Laws of Uganda ActiveThe Law Revision Act
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THE REPUBLIC OF UGANDA
THE LAW REVISION (MISCELLANEOUS AMENDMENTS) ACT, 2023
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Sure, here is the transcription:
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THE REPUBLIC OF UGANDA
I SIGNIFY my assent to the bill.
[signature]
President
Date of assent:……10th May, 2023
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Law Revision
Act (Miscellaneous Amendments) Act 2023
THE LAW REVISION (MISCELLANEOUS AMENDMENTS) ACT, 2023
ARRANGEMENT OF SECTIONS
Section
ellaneous Amendments) Act 2023
THE LAW REVISION (MISCELLANEOUS AMENDMENTS) ACT, 2023
ARRANGEMENT OF SECTIONS
Section
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THE REPUBLIC OF UGANDA
THE LAW REVISION (MISCELLANEOUS AMENDMENTS) ACT, 2023
[Page 2]
Sure, here is the transcription:
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THE REPUBLIC OF UGANDA
I SIGNIFY my assent to the bill.
[signature]
President
Date of assent:……10th May, 2023
---
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Law Revision
Act (Miscellaneous Amendments) Act 2023
THE LAW REVISION (MISCELLANEOUS AMENDMENTS) ACT, 2023
ARRANGEMENT OF SECTIONS
Section 1. Repeal of specified Acts
2. Conversion of fines and other financial amounts in specified laws, to currency points
3. Conversion of fines and other financial amounts in the Penal Code Act to currency points
4. Conversion of fines expressed in shillings in specified laws, to currency points
5. Modification of low fees, costs and values in laws in force on 15th May 1987
6. Conversion of financial amounts expressed in pounds in specified laws, to currency points
7. Amendment of the Evidence Act, Cap. 6
8. Amendment of the Magistrates Courts Act, Cap. 16
9. Amendment of the Trial on Indictments Act, Cap. 23
10. Amendment of the Cooperative Societies Act, Cap. 112
11. Amendment of Penal Code Act, Cap. 120
12.
of the Trial on Indictments Act, Cap. 23
10. Amendment of the Cooperative Societies Act, Cap. 112
11. Amendment of Penal Code Act, Cap. 120
12.
Amendment of the Administration of Estates (Small Estates) (Special Provisions) Act, Cap. 156
13. Amendment to the Succession Act, Cap. 162
14. Amendment of the Fisheries and Aquaculture Act, 2023
15. Amendment of the Uganda Registration Services Bureau Act, Cap. 210
16. Amendment of the Land Act, Cap. 227
17. Amendment of the Registration of Titles Act, Cap. 230
18. Amendment of the Divorce Act, Cap. 249
19. Amendment of Administration of Parliament Act, Cap. 257
20. Amendment of the Parliament (Powers and Privileges) Act, Cap. 258
21. Amendment of the Police Act, Cap. 303
22. Amendment of the Uganda Printing and Publishing Corporation Act, Cap. 330
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Act
ent of the Uganda Printing and Publishing Corporation Act, Cap. 330
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Act
23. Amendment of the Hides and Skins (Export Duty) Act, Cap. 339
24. Amendment of the Collective Investment Schemes Act, 2003
25. Amendment of the Uganda Peoples’ Defence Forces Act, 2005
26. Amendment of the Access to Information Act, 2005
27. Amendment of the Partnership Act, 2010
28. Amendment of the Tax Procedures Code Act, 2014
29. Amendment of the Common Market for Eastern and Southern
Africa Treaty (Implementation) Act, 2017
30. Amendment of the External Trade Act, Cap. 88
31. Amendment of the Income Tax Act, Cap. 340
32. Amendment of the Uganda Communications Act, 2013
33. Amendment of the Roads Act, 2019
34. Amendment of the Computer Misuse Act, 2011
35. Amendment of the Public Order Management Act, 2013
36. Amendment of the Anti-Pornography Act, 2014
37. Amendment of specified Acts
38. Transitional
SCHEDULES
f the Public Order Management Act, 2013
36. Amendment of the Anti-Pornography Act, 2014
37. Amendment of specified Acts
38. Transitional
SCHEDULES
SCHEDULE 1 — Laws for Repeal
SCHEDULE 2 — Conversion of Fines and Other Financial Amounts in
specified laws to Currency Points
