AGRICULTURAL RESEARCH COUNCIL OF NIGERIA ACT, 1999

(1) There is hereby established a body to be known as the Agricultural Research Council of Nigeria (in this Act referred to as "the Council") which under that name shall be a body corporate with perpetual succession and a common seal, and may sue or be sued in its corporate name.

(1) There is hereby established for the Council a governing board which shall consist of the following members to be appointed by the President-
(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 Livestock 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.
[First Schedule.)

(1) A member of the Board, other than an ex-officio member, shall hold office for a term of four years in the first instance and may be re-appointed for a further term of four years and no more.
(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.

The members of the Board shall be paid such remunerations and allowances as the Federal Government may, from time to time, determine for the chairmen and members of statutory boards generally.

The functions of the Council shall be to-(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 utilisation;
(g) advise the Federal Government on the re-organisation 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.

(1) There shall be appointed by the President, on the recommendation of the Minister, an Executive Secretary.
(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.

(1) Service in the Council shall be approved service for purposes of the Pensions Act.
(2) Employees of the Council shall be entitled to pensions, gratuities and other retirement benefits as are enjoyed by persons holding equivalent grades in the civil service of the Federation.
(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 thereunder 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.
(Cap. P4.]

(1) There is hereby established a fund to be known as the National Agricultural Research and Extension Endowment Fund (in this Act referred to as the "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.

(1) The Board shall establish and maintain for the Council a fund from which shall be defrayed all expenditure incurred for the purposes 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.

(1) The Council may, with the consent of the Minister in accordance with the general authority given by the Federal Government, borrow by way of loan or overdraft from any source any money required by the Council to meet its obligations and its functions under this Act.
(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.

(1) The Council may accept gifts of land, money or other property on such terms and conditions, if any, as may be specified by the person or organisation making the gift.
(2) The Council shall not accept any gift if the conditions attached by the person or organisation offering the gift are inconsistent with the objectives and functions of the Council under this Act.

(1) The Board shall cause to be prepared, not later than 30 September in each year, an estimate of the expenditure and income of the Council during the next succeeding year and when prepared, they shall be submitted to the Minister for approval.
(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 fine not exceeding #10,000 or imprisonment for a term not exceeding three months or to both such fine and imprisonment.

The Council shall, not later than six months immediately following the end of a year, submit to the Minister a report on the activities and the administration of the Council and the research institutes under its administration during the immediately preceding year and shall include in the report the audited accounts of the Council and the auditor's report on the accounts.

(1)
The Minister may, with the approval of the President, by order published in the Gazette, establish research institutes, and the provisions of the Second Schedule to this Act shall apply in relation to any institute so established.
[Second Schedule.]
(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.

(1) For the purpose of providing residential accommodation for its staff and such offices and premises as may be considered necessary for the performance of its functions under this Act, the Council may-
(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.
[Cap. L5.)

Subject to this Act, the Minister may give to the Council directives of a general nature or relating generally to particular matters, but not to any particular individual or case with regard to performance by the Council of its functions under this Act and it shall be the duty of the Council to comply with the directives.

Any research institute established for the agricultural science sector under the National Agency for Science and Engineering Infrastructure Act shall be deemed to be established under this Act.
[Cap. N3.]

The Council may, with the approval of the Minister, make regulations for giving effect to the provisions of this Act.

In this Act, unless the context otherwise requires-
"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.

This Act may be cited as the Agricultural Research Council of Nigeria Act.