| 1) |
Any group or association of employers engaged in an area determined in terms of subsection (9) and who have, subject to section 31A, by means of a constitution made provision for the establishment, management and operation of a centre for the training of employees and other persons by a governing body, may apply to the registrar for the registration of that centre as a regional training centre. |
| a) |
The registrar may, on such conditions as he may deem fit, register a centre to which an application contemplated in subsection (1) relates, as a regional training centre. |
| b) |
On the registration in terms of paragraph (a) of a centre as a regional training centre, that centre shall become a juristic person. |
| a) |
The conditions contemplated in subsection (2)(a) may also relate to - |
| i) |
the courses of training which may be provided at the regional training centre in question; |
| ii) |
the nature, duration and standard of such courses; |
| iii) |
the standard of education or practical experience which shall have been achieved or gained by employees and other persons before they may be permitted to undergo training of a particular nature at the regional training centre in question; |
| iv) |
the requirements relating to their qualifications and experience with which persons who will provide instruction at the regional training centre in question, shall comply; |
| v) |
the premises, equipment, facilities and materials which shall be used or provided for the purposes of training by the regional training centre in question; and |
| vi) |
any other matter connected with such regional training centre or training provided there. |
| b) |
The registrar may withdraw or from time to time amend any condition imposed or deemed to have been imposed in terms of this section. |
| 4) |
The governing body of a regional centre shall furnish the registrar with such information relating to that centre or the control, management or functioning thereof as the registrar may from time to time require. |
| 5) |
The Minister may, at the request of the governing body of a regional training centre, on such conditions as the Minister may deem fit and on such basis as he may determine with the concurrence of the Minister of Finance, out of money appropriated by Parliament for that purpose, provide financial assistance to that regional training centre. |
| a) |
Whenever the registrar, in respect of a regional training centre, has reason to believe that - |
| i) |
the regional training centre has been liquidated; or |
| ii) |
any condition imposed on that centre in terms of subsection (2)(a) or deemed to have been imposed in terms thereof, has not been complied with; or |
| iii) |
training in accordance with the provisions of this Act is no longer being provided at that centre, |
he may send a registered letter to the head office or last known head office of that centre requiring the centre to show cause within the period determined in that letter, not being less than 30 days, why its registration shall not be withdrawn.
| b) |
At the expiry of the period determined in terms of paragraph (a) the registrar may, unless cause to the contrary to his satisfaction has been shown, withdraw the registration of the centre. |
| c) |
Upon the withdrawal of the registration of a centre in terms of paragraph (b), that centre shall cease to be a juristic person: Provided that the liability (if any) of every person charged with the winding-up of the centre, shall continue and may be enforced as if the registration of the centre had not been withdrawn. |
| 7) |
The registrar shall from time to time inform the board of all applications received by him in terms of subsection (1). |
| 8) |
The provisions of this section shall not apply in respect of training in connection with which the provisions of any agreement have in terms of section 48 of the Labour Relations Act, 1956 (Act No. 28 of 1956), been declared binding. |
| 9) |
The Minister may for the purposes of subsection (1) determine areas, and may determine different areas in respect of different categories of work determined by him for this purpose. |
| 10) |
A regional training centre shall be established at the place or places determined by the governing body concerned with the approval of the registrar. |
| 11) |
Any training in terms of this section the cost of which is intended to be considered for the purposes of an employees training allowance as referred to in section 11sept of the Income Tax Act, 1962 (Act No. 58 of 1962), shall take place in accordance with courses approved by the registrar. |
| 12) |
From the date of commencement of the Manpower Training Amendment Act, 1990 - |
| a) |
any centre which was registered as a group training centre immediately prior to the said date shall be deemed to be a regional training centre which has been registered in terms of this section, as amended by the said Act, and any conditions, if any, which applied to the group training centre shall, subject to subsection (3)(b), remain applicable in respect of the regional training centre; |
| b) |
every person in the employ of the governing body of the group training centre immediately prior to the said date, shall become an employee of the regional training centre; |
| c) |
all movable or immovable property which immediately prior to the said date vested in the governing body of the group training centre shall, without payment of transfer duty, stamp duty or other fees, accrue to and vest in the regional training centre, subject to any charge with which such property may be burdened: Provided that all funds which immediately prior to the said date were vested in the said governing body by trust, donation or bequest, shall be applied by the regional training centre in accordance with the conditions of the trust, donation or bequest; |
| d) |
the regional training centre shall assume and be liable for all lawful debts and liabilities of the governing body of the group training centre, subject to all lawful conditions under which those debts and liabilities were incurred; |
| e) |
a registrar of deeds shall, at the written request of the regional training centre, record on any title deed, document or record registered or kept in the deeds registry concerned, the fact that the regional training centre is the successor in law of the governing body of the former group training centre; and |
| f) |
any reference in any law or document to a group training centre or to the governing body of a group training centre, shall be deemed to be a reference to a regional training centre or to the governing body thereof, respectively. |
Foodstuffs, Cosmetics and Disinfectants Act, 1972
