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阿富汗的法律

Law on Municipality

颁布于 1959-01-06 · 文本截至 2026-10-01

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关于这部法律

语言
English
类型
法令
国家
阿富汗
主题
Land and soil, Cultivated plants, Water, General
关键词
governance, basic legislation, institution, policy/planning, urban land, cadastre/land registration, plant production, plant protection, soil conservation/soil improvement, public water, sewerage, water supply, waterworks
类别
agriculture

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  1. 16 .Jadi 1336 CHAPTER ONE: MUNICIPAL OltGANIZ.A.TION ARTIC:IE l; Definition of a Municipalit7 A nrunicipality is an 1nstitu:tion 11 having :i.nd*pendant. status, which ~ required to meet l.ocal. needs al!d provides. tor the needs of the people living in the area. of the :nruni.cipality,, AJlrICIE 2: Esta.bli!Shment or Municipalities A municipality can be formed in tha capit•l of provinces, ti.rat ranked wole~;,Y.es.and other woleswaliee which have more than .500 houses 1n a :region of three kilometers 11 or in any community which because of its important situation, needs to have municipal offices. In the first rank wolesvall i! the municipality income would not be enough for the .municipality's expenditures, the i'o:rma.tion of a small J:Qunicipalit.y is temporarity avoided. ARTICLE 3: Municipality Members The most important and active ~era of a municipality are: the municipal. aesemb~, the municipal council, and the mayor am deputy mayor. .ARTICIE 4! Limitation o:t Area If there is a disagreement about an area between two municipal. regions, a mixed. delegation having members from both municipal- ities u formed and the problem. is discussed by them. and wqs of negotiation are found,. Ii' they cannot solve the problem, the problem is :ref~rred to the advisory assembzy- of the pro- vince o:r the .first rank woleswa.li .. ARTICIE 5: Changing the Name of a City Proposal.s for changing the nam.e of a city are submitted to the Oouncil of Ministers by the governor o! the province and the .final decision is made by them .. ARTICLE 6: Formation, Combination, and Division of Municipalities a) Formation of a new muni.cipality and determination of the area, boundary, real estate and other properties is don@ by the Council o! Ministers., b) If' it is necessary to combine two or more municipalities, the proposal of unification should be submitted by them jointly to the Ministry of. ~terior and approved by that Ministry. If the proposal is not submitted joint~, it ia rejected and can only be approved by the Council of Minist0:rs •. c) Division of a m.u.."lioipality into two or more parts is done by the proposal of the municipal assembly and the final decision is ma.de by the Council o! Ministers,. The deter.min- ation of the boundaries of each new municipality is also made by- the Council of Ministers., 1 - 3 Two or more neighboring villages havi.'"lg fewer than 500 houses in a region of three kilometers can get together and form. a -municipality, -tmt the number o:f houses of all ot them together ·should be more than the amount required in Article (2L Vill.ages that want to form a munici_pality on the above basis should submit their proposal. to their governor and the fi,."lal decision is made by the Council of .Ministers. Jiesulte of Combine.tion and Separation In the case· of combination or separation, the Im.i..,i-eipal assembly i.a dissolved and new diNct elections should be he:W.~ MUNICIPAL ~=:rilU'lDS -= ·- •-= 'r,h~. fol.lowing are the duties o:r each municipality~ L Supervision, guarding, and securing the cleanliness or public places, hotels, rest.a1.u;-anta, dining rooms, tea rooms, baths, cinemas, etc., whi.ch are used.' by the public. Ailee guarding the sanitation of food and drink which are used by- public and maintenance o! water wells and springs according to health regulationae 2~ Helping• governmental personnel in erµ.'orcement or their program of the prevention of communicable diseases of humans and animals .. 3 & F.xamination of the health and technical ability of workers, servants and occupations such as baker 8 servant, nurse., cleaners, drivers, buggy riders, porters, millt eellere·a.nd all other food sellers and other oceuPotiomi. Municipalities give permission to work only to those persons who have cerf.i.tiaatE!ls of health a.nu technical ability9

  2. 4. Examj nation of all kinds of transportation equipment and retusing permission to those that are not in compliance with health regulatioru.i. 5,. Within the municipality, providing for the movement of vehicles in roads and streets according to international regulations.

  3. 6. Giving permission for construction, improvement and main,,, ten.a.nee of buildings and demol i.tion of houses which are dilapidated.,

  4. 7. Giving permission for temporary occupation o! part;3 of roads, fields, bazaars I bridges, etc. , which can b€ done without any problems for the public and prohibiting a~.y occupation without permission of the mu..-1.i.cipaUty9

  5. 8. Construction of new mosques in new places acco~ing t.o approval of ·the Co\.ii'l.::il of Ministers in the capi"t.. l and with the approval of advisory boards in provi11ee5 tHid first, rank terti&rfoE; and cleaning a.nd mainten.1:u1cii! of' all mosque;;; wl.thin the nnmicipa.llty ,, CHAPTER ONE: MUNICIPAL OHG~IZATIO§ ARTlClE l; De.t"inition of a Municipality A III.Unicipality is an institution, having .independ.ant et.a.tu., which :i:s required to meet local needs and provides for tM need.a of the peopl5 living in the area of the municipality-~ ARTICLE 2: Establishment of Municipalities A municipality can be formed in the capitol of provinces., tirst ranked 11olemlles. and other woleswalles which have more than 500 houaes in a. region of t.hree kilom.etera, or 1n e..rry- eommunity which because of' its important situation, need!! to have municipal offices. In the first rank wqleNli it the municipality income would not be enough for the municipa.llt;y•s expenditures, the formation of a sm.all municipali:t.y is temporarity avoided. ARTICLE 3~ Municipality Members The most important and active ~ere ot a 111unicipa,llty are: the municipal asaemb:cy-.., the municipal council, and the mayor . and deputy mayor. ARTIGIE L,: Limitation of Area It there is a disagrefflll.ent about an area between two municipal regions, a mixed delegation having members from both municipal- ities is formed am the problem is discussed by them. and wqe o:t negotiation a.re found.. If they cannot solve the problem, the problem 16 :referred to the advisory assem.blJr ot the pro- vince ox- the .i'.irst rank woleswali .. ARTIC:lE 5: Changing the Name of • Cit:,y Proposals for changing the name of a city are submitted to the Oouncil of Ministers by the governor ot the province and the final decision is made by- them., ARTICIE 6: Fo:r.ma.tion, Combination, and Division o! Municipalities a) Formation of a new municipality and determination of the area, boundary, real estate a.nd other properties is done by the Council of Ministers., b) If it is necessary to combine two or more municipalities, the proposal ot unification should be submitted by them jointly to the Ministry of Interior and approved by that Ministry. If the proposal is not submitted joint.l;r, it is rejected and can only be approved by the Council of Ministers. c) Division of a municipality into two or more parts is done by the proposal of the .m.unieipa.l assembly and the f ina.l decision is ms.de by the Council o! Ministers.. The determin- ation of the boundaries of each new municip,~lity is also made b;r the Council of Miri..isterso 1 - .3 9& .Di::tex.'Jldnation. of locations for baz:1.a:r-s, gasoline sta.tionsJ- ta.ctories » etc .. , which will not cause any problem to public hea.lt-h. .., lO~ Maintenance -o.f-.forests; .gardens, meadows, etc., enlarging of -. forests, and tree planting in lands which cannot be used- !or agricultural purposes. -11. - Controlling weights and· measures,. · l2 ., Sprinkling ·and snow removal fa public . places. such as dirt roads, fieltls, bridgea 1 bazaars, passages, etc. l3. Construction of public toilets in public places of the city .•. : "as needed O . lli-e Providing and keeping available vehicles and equipment needed for fire extinguishµJga

  6. 15. Supp~ drinking wate:r in the municipality and distri- bution by pipes and covered. e~bterranean canals and d1stri- ; ,tJud.on of water within the municipality for· irrigation purposes. l6o Establishment of fields and determination of placea for .. ba.zaarso 17~ Establishment of tree nurseries. 1a.. Planning for the future o.f thei city and making cadastral surveys ot 4nd within the city.

