DECISION NUMBER : KHK / 388

The Council of Minister has decreed upon establishment of the Southeastern Anatolia Project Regional Development Administration, on 27 Oct. 1989, based on the authority vested as per the Laws dd 12 March 1986, no 3268, dd 9 April 1987, no 3347, dd 12 Oct. 1988, no 3479, and dd 1 June 1989 no 3569.

Article 1 - (Amended : 4/11/2005 - Art. 5254/1) The purpose of the present Statutory Decree is to provide principles and rules governing establishment and tasks of the Southeastern Anatolia Project Regional Development Administration, which has a judicial personality, affiliated to the Prime Ministry and a duration of 18 years, which shall provide or cause to be provided such services as planning, infrastructural services, services related with licenses, housing, industry, mining, energy and transport, to ensure a rapid development of the regions under the Southeastern Anatolia Project, take actions or have the same taken to improve the educational level of the local population, and to ensure coordination among the relevant agencies and organizations.

Article 2 - The duties of the Southeastern Anatolia Project Regional Development Administration are as follows:

1. (Amended : 4/11/2005 - Art. 5254/1) To prepare, and cause to be prepared, the necessary research and implementation projects for the GAP region covering the provinces of Adiyaman, Diyarbakir, Gaziantep, Mardin, Siirt, Sanliurfa, Sirnak, Batman and Kilis;
2. To guide, assess the progress of, and monitor the activities conducted in the region;
3. To conduct, guide and coordinate the activities related to investments undertaken in agriculture, mining, manufacturing industry, energy, transport, communications, construction, tourism, other public works, human resources, social economy, science, research, development, technology, environment, urbanism, regional development and culture in order to achieve rapid development in the region under longterm plans and annual programmes;
4. To carry out regional planning in such a way so as to achieve intersectoral integration in the region;
5. To conduct the necessary work in the areas of resource utilization, foreign economic relations, financial balance, credit, banking, prices and capital markets;
6. (Amended : 25/1/2006 - Art. 5449/30) To design or have others design master and implementation plans;
7. To organize road, water and power supply, sewerage, housing, industry and transport services;
8. To ensure coordination in the construction of all types of buildings and facilities for governmental bodies;
9. To ensure, in coordination with the Ministry of National Education and other concerned governmental bodies, that the people's level of education in all areas including agricultural is raised and that educational institutions at all levels are established; and
10. (Addendum : 25/1/2006 - Art. 5449/30) To perform coordination tasks related to development agencies to be established in the region covering the provinces of Adiyaman, Batman, Diyarbakir, Gaziantep, Kilis, Mardin, Siirt, Sanliurfa and Sirnak in line with principles and procedures to be laid down by The State Planning Organisation;
11. To carry out other duties that may be assigned by the Prime Ministry in this regard.

Article 3 - The Southeastern Anatolia Project Regional Development Administration consists of the Southeastern Anatolia Project Supreme Committee and the Presidency of the Southeastern Anatolia Project Regional Development Administration (the GAP Administration).

The GAP Administration has the duty and power of carrying out the activities enumerated in Article 2 above.

(Anulled third paragraph : 25/1/2006 - Art. 5449/30)

Article 4 - The Southeastern Anatolia Project Supreme Committee is composed of the Ministry of State in charge of Southeastern Anatolia Project, the Ministry of State with whom the State Planning Organization is associated, and the Ministry of Public Works and Housing, presided over by the Prime Ministry or a Minister of State to be assigned by the Prime Minister.

Regulation which shall be put into effect subject to approval by the Prime Minister.

Other ministers may be invited to attend Committee meeting, where necessary, to be held on the respective issues.

Article 5 - The GAP Administration is composed of a chairman, two deputy chairmen and adequate number of personnel.

The chairman and deputy chairmen shall be subject to the provisions of article 59 of the Law on Government Employees no 657. Chairman and deputy chairmen shall be appointed by the Prime Minister.

Article 6 - The Administration may hire employees under employment contracts, without being subject to the provisions of the Law on Government Employees no 657 and other applicable laws concerning employment under employment contracts, provided that such employment shall be based on payroll positions of chairman and deputy chairmen.

Further, local or expatriate experts may be hired under employment contracts, wherever special skills or specialists are needed, without being subject to the provisions of other laws concerning employment based on employment contracts and without being dependent to availability of apyroll positions.

Terms and procedures of the employment contracts to be executed with the persons to be hired as provided above, as well as their salaries and other benefits shall be established by the Council of Ministers. Those who work subject to an employment contract may be associated with the Pension Fund of Turkey, if they so require.

