Draft Law on Local Administration System

"Draft Law on Local Administration System"

Issued it

Public Policy Analysis and Human Rights Unit

Affiliate Foundation

, Maat for Peace, Development, and Human Rights

Under a project

The Universal Periodic Review as a Tool to Improve Public Policies during the Transition

May 3, 2016

 

“This release was implemented with the help of the European Union. The content of this publication is the responsibility of the Maat Foundation for Peace, Development and Human Rights and can in no way be considered a reflection of the vision of the European Union.

 

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Law No. ... for the year 2016

 

In the name of the people
President of the Republic
After reviewing the constitution:
And Law No. 43 of 1979 regarding local administration Law No. 84 of 1996 amending some provisions of the Local Administration Law promulgated by Law No. 43 of 1979


The following law has been decided:


Article one
The provisions of the attached law regarding the local administration system shall be enforced.

second subject
The provisions of the general regulations and regulatory decisions in effect on the date this law came into force shall continue to be enforced, provided that they do not conflict with the provisions of the attached law.

Article Three
The executive regulations of the accompanying law are issued by a decision of the Prime Minister within three months from the date of implementation of its provisions.

Article IV
Elections to form new local councils shall take place in accordance with the provisions of the attached law within five months of the implementation of the provisions of the attached law.

Fifth Article
This decision shall be published in the Official Gazette, and shall have the force of law, and shall be enforced from the following day from the date of its publication.

 

Local Administration System Law
The first Door
Basic regulations for local administration
Chapter 1
Units of local administration and their specializations

Article 1

Local administration units are governorates, centers, cities, neighborhoods, and villages, and each of them has a legal personality. These units are established, their scope is defined, their names changed and canceled as follows:

(A) Governorates:

By a decision of the President of the Republic after the approval of the House of Representatives, it is permissible for the province to be one city,

The one-city governorate shall have the resources and powers established for the governorate and the city.

(B) centers, cities and neighborhoods:

By a decision of the Prime Minister after the approval of the local council for the governorate, and the presentation of the Minister of Local Administration.
(C) Villages: By a decision of the competent governor based on the proposal of the local council of the relevant center, and the approval of the governorate council.

The scope of the local unit of a village may include a group of neighboring villages whose construction and determination of agricultural ownership is issued by a decision of the competent governor based on the proposal of the local council of the competent center and the approval of the local council of the governorate.
Article 2

The units of local administration, within the limits of the general policy and the state’s general plan, shall undertake the establishment and management of all public utilities within its jurisdiction.

Also, these units, each within their jurisdiction, assume all the functions that ministries assume in accordance with the laws and regulations in force.

 

Article 3

Each local administration unit shall have a local council formed of members to be elected by

Direct, secret, general election in accordance with the provisions of this law for a period of four years, and a candidate must not be less than twenty-one years of age, in contrast to other conditions specified by the law. Provided that a quarter of the seats are reserved for young people under the age of thirty-five years, and a quarter of the seats for women, provided that the representation of workers and farmers is not less than fifty percent of the total number of seats, and that these percentages include adequate representation of Christians and people with disabilities.

A local unit employee may not run for membership in the local council of the same unit unless he submits his resignation prior to candidacy

Creating a new unit of local administration units, amending its scope, or canceling it, does not prejudice the formation of any of the existing local councils until their term expires.


Article 4

The governorate is represented by its governor, and every other unit of local administration is represented by its head, before the judiciary and in the face of others.

Article 5

A decision by the President of the Republic, after the approval of the Council of Ministers and based on a proposal from the Supreme Council for Local Administration, may issue a special regulation for some cities of special importance aimed at developing them and advancing their facilities.


Chapter II

Local System Support Bodies

The Supreme Council for Local Administration

Article 6

A Higher Council for Local Administration shall be formed at the national level headed by the Prime Minister and the membership of governors, heads of local councils for the governorates, and the CEO of the National Authority for Supporting Local Units. The council meets at the invitation of its president periodically on the dates specified by the executive regulations and undertakes consideration of everything related to the local administration system. In terms of supporting and developing it, and proposing laws, regulations and decisions that have an impact on the local community, it is also concerned with discussing and approving proposals for a solution and presenting them to the President of the Republic.

 

Article 7

Formed The National Authority to Support Local Units At the national level, it functions as a technical secretariat for the Supreme Council of Local Administration, and has an executive head and a board of directors appointed by a decision by the President of the Republic, and it has an executive body with a sufficient number of researchers, experts, technicians and administrative staff, and the authority is concerned with the following: -

  • Monitor and evaluate the performance of local authorities.
  • Providing technical support to local authorities to help them accomplish their various tasks.
  • Coordination between local authorities and central ministries
  • Conducting studies and research related to developing local administration and raising the efficiency of local authorities
  • Managing a scientific institute for continuous training of officials of local authorities

 

Chapter III

Economic regions and regional planning bodies

Article 8

The Arab Republic of Egypt shall be divided into economic regions, each of which includes two governorates or more, and each region shall have a capital, in the manner prescribed by a decree issued by the President of the Republic.

 Article 9

In each economic region, a regional planning committee shall be established to be formed as follows:

  • The governor of the region, who has the presidency and rotates annually from among the governors of the governorates that make up the region
  • Heads of local councils for the provinces that make up the region

  • Chairman of the Regional Planning Commission - Secretary General of the Committee

  • Representatives of the relevant ministries, and for each of them a decision is issued by the Prime Minister.

This committee specializes in the following:

1 - Coordination between the plans of the governorates and approval of the priorities proposed by the Regional Planning Commission, which are mainly taken in developing alternatives to the regional plan, in light of the resources available locally and centrally.
2 - Examining the periodic reports to follow up the implementation of the plan and studying the amendments proposed by the Regional Planning Commission in the plan according to the circumstances facing its implementation, and the recommendations issued by the committee shall be presented to the Supreme Council of Local Administration.
Article 10

Each of the economic regions shall establish a regional planning commission that reports to the Minister of Planning, and it shall be issued to organize it and determine the relationship between it and the departments of planning and follow-up in the governorates by a decision of the Minister of Planning in agreement with the governor of the region.

 It specializes in the following:

1- Conducting the necessary research and studies to determine the natural and human capabilities and resources of the region, means of developing them and their optimal uses, and proposing the necessary projects for the economic and social development of the region.
2 - To prepare the necessary technical devices to carry out studies, research and planning work at the regional level.

The second chapter
Chapter 1
Local councils for provinces
The first branch is the formation of provincial local councils

Article 11

In each governorate, a local council shall be elected from eight members for each center or administrative department.

A city with a special character to be determined by a decision issued by the President of the Republic shall have a high local popular council formed according to the text of the first paragraph of this article, and it shall have all the powers established for the local council for the governorate stipulated in this law.

The election is through the absolute closed list provided that a quarter of the seats are reserved for young people under the age of thirty-five years, and a quarter of the number for women, provided that the percentage of workers and farmers representation is not less than fifty percent of the total number of seats and that these percentages include at least one Christian candidate and one candidate At least one of the persons with disabilities

Article 12

The governorate local council elects from among its members at the first meeting of the ordinary session and for the duration of this role a chairperson and two agents, provided that at least one of them is a worker or farmers.

In his absence, each of the two deputies shall be replaced by a rotation between them, and the presidency shall be for the oldest member if the president and the two attorneys are absent, and if the seat of one of them becomes vacant, the council elects a replacement until the end of its term.


The second branch

The competences of the provincial local councils

Article 13

The local council of the province, within the limits of the state’s general policy, shall supervise the various facilities and works that fall within the jurisdiction of the governorate in accordance with Article (2) of this law.

He may request, through the governor, any data related to the activities of other productive, economic and other units operating in the governorate department.

It also supervises the implementation and follow-up of plans for local development, as indicated by the law and the executive regulations.

