Public Service (Negotiating, Consultative and Disputes Settlement Machinery) Act

to the public service

Act 9 Public Service Act 2008 Section.

Where any ministry is abolished or any ministry is established in addition to, or in lieu of any such ministry, or an alteration is made in the name of any ministry, upon notification of the fact in the Gazette, the Second Schedule shall be deemed to be amended in the following manner-

Act 9 Public Service Act 2008 (b) where any ministry is established either in addition to or in lieu of any ministry, by the addition of the name of the ministry so established; and (c) where an alteration is made in the name of any ministry, by a similar alteration of the name of the ministry.

The objective of public service is to enable the Government to formulate and implement policies and programmes of Government for the development of Uganda.

The public service shall be composed of all persons duly appointed by the appropriate service commission or other relevant appointing authority to hold or act in any office in the public service.

Act 9 Public Service Act 2008 (d) may prescribe or vary the common cadre list by regulations after consultation with the appropriate service commission or other relevant authority; and

Act 9 Public Service Act 2008

Act 9 Public Service Act 2008

to the public service Subject to the provisions of the Constitution and any other written law, public officers shall-

Act 9 Public Service Act 2008

In accordance with article 173 of the Constitution, a public officer shall not be- (a) victimized or discriminated against for having performed his or her duties faithfully in accordance with the Constitution; or

The rights and privileges of public officers shall be in accordance with the applicable law, including relevant statutory instruments, regulations and administrative instructions issued from time to time.

The participation of public officers in labour union activities shall be in accordance with the provisions of the Constitution and the applicable legislation providing for public service negotiating and disputes settlement machinery.

Act 9 Public Service Act 2008

The Minister shall, after consultation with the Public Service Commission and other appropriate Service Commissions, by statutory instrument, make regulations for giving full effect to the provisions of this Act.

SCHEDULES.

Act 9 Public Service Act 2008 FIRST SCHEDULE Section 2 DISTRICTS OF UGANDA

7.Iganga

Act 9 Public Service Act 2008

Act 9 Public Service Act 2008

MUNICIPALITIES

Act 9 Public Service Act 2008 SECOND SCHEDULE Sections 2 , 4 MINISTRIES OF GOVERNMENT

Office of the President

Office of the Prime Minister Ministry of Defence

Ministry of Public Service Ministry of Foreign Affairs

Ministry of Justice and Constitutional Affairs

Ministry of Finance, Planning and Economic Development Ministry of Internal Affairs

Ministry of Agriculture, Animal Industry and Fisheries Ministry of Local Government

Ministry of Education and Sports Ministry of Health

Ministry of Tourism, Trade and Industry Ministry of Works, and Transport

Ministry of Gender, Labour and Social Development Ministry of Water, and Environment

Ministry of Information and Communications Technology Ministry of Lands, Housing and Urban Development

Ministry of East African Community Affairs Ministry of Energy and Mineral Development

Act 9 Public Service Act 2008 THIRD SCHEDULE Section 2 . COMMON CADRES IN PUBLIC SERVICE.

Cadre Technical Ministry 1 .Administrative Officers Office of the President Ministry of Finance, Planning and

Finance, Planning and

and Economic Development

Ministry of Finance, Planning and

Planning and

Cross References.

Constitution of 1995. Local Governments Act, Cap. 243. Public Service Act, Cap- 288

ACTS SUPPLEMENT No. 6 11th July, 2008. ACTS SUPPLEMENT to The Uganda Gazette No. 36 Volume Cl dated 11th July. 2008. Printed by UPPC, Entebbe, by Order of the Government.

THE PUBLIC SERVICE (NEGOTIATING, CONSULTATIVE AND DISPUTES SETTLEMENT MACHINERY) ACT, 2008

ARRANGEMENT OF SECTIONS. Section.

its functions

functions. (1) There shall be a Public Service Negotiating and Consultative Council consisting of a Chairperson and not less than five other members.

Act 10 and. Disputes Settlement Machinery)) Act 2008 (8) The public service labour unions shall form a joint negotiating team consisting of at least two members from each public service labour union, to negotiate on issues of common interest; but individual labour unions may negotiate on matters peculiar to them.

A person who contravenes any provision of this Act commits an offence and is liable, on conviction, to a fine not exceeding fifty currency points or imprisonment not exceeding six months.

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

The Public Service Negotiating Machinery Act is repealed.

The Minister may by statutory instrument, make regulations on matters of negotiations and dispute settlement under this Act.

SCHEDULES

FIRST SCHEDULE Sections 2 , 9 , and 10

CURRENCY POINT.

