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AGRICULTURAL RESEARCH COUNCIL OF NIGERIA ACT
ARRANGEMENT OF PARTS AND SECTIONS
|I/1-4||Establishment. etc of the Agricultural Research Council of Nigeria||II/5||Functions
|III/6-7||Staff of the Council||IV/8-13||Financial and related Provisions|
|V/14||Establishment of Research Institutes||VI/15-20||Miscellaneous Provisions|
|FIRST SCHEDULE||SECOND SCHEDULE|
An Act to establish the Agricultural Research Council of Nigeria and to provide for the establishment of research institutes by the Council.
COMMENCEMENT: 26th May, 1999
PART I: Establishment, etc., of the Agricultural Research Council of Nigeria
Governing Board of the Council
(a) The Chairman who shall be a person with wide knowledge and distinction in one or more fields of the agricultural sciences;
(b) the Vice-Chancellor of one of the Universities of Agriculture on rotation for 2 years at a time;
(c) the Chairman of the Committee of Deans of the Faculties of Agriculture of the Universities in Nigeria;
(d) the Chairman of the Committee of Deans of the Faculties of Veterinary Medicine of the Universities in Nigeria;
(e) the Chairmen of the Governing Boards of Research Institutes established under section 14 of this Act;
(f) the Chairman of the Committee of Directors of Research Institutes established under section 14 of this Act;
(g) the Directors of the Departments of Agriculture, Fisheries, Forestry and Live-stock of the Federal Ministry of Agriculture and Rural Development;
(h) one representative of the Federal Ministry of Science and Technology, not below the rank of Director;
(i) one representative of the Federal Ministry of Water Resources, not below the rank of Director;
(j) four persons from the private sector with wide knowledge and experience of crops, livestock, fisheries and forestry, respectively; and
(k) the Executive Secretary of the Council who shall be an ex-officio member with no voting right.
(2) The supplementary provisions set out in the First Schedule to this Act shall have effect with respect to the proceedings of the Board and the other matters contained therein.
Tenure of office
(2) The office of a member of the Board shall become vacant if –
(a) he resigns his office by a letter addressed by him to the Minister; or
(b) the Minister is satisfied that it is not in the interest of the Council for the person to continue in office as a member, in which case, the Minister shall, with the approval of the President, notify the member to that effect.
(3) Where a vacancy occurs in the membership of the Board, it shall be filled by the appointment of a successor to hold office for the remainder of the term of office of his predecessor, so however that the successor shall represent the same interest and shall be appointed by the President.
Remuneration and allowances
PART II: Functions
Functions of the Council
(a) advise the Federal Government on national policies and priorities in agricultural research, training and extension activities;
(b) prepare periodic master plans for agricultural research, training and extension and advise the Federal Government on the financial requirement for the implementation of such plans;
(c) ensure the implementation of the approved master plans by the appropriate research institutes, universities and other bodies;
(d) supervise and co-ordinate the research, training and extension activities of research institutes established under section 14 of this Act;
(e) prepare the annual budget for agricultural research, training and extension programmes of the institutes under its aegis and receive grants for allocation to the institutes for the implementation of the annual programmes and to universities and other bodies for special research or training projects;
(f) maintain an up-to-date record of all existing facilities for research, training and extension in the agricultural sciences in Nigeria and advise the Federal Government on their adequacy and efficient utilization;
(g) advise the Federal Government on the re-organization of existing institutes, including the creation of new ones, as are required to implement or further the efficiency of research, training and extension in the agricultural sciences;
(h) promote collaboration between scientists engaged in research in the agricultural sciences in Nigeria and their counterparts in other countries or international bodies;
(i) establish and maintain a National Agricultural Science Library and Documentation Centre and publish or sponsor the publication of the research results in the agricultural sciences; and
(j) carry out such activities as may, in the opinion of the Council, further the advancement of research, training and extension in the agricultural sciences.
PART III: Staff of the Council
Executive Secretary and other staff of the Council
(2) The Executive Secretary shall-
(a) be a person with relevant qualification and experience;
(b) be the chief executive and accounting officer of the Council;
(c) hold office-
(i) for a period of five years in the first instance and may be re-appointed for a further term of five years and no more; and
(ii) on such terms and conditions as may be specified in his letter of appointment.
