Uganda Act or statute

Parliament of Uganda

National Agricultural Research Act, 2005

Jurisdiction: Uganda
Status: Repealed
Citation: Act 19 of 2005
Dates: As at 21 Nov 2005

More statute details

Dates: As at 21 Nov 2005

Source attribution: Source: Uganda Legal Information Institute

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“The Act may be cited as the National Agricultural Research Act, 2005.”

The Act may be cited as the National Agricultural Research Act, 2005. Contains definitions of terms used in the Act (e.g. "adaptive research", "agriculture", "agricultural research", "council", "Minister", "Fund", "organisation", and others). The purpose of this Act is to create an integrated, market‑responsive agricultural research system in Uganda that facilitates sustainable economic, social and environmental benefits, promotes private‑sector and other stakeholder involvement, and provides mechanisms for financing, contracting, coordination, linkages and sustainable institutional arrangements for agricultural research. Sets the objects of agricultural research in Uganda: to transform agricultural production into a modern science-based, market-oriented agriculture for greater efficiency, profitability and sustained sector growth while contributing to poverty eradication; to promote agriculture and related industry to improve quality of life and livelihoods with regard to environmental protection; and to support development and implementation of national policy with relevant information and knowledge. A person shall not be appointed a member of the council if they are an undischarged bankrupt, have made arrangements with creditors, are incapacitated by mental or physical illness rendering them incapable of the office, or have been convicted of an offence involving moral turpitude.

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Preliminary - Citation

The Act may be cited as the National Agricultural Research Act, 2005.

Section 1

Institutional arrangements - Establishment of the national agricultural research organisation

Section 5

Establishment of public agricultural research institutes - Composition of management committee of a public agricultural research institute

Sets composition of a public agricultural research institute's management committee, requires committee members to recommend a chair to the council, and requires the council to appoint members; the Minister may alter committee compositi…

Section 32

Finance - Books of account

Section 47

Miscellaneous - Repeal and savings, Cap 205

The National Agricultural Research Organisation Act is repealed and the organisation established under it is dissolved; licences, authorisations and compatible statutory instruments under the repealed Act may continue in effect under this Act until revoked or…

Section 62

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Source record from ulii.org · As at 21 Nov 2005

Repealed

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Showing 62 of 62 provisions

Provision 49Offence 7Repeal 2Commencement 2

Part I

Preliminary

§ 1Preliminary - CitationProvision

The Act may be cited as the National Agricultural Research Act, 2005.

Section Citation Section This Act may be cited as the National Agricultural Research Act, 2005.

Section 1Verify source

§ 2Preliminary - InterpretationInterpretation

Contains definitions of terms used in the Act (e.g. "adaptive research", "agriculture", "agricultural research", "council", "Minister", "Fund", "organisation", and others).

Section Interpretation Section In this Act, unless the context otherwise requires— “ adaptive research ” means research designed to solve a specific problem for a specific decision maker or research designed to adjust a technology to specific environmental conditions, including the selecting or customising of technologies, processes, or knowledge to suit the needs of users in a specific location; “ agriculture ” means the management and utilisation of natural resources to produce food, drink, fibre, wood and other products; “ agricultural ” means the various kinds of activities and jobs or work connected, associated or based on agriculture ; “ agriculturalist ” means a person involved in the profession dedicated to the harnessing of plants and animals for food, drink, fibre, wood and other products and educating people how to do it for human use; “ agricultural product ” means any plant or animal product or such other product as may be declared to be an agricultural product by the Minister for the purposes of this Act; “ agricultural research ” means the furtherance, accumulation and improvement of knowledge in the agricultural and related sciences through original and other investigations and methods of a scientific or indigenous nature into the production, treatment or handling of an agricultural product , including research required for a better understanding of the process involved in or the environment necessary for the production of an agricultural product with the advancement of agriculture as its object; “ agricultural research service provider ” means any person whether in the public or private sector who conducts or manages agricultural research in accordance with this Act; and includes a public agricultural research institute , universities, tertiary institutions, farmers groups, civil society organisations, private sector organisations and any other entity as may be determined by the council ; “ applied research ” means research on a subject with a broad range of problems facing a society as a whole or research that creates new technologies; “ basic research ” means research designed to improve a discipline and advance the frontiers of knowledge or research that creates new scientific knowledge and may consist of research to develop or improve theories, techniques or measurements with known or unknown relevance; “ chairperson ” means the chairperson of the council appointed und section 9 ; “ currency point ” has the value given to it in the First Schedule to this Act; “ council ” means the governing body of the National Agricultural Research Organisation; “ development ” means the activities by which knowledge acquired through research is scaled-up and utilised; “ director general ” means the director general appointed under section 15 ; “ farmer ” means a person who gathers or raises plants, livestock, poultry and fish as food, drink, wood, fibre and other products for human use; “ farmers’ fora ” means institutions comprising of democratically elected representatives from farmers’ groups at the sub-county, district or national level; “ farmers’ organisations ” means organisations recognised by the council and are formed by those engaged in either production or processing or marketing of a specific agricultural commodity; “ farmer groups ” means groups constituted by farmers who have common agricultural interests and is recognised by the council ; “ Fund ” means the Fund established under section 41 ; “ industry ” means any enterprise involved in the processing of agricultural products in such fields as shall be approved in accordance with this Act; “ innovative agricultural research ” means agricultural research that may not be considered immediately relevant but which may open up opportunities for the future and is funded under the innovative fund; “ invention ” includes the development , in whatever way, of new animal breeds, plant cultivars and other organisms living or non-living; “ management committee ” means the management committee of a public agricultural research institute ; “ Minister ” means the Minister to whom the President has assigned responsibility for agricultural research ; “ NAADS ” means the National Agricultural Advisory Services established by the National Agricultural Advisory Services Act, 2001; “ national agricultural research system ” means a cross section of stakeholders whether in public or private sector; and comprises of the organisation , public agricultural research institutes, universities and other tertiary institutions, farmer groups , civil society organisation , private sector and any other entity engaged in the provision of agricultural research services; “ national strategic research ” means research responding to national research questions or priorities and identifying the processes, principles and technological elements required for successful adaptation of technologies and increasing the efficiency of applied and adaptive research ; “ organisation ” means the National Agricultural Research Organisation established under section 5 ; “ private agricultural research ” means research that focuses largely on technological innovations that enable inventors, agricultural research service providers, private firms and others to capture all or some of the economic benefits generated by their innovation; “ public agricultural research ” means research that focuses on public interests and research outputs of public goods nature; “ public agricultural research institute ” means a public agricultural research institute established under section 28 ; “ research of national strategic interest ” means agricultural research that Uganda cannot rely on third parties to conduct; “ technology transfer ” means the transfer of knowledge, techniques and processes for their application; and “ zonal agricultural research and development institute ” means a zonal agricultural research and development institute established under section 28 .

Section 2Verify source

§ 3Preliminary - Purpose of this ActProvision

The purpose of this Act is to create an integrated, market‑responsive agricultural research system in Uganda that facilitates sustainable economic, social and environmental benefits, promotes private‑sector and other stakeholder involvement, and provides mechanisms for financing, contracting, coordination, linkages and sustainable institutional arrangements for agricultural research.

