T.C.
TARIM ve KÖYİŞLERİ BAKANLIĞI
Koruma ve Kontrol Genel Müdürlüğü
Regulation on the Principles of Foundation and Operation of the Unions on the Control of Olive Diseases and Pests
Referance Law 4086
National Press 31.03.1996, 22597
FIRST CHAPTER
Objective, Scope, Legal Basis and Definitions
Objective
Article 1 – This regulation is prepared in order to establish the foundation and operation principles of Unions founded to assure control of olive diseases and pests effectively, economically and in compliance with its technique causing minimal damage to environment by making use of contributions of the producers.
Scope
Article 2 - This regulation covers foundation, operation principles, authority, responsibilities and duties of the Unions as well as their relations with other public organisations and institutions of the Ministry.
Legal Basis
Article 3 - This regulation is prepared based on the provision of Article 17, which was amended by the Law No. 4086 of 2/ 28/ 1995, of the Law No. 3573 of 1/ 26/ 1939 on Improvement of Olive-Growing and Grafting Its Wild Varieties.
Definitions
Article 4 – Definitions of the terms included in this regulation are as follows:
The Ministry: Ministry of Agriculture and Rural Affairs,
The General Directorate: General Directorate of Protection and Control,
Research Institutes: Plant Protection Research Institutes and Olive-Growing Research Institutes,
Directorate: Provincial or Subprovincial Directorates and Sectional Directorates of Plant Protection of the Ministry,
Union:Local administrative unions founded by Provincial Administration of Domestic Economy, Municipalities and villages on control of olive disease and pests in regions suitable for olive growing,
Diseases and Pests: Insects, acari, nematodes, fungi, bacteria, viri and similar harmful organisms causing economic losses in olive growing
SECOND CHAPTER
Foundation of Unions, Areas of Activity and Their Status
Foundation
Article 5 –In provinces and subprovinces occupied with olive growing, Provincial Administration of Domestic Economy, Municipalities and Villages can found Unions in order to meet the common need of local people on control of olive diseases and pests.
According to the provision of Article 127 of the Constitution, Unions are found with permission of the Council of Ministers in compliance with articles 133 to 148 of the Law No. 1580 on Municipalities.
Areas of Activity
Article 6 – Areas of activity of the Unions are as follows:
a) To co-operate with relating institutions of the Ministry for control of olive diseases and pests,
b) To provide required inputs such as pesticides, attractant, tools, plane, helicopter, labour, traps and the like and technically co-operate with the Directorates on issues of survey and control,
c) To contribute to developing Modern Plant protection techniques through co-operation with Directorates.
d) To establish, develop and operate a communication system required for the control to be executed,
e) To provide training of the producers on olive diseases and pests, for this purpose to co-operate with the Directorates and organise courses,
f) When required, to manufacture goods and build structures, both related to working area; to acquire, to let or to rent real estate; besides exchanging goods, to pawn real estate,
g) To build stationary runways and landing places for planes and helicopters in suitable sites for aerial control and to provide what is required for aviation and flight,
h) When required, to hand over the control to authorised people or institutions by tendering,
i) To make the producers take cultural measures which play an important role in controlling diseases and pests, to establish co-operation with the Directorates and Research Institutes working on improving olive growing and to have wild varieties grafted,
j) To help members with promoting and marketing olives and olive products,
k) To have the successful producers be awarded prizes,
l) To be a member of the organisations such as International Olive Oil Council with approval of the Ministry, and to participate in their activities,
m) To keep inventory,
n) To decide on establishing, changing or abolishing positions of Union personnel,
o) To consult government authorities about exporting olives and olive products,
p) To contribute to Government’s investments and activities related to developing olive growing.
Legal Status
Article 7 – Unions have a public legal personality and the same rights and authority as those of member local governments in executing their duties.
Co-operation
Article 8 – In executing their activities, Unions can co-operate with the Ministry, General Directorate, Directorates, Research Institutes and public or private organisations or institutions having a similar objective.
THIRD CHAPTER
Organs, Duties, Authority and Responsibilities of the Unions
Organs
Article 9 – Organs of unions are as following:
a) Union Assembly,
b) Union Council,
c) Chairman of Union.
