Law No. (30) of 1977 on municipal guards

Law No. (30) of 1977

on the Municipal Guard

In the name of the people,

The Revolutionary Command Council,

Upon review of:

• The Constitutional Declaration;
• The Penal Code;
• The Code of Criminal Procedure;
• Law No. (6) of 1972 on the police;
• Law No. (38) of 1975 on the organisation of the Ministry of Municipalities;
• Law No. (39) of 1975 on municipalities, and the executive regulation thereof;
• Law No. (51) of 1976 on the issuance of the judiciary law;
• Law No. (55) of 1976 on the issuance of the civil service law;
• The Cabinet Decree concerning the municipal guard regulation;
• Based on the proposal of the Minister of Municipalities and the Cabinet’s approval;

issued the following law:

Article (1)

Each municipality shall have a municipal guard force tasked within its jurisdiction with implementing the laws and regulations that fall under the jurisdiction of the municipality.

In the performance of their duties, municipal guards shall act in the capacity of judicial officers.

Article (2)

The Minister of Municipalities shall issue the decision regulating the municipal guard’s competences and the manner of exercising them.

Article (3)

Municipal guards shall consist of inspectors and guards. The equivalency of such functions with police grades shall be determined by a Cabinet decree.

The Minister of Municipalities shall issue a decision determining the uniform and rank badges of municipal guards in agreement with the Minister of Interior.

Article (4)

Subject to the provisions of subsequent articles, provisions concerning the police shall apply to the appointment of municipal guards and determination of their duties, discipline and termination of service if the same is not stipulated by a special text in this law.

The ministerial powers stipulated by the police law with regard to previous provisions shall be exercised by the Minister of Municipalities, the Deputy Minister, and the head of the municipality’s People’s Committee, the Police Affairs Council (PAC) General Directorate of Municipal Guard Affairs in the Ministry of Municipalities [sic]

Article (5)

Municipal guard positions in the municipal cadre shall be determined by a decision by the Minister of Interior based on the proposal of the head of the municipality’s People’s Committee upon agreement with the Minister of Labour and Civil Service.

Article (6)

Schools may be established to train and graduate municipal guards by a Cabinet decree based on the proposal of the Minister of Municipalities who shall issue decisions concerning their organisation.

Article (7)

Municipal guards shall be appointed, promoted, and granted customary bonuses and legally approved leaves by the competent authority by means of decisions similar to those applicable to employees of the grade equivalent to the ranks of municipal employees.

Article (8)

A decision shall be issued by the Minister of Municipalities to determine which municipal guards are allowed to carry weapons in order to perform their duties. The type, quantity, and conditions of use of such weapons as well as the rules regulating the schedule for keeping and carrying weapons shall be determined by a decision by the Minister of Interior.

Article (9)

The head of the municipality’s People’s Committee shall oversee the administrative system of the municipal guard. Decisions shall be issued to organise communication between municipal guards and the municipality’s departments and divisions.

Article (10)

1. Municipal guards shall receive the salary, annual bonus, and service bonus prescribed for police officers of equivalent ranks.
2. Municipal guards shall be subject to the rules for bonuses and other financial benefits applicable to the employees governed by the civil service law, insofar as they not contravene the provisions of this law.
3. 3. Subject to the terms and conditions stipulated by Cabinet decrees issued at the proposal of the Minister of Municipalities, municipal guards may be granted other bonuses or allowances, and they may also be granted incentive remuneration for outstanding work and compensation for any injury sustained on duty or as a result thereof.

Article (11)

The Minister of Municipalities shall issue a decision determining the rules and procedures of the transfer, reassignment or secondment of municipal guards, subject to the following provisions:

1. Transfer between municipalities shall be effected by a decision by the Minister of Interior after consulting the head of the People’s Committee in both the receiving and transferring municipalities.
2. Municipal guards may only be tasked with functions other than theirs when necessary and by a decision by the Minister of Municipalities at the proposal of the head of the People’s Committee.

Article (12)

In the event of vacancy in the position of municipal chief guard or the absence thereof, he shall be replaced in the exercise of his powers by whoever follows him in seniority.

Article (13)

1. Municipal guards shall be referred to investigation for disciplinary violations attributed to them by a decision of the head of the municipality’s People’s Committee or the chief guard, depending on the case.
2. The investigation shall be conducted by a municipal guard of a higher rank than the person under investigation. If the chief guard is the subject of investigation, it shall be conducted by the head of the People’s Committee, except when the object of investigation is an accusation addressed by the head of the People’s Committee against the chief guard, in which case the investigation shall be conducted by a committee formed by a decision by the Minister of Interior.
3. The Minister of Interior may request the head of the People’s Committee to conduct the investigation with municipal guards regarding disciplinary violations attributed to them.
4. Subject to the provisions of previous articles, questioning municipal guards for crimes related to the exercise of their functions may only be conducted by the Public Prosecution.

