Agricultural Research Institute Act, No. 8 of 2012

THE AG RI CU LT URAL RESEARCH INSTITUTE ACT, NO. 8 OF 2012 ARRANGEMENT OF SECTIONS TITLE PARTI PRELIMIJ\ARY PROVISIONS Short title and commencement. Interpretation. PART II ESTABLISIIMENT OFTIIE AUTIIORITY Establishment of the Institute. Seal of the Institute. Functions and powers of the Institute. PART III ADMINISTRATION OFTIIE INSTITUTE Establishment and composition of the Council. Functions of the Council. Meeting and procedure of the Council. Appointment of the Director. I:unctions of the Director. Appointment and functions of ChiefJ\gricultural Research Ollicer. Establishment ofTechnical Committee. Functions of the Committee. PART IV RESEARCH OPERATIONS OFTIIE Ii\STJTt:TE lnfo1111ation to be furni shed to the Institute. Provisions relating to discoveries. Discoveries and invention. 131 ' . PARTY Fll\Al\CIAL PROVISIOl\S 17. Funds ofthc Institute. 18. Investment of the Institute Funds. 19. Annual Budged Estimate. 20. Account of the Institute. 21 . Financial repo11 of the Institute. " Audit ofAccount. ')"' ,. 24. 25 . PART VI MI SCELLAl\EOUS PROVI SIO:\S Power to make Regulations. Offences and Penalties. General Offences. S CHEDULE ACT i\O. 8 OF 2012 I ASSEi\T { DR. ALI MOHAMED SHEli\ } PRESIDEi\T OF ZAi\ZIBAR Ai\D CHAIRMAi\ OF THE REVOLUTIOi\ARY COUi\CIL zgth May, 2012 Ai\ ACT TO ESTABLISH THE ZAi\ZIBARAGRICUI;ruRAL RESEARCH Ii\STITUTE AND OTHER MATTERS COi\i\ECTED TI IEREWITI I Ei\ACTED by the I louse of Representatives of Zanzibar. PARTI PRELIMINARY PROVISIOi\S I ...... , , 1. This Act mav be cited as the Zanzibar Auricultural Research Institute Sho n titk ., ~ and \ct. 2012 and shall come into operation upon being assented to by the ~,Hn111 cncc Prcsidcnt. 111 cn1. 2. In this Act. unk<-;s the context otherwise requires: ··agriculture·· means crop growing or in situ. forestry and any ecological resources functioning: Agricultural Linc Ministries .. means the Ministries responsible for key agricultural activities listed in the ScheduleofthisAct; agricultural research·· means sci en ti fie and technical research in connection with agriculture and environment which includes publication and dissemination ofresearch materials: Interpreta­ ti o n . r • 134 ··ChiefJ\gricultural Research Ollicer .. means a person appointed under section 11 ofthisAct: ··Council .. means the council established under section 6 ofthisJ\ct: .. crop .. means a cultivated or wild planting materials or agricultural produce or sequestration: Director·· means a person appointed under section 9 of this J\ct: ·•disease .. means a pathological condition of a part. organ. process or a system or an organism resulting from various causes. such as infection. genetic detect or environmental stress. and characterized by an identifiable group of signs or symptoms: ••institute .. means the Zanzibar Agricultural Research Institute established under section-3 of this Act; ·•Minister·· means the Minister responsible for A!,'liculture: Ministry·· means the Ministry responsible for A6'1iculture: ··pest"· means a destructive animal. especially an insect which attack l.Tops: .. President"" means the President of Zanzibar and Chairman of the Revolutionary Counei I: Research Divisions·· means the Divisions established under section 23 of this J\ct: ··variety"· means a plant grouping \Vi thin a single botanical tax on of the lowest genetic makeup. which grouping can be: (a) defined by the expression of the characteristics resulting from a given genotype or combination of genotypes: ( h) distinguished from any other plant material by the expression of at least one of the said characteristics: and (c) considered as a unit with regard to its suitability for being propagated unchanged. PARTII ESTABLISHMENT, FUl\CTIOl\ SAl\D POWERS OF THE INSTITUTE 135 3.(1) There is hereby established an Institute to be known as Zanzibar Estahli sh • I IR h I • mcnt of cu tura esearc nstltutc. the (2) The Institute shall be a body corporate and have a perpetual ession with common seal and shall by its name have power to: (a) sue and being sued: (b) borrow money by way ofloan: (c) acquire purchase hold or dispose off any movable and immovable property: (d) enter into contract or any transaction and do or cause to be done any thing which such body corporate may lawfully do or cause to be done: ( e) exercise powers and pcrf orm such functions which the Institute is empowered to perform under this Act. Institute . 4.( 1) There shall be a Seal of the Institute in the fonn and size as may be seal t>f the ennined by the Council. Institute . (2) The Seal of the Institute shall be properly affixed ifaccompanied the signature of the Director or any other person authorised on his If 5.