National Agricultural Research Board Act (No. 15 of 1993)

TM National A.grlcultuwd Rl#arcla Board .A.ct. 1993. ~· .ARRANGEMENT OF CLAUSES CLAUSE 1. Short title 2. Interpretation 3. Establishment 4. Functions of the Board 5. Composition 6. Meetings of the Board 7. Institutions of the Board a. The Research Committee 9. The Finance Committee 10. Other Committees of the Board 11. Meetings and procedure or the Committee 12. Technical Secretariat 13. Remuneration of Members 14. Funds of the Board 15. Accounts and Audit 16. Agricutural Products 17. Annual report 18~ · Right to invention 19. Regulations 20. By-laws. THE GAMBIA No. 15 a, 1993. Assented to by De Pnddat. tbl, Third daJ of .'.3rd November ltll. AN ACT to establish a National Agricultural Research Board to improve agricultural research management and to make provisions for matters connected therewith I 25th November, 1993. I ENACTED by the Parliament of The Gambia. 1. This Act may be cited as the National Agricultural Research Board Act, 1993. ... I The National Agricultural Research Boa,d Act, 199.3. I 1993. Inter pretation 2. In this Act unlesss the context otherwise requires; " " " Agricultural Product" means any plant or animal product or such other product as may be declared to be an agri cultural product for the purposes of this Act; Agricultural Research" means research into the production, treatment or handling of an agricultural product, in cluding research required for a better understanding of the process involved in or the environment necessary for the production of an agricultural product; Appoint.ed Member" means a member of the Board appointed under paragraph (a),(b), and (ct) of subsection (1) or section 5; 11 Board" means the National Agricultural Research Board established under subsecLlon (1) of section 3; " " II " Director" means the Director of a Research Institute; Minister" means the Ministers responsible for the administration of this Act; Research CommittPe" means of research advisory committee under section 8; Research Institute" means a Research Institute established under section 7; generally •• I The National A.g,icultural Research Board A.ct. 1993. Establish ment Functions of the Board 3.(1) There is hereby established a Board which shall be known as the National Agricultural Research Board referred to in this ACt as "the Board." (2) The Board shall be a body corporate with perpetual succession and a common seal, and shall have the power to sue and be sued in its corporate name. (3) The Board shall have power to acquire, hnld and dispose of moveable and immoveable property and to enter into such contracts as may be necessary for the purposeo of this Act. 4. The Boa.rd shall organise and carry out research in the fields that ma., from time to time be specified in the regulations made in accordance with such policies and in such priorities as may be determined by the Board, and shall without prejudice to the generality of the foregoing (a) carry out independently or in co-operation with any appropriate person, body of persons, agency or institution, such surveys, studies, in vestigations and analyse the same as the Board may consider necessary; (b) co-operate with other organisations or insti~ tutions of higher learning in the organisation of training and research programs; •• J The National Agricultural Research Board Act. 1993. (c) collaborate with other research bodies, both public and private within and outside The Gambia; (d) disseminate research findings and conclusions in suitable forms to all persons concerned with agricultural research and development, and in particular to planners, policy-makers, development agencies, farmers, other producers, processors and the scientific community; (e) co-operate with and provide information to the relevant or participating Ministries in matters pertaining to research policies; (f) sponsor and organise national and international agricul tural research conferences, seminars and workshops; (g) organise and participate in the training of extension personnel; ;:md (h) do all such things as may be necessary, desirable or expedient to the carrying out o~ its functions; (i) formulate and implement policies and determine priorities for the agri cultural research, and natural resources manage ment to support national development, science and technology objectives; N• I The Natlona' .,qrlcultura/ Raearch Bop,d Act. 1993. I 1"3 ,··• ( j) advise and make recommen dations to Government on the financial, human and physical resources require ments for the efficient and e:f:fective implementation of the national agricultural research strategy and plan; (k) ensure the implementation and application of the research findings and recom mendation :for the socio economic development of the country; (1) administer the property and funds of the Board for the better carrying out of the functions of the Board; (m) consider and approve any research programs and to assign the same to the insti tution within and