Seychelles Agricultural Agency Act, 2009 (No. 4 of 2009)

[12thJanuary 2009] 37 SEYCHELLES AGRICULTURAL AGENCYACf, Z«m (Act" 0/2009) ARRANGEMENT OF SECTIONS Sections PART 1- PRELIMlNARY 1. Shorttitle 2. Interpretation PARfU-AGENCY 3. Establishment 4. Objects 5. Functions andpowers 6. SupcnOOry puWc:I5 oCM"mis1croverAgency 7. AppointmentofCbiefExeeutiveOfficer 8. Temtinationofemployment ofstaff 9. Employmentofstaff' 10. F.wuls 11. Aceountsandaudit 12. BusinessPlan 13. Annual report PART m- BOARDOFAGENCY 14. Establishment 15. Composition ofBoardandappointmentofmembers J6. AppointmentofChairperson and vice-Cbairperson. 17. Tenureofoffice 18. ResignationandremovaJ 19. Meetings 20. lemponuymember 21. Leaveofabsence 22. RemlUler8tion 23, Co-optedpersons to adviseBoard 24. DisclosUfeofinterest 25. Proceedings 26. Committee PARTIV- TRANSFEROF ASSETSAND L1ABllJTIES 27. Transfer ofproperty. rightsandobligations toAgency 38 [12dl~ 2009] 28. Acquisition arid disposal of ltmd PAIn' V - MJ8CELLANEOtJS 29. AppIicItionofcertainPcnaJCodeprovisions 30. Protettionofacta doneingoodfaith 31. Leplpmcwodingc 32. Completionofacts 33. Regulations [12th January 2009] Supplement to Official Gazette 39 SEYCHELLES AGRICULTVRALAGENCY ACT, 1009 (Act 4 of 2009) • 1 a3.senl J. A. Michel President 5th January, 2009 ANACT to establishthe Seychelles AgrieuIturaI J\gency andtoprovideforrelatedmatten. ENACfED bythePresident andNational Assembly. PART 1-PRELIMINARY 1. This Act may be cited as the Seychelles SOOrt title AgriculturalAgencyAct, 2009. 2. InthisAct - Interpretation "Agency" means 'the Seychelles Agricultural Agency established undersection 3; "Board" means the Doard established under section 14; 40 Supplement toQfficial Gcaette [121h January 2009] "ChiefExecutive Officer" meansthe ChiefExecutive Officer appointedundersection7; "Fund"means the Fundestablisbcd undersection 1U; "Minister" means the Minister responsible for Agriculture and "Ministry" is construed accordingly; "member"means amemberoftheBoard. PARTD-AGENCY E~ 3.(1) There is established the Seychelles AgriculturaJ Agency. (2)TheAgency shallbea bodycorporate. Objects 4. The objc:cl:sofllu;Agc::ncy are (a) to facilitate and support the enhancement of national food security; (b) to facilitate the increase of the con1ribution of agriculture in the country's gross domestic product; (c) to facilitate the modernisation and development ofthe agricultural sector. =nsand 5.(1) Thefunctions oftheAgency are (a) to assist in the fonnulation of national agrieuItural policies and implementation of tholepolicies; (b) SO support ttIe deve.lopmeiat of the aancultwal [12thJanuary 2009] Supplement to OjJicial Gazette 41 sectorbyproviding technical assistance and services tothatsector; (c) to facilitate formal and informal training of food producing entrepreneurs and technical personnel; Cd) to facilitate the maxi:mization of local production of meat,suchas porkand broiler poultry, table eggs and valorise other livestock types; (e) to facilitate the maximization of local production ofarable crops; (t) to encourage and promote agricultural productionat household level; (g) to encourage the exploitation of spices, floriculture, essential oils and traditional plantation crops for export as value added products andrawmaterials; fh) topromote theproductionoforganic crops; (i) to promote small scale agro-processing in collaborationwithotherorganisations; 0) to assist with the stocking of adequate amounts of quality agricultural inputs and supplies to meet the requirements of the agricultural sector; (k) to ensure compliance with regulatory frameworks; (1) to implement programmes and projects relating to agriculture and collaborate with 42 Supplement toOjficialGazette [12th January 2009] relevant agencies in the implementation of thoseprogrammesandprojects; (m) to participate in meetings, seminars and discussions relating to agriculture at national, regional andinternational level; (n) to perform such other functions that the Minister may, by Order published in the Gazette, prescribe. (2) Subjectto thisAct,theAgency may intheperformance ofits functions (a) receive funds due to theAgency, and give full andvaliddischarge and signreceipt therefor; (b) with the consent of the Minister given in consultation with the Minister of National Development, buyorsellimmovable property; (c) hold and manage movable and immovable properties; (d) lease,rentor takeon leaseorrentanyproperty onsuchtenns as it thinksfit; (e) with the consent of the Miuister giVt;U in consultation with the Minister responsible for Finance, borrow money in the mannet and subject to the conditions that the Minister responsible forFinance maydetermine; (f) with the consent of the Minister given in consultation with the Minister reBpOnaibJe EOI' Finance, mortgage or charge the Agency's [12thJanuary 2009] Supplement to OfficiDl Gazette 43 undertaking: or property or any part of the undertaking or property as security for any debt, liability orobligation(lftheAgency; (g) do such other acts or things which may be necessary for the proper performance of its functions under this Act. 6. TheMinister- Supmisory powers of MinWf«over (a) shall exercisesupervision over theAgency in A"eooy the performanceofitsfunctions and exercise ofitspowers;and (b) mayissuepolicydirectivesto theAgency. 