(3) The Executive Secretary shall, subject to the general direction of the Council, be responsible for-
(a) the day-to-day administration of the Council;
(b) keeping the books and proper records of the proceedings of the Council;
(c) the administration of the secretariat of the Council; and
(d) the general direction and control of all other employees of the Council.
(4) The Council shall –
(a) appoint such number of directors and other employees as may, in the opinion of the Council, be required to assist the Council in the discharge of any of its functions under this Act; and
(b) pay to persons so appointed such remuneration (including allowances) as the Council may, after consultation with the Federal Civil Service Commission, determine.
(5) Notwithstanding subsection (4) of this section, the staff of the Agricultural Sciences Department of the Federal Ministry of Agriculture and Rural Development shall be deemed to have transferred to the employment of the Council on the commencement of this Act.
(6) Any staff mentioned in subsection (5) of this section who does not wish to transfer to the employment of the Council shall remain with the Ministry.
(7) The Council shall have the power to make, with the approval of the Minister, staff regulations governing conditions of service of its employees.
Application of Pensions Act
(3) Nothing in subsections (1) and (2) of this section or in this Act shall prevent the appointment of a person to any office on terms which preclude the grant of pension and gratuity in respect of that office.
(4) For the purposes of the application of the provisions of the Pensions Act, any power exercisable there under by a Minister or other authority of the Government of the Federation, other than the power to make regulations under section 23 of the Act, is hereby vested in and shall be exercisable by the Council and not by any other person or authority.
PART IV: Financial and related Provisions
Establishment of the National Agricultural Research and Extension Endowment Fund
(2) The Council shall invest such monies as may be made available to the Endowment Fund by the Federal Government or by other donors and apply the proceeds to finance research in pursuance of paragraph (e) of section 5 of this Act.
Fund of the Council
(2) There shall be paid and credited to the fund established in pursuance of subsection (1) of this section-
(a) such money as may be made available by the Federal Government for the running expenses of the Council; and
(b) all other money which may, from time to time, accrue to the Council.
(3) The Council shall, from time to time, apply the funds at its disposal-
(a) to the cost of the administration of the Council;
(b) to the payment of fees, allowances and benefits of members of the Board;
(c) to the payment of salaries, allowances and benefits of officers and employees of the Council;
(d) for the maintenance of any property vested in the Council or under its administration; and
(e) for and in connection with the functions of the Council under this Act.
(4) The Council shall invest any money not immediately required by it in Federal Government securities or in such other securities as the Council may, with the approval of the Minister, from time to time, determine.
Power to borrow
(2) No consent or authority shall be required under subsection (1) of this section if the sum or the aggregate of the sums involved at any time does not exceed such amount as is for the time being specified in relation to the Council by the Federal Government.
Power to accept gifts
(2) The Council shall not accept any gift if the conditions attached by the person or organization offering the gift are inconsistent with the objectives and functions of the Council under this Act.
Annual estimate accounts and audit
(2) The Board shall cause to be kept proper accounts of the Council and proper records in relation thereto and when certified by the Board, the accounts shall be audited by auditors appointed by the Council from the list and in accordance with the guidelines supplied by the Auditor-General for the Federation.
(3) Any member, agent or employee of the Council who fails, without reasonable cause, to comply with a requirement of an auditor under subsection (2) of this section, commits an offence and is liable on conviction to a tine not exceeding N10,000.00 or imprisonment for a term not exceeding three months or to both such fine and imprisonment.
PART V: Establishment of Research Institutes
Power of the Minister to establish research institutes
(2) An order establishing a research institute under this Act may contain supplementary or incidental provisions, including provisions for-
(a) the designation of the institute;
(b) the matter or matters on which the institute is to conduct research, including training and extension where appropriate;
(c) the transfer to the institute of the assets and liabilities of any existing Federal research establishment;
(d) the establishment, constitution and proceeding of a governing board to manage the affairs of the institute;
(e) a suitable association or other forms of relationship of the institute with any university or institution of higher learning in Nigeria.
PART VI: Miscellaneous Provisions
Offices and premises
(a) purchase or take on lease any interest in land; and
(b) build, furnish, equip and maintain residential quarters, offices and premises.