Section Purpose of this Act Section The purpose of this Act is to— create an integrated agricultural research system that will facilitate the achievement of sustainable increases in economic, social and environmental benefits from agricultural research services and products by all the people of Uganda; provide for a market-responsive and client oriented national agricultural research system that generates knowledge and information, and disseminates demand driven problem solving, profitable and environmentally sound technologies on a sustainable basis; create options for financing and delivery of agricultural research services appropriate for the different categories of farmers and market needs of Uganda; facilitate the involvement of the private sector, universities, the civil society and others in the governance, financing, management and conduct of agricultural research ; provide innovative mechanisms for allocation and execution of agricultural research contracts including devolution of responsibilities for contracting of agricultural research to client-led organs and the provision of agricultural research services to the most competent agricultural research service providers; provide for the continued public sector participation in the governance, financing, management and conduct of agricultural research ; provide for coordination of implementation of agricultural research activities either singly or jointly, with one or more agricultural research service providers; promote linkages, partnerships and collaboration among various categories of agricultural research service providers whether public, private, local, regional or international in the conduct, financing and development of agricultural research in Uganda; and provide for sustainable institutional arrangements for the governance, financing, management and conduct of agricultural research in Uganda.

Section 3Verify source

§ 4Preliminary - Objects of agricultural researchProvision

Sets the objects of agricultural research in Uganda: to transform agricultural production into a modern science-based, market-oriented agriculture for greater efficiency, profitability and sustained sector growth while contributing to poverty eradication; to promote agriculture and related industry to improve quality of life and livelihoods with regard to environmental protection; and to support development and implementation of national policy with relevant information and knowledge.

Section Objects of agricultural research Section The objects of agricultural research in Uganda are to— transform agricultural production into a modem science-based market oriented agriculture capable of greater efficiency, profitability and of sustaining growth in the agricultural sector while contributing to poverty eradication; promote agriculture and related industry for the purposes of contributing to the improvement of the quality of life and livelihoods of the people, having regard to the protection of the environment; and support the development and implementation of national policy with relevant information and knowledge.

Section 4Verify source

Part II

Institutional arrangements

§ 10Institutional arrangements - Disqualification from appointment as member of the councilOffence

A person shall not be appointed a member of the council if they are an undischarged bankrupt, have made arrangements with creditors, are incapacitated by mental or physical illness rendering them incapable of the office, or have been convicted of an offence involving moral turpitude.

Section Disqualification from appointment as member of the council Section A person shall not be appointed member of the council who— is an undischarged bankrupt or who has made any assignment or arrangement with his or her creditors; or is incapacitated by mental or physical illness that renders him or her incapable of performing the function of the office; or is a person convicted of an offence of a moral turpitude.

Section 10Verify source

§ 11Institutional arrangements - Tenure of office of council membersOffence

The Minister may remove council members (except the director general); council members (except the director general) serve three-year terms and may resign by letter; specified grounds for removal are listed including infirmity, misconduct, incompetence, vote of no confidence, absence for more than four consecutive meetings, bankruptcy, or conviction with maximum penalty over six months.

Section Tenure of office of council members Section The Minister may, at any time, remove a member of the council , except the director general , from office— A member of the council , other than the director general , shall hold office for three years and is eligible for re-appointment for one more term. A member of the council may, at any time, resign his or her office by letter addressed to the Minister . for inability to perform the functions of his or her office arising from infirmity of body or mind; for misbehaviour or misconduct; for incompetence; if a vote of no confidence is passed against a member of the council by the body that nominated him or her to the council ; absence without prior permission of the chairperson for more than four consecutive meetings of the council ; bankruptcy or insolvency; or conviction of a criminal offence, in Uganda or elsewhere, in respect of which the maximum penalty exceeds six months imprisonment.

Section 11Verify source

§ 12Institutional arrangements - Remuneration of council membersProvision

The chairperson and members of the council are entitled to be paid remuneration determined by the Minister in consultation with the Minister responsible for public service.

Section Remuneration of council members Section The chairperson and members of the council shall be paid such remuneration as the Minister may in consultation with the Minister responsible for public service determine in relation to that matter.

Section 12Verify source

§ 13Institutional arrangements - Meetings of the members of the councilProvision

The Second Schedule to this Act applies to meetings of the members of the council and other matters provided for in that Schedule.

Section Meetings of the members of the council Section The Second Schedule to this Act shall apply to meetings of the members of the council and other matters provided for in that Schedule.

Section 13Verify source

§ 14Institutional arrangements - Functions of the councilProvision

The council must carry out specified functions including formulating policies, ensuring the organisation's objects are carried out, managing affairs, approving plans and budgets, setting terms of service with Ministerial approval, appointing and disciplining staff, appointing directors and research scientists with management committee participation, and performing other functions as directed by the Minister.

Section Functions of the council Section The council shall, subject to the provisions of this Act, carry-out the following functions— formulate the policies and strategies of the organisation ; ensure that the objects and functions of the organisation are carried out; manage the property, business, income, funds and other affairs of the organisation ; set targets and approve work plans and budgets for the organisation ; establish with the approval of the Minister the terms and conditions of service and approve rules and procedures for appointment, termination and discipline of staff of the organisation ’s secretariat and employees of public agricultural research institutes; appoint and discipline members of staff of the organisation ’s secretariat; appoint the directors and research scientists of the public agricultural research institutes, but in exercising this function, the council shall ensure full participation of the management committee of the respective public agricultural research institute in the entire process and the interviewing panel for this purpose shall be constituted in accordance with the fifth schedule; and perform any other functions relating to the above as the Minister may direct.

Section 14Verify source

§ 15Institutional arrangements - Secretariat and staff of organisationProvision

The organisation must have a secretariat responsible for day-to-day operations; the secretariat is to be headed by a director general appointed by the Minister on the council's recommendation; the director general must meet specified qualifications, serve four years, and may be re-appointed for one further term.

Section Secretariat and staff of organisation Section The organisation shall have a secretariat which shall be responsible for the day to day operations of the organisation . The secretariat shall be headed by the director general who shall be appointed by the Minister on the recommendation of the council on such terms and conditions to be specified in the instrument of appointment. The director general shall be a person with a minimum qualification of a masters degree with proven experience in public or private sector management and administration, and with relevant experience in agricultural research . The director general shall hold office for four years and is eligible for re-appointment for one further term.

Section 15Verify source

§ 16Institutional arrangements - Functions of director generalProvision

The director general must manage the secretariat as chief executive: handling day-to-day operations and administration; tendering advice to the council; coordinating and implementing policies, programmes and activities and reporting to the council; managing funds, property and affairs of the organisation; coordinating and monitoring agricultural research and related contracts; managing and controlling the secretariat staff; developing operating and management plans and strategies; creating an efficient internal management structure; performing other duties assigned by the council or under this Act; and is answerable to the council.

Section Functions of director general Section Subject to this Act and to the general supervision and control of the council the director general is responsible for— The director general is the chief executive of the secretariat and is responsible for the day-to-day operations and administration of the secretariat. tendering advice to the council ; coordinating and implementing policies, programmes and activities of the organisation and reporting on them to the council ; the proper management of the funds, property and affairs of the organisation ; managing the various funds created by this Act; coordinating and monitoring of agricultural research programmes and the award of contracts given under the Agricultural Research Trust Fund established under this Act and any other agricultural research activities contracted directly by the organisation ; the management and control of the staff of the organisation ’s secretariat; the development of an operating plan and strategies to guide the organisation in achieving its objectives; the development of management plans and strategies for utilisation in agricultural research ; the development of an efficient and cost effective internal management structure; and performing any other duty that may be assigned to him or her by the council or under this Act. The director general , in the performance of his or her functions, is answerable to the council .

