Law No. (2) of 2007 on organising the People's Inspection and Oversight

Law No. (2) of 1375 FDP

on organising the People’s Oversight and Inspection

 

The General People's Congress,

  • In implementation of the resolutions of the Basic People's Congresses in their annual session of 1374 FDP;

Upon review of:

  • The Declaration on the Establishment of the Authority of the People;
  • The Great Green Charter of Human Rights in the Jamahiriyan Era;
  • Law No. (1) of 1991 AD on the promotion of freedom;
  • Law No. (1) of 1375 FDP on the work of the People's Congresses and the People's Committees;
  • The Code of Criminal Procedure;
  • The Law of the Financial System of the State;
  • The Justice System Law;
  • The Civil Service Law issued under Law No. (55) of 1976;
  • Law No. (15) of 1981 on the regulation of salaries for national employees of the Socialist Libyan Arab Jamahiriya;
  • Law No. (10) of 1423 FBP on cleansing and amendments thereto;
  • Law No. (11) of 1425 FBP reorganising the People's Oversight, amended by Law No. (30) of 1369 FDP;
  • Law No. (13) of 1371 FDP approving certain provisions on the People’s Oversight and Inspection and cleansing;

formulated the following Law:

 

Article (1)

Definitions

In the application of this Law, the following expressions shall have the meanings opposite each, unless indicated otherwise by the context.

Authority: The People’s Oversight and Inspection Authority.

Committee: The General People’s Committee for the People’s Oversight and Inspection Authority.

Secretary: The Secretary of the General People’s Committee for the People’s Oversight and Inspection Authority.

Authority member: A technical employee granted membership in the Authority.

Investigating member: Someone who has the investigating powers provided to the Public Prosecution under the law.

Employee: An Authority affiliate that is not a member of the Authority.

Personnel: Authority members, employees, and other persons affiliated to the Authority.

 

 

 

 

Part (1)

Definition and Goals of the Authority and
the Bodies Subject to its Oversight

 

Article (2)

An authority called the "People's Oversight and Inspection Authority" shall be established. This authority shall be the technical apparatus of the Basic People's Congresses in extending its people's oversight to its executive apparatus. The Authority shall be an independent body affiliated to the General People's Congress and shall undertake inspection and oversight in accordance with this Law and Law No. (10) of 1423 FBP on cleansing and the amendments thereto.

 

Article (3)

The goal of the Authority is to achieve effective oversight on the performance of the bodies subject thereto and monitor their activities to verify whether they achieve their goals, and whether the officers and personnel thereof are performing the responsibilities and duties entrusted thereto in accordance with the laws, regulations, and decrees in force, and that they work for the public interest in doing so as well as to ensure the orderly and steady operation of public facilities in accordance with the policies laid down by the Basic People's Congresses.

The goal of the Authority is also to discover, control, and investigate illegal gains and offences against the dignity of public office or public funds, and financial and administrative violations at the bodies subject to its oversight.

 

Article (4)

The following bodies shall be subject to Authority oversight:

  1. The General People's Committee and People's Committees at all levels, and all bodies funded by the public budget.
  2. Public institutions and bodies, free-standing authorities and agencies, and the administrative units affiliated to any of the People's Committees mentioned above.
  3. Control agencies and bodies.
  4. Land, air, and sea entry ports.
  5. Public companies.
  6. Companies, public bodies, public institutions, or public companies, whether in the Great Jamahiriya or abroad, in which the state holds not less than 25% of its capital.
  7. Conveyed production or service companies or units, unless they have paid the obligations ensuing from the conveyance process.
  8. Liquidation boards of public companies.
  9. Public interest associations, institutions, and bodies that the state supports or to whose budget it contributes.
  10. People’s bureaus and brotherhood bureaus abroad, and the like.
  11. Any other body made subject to Authority oversight pursuant to a decree issued by the General People’s Congress.

 

 

Part (2)

Authority Administration, Member and Employee Affairs, and Authority Accounts

 

Article (5)

The Authority shall be managed by a General People’s Committee consisting of a Secretary and an assistant Secretary selected by the General People’s Congress, and a number of members to be named under a decree from the Secretariat of the General People’s Congress.

The Authority shall have a sufficient number of inspector generals, technical members, and employees.

