Reconstruction and Development Corporation Act, 1981 (No. 5 of 1981)

Act S Reconstruc.tion, and Development Corporation Act THE RECONSTRUCTION AND DEVELOPMENT CORPORATION ACT, 1981. ARRANGEMENT OF SECTIONS. Section. 1. Establishment of Corporation. 2. Functions of Corporation. 3. Powers of Corporation. 4. The Board. S. Meetings of the Bo~d . .6. Committees.of the .BoarC, 7. Joint· Committees. 8. Rem,meration of Board mernbers,·ttc. 9. Directions by the Minister. 10. Managing Director. 11. Secretary of Corporation. 12. Staff. 13. Funds of the Corporation. 14. Borrowing powers. 15. Guarantee by Government. 16. Estimates. 17. Supplementary estimates. 18. Accounts to be kept. 19. Audit. 20. Annual report and accounts. 21. Declaration of reconstruction areas. 22. Reconstruction Area Advisory Committee. z:t Functions of the Committee. 24·. Sub-committee of the Committee. 25. Expenses of the Committee. 26. Exercise of powers within reconstrnction areas. 27. Reconstruction area plans. 28. Decla.ra:ticm of planning are:m m tcco1wtruction areM. 1981 Act S Reconstruction and Development Corporation Act 29, Outline ochemes in reconstruction r,reas. 30. Detailed schemes in recom;truction areas. 31. Contents of schemes. 32. Planning committees. 198) 33. Power of pkmnh,g committe.;;s ,vh'.i:in reconstrnctior-1 are;is. 34. Development by the Corporation. 35. Acquisition of land. 36. Improvement, up-grading and rdocatk,n, 37. Building, etc., controt 38. Construction and repair of waterworks and sewerage works. 39. Public land in a reconstruction area. 40. Co-operation with reconstruction and development corporation. 41. Control and closure of roads, open spaces, etc. 4?.. Development by a local authority. 43. Directions by the Minister. H. Legal procedures. 45. Bye-laws of Corporation. 46. Regulations. 47. Interpretation. Act 5 Reconstruction and Dez;elopment Corporation Act l98i THE RECONSTRUCTION AND DEVELOPJ\'IENT CORPORATION ACT, J9Bl. AN AcT to make: provision for the physical reconstr1.iction and development of extensively war-damaged areas of Uganda and of other· areas in special need of assistance-· with• their development, to provide for the establishment of a reconstn1c tion and development. corporation, .and for its functions and management and for other ma~ers connected thcrevdth or incidental thereto. DATE OF ASSENT: 19th October, 1981. Date of Commencement: 23rd October, 1981. BE rr ENACTim by the President :md the Natimrn1 Assembly, in this present Parliament assembled, as folhws: -·-· PART I-ESTABLISHMENT AND FUNCTIONS OF CORPORATION, 1. (I) There is hereby establisl1cd a corpcration to be known as- the -Reconstruction and Development Corpcration (hereinafter referred to as the 'Corporation'). (2) .. The Corporation sha11 be a body corporate ,vith perpetual succession and a common seal, :-md may sue or be sued in its corporate name, and m:iy, in connection ·with the purposes of this Act, purchase, hold, m:ma::;c rmd d1spo:;c of any property, and enter into such contractB as nwy nc'.cc,::;iry or expedient. E.r.bb!i~h~ nwnt of Corpor .. tion. Functions of Corporation. Act 5 Reconstruction and Development Corporation Act 1981 (3) The seal of the Corporation shall be authenticated by the signatures of the Chairman and the Managing Director. (4) In the absence of the Chainnan, tvw other members of the Board designated in that behalf by the Board shall sign in place of tbc Chailman and the person ptrforming the functions of the Managing Director may sign in the absence of the Managing Director. (5) Every document purporting to he an instrument issued by the Corporation and to be sealed with the seal of the Corporation authenticated in the manner prnvided by thi;,, section shalI be received and be deemed to be such an instru · ment without further proof unless the contrary is shown. 2. (1) The function of the Corporation shall be to co• operate with existing local authorities in r l ~: n ni n g, for, co-ordinating, stimulating and prosecuting the reconstruction and development of the physical and material resources and facilities within the area of its jurisdiction, , · (2) Without prejudice to the generality of suhsed:fr<n (1), it shall be the duty of the Corporation, ,vithin the area of its jurisdiction, ·· ·· , · , · ' . . (a) to plan and keep under continuous revi~w an'}' plan made for the whole or any part of the area of its jurisdiction; (b) to guide the development and use of land; (c) to stimulate and encourage the development and use of land by, (i) the provision by way of loan and grant nf money, materials, equipr:1cnt and tools for building or other activities on Iax:,,d; (ii) the provision on payment of a reasonable fee of plans and c.lesigns for housing s c h e m e s and in· particular Iow-co~t housing;· (ti) to upgrade and improve any' built-up area or patt thereof; · · ··. - - ·· • · .· (e) to provide and arrange for the provision of temporary reception areas, resettlement areas and urban villages to cater for persons displaced by any improvement, carried out under para graph (d) or through other methods of popula tion displacement and resettlement needs or Act 5 Reconstruction and De'lJelopmcnt Corporation Act 1981 relod1ted as a result of the implementation of any plan made under paragraph (a); (/) to assist the existing bcal authorities in their administration of the laws controlling and regulating the construction and use of any buildings or other strnctures; (g) to assist the exii,ting local authorities to provide advisory services especially in the field of the machinery for public participation to the in habitants of their areas for all or any of the following matters, (i) the construction of low..:cost ho'using and other buildings; (ii) the compliance .. with the laws regulating applications · fr,r perrri:ssion to develop and the construction -of.any building and its drainage system; (iii) the submission of 'claims· for coril'pensation in respect of the compi1lsory acquisition of any land or building; · (iv). such other matters as mav he agreed upon by the Corporation and the local :rntho-• rities; (h) to construct, repair :incl renovate and arrange for the constmction, repait- :md reno,,ation nf public buildings and facilities; (i) to do such other things as are necessary or incidental to the effective perfomrnnce of the foregoing functions of the Corporaticn. . 