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The text of the First Amendment to the Act the sale and rental of state funds law
7/18/2016 0:00
[rtl] Baghdad morning
published the "morning" the text of the First Amendment to the Act the sale and rental ofstate funds approved by the House ofRepresentatives Minutes usual Sunday law.
According to the letter of the law , according tothe information department of the House of Representatives "Based on what passed the House of Representatives and approved by the President of the Republic and according to the provisions of subsection [ first of Article [61] and item [III] of Article 73 of theConstitution, the following law was issued:
No. [] for the year 2016 the first amendment to the law of the sale and rental of state funds law: Article 1 - - The text of Article 4 of the law on the sale and rental of state No. funds [21] for the year 2013 and replaced by the following: - Article - 4 - not to employees of ministries or agencies may not associated with a ministry or public sector who have taken a decision to sell or rent the party that belong to them as well as members of the committees of appreciation, sales and lease purchase or funds hire these funds by way of public auction applies to spouses and relatives to the fourth degree. Article - 2 - the text of Article (7) of the Act and replaced by the following: -almadh - 7 - I. a committee estimate of three (3) staff with experience not less than the functionality of any of them for the fifth degree. Second is accompanied by thecommittee provided for in clause (i) of this Article , an employee of the real estate registration department and employee arithmetic of the employees of the Ministry ofFinance. III of the Commission on the use of a specialized expert. Article 3 - - the text of art . (11) of the Act and replaced by the following: - Article - 11. first - charged tothe buyer or lessee wage service rate (2 percent) , two percent of the allowances of thesale and rental of funds covered by the provisions of this law. allocations committees II - deducted from the amount provided in item (i) of this Article , all expenses necessary to prepare money for sale or lease , including the wages of advertising, paging and wages committees detection and estimation, sale and rent. III gives the members of the committees of the detection and estimation and the sale and rental of movable and immovable State being appreciated, sold or funds lease wages of $ (10,000) ten thousand dinars for each of them and (5000) five thousand dinars for each of the real estate registration department and a representative of the Ministry of Finance employee if the property is not due to the Ministry of Finance and an expert and secretary of theCommittee and the treasurer and the driver accompanying the Commission all Minutes estimate certified by the Committee organized or a list of bidding the Committee on thesale and lease organized and may not be the total remuneration granted to each member of the committees provided for increases in this item (300,000) three hundred thousand dinars a month and (150,000) one hundred and fifty thousand dinars per month per facility. IV grants Bellman who shall roll call for the purpose of sale or lease ofmovable and immovable state funds pay pager of $ (5,000) five thousand dinars for each case of sale or rent on not more than (150000) one hundred and fifty thousand dinars per month. V. cabinet wage adjustment provided for in items (III and IV) of this article whenever it is necessary. cases of non - sales VI a - distribute the remainder of the service fees after deducting wages and expenses set forth in items (ii) and (iii) and (iv) of this article, as well as wages and expenses mentioned in cases where the sale and lease are not if you do not get interested in the sale or lease on the circuit , which holds the sale and rent money and staff supporters on according to the guidelines staff issued by the competent minister is not permissible to combine these wages and any other comparable wages of those charged by staff circuit. b - collected from the ratio mentioned above in paragraph (a) of this item publishing and advertising fees for cases where there is no sale or lease to not get interested and since the abolition of theRevolutionary command Council resolution (dissolved) No. (163) for the year 1998 to the entry into force of this law . VII . the provisions of this Article shall apply to the assessment committees and the sale and rental of movable and immovable problem in the Endowment and the staff accompanying these committees. Article - 4 - the text ofparagraph (a) of clause (I) of Article (15) of the Act and replace it as follows: first - a - taking into account the provisions of Article (12) of this law being advertised for sale role or apartments or residential land not exceeding an area of 300 m three hundred square meters belonging to the State , including funds belonging to the Endowment State with the exception of land suspended moratorium right or atomic to the employees of theState or the public sector married couples who do not have them or their spouses or their children minors Dara ", apartment or land" housing on the face of independence andhad not received a housing unit or a piece of residential land from the state or cooperative societies, being sales between employees per ministry , giving precedence to employees of the department dating back role or apartments or residential her land first, if not one of the employees of the ministry or department concerned or remained part of them progresses are made public again "for sale to employees of the General State referred in the declaration that in case of lack of access unwilling to purchase them or remained part of them are made public once again for sale to all citizens who meet the conditions of the acquisition. Permissions advertising material - 5 - repealed released article (16) of the Act and replaced by the following: Article - 16 - concerned minister or the head of the non - associated Ministry or authorized any of them advertise on the establishment of surface rights over immovable property for the purposes ofcommercial, industrial and investment activities by way of public auction procedure itself stipulated in Article validity (12) of the Act and in the following manner: - Article 6 - - the text of the item (III ) of Article (18) of the Act and replaced by the following: Thirdly - if not overdue premiums are met and issued a decision of the competent minister or thehead of the body is related to the Ministry to cancel installments and met the rest at once are taking the following procedure: - a - If it is not property registered name of thebuyer in a real estate registration department concerned is sold by the owner on according to the provisions of this law . in this case , the buyer second shot just sales ,rather than all at once , and charged to the price of the remaining installments owed by the first buyer with interest the delay and expenses of the second sale and being the first buyer reimbursements to hand and restricts the remaining revenue to the point ofowning. b - If the property registered name of the buyer is sold on in accordance with the provisions of the Land registry Law No. (43) for the year 1971 as a reserved area byvirtue of mortgage insurance to meet the rest of the pitch , rather than sell it and satisfy the premiums remaining from its price , with interest being the rest of the price to deliver buyer of Land registry Directorate competent