The Markets Act, 2023
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THE REPUBLIC OF UGANDA
THE MARKETS ACT, 2023
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THE REPUBLIC OF UGANDA
I SIGNIFY my assent to the bill.
................................
President
Date of assent..........22nd May, 2023
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Act Markets Act 2023
THE MARKETS ACT, 2023
ARRANGEMENT OF SECTIONS
Section
PART I — PRELIMINARY
1. Interpretation
2. Administrative authority
PART II — ESTABLISHMENT OF PUBLIC MARKETS
AND PRIVATE MARKETS
3. Categories of markets
4. Establishment of public markets
5. Administration of public markets
6. Establishment of private markets
PART III — LICENSING OF PRIVATE MARKETS
7. Publication of licensed markets
8. Application for licence
9. Conditions for grant of licence
10. Grant of licence
11. Licence fees
12. Suspension and revocation of licence
13. Duration of licence
14. Renewal of licence
15. Other applicable licences or fees
16. Alteration of layout or design of markets
PART IV — REGISTER OF MARKETS AND VENDORS
al of licence
15. Other applicable licences or fees
16. Alteration of layout or design of markets
PART IV — REGISTER OF MARKETS AND VENDORS
17. Register of markets
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18. Register of vendors
Part V—Management of Markets
19. Designation of departments in markets
20. Market administrator
21. Allocation of work spaces, shops, pitches and stalls in public
markets
22. Abandonment of work space, shop, pitch or stall allocated to vendor
23. General cleanliness
Part VI—Market Fees
24. Market fees
25. Market fees collection
26. Payment of market fees in public markets
Part VII—Offences and Penalties
27. Penalty for breach of conditions of licence
28. False information
29. Obstruction of market administrator
30. Impersonation of market administrator
31. Obliteration of market facilities
32. Prohibited sales
33. General penalty
Part VIII—Miscellaneous
34. Regulations
35. Power to make ordinances and byelaws
36. Repeal and saving
37. Transitional
38. Amendment of Schedule
SCHEDULE
SCHEDULE Currency Point
Power to make ordinances and byelaws
36. Repeal and saving
37. Transitional
38. Amendment of Schedule
SCHEDULE
SCHEDULE Currency Point
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Act Markets Act 2023
THE REPUBLIC OF UGANDA
THE MARKETS ACT, 2023
An Act to provide for the establishment, management and
administration of public and private markets; to provide for
categories of markets; to provide for licensing of private markets;
to provide for registration of markets and vendors; to provide for
determination and collection of market fees; to repeal the Markets
Act, Cap. 94; and for related matters.
DATE OF ASSENT:
Date of Commencement:
BE IT ENACTED by Parliament as follows:
PART I—PRELIMINARY
1. Interpretation
In this Act, unless the context otherwise requires—
“court” means a Magistrates Court;
“currency point” has the value assigned to it in the Schedule to
this Act;
“licence” means a licence issued under this Act;
“local authority” means the Kampala Capital City Authority,
city council, district council, municipal council, city
division council, municipal division council, town council
or subcounty council;
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Act Markets Act 2023
, municipal council, city
division council, municipal division council, town council
or subcounty council;
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Act Markets Act 2023
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Act Markets Act 2023
THE REPUBLIC OF UGANDA
THE MARKETS ACT, 2023
An Act to provide for the establishment, management and
administration of public and private markets; to provide for
categories of markets; to provide for licensing of private markets;
to provide for registration of markets and vendors; to provide for
determination and collection of market fees; to repeal the Markets
Act, Cap. 94; and for related matters.