SCHEDULE 3 — Conversion of Fines and Other Financial Amounts in
The Penal Code Act to Currency Points
SCHEDULE 4 — Conversion of Fines expressed in Shillings in specified
laws to Currency Points
SCHEDULE 5 — Modification of Low Fees, Costs and Values in Laws in
Force on 15th May 1987
SCHEDULE 6 — Conversion of Financial Amounts Expressed in Pounds
in Specified Laws, to Currency Points
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Act National Sports Act 2023
THE REPUBLIC OF UGANDA
THE LAW REVISION (MISCELLANEOUS
AMENDMENTS) ACT, 2023
THE LAW REVISION (MISCELLANEOUS
AMENDMENTS) ACT, 2023
An Act to provide for the repeal of specified Acts; to provide for the
conversion of fines and other financial amounts in specified laws to
currency points; to provide for the conversion of financial amounts
expressed in Pounds in specified laws to currency points; to provide
for the amendment of several laws to correct the anomalies in
those laws and to effect the decisions of the Constitutional Court
and the Supreme Court; to transfer provisions in Finance Acts to
the relevant laws and to incorporate provisions on winding up in
the Collective Investment Schemes Act, 2003, the Partnership Act
and the Cooperative Societies Act; and for related matters.
Date of Assent:
Date of publication:
BE IT ENACTED by Parliament as follows:
1. Repeal of specified Acts
The Acts specified in Schedule 1 to this Act are repealed.
2. Conversion of fines and other financial amounts in specified
laws, to currency points
(1) The fines and other financial amounts in the fourth
column of Schedule 2 to this Act, specified in the provisions of the
laws specified in the first, second and third columns respectively, are
column of Schedule 2 to this Act, specified in the provisions of the
laws specified in the first, second and third columns respectively, are
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modified as specified in the fifth column of the Schedule, using the formula in the Law Revision (Fines and other Financial Amounts in Criminal Matters) Act, 2008.
(2) The modified fines and other financial amounts in the fifth column of Schedule 2 to this Act are converted into currency points as specified in the sixth column of the Schedule.
(3) The laws specified in Schedule 2 to this Act are amended by substituting the fines and other financial amounts in the fourth column of Schedule 2 to this Act with the currency points in the sixth column of the Schedule.
(4) Any provision of any law that would otherwise be affected by this section, which is not in Schedule 2, shall be amended using the provisions of this section.
vision of any law that would otherwise be affected by this section, which is not in Schedule 2, shall be amended using the provisions of this section.
3. Conversion of fines and other financial amounts in the Penal Code Act to currency points
The fines and other financial amounts in the Penal Code Act specified in the second column of Schedule 3 to this Act are, using the formula in the Law Revision (Fines and other Financial Amounts in Criminal Matters) Act, 2008, converted into the amounts in the third column, which are substituted with the currency points specified in the fourth column of the Schedule.
4. Conversion of fines expressed in shillings in specified laws, to currency points
(1) The fines in the fourth column of Schedule 4 to this Act, specified in the provisions of the laws specified in the first, second and third columns respectively, are converted into currency points as specified in the fifth column of the Schedule.
(2) The laws specified in Schedule 4 to this Act are amended by substituting the fines in the fourth column of Schedule 4 to this Act with the currency points in the fifth column of the Schedule.
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th the currency points in the fifth column of the Schedule.
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(3) Any provision of any law that would otherwise be affected
by this section, which is not in Schedule 4, shall be amended using the
provisions of this section.
