Law of 1963 on issuing the basic law of 1963 for Cyrenaica Province

Law on issuing the Basic Law of 1963 of the Province of Cyrenaica

We, Idris I, King of the United Kingdom of Libya,

upon the approval of the Legislative Council of the Province of Cyrenaica,

hereby ratify and enact the following Law:

Article (1)

The 1954 Basic Law of the Province of Cyrenaica shall be repealed and replaced by the Basic Law attached hereto.

Article (2)

The Legislative Council existing at the time this Law enters into force shall remain in place until its term ends or it is dissolved.

The current Election Law shall be amended to be in line with the provisions of the attached Basic Law within a month from the date said Law enters into force.

Article (3)

The governor and members of the administrative council shall implement this Law, and it shall come into force on the date of its publication in the Official Gazette.

Idris

Issued in Tripoli on 14 Shaaban 1382 AH

Corresponding to 10 January 1963 AD

By order of the King

Muhammad Sakizli

Governor of the Province of Cyrenaica

Omar Yaqoub

Member of the Administrative Council for Public Works and Transportation

Mohammed Mansuri Al-Fituri

Member of the Administrative Council for Finance

Othman Al-Jarbi

Member of the Administrative Council for Agriculture

Naser Al-Zintani

Member of the Administrative Council for Municipal Affairs, Endowments, and Charitable Affairs

The King and Emir of Cyrenaica:

In response to the wish of the people of Cyrenaica that Idris I, King of the United Kingdom of Libya, retain the title Emir of Cyrenaica;

In commemoration of the historical position of the Cyrenaican people in 1940 AD to liberate the country under his leadership when he was the Emir of Cyrenaica;

In fulfilment of this wish, the following provision is required:

King Al-Sayyid Muhammad Idris Al-Mahdi Al-Senussi, King of the United Kingdom of Libya, without prejudice to this Basic Law and the Constitution of the United Kingdom of Libya, shall continue to hold all the rights and the full and inalienable privileges he enjoys as the first Emir of Cyrenaica. Such rights and privileges shall be provided under this Law as reserved, and hereditary after the King. The title of King Idris I for the Province of Cyrenaica shall be Emir of Cyrenaica together with the title the King of the United Kingdom of Libya. In this Law, unless the content indicates otherwise, the word "King" shall be deemed to mean the King of the United Kingdom of Libya and Emir of Cyrenaica. The rights and privileges accruing to the Emir of Cyrenaica for a term not provided in this Basic Law shall be stated and determined in a special law.

Chapter (1)

General Provisions

Article (1)

The Province of Cyrenaica shall be an integral part of the United Kingdom of Libya and shall remain so for all time. Its people shall be an integral part of the Libyan nation.

Article (2)

The administrative borders of the Province of Cyrenaica shall be specified in a law.

Article (3)

The city of Benghazi shall be the capital of the Province of Cyrenaica and its administrative headquarters.

Article (4)

The Constitution of the United Kingdom of Libya and the laws and treaties established pursuant thereto shall be deemed the supreme law of the Province of Cyrenaica.

Article (5)

The Province of Cyrenaica shall be a legal entity.

Article (6)

The legislative and executive powers in the Province of Cyrenaica shall be exercised as set out in this Law.

Chapter (2)

The Legislative Branch

Article (7)

Legislative powers in the Province of Cyrenaica, for all matters not reserved to Libyan Federation under the Constitution, shall be assumed by the King and the State's Legislative Council in accordance with this Law.

Article (8)

The Legislative Council shall be formed of twelve members. Nine members shall be elected pursuant to the Election Law and the remaining members shall be appointed by the King, based on the submission of the governor and the approval of the Administrative Council.

Article (9)

All Libyans that have the right to vote for the National Assembly and who are registered in the voter registry in the Province of Cyrenaica shall have the right to vote for the Legislative Council.

Article (10)

Each person that does not have the right to vote under the preceding Article or under the Election Law of the Province of Cyrenaica may not be elected or appointed a member of the Legislative Council.

Article (11)

Each member of the Legislative Council shall be deemed a representative of the Libyan people in the Province of Cyrenaica. Such representation shall not be subject to any restrictions or conditions.

Article (12)

The Council shall rule on the validity of the election of its members, and the status of representative may only be invalidated under a decision issued by a majority of not less than two-thirds of all members.

