T.C.
TARIM ve KÖYİŞLERİ BAKANLIĞI
Koruma ve Kontrol Genel Müdürlüğü
Decree Having the Force of Law on Establishment and Duties of the Ministry of Agriculture and Rural Affair
The Official Gazette: 09.08.1991- 20955
Authorization Law:3755
Decree No: KHK/441
PART I
Objective, Tasks and Organization
Objective
Article 1: The objective of this Decree Having the Force of Law is to ensure the improvement of agriculture and animal husbandry and the development of villages, in parallel with development plans and programmes and to determine the principles related to the establishment, tasks and organization of the Ministry of Agriculture and Rural Affairs in order to be able to implement social and financial public services and the services related to the infrastructural facilities in its task field.
Tasks
Article 2: The tasks of the Ministry of Agriculture and Rural Affairs are as follows:
a) In parallel with the development plans and programmes, to help policy determination to develop rural areas and to improve agriculture, animal husbandry and fisheries; to implement the plans and programmes in its field of activity; and to build infrastructure facilities for development of the agricultural sector and the rural areas as a whole and have such activities done;
b) In line with the necessities of development and progressive demands, to conduct research, studies, plans, programmes and projects to protect and develop production, consumption and input necessities and soil, water, plants, animals and similar natural resources and have such activities done;
c) To help the farmer in organizing the services related to supply, procurement and distribution of the agricultural loans and other inputs used; to perform studies on agricultural products support policies; to aid farmers harmed in natural disasters within the framework of the principles specified in its special legislation;
d) To establish the control systems and institutions necessary to provide and arrange the production, protection, marketing and processing of food and other agricultural and animal products in compliance with the quality principles and standards; to operate such control systems and institutions; and to help the farmer in organization such matters;
e) To meet the road, water, sewerage, electricity, housing necessities of rural settlement units; to develop the policies that will provide economic and social facilities, healthy and modern physical settlement opportunities for such units; consolidation of agricultural land; and to conduct research, inventories, plans and projects; and to have such activities done;
f) To perform required studies to provide the healthy nutrition of the public and to meet the consumption demands of the public; to implement incentives to increase the plant (crop) production and efficiency in animal husbandry in order to improve exportation; and to diversify production;
g) To perform research on agriculture and animal husbandry; to establish and operate the station facilities, institutions, laboratories and similar facilities for improvement, testing, production, product processing; to help the private sector that demand to establish and operate such facilities; to issue the necessary permissions within the framework of the legislation;
h) In order to encourage farmer families to adopt efficient and useful agricultural knowledge and to spread information, to prepare and implement agricultural publication and education system programmes and projects; to take measures to train farmer women and daughters about home economy and their children and youth about technical and practical farming to; to conduct applications; to bring up model farmers; to establish all kinds of training center facilities for publication and education on agriculture; to organize courses and train technicians in these fields; to cooperate with the Ministry of Agriculture and related institutions;
i) To cooperate with related institutions to protect the movable or real possessions of the farmers in accordance with the to special laws; to identify the land to be allocated for non-agricultural uses and to establish coordination with related state departments in order to permit the use of such land; to protect, the infrastructure facilities of wild pistachio yards, olive groves, carob yards, lands covered with heath or maquis, meadows and pastures, which are under private possession or the judgment and disposal of the government; and in compliance with the efficiency principle to improve, establish and restore these facilities.
