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NGO Registration & Compliance Guide

The document outlines guidelines for the operations of District and Subcounty Non-Governmental Organisations Monitoring Committees in Uganda. It discusses the decision making powers and functions of these committees as well as the NGO Bureau. It also covers the registration requirements for different types of NGOs operating in Uganda.
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© © All Rights Reserved
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0% found this document useful (0 votes)
83 views34 pages

NGO Registration & Compliance Guide

The document outlines guidelines for the operations of District and Subcounty Non-Governmental Organisations Monitoring Committees in Uganda. It discusses the decision making powers and functions of these committees as well as the NGO Bureau. It also covers the registration requirements for different types of NGOs operating in Uganda.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 34

N a tional Bu

ea
r

u f s
or NGO

MINISTRY OF INTERNAL AFFAIRS


Table of Content

PREAMBLE ............................................................................iii
PART I- OPERATIONS OF THE DISTRICT AND
SUBCOUNTY NON-GOVERNMENTAL
ORGANISATIONS MONITORING COMMITTEES.....................01
1.0 Decision making powers and functions of the NGO
Bureau, DNMCs and SNMCs ..................................................01
1.1 The District Non-Governmental Organisations Monitoring
Committee (DNMC) ...............................................................03
1.2 Subcounty Non - Governmental Organisations Monitoring
Committees ............................................................................04
1.3 Consultations .........................................................................05
PART II – REGISTRATION OF NON –GOVERNMENTAL
ORGANISATIONS......................................................................06
2.0 Requirements for registration and an NGO Permit to
operate for an Indigenous NGO ...............................................06
2.1 Requirements for registration and an NGO Permit to
operate for a Regional NGO ....................................................08
2.2 Requirements for registration and an NGO Permit to
operate for a Continental NGO. ...............................................10
2.3 Requirements for registration and an NGO Permit to
operate for a Foreign NGO ......................................................12
2.4 Requirements for registration and an NGO Permit to
operate for an International NGO..............................................14
2.5 Refusal to register Non-Governmental Organization..................16

i
2.6 Registration requirements of a Community Based
Organisation ..........................................................................17
...........................................................................19
2.7 Refusal to register a Community Based Organisation ..........19
.....21
2.8 Self-regulatory bodies .......................................................20
......................................................22
..............................................20
2.9 Fees payable at registration .............................................. 22
PART III- STATUTORY AND LEGAL REQUIREMENTS
FOR COMPLIANCE .............................................................22
.............................................................24
3.0 Filing of Annual Returns of Organisations..........................22
......................24
3.1 Furnishing of information .................................................23
................................................25
3.2 Approval to operate in a district .........................................23
.......................................25
3.3 Memorandum of understanding with Local Government .....24
26
....................................................................24
3.4 Valid Permit ..................................................................... 26
...........................................................25
3.5 Special Obligations........................................................... 27
....27
3.6 Cooperation and furnishing of information to the Bureau29
3.7 Staffing of Organizations ..................................................27
.................................................29

Non - Governmental Organisations Guidelines 2019 Cii


PREAMBLE

The 1995 Constitution of the Republic of Uganda under


Articles 29 (d) and (e) provides for the Freedoms of
Expression, Assembly and Association which include the
freedom to form and join Associations or Unions,
including Trade Unions and political and other civic
organisations. As part of the operationalization of Article
29 with regard to formation and regulation of civil
organisations, the Non-Governmental Organisations Act,
,
2016 was assented to by H.E the President of Uganda on
th
the 30 day of January, 2016 after Parliament had passed
the Bill on the 26th day of November, 2015. The Act
commenced on the 14th day of March, 2016. The
commencement of the Act was followed by the
development of two Regulations namely the Non-
Governmental Organisations Regulations 2017 S.I No. 22
of 2017 which revoked the Non-Governmental
Organisations Registration Regulations 2009 and the Non-
Governmental Organisations (Fees) Regulations, 2017.

Though the Non-Governmental Organisations Act, 2016


had the effect of repealing the Non-Governmental
Organisations Act Cap 113, Section 59 of the Act saved
all the organisations which were in existence before the
commencement of the Act and they were to continue to
operate and the same applied to the employees of the
Board under section 58 of the Act.

