\u00a0<\/p>\n
UGANDA ROAD FUND ACT.<\/p>\n
ARRANGEMENT OF SECTIONS<\/b><\/p>\n
\u00a0\u00a0\u00a0Section<\/p>\n
PART I
PRELIMINARY.<\/p>\n
\u00a0\u00a0\u00a01.\u00a0\u00a0\u00a0Commencement. <\/a><\/p>\n \u00a0\u00a0\u00a02.\u00a0\u00a0\u00a0Purpose of the Act. <\/a><\/p>\n \u00a0\u00a0\u00a03.\u00a0\u00a0\u00a0Principles of the Fund. <\/a><\/p>\n \u00a0\u00a0\u00a04.\u00a0\u00a0\u00a0Interpretation. <\/a><\/p>\n PART II \u00a0\u00a0\u00a05.\u00a0\u00a0\u00a0Establishment of the Uganda Road Fund. <\/a><\/p>\n \u00a0\u00a0\u00a06.\u00a0\u00a0\u00a0Object of the Fund. <\/a><\/p>\n PART III \u00a0\u00a0\u00a07.\u00a0\u00a0\u00a0Fund Management Board. <\/a><\/p>\n \u00a0\u00a0\u00a08.\u00a0\u00a0\u00a0Composition of the Board. <\/a><\/p>\n \u00a0\u00a0\u00a09.\u00a0\u00a0\u00a0Qualifications of members of the Board. <\/a><\/p>\n \u00a0\u00a0\u00a010.\u00a0\u00a0\u00a0Disqualification for appointment to the Board. <\/a><\/p>\n \u00a0\u00a0\u00a011.\u00a0\u00a0\u00a0Tenure of office of members of the Board. <\/a><\/p>\n \u00a0\u00a0\u00a012.\u00a0\u00a0\u00a0Filling of vacancies on the Board. <\/a><\/p>\n \u00a0\u00a0\u00a013.\u00a0\u00a0\u00a0Remuneration of members of the Board. <\/a><\/p>\n \u00a0\u00a0\u00a014.\u00a0\u00a0\u00a0Functions of the Board. <\/a><\/p>\n \u00a0\u00a0\u00a015.\u00a0\u00a0\u00a0Meetings of the Board. <\/a><\/p>\n PART IV \u00a0\u00a0\u00a016.\u00a0\u00a0\u00a0Secretariat of the Board. <\/a><\/p>\n \u00a0\u00a0\u00a017.\u00a0\u00a0\u00a0Executive Director. <\/a><\/p>\n \u00a0\u00a0\u00a018.\u00a0\u00a0\u00a0Functions of Executive Director. <\/a><\/p>\n \u00a0\u00a0\u00a019.\u00a0\u00a0\u00a0Tenure of office of Executive Director. <\/a><\/p>\n \u00a0\u00a0\u00a020.\u00a0\u00a0\u00a0Other officers and staff of Secretariat. <\/a><\/p>\n PART V \u00a0\u00a0\u00a021.\u00a0\u00a0\u00a0Finances of the Fund. <\/a><\/p>\n \u00a0\u00a0\u00a022.\u00a0\u00a0\u00a0Purposes for which the Fund may be applied. <\/a><\/p>\n \u00a0\u00a0\u00a023.\u00a0\u00a0\u00a0Annual Road Maintenance Programme. <\/a><\/p>\n \u00a0\u00a0\u00a024.\u00a0\u00a0\u00a0Annual Road Expenditure Programme. <\/a><\/p>\n \u00a0\u00a0\u00a025.\u00a0\u00a0\u00a0Road Maintenance Plans. <\/a><\/p>\n \u00a0\u00a0\u00a026.\u00a0\u00a0\u00a0Performance Statement. <\/a><\/p>\n \u00a0\u00a0\u00a027.\u00a0\u00a0\u00a0Failure to comply with Road Maintenance Plan or Performance Statement. <\/a><\/p>\n \u00a0\u00a0\u00a028.\u00a0\u00a0\u00a0Tabling of Plans and Performance Statements before Parliament. <\/a><\/p>\n \u00a0\u00a0\u00a029.\u00a0\u00a0\u00a0Limits on disbursement of monies from the Fund. <\/a><\/p>\n \u00a0\u00a0\u00a030.\u00a0\u00a0\u00a0Withdrawal procedure. <\/a><\/p>\n \u00a0\u00a0\u00a031.\u00a0\u00a0\u00a0Duty to operate on sound financial principles. <\/a><\/p>\n \u00a0\u00a0\u00a032.\u00a0\u00a0\u00a0Power to open and operate bank accounts. <\/a><\/p>\n \u00a0\u00a0\u00a033.\u00a0\u00a0\u00a0Borrowing powers. <\/a><\/p>\n \u00a0\u00a0\u00a034.\u00a0\u00a0\u00a0Investment of surplus funds. <\/a><\/p>\n \u00a0\u00a0\u00a035.\u00a0\u00a0\u00a0Estimates. <\/a><\/p>\n \u00a0\u00a0\u00a036.\u00a0\u00a0\u00a0Financial year of the Fund. <\/a><\/p>\n \u00a0\u00a0\u00a037.\u00a0\u00a0\u00a0Accounts. <\/a><\/p>\n \u00a0\u00a0\u00a038.\u00a0\u00a0\u00a0Audit. <\/a><\/p>\n \u00a0\u00a0\u00a039.\u00a0\u00a0\u00a0Annual report. <\/a><\/p>\n \u00a0\u00a0\u00a040.\u00a0\u00a0\u00a0Compliance with Public Finance and Accountability Act. <\/a><\/p>\n PART VI \u00a0\u00a0\u00a041.\u00a0\u00a0\u00a0Designation of agencies. <\/a><\/p>\n \u00a0\u00a0\u00a042.\u00a0\u00a0\u00a0General duties of designated agencies. <\/a><\/p>\n \u00a0\u00a0\u00a043.\u00a0\u00a0\u00a0Allocation of funds to designated agencies. <\/a><\/p>\n \u00a0\u00a0\u00a044.\u00a0\u00a0\u00a0Provision of information. <\/a><\/p>\n PART VII \u00a0\u00a0\u00a045.\u00a0\u00a0\u00a0Protection from liability of members of the Board and employees of the Fund. <\/a><\/p>\n \u00a0\u00a0\u00a046.\u00a0\u00a0\u00a0Collection of information by the Board. <\/a><\/p>\n \u00a0\u00a0\u00a047.\u00a0\u00a0\u00a0Service of documents. <\/a><\/p>\n \u00a0\u00a0\u00a048.\u00a0\u00a0\u00a0Supremacy of this Act. <\/a><\/p>\n \u00a0\u00a0\u00a049.\u00a0\u00a0\u00a0Regulations. <\/a><\/p>\n \u00a0\u00a0\u00a050.\u00a0\u00a0\u00a0Amendment of Schedules. <\/a><\/p>\n \u00a0<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Schedule 1<\/a><\/i>\u00a0\u00a0\u00a0Currency Point<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Schedule 2<\/a><\/i>\u00a0\u00a0\u00a0Meetings of the Board and Related Matters<\/p>\n \u00a0<\/p>\n UGANDA ROAD FUND ACT.<\/p>\n \u00a0\u00a0\u00a0An 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.<\/b><\/p>\n Commencement:<\/i> 11 November, 2008.<\/p>\n \u00a0<\/p>\n PART I \u00a0<\/p>\n <\/a>1.\u00a0\u00a0\u00a0Commencement.<\/p>\n \u00a0\u00a0\u00a0This Act shall come into force on a date to be appointed by the Minister by statutory instrument.<\/p>\n \u00a0<\/p>\n <\/a>2.\u00a0\u00a0\u00a0Purpose of the Act.<\/p>\n \u00a0\u00a0\u00a0The purpose of this Act is\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0to establish the Uganda Road Fund;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0to facilitate the delivery of road maintenance services;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0to create an environment that is conducive to the efficient and effective maintenance of public roads; and<\/p>\n \u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0to promote potential for the continuous improvement of the services provided by the Fund.<\/p>\n \u00a0<\/p>\n <\/a>3.\u00a0\u00a0\u00a0Principles of the Fund.<\/p>\n \u00a0\u00a0\u00a0The Fund shall, in achieving its purposes under section 2, take into account and give effect to the following principles\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the provision of its services in the most economic, efficient and effective manner;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0the 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<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0ensure 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.