Explanation : The establishment of organized industrial zones, Organized by the construction and operation of industrial zones HK regulating the principles and procedures relating to the establishment and activities of the organizations top.
Industry and Technology Ministry:
Goal, Scope, Basis and Definitions
Purpose and scope
MATTER 1 – (1) The purpose of this Regulation, The establishment of organized industrial zones, Organized Industry Zone construction and operation of the Organization for the top of the organization and its activities is to regulate the procedures and principles.
(2) Site selection of organized industrial zones, the approval of the establishment protocol, The approval of the zoning and subdivision plans, allocation of land, building infrastructure facilities, and issues related to the right to use business, Organized Industrial Zones and other matters relating to the implementation of the Law with the tender process in which the use of credit and OSB OSB essential tasks with the parent organization and mode of operation.
MATTER 2 – (1) this Regulation, 10/7/2018 dated 30474 published in the Official Gazette No. 1 About the Presidential Decree No. presidential Organization 385 and 390 with agents Inc. 12/4/2000 dated 4562 Organized Industrial Zones Law No. 27 nc are based on agent.
MATTER 3 – (1) contained in this Regulation;
a) Subscriber: OSB'de, electricity, its, participants or other persons that use natural gas and similar infrastructure services,
b) Ministry: The Ministry of Industry and Technology,
c) Bank: 19/10/2005 dated 5411 In accordance with the Banking Law banks operating in Turkey,
ç) EIA: The Environmental Impact Assessment,
d) Financial tenants: 21/11/2012 dated 6361 No. Leasing, natural or legal persons who agreed to lease the scope Factoring and Financing Companies Act,
e) Leasing company: 6361 financial leasing companies established under Law No.,
f) headquarters: The Directorate General of Industrial Zones,
g) Attendee lists of: Appendix 6 as exemplified in the use permit for the structure and table showing participants OSB,
ğ) Service and support areas: small manufacturing and repairs for the needs of the participants in the OSB, trade, areas shown activity in education and health sectors,
h) Correctional OSB: 1/7/2017 According to the plan before the date of pasture areas where the construction of industrial facilities that will be formed by the breeding OSB,
I) Specialized OSB: At the same industry group and the ASD, which includes the facilities operating in sub-sectors included in this industry group,
i) Zoning commission: Established with the approval of the Ministry of authority for the evaluation of the development plan and the proposed amendment, operating procedures and principles set out in the framework of the Ministry of commission regulations,
j) Law: 12/4/2000 dated 4562 Organized Industrial Zones Law numbered the,
k) Mixed OSB: ASD, which includes the facilities operating in different sectors,
l) Participant: OIZs, parcel allocated for the establishment of a business or sales made by Maliki who found that production in the parcel or who have committed and 4562 leaseholders with natural or legal persons operating in accordance with the objectives of the Act No.,
m) Participation fee: The amount to be covered by the participating institutions and the formation of the OSB,
n) Participation fee rate: Participation share of the commitment to be met by institutions and organizations involved in the organization and OSB % 6'Ratio of not less than,
O) Tenant: Participant plant, natural or legal persons in accordance with the lessor to the principles and procedures specified in Regulation,
ö) approved border: which it is compulsory for OSB operations and the Ministry deems appropriate, concerning the technical infrastructure and connection lines with technical equipment areas where, OSB OSB been approved areas outside the boundaries of the area as a result of site selection,
p) Organized Industrial Zones Top Agency (original sin): OSB ensure the unity and cooperation between applications, to provide the solidarity, intervene with the relevant institutions and establishments for the solution of the problem and to make efforts OSB, OSB ensure coordination between the Ministry and a private legal entity established to fulfill the tasks assigned by the Ministry,
r) Organized industrial Zone (OSB): in the construction industry to provide suitable area, To prevent unplanned industrialization and environmental problems, steer urbanization, rational use of resources, To take advantage of information and information technology, placing within a certain plan of industrial type and in order to improve, including common areas in the ratios required in the sanctioned development plan of the land parts, It is equipped with the service and support and technology development zones created in a planned way and in a certain system, including the allocation for the industry and established according to the provisions of this Act, planned and operated, Production of goods and services that target efficiency in resource use,
s) Common areas: In order to show proper activity for the purposes of the OSB, planning and saving space in OSB OSB of roads, except for infrastructure and power lines and health protection tape, OSB in social ownership and savings, administrative, parking areas of technical services and infrastructure sectors,
s) OSB technical specifications of the zoning plan: The principles and procedures governing the preparation of the specifications submitted to the Ministry for approval of the zoning plan proposal prepared by the OSB boards,
t) OSB area: The choice of location results in the boundaries of the designated area within the limits approved by the totality of the sanctioned areas,
in) special OSB: the Law 26 OSB established according to Article,
ü) Plans / Projects / Map Originator: Within the borders OSB, prepared in accordance with the specific requirements of the Regulation and legislation plans and projects, According to the expertise of preparing and implementing the OSB staff with zoning regulations adopted in the framework of the authors of the plan / project / map the author,
v) Regulations: OSB Practices Regulations,
Application and Installation
The first application and site selection
MATTER 4 – (1) The choice of location and demands study; Organized Industrial Zone Regulations are made by the Site Selection.
(2) After the finalization of the location choice, The planning of the area outside the borders OSB, Environment and Urban Planning Ministry and / or at the latest within a year are made by the respective municipality. However, the principles and procedures are determined jointly by the Ministry of Environment and Urban Planning Ministry.
Establishment and leave the
MATTER 5 – (1) OSB confirmed the metropolitan municipalities in the site selection, yl municipality, district municipality, the municipality of the town, 18/5/2004 dated 5174 No. Turkey Chambers and Commodity Exchanges industry established according to the room with the Union of Chambers and Commodity Exchanges Act, If trade and industry chamber, he or chamber of commerce, special provincial administrations or investment monitoring and the lack of any municipality within the boundaries of the area in coordination with the municipalities in the province appeared presidency, rooms in these districts and district municipalities, OSB may take place pursuant to the Governor's assent organizations. the participating institutions and organizations representatives of the OSB and signed by the Governor establishment protocol with the Ministry's approval and registration in the Register OSB acquires legal personality.
(2) OSB protocol before you are approved organizations, the establishment of institutions and organizations will participate in the OSB, The hundred thousand for each representative will have the enterprising committee will determine the amount to not less than the Turkish lira, special provincial administration or on behalf of investment monitoring and coordination presidency opened the bank account is mandatory. One hundred thousand Turkish lira, the lower limit, At the beginning of each calendar year, to be effective, each year for the previous year 4/1/1961 dated 213 Tax Procedural Law in accordance with the revaluation identified and implemented increased by declared. the stake or investment account in this way the special provincial administration, monitoring and coordination presidency, When transferred to ASD ASD acquire legal personality. Improvement in the said amounts OSB, OSB OSB breeding transferred as soon as the legal personality photo.
(3) OSB organizations, the finalized siting area 5174 industrial chamber established according to the Law No., If trade and industry chamber, If it is mandatory to take place in the chamber of commerce.
(4) consisting of representatives of professional organizations and with relevant industry registration certificate in the specialty OSB, In case requests are included in the enterprising committee.
(5) Specialty OSB, In order to acquire legal personality;
a) The real facts or legal persons established on behalf of ASD show that submitted the registered title deed,
b) The immovable be submitted Tapu, Selection of the appropriate approval of the Ministry of OSB is that border and OSB Regulation,
Conditions are sought.
(6) Ministry format specified protocol provider, founder member of the competent authority decision showing the names and contributions of common shares, enterprising committee and submitted to the Ministry along with the decision of the board and OSB registration number is given after approval. Organization protocol changes, Courtesy Ministry made.
(7) Legal personality of the winner OSB, The expropriation process began within six months from the date of establishment, Consensus can not be determined for all parcels within two years of opening and registration of the case or the result of lawsuits for all parcels 4/11/1983 dated 2942 Of Expropriation of 10 OSB pay the costs of the legal entity within the time specified by Article, liquidation process can be initiated ex officio by the Ministry of leave. OSB in the process of liquidation to be canceled 13/1/2011 dated 6102 The relevant provisions of the Turkish Commercial Code numbered apply mutatis mutandis.
Expropriation and acquisition of public land
MATTER 6 – (1) Expropriation decision on the basis of public interest; OSB acquire legal personality or additional space will be taken following the approval by the Ministry of siting demand enterprising committee / plenary decision, site selection is essential for the realization of the finalization of the technical areas and for areas related to infrastructure Minister's discretion 1/5000 or 1/2000 scale local cadastral surveying arrangment layout and including plots of remaining in the encumbrance case of OSB, parcel list is issued by the Ministry together with the board as a whole or in stages upon the application.
(2) OSB; Governor's Office of expropriation, City administrations, He can make the municipality or the Investment Monitoring and Coordination Presidency. Expropriation behalf of the administration will make OSB, 2942 whether the appointment of at least one member from the OSB in valuation and reconciliation commission to be established pursuant to Law No.. In case of assignment made will be recognized during the period, administration concerned, Select all of the members of the commission from your own site.
(3) land price and the costs incurred in the acquisition of land ownership belongs to the entity payment obligations OSB.
(4) the expropriation process 2942 apply provisions of Law No..
(5) In the case of OSB in the land of the Treasury or the presence of public institutions and organizations; this land, A further drawback is requested and where the lack of, 29/1/2004 dated 5084 Amending Certain Laws of the Law on Promotion of Investment and Employment 2 Article of the first section (b) bonus will be transferred in the provinces under subparagraph. On other yl 2/7/1964 dated 492 Of Charges Law No. 63 Situated in Article spend the cash on the basis of the OSB or sold, to be paid in installments.
Terms of elected members of organs and organ
MATTER 7 – (1) OSB consists of the following organs:
a) Enterprising delegation (In the operational phase of the General Assembly),
b) Board of Directors,
c) Supervisory board,
ç) Regional directorate.
(2) Located in organs except the Governor members are elected for four years.
(3) tasks in organizations and institutions they represent members of organ and / or representation ended when membership falls. Join members from falling or leaving in place, Watch the forefront of institutions and organizations representing members of passes replacement. Participating members, rather than complete the remaining term of the member passes. loud, Alternate members shall be exempted from the application.
(4) OSB enterprising committee, management board and supervisory board mandate in, OSB can not be employed in other organs except the Governor.
(5) Located in the organized industrial zone industrial site building cooperatives, collective work of building societies, Those working for the cooperative business management and site management or supervisory boards, their bodies except OSB, can not serve in the organs of other OSB.
(6) To become a member Organs;
a) excluding regional directorate organ, the enterprising committee members of the constituent institutions or organizations or bodies or officials to be participants received a building permit OSB,
b) 26/9/2004 dated 5237 the Turkish Penal Code No. 53 Even if the period specified in Article history; deliberately committed a crime because of a year or more for crimes against state security or, Crimes against the constitutional order and the functioning of this order, debit, extortion, bribe, theft, fraud, forgery, misappropriation, fraudulent bankruptcy, bid rigging, action does not perform the rigging, Laundering the proceeds arising from criminal, smuggling, tax evasion, sentenced to imprisonment of not unjustified crime
Conditions are sought.
(7) Terms of transport, although they later selected with the losers membership is terminated by the enterprising committee.
(8) the latest changes made in the OSB organs 15 Notified to the Ministry within days.
MATTER 8 – (1) Enterprising delegation, OSB is the highest decision-making body. Enterprising delegation, OSB organizations participating in the decisions of the institutions and organs, their bodies will be identified from among the officers or members consist of fifteen regular and reserve members of fifteen.
(2) OSB institutions and organizations participating in the establishment of the number of members to represent the enterprising committee, The ratio of shares is determined by taking into consideration the establishment protocol.
(3) OSB, professional organizations and institutions located in the industrial registry certificate of formation of the enterprising committee will include representatives are required to have. Room parliament speaker and deputy members of the board room with enterprising committee if they fall in industrial registration certificate is not required.
(4) Entrepreneurs delegation at the first meeting, In case of Governor's president, city administrations, special provincial administrations in the provinces without investment monitoring and coordination president and a vice chairman from outside the municipal representatives, otherwise, elect a chairman and a vice chairman.
(5) Enterprising delegation located in the actual membership but the management and supervisory board regular and substitute members of the mission is to take do not want to have a valid excuse without consecutive made three meetings or excuse, though considered even withdrew from the membership of members attend at least half of the meetings held within six months. Join members deemed withdrawn from, but also managerial or supervisory board member of the management or supervisory board membership is also considered self-fallen.
Participants are not included in the delegation of entrepreneurs
MATTER 9 – (1) The total parcels in OSB approved subdivision plans parcels located in areas with services and support for 1 / 3rd of the business and working permit to take in case, Participants who received a building permit, A representative authorized to represent and bind the latest within six months through members elected from among themselves are represented in the enterprising committee.
(2) Enterprising delegation, It makes the determination of the occupancy rate of the process mentioned in the first paragraph and report to the Ministry within one week.
(3) Participants will enter the enterprising committee; Participants received a building permit or an authorized representative to represent and bind the, The enterprising committee will determine the day and time, enterprising committee chairman or his deputy will be elected will be held under the chairmanship of.
(4) The list of participants is prepared to attend a meeting of arrangment. Selection announcement, in which 15 registered mail before the day, cargo or signature provision is made. Situated in the list of participants is required in order to make the absolute majority in the first election meeting. in Announcements, If an absolute majority is not achieved in the first meeting to be held the second meeting of the absolute majority regardless of time and place notified. The time between meetings 7 Less than a day 15 additional days. Duration of the announcement and the meeting date is not taken into account in the calculation.
(5) The first meeting, Participants or their representatives who attended the meeting with open votes, members among themselves a chairman and a sufficient number of selected.
(6) Choosing the participants who received a building permit from 7 actual and 7 alternate members are elected. election, secret ballot and open counting method using cells and if the candidate polls more than the number applied to selected.
(7) Executive Board, bringing entrepreneurs into the minutes of the election results shall submit to the committee.
(8) Participants in the process of being included in the enterprising committee; After appointing the members of the delegation of entrepreneurs will enter the participant has received a building permit, The number of other members of the enterprising committee, The organization contribution of the institutions and organizations considering re-determined protocol. At this stage of the enterprising committee members are not taken into account for completion of tenure. Enterprising delegation of the institutions formed after the notification of new entrepreneurs delegation will include representatives of the enterprising committee by the board of directors and audit committee members 4 years selected to serve.
(9) The latest election results 7 sent to the Ministry within days.
Enterprising committee meetings
MATTER 10 – (1) Entrepreneurs delegation at least 3 It is collected once a month by a simple majority under the chairmanship of president or vice president in the absence of. Decisions are taken by simple majority of those present. majority of votes cast by the president counted the direction provided in case of equality of votes.
(2) including the meeting agenda calls, The meeting date 5 days ago by registered mail return receipt or signature or notification giving money to members who want to be a convenient electronic address notification to this address made by electronic means.
MATTER 11 – (1) The total parcels in OSB approved subdivision plan, located parcels with service and support in the 1/2 of the workplace and working licenses to take in case, plenary formation process begins.
(2) Enterprising delegation, It makes the determination of the occupancy rate for the plenary formation process and report to the Ministry within one week. Board of Directors, parcels 1/2 of the workplace and working licenses to take in case, Sends a copy of the documents to the Ministry.
(3) Ministry, following the completion of documents 15 The first day of the General Assembly gathering of instruction sends enterprising committee. Enterprising delegation first general assembly, following the date of notification of the Ministry of instructions 6 Collects within months.
(4) In the first general meeting of the enterprising committee Attractions, The task of management board and supervisory board ends. As long as the decisions taken by the enterprising committee and served as, financial signed, administrative and land tenure are preserved in the validity of my contract expired after the task. enterprising committee ended Duties and powers, OSB of all kinds of documents, information and records over to its Board of Directors immediately.
(5) The first task of the entrepreneur and the subject will be whether to continue in the subsequent selection committee of the General Assembly will do with the enterprising committee members, participants who received a building permit will be discussed as the first item of the agenda. absolute majority of those attending the meeting, the participants have received permission to use the total structure in the region, enterprising committee of the enterprising committee if they wish to continue 4 continues to work with the years.
(6) If he continues to enterprising committee's task; Article concerning the election of management and supervisory board members in the agenda rather than by görüşülme with the selection of members to participate in the enterprising committee discussed the matter and wishes. Entrepreneurs delegation to the General Assembly 8 actual and 8 alternate members are elected. General Assembly convened the following week in the enterprising committee 9 According to the eighth paragraph of article Article makes the selection of board members and audit committee members with the necessary changes, and sends the results to the Ministry. Nascent entrepreneurs delegation, the board of directors and audit committee members 4 Starts year mandate.
(7) The General Assembly in case it is decided to continue the enterprising committee 4 a selective years; In recent years, the enterprising committee in the event of a financial, a selection is made every four years the General Assembly.
(8) General Assembly at the first meeting, OSB main contract is accepted and sent to the Ministry for approval.
(9) General Assembly meetings which received a building permit is carried out with the participation of exhibitors. Decisions at the general meeting, Taken by an absolute majority of the participants.
General Assembly meetings
MATTER 12 – (1) General Assembly, ordinary and extraordinary is collected in two ways:.