j) To make research on food; to establish pilot plants; to help in food control; to prepare and implement the Turkish Food Codex in cooperation with other institutions; to control the compliance of the products of the food and feed industries with specified principles; to conduct the duties assigned by the Feed Law no. 1734; to execute feed registry and control services;
k) To control diseases, pests and weeds in plants and their products or to have them controlled against and to conduct research on these subjects; to prepare plant protection and agricultural quarantine plans, annual implementation programmes and projects; to take measures to prevent spreading of diseases and pests; to control the plant products imported or exported with respect to diseases and pests; to determine, announce and implement internal and external quarantine measures and the principles of restriction and prohibition and control such implementations; to train farmers on pests and to warn them against hazards; to plan and implement State protection against epidemics and pests that can not be prevented by the farmers’ means; to ensure and control the execution of the provisions of Law no. 6968;
l) To determine the principles of import, production, sale and usage of the machines for plant protection; to have such principles implemented; and to make the necessary inspections and controls in order to ensure that such protection products are used without giving any harm to humans, animals and the environment;
m) To determine the principles of the requirements and measures related to diagnosis and treatment of, and protection from all kinds of epidemic and parasitic diseases that damage animal health and from diseases that are transmitted from animals to humans; to conduct the necessary treatments of such diseases; to establish and let others establish the necessary institutions; to determine and announce the requirements of internal and external quarantine and have them implemented; to monitor animal movements; to conduct health controls in animal parks, markets, fairs and exhibitions; to open slaughterhouses; and when necessary, to take restrictive and banning measures and conducts controls using other methods;
n) To control animal shelters (stables and barns) and establishments with respect to health; to control veterinary services in slaughterhouses and processing establishments; to control the work of private veterinarians and animal hospitals;
o) To produce the vaccines, sera, biological and chemical substances, veterinary drugs and the active and complementary substances; within composition of them which are used for animal diseases, to give the permission for the production of these substances to determine the norms, properties and the requirements for production, preparation, sale, importation, transportation and storage of such substances; to control the production and sale of such substances to ban their production and sale partially or completely; to conduct the necessary research, and to establish required institutions or to allow the establishment these institutions, factories and stations for meeting such services;
p) To conduct research on veterinary subjects; to provide publication services for farmers on animal diseases and treatments; to open the necessary schools and facilities for and to bring up veterinary health and laboratory technicians;
r) In order to increase the efficiency and production of animals, to implement and develop natural and artificial insemination and embryo transfer techniques and prepare, implement programmes and have such techniques and programmes implemented; to encourage farmers to set up modern animal husbandry establishments and to provide the necessary support to them; to inspect the projects, the financing of which is related with the Ministry of Agriculture and Rural Affairs; to conduct research, training and publishing services on animal husbandry and management; to organize the animal herd book system;
s) To conduct the related tasks assigned by the Fisheries Law and have them conducted;
t) To ensure that agricultural land are used in accordance with their objectives and are controlled; and to cooperate with related institutions.
Organization
Article 3 – The organization of the Ministry of Agriculture and Rural Affairs comprise the central and rural organs, the organization for international relations for international relations and the affiliated and related institutions.
PART II
The Central Organization of the Ministry
Central Organization
Article 4 – The Central Organization of the Ministry consists of the main service units, consultancy and control units and the supporting units.
The Central Organization of the Ministry is shown in the annexed table.
SECTION 1
The Ministerial Organization
The Minister
Article 5 – The Ministry is the highest authority of the Ministerial organization. The duty of the Ministry is to execute the Ministerial services in compliance with the legislation, general policy, national security policy, development plans and annual programmes of the government; and to ensure cooperation and coordination with the other Ministries in subjects that are within its activity field. He renders account to the Prime Minister.
The Minister is responsible for the activities and procedures in its jurisdiction and is responsible of and authorized to control the activities, procedures and accounting of the Central and Rural Ministerial Organization, the affiliated, related organs and the foreign affairs organization.
Undersecretary
Article 6 – The Undersecretary is under the Minister’s service and is the Minister’s associate. The Undersecretary organizes and executes the Ministerial services on behalf of the Minister according to the directives and orders of the Minister and in compliance with the objectives and policies of the Ministry, development plans and legislative provisions. To this end, the Undersecretary gives the necessary orders to all the Ministerial units and institutions, except the Ministerial Inspection Board, and ensures and monitors the implementation of such orders.
The Undersecretary is answerable to the Minister in execution of the services specified above.
Vice-Undersecretaries
Article 7 – Four Vice-Undersecretaries may be appointed to serve as deputy to the Undersecretary.