<\/p>\n \u00a0<\/p>\n <\/a>4.\u00a0\u00a0\u00a0Interpretation.<\/p>\n \u00a0\u00a0\u00a0In this Act, unless the context otherwise requires\u2014<\/p>\n \u00a0\u00a0\u00a0“Annual Road Maintenance Programme”<\/b> means a programme relating to routine and periodic maintenance of public roads referred to in section 23;<\/p>\n \u00a0\u00a0\u00a0“Authority”<\/b> means the Uganda National Roads Authority established by the Uganda National Roads Authority Act;<\/p>\n \u00a0\u00a0\u00a0“Board”<\/b> means the Fund Management Board established by section 7;<\/p>\n \u00a0\u00a0\u00a0“currency point”<\/b> has the value assigned to it in Schedule 1;<\/p>\n \u00a0\u00a0\u00a0“designated agency”<\/b> means an agency or sub agency designed under section 41;<\/p>\n \u00a0\u00a0\u00a0“Executive Director”<\/b> means the Executive Director of the Board appointed under section 17, or a person authorised to act on his or her behalf;<\/p>\n \u00a0\u00a0\u00a0“Fund”<\/b> means the Uganda Road Fund established by section 5;<\/p>\n \u00a0\u00a0\u00a0“Minister”<\/b> means the Minister responsible for finance;<\/p>\n \u00a0\u00a0\u00a0“public roads”<\/b> includes national, district, urban roads and community access roads;<\/p>\n \u00a0\u00a0\u00a0“road tariff” <\/b>means road user charges within the meaning of section 21(1)(a<\/i>);<\/p>\n \u00a0\u00a0\u00a0“Secretariat”<\/b> means the Secretariat of the Board;<\/p>\n \u00a0\u00a0\u00a0“weight-distance charge”<\/b> means a surcharge imposed on heavy vehicles to account for the large impact of heavy vehicles on the road network.<\/p>\n \u00a0<\/p>\n PART II \u00a0<\/p>\n <\/a>5.\u00a0\u00a0\u00a0Establishment of the Uganda Road Fund.<\/p>\n \u00a0\u00a0\u00a0(1) There is established the Uganda Road Fund.<\/p>\n \u00a0\u00a0\u00a0(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\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0acquire, hold and dispose of movable and immovable property;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0sue and be sued in its corporate name; and<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0do or perform all acts and things as a body corporate may lawfully do or perform.<\/p>\n \u00a0<\/p>\n <\/a>6.\u00a0\u00a0\u00a0Object of the Fund.<\/p>\n \u00a0\u00a0\u00a0The object of the Fund is\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0to finance the routine and periodic maintenance of public roads in Uganda;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0to ensure that public roads are maintained at all times; and<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0to advise the Minister, in consultation with the Minister responsible for roads and the Minister responsible for local governments on\u2014<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(i)\u00a0\u00a0\u00a0the preparation and efficient and effective implementation of the Annual Road Maintenance Programme; and<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(ii)\u00a0\u00a0\u00a0the control of overloading of vehicles on public roads.<\/p>\n \u00a0<\/p>\n PART III \u00a0<\/p>\n <\/a>7.\u00a0\u00a0\u00a0Fund Management Board.<\/p>\n \u00a0\u00a0\u00a0(1) There is established a Fund Management Board.<\/p>\n \u00a0\u00a0\u00a0(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.<\/p>\n \u00a0<\/p>\n <\/a>8.\u00a0\u00a0\u00a0Composition of the Board.<\/p>\n \u00a0\u00a0\u00a0(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.<\/p>\n \u00a0\u00a0\u00a0(2) The members appointed under subsection (1) shall include\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0a representative of the Ministry responsible for finance, not below the rank of Commissioner;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0a representative of the Ministry responsible for roads not below the rank of Commissioner;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0a representative of the Ministry responsible for local governments, not below the rank of Commissioner;<\/p>\n \u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0a representative of freight transporters;<\/p>\n \u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0a representative of passenger transporters;<\/p>\n \u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0a representative of the accountants profession; and<\/p>\n \u00a0\u00a0\u00a0(g<\/i>)\u00a0\u00a0\u00a0a representative of the engineers profession.<\/p>\n \u00a0\u00a0\u00a0(3) The Minister shall appoint the Chairperson of the Board from among the members appointed under subsection (2)(d<\/i>), (e<\/i>), (f<\/i>) and (g<\/i>).<\/p>\n \u00a0\u00a0\u00a0(4) The Executive Director shall be an ex officio<\/i> member of the Board and shall act as the Secretary to the Board.<\/p>\n \u00a0\u00a0\u00a0(5) At least one-third of the members of the Board shall be women.<\/p>\n \u00a0<\/p>\n <\/a>9.\u00a0\u00a0\u00a0Qualifications of members of the Board.<\/p>\n \u00a0\u00a0\u00a0(1) The members of the Board shall be persons of high moral<\/p>\n {mprestriction ids=”1,2,3″}<\/p>\n character and proven integrity who are qualified in, and have had experience of and shown capacity in management, business administration, financial management, road engineering or road transport matters.<\/p>\n \u00a0\u00a0\u00a0(2) The members of the Board shall hold office on terms and conditions specified in their instruments of appointment.<\/p>\n \u00a0<\/p>\n <\/a>10.\u00a0\u00a0\u00a0Disqualification for appointment to the Board.