Agricultural And Rural Development Authority Act [Chapter 18:01]

CHAPTER 18:01
AGRICULTURAL AND RURAL DEVELOPMENT AUTHORITY ACT
Acts 4/1971, 39/1973 (s. 53), 21/1978, 5/1982, 20/1982, 18/1989 (s. 15), 29/1990, 11/199 (s. 11), 22/1992 (s. 5),
22/2001 (s. 4). S.I. 675/1979.
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title.
2. Interpretation.
PART II
AGRICULTURAL DEVELOPMENT AUTHORITY
3. Establishment of Agricultural Development Authority.
4. Establishment of Board.
5. Constitution of Board.
6. Conditions of office of members.
7. Disqualification for appointment as member.
8. Vacation of office by member.
9. Minister may require member to vacate office or may suspend him.
10. Filling of vacancies.
11. Meetings and decisions of Board.
12. Committees of Board.
13. Remuneration and expenses of members of Board and committees.
14. Members to declare interests.
15. Right of certain officers to attend meetings, etc., of Board and committees.
16. Validity of decisions and acts of Board.
17. Execution of contracts and instruments.
PART III
FUNCTIONS, DUTIESAND POWERS OF AUTHORITY
18. Functions and duties of Authority.
19. Authority to submit reports and furnish information.
20. Powers of Authority.
21. Limitation of functions, duties and powers.
22. Appointment of director of subsidiary company.
23. General manager.
PART IV
FINANCIAL PROVISIONS RELATING TO AUTHORITY
24. Conduct of financial affairs of Authority.
25. Funds of Authority.
26. Investment of moneys not immediately required by Authority.
27. Authority to make certain charges to revenue account.
28. Establishment and operation of general reserve account of Authority.
29. Meeting of deficiencies.
30. Accounts of Authority.
31. Appointment of auditors and audit of accounts of Authority.
32. Powers of auditors.
33. Investigation into affairs of Authority.
PART V
GENERAL
34. Exemption from liability.
SCHEDULES
First Schedule: Powers of Authority.
Second Schedule: Functions of Subsidiary Companies.
Third Schedule: State Land, Responsibility For Which Vests in Authority.
AN ACT to provide for the establishment of an Agricultural and Rural Development Authority; to
confer powers and functions and impose duties upon such Authority; to provide for a Board to control
the operations of the Authority; and to provide for matters incidental to the foregoing.
[Date of commencement: 1st July, 1971.]
PART I
PRELIMINARY
1 Short title
This Act may be cited as the Agricultural and Rural Development Authority Act [Chapter 18:01].
2 Interpretation
In this Act—
“appropriate Minister”, in relation to any matter, means—
(a) any Minister who by or under any enactment is empowered or required to exercise any function
in respect of such matter; or
(b) a Vice-President where, by or under any enactment a Vice-President is empowered or required
to exercise any function in respect of such matter;
“Authority” means the Agricultural and Rural Development Authority established by section three;
“Board” means the Board referred to in section four;
“financial year” means such period as the Authority, with the approval of the Minister, may fix to be the financial
year of the Authority;
“member” means a member of the Board;
“Minister” means the Minister of Lands and Water Resources or such other Minister to whom the administration
of this Act may from time to time be assigned.
PART II
AGRICULTURAL AND RURALDEVELOPMENT AUTHORITY
3 Establishment of Agricultural and Rural Development Authority
There is hereby established an authority, to be known as the Agricultural and Rural Development Authority,
which shall be a body corporate and shall be capable of suing and being sued in its corporate name and, subject to
this Act, of performing all such acts as bodies corporate may by law perform.
4 Establishment of Board
The operations of the Authority shall, subject to this Act, be controlled by a Board appointed in terms of this
Part.
5 Constitution of Board
(1) The Board shall consist of a chairman and not less than four other members appointed by the Minister a fter
consultation and in accordance with any directions the President may give him.
(2) The Minister shall choose the persons to be appointed as members for their ability and experience in agriculture,
business or administration and their suitability otherwise for appointment as members.
(3) The members may appoint one of their number to be the deputy chairman of the Board.
6 Conditions of office of members
(1) A member shall, subject to this Part, hold office for such period, not exceeding three years, as the Minister
may fix on his appointment.
(2) Subject to section thirteen, a member shall hold office on such conditions as the Minister may in his case
fix.
(3) A retiring member shall be eligible for reappointment.