  7. 19. Prohibiting the covering of streets and, alleys and refusing permission for the repair or reconstruction of such cover.ings4

  8. 20. Lighting streets and alleys.

  9. 21. Apartments., shops and other construction which are situated on avenues _ arid side streets and which ~e d.U.apidat-ed mtizt be repaired in a period of one month after the municipality has given notice. In the case of people who are not able to bear the cost c,f re~irs or painting, the wo:i:k should be done by th~ ,n:u.udcipality and the cost ~hou.ld be taken period- ica~ .from the owner~.. It the municipality determines that the owner intentionally failed to obey the notice 1 then the muniGipallty must take the cost plus a fifty percent fine e ·22. · Recordfng birth.a..-, deaths and marriages in a Special ledger and ma.king a complete report monthl;y to the statistics offices .. 23:~ Determination and control of the price of i'ood art,icl_es and. wages is the duty of the municipality and the m.u..'tlcipal officers must eontrol them. regularl;ra

  10. 24. Requiring the residents to bury the bodies of their relativee in cemeteries outside the city 9 prohibition of burials in local eemete:ries within the city-, a.nd maintenance and cleaning of cemeteries-~ 1 - 5 - 1.0: Duties of L-iunicipaUties That Have 1"'10re Incom.e Municipalities that. have more income. than required to perform the duties listed in Article 9 sha+:!- ha,e the following ex'vra duties: la Improvement and control of orphanages, geyll.ll:l!.8 (infirmary) · and obstetrioa1 hospitals and steriliution of tha public baths. 2& Administration and control of the slaughtering plaees. J~ Establishment of hoepitals 1 proportionate to the need ot the municipality, the plan and location o:t the same to be approved by the Ministry of Health~ j, Establishment and a.dm1n:lstration ot ,theaters, cine-Alas, reading roruns, Jnunicipal printing houses/} etc .. 4 " Establishment and ad.ministration of horse racing fields 1» stadiums» or other sports fields and resorts .. 6e In the cities that do not have markets, establlshlnent and ad.ministration of bazaars and food storage~

  11. 7. Establishment and control of ice-making factories, snow- keepiug refrigerators, muni,ci~!,,,; dair1 institutions, etc .. 8~ Establishment of gardens a.~d. io~s·.' / ·.;.\~ ~1.;;;-,,~-., , 9.. .Establis}fuient or showrooms tor the countryt s products and textiles after getting the permission of the relevant lllinistries.

  12. 10. Improvement and establishment of depots for fuel such as charcoal, ~-ood.., etc •

  13. 11. Establishment and administration ot auction rooms .. l.2 ~ Inip:rovem.ent and adm.i."'listra.tion ot .f' lour mills, bakeries., and the city's water suppJ.¥. · l.3. Building of low cost houses and renting them at low cost, ptu-chase of lands in areas that are well located for futUl"e development and selling it at a decent. price to people for home construct~on.

  14. 14. Improvement of h<>uses according to the needs of the people and heii.lth regulations. 15~ Establishment and administration of municipal banks and es~ablishment of savings accounts and pension accounts for offic_j_a,ls ·

  15. 16. Establishment and adndnistration of mutual assistance funds for poor people~

  16. 17. Esta.bliehment. and adirdnfatration of employment. o.t'i'ices for- the unemployed. and giving permission for the est!lblishment of emplo;pne.nt., o.ffke1, acco.r-dir;,g t,:::, the r1?g1.11ations of the mi.tnic.i.pality.

  17. 13. Eat.e1,b1-isr,mertt of rhc t::·".",:':J.~·.:1t.clt.::.~.:, (such a":i tramway o? a1.rt.obus) ,;ithi'i t ;:,- <,,;·vi vf. ',_ r.r, ':,,T,J C :i.paJ.ity or- i afte-r nt:g<;ti.at.Jon.& :- b6t~9r~:r:-;.:_~ t.v,;·__: .::~r -rs-<>r1....~ :~;....n:d. cipa.iltiesq 19 ~ Establishment of municipal mUBeums .. 20., Maintenance and protection of holy placesb historical places, historical build~e., and antiques, and if needed, repair of the above mentioned locations., 21., Rents for shops or aerais cannot be raised without the pem:l.ssion of the municipality and an owner cannot evict a person from his property without the permission of the municipality. The municipality will follow the regulations in the above cases .. 22,. When selling land, the cost ot the land which 18 used for the street pltW ten percent tax is taken from the citizen~ ARTICLE 11: The duties of a. mun.i.cipality are not limited to the subarticles of Article (10). A municipality can take aey step to enforce the law and within its financrial capacity can do anything wh:ich is for the benefit ot the people. C:HAPl'ER THREE: MUNICIPAL ASSEMBLY ART IClE l2: Numbers o! Assem.b]s· :Members In municipalities having lea? than liOOO houses there shall be five membersc A member is added .for each additional 200 house& or fraction thereof. For~le, if' there are !ive members for 1,000 houses, a e.ixl:.h member is added from. 1.,001 to 1,200 and a seventh member. i'rom. 11 201 to 1.400.. :r.r the number of houses is increased. t.he rurnber of members ia increased proportiona~. 'fhe aseemb~ cannot have .mo:re than 20 members. kemark: In the places that have more than four thomsand houses, the city is divided into election dis- tricts and the representatives are elected accord- ing to the election districts. ARTICIE 13: Det.eraination of the Number of New Hen.tees The decision to count the number of new houses 1$ :submitted to -advisory board of the province or first rank tertiary and suQ- seq_uent.q to t!w Council of Ministera,. The counting ot: th6 houses ia done after the approv-al o;f the Council of Miniatert1,. Remark: Except .Kabul municipality- which is done bJ" t.he Ministey- of Interior .. Voters must have the following qua.litkatione: l,. 1'hey :must be citizens of Afghanis.tan., 2,. '.!.'heir age must not be less than 18,. J., They .must be residents of the city and/or have lived for at least one- year in the district of the election~

  18. 4. A person cannot cast more tlian t~;, votes. in his district,. ( , 'the following people do not have the right. to vote: lo Persons ·who are supported by public or private relie:t funds,,

  19. 2. Person6 who are prohibited !rein public service .. 3,. People who are kn,.>wn to be criminal or treasonabl~. p• 'IIM1~~~- Conditions of Candidates Candidates for mwdcipal assem.bly, in addition to having the qualifica.tions ot Articles l4 and 15,. must not be yoUP_ger than ,30 or older than 70·,, They should r,;,,.,co:rd their candidacy ten days. ahead of time in t,he inunid.pal:i ty. ~.:tie following indi- viduals cannot bee electedt l. Soldiers$, po.lice~ gendarmes, govermenta.l penonnel, and all municipal officials and ~:-.mployees.

