Chapter 18:04 - Caribbean Agricultural Research and Development Institute

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/523-chapter-1804-caribbean-agricultural-research-and-development-institute/file

L.R.O. 1/2012
LAWS OF GUYANA
CARIBBEAN AGRICULTURAL RESEARCH AND
DEVELOPMENT INSTITUTE ACT
CHAPTER 18:04
Act
6 of 1988

1 – 23 ... 1/2012 (inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.

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CHAPTER 18:04
CARIBBEAN AGRICULTURAL RESEARCH AND DEVELOPMENT
INSTITUTE ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation
3. Certain provisions of Agreement to have force of law.
4. Certificate of Minister conclusive as to contents.
5. Financial provisions.
6. Restriction on use of name.
7. Amendment of Schedule.
8. Regulations.
SCHEDULE
__________________________
6 of 1988 An Act to provide for the implementation by Guyana of the
Agreement establishing the Caribbean Agricultural
Research and Development Institute.
th
Short title.

Interpretation.
Schedule.
1. This Act may be cited as the Caribbean
Agricultural Research and Development Institute Act.
2. (1) In this Act—
“Agreement” means the Agreement establishing the
Caribbean Agricultural Research and Development
Institute set out in the Schedule;
“Institute” means the Caribbean Agricultural Research and
[14 JULY, 1988]
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Certain
provisions of
Agreement to
have force of
law.
Certificate
of Minister
conclusive
as to contents.

Financial
provisions.

Restriction on
use of name.
[6 of 1997]

Amendment
of
Schedule.
Development Institute established by the Agreement.
(2) The reference in paragraph 1 of Article 15 of the
Agreement to the effect that the Institute shall possess full
juridical personality shall be construed as meaning that the
Institute is a body corporate.
3. Article 15 of the Agreement shall have the force of
law in Guyana.
4. If in any proceedings a question arises as to the
entitlement of the Institute or any other person to any
immunities or privileges under the Agreement, a certificate
issued by or under the authority of the Minister to the effect
that the Institute or other person is or is not entitled shall be
conclusive evidence of the fact.
5. (1) All sums required to be paid by the
Government for the purpose of meeting the obligations of
Guyana under the Agreement are charged on the
Consolidated Fund.
(2) All sums received by the Government from the
Institute shall be paid into the Consolidated Fund.
6. A person who without the consent in writing of the
Minister, uses in connection with any trade or business the
name “Caribbean Agricultural Research and Development
Institute” or any name so nearly resembling it as to be likely
to deceive is guilty of an offence and is liable on summary
conviction to a fine of twelve thousand dollars and to
imprisonment for a term of twelve months.
7. (1) Where Guyana becomes a party to any
agreement to amend the Agreement the Minister may, by
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Regulations.
order, amend the Schedule by including therein the
amendment.
(2) An order made under subsection (1) may
contain such consequential, supplemental or ancillary
provisions (including provisions amending this Act) as
appear to the Minister to be necessary or expedient for the
purpose of giving due effect to the amendment of the
Agreement as mentioned aforesaid.
(3) Where the Agreement in the Schedule is
amended pursuant to this section any reference in this Act or
any other instrument to the Agreement shall, unless the
context otherwise requires, be construed as a reference to the
Agreement as so amended.
(4) Every order made under this section shall be
subject to negative resolution of the National Assembly.
8. The Minister may make regulations for giving
effect to the provisions of this Act.
-----------------------
SCHEDULE
AGREEMENT ESTABLISHING THE
CARIBBEAN AGRICULTURAL RESEARCH AND
DEVELOPMENT INSTITUTE
THE CONTRACTING PARTIES:
SHARING a common determination to promote social
stability and a better quality of life for the peoples of the
Region;
RECOGNISING the merits of a regional organization for
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agricultural research and development;
AWARE that the solution to the problems of agriculture on a
regional basis will complement the current efforts towards
regional economic integration and particularly the efforts
towards regional co- operation in agricultural development;
CONSCIOUS of the need for efficient and adequate national
extension services;
CONVINCED that the establishment of a regional institution
for agricultural research and development will facilitate the
achievement of these needs:
HEREBY AGREE AS FOLLOWS:
ARTICLE 1
ESTABLISHMENT
The Caribbean Agricultural Research and Development
Institute (hereinafter referred to as “the Institute”) is hereby
established having the membership, powers and functions
hereinafter specified.
ARTICLE 2
MEMBERSHIP
1. Membership of the Institute shall be open to—
(a) States listed in the Annex to this Agreement;
(b) Any other State of the Caribbean Region
which becomes a Member or Associate
Member of the Caribbean Community.

