Resolution No. 216 of 1994 promulgating Law No. 27 of 1994 on the first amendment to the Cooperation Law (No. 15 of 1992)

LAWS Laws consist of all the members of cooperative Resolution No. (216) committees for supervision and following up Date : 23rd- Ragab- 1415 H. in the Governorates. 26-12-1994 A.D. A- The General Body shall meet cnce at least In accordance "lith the provisions 01 Para. annualy by an invitation from the admini- (A) of Article (42) of the Constitution. stration Board of the federation, and its The Ravolutionary Command Council have meetings shall be held by the Presidency of 6e~ided to promulgate the following Law: the Federation's head and the presence of Law No. (27) of 1994 the most of the number of its members, and Fii·:;"t Ameudment to the Law of Cooperation in case of the non completion of the quorum, No. (15) of 1992 the meeting shall b postponed for (15) days, Article - i and the meeting shall be considered as being- Article No. (2) of the Cooperation Law No. held whatever the number of the attendants (15) of 1992 shall be abrogated and substituted may be. by the following: B- The resolution shall be taken in the general article - 2 • held whatever the number of the attendants The following cooperativ:e organizations votes. shall be established by virtue of the provisions and in case of equality of the votes the head of this Law i- of the general body shall have the casting 1- General Federation of Cooperation. vote. 2- The Cooperative Committee for Supervi- ~rticle - 3 - sion and Following up in the Governorate. Firstly - Item (A) of Para (1) and Para (2) of 3- Cooperative Associations. Article (4) of the Law shall be abrogated 4- Cooperation Fund. and substituted by the following: 5- Institute of Cooperative Preparation and 1- Eight members elected by the General Training. Body of the Federation representing all kinds Article - 2 - of cooperative societies as members. Article - 3 - of the law shall be abrogated and 2- The membership period of members men- substituted by the following: tioned in Item (A) of Para. (1) of this article - 3 - Article shall be four years nonrenwable and 1- The General Federation of Cooperation is a the General Body may renew the member- cooperative organization represents the co-' ship of help of the number of members for operative movement in Iraq in its differ- other four years nonrenewable. ent sectors except what has been regulated Article - 4 - by it under special law and it has a juristic Article (5) of this Law shall be abrogated personality, and Council of Ministers and substituted by the following: may supervise over the cooperative activity article - 5 - and the approval of the annual plan of the 1- The administration Board of the general federation, and it may issue the required re- federation shall undertake the general sup- solutions when there is a mistake or devia- ervision, planing, controlling and coordina- tion in applying the plan adopted by the: ation of the activities of cooperative Societi- Council. I es, the fund of cooperation, Institute of co- 2- The General Body of the General Federation I operation and training, and the for cooperation is the higher authority there- : programming of the cooperation movement in which puts its general policy, and shall' according to the central aims of the State

The Official Gazette No. (13) 2 29-3-1995 LAWS and especially the following:- instead of the title of (The qualitative co- A- Suggesting the annual plan of the general I operative federation). federation of cooperation and submitting it B- Article (6) of the Law shall be abrogated to the Council of Ministers for discussing and substituted by the following: and approving thereof. article -6 _ B- Discussing and unifying the plans of cooper- l-A- The Cooperative Committee for supervi- ative training and their approval and sub- sion and following up) shall be connected mitting same to the Council of Minister for with the governor, and shall be consisted of their approval. five members nominated from among the e- Writing off the funds related to the center members of the administrative Boards of of General Federation, cooperation fund the cooperative societies in the governorates, and the institute in what not more than B- The head of the committee, his deputy and (25000) twenty five thousands dinars for the secretary shall be ejected form among each case and ~ubmitting the matter to the I its members. General Body ill what not to exceed on C- The period of membership in the Committee that . shall be four years renewable once only. D- Following up the