Caribbean Agricultural Research and Development Institute Act (Cap. 28:10)

LAWS OF DOMINICA CARIBBEAN AGRICULTURAL RESEARCH AND DEVELOPMENT INSTITUTE ACT CHAPTER 28:10 Act 2200979 Current Authorised Pages Pages Authorised {inclusive} byL.R.O. 1-16 1/1991 L.R.O.1I1991 2 LAWS OF DOMINICA Caribbean Agricultural Research and Chap. 28:10 Development Institute Note on Subsidiary Legislation. This Chapter contains no Subsidiary Legislation. LAWS OF DOMINICA Caribbean Agricultural Research and Development Institute Chap. 28:10 CHAPTER 28:10 CARIBBEAN AGRICULTURAL RESEARCH AND DEVELOPMENT INSTITUTE ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. 3. Terms of Agreement to have legal force. 4. Financial provision for giving effect to the Agreement. 5. Legal capacity. 6. Orders for carrying out the provisions of the Agreement. SCHEDULE. 3 LR.O.111991 4 LAWS OF DOMINICA Caribbean Agricultural Research and Chap. 28:10 Development Institute CHAPTER 28:10 CARIBBEAN AGRICULTURAL RESEARCH AND DEVELOPMENT INSTITUTE ACT 22 of 1979. AN ACT to provide for the implementation of an agreement establishing the Caribbean Agricultural Research and Devel­ opment Institute and for purposes connected therewith. Commencement. [17th January 1980] Short title. 1. This Act may be cited as the CARlBBEAN AGRlCULTURAL RESEARCH AND DEVELOPMENT INSTITUTE ACT. Interpretation. 2. In this Act "Agreement" means the Agreement establishing the Caribbean Agri­ cultural Research and Development Institute: "Minister" means the Minister responsible for Agriculture. Terms of Agreementto havelegal force, Schedule. Financial provisionfor giving effect to the Agreement. Legalcapacity. Orders for carrying outthe provisions of the Agreement. 3. The tenus of the Agreement set out in the Schedule shall have the force of law as if enacted in this Act. 4. All sums required to be paid by the Government for the purpose of meeting its obligations under the Agreement are hereby charged on and shall be paid out of the Consolidated Fund. S. The Caribbean Agricultural Research and Development Insti­ tute shall possess full juridical personality and in particular have full capacity to enter into contracts, acquire and dispose of movable property and immovable property and to institute legal proceedings. 6. (1) The Minister may by Order make such other provisions as he may considernecessary for carrying into effect any ofthe provisions of the Agreement. (2) Any Order made pursuantto this section shall be subject to negative resolution of the House of Assembly. LAWS OF DOMINICA Caribbean Agricultural Research and Development Institute Chap. 28:10 SCHEDULE ARTICLES OF AGREEMENT OF THE CARIBBEAN AGRICUL­ TURAL RESEARCH AND DEVELOPMENT INSTITUTE. AGREEMENT ESTABLISHING THE CARIBBEAN AGRICUL­ TURAL 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 research and development. AWARE 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 development. CONSCIOUS of the need for efficient and adequate national extension services. CONVINCED that the establishment of a regional institution for agricultural research and development will facilitate the achieve­ ments of these needs. HEREBY AGREE AS FOLLOWS: Article I ESTABLISHMENT 1. The Caribbean Agricultural Research and Development Insti­ tute (hereinafter referred to as "the Institute") is hereby established having the membership. powers and functions hereinafter specified. 5 L.R.O.1I1991 6 LAWS OF DOMINICA Caribbean Agricultural Research and Chap. 28:10 Development Institute Article2 MEMBERSHIP 1. Membership of the Institute shall be open to (a) States listed in the Annex to the Agreement; (b) Any other State of the Caribbean Region which be­ comes a Member or Associate Member of the Carib­ bean Community. 2. The States listed in the Annex to this Agreement, the Govern­ ments ofwhich sign this Agreement in accordance with Article 18 and ratify it in accordance with Article 19 shall become Members of the Institute. Article3 OBJECfS OF THE INSTITUfE 1. The objects of the Institute shall be (a) to provide for the research and development needs of the agriculture 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 technolo­ gies in production, processing, storage and distribution of agricultural products 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; if) to undertake teaching functions normally at the post­ graduate level, limited to the development of the rele­ vant research by any Member State; (g) to seek to achieve the optimum decentralisation of facilities. LAWS OF DOMINICA Caribbean Agricultural Research and Development Institute Chap. 28:10 2. For the purposes of this Article the Institute may take such actionas maybe necessaryorexpedientfor theattainmentof itsobjects and the performance of its functions. Article4 STRUCfURE 1. The Institute shall have ­ (a) a Governing Body; (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 1. The StandingCommittee of Ministersresponsiblefor Agricul­ ture (hereinafterreferred to as "the StandingCommittee")shall be the Governing Body of the Institute. 