(2) Ordinary general meeting, Made in the first six months of each year.
(3) The extraordinary general assembly, OSB jobs, law, regulations, In cases where organizations require protocol and collected by the call of the main provisions of the contract.
(4) General Meeting, OSB is made in places where no.
(5) The General Assembly Date, place, agenda and the decision of the board; At least the meeting in regular meeting 30 days ago, at least from the meeting in extraordinary session 15 sent to the Ministry the day before. the date on which the period taken into account in the application documents of the Ministry records.
calls on the competent organs of the General Assembly meeting
MATTER 13 – (1) In the first plenary, making the decisions taken by the General Assembly for the enterprising committee, It is considered as the meeting call. Call for operations carried out by the board. Next ordinary general assembly in general and procedures established for the call is made by the management board.
(2) First plenary conditions for general assembly in case of failure to call, although it consists, supervisory board or it can be made by the Ministry.
(3) Enterprising delegation of the tasks of the General Assembly that ended last OIZs, provided that not less than four participants, the total number of participants least 1/4 of the case of application, 15 decisions concerning the extraordinary general meeting is called by the board in plenary session on day. this application, and jointly made with the notary public notice.
(4) Enterprising delegation of the tasks of the General Assembly continued last OIZs, provided that not less than four participants, the total number of participants least 1/4 of the case of application, 15 day in taking decisions concerning the extraordinary general meeting is called for by the enterprising committee general meeting by the board. this application, and jointly made with the notary public notice.
(5) Failing to make timely application for the extraordinary general meeting, Applicants applying to the Ministry plenary meeting in person may receive permission to call. Ministry, Having regard to the application of the agenda, For a list of participants will be invited to the general meeting and the meeting will be held detects hand to meet expenses.
The shape of the General Assembly call
MATTER 14 – (1) calls to ordinary and extraordinary meetings; cargo, registered mail return receipt or signature provision is made.
(2) Call, At least the meeting date 15 Before the day is done. the location of the meeting, day, time and agenda with calls involving; management and supervisory board activity reports, balance, income and expenditure or profit / loss account, the estimated budget and work program approved by the other information and documents submitted. A copy of these documents will be available at the plenary session. Calls extraordinary meeting on, Sent the information and documents related to only a day.
(3) in Call, In four of the participants received a building permit if the one to participate in the first meeting, The date of the next meeting to be held, time and place notified. The time between meetings 7 Less than a day, 15 additional days.
(4) Duration of the announcement and the meeting date is not taken into account in the calculation.
Failure to realize the general shareholders' meeting
MATTER 15 – (1) The general meeting can be made in the following cases:
a) 14 Failure to fulfill any of the provisions contained in Article,
b) At least one person ready to lack of management and supervisory board members.
(2) After meeting the above reasons can not be dated with the date and the agenda will be re-evaluated to determine the first plenary session of the first meeting and applied the provisions relating to meetings.
(3) This substance at a general meeting of the call made by the Ministry of (b) not sought circumstances referred to in subparagraph.
MATTER 16 – (1) Ordinary and extraordinary general meeting, It is mandatory that at least one of the representatives appointed by the General Directorate of the Ministry.
(2) Ministry representative, meeting law, regulations, establishment protocol and checks carried out in conformity with the main contract; Call a meeting, The method is of a general assembly minutes with attendance lists and documents showing data structures according to the Ministry e.g.. Regional director, List of building use permit holder may participate in the general meeting of the participants, Attached to prepare to be a copy of the documents and submit to the Ministry representative. Ministry representative, This list by comparing the Attendee List, Decides whether a condition satisfies the general assembly meeting.
(3) accommodation expenses with departure and return path to meeting local expenses are covered by the relevant OSB.
(4) The General Assembly will be appointed in the meeting included representatives of the Ministry to be paid without legislation still in the OSB, 13/1/2011 dated 6102 No. The Turkish Commercial Code and the provisions relating to joint stock companies 28/11/2012 dated 28481 No. of General Assembly Official Gazette of the Corporation with the Principles and Procedures to be found in this meeting representatives of the Ministry of Customs and Trade Regulation on the implementation.
MATTER 17 – (1) General Meeting, Ministry representatives present and according to these regulations on procedures to ensure the quorum to do with determining whether, By organ calling opened by authorized persons.
(2) After opening a sofa chair and enough members elected from among persons who are in attendance lists presidential council is formed.
(3) Meeting the provision of management and security belongs to the chairman.
(4) General Meeting, Finalized by deciding upon the issues on the agenda.
(5) The following points are located in the General Assembly agenda:
a) Opening and selection and granting of authority to sign the minutes of the meeting of the presidential council,
b) Reading and discussing the annual report of the board of directors and audit committee report,
c) Reading the audit reports prepared by certified public accountants,
ç) Reading of the balance sheet and income statement, to be discussed, The determination of the acceptance or rejection,
d) Release of the management and supervisory board members,
e) Instead of selecting the new term of office expires management and supervisory board members,
f) Connecting the budget and program of work to be discussed and decided next year,
g) Discussion of other matters deemed necessary as long as the writing is clearly on the agenda of the subject.
(6) Not less than four participants received a building permit for at least the number of participants in total OSB quarter at least by the general meeting date 10 and other matters days ago jointly with the renewal of the elections to be declared by a notary public notification on the agenda of the general meeting.
(7) Ordinary General Assembly, matters not on the agenda can not be discussed. However, the OSB building use permit area not less than four participants minimum number of participants 1/4 Following the election of the presidency council, before being passed to discuss the agenda if a written offer;
a) Selecting the Accounts audit commission,
b) Deferment of the balance sheet of the examination and approval,
c) be called a new meeting of the General Assembly,
ç) Law, regulations, establishment protocol, cancellation of the host contract and good faith principles set forth by the Board of Directors concluded that contrary to the general assembly decision,
d) issues related to the dismissal of the election of a new Board of Directors and audit committee members and places,
Participants will be on the agenda of the General Assembly with the approval of the absolute majority.
(8) A report containing the choices and decisions made by the General Assembly meetings held to be valid. those opposed to the decisions taken at the general assembly To Give this report together with the reasons for opposition. In this report, number of votes used with the number of participants in the meeting also indicated.
(9) General Assembly minutes and attendance lists with documents indicating that duly called meeting, From the date of the meeting 15 Regional Directorate for the day will be announced at. A copy of the minutes of the suspension announced at the end of the announcement period, sent to the Ministry.
(10) Deposed management and supervisory board members elected at the same General Assembly again.
(11) substances can not be added to the agenda of extraordinary general meeting.
Meeting and quorum
MATTER 18 – (1) by the Board of Directors, The attendance lists prepared before each plenary session and signed. This ruler attendants, chairman of names written and signed by representatives of the Ministry with members.
(2) the General Assembly has received a building permit can be collected and participants to discuss issues on the agenda at least four must be present at one meeting. Decisions at the General Assembly, Participants received a building permit attending the meeting are taken by an absolute majority.
The General Assembly voting rights and representation
MATTER 19 – (1) Each participant who received a building permit OIZs have acquired the right to the General Assembly, Or represent and bind in itself is represented by an authorized representative of General Assembly. the real person from the participants themselves, Representatives of legal entities shall participate in the General Assembly if the real person was taken to show the commercial registration certificate in the year of the entity they represent.
(2) tenantry, building permit non-participants and non-participants enterprising committee members of the General Assembly may participate as listeners only.
(3) The absence of quorum provided that the replacement of the Agenda, The lack of demand or the General Assembly decision to be made or if the meeting is postponed for any reason meetings are considered legally previous meetings continue.
(4) The chairman and the execution of works with ASD's members who participated in any way, Board of Directors shall abstain from voting on resolutions concerning the discharge. Supervisory board members also can not vote in their acquittal.
(5) no participant, itself, between spouses or descendants and üstso with ASD in the meetings on a personal business relationships or conflicts outside participants can vote.
(6) Located in the organized industrial zones consisting of industrial sites established before the entry into force of the Law;
a) site building societies Industry, building societies and cooperatives operating public office,
b) Site management,
c) Located in a business and will take place in each development plan at least 3000 Each has separate parcels in m²,
ç) 3000 at least from the owners of small parcels m² 50 met parcel owner in the form of cooperatives or if the site management organization,
these are represented as a participant in the General Assembly. who will participate in the General Assembly on behalf of the cooperative building use and management of the site permit is not required.
(7) A single area of co-operatives, OSB area in which it exceeds 60%; cooperatives and site management in these OSB 100 until a representative member, each subsequent 100 also represented in the General Assembly with an additional representative for members. In addition, the sixth paragraph (c) and (ç) conditions specified under paragraph also applies to the implementation of this paragraph.
(8) representatives, Selected by the competent organs of the cooperative management of the site.
(9) If the total number of representative bodies not sufficient to establish the OSB, Are represented by representative was increased by a multiple of the number of representatives to be determined by the Ministry.
(10) small manufacturing and repair of ASD, trade, education and health services in the areas of qualification and the fact that the participants operating in a detached parcel or legal person can take place as a delegate in the General Assembly. If there are multiple businesses in this parcel; these businesses are represented at the general meeting by a representative elected from among themselves. Detached parcel size 3000 not less than m².
(11) But, The number of participants who will participate in the general assembly of the service and support area, the number of participants does not exceed 10% of the general meeting. if they exceed this rate they will determine their own representatives elected by them shall participate in the General Assembly.
(12) The sixth paragraph (c) Members of cooperatives that meet the requirements in paragraph; Certify that the termination of the co-operative partnership, In case of private land and have received permission to use the documents structure is represented as a participant in the General Assembly.
(13) represent and bind the legal entity authorized ones with multiple joint shareholding shareholders in parcels, More than half of the shareholders with the signed consent may authorize a person from the inside. Delegated natural or legal person, It represents parcel in the AGM.
MATTER 20 – (1) Voting at the General Assembly, Done by a show of hands. But, The participants decide if the absolute majority of the General Assembly, Reference is made to a secret ballot on any issue.
(2) In elections held in relation to the identification of bodies OSB, secret ballot and open counting method using cells and if the candidate polls more than the number applied to selected. In case of equality of votes, Reference is made to establish by the council presidency. This election rules and procedures, Participants received a building permit selection will be held in the General Assembly determined in accordance with the decision of the absolute majority.
The organs are not released
MATTER 21 – (1) With the adoption of the income statement and balance sheet management or supervisory board members Failure to discharge, The term of office of members deemed to have ended, and the agenda item was added to the selection is done by counting the re-election of these boards. The management or supervisory board members undischarged, re-elected to these bodies in the same plenary.
(2) also, examination of which provide basis points in order to account for releasing audit commission created or newly elected to the supervisory board, account is designated as the audit commission. Accounts audit commission, the latest report 3 Members of the extraordinary general meeting to be held within months, offers the knowledge and approval.
(3) A copy of the said report given to the rights of the defense Directors to the management or supervisory boards are provided.
(4) Directors to the management or supervisory board members in the General Assembly against the decision must have been taken in this regard is to be opened to legal liability lawsuit. Accounts audit commission report on the subject of the criminal case of a detected, supervisory board, located in the criminal complaint related.
cancellation of the General Assembly's decisions
MATTER 22 – (1) the following people, law, regulations, establishment protocol and the main issues specified in the contract and good faith basis for decisions by the General Assembly against the alleged violation, From the date of the meeting 3 within months, ASD may apply to the court in the place where found:
a) ready availability status remained opposed to the decision in the minutes of the meeting to Give a, unfairly disallowed to use game, or notifications claiming to be classified as participants or should that be done in the style of the call to the meeting agenda apartments,
b) Board of Directors,
c) The fulfillment of the decision of the management or supervisory board members as required by the personal responsibility, each of which.
(2) Action for annulment against the decision of the General Assembly opened the day matters and proceedings will be made, shall be duly declared by the board of management.
(3) annulment of the decision of the General Assembly, express provisions for all participants. If the finalization of the decision, I'm in this regard to, District Manager 5 It will be announced for the day and sent to the Ministry at the end of the suspension period.
Enterprising committee and the general assembly of the duties and powers
MATTER 23 – (1) The enterprising committee and general board's duties and powers are:
a) fulfill commitments and responsibilities to the Ministry and take necessary measures in this regard, law, regulations, establishment protocol, To perform other duties assigned by the main contracts and similar arrangements.
b) OIZs using credit to general administrative expenses, regional offices of the organization chart and the position of the staff to the approval of the Ministry.
c) Law and remove the internal regulations with the proviso that no violation of Regulation.
ç) OSB realize the objectives of the organization and an ideal way to get the necessary decisions and measures to ensure the functioning, OSB provides the use of money and other resources in accordance with the objectives of the organization.
d) Regional directorate of personnel to confirm their positions and qualifications of staff, To determine principles regarding the appointment and dismissal of.
e) to identify regional director and regional offices staff wages and benefits paid to the minimum and maximum limits.
f) to determine zoning and subdivision plans and changes to the principles for granting licenses and permits.
g) OSB board with participants, about disputes that may arise between the supervisory board and district offices, Deciding taking the opinion of the Ministry, if necessary.
ğ) Pledge and mortgage, give, fekr to decide on matters.
h) electricity needed by the OSB, its, sewage, natural gas, treatment plant, way, communication, Setting up the infrastructure and public service facilities such as sports facilities and businesses, Making the purchase and sale of the distribution of public and private organizations; In this context, production facilities, establish a joint health and safety unit and take the necessary decisions in business matters.
I) Clustering etc.. To prepare projects and / or conduct.
i) Participants of the training center to meet the need for qualified personnel and / or educational institutions to create and / or operate.
j) related to investments in banks and take out loans and issue letters of guarantee taken from the financial institutions in case of need to give authorization to the Board of Directors.
k) OSB among all kinds of technical and cooperates in administrative matters.
l) Streets and street names to determine with the approval of the Governor's Office.
m) request a decision from the Ministry of public interest.
n) It will be proposed to the Ministry to be included in the approved limit OSB, facilities for technical infrastructure and connection lines with the decision to equip the technical area.
O) Amendment by obtaining the permission of the Ministry OSB establishment protocol, When the General Assembly passed organizations OSB protocol to change as the main contract and the decision to amend the Articles of Association.
ö) General Assembly made, Selecting the OSB's management and supervisory board members, discharge to, Needed to be dismissed, The rejection or acceptance of balance.
p) OSB investment programs, approval of new investments and budget.
r) Management and supervisory board members to determine the honorarium per meeting will be paid a monthly fee or.
s) of abandonment to the OSB, the decision to expand or merging with another OSB.
s) Land allocation and sales principles, infrastructure contribution will be collected from participants or tenant, electricity, its, waste water, natural gas and other costs related to sales and service principles and determine principles for sanctions to be imposed in case of delays in the collection of these fees and the sale price.
t) Determination of representative OSBÜK.
in) Management fees and provision of leisure services, taking into account the actuation state detected by the production and construction as plot size.
ü) OSB establishment abroad, which was established to become a partner and take decisions regarding the operation of these OSB.
v) Tightening of the decision concerning the approved limit OSB.
Y) OIZ, technology development manager of the company, R & D and innovation activity center or institute located in established companies in order to, In order to meet the needs of logistics and so decided to participate in other companies can benefit from the services and the determination of the principles on this issue.
from) OSB sales of real estates and movables, the lease, Determination of the principles of exchange and similar operations.
aa) Determination of the number of independent rental section and considering the size of the region's technical infrastructure status.
bb) Trading securities will be made for OSB, infrastructure, social facilities, construction of treatment plants and projects, including the execution of transactions with its decision on all the tenders and to identify principles and procedures for the conclusion of the tender.
(2) Enterprising committee or plenary, The first paragraph (m), (n), (O), (ö), (p), (r), (s), (s), (t), (in), (ü), (v), (Y), (from), (aa) and (bb) He can not transfer their duties and responsibilities of the board of directors.
(3) Enterprising committee or plenary, Decides exclusively for other tasks and powers to be transferred.
responsibility of member bodies and organs
MATTER 24 – (1) Organs; law, regulations, establishment protocol, Within the framework of the Ministry of instructions with the main contracts and similar arrangements to carry out the management and administration OSB, take all kinds of measures and commitments to the Ministry and is responsible for the development and fulfill their responsibilities.
(2) Body members, law, regulations, establishment protocol and similar arrangements tasks assigned to them by the non-performance or improper and is responsible for damages arising from its own defects.
(3) Body members, Even if the e end tasks, It is obliged to keep trade or business secrets they have learned during their activities.
(4) Body members, goods with money and negotiable instruments in ASD provision, balance, minutes, report, book, recording and punished as public officials for crimes they have committed over documents.
(5) rights in 7 The sixth paragraph of Article (b) The duties of the public prosecution opened regarding the offenses referred to in subparagraph, The first delegation of entrepreneurs / continues until the general meeting. This decision of the members in case of dismissal or continue to work on issues of, The first delegation of entrepreneurs to do / General Assembly on the agenda. about the dismissal or duty shall abstain from voting to continue voting. This aspect of the enterprising committee / general meeting if the board would be responsible for the agenda.
Board of Directors
MATTER 25 – (1) OSB Enterprising delegation in the continuation of the mission board, The enterprising committee or general at least four of the board will select from among its members, including 5 noble 5 It consists of alternate members.