execution of the pla~ and 2- The Committee shall undertake the follow- submitting r,;~ annual report thereon to the Council of Ministers. ing:- E- Discussing and approving the annual fin- A- Coordination among the activities of co- ancial budgets, the final accounts, and the operative Societies and their Programming. cadre of the Rersonnel of the general federa- B- The planning for cooperative activity on the tion, cooperation fund and the institute. I governorate level. C F- Organizing the foriegn relations of the gen- 'I - The supervision over the well doing of eraf federation and representing it in the Cooperative Societies of their duties and Arab, International circles and conferences. tasks. G- Issuing the printings concerned with the D- Following up the plans and programmes of cooperative movement. Cooperative Societies. H- The acquaintance on the minutes of the co- E- Submitting of periodical reports every three operative committees for supervision and months to, the governor and the Diwan of following up in the governorates and the Financial Control about the activities of co- investigation of their obligation with the operative Societies and it may submit the provisions of law, regulations and Instruc-: urgent reports as required and according to tions issued accordingly, and in case of dis-I its estimation. agreement between the general federation \ 3- The committee's resolutions lihall be bind- and the ceooperative committee for supervi- ing and liable to execution by the coopera- sian and following up in the governorates, tive Societies after the approval of the the matter shall be submitted to the Coun- Governor thereon. cil of Ministers to take the decision on it. 4- The governorate may supervise the applic- 2- The administration Board may authorize ation of the annual plan decided by the Cou- its chairman the competency stipulated in ncil of Ministers and the promulgation of Item (D) of Para. (1) of this Article. the required resolutions at the occurrence Article - 5 - i of fault or deviation in their application. A- The title of Chapter (4) of the Law shall Article - 6 - be (The Cooperative Committees for super- A- The phrase (The Cooperative Committee for vision and following up in the governorates) supervision and following up in the gover-

The Official Gazette No. (13) 3 29-3-1995 LAWS TIl Article (13) of the Law shaIl be deleted and sub- norate) shall substitute the phrase ( e I tit ted b th f 11 • •• . . ti) (Th S u y e o owing: Qualitative Cooperative Associa on or eI • . A :B- Decision of the discharge shall be taken by C Competent Qualitative . ,ooperative . , s-) II the Adminusist ration ' B d oar. sociation) or (The qualitative ASSOCIatIOn., C- The discharged has the right to object on wherever mentioned in Articles (8,25,40) OL ecision before the Ge neraI t h e diISC h arge deci the Law, Federation during 30 days from the date of E- The phrase (The General Federation for be'mg notifie d Iin 1lt an d th e f eoera ~- tiIon s hall Cooperation) shall substitute the phrase d eelide m i tiIOn WIithiill ' th e 0 b jec 30 d ays (The competent qualitative Association) f rom the dat e 0 f regis isteri ermg e 0 ject'IOn ill th bt , mentioned in Para (1) of Article (12) of the thee imcommg , , t er, an d 1it s d ecision regrs " in thiIS in . Law. respect shall be final, and if it did not de- Article -. 7 - CIid e ill i tiIOn duri ' th e 0 b jec urmg th e salid perioo, iod Article (10) of the Law shall be abrogated th e a biject'ion srh a II b e consiideredasb emg ' and substituted by the following: , accepted by virtue of the Law, article - 10 - 1- The following shall be provided on every Article - 9 - one accepted as a member in the Society:- Para. (3) of Article (16) of the Law shall A- To be an Iraqi and the Arab subject resid- be deleted and substituted by the following: ing in Iraq is permitted to join in the s08i- 3- Period of (the membership in the administr- ety. ation board shall be for four years non-re- B- Attained the 18 years of age, newable and the General Body may renew e- Not to be affiliated to any other Society the membership of half of the members of Similar activity, number into another four years nonerenew- D- He must agree on the internal regulation able. of the society and acting on its application. Article - 10 - 2- There shall be provided in any person ac- . The beginning of Para, (1) and the two cepted as, a member in the consumer society jparas, (2) and (3) of Article (20) of the Law in addition to the conditions stipulated in shall be deleted and substituted by the follow- Para. (1) of