Period: 21 Warning: You Are Viewing The Law, Parliamentary General Assembly Accepted. If It Does Not Contain Any Changes That Are Made Later. Organized Industrial Zones Law

Original Language Title: Dönem : 21 Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. ORGANİZE SANAYİ BÖLGELERİ KANUNU

Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k4562.html

The law No. 4562: the FIRST PART of the Purpose, scope, 12.4.2000, identifies the Purpose article 1. — The purpose of this Act of organized industrial zone is to regulate the construction and operation of the bases. The scope of article 2. — This Act, organized industrial zones and the formation of the parent organizations, organs, regulate the management and control of the operation of the provisions for individuals and organisations related with the duties, powers and responsibilities of the provisions that determine. Definitions and abbreviations 3. – In the implementation of this Act; Organized industrial zones: Industry eligible areas in order to ensure that the kentleşmeyi, to avoid environmental problems, to take advantage of information and information technology, manufacturing industry to be placed within a specific type of plan and development purposes, the necessary infrastructure of certified land boundaries with services and facilities and to be designated according to the Technopark are Boolean in a proper manner and with and within the industry for allocating specific systems created and operated in accordance with the provisions of this law with the production of goods and services in the region The Ministry: Ministry of industry and commerce, OSB: organized industrial zone, Participants: organized industrial zone has been the sale of the parcel in the allocation or the natural or legal person, the expression.
The SECOND PART of the establishment and Qualifications Organization article 4. Choosing the location deemed appropriate according to Regulation – OSB, places with the approval of the Ministry.
OSB belongs to site selection under the coordination of the Ministry with the participation of representatives of relevant institutions and organizations formed as a result of his review at site selection Commission, if 1/25000 scale environment arrangement plan taking into account the decisions made unanimously and OSB. MER's legislation, it should in accordance with and to the establishment of industrial facilities are not allowed to investigate areas that are OSB
Projected by the Ministry of health of health protection within the boundaries of the property band. After the finalization of the OSB the selection falls outside of the bounds of the Ministry of public works and settlement planning or related fields by the city within a year at the latest. Procedures and principles related with the Ministry and the Ministry of public works and settlement is determined jointly.
OSB will be held within the boundaries of the land and parcellation plans and changes, are prepared in accordance with the regulations and Ministry by the OSB, subject to approval by a decision of the Supervisory Board of the province by offering. Approved for information about plans which OSB institutions.
Which entered into force on land zoning plan land use, building and designing, construction and operation of facilities related to the license and permissions is provided and controlled by OSB.
The choice of Treasure or where public institutions and organizations in case of of land that belong to this land, would you mind if I and other requested is not found, the article 13 of the law on Tender No. 2886 first paragraph will be appreciated according to the highest bidder that is specified in the rayicine of the day fees to be paid in installments in advance or through negotiation with OSB can be sold to. The principles and procedures in this topic are determined jointly by the Ministry and the Ministry of finance. General Directorate of owned land Office is order to inventory plots OSB legal personality the title deed was ceded the land Office deed specified in article 11 of the law on the opening forth is not processed. The selected region is found to be the privately plots in this land are acquired through purchase or expropriation rızaen. This is the nature of real property law of the provisions of Act No. 2942 about Expropriation. OSB;
a) special provincial Administration, b) will be found in the OSB, city, town or municipality in the province of Granada, also in the Metropolitan Borough of the Metropolitan municipalities, provinces and districts according to availability c) Chamber of Commerce, Chamber of Commerce or Chamber of Commerce and industry, One of the Association or cooperative, d) Industrialists or more thanks to the positive opinion of the Governor signed and containing an entity, the enterprise Protocol approval by the Ministry is the winner.
Specialized professional organizations on the topic and in OSB formation representatives will be included in the delegation are entrepreneurs in the claims.
Principles and procedures relating to this item are determined by the regulation.
The qualities of article 5. — The OSB, on behalf of the public interest grounds of expropriation can be done or is a private law entity yaptırılabilen. The decision of the public interest, upon the application is provided by the Ministry of the OSB entrepreneur delegation. Ownership of the land exchanged land with fee payment obligation OSB costs incurred legal personality.
The THIRD PART Organs Organs article 6. – OSB bodies; a) Entrepreneur delegation (business stage the General Assembly), b), c) Supervisory Board, d) Regional Office.