(2) Subject to the Land Use Act, the Council may, with the approval of the Minister, sell or lease any residential quarters, land, offices or premises held by it and no longer required for the performance of its functions.
Directives by the Minister
Saving of certain research institutes
“Agricultural sciences” includes crop science, fisheries, forestry and veterinary science;
“Board” means the Governing Board of the Council;
“Chairman” means the chairman of the Board;
“Council” means the Agricultural Research Council of Nigeria established under section 1 of this Act;
“Endowment Fund” means the National Agricultural Research and Extension Endowment Fund established under section 8 of this Act;
“Executive Secretary” means the Executive Secretary appointed for the Council under section 6 of this Act;
“Member of the Board” includes the chairman;
“Minister” means the Minister charged with responsibility for Agriculture.
FIRST SCHEDULE [Section 2 (2).]
Supplementary Provisions relating to the Board, etc.
Proceedings of the Board
(2) The quorum of the Board shall be the Chairman or the member presiding at the meeting and not less than one-third of all the members of the Board and the quorum of any committee of the Board shall be determined by the Board.
(2) At any meeting of the Board, the Chairman shall preside but if he is absent, the members present at the meeting shall appoint one of their number to preside at that meeting.
(3) Where the Board desires to obtain the advice of any person on a particular matter, the Board may co-opt him to the Board for such period as it thinks fit; but a person who is in attendance by virtue of this sub-paragraph shall not be entitled to vote at any meeting of the Board and shall not count towards a quorum.
(2) A committee appointed under this paragraph shall consist of such number of persons (not necessarily members of the Board) as may be determined by the Board and a person other than a member of the Board shall hold office on the committee in accordance with the terms of his appointment.
(3) A decision of a committee of the Board shall be of no effect until it is confirmed by the Board.
(2) Any contract or instrument, which, if made or executed by a person not being a body corporate, would not be required to be under seal may be made or executed on behalf of the Council by the Chairman or any person generally or specially authorized to act for the purpose by the Board.
(3) Any document purporting to be a document duly executed under the seal of the Council shall be received in evidence and shall, unless and until the contrary is proved, be presumed to be so executed.
SECOND SCHEDULE: [Section 14 (1).]
Provisions relating to Research Institutes
(2) The members of the governing board of each institute shall be appointed by the Minister with the approval of the President on the advice of the Council.
(a) prepare a programme of research within the field for which the institute is responsible, under the approved master plan prepared by the Council in pursuance of section 5 (b) of this Act, together with detailed estimates of the expenditure which will be required for carrying out the programme;
(b) review and, if necessary revise, each year the programme approved under sub-paragraph (1) (a) of this paragraph for the following year, together with the estimated budget for that year;
(c) carry out the programmes of research approved by the Council;
(d) make suitable arrangement for the application of the results of the research work of the institute by Federal and State Ministries, agencies and the private sector to development activities; and
(e) do anything and enter into any transaction which in its opinion ought to be done in the proper discharge of its functions.
(2) Each institute shall, in particular, and without prejudice to the generality of the foregoing power, have power to acquire and hold immovable property.
(3) For the purpose of the Land Use Act, the purposes of an institute shall be public purposes of the Federation within the meaning of that Act.
(2) The Director shall be-
(a) a person with wide experience of the matter with which the institute is concerned;
(b) charged with the day to day management of the affairs of the institute in accordance with such instruction as may from time to time be given to him by the Governing Board of the institute; and
(c) appointed in accordance with the regulations and conditions of service approved by the Council.
(2) There shall be paid into the fund such sums as may be made available to the Institute by the Council and such other assets as may accrue to the Institute from time to time.
(3) The fund shall be managed in accordance with rules made by the Federal Minister of Finance, and without prejudice to the generality of the power to make rules conferred by this section; the rules shall include provisions –
(a) specifying the manner in which the assets and the fund are to be held and regulating the making of payments to and from the fund;
(b) requiring the keeping of proper accounts and records for the fund in such form as may be specified by the rules;
(c) for ensuring that the accounts are audited annually by an auditor approved by the Council.
Power to borrow money
No Subsidiary Legislation