  20. 2. Jndividuals having :responsibility for- Wo:t"kiJ.g for:- thv m.midp,7.lity directly or- indirectly (acting for so:m.;,one 1 and/or ao :1--:.i;..rtne.r. in ~ contract) .. ( - J,. Close relatives a.ccorctir1.;~: to ror:mr..rk ( d) of Article 8 of otf1e-ia.l regulations. (Th~ pu:tp,::_;;ast of this is that two close. relatives cannot be elected in t,he: ~e oistrkt-) ..

  21. 4. The qualifications of candidates are studied by a commission and compa:red-.w,ith the regulations. Before a pe:raon can be a candidate, at least 50 people must approve that he has a good background. and_h~ must record his candidacy t&n cta.ys ahead. of time .. 5.. Candidatea must be lite:rat'il. 6~ Members of the House of ~epreeentatives, Advisory Boards, and governmental councils cannot be elected~· The term of municipal assembly members is .four years., ? •. Members. of the assembly can be :l:"e~lected o ~HAPl'ER FOUit: ELECTION 01'' ASSEM:BLY MEMBERS Election Section In order to s:tmplii'y the election process, elections are di- vid~d into districts. The number of sections and the number of members ea.ch section must elect is det~nuined by the municipal assembly .. Any decrease or increase in the number of sections that will elect new members is discussed· i.~ ·the last meeting of each. municipal assembly., fl.!ma1:Jr-: The first election is conducted bt the govert1mental advisoey board ot the relevant municipality~ Jn ea.ch section a cOlmllitt,ae is fo:rmed one .month ahead of time to wa.t.~h and administer the election process., 'The mayor ehooses a representative of each election aection~ The mayor and the representative of the eieetion request the representative of a section or district ·too send a list o! names of ten or.more vot'ers!i pre.ferab:cy who can read and writi!):, ten dqe before the e.lection,. In the central section., the mayor himself or the represen- tative of the election section invites those representatives at a specific time tor gat.herln,g. At most.., f'U'teen and at least eight individuals are ohoeen1'rom the·meeting by lot .. From those choaen by lot, at most ten and at l.ea.st f'ive are chosen by the mayor or election of.ficer represen- tat1ve as ma.in membe!'"B of' the election committee.,' The rest are al.te:rnates. In the central election committee, the mayor and in the other section&, the section 1-epresentative, acts as chairman. If there is no representative., the committee elects one member as chail'•11&n .. The d!!i-eisions of the committee are made in the presence of a.ll or a majority o.f the members.. If one or more members are missing alternate members shall take their places,. A record book is available in each elact;lon comnd.tt.et11, the pages and serial numbers of which are eertttied and approved bf the local court.. All th,r processes an:i re£Ul,ations havi.ng t.)le signature of the President am mabers o! t.be committee a.re reeord.ed 1n thiB book,. For secretarial purposes, each committee can b;v a majority- vote·~hoose one or two persona !'rom among the-voters. These ·el~irk:! d.o not have the right of votinge · In the pri:mar;r elections, the election committee is formed one month ahead o:t election til'liO t.o prepare t.he list of names of the candidatesa AR'fICIE 19: The names and identification o:t vote:r-s ol a muni.cipality and/or election section are record.Eld. bJ" the eleetion cO\U- mitt.ee; through raaponaible personnel and employees in a book. A number is reco:rd.e4 in front of the !Wll.e of e.aeh voter and on the identification eard given to the voter which s:impli:ties finding the names of the v.ot.ers.. This book w:i.th the list o:t names is available at least one month tor examination by voters and municipal officers., Advertisement of the Election Process Tne day and hour ot the election, the time it takeB, the loca- tion of the ball.ot box., and the tilne the vot.ers who are not on the list should ret.urn to the election office'?' mu.st be announced at least 15 days before the election day to the public by the el.eetion otfieer by any available means,. JJlTICU: 21: l1)ters Objection A1iy indiifidual has the right or Qbjection to the elect:i.on co:imn.ittiei,e -1p to two days befo:r-e the ~1-sction for tht'! following

  22. 2. If' the name o! a person not having the quali.fication oi a voter is written. These objectiogj!lare either rejected o~ accepted by the ccm.- mittee. The decision by the conmittee is final .. ARTICIB 22i Time that Votir.ig Takes If a municipality or election o.f.ficer is 5ttre that an elee= tion cannot be tinil:lhed during one day, this fact mU!!lt he announced at least three days before the election and the exact day and hour it. ends .lll.ust be announced according to Article 20 cy the election committee .. Remark; The election period according to the deter- mina.tion o! the l!lationa.l Rouae ot Representa- tives is from one to two day-a,. .ARTICI.E .2.J: Bxanti.ning ~ Sealing the Ballot Box The president of the election council and the members that are present s..eal the ballot box after making sure it is empty before the election begins., The president keeps one of the keys himself and the other key is kept wlth the oldest member of the committee,. There is a. hole in the top of the box tor putting bal.wts in the box., In the process of voting, each evening the hole is sealed. with a blank paper which is s.igned and stamped by the president and other members.. ln the morning, the hole is opened a front of the members and the publica Condition of Ballots in the Ballot Box l!:ach voter pl.aces his ball.ot in the ballot l'\OX himaelf., Placing the ballot of someone elH is absolute~ prohibiteda Anyone doing so must be punished. The voter; having hi$ identification in his hand, approaches the election council a.nd s:i.g:ns or pu.ts his finger print in .front oi' his name which is already- written on the list. Then he receives the ballot from, the election council and writes down the name of the nominE'les whom he wants to be elected. It the voter is il,... literate, then the ballot 15 filled in by a trusted man under the control ot the council" Opening the Ballot Box and Ballot Countillg At t.ha end of tlie el.eetion, the ballot box is opened in the presence of at least three members of the election committee a."ld three Yo¼rs .. 1,. The l-~-llot-2 a:r-e opened &nd th~ :r..umber compared to th~ nU'l:ilber of names of voterij~ 2.. The ballots that are illegible or do n•;>t. agre6 with t.he r!S.llle and identification of the c,,u-.sdi<lat,a,s &i:'e _pi..,'." aerid.s .. 3 ,; N.:u.ro~s of the ballots for J)e:rr~onn itb{1 r:..rB not ~>L:··~15.ti:.::~- tef! $tr"$; nc-1~- ccn..mted~ lt 1"!10t'e t.}w.r.i th~- ~~ezp.tj~¥5(t :1.~~it.:~T- 0.t rtrunea .3-.!"e list~d;;- tph•:~ lie-t i.-~~ •;".";(:it.~r1J-f~:-d_ .,:~_Jtur~ :-.,.;:,-:~ -::~_:>:~ anti ttv?i addtt.i<>ti&..l l"t3}5·~-:-~.-:~ a:r:.,;.,e c~_·\1:_..~-·=..·~-.;:-.:~ _ L t.;_ ~ cctulp1~tt.o-n. of 'Lhe (:01J11ting a11d. tht:: f;:_x:.an:= tt ft~~x~ the ins.tion of the baD.ota according to the above re- q_m..rement.s, the number of votes given to each candi- date is written :L-. front, of hie name .. 5. ln the case of a. tie between two or nwre ca."ldidates 1 one ia chosen by lot~ 66 Twice the nunt~r of authorized candidates are ±'rom. the arranged list, one part is taken as alternate & ? ... After the completion of the process and the official document required by Article 26, the ballots and the list of 'the votes that are not counted is put. in an er.:velope o Each envelope 1a signed and stamped by the pt>esi<..\ent and members of the election committee> and kept in the m.micipalit.y~ ARfIC!E 26: Affl required by Art:l,.cle 25, an of.ficial document is prepared and submittet\ to high rank government official:s: l. St.a.rting and ending date of the eli:ction~ 2.. A statement of when the ballot box was opened and in the preaence of whom~ 3.. The number of people whp part.icipated in the election~