3. The Corporation sha Il have powers, for th,e effective Powers of d• h f • f · • 1 f • • • Corporation. tsc arge o its. unctrnns m t 1e area o its jur1scllct10n, (a) to enter into-contracts. for the cormtructicm, reprrir · and renovati<•n 0f huiJdincrs qnd ouhlic works·, <J " (b) to enter .in.to ~greernent with any person to form a company or a partncrsbip \vith the objei;t. of constructing buildings for s~:Jc o:· rent; fc) to engage ~gents :md cMnnlt:mts to asfist :and d .. •' . . f . a vise lt m carrymg nut 1tr · 11.nr:l.10nri; Act 5 Reconstruction and Develof2 ment Oo-rporation Act 198i (d) to delegate, subject to the appro,,al of the Ministe1, any of its functions to a local authority in th,~ area of its jurisdiction; (e), subject tt► the foregoing pr(lvisions of this section. · to do such other things as an: conduci:ve or necessary for the pcrfonnance of its function,;; under this Act. The Board. 4. (1) The governing body of the Corporation shall be t~ Board, consisting of the following, (a) Chairman; (b) the Permanent Secretary of the Ministry respon sible for housing and urban development; (c) a Managing Director as an ex-officio member; ( tl) not less than six nor more than eight o t h e :r members, all of whom shalI be appointed by the Minister. (2) Of the members appointed under paragraph (a) of subsection ( l) not more than four shall be persons residing in or workin~ in or representative of the area of jurisdiction of the Corporation. (3) The Chajrman and members of the Board appointed under paragraph (d) of subsection (1) shall be appointed for a period of two years upon such terms and conditions as may be specified in their instruments of appoint ment. (4) Any member of the Board may resign his office by writing under his hand to the Minister and the Minister may remove any member from office for inability to perform the functions of his office or for any other sufficient reason. (5), If the office of a member becomes vacant otherwise than by effluxion of time, the l\1inister may appoint another person to hold office in his place and the person so appointed shall hold office until the expiration of the tt:rm of office of the member in whose place he was appointed. Act 5 Reconstruction and Development CO'rporation Act 1981 (6) Any member of any Board ceasing to hold office shall be eligible for reappointment. 5. (1) The Board shall meet for the discharge of its Meetinp functions under this Act at least once every three months or Jioi,:;d, upon the request in writing to the Chairman by at least three members thereof at such time and place as the Chairman may appoint. (2) The Chainnan shall preside at all meetings of the Board and in his absence such member of the Board as the members present shall appoint, shall preside. (3) The Board may, as it deems fit, invite any number of persons to act as consultants or advisers at any of its meetings. (4) Questions proposed at a meeting of the Board shall be determined by a simple majority of the members of the Board present an<l voting and in the case of an equality of votes, the person presiding at the meeting shall have a second or casting vote. (5) Seven members shall form a quorum at every meeting of the Board. (6) Any member who has a personal interest in any transaction of the Board or any matter before the Board shall disclose the nature of his interest to the Board and shall he disqualified from taking part in the deliberations of the Board with respect to that transaction or matter and the failure to make the disclosure required by this subsection may constitute a sufficient reason for the removal of that member from the Board. (7) Subject to the foregoing provisions of this section, the Board may regulate its own proc-edure. · 6. ~1) There may be such number of committees of the Committe• Board as the Board shall determine. 'if!':!. (2) A committee shall consist of such members of the Board, and such other persons not forming a majority of members of the committee, as the Board may appoint. Joint Commitkes. Remunera tion of Board members. etc. Dfrectfona by the Minister. Act 5 Reconstruction and Development Cc,;-poratiorr. Act · 1981 (3) T1w · non rd may, as it deems .fit, invite any number of pers~ms to act ns c,msnhants and advisers to any committee. (4) A committee shall have sm::11 functions as may be conferred upon it by the Board. · (.'i) A committt'e shall elect one of its members who shall be a member of the Board as chaim1an of the committee. 7. (1) The Board may join in the establishment of any number of joint committees vvith local authorities in the area of its jurisdiction. (2) A joint committee shall have an equal number of members from the Board and from the local authority or all local authorities participating in its establishment, · (3) The Board and the participatfr1g bodies mentioned in subsection (1) or which may be necessary from time to time, may invite any number of persons to act as consultants or advis~rs to any joirit committee. ( 4) A joint committee shall have such . functions as the Board m~y,confer upon it. 8. The Chairman and other members of the Board and any other person attending any meeting of the Board, a committee thereof or a joint committee may be paid such remuneration or allowances as the J\1inister may determine . .9. (1) The Minister may give to the Board such d.i:rec~ tions as to the exercise and performance by the Board of its functions under this Act as appear to the Minister to be requisite in th.c public interest. and the Board shall give effect t') any such djrections. (2) The Miri.foter · may give· to the · Board special directions as to the exercise of its fonctiom under this Act v.:her~.' (a) he is concerned to ensure that the> Board makes the moi:,t dfocfr:e use- of any external funds) :rc~ources or materials that may be made avail 2ble to it; 01' · (b) he is dissatisfied with the progress of the Corpor ation in bringing about the. rcc,mstruction and . , dcvdoprncnt of tl1e \V::trsedamagcd areas, and the Bo::ird shall gh'e effect to any such special directions. Act 5 Reconstruction mtd Development Corporation Act 1981 (3) Any special direction given hy the Minister under the provisions of this section may require t:ht: Co~pora tion to report on its pr?gre~s on the ma!t~r wluch 1s the subject of the special direct10n to the Mm1ster. ( 4 ), Any special direction given by . the Minister under subsection (2) shall be laid before the Nat10nal Asse~bly within twenty-one days of its being given to the Corporat1011. PART II.