(2) Enterprising delegation of the tasks of the General Assembly that ended last OIZs, The number of board members must be decided by the general meeting at least 5 most 11 determinable. OSB said that the General Assembly and in the end the enterprising committee in the selection list of the members of the Board of Directors, OSB organizations participating in the room / rooms, and a member of the principal and given a replacement candidate from among the participants who obtained a building permit operating in OSB.
(3) Management establishes consulted in case of equality of votes in the election of board members.
(4) Participants involved in the enterprising committee and the general assembly to pass despite the enterprising committee with ongoing OIZs, board members from at least three participants who have received permission to use the structure chosen.
(5) Board members, The first meeting makes the task of selecting portions of a chairman and a deputy chairman from among themselves. Regional director, chairman or vice chairman of the board of directors can not be.
(6) OIZs, represented by the chairman or the deputy chairman. OSB bind the agent of any transaction and articles signed by the chairman or deputy with a board member or authorized by the regional director.
(7) determined by the Board of Directors represent and bind-making powers of the competent member, Enter into force by subtracting the notarized signature. An example of a notarized signature, latest 7 sent to the Ministry within days.
(8) If a vacancy occurs for any reason, the board of directors; OSB in which the enterprising committee stage, the first row of alternate members of the institution in which the person instead, In OSB made in the General Assembly that completes the remaining time through substitute members. The board of directors if it loses the quorum; the vacant position, respectively, by delay enough reserve members called the remaining board members.
MATTER 26 – (1) Board of Directors, It meets and takes decisions by a simple majority. In case of a tie, the president is as game. Meetings are held at least once a month.
(2) Conference call, made by the president and vice president in the absence.
(3) Board members can not participate in the meeting during the discussion of the personal interests of top and bottom line with the interests of participants that included third-degree blood relatives and beech with representatives of the matters.
(4) Without a valid excuse three consecutive meetings or made excuses, even if they are deemed to have resigned from the membership of members attend at least half of the meetings held within six months.
(5) Board meetings, OSB is made. decisions, Processed to the board decided to book. The decision against which members, the reasons for the decision not to sign typing below.
(6) The board of directors if the decision, ordinary and extraordinary enterprising committee / plenary prohibition on the renewal of the board can be placed on the meeting agenda. Enterprising committee / general meeting of the participants of the selection board is made as to accept the absolute majority. The elected members, Completes the remaining time.
The duties and powers of the Board of Directors
MATTER 27 – (1) Board of Directors, 23 In the second paragraph of Article enterprising committee or the general meeting referred to in paragraph excluding duties, is responsible for all business and operations tasks.
(2) a portion of the Board of Directors authorized the chairman or the deputy chairman if necessary, One of the members of the, It may delegate some or regional director. Delegation of authority, It does not remove the responsibility of the board of directors.
MATTER 28 – (1) Supervisory board, The enterprising committee will choose from among its members or the general assembly consists of two principal and two alternate members. Reference is made to establish case of equality of votes.
(2) Supervisory board members are sought in the following circumstances:
a) The board of directorate staff member or not,
b) Members of the board of directors of the ascendants or descendants or, third degree relatives but not blood or beech,
c) Not to be partnering with them to board members.
These conditions of membership with those who subsequently lost even though they carry will end automatically selected.
(3) If a vacancy occurs for any reason the audit committee membership, in the place that completes the remaining time through substitute members. Although called alternate members of the audit committee members if only to stay, current members, to do so the first general assembly task by a person located in the attendance lists call to duty. Although it is called the substitute members in case of audit committee members remain, Board of Directors, A person with membership eligibility conditions temporarily offers to the general assembly for approval by selecting the first meeting. In this way the elected members, It makes the task up to the general meeting.
The audit committee's duties and powers
MATTER 29 – (1) The audit committee's duties and powers are:
a) at least to learn the process and to ensure that the OSB on a regular basis to keep the necessary records 3 A month interim report and accounts once a year OSB, to examine the books and operations, Edit together or individually from the report, notify the enterprising committee and board of directors,
b) in which 3 ASD once a month to check the cash available to connect with the securities and the results recorded in writing,
c) Budget, -Let go of the ruler to check the balance sheet and income,
ç) The annual balance sheet together and examining the results on this point alone account or a report to the enterprising committee or plenary report,
d) Where necessary to call an extraordinary meeting of the General Assembly,
e) Participants OSB OSB OSB board members and staff examine complaints about the result of the investigation and the subject of complaints by the enterprising committee or to convey to the general assembly and board,
f) the conditions required of board members to investigate the wings they carry.
(2) they see shortcomings in the execution of work tasks within the framework of supervisory board members, law, regulations, establishment protocol, applications and those responsible for this violation of the main contracts and similar arrangements, period of the report pending the enterprising committee or plenary, responsible are obliged to notify the Ministry of the enterprising committee.
(3) Supervisory board members themselves laws, regulations, establishment protocol, given the main contracts and similar arrangements may also use their own duties and powers necessary.
(4) Supervisory board members may attend the board meetings but can not vote.
Regional offices and duties
MATTER 30 – (1) Regional directorate, area manager with sufficient consists of administrative and technical staff. Regional director, OSB is the highest authority of the administrative and technical staff.
(2) Regional director, management is appointed by the board and management work, depending on the installation. Regional director, OSB can not be the manager of another.
(3) Regional directorate; regional director, deputy regional directors, It consists of technical and administrative units. Directorate of staff numbers and qualifications of staff positions with the enterprising committee in / with the approval of the general meeting is determined by the board of directors. enough personnel to operate or service taking administrative and technical unit, board of authority and responsibility.
(4) Enterprising delegation, general meeting and board meeting agendas and call related announcements and the like are executed by the directorate of secretarial duties.
MATTER 31 – (1) Enterprising delegation to members of the management and supervisory boards, monthly or per meeting attendance fee in the amount determined by the enterprising committee paid. The total amount of remuneration to be paid this month, Determined each year by presidential state-owned enterprises and subsidiaries of the chairman and members may not exceed the net wage paid to. staff members of the delegation of entrepreneurs to the public 4/7/2001 dated 631 The Decree-Law No. 12 payments made in accordance with Article.
(2) OSB and entrepreneurs in the delegation to the General Assembly that the task of the end of the management and supervisory board members, The remuneration payable in the amount to be determined by the General Assembly.
(3) Honorarium payments than loans received from the Ministry of OSB, Made from its own resources. with multiple tasks at the same OSB organs, The remuneration is paid for only one of these tasks.
(4) bodies involved in ASD, but except for the people elected to represent dry, 631 The Decree-Law No. 12 Article public officials fall under the scope, they served as representatives of institutions and organizations; further board, supervisory board, liquidation committee, advisory board memberships, commission, He takes office with their boards and committees and similar bodies because these tasks and they made him pay any remuneration, provided that on receipt of a written statement or monthly payments can be made.
Audit and Accountability
MATTER 32 – (1) Ministry of OSB on the case or complaints it deems necessary to audit the accounts and transactions of all kinds and is authorized to take measures.
(2) with staff members of the OSB organs, all kinds of documents at the request of the Ministry, book, recording and presenting information and examples of thorough, in the desired time and give as fair, documents show the effect of money, their numbers and help the investigation, meet the demands of written information, It is obliged every possible assistance and ease of control.
(3) with staff members of the OSB organs, Elders are responsible for the loss of their flaws. These, negotiable instruments in the balance sheet effect of money, minutes, report, book and punished as public officials for crimes they committed on documents.
(4) civil servants from non-fulfillment of the obligations specified in the second paragraph OSB body member, five thousand Turkish liras with administrative fines, public officials who are punished according to the relevant legislation. administrative penalties under this article, The Ministry shall. Given the administrative fines, It is paid within one month after notification.
(5) with staff members of the OSB organs, Ministry to instructions on the results of the inspection and must comply with the measures taken for the implementation of this Regulation. The measures by staff members of the Ministry of organs with ASD to any investigation initiated on charges relating to the rights due to their duties 3 temporarily removed from office until the moon. If necessary, this period may be extended once for a maximum of three months. As for those prosecuted on charges relating begin with a verb or a task that requires severe punishment from duty until the conclusion of court proceedings may be requested by the Ministry of expulsion. dismiss staff removed under this Article, During the audit or inspection after completion of the decision of the Ministry or rights in or it is judged not to prosecute unless the conviction to be decided, return to the office to complete the remaining term if.
(6) Although the Ministry of written warnings to fulfill the tasks specified in this Regulation, members of the task to end their organs OSB, It is decided by the court upon the request of the Ministry. Trial, According to the proceedings is made simple.
(7) OSB bodies involved in the civil administration supervisor, own investigation for crimes related to their duties, Impeachment procedures and is subject to prosecution.
Personnel qualifications and employment
MATTER 33 – (1) Regional directors and regional office staff 22/5/2003 dated 4857 be employed according to the Labor Law No..
(2) Staff, 31/5/2006 dated 5510 No. Social Insurance and General Health Insurance Law is subject to.
staff employed in OSB using credit to general administration expenses
MATTER 34 – (1) OSB staff wages can be credited for using credits from the ministry of general administration expenses, Regulation of the table in Annex 1 were identified in annex. Enterprising delegation; The merit of staff, experience and will be applied according to the decision of fees and other matters concerning the determination of the amount of benefits, sends to the Ministry within one month at the latest. payments are not credited, except for the amount determined by the Ministry.
(2) Fees on, The following requirements shall apply:
a) The new entrants or re-hiring retired personnel involved in OSB, titles across first-degree charge is paid.
b) Two charged with seventh degree of the field staff, each degree 2 After working for years promoted to a higher degree.
c) Coefficients and an additional amount, According to the public in the decision of the President of contractual staff working as contract applied to the gross wage growth rate is applied in a variety of status updated every year.
(3) The OSB staff, Apart from the fees paid;
a) 30 June and 31 in December 2 time in a month salary bonuses,
b) Fill in the year to staff 31 What in December 565,34 Turkish lira-kind clothing allowance,
c) Staff case of death, Show that anyone with a health report, if he has not let his wife and children, If mother and father to them, The most senior civil servant pension if their brothers in (including additional indicators) double the amount of death grant,
ç) What Worked For every day 10,11 Turkish lira food aid,
(4) Hiring new staff entering the OSB, Following the trial period specified in the contract of the social assistance, Benefit in proportion to the number of days worked. The death benefit is not subject to this provision.
(5) OSB can be credited for staff wages; the service contract, and the regional director of the organization involved in the development and control must be sent to the Ministry of undertaking inspection services, patches and fixes.
(6) benefits payable to ASD staff, It will be increased each year by the Treasury and Ministry of Finance issued by the revaluation rate.
(7) General administrative expenses and fringe benefits of staff in the use of credit OSB, It is determined by the OSB.
MATTER 35 – (1) OSB enterprising committee in using credit to general administrative expenses, Board of Directors, audit to be made of OSB board member of temporary staff outside the municipal boundaries runner travels notifications, 10/2/1954 dated 6245 Allowances issued in accordance with the provisions of Law No.. General administrative expenses in the amount of per diem OSB OSB who do not use credit for entrepreneurs delegation / is determined by the General Assembly.
And parceling Zoning Plan, Licenses and Permits
making development plans
MATTER 36 – (1) Development plan, characterized in that the OSB according to the conditions and requirements set by this regulation considering industrial plots, common areas, service and support areas, health protection zone and takes place in conjunction with land-use decisions like.
(2) OSB remaining in the ownership and common areas deemed necessary administrative, social, commercial and technical infrastructure with the treatment plant area and the total size of the parking areas are separated by at least 8% of the area. However, under a plan approved it has completed the building and common areas in OSB below this rate, current ratios acquired right accepted. These OSB, If there is extra space for the purpose of site selection, at least 10% of the added area is allocated between the common areas. CACS = 1.00 is available in public areas unless otherwise provisions, h = height = free, Make a minimum approach distance 5 and meters.
(3) the approved zoning plan, ownership of the common areas of OSB, Is above the 8% of total area size and whether there needs to be specified by OID and if the necessary cases documented in related institutions; parks and parking areas remaining above 8% excluding reinforcement areas assessed in accordance with the needs of the ASD.
(4) OSB in the zoning plan, Of size not to exceed 10%, small manufacturing and repair for participants or tenant, trade, separable services and support for education and health services. But, These areas, The common areas are not considered as, Provision does not apply if the subject of zoning modifications, 3000 small parcels can not be created without m². Service and support area separated small manufacturing and repair areas, except in those areas unless the contrary is a provision CACS = 1.00, h = height, free, Make a minimum approach distance 10 m, Released as. Small manufacturing and repairs in the area, minimum 10 m. open work space separation, h = 12.00 does not exceed the meter to be approved by the regional directorate with the condition according to the general layout application is made.
(5) OIZs, construction conditions in the parcels, Peer: Floor Area Coefficient = 0.70; height: h = free, It is determined as the height required by the production technology. Development plans in the construction phase; the overall natural structure consists of structures or of their thresholds prohibited area can not be opened up to 40% of parcels to construction and support areas and services reserved for situations where, precedent = 0.75 and h is conditioned as the free.
(6) structuring conditions if provided in at least the communal areas plan OSB with existing zoning plan, replaced with the above ratio.
(7) Law temporary 5 According to the article, which was established in OSB, industrial site workshop heights 12 not exceed meters. licensed in the structures above this height vested rights reserved.
(8) Peer (TWO), structure of the plies is the number obtained from the ratio of the total area of the parcel. Building precedent in determining the; all remaining buried facades, then hafredilerek irreversible release basements % 50'and, kat asthma, The sum of all floors and the roof pull off overhangs can be used include solid calculated. This account; installation sections, skylights, fire escapes, woodshed, parking is not participating in the shelter and the basement or roof.
a) Arising from the plot of ground level remains below the road grade elevation ground level and a second path to the front of the parcel without basements % 25'I precedent is included.
b) In sloping terrain, A second way, which is around the corner or to the front, parcel of ground elevation than the road 3.00 m, which is higher or lower in the basement and forced more than one parcel to be done, The ground floor level of the underlying basement, From the lowest point of the road corner plot in red jeans 0.20 whether the first basement beneath the ground floor of the building to remain above base elevation condition % 50 and, Other basements % 25 i precedent is included.
(9) This Annex-2 in the annex can not be changed without the approval of the Ministry to withdraw distances given in the table. But, Even if technical reasons documented environmental green production plan should be composed necessity for the realization of productive investment and parcel inside the ring road which consists of total exceeded the minimum distance.
(10) Withdrawing from the front longitudinal edge of the parcel using the "I" coefficient applicable to a sub-parcel-type towing distance of not less than 4. Despite minimal 30 m. Failure to provide the building depth 3000 -5000 sqm plot type of drawing distances applicable. Practice will be held parcels;
It will be calculated by the formula.
I = Coefficient of less than 4 in case of a sub-parcel-type towing distance applicable.
Parcel G = Width (Long Edge)
Side Towing Distance of O = Total
Plot D = Depth (Short edge)
X = Front Garden and Backyard Drawing shows the total distance.
Zoning plan approval
MATTER 37 – (1) Freelance writers or plans prepared by city planners in OSB development plans, ASD to bind submitted to the Ministry for approval by authorized persons.
(2) connected to the evaluation and decision by the zoning commission proposal development plans, As confirmed by deemed appropriate by the Ministry of e-signatures. Development plans approved by the Ministry Governorship (Provincial Directorate of Industry and Technology) ads in places determined by the Ministry and will be announced on the website for one week. Ministry put into effect by the end of the suspension period and provide information to relevant institutions.
(3) Objections to the plans can be announced in a week's time. Objections to the Ministry and / or the Governorship (Provincial Directorate of Industry and Technology) makes. Provincial administrations made as to whether the appeal to suspend operations at the end of the plan, Since the end of the suspension period 3 be notified in writing to the Ministry of workdays. The Ministry decides on appeals and plans are examining within fifteen days. Appeals assessment of the Ministry of OSB board's opinion on the matter is taken into account. Failure deemed appropriate from the date of the appeal decision 15 Concerned will be notified by post within days. institutions are informed about the Ministry finalized zoning plans OSB.
(4) Appeal results, outside the approved plan participants who contested the errors corrected or the adjustments made on matters that directly affect not be subject to re-suspend operations.
Zoning plan amendment and approval
MATTER 38 – (1) Plans can not be the main decision-wracking changes in plans.
(2) Service and support plans for building renovations, OSB is made of the places in the ownership and savings. Industrial site building cooperatives, this requirement on the small manufacturing and repair services and support plan does not apply to requests for proposals for renovations.
(3) The ratio of the size of the common area in the development plan OIZs lower limit specified in this regulation within this field of planar manner to the corresponding divided area to protect the user if the area subject to change balance.
(4) and installation and connection lines with mandatory take place in areas where technical equipment areas related to technical infrastructure incorporated into the appropriate boundaries observed and approved by the Ministry for OSB operations, Reconstruction can not be subject to another purpose to be converted into.
(5) approve changes to the zoning plan, hanger, objection, on the evaluation and distribution of objections 37 Article shall apply.
