Law No. (41) of 1968 on the National Institute for Public Administration

Law No. (41) of 1968

On the National Institute for Public Administration

 

● Upon review of Article (64) of the Constitution; and

● Civil Service Law No. (19) of 1964, and

● Based on the submission of the Minister of State for Civil Service and the approval of the

Council of Ministers,

 

Article (1)

The following words and phrases shall have the meanings set out before each of them, unless the context indicates otherwise:

1. Action Plan: Provisions of the agreement concluded between the Government and the United Nations Special Fund on cooperation to establish the Institute and ways to achieve its objectives.

2. Representative of United Nations bodies: Any person delegated by a United Nations body or agency in execution of the Action Plan Agreement and selected by the board for membership in accordance with the provision of Article 5.

3. Private Sector: Means any non-governmental establishment or company that wishes to benefit from the Institute’s expertise.

4. Technical Assistance:

Means any aid provided to the Institute and accepted by the Board, whether from experts or employees, or whether it is in cash or in kind, such as tools, devices, literature, or other technical means that help achieve the Institute’s objectives.

 

Article (2)

An institute called the “National Institute for Public Administration” shall be established with a public legal personality and separate budget and to report to the Minister of Civil Service.

The headquarters of the Institute shall be in the city of Tripoli. The Institute may, by a resolution of the board of directors, establish branches, classes or training courses in any other place within the Republic whenever the need arises.

 

Article (3)

The Institute shall aim to achieve the following objectives: –

a. Raise the efficiency of state employees at all levels by focusing on scientific and practical training in various administrative fields with the aim of increasing the effectiveness of the administrative unit and the proper implementation of development plans in the country, achieving coordination, simplification and development in work methods and procedures, and developing and disseminating administrative awareness among employees;

b. Carry out scientific and practical research on administrative issues in the government and public bodies and institutions in cooperation with the competent authorities, study the ties of these authorities with one another, and present the results of the research and the study to those in charge;

c. Collect, preserve, classify and publish documents, books, magazines and bulletins related to administrative sciences and training that achieve the Institute’s objectives, and promote writing and translation in this field;

d. Provide the administrative advice requested by the various authorities or that is deemed necessary. This shall be via the chairman of the Institute’s board of directors;

e. Cooperate in the field of administration with government agencies, public and private Arab institutions and bodies, and international bodies in accordance with the provisions of this law and the applicable regulations;

f. Accept and sponsor trainees, students, professors and experts in the field of administration, taking into account the provisions of this law and other laws and regulations;

g. Organize Arab and international administrative seminars held at the institute and invite to these with the approval of the competent authorities; and

h. Participate in and contribute to the meetings and conferences mentioned in the previous paragraph, which are held outside the Republic and are related to the institute’s objectives and mission. This shall be based on the decisions of the relevant authorities.

 

Article (4)

The training at the Institute shall include holding conferences for administrative leaders, giving lectures, symposia, research halls and forums, observations, and scientific and field training in various administrative sciences, and those related to the institute’s objectives.

 

Article (5)

1. The Institute shall have a board of directors to be constituted as follows:

Deputy of the Ministry of Civil Service – Chairman

Representative of the Deputy of the Ministry of Civil Service

A delegate, whose rank is not lower than a director general, selected by the Minister

A competent official from the Ministries of Planning and Development,

Finance, Education, Municipal Affairs, and the Interior

The director of the Institute or his deputy in his absence – Members

2. One or more members of the board may be appointed to represent the United Nations bodies cooperating with the institute during the course of the agreement concluded with the government. One or more members may also be appointed to represent public institutions and bodies and the private sector.

3. A decree of the Minister of Civil Service, based on the proposal of the board, shall be issued to appoint the members mentioned in the previous paragraph, and such members shall not have a vote in the deliberations.