( 1) The Institute shall perfonn the following ti.mctions: Functions and powers (a) to carry out, and promote the carrying out of agricultural or the Institute . (b) research within the jurisdiction of Zanzibar; to conduct basic and applied agricultural research in crops, environment, livestock, forestry, fisheries, land, water, pests, diseases and all related species, processes and ecosysterm; ' . 136 (c) to conduct basic and applied agricultural research that will accelerate productivity through scientific management of crops·. enYironment. livestock. forestry. fisheries. land. water. and dcYclopmcnt of appropriate technologies including new varieties and management of pests and diseases: ( d) to identity production. policy. market. processing and utili;,.ation constraints in the field of agriculture and natural resources and prepare short and long tem1 research program within the framework of the Zanzibar Agricultural Research Master Plan: ( e) to carry out licld trials and demonstrations of new technologies or innovations including new Yarieties of crops. management of pests. disease and management of natural resources: (t) to set up appropriate research centres. sub-stations. project areas and fam1s in different agro-ecologies of the country for carrying out research on various problems of agriculture: (g) to train research and extension officers on improved technologies ofa6rricultural production: 01) to organize seminars. symposiums and workshops on selected problems which may alford specialists from diltcrent Research Institutes and stations opportunities to exchange ideas and be acquainted with the recent advancements in a6>Ticulture: (i) to organize. design and carry out on station and participatory research in the fields in accordance with Agricultural Sector Policy and Research Master Plan as may be determined: (j) to provide the farmers with the information necessary for carrying out their farming business ctkctively and elliciently: (k) to publish annual reports. ai:,>Ticultural manuals. monograms. bulletins and other literatures relating to agricultural research and the activities of the Institute: (1) to establish and maintain documentation center for research information: (m) to perform such other functions as may be necessary for the purposes ofthisJ\.ct. (2) The Institute may. in the execution of its functions associate \Vith 'levant Institutions \Vithin and outside United Republic ofTanzania. PART Ill ADVII:\ISTRATIO:\ OFTIIE I:\STITUTE (I) There shall be the Council of the Institute which shall consist of the 1ing members: (a) ChaiqJerson who shall be appointed by the President: (b) four other members who shall be appointed hy the Minister in consultation with relevant authorities at least t\rn among them should be female: they are: (i) one representative from Higher learning Institution from Zanzibar dealing with research: (ii) one representative from the ministry responsible for research coordination: (iii) one representative from Zanzibar Planning Commission: (iv) one representative from the non-governmental organization dealing with ag1iculture. (c) Directors responsible for research from Agricultural Linc Ministries as prescribed in the Schedule of this A.ct: (d) the Dircctorofthe Institute. (2) J\. person shall not quali(y to be appointed as Chairperson of the ncil. unless he 1x)sses at least first degree in Agriculture or related sciences a recognized Institution and have \rnrking experience nfat least li\·e (3) Except for the Director and Directors responsible for Research as tinned in the Schedule. the qualifications of the other members of the ncil shall be at least first degree from recognized Institution and working 'ric11ce of live years. 137 htahlish 111 ,.nt an<.J i..:lllllpllSi l iu11 .,r th~ l'PIIIH:iJ. ' . 138 Functions of the Council. ( 4) The members of the Council shall nominate one among them to be a Vice Chairperson who shall preside over the meeting of the Council in the absence of the Chairperson. (5) The term of office of the Chairperson shall be four years and the other members ofthe Council shall hold office for the term of three years. / but shall be eligible to be appointed for another one term. (6) Any member of the Council may be suspended from being a member for incapacity, misbehavior or for non attendance for three consecutive meetings of the Council without written notice. (7) The Council shall, in the performance ofits functions be answerable to the Minister. (8) The Council shall have a Secretary who shall be a lawyer for the . Institute, and win perform the following functions: (a) to keep the minutes of the Council in a manner approved by the Cow1cil; (b) to keep register ofresolutions and decisions of the Council; (c) to make all necessary preparations for the meeting of the Cow1cil: ( d) to infom1 relevant otricers of the decisions and resolutions of the Council; (e) to perform any other duty as directed by the Council or Director. 