National Agricultural Research Act , 2005 (Act 19)

ACTS -SUppLEMENT No.9 21st November,2fi)5. ACTS SUPPLEMENT 10 The Uga da Gazette No.74 Uolwne XCVI dated2lstN enbct,2005 Printed by UPrc, EnlebtE by Order of rhc Govemhent Act L9 National Agricultural Research Act TTIE NATIONAL AGRICI.]UTURAL RESEARCH ACT, 2OO5' Seclion. ARRANGEMENT OF SECTIONS PART I-PRTLMINARY l. Citation 2. Interpretation 3. Purpose of this Act 4. Objects of agricultural research PART II-INSTITUTIONAL ARRANGEMENTS. Establishment of the National Agricultural Research Organisation Object of the Organisation Functions of the Organisation Other functions of the Organisation The members of the council Disqualification from appointment as member of the council Tenure of office of council members Remuneration of council members. Meetings of the members of the council Functions of the council Secretariat and staff of Organisation Functions of dkector general Vacation of office by the director general Other staff Comminees of the council The finance, scientific and users committees Penr III-PnovrsroN oF AGFJCULTURAI Rrseencs SERvlcEs. Provision of agricultural research services Common function of agricultural research service providers Registering of agricultural research service providers I 2005 5. 6. 7. 8. 9. 10. ll. t2. 13. t4. 15. r6. t7. 18. I9. 20. 2t 22 23 Act 19 Section. 24. 25. 26. 27. 28. 29. 30. 31. 32. N at ional Ag ric ul t ural Re s earch Act Guidelines for carrying out agricultural research Contracting of agricultural research service providers Functions of universities and tertiary institutions Functions of the private sector and civil society organisations PART IV-EsrABLrsHutent op pUgLtc AcRIcULTURAL REseetrcH INsrrtutEs. Establishment of public agricultural research institutes Operarions of a public agricultural research Institute Establishment of other public agricultural research institutes Functions of a public agricultural research institute Composition of a management committee of a public agricultural research institute Functions of the management committee Tenure of office of the management committee Remuneration of the management cornmittee Funds of the organisation and of a public agricultural research institute Meetings of the management committee PART V-FARMERS' FoRA AND Orgen Fanuens' Gnoups on OncaNrsATroNs 38. Farmers' fora and other farmers' groups or organisations Panr VI-DrscovERrES, INVENTToNS AN'D IMpRovEMENTS BY ACRICTILTURAL RESEARCH Sen Tce Pnovnens. 39. 40. Rights of patents, invention etc Amendment of the Patents Act, Cap 216 Panr VII-Fru,qruce 2005 33. 34. 35. 36. i 37 41. 42. 43. 44. rI Agricultural Research Trust Fund Utilisation of the Agricultural Research Trust Fund Funds of the organisation Estimates ) National Ag ricultural Research Act Use of Funds Financial year Books of account Duty to operate on sound financial principles' Power to open and operate bank accounts Borrowing powers Annual and other rePorts Accounting officers PART VIII-MISCELLANEOUS. Official seal of the organisation Powers of the Minister. Service of documents Protection of members and employees Regulations Delegations Transfer of assets and liabilities. Succession Amendment of Schedules Repeal and savings, CaP 205 SCHEDULES. FIRST SCHEDULE--4urrencY Point SECOND SCmDULE-Meetings of the council THIRD SCffiDULE-Public agricultural research institutes FOURTH SCHEDLILE-Meetings of the managemenl committee FIFIH SCHEDULE-Composition of interviewing panel 2005Act 19 Section. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 6t. 62. 3 Act l9 N at ional Ag ric ult ural Re s ea rch Act 2005 THE NATIONAL AGRICULTT]RAL RESEARCH ACT, 2005. An Act to provide for the development of an agricultural research system for Uganda for the purpose of improving agricultural research services delivery, financing and management; establishment of a National Agricultural Research Organisation with its governing council and as body corporate to serve as the apex body for guidance and coordination of all agricultural research activities in the national agricultural research system, to repeal the National Agricultural Research Organisation Act, Cap 205 and to provide for other related and incidental matters. Drrr on AssENr: 4th September, 2005. Date of Conttnetrcemut: 2lst Novembel 2005 Bs Ir ENacrso by Parliament as follows: Penr I-PnBlnlNeny 1. Citation This Act may be cited as the National Agricultural Research Act, 2005. 2. Interpretation In this Act, unless the context otherwise requires- 4 Act 19 National Agricultural Research Act 2005 "adaptive research" means research designed to solve a specific problem for a specific decision maker or research designed to adjust a technology to specific environmental conditions, including the selecting or customising of technologies, processes, or knowledge to suit the needs of users in a specific location; "agriculture" means the management and utilisation of natural resources to produce food, drink, fibre, wood and other products; "agricultural" means the various kinds of activities and jobs or work connected, associated or based on agriculture; "agriculturalist" means a person involved in the profession dedicated to the harnessing of plants and animals for food, drink, hbre, wood and other products and educating people how to do it for human use; "agricultural product" means any plant or animal product or such other product as may be declared to be an agricultural product by the Minister for the purposes of this Act; "agncultural research" means the furtherance, accumulation and improvement of knowledge in the agncultural and related sciences through original and other investigations and methods of a scientific or indigenous nature into the production, treatment or handling of an agricultural product, including research required for a better understanding of the process involved in or the environment necessary for the production of an agricultural product with the advancement of agriculture as its object; "agncultural research service provider" means any person whether in the public or private sector who conducts or manages agricultural research in accordance with this Act; and includes a public agncultural research institute, universities, tertiary institutions, farmers groups, civil society organisations, private sector organisations and any other entity as may be determined by the council; 5 Act 19 Nafional Agricultural Research Act 2005 "applied research" means research on a subject with a broad range of problems facing a society as a whole or research that i creates new technologies; "basic research" means research designed to improve a discipline and advance the frontiers of knowledge or research that creates new scientific knowledge and may consist of research to develop or improve theones, techniques or measurements with known or unknown relevance; "chairperson" means the chairperson of the council appointed under section 9; "currency point" has the value given to it in the First Schedule to this Acr; "council" means the governing body of the National Agricultural Research Organisation; "development" means the activities by which knowledge acquired through research is scaled-up and utilised; "director general" means the director general appointed under section l5: "farmer" means a person who gathers or raises plants, livestock, poultry and fish as food, drink, wood, fibre and other products for human usel "farmers' fora" means institutions comprising of democratically elected representatives from farmers' g.orp, ut the sub county, district or national level; "farmers' organisations" means organisations recognised by the council and are formed by those engaged in either pioduction or r- processing or marketing of a specific agricultural Commodity; "farmer groups" means groups constituted by farmers who have co[rmon agricultural interests and is recognised by the council; "Fund" means the Fund established under section 4l: 6 accordance with this Act; "innovative agricultural research" means agdcultural research that- - otu, nol be considered immediately relevant but which may op"n up opportunities for the future and is funded under the innovative fund; "invention" includes the development' in whatever way' of new animal breeds, plant cultivars and other organisms living or nonJiving; "management committee" means the management committee of a public agriculturaI research institute; "Minister" means the Minister to whom the President has assigned responsibility for agricultural research; "NAADS" means the National Agricultural Advisory Services established by the National Agricultural Advisory Services Act, 200I1 aPPlied and adaPtive research; "organisation" Organisa