Entrepreneur delegation article 7. – Entrepreneur delegation participating in the formation of institutions and organizations of the OSB and the competent organs, will be determined from among the members of the Member. Entrepreneur Committee the number of members that will create no more than fifteen 15 principal and substitute members. Participating agencies and organizations will be represented on the Board of entrepreneurs of members, participation rates are determined by considering the organizational Protocol.
Entrepreneur delegation members who are elected for two years and contained their institutions and organizations represented at the end membership tasks will be compromised. Instead of falling or unsubscribing allocated Member, represented by institutions and organizations in the front row replacement member. The participating members, instead of the number of occurrences of members.
Entrepreneur delegation at the first meeting, the Governor in the case of the President, the seventh paragraph of article 4 is counted one of the provincial administration and a Vice President from outside the municipal representatives, selects a President and a Vice President otherwise.
Entrepreneur delegation at least three in the absence of the President or of the President's Vice President once a month under the chairmanship of the majority are collected with. Decisions are taken with an absolute majority of their respective members. In the event of a tie the President's reputation in the game.
Entrepreneur delegation staff members, made in a row without a valid excuse, no excuse even if the three meeting or within a year, at least half of the meeting he addressed in a more withdrawn from membership.
Entrepreneur delegation; OSB required to perform the purpose of establishment of the decisions, and take measures, site selection report to fulfill specified issues, laws, regulations, organizational Protocol and similar arrangements given tasks, management and supervisory board to release their work and accounts, money and other resources to organizations that belong to the OSB purpose shall on using and.
Entrepreneur members of the delegation was appointed to the Supervisory Board members of the Administration and with the procedures and principles will shape the enterprise protocol arrangement and containing considerations with principles relating to the work of the task and will be a regulation by the Ministry.
The Board of Directors article 8. – The Board of directors from among its members, at least four are entrepreneurs delegation, including five principal choice, consists of five substitute members. Board members are selected for two years. The members of the Board of Directors selects a President and a Vice President among themselves. The Board of Directors meets at least twice a month, and the meeting is made with a simple majority. The three in a row without a valid excuse, no excuse for the meeting or made within six months, even if the meeting does not participate at least half of the members are drawn from membership. Be given majority decisions. In the event of a tie the President's reputation in the game. The Board of Directors; laws, regulations, organizational Protocol and similar arrangements within the framework of the decisions of the Board with enterprising OSB shipped and is in charge of carrying out the handle.
The Supervisory Board of article 9. — The Supervisory Board from among its members, the two principal choice entrepreneurs delegation, composed of two substitute members. Members of the Supervisory Board shall be elected for two years. Supervisory Board to control the budget consumption and application general control report once a year, and at least on a quarterly basis by editing the report look at the entrepreneur provides the delegation. Regional Directorate of article 10. – Regional Directorate, regional director with the administrative and technical staff enough. Credit uses the oizs, the special organization chart and roster with the approval of the Ministry occurs and changes. Regional Director assigned by the entrepreneur delegation. Regional Director, the decisions of the Board of Directors and in accordance with the instructions of OSB referral and other tasks and execute the sticklers.
Regional Director of oizs using the credit and other personnel will be deployed to OSB qualities and numbers to be issued by the Ministry Regulation.
Representation and bound by article 11. – ASDs; is represented by the Chairman of the Board of directors or Vice President. OSB, Deputy Chairman of the Board of directors or abusive posts bound together with one other Member of the Board of directors or signed by the Regional Director and thus authorized OSB dual signed as perfected. CHAPTER FOUR Financial Topics Income

Article 12. – OSB revenues include: a) Entrepreneur delegation participating agencies and organizations share of their affiliates.
b) made or sold land allocation and OSB will operate and pay dues of participants indicating with land and infrastructure shares of participation and service.
c) OSB when prepared for social infrastructure and tender in the region with sales fees of files which help businesses certify and visa costs of the project.
d) Management fees.
e) Water, electricity, natural gas, social facilities, treatment and similar business with revenues Affiliate revenues.
income from the sale of the f) plot. g) Donations.
h rent of public property and services income).
n.) bank interest rates.
j) fines.
k) notices and advertising revenue.
l) other income.
Shares of participating in article 13. — The OSB participated in the formation of institutions and organizations participate in the Organization shall be determined by the Ministry to undertake the Ministry expense. Acquisition of legal personality of this provision also applies to from the OSB. Payment methods and terms of participation shares determined organizational Protocol. This topic is resolved the disputes first-instance court.