outside the Board; (n) receive on behalf of the Board grants, gifts, donations, endowments fees, subscriptions, and other monies payable to the Board and to make dis bursement therefrom; (o) regulate the manner cf appoint ments the terms ·and conditions .of service, conduct and dis cipline of the officers and employees of the Board and to administer the same; com posi tiontion I The National A.grletdtural l<esearch Board Act, 1993. (p) be responsible for the appoint ment of the Director General of the Research Institutions and such officers and employees as it may deem necessary for the better carrying out of the functions of the Eoard; (q) determine the management, planning and co-ordinating of agricultural rese~rch activities at various levels including the setting up of new research institutions, establishments, units and technical services; (r) arrange and carry out periodic reviews and evaluation of research activities and super vision of research insti tutiom:i; (s) delegate any of its powers to any member of the Boa.rd or any-other officer of the Board; ·-and (t do all such things as may be incidental to the better carrying out of the provision of this Act. 5.(1) The Board shall consist of (a) the Permanent Sectary Ministry of Agricultural who shall be an ex-officio member: (b) the Permanent Secretary Ministry of Finance who shall be an ex officio member; (c) the Permanent Secretary Ministry of Natural Resources and The Environment who shall be an ex-officio member; ..., 11"3. •• I The National ,tgricu/tural ksearch Board Act, 1993. (d) the DiPector General of the National Agricultural Research Institute to be established by the Board under section 7; (e) six other members who shall be qualified persons with tech nical competence and experience to be selected by a Search and Selection Committee appointed under subsection (3). (2) The Board shall have a Chairman and Vice Chairman who shall be appointed under subsection (l)(e); (3) The Minister shall in consultatio with the Minister of Natural Resources and The Environment appoint a Search and Selecti Committee which shall consist of the three ex-officio members and at least three other persons to select the persons referred to under Subsection (l)(e). (4) The Board may invite any persons with speciai qualifications to act as con sultant or adviser at any of its meetings, (5) Every non ex-officio member shall hold office for a period of three years from the date of appointment and shall be eligibli for re-appointment at the expiration of such term but in no case. shall a mamber be ap pointed to serve more than three consecutive terms. (6) The Chairman may by writing under hand addressed to the Minister, resign his office and any other member except an ex officio member may resign his office by writing under his hand addressed to the Chairman. 11,e National Ag,lcultu,a/ Research Boaid Act, 1993. -~ Ptt;etings arrl pro cedure Insti tut:i.CJ"IS af fug Board 6. ( 1) The Board shall meet for the discharge of its business at least once every six months or upon the request in writing of the Chairman by at least one third of the members of the Board. (2) The Chairman shall preside at all mee·tings of the Board at which he is present on in his absence the Vice Chair man shall preside. (3) One third of the members,includitlg the Cbairan or Vice Chairman shall form a. quorum at every- meeting of the Board. · (4) Decisions of the Board shall be determined by a simple majority vote of the •member present and voting, and in case of .equality of votes, the person presiding at the meeting shall have a ca~ting vote. (5) Subject to this sectiol'l, the Board may aetermine its own rules of procedure. 7 The R~search Institutions shall be established by re~ulations. h Research 8. ( 1) ; There shall be a Research Ccmnittee Cof[IIJlittee of the Board composed of at least five members including scientists of international standing approved by the Board and the Director General of the Research .Institute. (2) The Research Committee shall, (a) review the research and training programmes of the institute before implementation; ..... 71ir N""°""' A,Wlllral RaNr,:I, Board Act, 1993. '.Ihe Fiam::e Connittee Other Com,., mittees of the Board Meetings and Pro ... · cedure of the Com mittee (b) mandate and review external research programme reviews as well as the annual report of the institute; ai1d {c) advise on the institute's research planning systems and the research monitoring or P.Valuation system •. 9. (1) There shall be a Finance Com mittee whose members shall be appointed by the Board from among representatives of' donors funding research through the Board and shall include the Director General of the National Agricultural Research Institute and, the Permanent Secretary Ministry of Finance and Eoonomio Affairs and four other persons appointed by the Board. (2) The Finance Committee shall, (a) review and approve the arinual budget and finan cing plan of t'h~ insti tute; (b) review research contract proposals and contracting arrangements; and (c) approve the procedure and appointment of independent auditors of the Board. 