposely

for drinking 10%

7. Airtime 12%

The text of this section isn't in the consolidation we hold — see the original PDF above.

8. Landlines and public payphones 5%

The text of this section isn't in the consolidation we hold — see the original PDF above.

9. Cement Shs. 500 per 50kg

Act 4 Excise Tariff (Amendment) Act 2007

10. Fuel

(a)

Motor Spirit (gasoline) Shs. 720/ per litre (b) Gas oil (automotive, light, amber for high speed engine) Shs. 450/ per litre (c) Other gas oils Shs. 450/ per litre (d) Gas oil for thermal power generation to national grid Nil effective 1st March 2006 (e) Illuminating kerosene Shs.200/ per litre

11. Cane or beet sugar and chemically

pure sucrose in solid form Shs.50 per kg

12. Cane or beet sugar for industrial use 0%

The text of this section isn't in the consolidation we hold — see the original PDF above.

13. Sacks and bags 10%"

(2)

For any reference in section 3A of the Excise Tariff Act to Schedule 2 there is substituted a reference to the Schedule".

ACTS SUPPLEMENT No. 3 29th June, 2007. ACTS SUPPLEMENT to The Uganda Gazette No. 32 Volume C dated 29th June, 2007. Printed by UPPC, Entebbe, by Order of the Government.

Act 5 Uganda Revenue Authority (Amendment) Act 2007 THE UGANDA REVENUE AUTHORITY (AMENDMENT) ACT, 2007. ___________

ARRANGEMENT OF SECTIONS.

Section

1. Amendment of section

The text of this section isn't in the consolidation we hold — see the original PDF above.

2. Replacement of subsection (1) of section

Act 5 Uganda Revenue Authority (Amendment) Act 2007

THE UGANDA REVENUE AUTHORITY (AMENDMENT) ACT, 2007

An Act to amend the Uganda Revenue Authority Act to modify the membership of the Board of Directors of Uganda Revenue Authority; to bar the suing of the Commissioner General in his or her official or personal capacity; to provide for appointment by the board of directors of Uganda Revenue Authority officers from the level of assistant commissioner or deputy head of department or higher; and to provide for other related purposes. DATE OF ASSENT: 12th May, 2007.

Date of Commencement: 29th June, 2007.

BE IT ENACTED by Parliament as follows:

1. Amendment of section

Section 4 of the Uganda Revenue Authority Act, in this Act, is amended in subsection (1) by substituting paragraph with the following "one representative of the entire private sector".

2. Replacement of subsection (1) of section

Section 11 of the principal Act, is amended by substituting for subsection (1) the following-

"(1) Subject to section 9 of the principal Act, the board shall appoint officers from the level of manager and above on such terms and conditions as the board may determine".

About this Act

Full text of the Act

Part I

1. Short title

2. Interpretation

Part II

3. The Board

4. Functions of the Board

5. Procedures of the Board

6. Technical Committee

7. Functions of the Technical Committee

8. National Seed Certification Service

9. Variety testing, release and registration

10. Multiplication and licensing

11. Seed conditioner and conditioning

12. Seed marketing

13. Seed testing laboratory

14. Affixing labels

15. Reports and certificates

16. Appeals tribunal

17. Appointment of inspector and seed analyst

18. Maintenance of registers, rolls, index or

Part III

19. Sale of prescribed seed under a different name

20. Sale of prescribed seed under a different name

21. Tampering with seed samples

22. Altering official records

23. Altering documents and marks

24. Secrecy

25. Penalties

26. Inspection of registers

27. Exemption by the Minister

28. Regulations

29. Repeal of Cap

30. Amendment of Schedule

1. Commencement

2. Insertion of new section 3AA

3. Replacement of Schedules to the principal Act

1. Commencement

2. Insertion of new section 3AA The Excise Tariff Act

3. Replacement of Schedules to the principal

1. (a) Extracts, Essences and concentrates 10%

2. Beer

3. Spirits 60%

4. Wine

5. Waters, including mineral waters and aerated waters, 13%

6. Mineral water, bottled water and other water purposely

7. Airtime 12%

8. Landlines and public payphones 5%

9. Cement Shs. 500 per 50kg

10. Fuel

11. Cane or beet sugar and chemically

12. Cane or beet sugar for industrial use 0%

13. Sacks and bags 10%"

1. Amendment of section

2. Replacement of subsection (1) of section

1. Amendment of section

2. Replacement of subsection (1) of section