5. Modification of low fees, costs and values in laws in force on
15th May 1987
(1) The fees, values and costs in the fifth column of Schedule
5 to this Act, specified in the provisions of the laws specified in the
first, second and third columns, are modified as specified in the sixth
column of the Schedule, based on the justification in the seventh
column of the Schedule.
(2) The laws specified in Schedule 5 are amended by
substituting the fees, values or costs, in the fifth column with the fees,
values or costs in the seventh column of the Schedule.
6. Conversion of financial amounts expressed in pounds in
specified laws, to currency points
alues or costs in the seventh column of the Schedule.
6. Conversion of financial amounts expressed in pounds in
specified laws, to currency points
(1) The amounts in Pounds specified in the fourth column of
Schedule 6 to this Act, specified in the provisions of the laws specified
in the first, second and third columns respectively, are converted into
Uganda shillings as specified in the fifth column to the Schedule, using
the rate of Uganda shillings four thousand eight hundred to one Pound
Sterling.
(2) The amounts in Uganda shillings in the fifth column are,
using the value of the currency point in the Law Revision (Fines and
other Financial Amounts in Criminal Matters) Act, 2008, converted
into currency points as specified in the sixth column of the Schedule.
(3) The provisions of the laws specified in Schedule 6 to this
Act are amended by substituting the financial amounts expressed in
Pounds in the fourth column with the amounts expressed in currency
points in the sixth column of the Schedule.
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(4) Any provision of any law that would otherwise be affected by this section, which is not in Schedule 7, shall be amended using the provisions of this section.
vision of any law that would otherwise be affected by this section, which is not in Schedule 7, shall be amended using the provisions of this section.
7. Amendment of the Evidence Act, Cap. 6
The Evidence Act is amended in section 122 by numbering the current provion as subsection (1), and inserting the following as subsection (2)—
"(2) Notwithstanding subsection (1), the officer shall, in accordance with the requirements of the Access to Information Act, 2005 permit a person to give evidence derived from unpublished official records relating to any affairs of State."
8. Amendment of the Magistrates Courts Act, Cap. 16
The Magistrates Courts Act is amended—
(a) in section 76—
(i) by replacing "four hundred and eighty days" appearing in paragraph (a), with "one hundred and eighty days"; and
(ii) by replacing "two hundred and forty days" appearing in paragraph (b), with "sixty days";
(b) in section 168, by substituting for subsections (4) and (5), the following—
"(4) Where a person granted bail by a magistrates court is committed for trial by the High Court, the bail granted by the magistrates court shall not lapse on the committal of that person.
(5) Subsection (4) shall not be construed as limiting the powers of the High Court to, at any time, cancel bail granted by a magistrates court.";
(5) Subsection (4) shall not be construed as limiting the powers of the High Court to, at any time, cancel bail granted by a magistrates court.";
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(c) in section 195, by repealing subsections (2) and (4);
(d) in section 204, by repealing subsection (4); and
(c) in the Third Schedule, by repealing paragraph 31 (8).
9. Amendment of the Trial on Indictments Act, Cap. 23
The Trial on Indictments Act is amended—
(a) in section 16,—
(i) by replacing "four hundred and eighty days" appearing in paragraph (a), with "one hundred and eighty days"; and
(ii) by replacing "two hundred and forty days" appearing in paragraph (b), with "sixty days";
(b) in section 125, by repealing subsection (2); and
(c) in the schedule, by repealing paragraph 9 (1).
