The Provinces not ِAssociated in a Region No. 21 of 2008

The Provinces not ِAssociated in a Region No. 21 of 2008
in
• Federal
•
• Local Powers

Law / Document Number (ID) :
21

Type of Law:
Law

Date Issued:
19 Mar 2008

Date Published:
31 Mar 2008

Status:
In force

Summary :
Due to the wide scope of competencies and powers granted to the Provinces and their administrations by the Constitution of the Republic of Iraq, and in order to organize these competencies and powers in accordance with the form of the new State that is based on the Federal System and the decentralized system, and because current legislations lack such a situation, this law was promulgated.
Provincial Powers Law Feb. 13, 2008

In the name of the People
The Presidency Council

Based on what has been passed by the Council of Representatives under the provisions of Article (61\first) of the Constitution, and the validation of the legal period stipulated in (138\fifth\A) of the constitution the following Law has been issued at 19\3\2008:
Law Number (21) of (2008)
The Provinces not associated in a Region
Preamble
Article 1:
The following terms have the indicated meanings- wherever they appear in this law:
Law: Law of Provinces not associated in a Region
Council of Representatives: The Iraqi Council of Representatives
Province: An administrative unit within its geographic boundaries, which consists of districts, sub-districts and villages.
Council: Provincial Council
Local council: The District Council and the Sub-district Council
Councils: The Provincial Council, the District Council, and the Sub-district.
The Administrative Unit: Province, District, and Sub-district
Head of an Administrative Unit: The Governor, the District Director (Qa’ immaqam), and the Sub-district Director
Senior Positions: General Directors and the Heads of Security Institutions in the
Province, excluding Presidents of Universities, Judges and Army commanders
Absolute Majority: Shall be achieved by half +1 of the number of members
Simple Majority: Shall be achieved by half +1 of the number of the present members after quorum is achieved.

SECTION ONE
COUNCILS AND ESTABLISHING PROCEDURES
Article 2
First: The Provincial Council is the highest legislative and oversight authority operating within the administrative boundaries of the Province, and has the right to issue local legislations within the provincial boundaries in a way that enable it to run its own affairs in accordance with the principle of decentralized administration and in a way that does not contradict the Constitution and Federal laws.
Second: The Provincial and Local Councils are subject to oversight of the Council of Representatives.
Article 3
First:
1. The Provincial Council is made up of twenty five seats and an additional seat per every 200,000 people for a population over 500,000 people.
2. The District Council is made up of ten seats and an additional seat for every 50,000 people.
3. The Sub-district Council is made up of seven seats and an additional seat for every 25,000 people
4. Members of councils are to be elected by direct secret ballot in accordance with the Council Election Law
Second: The latest official census is to be adopted in order to decide the number of seats to be added to what was stated in item First of this Article
Article 4
The electoral term for the Councils is four calendar years commencing with its first session.
Chapter One
Conditions and End of Membership
Part One
Conditions of Membership
Article 5
A candidate for membership of a council is to meet the following conditions:
First: Must be an Iraqi, fully qualified and must be over thirty years of age upon candidacy.
Second: Must hold, at a minimum, a secondary school certificate or its equivalent
Third: Must be of good moral reputation and conduct and free of any conviction of a crime involving moral turpitude.
Fourth: Must be a native of the Province according to the Civil Status Record, or has been continuously residing in it for a period no less than 10 years, provided that his residency is not for the demographic change
Fifth: Must not be a member of the Armed Forces or Security Agencies at the time of his candidacy.
Sixth: Must not be covered by the provisions and procedures of the De-Baathification Law, or any law replacing it.
Seventh: Must not have illegally enriched

