The Tanzania Agricultural Research Institute Act, 2016
The Act may be cited as the Tanzania Agricultural Research Institute Act, 2016, and starts on a date the Minister appoints by Gazette notice. It applies to Mainland Tanzania.
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Statute overview
About this statute
The Act may be cited as the Tanzania Agricultural Research Institute Act, 2016, and starts on a date the Minister appoints by Gazette notice. It applies to Mainland Tanzania. This section defines key terms used in the Act. The Tanzania Agricultural Research Institute (TARI) is established as a body corporate, with powers to hold property, sue and be sued, make contracts, and exercise normal person-like rights and privileges. The Institute is responsible for agricultural research in Mainland Tanzania and must carry out a list of related functions, including coordination, advice, standards, registration, and collaboration. It may delegate some functions, but not its delegation power or approval of the annual budget, balance sheet, or accounts. This provision establishes the Tanzania Agricultural Research Institute Board and sets out how its members are appointed.
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Provisions of The Tanzania Agricultural Research Institute Act, 2016
Showing 65 of 65
Part
PART I
- 1
AI-assisted research summary: The Act may be cited as the Tanzania Agricultural Research Institute Act, 2016, and starts on a date the Minister appoints by Gazette notice. It applies to Mainland Tanzania.
1.-(1) This Act may be cited as the Tanzania Agricultural Research Institute Act, 2016 and shall come into operation on such date as the Minister may, by notice published in the Gazette, appoint. (2) This Act shall apply to Mainland Tanzania. Interpretation - 2 Verify source ↗
Short title and commencement
AI-assisted research summary: This section defines key terms used in the Act.
2. In this Act, unless the context requires otherwise- “agricultural product” means any crop product or commodity recognized as such under this Act; “agricultural research” means the furtherance, accumulation and improvement of knowledge in crops and related 5 No. 10 Tanzania Agricultural Research Institute 2016 sciences through original and other investigations and methods of a scientific or indigenous nature into the production, treatment or handling of an agricultural product and system; “agricultural research service provider” means a person, whether in a public or private sector who conducts or manages agricultural research in accordance with this Act and it includes a public agricultural research institute, universities, farmers groups, civil society organisations, private sector organisations and any other entity as may be determined by the Institute; “agricultural research theme” means an agricultural research theme declared as such under section 14; “applied research” means a research that creates new or uses existing technologies to solve a broad range of agricultural challenges facing a society as a whole; “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; “Board” means the Tanzania Agricultural Research Institute Board established under section 5; “centres” means research centres referred to under section 11; “Chairman” means the Chairman of the Board; “Director General” means the Director General of the Institute appointed under section 8; “farmers organisation” means an organization formed by persons engaged in either production, processing or marketing of a specific agricultural commodity and is registered by the relevant authority; “Forum” means the National Agricultural Research Consultative Forum established under section 12; “Fund” means the Agricultural Research Development Fund established under section 26; “Institute” means the Tanzania Agricultural Research Institute established under section 3; 6 No. 10 Tanzania Agricultural Research Institute 2016 “Minister” means the Minister responsible for agriculture; “Ministry” means the Ministry responsible for agriculture; “national agricultural research” means a setting of national agricultural agricultural research management system, resources and cross section of stakeholders whether in public or private sector engaged in the provision of agricultural research services; and programme; research “strategic research” means research responding to national research questions or priorities and identifying the processes, principles and technological elements. PART II ESTABLISHMENT AND ADMINISTRATION OF THE INSTITUTE (a) Establishment of the Institute and the Board of the Institute Establish- ment of Tanzania Agricultural Research Institute
Part
PART II
- 3
AI-assisted research summary: The Tanzania Agricultural Research Institute (TARI) is established as a body corporate, with powers to hold property, sue and be sued, make contracts, and exercise normal person-like rights and privileges.
3.-(1) There is hereby established an institute, to be known as the Tanzania Agricultural Research Institute or in its acronym “TARI” and it shall be a leading institute responsible for strategic leadership in agricultural research. (2) The Institute shall be a body corporate and shall- (a) have perpetual succession and an official seal; (b) in its corporate name, be capable of suing and being sued; (c) subject to this Act, be capable of holding, purchasing, or acquiring in any other way, any movable or immovable property, and of disposing of any of its property; (d) have all rights and privileges of a natural person; and (e) in its own name, enter into contracts and agreements. (3) Notwithstanding the provisions of this section, the Attorney General shall have the right to intervene in any suit or matter instituted by, or against the Institute. (4) Where the Attorney General intervenes any matter pursuant of sub-section (3), the provisions of the Government Proceedings Act shall apply in relation to the 7 Cap. 5 No. 10 Tanzania Agricultural Research Institute 2016 proceedings of that suit or matter as if it had been instituted by, or against the Government. (5) For the purposes of subsections (3) and (4), the Institute shall have a duty to notify the Attorney-General of any pending suit or intention to institute a suit or matter by, or against the Institute. Functions of the Institute - 4
AI-assisted research summary: The Institute is responsible for agricultural research in Mainland Tanzania and must carry out a list of related functions, including coordination, advice, standards, registration, and collaboration. It may delegate some functions, but not its delegation power or approval of the annual budget, balance sheet, or accounts.