Non - Governmental Organisations Guidelines 2019 1iii


The NGO Act, 2016 has several provisions which give the
NGO
The NGOBureau, District
Act, 2016 has Non-Governmental Organisations
several provisions which give the
Monitoring
NGO Bureau,Committees (DNMCs) and Subcounty
District Non-Governmental Non-
Organisations
Governmental
Monitoring Organisations
Committees (DNMCs) Monitoring Committees
and Subcounty Non-
(SNMCs) the power to take decisions that
Governmental Organisations Monitoring Committeescould affect the
operation the
(SNMCs) ofpower
organisations. The decisions
to take decisions relate theto
that could affect
consideringofapplications
operation for registration
organisations. The decisionsand renewal
relate to of
Permits under
considering Sections 6,for
applications 20 registration
(3) and 21 ofandthe renewal
Act. of
Permits under Sections 6, 20 (3) and 21 of the Act.
It is of paramount importance that the members of the
ItDNMCs, SNMCs,importance
is of paramount membersthat and employees
the members of
of the
organisations
DNMCs, and staff members
SNMCs, of the NGOand Bureau appreciate the
employees of
provisions of the Act and these guidelines have
organisations and staff of the NGO Bureau appreciate thebeen
developed to
provisions of achieve
the Actthat
andobjective.
these guidelines have been
developed to achieve that objective.

--------------------------------- -------------------------------
Hon. Oleny Charles Ojok
--------------------------------- Mr. Okello Stephen
-------------------------------
Hon. Oleny Charles
Chairperson, Ojok
Board of Directors Mr.Executive
Interim Okello Stephen
Director

Chairperson, Board of Directors Interim Executive Director

Non - Governmental Organisations Guidelines 2019 2iv


Non - Governmental Organisations Guidelines 2019 2
THE NON-GOVERNMENTAL ORGANISATIONS
GUIDELINES, 2019
(Under Section 6 (b) and (d) of the Non-Governmental
Organisations Act, 2016)

IN EXERCISE of the powers conferred upon the NGO


Bureau by Section 6 (b) and (d) of the Non –
Governmental Organisations Act, 2016 to formulate,
develop and issue policy guidelines for DNMCs and
SNMCs for the effective and efficient monitoring of the
operations of the organisations; and to formulate and
develop policy guidelines for DNMCs, SNMCs, and
CBOs; these Guidelines are made this 10th day of April,
2019.

PART I- OPERATIONS OF THE DISTRICT AND


SUBCOUNTY NON-GOVERNMENTAL
ORGANISATIONS MONITORING COMMITTEES

1.0 Decision making powers and functions of the NGO


Bureau, DNMCs and SNMCs

The Act has several provisions which give the NGO


Bureau, District Non-Governmental Organisations
Monitoring Committees (DNMCs) and Subcounty Non-
Governmental Organisations Monitoring Committees
(SNMCs) the power to take decisions that could affect the
operation of organisations. The decisions relate to

Non - Governmental Organisations Guidelines 2019 301


consideration of applications for registration and renewal
of permits under Sections 6, 20(3) and 21 of the Act.
This is in addition to powers of the Bureau to discipline,
blacklist or revoke Permits of Organisations under Section
7(1); monitoring of activities of organisations by DNMCs
and SNMCs under Sections 20(4) and 21(3); and powers
of inspection under Section 41 of the Act.

The NGO Bureau, DNMCs and SNMCs should follow


principles of fairness, adherence to due process, respect
for dignity and rights, promotion of activities of NGOs,
developing and promoting civil society in Uganda,
creating an enabling environment for organisations and
respect for the Constitution of Uganda.

This is consistent with Objective (d) of the Act in Section


4, which provides that one of the Objectives of the Act is
to provide for the development of strong organisations and
to facilitate the formation and effective functioning of
organisations for public benefit purposes. This is in
addition to Objective (g) which is to provide an enabling
environment for the organisations sector as well as
Objective (i) which is to promote and develop a charity
culture that is voluntary, non-partisan and relevant to the
needs and aspirations of the people of Uganda.

Non - Governmental Organisations Guidelines 2019 02


4
1.1 The District Non-Governmental Organisations
Monitoring Committee (DNMC)

Section 20 (1) and (2) provide for the establishment and


composition of the DNMC in each district, the DNMC are
established under the basis of the system of Local
Governments which are based on the district as a unit
under Section 3 (1) of the Local Governments Act, Cap
243.

Thus, all lower Local Governments in the district


including the Municipality and Divisions shall fall under
the DNMC of the district in which it is situated.