 

Article (6)

The Committee shall hold competence to perform the following:

  1. Elaborate the general policy regulating People's Oversight and Inspection and formulate the plans and programs to implement it.
  2. Formulate the plans, programs, and methods for performing and monitoring oversight work.
  3. Draw up the Authority's annual draft budget and balance sheet.
  4. Issue regulations on the Authority’s work and employee affairs.

Article (7)

The Secretary of the General People's Committee for the Authority shall manage Authority affairs and supervise the administrative and technical work flow therein. The Secretary shall undertake the following in particular:

  • Call meetings of the General People's Committee for the Authority, run its sessions, implement its resolutions, and monitor the implementation thereof.
  • Propose the plans, programs, and methods for performing and monitoring oversight work.
  • Form committees to perform the tasks assigned to the Authority provided under Law No. (1) of 1423 FBP on cleansing and the amendments thereto.
  • Issue decisions related to granting membership and to granting the capacity of a judicial police officer to Authority employees and other members of committees tasked with the duties assigned to the Authority set forth under Law No. (10) of 1423 FBP on cleansing and the amendments thereto.
  • Propose the Authority's annual draft budget.
  • Propose draft regulations organizing the Authority's work, the affairs of its members and employees, financial and administrative affairs, procurement, and contracting.
  • Issue decisions related to occupational affairs and decisions related to the organisation of Authority affairs.
  • Handle the Authority's affairs in its communication with third parties and before the courts, and it may assign another party in this regard.
  • Assign someone to replace them upon their absence and the absence of the assistant Secretary.
  • The implementing regulations of this Law shall set out the powers of the assistant Secretary.

 

Chapter (2)

Authority Member and Employee Affairs

 

Article (8)

The Authority shall exercise the competencies assigned thereto under this Law, and shall be formed of administrative divisions to be defined and whose competencies shall be set out under a decree issued by the Secretary of the Committee. The General People's Committee for the Authority may also establish Authority branches or offices in the districts.

 

Article (9)

Authority members and employees must be Libyans with higher or university credentials in law, accounting, economy, engineering, or any other higher or university speciality required by the nature of work at the Authority. Members may not be appointed to the Authority or membership granted to anyone who does not hold such credentials.

Anyone nominated for an Authority member position must, in addition to the requirements provided in this Article, have spent a term of service at the Authority of not less than four consecutive years.

Exceptions to the aforementioned condition on credentials may be made for persons filling support or manual technical, administrative, and clerical positions.

 

Article (10)

Anyone nominated for an investigating member position at the Authority must have a higher or university credential in law and have spent at least four years after obtaining the credential in one of the Authority's oversight sections or departments. Members of judicial bodies assigned to work at the Authority must have spent said period working at the judicial bodies.

 

Article (11)

Appointment, promotion, transfer, whether within the Authority or outside of it, delegation, and secondment of Authority members and employees and the acceptance of their resignation and termination of service shall be pursuant to a decree issued by the Secretary.

 

Article (12)

Authority members shall swear the following oath, prior to starting their positions:

"I swear by God Almighty to adhere to the principles and goals of the Great 1 September Revolution, to faithfully maintain the authority of the people, protect the nation's interests, respect the law, and perform my job with care, honestly, and precision."

The oath shall be sworn before the Committee.

 

Article (13)

The Secretary and members of the People’s Committee and the technical members of the Authority shall have the capacity of a judicial police officer with regard to the implementation of this Law and Law No. (10) of 1423 FBP on cleansing. This capacity may also be granted to employees whose nature of work requires such, pursuant to a decision from the Secretary of the Committee.

 

 

Article (14)

A committee for the affairs of Authority members and employees shall be formed under a decree from the Secretary, to exercise all the competencies and powers provided thereto in the Civil Service Law and the implementing regulations of this Law.

 

Article (15)

Authority personnel shall be entitled to a bonus, the amount of which along with the disbursal conditions and eligibility requirements shall be set out in a decree issued by the Secretariat of the General People’s Congress based on a submission from the Committee.

 

Article (16)

Authority personnel shall have the right to health and social care and treatment expenses and shall be compensated for any injuries or illnesses they suffer while at work or due thereto that are not a result of their personal error. The implementing regulations of this Law shall set out the necessary rules and conditions, including compensation amounts.

