Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k5449.html
Law No. 5449:25.1.2006 PART ONE objective and scope, Definitions, General Coordination Organization, objective and scope article 1-the purpose of this Act; public sector, private sector and non-governmental organizations to develop resources in place and effective cooperation between the use and the local potential, national development plans and through activation programmes, as regional development compatible with the prescribed principles and policies, to ensure the sustainability, inter-regional and intra-regional disparities will be created to reduce the duties and powers of the enterprise development agencies, principles relating to and coordination with rhythmic cycles.
Definitions article 2-implementation of this Act;
a) region: Annex 1 Statistical Regions at level 2 Unit specified in the list, b) Agency: Development Agency, c) Decree on the establishment of the Organization, the Council of Ministers of development agencies: the decision refers.
Enterprise article 3-Agencies, on the basis of regions, the Undersecretariat of State Planning Organization is bound by a decision of the Board of the Council of Ministers upon the proposal of the Minister. The Agency will be the center of the province, the organization is specified in the Decree.
Annex 1 list of specified region and Council of Ministers is authorized the removal of the Agency has been established.
Agencies, has legal personality and all transactions that have not been edited by this law the provisions of private law.
General Coordination article 4-Agencies at the national level is responsible for the coordination of State Planning Organization.
State Planning Organization;
a) inter-regional and intra-regional disparities takes the mitigating measures; planning, programming and project guidance and advice to the Agency on the issues, plan and monitors and evaluates the implementation of programmes.
b) Agencies conducted programs with corporate performance measurement principles and procedures pertaining to the performance of the makes their evaluation or.
c) internal and external funds for Regional development agencies with principles and principles of their use.
d enables collaboration between Agencies and joint project) production.
e) Agencies as effective and efficient functions for cooperation with related institutions and organizations at the central level and coordination.
f) confirms the Agencies annual work programs.
g) by the Board of Directors among those selected, qualified and quoted Secretary General of the Agency.
h) Plan and programs, assistance and transfer, personnel qualifications and employment, budget, and accounting standards for use, annual reports, monitoring, evaluation and control principles and guidelines principles and operation of investment support Office with usûllerini in consultation with the relevant public institutions and organizations.
The SECOND PART of the task and the Entitlements of the Agency's functions and powers article 5-the Agency's duties and powers are as follows: a) has contributed to the efforts of local governments to provide technical support.
implementation of the program and the plan b) provider to support activities and projects; in this context, supported activities and projects implementation process, evaluate and declare the results of the Undersecretariat of State Planning Organization.
c in accordance with the plan and program area) region of rural and local development to contribute to the development of capacity related to and provide support to projects in this scope.
private sector and public sector in the region, d) non-governmental organizations by executing and the district plan and other important projects in terms of the programs.
e) regional development objectives as to perform; public sector, private sector and civil society organizations to improve collaboration between.
the second paragraph of article 4 f) (c) within the framework of the plan, the region and the resources allocated to the Agency program to use or in accordance with is using.
to identify the source of the region and opportunities), step up economic and social development and to increase research competitiveness, to other people, organizations and institutions to support his research.
h.) the region's business and investment opportunities, in collaboration with relevant organizations at the national and international level to promote or.
investors ' in the provinces of Region I), duties and powers of public institutions and organizations in the field of permit and license procedures and other administrative work and operations, to conclude within the time specified in legislation about one-stop monitoring and coordinating.
j) Management, production, promotion, marketing, technology, financing, organization and workforce training cooperation with relevant organizations, such as small-and medium-sized businesses by providing new entrepreneurs.
Turkey has participated in bilateral or multilateral) international program-related activities in the region to promote and contribute to the development of the project, the scope of these programs.
financial structure the Agency's activities, and l) other issues the Agency will run an internet site up to date.
Collection of information article 6-scope of the tasks the agency deems necessary information is authorized to request from institutions and organisations. They have requested information that is under the obligation to submit information in a timely manner.
The THIRD PART of the special organization structure the Agency's Organisation article 7-special organization structure the Agency is as follows: a) Development Board.
b) Board of Directors.
c) General Secretary.
d) investment support offices.