means the National Agricultural Research tion established under section 5; '1 Act 19 3. Purpose of this Act The purpose of this Act is ro- National Agicultural Research Act "private agncultural research,, means rese on technological innovations r agricultural research service provi others to capture all or some of generated by their innovation; 2005 arch that focuses largely hat enable inventors, ders, private firms and the economic benefits "public agricultural research,' means research that focuses on public interests and research outputs of public goods natur;; "public agricultural research institute.' means a public agncultural research institute established under secrio; 2g: "research of national strategic interest,' means agncultural research that Uganda cannot rely on third parries tJ conducq "technology transfer,' means the transfer of knowledge, techniques and processes for their application; and "zonal agricultural research and development institute,, means azonal agricultural research and development institute established under section 2g. (b) provide for a market-responsive and client onented national that generates knowledge and ates demand driven problem on a sustainable basis; lronmentally sound technologies 8 Act 19 National Agricultural Research Act 2005 (c) create options for financing and delivery of agricultural research services appropriate for the different categories of farmers and market needs of Uganda; (d) facilitate the involvement of the private sector, universities, the civil society and others in the govemance, financing, management and conduct of agricultural research; (e) provide innovatrve mechanisms for allocation and execution of agricultural research contracts including devolution of responsibilities for contracting of agricultural research to client- led organs and the provision of agncultural research services to the most competent agricultural research service providers; (f) provide for the continued public sector participation in the governance, financing, management and conduct of agncultural research; (g) provide for coordination of implementation of agricultural research activities either singly or jointly, with one or more agricultural research service providers; (h) promote linkages, partnerships and collaboration among various categories of agncultural research seruice providers whether public, private, local, regional or intemational in the conduct, financing and development of agricultural research in Uganda; and (i) provide for sustainable institutional arrangements for the governance, financing, management and conduct of agricultural research in Uganda. 4. Objects of agricultural research The objects of agncultural research in Uganda are tG- (a) transform agricultural production into a modem science-based market oriented agriculture capable of greater efficiency, profitability and of sustaining growth in the agricultural sector while contnbuting to poverty eradication; 9 Act 19 National Agricultural Research Act ZO0S (b) promote agriculture and related industry for the purposes of contnbuting to the improvement of the quality of lif.e and Iivelihoods of the people, having regard to the protection of the environment; and (c) support the developmenr and implementation of national policy with relevant information and knowledge. P.qnr II-INsrrrurroNAL ARRANGEMENTS 5. Establishment of the National Agricultural Research Organisation (1) There is established an Organisation to be known as the National Agricultural Research OrgSnisation. (2) The organisation is a body corporate with perpetual succession and a common seal and may- (a) acquire, hold and dispose of moveable and immoveable property; (b) sue and be sued in its corporate name; and (c) do all other things as a body corporate may lawfully do. (3) The organisation shall comprise the council as its goveming body, committees of the council as its specialised organs, a secretariat for its day-to-day operations with the semi aut onomous public agricultural research institutes under its policy guidance. 6. Object of the organisation The organisation shall be the principal institution for the coordination and oversight of all aspects of agricultural research in Ugancla. 7. Functions of the organisation (1) The functions of the organisation shall be to (a) provide strategic drrection for publicly funded agricultural research in Uganda and act as a forum for agricultural researchers in Uganda; l0 a Act 19 National Agricultural Research Act 2005 (b) coordinate and oversee, in collaboration with the Uganda National Council for Science and Technology and other lead agencies, the development, consolidation and implementation of agricultural research policy and national research strategies, plans and budgets relating to publicly funded agricultural research ; (c) set national priorities and harmonise agricultural research activities of the national agricultural research system, constituent institutions and public agricultural research institutes, civil society organisation' private sectors and farmer organisations and promote delivery of quality and efficient agncultural research services; (d) advise and coordinate formulation of policy and legislative proposals, research standards, codes of ethics, conduct and practice; and guidelines for delivery of agricultural research servlces: (e) provide guidelines, guidance and ensure delivery of quality agrrcultural research by agricultural research service providers; (f) in collaboration with other relevant agencies, provide policy guidance to local govemments on matters relating to agricultural research; (g) carry out monitoring and evaluation of national agricultural research programmes, projects and activities to ensure adherence to the set work plans, standards and regulations; (h) mobilise funds for agricultural research and manage the agricultural research trust fund including raising funds for research of national strategic interest; ll Act 19 National Agricultural Research Act 2005 and technology transfer in the agricultural sector so as to optimally utilise agricultural resources and improve production capacity of such resources; () provide leadership and advocacy for the promotion, protection and development of agricultural research in Uganda; (k) make grants or provide funds to any institution or person for the advancement of agriculttrral research and development on both competitive and non-competitive basis; and (l) perform such other functions as are conferred on the organisation by this Act or any other law for the purpose of promoting agricultural research and development. (2) In carrying out its functions as a forum for agrjcultural researchers in Uganda, the organisation shall convene a meeting at least once a year of representatives of agricultural research service providers,. farmers, private sector and civil society and other stakeholders for the purpose of discussing issues relevant to agncultural research and setting agricultural research priorities. 8. Other functions of the organisation The organisation shall, in addition to its functions, in section 7. and subject to its objects- (a) advise the Minister on research, development and technology transfer in the field of agriculture;. (b) co-ordinate, collect, collate and analyse data and information on agricultural research and ensure their publication and dissemination, and take inventory of all agricultural research in Uganda; (c) inspect facilities and any area where agricultural research is being carried out or intended to be carried out; (d) register potential agricultural research service providers in the public and pnvate sectors; and ).2 Act 19 National Agricultural Research Act 2005 (e) maintain a central register of agricultural research and development. 9. The members of the council (1) The council shall consist of the following members- (a) an eminent Ugandan scientist who shall be a chairperson appointed by the Minister; (b) four representatives of farmers, at least two of whom shall be women elected in a manner prescribed by the Minister by recognised Farmers' Groups or organisations and one of whom shall be a person with disabilities elected in a manner prescnbed by the Minister; (c) a representative from the private sectort (d) a representative of the Uganda Non-Govemmental Organisations Forum; (e) three persons with expenence in agricultural research representing the Universities, public agricultural research institutes and private agncultural research providers at least one of whom shall be a woman; (f) a representative of the local authorities nominated by the Uganda Local Authorities Association; (g) the Permanent Secretary of the Ministry responsible for agncultural research; (h) the Permanent Secretary of the Ministry responsible for finance; (i) the director general. ex-oficio: () the Executive Director NAADS, ex-fficio; and (k) the Executive Secretary of Uganda National Council for Science and Technology, ex-fficio. r3 Act 19 Na onal Agricultural Research Act 2005 (3) The Minister shall in levant bodies appoint the members of the council the members of the council, ensure that there is a ence and gender (4) The members of rhe council orher rhan the director general shall hold office on terms and conditions specified in their instruments of appointment. (5) The director general shall be the secretary to rhe council. (6) Membership of rhe council shall be on part rime basis. 