However, under Section 20 (3) the DNMC may co-opt


technical officers to deal with specific issues thus the
DNMC should be encouraged to usually co-opt technical
officers whenever dealing with matters or cases
originating from a Municipality or Division.

The Act omits the establishment of the Capital City Non-


Governmental Organisations Monitoring Committee,
however under Section 4 of the Local Government Act,
243 read together with Section 78 of the Kampala Capital
City Act, 2011 the provisions of the Local Government
Act may apply and in limited circumstances a city may be
equivalent to a district. Thus, the Kampala Capital City
Authority may exercise the functions of the District Non-

Non - Governmental Organisations Guidelines 2019 503


Governmental Organisations Monitoring Committee
within Kampala.

1.1.1 Functions of the District Non-Governmental


Organisations Monitoring Committee

The functions of the DNMC provided for under Section


20 (4) of the Act include;

a) To consider applications for registration by CBOs;


b) To keep and update the register of CBOs;
c) To monitor and supervise SNMCs;
d) To recommend organisations to the Bureau for
registration;
e) To advise the District Councils on matters of
registration and monitoring of organisations;
f) To monitor and provide information to the Bureau
regarding activities and performance of
organisations in the district;
g) To guide and monitor CBOs in the provision of
- services; and
their
h) To implement policy guidelines for CBOs.

1.2 Subcounty Non-Governmental Organisations


Monitoring Committee

Section 21 provides for the establishment and composition


of the SNMC established at every Subcounty in Uganda.

Non - Governmental Organisations Guidelines 2019 04


6
The functions of the SNMC provided for under Section 21
(3) of the Act include;

a) To recommend CBOs to the DNMC for registration;


b) To advise the DNMC on matters of organisations
and CBOs in the Subcounty;
c) To provide the CBOs in the Subcounty with
guidelines to enable them effectively participate in
the implementation, monitoring and evaluation of
programmes;
d) To monitor and provide information on activities of
the organisations in the Subcounty to the DNMC;
e) To report to the DNMC on matters of the
organisations in the subcounty; and
f) To perform any other function that the Bureau shall
deem necessary for purposes of giving effect to the
NGO Act, 2016.

1.3 Consultations

The DNMC shall in exercise of their functions if faced


with any challenge consult the Bureau on any technical
matter for guidance and all the consultations with the
Bureau shall be in writing and addressed to the Executive
Director of the Bureau.

Non - Governmental Organisations Guidelines 2019 705


PART II – REGISTRATION OF NON –GOVERNMENTAL
ORGANISATIONS

2.0 Requirements for registration and an NGO Permit


to operate for an Indigenous NGO

Indigenous NGO refers to an NGO that is wholly


controlled by Ugandan citizens.
SN REQUIREMENTS
1. Filled Form A and Form D
The application for registration of an organization
shall be signed by at least two Founder members
2. A letter requesting for registration and a Permit to
operate addressed to the Executive Director, NGO
Bureau indicating; objectives, area of operation,
number of years applied for not exceeding 5)
3. A certified or notarized copy of the Certificate of
Incorporation from Uganda Registration Services
Bureau (URSB).
4. Annual Work Plan and budget for the number of
years applied for the Permit
5. A copy of the registered Memorandum and
Articles of Association, organization’s
constitution or governing documents in which
the dissolution clause should inter alia specify;
i). Quorum to pass a resolution for winding up
ii). How organization assets shall be handled
upon winding up

Non - Governmental Organisations Guidelines 2019 806


6. A chart showing the governance structure of the
organization
7. Proof of payment of the prescribed fees for the
Certificate of Registration and the Permit of
Operation
8. A statement indicating the source of funding of the
activities of the organization
9. Copies of valid identification documents (National
ID or Passport) and passport size photographs of
at least two Founder members.
10. A copy of Minutes, Signed Attendance List and
resolution registered with Uganda Registration
Services Bureau authorizing the organization to
register with the NGO Bureau
11. A statement complying with Section 45 of the
NGO Act, 2016 (About staffing of the
organization)
12. A recommendation from the District Non-
Governmental Organizations Monitoring
Committee (DNMC) where the Organization’s
headquarter is located.
13. A recommendation from the responsible Ministry
or Ministries, or a Government Department or
Agency.

