Caribbean Agricultural Research and Development Institute Act (Act 6 of 1988)

GUYANA ACT '�. 6 of 1988 ' .. CARIBBEAN AGRICULTURAL RESEARCH AND DEVEI OPMENT INSTITUTE ACT 1988 I assent. H. D. HOYTE. President. ARRANGEMENT OJ;<' SECTIONS SECTION 1. Short title. 2. �rpretation. 3. . :in provisions of · Agreement to have force of law. 4. Certificate of Miimter conclusive as to contents. 5. Financial provisions. 1988 \ PRINTED BY GUYA:SA NATIONAL PRINTERS LTD. • No. 61 LAWS OF GUY ANA [A.D. 1988 ·--·-»·-···------ ------------· 6. Restriction on use of name. j 7. Amendment of Schedule 8. Regulations. SCHEDULE A.D. 1988 Short tltJe. Inter pretatlon Certain pro visions of Agreement to have force of law. Certifficate of Minister conducive as to contents Financial provisions. Restlrictlon on use of name, AN ACT to provide for the implementation by Guyana of the Agreement establishing the Caribbean Agricultural Research and Development Institute. Enacted by the Par]iament of Guyana: 1. This Act may be cited as the Caribbean Agricultural Re s.3arch and Devdopment Institute Act 1988. Schedule 3. Guyana. 2. (1) In this Act (a) "Agreement" means the Agreement es­ tab]ishing the Caribbean Agricultural Research and Development Institute ·set out in the Schedulie; (b) "Institute" means the Caribbean Agricul­ tural Research and Development Institute established by the Agreement. (2) The r,eference in paragraph l of Article 15 of the Agreement to the t.:fiect that the Institute shall possess full Juridical personality sha11 be construed as meaning that th0 Institute is a body corporate. Article 15 of the Agreemwt shall have the force of law in 4. If in any proce:xiing,.s a questjon aris,es as to the entitle ment of the Institu'.c or any other nerson to any immunities or privileges under the Agreement. a certificate issued by or under the authoritv of the Minister to the effect that the Institute or other person {s or is not entitled shall be c�usive evidence of the fact. 5. (1) All sums required to be paid by the Government for the purpose of meeting the obligations of Guyana under the Agreement are charged on the Consolidated Fund. (2) All sums received by the Government from the Institute shall be paid into the Consolidated Fund. / ' 6. A person who without the consent in writing of the Minister, uses in connection with anv trade or business the name. "Caribbean Agricultural Research and Development Institute" or any name so nearly msembling it as to be likely to deceive is guilty of an offence and is liable on summary conviction to a fine of four thousand do11ars and to imprisonment for a term of twelve months. A.D. 19881 3 CARIBBEAN AGRICULTURAL RESEARCH DEVELOPMENT INSTITUTE [No. 6 · , 7. (1) Where Guyana becomes a party to any agreement to !f e:==• amend the Agreement the Minister may, by order, '!mend the Schedule by including therein the amendment. {2) An order made under s�bsection \1� may. cont�in such consequential, supplemental or ancillary prov�si.ons (mcludmg pro· visions amending this Act) as appear to the Mimster to be necessary or expedient for the purpose of giving due effect to the amendment of the Agreement as mentioned aforesaid. (3) Where the Agreement in the Schedule is amended pursuant to this section any reference in this Act or any other instrument to the Agreement shall, unless the context otherwise requires, be con­ strued as a reference to the Agreement as so amended. (4) Every order made under this section shall be subject to negative resolution of the National Assembly. 8. The Minister may make regulations for giving effect to ,aeawattons the provisions of this Act. s. 2(1) SCHEDULE AGREEMENT ESTABLISHING THE CARIBBEAN AGRICULTURAL RESEARCH AND DEVELOPMENT INSTITUTE THE CONTRACTING PARTIES: SHARING a common determination to promote social stability and a better quality of life for the peoples of the Region; RECOGNISING the merits of a regional organisation for agricultural re­ search and development; A WARE that the solution to the problems of agriculture on a regional basis will complement the current efforts towards regional economic integration and particularly the efforts towards regional co-operation in agricultural de­ Vielopment; . CONSCIOUS of the ne&l for efficient and adequate national extensionservices; . • CONVINCED that the establishment of a regional institution for agricul­ tural research and devielopment will facilitate the achievements of these need,s; HEREBY AGREE AS FOLLOWS: ARTICLE 1 ESTABLISHMENT The Caribbean Agricultural Research and Development Institute (herein­ after referred to as "the Institute") is hereby estah1i5hed having the membership, powers and functions hereinafter specified. No. 61 4 LAWS OF GUYANA ARTICLE 2 MEMBERSHIP [A.D. 1988 1. Membership of the Institute shall be open to (a) States listed in the Annex to this Agreement; (b) Any other State of the Caribbean Region which becomes a Member or Associate Member of the Caribbean Community. 