7 Disqualification for appointment as member
The Minister shall not appoint a person as a member and no person shall be qualified to hold office as a
member who—
(a) has in terms of a law in force in any country—
(i) been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or
discharged; or
(ii) made an assignment to or arrangement or composition with his creditors which has not been
rescinded or set aside;
or
(b) has within the period of five years immediately preceding the date of his proposed appointment, been
convicted—
(i) within Zimbabwe of a criminal offence; or
(ii) outside Zimbabwe of an offence by whatever name called which, if committed within Zimbabwe,
would have been a criminal offence;
and sentenced by a court to imprisonment for a term of six months or more, without the option of a fine, whether
or not such sentence has been suspended, and has not received a free pardon.
8 Vacation of office by member
A member shall vacate his office and his office shall become vacant—
(a) one month after the date he gives notice in writing to the Minister of his intention to resign his office or
after the expiration of such shorter period as he and the Minister may agree; or
(b) thirty days after the date he is sentenced by a court to imprisonment referred to in paragraph (b) of
section seven after conviction of an offence referred to in that paragraph:
Provided that, if during the said period of thirty days an application for a free pardon is made or an
appeal is filed, the question whether the member is to vacate his office shall not be determined until the
final disposal of such application or appeal, whereupon the member shall forthwith vacate his office and
his office shall become vacant unless he is granted a free pardon, his conviction is set aside, his sentence
is reduced to a term of imprisonment of less than six months or a punishment other than imprisonment is
substituted; or
(c) if he becomes disqualified in terms of paragraph (a) of section seven to hold office as a member; or
(d) if he is required in terms of section nine to vacate his office; or
(e) if he is absent from three consecutive meetings of the Board or of any committee of the Board of which
he is a member and of which he has had notice, without the permission of the Board.
9 Minister may require member to vacate office or may suspend him
(1) The Minister may require a member to vacate his office if the Minister is satisfied that the member—
(a) has been guilty of improper conduct as a member; or
(b) has failed to comply with the conditions of his office fixed by the Minister in terms of subsection (2) of
section six; or
(c) is mentally or physically incapable of efficiently performing his duties as a member.
(2) The Minister may suspend from office a member against whom criminal proceedings are instituted for an
offence in respect of which a sentence of imprisonment without the option of a fine may be imposed and, whilst
that member is so suspended, he shall not carry out any duties or be entitled to any remuneration as a member.
10 Filling of vacancies
On the death of, or vacation of office by, a member the Minister may appoint a person to fill the vacancy until
the expiration of the period during which the member would, but for his death or the vacation of his office, have
continued in office.
11 Meetings and decisions of Board
(1) The Board shall meet for the dispatch of business and adjourn, close and otherwise regulate its meetings
and proceedings as it thinks fit.
(2) The chairman of the Board may himself at any time, and shall at the request in writing of not less than
two members, convene a special meeting of the Board, which meeting in the latter case shall be convened for a
date not less than seven days or more than thirty days after the receipt of such request.
(3) The chairman shall preside at all meetings of the Board at which he is present.
(4) If at any meeting of the Board the chairman is absent—
(a) if a deputy chairman has been appointed, he shall preside;
(b) if no deputy chairman has been appointed or the deputy chairman is absent, the members who are present
at that meeting shall elect one of their number to preside;
and at that meeting the deputy chairman or member so elected, as the case may be, shall have all the powers and
discharge all the duties of the chairman except that in the event of an equality of votes he shall not have a casting
vote.
(5) Three members shall form a quorum at a meeting of the Board:
Provided that if at any time the Board consists of more than six members, the quorum shall be such number as
the Minister may fix by notice in writing to the Board.
(6) All acts, matters or things authorized or required to be done by the Board may be decided by a majority
vote at a meeting of the Board at which a quorum is present.
(7) At all meetings of the Board each member present shall have one vote on a question before the Board
and, in the event of an equality of votes, the chairman shall have, in addition to a deliberative vote, a casting vote.
(8) Any proposal circulated among all members and agreed to in writing by a majority of all members shall
be of the same force and effect as a resolution passed at a duly constituted meeting of the Board and shall be
incorporated in the minutes of the next succeeding meeting of the Board:
Provided that if a member requires that such a proposal shall be placed before a meeting of the Board, this
subsection shall not apply to such proposal.
12 Committees of Board
(1) For the better exercise of its functions and powers the Board may establish one or more committees in
which may be vested or on which may be imposed such of the functions and powers of the Board as the Board
may direct:
Provided that the vesting or imposition of any such functions and powers in a committee shall not thereby divest
the Board of such functions and powers and the Board may amend or rescind any decision of any such committee
in the exercise of its functions and powers.
