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ACTS SUPPLEMENT No. 7 3rd September, 2010. ACTS SUPPLEMENT to The Uganda Gazette No. 53 Volume CIII dated 3rd September, 2010. Printed by UPPC, Entebbe, by Order of the Government. Act 16 Local Governments (Amendment) Act 2010 THE LOCAL GOVERNMENTS (AMENDMENT) ACT, 2010 |
ARRANGEMENT OF SECTIONS |
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1. |
Amendment of section 7 of the Local Governments Act Cap. 243 |
2. |
Amendment of section 10 of principal Act |
3. |
Amendment of section 11 of the principal Act |
4. |
Amendment of section 18 of the principal Act |
5. |
Amendment of section 23 of principal Act |
6. |
Amendment of subsection 35 of principal Act |
7. |
Amendment of section 47 of principal Act |
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Insertion of new section 51A |
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Amendment of section 54 of principal Act |
10. |
Amendment of section 55 of principal Act |
11. |
Amendment of Section 62 of the principal Act |
12. |
Amendment of section 64 of the principal Act |
13. |
Replacement of section 68 of the principal Act |
14. |
Replacement of section 70 of the principal Act |
15. |
Amendment of section 82 of the principal Act |
16. |
Amendment of section 83 of the principal Act |
17. |
Insertion of new section 85A |
18. |
Amendment of section 86 of the principal Act |
19. |
Replacement of section 94A of the principal Act |
20. |
Replacement of section 102(2) of the principal Act |
21. |
Amendment of section 171 of the principal Act |
22. |
Amendment of First Schedule of the principal Act |
23. |
Amendment of Third Schedule of the principal Act. |
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Act 16 Local Governments (Amendment) Act 2010 |
THE LOCAL GOVERNMENTS (AMENDMENT) ACT, 2010 An Act to amend the Local Governments Act, to take account of a judgment of the Constitutional Court; to provide for payment of honoraria to chairpersons of village, parish and ward councils; relating to implementation of the Local Governments Act and to amend the Act to bring it into conformity with the Constitution and for other related matters. Date of Assent: 5th August, 2010. Date of Commencement: 3rd September, 2010. Be it enacted by Parliament as follows:
The Local Governments Act, in this Act referred to as the principal Act is amended in section 7—
“(2a) The Minister may, with the approval of Parliament declare an urban area a city in accordance with paragraph 32 of the Third Schedule to this Act.” |
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Act 16 Local Governments (Amendment) Act 2010 “(6) A sub-county or city division council may, within its area of jurisdiction with the approval of the district or city council and at the request of or in consultation with the relevant parishes or wards and with the approval of the Minister, alter the boundaries of or create a new parish or ward.
The principal Act is amended in section 10—
“(g) the chairperson of district women council and chairperson of subcounty women council who shall be ex-officio members of the councils.”
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Act 16 Local Governments (Amendment) Act 2010 “(2) A member of Parliament may attend meetings of a local council in his or her own district and constituency as an ex-officio member of the council.”
Section 11 of the principal Act is amended—
“(6c) A notice made under sub-section (6A) shall be submitted to the Minister or his or her representative by the Clerk to Council and the Minister, or his or her representative shall evaluate the notice for removal of the Speaker, and if satisfied that there are sufficient grounds for doing so, shall, within thirty days after receipt of the notice, convene or cause the convening of a meeting for the removal and election of a speaker” and
“(13) A deputy speaker of a district council shall be paid emoluments and allowances in accordance with the First Schedule to this Act.”
Section 18 of the principal Act is amended—
“(3 a) where a person nominated to the executive committee is rejected by the council three times without reasonable grounds, the nomination of that person shall stand.”
“(7) Not withstanding the provisions of this section, the district executive committee shall be constituted expeditiously and in any case not later three months after the first sitting of the council.” 4 |
Act 16 Local Governments (Amendment) Act 2010
Section 23 of the principal Act is amended—
“(7) For the avoidance of doubt, any person representing the youth or persons with disability or older persons—
Section 35 of the principal Act is amended by inserting immediately after subsection (3) the following— “(4) The planning period for local governments shall be the same as that of the central Government”.