Article (13)

Prior to assuming their work, each member of the Legislative Council must publicly swear the following oath before the Council:

"I swear to God Almighty to be faithful to the country and the King*, to respect the Constitution and the laws of the country, and to perform my work in good faith and truth."

 

Article (14)

The term of the Legislative Council shall be four years, without prejudice to Articles (25) and (26).

Article (15)

  1. The King or Crown Prince, upon delegation by the King, shall call the Legislative Council to convene its ordinary sessions in the first half of the month of November of each year.
  2. The King or Crown Prince, upon delegation by the King, shall announce the close of the Legislative Council's session when the Council's works are completed. Sessions shall not be less than five months or more than nine months. 
  3. The King may call extraordinary meetings of the Legislative Council when he deems such necessary and when requested by a petition signed by an absolute majority of the Council's members. The King shall announce the end of extraordinary meetings.

Article (16)

Meetings of the Legislative Council shall be valid with the attendance of a majority of its members.  Council decrees shall be issued by a majority of the votes of those present, except where a special majority is required. In the event of a tie, the chairman shall have the casting vote.

Article (17)

Members of the Legislative Council may only vote if they attend the session. Voting by proxy shall not be allowed. Votes shall be given in the manner set out in the Council's internal regulations.

Article (18)

  1. Draft laws proposed by the State administration shall be submitted to the Legislative Council under a decree signed by the King or Crown Prince acting on behalf of the King.
  2. Any member of the Legislative Council may submit any draft law or proposal, without prejudice to the provisions of this Law and the Council's internal regulations. 
  3. The chairman of the Legislative Council shall send to the governor a copy of draft laws submitted by Council members prior to their submission to the Legislative Council.

Article (19)

A draft law or proposal may not be submitted to the Council in the same session that it was rejected by the Council.

Article (20)

The Legislative Council shall not discuss any draft law prior to its referral to the competent council, which shall submit a report thereon.

 

 

 

Article (21)

  1. Laws approved by the Legislative Council shall be submitted to the King or the Crown Prince acting on behalf of the King within fifteen days from the date such was approved, and shall be ratified and enacted within thirty days from the date they were submitted thereto. 
  2. The King or Crown Prince, within the period set for enactment of a law, may request that the Legislative Council reconsider such law. In this case, the Council shall discuss the law again. If three-fourths of the Council's members approve the law a second time, the King or Crown Prince shall ratify and enact it within thirty days of being notified of the final decision thereon. If the majority is less than three-fourths the Council's members, review of the law in the same session shall be barred. If in another session the Legislative Council approves such draft by a majority of all the members forming the Council, it shall be ratified and enacted by the King or Crown Prince within thirty days from notification thereof.

Article (22)

Laws enacted by the King or Crown Prince shall enter into force in the State thirty days after the date they are published in the State's Official Gazette. This period may be reduced or extended by a special provision in such laws. The laws must be published in the State's Official Gazette within fifteen days from the date they are enacted.

Article (23)

If the Legislative Council is not in session and exceptional conditions arise requiring urgent measures, the King or Crown Prince acting on behalf of the King may, based on the proposal of the governor and the approval of the Administrative Council, issue legislative decrees having the force of law, provided such do not violate the Constitution or this Law.

These legislative decrees shall be submitted to the Legislative Council in the first meeting thereof. If they are not submitted or are submitted and not approved by the Council, they shall no longer have the force of law. 

Article (24)

The Administrative Council may be authorised to issue subsidiary legislation. The law shall set out the content and purpose of such legislation.

Article (25)

Elections shall be conducted and appointments made to renew the Legislative Council within three months prior to the end of its term. If such is not possible within said period, the term of the existing Council shall be extended until such elections and appointments take place.

Article (26)

Based on the submission of the governor and the approval of the Administrative Council, the King may dissolve the Legislative Council before the end of its term under a decree stating the grounds for dissolution.

If the Council is dissolved for a specific reason, the following Council may not be dissolved for the same reason. 

Article (27)

If the Legislative Council is dissolved in accordance with the preceding Article, elections and appointments for the new Council must be held within ninety days of the date of dissolution.

In this case, the new Council must be called to an ordinary session within twenty days following the announcement of the election results.

Article (28)

At the beginning of each ordinary session of the Legislative Council, the governor must submit to said Council a full report on the State's status, stating the Administrative Council's policy thereon.

Article (29)

Each member of the Legislative Council may direct questions and interpellations to members of the Administrative Council as set out in the Council's internal regulations. Discussions of interpellations or responses to questions shall not take place until at least five days after they are submitted, with the exception of urgent cases provided the party to whom the interpellation is directed agrees.