Section 16Verify source

§ 17Institutional arrangements - Vacation of office by the director generalOffence

The director general must cease to hold office if removed by the council, resigns, becomes bankrupt or insolvent or arranges with creditors, is convicted of an offence involving dishonesty/fraud/moral turpitude, becomes unable to perform duties due to infirmity of body or mind, or on grounds of misbehaviour, misconduct or incompetence.

Section Vacation of office by the director general Section The director general shall cease to hold office if— he or she is removed from office by the members of the council for— he or she resigns; he or she is declared or becomes bankrupt, insolvent or has made an arrangement with his or her creditors; he or she is convicted of an offence involving dishonesty, fraud or moral turpitude; inability to perform the functions of his or her office arising from infirmity of body or mind; or misbehaviour or misconduct; or incompetence.

Section 17Verify source

§ 18Institutional arrangements - Other staffProvision

The organisation must engage necessary officers and employees; those appointed shall hold office on terms the council may determine; the organisation may provide payments and may require contributions to pension schemes.

Section Other staff Section The organisation shall engage such other officers and employees as may be necessary for the proper and efficient discharge of its objects and functions. The officers and employees appointed under this section shall hold office on terms and conditions that the council may determine. Without prejudice to the generality of subsection (2), the organisation may provide for the payment to its officers and employees of salaries, allowances, pension, gratuities or other retirement benefits and may require them to contribute to any pension, provident fund or superannuation scheme.

Section 18Verify source

§ 19Institutional arrangements - Committees of the councilProvision

The council may appoint committees and delegate functions to them; appointed committees must have a chairperson who is a council member and four other persons; the council must prescribe committee procedure.

Section Committees of the council Section The council may appoint such committees as it may determine to assist it in the carrying out of its functions and may delegate to any committee such functions as it may consider fit and subject to such condition as it may determine. The committee appointed under subsection (1) shall consist of a chairperson who shall be a member of the council and four other persons whether members of the council or not. The council shall prescribe the procedure of any committee appointed by it under this section.

Section 19Verify source

§ 20Institutional arrangements - The finance, scientific and users committeesProvision

Establishes finance, scientific and users committees and assigns specific duties to each; the council must ensure farmer representation on the finance committee and that the users committee includes farmers and other users of agricultural research.

Section The finance, scientific and users committees Section Without prejudice to the provisions of section 19 , there is established the following standing committees of the council whose members shall be appointed in accordance with section 19 — The finance committee shall— The scientific committee shall— A users committee shall— finance committee; scientific committee; and users committee. In appointing the committees, the council shall ensure that there is adequate representation of farmers on the finance committee and that the user committee is composed of farmers and other users of result of agricultural research . ensure that financial and other resources are mobilised and effectively deployed; review and recommend for approval annual budget and financing plan of the organisation and public agricultural research institutes; plan financing of the envisaged agricultural research , development and technology transfer , taking into consideration the available expertise and the economic merits; and subject to the instructions of the council , perform such other functions as the council may determine. ensure that publicly funded agricultural research has a scientific, social, economic and environmental basis; recommend national thematic research areas on basis of national priorities determined in consultation with stakeholders; identify core agricultural research activities to be undertaken by the public agricultural research institutes; review and recommend on the core capacity including on an annual basis, the budgetary resources required to undertake core agricultural research activities by public agricultural research institutes; review projections on requirements for different types of scientific expertise and recommend appropriate human resources development and capacity development needs for the entire agricultural research system; coordinate the external and peer reviews of publicly funded agricultural research programmes, proposals and bids for their scientific integrity, taking into consideration the available expertise, facilities, the economic and social merits; and perform such other functions as the council may determine. ensure that the clients’ needs and priorities are met in all agricultural research activities; and

Section 20Verify source

§ 5Institutional arrangements - Establishment of the national agricultural research organisationProvision

Establishes the National Agricultural Research Organisation as a body corporate with perpetual succession and a common seal; grants it powers to acquire, hold and dispose of movable and immovable property, to sue and be sued, and to perform other lawful corporate acts; and states that the organisation comprises a council (its governing body), council committees, a secretariat, and semi-autonomous public agricultural research institutes under its policy guidance.

Section Establishment of the national agricultural research organisation Section The organisation is a body corporate with perpetual succession and a common seal and may— There is established an Organisation to be known as the National Agricultural Research Organisation. acquire, hold and dispose of moveable and immoveable property; sue and be sued in its corporate name; and do all other things as a body corporate may lawfully do. The organisation shall comprise the council as its governing body, committees of the council as its specialised organs, a secretariat for its day-to-day operations with the semi autonomous public agricultural research institutes under its policy guidance.

Section 5Verify source

§ 6Institutional arrangements - Object of the organisationProvision

The organisation must serve as the principal institution responsible for coordinating and overseeing all aspects of agricultural research in Uganda.

Section Object of the organisation Section The organisation shall be the principal institution for the coordination and oversight of all aspects of agricultural research in Uganda.

Section 6Verify source

§ 7Institutional arrangements - Functions of the organisationProvision

The organisation must perform listed functions to direct, coordinate, support, fund and promote publicly funded agricultural research in Uganda, and convene stakeholders at least once a year.

Section Functions of the organisation Section The functions of the organisation shall be to— provide strategic direction for publicly funded agricultural research in Uganda and act as a forum for agricultural researchers in Uganda; coordinate and oversee, in collaboration with the Uganda National Council for Science and Technology and other lead agencies, the development , consolidation and implementation of agricultural research policy and national research strategies, plans and budgets relating to publicly funded agricultural research ; set national priorities and harmonise agricultural research activities of the national agricultural research institutes, civil society organisation , private sectors and farmer organisations and promote delivery of quality and efficient agricultural research services; advise and coordinate formulation of policy and legislative proposals research standards, codes of ethics, conduct and practice; and guidelines for delivery of agricultural research services; provide guidelines, guidance and ensure delivery of quality agricultural research by agricultural research service providers; in collaboration with other relevant agencies, provide policy guidance to local governments on matters relating to agricultural research ; carry out monitoring and evaluation of national agricultural research programmes, projects and activities to ensure adherence to the set work plans, standards and regulations; mobilise funds for agricultural research and manage the agricultural research trust fund including raising funds for research of national strategic interest ; coordinate and promote cooperation and collaboration between Uganda and other countries, institutions, scientific or professional societies and other agricultural research service providers, with regard to agricultural research , development and technology transfer in the agricultural sector so as to optimally utilise agricultural resources and improve production capacity of such resources; provide leadership and advocacy for the promotion, protection and development of agricultural research in Uganda; make grants or provide funds to any institution or person for the advancement of agricultural research and development on both competitive and non-competitive basis; and perform such other functions as are conferred on the organization by this Act or any other law for the purpose of promoting agricultural research and development . In carrying out its functions as a forum for agricultural researchers in Uganda, the organisation shall convene a meeting at least once a year of representatives of agricultural research service providers, farmers, private sector and civil society and other stakeholders for the purpose of discussing issues relevant to agricultural research and setting agricultural research priorities.

Section 7Verify source

§ 8Institutional arrangements - Other functions of the organisationProvision

The organisation must perform a range of functions related to agricultural research, including advising the Minister, managing research data, inspecting research sites, registering providers and maintaining a central register.

