Law establishing the Agricultural Supplies Company (No. 19 of 1996)

LAWS Ohapteer Two The General Body The General Body is the supreme authority in the Company and it shall be formed from all its officials or whoever will represent them. Al'ticle - 6 The General Body shall undertake the fol lowing: Firstly - Discussing the report of Board of Dir ectors of the company on the stages of im plementing the annual plans. Secondly - Studying the programmes and policies put down by the Board of Direcors. Thirdly - Discussing the annual report and ap proving the final accounts of the Company. Fourthly - Studying the proposlas and reports concerning enlarging the work and its de velopment as well as tackling the impedi ments, increasing the production, and de fining the creators and distinguished offi cials, ArtiCle· 5 Thirdly - Opening branches and exhibitions in various regions of Iraq for selling the agri cultural appliances. Fourthly - Granting special agencies to the ag ricultural Cooperatives and Bureaux and their circulation. Article - 4 .. Firstly - The nominal capital of the Company shall be Five hundred million Dinars, and its reserve capital shall be (100%) percent from the nominal capital . Secondly - The nominal capital of the company shall be consisted of from the capital of the company and the acumulated reserves in 31-12-1994 and the resdue of the nominal capital of the Company shall be paid up from the annual profits assured thereof. Thirdly - The nominal capital of the company shall bee amended with the agreement of between ministries of Agriculture and Fin ance. The Company shall undertake to achieve the following: Firstly - To save reserve storing from the agri cultural requirements and to facilitate of dis tributing thereof through constructing stores in different places of Iraq according to the programme fixed previously. Secondly - The Cooperation with the productive authorities for the seeds and the other appli ances of locally production. The Company shall aim at securing the agricultural requirements for the plant (Botan ical) and animal production as well as organiz ing the trade of these requirements and develop ing same. Article - 3 ;---:=-~-------:--------- .-- . In 'the Name-of thePeople The Revolutionary Command Council Resolution No. (116) Date : 14th. Jumada AI- Akhira, 1417 B. 26-10-1996 A.D. In accordance with the provisions of Para. (A) of Article (42) of the Constitution. The Revolutionary Command Council have decided to promulgate the following Law: LAW No. (19) OF 1996 THE AGRICULTURAL SUPPLIES .COMPANY CHAPTER ONE FOUNDATION AND OBJECTIVES Article - 1 Firstly - A company shall be formed in the Name of (The Agricultural Supplies Com pany), to be attached with Ministry of Agr iculture and its headquarters shall be at Baghdad, and it may open branches in side Iraq. I Secondly - The company shall have a juristic personality and financial and administative independent to achieve its objectives stipul ated in this Law, and it shall be represented by its director general or whoever he au thorizes. Article - 2 The Official Gazette No. (3) 3 15-1-1997 LAWS A:rticle . 9 The Board of Directors shall exercise the following: Firstly - To put down the general policy of the company and drawing the programmes and approving the plans. Secondly - To decide the annual draft budget and the Cadre. Thirdly - Appointing the investment faces of the company's properties. Fourthly - The approval on the loans contract to implement tasks of the company. Fifthly - Following up the reports on stages of implementing the annual plans. Sixthly - Deciding on increasement of the com pany's capital. Seventhly - Defining conditions of contracts of employing the Iraqis and Arabs and fixing their wages. Eighthly - Laying down the bases of granting the remunerations of the innovators and the distinguished. Ninthly - Amending formations of the company by the creation, amalgamation or the can cellation. Tenthly - Taking the administrative and finan cial decisions which he deems necessary to manage works of the company. Eleventhly - Authorizing some of its competen cies to its chairman to facilitate the execu tion of the works. Article- 10 Firstly - The Board of Directors shall elect in its first meeting from among its Members vice chairman to take the place of the chairman on his absence. Secondly - The Board of Directors shall meet once at least in a month by an invitation from the chairman and its is permissible internal drafts regula- iD- A representative from the General Federa instructions Issued by tion of the Cooperative Farmers Societies. Secondly . Period of the membership in the Board of Directors is three years liable to renewal. B- Two from officials of Ministry of Agriculture from among those having the specialization and experience in the field of the company's tasks to be appointed by appointed by the Minister as- two members C- Two from heads of the formations of the Company to be nominated by chairman of the Board of Directors as members Article - 8 Firstly - The company shall be headed by the Board of Directors which shall be formed by a decision of Minister of Agriculture, and consisted of: A- Director General of the Company as-Chair man. Fifthly - Discussing the tions' proposals and the company. Sixthly - Electing two members from personnel for the Board of Directors in the Bsginn ing of each turn of its rotation Article - 7 Firstly - The General Body shall meet once time at least every year by an invitation from director general of the company and he may summon it for the meeting by a request from two thirds of the Board 2£ Directors. Secondly - The quorum of session of the General Body shall be valid by attendance of Majori ty of its members by the chairmanship of the Director general and in case of increase of number of personnel in the company to 200 numbers so the hold of session shall be done on the basis of percentile vepresenta tive of them according to the bases decided by the Board of Directors. Thirdly - The recommendations in the General Body shall be taken by the majority of me mbers presents and in case of equality of the votes the chairman shall have a casting vote. Chapter Three Board of Directors The Oft'icial Gazette No. (3) 4 15-1-1997 LAWS Chapter Four General and Final Provisions Revolutionary Command Council {Published in the Alwaqai Aliraqiya (Ar. Edit.,) No. (3643 of 11-11-1996). There shall be defined by an internal regula- I ! tion decided by the council and issued by the i I Minister, the tasks of the director general and! his competencies, tasks of the administrative i formmations for the company, and its finance, i storing, administrative and technical matters. Article - 12 to summon it for the meeting by a written i i request from two thirds of the members, and the chairman should send the invita-: tion for council's meeting during three I Article - 18 I days from the date of receiving the requ- I The companyahell apply the unified ae est. t countancy system. Thirdly - The quorum shall be valid for hold-] Article 14 ing the Council by the present of the chair-I . man or his vice chairman and the two: The company shall be subject to the con thirds of members. ' Itrol and audit of the Diwan of Financial control i (Board of supreme Audit.). Fourthly - The decisions in the council shall be i taken by majority of the votes of the me- IArticle - 15 mbers present, and in case of equal votes. i Application of the rules of service stipulat the chairman of the session shall have ied in the Law of Agricultural Interests No. the casting vote. i (50) of 1972 shall be continued on the staff of 1 Fifthly - The Decisions of the Council shall be Ithe. Company. subject to the approval of the Minister, i Article - 16 and it shall be deemed as approved if no i The founded company according to the objection made on there during 15 days provisions of this Law shall take the place of from the date of coming to his office and the Agricultural Supplies Company stipulated if the minister objects thereon, they shall in Para. (i) of Item (Secondly) of Article (4) be forwarded to the Council in its first of the Law of Ministry of Agriculture No. (7) holding session, and if the council insists I of 1993 in all its rights and abligations, on its opinion, therefore a session shall be I . held by the chairmanship of the Minister IArticle .. 17 to consider into the subject, and the decision , The Minister of Agriculture may issue in which shall be taken by the majority of Iternal regulations and instructions to facilitate the attendance votes shall be deemed final. the execution of the provisions of this Law. Article - 11 - IArticle . -18- . The company shall be chaired by a director I ThIS Law shall come into force after general from those having exper-l (30) days as from the date of its publication ience and specialization and he shall be the su-I in the Official Gazette. preme head of the personnel working in the I Saddam Hussain company. I Chairman of the I The Official Gazette No. (3) 5 15-1-1997