187 of 1993: Regional Industrial Development Act, 1993.
To establish the Regional Industrial Development Board; to provide for the establishment of programmes for regional industrial development; and to provide for matters incidental thereto.
"programme" means any programme established under section 10 or deemed to have been so established.
There is hereby established a juristic person to be known as the Regional Industrial Development Board.
nine members designated by the Minister who in his opinion have adequate expertise, knowledge or experience with regard to trade, industry or the economy, as well as the developmental problems and potential of the Republic, to represent and promote the interests of the inhabitants of the Republic.
The Minister may, before designating the members referred to in paragraph (c) of subsection (2), consult any organization or body which in his opinion represents the interests referred to in that paragraph.
The Board may appoint an Executive Committee, consisting of the Chairman and not more than two members designated by the Board from the members referred to in section 2(2)(c), to perform such functions as the Board may from time to time determine.
The Chairman shall act as chairman of the Executive Committee.
Any resolution taken by the Executive Committee shall be subject to ratification by the Board at the next ensuing meeting of the Board.
The objects of the Board shall be to promote industrial growth by way of incentives or concessions with due regard to regional requirements within the framework of the economic policy of the Republic.
The Board shall formulate recommendations on policy in respect of all regional industrial development programmes and shall submit such recommendations to the Minister for approval.
The Board may with the approval of the Minister, and shall, by direction of the Minister, develop, manage, administer and implement any regional industrial development programme established in terms of section 10 or deemed to have been so established, including any matter referred to in section 21ter of the Income Tax Act, 1962 (Act No.
determine the basis on which incentives or concessions may be paid in terms of a programme.
before the end of March each year submit to the Minister a report in respect of its activities during the previous year.
grant, amend or withdraw any incentive or reduced incentive in accordance with a Board resolution in that regard: Provided that for such purposes the Board shall be bound by the provisions of the programme in question and any relevant directives and guidelines issued by the Cabinet: Provided further that the provisions of subsection (2)(c) shall mutatis mutandis apply in respect of any such grant, amendment or withdrawal.
at all times remain objective and neutral during the proceedings of the Board.
If a member of the Board is unable to attend a Board meeting, such member shall before or on the date of any such meeting inform the Secretary of the Board of his absence: Provided that if a member of the Board is absent for three consecutive meetings without a reason acceptable to the Chairman, the Chairman may request the Minister to relieve such member from office in terms of subsection (3)(c).
The Minister may appoint an alternate member for each member of the Board, excluding the Chairman, and for the purposes thereof the provisions of section 2(2) and (3) shall apply mutatis mutandis.
An alternate member shall by direction of the member concerned, attend meetings of the Board on behalf of such member, and for the purposes thereof the provisions of subsections (1) and (3) and section 12 shall apply mutatis mutandis.
A member of the Board shall remain in office for such period and subject to such conditions as the Minister may determine and may be reappointed after his term of office has expired.
If a member of the Board dies, resigns or is relieved from office in terms of paragraph (c) before the expiration of the period for which he was appointed, the Minister may, subject to the provisions of section 2(2) and (3), appoint a person to fill the vacancy for the unexpired portion of the period for which such member was appointed.
The Minister may relieve any member of the Board from office if in his opinion there are sound reasons therefor.
Each member of the Board or a committee of the Board, including alternate or co-opted members, but excluding members in the full-time employment of the State, may be paid such salary, other remuneration and allowances as the Minister, with the concurrence of the Minister of State Expenditure, may determine from time to time.
The first meeting of the Board shall be held on such date and at such time and place as the Minister may determine by notice in the Gazette, and subsequent meetings of the Board shall be held on such dates and at such times and places as the Board may determine from time to time: Provided that the Board shall meet at least four times every year.
Seven members of the Board shall form a quorum for a meeting thereof.
A resolution adopted by a majority of the members of the Board present at a meeting, constitutes a resolution of the Board.
No decision taken by the Board or act performed under authority of the Board shall be invalid by reason only of a temporary vacancy on the Board or of the fact that a person who is not entitled to sit as a member of the Board sat as a member at the time when the decision was taken or the act was authorized, if the decision was taken or the act was authorized by the requisite majority of the members of the Board who were present at the time and entitled to sit as members.
The Board shall elect one of its members as vice-chairman.
The Chairman or, in his absence, the vice-chairman shall preside at all meetings of the Board: Provided that should both the Chairman and the vice-chairman be absent from a meeting, the attending members shall nominate one of their number as acting chairman for that meeting.
Minutes of all Board meetings shall be kept and submitted to the subsequent meeting of the Board for approval.
The Chairman of the Board may on the recommendation of the Board nominate one or more committees, which shall, subject to the instructions of the Chairman, perform such functions as the Board may determine.
A committee may consist of members of the Board or of such members and any other person or persons.
Provided that any action or decision taken by three or fewer of such members under such delegated authority shall be ratified by the Board.
The fact that a power or duty has been delegated under subsection (1), does not prohibit the Board from exercising such power or performing such duty itself.
In order to promote and support regional growth and development within the framework of the economic policy of the Republic, the Minister may, taking into account regional needs, on the recommendation of the Board and with the concurrence of the Cabinet, by notice in the Gazette establish, amend, revoke or substitute a programme for regional industrial development in terms of which assistance from funds appropriated annually by Parliament for this purpose, may be granted to industrialists by way of incentives or concessions.
set out the objects of the programme; and in general, make provision for any other matter which in his opinion is necessary or expedient in order to promote or attain the objects of the programme: Provided that paragraph (a) shall not be so construed as to limit the generality of this paragraph.
The Regional Industrial Development Programme of 1982, the Regional Industrial Development Programme of 1991 and the Simplified Regional Industrial Development Programme of 1993 shall be deemed to have been instituted under the provisions of this Act and to be in force as such.
The Director-General may at the request of the Chairman appoint in writing an officer of the Department or, with the approval of the Minister, any other person as an investigating officer for the purposes of this Act.
investigate any matter assigned to him by the Director-General at the request of the Board and which is necessary for the promotion of the objects of this Act.
An investigating officer appointed under subsection (1), may on presentation of his written appointment referred to in subsection (1), for the purposes of such investigation and, without prior notice enter any premises at any reasonable time and confiscate any commodity, book, record, fixed asset, raw material, stock, finished product or other article connected with the investigation.
The provisions of sections 6(4) and 12 shall apply mutatis mutandis to investigating officers.
with the approval of the Board.
Any person who contravenes subsection (1) shall be guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding 12 months.
Any agreement entered into in accordance with a programme before the commencement of this Act by a board with functions similar to those of the Board established under this Act or by the Department, as the case may be, in respect of assistance by means of incentives or concessions, and any other arrangements made by virtue of such an agreement, shall be deemed to have been entered into and made under the provisions of this Act.
The secretarial work connected with the functions of the Board shall, subject to the directives of the Chairman or any other member of the Board designated by the Board, be performed by officers of the Department designated by the Director-General.
The Director-General shall appoint one of the officers referred to in subsection (1) as Secretary' of the Board.
The Minister may issue regulations regarding any matter which shall or may be prescribed in terms of this Act, and, in general, with regard to any other matter which he deems it necessary or expedient to prescribe in order to achieve or promote the objects of this Act.
This Act shall be called the Regional Industrial Development Act, 1993.