Decree of 1970 on the executive regulation of the Local Governance System Law

Council of Ministers Decree

On the Executive Regulation of the Local Administration System Law

 

The Council of Ministers,

● Upon review of Law No. (62) of 1970 on the Local Administration System, and

● Based on the submission of the Minister of Interior and Local Administration,

 

has decreed the following:

 

Article (1)

The attached Implementing Regulations of the Local Administration System Law shall come into force.

 

Article (2)

This Decree shall enter into force as of the issuance date thereof, and shall be published in the Official Gazette.

 

Colonel / Muammar Gaddafi

Prime Minister

Issued on 27 Sha’ban 1390 AH

Corresponding to 27 October 1970 AD

Implementing Regulations of the Local Administration Law

Part One

Higher Committee for Local Administration and

Local Administration Units and their Responsibilities

Part I

Higher Committee for Local Administration

 

Article (1)

The Higher Committee for Local Administration shall meet at the place allocated for that purpose at least once quarterly at the invitation of its chairman on a date and time specified by him.

 

 Article (2)

The deliberations of the committee shall be legally valid only if more than half of the number of its members is present. The committee’s decisions shall be issued by an absolute majority of the members present. In case of a tie, the chairman’s side shall prevail.

 

Article (3)

Discussion of any matter relating to the affairs of a ministry whose minister is absent shall be deferred to a subsequent session, and the committee shall only issue a decision thereon in his presence.

 

Article (4)

The committee may lay down a bylaw to regulate its internal procedures.

 

Part II

Formation of Local Councils

Members Appointed by Virtue of their Positions

 

Article (5)

Members appointed by virtue of their positions to provincial and municipal councils shall be the members representing the ministries to be specified by a decree of the Council of Ministers.

 

Article (6)

The Minister of Interior and Local Administration shall, based on the nomination of the minister concerned, appoint the most senior official in the province to represent his ministry in the provincial council. He shall also appoint his deputy in his absence.

 

Article (7)

The Minister of Interior and Local Administration, based on the nomination of the minister concerned, shall appoint the members by virtue of their positions to the municipal councils.

 

Article (8)

The local council may invite representatives of other ministries or public bodies or institutions to attend council meetings, and they shall participate therein without having a vote counted for the issuance of decisions.

 

Part III

Responsibilities of Provincial Councils

Chapter 1

General Provisions

 

Article (9)

Provincial councils shall exercise the responsibilities set out in this Chapter within the scope of the public policy of the State in accordance with the procedures of the Higher Committee for Local Government.

 

Article (10)

The provincial council shall issue its decisions after studying the matters presented to the same. It may refer any of these matters to the competent committees to study the same prior to issuing a decision thereon.

 

Article (11)

The governor shall implement the council’s decisions with the assistance of the council’s employees. Decisions that require approval from a higher authority shall be implemented after issuance of such approval.

 

Article (12)

The provincial council shall supervise the functions of the municipal councils located within the province. In the course of doing so, it may delegate any person it deems fit to follow-up on the functions of the municipal council and review the minutes of its meetings. The council shall submit its comments to the governor or the Minister of Interior and Local Administration, as the case may be.

 

Chapter 2

Educational Affairs

 

Article (13)

The provincial council shall handle educational affairs within its jurisdiction in accordance with the following:

a) Establish, equip and manage public and technical secondary schools;

b) Establish, equip and manage schools for male and female teachers, except for higher institutes for teachers;

c) Establish, equip and manage public and technical preparatory schools; and

d) Establish, equip and manage primary schools and kindergartens.

 

Article (14)

The provincial council in respect of educational affairs shall exercise the following responsibilities:

a) Distribute and open the classes necessary to expand education;

b) Supervise the implementation of the curricula prescribed by the Ministry of Education and National Guidance, and provide the necessary recommendations regarding implementation issues and proposals for the modifications required by local circumstances;

c) Determine the times of the school schedule such that it does not conflict with the hours prescribed in the study plan;

d) Provide recommendations regarding the establishment of private schools and private kindergartens in accordance with local needs;

e) Implement the policy for adult education and eradication of illiteracy;

f) Determine locations of the schools within its jurisdiction;

g) Establish and equip school libraries and school sports clubs; and

h) Arrange and organize feeding schemes for students in schools managed by the Council and manage all matters relating to school health care in accordance with the decisions of the relevant ministries in these matters.