One currency point shall be equivalent to twenty thousand Uganda shillings.

SECOND SCHEDULE Section 3(4)

CONSULTATIVE COMMITTEE RULES AND PROCEDURES.

employee of the public service has a grievance or a complaint against any other public officer or other employee of the public service-

least once in every three months

by the head of the relevant autonomous body, ministry, department, local government, division or unit of the public service.

a personnel officer of the relevant autonomous body, ministry, department, local government, division or unit of the public service and in his or her absence, the Committee shall choose from among its members someone to act as Secretary.

these Rules, a Consultative Committee may regulate its own procedure.

constitute a quorum.

THIRD SCHEDULE Sections 2 , 4(6)(b) RECOGNITION AGREEMENT This AGREEMENT is made this............... day of........................................ BETWEEN the Government of the Republic of Uganda (in this Agreement referred to as "the Government") of the one part and the Public Service Labour Unions (in this Agreement referred to as "the Union") of the other | part, meeting together voluntarily to determine and regulate the relationship between them in the interests of mutual understanding and co-operation.

In this Agreement, unless the context otherwise requires, the following terms and expressions shall have the following meanings- "Act" means the Public Service (Negotiating, Consultative and Disputes Settlement Machinery) Act, 2008; "autonomous body" has the meaning assigned to it by the Act; "employment unit" means the place of work of a union member;

The Government accords full recognition to-

The Union is aware that it is a constitutional duty of the Government to employ any person whether he or she is a member of the Union or not; and nothing in this Agreement shall prevent an employee from having direct access to his or her superior officers in the Public Service or to discuss any matter which may affect him or her in connection with his or her employment.

The Government and the Union agree to take all reasonable and practicable steps to ensure that neither party practises intimidation or uses abusive or intemperate language in their dealings with each other.

All notices between the parties shall be addressed as follows- (a) FOR THE GOVERNMENT HEAD OF PUBLIC SERVICE/SECRETARY TO CABINET OFFICE OF THE PRESIDENT P.O. BOX 7168, KAMPALA. (b) FOR THE UNION GENERAL SECRETARY OF THE UNION UNION HEADQUARTERS UGANDA

WHEREFORE the parties have on the day and year as mentioned above affixed their signatures.

FOR THE GOVERNMENT HEAD OF THE PUBLIC SERVICE 5 AND SECRETARY TO CABINET.

A

IN THE PRESENCE OF

FOR THE PUBLIC SERVICE LABOUR UNIONS (GENERAL SECRETARIES OF THE UNIONS)

IN THE PRESENCE OF:

APPENDIX 1

RULES GOVERNING ACCESS OF UNION OFFICIALS AND REPRESENTATIVES TO EMPLOYING UNITS

for the purpose of conducting Union affairs; and the list shall be known as the "Authorised Visitors' list" (2) Five copies of the "Authorised Visitors' list" shall be certified by both the responsible officer and the responsible Union Official and-

on the Authorised Visitors' list of a ministry, department, autonomous body or local government shall be granted access to employing units for the purpose of conducting Union business 24

■

an Authorised Visitors' list shall be provided by the Union with an identity card bearing a photograph of the official, which shall enable the official to be easily identified as the person he or she purports to be.

An official shall not hold any general meeting, whether of Union members or of other persons, except (a) in accordance with any applicable written law for the time being in force;

by the officer-in-charge of an employing unit with respect to the holding of a general meeting may include specifications of-

these Rules (a) in the event of flagrant or persistent contravention of these Rules by the Union;

these Rules, the matter shall be reported in writing by either the officer-in-charge of the employing unit or his or her duly nominated representative or representative of the Union to the relevant responsible officer who shall inquire into the matter and either adjudicate or settle it or negotiate it with the Union APPENDIX 2

SUBJECTS FOR NEGOTIATION AND CONSULTATION

FOURTH SCHEDULE

Section 4 (12)

RULES FOR NEGOTIATING TERMS AND CONDITIONS OF SERVICE.

made by a Collective Bargaining Agreement (CBA) which shall form part of the terms and conditions of service in the public service

salaries in the public service shall apply to local governments

a party to vary any such provision shall be notified to the other party in writing within three (3) months after formulating the proposal

on monetary expenditure, parties shall conclude their negotiations during the budgetary phase in each financial year ActlO and Disputes Settlement Machinery) Act 2008 FIFTH SCHEDULE

Section 4 (13)

RULES AND PROCEDURES RELATING TO THE HEARING OF GRIEVANCES BY THE COUNCIL.

the Secretary to the Council with a copy to the other party

party to the grievance to prepare and submit to the Secretary, a reply to the grievance not later than four (4) working days before the date for hearing the grievance.

be completed within sixty working days from the date of registration of the grievance.

the parties to the grievance shall (a) negotiate in good faith;

signed after both parties have reached a consensus

the Chairperson of the Council to the Minister within two (2) working days, requesting the Minister to refer the matter to the Tribunal

ESSENTIAL SERVICES IN THE PUBLIC SERVICE.