Loans article 14. — The amount of the authorized bodies of the OSB project discovery can request a loan from the Ministry in relation to. The amount of this credit is limited to the collateral shown. Belongs to the type of contract is prepared by the Ministry to credit. Repaying credit demand and the procedures and principles to be issued by the Ministry are determined by the regulation.
The purpose of the loan to be used in an appropriate format for the Ministry.
In addition, in the case of other internal resources is needed with use of credit from external sources.
A priority in development, to be held in the regions with high technology requires specialized OIZ OSB land loan.
Developed and normal in the regions; This is the first time the terms set by the Ministry for the OSB made infrastructure lending in may be used. The expansion project will be held as a subsequent new sections or interest rates will be determined by the Ministry are applied by increasing amounts.
You will be given the loan amount is determined by the Ministry for expropriation.
The amount of $ 3500 per GDP and the following family members the amount of income on the OSB that found where Yörelerde No. 4325-emergency Region and Promoting the creation of Employment and Investments a priority in development, with changes to the income tax Act No. 193 About benefit Law.
Land sales, article 15. — Land Sales entrepreneur Committee shall determine the powers and responsibility of the Board of directors within the principles is carried out and shall be informed by the Ministry. Loans no credit debt to the Bank about oizs Ministry as reporting that sales are followed by the Bank, the allocation and the amount obtained from the sale in payment of loan installments with time. The amount obtained from land sale, emphasized that the deposit to be identified; If the amount in question from the date of the contract of sale prepayment, the yatırılış date of the term of the installment period Act No. 6183 in favor of the Bank, the Ministry for public receivables in article 51 of the law specified proportions following the hike rate applies and saves the Fund account is charged.
OSB may substitute collateral as shown and therefore decided to sell because of debt or participants of real estate Executive decided to sell the sale through; the region's projected qualifications recipients organizational Protocol sales. Sales located in Enterprise declared Protocol participants also included are attributes. Management fees article 16. – Management fees and services have their counterparts, except for business expenses by entrepreneurs treatment plant is determined by the size of the parcel. Treatment plant operating costs participation in shares on the basis of the flow and poisoning parameters are identified as the Board of Directors. Specified in the annual budget of the Board, the region's infrastructure and the overall cost of the joint services kesinhesap the previous year, also taking into account will be provided by the participants. The specified service on grounds of yararlanmadıkları management of the inevitable payment of dues. Entrepreneur delegation decisions to issue a warrant from the management fee is a warrant from the force of the follow-up on the way.
Article 17 the monetary rights and personal rights. — Entrepreneur delegation, Chairman of the Board of Directors and a member of the Supervisory Board with members of the public service and those who add peace, others per meeting for peace as or can be paid monthly fees. The aforementioned payments entrepreneurs delegation made its own sources outside the Ministry receives credit. The amount of the fee to be paid monthly peace rights and each year shall be determined by the competent authorities. Regional Director and other staff are run in accordance with the provisions of Act No. 1475 labour law. Oizs using OSB staff monetary credit and personal rights of the smallest and greatest quantities are determined by the Ministry. The FIFTH PART Miscellaneous Land allocations article 18. – To be issued by the Ministry, land allocation to attendees according to the provisions of the regulations made by the delegation of entrepreneurs. The Ministry considers it necessary, the OSB will be allocated in the private or legal person with basic skills can determine the organizational issues of Protocol.
Participants allocated or sold land cannot be used except for the purpose of the allocation in any way. This land all debt is paid by the participants and heirs before moving into production and also cannot be sold, cannot be transferred and cannot be. This deed is annotated. Land allocation and sale of company status in case of participants, when the payment of the debt and the sale of the land and speculative purposes without going through the production process to prevent the transfer of ownership with the measures the Ministry. However, in the event of liquidation of the company made land allocation or sale, the company carries the attribute of partner or partners participants the right to allocate age is possible. Muvazaalı tetkikle whether the transactions in this topic and taking the necessary measures according to the Ministry.
This determination by the Court in case of violation the prohibitions, land no matter who's saving the cost allocation or sales history by taking back with another participant and made the sale.