this Article to be:- ing:- A- An official in one of the State departments 1- The administration Board of the Cooperative or the Socialist sector. Society subjected to the provisions of this B- or Retired, I Law may delete the properties and finances C- or from those covered by the law of soci-I related to the society according to the foi- al wellfare No, (126) of 1980. I I lowing bases, D-or from the poor or the indigents by a can- 2- The cooperative organizations of the depen- firmation from the People Council or the 'I ded bases, criteria and procedures shall be mayor of the regi~n or district where he lives. depended thereupon in the establishments 3- It is permissible to establish other consu- of socialist sector in measuring, defining, mer cooperative societies according to the and treating the natural loss or damaged provisions of Para (1) of this Article in occurred in the agricultural crops addition to the consumptive cooperative As-: 3- The Resolutions taken by the councils of the sociations stipulated in Para. (2-A) of this cooperative societies administrations in the Article. issues mentioned in para (1) of this Article Article - 8 - shall be subject to the approval Items (B), (C) and (D) of Para, 4 of the of the governor according

The Official Gazette No. (13) 4 29-3-1995 LAWS to the recommendation of the cooperative' tive organizations. committee in the governorate, 4- There shall be allocated for the chairman Article - 11 - and members of Board of Direcors of the Article (21) of this law shall be deleted and General Federation for Cooperation, the Co- substituted by the following, operative Committees for supervision and article - 21 - following up in the Governorate, and the Co- l- After the approval of the general Body of operative fund and other committees attach- the Society and the Cooperative Committee ed from their special resources, an an '1',1 for supervision on the final accounts attach- remuneration according to instructions i:.,i~U· ed therewith the report of the council and ed by the Federation and to be approved the report of the Diwan of financial Control, thereon by Council of Ministers, the net return shall be I distributed on ihe A r f IeIe - " j? - following:- Para, (1) of Article (22) cf Gie La v:,' shall 40% for the general reserve of the sodctY'!be cance II e d an d 8U b Stit t d b th f 0 11 OWIng:- 1 U eye ' 2% for the General Federation of Coopera-I' 1 - . Th e A sSOCIa ise 1Tts ac tiIVIitiles iatiton s h a II exercISC , tion. " I I " , according to an annual plan prepared by Its 5(./, '. for the cooperative committe for suner- • Ad"Bums ra rve oarr In coordiIna ti on WIith t ti B l ' vision and following up. ' the competent authority and to be agreed 13%, for the Cooperation Fund, upon by th General Body of the Association 5°70 for the social services specialized fur ! ProVI'de d th a t Iit s h au ld be emanat e d f rom the interests of the members ~~cordil'g to ~ the requirements of the developmen of the the instructions issued by the General Feder.;'! nation a~·I cconorn y an d WIithiIn th e f rame Ofa ation of Cooperation, I' the Development plan. 30% for the members according to the value Article _ 13 _ of their shares pro._vided that they shall not\ Para, (24) of the Law shall be cancelled be more than 25% from the value of the and substituted by the following:- shares conscripted therein and the r\"~';(lual; shall be paid to the cooperation fund, I arttcle - 24 - 4% A reward for the members of the admini- 1- The Association, pursuant to a decision stration council, the control committee, and from its General Body may amalgamate in- the members of other committees other than to another Association of the same activity members of the Administration Council and 1 or 0 f ac t ,IVIit y ' s consummation to f arm a new ion to the control committee. association and it has the right to merge 1 % for the workers according to their ad- with number of the Associations to for- vantage in the performance, rnulate a new association in accordance with 2- The accumulated cash surplus of the need of a decision from its General Body, the general federation and the cooperative 2- The cooperative committee Jar supervirion committees for supervision and following up and following up in the governorate mayan shall be circulated to the next fiscal year, exigency of the interest of the cooperative 3- The Gen.eral Federation of Cooperation and organization after the approval of the gover- the Cooperative Committees fa!' supervision nor, merge a cooperation committee into and following up, may invest the surplus of another from the same activity of the Integ- the receipts allocated to them in exploi- grated activity or amalgamate number of tation's projects that ar-e serving the coopera- \ the similar integral of the cooperation as- D The Official Gazette No. (13) S 29-3.1995