DATE OF ASSENT:
Date of Commencement:
BE IT ENACTED by Parliament as follows:
PART I—PRELIMINARY
1. Interpretation
In this Act, unless the context otherwise requires—
“court” means a Magistrates Court;
“currency point” has the value assigned to it in the Schedule to
this Act;
“licence” means a licence issued under this Act;
“local authority” means the Kampala Capital City Authority,
city council, district council, municipal council, city
division council, municipal division council, town council
or subcounty council;
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, municipal council, city
division council, municipal division council, town council
or subcounty council;
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“market” means a place established or licenced in accordance
with this Act to sell agricultural produce or products, and
other goods or provision of services;
“market administrator” means a person appointed under section
20;
“market operator” refers to a private person who owns a market;
“Minister” means the Minister responsible for local government;
“person” includes a company or an association or body of
persons corporate or unincorporate;
“permanent market” means a market established or licenced to
operate from a permanent location with full time operations
or operations on designated days;
“pitch” means a portion of the ground or floor of a market
allocated to a vendor for the purpose of displaying goods
for sale;
“private market” means a market established by any person
other than a local authority and licenced in accordance
with this Act;
“private market operator” means a person licenced to operate a
private market under this Act;
“public market” means a market established by a local authority;
“responsible Minister” means the Minister responsible for local
government or the Minister responsible for Kampala
Capital City, as the case may be;
“seasonal market” means a market established or licenced to
operate during a particular season or event;
“shop” means a portion of a market erected in accordance
with this Act for purposes of storage of goods which are
displayed for sale;
ason or event;
“shop” means a portion of a market erected in accordance
with this Act for purposes of storage of goods which are
displayed for sale;
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"stall" means a portion of a market upon which any structure has
been erected in accordance with this Act for purposes of
displaying goods for sale;
"temporary market" means a market established or licenced to
operate for a specified period of time;
"vendor" means a person authorised to carry out business in a
market.
2. Administrative authority
For the purposes of the administration of this Act—
(a) in Kampala Capital City; the administrative authority shall
be the executive director;
(b) in a city, municipality or town; the administrative authority
shall be the town clerk;
(c) in a district; the administrative authority shall be the chief
administrative officer;
(d) in a city division or municipal division; the administrative
authority shall be the assistant town clerk; and
(e) in a subcounty; the administrative authority shall be the
subcounty chief.
PART II—ESTABLISHMENT OF PUBLIC MARKETS
AND PRIVATE MARKETS
3. Categories of markets
For the purposes of this Act, markets shall be categorised as—
(a) permanent markets;
(b) temporary markets; and
(c) seasonal markets.
markets
For the purposes of this Act, markets shall be categorised as—
(a) permanent markets;
(b) temporary markets; and
(c) seasonal markets.
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4. Establishment of public markets
(1) A local authority may, by resolution, establish a public
market within its area of jurisdiction.
(2) A local authority shall, before passing a resolution to
establish a public market, ascertain—
(a) the physical location of the intended market;
(b) the ownership of land on which the public market is to be
established;
(c) availability of funds;
(d) the category of the market to be established as prescribed
in section 3;
(e) user rights;
(f) compliance with the Physical Planning Act, 2010 and
other applicable laws; and
(g) any other information as may be prescribed by the
responsible Minister, by regulations.
(3) The Minister may, by regulations, prescribe the
requirements for the establishment of each category of markets.
ulations.
(3) The Minister may, by regulations, prescribe the
requirements for the establishment of each category of markets.
(4) The conditions for licensing a private market prescribed
under section 9 shall apply to public markets.
5. Administration of public markets
Where a public market is established under this Act, the administration
of the public market shall be in accordance with the Kampala Capital
City Act, 2010 or the Local Governments Act.
6. Establishment of private markets
(1) A person who intends to establish a private market shall
apply to the local authority under whose jurisdiction the private market
is to be established, for authorisation.
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arket
is to be established, for authorisation.
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(2) An application under subsection (1) shall be in the
prescribed form, and shall contain the following particulars—
(a) the name and address of the applicant;
(b) the category of market to be established;
(c) the physical location of the intended market;
(d) availability of land;
(e) the existing or proposed physical infrastructure, if any;
(f) a technical drawing of a market plan, where applicable;
(g) the certificate of incorporation in case of a legal entity;
(h) evidence of approvals required under the law; and
(i) any other information as may be prescribed by the
responsible Minister, by regulations.
(3) A local authority may, by resolution within thirty days
of receipt of an application under subsection (1), authorise the
establishment of a private market.
(4) Where a local authority refuses to grant authorisation
under subsection (3), the local authority shall notify the applicant,
giving reasons in writing for the refusal.
hority refuses to grant authorisation
under subsection (3), the local authority shall notify the applicant,
giving reasons in writing for the refusal.
(5) An applicant who is aggrieved by the refusal of the
local authority to grant authorisation may, within fourteen working
days from the date of receipt of the notice of refusal, appeal to the
responsible Minister.
