\u00a0<\/p>\n
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LOCAL GOVERNMENT FINANCE COMMISSION ACT, 2003.<\/p>\n
ARRANGEMENT OF SECTIONS.<\/b><\/p>\n
\u00a0\u00a0\u00a0Section<\/p>\n
PART I
PRELIMINARY.<\/p>\n
\u00a0\u00a0\u00a01.\u00a0\u00a0\u00a0Short title. <\/a><\/p>\n \u00a0\u00a0\u00a02.\u00a0\u00a0\u00a0Interpretation. <\/a><\/p>\n PART II \u00a0\u00a0\u00a03.\u00a0\u00a0\u00a0Establishment of the Commission. <\/a><\/p>\n \u00a0\u00a0\u00a04.\u00a0\u00a0\u00a0Commission to be a body corporate. <\/a><\/p>\n \u00a0\u00a0\u00a05.\u00a0\u00a0\u00a0Oath of Members. <\/a><\/p>\n \u00a0\u00a0\u00a06.\u00a0\u00a0\u00a0Removal of member of Commission. <\/a><\/p>\n \u00a0\u00a0\u00a07.\u00a0\u00a0\u00a0Chairperson and Vice Chairperson of the Commission. <\/a><\/p>\n \u00a0\u00a0\u00a08.\u00a0\u00a0\u00a0Emoluments and status of Members. <\/a><\/p>\n PART III \u00a0\u00a0\u00a09.\u00a0\u00a0\u00a0Functions of the Commission. <\/a><\/p>\n \u00a0\u00a0\u00a010.\u00a0\u00a0\u00a0Exercise of powers and functions. <\/a><\/p>\n \u00a0\u00a0\u00a011.\u00a0\u00a0\u00a0Committees of the Commission. <\/a><\/p>\n \u00a0\u00a0\u00a012.\u00a0\u00a0\u00a0Proceedings of the Commission. <\/a><\/p>\n PART IV \u00a0\u00a0\u00a013.\u00a0\u00a0\u00a0The Secretariat. <\/a><\/p>\n \u00a0\u00a0\u00a014.\u00a0\u00a0\u00a0Secretary of the Commission. <\/a><\/p>\n \u00a0\u00a0\u00a015.\u00a0\u00a0\u00a0Other officers and employees of the Commission. <\/a><\/p>\n PART V \u00a0\u00a0\u00a016.\u00a0\u00a0\u00a0Financial year. <\/a><\/p>\n \u00a0\u00a0\u00a017.\u00a0\u00a0\u00a0Funds of the Commission. <\/a><\/p>\n \u00a0\u00a0\u00a018.\u00a0\u00a0\u00a0Accounts and audit. <\/a><\/p>\n PART VI \u00a0\u00a0\u00a019.\u00a0\u00a0\u00a0Seal of Commission. <\/a><\/p>\n \u00a0\u00a0\u00a020.\u00a0\u00a0\u00a0Powers of Minister. <\/a><\/p>\n \u00a0\u00a0\u00a021.\u00a0\u00a0\u00a0Meetings of Commission. <\/a><\/p>\n \u00a0\u00a0\u00a022.\u00a0\u00a0\u00a0Enforcement of attendance, <\/a><\/p>\n \u00a0\u00a0\u00a023.\u00a0\u00a0\u00a0Failure to appear or produce documents. <\/a><\/p>\n \u00a0\u00a0\u00a024.\u00a0\u00a0\u00a0Validity of proceedings not affected by vacancy. <\/a><\/p>\n \u00a0\u00a0\u00a025.\u00a0\u00a0\u00a0Report of the Commission. <\/a><\/p>\n \u00a0\u00a0\u00a026.\u00a0\u00a0\u00a0Immunity of members and staff of the Commission. <\/a><\/p>\n \u00a0\u00a0\u00a027.\u00a0\u00a0\u00a0Regulations. <\/a><\/p>\n \u00a0\u00a0\u00a028.\u00a0\u00a0\u00a0Minister’s power to amend First Schedule. <\/a><\/p>\n \u00a0\u00a0\u00a029.\u00a0\u00a0\u00a0Consequential repeal of existing provisions in Local Governments Act. <\/a><\/p>\n \u00a0<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0First Schedule<\/a><\/i>\u00a0\u00a0\u00a0Currency point.<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Second Schedule<\/a><\/i>\u00a0\u00a0\u00a0Oaths.<\/p>\n \u00a0<\/p>\n LOCAL GOVERNMENT FINANCE COMMISSION ACT, 2003.<\/p>\n Commencement:<\/i> 17 November, 2003.<\/p>\n \u00a0\u00a0\u00a0An Act to make provision relating to the establishment and functions of the Local Government Finance Commission as provided by the Constitution and to provide for other related matters.<\/b><\/p>\n \u00a0<\/p>\n PART I \u00a0<\/p>\n <\/a>1.\u00a0\u00a0\u00a0Short title.<\/p>\n \u00a0\u00a0\u00a0This Act may be cited as the Local Government Finance Commission Act.<\/p>\n \u00a0<\/p>\n <\/a>2.\u00a0\u00a0\u00a0Interpretation.<\/p>\n \u00a0\u00a0\u00a0In this Act, unless the context otherwise requires\u2014<\/p>\n \u00a0\u00a0\u00a0“Chairperson” <\/b>means the Chairperson of the Commission and “Vice Chairperson” shall be construed accordingly;<\/p>\n \u00a0\u00a0\u00a0“Commission”<\/b> means the Local Government Finance Commission established by article 194 of the Constitution;<\/p>\n \u00a0\u00a0\u00a0“Council”<\/b> means a Council referred to in section 4 or 46 of the Local Governments Act;<\/p>\n \u00a0\u00a0\u00a0“currency point”<\/b> means the value specified in relation to a currency point in the First Schedule to this Act;<\/p>\n \u00a0\u00a0\u00a0“Local Government”<\/b> means the Local Councils established under subsections (2), (3), (4) and (5) of section 4 of the Local Governments Act;<\/p>\n \u00a0\u00a0\u00a0“Government”<\/b> means the Government of Uganda;<\/p>\n \u00a0\u00a0\u00a0“Minister”<\/b> means the Minister responsible for local governments;<\/p>\n \u00a0\u00a0\u00a0“Secretary”<\/b> means the Secretary to the Commission appointed under Section 9 of this Act.