10. Amendment of the Cooperative Societies Act, Cap. 112
The Cooperative Societies Act is amended—
(a) by substituting for section 59, the following—
"59. Effect of winding up
Upon the winding up of a registered society, the Second Schedule to this Act shall apply in relation to the society.";
(b) by substituting for section 67, the following—
"67. Commission of offences by officers of a society
If the liquidator of a society whose registration has been cancelled alleges that any of the offences mentioned
n of offences by officers of a society
If the liquidator of a society whose registration has been cancelled alleges that any of the offences mentioned
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in paragraphs 17, 18, 19, 20, 21 and 22 of the Second Schedule has been committed, the liquidator shall report to the Director of Public Prosecutions for the institution of proceedings as may be necessary.";
(c) by substituting the Second Schedule with the following—
"Second Schedule
Provisions to apply to the winding up of a registered society
1. Definition of indebtness under section 53 of Act
A registered society shall be deemed to be indebted under section 53 (a) of the Act—
(a) if the applicant, by assignment or otherwise, to whom the registered society is indebted has served on the registered society, by leaving it at the registered office of the registered society, a demand under his or her hand requiring the registered society to pay the sum so due and the registered society has for three weeks thereafter neglected to pay the sum or to secure or compound for it to the reasonable satisfaction of the creditor;
(b) if execution or other process issued on a judgment, decree or order of any court in favour of a creditor of the registered society is returned unsatisfied in whole or in part; or
s issued on a judgment, decree or order of any court in favour of a creditor of the registered society is returned unsatisfied in whole or in part; or
(c) if it is proved to the satisfaction of the court that the registered society is unable to pay its debts, and in determining whether a registered
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society is unable to pay its debts the court shall take into account the contingent and prospective liabilities of the registered society.
2. Power to stay or restrain proceedings against registered society
At any time after the presentation of a winding up petition, and before an order of the cancellation of the registration of a society has been made, the registered society, or any creditor or member of a society, may—
(a) where any suit or proceeding against the registered society is pending in the High Court or Court of Appeal apply to the court in which the suit or proceeding is pending for a stay of the proceedings; and
(b) where any other suit or proceeding is pending against the registered society, apply to the court having jurisdiction to wind up the registered society, to restrain further proceedings in the suit or proceeding,
gistered society, apply to the court having jurisdiction to wind up the registered society, to restrain further proceedings in the suit or proceeding,
and the court to which application is made may, as the case may be, stay or restrain the proceedings accordingly on such terms as it thinks fit.
3. Avoidance of dispositions of property, etc. after date of dissolution.
In a winding up by court, any disposition of the property of the registered society, including things in action, and any transfer of shares, or alteration in the status of the members of the registered society, made after the commencement of the winding up, shall, unless the court otherwise orders, be void.
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4. Avoidance of attachments, etc.
Where any registered society is being wound up by court, any attachment, distress or execution put in force against the estate or effects of the registered society after the commencement of the winding up shall be void.
5. Actions stayed on order of cancellation of registration of society.
When an order of the cancellation of the registration of a society is made, no action or proceeding shall be proceeded with or commenced against the registered society except by leave of court and subject to such terms as court may impose.
proceeding shall be proceeded with or commenced against the registered society except by leave of court and subject to such terms as court may impose.
6. Effect of order of cancellation of registration of society
An order for winding up a registered society shall operate in favour of all the creditors and of all the members of the registered society as if the order was made on the joint petition of a creditor and a member of the society.
7. Power to stay winding up
(1) The court may at any time after an order for winding up, on the application either of the liquidator, a creditor or member of a society, and on proof to the satisfaction of the court that all proceedings in relation to the winding up ought to be stayed, make an order staying the proceedings altogether or for a limited time, on such terms and conditions as the court thinks fit.
(2) On any application under this paragraph the court may, before making an order, require the liquidator to furnish to the court a report with respect to any facts or matters which are in the opinion of the liquidator relevant to the application.
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ts or matters which are in the opinion of the liquidator relevant to the application.
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(3) A copy of every order made under this
paragraph shall as soon as may be practicable, be forwarded
by the registered society, or as may be prescribed, to the
registrar for registration.
8. Power to summon persons suspected of having
property of registered society, etc.
(1) The court may, at any time after the
appointment of an interim liquidator or the making of an
order of the cancellation of the registration of a society,
summon before it any officer of the registered society or
person known or suspected to have in his or her possession
any property of the registered society or supposed to be
indebted to the registered society, or any person whom the
court deems capable of giving information concerning the
promotion, formation, trade, dealings, affairs or property
of the registered society.
the
court deems capable of giving information concerning the
promotion, formation, trade, dealings, affairs or property
of the registered society.
