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On behalf of the people

By Billy Barnes,2014-11-25 09:03
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On behalf of the people

On behalf of the people

    Republic presidential

    Due to the roles of temporary constitution, agreement of ministers’ council and national council of revolution leadership, the following law is issued:

Chapter one

    The introduction

    Article {1}

    The following expressions have the meanings that showed with:

    1- Municipality: its local foundation has artificial personality and it acts

    the works and general services that have been versioned in this law or

    any other one.

    2- The municipality foundation, Iraq municipalities, transportation

    establishment, Baghdad sewage and water foundation, Basra water

    and electricity foundation or any other foundation which connects to

    ministry of municipalities affairs.

    3- The council- capital council or local council.

    4- The minister- local or village affairs minister.

    5- Department manager- capital Mayer, general managers, towns’

    mayors or any employee whom authorized by ministers council

    decision.

    6- The administrative authority--- it means the minister {for capital} or

    mayors for other municipalities.

    7- Administrative unit manger---it means governor, Mayer or district

    manager.

    8- Employeeit means any person whom gave permanent job

    {employment} which he would be join for different entities {official

    ones}.

    9- The user {whom been used by}: any individual whom gave permanent

    job and would be joined for any official entities {ministry,

    department…}

    10- Municipality incomes: all what the municipalities get either

    through taxes {fees} or through its projects.

    11- The street: the streets and public roads or private ones that belong

    to municipality borders.

    12- The public utilities: like hospitals, medic centers, IPs stations,

    schools, public; laboratories, municipalities sections and its projects.

    Article {2}

    The purpose of the existing municipality {that present right now} or any municipalities which would be created just to afford the public services properly in any location due to this law roles also the council is authorized to determined municipalities areas, extension or connecting each to other after obtaining Minster agreement, this will be announce in official newspaper.

Article {3}:

    The municipality has artificial personality as the following: 1- It has the legal rights, which had been given by the laws roles. 2- It obtains the taxes, fees according to laws roles.

    3- It will use the authorities to enable it doing missions according to

    roles of this law or other laws.

    4- It’s authorized to make contracts {different types} according to this

    law role.

    5- It will be an opponent in claim that arranged against it or arranged

    by it against others.

    6- It works by all orders or instructions that issued by the government

    due to this law.

    7- It is independent entity {in financial field}.

    8- Council- members shouldn’t be less than five and not more than 21

    including capital Mayer or municipality manager with take care of

    what had been mentioned in paragraph {2} article {18}.

    9- Map and border description, which should be certified by the

    minister and including municipality name and its borders {detailed

    one}.

The second chapter:

    Creating municipalities

Article {5}

    1- Strict and district center whatever its population.

    2- The villages that not less than {3000} person depending on minister

    request {he will afford his request}.

    3- Villages that its population not more than {3000} person not less than

    {1000} person with depending on administrative suggestion and

    financial capabilities available with getting minister agreement about. 4- The municipalities that created before this law {in small village which

    less than 1000 person} and the minister is authorized to cancel due to

    administrative authority suggestion.

Article {6}

    Before creating any municipality, the minister should prepared the map and its borders description then announcing that in official newspaper through {30 days}. He will accept the objections and notices of official departments, relative citizens then he will decide {get his decision}. Minister decision will be submission to the ministers’ council objection {through 10 days} of his decision issue date.

Article {7}

    The municipality is created by minister announcement, which spread out, in official newspaper.

Article {8}

    The municipality borders have been mandated by council decision, this decision should be certified by administrative authority and minister agreement.

Article {9}

    The municipality is divided into sectors {according to capacity and need} and every sector has its own municipality sector to be in charge of affording public services. Creating sectors or canceling them will be by council decision that certified by administrative authority and minister agreement.

Article {10}

    Baghdad municipality names as capital municipality and its chief will be named as capital secretary.

Article {11}

    1- The municipalities are classified according to its population {last

    official statistic} as the following:

    A- Capital secretariat {special class}

    B- Municipalities of Mosul, Basra, and Karkuk are excellent level.

    C- Municipalities of city centers {it population not less than

    75000 person} are first class.

    D- The municipalities that its population not less than 15000

    person will be second class.

    E- The municipalities that its population not less than 5000

    person will be third class.

    F- The municipalities that its population less than 5000 person

    will be fourth class.

    G- The municipalities’ classification will mandate {changed} after

    any statistics results then these mandates will announce in

    official newspaper.

Chapter three

    Canceling the municipalities

    Article {13}

    The minister has the right of canceling the municipality due to administrative authority suggestion and supporting of general council in the following cases:

    1- Loosing its creating reasons.

    2- Connecting it with another municipality.

    3- If it’s financial case is not good to complete its actions.

Article {14}

    In case of municipality cancel, same roles of article {6} will apply to make objection…

Article {15}

    The municipality cancel will be by minister list that spread out in official newspaper.

Article {16}

    The municipality assets will be dissolution due to the minister request which had been canceled then its movable assets will transfer {move} as the following:

    1- To the central municipality of the administrative unit if it’s

    canceled due to paragraph {1,3} of article {13}.

    2- To the united municipality if its canceled due to paragraph {2}

    article {13}

Chapter four

Municipality authorities

Article {17}

    The municipality has two authorities in doing action, first getting decision {it decides}, watching {this authority is acting by council due to this law, second authority is executive one {it is acting by capital Mayer or municipality manager with executive committee}.

The first part---watching and deciding authority st1 creating the council

Article {18}

    1- The council is consisting of specific members that determined

    by the municipality class as the following {including} the chief:

    A- The special class is consisting of 17 members.

    B- The excellent class consists of 13 members.

    C- First class consists of 11 members.

    D- Second class consists of 9 members.

    E- Third class consists of 7 members.

    F- Fourth class consists of 5 members.

    2- The ministers council can increase the members of capital

    municipality due to minister suggestion and the minister himself

    is authorized to increase the members of other municipalities

    but not over than limited number which mentioned in article {4}

    before the election {30 days before that election}.

    Article {19}

    Membership period is 4 years since its first meeting {the council}.

Article {20}

    The council members are honorary

    Article {21}

    The council members are elected among same municipality area, this election is free, direct and secret voting due to private election