2. The State listed in the Annex to this Agreement, the Governments of which sign this Agreement in accordance with Article 1.8 and ratify it in accord­ ance with Article 19 shall become Members of the Institute. ARTICLE 3 OBJECTS OF THE INSTITUTE I 1. The objects of the Institute shall be {a) to provide for the research and development needs of the agricul­ ture of the Region as identified in national plans and policies; (b) to provide an appropriate research and development service to the agricultural sector of Member States; (c) to provide and extend the application of new technologies in pro­ duction, processing, storage and distribution of agricultural pro­ ducts of Member States; (d) to pursue for specified periods long-term research in pertinent areas; (e) to provide for the co-ordination and integration of the research and development efforts of Member States where this is possible and desirable; (f) to undertake teaching functions normally at the post-graduate level, limited to the development of the relevant research by any Member State; (g) to seek to achieve the optimuny�centralisation of facilities. 2. For the purposes ?f this Article the Institute may take such action as may be necessary or expedient for the attainment of its objects and the per­ formance of its functions. ARTICLE 4 STRUCTURE The Institute shall have -.. (a) a Governing Body; A.D. 1988] s CARIBBEAN AGRICULTURAL RESEARCH AND DEVELOPMENT INSTITUTE [No. 6 (b) a Board of Directors with a Chairman and Deputy Chairman; (c) an Executive Director; and (d) such other officers and staff as may be necessary. ARTICLE 5 GOVERNING BODY OF THE INSTITUTE The Standing Committee of Ministers responsible for Agriculture (here� inafter referred to as the Standing Committee") shall be the Governing body of the Institute. 2. Without prejudice to the gene.ralW.es of paragraph 1 of this Article the Standing Committee shall have the power to (a) give general or specific policy directions to the Board of Directors; (b) appoint an Executiv.e Director after it has considered the r�com­ mendation of the Board of Directors and has consulted w:th the Univen;ity of the West Indies; (c) appoint the Chairman of the Board of Directors; (d) authorise agreements to be entered into with third countries or other entities; (e) approve the budget of the Institute to be prepar.ect annu:illy for the next following three financial years; (f) approve the· work programmes annually for the next following three financial years.; ARTICLE 6 MEMBERSHIP OF THE BOARD ·� I. The composition or•'the Board of Directors (hereinafter referred to as .. The Board") sha11 be as follows (a) One Member nominated by (i) the Government of Barbados; (ii) the Government of Belize; (iii) the Government of .Guyana; [A.D. 1988 6 CARIBBEAN AGRICULTURAL RESEARCH AND DEVELOPMENT INSTITUTE (iv) the Government of Jamaica� (v) the Government of Trinidad and Tobago: [No. 6 (vi) the Governments of Dominica, Grenada, Saint Lucia and Saint Vincent and the Grenadines; (vii) the Governments of Antigua, Saint Christopher and Nevi.i.; and Montserrat; (viii) the University of Guyana; (ix) the Caribbean Community Secretariat; (x) the Caribbean Development Bank; (xi) the Caribbean Food Corporation; (b) The Chairman: (c) The Executive Director ex officio; (d) One Member appointed by the University of the West Indies. 2. Subject to the provisions of paragraph 2 of Article 8, the Chairman and the Executive Director together with the representatives of the Caribbean Community Secretariat, the Caribbean Development Bank ancl the Cadbbean Food Corporation shall sit as non-voting Members of the Board. 3. (a) Alternate Directors shall be appointed by the appropriate authorities in accordance with paragraph 1 above. (b) Directors and Alternate Directors shall be persons of integrity and high competence with �xtensive experience in Agriculture or Agri­ cultural Research and Development or administration or both and shall be selected with due regard to the principle of equitable geographical distribution. 