OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 7th Year No. 26 ADDIS ABABA -31 May , 2001 CONTENTS Proclamation No. 238/2001 Ethiopian Agricultural Sample Enumeration Commission Establishment Proclamation Page 1511 PROCLAMATION NO.238 / 2001 A PROCLAMATION TO PROVIDE FOR THE ESTABLISHMENT OF THE ETHIOPIAN AGRICULTURAL SAMPLE ENUMERATION COMMISSION WHEREAS , the majority of the Ethiopian population is engaged in Agriculture , and it is necessary to have basic statistical information regarding this sector of the economy ; WHEREAS , the availability of detailed information development programme formulations , monitoring and levels in a region ; WHEREAS , in order to manage the agricultural census of agricultural census activities at national , regional and at lower administrative levels in a region ; NOW , THEREFORE , in accordance with Article 55 ( 1 ) of the Constitution of the Federal Democratic Republic of Ethiopia , it is hereby proclaimed as follows : Short Title This Proclamation may be cited as the " Ethiopian Agricultural Sample Enumeration Commission Establishment Proclamation No.238 / 2001 ” . Unit Price The African Law Archive No. 26 318 May , 2001– Page 1512 2. Definitions In this Proclamation unless the context requires otherwise : 1 ) ' Agricultural Census ” means the collection , com pilation , evaluation , and dissemination of statistical data especially regarding agricultural holdings and volume of crop production , livestock and beehives , manpower engaged in agricultural activities , the use and holding of agricultural machinery , irrigation , improved seeds , fertilizer , pesticide and othe similar statistical information at the national and regional levels based on representative large scale sample ; 2 ) “ Authority ” means Central Statistical Authority ; 3 ) “ Commission " means a body established to lead and coordinate the tasks of Agricultural Census at national , regional , zonal and wereda levels ; 4 ) “ Region " means any region referred to in Article 47 of the Constitution of the Federal Democratic Republic of Ethiopia and includes , for purposes of the implementation of this Proclamation , the Ad ministration of Addis Ababa and Dire Dawa ; 5 ) “ Government Office ” means any Ministry , Com mission , Authority , Office , Institution , Bureaux or any other Central or Regional government office ; 6 ) " Person " means any natural or juridical person . 3. Establishment 1 ) The Ethiopian Agricultural Sample Enumeration Commission ( hereinafter referred to as the “ Com mission ) is hereby established . 2 ) The Commission shall be accountable to the Council of Ministers . 3 ) In order to execute the agricultural census activities the Council shall have the power to issue census order . 4. Organization of the Commission 1 ) The Commission shall have : a Central Commission ; ( b ) National or Regional Commission ; ( c ) Zonal Commission ; ( d ) Wereda Commission ; and ( e ) . Kebele Committees as may be necessary . 2 ) The Authority shall serve as the Secretariat of the Commission . 5. Members of the Central Commission The Central Commission shall have the following mem bers : 1 ) The Prime Minister / Representative ..... Chairperson 2 ) The Minister of Economic Development and Cooperation ........... Member and Vice Chairperson 3 ) The Minister of Agriculture .... Member 4 ) The Minister of Culture and Information ........ 5 ) The Minister of Finance 6 ) The Director General of Agricultural Research Organization The African Law Archive 7 ) The Minister of Education Member 8 ) The Minister of Water Resources 9 ) General Manager of Natural Resources and Environmental Protection Authority ....... ” 10 ) General Manager of Animal , Animal Products and By - Products Marketing Development Authority 11 ) The General Manager of Coffee and Tea authority . 12 ) The Head of the National / Regional Affairs Sector in the Prime Minister Office ... 13 ) The General Manager of the Authority . Member and Secretary . 6. Powers and Duties of the Central Commission The Central Commission shall have the following powers and duties : to initiate policy directives regarding the Ethiopian Agricultural Sample Enumeration and follow implementation of same ; 2 ) to determine the time for carrying out the agricultural Census as well as the type of information to be collected ; 3 ) to notify the public on the agricultural census activities ; and to give decisions on matters submitted by National Regional Commissions . 7. Members of the National Regional State Commission The Commission shall have the following members : 1 ) President of the National / Regional StateChairperson 2 ) Head of Planning and Economic ... Development .Member and vice Chairperson 3 ) Head of Agricultural Bureau Member 4 ) Head of Finance Bureau ... 5 ) Head of Information Bureau 6 ) Head of Education Bureau 7 ) Head of Investment Office . 8 ) Police Commissioner ...... 9 ) Head of Disaster Prevention and Preparedness Bureau / Office . 10 ) Head of Other Organizations which have affiliation with agricultural activities . 11 ) Head of Branch Statistical Office of the Authority .Member and Secretary . 