Enterprise Seychelles Agency Act, 2018 (No. 3 of 2018)

2. Interpretation. PART II - ENTERPRISE SEYCHELLES AGENCY

3. EstablishmentoftheAgency

4. ObjectsofAgency · S. Functions ofAgency

6. EstablishmentofBoardofAgency

7. CompositionofBoardofAgency ·

8. Disqualifications forappointmentto Board

9. TermofofficeofBoardmembers 10.. Vacation ofoffice by Board member

11. Removal and suspensionofmemberofBoard

12. Filling ofVacancies in Board

13. Meetings and procedure of Board

14. Establishment Committees IS. Meetings of Committees

16. Disclosure ofinterest ·PART II-CHIEF EXECUTIVE OFFICER AND STAFF OF AGENCY

17. ChiefExecutiveOfficeroftheAgency

18. Deputy Chief Executive OfficeroftheAgency

19. OtherStaff PART IV - FINANCIAL PROVISIONS ,

20. FundsoftheAgency

21. Accounts ofAgency and audit

22. Annual Report . / (_ •. 0

20 .Supplement to Official Gazette . :[29th May 2018] ;, , , : .' ,_. PARTY.a MISCELLANEOUS , ·

23." PowerofMinisterto give directions.

24. Members and employees to be public servants

25. Privacy ,. , .. , ·. : .

26. Regulations

27. Repeal .'

28. Savingsandtransitional "· ! !. ; '. ,- , . { , __: i f • I • L'-. . ) ' ./ .• ' .r " " .I , .' .. •. -' · [29th May 2018] Supplement to Official Gazette 21 ENTERPRISE SEYCHELLES AGENCY ACT, 2018 (Act 3 of 2018) 1 assent Danny Faure President ·25th May. 2018 AN ACT to provide for the establishment of the Enterprise Seychelles Agency, to provide for Its composition, functions and mandates and provisions for the development and promotion of enterprises and for matters connected therewith ·or Incidental thereto. ENACTED by the President and the National Assembly. PART I - PRELIMINARY . I. This Act may be cited as the Enterprise Seychelles Shon btJc and commencement Agency Act, 2018 and shall come into operation on such date as the Minister may, by notice published in the Gazette, appoint. '• .. · .22 · Supplement to Official Gazette [29th May'2018J

2. InthisAct- ·· · ~ "Agency" means the Enterprise Seychelles Agency established by section3; "Board" means the Board of the Agency referred · to in section 6; \ .. "Business Development Services" meaiis services that improve the performance of the enterprise, its access to markets and its ability to compete; "craftwork" means a product made mainly by hand with or without the use of tools operated directly by the crafts person; "enterprises" means any form of trade or manufacture, construction, assembly, repair, maintenance, craftwork, cultivation of fruits, vegetables or flowers, livestock breeding, or processing or a service related to any micro, small and medium industry or activity approved as such .' 'by the Agency; "manufacture" refers to physical or chemical · transformation ~fresources into new products; I ,. _"Medium Enterprise" means an~nterprise which · has an annual sales turnover above 10 million Seychelles Rupees; but riot exceeding 25 million Seychelles Rupees and not .exceeding 50 employees; .. ' . "member" means; a member of the Board and includes the Ch'airperson and the Vice- Chairperson; "Minister" means the· Minister responsible for Industries; . . [29th May 2018] Supplement to Official Gazette 23 . "Micro Enterprise" means an enterprise which has an annual sales turnover not more than 2 million .Seychelles Rupees and not more than 5 employees; . "service" refers to all services including hotels, restaurants, any profession, Internet Communication Technology, private education, private health, entertainment and business development related services which shall include research, counselling, training, technology transfer, , marketing and business promotion, logistics, warehousing and engineering; · "MSME" means micro, small and medium enterprises; "Small Enterprise" means an enterprise which has an annual sales turnover above 2 million Seychelles Rupees, but not more than 10 million Seychelles Rupees and not more than 15 employees; and "start-up enterprise" means any entrepreneurship venture up to one year from its inception. PART Il - ENTERPRISE SEYCHELLES AGENCY ·3. There is hereby established an Agency to be known EJUblisbmcnt 0 as the Enterprise Seychelles Agency which shall be a body '""' Agency corporate.