4. The board shall appoint a secretary based on the proposal of the director.

 

Article (6)

The board of directors shall be competent to do the following:

1. Manage and regulate affairs of the Institute and direct its activities;

2. Approve the necessary systems, programs and plans for research, advice, training affairs and trainees, and cooperate with the relevant authorities to ensure the achievement of the training policy and the objectives and mission of the institute;

3. Implement the policy and training plans laid down by the Minister of Labor and Civil Service exercising its competence in this regard;

4. Develop and issue the organizational and administrative regulations necessary to achieve the institute’s objectives and for its proper functioning, taking into account the action plan agreed upon between the government and the United Nations;

5. Approve the draft annual budget and submit the same to the Minister;

6. Supervise the institute’s funds;

7. Approve the final account;

8. Determine the staff for the classified and unclassified jobs at the institute; and

9. Submit an annual report on the institute’s work to the Minister of Labor and Civil Service.

The board shall exercise the responsibilities of ….. the Civil Service in respect of the Institute’s employees to whom the Civil Service Law and the regulations issued pursuant thereto are applied. The board shall determine to whom the competencies stipulated in the Civil Service Law shall be assigned.

The board may delegate certain responsibilities thereof to the director of the Institute.

 

Article (7)

The board shall be validly convened if attended by the majority of the members including the chairman. Resolutions shall be issued by an absolute majority of the votes present. In case of a tie, the chairman’s side shall prevail.

The board may invite any person whose opinion it wishes to seek to attend its sessions without having the right to vote.

The board shall convene at least once every two months at the invitation of its chairman to consider the matters raised on the agenda. It may convene in an extraordinary capacity based on an invitation from the chairman or a request signed by three members within ten days from the date of such request.

The chairman of the board shall send an invitation to the members to attend the meeting along with the agenda at least seven days before it is convened. The agenda shall include what the Minister of Civil Service, the Minister of Labor and Civil Service, or any member of the board wishes to present to it.

The chairman shall approve the minutes of the meetings, take the necessary action in that regard, and present the same to the board at the next meeting.

The board may form sub-committees from amongst its members or other experts, specialists, faculty and research staff members at the institute, teaching assistants, or others, and it shall determine the duration of these committees and their system of operation.

 

Article (8)

The chairman of the board of directors shall present the resolutions of the board to the Minister of Civil Service within fifteen days from the date of their issuance for approval, and they shall become effective as of . . …

The Minister may object in writing to all or some of these resolutions within fifteen days from the date they were presented to him. If this period elapses without the Minister approving the resolution or objecting thereto, the resolution shall become effective from the day following the expiry of the said period.

If the Minister objects within that period, the resolution in question shall be returned to the board in order to be reconsidered. Thereafter, the conclusion reached by the board shall be presented to the Minister, and if the Minister maintains his opinion, it shall become final and enforceable.

 

Article (9)

The Institute shall have a director, a deputy director, and an adequate number of technical and administrative staff, to whom the provisions of the Civil Service Law and the regulations issued pursuant thereto shall apply, taking into account the conditions contained in the agreements that have been or will be concluded by the government with international bodies or foreign governments.

A decree of the Council of Ministers based on the proposal of the Minister of Civil Service shall be issued for the appointment of the director and the determination of his rank.

The director shall exercise the following responsibilities:

1. Manage the Institute, and supervise and direct its technical and administrative staff in accordance with the policy laid down by the board of directors;

2. Represent the Institute before the courts and in its relations with third parties, and sign the contracts approved by the board;

3. Implement resolutions of the board;

4. Prepare the draft budget and final account and submit them to the chairman for presentation to the board of directors;

5. Manage the Institute’s funds within the limits of the applicable governmental regulations and board resolutions, and disburse the amounts approved in the budget; and

6. Prepare an annual report on the various activities at the Institute for being presented to the board of directors, and submit other reports whenever the need arises.

The director may delegate some of his responsibilities to his deputy and to the head of the relevant sections in the Institute.

 

Article (10)

The Institute’s revenues shall consist of the appropriations allocated to it in the State budget, technical subsidies, grants, gifts, bequests and any other revenue that the board of directors resolves to accept.

 

Article (11)

Financial System

The Institute’s budget and final account shall be presented to the Council of Ministers for approval.

The rules and regulations applied in the government shall apply to the management of the Institute’s funds, contracts, and accounts, and the auditing of these accounts, provided that, during the period in which the United Nations Special Fund contributes, the rules agreed upon between the government and the United Nations in respect of the funds contributed by the said body shall be applied.

 

Article (12)

The prime minister and other ministers, each within his jurisdiction, shall implement this law, which shall come into force as of the date of being published in the Official Gazette.

 

Issued on 6 Jumad Al-Awwal 1388 AH

Corresponding to 31 July 1968 AD