Union Assembly
Article 10 – Union Assemblies are composed of the members elected by assemblies of union’s member local governments according to Article 140 of Municipalities Law No. 1580, concerned Governors of Provinces and Subprovinces, Directors of Provincial and Subprovincial Offices of the Ministry of Agriculture and Rural Affairs, Directors of Plant Protection Sections, Directors of Research Institutes in the Region, Mayors and Village Headmen. In Union Assemblies, number of representatives of member local governments must be higher than that of other members.
Substitute members of the same number are elected for permanent members.
Term of office of the elected members of the Union Assembly is maximum 5 years.
In cases, any elected members leave office for any reason or any permanent members cannot participate in Union Assemblies, following confirmation of the situation by the Head of the Union Assembly elected substitute members participate in the Union Assembly.
Elected members, who lose their membership for any reason, are regarded as they have lost their Union Assembly membership too.
Duties, Authority and Responsibilities of Union Assembly
Article 11 - Duties, Authority and Responsibilities of the Union Assembly are as follows :
a) To elect the Union Chairman, the Union Deputy Chairman and members of the Union Council,
b) To adopt working plans and programmes,
c) To discuss and adopt the union budget and final accounts, to make transfers between budget programmes and subprogrammes, and to ascribe supplementary and emergency appropriations,
d) To review and approve operating reports prepared and presented by the Union Chairman,
e) To decide creating, changing or abolishing positions for the Union personnel,
f) To make proposals on rates of contribution share of member local governments, which they will allow in their budgets of next year, if required, decide to increase it,
g) To reach a decision on loans and borrowings in name of the Union and their duration of one year is due,
h) To observe the use of contributions made on condition in compliance with their objective and to form an opinion in this matter,
i) To discuss proposals of the Union Chairman on matters in connection with services and activities of the Union, and to reach a decision,
j) To decide on co-operation with international private and public organisations and institutions which is mentioned in foundation objective, and to present it to the Ministry for approval,
k) To decide on amending the Union Bylaw,
l) To decide on abolishing the Union,
m) To decide that Assembly members who do not participate in consecutive 3 meetings without any excuse must be regarded as resigned,
n) To decide on other issues which are asked by the Chairman to be discussed in the Assembly.
Union Assembly Meetings and Majority Needed for Resolution
Article 12 – Union Assembly convenes regularly at Union Headquarters in April and December every year.
Union Assembly, upon a request of the Chairman or one third of Union Assembly members in writing, may be called for an extraordinary meeting. If required majority cannot be reached, the meeting is postponed for three days by the Chairman. At the second meeting, without regarding number of members present, negotiations start and a decision is reached. However, at the extraordinary meeting no other issues are discussed but the agenda.
Union Assembly convenes when half plus one of the members are present. Decisions are taken by absolute majority.
Making Decisions of the Union Assembly Final
Article 13 – Decisions of the Union Assembly related to issues paragraphs (b), (c), (e), (g) and (j) of Article 11 of this Regulation become final, together with approval of the Ministry, when approved by the Governor of that Province, if the Union’s authority is limited to one province or by the Ministry of Interior, if the Union’s authority covers more provinces. Other decisions are final.
Moreover, all the decisions taken by the Union Assembly are transmitted to concerned Governor, Ministry of Interior, Ministry of Agriculture and Rural Affairs and member local governments depending on the domain of authority for information within 15 days.
Union Council
Article 14 – The Union Council is composed of 5 members including Union Chairman, Union’s Secretary General, Union Accountant and 2 members elected by the Union Assembly among its own members for one year.
The Union Chairman is the head of the Council. In cases the Union Chairman is not present, his/ her duty is executed by his/ her proxy. Union’s Secretary General and Union Accountant are natural members of the Union.
Duties, Authority and Responsibilities of the Union Council
Article 15 - Duties, Authority and Responsibilities of the Union Council are as following:
a) To do the first examination of the budget prepared by the Union Chairman,
b) To express opinion on budgetary final account,
c) To make transfers between items of outlay of the budget within activity-project,
d) To prepare working and investment programme of the Union and to present it to the Assembly for reviewing,
e) To review and approve monthly tables,
f) To review and approve highest and lowest contract terms, tenders and bargaining decisions,
g) To present the proposals related to the issues within the domain of authority of the Assembly,
h) To audit accounts and to check whether the budget is spent properly,
i) To discuss and settle the duties mentioned in this Regulation as well as the duties with which the Union Assembly is charged, when there are no Union Assembly meetings in order to present them to the Assembly to be discussed and settled at first meeting of the Assembly.