Development Board article 8-regional development goal; public institutions and organizations in the region, private sector, non-governmental organizations, universities and local governments to enhance cooperation among and agency to direct Development Board is created.
Development Board, will allow the provinces a balanced way representation consists of more than one hundred members, most.
Will send representatives to the Board of public institutions and development organizations and private sector and non-governmental organizations, the number of sending representatives, tenure and other particulars determined by organizational Decree.
Development Board, among its members, first meeting, a Chairman and a Vice Chairman. The President and the Acting President's term for two years.
The President and Acting President, represented the institution at the end of Assembly Presidency and mensubiyeti with Vice-Chairman are also terminated, and first Vice President and the meeting again, selection is made.
At the invitation of the Chairman of the Board Development Committee meets twice a year. The Council also, at the request of one-fifth of the members convened by Chairman of the Board is called.
Development Board, more than half of the members plus one is collected, with the majority of respondents with taking decisions. Meeting quorum contraversial to exceed fifteen days in the new meeting date is determined by the President and it's meeting quorum shall not be required.
The duties and powers of the Development Committee article 9-duties and powers of the Development Committee are: a) on the Board of Directors in the regions of a single province will feature special cuts and/or representatives of non-governmental organizations and two solid backups respectively.
b) the Agency's annual activity and internal audit reports, to evaluate and provide recommendations to the Board of Directors.
solutions to the region's problems and c), the promotion of potential and priority as the Board of Directors for advice.
Undersecretariat of State Planning Organization the results of d) meeting reporting and publishing a result announcement for the meeting.
Article 10 of the Board of Directors-Board of Directors, the Agency's decision.
The Board of Directors, consisting of a single provincial regions, the Governor, Mayor, President of the Provincial Assembly, the Chamber of industry Chairman, Chamber of Commerce President with Development Board by special cuts and/or will be selected three representatives of non-governmental organizations; in regions of multiple provincial provincial governors, non-metropolitan provinces of the Metropolitan mayors or mayors of the city center, the Provincial Assembly Presidents and one person from each province shall be composed of the President, the Chamber of Commerce and industry. However, more than one of provinces of the province; the rooms of Commerce and industry was established separately, will include representatives of the Board of Directors of the Union of Chambers and commodity exchanges of Turkey is determined by the Board of Directors.
Agency, the Chairman of the Board of Directors represents. Chairman of the Board of Governors. Members of the first Board of Directors meeting chooses a Deputy.
In regions of multiple provincial Chairman of the Board of Directors; the Governor of the province identified as the center of the first year the Agency by next year, according to the alphabetical order of the provinces in the region for a period of one year by the Governor are executed alternately.
All regions of the province Development Board by a two-year term of Office of members of the Board of Directors selected whether their mandate in any way from the time of termination of membership in the order of the replacement members, is completed. Ending the mission members may be reelected. Member of the Board of Directors, members of the institutions and organizations they represent do not constitute obstacles to resuming its duties.
Members of the Board of Directors and agency-related privacy information and during the implementation of this law in the field of work they find out secrets, even if they are separated from their posts they can't disclose, they cannot use their own or others ' interest.
Board members, themselves, their spouses, and the second degree of blood and beech Hall directly on issues that they are the owner or partner with commercial enterprise may not participate in the meeting and to vote.
At the invitation of the President of the Board of Directors members every month with a half of the total surplus is collected at least once. In the absence of the President's Vice Chairman of the Board of Directors shall preside over the meetings.
Present at the meeting of the Board of Directors decides by majority vote. In case of equality, the President's decision the vote is taken.
The Secretary General of the Agency, not the right to vote and participate in the meetings of the Board of Directors.
The duties and powers of the Board of Directors article 11-duties and powers of the Board of Directors are as follows: a) annual work program on the approval of the Undersecretariat of State Planning Organization to accept and offer.
b according to the need to revise the budget in the year).
c the annual financial report and the final budget results) confirm.
d) purchase of movable and immovable property, and selling and renting service to decide.
e) search report of six months with the annual activity report of the Undersecretariat of State Planning Organization.
f) confirm the budget Agency and State Planning Organization Undersecretariat.
g General secretarial program offered by project) and support of activities related to the proposals to be made to individuals and corporations with AIDS confirm that.
h) grants and donations to be made to the Agency.
n.) Personnel recruitment and deciding to go.
j) as General Secretary of the working units and confirm the Division of labour between them.
k the Undersecretariat of State Planning Organization) Secretary General, and to present to the approval.
l) Vehicle Leasing, sale and purchase of movable goods other than with the Secretary-General's authority in matters of recruitment service to identify the limits would be.