  23. 4. The number of ballots that were not counted and the rea.sona 5& The number of votes given to each candidate in increasi1.g or decreasing order.

  24. 6. Wormation and objections of voters about. the election and. their reasons thereforee ARTICLE 27~ Amiou..'leing the Members.hip During the week a.fte~ the arrival of the election document$ a high ranking government official shall announce the election of the successful candidates for the municipal assembly befoN the municipal assembllf meets,, ARTIClE 28; Abolition of the Municipal Assembly If during the month following the election., reasons a.nd evidence showing that the electi~ ...-a.e held improperly or illegally is r·eceived from the government or reported by a voter 3 the matter is exami..l'led by government inspector$ and if they find out that the inflormation and. evidence are correct, they submit the results to the Ministry of Interio:r in the Capital and to the Governor in the provi.".l.ces and to other high-ranking officials in the tertiaries~ The document is eY.amined by the Ninistcy of Interior er Advisory Boa.rd and the decision is mad~ in tw months .. If it is dec:i.ded the.t th'"' a ese.mbly should l:m abolished, the assembly is abolished and according to the Articles o.f thii::l regulation, the elect:'.t.o:n is held .?..ga:i.n and. a new municipal as;:;.amb~ is formed to carry out :Lt~, duties~ AR'rICIE 29~ .Pu..nishment for illegal n.e;,gistrat;'.icr, People who are net. --1~:.i.iied to vote but ~"ho exeri;ise deceit in getting the:u. names on the toting liet are to be impri~ou- 4 ed from one w~ek to one mcnth. ARTICLE 30~ People who attempt to coerce a voter to vote for them. or foi· :..•.:i:,a0.:;:.-i5 ,si2e a.::.ill b€ inl.pr1eoned from one week tr, ~ 11Wni,n anclp in act.::.i,t.i(,r,,; aL"All t>-e iine<l fl"om fifty t.o five hundl"$d Ats., ARTICIE :31: Pur..ill.lb.rnent tor Illegal Int.erterenc~ with an Elect.ion People who i.1.legallj open a ballot box or 3tes.J. V-:)ting paper.s or e.dve:rt:l.sem.ents or delay the eJe:;tion frc)!ll the time eet by the election committee sh8.11 be j1,r1_p:r·ieoned. trom one to si:,;: months and i'i.ned i":rOirJ. 500 to l~OCO Afs. in addition. ART IC LE 32: Punishment of Members of the Election COllm'littee !or Inte:r- fsrence ·with the Freedom of Election or Causing the Election to be Invalid If' one or more of the ~lection conmd.ttee .members inter"'" fere with the freedom of an election, they shall be impri- soned .from six t,6 twelve months and in addition .fi:neo. 500 to 1,000 Ms. · ARTICLE 3'.h Mis-Use of Offfoial Power i.i."1 the Election Any gove:rrnnent official who uses his power to threaten or entice a voter shall be imprisoned or punished a.ccoroiug t-o the eo,..trt regulations for government official$. A.H.T ICIB 34: The public shall have the rtght to brw..g objection8 for a period of one :n:-onth~ CHAPTER Sil: ~...::>n: ,.- g "' "'- a,;1& SESSIONS OF 'I'}fu~;fMUNICIPALr;, ASSilIBLY :V F e, . - d n , .ill :,; 1;F2= :tt="'Q" ltF'C )Ill A.R'l'ICLE 35i Th~ Municipal i-ssembl;r has one ~sasion each year axld. this ~~.eaion is held on the first day of Hooto The session lasts about tan days and determinesj approves and accepts the bu.dget fer the coming year. ( In the appraisal. of the new yearte budget the previous yt1iar~e budget is used a2 a baee~) Tha .laen,gth of the seseior;, may he extended. by ~. m&jorit.y of t~~ u;.-,;m.i.>-t:Jra ~ 'Hie M.unici:p&l Assembly ~ hold (!A,trs.o.rdinary meetings at the requeat cf the mayor, the m:urdcipal cmmci1 er one-t.hfrd of the m.em.bers of the Mu.iti.cipal J\ijeembly.. In the ordinary 1:H:1s~ion, affairs that a:re within th~ authcrity of th~- .Munfoipa.l Assembly ar~ d:tscussed but in the ~xt-ra- ordi.na:ry ill.Bet ir,ge P discussionei:i sr-e Llm.ited to tb::,s-:e J..t:eD:;s t,hat are pla~ed on the agenda by tb.0 may;;;.r_, Notifying r. €.·!~~l-:t;...J~.t., Co··c$:rr.~~:n-t f)f S·e~1~1nn~ ~f ;~:-~:cr,,.:iJ--~n~0r.;;t. for Mu1,icipsl b1;,e,ubly ln the or-d.ir-.a.:ry and e.xt.raordinary sea,3ions ~ the mayor shall invite the members at least t.m.'6e days before the session~ A s ~ of deeisi.oll$ wide in the munid.pal ordil"'.a..."'7 and <':;rl.raordina.ey eessiono is eu.bmit.ted by the ma.,.vor to th~ Minister or Interior in the Capital and Governor and ter- ti3l"ies in the p:rov:i.nve. AR'flClE 37 t Qt.,orum Needed tor Discussion The M.tm,ieipal Assemb:cy can hold discussions only in presen..-;B of.' an absolute majority. Deoieiona are ma<ie by the ma,jor·.~--Y" .fo the case of a tie vote" the mayor's vote shall decidt::., 1t a member does not pa.rticipa.te in three successive !).;.eeting:e without a. legitimate excuse, he is discriarged from m.e:moerehip a.'ld a.n alternate m.el!lber is appointed. in his place,, ARTICLE 38: Chairman of the Municipal Assembly Sessions The mayor ie the chairman of the mu.ni.cipal assembly sessioIW. ll he is absent, the deputy mayor shall repl&ce him and it the deputy lll!qor is absent, the member -who :received tt~ IDi.;:\lt vote_s shall replace him.. The chairman shall d.etel"l!Une the.:: attendance and see if a q_uorUl'il is present as required~ ArtiGle 37. If he finds a quorum to be present, he rumou.nceB the begin."ling of the discu3sion~ It i& the duty ot the mayor to preside over the meetir,g~ announce the decisions, make other announcements and adjourn t.he mtieting~ 'l'ha mqor shall turn over his chair to his deputy while p:resent:lng the annual report. AHTICLE 39: Open Meetings The meetirigs o! the Municipal Assembly are held openly, hut can be held seeret:cy- by the request. of the mayor or one- f'cm.rth of the members p:reaent., In tl">.is case, the mayor shall r...otify the appropriate governmental civil officer before and. aft,e1• the meeting,. The officer ca.11 participate in the meeting ti-..im:~elf e:r fJ<end a :representative t.o obsel'l!e the meeting~ Subjecte 0£ the Discussion and Rights ot Membe~a to Make Prcpoaals Subjects of discussions are submitted and explained by the mayor to the aesembly. Arty member r.a.s the right to make propos&J.s and to discuss any matters that are re.lated to the municipal duties. Proposals are recorded in the da~ dis~· euasion book c ARTICLE 41: Committees For examining the duties that relate to the municip&.lity, the a s s ~ can establish committees in any- of its sessions,. The ~ommittees upNH their views to the aaaeml,ly durir.g the $8$51.0h, l - 13 Aw.ht Committee The Municipal Assembly can form a;:, audit comudtt-ee hs: ch,> · '"~- two 01· more members from the assembly. They can Ul:!t tttc ,-,.'"_:,;::,,-- ience of non-members in inspecting accounts and a.ccoun,~iJ~ transactions~ The committee reports the result of tt-e audit w:ith the approval or the mayor to the assembly at the sta:t:t n" the next session., AR'l'ICIB 43: lnt.erpellation The mayor is responsible for giving infol"JMtion and ariSweh~- ~ ,, the assembl;r members.. Tt,e mayor may r-equire one of the m.i,>'tc, pal o!ficers to anST#er the members' questione. It th~ t"-£e?,}'\:;.o:· ·· ~. are not sa.tief'ied with the an.swere of these of.ticers ~ u-,,. may ask the I!IB.yor himself to participate in the me,.,tiro1:; anawer their· quest.ions .. Preserving Order in the Meeting The ehai.fflla.n oi' the meeting ia requ.ired to preserve :.-,,:.:. - - ot the meet.ing.. He enforces the punishment regulationa of the law on a.iv persons guilty of misconduct. Members who ca.use trouble in the meeting may be removed :tram. the ifii,'o;;t.ir:.: by the municipal police,. AFn'ICIE 45: Members Precluded frOlll Discussion No me.mber Ill!cy" participate in any diaouasion or vote coneern.ing any matter which is of personal benef'it to himseli' or to ary member of his famity. AR~IClE 46: Signing the Statement of the Meeting Regulations are recorded by the seoreta.cy in a speeial oo,-,> the serial numbers of which have been approved by the ... ,mt office~ A statement o! the decisions taken is signed oi· t t:so eha.ir!Dan and Hcretary at the end of the meeting.. I! the discussion is recorded incorrectly, the members can Qbjtjct at the next meeting. In such a case, the deci:non of the majority is !ina.l .. ARTlClE 47: Matten Before the Aseemb)Jr The municipal assembly may discuss and make decisions on an;y of the following .matters: l .. Budget 24> Final Account '.3 6 0.rganization o! programs and facilitating the administra- tion of municipal a.f.fairae ~-* Jt.:.11otlll.5nts, budget 1"-~viai.onei and transfers f~~ ,-~~--=- minor code to another., t. B,:,r:rowiri,~ fnn;fa 1.m.! -~-.ncur-ring debt5 the period ot: which is not :more than twenty-five years and which must be approved by the government~