A fund called the “Personnel Fund” shall be established at the Authority with the aim of providing social and cultural care, and providing assistance and remuneration to Authority personnel.

A decree from the Committee shall be issued organizing the fund, the management thereof, and specifying its resources and disbursement rules.

 

Article (17)

Upon reaching sixty-two years of age, the service of any Authority personnel shall end. When necessary, the service of any Authority personnel may be extended for one year (renewable) provided the period not exceed three years. Extensions shall be made based on a decision issued by the Committee.

Any Authority personnel may be transferred to retirement at their request, if they have completed at least twenty years of service.

 

Article (18)

At the end of their service, Authority personnel shall be granted the salaries due for their accumulated annual leaves, not to exceed one year’s salary. The implementing regulations of this Law shall set out the conditions necessary to enforce this Article.

 

Article (19)

The disciplinary penalties that may be imposed on Authority members are:

  • Warning.
  • Censure.
  • Deduction of salary for a period not to exceed one month per year.
  • Withholding of annual bonus.
  • Withholding of promotion for a period of one year.
  • Dismissal from the position.
  • The Secretary may impose the penalty of censure, warning, or deduction of salary not to exceed fifteen days at one time. The penalty of deduction shall not be imposed until the member's statements are heard and their defence investigated.

 

Article (20)

The activities of Authority members shall be subject to inspection, as set out in the implementing regulations of this Law.

 

Article (21)

Authority members are not subject to dismissal unless a member loses the confidence and esteem required for public office and a ruling is issued by the competent disciplinary council with regard thereto.

 

Article (22)

Disciplinary trials of Authority members shall be before a council consisting of:

  • A counsellor on the Supreme Court, assigned by the court's general assembly, Chairman
  • A counsellor on the Court of Appeal, assigned by the court's general assembly, Member
  • A member of the Authority holding a grade not lower than that of the member referred to trial, named by the Secretary, Member

The implementing regulations of this Law shall set out the disciplinary trial procedures.

 

Article (23)

Investigation procedures, disciplinary trial, and penalisation of non-member Authority employees shall be in accordance with the Civil Service Law.

 

Article (24)

Except in cases of in flagrante delicto, Authority members may not be arrested, subjected to any investigation procedures, or a criminal case filed against them except with written permission from the Secretary of the Committee. In cases of in flagrante delicto, the Secretary must be notified within twenty-four hours following the arrest.

 

Article (25)

Where no provision is made in this Law, Civil Service Law No. (55) of 1976 and Law No. (15) of 1981 on the regulation of salaries for national employees of the Socialist People's Libyan Arab Jamahiriya shall apply to Authority personnel.

 

Article (26)

Authority members and employees may not engage in any work other than their position at the Authority, even outside of official working hours, except with permission from the Secretary of the Committee.

 

 

 

 

 

 

 

 

Chapter (3)

Authority Budget and Accounts

 

Article (27)

The Authority shall have an independent discretionary annual budget prepared at least three months prior to the beginning of the financial year. The Authority’s financial year shall commence at the beginning of the state’s fiscal year and end at the end thereof. The resources allocated to the Authority’s budget shall consist of:

  1. The financial allocations made to the Authority from the State budget.
  2. Surpluses from the budget of the previous year.
  3. Any other resources provided to the Authority.

Article (28)

The Authority’s accounts, disbursal methods, revenues, and other financial matters shall be regulated in accordance with the regulations and rules specified in the implementing regulations of this Law.

 

Article (29)

The Secretary of the Committee shall exercise the powers entrusted to the General People's Committee for Finance with regard to the use of the allocations made in the Authority's budget. The Authority's People's Committee shall have the power to make transfers from one section to another within the Authority's budget.

 

Article (30)

The Authority shall be audited and its balance sheet approved as set out in the implementing regulations of this Law.

 

Part (3)

Competencies, Powers, and Investigations

 

Article (31)

The Authority shall hold competence to conduct the necessary investigations and periodic inspections of all bodies subject to its oversight, in order to confirm whether:

  1. The duties entrusted thereto were performed in accordance with the legislation in force and within the framework of the decisions and recommendations of the Basic People's Congresses, and that is has achieved the goals for which it was established.
  2. The personnel perform their jobs as required by the laws and regulations, and strive to work in the public interest when performing these tasks without intercession, favouritism, or exploitation of their positions.
  3. The financial performance of the approved budgets is in accordance with the Law of the Financial System of the State and the law approving the budget, and that its contracting and project implementation is in accordance with the regulations on administrative contracts and the like.