-STAFI?, 10. (1) Tl1e Minister shall appoint a Managing Director ~anaging of the Corporation for such period and upon such -terms and Dll'cctor. conditions as the Minister may determine. (2) The Managing Director shall devote his full time to the affairs of the Corporation. (3) The Managing Director shall be the Chief Executive Officer of the Corporation and shall be responsible to the Board for, (a) the implementation of the policies and programmes decided upon by the Board; (b) keeping the Board informed of the work of the Corporation; (c) ensuring that the Corporation maintains close co-operation with the local authorities within the area of its jurisdiction; (d) the management of the funds, property and busi ness of the Corporation; (e) the administration and organisation of the Corpor ation; (/) the staff of the Corporation. . (4) The C~ainna~ may, from tim~ to time, hi writing, dtrect the Managmg Director to submit a report on any matter affecting the affairs of the Corporation to the Board and the Managing Director shall comply with such directions. 11. (1) The Corporation shall have a Sccretury who shall Secretary bcr appointed by the Minister on such terms and conditions 'c'f · • ·· . I I\1 . · d · .~o.rporatwn. as t 1e · 1mster may ctcrmme. · Func!laof the Corp«l'!tion. Act S Reconstruction and Development Corporation Act 1981 . (2) In ~~dition to any other functions conferred upon lum by the l\fouster, the Secretary shall have the custody of the seal of d1e Corporation and be responsible for, (a) the taking of minutes of the meetings of the Board and any of its committees and sub-committees; ( b) the keeping of the records of all transactions of the Corporation; (c) the provision of legal advice on all its activities to the Corporation. (3) The Secretary shaJJ also be the Secretary to the Committee. 12. (1) The Board may, (a) from time to time, appoint or employ at such salaries and upon such terms and conditions as it may think fit, such officers and employees as it may deem necessary for the proper and efficient conduct of its business and operations and may at any time terminate any such appoint ment or employment; (b) with the approval of the Minister and on such terms and conditions as it thinks fit fix remunera tion, grant pensions, gratuities or other benefits on retirement or termination of service of the officers and employees of the Corporation and require them to contribute to any pension, provident fund or superannuation scheme. (2) Public officers may be seconded to the Corporation. (3) Nothing done by an officer or employee of the Corporation or public officer seconded to the Corporat!on shall, if it was done bona fide for the I?urpo~es of carry m g the provisions of this Act into effect, suhJect him to any c1V1l liability. PART III.----FINANCJAL PROVISION5. 13. The funds of the Corporation shall consist of, (a) any annual grant which c,hall be granted by the Government; Act 5 Reconstruction and De·velopnwnt Corpomtion Act 1981 (b) any grant from any international organisation paid with the approval of the Government; (c) any grant from any other source paid with the the approval of the Government; (d) any loan from the Government or any other person; (e) any moneys that may become payable to the Corporation in the performance of its functions under this Act. 14. (1), The Corporation may, subject to the approval of Borrowin1 the Minister, in consultation with the Minister responsible powers. for finance borrow sums required by it for meeting any of its obligations or discharging any of its functions under this Act. (2) An approval given under the provisions of sub aection (I) may be either general or limited to a particular borrowing or otherwise and may be either unconditional or subject to conditions. (3) A person lending money to the Corporation shall not be bound to enquire whether the borrowing of money is within the powers of the Corporation. 15. (1) The Government may guarantee by the under taking of the Minister responsible for finance in such manner and on such conditions as he thinks fit the payment of the principal and interest on any authorised borrowings of the Corporation. (2) Any sums required by the Government for ful filling any guarantee under this Act of borrowings of the Corporation are hereby charged upon the Consolidated Fund. Guarantee by Govecnment 16. (1) The Corporation shall, within such period before Estimates. the end of each financial year as the Minister shall determine, make and submit to the l\1inister for his approval estimates of its income and its capital, recurrent and other expenditures likely to be incurred by the Corporation for the next ensuing year. (2) No expenditure shall be made out of the funds of the Corporation unless the expenditure has been approved by the Minister under the estimates for the year in which such expenditure is to be made. Supplem,m tary Estimates. Accounts tobe kept. Audit. Annual report and A.ccnu,,t~ .. Act S Reconstruction and Development Cvrf>oration Act 198J. (3), In exceptional circumstances the Minister, ir. consultation with the Minister responsible for finance, may authorise the Corporation to incur expenditure of money appropriated for one purpose in the approved estimates Oil" supplerncntary estimates on any other purpose therehn contained. 17. (1) The Corporation may, from time t& time, make and submit to the Minister for his approval supplementary estimates to provide for unforeseen or urgently required expen diture on matters not provided for in the estimates or neces sary additional expenditure on matters provided for in the estimates. (2) The provisions of subsection (2) of section 16 shall apply to• any supplementary estimates submitted under this section as they apply to estimates submitted under sec tion 16. 