4. The objects of the Agency are to iinplement the ObJecu or policies and the strategies of Government relating to the micro, lhc Agency small and medium enterprises and to provide the micro, small and medium enterprises with the necessary services and support. s. The functions of the Agency are- Functions of Agency (a) to manage immovable property belonging to the Agency;. .' r 24 . __ ·:supplement to Official Gazette [29th May 20 I 8) , . " ,: "i • (b) to manage and lease out sales outlets on such . , •r _ • · • ·terms and conditions as may be determined ··' , bytheAgency; ··. · "' ,, , '(c) to .advise the Minister on-pertinent issues 1 .l • affecting MSME;.. .. , . ' , · · (d) to operate a registration scheme for all ~' I ,,, ,.. •• .MSME; 1 • (' • . '· (e) to provide general and specialized Business Development Services to MSME, in order to- .,. (i) · identify challenges to the sustainable development ofMSME and to propose ' ' •r ' .. solutions; . : . . · . ' (ii) ,. provide start-up services to include ' needs analysis,. business and legal ' advice, and aftercare for continuous . . · imp~vement; . ',, ' · (iii) · assist entrepreneurs to plan their . . .business for financial viability; . .' .• .t , • . • -:1.1· . .1 • • ~ (iv) .encourage locally made products for ,. domestic and export markets; . . (v) facilitate programmes and schemes for , ) • 'j ; •• '' f • enterprises; l' t. . : ~· ~ ' (vi) . facilitat~ th~ use of t~hnology and innovation to expedite and 11ccelerate production; (vii) iidvcicate the benefits· of inter- ·, enterprise cooperation through cluster networks and business linkages; ', [29th May 2018] Supplement to Official Gazette 25 (viii) ·promote the importance of intellectual property rights amongst MSME; (ix) encourage the transition from micro to small IQ medium-to-high technology based enterprises; and (x) · promote and develop value addition and semi-~dustrialisation; ( f) to' provide uaining, promotion and marketing services toMSME, in order to- (i) empower specific - and sector-wide MSME to enhance their product output and to assist them with the marketing of their business and products; (ii) support and build on the skills and opportunities that will facilitate the start-up ofenterprises; (iii) encourage enterprise sector interest groups, associations or non- governmental organisations to develop MSME capacity to better assist their target group and ensure the further development of their associations; and (iv) identify and facilitate relevant trade _ fairs and exhibitions for enterprises and encourage and facilitate their involvement; and (g) to consult in collaboration with other - Govemmentalbodiesinorderto-· (i) strengthen the partnership of service providers to support entrepreneurship; 26 · Supplement to Official Gazette '[29th May 2018) . . ,, ·,. ,, . (ii) :. · facilitate . access by entrepreneurs to · , ,·.- raw materials, technology and other products; ''' : (iii) source trammg opportunities from ·- international partners and organisations for the capacity building ofMSME; , ! , . ·~: i' r· , , (iv) . facilitate . international market access · for products ,... '~ and business ' services ; and . '' •, . t' ' ,*' - . (v) promote a gender balanced ... entrepreneurship culture at all levels of ,- ·' the national ' , ,,, ., education ' system. · 1 ~ I : ' t '' r Establishment 6. There shall be a Board of the Agency which shall be of Board of Agency responsible for the management and administration of the operations oftheAgency. Compositioo 7.(1) The.President shall appoint the members of the of Board of Agency Board on such terms and conditions as the President may 'determine. · ·· · - , · , , , • < - • 'I • I j ,• -• ~ • ' • _, (2) The members of the· Board shall consist of the following- ,.. , (a) a re'presentative from, the Ministry ,. ' responsible for lndustrie~; .:. • ' (b) · a representative .of the Entrepreneurship . · ' ' . Centre ofthe Guy More!Institute; ' ' . (c) a representative from the Seychelles Bureau ofStandards; . .. (d) two representatives from the private sector · and one of them representing Praslin and • ·- . Inner Islands; (29th May 2018) · Supplement ta Official Gazette 27 (e) a representative of the association / representing the artisans; and .: (f) a representative of the Seychelles Chamber of Commerce and Industry. . · , (3) The President may appoint a person having sector- specific qualifications and experience in the field of entrepreneurship and business to be the member of the Board under subsection (2)(d). (4) The President shall appoint a Chairperson and a Vice-Chairperson from among the members ofthe Board (5) The Minister shall cause a notice of the names ofthe Chairperson, Vice-Chairperson and members of the Board to be published in the Gazette. (6) . The Vice-Chairperson shall, in the absence of the Chairperson perform all the functions and duties of the Chairperson.

