Hides, Skin and Leather Trade (Leather Development Council) Rules, 2010 (Cap. 359)

[Rev. 2012] CAP. 359 Hide, Skin and Leather Trade [Subsidiary] 47 [Issue 1] HIDES, SKIN AND LEATHER TRADE (LEATHER DEVELOPMENT COUNCIL) RULES, 2010 ARRANGEMENT OF RULES Rule 1. Citation. 2. Interpretation. 3. Establishment and composition of the Council. 4. Functions of the Council. 5. Staff of the Council. 6. Removal from office. 7. Meetings and procedure of the Council. 8. Disclosure of interest. 9. Allowances. CAP. 359 [Rev. 2012] Hide, Skin and Leather Trade [Subsidiary] [Issue 1] 48 HIDES, SKIN AND LEATHER TRADE (LEATHER DEVELOPMENT COUNCIL) RULES, 2010 [L.N. 65/2010.] 1. Citation These Rules may be cited as the Hides, Skin and Leather Trade (Leather Development Council) Rules, 2010 and shall come into effect on the 1st July, 2010. 2. Interpretation In these rules, unless the context otherwise requires— “Council” means the Leather Development Council established by rule 3; and “Minister” means the Minister for the time being responsible for livestock development. 3. Establishment and composition of the Council (1) There is established a council to be known as the Leather Development Council. (2) The Council shall be an unincorporated body consisting of— (a) a chairperson, who shall not be an ex officio member, appointed, subject to paragraph (3), by the Minister from among members of the Council in consultation with the Council; (b) the Permanent Secretary of the Ministry for the time being responsible for livestock development or the representative; (c) the Permanent Secretary of the Ministry for the time being responsible for trade or the representative; (d) the Permanent Secretary of the Ministry for the time being responsible for industry or the representative; (e) the Permanent Secretary of the Ministry for the time being responsible for finance or the representative; (f) ten members appointed by the Minister of which— (i) one shall be a representative of Kenya Livestock Marketing Council; (ii) one shall be a representative of Slaughter House Association; (iii) one shall be a representative of Kenya Hides and Skins Traders and Tanners Association; (iv) one shall be a representative of Tanners Association of Kenya; (v) one shall be a representative of Kenya Footwear Manufacturers Association; (vi) one shall be a representative of Kenya Leather Goods Manufacturers; (vii) one shall be a representative of informal leather manufacturers; (viii) one qualified representative from institutions of higher learning associated to leather development; and (ix) two shall be persons with knowledge or experience in matters relating to leather industry or environmental matters. [Rev. 2012] CAP. 359 Hide, Skin and Leather Trade [Subsidiary] 49 [Issue 1] (3) A person shall not be appointed a chairperson under paragraph (2)(a) unless that person— (a) holds a university degree or its equivalent related to leather industry with at least five years experience; or (b) has at least ten years experience in leather industry or its equivalent. (4) A member of the Council, other than ex officio member, shall hold office for a period of three years and is eligible for re-appointment for one further term. 4. Functions of the Council (1) The principal function of the Council is to oversee and advice the Minister generally on the matters relating to the processing of and trade in hides, skins, leather and leather goods and shall in particular but without prejudice to generality of the principal function— (a) promote, direct, co-ordinate and harmonize all activities in the leather subsector; (b) oversee the licensing of the leather subsector; (c) guide the implementation of the Council’s policies and strategies; (d) advice the Minister on national strategies and policy in respect of leather subsector; (e) undertake research and development activities; (f) organize and supervise capacity building in the leather subsector; (g) set standards and enforce compliance in collaboration with other relevant institutions; (h) collect, store, analyze and disseminate data on leather subsector; (i) mobilize technical and financial support for the leather subsector; (j) enhance internal and external marketing strategies; and (k) perform any other function as the Minister may consider necessary. (2) The Council may establish committees consisting of members of the Council or non-members or both to carry out any of its functions. 5. Staff of the Council The secretary and any other staff of the Council shall be seconded to the Council from the staff of the Ministry of Livestock Development or of any other public institution. 6. Removal from office A member of the Council may— (a) at any time, by notice in writing addressed to the Minister, resign from office; (b) be removed from office if that member— (i) has been absent from three consecutive meetings of the Council without permission of the Chairperson; (ii) is adjudged bankrupt or enters into a composition or scheme of arrangement with his creditors; (iii) is convicted of fraud, forgery, uttering a forged document, or for any offence under the Anti-Corruption and Economic Crimes Act; (iv) is convicted of criminal offence and sentenced to imprisonment for a term exceeding six months, or to a fine exceeding ten thousand shillings; CAP. 359 [Rev. 2012] Hide, Skin and Leather Trade [Subsidiary] [Issue 1] 50 (v) is incapacitated by prolonged physical or mental illness; or (vi) is unable or unfit to discharge the functions of a member of the Council; (c) cease to be a member under rule 8(2). 7. Meetings and procedure of the Council (1) The Council shall meet at least four times in every financial year. (2) Unless three quarters of the members of the Council agree, at least fourteen days written notice of a meeting shall be given to every member. (3) The quorum at the meeting of the Council is seven members of the Council. (4) The Chairperson shall convene and preside at meetings of the Council or in the absence of the Chairperson, by the Vice-chairperson or in both their absence, by a member of the Council elected by the members present from among their number. (5) Matters before the Council shall be decided by a majority of the members present and voting and in the event of equality of votes, the person presiding shall have a casting vote. (6) At the first meeting of the Council, the members shall elect a vice-chairperson, not being an ex officio member, from among themselves. (7) The proceedings of the Council shall not be invalidated by reason of a vacancy among the members. (8) The Council shall cause minutes of all proceedings of the Council to be entered in books kept for that purpose. 8. Disclosure of interest (1) A member of the Council or a person present at the meeting of the Council who has interest in a matter for consideration by the Council shall disclose in writing the nature of that interest and is disqualified from participating in deliberations of the Council in respect of that matter unless the Council decides otherwise. (2) A member who contravenes paragraph (1) ceases to be a member. 9. Allowances Members of the Council shall be paid allowances approved by the Minister in consultation with the Minister responsible for finance.