The Agricultural Inputs Trust Fund Act

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CHAPTER 401
THE AGRICULTURAL INPUTS TRUST FUND ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title.
2. Interpretation.
3. Establishment of Fund.
4. Objects of Fund.
5. Financial sources of Fund.
6. Establishment of Board of Trustees.
7. Composition of Board.
8. Functions of Board.
9. Management team and Executive Director.
10. Application for loan.
11. Financial year of Fund.
12. Accounts and audit.
13. Fund exempted from taxes.
14. Appeals.
15. Regulations.
SCHEDULE

or.
10. Application for loan.
11. Financial year of Fund.
12. Accounts and audit.
13. Fund exempted from taxes.
14. Appeals.
15. Regulations.
SCHEDULE

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1. This Act may be cited as the Agricultural Inputs Trust Fund
Act. 2. In this Act, unless the context otherwise requires-
“agricultural inputs” includes agricultural fertilizers,
agricultural machinery, certified seeds, agrochemicals,
drugs and chemicals for livestock, and gears necessary for
the application of such drugs, chemicals and agro-chemicals
and farm implements suitable for small holder farmers;
“agricultural machinery” includes self-propelled machines
and trailed or pulled implements;
“bank” means the bank designated by the Board to operate
an account for the Fund;
“Board” means the Board of Trustees of the Fund established
by section 6;
“Fund” means the Agricultural Inputs Trust Fund established
under section 3;
“Minister” means the Minister responsible for agriculture. 3. There is hereby established a revolving fund to be known as
the Agricultural Inputs Trust Fund which shall be under the
management and control of the Board. 4.

hereby established a revolving fund to be known as
the Agricultural Inputs Trust Fund which shall be under the
management and control of the Board. 4.

The objects for which the Fund is established shall be to-
(a) make available loans, on such terms and conditions as
the Board may determine finances for importation and
distribution of agricultural inputs;
Short title
Interpretation
Act No. 3 of 2020 s. 6
Establishment of
Fund
Objects of Fund
CHAPTER 401
THE AGRICULTURAL INPUTS TRUST FUND ACT
An Act to provide for the establishment of the Agricultural Inputs Trust
Fund, the management of such Fund and for related matters. [………………………]
Act Nos. 9 of 1994
3 of 2020

the establishment of the Agricultural Inputs Trust
Fund, the management of such Fund and for related matters. [………………………]
Act Nos. 9 of 1994
3 of 2020

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THE AGRICULTURAL INPUTS TRUST FUND ACT [CAP. 401 R.E. 2023]
(b) finance consultancy services or any technical assistance
in relation to acquisition, distribution and use of
agricultural inputs; and
(c) pay for the costs of administering the Fund. 5.–(1) The financial sources of the Fund shall consist of-
(a) such sums of money as may be voted to it by Parliament;
(b) such sums of money as may accrue to it by way of
voluntary contributions or grants from individuals,
international institutions and other organisations;
(c) interest paid on the borrowed funds;
(d) any other source as shall be determined by the Board
and approved by the Minister. (2) The Board shall designate a bank in which an account of
the Fund shall be maintained. 6.

be determined by the Board
and approved by the Minister. (2) The Board shall designate a bank in which an account of
the Fund shall be maintained. 6.

There is hereby established the Board of Trustees of the
Fund which shall-
(a) be a body corporate with perpetual succession and a
common seal;
(b) in its corporate name be capable of suing and being
sued;
(c) be capable of holding, acquiring and disposing of
property; and
(d) subject to the provisions of this Act, have power to do
such things and enter into such transactions which
in its opinion is calculated to further its objectives or
facilitate the discharge of its functions or otherwise is
incidental or conductive thereto. 7.–(1) The Board shall be composed of-
(a) the Chairman who shall be appointed by the President;
(b) six other members to be appointed by the Minister as
follows-
(i) a representative from the Ministry responsible for
agriculture;
Financial sources
of Fund
Establishment of
Board of Trustees
Composition of
Board
Act No. 3 of 2020 s. 7

rom the Ministry responsible for
agriculture;
Financial sources
of Fund
Establishment of
Board of Trustees
Composition of
Board
Act No. 3 of 2020 s. 7

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THE AGRICULTURAL INPUTS TRUST FUND ACT [CAP. 401 R.E. 2023]
(ii) a representative from the Ministry responsible for
finance;
(iii) a representative from the Ministry responsible for
local government;
(iv) a law officer from the Office of the Attorney
General;
(v) a member representing a recognised farmers
association; and
(vi) a member with experience in matters relating to
agriculture and business. (2) The Board may co-opt such other persons as it may
deem necessary or desirable for the purpose of securing the
efficient and effective discharge of its functions under this Act
but such co-opted members shall not be entitled to vote. (3) The provisions of the Schedule to this Act shall have
effect as to the tenure of office of its members, termination of
office, proceedings of the board and other matters in relation
to the Board and its members. (4) At least two of the members appointed under subsection
(1) shall be women. (5) The Minister may, by order published in the Gazette,
amend any of the provisions of the Schedule.

s appointed under subsection
(1) shall be women. (5) The Minister may, by order published in the Gazette,
amend any of the provisions of the Schedule.

