Caribbean Agricultural Research and Development Institute

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Caribbean Agricultural Research and Development Institute
CARIBBEAN AGRICULTURAL RESEARCH AND
DEVELOPMENT INSTITUTE ACT

CHAPTER 63:04

LAWS OF TRINIDAD AND TOBAGO

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–17 ..

L.R.O.

Act
36 of 1981

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Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.

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CHAPTER 63:04

CARIBBEAN AGRICULTURAL RESEARCH AND
DEVELOPMENT INSTITUTE ACT

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Interpretation.
3. Agreement to have force of law.
4. Principal Office of Institute.
5. Service of documents on Institute.
6. Implementation of amendments to the Agreement.
7. Financial provisions for giving effect to the Agreement.
8. Certificate of Minister conclusive as to contents.

SCHEDULE.

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CHAPTER 63:04

CARIBBEAN AGRICULTURAL RESEARCH AND
DEVELOPMENT INSTITUTE ACT

An Act to provide for the incorporation of the Caribbean
Agricultural Research and Development Institute and for
purposes connected therewith.

[18TH SEPTEMBER 1981]

1. This Act may be cited as the Caribbean Agricultural
Research and Development Institute Act.

2. (1) In this Act—
“the Agreement” means the Agreement (including protocols

thereto) establishing the Caribbean Agricultural Research and
Development Institute, the text of which is set out in the
Schedule and to which the Government is a party;

“the Institute” means the Caribbean Agricultural Research and
Development Institute established by the Agreement;

“Minister” means the Minister to whom responsibility for
Agriculture is assigned.

(2) The provision in Article 15 of the Agreement that the
Institute shall possess full juridical personality shall be construed
as meaning that the Institute is a body corporate.

3. Subject to this Act, the provisions of Articles 15 and 16 of
the Agreement shall have the force of law in Trinidad and Tobago.

4. The Institute shall have its principal office in Trinidad and
Tobago and the address of that office shall be registered with the
Registrar General.

5. Documents to be served on the Institute may be served by
leaving the same at or by sending the same by registered post to
the address registered under section 4.

36 of 1981.

Commencement.

Short title.

Interpretation.

Agreement to
have force of
law.

Principal Office
of Institute.

Service of
documents on
Institute.

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6. (1) Where any amendment of the Agreement is
accepted by the Government, the Minister may by Order, subject
to negative resolution of Parliament, amend the Schedule for
the purpose of giving effect to such amendment.

(2) An Order made under this section may contain
such consequential, supplemental or ancillary provisions as
appear to the Minister to be necessary or expedient for the
purpose of giving effect to an amendment and may contain
provisions amending references in this Act to specified
provisions of the Agreement.

7. There shall be paid out of the Consolidated Fund on the
warrant of the Minister of Finance, all payments required to be
made to the Institute in respect of Trinidad and Tobago under
the provisions of the Agreement.

8. Where in any proceedings a question arises as to the
entitlement of the Institute or any other person to any immunities
or privileges under this Act, a certificate issued by or under the
authority of the Minister of External Affairs to the effect that
the Institute or other person is or is not so entitled shall be
conclusive evidence of the fact.

Implementation
of amendments
to the
Agreement.

Financial
provisions for
giving effect to
the Agreement.

Certificate of
Minister
conclusive as to
contents.

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SCHEDULE
AGREEMENT

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 organisation for 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.

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.

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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 decentralisation 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.

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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 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 Guyana;

(iii) the Government of Jamaica;
(iv) the Government of Trinidad and Tobago;
(v) the Governments of Dominica, Grenada, St. Lucia and

St. Vincent;
(vi) the Governments of Antigua, St. Christopher-Nevis-

Anguilla, Belize and Montserrat;
(vii) the University of Guyana;

(viii) the Caribbean Community Secretariat;
(ix) the Caribbean Development Bank;

(b) the Chairman;
(c) the Executive Director ex officio;
(d) three members 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 and the Caribbean Development Bank shall sit as non-
voting Members of the Board.

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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 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
reappointment. 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 the
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;

(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;

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(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 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 Meetings 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 reappointment.

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 organisation 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;
(i) preparation annually for the approval by the Board of Directors

of estimates 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.

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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;

(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

and 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.

ARTICLE 15

LEGAL STATUS
1. The Institute shall possess full juridical personality.

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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 organisations 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;

(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. 1f 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.

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2. The procedure of the arbitration shall be fixed by the arbitrators.
However, the third arbitrator shall be empowered to supply all rules of procedure
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.

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.

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.

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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.

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.

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ANNEX

LIST OF STATES

Antigua

Barbados

Belize

Dominica

Grenada

Guyana

Jamaica

Montserrat

St. Christopher-Nevis-Anguilla

St. Lucia

St. Vincent

Trinidad and Tobago

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, 1974, 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 BRANFORD M. TAITT
For the Government of Barbados, on 6th December, 1974.

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

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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.

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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