Cross References

Labour Unions Act, Act No. 7 of 2006 Local Governments Act, Cap. 243.

ActlO and Disputes Settlement Machinery) Act 2008 SIXTH SCHEDULE Section 7(1)

ESSENTIAL SERVICES IN THE PUBLIC SERVICE.

Cross References

Labour Unions Act, Act No.7 of 2006 Local Governments Act, Cap. 243.

ACTS SUPPLEMENT No. 6 11th July, 2008. ACTS SUPPLEMENT to The Uganda Gazette No. 36 Volume CI dated 11 th July, 2008. Printed by UPPC, Entebbe, by Order of the Government.

Act 11 Public Service Commission Act 2008 THE PUBLIC SERVICE COMMISSION ACT, 2008.

Section. ARRANGEMENT OF SECTIONS

Act 11 Public Service Commission Act 2008 Section.

This Act shall come into force on such day as the Minister may, by statutory instrument, appoint.

In this Act, unless the context otherwise requires- "Chairperson" means the Chairperson of the Commission; "Commission" means the Public Service Commission established by Article 165 of the Constitution; "currency point" means the value specified in the First Schedule in relation to a currency point;.

Act 11 Public Service Commission Act 2008 "Deputy Chairperson" means a Deputy Chairperson of the Commission;

Act 11 Public Service Commission Act 2008 (c) a member of the executive of a political party or political organization; or (d) a public officer. (4) A member of the Commission shall hold office for a term of four years but is eligible for reappointment; except that of the first members appointed to the Commission under the Constitution, four shall be appointed to hold office for three years, which shall be specified in their instruments of appointment. (5) In accordance with the provisions of the Constitution, the emoluments of members of the Commission shall be charged on the Consolidated Fund. (6) In the absence of both the Chairperson and the Deputy Chairperson, the President may designate one of the members to act as Chairperson.

Act 11 Public Service Commission Act 2008 (4) Where a tribunal is appointed by the President under subsection (3) in respect of any member of the Commission, the President shall suspend that member from performing the functions of his or her office.

The Commission shall have a seal which-

Act 11 Public Service Commission Act 2008 (a) shall be in such a form as the Commission may determine; and (b) subject to the provisions of any written law, shall be applied or affixed to a document or otherwise used in such circumstances as the Commission may determine.

The Chairperson, Deputy Chairperson and members of the Commission shall be paid salaries and allowances at such rates as are from time to time prescribed by the Salaries and Allowances (Specified Officers) Act, or any other applicable legislation.

In accordance with the provisions of the Constitution, the Commission shall, in the exercise of its functions, be independent and shall not be subject to the direction or control of any person or authority; except that it shall take into account government policy relating to the public service.

(2 ) The annual report referred to in subsection (1) shall be-

Act 11 Public Service Commission Act 2008 (2) The Secretary is, unless in any particular case the Commission otherwise directs in writing, entitled to attend all meetings of the Commission, but shall have no vote on any matter falling to be decided by the Commission at any such meeting.

The Commission shall have such other officers and employees as may be necessary for the discharge of its functions.

Act 11 Public Service Commission Act 2008 (2) An employee or other person performing any function of the Commission under the authority of the Commission shall not be personally liable to any civil proceedings for any act or omission done in good faith in the performance of those functions.

In dealing with matters of discipline, whether or not requiring severe punishment, including removal from the public service, the Commission shall, in the spirit of article 173 of the Constitution, observe the rules of natural justice and in particular, the Commission shall ensure that an officer against whom disciplinary proceedings are being taken is-

Act 11 Public Service Commission Act 2008

Subject to the Constitution, but notwithstanding any applicable written law, unless the Chairperson, or in his or her absence the Deputy Chairperson, consents in writing, no person shall, in any legal proceedings, be permitted or compelled to produce or disclose any communication, written or oral, between- (a) the Commission or any member or officer of the Commission and the President, the Vice-President, a Minister, any Commission established by the Constitution or any member or officer of any such Commission or any other Government institution or a public officer; or (b) any member or officer of the Commission and the Chairperson; or (c) a member or officer of the Commission and another member or officer of the Commission, in the exercise of or in connection with the exercise of the functions of the Commission.