  25. 7. Prepa:ra.tion of taxes and nn.micipal excise tariffs accord= ing to the law ..

  26. 8. Levying of taxes and. ex,;iees needed tor local eervice!'3 in addition to the tariffs listed in Article 7 I) p:r-cvided it is done accordir,g to the law,, 9,. Plans about future organization of the 111unidpality and construction p:rograas for drains~ water, gas, electricity and lighting establishments. 1.0., Contracts for renting to 1:1omeone or from someone, the period of which is more than three years and the rental amount of which is more than five per cent of municipal revenue., 11., Allocation of the municipal.fixed property- for the benefit of the public for a specific service or renting the same.

  27. 12. Acceptance of gifts and donations .. lJ 6 Settlement of disputes not exceeding 20,000 Ats. which are relAted to the municipal affairs,. 11,.. Granting in the name of the municipality, ccncessicnary contracts for public service5. 1.5 ~ l'.';x~tion and approval. of instructions concerning the municipal administration according to the spirit of the law .. l6., Other matters which are .included within the duties and powers of the municipality.. 'I'he mayor, for a discuesi,m of these mattel"5 should be confirmed by at least two m.emhexs~ ARTICIB 48: Neied for Approval of Decisions be the Ministry of Interior :~/or Advisory Board Decisions to borrow funds for a period which is more than 25 years shall be submitted by the Ministry of Interior 1n the capital or the advisory board in t.lle provinces to the Council of Ministers.. The decision is effective a.f'ter approval by the Council of Mini.stars. ARTICLE: 4,9: Invalidation of Contracta that are not Essential Uecisions o.f the Municipal Assembly that are ma.de contrary to the regulations of the regular and extraordinary sessions or against the apirit o! the government.a,l laws and regulations are submitted for examination to the'board of Ministero by the adv-is.:.,ry board in thfl provinces or the Min.ister of lnterior in the capital. Such decisions can be 1iiade invalid aft.e1· e:x:a.m--- i:n.e.tion but. according to the Articles of thie law and othe'l:" laws, the municipalities are rec:ogn:ized ae independent i:c al.l ir, w-ri-:; j_ pal affairs ~ 'I'hB nn.w.:i,cipal assembly is requirE,ri to expr€;ss their views on ~i'fai:rs when requested by an appropriate governmental body .. the .m.unicipal assembly can submit requests to the government on :matters that are of benefit to the municipality~ Ald'ICIB 51: Each :municipality has a mayor and a secretary, and if necessary, a deputy- :mayor. The mayor is elected for a four ;rear term by the municipal assembly, and he should be a member of th~ assembly,. The deputy and. the sscret.ary are elected for a one year term in the meeting of the first day of Hoot by proposa~ of the mayor and the approval o! the :municipal. meeting. lr the mayor cannot get approval of the majority of the assembly in the first session, approval may be obtained from the majority in the second meeting, which should be held at least three days later,. lf two or more candidates get equal votes, one 1$ chosen by lot~ The secretary is elected f ~ the membe-rs of the a.ssembl,y .. In the municipal meetir.gs, other clerks can be chosen from out- aide the meeting but they can neither vote. .nor apea.k during the discussions. A new mayor ean be elected only at the conslu3ion of one term~ During the mayorr s election, the oldest member of the assembly shall act as chairman of the meeting., Admin- istrative board members and other members of t.he assembly are required to take an oath to fulfill their duties., ART ICIB 52 1 Allotment for Mayor., Deputy Nayo:r and Secretary 0£ the .Municipal Meeting 'l'he saluies o:t the mayor, deputy mayor and municipal assembly secretary are established according to the importance of the municipality• a situation., population of the area and revenue of the area by the responsible officers. M~rship in the murd.ci- pal assembly is honorary but they may- receive payment for @.a.ch session of an amount or money to be determined. ARTIOIB 53: Municipal Competence Officer 'l'he mayor usually is responsible for ma.king presentations to the government or the courts with respect to the welfare of the municipality, but if he is busy, he can delegate his deputy or choose a member of assembly to represent him., Pel"ll'!anent and T"emporary lfacan.cy in the Office of the. ~yor · In the case of a vacancy in the office of the mayor because of death., resignation, discharge, delay and or other cause, his de- puty (or, if the municipality doesn 1 t have a deputy., a member of the assembly is chosen !or this purpose) shall invite the mem- bers of the assembly to convene for electing a. mayor.. 