 

 

Article (32)

The Authority shall work to examine the causes of shortcomings in work performance in the production, distribution, and service performed by the bodies subject to its oversight, and to discover any faults in the administrative systems in use that hinder its work flow and propose means to avert such.

The Authority shall also work to monitor administrative performance and lack of administrative discipline. It shall conduct the investigations required to discover any wrongful administrative practice against any personnel in contravention to the laws and regulations, as well as to discover violations and crimes against the dignity of the office and public funds committed by personnel in the bodies subject to Authority oversight during or due to their performance of their jobs, and undertake the necessary measures to control and investigate them.

This is in addition to the violations and offences committed by persons other than those mentioned in the preceding paragraph of this Article, if the aim was to harm the performance of the duties of the office, or public service, or damage the public interest or public funds.

It may also confirm that the decrees on appointment, promotion, and the granting of bonuses and allowances of any kind were issued in accordance with the laws and regulations governing such items and within the limits of the budget and the financial rules, and that the rules on grades of positions that were granted personally or cancelled or amended were observed.

 

Article (33)

The Authority shall hold competence to monitor and control foodstuffs and medication, whether imported or locally-produced, and the extent of their compliance with certified standards and specifications and health requirements, and undertake the necessary measures in this regard.

 

Article (34)

Supply, building, concession agreements and other contracts to which any of the bodies set out in paragraph (1), (2), (3), or (5) of Article (4) of this Law is a party and which entail rights or financial obligations each exceeding five hundred thousand dinars shall be subject to the legal and financial oversight of the Authority prior to contracting.

This value shall be determined by the total value of the categories or works under contract. In such cases, the contract may not be divided with the intention of reducing its value to a limit insulating it from oversight.

The Authority may suspend all procedures ensuing from contracts that were divided with the intent of avoiding prior oversight, and refer those in violation for investigation in accordance with the procedures set out in this Law. Anyone who violates this Article shall be punishable with imprisonment for a period not to exceed three months.

The Authority shall perform its prior oversight on the contracts set out above to confirm that the commitments made when contracting are in accordance with the legislation in force on contracting and in light of the approved budgets.

 

 

 

 

 

Article (35)

The bodies whose contracts are subject to prior review shall send copies of the approvals required for contracting to the Authority, and copies of the correspondence in which approval is requested to propose the project for contracting, attaching thereto a statement of the contract subject and the related documentation required by the Authority in order to complete the review.

 

Article (36)

Prior to disbursement, the Authority shall hold competence to check the validity of the certificates and documentation related to the disbursal of any amount related to any contract whose value exceeds five hundred thousand dinars (500,000 LYD). It may also verify such directly following a disbursal for contracts whose value does not exceed this amount but are over one hundred thousand dinars (100,000 LYD).

 

Article (37)

The Authority shall monitor the stages of implementation of contracted projects to verify sound implementation procedures.

It shall also periodically monitor implemented projects that have been delivered to confirm sound operation and maintenance and that the objectives for which it was established have been achieved.

 

Article (38)

The Authority shall exercise the competencies and powers assigned to the cleansing committees under Law No. (10) of 1423 FBP on cleansing and the amendments thereto, through committees formed under a decision from the Secretary of the General People's Committee for the Authority. The members of these committees shall be deemed to be under secondment from their original positions and the provisions that apply to Authority members in accordance with this Law shall apply thereto.

 

Article (39)

The Authority shall study the complaints, reports, and grievances submitted by citizens or received from any public or private legal entity with regard to violations of the law or negligence in the performance of the duties of public office and study their proposals aimed to improve services, orderly work flow, and speed of completion, as well as examine and study complaints, investigations, or surveys in the press or media on negligence, failures, poor management, or exploitation.

 

Article (40)

The Authority shall monitor, examine, and study the laws, regulations, and decrees in force and systems in place to confirm their efficiency with regard to the purposes for which they were established and propose amendments to remedy the shortcomings therein.