Within the framework of the general plan and the approved budget, and taking into account the laws and regulations, the following shall be concerned with:

1- Approving the projects of economic and social development plans and the annual budget project for the governorate, following up their implementation, and approving the final account project.

2 - Defining and approving a plan for popular participation with the efforts and capabilities of self to help in local projects.
3 - Approval of public projects to meet the requirements of housing and construction and the proposal of urban planning and reconstruction projects.

4 - Approval of the establishment of facilities that are of public benefit to the governorate.

5- Approving the establishment of local productive projects, particularly those related to food security
6 - To propose to impose taxes of a local nature and to impose fees of a local nature - in accordance with the provisions of this law - or to amend them, shorten their validity period, exempt them, or cancel them after the approval of the Council of Ministers.
7 - Studying and preparing plans and programs for the quality and development of education, literacy and family care within the governorate, providing the necessary needs for this and following up on their implementation.

8 - Issue recommendations in proposals and plans related to the maintenance of the system and local security.

9 - Adoption of the general rules for the system for dealing with the public in the governorate in all fields.

10 - Proposing the establishment of free zones and joint investment companies with Arab or foreign capital, as well as carrying out joint projects with other governorates or with local units or other legal persons in the governorate, after the approval of the competent planning authorities and taking into account the provisions of the investment law.
11 - Undertaking the functions related to local councils projects within the governorate, which these councils are unable to undertake.

12 - Approving the representation of the Council in internal conferences and participating in seminars, discussions and studies conducted by the central authorities.

The local council may issue the necessary decisions to support its exercise of the competencies stipulated in this article.
The chairman of the council informs his decisions, recommendations and suggestions to the governor within fifteen days from the date of their issuance.

Article 14

The governorate local council shall have the following competence with regard to other local councils within the governorate and in accordance with the rules prescribed in this law and its executive regulations, with the following:

(A) Supervising and controlling the work and activities of these councils

(B) Approval of the councils' proposals to create or cancel local units within the governorate, or to change their names.

C - Settling disputes between the lower local councils and the local authorities, and the council chairman communicates the council’s decisions to the governor within fifteen days from the date of their issuance.

 

Article 15

The local council of the governorate may dispose of money from its fixed or movable funds or lease it with a nominal rent or less than the same wage, with the aim of achieving a purpose of public benefit, and that is if the disposal or lease is to a ministry, government department, public authority, or a public legal person or companies The public sector and private associations and institutions of public benefit.

Without prejudice to the provisions of the laws on foreign ownership of real estate, the Council may, after the approval of the Prime Minister, dispose of free of charge or rent with a nominal lease or less than the same wage for a private legal person or for a foreign entity within the limits of fifty thousand pounds per fiscal year and for a purpose of public benefit, and approval must be given. Council of Ministers beyond that.

In cases where the disposal or leasing is in accordance with the provisions of this article for a private legal person or for a foreign entity, the lease period should not exceed thirty years, which may be determined by a decision of the Council of Ministers, and the funds subject of the disposal or lease must remain dedicated to the purpose for which the disposal or lease was made If this purpose is removed for any reason or if the disposer or the tenant violates it at any time, the disposal or the lease contract is considered canceled on its own without the need for a court ruling or warning, and in this case the governorate recovers the money subject of the disposal or lease through the administrative way.

 

Article 16

The Governorate Local Council may, within the limits of the approved plan and budget, borrow to carry out productive or investment projects necessary for the governorate or local units within its scope, provided that the debt limit does not exceed 40 % of the annual total of the self-revenue of the governorate or of the local unit in which these projects arise.
It is not permissible to increase the aforementioned percentage or borrow from a foreign entity without the approval of the Prime Minister.

Article 17

The local council for the governorate, within the limits of the approved budget, may decide to provide financial, technical and administrative aid to bodies with social, charitable and scientific purposes in the area of its competence and to approve lending to cooperative societies and to assist them technically and administratively in order to enable them to carry out their functions.


Article 18

The local council of the governorate, in agreement with the governor, may decide to represent the beneficiaries in the administration and supervision of projects, agencies and units that are based on managing and conducting public projects and services in the governorate in the fields and according to the conditions and procedures specified by the executive regulations.

The regulation determines the conditions for selecting the representatives of the beneficiaries.

The representative of the beneficiaries is considered to be entrusted with a public service in implementing the provisions of the Penal Code, and he may not interfere in the administrative or executive workflow in the entities that represent the beneficiaries therein, nor may he receive any sums or obtain any benefits from these bodies or treat him with any special transaction in any Deal with it.

The local council of the governorate also expresses its opinion on the issues that the governor or the competent ministers would like to consult.

The governor shall present to the prime minister the wishes of the local council related to the general needs of the governorate, which cannot be implemented locally at the nearest meeting.

 


The third branch

Questions, requests for briefing, interrogation and withdrawal of confidence

Article 19

Every member of the local council may direct to the governor, one of his deputies, one of the ministries ’undersecretaries or their deputies, questions on any subject that falls within their competencies, and they must answer these questions in the same session. A member may withdraw the question at any time, and the question may not be transformed into an interpellation in the same session.

Article 20

Each member of the local council may submit an urgent briefing request or statement to the governor, one of his deputies, or one of the ministries ’undersecretaries, or their deputies, regarding urgent public matters of importance..


Article 21

Every member of the local council may direct an interrogation to the governor, one of his deputies, or one of the ministries' undersecretaries, or their deputies, to hold them accountable for the affairs that fall within their jurisdiction. The council discusses the interpellation after at least seven days from the date it was submitted, and a maximum of sixty days, except in cases of urgency it deems appropriate, and after the approval of the Supreme Council of Local Administration. The executive regulations shall regulate the procedures for withdrawing confidence


Fourth branch

Workflow system for provincial local councils

Article 22

The headquarters of the local council and its committees shall be held in the capital of the governorate, and the council shall be joined by the sufficient number of workers necessary for the proper functioning of the council. The president of the council shall supervise them and he has the authority of the minister for them.
The necessary funds are also included in the budget of the governorate annually to meet the expenses of the local council, and these funds are placed at the disposal of the head of the local council as he is the one in charge of spending.


Article 23

The regular session of the local council of the governorates is ten months at least.

The council shall hold a regular meeting at the seat prepared for it in the provincial capital at least once a month at the invitation of its chairman at the time he specifies.

The council may be called to an extraordinary meeting in case of necessity at the request of the council chairman, the governor, or one third of the council members.

With the exception of what has been stipulated in a special text, the council meeting is not valid except with the attendance of the majority of its members, and the decisions of the council in matters falling within its competencies are issued by the absolute majority of those present and when the votes are equal, the side of the chairman shall prevail.


Article 24

The governor or whoever replaces him attends - when necessary - the sessions of the local council, as well as the heads of departments and local units and heads of public bodies who have jurisdiction over the issues before the council.
Article 25

Members of the House of Representatives in the governorate may attend sessions of the governorate's local council and participate in their discussion, and they have the right to present suggestions, questions and requests for briefing without having a counted vote in making decisions.

Chapter II

Governors

Article 26

Each governorate shall have a governor whose appointment and removal from office shall be decided by a decision of the President of the Republic after the approval of the House of Representatives by a two-thirds majority of its members.

The governor may not be a member of the House of Representatives or local councils.

The governor is treated like a minister in terms of salary and pension, taking into account the laws governing wages.
The governor swears the following oath before the President of the Republic, before assuming the duties of his office:

“I swear by Almighty God that I sincerely preserve the republican system, respect the constitution and the law, fully care for the interests of the people, and safeguard the independence and territorial integrity of the country.” The governors are considered resigned by virtue of the law when the term of the President of the Republic ends. Carry out their duties until the new president of the republic appoints the neoconservatives, in addition, in a legislative vacuum, the president of the republic will appoint until the assembly convenes.

 

Article 27

The governor is considered a representative of the executive authority in the governorate and supervises the implementation of the general policy of the state and of the service and production facilities within the governorate.