(6) The Minister may, for the proper implementation of
the objectives of this Act, give directives of general or specific
nature to the Board. (7) The Board may, subject to such terms and conditions as
it may determine, form and appoint from among its members,
such number of committees as it may consider necessary for
better carrying out the functions of the Board under this Act. 8. The functions of the Board shall be to-
(a) advise the Minister on the policy of the Fund and
oversee its implementation;
(b) establish the national demand for agricultural inputs
and determine the cost thereof;
Functions of
Board
Act No. 3 of 2020 s. 8

ts implementation;
(b) establish the national demand for agricultural inputs
and determine the cost thereof;
Functions of
Board
Act No. 3 of 2020 s. 8

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THE AGRICULTURAL INPUTS TRUST FUND ACT [CAP. 401 R.E. 2023]
(c) appraise the Minister on the country’s stock position
with respect of agricultural inputs and the availability
of funds for their acquisition;
(d) ensure the availability of funds to finance the
procurement and distribution of the agricultural
inputs;
(e) monitor timely delivery, distribution and storage of
agricultural inputs;
(f) maintain and apply the finances of the Fund in
accordance with sound financial principles;
(g) grant loans on sound principles, and in particular with
regard to ensuring timely recovery of the principal sum
and any interest payable on any loan;
(h) co-operate with relevant institutions or authorities
responsible for monitoring and enforcing standards or
quality of products in order to ensure that agricultural
inputs imported on loans from the Fund are of the
acceptable standard or quality; and
(i) perform any other functions as may be required under
this Act.

puts imported on loans from the Fund are of the
acceptable standard or quality; and
(i) perform any other functions as may be required under
this Act.

9.–(1) There shall be a management team of the Fund which
shall be responsible to the Board for the day to day management
of the Fund. (2) The management team shall consist of-
(a) the Executive Director to be appointed by the Minister
upon the recommendation of the Board, who shall be
the chief executive of the Fund, head of the management
team and Secretary to the Board;
(b) such other officers to be appointed by the Board in such
numbers as the Minister may approve. 10. A person who intends to secure a loan shall apply to the
Fund in a manner prescribed in the regulations. [s. 9A]
Management
team and
Executive
Director
Application for
loan
Act No. 3 of 2020 s. 9

pply to the
Fund in a manner prescribed in the regulations. [s. 9A]
Management
team and
Executive
Director
Application for
loan
Act No. 3 of 2020 s. 9

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THE AGRICULTURAL INPUTS TRUST FUND ACT [CAP. 401 R.E. 2023]
11. The financial year of the Fund shall be the same as the
financial year of the Government. [s. 10]
12.–(1) The Board shall cause to be kept and maintained
books of accounts in relation to the transactions of the Fund
in accordance with acceptable accounting standards. (2) The books of accounts of the Fund shall be audited
by the Controller and Auditor-General at the end of each
financial year. (3) The Board shall, not later than four months after the
end of each financial year, submit to the Minister the audited
accounts and an annual report on the management of the
Fund in respect of that year. (4) The Minister shall, as soon as practicable and in any
case not later than four months after receipts from the Board,
lay before the National Assembly the annual report and the
auditor’s report of the accounts of the Fund. [s. 11]
13. The Fund shall be exempted from all taxes, rates and duties. [s. 12]
14.

nual report and the
auditor’s report of the accounts of the Fund. [s. 11]
13. The Fund shall be exempted from all taxes, rates and duties. [s. 12]
14.

A person who is aggrieved by the decision of the Board
regarding implementation of the provisions of this Act may,
within thirty days from the date of the decision, appeal to the
Minister. [s. 12A]
15.–(1) The Minister may make regulations for the purpose of
carrying into effect the provisions of this Act. (2) Regulations made under this section shall be published
in the Gazette. [s. 13]
Financial year of
Fund
Accounts and
audit
Fund exempted
from taxes
Appeals
Act No. 3 of 2020 s. 10
Regulations

ll be published
in the Gazette. [s. 13]
Financial year of
Fund
Accounts and
audit
Fund exempted
from taxes
Appeals
Act No. 3 of 2020 s. 10
Regulations

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THE AGRICULTURAL INPUTS TRUST FUND ACT [CAP. 401 R.E. 2023]
SCHEDULE
(Made under section 7(3))
PROVISIONS RELATING TO THE BOARD
1. A member of the Board shall hold office for a term of three years from
the date of his appointment, and shall be eligible for reappointment. 2.–(1) The Board shall ordinarily meet for the transaction of its business
at least four times a year at such places and times as may be determined
by it. (2) The Chairman shall preside at every meeting of the Board and
in absence of the Chairman the members present shall appoint one of
their number to be an interim Chairman. 3. The quorum at a meeting of the Board shall be half of the members
in office. 4. Issues proposed at the meeting of Board shall be decided by a majority
of the votes of the members present and in the event of an equality of
votes the Chairman shall have a casting vote in addition to his original
or deliberative vote.

the members present and in the event of an equality of
votes the Chairman shall have a casting vote in addition to his original
or deliberative vote.

5.–(1) The Board shall cause to be recorded and kept minutes of all
business conducted or transacted at its meetings and minutes of
each meeting of the Board shall be read, amended and signed by the
Chairman at the next meeting of the Board. (2) Any minutes purported to be signed by the person presiding at a
meeting of the Board shall, in the absence of proof of error, be deemed
to be a correct record of the meeting whose minutes they purport to be. 6. The validity of any act or proceeding of the Board shall not be affected
by any vacancy among its members or by any defect in the appointment
of any of them. 7. Orders, directions, notices or other documents made or issued on
behalf of the Board shall be signed by-
(a) the Chairman of the Board; or
(b) the Executive Director of the Fund. 8. Subject to the provisions of this Schedule, the Board may regulate its
own proceedings. Tenure of office
Meetings of
Board
Quorum
Decisions of
Board
Minutes of
meetings
Vacancies, etc.,
not to invalidate
proceedings
Orders,
directions, etc. Board may
regulate its own
proceedings

Decisions of
Board
Minutes of
meetings
Vacancies, etc.,
not to invalidate
proceedings
Orders,
directions, etc. Board may
regulate its own
proceedings

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