(2) The court may examine the officer or person
mentioned in subparagraph (1), on oath concerning the
matters referred to in the subparagraph and may require the
officer or person to produce any books and papers, relating
to the registered society, in his or her custody or power, but
where the officer or person claims any lien on the books
or papers produced by him or her, the production shall
be without prejudice to that lien, and the court shall have
jurisdiction in the winding up to determine all questions
relating to that lien.
(3) If any person so summoned, after being
tendered a reasonable sum for his or her expenses, refuses
to come before the court at the time appointed, not having a
lawful impediment (made known to the court at the time of
its sitting and allowed by it), the court may cause the person
to be arrested and brought before the court for examination.
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e the court for examination.
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9. Power to arrest an absconding member of
registered society
The court may, at any time before or after making an order
of the cancellation of the registration of a society, on proof
of probable cause for believing that any officer or person
mentioned in paragraph 8 (1) or a member of a society, is
about to leave Uganda, to abscond or to remove or conceal
any of his or her property for the purpose of evading any
payment or of avoiding examination with respect to the
affairs of the registered society, cause the officer, person
or member, as the case may be, to be arrested and his or
her books and papers and movable personal property to
be seized and for the officer, person or member, as the
case may be and the books, papers or movable personal
property, respectively, to be safely kept until such time as
the court may order.
case may be and the books, papers or movable personal
property, respectively, to be safely kept until such time as
the court may order.
10. Debts of all descriptions may be proved
In every winding up, all debts payable on a contingency,
and all claims against a registered society, present or
future, certain or contingent, ascertained or sounding
only in damages, shall be admissible to proof against the
registered society, where a just estimate is made, as far
as possible, of the value of the debts or claims, as may be
subject to any contingency or sound only in damages, or
for some other reason do not bear a certain value.
11. Application of the Insolvency Act in winding up
of insolvent registered societies
In the winding up of an insolvent registered society, the
applicable provisions of the Insolvency Act shall apply
to the rights of secured and unsecured creditors and to
debts provable and to the valuation of annuities and future
and contingent liabilities and all persons who would be
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n of annuities and future
and contingent liabilities and all persons who would be
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entitled to prove for and receive dividends out of the assets
of the registered society may make such claims against the
registered society under this paragraph.
12. Preferential payments
(1) In the winding up of a registered society, there
shall be paid in priority to all other debts—
(a) all taxes and local rates due from the registered
society at the relevant date and having become
due and payable within twelve months next
before that date, not exceeding in the whole,
one year's assessment;
(b) if any, the rents payable to the Uganda Land
Commission or a district land board, which are
not more than one year in arrear;
(c) all wages or salary (whether or not earned
wholly or in part by way of commission) of
any clerk or servant (not being a member of
a society) in respect of services rendered to
the registered society during four months
next before the relevant date and all wages
(whether payable for time or for piecework) of
any worker or labourer in respect of services
so rendered;
before the relevant date and all wages
(whether payable for time or for piecework) of
any worker or labourer in respect of services
so rendered;
(d) unless the registered society is being wound
up voluntarily merely for the purposes of
reconstruction or amalgamation with another
registered society, or unless the registered
society has, at the commencement of the
winding up, under any contract with insurers,
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rights capable of being transferred to and vested
in a worker, all amounts due in respect of any
compensation or liability for compensation
under any law for the time being in force in
Uganda relating to compensation of workers,
being amounts which have accrued before the
relevant date;
(e) all amounts due in respect of contributions
payable by the registered society under the
National Social Security Fund Act, during
a period of twelve months immediately
preceding the relevant date, unless the
registered society is being wound up voluntarily
merely for the purposes of reconstruction or
amalgamation with another registered society.
ess the
registered society is being wound up voluntarily
merely for the purposes of reconstruction or
amalgamation with another registered society.