Section Other functions of the organisation Section The organisation shall, in addition to its functions, in section 7 , and subject to its objects— advise the Minister on research, development and technology transfer in the field of agriculture ; co-ordinate, collect, collate and analyse data and information on agricultural research and ensure their publication and dissemination, and take inventory of all agricultural research in Uganda; inspect facilities and any area where agricultural research is being carried out or intended to be carried out; register potential agricultural research service providers in the public and private sectors; and maintain a central register of agricultural research and development .

Section 8Verify source

§ 9Institutional arrangements - The members of the councilProvision

Specifies council membership categories; the Minister appoints members in consultation and must ensure balance; members must meet character and experience requirements; director general is secretary; membership is part-time; members (except the director general) hold office on terms in their instruments of appointment.

Section The members of the council Section The council shall consist of the following members— an eminent Ugandan scientist who shall be a chairperson appointed by the Minister ; four representatives of farmers, at least two of whom shall be women elected in a manner prescribed by the Minister by recognised Farmers’ Groups or organisations and one of whom shall be a person with disabilities elected in a manner prescribed by the Minister ; a representative from the private sector; a representative of the Uganda Non-Governmental Organisations Forum; three persons with experience in agricultural research representing the Universities, public agricultural research institutes and private agricultural research providers at least one of whom shall be a woman; a representative of the local authorities nominated by the Uganda Local Authorities Association; the Permanent Secretary of the Ministry responsible for agricultural research ; the Permanent Secretary of the Ministry responsible for finance; the director general , ex-officio ; the Executive Director NAADS , ex-officio ; and the Executive Secretary of Uganda National Council for Science and Technology, ex-officio . The chairperson and members of the council shall be persons of high moral character and proven integrity who have had experience of and shown capacity in agricultural research , environment, management, administration, agriculture , marketing, the training of agricuulturalists, economic, business and financial management, law, rural development , social science, and development or technology transfer in the field of agriculture . The Minister shall in consultation with the relevant bodies appoint the members of the council and shall, in appointing the members of the council , ensure that there is a balance of skills, experience and gender. The members of the council other than the director general shall hold office on terms and conditions specified in their instruments of appointment. The director general shall be the secretary to the council . Membership of the council shall be on part time basis.

Section 9Verify source

Part III

Provision of agricultural research service

§ 21Provision of agricultural research service - Provision of agricultural research servicesProvision

Agricultural research services must be provided by agricultural service providers under the national agricultural research system.

Section Provision of agricultural research services Section Under the national agricultural research system , agricultural research services shall be provided by agricultural service providers who shall comprise of public agricultural research institutes, universities, tertiary institutions, private sector organisations, civil society organisations, farmers groups and any other entity with appropriate capacity as may be determined by the council .

Section 21Verify source

§ 22Provision of agricultural research service - Common functions of agricultural research service providersProvision

Agricultural research service providers must perform a list of functions including conducting research, mobilising teams, training researchers, collaborating nationally and internationally, disseminating technologies from publicly funded research, producing and selling agricultural products, providing services for payment, and providing grants; providers must be professionally competent as determined by the council.

Section Common functions of agricultural research service providers Section The functions of agricultural research service providers shall include— as an end-product of research development and technology transfer undertaken— carrying out agricultural research whether basic, applied, adaptive or strategic; utilisation of the technologies and expertise in its possession arising out of publicly funded agricultural research including making it generally available; mobilising teams to carry out agricultural research; [Please note: numbering as in original.] participating in problem identification and prioritisation; establishment and control of facilities in fields of research, development and technology transfer which are of interest to them or which the organisation may from time to time delegate to them; the training of agricultural researchers and others; hiring or letting of services for the management and conduct of agricultural research; establishing and maintaining collaboration with other agricultural research service providers, organisation and agricultural research institutes both at national and international levels; reporting on the findings of agricultural research to the organisation in particular agricultural research service undertaken with public funding from the organisation; produce, process and sell agricultural products; conduct or commission market research and sale of its results; provide against payment, services not directly related to agricultural research; acquisition and dissemination of agricultural research and development results from tertiary institutions and other entities; and provision of grants for agricultural research and development activities; providing agricultural research services as a contracted agricultural research service provider and entering into performance arrangement with the organisation or any other person; ensuring the multiplication of foundation technologies; undertaking agricultural research with farmers and other stakeholders; and collaborating and consulting with the farmers’ fora and farmer groups or organisations provided for under Part V of this Act. An agricultural research service provider shall be professionally competent as shall be determined by the council.

Section 22Verify source

§ 23Provision of agricultural research service - Registering of agricultural research service providersOffence

Persons or institutions must not carry out agricultural research using public funds unless they are registered by the organisation or working under the guidance of a registered provider; the Minister must provide the registration system and fees on the council's recommendation; contravention is an offence with fines or imprisonment.

Section Registering of agricultural research service providers Section No person or institution shall provide or carry out agricultural research service using public funds under this Act, unless that person or institution is registered to do so by the organisation or is working in partnership and under the guidance of a person or institution registered by the organisation . The Minister shall, on the recommendation of the council by regulations, provide the system of registering of agricultural research service providers and the fees payable and other matters connected with it. Any 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 one year or both.

Section 23Verify source

§ 24Provision of agricultural research service - Guidelines for carrying out agricultural researchOffence

The council must issue guidelines and directives for conducting and managing agricultural research; failure to comply is an offence punishable by a fine up to twenty four currency points, imprisonment up to one year, or both.

Section Guidelines for carrying out agricultural research Section The council shall issue guidelines and such directives as may be necessary for the conduct and management of agricultural research . Any person who fails to comply with the guidelines or directives issued under subsection (1) commits an offence and is liable on conviction to a fine not exceeding twenty four currency points or imprisonment not exceeding one year or both.

Section 24Verify source

§ 25Provision of agricultural research service - Contracting of agricultural research service providersProvision

The council may contract agricultural research service providers; such providers must carry out research in accordance with specified performance contracts and a code of conduct.

Section Contracting of agricultural research service providers Section The council may contract or enter into an arrangement with an agricultural research service provider to carry out agricultural research on any agricultural product or activity. An agricultural research service provider under this Act shall carry out agricultural research activities in accordance with a performance contract from the organisation , or from a public agricultural research institute , or from a local government and in accordance with code of conduct issued by the organisation . Notwithstanding anything to the contrary in this Act, research, development and technology transfer shall under subsection (1) be undertaken on such conditions as may be agreed upon between the organisation and the agricultural research service provider , including any institution, Government or Local government, on whose behalf the research, development and technology transfer are to be undertaken.

Section 25Verify source

§ 26Provision of agricultural research service - Functions of universities and tertiary institutionsProvision

Universities and tertiary institutions must perform agricultural research functions including training research personnel; acting as centres of excellence; managing research services; conducting strategic contract research; and undertaking competitive adaptive research.

Section Functions of universities and tertiary institutions Section Subject to the Universities and Tertiary Institutions Act, 2002 and in addition to the provisions of section 22 (1), the function of universities and tertiary institutions in the provision of agricultural research shall be— training the personnel who shall act as agricultural research service providers; acting as centres of excellence, especially for basic scientific research; providing services as managers of agricultural research at any level; conducting strategic research on contract from the organization and the private sector; and undertaking adaptive research on a competitive basis from organisation , local governments, civil society and the private sector.

Section 26Verify source

§ 27Provision of agricultural research service - Functions of the private sector and civil society organisationsProvision

The private sector and civil society organisations must support and provide a range of agricultural research services, including funding, research, demonstrations, management, advice and programme monitoring.