(6) An applicant who is dissatisfied with a decision of the
responsible Minister under subsection (5) may apply to court.
7. Publication of licensed markets
The administrative authority shall, within thirty days of issuing a
licence, publish the name and location of the market in the Gazette.
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PART III—LICENSING OF PRIVATE MARKETS
8. Application for licence
(1) A person authorised to establish a private market under
section 6, shall apply, in the prescribed form, to the appropriate
administrative authority, for a licence to operate a private market.
(2) An application for a licence under subsection (1) shall be
accompanied by the following particulars—
(a) the resolution of a local authority authorising the
establishment of a market; and
(b) the proposed departments in the market.
lution of a local authority authorising the
establishment of a market; and
(b) the proposed departments in the market.
9. Conditions for grant of licence
(1) The responsible Minister shall, by regulations, prescribe
the conditions for grant of a licence for each category of markets under
section 3.
(2) In prescribing the conditions under subsection (1), the
responsible Minister shall, where practicable, take into consideration
the following—
(a) access to the market by persons with disabilities;
(b) baby care and nursing centres;
(c) separate toilets for women, men and persons with
disabilities; and
(d) parking areas for motor vehicles.
(3) The administrative authority shall, on receipt of an
application under section 8, verify the information in the application
to establish whether the application requirements and conditions for
the grant of a licence have been complied with.
10. Grant of licence
(1) An administrative authority may, within twenty one days
from the date of application and on payment of the prescribed fee,
grant a licence to the applicant.
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applicant.
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(2) A licence issued under subsection (1) shall—
(a) be in the prescribed form; and
(b) specify the category of the market in respect of which the
licence is granted.
(3) Where the administrative authority refuses to grant a
licence, the administrative authority shall, within thirty days from the
date of the application, provide a written explanation to the applicant,
giving reasons for the refusal.
(4) An applicant who is aggrieved by the refusal of the
administrative authority to grant a licence may, within fourteen
working days from the date of receipt of the written explanation under
subsection (3), appeal to the responsible Minister.
(5) An applicant who is dissatisfied with the decision of the
responsible Minister under section 4 may apply to court.
11. Licence fees
(1) A local authority shall prescribe licence fees to be paid by
an applicant.
sible Minister under section 4 may apply to court.
11. Licence fees
(1) A local authority shall prescribe licence fees to be paid by
an applicant.
(2) In prescribing the licence fees under subsection (1), the
local authority shall take into consideration, the following—
(a) the size of the market;
(b) the location of the market;
(c) the category of the market;
(d) the number of vendors in the market; and
(e) any other consideration the local authority may deem
necessary.
12. Suspension and revocation of licence
(1) An administrative authority may suspend or revoke a
licence granted under this Act—
(a) if the administrative authority is satisfied that any of the
conditions upon which the licence was granted has been
breached;
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(b) where a private market operator ceases to operate the
market specified in the licence; or
(c) where the market is operated in breach of any provision of
this Act.
(2) The administrative authority shall, before suspending or
revoking a licence, give the licensee written notice of not less than
sixty days, specifying the reasons for the intended suspension or
revocation.
or
revoking a licence, give the licensee written notice of not less than
sixty days, specifying the reasons for the intended suspension or
revocation.
(3) The licensee may make presentations to the
administrative authority, giving reasons why the licence should not
be suspended or revoked.
(4) The administrative authority may, after consideration of
the presentations by the licensee, prescribe a time during which the
applicant is required to remedy the breach.
(5) Where the administrative authority is of the opinion
that the measures taken by the licensee under subsection (4) are not
sufficient, the administrative authority may—
(a) suspend the licence for a specified period; or
(b) revoke the licence.
13. Duration of licence
A licence issued under this Act shall be valid for twelve months from
the date of issue.
14. Renewal of licence
(1) A private market operator may apply for renewal of a
licence issued under this Act.
(2) An application for the renewal of a licence shall be made
to the appropriate administrative authority—
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(a) at least two months before the expiration of the licence;
and
2023
(a) at least two months before the expiration of the licence;
and
(b) in accordance with regulations made under this Act.
(3) In considering an application for the renewal of a licence,
the administrative authority shall have regard to the adherence by the
licensee to the conditions of the licence during the duration of the
licence.
(4) The administrative authority may renew a licence within
fourteen working days from the date of the application.