<\/p>\n \u00a0\u00a0\u00a0A person shall not be appointed to the Board who\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0has been convicted of an offence under this Act or of an offence involving dishonesty or fraud by a competent court in Uganda or outside Uganda;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0has been convicted of an offence and sentenced to a term of imprisonment for six months or more by a competent court in Uganda or outside Uganda;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0is an undischarged bankrupt, or has made any assignment or arrangement with his or her creditors; or<\/p>\n \u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0is a member of Parliament, a Minister or a member of a local government council.<\/p>\n \u00a0<\/p>\n <\/a>11.\u00a0\u00a0\u00a0Tenure of office of members of the Board.<\/p>\n \u00a0\u00a0\u00a0(1) A member of the Board shall hold office for three years and is eligible for reappointment for one more term, except that of the first members to be appointed to the Board, three shall be appointed to hold office for two years.<\/p>\n \u00a0\u00a0\u00a0(2) A member of the Board may, at any time, resign his or her office by letter addressed to the Minister, giving notice of not less than one month.<\/p>\n \u00a0\u00a0\u00a0(3) The Minister may, at any time, remove a member of the Board\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0for inability to perform the functions of his or her office arising from infirmity of body or mind;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0for misbehavior or misconduct;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0for incompetence;<\/p>\n \u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0for absence, without prior permission of the Chairperson, or without reasonable cause to the satisfaction of the Minister for more than four consecutive meetings of the Board, or absence from Uganda for more than 12 months;<\/p>\n \u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0for bankruptcy or insolvency;<\/p>\n \u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0for conviction for a criminal offence, in Uganda or outside Uganda, in respect of which the maximum penalty exceeds six months imprisonment without the option of a fine; or<\/p>\n \u00a0\u00a0\u00a0(g<\/i>)\u00a0\u00a0\u00a0if information relating to the conduct of a member, which could have precluded his or her appointment if it had been made available to the Minister, is brought to the attention of the Minister.<\/p>\n \u00a0\u00a0\u00a0(4) A person representing an institution may be withdrawn from the Board by that institution in accordance with the laws that govern the institution.<\/p>\n \u00a0\u00a0\u00a0(5) The Chairperson of the Board shall notify the Minister of a vacancy that occurs in the membership of the Board within one month after occurrence of the vacancy.<\/p>\n \u00a0<\/p>\n <\/a>12.\u00a0\u00a0\u00a0Filling of vacancies on the Board.<\/p>\n \u00a0\u00a0\u00a0(1) Where a member of the Board resigns, dies, is removed from office, ceases to be a member of the institution or body which he or she represents on the Board or is for any other reason unable to act as a member of the Board, the Chairperson shall notify the Minister of the vacancy and the Minister shall, in accordance with section 9, appoint another person to hold office for the unexpired portion of the member’s term of office.<\/p>\n \u00a0\u00a0\u00a0(2) Where the member of the Board referred to in subsection (1) is the Chairperson of the Board, the Secretary to the Board shall notify the Minister of the vacancy and the Minister shall appoint another person to the office of Chairperson for the unexpired portion of the Chairperson’s term of office.<\/p>\n \u00a0<\/p>\n <\/a>13.\u00a0\u00a0\u00a0Remuneration of members of the Board.<\/p>\n \u00a0\u00a0\u00a0The Chairperson and the members of the Board shall be paid such allowances as the Board may, subject to the approval of the Minister, determine.<\/p>\n \u00a0<\/p>\n <\/a>14.\u00a0\u00a0\u00a0Functions of the Board.<\/p>\n \u00a0\u00a0\u00a0(1) The Board is responsible for the general management of the Fund.<\/p>\n \u00a0\u00a0\u00a0(2) Without prejudice to the general effect of subsection (1), the functions of the Board are\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0to administer and manage the Fund;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0to recommend to the Minister, appropriate levels of the road user charges, fines, levies or any other sums to be collected under this Act and paid into the Fund;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0to advise on arrangements for collecting road user charges to minimise avoidance and evasion;<\/p>\n \u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0to provide guidance and establish procedures to be followed in the preparation of the Annual Road Maintenance Programme by the designated agencies;<\/p>\n \u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0to establish procedures for disbursing funds for the Annual Road Maintenance Programme;<\/p>\n \u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0to prepare and submit to the Minister, audited annual accounts of the Fund; and<\/p>\n \u00a0\u00a0\u00a0(g<\/i>)\u00a0\u00a0\u00a0to publish periodic reports on the activities and achievements of the Fund and make the reports available to the general public.<\/p>\n \u00a0\u00a0\u00a0(3) The Board shall be responsible and accountable to the Minister for ensuring efficiency, effectiveness, transparency and propriety in\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the utilisation of public funds under this Act;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0the conduct of its business; and<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0the operations and activities of the Fund.<\/p>\n \u00a0<\/p>\n <\/a>15.\u00a0\u00a0\u00a0Meetings of the Board.<\/p>\n \u00a0\u00a0\u00a0Schedule 2 has effect in relation to meetings of the Board and other matters provided for in that Schedule.<\/p>\n \u00a0<\/p>\n PART IV \u00a0<\/p>\n <\/a>16.\u00a0\u00a0\u00a0Secretariat of the Board.<\/p>\n \u00a0\u00a0\u00a0(1) The Board shall have a Secretariat headed by an Executive Director.