<\/p>\n \u00a0<\/p>\n PART II \u00a0<\/p>\n <\/a>3.\u00a0\u00a0\u00a0Establishment of the Commission.<\/p>\n \u00a0\u00a0\u00a0(1) There shall be a Local Government Finance Commission consisting of seven members.<\/p>\n \u00a0\u00a0\u00a0(2) Members of the Commission shall be persons of high moral character and proven integrity and demonstrated competence in the conduct of public affairs.<\/p>\n \u00a0\u00a0\u00a0(3) Members of the Commission shall be appointed by the President for a period of four years and shall be eligible for reappointment for one further term.<\/p>\n \u00a0\u00a0\u00a0(4) The seven members to be appointed by the President shall be nominated for appointment as follows\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0three persons shall be nominated by the District Councils;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0one person shall be nominated by the Urban Councils;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0three members shall be nominated by the Minister in consultation with the Minister responsible for finance.<\/p>\n \u00a0\u00a0\u00a0(5) At least two members of the Commission shall be persons qualified in financial management or who are qualified accountants.<\/p>\n \u00a0\u00a0\u00a0(6) A person shall not qualify to be appointed as a member of the Commission if that person\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0is less than 18 years of age;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0is of unsound mind;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0is an undischarged bankrupt;<\/p>\n \u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0has been convicted of an offence under this Act or an offence involving fraud or dishonesty by a competent court in Uganda, or elsewhere; or<\/p>\n \u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0has been convicted of an offence and sentenced to a term of imprisonment of six months or more by a competent court in Uganda, or elsewhere.<\/p>\n \u00a0<\/p>\n <\/a>4.\u00a0\u00a0\u00a0Commission to be a body corporate.<\/p>\n \u00a0\u00a0\u00a0The Commission shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name and may, subject to the provisions of the Constitution, do, enjoy or suffer anything that may be done, enjoyed or suffered by a body corporate.<\/p>\n \u00a0<\/p>\n <\/a>5.\u00a0\u00a0\u00a0Oath of Members.<\/p>\n \u00a0\u00a0\u00a0(1) Subject to subsection (3) of this section, every member of the Commission shall, before assuming his or her duties as Commissioner, take and sub<\/p>\n {mprestriction ids=”1,2,3″}<\/p>\n scribe the oath specified in Part 1A of the Second Schedule to this Act.<\/p>\n \u00a0\u00a0\u00a0(2) Subject to subsection (3) a person elected Chairperson or Vice Chairperson shall before assuming his or her duties as Chairperson or Vice Chairperson take and subscribe the oath specified in Part 1B of the Second Schedule to this Act.<\/p>\n \u00a0\u00a0\u00a0(3) Where before the commencement of this Act any person has been appointed a member, Chairperson or Vice Chairperson of the Commission, that person shall, as soon as practicable, take and subscribe the oath referred to in subsection (1) or (2) of this section.<\/p>\n \u00a0<\/p>\n <\/a>6.\u00a0\u00a0\u00a0Removal of member of Commission.<\/p>\n \u00a0\u00a0\u00a0(1) A member of the Commission may be removed from office by the President on the recommendation of the nominating authority through the Minister but can only be removed on the following grounds\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0inability to perform the functions of that office arising out of physical or mental incapacity;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0abuse of office;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0corrupt tendencies, misbehaviour or misconduct;<\/p>\n \u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0incompetence;<\/p>\n \u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0failure to attend three consecutive ordinary meetings without valid reasons acceptable to the Commission;<\/p>\n \u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0if for any reason, he or she is permanently incapable of performing the duties of a member;<\/p>\n \u00a0\u00a0\u00a0(g<\/i>)\u00a0\u00a0\u00a0where information relating to the conduct of a member, which could have precluded his or her appointment if it had been made available to the nominating authority or the Minister, is brought to the attention of the Minister; or<\/p>\n \u00a0\u00a0\u00a0(h<\/i>)\u00a0\u00a0\u00a0if he or she neglects the duties of member or behaves in a manner unbecoming of the office of member.