SECTION 2
Main Service Units
Main Service Units
Article 8 – The main service units of the Ministry of Agriculture and Rural Affairs are as follows:
a) The General Directorate of Agricultural Production and Improvement
b) The General Directorate of Protection and Control
c) The General Directorate of Organization and Support
d) The General Directorate of Agricultural Research
e) Foreign Affairs and European Community Coordination Department Head Office
The General Directorate of Agricultural Production and Improvement
Article 9 – The tasks of the General Directorate of Agricultural Production and Improvement are as follows:
a) To prepare discrete and integrated agricultural and rural development projects; to conduct the necessary arrangements for the implementation and evaluation of such projects by the rural institutions;
b) In accordance with the programmes and master projects prepared by the Research, Planning and Coordination Board, to prepare projects about to using in the best way the plant, animal and fisheries production resources the best way, increasing efficiency, diversifying the products and improving the quality; to suggest proposals to the Ministerial Office on establishment of the necessary facilities; such as product processing, cleaning, station, establishment, laboratory etc.; to support the establishment of such facilities and provide technical assistance;
c) With the objective to ensure improvement of animal husbandry and fisheries products and to direct such efforts, to have implementation projects done and to aid in establishing a herd book system;
d) To assist in taking such measures ensuring the supply and allocation of all kinds of seeds and other propagation materials, seedling, saplings, fertilizer, services, machines, equipment and other inputs; and to this end, to cooperate with and ensure coordination among related organizations depending on technical and economical necessities;
e) To supply the necessary materials, machines, equipment and vehicles for rural organs in case of conditions that are beyond the authority of these organs;
f) To prepare the necessary projects and programmes to improve, build and restore the infrastructure facilities of wild pistachio yards, olive groves, mastic tree yards, carob yards, lands covered with heath or meadows and pastures; and have such projects prepared;
g) To conduct similar tasks assigned by the Ministry.
The General Directorate of Protection and Control
Article 10 - The tasks of the General Directorate of Protection and Control are as follows:
a) To determine the basic rules and principles of using of agricultural land in compliance with their objectives; to cooperate with related non-Ministerial organs and institutions on this subject.
b) To prepare programmes and projects for plant protection and animal diseases and pests and have such programmes prepared; to arrange and coordinate the tasks assigned by the Law on Plant Protection and Agricultural Quarantine no. 6968; to specify, announce and control internal and external quarantine principles in order to protect the livestock with respect to animal health; to conduct the analysis that will determine the exportation and importation norms and characteristics of all kinds of biological and chemical substances such as treatment and protective drugs, vaccines and sera and their active and supplementary materials; to specify and announce the requirements for production manufacture, preparation, sale, transportation and storage of such materials; to determine the basic principles about production and sale of such materials; and to help the rural organization in implementing these items;
c) To specify, announce and control the implementation of the basic principles and criteria for food standards and quality control services; to prepare the Turkish Food Codex; to control the implementation of mandatory standards; to specify, announce and control the implementation of control and arrangement principles related to inputs such as seeds, saplings, seedlings and the like given under related legislation;
d) To cooperate with related institutions to provide aid to farmers faced with damage due to natural disasters according to special laws and protect farmers’ movable or real possessions, natural plantation areas such as planted, sown and pasture areas in agricultural land, and the products from such areas; and to help such efforts;
f) To determine the principles of fishing and to conduct the tasks specified in the related articles of the Fisheries Law;
g) To conduct the tasks assigned by the Ministry.