In cases deemed necessary by the Board of Directors of the above-mentioned powers on the condition that a portion of the border may transfer their General Secretary clearly determine.
Chief of staff General secretarial Agency Executive article 12-. The Secretary General and the Chief of the investment support Office is on the top of the General Secretary. The Secretary General is responsible to the Board of Directors.
The Secretary-General's qualifications to be employed as Secretary General of article 13-qualifications specified below must be: a) law, economics, finance, business administration, public administration, international relations, statistics, labor economics and industrial relations, mathematics, sociology, architecture, urban and regional planning are engineering branch or with the higher education Board accepted the higher education institutions abroad at the undergraduate level.
b) the Agency's activity in the field of sufficient information and experience on issues; specialised jobs being worked on at least ten year de facto.
c) public personnel foreign language proficiency exam, a minimum of 70 points or from the English language equivalent is to have the validity of the accepted international document.
The Secretary-General's functions and powers article 14-duties and powers of the Secretary General are as follows: a implement the decisions of the Board of Directors).
b prepare an annual work programme and budget and management) to the Board.
c) according to the article, collect their Revenue Agency 4th will be determined to be paid to the said principles and in accordance with the resolution of the Board of Directors budget and expenditures.
d) to be determined by the Board of directors within the limits, vehicle purchase, and sale of goods transported outside the Charter, and to decide on the purchase of the service.
persons, institutions and organizations in the region e) project development and implementation capacity of developer activities.
f) private sector, civil society organizations and local governments in evaluating the project and activity proposals of the Board of Directors proposal to provide financial support.
assess the projects and activities Supported, the g), control and reporting.
h) regional development agencies and organizations inside and outside the country about how to cooperate with and to develop joint projects.
n.), has contributed to the efforts of local governments to provide technical support.
j to evaluate its performance and determine Staff performance criteria).
k and an end to recruiting Staff) to the Board of Directors.
l.) representing the General Secretary of the Agency, regional development and participate in national and international meetings related to the international talks.
the Secretariat of the Agency's work and mission area m) other services.
He transferred the powers of the Board of Directors of n).
Investment support Office in article 15-one with the decision of the Board in the provinces of Region Coordinator, up to five experts, including investment support offices are formed. The number of expert staff working in investment support Office, cannot answer to the needs of the region and province if it becomes in this issue, the decision of the Board of Directors and with the approval of the Undersecretariat of State Planning Organization.
Investment support Office regarding the tasks the Secretary General is responsible for against.
Investment support services provided to investors in offices is completely free.
The duties and powers of investment support Office article 16-investment support duties and powers of the Office are as follows: a) the provinces of the region, private sector investors in the duties and powers of public institutions and organizations in the field of administrative permission and registration processes and other related legislation work and operations within the specified time, the relevant legislation is not specified for a while first and urgent to conclude on behalf of the Board of Directors one-stop monitoring and co-ordinating Watch the investments.
b) related legislation application requirements and to give information to the investor according to the requested document and show the way.
c) references as preliminary examination.
to be issued in accordance with article 4 d) is specified in the editing processes.
e) Job and the Governor and about processes that give information to the Secretary General.
Article 17 the reference to investment support Office-Investors, with the specified information and documents about legislation refers to the investment support Office. A reference to this time, as a result of investment support offices, not from the time specified in the relevant legislation. The scope of this law, the investors investment support Office depends on their wishes to refer.
Permit and license procedures and other administrative work and operations for investment support applications made to the relevant authorities by the Office, be deemed to have been made by the investors.
Investment support Office which will be referenced about the investment and operation, the article 4 (h) to be issued in accordance with the scope of the regulations.