He shall be responsible for ensuring food security, raising the efficiency of agricultural and industrial production and promoting it, and he shall take all necessary measures to achieve this within the limits of laws and regulations.

He shall also be responsible for security, morals and public values in the governorate, assisted by the Director of Security in this within the framework of the policy set by the Minister of Interior, and the Director of Security shall discuss with the governor the plans for maintaining the security of the governorate for approval, and the Director of Security shall promptly notify him of incidents of special importance to take the necessary measures in this regard. Concerning by agreement between them.

The governor has the right to take all necessary measures to protect the state’s public and private property and to remove any encroachments on it through the administrative path.

 

 


Article 28

With regard to all public utilities that fall within the jurisdiction of local administration units in accordance with the provisions of this law, the governor shall assume all the executive powers and competencies established for the ministers in accordance with laws and regulations, and the governor in his area of competence shall be the head of all local agencies and facilities.

The governor has the authority assigned to the minister with regard to the decisions issued by the boards of directors of public bodies that undertake public services facilities within the governorate.

He supervises the national facilities in the governorate department, as well as all branches of ministries that have not transferred their competencies to local units, except for the judicial bodies and their auxiliaries, by making observations and proposing the necessary solutions in the matter of production and good performance, and for all utilities, he takes appropriate measures to protect their security.


Article 29

The governor works to support cooperation between the governorate authorities, universities and higher institutes located in the governorate department to serve the environment and promote the local community.

Colleges and higher institutes are established by agreement between the governor, the relevant university council, the supreme council of universities and the minister concerned with higher education, provided that the governor and the university president are responsible for university security, as indicated by the executive regulations.


Article 30

The governor shall be the head of all civil servants within the governorate in the regions whose competencies have been transferred to the local units, and he shall exercise for them all the powers of the minister.

With regard to civil servants in branches of ministries and agencies that have not transferred their jurisdiction to local units, with the exception of the judicial bodies and their auxiliaries, the governor shall have the following duties:

(A) To propose the transfer of any worker from the governorate if it appears that his presence there is not compatible with the public interest.

(B) To express an opinion on the promotion and transfer of employees in the governorate before the decision is issued by the competent authority.
(C) Referral to investigation and disciplinary sanctions within the limits established for the Ministry.

(D) To request the investigation of employees of the public authorities that carry out their activities within the governorate, and to suggest that disciplinary sanctions be imposed on them by the competent authority.

The governor must inform the competent authority of the procedure he has taken or issued in the previous cases within seven days from the date on which he took them.

Every minister who has not transferred the responsibilities of their ministry to the local units may delegate the governor in some of his powers.

Article 31

The governor may, after the approval of the governorate's local council and within the limits of the general rules laid down by the Council of Ministers, decide the rules for disposing of lands prepared for construction owned by the state and local administration units within the province and the rules for disposing of cultivable lands within the control and adjacent lands extending for a distance of two kilometers that the governorate reclaims. After taking the opinion of the Ministry of Agriculture and Land Reclamation, given that priority in this behavior is given to the people of the governorate residing in it working in its district, and these rules may regulate cases in which these lands are disposed of without charge for the purposes of reconstruction, housing, agriculture, land reclamation and preparing them for agriculture.

With regard to lands falling out of control, their reclamation shall be according to a national plan to be implemented by the Ministry of Land Reclamation and the bodies that define it in coordination with the competent governorate, and the disposal of these lands and the determination of the governorate’s share in its value shall be in accordance with the provisions, rules and procedures stipulated in the laws and regulations in force in this regard.


Article 32

The governor shall have the competencies of the competent minister, as well as the powers of the minister of finance stipulated in the regulations, in financial and administrative matters for the facilities that have been transferred to the local units and their agencies and budgets, in a manner that does not contradict the general visas accompanying the law linking the state’s general budget.

Article 33

The governor shall be responsible before the Prime Minister and the local council for the governorate for carrying out his functions stipulated in this law, and he is obligated to submit periodic reports to the Supreme Council of Local Administration on the results of work in the various activities that the governorate practices and any issues that need coordination with other governorates or the relevant ministries, provided that That the Supreme Council of Local Administration present to the Prime Minister a periodic report on the results of business in the various governorates, after studying the periodic reports submitted to it by the governors.

The Prime Minister may hold joint periodic meetings between ministers and governors to discuss means of supporting cooperation and coordination between ministries and governorates and exchange views on the method of overcoming obstacles that may hinder the activities of local administration units.
Article 34

The governor may have one or more deputies, whose appointment and removal from office is decided by the President of the Republic with the approval of the House of Representatives by the majority of attendees.

The deputy governor may not be a member of the House of Representatives or local councils.

The deputy governor treats him like a deputy minister in terms of salary and pension.

The Deputy Governor swears the oath before the President of the Republic before assuming the duties of his position stipulated in Article 26 of this Law.

The Deputy Governor shall carry out his work under the supervision and direction of the Governor.

The deputies of the governor are considered resigned by virtue of the law upon the expiration of the presidency.

This does not result in the forfeiture of their right to a pension or bonus, and they will continue to carry out their duties until the new president of the republic appoints the new deputies for the governors.

Each governorate shall have a general secretary who has the powers and competencies of the deputy minister in financial and administrative matters stipulated in the laws and regulations regarding the province’s general office.

Each governorate shall have an assistant general secretary who assists the general secretary, and takes his place in his absence.
It is not permissible for any of the occupants of the previous positions to be a member of the local councils.
Article 35

The governor may delegate some of his powers and competencies to his deputies or to the secretary general of the governorate, the assistant general secretary, or to the heads of departments or heads of other local units.
Article 36

In each governorate, an executive council is formed under the chairmanship of the governor and with membership:

1- Deputies of the Governor

2 - Heads of centers, cities and neighborhoods, heads of departments, agencies and public bodies within the governorate that are specified by the executive regulations

3 - A general secretary of the province, who is secretary of the council.

This council meets at the invitation of the governor at least once a month at the place he specifies.
Article 37

The Governorate Executive Council undertakes the following specializations:

(A) Follow up the work undertaken by the executive bodies of the governorate and assess the level of performance and good completion of projects and services at the governorate level.

(B) Preparing the governorate's draft budget and proposing the distribution of funds allocated for investments - after their approval - to local units.

(C) Assist the governor in developing the necessary administrative and financial plans for the governorate’s affairs and to implement the decisions and recommendations issued by the local council into effect.

(D) Setting the rules that ensure the proper functioning of the administrative and executive bodies in the governorate.
(E) Setting general rules for managing, investing and disposing of the governorate’s lands and properties.

(F) Setting the rules for housing projects and urban planning.

(G) To study and express opinion on the issues that will be presented to the provincial local council in terms of technical, administrative and legal aspects.

(H) Study and express opinion on investment issues that the governorate undertakes.

(I) Study and research what the governor or local council refers to him.

 

Article 38

The Governor may invite members of the House of Representatives in the governorate to a meeting in which the members of the Executive Council or some of them participate, in order to discuss the method of achieving economic and social development in the governorate, implement plans and programs related to this matter, and to exchange views on the issues raised, and half of the members of the House of Representatives in the governorate have the right to call for this meeting.


Article 39

The most senior deputies of the governor, according to their seniority order, replace the governor in the event of his absence, and in their absence, the most senior department heads replace the governor, and whoever replaces the governor assumes all his responsibilities.
In the event of a vacancy in the position, the President of the Republic must appoint a new governor within thirty days

 

Chapter III
Provincial financial resources

Article 40

The governorates resources include the following:

First: Shared resources with other governorates, including the following:

(A) The share of the governorate in licensing internal transportation between roads and villages

(B) The governorate’s share in the additional tax on the movable value tax and the commercial and industrial profits tax.

