INDUSTRIAL DEVELOPMENT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Industrial Development Regulations

Industrial Development Act (Size of Enterprises) Order

INDUSTRIAL DEVELOPMENT REGULATIONS

(section 33)

(31st March, 2008)

ARRANGEMENT OF REGULATIONS

REGULATION

   1.   Citation

   2.   Interpretation

   3.   Application for industrial licence

   4.   Application to produce new products

   5.   Application to manufacture on additional premises

   6.   Application to manufacture on new location

   7.   Application to transfer a licence

   8.   Form of licence

   9.   Registration of micro and small enterprises

   10.   Failure to commence or recommence operation

   11.   Annual licence fee

   12.   Fees

   13.   Reservation of enterprises for Botswana citizens

      Schedule

S.I. 4, 1989,
S.I. 53, 1993,
S.I. 25, 2008,
S.I. 30, 2008,
S.I. 103, 2014.

1.   Citation

   These Regulations may be cited as the Industrial Development Regulations.

2.   Interpretation

   In these Regulations unless the context otherwise requires–

   "additional premises" shall include additions to or extensions of existing premises; and

   "industrial licence" means a licence to carry on a manufacturing enterprise.

3.   Application for industrial licence

   (1) An application for an industrial licence shall be made in Form AIL 1 as prescribed in Part 1 of the Schedule to these Regulations and shall be made to the Secretariat of a licensing committee or the Secretary of the Industrial Licensing Authority.

   (2) A copy of such application shall also be forwarded to the Government Statistician.

4.   Application to produce new products

   When a licence holder wishes to manufacture new products additional to those indicated on his or her licence, application shall be made in the Form AIL 2 as prescribed in Part 1 of the Schedule.

5.   Application to manufacture on additional premises

   Where a licence holder wishes to manufacture goods on an additional premises, application shall be made to a licensing committee or the Industrial Licensing Authority in Form AIL 3 as prescribed in Part 1 of the Schedule.

6.   Application to manufacture on new location

   Where a licence holder wishes to move his or her manufacturing enterprise to a new location, application shall be made to a licensing committee or the Licensing Authority in Form AIL 4 as prescribed in Part 1 of the Schedule.

7.   Application to transfer a licence

   Where a licence holder wishes to transfer a licence to another person, application shall be made to a licensing committee or the Licensing Authority in Form AIL 5 as prescribed in Part 1 of the Schedule.

8.   Form of licence

   A licence to be issued under these Regulations shall be in Form IL as prescribed in Part 1 of the Schedule.

9.   Registration of micro and small enterprises

   The registration of micro and small enterprises exempt from the Act shall be in Form AIL 6 as prescribed in Part 1 of the Schedule.

10.   Failure to commence or recommence operation

   If a licence holder fails to commence his or her manufacturing enterprise within two years after the date of issue of his or her licence, or if a licence holder fails to recommence his or her operations within two years after a temporary closure, the licence shall automatically cease, and a fresh application must be made before operations can commence or recommence, as the case may be.

11.   Annual licence fee

   (1) An application for payment of an annual licence fee shall be made in Form AIL1 (B) as prescribed in Part 1 of the Schedule to these Regulations.

   (2) A licence holder who fails to pay an annual licence fee shall be liable to a fine of P100.

12.   Fees

   The fees payable for the issuance of licences and for other administrative services rendered to the public by a licensing committee or the Industrial Licensing Authority shall be as prescribed in Part II of the Schedule.

13.   Reservation of enterprises for Botswana citizens

   (1) The following types of small scale manufacturing enterprise shall be reserved for Botswana citizens or companies wholly owned by Botswana citizens–

   (a)   the manufacture of school uniforms;

   (b)   the manufacture of school furniture;

   (c)   the manufacture of burglar bars;

   (d)   the manufacture of protective clothing;

   (e)   the milling of sorghum;

   (f)   the manufacture of cement bricks and baked earth (mud) bricks;

   (g)   the baking of bread and confectionery;

   (h)   manufacture of peanut butter;

   (i)   bottling of water;

   (j)   the production of traditional sour milk;

   (k)   packaging;

   (l)   the manufacture of floor polish;

   (m)   the manufacture of traditional leather products;

   (n)   the manufacture of traditional crafts;

   (o)   signage, including electronic signage;

   (p)   fencing materials excluding gum poles;

   (q)   the manufacture of candles;

   (r)   ice making;

   (s)   meat processing:

         Provided that any person engaged in the manufacturing enterprises referred to above and who is so engaged at the date of commencement of these Regulations shall be permitted to continue such manufacturing subject to compliance with other requirements of these Regulations.

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