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2. The States listed in the Annex to this Agreement,
the Governments of which sign this Agreement in accordance
with Article 18 and ratify it in accordance with Article 19 shall
become Members of the Institute.
ARTICLE 3
OBJECTS OF THE INSTITUTE
1. The objects of the Institute shall be—
(a) to provide for the research and development
needs of the agriculture of the Region as
identified in national plans and policies;
b) to provide an appropriate research and
development service to the agricultural
sector of Member States;
(c) to provide and extend the application of
new technologies in production,
processing, storage and distribution of
agricultural products of Member States;
(d) to pursue for specified periods long-term
research in pertinent areas;
(e) to provide for the co-ordination and
integration of the research and development
efforts of Member States where this is
possible and desirable;
(f) to undertake teaching functions normally at
the post- graduate level, limited to the
development of the relevant research by any
Member State;
(g) to seek to achieve the optimum
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decentralization of facilities.
2. For the purposes of this Article the Institute may
take such action as may be necessary or expedient for the
attainment of its objects and the performance of its functions.
ARTICLE 4
STRUCTURE
The Institute shall have—
(a) a Governing Body;
(b) a Board of Directors with a Chairman and
Deputy Chairman;
(c) an Executive Director; and
(d) such other officers and staff as may be
necessary.
ARTICLE 5
GOVERNING BODY OF THE INSTITUTE
1. The Standing Committee of Ministers responsible
for Agriculture (hereinafter referred to as “the Standing
Committee”) shall be the Governing body of the Institute.
2. Without prejudice to the generalities of paragraph
1 of this Article the Standing Committee shall have the power
to—
(a) give general or specific policy directions to
the Board of Directors;
(b) appoint an Executive Director after it has
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considered the recommendation of the
Board of Directors and has consulted with
the University of the West Indies;
(c) appoint the Chairman of the Board of
Directors;
(d) authorise agreements to be entered into with
third countries or other entities;
(e) approve the budget of the Institute to be
prepared annually for the next following
three financial years;
(f) approve the work programmes annually for
the next following three financial years.
ARTICLE 6
MEMBERSHIP OF THE BOARD
1. The composition of the Board of Directors
(hereinafter referred to as “The Board”) shall be as follows—
(a) One Member nominated by—
(i) the Government of Barbados;
(ii) the Government of Belize;
(iii) the Government of Guyana;
(iv) the Government of Jamaica;
(v) the Government of Trinidad and
Tobago;
(vi) the Governments of Dominica,
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Grenada, Saint Lucia and Saint
Vincent and the Grenadines;
(vii) the Governments of Antigua, Saint
Christopher and Nevis and
Montserrat;
(viii) the University of Guyana;
(ix) the Caribbean Community Secretariat;
(x) the Caribbean Development Bank;
(xi) the Caribbean Food Corporation;
(b) The Chairman;
(c) The Executive Director ex officio;
(d) One Member appointed by the University of
the West Indies.
2. Subject to the provisions of paragraph 2 of Article
8, the Chairman and the Executive Director together with the
representatives of the Caribbean Community Secretariat, the
Caribbean Development Bank and the Caribbean Food
Corporation shall sit as non-voting Members of the Board.
3. (a) Alternate Directors shall be appointed by the
appropriate authorities in accordance with paragraph 1
above.
(b) Directors and Alternate Directors shall be
