National Transitional Council (NTC)
- Decree No. (130) of 2013 issuing the executive regulation of Law No. (59) of 2012 on local administration system
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|Law No. (59) of 2012 on the local administration system|
Law No. 59 of 2012
Concerning the Local Administration System
The Interim National Transitional Council (NTC)
Upon review of:
issued the following law:
Scope of Implementation
The provisions of this law shall be applicable to all local administration units across the State.
For purposes of this law, the following terms and expressions shall have the meanings ascribed to them unless the context indicates otherwise:
State: the State of Libya
Minister: Minister of Local Government
Council: The provincial council, municipal council, High Council of Local Government, or the Supreme Council of Regional Planning, depending on the case.
Unit: The local administration unit, regardless of its name
Governor: President of the provincial council, elected in accordance with the provisions of this law
Mayor: Head of the municipal council, elected in accordance with the provisions of this law
Deputy: Deputy of the province office or deputy of the municipality office, and the executive who oversees the accomplishment of all the activities of the Unit.
Law: The law on local government system
Executive Regulation: The executive regulation of the law on local government system
Legislation: the laws, regulations, decisions and codes of procedures governing the local government units, depending on the case.
Local Administration System
The local government system in Libya consists of provinces, municipalities and localities.
Establishment of Local Administration Units
Independent Legal Personality and Financial Liability
All provinces and municipalities shall have legal personality and independent financial liability.
Jurisdiction of Local Administration Units
Local administration units shall, within the limits of public policy and the general plans of the State, establish and manage all public utilities within their scope, and shall oversee the employees thereof based on the general directives of the Ministry of Local Government.
Such units shall, each within its jurisdiction, assume all functions entrusted to ministries by the laws and regulations in force, except those related to national or special utilities, which shall be determined by a Cabinet decree.
The Executive Regulation shall identify the utilities to be established and managed by provinces and those to be established and managed by other local administration units. The Executive Regulation shall indicate the functions prescribed by this Article that shall be exercised by provinces, municipalities and units.
Provinces shall exercise all functions related to public utilities that do not fall under the jurisdiction of other units in the province.
Provincial and Municipal Councils
Each province and municipality shall have a council that is formed in accordance with the provisions of this law. Such Council shall bear the name of the region thereof and shall have its headquarters in the capital thereof.
For a person to be selected as Council member, he must meet the following requirements:
Term of Local Councils
The term of provincial and municipal Councils shall be four years unless such Councils are dissolved before the end of their term. Council members shall work on a full-time basis.
Before taking office, all governors, mayors, members of provincial and municipal Councils and mukhtars of localities shall publicly take the following oath in the conference hall of the Council:
"I swear by Almighty God to perform my duties with honesty and integrity, to observe the law and the internal regulations of the Council, to fully respect the interests of the Libyan people and to preserve the independence, security and unity of Libya", in the presence of the Minister or the delegate thereof. They shall sign the oath document to be kept in the Council’s files.
Components of the Provincial Council
The provincial council shall consist of the following constituents:
Jurisdiction of Provincial Councils
Within the limits of the public policy of the State, the provincial council shall assume, the oversight, guidance, control and follow-up of administrative and financial affairs of the province. It shall also be responsible for the general oversight of municipal activities and the various utilities and activities that fall under the jurisdiction of the province in accordance with the law.
Such Council shall oversee and follow up on the execution of local development plans as prescribed by law and the Executive Regulation.
Within the framework of the law, the general plan, and the approved budget, the Council shall particularly undertake the following:
Cooperation Facilities in the Field of Human Development and Defence
Within the capacities of the province, the provincial council shall provide all necessary facilities to establish or operate the following utilities:
Functions of Governor
Powers of the Governor
The Governor may take, by administrative means, the necessary measures to address serious and sudden circumstances of which he is officially or personally notified, in particular:
The Governor shall immediately notify the Minister of any dangerous circumstances and the procedures taken in that regard for approval.
Administrative Liability of the Governor
The Governor shall be responsible before the Minister for performing his functions as prescribed by this law. He shall commit to submitting regular reports to the Minister on the outcomes of the different activities carried out by the province and any matters that require coordination with other provinces or concerned ministries, provided that the Minister submits to the Prime Minister periodic outcome reports on the activities of provinces.