4.-(1) The Institute shall be responsible for conducting, regulating and coordinating all agricultural research activities in the Mainland Tanzania. (2) Without prejudice to the generality of subsection (1), the Institute shall- (a) conduct, promote and coordinate basic, applied and strategic agricultural research; (b) advise the Government on the formulation of national policies, laws and regulatory frameworks for promoting agricultural research; regulating and (c) formulate and oversee the implementation of intellectual property policy of the Institute; (d) formulate research standards, code of ethics, conduct and practice, and guidelines for delivery of agricultural research services; (e) set, agricultural in collaboration with key stakeholders, national and priorities of the national agricultural research system and coordinate the implementation of such agenda and priorities; research agenda (f) establish and operate an efficient system of documentation, dissemination and promotion of information on agricultural research; (g) promote advancement of skills by providing facilities for training research personnel for the Institute and other stakeholders for better carrying out basic, applied and strategic research; (h) mobilise funds for agricultural research and development; (i) coordinate and promote cooperation and 8 No. 10 Tanzania Agricultural Research Institute 2016 collaboration with 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; (j) provide, undertake and promote consultancy services in research, training and dissemination of information in agriculture and allied sciences; (k) register and maintain a register of agricultural research service providers and their research projects in the public and private sectors; (l) promote seed deployment and multiplication; (m) establish and maintain gene bank for purposes of characterizing, evaluating and conserving plant genetic resources; and (n) perform any other function for better carrying out the purposes of this Act. (3) The Institute may, by a written instrument under the seal of the Institute, delegate to any of its committee, members, or employee of the Institute, any of its functions or powers given under this Act. (4) The Institute may revoke a delegation made under this section, and no delegation so made shall prevent the Institute from exercising the function or power delegated. (5) Notwithstanding subsections (3) and (4),the Institute shall not delegate- (a) its power of delegation; or (b) the power to approve the annual budget, the annual balance sheet or any statement of accounts. Establish- ment and composition of the Board of the Institute - 5
AI-assisted research summary: This provision establishes the Tanzania Agricultural Research Institute Board and sets out how its members are appointed.
5.-(1) There is hereby established a Board to be known as the Tanzania Agricultural Research Institute Board. (2) The Board shall consist of the following: (a) the Chairman, who shall be appointed by the 9 No. 10 Tanzania Agricultural Research Institute 2016 President; and (b) nine other members to be appointed by the Minister as follows- (i) a member from the Ministry; (ii) a vice-chancellor appointed from one of a (iii) leading agriculture university; a Chief Executive Officer representing private agricultural research institutes; (iv) the Director of Local Government Authorities; (v) the Director General of the Tanzania Commission for Science and Technology; (vi) the Director General of Tanzania (vii) (viii) Livestock Research Institute; a Law Officer General’s Chambers; from the Attorney- two members with agriculture organisations; and representing experience in farmers’ (ix) one member with agriculture organizations. representing experience in agribusiness (3) In appointing the members of the Board, the Minister shall take into consideration skills, experience and gender balance. (4) Notwithstanding the provisions of subsection (2), the Board may, where it considers necessary, co-opt any person who is not a member of the Board to attend the deliberations of the Board. (5) The First Schedule to this Act shall have effect in regard to the constitution, proceedings and other matters relating to the Board. Powers and functions of the Board - 6
AI-assisted research summary: The Board controls the Institute’s management, oversight, governance, and control, and the Minister may issue directives that the Board must follow.
6.-(1) Subject this Act, management oversight, governance and control of the Institute shall be vested in the Board. the provisions of to (2) Without prejudice to the generality of subsection (1), the Board shall- 10 No. 10 Tanzania Agricultural Research Institute 2016 (a) provide oversight, direction and guidance on the affairs of the Institute and ensure that adequate funds and resources are made available to the Institute to carry out its national mandate of agricultural and promotion; development research, (b) review and approve, strategic plans, work plans and budgets of the Institute; (c) review performance reports and approve plans for carrier development and promotion of research scientists, technicians and other staff; (d) recommend to the appointing authority through the Minister, disciplinary action against the Director General; (e) act as disciplinary authority over management staff of the Institute; (f) act as an appellate disciplinary authority for other subordinate staff of the Institute who are not at the managerial level; (g) advise the Minister on the establishment of centres as may be necessary for the better performance of the functions of the Institute; (h) oversee the administration and accountability of funds and other assets of the Institute; and (i) do all acts and things as may be, in the opinion of the Board, necessary or expedient for the proper discharge of its functions under this Act. (3) The Minister may, subject to this Act, give to the Board directives of a general or specific character regarding the performance of the Institute of any of its functions under this Act, and the Board shall give effect to such directives. 11 No. 10 Tanzania Agricultural Research Institute 2016 (4) In the exercise of its powers and performance of its functions under this Act, the Board shall be accountable to the Minister. (5) For the proper and efficient performance of its functions, the Board may establish such number of committees or sub-committees as it may deem necessary which shall be composed of members appointed from amongst the members of the Board. Remuneration of members of the Board - 7 Verify source ↗
Establishment of Tanzania Agricultural Research Institute
AI-assisted research summary: Board members are to be paid remuneration and allowances that the Minister approves on the Board’s recommendation.
7. The members of the Board shall, from time to time be paid such remuneration and allowances as may be approved by the Minister upon the recommendation of the Board. Appointment and duties of the Director General (b) Management of the Institute - 8
AI-assisted research summary: This section sets out how the Institute’s Director General is appointed, the qualifications needed, the role’s reporting line to the Board, and the main responsibilities of the office.
8.-(1) There shall be a Director General of the Institute appointed by the President on the advice of the Minister from amongst persons who possess relevant qualifications and competence to manage efficiently and effectively the affairs of the Institute. (2) A person shall be eligible for appointment as a Director General if that person is a citizen of Tanzania and possesses- (a) a doctorate degree in agricultural sciences from a recognized university; (b) high level of integrity; (c) proven knowledge and experience of at least ten years in matters relating to scientific research or agricultural research and development; and (d) innovative ideas with competence in good governance. (3) The Director General shall be a Secretary to the Board and shall, in the performance of his functions under this Act, be under the general supervision and control of the Board. (4) The Director General shall be the Chief Executive Officer of the Institute and shall be responsible for- 12 No. 10 Tanzania Agricultural Research Institute 2016 (a) day to day operations and affairs of the Institute; (b) developing and, subject to approval of the Board, implementation of strategic plan of the Institute; (c) mobilization and management of funds, property and business of the Institute; (d) administration, organization and control of the staff of the Institute and discipline of the employees other than management staff of the Institute; (e) coordination and implementation of policies, programmes and activities of the Institute; and (f) discharge of any other duties that may be assigned to him by the Board. (5) In the discharge of his duties under this Act or any subsidiary legislation made thereunder, the Director General shall comply with the directives of the Board as may be given from time to time. (6) The Director General shall hold office for a term of five years and shall be eligible for reappointment for one more term. Departments and Units of the Institute - 9
AI-assisted research summary: The Board must establish the necessary departments and units for the Institute, following the approved organizational structure.