18. (l) Th@ Corporation shall keep proper books of account and proper records in relation thereto. (2) For the purposes of this section proper books of account shall be deemed not to have been kept with respect to the business of the Corporation if there are not kept such books as are necessa1y to give a true and fair view of the affairs of the Corporation and to explain its transactions . . (3 ), Within two months after the end of each financial year the Board shall cause to be dravm up a report of its opera tions and a statement of the assets and liabilities of the Corporation on the last day thereof . . 19. (1) The annual statement of accounts of the Corpora tio'n shall be audited by the Auditor-General or an auditor appointed by him who shall be entitled at any time to have access to all books of accounts, vouchers and other financial records of the Corporation and to require such information and explanation thereon as he thinks fit. (2). The Auditor-General shall submit to the Ministe1 a copy of the audited accounts of the Corporation not later than four months after the end of each financial year to which they relate. 20. (1), The Corporation shall not later than six months after the end of each financial year make and submit to t11e Minister a report showing the performance of tl1e Corporation Act 5 Reconstruction and Development Oorpomtion de! 1981 d~rin~· that fin:rnci::d year includin;.; the extent to ,vhich any d1rect10n given by the Minister d11ring that financial year has been carried out. · (2) The Minister shall, as soon as possible after receiving t!1e report referred to in subsection ( J) and a copy of the audited accounts of the Corporation from the Auditor General, cause the annual statement of accounts and the annual report of the Corporation to be laid before the National ~ssembly and may caw,e the annual report tu be published m such manner as he may cfo·ect. PART IV. ' RECONSTRtJCTION AREAS. 21. (1) The President may, by statutory order, declare any Dt•cluration part of Uganda to be a reconstruction area. of Recon struction (2) In determining whether to declare a reconstruction area the President shall have regard to the following factors, (a) whether the area is or has been extensively war damaged; ( b) whether the area is or has been hit by a natural disaster; (c) whether the area is or has been hit by a man~made disaster; ( d) whether the area is so undeveloped compared to the rest of Uganda, that it is in special need of assistance with its development; (e) whether there has been a sudden influx of popula tion into the area caused by the movement of refugees from another country ur another area within Uganda to which paragraphs (a) (b) or (c) apply. (3) Every reconstruction order shall specify and define clearly the area to which it relates. ( 4) A copy of every order made under this section shall be published in the Ga:wttr: and be po~ted at such places within the reconstruction area as may be chrccted. (5) Any order made und('r thi8 section shall conic 1ntn npi,;ratioll upori the date of 1ts puh1ication in the Gazttle and shall rernain in fon:c for sixty day:;, areas. Recon• struc-tirn1 Arca A:rlviso~y Comm 1 t tee. Fu!lctions of the C'.onunittt~e. Sub c,nnn}ittc•t' of the Committee. Ad 5 Reconstrw:tion mu/ l>e'Z•clvpment C(,rj>oratiou Act 1981 ((>) ff before the end of tlic period of sixty days referred 1, 1 in subsection (5) the Nat iord :\f;sc;-rili]y approves a resolu 1 ion confirrninr~ the order, then the order sh,dl remain in force for two yc:irs frn111 the date of that resolution. (7) Within sixty days before or after the end of any period of two years the: National Assembly may approve a resolution extending the period for which the order is to rem am 111 force for a further peirod of two years. 22. ( 1) 'J'herc is hereby established for every reconstruc tion area a Reconstruction An'.a Advisory Committee (herein /: · f l "c·' · . · ") a I.er re errec to as .onnrnttee . (2) 'l'he Cornrnittee shall consist of, (a) a Chairman who shall be appointed by the Minister; (b) the members of the National Assembly represent ing the reconstruction area; (c) such other persons as the Ministe~· shall appoint being not more than ten in total. 23. The functions of the Committee shall be, (a) to consider and give its views on any reconstruction area plan that is submitted to it; ( b) to meet with members of the Corporation having jurisdiction in the area not less than once every three months to review the progress of the Corporation; (c) to report to and raise matters at the meetings referred to in paragraph (b) on behalf of the local authorities in the reconstruction area; (d) to perform such other duties as the Minister responsible 8hall require of it. 24. (1) The Comrnittec may establish snh-committees. (2) A ~urH:ornmit1cc shall consist of such rnemhers ,,f ! lie CornmiHec as the Committee s}i: II appoint. Reconstruction and Dei;elopment Oorporat£on Act 1981 (3) A sub-committee shall have such functions as may he conferred upon it by the Committee. (4) A sub-committee shall elect one of its members as chairman of the snb-cornrnittee. 25. The expenses of the Committee ~hall be shared between the Corporation and the local authorities in the reconstruction area in such proportion as shall be detennined by the Minister in consultation with the Minister responsible for Local Government. 