 

Article (15)

The provisional council may propose the types of scholarships required by the general need in the province.

 

Chapter 3

Cultural Affairs

 

Article (16)

The provincial council shall handle cultural affairs within its jurisdiction in accordance with the following:

1. Establish, equip, manage and supervise cultural centers;

2. Establish and promote the establishment of public museums and book houses;

3. Organize celebrations on national occasions and strive to spread national awareness;

4. Organize local competitions and festivals; and

5. Promote the establishment of theater teams and work on the establishment of theaters.

 

Chapter 4

Health Affairs

 

Article (17)

Provincial councils shall handle health and medical affairs in their jurisdiction and establish, equip and manage medical units, except for model units or those prepared for research, training or production purposes for which a decree shall be issued by the Minister of Health. The responsibilities of the council shall be determined in accordance with the following:

1. General Hospitals 2. Ophthalmology Hospitals

3. Chest Disease Hospitals 4. Mental and Psychiatric Hospitals

5. Hospitals for the Mentally Retarded 6. Children’s Hospitals

7. Gynecology Hospitals 8. Leprosy Hospitals

9. Orthopedic and Accident Surgery Hospitals 10. Rural Medical Units and Dispensaries

11. Health Facilities 12. Maternity and Child Care Centers

13. Tuberculosis Control Centers 14. Trachoma Centers

15. Endemic Disease Centers 16. School Health Centers

17. Health Education Departments 18. School Health Departments 

19. Dentistry Units 20. Medical Laboratories

21. Secondary Stores

 

Chapter 5

Public Utilities Affairs

 

Article (18)

The provincial council shall handle public utilities affairs within its jurisdiction in accordance with the following:

1. Establish and manage local water and sewage projects whose range exceeds more than one municipality in the province or those the municipality assigns to it in case of failure to establish or manage them; and

2. Make recommendations regarding the province’s needs for power projects.

 

Chapter 6

Housing and Public Works Affairs

 

Article (19)

The provincial council shall handle housing and public works affairs within its jurisdiction in accordance with the following:

1. Proposals for the necessary projects related to housing and building affairs for the government and the priorities for their implementation;

2. Select the lands required for housing and government buildings projects within the approved urban planning framework;

3. Supervise the implementation of all contracted housing and government buildings projects and execute the provisions of contracts concluded in this regard;

4. Investigate the difficulties and problems encountered by housing and government buildings projects or those that hinder their implementation and work to overcome the same; and

5. Establish and manage the public workshops necessary for the maintenance of public facilities or utilities in the province’s jurisdiction.

 

Chapter 7

Social and Labor Affairs

 

Article (20)

The provincial council shall handle social and labor affairs within its jurisdiction in accordance with the following:

1. Social Affairs:

a) Cooperation:

1. Spread cooperative awareness;

2. Establish and promote cooperative activity and cooperative marketing, in agreement with the competent ministry;

3. Propose dissolution of the boards of directors of cooperative societies and bodies and propose temporary boards of directors for the same;

4. Make recommendations for the promotion of cooperative activity and express observations to the competent authorities on the progress of work in cooperative societies; and

5. Express an opinion on the registration of cooperative societies.

b) Charities:

1. Supervise the activities of charities, social institutions and private bodies to ensure that they do not deviate from the purpose for which they were established, and provide observations in this regard to the competent authorities;

2. Propose dissolution of charities, social institutions or private bodies, suggest the appointment of a director or temporary boards for the same, and disburse new subsidies to them in accordance with the laws and regulations;

3. License collection of donations for private associations, institutions and bodies;

4. Propose registration of private bodies, charities and social institutions in accordance with the applicable laws and regulations; and

5. Establish, equip and manage social units in accordance with public policy.

c) Youth Welfare, Education and Sports:

1. Establish and equip youth hostel centers of all kinds, public squares and sports fields in all parts of the province;

2. Supervise the organizations working in the field of youth welfare, sports, and youth summer camps; and

3. Implement the policy laid down in the field of youth welfare and sports and direct the organizations working in this field to work accordingly.

d) Social Assistance:

1. Confirm and disburse social assistance in accordance with the laws and decrees regulating the same, in coordination with the competent authorities;

2. Confirm the disbursement of compensation for public disasters and calamities in accordance with the regulating laws and decisions;

3. Establish, equip and manage vocational rehabilitation centers for people with disabilities; and

4. Coordinate various social assistance programs and regulate exchange of information in this regard between private bodies and government agencies.

2. Labor:

a) Establish, equip and manage employment and labor offices in accordance with public policy;

b) Make recommendations in respect of the local employment policy and propose special professions and theoretical and scientific study programs, and send them to the competent ministry; and

c) Establish, equip and manage labor inspection offices.

 

Chapter 8

Agricultural Affairs

 

Article (21)

The provincial council shall handle agricultural affairs within its jurisdiction in accordance with the following:

a) Agricultural Works:

1. Propose agricultural projects in the province and implement them upon approval thereof;

2. Participate in conducting field experiments and research related to agricultural production in the province;

3. Carry out all agricultural services for farmers within the limits of the prescribed laws and the available capabilities;

4. Carry out all agricultural services related to water and soil;

5. Work in every way to provide agricultural guidance;

6. Collect agricultural and animal statistics;

7. Fight against agricultural pests;

8. Implement internal agricultural quarantine;

9. Monitor local nurseries;

10. Control trading of seeds;

11. Establish and equip grain silos and warehouses for agricultural products; and

12. Afforestation of land and conservation of natural forests.

b) Veterinary Works:

1. Control animal and poultry diseases; and

2. Veterinary inspection works.

c) Establish, equip and manage the following: 

1. Agricultural guidance offices;

2. Local agricultural fairs; and

3. Animal and poultry disease control units.

 

Chapter 9

Transportation Affairs

 

Article (22)

The provincial council shall handle transportation affairs within its jurisdiction in accordance with the following:

a) Land Transport:

1. Provide means of government motorized transportation for public services within the province;

2. License the use of civil motorized transportation on the roads within the province;

3. Grant a commitment of public transport vehicles to passengers among jurisdictions of the municipal councils within the province; and

4. Manage the means of transportation among jurisdictions of the municipal councils within the province.

b) Roads:

1. Construct, modify, pave, and maintain secondary roads that do not go beyond one provincial district and carry out the industrial works related thereto;

2. Implement the Public Roads Law with regard to the secondary roads located within the province; and

3. Afforest highways and main roads within the province.

c) Post:

Provide recommendations on establishing, equipping and managing post offices and everything related to enhancing the postal facility in the province.

 

Chapter 10

Economic, Industrial and Supply Affairs

 

Article (23)

The provincial council shall handle economic, industrial and supply affairs within its jurisdiction in accordance with the following: 

a) Economic Affairs:

1. Promote the exploitation of local wealth sources;

2. Participate in the set up and advertising of local exhibitions; and

3. Promote visits to archaeological sites, promote domestic tourism, and provide the appropriate amenities and transportation.

b) Industrial Affairs:

1. Spread and promote traditional and craft industries;

2. Exploit available and unmanufactured raw materials; and

3. Propose funding operations for each industry and needs thereof.

c) Supply Affairs:

1. Provide food items and supplies and ensure their proper distribution;

2. Propose the formation of the local compulsory pricing committee in the province; and

3. Supervise the implementation of the local compulsory pricing in the province.

 

Part IV

The Governor

 

Article (24)

The governor in the province shall be responsible for the following:

a) Oversee the implementation of the public policy of the State;

b) Implement the laws and regulations and ministerial decrees;

c) Exercise the responsibilities of ministers entrusted to him;

d) Implement the decisions of the provincial council;

e) Inspect municipal councils; and

f) Inspect the progress of work at branches of the ministries that have not transferred their responsibilities to the local councils, and the branches of public institutions and bodies in the province.