FEES:
1. Certificate of Registration – UGX 100,000
2. NGO Permit – UGX 60,000 Per Year

NOTE: (The notes below apply to all types of NGOs)

1. An NGO can apply for the number of years it desires


as long as it does not exceed 5(five) years.

Non - Governmental Organisations Guidelines 2019 907


2. Submission of the application should be made to the
NGO Bureau in hardcopy in a well labeled spring file.
For ease of crosschecking and verification, documents
in the spring file should be arranged according to the
order in this table of requirements.

2.1 Requirements for registration and an NGO Permit


to operate for a Regional NGO.

Regional Organisation means an organisation


incorporated in one or more of the partner States of the
East African Community, and which is partially or wholly
controlled by citizens of one or more of the partner States
of the East African Community, and which is operating in
Uganda under the authority of a Permit issued by the NGO
Bureau.

SN REQUIREMENTS
1 Filled Form A (for Organizations incorporated in
Uganda) or Form N (for Organizations
incorporated outside Uganda but within the East
African Community Partner States) and Form D.
The application for registration of an organization
shall be signed by at least two Founder members
2 A letter requesting for registration and a Permit to
operate addressed to the Executive Director, NGO
Bureau indicating; objectives, area of operation,
number of years applied for not exceeding 5)
3 A certified or notarized copy of the Certificate of
Incorporation from Uganda Registration Services
Bureau (URSB) or equivalent from the country of
Incorporation.

Non - Governmental Organisations Guidelines 2019 1008


4 Annual Work Plan and Budget for the number of
years applied for the Permit
5 A copy of the registered Memorandum and
Articles of Association, organization’s
constitution or governing documents in which
the dissolution clause should inter alia specify;
i). Quorum to pass a resolution for winding up
iiii).How organization assets shall be handled
upon winding up
6 A chart showing the governance structure of the
organization
7 Proof of payment of the prescribed fees for the
Certificate of Registration and the Permit of
Operation
8 A statement indicating the source of funding of the
activities of the organization
9 Copies of valid identification documents (National
ID or Passport) and passport size photographs of
at least two founder members.
10 A copy of Minutes, Signed Attendance List and
resolution registered with Uganda Registration
Services Bureau authorizing the organization to
register with the NGO Bureau
11 A statement complying with Section 45 of the
NGO Act, 2016 (About staffing of the
organization)
12 A recommendation from the District Non-
Governmental Organizations Monitoring
Committee (DNMC) where the Organization’s
headquarter is located.
13 A recommendation from the responsible Ministry
or Ministries, or a Government Department or
Agency.

Non - Governmental Organisations Guidelines 2019 1109


FEES:
1. Certificate of Registration – UGX 100,000.
2. NGO Permit – UGX 60,000 Per Year

2.2 Requirements for registration and an NGO Permit to


operate for a Continental NGO.

A Continental NGO means an organization that has its


original incorporation in any African country outside the
East African Community, and is partially or wholly
controlled by citizens of one or more African countries
other than the partner States of the East African
Community.

SN REQUIREMENTS
1 Filled Form A (for Organizations incorporated in
Uganda) or Form N (for Organizations
incorporated outside the East African Community
Partner States but within Africa) and Form D.
The application for registration of an organization
shall be signed by at least two Founder members
2 A letter requesting for registration and a Permit to
operate addressed to the Executive Director, NGO
Bureau indicating; objectives, area of operation,
number of years applied for not exceeding 5)
3 A certified or notarized copy of the Certificate of
Incorporation from Uganda Registration Services
Bureau (URSB) or equivalent from the Country of
Incorporation.

10
Non - Governmental Organisations Guidelines 2019 12
4 Annual Work Plan and Budget for the number of
years applied for the Permit
5 A certificate of good conduct of each of the
signatories to the resolution or at least two Board
members of the organization.
6 Curriculum Vitae of at least two Board members
of the organization.
7 A certified copy of the organization’s
Constitution, or Charter, or Memorandum and
Articles of Association or any other documents
governing the organisation in which the
dissolution clause should inter alia specify;
i) Quorumtotopass
i)Quorum passaaresolution
resolutionfor
forwinding
windingupupand
and
ii) How organization assets
ii)How organization assets shall be handled upon
winding
winding up up
8 A chart showing the governance structure of the
organization
9 Proof of payment of the prescribed fees for
Certificate of Registration and Permit of Operation
10 A statement indicating the source of funding of the
activities of the organization
11 Copies of valid identification documents (National
ID or Passport) and passport size photographs of
at least two Founder members.
12 A copy of Minutes, Signed Attendance List and
resolution registered with Uganda Registration
Services Bureau authorizing the organization to
register with the NGO Bureau
13 A statement complying with Section 45 of the
NGO Act, 2016 (About staffing of the
organization)
14 A recommendation from the District Non-
Governmental Organizations Monitoring