The governorate is concerned with half of the proceeds of this tax, and the other half is deposited in the balance of joint resources.
And if the headquarters of a facility differs from its actual activity center, the local council shall be competent

The governorate in whose jurisdiction the center of actual activity is to impose the additional tax. This governorate shall keep half of the proceeds of this tax, and the other half shall be deposited in the balance of joint resources.

A decision is issued by the Supreme Council of Local Administration to distribute the proceeds of the shared resources to the various governorates.
Second: Resources for the governorate, which include the following:

(A) A quarter of the proceeds from the original tax on lands in the governorate, as well as a quarter of the proceeds of the additional tax on land tax in the governorate.

(B) Taxes and fees for cars, motorcycles, and motorcycles, vehicles, bicycles, and means of transport licensed by the governorate.

(C) The proceeds of the investment of the governorate’s funds and the revenues of the facilities it manages.

(D) Taxes and other fees of a local nature that are imposed in the interest of the governorate.

(E) Government subsidies.

(F) Donations, gifts and bequests, subject to the approval of the Prime Minister to accept the bodies received from them

Or foreign people.

The local council shall distribute part of its resources referred to in clauses (a, b) of (second) to the local units within the scope of its competence, in the proportion it decides, taking into account the conditions and needs of each unit.

Article 41

An account is created in each governorate for the purposes of land reclamation at the governorate level. Its resources consist of the proceeds of the disposal of agricultural and reclaimed lands referred to in Article (28) of this law.

A special account will also be created in the governorate to finance economic housing projects at the governorate level.

Its resources consist of:

1- Proceeds from disposing of the lands intended for construction referred to in Article (28) of this Law.

2 - Proceeds from subscribing to housing bonds referred to in Articles 4, 5 and 6 of Law No. 107 of 1976 establishing the Economic Housing Projects Fund.

3 - The proceeds of the usage fee paid in cases of exemption from height restrictions in accordance with the provisions of the Law on Directing and Organizing Building Works at the governorate level, as well as the proceeds of the fines imposed by the Building Law at the governorate level.

4 - The amounts allocated for the purposes of economic housing in the governorates in the agreements concluded by the state.

5 - Proceeds of rent and installments of ownership of housing owned by the governorate.

6- Loans.

7 - Subsidies, donations, gifts and bequests.

The resources of each of the aforementioned accounts are considered to be the governorate’s own resources. The surplus of both accounts shall be transferred at the end of each fiscal year to the next year's budget.

The rules and management of each of these two accounts and the rules for disbursement from them are regulated by a decision of the Council of Ministers, as determined by a decision issued by him in agreement with the Minister of Economy, to which insurance companies are obligated to subscribe to housing bonds.


Article 42

The governorate local council creates an account for services and local development whose resources consist of:

1 - Fees charged by the local council of the governorate for this account

2 - Donations, grants and bequests that the local council approves to maintain allocate them to this account

3 - 50 % from the increase in local resources to maintain over the link estimated in the budget


Article 43

The resources of the services and development account in the governorate shall be used according to the decision of the governorate local council for the following purposes:

1- Financing productive projects and local services according to a local plan that is distributed and approved within the framework of the state's general plan.

2 - Completing the projects mentioned in the general plan for which the financial allocations included in the governorate budget are not sufficient for their completion and the establishment of projects that are established by self-efforts.

3 - Raise the level of performance of local public services.

4- Spending on urgent vital public services.

A decision to regulate the services and development account shall be issued by the competent governor.

The funds of this account are treated as public funds, particularly with regard to the application of the penal code and with regard to collection, disbursement and control. The surplus of this account does not go to the public treasury.

 

Chapter Three
Centers
Chapter 1
Local councils of centers

Article 44

In each center a local council is formed in which the city of the center is represented by three members, and the city that includes more than one administrative department is represented by six members, taking into account the representation of all the administrative departments that make up the city.
The rest of the local units within the center are represented by three members from each unit

The election is through the absolute closed list provided that a quarter of the seats are reserved for young people under the age of thirty-five years, and a quarter of the number for women, provided that the percentage of workers and farmers representation is not less than fifty percent of the total number of seats and that these percentages include at least one Christian candidate and one candidate At least one of the persons with disabilities.
Article 45

The local council elects from among its members at the first meeting of its regular session and for the duration of this role a chairman and a deputy for it, provided that at least one of them is a worker or farmers.

The agent replaces the speaker in his absence, and if the president and deputy are absent, the presidency is for the oldest member.
If the seat of one of them becomes vacant, the Council will elect a replacement until the end of its term.


Article 46

Within the scope of the governorate’s general policy, the local council of the center shall supervise and supervise the work of the local councils of cities and villages within the scope of the center and ratify their decisions within the limits determined by the executive regulations.

It also supervises the various facilities of a local character that serve more than one local unit within the scope of the center and specializes within the limits of laws and regulations with the following:

1- Approving the center’s draft plan and annual budget, following up its implementation, and approving the final account project.

2 - Defining and approving a plan to participate with efforts and self-capabilities at the center's level in local projects and follow up on their implementation.

3 - To propose the establishment of various facilities for the public benefit of the center.

4 - Defining and approving the general rules for the management, use and disposal of the Center's properties.

5 - Approval of the general rules to regulate the interaction of the center’s agencies with the public in all fields.

6 - Approval of the rules necessary to organize the local public facilities in the center and raise the efficiency of work in them.

7 - Proposing plans to raise productivity.

 

Article 47

The local council of the center, after the approval of the governor, may dispose of free of charge money from the center’s fixed or movable funds or lease it with a nominal lease or less than the same wage with the aim of achieving a purpose of public benefit if the disposal is for one of the ministries, government departments, public bodies, public sector companies, associations and institutions Of public interest.

Taking into account the provisions of the third paragraph of Article (14) of this law and without prejudice to the provisions of laws related to foreign ownership of real estate.

The council may not dispose of free of charge or lease with a nominal lease or less than the same wage for a private legal person or for a foreign entity except for a purpose of public benefit and with the approval of the Supreme Council of Local Administration if this is within the limits of twenty thousand pounds per fiscal year and with the approval of the Prime Minister in more than That, in a way that does not exceed fifty thousand pounds, and the approval of the Council of Ministers is required in what exceeds that.

 

Questions, requests for briefing, interrogation and withdrawal of confidence

Article 48

Every member of the local council may direct questions to the head of the center, one of his deputies, one of the directors of departments, or their deputies on any subject that falls within their competencies, and they must answer these questions in the same session. A member may withdraw the question at any time, and the question may not be transformed into an interpellation in the same session.

 

Article 49

Every member of the local council may submit an urgent briefing request or statement to the head of the center, one of his deputies, one of the department managers, or their deputies, in urgent public matters of importance.


Article 50

Every member of the local council may direct the questioning of the head of the center, one of his deputies, one of the directors of departments, or their deputies, to hold them accountable for the affairs that fall within their competencies. The council discusses the interpellation after at least seven days from the date of its submission, and a maximum of sixty days, except in cases of urgency it deems appropriate, and after the approval of the Supreme Council of Local Administration. The executive regulations regulate the procedures for withdrawal of confidence

 


Chapter II
The financial resources of the center

Article 51

The center's resources include the following:

1 - The resources that the council allocates to the governorate for the benefit of the center

2- The proceeds of the investment of the center’s funds and the revenues of the facilities it manages

3 - Government subsidy

4- Donations, gifts and bequests, subject to the approval of the Prime Minister to accept what is received from them from foreign bodies or persons

5- Loans concluded by the Board.

The local council of the center establishes an account for the services and development of the center, and a decision is issued by the governor to organize this account. The funds of this account are considered public funds, especially with regard to the application of the penal code and with regard to collection, disbursement and control, and the surplus of this account is not transferred to the public treasury.

 

Chapter III
Head of the center

Article 52

Each center shall have a head who is the head of the city, the capital of the center, chosen by the prime minister, and it shall have the powers of the deputy minister and the head of the department in financial and administrative matters in relation to the center’s bodies and budget, as indicated by the executive regulations.