<\/p>\n \u00a0\u00a0\u00a0(2) The Secretariat shall be responsible for the day-to-day management of the Fund and for the implementation of the decisions of the Board.<\/p>\n \u00a0<\/p>\n <\/a>17.\u00a0\u00a0\u00a0Executive Director.<\/p>\n \u00a0\u00a0\u00a0(1) The Executive Director shall be appointed by the Minister on the recommendation of the Board and shall perform such functions as the Board may direct or delegate to him or her.<\/p>\n \u00a0\u00a0\u00a0(2) The Executive Director shall be a person of high moral character and proven integrity, with the relevant qualifications and experience relating to the functions of the Board.<\/p>\n \u00a0<\/p>\n <\/a>18.\u00a0\u00a0\u00a0Functions of Executive Director.<\/p>\n \u00a0\u00a0\u00a0(1) Subject to this Act and to the general supervision and control of the Board, the Executive Director is responsible for\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the implementation of the policies and programmes of the Board and reporting on them to the Board and ensuring that the agreed objectives, targets and service standards are met;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0the proper management of the funds and property of the Board;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0the organisation and control of the staff of the Board;<\/p>\n \u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0the development of an operating plan to guide the Board in achieving its objectives;<\/p>\n \u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0co-operation with other lead agencies and organisations in the roads sector;<\/p>\n \u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0the development of an economic, efficient and cost effective internal management structure;<\/p>\n \u00a0\u00a0\u00a0(g<\/i>)\u00a0\u00a0\u00a0providing advice as required on all matters which fall within the area of the Board’s responsibility; and<\/p>\n \u00a0\u00a0\u00a0(h<\/i>)\u00a0\u00a0\u00a0performing any other duty necessary for the implementation of this Act as may be assigned to him or her by the Board.<\/p>\n \u00a0\u00a0\u00a0(2) The Executive Director is, in the performance of his or her functions, answerable to the Board.<\/p>\n \u00a0<\/p>\n <\/a>19.\u00a0\u00a0\u00a0Tenure of office of Executive Director.<\/p>\n \u00a0\u00a0\u00a0(1) The Executive Director shall hold office for five years and is eligible for re-appointment for one more term.<\/p>\n \u00a0\u00a0\u00a0(2) The Executive Director shall cease to hold office if\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0he or she resigns;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0he or she is declared or becomes bankrupt or insolvent or has made an arrangement with his or her creditors;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0he or she is convicted of a criminal offence, in Uganda or elsewhere, in respect of which the maximum penalty exceeds six months imprisonment without the option of a fine.<\/p>\n \u00a0\u00a0\u00a0(3) The Executive Director may be removed from office by the Minister on the recommendation of the Board for\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0inability to perform the functions of his or her office arising from infirmity of body or mind;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0misbehavior or misconduct; or<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0incompetence.<\/p>\n \u00a0<\/p>\n <\/a>20.\u00a0\u00a0\u00a0Other officers and staff of the Secretariat.<\/p>\n \u00a0\u00a0\u00a0(1) The Board may, on the advice of the Executive Director, appoint other officers and staff of the Secretariat as may be necessary for the effective performance of the functions of the Board.<\/p>\n \u00a0\u00a0\u00a0(2) The employees appointed under this section shall hold office on such terms and conditions as the Board may determine and specify in their instruments of appointment.<\/p>\n \u00a0\u00a0\u00a0(3) The terms and conditions of employment of the Secretariat shall be determined by the Board.<\/p>\n \u00a0<\/p>\n PART V \u00a0<\/p>\n <\/a>21.\u00a0\u00a0\u00a0Finances of the Fund.<\/p>\n \u00a0\u00a0\u00a0(1) The monies of the Fund shall consist of\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0road user charges as the Minister may, on the recommendation of the Board determine by statutory order, including\u2014<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(i)\u00a0\u00a0\u00a0fuel levies;<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(ii)\u00a0\u00a0\u00a0international transit fees, collected from foreign vehicles entering the country;<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(iii)\u00a0\u00a0\u00a0road licence fees;<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(iv)\u00a0\u00a0\u00a0axle load fines;<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(v)\u00a0\u00a0\u00a0bridges tolls and road tolls; and<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(vi)\u00a0\u00a0\u00a0weight distance charges;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0fines under the Traffic and Road Safety Act;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0monies appropriated by Parliament for the purposes of the Fund;<\/p>\n \u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0revenue or assets received by the Fund in the performance of its functions under this Act;<\/p>\n \u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0grants, monies or assets donated to the Fund by Government with the approval of the Minister or assets donated to the Fund by any foreign government, international agency or other external body of persons, corporate or unincorporated;<\/p>\n \u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0any revenue derived from the sale of any property, movable or immovable, by or on behalf of the Fund;<\/p>\n \u00a0\u00a0\u00a0(g<\/i>)\u00a0\u00a0\u00a0money received by the Fund by way of voluntary contributions;<\/p>\n \u00a0\u00a0\u00a0(h<\/i>)\u00a0\u00a0\u00a0fines payable under this Act; and<\/p>\n \u00a0\u00a0\u00a0(i<\/i>)\u00a0\u00a0\u00a0earnings from investments made under section 34 and interest accruing from monies of the funds deposited in Banks.