The Industrial Training Amendment Act 2022 - as Plain Text by MWakili

NATIONAL COUNCIL FOR LAW REPORTING LIBRARY SPECIAL ISSUE Kenya Gazette Supplement No.

60 (Acts No.

13) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT ACTS, 2022 NAIROBI, 8th April, 2022 CONTENT Act PAGE The Industrial Training (Amendment) Act, 2022 149 NATIONAL COUNCIL FOR LAW REPORTING1 RECEEIVE7D 20 AR 2022 00100, P.

0.

Box 1u443 NAI ROB I , KENYA TEL: 2719231 FAX: 2712694 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI 149 THE INDUSTRIAL TRAINING (AMENDMENT) ACT No.

13 of 2022 Date of Assent: 4th April, 2022 Date of Commencement: 22nd April, 2022 AN ACT of Parliament to amend the Industrial Training Act by the Parliament of Kenya, as follows- ENACTED Short title.

This Act may be cited as the Industrial Training 1.

(Amendment) Act, 2022.

Amendment of The Industrial Training Act (hereinafter referred to 2.

section 3A of Cap.

as "the principal Act") is amended in section 3A by 237.

deleting paragraph (b).

Deletion of section The principal Act is amended by deleting section 3.

5B of Cap.

237 5B and substituting therefor the following new section Training levies.

(1) The Commissioner- 5B.

General of the body responsible for the assessment and collection of revenue shall be responsible for collecting training levies from employers.

For purposes of this Act, the (2) Commissioner-General shall have all the powers conferred on the Commissioner-General by the Kenya Revenue Authority Act and Income No.

2 of 1995.

Tax Act.

Cap.

470.

An employer shall pay the (3) training levy to the Commissioner- General at the time when an employee's salary is payable and shall be remitted to the Commissioner- General not later than the fifth day of the month following the month in which the levy becomes due.

The training levy collected (4) under this section shall be paid into the Training Levy Fund.

150 No.

13 Industrial Training (Amendment) 2022 (5) A training levy shall not be deducted from the emoluments of an employee.

(6) Subject to the provisions of this Act, the Income Tax Act and the Kenya Revenue Authority Act shall Cap.

470.

apply in this Act including in respect No.2 of 1995.

of (a) the payment and recovery of the levies and penalties; (b) assessment of levy payable; (c) filing of returns; (d) the furnishing of information and production of documents; and (e) keeping of records.

4.

Section 5C of the principal Act is amended by Amendment of section 5C of Cap.

237.

(a) deleting the marginal note and substituting therefor the following new marginal note "Distribution of training levies".

(b) deleting sub-section (1A); (c) deleting sub-section (2) and substituting therefor the following new sub-section "(2) The Director-General, acting on the advice of the Board, shall make payments out of the Fund not later than the fifteenth day of each month as follows (a) sixty percent of the training levies collected shall be used for the reimbursement of employers for the training costs incurred including costs and wages of apprentices, interns or indentured learners while attending training courses or industrial attachment; (b) twenty percent of the training levies collected shall be used for funding the establishment and operation of technical and vocational education and training institutions established across the country; 151 2022 Industrial Training (Amendment) No.

13 (c) ten percent of the training levies collected shall pursuant to section 12(1)(e) of the Higher No.

3 of 1995.

Education Loans Board Act be allocated and disbursed to the Higher Education Loans Management Board for purposes of funding the training of students in technical and vocational education and training institutions; (d) ten percent of the training levies collected shall be used for such other expenditure related to training as may be approved by the Board.

Amendment of the 5.

Part II of the First Schedule to the Kenya Revenue First Schedule to Authority Act is amended by inserting the following new No.

2 of 1995.

paragraph immediately after paragraph 10 (10A) The Industrial Training Act (Cap.

237.).