Section Functions of the private sector and civil society organisations Section In addition to the provision of section 22 (1), the private sector and civil society organisations shall— The organisation may contract the universities, private sector and civil society organisations to provide a variety of agricultural research services such as— participate in the articulation of demand and supply of agricultural research services; mobilise and provide funds, personnel and facilities for agricultural research ; and provide advice and information to support the development and implementation of a given policy. providing services as managers of agricultural research at any level; conducting agricultural research through contracts from the organisation , from the public agricultural research institute or from local governments; conducting technology demonstrations and multiplication; and participating in monitoring and evaluating agricultural research programmes.

Section 27Verify source

Part IV

Establishment of public agricultural research institutes

§ 28Establishment of public agricultural research institutes - Establishment of public agricultural research institutesProvision

Establishes public agricultural research institutes (national and zonal) as semi‑autonomous agencies under the policy guidance of the National Agricultural Research Organisation to provide agricultural research services; states objectives for national and zonal institutes and places each institute under the general supervision of its management committee.

Section Establishment of public agricultural research institutes Section The public agricultural research institutes shall be of two categories— The objectives of public agricultural research institutes shall be— For the purpose of this Act, there are established public agricultural research institutes as provided in the third schedule to this Act as semi-autonomous agencies under the policy guidance of the National Agricultural Research Organisation for the purpose of providing agricultural research services. national agricultural research institutes; and zonal agricultural research and development institutes. in case of national agricultural research institutes, to manage and carry out agricultural research of a strategic nature and of national importance; and in case of zonal agricultural research and development institutes, to manage and carry out agricultural research whether applied or adaptive for a specific agro-ecological zone. A public agricultural research institute shall be under the general supervision of its management committee .

Section 28Verify source

§ 29Establishment of public agricultural research institutes - Operation of a public agricultural research instituteProvision

Public agricultural research institutes must be autonomous in implementing programmes and managing resources, must have a management committee, must be bodies corporate with perpetual succession and a common seal, and may sue or be sued and carry out lawful corporate acts.

Section Operation of a public agricultural research institute Section A public agricultural research institute shall be autonomous in its operations relating to the implementation of its programmes, allocation and management of its resources in accordance with its approved annual programmes and budget as approved by the council . Each public agricultural research institute shall have a management committee . Each public agricultural research institute shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its own name and do things as body corporate may lawfully do.

Section 29Verify source

§ 30Establishment of public agricultural research institutes - Establishment of other public agricultural research institutesProvision

The Minister may establish other public agricultural research institutes, subject to section 60 and on the advice of the council, if deemed necessary for carrying out agricultural research.

Section Establishment of other public agricultural research institutes Section Subject to section 60 , the Minister may, on the advice of the council, establish such other public agricultural research institutes, as may be deemed necessary for the purposes of carrying out agricultural research.

Section 30Verify source

§ 31Establishment of public agricultural research institutes - Functions of a public agricultural research instituteProvision

Lists the specific functions of a public agricultural research institute, including conducting research, acting as a centre of excellence, training, maintaining staff and facilities, providing technical support, collaborating with other institutes, and exploring research opportunities.

Section Functions of a public agricultural research institute Section In addition to the functions prescribed in section 22 , the specific functions of a public agricultural research institute shall be as follows— planning, conducting national strategic agricultural research which is of public interest and in case of zonal agricultural institute, conducting applied and adaptive research of zonal importance; acting as a centre of excellence and reference on specified agricultural research programmes and enterprises; conducting relevant training and skills development programmes for other agricultural research service providers; maintaining core technical, administrative research staff and facilities; providing technical back-stopping to advisory service providers in collaboration with NAADS ; establishing and maintaining regular contacts and collaboration with other research and technology institutes both at national and international levels; and exploring new opportunities in agricultural research and development .

Section 31Verify source

§ 32Establishment of public agricultural research institutes - Composition of management committee of a public agricultural research instituteProvision

Section Composition of management committee of a public agricultural research institute Section In case of a National Agricultural Research Institute, it shall comprise of— In case of the Zonal Agricultural Research and Development Institutes, it shall comprise of the following— A management committee of a public agricultural research institute shall consist of persons provided for in subsections (2) and (3). the director of the institute who shall be an ex-officio member; a representative of the Ministry responsible for agricultural research ; three representatives of the farmers, at least one of whom shall be woman elected in a manner prescribed by the Minister by recognised Farmers’ Groups or farmers’ organisation and one of whom shall be a person with disabilities elected in a manner prescribed by the Minister ; a representative of the agricultural advisory service providers; an eminent scientist not affiliated to any of the public agricultural research institutes; and two other persons of integrity and who had experiences of and proven capacity in economic, finance, development , business or administration. three representatives of farmers at least one of whom shall be a woman elected in a manner prescribed by the Minister by recognised farmers’ group or farmers’ organisations and one of whom shall be a person with disabilities elected in a manner prescribed by the Minister ; a representative chosen by the agricultural advisory service providers from within the area served by a particular zonal agricultural research and development institute ; the director of the zonal agricultural research and development institute , ex-officio member; a representative from the district local governments served by a particular zonal agricultural research and development institute ; and two other persons of integrity and had experiences of and proven capacity in economic, finance, business, development or administration. The members of the management committee shall recommend to the council for appointment a person as their chairperson . The chairperson and members of the management committee shall be persons of high moral character and proven integrity who have experience of, and shown capacity in agriculture , agricultural research , business and administration. The council shall appoint the members of the management committee and membership of the management committee shall be on part time basis. The council shall, in appointing the members of the management committee , ensure that there is a balance of skills, gender and experience among the members of the management committee . The members of the management committee shall hold office on terms and conditions specified in their instruments of appointment. The Minister may, by statutory instrument alter the composition of a management committee of a public agricultural research institute as and when necessary.

Section 32Verify source

§ 33Establishment of public agricultural research institutes - Functions of the management committeeProvision

Section Functions of the management committee Section The management committee of a public agricultural research institute shall— formulate the policies of a public agricultural research institute and mobilise sufficient resources for the proper functioning of a public agricultural research institute; ensure that the objects and functions of a public agricultural research institute are carried out in line with policy and guidelines provided by the council; approve work plans and prepare budgets for a public agricultural research institute; appoint and discipline all support staff of a public agricultural research institute; provide technical support and guidance to a public agricultural research institute in the delivery of agricultural research services; convene a meeting twice a year of agricultural researchers from the respective public agricultural research institute, farmers, NAADS service providers, local authorities and other relevant stakeholders for the purpose of discussing matters relevant to the conduct of the respective institutes-program of agricultural research; establish and maintain linkages between the respective public agricultural research institute and National Agricultural Advisory Services; establish an appropriate incentive scheme for the employees of a public agricultural research institute; in collaboration with the council formulate and design the human resource development and training programmes for the public agricultural research institutes; prepare for approval by the council rolling three years research and manpower development plans for the public agricultural research institutes; develop and implement an agricultural research information management strategy for the public agricultural research institutes and facilitate sharing of information amongst the public agricultural research institutes; review and evaluate performance of all staff of public agricultural research institutes; and do all other things which are incidental to the efficient and effective discharge of the functions of the management committee.

Section 33Verify source

§ 34Establishment of public agricultural research institutes - Tenure of office of the management committeeOffence

The council may remove a management committee member; members (other than the director) hold office for three years and may be re-appointed once; members may resign by letter; removal may be for listed reasons including absence for more than four consecutive meetings, bankruptcy, or conviction for dishonesty.