<\/p>\n \u00a0\u00a0\u00a0(2) For the purposes of this section an external body of persons referred to in subsection (1)(d<\/i>) means anybody of persons, corporate or unincorporated, formed under or by virtue of the laws of a country other than Uganda.<\/p>\n \u00a0\u00a0\u00a0(3) The road user charges referred to in subsection (1)(a<\/i>) shall be remitted directly to the Fund on a monthly basis.<\/p>\n \u00a0<\/p>\n <\/a>22.\u00a0\u00a0\u00a0Purposes for which the Fund may be applied.<\/p>\n \u00a0\u00a0\u00a0(1) The Fund may be applied for\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0routine and periodic maintenance of public roads;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0road safety activities including erection of sign posts;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0operational expenses of the Authority;<\/p>\n \u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0administrative expenses of the Fund;<\/p>\n \u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0research in road works; and<\/p>\n \u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0such activities relevant to the maintenance of public roads as may be determined by the Board.<\/p>\n \u00a0\u00a0\u00a0(2) Allocations from the Fund to the designated agencies shall be based among other factors, on the conditions of the public roads, maintenance requirements, the length of the road network and the relevant volume of traffic or derived from an approved maintenance management tool.<\/p>\n \u00a0<\/p>\n <\/a>23.\u00a0\u00a0\u00a0Annual Road Maintenance Programme.<\/p>\n \u00a0\u00a0\u00a0(1) Each designated agency shall prepare, annually, and at least three months before the start of each financial year, an Annual Road Maintenance Programme in such form and containing such details as may be prescribed by the Board.<\/p>\n \u00a0\u00a0\u00a0(2) The Annual Road Maintenance Programme shall be reviewed by the Board in order to determine\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the affordability of the Programme; and<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0the appropriateness of the amounts allocated in the programme for each class of roads.<\/p>\n \u00a0<\/p>\n <\/a>24.\u00a0\u00a0\u00a0Annual Road Expenditure Programme.<\/p>\n \u00a0\u00a0\u00a0(1) The Board shall prepare an Annual Road Expenditure Programme to be financed from the Fund in consultation with the Minister and the minister responsible for roads.<\/p>\n \u00a0\u00a0\u00a0(2) The Board may, under section 21, recommend an increase in the level of the road tariff to ensure that it generates sufficient revenue to finance the approved Annual Road Maintenance Programme and shall provide the Minister and the Minister responsible for roads with an estimate of the additional income to the Fund from those increases.<\/p>\n \u00a0<\/p>\n <\/a>25.\u00a0\u00a0\u00a0Road Maintenance Plans.<\/p>\n \u00a0\u00a0\u00a0(1) The Board shall, after consultation with the designated agencies\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0before the commencement of each financial year, prepare a one year Road Maintenance Plan;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0every three years, prepare a three year Road Maintenance Plan; and<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0every five years, prepare a five year Road Maintenance Plan.<\/p>\n \u00a0\u00a0\u00a0(2) There is hereby established for every district a committee to be known as the district roads committee which shall be composed of\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the chairman or mayor of every local authority in the district;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0all members of Parliament from the District;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0the chief administrative officer;<\/p>\n \u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0the district roads engineer in charge of the district;<\/p>\n \u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0the district secretary for works; and<\/p>\n \u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0the municipal works engineer.<\/p>\n \u00a0\u00a0\u00a0(3) The district roads committee shall appoint one of the members under (a<\/i>) or (b<\/i>) to be the Chairperson of the Committee.<\/p>\n \u00a0\u00a0\u00a0(4) The district roads engineer shall be the secretary of the district roads committee.<\/p>\n \u00a0\u00a0\u00a0(5) The district roads committee shall have such powers and perform such functions as are conferred on it by regulations made under section 49 of this Act or any other law.<\/p>\n \u00a0\u00a0\u00a0(6) The plans provided for in subsection (1) shall contain the following\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0particulars of the estimated income of the Fund;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0particulars of the proposed levels of road tariffs;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0the administrative expenses of the Fund;<\/p>\n \u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0the administrative expenses of the Authority; and<\/p>\n \u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0particulars of any factors which may affect the implementation of the plan and the measures which will be taken to ensure execution of the plan.<\/p>\n \u00a0\u00a0\u00a0(7) The Board shall submit a copy of every plan to the Minister.<\/p>\n \u00a0\u00a0\u00a0(8) The Board shall publish each plan in the Gazette<\/i> and in any other manner as the Minister may determine.<\/p>\n \u00a0<\/p>\n <\/a>26.\u00a0\u00a0\u00a0Performance Statement.