 

 

 

 

 

 

Article (41)

The General People's Committee and the General People's Committees for Sectors shall forward the decrees issued thereby to the Authority within not more than fifteen (15) days from their issue date. If the Authority finds that such decrees violate legislation in force or decrees of the Basic People's Congresses or that they have been issued by a body that does not hold competence to issue such, the Authority may challenge the decrees before the competent administrative courts. The filing of a challenge by the Authority shall result in the suspension of the challenged decree by force of law until a final ruling is issued thereon.

 

Chapter (2)

Powers

 

Article (42)

In the course of performing its competencies, the Authority may undertake the means required to investigate, uncover, and control violations and offences.

In doing so, it may conduct individual surveillance if there is a serious justification for such, provided this procedure is undertaken with written permission from the Secretary of the Committee.

 

Article (43)

The Authority may conduct an unexpected inspection at any time on the bodies subject to its oversight. Authority members have the right to access all documentation related to such bodies, even those that are confidential, and to retain any accounts, documentation, records, or any other papers or certificates they deem fit, and they have the right to summon anyone they deem necessary in order to hear their statements.

 

Article (44)

The Authority may suspend any employees of the bodies subject to its oversight from their position if there is strong evidence calling for such measure. The suspension decision shall be issued by the Secretary of the Committee, based on a report from the competent member stating the grounds for suspension. The suspension period may not exceed three months, except under a decision from the competent disciplinary board.

 

Article (45)

If the Authority finds that there are actions that caused damage to public property, movable or immovable, the Secretary may order the suspension of the party that caused the damage, without prejudice to criminal liability. It may also freeze disposals from the bank accounts of the body that caused the damage, which shall not be released until confirming that the damage has been remedied.

 

 

 

 

 

 

 

 

Chapter (3)

Investigations

 

Article (46)

The Authority shall hold competence to investigate any financial or administrative excesses or violations apprehended while performing its competencies, as well as anything referred thereto by the competent bodies and citizen complaints.

In all cases, referral to investigation shall be by the Secretary or person tasked thereby.

 

Article (47)

Investigating members must notify the body to which an employee referred to investigation is affiliated when the investigation commences, unless the referral is based on a request of such body.

 

Article (48)

Investigating members may summon the accused and witnesses at the bodies subject to Authority oversight and anyone else related to the incidents under investigation, hear the statements of witnesses after they are sworn in, and seek the assistance of experts whenever they deem necessary.

The provisions of the Criminal Procedure Code shall apply to the accused and witnesses, including with regard to arrest warrants, and the provisions on judicial experts shall apply to experts.

 

Article (49)

The accused shall be notified of an investigation at least three days before it commences, and they may attend all stages of the investigation, unless the investigation must be conducted in their absence.

 

Article (50)

In the event of an investigation, the Secretary or person tasked thereby may permit the inspection of the accused, if there are strong justifications calling for this measure in accordance with the Criminal Procedure Code.

In all cases, the permit must be in writing and the investigation must be conducted by an investigating member of the Authority.

In all cases, investigating members may inspect the work sites or other locations used by the accused persons under investigation and must write up a report on the occurrence of the inspection provided under this Article, the findings thereof, and whether the accused was present or absent while it was conducted.

 

Article (51)

Following completion of the investigation, investigating members shall submit the case file to the director of the department holding competence for the investigation or to the person tasked for such by the Secretary of the General People's Committee for the Authority, together with a report containing a statement of the facts obtained from the investigation, their characterisation, and the member's opinion thereon, indicating whether or not the accused(s) have been suspended or provisionally suspended from their job.

 

Article (52)

If the Secretary or person tasked thereby for such decides to suspend the investigation or that the violation does not require a penalty more severe than those the body to which the employee is affiliated may impose, he shall forward the papers thereto for issuance of its decision as it sees fit. Said body must notify the Authority of its decision within fifteen days at most from its issue date.

If the Secretary or person tasked thereby for such decides that the violation necessitates a penalty more severe than those the body to which the employee is affiliated may impose, he shall forward the papers to the competent disciplinary board, and notify the employee and the body to which they are affiliated of such.

 

Article (53)

In implementation of Article (52) of this Law, decisions issued by the competent disciplinary boards shall be reported to the Authority within fifteen days of their issuance.

The Secretary or person tasked thereby for such may challenge said decisions before the competent court by the deadlines and in accordance with the procedures provided for such.