10. Disqualification from appointment as member of the council A person shall not be appointed member of the council who (a) is an undischarged bankr.,;1. or who has made any assignment or arrangement with his or her creditors: or (b) is incapacitated by mental or physical illness rhat renders him or her incapable of performing the function of the officel or (c) is a person convicted of an offence of a moral turpitude. 11. Tenure of office ofcouncil members (l) A member of the council, other than the director general, shall hold office for three years and is eligihle for re-appointment for one more terrn. (2) A member of the council may, at any time, resign his or her office by letter addressed to the Minister. (3) The Minister may, at any time, remove a member of the council,except the director general, from office t4 Act 19 National Agicultural Research Act 2005 (a) for inability to perform the functions of his or her office arising from inhrmitY of bodY or mind; (b) for misbehaviour or misconduct; (c) for incomPetence; (d) if a vote of no confidence is passed against a member of the council by the body that nominated him or her to the councili (e) absence without prior permission of the chairperson for more than four consecutive meetings of the council ; (f) bankuPtcY or insolvencY; or (g) conviction of a criminal offence, in Uganda or elsewhere' in respect of which the maximum penalty exceeds six months imPrisonment. 13. Meetings of the members of the council The Second Schedule to this Act shall apply to meetings ofthe members of the council and other matters provided for in that Schedule' 14. Functions of the council The council shall, subject to the provisions of this Act' carry-out the following functions- (a) formulate the policies and strategies of the organisation; (b) ensure that the objects and functions of the organisation are carried out; (c) manage the property, business, income, funds and other affairs of the organisation; r5 Act 19 National Agricultural Research Act ZWs(d) set targets and approve work plans and budgets for the organisation; (g) appoint the direcrors an agricultural research ins the council shall ensure committee of the respect institute in the entire process and the interviewing panel forthis purpose shall be Constitut"a in u".oraun"1 with rhe fifrhschedule; and (h) perform any other functions rerating to the above as the Ministermay direct. 15. Secretariat and staff of organisation(l) The organisation shaf have a secretariat which shall be . responsible for the day to day operations of tn" o.ganirmon. (2) The secretariat shall be headed by the direcror general who shallbe appoinred by rhe Minisrer on ,h. .""".;.;;;;;;inX".irn.ir on .r"nterms and condirions ro be specified in tt" inrt u."nt oi ip[ir,."n,. , (3) ttre director general shall be a person with a minimum ::illl,-.r,i"l of a masrers degree. with p-*n "*p"ri"n"e in public orpnvate sector management and administration, and *ith .elerantexperience in agricultural research. , .(4) ^The director general shall hold office for four years and iseligible for re-appointment for one fr rther term- (f) appoint and discipline secretariat; members of staff of the organisation,s t6 Act 19 National Agricttltural Research Act 2005 16. Functions of director general ( 1) The director g"n".ui i, the chief executive of the secretariat and is responsible for the day-to-day operations and administration of the secretaflat. (2) Subiect to this Act and to the general supervision and control of the council the director general is responsible for- (a) tendering advice to the council; (b) coordinating and implementing policies' programmes and activities of the organisation and reponing on them to the council; (c) the proper management of the funds, property and affairs of the organisation; (d) managing the various funds created by this Act; contracted directly by the organisation; (0 the management and control of the staff of the organisation's secretari at; (g) the development of an operating plan and strategies to guide the organisation in achieving its objectives; (h) the development of management plans and strategies for utilisation in agricultural research; (i) the development of an efficient and cost effective internal management structure; and () performing any other duty that may be assigned to him or her bY the council or under this Act' t'7 Act 19 National Agricultural Research Act 2005 . (3) The director general, in the performance of his or her functions, is answerable to the council. 17. Vacation of oflice by the director general. The director general shall cease to hold ffice if (a) he or she resigns; (b) he or she is declared or becomes bankrupt, insolvent or has made an arrangement with his or her creditors: (c) he or she is convicted of an offence involving dishonesty, fraud or moral turpitude; (d) he or she is removed from office by the members of the councilfor- (i) inability to perform the functions of his or her office arising from infirmity of body or mind; or (ii) misbehaviour or misconduct; or (iii) incompetence. 18. Other staff (l) The organisation shall engage such other officers and employees as may be necessary for the proper and efficient dischargei of its objects and functions. , , . (2J^ Th" officers and employees appointed under this section shall hold office on terms and conditions thaiihe council may dete.mine. l8 Act 19 . National Agricultural Research Act 2005 19. Commiitees of the council (1) The councit may appoint such committees as it may determine to assist it in the carrying out of its functions and may delegate to any committee such functions as it may consider ht and subject to such condition as it maY determine. (2) The committee appointed under subsection(l) shall consist of a chairperson who shall be a member of the council and four other persons whether members of the council or not. (3) The council shall prescribe the procedure of any committee appointed by it under this section. 20. The finance, scientific and users committees (l) Without prQudice to the provisions of section 19, there is estabtished the foilowing standing committees of the council whose members shall be appointed in accordance with section l9- (a) finance committee; (b) scientific committee; and (c) users committee. (2) In appointing the committees, the council shall ensure that there is adequate .epresentation of farmers on the finance committee and that the user committee is composed of farmers and other users of result of agricultural research. (3) The finance committee shall- (a) ensure that financial and other resources are mobilised and effectively dePloYed; review and recommend for approval annual budget and financing plan of the organisation and public agricultural research institutes; I9 (b) Act 19 National Agricultural Research Act 2005 (c) plan financing of the envisaged agricultural research, development and technology transfer, taking into consideration the available expertise and the econorruc ments; and (d) subject to rhe insrrucrions of the council, perform such other functions as the council may determine. (4) The scientific committee shall- (a) ensure that publicly funded agricultural research has a scientific, social, economic and environmental basis: (b) recommend national thematic research areas on basis of national priorities determined in consultation with stakeholders; (c) identify core agricultural research activities to be undertaken by the public agricultural research institutes; (d) review and recommend on the core capacity rncluding on an annual basis, the budgetary resources required to undertake core agricultural rcsearch activities by public agricultural research institutes; (e) review projections on requirements for different types of scientific expertise and recommend appropriate human resources development and capacity development needs for the entire agricultural research system; (f) coordinate the extemal and peer reviews of publicly funded agricultural research programmes, proposals and bids for their scientific integnty, raking into consideration the available experlise, facilities, the economic and social ments; and (g) perform such other functions as the council may determine. (5) A users commrttee shall- (a) ensure that the clients' needs and prionties are met in all agncultural research activities; and (b) perform such other functions as the council may determine. 