persons of integrity and high competence with extensive
experience in Agriculture or Agricultural Research and
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Development or administration or both and shall be selected
with due regard to the principle of equitable geographical
distribution.
4. Directors shall hold office for a term of three years
and shall be eligible for re-appointment. They shall continue
in office until their successors shall have been appointed and
assumed office.
If the office of a Director becomes vacant before the expiration
of his term of office, the vacancy shall be filled by a new
Director who shall be appointed in the same manner as his
predecessor and he shall hold office for the remainder of the
term of office of his predecessor.
ARTICLE 7
FUNCTIONS AND POWERS OF THE BOARD OF
DIRECTORS
1. The Board of the Institute shall be responsible,
subject to any directions of the Standing Committee, for the
general operation of the Institute. It shall implement the
general policies of the Institute and may give the Executive
Director general instructions for the implementation of such
policies.
2. Without prejudice to the functions specified in
paragraph 1 of this Article, the Board shall—
(a) make recommendations to the Standing
Committee in respect of the appointment of
the Executive Director;
(b) receive and may approve the annual report
of the Executive Director which shall
include the financial report;
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(c) make recommendations for the approval
annually by the Standing Committee of the
work programmes for the next following
three financial years;
(d) make recommendations for the approval
by the Standing Committee of Estimates of
Expenditure and the audited accounts of the
Institute;
(e) assist the Executive Director in seeking the
support and the resources necessary for the
fulfilment of the objectives of the Institute;
(f) except as is otherwise provided exercise
control over appointments including joint
appointments and termination of
appointments;
(g) cause to be kept appropriate books of
account which shall be audited at least once
a year by an auditor who shall be a qualified
and independent accountant appointed by
the Board and shall also cause to be
prepared annual audited statements
showing in detail the income and
expenditure of the Institute and the assets
and liabilities as they stood at the end of the
immediate preceding financial year;
(h) carry out such other functions as the
Standing Committee may delegate to it from
time to time.
3. The Board may delegate to the Executive Director such
of its functions as it thinks fit, provided that no such
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delegation shall preclude the Board from so acting at anytime
it thinks fit, without prejudice however to anything done by
the Executive Director under that delegation.
ARTICLE 8
MEETINGS OF THE BOARD
1. The Board shall meet at least twice a year or as
often as the business of the Institute may require. A majority
of Directors entitled to vote shall constitute a quorum for any
Meeting of the Board.
2. Each Director entitled to vote shall have one vote
and the Chairman shall have a casting vote only.
3. Subject to this Agreement, the Board shall regulate
its own procedure.
ARTICLE 9
CHAIRMAN OF THE BOARD
1. The Chairman of the Board shall be appointed by
the Standing Committee after considering the
recommendation of the Board.
2. The Chairman of the Board while holding office
shall not be a Director or Alternate Director of a Member State
or any Body which is represented on the Board.
3. The term of office of the Chairman shall be for three
years and he shall be eligible for re-appointment.
4. The Deputy Chairman shall be elected by the Board
from among its Members.

