National Agricultural Research Act, 2005 — Esheria

Statute

National Agricultural Research Act, 2005

Act 19 of 2005 Country: Uganda As of: 21 Nov 2005 Status: Repealed Sections: 62
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Section 1

Preliminary - Citation

Part I: Preliminary

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

Section 2

Preliminary - Interpretation

Part I: Preliminary

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 invest...

Section 3

Preliminary - Purpose of this Act

Part I: Preliminary

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; p...

Section 4

Preliminary - Objects of agricultural research

Part I: Preliminary

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 10

Institutional arrangements - Disqualification from appointment as member of the council

Part II: Institutional arrangements

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 11

Institutional arrangements - Tenure of office of council members

Part II: Institutional arrangements

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 12

Institutional arrangements - Remuneration of council members

Part II: Institutional arrangements

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 13

Institutional arrangements - Meetings of the members of the council

Part II: Institutional arrangements

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 14

Institutional arrangements - Functions of the council

Part II: Institutional arrangements

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 th...

Section 15

Institutional arrangements - Secretariat and staff of organisation

Part II: Institutional arrangements

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 16

Institutional arrangements - Functions of director general

Part II: Institutional arrangements

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 manag...

Section 17

Institutional arrangements - Vacation of office by the director general

Part II: Institutional arrangements

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 18

Institutional arrangements - Other staff

Part II: Institutional arrangements

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 19

Institutional arrangements - Committees of the council

Part II: Institutional arrangements

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 20

Institutional arrangements - The finance, scientific and users committees

Part II: Institutional arrangements

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, econ...

Section 5

Institutional arrangements - Establishment of the national agricultural research organisation

Part II: Institutional arrangements

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 6

Institutional arrangements - Object of the organisation

Part II: Institutional arrangements

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 7

Institutional arrangements - Functions of the organisation

Part II: Institutional arrangements

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 guidan...

Section 8

Institutional arrangements - Other functions of the organisation

Part II: Institutional arrangements

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 9

Institutional arrangements - The members of the council

Part II: Institutional arrangements

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...

Section 21

Provision of agricultural research service - Provision of agricultural research services

Part III: Provision of agricultural research service

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 22

Provision of agricultural research service - Common functions of agricultural research service providers

Part III: Provision of agricultural research service

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...

Section 23

Provision of agricultural research service - Registering of agricultural research service providers

Part III: Provision of agricultural research service

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 24

Provision of agricultural research service - Guidelines for carrying out agricultural research

Part III: Provision of agricultural research service

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 25

Provision of agricultural research service - Contracting of agricultural research service providers

Part III: Provision of agricultural research service

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 26

Provision of agricultural research service - Functions of universities and tertiary institutions

Part III: Provision of agricultural research service

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 27

Provision of agricultural research service - Functions of the private sector and civil society organisations

Part III: Provision of agricultural research service

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 28

Establishment of public agricultural research institutes - Establishment of public agricultural research institutes

Part IV: Establishment of public agricultural research institutes

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 29

Establishment of public agricultural research institutes - Operation of a public agricultural research institute

Part IV: Establishment of public agricultural research institutes

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 30

Establishment of public agricultural research institutes - Establishment of other public agricultural research institutes

Part IV: Establishment of public agricultural research institutes

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 31

Establishment of public agricultural research institutes - Functions of a public agricultural research institute

Part IV: Establishment of public agricultural research institutes

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 32

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

Part IV: Establishment of public agricultural research institutes

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...

Section 33

Establishment of public agricultural research institutes - Functions of the management committee

Part IV: Establishment of public agricultural research institutes

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...

Section 34

Establishment of public agricultural research institutes - Tenure of office of the management committee

Part IV: Establishment of public agricultural research institutes

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 35

Establishment of public agricultural research institutes - Remuneration of management committee

Part IV: Establishment of public agricultural research institutes

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 36

Establishment of public agricultural research institutes - Funds of a public agricultural research institute

Part IV: Establishment of public agricultural research institutes

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 37

Establishment of public agricultural research institutes - Meetings of the management committee

Part IV: Establishment of public agricultural research institutes

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 38

Farmers’ fora and other farmers’ groups or organisations - Farmers’ fora and other farmers’ groups or organisations

Part V: Farmers’ fora and other farmers’ groups or organisations

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 39

Discoveries, inventions and improvements by agricultural research services providers - Rights of patents, inventions etc

Part VI: Discoveries, inventions and improvements by agricultural research services providers

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...

Section 40

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

Part VI: Discoveries, inventions and improvements by agricultural research services providers

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 41

Finance - Agricultural Research Trust Fund

Part VII: Finance

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 42

Finance - Utilisation of the Agricultural Research Trust Fund

Part VII: Finance

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 43

Finance - Funds of the organisation

Part VII: Finance

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...

Section 44

Finance - Estimates

Part VII: Finance

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 45

Finance - Use of funds

Part VII: Finance

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 con...

Section 46

Finance - Financial year

Part VII: Finance

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 47

Finance - Books of account

Part VII: Finance

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...

Section 48

Finance - Duty to operate on sound financial principles

Part VII: Finance

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 49

Finance - Power to open and operate bank accounts

Part VII: Finance

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 50

Finance - Borrowing powers

Part VII: Finance

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.