26. The powers and duties set out in this Part of the Act shall be exerciseabl@ only within a reconstruction area. 27. (1) The Corporation shall prepare a plan to be known as a reconstruction area plan for the whole of the reconstruction area within which it h::i.s jurisdiction. (2) The purpose of a reconstruction arr:a plan shall be to provide an integrated framework of economic and land use policies within which outline and detailed schemes under the Town and Country Planning Act may be made for parts of the reconstruction area declared to be planning areas and by means of which proposals for specific development within the reconstruction area may be related to each other and assessed as to. the benefit they are likely to confer on the area as a whole. (3) In preparing a reconstruction area plan the Corporation shall, (a) consider any matters in relation thereto whi9h it is directed by the: Minister so to consider; (b) m;,intain a close liason with the Department of 'fown and Regional Planning; (c) consult with the local authorities in the reconstruc tion area; (d) submit: a draft of the plan to the Reconstruction Area Advisory Committee and take account of the views of the Committee in preparing rhe dra.ft of the plan \vhich is to gu on deposit. Expenses of the Committee. Exercise of powers within recon struction areas. Recon struction area plans. Cap. 30. Declaration of planning areaain recon struction area& Cap. 30. Act 5 Reconstruction and Development C:nrporation Act 1981 ( 4) \Vliere a recon~tmction area plan has been prepared, it shall he published, considered, approYcd and dealt with as if it were an outline scheme proposed under the Town and Country Planning Act and the provisions of sec~ tions 12, 13 and 14 of that Act shall apply accordingly save that, (a) such sections shall have effect as if for the word "Board" occumng therein, there were substi tuted the word "Corporation", for the word "plan" and for the words "outline scheme" there were substituted the words "reconstruc tion area plan"; (b) subsection (1) of section 14 of the Act shall have effect as if after the word "Minister" there were added the words "responsible after seeking the opinion of the Board"; and (c) subsection (3) of section 14 of the Act shall have effect as if for the words "no authority shall p388 or approve any plans for building or development that contravene the provisions of the scheme" there were substituted the words "shall be taken into account in the preparation of outline and detailed schemes and in the consideration of proposals for development". 21. (1), In exercising its powers under section 6 of the Town and Country Planning Act, the Board shall take account of and pass on to the Minister any representations made by the Corporation as to the declaration of a planning area and the Minister may, notwithstanding that the Board has not recommended that an area be declared a planning area, declare any area within a reconstruction area to be a planning area if the Corporation has made representation to that effect to the Board. (2) The powers of the Board under subsection (1) of section 8 of the Town and Country Planning Act shall be exercised, in relation to a reconstruction area, in agreement with the Corporation. (3) The power of the Board under section 9 of the Town and Country Planning Act to delegate its powers and duties under the Act may be exercised in respect of the Corpor tion but in such case the Minister shall approve any conditions, e,c::eptions and quaJifications the Board may seek to impose on such delegation. Reconstruction and Development Carporation Act 1981 29. Where an outline scheme is to be prepared for a Outline planning area within reconstruction area, the provisions of ~ sections 11, 12, 13 and 14 of the Town and Country P]anning atnrtdon . area. Act shall apply accordingly save that, Cap. 3ft. (a) such sections shall have effect as if after the word "Board" occurring therein there were added the words "and the Corporation acting jointly"; (b) paragraph (c) of subsection (3) of section 13 shall have effect as if for the word "it" in line two there were substituted the words "either of them". 38. (1) The Minister may, on the representation of the Detailed C • th • • f th 1 • f schemel!lttl orporation at 1t 1s necessary or e proper p anmng o an recoo area so to do and after seeking the advice of the Board, permit strucrion the Corporation to prepare · in consultation with the local areas. authority or local authorities for the area concerned a detailed scheme for a part of a planning area notwithstanding that an outline scheme has not yet been prepared for that area. (2) The Corporation may prepare in consultation with the local authority or local authorities for the area concerned detailed schemes for any part of a planning area for which an outline scheme has been approved. (3) Where the Corporation has prepared a detailed scheme, the scheme shall be published, considered, approved and dealt with as if it were an outline scheme and the provisions of sections 12, 13 and 14 of the Town and Country Planning Cap. JO. Aet shall apply accordingly save that, (a) such sections shall have effect as if for the word "Board" occurring therein there were substituted the word "Corporation"; and (b), subsection (I) of section 14 shall have effect as if after the word "Minister" there were added the words "after seeking the advice of the Board". ( 4) A committee shal1 not, (a) prepare a detailed scheme for any part of planning area for which the Corporation has prepared a detailed scherne; (b) prepare any other detailed scheme except jointly ,vith the Comoration. Contents nf schemes. Pl arming Comrnitt.ees. Cap. 27. i'ower of planning committees within n~cnn struction area~ Act S l?econstruction and Development Curporation Act .. 1981 31. For the purposes of preparing outline and detailed schemes as are referred to under section 29 of this Act in planning areas within a reconstruction area the second Schedule to the Town and Country Planning Act shall he rc:id as follows, (a) in Par1 II, paragraph 8, at the end, the full stop shalI be deleted and the words "reception areas for the relocation of people and activities and industrial estates" shall be added; (b) in Part II, paragraph 9, after the word "clearance" there shall be added the words "improvement and up-grading"; (c) in Part II, paragraph 13, the full stop shill be deleted at the end and there shall be added the words "including the provision of a classifica tion of m,cs under a change of use within the same class of use will not ,need permission and a provision permitting certain stated minor developments to take place without the need to obtain permission". 