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ARTICLE 10
THE EXECUTIVE DIRECTOR
1. The duties of the Executive Director shall include—
(a) the day to day management and control of
the Institute;

(b) the control of the expenditure of the funds of
the Institute within the approved estimates;
(c) the performance of such functions of the
Board as may be delegated to him;
(d) the organization of special programmes and
projects in furtherance of the objects of the
Institute;
(e) ensuring that the correct procedures are
followed with respect to all matters within
the joint competence of the Institute and the
University of the West Indies;
(f) representation, either personally, or by a
nominee appointed by him, upon such
Authorities, Boards or Committees of the
University of the West Indies as may be
agreed on with the University;
(g) the submission of an annual report to the
Board;
(h) preparation annually for approval by the
Board of work programmes for the next
following three financial years;

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(i) preparation annually for the approval by the
Board, of estimate of expenditure for the
next following financial year.
2. The Executive Director may become a Member of
the Board of the Faculty of Agriculture, of the Academic
Board, St. Augustine and of the Senate of the University.
3. In the absence or the incapacity of the Executive
Director or while that office is vacant, the Board shall make
suitable arrangements for the carrying out of the duties of the
Executive Director and shall submit such arrangements for
the approval of the Standing Committee.
ARTICLE 11
STAFF OF THE INSTITUTE
1. The Institute shall appoint such members of its
staff in accordance with the estimates by the Standing
Committee as are necessary for the performance of its
functions.
2. All staff appointments shall be made subject to the
terms and conditions of service determined by the Board.
ARTICLE 12
REVENUE
The revenue of the Institute shall be derived from—
(a) the annual contributions of Member States;
(b) such contributions as may be made by other
States whether within or outside the Region;
(c) such grants as may be made from any source for
the financing of special research, development
or teaching projects or for fellowships;
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(d) such fees as may be determined from time to time
by the Board as fees payable to the Institute;
(e) payments made to the Institute in consideration
of consultancy services provided through the
Institute;
(f) income from any other sources.
ARTICLE 13
LOCATION OF THE INSTITUTE
1. The Headquarters of the Institute shall be located in
Trinidad & Tobago.
2. The Executive Director shall negotiate suitable
arrangements with the University of the West Indies for the
establishment of the Headquarters of the Institute at the St.
Augustine Campus of the University of the West Indies.
3. The conclusion of such arrangements shall be
subject to the approval of the Standing Committee.
4. The Institute may establish in any Member State
such other research stations as may be deemed necessary by
the Board.
ARTICLE 14
RELATIONS WITH THE UNIVERSITY
The Institute shall seek such affiliation with the University as
will promote the achievement of its objectives.

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ARTICLE 15
LEGAL STATUS
1. The Institute shall possess full juridical personality.
2. The Institute shall enjoy in each Member State such
legal status and legal capacity as may be necessary for the
fulfilment of its objectives and the exercise of its functions. In
particular the Institute shall have the capacity to—
(a) contract;
(b) acquire and dispose of movable and
immovable property;
(c) institute legal proceedings.
3. The Institute shall enjoy in each Member State such
privileges and immunities as may be necessary for the
fulfilment of its objectives and the exercise of its functions.
4. The Institute may co-operate with international
organizations active in similar fields and may seek all
appropriate contacts with a view to co-operating with other
Institutions in similar fields.
5. Upon the entry into force of this Agreement—
(a) all property of every kind whatsoever which
was vested immediately before the entry
into force of this Agreement, in the
University of the West Indies or any other
Institution on behalf of the Regional
Research Centre shall be transferred to and
be vested in the Institute for the purposes of
this Agreement;

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(b) all rights, privileges, advantages, liabilities
and obligations that immediately before the
entry into force of this Agreement were
enjoyed by or imposed upon the University
of the West Indies on behalf of the Regional
Research Centre are hereby conferred upon
or imposed upon the Institute for the
purposes of this Agreement.
ARTICLE 16
DISPUTES
1. If a dispute should arise between the Institute and a
Member State or any of the Authorities represented on the
Board, such dispute shall be submitted to arbitration by a
Tribunal of three Arbitrators. Each party shall appoint one
arbitrator and the two arbitrators shall appoint a third who
shall be Chairman. If within 30 days of the request for
arbitration either party has not appointed an arbitrator, or if
within 15 days of the appointment of the second arbitrator,
the third arbitrator has not been appointed either party may
request the Secretary-General of the Caribbean Community to
appoint an arbitrator.
2. The procedure of the arbitration shall be fixed by
the arbitrators. However, the third arbitrator shall be
empowered to supply all rules of procedures in any case of
disagreement with respect thereto.
3. The majority vote of the arbitrators shall be
sufficient to reach a decision which shall be final and binding
upon the parties.

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ARTICLE 17
IMPLEMENTATION
Member States shall take all steps necessary for the
implementation of this Agreement.
ARTICLE 18
SIGNATURE
This Agreement shall be deposited with the Secretariat of the
Caribbean Community (hereinafter referred to as “the
Depositary”) and shall be open for signature until the entry
into force of this Agreement, by any of the States listed in the
Annex to this Agreement (hereinafter referred to as “the
Annex”).
ARTICLE 19
RATIFICATION
This Agreement and any amendments thereto shall be subject
to ratification by the signatories in accordance with their
respective constitutional procedures. Instruments of
Ratification shall be deposited with the Depositary which
shall transmit certified copies to each Member State.
ARTICLE 20
ENTRY INTO FORCE
This Agreement shall enter into force by the deposit of the
Instruments of Ratification in accordance with Article 19 by
six of the States listed in the Annex including Barbados,
Guyana, Jamaica and Trinidad and Tobago.