 

Article (25)

In relation to the province’s agencies, their budgets, and the facilities transferred to them, the governor shall have the responsibilities of the Deputy of the ministry in administrative and financial matters.

 

Article (26)

The governor shall supervise all branches of the ministries that have not transferred their responsibilities to the local councils, and the branches of public institutions and bodies in the province.The governor shall supervise their employees and shall be deemed the local head of them, except for members of the judiciary and the prosecution pursuant to the provisions of Article 12 of Law No. 62 of 1970.

Employees of universities, the Department of Real Estate Registration and Forensic Medicine shall be deemed members of the judiciary and the prosecution.

 

Article (27)

In order to inspect work of the municipal councils and work progress at the branches of the ministries that have not transferred their responsibilities to the local councils, and the branches of public institutions and bodies in the province, the governor may seek the assistance of the control authorities in the state, in agreement with the competent authorities.

In all instances, the governor, in order to exercise these responsibilities, may take whatever means he deems appropriate.

 

Article (28)

The secretary general of the province shall:

a) Supervise the organs of the general directorate of the province’s general office, issue instructions for managing their work, distribute work therein, and raise their level and productivity;

b) Exercise the responsibilities entrusted to him by the governor;

c) Supervise the secretariat of the provincial council and follow up on the implementation of the council’s decisions and recommendations;

d) Present the matters required to be presented to the governor;

e) Consider the issues referred to the province by the representatives of ministries and refer to the governor regarding the important matters; and

f) Coordinate between the province’s general office, government departments and their branches, and the various public bodies and institutions within the province.

The province’s secretary general shall have the powers and responsibilities of heads of departments in administrative and financial matters with respect to the province’s general office.

 

Article (29)

The provincial council shall determine the location in its capital where the provincial conference referred to in Article (18) of the law will be held.

The conference shall be chaired by the governor, or the most senior administrator in the province in the absence of the governor. The secretariat of the conference shall be assumed by the province’s secretary general.

 

Article (30)

The provincial conference shall be considered valid only with attendance of more than half of the members. In the event of failure to have this number, the meeting shall be postponed for one week, and the second meeting shall be valid regardless of the number of attendees. Recommendations shall be issued by an absolute majority of votes of the present members.

The chairman shall declare the close of the conference upon completion of discussing the agenda.

 

Article (31)

A preparatory committee for the provincial conference shall be formed and shall consist of the heads of the committees in the provincial council. This committee shall receive the proposals and items that the members would like to discuss at the conference, as well as the items that the governor would like to be presented to the conference, and it shall coordinate and prepare the conference agenda and communicate it to the members at least one week before it is convened.

 

Part V

Responsibilities of Municipal Councils

Chapter 1

General Provisions

 

Article (32)

Municipalities shall exercise the responsibilities set out in this Chapter within the scope of the public policy of the State in accordance with the procedures of the Higher Committee for Local Government.

 

Article (33)

The municipal council shall issue its decisions after studying the matters presented to the same. It may refer any of these matters to the competent committees to study the same prior to issuing a decision thereon.

 

Article (34)

The chairman of the council shall implement its decisions with the assistance of the council’s employees. Decisions that require approval from a higher authority shall be implemented after issuance of such approval.

 

Chapter 2

Responsibilities of Municipalities

 

Article (35)

Municipalities shall, within their jurisdiction and the limits stipulated by the Law of Planning and Organization of Cities and Towns, establish and manage public utilities related to organization, planning and buildings affairs, health and social affairs, water, lighting and sewage facilities, roads and local means of public transport, in accordance with the following: –

1. Implement the Cities and Towns Planning Law and the regulations issued pursuant thereto;

2. Require the connection of buildings to water, electricity, sewage and other necessary public utilities, monitor their implementation and operation, determine the conditions and specifications of these connections or services, and monitor water tanks to prevent mosquitoes from breeding;