2. Without prejudice to the generalities of paragraph I of this Article the Standing Committee shall have the power to (a) give general or specificpolicy directions to the Board of Directors; (b) appoint an Executive Director after it has considered the recommendation of the Board of Directorsandhas consulted with the Universityof the West Indies; (c) appoint the Chairmanof the Board of Directors; (d) appointmembersof the Board of Directorsother than the representatives of the University of the West In­ dies,the UniversityofGuyana,theCaribbeanCommu­ nitySecretariatand theCaribbeanDevelopmentBank; (e) authorise agreements to be entered into with third countriesor other entities; (f) approve the budget of the Institute to be prepared annually for the next following three financial years; 7 LR.O.1Il991 8 LAWS OF DOMINICA Caribbean Agricultural Research and Chap. 28:10 Development Institute (g) approve the work programmes annually for the next following three fmancial years. Article 6 MEMBERSHIP OF THE BOARD 1. Thecomposition oftheBoardof Directors (hereinafter referred to as "the Board'') shallbe as follows: (a) one member appointed by (i) the Government of Barbados; (ii) the Government of Guyana; (iii) the Government of Jamaica; (iv) the Government of Trinidad and Tobago; (v) the Governments of Dominica, Grenada, St. Lucia and St. Vincent; (vi) theGovernments of Antigua, St.Christopher, Nevis and Anguilla, Belizeand Montserrat; (vii) the University of Guyana; (viii) the Caribbean Community Secretariat; (ix) the Caribbean Development Bank; (b) the Chairman; (c) the Executive Director ex-officio; (d) three members appointed bythe University of theWest Indies. 2. Subject to the provision of paragraph 2 of Article 8, the Chairman andthe Executive Director together withthe representatives of the Caribbean Community Secretariat and the Caribbean Develop­ mentBankshall 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 andAlternate Directors shallbe persons of integ­ rity and high competence withextensive experience in agriculture or agricultural research and development or administration or both and shallbeselected withdueregard totheprinciple ofequitable geographi­ cal distribution. LAWS OF DOMINICA Caribbean Agricultural Research and Development Institute Chap. 28:10 4. Directors shallholdofficefor a termof threeyearsandshallbe eligible for re-appointment. They shall continue in office until their successors shallhavebeenappointed andassumed office. If theoffice ofa Directorbecomes vacantbefore theexpiration ofhistermofoffice. thevacancyshallbe filledby anewDirector whoshallbe appointed in the same manner as his predecessor and he shall hold office for the remainder of the term of officeof his predecessor. Article7 FUNCfIONS AND POWERS OF THE BOARD OF DIRECfORS 1. The Board of the Institute shallbe 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 maygivetheExecutive Directorgeneral instructions forthe implemen­ tationof such policies. 9 2. Without prejudice to the functions specified in paragraph I of this Article. the Boardshall (a) makerecommendations to the Standing Committee in respect of the appointment of the Executive Director; (b) receive and may approve the annual report of the Executive Director which shall include the financial report; (c) make recommendations for the approval annually by the Standing Committee of the workprogrammes for the next following three financial years; (d) makerecommendations for theapproval by theStand­ ing committee of estimates of expenditure and the audited accounts of the Institute; (e) assisttheExecutive Director inseekingthesupport and theresources necessary for the fulfilment of theobjec­ tivesof the institute; if) except as is otherwise provided exercise controlover appointments including joint appointments andtermi­ nationof appointments; (g) cause to be kept appropriate booksof account which shallbe audited at leastoncea yearby an auditorwho L.R.O.1Il991 LAWS OF DOMINICA Caribbean Agricultural Research and 10 Chap. 28:10 Development Institute shall be a qualified and independent accountant ap­ pointed 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 preceding financial year; (h) carry out such other functions as the Standing Commit­ tee may delegate to it from time to time. 3. The Board may delegate to the Executive Director such of its functions as it thinks fit provided that no such delegation shall preclude the Board from so acting at anytime it thinks fit.without prejudice howeverto anything done by the Executive Director under that delega­ tion. Article 8 MEETINGS OF THE BOARD 1. The Board shall meet at least twice a year or as often as the business of the Institute may require. A majority of Directors entitled to vote shall constitute 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 Agreement. the Board shall regulate its own procedure. Article 9 CHAIRMAN OF THE BOARD 1. The Chairman of the Board shall be appointed by the Standing Committee after considering the recommendation of the Board. . 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. LAWS OF DOMINICA Caribbean Agricultural Research and Development Institute Chap. 28:10 4. The Deputy Chairman shall be elected by the Board from among its members. Article 10 THE EXECUTIVE DIRECTOR 1. The duties of the Executive Director shall include (a) thedayto daymanagement andcontrol ofthe Institute; (b) the control of the expenditure of the funds of the Institute within the approved estimates; (c) theperformance ofsuchfunctions of the Board as may be delegated to him; (d) the organisation of special programmes andprojects in furtherance of the objects of the Institute; (e) ensuring that the correct procedures are followed with respecttoallmatters within thejointcompetence ofthe Institute and the University of the West Indies; if) representation, either personally or by a nominee ap­ pointed by him, upon such Authorities, Boards or Committees of the University of the West Indies, as may be agreed on withthe University; (g) the submission of an annual reportto the Board; (h) preparation annually forapproval bytheBoard of work programmes for the next following three financial years; (I) preparation, annually, of estimates of expenditure for the next following financial year, for the approval by the Boardof Directors. 2. TheExecutive Director maybecome amemberof theBoard of the Facultyof Agriculture, of the Academic Board, St. Augustine and of the Senateof the University. 