LAWS sociations to form one cooperation associ- ary controlling committee provided of which ation. the period of each one of them shall not ex- 3- The internal regulation of the Association ceed six months which shall be done during shall define the procedures of the joining it to call up the General Body of the Cooper- and amalgamation, the manner of trans- ative Association for electing a new admini- ferring the rights and obligations, and the stration Board or a new controlling commi- formation of the administration Boards. ttee according to the rules decided in the in- <1. The administrative board of the Associ- ternal regulation of the Cooperative Asso- ation may open branches or markets or any elation, other utility to support the activity of the Article _ 15 _ Association. Para. (3) of Article (27) of Article - 14 - the Law shall be deleted and substituted by Item (A) of Para. (4) and Para. (5) of the following:- Article (25) of the Law shall be deleted and sub- 3- Five members to be elected by the. General stituted by the following:- Body of the General Federation for Cooper- 4- A - The cooperative committee for supervi- ation from other than of the members of its vision and following up may dissolve the Administration Board representing the sorts administration Board of the Cooperative of the Cooperative Associations as - me- Association after the approval of the gover- bers. nor, whenever is confirmed to it the oc- Article - 16 - currence of transgresses or serious devia- tions in the application of the Law and the Para. (2) of Article (32) of the Law shall internal regulation, and it has the right tc be deleted and substituted by the following:- dissolve the controlling committee if it does 2- The annual Grant which is allocated by the not performs its duties on the proper phase, General Federation of the Cooperation. and the Administration Board or controlling Article _ 17 _ committee may object on the dissolution de- The two Paras. (6) and (7) of Article (34) cision before the General Federation of the of the Law shall be deleted and substituted Cooperation. by the following:- 5- If the cooperative committee for supervision and follow up decided after the approval 6- The cooperative activity is a voluntary act of the Governor to dissolve the Admini- which shall not be depended on the state's strative Board of the Cooperative Associ- aids as a mainly form and in case ation or the controlling committee therein, of the State is carried out to sub- therefore, the governor should initiate to mit a support or selling some of the pro- from interim administration council or tempor- ducts to the private sector, therefore, the I The Official Gazette No. (13) 6 29-3-1995

LAWS - priority shall be given to the cooperative \Article - 21 - This Law shall come into force after el- associations, . I I d 'I' hi h apsing (180) one hundred and eighty days from 7. Th e commercia p aces an cer mgs w IC constitute a part of the housing complexes the date of its publication in the Official Gazette. constructed by the State shall. be leased by Saddam Hussain a suitable rate to the cooperative associ- Chairman of the ations to manage these complexes except I Revolutionary Command Council the utilities allocated to the State Depart- I (Publihed in the Alwaqai Aliraqiya ments that are responsible for rendering the I (Ar, Edit.,) No. 3545 of 9-1-1995). public services therein, and the annual net \ returns of these associations shall be comp- \ I letely as a general reserve thereof, and I this shall be as an exclusion from the provi- : sions of Article (21) of this Law. Article - 18 - The following shall be added to Article (35) of the Law and it shall he para. (3) thereto: I Marketing of the products of the productive cooperation associations shall be restricted with the consumptive cooperation associations stipula- ted in Para, (2-A) of Article (10) of this Law. I Article - 19 • substituted by the following:- article ;43 - The General Federation for Cooperation may I prepare the internal regulations for the cooper- ative arrangements and submitting same to Council of Ministers for the approval thereon. Article - 20 - The Council of Ministers may issue instru- ctions to facilitate the execution of the provi- sions of this Law. The Official Gazette No. (13) 7 29-3-1995