 

Article (54)

If the investigation finds that a criminal offence was committed or that incidents under administrative investigation constitute criminal offences, the investigating member shall exercise all powers entrusted to the Public Prosecution provided under Book (1), Section (4) of the Criminal Procedure Code.

If the director of the department holding competence on the investigation finds that the evidence is sufficient to confront the accused, he shall order referral of the papers to the competent court or indictment chamber, as the case may be, after providing a legal characterisation for the incident and after it is approved by the Secretary or person tasked thereby. The investigating member shall initiate the case before the competent court or indictment chamber, and in doing so shall have the powers provided to members of the Public Prosecution, including challenging the orders and rulings issued in this regard.

If the director of the department holding competence on the investigation finds that there are no grounds for filing a criminal case, he shall issue an order for such with the release of the accused, unless the accused has been arrested for another reason.

The Secretary may cancel the order issued stating there are no grounds for filing a criminal case within three months from its issue date, in the cases provided in the Criminal Procedure Code.

In all cases, the Secretary or person tasked thereby for such shall hold competence to challenge the rulings issued on criminal articles, and shall have all the powers provided to the prosecutor general and chief prosecutors under the Criminal Procedure Code.

 

Article (55)

If the findings of the inspection committees provided under Law No. (10) of 1423 FBP on cleansing and the amendments thereto uncover criminal offences, the Authority shall handle the investigation and initiate cases thereon before the competent court in accordance with the provisions set out in said Law and in the Code of Criminal Procedure, or refer them to the Public Prosecution, as the case may be.

 

 

Part (4)

The Disciplinary Board for Financial Violations

 

Article (56)

Pursuant to this Law, a disciplinary board called the Disciplinary Board for Financial Violations shall be established, holding competence to try employees affiliated to the bodies subject to Authority oversight for financial irregularities committed in violation of the Law of the Financial System of the State and the regulations issued pursuant thereto, and the financial violations set out under this Law, the Civil Service Law, and other financial violations set out in the laws, regulations, and decrees regulating work at the bodies subject to Authority oversight.

 

Article (57)

The Disciplinary Board for Financial Violations shall be formed as follows:

  • A member of the judiciary holding a grade not lower than counsellor at the courts of appeal, selected by the general assembly of the court, Chairman
  • An employee of the General People's Committee with a grade of director-general, selected by the Secretary of the General People's Committee, Member 
  • A member of the Law Department with a grade not lower than assistant counsellor, selected by the Secretary of the General People's Committee for Justice, Member
  • A member of the People's Oversight and Inspection Authority, selected by the Secretary of the Committee, Member

In all cases, the grade of all members of the board must not be lower than thirteen. If the person referred to disciplinary trial is a member of the Board, the related body shall select a replacement therefor.

Membership on the Board must not exceed two years.

The General People's Committee for the Authority shall issue a decree forming the Board, and other boards may be established pursuant to a decree from the Committee based on a proposal from the Secretary, provided the decree state the area of jurisdiction of each board and that these boards are formed in accordance with this Article.

Disciplinary trial of those selected by the General People's Congress shall be before a board formed pursuant to a decree from the Secretariat of the General People's Congress.

 

Article (58)

Referrals to the Disciplinary Board for Financial Violations shall be by the director of the department competent for the investigation, after approval from the Secretary of the Committee or person tasked thereby. The Authority's investigating members shall initiate disciplinary cases before the Disciplinary Board for Financial Violations.

 

Article (59)

The Board shall hold its session at the Authority's headquarters or a branch thereof. Its sessions shall be confidential. Decisions shall be issued by a majority of the members and in the event of a tie, the chairman shall have the casting vote.

The Board's decisions must contain the grounds on which it is based, and the employee must be notified thereof within fifteen days from its issue date. Board decisions shall be final and may only be challenged before the administrative court circuits at the courts of appeal.

 

Article (60)

Testimony shall be given before the Disciplinary Board after being sworn in. With regard to failing to appear, refusing to give testimony, and giving false testimony, witness shall be treated in accordance with the provisions provided on such in the Penal Code and the Criminal Procedures Code before the misdemeanours court and the Board shall have the authorities provided to the misdemeanours court in this regard.

 

Article (61)

If several related violations, some administrative and others financial, are attributed to one or more employees, the Disciplinary Board for Financial Violations shall hold jurisdiction for the trial.