CHAPTER FOUR Control Agency Personnel Regime, budget and personnel quality, status and Rights article 18-Agency services, specialized personnel employed in accordance with the provisions of business legislation and support staff shall be carried out by hand. In addition, agencies employ an internal auditor internal audit is to make. Secretary, public relations, administrative, financial and personnel archive, related operations, such as the number of support personnel who will run things, the Agency cannot exceed 20% of the total number of personnel.
Expert staff and internal auditor, law, economics, finance, business administration, public administration, international relations, statistics, labor economics and industrial relations, mathematics, sociology, architecture, urban and regional planning are engineering branch or with the higher education Board accepted the higher education institutions abroad at the undergraduate level graduate, public personnel foreign language proficiency exam, a minimum of 70 points from the English language or equivalent accepted internationally recruited from among the candidates with the document. In addition, the internal auditor as audit in the public sector in the element searched for at least ten years worked requirement.
From working in public institutions and organizations, referred to in this law they themselves request that carries qualities and institutions prior to the General Secretary at the Agency, internal auditor or with specialized personnel can be employed as well. These institutions by making the employment relationship ends. These wages with other financial and social rights will be determined by employment. In this way they employed, at the end of the Agency tasks, educational status, years of service and by considering the results of the previous title of institutions in accordance with their careers or status an empty staff assigned in three months at the latest, or position and without the need for any processing starts the task at the latest within a month. However, these individuals are not assigned administrative titles earlier in the institutions is not taken into account. Individuals covered by this paragraph, the previous public institutions and to the staff in the assigned joint decree, to be held in this paragraph is made with the approval of the Minister concerned assignment operations. Returning to the previous institution in accordance with this paragraph the persons vested last agency services are evaluated monthly degrees and levels. In this case, seniority compensation shall not be paid and these periods shall be taken into account in the pension account. In this way the number of personnel shall not exceed 30% of the total number of personnel.
The Agency's staff pension and social security in terms of 17/7/1964 and covered by Social Insurance Act No. 506.
Members of the Board of Directors and the Secretary General and the entire staff to be employed at the Agency;
being a Turkish citizen, b a)) are not deprived of public rights, even though they have been State c) Forgiveness personality of crimes committed against, embezzlement, ihtilas, irtikâp, bribery, theft, fraud, forgery, abuse of faith, honor and dignity as disgraceful or dishonourable offences bankruptcy demolition charge or using and consumption of istihale except for the smuggling, trafficking and trading in official tender rigging, revealing State secrets to crime convicts due to be found the terms are searched.
The Secretary General and other staff remuneration and day delikleri with other financial and social rights decision of the Supreme Planning Board and the upper and lower limits are determined by the Board of Directors to a maximum.
Agency staff in all disputes related to the Labour Court.
Income and to manage funds article 19-the Agency's revenues and manage the funds include the following: a) general budget tax revenues that occurred the previous year tahsilatından, local administrations and with tax refund funds transferred through the remaining amount after deducting shares, will be allocated for each year at the rate of five per thousand deductions from transfer, shall be settled by the high Planning level of population for each agency, advanced and performance criteria will be determined according to the share.
b) to be provided by the European Union and other international funds resources.
c) operating income.
d) held the previous year budget revenues through, special provincial administrations in the region; the nature of borrowing, they come in General, with the allocation of value added and except for special budget institutions received aid items to be one percent, to the municipalities; excluding income in the nature of borrowing and allocation to be one percent will be transferred from the budget of the current year, at the rate of pay.
the rooms of industry and commerce in the region, e) the previous year, at a rate of one percent, budget revenues finalized the current year will be transferred from the budget share.
f) for national and international institutions and organizations, donations and grants.
they come from the previous year, g) is disabled.
The Council of Ministers, special provincial administrations are determined to raise to five percent or up to download is determined in this law, the rate that is set up for the municipalities; up to half to download or is authorized to raise up to specified in this law.
The first paragraph (d) and (e) are specified in paragraphs share the relevant administration and organizations by the Agency will be transferred to the account until the end of June. (d) shares transferred within the period specified in subparagraph and, if not, this general budget administrations tax revenue collection, according to the Ministry of finance allocated over a giant pile of sum of interest and/or Counties will be transferred to the relevant agency cut Bank account. Other receivables are collectible, according to General provisions.
