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Manpower Training Act, 1981 (Act No. 56 of 1981)

Chapter 6 : General Provisions

39. Training levies

 

1) The Minister may, after consultation with the board, by notice in the Gazette impose a levy, payable by employers in general or by any category of employers specified in the notice, for the purpose of raising money which can be utilised for the purposes of the achievement of any of the objects of this Act or for the financing of any scheme under which provision is made for the provision of training and for which no provision is made in this Act.

 

2) A notice published in terms of subsection (1) -
a) shall state the amount and basis of the levy;
b) shall state the date on which such levy shall become payable and the person or officer to whom payments in respect of the levy shall be made;
c) shall state the purpose for which the levy is imposed and the basis on which the proceeds of the levy will be expended;
d) may require employers who are liable to pay the levy to keep, for such periods as may be specified in the notice, such records, and to render, for such periods, such returns as may be so specified;
e) may provide for the exemption of any employer or category of employers from the liability to pay such levy, either generally or in respect of a specified industry, area or category of employees;
f) may provide for any other matter so as to ensure an effective administration of the provisions of such notice.

 

3) The Minister may, in the same manner, withdraw or from time to time amend any notice published in terms of this section.

 

4) Any group or association of employers who have created a scheme for the training of employees (excluding 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) which provides for the establishment of a fund for the purposes of such scheme and provides for the payment of contributions (hereinafter referred to as a levy) to such fund by employers and the establishment of a body to administer such fund, may request the Minister to declare such scheme binding in respect of the industry in which they are engaged in the area in which they are so engaged.

 

5) Upon receipt of a request contemplated in subsection (4) the Minister may, if he deems it expedient to do so, and after consultation with the board, by notice in the Gazette declare that, with effect from a date and for a period specified in the notice, such provisions of the scheme as are set out in the notice shall be binding upon all employers and employees, or upon any specified group or class of employers and employees, engaged or employed in that industry in that area.

 

6) The provisions of subsections (2) and (3) shall mutatis mutandis apply in respect of a notice referred to in subsection (5).

 

7) The body referred to in subsection (4), which has been established to administer a fund referred to in that subsection, shall furnish the registrar with such information relating to that fund as the registrar may from time to time require.