3. Require the lighting and cleaning of entrances, stairs and corridors commonly used by residents in the same building, as well as the paving and cleaning of squares, playgrounds and other places that are used for the benefit of dwellings;

4. Monitor and inspect the construction, demolition, repair, modification and restoration of buildings, and the necessity of using scaffolding, fences or barriers while carrying out any of these works, and lay down the requirements that ensure public safety;

5. Regulate the construction and control of temporary or movable buildings, subject them to licensing, and prevent or restrict the use of tents and the like for the purpose of housing or trade;

6. Determine the method of fencing vacant lands for construction and remove any fence or demolished building that is adjacent to a public place;

7. Order owners to remove trees or buildings, remove some of their parts or trim them in the event that they protrude into a public road and obstruct traffic, taking into account precaution and avoidance of danger to lives and buildings;

8. Demolish, remove or close buildings or parts thereof that, due to their condition, construction defects, or old age, pose a danger to the public or residents, or which for any reason have become uninhabitable, or have been left to turn into ruins, or carry out the necessary works or repairs to these buildings for the protection of security, safety or public health, or the preservation of the city’s appearance. The demolition, removal, or necessary repair works for these buildings shall be done by administrative means in the event that the owner does not perform these works within the period specified by the municipality;

9. The necessary procedures for the safety of any building in the event of the occurrence of a fire therein, in cooperation with the competent firefighting authorities; and

10. System for registering engineers, surveyors and building contractors, and permitting them to sign license applications and architectural drawings, and to carry out their work within the municipality’s jurisdiction, in accordance with the provisions laid down by the municipal council in lieu of the fees set therefor.

 

Article (36)

The municipality shall construct and organize public roads and public squares within its boundaries, determine their width and sidewalks according to the plan, as well as their drains and channels, pave and light them, make modifications thereto, maintain and coordinate their appearance, plant trees and ornamental plants therein, give them names and place distinctive boards for them.

 

Article (37)

The municipality shall carry out projects to provide drinking water, develop its sources, construct reservoirs, pipe networks, gauges and meters, and all other devices and tools necessary for water distribution to residents. The municipality shall also lay down the conditions regulating such distribution, whether for domestic or other purposes, in a manner that ensures equality and prevents wasteful consumption, misuse or pollution of water. The municipality shall also specify the method of use, the size of pipes, valves, taps, tanks, and vessels used to carry or deliver water, their capacity, strength and type, and determine the price to be paid for water consumption and the costs of water delivery.

 

Article (38)

The municipality shall create a public sewage network with its own purification stations, and shall be responsible to manage and maintain the same, dispose of water and waste materials therein, and monitor the implementation of laws and regulations related to the connection of buildings to public sewage or tanks and public sewage connections, as well as their modification, repair, maintenance, use and disposal. The municipality may also undertake any project to benefit from sewage water or waste materials.

 

Article (39)

The municipality shall supervise the public space within its boundaries and shall be competent to lay down the system thereof and license its occupancy in lieu of the specified fees and rentals.

 

Article (40)

The municipality shall be competent to determine the areas allocated for parking cars, vehicles and other motorized vehicles, and to determine the areas where parking is prohibited, the parking system and the maximum period therefore, after consulting the competent authorities. The municipality shall be competent also to determine the fees due for parking the said cars, vehicles and motorized vehicles in the streets and squares that they designate, and the method of collecting these fees. The municipality, in agreement with the competent authority, shall determine the bus stops within the municipality’s jurisdiction. The municipality shall also be competent to approve the licensing of buses for public transport whose route does not go beyond the municipal boundaries.

 

Article (41)

The municipality shall lay down the rules and provisions for the management of carts that are drawn by hand or drawn by animals. Such carts may not be driven on public roads if their installation or load harms the road surface, causes obstruction to traffic, or poses a danger to pedestrians.

Carts drawn by animals may be used to transport passengers for a fee only after getting license to do so from the competent municipality.