A decision by the governor may appoint a deputy to the head of the center, and the head of the center may delegate him in some of its functions.
The vice president of the center replaces the center’s president in his absence, and in the event of their absence, the center’s warden replaces the center’s president, and the one who replaces the center’s president undertakes all of his specializations.

The head of the center takes the oath set forth in Article (26) of this law before the center’s local council.


Article 53

In each center, an executive council is formed under the chairmanship of the head of the center and the membership of each of:

1- Managers of the services and production departments of the center who are determined by the executive regulations and the heads of cities and villages falling within its scope

2- The secretary of the center, who is the secretary of the committee

This council meets at the invitation of its president at least once every two weeks in the place it specifies.


Article 54

The Executive Council is responsible for assisting the head of the center in developing the necessary administrative and financial plans for the center’s affairs and for implementing the decisions of the center’s local council. It also undertakes the following:

1 - Providing cities and villages with the administrative and technical apparatus they need to carry out their functions

2 - Providing financial aid to cities and villages that lack their own resources to meet their needs and within the limits decided by the local council of the center

3 - Executing projects that cities and villages are unable to implement

4 - Studying and proposing to undertake joint projects that serve more than one local unit in the center's department

5- Coordination between cities and villages projects according to the directives and evaluation of the local council of the center

6 - Follow up the work undertaken by the executive bodies of the center and assess the level of performance and good completion of projects and services at the center's level

7 - Preparing the center's draft budget and proposing the distribution of funds allocated for investments - after approval - to the various local units

This council shall also undertake the functions stipulated in Article (33) paragraphs d, g, h, and i at the center level.

Chapter IV
the cities
Chapter 1
City councils

Article 55

In every city a local council is formed in which each administrative department is represented by six members, and the city with one division is represented by twelve members.


Article 56

The local council elects from among its members at the first meeting of its regular session and for the duration of this role a president and a representative

He has the condition that at least one of them is a worker or peasant, and the representative replaces the council chairman in his absence, and if the president and the agent are absent, the presidency is for the oldest member.

If the seat of one of them becomes vacant, the Council will elect a replacement until the end of its term.
Article 57

Within the scope of the center’s general policy, the city’s local council shall supervise and supervise neighborhood councils, coordinate between them, and supervise the various facilities of a local character within the city’s boundaries. Within the limits of laws and regulations, it is concerned with matters stipulated in Clauses (1-7) of Article (41) at the city level.

Article 58

The city council may, after the approval of the governor, dispose of free of charge money from the city’s fixed or movable money or rent it with a nominal lease or less than the same wage with the aim of achieving a purpose of public benefit if the disposal is for one of the ministries, government departments, public bodies, public sector companies or associations And private institutions of public benefit.

Subject to the provisions of the third paragraph of Article (14) of this law and without prejudice to the provisions of the laws related to the ownership of real estate by foreigners, the Council may not dispose of it for free or rent with a nominal lease or less than the same wage for a private legal person or for a foreign entity except for a purpose of public benefit and with the approval of the Supreme Council For the local administration if it is within the limits of twenty thousand pounds in one fiscal year and with the approval of the Prime Minister in what is in excess of that and in a manner that does not exceed fifty thousand Egyptian pounds, and the approval of the Council of Ministers shall be required in what exceeds that.

 

Questions, requests for briefing, interrogation and withdrawal of confidence

Article 59
Every member of the local council may direct to the city president, one of his deputies, one of the unit managers, or their deputies, questions on any subject that falls within their competencies, and they must answer these questions in the same session. A member may withdraw the question at any time, and the question may not be transformed into an interpellation in the same session.

 

Article 60

Every member of the local council may submit an urgent briefing request or statement to the city president, one of his deputies, one of the unit managers, or their deputies, in urgent public matters of importance.

 

Article 61

Each member of the local council may direct the questioning of the city president, one of his deputies, one of the unit managers, or their deputies, to hold them accountable for the affairs that fall within their competencies. The council discusses the interpellation after at least seven days from the date of its submission, and a maximum of sixty days, except in cases of urgency it deems appropriate, and after the approval of the Supreme Council of Local Administration. The executive regulations regulate the procedures for withdrawal of confidence


Chapter II
City financial resources

Article 62

The city’s resources include:

First: The tax revenue on the built real estate located in the area of the council’s jurisdiction and the additional taxes imposed on it, with the exception of taxes allocated for national purposes according to law.

Second: The outcome of the amusement park and betting taxes imposed in the city district.

Third: 75 % from the proceeds of the original tax assessed on the lands located in the jurisdiction of the city and 75 % from the proceeds of the additional tax assessed on these lands.

Fourth: The resources allocated to the governorate by the local council for the benefit of the city from the resources allocated to the governorate

Fifth: The proceeds of the improvement imposed on the real estate that benefited from the works of public benefit in the categories and in accordance with the rules established in the private law to impose a consideration for an improvement on real estate that undergoes improvement due to works of public benefit.

Sixth: The fees imposed by the city council within its scope within the limits of the laws and regulations as follows:

1 - Extracts of births record and health procedures

2- Licenses for quarries, mines and fishing licenses

3 - Organizing works, sewers, road works and public parks

4 - Public premises, clubs, and industrial and commercial establishments

5 - Commercial boats, fishing and picnic boats, Maadi Nile, and all kinds of floats

6 - What is slaughtered in public slaughterhouses or the points used for that

7- Markets licensed to manage them for private persons

8 - Consumption of water, electric current and gas within the limits of % of the consumption value if the council does not undertake the exploitation of these facilities by itself

9 - Utilizing or exploiting beaches and coasts

10 - Rents paid by occupants of constructed real estate subject to building tax up to 4% at most of their rental value, taking into account the provisions of the law governing the relationship between the lessor and the tenant. Built real estate.

Seventh: The fee imposed by the Council for the exploitation or utilization of public facilities belonging to the city or managed by the executive bodies therein, or for the use and exploitation of public properties managed by the city.
Eighth: The government proceeds within the city from the rent of buildings and building lands and space included in its private properties.
Ninth: Revenues from the investment of the city’s funds and the facilities it takes over, as well as revenues from public markets within its jurisdiction.
Tenth: Government subsidies, donations, bequests, and grants, provided that the Prime Minister approves the acceptance of what is received from them from foreign bodies or persons.

Eleventh: Loans concluded by the Board.


Article 63

Exemption from the fees stipulated in Clause (10 Six) of the previous Article:

1 - Real estate occupied by ministries, departments, public authorities and local councils for local units, associations and private institutions declared in accordance with the law

2 - Real estate exempt from tax on built real estate

3- Real estate owned by foreign countries on condition of reciprocity

 

Article 64

The council’s decision regarding imposing the fees stipulated in Article 51 shall not be enforceable except after the approval of the local council of the center and the governor.

The governor may request the council to decide or amend a specific local fee to enable it to carry out its business in the interest of local benefit. He may also request the council to cancel the fee, amend it, or shorten its validity period if he believes that its survival is inconsistent with the economic or financial policy of the state.

If, in the aforementioned cases, the council refuses to respond to the request, the matter shall be presented to the local council of the governorate, and it shall decide what it deems necessary. If the dispute continues, the matter shall be referred to the Council of Ministers, and its decision in this regard shall be final.

Article 65

The city’s local council establishes an account for services and development for the city, and a decision is issued to organize this account by the governor. The funds of this account are public funds, particularly in relation to the application of the penal code and with regard to collection, disbursement and control, and the surplus of this account shall be transferred to the public treasury.
Chapter III
City chief

Article 66

Each city shall have a president who has the powers of the undersecretary and head of the department in financial and administrative matters in relation to the city’s bodies and budget, as indicated by the executive regulations, and the oath set forth in Article 26 shall be sworn before the city council before it begins its work.