9. For the proper discharge of the functions of the Institute under this Act, the Board shall establish such number of departments and units under the Institute in accordance with the approved organizational structure. Recruitment of other staff - 10
AI-assisted research summary: The Institute may appoint or recruit additional staff only with Board approval and on a competitive basis. The Board determines the terms and conditions for those staff.
10.-(1) The Institute shall, with approval of the Board, appoint or recruit on competitive basis such other staff as may be necessary for the proper and efficient discharge of its duties. (2) Officers and employees recruited under this section shall hold office on such terms and conditions as the Board may determine. Research centres of the Institute - 11 Verify source ↗
Appointment and duties of the Director General
AI-assisted research summary: The listed research institutes are vested in the Institute, the research centres must be headed by a director appointed by the Board, and the Minister may change the listed centres by Gazette Order on the Board’s advice.
11.-(1) The Research Institutes specified in the second column of the Second Schedule to this Act are hereby vested in the Institute and shall continue to be under the direct control and management of the Institute as centres 13 No. 10 Tanzania Agricultural Research Institute 2016 of the Institute in their respective new names specified in the third column of the Schedule. (2) The research centres shall be headed by a director who shall be appointed by the Board. (3) The Minister may, upon advice of the Board and by Order published in the Gazette, amend, add to, vary or replace the centres specified in the Second Schedule. (c) National Agricultural Research Consultative Forum National Agricultural Research Consultative Forum - 12
AI-assisted research summary: This section creates the National Agricultural Research Consultative Forum and sets out how it is staffed, how long members serve, how often it meets, and who provides its secretariat.
12.-(1) There shall be a forum to be known as the National Agricultural Research Consultative Forum. (2) The Forum shall consist of- (a) the Chairman appointed by the Minister from amongst prominent agriculturist; (b) other members appointed by the Minister from institutions of the national agricultural research system as follows- (i) one member from the Ministry responsible for agriculture; (ii) Chief Executive Officers from public and private research institutes dealing with agricultural research; (iii) Directors responsible for research from learning related higher agricultural institutions; (iv) the Director General of Tanzania (v) Livestock Research Institute; the Director of Local Government authorities; (vi) ten representative of farmers organizations; (vii) a representatives of agribusiness; (viii) the Director General of the Tanzania and Science for Commission Technology; (ix) the Director General of the National Environmental Management Council; 14 No. 10 Tanzania Agricultural Research Institute 2016 (x) a representative from responsible for planning; the Ministry (xi) one representative from the Ministry responsible for trade and industries; (xii) one representative from the Ministry responsible for forestry; and (xiii) any other person appointed by the Minister who has knowledge in matters relating a representative of a library from one of the leading Agricultural Universities. agriculture and to (3) Every member of the Forum shall, except for a member appointed by virtue of his office, serve the office for a term of three years and shall be eligible for reappointment for one more term. (4) The Forum may co-opt any other member to attend its meetings depending on the agenda to be deliberated upon. (5) The Forum shall meet once a year but may, where a need arises and after consultation with the Chairman of the Forum, convene a meeting at such time and place as it considers convenient. (6) The Forum may form committees whose members shall be appointed from amongst the members of the Forum. (7) The Institute shall serve as the Secretariat to the Forum. (8) Procedures for regulating the affairs of the Forum shall be prescribed in the regulations. - 13 Verify source ↗
National Agricultural Research Consultative Forum
AI-assisted research summary: The Forum must run discussions and information-sharing for the national agricultural research system, and it must report its deliberations to the Director General.
13.-(1) The Forum shall have the following functions- (a) provide a platform discussions regarding challenges facing national agricultural research system; for deliberation and the (b) provide a platform for sharing information, knowledge and best practices among national agricultural research system institutions; and 15 Functions of the Forum No. 10 Tanzania Agricultural Research Institute 2016 (c) deliberate upon and provide advice on any other matter as the Forum may consider necessary for the better implementation of the provisions of this Act. (2) The Forum shall prepare a report on its deliberation and submit it to the Director General who shall work on the recommendations and submit the same to the Board. PART III OPERATIONS OF THE INSTITUTE Declaration of agricultural research themes Guidelines for coordination of agricultural research Contracting of agricultural research service providers
Part
PART III
- 14
AI-assisted research summary: Themes listed in the Third Schedule are agricultural research themes. The Minister may add or remove research themes from that list after consulting the Board and publishing a Notice in the Gazette.
14.-(1) The themes listed in the Third Schedule to this Act are declared to be agricultural research themes for the purposes of this Act. (2) The Minister may, after consultation with the Board and by the Notice published in the Gazette, declare any research theme to be added to or removed from the list in the Third Schedule. - 15
AI-assisted research summary: The Board may issue guidelines and directives for coordinating agricultural research, after consulting stakeholders in the national agricultural research system. Stakeholders must follow those guidelines and directives.
15.-(1) The Board may, after consultation with stakeholders in the national agricultural research system, issue guidelines and such directives as may be necessary for the coordination of agricultural research. (2) Every stakeholder shall abide to the guidelines and directives issued pursuant to this section. - 16
AI-assisted research summary: The Institute may, with Board approval, enter into a performance contract or arrangement with an agricultural research service provider. A provider must carry out agricultural research services under that contract.
16.-(1) The Institute may, upon approval of the Board, enter into performance contract or arrangement with an agricultural research service provider for carrying out agricultural research services. (2) An agricultural research service provider shall carry out agricultural research services in accordance with a performance contract from the Institute. 16 No. 10 Tanzania Agricultural Research Institute 2016 Information on agricultural research and allied scientific research to be furnished to the Institute Ownership of research discoveries - 17
AI-assisted research summary: People doing agricultural research in the country must give the Institute information about their research, and may also have to provide copies of records or findings when directed. The Institute and its staff must keep submitted research information confidential.
17.-(1) Any person who engages in agricultural research within the country shall, at his own expense, furnish to the Institute information relating to his research and shall, subject to intellectual property rights policies of the relevant institute that governs such research, make available to the Institute copies of any records or findings as may be directed by the Institute. (2) The information required to be furnished under subsection (1), shall be furnished in a manner prescribed by regulations. (3) The Institute and its personnel shall ensure confidentiality of all research information submitted to the Institute under subsection (1). (4) Any person who contravenes this section commits an offence. Institute may, - 18
AI-assisted research summary: The Institute gets ownership of discoveries or inventions made from publicly funded research, must register discoveries, and may deal with intellectual property rights, bonuses, and profit sharing under the Institute’s policy and regulations.
