National Agricultural Advisory Services Act, 2001

The Act may be cited as the National Agricultural Advisory Services Act, 2001.

This section provides definitions of terms used in the Act, including 'advisory services', 'agriculture', 'Board', 'District NAADS Co-ordinator', 'farmer', 'farmers group', 'farmers forum', 'Local Governments Councils', 'Minister', 'Organisation', 'Parish', 'Secretariat', 'service provider', and 'Sub-county NAADS Co-ordinator'.

The Board must perform a set of functions including policy formulation, support and supervision of organisational functions, advising on programme and strategy, supporting the Secretariat, setting targets and approving plans and budgets, appointing and disciplining Secretariat staff, and performing other functions as directed by the Minister.

The provisions of the First Schedule apply to meetings of the Board.

The Board may appoint committees, may delegate functions to committees subject to conditions, and must prescribe the procedure of any committee appointed under this section.

Establishes the National Agricultural Advisory Services Organisation (NAADS) as a corporate body with perpetual succession and a common seal, and grants it powers to sue or be sued, own and manage property, enter contracts, and perform acts lawful for bodies corporate.

The Executive Director must keep the Organisation's seal in custody, and the seal must be authenticated by the signatures of the Chairperson of the Board and the Executive Director; documents sealed and authenticated in that way are deemed valid and admissible in evidence unless shown otherwise.

The Organisation is established to promote food security, nutrition and household incomes by improving productivity and market‑oriented farming; to empower farmers to access contracted agricultural advisory services; to build farmer group capacity; to create financing and delivery options for agricultural advice (with emphasis on subsistence farmers, including women, youth and people with disabilities); to shift delivery from public to private providers; to develop private sector advisory capacity and assure quality; and to catalyse private sector funding for advisory services.

The Organisation shall perform functions to modernise agriculture, including supporting advisory services, technology and market linkages, monitoring advisory service quality, supporting institutional development, managing programmes, ensuring research needs are met, and collaborating with government, local authorities, the private sector and universities.

The Organisation shall be composed of the Board, the Secretariat, and the farmers’ fora.

Defines the Board of Directors composition, appointment processes, tenure (three years with one reappointment possible), grounds for vacating office, and that the Executive Director is Secretary as an ex‑officio member.

Members of the Board and persons attending Board meetings may be paid remuneration or allowances if approved by the Minister.

The Organisation must have a Secretariat headed by an Executive Director; the Minister must appoint the Executive Director on the recommendation of the Board; the Executive Director is responsible for day-to-day operations, funds, property, general affairs and staff, subject to this Act and the Board's supervision.

The Organisation must have other officers and employees in the Secretariat as determined by the Board with the Minister's approval; the Board must determine and the Minister must approve terms and conditions of service for the Executive Director, officers and employees.

Individuals with a common farming interest and existing legal farmer groups may fill Form I (Second Schedule) to register with NAADS; upon receiving those forms the Sub-county Chief shall issue a certificate of registration.

A farmers group may be deregistered if it dissolves itself, ceases to comply with the Organisation, or mismanages the Organisation's funds.

Specifies composition and roles for the Sub-county Farmers Forum: the Sub-county NAADS Co-ordinator is the Secretary to the Forum and secretary to its executive committee, is an ex‑officio member, and the chairperson of the Forum is also chairperson of its executive committee.

Sets the functions of the Sub-county Farmers Forum (consider and approve annual workplans and budgets for NAADS, advise the Organisation on implementation strategies, and monitor NAADS implementation) and requires the Sub-county Procurement Committee to co‑opt the Chairperson of the Sub-county Farmers Forum and the Sub-county NAADS Co‑ordinator when awarding NAADS contracts and to comply with the Local Government Financial and Accounting Regulations, 1998 to the extent not inconsistent with this Act.

Creates a District Farmers Forum in each District linked to the National Farmers Forum and Secretariat; lists membership; elects the chairperson from Sub-county chairpersons; and makes the District NAADS Co-ordinator the Forum Secretary.

The District Farmers Forum must consider and approve district annual workplans and budgets for NAADS, advise the Organisation on implementation strategies, and monitor NAADS implementation in the district.

Establishes a National Farmers Forum composed of district chairpersons, two elected farmers per district, and invited stakeholders identified by the Minister; the NAADS Secretariat shall provide the Forum's secretariat.

The National Farmers Forum must perform several functions including participating in monitoring and evaluation of advisory services, reviewing local government agricultural plans, advocating for agricultural development, providing feedback, and nominating farmer representatives to the Board.

Farmer groups and Sub-county, District and National Farmers Fora must regulate their own procedures; members of the farmer forum have a term of office of three years, renewable once.

The Organisation must contract service providers to advise farmer groups, associations or co‑operatives at the Sub‑county level; signatories to contracts and competency/registration requirements for service providers are specified; farmers must assess service quality and technical departments must audit it.

A service provider must carry out the functions and roles set out in the contract and in the Fourth Schedule.

The provision lists the sources that make up the Organisation's funds and requires that all moneys for its operation be deposited in the Organisation's bank account in a bank approved by the Minister after consultation with the Minister responsible for finance; withdrawals are constrained to methods approved by the Board.

The Organisation's financial year is the 12-month period from 1 July to 30 June of the following year.

The Board must prepare and submit annual estimates of income and expenditure to the Minister responsible for finance at least three months before the end of the current financial year; the Board may prepare supplementary estimates before the end of the current financial year.

The Organisation must keep proper accounts and records and submit an annual report within three months after the end of each year; the Auditor General must audit the accounts within three months and the Minister must lay the annual report and Auditor General's report before Parliament within three months of receipt.

Members and committee members acting in good faith and without negligence are not personally liable for actions taken to carry the Act into effect.

The Executive Director must submit to the Board quarterly reports, returns and summaries on the Organisation's activities and must submit an annual progress report.

The Minister may make regulations by statutory instrument to carry into effect the Organisation's objectives, functions and the provisions of this Act.

The Minister may amend any of the Act's Schedules, on recommendation of the Board and by statutory instrument.