according to the law. c - required the buyer or his heirs to pay the remaining installments of allowances for sale properties sold before 2003 that have not committed to make payment in a timely manner -denominated price of gold for the purpose of registration in the name of the buyer or his heirs with the lifting of booking a signal designed to meet those premiums . Article - 7 - The text of Article (22) of the Act and replaced by the following: - Article - 22 - hack isnot handed over to the tenant before paid the rent in accordance with the provisions ofArticle 20 of this law. Article - 8 - deletes the text of the article ( 24) of the Act and re -sequence material accordingly. Article 9 - - The text of Article (25) of the Act and replaced by the following: - Article - 25 - first - may sell immovable property without apublic auction , the decision of the competent minister or the head of the body is associated with the Ministry allowance appropriate, not less than (50 percent) fifty percent of the real wildcard for the drug, according to the prevailing prices for those and neighboring assessed by the evaluation committee and approved by the competent minister or the head of the body is related to the Ministry to state departments and thepublic sector in the case of the use of the drug official of the department for thepurposes of . sales without bidding II may sell residential real estate to government departments and the public sector without a public auction , the real price and prevailing for similar and neighboring assessed by the Commission estimate prices and approved by the competent minister or the head of the body is related to the Ministry for thepurpose of selling them to its members by way of public bid. III municipality competent after the approval of the Minister of municipalities and public Works and the municipality of Baghdad sale earmarked for housing real allowance land and by mainstream counterparts and neighboring prices assessed by the valuation committee stipulated in this law, without a public auction to the Iraqis who do not have them or their spouses or their children minors house, apartment or residential land on the face independence andhad not received a housing unit or a piece of residential land from the state or cooperative societies for housing. IV concerned minister or the head of the body is related to the Ministry and through the minutes revealed with the real Estate Registration Department to decide: ( a) the sale roads litter and waste resulting from any source Last space - less than the minimum secretion or which can not be secreted. b - piece detachment independent bond sale, which can be secreted and has a port on the highway public auction independently as a piece by the provisions of this law , provided they are not obscured by the neighboring blocks. rents Article - 10 - The text of Article (26) of the Act and replaced by the following: - Article - 26 - first - may rent immovable real allowance, according rents prevailing for similar and neighboring without a public auction , the decision of the competent minister or the head of the body is related to the Ministry or authorized either to the following entities: - a - Associates ofgovernment departments and the public sector for the housing units owned by the state.b - government departments and the public sector, trade unions, associations, organizations and associations for the purpose of exploiting the money is transferred leased circuit or the seat of its business or for purposes stipulated in the laws. c - brokers shops army located in the barracks, warehouses, schools , military, hospitals and other brokers shops in government departments and the public sector that have special circumstances require taking into account the accuracy of the tenant selection. d - theowners of the neighboring property to the shores of the state - owned if the beaches tobe rented connected to them and have no way to pass only through this property. e - brokers dedicated to the production of bread , real estate and Alsamun after the expiry of the first lease contract as a result of public auction. F. brokers of state - owned land for the purpose of establishing rest stops and gas stations along the highways outside themunicipal covered by the limits of the mobilization of controls land lease on the roads for the construction of stations break it for the first time only and subject to the procedures for public auction after the end of the lease term. g - specialized private sector companies , to systems - winning communications fundamentalism leave and contracting with the competent authorities for the purpose of establishing the mobile phone project towers and halls for the project cordless telephone facilities , the use of terminals (VSAT) , which connects Paddleboat. Rent furnaces and mills secondly - a - authorizes the Secretary of Commerce authority to set up the land rent ovens, mills, garages and repair shops belonging to these facilities to the people who dock their auction sale of thosefacilities. b - the land described Rent in paragraph (a) of this item exception of actions bidding and determines the rent in advance from the Commission estimate the problem under Article (7) of this law. III competent minister or the head of the body is related to the Ministry or authorized any of them based on the tenant request to extend theduration of the real estate non - residential lease to be the real wildcard estimate every three (3) years. IV a competent minister or the head of the body is related to the Ministry or authorized any of them at the request of the tenant to extend the period of non -residential real estate leased public auction lease if the original lease for less than (10) ten years the requirement does not exceed the original term and duration of theextension of the (10) ten years. ( b ) the tenant to provide a written request to the desire in the extension by three (3) months from the expiration of the original lease and otherwise forfeits his right to request an extension. ( c ) upon approval of the request extension impose an increase on rent is named instead of in the contract rate (10 percent) , ten percent of the rent prior year extension for each year of the extension according succession numerical. Article - 11 - the text of Article (34) of the Act and replaced by the following: - Article -34- may sell and lease transferred state funds without published in local newspapers, without a public auction , and the estimated value of the decision of the competent minister or the head of the body is related to theMinistry or authorized any of them in one of the following cases: first - If the sale or lease to the state departments and the public sector. Second if the money to be perishable or decreasing the value sold. III if the total assessed value of the property tobe sold no more than (500,000) five hundred thousand dinars in each case. Fourth: - If keeping costs and maintenance funds to be sold Too expensive for the value. Article - 12 - this law shall be from the date of its publication in the Gazette official. the reasons:to avoid loopholes contained in the sale and rental of state funds law No. (21) for theyear 2013, and to find a legal and accounting treatment of what Affersh abolition of theRevolutionary command Council resolution (dissolved ) No. (163) for the year 1998, and to address what was produced by the practical applications of the law of theshortcomings, initiated this law.[/rtl]
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