18.-(1) Where as a result of any research carried out using public funds by or on behalf of the Institute, anything discovered or invented, the discovery shall become the property of the Institute. (2) The the purposes of commercial exploitation of any discovery and if the Institute considers important for the use in relation to invention or improved technologies, techniques, processes, practices, products and services and their applications, arrange with any person to buy, sell, take or grant intellectual property rights in the discovery or invention, subject to the terms spelt out in the intellectual property policy of the Institute. for (3) The Institute shall register every discovery made as a result of research carried out under this Act in such form and upon such conditions prescribed the regulations. in (4) Where any discovery, invention or improvement is vested in the Institute under subsection (1), the Institute may- (a) award to the person the discovery, invention or improvement such bonus as agreed; or responsible for 17 No. 10 Tanzania Agricultural Research Institute 2016 (b) make provision for financial participation by that person in the profits derived from the discovery, invention or improvement, to such extent as the Institute may determine, after consultation with the Board and in accordance with the existing laws relating to intellectual property rights. (5) The Minister may, by regulations, prescribe the manner for protecting intellectual property, innovations, improvements and inventions arising out of agricultural research. - 19
AI-assisted research summary: If someone uses the Institute’s resources or facilities in research, they must not publish the results without the Institute’s approval, and they must submit a manuscript for approval.
19.-(1) Any person who, in his research, uses resources and facilities of the Institute, shall not publish or cause to be published the results of such research unless such person has obtained approval of the Institute. (2) For the purposes of obtaining approval pursuant to subsection (1), a person who intends to publish the results of findings shall submit to the Institute a manuscript of the publication for approval. (3) Subject to subsection (2), the Institute shall review the manuscript and upon satisfaction, recommend it for publication. - 20 Verify source ↗
Declaration of agricultural research themes
AI-assisted research summary: A person who wants to do certain agricultural or allied scientific research must first submit written proposals to the Institute.
20.-(1) Where a person desires to carry out any agricultural research and allied scientific research project- (a) of which the information shall be drawn from the Tanzania; or (b) for the benefit of the Tanzania but such research shall be carried out outside the Tanzania, he shall first submit his proposals in that behalf in writing to the Institute. (2) The Institute may hold consultations with the person who submits proposals, and make such decision in relation to the proposals taking into consideration the interests of agricultural research and allied scientific research in Tanzania. 18 Publication of agricultural research findings Coordination of agricultural research and allied scientific research carried outside Tanzania No. 10 Tanzania Agricultural Research Institute 2016 (3) A decision made by the Institute under subsection (2) shall be binding to person affected by it. Monitoring and evaluation of agricultural research - 21 Verify source ↗
Monitoring and evaluation of agricultural research
AI-assisted research summary: The Institute must monitor, assess, and support agricultural research, including planning, reporting, and coordination systems.
21.-(1) For effective planning, implementation and impact assessment of agricultural research, the Institute shall be responsible for- (a) tracking and assessing the extent of use and research outputs and get of adoption impact and effectiveness of feedback technologies; on (b) institutionalizing effective peer review system; (c) establishing commodity and or discipline national research coordinating committees; an research performance assessment system and developing results, outcome-and impact-based indicators; and (d) institutionalizing effective (e) institutionalizing an efficient progress reporting, communication and management information system. (2) The Institute shall in consultation with other relevant entities, formulate and periodically revise, a national plan for monitoring agricultural research and allied scientific research and shall undertake such monitoring activities. PART IV REGISTRATION OF AGRICULTURAL RESEARCH PROJECTS AND SERVICE PROVIDERS Registration of agricultural research service providers
Part
PART IV
- 22
AI-assisted research summary: A person may not provide agricultural research services unless registered by the Institute, and the Minister may make regulations about registration.
22.-(1) A person shall not provide or carry out agricultural research service under this Act, unless that person is registered by the Institute as an agricultural research service provider. (2) The Minister may, by regulations, prescribe the manner of registering agricultural research service providers and any other matters connected thereto. (3) Any person who carries out agricultural research 19 No. 10 Tanzania Agricultural Research Institute 2016 service without being registered pursuant to this section commits an offence. Registration of agricultural research projects - 23
AI-assisted research summary: A person may not start an agricultural research project unless it is registered by the Institute. Applicants must apply to the Institute, which may register, refuse, suspend, or cancel registration, and must give written reasons for refusal. Universities and certain research institutes may conduct agricultural research without Institute approval.
23.-(1) A person shall not implement an agricultural research project unless such project is registered by the Institute under this Act. (2) Any person who to register an agricultural research project shall make application to the Institute in such form as prescribed in the regulations. intends (3) The Institute may register an agricultural research project in a manner and subject to such conditions as prescribed in the regulations. (4) Where the Institute refuses to register an agricultural research project, the Institute shall inform the applicant in writing of the refusal and the reasons for such refusal. (5) The Institute may, for good cause, and after giving the person concerned an opportunity to show cause, suspend or cancel the registration of agricultural research project. (6) Notwithstanding the provisions of this section, a University or a research Institute established under the Universities Act or any other written law, shall conduct agricultural research or other related matters, without seeking an approval of the Institute. (7) Any person who implements an agricultural research project which is not registered pursuant to this section commits an offence. Research by foreign researchers - 24
AI-assisted research summary: A foreign researcher must submit a research proposal to the Institute for approval, and the Institute may not approve it unless the researcher has a local co-researcher.
24.-(1) A foreign researcher who intends to carry out research under this Act shall submit a research proposal to the Institute for approval. (2) The Institute shall not approve a research proposal submitted by a foreign researcher unless such foreign researcher has a local co-researcher. Register of agricultural - 25 Verify source ↗
Registration of agricultural research service providers
AI-assisted research summary: The Institute must keep a register of agricultural research service providers and agricultural research projects. The Minister may set the register’s form and what must be entered in it by Gazette regulations.