(5) Section 10(3), (4) and (5) shall, with the necessary
modifications, apply to the application for renewal of a licence.
15. Other applicable licences or fees
Where a vendor operates a business that requires a particular type of
license or fees under any other law other than the licence or fees under
this Act, the vendor shall pay all the applicable fees, notwithstanding
that he or she is operating within a market.
16. Alteration of layout or design of markets
(1) A person who intends to alter the layout or design of a
market shall—
a market.
16. Alteration of layout or design of markets
(1) A person who intends to alter the layout or design of a
market shall—
(a) comply with the Physical Planning Act, 2010, the Building
Control Act, 2010 and any other applicable law; and
(b) obtain approval from the relevant local authority.
(2) Subject to subsection (1), a person shall, before making
any alterations to a market, give at least three months’ notice, in
writing, to the vendors.
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Markets Act 2023
PART IV—REGISTER OF MARKETS AND VENDORS
17. Register of markets
(1) An administrative authority shall, keep and maintain a register of all markets within the administrative authority’s area of jurisdiction.
(2) The markets register shall, for each market, indicate the category of the market operated and its location.
(3) An administrative authority shall, at the end of every financial year, update the markets register.
(4) The administrative authority shall, within the first month of each financial year, submit a copy of the markets register to the responsible Minister.
18. Register of vendors
(1) The administrative authority shall keep and maintain a register of all vendors operating in a public market.
inister.
18. Register of vendors
(1) The administrative authority shall keep and maintain a register of all vendors operating in a public market.
(2) A private market operator shall keep and maintain a register of all vendors operating in the private market.
(3) The register under subsections (1) and (2) shall contain the following information—
(a) the name and address of each vendor;
(b) the national identification number of each vendor;
(c) the vendor allocation number;
(d) the work permits for vendors who are not citizens of Uganda;
(e) the name and location of the market which the vendor operates in;
(f) the goods sold or services provided by the vendor; and
(g) any other information that may be deemed necessary for registration.
(4) The administrative authority or private market operator shall, on registering a vendor, issue to the vendor a registration number.
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istering a vendor, issue to the vendor a registration number.
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(2) A private market operator shall keep and maintain a register of all vendors operating in the private market.
(3) The register under subsections (1) and (2) shall contain the following information—
(a) the name and address of each vendor;
(b) the national identification number of each vendor;
(c) the vendor allocation number;
(d) the work permits for vendors who are not citizens of Uganda;
(e) the name and location of the market which the vendor operates in;
(f) the goods sold or services provided by the vendor; and
(g) any other information that may be deemed necessary for registration.
(4) The administrative authority or private market operator shall, on registering a vendor, issue to the vendor a registration number.
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Act Markets Act 2023 (5) An administrative authority or private market operator
shall not charge fees for the registration of vendors.
2023 (5) An administrative authority or private market operator
shall not charge fees for the registration of vendors.
(6) An administrative authority or private market operator
shall, at the end of every financial year, update the register of vendors. (7) A private market operator shall submit a copy of the
register of vendors to the administrative authority within the first
month of each financial year. (8) The administrative authority or private market operator
shall display in a conspicuous place in the market, a copy of the register
of vendors. PART V—MANAGEMENT OF MARKETS
19. Designation of departments in markets
(1) Every market shall have departments spatially delineated
and organised based on the goods sold and services provided in the
market. (2) An administrative authority or private market operator
shall be responsible for designating the departments in a market under
his or her area of jurisdiction.
t operator
shall be responsible for designating the departments in a market under
his or her area of jurisdiction.
(3) The vendors in each designated department under
subsection (1) shall elect a head of department and deputy head of
department from amongst themselves, one of whom shall be a woman. (4) A person elected under subsection (3) shall serve for a
period of two years and may be eligible for re-election. (5) The head of a department shall be responsible for—
(a) ensuring proper organisation, sanitation and orderliness of
work spaces, shops, pitches or stalls under the respective
department;
(b) vetting of new vendors into the department; and
(c) handling disputes within the department.
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20. Market administrator
(1) There shall be a market administrator for every market.
(2) The market administrator shall be appointed by the administrative authority in respect of a public market or a private market operator in respect of a private market.
istrator shall be appointed by the administrative authority in respect of a public market or a private market operator in respect of a private market.