OSB will feature industry organizations on joint benefits to service for small and medium Industry Development Organization, social insurance institution, General Directorate of Turkish Standards Institute, postal, Telecommunications Inc., Turkish Patent Institute, entrepreneurs like institutions and organizations represented in the delegation room entrepreneur delegation by ownership to land could be assigned to stay at OSB.
Public places article 19. – Tap into the participants ' common from the OSB is allocated from the budget of expenses, OSB. OSB field of the transfer of the participants with the untested portions of the roads within the boundaries of the zoning plan and the OSB, recreational areas, OSB at its sole discretion. This deployment phase of the title deed is processed şüyu.
OSB, infrastructure or public service facilities will also in industrial parcel servitude occurrences of or and/or are not beneficial also.
Set up, use, and operation of infrastructure facilities as article 20. – The need of electricity, water, canalization OSB, natural gas, sewage, roads, communications, sports facilities, infrastructure and public service facilities, such as the setting up and operation of the buying public and private institutions, distribution and sales on setting up and operation of the production facilities to do as only the responsibility and authority of the OSB. However, the common treatment facility can accept standards of waste reduction must be made solely for the purpose of pre-treatment plant. OSB located in organizations, infrastructure needs OSB facilities must meet. OSB without authorization infrastructure needs cannot be satisfied from one place to another and, to this end, when individually negotiated. These organizations the right to use the infrastructure available to other organizations transfer cannot be allocated to benefit and that of others.
Other matters regarding the implementation of this article, to be issued by the Ministry Regulation.
The exemption of article 21. – The implementation of this law, legal personality related OSB operations, any taxes, duties, and shall be exempt from all fees. Wastewater treatment plant wastewater by municipalities from the region who runs fee is not applicable.
Responsibility article 22. — Entrepreneur delegation, members of the Board of Directors and regional office staff are leading their own flaws with the sair giderler are responsible for any damages. These are in the money and money provision of documents and bills with the balance sheet, record, report, books and documents because of their crimes are punished, such as State officers. The Ministry's powers article 23. – Prepared for the delegation and Ministry entrepreneurs organization Protocol OSB is confirmed. The Ministry deems necessary or upon the complaint of any account and OSB operations being audited and is authorized to take measures.

The Ministry of infrastructure loans through, social service facilities and project tenders, tender Commission including constitute all the transactions related to the tender, will be determined by the Ministry within the principles and procedures shall be performed by the OSB management and finalized. Monitoring procurements will be and in what way the Commission approval of the establishment of the organisation with progress payments to be issued regulation considerations.
Loan do not benefit from the execution of the tender process and finalization oizs entrepreneur delegation of authority and responsibility.
This subsection of the article temporary Law 1 the need for delegations and entrepreneurs who fail to meet as a result of the control bodies to be made given the tasks done by this law, they will not accept credit claims designated OSB. Repayment of loans issued and payable upon them.
Control article 24. – All kinds of accounts and operations of the OSB and OSB administration in January next year, and annually deemed necessary at any time, always sworn financial accounting inceletilir. Independent audit organized by the audit report, a financial affidavit makes OSB management and Ministry at the same time. The General Assembly, article 25. – You will be asked by the Ministry documents passed through the OSB production have made businesses and organizations that Protocol will be established in the region the number of recipe business reaches the number 1/3 is allocated or sold their place and thus as natural and legal persons who acquired participants represent and bind the representatives of authorities will choose among themselves the members of the delegation are represented entrepreneurs through. In this way the number of the selected member, the number of Board members shall not exceed half of the entrepreneurs. Will be installed in all businesses in the region 2/3 of the bravura production or as in the case of payment of the credit debt of the region fully, participants or representatives of the members of the delegation together with entrepreneurs at the latest within six months of the first meeting of the General Assembly, Board of Directors and Supervisory Board of entrepreneurs will have served its purpose.
Production history of the participants if they wish to continue the Board majority of enterprising entrepreneurs delegation continues. Entrepreneur delegation will join the delegation to continue if the number of participants of the entrepreneurs, the number of Board members is a half of entrepreneurs.
At the first meeting of the General Assembly, the Convention on legal personality is changed to the main existing organizational Protocol, decisions shall be taken majority.
Unlike the subsequent constitute the General Assembly does not have a provision in this law, to the extent the OSB with regard to the organs of joint stock companies of the Turkish Commercial Law the relevant provisions are applied by analogy with the bodies.