32. Within a reconstrnction area, section 10 of the Town and Country Planning Act shall be read as if subsections (5), (6) and (7) were deleted therefrom and the following provisions substituted, (a) "if an area is partly within two or more local authorities, the planning committee shall be a joint committee constituted in accordance with the provisions of section 21 of the Urban Authorities Act"; (b) in subsection (8) after the word "Board" wherever occurring there were added the words " and the Corporation''. 33. (l) A planning committee shall not decide upon any application for permission to develop any land within a plan ning area in a reconstruction area until it has first obtained the·· vie,vs of the Corporation on that application. (2) The Corporation may inform a planning committee tliat it docs not ,vish to be informed of certain classes of or partic1ilar types of application for permission to develop and in such case the views and approval of the Corporation shall be tkcmcd to have been obtained in respect of such application. Act 5 Reconstruction and Development Corporation /let 1981 (3) Vvhere a planning committee is disposed tu rfo agree with the views of the Corporation 011 an application for permission to develop it shall so inform the Corporation and the Corporation nrny require tJ1e Boan! to resolve iL (4) The Board shall deal with an application rcforrcd to in accordance with subsection (3) as if an appeal had liccn made to it under section 27 of the 'I'own and Country Plannin,L'. Act and the Corporation was a person .:1ggricvcd. Cap. :rn. ( 5) At any hearing by the Board unckr subsection ( 4) the applicant for pennission to develop shall be entitled to be heard as if he were a person aggrieved by the decision of the committee. 34. (1) The Corporation shall put before a planning committee any of its proposals for development and the plan ning committee shall give its views thereon. (2) Where the planning committee has no objection to the proposal it shall so inform the Corporation and the Corporation sha11 be deemed to have been granted permission t.o develop. (3) Where a planning committee is disposed to object to the proposal of the Corporation it shall so inform the Corporation and the Corporation sha1I review its proposals in the light of the views of the planning committee. (4) Where on re-submission of the proposals to the planning committee, that cornmittec h<1s no objection to the proposals it shall so inform the Corporation and the provisions of subsection (2) shall apply. (5) Where on re-submission of the propot,als to the planning committee that committee is still disposed to object to the proposals it shall so inform the Corporation and the Corporation shall refer the proposals to the Hoard. (6), The Board after seeking the views c,f the Com-• mit:tee may approve with modificalions n;- disallmY the proposals. 35. For the purposes of acqu1s1t10n of bnd within a reconstruction area, section 17 of the 'l'own and Country Planning Act shall be construed as if, (a) the following paragn1ph had b•:·cn added to sub section ( 1), Development bythr.i Corporation. Ae;quisitioo of land. Improve•• mentup grading and relocation. Act 5 l?econsfntclion and Devdofnmmt Corporation Act 1981 "(b) any fond within a planning area required for any of the matters set out in an out line or detailed scherne approved for the area and in particular and without prejudice to the generality of the fore going for, (i) relocation areas, nception areas and urban villages; (ii) up--grading a n d improvement schemes; (iii) housing estates and site and service schemes; (iv) community farms; (v) community centres; (vi) public buildings; (vii) waterworks and sewerage works; (viii) industrial estates; (ix) car and lorry parks; (x) the reconstruction and re-allocation of plots in extensively war damaged areas of towns; ( xi) educational and training institu tions; (xii) railways and railway works; (xiii) outdoors public recreation areas"; (c) after the word "authority" in line 3 of subsection (3) there were added the words "o:· the Corpora tion". 36. (1), Where it is proposed that a scheme shall make provision for the improvement and up-grading of any urban area or the relocation of people and activities within a recon struction area, the Corporation and the local authority having ,i11risdiction over the urban area shall jointly, (a) inform the residents of the area to be improved nr relocated of the proposals and consider any views thev may have thereon; ( b) inform the residents ;if the areas coHcerned of the fnei]i1i,·s and :rnsiritanee available to them to improve their houses or, as tlie case may he, to huild ho11s<'s elsewhere; Act 5 l<ticonslruction and Develop1nenl Corporation Act 1981 (c) prepare a reception area for the rehousing of all those likely to be made homeless by the scheme of improvement or relocation, ns the case may be, and for the provisions of public facilities and facilities for ·work for such persons. (2) \~Tithin an area designated in a scheme as an area for improvement and up-grading the powers of prevention of nuisances, closure of houses and demolition of premises contained in Part IX of the Public Health Act shall only be 269 Cap. . exercised within the framework and taking account of any programme of improving and up-grading the area and the buildings therein. 37. (1) In a reconstruction area a copy of every building Buildin1, authority under the Building Rules and a copy of every plan etc,trol submitted to a local authority under the Drainage and Sanita- s~L 269-13 tion Rules shall be made 3vailable to the Corporation. ;°J'Jlv (2) The Corporation shall assist every local authority s.1. 