7.( l) The Council shall pcrfom1 the following functions: (a) to provide strategic management and directi, cs for better implementation of agriculture related research activities to the Institute; (b) to provide guidance on formulation and implementation of the agricultural research policies; ( c) to guide Technical Committee on the best ways of attaining the objectives of this Act; ( d) to manage the property and business, income, funds and other affairs of the Institute; ( c) to approve the annual estimates of the revenue and expenditure of the Institute for the respective financial year. ; ( l) to issue guidelines prescribing the tem1s concerning the buying. selL take or grant of any discovery; (g) subject to the provisions of this Act and Public Service Act. to recruit such employees of the Institute as it may consider necessary for the better performance of the Council and the Institute. (2) The \1inistcr may give to the Council lawful directives ofa general specific character regarding the perfonnance of the Institute ofany of its ctions under this Act. and the Council shall give effect to every direction ·en to it. (3) The Counci l may invite any person to assist in carrying out its nctions except that the invited person shall have no right to vote on any atter coming up for decision at the meeting of the Council. 139 8.( 1) The meetings of the Council shall be convened by the Secretary of :vtwing 'Council. in consultation with the Chairperson. once in ·every quarter in a anu prnccuurc a~ of the Council. (2) The Chairperson may convene an extra ordinary meeting when ems necessary. (3) Subject to subsection ( 1) of this section, the Secretary shall give at st seven days· notice in writing to each of the members of the Council 'cifying the time and place appointed for and the business proposed to be 1sacted at a irn::et'ing of the Council. ( 4) Subject to the other provisions of this section. the Counci l may 2ulate the proceedings of its meetings. (5) The quorum ofa meeting of the Council shall be more than halfof total number of members of the Council. ' . 140 App ,,int­ mcnt o f the I> ir, , tPr. Functions of th , Di rector. (6) ·rhedecision of the Coueil shall be hvconsensus and if the members foil to reach the consensus. the decision shall he hy way of voting and in the equality of votes the Chairperson shall have a casting vote in addition to his deliberative vote. (7) An act or proceedings of the Council shall not be invalid or called in qqcstion on the ground ofany vacancy in the post ofany member. or any deficiency in the proceedings of the Council. • 9.( 1) There shall be a Director of the Institute who shall be appointed by the President. (2) A person shall qualify to be appointed as a Director it: he: (a) has a minimum of Masters Degree in Agriculture or related Sciences from recognized Institution"" ith sotmding experience in areas of research and development: (b) has working experience of not less than ten years in any ahrricultural research discipline. (3) The Director shall be the I lead and Chief Executive Oflicer of the Institute and shall be responsible to the Council for all matters relating to the Institute. 10. The Director shall perfom1 the following functions : (a) to provide leadership to the Institute and Research Divisions . in planning. implementation and evaluation ofagricultural research for development: (h) to manage the funds and other resources of the Institute: (c) to facilitate the implementation of research programs and activities of the Research Divisions as may be established by the regulations made under this Act: (d) to receive on behalfoflnstitute gill. donations. tees and other monies payable to the Institute: (c) to perform uny other functions for the purpose of the impkmcntation ofthis/\ct. 11.( I) There shall be a Chid'/\gricultural Research OJ1iccr who shall be appointed by the Council and shall be the holder of a minimum of Masters Deg.rec in Agricultural Sciences from recognized Institutions ,vith the ~xperiencc of nPI kss than ten years in agricultural related researches. 