Employees of government agencies with general budget or supplementary budget, state economic enterprises, public economic organizations and any subsidiary or affiliate there of may be employed by the GAP Administration, based on employment contracts. Relevant organizations or agencies shall give priority to the request of the Administration in that regard. Those who are so employed shall be deemed as on unpaid leave by their original employers. During such leave period, their personnel rights shall be reserved and such periods shall be counted with respect to promotion and retirement. They shall be promoted when due, without and futher formality.

Further, the personnel who work for the agencies in the fifth paragraph may be temporarily assiggned to work for the GAP Administration, provided that their salaries, allowances, any bandits as well as other financial or social benefits and aids shall be paid by their orginal employer.

Article 7 - The GAP Administration may hireacademic members of Universities, their assistants, local or foreign real or judicial persons under contract, to fulfill research, survey, project evaluation and similar works, in connection with drawing up, implementation and coordination of plans.

The provisions of the State Tender Law shall not apply to above.

Article 8 - The payroll positions shown on the attached list have been established and annexed to the schedules incorporated into the Statutory Decree no190, under the heading of the GAP Administration.

Article 9 - (Amended : 11/12/1997 - Art. 4314/1) All expenses that the Administration incurs in performing duties assigned under the present Decree Law shall be covered from the following resources :

1. Allotments in the Budget of the Office of Prime Ministry,
2. All kinds of aid, loans, grants and donations,
3. Interest accrual, returns to services, rent and other revenues.

The budget is to be prepared by the Presidency of GAP Administration in coordination with the Ministry of Finance, State Planning Organization and Undersecretariat of Treasury and take effect upon the approval of Prime Minister. Investment projects envisaged by the budget are subject to principles and procedures relevant to the preparation of annual investment programs.⁽¹⁾

The payment authorization rests with the President of GAP Administration, who may delegate his/her authority to Deputy Presidents.

Article 10 - Any equipment, instrument, building or facility needed by the GAP Administration shall be met by the Ministry of Public Works and Housing, and other relevant agencies, upon request of the Administration, subject to approval of the Prime Ministry.

Article 11 - any action to be taken as Per this Statutory Decree is not subject to provisions of Law on Public Accounting no 1050 Law, on the Supreme Council of Public accounts no 832, and the State Tender Law no 2886.⁽¹⁾

Article 12 - Auditing of the GAP Administration shall be conducted as Per the Statutory Decree on the Supreme auditing Board of the Prime Ministry, dd 20 October 1963, no 72.

Article 13 - (Amended : 4/11/2005 - Art. 5254/1) The payroll positions established as Per this Statutory Decree shall be cancelled 18 years later without any further procedure, and deleted from the relevant text of the schedule annexed to the Statutory Decree no 190.

Any and all rights of those who are appointed to the said payroll positions shall be reserved when such positions are cancelled, and maintained until they shall have been appointed to new positions consistent with the former ones.

Article 14 - This Statutory Decree shall become effective when published.

Article 15 - The executive body for this Statutory Decree is the Council of Ministers.

PROVISIONS NOT INSERTED TO THE DECREE LAW NO: 388, DATED 27/10/1989

1. PROVISIONS ARTICLES OF THE DECREE LAW NO: 4314, DATED 11/12/1997 :

Provisional Article 1 - Annex budget is introduced within a time period of two months following the date on which the present law takes effects.

Provisional Article 2 - Allotments to the GAP Administrations from the Public Partnership Fund for the years 1997 and 1998 are separately appropriated by the budget of the Administration.

Annex Article 1 - Reserving for matters related to national defense and nationaly security, the GAP Regional Development Administration is authorized to request directly from all governmental organizations and agencies as well as real and corporate persons all kinds of information that it considers relevant for its mandate. All governmental organizations and agencies and real and corporate persons from whom such information is requested are obliged to furnish relevant information timely.

Of such information, those which are of commercially confidential nature are used by observing the principles of confidentiality.

The GAP Regional Development Administration acts in close cooperation with governmental ministries, governmental organizations and agencies, public economic enterprises, other public agencies and non-governmental organizations in collecting information related to the GAP, drafting plans and monitoring of implementation.

⁽¹⁾ In relation to the implementation of these clauses see, provisions of the law no.5018 dated 10/12/2003 and also Article 37 of the budget law no.5277 for the Fiscal Year 2005, dated 28/12/2004.

Last Update : October 2^nd, 2007