Delegation of Functions
Procedures of Provincial Councils
Quorum and Vote
Demonstration and Sit-in Requests
The Council shall be required to look into the demands raised by demonstrations and sit-ins and into the petitions of civil society organizations, which are referred by municipalities with the recommendations of their municipal councils, and it shall adopt the necessary recommendations in such regard.
Specialized Committees and Provincial Shura Council
Organization of Provinces
The administrative service of the Governor shall consist of the Governor and his affiliated offices and committees, and of the Province Office. The Minister shall issue a decree concerning the organizational divisions and standard functions of the local administration system units.
At the provincial level, the relation between the Governor and municipalities shall be governed by the rules set forth in this law and the Executive Regulation thereof, in particular:
In general, the municipality shall be in charge of the enforcement of municipal regulations, and the establishment and management of public utilities related to urban planning, organization, buildings, health and social affairs, water utilities, lighting, sanitation, roads, squares, bridges, local transportation, public hygiene, gardens, public recreation areas, shelters, real estate, spaces, public markets, and construction permits for tourism and investment projects within the boundaries of the municipality. The municipality shall establish and manage within its jurisdiction, whether personally or through an intermediary, the institutions that it deems able to execute the functions thereof in the manner prescribed by the Executive Regulation of this law.
In particular, the municipality shall assume the following functions:
The municipal council shall be composed as follows:
Powers and Functions of Municipal Councils
The municipal council shall be responsible for regulating and developing municipal services, in particular:
10. Provide localities with necessary administrative and technical units to perform their functions, and provide assistance and financial support to localities whose resources are not sufficient to meet their needs, within the limits decided by the Council.
11. Propose partnerships with other municipalities in the province to establish or manage other business or utilities.
12. Other functions vested in the municipality by laws and the Executive Regulation of this law.
Municipal Shura Council
The municipal council shall choose a Shura council of experts and consultants known for their competence and for their knowledge and expertise in local affairs and equalling half the number of the municipal council’s members, in order to participate in meetings as decided by the Council, without the right to vote.
The Executive Regulation shall prescribe the requirements for the members of the municipal Shura council and the financial and professional treatment thereof.
Meetings of the Municipal Council
Meetings of the municipal council shall be deemed valid if a simple majority of its members is present. Decisions of the Council are taken by direct secret voting by the absolute majority of the members present. Decisions may be taken by consensus if no member objects thereto.
New items may be added to the agenda of the Council in the following cases:
The rapporteur shall prepare the minutes for signature in the next meeting. Minutes shall be signed by the mayor and the rapporteur.
Transparency in Decision-Making
Decisions of municipal councils shall be published within one month from their issuance in all media outlets that fall within the jurisdiction of the Council.
Municipal Council Committees
The municipal council shall, at the first meeting thereof, select the chairmen and members of specialized committees from its members.
The mayor shall be the chief executive of the municipality and shall directly oversee the execution of the adopted work plan in accordance with the relevant budget and the legislation in force. He shall assume the financial and administrative functions of the Minister prescribed by the legislation in force with respect to municipal services, budget and associated utilities.
The municipal council shall elect the mayor from its members at the first ordinary meeting thereof.
Functions of the Mayor
The mayor shall carry out the functions stipulated by this law and the municipal regulations under the direct supervision of the Council and the general guidance of the governor in accordance with the provisions of the Executive Regulation.
Functions of the Municipal Bureau
The municipal office shall execute the decisions and directives of the municipal council and the mayor under the presidency of the deputy. It shall assume the executive functions in the municipality through its organizational divisions as prescribed by the Executive Regulation.
Affiliation of Municipal Branches
The municipal branch is affiliated with the municipal office and is subject to the authority thereof for guidance and direct supervision. It shall provide its services to localities within its administrative jurisdiction.
Powers and functions of the Municipal Branch
The municipal branch shall assume all functions related to municipal and utility services entrusted thereto by the municipality. Local service offices shall be established in municipal branches to offer services within the jurisdiction thereof, chiefly:
Municipal Branch Management
The municipal branch shall be managed by a director appointed by a decision of the municipal council.