11
Non - Governmental Organisations Guidelines 2019 13
Committee (DNMC) where the Organization’s
headquarter is located.
15 A recommendation from the line Ministry or
Ministries or Government department or Agency
16 A recommendation from Ministry of Foreign
Affairs of Uganda
17 A recommendation from the Government or
Mission accredited to Uganda

FEES:
1. Certificate of Registration – UGX 260,000
2. NGO Permit – UGX 400,000 Per Year

2.3 Requirements for registration and an NGO Permit to


operate for a Foreign NGO

A Foreign NGO means an organization that does not have


original incorporation in any country, and is partially or
wholly controlled by citizens of other countries, other than
the citizens of the Partner States of the East African
Community, and is operating in Uganda under the
authority of a Permit issued by the NGO Bureau.

SN REQUIREMENTS
1 Filled Form A and Form D
The application for registration of an organization
shall be signed by at least two Founder members
2 A letter requesting for registration and a Permit to
operate addressed to the Executive Director, NGO

Non - Governmental Organisations Guidelines 2019 1412


Bureau indicating; objectives, area of operation,
number of years applied for not exceeding 5)
3 A certified or notarized copy of the Certificate of
Incorporation from Uganda Registration Services
Bureau (URSB).
4 Annual Work Plan and Budget for the number of
years applied for the Permit
5 A copy of the registered Memorandum and
Articles of Association, organization’s
constitution or governing documents in which the
dissolution clause should inter alia specify;
i) Quorum
i). Quorum toto pass
pass a resolution for winding up
ii)
ii)How
How organization
organization assets
assets shall be handled upon
winding up
winding up
6 A chart showing the governance structure of the
organization
7 Proof of payment of the prescribed fees for the
Certificate of Registration and the Permit of
Operation
8 A statement indicating the source of funding of the
activities of the organization
9 Copies of valid identification documents (National
ID or Passport) and passport size photographs of
at least two Founder
founder members.
10 A copy of Minutes, Signed Attendance List and
resolution registered with Uganda Registration
Services Bureau authorizing the organization to
register with the NGO Bureau
11 A statement complying with Section 45 of the
NGO Act, 2016 (About staffing of the
organization)
12 A recommendation from the District Non-
Governmental Organizations Monitoring

Non - Governmental Organisations Guidelines 2019 1513


Committee (DNMC) where the Organization’s
headquarter is located.
13 A recommendation from the responsible Ministry
or Ministries, or a Government Department or
Agency.

FEES:
1. Certificate of Registration – UGX 520,000
2. NGO Permit – UGX 400,000 Per Year

2.4 Requirements for registration and an NGO Permit


to operate for an International NGO

International Organisation means an organisation that has


its original incorporation in a country, other than a partner
State of the East African Community and is partially or
wholly controlled by citizens of one or more countries,
other than the citizens of the partner States of the East
African Community, and is operating in Uganda under the
authority of a Permit issued by the NGO Bureau.

SN REQUIREMENTS
1 Filled Form A (for Organizations incorporated in
Uganda) or Form N (for Organizations
incorporated outside Africa) and Form D.
The application for registration of an organization
shall be signed by at least two Founder members
2 A letter requesting for registration and a Permit to
operate addressed to the Executive Director, NGO
Bureau indicating; objectives, area of operation,
number of years applied for not exceeding 5)