4. Directors shall hold office for a term of three years and shall be eligible for re-appointment. They shall continue in office until their successors shall have been appointed and assumed office. If the office of a Director becomes vacant before the expiration of his term of office, the vacancy shall be filled by a new Director who shall be appointed in the �e manner as his predecessor and he shall hold office for tl1e remainder of the term of office of his predecessor. ARTICLE 7 FUNCTIONS AND POWERS OF THE BOARD OF DIRECTORS 1. The Board of the Institute shall be responsible, subject to any directions of the Standing Committee, for the general operation of the Institute. It shall implement the general policies of the Institute and may give the Executive Director general instructions for the implementation of such policies. 2. Without prejudice to the functions specified in paragraph 1 of this Article. the Board shall No. 61 7 LAWS OF GUYANA [A.D. 1988 (a) make recommendations to the Standing Committee in respect of the appointment of the Executive Director: (b) receive and may approve the annual report of the Executive Direct­ or which shall include the financial report; (c) make recommendations for the approval annually by the Standing Corµmittee of the work programmes for the next following three financial years; (d) make recommendations for the approval by the Standing Commit­ tee of Estimates of Expenditure and the audited accounts of the Institute; (e) assist the Executive Director in seeking the support and the re­ sources necessary for the fulfilment of the objectives of the Institute; (f) except as is otherwise provided exercise control over appointments including joint appointments and termination of appointments; (g) cause to be kept appropriate books of account which shall be audited at least once a year by an auditor who shall be a qualified and independent accountant appointed by the Board and shall also cause to be prepared annual audited statements showing in detail the income and expenditure of the Institute and the· assets and liabilities as they stood at the end of the immediate prec,eding finan­ cial year; (h) carry out such other functions as th� Standing Committee may dei­ legate to it from time· to time. · 3� The Board may delegate to the Executive Director such of its functions as· it thinks fit, providoo that no such delegation shall preclude the Board from so acting at anytime it thinks fit, without prejudice however to anything done by the Executive Director under that delegation. ARTICLE 8 MEETINGS OF THE BOARD 1. The Board shall me·et at least twice a year or as oft�n as the business of the Institute may require. A majority of Directors entitled to vote shall con­ stitute a quorum for any Meeting of the Board. 2. Each Director entitled to vote shall have one vote and the chairman shall have a casting vote only. . . 3. Subject to this Ag,r�ment, the Board shall regulate its own procedure, .ARTICLE 9· C:EIAIRMAN OF THE BOARD . . .. 1. . . The Cl1airl}lan of the Board *all lJ, apPQjpted by 01e Standing Com·�i�tee aftE,r �onsidering the recolxunendatiQ� of th,e JJoatd.. . . .. . . , 8 [A.D. 1988 LAWS OF GUYANA No. 6] 2. The Chairman of the Board while holding office shall not be a Director or Alternate Director of a Member State or any Body which is represented on the Board. 3. The term of office of the Chairman shall be for three years and he shall be eligible for re-appointment. 4. The Deputy Chairman shall be elected by the Board from among its Members. ARTICLE 10 THE EXECUTIVE DIRECTOR The duties of the Executive Dir.ector shall include (a) the day to day management and control of the Institute; (b) the control of the expenditure of the funds of the Institute within the approved estimates; (c) the performance of such functions of the Board as may be delegated to him; (d) the organisation of special programmes and projects in further­ ance of the objects of the Institute; (e) ensuring that the correct procedures are followed with respect to all matters within the joint competence of the institute and the University of the West Indies; (f) representation, either personally, or by a nominee appointed by him, upon such Authorities; Boards or Committees of the University of the West Indies as may be agreed on with the University; (g) the submission of an annual report to the Board; (h) preparation annually for approval by the Board of work pro­ grammes for the n�xt following three financial years; (i) preparation annually for 1hc approval by the Board, of estimates of expenditure for the next following financial year. ,, The Executive Director may become a Member of the Board of the Faculty of Agriculture, of the Academic Board, St. Augustine and of the Senate of the University. 