141 i\ppoint­ m~nt anu functions of Chid­ Agrirnl Research (2) The Chicf/\gricultural Research Orticcr shall he the principal Officer. assistant to the Director of the Institute and shall perform the follO\\·ing limctions: (a) to assist the Director in erisuring that all research proposals arc submitted to the Council for the approval: (b) to coordinate all agricultural research programmes and activities under the guidance of the Director: (c) to prep,1rc and document annual report of research works presented hy \ arious Divisions in the annual agricultural research re\'iev,: meetings; (d) to assist the Director in planning anci designing appropriate research for various Research Divisions: and (e) to perform any other duty as assigned by tlK· Director. ( 3) The Chief Agricultural Rcsearl'. h Olfo.Tr ~;h,111 hold oflice for the term or Ii ve years. but shall be eligible t1) be re-appoinled for another one tcnn. 12.( 1) There shall be a Technical Committee to he- known as the 1-s tahli,11 Agricultural Research Institute Technical Commiltce. ment or Technical Commit (2) The Technical Committee shall comprise o!"thc folll)wing members: tn· . (a) the Director of the Institute wl11i shall be 1hc Chairperson: (h) the Chief/\grieultural Research Ol"lic..:nvho shall be the Secretarv: ' . 142 Functions of the Commit­ tee . Informa­ tion to he furnished to the ln~titutc . l'rO\ is inn s rdat1n g hl dis ,ovcries ( c) the Heads of Research Divisions: ( d) Chief Extension Officer from the Ministry: and (3) The Technical Committee may invite any person to assist in carrying out its functions. 13. The Technical Committee shall pcrfom1 the following funeti6ns: (a) to prepare research work plans of the Institute and submit 1 to the Council; (b) to review research proposal in terms of priorities and I technical content: (c) to monitor. evaluate and report research findings to the Council: and (d) to perform any other functions as may be prescribed or directed by the Courier!. PART IV RESEARCH OPERATIOt\S OFTIIE ll\STITUTE 1-l( 1 ) Any person engaged or purporting to engage in agricultural research within the jurisdiction ofZanzibarshall, at his own expenses. famish infom1ation to the Institute in relation to that research. and shall make available to the Institute copies ofany relevant records or findings. (2) Notwithstanding the provision of subsection ( 1) of this section. the Institute may enter into Memorandum of Understanding \Vith any person or organizations engaged in other al I ied sci en ti tic research. vvi thin or outside Zanzibar. for the purpose of establishing a system of exchanging infom1ation in relation to agriculture or other allied sci en ti fie research. 15.( 1) For the purpose of commercial exploitation ofany discovery which the Institute consid crs important for the use in relation to the improvement of agricultural production. the Institute may ammge with any person to buy. sell. take or grant any agricultural related discovery subject to the tem1s approved by the Council. (:?.) Every disco\·c: ry made as a result of research carried out unckr is1\ct shaH tx: registered by the fnst itute in such fo1m and upon such conditions the \t1 inister inay by regulations under this Act prescribe. 16.( 1) All agrieulturnl related discoveries and inventions made by the st itute or by any of its orticers or employees or agents in the course of the rfr,rm:mcc of its fi.mctilms under this Act. shall be the property of the Institute d the f nstitutc may make such disco,·e1y or invention available to the public. (2) The Institute may with the approval of the Minister: (a) p:1y such honuses or royalties as it may think tir. to any person \\ ho 111~1kes anv discoYer\" or invention in the course of anv - - ., research undertaken by. or carried out under the directions of the Institute. ,vhether such 1xrson is an oil icn or employee of the Institute or not: (b) \\hcthcr any disco, ·cry or im·ention is made a\'ailablc to the public subject to the payment offces or royalties~excmpt any person from the requirement to pay such foes or royaltil'.S or any portion thereof. PARTY FL\Ai\"CIAL PROYIS IO:\S Di scu vcr i11,·c111i on. 17.( I) The funds of the f nstitutc shall be administered by the Council ,md Funds or all consist of the follo\\ings:- the Inst itute . (a) such sums as shall be appro\'cd by the House of Representatives for the purposes of the Institute; (b) such sums as may in any manner become payable to or ,·cstcd in the Institute either under the provisions ofthisAet or incidentally to the carrying out or its functions: (c) grants. gi f"t-; and donations frnm other Institutions or individuals: (d) any money payable by the way or fees. contribution for rc~earc:h acti,·itics. • I • 14-t In, <.:Stlll<.:llt ,,r th,· ln stilut..: , nual llutlgnl L,11111a1..: . ,\,·..:,u111t nf th..: ilhllllll..: 1'1 11 anr1 ,d f..:ptlr\ 1, f th..: ln ,ll tUI<.: . 