(2) The chairman of the Board or of a committee may at any time and at any place convene a meeting of that
committee.
(3) The procedure of a committee shall be fixed by the Board.
(4) On the establishment of a committee in terms of subsection (1) the Board—
(a) shall appoint to that committee at least one member of the Board who shall be the chairman of that
committee;
(b) may appoint to that committee persons who are not members of the Board.
13 Remuneration and expenses of members of Board and committees
(1) Subject to subsection (2), a member of the Board or any committee of the Board shall be paid from the
funds of the Authority—
(a) such remuneration, if any, as the Minister may in his case fix; and
(b) such allowance as the Minister may fix to meet any reasonable expenses incurred by him in connection
with the business of the Authority.
(2) No remuneration or allowance may be paid in terms of subsection (1) to a member of the Board or of a
committee of the Board who is in the full-time employment of the Authority.
14 Members to declare interests
If at any meeting of the Board or of a committee of the Board a member thereof is aware that any matter
which affects—
(a) himself or his spouse or any person who is related to that member within the third degree of affinity or
consanguinity; or
(b) any person who is a debtor or a creditor of that member or in partnership with or in the employ of that
member; or
(c) any person who is a debtor under a mortgage bond of any body of persons, whether incorporated or not,
of which that member is a director or under which he holds any office or position other than that of auditor;
or
(d) any company, co-operative agricultural company or co-operative society of which that member is a
director or manager or under which he holds an office or position other than that of auditor;
is to be discussed or is under discussion, the member shall forthwith declare to the meeting his inte rest in such
matter and shall not vote on any question before the Board or a committee of the Board, as the case may be, which
relates to such matter:
Provided that nothing in this section shall be taken to prevent members of the Board or of a committee of the
Board from voting upon matters which affect the members thereof generally.
15 Right of certain officers to attend meetings, etc., of Board and committees
(1) Such officers of the Public Service as the Minister may designate shall, subject to subsection ( 2) be entitled—(
a) to attend meetings of the Board or of a committee of the Board; and
(b) to take part in the proceedings of the Board or of a committee of the Board;
as if they were members.
(2) An officer referred to in subsection (1) shall not have a vote on a question before the Board or a committee
of the Board.
16 Validity of decisions and acts of Board
No decision or act of the Board or act done under the authority of the Board shall be invalid by reason only of
the fact that—
(a) the Board consisted of less than the minimum number of members for which provision is made in
subsection (1) of section five; or
(b) a person disqualified in terms of section seven acted as a member of the Board at the time the decision
was taken or the act was done or authorized.
17 Execution of contracts and instruments
An agreement, contract or instrument approved by the Board may be entered into or executed on behalf of the
Authority by any person or persons generally or specially authorized by the Board for that purpose.
PART III
FUNCTIONS, DUTIESAND POWERS OF AUTHORITY
18 Functions and duties of Authority
(1) In this section—
“State land” includes Communal Land.
(2) Subject to this Act and any other enactment, the functions and duties of the Authority shall be—
(a) to plan, co-ordinate, implement, promote and assist agricultural development in Zimbabwe;
(b) to prepare and, with the agreement of the Minister, to implement schemes for the betterment of agriculture
in any part of Zimbabwe;
(c) to plan, promote, co-ordinate and carry out schemes for the development, exploitation, utilization,
settlement or disposition of State land specified in the Third Schedule;
(d) any other functions and duties which may be imposed upon the Authority by any enactment.
(3) The Authority shall, in consultation with the Minister and so often as he may direct, prepare a programme
showing how it proposes to carry out any particular function or duty in terms of this section.
(4) State land specified in the Third Schedule—
(a) shall, for the purposes of its development, exploitation, utilization, settlement or disposition, be the
responsibility of the Authority; and
(b) shall not be granted, sold, leased or otherwise disposed of to any person otherwise than on the recommendation
of the Authority.
(5) Where State land specified in the Third Schedule has been granted, sold, leased or otherwise disposed of
to the Authority or to any subsidiary company referred to in section twenty, such land shall not be granted, sold,
leased or otherwise disposed of to a third party by the Authority or that company, as the case may be, without the
approval of the Minister and the appropriate Minister.
(6) The President may at any time, by statutory instrument, amend the Third Schedule by amending any description
of State land contained therein or by inserting therein or deleting therefrom a description of State land.