3. In the absence or the incapacity of the Executive Director or while thatofficeisvacant, theBoard shallmakesuitable arrangements for the carrying out of the dutiesof the Executive Director and shall submit sucharrangements forthe approval oftheStanding Committee. II LR.O.1Il991 LAWS OF DOMINICA Caribbean Agricultural Research and 12 Chap. 28:10 Development Institute Article 11 STAFFOFTHE INSTITUTE 1. The Institute shall appoint suchmembers of its staff in accor­ dance withthe estimates by the Standing Committee as are necessary for the performance of its functions. 2. All staff appointments shall be made subject to the terms and conditions of servicedetermined by the Board. Article 12 REVENUE The revenue of the Institute shallbe derived from (a) the annual contributions of Member States; (b) 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 fellowships; (d) suchfeesasmaybedetermined from timetotimebythe Board as fees payable to the Institute; (e) payments made to the Institute in consideration of consultancy services provided through the Institute. (/) incomes from any other sources. 1. The Headquarters of the Institute shall be locatedin Trinidad and Tobago. 2. The Executive Director 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 arrangement 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. LAWS OF DOMINICA Caribbean Agricultural Research and Development Institute Chap. 28:10 Article 14 RELATIONS WITH THE UNIVERSITY The Institute shall seek such affiliation with the University as will promote the achievement of its objectives. Article 15 LEGAL STATUS 1. The Institute shall possess full juridical personality. 2. The Institute shall enjoy in each Member State such legal status and legal capacity as may be necessary for the fulfilment of its objectives and the exercise of its functions. In particular the Institute shall have the capacity to (a) contract; (b) acquire and dispose of movable and immovable prop­ erty; (c) institute legal proceedings. 3. The Institute shall enjoy in each Member State such privileges and immunities as may be necessary for the fulfilment of its objectives and the exercise of its functions. 4. The Institute may co-operate with international organisations active in similar fields and may seek all appropriate contacts with a view to co-operating with other Institutions in similar fields. 13 S. Upon the entry into force of this Agreement (a) all property ofevery kind whatsoever which was vested immediately before the entry into force of this Agree­ ment, in the University of the West Indies or any other Institution on behalf of the Regional Research Centre shall be transferred to and be vested in the Institute for the purposes of this Agreement; (b) all rights. privileges, liabilities and obligations which, immediately before the entry into force of this Agree­ ment, were enjoyed by or imposed upon the University of the West Indies on behalfof the Regional Research L.R.O.111991 LAWS OF DOMINICA Caribbean Agricultural Research and 14 Chap. 28:10 Development Institute Centre is 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 Authorities represented on the Board, such dispute shall be submitted to arbitration by aTribunal ofthree Arbitrators. Each party shall appoint one Arbitrator and the two Arbitrators shall appoint a third who shall be Chairman. If within 30 days of the request for arbitration eitherparty has not appointed an Arbitrator, 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-General of the Caribbean Community to appoint an Arbitrator. 2. The procedure of the arbitration shall be fixed by the Arbitra­ tors. However, the third Arbitrator shall be empowered to supply all rules of procedure in any case of disagreement with respect thereto. 3. The majority vote of the Arbitrators shall be sufficient to reach a decision which shall be final and binding upon the parties. Article 17 IMPLEMENTATION Member States shall take all steps necessary for the implemen­ tation of the Agreement. Article 18 SIGNATURE This Agreement shall be deposited 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'). LAWS OF DOMINICA Caribbean Agricultural Research and Development Institute Chap. 28:10 Article 19 RATIFICATION This Agreement and any amendments thereto shall be subject to ratification by the signatories in accordance with the respective constitutional procedures. Instruments ofRatification shall be depos­ ited with the Depositary which shall transmit certified copies to each Member State. Article 20 ENTRY INTO FORCE This Agreement shall enter into force by the deposit of the Instruments ofRatification 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 the Annex which, upon the entry into force of this Agreement has not signed this Agreement 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. Article 22 AMENDMENT 1. Any Member State may make proposals for amending this Agreement. Such proposals shall be submitted to the Standing Com­ mittee for its approval through the Depositary. 15 L.R.O.1Il991 LAWS OF DOMINICA Caribbean Agricultural Research and 16 Chap. 28:10 Development Institute 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 State may withdraw from this Agreement by giving notless than 12 months notice in writing to the Depositary which shall forthwith notify other Member States. 2. A Member State withdrawing undertakes to honour any finan­ cial obligations duly assumed during its participation in this Agree­ ment. 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 STAlES Antigua Barbados Belize Dominica Grenada Guyana Jamaica Montserrat SI. Christopher-Nevis-Anguilla SI. Lucia SI. Vincent Trinidad& Tobago.