20 .- Act 19 National Agricultural Researclt Act 2005 Panr III-PnovlstoN oF AcRICULiTuRAL RESEARcH SERVICE 21. Provision of agricultural reseaFch services Under the national agricultural research system, agricultural research services shall be provided by agricultural service providers who shall compflse of public agricultural research institutes' universities' tertiary instiiutions, private sector organtsations, civil society organisations' fu.rn"rt g.orit and any other entity with appropriate capacity as may be determined by the council. 22. Common functions of agricultural research service providers (1) The functions of agricultural research service providers shall include- (a) carrying out agricultural research whether basic' applied' adaPtive or strateglc; (b) utilisation of the technologies and expertise in its possesston arising out of publicly funded agricultural research including making it generallY available; (c) mobilising teams to carry out agncultural research; (e) participating in problem identification and prioritisation; (f) establishment and control of facilities in fields of research' development and technology transfer which are of interest to them or which the organisation may from time to time delegate to them; (g) the training of agricultural researchers and others; (h) hinng or letting of services for the management and conduct of agncultural research; (i) establishing and maintaining collaboration with other agriculturil research service providers' organisation and agricultural research institutes both at national and international levels; 21 Act 19 0) National Agricultural Research Act 2005 reporting on the findings of agricultural research to the organisation in particular agricultural research service undertaken with public funding from the organisation; (k) as an end-product of research development and technology transfer undertaken- (i) produce, process and sell agricultural products; (ii) conduct or commission market research and sale of its results: (iii) provide against payment, services not directly related to agricultural research; (l) acquisition and dissemination of agricultural research and development results from tertiary institutions and other entities; and (m) provision of grants for agricultural research and development activities; (n) providing agricultural research services as a contracted agricultural research service provider and entenng into performance iurangement with the organisation or any other person; (o) ensuring the multiplication of foundation technologies; (p) undertaking agricultural research with farmers and other stakeholders; and (q) collaborating and consulting with the farmers' fora and farmer groups or organisations provided for under pan V of this Act. (2) An agncultural research service provider shall be professionally competent as shall be determined by the council. 23. Registering of agricultural research service providers (l) No person or institution shall provide or carry out agricultural research service using public funds under this Act, unless that person or institution is registered to do so by the organisation or is working in partnership and under the guidance of a person or institution registered by the organisation. 22 Act 19 National Agricultural Research Act 2005 (2) The Minister shall, on the recommendation of the council by ."gulutionr, provide the system of registenng of agricultural research ..,iri"" prouid".s and the fees payable and other matters connected with it' (3) Any person who contravenes this section, commits an offence and is liable on conviction to a fine not exceeding twenty four currency points or impnsonment not exceeding one year or both' 24. Guidelines for carrying out agricultural research (l) The council shall issue guidelines and such directives as may be necessary for the conduct and management of agricultural research' (2) Any person who fails to comply with the guidelines or directives irsuei undli subsection (l) commits an offence and is liable on convictron to a fine not exceeding twenty four currency points or imprisonment not exceeding one year or both' 25. Contracting of agricultural research service providers (l) The council may contract or enter into an arrangement with an agriculiural research service provider to czlrry out agricultural research on any agncultural product or activily' code of conduct issued by the organisation' 23 Act 19 Nariottal Agricultural Researclt Act 200526. Functions of universities and tertiary institutions Subject to the Universities and rertiary In.trtrtion" e.1, 2tN2 and inaddition to the provisions of section 22(1'), the function of universities andtertiary institutions in the provision of agricultural .es"a..h ,hall b. (a) training the personnel who shall act as agncultural research service providers; (b) acting as centres of excellence, especially for basic scientific research; (c) providing services as managers of agnculturar research at any level; (d) conducting strategic research on contract from the organrsation and the pnvate sectori and (e) undertaking adaptive research on a competitive basis from organisation, local governments, civil soCiety and the pnvate sectot 27. Functions of the private sector and civil society organisations , (1).In addition ro the provision of section 22(l), the'pnvate sector and civil society organisations shall (c) provide advice and information to support the development and implementation of a given policy. (2) The organisation may contract the universities, private sectorand civil society organisations to provide a vanety oi agricultural research services such as- (a) providing services as managers of agricultural research at any level; (a) participate in the articulation agricultural research services; (b) mobilise and provide funds, agricultural research; and of demand and supply of personnel and facilities for )4 Act 19 National Agricultural Research Act 2005 (b) conducting agricultural research through contracts from the organisation, from the public agricultural research institute or from local govemments; (c) conducting technology demonstrations and multiplication; and (d) participating in monitoring and evaluatlng agricultural research prograrnmes. Pent IV-EsrnsLlSHMENT oF PuBLlc AGRIcULTURAL RESEARCH INSTITUTES 28. Establishment of public agricultural research institutes (l) For the purpose of this Act, there are established public agncultural research institutes as provided in the third schedule to this Act as semi-autonomous agencies under the policy guidance of the National Agricultural Research Organisation for the purpose of providing agncultural research services. (2) The public agncultural research institutes shall be of two categones- (a) national agricultural research institutes; and (b) zonal agricultural research and development institutes. (3) The objectives of public agncultural research institutes shall be- (a) in case of national agncultural research institutes, to manage . and carry out agricultural research of a strategic nature and of national importance; and (b) in case of zonal agricultural research and development institutes, to manage and carry out agricultural research whether applied or adaptive for a specific agro-ecological zone. (4) A public agncultural reseiuch institute shall be under the general supervision of its management committee. 25 Act 19 National Agricultural Research Act 2005 29. Operation ofa public agricultural research institute (l) A pubtic agncultural research institute shall be autonomous in its operations relating to the implementation of its programmes, allocation and management of its resources in accordance with its approved annual programmes and budget as approved by the council. (2) Each public agricultural research insrirute shall have a management committee. (3) Each public agricultural research instrtute shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its own name and do things as body corporate may lawfully do. 30. Establishment ofother public agricultural research institutes Subject to section 60, the Minister may, on the advice of the council, establish such other public agricultural research institutes, as may be deemed necessary for the pur?oses of carrying out agncultural research. 