25.-(1) The Institute shall establish and maintain a register in which shall be entered- (a) agricultural research services providers registered 20 No. 10 Tanzania Agricultural Research Institute 2016 research and allied scientific research pursuant to this Act; (b) agricultural research projects. (2) For the purposes of subsection (1), the Minister may, by regulations published in the Gazette, prescribe the form and entries to be entered in the register. research and allied scientific PART V FINANCIAL PROVISIONS Establishment of Fund
Part
PART V
- 26
AI-assisted research summary: This section establishes the Agricultural Research Development Fund and sets out how it is financed, managed, audited, and reported on.
26.-(1) There shall be established a fund of the Institute to be known as the “Agricultural Research Development Fund.” (2) The objectives of the Fund shall be to facilitate and support agricultural research and such other functions of the Institute. (3) The Sources of the Fund shall comprise of - (a) such sums of money as may be appropriated by the Parliament; (b) any sum payable as donation, bequests, gifts or grant made or given to the Fund by other agencies, institutions, persons or other international organizations; government or (c) any sums of money as the Institute may receive as fees for any service rendered by it; and (d) any property which may in any manner become receivable into the Fund. (4) The Minister may make regulations prescribing for the management, functions, operation and use of the Fund upon consultation with the Minister responsible for Finance. (5) The Board shall, at any time, and at the end of each financial year have the accounts of the Fund audited by the Controller and Auditor General. (6) The Board shall submit to the Minister the 21 No. 10 Tanzania Agricultural Research Institute 2016 Powers to borrow and invest report under subsection (2) and the annual report providing information for the activities of the Fund during the previous year ending on the 30th June. (7) The Minister shall cause to be tabled to the National Assembly a statement of audited accounts and reports of the Fund. - 27
AI-assisted research summary: The Institute may borrow or invest money only with the required approvals, and it must use its funds only for the listed Institute purposes.
27.-(1) Subject to the prior approval of the Minister and the Minister responsible for finance, the Institute may borrow money by way of loan or overdraft and upon such to security and such repayment of the principal and payment of interest, subject to any directives given by the Minister. terms and conditions relating (2) With the prior approval of the Minister, the Institute may, invest any part of its moneys. (3) The funds of the Institute shall be utilised for the purposes of- (a) meeting costs of projects, implementing agricultural research infrastructure development, research operational costs and commercialization of research products; research (b) the acquisition of land, equipment, materials and other assets; (c) the training or capacity building of experts or farmers engaged in the agricultural research; and (d) meeting any expenses of the Institute. Superannuatio n benefits - 28
AI-assisted research summary: The Board may give retirement-related benefits to Institute employees, create and fund superannuation or medical benefits funds, and require employee contributions.
28. Subject to the provisions of any written law for the time being in force relating to pensions, the Board may- (a) grant gratuities or other retirement allowances or benefits to the employees of the Institute; (b) establish and contribute to a superannuation fund or a medical benefits fund for the employees of the Institute; (c) require any employee of to contribute to the superannuation fund or medical the Institute 22 No. 10 Tanzania Agricultural Research Institute 2016 Annual and supplementary budget benefits fund and fix the amounts and method of payment of the contribution. - 29
AI-assisted research summary: The Board must prepare and submit budgets for Ministerial approval, and the Board may only spend within approved budget items unless it gets the Minister’s written sanction or follows the supplementary-budget process.
29.-(1) The first financial year of the Institute shall commence on the date when the Act comes into operation and may be of a period longer or shorter than twelve months. (2) The Board shall, not less than two months before the commencement of every financial year and at a meeting, pass a detailed budget of the amounts respectively- (a) expected to be received; or (b) expected to be disbursed, by the Institute during that financial year, and whenever the Board may pass a circumstances so supplementary budget in any financial year. require, (3) The annual budget and every supplementary budget shall be in such form and include details as the Minister may approve. (4) Upon passing of any budget or supplementary budget, the Board shall submit to the Minister for approval the annual budget or the supplementary budget as the case may be. (5) The Minister shall, upon receipt of the annual budget or any supplementary budget, approve or disapprove it, or may approve it subject to any amendments which he may deem fit. (6) Where the Minister approves any annual or supplementary budget, with or without amendment, the Board shall confine the disbursements of the Institute within the items and amounts contained in the applicable estimates as approved by the Minister. (7) The Board may- (a) with the written sanction of the Minister, make a the disbursement disbursement is not provided for in any budget; (b) adjust expenditure limits to take account of notwithstanding that, 23 No. 10 Tanzania Agricultural Research Institute 2016 Account and audit Caps. 348 the budget was prepared, subject to circumstances not reasonably foreseeable at the to time submitting a supplementary budget the Minister within two months of the alteration of expenditure limits becoming necessary. - 30
AI-assisted research summary: The Director General must keep proper accounts and prepare an income-and-expenditure statement within three months after each financial year. The Institute’s accounts must be audited within three months, placed before the Board, and submitted to the Minister within six months after year end.
30.-(1) The Director General shall keep proper books of accounts and shall, within and not later than three calendar months after the end of each financial year, prepare a statement of income and expenditure during the financial year. (2) The accounts including the balance sheet of the Institute shall, within three months of the close of every financial year be audited by the Controller and Auditor General in accordance with the Public Audit Act. (3) Every audited accounts shall be placed before a meeting of the Board and, if adopted, it shall be endorsed with a certificate to that effect. (4) As soon as the accounts of the Institute is audited, and in any case not later than six months after the close of the financial year, the Institute shall submit to the Minister a copy of the audited statement of accounts together with a copy of the report on that statement made by the auditors. 24 No. 10 Tanzania Agricultural Research Institute 2016 Annual report of the Institute - 31 Verify source ↗
Funds and Resources of the Institute
AI-assisted research summary: The Board must prepare and submit a report to the Minister within six months after the financial year ends, together with audited accounts, auditors’ reports, and any other information the Minister directs.
31. The Board shall, within six months after the close of the financial year, cause to be prepared and submitted to the Minister a report on activities on operation s undertaken by the Institute during that financial year and accompanied by- (a) a copy of the audited accounts; (b) a copy of the auditors’ reports on the accounts; and (c) such other information as the Minister may direct. Laying of accounts before National Assembly - 32 Verify source ↗
Laying of accounts before the National Assembly
AI-assisted research summary: The Minister must lay the Institute’s audited accounts, the auditor’s report, and the annual report before the National Assembly as soon as practicable after receiving the report.