Article 67

In each city, an executive council is formed headed by the city president and with the membership of:

1- Managers of services and production departments in the city who are specified by the executive regulations

2- The city secretary, who is secretary of the council

This council meets at the invitation of its president at least once every two weeks in the place he specifies, and in the absence of the president, he shall be replaced by the head of the center.


Article 68

The Executive Council assists the city president in developing the necessary administrative and financial plans for the city’s affairs and for implementing the decisions of the city’s local council.

It also studies and researches what the local council or the city president may refer, and the council in particular undertakes the following within the limits of laws and regulations:

1 - Follow up on the work undertaken by the city’s executive bodies and assess the level of performance and good completion of projects and services at the city level

2- Preparing the city budget project and proposing the distribution of funds allocated for investments - after their approval -

To various neighborhood projects

3- Monitor the collection of city resources of whatever kind

4- Helping local utilities, establishments and devices

5 - Participating with another local unit in establishing or managing businesses or facilities for the account of the two units, after the approval of the city council

6 - Setting the rules that ensure the proper functioning of the administrative and executive bodies in the city

7 - Exercise the functions stipulated in Article 33, paragraphs g, h, and i at the city level


Chapter Five
Biology
Chapter 1
Local councils of neighborhoods

Article 69

The governorate with one city or major cities may be divided into neighborhoods.

Article 70

In every neighborhood, a local council is formed in which each administrative department is represented by six members, and the district local council, which includes one administrative division, is formed of eight members.


Article 71

The local council elects from among its members at the first meeting of its regular session and for the duration of this role a chairman and a deputy for it, provided that at least one of them is a worker or farmers.

The agent replaces the president in his absence, and if the president and deputy are absent, the presidency is for the oldest member.
If the seat of one of them becomes vacant, the Council will elect a replacement until the end of its term.


Article 72

Within the scope of the general policy of the city, the local council shall supervise and supervise the various facilities of a local character within the scope of the neighborhood and shall have jurisdiction, within the limits of laws and regulations, of matters stipulated in Clauses (1-7) of Article (46) at the district level.


Article 73

Each district of the city within its jurisdiction shall collect the resources stipulated in Article 56 for the city’s account, with the exception of resources that the city’s local council decides to collect directly through other city’s agencies or through the competent government agencies.

The city council determines the funds that cover the expenses of each neighborhood.

 

Questions, requests for briefing, interrogation and withdrawal of confidence

Article 74
Each member of the local council may direct questions to the head of the neighborhood, one of his deputies, one of the directors of departments, or their deputies on any topic that falls within their competencies, and they must answer these questions in the same session. A member may withdraw the question at any time, and the question may not be transformed into an interpellation in the same session.

Article 75

Every member of the local council may submit an urgent briefing request or statement to the district president, one of his deputies, one of the department managers, or their deputies, in urgent public matters of importance.


Article 76

Every member of the local council may direct the questioning of the district chief, one of his deputies, one of the department managers, or their deputies, to hold them accountable for the affairs that fall within their competencies. The council discusses the interpellation after at least seven days from the date of its submission, and a maximum of sixty days, except in cases of urgency it deems appropriate, and after the approval of the Supreme Council of Local Administration. The executive regulations regulate the procedures for withdrawal of confidence

 

Chapter II
District chief

Article 77

Each neighborhood has a president and has the powers of the deputy minister and head of the department in financial and administrative matters, and the head of the neighborhood, before starting his work, swears the oath set forth in Article (26) before the local council of the neighborhood.


Article 78

In each neighborhood, an executive council is formed, headed by the head of the neighborhood, with the membership of each:

1 - Heads of the executive bodies within the neighborhood specified by the executive regulations

2 - The secretary of the neighborhood, who is the secretary of the committee

This council meets at the invitation of its president at least once every two weeks in the place he specifies, and in the absence of the president, the most senior heads of the executive bodies take his place.


Article 79

The Executive Council assists the neighborhood president in setting the necessary administrative and financial plans for the neighborhood’s affairs.
It also studies and researches what the local council or the head of the neighborhood may refer to it, and the council in particular undertakes the following within the limits of laws and regulations:

1 - Monitoring the collection of resources stipulated in Article 56

2 - Setting the rules that ensure the proper functioning of the administrative and executive bodies in the district.

3 - Exercising the functions stipulated in Article (37) paragraphs g, h, and i at the neighborhood level.

4 - Follow up on the work undertaken by the executive bodies of the district and assess the level of performance and good completion of projects and services at the district level.

5 - Proposing the funds to be allocated for investments at the neighborhood level.

 

Chapter Six
Villages
Chapter 1
Village local councils

Article 80

In every village represented by a local unit, a local council of sixteen members is formed.

If the scope of a village’s local unit includes a group of neighboring villages, the village in which the council’s headquarters are located shall be represented by at least two members, and the rest of the villages by at least one member for each.

The election is through the absolute closed list provided that a quarter of the seats are reserved for young people under the age of thirty-five years, and a quarter of the number for women, provided that the percentage of workers and farmers representation is not less than fifty percent of the total number of seats and that these percentages include at least one Christian candidate and one candidate At least one of the persons with disabilities

 

Article 81

The local council elects from among its members at the first meeting of its regular session and for the duration of this role a chairman and a deputy for it, provided that at least one of them is a worker or farmers.

The agent replaces the council president in his absence, and if the president and deputy are absent, the presidency is for the oldest member, and if the seat of one of them becomes vacant, the council elects a replacement for him until the end of its term.


Article 82

Within the scope of the general policy of the center, the village local council shall supervise the various facilities of a local character within its scope and shall have jurisdiction within the limits of laws and regulations with the following:

1- Proposing a plan for the economic, social and urban development of the village

2- Proposing the draft budget. And the approval of the final account project

3 - Proposing means of popular participation with efforts and self-capabilities within the village to raise its level

4- Working to spread agricultural awareness in order to achieve improvement and diversification of agricultural production

5 - Proposing the establishment of various public facilities in the village

6- Working on literacy, family planning, youth care, and deepening religious and moral values

 

Questions, requests for briefing, interrogation and withdrawal of confidence

Article 83
Every member of the local council may direct to the village chief, one of his deputies, one of the unit managers, or their deputies, questions on any subject that falls within their competencies, and they must answer these questions in the same session. A member may withdraw the question at any time, and the question may not be transformed into an interpellation in the same session.

 


Article 84

Every member of the local council may submit an urgent briefing request or statement to the village chief, one of his deputies, one of the unit managers, or their deputies, in urgent public matters of importance.


Article 85

Every member of the local council may direct the questioning of the village chief, one of his deputies, one of the unit managers, or their deputies, to hold them accountable for the affairs that fall within their jurisdiction. The council discusses the interpellation after at least seven days from the date it was submitted, and a maximum of sixty days, except in cases of urgency it deems appropriate, and after the approval of the Supreme Council of Local Administration. The executive regulations shall regulate the procedures for withdrawing confidence

 

Chapter II
Village financial resources

Article 86

Village resources include the following:

1 - 75 % from the proceeds of the original tax assessed on lands located within the village area and 75 % from the proceeds of the additional tax assessed on these lands.

2 - The outcome of the entertainment tax imposed within the village.

3 - The sources of village funds and the facilities that they manage.

4- What the governorate local council allocates from the governorate's resources for the benefit of the village.

5- Government subsidies.

6- Donations, grants and bequests, subject to the approval of the Prime Minister to accept what is received from them from foreign bodies or persons.

7 - Loans concluded by the Board.


Article 87

In each village, a special account for services and local development is created in each village, the resources of which consist of:

1 - 75 % from the proceeds of the fees imposed in accordance with the provisions of Article (37) collected within the village.

2 - Project funds that are managed on the basis of the revolving capital within the village.

3- The fee for owning buildings within the village that the services account will construct.

4- Rents of residential buildings and facilities that the services account will construct.

5- The share of social services from the profits of agricultural cooperative societies within the village.