18. The Institute shall ha\'e power to in\'est its funds in such in\'estment and subject to such condition as prescribed by the Council. 19.( 1) At least three months before the com1m:ncemcnt ofany linancial year. the Director shall prepare for the appro\'al or the Council. annual estimates oft he re,-cnuc and c:---pcnditurc of the Institute I ix the tinancial year. (2) The Council shall. bclt)rc the com1rn:ncemcnt ofa tinancial year. consid~r anJ appro\'e. subject to such modi lications and amendments as may consider approp1iate the estimate prepared in accordance ,,ith subsection ( I ) of this section. (:;) ~o c:xpcnditure shall he incu1Ted for the purpose of the Institute except in accordance with the annual estimates. or in accordance with the pro\'isions ofany supplementary estimates appro\'eJ hy the Council. (4) The annual estimates anJ ofc\'ery supplementary estimates. if any. shall. immeJiatcly upon the appro\'al hy the Council. he submitted to the Minister. 20. The Institute shall cause to he kept proper accounts as soon as is practicable a tier the end or each tinancial year together with: (a) a statement ofim:rnm: and e:xpcnditure drning such tinancial Year: and ( h) a statement oft he assets and liabilities of the Institute on the last day to such tinancial year to he submitted to the \ 1 inister not later than 301 " July of each year. 21 .( 1) The Din.·ctor shall at the end of each financial year prepare a report on the acti\'ities of the Institute during that linancial year and submit to the Council and alier approYal. shall submit such report to the \tlinistcr. (2) The \1inister shall cause the report to he laid before the I louse or Represcntati,·es under the nom1al pwccdure. 22. I 111.: C11um:il sh;ill. as soon as the accllunts of the Institute has heen lit\.',!. ;md in ;m, case not later than si.\ months a tier the close or 1.:;1ch 1111 .. i, tl , L\tr.. submit IP the\ 1inister such audited statements ofaccounts and ''I': , ii · thL· r-:pPrt made hy the Controller and Auditor General on thL' k'l llt .. 'l )h l \ r the ;1cc1 Hlll!S. PART VI .\JISCELL\:\EOl'S PROVISIO:\S 2J ( I l I Ii-:\ lini:--IL'r sh;1II make regulations forcllcctin: implementation 1his . \ct. ( :2) \\ ithuut 11rL:iudicc to the getll-rality of the provisionsofsub section I Pf this SL-ct ion. thc \ linistcr may: ( a) prcscrih-: IL'm1s ;md conditions. Ices. rates and other charges I() hc p;1id in connection\\ ith resL'arch activities: ( h) L·~tahl ish Rcsean:h Di\·isions for the purpose of folfillmcnt 11fthis,\ct: (L· 1 rcgulat-: all other matters relatec...l to the purposes anc...l impkmL·ntation of the provisions of this Act. 1-t5 \..,: (1 1lllll R.:~ui'1 111 ' 11' :!-t1 I l . \11: pL·Nm ,, ho contra\·enes or fails to comply with the pro\·isions c >i'li.·n.:,·, ~,· l't 11 ,11 1-l Ill .this .-\ct commits an nffence and upon conviction will be and 1'.:11al11.:, 1h k 111 .1 lin-: or 1101 less than one million shillings and not exceeding ten 1!111 ,11 --. ]ii\lin~s Pr imprisonment for a tenn of not less than one year and nnt c, nli11:-' Ii, L': Gtrs or h11th such tine ;md imprisonment. (: l . y person ,,ho,, hithout ;1uthority: ( ;1) knm, ingly makes a false or incotTect statement that impedes the implementation ofagrirnl1ural research actiYitics: or (h) affect the enjoyment of;1grirnbtur;tl rcscarch: or (c) hindns ()r ohstruct th-: ;1gricultural rescan.:h onicer in c.\1..:rcisi ng his dutiL'S under this 1\ct: (d) transiLT~ hi, rL'"L'.lrch lindin~s Ill ntllLT placc secretly. ' . 146 ( il'llL' ral ( ) lfl'll<.:L" S commits an offence and upon com·iction be liable to a fine of not less than one million shillings or imprisonment for a time ofnot less than one year or both such fine and imprisonment. 25. J y person who \Vithout authority affects or destroys the properties or product or activities related to agricultural research made under this Act commits an ortcnce. and upon conviction be liable to a line.of not less than one million shill(i1gs and not exceeding ten million shillings or imprisonment for a term of not less than one year and not exceeding five years or both to such tine and imprisonment. SCHEDULE AGRICULTURAL LIJ\E Ml:\"ISTRIES [Under Section 6(l)(c)) ( i) :V1inistry responsible for fisheries: (ii) Ministry responsible for 1 i vestock; (iii) \1inistry responsible for em-ironment; (iv) Ministry responsible forwater; (v) Ministry responsible for lands; (vi) \1inistry responsible for local governments; (vii) \1inistry responsible for finance; (viii) \1inistry responsible fortradc; (ix) Ministry responsible for empowem1ent. PASSED in the House of Representatives of Zanzibar on 11 th day of J\pril.2012. ZA:\ZIBAR v1AY. 2012 [ YAHYA KHAMIS HAMAD] Clerk of the 1/ouse <?f Representative.\· Zanzibar