National Agricultural Research Act, 2005

The Act may be cited as the National Agricultural Research Act, 2005.

Contains definitions of terms used in the Act (e.g. "adaptive research", "agriculture", "agricultural research", "council", "Minister", "Fund", "organisation", and others).

The purpose of this Act is to create an integrated, market‑responsive agricultural research system in Uganda that facilitates sustainable economic, social and environmental benefits, promotes private‑sector and other stakeholder involvement, and provides mechanisms for financing, contracting, coordination, linkages and sustainable institutional arrangements for agricultural research.

Sets the objects of agricultural research in Uganda: to transform agricultural production into a modern science-based, market-oriented agriculture for greater efficiency, profitability and sustained sector growth while contributing to poverty eradication; to promote agriculture and related industry to improve quality of life and livelihoods with regard to environmental protection; and to support development and implementation of national policy with relevant information and knowledge.

A person shall not be appointed a member of the council if they are an undischarged bankrupt, have made arrangements with creditors, are incapacitated by mental or physical illness rendering them incapable of the office, or have been convicted of an offence involving moral turpitude.

The Minister may remove council members (except the director general); council members (except the director general) serve three-year terms and may resign by letter; specified grounds for removal are listed including infirmity, misconduct, incompetence, vote of no confidence, absence for more than four consecutive meetings, bankruptcy, or conviction with maximum penalty over six months.

The chairperson and members of the council are entitled to be paid remuneration determined by the Minister in consultation with the Minister responsible for public service.

The Second Schedule to this Act applies to meetings of the members of the council and other matters provided for in that Schedule.

The council must carry out specified functions including formulating policies, ensuring the organisation's objects are carried out, managing affairs, approving plans and budgets, setting terms of service with Ministerial approval, appointing and disciplining staff, appointing directors and research scientists with management committee participation, and performing other functions as directed by the Minister.

The organisation must have a secretariat responsible for day-to-day operations; the secretariat is to be headed by a director general appointed by the Minister on the council's recommendation; the director general must meet specified qualifications, serve four years, and may be re-appointed for one further term.

The director general must manage the secretariat as chief executive: handling day-to-day operations and administration; tendering advice to the council; coordinating and implementing policies, programmes and activities and reporting to the council; managing funds, property and affairs of the organisation; coordinating and monitoring agricultural research and related contracts; managing and controlling the secretariat staff; developing operating and management plans and strategies; creating an efficient internal management structure; performing other duties assigned by the council or under this Act; and is answerable to the council.

The director general must cease to hold office if removed by the council, resigns, becomes bankrupt or insolvent or arranges with creditors, is convicted of an offence involving dishonesty/fraud/moral turpitude, becomes unable to perform duties due to infirmity of body or mind, or on grounds of misbehaviour, misconduct or incompetence.

The organisation must engage necessary officers and employees; those appointed shall hold office on terms the council may determine; the organisation may provide payments and may require contributions to pension schemes.

The council may appoint committees and delegate functions to them; appointed committees must have a chairperson who is a council member and four other persons; the council must prescribe committee procedure.

Establishes finance, scientific and users committees and assigns specific duties to each; the council must ensure farmer representation on the finance committee and that the users committee includes farmers and other users of agricultural research.

Establishes the National Agricultural Research Organisation as a body corporate with perpetual succession and a common seal; grants it powers to acquire, hold and dispose of movable and immovable property, to sue and be sued, and to perform other lawful corporate acts; and states that the organisation comprises a council (its governing body), council committees, a secretariat, and semi-autonomous public agricultural research institutes under its policy guidance.

The organisation must serve as the principal institution responsible for coordinating and overseeing all aspects of agricultural research in Uganda.

The organisation must perform listed functions to direct, coordinate, support, fund and promote publicly funded agricultural research in Uganda, and convene stakeholders at least once a year.

The organisation must perform a range of functions related to agricultural research, including advising the Minister, managing research data, inspecting research sites, registering providers and maintaining a central register.

Specifies council membership categories; the Minister appoints members in consultation and must ensure balance; members must meet character and experience requirements; director general is secretary; membership is part-time; members (except the director general) hold office on terms in their instruments of appointment.

Agricultural research services must be provided by agricultural service providers under the national agricultural research system.

Agricultural research service providers must perform a list of functions including conducting research, mobilising teams, training researchers, collaborating nationally and internationally, disseminating technologies from publicly funded research, producing and selling agricultural products, providing services for payment, and providing grants; providers must be professionally competent as determined by the council.

Persons or institutions must not carry out agricultural research using public funds unless they are registered by the organisation or working under the guidance of a registered provider; the Minister must provide the registration system and fees on the council's recommendation; contravention is an offence with fines or imprisonment.

The council must issue guidelines and directives for conducting and managing agricultural research; failure to comply is an offence punishable by a fine up to twenty four currency points, imprisonment up to one year, or both.

The council may contract agricultural research service providers; such providers must carry out research in accordance with specified performance contracts and a code of conduct.

Universities and tertiary institutions must perform agricultural research functions including training research personnel; acting as centres of excellence; managing research services; conducting strategic contract research; and undertaking competitive adaptive research.

The private sector and civil society organisations must support and provide a range of agricultural research services, including funding, research, demonstrations, management, advice and programme monitoring.

Establishes public agricultural research institutes (national and zonal) as semi‑autonomous agencies under the policy guidance of the National Agricultural Research Organisation to provide agricultural research services; states objectives for national and zonal institutes and places each institute under the general supervision of its management committee.

Public agricultural research institutes must be autonomous in implementing programmes and managing resources, must have a management committee, must be bodies corporate with perpetual succession and a common seal, and may sue or be sued and carry out lawful corporate acts.