31. Functions ofa public agricultural research institute In addition to the functions prescribed in section 22, the specific functions of a public agricultural research institute shall be as follows (a) planning, conducting national strategic agncultural research which is of public interest and in case of zonal agricultural instirute, conducting applied and adaptive research of zonal importance; (b) acting as a centre of excellence and reference on specified agricultural research programmes and enterprises; (c) conducting relevant training and skills development programmes for other agncultural research serltce providers; (d) maintaining core technical, admlnistrative research staff and facr lities; (e) providing technical back-stopping to advisory service providers in collaboration with NAADS; 26 Act 19 National Agricultural Research Act 2005 (f) establishing and malntaining regular contacts and collaboration with othir research and technology institutes both at national and intemational levels; and (g) exploring new opportunities in agricultural research and develoPment. 32, Composition of management committee of a public agricultural research institute (l) A management committee of a public agncultural research institute shall coniist of persons provided for in subsections (2) and (3) (2) In case of a National Agricultural Research Institute, it shall comprise of- (a) the director of the institute who shall be an e-r-fficio member; (b) a representative of the Ministry responsible for agricultural researchl (c) three representatives of the farmers, at least one of whom shall be woman elected in a manner prescnbed by the Minister by recognised Farmers' Groups or farmers' organisation and one of whom shall be a person with disabilities elected in a manner Prescribed bY the Minister; (d) a representative of the agricultural advisory service providers; (e) an eminent scientist not affiliated to any of the public agricultural research institutes; and (Q two other persons of integrity and who had experiences of and proven capacity in economic, finance, development, business or administration. (3) In case of the Zonal Agricuttural Research and Development Institutes, it shall comprise of the following- 27 Act 19 National Agriculrural Research Act ZO0S (a) thrce representatives of farmers at least one of whom shall be a woman elected in a manner prescribed by the Minister by recognised farmers, group or famers, organisations and one of whom shall be a person with disabllitics elected in a manner prescribed by the Minister; (b) a n by the agricultural advisory service n the area served by a particular zonal and development institute; (c) the director of the zonal agricultural research and development institute, er- offi c io member; (d) a representative from rhe distnct local governments served by a particular zonal agricultural research and development institute: and (e) two other persons of integrity and had experiences of and proven capaclty rn economic, finance, business, administration. development or (4) The members of the management committee shall recommend to the council for appointment a person as their chairperson. (6) The council shall appoint the members of the management committee and membership of the management commitlee shall be on part time basis. (7) The council shall, in appointing the members of the management committee, ensure that there is a balance of skills, gender and experience among the members of the management committee. (8) The members of the management comrni ee shall hold office on tems and conditions specified in their instruments of appointment. ,a Act 19 National Agricuhural Research Act 2005 (9) The Minister may, by statutory instrument alter the composltion of a management committee of a public agricultural research institute as and when necessary. 33. Functions of the management committee The management commiftee of a public agricultural research institute shall- (a) formulate the policies of a public agncultural research institute and mobilise sufficient resources for the proper functioning of a public agricultural research institute; (b) ensure that the objects and functions of a public agricultural research institute are carried out in line with policy and guidelines provided by the council; (c) approve work plans and prepare bqdgets for a public agricultural research institute; (d) appoint and discipline all support staff of a public agncultural research institute: (e) provide technical support and guidance to a public agncultural research institute in the delivery of agricultural research services; (f) convene a meeting twice a year of agricultural researchers from the respective public agncultural research institute, farmers, NAADS service providers, local authorities and other relevant stakeholders for the purpose of discussing matters relevant to the conduct of the respective institutes-program of agricultural research; (g) estabtish and maintain linkages between the respective public agricultural research institute and National Agricultural Advisory Services; (h) establish an appropriate incentive scheme for the employees of a public agricultural research institute; 29 Act 19 (i) National Agricttltural Research Act 2OOs in collaborat human res ate and design the the Public ng Programmes for () prepare for approval by the council rolling three years research and manpower development plans for the pubtic agricultural rcsearch institutes; (k) devclop and implement an agricultural research information management strategy for the public agncultural research institutes and facilitate shanng of information amongst the public agncultural research institutes; (l) revrew and evaluate performance of all agricultural research institutes: and staff of public (i) do all other rhings which are incidental to rhe efficient and effeitive discharge of the functions of the management cornmittee. 34. Tenure of office of the management committee ( I ) A member of the management committee other than director, shall hold office for three years and is eligible for appointment for one more term. (2) A member of the manasemcnr commlttee may at any time, resign his or her office by letter addressed ro the Council. (3) The council may, at any tlme, remove a member of the management commlttee (a) for inability to perform the functions of his or her office ansing from infirmity of body or mind; (b) for misbehaviour or misconductl (c) for incompetence; (d) if the member is absent wlthout pnor permission of the chairperson, for more than four consecutive meetings of the manusement committee: 30 the re- ( Act 19 (e) N ational Ag r ic ultural Re s earch Act if the member is bankrupt or insolvent or enters composition scheme with his or her creditors; or 2005 into a (0 if the member is convicted of an offence involving dishonesty, fraud or moral turPitude. 35. Remuneration of management committee The chairperson and the members of management committee shall be paid such remuneration as the Minister may in consultation with the Minister responsible for public service determrne in relation to that member. 36. Funds ofa public agricultural research institute (l) The funds of a public agricultural research instinrte shall consist of- (a) money appropnated by the Parliament for the purposes of a public agricultural research institute; (b) monies received by virtue of the contracts and the functions performed by the institute as agricultural research service provider; (c) loans, donations or contributions from any person, local govemment, institution or private company; and (d) money which may become payable to the institute in the performance of its functions. (2) All revenue collected by or payable to a public agncultural research institute shall form part of the revenue of the public agricultural research institute and, having regard to its capacity to generate income from its own operations and its annual business plans and budget, the Minister after consultation with the Minister responsible for finance shall determine, in respect of each public agricultural research institute the amount of revenue which shalt remain the property of the public agricultural research institute. 