General National Congress
Resolution No. (3) of 2013 AD
opening temporary monthly appropriations and approving certain provisions
The General National Congress,
Upon review of:
· The Constitutional Declaration issued on 3 August 2011 AD and amendments thereto;
· The Law of the Financial System of the State, and the budget, accounts, and stores regulations and amendments thereto;
· Law No. (13) of 2000 AD on planning and the implementing regulations thereof;
· Law No. (2) of 2010 AD issuing the General Budget Law for Parts (1), (2), (4), and (5) for 2010 AD, and Part (3) for years 2010, 2011, and 2012 AD;
· Law No. (20) of 2012 AD on approving the State’s general budget for 2012 AD;
· General National Congress Resolution No. (9) of 2012 AD on appointing the prime minister and assigning him to form the interim government;
· General National Congress Resolution No. (10) of 2012 AD issued on granting confidence in the interim government;
· The submission of the Prime Minister in Letter No. (00342) dated 08/01/2013 AD;
has resolved:
Article (1)
The interim government shall be authorised to open temporary monthly allocations on the basis of one-twelfth (1/12) of the allocations for fiscal year 2012 AD for Parts (1), (2), and (4) of the general budget, in accordance with the provisions established in the legislation in force, until the law approving the general budget for fiscal year 2013 AD is issued. Revenue shall be collected and disbursals made in accordance with the laws and regulations in force.
Article (2)
The Ministry of Finance shall specify on a monthly basis the bodies benefiting from the temporary monthly allocations, not to exceed one-twelfth (1/12) of the allocations for fiscal year 2012 AD.
Article (3)
Until the budget is approved, no new appointments or promotions may be made except in cases of necessity and on condition that the appointment or promotion for the relevant position is approved in the Ministry or Authority’s staffing in the previous budget.
Annual bonuses due under the law shall be disbursed in accordance with the provisions thereof, even if such takes place before the budget is approved.
Article (4)
During the period prior to the budget’s approval, spending from Part (2) General Expenses shall be in accordance with the following rules:
1. General expense items proposed in the draft law for the first time shall not enter into force, and items proposed for elimination shall be deemed eliminated.
2. Disbursals from items with a proposed increase shall be within the approved limits of the previous budget without increase, and disbursal of items with a proposed reduction shall be within the limits of the reduced allocation.
3. Disbursals from any of the general expense items may be increased by the percent set in the temporary monthly allocation, on condition that total Part (2) expenses not exceed said percent.
Article (5)
New works proposed in the draft budget may not be undertaken until the budget is approved. Works whose implementation started in previous fiscal year(s) and for which an allocation has been entered into the draft budget may incur expenses within the limits of the temporary monthly allocation, on condition that the estimates of the works contained in the draft budget are not exceeded and such takes place based on a financial authorisation issued on a case by case basis.
Article (6)
Financial amounts transferred in accordance with this Resolution shall be deducted from allocations to the beneficiary bodies in the general budget for fiscal year 2013 AD. The Ministry of Finance shall perform the necessary reconciliation procedures after approval of the law on the general budget for fiscal year 2013 AD.
Article (7)
The Central Bank of Libya and the Ministry of Finance shall establish the arrangements to ensure availability of the necessary liquidity in a timely manner.
Article (8)
This Resolution shall expire with the issuance of the law approving the State’s general budget for 2013 AD.
Article (9)
This Resolution shall enter into force on 01/01/2013 AD and shall be implemented by the concerned bodies. This Resolution shall be published in the Official Gazette.
General National Congress – Libya
Issued in Tripoli
8 Rabi’ al-Awwal 1434 AH
Corresponding to: 20/01/2013 AD
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