(2) Notwithstanding anything in subparagraph
(1)(c), the sum to which priority is to be given under
the paragraph shall not, in the case of any one claimant,
exceed four million shillings; except that where a claimant
under subparagraph (1 )(c) is a labourer in husbandry who
has entered into a contract for the payment of a portion of
his or her wages in a lump sum at the end of the year of
hiring, he or she shall have priority in respect of the whole
of such sum, or a part of it, as the court may decide to be
due under the contract, proportionate to the time of service
up to the relevant date.
(3) Where any compensation under any law for the
time being in force in Uganda relating to compensation
of workers is a weekly payment, the amount due shall,
for the purposes of subparagraph (1)(d), be taken to be the
amount of the lump sum for which the weekly payment
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could, if redeemable, be redeemed if the employer made an application for that purpose under such law.
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could, if redeemable, be redeemed if the employer made an application for that purpose under such law.
(4) Where any payment has been made to any clerk, servant, worker or labourer in the employment of a registered society, on account of wages or salary out of money advanced by some person for that purpose, the person by whom the money was advanced shall in a winding up have a right of priority in respect of the money so advanced and paid-up to the amount by which the sum in respect of which the clerk, servant, worker or labourer would have been entitled to priority in the winding up has been diminished by reason of the payment having been made.
(5) The debts referred to in this paragraph shall—
(a) rank equally among themselves and be paid in full, unless the assets are insufficient to meet them, in which case they shall abate in equal proportions; and
(b) so far as the assets of the registered society available for payment of general creditors are insufficient to meet them, have priority over the claims of holders of debentures under any floating charge created by the registered society, and be paid accordingly out of any property comprised in or subject to that charge.
tures under any floating charge created by the registered society, and be paid accordingly out of any property comprised in or subject to that charge.
(6) In the event of a landlord or other person distraining or having distrained on any goods or effects of the registered society within six months next before the date of an order of the cancellation of the registration of a society, the debts to which priority is given by this paragraph shall be a first charge on the goods or effects so
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distrained on, or the proceeds of the sale of those goods or effects; but in respect of any money paid under any such charge, the landlord or other person shall have the same rights of priority as the person to whom the payment is made.
(7) For the purposes of this paragraph—
(a) any remuneration in respect of a period of absence from work through sickness or other good cause shall be deemed to be wages in respect of services rendered to the registered society during that period;
(b) “the relevant date” means—
r good cause shall be deemed to be wages in respect of services rendered to the registered society during that period;
(b) “the relevant date” means—
(i) in the case of a registered society ordered to be wound up compulsorily, the date of the appointment (or first appointment) of an interim liquidator, or, if no such appointment was made, the date of the order of the cancellation of the registration of the society, unless in either case the registered society had commenced to be wound up voluntarily before that date; and
(ii) in any other case where subparagraph (i) does not apply, the date of the passing of the resolution for the winding up of the registered society.
13. Fraudulent preference
(1) Any transfer, conveyance, mortgage, charge, delivery of goods, payment, execution or other act relating to property made or done by or against a registered
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ainst a registered
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society within six months before the commencement of its
winding up which, had it been made or done by or against
an individual within six months before the presentation of
a bankruptcy petition on which the individual is adjudged
bankrupt, would be deemed in his or her bankruptcy a
fraudulent preference, shall in the event of the registered
society being wound up be deemed a fraudulent preference
of its creditors and be invalid accordingly.
(2) Any transfer, conveyance or assignment by
a registered society of all its property to trustees for the
benefit of all its creditors shall be void to all intents.
r, conveyance or assignment by
a registered society of all its property to trustees for the
benefit of all its creditors shall be void to all intents.
14. Effect of floating charge
Where a registered society is being wound up, a
floating charge on the undertaking or property of the
registered society created within twelve months of the
commencement of the winding up shall, unless it is proved
that the registered society immediately after the creation
of the charge was solvent, be invalid, except to the amount
of any cash paid to the registered society at the time of or
subsequently to the creation of, and in consideration for,
the charge, together with interest on that amount at the rate
of 6 percent per year or such other rate as may for the time
being be prescribed.