The General Directorate of Organization and Support
Article 11 - The tasks of the General Directorate of Organization and Support are as follows:
a) To specify the foundation principles of unions, partnerships, revolving fund establishments and the, judicial establishments for agricultural irrigation, land preservation and land improvement, plant and animal breeding and other agricultural activities; to set up partnerships between revolving fund establishments and the units, companies and establishments dealing with such work; to help rural organs and institutions; and to organize similar activities on behalf of and in the name of the Ministry;
b) In order to promote and develop the cooperatives within the task field of the Ministry; to give permission to establish cooperatives and superior organizations; to have surveys and projects prepared and when necessary, to make surveys and projects; to help in operating the establishments belonging to cooperatives; to provide technical and financial aid; and to control the related cooperatives through inspectors with respect to their administration, financial status and legal status when necessary;
c) To ensure that the funds allocated for realization of the above mentioned tasks;
d) In order to improve employment opportunities in villages within the framework of a project, to take the necessary measures to facilitate the improvement, spread and publicizing hand crafts and marketing hand craft products; and to help the rural organization in such matters;
e) To conduct all kinds of research, programming, planning, documentation and education services that will help determination of the policies and principles forming the basis of improvement of cooperatives and implementation of the necessary arrangements;
f) To publish useful information related to agriculture; to implement training programmes and projects in order to bring up model farmers; in order to bring up technical and practicing farmers, skilled workman, gardeners, and technicians to open new schools in cooperation with the Ministry of National Education, training centers and courses; have them opened; to award the successful ones; and to help the rural institutions and organs;
g) To conduct research and implementations concerning marketing of agricultural products, organizing and administrating producers;
h) To help to support the organizing efforts of national and international farmers’ institutions, professional chambers, education and training establishments, foundations and similar institutions and establishments and to provide the necessary cooperation and coordination;
i) To conduct the tasks assigned by the Ministry.
The General Directorate of Agricultural Research
Article 12 - The tasks of the General Directorate of Agricultural Research are as follows:
a) To conduct all kinds of research on matters concerning agriculture and animal husbandry;
b) To specify food standards and quality criteria; to establish new facilities and make research on matters concerning food;
c) To conduct research on matters concerning diseases in plants and plant products, pests and weed;
d) To determine the norms and characteristics of biological and chemical substances, vaccines, sera and protection drugs and their active and supplementary materials, used in animal diseases; and to conduct research to realize such services;
e) With the objective to ensure improvement of animal husbandry and fisheries products and to direct such efforts, to have implementation projects done and to have them done;
f) To conduct research on matters concerning the veterinary discipline.
The Foreign Affairs and European Community Coordination Department Head Office
Article 13 - The tasks of the Foreign Affairs and European Community Coordination Department Head Office are as follows:
a) To maintain relationships with foreign countries and institutions on matters within the scope of the Ministerial tasks and activities, within the framework of the provisions of the Law no. 1173;
b) To ensure rapid, organized, effective and efficient Ministerial services in the relationships with the European Community and to take the necessary measures;
c) To conduct similar tasks assigned by the Ministry.
SECTION 3
Consultancy and Inspection Units
Consultancy and Inspection Units
Article 14 – The Consultancy and Inspection Units of the Ministry of Agriculture and Rural Affairs are as follows:
a) The Inspection Board Head Office
b) The Research, Planning and Coordination Board Head Office
c) The Legal Consultancy Office
d) The Ministerial Consultants
e) The Press and Public Relations Consultancy Office
The Inspection Board Head Office
Article 15 - The Inspection Board Head Office conducts the following tasks, upon the Minister’s order or approval:
a) To perform all inspection, control and inquiry work for all kinds of activities and processes of the Ministerial Organization and the organs affiliated and connected to the Ministry;
b) To prepare and submit to the Minister the necessary proposals to ensure that the Ministry operates in compliance with the legislations, plans and programmes and to improve the objectives of the Ministry;
c) To conduct similar tasks assigned to it by special laws and by the Minister.
Particulars concerning working methods and principles of the Inspection Board, employment and training as deputy inspector and other matters are arranged by by-law Tüzük karşılığı konulacak.