Section Tenure of office of the management committee Section The council may, at any time, remove a member of the management committee A member of the management committee other than the director, shall hold office for three years and is eligible for re-appointment for one more term. A member of the management committee may at any time, resign his or her office by letter addressed to the Council. for inability to perform the functions of his or her office arising from infirmity of body or mind; for misbehaviour or misconduct; for incompetence; if the member is absent without prior permission of the chairperson , for more than four consecutive meetings of the management committee ; if the member is bankrupt or insolvent or enters into a composition scheme with his or her creditors; or if the member is convicted of an offence involving dishonesty, fraud or moral turpitude.

Section 34Verify source

§ 35Establishment of public agricultural research institutes - Remuneration of management committeeProvision

The chairperson and members of the management committee are to be paid remuneration determined by the Minister in consultation with the Minister responsible for public service.

Section Remuneration of management committee Section The chairperson and the members of management committee shall be paid such remuneration as the Minister may in consultation with the Minister responsible for public service determine in relation to that member.

Section 35Verify source

§ 36Establishment of public agricultural research institutes - Funds of a public agricultural research instituteProvision

Defines the composition of a public agricultural research institute's funds and requires the Minister, after consulting the Minister responsible for finance, to determine how much revenue remains the institute's property.

Section Funds of a public agricultural research institute Section The funds of a public agricultural research institute shall consist of— money appropriated by the Parliament for the purposes of a public agricultural research institute ; monies received by virtue of the contracts and the functions performed by the institute as agricultural research service provider ; loans, donations or contributions from any person, local government, institution or private company; and money which may become payable to the institute in the performance of its functions. All revenue collected by or payable to a public agricultural research institute shall form part of the revenue of the public agricultural research institute and, having regard to its capacity to generate income from its own operations and its annual business plans and budget, the Minister after consultation with the Minister responsible for finance shall determine, in respect of each public agricultural research institute the amount of revenue which shall remain the property of the public agricultural research institute .

Section 36Verify source

§ 37Establishment of public agricultural research institutes - Meetings of the management committeeProvision

The Fourth Schedule applies to meetings of the management committee and other matters provided for in that Schedule.

Section Meetings of the management committee Section The Fourth Schedule has effect in relation to meetings of the management committee and other matters provided for in that Schedule.

Section 37Verify source

Part V

Farmers’ fora and other farmers’ groups or organisations

§ 38Farmers’ fora and other farmers’ groups or organisations - Farmers’ fora and other farmers’ groups or organisationsProvision

Farmers' fora and other recognised farmer groups must carry out specified functions related to agricultural research, including identifying research needs, monitoring research effectiveness, advising on local knowledge, collaborating with research service providers, assisting communities to benefit, performing other delegated research functions, and informing the organisation of local views on agricultural research.

Section Farmers’ fora and other farmers’ groups or organisations Section The farmers' fora referred to and established under Part IV of the National Agricultural Advisory Services Act, 2001 and other farmer groups or organisations recognised by the organisation shall carry out the following functions for the purpose of this Act— identify and prioritise agricultural research needs; monitor the effectiveness of agricultural research activities; advise on the use and integration of local knowledge in agricultural research ; collaborate with agricultural research service providers in agricultural research and development activities; assist local communities to benefit from agricultural research : perform such other functions relating to agricultural research as the organisation may require or delegate to them; and inform the organisation of the ideas, desires and opinions of the people in their respective areas on all matters relating to agricultural research .

Section 38Verify source

Part VI

Discoveries, inventions and improvements by agricultural research services providers

§ 39Discoveries, inventions and improvements by agricultural research services providers - Rights of patents, inventions etcProvision

Rights to patents and related inventions arising from publicly funded agricultural research vest in the organisation; the organisation may make such discoveries available, award bonuses, apply for patents, and is regarded as assignee for certain purposes; the Minister must make regulations to protect such intellectual property.

Section Rights of patents, inventions etc Section Subject to subsection (1), the rights in all discoveries and innovations and in all improvements in respect of processes, apparatus and machinery made by— All rights of patent in discoveries, inventions and improvements on proprietary inputs both technological and material, transformational systems, selectable markers, promoters, genetic research including diagnostic probes, shall vest in the organisation in cases of agricultural research from public funds. persons assisting the organisation with any investigation or research shall vest in the organisation ; or persons to whom bursaries or grants-in-aid have been granted by the organisation , shall vest in the organisation . For the purpose of this section, the intellectual property rights is limited to tools and methods used in agricultural research . The organisation may make discoveries, inventions and improvements referred to in subsection (2) available for use in the public interest subject to such conditions or the payment of such fees or royalties as the organisation may determine. Where any discovery, invention or improvement is vested in the organisation under subsection (1), the organisation may award to the person responsible for the discovery, invention or improvement such bonus as agreed, or make provision for financial participation by that person in the profits derived from the discovery, invention or improvement to such extent as the organisation may determine, after consultation with the Minister and in accordance with the existing laws relating to intellectual property rights. The organisation or an agricultural research service provider may apply for a patent in respect of any discovery, invention or improvement referred to in subsection (1), and shall for the purposes of Patents Act and Plant Variety Protection Act be regarded as the assignee of the discoverer or inventor in question. The Minister in consultation with the council shall prescribe by regulations the manner for protecting intellectual property, innovations. improvements and inventions arising out of agricultural research .

Section 39Verify source

§ 40Discoveries, inventions and improvements by agricultural research services providers - Amendment of the Patents Act, Cap 216Repeal

Section 7 of the Patents Act is amended by repealing paragraph (b) of subsection (2) for results of discoveries, inventions or improvements made under section 39.

Section Amendment of the Patents Act, Cap 216 Section For purposes of patenting results of a discovery, invention or improvement, made under section 39 , section 7 of the Patents Act is amended by repealing paragraph (b) of subsection (2).

Section 40Verify source

Part VII

Finance

§ 41Finance - Agricultural Research Trust FundProvision

Establishes the Agricultural Research Trust Fund, lists the kinds of monies that will constitute the Fund, and states that the Fund shall be managed by the council.

Section Agricultural Research Trust Fund Section The monies to constitute the Agricultural Research Trust Fund shall consist of— There is established a fund to be known as the Agricultural Research Trust Fund . Subject to the provisions of this Act the Agricultural Research Trust Fund shall be managed by the council . moneys appropriated by Parliament; loans obtained by Government; grants from donors; any surplus made from the operations of the council and declared to the Minister responsible for finance; any monies paid into the Fund under this Act; and any other source approved by the Minister in writing in consultation with the Minister responsible for finance.

Section 41Verify source

§ 42Finance - Utilisation of the Agricultural Research Trust FundProvision

The Minister must, on the recommendation of the council and by regulations, provide for several uses of the Agricultural Research Trust Fund including funding research activities, creating an endowment, funding competitive research contracts, managing the Fund, eligibility criteria, and farmer representation.

Section Utilisation of the Agricultural Research Trust Fund Section The Fund shall be utilised as follows— The Minister shall, on the recommendation of the council , by regulations provide for— for funding of core activities of research of national strategic interest ; to create endowment, with which to support competitive funds; for funding of national and zonal competitive agricultural research contracts; and for funding of innovative agricultural research . management of the Fund ; eligibility criteria for research funding; and adequate representation of farmers on the body administering the Fund .