31 Act 19 National Agricultural Re,search Act 2005 37. Meetings of the management committee The Fourth Schedule has effect in relation to meetings of the management committee and other matters provided for in that Schedule. Penr V-FanveRs' FoRA AND orHER FARMERS, cRoups oR ORGANISATIONS 38, Farmers' fora and other farmers' groups or organisations The farmers' fora referred to and established under part IV of the National Agricultural Advisory Services Act, 2001 and other farmer groups or organisations recognised by the organisation shall carry out the following functions for the purpose of this Act- (a) identify and pnoritise agricultural research needsl (b) monitor the effectiveness of agricultural research activitiesl (c) advise on the use and integration of local knowledge in agricultural research; (d) collaborate with agncultural research servrce providers in agricultural research and development activilies: (e) assist local communities to bencfit from agricultural research; (l) perform such other funcri(lns rclating to agricultural research as the organisation may rcquire or delegate to them; and (g) inform the organisation of the ideas, desires and opinions of the people in their respective areas on all matters relating to agricultural research. PART VI-DISCoVERIES, INVENTIoNS AND IMPRoVEMENI.S BY AcRTcULTURAL REsEARCH SrnVrces pnovroens 39. Rights of patents, inventions etc (l) All nghts of patent in discoveries, invenrions and improvements on proprietary inputs both technological and material, transformational systems, selectable markers, promoters, genetic research including diagnostrc probes, shall vesr in the organisation rn cases of agricultural research from public funds. 32 Act 19 National Agricultural Research Act 2005 (2) Subject to subsection (1), the rights in all discoveries and innovations and in all improvements in respect of processes, apparatus and machinery made by- (a) persons assisting the organisation with any investigation or research shall vest in the organisation; or (b) persons to whom bursaries or grants-in-aid have been granted by the organisation, shall vest in the organisation. (3) For the purpose of this section, the intellectual property rights is limited to tools and methods used in agricultural research. (4) The organisation may make discoveries, inventions and improvements referred to in subsection (2) available for use in the public interest subject to such conditions or the payment of such fees or royalties as the organisation may determine. (5) Where any discovery, invention or improvement is vested in the organisation under subsection (1), the organisation may award to the person responsible for the discovery, invention or improvement such bonus as agreed, or make provision for financial participation by that person in the profits derived from the discovery, invention or improvement to such extent as the organisation may determine, after consultation with the Minister and in accordance with the existing laws relating to intellectual propeny rights. (6) The organisation or an agricultural research service provider may apply for a patent in respect of any discovery, invention or improvement referred to in subsection (l), and shall for the purposes of Patents Act and Plant Variety Protection Act be regarded as the assignee of the discoverer or inventor in question. (7) The Minister in consultation with the council shall prescribe by regulations the manner for protecting intellectual property, innovations, improvements and inventions arising out of agricultural research. 33 Act 19 National Agricultural Research Act 2005 40. Amendment of the Patents Act, Cap 216 For purposes of patenting results of a discovery, invention or improvement, made under section 39, section 7 of the patents Act is amended by repealing paragraph (b) of subsection (2). PART VII-FINANCF, 41. Agricultural Research Tiust Fund (I) There is established a fund to be knorvn as the Agricultural Research Trust Fund. (2) Subject to the provisions of rhis Act, the Agricultural Research Trust Fund shall be managed by the council. (3) The monies to constirute the Agricultural Rcscarch Trust Fund shall consist of- (a) moneys appropriated by Parliament; (b) loans obtained by Govemment; (c) grants from donors; (d) any surplus made from rhe operations of thc council and declared to the Minister responsible lor finance; (e) any monies paid into the Fund under this Acrr and (l) any other source approved by the Minister in writing in consultation with the Minister responsible for finance. 42. Utilisation ofthe Agricultural Research Trust Fund (1) The Fund shall be utilised as follows- (a) for funding of core activities of research of national strategic ln tereSt: (b) to creare endowment, with which to suppoll competitive funds; (c) for funding of national and zonal compcritivc agncultural research contracts; and a4 Act 19 National Agricultural Research Act 2005 (d) for funding of innovative agricultural research. (2) The Minister shall, on the recommendation of the council, by regulations provide for- (a) management of the Fund; (b) eligibility criteria for research funding; and (c) adequate representation of farmers on the body administering the Fund. 43. Funds of the organisation (l) The funds of the organisation consist of- (a) money appropriated by Parliament; (b) money received by virtue of contracts and the functions performed by the organisationl (c) donations or contributions which the organisation may receive from any person, institution, government or any other source; (d) interest on investments by the organisation; (e) fees prescribed by the organisation for processing of registration applications charged under this Act, royalties and such other fees, including fees payable annually by registered persons as may be prescribed under this Act; (f) ten percent of the cess collected on agricultural produce export; (g) money borrowed by the organisation under this Act or any orher law; and (h) grants and gifts from Government and grants, gifts or donations from other sources acceptable to the Minister and the Minister responsible for finance. 35 Act 19 National Agricultural Research Act 2005 (2) The organisation shall utilise its funds for defraying expenses in connection with the performance of its functions and the exercise of its powers. (3) The organisation may, in respect of any work performed or services rendered by it under this Acr, or for the use of its facilities or nghts consequent upon any discovenes, inventions or improvements, charge such fee or make such other financial arrangement as it may deem fit. 44. Estimates (l) The director general shall, not less rhan two months before the beginning of each financial year, prepare and submit to the council for its approval, estimates of income and expenditure for that financial year. (2) The director general may also, at any time before the end of the financial year, prepare and submit to the council for approval, any estimates supplementary to the estimates under subsection (1). (3) The council shall submit rhe estimates approved by it under this section to the Minister for his or her approval and the Minister shall submit the estimates to the Minister responsible for finance, for inclusion in the annual estimates of Govemment for a financial year. (4) No expenditure shall be made out of the funds of the organisation unless the estimates in respect of the expenditure have been approved in the manner provided by this section. (5) The organisation and a public agncultural research institute shall not incur any expenditure exceeding its budget without the approval of the Minister. 45. Use of Funds (1) The funds of the organisation and a public agricultural research institute may be applied for the- (a) payment or discharge of its expenses, obligations or liabilities incurred in connection with the performance of its functions or exercise of its powers under this Act, and JO Act 19 National Agricultural Research Act 2005 (b) payment of any remuneration or allowances payable under this Act. (2) Subject to subsection (l), the funds of the organisation and a public agricultural research institute may be invested in- (a) fixed deposits with a bank approved by the council, or a management committee: (b) treasury bills and securities of the Govemment; or (c) such other manner as may be approved by the council or the management committee after consultation with the Minister. (3) Funds of the organisation or a public agricultural research institute may not be invested in any business licensed under this Act. (4) Where, at the end of a financial year of the organisation or of a public agricultural research institute, and after- (a) setting aside the amount required for its capital expenditure and operations; (b) making provision for bad and doubtful debts; (c) making provision for depreciation of assets; and (d) taking into consideration any other contingencies; any surplus is made from its operations, the, organisation and a public agncultural research institute shall declare the surplus to the Minister responsible for finance and it shall be paid into