3. In the absence or the incapacity of the Executive Director or while that office is vacant, the Board shall make suitable arrangements for the carrying out of the duti.es of the Executive Director and shall submit such arrangements for the approval of the Stand·ing Committee. ARTICLE 11 STAFF OF THE INSTITUTE 1. The Institute shall appoint such members of its staff in accordance with the estimates by the Standing Committee as are necessary for the performance of its functions. 9 A.D. 19881 CARIBBEAN AGRICULTURAL RESEARCH AND DEVELOPMENT INSTITUTE [No. 6 · 2. All staff appointments shall be made subject to the terms and condi tions of service determined by the Board. ARTICLE 12 REVENUE The revenue of the Institute shall be derived from (a) the annual contributions of Member States; (h) such contributions as may be made by other States whether within or outside the Region; (c) such grants as may be made from any source for the financing of special research, development or teaching projects or for fellow­ ships; (d) such fees as may be determined from time to time by the Board as fees payable to the Institute; (e) payments made to the Institute in consideration of consultancy services provided through the Institute; (f) income from any other sources. ARTICLE 13 LOCATION OF THE INSTITUTE 1. The Headquarters of the Institute shall be located in Trinidad & Tobago. 2. The Executive Diriector shall negotiate suitable arrangements with the University of the West Indies for the establishment of the Headquarters of the Institute at the St. Augustine Campus of the University of the West Indies. 3. The conclusion of such arrangements shall be subject to the approval of the Standing Committee. 4. The Institute may establish in any Member State such other research stations as may be deemed necessary by the Board. ARTICLE 14 RELATIONS WITH THE UNIVERSITY The Institute sha}l s.eek such affiliation with the University as will promote the· achievement of its objectives. · · ARTICLE 15 LEGAL STATUS 1. The Institute shall possess full juridical J)8UOnality. 10 No. 61 LAWS OF GUYANA [A.D. 1988 2. The Institute shall enjoy in each Member State such legal status and legal capacity as may be necessary for the f�lfilment of its objectives. and theexercise of its functions. In particular the Institute shall have the capacity to (a) contract; (b) acquire and dispose of movable and immovable property; (c) institute legal proceedings. 3. The Institute sha11 1cnjoy in each Member State such privileges and immunitlcs as may be ne.-:essary for the fulfilment of its objectivies and the exercise of its functions. 4. The Institute may co-operate with international organi:Sations active in similar fields and may seek all appropriate contacts with a view to co-operating with other Institutions in similar fields. 5. Upon the entry into force of this Agreement (a) all property of every kind whatsoever which was vested immediatcly before the entry into force of this Agreement, in the University of the West Indies or any other Institution on behalf of the Regional Research Centre shall be transferred L> and be vested in the Institute for the purposes of this Agreement. (b) all rights. privileges, advantages, liabilities and obligations that immediately before the entry into force of this Agreement were enjoyed by or imposed upon the University of th� West Indies on behalf of the Regional Research Centre are hereby conferred upon or imposed upon the Institute for the purposes of this Agreement. ARTICLE 16 DISPUTES 1. If a dispute should arise between the Institute and a Member State or any of the AuthoriUes r�prcsented on the Board, such dispute shall be submitted to arbitration by a Tribuna 1 of three ArbitratOi"i:l. Each party shall appoint one arbitrator and the two arbitrator� shalJ apnoint a third who shall be Chairman. ff wHhin 30 davs of the request for arbitration either party has not appointed an ar?itrator, or if within 15 days of the appointment of the second arbitrator, the third Arbitrator has not been appointed either party may request the Secretary­ GeneraJ of the Caribbean Community to appoint an arbitrator. 