 

Article (62)

In the application of this Law, the following shall be deemed financial violations:

  1. Violation of financial regulations and provisions or any instructions or directives issued with regard thereto.
  2. Violation of the regulations on contracting, procurements, or other financial regulations and laws.
  3. Any wrongful act, negligence, or neglect resulting in the unlawful disbursal of public funds or loss of a financial right of the state or the entities subject to Authority oversight.
  4. Failure to provide the Authority with copies of contracts, agreements, or any document that must be provided in implementation of this Law.
  5. Failure to provide the Authority with documents requested thereby necessary for the performance of its tasks.
  6. Failure to respond to the Authority's inquiries, observations, or delay in responding to them at the appropriate time.
  7. Failure to undertake the necessary procedures on the violations included in the Authority's observations.
  8. Any action or position that hinders the Authority in the exercise of its competencies.
  9. Splitting contracts with the intent of avoiding prior oversight.
  10. Entering into contracts subject to the Authority's prior oversight before the Authority reviews and provides its observations thereon.

Article (63)

Anyone who commits the violations set out under Article (62) of this Law shall be subject to the following penalties:

  • Deduction of salary for a period not to exceed one month per year.
  • Suspension from work.
  • Withholding of promotion for a period of not more than three years.
  • A fine not less than one thousand dinars and not more than five thousand dinars.
  • Reduction of position grade.
  • Dismissal from the position.

These penalties shall be imposed by a decision from the Disciplinary Board for Financial Violations. Termination of an employee's service shall not preclude their disciplinary trial before the Disciplinary Board.

Application of this Article shall not prejudice obliging violators to correct the violations as soon as they are notified thereof.

 

Part (5)

General Provisions

 

Article (64)

The General People's Committee and the General People's Committee for Sectors and the bodies affiliated thereto must send copies of their meeting minutes and decisions to the Authority.

Such bodies must also forward to the Authority copies of its correspondence that involve financial obligations.

The Authority must forward copies of its People's Committee meeting minutes and decisions to the Secretariat of the General People's Congress.

 

Article (65)

The bodies subject to Authority oversight shall study the observations and inquiries sent to it by the Authority, and respond to them by the set time.

Anyone who delays without an acceptable excuse for not responding to the Authority's observations or correspondence in general, neglects to respond, or refuses to heed a summons to hear their statements shall be subject to a disciplinary penalty.

 

Article (66)

The Authority may seek the assistance of members of the police, general security, or other police agencies in performing the tasks required to enforce this Law.

It may also seek the assistance of those with expertise in the issues related to its tasks who aren't Authority personnel. A decree for such shall be issued by the Secretary of the Committee.

 

Article (67)

The reports prepared by the Authority shall have the authority of reports issued by the Judicial Expertise and Research Centre.

 

Article (68)

The Authority shall submit an annual report on its activities to the Basic People's Congresses in which it lays out its observations and recommendations, states the procedures it undertook on the violations and excesses it discovered, and may present the violations apprehended, and the procedures it undertook with regard thereto through the various media.

Whenever required, it may submit a report to the concerned bodies on the matters and subjects discovered in its oversight activities and that it deems significant enough to require urgent review.

 

Article (69)

All of the current personnel of the General People's Committee for People's Oversight and Inspection shall be transferred to the Authority with the same terms as their previous position when this Law enters into force.

 

Article (70)

The implementing decisions and regulations issued and in force in accordance with the legislation implemented by the General People's Committee for Peoples' Oversight and Inspection shall remain in force until any amendments thereto or repeal thereof is issued.

 

Article (71)

The implementing regulations of this Law shall be issued by a decree from the Secretariat of the General People's Congress, based on a proposal from the General People's Committee for the People's Oversight and Inspection Authority.

 

Article (72)

Law No. (11) of 1425 FBP reorganising the People's Oversight, amended by Law No. (30) of 1369 FDP, Law No. (13) of 1371 FDP approving certain provisions on People's Oversight and Inspection and Cleansing shall be repealed, and any provision that conflicts with the provisions of this Law shall be repealed.

 

Article (73)

This Law shall come into force on the date of its issue, and shall be published in the Legal Register.

 

The General People's Congress – Libya

 

Issued in Sirte

3 Muharram

Corresponding to: 22 January 1375 FDP