the Fund. 46. Financial year The financial year of the organisation and a public agricultural research institute shall be the twelve months beginning on the lst July of each year and ending on the 30th June in the following calendar year' 37 Act 19 National Agricultural Research Act 2005 47. Books of account (l) The organisation shall keep proper accounts of its income and expenditure and records in relation to them. (2) For the purpose of proper accounting, each public agricultural institute shall keep separate accounts which shall be maintained in a manner and form approved by the organisation and in accordance with the Govemment accounting regulations for the time being in force. (3) The organisation shall, within three months after the end ofeach financial year, cause to be prepared and submitted to the Auditor- General for auditing by the Auditor-General or an auditor appointed by the Auditor-General, a statement of accounts of the organisation for that financial year in a form approved by the Auditor General. (4) The Auditor-General or an auditor appointed by him or her is entitled to inspect all books, papers and other records of the organisation and a public agncultural research institute relating to all matters dealt with in any statement of accounts required to be prepared under subsection (3) and is entitled to any information and explanation required in relation to those financial records. (5) The Auditor-General shall, within three months after receiving the accounts of the organisation under subsection (3), cause them to be audited and reported on in accordance with article 163 of the Constitution. 48. Duty to operate on sound financial principles. The organisation and a public agricultural research instrtute shall, in discharging its functions under this Act, operate in accordance with sound financial and commercial practice and shall ensure that expenditure do not exceed revenue. 49. Power to open and operate bank accounts (1) Subject to section 40 of the Public Finance and Accountability Act, 2003 the orglhnisation and a public agricultural research institute shall open and maintain such bank accounts as are necessary for the performance of their functions. 38 Act 19 National Agricultural Research Act 2005 (2) The organisation and a public agricultural research institute shall ensure that all moneys received by or on behalf of the organisation or a public agricultural research institute are banked as soon as practicable after being received. (3) The organisation and a public agricultural research institute shall ensure that no money is withdrawn from or paid out of any of the bank accounts without the approval of authonsed person. 50. Borrowing powers The organisation and a public agncultural research institute may, with the ,pp.ouil of the Minister given in consultation with the Minister responsible for finance, borrow money from any source as may be required for meeting its obligations or for the discharge of the functions of the organisation and a public agricultural research institute under this Act. 51. Annual and other reports (l) The organisation shall, one month after the end ofeach firnancial year, submit to the Minister, a statement of its activities in the preceding financral ycar, containing such information as the Minister may require' (2) The organisation shall also submit to the Minister, such other reports on its activities or on any other matter as the Minister may, from time to time, require. 52. Accountingollicers ( I ) The director general shall be the accounting officer charged with the responsibility of accounting for all money received, its utilisation and the use and care of the properties of the council. (2) The head of each public agricultural research institute shall be the sub-accountant charged with the responsibility for accounting for all money received, its utilisation and the use and care of all the proPerties of the instrtute he or she heads. (3) A sub accountant refened to in subsection (2) shall for accounting purpose be dlrectly answerable to the accounting olficer refened to in subsection (l). 39 Act 19 National Agricultural Research Act 2005 pARr VIII MrscELLANEous 53. Oflicial seal of the organisation (1) The official seal of the organisation shall be in a form determined by the council. (2) The official seal shall, when affixed to any document, be authenticated by the signatures of the director general and one other member of the council. (3) In the absence of the director general, the person performing the functions of the director general shall sign. contract as the case may be. (5) Every document purporting to be an instrument or contract executed or issued by or on behalf of the organisation in accordance with this sectron sha.ll be deemed to be so executed or issued until the contrary is proved. 54. Powers of the Minister 55, Service of documents (l) Any notice or document may be served on the organisation by delivering it at the office of the director general or by s-ending it by registered post to the director general. (2) Any notice or document may be served on a public agricultural research institute by delivering it at the office of the hiad of the institute or by sending it by registered post to the head of a particular institute. 40 Act 19 National Agricultural Research Act 2005 56. Protection of members and employees ( 1) A member of the council, an employee of the organisation or any person performing any function of the organisation under the direction of the organisation shall not be personally liable to any civil proceedings for any act done in good faith in the performance of those functions. (2) A member of the management commiftee or an employee of a public agricultural research institute or any person performing any function of a public agricultural research institute under the direction of the management committee shall not be personally liable to any civil proceedings for any act done in good faith in the performance of those functions. 57. Regulations (l) The Minister may, by statutory instrument, after consultation with the council, make regulations for the better carrying into effect the provisions of this Act. (2) Notwithstanding the general effect of subsection (1), the Minister may after consultation with the council make regulations- (a) prescribing the procedure and criteria for the allocation of grants both on competitive and non-competitive basis; (b) for the registration, conduct of agricultural research service providers and the payment of fees by agricultural research service providers; (c) for the setting of standards and a code of conduct of the agricultural research service providers; (d) for the management of public agricultural research institutes; (e) prescribing the procedure and criteria for the election of district local govemments and the chairpersons of the management committee; (0 for the registration and management of agricultural research service providers; (g) prescribing anything which is authorised or required to be prescribed under this Act; 4l Act 19 National Agricultural Research Act ZOOi (h) prescribing the procedure and criteria for the election of persons as members of a management committee; and (i) prescribing in respect of the contravention of the regulation, a penalty of a fine not exceeding twenty five currency points. 58. Delegations (1) Thc council, may delegate any of its function under this Act to (a) any mcmber of the council; (b) any public agncultural research institute; (c) any management committee of a public agncultural research rnstitute. (d) any employee of the organisation or of a public agricultural research institute. (2) The management committee of a public agricultural research institute may delegate any of its functions under this Act to- (a) a member of the management committee: or (b) any employee of the public agricultural research institure. (3) Any delegarion made under this Act may be made subject to such conditions and restrictions as may be contained in the delegation. 59. Transfer of assets and liabilities. (l) All property and assets which immediately before the commencement of this Act vested in the National Agricultural Research Organisation for use as it's headquarter shall vest in the organisation. (2) All other property and assets vested in the dissolved Nati5nal Agricultural Research Organisation before the commencement of this Act, shall vest in the respective public agricultural research institutes. (3) The organisation shall assume all the liabilities and trusts affecting the property and assets mentioned in subsections (l) and (2). 