Uganda
National Agricultural Research Act, 2005
Act 19 of 2005
- Published in Uganda Gazette 74 on 21 November 2005
- Assented to on 4 September 2005
- Commenced on 21 November 2005
- [This is the version of this document from 21 November 2005.]
Part I – Preliminary
1. Citation
This Act may be cited as the National Agricultural Research Act, 2005.2. Interpretation
In this Act, unless the context otherwise requires—“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, fibre, 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;“agricultural research” means the furtherance, accumulation and improvement of knowledge in the agricultural 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;“agricultural 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 agricultural research institute, universities, tertiary institutions, farmers groups, civil society organisations, private sector organisations and any other entity as may be determined by the council;“applied research” means research on a subject with a broad range of problems facing a society as a whole or research that 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 theories, techniques or measurements with known or unknown relevance;“chairperson” means the chairperson of the council appointed und section 9;“currency point” has the value given to it in the First Schedule to this Act;“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 15;“farmer” means a person who gathers or raises plants, livestock, poultry and fish as food, drink, wood, fibre and other products for human use;“farmers’ fora” means institutions comprising of democratically elected representatives from farmers’ groups at the sub-county, district or national level;“farmers’ organisations” means organisations recognised by the council and are formed by those engaged in either production or processing or marketing of a specific agricultural commodity;“farmer groups” means groups constituted by farmers who have common agricultural interests and is recognised by the council;“Fund” means the Fund established under section 41;“industry” means any enterprise involved in the processing of agricultural products in such fields as shall be approved in accordance with this Act;“innovative agricultural research” means agricultural research that may not be considered immediately relevant but which may open 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 non-living;“management committee” means the management committee of a public agricultural 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, 2001;“national agricultural research system” means a cross section of stakeholders whether in public or private sector; and comprises of the organisation, public agricultural research institutes, universities and other tertiary institutions, farmer groups, civil society organisation, private sector and any other entity engaged in the provision of agricultural research services;“national strategic research” means research responding to national research questions or priorities and identifying the processes, principles and technological elements required for successful adaptation of technologies and increasing the efficiency of applied and adaptive research;“organisation” means the National Agricultural Research Organisation established under section 5;“private agricultural research” means research that focuses largely on technological innovations that enable inventors, agricultural research service providers, private firms and others to capture all or some of the economic benefits generated by their innovation;“public agricultural research” means research that focuses on public interests and research outputs of public goods nature;“public agricultural research institute” means a public agricultural research institute established under section 28;“research of national strategic interest” means agricultural research that Uganda cannot rely on third parties to conduct;“technology transfer” means the transfer of knowledge, techniques and processes for their application; and“zonal agricultural research and development institute” means a zonal agricultural research and development institute established under section 28.3. Purpose of this Act
The purpose of this Act is to—4. Objects of agricultural research
The objects of agricultural research in Uganda are to—Part II – Institutional arrangements
5. Establishment of the national agricultural research organisation
6. Object of the organisation
The organisation shall be the principal institution for the coordination and oversight of all aspects of agricultural research in Uganda.7. Functions of the organisation
8. Other functions of the organisation
The organisation shall, in addition to its functions, in section 7, and subject to its objects—9. The members of the council
10. Disqualification from appointment as member of the council
A person shall not be appointed member of the council who—11. Tenure of office of council members
12. Remuneration of council members
The chairperson and members of the council shall be paid such remuneration as the Minister may in consultation with the Minister responsible for public service determine in relation to that matter.13. Meetings of the members of the council
The Second Schedule to this Act shall apply to meetings of the 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—15. Secretariat and staff of organisation
16. Functions of director general
17. Vacation of office by the director general
The director general shall cease to hold office if—18. Other staff
19. Committees of the council
20. The finance, scientific and users committees
Part III – Provision of agricultural research service
21. Provision of agricultural research services
Under the national agricultural research system, agricultural research services shall be provided by agricultural service providers who shall comprise of public agricultural research institutes, universities, tertiary institutions, private sector organisations, civil society organisations, farmers groups and any other entity with appropriate capacity as may be determined by the council.22. Common functions of agricultural research service providers
23. Registering of agricultural research service providers
24. Guidelines for carrying out agricultural research
25. Contracting of agricultural research service providers
26. Functions of universities and tertiary institutions
Subject to the Universities and Tertiary Institutions Act, 2002 and in addition to the provisions of section 22(1), the function of universities and tertiary institutions in the provision of agricultural research shall be—27. Functions of the private sector and civil society organisations
Part IV – Establishment of public agricultural research institutes
28. Establishment of public agricultural research institutes
29. Operation of a public agricultural research institute
30. Establishment of other 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 purposes of carrying out agricultural research.31. Functions of a 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—32. Composition of management committee of a public agricultural research institute
33. Functions of the management committee
The management committee of a public agricultural research institute shall—34. Tenure of office of the management committee
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 determine in relation to that member.36. Funds of a public agricultural research institute
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.Part V – Farmers’ fora and other farmers’ groups 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—Part VI – Discoveries, inventions and improvements by agricultural research services providers
39. Rights of patents, inventions etc
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 – Finance
41. Agricultural Research Trust Fund
42. Utilisation of the Agricultural Research Trust Fund
43. Funds of the organisation
44. Estimates
45. Use of funds
46. Financial year
The financial year of the organisation and a public agricultural research institute shall be the twelve months beginning on the 1st July of each year and ending on the 30th June in the following calendar year.47. Books of account
48. Duty to operate on sound financial principles
The organisation and a public agricultural research institute 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
50. Borrowing powers
The organisation and a public agricultural research institute may, with the approval 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
52. Accounting officers
Part VIII – Miscellaneous
53. Official seal of the organisation
54. Powers of the minister
The Minister may give general directions in writing to the organisation and a public agricultural research institute with respect to the policy to be observed and implemented and the organisation and public agricultural research institute shall comply with those directions.55. Service of documents
56. Protection of members and employees
57. Regulations
58. Delegations
59. Transfer of assets and liabilities
60. Succession
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
History of this document
21 November 2005 this version
Commenced
04 September 2005
Assented to