HUMAN EMPLOYMENT AND RESOURCE TRAINING ACT

ARRANGEMENT OF SECTIONS

   1   Short title

 

Preliminary

   2   Interpretation

 

The HEART Trust

   3   Establishment of HEART Trust

   4   Functions of the Trust

   5   Establishment of Board of Directors

   6   Power of Minister to issue general directions on matters of policy

   7   Resources of the Trust

   8   [Deleted by Act 28 of 2003 s 2.]

   9   Recovery of debts

   10   Borrowing powers

   11   Power of Minister to guarantee loans to Trust

 

Contributions

   12   Source of funds

   13   Relief for emoluments paid to trainees

   14   Treatment of employer's contributions for purpose of income tax

   15   General regulations as to payment and collection of contribution, etc

   16   Power of Minister to remit contribution

 

General

   17   Register of trainees

   18   Eligibility for selection as a trainee

   19   Designation of inspectors

   20   Power of inspectors

   21   Interest payable on overdue contribution

   22   Proceedings against inspectors under this Act

   23   Power to conduct proceedings

   24   Offences and penalties

   24A   Designation of responsible officer by companies.

   25   Regulations

      SCHEDULES

 

THE HUMAN EMPLOYMENT AND RESOURCE TRAINING ACT

[Date of Commencement: 1st September, 1982]

Acts
13 of 1982,
8 of 1986,
3 of 1989,
26 of 1994,
12 of 1998,
28 of 2003.

LNs
9D/1993,
165/1999.

1   Short title

   This Act may be cited as the Human Employment and Resource Training Act.

Preliminary (section 2)

2   Interpretation

   In this Act-

   "appointed day" means, subject to the provisions of any regulations, the 1st day of September, 1982;

   "approved employment" means employment approved by the Minister in respect of a trainee;

   "the Board" means the Board of Directors of the Trust;

   "Chairman" means the Chairman of the Board or any person for the time being performing the functions of the Chairman;

   "Commissioner" means the Commissioner of Inland Revenue;

[LN 165/1999.]

   "contribution" means a contribution payable pursuant to this Act;

   "contribution year" means-

   (a)   the period of 52 weeks beginning with the appointed day;

   (b)   any subsequent period of 52 or 53 weeks, as the case may be, commencing on the Monday of the week in which the anniversary of the appointed day occurs and ending with the Sunday immediately before the Monday of the week in which the next anniversary of the appointed day occurs;

   "emoluments" means any emoluments assessable to income tax pursuant to paragraph (c) of section 5 of the Income Tax Act (other than allowances payable in respect of past services in any office or employment of profit and such other categories of emoluments as may be prescribed) being emoluments from which income tax is deductible pursuant to the Income Tax (Employment) Regulations, whether or not tax in fact falls to be deducted therefrom;

   "employer" means any person paying emoluments, whether on his own account or on behalf of another person;

   "employee" means any person in receipt of emoluments;

   "functions" includes powers and duties;

   "income tax" means income tax payable pursuant to the Income Tax Act;

   "inspector'' means an officer designated as such pursuant to section 19;

   "trainee" means any person who is selected for training pursuant to section 18;

   "wages" includes salary or any other remuneration.

The HEART Trust (sections 3-11)

3   Establishment of HEART Trust

   (1) For the purposes of this Act there shall be established a body to be known as the Human Employment and Resource Training Trust (hereinafter referred to as "the Trust'' or "the HEART Trust") which shall be a body corporate to which section 28 of the Interpretation Act shall apply.

   (2) The Trust shall establish a Fund (hereinafter referred to as "the HEART Fund") for the purposes of this Act.

   (3) The provisions of the First Schedule shall have effect as to the constitution of the Trust and otherwise in relation thereto.

4   Functions of the Trust

   (1) The functions of the Trust shall be-

   (a)   to develop, encourage, monitor and provide finance for, training schemes for employment of trainees;

   (b)   to provide employment opportunities for trainees;

   (c)   to direct or assist in the placement of persons seeking employment in Jamaica;

   (d)   to promote employment projects;

   (e)   to ensure that there is in the Island an adequate number of persons trained for employment in the technical and vocational fields;

[26/1994 s 3.]

   (f)   to take such steps as it considers necessary to establish. and maintain high standards in technical and vocational education and training;

[26/1994 s 3.]

   (g)   to co-operate with other organisations and bodies in matters relating to technical and vocational education and training;

[26/1994 s 3.]

   (h)   to approve and certify courses to be pursued by persons desirous of obtaining technical and vocational education and training;

[26/1994 s 3.]

   (i)   to certify persons as instructors in the field of technical and vocational education and training;

[26/1994 s 3.]

