OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 4 Year No. 32 ADDIS ABABA - 3 April , 1998 CONTENTS Council of Ministers Regulations No. 33/1998 Micro and Small Enterprises Development Agency Establishment Council of Ministers Regulations Page 726 COUNCIL OF MINISTERS REGULATIONS NO . 33/1998 COUNCIL OF MINISTERS REGULATIONS TO PROVIDE FOR THE ESTABLISHMENT OF THE MICRO AND SMALL ENTERPRISES DEVELOPMENT AGENCY These Regulations are issued by the Council of Ministers Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No. 4/1995 . These Regulations may be cited as the “ Micro and Small Enterprises Development Agency Establishment Council of Ministers Regulations No. 33/1998 . " 2. Definitions In these Regulations , unless the context otherwise requires : 1 ) " Ministry " or " Minister " means the Ministry or the Minister of Trade and Industry , respectively . 2 ) “ Micro Enterprise " or " Small Enterprise " means businesses engaged in commercial activities other than technological and consultancy services , the criteria of which shall be determined in the directives to be issued by the Ministry . 3 ) “ Region " means any of those Regions specified under Article 47 ( 1 ) of the Constitution of the Federal De mocratic Republic of Ethiopia and , for the purpose of these Regulations , includes the Addis Ababa and Dire Unit Price * The African Law Archive * 3. Establishment 1 ) There is hereby established the Micro and Small Enter prises Development Agency ( hereinafter the Agency ' ' ) as an autonomous federal government institution having its own legal personality . 2 ) The Agency shall be accountable to the Ministry . Office of the Agency The office of the Agency shall be in Addis Ababa . 5. Objectives of the Agency The objectives of the Agency shall be to encourage , coordinate and assist institutions which provide support to the develop ment and expansion of Micro and Small Enterprises . 6. Powers and Duties of the Agency Without prejudice to specific powers and duties given by law to other government institutions , the Age shall have the following powers and duties : 1 ) to propose policies and strategies for the development and expansion of Micro and Small Enterprises and ensure their implementation upon approval ; 2 ) by studying the demand for trainings required to speed up the development of Micro and Small Enterprises , to centrally conduct appropriate training of trainers program mes for same ; 3 ) to encourage and support the establishment of skill up grading , technical and demonstration centres in different regions of the country ; 4 ) to establish a coordinated working relationship with regional government organs , regional agencies to be established for this purpose and the private sector with respect to the development and expansion of Micro and Small Enterprises ; 5 ) to prepare and disseminate technology and project profiles by selecting appropriate technologies required for the promotion and development of Micro and Small Enter 6 ) by establishing a working relationship with relevant research institutions , to cause the undertaking of tech nological research and development activities that benefit the economic sector and publicize the results thereof ; 7 ) to collect , compile and disseminate information on market , business activities and other related issues relevant to the economic sector ; 8 ) to organize and coordinate trade exhibitions relevant to the economic sectory 9 ) to promote the importance of networking and exchange of information among the enterprises ; 10 ) to promote and enhance the concept of total quality management and subcontracting arrangements among the enterprises ; * The African Law Archive • No . 32 3 April , 1998 Page 728 11 ) to provide every assistance to those regions that are not capable of delivering support services to Micro and Small Enterprises , until they develop such a capacity ; 12 ) to charge fees for the services it renders ; 13 ) to own property , enter into contracts , sue and be sued in its own name ; 14 ) to perform other activities necessary to accomplish its objective . 7. Organization of the Agency The Agency shall have : 1 ) a Board of Management ( hereinafter the Board ' ' ) ; 2 ) a General Manager to be appointed by the Minister upon the recommendation of the Board ; and 3 ) the necessary staff . 8. Members of the Board 1 ) The Board shall constitute seven members to be designated by the Government from government institutions and the private sector . 2 ) The Chairperson shall be assigned by the government from among the members of the Board . 9. Powers and Duties of the Board • The Board shall have the following powers and duties : 1 ) to deliberate upon policy matters concerning the Agency's activities and submit proposals to the Ministry ; 2 ) to submit long and short term plans , annual work programme and budget of the Agency to the Ministry and , upon approval , supervise the implementation of same ; 3 ) to prepare and submit to the Ministry draft directives , based on the general principles of federal civil service laws , for the employment and administration of the staff of the Agency and , upon approval , supervise the implementation of same ; 4 ) to give general directives to the General Manager ; 5 ) to approve the employment , assignment , and dismis sal of those officers of the Agency directly accoun table to the General Manager . 10. Meetings of the Board 1 ) The Board shall have a regular meeting once every month ; it may , however , convene extraordinary meetings as deemed necessary . 2 ) There shall be a quorum where more than half of the members of the Board are present . 3 ) Without prejudice to the provisions of sub - Article ( 2 ) of this Article , the Board shall decide by a majority vote . In case of a tie , the Chairperson shall have a casting vote . 4 ) Without Prejudice to the provisions of this Article , the Board may adopt its own rules of procedure . The African Law Archive * No. 32 3 April , 1998 Page 729 11. Powers and Duties of the General Manager 1 ) The General Manager shall be the chief executive officer of the Agency and shall , subject to the general directives of the Board , direct and administer the activities of the Agency . 2 ) Without limiting the generality of the provisions of sub Article ( 1 ) of this Article , the General Manager shall : ( a ) exercise the powers and duties of the Agency specified in Article 6 of these Regulations ; ( b ) employ , administer and dismiss the staff of the Agency in accordance with the directives issued persuant to Article 9 sub - Article ( 3 ) of these Regulations ; ( c ) prepare and submit to the Board the work program and budget of the Agency and implement same upon approval ; ( d ) effect payment in accordance with the approved budget and work program of the Agency ; ( e ) represent the Agency in its dealings with third parties ; ( 1 ) prepare and submit to the Board the performance and financial reports of the Agency . 3 ) The General Manager may , to the extent necessary for the efficient performance of the activities of the Agency , delegate part of his powers and duties to other officers and employees of the Agency . 12. Budget The budget of the Agency shall be drawn from the following sources : 1 ) budgetary subsidy made by the Federal Government ; 2 ) service fees collected ; and 3 ) any other source . 13. Books of Account 1 ) The Agency shall keep complete and accurate books of account . 2 ) The books of account and financial documents of the Agency shall be annually audited by the Auditor General or by an auditor assigned by him . 14. Effective Date These Regulations shall come into force as of the date of their Done at Addis Ababa , this 3rd day of April , 1998 . PRIME MINISTER OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA * * The African Law Archive *