269-11 in a rec onstruction a~ea .to administer the Building Rules and ~°J:,~~v the Dramage and Samtatton Rules. P (3) A local authority shall not decide upon any 8 1 269 11 application for a building licence under the Building Rules v'oi. XIV or any application made under the Drainage and Sanitation P· 3840· Rules until it has first obtained the Yiew of the Corporation. (4) The Corporation may inform a local authority that it is not necessary for certain categories and types of building plans or plans in connection with drainage and sanitation to he made available to it and in such cues the vievts a11d · ;ipprnval of the Corporation shall be deemed to have been obtained in respect of snch plans. ( 5) Where a local authority is disposed to disagree with the views of the Corporation on whether to approve or disapprove any plans in connection with drainage and sanita t:on, it shall so infom1 the Corporation and the Corporation may require the local authority to ref er the plans over which there is diSl'lgreement to the Minister. (6) The M.inister after taking such advice as he considers necessary may apprn\'e or disapprove of the plans referred to him and his decision shaJl he deem.ed to be made under and in accordance with the Building Rules or, as the case may be, the Drainage and Sanitation Rules. SJ. 269--13 Vol.XIV p. 3840. S.I. 269-11 Vol.XIV p. 3756. Con struction and repair of water works and sewerage works. Public land in a recon struction area. Act 13 of 1969. Act S Neconstruction and Development Corporation Act 1981 (7) Any building plans or any 1Jlans in connection with drainage and sanitation brought forward by or on behalf of the Corporation shall be governed by the same procedures mutatis mutandis as are set out in section 34 of this Act except that for subsection (6) of that section there shall be substituted subsection (6) of this section. 38. Where the Corporation proposes to huild, repair, re novate, improve, extend or otherwise undertake any works on any waterworks or sewerage and drainage works it shall first consult with and consider the views of the Water and Drainage Department of the Ministry responsible for those matters and where the Corporation and the Department fail to agree on the nature, timing or extent of the ,vorks which · the Corporation proposes to undertake the Corporation shall refer the matter to the Minister and shall not undertake or let contracts for another person to undertake on its behalf any of the proposed works until the Minister authorises it to <lo so. 39. (1) The Uganda Land Commission and any urban authority in a designated urban area which is a controlling authority under the Public Lands Act shall as respects any public land under its jurisdiction within a reconstruction area consult with and consider the views of the Corporation before exercising its powers under section 22 or 32 of that Act. (2) The Corporation may request any such controlling authority as is referred to in subsection (1). to exercise any of its powers under section 22 or 32 of the Public Lands Act or its power to resume public land and the controlling authority shall consider that request and inform the Cor- . poration of its decision on it. (3) ,vhere the Uganda Land Commission proposes to exercise its powers under section 36 of the Public Lan(i}s Act it shall prior to deciding to give notice of forfeiture under subsection (1) of section 36 or to extend or specify a period under subsection (2) of section 36 consult with and take acco~nt of the views of the Corporation on such proposed cxercrnes. (4) Where the views of the Corporation given under subsections (l) and (3) and the requests of the Corporation made under subsection (2), have not been accepted and acted upon by the bodies to which they were given or made, the Corporation shall report that fact to the Minister. Act S Reoonstruction and Dei1elopment ,Oorporation Act 1981 p ART V-LOCAL AUTHORITIES IN RECONSTRUCTION AREAS, 40. (1) Every local authority within a reconstruction area shall be under a duty to co-operate v,rith and carry out its duties so as to facilitate the work of the Reconstruction and Development Corporation. (2) Every local authority within a reconstruction area shall consider the desirability of exercising its powers under its constituent Act to either, (a) appoint a committee on which members or officers of the Corporation would be invited to sit; or (b), invite members or officers of the Corporation to sit on such existing committees as may be necessary, m order to perform its duty under subsection (1). (3) The Minister having r.csponsibility for local authorities may require a local authority in a reconstruction area to appoint such a committee as is referred to in paragraph (a) of subsection (2) or to issue .3uch invitations as are referred to in paragraph (b) of subseetion (2).. Co• operation with recon struction and develop ment corporation. (4) Section 21 of the Urban Authorities Act shall Cap. 27 apply to all local authorities in a reconstruction area and shall be read as if, (a) after the words "local authorities" wherever occurring there were inserted the words "or the Corporation"; ( b) after the word "purpose" in line 3 of subsection (1) there were inserted the words "including facilitating the work of the Curporation". 41. (I) Prior to exercising any of its powers under sections 37, 38 or 39 of the Urban Authorities Act an urban authority in a reconstruction area shall discuss its proposals with the Corporation and shall take account nf the vievd, of the Cor poration thereon. (2) The Corporation may request any urban authority in a reconstruction area to exercise any of its powers under sections 37, 38 or 39 of the Urban Authorities Act and the urban authority to which the request is made shall consider and inform the Corporation of its decision on the request. Control and closure of roads, open spaces, etc. Cap. 27. Devalop mentbr alocal .authority. Directions by the Minister. Legal Procedur«111. C".ap. 30. Act 5 Reconstruction and Development Corporation Act 1981 (3), Where an urban authority declines to accept the views of the Corporation given under subsection (1) or refuses the request made under subsection (2)., the Corpora tion shall infom1 the Minister of that fact. 42. (1) Any proposals for development by a local authority in a reconstruction area shall be submitted to tlie Corporation for its views and the Corporation shall give its vie,vs thereon t,, the local authority. (2) \Vherc the Corporation objects to the proposed development, the local authority and the Corporation shall jointly refer the proposal to the l\1inister. (3) The Minister after seeking the advice of the Board and any other relevant authorities may grant with modifications or refuse permission to the local authority to proceed with the proposed development. 