The Minister may establish other public agricultural research institutes, subject to section 60 and on the advice of the council, if deemed necessary for carrying out agricultural research.

Lists the specific functions of a public agricultural research institute, including conducting research, acting as a centre of excellence, training, maintaining staff and facilities, providing technical support, collaborating with other institutes, and exploring research opportunities.

Sets composition of a public agricultural research institute's management committee, requires committee members to recommend a chair to the council, and requires the council to appoint members; the Minister may alter committee composition by statutory instrument.

Section Functions of the management committee Section The management committee of a public agricultural research institute shall— formulate the policies of a public agricultural research institute and mobilise sufficient resources for the

The council may remove a management committee member; members (other than the director) hold office for three years and may be re-appointed once; members may resign by letter; removal may be for listed reasons including absence for more than four consecutive meetings, bankruptcy, or conviction for dishonesty.

The chairperson and members of the management committee are to be paid remuneration determined by the Minister in consultation with the Minister responsible for public service.

Defines the composition of a public agricultural research institute's funds and requires the Minister, after consulting the Minister responsible for finance, to determine how much revenue remains the institute's property.

The Fourth Schedule applies to meetings of the management committee and other matters provided for in that Schedule.

Farmers' fora and other recognised farmer groups must carry out specified functions related to agricultural research, including identifying research needs, monitoring research effectiveness, advising on local knowledge, collaborating with research service providers, assisting communities to benefit, performing other delegated research functions, and informing the organisation of local views on agricultural research.

Rights to patents and related inventions arising from publicly funded agricultural research vest in the organisation; the organisation may make such discoveries available, award bonuses, apply for patents, and is regarded as assignee for certain purposes; the Minister must make regulations to protect such intellectual property.

Section 7 of the Patents Act is amended by repealing paragraph (b) of subsection (2) for results of discoveries, inventions or improvements made under section 39.

Establishes the Agricultural Research Trust Fund, lists the kinds of monies that will constitute the Fund, and states that the Fund shall be managed by the council.

The Minister must, on the recommendation of the council and by regulations, provide for several uses of the Agricultural Research Trust Fund including funding research activities, creating an endowment, funding competitive research contracts, managing the Fund, eligibility criteria, and farmer representation.

The organisation's funds come from specified sources (Parliamentary appropriations, contracts, donations, interest, prescribed fees, a ten percent cess on agricultural produce export, borrowed money, and grants) and the organisation must use those funds to defray expenses for performing its functions and exercising its powers; it may charge fees for services or use of facilities.

The director general must prepare and submit annual estimates of income and expenditure to the council at least two months before each financial year; the director general may submit supplementary estimates before year-end; the council and Minister must forward approved estimates up the chain; organisations and public agricultural research institutes must not exceed their budget without the Minister's approval.

The council or the management committee may approve other manners of investing the organisation's or a public agricultural research institute's funds, but only after consultation with the Minister.

The financial year for the organisation and a public agricultural research institute runs from 1 July to 30 June.

The organisation must keep proper accounts and records; public agricultural institutes must keep separate accounts in an approved form; the organisation must prepare and submit annual accounts to the Auditor-General within three months after each financial year; the Auditor-General (or an appointed auditor) is entitled to inspect records and is required to audit and report on the accounts within three months of receipt.

The organisation and a public agricultural research institute must operate according to sound financial and commercial practice and must ensure expenditure does not exceed revenue when performing functions under this Act.

The organisation and a public agricultural research institute must open and maintain necessary bank accounts, bank received monies promptly, and ensure no withdrawals occur without approval.

The organisation and a public agricultural research institute may borrow money from any source with the Minister's approval given in consultation with the Minister responsible for finance to meet obligations or discharge functions under the Act.

The organisation must, one month after each financial year ends, submit to the Minister a statement of its activities in the preceding year and must also submit any other reports the Minister requires.

The director general must serve as the accounting officer responsible for accounting for all money received and the use and care of council properties; the head of each public agricultural research institute must serve as the sub-accountant responsible for the institute's money and properties; and such a sub-accountant must be directly answerable to the accounting officer.

The council determines the form of the organisation's official seal; the seal must be authenticated by the director general and another council member (or the acting director general if absent); certain instruments may be signed without the seal by authorised persons; documents executed under this section are presumed valid until disproved.

The Minister may issue written general directions about policy, and the organisation and the public agricultural research institute must comply with those directions.

Notices or documents may be served on the organisation or on a public agricultural research institute by delivering them at the office of the director general or head of institute, or by sending them by registered post to those officers.

Certain members, employees and persons acting under direction are not personally liable to civil proceedings for acts done in good faith while performing their functions.

The Minister may, by statutory instrument and after consulting the council, make regulations to implement this Act, including rules on grants, registration and conduct of agricultural research service providers, standards and codes of conduct, management of public agricultural research institutes, election procedures for local government and management committees, registration and management of service providers, and penalties of a fine not exceeding twenty five currency points for contravening regulations.

The council and the management committee of a public agricultural research institute may each delegate any of their functions under this Act to specified persons or bodies, subject to any conditions or restrictions in the delegation.

All property and assets that vested in the National Agricultural Research Organisation immediately before commencement for use as its headquarter shall vest in the organisation; other property and assets vested in the dissolved organisation before commencement shall vest in the respective public agricultural research institutes; the organisation shall assume all liabilities and trusts affecting those properties and assets.

The organisation must employ certain former secretariat employees who opted to serve; persons not accepted are entitled to terminal benefits; the Minister decides correspondence disputes between institutes.

The Minister may amend the Schedules to this Act by statutory instrument with the approval of Cabinet.

The National Agricultural Research Organisation Act is repealed and the organisation established under it is dissolved; licences, authorisations and compatible statutory instruments under the repealed Act may continue in effect under this Act until revoked or amended.