7.(1) The President shall appoint a person who the APpOittcment of President eensidera is. suitably qualified and experienced to ~~Executive be Chief Executive Officer of the Agency on terms and conditionsthatthePresidentmaydetermine. (2) The ChiefExecutiveOfficershallbe responsible for ~ (a) the implementation of policies under the guidance oftheBoard; and (b) thecontrolandmanagement ofthe dayto day business, oftheAgency. 8. The employment of persons working in the TOJJniNaioll. C)f Department of Natural Resources, immediately before the :rymemof comingintooperationofthisAct,maybeterminated, 9.(1)The Agency may employ such officers and other En1p1oyrnetttof staff 44 Supplement to Official Gazette [12th January 2009] members of staff as may be reasonably necessary for the properperformance oftbeAgency's functions, on.suchterms andconditions astheAgency maydetermine. (2) Every employee shall be under the administrative control ofthe ChiefExecutive Officer. FlIIKk 10.(1)TheAgency shall establishaFund (a) into whichshall be paid funds received by or on behalfofthe Agency; and (b) 0Ut ofwhich payments required to be madeby theAgency shall be effected. (2) The funds of the Agency referred to in section 10(1) (a) shal1 consistof (a) moneys voted by the National Assembly for theuse oftheAgency; (b) moneys accruing to the Agency from its operations; and (c) moneys received by the Agency from any other source including loans, donations or grants. (3) ThefundsoftheAgency shallbeapplied in (a) the discharge ofexpenses properly incurred in theperformance ofits functions; (b) the payment of remuneration to the members andemployeesoftheAgency; and [12thJanuary 2009] supplement to OjJiciol Gazene 45 (c) the repayment of SWDS borrowed by the Agency. (4) No money shall be withdrawn from the Fund except on the signature ofthe Chairperson appointed under section 16or (a) the ChiefExecutive Officer; and (b) the memberresponsible for financial matters designatedby theBoard. (5) Thenetprofits of theAgencydetermined afterthe expenses of each financial year and making provision for bad and doubtful debts. depreciation ofassets and any other purpose which the Agency thinks necessary shall be dealt with inaccordance withdirections givenby the Minister in consultationwiththeMinisterresponsiblefor Finance. 11.(1) The financial year of the Agency shall be the Accould tad W~~~U ~ (2) '1'bC' Agency sball keep proper accounts and other relevant records in the form and manner approved by the AuditorGeneral. (3) Article 158 of the Constitution shaD apply in respect ofthe auditing of the accountsoftheAgency. 12.(1) (a) Subject to paragraph (b). the Agency shall BusiDessPlan prepare a business plan at least ninetydays before the beginning of each financial year and submit it to the Minister for the Ministers approval; (b) The first business plan shall be submitted to the Minister within the period specified by the Minister. 46 Supp/emenltoOfficioJGazette [l2th January 2009] (2) The businessplanshall (a) include a statement of the short and medium termoperationalobjectives; (b) outline the strategies that the Agency intends to employ in order to achieve its objectives; and (c) include an operational plan, a financial plan,a human resources plan and performance indicators. (3) Thefinancial planreferred to insubsection 2(c) shall include estimates of expenditure and revenue for the following financial year. (4) The Agency may amendthe business plan with the approval oftheMinister. AnDual Report 13. TheAgency shall, as soon as possible but not later than three months aftertheendof eachfinancial year,submit to the Minister an annual report dealin¥ generally with the activities oftheAgency during thatyear. PARTm- BOARD OFAGENCY Establisbmmt 14. ThePresident shall establisha Board, consisting of not less than seven or more than ten members who, in the opinion of the President, have knowledge and experience likely to contribute to the successful direction of the affairs andoperationsoftheAgency. Composition of 15.