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Article 18
The term (six months) replaces the term (one year) in paragraph (third / A) under Article (3) of the First Amendment Law of the Provinces not Associated in a Region number (21) for the year 2008, the number (15), issued on 2010, And replaced with the following:
First: It is not permitted to combine membership in the Councils with any work or other official position and the member shall have the right to return to his former position after the expiration of his term. The relevant official authorities must facilitate the approval on full time secondment from his office and return to it at the expiry of membership of the Council
Second: The term of membership in the council shall be considered for the purpose of a salary raise, upgrading, and retirement
Third:
A. The Council members, Heads of an Administrative Unit, and the two Deputies of the Governor, who occupied their positions after 9 April, 2003, shall be paid a pension of at least 80% of the monthly remuneration determined under this Law; provided that the actual service not less than six months, or in the case of disability that prevents him from performing his duties during the membership term
B. The Council members, Heads of an Administrative Unit, and the two Deputies of the Governor, who occupy their positions under the provisions of this Law, shall be paid a pension of at least 80% of the remuneration they receive under with this Law, after the end of the election cycle or in the case of disability that prevents him from performing his duties
2. In accordance with the Uniform Retirement Law, the legal heirs shall be entitled to the pension paid to the Council members, Heads of an Administrative Unit, and the two Deputies of the Governor, in case of death or martyrdom during the membership term
Article 19
First: Quorum for the Councils shall be achieved by an absolute majority of its members.
Second: Decisions in the sessions of the Provincial Council and the Local Councils shall be made by a simple majority unless otherwise stipulated
Article 20
First: The Council and the Local Councils may be dissolved by an absolute majority of members of a council upon the request of one-third of the members in the following cases:
1. Gross violation of the assigned duties and tasks.
2. Violating the Constitution and Laws.
3. One-third of the members of a council do not meet the conditions of membership.
Second:
A - Council of Representatives may reject the decisions issued by the Council if they are contrary to the Constitution or the laws in force, in the case of the failure to remove violation the Council of Representatives may cancel the decision by simple majority.
B - Council of Representatives can dissolve the Council by an absolute majority of its members based on the request of the governor, or a request from third of its members, if one of the reasons mentioned in paragraph First above exists.
Third:
1. The Provincial Council shall have the right to dissolve the Local Councils by an absolute majority of the Provincial Council members upon a request by the Qa’immaqam for the District Council, Sub District Director for the Sub District Council or one-third of the Local Council members for one of the above mentioned reasons.
2. The dissolved Local Council or one third of its members may appeal the decision in front of the Federal Supreme Court within fifteen days from the date the decision is issued, and the court must adjudicate it with regard to the appeal within thirty days of receiving it.
Article 21
First: Upon the ratification of the decision to dissolve a councilor at the end of the appeal period, the Governor shall call elections for the Provincial Council
Second:
The Council shall be an authorized to conduct from the date of ratification of the decision of dissolution by the competent court or the passage of time without objection. The Head of the Administrative Unit conducts the everyday matters until the elections of new Council.

Third: The provisions stipulated in this Article shall be applied to the Local Councils provided that the call for new elections of the District Council shall be submitted by the Qa’immaqam and the elections of the Sub-District shall be submitted by the Sub-District Director
SECTION TWO
HEADS OF ADMINISTRATIVE UNITS
Article 22
Every Administrative Unit shall have a juridical personality and financial and administrative independence. For the purpose of exercising its functions, it shall have the following responsibilities:
First: Collection of taxes, fees and wages pursuant to the Federal Laws in force
Second: Exercising the powers granted to it under the Constitution
Third: Performing duties and functions assigned pursuant to the laws in a way that does not contradict the Constitution
Article 23
The Governor, the Qa’immaqam, and the Sub-District Director shall be considered as the Chief Executive Officers in their Administrative Units and to their staff and shall be subject to the provisions of the Civil Service Law in terms of the position and its rights in a way that does not contradict this Law.


Chapter One
The Governor
Article 24
The Governor shall be considered the Chief Executive Officer in the Province and shall be at the same level as a Deputy Minister in terms of rights and career service
Article 25
First: The candidate for the position of the Governor must meet the required conditions for a member of the Provincial Council and must hold a university degree or its equivalent.
Second: The conditions stipulated in item First of this Article shall apply to the two Deputies of the Governor.
Article 26
First: A Presidential decree for the appointment of a Governor shall be issued within fifteen days from the date of his election. The Governor shall then assume his duties.
Second: The Provincial Council may elect the Governor from the Council or non
Council members
Article 27
First: The Governor shall have two Deputies at the grade of a Director General elected by the Provincial Council from the Council or non-Council members and the order of their appointment shall be issued by the Governor within fifteen days from the date of their election by the Provincial Council.
Second: The two Deputies of the Governor must meet the required conditions for a
Provincial Council member stipulated in Article 5 of this law. They are also to have a university degree.
Article 28
In case the Governor is unable to perform his duties for health reasons for a period of more than three months, he is to be retired and the Council must elect a new Governor through the same mechanism of the election stipulated in item Seventh of Article 7 of this law. The first Deputy shall assume the