A person, other than a person who is notified to appear before the Commission solely in connection with his or her application for appointment to, or employment in, the public service who- (a) without reasonable cause or excuse, fails to appear before the Commission when notified to do so; or (b) who willfully fails to produce any documents in his or her possession when requested to do so by the Commission, commits an offence and is liable, on conviction, to a fine not exceeding one hundred currency points or imprisonment for a term not exceeding six months, or both.

A witness before the Commission shall have the same immunities and privileges enjoyed by or applicable to a witness before the High Court.

Act 11 Public Service Commission Act 2008

A prosecution for an offence against any provision of this Act shall not be instituted except with the consent of the Director of Public Prosecutions.

Any recommendation the Commission makes to the Government in the exercise of its functions under the Constitution, this Act or any written law shall be channeled through the Minister.

Act 11 Public Service Commission Act 2008

In accordance with the provisions of the Constitution, the Commission may, by statutory instrument, make regulations for the better carrying into effect the purposes and principles of this Act and for its due administration.

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

SCHEDULES.

Act 11 Public Service Commission Act 2008 FIRST SCHEDULE Section 2

CURRENCY POINT

A currency point is equivalent to twenty thousand shillings.

Act 11 Public Service Commission Act 2008 SECOND SCHEDULE

Sections 5 and 15 Oaths.

Thi' Order may be cited as the Traffic and Road Safety (Speed of Motor Vehicle) Exemption) (No. 2) Order. 2008.

A person who drives a motor vehicle and who competes in the Mbarara Tap Rally. organised by the Federation of Motor Sports Club of Uganda IFMU . commencing on the 28th March, 2008 and ending on the 30th March. 2008 and going through the Districts of Mbarara and Bushenyi empted from the provisions of section 120 of the Traffic and Road Safety Act. Cap 361 for the duration of that rally.

JOHN BYAB AG AW3M Minister of State for Works, holding the Minister of Works as

- STATUTORY INSTRUMENTS St PPLEMENT No. 6 15th February, 2008 STATUTORY INSTRUMENTS SUPPLEMENT to The Uganda Gazette No. 9 Volume CI dated 15th February, 2008 Printed by UPPC. Entebbe, by Order of the Government.

STATUTORY INSTRUMENTS 2008 No. 10. The Electoral Commission (Appointment of Date of Completion of Update of Voters* Register in Bukomansimbi County, Masaka District) Instrument, 2008. L nder Section 19(8)(b) of the Electoral Commission Act, Cap 140. In exercise of the powers conferred upon the Minister under section 19 S T?» :f the Electoral Commission Act, Cap 140, this Instrument is made this 14th day of February, 2008.

This Instrument may be cited as the Electoral Commission < App- rzment of Date of Completion of Update of Voters' Register in Bui County, Masaka District) Instrument, 2008.

The . M". _p : February, 2008, is hereby appointed as the date upon which the CommissKr snail complete the exercise of updating the Voters' Register for purpose' :: r.e b\-election in Bukomansimbi County, Masaka District.

For purposes or paragraph 2 of this Instrument, after the appointed date, no appfcri ?r. form from Bukomansimbi County, Masaka District shall be accepter b> the Electoral Commission, seeking- (at to register as a voter; or (b1*to transfer to a new voting location.

HON. (DR) EDWARD KHIDDU-MAKUBUYA. M P Minister of Justice and Constitutional . r'

.Rtf DEVELOPMENT STATUTORY INSTRUMENTS SUPPLEMENT No. 7 22nd February, 2008 STATUTORY INSTRUMENTS SUPPLEMENT to The Uganda Gazette No. 11 Volume CI dated 22nd February, 2008 Printed by UPPC, Entebbe, by Order of the Government.

STATUTORY INSTRUMENTS

2008 No. 11.

he Local Gov emments (Declaration of Towns) Regulations, 2008.

(Under >e::: "5 'and 175( 1) of the Local Governments Act, Cap. 243)

In exercise <■: the powers conferred upon the Minister responsible for local governments by sections 7(3) and 175 ( 1) of the Local Governments . Act. in cons_ .anon Mth the districts and with the approval of Cabinet, these Regulations are made this 14th day of September, 2006.

These Reg- may be cited as the Local Governments (Declaration of Towns' Regulations, 2008.

The fo/c'A - g areas are declared to be towns-

(e ) Butaleja -comprising Nanyulu, Hisega, Butaleja, Lujehe. Sagenda and Bunghaji Wards in Butaleja District;

MAJ. GEN. KAHINDA OTAFIIRE. Minister of Local Government.