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Skills Development Act, 1998 (Act No. 97 of 1998)

Schedules

Schedule 2 : Transitional Provisions (Section 37(2))

5. Training centres

 

(1) In this item "training centre" means any—
(a) centre registered as a regional training centre registered in terms of section 31 of the Manpower Training Act;
(b) training centre registered as an industry training centre in terms of section 34 of the Manpower Training Act; or
(c) training trust established in terms of any law mentioned in Schedule 1 of the Integration of Labour Laws Act, 1994 (Act No. 49 of 1994),

and in existence immediately before the commencement of this Act.

 

(2) Subject to subitem (3), a training centre continues to exist and perform its functions as if the Manpower Training Act or any law mentioned in Schedule 1 of the Act referred to in subitem (1)(b) had not been repealed.

 

(3) A training centre must be liquidated4 in terms of its constitution not later than 31 March 2000 unless it has been registered as an association not for gain in terms of section 21 of the Companies Act, 1973 (Act No. 61 of 1973) before that date.

 

(4) The Director-General may take steps to liquidate a training centre after 31 July 1999 if that centre has not—
(a) applied for registration as such an association not for gain; or
(b) taken steps to liquidate itself in terms of its constitution.

 

(5) If a training centre is liquidated, any assets and rights not required to discharge the obligations and liabilities of that centre must be disposed of in accordance with the directions of the Director-General.

 

(6) Section 32 of the Manpower Training Act remains in force as if the Manpower Training Act had not been repealed, until a date determined by the Minister by notice in the Gazette.

 

 

                                                                                             

4 The liquidation process does not prevent a training centre from reconstituting itself as a private training provider, provided that the Director-General is satisfied that the needs of the learners for whom the centres were established are met, in which case the surplus assets will be transferred to the new institution in terms of subitem (5).