Union Council’s Meetings and Majority Needed for Decision
Article 16 – The Union Council assembles at least once in fifteen days by presence of half plus one of the total members and decisions are taken by votes of half plus one of the members present. When the votes are equal, the Chairman’s side is regarded as the majority.
Union Chairman and Proxy
Article 17 – The Union Assembly elects the Union Chairman and his Proxy among its members. Their term is maximum 5 years. The chairman and Proxy may be elected just twice successively. If The Provincial Administration of Domestic Economy is included in the Union, provisions of Article 144 of the Municipalities Law No. 1580 is applied to the election of the Chairman and Proxy.
Duties, Authority and Responsibilities of Union Chairman
Article 18 - Duties, Authority and Responsibilities of the Union Chairman are as follows:
a) To represent the Union in administrational and judicial authorities or make somebody do the job,
b) To prepare the budgetary draft, working plan and programmes, tables of final accounts and year end activity report and present them to concerned authorities, and implement the budget,
c) To apply the resolutions related to Union activities of the Assembly and the Council, observe and evaluate the results,
d) To execute the duties charged on the mayor by the Municipalities Law No. 1580 and not requiring decisions of the Assembly and the Council and to use the power given to him,
e) To pass accounts of the union budget and, if required, authorise the General Secretary of the Union to do the duty,
f) To have the Union’s income collected, to follow and protect the Union’s assets, rights and benefits,
g) To call the Union Assembly meetings,
h) To execute the Union’s yearly programme,
i) To make proposals to the Union Assembly on relating issues by getting opinion of the Union Council,
j) To accept unconditional donations in name of the Union,
k) To manage movable and immovable assets of the Union.
FOURTH CHAPTER
Appointment, Duties, Authority and Responsibilities of Union Officials
Position and Appointment
Article 19 – Positions, employment, promotion, records, discipline and similar procedures are executed in compliance with provisions to which member provincial administrations of domestic economy and municipalities are subject.
Duties, Authority and Responsibilities of General Secretary
Article 20 – The Union General Secretary executes duties of the Union in name of the Chairman and under his directives and responsibility.
The Union Chairman determines the duties, which will be executed by the General Secretary via a Directive of Authority Transfer.
The Union General Secretary is the first of qualification records of the Union personnel.
The Union General Secretary is appointed by selecting among Agricultural Engineers graduated from Department of Plant Protection of an Agricultural Faculty and having at least 5 years’ experience.
Agricultural Engineers with a master’s or doctor’s degree are given priority in selection.
Duties, Authority and Responsibilities of Union Accountant
Article 21 – Duties, Authority and Responsibilities of the Union Accountant are as following:
a) To prepare the union budget,
b) To keep records of budget items and to execute accountancy,
c) To collect incomes included in union budget or have them collected,
d) To make expenditures included in union budget,
e) To examine the documents of expenditure related to advance and credit kept by paymaster and to reckon it in an account, and to search whether there are any expenditures not reckoned yet in an account and have them reckoned.
f) To prepare budget final accounts and present them to the authorised board for approval,
g) To execute other duties of the municipality accountant given by law and other legislation.
The union accountant has also responsibilities of municipality accountants beside those given by the Bylaw of Municipality Budget and Accounting Procedures.
FIFTH CHAPTER
Financial Provisions
Revenues of the Union
Article 22 - Revenues of a Union are as follows:
a) Contribution shares of local governments and natural members as envisaged in Union Bylaw,
b) Support-in kind provided by the ministry and pecuniary help transferable to the union budget,
c) Fees charged for services demanded by people,
d) Interest revenues,
e) Contributions and donations,
f) Charges collected from the producers as plant protection expenditure by permission of the Ministry and as required by Article 24 of plant protection and Agricultural Quarantine Law, No. 6968 and Article 17 on Improvement of Olive-Growing and Grafting Its Wild Varieties Law No. 3573 as amended by Law No. 4086.
g) Other revenues.
Expenditures of the Union
Article 23 - Expenditures of a Union are as follows:
a) Expenditures for duties and services charged on the Union by laws and this Regulation,
b) Expenditures for management and personnel of Union administration,
c) Journey-money and other expenditures of members of the Union Assembly and Union Council, Chairman and his Proxy and other personnel,
d) Expenditures and debts based on private law, decisions of Union Assembly, official decisions or agreements,
e) Other expenditures.