(1) TheBoardconsists ofthefollowing members Bu.dalllJ llPPOinlment of members (a) theChiefExecutive Officer; (b) a seniorofficeroftheMinistry; [12th January 2009] Supplement to Official Gazette 47 (c) a senior representa:tive of the Ministry of Environment; (d) a senior representative of the Ministry of Finance; (e) a representative of the Seychelles Chamber ofCommerce andIndustry; (f) a representative of the organisation responsibleforthedevelopment ofthe outer islands; (g) a representative aCtheFanners'Association; (h) three other persons who have wide knowledge and experience in matters relating to agriculture. (2) The President shall appointthe members. (3) Appointments to the Board shall be signifiedby noticeintheGazette. 16. The President shall appoint a Chairperson and Appoincmcntof CIIUrPClSOllllJdvice-Chairperson from among themembers. ~ 17. Eachmember sbaIlholcJ officefora period ofthree Tenure of yearsandiseligibleto bere-appointed. office 18.(1) TheChairpersonmayresign fromoffice bya letter ResignItion and addressed to the President and the resignation shall take =of effect from thedateonwhich thePresidentreceives theJetter. (2) A member other than the Chairperson may resign from office by a letter addressed to the President and transmitted through the Chairperson and the resignation shall take effect from the date on which the President receives the letter. 48 Supplement to Official Gazette [12th January 2009] (3) The President may remove a member from office uponbeingsatisfied thatthemember (8) is, for whatever reason, permanently incapable ofdischarging thedutiesofamember; (b) has been absent, without leave of the Board, from three consecutive meetings ofthe Board; (c) has neglected thedutiesofa member; or (d) is guilty ofmisconduct. (4) Wherea member resigns oris removed fromoffice, the President shall appoint a person to hold office for the remaining period ofofficeoftbat memberand shall causethe nameofthatpersonto bepublished in theGazette. Meetings .9.(1) Subject to subsection (2), the Board shall meet whenever necessary or expedient for the transaction of the Board's business and meetings of the Boardare to be beldat the places and times that the Agency determines. (2) TheBoardshallmeetat leastthreetimesayear. (3) The Chairperson may at any time can a special meetingof the Board within seven days of a writtenrequest addressed to theChairpersonby at leastthreemembers. (4) The Chairperson shall preside at all meetings of the Board at whichbe or she is present,and in the absenceof the Chairperson from a meeting, the vice-Chairperson shall preside. (5) Where theChairperson andthevice-Chairperson are absent from a meeting ofthe Board.the members shall elect from among themselves a chairperson to preside at that [12th January 2009] Supplement to OfficioJ Gazette 49 meeting. (6) A quonnn for a meetingof the Board shall be five members, (7) A decisionof the Board shall be taken by simple majority of votes of the members present and voting, and eachmemberhas one vote but in theeventofan equality of votes, the Chairperson or viee-Chalrperson or the chairperson elected under subsection (5) shall have, in addition to anoriginal vote.a casting vote. 20.(1) Where a member- is temporarily absent from Temporary Seychelles or temporarily incapable of perfonning the I1\ClJlk functions of such mem.ber'soffice, the President may nominate a fit person to act in the place of that member duringtheperiodofabsence orincapacity. (2) A person nominated undersubsection (l) 10 ~~1 in the placeofa memberhas, and mayexercise,at anymeeting oftheBoardalltherightsofthatmember. , 21.(1) Amember other than the Chairperson, who intends Ltave of to beabsent frommeetings ofthe Board formorethanthree absenCe consecutivemonths, shall applyto the Chairperson for leave ofabsence. (2) If the Chairperson intends to be absent from meetings of the Board for more than three consecutive months, the Chairperson d1alI apply to the President for leaveofabsence. 22. The members are to. be paidsuch remuneration as Rmn\lllmltion may be determined by the President out of the funds of the Agency. 23.(1) TheBoardmayco-optapersonto advise the Board C:Mlptcd on matt.ern ofa technical nature where the Board is satisfied =:&.et that the experience or qualifications of thatpersonare likely 50 Supplement to Official Gazette to assist the Board. [12th January 2009] Disclosure of interest (2) A person co-opted Wider sub-section (1)has noright tovoteonanymatterbeforetheBoard. 