8.(1) A person shall not be appointed as a member of the Disqualifications Boardifheorshe- for appcnntmcnt to Boord (a) is not ordinarily resident in Seychelles; (b) has been adjudged or declared insolvent or bankrupt and has not been discharged; or (c) has been convicted in Seychelles within the period of five years immediately preceding the date of his or her pl'OJ)Qsed appointment in respect of an offence tci a term of imprisonment without the option of a fine, whether or not. any portion has been suspended, or the person has received a free pardon. ••' '.28 ·· Supplement to Official Gazette [29th May 2018] ' I , 9.(1) ·A member of the Board shall hold office for a l Tel'D)j of Office of Boan! period not exceeding 3 years, as the President may determine, members and the member shall be eligible for re-appointment. (2) On the expiry of the term of office, a member shall continue to hold office until his or her successor assumes office: (3) · The Chail])erson, Vice-C.hail])erson and ~ther members of the Board shall be paid such allowances as the President may determine. Vacation of 10. The office of a member shall be deemed to be Office by Boan! vacant- members (a) on the expiry of30 days after he or she gives notice in writing to the President, through the · Minister, of his or her intention to resign, or after such other period of notice as he or she and the Minister may agree; \ (b) on the date he or she is convicted to a term of ,, imprisonment imposed in .or outside Seychelles; (c) ifhe or she becomes disqualified in terms of section 8 to hold office as a member of the . •, . . Board;or · (d) · frhe or she is removed under section_! 1. Rfflloval and '11.(1) ,The President may remove a member of the Board suspension of .fromhisorherofficeiftheinember- member of Boan! . ', (a) has been guilty_ of improper conduct as a member of the Board or guilty ofconduct that is prejudicial to the interest or reputation of theAgency; I [29th May 2018] · Supplement to ()jficial Gazette '29 •. j (b) bas failed to comply with any condition of his or her appointment; ·, . ·. .. · (c) :,. is, mentally or 'physically , incapable of . , , efficiently discharging his or her functions as . !amemberoftheBoard;or - .,, , f i, / , > (.. • ; ' ,- •l r' l -. • I (d) 1,fails to disclose his or her interest specified under section 16. 1·--' ,..~·:J,,r'1,,' ~,-.,.,;_•_,1•'j (-', (2) The·.President; on ,the recommendation ,of.. the Board, may remove a member of the Board if the President is satisfied that the ·member. bas ._been 11bsent without the permission of the Board from three consecutive meetings of the Board, of which the member was giveµ not less than seven days notice, and there was no justification for the member's · absence. , . .· ,· , ·, · ,-• ., · • , r • ~ - • ... •; ~I (3) The President may suspend from office a member of the Board against whom criminal proceedings have been instituted in respect ,of,.an offence punishable with imprisonment only. · 1, .. •• • , .-, • r: .. . _ -. ,