The locality is one of the local administration system components. Each locality shall have a mukhtar appointed by a decision of the governor at the proposal of the mayor. The mukhtars shall be selected on the basis of competence and merit provided that he is a Libyan citizen who resides in the locality and has completed his fortieth year (Gregorian).
Functions of the Mukhtar
The locality mukhtar shall be responsible for provision of notices, settlement of local disputes and reconciliation in civil and personal status disputes in accordance with the legislation in force, and participation in civil defense activities.
Full-Time Employment of Mukhtars and Heads of Municipal Branches
The directors of municipal branches and locality mukhtars shall undertake their job on a full-time basis. The financial and professional treatment thereof shall be determined in accordance with the law.
High Council of Local Administration and Supreme Council of Regional Planning
High Council of Local Administration
The High Council of Local Administration shall be established with the Minister or his delegate as president and governors and mayors as members. The Council shall examine all matters related to the constituents of the local administration system in terms of support and development.
General Secretariat of the High Council of Local Administration
The High Council of Local Administration shall have a general secretariat that handles the joint affairs of local units. It shall study and discuss the matters referred by such units, organise participation in international and local conferences on local administration and the training of local services staff, and offer advice to local administration units and work on unifying legal opinions issued regarding local administration affairs and creating leading experiences in some provinces.
An economic region shall consist of one or more provinces and shall have a special council for regional planning as determined by a Cabinet decree at the proposal of the Minister and the Minister of Planning.
The councils of economic regions shall combine to form the Supreme Council of Regional Planning. The Supreme Council shall coordinate the plans of such councils according to relevant directives, and the methods and schedules issued by the Ministry of Planning and the Ministry of Local Government, and shall refer the same to the High Council of Local Administration.
Supreme Council of Regional Planning
The Supreme Council of Regional Planning shall be composed of the following:
- President of the Supreme Council of Regional Planning; presidency shall be annually alternated between the governors of the region’s provinces.
- The governors of the region’s provinces.
- Mayors of municipal councils in the district’s provinces.
- Experts who are assigned by their ministries to the Council with the consent of the Minister.
Functions of the Supreme Council of Regional Planning
The Supreme Council of Regional Planning shall be in charge of the following:
Regional Planning Council
Regional planning councils shall be established by a Minister’s decision upon consultation with the Minister of Planning. Their organization and relationship with provincial planning departments shall be determined by a decision taken by the Minister in agreement with the Minister of Planning.
Functions of Regional Planning Councils
Regional planning councils shall be in charge of the following:
Financial Resources, Budgets, Accounts and Local Administration Units
Financial Resources of Provinces
The financial resources of provinces shall consist of the following:
- Ten percent of the gross central taxes levied in the province.
- Ten percent of all customs, transit, port and airport fees levied in the province.
- Fifty percent of the sales of buildings, lands fit for construction, and state-owned undeveloped lands located within the province.
- Revenues of the province and the utilities thereof.
- Central government subsidies in accordance with Article (58).
- Fees and charges of a local character.
- Donations, grants, and trusts accepted by the Council, provided that such donations, grants and trusts are received from foreign entities and with the consent of the Cabinet.
The provincial council shall distribute to municipal councils that fall under its jurisdiction a portion of its resources described in Paragraphs (a) and (b) of this Article, as may be determined by the Council, depending on the needs and circumstances of each municipality.
The provincial council may institute a charity fund from the following resources:
Financial Resources of Municipalities
Municipal resources include:
Types of Fees, Earnings and Royalties
The executive regulation of the law principle shall determine the rules concerning the types of fees, earnings and royalties of a municipal character, the cases and basis of imposition thereof, the rules of complaints in this regard, and the conditions of relief thereof.
The collection, preservation, disbursement and exemption of fees, earnings, royalties and rents that belong to the municipality shall be governed by the rules on State funds.
The fiscal year of provincial and municipal councils shall start and end at the same time as the fiscal year of the State.