<\/p>\n \u00a0\u00a0\u00a0(2) The Chairperson or the Vice Chairperson may be removed by the President upon the recommendation of not less than two-thirds of the members of the Commission.<\/p>\n \u00a0\u00a0\u00a0(3) Where it appears to the Minister that there is cause to remove a member, the Minister shall notify the member concerned in writing and shall give the member an opportunity to submit his or her explanation to the Minister.<\/p>\n \u00a0\u00a0\u00a0(4) Where the Minister is not satisfied with the explanation, the Minister may, with the approval of the Cabinet, recommend to the President the removal of the member.<\/p>\n \u00a0\u00a0\u00a0(5) Where a member is removed from office under this section, the nominating authority shall nominate for appointment by the President another person to replace the member and to hold office for the remainder of the term of the member.<\/p>\n \u00a0\u00a0\u00a0(6) If it is the Chairperson or the Vice Chairperson who has been removed the Commission shall elect a new Chairperson or Vice Chairperson under section 7 of this Act.<\/p>\n \u00a0<\/p>\n <\/a>7.\u00a0\u00a0\u00a0Chairperson and Vice Chairperson of the Commission.<\/p>\n \u00a0\u00a0\u00a0(1) The members of the Commission shall elect from among themselves, a Chairperson and Vice Chairperson.<\/p>\n \u00a0\u00a0\u00a0(2) The Chairperson shall be the head of the Commission and shall be responsible for the administration of the Commission and shall monitor and supervise the work of the Secretary.<\/p>\n \u00a0\u00a0\u00a0(3) The Chairperson and the Vice Chairperson shall hold office on a full time basis.<\/p>\n \u00a0\u00a0\u00a0(4) A person holding any of the following offices shall relinquish that office on election as a Chairperson or Vice Chairperson of the Commission\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0a member of Parliament;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0a member of a Local Government Council;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0a member of the executive of a political party or a political organisation; or<\/p>\n \u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0a public officer.<\/p>\n \u00a0<\/p>\n <\/a>8.\u00a0\u00a0\u00a0Emoluments and status of Members.<\/p>\n \u00a0\u00a0\u00a0(1) Members of the Commission shall be paid such emoluments as Parliament may determine.<\/p>\n \u00a0\u00a0\u00a0(2) For the avoidance of doubt, members of the Commission, other than the Chairperson and Vice Chairperson shall hold office on a part-time basis.<\/p>\n \u00a0<\/p>\n PART III \u00a0<\/p>\n <\/a>9.\u00a0\u00a0\u00a0Functions of the Commission.<\/p>\n \u00a0\u00a0\u00a0The Commission shall\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0advise the President on all matters concerning the distribution of revenue between the Government and Local Governments and the allocation to each Local Government of money out of the Consolidated Fund;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0in consultation with the National Planning Authority consider and recommend to the President the amount to be allocated as equalisation and conditional grants and their allocation to each Local Government;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0consider and recommend to the President potential sources of revenue for Local Governments;<\/p>\n \u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0advise the Local Governments on appropriate tax levels to be levied by Local Governments;<\/p>\n \u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0in case a financial dispute arises between Local Governments, mediate and advise the Minister accordingly;<\/p>\n \u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0analyse the annual budgets of Local Governments to establish compliance with the legal requirements and notify the Councils concerned and the President through the Minister for appropriate action;<\/p>\n \u00a0\u00a0\u00a0(g<\/i>)\u00a0\u00a0\u00a0recommend to the President through the Minister, the percentage of the National Budget to be transferred to Local Governments every financial year;<\/p>\n \u00a0\u00a0\u00a0(h<\/i>)\u00a0\u00a0\u00a0recommend to the President central government taxes that can be collected by local governments in their respective jurisdictions on an agency basis;<\/p>\n \u00a0\u00a0\u00a0(i<\/i>)\u00a0\u00a0\u00a0perform such other functions as may be prescribed by law.