15. Restriction of rights of creditor as to execution or
attachment in the case of registered society being
wound up
(1) Where a creditor has issued execution against the
movable or immovable property of a registered society or
has attached any debt due to the registered society, and the
registered society is subsequently wound up, the creditor
shall not be entitled to retain the benefit of the execution
or attachment against the liquidator in the winding up of
equently wound up, the creditor
shall not be entitled to retain the benefit of the execution
or attachment against the liquidator in the winding up of
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the registered society unless the creditor completed the
execution or attachment before the commencement of the
winding up; except that—
(a) where the creditor had notice of a meeting at
which a resolution for voluntary winding up
was to be proposed, the date on which the
creditor so had notice shall, for the purposes of
this subparagraph, be substituted for the date
of the commencement of the winding up;
(b) a person who purchases in good faith under a
sale by a bailiff on an order of the court any
movable property of a registered society on
which an execution has been levied shall in
all cases acquire a good title to the movable
property against the liquidator; and
(c) the rights conferred by this subparagraph on
the liquidator may be set aside by the court
in favour of the creditor to such extent and
subject to such terms as the court may think
fit.
by the court
in favour of the creditor to such extent and
subject to such terms as the court may think
fit.
(2) For the purposes of this paragraph, an execution
against movable property shall be taken to be completed
by seizure and sale, and an attachment of a debt shall be
deemed to be completed by receipt of the debt, and an
execution against immovable property shall be deemed to
be completed by seizure and, in the case of an equitable
interest, by the appointment of a receiver.
(3) In this paragraph and in paragraph 16, “movable
property” includes all chattels personal, and “bailiff”
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includes any officer charged with the execution of a writ
or other process.
16. Duties of bailiff as to goods taken in execution
ny officer charged with the execution of a writ
or other process.
16. Duties of bailiff as to goods taken in execution
(1) Subject to subparagraph (3), where any movable
property of a registered society is taken in execution, and,
before the sale of the movable property or the completion
of the execution by the receipt or recovery of the full
amount of the levy, notice is served on the bailiff that an
interim liquidator has been appointed or that an order of
the cancellation of the registration of a society has been
made or that a resolution for voluntary winding up has been
passed, the bailiff shall, on being so required, deliver the
movable property, including any money seized or received
in part satisfaction of the execution, to the liquidator, but
the costs of the execution shall be a first charge on the
goods or money so delivered, and the liquidator may sell
the goods, or a sufficient part of the goods, for the purpose
of satisfying that charge.
d the liquidator may sell
the goods, or a sufficient part of the goods, for the purpose
of satisfying that charge.
(2) Subject to subparagraph (3), where under an
execution in respect of a decree for a sum exceeding four
million shillings the movable property of a registered
society is sold or money is paid in order to avoid sale,
the bailiff shall deduct the costs of the execution from
the proceeds of the sale or the money paid and retain the
balance for fourteen days, and if within that time notice is
served on the bailiff of a petition for the winding up of the
registered society having been presented or of a meeting
having been called at which there is to be proposed a
resolution for the voluntary winding up of the registered
society and an order is made or a resolution is passed,
as the case may be, for the winding up of the registered
society, the bailiff shall pay the balance to the liquidator.
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who shall be entitled to retain it as against the execution
creditor.
society, the bailiff shall pay the balance to the liquidator.
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who shall be entitled to retain it as against the execution
creditor.
(3) The rights conferred by this paragraph on the
liquidator may be set aside by the court in favour of the
creditor to such extent and subject to such terms as the
court thinks fit.