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duties of the Governor until the election of a new Governor.
Article 29
The Heads of Administrative Units and Vice-governors and Heads and members of Local Council shall swear before the highest judicial authority in the province before they start their work as the following:
“I swear by God Almighty to preserve Iraq, protect its interests and safety, safeguard the interests of the people, respect the Constitution and laws, and safeguard the affairs of the province, and perform my duties with integrity, honestly and neutrality. God is my witness”


Article 30
The Governor and the Heads of the Administrative Units shall continue to run the everyday business after the end of the electoral term of the Councils until the election of their successors by the new Councils.
Article 31
The Governor shall exercise the following responsibilities:
First: Preparing the general budget of the Province in accordance with the Constitutional standards, except those within the Federal government jurisdiction to forward it to the Provincial Council.
Second: Implementing the decisions of the Provincial Council in a way that does not contradict the Constitution and the laws in force
Third: Implementing the public policy made by the Federal Government within the boundaries of the Province
Fourth: Monitoring and inspect public facilities within the Province except for Courts, military units, universities, colleges and institutes
Fifth: Representing the Province at conferences, symposiums and forums to which he is invited and which are related to the affairs of the Province and its local administration
The Governor may delegate this responsibility to the Province staff` in accordance with the law and the norms of the country
Sixth: Establishing new universities, colleges and institutes in the Province in coordination with the Ministry of Higher Education and Scientific Research within the Province budget and upon the ratification of the Council by absolute majority of its members
Seventh:
1. Issuing orders appointing local staff in the Province of those at grades five and below within the job hierarchy stipulated in the law, upon the competent departments nomination, in accordance with the staff plan approved by the Provincial Council
2. Appointing local staff in the Province at grade four and above within the job hierarchy stipulated in the law except senior positions upon the competent departments nomination in accordance with the guidelines prepared by the Provincial Council
Eighth: Undertaking administrative and legal procedures for the Directors General and staff working in the Province upon the ratification of the Provincial Council by simple majority
Ninth: The Governor may:
1. Order the police to conduct the investigation of crimes that fall within the a Administrative boundaries or the province in accordance with the law and submit the investigative documents to the competent judge, provided that the Governor shall be informed of the outcome of the investigation
2. Establish and abolish police stations, upon the ratification of the Provincial Council by the absolute majority of the number of the Provincial Council members, in accordance with the conditions stipulated in the relevant laws and the guidelines of the Ministry of Interior
Tenth:
1. The Governor shall have direct authority over local security institutions and all departments charged with the duties of protection and maintaining security and order operating in the Province, except for the armed forces (Units of the Army)!
2. If the Governor deems that the security institutions in the Province are unable to accomplish its duties in maintaining security and order, he shall bring the matter immediately to the Minister of Interior, indicating the size of the force sufficient to perform those duties.
Eleventh:
1. The Governor may object to the decisions of the Provincial Council or the Local
Council in the following cases:
A. If the decisions are in violation of the Constitution or laws in force.
B. If the decisions are not within the powers of a council.
C. If the decisions are in violation with the general plan of the Federal Government or the budget.
2. The Governor shall forward the decision back to the relevant Council within a period not to exceed fifteen days from the date of the notification, accompanied with his notes and reasons for his objection.
3. If the relevant Council insists on its decision or amends it without removing the violation pointed out by the Governor, the Governor must refer it to the Federal Supreme Court to adjudicate the matter.
Article 32
The Ministries, and the departments not associated with a ministry, should notify the Governor of all correspondence with their respective departments and facilities within the Province for his information and to monitor implementation. The Heads of Departments and public facilities within the Province must adhere to the following:
First: To inform the Governor of their official correspondences with their respective departments at the office center.
Second: To report to the Governor on matters referred to them
Third: To brief the Governor about their work involving security and important matters or issues involving more than one department in the Province or the conduct of their staff.
Fourth: To inform the Governor of their assumption of duties and when leaving their jobs.
Fifth: To complete the tasks and the committees’ work assigned to them.
Article 33
First: The Governor shall have a number of Assistants for the administrative and technical affairs, not to exceed five, to perform the tasks assigned to them by the
Governor, and shall work under his supervision.
Second: The Assistants must have at least ten years of experience in their specialization and must meet the conditions required for a Deputy Governor.
Third: The Governor’s Assistant shall be appointed at the level of a Deputy Director General
Article 34
First: A Consultative Commission consisting of not more than seven experts selected by the Governor shall be formed in each Province, who are specialists in legal, technical, financial affairs as required, and shall report directly to the Governor and shall work under his supervision and guidance.
Second: Each member of the Commission must have at least ten years of experience in his specialization and shall be at a rank of Deputy Director General.
Third: The Commission referred to in Item First of this Article shall study subjects referred to it by the Governor, each according to his specialization and submit relevant written recommendations.
Article 35
The Governor may delegate some of his responsibilities to his Deputies and Assistants but he may not delegate the powers delegated to him. [Exclusively given to him].
Article 36
The services of the Governor `s Assistants and his advisors from the Consultative Commission and Heads of an Administrative Unit, if they were public officers, shall be transferred to the staff of the administrative units for which they were elected or appointed for a position therein throughout the term of the position or the job.
Article 37
First: The Governor, his two Deputies and the Heads of an Administrative unit may submit their resignations to the council that elected them. The resignations are deemed accepted as of the date of their submission.
Second: Their replacements shall be elected pursuant to the procedures stipulated in this Law.
Article 38
The provisions of dismissing the Governor, which are stipulated in this Law, shall apply to his two Deputies
Chapter Two
The District Director (Qa’immaqam), and
The Sub-District Director (Mudir al-Nahiya)
Article 39
First: The District Director and the Sub-District Director shall be deemed as the Chief Executive Officers in their administrative units and shall be elected under the provisions of item Third of Article 8 and Article l 2 of this Law.
Second: The District Director and the Sub-District Director must meet the conditions stipulated for the Provincial Council member stipulated in Article 5 of this Law and hold a university degree.
Third: The Governor shall issue an administrative order to appoint the District Director and the Sub-District Director and they shall be under his supervision and guidance.
Fourth: The District Director shall be at the grade of a Director General, and the Sub-District Director shall be at the grade of Deputy Director General.