<\/p>\n \u00a0<\/p>\n <\/a>10.\u00a0\u00a0\u00a0Exercise of powers and functions.<\/p>\n \u00a0\u00a0\u00a0The Commission shall perform its functions and exercise its powers in a manner that\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0is open and objective;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0is fair and reasonable;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0is non-discriminatory; and<\/p>\n \u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0promotes good governance and economic development.<\/p>\n \u00a0<\/p>\n <\/a>11.\u00a0\u00a0\u00a0Committees of the Commission.<\/p>\n \u00a0\u00a0\u00a0(1) The Commission may appoint one or more ad hoc<\/i> Committees\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0to inquire into and advise the Commission on such matters within the jurisdiction of the Commission as the Commission may determine; or<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0to exercise such powers or perform such duties of the Commission as the Commission may determine.<\/p>\n \u00a0\u00a0\u00a0(2) A Committee shall have a Chairperson who shall be a member of the Commission and such other persons as the Commission may determine.<\/p>\n \u00a0\u00a0\u00a0(3) Subject to any directions that may be given by the Commission, a Committee may regulate its own procedure.<\/p>\n \u00a0\u00a0\u00a0(4) A Committee shall not disclose any information in its possession to any person, organisation or authority without the written permission of the Commission.<\/p>\n \u00a0<\/p>\n <\/a>12.\u00a0\u00a0\u00a0Proceedings of the Commission.<\/p>\n \u00a0\u00a0\u00a0(1) Every decision of the Commission shall, as far as possible, be by consensus.<\/p>\n \u00a0\u00a0\u00a0(2) Where on any matter consensus cannot be obtained, the matter shall be decided by a majority of votes of the members present and in case of an equality of votes, the person presiding shall have a casting vote in addition to his or her deliberative vote.<\/p>\n \u00a0\u00a0\u00a0(3) The Secretary shall cause to be recorded minutes of all proceedings of the Commission.<\/p>\n \u00a0\u00a0\u00a0(4) The Secretary shall have custody of the minutes of the Commission.<\/p>\n \u00a0<\/p>\n PART IV \u00a0<\/p>\n <\/a>13.\u00a0\u00a0\u00a0The Secretariat.<\/p>\n \u00a0\u00a0\u00a0(1) The Commission shall have a Secretariat which shall be responsible for the day-to-day operations of the Commission.<\/p>\n \u00a0\u00a0\u00a0(2) The Secretariat shall have such departments as may be necessary to discharge the functions of the Commission.<\/p>\n \u00a0<\/p>\n <\/a>14.\u00a0\u00a0\u00a0Secretary of the Commission.<\/p>\n \u00a0\u00a0\u00a0(1) The Commission shall have a Secretary who shall be a public officer appointed by the Commission upon such terms and conditions as may be determined by the Commission in consultation with the Public Service Commission and specified in his or her instrument of appointment.<\/p>\n \u00a0\u00a0\u00a0(2) The Secretary shall be a person of high moral character and proven integrity, possessing the relevant qualifications.<\/p>\n \u00a0\u00a0\u00a0(3) The Secretary shall, subject to section 17 of this Act, perform such functions as may be assigned to him or her by the Commission.<\/p>\n \u00a0\u00a0\u00a0(4) The Secretary shall, before assuming the performance of his or her functions under this Act, take and subscribe to the oath specified in Part II of the Second Schedule to this Act.<\/p>\n \u00a0\u00a0\u00a0(5) The Secretary may be removed by the Commission only for\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0inability to perform the functions of his or her office arising out of physical or mental incapacity;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0misbehaviour or misconduct;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0incompetence; or<\/p>\n \u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0corruption or dishonesty.<\/p>\n \u00a0<\/p>\n <\/a>15.