6 - Subsidies, donations, grants and wills that the village local council approves of.
Article 88

The resources of the services and local development account of the village shall be used according to the decision of the village local council for the following purposes:

1- Financing productive projects and local services according to a local plan to be drawn up and approved by the local governorate council within the framework of the state’s general plan.

2 - Completing the projects mentioned in the general plan for which the appropriations allocated to it in the village budget are not sufficient for its completion and the establishment of projects that are carried out by self-efforts according to the priorities proposed by the village local council and approved by the governorate local council.

3 - Raise the level of performance of local services.

A decision to organize this account shall be issued by the governor, and the funds of this account shall be treated as public funds, in particular with regard to the application of the Penal Code and with regard to collection, disbursement and control, and the surplus funds of this account shall not be transferred to the public treasury.

 

Chapter III
Village chief

Article 89

Each village shall have a president who has the authority of the head of the authority in financial and administrative matters in relation to the village’s budget and apparatus, and the president, before taking on his duties, takes the oath set forth in Article (26) before the village local council.

Article 90

In every village, an executive council is formed under the chairmanship of the village chief with the membership of:

1- Heads of the executive bodies of the village department who are specified by the executive regulations

2- The village secretary, who is secretary of the committee.

This council meets at the invitation of its president at least once every two weeks in the place that he specifies, and in the absence of the president, he shall be replaced by the most senior heads of the executive bodies in the village.


Article 91  

The Executive Council is concerned with assisting the village chief in setting the necessary administrative and financial plans for village affairs.

To implement the decisions and recommendations of the village local council.

It also studies and researches what the local council or the village chief may refer to him.

In particular, the Council shall undertake, within the limits of laws and regulations, the following:

1 - Monitoring the collection of village resources of whatever kind

2- Helping local utilities, establishments and devices

3 - Setting the rules that ensure the proper functioning of the administrative and executive bodies in the village

4 - Discussing the village’s needs in terms of facilities, services and projects necessary for the economic, social and urban development of the village.


Seventh
General provisions for local councils
Chapter 1
Local council membership

 

Article 92

Whoever nominates a member of the local councils must:

1 - He must possess the nationality of the Arab Republic of Egypt

2 - To be at least 21 full years old on the day of the election

3 - To be registered in the electoral tables of the independent commission supervising the elections

4 - He must have at least a certificate of completion of basic education

5 - He must have performed compulsory military service, exempted from it, or he has been postponed according to the law

It is not permissible for members of the armed forces, the police, or members of the judiciary to run for membership in local councils before submitting their resignations from their posts.

Also, mayors, sheikhs, heads of local units, directors of departments, or heads of executive bodies within the scope of these units may not nominate members of local councils for local units that fall within the scope of their functions before submitting their resignation from them.

Subject to the rules governing the resignation of the armed forces and the police, the resignations referred to in the two previous paragraphs are considered acceptable as soon as they are submitted.


Article 93

The election of members of local councils at all levels shall be by direct, general secret ballot.
Each electoral list shall be assigned a symbol in which a decision is issued by the independent commission supervising the elections
And the voter has to express his opinion by choosing the number to be elected. All votes suspended on a condition, or given to more than the required number, or less than half the number, or if the voter proves his opinion on a card other than the one handed to him by the committee chairman, or on a paper with the voter's signature or any other sign or sign indicating it is considered invalid.

 

Article 94

The independent commission supervising the elections manages the electoral process, and the executive regulations set the organizing rules, and the commission may issue whatever decisions it wants to organize the process in a manner that does not contradict the law and its executive regulations and the provisions of the Law on the Exercise of Political Rights.

 

Article 95

It is not permissible for anyone to nominate himself in more than one local unit, unless he is considered a candidate in the unit in which he first registered his candidacy.

Article 96

Every list has the right to waive the nomination by announcing in the hand of the minutes, or by requesting it to the independent commission supervising the elections at least seven days before the day of the election, and if the assignment is made after this date, it is proven before the name of the list in the list of candidates in the local unit if it was registered. The assignment shall be posted on the day of the election at the door of the headquarters of the Electoral Commission and its subcommittees.
Article 97

Subject to the provisions of this law and its executive regulations, the election process for local council membership shall be conducted in accordance with the rules and procedures stipulated in Law No. 45 of 2014, as amended by Decree Law No. 92 of 2015 Regulating the Exercise of Political Rights, and the voters whose names are registered in the electoral tables of the local unit that are being held participate in the election. In which .

The independent commission supervising the elections announces the election results and the governor calls the elected local councils to a meeting.

In all cases, these councils must meet within thirty days from the date of announcing the election result.

Article 98

A member of the local council takes the oath in front of the council before undertaking the membership tasks mentioned in Article 26 of this law.

 

Article 99

The term of the local council is four calendar years, starting from the date of its first meeting, and the term of the local councils subject to the supervision and control of other local councils ends with the expiration of the legal period for these councils.

The election to renew the local council takes place within the sixty days preceding the end of its term.
Article 100

A member of the local council shall receive remuneration for his work that does not exceed 500 pounds. Members of local councils and executive councils may be granted in exchange for the burdens they incur in accordance with what is determined by the executive regulations.

 

Article 100

A member of the local council is not responsible for the opinions he expresses during the meetings and discussions of the council and its committees.

The competent authorities must notify the local council about the criminal measures taken against the council members within forty-eight hours at most from the date of taking these measures, and it must also be notified before starting any disciplinary measures against them if they are workers in the state’s administrative apparatus, the public sector, or the private sector. In all cases, the council is informed of the outcome of the investigation, and the approval of the local council must be taken before the transfer of a council member from his position is carried out, unless the transfer is at his request, and the body in which the member of the local council works must facilitate his performance of membership duties in accordance with the rules and conditions specified by the executive regulations .

It is not permissible to appoint members of the local council to the positions of local administration units or transfer them to them during their membership only with the approval of two-thirds of the members of the relevant local council and the majority of the members of the local council of the governorate.


Article 101

It is prohibited to contract directly or through an intermediary between the local unit and any member of its local council

 

Article 102

A member of the local council is prohibited from attending council sessions or its committees if he or one of his relatives or in-laws up to the fourth degree himself or through an intermediary has a personal interest in the presented issue or if he is a trustee, curator, or agent of someone in which he has such an interest.


Article 103

The resignation of the membership of the local council is submitted to its president and he must present it to the council in the first session following its presentation, and the resignation is considered acceptable with the approval of the council, in which case the council decides the vacancy of the place and the president of the governing council notifies the vacancy of the place.


Article 104

If a member is absent from the local council sessions or its committees more than three times in a row, or for a quarter of the council’s sessions in one round, without an acceptable excuse, the council issues a decision to invite the member to hear his statements in a session to be determined after at least fifteen days from the date of notifying the member of its date.

The council issues a decision considering the member resigned by a two-thirds majority of its members if he is not convinced of the member’s defense of himself or if the member is absent from attending the aforementioned session.
Article 105

The membership of the local council shall be revoked for whoever has lost the status of worker or farmer on which he was elected in the council or if he loses one of the conditions necessary for nomination. Membership must be dropped from those who are proven to be in violation of the provisions of the law or who loses confidence or esteem. Membership may also be revoked in the event that the member breaches other membership duties or Their requirements.

In all the previous cases, a decision must be issued by the Council announcing the fall of membership or its dropping, after the member was invited to hear his statements on the dates and in accordance with the rules and by the majority stipulated in the previous article.


Chapter II
Workflow system in local councils

Article 106

The local council and its committees shall have a special headquarters, and the necessary number of workers necessary for the proper functioning of the council shall be attached to it. The head of the local council shall supervise them and have the authority assigned to them for the head of the local unit.

The head of the local council in the governorate has the authority assigned to the minister for workers in other local councils within the scope of the governorate.

The funds needed to meet the council’s expenditures are included in the budget of the local unit. These funds are placed at the disposal of the head of the local council and he has the same financially determined authority for the head of the administrative unit, and the head of the governorate local council in this regard has the financial authority assigned to the minister.