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ARTICLE 21
ACCESSION
1. Any State listed in the Annex which, upon the entry
into force of this Agreement has not signed this Agreement in
accordance with Article 18 and which wishes to become a
Member after that date may accede to the Agreement by
deposit of appropriate Instruments of Accession with the
Depositary.
2. Any State other than States listed in the Annex
which becomes a Member or Associate Member of the
Caribbean Community may accede to the Agreement.
3. Admission to Membership under paragraph 2 of
this Article shall be upon such terms and conditions as the
Standing Committee may decide and shall take effect from
the date on which the appropriate Instrument of Accession is
deposited with the Depositary.
ARTICLE 22
AMENDMENT
1. Any Member State may make proposals for
amending this Agreement. Such proposals shall be submitted
to the Standing Committee for its approval through the
Depositary.
2. Any proposed amendment that is approved by the
Standing Committee shall be submitted to each Member State
for ratification.
3. Any such amendment shall enter into force upon
the deposit of the Instruments of Ratification by all Member
States.

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ARTICLE 23
WITHDRAWAL
1. Any Member State may withdraw from this
Agreement by giving not less than 12 months notice in
writing to the Depositary which shall forthwith notify other
Member States.
2. A Member State withdrawing undertakes to
honour any financial obligations duly assumed during its
participation in this Agreement.
ARTICLE 24
INAUGURAL MEETING
As soon as this Agreement enters into force, each Member
State together with the authorities represented on the Board
shall appoint the Directors of the Board in accordance with
Article 6 and the Secretary- General of the Caribbean
Community shall call the Inaugural Meeting of the Board of
Directors.
ANNEX
LIST OF STATES
Antigua
Barbados
Belize
Dominica
Grenada
Guyana
Jamaica
Montserrat
St. Christopher-Nevis-Anguilla
St. Lucia St.
Vincent
Trinidad & Tobago
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IN WITNESS WHEREOF the undersigned, being duly
authorised thereto by their respective Governments, have
affixed their signatures to this Agreement.
DONE at Georgetown, this 5th day of December, one
thousand nine hundred and seventy-four, in a single copy
which shall be deposited with the Commonwealth Caribbean
Regional Secretariat which shall transmit certified copies to all
the Contracting States.
Signed by V. C. Bird
For the Government of Antigua, on 15th May, 1976 at St.
John’s, Antigua.
Signed by Brandford M. Taitt.
For the Government of Barbados, on 6th December, 1974, at
Georgetown, Guyana.
Signed by G. Perdoma For the Government of Belize, on
6th December, 1974 at Georgetown, Guyana.
Signed by ........................................................
For the Government of Dominica, on.................. at......................
Signed by Derek Knight For the Government of Grenada, on
6th December, 1974 at Georgetown, Guyana.
Signed by Geo. A. King For the Government of Guyana, on
6th December, 1974 at
Georgetown, Guyana.
Signed by P. J. Patterson For the Government of Jamaica, on
6th December, 1974 at Georgetown, Guyana.

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Signed by P. A. Bramble For the Government of Montserrat,
on 18th May, 1976 at Plymouth, Montserrat.
Signed by R. L. Bradshaw For the Government of St.
Christopher-Nevis-Anguilla, on 23rd April, 1976 at Basseterre,
St. Kitts.
Signed by G. Mallet For the Government of St. Lucia, on 6th
December, 1974 at Georgetown, Guyana.
Signed by H. K. Tannis For the Government of St. Vincent, on
25th August, 1976 at Kingstown, St. Vincent.
Signed by Isabel Teshea For the Government of Trinidad and
Tobago, on 5th December, 1974 at Georgetown, Guyana.
________________________
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