\u00a0\u00a0\u00a0Other officers and employees of the Commission.<\/p>\n \u00a0\u00a0\u00a0(1) The Commission shall have such other officers and employees as may be necessary for the discharge of its functions.<\/p>\n \u00a0\u00a0\u00a0(2) The officers and employees referred to in subsection (1) shall be appointed by the Commission acting in consultation with the Public Service Commission, and shall hold office upon such terms and conditions as shall be determined by the Commission in consultation with the Public Service Commission.<\/p>\n \u00a0\u00a0\u00a0(3) The Commission shall require any officer or employee of the Commission to take and subscribe to the oath of secrecy specified in Part III of the Second Schedule to this Act.<\/p>\n \u00a0<\/p>\n PART V \u00a0<\/p>\n <\/a>16.\u00a0\u00a0\u00a0Financial year.<\/p>\n \u00a0\u00a0\u00a0The Financial year of the Commission shall be the same as the financial year of the Government.<\/p>\n \u00a0<\/p>\n <\/a>17.\u00a0\u00a0\u00a0Funds of the Commission.<\/p>\n \u00a0\u00a0\u00a0(1) All funds of the Commission shall be administered and controlled by the Secretary who shall be the Accounting Officer in accordance with the Public Finance Act.<\/p>\n \u00a0\u00a0\u00a0(2) All monies required to defray all expenses that may be incurred in the discharge of the functions of the Commission or in the carrying out of the purpose of this Act, including the payment of allowances, salaries and pension payable to or in respect of persons serving with the Commission, shall be submitted to Parliament for approval without alteration and when so approved shall be directly charged on the Consolidated Fund.<\/p>\n \u00a0\u00a0\u00a0(3) The funds of the Commission may, with the prior approval of the Minister, include grants and donations from sources within or outside Uganda to enable the Commission to discharge its functions.<\/p>\n \u00a0\u00a0\u00a0(4) The Commission shall be a self accounting institution and shall deal directly with the Ministry responsible for finance on matters relating to its finances.<\/p>\n \u00a0\u00a0\u00a0(5) Where the budget has been approved by Parliament no expenditure which is not approved within the budget shall be incurred by the Commission in respect of the financial year in relation to which the budget was approved.<\/p>\n \u00a0<\/p>\n <\/a>18.\u00a0\u00a0\u00a0Accounts and audit.<\/p>\n \u00a0\u00a0\u00a0(1) The Commission shall maintain accounts of all its incomes and expenditure in a form approved by the Auditor General.<\/p>\n \u00a0\u00a0\u00a0(2) The accounts of the Commission shall be audited by the Auditor General in accordance with article 163 of the Constitution.<\/p>\n \u00a0<\/p>\n PART VI \u00a0<\/p>\n <\/a>19.\u00a0\u00a0\u00a0Seal of Commission.<\/p>\n \u00a0\u00a0\u00a0The Commission shall have a seal which shall be in such form as the Commission may determine and shall, subject to the provisions of any law, be applied in such circumstances as the Commission may determine.<\/p>\n \u00a0<\/p>\n <\/a>20.\u00a0\u00a0\u00a0Powers of Minister.<\/p>\n \u00a0\u00a0\u00a0(1) The Minister may, from time to time, give guidance in writing to the Commission with respect to the policy to be observed and implemented by the Commission.<\/p>\n \u00a0\u00a0\u00a0(2) The Minister may refer to the Commission for advice or resolution, any matter that the Minister considers to be within the mandate of the Commission.<\/p>\n \u00a0<\/p>\n <\/a>21.\u00a0\u00a0\u00a0Meetings of Commission.<\/p>\n \u00a0\u00a0\u00a0(1) The Commission shall ordinarily meet for the discharge of its functions at least once in every two months at a time and place that the Chairperson may determine.<\/p>\n \u00a0\u00a0\u00a0(2) Notwithstanding the provisions of this section, the Chairperson may at any time call a special meeting of the Commission if in his or her opinion a situation has arisen requiring the Commission to meet and take a decision.<\/p>\n \u00a0\u00a0\u00a0(3) Five members of the Commission shall form a quorum<\/i> at any meeting of the Commission.<\/p>\n \u00a0\u00a0\u00a0(4) Every meeting of the Commission shall be presided over by the Chairperson and in his or her absence by the Vice Chairperson.<\/p>\n \u00a0\u00a0\u00a0(5) The Commission may invite any person to any meeting of the Commission to assist it on any matter if the Commission is satisfied that that person’s qualifications and experience are likely to assist the Commission.