(6) Participants from the date of application, although it is referenced by OSB binding decision within three months of any development plan and changes are taken into consideration by the Ministry in case of application of the participants. whether its opinion on the application of the Ministry OSB evaluation stage. OSB is obliged to inform its opinion on the application to the Ministry within fifteen days. Applicants subject to zoning plans and changes are sent to take decisions in case of OSB is not endorsed by or officially acknowledged by the Ministry Ministry.
And parceling plan change approval
MATTER 39 – (1) subdivision plan prepared by the OSB operations and changes; It is presented to the Ministry together with the relevant information and documents.
(2) and adds a copy of the text prepared in accordance with the development plan and approval of the Ministry and deemed appropriate subdivision plan changes, It is sent to the email address specified in the application.
(3) OSB is referenced by the participants in the case of connecting to any decision within three months from the date of application parceling plan and changes are taken into consideration by the Ministry in case of application of the participants. whether its opinion on the application of the Ministry OSB evaluation stage. OSB is obliged to inform its opinion on the application to the Ministry within fifteen days. sent or officially approved by the Department of the Ministry Application parceling plans and changes the subject to take decisions in case of no suitable OSB.
(4) OSB approved development plan based on the embodiment boundary limit in stages when necessary to ensure the integrity of the application is determined.
(5) Edit the field of application of the maps made or revised the subdivision plan and change file operations, 26/6/2018 dated 30460 published in the Official Gazette dated Large Scale Mapping and Information and Production Regulation 6/8/1973 dated 14617 No. Subject to Registration to the map published in the Official Gazette and regulated in accordance with the regulations and plans submitted to the Ministry along with the board decision.
(6) In the remaining embodiments limit the use and development plans change decisions changed cadastral roads and parks made any consideration on behalf of the introduction of any unpaid OSB. development paths and parks with parceling plans and change procedures are abandoned from record. Administrative and social facility areas, places of worship, fairgrounds, education, health and other areas to be reforested areas with, registration is made of artificial ponds and health protection tape. saving public place within the borders OSB OSB belongs. Recreation areas are also treated as areas to be reforested. physical files that belong to the approved subdivision plan and the change process with the Ministry of e-signatures, OSB is sent by the Cadastral Office. After completion of the registration process in the Land Registry Directorate, registration information is sent to the Ministry by the OSB.
Methods for making development applications
MATTER 40 – (1) in accordance with the finalized development plan, entering into the regulation of land development plan; OSB private and expropriation by completing the zone to make registration of the title deed, 3/5/1985 dated 3194 Reconstruction of Law No. 15 and 16 Article allocation parceling the nature of the transactions carried out in accordance with the map.
(2) If there is a selected area of the OSB subject areas on private property, It said places purchased or expropriated consent on behalf of the acquisition OSB, impassable zoning application stage. One of the remaining immovable in space OSB, It can be excreted with the approval of the Ministry, subject to the owner's accaptance.
(3) The choice of location within the region confirmed that, Be allocated Terms commitments that investors hold will accept determined by the Ministry of this Regulation and Annex 3 annex with the condition are not certified covenant notary contained in this immovable property belonging to investors is included in the nationalization without zoning application. In this case participants, Zoning application performs as a result of the investment commitment on the parcel allocated to him. Otherwise, taking the consent of the OSB or expropriation by said parcel is allocated to another investor.
(4) planned to be partially or completely before the OSB industry ad, project area buildings or barren land, or land distributed to private ownership, OSB expropriation due to budget possibilities in front courtesy of the Ministry of OSB can not be held 3194 Law No. 18 reconstruction is applied pursuant to Article.
Monotheism and excrete
MATTER 41 – (1) Participants to the allocation made, making or selling can be made amalgamate two or more parcels. reasoned decision of the board and amalgamate plots allotment process, general layout, Ministerial approval is received with the registration statement and suspended expelling the process enters into force.
(2) allotment of industrial plots can be made in the following cases:
a) Participants assigned to or vested yet sold plots in the OSB, OSB in order to meet the needs of small parcels,
b) Participants assigned or resold plots, The participants can not undertake to perform all the meat plant, allotment result will consist of surplus land and commitments agreed to transfer to ASD, with the proviso that think that making notary notarized document,
c) Consisting of more than one discrete manufacturing plant and corporate partnerships deteriorating allocation or resold plots, participating companies in the event of separation or death documented by documenting the condition of the joint heir with my inheritance,
ç) Participants were assigned to or owned by participants and activities should be done in the independent production intended parcel parcel, That made allotment land speculation purposes and commercial purposes identified by the use of OSB and reasoned decision that this matter be specified exclusively; the parcel will occur after allotment by participating in this Regulation taking the construction license within a year to provide the specified structuring conditions from the date would begin construction and building permits accept the resumption of production in two years and that he is committed to the notary with the condition to provide notarized document,
d) In case of immovable property purchased by the creditors of the institution at the request of creditors institutions,
e) Ownership of shareholding owned parcels in receipt of shareholder approval of all shareholders provided that the activities of its participants so that they can continue on a separate parcel,
OSB reasoned decision and be done with the approval of the Ministry of allotment. Allotment will occur resulting in parcel size, at least with ASD approved zoning plan 3000 m² plot size is taken into account.
(3) Monotheism and refining result in parcels will occur, According to the new zoning plan to withdraw from the plot sizes are applied.
Building permits, certificate and operating license for opening a business and building use permit
MATTER 42 – (1) According to the land use zoning plan came into force, Design of buildings and facilities, construction permit for the construction and use, Building permit 3194 No. Within the framework of the issues stated in the regulations relating to Zoning Law; The business and working license 3572 No. Workplace Opening and Operating Decree Law on the Adoption of the Amendment to the Law Concerning the license is issued by the OSB and the matters specified in the framework of relevant legislation issued under this Act and monitored.
(2) building permit issued by the OSB, opening a business license and building use permit and operating license, together with the management proxy signed by the chairman or a board member or authorized regional director.
(3) Projects with the aforementioned structure is also characterized by the conditions and the desired scene by additionally OSB, related projects prepared by engineers, reports and documents adopted by the Ministry of Urbanism and Environment and determined drawings and standards issued, prepared by the Turkish Standards Institute standards and must comply with all relevant regulations.
(4) Commercial opening and opening a business during the granting of operating licenses and fees for the operating license, OSB be collected by the respective municipality or province deposited in the account administrations.
The principles related to building and construction
MATTER 43 – (1) In industrial plots; Parcels of 1/4 less floor area can not be produced from the project. In case of amalgamation of plots consisting amalgamate results, this ratio is sought in the new parcel. But, OSB precedent reasoned with total investments by using their right to request to be taken if deemed appropriate by the General Directorate of the Ministry of the investments made subsequent approval Authority 1/4 floor area ratio is not required. other principles and operation of the projecting structures shown below:
a) exposed studies;
1) Participant, located around the top and operate in enclosed workplaces. However, the nature of work requires and received permission from the OSB, parcel inside the ring road and the environment so as to turn off the green, It can operate in the open, subject to all necessary measures to avoid disturbing the environment and pollute. But, workspace can not parcel at the front of.
b) Environmental green;
1) green for the environment, They can not build anything except green parcel perpendicular entrance ways. These areas are used as parking and loading and unloading areas, and so on. It is mandatory in environmental green landscaping. on these areas, transformer building with guard house, generator room, transformer, treatment plant with those areas below ground level and higher greening to condition, solid waste and water storage tank can be built.
c) İçyol on;
1) Parcel içyol minimum 5 m in width and it will be designed to ring.
ç) loading and unloading areas inside Parcel;
1) The suitability of the proposed project on performing loading and unloading of industrial plots, OSB gives decision. And parcel of the art OSB path inside the path of dust and mud and the like are coated with a material suited to prevent the migration and drainage is mandatory.
d) Parcel inside open storage areas;
1) Outdoor storage areas, only the environment green building plots inside the ring and in areas permitted by the OSB may take place outside the road.
e) Exterior views;
1) The external appearance of the building, Plastered wall material as required, painted or coated.
f) The garden and retaining walls;
1) The garden and retaining walls in compliance with the relevant conditions of the proposed project to look inside the parcel, OSB manufacturing and allows the use of infrastructure decide to not restrict the intervention.
2) garden walls of plants operating in the defense industry, It is built in accordance with the relevant legislation.
3) Allocation of plots made between the technical requirements for slope arrangement because of elevation differences with the location of the plots, Making the retaining wall in terms of providing security of life and property liability belong to their respective participants. The findings in this matter OSB board of directors is made in Dispute. This according to the parties identify a contribution to the cost of building the wall is determined. The walls of the building participation fee charged at, The facility is not taken into account any of the participants of whether the activities.
g) support units belong to the participant;
1) which it is necessary for the operation of the plant and operation, LPG tank, fire water reservoir and treatment plant and similar support units on the parcel can not take place inside the ring road or the environment green. Other than that, the suitability of the location of the parcel, OSB decision based on data related legislation.
ğ) Participants of the administrative unit;
1) Industry participants in the administrative unit on the parcel; Provided that the total construction rights of the plot remain within the available space in the building construction can be done independently. However, the said total construction area of the administrative unit, The total construction area of manufacturing units can not exceed 25%.
1) the Rain, solar and wind compartment made from lightweight materials in the building adjacent to protected without walls, console cover are made in the form as open on three sides. apart Malar, green and environment 5 It can not take place on the meter ring road. The appropriateness of the side and rear facade project is decided according to a report by the provincial government appropriateness of the author.
(2) jeans are given in the following ways the facility to be built in Parcel:
a) Flat terrain; Red denim jeans take the path that parcel 0.20 m is provided at ground level to stay above the parcel. Building ground floor base elevation, it will remain under jeans and a maximum + 1.20 To be given up until the m in.
b) In sloping areas; Ground level is high or low in the plots parcel by way, red jeans the way +/- 3.00 It can not exceed more than m. However, compared to the road 3.00 Ground level is high or low in the plots plot of m is determined by the measurement in place OSB.
The structures built in violation of license
MATTER 44 – (1) OSB entity, ASD is responsible for the construction according to the regulations and zoning plans. OSB'ce, The structure was determined that held licenses to illegal or unlicensed, that participants identified for the construction remedied the situation in the moment 30 days given.
(2) Unless tailored to the expiration of building regulations, The construction of this case by the OSB 3194 In accordance with Law No. contiguous area within the boundaries of municipalities and municipal, outside the governor's office reported. administration concerned about unlicensed or license violation is made shall be determined by, 3194 Law No. 32 Third and 42 transactions were in accordance with Article facility and reported to the Ministry of OSB. Demolition, made by the governor or district on the instructions of the Ministry. Demolition fee, paid by the building owner to perform the administrative demolition.
siting in private OSB, and changes in the zoning plan
MATTER 45 – (1) And changes in the development plan prepared, municipalities within the municipal borders and adjacent areas, municipalities and with the approval of the Governor adjacent areas outside the boundaries of approval, hanger, objections to the plan, This Regulation on the evaluation and distribution of objections 37 Article shall apply. However architectural design is not subject to OID projects that require special construction conditions laid down in this Regulation.
(2) Special architectural design proposals that require special OSB; During the site selection application submitted to the Ministry with the site plan and preliminary projects. Ministry commission set up in the selection of these proposals by the characteristics of the project enables the evaluation.
MATTER 46 – (1) Zoning plan and subdivision construction plan, revisions and changes related to matters that are not specified in the regulations, 3194 All except the provisions of Law No. spatial standards and regulations of the relevant principles are applied.
Support and Financial Matters
The cost contribution
MATTER 47 – (1) Institutions and organizations involved in the formation of the OSB, organizations before and after expenses are met jointly. OSB, enterprising committee constituent institutions and taking into account the proportion of shares in the organization of the annual investment plans of the organization protocol. Institutions and organizations involved in the formation of the OSB; The estimated budget amounts determined in OSB, organizations are obliged to pay at the rates specified in the protocol and duration. Paid shares are non-refundable.
(2) The payment terms and conditions of participation shares determined in the establishment protocol. litigation on this issue is resolved by the civil court.
(3) The amount of shares of loans in the Ministry of OSB using credit loan installment can not be less than the sum of the current year.
Support the principles and procedures
MATTER 48 – (1) The source of loans and loan interest subsidy, The establishment of OSB, Ministry of construction and consist of appropriations in the budget for the operation.
(2) use the loans to be granted by the Ministry of OSB and considerations regarding the refund is determined by the Ministry of Treasury and Ministry of Finance jointly prepared with the principles and procedures.
(3) Ministry, credit and payment terms, law, regulations with procedures and principles within the framework of the reconsideration, To make changes at any time, It is authorized to put additional requirement.
(4) OIZ, law, Ministry fails to comply with the provisions of regulations with procedures and principles, Stops credit payments.
MATTER 49 – (1) OSB using loans from the Ministry; The Bank's local branches will be opened in the credit account shareholding, shareholding in the loan allocation instruction, The actual loan payments are made after depositing amount of the loans at the rate of. OSB credit shareholding account, Used by board.
(2) shareholding in the credit account using credit from the Ministry OSB; primarily tax expense, commission, The rest has come to maturity debt principal payments and interest credited are not used for other expenses.
Credit usage and types
MATTER 50 – (1) It opens with a succession of types of bank loans to the loan agreement signed between the Ministry OSB.
(2) available credit allocated upon submission of bank debt to be issued by undertaking a sneak allocated according to the instructions given by the Ministry of OSB.
(3) May arise during use of the loan and repayment, All costs except for expenditure in this Regulation shall be borne by the OSB.
(4) The deduction can not in any way advance loans.
(5) Located in the event of demand for OSB Investment Program, required for activities and be given credit for the portion up to all of the project may be deemed appropriate by the Ministry.
(6) loans granted by the principles and procedures developed and infrastructure requirements for the first time with ASD and normal regions. In the following sections will be applied in the form of new projects and extension increase in interest rates amount to be determined in the principles and procedures.
(7) For the purposes of the Ministry supervises the use of credit and debit transactions with instructions to give directions to be given in writing.
(8) Credited to the size of the premises of regional offices located in Annex 4 shall be determined by the Ministry to overcome m² in the table. Regional directorate building services exceeds m² size exceeds specified in the table can not be credited.
(9) credit from other internal and external sources can be used if needed also by OSB.
(10) Way, its, sewage, power grid supplied by the Ministry crediting of overheads at least 50% of the total area of the completion of the construction industry has been allotted is stopped or in case of OSB.
MATTER 51 – (1) Loans collateralized mortgage as a first degree and, title deed "in accordance with the intended use of the credit" and giving commentary OSB year in the amount allocated to cover the loans made by the bank facility as it is on behalf of the Ministry.
(2) Credit guarantees will form the plot of land and, A detailed breakdown by loan beneficiaries, Notified the bank approved list. and lands on behalf of the Ministry specified in the list generates the necessary bank guarantees.
(3) OIZs meet the collateral securing the loans with the plot of land owned property not yet in OIZs, Real estate belonging to institutions and organizations that make up the block on the OSB on cash in the bank or mortgage can be placed in resort.
(4) that disputes over land and the land is excluded from coverage, coverage of the conflict are taken into finished.
(5) Bank, It will take the appropriate action according to the instructions of the Ministry for the abolition of mortgage on land sold by binding to advance or letter of guarantee.
(6) Bank, Failure to timely repayment of the loan or the fulfillment of contractual provisions, Makes the necessary procedures.
(7) The return of the Correctional OSB OSB OSB and those with partners who want to provide infrastructure integrity OIZs; second and third paragraphs of this material as in the application of rules as the guarantee of the credit, Regulation in this Annex-5 can also be considered as a guarantee undertaking. 4562 Law No. 16 Article according to entrepreneurs received delegation / decision based on the general assembly of infrastructure participation fee refund of credits allocated by the participants provided OSB. Taken enterprising committee / general undertaking given by the Board's decisions can not be changed without the permission of the Ministry of Treasury and Ministry of Finance.
Credit interest rate support
MATTER 52 – (1) loan interest subsidy to be granted by the Ministry of OSB and considerations regarding the payment is determined by the protocols to be signed between the Ministry and banks.
(2) The minimum investment amount fixed for each of the OSB investment projects to benefit from loan interest support;
a) for investments to be made in the priority regions 618.650,
b) for investments to be made in the ordinary regions 866.110,
c) In developed regions for investments to be made 1.113.570,
(3) Each of the fixed investment amount of money the total accrued interest on loans to be extended or profits interest payable or dividend amount for the portion up to seventy percent of the total share of OSB investment projects that meet the minimum fixed investment amount by 2.598.330 shall not exceed the Turkish Lira. The total accrued interest or dividends loans to be paid for the amount of up to seventy percent of the interest or dividend support;
a) For investments to be made in Turkish Lira denominated loans in priority regions 7 scores,
b) Turkish lira denominated loans for investments to be made in the ordinary regions in 5 scores,
c) Turkish lira denominated loans for investments to be made in the developed regions 4 scores
(4) minimum one year term Turkish Lira denominated interest subsidy on the loans from the banks for investment projects OSB, The Ministry also deemed appropriate as long as the maximum to be paid for the first five years, affordable budget facilities in line with the budget resources.
(5) Interest support credits will be applied minimum 6 The principal month grace, interest subsidy reimbursement is made in six-month periods.