1he Prime Minister in the Capital and the government in the provinces should be previouely informed. of the situation~ ARTICLE 55: Annual Report of the Mur.icipalit;r lte mayor shall present a :r1=port at the beginning of th~ session ~bout the enforcement of regulations and the fin"lncial condition of the Minicipality to the .municipal meeting. If the assembly is not ~atis.fied with the report of the mayor an interpellation meeting having the majority of the aersembl,y- is fc•!"'",.!!'sd .a:nd .ti the :mayor 1iS answers are not satisfactoN th{i ma:tter 15 r:,nnc1;:i,;::;c•.i tc: the .Prime Ministry :Ln the Capital or, tv t-~1t:.~ Gove1~t101· 0-:r First Rank '1>ertia.ries in tu,~ provine(➔ :e, by Urn 6,_:pu.t.y ,r.a,yor o~ oth1~r mem.b,:;r- wh,rne n_,me is first on ·U1,;:, list.,. Ir "_.1-", i _,.-;unc .Minist.;:1r-, t}ov·€rnor c~i·- f~t:t·r;;t X-3nk" terti~T)-..--_~ al. ~,Br ,.:•:~~-~.rig t-(-rci"'"t.s ~=>f th.e .i.nte.r1:,e1lat.i.-~:•n apr,.::.--·r>vea the d.-:~{- ·: :s.ii::~n -~Jr ~ >;.:; :~;__u1ici.p::J_ :,~v:"It:tin,g:;£- the .ma~yor j_~5 d :::~·~:.:~hl:i.J.""geo. ~>r-..:·:m rtlfi t.1:.;.t,y 0.-..:.:.•.·i. :: ~-"'~, --~:~: _:.·. ~,, : :! ~.l(--:octf.:d ;E1tL(:<:1rdi.n~;,,~ t(; t]':t-1 t; J..aw-. . mICU!: 56; Wilfat o! ~ the ~ r it} ~u.i!'-oo t,;;. ~foT~~ tt-.s ~~ a.1ld oo~ 3titnion of too gov$n;ment, w. mmiciptl ed'fairs.. Tne:Nif~ . too·~ a~~ to publish~ armotmee t~.le~ .Md·ee- stitat,:Mffi of the gove~t to the !11ll>'lst ~~ S.eoo~" he sho't'Wi pr<>perl;r diacbal,ge the rti>&p!'!MibW.t.ier, which aN given~ ha by the llAw. 'fhird.v since tr..e ~ r u t.be higMst ~ficer ~ ~ lceu. aftaire cf ·tu ~ip6lit;r~ he is Nf!~ to {l) ~oroet.lw omen. <If the govermemt .~· aamm~t.muve .control ot· the ·11.tmieipality,. (2) he lll :req_\drod. to p\tt 1.nto &ff®et tb.8 .. d~!Ui oft.he ~ i p a l u e ~ , mmie1pal .eo~il ~ t.he gove~i,' (3) be. s ~ take net"J1UIW7 ,teps in t:iw i»c- pr~v~ of the t ~ W statWJ of :the :imnicipali,ty, {4} the ~ r act.a for th9 municip&llt.y ud w t.~ t o ~ ~nis- tratiV{fi Nl!l-po-ibilit.f3 . lo Fre~tion ~ ~~t.ionot tM ~eipal ~@t~ a~ , ControJ.J,us te mtmi~ipal ~porli@l!h :;.. S a t ~ •SM. coll@c.t.i.mg of ~ .. 4., Oo:t&eluding lffl-t~~ of d.is,Put~s., aee@pt.~ .d.Q~U.a and eaeuth.g eom.rs.etB in tM ~ ot t-he mm:dc~t:,,, 5& Rtiprenattng t:n., mmicipalit7 !la· oom:-t . in Po~• @X' tbn~h n a.t.tomq., . . 'le. • . ~ ~ · i l l ~ . tl"ffll OM. au't.icl.e cf ~ @ t t@· £MtMr~ fflIQm 51; Niee ot Deputy ~ . -Since the· -,or 18 "spomd.ble- f~ ~ - mi ~ immic~ . affair~., bit ea autbori1Mt bis ~ 7 · ~ cu-17 out ~ of ~ .· dm;ifll,,. .. . . ARTICLE 5th Pwiieb!Hut. ct ~ . &ld· Ot.hfl'i Hmdeipu P ~ l for. ~~fflt 'the·~ di all otu:r BMdc,ipal ot!1.ceH ..-. ~ , . , a e&1!1€J of ~ i p a l mcoM~t d . ~ ·~1r dut;i, shs.ll. bfi p ~ &COOnling to· la.WB ~ h &pp'.cy i,Q all gov~~ ~tf1";B• . . ARTICIE ,9: ~r• a R&epon.eiM.lit,- for: Public Ord.er t h e ~ is NSpouibh .fer t.he Mint.~® o£ pttblic orier lid.thin the mmicipalit.;r., am h$ u ~ to ~ out li!.ll . g o v ~ U&3UNl8 to .a.lits~ ~~. o~. A.KI' lCIB 60: Public Order ~itrtin the Hur.id.riality The main concern of municipal public order is to provide safety and facilities for the pibllo and the bea1th of residents. The following are especially important: l~ Security- of passersby in the streetg, roads_, i'i~{l.ds, and bridges, and cleanliness and lighting of the above mentioned public areas~

  28. 2. Repair or demolition of delapida.ted buildings; walls and roots over alleys which are dangerous to the public~ J~ Prohibition against placing flower pots on ~....ndow sills or throwing anything f'r001 windows which might cause trouble to pedestrians.,

  29. 4. Prohibition of all activities which cause trouble to the public such aa fighting and talking loudzy in the nightG

  30. 5. Prohibition o:t crowds which cause problems to passersby .. 6,, Making decisions for oorribating disease and preventing the· spread of communicable disease~ 7~ Making decisions for coping with dangers euch as fire" earthquake, storms, etc4~ .and Wonni,,g competent officials of such dangers"