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Article 39
First: In the absence of the District Director, the Governor is to appoint one of the Sub- District Director from the District to assume his duties.
Second: In the absence of the Sub District Director, the District Director is to appoint one of the Sub-District Director from the District to assume his duties
Third: The District Director must notify the Governor and the Sub-District Director must notify the District Director about their absence before an appropriate period in order for them to appoint a replacement during their absence
Part One
Powers of the District Director (Qa’immaqam)
Article 41
The District Director (Qa’immaqam) shall have the following powers:
First: To carry out the decisions taken by the District Council those are consistent with the Constitution and laws in force.
Second:
1. To directly supervise and inspect the official departments and their staff in the district, excluding the Army, courts, universities and institutes. The District Director is to impose punishment prescribed by law against violators, with the ratification of the District Council.
2. The District Director may order the police to conduct the investigation of crimes fall within the district boundaries and submit them to a competent judge, provided that the District Director is informed of the outcome of the investigation.
Third:
1. To maintain security and order and protect rights, lives and properties of the citizens.
2. To preserve State’s rights, and protect its properties and collect its revenues according to the law.
Fourth: To prepare the local draft budget for the District and to send it to the District Council.
Fifth: The Qa’immaqam may order the formation of police stations and patrols in the District temporarily for maintaining security as needed
Article 42
Heads of official departments in the Province shall send to the Qa’immaqam copies of orders and decisions sent to the branches of their departments in the District for his review and to follow-up their implementation as far as the District is concerned.
Part Two
Powers of the Sub-District Director
Article 43
The Sub-District Director shall exercise the following powers:
First:
1. To directly supervise and inspect the official departments and their staff in the Sub- District, excluding the Army, courts, universities and institutes
2. The Sub-District Director may order the police to conduct the investigation of crimes fall within the sub-district and submit them to a competent judge, provided that the Sub-District Director shall be informed of the outcome of the investigation
Second:
1. To maintain security and order within the Sub-District boundaries
2. To preserve State’s rights, properties and collect its revenues according to the law.
Part Three
Financial Resources
Article 44
The financial resources of the Province shall consist of the following:
First: The Fiscal Budget granted to the Province by the Federal Government in accordance with constitutional standards prepared by the Ministry of Finance and ratified by the Council of Representatives
Second: Revenues obtained from services provided and investment projects undertaken by the Province
Third: Revenues obtained from taxes, fees and local fines imposed in accordance with the Constitution and federal laws in force
Fourth: Donations and grants obtained by the Province in a way that does not contradict the Constitution and the federal laws in force
Fifth: Revenues obtained from the sale and lease allowances of State movable and immovable assets in accordance with the Law of selling and leasing State properties and other in force
Part Four
Final Provisions
Article 45
First: A High Commission shall be formed for coordination between the Provinces headed by the President of the Council of Ministers and the membership of the
Governors, and shall be competent to consider the affairs of the Provinces, their local administrations, and means of coordination between them. It shall address the problems and obstacles and all the inter-provincial affairs.
Second: The Commission shall meet upon the call of its Head every sixty days or whenever it is necessary.
Third: The Head of the Commission may invite any person whose presence is deemed necessary to the sessions of the Commission.