14
Non - Governmental Organisations Guidelines 2019 16
3 A certified or notarized copy of the Certificate of
Incorporation from Uganda Registration Services
Bureau (URSB) or equivalent from the Country of
Incorporation.
4 Annual Work Plan and Budget for the number of
years applied for the Permit
5 A certificate of good conduct of each of the
signatories to the resolution or at least two Board
members of the organization.
6 Curriculum Vitae of at least two Board members
of the organization.
7 A certified copy of the organization’s
Constitution, or Charter, or Memorandum and
Articles of Association or any other documents
governing the organisation in which the
dissolution clause should inter alia specify;
i) Quorumtotopass
i)Quorum passaaresolution
resolutionfor
forwinding
windingupupand
ii) How organization assets shall be handled upon
ii)How
winding
winding upup
8 A chart showing the governance structure of the
organization
9 Proof of payment of the prescribed fees for
Certificate of Registration and Permit of Operation
10 A statement indicating the source of funding of the
activities of the organization
11 Copies of valid identification documents (National
ID or Passport) and passport size photographs of
at least two Founder members.
12 A copy of Minutes, Signed Attendance List and
resolution registered with Uganda Registration
Services Bureau authorizing the organization to
register with the NGO Bureau

15
Non - Governmental Organisations Guidelines 2019 17
13 A statement complying with Section 45 of the
NGO Act, 2016 (About staffing of the
organization)
14 A recommendation from the District Non-
Governmental Organizations Monitoring
Committee (DNMC) where the Organization’s
headquarter is located.
15 A recommendation from the line Ministry or
Ministries or Government department or Agency
16 A recommendation from Ministry of Foreign
Affairs of Uganda
17 A recommendation from the Government or
Mission accredited to Uganda

FEES:
1. Certificate of Registration – UGX 800,000
2. NGO Permit – UGX 400,000 Per Year

2.5 Refusal to register Non-Governmental Organization

Section 30 of the Act provides that;

(1) An organisation shall not be registered under the Act;


(a) Where the objectives of the organisation as
specified in its constitution are in contravention of
the laws of Uganda;
(b) Where the application for registration does not
comply with the requirements of this Act;
(c) Where the applicant has given false or misleading
information in any material particular.

16
Non - Governmental Organisations Guidelines 2019 18
(2) Where the Bureau refuses to register an organisation
under Subsection (1), the Bureau shall inform the
applicant in writing of the reasons for the refusal
within thirty days.

One of the grounds provided for in the Act for refusal to


register an organisation is if the objectives of such
organisation, as specified in its Constitution, are in
contravention of the laws of Uganda (Section 30(1) (a)).
This provision, can only be invoked if the objectives of the
organisation intending to register expressly are contrary to
the provisions of an Act of Parliament having force of law
in Uganda.

Subsection (2) of Section 30 of the Act requires the Bureau


to give reasons for refusal to register an organisation.
Should the Bureau rely on Section 30(1) (a) of the Act to
refuse to register an organisation then the Bureau should
expressly cite the law which the objectives of the
organisation violate. Where practicable the opinion of the
Bureau on the legality of the objectives of the organisation
may be backed by legal advice of the Attorney General in
accordance with article 119 of the Constitution.

2.6 Registration requirements of a Community Based


Organisation

Sections 20(d) of the Act, Regulations 15 of the Non-


Governmental Organisations Regulations, 2017 provide

17
Non - Governmental Organisations Guidelines 2019 19
for the requirements for registration of a Community
Based Organisation to include the following;
(a) A copy of the constitution of the Community Based
Organisation to be registered;
(b) A recommendation from the Subcounty Non-
Governmental Organisations Monitoring
Committee;
(c) A work Plan and Budget or Strategic Plan of the
Community Based Organisation and
(d) Proof of payment of the prescribed fees.
(e) Filled out Form K.

The District Non-Governmental Organisations


Monitoring Committee shall consider the application and
issue a Certificate of Registration and a Permit to the
Community Based Organisation. Subcounty Non-
Governmental Organisations Monitoring Committees
have no power to register a Community Based
Organisation, it only recommends a CBO by an ordinary
letter for registration.

All Certificates of Registration and Permits to Community


Based Organisations shall be printed by the NGO Bureau
and forwarded back to DNMC for signature and
Certificates of Registration do not expire and shall be
issued once.

18
Non - Governmental Organisations Guidelines 2019 20
However, all organisations must possess a valid Permit
issued by the NGO Bureau or the DNMC for the
Community Based Organisation.
Organisations are required not to operate without a valid
Permit.

2.7 Refusal to register a Community Based Organisation

The District Non-Governmental Organisation Monitoring


Committee may refuse to register a Community Based
Organisation where;

(a) The objectives of the Community Based


Organisation as specified in its constitution are in
contravention of the laws of Uganda;
(b) The application for registration does not comply
with the requirements of the Act;
(c) The applicant has given false or misleading
information in any material particular;
(d) The proposed name of the Community Based
Organisation is similar to that of an existing
organisation or any entity operating within the
district; or
(e) The proposed name of Community Based
Organisation is confusing or undesirable.