<\/p>\n \u00a0\u00a0\u00a0(6) A person invited to assist the Commission under subsection (5) is entitled to take part in the proceedings of the Commission at the meeting concerning the matter in connection with which he or she is invited, but is not entitled to vote or take part in any other proceedings of the Commission.<\/p>\n \u00a0\u00a0\u00a0(7) Except as otherwise expressly provided in this section, the Commission may prescribe its own procedure.<\/p>\n \u00a0<\/p>\n <\/a>22.\u00a0\u00a0\u00a0Enforcement of attendance.<\/p>\n \u00a0\u00a0\u00a0The Commission may require any person to attend and give evidence and tender any document in his or her possession concerning any matter which the Commission may properly consider in the exercise of its functions under the Constitution and this Act, and may require the production of any document relating to any matter by any person attending before it.<\/p>\n \u00a0<\/p>\n <\/a>23.\u00a0\u00a0\u00a0Failure to appear or produce documents.<\/p>\n \u00a0\u00a0\u00a0A person who is notified to appear before the Commission who, without reasonable cause fails to do so, or who wilfully fails to produce any document in his or her possession when required to do so by the Commission, commits an offence and is liable on conviction, to a fine not exceeding 50 currency points or imprisonment not exceeding six months or both.<\/p>\n \u00a0<\/p>\n <\/a>24.\u00a0\u00a0\u00a0Validity of proceedings not affected by vacancy.<\/p>\n \u00a0\u00a0\u00a0The validity of any proceedings of the Commission shall not be affected by any vacancy among its members or by any defect in the appointment of any of them.<\/p>\n \u00a0<\/p>\n <\/a>25.\u00a0\u00a0\u00a0Report of the Commission.<\/p>\n \u00a0\u00a0\u00a0(1) The Commission shall submit to Parliament at least once every 12 months a report on the performance of its functions making such recommendations as it considers necessary and containing such information as Parliament may require.<\/p>\n \u00a0\u00a0\u00a0(2) A copy of the report referred to in subsection (1) of this section shall be forwarded to the President through the Minister.<\/p>\n \u00a0\u00a0\u00a0(3) The Minister shall cause to be laid before Parliament the report submitted under subsection (1) of this section within 30 days after it has been submitted, and if Parliament is not in session, within 30 days after the commencement of its next following session.<\/p>\n \u00a0<\/p>\n <\/a>26.\u00a0\u00a0\u00a0Immunity of members and staff of the Commission.<\/p>\n \u00a0\u00a0\u00a0A member of the Commission or any employee or other person performing any function of the Commission under the direction of the Commission, shall not be personally liable to any civil proceedings for any act or omission on his or her part in good faith in the performance of those functions.<\/p>\n \u00a0<\/p>\n <\/a>27.\u00a0\u00a0\u00a0Regulations.<\/p>\n \u00a0\u00a0\u00a0The Minister may, in consultation with the Commission, by statutory instrument, make regulations\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0providing for the organisation and work of the Commission;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0providing for the engagement of experts and consultants in connection with any of the functions of the Commission and the remuneration to be paid to such experts and consultants;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0generally prescribing anything necessary for the better carrying into effect of the provisions of this Act.<\/p>\n \u00a0<\/p>\n <\/a>28.\u00a0\u00a0\u00a0Minister’s power to amend First Schedule.<\/p>\n \u00a0\u00a0\u00a0The Minister may, with approval of the Cabinet, by statutory instrument, amend the First Schedule to this Act.<\/p>\n \u00a0<\/p>\n <\/a>29.\u00a0\u00a0\u00a0Consequential repeal of existing provisions in Local Governments Act.<\/p>\n \u00a0\u00a0\u00a0Sections 75, 76 and 77 of the Local Governments Act are repealed.<\/p>\n \u00a0<\/p>\n
ESTABLISHMENT AND FUNCTIONS OF THE COMMISSION.<\/p>\n
FUNCTIONS OF THE COMMISSION.<\/p>\n
THE SECRETARIAT.<\/p>\n
FINANCIAL PROVISIONS.<\/p>\n
GENERAL.<\/p>\n
PRELIMINARY.<\/p>\n
ESTABLISHMENT AND FUNCTIONS OF THE COMMISSION.<\/p>\n
FUNCTIONS OF THE COMMISSION.<\/p>\n
THE SECRETARIAT.<\/p>\n
FINANCIAL PROVISIONS.<\/p>\n
GENERAL.<\/p>\n