PARLIAMENT LI EiIAITT
P(J LJrtt ltiS AA MPar*A
I * 1 5 JUL 20il *
* ACC NO.
w CALL NO
TIIB REPI.JBLIC OF UGANDA
THE ESTATES OF MISSING PERSONS
(MANAGEMENT) (AMENDMENT) ACT, 2021.
TEB RPLTBLIC OF UGAI.IDA
I srcNlnv my assent to the bill.
President
PARLI AMENT I-) f]iiARI'
Po A(11/1/B hAfu,tpALA
* 15 JUL 20:t *
ACC NO:
CALL NO
Date of assent: . ts1" f ar?r,
THE ESTAIES OF MISSING PERSONS (MANAGEMENT)
(AMENDMENT\ ACT,202I
ARRANGEMENT OF SECTIONS
Section
1. Amendment of section I of the Estates of Missing Persons
(Management)Act
2. Amendment of section 3 of principal Act
3. Amendment of section 7 of principal Act
4. Replacement of section 9 of principal Act
Estates of Missing Persons (Management)
Act (Amendment), Act 2021
PARLIAMENT LIERART
p() r,.,/;i,rl KAMpALA
* t 5 JUL 20ll *
ACC NO:
CALL NO
TIIB REPIJBLIC OF I,JGANDA
THE ESTATES OF MISSING PERSONS (MANAGEMENT)
(AMENDMENT) ACT,202L
An Act to amend the Estates of Missing Persons (Management)
Act, Cap. 159; to align the age of children in theAct to the age in the
Constitution of the Republic of Uganda; to provide for the rights
of children with disabilities and to revise the monetary jurisdiction
of the Magistrates courts to conform to the Magistrates Courts
Act, Cap. 16.
Dars or Asspvr
Date of Commencement
BE IT ENACTED by Parliament as follows:
1. Amendment of section 1 of the Estates of Missing Persons
(Management) Act
The Estates of Missing Persons (Management) Act, in this Act referred
to as the principal Act, is amended in section I by-
Estates of Missing Persons (Management)
Act (Amendment), Act 2021
(a) inserting a new paragraph immediately after paragraph (l)
(a) the following-
"Currency Poinf' has the value assigned to it in the
Schedule to this Act;"
(b) substituting for the words "or daughter of or above eighteen
years of age" appearing in subsection (l) (b) (i), the words
"a son or daughter above eighteen years ofage but below
twenty five years of age, where he or she is still in school
and is not married and a son or daughter with a disability";
(c) substituting the words "twent5/-one years" appearing in
subsection (2) with the words "eighteen years"; and
(d) inserting immediately after subsection (2) the
following-
"(3) Notwithstanding subsection (2), court shall
have the discretion to determine whether a person who
is otherwise qualified to administer an estate urder the
subsection, is fit and proper to do so and court may refuse
to grant an order for the management of an estate of a
missing person, where an applicant is not suitable."
2. Amendment of section 3 of principal Act
The principal Act is amended in section 3 by-
(a) repealing subsection (l) (a);
(b) substituting for the words "exceeds ten thousand shillings
but does not exceed fifty thousand shillings" appearing
in subsection (l) (b), the words "does not exceed one
thousand currency points";
Estates of Missing Persons (Management)
Act (Amendment), Act 2021
(c) substituting for the words "exceeds fifty thousand shillings
but does not exceed one hundred thousand shillings"
appearing in subsection (1) (c), the words "does not exceed
two thousand five hundred crrrency points"; and
(d) by substituting for paragraph (lxd) the following-
"(d) the High Court, where the value of the estate exceeds
the values prescribed in paragraph (b) and (c),"
3. Amendment of section 7 of principalAct
Section 7 of the principal Act is amended by inserting immediately
after subsection (2) the following-
"(2a) For the purpose of this Act, an order for the
management of an estate of amissing person shall not be granted
to any person under the age of eighteen years."
4. Replacement of section 9 of principal Act
The principal Act is amended by substituting for section 9, the
following-
"9. Intermeddling with property of a missing person
(1) "A person who intermeddles with the estate of a
missing person commits an offence and is liable, on conviction,
to a fine not exceeding one thousand crurency points or
imprisonment not exceeding ten years, or both.
(2) A person is taken to intermeddle in the estate of a
missing person where thatperson, while notbeingthe manager-
(a) takes possession or disposes of a missing person's
property;
Estates of Missing Persons (Management)
Act (Amendment), Act 2021
(b) unlawfully refuses or neglects to deliver to the
manager any properff in his or her possession
belonging to the estate of the missing person; or
(c)does any other act which belongs to the office of the
manager.
(3) Subsection (l)
shall not apply in cases where the
intermeddling is by a spouse or lineal descendant of the missing
person and it happens before the grant ofan order turder section
7 of this Act, in circumstances prescribed in subsection (4).
(4)The circumstances referred to in subsection (3) are
where the intermeddling is for the purpose of-
(a) preserving the estate of a missing person;
(b) providing for the welfare of the missing person's
lineal descendants;
(c) providing immediate necessities of the missing
person's family;
(d) preserving and prudent management of the missing
person's business, including preserving the missing
person's goods of trade; or
(e) receiving money or other funds belonging to the
missing person.
(5) The duration for which a person referred to in
subsection (3) may intermeddle in the estate of a missing person
is six months from the date the person is presumed to be missing
or until the grant of an order under section 7, whichever occurs
first.
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Estates of Missing Persons (Management)
Act (Amendment), Act 2021
(6) A person intermeddling with the estate of a missing
person pursuant to subsection (3) shall forthwith report
particulars of the property and steps taken to the manager or
Administrator General or its agent.
(7) A person who has reason to believe that the person
intermeddling in the estate of a missing person pursuant to
subsection (4) has caused loss or damage to the estate or that
there are reasonable grounds for ending the intermeddling may
apply to the Administrator General or his or her agent for redress.
(8) Aperson who intermeddles in the estate of a missing
person pursuant to subsection (3) shall be personally liable for
any loss occasioned to the estate arising from the intermeddling
and shall make good the loss caused to the estate.
(9) Aperson who intermeddles in the estate of a missing
person beyond the time prescribed in subsection (5) commits
an offence and is liable to a fine not exceeding one thousand
crrrency points or imprisonment not exceeding ten years, or
both."
a
Estates of Missing Persons (Management)
Act (Amendment), Act 2021
SCTMDULE
Section l
Currency point
A currency point is equivalent to twenty thousand shillings.
1
'lF
,9,
WBE{.ET,IEOf TJGAI{DA
This printed impression has been carefully
compared by me with the bill which was
passed by Parliament and found by me to be a
tue copy of the bill.
Clerk to iament
Date of authenticatior, frb./.:.A lg:U