32. The Minister shall, as soon as practicable after receiving the report, lay before the National Assembly the audited accounts of the Institute together with the auditor's report of the accounts and the annual report of the Institute. PART VI GENERAL PROVISIONS Penalties for offences
Part
PART VI
- 33
AI-assisted research summary: If someone is convicted of an offence under this Act and no specific penalty is set, section 33 imposes fines and possible imprisonment; section 34 gives good-faith functionaries protection from liability.
33. A person who is convicted of an offence under this Act to which no specific penalty has been prescribed shall be liable: (a) in the case of an individual, to a fine of not less than five hundred thousand shillings and not exceeding or imprisonment for a term of six months or to both; one million shillings, (b) in the case of a subsequent offence, to a further fine of not less than two million shillings and not exceeding shillings or imprisonment for a term of twelve months or to both; five million (c) in the case of a corporation, to a fine of not less than one million shillings and in the case of a subsequent offence, to a further fine of not less than five million shillings. 25 No. 10 Tanzania Agricultural Research Institute 2016 Indemnity Appeals 34. No matter done by any person exercising or purporting to exercise any function under this Act or under any subsidiary legislation made under this Act shall, if done in good faith in the execution or purported execution of his functions under any of the provisions of this Act or such subsidiary legislation, render such person to any action, liability, claim or demand whatsoever. - 35
AI-assisted research summary: A person aggrieved by the Institute’s decision may appeal to the Minister within 21 days, and the Minister must decide the appeal within 30 days after it is lodged.
35.-(1) Any person aggrieved by the decision of the Institute regarding implementation of the provisions of this Act may, within twenty one days upon receipt of such decision, appeal to the Minister. (2) The Minister shall determine the appeal and issue his decision on the appeal within thirty days from the date of lodging the appeal. Power to make regulations - 36
AI-assisted research summary: The Minister may make regulations to carry out this Act, including rules on registration, research procedures, fees, monitoring, publication, standards, submissions, contracting, databases, rewards, appeals, and other prescribed matters.
36.-(1) The Minister may, make regulations for the better carrying out the provisions of this Act. (2) Without prejudice to the generality of subsection (1), the Minister may make regulations for- (a) the registration procedures for- (i) agricultural research service providers; (ii) agricultural research projects; (b) conducting agricultural research; (c) prescribing for payment of fees payable under this Act; (d) conducting monitoring and evaluation; (e) prescribing for modalities of publication of agricultural research findings; (f) the setting of standards and a code of conduct of the agricultural research service providers; (g) prescribing procedures of submission to the Institute of research project proposals; (h) prescribing procedures for contracting research; (i) prescribing the manner of maintaining of database for agricultural research information; other technologies by the Institute; 26 No. 10 Tanzania Agricultural Research Institute 2016 Transfer of assets and liabilities Provisions regarding employees of the Institute (j) prescribing rewarding system for researchers of the Institute; (k) providing for the manner of handling appeals; and (l) prescribing any other matter or thing which is to be prescribed or required or necessary provided under this Act. - 37
AI-assisted research summary: The Institute takes over specified property, assets, liabilities, and trusts, and the transferred land must be used only for the Institute’s activities as approved by the Board.
37.-(1) All property and assets which immediately before the commencement of this Act were vested in the Division of Research and Development of the Ministry and its institutes taken over pursuant to section 11 shall belong to the Institute. (2) The Institute shall assume all liabilities and trusts affecting the property and assets mentioned in subsection (1). (3) All land held by the institutes taken over pursuant to section 11 shall be exclusively used for the activities of the Institute as may be approved by the Board and shall be managed or used in such manner desirable for the better performance of the functions of the Institute. (4) Any agreement or similar arrangement made by the institute taken over pursuant to section 11 shall continue to be in force until terminated in accordance with the terms and conditions of the agreement or arrangement. - 38 Verify source ↗
Penalties for offences
AI-assisted research summary: Employees of the Division of Research and Development of the Ministry must be transferred to the Institute from the effective date, and transferred employees must keep employment terms no less favourable than before.
38.-(1) Subject to this Act, all employees of the Division of Research and Development of the Ministry shall, with effect from the effective date, be transferred to and be employees of the Institute. (2) With effect from effective date every employee transferred to the institute under subsection (1) from the Division of Research and Development of the Ministry and its research institutes shall be employed by the Institute on terms and conditions not less favourable than those applicable to him before the transfer. (3) Until such time as new scheme and terms and conditions of service are drawn up by the Institute, the schemes and terms and conditions of service in the Division 27 No. 10 Tanzania Agricultural Research Institute 2016 of Research and Development of the Ministry and its research Institutes shall continue to apply to every person transferred under subsection (1) to the service as if he was still in the service of the Division. (4) Where any person who is transferred to the service of the Institutes under this section is a member of any statutory or voluntary pension scheme or provident fund he shall, for the purposes of this Act, continue to be governed by the same regulations under those schemes or funds as if he has not been transferred to the service of the Institute. (5) For avoidance of doubt and for the purposes of the regulations governing the pension scheme and provident fund, the service of employees transfer under this section from Division of Research and Development of the Ministry and its research institutes shall be deemed to be service of the Institute. (6) For the purpose of this section “effective date” means the date of coming into operation of this Act. _______ SCHEDULES ________ 28 No. 10 Tanzania Agricultural Research Institute 2016 __________ FIRST SCHEDULE _________ (Made under section 5(5)) ___________ PROCEDURES AND OTHER AFFAIRS OF THE BOARD Vice Chairman
Part
SCHEDULES
- 1
AI-assisted research summary: At its first meeting, the members must elect one of their own present members as Vice-Chairman of the Board.
1. The members shall, in their first meeting elect one of their members present to be the Vice-Chairman of the Board and shall, subject to his continuing to be a member holding the office for a term of three years from the date of election, and shall be eligible for re-election. Procedures of the Board Conflict of interest Tenure of office of members of the Board Alternate members Meetings and procedures of the Board - 2 Verify source ↗
Short title and commencement
AI-assisted research summary: The Board must regulate its own procedure and conduct its business in line with the Act and Regulations.