Union Budget
Article 24 – The Union budget indicates income and expenditure estimates for one year from the first of January to the end of December and is arranged as a programme budget composed of two parts, one of it being expenditure budget and the other income budget, based on a decision of the Assembly permitting to collect and spend Union revenues and to execute services.
In the budget decree; sum of revenues and expenditures, authority given to the Union Council, instalment periods and dates of collection of contribution shares to be collected from the Union members and other issues related to price lists of charges to be collected for services by the Union are mentioned by paragraphs. No provision contrary laws or other legislation could be inserted into the budget decree.
The Union Assembly discusses the Union budget in usual December meeting, reviewing the budget decree by paragraphs and income and expenditure budget by chapters and, if required by revising, approves it.
Pay Master
Article 25 – The Union Chairman is the official authorised to pass accounts of the Union budget. The Union Chairman can transfer this power to the General Secretary in writing and defining its scope.
Purchasing, Selling, Tendering and Accounting Processes of the Union
Article 26 – The Union is subject to State Tendering Law No. 2886, General Accountancy Law No. 1050 and Municipality Budget and Accountancy Methods Bylaw and regulations on application of this bylaw.
Books and Records to Be Kept By the Union
Article 27 – In Union, books of Assembly and Council decisions, register of incoming and outgoing documents and recording book of members are kept.
In Union, accounts of budget and balancing accounts are opened and supplementary books are kept as envisaged by the Bylaw on Municipalities Accounting Methods and the Regulation based thereon.
The Union is obliged to keep a “Book of Budget Expenditures and Appropriations”, a “Book of Subsidiary Accounts for Budget Revenues”, a “Book of Advances and Credits”, a “Bank-book of Current Account” and a “Book of Ordinary Trust Funds”.
A “receipt” collects revenues of the Union and the money is deposited at a bank account.
Expenditures of the Union are made by documents mentioned in the State Expenditure Documents Regulation.
SIXTH CHAPTER
Other Provisions
Auditing
Article 28 – Unions are audited as jointly programmed by the ministries of Interior and The Ministry of Agriculture and Rural Affairs.
Programmes
Article 29 – The Union chooses the yearly plant protection programmes among the subjects prepared and approved by Provincial Directorates of the Ministry.
A subject on plant protection cannot be chosen out of programmes of Provincial Directorates of the Ministry.
During execution of plant protection programmes, if demanded by the Union, Directorates of the Ministry can help the Union by enough technical personnel and vehicles.
Plant protection programmes are applied within the framework of Technical Instructions of the Ministry.
Joining the Union
Article 30 – Units of local governments demanding to join the Union after foundation of the Union become a member of the Union if their decision to join taken by their resolution boards is approved by the Union Assembly and if they meet provisions of Article 134 of the Municipalities Law.
Dismissal from Membership
Article 31 – If any of the member local government units cannot fulfil its defined liabilities, it is dismissed from the Union by approval of the Union Assembly.
In this case, rights and assets in the Union are blocked for 1 year beginning at the date their leaving the Union and the procedure is applied in compliance with the resolution of the Union Assembly.
Abolition of Union
Article 32 – The Union can be abolished by decision of two thirds majority of full number of members.
The Union Council executes the abolition of the Union. Abolition procedure is finished at latest within one year. Assets of the Union are distributed to member units in proportion with their shares of contribution and, if their shares of contribution are not evident, in proportion with the populations of the local government units.
Issues Not Included in the Regulation
Article 33 – For issues not included in this Regulation, articles 133 to 148 of the Municipalities Law No. 1580 and other relating articles are applied.
SEVENTH CHAPTER
Provisional Article
PROVISIONAL ARTICLE 1 – In order to reach the intended basic goals, the Unions are aided both in kind and in cash through appropriations allocated in the ministry’s budget until the Unions financially reach the level where they can fulfil their functions.
EIGHTH CHAPTER
Enforcement and Execution
Enforcement
Article 34 – This regulation enters into force on the date of its publication.
Execution
Article 35 – This regulation is executed by the Minister of Interior and the Minister of Agriculture and Rural Affairs.