19
Non - Governmental Organisations Guidelines 2019 21
2.8 Self-regulatory bodies

Two or more organisations may form a self-regulating


body which is a body set up by registered organisations
that have come together and agreed that the body exercises
some degree of regulatory authority over them upon
consenting or resolving that they would abide by a set code
of conduct, rules and procedures.
The self-regulatory body must be registered by the NGO
Bureau and issued with Certificate of Registration.

2.9 Fees payable at registration

All applications must be supported with proof of payment


of the required fees and payments shall be made in the
Bank on the account of Uganda Revenue Authority

Non - Governmental Organisations Guidelines 2019 2220


FEES SCHEDULE
Fee (UGX)
1. The application fees for registration of 100,000
an Indigenous organisation.
2. The application fees for registration of 520,000
a Foreign organisation.
3. The application fees for registration of 260,000
a Continental organisation.
4. The application fees for registration of 100,000
a Regional organisation.
5. The application fees for registration of 800,000
an International Organisation.
6. Fees for issuance and renewal of a 60,000
Permit of Indigenous Organisation or
Community Based Organisation or
Regional organisation every year.
7. Fees for issuance and renewal of a 400,000
Permit of Continental Organisation or
Foreign organisation or International
organisation every year.
8. Fees for registration of Community 40,000
Based Organisation

Non - Governmental Organisations Guidelines 2019 21


23
PART III- STATUTORY AND LEGAL REQUIREMENTS
FOR COMPLIANCE

3.0 Filing of Annual Returns of Organisations

An organisation other than a Community Based


Organisation is required to submit to the Bureau Annual
Returns at least once in every twelve months. These
Annual Returns are to be filed in Form R upon payment of
UGX 50,000/=.

The Annual Returns of an organisation other than


Community Based Organisation submitted to the Bureau
are accompanied by;

(a) Proof of payment of the prescribed fees;


(b) A copy of audited books of accounts;
(c) A copy of an annual report; and
(d) Minutes of the General Assembly or Governing
body.

For Community Based Organisations Annual Returns are


submitted to the Subcounty Non-Governmental
Organisations Monitoring Committee at least once in
every twelve months, filled in form S after paying a filing
fee of UGX 40,000/=

The Annual Returns of a Community Based Organisation


submitted to the Subcounty Non-Governmental

Non - Governmental Organisations Guidelines 2019 2422


Organisations Monitoring Committee are accompanied
by;
(a) Financial report;
(b) A copy for annual report; and
(c) Minutes of the General Assembly or governing
body.

The Subcounty Non-Governmental Organisations


Monitoring Committee shall forward all the Annual
Returns filed to the District Non- Governmental
Organisations Monitoring Committee with the original
receipts of payment.

3.1 Furnishing of information

Every organisation shall at least once in every twelve


months, declare and submit to the Bureau the;
(a) Source of funds;
(b) Funds received; and
(c) Estimates of income and expenditure.

Then an organisation operating in a district is required to


at least once in every calendar year declare and submit to
the District Technical Planning Committee their Annual
Budgets and Work Plans.

3.2 Approval to operate in a District

Every organisation before operating its activities in a


district shall seek approval to operate in a district from the

Non - Governmental Organisations Guidelines 2019 23


25
District Non-Governmental Organisations Monitoring
Committee and Local Government of that district.

3.3 Memorandum of understanding with Local


Government

Every organisation operating within the Local


Government shall sign a Memorandum of Understanding
with the organisation to carry out its activities in the
district. The Memorandum of Understanding required
under the Act and the Regulations may not require the
approval of the Attorney General as envisaged under
Article 119 of the Constitution.

The Constitution (Exemption of Particular Contracts from


Attorney General’s Legal Advice) (Amendment)
Instrument, 2014 provides that “An agreement or
contract involving an amount of two hundred million
shillings or less is exempted from the application of
article 119(5) of the Constitution.” Most of these
Memoranda of Understanding do not impose any financial
obligations on Districts but they are merely operational.

3.4 Valid Permit

For an organisation to operate in Uganda, It must have a


valid Permit issued by the Bureau and in the case of a
Community Based Organisation the Permit is issued by
the DNMC.