2. The Board shall regulate its own procedure and the conduct of its business in conformity with this Act and Regulations. - 3
AI-assisted research summary: A Board member with a conflict of interest about a matter before the Board must declare the interest, and the Board must not let that member take part in the decision.
3. Any Board member who has a conflict of interest related to any matter being discussed by the Board shall be required to declare interest and the Board may not allow him to participate in decision making concerning that matter. - 4
AI-assisted research summary: A member serves for three years unless the appointment ends earlier, can be re-appointed for one more term, and may resign by written notice to the appointing authority.
4.-(1) A member shall, unless his appointment is terminated by the appointing authority or ceases in any other way to be a member, hold office for the period of three years and shall be eligible for re-appointment for one more term. (2) Any member appointed under this Act may at any time resign his office by giving notice in writing to the appointing authority and from the date specified in the notice or, if no date is so specified, from the date of the receipt of the notice by the appointing authority, he shall cease to be a member. - 5
AI-assisted research summary: If a member dies, resigns, or otherwise leaves office before the term ends, the appointing Authority must appoint a replacement.
5. Where a member dies or resigns or otherwise vacates from the office before the expiry of the term of office, the appointing Authority shall appoint another person in place of such member who shall hold office for the remainder of the term of office of his predecessor. - 6
AI-assisted research summary: The Board must meet at least four times a year. The Chairman presides at Board meetings and may call an extra meeting in an emergency. If the Chairman is absent, the Vice-Chairman presides.
6.-(1) The Board shall hold its meetings at least four times in a year for the transaction of its business. (2) Notwithstanding the provision of subparagraph (1), The Chairman may, in case of an emergency that needs the decision of the Board, convene an extra ordinary meeting on such date and place to be determined by the Chairman. (3) The Chairman shall preside at all meetings of the Board. 29 No. 10 Tanzania Agricultural Research Institute 2016 (4) Where at any meeting of the Board the Chairman is absent the Vice- Chairman shall preside. Quorum for the meeting - 7 Verify source ↗
Establishment of Tanzania Agricultural Research Institute
AI-assisted research summary: Board decisions must be unanimous, unless there is disagreement, when a majority vote decides; Board meetings need a quorum of half the members in office.
7.-(1) All decisions of the Board shall be arrived at unanimously, except in the case of disagreement the decision shall be made by a majority vote. (2) The quorum at any meeting of the Board shall be half of members in office. Minutes of Board 's Meetings - 8
AI-assisted research summary: The Board must keep minutes of its meetings and have them read, confirmed, amended and confirmed at the next meeting, then signed by the person presiding.
8.-(1) The Board shall cause to be recorded and kept minutes of all business conducted or transacted at its meeting and the minutes of each meeting of the Board shall be read and confirmed or amended and confirmed, at the next meeting of the Board and signed by the person presiding at the meeting. (2) Any minutes purporting to be signed by the person presiding at a meeting of the Board shall, in the absence of proof or error, be deemed to be a correct record of the meeting, whose minutes purport to be. Vacancies etc not to invalidate proceedings - 9
AI-assisted research summary: The Board’s acts or proceedings remain valid even if there is a vacancy among its members or a defect in someone’s appointment.
9. The validity of any act or proceedings of the Board shall not be affected by any vacancy amongst its members or by any defect in the appointment of any of them. Notices or directions - 10
AI-assisted research summary: Board-issued notices and other documents must be signed by the Chairman, the Secretary, or an officer authorised in writing by the Secretary.
10. All notices or other documents issued by or on behalf of the Board shall be signed by: (a) the Chairman; or (b) the Secretary or any officer or officers of the Board authorised in writing in that behalf by the Secretary. _________ SECOND SCHEDULE ____________ (Made under section 11 (3)) ____________ AGRICULTURAL RESEARCH CENTRES UNDER THE INSTITUTE __________________ S/N FORMER NAME OF THE INSTITUITE - 3
AI-assisted research summary: This provision lists agricultural research institutes/centres and their locations.
3. Ilonga Agricultural Research Institute Mlingano Agricultural Research Institute Kibaha Sugarcane Research Institute NAME OF THE CENTRE TARI-Ilonga Centre Kilosa, LOCATION TARI-Mlingano Centre TARI-Kibaha Morogoro Muheza, Tanga Kibaha, Pwani 30 No. 10 Tanzania Agricultural Research Institute 2016 - 9
AI-assisted research summary: This section lists several agricultural research institutes and stations by name.
9. Mikocheni Agricultural Research Institute KATRIN Agricultural Research Institute Dakawa Agricultural Research Institu te Makutopora Viticultural Research Institute Hombolo Agricultural Experimental Station Ukiriguru, Agricultural Research Institute - 10
AI-assisted research summary: Section 10 names the Maruku Agricultural Research Institute.
10. Maruku Agricultural Research Institute - 11 Verify source ↗
Appointment and duties of the Director General
AI-assisted research summary: This section is titled “Selian Agricultural Research Institute.”
11. Selian Agricultural Research Institute - 12
AI-assisted research summary: This provision names Tengeru Agricultural Research Institute.
12. Tengeru Agricultural Research Institute - 13 Verify source ↗
National Agricultural Research Consultative Forum
AI-assisted research summary: This section is titled “Naliendele Agricultural Research Institute.”
13. Naliendele Agricultural Research Institute - 15
AI-assisted research summary: This section names the Uyole Agricultural Research Institute Kifyulilo Experimental Station.
15. Uyole Agricultural Research Institute Kifyulilo Experimental Station - 16
AI-assisted research summary: This schedule lists TARI research centres and states that it is made under section 14(1).
16. Tumbi Agricultural Research Institute Centre TARI- Mikocheni Centre TARI-Ifakara Centre Kilombero, Kinondoni, Dar es Salaam Morogoro Mvomero, Morogoro, Dodoma TARI-Dakawa Centre TARI-Makutopora Centre TARI-Hombolo Centre TARI-Ukiriguru Centre TARI-Maruku Centre TARI-Selian Centre Arumeru, Chamwino, Dodoma Misungwi, Mwanza Bukoba, Kagera Arusha Arumeru, TARI-Tengeru Arusha Centre Mtwara Urban TARI-Naliendele Centre Mtwara TARI-Uyole Centre Mbeya TARI-Kifyulilo Centre TARI-Tumbi Centre Uyui, Tabora Mufindi, Iringa _________ THIRD SCHEDULE ________ (Made under section 14 (1)) _______ AGRICULTURAL RESEARCH THEMES _______ - 2 Verify source ↗
Short title and commencement
AI-assisted research summary: This section lists crop improvement and crop protection subject areas, including breeding, GAP recommendations, plant genetic resources, pest and disease management, and weed and invasive species management.