 

Article (42)

The municipality shall, within its jurisdiction, carry out the duties of preserving public health, and implement, under the supervision of the Ministry of Health, the laws related to public health, and the regulations and decisions issued pursuant thereto. In particular, it shall: –

1. Perform public cleaning works, transport garbage from public roads, homes and other places, and dispose of or convert the same;

2. Monitor and inspect food items, including foods, beverages, milk, or milk products, regulate the manufacture, packaging, preservation, preparation, storage, conversion, transportation and offering of these items for sale, as well as supervising, controlling and licensing such operations;

3. Take the necessary measures to prevent contamination, adulteration or poor manufacture of the aforementioned food items, and ensure their cleanliness, purity and that they contain the ingredients and constituent elements in the proportion specified by law or as declared;

4. Prohibit the sale, trading, offering for sale, display, possession or transport of the said items if they are adulterated, corrupt, contaminated, unclean, harmful or unfit for consumption, and destruct such items to avoid harm to public health;

5. Regulate, license and monitor restaurants, hotels, boarding houses, cafes, tearooms, bakeries, groceries, shops selling meat, vegetables and fruits, shops selling milk and milk products, and all places and shops where food items such as foods, drinks, dairy products, etc. are manufactured, packaged, stored, or offered for sale or for consumption;

6. Regulate, license and monitor all businesses, factories and workshops that are a source of danger, anxiety or disturbance to neighbors because of the smoke, fumes, gases, dust, odors, noise or vibration that emit from them, and lay down the conditions to which these businesses, factories and workshops shall be subject.

7. Regulate and license businesses and trades that may be harmful to public health or that require to be regulated for the protection of public health, including barbershops and grooming and beauty salons;

8. Establish and manage municipal slaughterhouses, abattoirs and warehouses to supervise meat and prevent the slaughter of animals with the intention of offering their meat for public consumption or skinning them in other places, control and license the slaughter of livestock and other animals, inspect them before slaughter, and stamp their meat to indicate such inspection, transport and distribute animals and their parts after slaughter, and transport, distribute and control the sale of imported meat;

9. Regulate beaches and summer resorts, and the public facilities attached thereto or that are necessary for their services, and manage beaches, summer resorts and facilities established by the municipality;

10. License individuals, companies or other entities to establish and manage resorts, provided that they shall be subject to the supervision of the municipality, whether in terms of health or other aspects. The fees or charges that are imposed in return for occupying, exploiting or utilizing the sea shores shall be paid;

11. Regulate, monitor and license swimming pools and their facilities and other types of baths, prohibit or regulate bathing in any open place in the municipality’s area, and monitor and license public laundries and public toilets;

12. Establish, organize and manage public gardens, public parks, and zoological or botanical gardens;

13. Organize, establish and manage cemeteries, license burials therein and transport the dead, and license operators for burial and transport of the deceased;

14. Regulate and license the possession of dogs and other animals that may transmit rabies and take precautions against that disease and other animal diseases that may be transmitted to humans, including the execution of dogs or dangerous, neglected or stray animals, in cooperation with the competent authorities;

15. Regulate and license cattle sheds, horse barns and other animal pens within the municipal boundaries; and

16. Health services established and managed by the municipality in agreement with the competent authorities.

 

Article (43)

The municipality shall regulate the practice of commercial and industrial businesses and professions and crafts. The municipality shall also license such businesses, professions and crafts within the municipality’s borders, in accordance with the conditions regulated by laws and regulations. The license shall be issued by the municipality with the approval of the competent authority in the police with regard to trading and dealing in and the manufacture of gold, silver and precious stones; licensing of public works offices and agencies and brokerage firms; licensing street vendors, distributors of goods and publications, porters, drivers of public vehicles, drivers of public horse-drawn carts, doormen and guards of buildings, car repair workshops and car warehouses, car washes and car guards in public places. The municipal council shall monitor the implementation and observance of the licensing conditions. It shall also be responsible for fixing the times for opening and closing of industrial and commercial stores, provided that with respect to restaurants, cafes and tearooms, these times shall be determined in agreement with the competent authority in the police, and shall be indicated in the license issued to them by the municipality.