10. The Board shall appoint such other committees for any general or special purpose as it considers neces sary. 11 T~e Committee shall meet at such times·and in accordance with such pro cedures as the Board may determine. TIie National ~lcultural Ro«lrd, IIN,d kt, 1993 .. - -------------------------Tech- 12. (1) The Board shall establish a nical Technical Secretariat which shall be Secre- responsible for implementing the tariat policy of the Board and for organising, co-ordinating, supervising the activities of' the Board. Remune ration of mem bers (2) The staff of the Technical Secre tariat shall consists of the head of ,the Secr~tariat and such other qualified staff as the Board may deem necessary. ( 3) The Head df the Technical Secretariat shall be the Secretary to the Board. 13. Members of the Board or any other person attending any meeting of the Board may be paid such remuneration or allowances as the Board may, with the approval of the Minister, determine. Funds of 14. (1) The funds of the Board shall the Board consist of (a) subvention from Govern ment; (b) grants, donation and en dowments that may be received from sources within and outside the country; and (c) any monies that may become payable to the Board in the discharge of its functions. (2) The funds of the Board shall be kept in a bank approved by the Minister. The balanceThe balance The National A.,rlt:,,hwal Researcl, Board Act, 1993. Accounts and Audit 15. (1) The Board shall, within a period of three months before the end of each financial year, make and submit to the Minister responsible for Finance, for his approval, es timates of the income and expenditure of the Board ~or the ensuing year. (2) No expenditure shall be made out of the funds of the Board unless the expenditure has been approved by the Board under the es.timates for the year in which such expenditure is made, or in any other estimates sup plementary thereto. (3) The Board shall keep books of accounts of all its income and expenditure and proper records in relation thereto. (4) The Board shall prepare in respect of each financial year, a statement of account which shall include (a) sheet, a statement of income, and a statement of surplus or deficit; ~ b )· such other information in respect of the financial affairs of the Board as the Minister responsible for Finance or other donors may require. (5) The accounts of the Board shall, in respect to each financial year, be subject to audit by independent external Auditors to be appointed by the Board. The National ~tu,,d Raea,d, """4 Act, 1993. Agri cultural .Products Annual 'report Ught to invention (6) The Board shall ensure that within three months from the end of each financial year, a statement of account of the .Board is prepared and submitted to the .Auditors. (7) The Auditor shall audit and deliver to the Board for approval, a copy of the audited accounts together with his report thereon not later than three months from the date of his receipt of the statement of account. Copies of audited accownts and the Auditor's report thereon, shall be delivered to the Government and donors. (8) The funds of the Board that are not immediately required for use shall be invested in such manner as the Board may with the approval of the Minister responsible for finance deter mine. 16. The Agricultural Products which may from time to time be spe cified by reguiation shall be aari cultural natural resources products for the purposes of this Act. 17. The Board shall within three months after the end of each financial year, send to the Government and donors a report on the activities lf its activities including achieve ,nents and -future plans. 18. All rights of Patent in discoveries, inventions and improvements on apparatus and machines, shall vest isl the Board but may be made available·f"nr uso tn the public interest, 77,t, National .qrleultural Raeonlt Board kt, 1993~ Regu lations Bye-Law 19. The Minister may in colla boration with the Board, make regu lations for the better carrying out of the provisions of this Act. 20. The Board may make bye-laws providing !'or, (a) the composition of the governing bodies and appointment of the staff of the Research Insti tutes and the rules of procedure for their operations; and (b) the appointment of members of the Committees of the Board and their rules of procedure. PASSED In the Bouse or KepresentatlYts tJjfl 29fi h· dff -al J,m,a1 ID the year of Our Lord 0.TlaousaadNlD.e Hua.dndlD4Niaety'l1Llel. D.S. N111, 0.IU,/IM HOIMo/ Ju,, ,.,,,,, Tms PJmnm) IIIPRJISSrON hu been careruHy eompartd bf me wftJl the Bill which ha$ passed the House of Reprcsentatavc.llld rouad by me to be a true a.o4cor.rcct copy of the saicl Bill. D.S.-• O,,lof* BouoJ lwfllldldlf& · Printed by tbo Oowmment PrhlW, Under the Ministry or laformadoD and Tourilm Baojal Thi Gambia 5'1/693(300