(6) The minimum fixed investment amount and the amount of interest subsidy to be determined each year based on increased Treasury and Ministry of Finance issued by the revaluation rate.
(7) Interest support application:
a) shall apply to the bank in order to use the credit for expenditures to be carried out under the investment period OIZs wishing to benefit from the interest and support of investment projects.
b) Loan applications, the project is evaluated on the basis for the overall banking legislation by banks. Interest support from the Ministry after the credit granted pursuant to the OSB demand may claim.
(8) Interest support;
a) Other public agencies and institutions disbursed loans or subsidized from public funds,
b) Used machinery and equipment,
c) 15/6/2012 dated 2012/3305 Leveraging the Council of Ministers dated investment spending and put into effect in the interest support under the Investment Decision on State Aid,
ç) It established or to be established by the OSB investment expenses of real estate investment trusts,
It does not apply to.
(9) Interest expenditure investments benefiting from support, can not benefit from the support of other public interest organizations and institutions.
(10) In the interest on borrowings, and amortization of principal by the OSB if the repayment plan as stated in the, The first payment made, Notified to the Ministry as soon as possible by the banks concerned and the Ministry of the interest support payments stopped. OSB loans that fulfill their repayment obligations in case of later submitted to the Ministry by the banks concerned, interest rate support payments are resumed without going to any extension of the originally foreseen dates for payment periods following the notification that. ceased to pay interest if re-hitch support of the obligations of loan repayment.
(11) Banks, For the purposes of the loan granted by interest support is required for OSB project capital expenditure. The aim of the event is determined by the bank that loans used outside, The amount paid by the Ministry OSB, the relevant bank shall be determined by applying the rate of interest or profit share that apply to credit the amount within this scope, The Ministry's Central Audit Office to be recorded as revenue in the budget within five business days T. C. It must be credited to the account in the Central Bank.
(12) Ministry, loan interest support points, payment terms and conditions, law, under the provisions of the regulations and protocol again to reconsider, And it is authorized to make changes where necessary to put additional requirement.
OSB audit of the accounts and transactions
MATTER 53 – (1) certified public accountants to examine all types of income and expenses which the movement of accounts and transactions of OSB, Held the year following the audit report completes the review period until the end of March. The latest completion date of the audit report that the following 15 certified public accountants in the day, audit reports of the enterprising committee / chairman of the board and general assembly with data simultaneously to the Ministry and send it to the Ministry.
(2) OSB accounts, 6102 No. The Turkish uniform accounting system kept according to the principles specified in the Commercial Code in the mandatory book keeping and monitoring.
Land Allocation and Sales, Hire
Assembly plants will
MATTER 54 – (1) OIZs, The following facilities can not be established:
a) Mixed and specialized OIZs;
1) Crude oil refineries,
2) Where liquefied and gasified coal or oil shale plant with the plant asphalt plant,
3) Liquefied petroleum gas filling and storage facilities,
4) Cement factories, concrete plants, plants producing cement Klinger,
5) Nuclear power plants and other nuclear reactors,
6) the storage of radioactive waste, disposal and treatment Search / projected radioactive waste facilities and similar facilities, in order to convert the final product,
7) facilities related to production or enrichment of nuclear fuel,
8) Industrial quality, bilge and waste water recycling plants like,
9) facilities operating in areas that are not specified in the protocol of institutions Specialized Specialized OSB OSB, except for facilities producing energy from waste as a result of its production activities.
b) In mixed OSB;
1) Flammable / explosive / the oxidizer is produced, stored and where the filling plants,
2) Petrochemical complexes,
3) Production in a closed process, excluding plants using gaseous or liquid fuels and sources of dust filter systems; brick and tile factories, Coal washing lime, gypsum and grinding plants,
4) The chlor-alkali plants, sulfuric acid, phosphoric acid, hydrochloric acid, Locations producing chlorine and similar chemicals, integrated with the nitrogen fertilizer plant industry as,
5) asbestos, The facilities in the processing of products containing asbestos or recycled,
6) Leather processing, paddock and made only slaughter facilities,
7) Raw areas except for facilities that use closed source and filter systems in dust; talk, grass, calcite, crushing and grinding plant of antimony mine,
8) Solid waste separation plants and any waste of the final and / or intermediate storage and / or toxic to plants for the buried land, medical and plants for the incineration of hazardous waste and disposed or by chemical route to purified,
9) OSB is a legal entity established for the participants and their needs / boards, except do, solar and wind electricity generating facilities,
not be established.
(2) From this provision, the fulfillment of the provisions of the applicable environmental legislation and other participants in the activities of all the measures to be taken by the OSB adversely affect the condition of managements;
a) Used oil re-refining and / or converted into another product of reusing waste and scrap are individually selected from intermediate or final product translates plants,
b) Forestry, energy plants using agricultural and wastewater treatment plant sludge as a raw material to vegetable wastes,
c) OSB with the proviso that the technical infrastructure of OSB, facilities will be established for the disposal of solid waste and sludge from their joint treatment plant,
(3) Except for first and second paragraphs, In mixed OSB, Within the framework of the protocol establishing the organization planned OSB sectors, current industry structure, The plant will be set up infrastructure and its impact on waste water treatment plants, Instantly trigger any negative effect, considering issues such as the impact on people's working and living conditions of the institutions will be decided within the framework of the relevant report.
MATTER 55 – (1) allocating Land, approved subdivision infrastructure in the area completed according to plan, the enterprising committee or general assembly of the principles that determine the management is done by the board. However, incomplete infrastructure in areas approved by the subdivision plan; Although incomplete infrastructure 60 consent can be provided for land allocation will also be taken to comply with the period specified in Article Inc..
(2) Yet allocated or sold in parcels OSB website is published and updated continuously, OSB board are not deemed to have been issued to bring his duty.
(3) natural or legal persons who request the allocation of land shall apply in writing OSB. Allocation requests 30 Finalized within days. Rejected the request for a reasoned and written request with the Ministry and now 15 Notified during the day. Inquire if there are appropriate, parcel price allocation are based on the date of application and the relevant parcel is allocated according to the size of the space needed by the investment notified in writing. allocation Land, the subsequent allocation decisions by the board of directors OSB 10 It is notified in writing in the relevant business days from the date of notification and 15 Finalized with the signing of the type of land allocation agreement within days. Since the date of notification 15 allocation decisions deemed invalid if not signed in demand for owner-day contract.
(4) demand for land allocation of foreign participants, 5/6/2003 dated 4875 Direct Foreign Investment Law No., 22/12/1934 dated 2644 Land Registry Law No. assessed within the framework of legislation and other provisions.
(5) Ministry of credit referred to in this Regulation, except for use, allocation or sale of the parcels on participants with ASD without the consent of the legal entity by no means a natural or legal mortgage in favor of third parties, transactions can not be established as hostage.
(6) In any case, to be allocated by the OSB or sale will be held the mortgage on the plot, pledge etc.. natural or legal persons should be allocated to process the parcel if there are aware of this situation. Also parcel mortgaged, pawned etc.. Where issues of land are required to take part in the allocation of contracts.
(7) ASD because of the technical infrastructure services will make needed infrastructure and superstructure facilities for the realization of public or private institutions and organizations to be governed by legislation if necessary the transfer of ownership in this facility, enterprising committee or the ownership of land by the decision of the General Assembly delegated to the relevant public or private institutions. In this context, the transferred land ownership, If the end of the cycle aim and purpose can not be used outside, OSB years in this land are transferred to the entity.
Contract arrangements and land cost
MATTER 56 – (1) OIZs using credit, land allocation in, prepared by the Ministry of types among the participants with ASD "Land Allocation Agreement" regulated. Information is given to the ministry in the first week of the month following the date of finalization of the allocation of land.
(2) A copy of the contract land allocation in OSB using credit related to bank branches, A copy is sent to the Ministry.
(3) The unit cost of square meter parcel; infrastructure has been completed and all new business in the past OSB, additional investment costs and current expenses of the accounting records reflected the land from the date of considering the date of the expenditure of each expense item sales price for the period up to the date of finalization, 213 The total amount obtained by updating with the revaluation rate determined in accordance with the Law No., It is calculated by dividing the total industry. Land sales process with the first day of the year that includes pro-rata for the period between the date of sale will be held in the revaluation process, 213 The revaluation rate determined in the current year is used in accordance with Law No.. The entry into force of the revaluation rate 1986 In the calculations for the years up to the year coefficients are based on the contractor license. The unit cost of square Found %25 square meter parcel unit sales price is determined not to exceed more and land allocation or sale is made to exceed this amount. Infrastructure investments in ongoing OSB, investment and other costs are calculated and estimated expenditures for the remaining commitment is taken. In this way parcel square unit cost calculated in, Updated based on the revaluation rate. According to the update is not performed if it is determined in foreign exchange rate revaluation unit cost of square parcel. When construction is complete OSB difference between the final price and the estimated cost of land, It is added to the sales price of land.
(4) Currency denominated unit cost of square meter in the designated OSB, unit sales price of square meter parcel; Turkish Lira unit cost of square meter parcel amount of money %25 It is determined to exceed more. To date, the exchange rate will be based, sales of parcels that takes place annually T. C. The Central Bank of the first trading day.
(5) Why is allocated sums to be collected in advance qualifications are included in this amount of down payment that will be received from land sales.
(6) Construction continued OIZs, sums which are collected from the remaining debt amount and allocation of the sales price of participants, Dates in ASD's accounting records are updated based on the revaluation rate.
(7) According to this article square meter parcel designated unit cost and unit sale price of square meter parcel, Published continuously updated and notified to the Ministry of the OSB website.
Land allocation and sales revenue
MATTER 57 – (1) Ministry uses credit OIZs, land allocation and regarding the amount of the sale is performed by the following processes:
a) OSB, allocation of land will be allocated to the participants and the sales price of the bank's local branches will be opened in "Land Sales Account" tilts. Credit debt is paid up to follow this account bank, or credit allocation by the amount obtained from the sale allows the installments paid on maturity.
b) In case the amount obtained from the sale of land allocation and the board is determined that the deposit; In the case of the down payment amount from the date of the sales contract, Bank for the period until the date of the installment due date yatırılış, Ministry of favor 21/7/1953 dated 6183 The Law on Collection Procedure of Public Receivables 51 Pearl applies default interest based on daily basis for the duration of the rate specified in the article and saves late in revenue collection following the General Budget.
c) OSB amount gained from the sale of land, Provided that the grace period and then in the absence of debt associated with the installment dates, banks are evaluated in term accounts to be opened in the local branch. to deposit the amount in this account, primarily tax expense, commission, Matured principal installments, for the return of interest on the debt and the cost of land allocation canceled, OSB is used for the remaining works.
ç) allocation of land from OSB or sales made by natural or legal persons of speculation failure and the declared industry facilities in the OSB shall take all necessary measures to establish within a reasonable time and the parcel of land records "repurchase right" commentary on the liner notes. on Land, The right to repurchase is not removed from the commentaries production unless and until the title deeds.
MATTER 58 – (1) OIZs, Participants made from land allocation;
a) Allocation letters of guarantee fee for the remaining debt to those who pay the lump sum or the allocation cost,
b) ASD will be determined as the plot indicating the exact costs will participate as a Limited representative notarized objection to other investments,
that of OSB; 43 The article that satisfies the condition in the first paragraph and sought by business and working license production facility being placed annotation right to repurchase the, Make use of the condition of those who pass receive permission to put the production facility with the right to repurchase commentary, unencumbered title deeds are issued.
(2) decision of the board along with the abolition of mortgage loans in using OSB demand, building use permit and / or business opening and operating license, sent to the Ministry by the OSB.
(3) It allocated a fixed amount of investment to be realized on the parcel in the amount of at least 50% of the credit institution or investment bank credits to the participants area, The document signed between the bank loan agreement with this condition, letters of guarantee for the remainder of the lump sum payment or allocation cost allocation cost debt, ASD will be determined as the plot indicating the exact costs will participate as a protest to other investment commitment of, and certified notary give OSB 43 Article that they wanted in the first paragraph must provide documentation in the case of projects with the requirement go into production without seeking the right to repurchase the land without annotation may be placed. In this case the Ministry of mortgage loans in using OSB, OSB unencumbered title is given in the use of credit Ministry.
(4) these provisions are applicable mutatis mutandis already repurchase the land rights of participants receiving şerhl.
(5) Made to real estate investment trusts to be established in the allocation of plots OSB, The first paragraph (a) and (b) by adoption of the conditions specified in paragraphs, without any requirement to take back production and purchases may be given before it is put right annotation unencumbered title.
(6) located within the borders OSB, OSB, of all immovable property included in the record of the deed "is required to obtain the assent of the OSB sales through the execution of the transfer to third parties, including real estate." Commentary is titled. In this case the commitments given by former participants, deemed to have been readopted by the new buyer.
(7) OSB finalize their assent to the request within thirty days. Negative opinions are notified within fifteen days along with their reasons to the Ministry and demand. Compliance costs are not taken by the OSB opinion on granting.
for timely payment of
MATTER 59 – (1) Land allocation and sale price, infrastructure contribution will be collected from participants or tenant, electricity, its, waste water, natural gas and similar sales and service fee payment is not made on the maturity, For latency, The amount to be paid, T.C. Central Bank of the transaction on the basis of short-term advances day by the interest rate applicable to overdue interest is applied.
(2) OSB, from the date of maturity of the participants 2 In case of a written application within months, the installment payment period, apply the default interest provided that the maximum 6 May extend the moon. Written application of the present or unaccepted participant's request installment payment delay 3 exceeds month, Except in cases of force majeure, Taken back the land allocated to participants.
(3) Participant, no interest and can not claim compensation due to the withdrawal of the land.
(4) Participants from the case of a withdrawal of the parcel, That made it the cost of land allocated to participants so far, 62 Calculated as specified in Article OSB and paid to the participant by the latest within one year.
Land allocation cancellation
MATTER 60 – (1) Allocated land regarding;
a) from the date of allocation 1 of the structure to be realized within a year of receiving the license structure projects approved moving OSB,
b) from the date of receipt of construction permits 2 year of opening a business and get the work permit,
c) 25/11/2014 dated 29186 published in Official Gazette No. According to the Environmental Impact Assessment Directive "EIA Not Required" or "EIA" decision to the,
allocations to participants, It will be canceled by the board of management.
(2) The first paragraph of the existence of probable cause;
a) (a) In total period specified in subparagraph 6 bear,
b) (b) The total period specified in subparagraph 2 year
extended by the board of management to exceed.
(3) The second paragraph (b) If within the period specified in clause also for the participants did not receive permission to use the building and construction was started this time in total 1 extended year by the Ministry to pass.
(4) Ministry, Pre-Accession Financial Assistance Program conducted jointly with the European Union within the context of allocation of land for the project in, The program projects that should be documented by the first paragraph of that project beneficiaries supported each year by the Operating Structure (a) the period specified in subparagraph, Extended by OSB.
MATTER 61 – (1) the right to repurchase the land registry parcel purchased by participant commentary on issues.
(2) Participants allocated to the sale of land held or used for other purposes in any way.
(3) This land can not be sold without a license or without payment of all debts by participants heirs and workplaces to work, transferable and non-assignable. It is annotated to issue deed. status of the participants in the case of a company and selling land allocation, The Ministry is authorized to sell the land without payment and open work permit workplace and speculative transactions with debt to take measures to prevent the transfer of title.
(4) allocation or sale of the company in liquidation made Land, company devoted to the possible transfer of the right partner or partners having the characteristic of participants. The Ministry is authorized to take all necessary measures to that according to the results of the examination of whether the collusive process in this matter. 6102 The relevant provisions of Law No. context of the new organization form merger as a merger or takeover of the company in the form of merger, Following the merger registration with the trade registry, The company transferred the plot allocation, are transferred to the transferee companies. In this case, Regulation 60 In calculating the period specified in Article Companies Inc., assignee of the plots are based on historical allocation.
(5) OSB as shown by collateral and therefore decided to sell the property or in sales through the execution of the decision to the participants because of the debt sale; Ministry primarily upon payment of receivables and OSB, OSB institutions foreseen in the protocol attribute to have buyers or creditors made sales organization. Located in the classifieds sales organization protocol also included participatory nature.
(6) In case of sale of immovable creditors of credit organizations, creditors institutions, Buy the immovable property only with qualifications stipulated in the protocol of the organization ASD natural or legal persons at the latest 2 in the year to sell the same nature or the natural or legal person is obliged to rent.
(7) if it is determined by the courts in violation of the above considerations, No matter who is in the possession of land, assigned or allocated to another participant in taking back the cost of sales and sales history is made.
(8) After replenishing the recipient of receiving the title deed and property transfer or if said sale; receivables from OSB and new buyers of the undertaking and the contract will be made, Do not remove the first recipient undertaking or provisions in the contract with the new provisions are entitled to put.
refund or cancellation of the allocation of land
MATTER 62 – (1) Participant, When he wants to dispense with the plot allocation process.
(2) Participant, If the duration of the construction or completion of the additional period; basic horse or have completed the basic construction even though OSB, allocation canceled competent.