Following the formation of the General Assembly, Executive Board and Supervisory Board of the entrepreneurs Board OSB cannot take any decision, does not apply to decisions.
Principles and procedures of the general meeting and the Board of Directors and the Supervisory Board is determined by the principles and procedures for the selection of regulation.
Article 26 special industrial zones. – This code will allow dairy farmers in the designated place, private law legal persons and natural persons think OSB can be installed. However, they can't do the install custom OSB nationalization. OSB organization claim, will be forwarded to the appropriate Ministry with the opinion of the Governor of the province.
OSB site selection made the Ministry upon request, according to the procedure laid down in article 4. Planning of land supply, OSB, design, infrastructure construction-related expenses will establish the area natural and legal persons. OSB-related plans and projects with competent institutions and organizations in this regard and the consent of the Ministry are subject to approval.
OSB parcels of land, or in the operation of the buildings may be sold with or be rented out on request.
The parent organization, ordinances and regulations article 27. – Between the OSB and resolving common problems, assistance for the task and work of OSB to create parent organizational shapes is determined in the regulation to be issued. Envisaged in this regulation, "OIZ Application Regulation" as a single with the name of the regulation, shall be brought within one year from the date of publication of the Act. The Ministry, within the framework of the implementation of this Act in relation to legislation and to take the necessary measures is authorized to make edits. CHAPTER SIX transitional provisions TRANSITIONAL ARTICLE 1. – Before the date this law comes into force for the purpose of the law is composed of ASDs in the format, within one year from the date of publication of the Act states that in accordance with the law.
Before the date of publication of this law, the bodies, the OSB established under this law within the duration of the functions of adaptation. These organs have taken decisions, iltizamî financial, administrative and contracting and signed contracts, and that's exactly what the validity of upon completion of the process of adaptation. The personal rights that are currently running oizs protected. TRANSITIONAL ARTICLE 2. – Law No. 5590 before the entry into force of this law, chambers of Commerce and industry, chambers of Commerce, Industry, Maritime Commerce, Trade Exchanges and Turkey Trade, industry, marine trade Chambers and Commodity Association of article 5 paragraph (r) of subsection (5) of the California penal code number based on how it is being managed is lower ASDs, in this law, "said OSB is considered to choose among.
This type of delegation tasks entrepreneurs oizs, room Assembly, the Board of Directors was created in accordance with legislation applicable duties OSB boards, supervisory board duties in the room of the Assembly budget Committee.
TRANSITIONAL ARTICLE 3. – Established before the entry into force of this law the entrepreneur delegation, OSB, the seventh paragraph of article 4 arising in other institutions and organizations have participated in the rights and obligations of the their remains if they want, its affiliates or refund can be divided into shares. TRANSITIONAL ARTICLE 4. Initiated before the entry into force of this Act shall be liable to expropriation – operations concluded by the relevant institutions.
TRANSITIONAL ARTICLE 5. Founded before the entry into force of this Act shall be small – industrial site in the industry, will organize Cooperatives Union of claims will be included in the delegation are entrepreneurs in. Small industrial site, consisting of a small industrial area in every organized cooperative participant. Cooperatives are a selected person is terminated for search each site is represented with the General Assembly.
TRANSITIONAL ARTICLE 6. – With the aim to establish before the entry into force of the law, OSB entrepreneur delegation have been acquired on behalf of institutions and organizations that make up all of the land, the land, and all real estate propertys with these agencies and organizations that make up the delegation of entrepreneurs built on behalf of all the buildings and public facilities are registered title deed in favor of legal personality tashihen OIZ.
OSB entrepreneur delegation Ugarte all securities contained in the OSB and its affiliates are transferred free of charge shares of OSB legal personality.
General Directorate of land Office purchased land and land according to article 11 of the law in the land Office deed can be rendered with Sharh is deleted.
TRANSITIONAL ARTICLE 7. – entry into force date of the law No. 4342 Mera mera is described as made of ASDs in the fields; Approved by the Ministry of industry and trade and investment program has been taken to the pasture as long as they are the attribute would be lost. These areas are not subject to the provisions of the law No. 4342 Pastures. Pasture provincial commissions that they previously involved with decisions void. Entry into force article 28. – The last paragraph of article 14 of this law, 2001, other substances will take effect the date of promulgation. Execution article 29. – This law the provisions of the Council of Ministers.