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13 1977

NATIONAL AGRICULTURAL ADVISORY, EDUCATION AND RESEARCH AUTHORITY ACT, 1977

PART III

Government and Administration of the Authority

Board of the Authority

Establishment of the Board.

25. —(1) There shall be a Board to be known as the Board of the National Agricultural Authority to carry out the general government of the Authority and the general administration of the affairs of the Authority.

(2) The provisions of the Second Schedule shall apply to the Board.

Composition of the Board.

26. —(1) The Board shall consist of a chairman and not more than twenty-three ordinary members.

(2) Subject to subsection (3), the members of the Board, including the chairman, shall be appointed by the Minister.

(3) (a) One member of the Board shall be appointed on the nomination of the Minister for Education, at least one member on the nomination of the Minister and at least one member on the nomination of the General Council referred to in section 43. The remaining members, who shall be representative of agricultural and rural organisations, the staff of the Authority, the Universities, institutions providing courses of study in agriculture mentioned in section 12 (1) (d) and such other agricultural interests as may be prescribed, shall be selected for nomination in accordance with the provisions of an order made for that purpose by the Minister and any such order shall indicate the procedure for filling casual vacancies in the membership of the Board.

(b) The Minister may, in the order referred to in paragraph (a), in relation to the Board to be established on the commencement of section 25, provide, as regards the member or members who are to be representative of the staff of the Authority, for the selection for nomination, on or before a specified date, of a representative or representatives of the said staff and, notwithstanding the fact that, in the period between the establishment of that Board and the date of the appointment to that Board of the said representative or representatives, there are not any members who are representative of the said staff, nothing done by or on behalf of the Board or the Authority shall be invalid solely by reason of that fact.

(c) For the purposes of paragraph 1 of the Second Schedule, any member appointed to the Board by virtue of paragraph (b) of this subsection shall be deemed to have been appointed on the date of the establishment of the Board.

Chairman.

27. —The chairman shall hold office on such terms and conditions (including remuneration) as may be determined by the Minister from time to time. The rate of remuneration of the chairman shall be subject to the consent of the Minister for the Public Service.

Expenses of members.

28. —There may be paid out of the income of the Authority to members of the Board such expenses of travel and subsistence as the Minister, with the consent of the Minister for the Public Service, may consider reasonable.

Committees.

29. —(1) The Board may appoint committees to assist and advise it in relation to any of its functions.

(2) A committee may include persons who are not members of the Board.

(3) The Board may appoint a person to be chairman of a committee appointed under this section.

(4) There may be paid, out of the income of the Authority, to members of a committee duly appointed under subsection (1) such expenses of travel and subsistence as the Minister, with the consent of the Minister for the Public Service, may consider reasonable.

Powers and duties.

30. —(1) The Board shall—

(a) exercise general supervision over the work of the Authority and be responsible for the attainment of the objectives of the Authority and the completion and implementation of such educational, advisory and research programmes as may, in accordance with section 32, be adopted with the approval of the Minister,

(b) ensure that the functions of the Authority are effectively carried out and performed with due efficiency,

(c) ensure, with the co-operation of the committees of agriculture, that the services provided by the Authority have the greatest possible effect on agricultural productivity at local level and, for that purpose, shall—

(i) subject to section 33, provide, as may be required or necessary, for the location at appropriate centres of specialists in the different branches of agriculture and agricultural education for the purpose of affording specialised assistance and guidance to its local agricultural advisers and those engaged in agriculture, and

(ii) make available in each county such office and other accommodation as may be required or necessary for the more effective performance of their duties by its local agricultural advisory staff,

(d) provide in each county a co-ordinated system of information for those engaged in agriculture on all services available for the development of agriculture, whether provided by the Minister, the Authority or otherwise, and assist and encourage those engaged in agriculture to avail themselves of those services,

(e) furnish to the Minister such information regarding the activities of the Authority and the progress thereof as he may from time to time require, and

(f) afford free access, at all reasonable times, to its lands and premises to any duly authorised officer of the Minister, give him such information as he may reasonably require for the satisfactory discharge of his duties in relation to the finances of the Authority and allow him to examine such documents and records as he may reasonably consider necessary for that purpose.

(2) The Board may consult with the Minister on all matters relating to education, advisory and research policy and may make proposals to the Minister on such matters.

Director and Staff of the Authority

Director.

31. —(1) There shall be a Director of the Authority.

(2) The Director shall be the chief officer of the Authority and shall, subject to the direction of the Board and this Act, control and direct the activities and staff of the Authority.

(3) The first Director shall be appointed by the Minister and, subject to subsection (10), shall hold office for such period and on such terms and conditions (including terms as to remuneration) as may be determined by the Minister with the consent of the Minister for the Public Service.