Article (30)

If the seat of an elected or appointed member of the Council becomes vacant, the vacant seat must be filled by election or appointment, as the case may be, and in accordance with this Law. Vacant seats shall not be filled during the six months prior to the end of the Council's term.

Article (31)

Members of the Legislative Council may not be held accountable for views they state in the Council. The adoption of criminal measures against Council members or the arrest thereof shall not be permissible while the Council is in session unless authorised by the Council, with the exception of cases of in flagrante delicto.

Procedures begun prior to the opening of the session may not be continued without authorisation of the Council.

Article (32)

  1. Membership may be held on both the Legislative Council and the Administrative Council. In such case, the member shall only receive the allowances provided to members of the Administrative Council. 
  2. No member of the Legislative Council may be a member of the National Assembly, a minister, or civil employee.
  3. No member of the Legislative Council may have any direct or indirect interest in any of the State's engagement, procurement, or public works contracts.

Article (33)

  1. The Election Law shall set out electoral candidate terms and conditions, the election system, electoral districts, voting centres, the process for filing objections, the procedures to be followed before, during, and following elections, as well as electoral offences. 
  2. The governor shall issue the order to conduct elections for members of the Legislative Council.

Article (34)

  1. Legislative Council sessions shall be public. However, the Council may convene privately at the request of a majority of the members present or based on the request of the Administrative Council, in order to determine if the discussion on the matter under consideration must be conducted in a private or public session. 
  2. The Legislative Council must keep and publish minutes of its sessions and procedures. Minutes of its private sessions shall only be published pursuant to a special decree issued thereby.

Article (35)

At the beginning of each ordinary session of the Legislative Council, the oldest member shall chair the Council and the youngest member shall be secretary of the Council. Thereafter, the Council shall immediately elect a chairman, a deputy chairman, and not more than two secretaries. Voting shall take place by secret ballot and the person receiving the most votes shall be the winner. In the event of a tie, the winner shall be selected by drawing lots. If the position of the chairman, deputy chairman, or secretaries becomes vacant during the session, the Council shall elect a replacement for the remaining term.

Article (36)

The Legislative Council shall draft its internal regulations.

Article (37)

Requests may only be submitted to the Legislative Council in writing. The Council may refer the submissions it receives to the competent member of the Administrative Council, and such member shall submit the clarifications necessary regarding the contents of the submissions referred thereto whenever requested by the Council.

Article (38)

Order in the Legislative Council is entrusted thereto, and the chairman shall perform such duty.  No armed power may enter the Council or be stationed near its doors except by request of the chairman.

Article (39)

Remuneration for members of the Legislative Council shall be set by law. Each increase thereto shall only come into effect after the end of the term of the Council that approved the increase.

Chapter (3)

The Executive Branch

Article (40)

Executive power in all matters not entrusted to the federal government under the Constitution shall be assumed by the King, the governor, and the Administrative Council, in accordance with this Law.

Article (41)

  1. The State shall have a ruler with the title of governor, who shall be appointed and dismissed from his position by a royal order.
  2. In the event of the governor's absence or inability to perform the duties of his position, he shall be replaced by a member of the Administrative Council appointed for such.

Article (42)

  1. The State shall have an Administrative Council chaired by the governor, which shall be responsible to the Legislative Council.
  2. Members of the Administrative Council shall be appointed to and dismissed from their positions under a royal decree based on the proposal of the governor.
  3. If the governor resigns or is dismissed from office, all members of the Administrative Council shall be deemed to have resigned or been dismissed from office. 

Article (43)

  1. The State shall have the following departments:
  1. Finance
  2. Transportation
  3. Public Works
  4. Endowments and Charitable Affairs
  5. Municipal Affairs
  6. Agriculture
  1. One or more of these departments may be entrusted to a member of the Administrative Council. Other departments may be established by royal decree, based on a proposal from the governor. 

Article (44)

  1. Prior to commencing the duties of their position, members of the Administrative Council must perform the oath set out in Article (13). The governor shall perform the oath before the King, and the members of the Administrative Council shall perform it before the governor.
  2. The chairman and members of this Council shall be jointly responsible before the King and the Legislative Council for the general policy on the administration of the State and for the decrees issued thereby, and each shall be responsible for their work.