The Research, Planning and Coordination Board Head Office
Article 16 - The tasks of the Research, Planning and Coordination Board Head Office are as follows:
a) To conduct studies on statistics and inventories;
b) To develop agricultural and rural development strategies and policies; to determine the services and measures and the basic policies, which are decided to be included as priority issues in long term plans, in development plans and annual plans and to send these to the State Planning Organization after the approval of the Ministry;
c) To prepare the targets, plans and annual plans on agricultural and rural development or have them prepared; to prepare integrated agricultural and rural development projects or have them prepared using technical and financial principles; and to make the necessary arrangements for this purpose;
d) To prepare the Ministerial budget; to ensure monitoring, control, evaluation and coordination of the budget and the programme of the Ministerial activities;
e) To determine the work principles for the Ministry to fulfill the tasks assigned by the country programme, development plans, annual programmes, the decisions of the Council of Ministers and the tasks and orders given within the framework of the national security policy; and to help the preparation of the main services policy and work programmes of the Ministry in compliance with these work principles;
f) To prepare drafts for laws, by-laws and regulations in cooperation with the Legal Consultancy Office; and to determine the Ministerial opinion on draft laws, by-laws and regulations coming from other Ministries and institutions;
g) To ensure coordination in Ministerial services and activities related to foreign capital projects and programmes;
h) To assist in the determination of product estimates, support prices and other incentive issues that will help directing production and conduct the necessary studies;
i) To conduct studies on loan necessity, placement and implementation; and to cooperate with the related institutions and organs in such implementation;
j) To determine the necessary measures to specify and realize the basic food stocks of the country in extraordinary situations;
k) Examining all kinds of proposals and requests sent to the Ministry, to conduct studies to distribute the Ministerial opportunities and sources between the main service units and the affiliated and connected institutions and organs, to service within the framework of a common plan and programme and to prevent wasteful expenditure of equipment, instruments, buildings and personnel;
l) To conduct similar tasks assigned by the Ministry.
The Legal Consultancy Office
Article 17 – The tasks of the Legal Consultancy Office are as follows:
a) To give opinion to the other units of the Ministry on legal matters and procedures that may result in legal, financial and penal consequences;
b) To take the legal measures that will prevent disputes and protect the interests (rights) of the Ministry in due time and to assist in making agreements and contracts in compliance with these principles;
c) In compliance with the provisions of the Law, dated 8 January 1943 and no. 4353, to prepare the necessary information in juridical and administrative lawsuits and to represent the Ministry in administrative lawsuits which do not concern the Treasury;
d) In order to better realize the objectives of the Ministry and to ensure that the works are in compliance with the legislation, plans and programmes, to prepare the necessary legal proposals and submit them to the Minister;
e) To examine the draft laws, by-laws and regulations prepared by the Ministerial organs or coming from other Ministries from a legal perspective and to provide opinion to help the opinion to be formed by the Research, Planning and Coordination Board Head Office;
g) To conduct similar tasks assigned by the Ministry.
The Ministerial Consultants
Article 18 –30 Ministerial Consultants may be assigned to help the Minister in matters of special importance and priority. The Ministerial Consultants are under the authority of the Minister.
The Press and Public Relations Consultancy Office
Article 19 – A Press and Public Relations Consultancy Office may be established in the Ministry to arrange the activities about relationships with the press and the public and to ensure that such activities are conducted in compliance with specified methods and principles.
SECTION 4
Auxiliary Units
Auxiliary Units
Article 20 – The auxiliary units in the Ministry of Agriculture and Rural Affairs are as follows:
a) The General Directorate of Personnel
b) The Administrative and Financial Affairs Department Head Office
c) Publication Department Head Office
d) Defense Secretariat
e) Private Secretariat of the Minister
The General Directorate of Personnel
Article 21 – The tasks of the General Directorate of Personnel are as follows:
a) To conduct studies related to manpower planning and personnel (staffing) policy of the Ministry; and to submit proposals on improvement of the personnel system;
b) To conduct the procedures about the assignment, retirement and other specific matters of the staff.
c) To prepare training plans; to organize and implement pre-service ( hizmetiçi ) and in-service ( hizmetiçi ) training programmes;
d) To conduct the procedures related to collective work agreements;
e) To conduct similar tasks assigned by the Ministry.
The Administrative and Financial Affairs Department Head Office
Article 22 - The tasks of the Administrative and Financial Affairs Department Head Office are as follows:
a) To conduct the works related to the supply of equipment, apparatus and materials necessary for the Ministry;
b) To conduct the works related to leasing and purchasing procedures for the necessary immovable properties;
c) To conduct the Ministerial services pertaining financial matters;
d) To conduct the services of leaning, lighting, heating, maintenance, repair and transportation;
e) To organize and execute the services about establishment and management of social facilities;
f) To provide benefit from health services for the staff of the Ministry and their families;
g) To ensure that the important communications and messages coming to the Ministry, the necessary ones are submitted to the Minister or the Undersecretary;
h) To announce the directives of the Minister or the Undersecretary to the concerning organs and follow up the procedures; to execute internal and external protocol services of the Ministry;
i) To organize the meetings, briefings and negotiations concerning the Ministry and to keep and distribute the related minutes and important notes;
j) To conduct the services related to general documentation and archive;
k) To conduct similar tasks assigned by the Ministry.