12.(1) ,Where the office of a member becomes vacant Filling of under section I Oor 11, the President may, subject to this part, vacancies in Board appoint a person to fill that vacancy for the unexpired period of thetermofthatmember. ,_,.,· . :r. ,· · ,,.,.·,-,; . (2) .The President shall appoint a person to fill the vacancy within 3 months·after being notified of such vacancy bytheChairpmonoftheBoard.· . . .. . -. -- . , ' , ' - •.,. ' '4. ' . 13 .(I) The Board shall meet at least 4 times in each year at Meetings and · such place and time as may be fixed by the Chairperson. proced= of Board (2) The Board may regulate its own procedure. (3) ' The Chairperson-· 30 Supplement to Official Ga::ette [29th May 2018] . (a) _may convene a special meeting of the Board at any time; mid · . (b) shall, on the written request of the Minister or not less than 4 members of the Board, convene· a special meeting on a date not • - sooner than 7 days and not later than 30 days afterthe receiptoftherequest. (4) The Board shall not transact any business a\ a special meeting under subsection (3) other than-· (a) the business as may be determined· by the Chairperson, where the meeting has been convened under subsection (3 )(a); or (b) the business specified in the request for the meeting, where the meeting has · been convened under subsection (3 )(b). (5) The Chairperson or, in his or her absence, the Vice- Chairperson shall preside at meetings of the Board. (6) In the absence of both the Chairperson and Vice- Chairperson at a meeting of the Board, the members present may elect among themselves one of the members present to preside at that meeting. · (7) · The Chairperson and 4 other members of the Board shall constitute a quorum for any meeting ofthe; Board. . - (8) Any question arising at a meeting ofthe Board shall be decided by a majority of votes of the members, and in the event of an equality of votes, the person presiding at the meeting shall have a casting vote. /" (9) The Chairperson may, with the approval of the Board, invite any person to attend a meeting of the Board, [29th May 2018] ·: Supplement to Official Gazette ·31 where the Chaupc;rsoil considers that the person has special knowledge or experience in any matter to be considered by the Board at that meeting. r:: , ; • j ' L' (. : '. ,-i ' I l I' ., J (10) A person invited to att~nd a meeting of the Board under subsection (9) inay take part in the proceedings of the Board, in so far as they relate to the matter for which he or she was invited, but shall not have a vote on any question before the Board. . :-. • :· · .._. - ---• · · ' ..

14.(1) The Board may,'fortl1e efficient performance of its Eatabltshment functions; establish such committees it considers necessary as of Committees and may vest in the' committees such functions as it considers · appropriate. • - i ' 1 • - - • ' (2) . The vesting of any function in a committee under subsection (I) 'shall not divest the Board of that function and • the Board may amend or rescind ariy decision ofthe committee in the exercise ofthat function. · (3) On the , establishment of a committee under subsection {I}, the Board- . . · .· -, · (a} · shall appoint on the committee at least one member of the Board,· who shall be the • Chairpe~on ofthe committee; and ! •, .' (b) ·mayappointasmembersofthecommittee,on r · such terms and conditions as the Board may - determine, persons who are not members of 'the Board. · ' ," '' • • '...' ' • I ..,j ~ • • f I I ; - . (4) . Section II shall apply; mutatis -mutandis; to a member of a committee established undersub'section (I}. - • ~ - t • •