<\/p>\n \u00a0\u00a0\u00a0(1) The Board shall, at least one month before the commencement of each financial year, submit a draft performance statement to the Minister and the Minister responsible for roads which shall contain the strategies which the Board intends to employ in, and the methods by which the Board intends to assess its performance in relation to the exercise and performance of its powers, duties and functions in order to achieve the objectives of this Act.<\/p>\n \u00a0\u00a0\u00a0(2) The draft performance statement referred to in subsection (1) shall include\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0an explanation of the manner in which effect will be given to\u2014<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(i)\u00a0\u00a0\u00a0the mode in which the funding levels are determined; and<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(ii)\u00a0\u00a0\u00a0the principles used in determining road tariffs, in respect of the ensuing financial year;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0such measures as are necessary to protect the liquidity of the Fund;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0the management and financial systems to be implemented by the Board and the principles to be applied in budgeting for administrative expenses; and<\/p>\n \u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0any other matter relating to the exercise or performance of the powers, duties and functions of the Board as may be required by the Minister.<\/p>\n \u00a0\u00a0\u00a0(3) The Minister shall in consultation with the Minister responsible for roads, upon receipt of a draft performance statement, approve it or return it to the Board with directions in writing to the Board to amend the statement.<\/p>\n \u00a0<\/p>\n <\/a>27.\u00a0\u00a0\u00a0Failure to comply with Road Maintenance Plan or Performance Statement.<\/p>\n \u00a0\u00a0\u00a0The failure of the Board to comply with any provision of a Road Maintenance Plan or a Performance Statement or any amendment to a Road Maintenance Plan or Performance Statement shall not affect the validity or enforceability of any act, agreement, right, obligation or liability performed, entered into, acquired or incurred by the Board.<\/p>\n \u00a0<\/p>\n <\/a>28.\u00a0\u00a0\u00a0Tabling of Plans and Performance Statements before Parliament.<\/p>\n \u00a0\u00a0\u00a0Every Road Maintenance Plan, and every Performance Statement shall be tabled in Parliament by the Minister responsible for roads within 28 days after\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the receipt by that Minister of the plan; or<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0the approval by the Board of the draft Performance Statement,<\/p>\n as the case may be, if Parliament is in session or, if Parliament is not in session, within 28 days after the commencement of its next session.<\/p>\n \u00a0<\/p>\n <\/a>29.\u00a0\u00a0\u00a0Limits on disbursement of monies from the Fund.<\/p>\n \u00a0\u00a0\u00a0(1) Money from the Fund shall only be disbursed for goods and services that form part of the approved Annual Road Expenditure Programme, except in case of emergencies as approved by the Board.<\/p>\n \u00a0\u00a0\u00a0(2) Payments shall not be made out of the Fund, except for payments meant for the administrative expenses of the Fund, unless the goods and services to which the payment relates have been subject to and determined by an open competitive pricing procedure in accordance with the Public Procurement and Disposal of Public Assets Act.<\/p>\n \u00a0<\/p>\n <\/a>30.\u00a0\u00a0\u00a0Withdrawal procedure.<\/p>\n \u00a0\u00a0\u00a0Money shall not be withdrawn from the Fund unless it has been duly authorised by the Board.<\/p>\n \u00a0<\/p>\n <\/a>31.\u00a0\u00a0\u00a0Duty to operate on sound financial principles.<\/p>\n \u00a0\u00a0\u00a0(1) The Board shall, in the performance of its functions under this Act, have due regard to sound financial principles and shall conduct its business in such a manner that, taking one transaction with another, and taking one year with another\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0its revenue is sufficient for meeting all charges, including interest on capital and loans properly chargeable to revenue account;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0sufficient provision is made to provide for depreciation of assets; and<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0where any loss or bad debt arises in respect of any transaction, provision is made in respect of other transactions, whether of a similar nature or otherwise, to offset the amount of that loss or debt.<\/p>\n \u00a0\u00a0\u00a0(2) Where, in exceptional circumstances, the income of the Fund together with any surplus income brought forward from a previous year, is insufficient to meet the actual or estimated liabilities of the Fund, the Minister may make advances to the Fund in order to meet the deficiency or any part of the deficiency and the advances shall be made on such terms and conditions, whether as to repayment or otherwise, as the Minister may determine.<\/p>\n \u00a0\u00a0\u00a0(3) The advance referred to in subsection (2) shall be repaid from the income of the Fund in the next financial year.<\/p>\n \u00a0<\/p>\n <\/a>32.\u00a0\u00a0\u00a0Power to open and operate bank accounts.<\/p>\n \u00a0\u00a0\u00a0(1) The Fund shall open and maintain such bank accounts as are necessary for the performance of the functions of the Board.<\/p>\n \u00a0\u00a0\u00a0(2) The Executive Director shall ensure that all money received by or on behalf of the Fund is banked as soon as practicable after being received.<\/p>\n \u00a0\u00a0\u00a0(3) The Executive Director shall ensure that no money is withdrawn from or paid out of any of the bank accounts of the Fund without the authority of the Board.<\/p>\n \u00a0<\/p>\n <\/a>33.\u00a0\u00a0\u00a0Borrowing powers.<\/p>\n \u00a0\u00a0\u00a0The Board may, with the approval of the Minister, borrow money from any source as may be required for meeting its obligations or for the discharge of the functions of the Board under this Act.