   (j)   to approve and accredit institutions offering technical and vocational education and training and to keep a register of all institutions;

[26/1994 s 3.]

   (k)   to institute, review and maintain a system of assessments in relation to persons trained in the technical and vocational fields;

[26/1994 s 3.]

   (l)   to grant certificates and other awards or distinctions and to make reports on persons who are assessed pursuant to paragraph (k);

[26/1994 s 3.]

   (m)   to deprive persons for cause of any certificates, awards or other distinctions granted by the Trust;

[26/1994 s 3.]

   (n)   to appoint such committees as the Trust thinks fit, consisting wholly or partly of members of the Trust to-

[26/1994 s 3.]

         (i)   undertake research or assist persons in undertaking research into matters relating to technical and vocational education and training;

         (ii)   advise the Trust on all aspects of technical and vocational education and training;

         (iii)   apply or make arrangements for tests and other methods of ascertaining standards of efficiency to be achieved by trainees.

   (2) In the exercise of its functions the Trust shall have power-

   (a)   to provide finance for employment projects promoted or sponsored by the Trust;

   (b)   to administer and invest the moneys of the Trust;

   (c)   to enter into arrangements with such bodies as it thinks suitable with regard to the establishment, implementation, monitoring and financing of training or employment programmes;

   (d)   to furnish, on such terms as may be agreed, equipment and finance to persons who, after training pursuant to this Act, require assistance in establishing a trade or business on their own account;

   (e)   to receive and administer funds donated or entrusted to the Trust by any agency or organisation for any purpose relating to the training or employment of persons;

   (f)   to make refunds of contributions on such terms and conditions as may be prescribed; and

   (g)   to do such other things as may be necessary or expedient for or in connection with the proper performance of its functions under this Act.

5   Establishment of Board of directors

   (1) For the purposes of this Act there shall be established a Board of Directors which shall be responsible for the policy and general administration of the affairs of the Trust.

   (2) The provisions of the Second Schedule shall have effect as to the constitution of the Board and otherwise in relation thereto.

6   Power of Minister to issue general directions on matters of policy

   The Minister may, after consultation with the Chairman, give to the Board such directions of a general character as to the policy to be followed by the Board in the performance of its functions as appear to the Minister to be necessary, and the Board shall give effect thereto.

7   Resources of the Trust

   (1) The resources of the Trust shall comprise-

   (a)   all contributions and any interest thereon payable by virtue of the provisions of this Act by employers;

   (b)   all other moneys and other property which may in any manner become payable to or vested in the Trust;

   (c)   all investment or other income derived from the assets of the Trust;

   (d)   such sums as may from time to time be appropriated by Parliament for the purposes of the Trust.

   (2) The funds of the Trust, save in so far as they may be invested or utilised pursuant to this Act, shall be held by the Bank of Jamaica or any bank approved by the Board in which public funds may lawfully be deposited.

8   [Deleted by Act 28 of 2003 s 2.]

9   Recovery of debts

   Without prejudice to any other method of recovery, all debts due to the Trust may be recovered without limit of amount, in a Resident Magistrate's Court as a civil debt.

10   Borrowing powers

   (1) Subject to the provisions of subsection (2), the Trust may borrow such sums as may be required by it for discharging any of its functions.

   (2) The power of the Trust to borrow shall, as to amount, as to the source of borrowing, and as to the terms on which the borrowing may be effected, be exercisable only with the approval of the Minister responsible for finance, and any such approval may be either general or limited to a particular borrowing or otherwise, and may be either conditional or subject to conditions.

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[26/1994 s 5.]

   (3) In this section "borrow" includes obtaining advances.

11   Power of Minister to guarantee loans Trust

   (1) With the approval of the House of Representatives signified by resolution, the Minister responsible for finance may guarantee, in such manner and on such conditions as he may think fit, the repayment of the principal and the payment of interest and charges on any authorised borrowings of the Trust.

[26/1994 s 6.]

   (2) Where the Minister responsible for finance is satisfied that there has been default in the repayment of any principal moneys guaranteed under the provisions of this section or in the payment of interest or charges so guaranteed he shall direct the repayment or, as the case may be, the payment, out of the Consolidated Fund of the amount in respect of which there has been such default and any such repayment or payment shall be a charge on the Consolidated Fund.

[26/1994 s 6.]

   (3) The Trust shall make to the Accountant-General, at such times and in such manner as the Minister responsible for finance may direct, payments of such amounts as may be so directed in or towards repayment of any sums issued in fulfilment of any guarantee under this section, and payments of interest on what is outstanding for the time being in respect of any sums so issued at such rate as the Minister responsible for finance may direct, and different rates of interest may be directed as respects different sums and as respects interest for different periods.

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