(3) In both cases the land price to be paid; 56 under the provisions of Article, OSB allocated by parcel or sales transactions that occur after the date of, payment refund or cancellation due to land allocation process will be held until, 213 Determined in accordance with the Law no re-update rate valuation. Land allocation process between a refund or cancellation of the first day of the year into the field with a pro-rata payment for the period will be held in the revaluation process will be, 213 The revaluation rate determined in the current year is used in accordance with Law No.. to exceed the calculated amount, land return or cancel fee, OSB is paid to the participant by the latest within one year from the date of receipt back. In this way, refund / cancellation of their money making field has no priority rights to apply again if the participants.
(4) Canceled or returned parcels, if it is to rise above the basic level of construction, cancellation / return date from 3 The oldest part was built in the month after the receipt of assent and OSB by new participants from the land of the fee paid to new participants, provided that the certification is done to determine the allocation of immovable properties,. sales via price determined by experts ingenuity will be determined by the relevant court of failing to do the sales of immovable properties, built in expiration, OSB is made by.
the participant's facility lease terms
MATTER 63 – (1) In order to perform Hire;
a) Having taken the land to be leased facility,
b) Participants in the absence of any overdue payables towards OSB,
c) OSB board of directors, In the legislative framework that the leasing procedures and decision making regarding compliance with the principles,
(2) Charter case;
a) the lessor;
1) New land registration document dated,
2) board or joint board decision regarding the loan facility in question is a legal person,
3) Trade registration certificate of,
4) Things lease agreement sample,
5) In case of an industrial parcel Facility, declaration about the loan as a whole without creating an independent section of the plant.
b) from Tenant;
1) Trade registration certificate of,
2) board of directors or partners of the council for renting the facility in question is a legal person,
3) Things to information and documents describing activities,
4) OSB and electricity produced by the facility will be established, its, natural gas, The number of employees, waste and waste characteristics, etc.. information displays company officials signed datasheets,
5) Things lease agreement sample,
6) notary notarized undertaking activities that will be shown to the appropriate internal regulations and contracts with OSB OSB legislation,
(3) allocated to the facilities available to third parties without approval by the OSB, electricity, They will receive no services, including water and gas.
(4) As for the management of industrial facilities, tenants are responsible for the obligations established in the laws and regulations of the participants.
(5) A participant or participants in the facilities of the industrial plots tenants can produce. 6102 No. judges and affiliated companies, as defined in the Act, Law temporary 1 pearl and temporary 2 established under the provisions of Article OSB'lerdeki 1/7/2017 get permission to use the structure prior to the date that the facilities and temporary 5 Established under Article OIZs, declaration about the loan as a whole without creating an independent section of the plant is not sought. This section will be formed in the size and number of the independent, the enterprising committee / board of the general technical condition of the infrastructure are determined by the decision of considering.
(6) Contributor, 6102 As defined in Law No. judges and affiliated companies in the nature of the case, provided that it continues the production activities of the participants in the plot, consortium located in other companies / corporations, Rental can be made to operate in any stage of the main activities.
(7) immovable property within the area OSB, May be subject to financial lease agreements. In this case;
a) OSB is required to obtain the assent management.
b) the lease for the land can not be given encouragement by the State Land.
c) Selling land made available for purposes other than the allocation in any way.
ç) Financial tenants, In the organization protocol must possess required qualifications for participants.
d) Financial tenants, participants will have the rights and obligations. However, the leaseholder can not sublet the property.
e) The lease, Before passing the leaseholder of the property in the event of termination for any reason, financial leasing company is obliged to rent, including the immovable only possess the qualifications prescribed in the institution protocol sell within two years, to natural or legal persons or lease to natural or legal persons of the same nature under the ownership. In this case the commitments given by the former leaseholder, the same shall be deemed accepted by the buyer or new tenant. Real estate leasing company does not sell within two years or the lease will not be purchased through leasing fee by real OSB.
Elimination of Irregularities
MATTER 64 – (1) Contributor, OSB in business, Despite the determined principles and determination of time by written notification by OSB in there and falling into a violation of the undertakings to insist on this movement; OSB, It is obliged to take all the necessary measures to prevent this situation.
Infrastructure Facilities Construction and Operation
setting up of infrastructure facilities and the right to business
MATTER 65 – (1) the electricity needs of OSB, its, sewage, natural gas, treatment plant, sludge storage, drying and incineration plant, way, communication, Setting up the infrastructure and public service facilities such as sports facilities and businesses, By purchasing the right to the distribution and sale of public and private organizations is the only authority and responsibility OSB. 18/4/2001 dated 4646 No. natural gas distribution companies in the framework of the Natural Gas Market Law, organized industrial zones organized by the request and consent of the network and the connection line investments to industrial zones and organized industrial zones can perform distribution activities. The principles and procedures regarding the conditions under which these activities can be done, Energy and Natural Resources Ministry of Energy Market Regulatory Board is determined by taking into account the opinion of the Ministry. OIZs, primarily to establish power generation plants, including their need and are entitled without any requirement to set up separate companies operating in the area with the permission of the Ministry of OSB. Establish power generation plants of participants in the OSB and OSB business is subject to permission. Lowering the standards acceptable to the partners of the waste treatment plant in order to pre-treatment plant needs to be done individually.
(2) OIZs, It may establish joint stock companies to operate or be a partner in a joint-stock company board. The Company contract, And management will remain majority stake in OSB and address the issue of this provision can not be changed.
(3) Physical integrity or geographical proximity is located OIZs, In line with the decisions taken in order to meet the needs of infrastructure may establish a common infrastructure facilities, including the protocol to be drawn up, The plant can operate or benefit from established.
(4) OSB entities and facilities in the OSB, According to the capacity of waste water treatment or wastewater treatment plants can outsource.
(5) The organizations involved in OSB, It must meet the infrastructure needs of the OSB plant. infrastructure needs can not be met without the permission of the OSB plant from somewhere else and can not be established for this purpose individually. These organizations may not assign and transfer to another institution the right to use the infrastructure they have been assigned and can not allocate available to others.
(6) OSB; the infrastructure necessary to ensure that the natural gas needs of businesses located in the region, Establishes the legislative framework related to the subject, operating and sales of natural gas purchased by the, bet is made on the last business.
(7) The Energy Market Regulatory Board 13/9/2018 dated 8058 Decree of crops Located Natural Gas Distribution Company Procedure Organized on the Realization of Distribution Activity in the Industrial Zone by and the principles and rules related to the OSB not covered by the Principles of natural gas distribution activities to be issued by the Ministry is determined by the principles and procedures.
(8) OSB, which can establish the necessary facilities need to be able to provide potable water and run, Make the distribution and sales of the buying public and private organizations.
a) In order to give the water distribution service, water-subscriber service agreement between the participants with ASD regulated.
b) Is determined by the water meters are sealed by water consumption OSB.
c) Water fee, to be read out by the directorate of accrued expenditure on water meters. 1 m3 water charge, With the cost of water services consists of shares. any agreement will make the results of the project to ensure water while the share of OSB water services, plant construction, maintenance and repair of water tanks and pumping stations, Executing, the failure of the repair and maintenance of transmission and distribution lines, to meet the water needs of the common facilities and areas, The irrigation of common green space, staff wages, the reflection losses and other expenses m3 of water is determined by the fact.
ç) Water fee, determined by the payment due date until the end of the OSB deposited in the bank account number to the teller or OSB. The board takes all the necessary measures for the payment at maturity of the water fee.
d) Subscribers objections, Is no obstacle to the payment of water bills. In addition, subscribers need to take any notice and without liability provisions if they do not pay their water bill of the subscriber water cut. OSB held responsible for the loss and damage suffered by the subscribers in case of interruption of water. In the failure of the subscriber without any fault of the water meter, The amount of water consumption in the period in which the water meter is disabled, Considering the weather conditions undisputed by the amount of consumption of the same period is determined by the picture OSB.
e) Subscribers can not use more water than the amount requested. If the fee for water used in excess amounts Use, OSB is charged in the principles determined.
f) breaking the seal of the water meter, The damage to the water meter, Removing the counter, sayaçsız or water is used to organize a counter run and if it played numaratörl, runs counter to the right of the subscriber or if the period of average consumption precedent facilities 6 times the amount accrued in the amount of water and is charged. also, are responsible for a criminal complaint to the public prosecutor about. no need to take the provisions of the deposit without the OSB in favor of terminating the contract revenues to enroll and also initiated legal action. Subscribe matter under whatever name, another natural person or legal entity can not and does not sell water, otherwise, without the need to buy any of the provisions of the contract shall be terminated, deposit revenues to enroll.
g) By participants as to obtain water from underground, OSB wear counter to these resources and determined the water gets lower wage costs.
(9) OSB management, Will be released as a result of the activities of the participants hazardous / non-hazardous waste, It will be a negative impact on air quality emissions, medical waste and hazardous chemicals, noise emissions, vb. The provisions relating to the laws in force for pollutants such measures would harm the quality of the environment in mind is authorized. the cost is borne by the participant resulting from measures to be taken.
Waste water management, waste water treatment plant is the first investment and operating costs
MATTER 66 – (1) OSB management; the highest local civilian authority of information, Under the supervision and control 31/12/2004 dated 25687 published in the Official Gazette of Water Pollution Control Regulation to comply with the recording conditions construction of sewage infrastructure, It is responsible for the maintenance and operation.
(2) The results of operations of participants exposed wastewater can be discharged to determine the limit values of the OSB OSB managements Standards for Discharge of sewage channel is detected.
(3) lowering the treatment efficiency of treatment plants, endangering units, who destroyed, The functions of block, The operation of the disposal of sludge or sludge of sewage networks are not permitted to negatively affect Article.
(4) OIZs benefiting from municipal wastewater treatment plants and sewer systems without, The service will be utilized and exploited over contract which stated that tariffs are obliged to mutually signed. Contract terms and tariffs; 27/10/2010 dated 27742 published in the Official Gazette No. Wastewater Infrastructure and Municipal Solid Waste Disposal Facilities to be followed for determination of tariff rules and conditions must comply with Regulation on Principles. OIZs, Discharge channel as determined by the municipality is obliged to comply with the standard. Municipalities to OSB, You can set tariffs taking into account not only the costs of the services they receive. practices contrary to the relevant regulations.
(5) Wastewater treatment plant located in receiving environment, but could not discharge treated wastewater and treated water by municipalities that discharge into the sewage system of the municipality of OSB, wastewater fee will not be under any name.
(6) Participants to the investment of the joint wastewater treatment plant; 25% of the cost of the parcel size, %75'In considering the specification of the solids of the wastewater treatment plants to be determined by the board according to the flow rate and pollution load. This investment cost in the amount of the contributions collected; The participant's premises is not considered of whether the activities.
(7) The participation share in the operating costs of wastewater treatment plants and pollution flow parameters are determined based on the Board of Directors.
MATTER 67 – (1) Participants, Before the waste water connection to the sewer system determined by the OSB "Discharge Standards Channel" if necessary in accordance with pre-treatment / purification plant, Check chimney connection and construction of the sewerage system makes under the supervision of ASD. Then "Connection Permit" shall apply for.
(2) With the start production, most 30 With time day 24 hour composite samples is determined by taking OSB or OSB plant pollution parameters will be analyzed by the price to be paid by the participating institutions it deems appropriate.
(3) OSB, Determined according to the waste water treatment plant input parameter "Channel Discharge Standards" by moving check that the facility complies with the effluent decides whether to perform the pre-treatment.
(4) OSB board most participants for the receipt of permits Links 6 Recognize month period. OSB board if it deems necessary, may increase this time or detract. Channel discharge standards is provided by, no connection to the participant can not be given permits.
(5) Participants most 6 In that connection permits take months if deemed to have accepted any sanctions to be applied by the OSB.
(6) Access to information contained in the permit technical and administrative responsibilities belong to the participant.
(7) Control shaft, DEBIMETRE, pH meter and the like of sufficient size to be set as indicated by the measuring device and is designed OSB. Participant, maintaining the flue control treatment plant well if, measurement facilities are obliged to always keep control ready state.
(8) OSB deems necessary, May demand the replacement of the specified technical personnel responsible for the connection permit.
(9) Where the connection is allowed independently of the analysis requested document specified measurement intervals deemed necessary OSB, cost to be borne by the participants, made or may make.
(10) If the participant's waste water treatment plant, Gives the technical information and documents in a report to ASD. Waste water treatment plant capacity or in the process of amendments to be notified in advance OSB. Monthly reports are input into wastewater treatment plants and pollution output parameter values are given to ASD.
(11) OSB, sudden discharge may ask for additional measures and resources it deems necessary and may or loss of.
(12) The provision of discharge standards and to eliminate the need for pretreatment, The rainwater wastewater, cooling waters, less dirty washing water and it is not allowed to be diluted with water slightly contaminated similar. For this purpose, the sewage system is built on disparate systems OSB. rain water outlet of the participants, After the rain water drainage system connected to undergo settling ponds and grease.
(13) OSB without written permission by no unauthorized person or entity, public or private, shall be inviolable to the sewer system, not open the covers of the conduit network, now it can not be mined places, changed the locations of the network, It can not build links and channels can not connect to the grid system. water from sewage plants can not be used for any purpose.
(14) Access permits are valid for three-year periods. Production quantity and participants who will make changes to the layout or type of activity must renew the document referring to ASD.
Solid waste management
MATTER 68 – (1) With regard to waste OSB 2/4/2015 dated 29314 published in the Official Gazette Waste Management were prepared in accordance with the instructions by Waste Control OSB, Where the results of the activities of the participants disposal of all kinds of waste generated and indicated to do in what way.
(2) contribution of the initial investment and operating costs resulting from solid waste disposal, calculation method according to the types and amounts of solid waste, Control is located at the instructions of waste.
(3) the cost is paid by the participant resulting from solid waste removal.
(4) where they are produced consisting of separate collection of excavated soil in the area OSB, temporary depositing, Transport, recovering the, OSB evaluating and disposing of authority and responsibility.
Fire defense system
MATTER 69 – (1) OIZs sectoral structure, security according to the geographical location and similar conditions, Protection from disasters such as fire and prepare to do business and operations in situations that require immediate intervention stating that the instructions and apply. also, 9/6/1958 dated 7126 No. Civil Defense Act of Annex Article 9 and other relevant legislation in accordance with the Fire Brigade can establish. In this case the adequacy of fire safety and firefighting applications are executed by their own groups.
(2) businesses in OSB, fire department fire desired by the group and apply measures to be taken against explosion, get the fire report by providing all necessary fire precautions within its own structure and 19/12/2007 dated 26735 published in the Official Gazette No. of buildings must fulfill the relevant provisions of the Regulation on Fire Protection.
(3) If first responders to be able to fire workers in companies in order to fire training and exercises is done by the fire brigade and certifies OSB. In addition, businesses; explosive, inflammable, flammable and shows the warehouse where the chemicals generated within the business plan and "emergency action plan" that will deliver a copy of OSB.
MATTER 70 – (1) OIZs, movable or immovable properties of OSB domain in order to ensure the protection and safety of living, 10/6/2004 dated 5188 No. Private security duties in accordance with the provisions of Law Pertaining to the Service that you can create special security unit.
(2) OSB organizations in the field, the protection and security within its borders, We can provide you with your own private security organization established.
(3) OIZs; and is unable to employ a sufficient number of elements in nature and do not require as OSB and other related services to be performed if the decision of the competent organs, OSBÜK'den, investment support offices and service purchases from other institutions and organizations may choose to. But the service is purchased, It does not remove the responsibility of the OSB.
(4) In this way, if the protocol is arranged between the parties providing services.
Procurement in the Ministry Principles Using Credit OSB
MATTER 71 – (1) OIZs, making all kinds of loans they meet they receive compensation from the Ministry of Works, It is subject to the provisions of Regulation. Receipt of Ministerial approval is required before bidding.
(2) Engineering and consultancy services declared by the sealed bid method of procurement and construction work is done.
(3) The Ministry of the projects it deems appropriate, OIZs, Supported by the Ministry of engineering and consultancy services for credit. Cost incurred from loans received from the Ministry of engineering and consulting services business tenders, done in the framework of the principles determined by the Ministry.
Terms of participation in the tender
MATTER 72 – (1) the bidders will be made in accordance with Regulation, To have legal residence, not having the necessary qualifications and competences, It is required to submit the required guarantees and documents.
(2) 4/1/2002 dated 4734 Of Public Procurement Law No. 11 Article specified prohibited from bidding directly or indirectly as a subcontractor, in no way participate in the tender on behalf of themselves or others.
Preparation of tender dossier
MATTER 73 – (1) tender specifications indicating the subject every aspect of the procurement jobs, draft contract, technical specifications to be determined by the Ministry prepared and the tender file is created by the ASD criteria.
(2) In addition to specific technical requirements and according to the nature of the work to be placed in this file is required in order to show the following:
a) The name of the job, nature, kind and amount,
b) Estimated cost, The amount of the bid bond and performance bond belongs terms and conditions,
c) Procurement procedure, Offer to take shape, Date and place of the bid submission,
ç) location of the Tender, Date and time,
d) Business and workplace conditions related to the insured,
e) Those not participating in the tender,
f) place of execution, Terms and conditions for delivering and receiving,
g) The commencement and completion dates, Penalties will be taken in case of delays,
ğ) Bidders sought in terms, Documents and qualification criteria,
h) in making the Tender, postpone or cancel the administration that is free,
I) Tax, And levies to be paid by who,
i) Payment of Interest, Terms and conditions relating to the duration and amount of advance,
j) Contractual works due to changes in the price or volume of the material if paid what the price difference, if paid in way,
k) Time extensions will be given circumstances and conditions,
l) The shape of the conflict solution,
m) OSB name, address, phone and fax numbers,
n) Preparation of Bids, Giving, The outer shell opening, basis for the inner envelope opening,
O) The validity period of Offer,
ö) Tender and not to attend the joint venture consortium,
p) Whether the tender is only open to domestic bidders,
r) in what way will the process of signing and finalization of contract award decision.