17. Offences by officers of registered societies in
liquidation
(1) If any person, being a past or present officer of
a registered society which at the time of the commission
of the alleged offence is being wound up, whether by
or under the supervision of the court or voluntarily, or
is subsequently ordered to be wound up by the court or
subsequently passes a resolution for voluntary winding
up⎯
(a) does not to the best of his or her knowledge
and belief fully and truly discover to the
liquidator all the property, movable and
immovable, of the registered society, and how
and to whom and for what consideration and
when the registered society disposed of any
part of the property, except such part as has
been disposed of in the ordinary way of the
business of the registered society;
part of the property, except such part as has
been disposed of in the ordinary way of the
business of the registered society;
(b) does not deliver up to the liquidator, or as he
or she directs, all such part of the movable and
immovable property of the registered society
as is in his or her custody or under his or her
control, and which he or she is required by law
to deliver up;
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(c) does not deliver up to the liquidator, or as he
or she directs, all books and papers belonging
to the registered society and which he or she is
required by law to deliver up;
(d) within twelve months next before the
commencement of the winding up or at any
time thereafter conceals any part of the
property of the registered society to the value
of two million shillings or more, or conceals
any debt due to or from the registered society;
(e) within twelve months next before the
commencement of the winding up or at any
time thereafter fraudulently removes any part
of the property of the registered society to the
value of two million shillings or more;
time thereafter fraudulently removes any part
of the property of the registered society to the
value of two million shillings or more;
(f) makes any material omission in any statement
relating to the affairs of the registered society;
(g) knowing or believing that a false debt has
been proved by any person under the winding
up, fails for the period of a month to inform
the liquidator of this;
(h) after the commencement of the winding up
prevents the production of any book or paper
affecting or relating to the property or affairs
of the registered society;
(i) within twelve months next before the
commencement of the winding up or at any
time thereafter conceals, destroys, mutilates
[Page 24]
Sure, here is the transcription:
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Law Revision
(Miscellaneous Amendments) Act
Act 2023
or falsifies, or is privy to the concealment, destruction, mutilation or falsification of, any book or paper affecting or relating to the property or affairs of the registered society;
(j) within twelve months next before the commencement of the winding up or at any time thereafter makes or is privy to the making of any false entry in any book or paper affecting or relating to the property or affairs of the registered society;
er makes or is privy to the making of any false entry in any book or paper affecting or relating to the property or affairs of the registered society;
(k) within twelve months next before the commencement of the winding up or at any time thereafter fraudulently parts with, alters or makes any omission in, or is privy to the fraudulent parting with, altering or making any omission in, any document affecting or relating to the property or affairs of the registered society;
(l) after the commencement of the winding up or at any meeting of the creditors of the registered society within twelve months next before the commencement of the winding up attempts to account for any part of the property of the registered society by fictitious losses or expenses;
(m) has within twelve months next before the commencement of the winding up or at any time thereafter, by any false representation or other fraud, obtained any property for or on behalf of the registered society on credit which
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(Miscellaneous Amendments) Act 2023
the registered society does not subsequently
pay for;
ed society on credit which
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[Page 25]
Law Revision
(Miscellaneous Amendments) Act 2023
the registered society does not subsequently
pay for;
(n) within twelve months next before the
commencement of the winding up or at any
time thereafter, under the false pretence
that the registered society is carrying on its
business, obtains on credit, for or on behalf of
the registered society, any property which the
registered society does not subsequently pay
for;
(o) within twelve months next before the
commencement of the winding up or at any
time thereafter pawns, pledges or disposes of
any property of the registered society which
has been obtained on credit and has not been
paid for, unless such pawning, pledging or
disposing is in the ordinary way of the business
of the registered society;
(p) is guilty of any false representation or other
fraud for the purpose of obtaining the consent
of the creditors of the registered society or
any of them to an agreement with reference
to the affairs of the registered society or to the
winding up;
(q) has within twelve months next before the
commencement of the winding up been
privy to the carrying on of the business of the
registered society knowing that the registered
society was unable to pay its debts; or
ding up been
privy to the carrying on of the business of the
registered society knowing that the registered
society was unable to pay its debts; or
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