<\/p>\n \u00a0<\/p>\n <\/a>34.\u00a0\u00a0\u00a0Investment of surplus funds.<\/p>\n \u00a0\u00a0\u00a0Any monies of the Fund not immediately required for any purpose under this Act may be invested in a manner which the Board may, after consultation with the Minister and the Minister responsible for roads, determine.<\/p>\n \u00a0<\/p>\n <\/a>35.\u00a0\u00a0\u00a0Estimates.<\/p>\n \u00a0\u00a0\u00a0(1) The Executive Director shall, within three months before the end of each financial year, cause to be prepared and submitted to the Board for its approval, estimates of the income and expenditure of the Fund.<\/p>\n \u00a0\u00a0\u00a0(2) The Board shall, within two months after receipt of the estimates referred to in subsection (1), cause to be submitted to the Minister for his or her approval, the estimates of income and expenditure as approved by the Board.<\/p>\n \u00a0<\/p>\n <\/a>36.\u00a0\u00a0\u00a0Financial year of the Fund.<\/p>\n \u00a0\u00a0\u00a0The financial year of the Fund shall be the same as the financial year of the Government.<\/p>\n \u00a0<\/p>\n <\/a>37.\u00a0\u00a0\u00a0Accounts.<\/p>\n \u00a0\u00a0\u00a0(1) The Executive Director shall cause to be kept, proper books of accounts and records of the transactions of the Fund in accordance with accepted accounting principles.<\/p>\n \u00a0\u00a0\u00a0(2) Subject to any direction given by the Board, the Executive Director shall cause to be prepared and submitted to the Minister and shall also publish in the Gazette<\/i> in respect of each financial year, and not later than three months after the end of the financial year, a statement of accounts, which shall include\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0a balance sheet, an income and expenditure account and a source and application of funds statement; and<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0any other information in respect of the financial affairs of the Fund as the Minister may, in writing, require.<\/p>\n \u00a0<\/p>\n <\/a>38.\u00a0\u00a0\u00a0Audit.<\/p>\n \u00a0\u00a0\u00a0(1) The Auditor General or an auditor appointed by the Auditor General on the recommendation of the Board shall, in each financial year, audit the accounts of the Fund.<\/p>\n \u00a0\u00a0\u00a0(2) The Board shall ensure that within four months after the end of each financial year, a statement of accounts described in section 37 is submitted to the Auditor General or an auditor appointed by the Auditor General for auditing.<\/p>\n \u00a0\u00a0\u00a0(3) The Auditor General or an auditor appointed by the Auditor General shall have access to all books of accounts, vouchers and other records of the Fund and is entitled to any information and explanation required in relation to those records.<\/p>\n \u00a0<\/p>\n <\/a>39.\u00a0\u00a0\u00a0Annual report.<\/p>\n \u00a0\u00a0\u00a0(1) The Board shall submit to the Minister, as soon as practicable and in any event not later than six months after the end of each financial year, a report dealing generally with the activities and operations of the Fund during the year to which the report relates.<\/p>\n \u00a0\u00a0\u00a0(2) The report referred to in subsection (1) shall contain\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the audited accounts of the Fund and the Auditor General’s report on the accounts of the Fund; and<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0such other information as the Board may consider necessary.<\/p>\n \u00a0\u00a0\u00a0(3) The Minister shall, within two months after the receipt of the annual report, submit the report to Parliament with such statement as he or she considers necessary.<\/p>\n \u00a0<\/p>\n <\/a>40.\u00a0\u00a0\u00a0Compliance with Public Finance and Accountability Act.<\/p>\n \u00a0\u00a0\u00a0The Fund shall at all times comply with the Public Finance and Accountability Act.<\/p>\n \u00a0<\/p>\n PART VI \u00a0<\/p>\n <\/a>41.\u00a0\u00a0\u00a0Designation of agencies.<\/p>\n \u00a0\u00a0\u00a0(1) The Minister shall, by statutory order, designate local governments and urban councils as agencies for the purposes of this Act.<\/p>\n \u00a0\u00a0\u00a0(2) Notwithstanding subsection (1), the Uganda National Roads Authority is a designated agency for the purposes of this Act.<\/p>\n \u00a0\u00a0\u00a0(3) A designated agency under subsection (1) or (2) may, by notice in writing, designate sub agencies that are acceptable to the Board.<\/p>\n \u00a0\u00a0\u00a0(4) A designation under subsection (3) may be made subject to such conditions as the Board thinks fit and where any such conditions are made, they shall be specified in the notice of designation.<\/p>\n \u00a0\u00a0\u00a0(5) The functions of a designated agency are\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0to maintain the categories of roads specified in the notice of designation; and<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0to perform such additional functions as the Board may, from time to time, assign.<\/p>\n \u00a0<\/p>\n <\/a>42.\u00a0\u00a0\u00a0General duties of designated agencies.<\/p>\n \u00a0\u00a0\u00a0In the execution of its functions under this Act, a designated agency shall ensure\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0the development, rehabilitation and maintenance of public roads in a manner consistent with the economy and set standards;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0that its operations are conducted efficiently, economically and with due regard to safety; and<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0that the financial administration conducted is in accordance with the provisions of this Act, regulations made under this Act and any general or specific directions issued by the Board.<\/p>\n \u00a0<\/p>\n <\/a>43.\u00a0\u00a0\u00a0Allocation of funds to designated agencies.