(3) The market administrator shall be responsible for—
(a) overseeing the day-to-day management of the market;
(b) liaising with the administrative authority on the affairs of the market; and
(c) ensuring general maintenance of orderliness in the market.
21. Allocation of work spaces, shops, pitches and stalls in public markets
(1) There shall be an allocation committee constituted by the administrative authority.
(2) In constituting the allocation committee, the administrative authority shall ensure representation of the local authority in whose area of jurisdiction the public market is established.
(3) The administrative authority shall determine the composition, functions and mandate of the allocation committee.
(4) The allocation committee shall be responsible for outlining, designating and allocating work spaces, shops, pitches and stalls in a public market.
(5) A person shall not operate a work space, shop, pitch or stall in a public market unless the work space, shop, pitch or stall is allocated to the person by the allocation committee.
ork space, shop, pitch or stall in a public market unless the work space, shop, pitch or stall is allocated to the person by the allocation committee.
(6) A person who intends to carry out business in a market shall apply to the allocation committee using the form prescribed in the regulations.
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(7) The allocation committee shall, in allocating a work space,
shop, pitch or stall, give priority to already existing registered vendors
in the market.
(8) A person shall not sublet the allocated work space, shop,
pitch or stall without authorisation from the allocation committee.
(9) A person who sublets the allocated work space, shop,
pitch or stall without authorisation required under subsection (8) shall
vacate the work space, shop, pitch or stall.
(10) A vendor shall not hold more than one work space, shop,
pitch or stall in a public market.
(11) A person who is in the public service of a local authority
shall not be allocated a work space, shop, pitch or stall in a public
market within the jurisdiction of that local authority.
ice of a local authority
shall not be allocated a work space, shop, pitch or stall in a public
market within the jurisdiction of that local authority.
(12) Subsection (11) shall not apply to a person who was a
vendor in a public market situated within the jurisdiction of the local
authority before assuming an office in the public service of the same
local authority.
22. Abandonment of work space, shop, pitch or stall allocated to
vendor
(1) A person shall be deemed to have abandoned a work space,
shop, pitch or stall allocated to the person if that person—
(a) has not occupied the work space, shop, pitch or stall within
three months from the date the work space, shop, pitch or
stall was allocated to that person; or
(b) is in default of paying market dues for three months.
(2) Subject to subsection (1), the allocation committee may
re-allocate the work space, shop, pitch or stall abandoned, to any other
applicant.
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23. General cleanliness
(1) A person occupying a work space, shop, pitch or stall in a market shall keep the work space, shop, pitch or stall clean and habitable at all times.
1) A person occupying a work space, shop, pitch or stall in a market shall keep the work space, shop, pitch or stall clean and habitable at all times.
(2) A person shall dispose of garbage or other waste from his or her work space, shop, pitch or stall in a place designated by the allocation committee for the disposal of garbage.
PART VI — MARKET FEES
24. Market fees
(1) A local authority shall, in consultation with the responsible Minister, determine the fees to be levied in a market under its area of jurisdiction.
(2) The fees determined under subsection (1) shall be displayed in a conspicuous place in the respective market.
(3) For the avoidance of doubt, the market fees determined under subsection (1) shall not include rent to be charged in a private market.
25. Market fees collection
(1) A local authority shall collect market fees due to the local authority from all markets within its area of jurisdiction in accordance with the Local Governments Act, Kampala Capital City Act, 2011 or any other written law.
(2) Notwithstanding subsection (1), a local authority may appoint a person to collect the market fees on its behalf.
26. Payment of market fees in public markets
(1) A vendor in a public market shall pay the applicable market fees prescribed by a local authority.
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t of market fees in public markets
(1) A vendor in a public market shall pay the applicable market fees prescribed by a local authority.
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Act Markets Act 2023
(2) Where the vendor fails to pay the market fees, an
administrative authority may seize any goods held by the vendor
within the market and the goods shall, unless the sum due is paid within
fourteen days from the date of seizure, be sold by the administrative
authority.
(3) The proceeds from the sale of goods seized under
subsection (2) shall be applied to the payment of the market fees
owed.
(4) Where the proceeds realised from the sale of any goods
under subsection (2)—
(a) exceed the amount due to the local authority, the amount
in excess shall be reimbursed to the vendor; and
(b) are less than the amount due to the local authority, the
administrative authority shall recover the balance due
through civil proceedings against the vendor.