15.(1) The meetings of any committee of the Board inay Meetinp of ComPUttets be convened at any time and at any place by"the Chairperson of the Board or by the Chairperson ofthe committee concerned. ·, V . . 32 Supplement to Official Gazette · [29thMay2018] . (2) Subject to section 16; the procedure . of the committees ofthe Board shall be determined by the Board. (3) The Board shall cause minutes of proceedings· of, and decisions taken at, the meetings of the Board and its committees to be ~tered in books kept for that purpose. ' (4) Any minutes referred to in subsection t3) which · purport to be signed by the Chairperson of the meeting to which the minutes relate or by the Chairperson. of the next following meeting at the Board or the committee, as the case may be, shall be accepted for all purposes as prima facie evidence of the proceedings of and decisions taken. at that meeting. Disclosure 16.(1) A member of the Board who has any interest in any • orlntemt contract, application or other transaction for consideration by the Board shall disclose in writing the nature of that interest and shall not participate in any deliberation ofthe Board on that matter. (2) A member who fails to comply with subsection (I) mayberemovedundersection IL PART m- CHIEF EXECUTIVE OFFICER AND . STAFF OF AGENCY Chier 17.(1) The Presid~nt, may appoint a Cliief Executive Exec:utive Officer of the Agency on the recommendation of the Officer or !he Agency Board. (2) A person may not be, appointed as the Chief · Executive Officer or hold office as such, ifhe or she would be disqualified to be appointed as a member of the Board under section 8, or required to vacate office as a member ofthe Board }llldersection 11, had those sections applied to him or her. . . (3) The term of office, salary and allowances of the Chief Executive Officer shall be such as may be determined by the President. · [29th May 2018] .·-Supplement to Official Gazette 33 ·. ·, ·., (4)' The Chief Executive Officer shall be an ex officio member ofthe Board.· , i ··" •l ; ;, . · :: ' .Al :l 0, •, t ~ 1: f ( • d •" t ... .. ,(5) Subject to th; contrbl "of the Board, the Chief Executive Officer shall- · . ·- ',•J·~::~: .~ .'(a) . be 1responsiblb' fot the'implementation of the . · decisions of the · Board and for the , •, ' . inaiiagemerit·'of·Thd affairs;-'" funcls' 1and ' ' , _! c, property ofthe.Agency; , • ,,,,._,·, .;~,!~d:..: .,_, ' M :• ' • ,_.,1· ~ ~,·,· '"':' ~· <• ., <' (b) _exercise general authority over the conduct · ·" and discipline of the staffofthe Agen~ and 1 ·, • .,.,),", _,--1'"" ;.,. .,'~,- . , '_i ~,"Tl';' ,' I'.•. ', •l • I •' • ~ ._, f .... · , \ "• 1 '• • • , ' ' • (c) perform such other functions of the Agency as the _Board may assign to him or her. -;: /1,.-·, 1,·:~(f i: '.J~.. .,,,. . 1 .. ") ,-_:/'. .' · . (6) The Chief Executive Officer may delegate any of his or her functions to the DeputyChiefExecutiveOfficer.,' . (7) :The Chief Executive Officer shall submit to the Board report's in regards to the· operations/undertakings and activities ofthe Agency. · ! ,, , _, ·_.- r :,;'~ ;f<I " - I. ,. ! ' . .,

18.(1) The President may appoint a Deputy Chief DcpUly Executive OfficeroftheAgencyon the recommendation ofthe · gi!m,. Bard ~=~ O • , ,, • : J : ' ,1 .'. !heAgency • I • • ' .. 1 (2) The term of office, salary and allowances of the Deputy Chief Executive· Officer shall be such as may be determined bythe President. · ·I , •' I 1' J . . '. ,- , (3) The Deputy ChiefExecutive Officermaydiscbarge the functions oftlie ChiefExecutive Officer- .' (a) a during vacancy in the office of the Chief Executive Officer; · .' 34 Supplement to Official Gazette [29th May 2018) (b) during any period in which the Chief Executive Officer is absent from duty for any reason or is unable to perform the functions of that office; and (c) perform such other functions as the Chief Executive Officer may delegate to him or her l Otheratalf , 19.(1) The Chief Executive Officer may employ such number ofpersons, with the approval of the Board, as he or she considers necessary to cany out the functions ofthe Agency. (2) Subject .to the approval of the Board the Chief Executi~e Officer may determine the terms and conditions of service ofa person employed under . . subsection . (I). PART IV - FINANCIAL PROVISIONS Funds of 20.(1) ThefundsoftheAgencyshallconsistof- die Agency (a) . the moneys appropriated by the National Assembly for the purposes ofthis Act; (b) the moneys accruing to the Agency from its operations including the fees and charges .. -received by the Agency; (c) the moneys, from time to time, received by the Agency with the approval of the Minister byway ofdonatiol!ll and grants; (d) such money that may be raised with the approval of the Minister and the Minister responsible ~or Finance; and (e) any other moneys that may vest in or accrue to the Agency, whether in the course of its operations or otherwise. . . [29th May 2018] Supplement to Official Gazette 35 ' •' · (2), Thefi.indsoftheAgencyshallbeappliedfor-· ; · · • ', ;• ' 1_ ,_ : ; I f: - -f I , • , -. , ,1 1 • (a) · the payment or discharge of expenses of the Agency; · ' ' · ·, · ' . :- l - - I -,, , , . (b) the payment of remuneration to members of 'the Board and officers and other staff of the Agency;and '(:·,·i· -, _- ' ' _. '· :•.' ~'~ .. '1,, '.. (cf. anyotherexpensesasmaybeapprovedbythe Board . ; ·1 ' , ") •• • .. r· ·,