Non - Governmental Organisations Guidelines 2019 24


26
3.5 Special Obligations

Every organisation shall;

(a) Not carry out activities in any part of the country,


unless it has received the approval of the DNMC
and Local Government of that area and has signed
a Memorandum of Understanding with the Local
Government to that effect;
(b) Not extend its operations to any new area beyond
the area it is permitted to operate unless it has
received approval from the Bureau through the
DNMC of that area;
(c) Co-operate with Local Councils in the area of its
operation and relevant DNMC and SNMC;
(d) Not engage in any act which is prejudicial to the
security and laws of Uganda;
(e) restrict its operations to the area of Uganda in
respect of which it is permitted to operate;
(f) Not engage in any act, which is prejudicial to the
interests of Uganda and the dignity of the people
of Uganda;
(g) Be non-partisan and shall not engage in
fundraising or campaigning to support or oppose
any political party or candidate for an appointive
office or elective political office, nor may it
propose or register a candidate for elective political

Non - Governmental Organisations Guidelines 2019 25


27
office; and have a Memorandum of Understanding
with its donors, sponsors, affiliates, local and
foreigner partners, if any, specifying the terms and
conditions of ownership, employment, resources
mobilised for the organisation and any other
relevant matter.

Section 44(d) and (f) provide that an organisation shall:

i). Not engage in any act which is prejudicial to the


security and laws of Uganda;
ii). Not engage in any act, which is prejudicial to the
interests of Uganda and the dignity of the people
of Uganda

The words “prejudicial to the security and laws of


Uganda” or “prejudicial to the interests of Uganda and
the dignity of the people of Uganda” are not foreign to our
legal and drafting systems. The Bureau should interpret
the said phrases in consonance with articles 24 and 43 of
the Constitution. The phrase “interests of Uganda” should
be ascribed the same meaning as accorded to “the public
interest” in Article 43 of the Constitution.

Where the Bureau is in doubt as to the interpretation of


Section 44(d) and (f) depending on the facts of the case,
Regulation 44 of the Non-Governmental Organisations
2017 requires the Bureau in the performance of its
functions, to cooperate with other Ministries, Departments

Non - Governmental Organisations Guidelines 2019 26


28
or Agencies of Government. Thus, Government
Departments responsible for security or the Attorney
General may be consulted for technical advice to the
Bureau.

3.6 Cooperation and furnishing of information to the


Bureau

Every organisation is obliged to cooperate and provide the


relevant information to the Bureau if requested for in
writing for purposes of ensuring compliance with the Act
and the Regulations.

3.7 Staffing of Organizations

An organisation shall comply with the following in respect


to staffing;

a) At the time of applying for registration, submit to the


Bureau a chart showing its organisational structure as
stipulated in its constitution accompanied by a
statement;
i). Specifying its foreign staff requirements where
necessary;
ii). Indicating its requirements of Ugandan
counterparts of the foreign employees; and
iii). Indicating the period for the replacement of its
foreign employees with qualified Ugandans;

Non - Governmental Organisations Guidelines 2019 27


29
b) Comply with any written law in Uganda relating to
labour and employment services;

c) Shall not employ a person who is not a citizen of


Uganda unless that person has, before proceeding to
Uganda for the purposes of the employment by the
organisation, submitted to the Ugandan diplomatic
mission in his or her country of origin for
transmission to the Government of Uganda for
consideration, for his or her suitability for the
employment;

i). Certified details of his or her certificates,


credentials and recommendations of his or her
academic and professional qualifications and
proven work experience; and
ii). A certificate of clearance of no criminal record
from his or her country of origin;

d) Ensure that any remuneration including salaries,


allowances, fringe benefits and other terms and
conditions of service of the Ugandan employees of
the organisation are reasonably comparable to those
for the time being prevailing in the employment
market in Uganda or reasonably comparable to those
of their foreign counterparts.

Non - Governmental Organisations Guidelines 2019 28


30
Na
tional Bu

ea
r

u f s
or NGO

National Bureau for NGOs


Ministry of Internal Affairs
Plot 31A-35A, 37A-39A, Nile Avenue, Kingdom Kampala
P.O. Box 24216, Kampala - Uganda, Tel: +256 313 287 300 /8
Web: www.ngobureau.go.ug, Email: info@ngobureau.go.ug

Co-Funded by;

EUROPEAN UNION

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