(5) Notwithstanding subsection (2), where a vendor fails to
pay market fees within the prescribed period, the allocation committee
may reallocate the work space, shop, pitch or stall in respect of which
rent is owed to another person.
prescribed period, the allocation committee
may reallocate the work space, shop, pitch or stall in respect of which
rent is owed to another person.
Part VII—Offences and Penalties
27. Penalty for breach of conditions of licence
A person who operates a market in contravention of the conditions of
a licence issued under this Act commits an offence and is liable, on
conviction, to a fine not exceeding one hundred and twenty currency
points or imprisonment not exceeding two years, or both.
28. False information
A person who knowingly makes a false statement or gives false
information in respect of an application for a licence under this
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Act commits an offence and is liable, on conviction, to a fine not exceeding sixty currency points or imprisonment not exceeding one year, or both.
29. Obstruction of market administrator
A person who—
(a) fails to comply with a lawful order issued by a market administrator in accordance with this Act;
(b) obstructs a market administrator, in the course of his or her duties under this Act,
commits an offence and is liable, on conviction, to a fine not exceeding twenty four currency points or imprisonment not exceeding six months, or both.
30. Impersonation of market administrator
ion, to a fine not exceeding twenty four currency points or imprisonment not exceeding six months, or both.
30. Impersonation of market administrator
A person who, not being a market administrator, takes or assumes the name, designation, character or appearance of a market administrator for the purpose of doing or causing to be done any act which he or she is not entitled to do, commits an offence and is liable, on conviction, to a fine not exceeding twenty four currency points or imprisonment not exceeding six months, or both.
31. Obliteration of market facilities
(1) A person shall not damage, deface, misuse or interfere with any equipment, installation, fittings or fixtures in a market.
(2) A person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding one hundred and twenty currency points or imprisonment not exceeding two years, or both.
32. Prohibited sales
(1) A person shall not—
(a) sell goods other than at a designated work space, shop, pitch or stall; or
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(b) exhibit goods for sale on pathways or over any drainage
channel within a market.
2023
(b) exhibit goods for sale on pathways or over any drainage
channel within a market.
(2) A person who contravenes this section commits an offence
and is liable, on conviction, to a fine not exceeding twenty four
currency points or imprisonment not exceeding six months, or both.
33. General penalty
A person who contravenes any provision in this Act for which no
penalty is provided, commits an offence, and is liable, on conviction,
to a fine not exceeding twenty four currency points or imprisonment
not exceeding six months, or both.
PART VIII—MISCELLANEOUS
34. Regulations
The Minister may, by statutory instrument, make regulations to apply
to markets generally, for carrying into effect the purposes of this Act.
35. Power to make ordinances and byelaws
A local authority may, in exercise of its powers or functions under
this Act, make ordinances or byelaws for the better administration and
regulation of markets within its area of jurisdiction.
36. Repeal and saving
(1) The Markets Act is repealed.
better administration and
regulation of markets within its area of jurisdiction.
36. Repeal and saving
(1) The Markets Act is repealed.
(2) Notwithstanding subsection (1), any statutory instrument
made under the Markets Act which is in force immediately before the
commencement of this Act, shall remain in force in so far as it does not
contradict this Act, until revoked by a statutory instrument made under
this Act.
37. Transitional
Any market established under the Markets Act, Cap. 94 and existing
immediately before the coming into force of this Act shall—
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(a) be deemed to have been established under the Act; and
(b) within three years of the coming into force of this Act,
comply with the provisions of this Act.
38. Amendment of Schedule
The Minister may, by statutory instrument, with the approval of
Cabinet, amend the Schedule to this Act.
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SCHEDULE
Markets Act 2023
SCHEDULE
Section 1
One currency point is equivalent to twenty thousand shillings.
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Cross References
Building Control Act, 2013, Act 10 of 2013
Kampala Capital City Act, 2011, Act 1 of 2011
Local Governments Act, Cap. 243
Physical Planning Act, 2010, Act 8 of 2010
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THE REPUBLIC OF UGANDA
This printed impression has been carefully compared by me with the bill which was passed by Parliament and found by me to be a true copy of the bill.
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Clerk to Parliament
Date of authentication: ..............30/31/2023Have questions about this law?
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