24. Amember who is directly or indirectly interested in a matterbeingdealtwithby theBoardshall (a) disclose the nature of his or her interest at a meetingoftheBoard;and Proceedings (b) not take put in any deliberation or decision of theBoardwith respectto thatmatter. 25.(1) TheBoardmayregulate its ownproceedings. (2) The validity of a proceeding of the Board is not affected by a vacancy among its members or a defect in the appointmentorqualificationofa member. CornnUttee 26.(1) The Boardmayat anytimecauseto be constituted a specialised standing or ad-hoc committee to consider and report to the Board onany matter relevant to the objects ofthe Boardreferred to itbytheBoard. (2) The specialised standing or ad-bee committee constituted under sub-section (1) shall consist ofmembers OT othersuitably qualifiedpersonsorboth. (3) A decision of the specialised standing or ad-hoc committee shall not be acted upon unless approved at a meeting oftheBoard. PART IV - TRANSFER OF ASSETS AND LIABILITIES Transfer of 27.(1) The Government may vest in or transfer to the property, ri~ Agency such IIIld obilgabOD!; to Agency (a) movable and immovable properties vested in [12thJanuary 2009] Supplement to Official Gazette 51 the Government immediately before the coming into operation oftbisActand used or managed by the Department of Natural Resources; and (b) assets. rights, interests, privileges, liabilities and obligations of the Government, relating to the DepartmentofNatura.l Resources, astheMinisterconsidersappropriate. (2) Where a question arises as to whether a particular movable or immovable property, asset, right, interest, privilege, liability or obligation bas been transferred to or vested in the Agency under sub-section (1), a certificate under the hand oftheMinistershall beconclusiveevidence thatthe movableor immovable property,assets right, interest, privilege, liability orobligation wasorwasnotso transferted orvested. (3) All agreements. deeds. bonds. arraJlaements relating to the Department of Natural Resources or to matters which fall within the scope of the objects and functions oftheAgency, to which the Government isaparty, subsisting immediately ~forc the coming into operation of thisAct, shall continue in force on and after that date and shall be enforceable by or against the Agency as jf the Agency bad been a party to the deed, bond, agreement or arrangement. 28.(1) Where landneeded by the Agency in connection Acquisition and with the performance ofits functions i.e;; owned by a J1e1'WD disposalofland other than the Republic, and thatperson is not in favour of selling $UCh landto theAgency, the Minister may propose to the Minister of National Development that such land be acquired in accordance with the Acquis.itiQn of Land in the Public InterestAct 52 Supplement toQUicial Gazette [12th January 2009] (2) Any land acquired under subsection (l) shall be transferred to theAgency. (3) TheAgeney shallnotsellorotherwise dispose ofany land vested in it under this section without the consent of the Minister given in consultation with the Minister of National Development. PARTV - MISCELLANEOUS Applioation of 29. All members. officers and employees uf the: Agency ~ Penal shall be deemed to beemployed in the public servicefor the provisjDas purpose ofsections 91 to 96ofthe PenalCode. 30. No civil or criminal liability sball attach to the Agency) a member) an officer or employee ofthe Agency in respect of an act done or omission made in good faith in the performance of the functions of the Agency, member, officer oremployee asthecasemaybe. Completion of l\CtS 31. Any proceeding pending immediately before the date ofcommencement of this Act to which the Government was a party on accountof anyactivity or transaction arising out of the performance of the functions of the Department of NaturalResources shall be continued as if the Agency was a partythereto inlieu oftheGovernment. 32.(1) Where anything has been doneor commenced by or under the authority of the Government with respect to the Department of Natural Resources prior to the date of commencementoftJiisActand suchthingis within thepowers oftheAgency. suchthingmay becarriedonandcompleted by, orunder the authority oftheAgency, (2) Notwithstanding subsection (I), a person issued with a permit relating to Agriculture before the commencement of this Act, shall be deemed to have been issuedwiththepermit foraperiodnotexceeding oneyearafter [12thJanuary2009] Suppkment toOfficial Gazette 53 tbecomingintooperation ofthisAct. 33. The Minister may make regulations for the~ purpose of carrying into effecttheprinciples andprovisions ofthisAct. I certify thatthis isacorrect copyofthe BiH which waspassed by theNationalAssembly onthe2ndDecember, 2008. Marie-NeUaA2emia ClerkoftheNationalAssembly