 

Article (44)

The municipality shall be competent to regulate and license theatres, cavalry houses, music halls and other public amusement halls, in agreement with the competent authority in the police. It shall monitor these amusement halls to ensure that they comply with the licensing requirements and implement health requirements.

 

Article (45)

The municipality shall establish, regulate, and manage public markets and auction houses, and license their utilization and use, in accordance with the provisions of public or municipal laws and regulations, in return for the fees and charge fixed by the same in relation to the municipal council.

 

Article (46)

The municipality shall monitor the caliber of gold and silver and shall be responsible to stamp and mark jewelry and other objects made of one of these two metals, and collect the fees prescribed for the same.

 

Article (47)

The municipality shall record incidents of birth, residence, marriage, death and other civil statuses in accordance with the provisions of the Civil Status Law, issue certificates and extract vital statistics from these records.

 

Article (48)

The municipality shall regulate and control commercial advertisements, of whichever method, with the exception of advertisement and publication by newspapers and other periodical publications.

The municipality shall collect the prescribed advertising fees.

The municipality may service the general weight of animals and goods carried by cars and other vehicles in return for the specified fees and charges.

 

Article (49)

The municipality shall be competent to regulate the local means of public transportation. The municipality shall give the commitment of public transportation to passengers and vehicles within its boundaries, with the approval of the Minister of Transportation, in return for a royalty that shall be determined by a public auction. Taxi fares shall be determined by a decree of the municipal council and approved by the Governor.

 

Article (50)

Provincial and municipal councils shall issue bylaws of municipal affairs that fall within their jurisdiction and shall impose imprisonment and a fine or either of them for violation thereof within the limits prescribed in Article 96 of the Local Administration Law, provided that these municipal bylaws do not violate the provisions of the laws or general regulations.

 

Article (51)

In all cases, the province or the municipality shall have the authority to remove the causes of violations perpetrated against the laws and bylaws entrusted to be implemented by the same. This shall be done through administrative means and shall be at the expense of the violator without resorting to the courts.

The province or municipality shall issue to the violator an order specifying the method of removing the causes of the violation within a specified period. If that period lapses without removing such causes, the municipality shall implement the same with the help of the police or the municipal guard. In such an instance, the province or municipality shall determine the removal expenses and collect them through administrative means. If the removal requires demolition of buildings or facilities that were constructed in violation of the laws or bylaws, this may not be carried out in cases where there is no infringement on the public road, except upon the order of the ad hoc judge of the competent court of first instance.

 

Article (52)

The municipality may establish, regulate and manage the public utilities necessary for the exercise of its powers. The municipal council shall impose fees or charges in exchange for the services rendered by these utilities.

 

Article (53)

The municipal council, with the approval of the Minister of Interior and Local Administration, may form committees to examine applications for licenses and issue decisions in their regard. Subject to the provision of Article 97 of the Local Administration System Law, these committees shall be competent to suspend such licenses, provided that the suspension decision shall be effective only after being ratified by the chairman of the council.

 

Article (54)

The municipal council may supply water to the religious, charitable, sports or social facilities at a reduced price or for free, provided that its decisions in this regard shall be subject to the approval of the Minister of Interior and Local Administration.

 

Chapter 3

Mayor of the Municipality

 

Article (55)

The mayor of the municipality shall represent the same before the courts and other bodies, and in its relations with third parties.

 

Article (56)

The mayor of the municipality shall implement the decrees of the municipal council, seeking assistance from the executive units in the municipality, and supervise all the municipalities departments and functions.

 

Article (57)

The mayor of the municipality shall have the powers and responsibilities of the Deputy of the Ministry in respect of financial and administrative matters relating to the municipality.

 

Article (58)

The municipality’s secretary general shall supervise the municipality’s units and progress of work, and submit his reports and suggestions with regard to raising their levels and efficiency to the mayor of the municipality.

 

Article (59)

The municipality’s secretary general shall have the powers and responsibilities of heads of departments in respect of administrative and financial matters.