Article 46
The Province and its Provincial Council shall follow the adopted accounting systems in accounting operation.
Article 47
The departments of the Province and the Councils shall be subject to oversight and audit by the Board of Supreme Audit and branches of the independent commissions formed under the Constitution provisions.
Article 48
The term of the Governor, his Deputies, Assistants, advisors and Heads of Administrative Units shall be considered to be actual service for purposes of raises, upgrading and retirement.


Article 49
Article 49 shall be repealed under Article (7) of the First Amendment Law of the Provinces not Associated in a Region number (21) for the year 2008, the number (15), issued on 2010.

Article 50
The Provincial Council and the Local Councils shall decide the authenticity of membership of its members by absolute majority of its members within thirty days from the dates of the fret session.

Article 51
Any order regarding the end of or dismissal from office stipulated in this Law must be preceded by a questioning session for the relevant person.
Article 52
The budget allocated to the Province as part of the federal budget shall be directly provided to the Province by the Ministry of Finance after deducting strategic expenses.
Article 53
The following shall be annulled after this law being into force:
First: Law of Provinces No. l 59 of 1969 and its amendment.
Second: Local People’s Councils Law No. 25 of l 995 and its amendment.
Third: Provisions stipulated in the Law of Municipality Administration No (165) of (1964) amended concerning the formations and powers of the Municipalities Councils.
Fourth: CPA Order No (71) on April 6, 2004, and its amendment
Fifth: Laws, Resolutions, and Regulations that contradict the provisions of this Law.
Articles (54 and 55) have been cancelled under Article ([You must be registered and logged in to see this image.] of the Code of the First Amendment of Provinces not Associated in a Region Law number (21) for the year 2008, the number (15), issued on 2010, and replaced by the following text:
Article 54
Villages and Neighborhoods shall be run by the Council and Head of Nahiya each one according to his specialty through the Region Selected who conducts hi duty according the law.
Article 55
First - The provisions of grades and pension rights stipulated in this law to the occupants of positions of Heads of Administrative Units and the Deputy Governors and Heads and members of Councils after 04/09/2003.
Second - The members of Municipal Councils (sectors and neighborhoods) who occupied their positions after 9/4/2004 deserves the pension rights that deserved by Member of the Board in accordance with the same conditions.
Third: - The Heads of Administrative Units and heads and members of Local Councils shall continue occupying their positions, when this law becomes active, till the election of their replacements according to this law.

Justifications
Due to the wide scope of competencies and powers granted to the Provinces and their administrations by the Constitution of the Republic of Iraq, and in order to organize these competencies and powers in accordance with the form of the new State that is based on the Federal System and the decentralized system, and because current legislations lack such a situation, this law was promulgated.
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