2. The procedure of the arbitration shaJI be fixed by the arbitrators. How ever, the third arbitrator shall be empowered to supply all rules of procedures in any case of disa3reement with respect the.reto. 3. The majority vote of the arbitrators shciJl be sufficient to reach a decision which shaU be final and binding upon the parties. A.D. 19881 11 CARIBBEAN AGRICULTURAL RESEARCH AND DEVELOPMENT INSTITUTE ARTICLE 17 IMPLEMENTATION [No. 6 Member States shall take all steps necessary for ithe implementation of this Agreement. ARTICLE 18 SIGNATURE This Agreement shall be d2posited with the Secretariat of the Caribbean Community (hereinafter referred to as "the Depositary") and shall be open for signature until the entry into force of this Agreement, by any of the States listed in the Annex to this Agreement (hereinafter referred to as "the Annex"). ARTICLE 19 RATIFICATION This Agreement and any amendments thereto shall be subject to ratification by the signatories in accordance with their respective constitutional procedures. Instruments of Ratification shall be deposited with the Depositary which sha1 1 transmit certified copies to each Member State. ARTICLE 20 ENTRY INTO FORCE This Agreement shall enter into force by the deposit of the Instruments of Ratification in accordance with Article 19 by six of the States listed in the Annex including Barbados, Guyana, Jamaica and Trinidad and Tobago. ARTICLE 21 ACCESSION 1. Any State listed in 1the Annex which, upon the entry into force of this Agreement has not signed this Ar.ireement in accordance with Article 18 and which wishes to become a Member after that date may accede to the Agreement by deposit of appropriate Instruments of Accession with the Depositary. 2. Any State other than States listed in the Annex which becomes a Member or Associate Member of the Caribbean Community may accede to the Agreement. 3. Admission to Membership under paragraph 2 of this Article shall be upon such terms and conditions as the Standing Committee may decide and shall take effect from the date on which the appropriate Instrument of Accession is deposited with the Depositary. No. 61 12 LAWS OF GUYANA [A.D. 1988 ·-------- ----- , ARTICLE 22 AMENDMENT 1. Any Member State may make proposals for amending this Agreement. Such proposals shall be submitted to the Standing Committee for its approval through the Depositary. 2. Any proposed amendment that is approved by the Standing Committee shall be submitted to each Member State for ratification. 3. Any such amendment shall enter into force upon the deposit of the Instruments of Ratification by all Member States. ARTICLE 23 WITHDRAWAL 1. Any Member �tate may withdraw from this Agreement by giving not less than 12 months notke in writing to the Depositary which shall forthwith notify other Member States. ' 2. A Member State withdrawing undertakes to honour any financial obligations duly assumed during its participation in this Agreement. ARTICLE 24 INAUGURAL MEETING As soon as this Agreement enters into force, each Member State together with the authorities represented on the Board shall appoint the Directors of the Board in accordance with Article 6 and the Secretary­ General of the Caribbean Community shall call the Inaugural Meeting of the Board of Directors. ANNEX LIST OF STATES Antigua Barbados Belize Dominica Grenada Guyana Jamaica Montserrat 13 A.D. 1988] CARIBBEAN AGRICULTURAL RESEARCH AND DEVELOPMENT INSTITUTE St. Christopher-Nevis-Anguilla St. Lucia St. Vincent Trinidad & Tobago [No. 6 IN WITNESS WHEREOF :the undersigned, being duly authorised thereto by their respective Governments. have affixed their signatures to this Agreement. DONE at Georgetown, this 5th day of December, one thousand nine hundred and seventy-four, in a single copy which shall be deposited with the Commonwealth Caribbean Regional Secretariat which shall transmit certified copies to all the Contracting States. Signed by V. C. Bird ;For the Government of Antigua, on 15th May, 1976 at St. John's Antigua. Signed by Brandford M. Taitt. For the Government of Barbados, on 6th December, 197-:1:, at Georgetown, Guyana. Signed by G. Perdoma For the Government of BeJize, on 6th December, 1974 at Georgetown, Guyana. Signed by For the Government of Dominica, on at I Signed by Derek Knight For the Government of Grenada, on 6th December, 1974 at Georgetown, Guyana. Signed by Geo. A. King For the Government of Guyana, on 6th December, 1974 at Georgetown; Guyana. Signed by P. J. Patterson For the Government of Jamaica, on 6th December, 1974 at Georgetown, Guyana. Signed by P. A. Bramble No. 6] 14 LAWS OF GUYANA ----=-LA . D. 1988 For the Government of Montserrat, on :18th May, 1976 at Plymouth, l\fontserrat. Signed by R. L. Bradshaw For the Government of St. Christopher-Nevis-Anguilla, on 23rd. April, 1976 at Basseterre, St. Kitts. iigned by G. Mallet For the Government of St. Lucia, on 6th December, 19·74 at Georgetown, Guyana. Sign2d by H. K. Tannis For the Government of -St. Vincent, on 25th· At1gu�t, 1976 aJ Kingstown, St. Vincent. Signeil by Isabel Teshea \ . For the Government of Trinidad and Tobago, qn 5th December, 19·74 at Georgetown, Guyana. · · Passed by the National Assembly on 1988-02-18 (Bill No. 4/1987) . . F. 4; Narain; Clerk of the National Assembly .