MATTER 74 – (1) Estimated cost, According to the approved project, unit prices published by the relevant institutions and organizations, analiz, Estimated costs consisting of the costs and make it based on the feature will be covering manufacturing costs are determined during the discovery summary.
(2) monitoring of project designers to hazırlattırıl the discovery and exploration of base project control engineer and director of the preparatory work by, checked and scrutinized represent and bind the board of directors must be signed with authorized members. errors and changes in project or exploration is the responsibility of the Board of Directors.
(3) whether a visa by the Board of Directors, The estimated cost of the tender price is essential to be approved by the Ministry. Ministry of discovery and summary to make any changes it deems appropriate in the annexes, Some manufacturing is authorized to exclude from the scope of credit. OSB is obliged to comply with the adjustments made. OSB, but make production changes by completing the use of credit Ministry.
The tender announcement and file
MATTER 75 – (1) Tender subject who works two times will be announced by publication in the Official Gazette and local newspapers. The first tender will be held from ads with the newspaper 15 the day, ads from the last auction day 5 not least the day. The tender also announced on the website of the Ministry.
(2) The tender dossier will be given of a price or free, be granted if the value of the sales price specified in the tender notice will be provided with places.
(3) Ad is mandatory to include the following:
a) The name of the business subject to the tender, nature, location and estimated cost,
b) The tender dossier and its annexes and which will be taken from the conditions,
c) location of the Tender, Date and time,
ç) The tender offer and the process of taking shape,
d) Provisional bond amount,
e) Bidders in searched terms, Documents and qualification criteria,
f) Offer date and time of which up to where it should be,
g) OSB name, address, phone and fax numbers.
Values are acceptable and collateral
MATTER 76 – (1) the Bidder, The estimated cost of the work subject to tender % 3'S bid bond is not less than, The tender price % 10'Performance guarantee is taken not less than flour.
(2) Will be accepted as guarantee are listed below:
a) The current Turkish Lira,
b) Letters of guarantee,
c) Treasury and Government Debt Securities issued by the Ministry of Finance, and documents issued instead of debt securities.
(3) Guarantees other than letters of guarantee will be determined by the OSB credited to their bank branch and receipts subject to the tender dossier.
MATTER 77 – (1) Tender commission, entrepreneurs will choose a president's delegation in itself and consists of seven people, including four members of the technical and accountant member.
(2) The Commission meets as complete and absolute majority decision. The decision to abstain in the vote is. The decision specifies the reasons members join the dissenting opinion. The decisions taken are attached to the minutes.
(3) OSB, Ministry to apply in the case of tenders, May request the commission will be established by the Ministry. Tender Commission in the case of the Ministry's Tender; two members representing the five created Ministry staff and ASD, including one Commission Chair.
(4) Qualification and tender commission made the same.
Preparation and Evaluation of Proposals
MATTER 78 – (1) Preparation and submission of bids:
a) All documents are placed in an envelope required as a condition to participate in the tender offer, including the inner envelope containing the letter in a sealed envelope. The name on the envelope, surname or trade title, full notification address, which is the subject of written bids. Seam of the envelope is signed and / or stamped.
b) Proposals shall be submitted in a sealed envelope as a letter written and signed. be stated in the tender documents read and fully accepted that letter of offer, or offer discounts offered rate with the cost of figures and letters written clearly and consistently, scrapings on, endeavor, correction to the name and the offer letter, Full name or trade name by writing and must be signed by authorized persons.
c) Proposals are given in return for consecutively numbered bidding until the time specified in the tender documents. Bids received after this time will not be accepted and will be returned unopened. Bids can be sent as registered mail. the tender offer document will be sent by mail must be received by the administration until the deadline time. Proposals for achieving the administration time because of delays in mail, processing shall be introduced and shall not be evaluated.
ç) The bids, addendum regulation, irrevocable and can not be changed for any reason.
(2) receipt and opening of bids:
a) Offers, Given until the time specified in the tender documents tender. The tender offer is examined by the commission in order of receipt envelopes. In this study, The name on the outer envelope, surname or trade title, full notification address, that the work of which offer, The tender committee is looking at the full address and stamp and envelope adhesive part of the issue signed by the tenderer.
b) The outer envelope is read the names of the firms participating in order of receipt in front of the opening of the tenderers. Bidders inner envelope containing the letter of offer, Separated from the opening in order to evaluate the efficacy results. the outer envelope of documents to be evaluated by the tender commission eager, Competence and results will be discussed in the session will be opened by specifying the day and time of the offer letter is closed to bidders.
(3) Evaluation of bids:
a) Evaluation outer envelope: The outer shell documents and attachments that are necessary to add to these documents in accordance with the relevant legislation of bidders, evaluated by the tender commission, It is examined whether the subject of the contract capacity to carry out the work according to the conditions specified qualification criteria and tender documents.
b) The opening of the inner envelope: The day and time are determined in the first session, in front of the presence of the tenderers, the outer envelope examination results conducted by the tender commission, evaluation of the bidders who can not get along with the qualification explained why the reasons for exclusion. Letters containing the bids of the bidders dropped out of the evaluation will be returned unopened envelopes inside. Tender Commission of the outer envelope documents determined to be complete by, Located just opened with the inner envelope containing the letter from the order of the bidders bid, Describes discount rates they offer bidders.
c) assessment made by the tender commission on these transactions are attached to the minutes.
(4) the determination of the economically most advantageous offer:
a) the Tender, The highest discount rate or the price of the cheapest offer in the current proposals which have been identified as a result of the evaluations, economically most advantageous offer assessed as. More than one of the same discount rate as proposed by the bidder and it is obvious that in these economically most advantageous tender, Presented to the tender commission "work experience documents" by assessing factors beyond the price will be determined as the economically most advantageous offer.
(5) Tender Commission, Evaluates bidders within the tender documents principles. If done in the Ministry or the Ministry of OSB tender on the tender commission decision, reject all bids are given free to cancel the tender. OSB or due to rejection of all bids will not enter into any obligation Ministry.
arranging and concluding contracts
MATTER 79 – (1) The determination of the procurement:
a) The tender economically most advantageous offer that is left over from the willing. Tender commission, By setting its reasoned decision in accordance with these principles provide confirmation.
(2) Approval of the tender decision:
a) The successful bidder on the tender, Before the approval of the tender, 4734 Law No. 10 The fourth paragraph by Article (a), (b), (c), (d), (e) and (g) that will be required documents proving that the cases listed in subparagraph. tenderers at the latest by the tenderer 7 within days, It is obliged to submit the said documents. The tender decision, following the decision date at the latest 21 approved within days or grounds is canceled by explicitly indicated.
b) The successful bidder on the tender, If it is determined that it is prohibited from participating in public bidding or fails to present the documents mentioned above is canceled, and that decision auction bidder bid bond public revenue. bid, valid if approved by the commission decision, In case of cancellation is considered null and void.
(3) Notification of the finalized decision for the tender:
a) The tender results, at the latest following the day the tender decision is approved 10 within days, To be released or proxy signature on the return receipt of tenders or notified by registered letter mailed to the notification address.
(4) Contract invited and performance guarantee:
a) The tender decision communicated to him and the successful bidder on auction, From the day following notification 10 within days, At the rate specified in the tender dossier, Sign up to submit the performance bond contract, It is essential to signing a contract through the notary.
b) Failure to comply with these obligations, protest and without the need to take the provisions of the contract is broken, income temporarily saved and to guarantee the procurement of work to be done by the Ministry credits 2 not join with the years.
(5) Duties and responsibilities of the tenderer in concluding the contract:
a) The tenderer who has, It is obliged to sign contracts giving definite guarantee. Bid bond will be returned immediately after the contract is signed. Failure to comply with these obligations, protest and without the need to take the provisions of the bidder awarded temporary guarantee is recorded as income.
(6) ASD's duties and responsibilities in awarding contracts:
a) OSB eager contract fails to fulfill its obligations with regard to, Located at the end of regulation time from the day following the latest 5 within days, 10 day term, provided by a notary public notification of the status report, Waive commitments. In this case, the bid bond will be returned.
(7) Connecting the contract award:
a) by OSB, contract tender documents prepared according to the conditions stated, OSB authorized and signed by the contractor and be registered notary onaylattırılarak.
MATTER 80 – (1) progress reports on the use of loans from the Ministry OIZS, The work done in order to be credited money, It is organized according to the specifications and criteria in the tender dossier.
(2) Progress reports, Following the signing drafted by the ASD control engineer, OSB, director of management and lending terms shall be endorsed by the Ministry or the appropriate authorities will see the ministry after being approved by the board.
(3) progress reports and credit use, and in particular the Ministry OSB, management is organized according to the conditions and criteria set by the board and approved by the board again.
MATTER 81 – (1) Apply mutatis mutandis to relevant provisions of the public procurement legislation and other matters that are not included in the tender dossier in Regulation.
(2) OSB OSB with the Ministry of private loans that do not use, It is outside the scope of the tenth section for regulation of the tender.
Top OSB Organization
OSBÜK and Organs
MATTER 82 – (1) The purpose of the OSB top organizations, OSB ensure the unity and cooperation between applications, to provide the solidarity, intervene with the relevant institutions and establishments for the solution of the problem and to make efforts OSB, OSB ensure coordination between the Ministry and to fulfill the tasks assigned by the Ministry.
(2) original sin, prepared with the participation of OSB won the legal entity is established with the approval by the Ministry OSBÜK Protocol and acquire legal personality.
(3) OSBÜK Protocol; ordinary, address, purpose of, name of the founding members, organizations they represent, membership requirements, members are authorized to represent and bind, condition of entry into force, signature and date, Presentation and approval of the Ministry section contains a petition to the Ministry.
(4) All of the winners OSB legal personality, OSBÜK membership fee is mandatory and specified payments.
(5) OSBÜK the center is in Ankara.
(6) OSBÜK'e, OSB can not be members of any organization except gained the legal personality.
(7) Top OSB Organization, It consists of the following organs:
a) General Assembly,
b) Board of Directors,
c) Supervisory board,
ç) General secretary.
(8) Body members 4 selected for the year. Any reason complete the remaining term through alternate members in case of discharge.
MATTER 83 – (1) OSBÜK across the board, Number of members to represent OSB, According to the size of the OSB;
a) 100 Until hectares 1,
b) 101-250 Until hectares 2,
c) 251-500 Until hectares 3,
ç) 501-750 Until hectares 4,
d) 751-1000 Until hectares 5,
e) 1001-1500 Until hectares 6,
f) 1501-2000 Until hectares 7,
g) 2001 and over until hectares 8,
person delegation including entrepreneurs, Selected from members of the board or general meeting. replacement until the original members are also elected in the same election. Substitute members will complete the remaining period.
(2) General Assembly, With the participation of representatives of the OSB, ordinary and extraordinary is collected in two ways:.
(3) Ordinary General Assembly, each financial year, four years is made in the first six months of every year, including a selective.
(4) The extraordinary general assembly; OSBÜK jobs, law, regulations and collected by the call where required by the provisions of the protocol OSBÜK.
(5) General Assembly, OSBÜK collected where available.
(6) place and agenda of the General Assembly Date, at least from the meeting 30 be notified in writing to the Ministry days ago.
calls on the competent organs of the General Assembly meeting
MATTER 84 – (1) General Assembly, It is convened by the board of directors.
(2) Where necessary call, supervisory board or it can be made by the Ministry.
(3) also, provided that not less than thirty members, most of the total number less than 1/4 of the case optionally, General Assembly 10 It is convened by the board within days. this application, and jointly made with the notary public notice.
(4) Failure to fulfill this request of the board of directors timely and receiving, respectively, the supervisory board and if the result of the application made in the above manner, owners request by contacting the Ministry plenary meeting in person may receive permission to call. Ministry, The agenda taking into account the demands of the willing, Detects hand to meet expenses to be made to the list of members will be invited to general meetings and meetings.
The shape of the General Assembly call
MATTER 85 – (1) calls to ordinary and extraordinary meetings; registered mail return receipt or signature provision is made.
(2) Call, At least the meeting date 15 Before the day is done. the location of the meeting, day, time and agenda with calls involving; management and supervisory board activity reports, balance, income and expenditure or profit / loss account, the estimated budget and work program approved by the other information and documents submitted. A copy of these documents will be available at the plenary session.
(3) in Call, In case of no quorum at the first meeting, Date of next meeting to be held, time and place notified. The time between meetings 7 Less than a day, 15 additional days.
(4) Time is not taken into account in the announcement and meeting days of the account.
Meeting to be done
MATTER 86 – (1) The general meeting can be made in the following cases:
a) 85 Failure to fulfill the matters contained in Article,
b) At least one person ready to lack of management and supervisory board members.
(2) But; The presence of all members, and in the absence of objections, Other provisions relating to general meetings without prejudice, not comply with the provisions on the meeting can be called even if the meeting.
(3) Court decision and in plenary meeting with the Ministry's call (b) not sought circumstances referred to in subparagraph.
MATTER 87 – (1) Ordinary and extraordinary general meeting, At least one delegate representing the Ministry considered.
(2) Ministry representative, meeting law, this Regulation and the checks that were applied according to the OSB top Establishment Protocol; with documents indicating that members duly called meeting by signing an instance of the minutes of the meeting schedule and sends it to the Ministry.
MATTER 88 – (1) General Meeting, Ministry representative duly be taken in respect of the application and determine whether appropriate action decided by the meeting held this Regulation on the provision of quorum, By organ calling opened by authorized persons. Then, with a chairman and vice chairman of the adequate number of clerks and members should vote if the collector is selected.
(2) The president and members of the Court, members shall be elected from among the.
(3) The following points are located in the General Assembly agenda:
a) Opening and election of the council presidency, Giving the authority to sign the minutes of the meeting of the presidential council,
b) Reading and discussing the annual report of the board of directors and audit committee report,
c) Reading of the balance sheet and income statement, Connecting discussion and decision,
ç) Release of the management and supervisory board members,
d) Instead of selecting the new term of office expires management and supervisory board members,
e) Connecting the budget and program of work to be discussed and decided next year,
f) Discussion of common problems OSB,
g) Discussion of other matters deemed necessary as long as the writing is clearly on the agenda of the subject.
(4) The extraordinary general assembly agenda, determined according to the purpose of the call and determined for.
(5) the number of members at least one quarter at least by the general meeting date 10 and other matters days ago jointly with the renewal of the elections to be declared by a notary public notice is put on the agenda.
(6) matters not on the agenda can not be discussed. But the meeting attended by members of at least one quarter after the election of the presidency council, before being passed to discuss the agenda if a written offer;
a) Selecting the Accounts audit commission,
b) Deferment of the balance sheet of the examination and approval,
c) be called a new meeting of the General Assembly,
ç) Law, regulations, OSBÜK protocol and good faith principles set forth by the board decision is contrary to the decisions of the general meeting cancellation,
d) Selection of new locations and the dismissal of the management and supervisory board members,
issues related to, Participants will be on the agenda of the General Assembly with the approval of the absolute majority.
(7) also, presence of all members, and if not contested none, It can be added to the agenda topics.
(8) In order to validate the General Assembly meeting, received a report containing the decisions and choices made by members of organized. Give a union of this report is on the grounds of their opposition with the opposition to the decisions taken at the General Assembly. In this report, number of votes used with the number of participants in the meeting also indicated.
(9) The General Assembly minutes, chairman of, members and signed by the representative of the Ministry.
(10) ruler and members of the general assembly meeting minutes indicating that the documents duly called meeting, From the date of the meeting 15 Top Organization of OSB days are announced on the building in which it operates. A copy of the minutes of the suspension announced at the end of the announcement period, sent to the Ministry.
Meeting and quorum
MATTER 89 – (1) Board of Directors, before each general meeting of all members will be signed with the name and residence of the OSB shows the name and they represent are obliged to prepare a place for members ruler.
(2) more of a meeting is required to be present in at least half of the members of the General Assembly can be collected and to discuss issues on the agenda. The first meeting will be held in the absence of sufficient quorum is not sought in the second meeting participants. least fifteen days interval between meetings, not more than thirty days.
(3) Decisions at the General Assembly, members are taken by a simple majority of votes of the undersigned, the ruler.
The General Assembly voting rights and representation
MATTER 90 – (1) OIZs, OSBÜK across the board, 83 As stated in article being represented by members elected. Each representative has one vote.
(2) Voting at the General Assembly, Done by a show of hands. However, participants in the general assembly to decide if the absolute majority, Reference is made to a secret ballot on any issue. If there is more than one candidate elections, It is carried out by secret ballot and open counting method using cells and crate.