Article 107

The session of the local councils starts and ends on the dates specified by the executive regulations, and the local council convenes for ten months at least, and the local council meets at the headquarters assigned to it for a regular meeting at least once every month upon a call from its president at the time he determines. The local council may be called for an extraordinary meeting on In the event of necessity or when an urgent matter is considered at the request of the council chairman, the head of the local unit, or one-third of the council members.

With the exception of what has been stipulated in a special text, the council meeting is not valid unless the majority of its members attend, and the decisions of the council are issued by the absolute majority of the attending members and when the votes are equal, the side of the chairman shall prevail.

Article 108

In the event that the legal number required for a local council to convene is not completed, the meeting shall be postponed for at least three days and at most seven days.

The president of the council warns the retarded members to attend the meeting, and if the number of attendees at the new meeting is less than the legal number, the chairman of the local council or the governor informs the Supreme Council of Local Administration with a report on that to present the matter to the Council of Ministers to conduct its affairs in it, and he informs the local council of the governorate with respect to other local councils.

Article 109

The sessions of the local council are public unless the council president, the head of the local unit, or one-third of the members request to make them secret .. In this case, the council decides in a secret session whether the discussion on the subject at hand continues in a secret or open session.

 

 


Article 110

The head of each local unit attends all the unit’s local council sessions, as well as the directors of departments or agencies whose specializations relate to the issues before the council whoever deems it necessary to attend.

Members of the House of Representatives in the governorate may attend sessions of local councils at all levels and participate in their discussions, and they have the right to present suggestions, questions and requests for briefing, without having a counted voice in taking decisions.


Article 111

The governor, heads of local units, and every member of local councils may submit their proposals to the relevant local council in matters falling within the council’s jurisdiction and in accordance with the conditions and procedures specified by the internal regulations.

Article 110

Every member of the local council may ask its president to include a specific topic in the council’s agenda at least one week before its convening, and the president must refer to the relevant committee what the members submit in terms of suggestions and issues.

In all cases, topics not listed in the session's agenda may not be discussed in the council.

Article 111

A number of no less than five members of the local council may request that a general issue related to the governorate or other local units within its scope be raised for public discussion.

The council may discuss these issues and exchange views on them in accordance with the conditions and procedures specified by the executive regulations.


Article 112

The local council forms from among its members at the beginning of each session specialized committees to study the topics that fall within its competence before presenting it to the council. In other than urgent cases it is not permissible to present any topic to the local council before it is referred to the relevant committee and its report is presented to the council about it. Each committee shall be elected from Board committees head in their first meeting.

In the local council for the governorate, a values committee shall be formed that examines the behavior of members of the local councils and proposes the action to be taken when a member breaches the requirements of due conduct, in accordance with the rules and regulations established by the Board of Governors.


Article 113

Heads of departments and directors of heads of departments and executive bodies or other relevant bodies in matters presented to the committees of the local council must attend their meetings, taking into account the level of the council.

The Executive Council or any of the committees of the local council may seek the assistance of a qualified person whose experience it deems to benefit and invite those whose work is related to the topics presented to it to attend its meetings.

Those who are not members of the committees' meetings will participate in the discussion and study without having a counted vote in its deliberations.

It is not permissible for members of local councils to participate in any executive activities or to participate in the membership of committees of an executive nature or specialization, except for their participation in service committees in industrial areas and committees that are formed to manage joint projects between local units.

The internal regulations of the local council determine the types of its committees, the number of members of each committee, and the system for its workflow.


Article 114

A permanent committee shall be formed in each of the local councils from the chairmen of its committees and headed by the president of the council. This committee shall be concerned with preparing the council's agenda, studying and expressing opinion on the following:

(A) The council’s general policy, budget draft, plan, and final account

(B) Questions, requests for briefing, interrogations and requests for withdrawal of confidence submitted by members

(C) All matters related to membership

(D) Other matters referred to it by the local council

This committee undertakes the task of directing the council’s competencies between its sessions with regard to urgent necessary matters, provided that the decisions of this committee are submitted to the local council in the first meeting following their issuance in order to decide what it sees in it.

 

Chapter III
Budget and final account

Article 115

The competent financial bodies of each local unit determine its annual budget project including its revenues and expenditures in accordance with the applicable rules in drawing up the state's budget and submit it to the governorate at least five months before the start of the fiscal year, provided that all data and documents on which the estimates of revenues and expenditures are based are attached to the project.

 

Article 116

The governorate’s financial system prepares the governorate’s budget project, including the budget projects of local units within its scope. The governor submits the project to the governorate’s local council for discussion and approval at least four months before the start of the fiscal year. Each governorate sends its draft budgets as soon as the local council approves it to the Supreme Council of Local Administration for discussion with The competent governor, then sending it, along with his notes, to the Ministers of Finance and Planning.


Article 117

The following amounts should be included in the provincial budget projects if they are omitted all or some of them:

1 - The obligations that the governorate or one of the local administration units within its jurisdiction is committed to

2 - The uses imposed by this law or any other law

3 - Expenses of the administration or maintenance necessary for the proper functioning of the facilities, establishments or works undertaken by the governorate or the local administration units within the governorate.


Article 118

The budget of each governorate shall be included in a special section of the state’s general budget, and it shall be considered a part of it. The provisions applicable to the state’s general budget shall apply to it.


Article 119

The governorate's competent financial bodies must submit annual final accounts projects to the governorate and the local units affiliated to it to both the Ministry of Finance and the Central Auditing Organization, on dates and in accordance with the rules and procedures stipulated in the state's general budget law.


Article 120

The governor presents the governorate’s annual final account project, including the final accounts projects of local units within its scope, to the governorate’s local council, accompanied by the notes of the Ministry of Finance and the reports of the Central Auditing Organization, on dates and in accordance with the rules and procedures issued by a decision of the Minister of Finance.

The governor presents the draft final accounts, after their approval by the local council of the governorate, to the Minister of Finance, and he presents the final account of each governorate in a special section of the state’s final account, and the provisions applicable to this account shall apply to him.

The third branch
Local taxes, fees and resources

Article 121

The executive regulations specify the rules for determining the principles and procedures for calculating all fees of a local nature, the method of grievance, and the procedures for reducing them.

This bylaw may include several systems of foundations and procedures for calculating all these fees, and each of the local councils may choose from them the system that suits the conditions of the local unit.

Article 122

The collection of taxes and fees prescribed for local units, their exemption, and their extinguishment by prescription shall be followed by the rules established regarding taxes and public fees.

The debts of these taxes and fees are considered excellent debts on all the money of debtors and are charged directly after the judicial expenses and government taxes.

It is permissible for the competent government agencies to link and collect taxes and fees related to local units and pay the proceeds to them, after the approval of the governorate local council.

Article 123

It is not permissible to grant the obligation to exploit any of the local public facilities or any source of natural wealth except for petroleum and mineral wealth within the jurisdiction of the local unit without obtaining the approval of the competent local council.

Article 124

The local council may not accept restricted donations on a condition that its implementation exceeds the authority of the council or changes its allocation except with the approval of the governor, and the approval of the prime minister must be approved to accept donations and aid provided by foreign bodies or persons.

Article 125

Local administration units may not enter into any loan or engage in any project not included in the plan or budget if it entails spending sums in a future period, except after the approval of the House of Representatives

Article 126

With the exception of what has been stipulated in a special text ... the laws and financial regulations applied in the government shall apply to local units, the rules established for government funds shall apply to local units, and these units shall be exempt from all taxes and fees that the government is exempt from.

 Chapter six
Dissolution of local councils

Article 154

It is not permissible to dissolve all local councils except with a court ruling, and the Supreme Council of Local Administration may decide to dissolve one or more local councils in the event that it violates the limits of its jurisdiction stipulated in the law, in accordance with the rules contained in the executive regulations

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