Article (14)

Municipal guards may be suspended for a maximum period of thirty days if so required for the interest of investigation.

The suspension decision shall be issued by the head of the municipality’s People’s Committee or the chief guard, and the duration of suspension may only exceed thirty days by a decision by the competent disciplinary board. Half the basic salary shall be suspended throughout the suspension period.

If the disciplinary or criminal proceedings result in non-conviction or dismissal of the action, the suspended half of the basic salary shall be restored to the municipal guard.

Article (15)

Disciplinary penalties stipulated by the police law shall be imposed on municipal guards in accordance with the rules set forth in the following articles.

Article (16)

1. Provisions of the police law regarding summary proceedings shall apply, and the powers of such proceedings shall be in accordance with the provisions of Table No. (1) attached to this law.
2. If the summary proceedings authority determines that the act requires a harsher penalty than those that fall under its jurisdiction, it shall refer the accused to the higher summary proceedings authority. If the penalty does not fall under the jurisdiction of this higher authority, it shall refer him to the disciplinary board.

Article (17)

Subject to the provisions of the previous article, referral to disciplinary trial shall be effected by a decision by the Minister of Municipalities if the trial is conducted before the higher disciplinary board, and by a decision by the head of the People’s Committee if the trial is before the general disciplinary board of the municipality.

Article (18)

1. Municipal guards of the rank of first inspector and below shall be tried by the municipality’s general disciplinary board. If the guard referred to trial is of the rank of assistant chief inspector and above, he shall be tried before a higher disciplinary board to be formed by a decision of the Minister of Municipalities, with the Deputy Minister as president and one general director and the Ministry’s legal advisor as members.

In the event of an impediment regarding any member, the Minister shall choose a substitute therefor.

1. The decisions of municipal disciplinary boards shall be final, with the exception of decisions related to judgment. The convicted party shall have the right to file a complaint with the Minister of Municipalities within fifteen days from the date of his notification of the judgment decision. The Minister shall be entitled to reject the complaint, reduce the sentence or retry the convicted party before a different body that is formed by his decision.

Article (19)

1. The disciplinary board’s competence shall be defined based on the rank of the guard at the time of the disciplinary action.
2. If several guards are accused of one or more connected violations, the board in charge of trying the highest ranking guard shall be tasked with trying them all.

Article (20)

A general directorate called the “General Directorate of Municipal Guard Affairs” shall be established under the Ministry of Municipalities to assume the following functions in addition to those stipulated by this law:

1. Coordinate between the ministry and the entity in charge of training municipal guards, prepare and oversee promotion examinations.
2. Handle administrative coordination between the ministry and municipalities with regard to municipal guard duties.
3. Examine decisions concerning the administrative affairs of municipal guards.
4. Follow up on municipal guard affairs, and submit reports and studies thereon. The internal organisation of this directorate shall be determined by a decision of the Minister of Municipalities.

Article (21)

Special prosecutions may be established to handle investigation and filing of criminal lawsuits for crimes caught by municipal guards within their jurisdiction.

The Minister of Justice shall issue a decision to establish such prosecutions and determine their jurisdiction based on the proposal of the Minister of Municipalities.

Article (22)

Notwithstanding the Penal Code, reconciliation may be effected for matters of misdemeanours and violations caught by municipal guards in the exercise of their competences if their penalty stipulated by law is not mandatory imprisonment or a sentence other than a fine and imprisonment. Reconciliation shall be effected with the chief guard’s approval.

Article (23)

Municipal guards who are working in municipalities upon issuance of this law shall be transferred with the same seniority level to the ranks stipulated by annexed Table No. (2) indicating the equivalent of their current ranks, by a decision of the competent head of the municipality’s People’s Committee.

Article (24)

The Minister of Municipalities shall issue the executive decisions of this law.

Until such decisions are issued, the current regulations shall remain in effect insofar as they do not contravene the provisions of this law.

Article (25)

Provisions of the civil service law shall be applicable to matters which have not been provided for by this law or the decisions issued in accordance herewith.

The provisions of Law No. (88) of 1974 on the reorganisation of the Central Authority for Public Administration Control shall not apply to municipal guards.

Article (26)

Article (57) of Law No. (39) of 1975 on municipalities shall be repealed.

Any text that contravenes the provisions of this law shall be repealed.

Article (27)

This law shall enter into force from its date of issuance and shall be published in the Official Gazette.

Revolutionary Command Council – Libya

Major Abdessalam Ahmed Jalloud

Prime Minister

Abuzed Omar Dorda

Minister of Municipalities

Issued on 8 Rabi’ al-Awwal 1397 AH

Corresponding to 26 February 1977 AD

Table No. (1)

Powers in summary proceedings

Table No. (2)

Positions and ranks of municipal guards