Section 42Verify source

§ 43Finance - Funds of the organisationProvision

The organisation's funds come from specified sources (Parliamentary appropriations, contracts, donations, interest, prescribed fees, a ten percent cess on agricultural produce export, borrowed money, and grants) and the organisation must use those funds to defray expenses for performing its functions and exercising its powers; it may charge fees for services or use of facilities.

Section Funds of the organisation Section The funds of the organisation consist of— money appropriated by Parliament; money received by virtue of contracts and the functions performed by the organisation ; donations or contributions which the organisation may receive from any person, institution, government or any other source; interest on investments by the organisation ; fees prescribed by the organisation for processing of registration applications charged under this Act, royalties and such other fees, including fees payable annually by registered persons as may be prescribed under this Act; ten percent of the cess collected on agricultural produce export; money borrowed by the organisation under this Act or any other law; and grants and gifts from Government and grants, gifts or donations from other sources acceptable to the Minister and the Minister responsible for finance. The organisation shall utilise its funds for defraying expenses in connection with the performance of its functions and the exercise of its powers. The organisation may, in respect of any work performed or services rendered by it under this Act, or for the use of its facilities or rights consequent upon any discoveries, inventions or improvements, charge such fee or make such other financial arrangement as it may deem fit.

Section 43Verify source

§ 44Finance - EstimatesProvision

The director general must prepare and submit annual estimates of income and expenditure to the council at least two months before each financial year; the director general may submit supplementary estimates before year-end; the council and Minister must forward approved estimates up the chain; organisations and public agricultural research institutes must not exceed their budget without the Minister's approval.

Section Estimates Section The director general shall, not less than two months before the beginning of each financial year, prepare and submit to the council for its approval, estimates of income and expenditure for that financial year. The director general may also, at any time before the end of the financial year, prepare and submit to the council for approval, any estimates supplementary to the estimates under subsection (1). The council shall submit the estimates approved by it under this section to the Minister for his or her approval and the Minister shall submit the estimates to the Minister responsible for finance, for inclusion in the annual estimates of Government for a financial year. No expenditure shall be made out of the funds of the organisation unless the estimates in respect of the expenditure have been approved in the manner provided by this section. The organisation and a public agricultural research institute shall not incur any expenditure exceeding its budget without the approval of the Minister .

Section 44Verify source

§ 45Finance - Use of fundsProvision

The council or the management committee may approve other manners of investing the organisation's or a public agricultural research institute's funds, but only after consultation with the Minister.

Section Use of funds Section The funds of the organisation and a public agricultural research institute may be applied for the— Subject to subsection (1), the funds of the organisation and a public agricultural research institute may be invested in— Where, at the end of a financial year of the organisation or of a public agricultural research institute , and after— payment or discharge of its expenses, obligations or liabilities incurred in connection with the performance of its functions or exercise of its powers under this Act, and payment of any remuneration or allowances payable under this Act. fixed deposits with a bank approved by the council , or a management committee ; treasury bills and securities of the Government; or such other manner as may be approved by the council or the management committee after consultation with the Minister . Funds of the organisation or a public agricultural research institute may not be invested in any business licensed under this Act. setting aside the amount required for its capital expenditure and operations; making provision for bad and doubtful debts; making provision for depreciation of assets; and taking into consideration any other contingencies;

Section 45Verify source

§ 46Finance - Financial yearProvision

The financial year for the organisation and a public agricultural research institute runs from 1 July to 30 June.

Section Financial year Section The financial year of the organisation and a public agricultural research institute shall be the twelve months beginning on the 1st July of each year and ending on the 30th June in the following calendar year.

Section 46Verify source

§ 47Finance - Books of accountProvision

The organisation must keep proper accounts and records; public agricultural institutes must keep separate accounts in an approved form; the organisation must prepare and submit annual accounts to the Auditor-General within three months after each financial year; the Auditor-General (or an appointed auditor) is entitled to inspect records and is required to audit and report on the accounts within three months of receipt.

Section Books of account Section The organisation shall keep proper accounts of its income and expenditure and records in relation to them. For the purpose of proper accounting, each public agricultural institute shall keep separate accounts which shall be maintained in a manner and form approved by the organisation and in accordance with the Government accounting regulations for the time being in force. The organisation shall, within three months after the end of each financial year, cause to be prepared and submitted to the Auditor-General for auditing by the Auditor-General or an auditor appointed by the Auditor-General, a statement of accounts of the organisation for that financial year in a form approved by the Auditor General. The Auditor-General or an auditor appointed by him or her is entitled to inspect all books, papers and other records of the organisation and a public agricultural research institute relating to all matters dealt with in any statement of accounts required to be prepared under subsection (3) and is entitled to any information and explanation required in relation to those financial records. The Auditor-General shall, within three months after receiving the accounts of the organisation under subsection (3), cause them to be audited and reported on in accordance with article 163 of the Constitution.

Section 47Verify source

§ 48Finance - Duty to operate on sound financial principlesProvision

The organisation and a public agricultural research institute must operate according to sound financial and commercial practice and must ensure expenditure does not exceed revenue when performing functions under this Act.

Section Duty to operate on sound financial principles Section The organisation and a public agricultural research institute shall, in discharging its functions under this Act, operate in accordance with sound financial and commercial practice and shall ensure that expenditure do not exceed revenue.

Section 48Verify source

§ 49Finance - Power to open and operate bank accountsProvision

The organisation and a public agricultural research institute must open and maintain necessary bank accounts, bank received monies promptly, and ensure no withdrawals occur without approval.

Section Power to open and operate bank accounts Section Subject to section 40 of the Public Finance and Accountability Act, 2003 the organisation and a public agricultural research institute shall open and maintain such bank accounts as are necessary for the performance of their functions. The organisation and a public agricultural research institute shall ensure that all moneys received by or on behalf of the organisation or a public agricultural research institute are banked as soon as practicable after being received. The organisation and a public agricultural research institute shall ensure that no money is withdrawn from or paid out of any of the bank accounts without the approval of authorised person.

Section 49Verify source

§ 50Finance - Borrowing powersProvision

The organisation and a public agricultural research institute may borrow money from any source with the Minister's approval given in consultation with the Minister responsible for finance to meet obligations or discharge functions under the Act.

Section Borrowing powers Section The organisation and a public agricultural research institute may, with the approval of the Minister given in consultation with the Minister responsible for finance, borrow money from any source as may be required for meeting its obligations or for the discharge of the functions of the organisation and a public agricultural research institute under this Act.

Section 50Verify source

§ 51Finance - Annual and other reportsProvision

The organisation must, one month after each financial year ends, submit to the Minister a statement of its activities in the preceding year and must also submit any other reports the Minister requires.

Section Annual and other reports Section The organisation shall, one month after the end of each financial year, submit to the Minister , a statement of its activities in the preceding financial year, containing such information as the Minister may require. The organisation shall also submit to the Minister , such other reports on its activities or on any other matter as the Minister may, from time to time, require.

Section 51Verify source

§ 52Finance - Accounting officersProvision

The director general must serve as the accounting officer responsible for accounting for all money received and the use and care of council properties; the head of each public agricultural research institute must serve as the sub-accountant responsible for the institute's money and properties; and such a sub-accountant must be directly answerable to the accounting officer.

Section Accounting officers Section The director general shall be the accounting officer charged with the responsibility of accounting for all money received, its utilisation and the use and care of the properties of the council . The head of each public agricultural research institute shall be the sub-accountant charged with the responsibility for accounting for all money received, its utilisation and the use and care of all the properties of the institute he or she heads. A sub accountant referred to in subsection (2) shall for accounting purpose be directly answerable to the accounting officer referred to in subsection (1).