The organs are not released
MATTER 91 – (1) If the members of the management or supervisory board to be released, The term of office is considered to have ended and the agenda was added to the selection is done by counting the re-election of these boards. The management or supervisory board members undischarged, re-elected to these bodies in the same plenary.
(2) also, examination of which provide basis points in order to account for releasing audit commission created or newly elected to the supervisory board, account is designated as the audit commission. Accounts audit commission, the latest report 3 Members of the extraordinary general meeting to be held within months, offers the knowledge and approval.
(3) A copy of the said report given to the rights of the defense Directors to the management or supervisory boards are provided.
(4) Directors to the management or supervisory board members to be opened against the civil liability lawsuit, It must be decided on this issue in the General Assembly. Accounts audit commission report on the subject of the criminal case of a detected, supervisory board, from the date of the general meeting decision 1 located in the criminal complaint related in months.
cancellation of the General Assembly's decisions
MATTER 92 – (1) The following people writing, law, OSB top issues mentioned in this Regulation and Organization Protocol and the principles of good faith is contrary to the claim by the General Assembly against the decision, meeting to begin the following day 30 May apply to the relevant court within days:
a) ready availability status remained opposed to the decision in the minutes of the meeting to Give a, Not allowed to use that as an unfair game, The process for making conference calls or classified as required in the apartment is on the agenda or be notified that, Claiming that they have found one of the members participated in the decision not authorized to participate in the general meeting,
b) Board of Directors,
c) The fulfillment of decision management and / or members of the audit committee as required by the personal responsibility, each of which.
(2) Cancellation of the opening of proceedings and the hearing will be made the day, shall be duly declared by the board of management.
(3) annulment of the decision of the General Assembly, It shall take effect for all members. If the finalization of the decision, I'm in this regard to, OSB top organizations 5 day suspension period will be announced and sent to the Ministry for the purpose of correction of the minutes of the meeting of the Ministry at the end of archive.
The duties of the General Assembly
MATTER 93 – (1) General Assembly's duties and powers are:
a) OSB solution of common problems and to determine the principles of solidarity among themselves, OSB administrative and technical support provided and to take remedial measures in similar matters,
b) To select the management and supervisory board members, necessary to dismiss, to decide whether they will be acquitted,
c) Balance Sheet and other financial statements to decide in consultation,
ç) Management will discuss the budget committee proposal, modifying or accepting exactly, registration fee and will be collected from membership fees and similar amounts of payments, payment methods and principles, delay interest rate applicable in case of delay, management and supervisory board members will be paid their allowances to determine the amount of monthly salary or honorarium and principles,
d) Movable and immovable property and purchase of property, sale, the establishment, decisions in making reservations and the like, To authorize the board of directors for this purpose, board of directors to determine the limits of their authority in these matters,
e) OSB top organizations decide to change the provisions of the Protocol and to authorize the board of directors for submission to the Ministry for approval,
f) General Secretariat to approve the organization chart and staff positions.
(2) General Assembly, Top Organization of OSB can decide any issue in consultation with appropriate tasks and goals.
The Board of Directors and duties
MATTER 94 – (1) Board of Directors, OSBÜK be elected from among members of the general assembly is composed of eleven regular and one alternate member on. Each of the board members are elected from different original and replacement OSB. OSBÜK representative selected by the character of those who, although they subsequently transport spontaneous losers membership ends.
(2) Board of Directors, 93 referred to in Article General Assembly is obliged to conduct its business and operations for all tasks.
(3) a portion of the Board of Directors authorized the chairman or the deputy chairman if necessary, One of the members of the, or more of the secretary-general may delegate. Delegation of authority, It does not remove the responsibility of the board of directors.
(4) The first Board of Directors meeting to be held, Choose among themselves a president and two deputy presidents. President, one of the tasks shall appoint an attorney to help in time as there is no beginning.
(5) original sin, represented by the chairman or the deputy chairman. OSBÜK bind the agent of any transaction and articles signed by the chairman or a board member with deputy chairman or secretary general.
(6) Board meetings, Chaired by the president or vice president is done by a simple majority and at least once a month. It made a valid excuse three consecutive meetings without excuse or even if 6 At least half of the members participate in the meeting held in the months deemed to have resigned.
(7) Decisions are taken by simple majority of those present. In case of equality of votes the President is as game.
(8) The Board of Directors shall act prudently in all transactions and actions and show due diligence in the management of OSBÜK. membership, It is liable for damages arising from its own defects.
Control Board and its duties
MATTER 95 – (1) Supervisory board, OSBÜK be elected from among members of the general assembly is composed of two principal and two alternate members. The Board of Auditors regular and substitute members are elected from different OSB. OSBÜK representative selected by the character of those who, although they subsequently transport spontaneous losers membership ends.
(2) Carries out the audit work related to the activities of the Higher Board of Control board OSB. It is offering to prepare an audit report to the General Assembly.
(3) Supervisory board, needed every month and at least three months a management board and OSB top organizations regulates the organization of interim reports and accounts by checking the existence and operations of. All activities will be held with regard to the whole of the annual report, Search reports are submitted to the General Assembly by the inclusion.
(4) Supervisory board members, the board may attend meetings but can not vote.
MATTER 96 – (1) General secretary, Regulation OSBÜK occurs and a sufficient number of administrative and technical staff qualified to fulfill the duties of the secretary-general. The organization chart of the General Secretariat, the Board's proposal, Ministry occurs with the consent and approval of the general meeting, and varies. The organization chart; technical and administrative units, The number of personnel to be assigned, It is located qualifications and positions.
(2) secretary-General; or equivalency degree programs to graduate from university, approved by the Higher Education Authority, in which 10 and that the Regulation has years of experience 7 The sixth paragraph of the article (b) provided that the qualifications required of me, OSBÜK appointed by the Board of Directors and may be dismissed in the same way.
(3) General secretary, OSBÜK shipped in accordance with the board's decisions and instructions and is obliged to execute and handle the other duties.
(4) Commissioned by the staff organization chart OSBÜK, The offer is determined by the board of directors and the approval of the general meeting.
(5) secretarial duties of the general assembly and board meeting the general secretary.
The income of the top OSB Organizations
MATTER 97 – (1) OSB revenue of the top organizations are:
a) Registration fee,
ç) think, service, interest and similar income,
d) Delay interest,
e) Classifieds and advertising revenue,
f) Other income.
(2) OSB top organizations, 13/1/2011 dated 6102 No. kept writing books in Turkish Trade Law. Ministry, will publish the documents to be used for books to be kept and communicated with the principles and requirements relating to their arrangement so you can bring.
(3) Book and fulfillment of obligations related to document layout, Board of Directors and Management is a joint responsibility of officials to authorize the Board of Directors.
(4) OSB top organizations of all kinds of accounts and transactions annually inceletilmesini Chartered accountant. Inspection reports until the end of March OSB top Organization and sent simultaneously to the Ministry.
Ministry supervision and responsibility
MATTER 98 – (1) OSBÜK organs with staff members, all kinds of documents at the request of the Ministry, book, recording and presenting information and examples of thorough, in the desired time and give as fair, documents show the effect of money, their numbers and help the investigation, meet the demands of written information, It is obliged every possible assistance and ease of control.
(2) OSBÜK organs with staff members, Elders are responsible for the loss of their flaws. These, negotiable instruments in the balance sheet effect of money, minutes, report, book and punished as public officials for crimes they committed on documents.
(3) membership, Even the secretary general and other staff on duty will end, It is obliged to keep trade or business secrets they have learned during their duties.
(4) The bodies OSBÜK members to fulfill their obligations specified in this Regulation, five thousand Turkish Liras with administrative fines, public officials who are punished according to the relevant legislation. administrative penalties under this article, The Ministry shall. Given the administrative fines, It is paid within one month after notification.
(5) OSBÜK organs with staff members, Ministry to instructions on the results of the inspection and must comply with the measures taken for the implementation of this Act. OSBÜK bodies with members initiated the investigation because of charges related to the rights of their duties staff temporarily removed from office by the Ministry measures up to three months.
(6) If necessary, this period may be extended once for a maximum of three months. As for those prosecuted on charges relating begin with a verb or a task that requires severe punishment from duty until the conclusion of court proceedings may be requested by the Ministry of expulsion. dismiss staff removed under this Article, During the audit or inspection after completion of the decision of the Ministry or rights in or it is judged not to prosecute unless the conviction to be decided, return to the office to complete the remaining term if.
(7) Although the Ministry of written warnings fulfilling the tasks specified in this Regulation, members of the task to end their organs OSBÜK, It is decided by the court upon the request of the Ministry. Trial, According to the proceedings is made simple.
Miscellaneous and Final Provisions
industrial sites in OSB
MATTER 99 – (1) OSB; land and infrastructure required to pay participation fees of participants, its, electricity, natural gas, treatment plant and other consumption costs, business and management fees and penalties for their delay cooperatives and / or management of the site, In cases where participants insolvency or inability to collect receivables due to the inability to create organs according to the service utilization rate of the demand from the owners at work and will collect.
To establish a real estate investment trust OIZs
MATTER 100 – (1) OSB entity, if a decision is taken by the enterprising committee or plenary 6/12/2012 dated 6362 of the Capital Market Law No. 48 th 49 According to by Article, majority stake and management control and may establish itself in being active in real estate investment trusts, provided exclusively OSB. these issues, OSB is a founding partner of the legal entity specified in the articles of association of real estate investment trusts.
(2) These partnerships; organization and its founders, Exiting the investment trust status, minimum float ratio, their operating principles, the species and transfer of shares, published the prospectus and prospectus, The valuation of the assets and rights to the assets in the portfolio and storage, the determination of the real estate appraisal organizations, the portfolio restrictions, governance principles, capital increases and reductions to, preference shares issued to the, and take back their share of the profit distribution, liquidation and ended with the procedures and principles concerning the respect of other obligations are subject to the Capital Markets Board regulations relating to real estate investment trusts.
(3) the main contract of these partnerships, As a minimum the Capital Markets Board's official real estate investment trusts, published on the website of the Articles of Association is prepared to include elements in the example given.
(4) These partnerships, the top or upper structureless made the sale of parcels OSB'lerdeki, determining the price of renting real estate valuation issues and the establishment of the upper right are based on the appraisal value determined organizations. Appraisal value of the use of the Capital Markets Board regulations reserved.
MATTER 101 – (1) 22/8/2009 dated 27327 published in the Official Gazette No. Organized Industrial Zone Implementation Regulation is repealed.
TEMPORARY TOPIC 1 – (1) 1/4/2002 before the date established in OSB, Of this Regulation 54 operating in the matters referred to in Article facility are not included in this coverage.
Wastewater treatment plants operating in investing in the participation fee
TEMPORARY TOPIC 2 – (1) 1/4/2002 It was built before the date of operation in the history of wastewater treatment plants with OSB, Regulation 66 Article of the treatment plant investments related to the participation fee shall not apply.
TEMPORARY TOPIC 3 – (1) Correctional OSB applications, 1/7/2018 natural or legal persons until the date by, reports citing the city where the governor is made to be evaluated together with the improvement of properties of the OSB. Application period, The President extended by another year, including once in the evaluation that will be made by the Ministry.
(2) In order to get a commission breeding evaluation of the application;
a) The claimed area, That can ensure the integrity of the infrastructure and management of the draw or the presence of ASD assent if not adjacent to an existing OSB,
b) Ensuring sufficient number of participants to create their bodies OSB,
c) Recommended treatment of OSB in the field of industrial plots detached, meri according to the plan have received permission to use the built and construction documents, Use as individual structures within this area permit no industrial facilities are available if this facility owners, To undertake to fulfill their legal obligations in breeding time,
ç) Recommended treatment at least of the total plot area of OSB third in production or construction have begun at least 1 / 3rd of that industrialists to establish the ownership of industrial plants,
d) be capable of at least 8% of the area allocated to the common area of Breeding OSB,
e) The temporary law within the proposed area 13 Article facility with the exception of the installation prior to the date of entry into force, Lack of facilities will be established in OSB,
f) Suggested areas included in the request letter for the establishment of the owners of breeding within the OSB, The present state of knowledge and ownership documents of the land, geological and geotechnical study reports, development plans approved by the relevant institutions meri, documents related to the structure of the building use permit, The problems encountered with the current situation of the area requested OSB breeding grounds, human health for all activities will be planned for breeding, the environmental and economic benefits, which would include information such as the pre-feasibility study of financing conditions, As a result of the evaluation of the document and the resulting reports citing the report and appendices, Having presented the report of the EIA documentation in this area in addition to specialized breeding OSB,
Conditions are sought. OSB application in breeding will be merged with the existing OIZs (b) It must not be sought in paragraph. The participation in this project will unite the field of communal areas will be provided OSB taken into account provided that the rate fell below 8% (d) It must not be sought in paragraph.
(3) Referring to the governor Application, The rationale report examines whether it is appropriate to the application conditions. Issues with inspection report if it is determined that possess the necessary requirements of the application will be referred to the commission breeding.
(4) Breeding commission; The governor and presidential, The proposed area in the case of municipal boundaries or the boundaries of the contiguous area; chairman or vice chairman of the concerned municipalities, secretary general of special provincial administrations, special provincial administration without a head of Investment Monitoring and Coordination in the provinces or the Investment Manager Monitoring at least one university's rector or vice-rector of the province, agricultural and forest works and highways of regional directors or deputy directors, industry and technology, environment and urbanism, agriculture and forestry, The provincial director of culture and tourism and health, If by the availability of chambers of, If trade and industry chamber, If it is formed by the chamber of commerce chairman or vice chairman of a board chairman or vice chairman OSB approved by the provincial governor's office is located, and participation as a member of the permanent commission. According to the governor if needed area of the property, the commission shall include representatives of the other institutions and agencies. Breeding time working with the principles and procedures of the commission is determined by the governor.
(5) Breeding commission in the event that more than one province borders will improve OSB Board, Where the largest area under the chairmanship of the provincial governor and he created with the participation of the province's correctional commissioner.
(6) Breeding evaluated requested by the commission and, where appropriate breeding conditions for the field and the duration of the event is determined not to exceed two years. this time, It can not be extended under any circumstances except for reasons. Breeding commission takes its decisions by consensus. In the absence of unanimity of the application file will be sent to the Ministry for final decision. Treatment decisions are communicated to the applicants by commission. Facility owners, It is obliged to fulfill conditions set by the improvement in the duration of the breeding commission.
(7) Correctional facilities do not fulfill the conditions excluded from breeding OSB borders.
(8) Governorship, Following receipt of the breeding grounds of the report of the commission decision, inspection reports and breeding commission consisting of the decision sends the application file to the Ministry. during the examination, Ministry requested additional information and documents can be seen in case of need.
(9) OSB, a member of the site selection committee by the Ministry to institutions and organizations, The information includes the features and layouts are sent giving sufficient time. Institutions and organizations on behalf of the designated authority and jurisdiction to give a final opinion on issues of history and are asked to send their representatives to the commission will be collected in place. opinions and proposals on matters notified to the Commission within thirty days after. opinion of the institutions and report its opinion within this period, Positive opinion from the Ministry and accepted by institutions and unanimously determined in accordance with suggestions OSB boundaries are finalized. OSB case of not achieving unanimity within the scope of site selection is decided by the Ministry Regulation.
(10) Correctional OSB, Terms of breeding and breeding period determined by the Commission's protocol provider is registered with Ministry approval and registration in the register gains legal personality.
(11) Legal personality winner in breeding OSB, All permits and licensing procedures, reclamation work is conducted in accordance with the general provisions of the legislation until completion. Realization of breeding conditions, Breeding commission monitored and reported to the Ministry in the six-month period. The Ministry, if necessary, or upon complaint, also controls the breeding site examinations of the fulfillment of conditions.
(12) by improvement in the period from the date the application is terminated by the Ministry ex officio actions of those who win the OSB OSB losing their legal personality and qualifications, Is canceled from the register.
TEMPORARY TOPIC 4 – (1) Allocations made before the date when the law was promulgated and / or regarding vested rights; Cancellation of participants will be issued at the price of a plot of land; enterprising committee / year, provided that the General Assembly decided least land price determined by the statutory interest rate, Year parcels are paid at not more than OSB OSB determined by the allocation cost.
TEMPORARY TOPIC 5 – (1) 1/7/2017 Of the Act prior to the date 15 Article creditors within the framework of the establishment of the immovable property of, latest 1/7/2019 until the date can not be sold or rented in case of failure, ASD is detected by experts ingenuity real estate prices will be determined by the court upon the application, creditors account hospitalized real estate agencies, OSB is registered on behalf of. Ministry, When requested by the OSB, Will arise under the implementation of this article may credit the portion up to all of the acquisition costs for immovable.
TEMPORARY TOPIC 6 – (1) It has received construction permits before the date of entry into force of this Regulation, 60 The first paragraph of article Inc. (b) Of the second paragraph by paragraph (b) opening a business and working license within the periods specified in subparagraph take this land and allocate time for participants of cancellation, The participants from the date of entry into force of this Regulation 3 within months begins again with recourse to the OSB management. In addition, the latest legal personality OSB 1 All participants in this case is obliged to inform about it in months.
MATTER 102 – (1) This Regulation shall enter into force on the date of publication.
MATTER 103 – (1) This Regulation shall be executed by the Minister of Industry and Technology.