2. Crop Improvement (a) breeding for improved crop varieties; (b) develop recommendations for Good Agricultural Practices (GAP) under rain fed and irrigated farming; (c) collection, conservation and sustainable utilization of plant genetic resources; and (d) any other emerging issues. Crop Protection: (a) integrated pest management; (b) integrated disease management; (c) weeds and invasive species management; (d) any other emerging issues. 31 No. 10 Tanzania Agricultural Research Institute 2016 - 3
AI-assisted research summary: This provision lists post-harvest research topics: handling, processing, packaging, storage, and other emerging issues.
3. Post-Harvest Research (a) handling; (b) processing; (c) packaging; (d) storage; (e) any other emerging issues. - 4
AI-assisted research summary: This provision lists land use and water management موضوعs, including soil fertility, water conservation, irrigation technologies, and related emerging issues.
4. Land use and water management (a) soil fertility, plant nutrition, conservation agriculture and erosion control; (b) soil mapping, land resources inventory and evaluation; (c) water conservation and water quality analysis; (d) efficient and sustainable irrigation technologies; and (e) any other emerging issues. - 5
AI-assisted research summary: This provision lists agroforestry activities such as screening tree species, developing sustainable management systems, managing genetic resources, and other emerging issues.
5. Agroforestry (a) screening of multipurpose trees species for suitability as fuel wood, fodder or for soil fertility improvement, border and shade; (b) developing sustainable management systems that incorporate trees and shrubs into crop/livestock systems; (c) genetic resources management, conservation and sustainable utilization of trees and shrubs; (d) any other emerging issues. - 6
AI-assisted research summary: This provision lists environmental management and climate resilience activities such as agricultural planning, biodiversity research, and pollution-control measures.
6. Environmental Management and Climate Change Resilience (a) development of new tools for risk-based agricultural planning and operational techniques to address less predictable weather patterns and potential shifts of agro-ecological zones; (b) research in loss of biodiversity due to over-exploitation; (c) development of measures to control pollution and degradation of natural - 7 Verify source ↗
Establishment of Tanzania Agricultural Research Institute
AI-assisted research summary: This section lists agricultural research and innovation areas, including crop variety development for climate adaptation and biotechnology-related research topics.
7. resources; (d) development of varieties of different crops for climate change adaptation purposes; (e) research in agricultural technologies, techniques, and innovative adaptive measures appropriate to given agro-ecological zones; (f) any other emerging issues; (g) agro-climatology. Biosciences and Biotechnology Innovations All emerging scientific innovation and technologies that enhance sustainable agricultural growth and development such as: (a) marker assisted breeding; (b) tissue culture; (c) genetic engineering; (d) biosafety research; (e) disease diagnostics; (f) bioinformatics; (g) genomics; (h) proteomics; (i) gene tilling; 32 No. 10 Tanzania Agricultural Research Institute 2016 (j) metabolomics; and (k) any other emerging issues. - 8
AI-assisted research summary: This section lists socio-economic and marketing research topics, including farming systems, client groups, technology transfer, marketability, and related agricultural studies.
8. Socio-economics and Marketing Research (a) characterization and analysis of farming system and client groups to enhance research targeting; technology transfer, adaptation and adoption by stakeholders; validation and up-scaling and out-scaling of agricultural indigenous knowledge, technologies and techniques; impact and research spillover studies of adapted and adopted technologies and return including documentation and dissemination; entrepreneurship and farm enterprise development; analysis of institutional policy-induced constraints to technology development along the value-chain; research and marketability of Tanzanian agricultural produce in regional and international supply chains; impact studies of agricultural technologies on labor and gender relations; any other emerging issues. competitiveness to research investment; enhance factors that in (b) (c) (d) (e) (f) (g) (h) (i) - 9
AI-assisted research summary: This provision lists technology transfer activities such as on-farm trials, field days, field schools, communication strategies, documentation, and dissemination of agricultural research.
9. Technology Transfer (a) testing technologies with farmers (on-farm trials) in collaboration with extension agents; (b) farmers field days at research institutes; (c) farmer field schools; (d) developing and executing communication strategies including print, audio, visual and electronic media; (e) documentation and technologies to users; dissemination of agricultural research (f) access and assessment of technologies in order to screen and adapt for dissemination; and (g) any other emerging issues. - 10
AI-assisted research summary: This provision lists agricultural engineering topics, including research on farm implements, animal power traction, processing technologies, mechanization-adapted varieties, tillage systems, agricultural waste management, and related emerging issues.
10. Agricultural Engineering (a) collaborative research on testing farm implements and the use of animal power traction; (b) processing technologies; (c) screening for varieties that are adapted for mechanization; (d) tillage systems/techniques; (e) sustainable management of agricultural waste; and (f) any other emerging issues. - 11 Verify source ↗
Appointment and duties of the Director General
AI-assisted research summary: This section lists crosscutting themes for agricultural research, including intellectual property, information and ICT management, research standards, collaboration, alternative energy, and gender mainstreaming.
11. Crosscutting Themes (a) intellectual property management of developed research products and services; 33 No. 10 Tanzania Agricultural Research Institute 2016 (b) information management information/ict systems; and development of integrated (c) formulation of research standards, codes of ethics, conduct and practice, and guidelines for delivery of agricultural research services; (d) collaboration and linkages with local government authorities, national institutions, regional networks and international organizations dealing with and supporting agricultural research and development; the purpose being sharing knowledge, to conduct collaborative experiences, technologies and resources research and (a) alternative sources of energy such as solar, biogas, wind and biofuel; and (b) gender mainstreaming; (c) any other emerging issues. Passed by the National Assembly on the 15th September, 2016. THOMAS DIDIMU KASHILILAH, Clerk of the National Assembly 34
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The Tanzania Agricultural Research Institute Act, 2016
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