19 Authority to submit reports and furnish information
(1) In addition to the annual report which the Authority may be required, in terms of section 44 of the Audit
and Exchequer Act [Chapter 22:03], to submit to the Minister the Authority—
(a) shall submit to the Minister such other reports as the Minister may require; and
(b) may submit to the Minister such other reports as the Board may deem advisable;
in regard to the operations, undertakings and property of the Authority.
(2) The Authority shall give to the Minister all such information relating to the undertakings of the Authority
as the Minister may at any time require.
(3) The Minister may lay before Parliament a report submitted to him by the Authority in terms of paragraph
(a) or (b) of subsection (1).
20 Powers of Authority
(1) Subject to this Act, the Authority shall, for the better exercise of its functions and duties, have power to
do or cause to be done, either by itself or through its agents, all or any of the things specified in the First Schedule,
either absolutely or conditionally and either solely or jointly with others.
(2) Subject to this Act, a company or other undertaking promoted, established, controlled or managed by the
Authority in terms of this Act may carry out all or any of the functions specified in the Second Schedule, either
absolutely or conditionally and either solely or jointly with any other company or undertaking, whether promoted,
established, controlled or managed by the Authority or otherwise.
21 Limitation of functions, duties and powers
(1) Subject to subsection (2), the functions, duties and powers of the Authority and the powers authorized in
terms of subsection (2) of section twenty shall not extend to any part of forest land or parks and wild life land.
(2) Subsection (1) shall not apply in relation to the supply to or the sale for use in any part of Zimbabwe of
water and electricity.
22 Appointment of director of subsidiary company
In the case of a company or other undertaking promoted, established or controlled by the Authority in terms
of this Act, the Authority shall so exercise the rights conferred on it by the holding of any interest in that company
or other undertaking as to secure that no person is appointed by the Authority or with the support of the Authority
to be a director of the company or other undertaking except after previous consultation with the Minister as to his
suitability for appointment.
23 General manager
For the better exercise of its functions and powers the Authority—
(a) may; or
(b) where the Minister so directs, shall;
appoint, on such terms and conditions as the Board thinks fit, a person approved by the Minister to be general
manager in whom, subject to the control of the Board, shall be vested the management of the operations, undertakings
and property of the Authority.
PART IV
FINANCIAL PROVISIONS RELATING TO AUTHORITY
24 Conduct of financial affairs of Authority
It shall be the object of the Authority so to exercise its functions and conduct its business as to ensure that its
income, taking one year with another, is not less than sufficient to enable the Authority to meet the outgoings of
the Authority which are properly chargeable to revenue account, including making provision for the matters
referred to in section twenty-seven.
25 Funds of Authority
The funds of the Authority shall consist of—
(a) such moneys as may be payable to the Authority from moneys appropriated for the purpose by Parliament;
(b) such other moneys or assets as may vest in or accrue to the Authority, whether in the course of its operations
or otherwise.
26 Investment of moneys not immediately required by Authority
Moneys not immediately required by the Authority may be invested in such manner as the Minister, acting on
the advice of the Minister responsible for finance, may approve.
27 Authority to make certain charges to revenue account
(1) The Authority shall charge to its revenue account all charges which, in the normal conduct of business,
are regarded as proper to be made to revenue account and, without derogation from the generality of the foregoing,
shall make in each financial year proper provision for—
(a) the depreciation or diminution in value of assets; and
(b) the payment of interest on and all other charges and expenses incurred in connection with loans; and
(c) the redemption of loans at due times:
Provided that the Minister may, after consultation with the Minister responsible for finance, by
notice in writing to the Authority waive the requirements of this paragraph for any particular financial
year in respect of one or more loans.
(2) In charging to its revenue account all the charges which in the normal conduct of business are regarded as
proper to be made to revenue account as provided in subsection (1) the Authority may make in each financial year
provision for meeting in whole or in part increases in the cost of replacing assets.
28 Establishment and operation of general reserve account of Authority
(1) The Authority shall establish a general reserve account to which the Authority may appropriate from a
surplus of revenue over expenditure such moneys as the Minister may approve or direct.
(2) Subject to section twenty-nine, moneys in the general reserve may, with the approval of the Minister, be
used for such purposes as the Authority may consider expedient for the proper exercise of its functions.
29 Meeting of deficiencies
If in any financial year the revenues of the Authority, together with any surplus revenue brought forward from
any preceding financial year, are insufficient to enable the Authority to meet its outgoings properly chargeable to
revenue account and to make the provision required to be made in terms of section twenty-seven, the deficiency
shall, unless the Minister otherwise directs, be met from the general reserve account established in terms of subsection
(1) of section twenty-eight.
30 Accounts