  31. 8. Supervision and safeguarding the sanitation of all food and drink brought to the bazaar for sale .. The r~sptinsibillties of Article 60 are not hmited to these subarticleso · Remark: · Traffic police in addition to having responsi= bility for all their duties to the Ministry of lritel:'iot\, are responsible for ar.rar,getll~mt ot traffic and.getting traffic inforJM.tion for and from the munieipa.llty., Ali.TICIB 61: Other undertakings which are simU.ar to thoee contained in Artialf!l 60, can' be per-!or1'i!.ad accol'd.i,.,g to the order of this law and other municipal laws and regulations~ AR'fiCIB 62: Punishment by the Municipality 'l'he mayor shall have the power- to· enfoJ;"ce ,the authority given to the municipality according to laws and regulations by impri- •:;cnm.ent and the imposition of ca1:-h finess ARTICLE 6Jt lbe Mayor supervises t.he carrying out of regulations of marriage 9 conduct o.f passfon pl&.'VS; and' circumcision., }· .... CHAP'I'ER 1'ENi t I G MUNIGl.PAV·dOllNCIL OIIUII' ~ AJt'l'ICU; 64~ · Composition of the Municipal Council The Municipal Cou..'Wil which is elected by- the 1't..m.ic1pal Assemb:cy- for a. one-year ten if.i canjliosed of at lea.at two and at most six members of the Assembly and administrative and technical of'ficers of t.he municipality. 1n addition, in the provinces, representatives of the Ministries of Education, Public Works., and Health can be invited. The mayor presides over the council., ~nhip of th0 council ie honor417, but. the Municipal Assemb~ can ~.\xthorizc, pay- ment ot a ti.Md amount. to the members !flt' each session .. Police officers and municipal inspector$ cannot be member@ of the Municipal Council .. AR'UCI.E b5: Municipal Council Sessions The Municipal Cou."lCil convenes at the req:JJ.est ot the :ma;ror or his representative ii' a majority ot the members are present. Decisions are made by a majority.. lt meeting days are determined in adva;noe, no invitation is needed .. Municipal Affairs tnat are ref'erred to the Council must be discussed and decision should be made in one week., ARTICLE 66: Aud.it The council choose~ one or more of its members to audit the-accounts,. The delegation.iis required to exa.m:lne the accounts month4r·a,nd prepare a report to be submit.t.ed in ten dayse ARTICLE 67: Prohibition against Council Members1 Pa:rUcipation in Discussion · Members of the council cannot participate in a.ny diecussion of a •tter in which they have a personal interest .. A$.TICI.E 6St Responsibility ot th.~ Mayor , and Council Members The mayor for ni.wrl.cipal atf&h-3 and the council members tor their duties are ree1J,Onsible · to the !Cunicipal Ai,sembly .. Formation of Committe$s The Council can create commi.ttetn; f'rom. amor.ig its m,e.mbel'S to facilitate its ~ t i o n of matters 'before ite ARTICIE 70: The Municipal Council Duties The Mun.ieipal Council dutie1$ a.re as fol.Jmrm.: l. Initial examim.t.ion. of the budget which is prepared by the municipali~y.

  32. 2. Looking after the monthly accounts, examination and certilieation ot contractsi, auctionsa decisions con= cerning sales·and purchase.a, expressing their views on fiml accounts., auditing accounts and· ~ulmitting the report of their audit to the Mu.'lieipal Al5sembly J> and wo preparing reports of their i':lnding~ ls to whether or not their audit. has disclosed any la'"ong~ doing., l - 19 )., £.:iq:iressir~g views ccmce~ning ,,h~ :L~;1ds own,cd t,y the mun.icipality ~

  33. 4. Determination o! the a.mount au:l. purpose of expemi- t ures trom reserve fund.a. 5 ~ 'l'ransfer or the bud.get appropriations from one minor eod.e to another minor code,,

  34. 6. Issuing instruction~ for the performance of duties.

  35. 7. Determination of the charges fo:r- transportation vehi- cles and prices for other needed articles.

  36. 8. Beconm1enda.tion for selling municipal movable property helongiri..g at aw:tion.

  37. 9. Determi.na.tion of municipal punishment penalties accord- ing to sepai"ate regulations~

  38. 10. Ma.king decisions.11 based on t.h(,j p.n,posaJ. l'.)f t,ht": ~icr1idp.!.~.- it;y·, for the appointment, proJ110tion, punishment .t- reward. ,. dbcharge., and pension of municipal per-sonuel aMording to the general lawa of government for officials6 ll~ In addition to the above duties, the Municipal Council shall take ove1~ the duties of the .Municipal Assembly in the periods between meeting&o .:ARTICI.E 71: DiBllliasa.l Because of Absence !.ta lil.ember is ab&ant tor three successive session$ idthout having a legal axc\1.3e.,. he er.all lose his council membership. ;;.\R'l'IClE 72: Municipal Final Account The mayor a.hall present to the Municipal Assembly the final accou..~ting report of the municipality according to tha decision of the Municipal Council before the examination and approval of the budget for the new year~ ARTIClli 73 t Objection of' the Mayor to Council Decieione U, in the opinion of the mayor, a decision of the council is contrary to regulationa or to the public interest., he· shall delay its execution and refer the matter to a high ranking official of' the civil goverrunent. The final decision shall be made 'b,y the government. Income of Municipalities in General The Assessment of taxes and revenues according to a.rt. i.cles of this law and othe:r gene!"al laws c,rnce.t·ning municipaJ.it:i_.;:~s is the right of mu.nicipa.lities ar.d t,h~y i'o.rm the gem.eral ini:::oi.le 0! municipalitiesA l. The mlm.ieipal percentage taken fr-om. tho$ ta.xea and r~venu 5 of the national gover~nt in tha city. 2e. R~nt of properties and other land of the lllunicipallty .. 3., Fees tr® any kind of pe1-mits is$uad by the municipal:i ,y ~ Fees :tor technical health ·reports and others -which ax-~ given to individuals tr.r the offices and establlsbmen:' of nru...-tlcipallties,. Ts::reiii and r-evenues whieh municipalities :receive as charge$ tor publi,.: services euch as 1.ightir,g ~ water supply j cleaning, and others. 'l'he municipality rna;r make aaseas.mente cm ho11.w •Y,me.rg pa:td. in prvportion to the cost of the house for any kind of constru.ction, road, water supply~ electricity 3 and other local needs, requested by two-third.s of the populati,m of a. place 0~ summer resorto ill cash received according to the law~ A. ten per cent ca.sh penalty imposed upon those who fail to pa;s- their installmenta on time4 Cash fines which are ordered by the courts according to this law and other laws abou.t municipal a.t:fair·s. 10,. A twenty per cent fine imposed on tho~e who evade mw.ici= pal taxes., Tne price of confiscated 1JJater1als., 12 .. Income .from any kind ot municipal resort such as sport fielde, horse :racing fields, stadia and other enter-- ta.inmer1t s. Fees for signs which identify the businesses ar.~d services. Fees for advertisements which are published by- municipalities~ ART re u,~ 76: Municipal. .Expenditures fi\micipa.l expenditures a.re as follows: 1,. Constri..~ction of mu.."licipa.1 buildings and expenses for furnishing~ ~ l;'2 E.~penses cf collectirlg :municipal revenues.

  39. 3. SalarieB and w.-iges of mun:i.cipal persoi.nel and cont:ract employaes and labo:r-e.i:e. ~- ;._; ,••.;;'. programs. 8~ Contribution expenset'l.