(4) The Minister may, with the consent of the Minister for the Public Service, by order provide for the payment, in such manner and subject to such conditions and limitations as may be specified in the order, of superannuation allowances by way of pension, lump sum or gratuity to, or in respect of, the first Director.

(5) No pension, gratuity, allowance or other payment shall be granted by the Board, nor shall the Board enter into any other arrangement for the provision of such pension, gratuity, allowance or other payment, on the resignation, retirement or death of the first Director otherwise than in accordance with an order under subsection (4).

(6) Every Director, other than the first Director, shall, subject to the approval of the Minister, be appointed by the Board.

(7) The Director shall devote the whole of his time to his duties as Director and shall not hold any other office or position without the consent of the Board.

(8) The Director may make proposals to the Board on any matter relating to the activities of the Authority.

(9) The Director shall not be a member of the Board or of any committee appointed by the Board under section 29.

(10) The Board may, with the consent of the Government, at any time remove the Director from office.

Annual programme of activities.

32. —(1) The Board shall prepare, in respect of each financial year, a programme, in such form as the Minister may require, of the projected activities of the Authority in that year.

(2) The programme shall have regard to—

(a) the annual agricultural advisory and educational programmes prepared by each of the committees of agriculture referred to in section 36, and

(b) such annual educational programmes as may be submitted by institutions receiving grants from the Authority which provide courses of study in agriculture as referred to in section 12 (1) (d).

(3) The programme as adopted by the Board shall be submitted to the Minister for his approval. The Minister may, in conveying approval, indicate such further amendments of the programme as he considers necessary. The Board may, however, with the approval of the Minister, make such alterations in the programme as it subsequently considers necessary.

(4) The Minister may fix a date on or before which the programme in respect of the succeeding year must be submitted to him.

Staff.

33. —(1) Subject to subsection (4), the Authority may employ such staff as is necessary for the performance of its functions.

(2) Except as provided in section 31 (6) and subject to subsection (3), the members of the staff of the Authority shall be appointed by or under the authority of the Board.

(3) (a) Before making an appointment to a position on the staff of the Authority, being a position one of the minimum qualifications for which is a degree of a recognised university or such other qualification as, in the opinion of the Minister, is an equivalent qualification, the Board shall appoint a panel composed of a person nominated by the Civil Service Commissioners under paragraph (b) and of persons who, in the opinion of the Board, are suitable and competent for the purpose to examine the applications and to recommend a person for appointment, and the Board shall consider the recommendation of the panel.

(b) The Civil Service Commissioners, whenever so requested by the Board, shall nominate a person for the purposes of paragraph (a).

(4) Subject to sections 34 and 65, the Board shall from time to time determine the qualifications, number, grades, tenure of office and conditions of service of the members of the staff of the Authority except the first Director.

(5) Subject to sections 34 and 65, the staff (except the first Director) of the Authority shall be paid such remuneration and allowances as shall be determined by the Board with the concurrence of the Minister and the Minister for the Public Service.

Staff schemes.

34. —(1) As soon as conveniently may be after the commencement of this section, the Board shall, subject to section 65 and following consultation with the recognised staff associations and trade unions concerned, prepare and submit a staff scheme or schemes for the regulation, control and management of the staff of the Authority and shall indicate in respect of the different grades of staff (either generally or severally, as may be appropriate) the appropriate remuneration, tenure of office, qualifications and conditions of service.

(2) A scheme submitted to the Minister under this section shall, if approved by the Minister with the concurrence of the Minister for the Public Service, be carried out by the Authority in accordance with its terms.

(3) The Board may at any time, with the approval of the Minister and the concurrence of the Minister for the Public Service, amend a scheme under this section.

Superannuation.

35. —(1) As soon as conveniently may be after the commencement of this section, the Board shall, subject to section 66, prepare and submit to the Minister a scheme or schemes for the granting of superannuation allowances by way of pension, lump sum or gratuity to, or in respect of, appropriate members of the staff of the Authority.

(2) A scheme submitted to the Minister under this section shall, if approved by the Minister with the concurrence of the Minister for the Public Service, be carried out by the Authority in accordance with its terms.

(3) The Board may at any time, with the approval of the Minister and the concurrence of the Minister for the Public Service, amend a scheme under this section.

(4) A scheme submitted and approved under this section shall fix the time and conditions of retirement for all persons to whom allowances are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

(5) If any dispute arises as to the claim of any person to, or the amount of, any allowance payable in pursuance of a scheme under this section, it shall be submitted to the Minister for determination by him, subject to the agreement of the Minister for the Public Service.

(6) No pension, gratuity, allowance or other payment shall be granted by the Board nor shall any other arrangements be entered into by the Board for the provision of such pension, gratuity, allowance or other payment on the resignation, retirement or death of a member of the staff of the Authority (except the first Director) other than in accordance with a scheme made under this section.

(7) Every scheme submitted and approved under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if either House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.