Costs article 20-the Agency's expenses are as follows: a.) Plan, program and project expenses.
b) does not support the project and activity expenses.
c) research and development expenses.
d) promotion and education expenses.
e) movable and immovable property and services costs.
f) Management and staff expenses.
g) other expenses about tasks.
The Agency's total annual personnel expenses, which took place last year may not exceed fifteen percent of budget revenues.
Article 21 financial transparency and accountability responsibility-Agencies, financial resources to obtain and use, in order to ensure control, undertakes public opinion in a timely manner. To this end;
a) duties, powers and responsibilities be defined as open, preparation of the Annual work programme and budget, b), the consideration of the competent organs, implementation and application of the results to be made public and accessible reports, c) Agencies by not more than one year of the project and the activities provided support as of public disclosure of specific periods, d) is a standard accounting system and Agency accounts generally accepted accounting principles based on the creation of an accounting scheme , is mandatory.
Obtaining financial agencies and financial resources, and ensuring financial control officials and authorized; resources are effective, economical, efficient and must be obtained in accordance with the law, accounting, reporting, use and abuse is responsible for necessary measures.
Budget article 22-national and regional level, as determined by the plan and programs, high ceiling of allowances and annual work Planning program prepared according to the budget, the Agency's budget shows revenue and expense forecasts within the year. The budget year is the calendar year. Cannot be made non-budget expenditure.
Preparation and adoption of the budget article 23-Agency, Supreme Planning Board, the first paragraph of article 19 (a) according to the criteria specified in each year, in June, will be held to transfer the Agency from the general budget of the indicative ceilings of the specified share with other income items, taking into account the estimates next year's budget. National and regional plans and programmes taking into account the Secretary-General's draft budget and work programme to be prepared by the likçe, is presented to the Board at the beginning of August.
When the Board of Directors the draft budget after work program until the beginning of September at the latest, together with the opinion to be sent to the Undersecretariat of State Planning Organization. General Budget Act budget, comes into effect from the date on which the Undersecretariat of State Planning Organization kesinleştirilerek within 15 days.
the first paragraph of article 19 (a) of the California penal code will be held according to the Undersecretariat of State Planning Organization transfer allowance, shown in the budget. According to the monthly spending allowance program can be obtained at the State Planning Organization Agency.
The finalization of the budget to be held for the in-progress jobs until they are associated with the budget of spending.
The results of the budget article 24-Budget results, by the Secretary General in March after the end of the budget period in which is presented to the Board of Directors; discussed and decided in the Board of Directors.
If the results aren't approved budget the Ministry of Interior and the Undersecretariat of State Planning Organization. These agencies and/or other relevant laws of this act according to the provisions related to the process plant.
Control is done by internal and external audit article 25-Compering.
Internal audit; the Agency's activities, accounts, operations and performance of the Chairman of the Board of directors or the Secretary General is controlled by an internal auditor with. Internal audit reports are presented to the Board of Directors and development.
The external audit; The Ministry of Interior and the Ministry of finance and the State Planning Organization Undersecretariat will be determined according to the Agency's essential conjointly and usûllere all kinds of accounts and operations, at the latest every year by the Board of Directors in March and deemed necessary at any time, always according to the legislation the capital markets Board of Turkey established independent audit institutions inceletilir. Independent external audit organizations, prepared by the Ministry of the Interior at the same time the report and State Planning Organization Undersecretariat. As a result of criminal particulars necessary control procedures to the Ministry of Interior, performance-related reviews and State Planning Organization Undersecretariat officials to take the necessary measures.
According to the article makes this independent audit organizations partners, managers and employees to criminal liability as 28/7/1981, dated and the capital market Law No. 47 of the 2499 (B) of subsection (3) with the lower number was 48 and 49 I provisions of the article.
The FIFTH PART Miscellaneous Exemptions
Article 26-Agencies; business and operations related to the implementation of this law, all kinds of taxes, shall be exempt from all fees and taxes.
It won't take effect provisions of article 27-Agency, 10/12/2003 and law No. 5018 Public Financial Management and control Law, 8/9/1983 and procurement law No. 2886 and 4/1/2002 and are not subject to the provisions of the public procurement Law numbered 4734.
