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Agricultural Research Act, 1990 (Act No. 86 of 1990)

4. Functions, powers and duties of ARC

 

(1)        In order to achieve its objects, the ARC may—

(a) undertake and promote research, development and technology transfer in connection with—
(i) the optimal utilisation of the agricultural resources and the improvement of the production capacity of such resources;
(ii) the rehabilitation and improvement of the agricultural resources;
(iii) the opening of possibilities and the generation of new knowledge to solve particular problems;
(iv) the improvement of the nutritional value and quality of agricultural products;
(v) the pollution of the environment and the prevention thereof in respect of agriculture;
(vi) the improvement of existing techniques and the creation of new techniques for the processing of agricultural products and to improve the keeping quality of perishable agricultural products;
(b) utilise the technological expertise in its possession and make it generally available;
(c) publish information concerning its objects and functions, and establish facilities for the collection and dissemination of information in connection with research and development;
(d) establish and control facilities in those fields of research, development and technology transfer which the Council may from time to time determine;
(e) promote co-operation between the Republic and other countries with regard to research, development and technology transfer;
(f) co-operate with persons, institutions and associations undertaking research, development and technology transfer in other countries;
(g) co-operate with any institution or person to promote research and development, or contract with such institution or person to undertake research and development for the ARC;
(h) co-operate with educational authorities and scientific or technical societies in the Republic for the promotion of—
(i) the instruction of potential researchers in schools, technikons, colleges and universities; and
(ii) the training of researchers and technical experts;
(i) make grants to any institution for the advancement of research and development by their staff or for the establishment of facilities for such research and development;
(j) promote the training of research workers by means of the granting of bursaries or grants-in-aid for research, development and technology transfer and the making of monetary contributions for research, development and technology transfer programmes;
(k) grant study bursaries and educational loans to any person;
(l) subject to the provisions of section 5, enter into agreements with any person, institution, government or administration, upon such conditions as the ARC and that person, institution, government or administration may agree;
(lA) purchase or otherwise acquire, or possess, hire, alienate, let, pledge or otherwise encumber movable property;

[Subsection (1)(lA) inserted by section 1(a) of Act No. 12 of 1993]

(m) with the approval of the Minister, acting with the concurrence of the Minister of Finance—
(i) purchase or otherwise acquire, or possess, hire, alienate, let, pledge or otherwise encumber immovable property;

[Subsection (1)(m)(i) amended by section 1(b) of Act No. 12 of 1993]

(ii) borrow money from time to time on such conditions as the council may approve, by way of loans from any source and against the security which the Council may deem fit;
(iii) on its own, or in association with any person, establish a company for the purpose of developing or exploiting in any manner any invention or technological expertise, and for this purpose acquire an interest in or control over a company or statutory body referred to in section 1 of the Exchequer Act, 1975 (Act No. 66 of 1975); and
(iv) on its own, or in association with any person, create a trust for the administration of the donations, contributions and amounts referred to in section 20(5)(c);

[Subsection (1)(m)(iv) inserted by section 2 of Act No. 174 of 1993]

(n) hire or let services;
(o) as an end-product of research, development and technology transfer undertaken or caused to be undertaken by the ARC—
(i) produce and sell reports, computer programmes and other intellectual property;
(ii) manufacture and sell instruments, equipment and similar items;
(iii) produce, process and sell products;
(iv) conduct or commission market research and sell the results thereof; and
(v) provide, against payment, services not directly related to research;
(p) establish or undertake any research institute, unit or activity or place it under the control of any university, technikon, college or other educational or scientific institution on such conditions as may be agreed upon;
(q) do everything which in the opinion of the Council is conducive to the achievement of its objects or is calculated, directly or indirectly, to enhance or render profitable the value of the property or rights of the ARC.

 

(2) The ARC shall, in addition to its functions in terms of this Act or any other law—
(a) and subject to its objects, undertake the investigations, research, development and technology transfer which the Minister may assign to it;
(b) advise the Minister on research, development and technology transfer in the field of agriculture; and
(c) co-ordinate on a voluntary basis information on agricultural research and development in the Republic by implementing and keeping a central register of agricultural research and development projects, and institute such measures as it may deem fit to achieve such goal.