42 t Act 19 National Agricultural Research Act 2005 conditions of the agreement or arrangement' e effective date of its operations, acce son who, immediately before the com mployee of the secretariat of the National Agricultural Research Organisation and who was given an option to seive by the organisation and has opted to serve as an employee of the organisation. (3) A person who is not accepted as an employee of the organisation is entitled to terminal benefits and pensions in accordance with the existing terms and conditions of the employment' (4) Any person employed imrnediately before the commencement of this Act with a pubtic agricultural research institute shall, after the commencement oi this Act continue to be employed with the corresponding public agricultural research institute on teffns not less favourable than before. (5) Where a doubt exists as to which institute under this Act correspond to an institute existing immediately before the commencement of this Act, the matter shall be determined by the Minister. 61. Amendment of Schedules The Minister may, by statutory instrument, and with the approval of Cabinet, amend the Schedules to this Act' 62. Repeal and savings, CaP 205 (1) The National Agricultural Research Organisation Act is repealed and the National Agricultural Research Organisation established under it is dissolved. 43 Act 19 Noioaal Agriculural Research Act 2005 rcpealed ng done Act. (3) Any statutory instrument made under the rcpcaled National Agricultural Research Organisation Act and in force on the coming into operation of this Act so long as it is consistent with this Act, shall continue in force until revoked or amended under this Act. SCIMDULES. IL a 4 Act 19 N ational Agricultural Re search Act FIRST SCHEDIILE CURRENCY POINT A currency point is equivalent to twenty thousand shillings. 2005 SECrroN 2 45 Act 19 N ational Ag r icul t u ral Re se arch Act SECOND SCHEDLILE MEETINGS OF TFIE COUNCIL 200s SEcrroN 13 : 1. Meetings of the council (l) The chairperson shall convene every meeting ofthe council at times and places as the council may determine, and the council shall meet tor the discharge of business at least once in every three months. (2) The chairperson may, at any time, convene a special meeting of the council and shall also call a meeting within fourteen days, if requested to do so in writing by at least eight members of the council. (3) Notice ofa council meeting shall be given in writing to each member at least fourteen working days before the day of the meeting. (4) The charryerson shall preside at every meeting of the council and in the absence of the chairperson, the members present shall elect one of their number to preside at the meeting. 2. Quorum The quorum for a meeting of the council is eight members. 3. Decisions of council All questions proposed at a meering of the council shall be decided by a majority of the votes of the members present, and in case of an equality of votes, the person presiding at the meeting shall have a casting vore in addition to his or her deliberative vote. 4. Power to co-opt ( I ) The council may invite any person who, in the opinion of the council, has expert knowledge conceming the functions of the council. or who is likelv to be of assistance to the council to attend and take part in the proceedings oi :the council. (2) A person atrending a meeting of rhe council under this section may take part in any discussion at the meeting on u,hich his or her advice is required but shall not have any right ro vote at that meeting. 46 Act 19 National Agricultural Research Act 2005 5. Validity of proceedings not affected by vacancy The validity of any proceedings of the council shall not be affected by a vacancy in its membership or by any defect in the appointment or qualification of a member or by reason that a person not entitled, took part in its proceedings. 6. Disclosure of interest of members (I) A member of the council who is in any way directly or indirectly interested in a contract made or proposed to be made by rhe council, or in any other matter which falls to be considered by the council, shall disclose the nature of his or her interest at a meeting of the council. (2) A disclosure made under subparagraph (l) shall be recorded in the minutes of that meeting. (3) A member who makes a disclosure under subparagraph (l) shall not- (a) be present during any deliberation of the council with respect to that matter; or (b) take part in any decision of the council with respect to that matter (4) For purposes of determining whether there is a quorum, a member withdrawing from a meeting or who is not taking part in a meering under sub- paragraph (3) shatl be treated as being present. 7. Council may regulate its procedure Subject to this Act, the council may regulate its own procedure or any other matter relating to its meetings. 47 Act 19 National Agricultural Re search Act THIRD SCI{EDULE 2005 SECfloN 28(l) PUBLIC AGRICULTURAL RESEARCH INSTITI]TES PART I-NATToNAL AGRTCULTURAL REssencH lrsrn-rms l. National Crops Resources Research Institute; 2. National Fisheries Resources Research Institutel 3. National Forestry Resources Research Institute; 4. National Livestock Resourcei Research Institute: 5. National Agricultural Research Laboratories; and 6. Serere National Semi Arid Resources Research Institute. PenT II-ZOI,IAL AGRICULTURAL RESEARCH AND DE\ELOPNENT INSTITUTES l. Abi Zonal Agricultural Research and Development Institute; 2. Bulindi Zonal Agricultural Research and Development Institute; 3. Kachwekano Zonal Agricultural Research and Development Institute; 4. Mukono Zonal Agricultural Research and Development Institute; 5. Ngetta Zonal Agncultural Research and Development Institute; 6. Nabuin Zonal Agricultural Research and Development Institute; 7. Mbarara Zonal Agricultural Researches and Development Institute. 8. Buginyanya Zonal Agricultural Research and Development Institute; and 9. Rwebitaba Zonal Agricultural Research and Development Institute. 48 Act 19 National Agricultural Research Act FOURTH SCHEDULE SEcrroN 37 MEETINGS OF MANAGEMENT COMMITTEE 2. Quorum (l) The quorum for a meeting of the management conunittee shall be one- third of the members of the management committe€. (2) All decisions at a meeting of the managernent committee shall be by a majority of the voles of the members present, and in case of an equality of votes, the person presiding at the me€ting shall have a casting vote in addition to his or her deliberative vote. 3. Power to co-opt (l) The management committee of the management committee, has e of the public agricultural research proceedings of the management committee. 2005 ,t l. Meetings of the management committe€ (2) The chairperson may, at any time, convene a special meeting of the management committee and shall also call a meeting within fourteen days if requested to do so in writing by at least four members of the management committee. (3) Notice of a management committee shall be given in writing to each member at least fourteen working days before the day of the meeting. (4) The chairperson shall preside at every meeting of the management committee and in the absence of the chairperson, the members present shall elect one of their number to preside at the meeting. 49 Act 19 Nafional Agricultural Research Act ZWs(2) eting of the management cornrnittee under thissection iscussion at the rieeting on *ii.t his or heradvice have any right to vote a;that meerrng. 5. Disclosure of interert of members (2) A disclosure made under subparagraph (l) shall be recorded in theminutes of that meeting. (3) A member who makes a disclosure under subparagraph (l) shall notparticipare in any deriberation, or rake part in any a".irio. ir,i" managemenrcommittee with respect to that matter. (4) For purposes of determining whether there is a quorum, a memberwithdrawing fr-om a meedng o1 w1o.is nor taking pu.t ln*J-.."ting una".subparagraph (3) shall be rreared as being present. 6. Management e its procedure Subject ro this Acr or any other matte ttee may regulate its own procedure 50 Act 19 N at ional Agric ultural Re s e arch Ac t FIFTH SC}IEDT]LE Cross References The Constitution. The National Agriculrural Research Organisation Act, Cap 205 The Parenrs Act, Cap 216. The Public Finance and Accountability Act, Act No 6 of2O03. 2005 t SEC-IIoN 14 e interviewing panel shall constitute a panel for the selection process of the of the public agricultural research institu;s (a) a representative of the respective public agricultural research institutes; (b) a representative from rhe public service commission: (c) a rcpresentative from the Ministry responsibte for agricultural research; and (d) a representative from the scientific comrnittee of the council. 5l