Publication Department Head Office
Article 23 - The tasks of the Publication Department Head Office are as follows:
a) To compile and publish information on subjects concerning the plants, animals, fisheries products, natural resources (such as land, water, climate, etc.), village life, traditional and modern handcrafts, wild plant and animal species of Turkey and other subjects concerning our farmers;
b) To help in publishing and distributing those compiling and publishing such information.
c) To prepare films, slides and similar documentation that will make others learn and adopt the above matters, and have them prepared;
d) To conduct agricultural archive, documentation and library services;
e) To cooperate with institutes, farmers’ organizations, and governmental or non governmental organizations about agricultural publication.
f) To conduct similar tasks assigned by the Ministry.
Defense Secretariat
Article 24 – The Defense Secretariat conducts the tasks specified by its specific law and other laws.
General Secretariat
Article 25 - The tasks of the Private Secretariat of the Minister are as follows:
a) To maintain the official and private communications of the Minister;
b) To organize and perform all kinds of protocol and ceremonial procedures of the Minister;
c) To organize and perform and coordinate with other organs and institutions the services related to visits, invitations, reception, seeing off, treating and holidays;
d) To conduct similar tasks assigned by the Ministry.
SECTION 5
Permanent Institutions
Permanent Boards
Article 26 – The permanent board of the Ministry of Agriculture and Rural Affairs is the Superior Commissars Board. This board conducts the tasks specified in the Law on Horse Races, dated 10/7/1953 and no. 6132.
PART III
The Rural Organization, International (Foreign Relations)
Organizations and the Attached Institutions
The Rural Organization
Article 27 – In compliance with the Law on Establishment and Task Principles of the Ministries, dated 27/9/1984 and no. 3046, the Decree having the force of Law and the Law on Provincial Administration, a Rural Organization at the Provincial and District levels to represent the Ministry may be established and the attached organs and institutions may be organized as separate units in each region, district and province when necessary. The Ministry is represented by the Provincial Directors of the Ministry in the Provincial Administration Boards and by the District Directors of the Ministry in the District Administration Boards.
The methods and principles of work of the provincial and district organs of the Ministry and their relationships are determined by a regulation.
International (Foreign Relations) Organizations
Article 28 – In compliance with the Decree having the force of Law on the Organization of State Institutions and International (Foreign Relations) Organizations, the Ministry is authorized to establish a International Offices organization. The duration of duty abroad is three years. When necessary, this duration may be extended for maximum one year.
Institutions under the Ministry
Article 29 – The institutions under the Ministry of Agriculture and Rural Affairs are as follows:
a) The General Directorate of Rural Services
b) The General Directorate of Agricultural Reform
c) The Directorate of Atatürk Forestry Farm
PART IV
Liabilities and Authorities
Liabilities of the Administrators
Article 30 – The administrators of the Ministerial Central, Rural and International (Foreign Relations) Organizations and the attached and affiliated organs at all levels are liable to organize and execute the services and duties that they are responsible for and are answerable to the next highest ranking administrator.
Duties, authorities and liabilities of the Ministry in coordination and cooperation
Article 31 – The Ministry has the duty and is authorized to specify the principles, to which the other ministries and civilian organs and institutions shall comply with, on matters related to its duties and tasks, in compliance with the current legislations, to take measures to prevent extravagant expenditure of sources and to ensure coordination.
The Ministry is liable to consult the concerned ministries in activities that are in their field of duty within the framework of the specified principles and to ensure the required cooperation and coordination.
Liability concerning coordination with local administrations
Article 32 – The Ministry is liable to ensure coordination with local administrations in its field of duty.
Delegation of authority
Article 33 – The Minister, Undersecretary and administrators of organs and institutions at all levels may delegate some of their authority to their subordinates, provided that the limitations of such delegation are specified clearly in writing. However, delegation of authority does not free the delegating superior official of his liabilities.
