DOC

On behalf of the people

By Billy Barnes,2014-11-25 09:03
8 views 0
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 law.

Article {22}

    1- The capital municipality and other municipalities’ managers

    are appointed {hired} by specialist entities due to valid laws.

    2- The council should elected in its first meeting deputy of capital

    municipality or municipality chief to do his action if he is on

    leave {this election should be secret voting}.

    3- Any person whom been elected as municipality manager {for

    short period} will be granted half qualities {half financial one}

    that chief is getting.

    Article {23}

    The capital municipality chief should be completed 25 years old and he should get one of the following degrees:

    a- High degree {4 years study at least} or its matched one {this for

    capital municipality, execellent municipality class, first class}. b- High school level for second class.

    c- The intermediate school level for third and fourth class.

Article {24}

    1- The council member whom chose to be municipality

    deputy {in case of original chief absent} will be grant

    half of original chief salary {he will get half of original

    manager salary}.

    2- The attorney roles will be applied on whom elected in

    capital municipality or municipality presidential.

    Article {25}

    1- Its not allowed for council member to join two councils

    in one {it} time {local council with legislative one for

    example} and if he does that, he will be considered as

    equated one. Its allowed for whom elected to be member

    in local council to keep his membership but he should be

    care about the following:

    A- The elected person for local council should

    submitted his resignation from other councils {that

    he is member in} also he should inform the

    minister or administrative authority written {his

    inform is written one} before getting first meeting

    of local council.

    B- If the opposite thing happens for what mentioned

    above, he should inform the minister or

    administrative authority by that in written}.

    2- if some employee has been elected to be council member,

    he will be considered resonated of his original job if he

    didn’t submitted his resignation to the minister before the

    first meeting of local council.

     Article {26}

    The person whom been elected for more than council, should inform the administrative authority which one he prefers to stay in, this inform should be written and before the first meeting of and if he didn’t do that they will

    considered him equated from all.

Article {27}

    Its forbidden for relatives {till fourth degree} to be members in same council and if such case got, council should pick one of them {if thy got same votes} then let the reserved members get the second position of the second relative whom hadn’t been elected to full the space position before the first meeting of that council.

Article {28}

    1- Reserved members {depending on their votes} should

    occupy the free position {non-occupied} in the council in

    the election.

    2- Completed election will achieve to full the free position

    in council if the reserved ones cant full them or half

    positions are free {non occupied}.

     nd2

    Council action

Article {29}

    1- The council will get weekly meeting {once per week} at

    least, that meeting should be public {not secret} but it

    will be secret one if the majority members ask also can

    be arranged extraordinary meeting if capital

    municipality or council chief ask to get that. 2- The quorum is completed if half members are attending. 3- The chief will be head of council though meeting and his

    deputy will get same role if he {chief} being absent then

    the oldest member will be head if they are absent {chief,

    his deputy}.

    4- The members will be informed about the cases that they

    will discuss in their meeting either by chief or his

    representatives they can add what they want to schedule

    issues but with agreement of majority. The member is

    authorized to ask the chief any irrelative question then

    chief will answer him in same meeting or postponing to

    the next one {meeting} but its forbidden to get any

    decision about that question in same meeting. 5- The council is authorized to bring any employee and get

    him questioning about his action.

Article {30}

    1- The council members are equal in voting right and its

    forbidden to do voting by delegating.

    2- The voting will be in public but the council could do it

    secret bone if the members majority request that. 3- The council decisions will be get through the members

    majority {the attendees} just budget issue will be decided

    with depending on majority members {2/3} and not only

    the attendees}.

    4- If the votes are equal in treating specific issues, the

    council should postpone it to the next meeting and they

    will invite all the absent members of previous meeting

    and if they fail again to get decision {majority votes}, the

    capital municipality chief or municipality chief will

    arrange two decisions {one supported and second is

    contrary then submitted to the minister {for capital

    muni…} and for administrative authority for other

    municipalities classes. The minister and administrative

    chief are authorized either to certified one of those

    decisions or preventation on both so the council cannot

    review through same year decision {they have to

    postpone it into next year to get decision about}.

Article {31}

    1- The council minutes will be written ones with its

    decisions and at the end of each meeting, they will be

    read on members to sign on also the opposite’s will sign

    with mentioned their reasons to opposite.

    2- The municipality will arrange special file for minutes and

    decisions.

Article {32}

    If the following get personal benefit {minister, administrative authority, council, capital municipality Mayer, municipality chief, council member or their relatives till fourth degree} through discussion any subject in council so these mentioned shouldn’t participate in that discussions.

Article {33}

    1- The council is authorized to create either permanent or

    temporary committees {consist of council members} who

    are experienced or from other {not council members} to

    used their experiences in treating council issues. 2- The members of those committees don’t get pay for their

    actions in these committees if they are council members

    or employees in municipality.

    3- It’s forbidden to hire any members in municipality

    committees out of council members.

Article {34}

    1- The capital municipality Mayer, municipality chief

    should announce about the council decisions especially if

    its necessary for citizens to get knowledge about {they

    use the possible ways to achieve it}.

    2- The capital municipality Mayer, municipality chief

    should send certified council decisions copies to ministry

    of municipality affairs and administrative authority chief

    through five days of its issued date in order to get

    knowledge about.

    3- The relative entities can get certified municipality

    decisions copies.

Article {35}

    The council member will be considered equated one due to council decision that certified by administrative authority in the following cases:

1- If he didn’t attend the council meeting four times and

    without legal reason {consequence absent} after being

    informed written before the fourth one.

    2- If he cannot do his actions {for heard reasons} like he

    cannot attend the meeting six consequence months.

Article {36}

    1- The council member will loose his membership if he gets

    one of the following cases:

    A- If he gets court decision {not political issue} but

    for dishonor offense.

    B- If he being prevented from civil rights.

    C- If he looses one of candidate conditions

    2- For member whom be included by what we mentioned

    above, he is authorized to review the decision before the

    minister within seven days of inform date then minister

    decision will be final one.

    Article {37}

    1- The member can submitted his willing to equate and the

    council can accept or refused it but if he insists on his

    request council should accepted it.

    2- The member equate is accepted after it been certified by

    the minister.

Article {38}

    The council is authorized to fire any member if that member behavior led to damage municipality reputation but minister should certify this decision.

Article {39}

    If any council member has sent to the criminal court for accusing him by capital offense {not political one} will be prevented to do his action till he been freed or being not- guilty {innocent}.

Article {40}

    1- The council decisions will be null if council pass over its

    functions to issue such decisions so in this case minister

    will cancel these decisions and his decision will be valid

    since its issue date.

Report this document

For any questions or suggestions please email
cust-service@docsford.com