43. The Minister may, of his own motion or at the request of the Corporation, direct any local authority in a reconstn1c tion area to, (a) exercise. any function which it is empowered t.o exercise; (b), desist from exercising any function which at the time of the direction it is ~xercising; (c) enforce any hye-law or any other law which it is empowered to enforce; (d) make a bye-law on any matter specified in the direction; ( r) generally to so conduct its affairs that it facilitates the work of the Corporation. PART VI -1\ilTscELLANEOUS. 44. Sections 28, 29 and 31 of the Town and Country Planning Act shall apply to the Corporation exercising powers in a reconstruction area and shall he read in connection therewith as if, (a) for the word ''Hoard'' wherever occuring there was substituted the word "Corporation"; (b) for the wurd "President" in subsection (1) of section 3] there was substituted the word "Chairman". 170 Act 5 Reconstruction and Development Oorporotfon Act 1981 45. The Corporation may, with the prior approval of the :r-laws Minister, make bye-laws not inconsistent with the provisions Corporation. of this Act regulating the conduct of th£~ business of the Corporation and without derogating from the generality uf the foregoing such bye-laws may regulate, (a), the books and accounts to be kept by the ( :or poration; (b) the rates of charges for any construction or civil engineering work nnrlertaken by the Cor poration; (e) the appointment, discipline and dismissal of the employees of the Corporation; (d) the payment of pensions, gratuities and other like payments on both retirement or tennination of office whether by contributory or non-contribu tory arrangement to employees of the Corpora tion; and (e) procedure at the meetings of the Board of the Corporation and its committees. (2) Notwithstanding the provisions of the Inter pretation Decree it shall not be necessary to publish in the Decree ts Gazette the bye-laws made by the Corporation but such bye- of 1976· laws may be published in such manner as the Board, with the approval of the Minister, may think fit. 46. (1) The Minister may make regulation for the Regula better carrying out of the provisions and principles of this dons. Act and without derogating from the generality of the foregoing such regulations may provide for, (a) the procedures to be followed by tJ1e Reconstruc tion Area Advisory Committee; (b), the manner and extent of the sharing of costs b c t w c e n the Corporation and the Jocal authorities in a reconstruction area in respt->ct of any joint committees that they may establish; (c) the preparation, deposit:, publication and sub mission of a reconstruction area plan; (d) the procedures to he followed in respect of the implementation of any proposals for improving and up-grading urban areas for relocating people and activities and for providing for reception areas and urban villages; Cap. 30. Inter pretation. Act 5 Reconstruction and Developnumt Corporation Act 1981 (e) the terms and conditions on which building equipment, materials and tools may be mad(' available to any person by way of grant or loan; (/) the tem1s and conditions on which money for building purposes may be made available to any person by way of grant or loan; (g) the fees that may be charged by the Corporation for any of its services; and (h), the forms that may be used in connection with the Act. t2), The Board may, either of its own motion or at the request of the Corporation, and shall, if s- : requested by the Minister, make regulations applicable to ~ reconstruction area and the powers cxerciseable tiherein 0;1 any of the matters on which by section 33 of the Town and Country Planning Act the Board is empowered to make regulations. 47. In this Act unless the context otherwise requires, "area of jurisdiction" means the rec011struction area for which the Corporation has been appointed and in which it may exercise its powers; · "Board" means in Parts I, II, and III of this Act the Board of the Corporation and in Parts IV, V and VI of this Act, the Town and Country Planning Board; "Chainnan" means the chairman of the Corporation; "Commission" means the Uganda Land Commission; "Committee" me-ans a Reconstruction Area Advisory Committee; "Corporation" means the Reconstruction and Develop ment Corporation established under section I; "development" in relation to land includes any build ing or re-building operations and ,my use of the land whether on, under or over it or any building thereon for a purpose which is different from the purposo for which the land or building was last being used; Act 5 Reconstruction and Development Corporation Act 1981 "Managing Director" means the Managing Director of the Corporation; i•Jocal authority" means, (a) in an urban area a municipal or town council; (b) in a rural area an admmistration established under the Local Administrations Act; "Minister" means in relation to, (a) matters arising under the Town and Country Planning Act the lV[inister responsible for Town and Country Planning; (b) matters concerned with local authorities the Minister responsible for local authorities; (c) all other respects the Minister to whom rcspon siblity under this Act 1s assigned; "reception area" means an area of land set asi<le for the reception and rehousing of people made home less by any programme of improvement and up grading of urban areas or by any programme of relocation; "relocation" means the removal of people from an area where they formerly lived and worked and the placing of them in a planned development in a new area; "reconstruction area'' means an area declared to be a reconstruction area under section 21 of this Act; Act 18 of 1967. "scheme" means an outline or detailed scheme prepared in accordance with the previsions of the Town and Country Planning Act; Cap. 30. "urban area" means an area under the jurisdiction of an authority constituted under and in accordance with the Urban Authorities Act; Cap. 27. "urban village" means a collection of houses and other buildings on the edge of or j L'.St outside an urban area which is used by or is planned and developed for the use of persons coming to the urban area to live and ·work therein. ·