PART V
Miscellaneous Provisions
Duties and tasks assigned by other laws
Article 34 – Of the tasks and duties that have been given to the Ministry of Agriculture, Forestry and Rural Affairs as specified in Law no. 3143 and other legislation, related to Settlement Law no 25210, Cooperatives Law no 1163 and Law no 1581, the relevant tasks and duties are transferred to the Minister and the Ministry of Agriculture and Rural Affairs.
Assignment
Article 35 – Assignment of the officials other than those specified in Law dated 2/4/1981 and no 2451 is conducted by the Minister in compliance with the provisions of the Law on Provincial Administration, provided that the assignments related to the rural organization are under the jurisdiction of the Governorship and are subject to the provisions of the Law on Provincial Administration no 5442. However, the Minister may delegate this authority to lower ranks as he deems necessary, without prejudice to the provisions related to assignment specified in legislations related to the attached and affiliated organs and institutions of the Ministry.
Cadres
Article 36 – The matters on determination, introduction, usage and cancellation of cadres and other matters related to cadres are subject to the provisions of the Decree having the force of law on General Cadres and General Cadre Procedures.
Research, survey and project services
Article 37 – The Ministry may have legal or real persons conduct all kinds of research, survey and project services in matters in its field of duty through contracts.
Abolished provisions
Article 38 – Law dated 6/3/1985 and no 3161 is abolished.
Provisional Article 1 – The transfer of all kinds of movable and immovable properties, equipment, apparatus, materials and furnishings, fixings belonging to the Ministry of Agriculture, Forestry and Rural Affairs are transferred to the Ministry of Forestry and the Ministry of Agriculture and Rural Affairs is determined by a protocol between the two Ministries. In case of a dispute, the matter shall be settled by the Prime Ministry.
1991 expenditures of the Ministry of Agriculture and Rural Affairs are met from the 1991 Financial Year Budget of the Ministry of Agriculture and Rural Affairs. The Ministry of Finance and Customs is authorized to make arrangements in this respect.
Provisional Article 2 – The cadres of the Ministry of Agriculture, Forestry and Rural Affairs specified in tables in the Decree having the force of law no 190 are cancelled and removed from the annexed tables of the said Decree having the force of law and are added to the tables in the sections of the said Decree having the force of law related to the Ministry of Agriculture and Rural Affairs.
Provisional Article 3 – Until the Ministerial Central, Rural and Foreign Organizations are rearranged in compliance with the principles herein, the duties and services shall e conducted by the existing personnel.
Provisional Article 4 – The references made to the Ministry of Agriculture, Forestry and Rural Affairs in other legislation are deemed to be made to the related provisions of the Decree having the force of law on Establishment and Duties of the Ministry of Agriculture and Rural Affairs and the Decree having the force of law on Establishment and Duties of the ministry of Forestry, depending on the nature of the service.
Provisional Article 5 – The personnel whose cadres are cancelled may be assigned duty in appropriate works until they are assigned to a new cadre. Except the undersecretary, vice undersecretary, general director, vice general director, department director and board chairman, the other personnel whose cadres and titles are not changed are considered to be assigned to new cadres without need to any further procedures. The monthly wages, additional indicators, all kinds of increments and compensations and other specific rights of such personnel are continued.
However, if the total of the monthly wages, additional indicators, all kinds of increments and compensations and other specific rights of such personnel from the new cadres is less than the total of the monthly wages, additional indicators, all kinds of increments and compensations and other specific rights from the old cadres, the difference between is payable as compensation.
Provisional Article 6 – Until the by-laws and regulations provided for herein are put into effect, implementation of the provisions of the consolidation of agricultural land By-Law and the other existing by-laws and regulations that do not conflict with the provisions herein is continued. The mentioned by-laws and regulations shall be put into effect within six months at the latest.
Effect
Article 39 – This Decree having the force of law comes into effect on the date of its publication.
Execution
Article 40 – The provisions of this Decree having the force of law is executed by the Council of Ministers.
Turgut ÖZAL
President
A. Mesut YILMAZ
Prime Minister