Section 47 (2) of the principal Act is amended by inserting immediately after paragraph (j) the following— “(k) the chairperson of the council of older persons of the parish or village level who shall be the secretary of the council of older persons.”
The principal Act is amended by inserting immediately after section 51 the following— |
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Act 16 Local Governments (Amendment) Act 2010 “Payment of honoraria to chairpersons of village, parish and ward councils 51A A chairperson of a village, parish or ward council shall be paid honoraria in accordance with the First Schedule to this Act.”
Section 54 of the principal Act is amended—
“(2B) A member of a district service commission representing an urban authority shall be appointed by the district council on the recommendation of the urban council; (2C) In the case of a district with more than one urban authority, executive committee members in that district shall recommend a member to be appointed to the district service commission by the district council; (2D) A member of the district service commission representing persons with disabilities shall be appointed by the district council. (2E) A district council shall appoint a district service commission within three months after the term of the district service commission expires and the Ministry responsible for local governments shall enforce compliance with this subsection.”
“(d) failure to attend five consecutive meetings of the district service commission without reasonable cause” 6 |
Act 16 Local Governments (Amendment) Act 2010
Section 55 of the principal Act is amended—
“(3a) When considering recruitment of accounting, internal audit and procurement staff, the district service commission shall use guidelines issued by the Public Service commission”.
“(7) three members of the district service commission or its specialized committees shall form a quorum at any of its meetings”.
Section 62 of the principal Act is amended—
“(1) The chief administrative officer shall assign a senior public officer at the rank of or above senior assistant secretary in the employment of the local government to perform the duties of clerk to the district council.”
Section 64 of the principal Act is amended by inserting immediately after subsection (3) the following— 7 |
Act 16 Local Governments (Amendment) Act 2010 “(3a) The chief administrative officer shall initiate disciplinary action and all submissions in respect of town clerks of town councils and town boards.”
For section 68 of the principal Act, there is substituted the following— “68. Removal of chief administrative officer and town clerks from office
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Act 16 Local Governments (Amendment) Act 2010
For section 70 of the principal Act, there is substituted the following— “70. Resident district commissioner
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Act 16 Local Governments (Amendment) Act 2010
Section 82(4) of the principal Act is amended by substituting for “fifteenth day of June” the words “thirtieth day of June”.
Section 83 of the principal Act is amended in subsection (6) by inserting after “city” the words “city division”;
The principal Act is amended by inserting immediately after section 85 the following— “85A Salaries and gratuities to be paid out of Consolidated Fund Salaries and gratuities of political leaders of local governments shall be paid out of the consolidated fund.”
Section 86 of the principal Act is amended by substituting for “four months” the words “three months”.
For section 94A of the principal Act, there is substituted the following— “94A Municipal or city division contracts committees
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Act 16 Local Governments (Amendment) Act 2010
For section 102(2) of the principal Act there is substituted the following— “(2) A person appointed a returning officer shall be a person of high moral character and proven integrity and shall not be a local government officer”. 11 |
Act 16 Local Governments (Amendment) Act 2010
Section 171 of the principal Act is amended by substituting for section 171 the following— “By-elections 171(1) Where the office of a chairperson becomes vacant, the chief administrative officer shall within twenty-one days notify the Electoral Commission; and the commission shall organise a byelection six months from the occurrence of the vacancy.
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Act 16 Local Governments (Amendment) Act 2010
The First Schedule to the principal Act is amended—
“2AA. Honoraria of chairpersons of village, parish and ward councils. Honoraria of chairpersons of village, parish and ward councils shall be paid from the consolidated fund.”
The Third Schedule to the principal Act is amended by inserting immediately after regulation (3)(b) the following— “(ba) if that person leaves the political party for which he or she stood as a candidate for election to the council to join another party or to remain in the council as an independent member.” |
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