Article (45)

In the event that a member of the Administrative Council is absent or unable to perform the duties of their position, the Council shall entrust such member’s work to another member until their return.

Article (46)

    1. Irrespective of whether they are members of the Legislative Council or not, members of the Administrative Council shall have the right to attend Legislative Council sessions and must be heard every time they request the floor. Such members may seek the assistance of any employees of their departments they select or appoint them as representatives thereof.
  1. The Legislative Council may request that any member of the Administrative Council attend its sessions.
  2. Administrative Council members and their assistants or representatives may not participate in voting in the Legislative Council, unless they are a member thereof.

Article (47)

  1. The governor or member(s) of the Administrative Council must resign if the Legislative Council passes a vote of no-confidence therein by a majority of three-fourths of its members. 
  2. A no-confidence vote shall only be conducted if the issue of confidence was raised by:
    1. The governor or any member of the Administrative Council.
    2. At least one-third of the members of the Legislative Council, provided it is not less than three-fourths of the members present in the session the vote was conducted.
  3. The issue of confidence may not be posed for discussion in the Legislative Council until eight days from the date it was raised, for members of the Administrative Council, and fifteen days for the governor. Voting on such shall not occur until two days after the discussion thereof is completed.

Article (48)

While occupying their position, the governor and members of the Administrative Council may not hold any public office, engage in any profession, or rent State property other than their private residence. They also may not purchase any such property or enter, directly or indirectly, into any undertakings or tenders held by the State or the institutions subject to its administration or overseen thereby or be members on the board of directors of any company or participate in commercial or financial work.

Article (49)

The salaries and allowances of the governor and Administrative Council members shall be set out by law.

Chapter (4)

Finance

Article (50)

All State revenue shall be paid to the public treasury, including the taxes, fees, grants, and loans collected and other funds transferred thereto in accordance with the Constitution and the laws.

Article (51)

      1. The Administrative Council shall submit the State's budget to the Legislative Council at least three months prior to the start of the fiscal year, for examination and approval. The budget shall be approved chapter by chapter.
      2. All State revenue and expenses must be entered into its budget.

Article (52)

The beginning and end of the State's fiscal year shall coincide with the federal government's fiscal year.

Article (53)

No pensions, compensation, assistance, or remuneration shall be paid from the public treasury except within the bounds of the law.

Article (54)

Legislative Council sessions may not end until the budget has been approved.

Article (55)

In all cases in which the budget is not approved before the start of the fiscal year, the Administrative Council shall, under a decree thereby, open temporary monthly allocations based on a portion of twelve months of the prior year's allocations.

Revenue shall be collected and expenses incurred in accordance with the laws in force at the end of the prior fiscal year.

Article (56)

Each expense not contained in the budget or in excess of budget estimates must be authorised by the Legislative Council. The Council must also issue an authorisation whenever a transfer is to be made from one part to another in the budget.

Article (57)

In cases where the Legislative Council is not in session or in cases of urgent necessity, based on the submission of the governor and approval of the Administrative Council, new expenses not contained in the budget or the transfer of an amount from one part to another may be approved under a decree signed by the King or the Crown Prince acting on behalf of the King. Such shall be submitted to the Legislative Council not more than thirty days from its next session.

Article (58)

No draft law may be submitted to or reviewed by the Legislative Council if it introduces new expenses to the public treasury without stating the sources from which such will be collected.

Article (59)

The State may not approve the imposition of the federal taxes set out in Article (36.28) of the Constitution, except pursuant to a decree from the Legislative Council.

Article (60)

Tax may only be imposed, amended, or eliminated by law, and no one may be exempted from paying taxes in cases other than those set out by law. No one may be charged funds or fees except within the bounds of the law.

Article (61)

No public loan or undertaking that might result in public treasury expenses in the coming year(s) may be concluded, except with approval of the Legislative Council.

Article (62)

      1. State departments must be audited each year by an auditor and must submit a full report to the Legislative Council on the results of its audit and examination. 
      2. The competencies and powers of auditors, the method of their appointment, and the auditing rules shall be set out by law.

Chapter (5)

Closing Provisions

Article (63)

All laws, subsidiary legislation, decrees, and regulations in force in the State at the time this Basic Law enters into force shall remain in force until repealed, amended, or replaced by other legislation, in accordance with the Constitution and this Law.

Article (64)

This Basic Law may be amended by law, provided that such amendment is made with the approval of three-fourths of the members of the Legislative Council.

 
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