  40. 9. Expense of activities which the .municipality is reqUired by law to perform. lOo Repayment of debt and debt i.l'J.atallmente .. ll.. Payment of installment!'; for the p.n',:::1.:,,,(, ;,.," f/Y.Y: ic,.,t properl,if.!~ for thti .:...r1r.:~cipal.:i.t,;r" 12 o Taxes that the municipality is legally rE;,quired to pay. 1.3. Expense:, for establishments and improvements. that are made necessary by the growth of the city .. 146 E.11:J)enses of activities which the municipality is requiz.ed to perform aceord.irlg to Article (J.O).

  41. 15. Expenditure for construction, roainten.a.nee, and repair ot mosques and their salaries and expenses. ARTICLE 77: Limitation of General Salary P~ents and Allotment~ Total salaries, payment~ and allotments of a municipality can= not exceed 40 per cent of that year I s :income. If m.o:re money is requiredi th.a &Ul.Ount can be increased with the approval of the Prime Ministry o ARTICIB 78: Presente.tion; Gertifics.t:Lon, Approval, Enforcement and Ad.ministration of the Annual Municipal Budget The nwnicipal budget includes the yearly income and e.xpendit'U:1'19 of the municipality and permite that in sny one year, income ms:,- be collected and used .for se:r-vieee anG. expenees ~ The fiscal year starts with the fir!llt cf 1-1..i~ ,and continues to the end of Sunbola .. A.fiT IClE 79: Budget Presentation '£he municipal budget, af'ter arranging and preparation, is submitted by the mayor two months before the beginning of the .fiscaJ. year to the municipal council~ The municipal couneil is required to scrutinize the budget before they submit it to the municipal meetinga ARTICIE 80: Bndget Discuaaion in the Meeting The municipal me@ti.ng considers the text o! the budget a...-ticle by arti-ele I and tables of ineome chapter by chapter, and app:rov~s it, after Nvision if needed.,11 and then eends it t,c, the Ministry of Fi1'..a:nce .. In Kabu.l.t: a.xi a.ppr1.:>vad cQp:;r of the budget is subro.ittetl by- the mayor to the Ministey of Finance for eo:rif:i.rma.tion, In the provinces, it is ~ent to th& t ...rt.iaries and ;fir~t rank tertwies and after ex.a.mina.t,io:u by the Mustofi..at 7 ;..;_:: submitted. to the governor# AR'l' lCIE 82t Bndget Confirmation The budget is conf'ixmed by the competent officer in ten dfa~ after i.ts arrival,. At the time of contizmation the .following articles can be revisech 1~ If the o~iginal budget or the stat.ments or its text do .not comply with the law and oonstitutio..,., 2~ El:imina:ticn of income which i$ oot ·within th(, authority of the l"ll.tLl'"l.icipality and red1.u;:tion of inc:o:m.€ est.ima.tel!! accordingly. J. Elimination of' services which are oot incll.l;dl$d ir, the duties of the municipality and N'Xiu~tion of e:....:pendituras accordingly~ 4o Budget enforcement a.c::cordlr.ig to the approval of munidp.'3.1 meeting and agreement of the gov*.rnment~ ART1GIB 8.3: Prohibition ot Budget Changes The of'ticer responsible tor budget. approval ca..nnot char.;g't the budget except as stated in Article ( 82). Expenditures Not Included in the Budget If any official or empl~e spends ,n.ore teen the mi.mfoipa,1 budget$ he is to be punished according to orders of the <~OUJ;-tl}. Budget Granting Officer The mayor is respo~.sible for authorizing expenditure~ acccrcti11g to the m.Ul".icipal budget, and he can delegate thii': responsibility to his deputy. ARTICIB 86t Responsible Accountant~ Accountants and municipal accountin€; directors are responsible for budget accounting and they must obey the rules and pro,~ed- uree which are al:raady establi$hed for governmental accou.ntingp ARTICI.E 81: Administrative Account and Fi.Dal Account According to Article (Sl) ot th.is law, a final accou..."'lti.ng report is prepared hy the administrative aceou.ntants each year and submitted to the municipal council three months a..f'ter the end of the :fiscal year. Two :months after sutrmiesion it is scrutinized and approved by the municipal meeting~ Continuation of Previous Yea.~ Budget If the budget of a new .fiscal year fa not completed in the requil"~d t,ime1; -the i:,:tl[aVious yea:i:;a budget i15 valid -...mti.l t.hll:1 completion of th,J new budget o ,. .;ARTICIE 89: Organization of the Alliance Municipalities can jointq undert.ake taaka tba.t are common to them. both. Regulations prepared by- the combined meabera a.re approved by- the Advisory Boards in the provinc:as and ths Min- ist.er of Interior in the Capital. ARTICIE 90: l!:xeeutive Board o:f' the Alli.a.nee Each Alliance or two or more municipalities has an executive board. Ii an orga.niut.ion is not prescribed in adV'ance, the executive boa.rd ia composed of two representat.ives of each munioipalit.;y. 'l'he repreoentativea are ehosn b:y the Municipal· .Assembl:y trom its membership or from those who have the qual- 1.f"ice.t.i.on o.f membership in the Municipal bsemb~. The term oi duty of t.M executive board continues until the new eleotion of the Mwucipal Aesembly .. ARTICIE 91: Executive Board President A session is held ten da,ys aft.er completion of thG regulations o! the Alliance. The mayor ot the central municipality acts as c! ...l.irman o! the !irat meeting and the executiv-e µresident and other officers are chosen in this meeting. ARTICIE 92: Sessions ot the Executive Board The executive board o! the A.l.J.i.ance reiularly holda two sessions at the request of' the president. · These meetings are, held. one month before the regular sesrsions of the Mu...lrleipsl. Assembly. The president himself. du~eetly or- at the requ.e5t of the ma,jvl'it;y can invite t.be executive board to convene. ARTICI.E 9J: Council o! the Alliance In order to oa'"r,y out. its duties properly- the e.xecutive board chooses a CoWlCil having at m.ost two members f:rora each mun.ici- palit.y. The executive board pr~sident is the president of the Council. CliAPI'ER THlliT.c..EN: MISC.bll.AN"l!:OUS AhTIClliS ARTICLE 94: In the case of the sale of :movable ar.:.icles belongir~ to a municipality, the mayor, municipal officers and employe1&s are _prohibited from. purchasing them. Remarks Personnel and. workers of a municipalit,y can bl\y mWlicipal land tor building a house in the same manner as it is sold to all other r~sidents. AltTICIE 95: With the agreelllent of the may-or, one or two persoru, of good reputat.ion can be chosen as the city's advisory com.m.ittee and their views may be used as n"3ecied. After the issllal'l.C~ c-f t.hl~+ :re.gtilation~ th~: 1.,,=f~\lJ...:::.t.i.,~~1 t:::•f the month Dahm~ l..330~ :ts ::rn]:,er~ede(i,. ARTlClli 97: The ~ecution o! this regulation is ordered~ The lil:n:i.erter of ln±.~rio:;- is required to approve this reg1,;J.at.ion as all gove:r.l!-oen- t~l r-egulati.onia we i-ecomm.end and. ord~.r its exacv.tion.,

Law on Municipality · Nelum