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

Chapter 6 : General Provisions

47. Exemptions

 

1) Notwithstanding anything contained in this Act the Minister may, if in his opinion special circumstances exist which justify exemption, after consultation with the board and the training board in question and by notice in the Gazette exempt any class, group, section or type of employers or employees specified in the notice, either generally or with such restrictions as he may deem fit, and subject to such conditions, if any, as he may impose in the notice, from any of or all the provisions of this Act, or from any directive issued or deemed to have been issued in terms of section 30, or from any provision of a notice published or deemed to have been published in terms of section 39, or from any condition of apprenticeship, and the Minister may, in so specifying any such class, group, section or type, differentiate on any ground he may deem advisable: Provided that the Minister may not so differentiate on the basis of sex, race or colour.

 

2) The Minister may, in the same manner, withdraw or amend any notice published under subsection (1).

 

3) The Minister may, on the recommendation of the board and after consultation with the training board in question, if in his opinion special circumstances exist which justify exemption, by means of a certificate signed by an officer, exempt any person, either generally or with such restrictions as he may deem fit and subject to such conditions as he may impose and for such period as he may specify, from any of or all the provisions of this Act, or from any directive issued or deemed to have been issued in terms of section 30, or from any provision of a notice published or deemed to have been published in terms of section 39, or from any condition of apprenticeship, or from any condition prescribed in a notice published under subsection (1).

 

4) Notwithstanding the provisions of subsection (1), the provisions of any exemption which by virtue of the provisions of section 58(2) is deemed to have been granted under this Act and which differentiate on the basis of sex, shall remain of force and effect until those provisions are amended or the exemption is withdrawn.

 

5) The Minister may at any time, on the recommendation of the board and after consultation with the training board in question, withdraw any exemption granted in terms of subsection (3) or amend the conditions on which it was granted.

 

6) The Minister may in writing and on such conditions as he may deem fit, delegate any power conferred upon him by subsection (3) or (5) to any officer in the service of the Department and may at any time withdraw such delegation.