<\/p>\n \u00a0\u00a0\u00a0(1) The Board shall, subject to this Act, allocate funds to designated agencies for the maintenance of the categories of roads in respect of which they are designated.<\/p>\n \u00a0\u00a0\u00a0(2) The Board may, in consultation with the Minister\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0impose penalties, including suspension of funding allocations as it may prescribe by notice in the Gazette<\/i> on a road agency which fails to comply with this Act or regulations made under this Act; or<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0take such supplementary, remedial or alternative measures to ensure the performance of a road agency which persistently fails to discharge its functions under this Act.<\/p>\n \u00a0<\/p>\n <\/a>44.\u00a0\u00a0\u00a0Provision of information.<\/p>\n \u00a0\u00a0\u00a0The Board may request a designated agency to provide it, at any time and in a manner as it may direct, any information which the Board may require for the proper discharge of its functions under this Act.<\/p>\n \u00a0<\/p>\n PART VII \u00a0<\/p>\n <\/a>45.\u00a0\u00a0\u00a0Protection from liability of members of the Board and employees of the Fund.<\/p>\n \u00a0\u00a0\u00a0A member of the Board, an employee of the Fund or a person acting on the directions of the Board is not personally liable for any act or omission done or omitted to be done in good faith in the exercise of their functions under this Act.<\/p>\n \u00a0<\/p>\n <\/a>46.\u00a0\u00a0\u00a0Collection of information by the Board.<\/p>\n \u00a0\u00a0\u00a0The Board shall collect any data and information which may be necessary to enable it to maintain and supervise functions of the designated agencies.<\/p>\n \u00a0<\/p>\n <\/a>47.\u00a0\u00a0\u00a0Service of documents.<\/p>\n \u00a0\u00a0\u00a0Any notice or document may be served on the Fund by delivering it at the office of the Fund, or by sending it by post to the office of the Fund.<\/p>\n \u00a0<\/p>\n <\/a>48.\u00a0\u00a0\u00a0Supremacy of this Act.<\/p>\n \u00a0\u00a0\u00a0Where any provision of any written law relating to public roads, road traffic or road safety is inconsistent with any provision of this Act, the provisions of that law shall be invalid to the extent of the inconsistency.<\/p>\n \u00a0<\/p>\n <\/a>49.\u00a0\u00a0\u00a0Regulations.<\/p>\n \u00a0\u00a0\u00a0(1) The Minister shall, in consultation with the Board and the Minister responsible for roads, by statutory instrument, make regulations for the better carrying into effect the purposes of this Act.<\/p>\n \u00a0\u00a0\u00a0(2) Without prejudice to the general effect of subsection (1), regulations made under this section may provide for\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0financial procedures;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0monitoring and evaluation of the operations of the Fund;<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0investment of surplus funds;<\/p>\n \u00a0\u00a0\u00a0(d<\/i>)\u00a0\u00a0\u00a0collection of revenue;<\/p>\n \u00a0\u00a0\u00a0(e<\/i>)\u00a0\u00a0\u00a0the procedure for determination of levels of road tariffs;<\/p>\n \u00a0\u00a0\u00a0(f<\/i>)\u00a0\u00a0\u00a0procedures for developing road maintenance budgets;<\/p>\n \u00a0\u00a0\u00a0(g<\/i>)\u00a0\u00a0\u00a0procedures for the allocation and transfer of funds to designated agencies and the control of those funds;<\/p>\n \u00a0\u00a0\u00a0(h<\/i>)\u00a0\u00a0\u00a0the structure and functions of the secretariat;<\/p>\n \u00a0\u00a0\u00a0(i<\/i>)\u00a0\u00a0\u00a0details of the Annual Road Maintenance Programme.<\/p>\n \u00a0\u00a0\u00a0(3) Regulations made under this section may, in respect of any contravention of any of the regulations\u2014<\/p>\n \u00a0\u00a0\u00a0(a<\/i>)\u00a0\u00a0\u00a0prescribe a penalty of a fine not exceeding 75 currency points or imprisonment for a term not exceeding one year or both;<\/p>\n \u00a0\u00a0\u00a0(b<\/i>)\u00a0\u00a0\u00a0in the case of a continuing contravention, prescribe an additional penalty not exceeding 50 currency points in respect of each day on which the offence continues; and<\/p>\n \u00a0\u00a0\u00a0(c<\/i>)\u00a0\u00a0\u00a0prescribe a higher penalty not exceeding 150 currency points in respect of a second or subsequent contravention.<\/p>\n \u00a0<\/p>\n <\/a>50.\u00a0\u00a0\u00a0Amendment of Schedules.<\/p>\n \u00a0\u00a0\u00a0(1) The Minister may, by statutory instrument with the approval of Cabinet, amend Schedule 1.<\/p>\n \u00a0\u00a0\u00a0(2) The Minister shall in consultation with the Board, by statutory instrument, amend Schedule 2.<\/p>\n \u00a0<\/p>\n History<\/i>\u00a0<\/p>\n Legislation\u00a0<\/i><\/p>\n NumberAct15\/2008S.I.48\/2008<\/p>\n Cross References<\/p>\n Public Finance and Accountability Act, Act No. 6 of 2003.<\/p>\n Public Procurement and Disposal of Public Assets Act, Act No. 1 of 2003.<\/p>\n Traffic and Road Safety Act, Cap. 361<\/p>\n Uganda National Roads Authority Act, Act No. 15 of 2006.<\/p>\n {\/mprestriction}<\/p>\n \u00a0 UGANDA ROAD FUND ACT. ARRANGEMENT OF SECTIONS \u00a0\u00a0\u00a0Section PART IPRELIMINARY. \u00a0\u00a0\u00a01.\u00a0\u00a0\u00a0Commencement. \u00a0\u00a0\u00a02.\u00a0\u00a0\u00a0Purpose of the Act. \u00a0\u00a0\u00a03.\u00a0\u00a0\u00a0Principles of the Fund. […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"categories":[2655],"tags":[],"class_list":["post-648","post","type-post","status-publish","format-standard","hentry","category-principal-legislation"],"yoast_head":"\n
ESTABLISHMENT OF THE UGANDA ROAD FUND.<\/p>\n
MANAGEMENT OF THE FUND.<\/p>\n
SECRETARIAT OF THE BOARD.<\/p>\n
FINANCES OF THE FUND.<\/p>\n
DESIGNATED AGENCIES.<\/p>\n
MISCELLANEOUS.<\/p>\n
PRELIMINARY.<\/p>\n
ESTABLISHMENT OF THE UGANDA ROAD FUND.<\/p>\n
MANAGEMENT OF THE FUND.<\/p>\n
SECRETARIAT OF THE BOARD.<\/p>\n
FINANCES OF THE FUND.<\/p>\n
DESIGNATED AGENCIES.<\/p>\n
MISCELLANEOUS.<\/p>\n\n\n
\n \u00a0<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n
\n","protected":false},"excerpt":{"rendered":"