8. Members of the Zonal and Wereda Commission 1 ) Members of the zonal and Wereda Commissions shall be determined by directives to be issued by the National / Regional State Commissions . 2 ) The Chairpersons of the executive committees of Zonal and Wereda Administrations shall be the chairpersons of the respective Agricultural Sample Enumeration Commissions . 3 ) the head of the Authority or his representative in each Administrative hierarchy shall serve as a member and secretary to the respective commission . Powers and duties of the National / Regional , Zonal and Wereda Commissions . 1 ) Commissions established at the National / Regional , Zonal and Wereda levels each being accountable to the next higher Commission , shall have the following powers and duties within their respective jurisdiction ; The African Law Archive No. 26 31 May , 2001 Page 1514 to ensure the implementation of directives issued by the next higher commission ; ( b ) to mobilize the public , government offices , and organizations for the execution of the Agricultural Sample Enumeration activities at different Administrative levels ; ( c ) to device ways and means as well as find solutions to the problems encountered based on prevailing objective conditions of the particular Administrative hierarchy , for the execution of the Agricultural Sample En umeration activities ; and ( d ) to perform other duties assigned to it by the next higher commission . 2 ) The powers and duties of Committees to be es tablished at kebele level shall be determined by directives issued by the Commission . Rules and Procedures of the Commissions 1 ) The Commissions established at each level shall meet at the request of the Chairperson , or where more than half of the members so require . 2 ) There shall be a quorum where the majority of the members of the Commission are present . 3 ) Decisions of a Commission shall be made by a majority votes ; in case of a tie , the Chairperson shall have a casting vote . 4 ) Each Commission shall draw up its own rules and procedure . Powers and Duties of the Authority In addition to the powers and responsibilities given to it by law , the Authroity shall be responsible for the execution of the Agricultural Sample Enumuration . Without limiting the generality of the foregoing , the Authority shall , in order to carry out the Agricultural Sample Enumeration , have the following powers and duties : 1 ) to in collaboration with concerned bodies , prepare , questionnaires , manuals and logistics necessary for undertaking the Agricultural sample Enumeration ; 2 ) to collect statistical data relating to Agriculture and to that end , to inspect relevant documents and records as well as enter private premises or hol dings at appropriate time as the rules and regulations of the government permit ; 3 ) to compile and analyze Agricultural Sample En umeration data collected , and submit the report to the Central Commission , and disseminate same upon approval ; 4 ) to utilize the personnel , property and services of any government office at the time set in accordance with article 11 ( 2 ) given here in above in consul tation with the relevant organs , and when it finds it necessary , for carrying out the the Agricultural Sample Enumeration activities ; and 5 ) to discharge such other functions as are necessary for the attainment of its objectives.in 3.290 The African Law Archive No. 26 318 May , 2001 – Page 1515 12. Obligation to Cooperate 1 ) Any person shall have the obligation to cooperate in the discharge of the Agricultural Sample Enumertion activities to be carried out pursuant to this Proclamation . 2 ) Any person required to furnish statistical infor mation in accordance with this Proclamation shall have the obligation to furnish correct statistical information to the Agricultural Şample Enumeration enumerator or supervisor bearing an identification card issued by the Authority . 3 ) Any owner , holder keeper , or agent of a premise , a land , livestock , agricultural implements , machinery thereto , shall have the obligation to allow entry to such property to the Agricultural Sample Enumeration enumerator or supervisor bearing an identification card issued by the Authority . The Authority may not , unless otherwise ordered by the Court , divulge particulars collected from individuals and organizations in the Agricultural Sample Enumeration activities . 14. Penalty Any person who : 1 ) is unwilling to furnish information regarding Agricultural Sample Enumeration , or furnishes false information of same or ; 2 ) obstructs the Agricultural Sample Enumeration by refusing to allow entry to property as referred to under Article 12 ( 3 ) of this Proclamation shall , upon conviction , be liable to a fine of not exceeding Birr 150.00 ( one hudred fifty Birr ) or to an imprisonment not exceeding one month . 15. Inapplicable laws Any law which is inconsistent with this Proclamation shall not apply to matters provided for in this Proclamation . 16. Effective Date This Proclamation shall come into force as of the 31 " day of May , 2001 . Done at Addis Ababa , this 31st day of May , 2001 . PRESIDENT OF FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA The African Law Archive