Article 28 – 19/6/1994 and 540 numbered State Planning Agency the Decree on the Organization and duties of the article 2 the following paragraphs have been added.
"l) development agencies to ensure the coordination and related job and carry out operations."
Article 29-article 14 of Decree No. 540 "structural adjustment policies may arise during the implementation of the solution of problems in order to develop projects and to coordinate the work to be done on these issues," almost "after general coordination of development agencies and related job and carry out operations," the statement added.
Article 30 – 27/10/1989 and 388 numbered Southeastern Anatolia Project Regional Development Administration Organization Establishment and duties of the Decree on the article 2 (f) "Nazim and implementation plan to deliver or" modified, the item is added and the following (I) the last paragraph of article 3 is repealed.
"I) Adıyaman, Batman, Diyarbakir, Gaziantep, Kilis, Mardin, Siirt, Şanlıurfa and Şırnak province will be established in the region that encompasses the coordination task of development agencies, State Planning Organization principles and principles to be determined according to execute," PROVISIONAL ARTICLE 1-all the agencies up and running the first paragraph of article 19 until its activity (a) transfer appropriations to be allocated in accordance with the established Agency is determined by considering the number of. As of the date they are installed in agencies for the rest of the year wins the right to use their own share.
TRANSITIONAL ARTICLE 2-which can be employed at the Agency for the first year the greatest number of personnel organization is specified in the Decree.
TRANSITIONAL ARTICLE 3-Turkey-European Union Financial Cooperation carried out under regional programs; created for the purpose of project execution and coordination in areas of business and operations unit is conducting, with their rights and obligations will be moved for all kinds of goods, from the date of entry into force of the Decree of establishment within one month are handed over to the relevant agency.
This project units staff; the Organization of the Agency, which was established in the region tasked Ordinance within six months from the date of entry into force related references from the Agency, as specified in the second paragraph of article 18 have qualities other than the ones the learning branch of expert staff, while others support staff according to the provisions of this law as are primarily employment related.
TRANSITIONAL ARTICLE 4-Development Board, from the date on which the Decree was issued the organization within a month, the Agency chaired by the Governor of the province, identified as the center of the first meeting.
Enforcement article 31-will take effect the date of promulgation of this law.
The provisions of this law, ARTICLE 32 execution-the Council of Ministers.
Annex 1: Statistical Regional Units Classification TR1 TR2: West Marmara İstanbul İstanbul TR10: TR21: Edirne, Kırklareli, Tekirdağ Thaker: Balikesir, Canakkale TR3: Edwards TR31 İzmir TR32: Aydın, Denizli, Muğla TR33: Afyonkarahisar, Kütahya, Manisa, Usak TR4: East Marmara TR41: Bilecik, Bursa, Eskişehir TR42: Bolu, Düzce, Kocaeli, Sakarya, Yalova TR5: TR51 Western Anatolia: Ankara TR52: Karaman, Konya TR6: Mediterranean TR61: Antalya, Burdur, Isparta TR62 : Adana, Mersin, Osmaniye, Hatay, Kahramanmaraş TR63: TR7: TR71 Central Anatolia: Aksaray, Kırıkkale, Kırşehir, Kayseri, Nigde, Nevsehir TR72 Sivas, Yozgat TR8: Zonguldak, Bartın, Karabük, Western Black Sea Thakur: TR82: Çankırı, Kastamonu, Sinop TR83 Samsun, Tokat, Corum, Amasya TR9: Eastern Black Sea TR90: Artvin, Giresun, Gümüşhane, Ordu, Rize, Trabzon, Bayburt, Erzincan Northeast Anatolian TRA1: TRA: Erzurum TRA2: Pain, Ardahan, Igdir, Kars TRB: Middle East Anatolian TRB1 : Bingol, Elazig, Malatya, Tunceli, Hakkari, Muş, Bitlis, Van TRB2: TRC: TRC1 Southeastern Anatolia: Adiyaman, Diyarbakir, Gaziantep, Kilis TRC2 TRC3: Batman, Mardin, Sirnak, Siirt
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