Section 52Verify source

Part VIII

Miscellaneous

§ 53Miscellaneous - Official seal of the organisationProvision

The council determines the form of the organisation's official seal; the seal must be authenticated by the director general and another council member (or the acting director general if absent); certain instruments may be signed without the seal by authorised persons; documents executed under this section are presumed valid until disproved.

Section Official seal of the organisation Section The official seal of the organisation shall be in a form determined by the council . The official seal shall, when affixed to any document, be authenticated by the signatures of the director general and one other member of the council . In the absence of the director general , the person performing the functions of the director general shall sign. An instrument or contract which if executed or entered into by a person other than a body corporate would not require to be under seal may be executed or entered into on behalf of the organisation by the director general , or by any member of the council or any other person if that member of the council or other person has been duly authorised by resolution of the council to execute or enter into the instrument or contract as the case may be. Every document purporting to be an instrument or contract executed or issued by or on behalf of the organisation in accordance with this section shall be deemed to be so executed or issued until the contrary is proved.

Section 53Verify source

§ 54Miscellaneous - Powers of the ministerProvision

The Minister may issue written general directions about policy, and the organisation and the public agricultural research institute must comply with those directions.

Section Powers of the minister Section The Minister may give general directions in writing to the organisation and a public agricultural research institute with respect to the policy to be observed and implemented and the organisation and public agricultural research institute shall comply with those directions.

Section 54Verify source

§ 55Miscellaneous - Service of documentsProvision

Notices or documents may be served on the organisation or on a public agricultural research institute by delivering them at the office of the director general or head of institute, or by sending them by registered post to those officers.

Section Service of documents Section Any notice or document may be served on the organisation by delivering it at the office of the director general or by sending it by registered post to the director general . Any notice or document may be served on a public agricultural research institute by delivering it at the office of the head of the institute or by sending it by registered post to the head of a particular institute.

Section 55Verify source

§ 56Miscellaneous - Protection of members and employeesProvision

Certain members, employees and persons acting under direction are not personally liable to civil proceedings for acts done in good faith while performing their functions.

Section Protection of members and employees Section A member of the council , an employee of the organisation or any person performing any function of the organisation under the direction of the organisation shall not be personally liable to any civil proceedings for any act done in good faith in the performance of those functions. A member of the management committee or an employee of a public agricultural research institute or any person performing any function of a public agricultural research institute under the direction of the management committee shall not be personally liable to any civil proceedings for any act done in good faith in the performance of those functions.

Section 56Verify source

§ 57Miscellaneous - RegulationsOffence

The Minister may, by statutory instrument and after consulting the council, make regulations to implement this Act, including rules on grants, registration and conduct of agricultural research service providers, standards and codes of conduct, management of public agricultural research institutes, election procedures for local government and management committees, registration and management of service providers, and penalties of a fine not exceeding twenty five currency points for contravening regulations.

Section Regulations Section Notwithstanding the general effect of subsection (1), the Minister may after consultation with the council make regulations— The Minister may, by statutory instrument, after consultation with the council , make regulations for the better carrying into effect the provisions of this Act. prescribing the procedure and criteria for the allocation of grants both on competitive and non-competitive basis; for the registration, conduct of agricultural research service providers and the payment of fees by agricultural research service providers; for the setting of standards and a code of conduct of the agricultural research service providers; for the management of public agricultural research institutes; prescribing the procedure and criteria for the election of district local governments and the chairpersons of the management committee ; for the registration and management of agricultural research service providers; prescribing anything which is authorised or required to be prescribed under this Act; prescribing the procedure and criteria for the election of persons as members of a management committee ; and prescribing in respect of the contravention of the regulation, a penalty of a fine not exceeding twenty five currency points.

Section 57Verify source

§ 58Miscellaneous - DelegationsProvision

The council and the management committee of a public agricultural research institute may each delegate any of their functions under this Act to specified persons or bodies, subject to any conditions or restrictions in the delegation.

Section Delegations Section The council , may delegate any of its function under this Act to— The management committee of a public agricultural research institute may delegate any of its functions under this Act to— any member of the council ; any public agricultural research institute ; any management committee of a public agricultural research institute ; any employee of the organisation or of a public agricultural research institute . a member of the management committee ; or any employee of the public agricultural research institute . Any delegation made under this Act may be made subject to such conditions and restrictions as may be contained in the delegation.

Section 58Verify source

§ 59Miscellaneous - Transfer of assets and liabilitiesCommencement

All property and assets that vested in the National Agricultural Research Organisation immediately before commencement for use as its headquarter shall vest in the organisation; other property and assets vested in the dissolved organisation before commencement shall vest in the respective public agricultural research institutes; the organisation shall assume all liabilities and trusts affecting those properties and assets.

Section Transfer of assets and liabilities Section All property and assets which immediately before the commencement of this Act vested in the National Agricultural Research Organisation for use as it’s headquarter shall vest in the organisation . All other property and assets vested in the dissolved National Agricultural Research Organisation before the commencement of this Act, shall vest in the respective public agricultural research institutes. The organisation shall assume all the liabilities and trusts affecting the property and assets mentioned in subsections (1) and (2).

Section 59Verify source

§ 60Miscellaneous - SuccessionCommencement

The organisation must employ certain former secretariat employees who opted to serve; persons not accepted are entitled to terminal benefits; the Minister decides correspondence disputes between institutes.

Section Succession Section Any agreement or similar arrangement made under the National Agricultural Research Organisation Act repealed by section 62 shall continue in force until terminated in accordance with the terms and conditions of the agreement or arrangement. The organisation shall, on the effective date of its operations, accept into its employment every person who, immediately before the commencement of the Act, was an employee of the secretariat of the National Agricultural Research Organisation and who was given an option to serve by the organisation and has opted to serve as an employee of the organisation . A person who is not accepted as an employee of the organisation is entitled to terminal benefits and pensions in accordance with the existing terms and conditions of the employment. Any person employed immediately before the commencement of this Act with a public agricultural research institute shall, after the commencement of this Act continue to be employed with the corresponding public agricultural research institute on terms not less favourable than before. Where a doubt exists as to which institute under this Act correspond to an institute existing immediately before the commencement of this Act, the matter shall be determined by the Minister .

Section 60Verify source

§ 61Miscellaneous - Amendment of SchedulesAmendment

The Minister may amend the Schedules to this Act by statutory instrument with the approval of Cabinet.

Section Amendment of Schedules Section The Minister may, by statutory instrument, and with the approval of Cabinet, amend the Schedules to this Act.

Section 61Verify source

§ 62Miscellaneous - Repeal and savings, Cap 205Repeal

Section Repeal and savings, Cap 205 Section The National Agricultural Research Organisation Act is repealed and the National Agricultural Research Organisation established under it is dissolved. Any licence or other authorisation granted under the repealed National Agricultural Research Organisation Act and any thing done under that Act may continue to take effect as if done under this Act. Any statutory instrument made under the repealed National Agricultural Research Organisation Act and in force on the coming into operation of this Act so long as it is consistent with this Act, shall continue in force until revoked or amended under this Act.

Section 62Verify source

Legislative relationships

4 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

N–S

4 instruments

National Agricultural Advisory Services Act, 2001
Section 38
Patents Act
Sections 39, 40
Public Finance and Accountability Act, 2003
Section 49
Schedules The Minister may amend the Schedules to this Act
Section 61

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