21.(1)",The 'financial year of·the Ag~cy shall be the Accounts of calendaryear. .: , · · ·' ', :·'.·, · , .. · · Ag,ncy and ' . '' :, ' 1·1,, '.: / : • j'' ' - • \ , •' - audit (2) The Agency shall maintain proper accounts and other records and prepare a statement of accounts iri the form and manner approved bytheAuditor-General., ' , • I ; ~ ! • ' , , • , , ,, ~,... -•, / f, t - T < (3) , The Board shall. within 3 months from the end or' each financial year; prepare and submit to the Minister a statement. of accounts and its activities. in respeci of that financial yearo'r in respect of such other period as the Minister· may direct , , , .. : ·; 1 . •,, ' : ,. . , r .; I ' (4) The accoimti;of the Agency shall be audited by the Auditor-General fo. accordance. with Article 158 .of the Constitution. ,· · · . ' ' (5) Where the· accounts _and 'statement of accounts. of the Agency in respect'ofa fmancial year have been audited, tlie Agency shall furnish, riot'later than 3 months after.the end of the financial year, to the Minister.and the Minister responsible for finance, a copy of the statement together with a copy of any report by the Auditor-General on the statement of accounts or on the accounts oftheAgency. ·

22.(1) · The Agency shall, as socio as·possible after the Annual expiration of each Financial year and in any event not later than rq,ort 36 Supplement to Official Gazette [29th May 2018] the 31st of March in any year, submit to the Minister, and the Minister responsible for Finance, an annual report dealing generally with the administration and its activities during the preceding financial year and the Minister shall cause the report to be laid before the National Assembly. PART V - MISCELLANEOUS· Power of 23. The Minister may give directions of policy to the Mmisterto give dlnlttions Agency in regard to the discharge of its functions and the to Board Agency shall comply with such.directions. Membcnand 24.(l) The Members of the Board imd the· officers and employees to be public employees of the Agency shall be deemed to be employed in l<TVants the public service and sections 91 to 95 of the Penal Code shall apply to them. (2) Any suit or other legal proceedings shall not lie against the Agency, any member of the Board, officers or employees of the Agency in respect of an act done or intended to be done in good faith in the discharge of any function pursuantto this Act. · Privacy 25. Any person who discloses any information acquired by him or her in the performance of any functions under this Act, commits an offence and shall upon conviction be liable to a fine not exceeding SCR20,000. ' . Regulabons · 26. The Minister may make regulations to provide for all matters which, by or under this Act are required or permitted to be prescribed or necessary to be provided to carry out or to give effect to the provisions of this Act. Repeal 27. The Small Enterprise Promotion Agency Act (Cap 324) is hereby repealed. Savings and 28.(1) Upon the commencement of this Act all movable trms1nonal property, assets, rights, interest and privileges vested in the ·-----~--- , [29th May 2018] Supplement to Official Gazette 37 Small Enterprise Promotion Agency ~der the repealed Act shall stand transferred to and vested~ the Agency. (2) All liabilities and obligations incurred by the Small Enterprise Promotion Agency prior to the commencement of this Act, shall be deemed to have been incurred by the Agency. (3) All Regulations made, directions issued and notifications made under the repealed Act shall continue to be in effect until they are repealed or amended under the provisions ofthisAct. ' . (4) All officers and other employees of the Small Enterprise Promotion Agency employed prior to the commencement of this Act shall be deemed to be officers and employees of the Agency on employment conditions no less favourable than those subsisting immediately prior to the commencement ofthis Act. · ,_ (5) Any contract or agreement executed by the Small Enterprise Promotion Agency prior to the commencement of this Act shall continue to have effect in accordance with its terms as ifit was originally . made by theAgencyunderthisAct. . I certify that this is a correct copy of the Bill which was passed by the National Assembly on 24thApril, 2018. Ms. Jutta Alexis Clerk to the National Assembly