Small Enterprise Promotion Agency Act
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CONSOLIDATED TO 30 JUNE 2012
LAWS OF SEYCHELLES
SMALL ENTERPRISE PROMOTION AGENCY ACT
[7th June, 2004]
ARRANGEMENT OF SECTIONS
1. Short title
3. Establishment of the Small Enterprise Promotion Agency
4. Objects of the Agency
5. The Board of the Agency
6. Functions of the Managing Director
7. Staff of the Agency
8. Funds of the Agency
9. Financial year
10. Accounts and audit
11. Applicant of certain provisions of Penal Code
12. Protection of Agency
13. Repeal of Cap 216 and liquidation of SIDEC
1. This Act may be cited as the Small Enterprise Promotion Agency Act.
2. In this Act —
“Agency” means the Small Enterprise Promotion Agency established by section 3;
“Minister” means the Minister responsible for industries;
“small enterprise” means a business entity that is engaged in a craft or cottage industry, manufacture, assembly, agro-processing, repair, maintenance or a service related to an industry and is operated by not more than ten persons including the owner or owners and has an annual turnover not exceeding R1.5 million.
3. There is hereby established the Small Enterprise Promotion Agency which shall be a body corporate.
4. The objects of the Agency are —
(a) to promote small enterprises and development of crafts and cottage industries in collaboration with the Ministry responsible for industries;
(b) to implement the policy and strategies of the Government in relation to crafts and cottage industries;
(c) to administer the Atelier des Metiers de Bois;
(d) to supervise the construction of, and manage upon completion, the infra-structure relating to any micro-enterprise centre projects;
(e) to identify obstacles to the sustainable development of small enterprises, crafts and cottage industries and to propose solution thereto;
(f) to provide training and other business advisory services to small enterprises.
5.(1) The Agency shall be administered by a Board consisting of —
(a) the Principal Secretary of the Ministry, who shall be the chairman of the Board;
(b) the managing director;
(c) one member from the Seychelles Bureau of Standards;
(d) one member to represent the small enterprise engaged in crafts;
(e) one member to represent small enterprises other than those engaged in crafts;
(f) the secretary of the Board.
(2) The managing director, the secretary and each of the members referred to in paragraphs (c), (d) and (e) shall be appointed by the Minister after consulting with such persons as he deems necessary, for a term not exceeding 4 years and on such conditions as may be specified in the instrument of appointment and shall be eligible for reappointment at the end of the term.
(3) The Board shall meet at such place and such times as the chairman thinks fit.
(4) Three members of the Board shall constitute a quorum.
(5) Questions at a meeting of the Board shall be decided by the majority of votes of the members present but in the event of an equality of votes the person presiding shall have a casting vote.
(6) A member who has a direct or indirect interest in any matter to be decided at a meeting of the Board shall declare such interest and shall not take part in the deliberations or the decision in respect of that matter.
(7) Subject to this section, the Board shall regulate its own proceedings.
6. Subject to the direction of the Board, the Managing Director —
(a) shall manage the day to day affairs of the Agency;
(b) shall perform the functions of the Agency;
(c) shall have the power to sign documents on behalf of the Agency.
7. The Agency may employ such persons as are necessary for the performance of its functions on such terms and conditions as it deems fit.
8.(1) The funds of the Agency shall consist of —
(a) money authorised by an Appropriation Act or a resolution of the National Assembly and paid to the Agency;
(b) grants or voluntary contributions;
(c) moneys lawfully borrowed by the Agency;
(d) money received by the Agency as rent, interest, fees and other charges.
(2) The funds of the Agency may be applied —
(a) in the payment of emoluments of the members of the Board and staff of the Agency;
(b) in the payment or discharge of the debts, expenses or other obligations of the Agency.
(3) The funds of the Agency not immediately required for the purposes of the Agency may be invested in such manner as the Agency thinks fit.
9. The financial year of the Agency shall be the period of twelve months ending on the 31st December of any year provided that the first financial year shall end on the 31st December next following the date of commencement of this Act.
10.(1) The Agency shall keep proper accounts and records in relation to the accounts and shall prepare in respect of each financial year of statement of accounts.
(2) Article 158 of the Constitution shall apply to the auditing of the accounts of the Agency.
11. The members of the Board and the employees of the Agency shall be deemed to be employed in the public service and sections 91 to 96 of the Penal Code shall apply to them.
12. No liability civil or criminal shall attach to the Agency, a member of the Board or the staff of the Agency in respect of an act done or omission made in good faith in the performance or purported performance of the functions of the Agency or such member as the case may be.
13.(1) The Seychelles Industrial Development Corporation Act is hereby repealed.
(2) Notwithstanding subsection (1), the Seychelles Industrial Development Corporation shall continue to exist for the purpose of being wound up and dissolved under this section.
(3) The Minister shall appoint a liquidator for the purpose referred to in subsection (2), on such terms and conditions as the Minister may specify in the letter of appointment.
(4) The liquidator shall —
(a) identify and take possession of all the assets of the said Corporation;
(b) call for claims by such public notice as the liquidator deems appropriate requiring the claims to be submitted to him within a period of not less than 90 days of the notice;
(c) apply the assets received —
(i) in satisfaction of any dues to the Government;
(ii) in payment of the remuneration for the services of the liquidator;
(iii) in satisfaction of all claims
(iv) admitted by the liquidator.
(5) When the liquidator has complied with of subsection (4) he shall submit a written report of his conduct of the liquidation to the Minister and upon receipt of the report all the assets of the said Corporation that are not disposed of shall vest in the Agency and the said Corporation shall stand dissolved.
NO SUBSIDIARY LEGISLATION