The provincial council shall draft its developmental budget based on the drafts of provinces and municipalities, and shall refer the same to the Regional Planning Council for examination and integration in the developmental budget of the Ministry of Local Government at the specified time and date and in the prescribed manner.
Distribution of Subsidies
The High Council of Local Administration shall distribute the public expenditure subsidies to provincial and municipal councils as prescribed by a decision of the Minister.
Adoption of Budget of Previous Fiscal year
If there is a delay in budget approval, local councils shall adopt the budget of the expired year by automatically opening monthly provisional credits on the basis of one-twelfth of such budget, as stipulated by the Cabinet decision at the proposal of the Minister.
General Reserve Account
Every Council shall open a general reserve account in accordance with the provisions of the Executive Regulation.
Every Council shall prepare its final account for the expired fiscal year within one month at most from the end of the fiscal year.
The Council may not commit to a project that entails spending for one or more years except within the conditions and cases stipulated by the Financial System Law and the regulations thereof.
Provinces and municipalities may contract local loans that do not exceed 25% of their expected income during the fiscal year, provided that such loans are repaid before the end of the fiscal year.
Without the Cabinet's consent, provincial and municipal councils may not freely dispose of any of their movable or immovable property, or lease the same under nominal lease or for less than the proper rent amount for a public utility purpose, unless such disposal or lease is done for the benefit of a ministry, government department, public authority, public legal entity, public sector company, or private association or institution of public utility.
Tax and Fee Exemption
Provinces and municipalities shall be exempted from all taxes and fees.
Provincial budgets and final accounts shall be published upon approval thereof in the Official Gazette under the general budget of the State in accordance with the legislation in force.
Provincial and Municipal Employees
Applicability of Professional and Insurance Legislation Provisions
Provisions of professional and insurance legislation in force shall be applicable to the employees of provinces and the components thereof.
Transfer of Local Service Employees to the Provincial Cadre
A minimum of 5% of provincial and municipal cadre positions shall be reserved for revolutionaries with special needs.
The Governor's Powers Regarding Provincial Civil Servants
The governor shall be considered the head of all civil servants of entities within the province whose powers have been transferred to local units, and he shall exercise in their regard all the financial and administrative powers of the Minister.
The Governor's Powers Regarding Ministerial Branches of Non-Transferred Duties
The governor shall have the following powers with regard to civil servants of ministerial branches and entities whose powers have not been transferred to local units, except for judicial authorities and their assisting entities:
Powers of Mayor and Deputy Regarding Municipal Civil Servants
The mayor shall be considered the supreme head of all municipal civil servants. He shall exercise in their regard the financial and administrative powers of the Minister, whereas the Deputy shall exercise the powers of the Deputy Minister, in accordance with the regulation in force.
Final and Transitional Provisions
The Cabinet shall issue the executive regulation of this law at the proposal of the Minister of Local Government.
Contents of the Executive Regulation
In addition to the detailed provisions referred to by the articles of this law, the executive regulation shall include the following:
Uniform Administrative Organization of Local Administration Units
The Minister shall issue a decision concerning the uniform organization of provinces and municipalities and the constituents thereof, and shall issue the code of procedures and the job descriptions therein.
Oversight of Administrative Activities
The administrative activities of provinces and municipalities shall be subject to the control of the Audit Office and all transparency bodies.
Approval of Provincial and Municipal Council Decisions
Decisions of provincial and municipal councils shall be approved or rejected as a whole.
Examination of Electoral Appeals
Appeals related to the elections of provincial and municipal councils shall be considered as electoral appeals in accordance with the legislation in force.
Applicability of Municipal Regulations
Municipal regulations shall remain in force insofar as they do not contravene the provisions of this law and the Constitutional Declaration, until such regulations are amended, replaced or repealed in accordance with the provisions of this law.
Continuity of Local Councils
Until approval and issuance of this law and the establishment of provincial and municipal councils, local councils approved by the decision of the National Transitional Council No. (176) of 2011 shall remain in operation.
Date of Entry into Force
This law shall enter into force on the date of publication thereof in the Official Gazette and shall be implemented by all concerned authorities. Any provision that contravenes this law shall be repealed.
Interim National Transitional Council – Libya