 

Part Two

Chapter 1

System of Operation of Local Administration Councils

 

Article (60)

The council shall annually form permanent committees from among its members, and the members appointed by virtue of their positions shall be members of the committees concerned with issues related to the affairs of their ministries.

 

Article (61)

The Minister of Interior and Local Administration shall lay down the model bylaws for both the provincial and municipal councils, which shall include the details of the workflow in each of them. Each council shall lay down its own regulation in light of this model. The model regulation shall be applied until each council prepares its own approved regulation.

 

Article (62)

The councils may request the Fatwa and Legislation Department at the Ministry of Justice to express an opinion on legal issues. They may also entrust the Government Cases Department to handle all or certain lawsuits to which they are a party.

 

Article (63)

The mid-term renewal procedures for the elected and selected members shall commence at least two months before the end of the two years.

 

Article (64)

When examining the validity of his membership in accordance with the provisions of Article 64 of the Local Administration System Law, the member shall be notified by registered letter with acknowledgment of receipt, at least two weeks prior to the session.

The council shall issue its decision by absolute majority thereof after hearing the member’s statements and investigating his defense in writing.

 

Article (65)

A request for resignation by members of councils shall be submitted in writing to the chairman, and may not be suspended on a condition or attributed to a future date. A resignation submitted in violation thereof shall be considered null and void. The chairman shall present the resignations submitted by the members to the council in the session following their submission, and the resignation shall not be considered final until the council decides to accept the same or disregard the matter within a month from the date of its submission.

A member may withdraw the resignation request at any time before the council decides to accept the same or prior to the lapse of the deadline referred to in the previous paragraph.

 

Chapter 2

Workers in Local Administration Units

 

Article (66)

The chairman of each council may, after the approval of the governor and the personnel affairs committee at the ministry, and the ratification of the Minister of Interior and Local Administration, fill certain positions that do not require full-time employment through contracts in return for a remuneration whose amount shall be specified in the contract.

 

Article (67)

The chairman of each council may appoint daily wage workers.

 

Article (68)

Employees of local administration units who are transferred to the government or other public bodies, or who are transferred from one province to another, and employees of the government or other legal bodies who are transferred to local administration units in accordance with the provision of Article 84 of the Local Administration System Law shall be transferred in the same status and not to lower financial grade with calculation of his previous service period in full.

 

Chapter 3

Types of Municipal Fees

 

Article (69)

The municipal council may impose fees within its jurisdiction on:

a) Birth registration extracts and health procedures;

b) Quarries, mines and fishing licenses;

c) Organization, sewage and road works;

d) Pleasure boats;

e) Animals slaughtered in public slaughterhouses;

f) Markets licensed to be managed by individuals, bodies and companies;

g) Real estate properties that have benefited from public projects carried out by the Council, provided that their value may not exceed 50% of the increase in the value of such real estate; and

h) Exploitation of beaches and coasts.

 

Article (70)

Fees for pleasure boats shall be determined according to the type of boat and in categories for the determination of which the boat’s load, the number of sailors or its motor power shall be taken into consideration.

 

Article (71)

Fees for carcasses slaughtered in public slaughterhouses and abattoirs shall be determined based on the head count or the net weight of the meat.

 

Article (72)

Fees for markets licensed to be managed by individuals, bodies and companies shall be determined in proportion to their revenues or by estimating a fixed annual fee, taking into account their area, locations in the municipality and the commercial traffic therein.

 

Article (73)

Fees for the exploitation of beaches and coasts shall be determined on the basis of the occupied area and the period of occupancy, taking into account the location of the area.

 

Article (74)

The decision of the municipal council regarding the imposition of fees, charges and royalties shall be effective only by a decree of the Minister of Interior and Local Administration.

 

Chapter 4

General Provision

 

Article (75)

Except for decisions issued by local councils, which the Council of Ministers or the Higher Committee for Local Administration shall be competent to ratify, the competent authority shall ratify or reject the entire decision or altogether. The decision to reject the ratification of the local council’s decision shall be in advance [sic] and the governor or the mayor of the municipality shall be notified in writing within thirty days from the issuance date thereof, otherwise the decision shall be considered effective.