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UGANDA ROAD FUND ACT.

ARRANGEMENT OF SECTIONS

   Section

PART I
PRELIMINARY.

   1.   Commencement.

   2.   Purpose of the Act.

   3.   Principles of the Fund.

   4.   Interpretation.

PART II
ESTABLISHMENT OF THE UGANDA ROAD FUND.

   5.   Establishment of the Uganda Road Fund.

   6.   Object of the Fund.

PART III
MANAGEMENT OF THE FUND.

   7.   Fund Management Board.

   8.   Composition of the Board.

   9.   Qualifications of members of the Board.

   10.   Disqualification for appointment to the Board.

   11.   Tenure of office of members of the Board.

   12.   Filling of vacancies on the Board.

   13.   Remuneration of members of the Board.

   14.   Functions of the Board.

   15.   Meetings of the Board.

PART IV
SECRETARIAT OF THE BOARD.

   16.   Secretariat of the Board.

   17.   Executive Director.

   18.   Functions of Executive Director.

   19.   Tenure of office of Executive Director.

   20.   Other officers and staff of Secretariat.

PART V
FINANCES OF THE FUND.

   21.   Finances of the Fund.

   22.   Purposes for which the Fund may be applied.

   23.   Annual Road Maintenance Programme.

   24.   Annual Road Expenditure Programme.

   25.   Road Maintenance Plans.

   26.   Performance Statement.

   27.   Failure to comply with Road Maintenance Plan or Performance Statement.

   28.   Tabling of Plans and Performance Statements before Parliament.

   29.   Limits on disbursement of monies from the Fund.

   30.   Withdrawal procedure.

   31.   Duty to operate on sound financial principles.

   32.   Power to open and operate bank accounts.

   33.   Borrowing powers.

   34.   Investment of surplus funds.

   35.   Estimates.

   36.   Financial year of the Fund.

   37.   Accounts.

   38.   Audit.

   39.   Annual report.

   40.   Compliance with Public Finance and Accountability Act.

PART VI
DESIGNATED AGENCIES.

   41.   Designation of agencies.

   42.   General duties of designated agencies.

   43.   Allocation of funds to designated agencies.

   44.   Provision of information.

PART VII
MISCELLANEOUS.

   45.   Protection from liability of members of the Board and employees of the Fund.

   46.   Collection of information by the Board.

   47.   Service of documents.

   48.   Supremacy of this Act.

   49.   Regulations.

   50.   Amendment of Schedules.

 

      Schedule 1   Currency Point

      Schedule 2   Meetings of the Board and Related Matters

 

UGANDA ROAD FUND ACT.

   An Act to establish the Uganda Road Fund for the purpose of financing routine and periodic maintenance of public roads; to facilitate the delivery of road maintenance services; to provide for designated agencies for purposes of the Road Fund; to provide for the management of the Fund; and for other related matters.

Commencement: 11 November, 2008.

 

PART I
PRELIMINARY.

 

1.   Commencement.

   This Act shall come into force on a date to be appointed by the Minister by statutory instrument.

 

2.   Purpose of the Act.

   The purpose of this Act is—

   (a)   to establish the Uganda Road Fund;

   (b)   to facilitate the delivery of road maintenance services;

   (c)   to create an environment that is conducive to the efficient and effective maintenance of public roads; and

   (d)   to promote potential for the continuous improvement of the services provided by the Fund.

 

3.   Principles of the Fund.

   The Fund shall, in achieving its purposes under section 2, take into account and give effect to the following principles—

   (a)   the provision of its services in the most economic, efficient and effective manner;

   (b)   the management of its affairs in a business like and cost effective manner and in accordance with modern management practices and techniques and in particular, apply to its operations the best standards of financial management and accounting; and

   (c)   ensure that its operations are designed for the provision of the best services to its customers, while maintaining a high degree of responsiveness to their needs.

 

4.   Interpretation.

   In this Act, unless the context otherwise requires—

   "Annual Road Maintenance Programme" means a programme relating to routine and periodic maintenance of public roads referred to in section 23;

   "Authority" means the Uganda National Roads Authority established by the Uganda National Roads Authority Act;

   "Board" means the Fund Management Board established by section 7;

   "currency point" has the value assigned to it in Schedule 1;

   "designated agency" means an agency or sub agency designed under section 41;

   "Executive Director" means the Executive Director of the Board appointed under section 17, or a person authorised to act on his or her behalf;

   "Fund" means the Uganda Road Fund established by section 5;

   "Minister" means the Minister responsible for finance;

   "public roads" includes national, district, urban roads and community access roads;

   "road tariff" means road user charges within the meaning of section 21(1)(a);

   "Secretariat" means the Secretariat of the Board;

   "weight-distance charge" means a surcharge imposed on heavy vehicles to account for the large impact of heavy vehicles on the road network.

 

PART II
ESTABLISHMENT OF THE UGANDA ROAD FUND.

 

5.   Establishment of the Uganda Road Fund.

   (1) There is established the Uganda Road Fund.

   (2) The Fund shall be a body corporate with perpetual succession and an official seal and may, for the discharge of its functions under this Act—

   (a)   acquire, hold and dispose of movable and immovable property;

   (b)   sue and be sued in its corporate name; and

   (c)   do or perform all acts and things as a body corporate may lawfully do or perform.

 

6.   Object of the Fund.

   The object of the Fund is—

   (a)   to finance the routine and periodic maintenance of public roads in Uganda;

   (b)   to ensure that public roads are maintained at all times; and

   (c)   to advise the Minister, in consultation with the Minister responsible for roads and the Minister responsible for local governments on—

      (i)   the preparation and efficient and effective implementation of the Annual Road Maintenance Programme; and

      (ii)   the control of overloading of vehicles on public roads.

 

PART III
MANAGEMENT OF THE FUND.

 

7.   Fund Management Board.

   (1) There is established a Fund Management Board.

   (2) The Board shall manage the business of the Fund in accordance with sound commercial principles to enable effective, efficient and stable road expenditures through the implementation of a road user charging system.

 

8.   Composition of the Board.

   (1) The Board shall be a broad based private and public board with a majority of road users, comprising seven reputable persons nominated from the public and private sectors appointed by the Minister, in consultation with the Minister responsible for roads, with the approval of Cabinet.

   (2) The members appointed under subsection (1) shall include—

   (a)   a representative of the Ministry responsible for finance, not below the rank of Commissioner;

   (b)   a representative of the Ministry responsible for roads not below the rank of Commissioner;

   (c)   a representative of the Ministry responsible for local governments, not below the rank of Commissioner;

   (d)   a representative of freight transporters;

   (e)   a representative of passenger transporters;

   (f)   a representative of the accountants profession; and

   (g)   a representative of the engineers profession.

   (3) The Minister shall appoint the Chairperson of the Board from among the members appointed under subsection (2)(d), (e), (f) and (g).

   (4) The Executive Director shall be an ex officio member of the Board and shall act as the Secretary to the Board.

   (5) At least one-third of the members of the Board shall be women.

 

9.   Qualifications of members of the Board.

   (1) The members of the Board shall be persons of high moral

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